Agenda 12/12/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 12, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Swear In Commissioner Frank Halas by Judge Ramiro Manalich.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for consent and summary agenda.)
B. November 14, 2006 - BCC Regular Meeting
C. November 15, 2006 - Value Adjustment Board Special Magistrate AM and PM Sessions
D. November 21,2006 - Value Adjustment Board Special Magistrate AM Session
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation recognizing Max Mayfield and all personnel at The National Hurricane Center
and National Weather Service serving in a variety of roles for their unselfish dedication to
Florida's residents and visitors. To be accepted by Mr. Max Mayfield.
5. PRESENTATIONS
A. Presentation by Dewberry and Davis and Collier County Emergency Management on the
findings of the abbreviated hurricane evacuation re-study.
B. Presentation by MCM, Inc. on the status of the Airport Road Overpass and six-Ianing of
Golden Gate Parkway project.
C. This item to be heard at 11 :00 a.m. Recommendation to hear a presentation from the U. S.
Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing
land development activities in Collier County.
6. PUBLIC PETITIONS
A. Public Petition request by Alana Giannone to discuss Collier County being added to the
Kyoto Protocol.
Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners review and approve an Ordinance
Creating the Naples Park Lake and Cul-De-Sac 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.
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B. This item was continued from the September 12, 2006 BCC meeting and has been requested
by the petitioner to be further continued indefinitely. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-
2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy,
Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple
Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special
Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending
the approved Windstar PUD to add the subject 20.52 acres and its additional residential units
thereby allowing a maximum of 584 residential units on 341.1 acres. The subject property is
generally located on the west side of Bayshore Drive, approximately 0.6 miles south of the
Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in Sections, 11, 14 and 23
Township 50 South, Range 25 East, Collier County, Florida.
C. This item was continued from the November 28, 2006 BCC meeting. 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. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. RZ-2005-AR-8039: SJC Whippoorwill, LLC, represented by Gary
Butler of Butler Engineering, Inc. and Brian Mansour, requesting a rezone from the
Agricultural (A) zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a
project known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is located
at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18,
Township 49 South, Range 26 East, Collier County, Florida.
E. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition PUDZ-2003-AR-4988: Waterways Joint Venture V,
represented by Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette,
Coleman & Johnson, P.A., requesting a rezone from Planned Unit Development (PUD) and
Rural Agricultural (A), to Residential Planned Unit Development (RPUD) for a project to be
known as Summit Lakes RPUD, to allow development of a maximum of 968 single-family
attached or detached dwelling units, multi-family dwelling units, and associated accessory
uses and consideration and approval of an Affordable Housing Density Bonus Agreement
authorizing the developer to utilize affordable housing bonus density units (in the amount of
415 units at 3.0 bonus density units per acre) in the development of this project for low-
income residents that will include a maximum of 10 percent of the total number of residential
units for Workforce Housing and 10 percent for Gap Housing units. Access to the property
will be from Immokalee Road (County Road 846). The property is located approximately mile
east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846). The
property is in Section 26, Township 48 South, Range 26 East, Collier County, Florida, and
consists of 138.3 acres. (Companion to Item 10E Summit Lakes RPUD)
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F. This item to be heard before Companion Item 8G PUDZ-A-2006-AR-9021 LASIP Conservation
CFPUD. This item was continued from the November 28, 2006 BCC meeting and is requested
to be continued indefinitely. 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 Item 8G PUDZ-A.
2006-AR-9021 LASIP Conservation CFPUD.)
G. This item to be heard following Companion Item 8F PUDA-2006-AR-9576 Homes of Islandia
RPUD. This item was continued from the November 28, 2006 BCC meeting and is requested
to be continued indefinitely. 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 concurrenlty 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 Item 8F
PUDA-2006-AR-9576 Homes of Islandia).
H. Recommendation that the Board of County Commissioners conditionally approves Petition
AVROW-2006-AR-9918, which seeks to vacate the Countys and the Publics interest in Gulf
Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center,
as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more
specifically described in Exhibit A.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Golden Gate Community Center Advisory Committee.
B. Appointment of members to the Parks and Recreation Advisory Board.
C. This item continued from the November 28, 2006 BCC Meeting. Appointment of members to
the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan
Committee.
D. Appointment of members to the Collier County Citizens Corps.
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve Professional Service Agreement No. 06-4000 for engineering
and permitting services to be provided by CH2MHiII, for the design of Vanderbilt Beach Road
Extension to be constructed from Collier Boulevard to Desoto Boulevard, Project #60168, in
the amount of $5,650,000. (Norman Feder, Administrator, Transportation Services)
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B. This item to be heard at 4:00 p.m., December 12, 2006. Recommendation that the Board of
County Commissioners accept the Annual Report on the activities related to the Job Creation
Investment Program, the Advanced Broadband Infrastructure Investment Program, the
Property Tax Stimulus Program, and the Fee Payment Assistance Program. (Joseph K.
Schmitt, Administrator, Community Development and Environmental Services)
C. This item to be heard following Item 10B. This item was continued from the November 28,
2006 BCC meeting. 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)
D. Recommendation to approve a Developer Contribution Agreement (DCA) between Cameron
Partners, LLC and Collier County to obtain right-of-way for the future expansion of the
intersection of Immokalee Road and Collier Boulevard. (Nick Casalanguida, Transportation
Planning Department)
E. This item to be heard directly following Item 8E. Recommendation to approve a Developer
Contribution Agreement (DCA) between the developer of Summit Lakes RPUD, Waterways
Joint Ventures V (Developer) and Collier County (County) to construct the Tree Farm,
Woodcrest and Massey alternative roadway project (Project). (Companion to Item SE Petition
PUDZ-2003-AR-4988) (Nick Casalanguida, Transportation Planning Department)
F. Recommendation to award contract #07-4082, Golden Gate Library Expansion to DeAngelis
Diamond Construction for the construction of the Golden Gate Library, project 54261, in the
amount of $4,879,000 and approve the necessary budget amendments.
G. Report to the Board of County Commissioners providing the findings of the survey of
businesses bounded by Pine Ridge Road, Airport-Pulling Road, Taylor Road and Trade
Center Way; designated Urban-Industrial District on the Future Land Use Map of the Growth
Management Plan; and, zoned Industrial. (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services)
H. To provide information to the Board of County Commissioners outlining the extent of
changes, time schedules, issues and ramifications that can be associated with applying
concurrency at the time of rezoning in order for the BCC to discuss and provide staff the
appropriate direction. (Joseph K. Schmitt, Administrator, Community Development)
I. Recommendation that the Board of County Commissioners provide direction to the County
Manager or his assigned designee to change population methodology as requested by staff
and suggested by the Florida Department of Community Affairs (DCA). (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
J. Presentation of Community Development and Environmental Services Division (CDES)
reorganization as directed by the Board of County Commissioners based on goal to provide
more focus on the core mission functions of the organization. (Kim Grant, Senior Operations
and Management Consultant)
K. Recommendation to approve Contract Amendment No.1, Exhibit E, for a Guaranteed
Maximum Price (GMP) of $6,740,820 under Contract No. 04-3609, Construction Manager at
Risk Services for the Collier County Emergency Operations Center, with Kraft Construction
Company, Inc. for the site work portion of the construction of the Emergency Services
Complex and South Regional Library, project numbers 54003 and 52160. (Len Price,
Administrator, Administrative Services)H
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L. Recommendation that the Board of County Commissioners authorize the County Manager or
his designee to expend a maximum of $1,285,000 within the Community Development and
Environmental Services Division to address critical building renovation needs, not to include
any lobby expansion at this time, and to give approval for any subsequent Budget
Amendments required to fund such renovations. (Joseph K. Schmitt, Administrator,
Community Development)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 1 :00 p.m. Recommendation for the Board to make a written
settlement offer as provided by Section 70.001 (4)(b) of the Bert J. Harris, Jr., Private Property
Rights Protection Act to settle Case No. 05-962-CA currently pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida and also to resolve all claims
including, without limitation, claims under the Bert J. Harris, Jr., Private Property Rights
Protection Act that relate or refer in any way to the May 10, 2005 PUD Amendment denial
relative to what is sometimes referred to as the Cocohatchee Bay Project (Planned United
Development Ordinance No. 2000-88).
B. Recommendation that the Board of County Commissioners discuss and give direction to the
Office of the County Attorney concerning an ordinance amendment to provide for super-
majority voting for purposes of approving certain types of settlements of land use disputes
and land use litigation.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve the Release and Satisfaction of a Code Enforcement Lien
against Larry & Correna McVey for payment received.
2. Recommendation to name certain acquired Conservation Collier Preserves.
3. Recommendation to approve a modified resolution opposing the de-designation of the Big
Cypress Area of Critical State Concern (ACSC) and direct the County Manager or his
assigned designee to provide the resolution to the Office of the Governor, the Florida
Administration Commission and the Florida Department of Community Affairs.
4. Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP)
for fiscal years 20042005, 2005-2006 and 2006-2007, to implement required technical
revisions received from the Florida Housing Finance Corporation.
5. Recommendation to approve final acceptance of the water utility facility for Ascot at Lely
Resort.
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6. Recommendation to approve the Release and Satisfaction of Code Enforcement Liens
against Lonnie A. Grey and Claude E. LaRue for payments received.
7. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Independence Phase Two-A, approval of the standard
form Construction and Maintenance Agreement and approval of the amount of the
performance security.
8. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Vercelli, approval of the standard form Construction
and Maintenance Agreement and approval of the amount ofthe performance security.
9. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Piacere - Pavia, approval of the standard form
Construction and Maintenance Agreement and approval of the amount of the performance
security.
10. Request for authorization of the use of a temporary sales center for Pulte Home sales in the
town of Ave Maria at an existing Pulte Homes sales facility located within the Orange
Blossom Ranch PUD.
B. TRANSPORTATION SERVICES
1. Approve the purchase of 5.15 acres of improved property of which a portion is required for
road right of way for the Vanderbilt Beach Road extension project. Project No. 60168 (fiscal
impact: $851,730.00)
2. Recommendation to approve the Amended and Restated Agreement for Haldeman Creek
Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company.
3. Recommendation that the Board authorize the County Manager, or his designee, to execute a
revised License Agreement between Collier County and individuals or businesses licensed to
practice surveying and mapping in the State of Florida to allow access to the Countys Global
Positioning System (GPS) Network for the purpose of surveying and mapping allowing for a
two year (2) contract period and a twenty dollar ($20.00) per month rover access fee.
4. Recommendation to approve a Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the Florida Department
of Transportation in which Collier County would be reimbursed up to $405,000 for paved
shoulders on Immokalee Road (CR 846) from north of Platt Road to east of Corkscrew
Lane/Sanctuary Road. (Project # 60016)
C. PUBLIC UTILITIES
1. Recommendation to approve contract 06.3991 with Perkin Elmer in the amount of $210,000
for Specifications for a Laboratory Information Management System and approve the
necessary Budget Amendment.
2. Recommendation to approve Change Order Number One to Work Order UC-189 in the
amount of $18,767.68 and Change Order Number One to Work Order UC.233 in the amount of
$9,924.46 with D.N. Higgins Corporation for the repair of one potable and one irrigation
quality water main failure in the Collier County Water-Sewer District.
3. Approval of an agreement with the Florida Department of Environmental Protection to
conduct ambient air quality monitoring within Collier County.
4. Approval of an inter-local agreement with the Collier County School Board to retain ozone
and PM2.5 monitoring equipment at Laurel Oak Elementary School to conduct ambient air
quality monitoring for the urban area of the County.
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5. Recommendation to convey a Utility Easement to the Water-Sewer District for five public
water supply well sites, associated pipelines, and access on the Collier County Fairgrounds
property at an estimated cost not to exceed $61.00, for the North East Regional Water
Treatment Plant Wellfield, Project Number 70899.
6. Approval of agreement with the South Florida Water Management District to monitor ground
water in Collier County in the amount of $337,601 and the associated budget amendment.
7. Recommendation to approve the Selection Committees recommendation for Project
Management Oversight Services and approve time and material Work Order No. URS-FT-
3657-07-03 with URS Inc. in the amount not to exceed $405,660 for Solid Waste Capital
Projects.
8. Approval to transfer funds and the associated budget amendments for Agreement ML070554
and ML040284 with the South Florida Water Management District (SFWMD) from
Miscellaneous Grant Fund (116) to Water Pollution Control Fund (114).
D. PUBLIC SERVICES
1. Recommendation to authorize a budget amendment to place $31,500 awarded by the Bill and
Melinda Gates Foundation Public Access Hardware Upgrade Grant in Fund 129 so that funds
can be expended by December 31,2006.
2. Recommendation to authorize the Chairman to sign the agreement between Collier County
Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc.,
approve the Older Americans Act continuation grant in the amount of $858,413, and approve
budget amendments in the amount of $443,904.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve the donation of surplus items to the Sheriffs Ranches
Enterprises.
2. Recommendation to revise award of Bid 06-4048, Quick Copy Services from Cecils Copy
Express and Ray Lepar Printing to Cecils Copy Express and Pro Print of Naples, Inc. for
Section II (letter size, collated multiple originals) of the contract.
3. Recommendation to reject all responses received under Bid 06-4052, Marco Island Library
Rose Hall Addition, Project 54004.
4. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
5. Recommendation to award Bid 07-4078 "On Call Mechanical Contractor Services" to United
Mechanical, Inc. as primary, Cortez Commercial Systems as secondary and CNS Industries
as the third option for Mechanical Engineering and Contractor Services.
6. Recommendation to award Work Order No. PBS-FT-3971-07-02 under Contract No. 06-3971,
Annual Contract for General Contractors Services, to Wall Systems, Inc. of Southwest
Florida, d/b/a/Professional Building Systems (PBS) for renovations to the third floor of
Building H for the Collier County Health Department, in the amount of One hundred eighty
nine thousand, nine hundred ($189,900.00) dollars.
F. COUNTY MANAGER
1. Recommend Approval of Bid #06-4003R Artificial Reef Mitigation Project to Center
Contracting Corporation for total base bid amount of $998,898.00 (Project No. 905271).
2. Recommendation to approve a Certificate of Public Convenience and Necessity for the
Collier County Emergency Medical Services Department at a renewal rate for FY 07 of
$250.00.
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3. Recommendation to approve a Florida Emergency Medical Services County Grant
Application, Grant Distribution Form and Resolution for Training and Medical/Rescue
Equipment and Supplies in the amount of $163,419.00 and to approve a Budget Amendment
to appropriate additional grant funds in the amount of $63,419.00 which is the difference
between the $100,000 budgeted for FY 07 and the $163,419 deemed by the State of Florida as
the grant award.
4. Recommendation to approve spending up to $30,000 for appraisals and pre-contract
expenses associated with the potential purchase of the Holland Salley Warehouse located at
2231 Linwood Avenue.
5. Approve budget amendments.
6. Recommendation to Approve a Budget Amendment Appropriating Additional Revenue in the
Freedom Memorial Trust Fund.
G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
1. To approve and execute a Site Improvement Grant Agreement(s) between the Collier County
Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment Area.
2. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a forty (40) year Sub-Lease Agreement between the Collier
County Airport Authority and C-Tech Manufacturing Florida, LLC at an initial rent of Sixty
Five Thousand Three Hundred Forty Dollars ($65,340) per year for construction of a minimum
196,000 square foot manufacturing facility on fifteen (15) acres at the Immokalee Regional
Airport! Tradeport.
3. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the
Collier County Airport Authority and Robert Forbis, Inc. d/b/a Premier Electric at an initial
rent of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60)
per year for the construction of a minimum 35,000 square foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at the Immokalee
Regional Airport! Tradeport.
4. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the
Collier County Airport Authority and Salazar Machine & Steel, Inc. at an initial rent of Two
Thousand Dollars ($2,000) per year for the construction of a minimum 20,000 square foot
manufacturing facility on one and one-half (1.5) acres at the Immokalee Regional
Airport!Tradeport.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala request Board approval for reimbursement for attending a meeting
serving a valid pubic purpose. Attended the Marco Island Kiwanis Club Annual Meeting on
Saturday, November 11th at the Marco Island Yacht Club; $50.00 to be paid from
Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation to create a Magistrate and Case Manager position for the Courts. (FY07
costs of $150,000)
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2. Recommendation to increase the hours for the Citizen's Foster Care Review Panel (CFCRP)
Director (FY07 costs of $21 ,132).
3. Recommendation to approve Change Order #1 to add $404,405 to Contract #03-3497,
Auditing Services for Collier County, with KPMG LLP, in order to reflect total services
contracted through November 28, 2006.
4. Recommendation that the Board of County Commissioners accept the report of Interest for
the fiscal year ending September 30,2006 pursuant to Florida Statute 218.78. Interest paid for
the fiscal year included two payments: one in the amount of $32,031.08 to Douglas Higgins,
Inc., Project Number 73086 and one to AMJ Equipment Corporation in the amount of $267.91
for a total of $32,298.99.
K. COUNTY ATTORNEY
1. Recommendation to Approve an Agreed Order for Payment of Expert Fees and Costs in
Connection with Parcels 110 and 710 in the Lawsuit Styled Collier County v. Salvadore
Villanueva, Jr., et aI., Case No. 05-1000-CA (CR 951, Project No. 65061) Fiscal Impact:
$8,539.00.
2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs in
Connection with Parcel 119 in the Lawsuit Styled Collier County v. Perry W. Ross,
Individually and as Trustee, et aI., Case No. 04-4174-CA (Rattlesnake-Hammock Road, Project
No. 60169) Fiscal Impact: $13,950.00.
3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-
1033-CA (CR 951, Project No. 65061) Fiscal Impact: $26,368.00.
4. Recommendation to approve a Stipulated Final Judgment for Parcel 122 in the lawsuit styled
Collier County v. Village Walk HOA of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt
Beach Road Project No. 63051). (Fiscal Impact $6,857.00)
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. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, as
amended, the Public Vehicle for Hire Ordinance, deregulating charter service rates;
Authorizing discretionary increase to the taxi base rate by 25 cents per trip; Prohibiting rate
discounts for taxi trips that begin and end in Collier County except for senior citizen
passengers; Prevent vehicle inspection by an individual who is biased in favor of the vehicle
passing the inspection; Staff must disregard operator's permit suspensions that are not
related to driving a motor vehicle; Expand list of disqualifying criminal convictions and
status as a criminal; Increase minimum insurance requirements by $25,000 for bodily injury
to one individual; Authorize appeal to PVAC if staff denies an application for a driver's 10;
Increase some fines; Provide for inclusion into the Code of Laws and Ordinances; Provide
for conflict and severability; Provide the effective date.
Page 10 of 11
B. This meeting has been continued to the December 12, 2006 BCC meeting and is further
continued to the January 9, 2007 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.
C. This item has been continued to the December 12, 2006 BCC meeting and is further
continued to the January 9,2007 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
December 12. 2006
Continue Item 5C to the February 13. 2007 BCC meetina: Recommendation to hear a presentation
from the U.S. Fish and Wildlife Service regarding the use of Panther Consultation Area in
reviewing land development activities in Collier County. (Petitioner's request.)
Continue Item 8B to the February 13. 2007 BCC meetina (rather than continued indefinitelv as
stated in aaenda index title): This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: Petition: PUDZ-A-2005-AR-8438:
Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy, Passidomo, Wilson &
Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3))
zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the
Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add
the subject 20.52 acres and its additional residential units thereby allowing a maximum of 584
residential units on 341.1 acres. The subject property is generally located on the west side of
Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail
East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County,
Florida. (Petitioner's request.)
Item 10C continued indefinitelv: This item was continued from the November 28, 2006 BCC
meeting. 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. (EDC's request.)
Add On Item 10M: Recommendation to approve an Agreement between Creative Differences
Productions, Ltd. (the "Producer"), Discovery Communications, Inc. (the "Company") and the
Board of County Commissioners of Collier County, Florida to authorize entry upon the premises
of the District Twenty Medical Examiner for Collier County to film and photograph for the purpose
of creating a documentary for distribution on the Discovery Channel and other media. (Staff's
request.)
Move 16A2 to 10P: Recommendation to name certain acquired Conservation Collier Preserves.
(Commissioner Coletta's request.)
Move 16A1 0 to 10N: Request for authorization of the use of a temporary sales center for Pulte
Home Sales in the town of Ave Maria at an existing Pulte Homes Sales facility located within the
Orange Blossom Ranch PUD. (Commissioner Halas' and Commissioner Coyle's request.)
Add On Item 100: Recommendation to authorize the County Attorney's Office to prepare and
advertise an Ordinance Amendment increasing the maximum additional Homestead Exemption
for low-income seniors from $25,000 to $50,000. (Staff's request.)
Item 16C5 continued to the January 9.2007 BCC meetina: Recommendation to convey a utility
easement to the Water-Sewer District for five public water supply well sites, associated pipelines,
and access on the Collier County Fairgrounds property at an estimated cost not to exceed $61.00,
for the North East Regional Water Treatment Plant Wellfield, Project Number 70899. (Staff's and
Commissioner Coletta's request.)
Continue Item 16C6 to the January 92007 BCC meetina: Approval of agreement with the South
Florida Water Management District to monitor ground water in Collier County in the amount of
$337,601 and the associated budget amendment. (Staff's request.)
Continue Item 16C8 to the January 9. 2007 BCC meetina: Approval to transfer funds and the
associated budget amendments for Agreement ML070554 and ML040284 with the South Florida
Water Management District (SFWMD) from Miscellaneous Grant Fund (116) to Water Pollution
Control Fund (114). (Staff's request.)
Item 16G2: In the title at the top of each page of the sub-lease agreement, Page 1 through Page
27, the date should read "December 2006" rather than "October 2006". (Staff's request.)
Withdraw Item 16G3: Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement
between the Collier County Airport Authority and Robert Forbis, Inc. d/b/a/ Premier Electric at an
initial rent of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60)
per year for the construction of a minimum 35,000 square foot assembly, packaging, warehousing
and distribution facility on eleven and one tenth (11.1) acres at the Immokalee Regional
AirportlTradeport. (Petitioner's request.)
Item 16G4: In the title at the top of each page of the sub-lease agreement, Page 1 through Page
27, the date should read "December 2006" rather than "October 2006". (Staff's request.)
Item 17B: The title on the index should read: "This item" (rather than "This meeting") has been
continued to the December 12, 2006 . . . . .. (Staff's request.)
Time Certain Items for December 12. 2006 BCC meetina
Item 10B to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners
accept the Annual Report on the activities related to the Job Creation Investment Program, the
Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Program,
and the Fee Payment Assistance Program.
Item 12A to be heard at 1 :00 p.m. Recommendation for the Board to make a written settlement
offer as provided by Section 70.001 (4)(b) of the Bert J. Harris, Jr., Private Property Rights
Protection Act to settle Case No. 05-962-CA currently pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida and also to resolve all claims
including, without limitation, claims under the Bert J. Harris, Jr., Private Property Rights
Protection Act that relate or refer in any way to the May 10, 2005 PUD Amendment denial relative
to what is sometimes referred to as the Cocohatchee Bay Project (Planned United Development
Ordinance No. 2000-88).
PROCLAMATION
Agenda Item No. 4A
December 12, 2006
Page 1 of 2
,-
WHEREAS, Max Mayfield, the director of NOAA's Tropical Prediction Center
- National Hurricane Center, which saves lives, mitigates
property loss and improves economic efficiency by issuing the
best watches, warnings, forecasts and analyses of hazardous
tropical weather, and by increasing understanding of these
hazards: and,
WHEREAS, Mr. Mayfield has played a key role in forecast and service
improvement over his 34-year career: and,
WHEREAS, Mr. Mayfield's contributions to improving accuracy of hurricane
forecasting has saved countless lives and property: and,
WHEREAS, Mr. Mayfield has been a calm and reassuring presence on
television and helping millions of Americans prepare for
potentially deadly hurricanes: and,
WHEREAS, Collier County Emergency Management works in partnership with
Mr. Mayfield and The National Hurricane Center for hurricane
preparation predictions and life safety: and,
-
WHEREAS, it is critical that the general public be made aware of,
understand, and support the life safety efforts of The National
Hurricane Center and local Emergency Management: and,
WHEREAS, Mr. Mayfield is retiring in January after 34 years of dedicated
and unselfish public service: and,
WHEREAS, recognition is due to Mr. Mayfield and all personnel at The
National Hurricane Center and National Weather Service serving
in a variety of roles for their unselfish dedication to Florida's
residents and visitors.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that December 12, 2006, be
designated as
MAX MA YFIELD DA Y
DONE AND ORDERED THIS 12th Day of December, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 4A
December 12, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation recognizing Max Mayfield and all personnel at The National Hurricane Center
and National Weather Service serving In a variety of roles for their unselfish dedication to
Floridas residents and visitors To be accepted by Mr Max Mayfield.
12112/20069.00.00 AM
Date
Prepared By
Lisa Resnick
Board of County
Commissioners
Executive Aide to the Bee
BCC Office
11/30/20068:34:21 AM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
11/30/20064:22 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11/30/20066:49 PM
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Agenda Item No. 5A
December 12, 2006
Page 26 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
5A
Meeting Date:
Presentation by Dewberr; and Davis and Collier County Emergency Management on the
fmdmgs of the abbreviated hurricane evacuation re-study
12/12/2006 90000 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
11/28/2006 2:34 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1215/2006 12:56 PM
Agenda Item No. 56
December 12, 2006
Page 1 of 3
CONTRACTOR PRESENTATION FORM
Board Presentation Date: 12/12/2006
Contract Number. Project Title. Project Number: 04-3653, Golden Gate Parkway
Grade Separated Overpass, # 60006
Firm Name: MCM Engineering & General Contractors
Proiect Mana2er: James Zuver
Project Description: Widen the existing four-lane arterial to six lanes from Bear's Paw
to Livingston Road. The project includes construction of a grade separated overpass,
relocating a water main and box culvert, landscaping, and sidewalk and bike paths along
the Parkway.
Ori2inal Start Date: 9/7/2004
Notice to Proceed Issuance Date:
9/7/2004
Ori2inal Completion Date: 9/24/2006
Ori2inal Bud2et:$35,397,685.35
Revised Bud2et: $37,951,482.80
-
Revised Completion Date: 6/3/2007
Reason(s) for Variance: Project was Reason(s) for Variance: Increased costs for
delayed due to: 1.) Unsuitable soil under construction, landscaping, de-mucking and
the roadway and canal, 2.) Hurricane misc. unsuitable subsoil conditions requiring
and weather days and 3.) A change to de-mucking under existing roadway, and S-
the "S- Wall" design. Starting in March W all design change due to the breaching of
of 2005, four Change Orders added 52 the bed rock during the original canal
days for weather delays. We had 13 construction prior to this project.
days added for removal of unsuitable
subsoil (muck under existing roadway),
which revised completion date to
November 30, 2006. Change Order
number 13, dated September 2006
added 177 days for the S- W all design
change and procurement of materials for
it. The completion date is revised to
June of 2007.
Actions Planned/Taken to Minimize Actions Planned/Taken to Minimize
Variance: Variance:
.-'
Agenda Item No. 58
December 12, 2006
Page 2 of 3
,-
Current Proiect Status: Working on Eastbound Roadway from Bears Paw to
Airport-Pulling. Placing embankment and working on MSE Walls west of the
bridge. Constructing Light Pilasters east of the bridge. Continuing work on the
bridge super-structure.
,"'-"
,..--
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 56
December 12, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
58
Presentation by MCM, Inc. on the status of the Airport Road Overpass and six~laning of
Golden Gate Parkway project.
12/12/2006 9:0000 AM
Administrative Assistant
Date
Prepared By
Sandi Brunker
Transportation Services
Transportation Engineering and
Construction
11129/20068:15:03 AM
Steve Carnell
Purchasing/General SVC& Director
Date
Approved By
Administrative Services
Purchasing
11/29120069:54 AM
Najeh Ahmad
Oi rector
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
111291200610:32 AM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
11/29/20063:51 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
11/29/20065:48 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
11f30/2006 8:25 AM
Lisa Tay~or
ManagementfBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
11/301200611 :06 AM
Pat Lehnl1ard
E~ecutive Secretary
Dale
Approved By
Trans-portation Services
Transportation Services. Admin
11130/200f, 1:18 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager'5 Office
Office of Management & Budget
11/30/20062.20 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Offfce of Management & Budget
12/1/20063:41 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
12J412006 8:40 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
12/4/20069:22 AM
Agenda Item No. 5C
December 12, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding
the use of the Panther Consultation Area in reviewing land development activities in
Collier County
OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) hear a
presentation from the U. S. Fish and Wildlife Service (USFWS) regarding the use of the Panther
Consultation Area in reviewing land development activities in Collier County.
CONSIDERATION: On October 19,2006, USFWS staff briefed the BCC on how the USFWS
addresses Florida panther impacts from development activities in southwest Florida. At that
meeting, USFWS staff indicated that they would evaluate possible changes to the boundary of
the Panther Consultation Area (Figure 1). This area is used by the USFWS to identify the area in
Collier County where land development projects are to be reviewed by the USFWS for possible
Florida panther impacts.
FISCAL IMP ACT: There is no fiscal impact to this particular agenda item. Any reduction in
the boundary of the Panther Consultation Area would likely reduce the time and cost of
acquiring federal pennits.
,-
GROWTH MANAGEMENT IMP ACT: The County utilizes letters of technical assistance
from Federal and State agencies regarding impacts to listed species as required by Conservation
and Coastal Management Element Policy 7.1.2.(3). Changes to federal permitting for the Florida
panther would be reflected in how the County reviews land development projects that may affect
the Florida panther.
LEGAL CONSIDERATIONS: There are no legal considerations to the BCC hearing this
presentation.
RECOMMENDATION: That the Board of County Commissioners hear the USFWS
presentation regarding the Panther Consultation Area in Collier County.
PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director
,-
Agenda Item No. 5C
December 12, 2006
Page 2 of 3
Figure 1. USFWS Panther Consultation Area in Collier County
Collier County Panther Areas
Legend
USFWS Panther
Areas
_ Primary Habitat
.. Secondary Habitat
Consultation Area
I
o
2.5
I
5
,
I ,,_'1......'
10 Miles .. ,. .
c~fi?i:~.S~~n ty
2
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 5C
December 12, 2006
Page 3 of 3
5C
This Item to be heard at 11 :00 a.m Recommendation to hear a presentZl~lOn from the U. S
Fish and \l\/ildhfe Service regarding lhe use of the Panther Consultation .A.rea In reviewing
land developmen~ activities In Collier County
12/12120069-00:00 AM
Date
Prepared By
William D. Lorenz, Jr" P.E.
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
11/18/200611 :24:29 AM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/21/20069:21 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11121120069:47 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
11/27120068:32 PM
Date
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Office of Manztgement & Budget
11/29120061:01 PM
Date
Approved By
Mark IsacKson
County Manager's Office
BUdget Analyst
Office o~ Marw90mwnt &. Budpet
11/29/20062:24 PM
Datf'
Approved By
James \' Ml,dd
Bo<:rd o~ Cot..:nt\
Commissi':'>ncrs
C-ount)r rilanJ9'2r
County ManzogH's Off!cp.
11/30/20064:26 PM
Agenda Item No. 6A
December 12, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
December 4, 2006
Ms. Alana Giannone
2102 Alamanda Drive #203
Naples. FL 34102
Re: Public Petition Request to Discuss Collier County BeIng Added to The Kyoto
Protocol
Dear Ms. Giannone:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of December 12, 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,
~-y~4
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
,.-..
Reauest to Speak under Public Petition
Agenda Item No. 6A
December 12, 2006
RECEIVED COO Page 2 of 2
NTY MAHA(;ER OFFICE
Please print
. N:JV 3 D _
Name:
A \ 0... \'0.... b\('.J.. V\.1f\0" 'l.
ACTION
()...nd. O.t.....<:{Tnik>~
f'ILE
Address:
6h~ A\.c~""CQ \:X,..:&€.. -# ;;l03
Nn~~I)=\ ~41@
Phone: ~.3q - g <01 - D~g
Date of the Board Meetina YOU wish to speak:
\Y-.r~V'A. \IY) k \ 2 . ~
I
Please explain in detail the reason YOU are reauestina to speak (attach additional
page if necessary):
~~~, ~\:D~~~C~~ ~~o ~\~~~~{lfL C~.rry
., ~e~ ~ry
\ '(\ (\'<"de(" ~)'( t'~(J.\ 1~) 'fV\C\ ~L Q. (DrY\m'\~X\\-
WdtAC7Q ~(\'pJ ~ \ t 1\.'C\'C\.\~,
Please explain in detail the action YOU are askina the Commission to take (attach
additional paqe if necessary):
\~~ Cl{h()(\""l ~\ \", ('''H~<:(lY\1 ~')'( ~ C.()m~I~\()-n
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\D ~\<Q '\{'\ ~:ci ~Q... ~~--e "-'C}..''"I S-.\e~"''', ~ ~~\ HQ
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F:\DATA\PETITION POLICY FOR PUBLIC PETIT10N\Public Petition Request Form.doc
EXECUTIVE SUMMARY
Agenda Item No. 8A
December 12, 2006
Page 1 of 24
Recommendation that the Board of County Commissioners review and approve an
Ordinance Creating the Naples Park Lake and Cul-De-Sac 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
Naples Park Lake and Cul-De-Sac Municipal Service Taxing Unit (hereafter, the "MSTU").
CONSIDERATIONS: On November 13,2006 a total of 16 signed petitions were delivered to
Staff for the formation of the Naples Park Lake MSTU. Out of the 29 current property owners
only 13 had not provided a signed petition. Signatures of signed petitions were confirmed by
County Attorney for determination of sufficiency. The signed petitions represent 50% plus one
of current property owners around the Naples Park Lake. The purpose for the petition is to
provide for ongoing maintenance of the Naples Park Lake MSTU as defined in the Ordinance.
Under the Municipal Services Benefit Unit (MSBU) Project the Board of County Commissioners
authorized the project for initial restoration of the Naples Park Lake (BCC 7/26/2005, Agenda
Item 8F; BCC 10/25/2005, Agenda Item lOB; BCC 5/23/2006, Agenda Item 16B2). In order to
....~ permanently improve and maintain the condition of the Naples Park Lake and Cul-De-Sac 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 IMP ACT: 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 Naples Park Lake and Cul-De-Sac 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 $5,995,074 the extension of
taxes based upon 3 mils would raise approximately $17,985.
RECOMMENDATION: That the Board of County Commissioners approve the attached
ordinance creating the Naples Park Lake and Cul-De-Sac Municipal Service Taxing Unit.
Further, that the Board authorize the Chairn1an 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
-"-,.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8A
December 12, 2006
Page 2 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
Recommendation that the Board of County Commissioners revIew and approve an
Ordinance Creating the Naples Park Lake and Cul-De-Sac 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 cOlleclion 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 COele of Laws and Ordinances; and providing for an effective
date.
12/12/2006900:00 AM
Project Manager
Date
Prepared By
Darryl Richard
Transportation Services
Alternative Transportation Modes
11127/20063:59:10 PM
Darryl Richard
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
11/27120063:59 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
11128/200611:19 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services. Admin
11/28120064:40 PM
Lisa Hendrickson
Senior Planner
Date
Approved By
Transportation Services
Alternative Transportation Modes
11128120064:42 PM
Eugene Calvert
Date
Approved By
Tran&portations Services.
Principal Project Manager
Transportation Engineering and
Construction Management
11129120066:26AM
Diane R Flagg
Director A TM Director
Date
Approved By
Transportation Services
Alternative Transportation Modes
111301200612:20 PM
Scott R. Teach
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
11130/20063:38 PM
Pat Lehnhard
Ell.ecutivc Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
11130120063:48 PM
Approved By
OMS Coordinator
County Manager's OtriC€!
Administrative ASSistant
Date
Office of Management & Bud~Jet
1211/200612:50 PM
Mark Isackson
Budget Analyst
Date
Approved By
COlJnty Manager's Office
Office of Management & Budget
12/1/20065:31 PM
Michael Smykowski
Ulanagement & Budget Director
Date
Ap P roved By
County Manager's Office
Office of Management & Budget
12/412006 9: 13 AM
Approved By
James V. Mudd
BOllrd of County
CommIssIOners
County Manager
Date
County Manager's Office
1214l200G 7~46 PM
Agenda Item No. 8A
December 12, 2006
Page 3 of 24
ORDINANCE NO. 2006-
AN ORDINANCE CREATING THE NAPLES PARK LAKE A.1'I/D CUL-DE-SAC
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, Naples Park Lake is a lake situated between 107th Avenue North and 108th
Avenue North located within the unincorporated area of Collier County; and
WHEREAS, on or about July 26, 2005 the Board of County Commissioners adopted
Resolution 2005-280, which created the Naples Park Lake Special Assessment District (the
"District"), specifying the lots and parcels specially benefited by a project to restore the Nap]es
Park Lake (the "Project"); and
WHEREAS, the Project to restore the lake is scheduled to conclude on or about July
2007 at which time it will be necessary to formally conclude further operation of that special
District and to have a permanent maintenance funding structure in place so that the lake does not
revert back to its prior insalubrious state; and
WHEREAS, a majority of the property owners within the proposed taxing district have
petitioned the Board of County Commissioners for the creation of a Naples Park Lake and Cul-
de-sac Municipal Service Taxing Lnit ("MSTU") to pay for the continued maintenance of the
lake: and
WHEREAS, the Board of County Commissioners has determined that the best method
for levying taxes and funding the continued maintenance of Naples Park Lake is by the creation
of the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit.
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUl\TY, FLORIDA that:
SECTION ONE.
Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO.
Creation of the Municipa] Service Taxing Unit
There is hereby created and established the Naples Park Lake and Cul-de-sac Municipal
Service Taxing Unit Taxing Unit hereinafter refelTed to as the "MSTU." The properties within
the Municipal Service Taxing Unit and its boundaries are as described below:
Page I of4
Agenda Item No. SA
December 12, 2006
Page 4 of 24
LEGAL DESCRIPTION
ALL THAT TRACT OF LAND SITUATE IN SECTION 28, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
LOTS 36 THROUGH 69 INCLUSIVE OF THE REPLAT OF PART OF
BLOCKS 4 & 5, UNIT NO.1, NAPLES PARK ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 6 OF THE PUBLIC
RECORDS, COLLIER COUNTY FLORIDA.
SUBJECT TO ALL EASEMENTS, RESERVATIONS, AND RESTRICTIONS
OF RECORD.
SECTION THREE.
Purpose and Governing Body
The MSTU is created for the purpose of is to maintaining the lake and bringing the lake
up to current County standards as to the care and treatment of that body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the
lake from returning to its fonner unhealthy state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited
to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration,
pumps, fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches,
shoreline treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape
and depths, and the creation of littoral shelves and plantings.
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] 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
Page 2 of4
Agenda Item No. SA
December 12, 2006
Page 5 of 24
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 be:
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 Commissioners 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
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 he made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Jettered to accomplish such, and the word "ordinance" may he changed to "section," "article,"
or any other appropriate word.
SECTIO~ NINE.
Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
Page 3 of 4
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 12th day of December, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
Scott R. Teach,
Assistant County Attorney
Page4of4
Agenda Item No. 8A
December 12, 2006
Page 6 of 24
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Collier County Citizen Petition No. Ou _ 0 \
Agenda Item No. 8A
December 12, 2006
PageS of 24
County Manager's determination of sufficiency on (date).
To the extent that g 1 04.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in g775.082, or g775.083."
(~104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTIJ is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
<-maintemmce of the lake and cul-de-sac shaH be collected through a I11iIla-ge set to prevent meTake"fi'om""
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1 ,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
~e>~':\,\
Printed nam~
to "", N\rtt'\.
Printed name
l.. .~'''I
~. ~~tl
~- \~"LP
Date of birth
~3~
Address
\\),ti- A. J
tV,
5oq~OO-"O<lA;l/ (~~S Z I ~roor \O-\\o-O'f
Pareet.sYJILAP Tax folio # PI*- ~ Date signed
d-a#R~L
1/ /3t>JtJ &
Agenda Item No. 8A
December 12, 2006
Page 9 of 24
Collier County Citizen Petition No.Jlk-- 0 \
County Manager's determination of sufficiency on (date).
To the extent that S I 04. I 85, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in 9775.082, or 9775.083."
(gI04.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through s millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $] ,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized office
SL-tSCLv\ ~~
Printed name sS~;O""tu:_ -fr 0:::::::=
\.11A.~f J3t?C(w~ l~M..4- ~
Printed name Sign ure
~~J__ 1~ IC;YL- ~ v2-, /75:.3
D~ ~f~ ~ Date of birth - d /
ill t /oT hv Cwe. ~..3 'f/(J g--
Address /
r;, d S:l'2 OtJOOO _ SlJCfr~~JJ3IP.f {9zM-e~ /7 MDh
ParcellD Tax folio # Date signed I)
~1ffZ~
I,IB;)>>6
Agenda Item No. 8A
December 12, 2006
Page 10 of 24
Collier County Citizen Petition No. 6 (~ - 0 I
Cowaty Muagert. determination or lUflidency on (date).
To the extent that ~104.185. Florida Statutes. applies to this petition. "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. AJJ.y person violating the
provisions of this section shall. upon conviction. be guilty or a misdemeanor of the first degree, punishable
as provided in f77S.082. or ~775.083."
(~I04.18S, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the Jake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e.. signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Stonn water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths. and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to detennine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount ofSl,980.00, for the aforesaid on-going lake maintenance and weed control for one
(I) full year until the MSTU can be assessed. upon County approval
Name(s) of individual owner(s) or authorized office of corporatio
t1tt~'M,liA /A-UA-
, . ted e Si~
Printed name
Si~ture
11- ~ .
Da1e~' Q
~ /03- f1Qe ~ JaRTl.
5CRfr>a Llb31t;J.S rp;;S ~ / t{ J'O lo..r
~p
Date of birth
Tax folio #
JD-I.~-ob
D8tesigned
~7Tf2J~
11 ~-t>)66
Agenda Item No. SA
December 12, 2006
Page 11 of 24
Collier County Citizen Petition NO.~- 0 {
County Manager's determination ofsuft'teieney on (date).
To the extent that ~ I 04. I 85, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~775.082, or ~775.083."
(~I04.l8S, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Parlc Lake and Cul-de-sac Municipal Service Taxing Unit (MSnJ).
It is understood that the purpose of this Naples Parlc Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including slUTOunding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1,980.00, for the aforesaid on-going lake maintenance and weed control for one
(I) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
fY7 ?/(f'/ ~ac.l'5t)~
Printed name
frJ 4 f< ? ~ Jt\.-c.t( O,.J
Printed naine
fV)?; ~ fa. ('~tc(J~
Signature
d" oJ
n <<f(;1 JQ c kr; b--J
Signature
~.J. 7 - ~ if
Date of birth
1 Ogri1 ~I/rt N
1-,/ 0-7 0
Date of birth
~'I(,
Address J I/;;_ . ",d.
~q ~oD4 33 A;2.g l,').) a/"TUUCJ)'/I_II_ 0 h
Tax folio # Date signed
ParcellD
~1t- R)~t-
,/ }'3f>Jt> &
Agenda Item No. 8A
December 12, 2006
Page 12 of 24
CoUier County Citizen Petition No. n ft, - 0 l
County Manager's determination of somc:iency on (date).
To the extent that ~104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue men than one time. Any person violating the
provisions of this section s~ upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~77S.082, or ~775.083."
(~104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Parle Lake and Cul-de-sac Municipal Service Taxing Unit (MS1lJ).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Parle Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including sUlTOUDding embankments, and cul-de-sac.
2. Aesthetics of the Jake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps.
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, sboreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public bearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount ofSl,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed., upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
\\""'Vh'\-~~~"~\~ '~~~'\ ~~~~
Printed name - Signature '"
Printed name Signature
~~\\~~~r~,
Date of birth Date ofbirtb J
~Ob ~~ CbtL~ (1X)~. / I {;L- ;\n[L.(u....1C)c..J.
Address I.
~;rr; 1-;)..7.. Lfoco \ "G () q~D "<0 \\\ ~ \:;
Parcel ill Tax folio tg~ A 1$ Date signed
~tJ1?J-L
" )'3 .,,1, ~
Agenda Item No. 8A
December 12, 2006
Page 13 of 24
Collier County Citizen Petition NO.~- 0 l
County Manager's determination ofsufficiency on (date).
To the extent that 9104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the ftrst degree, punishable
as provided in 9775.082, or 9775.083."
(9104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality ofthe lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1,980.00, for the aforesaid on-going lake ma' ance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of cotpo
L/orl L. 6'd"'J~
Printed nam
Printed name
Signature
/~ --/6 -fV
Date of birth / Date of birth
If /(0) I fsralF ShfJl'f by. .d~j5, n3'tff/c1f
1', Ittr~T}-.:LJ:_r.2-ot:Jt77 .>07$(10 t/-E73,:J-2.?/ / G
62,,,-/ j >?tJm~ S-07g;~tJ '193-4.2R /0-/3- C
ParcelID ' Tax folio # Date signed
SM*~ ~
/1/?,.jPt
Agenda Item No. SA
December 12, 2006
Page 14 of 24
Collier County Citizen Petition No.---D-l--'1L.
County Manager's determination of sufficiency on (date).
To the extent that ~104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the fIrst degree, punishable
as provided in ~775.082, or 9775.083."
(9104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, Le., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cuI-de-sac, Le., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notifIed of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1,980.00, for the aforesaid on-going lake maintenance and weed control for one
(I) full year until the MSTU can be assessed, upon County approval.
.8Q"6a"..~
Printed name
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
~CA-'~
Signature
/01') Q
-'
Printed name
Signature
f-Z8" -S1
Date t~t ID! 7fVe. N.
~ ~j_~lv6 ~
Address
Date of birth
56 '1too
Parcel ill
/VCr/pies.. PL.
/
;q 3 A'1-f ~')S ~J2 f/b()lJ ~ /1-1-0"
Tax folio # Da e signed
~/fil ~ L
., J 3 I> Jt> l.
Agenda Item No. SA
December 12, 2006
Page 15 of 24
Collier COllDty Citizen Petition No.--.!l.JL - () I. .
ConBty Mauger's determinatioB of 8uflleienty DB (date).
To the extent that ~ 1 04.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than ODe time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~77S.082, or ~775.mW."
(~104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTIJ).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including swrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of$/~or the aforesaid on-going lake maintenance and weed control for 1 full
year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
A~I{j/t ;:/J~f
Printed name
si4
/Y'}) i) P- ~ ;te!:-
I '
Printed name
Signature
/ Z -I 2- - 40
Date of birth
Date of birth
~ /0 8'fh (OJ. rf wp,ff.
Address
Sl) q K"OtJ {. q 3/f).f h~r;2.2-2fc)a?3 II ~ q - () "
Parcel ID Tax folio # Date signed
~1fR 1--L
)( I1D/46
Collier County Citizen Petition No.~--121-.
County Manager'. determination of IUfficlency on (date).
To the extent that ~104.18.5, Florida Statutes., applies to this petition. "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction. be guilty or a misdemeanor of the first degree, punishable
as provided in ~77S.082, or ~77.5.083."
(~I04.18.5, F.S.)
Agenda Item No. 8A
December 12, 2006
Page 16 of 24
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of$I,980.00, for the aforesaid on-going lake maintenance and weed control for one
(I) full year until the MSTU can be assessed, upon County approval.
Name(S)Of~~s)n~_~~.. .
..,-) 0 If"" E/lv/~ ~
Printed name Si.
~\~~S- U\)'\}:J 0f\-~~ ~ .
Priiili:d '0 Signature
lO (//s-9
Date of.tSirth I i:{;
?SY /cJr..-
Address
4t d. S (). J ~t{ t; oft,
Parcel ID A l;~
----
Date of birth
~e::,J' A/##0
IT
SDQYOD '1'/31tJ.! /O;le;- /0 ~
Tax folio # Date sisfted I
,o/!
~7fR~L
J/!31>/66
Agenda Item No. SA
December 12, 2006
Page 17 of 24
Collier County Citizen Petition No. Ole - () ~
County Manager's determination of sufficiency on (date).
To the extent that g 104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the fITst degree, punishable
as provided in g775.082, or g775.083."
(gI04.I85, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
- maintenance of the-lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of$I,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
N.m,(,) of mdivid~ 0:'''(') 0' .uthorizod Offi~:' ot~" ""tity,
{!/lL/,57ItJt::- FA-Lift '} p~~
Printed name Signature
Printed name
Signature
tj --/-__/] 9
Date of birth Date of birth
/OR'c.U. 1J tJ~-~
Lt>T3%
~~;RjJ-I ~ WJtX)d.- I3tJfJ if IS' ,/ ~ - /1/ - ~.c,
ce ill Tax folio # Date signed .
~oqit)O zg3A~f
f~~
Address
~tRJ-t~
1/ )3t>J~J
Collier County CitizeD Petition No..d..c-- D \ .
COUDty Manager'l detenninadon or IUffIdeaey on (date).
To the extent that U04.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particoIar issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be suilty or a misdemeanor of the first degree, pllni$hable
as provided in ~775.082, or ~775.083."
(~104.185, F.S.)
Agenda Item No. 8A
December 12, 2006
Page 18 of 24
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose oftbis Naples Parle Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cuI-dMac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount ofSl,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
L; 11i 0( 1'\ Olt't-te/('
Printed name
~~0~
Signature .
Signature
Printed name
J ~/ J (7 ,I '- (J
Da'te birth
J j 5/ I 0 ~ 117 Av~ fie
Address
Date of birth
'5~ ?oo'fJ.3A:J.K ,~S"al$ fcoodb
Parcel ID Tax folio #
~ t-rdp
1(/ //J'" / 2,.0 rS ~
Date signed
~7fI21.-L
, t)3 t>;" /J
Agenda Item No. 8A
December 12, 2006
Page 19 of 24
Collier County Citizen Petition No.~- b \
County Manager'. determination of suff'lcieDCY on (date).
To the extent that ~104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petitiQll or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~775.082, or ~775.083'"
(~I04.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Boani of County Commissioners to approve and establish
the Naples Park Lake and Cul-<1e-sac Municipal Service Taxing Unit (MS1U).
It is understood that the purpose of this Naples Park Lake and Cul-<1e-sac MSTU is to mllintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its fanner state.
The scope of the Naples Park. Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Stonn water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Tmnsportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of$1,980.oo, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed. upon County approval.
N~S) ofUutividual owner(s) or autho-: ~7~ orh~ntity:
IJfdtJP/ r G/?-TZ ~
name ~gnature
QD-Irt?JJct'I';7~..s- L{C--
Printed name / Signature
0-J-Vr
Date ofbirth
ey /~/~
ddress '
SO rffCO'/I:Y9;Jt"~:l G a/ 320003
Parcel ID Tax folio #
Date of birth
/d - :7-tJ -0 {,
Date signed
~lIt2~"L
1/)3 ()}~6
Agenda Item No. 8A
December 12, 2006
Page 20 of 24
,
Collier CODDty Citizen Petition No. b lo - b \
County Muqer'. determination of IIIfIIdency on (date).
To the extent that ~104.18S, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~775.082, or ~77S.083."
(~104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body ofwater. The on-going
maintenance of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Parle Lake and Cul-de-sac MSTU shall include, but is not limited to:
I. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment. lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1 ,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual owner(s) or authorized officer of corporation or other entity:
J(! 16 UC- Si;}:!~J ('_~U~
Printed name
Printed name
Signature
/-/~ -53
Date of birth
~78 gH1CT€
Address
SlntftJOSl3/1;)..j !t";J S ~ ~t/ 0000
Parcel ill Tax folio #
Date of birth
/ f?1 a,' t,'nf cuI rJy fOAr S 8,v V ~1il CiecfJ, A.op"~
If) - /5"- tJb
Date signed
~7f/? J- L
1/ }S1>)t> I
Agenda Item No. 8A
December 12, 2006
Page 21 of 24
Collier County Citizen Petition NO.---D.1-- D \
County Manager's determination of sufficiency on (date).
To the extent that S 104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in S775.082, or S775.083."
(S104.185, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MS11J).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenanu of the lake and cul-de-sac shall be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality ofthe lake.
5. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation oflittoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by u.s. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
N ame( s) of individual owner( s) or authorized officer of cOIporation or other entity:
Y2<---
Signature
~C-.P~
Signature
I 0 - I 0--1 q 7 Z
Date of birth
lh NteN.T C. ?1EK.te
Printed name
C/t(Wl)( N
c.. (J) t:7t..te
Printed name
OS/2Y--)Q73
Date of birth
~ /J) - I D7 ~~e.-I\J f)ilH
Address )
Coa5~ 17(PDDD3 5[JqgDO-5"1f3429
l:a1[ fsHe #
5~
f.J ft-f lE S Pr-- 3 '-I) r;g
ID -/0-0lt>
~#/2J--l
J( )3 1>/61>
Parcel ill
Date signed
Agenda Item No. 8A
December 12, 2006
Page 22 of 24
Collier County Citizen Petition No.~---D-1-.
County Manager's determination of sufficiency on (date).
To the extent that g104.185, Florida Statutes, applies to this petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the fIrst degree, punishable
as provided in S775.082, or ~775.083:'
(gI04.l85, F.S.)
Petition
To the Board of County Commissioners of Collier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment of the body of water. The on-going
maintenance of the lake .aDd cul-de-sac shaIl be collected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. BeautifIcation of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treatment, lighting, and landscaping.
4. Storm water quality of the lake.
5. Bringing the lake to current COWlty standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to determine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public hearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1 ,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed, upon County approval.
Name(s) of individual o. wner(s) or authorized .Oflke' of "''Po,ation 0' othee en~ _
JiJ{+/Z. c lit;.; C{3iV I ~ t/h-t~;:2, t:U-t 4-
Printed name I- t4- (3I4N (,.4 Signature
Printed name Signature
Glzr-/)o
Date of birth Date of birth
8 )-g lo~ftt A-V~ /V, jUJfp Jt. 5" rL-. ~ 4ro&
Address
"J.)~I ~ bOO B 5'DfI~Ot)'IS3'frg /0(/')/06
::;; ~~p~~ 7"~ale~gned
16 {lfs '1 r t' w -r 'f 'i
.,..
~ * (l J-e-L
~ Il~vJt>~
Agenda Item No. 8A
December 12, 2006
Page 23 of 24
CoUier County Citizen Petition NO.~- 0 \
County Manager's determination of sufficiency on (date).
To the extent that ~104.185, Florida Statutes, applies to 1his petition, "It is unlawful for any person to
knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the
provisions of this section shall, upon conviction, be guilty or a misdemeanor of the first degree, punishable
as provided in ~775.082, or ~77S.083."
(~104.185, F.S.)
Petition
To the Board of County Commissioners ofCollier County, Florida:
The undersigned petitioners hereby request the Board of County Commissioners to approve and establish
the Naples Park Lake and Cul-de-sac Municipal Service Taxing Unit (MSTU).
It is understood that the purpose of this Naples Park Lake and Cul-de-sac MSTU is to maintain the lake and
bring the lake up to current County standards as to care and treatment oftbe body of water. The on-going
maintenance of the lake and cul-de-sac shall be coUected through a millage set to prevent the lake from
returning to its former state.
The scope of the Naples Park Lake and Cul-de-sac MSTU shall include, but is not limited to:
1. Maintenance of the lake, including surrounding embankments, and cul-de-sac.
2. Aesthetics of the lake and cul-de-sac, i.e., dedicated electrical required for aeration, pumps,
fountains and lighting.
3. Beautification of the lake and cul-de-sac, i.e., signage, trash receptacles, benches, shoreline
treabnent, lighting, and landscaping.
4. Stonn water quality of the lake.
S. Bringing the lake to current County standards through dredging, improving the shape and
depths, and the creation of littoral shelves and plantings.
After investigation by the Transportation Division and an advertised notice, a public hearing shall be held
to detennine if the proposed assessment district shall be created. Each affected property owner shall be
notified of the public bearing by U.S. mail.
The undersigned petitioners hereby also request that the Board of County Commissioners provide advance
funding in the amount of $1 ,980.00, for the aforesaid on-going lake maintenance and weed control for one
(1) full year until the MSTU can be assessed. upon County approval.
Name(s) of individual owner(s) or authorized
,/\ ".-r- ~
(j o5.-c2 J . \.1 \ Y'Ile VI e 2:-
Prinftd name
\"\G\..{\a. \; .~~~~
Printed name
0\ o."~'^ ,~J ~ G,
Date of birth (
'7)1?J Jo:rrh AVl rv ,; 'i3U/illi 4Jd,reSS
p~p. Address
S-OQ fDtJ fp )j Al$ <, "S 7..2.. J 1000 () () 1J - 13 -l~ II
Parcel ill Tax folio # Date signed
cer ~fCcr ~.~r entity:
Sjgha~
~~\
Date ofb~
Od- J r-4. C~0~)
i '-I )1' I Je Iu{ tf =-<l~wt c t.
~1-rz~L
// /3 o)~13
r l~~~_.
PAROI!UD
PROPERTY OWNER NAME
NAPLES PARK LAKE - PROPERTY OWNERS
us ZIP
1 62521640000 JCRS LLC
2 625221eoooo JIMENEZ. JOSE Ja& MARIA G
II 82521l18OOO2 BIDElMAN, LUCYlLE
. 6252212ODOll PFISTeR. CASPER Joo& CAROL VN
II 82521720001 HUBER, OECLAN
. II2S2208OOOt GIl..LEY. KAM:N"
7 8252171lOOO3 PIERCE. VINCENT C-& CAROLYN C
. 112521210002 FAl.TA. CHRISTINE
. 112521320003 GAlZPROPERTlES II LLC
10 112521480008 LA BANeA. MARC V JEAN M
SHYMONOWlCZ
11 625211eoClOl PUCCIARl:L.U. ANCELA M
12 lI252228OOO3 MET. ANNA
13 82521li8ClOO8 ~~~'~ ');~;f;(?i!~:i:';;0'ii(,~;
14 e252224ooo1 MATHEWS. MARY
16 62521280004 LONG. BARBARA H
1tS 82521480105 PANTALENIo.. MARY C
17 62622200009 SANZA. STELLA S
18 62521geOOO7 OERY ET UX. NORMAN J
1. 62521920005 HUGHES. KYLE C
20 62521200000 &ARABAN. SUSAN JOYCE
21 6252138000S ORNER. LILUAN
22 62521400004 JACKSON. MICHAEL Fl-& MARIA C
23 62521440006 ERVIN. JOHN PAUL-I. DIANE
(1$) 62521520007IlO'M1lt1.LoLO'(OL. .
24 62521600008 ~UT\;I~R,E6WARb Co
25 62522040007 SASS JR, WIL.LARO ROBERT
2S 62522000005 WHITE JR. GEORGE Fl-& JUDY L.
27 6252180000s PARK. EL.MER D
28 62521s.40004 LOGE.. JON KEITH
28 625.21800002 MOONEY. THOMAS J
MAILING ADOReSS
8025 SAN VISTA CIR # 131., FL
14511 JeKYLL ISLAND CT, FL
. 1a7TH AVE N, F1.
10430 JUNGBLVD E, FL
84101l 5OlllIOO
841111 ~
84108 llOlleOQ
841205Oll8OO
7070 PROSPeCT RD, SARASOTA, FL 34243 5Oll8OO
1121 1a7TH AVE N. FL 84108 aeoo
eel 107TH AVE N, FL 84108 608800
622 10aTH AVE N, FL 84108 I5Oll8OO
164 MYRTLE RD, FL 84108 llOlleOQ
1158 10aTH AIlE N. FL 84108 llOlleOQ
70 OLYMPIA BLVD, STATEN ISLAND. 103Cl5 5Oll8OO
NY
118 BENHAM AIlE, SYRACuse, NY 13218 llOlleOQ
;'it~.: ,:10021 GULF SHORE OR. FL 84108 5OlllIOO
;'''.',',
102 SHARWOOD OR, FL 84110 llOlleOQ
PO BOX 8944, NAPLES, FL 84101 l5ll88OO
188 JOHNNYCAK!: OFt, NAPLES. FL. 84110 6Oll8ClO
802 6TH CT W, NAPLES. FL 84108 508800
80 10TH ST N. NAPLES, FL 84102 llCMI800
1141 1a7TH AVE N, NAPLES. FL 84108 S09800
8 VICTORIA RO UXBRIOOE 5OllllOO
MIDDLESEX, UK. UBe 2,UBe 2TW,
838 101lTH AVE N NAPLES, FL 84108 5Oll800
254 LAGOON AVE. NAPLES. FL 34108 S09800
854 101lTH AVE N. NAPLES. FL 84108 llCMI800
10021 GULF SHORE DR, NAPL.ES. FL 34108 l5ll88OO
PO BOX 7701ll2., VANDeRBILT 34107 609800
BEACH. FL
5771 ENGLISH OAKS LN, NAPLES. FL 341111 S09800
246 CONNERS AIlE. NAPLES. FL 841011 5OlllIOO
845 10nH AVE N. NAPLES. FL 841011 S09800
PO BOX 112, NAPLES. FL 34108 509800
851 107TH AIlE N, NAPLES. FL 84108 S09800
Agenda-Item No:-BA--
December 12, 2006
Page 24 of 24
STRAP
LOT PET1TIQN..
YE8INO
513A28 51
85W8 8S
S23A28 52
84W8 64
533A28 53
833A2e 83
543A2Il tI4
3I3A28 38
413A28 41
453A28 45
383A28 sa
eQ3A2lI
4llSA28 .s.
N().01
NQ.C2
~
tI().O.I
No.oe
67W8 66.67 NOoOI
603A28 60 Ya-12
583A28 58 N0-07
3TllA28 37 va.n
423A28 42 YD-14
43W6 <13 va.1.
443A28 .w YEIo't.
483A2848.48 Vl!S:OS
S03A28 50 NO.oa
6aA28 52 NOoOI
613A28 81 No.l0
573A28 57 No.ll
563A28 56 No.12
553A28 55 No."
Agenda Item No. 88
December 12, 2006
Page 1 of 61
REVISED SECOND
SUPPLEMENT AL
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy,
Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay
(ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar
PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum
of 584 residential units on 341.1 acres. The subject property is generally located on the west side of
Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail
East) intersection in Sections 11, 14 and 23 Township 50 South, Range 25 East, Collier County,
Florida.
PROJECT STATUS:
,-
The Board of County Commissioners (BCe) originally heard this petition on September 12, 2006. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
During the September 12, 2006 hearing, the BCC voted to continue this petition to the October 10, 2006
Board meeting to allow the applicant's agent an opportunity to address the main item of contention-
access to Lakeview Drive. The BCC advised the applicant that a reiteration of the September
presentation would not be acceptable; the BCC is only asking for any position change from the applicant
regarding access to Lakeview Drive.
The petition was continued again at the petitioner's request from the October 10,2006 Board meeting to
the December 12, 2006 Board meeting. According to the petitioner's agent, additional time was required
due to the numerous meetings needed to be held with the petitioner and the Lakeview residents and the
petitioner and the Windstar representatives.
On November 13,2006, the petitioner's agent notified staff that the petitioner wants another continuance
because the representatives from Windstar have requested more time to allow the entire Windstar
community to vote on a proposed resolution of the traffic issue. Due to the seasonal nature of the
community, Windstar representatives were concerned that not enough residents will be available to offer
input or vote until more residents have returned to Windstar. The Windstar representatives have indicated
that they would like to hold a second all-residents meeting in January. Therefore, the petitioner is
requesting a continuance of the BCC hearing from December 12, to February 13,2007.
SUPPLEMENTAL ANALYSIS:
The applicant's agent has not provided staff with additional infonnation or a modified stance regarding
access to Lakeview Drive as of today' s date, thus staff cannot provide any supplemental analysis.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Windstar PUD, PUDZ-A-2005-AR-8438
Bee December 12, 2006
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 88
December 12, 2006
Page 2 of 61
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8B
This Item was continued from the September 12, 2006 BCC meeting and has been
requested by the petilloner to be further continued indefinitely, This item requires that all
participants be sworn In and ex parte disclosure be provided by Commission members.
Petition PUDZ-A-2005-AR -8438 Lakevlew Drive of Neples, LLC, represented by Clay
Brooker of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the
Residential Multiple Famlly-6 (RMF-5 & RMF-5(3)) zoning districts (a portion of which is
subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development
(RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and ItS
additional residential units thereby allowing a maximum of 584 residential units on 341.1
acres. The subject property IS generally located on the west side of Bayshore Drive,
approximately 0.6 miles south of the Bayshore Drive and US 41 (Tamlaml Trail East)
Intersection In Sections, 11, 14 and 23 Township 50 South Range 25 East, Collier County,
Flonda
12/12/20069:00:00 AM
Date
Prepared By
Kay Deselem, AiCP
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
8/17/20057:30:36 PM
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Transportation Planning
11/29/20055:00 PM
Date
Approved By
Constance A, Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
11130/20058:26AM
Date
Approved By
Susan Murray, AICP
Communrty Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Review
11/30/20059:00 AM
Date
Approved By
Ray Bellows
Community Development &.
Environment.)l Services
Cllief Planner
Zoning & Land Development Review
11130;20069:35 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin
11/30/2005 11 :57 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Communit~1 Development &
Environmental Services Adminstrator
Date
Communfty Development &
Emflronmental Services Admin.
11/30/20062:23 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Admimstrattve Assistant
Office of Management & Budget
12/1/20061244 PM
Date
Approved By
Mark Isackson
County Man.ager's Office
Budget Analyst
Office of Mnnagement & Budget
12/1/20062:17 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/4/20068:44 AM
SUPPLEMENT AL
EXECUTIVE SUMMARY
Agenda Item No. 8B
December 12, 2006
Page 3 of 61
PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy,
Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay
(ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar
PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum
of 584 residential units on 341.1 acres. The subject property is generally located on the west side of
Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail
East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County,
Florida.
PROJECT STATUS:
The Board of County Commissioners (BCe) originally heard this petition on September 12, 2006. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
At the September 12,2006 hearing, the BCC voted to continue this petition to allow the applicant's agent
an opportunity to address the main item of contention-access to Lakeview Drive. The BCC advised the
applicant that a reiteration of the September presentation would not be acceptable; the BCC is only asking
for any position change from the applicant regarding access to Lakeview Drive.
SUPPLEMENT AL ANALYSIS:
The applicant's agent has not provided staff with additional information or a modified stance regarding
access to Lakeview Drive as of today's date, thus staff cannot provide any supplemental analysis. The
applicant's agent will be providing infom1ation as part of the oral presentation at the October 10, 2006
BCC meeting.
PREP ARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Windstar PUD, PUDZ-A-2005-AR-8438
BCC October 10, 2006
Page 1 of 1
Agenda Item No. 88
December 12, 2006
Page 4 of 61
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of
Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential
Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a
Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by
amending the approved Windstar PUD to add the subject 20.52 acres and its additional
residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The
subject property is generally located on the west side of Bayshore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in
Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend the
Windstar Planned Unit Development (PUD) that was originally approved in Ordinance Number
81-40, amended in Ordinance Number 2-52, and amended again in Ordinance Number 93-23,
that last of which was adopted on May 11, 1993.
CONSIDERA TIONS:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-acre tract that is
commonly referred to as "the Fisherman's Village or Fisherman's Cove tract" to the maximum
allowable 549 dwelling units of the existing PUD document for a total of 584 dwelling units in
the newly configured 341.21 acre PUD project, for an overall addition of 26 units. As staff
understands the petitioner's proposal, the applicant wishes to construct a maximum of 137 units
on the Fisherman's Village tract by combining undeveloped units in the existing Windstar (438
units have been developed units (549 - 438 = III undeveloped units) with the proposed
additional 26 units (111 undeveloped units + 26 new units = 137 units in Fisherman's Village).
Under the current zoning, the Fisherman's Village current maximum eligible density is 72
dwelling units based upon the maximum that would be allowable in the RMF-6 (3.5 acres) and
RMF-6(3) (17.0 acres) zoning districts. The originally approved density was 1.715 units per
acre; the proposed density would remain the same for the overall PUD. Also proposed are
accessory uses such as parking, clubhouse areas, and wet slips along Haldeman Creek. A new
access point is proposed from Lakeview Drive, as well as internal access from Windstar
Boulevard. The new access point would also be available for use by all other residents of the
Windstar PUD.
This petition's PUD document incorporates a strikethrough and underline format to address only
the specific changes proposed. It has been determined that this type of PUD amendment does
not "open" the entire PUD to additional scrutiny. The Fisherman's Village tract had several
multi-family structures located on the southernmost portion; however those structures have been
removed. The 20.52::l:-acre tract is now undeveloped.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 1 of 8
,A.genda Item No. 8B
December 12, 2006
Page 5 of 61
FISCAL IMPACT:
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD rezone is approved, a portion of the existing land will be developed and the
new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use
District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The Urban Mixed-Use District permits a variety of residential and
non-residential land uses including mixed-use developments such as Planned Unit
Developments. The subject site is also within the Traffic Congestion Area, part of the Density
Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA) - that area
lying within the Category I evacuation zone as defined in the Southwest Florida Regional
Planning Council Hunicane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/ A), whether in or out of the CHHA. But, because the site is located within the Traffic
Congestion Boundary, it is subject to a 1 DU/ A reduction, thereby making the site eligible for an
adjusted base density of 3 DU/A. The subject petition would result in no overall increase in
density in the Windstar RPUD, and it is well within the allowable gross density of 3 DU/A for
the entire PUD. As with all residential rezones, density afforded by the Density Rating System is
the density that a given project is eligible for - it is not an entitlement for the subject petition.
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of
4 DU/A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a
CHHA reduction of 1 DU/A. The result would be the same in this case- 3 DU/A.
Staff therefore believes this project is consistent with GMP FLUE and the GMP FLUM.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 Bee
Page 2 of 8
Agenda Item No. 88
December 12, 2006
Page 6 of 61
Transportation Element: Transportation staff has reviewed this project based on the current
TIS guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan
transportation element. The existing development trips are considered background traffic on the
County roadway network. The original amendment application TIS added 72 dwelling units
(later revised downward) into the Windstar PUD which is consistent with the Transportation
Element of the GMP Section 5.1. The additional units can be accommodated on the adjacent
roadway network in the five-year planning period.
The proposed 13 7 dwelling unit development resulting from the additional units will be taking
primary access and egress off of Lakeview Drive as well as possibly providing additional access
to the existing Windstar development. Transportation staff recommends improvements to
Lakeview Drive consisting of widening and improving Lakeview Drive to a minimum of 22 feet,
adding a pedestrian sidewalk.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed this petition to address any environmental concerns.
In conjunction with the recommendation from the Environmental Advisory Council (EAC) as
noted below, the Environmental Services staff is satisfied that environmental issues have been
adequately addressed.
ENVIRONMENTAL ADVISORY COUNCIL:
The Environmental Advisory Council (EAC) reviewed this petition on May 3, 2006 and
recommended approval by a unanimous vote with the stipulation that all mangroves along
Haldeman Creek must be preserved, with the exception of the impacts caused by the
boardwalks/walkovers necessary for access to docks along the shoreline of Haldeman Creek.
The PUD document has incorporated this requirement.
Additionally, the EAC reviewed an SDP petition for the Fisherman's Village tract on February 1,
2006 and the council unanimously recommended approval subject to conditions of approval
recommended in the EAC staff report (included in the back up material
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petItIon on July 6, 2006.
Commissioner Adelstein made a motion and Commissioner Schiffer seconded the motion to
approve the petition with staffs conditions and later amended the motion to include the
following stipulations added by Commissioners Strain, Adelstein and Caron:
1. The developer shall construct this project in compliance with the conceptual plan
presented to the CCPC except that minor changes as described in the Land
Development Code (LDC) would be allowed. In any case however, the
configurations of the buildings, roads and landscaping shown on the artistic
rendering must be adhered to; and
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 3 of 8
Agenda Item No. 8B
December 12, 2006
Page 7 of 61
2. The development must revise Section 2.4.E in the PUD to replace the word
developer with the word owner of the 2O:C-acre addition; and
3. Density within the Fisherman's Village tract shall be limited to a maximum of 137
units; and
4. The county shall not issue site development plan approval until the sidewalks, street
improvements, traffic calming devices and water management provisions have been
designed and implemented for Lakeview Drive; and
5. The developer shall provide landscape buffers along the easterly property line that
include double the amount of vegetation for the required LDC buffer; and
6. The developer shall provide a 25- foot wide bulkhead setback along the eastern and
southern portion of the site for accessory and principal structures; and
7. Actual building height of any structure shall not exceed 50 feet for any structure.
8. The developer shall not be required to provide the playground requested by Parks
and Recreation.
Commissioners Schiffer, Adelstein, Tuff and Midney voted for the motion; Commissioners
Kolflat, Strain, Murray and Caron voted against the motion, resulting in a tie vote. Another
motion was made to reconsider the petition; however that vote resulted in the same tie vote.
Because the CCPC vote in support of the petition failed and there was opposition stated at the
CCPC hearing from the neighbors, this petition cannot be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. The legal
considerations are based upon the listed cliteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The nearby area is developed with residential uses and that is what is proposed. The
petitioner is setting aside a preserve area and has agreed to EAC recommendations regarding
mangrove protection. The project will be required to comply with all county regulations
regarding drainage, sewer, water and other utilities and has agreed to assist in roadway
improvements to Lakeview Drive.
Con: The clustering concept that will most likely be utilized by the developer for the
Fisherman's Village tract may result in a neighborhood perception that the site is being
developed at a higher density project.
Finding: The overall density of Windstar will remain the same. The project will be
required to comply with all county regulations regarding drainage, sewer, water and other
utilities and has agreed to assist in roadway improvements to Lakeview Drive; therefore, the
project is suitable for the area.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 4 of 8
Agenda Item No. 88
December 12, 2006
Page 8 of 61
2. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation and Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall
GMP.
Con: Staff's analysis is subjective. Many of the goals, objective and policies do not have
quantative means to measure compliance. The GMP Transportation Element Policies 5.1
and 5.2, Conservation and Coastal Management Element Objective 2.2, and Policy 6.1.1 and
Policy 7.1.2 contain measurable components; however, FLUE Policy 5.4 does not.
Compatibility is more subjective.
Finding: Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
3. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Element (FLUE) and Future Land Use Map and the elements
of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall
OMP.
Con: None.
Findings: Based upon staff's review, the proposed development is in compliance with the
Future Land Use Element (FLUE) of the Orowth Management Plan (OMP) for Collier
County and all other relevant goals, objectives and policies of the OMP.
4. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro: The County's current land use policies in the FLUE support the proposed action to
allow low density urban residential development within the Coastal High Hazard Area.
Adding Fisherman's Village into the Windstar PUD will not result in any increase in
density of the overall Windstar PUD; it was approved at 1.7 units per acre and that will
remain the same. That density is well within the eligible density for this area.
The petitioner could seek development approval to develop the Fisherman's Village with
the existing zoning. Based upon that zoning, 72 units would be permitted with a maximum
height limit of 35 feet. Under the current zoning the Fisherman's Village current maximum
eligible density is 72 dwelling units based upon the maximum that would be allowable in
the RMF-6 (3.5 acres) and RMF-6(3) (17.0 acres) zoning districts.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 5 of 8
Agenda Item No. 88
December 12, 2006
Page 9 of 61
Con: Fisherman's Village portion of the Windstar project is proposed for cluster
development which is the same way the other portions of Windstar were developed. There
are clusters of neighbors with large areas of open space and golf course. The clustering of
Fisherman's Village could result in a perceived (clustered) density of 6.68 units per acre
(137 units 7 20.52 acres = 6.676 units per acre). That perceived higher density may not
coincide with the nearby residents' desire to maintain a lower density development.
Adding additional units within the Coastal High Hazard Area may put additional persons at
risk in a weather related emergency such as a hurricane or tropical storm. Collier County
Emergency Management staff offered the following comments for this project:
The Winds tar RPUD is located in a Tropical Storm Surge zone, which requires
evacuation during most hurricane/tropical storm events. Adding to the
residential units in this area further taxes an already tight evacuation and
sheltering situation "Within Collier County. While there is currently no impact
mitigation required for this, it should be noted the approval of this RPUD
increases the evacuation and sheltering requirements for the county.
Findings: The proposed change will not adversely influence living conditions in the
neighborhood because the recommended development standards and other conditions for
approval should ensure the least amount of adverse impact on adjacent and nearby
developments.
5. 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, requiring neighborhood connection. Both the
surrounding area and Windstar are residential projects. The petitioner has agreed to
participate in roadway improvements to offset adverse effects the increased traffic may
cause; therefore, approval of this project should not create types of traffic deemed
incompatible with surrounding land uses and it should not affect the public safety.
Developers who share roadway improvement costs provide an alternative taxpayer cost
effective way to expedite roadway improvements.
The GMP Transportation Element Policy that encourages interconnection to neighborhoods
provides a positive effect on public safety because interconnections conserve highway
capacity on collector and arterial roadways.
Con: As urban intensification increases and traffic traverses through more than one
neighborhood, the affected property owners can experience increased discomfort about
safety and privacy. As noted in the staff report, interconnection may be a misnomer in this
particular instance because the term interconnection implies that traffic from the Lakeview
Drive residents and the Windstar residents would be able to traverse both ways. In this
case, access is only proposed to allow Windstar traffic to use Lakeview Drive. There is no
plan to allow Lakeview residents to utilize any roadways within Windstar, thus the term
"interconnection," may not accurately' depict \'llhat is proposed.
Windstar. PUDZ-2005-AR-8438
Executive Summary for September 12, 2006 BCC
Page 6 of 8
Agenda Item No. 8B
December 12, 2006
Page 10 of 61
Contrary to staffs recommendation in the staff report, the Board may, therefore, find that
the amendment may not be in compliance with LDC Section 4.07.02.0.3. because it could:
Create traffic congestion in the streets which adjoin or lead to the PUD; or
Create a threat to property or incur abnormal public expense in areas subject to
natural hazards; or
Be incompatible or inconsistent with surrounding neighborhoods or areas; or
Otherwise be inappropriate.
The Board may, therefore, add limitations to the Lakeview Drive access to limit the access
to Fisherman's Village residents only; and/or prohibit service vehicles such as delivery
trucks from using that roadway, and/or prohibit construction traffic from using Lakeview
Drive.
Findings: Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Traffic Element of the GMP and was found consistent. Additionally,
certain transportation improvements for Lakeview Drive are included in the PUD
document. Furthermore, this project will be subject to the Concurrency Management
System.
The Planning Commission, with its tie vote for a recommendation of approval, did not include
any objections to staffs legal considerations and findings, although some commissioners who
voted against the project voiced their objection. Such as Commissioner Murray stated:
I don't think it provides the equity to the neighbors and the community, and I think it's an
unnecessmy burden to thosefolks. And large buildings fairly close to single-stOlY, there
are a whole bunch of reasons why -- that I would be disinclined to support this.
Commissioner Kolflat stated:
I think a compelling point is that we learned that 70 percent of the traffic coming on
Bayshore Drive comes from the north and not from the south. Also interesting, it was
pointed out that most gated communities, ifnot all of them in Collier County, access the
community directly from a collateral or arterial road. Therefore, the criteria that
required approval on this, I question in that the change would adversely influence living
conditions in the neighborhood of Lakeview Drive. And the proposed change will create
or excessively increase traffic congestion or create types of traffic deemed incompatible
with surrounding land usage because of peak volumes that project the types of vehicular
traffic, including activity during construction phase of the development or otherwise
affect public safety.
Windstar, PUDZ-2005-AR-8438
Executive Summary for September 12, 2006 BCC
Page 7 of 8
Agenda Item No. 88
December 12, 2006
Page 11 of 61
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDA-2005-AR-
8438 with the following stipulations (as recommended by the CCPC):
1. The developer shall construct this project in compliance with the conceptual plan
presented to the CCPC except that minor changes as described in the Land
Development Code (LDC) would be allowed. In any case however, the
configurations of the buildings, roads and landscaping shown on the artistic
rendering must be adhered to; and
2. The development must revise Section 2.4.E in the PUD to replace the word
developer with the word owner of the 20:i:-acre addition; and
3. Density within the Fisherman's Village tract shall be limited to a maximum of 137
units; and
4. The county shall not issue site development plan approval until the sidewalks, street
improvements, traffic calming devices and water management provisions have been
designed and implemented for Lakeview Drive; and
5. The developer shall provide landscape buffers along the easterly property line that
include double the amount of vegetation for the required LDC buffer; and
6. The developer shall provide a 25- foot wide bulkhead setback along the eastern and
southern portion of the site for accessory and principal structures; and
7. Actual building height of any structure shall not exceed 50 feet for any s1ructure; and
8. The developer shall not be required to provide the playground requested by Parks
and Recreation.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 8 of 8
Agenda Item No. 88
December 12, 2006
Page 12 of 61
CotMr County
- ~~ ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DA TE: JULY 6, 2006
SUBJECT:
PUDZ-A-2005-AR-8438; LAKEVIEW DRIVE OF NAPLES, LLC FOR THE
WINDSTAR RPUD
APPLICANT:
Jack Antaramian, Managing Pariner
Lakeview Drive of Naples, LLC
365 Fifth Ave., South, Suite 201
Naples, FL 34105
AGENTS:
Clay Brooker, Esquire
Cheffy, Passidomo, Wilson & Johnson, LLP
821 5th Avenue, South Suite 201
Naples, FL 34102
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commissioner (CCPe) consider a
rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion
of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) zoning district so the land can be included in the existing Windstar PUD.
GEOGRAPHIC LOCATION:
The entire proposed PUD subject property, consisting of the existing 320.6-acre PUD and 20.52
acres that are proposed to be added is located in Sections 11, 14, and 23, Township 50 South,
Range 25 East, Collier County, Florida (see location map on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-acre tract that is
commonly referred to as "the Fisherman's Village or Fisherman's Cove tract" to the maximum
allowable 549 dwelling units of the existing PUD document for a total of 584 dwelling units in
the newly configured 341.21 acre PUD project, for an overall addition of 35 units. As staff
understands the petitioner's proposal, the applicant wishes to construct a maximum of 146 units
on the Fisherman's Village tract by combining undeveloped units in the existing Windstar (438
units have been developed units (549 - 438 = 111 undeveloped units) with the proposed
Windstar PUD, PUDZ-A-2005-AR-8438
July 6. 2006 CCPC
Page 1 of 10
Agenda Item No. 88
December 12, 2006
Page 13 of 61
additional 35 units (111 undeveloped units + 35 new units = 146 units in Fisherman's Village).
Under the current zoning, the Fisherman's Village current maximum eligible density is 72
dwelling units based upon the maximum that would be allowable in the RMF-6 (3.5 acres) and
RMF-6(3) (17.0 acres) zoning districts. The originally approved density was 1.715 units per
acre; the proposed density would remain the same for the overall PUD. Also proposed are
accessory uses such as parking, clubhouse areas, and wet slips along Haldeman Creek. Access
to serve the residents of this tract is proposed from Lakeview Drive, as well as internal access
from Windstar Boulevard. This petition is incorporating a strikethrough and underline format to
address only the specific changes proposed. It has been determined that this type of PUD
amendment does not "open" the entire PUD to additional scrutiny. The Fisherman's Village
tract is currently occupied with several multi-family dwellings.
SURROUNDING LAND USE AND ZONING:
North: Sandpiper Bay Club a developed multi-family project, with a zoning designation of
RMF-6 (ST) and Naples Land Yacht Harbor, with a zoning designation of Mobile
Home (MH), developed with mobile homes
East: Various single-family, multi-family and mobile home uses with zoning designations of
RMF-6(3), RMF-6 and MH
South: Harrington Sound subdivision, a developed single-family subdivision zoned RMF-6
and Southpointe Yacht Club, a multi-family residential development with a PUD
zoning designation (approved at 5.81 units per acre)
West: City of Naples, undeveloped land along Naples Bay
AERIAL MAP
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use
District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Windstar PUD. PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 2 of 10
Agenda Item No. 88
December 12, 2006
Page 14 of 61
Management Plan (GMP). The Urban Mixed-Use District permits a variety of residential and
non-residential land uses including mixed-use developments such as Planned Unit
Developments. The subject site is also within the Traffic Congestion Area, part of the Density
Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA) - that area
lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional
Planning Council Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/A), whether in or out of the CHHA. But, because the site is located within the Traffic
Congestion Boundary, it is subject to a 1 DU/ A reduction, thereby making the site eligible for an
adjusted base density of 3 DU/ A. The subject petition would result in no overall increase in
density in the Windstar RPUD, and it is well within the allowable gross density of 3 DU/ A for
the entire PUD. As with all residential rezones, density afforded by the Density Rating System is
the density that a given project is eligible for - it is not an entitlement for the subject petition.
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of
4 DU/A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a
CHHA reduction of 1 DU/A. The result would be the same in this case- 3 DU/A.
Staff therefore believes this project is consistent with GMP FLUE and the GMP FLUM.
Transportation Element: Transportation staff has reviewed this project based on the current
TIS guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan
transportation element. The existing development trips are considered background traffic on the
County roadway network. The original amendment application TIS added 72 dwelling units
(later revised downward) into the Windstar PUD which is consistent with the Transportation
Element of the GMP Section 5.1. The additional units can be accommodated on the adjacent
roadway network in the five-year planning period.
The proposed 146 dwelling unit development resulting from the additional units will be taking
primary access and egress off of Lakeview Drive as well as possibly providing additional access
to the existing Windstar development. Transportation staff recommends improvements to
Lakeview Drive consisting of widening and improving Lakeview Drive to a minimum of 22 feet,
adding a pedestrian sidewalk.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of
staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for
their recommendation to the Board of County Commissioners (BCC), who in turn, use the
criteria to support their action on the rezoning request. These evaluations are completed as
separate documents and are attached to the staff report (See Exhibit A and Exhibit B).
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 cepc
Page 3 of 10
Agenda Item No. 8B
December 12, 2006
Page 15 of 61
Environmental Review: Environmental Services staff has reviewed the petition and the RPUD
document to address any environmental concerns. The Environmental Advisory Council (EAC)
reviewed this petition on May 3, 2006 and recommended approval by a unanimous vote with the
stipulation that all mangroves along Haldeman Creek must be preserved, with the exception of
the impacts caused by the boardwalks/walkovers necessary for access to docks along the
shoreline of Haldeman Creek. The PUD document has incorporated this requirement.
Additionally, the EAC reviewed an SOP petition for the Fisherman's Village tract on February 1,
2006 and they unanimously recommended approval subject to conditions of approval
recommended in the EAC staff report. Both staff reports are attached as Exhibit C. Therefore,
the Environmental Services staff is satisfied that environmental issues have been adequately
addressed.
Transportation Review: Transportation Division staff has reviewed the petition and the RPUD
document and Master Plan that accompanies the request, and has offered new language as noted
bellow for the proposed amendment to address concerns about this project's impact upon
Lakeview Drive.
At the time of approval of this amendment to the PUD Document, the Bayshore
Gateway eRA ("CRA ") plans to improve or "streetscape" Lakeview Drive as part of
the redevelopment of the area. The CRA, however, has yet to determine the final
improvement plans for Lakeview Drive. Accordingly, the developer shall contribute
to, and assist vvith, the improvements to Lakevie1v Drive asfollows:
1. Within 90 days of approval of this amendment to the PUD Document (to wit: on or
before , 2006), the developer shall pay $75,000 to a CRA Trust Fund
designated exclusively for improvements to Lakevie1v Drive. This amount represents
the current cost of (1) installing a sidewalk Fom Bayshore Drive, west along the
length of Lakeview Drive, to the PUD boundary; and (2) engineering and installing
asphalt for the 1videning of Lakeview Drive fi-om 18 feet to 22 feet.
2. The developer shall engineer and design the stormwater management facility for
the 20. 52-acre parcel, which is the su~ject of this latest PUD amendment, to accept
some stormwater fi-Oll1 Lakevie1v Drive. The amount of stormvvater that can be
accepted by the stormwater management facility on the 20.52-acre parcel will be
determined at the time of site development plan approval.
Zoning Review:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action (PUD amendment) is approved, and to the requirements or limitations set forth in the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The uses were
determined to be consistent with the GMP (and therefore compatible with the land uses that have
been developed or would be developed on adjacent tracts) when the original Windstar rezoning
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 4 of 10
Agenda Item No. 88
December 12, 2006
Page 16 of 61
was approved, and it was already determined that the uses should be compatible with the land
uses that have been developed or would be developed on adjacent tracts. As discerned from the
aerial photograph, the surrounding zoning discussion and the Master Plan, the Windstar PUD is
already developed with clusters of housing in a golf course setting.
The surrounding area has co-existed with the existing Windstar development with seemingly
little problems and no changes are proposed to the RPUD document that would allow different
re-development. The property to the north of the site is separated by Halderman Creek; the land
use to the north is also multi-family residential. To the west, this site is separated from any other
uses by Naples Bay. To the south is Southpointe pun, a multi-family project approved at 5.91
units per acre. To the east are numerous RMF-6 zoned developed subdivisions. Except for the
proposed Fisherman's Village tract, the units within Windstar are separated from the
development along its eastern boundary by meandering golf course greens. The Fisherman's
Village tract will be separated from the multi- and single-family homesites located along
Lakeview Drive in Blocks 6 and 7 of Gulf Shores subdivision by a canal. Further south, the
Fisherman's Village tract will directly abut a lot within Naples Grove and Truck Company
Number 2 subdivision. That lot is developed with multi-family uses. The surrounding area is
similarly developed with multi-family housing except for the land along the eastern boundary of
the proposed Fisherman's Village tract which is single-family homes.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. In
reviewing the appropriateness of the requested uses/densities on the subject site, the typical
compatibility analysis would include a review of both the subject proposal and surrounding or
nearby properties as to allowed use intensities and densities, development standards (building
heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,
architectural features, amount and type of open space and location, traffic generation/attraction,
etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and
density averaging might be employed.
The Master Plan submitted for the entire Windstar PUD does not show project design detail. No
buildings have been shown on that plan. The Master Plan is not required to show design detail
such as building footprints. The master plan usually only shows general project designs such as
roadway layouts and general land use tract boundaries such as residential, commercial or
conservation and preservation areas. Those areas have been shown as required by LDC Section
JO.02.13.A.1. The petitioner has provided an additional sheet entitled "Fisherman's Village,"
which is an artistic rendering that shows a potential project layout of 137 units (stamped received
5/16/06). The petitioner has not offered to be bound in any way to this artistic rendering, nor
would it be appropriate for such a limitation because the rendering is not drawn to scale and staff
cannot review that "plan" for compliance with the LDC. Any development plan would be
required to undergo scrutiny by county staff for such compliance.
The artistic renderings shows the multi-family structures within the Fisherman's Village tract
oriented more internally than externally, i.e., the structures are shown nearer the existing
Windstar PUD rather than along the canal that abuts the single-family homesites along Lakeview
Drive. That seems a logical choice; it allows the Fisherman's Village residents to enjoy the golf
course vista. Additionally, the rendering seems to show a denser buffer along the canal that
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 5 of 10
Agenda Item No. 8B
December 12, 2006
Page 17 of61
separates the project from Lakeview Drive residences. Staff believes it may be appropriate to
require an enhanced buffer along the canal for the Fisherman's Village tract, and would suggest
that more trees and taller trees could be provided to soften the difference between the mostly
single-story, single-family Lakeview Drive homesites from the proposed 40-foot tall multi-
family structures that could be three or four stories high. In other areas of the Windstar PUD, the
golf course or open space separate units within Windstar from its neighbors. For the
Fisherman's Village tract additional trees could provide a method to compensate for open space
or golf course separations that are provided elsewhere along the project boundaries. More and
large trees would help internalize the project's impacts in compliance with the LDC Section
4.07.02.A & B, for PUD design standards regarding external and internal relationships.
The Windstar PUD amendment also proposes to add an access to Lakeview Drive for the project.
Windstar PUD traffic could travel through the multi- and single-family home sites in Gulf Shores
subdivision (north side of the road) and the multi-family uses in Naples Grove and Truck
Company Number 2 subdivision (south side of the road). There is no plan to limit the use of
Lakeview Drive to the residents and guests of the Fisherman's village tract. Any construction
traffic for Fisherman's Village, as well as any other traffic from the entire Windstar PUD
development could potentially use Lakeview Drive.
The petitioner states that due to Windstar's existing internal roadway design, it is unlikely that
many other residents of Windstar would want to use Lakeview Drive because the existing access
points provide a more direct link to Bayshore Drive. Regardless, the proposed 146 units of
Fisherman's Village that could be utilizing Lakeview Drive from Windstar would double the
number of households (not trips) using this local roadway. There appears to be 52 units in the
Gulf Shore subdivision that use Lakeview Drive and there are about 10 lots along the south side
of Lakeview Drive located in the Naples Grove and Truck Company Number 2 subdivision.
Some of the lots are developed and some are not; there is a mixture of single- and multi-family
uses on the developed lots. If all 10 lots were developed to the maximum allowable 6 units per
acre density, there would be 60 units. Coupled with the 52 units from Gulf Shore, the maximum
potential build-out along Lakeview Drive would be approximately 112 units.
Windstar PUD currently has three access points. There is one access point on Fern Street, one
on Thomasson Drive and the main access point is on Bayshore Drive. Providing an
interconnection from the existing Windstar PUD is consistent with GMP Transportation Element
Policy 9.3 that states:
T7ze County shall require, wherever feasible, the interconnection of local streets
between developments to facilitate convenient movement throughout the road network.
However, interconnection implies that traffic from the Lakeview Drive residents and the
Windstar residents would be able to traverse both ways. In this case, access is only proposed to
allow Windstar traffic to use Lakeview Drive. There is no plan to allow Lakeview residents to
utilize any roadways within Windstar, thus the term "interconnection," may not accurately depict
what is proposed.
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 6 of 10
Agenda Item No. 88
December 12, 2006
Page 18 of61
Zoning and Transportation staff discussed the above noted policy to determine ways to address
any negative impacts to the Lakeview Drive residents that might result with the connection,
noting that Lakeview Drive is a public roadway with narrower travel lanes than what would now
be required for development. If this was a new roadway within the Windstar PUD, it would have
to be built to current roadway width standards.
The petitioner has agreed to participate in funding of Lakeview Drive roadway improvements to
widen the travel lanes and provide sidewalks, thus the project is compliant with LDC Section
4.07.02.D.3 because it will not:
Create inconvenient or unsafe access to the PUD; or
Create traffic congestion in the streets which adjoin or lead to the PUD; or
Be in conflict with the intent or provisions of the GMP; or
Create a threat to property or incur abnormal public expense in areas subject to
natural hazards; or
Be incompatible or inconsistent with surrounding neighborhoods or areas; or
Otherwise be inappropriate.
In the alternative, the Board may wish to consider limitations to the Lakeview Drive access, such
as limiting the access to Fisherman's Village residents only; and/or prohibiting service vehicles
such as delivery trucks from using that roadway, and/or prohibiting construction traffic from
using Lakeview Drive.
Community Redevelopment Agency Review: The Board of County Commissioners adopted
the Bayshore Mixed-Use District Overlay that includes Map No. 1 that depicted the areas that
are affected by the BMUD Overlay. That map excluded existing PUDs from the requirements of
the Overlay, and in the case of the Fisherman's Village, included a notation to exclude the
Fisherman's Village tract from the Overlay. (The map however does not correctly depict the
Fisherman's Village tract. The portion of the Fisherman's Village tract north of Haldeman
Creek was not included and a portion to the south of Lakeview Drive was not included. Staff is
proposing a scrivener's error to correct those two oversights.) Even though the Fisherman's
Village is exempt from the requirements of the Overlay, the Lakeview Drive area is included,
thus zoning staff and Community Redevelopment Agency (CRA) staff believe it is important to
ensure the Windstar PUD incorporate the plans of the CRA when addressing potential negative
impact to the Lakeview Drive area. Please refer to the May 24, 2006 letter from David Jackson,
Executive Director of the CRA attached as Exhibit D.
The Community Redevelopment Agency for the Bayshore area is working to improve this area.
One project that is in the planning stage is the Lakeview Drive Beautification Project. The
pending Beautification Project is in an early stage and the ultimate design that will be developed
for Lakeview Drive has not yet been determined and the timing of the improvements is also
unknown at this time.
Thus staff recommends that the developer of Fisherman's VillagelWindstar make monetary
contributions to fund roadway improvements as noted by Transportation staff and the CRA
recommendations to include widening and improving Lakeview Drive to a minimum of 22 feet
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 eepe
Page 7 of 10
Agenda Item No. 88
December 12, 2006
Page 19 of 61
of pavement width, adding a five-foot wide pedestrian sidewalk along one side of Lakeview
Drive, and accommodate some or all of the future streetscape designed Lakeview Drive
stormwater discharge, for quality treatment, at the Fisherman's Village on-site stormwater pond
with the capability/capacity to be further defined as engineering information and streetscape
design is developed by the CRA and the developer of this project.
There is a balance issue between GMP Transportation Element Policy 9.3 and FLUE Policy 5.4.
Staff understanding the need to "require, wherever feasible, the interconnection of local streets"
[Policy 9.3], and still maintain the integrity of an existing neighborhood, i.e., FLUE Policy 5.4
which requires new land uses to be compatible with, and complementary to, the surrounding land
uses. With the conditions proposed by staff to address Lakeview Drive, staff believes the project
is compatible with the existing development in the neighborhood, and therefore recommends that
the petition be deemed consistent with that FLUE policy.
Emergency Management Review: The Windstar RPUD is located in a Tropical Storm Surge
zone, which requires evacuation during most hurricane/tropical storm events. Adding to the
residential units in this area further taxes an already tight evacuation and sheltering situation
within Collier County. While there is currently no impact mitigation required for this, it should
be noted the approval of this RPUD increases the evacuation and sheltering requirements for the
county.
Historical and Archeological Review: Approval is subject to the recommendations contained
in the Survey and Assessment for the Fisherman's Village site prepared by John Beriault (See
Exhibit E). Staff has advised the petitioner that this requirement will need to be added to the
PUD document.
Utilities Review: This project is located within the Collier County Sewer District boundary, and
shall be subject to application for and conditions associated with a sewer availability letter from
the Collier County Utilities Division. According to the GIS, there is an existing 12 inch force
main east of the proposed development on Bayshore Drive. Potable water is served by the City
of Naples.
Parks and Recreation Review: Parks and Recreation Department staff wishes to see a
stipulation adopted as part of any approval of this petition. The stipulation is quoted below:
The developer must provide a Consumer Product Safety Commission (CPSC) and
American Society for Testing and Materials (ASTM) certified commercial grade
playground designed for 2-12 year old children for use by residents and guests.
The playground must be provided lvithin common area. 171e playground area must
be operational before the issuance of any certificates of occupancy for any
residentia/units. Developer must provide documentation to the PUD file that the
playground meets these requirements.
The petitioner will not agree to the stipulation noting that he was ". . . . unable to located the
GMP or LDC authority for this requirement," thus the petitioner" . . . accepts the comment as a
request rather than a requirement since it is not part of any currently adopted ordinance" [quote
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 8 of 10
Agenda Item No. 88
December 12, 2006
Page 20 of 61
from petitioner's agent's April 17, 2006 response to staff's review comments]; therefore, the
petitioner has opted not to include a requirement for a playground in the PUD document.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required NIM at the East Naples Baptist Church.
Approximately 180 people attended including the applicant's team and county staff. After a
brief presentation of the rezone and project request, Mr. Clay Brooker of Cheffy, Passidomo,
Wilson & Johnson opened the meeting for discussion. Many of the audience members voiced
opposition to the requested density (137-1 56'units), the building height (maximum 50 feet) and
the multi-family design (6 buildings), stating that the proposed project is not compatible or
consistent with the previous conceptual site plans they had seen or the existing Windstar PUD
development. Also of concern are traffic impacts to Lakeview Drive.
Further statements made by Mr. Brooker included:
1. Access will continue to be provided through the existing Windstar main entrance, although
there will be a "Resident's Only" entrance access from Lakeview Drive.
2. The applicant envisions approximately 34-51 docks/wet slips will be provided along
Haldeman Creek. Windstar residents will have first option to buy the lesser of (a) 20%, or
(b) 40% of the number of docks constructed, within a 90 day sales period.
3. The 1,100 square feet unit sizes are still conceptual.
4. Construction traffic will utilize Lakeview Drive.
It was also stated by property owners throughout the course of the discussion that the developer
has entered into two separate agreements with the Windstar Master Association and the Windstar
Club. Mr. Brooker, speaking as agent for the applicant, said he would meet with the Master
Association again to clarify any confusion or misunderstanding of the issues. Mr. Charlie Thomas
and Mr. Jack Fink (apparently representative of the applicant) told the audience there would be a
tentative April 11th meeting held with all residents and the developer. (Synopsis provided by
Linda Bedtelyon, Community Planning Coordinator)
RECOMMENDA TION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUD-Z-A-2004-AR-8438 to the Board of County Commissioners
with a recommendation that this petition be deemed consistent with the GMP, and further that
the PUD amendment be approved, with the limitations contained in the RPUD document.
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 9 of 10
Agenda Item No. 88
December 12, 2006
Page 21 of 61
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT -STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the September 12, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
C. EAC Reports
D. Letter from David Jackson
E. Historical and Archeological Survey and Assessment
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 10 of 10
Agenda Item No. 88
December 12, 2006
Page 22 of 61
Item V.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF .2005
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
II. LOCATION:
The subject property is located west of Bayshore Drive and south of US 41
abutting the City of Naples city limits in Sections 11 and 14, Township 50 South,
Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING
DESCRIPTION
N-
RMF-6-ST and MH,
Sandpiper Bay Club and
Naples Land Yacht Harbor,
residential uses
S-
RMF-6 and PUD
Harrington Sound subdivision
and Southpointe Yacht Club
E-
RMF-6(3), RMF-6 and MH
Various residential uses
w-
City of Naples
Undeveloped
Naples Bay
land
along
IV. PROJECT DESCRIPTION:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-
acre tract that is commonly referred to as "the Fisherman's Village tract" for
which a maximum of 156 multi-family units were analyzed in the Traffic Impact
EAC Meeting
Agenda Item No. 88
December 12, 2006
Page 23 of 61
Page 2 of6
Statement and the Environmental Statement). As staff understands the
petitioner's proposal, the pending proposal adds the 72 dwelling units that would
be allowable in the existing Fisherman's Village tract with its RMF-6 (3.5 acres)
and RMF-6(3) (17.0 acres) zoning to the allowable maximum 549 dwelling units
of the existing PUD document for a total of 621 dwelling units in the newly
configured 341.21 acre PUD proj ect. The originally approved density was 1. 715
units per acre; the proposed density would be 1.82 units per acre (621 units -7-
341.12 acres = 1.82 units per acre). Also proposed are accessory uses such as
parking, clubhouse areas, and wet slips along Haldeman Creek. Access to serve
the residents of this tract is proposed from Lakeview Drive, as well as internal
access from Windstar Boulevard. No development changes to the existing
Windstar PUD are proposed.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban Mixed - Use District, Urban
Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The Urban Mixed - Use District permits a variety of
residential and non-residential land uses including mixed-use developments such
as Planned Unit Developments. The subject site is also within the Traffic
Congestion Area, part of the Density Rating System, and the site is entirely within
the Coastal High Hazard Area (CHHA) - that area lying within the Category 1
evacuation zone as defined in the Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling
units/acre (DU/A) throughout the Urban - Mixed Use District (except for the
Urban Residential Fringe capped at 1.5 DU/A), whether in or out of the CHHA.
But, because the site is located within the Traffic Congestion Boundary it is
subject to a 1 DU/ A reduction. thereby making the site eligible for an adjusted
base density of3 DU/A.
It should also be noted that the Evaluation and Appraisal Report (EAR)
recommends limiting the density to a maximum of 4 DU/A in the CHHA and
replacing the Traffic Congestion Boundary (TCB) reduction with a CHHA
reduction of I DU/ A. The result would be the same in this case- 3 DU/A.
The existing Windstar PUD provides for 549 dwelling units on 320.62:. acres (1.7
DU/A). The proposed Windstar RPUD seeks 621 dwelling units on 341.1::1:: acres
(1.8 DU/A). The conceptual site plan for the additional 20.52 acres includes 13S
dwelling units. The subject petition would result in an overall increase in density
in the Windstar RPUD, but within the allowable gross density of 3 DU/A for the
entire PUD. As with all residential rezones, density afforded by the Density
EAC Meeting
Agenda Item No. 88
December 12, 2006
Page 24 of 61
Page 3 of6
Rating System is the density that a given project is eligible for - it is not an
entitlement; for the subject petition.
FLUE Objective 7 encourages the use of smart growth principles. The applicant
has addressed several of these, including a diversity of housing types,
connectivity to adjacent projects, open spaces and pedestrian and bicycle paths.
Based on the above analysis, and subject to the changes required in the last
paragraph, staff concludes that the proposed development may be deemed
consistent with the Future Land Use Element of the Growth Management Plan.
Conservation & Coastal Mana2ement Element:
VI. MAJOR ISSUES:
Stormwater Mana2ement:
Environmental:
Site Description:
Wetlands:
Preservation Reauirements:
Listed Species:
VII. RECOMMENDATIONS:
Staff recommends approval of
with the following conditions:
Stormwater Mana2ement:
EAC Meeting
Agenda Item No. 88
December 12, 2006
Page 25 of 61
Page 4 of6
1.
2.
Environmental:
EAC Meeting
Agenda Item No. 8B
December 12, 2006
Page 26 of 61
Page 5 of6
PREP ARED BY:
STAN CHRZANOWSKI, P.E.
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
DATE
ROBERT C. WILEY, P.E. DATE
PRINCIPAL PROJECT MANAGER
TRANSPORTATION OPERATIONS, DEVELOPMENT REVIEWS, RIGHT-OF-WAY
PERMITTING, AND INSPECTIONS DEPARTMENT
STEPHEN LENBERGER
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
DATE
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Agenda Item No. 88
December 12, 2006
Page 27 of 61
Page6of6
REVIEWED BY:
BARBARAS.BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E., DIRECTOR,
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
STEVEN D. GRIFFIN
ASSISTANT COl..JNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR, DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Florida Limited Liability
BELLHOWEL REAL ESTATE HOLDINGS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
Document Number
L04000037252
FEI Number
201133718
Date Filed
05/17/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Agent
Name & Address
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
I-
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i Manager/Member Detail
t Name & Address
I-~
---f---
I MGR
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SEHA YEK. RAYMOND
2606 HORSESHOE DR S
J\APLES FL 34 I 04
MAClNOR, THOMAS A
215 5TH AVE S STE 20J
VTP
NAPLESFL34102
1.1 Annual Reports r FII,dD."
i Report Year I
2065 . . r -.--05;0212005--
j=',--'--'--~-~~2006-'--'~'-"--~'r-""-'.-==,~-04IW2~---'--~.,...~
Agenda Item No. 8B
December 12, 2006
Page 28 of 61
Florida Limited Liability
BROWNLINE REAL ESTATE HOLDINGS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
Document Number
L04000037283
FEI Number
201133090
Date Filed
05/17/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
PEZESHKAN. FRED
"606 SOUTH HORSESHOE DRlYE
NAPLES FL 34104
-- Ma:ge~/::mber Detail TUI, -\
Name & Address I ~
iANi:i:-lRAJ------~-~----- i--~--t
"606 HORSESHOE DR S . MGR r
!';APLES FL .14 I 04
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MACIYO'-:. THOMAS A
.J,605 :;TH AVE S STE201
SAPLES FL 341 m
----~-----------------------f
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05/02/2005 i
.------0:\!2412006--- - _n l
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1Il~";,s:.
Filed Date
Annual Reports
Report Year
Agenda Item No. 8B
December 12, 2006
Page 29 of 61
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Florida Profit
BEL-MAR CORPORA nON
PRINCIP AL ADDRESS
2606 S HORSESHOE DR.
NAPLES FL 34104 US
Changed 04/16/1998
MAILING ADDRESS
2606 S HORSESHOE DR.
NAPLES FL 34104 US
Changed 04/16/1998
Document Number
683473
FEI Number
592023214
Date Filed
09/08/1980
State
FL
Status
ACTIVE
Effective Date
NONE
1--------
I
!
I
I
Registered Agent
Name & Address
PEZESHKAN. FARHAD F.
2606 S HORSESHOE DR.
NAPLES FL 33942
Name Changed: 04/05/1990
---------~-_.~~---_.._._.-
Address Changed: 04105/1990
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NAPLES FL 341~-=-_.._____i_..___j
Officer/Director Detail
Name & Address
Filed Date
I Annual Reports
, Report Year
--- 2004 --'j--oiili2i2Oo'4----,
:"--~-""~i ----~:~:;~~~,- ~~j
-
Agenda Item No. 88
December 12, 2006
Page 30 of 61
Florida Limited Liability
BEL-MAR INVESTORS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
Document Number
L01000008071
FEI Number
593732713
Date Filed
OS/21/2001
State
FL
Statu s
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
-~---~ ._--------_..._----_._-_..---~----~--------_._--------~~
L_________________ N;E::~~~~::ss .. f
21>06 SOUTH HORSESHOE DRIVE f
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Address Changed: OS/22/2002
-' -..-- -- ----- -~-~-------- "i---r
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I Title !
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Manager/Member Detail
Name & Address
PEZESHKAt;. F. FRED
,606 SOliTH HORSESHOE DRIVE
J
MGRM !
:\/\PLES FL.q 1 ()4
HEL,MAR CORPORA TIO'<
2606 SOLTH HORSESHOE DRIVE
J\APLES FL )41 (14
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j_____~APLE.:FL ~~______, !___.l
. Annual Reports I F",d D.t, I
Report Year '
,_'_~________"I__ ___..I
2004 i 03/01/2004 !
~-=~~::==-_2005 _, ='~= C~=::::~::~5102~~_='~:=1
2006 I 04/24/2006 if
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MACINOR. mOMAS A
)6> >TH AVE S.. STE 201
Agenda Item No. 8B
December 12, 2006
Page 31 of 61
Agenda Item No. 88
December 12, 2006
Page 32 of 61
EXHIBIT B
LEGAL DESCRIPTION
(Existing Windstar Boundary Description)
A tract of land lying in Sections 11, 14 and 23, Township 50 South; Range 25 East; Collier
County, Florida, being more particularly described as follows:
Commencing at the north quarter corner of Section 14; Township 50 South, Range 25
East; Collier County, Florida, run S 89D 25' 40" W along the north line of said Section 14 a
distance of 300.00 feet to the True Point of Beginning; thence N OOD 13' 07" W 521.19
feet, thence S 89D 34' 18"W 314.39 feet; thence S 68D 04' 16" W 897.82 feet; thence S
42D 06' 21" W 265.25 feet; thence S 42D 04' 52" W 421.60 feet to a Point of Curvature;
thence 68.47 feet along the arc of a curve, concave to the southeast, having a radius of
50.00 feet and a chord having a length of 63.24 feet and bearing S 020 50' 59" W to a
Point of Reverse Curvature; thence 379.35 feet along the arc of a curve, concave to the
northwest, having a radius of 200.00 feet and a chord having a length of 324.94 feet and
bearing S 17D 57' 27" W to a Point of Tangency; thence S 720 17' 43' W 209.97 feet to a
Point of Curvature; thence 314.16 feet along the arc of a curve, concave to the northeast
having a radius of 200.00 feet and a chord having a length of 282.79 feet and bearing N
620 42' 17" W to a Point of Reverse Curvature; thence 80.27 feet along the arc of a curve,
concave to the southwest, having a radius of 50.00 feet, and a chord having a length of
71.92 feet and bearing N 630 41' 51" W to a Point of Tangency, thence S 700 18' 35" W
116.55 feet to the west line of Section 14, being, also, the eastern limits of the City of
Naples; thence S 000 09' 12" E along said section line a distance of 2034.48 feet to the
west quarter corner of Section 14, thence S 000 12' 53" E 2684.71 feet to the southwest
corner of Section 14; thence S 000 14' 16" E 1348.56 feet to the southwest corner of the
northwest quarter of the northwest quarter of Section 23, thence N 890 21' 19" E along the
south line of said northwest quarter of the northwest quarter a distance of 1277.37 feet to
the westerly right-of-way line of Fern Street; thence N 000 28' 44" W along said right-of-
way line a distance of 1351.12 feet to the north line of said northwest quarter of the
northwest quarter; thence N 890 14' 19" E 19.60 feet to the westerly right-of-way line of
Fern Street; thence N 000 13' 25" W along said right-of-way line a distance of 1332.51
feet; thence N 890 15t 16" E 1352.29 feet; thence N 890 42' 05" E 1295.42 feet to the
westerly right-of-way line of Kelly Road (Bayshore Drive); thence N 000 17' 46" Walong
said right-of-way line a distance of 333.52 feet; thence S 890 42' 44" W 1294.96 feet to
the north-south quarter section line of Section 14; thence N 000 13' 07" W along said
quarter section line a distance of 2329.90 feet; thence S 890 35' 14" W 330.45 feet;
D 0 D
thence N 00 13' 07" W 462.37 feet; thence N 89 35' 11" E 30.47 feet; thence N 00 13'
07" W 866.04 feet to the True Point of Beginning.
The above describes an area of approximately 320.60 acres of land.
Agenda Item No. 88
December 12, 2006
Page 33 of 61
-AN 0-
(Fishermans Village Boundary Description)
Part of the Northwest 34 of Section 14, and part of the Southwest % of Section 11,
Township 50 South, Range 25 East, the West 330' of Lot 42, and the West 140' of Lot 47,
Naples Groves and Truck Co's Little Farms No.2, as recorded in Plat Book 1, page 27, of
the public records of Collier County, Florida, less and except the North 30' of Lot 47
Beginning at the North quarter corner of said Section 14;
. Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4,
page 50, of the public records of Collier County, Florida, said line also being the North
and South quarter section line of Section 14, South 000 13' 02" East 1028.84 feet to the
North line of the West 140' of said Lot 47 less and except the north 30' thereof also being
a point on the South right-of-way line of Lakeview Drive;
Thence along said line North 890 32' 45" East 140.00 feet to the East line of the West 140'
of said Lot 47;
Thence along said East line South 000 13' 02" East 302.68 feet to the South line of said
Lot 47;
Thence along said South line South 890 34' 08" West 140.00 feet to the southwest corner
of said Lot 47 and a point on the boundary of the plat of Windstar as recorded in Plat
Book 14, pages 11 through 15 of the public records of Collier County, Florida;
Thence along the boundary of said plat of Windstar in the following Six (6) described
courses;
1.
2.
3.
4.
5.
6.
South 89035'14" West 330.45 feet;
North 00013'07" West 462.39 feet;
North 89035'11" East 30.47 feet;
North 00013'07" West 1389.23 feet;
South 89034'18" West 314.39 feet;
South 68004'16" West 50.12 feet to the west line of the southeast quarter of
the southeast quarter of the southwest quarter of said Section 11;
Thence along said west line North 000 13' 07" West (197.00 feet more or less to the south
bank of Haldeman Creek per deed) 163.84 feet measured;
Thence meander along said south bank to its intersection with the North and South
quarter section line of said Section 11, and the West boundary of the plat of Demere
Landing as recorded in Plat Book 4, page 14 of the public records of Collier County
Florida. Said meander line being subtended by a tie line bearing North 730 43' 39" East
686.46 feet;
Thence along said line South 000 18' 15" East (164.00 feet more or less the southwest
corner of said Demere Landing and the Northwest corner of said Lot 42 per deed) 180.78
measured;
Thence along the north boundary of said Lot 42, North 890 30' 34" East 330.00 feet to the
east line of the West 330 feet of said Lot 42;
Thence along said East line South 000 18' 15" East 337.30 feet to the South line of said
Lot 42 and the North boundary of the plat of said Gulf Shores;
Agenda Item No. 88
December 12, 2006
Page 34 of 61
Thence along said line South 890 27' 51" West 330.00 feet to the Southwest corner of
said Lot 42, the Northwest corner of the plat of said Gulf Shores and the North and South
Quarter section line of said Section 11;
Thence South 000 18' 15" East 334.79 feet to the POINT OF BEGINNING.
Containing 20.52 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the East line of Tract "B", of the plat of said Windstar, being North
000 13' 07" West.
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eRA Board
Commissioner
James N. Coletta
Commissioner
FredW, Coyle
Commissioner
Donna Fiala
Chairman
Commissioner
Frank Halas
Commissioner
Tom Henning
Advisorv
~
Bill Neal
Chairman
Karen Beatty
-~on Fowle
,od Garner
Chuck Gunther
Phil McCabe
Steve Main
William Mears
Lindsey Thomas
CRA Staff
David L. Jackson
Executive
Director
Agenda Item No. 88
December 12, 2006
THE BAY S H 0 R E / GAT E WAY T R I A N G L ERE D EVE LOP MEN T A R~e 36 of 61
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
May 24, 2006
RE: Winds tar PUD Amendment
TO: Ms Kay Deselem,
Concerning the Windstar PUD Amendment to include the Lakeview Drive of Naples, LLC
development, I submit the following on behalf of the Bayshore Gateway Triangle Community Redevelopment
Agency's Local Advisory Board. The topics below come from numerous meetings and discussions concerning
the matters at hand as a result of the proposed development.
BACKGROUND FACTORS:
Collier County Impacts (all dates are determined):
1. Haldeman Creek Dredge - July 2006 to Jan 2007.
2. 1000+ dump truck movements to remove spoil- times 2 (truck arrival and departure).
3. Spoil vacated from Windstardevelopment site NLT Jan 2007.
CRA/Bavshore Avalon MSTIJ (all dates are estimates):
1. Development of BCC/CRAlMSTU approved residential streetscape workbook & master plan -
September 2006.
2. Lakeview Drive neighborhood & owners streets cape design charrette - Sep to Oct 2006.
3, Lakeview Drive streetscape design approval Jan-Feb 2007.
4. Develop construction documents and bid Mar-Iul 2007.
5. Construction Aug-Mar 2008; no later than issuance of Lakeview Drive of Naples, LLC C.O. by
County.
Lakeview Drive of Naples, LLC (all dates are estimates - to be confirmed by Lakeview LLC):
1. Dredge impacts listed above.
2. Begin construction Feb-Mar 2007.
3. Estimated completion and issue ofC.O, Nov-Dec 2008.
The Local CRA Advisory Board agrees to the following (with final approval by CRA):
1. CRAlBayshore MSTU work jointly to design and install Lakeview Drive residential streetscape, with a
monetary assist from the developer impacting Lakeview Drive.
2. Lakeview Drive of Naples, LLC makes a monetary (cash) payment of$75,000,00 to assist in the
installation of a sidewalk the length of Lakeview Drive from Bayshore Drive to the PUD boundary;
and engineering and installation of asphalt to widened the street from 18 feet to 22 feet. Payment to be
made to the CRA Trust Fund no later than 90 days after PUD Amendment approval, to be deposited
into the CRA Trust Fund under a specific Capital Improvement Project line item: Lakeview Drive
Streetscape.
3. Lakeview Drive of Naples, LLC will accept some stOlmwater from Lakeview Drive streetscape
improvements at their PUD on-site stormwater facility, based on engineering studies and streetscape
storm water requirements.
For the Bayshore Gateway Triangle Local CRA Advisory Board,
David Jackson
Executive Director
239-643-1115
T II E BAY S II 0 R E / G J\ T E WAY T R I A N G L ERE D EVE LOP 1;1 E N TAR E A
2408 LINWOOD AVE, SUITE 7,UNIT 11 NAPLES, FL 34112
PIlONE 239.643.1115 F.H:SIMILE 239.775.4456
Agenda Item No. 88
December 12, 2006
Page 37 of 61
NARRATIVE DESCRIPTION OF REZONE REQUEST
This rezone petition proposes to Aannex@ a 20.52-acre parcel of land (the
AProperty@) into the existing Windstar PUD. The Property abuts the northeast corner of
the Windstar PUD and is generally bounded on the north and west by Haldeman Creek and
the Windstar PUD, respectively. To the east and south are single family and multi-family
zoning districts, which districts permit development at densities of four and six units per
acre, respectively.
The Property is currently zoned residential multi-family. The majority of the
property (approximately 17 acres) may be developed, under the current zoning, at a density
of up to three units per acre (RMF-6(3)), although the southern portion of the property
(approximately 3.5 acres) is eligible for a density of up to six units per acre (RMF-6). The
rezone petition seeks an increase in the maximum number of units permitted in the
Windstar PUD, after the Property is added, from 549 to 584. This increase in the permitted
number of units will not result in a corresponding increase in density due to the addition of
the 20.52 acres. In other words, the rezone petition does not propose an increase in the
already-approved density of 1.71 units per acre for the Windstar PUD. This proposed
density is significantly lower than the three-unit-per-acre density permitted by the Growth
Management Plan.
The proposed rezone will not change the general uses permitted on the Property. If
the rezone petition is approved, the Property may be developed with single or multi-family
residential structures, just as it may be developed under the current zoning. These uses are
compatible \,vith the single and multi-family residential development surrounding the
Property. The proposed location of the residential structures on the Property is buffered
from surrounding development by golf course fairways to the west and south, and by water
bodies (canal and Haldeman Creek) to the east and north. The proposed maximum height
of the residential structures is 40 feet, which is the existing maximum height for all
residential structures in Windstar.
Access to the Property will be provided by the existing main entrance to the Windstar
development (and then via Windstar Boulevard and Haldeman Creek Drive) and by a
proposed, gated entrance/exit at the west end of Lakeview Drive (where Lakeview Drive
currently dead-ends). The proposed ne\'v road through the Property will be connected to
Haldeman Creek Drive at the property line between the existing Windstar PUD and the
Property, thereby improving circulation inside the Windstar development. It should be
noted that the road\"lay connection between the existing Windstar development and the
Property was planned in 1993, when the current PUD Document was approved by the
County, and is shown on the plat approved for the Windstar property.
Dock slips, the number of which will be consistent ",rith the Manatee Protection Plan,
are envisioned along the shoreline of Haldeman Creek (and possibly along the canal
abutting the east side ofthe Property). The slips \",rill be for the use of present and future
residents of the Windstar development and the Property.
(Revised 5/16/06)
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Agenda Item No. 88
December 12, 2006
Page 40 of 61
WINDSTAR
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WINDSTAR,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
\^IS REALTY, INC.
WINDSTI\R ON NAPLES BAY
-1090 HALDEMAN CREEK DRIVE
NAPLES, FL 33962
LEGAL COUNSEL:
PORTER, WRIGHT, MORRIS & ARTHUR
-1501 TAMII\MI TRAIL, NORTH
SUITE -100
NAPLES, FL 339-10
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
3105 S. HORSESHOE DRIVE
NAPLES, FL 33942
CEC FILE NO. 92.121
(October 2.+,-1992)
Windstar PUD Revised 8/17/06
Agenda Item No. 8B
December 12, 2006
Page 41 of 61
AMENDED BY:
CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP
821 5th AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
(April 2006)
Existing PUD Ordinance Number:No.umber:
23
Date approved by BCC: 5/11/93
Date amendment rev'd by CCPC:
Date amendment approved by BCC:
Ordinance No.:
93-
Windstar PUD Revised 8/17/06
Agenda Item No. 88
December 12, 2006
Page 42 of 61
TABLE OF CONTENTS
Paqe
STATEMENT OF COMPLIANCE
1
SECTION I
PROPERTY OWNERSHIP &LEGAL AND GENERAL DESCRIPTION
2
SECTION II
PROJECT DEVELOPMENT M
SECTION III
RESIDENTIAL TRACTS a6
SECTION IV
GOLF COURSE AND OPEN SPACE TRACTS BAND R 911
SECTION V
CONSERVATION/PRESERVE, TRACT Q ++13
DEVELOPMENT COMMITMENTS ~14
SECTION VI
- EXHIBIT A
PUD MASTER PLAN
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
LOCATION MAP
THIS DOCUMENT SUPERSEDES EXISTING PUD ORDINANCES REGARDING WINDST AR.
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December 12, 2006
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'A'INDSTAR PUD
STATEMENT OF COMPLIANCE
The development of approximately 320.66341.12 acres of property in Collier County, as a
Planned Unit Development known as Windstar, is in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The residential,
recreational, and other development authorized herein 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 in effect at the time of approval by the
Collier County Board of County Commissioners for the following reasons:
Residentbl Proiect
1. The subject property is within the Urban Coastal Fringe Subdistrict of the Urban Mixed
Use District Residcnti31 13nd use design3tion as identified on the Future Land Use Map
as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element.
2. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as required in Objective 2 of
the Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Existing and f~uture improvements are or will be pl3nned to be in compliance with all
current 3nd then-applicable land development regulations as set forth in the Growth
Management Plan and amendments thereto.
5. The project development results in an efficient and economical extension of community
facilities and services as required in Policies 3.1.H and L of the Future Land Use
Element.
6. The project development incorporates a natural system 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.
7. The maximum density is less than 2~ dwelling units per acre and is in compliance with
the Future Land Use Element of the Growth Management Plan, based on the following
relationships to required criteria:7
Base Density: 4 u/a
Traffic Congestion Area: -1 u/a
Maximum permitted density: 3 u/a
8. The project includes extensive open space in the form of a golf course and incorporates
natural features to provide a high quality of life for its residents.
Short Title
This Ordinance sh311 be known 3nd cited 3S the Windst3r PI3nned Unit Development
Ordin3nce.
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December 12, 2006
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SECTION I
LEGAL AND GENERALPROPERTY 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 being developed under the project
name of Windstar.
1.2 PROPERTY OWNERSHIP
When the County initially approved the PUD in 1981, the property was owned by
Whispering Pines, Inc. Since that time, the property has been owned, at different times,
by Windstar Development Corporation and WS Realty, Inc. The County has approved
many subdivisions within the PUD, and the various lots and tracts have been sold and
developed. As of the date of this latest PUD amendment, the property within the PUD is
owned by numerous entities and individuals. The 20.52-acre parcel, which is the subject
of this latest PUD amendment, is owned by Lakeview Drive of Naples, LLC.The subject
proporty is currently under tho ownership of WS Re3lty, Inc., 1090 H31dem3n Crook
Drive, N3ples, FL 33962.
1.3 LEGAL DESCRIPTION
The legal description of the property included within the Windstar PUD is set forth in
Exhibit B, attached hereto.A tr3ct of I3nd lying in Sections 11, 11 3nd 23, Township 50
South, Range 25 E3st; Collier County, Florid3, being more p3rticularly described os
follows:
"Windst3r," 3 subdivision recorded on Pl3t Book 1 <1, P3ges 11 through 15 of the Public
Records of Collier County, Florida.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site contains ~341.12 acres and is located in lands lying within Sections
11, 14 and 23, Township 50 South, Range 25 East. The property is bounded on the
north by Haldeman Creek; on the east by Bayshore Drive, lands zoned RMF-6, MHRP,
Fern Street and the Harrington Sound subdivision; on the south by the Southpointe
PUD; and on the west by lands within the City of Naples.
1.5 PROJECT DESCRIPTION
Windstar is a bayfront golf course community. Collier County The PUD Zoning W:JS
originally approved the PUD by Collier County with Petition R-81-8C on August 25,
1981, by adopting crG3ting Ordinance No. 81-40. The County approved amendments to
the PUD on July 13, 1982 (Ordinance No. 82-54) and on May 11, 1993 (Ordinance No.
93-23). -The Plat of Windstar is recorded in Collier County Plat Book 14, Pages 11
through 15.
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The project's main entrance is on Bayshore Drive and the internal road system is served
by Windstar Boulevard, the main east-west road. Haldeman Creek Drive and Yacht
Harbor Drive provide access to tracts north and south of Windstar Boulevard
respectively. Two secondary entrances are provided at Fern Street and Lakeview Drive.
Lighthouse Lane provides access to the Harrington Sound subdivision.
The maximum number of dwelling units for the project will be 584a49 units, resulting in a
gross density of 1.71 units per acre.
1.6 ARCHAEOLOGICAL ASSESSMENT
A phase one archaeological assessment of the 20.52-acre tract, which is the
subject of this latest amendment to the Windstar PUD, resulted in the discovery
of one archaeological site, the Haldeman Creek Midden, 8CR926.
The Haldeman Creek Midden, 8CR926 is disturbed prehistoric midden partially
exposed by a "V"-shaped cut in the north bank of Haldeman Creek. The midden
does not exceed two feet elevation above the surrounding mangrove swamp.
Most of the exposed material appears to be compacted oyster shell with other
shell species intermixed. The area has been partially filled with spoil presumably
from Haldeman Creek, and that material leveled. To the north of the site is a
small bayou that might have been part of the original channel of Haldeman
Creek. A partial wall fragment of a hafted Busycon hammer was surface
collected from the site. No other artifacts or ceramics were observed. This site
may be the remnants of a small round to oval-shaped midden ridge paralleling
Haldeman Creek a distance east of its juncture with Naples Bay. The visible
portion of this site is about 30 feet north-south by 50 feet east-west, or
approximately 1500 square feet in total.
Site 8CR926 is a disturbed, formative period shell midden, and is of local
significance. There is insufficient data to determine whether the site is potentially
eligible for listing on the National Register of Historic Places. The northern part
of the 20.52-acre tract that encompasses the site is not proposed for
development and will be part of a preserve area. However, if the area of the site
is to be impacted, then phase two testing is recommended to determine the full
site extent and significance. Any improvements to the preserve will require an
archaeological management plan,
1.7 SHORT TITLE
This ordinance shall be known and cited as the "Windstar Planned Unit Development
Ordinance."
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances and the respective land
uses of the tracts included in the project.
2.2 GENERAL
A. Regulations for development of Windstar shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land
Development Code in effect at the time of building permit application.
Where these PUD regulations fail to provide developmental standards,
then the provisions of the most similar district in the Collier County Land
Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Collier County Land Development Code in
effect at the time of building permit application.
C. The development permitted by the approval of this petition will be subject
to review under the applicable provisions in effect at the time
development permits are requested.
2.3 DESCRIPTION OF THE PUD MASTER PLAN
The PUD Master Plan, including layout of streets and uses of land for the various tracts,
is illustrated graphically by the PUD Master Plan, attached hereto as Exhibit A.
2.4 PROJECT DENSITY
No more than the maximum of 584549 dwelling units shall be constructed in the total
project area.
The gross project area is ~341.12 acres. The gross project density, therefore, will be
a maximum of 1.71 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final
plans shall receive approval of the appropriate Collier County governmental agency to
insure compliance with the PUD Master Plan, the Collier County Land Development
Code and the platting laws of the State of Florida.
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2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers, sales centers and administrative offices shall be
permitted in conjunction with the promotion of the development subject to the applicable
provisions set forth in the Collier County Land Development Code.
2.7 TRACT S
A temporary sales center and administrative office is permitted in the tract designated
"S" on the PUD Master Plan, subject to the applicable provisions set forth in the Land
Development Code.
2.18 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code.
2.9g ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
With regard to t+he land areas and recreation amenities whose ownership and
maintenance responsibility is a common interest to all subsequent purchasers of
property within said development in which the common interest is located, a Master
Property Owners Associations has been established, the functions if which include
responsibility the devoloper h::1c provided the 3ppropriate legal instruments for the
cst3blichment of ::1 Master Property O..vners ^ssociation '""hose function includes
provisions for the perpetual care and maintenance of those common facilities and open
space. The Master Property Owners Association is governed and bound by the
document This document is known as the "Master Declaration of Covenants, Conditions
and Restrictions for Windstar" as recorded in Collier County O.R. Book 1075, Pages
736-755.
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SECTION III
RESIDENTIAL TRACTS:
C, D, E, F, G, H, I, J, K, l, M, N, 0, P, T
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on the PUD Master Plan as residential tracts.
3.2 MAXIMUM DWELLING UNITS
Tracts designated for residential uses shall be developed in accordance with the
standards set forth in the Collier County land Development Code and the development
regulations established in this ordinance provided the total number of dwelling units for
the entire Windstar PUD does not exceed a49584.
3.3 USES PERMITTED
The type of principal use that characterizes the initial development of any tract shall be
carried throughout the development of that entire tract.
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
2. Patio Home (Zero Lot Line)
3. Duplex
4. Townhouse
5. Villas, Multi-family
6. Recreation Community Facilities (See B.2 below)
B. Accessory Uses:
1. Customary accessory uses and structures, including carports, garages,
patios, pools, spas, tennis courts, playgrounds, decks, fences and other
accessory uses that are typically associated with similar principal uses
per the Land Development Code.
2. Recreational community facilities that serve as an integral part of a
residential tract and have been designated, reviewed and approved on a
site development plan or Preliminary Subdivision Plat for that
development. Recreational facilities may include, but are not limited to,
clubhouses and swimming pools.
3. Small buildings, enclosures, or other structures constructed for purposes
of maintenance, service or shelter.
4. Sm311 dDocks, piers. boardwalks or other such facilities constructed for
purposes of providing water access to residents of the projectlake access.
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3.4 DEVELOPMENT STANDARDS
PERMITTED USE TYPE "I" SINGLE- TYPE "II' PATIO TYPE "II'" TYPE "IV" MUL TI-
STANDARDS FAMILY HOME/ZERO LOT TOWNHOUSE FAMILY VILLAS
LINE/DUPLEX
Minimum Land Area Per
Dwelling Unit 5000 SF 3000 SF 2500 SF 2000SF
Site or Lot Width Min. 50 FT 30 FT 25 FT N/A
Avg.
Front Yard Setback, 20 FT 20 FT 20 FT 20 FT
Principal
Front Yard Setback, 10 FT 10 FT 10 FT 10 FT
Accessory
Side Yard Setback, OFT OR A MIN. OF 6 OFT OR A MIN. OF 6 o FT FOR GOLF
Principal l:hFT FT FT COURSE; ALL OTHER
10 FT
Side Yard Setback, OFT OR A MIN. OF 6 OFT OR A MIN. OF 6 o FT FOR GOLF
Accessory 1 :h FT FT FT COURSE; ALL OTHER
10 FT
Rear Yard Setback, o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF
Principal COURSE; ALL COURSE; ALL COURSE; ALL COURSE; ALL OTHER
OTHERS 15 FT OTHERS15FT OTHERS 15 FT 20 FT
Rear Yard Setback, o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF
Accessory COURSE; ALL COURSE; ALL OTHER COURSE; ALL COURSE; ALL
OTHERS 10 FT 10 FT OTHERS 10 FT OTHERS 10 FT
Max. Building 30 FT 30 FT 40 FT 40 FT
Height
Distance Between 20' OR A DISTANCE
Principal Structures N/A N/A N/A EQUAL TO :h THE SUM
OF THE BUILDING
HEIGHTS,
WHICHEVER IS
GREATER
Floor Area 1 STORY-800 SF 1 STORY-800 SF
Minimum/Dwelling Unit 1000 SF 900 SF 2 OR 3 STORY-1200 2 OR 3 STORY-1200 SF
SF WITH AT LEAST WITH AT LEAST 800
800 SF ON 1 ST FLOOR SF ON 1ST FLOOR
Lake Setback from 3.5'
Contour, Principal 20 FT 20 FT 20 FT 20 FT
Lake Setback from 38 20 FT OR 0 FT WITH o FT OR o FT OR o FT OR STRUCTURAL
Contour, Accessory BULKHEAD STRUCTURAL STRUCTURAL INTRUSION UP TO 10
INTRUSION UP TO 10 INTRUSION UP TO 10 FT ALLOWED WITH
FT ALLOWED WITH FT ALLOWED WITH BULKHEADS
BULKHEADS BULKHEADS
Min, Right-of-Way N/A UNLESS N/A UNLESS
Easement Widths for 40 FT PLATTED PLATTED N/A
Platted Roads with Valley RIGHT-OF-WAY, RIGHT-OF-WAY,
Gutter or Curb and Gutter THEN 40 FT THEN 40 FT
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TYP~"II"
PERMITT~D TYPE "I" PATIO HOME/ZERO TYP~ "III" TYPE "1'/"
USE ST/\ND/\RDS SI~JGLE FAMILY LOT L1~J~!DUPLEX TOV'/NHOUSE MULTI FAMILY VILLAS
Minimum Lane!
I\roa Per Dwolling Unit 5000 SF aooo SF 2500 SF 2000SF
Site or Lot
'.~iidth Min, /\,,"g. eO FT ao FT 25 FT NI/\
Front Yard
Setbaok, Prinoipal 20 FT 20 FT 20 FT 20 FT
Front Yard
Sottlaok, Acom;sory 10 FT 10 FT 10 FT 10 FT
Side Yard o FT FOR
Setbaok, Principal o FT OR A o FT OR 1\ GOLF COURSE; I\LL
7% FT MIN. OF 6 FT MIN. OF 6 FT OTH~R 10 FT
Side Yard o FT FOR
Settlack, f,ooeE:cory o FT OR /\ o FT OR A GOLF COURSE; /\LL
7% FT MIN. OF 6 FT MIN. OF 6 FT OTHER 10FT
Roar Yard o FT FOR o FT FOR o FT FOR o FT FOR
Setbaok, Principal GOLF COURSE; I'.LL GOLF COURSE; I'.LL GOLF COURSE; f,LL GOLF COURSE; ALL
OTHERS 15 FT OTHERS 15 FT OTHERS 15 FT OTHER 20 FT
Rear Yard o FT FOR o FT FOR o FT FOR o FT FOR
Setbaok. ACOOGcory GOLF COURSE; ALL GOLF COURSE; ALL GOLF COURSE; ,^,LL GOLF COURSE; ALL
OTHERS 10 FT OTHER 10 rq: OTHERS 10 FT OTHERS 10 FT
Max. Building
Hoight JO FT 30 FT 10 FT 10 FT
Dictance 20' OR II,
Between Prinoipal DIST.^.NCE EQUAL TO
Struotures % THE SUM OF THE
BUILDING HEIGHTS,
WHICHEVER IS
~J!,^. NlII, N!A GRE,^. TER
Floor Area 1 STORY 1 STORY 800
Minimum/D'Iielling Unit ~ SF-
2 OR a 2 OR 3
STORY 1200 SF WITH STORY 1200 SF WITH
AT LEAST 800 SF ON AT LE/\ST 800 SF ON
1000 SF 900 SF +ST ~GR +s:r~
Lake SetbaBk
from 3.5' Contour,
~ 20 FT 20 FT 20 FT 20 FT
Lake Setback o FT OR o FT OR o FT OR
from 3.5' Contour, STRUCTURAL STRUCTUR.^.L STRUCTUR.'\L
/\ooe ccory IN:r-R-YSION UP TG-W ~-lG INTRUSION UP TO 10
20 FT OR 0 FT ALLOVVED VVITH FT ALLOWED 'NITH ~-GW€:~
FT WITH BULKHE/\D B-Yk-KHE--AW ~ BULKHE.'\DS
Min. Right of N!A UNLESS N!A UNLESS
W3Y Eacement WidthE: for PLATTED PL/\ TTED
Platted R03dc with Valley RIGHT OF RIGHT OF
Guttor or Curb and Gutter WM, WM,
10 FT THEN 10 FT THEN 40 FT N!l'.
NOTE; Unless otherwise indicated, development standards apply to principal structures,
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Front yard setbacks shall be measured as follows:
(1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line.
(2) If the parcel is served by a non-piatted private drive, setback is measured from the back of curb. valley gutter or edge of
pavement.
(3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line.
3.5 OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Section 4.05.00Division 2.0 of the Collier County Land
Development Code in effect at the time of building permit application.
No recreational or commercial vehicle parking is allowed within residential tracts.
Parking within principal structures is permitted.
3.6 HOUSING TYPES
A. Sinqle Familv: A building which contains only one dwelling unit and is
intended, designed, used and occupied by no more than one family.
B. Patio (Zero Lot Line): A structure in which one wall is concurrent with a
side property line and the required minimum six foot side yard is shifted to
the non-zero side lot line.
C. Duplex: Means a housing structure containing two dwelling units either
vertically or horizontally attached.
D. Sinqle Familv Attached/Townhouse/Row House: Multiple family structure
which includes a series of three or more single family vertically attached
housing units having no separate dwelling unit above another. May be
more than one story, but no more than three habitable floors.
E. Villas: Multiple family structure containing three or more dwelling units
both vertically and horizontally attached typically with dwelling units over
dwelling units having irregular shaped exterior walls.
F. Multiple Familv: A group of three or more dwelling units within a single
conventional building, attached side by side, or one above another, or
both, and wherein each dwelling unit may be individually owned or leased
but the land on which the building is located is under common or single
ownership.
3.7 BUILDING HEIGHT
The vertical distance measured from the first finished floor to the highest point of
the roof surface of the flat or Bermuda roof, to the deck line of a mansard roof
and to the mean height level between eaves and ridge of gable, hip and gambrel
roofs. Where minimum floor elevations in flood prone areas have been
established by law, the building height shall be measured from such required
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minimum floor elevations. (See Section 4.02.01.0.1 and 2. 2.6.3 of the Land
Development Code, "Exclusion from Height Limits" and "Off-Street Parking
Within a Building")
3.8 TRACT I GOLF COURSE MAINTENANCE FACILITIES
A portion of Tract I may be used as the location of a golf course maintenance
facilities and effluent reuse pumping facilities. At such time as the golf course
maintenance facilities are no longer used, the area shall revert to a residential
tract as provided for by Section III.
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SECTION IV
GOLF COURSE AND OPEN SPACE TRACTS
TRACTS BAND R
4.1 PURPOSE
The purpose of this section is to set forth the development plan and development
standards for the areas designated as Tract B, Golf Course and Tract R, Open
Space, on the PUD Master Plan, Exhibit "A". The primary function and purpose of
this tract is to provide golf course, open space, and recreational facilities. All native
vegetation has been preserved and protected where possible.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1 . Golf Courses
2. Lakes and Water Management Facilities
3. Open Spaces/Nature Preserves (Conservation Area)
4. Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the common's areas.
5. Sm311 dDocks, piers, boardwalks, or other such facilities constructed
for purposes of providing water access to residents of the
project. b3yfront or 13ke 3CCOSS.
B. Permitted Accessory Uses and Structures
1. Clubhouse, pro-shop, practice driving range and other customary
accessory uses of golf courses, or other recreational facilities.
2. Facilities for the preparation and serving of food and beverages (both
alcoholic and non-alcoholic) for the exclusive use of patrons of the golf
course or other associated recreation amenities. The sale of
recreational equipment and associated wearing apparel, related to the
golf course or other permitted recreational facilities.
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3. Small buildings, enclosures or other structures constructediGR for the
purpose of maintenance, storage, recreation or shelter with
appropriate screening and landscaping.
4. Shuffleboard courts, tennis courts, swimming pools, playgrounds, and
other types of facilities intended for outdoor recreation.
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and
treatment of buffer areas.
B. Lighting facilities shall be arranged in a manner which will protect roadways
and neighboring properties from direct glare or other interference.
C. A site development plan meeting all of the Development Regulations shall be
required in accordance with Section 2.5 of this PUD Document.
D. Maximum Height: Forty-six (46) feet with the building height as defined in
Article 6 of the Land Development Code.
E. Minimum Off-Street Parking and Loading: As required by Section
4.05.00Division 2.0 of the Land Development Code, at the time of building
permit application.
F. Buildings shall be setback a minimum of 30' from abutting residential tracts
outside this PUD, and the setback area shall be appropriately landscaped
and maintained as a buffer zone.
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SECTION V
CONSERV A TION/PRESERVE TRACT Q
5.1 PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect the native
vegetation and naturally functioning habitat, such as wetlands, in their natural state.
5.2 USES PERMITTED
No building or structure or part thereof shall be erected, altered or used, or land
used, in whole or in part, for other than the following, subject to local, regional, state
and federal permits when required:
A. Principal Uses
1. Open Spaces/Nature
2. Sm311 docks, piors or bBoardwalks and other such facilities for the
purpose of providing water access for residents of the project, subject
to appropriate approvals by permitting agencies.
B. Permitting Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses
permitted in this District.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of Windstar.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable state and local laws, codes, and
regulations applicable to this PUD in effect at the time of local final development
order or building permit application. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall
apply to this project even if the land within the PUD is not to be platted. The
developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are hereby placed on notice that they
are required to satisfy the requirements of all applicable County ordinances or
codes in effect prior to or concurrent with any subsequent development order
relating to this site. This includes, but is not limited to, Subdivision Master Plans,
Site Development Plans and any other application that will result in the issuance of
final local development order or building permit.
6.3 PUD MASTER PLAN
A. Exhibit A: The PUD Master Plan reflects existing conditions and site
improvements made since approval of the original Windstar PUD (Ordinance
No. 81-40) on '.'138 3pproved August 25, 1981, and since approval of the
amendments to the Windstar PUD (Ordinance Nos. 82-54 and 93-23) on July
13,1982 and May 11,1993, respectively. The PUD Master Plan is also
consistent with the Plat of Windstar as recorded in Collier County Plat Book
14, pages 11 through 15.
B. All necessary easements, dedications, or other instruments have been, or
shall be granted to insure the continued operation and maintenance of all
service utilities and all common areas in the project.
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6.4 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. All adjacent projects that desire a connection to the Windstar PUD shall also
have access from a public road where geographically feasible. All streets
shall remain private with controlled access.
B. The developer shall provide a fair share contribution toward the capital cost
of traffic signal on Bayshore Drive at the main project entrance when deemed
warranted by Collier County. The signal will be owned, operated and
maintained by Collier County.
C. Windstar Boulevard west from Bayshore Drive to the intersection with
Haldeman Creek Drive shall be four-Ianed. Lighthouse Lane will serve as
access to the Harrington Sound subdivision, and Yacht Harbor Drive will
provide access to the Southpointe PUD.
D. Ingress/egress shall be provided to the sixteen residential units located in the
City of Naples parcel west of the clubhouse.
E. At the time of approval of this amendment to the PUD Document, the
Bayshore Gateway CRA ("CRA") plans to improve or "streetscape" Lakeview
Drive as part of the redevelopment of the area. The CRA, however, has yet
to determine the final improvement plans for Lakeview Drive. Accordingly,
the developer shall contribute to, and assist with, the improvements to
Lakeview Drive as follows:
1. Within 90 days of approval of this amendment to the PUD Document
(to wit: on or before , 2006), the developer shall pay $75,000
to a CRA Trust Fund designated exclusively for improvements to
Lakeview Drive. This amount represents the current cost of (1)
installing a sidewalk from Bayshore Drive, west along the length of
Lakeview Drive, to the PUD boundary; and (2) engineering and
installing asphalt for the widening of Lakeview Drive from 18 feet to 22
feet.
2. The developer shall enqineer and desiqn the water manaqement
facility for the 20.52 acre parcel which is the subiect of PUD
Amendment PUDZ-A-2005-AR-8438 to accept storm water run-off
from Lakeview Drive, The capacity of this water manaqement facility
will be determined throuqh the South Florida Water Manaqement
District permittinq process. This information shall be provided to the
County as part of the site development plan review and approval
process.
Windstar PUD Revised 8i17i06 15
Agenda Item No. 88
December 12, 2006
Page 58 of 61
6.5 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or following the
construction of, the principal structure except as allowed in the Land Development
Code and for construction site office ond related focilities such as Project
^dministrative Offices and Project Sales Officesof the Temporary Sales Center and
Administrative Office on Tract S.
6.6 SIGNS
All signs shall be in accordance with Division 2.5 of the Collier County Land I
Development Code.
6.7 ENVIRONMENTAL
If gopher tortoise burrows (active, inactive and/or abandoned) are located on site,
they shall be indicated on the Site Development Plan or Preliminary Subdivision
Plat and field verified by Collier County Project Review Services Environmental
Staff. Management plans and/or permits from Florida Game and Fresh Water Fish
Commission (if appropriate) shall be submitted to Project Review Services
Environmental Staff for review and approval. Areas of retained native vegetation
may serve as potential gopher tortoise relocation areas, if applicable.
The conservation/preserve tract shall be recorded on a replat or a separate
easement in favor of Collier County with no responsibility for maintenance and
subject to protective covenants as per or similar to Chapter 704, Section 704.06 of
the Florida Statutes.
The applicant shall be required to remove all prohibited exotic vegetation on site
and to prevent the reinvasion of prohibited exotic vegetation by maintaining the site
exotic free in perpetuity.
The 20.52-acre parcel, which is the subject of this latest PUD amendment, shall be
consistent with the applicable environmental provisions of the Growth Management
Plan (CCME) and the Land Development Code in effect at the time of final
development order approval.
All mangroves along Haldeman Creek shall be preserved, with the exception of the
impacts caused by the boardwalks/walkovers necessary for access to docks along
the shoreline of Haldeman Creek.
Windstar PUD Revised 8/17/06
16
Agenda Item No. 88
December 12, 2006
Page 59 of 61
6.8 UTILITIES
A. Future sewage collection and transmission facilities to serve the project are
to be designed, constructed, conveyed, owned and maintained in
accordance with all applicable County Collior County Ordin::mce No. 88 76,
as 3mondod, and other applic3blo County ordinances, rules and regulations.
B. All customers connecting to the sewage collection facilities will be customers
of the County and will be billed by the County in accordance with the
County's established rates.
C. Utility construction documents for future sewerage systems shall be
consistent with all applicable Collier County Ordinance No. 88 76, as
amended, and othor 3pplicable County ordinances, rules and regulations.
The Developer's Engineer shall meet with the County staff prior to
commencing preparation of construction drawings, so that all aspects of any
future sewerage system design can be coordinated with the County's sewer
master plan.
D. Design computations for future projects shall be prepared and submitted to
the County and shall contain, but not be limited to, data on sewage flow rate,
number of contributing sources, minimum and maximum flows anticipated
per run between manholes and the corresponding depths of flow, velocity
and a minimum and maximum flow condition, recommended pipe slopes,
and any additional computations consistent with all applicable Collior County
Ordin3nco No. 88 76 as amended ordinances, rules and regulations.
F :\wpdocc\L IT\GGBlAflt-afafl'liafl \Windst3 r _Fe _ Rezene \ Wi ndct3r P U D Document. wpd
Windstar PUD Revised 8i17 i06
17
Agenda Item No. 88
December 12, 2 06
Page 60 0 61
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, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRlA TE
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) AND RESIDENTIAL MULTI-
FAMILY-6 (RMF) AND RMF-6(3) TO RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) FOR A
PROJECT KNOWN AS WINDSTAR RPUD, FOR
PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF BAYSHORE DRIVE, APPROXIMATELY 0.6
MILES SOUTH OF THE BA YSHORE DRIVE AND U.S.
41 (TAMIAMI TRAIL EAST) INTERSECTION IN
SECTIONS 11, 14 AND 23, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 20.52 ACRES; PROVIDING FOR A
PARTIAL REPEAL OF ORDINANCE NUMBER 93-23,
THE WINDST AR PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Clay C. Booker of Cheffy, Passidomo Wilson & Johnson, LLP, representing
Lakeview Drive of Naples LLC, petitioned the Board of County Commissioners, in Petition No.
PUDZ-A-2005-AR-8438, 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 Scctions 11, 14
and 23, Township 50 South, Range 25 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) and Residential Multi-Family-6 (RMF) and RMF-6(3) to Residential
Planned Unit Development (RPUD) in accordance with the additions and deletions to Ordinance
Numbcr 93-23, the Windstar PUD, as reflected in the RPUD 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 04-41, as amended, the Collier County Land
Development Code, is/arc hereby amended accordingly,
SECTION TWO:
Ordinance Nwnber 93-23, known as the Windstar PUD, adopted on May 11, 1993 by the
Board of County Conunissioners of Collier County, is hereby repealed only to the extent that the
Words s!fuek tbrettgli are deleted; words underlined are added.
Page 1 0[2
Agenda Item No 8B
December 12, 2 06
Page 61 0 61
Ordinance is inconsistent with the additions and deletions set forth in the Windstar RPUD
Document attached hereto as Exhibit "An. All other provisions of Ordinance Number 93-23 shall
remain in full force and effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
Marj eM. Student-Stirling
Assistant County Attomey
06-CPS-0044GI4
Words struck through are deleted; words underlined are added.
Page 2 of2
EXECUTIVE SUMMARY
Agenda Item No. 8e
December 12, 2006
Page 1 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").
CONSIDERA TIONS: 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 10H, 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 lOH) 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 IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
FISCAL IMP ACT: 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 S272,704
-
RECOMMENDATION: That the Board approve the attached ordinance creating the Haldeman
Creek Maintenance Dredging Municipal Service Taxing Unit. Further, that the Board authorize
the Chairrnan 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
Item Number:
Item Summary:
Meeling Date:
Agenda Item No. Be
December 12. 2006
Page 2 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8e
This Item was conlinued from the November 28, 2006 BCC meeting 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 Malnlenance 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 AdvisDry
Committee: Providing for conflIct and severability; Providing for Inclusion In the Collier County
Code of Laws and Ordinances; Providing for an effective date
12112120069:0000 AM
Date
Prep. red By
Darryl Richard
Transportation Services
Project Manager
Altemative Transportation Modes
11/91200610:21:37 AM
Date
Approved By
Darryl Richard
Transportation Services
Project Manager
Alternative Transportation Modes
11/912006 10:23 AM
Date
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
11/912006 1:04 PM
Date
Approved By
Margaret A. Bishop
Trnnsportation Services
Project Manager
Storm water Management
111912006 1 :36 PM
Date
Approved By
Diane B, Flagg
Transportation Services
Director A TM Director
Altemative Transportatlon Modes
1119/20064:08 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Trllnsportatlon Division Administrator
Trnnsportation Services AdmIn.
11114/20069:10 AM
Date
Apprnved By
Sharon Newman
Transportntion Services
AccountIng Supervisor
Transportation Services Admin
11115120063:19 PM
Date
Approved By
Scott R. Teach
County Attorney
p,ssistant County Attorney
County Attorney Office
11115120063:39 PM
Date
Approved By
Pat Lehnhard
Transoortation Services
Executive Secretary
TransportD.tion Services Admin
11/15/20063:47 PM
Date
Approved By
OMS Coordinator
County Manager's Office
~,dministrative Assistant
Office of Mnnagement & Budget
111161200610:51 AM
Date
Approved By
w'ark Isackson
Count~1 Manager's Office
Budget Analyst
Office of Management & Budget
11/16/2006 11 :01 AM
Date
Approved By
James V. Mlldd
Board of County
Commissioners
County Manager
S::::Ur1ty Man:Jger'::; Offi:::c
11/1612CO€ 2:48 PM
Agenda Item No. Be
December 12, 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; PROVIDI1\G FOR INCLUSION 11\ 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 determined 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 RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUJ\'TY, 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 Jaw,
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 MSTU 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. Be
December 12, 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 f0l1h 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 telm of three (3) years.
C. One (I) Member shall be appointed for a term of four (4) years.
Agenda Item No. 8e
December 12, 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 1\0.
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 15t 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 ~1anager 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 1 st of each year, the County Manager or his designee shall be
Agenda Item No, Be
December 12, 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 ofthe 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. 8e
December 12, 2006
Page 7 of 25
SECTlON THIRTEEN. Inclusion in the Code of Laws and Ordinances.
The provisions oftrus 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, 2006,
DA TED:
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRi\NK HALAS, CHAIRMAN
Approved as to fonn and
legal sufficiency:
Scott R. Teach,
Assistant County Attorney
Agenda Item No. 8e
December 12, 2006
Page 8 of 25
Exhibit "A"
The Haldeman Creek Dred!!in!! MuniciDal Service Taxin!! 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,89022'57"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 PLATLlNES FOR THE NEXT (8) CALLS,
(1) THENCE N,00023'57"E. FOR 11,05 FEET;
(2) THENCE N.51036'02"E, FOR 309,05 FEET;
(3) THENCE N.64013'11"E, FOR 80.05 FEET;
(4) THENCE S.51036'02"W. FOR 5,00 FEET;
(5) THENCE S.38023'58"E, FOR 404.47 FEET;
(6) THENCE N.51036'02"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,38023'58"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,38023'36"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.38023'36"E,
FOR 59.24 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, S,50049'31''W, FOR 131.60 FEET;
THENCE N,89035'01''W, FOR 353.34 FEET;
THENCE S.00000'20"E. FOR 60.00 FEET;
THENCE N.89041 '20''W, FOR 420.00 FEET;
THENCE N.8JD26'59''W, FOR 22.00 FEET;
THENCE N.89056'20''W, FOR 135,00 FEET; TO A POINT ON THE EAST RIGHT-OF-
WAY OF DOMINION DRIVE,
THENCE N,00003'40"E, FOR 128,12 FEET;
THENCE S.89036'10"W, FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT-OF-
WAY OF DOMINION DRIVE,
THENCE ALONG SAID RIGHT-OF-WAY, S,00003'40"W. FOR 474.69 FEET;
THENCE S.89052'50"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.89052'50''W, FOR 350.00
FEET;
THENCE N.OOoOO'OO"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 60016'34" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.29055'35"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 60001'13" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N,29055'35"E, FOR 40.18 FEET, TO ;
THENCE S.89052'50"W, FOR 1 00.00 FEET;
THENCE S.OooOO'OO"E. FOR 89.89 FEET;
THENCE 8,89051 '30"W. FOR 700.00 FEET; TO A POINT ON THE EA8TERL Y RiGHT-
OF-WAY OF BAYSHORE DRIVE,
Agenda Item No. 8e
December 12, 2006
Page 9 of 25
THENCE CONTINUE S.89051'30"W, FOR 100.00 FEET; TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF BAYSHORE DRIVE,
THENCE ALONG SAID RIGHT-OF-WAY, S.OooOO'OO"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 89050'27" AND BEING
SUBTENDED BY A CHORD WHICH BEARS S,44055'13'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.89050'27"W. FOR 1,215.98 FEET;
THENCE S.55035'14"W, FOR 60.57 FEET;
THENCE S.89035'14"W, FOR 325,71 FEET; TO 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 CONTINUING ALONG SAID PLATLlNE FOR THE NEXT (3) CALLS;
(1) THENCE N,00013'OTw' FOR 132.86 FEET;
(2) THENCE S,89035'11 "E. FOR 30,47 FEET;
(3) THENCE N.00013'OTw' FOR 1,335,47 FEET;
THENCE LEAVING SAID PLATLlNE, S,82000'10"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.76041'21"W. FOR 164,00 FEET;
(2) THENCE S.22049'49"W. FOR 61.06 FEET;
(3) THENCE S.5002T04''W. FOR 101.55 FEET;
(4) THENCE S.58051'50"W, FOR 56.28 FEET;
(5) THENCE N.84040'34'W, FOR 72.34 FEET;
(6) THENCE S.7600T4T'W. FOR 113.00 FEET;
(7) THENCE S.54005'36"W. FOR 90,85 FEET;
(8) THENCE S.25009'38"W, FOR 25,65 FEET;
(9) THENCE S.17003'56"W. FOR 23,41 FEET;
(10) THENCE S, 11 001 '23"E. FOR 55,54 FEET;
(11) THENCE S.04020'38"W, FOR 94.75 FEET;
(12) THENCE S.32014'25'W, FOR 159.05 FEET;
(13) THENCE S,Or38'14"E. FOR 34,43 FEET;
(14) THENCE S.35032'2T'E. FOR 94.54 FEET;
(15) THENCE S.03016'5T'W. FOR 292,24 FEET;
(16) THENCE S,4203T09'W FOR 111.02 FEET;
(17) THENCE S.20033'59''W. FOR 99.26 FEET;
(18) THENCE S.21 022'23'W FOR 71.83 FEET;
(19) THENCE S.52012'31"W. FOR 408.66 FEET;
(20) THENCE S.62028'18'W, FOR 230,33 FEET;
(21) THENCE S.30040'44'W FOR 192.53 FEET;
(22) THENCE S,17019'34'W, FOR 219,43 FEET;
(23) THENCE S,44020'44'W FOR 94.89 FEET;
(24) THENCE S,58045'28'W FOR 215,33 FEET;
(25) THENCE S,05021 '48'w' FOR 42,63 FEET;
(26) THENCE S.06059'10'W, FOR 376,44 FEET;
(27) THENCE S,52038'49'w' FOR 245.54 FEET;
(28) THENCE S.8r24'12'W FOR 105.57 FEET;
(29) THENCE S.50011 '00'w' FOR 11,53 FEET;
(30) THENCE S.11039'26"E. FOR 79.74 FEET;
(31) THENCE N,6r33'55"E. FOR 13,98 FEET;
(32) THENCE S.21 004'35"E. FOR 1 04.77 FEET;
(33) THENCE S.70016'20"E. FOR 48.32 FEET;
(34) THENCE N,79053'45"E. FOR 98.25 FEET;
(35) THENCE N.59011 '08"E. FOR 124.42 FEET;
(36) THENCE S,59051 '49"E. FOR 22,11 FEET;
(37) THENCE S.06034'3TW FOR 208.89 FEET;
(38) THENCE S.61 o36'29'W FOR 112.07 FEET;
(39) THENCE S,89030'13'W FOR 119.20 FEET;
(40) THENCE S.51 o13'33'W FOR 86.86 FEET;
(41) THENCE S,35033'53'W FOR 84.64 FEET;
(42) THENCE S,4304T56'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. 8e
December 12, 2006
Page 10of25
BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THENCE N.00012'53'W, FOR 203.32 FEET;
THENCE N.00009'12'W, FOR 643,41 FEET;
THENCE CONTINUE N.00009'12''W. FOR 1,391.07 FEET;
THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B,
N.14045'47"E, FOR 199.17 FEET;
THENCE N.00006'21 "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.00043'42'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.89031'33"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.00038'25''W. FOR 1,374,49 FEET;
TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR,
THENCE ALONG SAID NORTH BOUNDARY LINE, N,89033'52"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.00033'08''E. FOR 616.83 FEET;
THENCE S.89032'43"W, FOR 623,36 FEET;
THENCE S.00035'47''E. FOR 166.00 FEET;
THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR,
N,89032'43"E. FOR 150.81 FEET;
THENCE S.00035'07''E. FOR 100.00 FEET;
THENCE N,89019'24"E, FOR 159.27 FEET; TO THE WEST RIGHT-OF-WAY LINE OF
ARBUTUS DRIVE,
THENCE S.00035'47''E. FOR 992,99 FEET;
THENCE S,77052'26"W, FOR 255.21 FEET;
THENCE N.00035'47'w' FOR 994.00 FEET;
THENCE S.89024'13"W, FOR 20.00 FEET;
THENCE N,00035'47'w' FOR 50,05 FEET;
THENCE S.89032'41"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.00035'47''E, FOR 1,086,59 FEET;
THENCE N.77"52'26"E, FOR 684,32 FEET;
THENCE N,00oOO'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.89059'03"E. FOR 297,97 FEET; ALONG SAID RIGHT-OF-WAY LINE,
THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52''E. FOR 252.07 FEET;
THENCE N.89053'08"E. FOR 60.00 FEET;
THENCE N.00006'52'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.89059'03"E. FOR 270.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, S,00006'52''E. FOR 252.D7 FEET;
THENCE N.89053'08"E. FOR 60,00 FEET;
THENCE N,00006'52'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.89059'03"E. FOR 270,00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52''E, FOR 252.07 FEET;
THENCE N.89053'08"E. FOR 60.00 FEET;
THENCE N.00006'52'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,89059'03"E. FOR 270,00 FEET; TO A
POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE,
THENCE S.37024'59"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.89053'D8"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. Be
December 12, 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.00006'52'W. FOR 799.75 FEET;
(2) THENCE N.89057'01"E. FOR 44.86 FEET;
(3) THENCE N,00006'20'W. FOR 10.38 FEET;
(4) THENCE S,64007'22"E, FOR 45.88 FEET;
(5) THENCE N,38009'22"E, FOR 205.26 FEET; TO THE WESTERLY RIGHT-OF-
WAYOFU.S,41,
(6) THENCE ALONG SAID RIGHT-OF-WAY, S,51050'39"E. FOR 115,49 FEET;
(7) THENCE LEAVING SAID RIGHT-OF-WAY, S.38009'32"W, FOR 190.01 FEET;
(8) THENCE S.51 o50'42"E. FOR 89,71 FEET;
(9) THENCE S,00053'09"E. FOR 220.16 FEET;
(10) THENCE N.88053'51"E, FOR 147.79 FEET;
(11) THENCE N,01 o06'06"W. FOR 1 00.00 FEET;
(12) THENCE S,51 050'11"E, FOR 10.78 FEET;
(13) THENCE N.01 o06'09"W. FOR 245,43 FEET; TO THE WESTERLY RIGHT-
OF-WAY OF U,S,41,
(14) THENCE ALONG SAID RIGHT-OF-WAY, S,51050'34"E. FOR 15,05 FEET;
(15) THENCE LEAVING SAID RIGHT-OF-WAY, S,00042'52"E. FOR 653,02 FEET;
(16) THENCE S.89058'17'W. FOR 4,98 FEET;
(17) THENCE S.00042'52"E, FOR 291.22 FEET;
(18) THENCE N.89055'57"W. FOR 9,98 FEET;
(19) THENCE S.00042'55"E, FOR 672,72 FEET;
THENCE N.89049'00"E. FOR 145.13 FEET;
THENCE S,00019'20"E. FOR 30.00 FEET;
THENCE N.89049'00"E, FOR 450.63 FEET;
THENCE N.00019'20'W. FOR 30.00 FEET;
THENCE N,89049'00"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. Be
December 12, 2006
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MSTU AREA
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060178,00 ! NUMBER: OF NUMBER:
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Agenda Item No. 8e
December 12, 2006
Pa e 13 of 25
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SKETCH AN D LEGAL DESCRIPTlON
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Agenda Item No, 8e
December 12, 2006
Pa e14of25
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY ,
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L2 11.05 NOO'23'S7" E L19 4 74, 6~_i_;;ocrO~'4Q~V~
L3 309.05 N51'36'OZ"E L20 354.56 S89"5Z'SO"W
L4 Sa.05 N64'13' 11" E L22 290,00 S89"Sl'21"W
~S 5.00 S51'36'02"W L23 351.0' NOO' 00 '00" E
L6 404,47 538'Z3'58" E L24 100,00 589'S2'SO"W
L7 9a,OO NS1'35'02"E L25 B9.89 500'00' OO"W
~...LB.,. ..,. 1 28.~ 7 538'23'58" [ L26 700,00 5B9'Sl '30"W
L9 190,55 538'23" .:l6" E L133 291.22 50:r 42'52" [
LID 59.24 538'23"30"[ L 134 9,98 NB9'5S'S7"W
Li 1 131,60 S50'49'31"W L135 672,72 500"42'55" E
L ,2 353,34 NB9'35'O'''W ~136 145,13 N89'49'OO" [
L ~ 3 60.00 500'00'20' E L137 30.00 5eO'19 '20" E
L14 420.00 NB9'41'20"W L138 450.fi.1 N89' 49 'DO" E
V5 22.00 N8726'S9"W L139 30.00 NOD' 19'20"W
L~6 135.00 N89.S6'20"W L140 77. :3 '\89'49'00" E
L17 128.12 NO()03' 40" E
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6610 Wllklw Park Dnve, Suite 200 CHE'Cl-;ED av; MSTU AREA
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Agenda Item No, 8e
December 12, 2006
Page 15 of 25
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COLLIER COUNTY
HALDEMAN CREEK
MSTU AREA
ShEEI 4 1 4
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FILE
NUMBER:
60178L04
SANDPI PER
BAY CLUB
Agenda Item No. 8e
December 12, 2006
Pa e 16 of 25
LEGAL I bESC~llpTIONJ".- '- ~:-'~
~: THIS IS NOT I A SURVtL/~ 1.---
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589" 35'14" W '\ \ _______ ,,'V
NOCT13'07'W ____,.-/ )'?J V
589" 35' 1 1" E ______ L I\- , \..
NOO'1.3'07'W _______ L40
5B2'00'10"W ~
57S41'21"W
522" 49' 49"W
S5D"2T04"W
SSB'Sl'5(j'W
NB4'40'34"W
S7S'01'47'W
SS4'05'36"W
S25'09'38"w
S17"03'S6"W
S1 1'01 '23"[
504'20'38"W
S32"14'25"W
S07 38'14" E
S35' 32'27' [
SOJ.'jS"57"W
S42'37'09'W
S2cr33'S9"W
521"2Z'23"W
S52'12'31"W
5S2'2B'18"W
53C'40'44"W
SlT19'3t."W
SKETCH
I
AND
...~
-,----- '"
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//
1 \
LINE
L31
U2
U3
U4
U5
U6
L37
U8
U9
L40
L41
L42
L43
L44
L45
L46
L47
L48
Lt.8
LSD
L51
L52
L53
l.54
L55
L56
L57
liNE TAB~E
LENGTH
325.71
132.86
30.47
, 335.47
156.35
164.00
61.06
101.55
56.28
72,34
113.00
90.85
, 25,65
23.41
55.54
94,75
159,05
34.43
94,54
, 292.24
'" ,02
99.26
71.83
408,66
230,33
102,53
219,4j
-- .-----
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SEE SHEET 6
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//
R.w.A, INC, STATE OF' r_ORIOP, BUSINESS CERTIFiCATE NO. E8-0007663
DNOV. 2006 ClIENT:
COLLIER COUNTY
HALDEMAN CREEK
MSTU AREA
- O'lTA lNC~=~on
CONSULTING Civil ~gineering
..&. '-, , .L .... Surveymg & Mapping
61110 Willow Pall< Drive, Sui1e 200
Naples, FloMda 34109
Phone: (239) 597,0575
FAX: (239) 597.{]578
SC4~E:
NTS
..
DRAWN BY;
TITi_E:
RY
!;HECKF~ BY:
RGC
SEC, r,'/p, RCE, PRO-JECT
1 -14 50S 25:: NU'-lBER:
SH::ET 5 1 4
NUMBER; OF
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NUMBER'
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60178L05
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157
L58
L5~
SKETCH
BEARING
S1719',34"W
S4.4'20''''4''W
SS8'4S'2S"W
SOS'21''''S''W
S06'59'10"W
S573A'''-9"W
S8724'12"W
SSO.,1 'OO"W
511' .39'26" E
N67' .33'S5" E
5 ,'04'35" E
S7G' 15'2D" E
~179'53'45" E
'<59' 11'08" E
559'0"49"E
SOF34'37"\\'
561'36'29"\\'
S89',30'l,3"\\'
S.;;.f1 X}3':W_-,
S,35',3Y5:;"\\, i
S43' 47' 56" W
NOO'17',,:,"W
rjOO'09'12"W
NOS'09';2"\V
Agenda Item No. 8e
December 12, 2006
f
\ --
./----.
L60
215.33
42,63
.376.44
245.54
'05.57
" .53
79,74
13.98
104.77
"-8,32
98,25
124.42
22,11
20S.89
112.07
110,20
86.86
84,64
13555
20.3.32
643.41
1391.07
/
r'
AND
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LEGAL DESCRIPTION
SURVEY-
THIS IS NOT A
I
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S::E SHEET 7
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W
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CL
<(
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LL
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L61
L62
L63
L64
LB5
LG6
L67
L08
L69
c70
L71
~72
L73
L74
L7S
L76
L77
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L79
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RW,A" INC.
Nov roo 2006 - 16.22~42 0.\2005\060178.00(1) Hm:.t.lm:;lil Cre~k ~e<;~:Jm~:O,,\OO02 le<,iOI ~s,;..ipt"a.r.s\D60178LDI5.(J1V9
STATE OF FLORIDA BUSlijESS CERTIfiCATE NO, E80007563
D\XTA mC~~OD
CONSUL TING Civil Engineering
..... '-, , .L .A. Smveying & Mapping
5510 Wi~o",. Park Drive, Suite 200
Naples. Florida 34109
Prone: 12'J91 597.0575
FAX: (239) 'S97-()S78
~AT~ ell ENT:
NJV. 2006
SCAlE
N1S
OR~'NN Sy.
TILt::
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C~-:'::CK~O SY:
RGC
SEC- rwP; RC:; PROJEC-;
1 - 14 50S 25E NUMAfR:
WINOSTAR
TRACT '3
MATCHLlNE
SEE SHEET :5
o
<D
--.I
CD
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vVINDSTi\R
SUBDIVISION
COLLIER COUNTY
HALDEMAN CREEK
AREA
1 4 ~ILE
c~ '-UMBE'<:
06017800
MSTU
I SH,r 6
: NUMBER
60178L06
Agenda Item No. 8e
December 12, 2006
Pa e 18 of 25
"
_..~-
I
SKETCH AND LEGAL DESCRIPTION
fl ,------
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/ ~~/" ~
// (;<<:-<<J /
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/, ,::::.v TRACT B
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(
THIS IS NOT A SURVEY
MATCHLlNE
SEE SHEET 8
MARLIN DRIVE
r-
CD
U1
L84
\:1
SANDPIPER
BAY CLUB
SEE SHEET 5
UNF. TABLE
LINE LEN3TH
L80 1391.07
LS1 19!1.17
L82 427.72
~uL83- -j'295.38
L84 13C5.55
LB5 1374.49
BEARING
NOO' D9'1 2" 'Ii
N14'45'47'E
NOO'06'2,"E
NOO' 43' 42" 'Ii
NB9'31'33"E
!\'00"36'25"W
j
R.-N.A., INC, STATE OF FLORIDA BUSINESS CERTIClCATE NO. E8-:xl0765.3
Noy 07 2006 - J7~ov.'9 O:\2006\06D1780~lOO Ha/dMTI(Jr> C-nlJJt Hdstaral.0II\OOO2 L.i!I'!l'al Ot#~'plio".\050~78~DS,dwg
,-.D'1 TA INCp~g.
II \ VISualization
CONSUL TING Civil Engineering
..... '-, , .I.. ~ Surveying & Mapping
6610 WilolY Park Drive, SUile 200
Naples, Florida 34109
Ph""., (239) 597.0575
FAX; 1239) 597,0578
O~DV. 2005 CLIENT
COLLIER COUNTY
HALDEMAN CREEK
MSTU AREA
SCALE.
NTS
DRAWN BY;
1ITLE:
RY
CJ.-ECKE'D BY:
RGC
s~c TW?, RG<:' PR8JECT
1- 14 50S 25E NUMBER:
SHEET 7 1 4
NUMBER: OF
fiLE
NUMBER:
060178,00
60178L07
SKETCH AND LEGAL DESCRIPTION
: THIS ,S ~mT A SJRVEY
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R.W.A., I~C. SPJE OFclORIDA BUSINESS CERTIFICATE NO. EB- :007663
\ov '0, 2005 - Hi:25:15 Q:\2C06\Ot1J!78,OOOO holdem~n ~'l:'~1r Re~for.:]tlOIl\aoo~ l~al De~e.lo'io",II\"8~~lBL06d..;-
D\XT^INC~=tion
CONSUL TING Civil Engineering
...... "" , ~ JL. Surveying & Mapping
0610 l'Iulow ?a>k Dr,"e. Suite 200
Naples, Flvrida 341 09
Phone: 12:19) 597 '()575
FAX: (239) 597.0578
DATE: Ci~i:-".~T:
NOV. 2005
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LIN[
LBS
LB6
L87
L88
LB9
L90
L91
L92
L93
_94
L95
L96
L97
L98
199
Ll00
L;O~
c 102
LINE TABLE
LENGTH
1374 "-9
1247.66
616.S3
623,36
166.00
~50.8;
100.00
159.27
992.99
255.21
994.00
20.00
50.05 1--
40.00
1086.59
584.32
13' .01
257.97
Agenda Item No, 8e
December 12, 2006
Pa e 19 of 25
. .
. .
. .
. .
.__...._,._ _..____._'__'.'U
,...._-------:---~-_..~._. -..-
BEARING
NOO'3S'25"W
N99'33'52" [
5:10'33'08"[
S89'32'43"W
S00"35'47' E
NS9"32'4S'[
500"35'07' [
N89' 1 9'24" E
500'35'47'[
S7T52'26"W
NOC' 35'47'"W
:;il~:24'U:)'I_
NOC' 35 '47" W
589'32'41"W
500'35'41' [
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'1:10'00'42" [
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COLLIER COUNTY
~..(:ALE"'
RY
HALDEMAN CREEK
MSTU AREA
D~AYfN BY: TiTLE:
C'.;....rcx;:::::. BY
RGC
.-....
S~C: :WP; RGE: PRO JE CT
1-1~5CS 25E NLWBER.
060178,00
5~ E~ 8 1 4
NUMBER: 0"
FilE
NUMBER:
60178L08
Agenda Item No. Be
December 12, 2006
Pa e 20 of 25
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
(/ '"
'. '-1~
liNE TABLE LINE TABLE 4~
LINE LE"IGTH BEARING LINE LENGTH BEARING . 'I ~
L102 297.97 589"59 '0.3" E L118 44.86 NBg" 7'01"[
L103 252.07 SOc;06'52" L'19 10.38 NOD"OS'ZO"W -<!~
L104 60.00 N89'53'OS"E L120 45.88 564'07' 22" [ W
L105 251.93 ~00"06'52"w L121 205.26 N38'09'22" E >
L105 270.00 589' 59 '03" E L122 115.49 551'50'39"E cr:
,
Ll07 252.07 SOO'06'52"E L123 190.01 S38'09'32"W 0 ,
L108 6000 N89'53'OS" E L124 89.71 551'50'42"
Ll09 251.93 NOO'06'52"W L125 220.16 500"53'09" E
Lll0 270.00 589'59'03"'E L126 147.79 NaB"53'51"E W
L 111 252.07 soa-os'57 E L 127 100.00 N01'OS'OS"W cr::: r
L 112 50.00 NB9"53'OB" E L 12S 10.7B 551'50' 1 I" E 0
LI13 251.93 NOO'OS'S2"\'1 L129 245,43 ND1'05'09"W I ~
(0
L114 270.00 SB9'59'aS' E L130 15,05 551'50'34"E (f)
L115 165.01 53724'59" E L131 653,02 500' 42 '52" E ~ ~ <7<26'
L116 193,85 N89'53'OB" :: L132 4,98 589'58'17" W
L117 799.75 NOD' 06' 52"1'1 L133 291.22 500' 42'52" E N r-
CD [}1
~ r
....-----r--.-. "-'. .. --..J ~
l 1 r L126 U
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1 . ~8-Ll:c2
2rl: . r r
1116
L1C6
L 110
o 0
C-' 111
r ~
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SEE SHEET 3
Ll04
l108
L 112
HALDEMAN
CREEK
CANAL
c
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( "~~
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\ \ \ \ \
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Un\! 20 2rxJ6. - 13:0!~ 17 Q:\2006\050178.oooo I.fQJiJemr3f'J Crllelf _rr~IClrQUon\OQ02 L~g,,1 D&!'Cri?~ioffll:\Of5D17BL09 dlW}
R,W.A" INC.
ST."TE :Jf HORIOA 8JSINESS CERTIFICATE NO. E8-oo07663
D\Xh^INC
. - Planning
Visualization
CONSULTING CivilEngineering
..&. ....., , .L JL. Slm'eying & Mapping
DATE: CLIENT:
NOV, 20D6
RY
TITLC:
COLLIER COUNTY
HALDEMAN CREEK
MSTU AREA
SCALE,
NTS
OR-AWN Ry:
6510 WiDow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597.QS75
FAX: (239) 597.0578
CHECKED BY:
_._[':GC
SEe, ,wp, RGE, PROJ ECT
1 - 1 4 50S 25E NUMBER:
06017800
SHEET 9 1 4
NU~\BER: OF
FILE
NUMBER:
60178L09
Agenda Item No. 8e
December 12, 2006
Page 21 of 25
]
SKETCH AND LEGAL DESCRIPTION
ThiS IS NOT A SU ~VEY
LEGAL DESCRIPTION
A PA~CEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S,
RANGE 25E COLLIER COUNTY, FLORiDA, BEING MORE PARTICULA~L Y
DESC~IBED AS FDllOWS:
BEGINNNG AT A POINT BEIN::; THE NORTH EAST CORNER OF SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST; WfllCI-i :S ALSO THE NORTH EAST
CORNER OF lO, 118 OF THE NAPLES GROVE AND TRUCK COMPANY S LITTLE
FARMS No 2 AS RECORDED IN PLAT BOOK I, PAGE 27 OF THE PUBUC
RECORDS OF COlliER COJNTY, FLORIDA
THENCE S 89'2257 E. FOR 33343 FEET; TO A POINT ON THE WEST LINE OF
TRACT S, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41
OF THE PUBLIC ~ECO;:(DS 0'- COLLIER COJNTY, FLORIDA AND CONTINUING
,6,lONG THE SAID PLATlINES FOR THE NEXT (8) CALLS,
(1) THENCE NOQ'23's7"E FOR ',105 FEET;
(2) THENCE N 51'36 02 _ FOR 309 J5 FEET;
(3) ThENCE N6413'11"E FOR 80.05 FEET;
(4) THENCE 551'36'02 W FOR 5.00 F::ET;
(5) THENCE 5.382358 E FOR 404.47 FEET:
(6) THENCE N.51'36'J2";:: FOR 9800 FEET; TO A POINT ON -HE WESTERLY
RIGHT-OF-WAY OF US. 41,
(7) THENCE ALONG SAID RIGW-Or-WAY S 38'23'58'E. FOR 128,47 FEET: TO
A POINT LYING ON T.'-lE NORTH SIDE OF A DRAIN,A,GE EASE\1Et\T DESCRiBED IN
DEED BOO\'( 28 PA8E 193 OF THE :JUBlIC ~:::CORDS OF COL:_IER COUNTY,
FLORIDA.
(8) T'-lEt\CE CONTINUING A'_ONG 9,11) RIGW-OF-WAY OF U.S 41,
S.38'2336"'E ,DR 19055 FEET; TO A POINT LYING ON ihE SOUTH SIDE OF
A DR.6,INAGE Ei'.sEME~JT DESCRIBED If~ DEED BOOK 28, PAGE - 93 OF ThE
PUBLIC RECORDS OF CO:..L ER COUNTY. FLORIDA
-f.j=-NCF CONTINUiNG ,A.LONG SAID RIGI-T-OF~WAY OF US 4': S 3823'36"[
FOR 59 24 FEET:
-HENCE lEAVING S,A.ID RiGH- -a=- -'N!'-,Y, S 5049'31" VV FOR 131 6J FEE,;
THENCE N 8935'O,"W FOR 35334 FEET;
THENCE S 0000'2;:)" E FOR 60 00 _~"
THENCE N 89"4120W FOR 42000 FEE-:
T:--IENCE N S7"26'59"W FOR 2200 FEET:
T--iENCE N.89'56'20 W. FOR 135.00 ::-::E;; TO A. POINT ON IHE :.ASr
RIGHT -OF -WP-Y 0::- )O~v1INION DRIVE.
THENCE ND003'40"E FOR 12812 FEE;;
THENCE S 89'36 10 W. ro~ 5CJ.::J9 rtTT: TO A ::>OINT ON THE WES-
RIGhT-OF-WAY OF DOfvilr-"ION DRIVE,
THENCE ALCI\jG SAID RIGH-'CF-WiW. S OG'03'40"W FOR 47469 F'EET;
;HEt--JCE S 8952'50"W. FOR ~j54 56 FEET; A:.ONG THE NORTH ;:<iGHT-o;--WA,Y
OF ARECA AVE AS DESCRiBED It-.J SU3DiVSION OF BLOCK F, SA.B.A.L SHORES
AS R::CORJED :N PLAT BOOK 4 PAGE 40 OF THE PUBle RECORDS OF
COLLiER COUNTY. FLORID)'.
THENCE S 89'5" '21"W FOR 290 OJ ITET;
NcN r5, 2006 ~ 14;~ r 14 O:\20<lS\060r 7B.OC.OO rl.ol::/etnO" r...,.,,,k Rllri€H~irm\0002 u'";la,' Du~r;pli",.\0E1l178L.'0 0"';0
R.lVA, ING. 5T~.TE OF FLORIDA BUS'NESS CERTIFlCATE NO. [3-0807663
0\11 AINC~=tion
CONSULTING Civil Engineering
..L '-, , .L .... Smveying & Mapping
~AfS' CLl~\rr
NOV, 2006 ~. t:
COLLIER COUNTY
SCALE
r\jTS
RY
TITt r.
lit Le....
HALDEMAN CREEK
MSTU AREA
060178..00 I ~~~~ER 10 OF 1 41 ~1'~~1BER:
60178L10
1)l?~W~ 8"':
6iil0WilJow Park DI've, Suile 2CD
N3p1es. Florida 34109
Phone: (239) 597.(1575
FAX: (239) 597-3578
CHECKED BY
RGC
SEe: TN? R::;E: PROJECT
-; - i 4 SC3 2~::: ;.~~.H..9~R;
Agenda Item No, 8e
December 12, 2006
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
J
THENCE N.OO"OO'OO"E. FOR 351.01 rEET; 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, THROUGH
A CENTRAL ANGLE OF 60' 16 34' AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.29"55'3S' 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 6001'13" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N 29'55'35' E FOR 4018 FEET, TO ;
THENCE S 89'52 50"W FOR 1 0000 FEET;
THENCE SOO"OQ'OO"W FOR 8989 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 10000 FEET; TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF BAYSHORE DRIVE,
THENCE ALONG SAID RI:;HT -OF -WAY S 00'0000":: FOR 469 63 FEET;TO A
POINT OF CURVATURE;
THENCE LEAVING SAID RIGHT-OF~WAY, SOUTHWESTERLY 39.20 FEa, ALONG
T-IE ARC OF A TANGENTIAL CIRCULAR CURVE TO T:-lE RIGHT, HAVING A RADIUS
OF 25 00 FEET THROUGH A CENPAL ANGLE OF 89'SO'27' AND BEING
SUBTENDED BY A CHORD WHICH BEARS S 44"55'13"','1. FOR 3531 FEET, TO A
POINT ON THE NORTH RIGHT-OF-WAY OF L6,KEVIEW DR!VE AS SHOWN IN GULF
SHORES SUBDIVISION AS RECORDED !N PLAT BOOK 4 PAGE 50 OF THE
PUBLIC ,~ECORDS OF COLLIER COUNTY, FLORIDA ;
THENCE S 89'SO'27"W FOR 1,21598 FEET;
THENCE S 5S'3S'14"W FOR 60.57 FEET;
THENCE S 89"35'14 W FOR 32571 FEET; TO 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 COLUER COUNTY,
FLORIDA AND CONTINUING ALONG SAD PLATLINE FOR THE NEXT (3) CALLS;
(1) THENCE '" 00" 1.3C1' ',Iv FOR 132,86 FEET;
(2) THENCE S 89' 35' 11" E, FOR 30.47 FEET;
(3) THENCE N OO'1Y07"W, FOR 1,33547 FEET;
THENCE L::AV!NG SAID PLATLlNE. S 82'OO'10"W, FOR 156.35 FEET; ALONG TrlE
EAS7ERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754.
PAGE 2850 O~ THE PUBUC RECORDS OF COLLIER COUNTY FLORIDA FOR THE
NEXT (42) CALLS,
(1) THENCE S 76'41'21' W FOR 16400 FEET;
(2) THENCE S 224949"W FOR 61 06 FEET;
(j) THENCE S S0'27'04"W FOR 1 O'i 55 FEET;
(4) THENCE S 58'51'50 W FOR 56 28 FEET;
(5) T-IENCE N 84'40 3L"W FOR 72,34 FEET:
(6) THENCE S 76'(J7'47"W FOR 11300 FEET;
(7) THENCE S.5405 36"W FOR 9085 FEET;
(8) THENCE S 2S'09'38"W FOR 2565 FEET:
(9) THENCE S 1703'56' W. FOR 23.41 FEET;
(10) THENCE S 11'01'23"[ FOR 5554 FEET:
(11) TH::NCE S 04'20 3S"W ,"'OR 9475 FEET;
(12) THENCE S 32' 14'25' W FOR 159.05 FEET;
~Jov 20 2DlJG - 13:c..:55 0:\2005\ 050118 00.00 fklld"man CrnN Rerlor~Jion\OOG2 .t~9'" 0e!:criptiO'ls\Q6~'laU r ct.!:'
RW.A., INC. STATE OF FlORID.~ BUSINESS CERTIFICATE 'W, ES. 0007563
D\XTA INC~~on
CONSUL TING Civil Engineering
..&.. ~, , .I.. ..... Smveying & Mapping
DA-"- Ci '~I\T'
NOV. 2006 -', .
RY
TITLE:
COLLI ER cau NTY
HALDEMAN CREEK
MSTU AREA
SCALE'
NTS
DRAWN ~y"'
6610 Willow Par. Drive, Sull. 200
Naples, FIDrida 34109
Pnon.: (239) 597.0575
FAX: (239) 597-(1578
(;1""t:CK~D err-
RGC
SEC' TWP, aCE, P~O.JECT
1-'4505 25E NU~BE~
060178 00
~~~~ER: 1 1 OF 1 4
FilE
NUMBER:
60178L11
Agenda Item No. 8e
December 12, 2006
Page 23 of 25
I
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
(13) TH~NCE 5 D7'38'14"E FOR 3443 FEET:
(14) THENCE S 35'32'27"E, FOR 9454 FEET:
(15) THENCE S03'16'57"W FOR 29224 FEET;
(16) THENCE S 42"37 09"W FOR 111 02 FEET;
(17) THE\lCE S 2033'59 W cOR 99 26 FEET;
(18) THENCE S 21'22'23 VI ::-OR 71,83 FEET;
(' 9) THENCE S 52"1231"W ::-OR 40866 FEET;
(20) THENCE S 62'2S'18"W FOR 23033 FEET;
(21) THENCE S 3C'4D'44"W FOR 19253 FEET;
(22) THENCE S 1 T 19'34" W FOR 219 43 FEET;
(23) THENCE S 44'2044'W FOR 94.89 FEET;
(24) THENCE S58"452S"W FOR 21533 FEET;
(25) THENCE 50521 '48"W FOR 4263 FEET:
(26) THE:NCE S06"59'10 W FOR 37644 ::-EET;
(27) THENCE S 52"38'49"W FOR 24554 ::-EET;
(28) THENCE S 8724'12"W FOR 10557 FEET;
(29) THENCE S 5011'00' W FOR 11 53 FEET;
(30) THENCE S 11' 39'26" E FOR 7974 FEET:
(31) THENCE N 67'33'55'E fOR 1398 ::-EET;
(32) THENCE S 21'04 35 E F-JR 104.77 FEE:;
(33) THENCE S 70.16'20"E FOR 4832 FEET;
(34) THENCE N 79'53'45"E FO~ 98.25 rE'-.;
(35) fHENCE N 59' 11 'os" E FOR 12442 FEET;
(36) THEt\lCE S 595: '49"E fO=<: 22i i F"EE-;
(37) Tt-ENCE S0634'31'w FOR 20889 FEET;
(38) Tt-ENCE S.6136'29"W FOR 11207 FEET;
(39) THENCE. SB9'30U"W FOR 11920 FEET:
(40) THENCE S51'13'33"W FOR 8685 FEET;
(41) THENCE S 35'33'53"W FeR 8464 FEET;
~ 42) THEi\JCE S 43' 47'55' \1,,' FJR 135 55 ::-::E,; TO A PO!N"' eN THE WEST LINE
::;F SECTION 14, TOWNSHIP 50 SOUTrl, RANGE 26 EAST,i\LSO B::IN THE WEST
LINE OF TRACT 3 0::- Wi~JDSTAr~ SUBDIVISION J>5 RECORDED IN PLAT BOOK 14
PAGES ": 2-15 OF iH:: PUBLIC RECCRDS OF COLLlE=i COUNTY FLORID,t.
T'-1::NCE N 00"12'53"'// ,::-OR 20332 FED;
THEi'JCE N OO'09"2"W FOR 64341 ::-EE1;
THENC:: CCNTINUE N.OO'09'12"W ::-OR 1,391,07 FEE';
THENCE L::AVING SAID SECTION LINE AND WESTE~!.Y LINE OF SAID TRi\CT S,
N 1445'47"E FOR ':99.17 FEET:
TH::NCE t~,QO'06 21 E, FOCi 427 72. FEET: TO -HE NORTHVEST CORNER OF A
PARCEL OF Lt\ND DESCRi3::D IN OR BOOK 3001, ?AGE 2697 :)F THE PUBUC
RECORDS OF COLLIER COUNTY, FLORI)A.
THENCE N 0043 42"W. FOR 1,29538 FEET; TO ,4. PCm~T 01\: IrlE SOUTH
R'G~T -OF -WAY OF MARLIN DRIVE,
F-jENCE ,ALONG SAm RIGhT-OF-WAY, N 8931'33"C:. FOR 1 305,55 FE::!; -0 1-,
POINT ON THE EI-ST RIGHT -OF-WAY OF ?AUvI STREE1 rr:: POIt'--!T ALSO BEING
ON THE WEST L1N::: OF t~APL.ES LAND YAC:HT HARBOR, A :::'A'~C::!. OF LAND
DESCRI8::D IN OR l300K 714, P,t.,G[ -, 710 OF THE ;:>JBLlC RECORDS OF
COL_I:::,::; COUNTY, .=-LORIDt\
TrE~C:E ALONG SAD WEST BOl;ND,ARY LINE, NJ038 25W FOR 1,37449 FEET:
"0 r HE ~WK r:-toNES CO:';NER OF SA!D NAPLES LAND Y/\CHT HARBOR
tJQv C8 2lXJ5 _ 15;~7;27 Q:\.:i'ODE\05017aOOGC HlllQ'o:TT1CJ'" ere-de P.:S!Dl"oUaniOOO2 Leg.JJ !)~$oC'ip!io"",\Oli:J'78Lr2d"'Q
R.W,A,. INC, STATE OF 'LOR,[)A 8USINESS CERTiFICATE /-,0, E8-0007653
D\XT^rnC~~tion
CONSUL TING Civil Engineering
A.. '-, '..L .L Surveying & Mapping
JATC::
NOV. 2006
CI.IEN1:
S:::A!..L
COLLIER COUNTY
NTS
RY
T.TI r-
1'1 Le.
HALDEMAN CREEK
MSTU AREA
ISHEE! 12 14 I FILE
06017800 NutJBER: OF "UM8ER:
60178L12
Q~,A.l)!!,~ 9Y:
6610 W"ow Park Drive, Suite 200
"aplas, Fk>rida 34109
Phone: ;239) 597,0575
FAX: (239) 597-<1578
c..[eKED B":':
RGe
see, "WP, RGC: PROJECT
1-1~5CS 25E NU~3E~
L
Agenda Item No. 8e
December 12, 2006
P",,",o ?A ,..,f ?C;
L
SKETCH AND LEGAL DESCR1PTION
THIS IS NOT A SURVEY
THENCE ALONG SAID NORTH BOUNDARY LINE, N 89"33 52"E FOR ',24766 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 62336 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:
FO~ 150 81 FEET;
THENCE S 00'35'07"E. FOR 10000 FEET;
THENCE N.89'19'24"E FOR 15927 FEET; TO THE WEST RIGHT-OF-WAY LINE OF
ARBUTJS DRIVE,
THENCE S 0035'47 E FOR 99299 FEET;
THENCE S 77'5226"W FOR 25521 FEET:
THENCE N.OQ'35'47"W FOR 99400 FEET;
THENCE S 89'24'13 W FOR 20.00 FEET;
THENCE NOO"35'47"W FOR 5005 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 1,08659 FETT:
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 or THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A
POINT ALSO BEiNG O~! THE SOUTH RIGHT-OF-WAY LINE OF BEeCA ,AVENUE,
THENCE 5.89'59'03" E FO,l~ 297.97 FEET; ALONG SAID RIGHT-OF-WAY LINE,
THE\JCE LEAVING SAID RIGHT-OF-WAY, S 00'06 52":: FOR 252.07 FEET;
THENCE N 89'5308'E FOR 6000 FEET;
THENCE N OQ'06'52"W, FOR 25193 FEET; TO A POINT ON THE SOUTH
RIGHT -OF -WAY LINE OF BEeCA AVENUE,
THENCE ALOt~G 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 25207 FEET;
THENCE N 89'53'08" E FOR 60 00 FEET;
THENCE NOO'06'52' W, FOR 25 i 93 FEET; TO A POINT ON THE SOUTH
RIGHT-OF-WAY :..INE OF BECeA AVENUE,
THENCF ALONG SAID RiGin -OF -WAY, S 8959'03' E FOR 270 DO FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, S 00'06 52":: FOR 25207 FEET:
THENce N B9'53 De" E FOR 6000 FEET:
THENCE N 00-06'52' W. FO.=( 25' 93 FEET; TO A POINT ON THE SOUTH
RIGHT-OF-WAY UN:: OF BECCA AVENUE,
THENCE ALONG SAID RIGHT -OF -WAY,S89 59'03" E FOR 270,00 FEET; TO A
POINT ALSO OI\,J TrE \OVEST RIGHT -OF -WAY OF BAYSHORE DRIVE,
TYENC:: S 37'24'59" E, FOR 16501 FEET; TO A POINT ON THE EAST
RIGHT ~CF -WAY OF BAYSHORE CRIVE ALSO BEING THE NORT'1WEST CORNER OF
lOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No, 2 AS
RECORDED IN PLAT BOOK PAGE 27 OF 7HE PUBLIC RECORDS OF COLLIER
COUNTY FLO=(IDA.
T'-IENCE N.89"53 :)8" E. FOR 19385 FEET; -0 A POINT ON T'-lE WEST LINE OF A
PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA AND WILL CONTi~jU:: TO RUN ALONG
SAID BOUNDARY FOR THE NEXT (19) CALLS,
Nov '0, 2'00$ - f6.29:59
0,\.:2005\06017800 n.Q Ho.'d,mafl Cre-ek RestorolilM\OCl02 hga! D~cripiiOfT!\06DI"B<.IJ,(l"'9
R,WA, INC. STATE OF FLORID~ BUSINESS CERTIfiCATE NO, EB-OOG7663
D\lll\INC
_. Planning
VlSUalization
CON S UL ~ IN G Civil Engineering
.&. '" , ..L ..L SUIVeying & Mapping
DNOV, 2006 ClIENT:
5CAlE,
1---- NTS
DAAWN 9Y, TITLE:
RY
66'~ W~low Park Drive, suire 200
Naples, FIOtida 34109
Phone: (2'J9) 597,0575
FAX, 12391 59Hb7B
C~f::<:KEr:: BY:
RGC
SEe, lWP, RGE, PRO.JEC r
, -14 :,OS 2:,E NUMBER:
COLLIER COUNTY
HALDEMAN CREEK
MSTU AREA
060178,00 I ~~~~TER 13 OF 1 4 I ~10~8ER: 60178L 13
Agenda Item No, Be
December 12, 2006
Paae 25 of 25
1
SKETCH AND LEGAL DESCRIPTION
THIS is NOT A SURVEY
(1) THENCE NOQ'0652"W FOR 79975 FEET;
(2) THENCE N 89'5701"E. FOR 4486 FEET:
(3) THENCE N 000620"W FOR 1 0 38 FEET;
(4) T~lENCE S 6407'22' E FOR 45 88 FEET:
(5) T.-1ENCE N.38'09 '22 E FOR 205 26 rEE"T; TO THE WESTERLY
RIGHT -OF -WAY OF U S41,
(5) THENCE A:"'ONG SAID RIGHT-OF-WAY, S5i'~0'39"E FOR 11549 FEET;
(7) THENCE :..EAVING SAID RIGHT-OF-WAY, S 38'09'32"''.'1 FOR 19001 cEET;
(8) THENCE S 51 '50'42" E FOR 8971 FEET:
(9) THENCE S 00'53'09' E FOR 220.16 ::-EET;
(10) THENCE N 88"53 51"E FOR 14779 FEET;
(11) THEt\!CE N01'0606"W FOR 10000 FEET;
(12) T:-jENCE S 51' SO'" 1'E FOR 10 78 FEET;
(13) THENCE N.D 1'06'09 '.'I ::-OR 245 43 FeET; TO THE WESTERLY RIGHT-
OF-WAY 'OF us 41,
(1"-) THENCE ALONG SAID RIGHT-OF-WAY, S 51'50 34"E FOR 1505 FEET;
(15) THENCE L.EJWING SAID RIGHT-OF-WAY, S 00'42'52"E FOR 65302 FEET;
(16) TH::NCE S8958'17'\'I FOR 498 FEET:
(17) THENCE S.OO 42'52' E, ::-OR 291.22 FEET;
(18) THENCE N 89'55'57"W ro~ 998 FEET;
(19) THEN8E S,OO'42'55" E FOR 672 72 FEr;
THENCE N 89"49'OO"F FOR i4513 F:':ET;
THENCE S 00'19'20 E FOR 3000 FEET;
THENCE N 89'4900" E FO~ 450 63 FEET:
THENCE t\ 00 19'20"W FOR 30 00 F:E";
THENCE ~j8::J 4Q'C)O" r. FOR 77.1 3 FEET: "TO THE POINT OF BEGINNING OF
THE PARCEL DESCRIBEJ HERE:\!
CONTA'NING 11 678 801 SQUARE FEET OR 258 1 ACRES tvWRE 0::;; LESS
SLBJ::C, ,"0 EASE!viE~,TS AND RESTRICTIO~6 OF RECO~D
BEARit\GS ,"RE Bt-SED ON T-IE CENTERliNE OF GULFVi:W DRIVE, WHiCH LIES
IN TrlE GULF SHORES SLBDiVISlmJ PU.T BOOK 4, PAGE 50 P,S OE:::ING
E i'.s T
J'
No.,- 10. :0.;6 _ 16_31 ~CJ 0:"\'005\ 05(); 78 DO"O ~cJd'rTlO-'l Cr~l'k F<~~Dro~ion\ 0002 L~t)o.t De.s::-riplrorlS'\ 060 J 7&' 4 d"'Q
R.W.A., INC. STATE or rLORIDA GUSINESS CC'<TJfI;:I\TE NO. EB .0007663
D\lT ^ INC~=tion
CO N S U L TIN G Civil Engineering
.JL. '" , .L .... Surveying & Mapping
DATE, CLIENT:
NO\/. 2086
COLLIER COUNTY
Sc.,,~[
NTS
RGC
HALDEMAN CREEK
MSTU AREA
78 0 ISH'T' 1 4 1 4 FILE
0601 .0 N;NFlFR: Of' , NUMBt:R:
60178L14
DRAW~ B~: T!TLE:
;:xy
6610 I'~Eow Park Dnve, Suite 200
Naples, Florida 341 09
Phooe: (239) 597,0575
FAX: (239) 597-0578
CHE.CKED 8':":
sce: TWFC R(;C: f'ReJECT
l -14 SCS 25E NUMS::R
Agenda Item No. 8D
December 12, 2006
Page 1 of 86
c'.""-'
EXECUTIVE SUMMARY
RZ-2005-AR-8039: SJC Whippoorwill, LLC, represented by Gary Butler of Butler
Engineering, Inc. and Brian Mansour, requesting a rezone from the Agricultural (A)
zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a project
known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is located at
1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18,
Township 49 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to rezone the
subject property and ensure the project is in hannony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERA TIONS:
The petitioner is seeking this rezoning to allow development of the subject site with a maximum
of 59 units on the 10-acre site for a project density of 6 units per acre. The subject site is
bisected east to west by a gravel power line access road. The applicant provided a site plan as
part of the application to address environmental concerns; however, this site plan is not binding
as part of the rezoning process. Site plan details will be determined as part of the preliminary
platting process if rezoning is approved. Access is proposed from Whippoorwill Lane, but the
actual alignment of that access point will be determined as part of the development review
approval process.
FISCAL IMPACT:
The rezoning, by and of itself, 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 rezoning is approved, a portion of the land could be developed.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system.
.'-
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for December 12, 2006 BCC Page 1 of 6
Agenda Item No, 8D
December 12, 2006
Page 2 of 86
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed
Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM)
of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict
permits residential development (variety of unit types) at a base density of four residential units
per gross acre and recreation and open space uses. The subject property is also within a
Residential Density Band due to its proximity to an Interchange Activity Center (and not within
a Traffic Congestion Area). Based upon the GMP's Density Rating System, three additional
dwelling units per gross acre could be requested. Therefore, the maximum allowable density
would be 7 dwelling units per acre. This statement is time-sensitive in that the Evaluation and
Appraisal Report (EAR) recommends removal of additional allowable density based on location
within a Residential Density Band. The Board, in a 3-2 vote, transmitted the recommended
changes to this section of the GMP. Adoption hearings for the EAR-based amendments to the
Comprehensive Plan are scheduled for January, 2007. Note, approval at adoption will require a
supermajority vote.
The applicant is encouraged to implement appropriate Policies under Objective 7 of the FLUE
that support smart growth, including walkability and interconnections with adjoining
communities. A conceptual site plan was not submitted with this application, nor is it required.
The applicant has clarified, in its resubmission, that it seeks a density of 6 units per acre for a
maximum of 59 dwelling units.
However, it is important to note that just because 59 units is the density for which the petitioner
is seeking and for which the site is eligible under the GMP, there is no guarantee that number of
units could be developed on site. Other concerns such as environmental issues, water
management requirements, and roadway necessities very possibly could reduce the number of
dwelling units developed on the site to a significantly lower number.
GMP Policy 5.4 requires all new developments to be compatible with and complementary to the
surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy
5.4 because the surrounding properties are developed with comparable uses at a similar density.
Mariposa at Whippoorwill is located to the north, Stratford Place is located to the south and east,
and Andalusia is located to the west. All of these projects are approved and developing with
multi-family dwellings at or near 6 units per acre (upa), which is the same unit type and density
proposed for Cayo Whippoorwill.
The subject propeIiy is located in the East Central Transportation Concurrency Management
Areas (TCMA) and requires compliance with Objective 6 of the Future Land Use Element
(FLUE). Policy 6.3 of the FLUE requires the utilization of at least 2 of the following
Transportation Demand Strategies to obtain exemption from link specific concurrency.
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for December 12,2006 BCC Page 2 of 6
Agenda Item No. 8D
December 12, 2006
Page 3 of 86
Commitment to compliance would also provide eligibility for an additional density bonus of 3
dwelling units per acre:
a) Including neighborhood commercial uses within a residential project;
b) Providing transit shelters within the development (must be coordinated with Collier
County Transit);
c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial
properties;
d) Including affordable housing (minimum of 25 percent of the units) within the
development;
e) Vehicular access to adjacent commercial properties.
The applicant has not committed to this policy and is therefore ineligible for the stated density
bonus at this time. The Transportation Planning Department has reviewed the project for GMP
Transportation Element consistency as reflected below.
Transportation Element: Transportation staff has reviewed the application seeking a rezone to
allow development of a 59-unit multi-family project. The project at build out will generate 15
PM peak hour peak direction trips on Pine Ridge Road using Whippoorwill Lane as access.
Based on the analysis of the project at build out and within the 5 year planning period, the
project would be considered consistent with Policy 5.1 of the GMP Transportation Element when
consideration is taken that volume on Whippoorwill Lane and Pine Ridge Road will be mitigated
from a back access connection to Whippoorwill Lane from Livingston Road and the reduction in
traffic on Pine Ridge Road due to the interchange at Golden Gate Parkway at 1-75. The project
will be subject to concurrency at the time of application for a development order.
ENVIRONMENTAL ISSUES:
This project did not trigger any thresholds that would have required the submittal of an
Environmental Impact Statement, thus this petition did not require review by the
Environmental Advisory Council. Environmental Services staff has reviewed the petition and
has offered the following stipulation to accompany any recommendation of approval:
Prior to allmving clearing in pine jlatwoods (411), the developer must provide a
survey performed by a qualtlied biologist to Environmental Services staff ident(/ying
any listed air plants. Any air plants so identified must be relocated to the preserve
area prior to the pre-construction meeting. The survey and subsequent relocation
shall be su~ject to revieH' and approval by Collier County Environmental Services
staff. Proof of completed relocation shall be provided to Environmental Services staff
at the pre-construction meeting.
ENVIRONMENTAL ADVISORY COUNCIL:
This petition does not meet any thresholds that require review by the Environmental Advisory
Council (EAC); therefore the EAC did not hear this petition.
Cayo Whippoorwill. RZ-2005-AR-8039
Executive Summary for December 12, 2006 BCC Page 3 of 6
Agenda Item No. 8D
December 12, 2006
Page 4 of 86
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard the petition on May 4, 2006 and with a
vote of 6 to 2 recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of denial. Inconsistency with the following GMP policies was
cited to support this decision:
1. Policy 5.1 of the Transportation Element because concerns about increases in traffic this
project could cause; and
2. Policy 5.4 of the Future Land Use Element of the GMP because the project is incompatible
with the neighborhood; and
3. Florida Statute 163 .180( 6), with no specific reason provided.
Additionally, a finding of inconsistency with Rezone Findings, 1, 6 and 7 was cited to support
this decision. Staffs Rezone Findings are attached to the staff report.
Staff has received three items (a combination of e-mails and letters) voicing concerns about
traffic; these were submitted to the CCPC; however no one was present at the hearing to provide
testimony.
Because the CCPC voted to recommend denial, this petition cannot be placed on the Summary
Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land use is compatible with the existing land use pattern.
· The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with sunounding land uses because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 of the Traffic Element of the GMP.
· The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
Staff however, is maintaining its original recommendation of approval and offers the following
analysis of the CCPC recommendation:
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for December 12,2006 BCC Page 4 of 6
Agenda Item No. 80
December 12, 2006
Page 5 of 86
GMP Policy 5.1 of the Transportation Element states:
Project traffic that is 1 percent or less of the adopted peak hour service volume
represents a de minimis impact. Authorization of development with a de minimis
impact shall be pursuant to Section 163.180(6), Florida Statutes.
The Transportation Element policies that were cited generally state that the proposed rezoning
may not adversely impact the road network. Transportation Planning staff has determined that
this rezoning will not adversely impact the roadway network and has therefore deemed the
petition consistent with Policy 5.1 as noted in the staff report.
GMP Policy 5.4 states:
New development shall be compatible with, and complementary to, the surrounding
land uses, subject to meeting the compatibility criteria of the Land Development
Code (Ordinance 91-102, adopted October 30, 1991), as amended.
The Staff Report submitted to the Planning Commission provided an in-depth analysis of the
zoning, density and developing land uses along Whippoorwill Lane. All surrounding properties
are developed at similar density with similar residential uses. Approval of this rezoning is
consistent with the Urban Service Area concept set forth in the GMP. The GMP states:
The Urban Service Area concept manifested in the Element is crucial to successful
coordination of land development and the provision of adequate public facilities. It is
within Urban Designated Areas on the Future Land Use Map that the more intensive
Zoning Districts are permissible, thus the more intensive land uses. Since Urban
Designated Areas are where intensive land uses are guided, it is also where fiscal
resources are primarily concentrated for provision of roads, water supply, sewage
treatment and water management.
The Comprehensive Planning staff reviewed the proposed amendment for consistency with the
Future Land Use Element, as described on a previous page. This petition was deemed consistent
with the GMP's future land use subdistrict designation for this site, noting the land use
designation permits residential development (variety of unit types) at a base density of four
residential units per gross acre and recreation and open space uses. The subject property is also
within a Residential Density Band due to its proximity to an Interchange Activity Center (and
not within a Traffic Congestion Area). Based upon the GMP's Density Rating System, three
additional dwelling units per gross acre could be requested. Therefore, the maximum allowable
density would be 7 dwelling units per acre. However as already noted, this statement is time-
sensitive in that the adopted Evaluation and Appraisal Report (EAR) recommends removal of
additional allowable density based on location within a Residential Density Band. The Board, in
a 3-2 vote, transmitted the recommended changes to this section of the GMP. Adoption hearings
for the EAR-based amendments to the Comprehensive Plan are scheduled for January 2007.
Note, approval at adoption will require a supermajority vote. Additionally, note that until (and if)
such time as any EAR amendments are actually adopted, the petition must be reviewed under the
currently existing GMP which allows additional density. However, any ultimate density is never
an entitlement, thus the Board can reduce the density if that action is deemed appropriate. In this
parlicular case, however, staff believes the proposed density and uses are compatible ,>vith the
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for December 12, 2006 BCC Page 5 of 6
Agenda Item No. 80
December 12, 2006
Page 6 of 86
neighborhood and approval of the requested 7 units per acre is appropriate. More importantly,
the proposed residential use is exactly the same as what exists in the neighborhood, thus the uses
are identical. Incompatibility cannot therefore logically be deemed a reason to deny this
rezonmg.
The Planning Commission, with its recommendation of denial, disagreed with the above legal
considerations and findings as noted in the Planning Commission meeting synopsis.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition RZ-2005-AR-8039,
noting that, in staffs opinion, the request is consistent with the overall GMP, to include, but not
limited to, all relevant goals, objectives and policies of the Future Land Use Element and the
Future Land Use Plan Map designation and the Transportation Element.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
.'''-...,
Cayo Whippoorvvill, RZ-2005-AR-8039
Executive Summary for December 12, 2006 BCC Page 6 of 6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8D
December 12, 2006
Page 7 of 86
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8D
This item requires that all partiCipants be sworn In and ex pane disclosure be provided by
Commlss'on members, RZ,2005,AR-8039 SJC Wh,ppoorwill, LLC, represented by Gery
Butler at Butler Engineenng, Inc and Brian Mansour, requesting a rezone from the
Agricultural (AI zOning district to the Residential Mult"Family-6 iRMF,6) zOning district for a
project known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is located
at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road. ,n Section
18, Township 49 South, Range 26 East, Collier County, Flonda
1211212006 9:00:00 AM
Date
Prep. red By
Kay Deselem. AICP
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
10/26120067:10:57 PM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
EKecutive Secretary
Community Development &
Environmental Services Admin.
11121/2006 2:35 PM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
11/21/20063:34 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations. Analyst
Community Development &
Environmental Services Admin.
11122/200610:19 AM
Date
Approved By
Susan Murray, Ale?
Community Development &
Environmental Services
Zoning & Land Development Di rector
Zoning & Land Development Review
11/271200610:14 AM
Date
Approved By
Ray Bellows
Community Development &
EnVIronmental Services
Chief PLanner
Zoning 8. Land Development Review
111271200612:27 PM
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Transportation Planning
11/29/20065:03 PM
Date
Approved By
Norm E. Feder. AICP
Transportation Services
Transportation Division Administrnlor
Transportntion Services Adm:n,
1113012006920 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmenta~ Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services. Admin.
11130/20062:32 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & BHdget
12/11200612:44 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
12/1i2006 3:08 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/1120067:01 PM
Agenda Item No. 80
December 12, 2006
Page 8 of 86
CotMT County
'-~
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ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 4,2006
SUBJECT: PETITION: RZ-2005-AR-8039, CA YO WHIPPOORWILL
AGENT/APPLICANT:
Agent: 1. Gary Butler
Butler Engineering, Inc.
2223 Trade Center Way
Naples, FL 34109
Applicant: Brian Mansour
SJC Whippoorwill, LLC
6604 Ridgewood Drive
Naples, FL 34108
REQUESTED ACTION:
The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Residential
Multi-Family-6 (RMF-6) zoning district for a 1 O-acre project known as Cayo Whippoorwill.
GEOGRAPHIC LOCATION:
The property is located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge
Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (See illustration
on following page)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is seeking this rezoning to allow development of the subject site with a maximum of 59
units on the lO-acre site for a project density of 6 units per acre. The subject site is bisected east to
west by a gravel power line access road.
SURROUNDING LAND USE AND ZONING:
North: Mariposa at Whippoorwill, a multi-family developed 30-acre project with a zoning
designation of PUD (Whippoorwill Pines PUD), approved at a density of 6 dwelling units
per acre
Staff Report for May 5, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 1 of 6
Agenda Item No. 8D
December 12, 2006
Page 9 of 86
South: Stratford Place, an 84::l:-acre developed multi-family project with a zoning designation of
PUD (Whippoorwill Woods RPUD), approved at a density of 5.51 dwelling units per acre
East: Stratford Place, an 84::l:-acre developed multi-family project with a zoning designation of
PUD (Whippoorwill Woods RPUD), approved at a density of 5.51 dwelling units per acre
West: Whippoorwill Lane; then Andalusia, a 98::l:-acre developing project (with access via
Livingston Road) with a zoning designation of PUD (Arlington Lakes PUD), approved at a
density of six dwelling units per acre to allow multi-family dwelling units
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Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 2 of 6
Agenda Item No. 80
December 12, 2006
Page 10 of 86
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management
Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit
types) at a base density of four residential units per gross acre and recreation and open space uses. The
subject property is also within a Residential Density Band due to its proximity to an Interchange
Activity Center (and not within a Traffic Congestion Area). Based upon the GMP's Density Rating
System, three additional dwelling units per gross acre could be requested. Therefore, the maximum
allowable density would be 7 dwelling units per acre. This statement is time-sensitive in that the
adopted Evaluation and Appraisal Report (EAR) recommends removal of additional allowable density
based on location within a Residential Density Band. The EAR-based amendments to the
Comprehensive Plan have not been transmitted or adopted by the BCC at this time; this is expected to
occur in mid and late 2006.
The applicant is encouraged to implement appropriate Policies under Objective 7 of the FLUE that
support smart growth, including walkability and interconnections with adjoining communities. A
conceptual site plan was not submitted with this application, nor is it required. The applicant has
clarified, in its resubmission, that it seeks a density of 6 units per acre for a maximum of 59 dwelling
units.
However, it is important to note that just because 59 units is the density for which the petitioner is
seeking and for which the site is eligible under the GMP, there is no guarantee that number of units
could be developed on site. Other concerns such as environmental issues, water management
requirements, and roadway necessities very possibly could reduce the number of dwelling units
developed on the site to a significantly lower number.
GMP Policy 5.4 requires all new developments to be compatible with and complementary to the
surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy 5.4
because the surrounding properties are developed with comparable uses at a similar density. Mariposa
at Whippoorvvill is located to the north, Stratford Place is located to the south and east, and Andalusia
is located to the west. All of these projects are approved and developing with multi-family dwellings
at or near 6 units per acre (upa), which is the same unit type and density proposed for Cayo
Whippoorwill.
The subject property is located in the East Central Transportation Concurrency Management Areas
(TCMA) and requires compliance with Objective 6 of the Future Land Use Element (FLUE). Policy
6.3 of the FLUE requires the utilization of at least 2 of the following Transportation Demand
Strategies to obtain exemption from link specific concurrency. Commitment to compliance would also
provide eligibility for an additional density bonus of 3 dwelling units per acre:
a) Including neighborhood commercial uses within a residential project;
b) Providing transit shelters within the development (must be coordinated with Collier
County Transit);
c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial
propeIiies;
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 3 of 6
Agenda Item No. 8D
December 12, 2006
Page 11 of 86
d) Including affordable housing (minimum of25% of the units) within the development;
e) Vehicular access to adjacent commercial properties.
The applicant has not committed to this policy and is therefore ineligible for the stated density bonus
at this time. The Transportation Planning Department has reviewed the project for GMP
Transportation Element consistency as reflected below.
Transportation Element: Transportation staff has reviewed the application seeking a rezone to
allow development of a 59-unit multi-family project. The project at build out will generate 15 PM
peak hour peak direction trips on Pine Ridge Road using Whippoorwill Lane as access. Based on the
analysis of the project at build out and within the 5 year planning period, the project would be
considered consistent with policy 5.1 of the GMP Transportation Element when consideration is
taken that volume on Whippoorwill Lane and Pine Ridge Road will be mitigated from a back access
connection to Whippoorwill Lane from Livingston Road and the reduction in traffic on Pine Ridge
Road due to the interchange at Golden Gate Parkway at 1-75. The project will be subject to
concurrency at the time of application for a development order.
ANALYSIS:
Environmental: Environmental Services staff has reviewed the petition and has offered the following
stipulation to accompany any recommendation of approval:
Prior to allowing clearing in pine jlatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed
air plants. Any air plants so identified must be relocated to the preserve area prior to the
pre-construction meeting. The survey and subsequent relocation shall be subject to
review and approval by Collier County Environmental Services staff. Proof of completed
relocation shall be provided to Environmental Services staff at the pre-construction
meeting.
Utilities: The Utilities Department staff has reviewed the petition and notes the project is within the
Collier County Water-Sewer Service Area and subsequent development approvals will be subject to
application for and conditions associated with a Water and Sewer Availability Letter from the Collier
County Utilities Division.
Zoning and Land Development Analysis: Zoning staff has reviewed this petition and believes the
proposed use is consistent with the FLUE and Policy 5.4 of the GMP as indicated previously in the
GMP discussion.
As described in LDC Section 2.03.01.G., the purpose and intent of the residential multiple-family-6
district (RMF-6) is to provide for single-family, two-family and multi-family residences having a
low profile silhouette, surrounded by open space, being so situated that it is located in close
proximity to public and commercial services and has direct or convenient access to collector and
arterial roads on the County's major road network. The RMF-6 district corresponds to and
implements the urban mixed use land use designation on the Future Land Use Map of the Collier
County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the Future Land
Use Element of the Collier County GMP. The maximum density permissible or permitted in the
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 4 of 6
Agenda Item No. 8D
December 12, 2006
Page 12 of 86
RMF-6 district shall not exceed the density permissible under the density rating system, except as
permitted by policies contained in the Future Land Use Element.
The differences between the Agricultural and the RMF-6 zoning districts property development
regulations are shown in the table below.
Excerpts from
Table of Setbacks (LOC Section 2.07.00) and
Lot Design Requirements for Principal Uses (LOC Section 4.02.01.A)
[in feet, unless otherwise noted]
Zoning Front Yard Side Rear Lot Area Lot Floor Area of Buildings
District Yard Yard (sq ft) Width (sq. ft.)
A 50 30 50 217,800 165 550
Single-family 25 7.5 6,500 60
RMF-6 Duplex 25 10 25 12,00 80 750
Multi-family 30 15 5,500/unit 100
All numbers shown are the required minimum amounts
Maximum Building Height of 35 feet is the same in both districts
Note: The petitioner's Trip Generation Report only reviewed and proposed multi-family uses
If the rezoning is approved, the petitioner would be required to provide a Type A Buffer (lO-feet
wide with trees spaced 30 feet on center) along the perimeter property lines.
The proposed change to the RMF-6) zoning district from the Agricultural (A) zoning district is not
anticipated to have an adverse effect upon living conditions in the neighborhood. As previously
noted the surrounding propeliy is similarly developed and the proposed multi-family residential use
is compatible with the existing uses and the proposed 6 upa density appears to be a reasonable
density given the surrounding areas. Staff believes the rezoning is consistent with GMP Policy 5.4.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Mr. Gary Butler of Butler Engineering, agent for the applicant, held the required NIM on November 2,
2005 at 5:30 P.M. at Hawthorne Suites of Naples, Cypress Room. The meeting was attended by 3
people along with the applicant's agent, the property owner and county staff. Mr. Butler stated that the
proposed development would not include any "affordable housing units." There was no stated
opposition to the proposed rezone and development. (Synopsis provided by Linda Bedtelyon,
Community Planning Coordinator)
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPe) forward Petition RZ-2005-AR-8039 to the Board of County Commissioners
(BCe) with a recommendation of approval with the following condition:
Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed air
plants. Any air plants so ident~lied must be relocated to the preserve area prior to the pre-
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-200S-AR-8039
Page S of 6
Agenda Item No, 80
December 12, 2006
Page 13 of 86
construction meeting. The survey and subsequent relocation shall be subject to review and
approval by Collier County Environmental Services staff. Proof of completed relocation
shall be provided to Environmental Services staff at the pre-construction meeting.
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
JEFFREY A. KLATZKOW
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 6, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 6 of 6
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REZONE FINDINGS
RZ-2005-AR-8039
Agenda Item No. 80
December 12, 2006
Page 15 of 86
Chapter 1O.03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall show that
the Planning Commission has studied and considered the proposed change in relation to the following,
where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
The Comprehensive Planning Department has indicated that the proposed rezone is consistent
with the Future Land Use Element (FLUE) land use designation of the Growth Management
Plan (GMP), Environmental staff has indicated that the propose rezone is consistent with the
Conservation and Coastal Management Element as conditioned, and Transportation Planning
staff provided an analysis of the applicable objectives, goals and policies of the Transportation
Element, and finds that the project is consistent with Transportation Element Policy 5.1.
Zoning staff provided an analysis of other pertinent GMP objectives and policies, and
recommends that the petition be deemed consistent with the overall GMP.
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as explained in
the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The subject parcel is of sufficient size that it will not result in an isolated district unrelated to
adjacent and nearby districts. It is also compatible with expected land uses by virtue of its
consistency with the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed zoning district boundaries are logically drawn and they are consistent with the
Urban - Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map
(FLUM) of the Growth Management Plan.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The growth and development trends and changing market conditions make the proposed
rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem
appropriate given the similar development that has occurred in this area. The proposed
rezoning is appropriate based on its compatibility with adjacent land uses.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
G:ICurrentlDeselemlRezone caseslCayo Whippowill, RZ-2005-AR-8039IFindings, Rezone 3-31-06.rtf
Page 1 of 3
Agenda Item No. 8D
December 12, 2006
Page 16 of 86
The development standards and landscaping requirements contained in the LDC are intended to
mitigate any adverse impact to the living conditions in this neighborhood if the proposed
rezoning is approved.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The Transportation Services Division has reviewed the proposed rezone and has recommended
approval of the petition based upon transportation-related GMP policies. The development will
be subject to concurrency requirements designed to adequately address traffic congestion
concerns when development approvals are sought.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water Management
District. Drainage problems should not be created when construction is done in accordance
with the permit.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
All projects in Collier County are subject to the development standards that apply generally and
equally to all zoning districts (i.e. open space requirement, corridor management provisions,
etc.) that were designed to ensure that light penetration and circulation of air do not adversely
affect adjacent areas. This project will be subject to those same standards.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Property valuation is affected by a host of factors including zoning; however, zoning by itself
mayor may not affect values since value determination by law is driven by market value. The
mere fact that a propeliy is given a new zoning designation mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not be
affected if this rezone is approved.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed rezone complies with the land use designation of Urban - Mixed Use District,
Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth
Management Plan (GMP) which is a public policy statement supporting zoning actions when
they are consistent with the entire GMP. Staff is recommending that the petition be deemed
REZONE FINDINGS
RZ-2005-AR-8039
G:\Current\Deselem\Rezone cases\Cayo Whippowill, RZ-2005-AR-8039\Findings, Rezone 3-31-06.rtf
Page 2 of 3
Agenda Item No. 80
December 12, 2006
Page 17 of 86
consistent with the overall GMP with one stipulation. In light of this fact, approval of the
rezone petition would not constitute a grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The property is currently undeveloped (a house that was on site has been demolished), but
could be developed in compliance with the existing zoning if so desired by the property owner.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The proposed rezone is compatible with surrounding property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC;
and staff does not review other sites in conjunction with a specific petition. However, suffice
to say there are most likely areas of the County with conventional zoning that would allow
development of the housing types proposed by the petitioner. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of infrastructure and
general compliance with the Land Development Code.
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed, zoning classification.
While site conditions may restrict the location and square-footage of the buildings, they would
not render the property unusable.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this
petition and, the Transportation Planning staff found it consistent with the Transportation
Element of the GMP.
REZONE FINDINGS
RZ-2005-AR-8039
G:\Current\Deselem\Rezone cases\Cayo Whippowill, RZ-2005-AR-8039\Findings, Rezone 3-31-06.rtf
Page 3 of 3
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Agenda Item No. 80
December 12, 2006
Page 18,of 86
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE -:-
Petition No.:
Date Petition Recei\'ed: RZ-2005-AR-8039
PROJECT #2005060046
DATE: 11/17/05
Planner Assigned: _ KAY DESELEM
COll1mission Dlslrict:
AUOVE TO UE COi\II'LETED IJY STAFf
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. December 12, 2006
*Bc :\warc that Collicr COllnty has lohbyist rcgulntions. Guide yourself accordingly rtfage 19. of 86
CIlSU re that you nrc in complinncc with thcse rcgubttiol1s. ",. /
/'
, ,
(Provide additional ,//'
",//"
/'
/'
"
/
Complete the following for all Association(s) aftiliatcd with this petition.
shects if ncccssary)
",'
Name of Homeowner Association:
/'/
/
Mailing Address
City
.,snite _ Zip
"
.'
,.J-
...
Name of Homeowner Association:
/
Mailing Address
City"
State _ Zip
Nallll: of Homeowner' Association:
Mailing Addr~$s
City
Stale _ Zip
Name of l\l:L~ler Association:
f\'lailing Address /
Cily
Slale _ Zip
.,.;;/
/
,/'
//
Nalll~.(jf Civic Associatioll:
/
f.Giling Address
City
Statc _ Zip
2. Disclosure of Interest Jllrorlllation:
<l. If the properLy is owncd fec simple by an INDIVIDUAL, tcnancy by the elltireLy.
tenancy in common, or joint tcnancy, list all partics with an oWllcrship intcrest as
well as the percentage ofslIch interest. (Use addiLional sheds ifnecessary).
Nal\11: anJ Address
Perccnt;1gc orO\\'l1l:rshipJ
,-
'1.!.IIC.l.TIO.... 1~()1t 1'1'III.IC IIf~'HI""c; FOI{ ST.'....\l.\IUl Hf:i'.O\F -41I~:IJ.'
Agenda Item No. 8D
December 12, 2006
Page 20 of 86
b. If the property is o\....ned by a CORPORA TlO?\l, list the orficcrs and stockholders ~
and the percentage 0 f slock owned by each.
Name and Address, and Offi.:..:
'S_T (' J W h'1p'p('Ior wi II .' LLC/
It, b 0 4 ~ /clt VU DlYl. ~r .
!\Janle..;- i= :34/ f!
3-J-,..., o' All n ie (vIe. n'::;" 1/ r
J"e,.{ n i.j),.. r f\Il (t n -5'eu ,-
(' )., r i :s--li (l e. (VI 1/ n .::;" t .0-
Percentage of Stock
331'3 1.
33. 3 T},
3'3. ~ ?I
c.
If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
. .-~...
..-."--
N:ln\<': and Aclllr<':$$
P<.:rc<:ntag<: of lnt~rt:st
,/
d. IC th~ prop~rty is ill th~ llal\IC or a G ENI~RAL or LIMITED P ^RTNl~RSIIIP, Ilstlhc
name of the geller~d :lilli/or limited partners.
Naill': and ^ddl~~~
l'~n:~lllag~ llfOwn.:rship
.,...,.
c, If there is a CONTRACT rOR PURCHASE, with an indiviclu~d or indi\'iduals, :l
Corporation, Trustee, or a P,tl'lllcrsl1ip, list thc namcs or the contract purchasers
below, including the orticers, stockholdcrs, bcncliciL}rics';'6rpartl1crs,
Naill': and ^ddn.:ss
PcrL:L:l\I::l[;': ot' OWllership
Date of Contract:
\1'1'11(' \TII), Flllt 1'\ 111.1(' llL\IU'\r: Flllt ST \'\Il.\IUl HF/O'\f - ~;I~ 11.\
f.
Agenda Item No. 80
December 12, 2006
If any contingency clause or contract temlS involve addition:\! parties, Pft~te ~Il. of 86
individuals or officers, if a corporation, partnership, or tnlSt.
....
Name.: <lnd Address
---
g. Date subject property, acquired (Ef!eased 0 ~ J f).liJSTermof lease
,
Yrs.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: ,or anticipated closing date
. ,.JJIl-
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the d~ttc of application, but prior to the date ortlle tinal public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest foml_
3. Detailed I cgnl description of the nropcl'tv covcred bv the application: (If space is
inadl.:quate, ~lttach Oil separate page.) If rClJuest involvcs change to more than one l.oning
district, include separate legal description for property involved in e.lch district.
Applicant shall submit fOllf (4) copies of a recent survey (colllpkted withill the last six
months, maximulll I" to 400' scale) iCrcquircd to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the corrcctlcg:tF.,description. Ir
questions arise conccrning the legal description, all cngineer's certification or scakd
survey lllay be required.
I g
Township: -4 q
Rangc: {) ~
Section:
IJot:
Block:
Subdi vision:
Plat Book /6/A- Page II: JIO~ Property 1.0.11: Ct) {J,gq'04DOO "J..
tvleles & Bounds Description: 5 \1 Q ().p. S I)Q o-P /ln~ 1/1 o-f SE Y1
/ 4.
32
Size of propcrt\': ..J 0
n.x 13~O ft. =TotaISq.Ft.435;G;ou Acres /0
/
), Addrcss/gcncrallocatioll of subicct propcrtv:
/450 W'h;ppc:orw'.11
La..ne.-
.,..~........~
\I'I'II('\TIO,\ FOI{ 1'1 'BI.I(" IIE.,\IU."C FOil ST.\'\1l \\W nrzn"F - ~ll~O,'
/,
,'1
l 6.
Adjacent 7.()l1in~ and LUle! use:
Agenda Item No. 80
December 12, 2006
Page 22 of 86
Zonin~
L:lnd LIse
s
~lt D
P u f)
E--.P ll0
\V Pl;t [.J
MCII-h
II
~Q (Y\ i IlJ
J
II
N
il
Ii
H LL\-h - ran'l'/ i
()A d~L/~/D;Je.d'
I
Docs the O\l,'nc:r of the subject properly own property contiguous to the subject property?
If so, givc compkte kgal (k~cription of entire contiguous propertS'-:- (If Sr~lee is
inadequatc, ~tt;'ch on scp;\rate page),
Sct:lion:
Township:
Range:
/J((r
l.ot:
Glock:
Subdi vision:
pLtl Bo~}k__ l\\gc 1;:__ Plop-:ny ['D./i:__
l\ kk~ &. n~Hlnd.'; l)..::-;criI1linn: _____.________,__,______.
'/ , l~l:I()tIC l~cq lIcsl: This application is rcqLlcslillg ;\ \\;/.Olle rr~1\l the ~-SC.LQLLJiUI((,...1
I,~)l\ing tli:-;trict (s) to the j:? ('vI r: (" zallillg district(s).
(lrcselll Use 01" the Pmp<':I'ly:
v (( Can+-
.,
Pr\.1posed Use (or r,u\gc al'L1scs) al'tllc property:_l1l.LL \~1 - 0Ul\ I \ ~
e {(t F' It--
8. E\';llll:1Iioll Cl'ilcria: Pursu~\I1l to Sccliotl IO,()3,05,G, or the Collier COlll1t)~ Land
Dc\cloplllCt\t Code, s l;IlTs a n:\\ysis and rccoI\1l\\cl1lLttiol1 to the PLlI\I\illg COl11lnlssioll,
,Itld the PI<l!lI\in" CO\l\l1\issioll's r<,:coI11l11";:!lCLtlioll lo the Da~\['d 0[" COUlll\' COl\\l\\issiollcrs
~ .
sk1l1 lJ<.: b~lsed upon COllsid<.:raliol\ 01' the appliclbk criteria l\lJt,_'d h: km' , !'t',y,id.: ~l
l\~\n~\ti\'e s l~\kI11CI\l d cscribillS t h..,: \'('I.OIlC rcqucsl \,'illt spcci lie r('I'cl'CII(\.' 1<) tl\\.' critcri~\
I\~)l('d bclo\\', In-..:\udc ~lllY luckujlll\~\lc{'i~ds ami dOClll\1Ctltaliol1 ill Slll)I)~)IIl1I'\h',: r~'ljll.:~t.
,\'idU(!drd l~l=::nii(, C'()}lsfdl'i'd!iou:-; (/./)(' .\L'clion !().03,05. G.)
,\I'J'I,I,I..~J.~~,~U.':!.J.!.!....~~~-".!.~~~i.I,I)I(" "11 '1>1' \~!~2:_t:......:..-'..1...~12.:.
Agenda Item No, 80
December 12, 2006
Page 23 of 86
/. Whether tire proposcd challge will he cOllsistellt with the goals, ohjectives, alld
policies alldfllture land IIse map (11/(/ the clemellts Of the groH'tlr lI/(/nClgemcllt plan, .
2. The existing lalld lIse pattern.
3. The possible creatioll of all isolated district unrelated to adjacellt and nearby
districts.
4. H1,ether existing district bOl/lldaries arc illogically drawll "z"'relatioll to existing
cOlldit iOlls 011 the property for the proposed challge.
5. Whether challged or changillg cOllditiollS make the passage of the proposed
amendmellt (rezolle) neCeSSCl1)'.
6. Whether the proposed change will {ufl'ersely illfluellce li\'ing conditiolls ill the
neighborhood.
7. Whether thc prol>osccI ch(fl/g(.~ \l'ill crcatc or excessively illcJ'l..'Clsc trajJic cOllgestioll or
crcole types oftl'ClJJlc deemed inco/llpatible wilh surl'ollllding land uscs, bect/use of
peak \'olwllt's or projected types ofl'ehicu/al' trajJlc. illell/dillg "ctil'ity dwing
constructioll plwses of the dC\'L'/OP/llCIII, or olhcrl\'isc (IjJi!ct puNic sllje.t.\'.
S. JVhclhL'rlllc pro/iost'd chal/gL' will cl'care (/ draillllg(,.' prohlc..'l/l.
V. Wltctlter tIll.! pro/>oscc! ch(/ngc will s(.'J"io/ls(1' rcduce Jigh! 0/1(/ (Iir!o w!jucellt areas.
10, If-'helllC.'J' IIIC.' /J/"oposcc! chunge wi/! sc:riol/s~l' (IjJ~ct property I'(clues ill the (/(!jOCCl/t
(/rea.
I I. Wltether tlte /JI'opoSL'd cltal/ge H'i// he (f dcterrclIt to thc illlfirol'cl/lelll OJ' dCl'efO/J/l/cl/t
of w!ja C('lIt p/"operly in ucco/'dunce: \ I'i I It existing rcgu !al iOIlS,
12, Whetller the /JI'vJiosecf cllIllIgC will cVllstitl/lc a gmnt oj s/)ecia/ Iwi\'i/cgc to (/11
illdin'dl/al OWIICI" u,~' cOl/tmsted \\'illl tlte fillhlic H'elJare.
13. H''llether there arc subslantia! rcasollS why the fJ/'OfJCI't)' CUllllot be used ill (lccord(lllc(~
with c-Yistiug zOlliug..._
14, Whether Ihe c/rallge slIggested is aliI oj sca!e willi rIle IIceds of tIle IIcigllbor/ldod O/'
J
Ihe COllllly.
/5. Whether it is illlpossiblc to find otltc/' ({(!eqllatc sites ill the coulltyfo/' the proposed
IIse in districts a/n!([(~j- pC/'lIlittillg Sllell IIse.
j 6, The physical characterisrics a/the property allef the degree of site ({{temlioll ll'hicll
\\'Qufd be requi/'ed to )]luke tlte property IIsable /01" (/IIY oj lite range! o/polelltia! lIses
IIl/(ler the proposed zOllillg classificatioll.
\I'I'I.I('\TIO'\ FOI< 1'('111.1('111-:,\1(1,\(; F()I(ST\,\!l\lW I<F/,()"f'-~fl~'ill
Agenda Item No. 80
December 12, 2006
Page 24 of 86
17. The illlJ>act of dew:lopment 01/ the availahility of adequate publicfacilities amI
services cOllsistcllt Wilh the levels o/sell'ice adopted ill thc Collier COllllty growth
managelllcnt plan and as defined and implemented through the Collier COllnty
Adeql/ate PI/blic Facifities Ordinallce [Code ell. 106, art. II}, as am elided,
18. SlIch other/actors, stCllldards, or criteria that the board of COl/llty commissioners
shall deem importallt illtlle protectioll afthe public health, safety, aile! welfare.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, .
however, many communities bave 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
oreler to ascertain whether or not the request is affected by existing deed restrictions.
10. Previolls land lIse petitions on the subiect J)ropcrt\': To your knowledge, has a public
hearing been held on this property within the last year? If so, what was th~ nature ofth:lt
hearing?
11, Aclditionnl Suhmittal rcquiremcnts: In addition to this compkted application, the
following shall be submitted in order for your application to be deemed suflicicnt, unkss
otherwise waived during the pre-app\lcation meeting.
a. A copy of the pr~-:\pplicalioll meeting notes;
b. If this raone is being requested for a specific lIse, provide lifteen (15) copies of a
24" x 36" conceptual site plan (lG copies if for ~\nordablc housing) (and olle nxluccLl
SYl" x 11" copy of site plan], drawn to a maximulll scale of I inch equals 400 fcct,
depicting the following [Additional copies of the plall 1l1ay uc n:qucsted upon
completion of starf evaluation Cor distribution to the Board ~\nd various advisory
boards such as the Environmental Advisory Board (GAB), 0[' CCPe];
. all existing and proposed structures and the dimensions thcrcof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and thc structurc(s) on site),
. all existing anel/or proposed parking and loading areas [include matrix indicating
required and provided p~rking ancl loading, inclucling requin::d parking for the
disabled),
. required preis, open sp:lce and preserve areas,
. proposed locations for utilities (as well as location of existillg utility SGf"ICCS \0
the site),
. proposed andlor cxisting landsc::lping and buffering as I11::1Y be required by the
County,
c. An archttcctural rendering of'<:Iny proposed structures.
d. An Environmentll Impact Statement (E[S), as required by Section 10.02.02. of th..::
L::Ind Development Code (LDC), or n request for wL\i\'cr ifappropriate.
\1'1'1 (('\TIO\; FOI{ l'I'III.le IlEIHI';<; Fill( 0.;'1' I'll \HI) Itf70'\F -4f\411.'
Agenda Item No. 80
December 12, 2006
Page 25 of 86
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken"
within the previolIs twelve months), minimum scale of one inch cqu:11s 400 fcc-i.
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification" shall be consistent with Florida Department of
Tran$portation Land Use Cover and Forms Classification System, Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.GS.07,B.1.).
~.
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traftic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical a nd archeological survey 0 r \v aiver application i fp roperty is located
within an area of historical or archaeological probability (as identified at prc-
application meeting);
i. The petitioner must provide a letter of no objection from the United Stales Postal
Service prior to submittal of the application, Please contact Robert tv!. Skcb..:.
Gro\vlh Management Coordinator al:
U.S, Postal Service
1200 Goodlette Road
Napks, Florida 341 02-999S
Phone (239) 435-2122; f'ax (239) 435-21 GO
j. Any additional requirl.:nlcnts as may b~ applicable to sp(:cilic conditional t1S~S :llld
idcntilied during the pre-application meeting. including but not lilllit..:d to allY
required state or redcra\ permils,
SectioJJ lO.03.05.B.3.or thc Land Development Code requircs an applicant to
rcmu\'C thcir public hearing advertising sign (5) after final action is takcn by
the Board of COllnty COlllmissioncrs, Bascd on.:th.c Uoard's final actioll Oil Uds
item, pleasc rcmovc al\ public hcaring advertising sign (5) illllllcdiatdy
l
U'I't 1("Tlll' rOlll't'III.I(' IIF,\ItI"" FOIl ST."Il\lW ItFi'.{),\F _~!I~'I).'
TRAFFiC IMPACT STATEMENT (TiS):
Agenda Item No, 80
December 12. 2006
Page 26 of 86
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following \\,lth
regard to TIS submittals:
!\t1NOR 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
pcti t ion 0 f ten acres or less.
MAJOR TIS; Required for all other rezone requests.
A minor TIS shall include the following:
l.
Trip G~n..:rJtion:
(~lt builll.Ollt)
AnnllJl Av~rag~ D;lily TrJrfi.:
Pt.:Jk Hour (AADT)
Pt.:Jk St.:J$01\ D;lily Trafrl':
l't.:ak Itllll!' (I'SDT)
2
Trip A$$i;;1\l111'nt:
Withi1\ Ibdius of lkvdllpll1t.:1\tll\l1ut.:1\<':t.: (RDl)
J.
Exi$ting Trani..::
Withi1\ lWI
AADT VOhUllt.:$
PSDT VO!tlnl<:S
Lcvd of St.:rvi..:t.: (LOS)
..\. Illlpat.:l ortht.: Prollllst.:d ll$t.: 01\ :lIT..:..:lt.:d mljl)[' thort)lIghLlrt.:$, i1\dllding :IIIY :l\lti..:ip:lt<:d changt.:$ in k\'t.:1 or
st.:rvkc.: (LOS),
5. AI\Y PI\Jpl)$L'd illlprU\''':IlI'':lIlS (ll) th..: sil..: (]I' th..: ..:xtcl'll:t1 rigill-or-W~IY) $lI..:h as pruvidil\g ur elil\linatillg all
il\k;r,,:s$/..:gress pOllll, or providil\g tllt'll or tked lalles or olher il\lprov<:nlellts.
6, D..:s..:rib<: :11\Y rropos~t1 III mitigate the Il..:galiv<: illlpa..:ts on th..: Iran$pOrlalion syskl\L
7, Fur H!.:1.0I1CS OI1\Y: Slale how litis r..:qllcst is comistcnt with thc :1ppli..:abk pulicies ul'lhcTranic
Circulation EklllL'l1t(TCE) of the Growth t'vlan:q;cmcllt Pbn (GMl'), including puti..:ics 1.3, 1.4, -1-1, 5,1,5.2,
7.2 :11111 7.3,
A i'lajol' TIS shall :Hldr!.:ss all of lhc itcllls list!.:l! alll)\'!.: (1'01':\ l\lillO\" TIS, and shall also includc all :\I\:d~sis of
the follo\\illg:
I, Il\tc:rscctioll An:llysis
2. 13ack:;.roulll\ Tr:lffic
; Flllun: Tr:lITic
4. Through Tralrl":
5. PIJn!1~rj.'Propo:5!:d ROJ.th\"J.Y l1nprIJvt.:!11.~'lH
\ \' 1'1 IC \'1' I (1'\ FOil I' (' \11 ,1(' II r \ 111'\ C; FOil "T \ '\I) \ 1(1) In'l() '\ F - .. I.. 11.1
6.
Proposed Schedule (PhJsing) ofDevdnpmcnl
Agenda Item No. 80
December 12, 2006
Page 27 of 86
TRAFFIC 1i\IPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a T IS for submittal in C o"njunctiol1 w illl a
conditional use or rezone petition:
1. Trio Generation: Provide the total trafflc generated by the project:for each link withln the
project's Radius of Development Influence (RDI) in conformance with the acceptable traftic
engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation
by the petitioner or the County justifies the use of alternative rates,
2. Trip Assi2lHllen t: Provide a map depicting the assignment to the network, 0 f l hose trips
generated by the proposed project. The assignment shall be m::lcl~ to all links within the RDI.
Both annual average and peak seasonal traflic should be depicted,
3. E:dstil1!:! Trnftic: Provide a map depicting the current tranic conditions on all lillks within
the RDI. Th~ AADT, PSDT, ami LOS shall be depicted lor all links within the RDI.
4. I.evel or SCl"\'icc (LOS): The LOS oru roadw.IY shall he expressed intel"lllS nrthe applicable
Collier County G~nerali/.~d Daily S~r\'ice VOIUIIlt.:$ as set (orth in the TCl~ or the G1\'I p,
5. Radius or nl'\'dOPllIcllt IllllllCIICC (Rn)): TheTIS shall cov~r the least orthe following t\\'0
area::;:
a) an area as set l"orth below; or,
b) the area in which tranic assignl1lents from the proposed project on the major
thoroughfares exceeds one p<.:rccnt oCtile LOS "e".
Land Use
Distallce
Residential
5 tvl iles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0- 49,999 Sq. n. 2 Miles
50,000 - 99, 999 Sq, n. 3 t\'lilcs
100,000 - 199,999 Sq, FL 4 l\'lilcs
200,000 - 399, 999 Sq, fl. 5 Miles
400,000 & up 5 Miles
III describing the RDI the TIS shall p ro\'idc the 111 easurcmcnt in road m iks frol11 t h~
proposed project rather tk\ll a geometric radius,
\1'1'11('\'1'1(1.'\ HlI( I'l'lIl.l(' IW\lu'\r; F()IIST\\II\IW l{r/()\r-~ 1~'O.\
6.
7.
8.
Agenda Item No, 8D
December 12, 2006
I . \ I . A . . 1" . I r Il . . pal ge 218 of 86
n tcrscctlOIl f l1a \'SIS: n Intcrsectlon aru YS1S IS rcqulr~( lor a mtersectlons Wit 111i t \<;
RDl whcre thc sum of the pcak-hour critical lane volum~ is projected to cxceed 1,200
Vehicles Pcr Hour (VPH).
flnck2rollnd Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares \vithin the RDI of the proposed
project shall be provided. This infom1ution shall be depicted on a map or, altem::ltively, in
a listing of those projects and their respective characteristics.
Future Trame: An estimate of the effects of traditional increase's in traftie resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective_ Future Land Use Elei11el1t (FLUE) and the
Collier County Land Development Code. This estimate shall be for the projected
devc\opment areas within the projects RDI. A map or list of sllch lands with potential
traftic impact calculations shall be provided.
9.
Through Traffic: At a minimum, increases in through traflic shall be addressed through
the year 2015. The methodology used to dcrivc the eSlimates shall be provided. it may be
desirabk to include any additioi\al docum~qtation and b:1Ckup data to support the
estimation as well.
I D.
1'1:\lIl1ccl/l'roposcd RO:lclw:lV ImprovcllIcnts: All proposed or pl:lnned roadway
ill1provelllcnts located within the ROl should hi.: idel\li lied. t\ descriplion of the fundii\g
cOI\llllitlllClIlS shall also be illCludc,1.
11.
Project Phasill!,!: Whcll a project phasil1g schcdule is depcndcnlllpol1 proposed roadway
illlpro\'cII1Ci\ts, a phasing schedule l\lay bc ii\cludcd as part or the TIS. I C the traClie
llllp:1Cts or a project ,Ire lHitigakd lht"Ough a ph:\~in'g schedule, such a pllasillg schedule
may be made a condilioi\ Or,HiY approval.
...
..:.,
liS \'(l!(:'1 H 1/1 1I1U 1--1 10/\71')7
\I'I'II( \1'11)'\ 1(llt 1'11111('111':\1(\'\(; H)J(ST\'\II\J(IIIU'/(l'\~'.-~ I~ 1)1
Agenda Item No. 80
December 12, 2006
. _~ Page29of86
STANDARD REZO,VE APPLICATIOrr--/L ~
SUBMITTAL CHECKLIST t:::
TillS COMPLETED CHECKLIST IS TO nE SUIli\I1TTED WITH APPLlCATIO:\'
PACKET!
REQUIREMENTS # OF ['\01'
COPIES REQUIRED RF.OU[I~EI
1. Completed Application 20*
2. Copy of Dced(s) and list identifying Owner(s) and all 2*-
Pnrtners if a Corporation
3, Completed Owner/Agent Aflidavit, Notnl'izcd 2*
4. Prc-application notes/minutes:' 20*
(2) Conceptual Site Plans 20* ><
G. En\'ironmcntallmpact Statement - (EIS) I)\) C\ I V c:..y'"" 4
0> Acrial Photograph - (with habitat areas identified) 5*
8. Complctcd Utility P,'o\'isions Statcmcnt (with requircd 4
~lttach mcnts llnd sketches)
<~ Traffic Impact Statcment - (TIS) 7
10. lIistorical & ^rchacolo~ical Surveyor Waivcr 4
Alllllicatioll \1\1 Cq'( ttf'
11. Copies of State alld/or Fcderall'crlllits N/-it- 4
12. An:hitcdllrall~cllderillg of Proposed Strllclllrc(s) 4
.QJJ Electrollic copy of all dOclIlllcnts and plans 1
14, Applicatioll Fec = $()()OO.OO pillS $25.00 per acre -
CUlllprchcllsi\'c Plan Consistency Review = S750.00
Fire Code I~e\'iew Fee = $1 aO.GO
-
CII<:ck sllall he madc payahle to:
('o/lier COllllf)' /Joa/'([ of COlli 111 issiOIl('1'S
VJ Lettel' of IlO ohjectioll from tile U.llitcd Stat<:s Postal 1
Scn'ice.
I (" 0 [h Cl' l~ctJlIi rCllle Il ts -
* ..\dtlitiIJllal DOCUlllCllts required fur L()n:;-Rall~c l'lallning Itc\'ic\1'.
,'\s tile .Iulhuril.ed a:';-':IlL"applicallt for this Pditioll, I attest lklt all ot" thl.' infonll_llioll illdicall.'d Oil this chl.'ckliit i,;
ill..lu,led ill tlti:; suhlllitLII pad;a:,;e. IUl\lkrst;\lll\ th,lt Llilme t\1 include allll~'..:-.:s;ary submittal illformalioll m;IY rl.'stdt
ill tile deby of processillg tltis petitioll,
_~. --1~Lwl f3L (:-II t' r /'<-
- 1\g.tnt/ Applicanl SiSl1~\lur~
,,-,
)'1
\::.J LJ1
r
"') n !.! _ <,7"' c;
;:C1........_L=,_
D~ll(:
'\'1'1 1\', \ l\ '" F ( ) 1( \'\' III I ( II F \ 1(1 '\ (; I' ( II( " r , "\ 1) \ 1(11 1\ f' 1\1\ F _ I 1 ~ 111
~\~~~~~ ~7~'.~::::~OG
\y'/'
ADDRESSING CHECKUST ~. . ..
Pleaae complete the fol1owine md submit to the Addrcssing Section for Review. Not allltc:m. WIll aoplv t4~
every Droiect. TtClJ15 in bold type-lIe roouired. '
e9/13/~0e~
23:135
15:55
e,5'3~724
<)415 327
.e9/28~2ea~
P ~GE In
Agenda Item No, 80
Oec~r1~~2006
Page 30 of 86
3CA-- DI.3C
1. Lecal detc:r~tioD of subject p~~y ~r p10p'crties (copy oI1~",gthy ducriptioll may be atltJchet )
~f'~ A~t'.h~d - PQA(LJ '4-t,"'.. \ ~_-:- L.;..9 - ~--
--
2. f'oliCl (Property ID) ..mber(5) of above (attach la, or a3s~ciate with. legal descriptiol1 ifmor~ tha.n oile)
DO a"g E. () 4- 000;)", --
3. Street addres$ or addreues (as applicabl,. if already assigner!)
/4SD Whiffco,e.WlLL 1QJ1~
--
4. Loe.tloD map, showmg exact location ofprojecv~ite in relation to tJeltre3t public road tight-of.' ",ay (af.ach)
S. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES) . '.
6. Proposed proj~t name (ifapplicable) J1 Wh ' ~ p~.:l k.IO""~ "->0 ~
L'ety 0 . . , fP .(?O1l. /III L.L - O-fPll'J...d o...-t ~ ok,"", ~
7. ~pOI~ Street name, (ifappUcab/~)
.~
&. Site DcvelopmerJt Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP ,
9, petltSon Type - (Complet~ a separate Addressing Checklist for each Petition Type)
~ SDP (Si\e Df:vc:lopment Plan)
SDPA (SDP Amendment)
SOP l (SDF lnlubstantial Ch.a.nge)
SIP (Site Improvement Plan)
B SIPA (SIP Amendment)
SNR (Street Name Chan~~)
o Vegcta.tionlExotic (Veg. Removal Permits) .
li1 Land Use Petition (Ve.ncnc;e. Conditional Use,
Boat Dcx:k E~t., RCl:onl;,~UD ~zo~~c,)
o Othu. DC5crlbe: .,' <oJ:'
1 Q, Proj~ or d~ve,lopment nemes.m:opo&cd for. or alreat!L appearing in. condo~iniunl uocumentJl C P,
applicable:; mdicate whethetpropo.ed orexi,ting) ~~~ L:Q~o WhiffO:-~WJ.~
II. Pleue Chock One: Cbecklirlt is to b~ Fa;.;ed Ba~ Penonanypickod Up-_. . . ~.:...::-..--
12. ~pUcaDt Nairne n Pboae_ rll\x StDl1_ ~-.13~,'l
13, SlV1Rt\Ire on Addressing Checklist ':8 not c itute Project and/or Str-ect Name approval and j; &ubJe< t to
further review by tht: Ad~ing Scction.
FOR ST A~F USE ONLY
Primary Number C,G, 13
Addreu Number
Ad~s Numb-er
Addreu Number
o pp~ (Plans & Plat Rcvit:w)
o ?Sp (P,<<!liminary Subdi~'iaion PIal I
. 0 FP (Fillall'lll.t)
8' LLA (~t Line Adjustment)
. B L (Blutin& p~ mit)
8 ROW (Right-of.We.y Pennit)
EXP (Excavation Permit)
o VRSFP (Veg, RemoYAI & Site Fill Permit:
~,
Approved by "\~
(n~Ch.':!:L..-Datc q - c... '1 - 2.f::I=-
~3.2[-Ol
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
Agenda Item No. 8D
December 12, 2006
Page 31 of 86
CA YO WHIPPORWILL
EV ALUA TION NARRATIVE
1. Whether the proposed change will be consistent with the goals, objectives, and policies
and future land use map and the elements of the growth management plan.
The proposed multifamily use is consistent with the growth manageglent plan. The
project is in a density band that provides for up to 7 units per acre. Infill density increase
provisions are not being requested. .
2. The existing land use pattern.
The existing neighborhood is a collection of primarily multifamily and townhouse
development.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The rezone to RMF-6 multifamily for this parcel. which is surrounded by PUD's with
similar density and proposed use, will make it more consistent with adjacent zoning.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
This change will complement previous changes in the area which have been primarily
AG to PUD/multifamily.
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
The petition results in efficient infill for the area, most of which are in various stages of
build out.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change will not adversely influence the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because ofpeak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The low munber of multifamily units will not create significant traffic congestion.
8. Whether the proposed change will create a drainage problem.
The proposed use will not create a drainage problem. The water management system will
be designed in accordance with SFWMD 25 year / 3 day criteria.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed multifamily usage will not seriously reduce light and air to adjacent areas.
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7121/05
KAY DESELEM
Agenda Item No. 80
December 12, 2006
Page 32 of 86
10. Whether the proposed change will seriously affect property values in the adjacent
area.
The proposed change should have a beneficial affect on adjacent property values by
making the zoning similar to all adjacent sites.
11. Whether the proposed change will be a deterrent to the improvem,ent or development
of adjacent property in accordance with existing regulations. .
The proposed change will not affect developmentofadjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Given the shortage of available multifamily units in Collier County, and the "in-town"
proximity of the project, the public welfare is well served and no special privilege is
granted.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The existing AG zoning is not fully compatible with adjacent uses, and the most efficient
use of the property is normal multifamily units.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the county.
The change brings the parcel into scale with the adjacent parcels to the north, west, east
and south. All have similar density's and existing or proposed uses.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
There is a very minimal supply of other sites for multifamily development in the urban
area.
16. The physical characteristics of the property and the degree oj site alteration which
would be required to make the property usable for any of the range of potential uses
under fhe proposed zoning class.
The physical characteristics of the property are perfect for standard multifamily usage.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County Adequate
Public Facilities Ordinance [Code ch. 106, art. II], as amended.
The proposed units will have a negligible impact on adequate public facilities. Given the
shortage of units in Naples and the close proximity of the site to commercial and business
uses, there is actually a positive impact on existing facilities.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and ll'elfare.
There are no other identified factors or criteria of concem
Agenda Item No. 8D
December 12, 2006
Page 33 of 86
AFFIDAVIT
Well, S} ~ ho.."\~ ~ M.~ ~e 0...( being duly sworn, depose and say that well
amlare the 0 ers of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our
knowledge and belief. Well understand that the information requested on this application
must be complete and accurate and the content of this form, whether computer generated or
County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete and all required information has been submitted.
B · ^A ~ ~ 8..*"~r'
As property owner Well further authorize (l(it' , .. \.~s~ or , to act
as ourlmy representative in any matters regarding this Petition. ,
~~r
>
Signature of Property Owner
> ~h......( ~ MIL....>..........
Typed r Printed Name of Owner
>
Typed or Printed Name of Owner
The foregoiI?-~ instrument was acknowledged before me this 'Oia day of ..:=h.lu ,
2005, by S+~hCUli~ Mansour- who is~rsonal1>, knnwn tn~
produced n J ct_ . as identification.
,
State of Florida
County of Collier
(JdLbbu =I( ri!i~
(Signature of Notary Public - tate
Florida)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
.}~~'V~f1"~ Debbie X. UOJd
gKi~Om-lNGIl#:DJlE1SlS,
~~ .!.t'S 1qIhs~~.
~'!J} ~~ ...... .
"",l!lI1~~~" /tianUc ~ CG., tm:.
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
~~/:?4/:':1:!115 ,~~:u?,3
9415&&1327
BUTLER ENGINEERING
PAGE ,82
Agenda Item No. 8D
December 12, 2006
Page 34 of 86
AFFIDAVIT
we<D Stephan i eM. Mans our being first dilly swortl, d.epose and say that well
am/are the owners of the property described herein GIld which is the subject maller of the
proposed hearing; that all the answers to the quutiotls in this application. inell/ding the
disclosure of interest information, all sketclles, datll, aud orller supplementary matter attached to
and made a part of this application, are honest aud true to tile best of Ollr knowledge and belief
Well Ut,derstand that the infom/alion requested on this application mllst be complete and
CICCllrate and that the coment of rMs form. whether compurer generated or COllllty prinledshall
not be altered. Public hearings wlllllot be advertised Ulllilthis application is deemed complete,
and all required illformation has been submitted.
As properly owner We(iiurther alllhorize Butler Enllineering, Inc.
as our/my represl!lIlative in 'my moUers regarding rlris Petition
to act
Sigmltllre oJ Properry OWller
Stephanie M. Mansour
,..#~
TYf,ad or P~ifrfi.!({Ncrmc of OWller
Typed or Printeel Nmtle oj Owner
Tlreforegoi/lg';IIstrwlIc!IIt WC1S acknowledged before me rlris ,~ day of. Ma
200~. by .5-I-eohanl<. ~u..r- who is personally kllOW11 to me or has roc/ueed
~1,4- I CIS iderrcificatioll.
Sieae 'of Florida
COllllty of Collier
m~n' Debbie lC. LIOJd
! :~-#mllliB!5
S'5 :'i ~ Dct.1S, *X5L
~~'*"'~ ,Bcab! 'l1Ii1l .
~11'n"\\ A&ntX: BaDdiog Ca., Yn::.
(SignClwre of Notary Public - Sr"te 0
Flo/'ida)
(Prim. T:vpe. or Swmp COlllmissio/led
Name of Notary Public)
,\l'!'I.I(',\, T10f'( F01~ rnJLIC IIt:ARtNr. "OR STA~I),\ttl) ltF:7U:'\F: ~ <t/1<t/03
Rz..2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
-NO. 694S-P. 4
*** 3566415 OR: 31t1re~~~1~~***
RleORDID ill OrnCIAL UCOIDS of coa!W~ff, 8ft
02/21/2005 It Ol:S~PI DIIGBT I. BIOCI, CLIRI
cors 175000.00
IIC rll 10.01
DOC-.7' &125.00
;.
. FEB. 18.2005 4:48PM
Prap:ny ~.
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~ ~..~ 1IllIlO.. ar...oc..n CIII1 onda . 'ill Callierc..r.,,!1ol:HI. 'I'iz:
TO HI. VB AND TO 1roLD. tba
AND. .. Gnalila- t.Nbr
ill 1ile1impM; dllllIIcI c:a.._1DCI4
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LiDIIa A. ~ m - alIIIata.d ~.. ~ oCPiIe VIew, u.c. a "-1a u.bIIIitr
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Cal,......., EaPraIlbr4,"
COlllllt'..loft . DD1U'l'I3
Ilondecl By HItlonII Nolaty Alan.
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/2t/OS
KAY DESELEM
I POOR QUALITY ORIGINAL 1
\, ' .~.
Agenda Item No. 80
December 12, 2006
Page 36 of 86
Florida Limited Liability
SJC WHIPPOORWILL, L.L.C.
PRINCIPAL ADDRESS
6604 RIDGEWOOD DRIVE
NAPLES FL 34108 US
MAILING ADDRESS
6604 RIDGEWOOD DRIVE
NAPLES FL 34108 US
Document Number
L05000015160
FEI Number
NONE
Date Filed
02/14/2005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
MANSOUR., M
6604 Rl.DGEWOOD DRNE
NAPLES FL 34108
ManagerlMember Detail
Name & Address II Title
NONE I
~I
Annual Reports
Report Year \1 Filed Date
II
r----------
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =L05000015160&n2=NAMFWD... 5/9/2005
Details
-
Current Ownership
Property Addressll1450 WHIPPOORWILL LN .
Page 1 of 1
Agenda Item No. 80
December 12, 2006
3~~.EI of 86
'._, I
Folio No.11 00288040002 M,<lQ H
Owner Name SJC WHIPPOORWILL LLC
Addresses 6604 RIDGEWOOD DR
City NAPLES H StateD FL U ZIJ)1I34108 - 0000
Legal
1'''9 2. 51/2 OF 5112 OF
NW114 OF SE114, 10 AC OR 1564
PG 2102
-t Mllia!lt
12.8115
Section ij Township ~ Range Acres
18 49 26 10
Sub No. I 100 ACREAGE HEADER
'1l Use Code 99 NON-AGRICULTURAL ACREAGE
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 742,500.00
(+llmproved Value $ 0.00
(=) Market Value $ 742,500.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 742,500.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 742,500.00
Date Book - Page Amount
02 I 2006 37.4.1 -..4114 $ 875,000.00
04 I 2000 2..ll.6.~.1 $ 260,000.00
SOH = .Save Our Homes" exempt value due to cap on assessment
increases.
t:r:EaiI
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetaiLasp ?F olioID=0000000288040002
5/9/2005
Electronic Articles of Organization
For
Florida Limited Liability Company
Article I
The name of the Limited Liability Company is:
SJC WHIPPOORWILL, L.L.C.
Agenda Item No. 80
~~68'Br
February 14, 2005
Sec. Of state
jbryan
Article II
The street address of the principal office of the Limited Liability Company is:
6604 RIDGEWOOD DRIVE
NAPLES, FL. US 34108
The mailing address of the Limited Liability Company is:
6604 RIDGEWOOD DRIVE
NAPLES, FL. US 34108
Article III
The purpose for which this Limited Liability Company is organized is:
ANY AND ALL LAWFUL BUSINESS.
Article IV
The name and Florida street address of the registered agent is:
STEPHANIE M MANSOUR
6604 RIDGEWOOD DRIVE
NAPLES, FL. 34108
Having been named as registered agent and to accept service of process
for the above stated limited liability company at the place designated
in this certificate, I hereby accept the appointment as registered agent
and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete performance
of my duties, and I am familiar with and accept the obligations of my
position as registered agent.
Registered Agent Signature: STEPHANIE M. MANSOUR
Signature of member or an authorized representative of a member
Signature: JAMES D. DATI
------------------
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Agenda Ite~ 2N~,O~~
December 39' of 86
Page
...,
1.
2.
3.
Agenda Item No, 80
December 12, 2006
Page 40 of 86
(i)',
'.
, .:1
. .
. ..' .
STA TEI\IE.NT or UTILITY PRO\'ISIO~S rOR STANnARD REZONE RE.OUI~ST
l','A[\IE Of APPLICANT: FSr i an M rln 5()( l~r
1\IAILING ADDRESS: & tr D4- /~;dge~t-U/)D.d .br
CITY I\J (l {) /e.s'.' STATE '. -.:;- L Zl P 31'1 0 ?J
I
ADDlZE.SS or SUB.I E.cr PI~OPEH.TY (I F AVAILABLE):
.....
1450, \,0\1; 1)(\r'(11-~\J'i!J Co.ne..
NC: {) 11':'<:"; ~L_.
f I
4. IYG:\1. DESCIUI'TIO:\':
Sec! ion:
I S
To \\ 1\ S I Ii p: .:7- C}
)I...r
Ibllge:
I .Il t:
Blod,: ..
S 11 h d i\' i s i 0 II:
I'Llt Bool, ISl.:,L) POlgC II: ,;1/0 ~^ Properly J.D.II: OO,~ S' g ()-"I Cor; ~)....
i\ldcs & Boullds DesuiptiO\1:
5 \ /.:;J. c),\ ~~ II:).
01"
N l,V \ 1/:)- i
- \/
c: f - 1-
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(,
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T Y I' E 0 F S I': \ \' AGE I) I S PO S A \ . TO BEl' I ~ 0 \' I1)E J) (C 111: C k :t P pi i c a hies Y s l e Ill) :
a. COUNTY UTI LlTY SYSTl:I\\ Zl
b. CITY UTILITY S\'STI'~i\1 0
c. FH.ANCIIISED UTILITY SYSTEi\1 0
l' H.O \' IDE N A 1\ 1(~
d. I't\CK.\GE TREi\Ti\II':l\'T j'LAl\'T 0
(Cl'l> capacity)
e. SEPTIC SYSTEi\! 0
s.
J .
6.
TYPE OF \VATER SEl~\'ICE TO BE ('IZO\'1 DEl):
a. COUNTY UTILITY SYSTEi\l
b. CITY UTILlTY SY'STEi\l
c. F1~;\t'iCIIISED UTILITY SYSTEi\I
El
o
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l' 1 Z 0 \' I [) E [\; .-\~, W
d, 1'IU\'ATI~ SYSTl:i\l (\\'1':1.1.)
21"~111'\1\11'-. \'1)11 1'1\\\ ,,'llf \IU'-(; 1'llll,1 \'-\\\\,IlI;\:/\1'-.f --4111\\
~1
Age~\~.8D
December 12, 2006
Page 41 of 86
7.
TOTAL POPULATION TO BE SERVED:
8.
PEAK AND AVERAGE DAILY DEMANDS:
A. 'VATER-PEAK \"?,~ 2.1.. AVERAGE DAILY
B. SE\VER-PEAK QZO+ AVERAGE DAILY
10'&'-
70 IQO
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
\V A TER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED: .Job,.,) "'lAf;)'7
1 O. NARRATIVE 81' A TEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION 81' A TEMENT: [f the project is
located withln the services boundaries of Colliel; County's utility servicc systcm, \Vrittcll
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
watcr distribution and sewage collection facilities \vithin thc projcct area upon
completion of the cOllstruction oCthese facilities ill accordance with all applicable Coullty
ordinances in cffect at the at time. This statement shall also includc an agrecmcnt that the
app I icab Ie systcm development charges and connection fees wi II be paid to the Coullty
Utilities Division prior to the issuance of building permits by the County. If applicabk,
the statement shall' contaiH shall contain an agreement to dediG<ltc the appropriatc utility
caselllcnts for serving tile walcr Hml sewer systems,
12. STATEMENT OF AVAILABILITY CAPACITY.YROl\l OTIIER PROVIDERS:
Unless waived or otherwise provided for at the pre-application mceting, if the project is
to r eccive s cwcr 0 r potable watcr scrviccs from any provider other than the County, a
statemcnt from that provider indicating that there is adequatc capacity to serve the project
shall bc provided.
l'lil;l)' "J"(J\'hi<l1l St;'(Cl11l'lIt ILl ,\1 10/171<)7
\ \'1'1. \(',\1'1 (), FOI{ "1'111 1(' II F \IU 'C FOI( ST "11 \1(11 IUJO' F - ~:I.l.'I)-'
CAYO WHIPPORWILL
PEAK HOUR DIRECTIONAL TRIP SUMMARY
TABLE 1 TOTAL PM PEAK HOUR PROJECT TRIP GENERATION
LAND USE ITE CODE UNITS RATE PEAK HR
AVTE TRIPS
RESIDENTIAL 230 59 0.54 32
TABLE 2 ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR
LAND US E TOTAL PERCENTAGE PM TRIPS
TRIPS ENTER EXIT ENTER EXIT
RESIDENTIAL 32 65 35 20.8 11.2
EAST BOUND TRIPS - PINE RIDGE ROAD
WEST BOUND TRIPS - PINE RIDGE ROAD
15
6
3
8
J. RY BUTLER, PE 35479
11/9/2005
Agenda Item No. 80
December 12, 2006
Page 42 of 86
BUTLER ~
. . .
engineering, Inc.
Agenda Item No. 8D
December 12, 2006
Page 43 of 86
~1005-AJi.8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
June 15, 2005
Ms. Ray Bellows '
Collier County Planhing Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Re: Cayo Whippoorwill
Dear Ray,
This letter is sent to request a Historical Survey waiver on the above referenced project. Please
let me know if you have any questions or need additional information.
364-01.30
2223 TRADE CENTER WAY NAPLES. FLORIDA 34109
TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 Email PBUTLER202@AOL.COM
Agenda Item No. 80
December 12, 2006
Page 44 of 86
~ UNfTED STl1TES
. I!iiiiiiiI POSTl1L SERVICE
. .Junel1., 2005
~2005-AFl-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
Debbie Uoyd
" Butler Engineering.-Inc.
"2223 Trade Center Way
NapleS, ROOda.34 I 09
Letter -ofne objection,'
/... .
Cayo Whipperwill."
The Postal Service bas no objection to .delivery in your development, pending the mode of delivery'in
which we will establish in accordance with your approved P.U .D.
Sincerely,
~SW~
Bob Sk.ebe
Growth Management
}~...ES MAIN OFFICE
'1200 GOODLEi-re RD N
NAPLES; FL 34102-9998
..
Agenda Item No. 80
'HOOVER PLANNING & DEVELOPMENteiN€~~~f~~
Land, Environmental & Traffic Planning Consultants
3785 Airport Road North, Suite B-1, Naples, Florida 34105
PROTECTED SPECIES SURVEY (PSS)
Project:
CAYO WHIPPOORWILL
SECTION 18 TOWNSHIP 49 SOUTH, RANGE 26 EAST
APPROXIMATELY 9.86 ACRES
Presented to:
COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
November 8,2005
RE-SUBMITT AL
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 11110/05
KAY DESELEM
Agenda Item No. 80
Ca~~j1*.iif006
Protected SpedfA~~e?f 86
Page 2
INTRODUCTION
The purpose of this report is to detail results of a protected species survey conducted on the Cayo
Whippoorwill parcel in November of 2005 by personnel from Hoover Planning & Development,
Inc.
LOCATION
The Cayo Whippoorwill property is located approximately % of a mile south of Pine Ridge Road
and immediately east of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East,
in Collier County, Florida. See attached location map. The parcel totals approximately 9.86
acres.
SPECIES SURVEY MATERIALS & METHODS
The species survey was conducted using a methodology similar to that discussed in the Florida
Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection
Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for
Large-scale Development in Florida." This technique is made up of the following steps: First,
vegetation communities or land-uses on the subject site are delineated on a recent aerial
photograph (Collier County 2004) using the Florida Land Use, Cover and Forms Classification
System (FLUCCS). Next, the FLUCCS codes are cross-referenced with a list of protected
species (FWC-Florida's Endangered Species, Threatened Species & Species of Special Concem-
Official Lists, Publication Date: January 29, 2004). A list of protected plant species was
obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida
Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of
Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 4th Edition-2003).
The result is a composite table that contains the names of the protected species which have the
highest probability of occurring in each particular FLUCCS community. See table 1 of this
report for the species list that applies to this property.
With a list of the potential listed plants and animals, each FLUCCS community is searched in the
field for these species. An intensive pedestrian survey is conducted using belt or meandering
transects and lOx 36 binoculars as a means of searching for plants and animals. If necessary,
transect integrity is maintained by using a GPS in track mode. In addition, periodic "stop-look-
listen" and quiet stalking methods are conducted for animals. Signs or sightings of all listed and
non-listed species are then recorded.
Based on the habitat types found on this parcel of land, particular attention was paid to the
presence or absence of gopher tortoise.
EXISTING SITE CONDITIONS
Temperatures during the fieldwork for this survey were in the upper 70's. The weather was
cloudy. Approximately 3 man-hours were logged on the prope11y during the species survey.
Table 3 details dates and times spent in the field for this survey.
GIHP P,oje<:l File.\JOO's\J89.Envi,onmen.a1 Assessments 3\389-G70 Wbipporwill FPL SiteIP,olected Species Survey.doc
Agenda Item No. 80
CayI;>Wh~~aw,l~f~~
Protected SpecIes ~urvey
Page 3
The property is surrounded by development and remaining habitats on the parcel are highly
disturbed. Additionally, the site is bisected east-west by a 170' FPL easement leaving 30' of the
parcel south of the easement and 125' north of the easement.
The property has the following surrounding land uses:
West Whippoorwill Lane
North Residential Development (Mariposa)
South Residential Development (Stratford Place)
East Residential Development (Stratford Place)
Listed below are the FLUCCS communities identified on the site. The following community
descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use,
Cover and Forms Classification System (Department of Transportation, Surveying & Mapping
Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further
detailed in Table 4.
Pine Flatwoods, FLUCCS 411. 1.22 Acres
This community is dominated by slash pine in the canopy. Midstory includes scattered
saw palmetto, myrsine, and buckthorn. Other vegetation present includes grapevine,
poison ivy, Spanish needles, broom sedge, scattered cypress, Caesar weed, and smilax.
Disturbed Lands, FLUCCS 740,3.42 Acres
This classification is makes up the majority of the property north ofthe FPL easement.
Much of this area was historically cleared; the remainder is dominated by a variety of
exotic trees, such as ear leaf acacia and Australian pine. Midstory is absent.
Groundcover vegetation includesbahia, sandspur, Spanish needles, grapevine, and dog
fennel. Many of the trees in this portion of the property were toppled by hurricane
Wilma in October.
Road ROW, FLUCCS 814,0.30 Acres
Whippoorwill Lane and its associated ROW make up the western boundary of the
property. The ROW includes curb, sidewalk, and sod.
FPL Easement, FLUCCS 832,4.92 Acres
This classification makes up the majority of the property. Vegetation has been mostly
cleared from this area, although scattered slash pine and exotic trees are found along its
north line. Groundcover vegetation is typical of disturbed areas and includes Spanish
needles, sandspur, acacia, bahia, broom sedge, and grapevine.
RESULTS
The various protected species which may occur in the corresponding FLUCCS communities are
shown in Table 1. All animal species observed on the subject parcel are detailed in Table 2. See
attached drawing entitled "Cayo Whippoorwill-Protected Species Survey" for representative
survey transects.
G:\HP Project Fih::i\300's,\389.Environmental AlScssments 3\389-070 Whipporwill FPL Silc\Proteaed Species Survey. doc
Agenda Item No. 80
caybl~,~21IZ006
~n "WM ,rn bf 86
Protected Species urvey
Page 4
No animal listed species (or signs thereof) were observed. Several common wild pine
(Tillandsiafasciculata) were observed in trees in the pine flatwoods on the parcel.
DISCUSSION
Gopher Tortoise
This property is located in a highly developed area with an extreme amount of human activity.
The remnant habitat on the property is of poor quality for gopher tortoise, with limestone near or
at the surface and no habitat on adjacent properties.
Wild Pine (Tillandsia fasciculata)
These individuals will need to be relocated prior to clearing the parcel.
G:\HP Project files\300's\389.Environmental Ass.essments 3\389-G70 Whipporwill FPL Sitc\Protected Species Survey.doc
Agenda Item No. 80
December 12, 2006
Cayo WhlP9gGr.:wJUlf 86
Protected Species Survey
Page 5
Table 1. Protected species list according to FLUCCS category.
FLUCCS Potential Listed Species Scientific Name Desil!oated Status
FWC or FWS
FDA
411 Beautiful Pawpaw Deeringothamnus pu/che/lus E E
Big Cypress Fox Squirrel Sciurus niger avicennia T -
Eastern Indigo Snake Drymarchon corais couperi T T
Fakahatchee Burmannia Burmannia flava E -
Florida B lack Bear Ursus americanus floridanus T -
Florida Coontie Zamia floridana C -
Florida Panther Felis concolor coryi E E
Gopher Frog Rana capito SSC -
Gopher Tortoise Gopherus polyphemus SSC -
Red-Cockaded Woodpecker Picoides borealis T E
Satinleaf Chrysophyllum oliviforme E -
Southeastern American Kestrel Falco sparverius paulus T -
Twisted Air Plant Tillandsia flexousa E -
Common Wild Pine Tillandsiafasciculata E .
740 Burrowing Owl Speotyto cunicularia SSC -
Gopher Tortoise Gopherus polyphemus SSC .
814 & 832 NONE - . -
Abbreviations:
Agencies
FWC=Florida Fish and Wildlife Conservation Commission
FDA =Florida Department of Agriculture and Consumer Services
FWS=United States Fish and Wildlife Service
Status
E=Endangered
T=Threatened
T(SI A)=ThreatenedlSimilarity of Appearance
SSC=Species of Special Concern
C=Commercially Exploited
G:\HP Project FiI.s\300',\389-Environm.mli A.....m.nu J\J89.G70 WhipPOrwill FPL Si,.IP'OICCled Species Survey.doc
Agenda Item No. 80
Cayc9wt1~Q(1b.1~12006
J~C1e' ~m bf 86
Protected Species -::survey
Page 6
Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property.
Birds
Common Name Scientific Name Observation Listed? Status
Type (YfN)
Black Vulture CoraJ!Vf)s atratus DV N -
Common Grackle OUisalus quiscula DV N -
Moumina Dove Zenaida macroura DV,HV N -
Northern Mockingbird Mimus lJoly~lottos DV,HV N -
Mammals
Common Name Scientific Name Observation Listed? Status
Tvne rY IN)
NONE
R 'I
ept! es
Common Name Scientific Name Observation Listed? Status
Type (Y IN)
Brown Anole Anolis sagrei DV N -
h.b'
Amp, I lans
Common Name Scientific Name Observation Listed? Status
Tvpe (Y/N)
NONE
Plants
Common Name Scientific Name Observation Listed? Status
Tvpe (Y IN)
Common Wild Pine Tillandsia fasciculata DV Y E-FDA
Abbreviations:
Agencies
FWC=Florida Fish and Wildlife Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
FWS=United States Fish and Wildlife Service
Status
E=Endangered
T=Threatened
T(S/ A)=ThreatenedlSimilarity of Appearance
SSC=Species of Special Concern
C=Commercially Exploited
Observations
DV=Direct Visual
HV=Heard Vocalization
OT=Observed Tracks
OH=Observed Hole\Burrow
MT=Marked Tree
C=Cavity
G:\HP Project Files\300's\J89.Environmentll Aues.sment!i 3\389-G70 Whipporwill FPL Si!c\Protected Spc:::ies Survey_doc
Agenda Item No. 80
Cayb>~~O~1Il006
Protected SpeJi~~ey f 86
Page 7
Table 3. field time spent on the subject property
Date Start Time End Time Hours Task
November 1,2005 2:00om 5:00om 3 Species Survey
Total 3
Table 4. Representative vegetation by FLUCCS community on the BOllS Building Parcel.
NAME
COMMON
NAME
STRATUM
411- Pine Flatwoods
Common
Pinus elliotti
Smilax spp.
Urena /obata
Vitis rotundifolia
pine (slash pine)
smilax
Caesar weed
muscadine grape
canopy
vine
ground cover
vine
Occasional
Bumelia celastrina
Serenoa repens
Acacia auriculiformis*
Bidens pilosa
Taxodium ascendens
buckthorn
saw palmetto
ear leaf acacia
Spanish needles
pond cypress
mid-story
mid-story
canopy
ground cover
canopy
*invasive exotic
NAME
COMMON
NAME
STRATUM
740 - Disturbed Lands
Common
Acacia auriculiformis*
Cassurina spp.
Bidens pilosa
Paspalum notatum
C enchrus incertus
Urena lobata
ear leaf acacia
Australian pine
Spanish needles
bahia grass
Coast sandspur
Caesar weed
canopy
canopy
ground cover
ground cover
ground cover
ground cover
* invasive exotic
G'.IHP Ptojeet Files\300',\J89-Environment&1 Assessments )\389-G70 Whipporwill FPL SiteIP""ected Speci.. Survey,doc
Agenda Item No. 80
December 12, 2006
.L'a~ 52 of 86
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BUTLER .........
engineering, inc.
Agenda Item No. 80
December 12, 2006
Page 55 of 86
January 23,2006
Ms. Kay Deselem., AICP
Collier County Planning Services
2800 North Horseshoe Drive
Naples, Florida 34104
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 1/25/06
KAY DESELEM
2ND RE-SUBMITTAL
Subject: Cayo Whipporwill Rezone
AR 8039
Dear Kay,
The following is in response to the environmental comments dated 12/30/05.
1. Revise calculations to 2 decimal places.
Calculation revised to 0.18 acres
2. Preserve shown on site plan does not meet GMPILDC requirements to create largest contiguous preserve
that connect with offsite preserves. The Mariposa project to the north has a preserve that is contiguous
with the 411 pine flatwoods in the north of this parcel. This area is high quality and must be preserved to
mee the above requirements. Please designate a minimum of 0.183 acres that is as large as possible
(-100'x80.) in the NE corner of this project.
The eastern half of the pine flatwood area has now been labeled as. preserve.
Please call with any questions.
......."..
RECE\'4EO
jA.N 2. 4 2000
2223 TRADE CENTER WAY NAPLES, FLORIDA 34109
TELEPHONE (239\ 566 . 3636 FAX (239\ 566 - 1327 Ernall PBUTlER202@AOLeOM
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PRE-APPLICATION MEETING NOTES
REZONE - STANDARD ~tvn
Date: 0\ \:30 IDJJ Time: :;L; 15' Firm: KC~ -t+ ~VV\i~ S
. P7+ \
Project Name: KcA..\.t\ \-toVV\f:'.<.< <KE/:z.DN ~
'""
Applicant Name: ~ K.r;-z Phone: ..3 CY-I- .630.<..(
Owner Name:p~ V lEi;..) 1--L
Owner Address::;J> 0 'BtllC )-.c:, 0 13 Phone:
Meeting Attendees: Planner:~ btrl ME..~ f5It..
((\,,11(\:\ <;dl'C\~ z:.- U/JDtSanaybV
LE.I ~t.8-- NicJli. CI1 S4-W&JIPA
. ,
Agenda Item No. 80
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t '.~ ;..~ I"\~ .,~.. I I ~r ,~, ), 'l t.L 'VV'~""".J
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Submittal Requirements (refer to application for additional requirements)
20 Copies ofthe following:
(0 1 additional set if located in the Baysbore!Gateway Triangle Redevelopment Area)
gJ Completed Application
~ Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8 Y2 X 11" copy
PUD document and Master Plan
2 Copies of the following:
~ DeedslLegals
~ List identifying Owner & all parties of corporation
IZJ Owner! Agent Affidavit signed & notarized
~ Completed Addressing Checklist
4 Copies of the following:
.:& Enviromnental Impact Statement (EIS) or waiver
lZl Historical Surveyor waiver request
o Utility Provisions Statement w/sketches
o Architectural rendering of proposed structures
o Architectural Review required
o Survey, signed & sealed
~
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Seven (7) Traffic Impact Statement (TIS) or waiver f/lttf b t.~
Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400'
One (1) Electronic copy of all documents and plans (CDRom or Diskette)
One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe
at (239) 435-2122
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
"
Agenda Item No. 80
December 12, 2006
Page 58 of 86
Fees:
<;)_". . ~ (' oot) l. J-6 A~
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Application Fee: D $10,000 + $25 per acre (plus Property Owner Notification fees)
D $8,000 amendment + $25 per acre
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$150.00 Fire Code Review
$2,250.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (to be credited toward application fee if submitted within 9 months of pre-application
meeting.
$681.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
$205.00 Legal Advertising Fee for BCC meeting
$1600.00 Environmental Impact Statement review fee
* Property Owner Notifications $1. 00 Non-certified; $3.00 Certified return receipt mail
( to be paid after receipt of invoice from Dept. of Zoning & Development Review
Fee Total $
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Agenda Item No. 80
December 12, 2006
Page 60 of 86
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 11/2/05
TIME: 5:30 P.M.
LOCATION: Hawthorne Suites of Naples, Cypress Room,
3557 Pine Ridge Rd. Naples, FL
SUBJECT: "CayoWhippoo~ Rezone-2005-AR-8039"
*IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBLIC
NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE
YOr.; INFORMED OF TODAY'S MEETING?
1. Mailing
2. Newspaper ad
3. Other
Address
PUBLIC NOTICE
PUBLIC NOTICE
Agen~~~l'KlgBfJVC'. :~""':'" .
. December 12, 2006
NEIGHEs'ORHOOD INFORMATllIN MEE1"fNG
The public is invited to attend a neighborhoo'd meeting held by Gary Butler, of'';'> ,
Butler Engineering, Inc., .representing SJC WhippoorWi1l~ L.L.C. on:
. Wednesday, November 2,2005 at 5:30.P~M. at
Hawthorne Suites of Naples, 355'1' Pine Ridge Road, Napies'
Subject Property: Ten acres at: 1450 Whippoornrill Lane, located % of a mile
South of intersection with Pine Ridge Road.
SUM~ERW\ND
PINE AIR
LAKES
,
12
7
UNIT 35
V1N EY ARD
8
AsmON
PLAZA
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17
UNIT 33
4
13
KENSINGTON
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HAWr<'S RiDGE
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PROJEC
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The property owner is petitioning Collier County to rezone the property front
"A", Agricultural to "RMF-6", Residential Multi-Family.
WE VALUE YOUR INPUT
Business and property owners, residents and visitors are welcome to ~ttend
the presentation and discuss the project with the owner/developer and Collier
County staff.
If you are unable to attend this meeting, but have questions or comments, they"
can be directed by mail,phone, fax or e-mail by December 2, 2005 to:
Linda Bedtelyc~, Community Planning Coordinator ':
Community Development & Environmental Services Administration
2800 North Horseshoe Drive, Naples, FL 34104
(239) 213-2948 Fax: (239) 403-2395 lindabedtelyon@colliergov.rret
October 25 20(
:'
Agenda Item No. 80
December 12, 2006
Page 62 of 86
AFFIDA VIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 03-55. of the Collier County Land
Developmcnt Coue, I did give noticc by mail to thc following property owncrs and or
condominium and civic associations whose members may be impacted by the proposed land use
changes at their current address as shown by the records of the Collier County Property Appraiser
of an application request for a rezoning, PUD amendment, or conditional use, at least tcn days
prior to the scheduled Neighborhood Inform:ltion Meeting. The said notice cont~lined the
laymen's description of the site propcrty of proposed change and the date, time an~ place of a
Neighborhood Information Meeting.
this
Per ilttu.ched letters and or property owner's list, \vhich are hereby made a part of
Affidavit of Compliance
PROPE.RTY iD
USE CODe NArliEi
99 WH!PPOORVv'!LL P!NES ASSOC l TO
99 DJMC HOMES LLC
99 DJMC HOMES LLC
99 DjMC HOMES lLC
99 DJMC HOMES LLC
o WHiPPOORWiLL PiNES f\SSOC L TO
99 WHiPPOORWILL PiNES ASSOC l TO
99 \;VHiPPOORWiLL PINES ASSOC L TD
99 SJC WHiPPOORWILL LLC
94 THTFiST OF FL
7 DREiSCH TR, G NORMAN
4 PJi.J,fJi,SKE.WICH,WILUAM V
4 SWANSTROM, RICHARD G
00286120005
002e-6760009
00286800008
00286840000
00286960003
00287120004
00287800007
00287960002
00288040002
00288080004
00288160005
29271000182
29271000205
29271000221
29271000247
29271000263
29271000289
29271000302
29271000328
4 KEr~T. (:;LI~.RK
4 YOST, MiCHAEL G=& MARIA L
4 KENNEDY, SHARON
4 COUTURE, JOHANNE
4 DONOVi\N. DONNA
4 KOERNER, RONALD E
29271000344
29271000360
4 8!JRB:~~CK, LA,\,'VREt.JCE
4 FORI ESTER, CLAYTON M=& BETTY J
29271000386
4 CC)F~REt~TE. R!CH,ll~RD G
29271000409
29271000425
29271000441
4 LOMBARDI. CHARLES F=& JANET A
4 KOZiOl~ t~AR"{P.~L\CE
4 CHANDRASEKARAN, SA TiSH
29271000467
4 ZA~8t~LP\, J~A.trv1E=& StJSflJ~,A,
4 MARTIN, BRYAN
29271000483
29271000506
29271000522
28271000548
292710001564
29271000580
2~1271000603
4 GREEt~LEE. GP\R"); V
4 FOR!ESTER-BRO\NN, KIM
4 KOPLOY. i-LA.RRY S
4 GUKEL8ERGER ,JR, THOMAS F
4 C!URZ\'{r~sKt~ t\L.!lJ~ R
4 DOLANCH, ROGER=& PATRICIA A
4 PAR!<ER, jEFFERY R=& MAPlE D
4 STROBEL, .JEAN L
?Q?7,otnnnF~'Jn
.L...'-'......, I.................-'.L...~
29271000e45
29271 OQ06e; 1
4- .Jfl~L8ERT, JOSEPH R
29271000687
4 PARKER JEFFERY R=& MAR!E 0
4 \f,ll.,UGUF:SK;!l,. LENV~-\
4 MADDEN, GEORGE=& JOANN
4 LD.~ c:!-t~J:'ELLE TR. R~OSE
4 VVILL~Afv'SI F~C)E~ERT 8=~" DE8RA'~.i
4. MOC)P.EHEAD, T~t~;OTH'{ E
29271000700.
29271000726
29271000742
292710007(:;8
2927100078..1
2927'1000807
4 BLAZiNA, GABRiELLE A
29271000823
4 rv~OSER.~ ~.ftOIRr~
29271000849
4 E~EC:KER, EUC,Et~E=(~ rJiARtt~.A
4 c,.6..L,!i};,-1ELA ,c,NTHONY M;::& DAN!ELLE
29274000865
292710GOnB1
4 GARRiC:i<.. T~;CJ~~1.AS VV=I3.. [)C}r~r~.A A
4 (:i8LEY. JER()LD 0
4 TARRl STEVEt~
2.9271000904
rtf'll") -; .. f1r.r,r,r1r,
t:...'::JL' I \.J'-'\J~~iJ
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4 8~LLY', RH()r~[tA r..~
.-'fOr},... ,-,r,rvi.r;.."-,
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4 t~Ev\!Sl)r,,1E, BFzACiLEY [1
{
"
Agenda Item No. 80
. December. 12, 2006
Page 63 of 86
... ~
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1Z2
Agenda Item No. 80
December 12, 2006
Page 64 of 86
29271000988
29271001000
75020000028
75020000044
4 \!tJCET(JV~C .jltv1=& t~J!SERA
75020000060
75020000086
4 SAMPSON, TODD
8.1 STR....,TFORD PL MASTER ASSOC iNC
o PiNEHURST l\T STRATFORD PLt.,CE
97 STRATFORD PL i\~ASTER tASSOC ir~;:
75020000"109
75020000141
97 STR.t:.,TFORD PL M.A,STER ASSOC iNC
75020000196
75020000206
97 STR,~ TFORD PL r.1ASTER ,~\SSi)C ir~C;
o PUL TE HOME CORPOR.t.,TiON
85 STR;\ TFORD PL iviASTER ASSOC iNC
95 STRATFORD PL ivt<\STER ..t.,SSOC !NC
95 STRATFORD PL fvjf.,STER ,4SS0C lNC
94 STR.A. TFORD PL MASTER ASSOC !NC
96 STR.-'\TFORD PL iv-lASTER ASSOC iNC
t1/ PINEHURST AT STRATFORD ?Li\CE
o STRATFORD PL ~1it~.STER ASSOC iNC
75020000222
75020000248
75020000254
75020000769
75020000808
75020000824
o PiNEHURST AT STR,A.TFORD ?LA,CE
75020000866
4 ~v1ARCHL~J~DO, RICHp.\RD .J
4 PAPPAS, DEBRA.A
4 DtSEF1';NO, t\-~ARK=& LiNDA
4 POLZIN. CLAUD;A
'4 SEt.JKP-,R;K. R'r/.A\~~
75020000882
75020000905
75020000921
75020000947
75020000963
4 ECCLES, LAUR.A ANNE
4 M,.;DNI. SYED
4 PrBPF'S, :1.Af,,1ES C
4 G..A,O, F'ENG
4 SAVARiNO, CHRISTOPHER J
75020000989
75020001001
75020001027
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4 J;t'.~E~~!=7,DOF~IS
75020001085
4 VANGORDER, TERRILYN
4 BLO()f;~, TERP'Y L
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4 FORT, :,~.L,L~J.J (3
4 GE~~TILE, VJr~CEf~T
4 tVlEUCC:1. G~r.t.1.. RC1SE
4 FREELAi'~D. .ALE.x_At'~DER ALBERT
4 /~\L Vl~~REZ. C:,n.RiDf.\D L
4 .AL\/AREZ, JEf~r.~;FER
4 KOSTi\. Ef\.1~L=& ,~J~tLA\
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4 rviO['~ES, VVILLLt.,f\J~ G
4 ZA\/;.StN TR, F~C}BE.RT
4 DE LE{Jr..( C:ESP-,R
75020001140
75020001166
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4 'rv10[;ESI \l\nLLLArv1 G
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4 WEST. D/.,V;D P
7:3020001425
4 E1RfJC:E. C:t-LARLES C=r~ ALL;SCJr~ tv1
4- SPC}RE~3. GREG "11,
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4 \/VARr-4ER: F~:C;!-LARt) J=r~~ r~AJ~C'''( L
75020001467
4 R.C>C:HE. KEN~~ETH T=& rv1.A~RL~J.J T
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4 F~C}[)l p".L~C:E
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Agenda Item No. 80
December 12, 2006
Page 65 of 86
75020003504
4 8LP,CKMON. t..,1ft,RY,b.,
4 MODES, WILLIAM G
4 BALA, OStvtb.,N=& LUIz...;
4 MERKLEY, MARGARET A
4 BAR80SA. FRp.,NCISCO
4 BUTLER, ROBERT=&: KIM
4 MELEQI. ,t:',LTIN=& PAMELA,
4 TURNBULL, ROGER A=& CHERYL T
4 Cft,RDONl'". LUZ MARINA
4 MODES, WILLIAM G
4 LASKA, WALTER A
4 VINCiGUERRA, USA A
4 DUCK, DONALD 0
4 COTTER. SANDY=& JOHN
4 YACULLO, JACK D=& NANCY
4 GRACZYK, DANA
4 CATALP.NO, CONRAD=& ANNE
4 BANKS!. KRZYSZIOF
4 MATITA. GiOVftJ~NI
4 ZACCHEO, MAmA. A
4 NOLA,SCO, N,A,KlN==& TRICIA
4 KAZOR, JOSEPH=& PATRICIA
4 tvltLL!\R, Sitv~Ot~
4 MOHAMMAD!. DJALAL
4 8LP.IR. D,b..VID=& P.b.,TRICIA
4 RODRiGUEZ, ARGERO R
4 GILL-\NDERS, eU'v/E H=& KERRY A
4 SCHOEPFER, SANDRA A
4 RINDONE-GOICOUR!A, RITA
4 HENDERSHOT, ~qMBERL Y
4 VICTOR, KELLY L
4 EATON, RiCHARD!~=& KATHLEEN M
4 L "'tr..JCH. (:;HRIST~~~E
4 LANGSTON, 8.ARRETT IN
4 FLE~Tt~S, r~(t.~...{Pv.t\
4 ZYV'.,jICA, LAWRENCE J=& MARIA J
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4 .ABBEY, FRANC!S CHR.lS
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Agenda ttem No. 80
December 12, 2006
Page 66 of 86
75020004529
4 L 8 & G )' LLC
4 KOSAVRASTI, REF!K
4 GP,..~ ,', .JOHt~=& ELLEt~
4 KASSAR, JOANN.A K
4 HOfy1ER, D!ON G
4 BRO~VNE, G.AIL G
4 BRIMER, R!CHARD
4 KOSOVRAST!, MUMlN
75020004El45
75020004561
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4 TRUONG, TRJNH T
4 TRUONG. r",1!NH V
4 8LUMEYER, FRANK C
4 RODRIGUEZ, WILLI,l",M
4 FREELAND, DAVID E=& E.ARLENE E
4 FO\lVLKES. LAUREt~
4 FO'vVLKES, LAUREN Y
4 KHORt:.,S/~.NTCHI, r....tt:..LL y A
4 HEMINGWAY, SCOTT
4 BERNHARDT, THOMAS J
4 POCESTA, ISMAILAK1=& FATIME
4 L,!o..NOSZK,li.. GRZYNA
4 PUL TE HOME CORPORATION
4 PUL TE HOrV1E CORPORATiON
4 PUL TE HarviE CORPO?..i\T!Of..J
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4 PLJL TE HOr~E COF~PORl;T'O~J
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4 C.~~PC)r~E, r.J.~TP\L!rJA
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9'130 CORSE.!!" DEL FONTANA WAY
9130 CORSE...... DEL FONTANA WAY
9130 CORSE.!!" DEL FONT,A.NA WAY
9'130 CORSEP-o DEL FONTAN,l>. WAY
3111 N UhUVERSiTf DR STE 610
3111 N UNiVERSiTy' DR STE 610
3111 N UNIVERSITy' DR STE 0'10
6504 RiDGE\:\'OOD DR
% DE? DOUGLP.S SLDG
JO,AJ~ ,L~ DREiSCH TR
13060 ,.t...MBERLEY CT APT 803
3023 8R.,bJ'JCH ST
"1445 TIFFANY UJ APT 203
33 FiELDSTONE DR
1445 T!FFf\NY LN ,A.Pi 205
1445 TiFFANY LN APT 206
8?~RB,~R,l\ S?,NTOLUCiTO
10145 COTTOt\!CREEK DR
K,!!"THY BURB.:\CK
-1435 TiFFANY LN APi 304
CHARLOTTE CORREf-4TE
8 HODC;E RD
1 KH\ti CT
SANGEETHAJAGADHEESAN
1415 T!FFANY LN ,APT 1303
1415.TiFFpJ~Y Li'i p.toPT 1304
4024 S 8URL!f~GTOr.l DR
He 3 BOX 3267
1415 TiFF~AJ~lY Lf'! ,u\PT -1307
GER,A~LDir.JE rv1 GUKELBERGER
'1420 T~FFp-J-JT' Lt...J .!\PT 2501
2.12 K!t\!G RiCHf\RD DR
3050 \/VHiTET PJL CT
1420 T!FF,A.N'y' LN ,t..PT 2604
1420 TiFFft.r~'y~ Lf\l ~~~PT 2605
1420 TiFFl~J'ry' Lf'J p,.PT 2606
Efv1iL r(ER;\T,~\
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ROSE Ll~\C:H,A,PELLE TRUST
4844 E 300 t~
435 C~ClCKSiDE DR I~.PT 904
"1430 TiFFJ~J~-f Lt~ ,A,.PT 2704
'1430 Ti FF,~J.J7' Lt.~
1430 TiFr,~J,r"( Lr..J ,ll,,?T 2706
-1440 TIFF.~~rJ'i' Lr-.J I~.PT 280-1
1440 TiFF,llJ'r~" L~'.! ,8...PT 2802
JERi r:~,.TZ
.1AAi\ "T'i;::::l:J.i,r'v' 1 i...l 1107 /Q;",\"
1-r~V ... . I \... t ....1.. ~ 'U . ....."""......,.
.1440 TiFF.4Jfi" Lf\! p-.PT 2505
J,t....ifv1E DEFvtt...R.CO r"JEV-\!SO:v1E
Agenda Item No. 80
December 12, 2006
Page 67 of 86
NAME3
3900 COMMONWEALTH BL YD
I
DREiSCH REVOCABLE liVING TRUST
.11 COLliNS Ro
1435 TIFFANY LN ,A.PT 303
345VlLU\NOVA AVE
1415 TiFFANY LN ,!I,PT 1302
3503 P\,l~J3EN 'lv,A"Y
-1420 TIFFli.r~'i L,.o.J~JE Ur~~!T 2607
urD 04/06/90
,~ 7 H.._HI;=O;:::njr!;:::~Jt';:: r~p
., I."_~I .....,.._~........_ 1o?-i'\
1440 TIFF,~..t'f{ Lr-J 4~..PT 2806
1440 TiFF,~~rJ"y' LN ,u~PT 2807
COLLEEf':j GREEt~E
CIO iPr;{;
RECRE.A~TiOr"J ,A~SSOCLI1~T!Oh! H\JC
CiO !PM
CIO iP~.~
CiO !Pfvi
9148 80r\!iT,.u~ BE-~CH RD STE '102
CIO iP!\..;
3435 '10TH ST t-.J STE 201
Cia iPM
Cia ipr,,1
CIO iP~.tj
RECREP~TiO!\! 4~SSOCL~~TiC'f~ iNC
Cia lPM
RECRsa,TlON ,A,SSOC!i\TiOr" !NC
P,t..TRiC!A A iviARCHI.~.NDO
1272 OXr=ORD LN
'j 268 OXFORD LN
1264 OXFORD Lt'J
'1260 OXFORD LN
ERiC 8lA.RTOi~ ECCLES
21 05 ,~J'v1,4~R(;O vV.~,Y
1248 OXFORD Lt~
HC~rJG '-( f\r~JG
J4ll.~:~=~E L S411~V?~Rn~O
'j236 OXFORD LN
1232 OXFORD Lf~
21571 Lir~DEN \/V,AY
-1224 OXFORD Lf~
1-10 STONEH,b.\/Er-.J DR
-12'16 ())(F()RD Li\j
"12"12 OXFC)RD LN
-1208 OXFORD LN
5231 TE/~lr( \AJOOD CIR
4225 S.u..!F'iT GE1:JRGE LN
1'196 C!XFC)RD Lr~J
~ ~-""___- -- -
4 L,tJNl.,UKU UK ~
4422 FoRE SCOTT Lr~
r~Lry't~H ET ALl \n~~H
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1-172 OXFORD Lr'-J
130 ?J':H3ROS= /j,,\/E
Vi;:KiE L !:;REEr'.JE
540 E- rVi~AJt,j 5T
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4360 KEf;,JSH~'3TOr~J H~GH ST
Agenda Item No. 80
December 12, 2006
Page 68 of 86
1440 T!FF.~.NY LN APT 280B
3435 " DiH 5T N STE 201
CiO iPM
3435 10TH ST N 5TE 20'1
3435 10TH 5T N 5TE 201
3435 ., OTM 5T N STE 201
3435 'i DTH 5T N STE 201
3435 1 DTH ST N STE 201
3435 10TH ST N STE 201
3435 10TH 5T N SiE 201
c/o !pr\.~
3435 -10TH ST N STE 201
c/o !prvl
1276 OXFORD LN
1256 OXFORD LN
-1244 O>:FORD LN # 9
1240 OXF()RD LN
11840.}(FORD L~~
PO BOX 3543
,\,oj ~'; jiY=I-I~i\ i .~i
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4522 PRESCOTT Lf~
1267 MORNINGS!DE DR
CHRiSTi,A~N P SHEEHA.f'J
;6-.iviiEUA BOB."-'o!LLA POVEDA
1 UNVliOOD LN
3315 BERMUDA ISLE CIR #139
1100 OXFORD LN
-1096 OXFORD LN
4522 PRESCOTT Lt'-J
,A.DRiENNE KRUG-LASKA
1084 H,t..MPTON CIR
-1080 H,u~rJiPTOr~ CIR
14578 rvt~.JESTIC ~l\GLE CT
121 r.r.Er-jDO~J LN
1218 ARBOR DR
-1064 HAMPTON CIR
ZDZ!SLAvV.A. BANSKA.
1056 H,A.MPTON CIR
-1052 HAMPTON CIR
ROBERT R SMiTH III
1040 HAMPTON CIR
17 GREENVvOOD A'/E
5 JUDiTH DR
47 BRi?,RvVOOD f~~\lE
1001 H,ll.J.J1PTOt~. CiR
,'18 CHURCH HILL RD
1009 H,A,JviPT()j'.j CiR
9725 S\t\J 115TH CT
1 017 HAJViPTC'~J CiR
Tv1ARl< ,t.., DURL4.ND
57 COOliDGE AVE
548 CUTTER LN
771 Hi~Jv1PTON ClR
56 ELf Vi 5T
'19-1 TORRE'y' pn~ES PT
1205 RESER\!E \i\:?,Y ?PT -107
- 783 H.AsviPTOr...! CiR
3301 -I ST A \/E r".l\!v
,u..t"'.iET,b.\ T,l)..R~JC)\/viCZ
25 V\!EBSTER RD
803 H.~J\!1PTOr.! CiR #803
16 K?\\lErJ'v'\!OOD DR
113 \l'lfEDGE LOOP
816 H,bs';;1PTOr"J CiR
10-16 COLLIER CENTER \j'J,A~'r'# 103
:--.r-. D.~.V ,Or';'}l::.1
.. '-' WV', "+~~I..i"';v I
2880 SVV 134TH 1~\/E
2120 irvlPERiAL eiR
-16 EROCTOr"\l Lt"l
C;,!l,SE'"{ TREPTOv\J
783 t-ttaSv1PTOt~ eiR
Agenda Item No. 80
December 12, 2006
Page 69 of 86
ELIZABETH A SHEEHAN
'1112 OXFORD LN
2000 ALDRiCH CT
6619 DARBY CT
1044 H,t:..MPTON CiR
759 HA~,,~PTON CIR
795 Hl~JvlPTOt~J CiR
.1357 R.~.C!r.!E .t.J.\VE
448 Si~.1CO DR
2 S,L\Vv8UCK RD
775 Hi1,MPTOf'J C!R
772 H,A,f\,1PTOf'J CiR
768 Hi\MPTOj'J CfR
'li5310TH AVE N
"109 ROLLiN(; Q;\KS DR
H\'~ER DEDJ,ul
555 ~'!10NROE PL
JOSEPH H Ll>..tvl
,U,UTur,,4f'J K TRUOf'J(:;
4144 GOR.DO~J DR
ULA POLORSK!
1229 EGRETS L~JDG ,A.PT 204
2048 Tif\,~BERLir-JE DR
2048 Tfr~~BERL!r-JE \iV,A:.y'
8930 B,~,Y COLOr-IV DR #1503
MiCHAEL J ROSA
80 T!~J:8ER POif'lT DR
873 P,~\RK RD.
GEORGE LPJ'JCOS
9148 30r\jrT,~, BEACH RD STE 102
9-148 80I'J!T,~ 8S.u.CH RD STE -102
9148 BOr.JiT,~ BSl.,CH RD STE 102
9-148 BO~J!T,l1, BEp\CH RD STE -102
9"148 BONiT,A. BEt-\CH RD STE "102
9148 BO~jiTr~ BE.i1.CH RD STE .j 02
9':48 BO~JiT,l~.. 8E..u.CH RD STE "102
9148 BONiTA BSl>.,CH Ro STE 102
72 Ci\RROLL RD
1 043 A~L8,uJ'JY (:T
9148 aOr~tT,t\ BE,~\CH RD STE 102
-105'1 ,b.LB,AJ'-JY CT
100 N :=EDERi\L H\tvA{ ,'\PT '1230
9-148 B!Jr'~HT,~ BEi\CH RD STt: 102
9148 3():~HTi\ BE.ll.~CH RD 5TE 102
-I 067 1~~LB,~f'.J'i CT
4932 GLEr~ EL Yi"-J RD
-1 075 ;\LB,~~r~"f CT
Il:.S~GELl1. R03,d\ Ci\PC~r'JE
-1 083 .~.LB.~J'J'i CT
"1277 OXFC)RD Li~
J()Hri l Dp,f..JiELS
'1285 OXFORD lhJ
'1289 OXFORD LN
78 S.la.ii'lT fv1ELL!Of-.J
Agenda Item No. 80
December 12,2006
Page 70 of 86
14 BURKE DR
"1975 GREEf'JTREE RD
8 C,i\f'JDLESTiCK RD
4617 LO~JG !(EY CT
ROBERT rvtll,CKiSEY
-1343 CHURCHilL C!R #201
'1 079 ,~.L8A\NY CT
128"1 lJ>:FORD Ll'J
OCDlO'
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T,L\D 08/10/98
-1430 TiF:=,b~:\t"{ Lt\.j J\PT 2701
NAMES
8080 SOZMAN NEAVITT RD
CiTY c;::- ZiP PLUS4
...1
COR.l>.L SPRiNGS FL 3'':t('\~~
""""'\oJ""
hol a O' t:::: FL 34109 4395
I"P", L*-,...,
"JP~PLE& FL 34109 4395
,,;bCI ;::c -\ 34 "1 iiQ 4395
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NAPLES FL 34109 4395
COP"tt...L SPRir-JGS -. 33065 5050
r-...
CORALSPR!NGS FL 33065 5050
CORAL SPRiNGS FL 33065 5050
f~p..PLES FL 341 08 8229
TALLAHASSEE FL 32399 6575
S,Adf'-JT r.AiCH~..ELS MD ".1~~~ 2466
_ .-""-
BONiTA SPRINGS FL ~.~-- 140'i
v41~O
DULUTH MN 55812 j-'-
_~4L
NAPLES FL 34105 4534
HOLLA,ND PA 'i8966 2833
NAPLES Fl 34105' 4834
NAPLES FL 34105 4834
VVAKEFiELD MA 'iSBO .2514
HIGHLANDS RP.NCH CO 80130 3848
NAPLES FL 341 05 4881
r-tA..PLES FL 34'i05 4881
VEi'JTUR,'\ CA 93003 2145
,6J~Lir.JGTOr~ ">1It. 2474 1016
I." ..
CEi'-JTEREJ\CH NY i i 720 2357
f'Ji\PLES FL 341 05 .,..,........
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t-.1A-' ;::c:: FL 341 05 4876
,., ..r"L_"",
MUNCiE iN 47302 8300
V\',~"PP,A"PELLO r~10 ~-Q-- 9723
o~_oo
f\iAPLES FL 34105 4876
C,bJvlEROf'-J PARK CA 95682 7656
NAPLES FL 34 -iU5 4877
i\f1CFv1URR,A,Y FA -153-17 2504
Ri(:HFiELD OH 44286 a~--
....LO
f..J,A"PLES FL 341" 05 4877
rLL\PLES FL 34"105 4877
~t~\PLES FL 34105 4877
kiADi -~ FL 34-105 --7-.
....... 40. I
..., "'. L-~V
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FP~j"\f'H(Li f'o-J iN 46-13'i 8735
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N?,r-' ,-t:.~
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f'~.U,,:-'Lt:.~ "n". f......
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r'Lu..PLES FL 34-105 4882
r-J.u"PLES -. 34 -105 4882
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...'"'~
~!,ll"PLES FL 34105 4882
Agenda Item No. 80
December 12, 2006
Page 72 of 86
NAPLES FL . 34105 4882
NAPLES FL 34105 4882
NAPLES FL 34103 3815
343510TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
BONITA SPRINGS FL 34135 4234
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
3435 10TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34103 3815
3435 10TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34119 3369
NAPLES FL 34105 4818
NAPLES FL 341 05 4818
NAPLES FL 341 05 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
ROGERS MN 55374 4502
NAPLES FL 34105 4818
FAYETTEVILLE GA 30215 2967
NAPLES FL 34105 4818
N,u~PLES FL 34-105 4818
f'l.A,PLES FL 341 05 48'18
....-. -- FL 34-1-19 ?;::;nQ
r'JP~~Lt:~ ~v""....
:'J,U,.PLES FL 34119 fOUO
h.; 11 01 :=~ FL 34'105 48"17
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N.".PLES FL 341 '1 9 0---
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"'''-1 -- FL 34-105 AR17
:'"~P\t-' a-t:.~ ..........1'
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.....-. -- FL 34-101 8543
r'-JP..t-"Lc.:>
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r'~,LIo,~L=::'
NAPLES FL 34 '109 ~~l4
f'J,l\PLES 34119 ---.....
:-L ~~tU
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r'-":.l.l"t-"'Lt:.~ ....... .... .
....-. ---- FL 34.1 05 5667
I\.ID~I ~.....
... u ~a..-_
102 N COUNTRY CLUB DR
LlLLlPUT POOLE DOREST
NAPLES FL
NAPLES FL
NAPLES FL
ROCHESTER NY
NAPLES FL
NORTH PORT NY
NAPLES FL
NAPLES FL
NAPLES FL
.NAPLES FL
DOWNERS GROVE IL
NAPLES FL
NAPLES FL
FORT MYERS FL
SCHAUMBURG IL
LEMONT IL
NAPLES FL
. NAPLES FL
NAPLES FL
NAPLES FL
NAPLES FL
NAPLES . FL
ENGLAND
ENGLEWOOD CLIFFS NJ
SPRINGFIELD MA
NAPLES FL
FAIRFIELD CT
NAPLES FL
MIAMI FL
NAPLES FL.
NAPLES FL
HAMPDEN ME
LONGBOAT KEY FL
NAPLES FL
N ARLINGTON NJ
NAPLES FL
NAPLES FL
NAPLES FL
NAPLES FL
NAPLES FL
SCARSDALE NY
NAPLES FL
EGG HBR TWP NJ
FAIRHOPE AL
NAPLES FL
NAPLES FL
CHARLOTTE NC
MIAMI FL
NAPLES FL
KINGS PARK NY
LAKE LAND FL
NAPLES FL
Agenda Item No. 80
December 12, 2006
Page 73 of 86
341 09
34119
341 03
14618
34105
11768
34109
34105
34105
34119
60516
34105
34105
33912
60193
60439
34105
34104
34105 4821
34105 4821
34105 4821
34105 4821
BH14 800
7632 2109
1118 1313
34105 4820
6825 1336
34105 4820
33176 2580
34105 4820
34105 4826
4444 1821
34228 3706
34105 4826
7031 6520
34113 7539
34105 3813
34105 4826
34120 2703
34105 4826
10583 5736
341 05 0
8234 6522
36532 4873
34105 4825
34110 8472
28269 5302
33175 7163
34110 0
11754 4102
55043
34105 4819
2642
9570
3345
o
4817
2430
o
4817
4815
9570
2307
4821
4821
1715
1033
7482
4821
Agenda Item No. 80
December 12, 2006
Page 74 of 86
COLDWATER MI 49036 8597
FREEHOLD NJ 7728 2936
NAPLES FL 341 05 4819
NAPLES FL 341 05 4819
NAPLES FL 341 05 4819
NAPLES FL 34102 5425
COLLlNSVILLE IL 62234 6001
FARMINGoALE NJ 7727 0
RIDGEFIELD NJ 7657 2011
CHERRY HILL NJ 8003 1120
CLEMENTON . NJ 8021 5302
NAPLES FL 341 02 7906
NAPLES FL 34112 5208
NAPLES FL 341 08 5415
NAPLES FL 34109 7124
NAPLES FL 34109 0
NAPLES FL 34108 0
32 MIA CT WARWICK RI 2886 0
NORTHPORT NY 11768 0
WATERTOWN CT 6795 0
NAPLES FL 34116 0
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS . FL 34135 4234
BON IT A SPRINGS FL 34135 4234
BON IT A SPRINGS FL 34135 4234
BON IT A SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS Fl 34135 4234
GRAFTON MA 1536 0
NAPLES FL 34105 0
BONITA SPRINGS FL 34135 4234
NAPLES Fl 34105 0
FORT LAUDERDALE FL 33301 1190
SONfT A SPRINGS FL 34135 4234
SONfT A SPRINGS FL 34135 4234
NAPLES FL 34105 0
MOUND MN 55364 1226
NAPLES FL 34105 0
NAPLES FL 341 05 0
NAPLES FL 34105 4814
NAPLES FL 34105 4816
NAPLES FL 34105 4816
NAPLES FL 341 05 4816
NAPLES FL 341 05 4816
NASHVILLE TN 37215 5830
Agenda Item NBage 1 of 1
December 12, 2006
Page 75 of 86
DeselemKay
(om: DeselemKay
Sent: Thursday, April 20, 2006 4:30 PM
To: 'RCovino@aol.com'
Cc: gary butler; 'BrianMansour@aol.com'; CasalanguidaNick; scott_d
Subject: RE: Whipporwill Lane
I will be out of the office beginning tomorrow, returning on 4/28/06.
Just today, I asked our Transportation Planning Division staff for information about planned roadway improvements in the area,
but I have not gotten a reply yet. I have copied the petitioner and his agent as well Collier County transportation staff in this e-
mail. They may wish to offer you some perspective about the planned improvements. 1 will forward your e-mail message to all
Collier County Planning Commission members as well.
Kay Deselem, AICp, Principal Planner
Dept of Zoning & Land Development Review
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-643-6968
From: RCovino@aol.com [mailto:RCovino@aol.com]
Sent: Thursday, April 20, 20064:15 PM
To: KAY@aol.com; DeselemKay
Subject: Whipporwill Lane
Kay,
As per our conversation on the phone, I am deeply concerned about the traffic problem on Whippoorwill Lane with all the new
construction of at least five different communities that I know of plus the rezoning for the project called Cayo Whippoorill. As you
know there is only one outlet to Pine Ridge Road. Unless we have another access road out to Livingston road or and alternate
route out. we will be stuck in traffic the length of Whippoorwill Lane, just to get to the light at Pine Ridge road.The traffic is very
heavy now and the other commuities are not even built. If there was an emergency or fire, people would be trapped in their
cars, trying to get out. PLEASE give this serious consideration when rezoning this property, we need another access road out of
Whippoorwill Lane.
Thank You,
Roy Covino
1380 Tiffany Lane #2206
Naples FL 34105
4/20/2006
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COWER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 80
December 12, 2006
2800 NORTH HORSESHOE DRWE8 of 86
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
~ CONTINUANCE
o WITHDRAWAL
If a continuance is requested, please indicate 1eR2th of time:
to: \l /1 J za>(p OR 0
Indefinite
From:
o Planning Commission
[2g Board of County Commissioners
I.
2.
3.
4.
5.
Date of Scheduled Hearing: & -- '20 --Zoo (,
Applicant/Project Name: ~(Li. c, ~ ~ --{ c>W\{\ et?Oofi.M;.LU-
;'
Application/Case number: 00 34 Zoo ~ Dbo <:>
Type of Application (examples: Rezoning, Conditional Use or Variance) ~ ~ ~ N C
Reason for Request: --=rl'l-bfftc... 6:l,.J~ S \ '7[0)1 n ~
.f\--r CL PG ~~N{-, fVlL LA.) {-h (J Pb6~lU- (tobp
v.) \~(y\ L--101~bS\b~ r_L))..hj~o~,
nES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525,
T I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED
UE.
RECEIVED
MAY 1 6 2006
SI
TURE OF APPLICANT OR AUTHORIZED AGENT
~ -I);"' 0 b
DATE
-.J G~.~ fu\Vt\\-
PRINTED NAME
'f' b ,)-+ Ie '\ Ze 'L- e a 0 1. co-V\..
e-mail address
Address:
ZZ,?-3 \~~E Ct~\bLwJ.i
2--31 )0(, 'S&?~
Phone number
~ -;;7 ("f?& {52 7
Fax number
http://www.colliergov.netlzoningJfonnsJdocumentslREQUESTFORCONTlNUANCEORWITHDRAWAL_001.doc
tJ ~ LI:5 rt.- ?41 d7
,.
Agenda Item No. 80
December 12, 2006
Page 79 of 86
April 24, 2006
RECEIVED
APR 2 8 2006
Attn: Kay Deselem
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
RE: Petition RZ-2005-AR-8039
Dear Kay Deselem,
My name is Cindy Bombard and I live at 1079 Albany Court in Stratford Place,
directly behind where SJC Whippoorill, LLC is requesting rezoning from Agricultural to
Residential Multi-Family. I am unable to attend the meeting on May 4,2005 because I
will be out of town. I strongly oppose the approval of this request. I am a single, working
Mom and have worked hard to provide a good home for my family. I believed I made the
right decision to upgrade from a condo in Palm River to a brand new townhouse in
Stratford Place, when I purchased my unit in August 2005. I paid top dollar ($359,900)
for a preserve view, on a quite cuI de sac road. Now, when I look down the quite cuI de
sac road that was once surrounded by trees, I see a big ugly yellow building with a teal
colored roof due to another development adjacent to Stratford. That is not what I bought
into.
The fact that real estate in Collier County and surrounding areas have come to a
halt and the properties in this development are selling for $20,000 to $30,000 less than
what I paid, I find myself in a loss situation. I am optimistic that with time, things will
pick back up again. However, the odds keep stacking up against me, with the ugly
building at the end of the cui de sac and another development right behind my home, you
are setting me up to lose even more money. Taking my preserve view away will most
definitely reduce my property value. There is already an affordable housing shortage for
the working class families in this area. By approving the request of SJC Whippoorwill,
LLC, you are forcing people like me and other working class residents of Collier County
to move away or suffer from financial devastation. Our property values will drop
resulting in higher mortgages than our property worth.
The only two occupied developments off Whippoorwill Road have been Stratford
Place and the Reserve. The traffic from those and construction of surrounding
Developments on Whippoorwill Road has made the morning commute to work and
school impossible. Now Mariposa at Whippoorwill has some completed phases and the
other two developments are soon to follow. I strongly suggest you take a look at the
traffic situation in regards to getting off Whippoorwill Road on to Pine Ridge. Another
Agenda Item No. 80
December 12, 2006
Page 80 of 86
development down this road will further decrease values of homes due to traffic
congestions.
There is more than enough, as a matter of fact; there is a surplus of housing right
in this area, on Whippoorwill Road. I strongly recommend that you do NOT approve this
request from SIC Whippoorwill, LLC and consider the homes of current residents of this
area and their financial future. I have also enclosed a couple pictures of what the before
and after view at the end of our cui de sac. Thank you for your time.
Sincerely,
~~
Cindy Bombard
RECEIVED
APR 2 8 2006
Agenda Item No. 80
December 12,2006
Page 81 of 86
RECEIVED
APR 2 8 2006
Agenda Item No. 80
December 12, 2006
Page 82 of 86
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive · Naples, Florida 34104
Apri114,2006
Dear Property Owner:
This is to advise you that you own property located within 500 feet of the following descnbed property and that a
public hearing will be held by the Collier County Planning Commission of Collier County, Florida, at 8:30 A.M.,
Thursday, May 4, 2006, in the Board of County Commissioners Meeting Room., 3rd Floor, Administration Building,
County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider:
Petition: RZ-200S-AR-8039. SJC Whippootwill, LLC, represented by Gary Butler of Butler Engineering, Inc. and
Brian Mansour, requesting a rezone from the Agricultural (A) zoning district to the Residential MuJti-Family-6
(RMF-6) zoning district for a project known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is
loeated at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18, Township
49 South, Range 26 East, Collier County, Florida
You are invited to appear and be heard at the public hearing. You may also submit your comments in writing.
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS
SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE
ALLOTrED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS
WISHING TO HA VB WRfITEN OR GRAPillC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC
HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE cepc SHALL
BE SUBMITIED TO THE COUNTY STAFF MEMBER NOTED BELOW, A MINIMUM OF SEVEN DA YSPRIOR
TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL
BECOME A PERMANENT PART OF TIlE RECORD AND WTI..L BE A V AlLABLE FOR PRESENTA nON TO
THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto,
and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
/
This petition application development plans and/or master plan if applicable, and other pertinent information
related to this petition is kept on file and may be reviewed at the Development Services Center located at the
address listed above. Please contact me at 213-2931 to set up an appointment if you wish to review the file.
Sincerely,
~rvo ~
Kay Deselem, AICP
Principal Planner
KD/splhr
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t;
RECE\VED
/l,f-'k 2 8 2006
Y ZONlNG DEPARTMENT
www.colliergov.net
Phone (239) 403-2400
Fax (239) 643-6968 or (239) 213-2913
Agenda Item No. 80
December 12, 2006
Page 83 of 86
April 20, 2006
Kay Deselem, AICP
Principal Planner
Department of Zoning and Land Development Review
Collier County Government
Re:petition~2005-~-8039
Kay,
My wife and I own property within Stratford Place adjacent to the subject property of this
petition. Our address is 1071 Albany Court.
Rezoning the subject property to Multi-Family-6 from agricultural will have adverse
impacts on our property value and we ask that you not permit this change in zoning or
use.
As a planner for the Collier area, you are already aware of the beauty of the area and the
importance of preserving green space within our communities. Allowing development
without preserving the existing natural areas is a detriment to our future. We risk the
ability to attract both commerce and new people to the area, if we do not preserve the
natural areas.
Please do not permit the rezoning of this subject parcel and preserve this portion of our
natural surroundings for our posterity to enjoy.
Sincerely,
<]3/lJ ft~
~
Brad Etherington
Dina Etherington
, +---
RECEIVED
MAY 1.-5 2006
ZONING DEPARTMENT
@
'XV
Agenda Item No. 80
December 12, 2006
Page 84 of 86
May 17,2006
TO: Collier County PlmU1ing Commission
RE: Petition RZ-2005-AR-8039 (notice copy attached)
We understand that the date of the public hearing, May 41h, has passed, however, we wish
to express our opposition to this petition.
We feel that with the abundance of development in the Whippoorwill area and the
proximity to Strafford Place that any development in said area would be detrimental to
our property located at 763 Hampton Circle (Lot 130).
Richard A. Eaton
Kathleen M. Eaton
D Er"' r-nV-D
11 -vCt t:
MAY 1'1) 2006
ZONING DEPARTMENT
Agenda Item No. 80
December 12, 2006
Page 85 of 86
ORDINANCE NO. 06 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
FLORIDA, AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE WHICH
ESTABLlSHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, TO
AMEND THE APPROPRIA.TE ZONING ATLAS
MAP(S) TO CHANGE THE ZONING
CLASSIFICATION OF THE SUBJECT REAL
PROPERTY LOCATED APPROXIMATELY 3,500
FEET SOUTH OF PINE RIDGE ROAD IN SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, FROM THE
AGRICULTURAL (A) ZONING DISTRICT TO THE
RESIDENTIAL MULTl-FAMILY-6 (RMF-6)
ZONING DISTRICT FOR A PROJEcT KNOWN AS
CA YO WHIPPOORWlLL AND PROVIDE FOR AN
EFFECTIVE DATE.
WHEREAS, GlIry Butler of Butler Engineering, Inc. and Brilln Mansour,
representing SJC Whippnorwill, LLC, petitioned the Bonrd of County C01mnissionern to
change the zoning classification of the subject real property as parI of Petition Number
RZ-2005-AR-8039,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property described as:
The South Vz of the South 1/2 of the Northwest 14 of the Sorltheast 11i, Sectioll
18, Township 49 South, Range 26 East, Collic/" COl/llly, Florida
is dUlllged from the Agricultun\1 (A) zoning district to the Residential Multi-Family-6
(RMF-6) zoning district for a project known as Cnyo Whippoorwill. The appropriate
zoning atlas mllp(s), as described in Ordinance 2004-41 as amended, the Collier County
Land Development Code is bereby amended accordingly. The herein described real
property is the same for which the r07.011e is hereby approved suhject to the following
condition:
Prior to allowing clearing in pi/Ie flatwoods (411), the developer IIlllst provide a
Slll'l'ey performed by a qual/fleil biologist to Ellviroll1llental Se1'l'lees staff
identifying allY listed air plants. Any air plants so identified must be relocated to
the preserve area prior to (he p/'e-e(J/l.~truction meeting. Th e slll'l'ey and
subsequent relocatioll shall be subject to review ami approval by Collier COllllty
ETlvirollmental Service,~ staff. Proof of completed relocation shall be prol'i(ied to
Environmental Serl'lc:es staff at the pre-colls/mction meetillg.
Page I of2
Agenda Item No. 80
December 12, 2006
Page 86 of 86
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commis.~ioners of Collier County, Florida, this
day of
,2006.
ATTEST:
DWlGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA
BY:
BY:
FRANK HALAS, CHAIRMAN
, Deputy Clerk
Approved as to form
and I gal sufficiency:
Page 2 of 2
Agenda Item No. 8E
December 12, 2006
Page 1 of 205
EXECUTIVE SUMMARY
PUDZ-2003-AR-4988: Waterways Joint Venture V, represented by Dwight H. Nadeau, of
RW A, Inc., and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A.,
requesting a rezone from Planned Unit Development (PUD) and Rural Agricultural (A), to
Residential Planned Unit Development (RPUD) for a project to be known as Summit Lakes
RPUD, to allow development of a maximum of 968 single-family attached or detached
dwelling units, multi-family dwelling units and or Group Care Facilities, and associated
accessory uses and consideration and approval of an Affordable Housing Density Bonus
Agreement authorizing the developer to utilize affordable housing bonus density units (in
the amount of 414 units at 3.0 bonus density units per acre) in the development of this
project for low-income residents that will include a maximum of 10 percent of the total
number of residential units for Workforce Housing and 10 percent for Gap Housing units.
The property is located approximately Yz mile east of the intersection of Collier Boulevard
(C.R. 951) and Immokalee Road (C.R. 846). The property is in Section 26, Township 48
. South, Range 26 East, Collier County, Florida, and consists of 138.3:l: acres.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
-- (CCPC) regarding the above referenced rezone petition and render a decision regarding the
petition.
CONSIDERA TIONS:
The petitioner seeks a rezone for 138.3:1: acres from Planned Unit Development (PUD) [which
was originally approved as the Outdoor Resorts PUD] and Rural Agricultural (A), to Residential
Planned Unit Development (RPUD) for a project to be known as Summit Lakes RPUD. The
proposed PUD, if approved, will allow for a maximum of 968 dwelling units for a gross density
of seven units per acre. The PUD originally was proposed to allow for a mix of dwelling types
and includes: single-, two- or multi-family residential units and/or Group Care Facilities, and
associated accessory uses and consideration and approval of an Affordable Housing Density
Bonus Agreement (AHDBA). However, the petitioner agreed to remove the Group Care
Facilities use at the Planning Commission (see the Collier County Planning Commission
recommendation section of this summary for additional details). The AHDBA will authorize the
Developer to utilize affordable housing bonus density units (in the amount of 415 units at 3.0
bonus density units per acre) in the development of this project for low-income residents that
will include a maximum of 10 percent of the total number of rcsidential units approved in zoning
for Workforce Housing and 10 percent for Gap Housing units. Access to the property shall be
from two points on Immokalee Road (C.R. 846) and one location on Wood crest Drive located on
the east property line of the project. The exact alignment of the access points and building
placement will be dctem1ined at the Site Development Plan (SDP) approval stage.
-.
Cun"ently there is one single-family residence and accessory structures located on a small portion
of the property in the southeast corncr. A fon11cr driving range exists on the northwest comer of
the project. Historically, timbering and cattle grazing have OCCUlTed on the property.
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 BCC
Page 1 of 9
Agenda Item No. 8E
December 12, 2006
Page 2 of 205
FISCAL IMPACT:
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the POD rezone is approved, a portion of the existing land will be developed and the
new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element (FLUE): The subject propeliy is currently located within the Urban
Mixed Use District - Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). This Subdistrict allows residential uses, including single
family; institutional uses (e.g., church, day care); essential services; and recreation and open
space uses. The FLUE Residential Density Rating System indicates the site is eligible for a three
(3) dwelling units per acre (DU/A) bonus density because the project is located within one mile
of an Activity Center (Activity Center 3). When the Activity Center proximity bonus is added to
the base density of four (4) DU/A, the project is eligible for a density of seven (7) DU/A.
Additionally, the petitioner can opt to provide Affordable Housing Units in conjunction with an
AHDBA to be eligible for up to 8 bonus units per gross acre. Adding the maximum AHDBA
density, the project is eligible for a maximum gross density often (I 0) DU/A as shown below:
MAXIMUM ELIGIBLE DENSITY
Base Density 4 DU/A
Activity Center proximity bonus 3 DU/A
A iloIQ.allLt:UQtl~ng Den :;jl.)'-fim1llL______2=_____ 3 QJ].l,::\
Eligible Density 10 DU/ A
Based on the site's acreage and the permissible density often (10) DU/A, this rezone could allow
a maximum of 1,383 dw-eIling units (138.3 acres x lO DU/A = l,383 dwelling units). The
petitioner has opted not to utilize the Activity Center proximity bonus although he would be
eligible to do so at this time. It should also be noted that the Evaluation and Appraisal Repoti
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 BCC
Page 2 of 9
Agenda Item No. BE
December 12, 2006
Page 3 of 205
(EAR) recommends eliminating the Activity Center bonus density allowance. The EAR-based
amendments to the Comprehensive Plan have been transmitted to the State, however they have
not been adopted by Collier County at this time; BCC adoption is expected to occur in April,
2007. The petitioner has submitted a companion AHDBA, demonstrating the project achieves a
3 DU/A density bonus by providing affordable housing units not using the proximity to the
Activity Center. The petitioner is seeking 7 units per acre, based upon a base density of 4 units
per acre and the AHDBA that provides for 3 additional dwelling units. The total number of a
dwelling units being sought by the petitioner are reflected below:
PROPOSED DENSITY
Base Density
Affordable Housing Densitv Bonus Agreement
Density being requested
4 DUI A
+3 DU/A
7 DUI A
The petitioner is proposing a maximum of 968 dwelling units (138.3 acres x 7 DU/A = 968
dwelling units). The petition is proposing to provide approximately 10 percent of the 968 total
dwelling units for housing that is affordable to those in the "work force" range (those earning 61-
80 percent of area median income) and 10 percent of the 968 total dwelling units for housing that
is affordable to those in the "gap housing" range (those earning 81-150 percent of area median
income).
Approval of the PUD rezone to provide affordable housing units would be consistent with the
intent ofGMP Housing Element Objective 1, which states:
The number of new affordable housing units shall increase by 500 units each year in an effort to
continue to meet the housing needs of all current and future vely-Iow. lOll' and moderate income
residents of the County, . . . .
And Housing Element County Policy 2.10, which states:
flu'ough the adoption of local incentives, . . . public and private sponsors vdl be encouraged to
provide adequate housingfiJr rural residents andfarmworkerfamilies.
The incentive the applicant is using, the Affordable Housing Density Bonus provision, is
consistent with the Housing Element of the GMP. Based upon the aforementioned analysis, staff
believes the proposed uses and density may be deemed consistent with the FLUE.
Transpo..tation Element: Transportation Planning staff has reviewed this petition's Traffic
Impact Statement (TrS) and the PUD document to ensure the PUD document contains the
appropriate language to address this Project's potential traffic impacts, and to offer a
recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies
require the review of all rezone requests with consideration of its impact on the overall
transportation system, and specifically notes that the County should not approve any request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating stipulations are approved. It has been determined that specific mitigation is required.
..- Therefore, Transportation Planning staff is involved in on-going negotiations with the property
owners to resolve transpOliation concems. At this point, the items under discussion include the
following:
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 BCC
Page 3 of 9
Agenda Item No. 8E
December 12, 2006
Page 4 of 205
1. Developer will dedicate to the County (at no cost to the County) approximately 1.51 acres for
Woodcrest Drive right-of-way. The right-oi-way is valued at $325,000 per acre. This
commitment shall not be eligible for impact fee credits.
2. Collier County is obligated to obtain all right-oi-way necessary for the improvement of
Woodcrest Drive and Tree Farm Road by Janum}' 1, 2008. Not withstanding the phasing
schedule in paragraph 11, in the event the County is delayed in obtaining the necessm}' right-of-
way, the Developer shall be entitled to thirty (30) additional Certificates of Occupancy per
month added to the units authorized on the first phase, until such time the County obtains the
necessm}' ROW.
3. Waterways Joint Venture V ""ill design and permit the Woodcrest Drive improvements
(including any mitigation, but excluding utilizv design) fi'om lmmokalee Road to the southern
boundm}' of Habitat for Humanity's proposed Woodcrest RPUD. Waterways Joint Venture V
shall be entitled to road impact fee credits for all expenses incurred for the design, permitting
and mitigation resultant fi'om this commitment above what would otherwise be required for a
local road cross section.
4. Watenvays Joint Venture V will design and permit the Woodcrest Drive improvements
(including any mitigation, but excluding utility design) fi'om the southern boundm)' of Habitat
for Humanity's proposed Woodcrest RPUD to the Tree Farm Road intersection, and west to link
with the terminus of Tree Farm Road as permitted through the current county project.
Watervvays Joint Venture V shall be entitled to road impact fee credits for all expenses incurred
for the design, permitting and mitigation resultant ji-cJl11 this commitment.
5. The Developer lel.ill construct an upgrade fi'om a typical two lane local roadway to a minor
collector urban roadway fi'om the intersection of lmmokalee Road south to the entrance of
Habitat for Humanity's proposed Woodcrest RPUD (here-fbrward to be knOlvn as the Phase
One Roadway Improvements). Tt'aterwa:vs Joint Venture V shall be entitled to road impact fee
credits jhr all expenses incurred resultantfi'om this commitment jbr the theoretical upgradefi'om
the local roadway.
6. The Developer Hill construct a minor collector roadlvay fi'om the entrance of Habitat for
Humanity '51 proposed Woodcrest RPUD, to the intersection lvith Tree Farm Road, and west to
link Hith the terminus of Tree Farm Road (here-forvvard to be knm,vn as the Phase Two Roadway
Improvement~). Waterways Joint Venture V shall be entitled to road impact fee credits fhr all
expenses incurred in the construction costs resultant from this commitment j(;r the theoretical
upgrade fi'om the local roadway to the minor collector roachvay. The Developer through prior
agreements has agreed to providefil11ds to design and permit this section.
7. The Developer Hill accept 5.9 acres ofstrmn water run-offfi'om the fleW rVoodcrest Drive
fi'om lmmokalee Road to the southern bOllndm}' (~f Habitat for Humanity's Woodcrest RPUD.
This will require the Developer 10 construct an additional 0.81'\5 acres of lake at a value of
$354,000.00 (based upon $325,O()().O() per acre f(Jr the land and $75,000 per acre feJr
excavation). 77wse commitments shall not be eligible for impact fee credil.'-.
Summit Place, PUDZ-2003-AR-4988
Executive Summary for December 12, 2006 BCC
Page 4 of 9
Agenda Item No. BE
December 12, 2006
Page 5 of 205
8. The County will issue a COA for the 968 units within 30 days of the BCC approval of this
Agreement.
9. Section 1O.02.07C.1.e of the LDC requires the Developer to pay 50 percent of the road
impact fees within 90 days of SDP or Final Plat approval. The estimated road impact fees for
the market rate and gap units within the project totals $5,277,389 If the financial obligations of
the Developer pursuant to paragraph 3, 4, and 5 above exceeds the 50 percent requirement, the
Developer will not be obligated to prepay road impact fees at the time of SDP or Final Plat
approval. The Developer is required to pay the remainder of the road impact fees (the Total
amount due less the road impact fee credits received in Paragraph 3, 4, 5, and 6) at the time a
building permit is pulled or within three years of the date the Board approves this Agreement,
whichever occurs first.
10. The County will facilitate the Developer's SFWMD Letter Modification to excavate
lmmokalee Road Pond #2 for material for the project wherein l!J of the generated fill material
will be utilized for the Woodcrest Road project and the remaining l!J may be utilized by the
Developer.
11. T71e development of the Summit Lakes RPUD shall be phased, such that not more than 30
Certificates of Occupancy per month may be issued until January 1. 2009, or the "First Phase"
of Woodcrest Drive improvements are substantialzy complete. Thirty (30) Certificates of
Occupancy per month may be issued thereafter until commencement of construction of the
"Second Phase" of rVoodcrest Drive/Tree Farm Road. T71e remaining Certificates of Occupancy
shall be issued upon the commencement of construction of the Phase Two Roadway
imp.rovements.
The negotiations are on-going and it is anticipated that a Developer's Contribution Agreement
(DCA) will be provided to the Board as a separate item after the zoning is approved, should it be
approved.
Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies
2.4.1 & 6.5.1, an Environmental Impact Statement was provided to staff for review. In
accordance with Policy 6. 1.1, 25 percent of the existing native vegetation shall be retained on-
site and it has been set aside as preserve areas. The requirement for an Environmental Impact
Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been
identified as required in Policies 6.2. I and 6.2.2. In accordance with Policy 6.2.6, required
preservation areas are identified on the PUD Master Plan.
Housing Element: Operation Supp0l1 and Housing Department statT has reviewed the PUD
document to ensure the document contains the appropriate language to address this project's
proposal to provide affordable housing, and finds the proposed development to be consistent
with Section 2.06.00 of the Land Development Code (LDC) and the Housing Element of the
GMP.
GMP Conclusion: The GrO\vth Management Plan is the prevailing document to support land
use decisions sueh as this proposed rezoning to PUD. StafT is required to make a
recommendation regarding a finding of consistency or inconsistency with the overall GMP as
part of the recommendation for approval, approval with conditions, or denial of any rezoning
Summit Place, PUDZ-2003-AR-4988
Executive Summary for Decem ber 12, 2006 Bee
Page 5 of 9
Agenda Item No. 8E
December 12, 2006
Page 6 of 205
petltIon. A finding of consistency with the FLUE and FLUM designations is a portion of the
overall finding that is required, and staff believes the petition is consistent with the FLUM and
the FLUE as indicated previously in the GMP discussion. The proposed will be consistent with
GMP Transportation Element Policy 5.1, the Conservation and Coastal Management Element
and the Housing Element as previously discussed. Based upon the above analysis, staff
concludes the proposed uses and density may be deemed consistent with the goals, objectives
and policies of the overall GMP.
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns.
Transportation Review: Transportation Planning staff has reviewed the petition and the PUD
document that accompanies the request. The applicant has incorporated Transportation staffs
revisions within the PUD document, and Transportation Planning staff will recommend approval
subject to the Transportation provision to be resolved in the PUD document and/or a DCA.
PLANNING COMMISSION RECOMMENDATION:
This petition was heard by the Collier County Planning Commission (CCPe) on October 19,
2006. The motion to approve with staffs conditions and CCPC stipulations was made by
Commissioner Vigliotti and seconded by Commissioner Adelstein. The motion passed 6 to 3
with Commissioners Kolflat, Strain and Caron voting in the minority. Commissioner Strain
voiced concerns about perceived roadway failures and the petitioner's lack of any confirmation
on the provision of water and sewer service for this project. Commissioner Kolflat also voiced
concerns about traffic problems in this area, and Commissioner Caron expressed concerns about
traffic and the lack of phasing for this project.
The stipulations incorporated into the CCPC approval are listed below along with staffs input
regarding the status of each within the PUD document shown in parenthetical italicized text.
1. The PUD document Development Standards shall be revised to show 20 feet or
greater building separation for principal structures. (T7zis change has been made to
Table II in PUD Section 3.4.); and
2. The PUD document shall be revised to remove all references to Assisted Living
Facilities, Group Care Facilities, Care Units, and Nursing Homes in Section 3.2,
3.3.Ao4 and 3.4 Table 2. (171C revisions have been made in PUD document to the
Sections referenced above.); and
3. The following sections of the PUD document shall be removed: The footnote on
page ii; the entire second paragraph in Section 1.6; the second paragraph in Section
204; the words "cul-de-sac" in Section 2.5 A; and Section 6.3.C. (171ese revisions
have been made.); and
4. The PUD document Section 2.7.E shall be revised to add the 2,500 square foot
limitation for the sales facility within the clubhouse. (This revision had been made in
Section 2.7. E.); and
5. The PUD document Section 3.4. Table II, Note 2 shall be revised to remove "located
in the street rights-of way closest to the garage." (This revision has been made.); and
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 Bee
Page 6 of 9
Agenda Item No. 8E
December 12, 2006
Page 7 of 205
6. The PUD document Section 6.5.C. shall be revised to change "prior to the issuance
of the fIrst CO," to instead read "prior to the commencement of construction." (This
revision has been made.),. and
7. The Master Plan shall be revised to show a minimum of 60 percent open space.
(This revision has been made to the Master Plan.); and
8. At the request of Commissioner Strain, the County Attorney agreed to review
Section 6.6.C, to determine the legality of issuing credits for the developer's
$365,000.00 utility facility contribution to be made to Habitat for Humanity of
Collier County, Inc. against any proposed or adopted fee. The County Attorney's
office has informed Zoning staff that what was proposed in the PUD document is not
acceptable. Staff has revised the PUD document to remove the offending language
as sho')1,'l1 in the struck thru version below:
The developer shall contribute $1,000.00 for each market rate
unit platted, Ie:;:; the $365,000.00 of the W:lter :lnd sewer
f:lcilitie:; v~lue committed to H:lbit:lt for Hum:lnity of Collier
County, Inc. The $1,000.00 contribution for each market rate
unit platted, ~nd the $365,000.00 utilit'l f:lcility contribution to
H:lbit~t for Hum:lnity shall be a credit against any affordable
housing fee adopted by the County which may be applicable to
this project.
The petitioner's agent has not(fied staff that the petitioner does not agree with this
position, thus this issue may be su~iect tofitrther discussion at the Board hearing.)
In addition, the petitioner agreed to provide a total of 200 affordable housing units rather than the
proposed 194 dwelling units, thus providing 100 "gap" housing units and 100 "workforce" housing
units all of which will be subject to the accompanying AHDBA. The AHDBA has been revised to
reflect this change.
The petitioner also agreed to provide 100 additional "gap" housing units that will not be governed
by the AHDBA. Thus of the total 968 units being requested for this project, the developer has
committed to providing 100 workforce housing units and 200 gap housing units.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detern1ination by the Board of County Conunissioners (BCe) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and fIndings recommended by staff is noted
below:
.'-
Whether the proposed change will be consistent with the goals, objectives, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP).
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 Bee
Page 7 of 9
Agenda Item No. BE
December 12, 2006
Page 8 of 205
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see
staff report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Housing 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: Consistency with the Density Rating System is contingent upon the approval of the
Affordable Housing Density Bonus Agreement.
Findings: Based upon staffs review, the proposed development is in compliance with
the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for
Collier County and all other relevant goals, objectives and policies of the GMP.
The existing land use pattern.
Pro: The location and zoning map that is attached to the staff report show the Summit
Lakes site is a logical use in this area given the neighboring golf course communities of
The Quarry (part of Heritage Bay DRI/PUD) and Calusa Pines Country Club, the multi-
family uses within Tuscany Cove and the proposed single-family attached and detached
units proposed within Woodcrest RPUD. The applicant has agreed to investigate
possible interconnections to neighboring projects, consistent with GMP Transportation
Element Policy 9.3 that encourages interconnection of neighborhoods.
Con: The existing and proposed residential uses along the Immokalee Road (CR 846)
and the Collier Boulevard (CR 951) corridor are taxing the County's ability to complete
roadway improvements to complement the development activity.
Findings: Staff believes this project will be compatible with the eXlstmg land use
patterns as explained in the staff repOli if the conditions recommended by Wastewater
Facility staff are included.
Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is not necessary, per se; it is being requested in compliance
with the LDC provisions to seek such changes. A pOliion of the site is cUlTently used for
a single-family home site. A former driving range exists on the northwest corner of the
project. Historically, timbering and cattle grazing have occurred on the property. Those
uses could be re-established with the CUlTent zoning if so desired.
Con: Evaluation not applicable.
Findings: The proposed zoning change is appropriate based on the existing conditions of
the property and because its relationship to the FLUE (Future Land Use Element of the
GMP) is positive.
.-
\Vhether the proposed change will adversely influence living conditions in the
neighborhood.
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12, 2006 BCC
Page 8 of 9
Agenda Item No. 8E
December 12, 2006
Page 9 of 205
Pro: The proposed change will not adversely influence living conditions in the
neighborhood because the recommended development standards and other conditions for
approval should ensure the least amount of adverse impact on adjacent and nearby
developments
Con: The adjacent and surrounding property owners may perceive that the addition of
968 dwelling units could adversely impact traffic flow on the local streets.
Findings: The proposed Summit RPUD is compatible with adjacent land uses due to the
similarities that should be realized between the surrounding residential uses and the
proposed residential uses. The density proposed is somewhat higher than what is
approved for the area; however the offsetting benefit to the County is the affordable
housing units that will be provided. The amount and types of noise and odors, and
building massing related to the proposed uses should not be offensive.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-2003-AR-
4988 with the stipulations agreed upon at the Collier County Planning Commission hearing.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
.-
Summit Place, PUDZ-2003-AR-4988 Executive Summary for December 12. 2006 BCC
Page 9 of 9
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. BE
December 12. 2006
Page 10 of 205
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BE
nlis item requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. Petition PUDZ-2003-AR-4988: Waterways JOint Venture V,
represented by DWight H. ~~adeau, of RWA, Inc, and Richard D. Yovanovlch. of Goodlette,
Coleman & Johnson, P,A., requesting a rezone from Planned Unit Development (PUD) and
Rural Agricultural (A). 10 Residential Planned Unil Development {RPUDj for a project to be
known as Summit Lakes RPUO, to allow development of a maXlmtlm of 968 single-family
attached or detached dwelling units, m1..1Iti-family dwelling units, and associated accessory
lIses and consideration and approval of an Affordable HOL/slng Density Bonus Agreement
authorizing the developer to utilize affordable hOUSIng bonus aensity units (in trle amount of
415 units at 3 0 bonus density units per acre) In the development of thiS project for low.
Income reSidents that willlrlclude a maximum of 10 percent of the tolal number of residential
units for Workforce Housing and 10 percent for Gap Housing units. Access to the properly
will be from Immokalee Road (County Road 846) The property is located approximately mile
east of the Intersection of Collier Boulevard (C.R 951) and Immokalee Road (CR 846). TIle
property IS in Section 26, Township 48 South. Range 26 East, Collier County, Flonda. and
consists of 1383 acres (Companion to Item 10E Summit Lakes RPUD)
12112/2006900:00 AM
Date
Prep. red By
Kay Desclem, AICP
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
111271200610:25:00 AM
Date
Approved By
Constance A. Johnson
Comm unity Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/29120063:38 PM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Comrrrlmity Development &
Environmental Services Admin.
11/29/20064:41 PM
D.lte
Approved By
Norm E. Feder. AICP
Transportation ServIces
T,-ansport.1t1on Division Administrator
TrilnsportaUon Service~ Aarmn
11/30/2006 9:29 AM
Date
Approved Bl'
Ray Bellows
Community Development &
Environmental Servic.es
Chief Planner
Zoning & Land Development Review
11/3012006 9:37 AM
Approved B)'
Date
OonJ!d L. Scott
Tram;ponation Services
Transportation Planning Director
Transpcv'tZlfion Planning
11/30/20062:35 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental SerJices
Community Development &
Environmental Se,-vices Adminstrator
Date:
CommunIty Development &
Envrronnnmt<ll Services Admin.
11/30120067:57 PM
Date
Approved By
orv1B Coordinator
County Manager's Office
t-..dministrative Assist.:mt
Office of ~t;anJgE'ment & Budget
12/1/200612:46 PM
Date
Approved Ill'
Mark Isackson
CDunty M<ma~1(;~r's Offlce
Budget r\nal}"::.t
Office of f\r8!lagcment 5. Bud';l'::t
12/1i2C06 3:38 PM
Date
Approved B)'
Susan Murray, AICP
Communrty Developnwnt f~
Envlronmenta: Servic(~s
Zoning & l.<wd Development Director
Zoning [" Land Oevr~'lopmen't ReView
-:2:5/20069:14,u,M
[late
Approved By
James V_ Mudd
Board of County
County Man':~ge(
County tI.'ianager's Offlce
12!5:2006 7:39 PM
Aoenda lIem No. 8E
December 12, 2006
Page 11 at 205
Commissioners
Agenda Item No. 8E
December 12,2006
Page 12 of 205
Co~r Cou.nty
- '-~ -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: OCTOBER 5, 2006
SUBJECT:
PUDZ-2003-AR-4988; SUMMIT LAKES PUD
PROPERTY OWNER/AGENT:
APPLICANT: Mr. Richard Davenport
Waterways Joint Venture V
14627 Collier Boulevard
Naples, FL 34120-4430
AGENT: Dwight Nadeau
R.W.A., Inc.
6610 Willow Park Drive # 200
Naples, F134109
REQUESTED ACTION:
The petitioner seeks a rezone for 138.3:1: acres from Planned Unit Development (PUD) [which
was originally approved as the Outdoor ResOlis PUD] and Rural Agricultural (A), to Residential
Planned Unit Development (RPUD) for a project to be known as Summit Lakes RPUD.
GEOGRAPHIC LOCATION:
The subject property is located approximately Y2 mile east of the intersection of Collier
Boulevard (C.R. 951) and Immokalee Road (C.R. 846). The property is in Section 26,
Township 48 South, Range 26 East, Collier County, Florida. (see location map on the following
page)
PURPOSE/DESCRIPTION OF PROJECT:
The proposed PUD, if approved, will allow for a maximum of 968 dwelling units for a gross
density of seven units per acre. The PUD allows for a mix of dwelling types and includes:
single-, two- or multi-family residential units and or Group Care Facilities, and associated
accessory uses and consideration and approval of an Affordable Housing Density Bonus
Agreement. The agreement will authorize the developer to utilize affordable housing bonus
density units (in the amount of 414 units at 3.0 bonus density units per acre) in the development
of this project for low-income residents that will include a maximum of 10 percent of the total
number of residential units approved in zoning for Workforce Housing and 10 percent for Gap
Housing units. Access to the property shall be from two points on Immokalee Road (CR 846)
Summit Lakes RPUD, PUDZ-2003-AR-4988
Staff Report for October 5,2006 CCPC
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Agenda Item No. 8E
December 12, 2006
Page 13 of 205
and one location on Woodcrest Drive located on the east property line of the project. The exact
alignment of the access points and building placement will be determined at the site
development plan (SDP) approval stage.
Currently there is one single-family residence and accessory structures located on a small
portion of the property in the southeast comer. A former driving range exists on the northwest
comer of the project. Historically, timbering and cattle grazing have occurred on the property.
SURROUNDING LAND USE AND ZONING:
North: Immokalee Road, then The Quarry, a developing golf course community within the
Heritage Bay PUD/DRI, approved at an overall density of 2.38 units per acre
East: An undeveloped 12::1:: acre tract with a zoning designation of Agricultural, then
Woodcrest Drive, then the developing Calusa Pines Golf Course, with a conditional
use in the Agricultural zoning district
South: Two approximately 5-acre undeveloped, agriculturally zoned tracts that are both
owned by Crystal Lake Resort, and an approximately 20-acre tract that is used for RV
and boat storage for Crystal Lake RV Resort, then the Crystal Lake RV Resort, an RV
resort with PUD zoning approved at 3.07 units per acre, and the proposed Woodcrest
RPUD (PUDZ-2005-AR-78830, a Habitat for Humanity project proposing 66 units on
1 0::1:: acres
West: Agricultural uses on 21 acres and Tuscany Cove, a developing residential PUD that
was approved at 6.4 units per acre
Aerial Photo
Summit Lakes RPUD. PUDZ-2003-AR-4988
Staff Report for October 5. 2006 CCPC
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Agenda Item No. 8E
December 12, 2006
Page 14 of 205
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
The subject property is currently located within the Urban Mixed Use District - Urban
Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan
(GMP). This Subdistrict allows residential uses, including single family; institutional uses (e.g.,
church, day care); essential services; and, recreation and open space uses. The FLUE
Residential Density Rating System indicates the site is eligible for a three (3) dwelling units per
acre (DU/A) bonus density because the project is located within one mile of an Activity Center
(Activity Center 3). When the Activity Center proximity bonus is added to the base density of
four (4) DU/A, the project is eligible for a density of seven (7) DU/A. Additionally, the
petitioner can opt to provide Affordable Housing Units in conjunction with an Affordable
Housing Density Bonus Agreement (AHDBA) to be eligible for up to 8 bonus units per gross
acre. Adding the maximum AHDBA density, the project is eligible for a maximum gross
density often (10) DU/A.
MAXIMUM ELIGIBLE DENSITY
Base Density
Activity Center proximity bonus
Affordable Housing Density Bonus
Eligible Density
4 DUI A
3 DUI A
3 DUI A
10 DU/A
+
Based on the site's acreage and the permissible density of ten (10) DU/A, this rezone could
allow a maximum of 1,383 dwelling units (138.3 acres x 10 DU/A = 1,383 dwelling units). The
petitioner has opted not to utilize the Activity Center proximity bonus although he would be
eligible to do so at this time. It should also be noted that the Evaluation and Appraisal Report
(EAR) recommends eliminating the Activity Center bonus density allowance. The EAR-based
amendments to the Comprehensive Plan have been transmitted to the State, however they have
not been adopted by Co llier County at this time; BCC adopted is expected to occur in April,
2007. The petitioner has submitted a companion Affordable Housing Density Bonus
Agreement (AHDBA), demonstrating the project achieves a 3 DU/A density bonus by providing
affordable housing units not using the proximity to the Activity Center. The total number of a
dwelling units being sought by the petitioner are reflected below:
PROPOSED DENSITY
Base Density
Affordable Housing Density Bonus Agreement
Eligible Density
4 DUI A
+3 DU/A
7 DUI A
The petitioner is proposing a maximum of 968 dwelling units (138.3 acres x 7 DU/A = 968
dwelling units). The petition is proposing to provide approximately 10 percent of the 968 total
dwelling units for housing that is affordable to those in the "work force" range (those earning
61-80 percent of area median income) and 10 percent of the 968 total dwelling units for housing
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Aaenda Item No. 8E
D~ecember 12, 2006
Page 15 of 205
that is affordable to those in the "gap housing" range (those earning 81-150 percent of area
median income).
Approval of the PUD rezone to provide affordable housing units would be consistent with the
intent of GMP Housing Element Objective I, which states:
The number of new affordable housing units shall increase by 500 units each year in an
effort to continue to meet the housing needs of all current and future vely-low, low and
moderate income residents of the County, . . . .
And Housing Element County Policy 2.10, which states:
Through the adoption of local incentives, . .. public and private sponsors will be
encouraged to provide adequate housing for rural residents and fannworker families.
The incentive the applicant is using, the Affordable Housing Density Bonus provision, is
consistent with the Housing Element of the GMP. Based upon the aforementioned analysis,
staff believes the proposed uses and density may be deemed consistent with the FLUE.
Transportation Element:
Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and
the PUD document to ensure the PUD document contains the appropriate language to address
this project's potential traffic impacts, and to offer a recommendation regarding GMP
TranspOliation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone
requests with consideration of its impact on the overall transportation system, and specifically
notes that the County should not approve any request that significantly impacts a roadway
segment already operating and/or projected to operate at an unacceptable Level of Service
(LOS) within the five-year planning period unless specific mitigating stipulations are approved.
It has been detennined that specific mitigation is required. Therefore, Transportation Planning
staff is involved in on-going negotiations with the propeliy owners to resolve transportation
concerns. At this point, the items under discussion include the following:
1. Developer lvill dedicate to the County (at no cost to the Counf)) approximately 1.51
acres for Woodcrest Drive right-of-wa.y. The right-of-way is valued at $325,000.00 per
acre. This commitment shall not be eligible for impactfee credits.
2. Collier COlinty is obligated to obtain all right-aI-Hay neceSSaT)' for the improvement
of Woodcrest Drive and Tree Farm Road b.v January 1, 2008. Not ltithstanding the
phasing schedule in paragraph 12, in the event the County is delayed in obtaining the
!leces.SaT)' right of 11ay, the Developer shall be entitled to thirty (30) additional
Cert[ficates of Occupancy per month added to the units authorized on the .first phase,
until such time the County obtains the necessary ROW
3. Watenvays Joint Venture V lei!! design and permit the Woodcrest Drive improvements
(including any mitigation, but excluding utilif)! design) .from lmmokalee Road to the
southern boundary of Habitat for Humani!)' '5 proposed TVoodcrest RPUD. TVatenva.-vs
Joint T/'entltre T/T shall he cntit/ec/ to rOuel inlj/act.fee crc{jits.for all e~\i)ei1,-,'e5; incurre"7.for
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Agenda Item No. 8E
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the design, permitting and mitigation resultant from this commitment above what would
otherwise be required for a local road cross section.
4. Waterways Joint Venture V will design and permit the Woodcrest Drive improvements
(including any mitigation, but excluding utility design) from the southern boundmy of
Habitat for Humanity's proposed Woodcrest RPUD to the Tree Farm Road intersection,
and west to link with the terminus of Tree Farm Road as permitted through the current
county project. Waterways Joint Venture V shall be entitled to road impact fee credits
for all expenses incurred for the design, permitting and mitigation resultant fi'om this
commitment.
5. The Developer -will construct an upgrade fi'om a typical two lane local roadway to a
minor collector urban roadway from the intersection of Immokalee Road south to the
entrance of Habitat for Humanity's proposed Woodcrest RPUD (here-forward to be
known as the Phase One Roadway Improvements). Waterways Joint Venture V shall be
entitled to road impact fee credits for all expenses incurred resultant fi'om this
commitment for the theoretical upgrade from the local roadway.
6. The Developer -will construct a minor collector roadway fi'om the entrance of Habitat
for Humanity's proposed Woodcrest RPUD, to the intersection with Tree Farm Road,
and west to link with the terminus of Tree Farm Road (here-forward to be known as the
Phase Two Roadway Improvements). Watenvays Joint Venture V shall be entitled to
road impact fee credits for all expenses incurred in the construction costs resultant fi'om
this commitment for the theoretical upgrade fi'om the local roadway to the minor
collector roadway. The developer through prior agreements has agreed to provide funds
to design and permit this section.
7. The Developer 11'ill accept 5.9 acres of storm water run-off fi'om the new Woodcrest
Drive fi'om Immokalee Road to the southern boundmy of Habitat for Humanity's
Woodcrest RPUD. This will require the Developer to construct an additional 0.885
acre.'>' of lake at a value of$354,000.00 (based upon $325,000.00 per acre for the land
and $75,000.00 per acre for excavation). These commitments shall not be eligiblefor
impact fee credits.
8. The County will issue a COAfor the 968 units within 30 days of the BCC approval of
this Agreement.
9. Section JO. 02. 07C.l.e of the LDC requires the Developer to pay 50 percent of the
road impact fees within 90 daJ's qf SDP or Final Plat approval. The estimated road
impact fees for the market rate and gap units within the project totals $5,277,389.00. If
the financial obligations of the Developer pursuant to paragraph 3, 4, and 5 above
exceeds the 50 percent requirement, the Developer Hill not be obligated to prepay road
impact fees at the time of SDP or Final Plat approval. The Developer is required to pay
the remainder of the road impact fees (the Total amount due less the road impact fce
credits received in paragraph 3, 4, 5, and 6) at the time a building permit is pulled or
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Agenda Item No. 8E
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within three years of the date the Board approves this Agreement, whichever occurs
first.
10. The County will facilitate the Developer's SFWMD Letter Modification to excavate
lmmokalee Road Pond #2 for material for the project where in 1/; of the generated fill
material will be utilized for the Woodcrest Road project and the remaining 1/; may be
utilized by the Developer.
11. The development of the Summit Lakes RPUD shall be phased, such that not more
than 30 Certificates of Occupancy per month may be issued until Janumy I, 2009, or
the "First Phase" of Woodcrest Drive improvements are substantialZv complete. Thirty
(30) Certificates of Occupancy per month may be issued thereafter until commencement
of construction of the "Second Phase" of Woodcrest Drive/Tree Farm Road. The
remaining Certificates of Occupancy shall be issued upon the commencement of
construction of the Phase Two Roadway improvements.
The negotiations are anticipated to be concluded prior to the Collier County Planning
Commission (CCPC) hearing with revisions to the PUD document and/or a Developer's
Contribution Agreement (DCA) to be provided to the CCPC for review. If agreement cannot be
reached by the CCPC hearing, the petitioner's agent has been made aware that the petition may
need to be continued.
Conservation and Coastal Management Element:
Pursuant to Objective 2.4 and Policies 2.4.1 & 6.5.1, an Environmental Impact Statement was
provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native
vegetation shall be retained on-site and it has been set aside as preserve areas. The requirement
for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In
accordance with Policy 6.2.6, required preservation areas are identified on the PUD Master
Plan.
Housing Element:
Financial Administration and Housing Depariment staff has reviewed the PUD document to
ensure the document contains the appropriate language to address this project's proposal to
provide affordable housing, and finds the proposed development to be consistent with Section
2.06.00 of the Land Development Code (LDC) and the Housing Element of the GMP.
GMP Conclusion:
The Growth Management Plan is the prevailing document to support land use decisions such as
this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding
of consistency or inconsistency with the overall GMP as part of the recommendation for
approval, approval with conditions, or denial of any rezoning petition. A finding of consistency
with the FLUE and FLUM designations is a pOliion of the overall finding that is required, and
staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in
the GMP discussion. The proposed will be consistent with GMP Transportation Element Policy
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Agenda Item No. BE
December 12, 2006
Page 18 of 205
5.1, the Conservation and Coastal Management Element and the Housing Element as previously
discussed. Based upon the above analysis, staff concludes the proposed uses and density may
be deemed consistent with the goals, objective and policies of the overall GMP.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 10.02.13.8.5 of the LDC and required staff evaluation and comment. The staff
evaluation establishes a factual basis to support the recommendations of staff. The Collier
County Planning Commission (CCPC) uses these same criteria as the basis for their
recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to
support their action on the rezoning request. These evaluations are completed as separate
documents and are attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns.
Transportation Review: Transportation Department staff has reviewed the petition and the
PUD document that accompanies the request. The applicant has incorporated Transportation
staffs revisions within the PUD document, and Transportation Planning staff will recommend
approval subject to the Transportation provision to be resolved in the PUD document and/or a
DCA.
Utility Review: The Utilities Department staff has reviewed the petition, noting that this PUD
is located within the Collier County Water/Sewer District, and is subject to application for and
conditions associated with a Water and Sewer Availability Letter from the Collier County
Utilities Division.
Zoning Review: As illustrated in the aerial photograph, the surrounding zoning discussion of
this staff report, and the Master Plan, the site will be separated from other development by
roadways to the north (Immokalee Road), except for the vacant agriculturally zoned tract
located at the comer of lmmokalee and Woodcrest Drive. To the east, Wood crest Drive will
separate this project from the Calusa Pines County Club project. To the west along lmmokalee
Road is an agricultural operation. Also to the west is the Tuscany Cove PUD, which is
developed at a similar density of 6.4 units per acre. To the south are two approximately 5-acre
undeveloped, agriculturally zoned tracts that are both owned by Crystal Lake Resort, and an
approximately 20-acre tract that is used for RV and boat storage for Crystal Lake RV Resort.
Also south of the site is the six-acre tract that is being proposed for a rezone as the Woodcrest
RPUD. That project proposes a density of six units per acre. Staff must consider the
compatibility of the uses proposed in this PUD in conjunction with what currently exists on the
south propeliy, pursuant to GMP Policy 5.4.
The development standards contained in Section III of the PUD document reflect a design
approach that will provide single family attached and detached units as well as multi-family and
Assisted Living Facility (ALF) housing oPPOliunities. The PUD indicates there will be a
minimum front-yard setback of 20 feet for all residential structures, and side setbacks of 7.5 feet
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Agenda Item No. 8E
December 12, 2006
Page 19 of 205
for a single-family unit, 6 feet for two-family unit and townhomes structures. Multi-family
buildings will have a IS-foot or 12 the building height side setback. The minimum rear setback
is 15 feet for single family detached and attached townhouse units and 20 feet for multi-family
of ALF buildings. The maximum height for single-family detached units will be 35 feet, and 40
feet for single-family attached townhouse units and 45 feet for multi-family or ALF structures.
The subject site is within approximately 1,000 feet of Mixed Use Activity Center #3, which
allocates a maximum of 40 acres of commercial development at each quadrant of the
intersection of Immokalee Road and Collier Boulevard. When developed, the Activity Center
will provide commercial use opportunities providing jobs and services for the residents of this
project, which will further the Urban Service Area concept manifested in the Growth
Management Plan.
Deviation Discussion:
The petitioner is seeking approval of five deviations. The petitioner has provided justification
in support of the deviations (see "Deviations and Justifications", stamped received July 17,2006
included in the Application for Public Hearing). Staff has analyzed the deviations and
recommends approval or denial of these deviations as noted below.
Deviation 1 seeks relief from LDC Section 6.06.01 (0) for "cul-de-sac and local streets, and
LDC Appendix B, (Section III P.5. of the proposed Construction Standards Manual intended to
be adopted as part of the County's Administrative Code), that requires 60 feet, to allow 50 feet.
PUD Document Section 2.5.A.--All platted project streets shall have a minimum 50-foot
right-o.f- }my. A deviation fi'om Section 6.06.0 i (0) of the LDC, for cul-de-sac and local
streets, LDC Appendix B-2 and B-3 for clll-de-sac and local streets respectiveZv. and
Section IIi, Exhibit "A ", Design Requirements for Subdivisions C.i3.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66, llhich requires 60feet, to allov,' 50 feet. (See Appendix
"A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project
streets shall be private. and shall be c!ass(fied as local streets.
Petitioner's Rationale: A 50-foot right-of-way is proposed for this RPUD to provide flexibility
in development design, subject to providing easements for required utilities generally parallel to
the right-of-way. This is a reasonable deviation that has been implemented in subdivisions
throughout the County and does not compromise health, safety, and welfare issues related to
civil engineering design.
Staff AnaZvsis and Recommendation: This deviation was approved in the Bristol Pines PUD.
Zoning: and Land Development Review staff has reviewed the deviation and recommends
approval as limited in PUD Section 2.5.A. finding that. in compliance with LDC Section
10.02.13./\.3. the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health. safetv and welfare of the community."
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Staff Report for October 5, 2006 CCPC
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Agenda Item No. BE
December 12, 2006
Page 20 of 205
Deviation 2 seeks relief from LDC Section III, Exhibit "A," Design Requirements for
Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards
Manual adopted through Ordinance No. 2004-66 that requires tangents to be provided between
reverse curves on all streets.
PUD Document Section 2.5.C.--Tangents between reverse curves are not required for
any local street design in this RPUD. A deviation fi'om Section 111, Exhibit "A ", Design
Requirements for Subdivisions C.13j. of the Administrative Code for Collier County
Construction Standards Manual adopted through Ordinance No. 2004-66.
Petitioner's Rationale: This RPUD will not require tangents between reverse curves in order to
provide greater subdivision design flexibility. All internal roads within the RPUD will be
private, and have low posted speed limits, and will have a curvilinear design that has been
shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat
terrain found on site does not warrant the need for tangents. This is a reasonable deviation that
has been applied throughout the County and does not comprise a risk to public health, safety
and welfare.
Staff Analysis and Recommendation: This deviation has been accepted as an alternative allowed
in several PUD zoned projects, and the petitioner's reasoning appears sound. Zoning and Land
Development Review staff has reviewed the deviation and recommends approval as limited in
PUD Section 2.5.C, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner
has demonstrated that "the element may be waived without a detrimental effect on the health.
safetv and welfare of the communitv."
Deviation 3 seeks relief from Sub-section 5.03.02.B., that requires fence and wall height to be
measured from existing grade. Given the interface of the project's northern water management
impoundment grading, with the grading of lnunokalee Road, that project boundary will be filled
and graded to hold storm water on the project site fi'om a 25-year storm event prior to
attenuation and eventual discharge. Thus the proposed privacy/sound barrier wall would be
constructed on an improved grade.
and the Deviation 3 companion request:
Deviation 4 seeks relief from Sub-section 5.03.02.C.l, that limits fence and wall heights to six
feet. Currently lnunokalee Road is being improved to be a 6-lane arterial roadway, that will
carry a high volume of vehicular traffic. Given the intrusive nature of the noise generated by
such a high volume arterial roadway, it is appropriate to install an effective sound banier to
diminish the noise affecting the residents of the subdivision. Therefore, a privacy/sound banier
wall, no greater than eight feet, is intended to be installed along the northern property boundary.
6.11.B. Privacy/sound barrier wall height: Privacy/sound barrier .walls are proposed
on the Immokalee Road project boundmy. The wall is proposed to be located on top of
perimeter benning rather than on existing grade. Deviation ji-om LDC Sections
5. 03. 02.A.9. and 5. 03. 02.B. The privac.y/sound barrier wall associated ,vith the
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Staff Report for October 5, 2006 CCPC
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Agenda Item No. 8E
December 12, 2006
Page 21 of 205
lmmokalee Road project boundmy shall not exceed eight (8') feet. Deviation Fom LDC
Section 5.03.02.C.l.
Staff Analysis and Recommendation for Deviations 3 and 4: These deviations or versions of
similar deviations were approved in the Bristol Pines PUD. Deviation 3 seeks to change the
manner in which the wall height is measured. This would allow a wall that would appear to be
higher that the eight feet tall that is sought in Deviation 4 because the wall would be placed
upon a berm and measured from the height of the berm rather than from the existing grade.
Zoning and Land Development Review staff has reviewed the deviation and recommends
approval as limited in PUD Section 6.11.B. finding that in compliance with LDC Section
10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health. safetv and welfare of the communitv."
Deviation 5 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number
of model homes to allow one model home for each variant of the residential product proposed in
the project. In an effort to provide a variety of residence styles and floor plans within the
development, it is essential not to arbitrarily limit the oppOliunity of a home buyer to see the
creativity of the architecture proposed in a development. To do so could result in monotonous
tract housing reminiscent of the "new town" movement after the end of the World War II.
Summit Lakes intends to have eight (8) different models of townhouse floor plans, and eight (8)
multi-family coach home floor plans. This deviation is appropriate, and does not negatively
affect the health and safety, nor welfare of the future residents of the development. A
reasonable limitation on the number of models has been provided for in the RPUD Document.
2.7.B. Tempormy use permits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of Subsection 5.04. 04.B.5.c. of the LDC. Hmvever, the Summit Lakes
RPUD may have one model home representing each type of residential product. The
number of model homes may exceed five, but shall not exceed a total of sixteen.
Deviation 3 from LDC Section 5JJ4. 04.B. 5.c. that limits the total number of model
homes in a single development to .five.
Staff Anazvsis and Recommendation: This deviation has been accepted as an alternative allowed
in several PUD zoned projects, and the petitioner's reasoning appears sound. Zoning and Land
Development Review staff has reviewed the deviation and recommends approval as limited in
PUD Section 2.7.R finding that in compliance with LDC Section 1O.02.13.A.3. the petitioner
has demonstrated that "the element mav be w'aived without a detrimental effect on the health.
safetv and welfare of the communitv."
ENVIRONMENTAL ADVISORY COUNCIL (EAC):
The EAC heard this petition on June 14. 2006 and voted 6-1 to approve the petitioner's request
with staff recommendations contingent upon the SFWMD permit issuance. The council also
expressed their concern that they did not have the final design of the stormwater management
system to review, so they felt they were not giving the Board a clear and concise opinion of the
project.
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Agenda Item No. BE
December 12, 2006
Page 22 of 205
NEIGHBORHOOD INFORMATION MEETING:
Agent for the applicant, Dwight Nadeau of RW A, Inc., held the required Neighborhood
Information Meeting on November 16,2004 at 5:30 P.M. at the Faith Community Church, 6455
Hidden Oaks Lane, Naples, FL. In addition to the agent and county staff, one person attended
the presentation. Mr. Tom Smiczek of Crystal Lake Resort asked several questions, however he
did not voice opposition to the proposal.
Mr. Nadeau stated that the developer has "committed 5 percent of the platted units for moderate
income affordable housing". He outlined several agreements with the developer that are being
negotiated, including: Habitat for Humanity (HFH) access to Woodcrest Drive, including
improvements and interconnection of water and sewer to the HFH site. When questioned about
the product type, Mr. Nadeau described the development design as attached two-story fee
simple town-homes with between three to eight units per building. He also stated there are to be
two access points from Immokalee Road. Synopsis provided by Linda Bedtelyon, Community
Planning Coordinator.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDZ-2003-AR-4988 to the Board of County
Commissioners with a recommendation of approval subject to staff stipulations including those
recommended by Transportation Staff, and approval of the requested Deviations (except for
Deviation #1, which is not necessary and is thus not being supported by staff); and approval 0 f
the agreement authorizing affordable housing density bonus units as set forth in the PUD
document and the AHDB agreement.
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Agenda Item No. 8E
December 12, 2006
Page 23 of 205
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSIST ANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the November 14,2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARKP. STRAIN, CHAIRMAN
DATE
Exhibits:
A.
B.
Rezone Findings
PCD Findings
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Exhibit B
PUD FINDINGS
PUDZ-2003-AR-4988
Agenda Item No. 8E
December 12, 2006
Page 24 of 205
Section 1O.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The nearby area is developed with residential uses and that is what is proposed. The
project will be required to comply with all county regulations regarding drainage, sewer,
water and other utilities.
Con: None.
Finding: Of the total 138.38 acres of the project site, 94.41 acres are considered native
vegetation. Twenty-five percent of the native vegetation is required to be preserved which
is being met in two preserve areas consisting of 23.60 acres, including 14.26 acres of
wetlands, according to the EAC staff report. The traffic generated from this project could
have an adverse impact on the area; however that issue is being addressed by county
Transportation staff and the applicant. Water, sewer and other services will be provided to
this project. The project will be required to comply with all county regulations regarding
drainage, sewer, water and other utilities; therefore, the project is suitable for the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and maintenance
of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Future Land Use Element, the
Conservation & Coastal Management Element, the Housing Element and the TranspOliation
Element of the GMP offering a recommendation that this petition be found consistent with
the overall GMP if TranspOliation staff s concerns can be adequately addressed.
Con: Staffs analysis is subjective. Many of the goals, objective and policies do not have
quantative means to measure compliance. The GMP Transportation Element Policies 5.1
Page 1 of 3
Agenda Item No. 8E
December 12, 2006
Page 25 of 205
and 5.2 and Policy 6.1.1 and Policy 7.1.2 contain measurable components; however, FLUE
Policy 5.4 does not. Compatibility with the adjacent and surrounding land uses is a
subjective determination.
Finding: Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
Pro: Staff analysis as contained in the staff report indicates that this petition is compatible,
both internally and externally, with the proposed uses and with the existing surrounding
uses. Approximately two thirds of the subject property is already zoned PUD (93.5 acres) to
allow for residential density of 4.49 units per acre (RV units) and a nine-hole golf course.
Con: The rezoning of the remaining agriculturally zoned 45:1: acres to allow more intense
residential uses may be perceived as an intensification of development in the neighborhood
causing concern from the surrounding property owners.
Findings: Staff believes that the proposed conditions would aid in creating anleliorating
elements which would offset the adverse impacts from the proposed land uses. (see Staff
Report).
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The amount of open space set aside by this project is consistent with the provisions of
the Land Development Code. No deviations to reduce the required open space have been
sought as pal1 of the development proposal.
Con: Evaluation not applicable.
Finding: Staff believes that the property development regulations should aid in creating
ameliorating elements which would offset the adverse impacts from the proposed land uses.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro: Timing or sequence of development in light of conCUlTency requirements IS one
element that is being discussed between transpOltation staff and the petitioner.
TranspOltation staffs recommendations include limitations on Certificate of Occupancy
issuance and phasing that will coincide with transpOltation improvements. The project's
development must be in compliance with applicable concUlTency management
regulations when development approvals are sought.
pun FINDIt~GS
PUDZ-2003-AR-4988
EXHIBIT B
Page2of3
Agenda Item No. 8E
December 12, 2006
Page 26 of 205
Con: None.
Finding: If agreement can be reached between the petitioner and County Transportation
staff, the proposed project 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 LOS degradation is not allowed or the LOS deficiency is corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding: If "ability" implies supporting infrastructure such as wastewater disposal system,
potable water supplies, characteristics of the property relative to hazards, and capacity of
roads, then the subject property has the ability to support expansion based upon the
commitments made by the petitioner in the PUD document and the fact that adequate public
facilities requirements will be addressed when development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Pro/Con: Evaluation not applicable.
Finding: This criterion essentially requires an evaluation of the extent to which
development standards and deviations proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to the standards for the RMF zoning
districts as noted in the staff report. The petitioner is seeking five deviations as part of the
rezoning approval, and has provided justification to support the deviations. The staff report
provides an analysis o( and recommendation for the deviations.
PUD FINDINGS
PUDZ-2003-AR-4988
EXHIBIT B
Page 3 of 3
Agenda Item No. 8E
December 12, 2006
Page 27 of 205
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2003-AR-4988
Chapter 1O.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: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Housing 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: Consistency with the Density Rating System is contingent upon the approval of the
Affordable Housing Density Buns Agreement.
Findings: Based upon staffs review, the proposed development is in compliance with the
Future Land Use Element (FLUE) of the Grmvth Management Plan (GMP) for Collier County
and all other relevant goals, objectives and policies of the GMP.
2. The existing land use pattern.
Pro: The location and zoning map that is attached to the staff repori show the Summit Lakes
site is a logical use in this area given the neighboring golf course communities of The Quarry
(part of Heritage Bay DRI/PUD) and Calusa Pines County Club, the multi-family uses within
Tuscany Cove and the proposed single-family attached and detached units proposed within
Woodcrest RPUD. The applicant has agreed to investigate possible interconnections to
neighboring projects, consistent with GMP Transportation Element Policy 9.3 that encourages
interconnection of neighborhoods.
Con: The existing and proposed residential uses along the Immokalee Road (CR 846) and the
Collier Boulevard (CR 951) cOlTidor are taxing the county's ability to complete roadway
improvements to complement the development activity.
Finding: Staff believes this project will be compatible with the existing land use patterns as
eXplained in the staff repOli if the conditions recommended by Wastewater Facility staff are
included.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Pro/Con: Evaluation not applicable.
Page 1 of 5
Agenda Item No. 8E
December 12, 2006
Page 28 of 205
Findings: The proposed rezoning will not create an isolated district unrelated to adjacent and
nearby districts. The surrounding area is developed with residential uses; thus, the uses and the
zoning districts share a use relationship.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Findings: The district boundaries are logically drawn as previously noted.
5. Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is not necessary, per se; it is being requested in compliance with the
LDC provisions to seek such changes. A portion of the site is currently used for a single family
homesite. A former driving range exists on the northwest comer of the project. Historically,
timbering and cattle grazing have occurred on the property. Those uses could be re-established
with the current zoning if so desired.
Con: Evaluation not applicable.
Findings: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the GMP) is
positive.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro: The proposed change will not adversely influence living conditions in the neighborhood
because the recommended development standards and other conditions for approval should
ensure the least amount of adverse impact on adjacent and nearby developments
Con: The adjacent and surrounding properiy owners may perceive that the addition of 968
dwelling units could adversely impact traffic flow on the local streets.
Findings: The proposed Sunm1it RPUD is compatible with adjacent land uses due to the
similarities that should be realized between the surrounding residential uses and the proposed
residential uses. The density proposed is somewhat higher than what is approved for the area;
however the offsetting benefit to the county is the affordable housing units that will be
provided. The amount and types of noise and odors, and building massing related to the
proposed uses 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.
EXHIBIT A
Rezone Findings
PUDZ-2003-AR-4988
Page 2 of 5
Agenda Item No. 8E
December 12, 2006
Page 29 of 205
Pro: Development of the subject property is only consistent with provIsIons of the
Transportation Element of the GMP if mitigating measures are taken by the petitioner to offset
this project's impacts upon the transportation network. This project will generate significant
traffic impacts therefore, approval of this project would create types of traffic deemed
incompatible with surrounding land uses and it could affect the public safety. Transportation
staff and the petitioner are working to resolve the transportation issues as part of the PUD
document and/or a Developer's Contribution Agreement (DCA). Developers who share
roadway improvement costs provide an alternative taxpayer cost effective way to expedite
roadway improvements.
Con: The adjacent and surrounding property owners may perceive that the addition of 968
dwelling units could adversely impact traffic flow on the local streets even if roadway
improvements are required.
Findings: Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Traffic Element of the GMP and was found consistent. Furthermore, this
project will be subject to the Concurrency Management System.
8. Whether the proposed change will create a drainage problem.
Pro: Road improvements precipitated by this development and water management
improvements to accommodate site development are designed to accommodate the norn1al
drainage requirement.
Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall
event.
Findings: Every project approved in Collier County involving the utilization of land for some
land use activity is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Pro/Con: Evaluation not applicable
Findings: All projects in Collier County are subject to the development standards that are
unique to the zoning district in which it is located. These development standards and others
apply generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) were designed to ensure that light penetration and circulation of
air does not adversely affect adjacent areas.
EXHIBIT A
Rezone Findings
PUDZ-2003-AR-4988
Page 3 of 5
Agenda Item No. 8E
December 12, 2006
Page 30 of 205
10. Whether the proposed change will adversely affect property values in the adjacent area.
Pro: Urban intensification typically increases the value of adjacent or underutilized land.
Con: None
Findings: This is a subjective determination based upon anticipated results which may be
internal or external to the subject property, and which can affect property values. Property
valuation is affected by a host of factors including zoning; however, zoning by itself mayor
may not affect values, since value determination by law is driven by market value. The mere
fact that a property is given a new zoning designation mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Pro/Con: Evaluation not applicable
Findings: The basic premise underlying all of the development standards in the Land
Development Code is the sound application of the standards, when combined with the site
development plan approval process and/or subdivision process, gives reasonable assurance that
a change in zoning will not result in 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/Con: Evaluation not applicable.
Findings: The proposed development complies with the Growth Management Plan, a public
policy statement supporting Zoning actions when they are consistent with said Comprehensive
Plan. In light of this fact, the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship because
actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Pro/Con: This issue is discussed in Item 5 above.
Findings: Any petition for a change in land use is reviewed for in compliance with the GMP
and the LDC with the Board of County Commissioners ultimately ruling what uses and density
or intensity is approved or, on the contrary, if the petition is denied. This petitioner is
proceeding through the proper channels to gamer that Board ruling.
EXHIBIT A
Rezone Findings
PUDZ-2003-AR-4988
Page 4 of 5
Agenda Item No. 8E
December 12, 2006
Page 31 of 205
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro: The project's Property Development Regulations provided in the PUD document are
similar to what is allowable in the neighboring PUD zoning districts.
Con: None.
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated the scale, density and intensity of land uses deemed to be
acceptable throughout the urban designated areas of Collier County.
15. \Vhether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Pro/Con: Evaluation not applicable
Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and
the LDC; and staff does not review other sites in conjunction with a specific petition.
However, suffice to say, there are most likely areas of the County with conventional or PUD
zoning that would allow development of the housing types proposed by the petitioner. The
determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy
of infrastructure and general compliance with the Land Development Code.
16. The physical characteristics of the property and the degree of site alteration which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Pro/Con: Evaluation not applicable
Findings: As noted in Item 5 above, this site's size limits the ability to develop the property as
a golf course.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County LDC regarding
Adequate Public Facilities.
Pro/Con: Evaluation not applicable
FindinQ:s: A multi-disciplined team responsible for reviewing jurisdictional elements of the
GMP and the LDC public facilities requirements has reviewed this land use petition and found
it consistent and in compliance for zoning approval. A final detem1ination whether this project
meets the full requirements of adequate public facilities specifications will be detennined as
part of the development approval process.
EXHIBIT A
Rezone Findings
PUDZ-2003-AR-4988
Page 5 of 5
Agenda Item No. 8E
December 12, 2006
Page 32 of 205
Item VLA.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF JUNE 14.2006
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
ApplicantlDeveloper:
Engineering Consultant:
Environmental Consultant:
PUDZ-2003-AR-4988
Summit Lakes PUD
Waterways Joint Venture V
RW A Consulting, Inc.
Passarella and Associates, Inc.
II. LOCATION:
The subject 138.38 :l:: acre property is located approximately V2 mile east of the
intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846).
The property is in Section 26, Township 48 South, Range 26 East, Collier County,
Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING
DESCRIPTION
N - PUD
Immokalee Road, then Heritage Bay PUD, known as
The Quany, a proposed residential project which
was a borrow pit
S - Agriculture & PUD
Undeveloped area, and Crystal Lakes RV Park PUD,
developed with RV units
E - Agriculture
Woodcrest Drive, then Calusa Pines Golf Club
W - Agriculture & PUD
agricultural uses and Tuscany Cove PUD,
developing residential development
IV. PROJECT DESCRIPTION:
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Agenda Item No. 8E
December 12, 2006
Page 33 of 205
Page 2 of9
The developer is seeking a rezoning from the Planned Unit Development (PUD)
zoning district [which was originally approved as the Outdoor Resorts PUD] and
the Rural Agricultural (A) zoning district, to the Residential Planned Unit
Development (RPUD) zoning district for a project to be known as Summit Lakes
RPUD to allow development of a maximum of 968 dwelling single-family
attached or detached units, multi-family dwelling units and or Group Care
Facilities and associated accessory uses. As part of that proposal the petitioner is
asking for consideration and approval of an Affordable Housing Density Bonus
Agreement authorizing the developer to utilize affordable housing bonus density
units (in the amount of 414 units at 3.0 bonus density units per acre) in the
development of this project for low-income residents that will include a maximum
of 10 percent of the total number of residential units for Workforce Housing and
10 percent for Gap Housing units.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is currently located within the Urban Mixed Use District -
Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). This Subdistrict allows residential uses,
including single family and multi-family uses; institutional uses (e.g., church, day
care); essential services; and, recreation and open space uses. For residential
usage, the Density Rating System in the FLUE indicates the site is eligible for a
base density of four units per acre (DU/A) and a three (3) DU/A bonus since the
proposed project is within one mile of an Activity Center (Activity Center #3).
However the developer is not seeking to utilize that allowance and instead has
opted to seek additional density above the base of three units per acre by
providing affordable housing units. When added to the base density of four (4)
DUI A, the proj ect is eligible for a maximum gross density of seven (7) DUI A.
Base Density
Bonus Density for Affordable Housing Units
4 DU/A
+3
DU/A
Proposed Density
7 DU/A
Based on the site's acreage and the permissible density of seven (7) DU/A in the
PUD zoning district, this rezone could allow a maximum of 968 dwelling units
(138.3 acres x 7 DU/A = 968 dwelling units). The developer is seeking approval
of bonus density unit via an Affordable Housing Density Bonus Agreement,
seeking approval of 414 bonus units. For that allowance, the developer has
offered to provide 10 percent of the total number of residential units for
EAC Meeting
Agenda Item No. 8E
December 12, 2006
Page 34 of 205
Page 3 of9
Workforce Housing and 10 percent for Gap housing, as those terms are defined in
the Land Development Code.
Based upon the aforementioned analysis, staff concludes that the proposed uses
and density may be deemed consistent with the FLUE.
Conservation & Coastal Mana2ement Element:
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards. "
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system."
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and limit the quantity of water leaving the site by
utilizing lakes and interconnected wetlands to provide water quality retention and
peak flow attenuation during stonn events.
The project as proposed is consistent with the Policies in Objective 6.1 of the
Conservation & Coastal Management Element, for the following reasons:
Twenty-five percent (25%) of the existing native vegetation is required to be
retained. Twenty-five percent of the site has been identified for retained native
vegetation preservation within the PUD boundaries.
In accordance with Policy 6.1.1 (3), required preservation areas are identified on
the PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood controL water conservation, erosion control, or fish
and wildlife conservation and preservation. A portion of the largest preserve is in
an undeveloped public road right of way easement and will not be allowed to be
used as preserve. The applicant is intending to vacate the easement and will be
required to provide an area equivalent to that portion of preserve shown on the
Master Plan if the easement is not vacated, by the time of the next Development
Ord er.
Preserve management plans are required at the time of Site Development
Plan/Construction Plan submittal. Preserve areas shall be required to be
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Agenda Item No. 8E
December 12,2006
Page 35 of 205
Page 4 of9
maintained free of Category I invasive exotic plants, as defined by the Florida
Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (EIS) pursuant to Policy
6.1.8 has been satisfied.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EIS).
VI. MAJOR ISSUES:
Environmental:
Site Description:
The project consists of the previously approved but undeveloped Outdoor Resorts
of Naples, a Motorcoach Country Club PUD, which was pennitted by the South
Florida Water Management District (SFWMD), see Exhibit T in the EIS. Three
other parcels have been added for the Summit Lakes project. One has been mostly
impacted for the Ferguson Golf Driving Range and another contains a single
family house. The remaining acreage of the project is undeveloped.
An aerial photograph with FLUCFCS mapping is included in the EIS as Exhibit B
and includes off-site habitats 200' from the property line. A vegetation and
wetlands map of the property is provided as Exhibit C in the EIS, and an acreage
breakdown of the habitat types, including native habitats, is provided in Table 2
on page 10 of the EIS. Exhibit N shows those areas designated as native habitat.
Wetlands:
The following information on wetlands is taken from the EIS:
"A total of 36.96::1:: acres of SFWMDI Collier County jurisdictional wetlands were
previously identified on the property prior to the road widening improvements for
Immokalee Road (see EIS, Revised July 2005). The recent widening
improvements have reduced the amount of on-site wetlands to 35.40::1:: acres (i.e., a
1.56::1:: acre reduction) and increased the amount of "other surface waters" (OSW)
from zero to 3.31::1:: acres (Exhibit C). These changes resulted from the road being
EAC Meeting
Agenda Item No. 8E
December 12, 2006
Page 36 of 205
Page 50f9
widened from two to four lanes and construction of a storm water management
pond along the northern portion of the subject property.
Wetland jurisdictional determinations were conducted for the Capiello Parcel on
May 23, 2003; for the Ferguson Driving Range Parcel on June 21, 1995 with
Kevin L. Erwin Consulting Ecologists, Inc.; and for the 13::1:: Acre Parcel on
February 11, 2004. The wetland lines for the Outdoor Resorts Parcel were
reviewed and approved by the SFWMD prior to issuing Permit No. 11-02081- P."
The Ferguson parcel has two preserved wetland areas under a conservation
easement to Collier County and SFWMD. This easement will be modified with
the first Development Order for the project to show the revised Preserve lines.
Preservation Requirements:
Of the total 138.38 acres of the project site, 94.41 acres are considered native
vegetation. Twenty-five percent of the native vegetation is required to be
preserved which is being met in two preserve areas consisting of 23.60 acres,
including 14.26 acres of wetlands. County Environmental Staff coordinated with
SFWMD staff to approve the Preserve areas so they would meet both agencies'
requirements.
Listed Species:
One gopher tortoise bun-ow was found along a historic benned trail within the
site. It will be detel1nined at the time of Site Development Plan/Construction Plan
approval whether there is adequate habitat to relocate the tOlioise on-site or
require off-site relocation. An updated listed species survey will also be required
at that time.
At the time of pemlitting for the Outdoor Resorts parcel, one Big Cypress Fox
Squirrel was observed, and none were observed during the most recent survey. A
management plan was included in the SFWMD pemlit, and it will be required to
be included as part of the Preserve Management Plan on the Site Development!
Construction Plans.
Storm water Mana2ement:
The existing elevations typically range from 13.3 ft to 14.8 f1 NGVD, with some
low lying wetland areas.
Original pre-development surface water-flow pattems followed a southwesterly
direction (see attached LiDAR topography) and were part of the natural low lying
area. Earthwork for the construction of the lmmokalee Road and adjacent
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Agenda Item No. 8E
December 12, 2006
Page 37 of 205
Page 60f9
developments altered these conditions; however, discharge from the site will be
conveyed to the 951 Canal in order to restore pre-development routes as was
stated in the existing Environmental Resource Permit (ERP) from SFWMD.
The proposed surface water management plan will incorporate best management
practices including water quality facilities for above ground surface water
treatment and storage (lakes) prior to discharge into the existing 951 Canal. All
construction activities will employ best management practices, limiting the
potential for pollutant discharge in accordance with United States Environmental
Protection Agency - National Pollutant Discharge Elimination System.
The gross site encompasses 138.38 acres of which 23.70 acres will be preserved
and will remain separated from the water management system. Therefore, the
system will be designed to treat and attenuate 114.78 acres, including 14.26 acres
of wetland as part of the detention system.
The existing ERP permit (No 11-02081-P), states that 12.8 acres of offsite future
lmmokalee Road runoff will be treated and attenuated in the approved stonn
water management system. Additionally, 5.39 acres of offsite Woodcrest Lane
Right of Way runoff (immediately adjacent to the east side of the project site),
will be only attenuated.
The net site area of 114.78 acres plus the offsite flows areas, encompasses a total
drainage area of 142.96 acres. The system has been divided into five separate and
independent drainage basins in which the attenuation and treatment will occur.
The two offsite flows (Immokalee Road ROWand W oodcrest Lane ROW) will
enter the system through basins One and Four respectively. The 23.70 acres of
preserve will continue to drain in a southerly direction, which is the historical
drainage pattern (see topography).
Due to this project's location within the Big Cypress Basin and water
management requirements, the surface water management design requires
attenuation and modeling of the 25-year 3-day storm routings for water quantity
once water quality standards and maximum discharge rates have been met.
Minimum finished floor elevations of living areas will be dictated by the 100-yr
3-day stonn routing. Minimum centerline of road elevations will be set equal to
or above the 25-year, 3-day storm elevation. The perimeter berm will be set at
the 25-year 3-day storm elevation.
The basic operations of the surface water management system includes the
collection of surface water runoff in reinforced concrete drainage structures
(catch basins), transportation of the flow through a subsurface conveyance system
(culverts), and directing of runoff to above-ground wet detention areas (lakes).
The site will incorporate 17.60 acres of above-ground wet detention in five
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Agenda Item No. 8E
December 12, 2006
Page 38 of 205
Page 70f9
detention areas. The detention areas are interconnected, with all discharge
occurring through a single control structure.
As the system network is filled with surface water, water quality starts at 12.50 ft
NGVD, control elevation. Once water quality has been achieved at 13.19 ft
NGVD, the treated surface water is permitted to flow over the crest of the weir of
the control structure without exceeding the maximum discharge rate of 21.46 cfs.
The proposed control structure will discharge to the 951 Canal via a culvert in the
Immokalee Road Right-of- Way.
The control elevation for this Project has been determined to be elevation 12.50
ft. NGVD, based on an existing SFWMD permit.
The 25-year 3-days tail water conditions in the 951 canal are based in the
Hydrologic Hydraulic Assessment of CR 951 Canal Improvement from SFWMD.
The Project Basin Breakdown of the subject property, which is included in the
Water Management Calculations, indicates that there are 60.22 acres of
impervious uplands and 60.12 acres of pervious uplands
VII. RECOMMENDA TIONS:
Staff recommends approval of PUDZ-2003-AR-4988 with the following
conditions:
Storm water Mana2ement:
1. A new SFWMD ERP must be obtained for this project.
Environmental:
None
EAC Meeting
Agenda Item No. 8E
December 12, 2006
Page 39 of 205
Page 8 of9
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
LAURA ROYS GIBSON DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
KAY DESELEM, A.I.c.P. DATE
PRINCIP AL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
Agenda Item No. 8E
December 12, 2006
Page 40 of 205
EAC Meeting
Page 9 of9
REVIEWED BY:
BARBARA S. BURGESON
PRINCIP AL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E.
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
DATE
STEVEN GRIFFIN
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
Agenda Item No.! 8E
December 12, 2006
Page 42 of 205
2800 NORTH HORSESHOE DRIVE.
NAPLES, FLORIDA 34104 F
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
SUMMIT PLACE
PUDZ-2003~AR-4988
PROJECT #2003110009
NAME OF APPLlCANT(S) Richard Davenoort. Waterways Joint Venture V
ADDRESS 15122 Summit Place Circle CITY Naoles STATE EL- ZIP 34119
TELEPHONE # (239\ 352-6610
CELL #
FAX # (239) 352-1460
E-MAIL ADDRESS:radavenoort@bellsouth.net
NAME OF AGENT Dwiaht Nadeau. RW A, Inc.
ADDRESS 661 0 Willow Park Drive. Suite 200 CITY Naoles STATE FL ZIP 34109
TELEPHONE # (2391 597-0575 CELL # _ FAX # (239\ 597-0578
E-MAIL ADDRESS:dhn@consult-rwa.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Pu'~lic Hearing For PUD Rezone 6/14/04
Item No. 8E
ber12,2006
ge 43 of 205
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
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _ CITY _ STATE _ ZIP _
NAME OF MASTER ASSOCIA nON:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
.., Disclosure ofInterestlnformation ..' " ,. '!..
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
Application For Public Hearing For POO Rezone 6/1 4/04
b. If the property is owned by a CORPORATION, list the officers and stockholde~QtffiPa Itenl No 8E
the percentage of stock owned by each. December 12, 2 06
Page 44 of 05
Name and Address
Percentage of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Ownership
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
Waterways Joint Venture V is a partnership between the followina entities:
Bribro Ventures. Inc.
15%
Waterways at Hibiscus,Ltd.
20%
DESN I. Inc.
65%
Appiication For Public Hearing For PUD Rezone 6/14/04
e.
If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Agenda Item No. 8E
Corporation, Trustee, or a Partnership, list the names of the contract purchasers oecepmber 41;, ;~g~
below, inc:luding the officers, stockholders, beneficiaries, or partners. age 0
Name and Address
Date of Contract:
Percentage of Ownership
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
If, Petitioner has option to buy, indicate the following:
g. Date subject property acquired 0 leased 0 Term of lease _ yrs.Jmos.
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
disc:losure of interest form.
I
PROPERTYLOCATIQN
...1
Detailed le2al description of the propertv covered bv the application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning district, include separate legal
Application For Public Hearing For PUD Rezone 6/J 4/04
description for property involved in each district. Applicant shall submit four (4) copies of a recenl1gK,~~te~ 2N~O~~
(co~ple!ed with~n the last six months, maximum 1" to 400' scale) if required to do so at ;R"e~rf5 er 46 ' f 205
application meehng. age 0
NOTE: The applicant is responsible for supplying the corred legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required,
SedionjTownship/Range 2..Qj48S/26E
Lot:
Block:
Subdivision:_
Plat Book _ Page #: _ Property 1.0.#: 00192280000. 00192000002.
00192160007.00192320009.00192040004.00191920002.00192880002.
00192200006,00193080005,00192080006
Metes & Bounds Description: A PARCEL OF LA.ND LYING IN SECTION 26. TOWNSHIP 48 SOUTH. RANGE 26
EAST OF COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 26 EAST OF
COLLIER COUNTY. FLORIDA:
THENCE ALONG THE WEST LINE OF THE NORTHEAST ]/4 OF SAID SECTION 26 S.020]7'02"E.. A DISTANCE
OF ]50.]2 FEET. TO THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD (COUNTY ROAD 846) AS
RECORDED IN OFF]CIAL RECORDS BOOK 3]88. PAGES ]723 THROUGH ]726 OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED:
THENCE ALONG THE SAlD SOUTH RIGHT-OF-WAY THE FOLLOWING FNE
(5) DESCRIBED COURSES:
(]) THENCE S.89058'17"E.. A DISTANCE OF 398.07 FEET:
(2) THENCE S.02017'42"E.. A DISTANCE OF]] .01 FEET:
(3) THENCE S.89058'17"E. A DISTANCE OF 385.13 FEET:
(4) THENCE N.020] 7'42"W.. A DISTANCE OF 11.01 FEET:
(5) THENCE S.89058'17"E.. A DISTANCE OF 537.20 FEET. TO A POINT ON THE EAST LINE OF THE EAST 1/2
OF THE NORTHWEST ]/4 OF THE NORTHEAST ]/4 OF SAID SECTION 26:
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-W A Y AS RECORDED IN OFFIC]AL RECORDS
BOOK 3] 28. PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THE
FOLLOWING TWO (2) DESCRIBED COURSES:
(1) THENCE S.020J 8'21"E.. A DISTA.1\ICE OF 28.93 FEET:
(2) THENCE S.89058'17"E.. A DISTANCE OF 660.2] FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26:
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2. S.02019'00"E.. A DISTANCE OF] ]58.95 FEET. TO
THE SOUTHEAST CORNER OF THE SAID WEST 112:
THENCE ALONG THE NORTH L!1'-1E OF THE EAST ]/2 OF THE SOUTHEAST ]/4 OF THE NORTHEAST ]/4
LESS THE EAST 30 FEET OF THE SOLTHERL Y 267.57 FEET OF SAID SECTION 26. S.89059'07"E.. A
DIST..\NCE OF 660.42 FEET. TO THE NORTHEAST CORJ\'ER OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SAlD SECTION 26:
THENCE ALONG THE EAST LINE OF THE SAID EAST 112 OF THE S01;THEAST 1/4 OF THE NORTHEAST ]/4
OF SAlD SECTION 26. S.02019'40"E.. A DlST A.NCE OF 1.070.29 FEET. TO THE NORTHEAST CORNER OF A 30
FOOT WIDE RIGHT-OF-WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK
642. PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY. N89059'47"W.. A
DISTANCE OF 30.02 FEET:
THENCE ALONG THE \VEST Lf'..'E Of THE ~AID 30 FOOT WIDE RIGHT-OF-WAY. S.020J 9'40"E., A DISTA.NCE
Of 267.57 FEET:
THENCE ALONG THE SOUTH Lf'.'E Of THE SAlD 30 FOOT WIDE RIGHT-OF-WAY. S.89059'57"E.. A
DIST.I\NCE OF 30.02 FEET. TO THE EAST )/4 CORNER OF SAID SECTION 26;
THENClO ALONG THE EAST LINe OF THE NORTH 1/2 OF THE EAST 1:2 OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECT10N 26. S02018'34"E.. A DISTANCE OF 668.96 FEET. TO THE SOUTHEAST
Application For Public. Hearing For PUD Rezone 6/14/04
EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF da Item No 8E
SECTION 26: ecember 12, 2 06
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.89059'40"W. A DISTANCE OF 660.57 FEET, Page 4 7 of 05
TO A POINT ON THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR. AS RECORDED IN PLAT
BOOK 22, PAGES 83 THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR. N.02018'18"W. A
DISTANCE OF 668.59 FEET. TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE
FOUR:
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND
ALONG THE WEST LINE OF THE EAST 112 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26. N.02020'55"W.. A DISTANCE OF 286.14 FEET:
THENCE N.89059'21 "W.. A DISTANCE OF 660.44 FEET:
THENCE N.02019'09"W.. A DISTANCE OF 432.04 FEET:
THENCE N.88049'41 "W.. A DlST ANCE OF 663.54 FEET:
THENCE S.02018'26"E.. A DlST ANCE OF 350.83 FEET:
THENCE S.89058'59"W. A DlSTANCE OF 658.43 FEET. TO A POINT ON THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 26:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 114 OF SAID SECTION 26. N.02017'02"W.. A
DIST ANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 114 OF SAID SECTION 26.
THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 26. N.89058'36"W.. A DISTANCE OF 528.56 FEET.
THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORlDA. N.02"16'I3"W. A DlSTANCE OF 1180.49 FEET. TO A POINT
LYING ON THE SOUTH RlGHT-OF-WAY. OF IMMOKALEE ROAD (COUNTY ROAD 846).
THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES:
(1) THENCE 5.89058'] 6"E.. A DISTANCE OF 196.59 FEET:
(2) THENCE S.00"01'44"W.. A DlSTANCE OF 21.00 FEET:
(3) THENCE S.89058'16"E.. A DlSTANCE OF 332.54 FEET. TO A POINT ON THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 26:
(4) THENCE N.020]7'02"W.. A DlSTANCE OF 28.91 FEET. TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN:
CONTAINING 138.3 ACRES. MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE. 1983
NORTH AMERICAN DATUM (1999) ADJUSTMENT.
Size >of DroDertv:
ft. X _ ft. = Total Sq. Ft. 6.024.348 Acres138.3
Address/!!"enerallocation of subiect nroDerty: The development property is located in the northwest
half of Section 26, Township 48 South. Ranae 26 East, approximately '12 mile east of the intersection
of Collier Boulevard {C.R. 951\ and Immokalee Rood (C.R. 846\.
PUD District (LDC 2.03.06): [8J Residential 0 Community Facilities
o Commercial 0 Industrial
ApplicatIon For Public Hearing For PUD Rezone 6/14/04
1',.",.,..
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Agenda Item No. 8E
F. "i'<''' ..~~~'~:r4~2~t~g~
Zoning
Land use
N PUD
S A. and PUD
Heritaae Bay PUD/DRL undevelooed lands & fill oit
Undevelooed lands and the develooed Crvstallake RV Resort
E A. Aariculture Undevelooed lands. Calusa Pines Golf Club
W A. CU. and PUD
Undevelooed PUD lands. and Golf Drivina Ranae
Does the owner of the subject property awn property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
SectionfTownship/Range ---'_1_
Lot:
Block:
Subdivision:_
Plat Book _ Page #: _ Property 1.0.#: _
Metes & Bounds Description: _
I
REtONE REQUEST
'::i '::'~i~:H;i;,: 'j ',_, : :t~~~,llt~~: :\~I
This application is requesting a rezone from the PUD & A zoning district(s) to the RPUD zoning district(s).
Present Use of the Property: Undevelooed lands and one sinale-family home and
accessory
structures
Proposed Use (Dr range of uses) of the property: A residential subdivision
Original PUD Name: Outdoor Resorts Ordinance No.: 2000-49
Application For Public Hearing For POO Rezone 6/14/04
Agenda Item No. 8E
ber12,2006
ge 49 of 205
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.B)
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
The proposed RPUD's consistency with the locational criteria set forth on the Future Land
Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan
(GMP), and consistency with the applicable Elements related to access, drainage, water,
sewer, and other utilities, combined with the development conditions and commitments
contained in the proposed RPUD document, gives reasonable assurance that all infrastructure
will be developed consistent with County regulations.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
The documents submitted with this Petition Application provide evidence of unified control.
Further, the proposed RPUD document makes appropriate provisions for continuing operation
and maintenance of common areas.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
Please refer to the Statement of Compliance located in the Summit Lakes RPUD Document.
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.
The RPUD Master Plan has been designed to optimize internal land use relationships through
the use of various forms of open space separation. Additionally, most external relationships
are automatically regulated by the Land Development Code to ensure harmonious
relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
The amount of usable open space set aside by this proposed project meets or exceeds the
provisions of the Land Development Code.
Application For Public Hearing For PUD Rezone 6/14/04
6.
Agenda Item No. 8E
The timing or sequence of development for the purpose of ossuring the adequacy Of.avQf6'iSrl=>mber -62, f006
improvements and facilities, both public and private. age::> 0 205
The timing and sequence of the permitting the proposed development coincides with the
programming of the County's proposed capital improvements to meet concurrency
requirements. Adequate improvements, utilities and other facilities can be provided.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards, and
capacity of roads is supportive of conditions emanating from urban development. Relative to
this Petition, development of the subj ect property is timely, because supporting infrastructure
are available, or will be in place by the time permitting of the proposed improvements is
complete.
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.
The development standards in the proposed RPUD document are similar to those standards
used for the residential structures and related improvements when compared to County
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 subiect propertv: To your knowledge, has a public hearing been held
on this property within the last year? DYes tgj No
If so, what was the nature of that hearing? _
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made and
the application is assigned a petition processing number. The application will be considered "closed"
when the petitioner withdraws the application through written notice or ceases to supply necessary
information to continue orocessing or otherwise actively oursue the rezoninq for a oeriod 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
1 determination of "sufficiency". Further review of the project will be subject to the then current code.
I (LDC Section 10.03.05.Q.)
I
App1i:;atioD For Public Hea:ing Fo; PUD Rezone 6/14104
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
Agenda Item No. 8E
December 12, 2006
Page 51 of 205
NAME OF APPLlCANT(S) Waterways Joint Venture V
ADDRESS 15122 Summit Place Circle CITY Nooles STATE EL-- ZIP341 19
TELEPHONE # (239) 352-6610 CELL # _ FAX # (239\ 352-1460
E.MAIL ADDRESS: radavenport@bellsouth.net
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): The development property is located in the northwest
half of Section 26. Townshio 48 South. Rance 26 East. approximatelY V2 mile east of the intersection
of Collier Boulevard (CR. 951 land Immokalee Road (C.R. 8461.
Section/Township/Range W~2Qf
Lot: _ Block: _ Subdivision:_
Plat Book _ Page #: _ Property I.D.#: 00192280000. 00192000002.
00192160007.00192320009.00192040004.00191920002.00192880002.
00192200006.00193080005.00192080006
Metes & Bounds Description: A PARCEL OF LAND LYING IN SECTION 26. TOWNSIDP 48 SOUTH. RANGE 26
EAST OF COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 26 EAST OF
COLLIER COUNTY. FLORIDA:
THENCE ALONG THE WEST LIJ'..'E OF THE NORTHEAST 114 OF SAID SECTION 26 S.02017'02"E.. A DISTANCE
OF 150.12 FEET. TO THE SOUTH RIGHT-OF-WAY OF IMMOKALEEROAD (COUNTY ROAD 846) AS
RECORDED IN OFFICIAL RECORDS BOOK 3188. PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED:
THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FIVE
(5) DESCRIBED COURSES:
(1) THENCE S.89058'17"E.. A DISTANCE OF 398.07 FEET:
(2) THENCE S.02017'42"E.. A DISTANCE OF 11.0J FEET:
(3) THENCE S.89058'17"E.. A DISTANCE OF 385.13 FEET:
(4) THENCE N.02017'42"W.. A DISTANCE OF 11.01 FEET:
(5) THENCE S.89058'17"E.. A DISTANCE OF 537.20 FEET. TO A POINT ON THE EAST LINE OF THE EAST 1/2
OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26:
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS
BOOK 3128. PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. THE
FOLLOWING TWO (2) DESCRIBED COURSES:
(1) THENCE S.020J 8'2} "E.. A DISTANCE OF 28.93 FEET:
(2) THENCE S89058'17"E.. A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 114 OF THE NORTHEAST 1/4 OF S/uD SECTION 26:
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2. S.02019'00"E.. A DISTANCE OF 1158.95 FEET. TO
THE SOUTHEAST COR."NER OF THE SAID WEST 1/2:
Application For PubHc Hearing For pun Rezon~ 6/14/04
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST . enda Item No. 8E
LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET OF SAID SECTION 26. S.89059'07"E. A ecember 12, 2006
DIST ANCE OF 660.42 FEET. TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST Page 52 of 205
1/4 OF SAID SECTlON 26:
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 26. S.02019'40"E.. A DISTANCE OF 1.070.29 FEET. TO THE NORTHEAST CORNER OF A 30
FOOT WIDE RIGHT-OF-WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK
642. PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF- WAY N89059'47"W.. A
DISTANCE OF 30.02 FEET:
THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY. S.02019'40"E.. A DISTANCE
OF 267.57 FEET:
THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RlGHT-OF-WA Y. S.89059'57"E.. A
DISTANCE OF 30.02 FEET. TO THE EAST 1/4 CORNER OF SAID SECTION 26:
THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 26. S.02018'34"E. A DISTANCE OF 668.96 FEET. TO THE SOUTHEAST
CORl'iER OF SAID NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 26:
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2. S.89059'40"W. A DISTANCE OF 660.57 FEET.
TO A POINT ON THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR. AS RECORDED IN PLAT
BOOK 22. PAGES 83 THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR. N.02018'18"W. A
DISTANCE OF 668.59 FEET. TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE
FOUR:
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND
ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 OF SAID
SECTION 26. N.02020'55"W.. A DISTANCE OF 286.14 FEET:
THENCE N.89059'21 "W.. A DISTANCE OF 660.44 FEET:
THENCE N.02019'09"W.. A DISTANCE OF 432.04 FEET:
THENCE N.88049'41 "W. A DISTANCE OF 663.54 FEET:
THENCE S.02018'26"E.. A DISTANCE OF 350.83 FEET:
THENCE S.89058'59"W.. A DIST.A.NCE OF 658.43 FEET. TO A POINT ON THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 26:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26. N.02017'02"W.. A
DIST A1\lCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 26.
THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTH\VEST
J/4 OF SAID SECTION 26. N.89058'36"W. A DISTANCE OF 528.56 FEET.
THENCE ALONG THE WEST LTJ\'E OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. N.02'16'J3"W.. A DISTANCE OF 1180.49 FEET. TO A POINT
LYING ON THE SOUTH RIGHT-OF-WAY. OF IMMOKALEE ROAD (COUNTY ROAD 846).
THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES:
(1) THENCE S.89058'16"E.. A DISTANCE OF 196.59 FEET:
(2) THENCE S.OooO 1 '44"W.. A DISTANCE OF 21.00 FEU.;
(3) THENCE S.8905R'16"E. A DISTANCE OF 332.54 FEET. TO A POTh! ON THE \\lEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 26:
(4) THENCE N.02017'02"W.. A DIST.A.NCE OF 28.91 FEET. TO THE POINT OF BEGINNING OF THE Pi,RCEL
DESCRIBED HEREIN:
CONTAINiNG 138.3 ACRES. MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE. 1983
KORTH AMERICA1\! DATlJM. (J 999) ADJUSTME\,T
AppiicatioD Fa:- Public Hearing For PUD Rezone 6/l4/04
~~ii:ji ,ii;~ 1~:.::!:.:!i:::' ';::;~;i'~~:;;~~:i!::':;,., 1f.iYPEO$'$EWAG:EPISP,oSA.L T() 'BE plioVI~1<:J;>... :;'i'
(Check applicable system):
Agenda Item No. 8E
ber 12, 2006
ge 53 of 205
COUNTY UTILITY SYSTEM rgj
a. CITY UTILITY SYSTEM D
b. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME_
d. PACKAGE TREATMENT PLANT D
(GPO capacity) _
e. SEPTIC SYSTEM D
:t:'::\!,:::[~ii:~'~:!::~~:::;i;l!i::i!:;:"' :,. J;"i::::::;::::'.;tlij~:}t;lf::~~l;E~":S~Jyj'c~'~t~::;:i:e':"P,~_O\jjD:~D' <'::~~:ii):j::~w::~:t]i:!jii
a. COUNTY UTILITY SYSTEM
b . CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME_
d. PRIVATE SYSTEM (WELL)
t8J
o
o
o
Tg:f,~t]~~BP,~~T~9NiQ~pj~~B~~~ 1.718 (747 units x 2.3 occuoants oer unit)
i~i!!;iiR~~~i~~ c9~i~yqg~ii~1
A. WATER-PEAK 686 GPM AVERAGE DAILY 395.140 GPD
B. SEWER-PEAK 686 GPM AVERAGE DAILY 395.140 GPD
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 4111 Quarter 2005
N~iRi]iy.~s]~fiM~~T: 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.
;".T. ': O:"_~!:. ~"""'" _ ",'" ..'. ,,,W""'!~''';-'"'''-:;;'' ''', '...."'-~. ..", "".... 'i':""" ..~"~"." '11F""'-'_"""";''''':''';';;'ii'~:I'' .:,"" "..~:...:: ".~_. '-:"'''';''~'' ..,.:
QQlL!!=cgCOlJl!i11'r.~J:ILIT,( P.~l>!!9!!!qN: SI~T~Mi~T: 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.
~T4t~M~NT 9f:~Y:A!t~~![!TiC~PAtiTI..f~QM gtHEj!~q~!R~~~: :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.
Application For Publio Hearing For PUD Rezone 6/14/04
(i)
2ND RE-5UBMITTAL
PUDZ-2003-AR-4988
PROJECT #2003110009
DATE: 8/11[05
KAY DESELEM
Agenda Item No. 8E
December 12, 2006
Page 54 of 205
AFFIDA VIT
L Richard Davenport, President of Waterways Development, Inc. as General Partner of
Waterways Hibiscus Ltd., which is a partner of Waterways Joint Venture V; being first duly
sworn, depose and say that Waterways Joint Venture V is the owner 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 my knowledge and belief 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 significantly altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted.
As property owner, and President of Waterways Development, Inc. as General Partner of
Waterways Hibiscus Ltd., which is a partner of Waterways Joint Venture V, I further authorize
Dwight Nadeau, Planning Manager of RWA, Inc., and Richard Yovanovich, Attorney, of
Goodlette, Coleman & Johnson to act as my representatives in any matters regarding this
Petition.
~-
Signature of Ploperty Owner
/
"R \ c..r.ar d -:bc1 VLh "f)t; r-t
Typed or Printed Name of
Property Owner
The foregoing instrument was acknowledged before me this ~"I day of Ac,-.)~ '
200~, by Q..c.ACJ,rd DCIUi'ryx'rI whoispersonallyknowntomeor aspr uced
as identification -
S~dAJ ~VU'" "
State of Flori J"
County of Collier
(Signature of Notary Public - State of
Floridaj
(Print, Type, or Stamp Commissioned
Name of Notary Publicj
STEPHANIE KEENEY
MY COMMISSION # DC 283174
EXPIRES: January 21. 2005
8ooa&d T:vu 'iotary PooIt: UnCXH\.,T!terli
COVENANT OF UNIFIED CONTROL
2ND RE-SUBMITTAL
PUDZ-2003~ Item No. 8E
PROJECT #i0es\tl\lUbee 12, 2006
DATE: 8/11/05 Page 55 of 205
KAY DESELEM
The undersigned do hereby swear or affirm that they are the property owner of record of property commonly known
as
Outdoor Resorts PUD (Folio #s 00192280000. 00192000002. 00192160007.00192320009.
00 I 92G40004. (0191920002) & Folio #s 00192880002.0192200006.00193080005 & 00192080006
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate Dwight Nadeau, Planning Manager, of RWA, Inc., and Richard Yovanovich, Attorney, of
Goodlette, Coleman & Johnson, legal representatives thereof, as the legal representatives of the property and as
such, these individuals are authorized to legally bind all owners of the property in the course of seeking the
necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents
to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the
site. These representatives will remain the only entity to authorize development activity on the property until such
time as a new or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
I. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply ,,"ith any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those tenus and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planned unit development and th ...county may stop ongoing construction activity until the project is brought
into compliance with all te , conditions and safeguards of the planned unit development.
~Zer
i
"R \ mar-r(1)QVen por-t-
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affirmed) and subscribed before me this ~ day of JI ~
, 200 S by
Q.i (~o.'fd t\ Qu ~ "POL-f
who is personally known to me or has produced
as identification.
~yJ!pDlffL
Nota Public ~cr
c"-!-eDhCini--e K~-i'Yl--e~/
(Name typed, printed or stamped)
STEPHANIE KEENEY
MY COMMISSION I DD 283174
EXPIRES: January 21, 2008
Bor4ed Thru Notary Plil6c Underwrtl:ers
(Serial Number, if any)
0:\2003103-0008.00 Waterways at Immokalee-Rezoningl0002 RezoninglCOVENANT OF UNIFIED CONTROL
Revised 7-21-05.doc
Agenda Hem No. 8E
I, ber 12, 2006
ge 56 of 205
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WT1H APPLlCA110N PACKET
No. of CODies
~24*
~24*
~24*
~1
~24
~1
1ZI 2*
~ 1*
~4
1ZI 5*
1ZI4
1ZI7
1ZI4
04
1ZI4
04
04
1ZI1
1ZI1
12J2
l2J
Check here if not reauired
Completed Application D
Pre-Application Meeting Notes D
legible Conceptual Site Plan 24" X 36" D
Conceptual Site Plan 8 Y2" X 11" D
PUD Document and Master Plan D
24" x 36" Master Plan D
Warranty Deed or Contract for Sale D
Owner/Agent Affidavit, signed & notarized D
Environmenlallmpact Statement or waiver D
Aerial Photos with Habitat Areas Identified D
Utility Provisions Statement with Sketches D
Traffic Impact Statement or waiver D
Historical Surveyor waiver D
Architectural Rendering of Proposed Structures l2J
Boundary Survey, no more than 6 months old (24" x36") 0
Copies of State and/or Federal Permits l2J
Affordable Housing Density Bonus Agreement, if applicable l2J
Electronic Copy of PUD Document & Plans 0
Copy of letter notifying the U.S. Postal Service of project 0
Addressing Checklist 0
Required Fees
* One additional copy required if for Affordable Housing
As the authorized agentJappIicant 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
Application For Public Hearing Fo: PUD Rezone 6/14/04
Agenda Item No. 8E
December 12, 2006
Page 57 of 205
RWA, Inc
6610 Willow Park Drive
Suite 200
Naples, Florida 34109
To Whom It May Concern:
Please be advised that authorization is hereby given to the ftrm of RW A, Inc., to act as agent in all actions
relating to the permitting of a residential land use on the following described lands:
See attached legal description.
BY: Waterways Joint Venture V
BY: Waterways at Hibiscus, Ltd., as General Partner
BY:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this -h- day of 1:. ry-f-en...J:u-;/' , 2005,
by Richard Davenport, President of Waterways Development Inc. as General Partner of Waterways at Hibiscus,
Ltd., as General Partner of Waterways Joint Venture V, who is personally known to me, and who did not take
an oath.
~~ a4~ j1 fte/Jl..u'\
NO ARY PUBLIC - )
NOTARY PUBLIC
Commission Number:
Witness my hand and seal
this b- day of..."\rp-l-r..n.....&.y, 2005.
I
STEPHANIE KEENEY
MY COMMISSION t 00 283174
EXPIRES: January 21, 2008
BClI'liId ThN NcIary PIilIlc UnOerwrtlefs
3RD RE-SUBMITTAL
PUDZ-2003-AR-4988
PROJECT #2003] 10009
DATE: 10/5/05
KAY DESELEM
0:\2003\03-0008.00 Waterways at lmmokalee-RczoninglO002 RezoninglAgent Letter 9-i3-05.doc
Agenda Item No. 8E
December 12, 2 06
Page 58 of 05
:"
f
'"Ie
Legal Description
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE WEST LThi'E OF THE NORTHEAST 1/4 OF SAID SECTION
26 S.02017'02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY
OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL
RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE SAID SOUTH RIGHT -OF- WAY THE FOLLOWING FIVE
(5) DESCRIBED COURSES:
(1) THENCE S.89058'17"E., A DISTANCE OF 398.07 FEET;
(2) THENCE S.02017'42"E., A DISTANCE OF 11.01 FEET;
(3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET;
(4) THENCE N.02017'42"W., A DISTANCE OF 11.01 FEET;
(5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE
EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 26;
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE
FOLLOWING TWO (2) DESCRIBED COURSES:
(1) THENCE S.02018'21 "E., A DISTANCE OF 28.93 FEET;
(2) THENCE S.89058'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A
DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID
WEST 1/2;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57
FEET OF SAID SECTION 26, S.89059'07"E., A DISTANCE OF 660.42 FEET, TO THE
NORTHEAST COR.l\ffiR OF THE SOL1HEAST 1/4 OF THE NORTHEAST 1/4 OF
SiuD SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTA.~CE
OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-
OF- WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS
BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-
WAY, N89059'47"W., A DISTAJ"JCE OF 30.02 FEET;
THENCE ALONG THE \VEST LINE OF THE SAID 30 FOOT VvlDE RIGHT -OF-
WAY, S.02019'40"E., A DISTANCE OF 267.57 FEET;
Agenda Item No 8E
December 12, 2 06
Page 59 of 05
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT.
Agenda Item No BE
December 12, 2 06
Page 60 of 05
COLLIER COUNTY UTILITY DEDICATION STATEMENT
I, Richard Davenport, President of Waterways Development, Inc. as General Partner of
Waterways Hibiscus Ltd., which is a partner of Waterways Joint Venture V, being first duly
sworn, depose and say that Waterways Joint Venture V agrees 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. Additionally, Waterways Joint Venture V, or successor
developer agree that the applicable syst= development charges and connection fees will be
paid to the County Utilities Division prior to the issuance of building permits by the County.
Finally, and if applicable, Waterways Joint Venture V, or successor developer agrees to
dedicate the appropriate utility easements for serving the water and sewer systems.
/J //
/ I:r??-,. C/ --'--t
,,/ /P',... .\
Richard Davenport, President of Waterways Development, Inc.
as General Partner of Waterways Hibiscus Ltd., which is a partner of
Waterways Joint Venture V.
/~/
The foregoing instrument was acknowledged before me this I G ,IOJ day of 6C"<OBl)~ ,
200~ by R;:1'C}-JRt:D D~fo,Jp.;,~ who is personally !mown to me or has produced
as identification.
State of Florida
County of Collier
c~
a)
r~~~,"'~~:1,k~fffsY'i
5 f!,(. E>cpIIW& 4'2112007 :
: 'I: Boncled \I'IlClJQh 5
1(8Q0.432-4254) FIOlida Notary ~!';..'.~,=~..J
......................................
Cr.1;:jO~ [X.lOO~ 1../F.NDft.:-r
(Print, Type, or Stamp Commissioned Name
of Notary Public)
-: ..JDZ-2003-AR-4988
PROJECT #2003110009
DATE: 11/4/03
KAY DESELEM
05/02/2004 22:55
5595724
ADDRESSING
Q4i 649 7056; Apr.20-04 13:40;
~nd~ Item No BE
?ag ~ ~ember 12, 2 06
Page 61 of 05
Sen~ sy: RWAj
ADDRESSING CHECKLIST .... .
Please complete the: following g aubmit to the Addreslll.ng Section for RtlVl~. Not a11,tMnc 'MIl apDh b;)
~ef'V moiecL ItemS in bold WOe are requiTed..
1. Lepl deacrlptlon of suhjoct property or properties (coP,f., of}e..'!t:Jhy. clacription may be attached) J 'orth Yo
of Section 26. Town&bin.,.s S.. hmlc 26 B. - Parcels to. 3. 7.11. 4.1. IS and 8 (Tn Mlltl3B126N / ~
:z.. Folio (Property ID) Ilumber(.) of above (auaen to. or Q8soaitJu w,rh, legal dacription ifmore tlu:l7l one)
00192280000 0019ZQ90001. 00192160007. 00192320009. 00192040004. 00191920002. 00192880 ~
Q1922()()()()6. OO1930800Q5,and 00\92080006 _,__
3. Street address or addresses (/'If Dppljctible, tfalready auigMd)
~ A Located on the South aide of lmmokalee Road. * mile east of Collier Blvd feR 951 ).
4. LOeatioJl map, showing exact l~ ofprojeetlsitc in relation to nearest public road right-of-.....ay ( rttach)
S. Copy of surv~ (N:BEDBD ONLY FOR UNPLA'ITED PROPERTIES)
6. Prop~ed project name (if applicable)
Summit l..skes
7. Proposed Strc:;ct names (if applicable) To be
determined . ...._
8. Site Development P1an Number (FOR EXISTING PROIBCI'SlSlTES ONt. Y)
SDP
9. htitiDtl. Type - (Complete a separate Addressing Checklist for each 'Petition Type)
DSDP (Site Development Plan.)
DSDP A (SDP Amc:c.dmcnt)
o SDPI (SDP InIublltaI11ial CMnge)
o S!P (Site Tmprov=lc:m Plan)
o SlPA (SIP Amendmertt)
o SNR (Street Name Changl:)
o VegetationlExotic (Vcg. Removal Permits)
kgJ Land Use Petition (VBriIUlCe, Conditional U&C,
Boat. Dock Ext., R.ezone, PUn re2Otle, etc.)
o Other - Describe:
10. .Proj=t or development names prDPOaed fur. or already appearing in, condominium docwneuta (if
applicable; iDdieate whl:rthcr proposed or existing) NI A
o
D
o
D
8
8
PPL (Plam; &; 'Plat Review)
PSP (Preliminary Subdivision Plat)
FP (Final Plat)
LLA (.Lot Line AdjtUtment)
BL (Blasting Permit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
VRSFP (Yeg. Removal &; Site Fill Pear it)
11. Please Checl: One: [8J Checklist is to be Faxad Back D Personally Picked Up
12. AppliWltName TrinitvCm,tdO!-SC(ltt/RWA,bc Pholle 649.1509 }f'ax M9-70S6
13. Signature on Addressing Check1ist docs not oonstitute Project and/or Street Name approval and is ~ oct to
fUrther review by the Addressing Section. .
FOR STAFF USE ONt y
PrimnryNWl:lber 4DO~
~...s Number. 3'1 q'=t
Address Number ~ I
Addrecs Number U-= '2:--
l..I;-ooS,
~OOb
40D9
4-DG.-D
_~ved by j)A"\""~
fY/...m;. r.v,.,.,
Date 4--2-'~O~:...
Revised 3-21-01
RE-SUBMITTAL
PUDZ-2003-AR-4988
PROJECT #2003110009
DATE: 7/7/04
](A Y DESELEM
,
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I
00192280000 MAR
Page 1 of 1
Agenda Item No BE
December 12, 2 06
Pa e 63 of 05
)etails
WATERWAYS JOINT VENTURE V
1441 DAVILA ST
NAPLES
State FL
Zip 34120 - 3942
Legal 264826 W1/2 OF NW1/4 OF
NE1/4 LESS RIW LESS ADDITIONAL
R/W IMMOKALEE RD DESC IN OR
3188 PG 1725
"For more than four IIn.. of Leg.1 D..crlptlon pl.... call the Prop.rty Appraise"s Office.
Section ~ Township Rang. Acres
26 48 26 17.67
Sub No. I 100 ACREAGE HEADER
-t~ 99 NON-AGRICULTURAL ACREAGE
Map No.
3B26
103
-t MillI9.t
12..7013
-t
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 2,208,750.00
(+) Improved Valu. $ 0.00
(= Market Value $ 2,208,750.00
(_) SOH Exem t Value $ 0.00
(=) Assessed Value $ 2,208,750.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 2,208,750.00
SOH II:. "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Data Book. PaRe Amount
09 I 2003 3.4O.lI...=..1It1.1. $ 8,290,000.00
10/2000 ~ $ 2,097,500.00
09/1996 2228 - 2338 $ 300,000.00
I~~'f';~"
The Information is Updated Weekly.
http://WW.\....collierappraiser.com/RecordDetail.asp?F olioID=OOOOOOO 192280000
8/27/2006
Details
Folio No.~ 00192000002 Miul
It.iiid~
Current Ownership
Property AddreBs~ NO SITE ADDRESS
Page 1 of 1
Agenda Item No BE
December 12, 2 06
Paqe 64 of 05
I
Owner Name WATERWAYS JOINT VENTURE V
Addresses 1441 DAVILA ST
City NAPLES
State FL
Zip 34120 - 3942
Legal 264826 E1/2 OF NW1/4 OF
NE1/4 LESS RIW LESS ADDITIONAL
RIW lMMOKALEE RD DESC IN OR
318B PG 1723
"For more than four line. of Legal D..criptlon plea.. call the Property Apprai.er's Office.
Sect; on
26
TownShip
4B
Acres
17.72
Map No.
3B26
Strap No.
482626 003.0003B26
Sub No.
-1'J~
100
99
I ACREAGE HEADER
NON-AGRICUL TURAL ACREAGE
-t Mlllaoe Area
103
-t MilllI1m
12.7013
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value S 2,215,000.00
(+)Improved Value S 0.00
(,,) Market Value S 2,215,000.00
H SOH Exempt Value S 0.00
(=) Assessed Value S 2.215.000.00
H Homestead and other Exempt Value S 0.00
(=) Taxable Value S 2,215.000.00
Book - Page
;l."lO~.4!i.U
~
Amount
S B,290,OOO.00
S 326,400.00
SOH = "Save Our Homes" exempt value due to cap on assessment Increases.
~"1<1'1i
The Information is Updated Weekly
http://www.collierappraiser.comlRecordDetail. asp?F olioID=OOOOOOO 192000002
8/27/2006
WATERWAYS JOINT VENTURE V
1441 DAVILA ST
NAPLES
Page 1 of 1
Agenda Item No 8E
December 12, 06
f 05
ueUUlS
MJm
State FL
Zip 34120.3942
Legal 2648 26 W1/2 OF SW1/4 OF
NE1/4 LESS REF PAR C OESC AS:
BEG AT SW CNR OF W1/2 OF SW1/4
OF NE1/4 N2DEG 17'20"W 362.58
'For moro than four linoo of Logol Description pleas. call the Property Appraiser'. Offlce.
Mlllaae Area
103
-tl~
12.7013
Section ~ Township Range Acres
26 48 26 14.49
Sub No. II 100 \ ACREAGE HEADER
-11~ 99 NON-AGRICULTURAL ACREAGE
Map No.
3B26
Strap No.
482626007.0003B26
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
$1,811,250.00
$0.00
$ 1,811,250.00
$ 0.00
$1,811,250.00
$ 0.00
(=) Taxable Value $ 1,811,250.00
SOH - "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Date
09 / 2003
10/2000
09/1996
Book - Page
~.o..8...,.2U..t
~
ill.8..:..2>>..8
Amount
$ 8,290,000.00
$ 2,097,500.00
$ 300,000.00
i_~';~
The Informalion is Updated Weekly.
http://v.'WW . co Uierappraiser .com/RecordDetail. asp?F olioID=OOOOOOO I 92160007
8/27/2006
Details
Folio No.1 00192320009 ~
~
Current Ownership
Property Add.....s 1078 CRYSTAL LAKE DR
Page 1 of 1
Agenda Item No BE
December 12,2 06
f 05
Owner Neme WATERWAYS JOINT VENTURE V
Address" 1441 DAVILA ST
City NAPLES
State FL
Zip 34120 - 3942
Legal 264826 E112 OF SW114 OF
NE114 LESS BEG AT SW CNR OF 10
112 OF SW114 OF NE1J4, N2DEG
17'SS'W 713.28FT, S88DEG 49'57
'For more than four lines of Legal DeSCription please call the Property Appraiser's Office.
Section
26
Township
48
Acres
o
Map No.
3B26
Strap No.
482626 011.0003B26
Sub No.
-1l~
100
10
I ACREAGE HEADER
VACANT COMMERCIAL
-1J Mlllaoe Area
103
1l~
12.7013
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 100.00
(+ Improved Value $ 0.00
(=) Market Value $ 100.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 100.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 100.00
SOH =- "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Date
08 J 2003
10 J 2000
091 2000
06 I 2000
'1111996
Book - Page
3~08~.28.11
/rr3D.:-39ll
2722 - 2950
z.R9..=n~
Zill...:..1J!M
Amount
$ 8,290,000.00
$ 2.097,500.00
$ 0.00
$ 239,300.00
$ 299,100.00
.~~j~.ij
The Information is Updated Weekly.
http://www.colli erappraiser.coffi/RecordDetail.asp?F 0 li oID=OOOOOOO 192 3 20009
8/27/2006
Folio No.1 00192040004 MlIJl.
Page 1 of 1
Agenda Item No BE
December 12, 2 06
f 05
Details
WATERWAYS JOINT VENTURE V
1441 DAVILA ST
NAPLES
State Fl
ZI 34120 - 3942
legal 264826 W112 OF SE114 OF
NE114 lESS BEG AT SE CNR OF W
1/2 OF SE1/4 OF NE1/4, N2DEG
19'4"W 267,62FT, N89DEG 59'S"W
<For more than four lines of Le9al Description ple.ee call the Properly Appral..~. Office,
Section
26
Township
48
Range
28
Acres
15.94
Strap No.
482626 004.0003B26
Sub No.
"tl~
100
99
ACREAGE HEADER
NON.AGRICUl TURAl ACREAGE
-t MiJl.I.Ia
12.7013
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
land Value $ 1,992,500.00
(+) Improved Value $ 0.00
(=) Market Value $ 1,992,SOO,OO
H SOH Exempt Value $ 0,00
{m Asseasad Value $ 1,992,500.00
H Homestaad and other Exempt Value $ 0.00
(=) Taxable Value $ 1,992,500.00
SOH ~ "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Date
09 I 2003
10 I 2000
07/1996
Book - Paga
3..'lQ_8..~-2!l1.1.
2nJI..:..3iJl
2203 - 1302
Amount
$ 8,290.000.00
$ 2,097,500.00
$ 100,000.00
i.~
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp ?F olioID=OOOOOOO 192040004
8/27/200(
Details
AgendcNJ:fehPAA,. 8E
December 12, 2006
Page 68 of 205
I
Folio No.11 00191920002 Mail
~~.
Current Ownership
Property Addressll NO SITE ADDRESS
Owner Name WA TERWA YS JOINT VENTURE V
Addresses 1441 DAVILA ST
City NAPLES
State FL
Zip 34120 - 3942
Legal126 48 26 N 80 % OF E112 OF
SE114 OF NE114 16 AC
Section Township Range Acres
26 48 26 16
Sub No. 100 I ACREAGE HEADER
"\'J~ 99 I NON-AGRICULTURAL ACREAGE
Map No.
3B26
Strap No.
482626 001.0003B26
103
-'O~
12.7013
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value $ 2,000,000.00 Data Book - Page Amount
(+) Improved Value $ 0.00 09 I 2003 3408 - 2611 $ 8,290,000.00
(=1 Market Value $ 2,000,000.00 10 I 2000 2I3,lt- 381 $ 475,000.00
(-) SOH Exempt Value $ 0.00 11 I 1999 26J!I..=liBl $ 350,000.00
(=) Assessed Value $ 2.000,000.00 I 10 I 1993 I ~ $ 0.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 2,000,000.00
SOH;:: "Save Our Homes" exempt value due to cap on assessment Increases.
~Iim..'\"'1~
The Information is Updated Weekly.
http://,,-'ww.coIIierappraiser.com/RecordDetai1.asp ?F olioID=OOOOOOO 191920002
8/27/2001
JIVlSlOn or corporatIons
Page 1 of 1
Partners
R~TRIl ~fD~C: n.Tr
Name & Address
Details
MiP.
Owner Name WA TERWA YS JOINT VENTURE V
Addresses 1441 DAVILA ST
NAPLES
State FL
264826 N 80 % OF E112 OF
SE1/4 OF NE1/4 16 AC
Acree
16
Section
26
Township
48
Sub No.
-'tJ~
100
99
ACREAGE HEADER
NON-AGRICUL rURAL ACREAGE
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 2,000,000.00
+) 1m roved Value $ 0.00
(_) Merket Value $ 2,000,000.00
l-l SOH E"empt Value $ 0.00
(_) Aaaesaed Velue $ 2,000,000.00
(_) Homestead and other Exempt Val $ 0.00
(=) Talt3ble Value $ 2,000,000.00
SO H = "Save Our Homes. exempt value due to cap on assessment increases..
Date
09 1 2003
10 I 2000
11/1999
10/1993
....
The Information is Updated Weekly.
Page 1 of 1
Agenda Item No BE
December 12, 2 06
Pa 69 f 05
Zl 34120.3942
Msp No.
3B26
Strap No.
482626 001.0003B26
-t
-t~
12.7013
103
Latest Sales History
Book. Pa e
3408 . 2611
2Ull.:...3.l!1
~i.Q
~
Amount
$ 8,290,000.00
$ 475,000.00
$ 350,000.00
$ 0.00
http://www.collierappraiser.com/RecordDetail.asp ?F olioID=OOOOOOO 191920002
8/27/2001
Details
Folio No.11 00192880002 ~
IIPMIfII
Current Ownership
Property Addressll 2339 WOODCREST DR
Page 1 of 1
Agenda Item No BE
December 12, 2 06
PelgB 70 ?f 05
Sub No.
-1J ~~
100
1
ACREAGE HEADER
SINGLE FAMILY RESIDENTIAL
-1l ~ru
103
~~
12.7013
WATERWAYS JOINT VENTURE V
1441 DAVILA ST
NAPLES
State FL
Zip 34120.3942
264826 S 20 PERCENT OF E112
OF SE114 OF NE1/4 LESS E 30 FT
Section
26
Township
48
Range
26
Acres
3.82
Map No.
3826
Strap No.
482626 015.0003826
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 477,500.00
(+) Improved Value $ 251,063.00
(a) Market Value $ 728,563.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 728,563.00
(-) Homestead and other Exem pt Value $ 0.00
(=) Taxable Value $ 728.563.00
SOH = "Save Our Homes. exempt value due to cap on assessment increases.
Latest Sales History
Book - Page
~
U&L0..23.87
Amount
$ 775,800.00
$111,000.00
i~~i~1i
The Information is Updated Weekly.
http://v;ww. CO lli erappraiser .comJRecordDetai1.asp?F olioID=OOOOOOO 192 8 8 0002
8/27/200.
UetallS
Folio No.1 00192200006 !!m1
-
Current Ownership
Property Addressll NO SITE ADDRESS
Page 1 of 1
Agenda Item No BE
December 12, 2 06
P:lgo 71 pf 05
Owner Name WATERWAYS JOINT VENTURE V
Add....... 1441 DAVILA ST
CI NAPLES
State FL
ZI 34120 .3942
264826 N1/2 OF E1/2 OF
NE1/4 OF SE1/4 10 AC OR 624
PG 1641
Section
26
Acres
10
Sub No.
--t~
100
99
ACREAGE HEADER
NON-AGRICULTURAL ACREAGE
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 1,250,000.00
(+) Improved Value $ 0.00
(.. Market Value $ 1,260,000.00
(-) SOH Exempt Value $ 0.00
(_) Asaasaed Value $ 1,250,000.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 1,250,000.00
SOH = .Save Our Homes" exempt value due to cap on assessment Increases.
I~.,;al
The Informalion is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp ?F olioID=OOOOOOO 192200006
Latest Sales History
Book - Page
Mi-4..:.1i9
~
Amount
$ 424,300.00
$ 150.000,00
8/27/2006
UeUUls
Folio No.ll 00193080005 ~
~~'.
Current Ownership
Property Adcl_n 9100 IMMOKAlEE RD
Page 1 of 1
Agenda Item No BE
December 12, 2 06
Page 72 of 05
I
WATERWAYS JOINT VENTURE V
1441 DAVILA ST
NAPLES
Slate Fl
Zip 34120.. 3942
Legal 264826 BEG N1/4 CNR OF SEC
2683 DEG E 1338.33FT, S89 DEG
W 528.52FT, N 3 DEG W 1338.46
,N 89DEG E 528.25FT, lESS RW
'For more than four linea of legal Description please call the Property Appraiser's Office.
Section Township Range Acres
26 48 26 14.14
Sub No. 100 I ACREAGE HEADER
-'tJ .l.!n.kQQll 38 IMPROVED COMMERCIAL
Map No.
3B26
Strap No.
482626 020.0003B26
~ Millage Area
103
-t~
12.7013
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
land Value $ 1,767,500.00
(+) Improved Velue $ 47,729.00
(=) Market Value $ 1,815,229.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 1.815,229.00
(..) Homestead a nd other Exam pt $ 0.00
(=) Taxable Value $ 1,815,229.00
SOH = "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Date Book - Palla Amount
04 / 2004 3.M8 . 6.11 $ 1,702,000.00
10/2003 ~A $ 0.00
09/1996 2228.1546 $ 195,000.00
1~1rJ."_"';;'~
The Information is Updated Weekly.
http://v.,rww.collierappraiser. comIRecordDetai1.asp?F olioID=OOOOOOO 193 080005
8/27/2006
Folio No.ll 00192080006 Mu
-
Current Ownership
Property Add....n NO SITE ADDRESS
Page 1 of 1
Agenda Item No BE
December 12, 2 06
PagQ 73 -pf 05
lJetalls
Owner Name WA TERWA VS JOINT VENTURE V
Addre..es 1441 DAVILA ST
CI NAPLES
State FL
Zi 34120 . 3942
Legal 264826 W112 OF NE1/4 OF
NE1/4 LESS RIW LESS ORDER OF
TAKING DESC IN OR 3292 PG 144
FURTHER DESC AS: COMM AT N1/4
"For more than four lines of Legal Description please call the Properly Apprel.e~. Office.
Section Township Range Acres
26 48 26 17.6
Sub No. 100 ACREAGE HEADER
"'bJJ.'~ 99 NON-AGRICULTURAL ACREAGE
2006 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 2,200,000.00
(+) Improved Value $ 0.00
_) Market Value $ 2,200,000.00
H SOH Exempt Value $ 0.00
(_) Assessed Value $ 2,200,000.00
(_) Homestead and other Exempt Value $ 0.00
1=) Taxable Value $ 2,200.000.00
SOH = "Save Our Homes" exempt value due to cap on assessment increases.
Latest Sales History
Date II
D4 / 2004 n
04/1973 n
Book. Palla II
~-=..m n
619-572 i
Amount I
$ 2,004,600.00 I
$0.00 I
Ii~
The Information is Updated Weekly.
http://wwvv .collierappraiser .comJRecordDetail.asp?F oliolD=OOOOOOO 1920 80006
8/27/2006
Page 1 of 1
Agenda Item No BE
December 12, 06
Page 74 of 05
)ivision of Corporations
General Partnership
W A TERW A YS JOINT VENTURE V
l441 DAVILA ST.
NAPLES, FL 34120
Document Number
GP03000018Il
FEI Number
NONE
Date Filed
09/11/2003
State
FL
Total Pages
0004
Pages in Original Filing
0004
Status
ACTIVE
Effective Date
NONE
Expiration Date
NONE
Current Partners
0003
Name History
NONE
No Filing History
No Authority Information
View Partners
NoN ame History Information
Cancellation Date
NONE
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Document Images
Listed below are the images available for this filing.
"GP0300001811 .- 09/11/2003.- RecistratioD
II
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
r,,, ': '~ :'" \ {. :-,', :::: ~ fl ,-~'. .~:
.' . ~
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~.
Page 1 of 1
Agenda Item No BE
December 12, 2 06
Page 75 of 05
JIVISIon ot corporauons
I Name & Address I FEI Charter
Number Number
\ BRIBe VENTURES. INC. IBlPOOOO0094621j
11004 S.W. 37TH MANOR
DAVIE, FL 33328
WATERWA YS AT HIBISCUS. LTD. B
\1860 WEST STATE ROAD 84, STE. B-15 AOIOOOOOl40S
DAVIE, FL 33325
DESN I. INC. B
3350 BRIDLE PATH LANE POloooosn97
DAVIE,FL3333\
Partners
TIDS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/genpart.exe?nl=GP03000018ll
8/27/2006
)ivision of Corporations
Page 1 of2
Agenda Item No. BE
December 12, 2006
Page 76 of 205
Florida Profit
BRIBRO VENTURES, INe.
PRINCIPAL ADDRESS
l5l22 SUMMIT PLACE CIRCLE
NAPLES FL 34119
Changed Ol/lO/2005
MAILING ADDRESS
Il004 SW 37TH MANOR
FORT LAUDERDALE FL 33328
Changed Ol/13/2003
Document Number
P0000009462I
FEI Number
651048816
Date Filed
10106/2000
State
FL
Status
ACTIVE
Effective Date
NONE
Name & Address
E.H.G. RESIDENT AGENTS. INC.
5100 TOWN CENTER CIRCLE
STE. 430
BOCA RATON FL 33486
Address Changed: 10/12/2001
Officer/Director Detail
DA VIE FL 33328
II Title I
c:J
Name & Address
SELIGMAN, BRIAN
11004 S.W. 37TH MANOR
Annual Re arts
Report Year II Filed Date
2004 II 0111312004
2005 II 01/10/2005
II
http://wv,w . sunbiz.org/ scri pts/ cordet. exe? a 1 = D ETFIL&n 1 = P00000094621 &n2= NAMF\VD&n3=OOOO&n4... 8/27/2006
2006 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# POO000094621
Entity Name: BRIBRO VENTURES, INC.
APr~~:~006 Agenda Item No. BE
Secretary of State December 12, 2006
Page 77 of 205
Current Principal Place of Business:
New Principal Place of Business:
15122 SUMMIT PLACE CIRCLE
NAPLES, FL 34119
Current Mailing Address:
11004 SoN 37TH MANOR
FORT LAUDERDALE, FL 33328
New Mailing Address:
FE! Number: 65-1048818
FE! Number Applied For ( )
FE! Number Not Appliceble ( I
Certlficele of StelUS Desnd ( I
Name and Address of Current Registered Agent:
Name and Address of New Registered Agent:
E.H.G. RESIDENT AGENTS, INC.
5100 TOWN CENTER CIRCLE
STE. 430
BOCA RATON, FL 33486 US
The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Date
E1eclion Cempalgn Financing Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
Title:
Name:
Address:
City-51-Zip:
PSD ( ) Delete
SELIGMAN. BRIAN
11004 S.W. 371H MANOR
DAVIE. FL 33328
TItle:
Name:
Ad,",,",
Clty-51.Zlp:
( ) Chenge ( ) Addition
I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter i 19.
Fiorida Statutes. \ further certify that the Information indicated on this report or supplemental report is true and accurate and that
my electronic signature shall have the same iegal effect as if made under oath; that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with an address, with all other like empowered.
SIGNATURE: BRIAN SELIGMAN
Electronic Signature of Signing Officer or Director
PSD
04/26/2006
Date
)ivision of Corporations
Page 1 of2
Agenda Item No. 8E
December 12, 2006
Page 78 of 205
~
Florida Limited Partnership
WATERWAYS AT HIBISCUS, LTD.
PRINCIPAL ADDRESS
II &60 W. STATE ROAD 84
SUITE B-l5
DAVIE FL 33325
MAILING ADDRESS
11860 W. STATE ROAD 84
SUITE B-15
DAVIE FL 33325
Document Number
AO 1 00000 1405
FEI Number
651150218
Date Filed
10/1812001
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
CANCEL ADM DISSIREV
Event Date Filed
10/3012003
Event Effective Date
NONE
Actual Contribution
20,000.00
Name & Address
E.H.G. RESIDENT AGENT. INC.
5100 TOWN CENTER CIRCLE
SL1TE 430
BOCA RATON FL 33486
General Partner Detail
Name & Address
I Document
Number
WATERWAYS DEVELOPMENT. INC.
11860 W. STATE ROAD 84, SUITEB-15
P95000095040
DA VIE FL 33325
http://www.sunbiz.org/scriptsJcordet.exe?al=DETFIL&nl=AO 1 00000 l405&n2=NA!\1FWD&n3=OOOO&n4... 8/27/2006
I Report Year II Filed Date I
I 2004 II 04123/2004 I
I 200S II 04/2 L/2005 I
I 2006 II 04/28/2006 I
Annual Reports
Page 2 of2
Agenda Item No. 8E
December 12, 2006
Page 79 of 205
)ivision of Corporations
~
-
,',;", ", " ,i ..... .. ..
:_C'l~~;\f~: I~,~".... ~'~~:
--
Yiew Events
No Name History Information
Document Images
Listed below are the images available for this filing.
04/2812006 ANNUAL REPORT
04/21/2005.. ANNUAL REPORT
04123/2004 - ANNUAL REPORT
10/30/2003 ANN REPIUNIFORM BUS REP
03/25/2002 -- COR - ANN REPIUNIFORM BUS REP
10/18/2001 - Domestic LP
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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2006 LIMITED PARTNERSHIP ANNUAL REPORT
DOCUMENT# AD1DOD001405
Entity Name: WATERWAYS AT HIBISCUS. LTD.
FILED
Apr 28,2006 Agenda Item No. BE
Secretary of State December 12, 2006
Page BO of 205
Current Principal Place of Business:
New Principal Place of Business:
11860 W STATE ROAD 84
SUITE B-15
DAVIE, FL 33325
Current Mailing Address:
New Mailing Address:
11860W. STATE ROAD 84
SUITE B-15
DAVIE, FL 33325
FE! Number: 65-1150218
FE! Number Applied For ( )
FEI Number Not AppBcable ( )
CenlficBle of Slstus Desired ( )
Name and Address of Current Registered Agent:
Name and Address of New Registered Agent:
E.H.G. RESIDENT AGENT, INC.
5iOO TOWN CENTER CIRCLE
SUITE 430
BOCA RATON. FL 33486 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Date
GENERAL. PARTNER INFORMATION:
ADDRESS CHANGES ONL. Y:
Dooument #:
Name:
Address:
Clly-Sl-Zlp:
P95000095CMO
WATERWAYS DEVEL.OPMENT. INC.
1186DW. STATE ROAD 84, SUITE 8-15
DAVIE. FL 33325
Address:
City-51-Zip:
I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated In Chapter 119,
Florida Statutes. I further certify that the information indicated on thiS report is true and accurate and that my electronic signature
shall have the same legal effect as if made under oath; that I am a General Partner of the limited partnership or the receiver or
trustee empowered to execute this report as reqUlfed by Chapter 620, Florida Statutes.
SIGNATURE: RICHARD A. DAVENPORT
Electronic Signature of Signing General Partner
P
04/28/2006
Date
Page 1 of2
Agenda Item No. BE
December 12, 2006
Page B1 of 205
)ivision of Corporations
Florida Profit
WATERWAYS DEVELOPMENT, INe,
PRINCIPAL ADDRESS
ll860 W STATE ROAD 84
B-l5
DAVIE FL 33325 US
Changed 05/07/2001
MAILING ADDRESS
ll860 W STATE ROAD 84
B-15
DAVIE FL 33325 US
Changed 05/07/200l
Document Number
P95000095040
FEI Number
650627342
Date Filed
12/12/1995
State
FL
Status
ACTIVE
Effective Date
12/08/1995
Name & Address
E.H.G. RESIDENT AGENTS,INC.
5100 TOWN CENTER CIRLCE
STE 430
BOCA RATON FL 33486
Name Chan8ed: 04/22/2003
Addre.. Changed. 04/2212003
OfficerfDirector Detail
Name & Address
GOLAN, AMNON
11860 W STATE RD 84 B-15
II Title I
c:J
LJ
\~
FORT LAUDERDALE FL 33325
GOLAN, DINA
1 \860W STATERD 84 B-15
FORT LAUDERDALE FL 33325
DAVENPORT. RICHARD
16335 MARlPOSA CIRCLE N.
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)iviSlOn or Corporations
MIAMI FL 33157
t~
Page 2 of2
Agenda Item No. BE
December 12, 2006
Page 82 of 205
PEMBROKE PINES FL 33331
DAVENPORT. J. STEVEN
1S065 SW 12 AVE.
Annual Re orts
Report Year II Filed Date
2004 II 04mI2004
2005 II 04/2112005
2006 II 04128/2006
~-
-::~~~J.4:r1
~
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
04/28/2006 - ANNUAL REPORT
04/21/2005 - ANNUAL REPORT
04123/2004 - ANNUAL REPORT
04/22/2003 -- ANN REPIUNIFORM BUS REP
04/18/2002 - COR - ANN REPIUNlFORM BUS REP
05/07/200 I -- ANN REPVNIFORM BUS REP
05/04/2000 -- ANN REPIUNIFORM BUS REP
02/24/1999 ANNUAL REPORT
0511211 998 - ANNUAL REPORT
05/02/1997 - ANNUAL REPOIIT
06/J 4/1996 -- 1996 ANNUAL REPQR T
THIS IS NOT OFFICIAL RECORD; SEE DOCUME!'.iS IF QL'ESTION OR CONFLICT
~'; ,:. '-~: 'E . ~~'~~~':< '_ ~.' I~~~~-' - ~':
..'. > . j
. ,~"~,' .',:", \ .',:,,':;~ .':.
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2006 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P95000095040
Entity Name: WATERWAYS DEVELOPMENT, INC.
FILED
Apr 28,2006 Agenda Item No. 8E
Secretary of State December 12, 2006
Page B3 of 205
Current Principal Place of BusIness:
New Principal Place of Business:
11860 W STATE ROAD 84
B-15
DAVIE, FL 33325 US
Current Mailing Address:
11860W STATE ROAD 84
&15
DAVIE, FL 33325 US
New Mailing Address:
FEI Number: 65~627342
FB Number Applied For ( l
FB Number Not Applicabl. ( )
Certlllcate of Status Desired ( )
Name and Address of Current Registered Agent:
E.H.G. RESIDENT AGENTS. INC.
5i 00 TOWN CENTER CIRLCE
STE 430
BOCA RATON. FL 33486 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both.
in the State of Florida.
Narne and Address of New Registered Agent:
SIGNATURE:
Electronic Signature of Registered Agent
Date
Election Campaign Fimlncing Trust Fund Conllibution ( ).
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
TItle:
Name:
Address:
Cily-S1.Zip:
os ( ) Delete
GOLAN. AMNON
11860 W STATE RD 84 6-15
FORT LAUDERDALE. FL 33325
TIlle:
Name:
Adcns,:
City-51-Zip:
( ) Change ( ) Addition
TItie:
Name:
Address:
City-S1-Zip:
o ( ) Deiete
GOLAN. DINA
11860 W STATE RD 84 6-15
FORT LAUDERDALE. FL 33325
TItle:
Name:
Address:
Clty-S1-Zip:
( ) cn.nge ( ) Addition
TIlle:
Name:
Address:
City-st-Zlp:
DP ( ) Delete
DAVENPORT, RICHARD
16335 MARIPOSA CIRCLE N.
PEMBROKE PINES. FL 33331
TIU.:
Name:
Addr.ss:
Clty-St-Zip:
( ) Chango ( ) Addlllon
TIlle:
Name:
Address:
Clty-st-Zip:
DAS ( ) Delete
DAVENPORT,J.STEVEN
18065 SoN 82 AVE.
MIAMI. FL 33157
TlUe:
Name:
Address:
City-51-Zip:
( ) Change ( ) Addition
I hereby certify that the Infonnation supplied with this filing does not qualify for the for the exemption stated in Chapter i 19,
Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that
my electronic signature shall have the same legal effect as if made under oath; that \ am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above. or on an attachment with an address, with all other like empowered.
SIGNATURE: RICHARD A. DAVENPORT
Electronic Signature of Signing Officer or Director
P
04/28/2006
Date
)ivision of Corporations
Page 1 of2
Agenda Item No BE
December 12, 2 06
Page B4 of 05
Florida Profit
DESN I, INe.
PRINCIPAL ADDRESS
3350 BRIDLE PATH LANE
WESTON FL 3333l
Changed 0 1 13 l/2002
MAILING ADDRESS
3350 BRIDLE PATH LANE
WESTON FL 3333l
Changed 0 l/3l 12002
Document Number
PO 1000087797
FEl Number
651135933
Date Filed
09/0612001
State
FL
Status
ACTIVE
Effective Date
NONE
Name & Address
E.H G. RESIDENT AGENTS. INC,
5JOOTOWN CENTER CIRCLE, SUITE 330
BOCA RATON FL 33486
Officer/Director Detail
Name & Address
II Title I
D
MILLER, ROBERT
3350 BRlDLE PATH LANE
WESTOJo; FL 3333 I
Annual Re arts
Report Year II Filed Date
2004 II 0411512004
2005 \ I 0411 912005
2006 \I 0412712006
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"IIJII_
'."..L ...,
(.i", ".... .. ::"" .
~;~J~I~~;~L~~\~~J
--
Page 2 of2
^ ~~nda Item No. BE
December 12, 2006
Page 85 of 205
JIVIS10n or Lorporauons
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
0412712006 ANNUAL REPORT
04/1912005 -- ANNUAL REPORT
04/1512004 ANNUAL REPORT
03/17/2003 - ANN REPfUNIFORM BUS REP
0113112002 - ANN REPIUNIFORM BUS REP
09/0612001 -- Domestic Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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2006 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P01 000087797
Entity Name: DESN t. INC.
A FkL7E~OD6 Agenda Item No. BE
secr~lary' of State December 12, 2006
Page 86 of 205
Current Principal Place of Business:
New Principal Place of Business:
3350 BRIDLE PATH LANE
WESTON, FL 33331
Current Mailing Address:
New Mailing Address:
3350 BRIDLE PATH LANE
WESTON, FL 33331
FEI Number: 65-1135933
FE! Number Appfied For ( )
FEI Number Not Appfioable ( I
Certltloet" of Stlllus D"slred ( )
Name and Address of Current Registered Agent:
E.H.G. RESIDENT AGENTS, INC.
5100 TOWN CENTER CIRCLE, SUITE 330
BOCA RATON, FL 33486 US
Name and Address of New Registered Agent:
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Date
Eleotion Campaign F"ot...mclng Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
litle:
Name:
Address:
C~y-St-Zip:
P ( ) Deiete
MILLER. ROBERT
3350 BRIDLE PATH LANE
WESTON. FL 33331
TItle:
Name:
Address:
City-Sl-Zip:
( ) Change ( ) Addition
t hereoy certify that the Information supplied with this filing does notquatify for the for the exemption stated in Chapter 119.
Florida Statutes. I further certify that the information Indicated on thiS report O' supplemental report IS true and accurate and that
my electronic signature shall have the same legal effect as If made under oath; tnat I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment wrth an address, with all other like empowered.
SIGNATURE: R08!::RT 8. MILLER
Electronic Signature of Signing Officer or Director
p
04/27/2006
Date
N ,. M Agenda Item No. BE
December 12, 2006
Page B7 of 205
:'i
AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land
Development Code, I did give notice by mail to the following property owners and or
condominium and civic associations whose members may be impacted by the proposed
land use changes at their current address as shown by the records of the Collier County
Property Appraiser of an application request for a rezoning, PUD amendment,
conditional use, variance or parking exemption, at least lO days prior to the scheduled
Public Information Meeting. The said notice contained the legal and or laymen's
description of the site property of proposed change and the time and place of a Public
Information Meeting. -
Per attached letters and or property owner's list which are hereby made a part of this
Affidavit of Compliance.
~
Planning Manager
RWA, Inc.
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me this () ;-4 day
of January, 2004 by Dwight Nadeau, Planning Manager for RW A, Inc., who is personally
--..-----.--oo-.--1dlowfnome-drool:llispr6TIt[ced----.---------.-------.---.as..identific:rtion:-
:'"'~:';:'~:':':""'.CASONDRAriOBBINsHEt.iDRy'i
: ' ~.. CommiSsicn .. 000205175 :
i . ~i EJCPires 4IZ11ZOO7 i
: ,~o<' Ba1ded through :
i (~~~) Florida NctIW'y ~~_j
.......-........................-
C~O~7~
(Signature of Notary Public) . ~
CQ;:;6I0D~ .06BO::rt0.,J Joo/o-.JDfdr/
(Print name of Notary Public)
NOTARY PUBLIC
ABJORNSON JR. DAVID & LILLIAN
4 LILY LN
THORNTON. NH 03223 6330
Agenda Item No. BE
December 12, 2006
Page BB of 205
ADAMS TRS, NANCY P
NANCY P ADAMS TRUST 7/22194
14960 COLLIER BLVD # 2051
NAPLES. FL 34119 7713
ADELH~lII!" PAUL
AD~LHELM. SHIRLEY
5060 VENTURA CT
NAPLES, FL 34109 3368
ANDERSON CO-TRS, DEANN M
AND~RSON CO-TRS, EDWARD W
THE DEANN M ANDERSON TRUST
UTD 5113196 OVERHILL DR
SAGINAW, MI 48609
ARSENAULT TRS, ALFRED & MARIE
UTO 1 0/14/96
1 4960 COLLI~R BLVD # 21 02
NAPLES. FL 34119 7713
AUSTIN TR. VALERIE K
V A,-ERIE K AUSTIN REVrrR
LITO 51B12000
21 33 CRYSTAL LAKE DR
NAPLES. FL 34119
BADTKE. DONALD J & SHIRLEY D
1005 SASSAFRAS LN
NILES. MI 49120 3024
BAKER, JAMES L
DDLORES V BAKER
"691 AMAN:JA LN
BONIT A SPRINGS. FL 34135 6047
BALINT. HOPEJ
STEPHEN J BALINT
6500 WAVERLY PARK
MOi'lROW, OH 451 S2 6491
BELYEA TR, BRINTON
BRINTON BELYEA REV,LIVrrR
UTD 1216199
92 WATERVIEW DR
NEWPORT NEWS. VA 23508 3129
BOESCH, ADOLPH A & STEFANIE
PO BOX 261 KING CROSS ESTATE
KING CITY ONTARIO
CANADA. L7B 1 A5
BOOTH. W ALTER G & MARILYN A
BOX 2B1
BURFORD ONTARIO
CANADA, NOE 1 AO
BOS. DAVID B & MILLICENT E
14960 COLLI~R 3LVD # 2097
NAPLES. F,- 34119 7713
BOUILLEZ. JAMES R & HELENJ
14960 COLLIER BLVD # 21 18
NAPLES, FL 34119 7713
BRETON, ARTHUR G & GAIL M
43 HOOKSETT RD
AUBURN. NH [;3032
BRODER. HOWARD & ELAINE
2017 MJDLANE S
SYOSSET, NY 1179' 9674
BROWN TR, ANNA C
ANNA C BROWN TRUST 411 Ql97
14960 COWER B~VD # 21 13
NAP:"ES, FL 34119 7713
BURNETT. RIOiARD ~ & B2TTY L
8245 DANBURY BLVD APT 204
NAPLES, FL 34120 1667
BUTLER TR, SHIRL-EY L
BUTLER TR, J T
SHIRLEY L BuTcER TRUST
'''--'um-037fs797-710-S BFiAD[j(jCKRt,-- ..- .-----.....
SPRINGFIELD, VA 22151 3016
BUTLER TR, SHIR,-EY L
BUTLER TR. J T
UTD 3/19197
7f05 BRADDOCI\RD _'_n.___ ..
SPRINGFlE,-D, VA 22151 3016
BUTL!:.R, CYNTHIA L
5204 BRADWOOD ST
SPRINGFI!:.LD, VA 22151 3521
CAPPIELLO, JOHN J
292 BANYAN BLVD
NAPLES. FL 34102 5165
CAPPIELLO, JOHN J
292 BANYAN 9LVD
NAPLES, FL 341025165
I::ARPENTER, ERLING E & JANET M
14960 COUJER BLVD #4124
NAPLES, FL 34119 n13
CORBO. D!:.3RA W,
5433 AIRoORT PUUING RD N #~12B
NAPLES, FL 34109 2004
CORWIN, JOHN K & JANJCE R
2620 CEN"T"ER COURT DR
WESTON, F_ 33332 1803
CRAIG. RII::HARD D & FRAN
Pc) BOX 899
EDW ARDS, ce::, B1632 0899
CRAZE, E L
8075 D=F~::,YSHIRE CT
DU:"'UTH. GA 30:197 5604
CRYST AL ~KE J01N-:- VEhIT..JRE
3000 IMMJKA~EE RD STE J
NAPL:::S, FL 34~ 10 '1444
CRYS, AL LAKE JOINT VENTUi'lE
3000 IMMDKALEE RD SE J
NAPL=:S, Fl 3411 J 1444
CRYST AlLAKE JOINT VENTUR"
3000 IMMOKAlEE RD STE J
NAPLES, FL 34110 1444
CRYSTAl LAKE PROPERTY
OWNERS ASSOC TWO INC
14960 COLUER BLVD # 4001
NAPLES, FL 34119 7713
Agenda Item No. BE
December 12 2006
CRYSTAl LAKE PROPERTY P ,
OWNERS ASSOC TWO INC age B9 of 205
14960 COLLIER BLVD # 4001
NAPLES, F~ 34119 7713
CRYST AlLAKE PROPERTY OWNERS
ASSOCIATION TWO INC
14960 COWER ElLVD #4001
NAPLES, FL 34119 7713
CRYST AlLAKE PROPERTY OWNERS
ASSOCIATION TWO INC
14960 COLLIER BLVD # 4001
NAPLES, FL 34119 7713
CRYSTAL LAKE PROPERTY OWNERS
ASSOCIA nON TWO, INC
14960 COLLIER BLVD # 4001
NAPLES, FL 34119 7713
CRYSTAl LAKE PROPERTY OWNERS
ASSOCIATION TWO INC
14960 COLLIER BLVD # 4001
NAPLES, FL 34119 7713
CRYSTAl LAKE PROPERTY OWNERS
ASSOCIATION TWO,INC
14960 COWER BLVD # 4001
NAPLES, FL 34119 7713
CRYSTAL LAKE PROPERTY OWNERS
ASSOCIATION TWO INC
14950 COLLIER ElL YO # 4001
NAPLES, FL 34119 7713
DOUGHERTY, LARRY L II. JANICE
24606 HAMPTON DR
PARK RAPIDS, MN 56470 4525
DUNLAP, THOMAS 0 II. CAROLYN M
4099 MAPLE WOODS DRW
SAGINAW, MI 48503 9307
EDWARDS, DAVID A & SANDRA KAY
1315 DUKANEWAY
BRIGHTON, MI 48114
FERGUSON, JOHN II. ROBERTA
PO BOX 726
CENTER CONWAY, NH 03613 0726
FERGUSON, KRIST AL
172 CORAL VINE DR
NAPLES, FL 34110 5716
FONDESSY, RICHARD & BRENDA
24288 W RESERVATION LINE RD
CURTICE, OH 43412 9888
FONDESSY, RICHARD II. BRENDA
24288 W RESERVATION LINE RD
CURTICE,OH 434129656
FORRER, JACK II. HELGA
POElOX164
VIRGIL ONTARIO
CANADA, LOS 1 TO
FRYE, DONALD L & NANCY E
160 COUNTY ROAD 951 # 4114
NAPLES, FL 34119 9709
GAlLAGH:,R, ANTHONY D & JOANN:, GARRETf. EDWARD S & ZELMA W
.9820 NW 15n-1ST 14950 COLLIER BLVD # 2103
PlANTATION, FL 33322 ~244 NAP:"ES, FL 34119 7713
--.-.-..--.--..--.-.----...---.-.- ------- ------ --..-------
- -- -. ---- ----~ - - -. -------- - ------ --- ----_.__._-~, - -. - -
GIAQUINTO, PHILIP M & KATHLEEN
13 OAKWOOD CT
CEDAR GROVE, NJ 07009 1639
GRAND LAND INITIATIVE NAP:"ES
C/O CALUSA PINES GOLF CLUB LLC
33 N DEARBORN ST STE 1610
CHICAGO,IL 60602 4076
GRIFFIN, LAWR:,NCE J
GRIFFIN, GERALDINE G
7707 N MIDDLEBELT RD
WESTLAND, MI 48185 2554
GRIFFIN, LAWR"NCE J
GRIFFIN, GERALDINE G
7707 N MIDOLEBEL T RD
WESTLAND, MI 48166 2554
GUZICKI, ROBERT J & OWN A
22~10 SILV:,R CR:,EK OR
TR:,NTON, MI 48163 523D
HABITAT FOR HUMANITY OF CC INC
11550 TAMIAMI TRL E
NAPLES, FL 34113 7906
HARRISON, CHRIS E & BRENDA 0
160 COUNTY ROAD 951 # 3167
NAPLES, FL 34119 9709
HART TR, DOROTHY K
L'TD 12117/97
Z209 STEPHAN LN
L::JUiSVILL:" KY 40214 1048
HEI.LRUNG, LARRY D & PATRICIA A
B243 HART LN
AlTON, IL 62002 7939
HORTON, BARBARA A
14960 COLLIER SLVD # 3180
NAPLES, FL 34119 77',3
HYSLOP TR, SARAH H
ITYF SARAH H HYSLOP RLTR
UTD 411191
14960 COLLIER BLVD * 2120
NAPLES, "l 34119 7713
JAGEE. ~ICHARD A & DONNA M
25925 EMERALD CIE
MATTAWAN, IVII 49071 7730
Agenda Item NolBE
December 12, 2 06
JERVAH. EICHARD N &CATHERINeRPge 90 of 05
ANGELA JERV AH
414 NORTH LAKE DR
WATERLOO ONTARIO I
CANADA, NOV 1 Y7
KANITZ, RONALD S & SUSAN
8810 MELINDA CT
MILAN, MI 48160 9744
KENNEDY, WILLIAM P & MARY LEE
2410 E GOLDEN OAKS DR
FAYETTEVILLE, AR 72703 6138
KERN, DONALD L & BARBARA A
4628 ROUTE 309
SCHNECKSVILLE, PA 18078 2421
KOLEGUE, KENT & AOBIN
2239 WOOD CREST DR
NAPLES, FL 34120
KOLEGUE, KENT & ROBIN
2339 WOODCAEST DR
NAPLES, "l 34120 3922.
KAla, JAMES F & CHRISTINE
48 WINDJAMMEA CT
TOMS RIVER, NJ 06753 2654
LABRADOR, ERNEST A & 6AR6ARA
14960 CO'-LIER BLVD # 21 15
NAPLES, FL 34119 7713
LABRADOR, ERNEST A & BARBAAA
160 COUNTY AOAD 951 # 2112
NAPLES, FL 34119 9709
LANGE, FRED J & LINDA A
207 DEAABORN 8 L VD
WATERLOO ONTARIO
CANADA, N2J4Y 3
LAWTON, ROSCOE S & ENID
69 CONCORD AVE N
KINGSTON, AI 02661
LEONARD, CARLTON & SCHARLENE
43761ST AVENW
NAPLES, FL 34119 2655
LEWIS, GERALD A & CAAOL A
160 COUNTY ROAD 951 # 2096
NAPLES, FL 34119 9709
UBERTY IN CHRIST MINISTRY
1102 N CALIFORNIA AVE
CHICAGO, IL 60622 3401
LUNSFORD TA, ROBERT J
LUNSFORD TA, DOAOTHY M
REV LIVING TRUS,
UTD 09120/95 275 CLEARVIEW LN
CAmENDEN, KY 41030 8411
MAACANGELO, GERALD M & DIANE C
MARCANGELO, MICHAEL G
486 COURTESY LN
DES PLAINES,IL 6OO1B 5510
MARTIN, CARL E & JUDITH E MC DANIEL. D:JNALC L
10313 WEST B50 S:JUTH PATRICAJ MC DANIEL
KNIGHTSTOWN, IN 46146 15519 E 550 NORTH RD
-.. ... ---..--..--.- '--"-- .--......----.--GEOR3E:rOWN..IL-S1 8466095..
MCCRAY, PATRICIA A
14950 COLLIER BLVD # 1037
NAPLES, FL 34119 7713
MEHAN, THOMAS R & MARY P
36 WEDGEWOOD DR
SARATOGA SPRINGS, NY 12866 2320
MERCHANT, SHERMAN L & SUSAN E
440 OUAIL RIDGE RD
HENRICO. NC 27842
MILLER., CLAUDE R & JOAN C
14960 COLLIER BLVD # 2100
NAPL::S, FL 34"9 7713
MIL.:.ER, JERRY L & SHIRLEY A
PO BOX 1S92
HENDEP,sONVILLC:, TN 37077 1692
MOSELE. RICHARD V & GC:RALDINE
5243 W WAAN:::R AVE
CHICAGO. IL 50641 '470
MULEPEN QUARRY CORP
PO BOX 4657
JACKSO"NILLE, FL 32201 4557
lEAL ,R, RICH A"" A
EIL=E'N P NC:"L TR
?:) B:)X ~Z16
03UNQiJiT, ME 039D7 1216
NcGR:, JOSEPH M & 'O<A.REN '_
1S0B8 SlLVERCREST ""
FENTON. MI 4843Cl 9153
ORDW" Y. ELWYN & NANCY J
~ 496C GOLUER BL va 1: 2136
NAPLES, FL 34"9 1713
OSBORN, EDWARD L
PO BOX 380784
BIRMINGHAM, Al 35238 0784
OUTDOOR RESORTS OF NAPLES INC
ATTN: DON LANCE
9132OCOBURG INDUSTRIAL WAY
COBURG, OR 97408 9492
OUTDOOR RESORTS OF NAPLES INC
% ATTN: DON LANCE
91320 COBURG INDUSTRIAL WAY
COBURG, OR 97408 9492
PERPICH TR, HAROLD J
PERPICH REV TRUST
UAD 1/22193
3011 UNDENWOOD DR
DEAR80RN, MI 48120 1311
PRUTER, DONALD E
PO BOX 67
PRINCETON, IA 52766 0067
ROMANS, DORIS L
14960 COWER BLVD ~ 2111
NAPLES, p~ 34119 7713
SCHOEN IAN, RICHARD C
SCHOEN IAN, WILLIE MAE
2091 CRYSTAL LAKE DR
.,.---.,NAPLES,FL-34119-..--.---------.
S"VIGNY, D FRANK
MARY M TWOM"Y
14960 COLLIER BLVD # 1043
NAPLES, FL 34119 7713
SMITH 111, RODERiCK
SMITH, PATRICIA T
250 PROSPECT AVE
NORT,", KINGSTOWN, RI 02852 5723
5T AHL, CHRISTINA E
5T ANLEY R=& THERESA M FOGG JR
6151 EVERETT ST
NAPLES, FL 34112 2929
OUTDOOR RESORTS OF NAPLES INC
% ATTN: DON LANCE
91320 COBURG INDUSTRIAL WAY
COBURG, OR 97406 9492
OUTDOOR RESORTS OF NAPLES INC
% ATTN: DON LANCe
91320 COBURG INDUSTRIAL WAY
COBURG, OR 97406 9462
PALATINE, JOHN Ii ARLENE G
223 W VICTORIA LN
ARLIN GTON HTS, II. 80005 37'57
PERRIN. THOMAS M &PHYLIS J
2908 MARSH LN
STONE MTN, GA 30087 4213
PRUTER, DONALD E & VICKIE A
PO BOX 67
PRINCETON, IA 52768 0067
RUSH, M SAMUEL Ii EVELYN M
3895 CLOTTS RD
COLUMBUS, OH 43230 1841
SCHULER, GERALD & RAMONA
401 E FULLER ST
CHENOA, IL 61726 1312
SHEEHAN, DONALD J
134210TH ST N
NAPLES, FL 34102 5206
SMITH, ROBERT l Ii MARLENE A
8655 LYNWODD LN
MEeOST A, MI 49332. 9055
STEVENS, DAVID W & SHEILP, K
14960 COLLIER BLVD # 1041
NAPL=:S, FL 34119 n13
Agenda Item No. BE
December 12, 2 06
OUTDOOR RESORTSOFNAPLES lfiIlage 91 of 05
% ATTN: DON LANCE
91320 COBURG INDUSTRIAL WAY
COBURG, OR 97408 9492
OUTDOOR RESORTS OF NAPLES INC
ATTN:DON LANCE
91320 COBURG INDUSTRIAL WAY
COBURG, OR 97408 9492
PANDER TR,RAYMOND C
RAYMOND C PANDER UVfTR
PANDER TR, PAULA J
PAULA J PANDER LlV TR 2/21/01 PO BOX
486
BOLIVAR, OH 44612 0488
PRUTER, DONALD E
PO BOX 67
PRINCETON, IA 52786 0067
PUTOFF, DON & MARILYN
PO BOX 66
CLAY CITY, IN 47841 0066
SALACIAK, JAMES S Ii MARIE A
14960 COLLIER BLVD # 1038
NAPLES, FL 34119 7713
SENG, FRED J Ii MARGARET M
772 RED BANK RD
WAYNESVILLE, NC 28766 6734
SIMS, RALPH C
ADAMS, SHIRLEY J
B3 MESSENGER LN
WILLlNGBORO, NJ 08046 2913
SNYDER,RONALD
SUVER, PAMELA
116 S SCIOTO ST
CIRCLEVILLE,OH 43113 1638
STINSON, GERALD E Ii LILLIAN P
4279 EGNER AVE NE
CEDAR SPRINGS, MI 49319 8611
SUcUV AN, ROBERT W & WILMA G
9970 OAKLEAF WAY
MC CORDSVI~E, IN 46055 9660
TEIGEt>;, BETTY S
PO BOX 425
~L TUS, OK 73522 0425
Agenda Item No. BE
December 12, 2006
TENPAS, RONALD L & PAIf'~ 92 of 205
2861 SHOREHAVEN CT
OSHKOSH, WI 54904 9472
TENPAS, RONALD T & PATRICIA A
2861 SHOREHA VEN CT
OSHKOSH, WI 54904 B472
THOMPSON, JAMES M & CECEUA J
1399 PIERCE BRK
SMETHPORT, PA 16749 5229
THOMPSON, JAMES M & CECELlA J
1399 PIERCE BRK
SMETHPORT, PA 16749 5229
V AN DAMME TR, CONNIE S
177 STATE HIGHWAY V
HOLlJSTER, MO 65672 4997
VANBLARCOM, LLOYD J & JANICE M
202 W pmSBURGH AVE
WILDWOOD CREST, N: 06260 1161
VOTAW, JAMES S & SHIRLEY B
101' HARPERS WAY
ANDERSON, SC 29621 3559
WAGNER, MARY H
1009 FOREST RD
P=RKASIE, PA 18944 3523
WANNAMAKER, WINIFRED K
174 WANNAMAKER TRL
SAINT MATTHEWS, SC 29135 9033
WAYNICK, QUINCY L & EDITH J
14960 COLLIER BLVD # 41 15
NAPLES, FL 34119 7713
WE~CH TR, MARGOT M
TAD 8/15/75
MARGOT M WELCH REVOCABLE TRUST
14960 COLLIER BLVD # 2129
NAPLES, FL 34119 7713
WILSON TR, JOANNE S
DECLARATION OF TRUST
UTD 04/1 1/92
68 HAWTHORN DR
ARCHBOLD,OH 43502 9467
_..._._..._---~.._-------,_. -_._....,._-"-~---,----_.._-. -"--..--.-----.-----.---.---
~
~
(i)
PUDZ-2003-AR Agenda Item No. BE
-49880ecember 12 2006
PROJECT #2003110009 Page 93 of 205
DATE: 11/4/03
KAY DESELEM
PRE-APPLICATION MEETING NOTES
o PUD Rezon~ PUD to PUD Rezone
Date: -:?- tq-D3 Time: 1: 30 Firm: 'R\J.JA E to.:l.5.llJ~t::a::'Ik.\<?-
Proj ect Name: Ol.n......-x-").-, i2.. R"E:SOI2-\S
Applicant Name: ~\.G\-'t=\ ~A.D1='7'o..l J
Owner Name:
Owner Address:
Phone: (..,4-'1 -l=5 CA
---
Phone:
Meeting Attendees: Planner: ~~ """:be:s=- F='1-t
~.~ qJ
. Submittal Requirements (refer to application for additional requirements)
'1.35 Cle- pun o.d.~:r\ ~€)O
ZZ Copies of the follo~li: . h~ <:.o"I.~ r..v-rllv>l1f"'
'bU. Completed Application .. t........ "".......-, _
'-Q Pre-application Meeting Notes c.u.rratl- ~up 9fO\J\ckc;,~ ~~. \JJ~ tv
~ Conceptual Site Plan 24X 36" and One 8 'l> X II" copy ~L . L ~J :; L .-4
l::Jj PUD document and Master Plan . \'IJ 5~ J>...1Ia.t.,","",," \Ov...M.~
Z Copies of the following: ~oho....
~ . Deeds/Legals & Survey .(ifbOundary of original POD is amended) .
~ List id=tifying Owner & all parties of corporation
............. t:;I Owner! Agent Affidavit signed & notarized
'fiI 1 copy of completed Addressing Checklist
4 Copies of the following:
--g;- Traffic Impact Statement (TIS)AfII ~
~-[0" Environmental Impact Statement ~~
'EJ Historical Surveyor waiver request Z CIIPIf..':J'
[;] Utility Provisions Statement w!sketches
~ Architectural rendering of proposed structures
~ Survey, signed & sealed
"8
~
~rC>\I ~~...du.;. c~ 2.::/ I l.o' j;l" b~5
~ ~"-~ I/V pvtJ /Jet: W1-1f;-/f./A !/v
fA-lleE t is/f/y{ SH)j,,4{,kS<
Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min s~aled 1" = 400'
One (1) Electronic version ofPUD docmnent in Word format
Fees: .............." . 0 .itS" VI? Ifl S I- et/I!?vv' I-""EE
Applicati;n Fee: t=J $3,000 + $25 per acre* ($2,500 amendment)
Data Conversion: "i;;1] $25 . 0 ($15 amendment)
o $300.00 Pre-application fee (to be credited toward application fee upon submittal).
o $500.00 Environmental Impact Stat=ent review fee
Fee Total $
*Feesto be paid after receipt of invoice from Planning Department:
Property Owner Notifications: $1.00 Non-certified; $3.00 Certified return receipt mail
Agenda Item NO~8E
December 12, 2 06
Page 94 of 05
Meeting Notes
- /11m:! +0 l!.J:-/l!rl/ ;;is_ /lvljic4-<f&- /fIEfAt!:V{A CA1/J1/Y r{7-t//'~~6""
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,R./;QJI/!/t/.,.:d1E#. 1/i/c(,l/~K //v FlY, O/V Aft/! oFF Jilt.:- _
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- ; rovrdp Do.- n"'r<^c.-f-,voZ ~or -1i.n frcf-::>;.e;:J d-rt>..(I\.....IIl.(> ;fe,,",
Cl-CCO;>1 "-,,,ifJ w~ 0.../ v ~-f-r:::J"-). S'T~ J,- e{l?~ C~~ (.u~e.,
old L .- lows / ~'~/re.j
Roa...J.. oJ /7ve",,;,...fj,
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PefJ\J1DW ~(jt;UG !/'oJfbQ.J...^.A:nnt-J ""?~E:T-L.u....l.D,A ~ .
G:ICurrentIPre-.".pp formslPUD pre-app.doc
Sent 81': RWA;
941 649 705e;
Feb-5.03 12:22;
Agenda Item No. BE
~e~ber 12, 2 06
Page 2/3 Page 95 of 05
B2/cis/2003 11:05
5535724
ADDRESSI~IG
ADDRESSING CHECKLIST . .
Pl~ complete the following.lm!! submit to the Addn:uing Se\nion fur Rt:view. Not all items wm ~lv to
evervmoiacl1:. Items in bold twe aTe recuircd.
1. LegsI deserlptloll cflmbjectpropc:rty orpropcrties (copy oflcngllry de;;criptiorI may beatrached) Nortb2i
ofSecncm 26. Townsbio 48 S.. R.am!c 26 E. - Parcels 10.3.7. 11. and 4 .
2- F'ol1o (Property ID) number(s:) of above (attac1l to, or Q.S3ociate with, legal description if'l1lOrT!: than aile)
QQ19228oooo, 00192()(){)()(}2. 001.92160007. 00192320009. 00192040004
3. Street addrel>il or ad.d.rcssc:s (as applicable, if already assigned)
NI ^ Locab::d on the South side ofJmrnokaIee Road V. mile east of Collier Blvd feR 951 ).
4. Location map, sh.owing exact location oiPro.Jec.l!&ite in T'Olm:ion to nearest public road rlgbt-of:.wa.y (attach)
5. Copycflml:"Vey(NEEDEtl ONLY FOR UNPLA'ITBDPROPERTmS) ,
6. Proposed project IlaII1e (if applicable)
Wll.torwavs..,.9n Inunol;a.lee ill wotkinl!' DI'Oiect title - final 'tlrO'iect m.m.. to be determined.
7. Proposoo Strcci names (if uppti=ble) To be d~=d
~. Site DeveJ(lpmcnt P'ian Number (FOR EXISTING PROJECTS/SITES ONt Y)
SDP -
9. PetItion Type - (Complete a separate Addressing Check:1ist for each Petilion Type)
DSDP (Site Development Plan)
B SDP A (SDP Amendment)
SDPI (SDJ? JnsubstaotiaJ Change)
o SIJ> (Site Improvement Plan)
o SJPA (SIP AmaIdmcnt)
o SNR (Street NllIIle Change)
o Vcget;rtionlExotic (\fez. R=Qya! Permits)
C8J Land Use Petition (V 14-ilUJ()e, Conditional Use,
Boat Dock Ext., Rezone, PUD rezone, etc.)
o Oth:::r- Describe:
10. Project or. development name. proposed for, or already appearing iT), condominium docUl:mmts (if
applic,gble; indicate whether proposed or existing) N/A
o l'PL (plans & Plat Review)
o PSP (preliminary Subdivision Plat)
o FP (FlnalPlat)
o LLA (Lot Line Adjustment)
o BL (Blasting P=nit)
B ROW(Righr~of-Way Pcnnit)
EX? (Excavation Petmit)
o VRSFP (Veg. Removal & Site Flll.Permii)
11. Please Check One: g) Checklist is to be Faxed Back '0 persoli.at.y Picked Up
12. ApplJcantNBmc NicoleGs8s8wav/RWA.Tnc PhODlI 649.1509 FlIX 649-7056
13, Signature on Addressing Checklist does not constitute proj eet and/or Street Name approval and is subject to
further review by the Addressing Section, .,
FOR STAFF USE ONLY
Primary Numb~ '-+-n 6 '11
Address Number U 0 0 J
Arld=Numlx:r U-DO'Z
AdtJress NUI'l1b~ UoD;S
Lfoo '1
Approved by
iLvJ
~CLm
Da1e ()1- OC,,- 03
keviset.l ",.21-01
<J
PRE-ApPLlCATION MEETING
SIGN IN SHEET
Agenda Item No. BE
December 12, 2006
Page 96 of 205
DUTDcoe. R~\.s
Project Name .
2-l9-03
Date of Meeting
-
Name
Representing Phone # E-mail Address
Kay Deselem
Current Planning (239) 21 ~2931 kaydeselem@colliergoY.net
,<-VCIfh /JJJ.e,.
:JJ; CAj~/AO )t" o~
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F:\?re-Apps\Copy of Pre,J.,pp sign in sheeLdo~
~y: RWAj
94i 649 7056;
Oct-14-03 12:09j
p~&vWa Item No. BE
December 12, 2 06
Page 97 of 05
ADDRESSTNG CHECKLIST
Please complete the following.l!llii submit to the Addressing Section for Review. Not all items will awlv to
every PrOiect. Items in bold tvDe are reauired.
1. Legal description of subject property or properties (copy~ of lengrhy descriprion may be attached) N01."tI:l, ~
of ~ection 26. Townshi:o 48 S.. Ransze 26 E. Parcels 10. 3.7. 11. 4. 1. 15 and 8 (I'ax Map 3'B126N & S)
2. FoHo (Property ID) number(l) of above (atlach ro, or (Waciate with, legal d~criptioi1. ifmore rhan one)
00192280000.00192000002.00192160007.00192320009.00192040004.00191920002.00192880002.
00192200006 ..
3. Street address or addresses (as applicable. if already assigned)
N/A Located on the South side offmmokaIeeRoad. ~ mile east of Collier Blvd (CR 951), _
4. Location map. showing exact location ofprojectlsite in relation to nearest public ~ad right-of-way (attach)
5. Copy ofs1JXVey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable) . ~ -f.a; f'u b o.....L
Waterwavs Villas PUD -- A-o JU- -{ ~AMe.. IUO-\ p,.~"e.d - 0",1 e r: Lt s.e-d . - 0 .
yub IS ou..:\t=oft. ~escr.-\ s o('~o:>..l'LE.S - A. MOTo~coP'c.M Cou.n-t-.-u Clu...b.
7. Proposed Street names (if applicable) To be determined ~
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP - .
9. Petition Type - (Complete a separate Addressing Checklist fOr each Petition Type)
DSDP (Site Development Plan)
o SOPA. (SDP Amendment)
o SDPl (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIPA (SIP Amendmont)
o SNR (Street Name Change).
o Vegetation/Exotic (Veg. Removal Permits)
[21 Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, Pun rezone, etc.)
o Other - Descnbe: '
10. Project or development names proposed for, or already appearing in, condominium doc;;uments (if
applicable; indicate whether proposed or existing) NI A
o PPL (plans & Plat &:view)
o PSP (Preliminary Subdivision Plat)
o FP (FinaiPlat)
o llA (Lot Line Adjustment)
o BL (Blasting Pennit)
o ROW (Right-of-Way Permit)
o EXP (Excavation Pcmnit)
o VRSFP (Veg. Removal & Site Fill Permit)
11, Please Check One: I2SI CheckliSt is to be Faxed Back 0 Personally Picked Up
12. Applicant Name Nicole GBS8awav I RW A. Inc Phone 649-1509 Fax 649-7056
13. Signature on Addressing CheCklist does not constitute Project and/or Street Name approval and is subject to
furtheueview by the Addressing Section. .
FOR STAFF USE ONLY
Primary Number -.i.J....c2.!2'i _
Address Number 4-0 0 I
Address Number 4-1'1 () :5 f)
Alidress Number u..oo9 Approved by .iLh.~ /JhX~Da1e 10- I ~ -03
400z
3'1 '1 '1
Revised 3..21.01 Ltc z..D
Y-Oo~
Agenda Item No. BE
December 12, 2006
Page 98 of 205
Summit Lakes, PUDZ-2003-AR-4988
List of Deviations
Deviation #1 seeks relief from LDC Section 10.02.03 to exempt multi-family/tovrohouse
buildings, intended to be sold in a fee simple manner, including each individual lot, from
the Site Development Plan (SDP) process. This deviation is appropriate given the
duplicative processes the LDC could require for this unique residential product. The
purpose of the SDP process and subdivision process is to ensure compliance with the
appropriate land development regulations, and consistency with the County's Growth
Manag=ent Plan. Given this project will be required to pursue a subdivision plat as set
forth in Section 10.02.04 of the Collier County Land Development Code, as stated in
Section 2.5.C. of the RPUD document, reviews for compliance with the LDC and
consistency with the GMP is assured.
2.5.C. The provisions of Chapter 10.02.03 of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts of land as provided in said
Division pri.or to the issuance of a building permit or other development order,
except in the case in which individual residential units within a multi~unit
building will be conveyed in a fee simple manner, including each individual lot.
Deviation from Section 10,02.03 of the LDC.
Deviation #2 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local
streets, and LDC Appendix B, Typical Street Section, B-4 and B-5 that requires 60 feet,
to allow 50 feet. A 50-foot right-of-way is permitted in this RPUD to provide for
flexibility in development design, subject to providing eas=ents. for required utilities
generally parallel to the right-of-way. This is a reasonable deviation that has been
implemented in subdivisions throughout the County, and does not compromise health,
.safety, and welfare issues related to civil engineering design.
2.7.A. All platted project streets shall have a minimum 50-foot right-of-way. A
deviation from Section 6.06.01(0) of the LDC for cul-de-sac and local streets,
and LDC Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet
of right-of-way (See Appendix "A", Typical Cross Sections, and Exhibit A,
RPUD Master Plan), The rights-of-way shall be private, and shall be classified as
local streets.
REV. 6
PUDZ-2003-AR-4988
PROJECT #2003110009
DATE: 7/18/06
KA Y DESELEM
P:\03~04\2003\030008.00.00 Waterways at Irnmokalee~Re2oning\OO02 Rezoning'Summit Lakes Deviations 7-7-06(c1ean).doc
Agenda Item No 8E
December 12, 2 06
Page 99 of 05
Deviation #3 seeks relief from Section ill, Exhibit "A", Design Requirements of
Subdivisions C.13.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance Number 2004-66, that requires tangents to
be provided between reverse curves on all streets. This RPUD will not require tangents
between reverse curves in order to provide greater imbdivision design flexibility. All
internal roads within the RPUD will be private, and have low posted speed limits, and
will have a curvilinear design that has been shown to act as traffic calming measures by
reducing local traffic speeds. Additionally, the flat terrain found on site does not warrant
the need for tangents. This is a reasonable deviation that has been applied throughout the
County, and does not comprise a risk to public health, safety and welfare.
2,7.C. Tangents between reverse curves are not required for any local street design in
this RPUD. A deviation from Section ill, Exhibit "A", Design Requirements of
Subdivisions C.13.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance Number 2004-66.
Deviation #4 seeks relief from Sub-section 5.03.02.B., that requires fence and wall
height to be measured from existing grade. Given the interface of the project's northern
water management impoundment grading, with the grading of Immokalee Road, that
project boundary will be filled and graded to hold storm water on the project site from a
25-year storm event prior to attenuation and eventual discharge. Thus the proposed
privacy/sound barrier wall would be constmcted on an improved grade.
Additionally,
Deviation' #5 seeks relief from Sub-section 5.03.02.C.1., that limits fence and wall
heights to six feet. Currently Immokalee Road is being improved to be a 6-lane arterial
roadway, that will carry a high volume of vehicular traffic. Given the intrusive nature of
the noise generated by such a high volume arterial roadway, it is appropriate to install an
effective sound barrier to diminish the noise affecting the residents of the subdivision.
Therefore, a privacy/sound barrier wall, no greater than eight feet, is intended to be
installed along the northern property boundary.
6.l2.B, Privacy/sound barrier wall height: Privacy/sound barrier walls are proposed on
the Immokalee Road project boundary. The wall is proposed to be located on top
of perimeter berming rather than on existing grade. Deviation from LDC
Sections 5.03.02.A.9. and 5.03.02.B. The privacy/sound barrier wall associated
with the Immokalee Road project boundary shall not exceed eight (8') feet.
Deviation from LDC Section 5.03.02.C.1.
Deviation #6 seeks relief from LDC Section 5.04,04.B.5.c., that functionally limits the
number of model homes to allow one model home for each variant of the residential
product proposed in the proj ect. 1n an effort to provide a vari ety of residence styles and
floor plans within the development, it is essential not to arbitrarily limit the opportunity
of a home buyer to see the creativity of the architecture proposed in a development. To
do so could result in monotonous tract housing reminiscent of the "new town" movement
2
P:\03-04\2003\030008.00.00 Waterways atlmmokaJee-Rezoning\OO02 RezoninglSurnmil Lakes Deviations 7-7-06(clean).doc
Agenda Item No BE
December 12, 2 06
Page 100 of 05
after the end of the World War II. Summit Lakes intends to have eight (8) different
models of townhouse floor plans, and eight (8) multi-family coach home floor plans.
This deviation is appropriate, and does not negatively affect the health and safety, nor
welfare of the future residents of the development. A reasonable limitation on the
number of models has been provided for in the RPUD Document
2.1 O.E. Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of Subsection 5.04.04.B.5.c, of the LDC. However, the Summit Lakes
RPUD may have one model home representing each type of residential product.
The number of model homes may exceed five, but shall not exceed a total of
sixteen. Deviation 3 from LDC Section 5.04.04.B.5.c. that limits the total
number of model homes in a single development to five.
3
P:\03-04'2003\03000S.00.00 Waterways allmmoklli.e-RezomnglOO02 RezoninglSummit Lakes Deviations 7-7-06(clean).doc
Agenda Item No BE
December 12, 2 06
Page 101 of 05
Excerpts from the
Traffic Impact Statement
Vanasse
Day tor
__ Item Nol.8E
ber12,206
e 102 of 05
I
.
ZONINGTRAFFIC IMPACT STATEMENT
SUMMIT LAKES
January 5, 2006
Immokalee Road & Wood crest Road
Collier County, Florida
Prepared By:
Vanasse & Daylor, LLP
PUDZ-2003-AR-4988 REV. 5
PROJECT #2003110009
DATE: 4/18/06
KAY DESELEM
12730 New Brittany Boulevard, Suite 600, fort Myers, florida 33907 T 239.437.460\ F 239.437.4636 w vanday.com
Prepared For:
Mr. Richard Davenport
14627 Collier Boulevard
Naples, Florida 34125
Job II 80914.02
I
Agenda Item No.lsE
December 12, 2~J06
Page 103 of 205
STATEMENT OF CERTIFICATION
I certify that this ZONING TRAFFIC IMPACT STATEMENT has been prepared by me or
under my immediate supervision and that I have experience and training in the field of Traffic
and Transportation Engineering.
Ernest R. Spradling P.E.
Florida Registration #61235
VanasseDaylor, LLP
12730 New Brittany Boulevard, Suite 600
Fort Myers, Florida 33907
(239) 437-4601
CoUaborators:
Reed Jarvi, P.E.
Nelson A. Galeano
Swarup Mukherjee
~~
ERNEST R. SPRADLING
JAN 0 5 2006
P,E.61235
Summit Lakes
Statement of Certification
Agenda Item No. 8E
December 12, 2006
Page 104 of 205
INTRODUCTION AND SUMMARY
Vanasse & Daylor, LLP (VanasseDaylor) is providing this Zoning Traffic Impact Statement for
the Summit Lakes site. The purpose of this study is to provide to the Collier County
Transportation Operations Review Department adequate information to assure tbat any traffic-
related problems are anticipated and that effective mitigation measures are identified as part of a
Rezoning request.
The proposed Summit Lakes will consist of up to 968 residential CondominiumJ Townhouse
dwelling units. Tbe project buildout is planned for the 2010 peak season. Exhibit 1 shows the
location of the Summit Lakes site.
Two different network scenarios were analyzed: Scenario 1 with the existing network syst=
which includes the committed roadway improv=ents and Scenario 2 is the second with a
collector network system which considers the expansion of a collector network of the Treefarm
Road east from Collier Boulevard to Woodcrest Road, and Woodcrest Road south from
ImmokaJee Road to Vanderbilt Beach Road Extension. Exhibit 2A shows the existing roadways
and Exhibit 2B shows Collector roadway network in the vicinity of the project.
The levels of service for all links in the area of the project for both scenarios will meet the level
of service standards computed by the AUIR Tables for the AM and PM Peak Hours with
Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for
this project.
The following improvements are required for Scenario 2:
Immokalee Road & Woodcrest Road intersection:
. Northbound approach
additional 100 feet long left lane
Vanderbilt Beach Road & Collier Boulevard intersection:
. Westbound approach
additional 25 feet long left lane
Immokalee Road & Directional-movement West Access:
. Westbound approach
. Eastbound approach
one left turn lane 210 feet long
one right turn lane 185 feet long
Summit Lakes
1:\Prolects\B09\B091 ~IT nff;cINovemberOS.update\B0914_ TISOO I.doc
Woodcrest Road & Full-movement Main Access:
. Northbound approach one left turn lane 170 feet long
Agenda Item NO'~8E
December 12, 2 06
Page 105 of 05
I
I
Scenario 2 requires the signalization of the Iromokalee Road & W oodcrest Road and the Collier
Boulevard & Treefarm Road intersection.
Exhibits 11 graphically present the improvements for Scenario 2.
The developer proposes to pay the appropriate Collier County Road Impact Fees. The developer
also proposes to construct the site-related improvements identified at the site accesses.
Summit ~kes
2
':IProjec<s\809\809I 4\T nffic\November05-update\80914_ TISOO I.doc
Agenda Item No BE
December 12, 2 06
Page 106 of 05
PROPOSED DEVELOPMENT
EXISTING AND PROPOSED LAND USE
The Summit Lakes site is located southeast of the Immokalee Road & Collier Boulevard
intersection west of W oodcrest Road on Immokalee Road.
The proposed project will consist of up to 968 residential Condominium! Townhouse dwelling
units. The proj ect buildout is planned for the 20 1 0 peak season. Exhibit 1 shows the location of
the Summit Lakes site.
AREA CONDITIONS
SITE ACCESSIBILITY
Area Roadway System
The existing roadway conditions for the area of the project were used to provide the base
Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project.
The roadway system inside the study area consists of the following arterial and maj or collector
roads and streets (see Exhibit 1):
Collier Boulevard (CR 951)
Collier Boulevard (CR 951) in the study area will be an arterial north-south six -lane divided
roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed
limit is posted at 45 mph.
Immokalee Road (CR 846)
Inm10kafee Road in the study area is an east-west four-lane and will be six-lane divided arterial
under county jurisdiction with a speed limit of 45 mph.
Summit Lakes
3
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Woodcrest Road
Agenda Item No BE
December 12, 2 06
Page 107 of 05
Woodcrest Road is currently a north-south two-lane two-way local road south of Immokalee
Road to Treefarm Road. It has a 30 mph speed limit and is under county jurisdiction. Woodcrest
Road is proposed to be part of a collector roadway network consisting of a Woodcrest Road,
Massey Road and Treefarm Road. It will be a two-lane collector road upon adoption of the
facility proposal.
Massey Road
Massey Road is currently a north-south two-lane two-way local road south of Treefarm Road &
Woodcrest Road intersection. It has a 30 mph speed limit and is under county jurisdiction.
Massey Road is proposed to be part of a collector roadway network consisting of a W oodcrest
Road, Massey Road and Treefarm Road. It will be a two-Jane collector road upon adoption of the
facility proposal.
Vanderbilt Beach Road Extension
Vanderbilt Beach Road Extension is under study for improvement into a east-west four-lane
divided roadway facility under county jurisdiction.
Committed Roadway Improvements
Roadway improvements are constructed in order to help alleviate current area road deficiencies
and to support future area development. For purposes of this study, knowing that a roadway
improvement is "committed" means that the characteristics of the higher-level facility may be
used in the reserve capacity estimates. Roadway improvements that are currently under
construction, or are scheduled to be constructed within the FY 2005 to FY 2007 time frame, were
considered to be committed improvements. These were identified in the Collier County
Transportation Improvement Plan Fiscal Year 2002/2003-2007/20l2. Exhibit 2A shows these
links in the study area, along with the studied existing intersections and proposed site accesses.
The committed improvements that could affect the area include:
Collier Boulevard:
* 6-lane expansion from Immokalee Road to Golden Gate Parkway beginning 2005; and
* 6-lane expansion from Golden Gate Boulevard to Green Boulevard beginning 2007.
Summit Lakes
4
1:\Projecu\809\B0914\Traffic\No\lemberOS-upd:ilte\80914_ TISOO \ .doc:
Immokalee Road:
* 6-lane expansion from US '" I to 1-75 in 2005;
* 6-lane east of 1-75 to CR 951 beginning 2006; and
* 6-lane east of CR 951 to east of Oil Well under construction.
Vanderbilt Beach Road Extension to Wilson Boulevard. Study underway.
Agenda Item No BE
December 12, 2 06
Page 1 DB of 05
Collector Network System
Considering the number of new developments around the Summit Lakes project (Calusa Pines,
Warm Springs, AI Schiffman, Elias Brothers, Bristol Pines, Habitat for Humanity, and others), a
collector network system should be taken in account. However, the collector network presently
has no committed improv=ents.
This collector network would consist of an expansion of the existing collector network of
Treefarm Boulevard east from Collier Boulevard to Woodcrest Road, and Woodcrest Road south
from Immokalee Road to Vanderbilt Beach Extension (See Exhibit 2B). This new collector
network is projected to provide an additional alternative for the motorists to avoid wishing using
the Collier Boulevard & Immokalee Road intersection from east-south and west-north travel
between Immokalee Road and Collier Boulevard. Additionally the northbound left turn
movement at the Collier Boulevard & Immokalee Road intersection could be alleviated if some
trips from Vanderbilt Beach Road Extension (Ave Maria University) to Immokalee Road west
can be taken the northbound left turn movement on Immokalee Road & W oodcrest Road
intersection.
Under these conditions two different scenarios are considered: One scenano uses only the
existing network with the committed improvements, a second scenario with the above-mentioned
collector network expansion with all neighboring future developments trip assigmnents as
background traffic excluding Summit Lake assignment.
TRAFFIC VOLUMES
VanasseDaylor preliminary reviewed available data and model projections to estimate
background and future traffic volumes for the study area. Preliminary revision included Collier
Countv 2010 Florida Standard Urban Transportation Model Structure (Collier 2010 FSUTMS),
Collier Countv Transportation Planning Department 2004 Traffic Count Report (Collier 2004
Summit Lakes
5
1:\ProlectS\809\8091~\Traffic\November{}S-updne\809 1<4_ TISOO1.doc
Agenda Item No BE
December 12, 2 06
Page 109 of 05
Counts), Florida Department of Transportation (FDOT) Florida Traffic Information 2004.
Florida Transportation Engineering, Inc. (FTE) collected AM and PM Peak Hours on turning
movement counts at the following intersections:
Immokalee Road & Collier Boulevard; and
Collier Boulevard & Vanderbilt Beach Road.
The applicable Peak Season Conversion Factor (0.98) was used to adjust the traffic counts.
Collier County Staff provided different 2010 FSUTMS models elaborated for Vanderbilt Beach
Road Extension Corridor Study. Appendix contains copies of the applicable data used. Exhibit
2B shows these links in the study area, along with the studied existing intersections and proposed
new roadways and site accesses. The projected average daily traffic was converted into turning
mov=ent volumes by using the FTE count approach percentages, which were then used for the
intersection capacity analyses. A planning analysis factor (K factor) of 0.092 for the peak season
weekday average daily traffic (pSW ADT) and a model output correction factor (MOCF) for the
FSUMTS models of 0.89 were used to convert the annual average daily traffic to a peak-hour
volume. Additionally, the directional factor (D factor) for each roadway segment allows
calculating the directional peak-hour volume used for each scenario and each intersection of this
report.
Background traffic volumes were developed from 2010 FSulMS model and the methodology
that used to calculate the Background traffic volumes, as a new collector roadway network study
carried out by VanasseDaylor are attached in Appendix. Table 1A and 1B presents the Annual
Daily Traffic (lillT) without and with the collector roadway network respectively.
TABLE 1A
PROJECTED TRAFFIC VOLUME IN ACT FOR SCENARIO I
ADT* D Factor
~OlOO 0.568
27500 0.6l0
2~lOO 0.540
lmmokalee Road E of Wood crest RO:il.d
lmmoka~ee Road W of Collier Boulevard
Collier Boulevard 5 of Immokalee Road
. MOCF=0.89; K rac<or=9.2%
Summit u.kes
6
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Agenda Item No. BE
December 12, 2006
Page 110 of 205
TABLE 18
PROJECTED TRAFFIC VOLUME IN ADT FOR SCENARIO 2
ADT" D Factor
39000 0.568
30000 0.630
19800 O~O
Immokalee Road E of Wooderest Road
Immok.alee Road W of Collier 80ulevard
Collier Boulevard S of Immok.alee Fload
. MOCF=0.89; K Factor=9.2%
The methodology used in this report is presented in the Appendix. The daily traffic without new
collector roadway network is presented in Exhibit 3A and Exhibit 3B presents the daily traffic
with collector roadway network.
The projected average daily traffic was converted into turning movement volumes by using the
FTE count approach percentages, which were then used for the intersection capacity analyses.
Two different traffic volume sets were considered into this study following the existing and
collector network alternatives. The existing network scenario included the traffic volumes
without diverted trips. The collector network scenario reflects the new travel patterns in term of
traffic volumes; therefore Woodcrest Road and Treefarm Road present traffic volumes, which
are diverted from the existing network scenario. Information resources and estimates are
included in the Appendix.
PROJECTED TRAFFIC
TRIP GENERATION
Consistent with the current policy of Collier County, project trip generation was based on the
ITE Trip Generation, in Edition. The following trip generation formulas were used, and the trips
generation results are shown in Table 2:
Multi-family (LU 230):
ADT: Ln (T) = 0.B5 Ln (X) + 2.55
AM Peak Hour: Ln (T) = 0.80 Ln (X) + 0.26
PM Peak Hour: Ln (T) = 0.82 Ln (X) + 0.32
Summit Lakes
7
1:\Projern\809\809Ioif\Traffic\No...emberOS.update\80'11 '4_ TISOO I.doc
TABLE 2
PROJECT TRIP GENERATION
Agenda Item No. BE
December 12, 2006
Page 111 of 205
~
AM Peak PM Peak
Srze Unit 6QI 1QgJ.;nm ~ ~ E= ~
Residential CondominiumrT ownhouse (LU 230):
Totals
968 DU ~,~20 317
968 4,420 3 17
5~ 263
54 263
387 259 128
387 259 128
TRIP DISTRIBUTION AND ASSIGNMENT
The pattern of site traffic distribution is based on locations of generators in the area surrounding
the project, and the existing and collector network scenarios. Table 3A and 3B present the
assumed distributions for each proposed scenario. Exhibit 4A and 4B graphically present the
same data.
TABLE3A
SITE-GENERATED TRIP DISTRIBUTION
FOR SCENARIO I
Roadway serment
Immokalee Road West of CR 951
Immokalee Road West of Directional West Access
lmmokalee Road East of Directional West Access
Immokalee Road East of Woodcrest Road
lmmokalee Road East of Wilson Boulevard
CR 951 South of Immokalee Road
CR 951 South of Vanderbilt Beach Road
CR 95 I South of Golden Gate Boulevard
TABLE 3B
SITE-GENERATED TRIP DISTRIBUTION
FOR SCENARIO 2
Roadmv sefITlent
Immokalee Road West of CR 951
Immokalee Road West of Directional West Access
lmmokalee Road East of Directional West Access
lmmokalee Road East of Woodcre.st Road
Immokalee Road East of WHs::m Boulevard
CR 951 South of Immokalee Road
CR 951 South of T reefarm Boulevard
CR 951 50uth ofVanderb"llt Beach Road
CR 951 South of Golden Gate Boulevard
Summit Lakes
T raffle
Distribution
%
35%
90%
10%
10%
5%
50%
25%
20%
TraffiC
Distribution
w
~
35%
35%
10%
10%
S%
0"'
'0
15%
25%
20%
B
t:\Proiecu\809\809 1 4\iraHic\NovemberOS-update\B09 1.01_ TISOO l,doc
Agenda Item No. BE
December 12, 2006
Page 112 of 205
Exhibits SA and 6A present the proposed entering and exiting traffic in the AM and PM Peak
Hours for the Project Access Points on Immokalee Road., Full-movement Main Access on
Woodcrest Road and Irnmokalee Road & Woodcrest Road intersections for Scenario 1. Exhibits
5B and 6B present the same information for Scenario 2.
cE
SIGNIF1CAN"t:, TEST ANALYSES
<
According to Collier County Land Development Code (LDC) Section 6.02.02
"M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development
project will be considered significant:
1. On those roadway segments directly accessed by the project where project traffic Is equal to or
greater than 3% of the adopted LOS standard service volume;
2. For those roadway segments immediately adjacent to segments which are directly accessed by
the project where project traffic is greater than or equal to 3% of the adopted LOS standard
service volume; or
3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS
standard service volume.
Once traffic from a development has been shown to be less than significant on any segments using
the above standards, the development's impact is not required to be analyzed further on any
additional segments."
In other words, a project will have a significant and adverse impact on a state or regionally
significant roadway only if both of the following criteria are met: (l) the project will utilize 3
percent or more of the maximum peak hour service volume at the adopted level of service
standard for the adjacent and next to adjacent link, 5 percent for the other links; and (2) the
roadway is proj ected to operate below the adopted level of service standard.
Significance was estimated according to Collier County's 3/3/5 rule, and the links were
evaluated to determine whether projected operation would be within County standards. The data
resources used for this analysis are shown in Appendix. Table 4A presents the projected Peak
Hour Link Volumes and the analytical results for existing Scenario!. Table 4B presents the
projected Peak Hour Link Volumes and the analytical results for Scenario 2.
S.ummit Lakes
9
1:\Projects\B09\B0914\T raffk\NovemberOS.update\809 104_ TISOO I.doc
TABLE4A
SIGNIFICANCE TEST
FOR SCENARIO 1
AM PEAK HOUR PM PEAK HOUR
AM Peak Prolect PMPuk Project
p... AUIR
ROADWAY Oir, Proje.ct Tr:afficas X Prolect TrafFic:u X.
LOSS",
T..!Iic ofLOSStd Trafl'ic of LOS Std
WB nso 92 2.8% ~S I.~%
Immokalee Road Wf!!St of Cf.. 951 E8 3250 Il 0.6% 91 2.8%
WB 37'J0 237 6.3% 115 3.0%
Immokalee Road Wen of Directional West Acren EB 3790 207 5.5"
~l 1.1%
WB 3790 2~2 '.4% ,~, 3.7"
Immok3,lee ~oad East of Directional West Access
EB 3790 B 0.2% ~ 0.1"
Immokalee ~oad bst: of Right In! Rilht-Out East Access WB 3790 2~2 U" ,., 3.7"
EB 3790 18 0.5% 9 0.2'-"
we 37'JO 5 O.r,. 26 0.7'1<
Immok:J,lee R03d East ofWoodCl'"l!5t Road
E8 3790 26 0.7% 13 OJ"
CR 951 South of Immok:ltH Road sa 3300 132 4.0" M 1.9%
NB 3300 27 0.8% 130 3.9%
SB 3300 66 2.0% 52 1.0%
C~ 951 South of Vanderbllt Beach Road
N8 3300 I< 0."% 65 2.0%
V:anderbllt Beach J:load West of CR ~51 WB 3600 53 1.5% 26 0.7'1<
EB 3600 " 0.3% 52 I.~%
TABLE4B
SIGNIFICANCE TEST
FOR SCENARIO ::z
AM PEAK HOUR PM PEAK HOUR
AM Peak Project PM Peale Project
P... AUIR
ROADWAY Project TrafJic:a~ " Project T"dfi::as %
Dir. LOSS,d
Tnl'ffic orL.OS Std TraffIC 01 LOS St<
lmmokilee RO'iId WeJ:t of CR 951 WB 3250 92 1.8% .5 1..%
EB 3250 19 0.6% 91 2.8%
Imrno~le~ Road West of Direaional West Acces3 we 3790 91 2.% .5 1.2%
EB 3790 I. 0..% 65 1.7'1<
Immok:al~ P.oad b.sr of Directional WeSt Access WB 3790 97 1.6% 71 I.""
EB 3790 8 0.2% ~ O,l"'a
Immokalee Road E2st of Right.in/ R.ight-Out Eut. Access we 3790 97 2.6% 71 1.9~
EB 3790 IB 0.5% 9 0.2"
Immokalee Road East of Woodcrest Road we 3790 5 0.1% 26 0.7%
EB 3790 26 0.7% 13 0.3%
CR 951 South of lmmolcalee Road se 3300 0 O.D''' 0 0.0%
NB 3300 0 0.0% 0 0.0-4
CR 951 South of TreefOlrm Doull!'iilrd se 3300 39 1.2'% 19 O.6~
NB 3300 B C,.1% 39 1.2"
CR 951 South of Vanderbilt BeOIcn Road 5B 3300 26 O.S% IJ 0.4%
NB 3300 5 0.1% 26 O.B%
Y:mderbWt Beach Road Wen 0' CR 905 I WB 3600 13 o.~~ 6 0.2%
E' J600 3 0.1% IJ O~~
Agenda Item No. BE
December 12, 2006
Page 113 of 205
The Scenario 1 analysis shows that the roadway links on Immokalee Road between Collier
Boulevard and the site access and from site access to Woodcrest Road and on Collier Boulevard
south of Immokalee Road are projected to have site-generated trip volumes greater than 3
percent of the SFmax during the A.\1 and PM Peak Hours. For the collector roadway network
Summit Lakes
10
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Agenda Item No. 8E
December 12, 2006
Page 114 of 205
Scenario 2, none of the roadway segment is projected to have site-generated trips volumes
greater that 3 percent of the SF max during the AM and PM Peak Hours. In another words the
Summit Lakes development is projected to have no significant impact in Scenario 2.
PROJECTED BACKGROUND AND TOTAL TRAFFIC
VOLUMES
Background traffic volumes were developed using the 20 1 0 Vanderbilt Beach Road Extension
Corridor Study FSUTMS model. Table 5 contains the calculation of the growth rates. Some
inconsistencies were detected with the growth rates. For example, the 8% growth rates projection
on Immokalee Road east of CR 951 is unsustainable. A more reasonable average growth rate of
5% was used to estimate 2010 peak hour traffic.
TABLE 5
GROWTH RATES
Location
Immokalee Road East of Collier Boulevard
Immokalee Road West of Collier Boulevard
Collier Boulevard South of \mmok.lee Road
ADT Growth
200'1 2010 rate
23,363 40,047 8,0%
27,431 33,751 3,0%
21,796 22.483 M%
2010,""", f'5VTM$
The projected average daily traffic was converted into turning mov=ent volumes by means of
approach turning movement proportions based on turning movement count data. Table 5 show
the projected directional fu\1 and PM Peak Hour link background traffic volumes for both
scenanos.
Different projected background traffic for each scenario should be calculated in order to consider
the effects on the congestion for the new collector roadway network. Existing (Scenario l)
background traffic differs from collector network (Scenario 2) background traffic; not only
because of the new collector network but also it includes assigned traffic of the neighboring
future developments.
Exhibits 7A and 8A present the AM and PM Peak Hour background traffic in Scenario land
Exhibits 7B and 8B presents the AM and PM Peak Hour background traffic with Scenario 2.
Summit Lakes
11
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Agenda Item No. 8E
December 12, 2006
Page 115 of 205
The AM background traffic is the reciprocal PM background traffic. These volumes were used
into the intersection analysis presented else where in this report. The Appendix contains copies
of the applicable data used. Same procedure was performed for the Total Traffic.
TABLE 6
Directional AM & PM Peak Hour Projected 20 I 0 Background traffic
AM PEAK HOUR PM PEAK HOUR
Pea. Existinl CoIlocrnr Existing Collector
RomWAY Dir. Network NetWOrk
Scenario Scenario Scenario ScenarIo
WB 1070 2060 1~53 1570
Immoblee Jl,.oad West of CR 9S t
E8 1<53 1570 1070 2060
WB 2093 t9B5 1609 12<0
lmmokal~ Road West of Direction:.1 West Ac.ce.u
EB 1609 12~0 2093 1985
WB 2093 1985 16O'J 12~0
Immolalee ~o:illd Cst of Directional West Access
E8 1609 12~0 2093 1985
WB 2093 21<0 16O'J 1<60
Immokalee Road East of Woodcres1 Road E8 1609 21~0
1~60 2093
58 1117 930 1135 t285
C~ 95 I South of ~mmolalee- Road
N8 1135 12B5 1117 930
CR 951 South of Vanderbilt ~ Road 58 1031 1130 746 1035
N8 7~6 1035 1031 1130
WB 3" 385 56B 595
Vanderbilt Bead1 Road West of CR 9S I
E8 568 595 344 385
ANAL YSES
CAPACITY AND LEVEL OF SERVICE
The directional split of new trips was applied to the site-generated traffic volumes to determine
the site-generated vehicle trips assignment. The site-generated vehicle-trip assignments were
added to the background traffic-volume networks to determine the Build-out traffic volume
conditions,
Link Analyses
The Performance Standard Maximum Service Flowrates (SFmax) for Immokalee Road and Collier
Boulevard were provided by the Collier County Transportation Planning Department with the
Concurrency Segment data. Copies of these data are contained in Appendix.
Exhibit 7 A and 8A show the AM and PM Peak Hour Projected Background Traffic as a result of
projecting the traffic counts with the calculated traffic volumes for existing Scenario 1. Exhibit
Summit Lakes
12
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Agenda Item No. BE
December 12, 2006
Page 116 of 205
7B and 8B show the same infonnation for Scenario 2. Exhibits 9A and lOA show the 2010 Total
AM and PM Peak Hour Traffic for Scenario 1. Exhibits 9B and lOB show the 2010 Total AM
and PM Peak Hour Traffic for Scenario 2. Tables 7A and 7B present the link analysis results for
existing and future scenario respectively. The studied links are projected to be within the
performance standard SF mw; for each link.
TABLE7A
Link LOS Analysis
FOR SCEANRIO I
AM PEAK HOUR
~
W/lnSF-.x'
1'iI..IlsuILlll~ 5ll<. IQIAL 51.... WiIUlC =t.L l\Eltl:M
WlI 1070 '2 1162 32.50 Y Y
EI
WlI 2093 237 mo ]790 y 146Q
EB
WB 2093 2<1 2m 379Q 1~55
EB
W/ln SF MU"
fk.l:ImItJlIL.~ SIlt.. IQIAL SI'... WiIUlC IQIAI.
wa
Ea 1070 ., 1161 32.50 Y
WB
EB 2093 207 2300 mo y 14'0
WB
EB 2093 2097 )790 y 1693
Immoblee !\old Ww of Colier loulP&rCl
lmmo~ RDld W..r. af 0trecd0n&I W.st Acc:an
knmokalee fl.oacl Eut of Di..-e1Jon'll West "ceell
PM PEAK HOUR
~
kmnobMe. P.oad Wilt cf Collier &ou..,.rd
ImmobWle Road West of Directional West Accu$
1I'I'Ift'IOIuIlle Road Edt of Dtrec:lJoNlI Welt Acoul
TABLE7B
Wnk LOS Analysis
FOR SCEAN RIO 2
AM PEAK HOUR
~
wnnSF~1
1'iI..IlsuILlll~ ~ IQIAL Sf... WitUYQ IQIAI. W1.l;U
WB 2..0 92 2152 mo y y
EB
we 1985 92 20n 3790 17ll
EB
WB 1985 " 20B2 3790 Y 1708
Ea
W/ln sr MAA I
~~ ~ IQIAI. Sf... WitUYQ IQUL
we
EB 2..0 " 2151 3250
WB
Ea I'S! .5 2050 l7lJO Y Y IHO
wa
EB 199!o ".. 3790 1801
Imm~ Road Wut af CoUi., Boulevard
IrnmoiWee Roae' West of Dirt:ctiorW Wut Access
Immolalee Fl.oad Eut of QirectiOlU1 Wur. Actus
PM PEAK HOUR
~
Immokale. "cad Wen of Collier Roulenrn
Immakalet Flm.d Wen. Dr Dlrect>on.l W.st ~I
Immokalee Road Eut of OireetlClNlI Wen Accut
A note of caution must be added when considering the Scenario 2 analyses. The combined
effects of the link adjustments and the collector network on the Scenario 2 background traffic
results in lower traffic volumes than those contained on the Concurrency Segment Table, dated
November 30, 2005. In order to be conservative the higher traffic volume between the
Summit Lakes
13
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Agenda Item No. 8E
December 12, 2006
Page 117 of 205
Concurrency Segment Table and the estimated traffic volume were selected for use in the Level
of Service calculations. These traffic volumes consider new reassignment traffic as a result of
new travel possibilities on the new collector roadway segments. These estimates were initially
conducted for the PM Peak Hour, and their results were used for the AM Peak Hour as reciprocal
movements.
Intersection Capacity Analyses
Since intersection operations have a greater impact on corridor operations than the capacities of
the roadway links, additional analyses were conducted on key intersections in the Area of
Influence; This selection process was based primarily on the relationships between the
significant links and proximity to the site. The intersections studied in this analysis were the
Immokalee Road & Woodcrest Road intersection, the Directional-movement West Access and
Right-inlRight-out East Access on Imrnokalee Road, the Full-movement Main Access on Wood
crest Road, the Immokalee Road & Collier Boulevard intersection, Collier Boulevard &
Treefarrn Road intersection and the Collier Boulevard & Vanderbilt Beach Road intersection for
both scenarios.
The intersection analyses for Buildout conditions were completed using SYNCHROi!) 6.0
computer modeling software, which emulates HCM 2000™. The Level of Service results are
presented in Tables SA and SB for AM and PM Peak Hour Background and Total Traffic
conditions for both scenarios. See the Appendix for the SYNCHRO@ 6.0 computer printouts.
Summit Lakes
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Agenda Item No. BE
December 12, 2006
Page 118 of 205
TABLE 8A
INTERSECTION CAPACITY ANALYSIS RESULTS
FOR SCENARIO I
Bocksround Total TndrIC .mproved condition
Traffic
Unsi,na.li:r.ed Inter"HIction
LOS 0.'" LOS o..y LOS Delay uclwh.
_h- ."^'*"-
AM nil C 18 n/.
Immoklle. Road & Dlrec:tlon.1 West Access C nil
PM nil 2~
AM nl. B 13 nIa
Immokolee Road & RIIRO Eon A""", PM nil C 16 nIa
AM nI. A 10 nI.
Woodcrest Road & Full-movement Main Access PM nI. A 9 nI.
Sirnalized Intersection
Immokll.. Ro.d & Collier Boulevard (CR 951) AM C 21 C 2~ nil
PM C 2~ C 2B nI.
Collier Boul.vard (CR 951) & V.nd.rbilt Beach AM B 10 B II nil
Rold PM A 10 8 II nI.
AM nI. p. 8 11
Immokalee Road & Woodcren Road PM nI. p. A 6
. DenoteS Um.lpltz.d Inter...~on Critical Apprcach LOS
TABLE 8B
INTERSECTION CAPACITY ANALYSIS RESULTS
POR SCENARIO 2
Background Total Traffic
Traffic
UnsiV'alizl!ld Int'el"'Section
LOS Delay LOS Delay
lee/ven. lecl'Hn.
Immokaeee Road & Directional West Access AM n/. C 15
PM nl. D 28
AM nil B 12
Immokalee Road & RVRO East Access PM nil C 16
Woodcrest R.oad & Full-movement Main Access AM nl. E 37
PM n/. E ~9
SirnILlized Intenectton
Immokal.. Ro.d & Colli.r Boulev.rd (CR 951) AM C 29 C 30
PM C 30 C 31
Collier Boulevard (CR 951) & Vanderbilt Beach AM B I B B 19
Road PM B 19 C 23
AM B 16 C 21
Immokalee Road & Wood crest Road PM 19 20
B 8
AM B 10 8 II
Collier Boulevard (CR95 I} & Treefarm R.oad PM B II B II
Closer examination of the unsignalized Inunokalee Road & Woodcrest Road analyses under
existing network conditions (Scenario 1) found that the northbound approach was the only
approach exhibiting marginal-to-poor service levels. This is usual for unsignalized side-street
STOP-controlled intersections having relatively high main street through volumes and side-street
left turning volumes. A feasible mitigative measure would require signalizing the main access.
Summit Lakes
15
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Agenda Item No. 8E
December 12, 2006
Page 119 of 205
Under collector network conditions (Scenario 2), the cumulative impact of all other projects on
the Irnmokalee Road & Woodcrest Road and the Collier Boulevard & Treefann Road
intersections are projected to be signalized at its background condition. Proposed lane
configuration geometry for collector network, as a part of the s~y report, is attached in
Appendix. The new collector roadway network ~~ the ~~::ve~~ect of assigned trips <...
from all other development including trips generated from Summit lake project as its total traffic
is well within LOS standards.
Table 9 shows Scenario 2 yields better results than existing scenario in critical links, intersection
and in terms of LOS standard as well as in ADT. Comparing intersection capacity analysis
results for both scenarios, the collector network traffic conditions are more favorable for the
Irnmokalee Road & Collier Boulevard intersection. Since Immokalee Road and Collier
Boulevard intersection can be classified as main intersection and it is located near to the project
site, the culkdu, R6twerk~enario~s recommended as better option between both proposed C
Z
scenarios. GellvvLul lleLwurl<:5cenario presents better traffic conditions than the existing network Z
scenario.
TABLE 9
'SC':."""'I~ :0
I I I~ Comparison B
<
Immokalee Ro.d Wen. of
Directional West Access
Immok::llee Road Collie:- Boulevard Immoka~ Road &
East. of Woodcrest South of lmmola.lee Woodcrest Road
Road Road intersection
IMmokalee Road East of
DirectionaJ West Acce..ss
Summit Lakes
9 ~
'" ~
~ ~
.... '"
~ AM
.............
Scemlrio I PM
~AM
-.....10.
Scenario c:. PM
~
""""""
TOTAL VOL Remainin: TOTAl VOL Remaining
CaoaCity CapaCitY
2310 1~60 2135 1~5S
2100 1~90 2097 1693
2077 171l 2082 1708
2050 17~0 1989 1801
~OlOO
2~lOO
....
a
'"
Scenario
~
~
Scenario ~
39000
19800
9
z ~
o v;
;:: ~
~ ~
ili <{
....
~
~ AM
~
Scenario , PM
F >50 sed\leh at
Background Traffic:
~AM
~
Scenaric C PM
F >50 sedveh at
Background Traffic
B with 16 sedven at
8acklround T raffle
B wrth 19 secJveh at
Backs!:iound Traffic
16
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Agenda Item No. BE
December 12, 2006
Page 120 of 205
INTERSECTION ANALYSIS
The purpose of these analyses is to evaluate the operational characteristics and needs of the site
accesses, and to recommend access point locations considering both network scenarios. Capacity
analyses were completed at the Immokalee Road & Woodcrest Road intersection, the Vanderbilt
Beach Road & Collier Boulevard intersection for both scenarios and the Collier Boulevard &
Treefarm Road intersection for new collector scenario using SYNCHRO~ software as these
intersections are directly affected by site generated trips.
It was recognized during the study process that need for, and length of need of, turn lanes, and
how those lengths of need would interact with neighboring accesses and improvements, would
affect the recommended access configurations, and their location along the site frontage. Four
parameters were used in order to reach the recommendations: current land uses in the area,
entering and exiting turn movement assignments, the capacity analysis results, the turn lane
length of need analysis results, and the proximity of the proposed access to neighboring
accesses/intersections,
In order to analyze the turn lanes on the site access, it was necessary to review right and
applicable ordinances, According to the Collier County Right-of Way Ordinance #2003-37, left
turn lanes must be provided at median openings on multilane highways. The same ordinance
establishes that right turn lanes must be provided on aU driveways accessing multilane highways.
The FDOT Index 30l and Figure 3-15 of the Manual of Uniform Minimum Standards were used
for conceptual geometric design (see Appendix).
According to the FDOT Index 301, the deceleration lane length for a 45 mph design speed is 185
feet. Since Collier County uses the roadway posted speed as the turn lane design speed, the turn
lanes on Immokalee Road should have 185-foot deceleration lanes in addition to the applicable
storage lanes.
Scenario I
Immoka/ee Road & Woodcrest Road Intersection
This intersection is evaluated to determine projected operations during AM & PM Peak Hour.
Under background traffic conditions the Unsignalized Intersection analysis clearly indicated that
Summit Lakes
17
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Agenda Item No. BE
December 12, 2 06
Page 121 of 05
side-street STOP-controlled intersection operation will not provide acceptable operational
characteristics for traffic trying to exit the side street (LOS F, more than 50sec/veh for AM Peak
Hour).
A Signalized intersection is projected to provide excellent operational characteristics (LOS B
llsec/ veh, LOS A 6sec/veh delay for AM & PM Peak Hours respectively).
Left Turn Analysis (Northbound Approach)
The northbound left turn volumes are projected to be 237 and l15 vph during the AM and PM
Peak Hours respectively. Based on this information, a northbound left turn lane is projected to be
warranted at the Immokalee Road & Woodcrest Road intersection. The SYNCHROIPJ queue
analysis indicates that a storage length of 129 feet is needed. The computed northbound left turn
lane should be 295 feet long (150 feet storage length + 145 foot deceleration lane with 50 foot
taper).
Left Turn Analysis (Westbound Approach)
There are no westbound left turn volumes are projected during the AM and PM Peak Hours
respectively. However, westbound left turn lane is projected to be warranted at the Immokalee
Road & Woodcrest Road intersection with a minimum length of 185 feet.
Right Turn Analysis (Eastbound Approach)
There are no eastbound right turn volumes during the AM and PM Peak Hours respectively.
However, eastbound right turn lane is projected to be warranted at the Immokalee Road &
W oodcrest Road intersection with a minimum length of 185 feet.
Right Turn Analysis (Northbound Approach)
There are no northbound right turn volumes during the .A..M and PM Peak Hours respectively.
However, a northbound right turn lane is projected to be warranted at the Immoka1ee Road &
Woodcrest Road intersection. The computed right turn lane should be 145 feet long.
Summit Lakes
18
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Agenda Item No BE
December 12, 2 06
Page 122 of 05
Collier Boulevard & Vanderbilt Beach Road Intersection
Left Turn Analysis (Eastbound Approach)
The eastbound left turn volumes are projected to be 239 and 226 vph during the AM and PM
Peak Hours. Based on this information, an eastbound left turn lanes are projected to be warranted
at the Collier Boulevard & Vanderbilt Beach Road Extension intersection. The SYNCHROiEl
queue analysis indicates that a storage length of 130 feet is needed. These proposed eastbound
left turn lanes should be 295 feet long (150 feet storage length + l45 foot deceleration lane with
50 foot taper).
Ri~ht Turn Analysis (Southbound Approach)
The southbound right turn volumes are projected to be 227 and 254 vph during the AM and PM
Peak Hours respectively. The SYNCHROiEl queue analysis indicates that a storage length of 45
foot is needed. This proposed southbound right turn lane should be 235 feet long (50 foot storage
+ 185 deceleration lane with taper). The existing total length of the exclusive southbound right
turn lane is approximately 510 feet; therefore, no additional improvement is needed at this
approach.
Table 10 presents the comparative study on turn lane requirement analysis for Scenario 2 with
background traffic as well as total traffic condition.
TABLE 10
INTERSECTION TURN LANE ANALYSIS
Scenario 2 wtth -8acklround Traffic Scenario 1 with Total Traffic
....olume Queue. Len(th Dec:.lvatlon !.\On.p Volv~ln 0_ Decehntlon Ston'f:
I ntenectlon l>.' To,", L..nJlhIn IIlnphl" Toat.!
~",n Inr.~ Ieroftnlnfftl ."~lIlnleet .,n .... H!nfl!'llnleet 'u'
AM 137 176
PM WB:..
186 17~ 1~5 175 320 205 179 \45 200 3~5
AM 'Be 236 217 1~5 225 370 239 224 1<5 225 370
Collier BOllIev1rd & PM 170 183
Vanderbilt Beach Road AM 17~ 187
SBR
PM 2~8 45 185 50 235 25~ ~5 185 50 235
AM 185 39 185 ,0 235 193 41 185 50 235
NBR
PM 151 190
AM NBL 130 89 1~5 100 2~5 222 IB~ 145 200 3~5
PM 76 121
Immokalee Ro:.d & AM II~ 114
PM WBL In
Woodcrest Road 182 185 200 385 \73 186 185 200 385
AM E8. 25 25
PM 72 19 185 25 210 72 \9 185 25 210
AM WBL 286 152 145 175 320 325 II>< 145 175 320
Collier Boulevard & PM 205 243
T reefarm Road AM 152 160
PM NBR
271 43 185 ,0 235 310 46 185 50 235
Summit Lakes 19 1:\Projeru\809\809! 4\1 raffk\NovemberOS-upd'ate\8091<4_ TlSOO I.doc
Agenda Item No. 8E
December 12, 2006
Page 124 of 205
SITE ACCESS ANALYSIS
Capacity analyses were completed at the Innnokalee Road & Directional West Access, one
Right-in Right-out East Access, and one Full movement Main Access intersection at Woodcrest
Road for both existing and collector network scenarios utilizing SYNCHRO~ software. The
appendix contains the SYNCHRO~ computer printouts. The purpose of these analyses is to
evaluate the operational characteristics and needs of the site accesses, and to recommend access
point locations considering both network scenarios.
Scenario I
Directional-movement West Access on Immokalee Road
Access Point Location
This access is proposed to be a Directional-movement access and should be located
approximately 0.7 mile east of the Immokalee Road & Collier Boulevard intersection centerline.
Capaci1;y Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site. (24 sec/veh delay).
Access Drive Lane Configuration Analysis (Northbound Approach)
This project is estimated to generate 8 vph and 4 vph northbound right turning movements
during ilie AM or PM Peak Hours. Based on this information, a northbound right turn lane is
recommended at the Directional-movement West Access & Immokalee Road intersection. The
approach should be provided with at least l25 feet of throat depth before the first driveway,
accessway, or cross street is introduced to the access drive.
Left Turn Analysis (Westbound Approach)
This site is estimated to generate 5 and 26 westbound left turns during AM and PM peak hours.
It exceeds the 20 VPH threshold value. Based on this information a westbound left turn lane is
Summit Lakes
20
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Agenda Item No BE
December 12, 2 06
Page 125 of 05
projected to be warranted at the Immokalee Road and Directional-movement West Access. The
SYNCHROiID queue analysis indicates that a storage length of 1 and 14 feet is needed for AM
and PM Peak Hour respectively. Based on this information, the left turn lane should be 210 feet
long (25 feet storage + l85 deceleration lane with 50 foot taper).
Right Turn Analysis (Eastbound Approach)
This project is estimated to generate 43 vph and 207 vph and eastbound right turning movements
during the AM and PM Peak Hour respectively, It exceeds the 40 VPH threshold value. Based on
this information an eastbound right turn lane is projected to be warranted at the Immokalee Road
and Directional-movement West Access. The SYNCHROiID queue analysis indicates that a
storage length of 0 feet is needed. Based on this information, the eastbound right turn lane should
be l85 feet long.
Right-In/Right-Out East Access on Immokalee Road
Access Point Location
This access point is proposed to be a Right-InIRight-Out access and should be located
approximately 1 mile east of the Imrnokalee Road & Collier Boulevard intersection centerline.
Capacit;y Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site, (l6 sec/veh delay),
Access Drive Lane Configuration Analysis (Northbound Approach)
This project is estimated to generate 18 vph and 9 vph northbound right turning movements
during the AM or PM Peak Hours. Based on this information, a northbound right turn lane is
recommended at the Right-in/Right-out East Access & Immokalee Road intersection. The
approach should be provided with at least 125 feet of throat depth before the first driveway,
accessway, or cross street is introduced to the access drive.
Summit Lakes
21
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Agenda Item No. BE
December 12, 2 06
Page 126 of 05
Right Turn Analysis (Eastbound Approach)
This project is estimated to generate 5 vph and 26 vph and eastbound right turning movements
during the AM and PM Peak Hour respectively. It does not exceed the 40 VPH threshold value.
Based on this information no eastbound right turn lane is projected to be warranted at the
Irnmokalee Road & Right-InIRight-Out East Access.
Full-movement Main Access on Wood crest Road
Access Point Location
This access point is proposed to be a Full-movement Main access and should be located
approximately 0.5 mile south of the Immokalee Road & Woodcrest Road intersection centerline.
Capacity Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site. (lOsec/veh delay).
Access Drive Lane Configuration Analysis (Eastbound Approach)
This project is estimated to generate 237 vph and ll5 vph eastbound left turning movements
during the AM Peak Hours. Based on this infonnation, an eastbound shared left-tlrrough-right
turn Jane is recommended at the Full-movement Main Access & Woodcrest Road intersection.
The approach should be provided with at least 125 feet of throat depth before the first driveway,
accessway, or cross street is introduced to the access drive.
Left Turn Analysis (Northbound Approach)
This project is estimated to generate no northbound left turns during AM and PM peak hours.
For this reason, no northbound left turn lane is projected to be warranted at the Woodcrest Road
and Full-movement Main Site Access.
Summit Lakes
22
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Agenda Item No BE
December 12, 2 06
Page 127 of 05
Rig-ht Turn Analysis (Southbound Approach)
This project is estimated to generate 0 southbound right turning movements during the AM and
PM Peak Hour respectively. Based on this information a southbound right turn lane is
recommended at the Woodcrest Road and Full-movement Main Site Access. The southbound
right turn lane should be l45 feet long.
Scenario 2
Directional-movement West Access on Immokalee Road
Access Point Location
The access location noted in Scenario 1 would remain unchanged in Scenario 2.
Capacity Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site. (26 sec/veh delay).
Access Drive Lane Config-uration Analysis (Northbound Approach)
This project is estimated to generate 8 vph and 4 vph northbound right turning movements
during either the AM or PM Peak Hours. Based on this information, a northbound right turn lane
is recommended at the Directional-movement West Access & Immokalee Road intersection. The
approach should be provided with at least 125 feet of throat depth before the first driveway,
accessway, or cross street is introduced to the access drive.
Left Turn Analysis (Westbound Approach)
This site is estimated to generate 5 and 26 westbound left turns during .o\M and PM peak hours.
It exceeds the 20 VPH threshold value. Based on this information a westbound left turn lane is
projected to be warranted at the Immokalee Road and Directional-movement West Access. The
Sl'NCHRO@ queue analysis indicates that a storage length of 1 and 13 feet is needed for AM
and PM Peak Hour respectively. Based on this information, the left turn lane should be 210 feet
long (25 feet storage + 185 deceleration lane with 50 foot taper).
Summit Lakes
23
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Agenda Item No BE
December 12, 2 06
Page 128 of 05
R.i~ht Turn Analysis (Eastbound Approach)
This project is estimated to generate l4 vph and 65 vph and eastbound right turning movements
during the AM and PM Peak Hour respectively. It exceeds the 40 VPH threshold value. Based on
this information an eastbound right turn lane is projected to be warranted at the Immokalee Road
and Directional-mov=ent West Access. The SYNCHRO~ queue analysis indicates that a
storage length of 0 feet is needed. Based on this information, the eastbound right turn lane should
be 185 feet long.
Right-In/Right-Out East Access on Immokalee Road
Access Point Location
The access location noted in Scenario 1 would remain unchanged in Scenario 2.
Capaci1;y Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site, (16 sec/veh delay).
Access Drive Lane Configuration Analysis (Northbound Approach)
This project is estimated to generate 18 vph and 9 vph northbound right turning movements
during either the AM or PM Peak Hours. Based on this information, a northbound right turn
approach lane is recommended at the Right-inlRight-out East Access & Immokalee Road
intersection. The approach should be provided with at least 125 feet of throat depth before the
first driveway, accessway, or cross street is introduced to the access drive.
Right Turn Analysis (Eastbound Approach)
This project is estimated to generate 5 vph and 26 vph and eastbound right turning movements
during the AM and PM Peak Hour respectively. It does not exceed the 40 VPH threshold value,
Based on this information no eastbound right turn lane is projected to be warranted at the
Immokalee Road & Right-lnJRight-Out East Access.
Summit Lakes
24
1:IProiectSIS091S0914ITrafficINovemberil>-upd.telS0914_ TlSOO I.doc
Full-movement Main Access on Woodcrest Road
Agenda Item No. BE
December 12, 2006
Page 129 of 205
Access Point Location
The access location noted in Scenario 1 would remain unchanged in Scenario 2.
Capacity Analyses
This access was evaluated to determine the projected intersection operations during the AM and
PM Peak Hours. The Unsignalized Intersection analysis clearly indicated that side-street STOP-
controlled intersection operation is projected to provide acceptable operational characteristics for
traffic trying to exit or enter the site. (49 sec/veh delay).
Access Drive Lane Confi~uration Analysis (Eastbound Approach)
This project is estimated to generate 92 vph and l45 vph eastbound left and right turning
movements during the AM Peak Hours. Based on this information, an eastbound shared left-
through-right turn lane is recommended at the Full-movement Main Access & Woodcrest Road
intersection. The approach should be provided with at least 125 feet of throat depth before the
first driveway, accessway, or cross street is introduced to the access drive.
Left Turn Analysis (Northbound Approach)
The project is estimated to generate 30 vph and 142 vph northbound left turns during AM and
PM peak hours. It exceeds the 20vph threshold value. For this reason, a northbound left turn lane
is projected to be warranted at the Woodcrest Road and Full-movement Main Site Access. The
SYNCHRO@ queue analysis indicates that a storage length of 1 1 feet is needed. Based on this
information, the left turn lane should be l70 feet long (25 feet storage -+- l45 deceleration lane
with 50 foot taper).
Right Turn Analysis (Southbound Approach)
This project is estimated to generate 0 southbound right turning movements during the AM and
PM Peak Hour respectively. For this reason, no separate southbound right turn lane is
recommended at the W oodcrest Road & Full-movement Main Site Access.
Summit Lakes
2S
1:\Projea.s\B09\809 t 4\1 l"lfl'ic\Novembt.rOS-upd:ate\80911_ T1500' .ooc
TRAFFIC SIGNAL WARRANT ANALYSIS
Agenda Item No. BE
December 12, 2006
Page 130 of 205
The capacity analyses indicated that signalization would be needed at Immokalee Road &
Woodcrest Road and Collier Boulevard & Treefarm Road for both studied network scenarios.
The final site access could be also evaluated to determine whether any traffic signal warrants will
be met by the site-generated traffic. The warrants in the MUTCD Millennium Edition should be
used in these analyses. Collier Boulevard & Treefarrn Road and Immokalee Road & Woodcrest
Road intersection capacity analysis indicated also that a signalization is needed at these
intersections for the collector network scenario. According to the preliminary analyses, the
Collier Boulevard & Treefarm Road and Immokalee Road & Woodcrest Road intersections will
meet Warrant 3 at project buildout.
IMPROVEMENT ANALYSIS
Because many of the analyses were addressed in previous sections, this improvement analysis
section will be limited to a conclusive narrative.
As shown in Table 7 A & 7B, the levels of service for all links in the area of the project will meet
the level of service standards computed by the AUIR Tables for the AM and PM Peak Hours
with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be
required for this project.
MITIGATION OF IMPACT
The improvements for the Immokalee Road & Woodcrest Road and Vanderbilt Beach Road &
Collier Boulevard intersection in Scenario 1 requires full length turn lanes, which is
comparatively much higher than the set of additional turn lane lengths that is required in
Scenario 2. Therefore the recommended improvements correspond to Scenario 2 analyses.
The following improvements are required for Scenario 2:
Immokalee Road & Woodcrest Road intersection:
. Northbound approach additional 100 feet long left lane
Summit lakes 26 1:\Projecu\809\80914\TrofficINovembertl5-update\80914_11S00 I.doc
Agenda Item No. BE
December 12, 2006
_ Page 131 of 205
Vanderbilt Beach Road & Collier Boulevard intersection:
. Westbound approach
additional 25 feet long left lane
Immokalee Road & Directional-movement West Access:
. Westbound approach
. Eastbound approach
one left turn lane 210 feet long
one right turn lane 185 feet long
Woodcrest Road & Full-movement Main Access:
· Northbound approach
one left turn lane 170 feet long
Scenario 2 requires the signalization of the Immokalee Road & Woodcrest Road and the Collier
Boulevard & Treefarm Road intersection.
Exhibits II graphically present the improvements for Scenario 2.
The developer proposes to pay the appropriate Collier County Road Impact Fees. The developer
also proposes to construct the site-related improvements identified at the site accesses.
Summit Lakes
27
1:\Projero\B09\80914\T f'dffic\NovemberOS-upda.te\80914f _ TISOO I.doc
Excerpts from the
Conceptual Water Management Report
Agenda Item No. BE
December 12, 2006
Page 132 of 205
RE-SUBMITT AL
PUDZ-2003-AR-4988
PROJECT #2003110009
DATE: 7/7104
KAY DESELEM
Agenda Item No. BE
December 12, 2006
Page 133 of 205
Summit Lakes
Conceptual Surface Water Management Report
Prepared for:
Waterways Joint Venture IV
l1860 West State Road #84
Suite B-l5
Davie, FL 33325
Prepared by:
nWTANC
CONSULTING
___ "- Y Y-L ~
. Engineers . Surveyors & Mappers
. Planners . Project Managers
3050 North Horseshoe Drive
Suite 270
Naples, FL 34104
/ /"'.----. )/
(/ I 101
f ~ 1."
0\
Prepared By:
Re,.;ewed By: (
Date: U:o' c)
May 2004
TABLE OF CONTENTS
SECTION I - INTRODUCTION AND OVERVIEW
1.0
Introduction
Agenda Item No BE
December 12, 06
Page 134 of 05
Page
2
3
3
3
4
4
5
6
10f6
0\2003\O:.-OOOROO Waterways III Il'nmok.a1ee.Raoning\()OQ2 Reloning\Waler Manag~t Calculations\Conceplual Wal~r Management Report 05-26.(}4doc
2.0
Existing Conditions
2.l General
2.2 Predevelopment Site Conditions
3.0
Proposed Conditions
3.1 Water Management Facilities
3.2 Design Parameters
4.0
Design Assumptions & Notes
SECTION II - EXHIBITS
. EXHIBIT 1- Water Management Design Calculations
Agenda Item No 8E
December 12, 2 06
Page 135 of 05
1.0 INTRODUCTION
This document represents the Conceptual Surface Water Management Report and calculations
for the proposed Summit Lakes Residential Planned Development. The project is located
approximately % miles east of Collier Blvd. on Immokalee Road, in Section 26, Township 48
South, Range 26 East, Collier County, Florida. The Surface Water Management Report and
calculations are intended to support the Surface Water Management Plan for the RPUD, which
is included in this submittal (RWA File No. 03-0008.00).
20f6
0:\2003\03-0008.00 Wate:TWays at Immohlee-Rezoning\0002 RezoninglWnl:t MznagemenL Cakulations\Conceptual Water Mana.gement Report {lS-26.D4.doc
Agenda Item No BE
December 12, 2 06
Page 136 of 05
2.0 EXISTING CONDITIONS
2.1 General
The Summit Lakes Residential Development will be located on a 138.38 acres parcel that is
presently composed of36.96 acres of wetlands, and 91.42 acres of uplands.
2.2 Pre-development Site Conditions
The subject parcel is bounded to the north by the Immokalee Road, to the east by undeveloped
agriculture and Woodcrest Lane right-of-way, to the south by unimproved agriculture and
Crystal Lake PUD, and to the west by Tuscany Cove PUD and Pelican Nursery.
The most recent use of the subject property is undeveloped agriculture, with the exception of
one single family residence and accessory structures located in the southeast corner of the
property. There is a State-issued surface water management permit for the subject property,
which is permit No ll-0208l-P, issued on August 15, 2002.
Historically, timbering and cattle grazing have occurred on part of the property. The existing
elevations typically range from 13.3 ft to 14.8 ft NGVD, with some low lying wetland areas
consisting of pine/cypress/cabbage palm assemblages and malaleuca assemblages.
Original pre-development surface water-flow patterns followed southwesterly direction and
were part of the natural low lying area. Earthwork for the construction of the Immokalee Road
and adjacent developments altered these conditions; however, discharge from the site will be
conveyed to the 951 Canal in order to restore pre-development routes as it was stated in the
existing ERP permit from SFWMD.
30f6
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Agenda Item No BE
December 12, 2 06
Page 137 of 05
3.0 PROPOSED CONDITIONS
3.1 Water Management Facilities
The proposed surface water management plan will incorporate best management practices
including water quality facilities for above ground surface water treatment and storage prior to
discharge into the existing 95l Canal. All construction activities will employ best management
practices, limiting the potential for pollutant discharge in accordance with United States
Environmental Protection Agency - National Pollutant Discharge Elimination System.
The net site encompasses 13838 acres of which 13.61 acres will be preserved and will remain
separated from the water management system (this wetland will be left as Native Preserve and
will not be considered further in this report). Therefore, the system will be design to treat and
attenuate l24.77 acres, including 4.43 acres of wetland as part of the detention system.
The existing ERP permit (No 11-02081-P), states that 12.8 acres of offsite future Immokalee
Road runoff will be treated and attenuated in the approved storm water management system.
Additionally, 5.39 acres of offsite Woodcrest Lane Right of Way runoff (immediately adjacent
to the east side of the project site), will be only attenuated.
The net site area of 124.77 acres plus the offsite flows areas, encompasses a total drainage area
of 142.96 acres. The system has been divided into five separate and independent drainage
basins in which the attenuation and treatment will occur. The two offsite flows (Immokalee
Road ROWand Woodcrest Lane ROW) will enter the system through basins One and Four
respectively. The 13.61 acres of preserve will continue to drain in a southerly direction, which
is the historical drainage pattern.
Due to this project's location within the Big Cypress Basin and water management
requirements, the surface water management design requires attenuation and modeling of the
25-year 3-day storm routings for water quantity once water quality standards and maximum
discharge rates have been met.
Minimum finished floor elevations of living areas will be dictated by the 100-yr 3-day storm
routing. Minimum centerline of road elevations will be set equal to or above the 25-year, 3-day
storm elevation. The perimeter berm will be set at the 25-year 3-day storm elevation.
The basic operations of the surface water management system includes the collection of surface
water runoff in reinforced concrete drainage structures, transportation of the flow through a
subsurface conveyance system, and directing of runoff to above-ground wet detention areas.
The site will incorporate 17.60 acres of above-ground wet detention in five detention areas.
The detention areas are interconnected, with all discharge occurring through a single control
structure.
As the system network is filied with surface water, water quality starts at 12.50 ft NGVD,
control elevation. Once water quality have been achieved at 13. I 9 ft NGVD, the treated surface
4of6
0\:2003\03-0008 00 W~terways at Il'T1l'T()ka.lee.Rezonir.g\OOO2 R=zoning\Water Manai!em:f1t Caocuiarions\CanCqllwU Watr:r Manat;ement Repor1 OS-26-C\.4.00t
Agenda Item No. BE
December 12, 2006
Page 138 of 205
water is permitted to flow over the crest of the weir of the control structure without exceeding
the maximum discharge rate of 21.46 cfs. The proposed control structure will discharge to the
951 Canal via a culvert in the hnmokalee Road Right-of-Way.
3.2 Design Parameters
The control elevation for this Project has been determined to be elevation l2.50 ft. NGVD,
based on an existing SFWMD permit.
The 25-year 3-days tail water conditions in the 95l canal are based in the Hydrologic Hydraulic
Assessment ofCR 951 Canal Improvement from SFWMD.
The Project Basin Breakdown of the subject property, which is included in the Water
Management Calculations, indicates that there are 60.22 acres of impervious uplands and
60.12 acres of pervious uplands.
50f6
0:\2003\03-000800 Watef"\l.'ays at Immokal~-RezQnmF\OOO2 Rczcming\Water Managemellt Calculations\Conceptllal Wal~ M81lagl,:TTleJ1' Report 05-26~OJ\_doc
Agenda Item No. BE
December 12, 2006
Page 139 of 205
4.0 DESIGN ASSUMPTIONS & NOTES
· Minimum finished crown of road is 15.30 ft. NGVD or greater;
· Minimum finished floor elevations of occupied floors are l6.00 ft. NGVD or greater;
· Off-site discharge (water quantity) will be limited to a maximum of 21.46 CFS;
· Wet Season Water Table Elevation is 12.50 ft. NGVD;
· Control Elevation is 12.50 ft. NGVD;
· All water manag=ent facilities will be designed as wet detention storage, except for the
recreational tract which will be designed as a dry pretreatment area before discharging into
the wet detention system, if required.
6of6
0\20031,01-0008 00 Waterways allrrrn~kalee"Rczonini'\OOO2 Ri:wning\W.IIl.er MafUlgerr.eTll Calc.ulatioru:\Conccptual Water Managernern Re-pol1 05-16-04 doc
"RW ~ ,lINe En~neetS.
CONSULTrt.!. SurveYOtll&Mappc:n,
.......... ... .....L. ...a. P1onn=, & Project Mon.gers
Project
Proj. #:
Calculated By: JAB
Checked By: mcm-p
Summit Lake.
03-0008.00
Date: 23-J uo-o4
Date:
Agenda Item No.: BE
December 12, 2006
Page 140 of 205
WATER MANAGEMENT DESIGN CALCULATIONS
ASSUMPTIONS
1. The Control Elevation is set at 12.5' NGVD. Based on:
- Existing SFWMD permit for.1he property.
2. Based on 1he existing permit, the site elevation ranges from the lowest at 13.3' NGVD to the highest at 14.8' NGVD.
3. There is a wetland which will be included in the wBter management system, along wi1h the upland in the southeast portion
of the property.
4. The amount of wetland included in the water management system is 4.43 BC.
5. 13.61 acres of wetland in the site win not be part of the water mangement system, and win be left as Native Preserve.
There will be a berm consttucted between the wetlands and the development areas, wi1h crest elevation set at the 25-~ 3-day peak.
6. The site area under consideration for the WM design includes part oflbelmmokalee Road ROW (12.8 ac.), and Woodcrest lane ROW (5.39 ac).
7. Based on SFWMD Environmental ResoUICe Permit Information Manual, Volume IV, Surface Water Design Aids
Using Me1bod I the rainfallllIJ10llIlIS chosen for lbe design are:
From Figure C-5: 25-year J-day= 8.5 inches.
From Figure C-6: JOO-year l-day= 10.5 inches.
8. Depth to water table ~ 3.1'. Refer to depth to water table analysis.
9. Soil compaction factor - 25%
10. Accordiog with Ordinance No 90-10 and as amended, the allowable discharge for this site is 0.15 CFS/acre
11. A minimum difference of 18" is going 10 be used between the CroWD of the road and the finished floor elevation.
12. The system will drain to 951 Canal via a culvert in the Immokalee Road ROW.
l. Project Land Use Breakdown
2. Total Drainage Area
Areas
acres
138.38
13.61
124.77
Areas I
~ N.,pr 6iTt.
lrnmokalee Road ROW
Woodcrest Lane ROW
TOTAL
acres
]24.77
]2.80
5.39
142.96
Total Site
Native Preserve
Net Site Area
Water management areas 17.77
Pavement 10Al
Sidewalk 3.78
Driveway lOAD
Building 35.62
Sub Total 77.99
Green Space 39.53
Uplands 2.82
Wetlands 4.43
3. Depth to Water Table Analysis
Control = 12.5
4. Tail waler history
Average Average
DescriutioD Acrcaee Elevation Deuth
Building 35.62 16.55 4.05
Green Space 39.53 14.95 245
Pavement 10Al 1510 2.60
85.57
r Average depth 311
Time (Hr)
o
3
7.5
]0
20
40
Elevatio
n (FI
NGVD)
11.25
11.25
11.25
11.60
11.70
11.75
50
60
70
80
100
120
360
Elevation (Ft
NGVD)
11.80
12.65
12.70
12.65
1245
12.25
11.00
Time (Hr)
Warer Managemenl Calculations SlmIJ1'tit lAkes 06-23~04 ASJ'lu7Iplions
6/23/20044:22 PM
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Agenda Item No. BE
December 12, 2006
Page 142 of 205
ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH 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 RURAL
AGRICULTURE (A) AND PLANNED UNIT DEVELOPMENT
(PUD) AND FOR A PROJECT PREVIOUSLY KNOWN AS THE
OUTDOOR RESORTS OF NAPLES A MOTORCOACH
COUNTRY CLUB PUD, TO RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) FOR A PROJECT TO BE KNOWN AS
THE SUMMIT LAKES RPUD, LOCATED ON lMMOKALEE
ROAD (CR 849) APPROXIMATELY ONE-HALF MILE EAST
OF THE INTERSECTION OF COLLIER BOULEVARD (C.R.
95l) AND IMMOKALEE ROAD (C.R. 846), IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 138.32: ACRES; AND PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 2000-49, THE
OUTDOOR RESORTS OF NAPLES A MOTORCOACH
COUNTRY CLUB PUD, AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Dwight H. Nadeau, ofRWA, Inc., and Richard D. Yovanovich, of Goodlette,
Coleman and Johnson, P.A., representing Waterways Joint Venture V, petitioned the Board of
County Commissioners to change the zoning classification ofthe herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COCNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property described in the RPUD Document located in
Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) and Rural Agricultural (A) to Residential Planned Unit Development
(RPUD) for a project !mown as the Summit Lakes RPUD in accordance with the Summit Lakes
RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein, The
appropriate Official Zoning Atlas Map or Maps, as described in Ordinance Number 2004-4l, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-49, known as The Outdoor Resorts of Naples a Motorcoach
Country Club PUD, adopted on June 27,2000 by the Board of County Commissioners of Collier
County, Florida, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 1 of 2
Agenda Item No. BE
December 12, 2006
Page 143 of 205
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK. HALAS, CHAIRMAN
Deputy Clerk
Approved as to form
and legal sufficiency
''/nO;fj 1 /1/1. ~ -;)Uu J'_A'
MaIj eM. Student-StIrhng ~ . -Y'(j
Assistant County Attorney
Attachment: Exhibit "A"-PUD document
PUDZ-2003- AR-4988/KD/lo
Page 2 of 2
SUMMIT LAKES RPUD
Agenda Item No. BE
December 12, 2006
Page 144 of 205
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING SUMMIT LAKES RPUD,
A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREP ARED FOR:
WA TERWA YS JOINT VENTURE V
14627 COLLIER BOULEVARD
NAPLES, FLORIDA 34120
PREPARED BY:
UWTA~C
CONSULTING
-11-... Y Y.L ..JL
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
and
GOODLETTE COLEMAN & JOHNSON, P.A.
4001 T AMI AMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA 34103
DA TE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
10119/06
Exhibit "A"
0:\2003\030008.00.00 Waterways at Immokalee-Rczoning\0002 Rezoning\Summit Lakes RPUD I 1-2 1-06(StatTrev)clean.doc
Agenda Item No. 8E
December 12, 2006
Page 145 of 205
T ABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
11
Section I
Property Ownership and Legal Description
I-I
Section II
Project Development Requirements
II-I
Section III
Residential Development Standards
III-I
Section IV
Recreation Area
IV-l
Section V
Preserve Area
V-I
Section VI
Development Commitments
VI-l
0:\2003\03000800.00 Waterways at Immokalee-Rezomng\0002 Rezoning\Summit Lakes RPUD 11-21-06(Staffrev)c1ean.doc
Agenda Item No. BE
December 12, 2006
Page 146 of 205
LIST OF EXHIBITS. TABLES AND APPENDICES
EXHIBIT "A"
RPUD MASTER PLAN
EXHIBIT "B"
BOUNDARY SURVEY
EXHIBIT "c"
VI CINITY MAP
EXHIBIT "0"
TYPICAL CROSS SECTIONS
0\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPUD ] 1-2] -06(Staff rev)clean.doc
Agenda Item No. 8E
December 12, 2006
Page 147 of 205
STATEMENT OF COMPLIANCE
The development of approximately 138.3 acres of property in Collier County, Florida as a
residential planned unit development to be known as the Summit Lakes RPUD will be in
compliance with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The residential uses and recreational facilities of the Summit Lakes
RPUD are 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:
1. The subject property is within the Urban Mixed Use DistrictlUrban Residential Sub-
district as identified on the Future Land Use Map as provided for in Objective 1 of the
Future Land Use Element (FLUE), and the uses contemplated are consistent therewith.
2. The project is proposed to be a residential development. The project will provide
"workforce" and "gap" housing as set forth below and shall be implemented through the
provisions of the Land Development Code (LDC) and the companion Agreement
Authorizing Affordable- Workforce Housing Density Bonus and imposing Covenants and
Restrictions on Real Property ("Density Bonus Agreement"). to provide the three (3)
dwelling unit per acre density bonus. The proposed density of the Summit Lakes RPUD
is 7.0 units per gross acre. and is therefore consistent with the FLUE, Policy 5.1. of the
FLUE.
3. The project implements Objective 1 of the Housing Element by providing additional
owner occupied work force (61-80% of median income) dwelling units, as defined in the
LDC. \vithin the proposed master planned development;
4. The project furthers the intent of Policy 1.4 of the Housing Element by providing the
recently recognized owner occupied gap (81-150% of median income) housing in an area
where planned infrastructure and services will be available;
5. The project implements Policy 2.9 of the Housing Element by providing affordable-
workforce housing in accordance with a Density Bonus Agreement.
6. The development of the Summit Lakes RPUD will result in an efficient and economical
extension of community facilities and services as required in Objective 3 of the FLUE.
7. The Summit Lakes RPUD implements Policy 5.6 of the FLUE in that more than 60% of
the project will provide useable open space, or lands reserved for conservation purposes.
8. The native vegetation provisions of the Summit Lakes RPUD implements Policy 6.1.1 of
the Conservation and Coastal Management Element in that native preserves will be
incorporated into the project design.
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Agenda Item No. 8E
December 12, 2006
9. The Master Development Plan, with its extensive natural area, lakes and ~ ~f 205
areas, and with its moderate residential density, will insure that the developed project will
be an attractive and enjoyable residential development.
10. By virtue that the project must comply with the concurrency provisions of the LDC, it
will implement, and further Objective 8 of the Transportation Element.
11. The proposed RPUD implements Objective 7 of the FLUE in that the proposed project
interconnects with Wood crest Drive to the east. Vehicular and pedestrian
interconnection to the south and a portion of the west are prohibited given the built-out
subdivisions on those adjoining lands. However, an interconnection to the agriculturally
zoned plant nursery to the west may be appropriate in the future should conditions allow,
and the site is proposed for rezoning and development. External interconnection to the
parcel of land lying northeast of the project has been provided for as depicted on the
RPUD Master Plan.
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Agenda Item No. 8E
December 12, 2006
Page 149 of 205
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 Summit Lakes RPUD.
1.2 LEGAL DESCRIPTION
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26
S.02017'02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS
BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
THENCE ALONG THE SAID SOUTH RJGHT-OF-WA Y THE FOLLOWING FIVE (5)
DESCRIBED COURSES:
(1) THENCE S.89058']7"E., A DISTANCE OF 398.07 FEET:
(2) THENCE S.02017'42"E., A DISTANCE OF 11.01 FEET;
(3) THENCE S.89058']7"E.. A DISTANCE OF 385.]3 FEET;
(4) THENCE N.020]7'42"W., A DISTANCE OF 11.01 FEET;
(5) THENCE S.89058'I7"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE
EAST LINE OF THE EAST ]/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST ]/4
OF SAID SECTION 26;
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 3128. PAGES 2557 THROUGH 2566 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA THE FOLLOWJNG TWO
(2) DESCRIBED COURSES:
(]) THENCE S.02018'21"E., A DISTANCE OF 28.93 FEET;
(2) THENCE S.89058'17"E., A DISTANCE OF 660.2] FEET TO THE EAST LINE OF
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.020I9'OO"E.. A
DISTANCE OF ] ] 58.95 FEET. TO THE SOUTHEAST CORNER OF THE SAID WEST
1/2;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST ]/4 OF
THE NORTHEAST ]/4 LESS THE E/\ST 30 FEET OF THE SOUTHERLY 267.57 FEET
OF SAID SECTION 26, S.89059'07"E., A DISTANCE OF 660.42 FEET, TO THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
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December 12, 2006
Page 150 of 205
SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE OF
1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-OF-
WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK
642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
N89059'47"W., A DISTANCE OF 30.02 FEET;
THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
S.02019'40"E., A DISTANCE OF 267.57 FEET;
THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-WAY,
S.89059'57"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E., A
DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH 1/2
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 112, S.89059'40"W, A
DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL LAKE
RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83
THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE
FOUR, N.020] 8'18"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER
OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT
PHASE FOUR AND ALONG THE WEST LINE OF THE EAST] /2 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'55"W., A
DISTANCE OF 286.14 FEET;
THENCE N.89059'21 "W., A DISTANCE OF 660.44 FEET;
THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET;
THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET;
THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET;
THENCE S.89058'59"W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
THENCE ALONG THE WEST LINE OF THE NORTHEAST 114 OF SAID SECTION 26,
N.020] 7'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF
THE EAST 112 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 26,
THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST
114 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.89058'36"W., A DISTANCE
OF 528.56 FEET,
THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH
]544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.020]6']3"W.,
A DISTANCE OF 1180.49 FEET, TO A POINT L Y]NG ON THE SOUTH RIGHT-OF-
WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846).
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Agenda Item No. BE
December 12, 2006
Page 151 of 205
THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FOUR (4)
DESCRIBED COURSES:
(I) THENCE S.89058'16"E., A DISTANCE OF 196.59 FEET;
(2) THENCE S.OooOl'44"W., A DISTANCE OF 21.00 FEET;
(3) THENCE S.89058'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
(4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 138.3 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Waterways Joint Venture V (Folio: 00192280000, 00192000002, 00192160007,
00192320009, 00192040004, 00191920002, 00192880002, 00192200006, 00193080005,
and 00192080006)
1.4 DEVELOPER
The Summit Lakes RPUD is intended to be developed by Waterways .loint Venture V. All
references to the "developer" as may be contained in this RPUD Document shall mean
Waterways .loint Venture V, unless. and until the subject property described and depicted in
this RPUD Document is sold to other individuals or entities. It is the responsibility of
Waterways .loint Venture V to notify Collier County, in writing, of conveyances, of the
subject property described and depicted in this RPUD Document \vithin six months from the
actual conveyance.
1.5 PHYSICAL DESCRIPTION
The propeliy is located in the northwest half of Section 26, Township 48 South, Range 26
East, Collier County, Florida. More than ninety-seven percent of the proposed project site is
undeveloped. There is one single-family residence, and accessory structures located on a
small portion of the property in the southeast corner. A former driving range exists on the
northwest corner of the project. Historically, timbering and cattle grazing have occuned on
the property. The property is generally without topographic relief, with elevations ranging
from 13.3 to 14.8 feet above mean sea level.
The water management system consists of approximately 17.8 acres of open space that will
receive run-off from structures and parking areas. Run-off shall be collected by catch basins
and culvert systems for conveyance to the lakes. The lakes are interconnected by culvelis,
\vith project outfall being at the projecl.s nurth\vest curner or the 951 Canal. Allo\vable
discharge rates shall be in accordance with applicable County ordinances.
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Agenda Item No. BE
December 12, 2006
Page 152 of 205
1.6 PROJECT DESCRIPTION
The Summit Lakes RPUD shall be a residential development that includes 968 residential
housing units in accordance with a companion Density Bonus Agreement. See Section 6.6.
of this RPUD Document. The amenities proposed as developer commitments to be provided
in the project include structures (clubhouse, pool, etc.), and areas (interior within the
clubhouse, and swimming pool and tennis facilities), to provide social and recreational
space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves)
and active recreational opportunities. Access to the property shall be from two points on
Immokalee Road and one location on Woodcrest Drive located on the east property line of
the project. The development intent is to complete the subdivision in a single phase with
construction commencing in the fourth quarter of 2007. Project build-out is anticipated to
occur in 20 10, or sooner, based on market demand.
The westerly access location on Immokalee Road, and proposed County roadway
improvements were agreed to in a Stipulated Final Judgment (Case No. 03-0519-CA).
Each residential unit shall be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services shall be provided as deemed appropriate.
The developer of the Summit Lakes RPUD recognizes the need for interconnections
between neighboring properties/developments. The developer of the Summit Lakes RPUD
is intending to provide access via an encumbered portion of Woodcrest Drive, as well as
limited acceptance of "treated" storm water, and connections for potable water and sanitary
sewer utilities to the neighboring property to the south owned by Habitat For Humanity of
Collier County, Inc. Commitments for the provision of access and infrastructure will be
fonnalized through an agreement between the two property owners, and will be provided to
the County.
1,7 SHORT TITLE
This Ordinance shall be known and cited as the "Summit Lakes Residential Planned Unit
Development Ordinance".
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Agenda Item No. 8E
December 12, 2006
Page 153 of 205
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
Summit Lakes RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Summit Lakes RPUD shall be in accordance
with the contents of this Document, the RPUD-Residential Planned Unit
Development District, and other applicable sections and parts of the LDC in effect at
the time of the application for the type of development order to which the regulations
relate. Where these RPUD regulations fail to provide developmental standards, then
the provisions of the most similar district of the LDC shall apply.
B. This RPUD Document and RPUD Master Plan are tailored to provide specific
development standards for the residential product proposed by the developer.
C. 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 pennit application.
D. All conditions imposed and all graphic material presented depicting restrictions for
the development of the Summit Lakes RPUD shall become pari of the regulations
that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or exempted through the approval of a deviation stated
herein, the provisions of other sections of the LDC, where applicable, remain in full
force and effect with respect to the development of the land that comprises this
RPUD.
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Agenda Item No. BE
December 12, 2006
Page 154 of 205
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and uses of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TRACT "R"
TYPE
RESIDENTIAL
UNITS/FT.
968
ACREAGE:t
110.7
TRACT "RA"
RECREA TI ON AREA
o
3.9
TRACT "P"
PRESERVE
o
968
23.7
138.3
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of final plat or site development plan
approval, subject to the provisions of the LDC, or as otherwise permitted by this
RPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 968 residential dwelling units may be constructed on the total project area.
The gross project area is approximately 138.3 acres. The gross project density, therefore,
will be a maximum of 7.0 dwelling units per acre.
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Agenda Item No. 8E
December 12, 2006
Page 155 of 205
2.5 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation
from Section 6.06.01(0) of the LDC for local streets, and LDC Appendix B-2 and B-
3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design
Requirements for Subdivisions C.13.e. of the Administrative Code for Collier
County Construction Standards Manual adopted through Ordinance Number 2004-
66. Typical Street Section, B-4 and B-5 which requires 60 foot of right-of-way (See
Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The
rights-of-way shall be private, and shall be classified as local streets.
B. Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
C. Tangents between reverse curves are not required for any local street design in this
RPUD. A deviation from Section III Exhibit "A", Design Requirements for
Subdivisions C.13.e. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance Number 2004-66.
2,6 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Document or RPUD Master
Development Plan, Exhibit "A", as provided for in the LDC. Minor changes and
refinements as described in Section 6.3.C. of this RPUD Document may be made in
connection with any type of development or permit application required by the LDC.
2,7 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas. and signs, shall be permitted principal uses
throughout the Summit Lakes RPUD.
8 Temporary use pennits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of oaf the LOC. However. the Summit Lakes RPUD may have one model
home representing each type of residential product. The number of model homes
may exceed five. but shall not exceed a total of sixteen. A deviation fi'om LOC
Section 5.04.04.8.5.c. that limits the total number of model homes in a single
development to five.
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Agenda Item No. BE
December 12, 2006
Page 156 of 205
C. The existing single-family principal structure may be used for a temporary sales
center, and construction operation/management offices, and may be served by the
existing well and septic systems. Such use of the existing single-family structure
shall be in compliance with all applicable federal, state and local laws and permitting
procedures.
D. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
E. A portion (no more than 1/3 of the gross floor area, not to exceed 2500 square feet),
of the clubhouse facilities may be used as a permanent sales facility to be utilized to
market residential products, including the re-sale of residences within the boundaries
of the Summit Lakes RPUD.
2.8 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may be
approved subsequent to zoning approval. SDP application(s) for the clubhouse and related
facilities may be submitted concurrently with applications for improvement plans to depict
the location of the clubhouse and related facilities within a future platted tract. If access,
drainage and utilities are available to serve the clubhouse facilities, the SDP may be
approved before the improvement plans for the subdivision are approved. The clubhouse
and related facilities shall be located on a tract that will be platted.
2,9 EXISTING STRUCTURES
The existing principal structure within the RPUD boundaries may be retained, and utilized
for temporary uses as set forth in Section 2.7 of this RPUD Document. The existing
structure may be retained through the construction and platting phases of the development.
2.10 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Summit Lakes RPUD requires a permit from a
local, state, or federal agency with jurisdiction over the property proposed for development,
the developer shall obtain such pennits prior to final development order approval.
2,11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the Conservation and Coastal Management Element of the GMP, and the LDC;
a minimum of23.60 acres are required to be retained or replanted.
Native vegetation areas shall not include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
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.L\genda Item No. 8E
December 12, 2006
Page 157 of 205
The RPUD Master Plan depicts two Preserve Areas that shall be platted as a Native Preserve
Tracts. The 23.7-acre Preserve Area depicted shall consist of native vegetation.
Approximately 1.47 acres of the proposed preserve will be recreated native habitat.
Native preserves shall have an average fifty-foot (50') width, with no less than twenty feet
(20'). The design, area, and configuration of the native preserves may be modified from the
depiction on the RPUD Master Plan. However, the remaining native preserves shall not be
decreased below 23.6 acres in total area.
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Agenda Item No. BE
December 12, 2006
Page 158 of 205
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identifY specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Residential development
and supporting infrastructure, perimeter land use buffers, as well as signage shall occur
within this Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 968 dwelling units.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
]) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence).
2) Single-family detached dwellings.
3) Multi-family dwellings including mid-rise, coach home and garden
apartments.
4) Project sales and administrative offices, which may occur in residential,
and/or in temporary buildings (See Section 2.7 of this RPUD Document).
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools, with or without screened enclosures, and other outdoor
recreation facilities:
Model homes (See Section 2.7 of this RPUD Document).
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Agenda Item No. BE
December 12, 2006
Page 160 of 205
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SlNGLE- SINGLE- MULTI- CLUBHOUSEI
STANDARDS F AMIL Y F AMIL Y F AMIL Y RECREATION
DETACHED ATTACHED
TOWNHOUSE
PRINCIPAL STRUCTURES!' 2, 3, 4
MINIMUM LOT AREA 2,250 S.F. l,250 S.F. 1 ACRE lO,OOO S.F.
MINIMUM LOT WIDTH 40 FEET l6 FEET l50 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. l,OOO S.F. 1,000 SF N/A
MINIMUM FRONT YARD 20 FEET 20 FEET 20 FEET N/A
MINIMUM SIDE YARD 7.5 FEET o FEET or 15 FEET or N/A
6 FEET Yz BH
MINIMUM REAR YARD 15 FEET l5 FEET 20 FEET N/A
MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MINIMUM DlST.
BETWEEN STRUCTURES 15 FEET >20' or >20' or N/A
;'2 BH IhBH
MAXIMUM BLDG. HT.5
NOT TO EXCEED 35 FEET 40 FEET 45 FEET 35 FEET
ACCESSORY STRUCTURES1.2,3,4
FRONT S.P.S. S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S S.P.S. l/~ BH
REAR (A TT ACHED) 5 FEET 5 FEET 5 FEET lO FEET
(DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET lO FEET
MINIMUM DlST.
BETWEEN STRUCTURES l5 FEET 12 FEET 15 FEET or 15 FEET or
;10 BH Yz BH
MAXIMUM BLDG. HT.
NOT TO EXCEED 35 FEET 40 FEET 35 FEET 35 FEET
S.P.S.: Same as Principal Structures
BH: Zoning Building Height
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Notes:
1) The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement: however, no structures are permitted in the required, 20-
foot lake maintenance easement.
2) For all residential units, garages shall be located a minimum of 23 feet from the back of
the sidewalk closest to the garage. exceptfor side load garages, wherein a parking area
23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being
parked across a portion, or all of the referenced sidewalk.
3) All residential principal structures shall maintain a minimum 85 foot setback from the
back of the curb of the travel lanes on lmmokalee Road in its 6-lane configuration
4) Firewall protrusions into required yards are permitted up to three (3 ) feet.
5) Entrance features (i.e.: clock towers and colonnades) shall be limited in height to no
greater than 50feet, and shall be permitted associated with the proposed privacy/sound
barrier on the north property boundmy.
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Agenda Item No. BE
December 12, 2006
Page 162 of 205
SECTION IV
RECREATION AREA
4,1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Structures intended to provide social and recreational areas.
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features.
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at the
time of the request for such use.
B. Accessory Uses:
I) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance,
storage or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Condominium,
and/or homeowners' association boundaries shall not be utilized for determining
development standards. Development standards for Tract RA are contained in Table II in
this Document. There shall be a minimum 20-foot separation between recreational
building(s) from all residential units.
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Agenda Item No. BE
December 12, 2006
Page 163 of 205
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose
of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, state and
federal permits, when required:
A. Principal Uses:
1) Nature preserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails. boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by the appropriate pemlitting agencies.
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0:\2003\030008.00.00 Waterways at 11llIllokalce-Rezonmg\0002 Rczoning\Sullllllit Lakes RPUD 11-21-06(StatTre\)c1ean.doc
Agenda Item No. 8E
December 12, 2006
Page 164 of 205
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section ]s to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final
subdivision plats (if required), and all applicable state and local laws, codes, and regulations
applicable to this RPUD. The developer, its successors and assigns, shall be responsible for
the commitments outlined in this Document.
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD Document, as adopted, and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successors or assignee
in title to the developer, are bound by any commitments within this Document. These
commitments may be assigned or delegated to a condominium/ homeowners' association to
be created by the developer. Upon assignment or delegation, the developer shall be released
from responsibility for the commitments. Which commitments will be enforced through
provisions agreed to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions must be enforceable by lot owners against the
development its, successors, and assigns, regardless of turnover or not to any property or
homeowners' association.
6,3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase, such as final platting or site development plan
application.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
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l-\genda Item No. 8E
December 12, 2006
Page 165 of 205
6.4 SCHEDULE OF DEVELOPMENT
The development intent is to complete the subdivision in a single phase with construction
commencing in the fourth quarter of 2007, Project build-out is anticipated to occur in 2010,
or sooner, based on market demand.
6.5 TRANSPORTATION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FOOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FOOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first certificate of occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County Transportation Staff shall not be eligible for impact
fee credits. All required improvements shall be in place and available to the public
prior to the commencement of construction.
D. Road impact fees shall be paid in accordance with, applicable County ordinances,
except as may be modified by the Developer's Contribution Agreement for Summit
Lakes.
E. All work within Collier County rights-of-way, or public easements, shall require a
right-of-way permit.
F. Notwithstanding Case No. 03-0519-CA, all proposed median opening locations shall
be in accordance with the Collier County Access Management Policy (Resolution
No. 01-247), as it may be amended, and the LDC as it may be amended. The
County reserves the right to modify or close any median opening existing at the time
of approval of this RPUD \vhich is found to be adverse to the health. safety and
welfare of the public. Any such modifications shall be based on, but are not limited
to, safety. operational circulation. and roadway capacity.
G. Notwithstanding Case No. 03-0519-CA. nothing in any development order shall vest
a right of access in excess of a right-in!right-out condition at any access point.
Neither shall the existence of a point of ingress. a point of egress or a median
opening, nor the lack thereof. be the basis for any future cause of action for damages
against the Count)/ by the de'veloper, its successor in title, or assignee.
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Agenda Item No. 8E
December 12, 2006
Page 166 of 205
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. The County shall have no responsibility for maintenance of any such
facilities.
1. Notwithstanding Case No. 03-0519-CA, if any required turn lane improvement
requires the use of existing County rights-of-way or easements, then compensating
right-of-way shall be provided without cost to the County as a consequence of such
improvement.
J. If, in the opinion of Collier County Transportation Staff, a traffic signal, or other
traffic control device, sign or pavement marking improvement within a public right-
of-way, or any easement, is determined to be necessary, then the cost of such
improvement shall be borne by the developer and shall be paid to the County before
the issuance of the first CO.
K. Payment in lieu of sidewalks and bike lanes for Immokalee Road frontage shall be
required. The amount shall be determined using FOOT's 2004 Transportation Costs,
as amended. Payment shall be required within 30 days of approval of zoning
petition by the Board of County Commissioners, unless and appeal is filed.
L. Any noise wall, or noise abatement facilities, or structures shall be the sole
responsibility of the developer.
M. Upon being warranted by the County, the developer shall provide a fair share
contribution toward the installation and maintenance of a traffic signal at the
intersection of Woodcrest Drive and Immokalee Road.
N. The developer shall accept 5.9 acres of storm water from the proposed Woodcrest
Drive improvements.
O. In order to prioritize the through movement on Woodcrest Drive, both right and left
turn lanes shall be required for the project access point and compensating right-of-
way shall be provided without cost to the County upon plat or site development plan
approval.
P. An interconnection to the agriculturally zoned plant nursery to the west of the project
may be appropriate in the future should conditions allow. Therefore, a potential
interconnection has been provided for on the RPUD Master Plan. A shared access
point with the Agricultural Zoned undeveloped parcel at the n0l1heast comer of the
project is appropriate. The developer shall design and construct the shared access
with the appropriate development order application. Any necessary easements will
also be dedicated with the development order.
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Agenda Item No. 8E
December 12, 2006
Page 167 of 205
Q. The developer shall build a local road cross-section on Woodcrest Drive from
Immokalee Road to the southern boundary of the proposed Woodcrest RPUD.
1) If the right-of-way for the entire road is not available, the developer shall
construct the portion that has sufficient right-of-way. Where the right-of-way
is not available, the developer shall pay in lieu of construction within 30 days
of the right-of-way permit issuance.
2) Should the County approve a developer contribution agreement (DCA), such
agreement shall provide road impact fee credits for the design, construction
and permitting, including environmental mitigation, for the upgrade from a
local road to a minor collector road.
R. The developer shall dedicate to the County, at no cost to the County, and within 90
days of rezone approval, approximately 1.51 acres for Woodcrest Drive right-of-
way. This dedication shall not be eligible for road impact fee credits.
S. The County shall facilitate the developer's SFWMD Letter Modification to excavate
Immokalee Road Pond #2 for fill for the road bed wherein one-half of the generated
fill material will be utilized for the Woodcrest Road project and the remaining
portion may be utilized by the developer.
6.6 AFFORDABLE HOUSING
The development of this RPUD Master Development Plan shall be subject to and govemed
by the following conditions:
If a density of four (4) units per acre is exceeded, the additional density will be constructed
in accordance with the companion Density Bonus Agreement.
A maximum of 968 residential dwelling units may be constructed in the total project area.
This is based on a gross acreage of 138.3 acres and a maximum seven dwelling units per
acre. A density of up to 3.0 dwelling units per acre shall be developed in accordance with
an approved Density Bonus Agreement..
The following limitations and perfom1ance standards shall be adhered to:
A. No workforce housing unit nor gap housing unit (that is subject to the AHDBA), in
the development shall be sold by the developer to those whose household income has
not been verified and certitied to be between sixty one to eighty (61-80%) percent,
and between eighty-one to one hundred-fifty (81-150%) percent of the median
family income for Collier County, respectively. Such verification and certification
shall be the responsibility of the developer and shall be made available to the County
Manager, or his designee, for review, upon request.
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Agenda Item No. BE
December 12, 2006
Page 168 of 205
B. The developer shall provide potable water and sanitary sewer conveyance facilities
to benefit the Habitat For Humanity of Collier County's Woodcrest RPUD lying
immediately south of Summit Lakes on Woodcrest Drive. The provision of these
utility facilities will provide a cost savings to Habitat for Humanity of Collier
County, Inc. estimated to be approximately $365,000.00.
C. The developer shall contribute $1,000.00 for each market rate unit platted. The
$1,000.00 contribution for each market rate unit platted shall be a credit against any
affordable housing fee adopted by the County which may be applicable to this
project.
The developer has also committed to provide 100 additional housing units that would meet
the pricing guidelines for "gap" housing. These additional "gap" housing units shall not be
associated with the companion Density Bonus Agreement, and shall not be subject to the
provisions contained therein.
6.7 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to the
Engineering Review Services Department for review and approval. No construction
permits shall be issued unless and until Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit shall be required for the proposed lakes in accordance with the
LDC and South Florida Water Management District Rules.
C. The project shall obtain a surface water management permit from the South Florida
Water Management District prior to any site development plan approval.
6.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project shall be designed, constructed, conveyed, owned, and maintained in
accordance with applicable County ordinances and other applicable County rules and
regulations.
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0\2003\030008.00.00 Waterways at 1111lllokalee-Rezoning\0002 RezoninglSulllmit Lakes RPUD 11-21-06(Staffrev)c1ean.doc
Agenda Item No. 8E
December 12, 2006
Page 169 of 205
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County, and shall be billed by the County
in accordance with the County's established rates.
6.9 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and shall be subject to review and approval
by Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be similarly depicted on any plat. Any
instruments, plats, or plans creating conservation areas shall include provisions
imposing protective covenants per, or similar to, those found in Section 704.06,
Florida Statutes.
C. The developer shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to "listed species". Vv'here
protected species or their habitats are observed on site, a habitat management plan
for those protected species, or their habitats shall be submitted to Environmental
Services Staff for review and approval prior to final site plan/construction plan
approval.
D. The RPUD shall be consistent with the environmental sections of the Collier County
GMP, Conservation and Coastal Management Element and the LDC in effect at the
time of final development order approval.
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for the clubhouse facilities, the construction
operation/management office and model center. These structures may be constructed after
zoning approval.
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0\1003\030008.00.00 Waterways at 1111111okalee-Rezoning\0002 Rczoning\Sul11l11it Lakes RPUD 1 J -21-06(Staff rc\)c1eandoc
Agenda Item No. 8E
December 12, 2006
Page 170 of 205
6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted throughout the Summit
Lakes RPUD, except in Preserve Areas.
A. Privacy/sound barrier wall height: Privacy/sound barrier walls are proposed on the
Immokalee Road project boundary. The wall is proposed to be located on top of
perimeter berming rather than on existing grade. Deviation from LDC Sections
5.03.02.A.9. and 5.03.02.B. The privacy/sound barrier wall associated with the
Immokalee Road project boundary shall not exceed eight (8') feet. Deviation from
LDC Section 5.03.02.C.1.
B. Landscape plantings associated with the attached single-family residential buildings
shall comply with the LDC.
VI-7
0\2003\030008.00.00 Waterways at Immokalee-Rezoning\0002 Rezoning\Summit Lakes RPU D 11-21-06(StatT rev)eJeandoe
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Agenda Item No. 8E
December 12, 2006
Page 173 of 205
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the
day of
,2006,
by and between Waterways Joint Venture V (the "Developer") and the Collier County
Board of County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (The "Property"). It is the Developer's intent to construct
a maximum of 968 residential units (the "Units") at a density of 7.0 units per gross acre
on the Property. The gross acreage of Property is 138.3 acres. If the density on the
Property is maximized, the number of affordable-workforce housing units constructed by
Developer shall be 200 of 968 units, representing ~ percent of the total number of
residential Units approved in the development. The total number off affordable-
workforce housing units will be based on the number of bonus units constructed. Forty
eight and nineteen hundredths percent (48.19%) percent of the constructed bonus units
will be affordable-workforce housing, of which half of the affordable-workforce housing
Page 1 of 33
(Revised 11/16/06)
Agenda Item No. 8E
December 12, 2006
Page 174 of 205
units will be gap units and half will be workforce units.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) ~ 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 415 Bonus Units on the Property, if the Developer
agrees to construct affordable-workforce, and gap units as specified in this Agreement.
NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 3.0 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Aqreements. The Developer hereby agrees that he shall
construct 24.095% of the Bonus Units as workforce units and 24.095% of the Bonus
Units as gap units, not to exceed 21 % of the constructed residential density as
affordable-workforce housing units, which units shall be sold in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendices A
& B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by
reference herein and which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable, workforce
and gap Units:
(Revised 11/16/06)
Page 2 of 33
Agenda Item No. 8E
December 12, 2006
Page 175 of 205
(1) Defined terms: In the event of a conflict between terms as defined in the
LOG or in Ordinance No. 90-89, Section 4, the definitions of the LOG will control when
applying or interpreting this Agreement. I n addition to these defined terms and the
applicability of LOG S 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
G, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eliqibilitv and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2) verification
of family housing unit provided under the affordable, workforce, and gap housing
density bonus program prior to being qualified at the appropriate level of income (very
low, low, workforce, or gap income) in accordance with this Section; 3) certification of
eligible Owner by the Financial Administration and Housing Department.
The Developer shall be responsible for qualifying Owners by accepting
(Revised 11/16/06)
Page 3 of 33
Agenda Item No. 8E
December 12, 2006
Page 176 of 205
applications, verifying income and obtaining income certification for all affordable,
workforce, and gap units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the Financial
Administration and Housing Department. Qualification by the Developer of any persons
as an eligible Owner family shall be subject to review and approval in accordance with
the monitoring and enforcement program in LDC SS 2.06.05 and 2.06.06, respectively.
The Developer and Commission acknowledge and agree that once the developer
has delivered all affordable, workforce, and gap units contemplated under this
Agreement to approved purchasers, the Developer shall no longer be required to
provide progress and monitoring reports, and shall no longer be liable for enforcement
action under this Agreement.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a very low, low, workforce, or gap income family for the
purpose of owning and occupying an affordable-workforce housing unit pursuant to the
affordable-workforce housing density bonus program. The Preliminary Application for
affordable-workforce housing unit shall be provided to Collier County Housing and
Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and
incorporated by reference herein.
(b) Income Verification and Certification. No affordable-workforce housing unit
in the development shall be sold whose household income has not been verified and
certified in accordance with this Agreement and LDC S 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the affordable-workforce housing applicant
(Revised 11/16/06)
Page 4 of 33
Agenda Item No. 8E
December 12, 2006
Page 177 of 205
Income Verification form, including a statement to release information, occupant
verification of the return, and a signature block with the date of application. The
verification shall be valid for up to one hundred eighty (180) days prior to occupancy.
Upon expiration of the 180 day period, the information may be verbally updated from
the original sources for an additional 30 days, provided it has been documented by the
person preparing the original verification. After this time, a new verification form must
be completed. The affordable-workforce housing Applicant Income Verification form
shall be provided to the Housing and Grants Section as shown in Appendix B, Exhibit B,
attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for an
affordable-workforce housing unit and Applicant Income Verification form, the
Developer shall require that an income certification form be executed by the potential
occupant (including the entire household) prior to occupancy of the affordable-workforce
housing unit by the occupant. Income certification shall assure that the potential
occupant has an appropriate household income which qualifies the potential occupant
as an eligible family to occupy an affordable-workforce housing unit under the
affordable-workforce housing density bonus program. The affordable-workforce
Housing Applicant Income Certification form shall be provided by the Housing and
Grants Section as shown in Appendix B, Exhibit C, is attached to this Agreement and is
incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC 8 2.06.00, may be conducted
by the Housing and Grants Section upon reasonable notice.
(4) Annual Proqress and Monitorinq Report. The Developer shall provide the
Housing and Grants Section an annual progress and monitoring report regarding the
delivery of affordable-workforce housing units throughout the period of their construction
(Revised 11/16/06)
Page 5 of 33
Agenda Item No. 8E
December 12, 2006
Page 178 of 205
and occupancy. The annual progress and monitoring report shall, at a minimum,
provide any information reasonably required to insure compliance with LDC 9 2.06.00,
or subsequent amendments thereto. The report shall be filed on or before September
30 of each year and the report shall be submitted by the Developer to the Housing and
Grants Section. Failure to complete and submit the monitoring report to the Housing
and Grants Section within sixty (60) days from the due date shall result in a penalty of
up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30)
days is requested prior to expiration of the sixty (60) day submission deadline. No more
than one such extension may be granted in a single year.
(5) Occupancy Restrictions. No affordable-workforce unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or
affiliated with the Developer, or by a resident manager.
3. Densitv Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 4.0 units per acre, and is therefore granted a density
bonus of 3.0 density bonus units per acre, for a total density (total = density bonus units
per acre X gross acreage) of 7.0 units/ac, pursuant to LDC 9 2.06.00 The Commission
further agrees that the Developer may construct thereon, in the aggregate a maximum
number of 968 units on the Property provided the Developer is able to secure building
permit(s) from Collier County.
4. Commission Aqreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable, workforce, or gap Unit.
5. Violations and Enforcement
(Revised 11/16/06)
Page 6 of 33
Agenda Item No. 8E
December 12, 2006
Page 179 of 205
a. Violations. It shall be a violation of this Agreement and LDC S
2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable-workforce housing
unit provided under the affordable-workforce housing density bonus program except as
specifically permitted by the terms of this Agreement; or to knowingly give false or
misleading information with respect to any information required or requested by the
Housing and Grants Section or by any other persons pursuant to the authority which is
delegated to them by LDC 9 2.06.00. Collier County or its designee shall have full
power to enforce the terms of this Agreement. The method of enforcement for a breach
or violation of this Agreement shall be at the option of the Commission by criminal
enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedinqs.
Whenever it is determined that there is a violation of this Agreement or of LDC S
2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of
Violation shall be issued and sent by the appropriate department by certified return-
receipt requested U.S. Mail, or hand-delivery to the person or developer in violation.
The Notice of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable-workforce units in accordance with this Agreement or LDC S
2.06.00, as amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with LDC S 2.06.00, as amended.
6. Assiqnment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written notice
(Revised 11/16/06)
Page 7 of 33
Agenda Item No. 8E
December 12, 2006
Page 180 of 205
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in interest to the Property without the
express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severabilitv. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the Parties at the following addresses:
To the Commission:
Collier County Housing and Grants Section
2800 North Horseshoe Drive
Naples, Florida 34104
To the Developer:
Waterways Joint Venture V
15122 Summit Place Circle
Naples, Florida 34119
With copy to:
Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
Any Party may change the address to which notices are to be sent by notifying the other
Party of such new address in the manner set forth above.
(Revised 11/16/06)
Page 8 of 33
Agenda Item No. 8E
December 12, 2006
Page 181 of 205
9. Authoritv to Monitor. The Parties hereto acknowledge that the Collier
County Financial Administration and Housing Department or its designee, shall have
the authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any ownership
interest at any time and from time to time until this Agreement is terminated in
accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recordinq. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Aqreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable, workforce, or gap housing unit shall be
restricted to remain and be maintained as the required affordable, workforce, and gap
housing as provided in the LDC S2.06.04.
(Revised 11/16/06)
Page 9 of 33
Agenda Item No. 8E
December 12, 2006
Page 182 of 205
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable-
workforce housing unit, it must advertise sell, and maintain the same in a non-
discriminatory manner and shall make available any relevant information to any person
who is interested in purchasing such affordable-workforce housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable-
workforce units.
e. The affordable-workforce housing units shall be intermixed with,
and not segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable,
workforce, and gap housing units shall be the same as market rate dwelling units in the
development. All physical amenities in the dwelling units, as described in item number
seven (7) of the Developer Application for affordable-workforce housing Density Bonus
shall be the same for market rate units and affordable-workforce units. For
developments where construction takes place in more than one phase, all physical
amenities as described in item number seven (7) of the Developer Application for
Affordable-Workforce Housing Density Bonus shall be the same in both the market rate
units and the affordable-workforce units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities
for market rate units and affordable, workforce, and gap units are the same within each
(Revised 11/16106)
Page 1 0 of 33
Agenda Item No. 8E
December 12, 2006
Page 183 of 205
phase and provided that in no event may a market rate unit or affordable-workforce unit
in any phase contain physical amenities less than those described in the Developer
Application.
17. Phasinq. The percentage of affordable-workforce housing units to which
the Developer has committed for the total development shall be maintained in each
phase and shall be constructed as part of each phase of the development on the
Property. Developer commits to 24.095% of the Bonus Units being gap units and
24.095% of the Bonus Units as workforce units in each phase of the development of the
Property.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable-workforce housing unit or units,
which units in the development are designated as affordable-workforce housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable-workforce housing units and
the amount of affordable-workforce housing density bonus approved for the
development.
20. Affordable-Workforce Housinq Density Bonus Development Aqreement.
This Agreement is a distinct and separate agreement from "development agreements"
as defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Department the Developer Application for Affordable-Workforce
Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C
and incorporated by reference herein.
(Revised 11/16/06)
Page 11 of 33
Agenda Item No. 8E
December 12, 2006
Page 184 of 205
22. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in accordance
with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By: FRANK HALAS, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant County Attorney
DEVELOPER: Waterways Joint Venture V
15122 Summit Place Circle
Naples, Florida 34119
(Revised 11/16/06)
Page 12 of 33
Agenda Item No. 8E
December 12, 2006
Page 185 of 205
Witnesses:
By:
Witness
Printed Name
By:
Witness
Printed Name
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density
Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged
before me by Richard Davenport as President of Waterways Development Inc., as
General Partner of Waterways at Hibiscus, Ltd.. as General Partner of Waterways Joint
Venture V, who IS personally known to me or has produced
as identification.
WITNESS my hand and official seal this
day of
2006.
Notary Public
My Commission Expires:
(Revised 11/16/06)
Page 13 of 33
Agenda Item No. 8E
December 12, 2006
Page 186 of 205
EXHIBIT A
LEGAL DESCRIPTION
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
26 S.02017'02"E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT-OF-WAY
OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL
RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY THE FOLLOWING FIVE
(5) DESCRIBED COURSES:
(1) THENCE S.89058'17"E., A DISTANCE OF 398.07 FEET;
(2) THENCE S.02017'42"E., A DISTANCE OF 11.01 FEET;
(3) THENCE S.89058'17"E., A DISTANCE OF 385.13 FEET;
(4) THENCE N.02017'42"W., A DISTANCE OF 11.01 FEET;
(5) THENCE S.89058'17"E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE
EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 26;
THENCE CONTINUING ALONG THE SAID SOUTH RIGHT-OF-WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE
FOLLOWING TWO (2) DESCRIBED COURSES:
(1) THENCE S.020 18'21 "E., A DISTANCE OF 28.93 FEET;
(2) THENCE S.89058'17"E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02019'00"E., A
DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID
WEST 1/2;
THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57
FEET OF SAID SECTION 26, S.89059'07"E., A DISTANCE OF 660.42 FEET, TO
THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF
SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02019'40"E., A DISTANCE
OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-
OF-WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS
BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF-
WAY, N89059'47"W., A DISTANCE OF 30.02 FEET;
(Revised 11/16/06)
Page 14 of 33
Agenda Item No. 8E
December 12,2006
Page 187 of 205
THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT -OF-
WAY, S.02019'40"E., A DISTANCE OF 267.57 FEET;
THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT-OF-
WAY, S.89059'57"E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF
SAID SECTION 26;
THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02018'34"E.,
A DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH
1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 26;
THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.89059'40"W, A
DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL
LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83
THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT
PHASE FOUR, N.02018'18"W. A DISTANCE OF 668.59 FEET, TO THE
NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV
RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02020'55"W.,
A DISTANCE OF 286.14 FEET:
THENCE N.89059'21 "W., A DISTANCE OF 660.44 FEET;
THENCE N.02019'09"W., A DISTANCE OF 432.04 FEET;
THENCE N.88049'41 "W., A DISTANCE OF 663.54 FEET;
THENCE S.02018'26"E., A DISTANCE OF 350.83 FEET;
THENCE S.89058'59"W., A DISTANCE OF 658.43 FEET. TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
26, N.02017'02"W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 26,
THENCE ALONG THE SOUTH LINE OF THE SAID EAST l/2 OF THE
NORTHEAST 1/4 OF THE NORTH\VEST 1/4 OF SAID SECTION 26, N.89058'36"W.,
A DISTANCE OF 528.56 FEET.
THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH
1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
N.02016'13"W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE
SOUTH RIGHT-OF-WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846).
THENCE ALONG THE SAID SOUTH RIGHT-OF- WAY THE FOLLOWING FOUR
(4) DESCRIBED COURSES:
(1) THENCE S.89058'16"E., A DISTANCE OF 196.59 FEET;
(2) THENCE S.00oOI'44"W., A DISTANCE OF 21.00 FEET;
(3) THENCE S.89058'16"E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26;
(4) THENCE N.02017'02"W., A DISTANCE OF 28.91 FEET, TO THE POINT OF
RVf:1NNINf: nl=' Tl--Il=' P A Rrl:;'T T1l='<;:.rRTRl:;'T1 l-Tl:;'Rl:;'T1\T.
A..IA..J......____... '1.1- .........L ~ '-.J '-".I.. .L 1..LJ.....J ..L ..l. J....L"-'--'.L....I.L.....t .L....."-'--'''--''--'..L''-..L.LJ.L.J.LJ ..L .l.L..t.J.'\....L..t.l.l",
(Revised 11/16/06)
Page 15 of 33
Agenda Item No. 8E
December 12, 2006
Page 188 of 205
CONTAINING 138.3 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT.
(Revised 11/16/06)
Page 16 of 33
Agenda Item No. 8E
December 12, 2006
Page 189 of 205
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE-WORKFORCE
HOUSING UNITS/MONTHL Y BASE RENTS
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
WORKFORCE INCOME
(61-80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(Revised 11/16/06)
NUMBER OF UNITS
Single Multi
Family Family
BASE RENT
Single Multi
Family Family
100 of 968 units
or 24.095% of approved bonus units above base density
24.095% of approved bonus units above base densitv
100 of 968 units
or 24.095% of approved bonus units above base densitv
24.095% of approved bonus units above base densitv
Page 17 of 33
Agenda Item No. 8E
December 12, 2006
Page 190 of 205
LOW INCOME
(51 %-60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
o
(1) Base residential density allowed in this development 4.0 units/acre.
(2) Gross acreage 138.3 .
(3) Maximum number of affordable-workforce housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 415 units.
(4) Gross residential density of this development (including affordable-workforce housing
density bonus units) 7.0 units/acre.
(5) Percentage of affordable-workforce housing units pledged by the developer (as a
percent of the total number units in the development) 21 %.
(Revised 11/16/06)
Page 18 of 33
Agenda Item No. 8E
December 12, 2006
Page 191 of 205
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC 9 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable-workforce units within their development. Included in this Exhibit Bare
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for very low, low, workforce,
and gap income households in Collier County.
The affordable-workforce housing density bonus rating system shall be used to determine
the amount of the affordable-workforce housing density bonuses which may be granted for a
development based on household income level and percentage of affordable, workforce, and gap
housing units in the development. To use the affordable-workforce housing density bonus rating
system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an
annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (very low, low, workforce, or gap) of the
affordable-workforce housing unites) proposed in the development, as shown in Table A. Next,
determine the percent of that type of affordable-workforce housing unites) proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table A will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density.
These additional residential dwelling units per gross acre are the maximum affordable-
workforce housing density bonus (A WHDB) available to that development. Developments with
percentages of affordable-workforce housing units which fall in between the percentages shown
on Table A shall receive an affordable-workforce housing density bonus equal the lower of the
two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each
additional percentage of affordable-workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable-
workforce housing units. and which has an affordable housing density bonus rating of "four" will
receive an affordable-workforce housing density bonus (A WHDB) of 4.4 residential dwelling
units per gross acre for the development.
In no event shall the affordable-workforce housing density bonus exceed eight (8)
dwelling units per gross acre.
(Revised 11/16/06)
Page 19 of 33
Agenda Item No. 8E
December 12, 2006
Page 192 of 205
APPENDIX A. EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS RATING
MAXIMUM ALLOW ABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% median)
81-150%
Gap MI * * * 1 2 3 4 5 6 6 6 6 n1a
(Gap)
61-80%
Workforce MI* 2 3 5 8 8 8 8 8 8 8
51-60%
Low MI 3 4 6 8 8 8 8 8 8 8
50%
Very Low or less 4 5 7 8 8 8 8 8 8 8
MI
*Owner-occupied only
**May only be used in conjunction with at least 10% at or below 80% MI
Total Maximum Allowable Density = Base Density + Affordable-Workforce Housing Density
Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
(Revised 11/16/06)
Page 20 of 33
Agenda Item No. 8E
December 12, 2006
Page 193 of 205
APPENDIX A. EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the
median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2005
$63,300 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN F AMIL Y
1 2 3 4 5 6 1 8
150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150
80% 39, 100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 3 1 ,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMEl\'DED RENTAL RATES
The Florida Housing Finance Corporation (FHFq calculates rents to use in the State Apm1ment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTq programs.
The rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30(10 FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT U~IT UNIT UNIT
150% $1,961 $2.355 $2,720 S3.034
80% $1.046 $ 1.256 $ 1.451 S1.618
60% $785 $942 $1,089 $ 1.215
50% $654 S785 $907 $1.012
35% $458 S549 $635 $708
25% S327 S392 S453 $506
(Revised 11/16/06)
Page 21 of 33
Agenda Item No. 8E
December 12, 2006
Page 194 of 205
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
(Revised 11/16/06)
Page 22 of 33
Agenda Item No. 8E
December 12, 2006
Page 195 of 205
APPENDIX B. EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application:
Amt. Of Sec. Deposit:_
Co- Tenant Name
Present Address:
Race/National Origin: Handicap: Yes _ No_
Race/National Origin: Handicap: Yes _ No_
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street
City
State
Zip
Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
City
State
Zip Telephone No.
Name of Previous Landlord
Street
City
State
Zip
Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Job Title
Gross Salary: Hourly S _ Weekly 5;_ Every 2 Weeks S
Monthly $
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Birth Date
Job Title
CO- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer:
Gross Salary: Hourly $ _ Weekly $
Job Title
Every 2 Weeks $
Monthly $
(Revised 11/16/06)
Page 23 of 33
Agenda Item No. BE
December 12, 2006
Page 196 of 205
Social Security Number
Previous Employers Name
Address and Telephone No.
How long with Previous Employer
Birth Date
Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX M:ill. SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCES (Not Relatives)
1. Name:
2. Name:
Address:
Address:
How Long Known:
How Long Known:
(Revised 11/16/06)
Page 24 of 33
Agenda Item No. 8E
December 12, 2006
Page 197 of 205
APPENDIX B, EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
Co-Tenant's Name: :
Telephone No.
Social Security Number
Social Security Number
Present Address:
Street City State
I hereby make application for a single family unit at
I hereby declare and reveal all 0 f my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this fonn is cause for refusal of occupancy.
Zip
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to buy an affordable, workforce, or gap housing unit. I understand
that I am not required to surrender my ownership or rights or claimed property, pensions or
capital gains, etc.
Applicant
Amount Frequency
Received of Pay
Wages/Salary
Bonuses
Tips
Commissions
Interest Income
Trust Fund Income
Unemployment
Workman's Compensation
Welfare
Food Stamps
Social Security
Social Security Disability
Supplemental SSI
Family Assistance
Child Support
Veterans Benefits
Widows Benefits
$
S
S
5>
$
S
S
5>
S
5>
$
$
5>
S
5>
5)
$
(Revised 11/16/06)
Page 25 of 33
S
5>
S
$
S
5>
S
$
$
5>
$
S
$
$
S
S
S
Co-Occupant
Amount Frequency
Received of Pay
5>
$
S
S
S
$
$
5>
5>
$
$
$
$
S
S
S
S
$
$
$
$
S
S
$
$
$
$
$
$
5>
S
S
$
S
Agenda Item No. 8E
December 12, 2006
Page 198 of 205
Union Pension $ $ $ - $
Self-Employment Business,
Silent Partner, etc. $ $ - $ - $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT.
(Revised 11/16/06)
Page 26 of 33
Agenda Item No. BE
December 12, 2006
Page 199 of 205
APPENDIX B. EXHIBIT C
AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer:
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2006.
(notary seal)
Notary Public
My Commission Expires:
E.MPLOYER CERTIFICATION
(Revised 11/16/06)
Page 27 of 33
Agenda Item No. 8E
December 12, 2006
Page 200 of 205
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_. Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced
identification.
as
Witness my hand and official seal this
day of
,2006.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE- WORKFORCE UNIT.
APPENDIX C
(Revised 11/16/06)
Page 28 of 33
Agenda Item No. 8E
December 12, 2006
Page 201 of 205
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS
Pursuant to LDC 9 2.06.01 please complete this form and submit it with any accompanymg
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Housing and Grants Section.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each; PUD, 138.3 acres
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes
No
If yes, state date of application 10/31/03 and if the request has been approved, state the Ordinance
number N/A.
3. Gross density of the proposed development. 7.0 units/acre.
Gross acreage of the proposed development. 138 acres.
4. Are affordable-workforce housing density bonus units sought in conjunction with an
application for a planned unit development (PUD)? X Yes _No.
If yes, please state name and location of the PUD and any other identifying information. Summit
Lakes RPUD, located in the n011hwest half of Section 26, Township 48 South, Range 26 East,
approximatelv lJ2 mile east of the intersection of Collier Boulevard (CR-95I ), and Immokalee Road
(CR-846).
5. Name of applicant Waterwavs Joint Venture V
Name of land developer if not the same as Applicant: Same
(Revised 11/16/06)
Page 29 of 33
Agenda Item No. 8E
December 12, 2006
Page 202 of 205
6. Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development
Type of
Unit
Rental
Owner
Occupied
Efficiency
One Bedroom
Two Bedroom
Yet to be determined
Three Bedroom
Yet to be determined
Other Bedroom
TOTAL
968
T ABLE II
Number of Affordable-Workforce Housing Units
Total Number of
Affordable- Work-
force Units
in Development
Proposed Use for
Density Bonus Units
Owner
Rental Occupied
Rental
Owner
Occupied
GAP INCOME
81-150% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
In accordance with LDC Section 2.06.03.0. - All owner
occupied
(Revised 11/16/06)
Page 30 of 33
Agenda Item No. BE
December 12, 2006
Page 203 of 205
WORKFORCE INCOME
61-80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
occupied
In accordance with LDC Section 2.06.03.D. - All owner
LOW INCOME
51-60% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
-L
-L
(Revised 11/16/06) Page 31 of 33
__,_,,~...~__..._. ._ . .w__>>.....".~._____.~__._."..
Agenda Item No. 8E
December 12, 2006
Page 204 of 205
VERY LOW INCOME
50% OR LESS MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~
~
7. Please provide a physical description of the affordable-workforce units by type of unit (very low
income, low income, workforce income, gap income) and by number of bedrooms. Include in
your description, for example, the square footage of each type of unit, floor coverings used
throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such
as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust
fans; and any other amenities as applicable. Attach additional pages as Exhibit "0" if needed.
All homes in Summit Lakes, including the homes reserved for affordable-workforce income
purchasers, will share many common features:
* Solid concrete block construction with wood infill panels in limited areas of the second
story.
* Durable compressed concrete tile roofs.
* Desirable concrete paver driveways, walks and entries.
* R-19 fiberglass insulation in all attics; R4.1 in exterior walls.
* Ceramic tile flooring in all kitchens, baths, and laundry areas.
* Carpet over hypoallergenic pads in living and bedroom areas.
* European style kitchen cabinets with fully adjustable shelves
* Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal
* 13 SEER high efficiency air conditioner with strip heat.
* Aluminum framed windows and sliding glass doors.
* Metal clad entry door with dead bolt lock.
* Pre-wiring for cable television and telephone
* Digital perimeter security alarm system.
(Revised 11/16/06)
Page 32 of 33
Agenda Item No. 8E
December 12, 2006
Page 205 of 205
The homes reserved for affordable-workforce housing purchasers will be two and three
bedroom, two bath units in multi-family or single family attached buildings. Each home will
be owned by the purchaser.
All of the Summit Lakes homes will have complete yard service and periodic exterior painting
provided for by the Summit Lakes Community Association. The montWy homeowner's fee will
also cover the cost of basic cable television service, alarm system monitoring, maintaining the
gated entries, common areas and a community clubhouse where residents and guests may swim,
play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is
anticipated to be approximately $165 per month.
8. Please supply any other information which would reasonably be needed to address this request
for an affordable, workforce, and gap housing density bonus for this development. Attach
additional pages if needed.
(Revised 11/16/06)
Page 33 of 33
Agenda Item No. 8F
December 12, 2006
Page 1 of 69
.-'
SUPPLEMENTAL 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:f: 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 ofrRattlesnake-
Hammock Road (CR-864), in Section 10, Township 50 South, Range 26 East, Collier
County, Florida.
Companion to PUDZ-A-2006-AR-9021 LASIP CONSERVATION CFPUD
OBJECTIVE:
_.
This supplemental to the Executive Summary is to clarify the intent of petition PUDA-
2006-AR-9576 Homes of Islandia which is a companion item to PUDZ-A-2006-AR-9021
LASIP Conservation CFPUD. Basically, both petitions are separating The Club Estates
(Ordinance 99-31) into two PUD's. The petitioner for Homes ofIslandia is also amending
the PUD to change the name from The Club Estates PUD to Homes of Islandia RPUD,
reduce the permitted number of residential units from f0l1y-nine (49) to twenty-eight (28)
residential units as well as remove a recreational tract and a refuse collection site.
CONSIDERATIONS:
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 Storm water Improvement Project (LASIP).
3. Provide the County with an affidavit that confinns 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
CCPe. Staff arranged a meeting with County Engineers to resolve the issue. Engineering
- staff maintains their position that the development has a SFWMD pern1it with a control
elevation of 9.0' NGVD. The regional stonnwater management improvements (LASIP)
that are proposed for this area's drainage outfall include construction of a weir with a
control elevation of 9.4' NGVD. LASIP has been pennitted by the SFWMD and United
PUDA-2006-AR-9576 Homes of Islandia
Page 1 of 2
Agenda Item No. SF
December 12, 2006
Page 2 of 69
States Army Corps of Engineers (USACOE). The developer needs to modify its water
management control structure, and permit, to comply with the anticipated 9.4' NOVO
downstream control elevation.
Staffs analysis of the Engineering staff recommendation should be addressed during the
review of the frrst Development Order and not during the Zoning phase.
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 excluding
# 2 of the recommendations.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
.,,-..
,,-..
PUDA-2006-AR-9576 Homes ofIslandia
Page 2 of2
Item Number:
Item Summary:
Meeting Date:
Aaenda ltel11 No. SF
December 12, 2006
Page 3 oi 69
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8F
Thos Item to be heard betore Companion Item 8G PUDZ-A-2006-AR-9021 LASIP
Conservation CFPUD. This item was continued from the November 28,2006 Bee meeting
and is requested to be continued indefinitelY. 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 "'CP, of Planning
Development Incorporated. requesting a PUD Amendment to change the Club Estates
Planned Unit Development (PUDj to Homes at Islandla Resldenlial Planned Unil
Development (RPUD). Tile proposed amendment seeks 10 remove 99 acres from Ihe anginal
PUD, reduce the number of allowable dwellmg 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 af Collier Boulevard (C R ~)51), approxImately 1 mile north Of Rattlesnake-
Hammock Road. in Section 10, Township 50 South, Range 26 East, Collier County, FlOrida
(Companion to Item 8G PUDZ-A.2006-AR-9C21 LASIP Conservation CFPUD )
12112/2006 900:00 AM
Principal Planner
Date
Prepared By
Melissa Zone
Community Development &
Environmental Services
Zoning & Land Development Review
11115/200610:06:03 AM
Approved By
Date
Marjorie M, Student-Stirling Assistant County Attorney
12/1/2006 8:J3 AM
Approved By
County Attorney County Attorney Office
Constance A. Johnson
Community Development &
Environmental Services
Date
Operations Analyst
Community Development &
Environmental Services Admin.
12/4120069:59 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental S~rvices
Community Development &
Environmental Services Admmstrator
Date
Community Development &
Environmental Services {"drnin.
12/4/20063:14 PM
Approved By
Administrative I->..ssistant
Date
OMS Coordtnator
County Manager's Office
Office of Management & Budget
12/5/20068:09 Art':
Budget Analys.t
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Buaget
1215(20069:5.:1 AM
Approved By
County Manager
[Jate
James v. r\fl udd
Board of County
Commissioners
County MarHl:g€.C'r's Office
1215/20067:07 P!\/'t
Agenda Item No. 8F
December 12, 2006
Page 4 of 69
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
155.3:1: 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.
CONSIDERA TIONS:
The proposed petition intends to remove the southerly 99.3 acres from the PUD as well as
reduce the pelmitted 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 T 1" which \vas 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 wi]) 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
Page 1 of 5
Agenda Item No. 8F
December 12, 2006
Page 5 of 69
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 Mana2ement 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 oflslandia
Page 2 of 5
Agenda Item No. 8F
December 12, 2006
Page 6 of 69
· 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 Depar1ment 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 staffs 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 CUlTent 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
amendn1ent necessary.
PUDA-2006-AR-9576 Homes of Islandia
Page 3 of 5
Agenda Item No. 8F
December 12, 2006
Page 7 of 69
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 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.
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. COlTect the language in the RPUD document for redundancy.
5. Provide the Board of County Commissioners a cunent 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 CUlTent walTanty 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 pennits of the new regional weir proposed and permitted tor LASIP. The
applicant claims that the project has been permitted by SFWMD and that they don't intend
PUDA-2006-AR-9576 Homes of IsJandia
Page 4 of 5
Agenda Item No. 8F
December 12, 2006
Page 8 of 69
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 Pinal 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
SPWMD 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 (BCe) approve petition
PUDA-2006-AR-9576 Homes ofIslandia RPUD with the CCPC's stipulations.
PREP ARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
PUDA-2006-AR-9576 Homes of Islandia
Page 5 of 5
MIOhtfQI;R-g,~rht1hge~,<AI(::P
PI~.~fflh9P~~9!i~.I~6,i;i~~ri?8$i'!<id
61 i~~,c:!?~~91!9.;;t?rl'1$,-~,(Jjt()2
Nqplp~,FI6rida34tQ3
ORIG INALDQCQf\!1SNIJ?At$ 03/C.1{06
REVI$lQN/qA]~ 08/01106
DATl;tll;E,D
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibif"A"
TABLE OF CONTENTS
.HtaMES,0'R,jISlfANal~
A R.., ESlbENT:rATIptANt~J'EDUNlfDEVELOPMENT
....... ,. ,..... ~ ....., "' ...' . .- . "---' " -- (
R8ER1\BED)_F~0R~
. --....",...' .', ',.
T:tH E~CL:tI BEstAIES:11 "l:LC
.'. "'; ".."':;P""'~'Q~'i:c,,"'c;.~"''''<';{^Ji^.-~'
20a3"R.,. .X)ENJIiR\.o;..Y
..NAF€L6S;'j:EtQ-Bn$^t'-~-1;109...
RgE;P~.R~P-~Y.:
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION .... lL
PROPERTY OWNERSHIP AND DESCRIPTION
.- .- ..
PROJECTDEVELOPMEN::f-HEQUI REMENTS
Agenda Item No. 8F
December 12, 2006
Page 9 of 69
PAGE
Ii
SECTION m-li lOW DENSITY RESIDENTIAL AREA PLAN
SECTION W 111 COMMONS AREA PLAN
SECTION M IV CONSERVATION/PRESERVE AREA PLAN
SECTION Ml VI DEVELOPMENT COMMITMENTS AND-DEVIATioNs
Agenda Item No. SF
December 12, 2006
Page 10 of 69
Agenda Item No. 8F
December 12, 2006
Page 11 of 69
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
Agenda Item No. SF
December 12, 2006
Page 12 of 69
STATEMENT OF COMPLIANCE
Thf?c.~(3\,elC?pment of approximately 155.3 acres of prC?perty. i.ngoHi~r9C?~nty. as a
R,~$.iae.nti~! Planned Unit Development to be known as HqME:S.@F.qSLANPIA; will be in
compliance with the goals, objectives and policies ,?fS?lli~r County as setJorth In.~h~
Qr<?'Nth ~anagement Plan. The residential and acce~$()fy facilities of HqM.~$/05
ISL-ANPIA 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:
Residential Project
1. The subject property is within the Urban Resid~ntia.l~andYse I)e~ig!lati()~
as.i~t~!:1tified. on the. Future Land Use Map ~~.:reqi.iirodjh:'Opjootl~/b-'t,
PolIc:1-5.1~irid' POHoy5.3 of the Future Land Use Element.
2::~
2. The project development is compatible al'!d cOl11pl~menta.ry ~o e~tsting and
future surrounding land uses as required by P6Iicv5;4of' .... ..
<'the Future Land Use Element.
3. Improvements are planned to be in compliance with the Land
Development Code as set forth by the Future Land Use Element.
4. The project development will result in an efficient and economical
extension of community facilities and services as required by the Future
Land Use Element.
5. The project development is planned to incorporate natural systems for
water management in accordance.. Vv'ith . their. natu_ral. functions. and
capabilities as m:iybo required by Ob;ective1.5 of inrogulations roquired
Wthe Drainage Sub-Element of the Public Facilities Element.
6. The Residential Planned Unit Development includes open spaces and
natural features which are preserved from future development in order to
enhance their natural functions and to serve as project amenities.
7, The projected gross density of 0.18 d.u. per acre is in compliance with the
Future Land Use Element of Growth Management Plan based on the
following relationships to required criteria:
133,6.ePonsity: 28 d.u. ..
proJoct3re.:l: m 155.3 Aores
28d.u.!155.3 f,c :-0.18 d.u./Ac.
ii
Agenda Item No. 8F
December 12, 2006
Page 13 of 69
..: .... ...................-MaXirriUiri...boh~It:I\\flic::h.....m~yp~~'rrSqu~QtQPS:.~.-3d~yJAb~
BaSi'~!een-sitv;L.;6;,'i,:>.;,"ii2;.:,:;.;E;,A';.j3;;Si;4~();,;Ql:JJA..E[;.:~
;~~~~~I~~~~t;'~i~~~~~=~~
.......{.Ellg1 I:>je.lDensit~.....;.........._.hY>.....;...'.!.X).\;;...l-,.,'?':~;;4,,6..D.liJA
,-'j~.~". ..... .."'~,.,''''..e:TrS''...".r,~';:l~l-;;,{i-;.:-i,',;;;.":::1;;";;;;'~'.. ......-.,. :"T -,' .. .... ... "... ....... ..', :..."".'.".:."".:"".-
_ .:;,,' PrODosea ':uensltv..,. 'c.,;.....,'.,.:...,;,O.i18,DU A{28D Us ],155 ;3"acres)
iii
Agenda Item No. SF
December 12, 2006
Page 14 of 69
SECTION I
PROPERTYOWNIERSHIP<.4\.NP.DI;$C,RIPTIQN LeaaliDescription
.......\pLJRPOSE
~~Wlk~t;~;~ijr~~~~~t~;~;I!i~~ti~i~1Ii~~~~ji~e~r~~i~~'!~~t~~~
ciovelqpodqnd e{tho.prpjoOL OOrrioofHQM,E:S~QF'1 SL:;t\NDII\;.
1.1 LEGAL DESCRIPTION
The subject property beingt55.3 acres, is described as:
The South one half ot the South one half of Section 10, Township 50 South,
Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00
feet for County right-ot-way and/or Utility Easements, as appear in those certain
deeds and instruments recorded at O.R. Book 1952, Page 2219.
PROPER1"V.'O\^iNERSHIP.
=l=h~.dcV9Iopn'lOntis ..6 ,1Q,14.i17,C18,?1, ..~l1d,44<ar(3 ...cufr~nt'Y~I1<:fer;th9
o'.ypersnip of Tho Club EstateE II, J..LC,2098TrQde-C~ntor\N5Y:Naple$-;'RI9rida
3410 g:
Lgts ji~,?Q ,i1.t1.3 ,,1519 ;?~, <. ?f5g~()f!he);;l./pJ~6tTpf9P()[tY()rqq4rr9nilyyh~~r
th~,;O'llf1 ~.F~nip.....qf.thO.....91~b.'Est:it~~_'g'hG,.~H39...NQttb'R69b2Et().r"RR~2,;":glq"'~Wl..
Michigan,L;~1801. 7 ....anc19re ....11T1de rn'cpfltraot. t9.:,pq,~b;:lPO'IJYTh9..yIYq.;-l::~t~tq.~JI;
~Lg ,go3,&IXqdo .Sontor'tlo.y,Naple~.:florid:r.31~Q9. Tho_bql:1nOoi()ft~'Q'SUpjAAt
proportyis,d eve lo!)e d asoqm mO n ... infra~tructuro,op oncpacQ .nridprosefYos'dnd
isunderunifioctcontrolby thOdovOlopor.
:r*-&-e.e'/~loPI11 ontiscurrentlv .u nd orthe--eWAe,rship..o ndunifieddontrOI of Tho
Club Ectatesll. LLC. 2038TradeCenter\^/:1'I.N3ples, Florid:t.311 09 and The
ClubEctdtos, 'LLC.
1.2 GE-NERJl,,'-OESCRIPTION OF.PROPERTVARE-A
Thoprojoor.$ito. ic. 'locatedinthO<South )4ofSoctions10 31'19 ..15,Tow6sh,ip ;.S.Q
South, Range 26 East. ... Genor:tlly,-theprojoctislocatod gnthqwestfi.ideOfCR.
~~proximatoly ono mila north .ofRattl08n:tkoH3mmoGKR9ad.Tho,~o~
d3ssifjcatfGA-0f-tfle--eR~n:t1155.8 . acre. property pr-ier--tG--tflo d3toof theorfgina~
PUD Ordinnnco 3pproV31 'Nas Rur:tl /\gricultural.
1-1
Agenda Item No. 8F
December 12, 2006
Page 15 of 69
1.3 .....iPHYsicALbesCR1PTioN
illll!lflll.1ii1ii~~ill!~li~l~lJi
~~~~r.W~lrgfCR:95j:;h[p()'pfojQbt.J~]QC~tijCl:'lnJho.G.'.'4:C5rf~I'Qfi:ilnQgi3.__:~ij~hi:
Ilillillii~~~ii!~tlI1~t~illil~~iiiiJ~
to Firn1'Mifs12d067'0606Eana '1'20.0.6704160:
....,..... P....... ... .. ...... .....,....... ........,.... .... . ......
.. ..1 .
~~~fl~~;rjb;'OIs~&f)1>~SrtiJii~~i~j['il~riillii~IZij(S~i;~C'~A~j\p;)~frijfi""s~Ntglifij~
~...~ar-.b:;1Q5i4.\
...JJ......,...... ....'
1.2 PROJECT DESCRIPTION
T.........h.....e........ c..o....m..... p..le. ted. . project will be a private gated community c..o...n.. s.i....s.....tin.....g..o. f.......a.......
..m....'... 8.....d'.?'.J.m.....'.'..:.u.... m."..,....'..'..............o......f....... 2...8....,... .residential lotsand two. i. n.t.er...c. ..0.r1. n......ected lake..s .1()...C., 'a...'. t.e'........d............... w..'.ltn.. ..1.n..............8...
Gglx{rnR'rj.:pres.e,&~.. The lots and lakes wil{beare located interid'ffoa On.both
side'sattPG perimeter access road. Each lot will have a permanent concrete
block or stone retaining wall surrounding the lot and driveway.
1 .4 SHORT TITLE
This Ordinance shall be known and cited as the "HOME$OFISLANDI.ARPUD,"
1-2
Agenda Item No. 8F
December 12, 2006
Page 16 of 69
LLCDO'l
COOCD
,'"''''''''Ow-
'\10
-r-
.'-l.-
C'-
O)L..<D
_<DOl
-..om
mECL
"00)
c ()
0) 0)
~O
tRA'e:); DEl.'ELOP.MiNTTYPE UNIJS!S;F~ AREA:
\,-; -" 1':...., ,-. ,: ,-,.... "', .....
b SJN~l_.E.R/\MILYt~OTS ~ 44~Q'A'Q
;...., ,"!, -.:~.~" ".:
rf#fr CQt.lJSERYAl!c)'~~BE~ NtA ;.6a:Q_'!~C
~ 12^'Kg$'<^Ng'GQ'N.g5B\"^:PI@~r'^ ReA ~ '30;Q~;1~C.
.,;' ~:;_:~."'.'_ ,,,' ,_. ::~~~~i':',;',*;,*'",::: ...:::.~, ,~.~~. :'__:,-",,,.:,,, _ .',"' ":,' ._~~.:~::."" ," .. : ':" :.~ ~:" -:' , :.~
g gQl{I;)S1/RIGFI+"QJ;f\^t A~ NfA :12:;Z~1\e
, 'c":" """:'_~II..::.,:. : I,' :,,.,;: ". :::,," ,:" ;','.:', " :::.::,~:::~,,:-,'-~"'-: .: . '-, ." :, ::..": ~
+I:J IURf:'t]~ANE NfA Q;tt-C
TOTAL; "1 65:S?\C
.-;. -,: ,..-."
..k..n......-....~.'_...~..t).......'..~.'......~.~...'...-.....I.~..t."...I..,~...........f'..P..~.....;a:...................~...................~.......o...................:~.......n............'.o'...:......_......'........'...,.'._a..............r.....1..9.'.U..,........'.'.c........'.;...t1......'...,r......o.."..'.g...~.........................3....d......n............2..................~.... p...........e.................~...........i...:f.............!.....c..:.............c..........i,t......o...'........,.m..........~.........>s..'....._.....:....'s.'...'...~.... ...9\.....'n.......... In.E..x........ b....Ib..."....'.i.t...,..~.:(I.~..~...",.,G. UPI1
... '.. ..... .' ....... --".h90ds~~r)'.'(\.I1J IIti;,ptlvaiqJ<:&$m:iplll;)Iic-;oto.) .... shal L bOOCt3bl ishea
vilt61110fri1p89 'tho \!QfiOLiETfactEas~mClYQ6hop~~~'<:itY~
2:4..' bESCRIPTIONOFP~ojECT[jEN$ltYORINtENSITYOFt.ANDUSE
~h~t9t~IPrQjOprp,fqa~Th9.9f9f>~pro)92t)1.r(3~..i~-t6p.390"r.oC.Th6 ..gr()~~..p'r~
donsity, thorefere,'NHI bohri1aximumotO :18uriitcpor oOrc);
2.6. .............. RELA TED PROJECT PLAN AP.PROVALREQUlREMENTS
Agenda Item No. 8F
December 12, 2006
Page 18 of 69
c~:.
~tl!li~i!i~j~~~l~~i~~~!!t~f?~~~~~~I~~;~!u~I~~I~~];it~i~,~2i
I..~ n~ ;.;l~,~prQYlgG.g:Jn;9~lq.Gh~pt~LPnQrJQthoJ~~l,Janocpf'::l: bq IlqJngpflrmlt
d.2iQttlq"r.'~,~y!Ugpmpni.'.'o:tc:fef~
0:./.
. "., , ..- -','
fi'h'dt~f~~t(f[i:;n-Y{'P~rti6H:6f:tbc~'trtf~1"~H:'p,$r,odi~' ...
E"~'Jiita\1~'Ji&~~t611~~~t~~~h~d'~lfr~~~~~
2.6.. '..i'JVlOi)ELHOIVIEsANDSALEcS,FAcILlties
N1.6cfCJI-horT1ps/rnbcihlbom~ot')nt8rS:iI"lQllJdin9_p,(:dI9~'(;entcr:shqlt:~'~.:..'.8ormitfQd]n
bOnjJrl9tiol1'.\;ithihb)pro.mofibn:.offh<<:rdc)"'/o!cp'rlJerit'i;ubjeOfid . tho fOIlQvii;1g;
/\.... .,. '9nc,",,'"gt"arid ...thro()~'drY'mo,d.gJsJl1aY.bopqnstru9todpri()rt()t()9()fcjtQ90f
a,pl~ ["LQoqtlon iF,; J imJtod".tO'JuturQ;pl~ho.cfoingl.e ,Jamily lots,..J>Orniits for
dll:m8dels'ml.J,ttbO~ppli()aJQrbY-'rJtOja'Gr()wnor.
8... .'.~tho...ll1qdOI.sSJerrnittod.3s ,"dryl1lqcie16'J..mu~t obt9irHq9qI)9itlp9al.qE3r:t#jp~tE3
of'pcpu p;noy' fqr-"rn()dol\PQrpo~o(r8nly.r Thd'\V(1tlJrT19delm ny.'riOtb 0
ogcu pi ad .iJ"ntil...o .pormanoritoqrtificatoofocoupnngy'ic. issu od.
e. fhemodoI3'\vot..modoltl) .utifizedat"sales offjc~i'must ..obt~irlapPto"31.by
and throughthoSito DaveJopmentPl:J.n procesS.
D. ... .. Rri()rt6TeGGrdodpl~tct .moto&.andbounds..logaleesoriptioI!s shall be
providoqtoandaccoptodbY.Gollior 99urty:ls suffic;iont forpuilclingp~rrnit
iscLJ3l1ce~Said n1oto63ndbounds Jog~ldm;cripti9nsmust m~et propof>od
~laf_G()nfigurations....' ancl.. .all.. .modols ..... constru.c:tedpursu~nt.....horoto~~haU.
coqformtoapplicableHminimum squ::iro footagoc,sotbacks, and the.fike 3S
set forthhoroin.
E.' /\GGesschnll.be ... providqdtoooch"dry"., mooelfromthg ''vI~.t''.modoL
/\ooqcsshall boJ<Jr ped~6tri.:lntrafficonly,. nq povod road>wUlboallp'lIod.
!\cGGS8 to tho '\vef'modoIshall Poproyided bya povod road or tomporory
drivO'.voy~ndch3l1have QSLlpporting.parking lot
Agenda Item No. SF
December 12, 2006
Page 19 of 69
F:.......~~I~~~~I\~r~\!t'\~1~:.~ij~j~1~i~i~l~lIg!lill~n
,. .
- ~ . ~ -.--:.~:.:-"1-:~,;- - .:.;.,.~.:~~-:;:~,..,:~;~:-",:::;~'''":~..:;:~._-'. - ,- ,':'
_ilifli1~~'jjj~'lt:lt~i[iI~~t$ft(!:!WI1B!lR[;'I!\~m;~~1l'j
2.7; AMENDMENTSTd,PUD'DOCUMiN"tSORPUDuIVtAST&R,PlAN
~1t~fi~I~I~~:eJ!li(ij!l!o'iHo'RPQP'ai;p[QVi90d'iIlHtlQ'GQ!J!iif,;CQ~ilty;l.:a&d
2:8~'....,^SS'0cIAtION:OF.FH~.(jPERTYOWNERSFORCbMMONAREA
MAINTliN1\NOIi
~~f~~tl;'~~.)'~3~~:~jt~r~H~2~'6ti~[~ifi~~ij~~~~ir~'1
Cdunty Lar1d."OovolopmentC:odo.:
Agenda Item No. 8F
December 12, 2006
Page 20 of 69
SECTION Ul-ll
LOW DENSITY RESIDENTIAL AREA PLAN
3.1. PURPOSE
The purpose of this Section is to identify specific development standards for
areas designated on Exhibit "A" as Tract "L", Low Density Residential.
3.2. MAXIMUM DWELLING UNITS
Eqtih8..purp9_~Q<-9f-tbi~...'~.9otioor}....I.Qv/q6nGityroG.iq()nti;ll~i~.d()fin6d.-...'rit"49r.-los~
dvi{)lifngunjt~p"or',obroon :the jr~ot(E).:allqo:;ltodt6ttiispurpOE().
lh-~.hiqRihlOrnnurri bor... of -lmVdeA$ity. d~vo flinQ.uB its3116ij/eavJithihJho.Pl..lP.~hdll
oe'-as'f61Io\vc:
Tract "L" 28
3.3. USES PERMITTED
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 Dwelling Unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
B. Accessory Uses:
1. Customary accessory uses and structure, including private
garages.
2. Common recreation amenities.
3. Detached Guest Houses
4. Commercial Excavation
5. Retained native veqetation.
111-1
Agenda Item No. 8F
December 12, 2006
Page 21 of 69
3.4. DEVELOPMENT STANDARDS
A. GENERAL:
All yards and set-backs shall be in relation to the individual lot boundaries,
except as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
C. MINIMUM LOT WIDTH:
The minImum lot width measurement shall start approximately 50 feet
back from the right-ot-way and shall not include the narrow driveway
portion of the lot.
1. Corner Lots - 100 teet
2, Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no
lots will share a common lot line. Each lot will be separated by a Common
Area buffer averaging 80 feet in width. Therefore, the minimum side and
rear yard of zero (0') feet is Justified.
1. Front Yard: 50 feet from RIght-of-Way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line,
even if the lot or parcel is ''1'' or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive,
setback is measured from the back of curb or edge of
pavement.
111-2
Agenda Item No. SF
December 12, 2006
Page 22 of 69
(c) If a lot or parcel is served by a platted private drive, setback
is measured from the road easement or property line.
F, MINIMUM FLOOR AREA:
1. 3,000 square feet
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1 , 1 0 feet
H;i_'\OF~$t.RE5'-PARK.IN.Gil\~[).LOI\[)lNGRl3Ql.JIR~M~NTS
.A~r,RqrJirQBdPy'pj;ii~iQn.?.-?.-bft.b9:9:QJ[i9['.Q.Qy.nty;Liihabeveldpm~htG6CJQ
jn-offQcto~.the:tim-o~of-build ing'PQrm itrippJI{f:'ifi6h::
. .
I. H. MAXIMUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base
flood elevation.
2. Accessory Structure - 35 feet and 2 stories above the minimum
base flood elevation.
111-3
Agenda Item No. SF
December 12, 2006
Page 23 of 69
SECTION NJII
COMMONS AREA PLAN
4.1. PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract "0", Commons Area/Conservation Area
on the RPUD Master Development Plan, Exhibit "A", The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and other vegetation as
practicable shall be protected and preserved.
4.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1 . Lakes.
2. Open Spaces/Nature Preserves (Conservation Area).
3. Pedestrian and bicycle paths or other facilities constructed for
purposed of access to or passage through the common areas.
4. Small docks, piers or other such facilities constructed for purposes
of lake recreation for residents of the project.
5. Commercial Excavations.
6.
B. Accessory Uses:
1. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate
screening and landscaping.
4.3. DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and location and treatment of
buffer areas.
IV-1
Agenda Item No. 8F
December 12, 2006
Page 24 of 69
B. Buildings shall be setback a minimum of fifty (50) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
C. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
D. A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 2.5 of this PUD document.
E. MAXIMUM HEIGHT:
1 . Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
1.4. .......... OFFSITE '.REMOVALOF'EARTHENMATIiRIAL
Ih9-oX6~'ig,ti9n_9f)()9dh()r\mafQd~I.'gri(j _itQ--~t98K...'pilrh$jf!..pfop~rati()Q-qf;_'\*#~ot
mah~'g~rp.~n.tf5pin~i~p....of_to-qthQrwiED.C1p~l~l.op',<<~.t~t..Rqeio.cis_'.h9r~b'i-p.~r.mJtf~g;:'
!\ftOf-.9,OnE>id (jtpf!Pp'_offill,-aytiYIfiPi:>-yntbos.o' bLJjlqf1Plep-Q.rti.ope.;_()fth~.....Br()j~p~_~it9
thcrc'I!Hlb()..aqurplycofoarthon.. m~t~riD.I;::'[her9f9rO~.itE>-off. ~ited ispos31..'i,5:ol~O
~pbrmittedsubje6ttothefollowirigc6naitibriS:
1\.'... · .Commorpia!oxcavation . .3Gtivitlo~__'shaIL._. QompIY\vith_thodOfinit.ipQdf_a
"GOrn mefoialoxcavation". pursu~ntto tho. .. LancL.DQvoJoPrnClnt..Qdao.::I'.
Gomm~rdal~xoa'l:ition . Parmit pursuant 10 the" Land Dovslopfnoht .c56de
mustboobbiReEh... .. . ..
IV-2
Agenda Item No. SF
December 12,2006
Page 25 of 69
SECTION M-IV
CONSERVATION/PRESERVE AREA PLAN
5.1. PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect native
vegetation naturally functioning habitat in their natural state.
5.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land
used, in whole or in part, for other than the following, subject to regional state
and federal permits when required;
A. Principal Uses:
1. Open Spaces/Nature Preserves.
2. Boardwalks subject to appropriate approvals by permitting
agencies.
3. Perimeter security fences or privacy walls may be eight feet high
and will be placed in areas with the least impact to the conservation
areas, such as along the private road which is the most disturbed or
in areas of least impact to native plants and naturally functioning
habitats.
4. Native vegetation landscaping.
5. Permitted mitigation activities.
V-1
Agenda Item No. SF
December 12, 2006
Page 26 of 69
SECTION ~V
DEVELOPMENT COMMITMENTS AND o EVI.6:rl ONS
6:1."~:",PORP6sE
-rh9__p4rP9~.~'9t.ttiiS1..;~Qqti9h ...isto,C~t .forth.'thOdq..rqIOpm~ht......qommjtrrior1t$'fQrtH~
dQ'ie1olJmqntofJOp"prqJecl.
$.2,".~GENERAL
.^.ILrooilitlesGbaJI....be:66hEtruCtad .j n.{;tl"icfriCoOrdO'nce'lAth'Flhal.SiteDov.olo.prnOnt
!li(trjlll'~llJII!I~11!IIIIIJlll'I'j
c6miTlltmOhfsc6LJtlinesin'thiE'~do'Oumobt
",,-. ..-.-......- ',. .....,...-..,.; ,," .-'....',.....- ..'.............,.......';.. .'.... '..- '.' -'.
f:ho..d.9Y9J9.P@I"J:.hi.~..~LJ060s0ot...pr..QO~rgn90,.ChOU..~grOQt()J6.nQ,.vth~.M~&t~r.f>l.qh
t~lt~ff~l~~~~n~lq~~~;r~~"i€:1~&Q?~~~~~1~~!3~!B~t~~~~~S;~3~116~!
~ny:~y.~pesS6r()r'ClscigneOill titleris .'~Iso. Gub;joct to any .commitmantc .withinthis
aw:e.omcjht
6.3...< RPlJO;MASTERPLAN
Exhj8It..",~':, .'Rr'U[) ...M~stpr..P.1 ~n.. .illu8tr~tod i tho.....rPrppqssG.....doyqIOPflll;)hfarid'Jg
COl1c~pt~al.jnnaturq... ....ProF>OsOd tr::lct, ....Iot....qr ..Iand,u $1;) ... t;>ou nd~fi~sqrs~109i?IJ(3pq
LJso.b()uhdafiosrshaH ....not~8 construqq to borilla" andm 3Y1?8y~r@d-at'~ny
S@$O quontnppro'lal.phas()cuch~ s fi.hal pbtti ng ..or 6itodg'lOI9PIl1~"ntpbn
appHc:ttirn:\..'S.ubjoct .... to the ..... provisions of tho- L~nd .. DcvelopmontCode,
amengmonts nia:{be-mado from timo to. time.
Alln9cocs3ryoasements, dodic3tiQBs-efothor inctrumente ch~I.lh()gFantodto
insure tAecontinuod operation ~nd. m~inton~nse of 011 sorvicDutilities all commoo
aroocin thepmjeef.:.
6.4.. SCHEDULE OF ... DEVELOPM€N+I.MONHORING REPORT ANIJ--;:SUNSET
PROVISIGN
A. .. ....lnfrastructuro:ltisfBe-developor'sintenLto. oonetructthe firsLphasoof
infr~ctructure for thesinglo f~milY-lets-'.'\'ithin hvo (2) years from the data of
awrel,lal of tho RPU D Ordinance.
VI-1
Agenda Item No. 8F
December 12, 2006
Page 27 of 69
8'~!~~%~~~~~~I;~~~~8R~~~~~~~\rlirdli~~IF P06UPrl1jttOQ
G:;~';~~1;~~~:~~~Ji~R~@~a~!!ili~ibi1'6ijbiOG\lOth~$UB6QtRffi~isR;H\;:ilI
6.$.. .(<SO.gSTlr\Jjj(jNS.'.tO............DESIGN:':.stANDARDSi' FOR....'>SU BOOIVISION
REGUt;AT:IONS:
1~1I1111111~i'!~!~$~~i?~16!~1~~~~~{i~~~~i!~t~~i~~w~
6~6~.;TRj\NSpotrrA"ION
~\~~il!l~l~t~~~'~f'RRI:lPM~SiQr..FliQn!1i1CiIlb'()'6utilQ9tlQIl!!<J(igOvQFRQa'liY
1>;'~"':.~%"/I'r~~lt~I~~~~~tff~~~[~~f~I!;lt.~i~tB~~~'\l'CQUn\y:\;A9Q966
B: .,
~i'l'~:g_Jl~!~ii'!fii;~~~~fi~~~~(!Jf~
C:" ..........' ... Ngthing't6~'Dy.~q~iD95 pprOv51 sHall operat6.tO\'e~t?rjy right io.Umediah
qpe-riihg ....I.rithisproject:
o~... ...th9;igo'/QI()P9r....E>b~tl.....JJo..r()~pJ:i6~.iPla...f()r-Jb9...jnpf~Jltl~i9n.of.:..qriqri~I.]Q,,~1
straotI19btih~o.tthH..prqj09t...(JF)trghciq.as......~~(}fllP9o9r1t..~9f..;th.E3Clo.flqtnlptiorl
pIDhtfjn3Jpl~t..:~~r9\@.f<lr :.th~.!lrq... cjevqlq.pm()ht .pb~~9.'.......Tb$y.myst..po.
OQrD piotq~.pri6 Ltc 'pFeliml AaTyocooptaii ceofthoph3seOno ..subd bjision
impro~{e'rri$lltB.
E....... . ... ..~ lJR~t3nti&tcorppote.nJ.o'/idoI1Ce6b~.II...bo.....prQ'{i9~d ...b\l~hQqo'yl,E7lp POL~() .Jh.E1
eff9c;t'tl\a}Jh6 ..p~ject.....isdeCI9n9g:to ..p rO'lid69.~pDcity.aQd.:..trqatrriont.f{)r
hlstodC31'road\vayru hoft .....1 o..~dGitiohlcit9draiD~g(3.chpll... hpt be. perrnittod
te.-fiischurgo diroctly into a nY:r6 ad'NDY drail13gQ ~ystom:
F.... .:.. Roadlrnpoctfoo~sh311hepai<iin.*cc9rdFin6~~.'ith.()rdi~anqo92,.22,3?
amol1q6d,~nd .shafl.bopaidatthe tlrnsbuild Ingpgrrl1 it~ . afoJsBuedunloss
~6() approved. by the BO:Jrdof Cooot-y Commicsioners.
VI-2
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,. ......... ...,...,Q}l!J. .LUl?l~6~O~mnf~.~9i-~8n\s ..i<'Z
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. '. ."P9fqU!LU!la-oqlp::ll.19 ..,..- ... ...)lJ9!~,qou
'ala' . ." . . ,." .....' ....U!!"liIpuo'pe"k
,.y: .l~,1'.U oll."l]lJl~i .. .. ,..' . ..', ". .... (
a~I'~~!)!J!2ef~." .,.,.P,!?~h!?lHIg~1~!9dlOOUI .' ...' ..... . '.' .' .... ." .
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. . . ".... _aqluL. pal~IOdd9"$lU6l.Uf-,P~PlJgP(Q
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.'j
Agenda Item No. 8F
December 12, 2006
Page 30 of 69
5.1............... DEVELOPMENT.COMMITMENTS
A/. ............ DEVELO.PER.CONTRIBUTIONS
...The..d.~ye[?per~hall....prbvideaindn~..ex6Jusive/5b~\X.59',:easernentat
tHe'..southWesf.'cornerrof..dHeirTo;proleCt'j;ubie'Gfcrto~'~~c6nservafion
P"l"eseH'atlOh':easemenl:f6rr1'ultioleiufisdicational:a'gencias}
6.9.~..~ENGINEERiNG'-5J2DEVIATiONS
A. .....ENGINEERING
Th$_qQyoldpm~nt.9ttlii~RPl.lD_rV1nst()fPlori~hall_be:.su pjo@Jq...pOCfgo.Yorh08.1:iy
tho .follQ\;~ing'CQ'b.di~io-Rs~
1. Grassed slopes of 3H: 1 V may be used for berm heights to 4 feet
throughout the project based on the construction plans approved as
part of the SFWMD ERP and ACOE Dredge-Fin Permits. Berms
greater that 4 feet in height shall use slopes no greater that 4H:1V.
B.- ..tRANSPORTATION
:L ~~~yIC1tion....fr()m ..... 4PG-Jeq~lii~rn~nt$_f().t.F{PPP.?6bH~I...rn.2hit9[1r1g
rep()rt~.......Th.ed.eY(3IPRE:rinJiE3M.qfpgYiI19J9f~_rlTllJ~rtraffic-9Qqb'~.Jlt
th~prbjecta(rg~sses,.sJl<:lHHWK~a~i.r19Iep~XmE;iPtinthe-arriQVnJ'pf
$3;600torriitigate thene~d Jor-ahnual.cc:milts;
1\,.. .. ....VV6rk'NithinColli.ar.9ounty.Ji9HJ9f_'l/3-Y_~hqlli mobt.. tho:requirorn6ritsof
Collier County Right ofW:J.Y Ordinanoo 93.6.'1,
6.10. ENVIRONMENTAL
+flo...dbvolopnlohfof thicRPUDMosterPlan. shallbo sLlbjeGt1oundg()'Iorn-6dbY
iR&fel1ewingoohditions: .. . . ... . .
A . Porrnitso[.lette.Fof oX8rTlptionfromtheV ,So ArmY.Gorps:ofEhgjpQqrS
(ACOE) and tho SouthFI6rid::r\^lator ManagemOijtpistriot (SFVVMO) shaH
be-prosontod prior to fi na4Hatlconctru atlon. plan3p~
B.. . . Env.iro nmontal-perrY)itting .chall boIn. aB60rddncO .\vithtb8Stqtoofflorj9~
EnvIronmentol.Rosourco. .Porrl}itRulesdandbo... gubJeqt.-.tqr~\,i(YNqnd
approval by. Current. Pl3nning~n'.'ironmentaIReview ~t~ffEnvirohlTlont?1
Sorvic8c4}eportmont Stoff. Ramo'!:)1 of exotic . vogotationchall... not be
VI-5
Agenda Item No. 8F
December 12, 2006
Page 31 of 69
..':..,.:.,-,:.:--..--:.....'.
;. ;,....:: ;:';'~ - ",;'-,'
:,:,".--,,-'.
vR:ltla.na~'~.'.
. ...,'!"!"ith~
...,......_'..,-_....,. .;,..'................-:..............
:,~ :'.; . : .~::.;, '.: :::: ~'''''.-.'._ .:':_~ c.: ". . ,.-:~. -,"- . ': ,', . - ~
.' ~., _ ';_c":":'. :'; ~":':' ::.;..
~.
.. ....., .. .- .'-', . -',";; .
pl~njC~R.strucjfiortplqni;ippt6vaf,. .
F. .. . .......eJ)tltI9.rj9r'.~6~ILrQqQ1ply~!1tb.11~~.....gyi9$lIQ~E;p.gr~ .....rxeQmm.Rnq,9ti9-g.,~.;<?f!Qe
\YsP"!1"-.'H\iil'!dn. .8.... 't'... cr{U S F~NS )ondFI bridu':Gam-o;'an d-jp--feSj::}
~1~lil~~I[i!~~!i1~f~li~l~~~t~~~~~~,~t~W~rI~~l~1~
~'H.tlblttlt........~MpnQQ9.l'l1el1t<~gltl!JJor.Jg~().~..pr9t~pt{,lg..'..speQI8~;..,~QP11......:....t>e
~Hhn'-itt~~.-.'lo.-"C~rt6dt .......:...glgohir19... E8viroh.rnoPtql. ............~.~Qff..I~r"ir6nrne~t(il.
~9r(;idC)CD6p~r'tTe.rit'.Stoff.Je{~ro'liaw>q n~ . .. a pprbval..... priorJe,finbl.... site
pIQn!o6nstrijclj~Fi...plal'l ;
6.11. ACCESSGRYSTRUCTURES
~~~~~~~~rrRt~~J~i~~trd9~~otf~~~~8a%un~rri~~nq.~ii~nd~~~.~~~
modGluhit~
6J2. .SIGNS
,11,,[1 sighs shaH be inacc:ord3hcevJithlhe Land Devolopmont COG&;
6.13... LANDSCAPING FOROFFrSTREET PARKING ^REAS
VI-6
Agenda Item No. 8F
December 12, 2006
Page 32 of 69
AU .IOhSsQ9plrigfqtg'ff :E!h.()()t...p~l",king.9f9ds.,'sho.l.I.t,Je\lrl...acpo...qq.h9$.lt/ith.thbG91Ii.~.~
q-9~~tY;-.;.~::lnd'bo\.'bloprn6bf .Codo.Jn ...e.ffeGt.at....th6timsQrbuildingp6rmit
tip pl[o.QtJ()ij~
.2.g."A~sOCINrl(}.NOF. PRbpERTYO\.~./NERSF(}RCOMMON 'AREA
M}\]NTENJ\NC:E
~_:.:: ' - -'. - ,-' :' -- -' . - .:::' .
td.:fh8l)r()vjsI9K-~~()ftff6'COjfi~rC()'Uhty'Cahd ..D~v6Ioprnorit.'Cod 8:
VI-7
Agenda Item No. 8F
December 12, 2006
Page 33 of 69
HOMES OF ISLANDIA
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
ORIGINAL DOCUMENT DATE 03/01/06
REVISION DATE 11/08/06
DATE FILED
DATE REVIEWED BY CCPC 11/02/06
DATE APPROVED BYBCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit "A"
RECE."" EO
':: t) \J 2 (j 20ft
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION II
SECTION III
SECTION IV
SECTION V
PROPERTY OWNERSHIP AND DESCRIPTION
LOW DENSITY RESIDENTIAL AREA PLAN
COMMONS AREA PLAN
CONSERVATION/PRESERVE AREA PLAN
DEVELOPMENT COMMITMENTS AND DEVIATIONS
Agenda Item No. SF
December 12, 2006
Page 34 of 69
PAGE
ii
Agenda Item No. 8F
December 12, 2006
Page 35 of 69
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
Agenda Item No. 8F
December 12, 2006
Page 36 of 69
STATEMENT OF COMPLIANCE
The development of approximately 155.3 acres of property in Collier County, as a
Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in
compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan. The residential and accessory facilities of HOMES OF
ISLANDIA 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:
Residential Proiect
1. The subject property is within the Urban Residential Land Use Designation
as identified on the Future Land Use Map of the Future land Use
Element.
2. The project development is compatible and complementary to existing and
future surrounding land uses as required by Policy 5.4 of the Future land
Use Element.
2. Improvements are planned to be in compliance with the land
Development Code as set forth by the Future Land Use Element.
3. The project development will result in an efficient and economical
extension of community facilities and services as required by the Future
land Use Element.
4. 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.
5. The Residential Planned Unit Development includes open spaces and
natural features which are preserved from future development in order to
enhance their natural functions and to serve as project amenities.
6. The projected gross density of 0.18 d.u. per acre is in compliance with the
Future Land Use Element of Growth Management Plan based on the
following relationships to required criteria:
Base Density
Traffic Congestion Area
No Bonus requested +
Eligible Density
Proposed Density
4.0 DU/A
0.0 DU/A
0.0 DU/A
4.0 DU/A
0.18 DU/A (28 DUs ! 155.3 acres)
ii
Agenda Item No. 8F
December 12, 2006
Page 37 of 69
SECTION I
Legal Description
1 .1 LEGAL DESCRIPTION
The subject property being 155.3 acres, is described as:
The South one half of the South one half of Section 10, Township 50 South,
Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00
feet for County right-ot-way and/or Utility Easements, as appear in those certain
deeds and instruments recorded at O.R. Book 1952, Page 2219.
1.2 PROJECT DESCRIPTION
The completed project will be a private gated community consisting of a
maximum ot 28 residential lots and two interconnected lakes located within a
common preserve.. The lots and lakes are located interior to a perimeter access
road. Each lot will have a permanent concrete block or stone retaining wall
surrounding the lot and driveway.
1.3 SHORT TITLE
This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD."
1-1
Agenda Item No. SF
December 12. 2006
Page 38 of 69
SECTION II
LOW DENSITY RESIDENTIAL AREA PLAN
2.1. PURPOSE
The purpose of this Section is to identify specific development standards for
areas designated on Exhibit "A" as Tract "L", Low Density Residential.
2.2 MAXIMUM DWELLING UNITS
Tract ilL" 28
2.3 USES PERMITTED
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 Dwelling Unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
B. Accessory Uses:
1. Customary accessory uses and structure, including private
garages.
2. Common recreation amenities.
3. Detached Guest Houses
4. Commercial Excavation
5. Retained native vegetation.
2.4 DEVELOPMENT STANDARDS
A. GENERAL:
All yards and set-backs shall be in relation to the individual lot boundaries,
except as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet
11-1
Agenda Item No. 8F
December 12, 2006
Page 39 of 69
C. MINIMUM LOT WIDTH:
The minimum lot width measurement shall start approximately 50 feet
back from the right-of-way and shall not include the narrow driveway
portion of the lot.
1. Corner Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It Is anticipated that the residential lots will be uniquely shaped and that no
lots will share a common lot line. Each lot will be separated by a Common
Area buffer averaging 80 feet in width. Therefore, the minimum side and
rear yard of zero (0') feet is justified.
1. Front Yard: 50 feet from Right-of-Way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4, Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line,
even if the lot or parcel is "1" or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive,
setback is measured from the back of curb or edge of
pavement.
(c) If a lot or parcel is served by a platted private drive, setback
is measured from the road easement or property line.
F. MINIMUM FLOOR AREA:
1. 3,000 square feet
11-2
Agenda Item No. SF
December 12, 2006
Page 40 of 69
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1. 10 feet
H. MAXIMUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base
flood elevation.
2. Accessory Structure - 35 feet and 2 stories above the minimum
base flood elevation.
11-3
Agenda Item No. 8F
December 12, 2006
Page 41 of 69
SECTION III
COMMONS AREA PLAN
3.1. PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract "0", Commons Area/Conservation Area
on the RPUD Master Development Plan, Exhibit "A". The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and other vegetation as
practicable shall be protected and preserved.
3.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open Spaces/Nature Preserves (Conservation Area).
3. Pedestrian and bicycle paths or other facilities constructed for
purposed of access to or passage through the common areas.
4. Small docks, piers or other such facilities constructed for purposes
of lake recreation for residents of the project.
5. Commercial Excavations.
B. Accessory Uses:
1. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate
screening and landscaping.
3.3. DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of aCcess streets and location and treatment of
buffer areas.
111-1
Agenda Item No. SF
December 12, 2006
Page 42 of 69
B. Buildings shall be setback a minimum of fifty (50) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
C. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
D. A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 2.5 of this PUD document.
E. MAXIMUM HE~GHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
111-2
Agenda Item No. 8F
December 12, 2006
Page 43 of 69
SECTION IV
CONSERVATION/PRESERVE AREA PLAN
4.1. PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect native
vegetation naturally functioning habitat in their natural state.
4.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land
used, in whole or in part, for other than the following, subject to regional state
and federal permits when required;
A. Principal Uses:
1. Open Spaces/Nature Preserves.
2. Boardwalks subject to appropriate approvals by permitting
agencies.
3. Perimeter security fences or privacy walls may be eight feet high
and will be placed in areas with the least impact to the conservation
areas, such as along the private road which is the most disturbed or
in areas of least impact to native plants and naturally functioning
habitats.
4. Native vegetation landscaping.
5. Permitted mitigation activities.
IV-1
Agenda Item No. SF
December 12, 2006
Page 44 of 69
SECTION V
DEVELOPMENT COMMITMENTS AND DEVIATIONS
5.1 DEVELOPMENT COMMITMENTS
A. DEVELOPER CONTRIBUTIONS
1. The developer shall provide a non-exclusive 50' x 50' easement at
the southwest corner of their project subject to conservation
preservation easement to multiple jurisdictional agencies.
5.2 DEVIATIONS
A. ENGINEERING
1. Grassed slopes of 3H:1V may be used for berm heights to 4 feet
throughout the project based on the construction plans approved as
part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms
greater that 4 feet in height shall use slopes no greater that 4H:1V.
B. TRANSPORTATION
1. A deviation from LDC requirements for RPUD annual monitoring
reports. The developer in lieu of paying for annual traffic counts at
the project accesses, shall make a single payment in the amount of
$3,600 to mitigate the need for annual counts.
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Agenda Item No. SF
December 12, 2006
Page 46 of 69
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,
WHICH INCLUDES TIlE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING TI-lE
APPROPRIATE ZONING A1LAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIDED REAL PROPERTY FROM THE CLUB
ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO
HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES
FROM THE CI,U8 ESTATES POO, REDUCING THE
NUMBER OF ALLOWABLE DWELLING UNITS FROM 49
TO 28, REMOVING A RECREATION TRACr AND TI-lE
REQUIREMENT FOR A COMMON TRASH COLLECTION
AREA. THE SUBJECT PROPERTY CONSISTS OF 155.3:t:
ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R.
951), APPROXIMATELY I MILE NORTH OF
RATfLESNAKE-I-IAMMOCK ROAD (C.R. 864) LN SECTION
10 TOWNSHiP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR Tf-IE REPEAL
OF ORDINANCE NUMBER 99.31, THE PORMER CLUB
ESTATES PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Michael Fernandez, AICl', of Planning Development Inc.,
reprcsenting Tbe Club Estatcs II, petitioncd the Board of County Commissioners to change
the zoning classification of the herein descrjbecll'clll property.
I\'OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMlSSI01\'ERS or COLLIER COUNTY, FLORIDA, that:
,SECTION O/'.'l~;
The zoning classification of Ihe herein described re<11 propelty located in Section 10,
Township 50 SOllth, Range 26 East, Collier County, Plorida, is ch~nged from the Club
Ordinance Number 99-31, known as the Club Estates PUD, adopted on May II,
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Estates PJllnnect Unit Development (PUD) to Homes of Islandia Residential Planned Unit
Development (R1'OO), in accordance with the PUD Document, attached hereto as Exhibit
"A", which is incOlporalccl herein and by reference made part hereof. The appropriate
I.oning atlas lIlap or maps, as described in Ordinance Number 04-41, as amended. the
Collier COllnty Lrmcl Developmenl Code, is/are hereby amended accordingly.
SECTION TWO:
1999 by the Bo~rd of County COInn11sSfOnerg of CoHier County, it: hereby repealed ~n its
entirely.
Page ] of 2
Agenda Item No. SF
December 12, 2006
Page 47 of 69
SECTION nmEE:
This Ordinance shall become effeclive upon filing with the Department of Slate.
PASSED AND DULY ADOPTED by super-majority voLe of the Board of Coullty
Commissioners of Collier County, Florida, this _ day of
.2006.
A TrEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Deputy Clerk
Approved as to form and
legal Sufficiency
AarjOrie M. Student-Stirling
Assistant Connty Attorney
rUIJA.2006.AR.9576IMZ
Page 2 ot' 2
Agenda Item No. 8F
December 12, 2006
Page 48 of 69
Co~T Cou.nty
~ -,.........
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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
5 I 33 Castello Drive
Naples, FL 34103
REQUESTED ACTION:
The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to
Homes ofIslandia 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
Stonn Water Management (LASIP) Community Facility Planned Unit Development the companion
item to th is 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
November 2, 2006 CCPC Healing
Page 1 of6
To be switched out for Location Map
PURPOSE/DESCRIPTION OF PROJECT:
PUDA-2006-AR-9576 Homes ofIslandia RPUD
Page 2 of 6
Agenda Item No. 8F
December 12, 2006
Page 49 of 69
November 2, 2006 eepe Hearing
Agenda Item No. 8F
December 12, 2006
Page 50 of 69
The proposed amendment intent is to remove the southerly 99::l: acres from the parcel as well as
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 Tl" 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 l55::l: 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
PUD
MPLES NAn G'OLFCLUB
HERfrAG'E G'OLFAND COUroTf?Y CLUB
PUD
SI-/4
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GROWTH MANAGEMENT PLAN CONSISTENCY:
PUDA-2006-AR-9576 Homes of Islandia RPUD
November 2,2006 CCPC Hearing
Page 3 of 6
Agenda Item No. 8F
December 12, 2006
Page 51 of 69
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 (DUI 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
oftheir review of the petition in its entirety.
Base Density
Traffic Congestion Area -
No Bonus requested +
Eligible Density
Proposed Density
4 DU/A
1 DUI A
o DU/ A
4 DU/A
.18 DU/A (28 DUs1155.3 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 0" 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 detern1ination 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 staffs recommendations and safeguards were addressed within the
RPUD Document and for this reason the rezone is consistent with the LDC and GMP.
Environmental Advisorv Commission (EAC): The EAC did not hear this petition because the land
has been previously disturbed.
PUDA-2006-AR-9576 Homes ofIslandia RPUD
November 2, 2006 CCPC Hearing
Page 4 of6
Agenda Item No. 8F
December 12, 2006
Page 52 of 69
Utilitv 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 singIe- 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.
RECOMMENDA TION:
The Collier County Planning Commission (CCPC) forwards a recommendation of approval for
petition PUDA-2006-AR-9576 Homes ofIslandia 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) permit to comply with
the Lely Area StOlmwater 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 2, 2006 eepe Hearing
Page 5 of 6
Agenda Item No. SF
December 12, 2006
Page 53 of 69
MELISSA ZONE, PRINCIPAL PLANNER
DEP ARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
JEFFREY A. KLATZKOW
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR
COMMUNITY DEVELOPMENT AND
ENVIRONMENT AL SERVICES DIVISION
DATE
Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARKP. STRAIN, CHAIRMAN
PUDA-2006-AR-9576 Homes ofIslandia RPUD
November 2, 2006 eepe Hearing
Page6of6
EXHIBIT "B"
Agenda Item No. 8F
December 12, 2006
Page 54 of 69
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 this project is surrounded by residential and the proposed
amendment is also residential.
Findinlls: 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
November 2, 2006 eepe Hearing
Page ] of 3
Agenda Item No. 8F
December 12, 2006
Page 55 of 69
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 prope11y is currently under development and has gone through concurrency.
Con: None
Findings: The proposed RPUD will not adversely impact the timing or sequence of
development that is currently allowed in the area. Fm1hermore, 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 eepe Hearing
Page 2 of3
Agenda Item No. SF
December 12, 2006
Page 56 of 69
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 ofIslandia RPUD
November 2, 2006 eepe Hearing
Page 3 of 3
REZONE FINDINGS
PETITION PUDA-2006-AR-9576 Homes of Islandia
Agenda Item No. 8F
December 12, 2006
Page 57 of 69
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 staffs 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 deternlined 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 III relation to the nearby
residential boundaries.
PUDA-2006-AR-9576 Homes of Islandia
EXHIBIT "A"
Page 1 of5
Con: None
Agenda Item No, 8F
December 12, 2006
Page 58 of 69
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 wiIJ 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 oflslandia
EXHIBIT "A"
Page 2 of5
8.
Whether the proposed change will create a drainage problem;
Agenda Item No. 8F
December 12, 2006
Page 59 of 69
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.
9. 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.
10. 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 mayor may not affect values, since value determination by law is driven
by market value. The mere fact that a property is given a residential zoning designation
should not affect value because the surrounding area is also residential zoning.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro: The LDC's criteria for review of each land use application to allow Planning
Commission and Board of Commissioners to follow standardized review process which
requires consistency of the GMP.
Con: None
Findings: The development of adjacent properties, in accordance with existing
regulations, will not be affected if this rezone amendment is approved.
PUDA-2006-AR-9576 Homes of Islandia
EXHIBIT "A"
Page 3 of 5
Agenda Item No. SF
December 12, 2006
12. Whether the proposed change will constitute a grant of special privileg~atw filhof 69
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 propel1y 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 f0l1h 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 propel1y 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 melit for compliance with the
GMP and the LDC; and staff does not review other sites in conjunction with a specific
petition.
PUDA-2006-AR-9576 Homes of lslandia
EXHIBIT "A"
Page 4 of 5
Agenda Item No. 8F
December 12, 2006
16. The physical characteristics of the property and the degree of site alteration;88tt.fultof 69
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.
PUDA-2006-AR-9576 Homes of Islandia
EXHIBIT "A"
Page 5 of 5
Nov 13 06 03:44p Apple Development Corp.
SENT ev: PLANNUJG DEVELOPMENTj 12392S389B1;
941-S66-171SA d It N p,.,2
gen a em o. of
NOV.j 3.06 3" 16PM' DeG?l):J,bE~j)2, 2006
". ,... "'~(J1:! ~2 of 69
LETTER OF AUTHORIZATION
nll~ undeffiibrned do hcrehy !;\W:ar or "ffirrn that they, along with the entities known 115 The Club
Estates, LC ilnd The Club Estates II. LLC are the fee ~impfe title holdel'S and owners ofre<:ord
and I or have unified control of the property currently known as Tht! Cluh Estates PUD and
P'fOPOSl!J to ~ "aml!d Homes ofl~/.an.dia RPUD and legally dcscnbcd a:s follows:
TifE SUBJECT PROPERTY BETNO /55.3.1 ACRES. is DESCRIBED AS:
THE CLUB ESTATE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PUT BOOK JT, PAGES 78 THROUGH 80. INCLUSIVE, AND 1'HE
R.SPI.AT THEREOF RECORDED IN PUT /1ooK. 3.3, PAGF;S tit 7'HIWUGH 80,
fNCLUSIVE, ALl. OF THE PUBLiC RECOkDS OF COLl./ER COUNTY. FLORiDA.
lb~ prop crt] descli~d herein i~ the subjccl of an application for a Planned Unit Developmem
(PUD) Amendment, subsequent development orders and PUD monitoring reports within Collier
County. We herehy designate Ploltninl! D~/Ol1lfUlft In.col'J1Ofdud / Michael K. Fenra"de~
AllCP . as the legal representative of the property and as such, this individual is authorizeu (0
legally bind aU owners of the property in the course of :K;Cking the necessary approvals tn
develop this site. This lU1thority includes but is nol limited '0 the hiring and a"thorizin~ of
agents to assist in the preparation of appJications, plans, surveys, and studies necessary to obtain
development o.rders I permits from Collier Cowny, Florida Power & Light (FPL), Florida
Depw1menl of Transpcrtation (FDOn, South Florida Wafer Management Tli~cl (SFWMD),
U.S. Army Corps of Engineer:! (ACOE) and/or Flori ep cnt of Environmental Protection
(FDEP). Sprint, Time Warner, ComcRSl, TECO, all 0 jurisdit'
Stanley V. Ric .
President I Vie President
Homes of lslandia Homeowncc's Associalion, Inc.
ciCSS)
STATE OF FLUKfUA
COUNTY OF COLLIER
cd) and 5ubscribcd before m . ~ 1 2006 by
o is personally known to m~who has producOO
---------------
,------....
. ~--
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SEAL
_, _~p,t:;J\ ~\~Lr.. r
Notllry Public
My Commission Expires:
ott \CJ 3} 0/
NIlIlIC typed. p~i",cd or stamped
""H~l~,~ flA1vtaA BIR1.ET .
/P~~\ Notary Public - Stalo 01 Florida
':. (:" dll\f:1. ~Commlsslon~Apr3.2007
~ ....:.~:! Commls.slon # DOl 99550
I '<.?;,r.r~", 6ondedlSyNationaJNotQIYA$sn.
Agenda Item No, SF
December 12, 2006
Page 63 of 69
COLLIER COUNTY GOVERNMENT
REAL ESTATE SERVICES
3301E.T~~ITRJUL
W. HARMON TURNER BLDG
NAPLES, FL 34112
PHONE (239) 732-2622
FAX (239) 774-8876
March 14, 2006
Homes of Islandia Homeowner's Association
c/o Teri Fernandez
Planning Development Inc
5133 Castello Dr
Suite 2
Naples, FL 341 03
RE: Collier Blvd. Water Main Project 70151/70152
Dear Ms. Fernandez:
With respect to the above referenced matter, please find enclosed the following items for
your files:
1. Copy of the recorded Temporary Construction Easement;
2. Copy of the Temporary Construction Easement Agreement;
3. Copy of the "Gap" Affidavit;
4. Copy of the Closing Statement;
5. Copy of W-9 Form; and,
6. Check Number 722836 in the amount of $4,400.00.
It was a pleasu~e working with you on this transaction. I sincerely appreciate all of your
cooperation and' understanding. If you have any questions, please feel free to contact me at
(239) 732-2622.
Sincerely,
<::::- \ \
:.) ~"C.::.~ "J /Cf--'
Sharman Veger, Property Acquisition Specialist
Real Estate Services
enclosures as stated
PROJECT: Colrler Boulevard Waler Main Project 70151/70152
PARCEL NO.: 17T
FOLIO: 26123000026
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT Is made and entered into this tr- day of r)"to.."......., , 2006,
by Homes of Islandla Homeowner's Association, Inc., whose mailing address is 4443
Club Estates Drive. Naples, FL 34112, (hereinafter referred 10 as "Grantor"), and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, Its successors and assigns, whose mailing
address is 3301 Eas! Tamiaml Trail, Naples, Florida 34112, (hereinafler referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and suHlciency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter
upon the following described lands locate~ in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "N
Subject to. easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Temporary Construction Easement Is granted for the express purpose of providing
Grantee temperary access to. Granters lands for the purpose of excavating, placing, operating,
removing and storing material and equipment during the construction and Installatien of public
improvements en lands adjacent thereto.. This Easement shalf expire on December 31,2009, er
upon completion of the imprevements, whichever occurs first. Grantee shall restere the surface
o.f the Easement Area afler canstruction has been campleted.
IN WITNESS WHEREOF, the GRANTOR has caused Ihese presents to. be executed Ihe
day and year first above written.
..
--:) ----.:J ~ .~
Witness (Signature)
Name: \}--,.t\ ) (01
(Print or Type)
0. Q Q~ a. (i%rl't.u.
Witness (Signature)
Name: Q \ 0.. u 0; " ~b\fu
(Print or Type)
~.Jl.: Y V, Q~ \.,,, \. J..>
(Print Name)
STATE OF Ff &v,).p
COUNTY OF ( " ll.~
~1Il!5 VOC~c1enc1
J Assistant County Attorney ---
Ell&n T. Ch,d~cll
i
/":Jx.... The forega1ng Temporary Construction Easement was ac;k(lowledged before me this
~ day of . ~~ ,2006. by _~ v.: t~~) (Name, Presiden~
President), on behal af Hames of Islandls Homeo er's ASSOCIation, Inc., who. is person~
known to me or whO-fl.es-proSucp.r1 as iripntili~ilti()o.. 5 E
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(affix notarial seal)
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(Sign~~ %rotary ~bliC );>t'~. ~
(Print Name of Notary Public)
NOTARY PUBLIC
SerialfCommission #:(H any)
M)' Commission Expires: _~
THIS COHVEYAHCE ACCtPI iO.!.!..l:-
BOARD Of COUNTY COMttJSSIUI5-.
COlLIER COONn'. FLO<<JDA.
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Agenda Item No. 8F
December 12, 2006
Page 64 of 69
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this ---!a.- day of \...~~ ,2006.
"
Date Property acquisition approved by BCC: May 24. 2005
Resolution No.: 2005-200/CWS 2005-03
AS TO PURCHASER:
DATED: ? - I a - 0 l..>
A lTEST:
DWIGHT E. BROCK, Clerk
ilc.
~~ ~J :) eLA-L
Witness (Signature)
Name: v.......,-tl p rec L..
(Print or Type)
Q 1 CLu. & \D.. ~ (" €).A
Witness (Signature)
Name: ~ \D.. u. c';o.. ~-'cl ("{ v..
(Print or Type)
Approved as to form and
legal sufficiency:
k~~~
.... Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA. AS
THE GOVERNING BODY OF COllIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY; ~~./
Frank, Halas, Chairman
resident)
~Ie..';h "I. D>>," lt~r-d 5
(Print Na e)
.'
4443 Club Estates Drive
Naples, FL 34112
Agenda Item No. 8F
December 12. 2006
Page 65 of 69
associated with the making of these representations contained herein or County's
reliance upon these representations.
19. The interest to be conveyed Is fee simple or easement to County, subject to
.. any conditions. limitations, declarations, easements or restrictions listed in a schedule
of exceptions to coverage in any title insurance commitment, abstract previously
furnished, or a title opinion stating the interest to be received by County.
Dated:~ 6
,2006
'-"j
~ _ ~DP ) ~
Witness (Signature). ,,_ _ .
Name: ~........."C, \) tc:-l/l
(Print or Type)
B'
~l~t v 2rJ~nls
(Print N me)
Address: 4443 Club Estates Drive
, Naples, FL 341 12
Tax Identification #: I <-{. I '1 ~ 4 'i\? ~
STATE OF I~/ to...J.A.
COUNTY OF ColI v-e-
Jit-' 141-~v'~7
( S.wom to and subscribed before me this _ day of ~ , 2006 by
..>~ !"0 J!,ll.-\""~ (Name, PresidenV Vice Prc3ident), on behalf of Homes of Islandia
Homeowner's As.sociatio~nc. He is personally known to me or 11as I-lluJuced
as JctermfiCation.
WITNESS my hand and official s~al this ~ day of 'FCb'/vq'7, 2006.
(affix notarial sea!)
~ --:J ::> r6L
(Signature at Nota(Y Public) I
~v-..<;-r _ ~ ~6-"
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any)
My Commission Expires:
;
'~l;::~IEL D. ;"EC'K - --1
, :'J ; '" '~;JY pubnc . 5lo/e or Flolldo
. : :/..JICcl1lrnCul.:n~M:1'71.2ClJ9
""'; ,~,i::.~" Camrnb,lan # DO 37171 0
."..... Bonded By NoVena! Nolcry Asm
3
Agenda Item No. 8F
December 12, 2006
Page 66 of 69
CLOSING DATE:
BUYER: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT
ATTORNEY:_~ V~.L:........LA'..
Ellen T. Chadwell, Assistant County Attomey
Agenda Item No. SF
December 12, 2006
Page 67 of 69
CLOSING STATEMENT
5ELLER: Homes of
Islandia Homeowner's
AssocIation, Inc.
SELLERS SIGNATUR
(Name, Pr. IdenWice President)
$.)~ v', ev4 /'t;~S
(Print Name)
TIN #: \1..\. \9i1-ot 'i>'~
LEGAL DESCRIPTION
See Exhibit "A" attached hereto
and made a part hereof.
Purchase Price............................................... ..,......... ..... .......................... $4,400.00
Deposlt............. ........... ............... ...... ............................ .................. ......... $
Cash at Closing............... ..................................................... .................... $
CHARGES & EXPENSES
Charge Seller
Charge Buyer
AD VALOREM PROPERTY TAXES:
Based on 20_ taxes of $
$ x -----1365 days = $
lECORDING:
Indexing Fae............. .............................. .............................. $
Access Easement......................( pages)..................... $
Utility Easement................... ( pages)..................... $
TCE.................................... ( pages)...................... $
Other..................................... ( pages)...................... $
REVENUE & TAXATION:
State Stamps on Easement ................................................. $
State Stamps on TCE......................................................... $
Other............................... ............ ................,................... ......... $
$
$
$
$
$ 27.00
$
TOTAL CHARGES
"
$
$
$
RECAPITULATION
Purchase Price...................... $4,400.00
Plus Buyer's Charges............. $ 27.00
Less DeposiL........................ $
Less Deferred Costs.............. $
Less Buyer's Credits.............. $
Gross Cash to Seller................ $4,400.00
less Charges to Beller.............. $
Less Deposit.................... ........ $
Phi's Seller's Credits................. $
Net Cash to Seller................... $4,400.00
Cash to Close........................ $4,427.00
Disbursements:
County Clerk.......................... $ 27,00
Attorney................................. $
Tax Collector.......................... $
Seller.......................... ........... $ 4,400.00
Olher..................................... $
TOT.lI.L................................... $ 4,427.00
L.
r..
\'
e
J:
:,
'.;;~
,
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL: 17T
FOLIO: 26123000026
FORM W-9- REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
YOU ARE REQUIRED BY LAW TO PROVIDE COLLIER COUNlY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR CORRECT TAXPAYER
IDENTIFICATION NUMBER (TIN). IF YOU DO NOT PROVIDE COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR TAXPAYER
IDENTIFICATION NUMBER, YOU MAY BE SUBJECT TO CIVil OR CRIMINAL PENALTIES
IMPOSED BY LAW.
Printed Name: Homes of Islandia Homeowner's Association, Inc
Street Address: 4443 Club Estates Drive
City, State & Zip Code: Naples. FL 34112
Taxpayer Jdentification Number: Please enter your taxpayer identlficallon number on Ihe
appropriate line:
Employer Identification Number. ~ ;79~1~
Under penallie of perjury, I certify that the number shown on this statement is my correct
n . ication number (or I am waiting for a number 10 be issued to me). If you are
payer' e lrcalion n (, you will have sixty (60) days to obtain a TIN and
depa me t
~ ~ /06
ur. arne, ident! ice President) Date:'
on behal f Homes of Islandia Homeowner's Association. fnc.
[The ebove signature shourd be thai or Ihe person authorized 10 utilize the TIN Number above]
Allocation of the gross proceeds: _ % or $ '1/ '1 t>5
-- ~=======~======-------- -
If the gross proceeds of this sale will be allocated among several individuals, please complete
the following information: (Please use addilfonai sheets if necessal)').
1. Individual's Name: ~ TIN
Individual's Address:
Street Address
City, State and Zip Code
.,
Allocation of the gross proceeds: _ % or $
Under penalties of perjul)', I certify that the number shown on this statement is my correcl
taxpayer identification number (or I am waiting for a number 10 be issued to me). If you are
awaiting a taxpayer Identification number, ~'OU will have sixty (60) days to obtain a TIN and
fumish to this departmen~:
Signature: Dale:
[The aoove signature should be that or the person authorized to ulilizo the TIN Number ebove]
2. Individual's Name:
Individual's Address;
TIN
Street Address
CJly, Stale and Zip Code
Allocation of the gross proceeds; _ % or $
. ..J:
!l1
genda Item No. SF
- ecember 12, 2006
Page 68 of 69
1 ~
! I
I
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[.
Agenda Item No. SF
December 12, 2006
Page 69 of 69
Jrock_m
Cc:
ZoneMelissa
Wednesday, December 06,2006 4:13 PM
'Susan Fariz'; bellows_r; brock_m; Carrel Danelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
SandersBob
'Fred Reischl'; wiley_r. kurtz..,g; GianfrancoNicolaci; PDIMRF@aol.com; PDITFF@aol.com; bellows_r;
SchmittJoseph; murray _s; CaudillScottTrinity
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
From:
Sent:
To:
The applicant for PUDA-2006-AR-9576 Homes of Islandia has requested a continuance for the publiC hearing schedule for
December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reisch I
for the county as well as Trinity Caudil-Scott in Transportation and they agreed that their companion item should also be
continued. That petition is PUDZ-A-2006-AR-9021lASIP.
As soon as a new hearing date has been determined I will contact everyone on the list.
Thank you
Me'Iss. Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horaeshoe Dr.
N.p.... FL 33104
239-213-2958
From: Susan Fariz [mallto:pdismf@aol.com]
Sent: Wednesday, December 06,2006 2:46 PM
To: ZoneMelissa; bellowSJ; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob
Cc: 'Fred Reischl'; wiley_r; kurtz-9; GianfrancoNicolaci; PDIMRF@aol.com; PDITFF@aol.com
SUbject: Homes of Islandia (PUDA-2006-AR-9576)
Good aftemoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-AR-9576). This
petition is currently scheduled for the December 12, 2006 BCC meeting.
Thank you.
Sincerely yours,
Susan ~. :ram
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103
P 239.263.6934
F 239.263.6981
12/6/2006
Agenda Item No. 8G
December 12, 2006
Page 1 of 260
.-
SUPPLEMENTAL 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 Homes of Islandia
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:
~
This supplemental to the Executive Summary is to clarify the intent of petition PUDZ-A-
2006-AR-9021 LASIP Conservation CFPUD which is a companion item to PUDA-2006-
AR-9576 Homes of Islandia. Both petitions are separating The Club Estates (Ordinance
99-31) into two PUD's. The petitioner for LASIP Conservation CFPUD is establishing the
zoning for the mitigation area for the LASIP CFPUD as required as a part of the Federal
permit and to provide for a passive park for the residents of Collier County. The proposed
CFPUD rezones the 99.3 acres from the Club Estates PUD and designates the proposed
CFPUD as a mitigation area preserve as mandated by the Corps' Section 404
environmental resource permit that was issued for the LASIP.
The impacts of the construction of the Lely Area Storm water Improvement Project's
surface water management system are being mitigated by 109.3 acres of preserve areas.
The Corps issued a permit to discharge 7,395 cubic yards of fill material into 11.6 acres of
wetlands, excavate 128.324 cubic yards from 28.3 acres of wetlands to construct a surface
water management system. To allow the construction, the pem1ittee (county) had to off-set
the impacts by purchasing mitigation land, for that reason the county bought the 99.3 acres
which is the proposed LASIP CFPUD. The LASIP CFPUD is 99.3 acres of the mitigating
area. The other 10 acres is just northwest of the PUD adjacent to the airpark landing strip.
,-
Conditions of the permit are: the natural preserve areas shall not be disturbed by any
dredging, filling, clearing, agricultural activities, planting or any other construction work
except as necessary to comply with the exotic removal and supplemental plantings.
The Master Plan depicts a 400 square foot picnic area and 400 square foot observation
deck which will both be situated near the entrance of the park. The hours of operation for
PUDZ-A-2006-AR-9021 LASIP CFPUD
Page 1 of2
Agenda Item No. 88
December 12, 2006
Page 2 of 260
the park will be noted on a sign that will state the park will be open at dawn and closed at
dusk and that no overnight sleeping or camping is allowed. The park will also have a gate
across the entrance to prevent access to the park when it is closed.
COLLIER COUNTY PLANNING COMMISSION (CCPC):
The Collier County Planning Commission (CCPe) 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.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCe) approve petition
PUDZ-A-2006-AR-9021 Lely Area Stormwater Improvement Project (LA SIP) CFPUD
subject to the CCPe's stipulation noted above.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
,.--,
PUDZ-A-2006-AR-9021 LASTP CFPUD
Page 2 of 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8G
December 12. 2006
Page 3 of 260
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8G
This Item to be heard lollowlng Companion Item 8F PUDA -2006-AR-9576 Homes of Islandla
RPUD, This item was continued from the November 28, 2006 BCe meeting and IS reques.ted
to be continued indefinitely. This Item requires that all particIpants be sworn in and ex parte
disclosure be provloed by Commission members PUDZ-A-2006-AR-9021 LASIP
Conservation CFPUD Collter County Transportation DIvIsion, represented by Fred Reisctl1
AICP. of ".gnoll Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) 10
PUD (LASIP Conservation Area) The CFPUD IS currently part of The Club Estates PUD
That PUO IS being amended concurrenlty to remove the 99.3 acres tt1at are the subject of the
petition Tt:8 LASIP Conservation Area CFPUD is owned by Collier County_ The site IS
currently governed by a conservation easement. The proposed uses include restoration,
protectlon and preservation of native vegetative communities and wildlife habitat a
necessary use of passive recreation is also descnbed. 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, Flonda. (Compamon to Item
SF PUDA-2006-AR-9576 Homes of ISlandla).
12/12/2006 90000 .A.M
Principal Planner
Date
Prepared By
Melissa Zone
Community Development &
Environmental Services
Zoning & Land Development Review
11/151200611:13:33 AM
Approved By
Date
Marjorie M. Student.StirUng ASSIstant County Attorney
1211120068:33 AM
Approved By
County Attorney County Attorney Office
Constance A. Johnson
Date
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
12141200612:15 PM
Approved By
Joseph K. Schmitt
Community Development &
EnVironmental S~rvices
Community Development &
Environmental Services Adminstrator
Date
Community Development &.
Environmental Service:. Admin
12/4/20063:16 PM
OMS Coordinator
Administrative Ass.istant
Date
Approved By
Count~1 Manager's Office
Office of Management & Budget
12/5/20058:09 AM
t./iarl<; ISilckson
Budget An;:;lyst
Date
Approved By
County i1ianager's Office
Office of Management <* Budget
12/5120D6 10:06 AM
Approved By
James V, Mudd
Board of County
COmfl'l!5Sioners
County ffanager
Date
County M i.lnager's Office
12/5iZ006 7:12 pry]
Agenda Item No. 8G
December 12, 2006
Page 4 of 260
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 Storm water Improvement Project (LASIP). The proposed uses include
restoration, protection and preservation of native vegetative communities and
wildlife habitat; a passive recreation use and storm water 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 tern1 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 cUlTently 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 sUlTounding residential propeliies.
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. 8G
December 12, 2006
Page 5 of 260
Growth Mana2ement 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 pem1its 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 pem1it include building permit 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 (BCe) 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. 8G
December 12, 2006
Page 6 of 260
· 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.
Findings: 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 Storn1water Improvement Project in compliance with
the Army Corps of Engineers and the South Florida Water Management District
peImit 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-902! LASIP CFPUD
Page 3 of 5
Agenda Item No. 8G
December 12, 2006
Page 7 of 260
. 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 (CCPe) reviewed this petition at the regular
meeting on November 2,2006. The ccpe 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 LASIP CFPUD
Page 4 of 5
Agenda Item No. 8G
December 12, 2006
Page 8 of 260
ST AFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCe) approve petition
PUDZ-A-2006-AR-902l 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 LASlP CFPUD Page 5 of 5
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Agenda Item No. 8G
December 12, 2005
Page 10 of 260
Co~r County
-~~ -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT 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
REQUESTED ACTION:
The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to be
known as the Lely Area Stoffi1\Vater Project (LASIP) Community Facilities Planned Unit
Development (CFPUD).
GEOGRAPHIC LOCATION:
The subject properiy 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
PUDZ-A-2006-AR-9U21 LASIP CFPUD
November 2, 2006 eepe Hearing
Page 1 of6
PURPOSE/DESCRIPTION OF PROJECT:
PUDZ-A-2UU6-AR-9U21 LASIP CFPUD
Page 2 of6
Agenda Item No. 8G
December 12, 2006
Page 11 of 260
November 2, 2006 CCPC Hearing
Agenda Item No. 8G
December 12, 2006
Page 12 of 260
The proposed amendment is to amend the existing 254.6::1: acre PUD by removing the southerly 99::1:
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
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GROWTH MANAGEMENT PLAN CONSISTENCY:
PUDZ-A-2006-AR-9021 LASIP CFPUD
November 2, 2006 CCPC Hearing
Page3of6
Agenda Item No. 8G
December 12, 2006
Page 13 of 260
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 eElS) was not required but will be at the time of the first
development order.
Environmental Advisory Commission (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
Zoning 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 99.3 acres that are
PUDZ-A-2006-AR-9021 LASIP CFPUD November 2,2006 cepe Hearing
Page 4 of 6
Agenda Item No. 8G
December 12, 2006
Page 14 of 260
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 1-103, 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 (CCPe) 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
DEP ARTMENT OF ZONING AND
DATE
PUDZ-A-2006-AR-9021 LASTP CFPUD
November 2, 2006 cepc Hearing
Page 5 of6
Agenda Item No. 8G
December 12, 2006
Page 15 of 260
LAND DEVELOPMENT REVIEW
REVIEWED BY:
JEFFREY A. KLA TZKOW
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, ZONING MANAGER
DEP ARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AlCP, DIRECTOR
DEP ARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
DATE
Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
Mark P. STRAIN, CHAIRMAN
PUuZ-A-2006-AR-9021 LASIP CFPUD
November 2, 2006 eepe Hearing
Page 60f6
EXHIBIT "B"
Agenda Item No. 8G
December 12, 2006
Page 16 of 260
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
page 1 of3
November 2, 2006 CCPC Hearing
Agenda Item No. 8G
December 12, 2006
Page 17 of 260
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 99:l:: 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.
Findings: The ninety-eight (99:l::) 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 Stormwater 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.
Findings: The proposed CFPUD will not adversely impact the timing or sequence of
development that is cun-ently 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 of3
Agenda Item No. 8G
December 12, 2006
Page 18 of 260
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 pun 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
Findinf;!s: 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
page 3 of3
November 2, 2006 CCPC Hearing
Agenda Item No. 8G
December 12, 2006
Page 19 of 260
REZONE FINDINGS
PETITION PUDZ-A-2006-AR-9021
Chapter 1O.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: County 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 staffs 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 design, layout, configuration, and size of the subject 99:1:: 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. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property 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 PUDZ-A-2006-AR-902l LASIP CFPUD
Page 1 of 5
Agenda Item No. 8G
December 12, 2006
Page 20 of 260
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
Agenda Item No. 8G
December 12, 2006
Page 21 of 260
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 water 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 mayor may not affect values, since value
determination by law is driven by market value. The mere fact that a property is given a new
zoning designation mayor may not affect value.
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
PUDZ-A-2006-AR-9021 LASIP CFPUD
Page 3 of5
Agenda Item No. 88
December 12, 2006
Page 22 of 260
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. \Vhether 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
cons~ruction of canals and lakes within the Lely Area Storm water 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 5
Agenda Item No. 8G
December 12, 2006
Page 23 of 260
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
Page 5 of5
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
Agenda Item No. 8G
December 12, 2006
Page 24 of 260
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APPLICA liON FOR PUBLIC HEARING FOR:
D PUD REZONE (PUDZ) ~ PUD TO PUD REZONE (PUDZ-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
APPLICANT INFORMATION
NAME OF APPLlCANT(S) COLLIER COUNTY TRANSPORTATION DIVISION
ADDRESS 2885 SOUTH HORSESHOE DRIVE CITY NAPLES STATE ~ZIP 34104
TELEPHONE # 239-774-8192 CELL # FAX # 239-213-5885
E-MAIL ADDRESS:TRINITYCAUDILLSCOTT@COLLlERGOV.NET
NAME OF AGENT FRED REISCHL. AICP; AGNOLI. BARBER & BRUNDAGE, INC.
ADDRESS 7400 TAMIAMI TRAIL NORTH CITY NAPLES
TELEPHONE # 239-597-3111 CELL # 239-877-8546
E-MAIL ADDRESS:REISCHL@ABBINC.COM
STATE FL ZIP 34108
FAX # 239-254-2829
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Public Hearing For PUD Rezone 6/)4/04
'^d:;e~t:r;JJ~i
Complete the following for all Association(s} affiliated with this petition. Provide additional
sheets if necessary.
ASSOCIATIONS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
ST ATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
ST ATE
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 parcel is owned bv 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 Hearing For PUD Rezone 61l4/04
Name and Address
6Qenda Item No. 8G
Percentage of Owner:r1M?:ember 12, 2006
Page 26 of 260
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 PliD Rezone 6/14/04
Name and Address
8J;jenda Item No. 8G
Percentage of Owner~~ember 12, 2006
Page 27 of 260
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 acauired ~ leased 0 Term of lease
July 25, 2002
If, Petitioner has option to buy, indicate the following:
yrs./mos.
Date of option:
Date option terminates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
PROPERTY LOCATION
Detailed lel!al description of the property covered bv the application: (If space is inadequate, attach on
separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Application For Public Hearing For PUD Rezone 6114/04
Agenda Item No. 8G
December 12, 2006
Page 28 of 260
Section/T owns hip/Range
lot: Block:
15 50 26
Subdivision:
Plat Book
Page #:
Property I.D.#:
00418560006
Metes & Bounds Description:
Size of property:
ft. X
ft. = Total Sq. Ft.
Acres
99.3
AddresS/2enerallocation of subiect propertv:
The property is located alon2 Collier Blvd. South of
Club Estates Drive and North of Naples Lakes Country Club. It is currently a part of the Club Estates
PUD.
PUD District (LDC 2.03.06):
D Residential
D Commercial
[gJ Community Facilities
D Industrial
ADJACENT ZONING AND LAND USE
Zoning land use
N PUD (The Club Estates PUDl Residential
S PUD (Naples lakes County Club PUDl Residential
E ROW Collier Blvd ROW
W PUD (Shadow Wood PUDl 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 County owns 10 acres of undeveloped land used for mitiaation. It abuts the
subiect site diagonally to the northwest.
Secti on/T own ship /Range
9
/ 50
26
lot:
Block:
Subdivision:
Plat Book_ Page #:
Metes & Bounds Description:
Property I.D.#:
00409880009
REZONE REQUEST
This application is requesting a rezone from the PUD (The Club Estatesl
PUD (lASIP Conservation Area) zoning district(s).
Present Use of the Property: Off-site mitigation for the Lelv Area Stromwater Improvement Proiects.
zoning district(s) to the
Proposed Use (or range of uses) of the property: Off-site mitigation for the lely Area Stornwater
!mcrovement Project acen scoce, and cassive recreation.
Application For Public Hcaring For PUD Rezonc 6/14/04
Original PUD Name: The Club Estates PUD
Ordinance No.: 99-31
Agenda Item No. 8G
Dc:::cI'fl6e:r 12, 2006
Page 29 of 260
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.B)
1. The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management
plan.
4. The internal and external compatibility of proposed uses, which conditions may include restrictions
on location of improvements, restrictions on design, and buffering and screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
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 subiect propertv: To your knowledge, has a public hearing been held
on this property within the last year? 0 Yes r2J No
If so, what was the nature of that hearing?
Application For Public Hearing For PUD Rezone 6/]4/04
Agenda Item No. 8G
December 12, 2006
Page 30 of 260
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 processinq or otherwise actively pursue the rezoninq for a period of six (6)
months. An application deemed "closed" will not receive further processing and an application
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the project will be subject to the then current code.
(LDC Section 10.03.05.Q.)
Application For Public Hearing For PUD Rezone 6/14/04
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
Agenda Item No. 8G
December 12, 2006
Page 31 of 260
APPLICANT INFORMATION
NAME OF APPLlCANT(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:TRINITYCAUDILLSCOTTCWCOLLlERGOV.NET
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A
LEGAL DESCRIPTION
Section/Township/Range -ill 50 / 26
Lot: Block: Subdivision:
Plat Book
Page #:
Property 1.0.#: 00418560006
Metes & Bounds Description:
No sewer or water service is to be provided.
I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. P ACKAGE TREATMENT PLANT
(GPO capacity)
e. SEPTIC SYSTEM
D
o
o
o
o
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)
o
o
o
o
STATEMENT OF UTILITY PROVISIONS - page 2
Application For Public Hearing For PUD Rezone 6!l4/04
Agenda Item No. 8G
December 12. 2006
Page 32 of 260
TOTAL POPULATION TO BE SERVED: N/A
PEAK AND AVERAGE DAilY DEMANDS:
A. WATER-PEAK N/A
B. SEWER-PEAK N/A
AVERAGE DAilY 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 REQUIRED N/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.
AFFiDA Vii
Application For Public Hearing For PUD Rezone 6!l4'04
'^6~;~i~r;;J~~
Well, being first duly sworn, depose and say that well
ami are the owners of the property described herein and which is the subject matter of the proposed
hearing; that all the answers to the questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. Well understand that the
information requested on this application must be complete and accurate and that the content of this
form, whether computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has been submitted.
As property owner Well further authorize
our Imy representative in any matters regarding this Petition.
to act as
Signature of Property Owner
Signature of Property Owner
Typed or Printed Name of Owner
Typed or Printed Name of Owner
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 6/14/04
A TIS ' 'd I . d h I" 'Th TIS 'd Agel199 Item No. 8G
IS require un ess waive at t e pre-app Icatlon meeting. e require mB~c~~\f'1~; ~06
major or minor as determined at the pre-application meeting. Please note the following witWar~aM->f~60
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:
(at build-out)
Annual Average Daily Traffic
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 decellanes 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 A,
404,5.1,5.2,7.2 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/[4/04
1. Trip Generation: Provide the total traffic generated by the project for each~~~i1?~~ik>~~
project's Radius of Development Influence (RDI) in conformance with the acceptcibl~ ~fIli~60
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 Assianment: 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. Existina 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.
S. Radius of Development Influence (RD!): The TIS shall cover the least of the following two
areas:
a) an area as set forth belowj 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.)
o - 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 Analvsis: An intersection analysis is required for all intersections within the RDI where
the sum of the peak-hour critical lane volume is projected to exceed ',200 Vehicles Per Hour
(VPH).
7. Backaround 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 PUD Rezone 6/14/04
. h' h . RDI A I' f hid . h . Iff' . Aq,enpa.ltem t'J~18G
Wit In t e prolects . map or 1St 0 suc an s Wit potentia fra IC Impact ce"l:~~Rt~s,~'2"CJ06
be provided. Page 36 of 260
9. ThrouClh 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 Roadwav 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 PhasinQ: 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
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 10.02.13 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
Wh h EIS . . d . f . I h h (k Aqel1pa Item No. 8G
et er or not an IS require ,two copies 0 a recent aena p otograp , ta en wlttW?cmni:R:f6tV2o~~06
twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said 8ege13lSll.otl:60
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 bv an Attornev's Opinion of Title, or bv 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 surveyor 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 11" copy of site plan], drawn to a
maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may
be requested upon completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPC]j
. 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. 8G
December 12, 2006
Page 39 of 260
TRAFFIC IMP ACT 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
1 200 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.B.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 6/14/04
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) 68~~~t,g~~ci!6~~
review and comment on the application and before the Public Hearing is schedulERag.ti!iltV dla'60
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 10.02.1 2.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 meetingj 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 PLlD Rezone 6114/04
No. of Copies
[gI 24*
[gI 24*
[gI 24*
[gI1
[gI 24
[gI1
[gI 2*
[gI1*
04
[gI 5*
04
07
04
04
[gI4
[gI4
04
[gI1
01
[gI2
o
SUBMITTAL SUFFICIENCY CHECKLIST
PUD REZONE or PUD TO PUD REZONE
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET
Check here if not reauired
o
o
o
o
o
o
o
o
Environmental Impact Statement or waiver [gI
Aerial Photos with Habitat Areas Identified (In State & Fed Permits) 0
Completed Application
Pre-Application Meeting Notes
Legible Conceptual Site Plan 24" X 36" (11 X 17 Per Mike Bosi)
Conceptual Site Plan 8 1/2" X 11"
PUD Document and Master Plan
24" x 36" Master Plan
Warranty Deed or Contract for Sale
Owner/Agent Affidavit, signed & notarized
Utility Provisions Statement with Sketches [gI
Traffic Impact Statement or waiver [gI
Historical Surveyor waiver [gI
Architectural Rendering of Proposed Structures [gI
Boundary Survey, no more than 6 months 0Id(24" x36") 0
Copies of State and/or Federal Permits 0
Affordable Housing Density Bonus Agreement, if applicable l8J
Electronic Copy of PUD Document & Plans 0
Copy of Letter notifying the U.S. Postal Service of project [gI
Addressing Checklist
Required Fees INTERDEPARTMENTAL TRANSFER
* One additional copy required iff or Affordable Housing
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.
Date
Agent! Applicant Signature
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8G
December 12, 2006
Page 42 of 260
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 EST A TES PUD TO LEL Y 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 A.1\f 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 LASlP Conservation Area Community Facilities Planned Unit Development (CFPUD),
in accordance with the PUD Document, attached hereto as Ex.hibit "An, which is incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, 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 1 of 2
Agenda Item No. 8G
December 12, 2006
Page 43 of 260
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, on this _ day of
,2006.
A ITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to fonn and
legal sufficiency
/ Marjorie M. Student-Stirling
Assistant County Attorney
pum~-A-2006-AR-9021IMZ
Page 2 of 2
Agenda Item No. BG
December 12, 2006
Page 44 of 260
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
PREP ARED 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"
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION 1
SECTION 2
SECTION 3
SECTION 4
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
CONSERV ATION AREA
DEVELOPMENT COMMITMENTS
PAGE
11
III
1- 1
2 - 1
3 - 1
4 - 1
Agenda Item No. 8G
December 12, 2006
Page 45 of 260
Agenda Item No. 8G
December 12, 2006
Page 47 of 260
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:
1. 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.
]11
Agenda Item No. 8G
December 12, 2006
Page 48 of 260
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 comer of Section IS, T50S, R26E, Collier
County, Florida; thence along the North line of said Section IS,
S87037'14"W 100.16 feet to the West right-of-way line ofCR-951 for a
PLACE OF BEGINNING; thence along said West of right-of-way line
S00051 '53 "W 892.87 feet; thence S87043'59"W 4870.63 feet to the
West line of said Section 15; thence along said West Section line
NOoo15'23"W 882.49 feet to the Northwest comer of said Section IS;
thence N87037'14"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
1-1
Agenda Item No. 8G
December 12, 2006
Page 49 of 260
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
Conservation 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. 8G
December 12, 2006
Page 50 of 260
"A", PUD Master Plan. There shall be one land use tract, the general
configuration of which is also illustrated by Exhibit "A"
TRACT "C"
TYPE
Conservation
ACREAGE
99.3 ACRES
2-2
Agenda Item No. 8G
December 12, 2006
Page 51 of 260
SECTION III
CONSERVATION AREA
3.1 PURPOSE
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 Water 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,
geotextile 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 detennined by the Board of Zoning
Appeals pursuant to the process set forth in the LDC.
3-1
Agenda Item No. 8G
December 12, 2006
Page 52 of 260
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
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 951) 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).
A 1
'-t- 1
Agenda Item No. 8G
December 12, 2006
Page 53 of 260
AFFIDAVIT
I .,. t: I'm Oirec.tcL
We/I, UX' I W" being first duly sworn, depose and say that
we/I amlare the owners of the prope ty described herein and which is the subject matter of
the proposed hearing; that 011 the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our
knowledge and belief. Well understand that the information requested on this application
must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until
this application is deemed complete, and all required information has been submitted.
As property owner Well further authorize~3"<<'\\Ifu-~~BrOf\~ to act as our/my
representative in any matters regarding this Petition.
~n9:t:o~r
''2.~OS-
Signature of Property Owner
-.1A- --( A t-\ r/l A- 0 ) 'p \ eE <- -fl.) (t
Typed or Printed Name of Owner Typed or Printed Name of Owner
"ItMJ~~Pf'1"1 <: N ~4INff(tf'VG X
tJSTftdc..:rr..N MlftoJM, ~
" th -
The foregoing y:oment wo, o,knowledged before me !hI, \ I at\' doy of~
200~ by, ~:prhm ad who i~ to me or has-pro. uced
as identification.? ' '
,I "
State of Florida
County of Collier
(Signature of Notary Public.. State of
Florida)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
~--------------------
PUDZ-A-2006-AR_9021
PROJECT #2006040027
DATE: 4/25/06
HEIDI WILLIAMS
Book 3091 - Page 2521
~ ,~" .- -," _..'.~"'-
. . ',r'.," .
PROJECT;
PARCEl. No:
rouo No:
Agenda irJ.@m. ~Ch~~
Decemoer='f2, 2tJot)
Page 54 of 260
Laly Area Btctrrw* ImptOYement (3f101)
CIQ Aae PItceI
004,eeeoooa
3031057 OR: 3091 PG:
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THIS WARRANTY DeSD 1$ made Itlis 1 ~ c1a~ of "1"r.A t....i . 2002, by
STEPHEN N. SAVNJIE. AND *YiR E. GUTTMAN. .. Np1aCeMtftt TJUStHs fllr the nuat u.....
the WUl of a.n.d PI. s.va~ by tMtrumeat I'8eOI"ded III OR. Iaat SOlI1. ~ 2805. PIltIIIe
Records of Collier County, AorIda. v.boM mlIlRng IIddftIS& is do Mayer E. GuIlman. UMn & GalIn.
!02 Washq,lan. 8" Aoor. T'0WICI'l, MatyIInd, 212(W..4S2,S (~r indMdually tJit ~Iy
referred to " "Grantor:). to COlLER COUNTY, . p011icai slbdlvision of the ~ of FIOnda, \l$
SUCCIeSSOI'I and 8SliQ1'lS. wI'lOee post offtOl .address is 3301 T~ "ra11 East. Napi$t. FlOtida. 34112
(hentNfw referred to as "G~ntee'.
(Wherever used linn the terms "Gt1InIoI" ancl "GrIn1N- include '.!he pat1!e1 to INs IMtrurnent
IIId lhltir respedive IleIrs, legal rept'e..,tallves. "1CQItSW'S and aaigna.)
WITNESSETH: That !he Grantor. for IIld In ccnslderallon ol1he sum d T"" 001.... (5'tO.OO) and
QCher \lWIbII consideration, recall'l whMof i; heleby acknl*o1ldged. hereby gIants. bargafns. sels,
aliens. reniaes. reJeaes. CIClIWe)'$ Ind canllrmI unto lbt Gran.... ..that certaln land ISitulIIe in COlet
County. Florida. 'D wit.
See AlIad1ed Ellhibit "A- ~rctl is incorporalec ~ by refwence.
~ed to...~ I'eSIl'icticlns. .net ~ of record.
THrS LAND IS NOT NOW. NOR HAS IT EVER SEEN THE HOMESTEAD PROPeRTY OF THE
GAANTORS. NOR IS IT COlroQUOUS To ~v HQMESTSAO ~RTV OF THE ~ORS.
TOGeTHER with 8U Itle tentments. hered~lS and ~urtenanc:a1i ~ belonging Qf in
lIIl'I)'WIM apperllllnll19.
TO HAVE -'NO TO HOLD the SIt'IIe in fee simple fonMll'.
AND tIw GrwItor heteby covenants wIlI\ said ~ !hat the Granter il Iawf\JIIy eelzId c# said
tand in 1M ~Ie: Ihat !he Grantor .... good right Ind IawfiJ .Il.IltIOrfty 10 YIJ and CXll'I\Iey said 1Ind; 1hat
the GrantOr beI'Ilby NJIy wamWIIS the fitI8 10 IlIid IInd and will defend the ume against lhe IalIIfuI dail1'l$
of all persons YIt1C11"/ltOeVer; and ~ said land Is fRle of allol\QJmbtanOll elapt 8$ noted above.
IN WITNESS WHEREOF. 1\e sald Grantor hM signed and seilecl these presents Itle ~ay and
year 1inIt above writlen.
Dalad: /} /ZS'
7
.2002
------------
PUDZ-A-2006-AR_9()21-------- --
PROJECT #2006040027
DATE: 4/25/06
HEIDI WILLIAMS
http://www.collierappraiser.com/viewer/Image.asp ?
11/17/2005
l~
DEPARTMENT OF TBE"ARMY
JACKSONVILLE DISTIUCf CORPS OF ENGINEERS
FORT MYERS IlEGVLA TOItY oma
1528 ROYAL PALM SQUARE BOULEVAItD, SUITE 31.
FOItT MYERS, FLOItIDA JJJI'
Agenda Item No. 8G
December 12, 2006
Page 55 of 260
.-.I.
US Army COrpS of Engineers
Fort Myers Regulatory Division
South' Permits BranchlWest Permits Section
. SAJ-2002-2436(IP-MJD)
JUl 2 8 2.005 .
Collier County Board of County Commissioners
John H. Bolt, P.E.
Col"ter County Stormwater Management Director
3301 Tamiami Trail East
Naples, Florida 34112
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Dear Mr. Bolt:
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 Lety 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 drawin9s 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,
PUDZ-A-2006-AR-9021
PROJECT #2006040027
DATE: 4/25/06
SAJ-2002-2436 (IP-MJD)
lety Area Stormwater Improvement Project
Enclosures
Copy Furnished: .
SFWMD. Fort Myers (permit #11-01140-S)
USFWS
r
Agenda Item No. 8G
December 12, 2006
Page 56 of 260
-
-
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Agenda Item No. 8G
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Permittee: 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
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.
i
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: To discharge approximately 7,395 cubic yards offill 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 26007'00" N and Longitude 81043'34" W
Agenda Item No. 8G
December 12, 2006
Page 59 of 260
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 .. .;
confonnance 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. 8G
December 12, 2006
Page 60 of 260
SAJ-2002-2436 (IP-MJD)
Lely Area Stormwater Improvement Project
Special Conditions:
1. The pennittee 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. This
commencement notification, status reports, monitoring reports, and all other reports
regarding this pennit shall be submitted to the U.S. Anny Corps of Engineers,
Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-
0019 and shall reference the pennit number.
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-
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 pennit.
3. The app~cant 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 shall 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 1 09.3-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. 8G
December 12, 2006
Page 61 of 260
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) (htto:/lfleopc.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 80 under ESA
Section 7, with "incidental take" provisions with which you must comply). The enclosed
FWS 80 contains mandatory terms and conditions to implement the reasonable and
prudent measures that are associated with "incidental take" that is also specified in the
BO. Your authorization under this Corps permit is conditional upon your compliance with
all of the mandatory terms and conditions associated with incidental take of the attached
BO (Attachment D, 17 pages) which terms and conditions are incorporated by reference
in this pennit. Failure to comply with the terms and conditions associated with incidental
take of the 80, 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 80, 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 stations. These six
stations are in addition to the three upstream stations proposed by Collier County in
September 2004.
4
Agenda Item No. 8G
December 12, 2006
Page 62 of 260
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,
tr~atment or adaptive management, if necessary.
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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. 8G
December 12, 2006 .
Page 63 of 260
SAJ-2002-2436 (JP-MJD)
Lely Area Stormwater Improvement Project
Further Infannation:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
eX) 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.
6
Agenda Item No. 8G
December 12, 2006
Page 64 of 260
SAJ-2002-2436 (IP~JD)
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
p~rmit 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.
7
Agenda Item No. 8G
December 12, 2006
Page 65 of 260
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.
7. 2C. 05
(DATE)
i
(TYPE OR PRI~) PERMITTEE NAME AND TITLE)
-
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This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has si ed below.
~ 7-~){-oS--
(DATE)
~
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 0 - 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 1- Eastern Indigo Snake Protection Plan (3 pages)
Attachment J - Self-Certification Statement of Compliance (1 page)
Attachment K - As Built Certification (3 pages)
8
Agenda Item No. 8G
December 12, 2006
Page 66 of 260
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
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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 ANDTITLE - PRINTEDrrYPED)
(NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTEDrrYPED)
(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
A TTN: Regulatory Division, Enforcement Branch
P.O. Box 4970
Jacksonville, Florida 32232-0019
9
Agenda Item No. 8G
December 12, 2006
Page 67 of 260
r
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Attachment A
Permit Drawings
12 pages
Agenda Item No. 8G
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (t~Jl~f~~g
SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA
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SAJ-2002-2436 (\P-MJD)
July 19, 2005
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Agenda Item No. 8G
December 12, 2006
Page 72 of 260
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Attachment A
Permit Drawings
12 pages
Agenda Item No. 8G
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT tt~llofg~g
SOUTHEAST NAPLES, COLLIER COUN'IY, FLORIDA
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SECTlOH 36
SBCTION 32
SEC'IlON ,.
VICINITY MAP
OVERALL REGIONAL BOUNDARIES
Collier County sacc
SAJ-2002-2436 (lP-MJD)
July 19,2005
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Agenda Item No. 8G
December 12, 2006
Page 77 of 260
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Collier County SOCC
SAJ-2002-2436 (IP-MJD)
July 19. 2005
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Nole: Base map and mitigation site information received
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Government Websile.
Collier County sacc
SAJ-2002-2436 (IP-MJD)
July 19, 2005
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Attachment B
WATER QUALITY CERTIFICATION
South Florida Water Management District
Special Conditions
4 Pages
Agenda Item No. 8G
December 12, 2006
Page 80 of 260
-"
-
-
-
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........ VJo..4~U ..J
PAGE ~encQ1F1teB1 No. 8G
December 12, 2006
Page 81 of 260
SPECIAL COND:IT:IONS
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 sha,ll 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:
11
In accordance with the specifications detailed in Exhibit
4. The permittee shall be responsible for the correction of any erosion, shoaling or
wa,ter 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 rni tigation to the District or other impacted
party. The District will require the permittee to modify the surface water
rnanage~ent system, if necessary, to eliminate the cause or 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 Agen~lte&1 No. 8G
December 12, 2006
Page 82 of 260
District staff approval. The permittee shall modify the location and installation
if District staff determines that it is insufficient or is not in conformance wit}
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 IS', 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 (ESR~ 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% survi~al 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
-
23.
PAGE AgentlllFltem No. 8G
December 12, 2006
Page 83 of 260
their natural or permitted state. Activities prohibited within the conservation
areas include, but are not limi ted 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 gxhibit 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
do~inate anyone section of those areas. .
20.
-
-
Endangered species, threatened species and/or species of specia~ 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.
2.
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.
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
wi th the Florida Fish and Wildlife Conservation Commission and the US Fish and
Wildlife Service.
24. The Urban Stormwater Management Program (Exhibit Nos.12.D-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.
~~KM~~ NU: !l-Ul!4U-~
PAGE ~genda7Jte~ No. 8G
1)ecemoer 12,2006
Page 84 of 260
28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement proj ect plans ar
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(l), Florida Administrative Code; therefore, the state water
quality certification is waived.
~
Agenda Item No. 8G
December 12, 2006
Page 85 of 260
-
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-
Attachment C
Compensatory Mitigation Plan
14 pages
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..--- .-_. _AQfioda lt~rn No. 8G
I ~ Il>It 12,2006
L- Pag'l 86 of 260
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__SANTA
BARBARA BLW.
I
Note: Base IMP IIIld milIgatIon lie InformalIon received
fIom AgnoII. Barber & Brundage. Inc. IIIld Colier County
GOYeIMl8III Webslle.
Collier County SOCC
LASI?
SAJ-2002-2436 <'P-MJD)
July 19, 2005
Pa e 1 of 11
Figure G-1. Proposed mitigation site locations
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LEGEND
ACRES
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Collier County SOCC
LASIP
SAJ-2002-2436 (IP-MJD)
July 19,2005
Pa e 3 of 11
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Collier County fl9~'da Item No. 8G
LASIP December 12, 2006
SAJ-2002-2436 (JP-Milj))90 of 260
July 19,2005 --.
Pa e 5 of 11
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MmGATION AREA FLUCF
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CODE
Mangrove Swamp
GEND
ACRES % OF
TOTAL
1. 100.0%
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Kevin L, Erwin~
o · Wetland Consulting Ecologist. Inc.
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b:d Surface Weters Outside Mitigation Aree _...
FIgure G-5. Mangrove resloraticJn mitigation area proposed conditions map - -- --~ :.
Appeadix G - EDvIroDmeIltallmpac:ts ADd Propased MltigatlOD Piau
Agenda Item No. 8G
December 12, 2006
Page ~1 of 260
-
Table G.3. TeD acre aDd 99:1: acre parcels existiDg vegetatioD summary
FLUCCS Habitat Acres Percent of Acres Percent of
Code Total Total
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
UnderStorv
424. Melaleuca 2.7 26.7 56.6 57.1
621'" 2.3 22.8 - -
624. r Pine-CabbaRC Palm 1.2 11.9 - -
743 Sooil Areas 0.1 1.0 - -
814 Roads and HighwayS - - 0.6 0.6
TOTAL 10.1 100.0 99.2 100.0
10:1: Acre Parcel
99::1: Acre Parcel
-
-
... Wetland
Palmetto Prairie lFLUCCS Code 321)
This upland community is dominated by a thick saw palmetto understory with widely scattered
slash pines. Other plants present include bracken fem, grapevine, smilax, fetterbush, and
permyroyal.
Pine Flatwoods lFLUCCS Code 41 n
This upland community type occurs as small islands scattered across the 99::!:-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 lFLUCCS Code 416)
This transitional wetland community is the dominant wetland type in the eastern half of the 99::!:-
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 I duffwith scattered patches of the species listed above.
Melaleuca (FLUCCS Code 424)
The majority of the western half of the 99::1:-acre parcel contains this highly disturbed wetland
habitat. Mehlleuca is the dominant species in all thrCe strata. Widely scattered pine and cypress
are also present. Ground cover is primarily bare ground I 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 SDCC
LASIP
SAJ-2002-2436 (IP-MJD)
July 19,2005
Pace 6 of 11
Appendix G: EDviroDIDeDtallmpatts ADd Proposed MltigatioD PllDS
Collier County BOCC
~~~;6~~Ni~D)
July 19,2005
Pa e 7 of 11
CYpress muccs Code 621)
This wetland community is located on the 10::l:-acre parcel. Cypress dominates both the canopy
and the mid-story. Widely scattered cabbage palm. slash pine, daboon holly, and swamp bay are
also present. Melaleuca is connnon in the mid-story. The ground cover stratum is typically
composed of species such as swamp fern, sawgrass, Virginia chain fem, and melaleuca seedlings.
Cyoress-Pine-Cabbage Palm fFLUCCS Code 624)
Wetland areas in this category are also located on the IO%-acre parcel. These areas arc vegetated
by a' mixture of slash pine and cypress. Melaleuca dominates the mid-story. Ground cover
species include swamp fem, sawgrass, bealaush, and wiregrass. In areas of dense exotics ground
cover is primarily bare ground I melaleuca duff.
SpOil Areas (FLUCCS Code 743)
:' This disturbed upland habitat is located along the south edge of the 100-acre parcel. 1he berm is-
vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautybcny, and
grapevine. There is a 10 feet wide gap in this benn, located approximately 160 feet from the east
property comer that allows surface water to drain from the wetlands to the north into the adjacent
canal.
~
Roads and Hillhwavs CFLUCCS 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.
1bc l.~ acre mitigation area located at the downstream end of the existing Lely Canal channel
consists oCtwo FLUCCS Codes (Figure G.3). Each is desCribed below.
Draina~e Canal and Ditches (FLUCCS Code 514)
This area is the existing excavated Lcly Canal channel. It is primarily open water with "a narrow
fringe of Brazilian pepper and mangrove.
Spoil Area (F'LUCCS Code 743)
This upland area is the spoil berm I maintenance road associated with the canal. It is maintaiDed
on a periodic basis and is vegetated by a variety oCweedy 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 10:l: acre and 99: acre parcels and for the 2:l:-acre mangrove restoration area.
The majority of the perimeter of the 1O:i: acre and 9% acre parcels consist of existing wetland
mitigation areas (Figure G.I). To the south of the 99:1: acre parcels is the 154;.1: acre mitigation
area for the Naples Lakes Country Club project To the north is the 8~-acre mitigation area for
The Club Estates. That mitigation area also forms the east boundary of the 1O:r-acre parcel. The
north and west sides of the 10% acre parcel consists of the 261: acre mitigation area Cor the
Naples Heritage Golf and Country Club project.
The I.6:%: acre mangrove restoration area has also been sited in an appropriate location (Figure
GJ). To the west is a good quality tropical hardwood hanunock, 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
AppeDdh G: Eaviroameutallmpacts ADd Proposed Mitigation PIau
LASIP
SAJ-2002~~~~~~
July 19. ~o'dp~ge 93 ~f 260
P 80f 1
spreader lake and the quality of the adjacent habitats it is 1D1likely that future development would
be permitted immediately adjacent to the proposed mangrove restoration site.
G.2.d Wetland Mitigation Pin
The enhancement proposed for the 10:1: 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.
10:1: Acre and 99:1: 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 14.8:1: acres of cypress, 49.5: acres of cypress -pine, and 24.3: acres of
hydric pine tlatwoods and the enhancement and preservation of 19.9:1: 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 0.2). 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::i: NOVD. 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 NOVD) and has sufficient width to pass peak storm events without
ca,using upstream flooding. This weir will also prevent direct surface drainage of the wetlands
below elevation 9.4 feet NOVD 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 10:1: acre and 99:1: 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 talcen to minimize damage to non-
target native vegetation and disturbance to the soil. In areas with less than SO 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 0.4). The
most deeply inundated portions of the site will be planted with cypress. The transitional areas
LASfP
Appeadb: G: EDvlroDmeDtallmpacts ADd Proposed MtdgatloD Plans SAJ-2~~~~M
July 19, '2oo~~~e 94 of 260
9 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 heigbt, and planted in a random pattern at densities of
200 trees per aQ'C. In areas where live native trees are present, those trees will CO\D1t 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 fem, pickerelweed, and arrowhead. The final species list win
be based upon site-specific conditions and on plant material availability at the time of planting.
....,
1.6:1: Acre MBDlUOve 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 conmnmity to the southeast (Figure 0.5). Once _
final grades are attained, the area win be planted with salt marsh cordgrass in order to stabilize
the substrate. Mangroves will become established in the area via natural recruitment from the
sWTounding mangrove system. If, after two growing seasons mangroves do not become
established, then mangroves win be planted.
-
-
A WRAP analysis has also been conducted to detennine the amount of increase in wetland
fimction and value associated with the restoration plan (Table G.S). This analysis indicates that
the mitigation areas win contain 82.81 fimctional units at the successful completion of the
mitigation program. The existing condition WRAP analysis (Table G .4) documents that 48.81
fimctional units cwrently exist on the three sites. Therefore, the proposed wetland mitigation
plan produces 34.0 fimctional units of wetland mitigation (82.81 (post enhancement) - 48.81
(existing) = 34.0 ftmctional units produced).
Appendix G: Environmeatal Impacts ADd Proposed Mltlgatiou Plans
\Jumer liOUnty ~OCC
LASI9>.genda Item No. 8G
SAJ.2~~ ~IO_'~~)
July 19, 2~e g~ ot~
G.2.e WetlaDd MitigatioD MaiDteDaDce 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.fWetlaDd MitigatioD 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 (Le., exotic removal and restoration area
o plantings). The annual reports will document the extent of success of the project and, ifnecded, -
identify specific actions to be taken to improve conditions within the proj ect area. Sampling stations
and methodology of data collection will remain the same for all monitoring events.
.-
--
G.2.f(1) Vegetation MODitoring
The vegetation within the wetlands will be monitored using the line intercept methodology. A 300:i:
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 win also be recorded in this manner. The resulting data will be used to calculate percent
cover of the three strata.
G.2.f(Z) Wlldlife 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 ofwi.1dlife (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.
Agenda Item No. 8G
December 12, 2006
Page 96 of260
Lely Area Storrnwater Improvement Project
Mitigation Plan Schedule
Parcellnfonnatlon Parcel Number
MitiOation Area 1 2 3
MItiGation Area Size (acres) 10.1 99.0 1.6
R8grMe III MIlch SIrrcuIdIng
Mitiaation DesaiDtIon ElIIllIc \leg. R-.I ReplInl ::-c ,.::.::::, R.,-. ....- ArM. ReplInl wIh
wIIh NIIIIft s.:la
Scheduled Activity ComDletlonlSubmlUaI Dates
Initial Exotic Scecies Removal Parcels 1 8Pd 2 Dec. 31 2006 Dee. 31 2006 N1A
Rellradlna Parcel 3 N1A N1A Dee. 31 2007
NalivelSDecies P1antino Jooe 30 2007 June 30 2007 June 30 2008
Time Zero MonItonng Report submll&ed and J~ v 31 2007 Julv31 2007
Maintenance Plan Initiated J~ Iv 31 2008
First Monltorina ReDOl1 Ju v 31 2008 JiJ Fi31.2oo8 Ju Iv 31 2009
2nd Monltorino Reoort Ju v 31 2009 JiJ Iv 31. 2009 Ju Iv 31 2010
3rd Monitorino ReDort Ju 1/31 2010 .fu Iv 31.2010 Ju Iv 31 2011
Area 1 and 2 Canal Improvements and Control
Structure Instalation Dec. 31. 2010 Dee. 31 2010 NJA
4th Monitorinll Reoort Ju/v31 2011 JulY 31 2011 July 31,2012
5th Monitorino Reoort (lasO Ju/v 31 2012 JUlV31 2012 July 31.2013
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-
. ...,..,. , ..... ..
Prepared by CoWer County Stormwater Dept.
7/22/05
Collier County sacc
LASIP
SAJ-2003-10680 (IP-MJD)
July 19, 2005
0"''''0 11 "f ..
........
-....-
,
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8
SOtn.. FLORIDA WADR MANAGBMIm'1' :&. ..:3':1UCT
ENVIRONMENTAL USOtmCll:
PE~T MODIFICATION 'NO. 11-01140-S
DATE ISSUED: OCTOBER 13, 2004
Agenda Item No. 8G
December 12, 2006
Page 97 of 260
FONUIO,57
Rev._
PERMITTEE: COWER COUNTY BOARD OF COUNTY COMMISSIONERS
(WMD 6 LEL Y AND laY 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 hAANAGMENT SYSTEM TO SERVE 8300 ACR
DISCHARGING TO PERIWINKLE SAYJlNTERCOASTAL WATERWAY AND SANDHILL BAY.
CONSTRUCTION AND OPERATION AUTHORIZATION OF AN ENVIRONMENTAL RESOURCE PERMIT FOR WMD6
LELY AND LELY MANOR TO INCLUOEA SURFACE WATER 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 SAY AND ROOKERY SAY AND CONCEPTUAL APPROVAL
FOR THE REMAINING 89.7 ACRES OF THE 329.4 ACRE PROJECT.
COLLIER COUNTY, SECTION 3-10,15-25,29-31,36 TWP 50S RGE 26E _ -
-
See Special Condition No.1. See attached Rule 40E-4.321, Florida Administrative Code.
APPROVED MODIFICATION:
PROJECT LOcATION:
PERMIT DURATION:
This Permit Modification is approved pursuant to Application No. 980828-1, dated Augu<lt 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 373.4l4(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
- ",-ppropriate provisions of Chapter 373, F.S., and Sections 40E-1.6107(1) and (2), and 40E-4.351(l), (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 Bet 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 SOUTH LORIDA WATER MANAGEMENT DISTRICT
FILED WITH THE CLERK OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
~,~~l~
'Oi:PUTY CLERK 1J..
PAGE 1 OF 1
PUDZ-A~2006=AR~1----
PROJECT #2006040027
DATE: 4/25/06
HEIDI WILLIAMS
\
"
PERMI T Nb~endlll!to:o11 :NmE~
PAGE 2 D6~~~~r 9~2~t~~g
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:
11
In accordance with the specifications detailed in Exhibit
4. Th~ permittee shall be responsible for the correction of any erosion, shoaling or
water quality problems that result from the construction or operation. of jhe
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 (IDOl 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 ~endatm~~~98~
PAGE 3 D~n1'er 12,2006
Page 99 of 260
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 veri fed in the field by District staff and updated
li~ted species surveys for each area included within the project area requesting
construction approval. ~
15. Prior to the commencement of construction resulting in wetland imp:lcts 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<AgendBlJmM M:P.~
PAGE 4 ~rw>er 12, 2006
~'Page 100 of 260
their natura1 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) inunediately 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
dofuinate anyone 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 4 OE-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 acti vi ties 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 storrnwater management structures are the responsibility of Collier County
and shall be completed in accordance with Exhibits 8a-r.
PERMIT N~gen~~r~~1ft
PAGE 5 Ds~~er 12, 2006
Page 101 of 260
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.
.
,
-
-
PERMIT N<A~encfu1tt~:w&~
PAGE 6 ~e~ber 12, 2006
~-Page 102 of 260
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 conditi'ons 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 acti vi ty 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.
Turbidi ty 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. wi thin 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 rfi!ference 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 NCA:genJa1lT~ltWlfG
PAGE 7 ~eraber 12, 2006
Page 103 of 260
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
ma,intenance entity until the operation phase of the permit becomes effectiye.
Following inspection and approval of the permitted system by the District:, ~he
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-l.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..
PERMI T N~gen~llf~ t1c9.-at
PAGE 8 Ds~~er12,2006
Page 104 of 260
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,
cl~ims, 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-
l.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.
I f historical or
project site, the
service center.
archaeological artifacts are discovered
permittee shall immediately notify the
at any time on the
appropriate District
19. The permittee shall immediately notify the District in writing of any previously
submitted information that is later discovered to be inaccurate.
,,,,\~ M,~
,,""'~_'::, .~' .<lG~..
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SOUTH FlORIDA 'WATER MANAGEMENT DISTRICT
Agenda Item No. 8G
December 12, 2006
Page 105 of 260
3301 Gun Cluh Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . roD (561) 697-2574
Mailing Address: P.O. Box 24680, West Pahn Beach, FL 33416-4680 . w\'\'W.sfwmd.gov
REC8VED
October 12,2004
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Subject: Application No. 980828-1, WMD 6 Lely and Lely Manor
Collier County, S3-10,15-25,29-31,36rr50S/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.
OCT 1 ~ 2004
STORMWATER MGMT.
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 fmal 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 ~REBY 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,
'D~~ ~~~-
Damon Meiers, P .E., Deputy Director
Environmental Resource Regulation Department
DM/gh
CERTIFIED #700231500003 37389405
RETURN RECEIPT REQUESTED
GOVERNING BOARD
EXECUTIVE OFFiCE
Nicolas]. Gutierrez, Jr., Esq., Choir
Pamela Brooks-Thomas, Vicr-Clwir
Irela M. Bague
Michael Collins
Hugh M. English
Lennart E. Lindahl, F.E.
Kevin McCarty
Harkley R. Thornton
Trudi K. Williams, P,E
Henry Dean. ExcClltll'e Din'ctor
Agenda Item No. 8G
December 12, 2006
Page 106 of 260
NOTICE OF RIGHTS
~e~t~on 12~.569(1),. Fla. ~tat. (1999), re~uires t~at "each notice shall inform Ihe re~ipi.ent 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 forma1 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-O.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 10 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 Hearina: 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 SFWMO's agency
action regarding consolidated applications. for
Environmental Resource Permits and Use of Soyereign
Submerged Lands (SLERPs), must be filed within j4 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. EmerQencv 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 caUSt
immediate compliance with the terms of. the Emergency
Authorization and Order.
f. Order for Emeroencv 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 ("
a petition means that the SFWMD's final action may b,
different from the position taken by it previously.
Persons whose substantial interests may be affected by
Revised Augus\, 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 28-106.111(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 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
~e.ceipt., the ~o~plaining garty ~ay then file a civil suit for
InjunctIVe rehef 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 sult 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. 8G
December 12,2006
Page 107 of 260
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 SFWMDaction.
LAND AND WATER ADJUDICATORY COMMISSION
9. A party to a "proceeding below" may seek
review by the Land and Water Adjudicatory Commission
(FLAW AC) of SFWMD's final agency action to determine if
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and 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 FLAW AC 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 01
rendition of the DEP's order, and (0) a SFWMD order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be 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 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 01 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
publicatioo 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-' 06.402, 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, jf any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how ,the person's
substantial, ihterests 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 agrAement 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 othenNise 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, 8G
December 12, 2006
Page 108 of 260
(c) The name, address telephone numbe
and any facsimile number of the attomey or qualifiea
representative of the petitioner, (ff 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 thS 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 0
waiver is issued by the SFWMD more expeditiously thai
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.
2&-1 06.201
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 an disputed issues of material fact.
If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts allegerl
as well as the rules and statutes which entitle the petition
to relief; and
(f) A demand far 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 01 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, i1 a~y, which shall be the
address for service purposes dUring the course of the
proceeding, and an explanation 01 how the petitioner's
substantial jnterests 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 tor 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. 8G
December 12, 2006
Page 109 of 260
(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. 5., does not apply and shall not be
construed to prevent a hearing at the eatiiest 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.
Revised August, 2000
Agenda Item No. 8G
December 12, 2006
Page 110 of 260
last Date For Agency Action: 14-0CT-2004
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
.
Project Name: Wmd 6 Lely And Lely Manor
Pennlt 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, S3-1 0,15-25,29-31 ,361T50S/R26E
Permittee: Collier County Board Of County Commissioners
Operating Entity: Board Of County Commissioners
Project Area: 329.4 acres
Project Land Use: Government
DRAFT - ~
Subject to Governing
Board ApprvnI
Drainage Basin: WEST COLLIER Sub Basin: LEL Y CANAL DISTRICT 6
Receiving Body: Dollar Bay and Rookery Bay via wetlands Class: OFW
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
PROJECT'iPt}RPO'Sf::
This application requests Construction Authorization of an Environmental Resource Permit for a 239.7
acre project, part of the Lely Area Storm water 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
Page 1 of 18
Agenda Item No. 8G
December 12, 2006
Page 111 of 260
PROJECT EVALUATION:
_~~"'7"- 'f;"':""': '\:'~'$r"'"!".":"'..''1iCJi'I'al_~~~~"fgt~~i&
. " ;',.\" : __" . . .' ..., '~'\ . ,"" ." ~ . -' '" .' r . ,_. .' . _ .. ,..' _ _ ,. .. .i
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 (LCB) in the westerly portion of the area and'the Lely
Manor Basin (LMB) in the easterly portion of the area. The Lely Canal Basin discharges into an estuarine
coastal zone along the intracoastal 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 3 constitute the Lely Canal Basin, Region 4 is a tril:;lutary 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.
pfj.!1m~ig,tifJW~~~:''':.{j'~'
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
hydro periods .
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 siough lying in a north east to south west 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 18
Agenda Item No. 88
December 12, 2006
Page 112 of 260
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
hycfroperiods 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 corner 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 Lety "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 FPL 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 wI! 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 Joss 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.~o. : 980828-1
Page 3 of 18
Agenda Item No. 8G
December 12, 2006 '.
Page 113 of 260
installed to re-hydrate the slough, capacity improvement will be made to the existing canals extending
from..U.8.41 ; and a new 1:ilsol:1arge point will be created I::lY constructing a spreader lake adjacent to
another wetland flowway system that has been cut off from historic sheet flow for many years. Elements
of these improvements are included in this application for Construction and operation authorization and
are being implemented in conjunction with the Construction and Operation authorization of Permit No. 11-
02324-P I Application No. 030509-7.
Capacity improvements to the north perimeter canal of Naples Manor upstream of U.S. 41 include
constructing a weir at Warren 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 distribution9f soormwater to all the culverts crossingben~a'h 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 Naplles 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 dlitches will be modified 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 RSittlesnake 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 canaS 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 instaUation of weirs to maintain water levels and to promote replenishment of existing
wetland areas in the 1000er 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 mairutain 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 (ST A 85+81) northward to Rattlesnake Hammock Road (ST A 105+24.80)
and within the "Branch" from Rattlesnake Hammock Road (ST A 6+00) north to ST A 58+67.58.
Improvements within Region 5E include constructing the Lely Lakes East outfall from U.S. 41 (ST A
79+41.30) southward to ST A 7+91.30, and include the Lely Manor Canal spreader lake.
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.
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App.no.: 980828-1
Page 4 of 18
Agenda Item No. 8G
December 12, 2006
Page 114 of 260
Conceptual:
Area
(ae)
Project Area Water Mgnt Acreage 205.78
Preserved 110.1
Pervious 13.52
Total: 329.4
Construction:
Project:
-
This Phase -
-:"
Pervious 87.60 acres
Preserved 110.10 acres
Water Mgnt Acreage 42.00 acres
Total: 239.70
The Lely Main Canal Basin discharges via a spreader lake at the terminus of the main canal LCB-OO-
C0003. The Lely Manor Canal Basin discharges via spreader lakes at the terminus of main canals LMB-
OO-C0001 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 LASIP 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 outfall 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.
Water quality structures will be in accordance with Exhibits 11 a - 11 i. 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 FOOTs 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.
Lely Main Basin
App.no. : 980828-1
Page 5 of 18
Agenda Item No. 8G
December 12, 2006
Page 115 of 260
Region. 1 . '..' .' '"
This basin contains the Main Lely Canal south of U.S. 41.A natural uplano 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 Lely 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
This region represents a tributary system, the Lely Branch, which drains lands in the vicinity of Davis
Boulevard, into the Lely 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.
Lely 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:
Approximately 40.6 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. 8G
December 12, 2006 .
Page 116 of 260
structures, and the 8lCcavation 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 wetlandhydroperiods 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 affected 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 wiH 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.B 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 wetland, and 20.5 acres of hydric pine flatwoods is proposed. In
App.no. : 980828-1
Page 7 of 18
Agenda Item No. 8G
December 12, 2006
Page 117 of 260
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 the"wetlands and an adjacent canal.
This breach pr.ovides 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 cord grass 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~
Thi~ 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
\N~t1~nds. The l1liti.9.ation pro,":ided for the adverse impacts associated with the proposed project is located
Wlt~1n the same l;\ralnage 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
?n 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. 8G
December 12, 2006
Page 118 of 260
Wetland Inventory :
CONCEPTUAL
NEW -Lely Area Improvement Project
ONSITE
Pre-Development
Post-Oevelopmen1
Total Impacted Undisturbed Enhanced Preserved RestoredJ
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-Developmen1
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 11 0.1 0 1.60
~fiQih'g_q;SJHi~fiS.2~re2;.':,~t,:;,(;,: ......., ,;::.:'.~~ .,:,-:.,:?f::':',':: ;." {'i";::. '~:::';.- ;f(~;t:.;, ,;v.;~t::~;~;;f;;?: i.::'f.;,,~!,::.V' '.,,;':t~:;~+;;~c7::,"~':'
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, FAC,
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. 8G
December 12, 2006
Page 119 of 260
W oodstork
Reported Sightings
Use Types
Nesting
Foraging
Nesting
Foraging
Foraging
Foraging
Foraging
Nesting
Foraging
Species
Bald Eagle
Big Cypress Fox Squirrel
Potential Occurence
. Reported Sightings
Preferred Habitat
Eastern Indigo Snake
Gopher Frogs
Gopher Tortoises
Red Cockaded Woodpecker
Preferred Habitat
Preferred Habitat
Preferred Habitat
Preferred Habitat
i!\W"_~,~_j"~",~.""",,,~~;,.;~~~;"',;j!""";~"""~.tI.~),''''~'4~i\l."'I~'~-;Y-~~~~;l~1i.~'J,;~>..
~~~~~ '~~l1iI.~i;;-:.i4~~~1t~~~/i;)lloi~~t'~,. 1~~~&~<t~j.,i~'.
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.
~FM1ltt~ptJQ!ltJgl~m{t!I~#I{!l~t~]J;:{t;l~..fl~.eI;~;>;~~~.i(,;~;fi';;i/Mi~1tCc;f2;::;'
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 #0861 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 FAC., 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) FAC. 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-1.61 07, F .A.C., the permittee
is liable for compliance with the terms of this permit.
The permittee is aclvis.ed that the efficiency of a SWM system will normally decrease over time unless the
system is perlodicall{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. : 980828.1
Page 10 of 18
Agenda Item No. 8G
December 12, 2006
Page 120 of 260
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 authorization(s) prior
to the commencement of activities which will require such authorization, including construction dewatering
and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to
Chapter 40E-20.302{3) or is exempt pursuant to 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 ORis (SFWMD 10 numbers 76-63 & 84-175). The Development Orders for these
DRls were issued by Collier County on Septel1lber 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. 8G
December 12, 2006
Page 121 of 260
STAFF RECOMMENDATION:
The Staff recommends that the following be issued :
Conceptual approval of an Ellvironmenatl Resource PenTlit for a Surface Water Management System
serving a 329.4 acre stormwater improvement project known as WMD6 Lely and Lely Manor with
discharge into waters of Dollar Bay and Rookery Bay and Construction and Operation authorization for
239.7 acres related to Phase I of the surface water management system, wetland impacts, and
mitigation of the project.
Based on the information provided, District rules have been adhered to.
Staff recommendation is for approval subject to the attached
General and Special Conditions.
STAFF REVIEW:
DRAFT'
Subject to GOMmmg
Board Approval
N~RAL RES R~ MANAGEMENT DIVISION APPROVAL
/ E~~~ONMEN ALfV}LUA TIO~ , ;
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Robert G. Robbins
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SURFACE WATER MANAGEMENT DIVISION APPROVAL
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William Foley, . .
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App.no. : 9810828-1
Page 12 of 18
Agenda Item No. 8G
December 12, 2006
Page 122 of 260
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 0881 A, 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, FAC. 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. 8G
December 12, 2006
Page 123 of 260
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, FAC., 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
permitte9 plans and p,ermlt:pqnditions prior to th:8initiation.of the permitteQ, us,e.of site infrastructure
located withirt the area served by that portion or phase of the syStem.' 'l::ach 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 10 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, FAC..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence
any excavation, construction, or other activity involving the use of sovereign or other lands of the
State, the title to which is vested in the Board of Trustees of the 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), FAC., also known as the "No
Notice" Rule.
14. The permittee shall hold and save the District harmless from any and'all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any system authorized by the permit.
App.no. : 980828-1
Page 14 of 16
Agenda Item No. 8G
December 12, 2006
Page 124 of 260
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 hav2
permission to enter, inspect, sample and test the system to insure conformity with the plans anl:l
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. 8G
December 12, 2006
Page 125 of 260
SPECIAL CONDITIONS
1. The conceptual phase of this permit shall expire on October 14, 2006.
The construction phase of this pennit 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 constructi~n 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. 8G
December 12, 2006
Page 126 of 260
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 (ESRl 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 prop9sec!.
modifications to the approved form must receive prior written consent from the District. The 'easemel1t
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 inciude 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 anyone 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 Fiorida 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. : 980828-1
Page 17 of 18
Agenda Item No. 8G
December 12, 2006
Page 127 of 260
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. 1-3.0-13.9) 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 Mea 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. : 980826-1
Page 18 of 18
Agenda Item No. 8G
December 12, 2006
Page 128 of 260
STAFF REPORT DISTRIBUTION LIST
WMD 6 LEL Y AND LEL Y MANOR
Application No: 980828-1
Permit No: 11-01140-S
INTERNAL DISTRIBUTION
X Ross T. Morton, P.W.S. - 7420
X William Foley, P.E. - 7420
X A. Waterhouse - 4220
X C. Tears - 7440
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
EXTERNAL DISTRIBUTION
X Permittee - Collier County Board Of County
Commissioners .
X Agent - Law Engineering And Environmental Services
Inc -
GOVERNMENT AGENCIES
Mr. Harkley R. Thornton
Mr. Hugh English
Mr. Kevin McCarty
Mr. Lennart Lindahl
Mr. Michael Collins
Mr. Nicolas Gutierrez, Jr.
Ms. Irela Bague
Ms. Pamela Brooks-Thomas
Ms. Trudi Williams
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 & Wildlife Conservation Commission _
Imperiled Species Mgmt Section
GOVERNING BOARD MEMBERS
OTHER INTERESTED PARTIES
X Audubon of Florida - Charles Lee
X Florida Wildlife Federation - Nancy Anne Payton
X Leonore Reich
X Ricardo A. Valera, P.E. Transportation Services
Division
X S.w.F.R.P.C. Marisa Morr
X Water Management Institute - Michael N. Vanatta
Agenda Item No. 8G
December 12, 2006
Page 129 of 260
EXHIBIT 1
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Page 131 of 260
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Page 132 of 260
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Note: Base map and mltigatlOll site infonnalion received
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EXHIBIT 5
Kevin L. Erwh.
Consulting Ecologist, Inc.
20178op*"-" F""~ __ 33801 ~'lm.
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Figure G-1. Proposed mitigation site locations
Agenda Item No. 8G
December 12, 2006
Page 163 of 260
-
-
APPENDIX G
ENVIRONMENT AL IMP ACTS AND PROPOSED MITIGATION PLANS
EXHIBIT G>,
Appendix G: Environmental Impacts And Proposed Mitigation Pians
Agenda Item No. 8G
December 12, 2006
Page 164 of 260
APPENDIX G
ENVIRONMENTAL IMP ACTS AND PROPOSED MITlGA nON PLANS
G.! 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:i:-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 ofthese facilities will result in unavoidable 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.l.b 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 5 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 1
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 proj ect to
insure that similar habitats have the same FLUCCS designation across the project (Table G.l).
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. l''"LUCCS 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.
EXHIBIT'
. -rr ......--~.. - -----
Table G.!. OVERALL PROJECT FLUCCS CODE LEGEND
Agenda Item No. 8G
December 12, 2006
Page 165 of 260
FLUCCS Code
100
110
119
120
121
129
130
139
140
144
172
175
177
182
186
210
213
214
240
243
247
250
261
310
321
322
324
411
414
416
419
421
422
424
426
427
428
434
437
511
513
514
515
525
526
527
528
542
612
617
621
. Habitat Tvoe
Urban and built-up
Residential - low density
Residential- low density under construction
Residential- medium density
Mobile home units
Residential-medium density under construction
Residential - high density
Residential-high density under construction
Commercial and services
Cultural and entertainment
Religious institutions
Government facility
Other institutional
Golf courses
Community recreational facilities
Cropland and pastureland
Woodland pasture
Row crops
Nurseries and vineyards
Active nursery
Abandoned nursery
Specialty farms (horses. kennels, dairies, other)
Fallow cropland
Herbaceous/rangeland - rock outcrop
Palmetto prairies
Coastal scrub
Saltbush shrub land
Pine flatwoods-palmetto understory
Pine - mesic-oak
Pine flatwoods-graminoid understory
Scrubby pine flatwoods
Xeric oak
Brazilian pepper
Melaleuca
Tropical hardwoods
Live oak
Cabbage palm
Hardwood - conifer, mix.ed
Australian pine
Tidal creek
Ditch
Drainage canals and ditches
Drainage swales and similar features
Cattle watering pond
Borrow pit ponds
Stormwater management lakes
Stormwater management detention/retention areas
Inland tidal ponds
Mangrove swamps
Mixed wetland hardwoods
Cypress
-
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EXHIBIT t.~
Appendix G - Environmental Impacts And Proposed Mitigation Plans
Agenda Item N& 8G
December 12, 2006
Page 166 of 260
624
625
630
640
641
6411
6412
6417
642
6429
643
6461
650
740
742
743
1461
7462
148
7481
7482
811
814
8145
8146
8147
821
822
830
831
832
8321
8322
g323
8324
8325
8341
Cypress-pine-cabbage palm
Hydric pine flatwoods
Mixed wetland hardwoods and conifers
Vegetated non-forested wetlands
Freshwater marsh
Freshwater marsh, sawgrass dominant
Freshwater marsh, cattail dominant
Shrub marsh
Saltwater marsh
Saltwater marsh, shrub dominant
Wet prairie
Scrub/shrub wetland - willow/wax myrtle assoc.
Saltern
Disturbed land
Borrow area
Spoil area
Disturbed lands, herbaceous cover
Disturbed lands, shrub and brush cover
Previously cleared land
Previously cleared land, herbaceous cover
Previously cleared land, shrub and brush cover
Airports
Roads and highways
Improved, unpaved roads
Primitive dirt roads/trails
Unimproved, unpaved roads/trails
Transmission towers
Communications facilities
Utility
Electric power facilities
Electric power transmission line
Electric power transmission linc-herbaceous cover
Electric power transmission line-forested cover
Electric power transmission line-shrublbrush cover
Electric power transmission line-access road
Electric power transmission line-water bodies
Sewage treatment plant
Mod(fiers:
E I = 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.l.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.
EXHIBIT (,.
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Agenda Item No. 8G
December 12, 2006
Page 170 of 260
EXHIBI1'
I
I
Appendix G _ Ellvironmentallmpacts And Proposed Mitigation, Plans
o
Agenda Item No. 8G
December 12, 2006
Page 171 of 260
G.2 WETLAND MITIGA nON PLAN
G.2.B 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-::1: 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 ofland for sale by willing sellers. However, the County has pursued two parcels in
the northeastern portion of the study area. A 10.1::l: 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 99.2:1: acre parcel (Section IS,Township 50 South, Range 26 East).
Both parcels are contiguous to other existing wetland mitigation areas (Figure G.l). 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 lO:i:-acre parcel and the 99::l:-acre parcel consist primarily of wetlands and are typical of
the types of wetlands found throughout the Lely Area Stonnwater Improvement Project. Each
parcel was mapped using the FLUCCS mapping nomenclature (Figure G.2 and Table G.3) and
evaluated using WRAP (Table GA). The extent of exotic species infestation was also
documented and labeled as follows:
EI 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.
/-
EXHIBIT '.'1
Table G.3. Ten acre and 99:1: acre parcels existing vegetation summary
9
Agenda Item No. 8G
December 12, 2006
Page 172 of 260
Appendix G - Environmental Impacts And Proposed Mitigation Plans
FLUCCS Habitat Acres P ercen t of Acres Percent of
Code Total Total
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
Understory
424* Melaleuca 2.7 26.7 56.6 57.1
621* Cypress 2.3 22.8 - -
624* Cvoress-Pine-Cabbage Palm 1.2 11.9 - -
743 SooiI Areas 0.1 1.0 - -
814 Roads and Highways - - 0.6 0.6
TOTAL 10.1 100.0 99.2 100.0
10:1: Acre Parcel
99: Acre Parcel
* 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 411 )
This upland community type occurs as small islands scattered across the 99:l:-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 99:l:-
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 I duff with scattered patches of the species listed above.
Melaleuca fFLUCCS Code 424)
The majority of the western half of the 99:l:-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.
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Item No. 8G
pe en per 12, 2006
Pa e 173 of 260
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Cypress (FLUCCS Code 621)
This wetland community is located on the 10000-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. MeIaleuca 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.
"
Agenda Item No. 8G
December 12, 2006
Page 174 of 260
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Cypress-Pine-Cabbage Palm (FLUCCS Code 624)
Wetland areas in this category are also located on the 10:i:-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, beakrush, and wire grass. In areas of dense exotics ground
cover is primarily bare ground I melaleuca duff.
Spoil Areas (FLUCCS Code 743)
This disturbed upland habitat is located along the south edge of the 10000-acre parcel. The benn is
vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and
grapevine. There is a 10 feet wide gap in this benn, 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~hwavs CFLUCCS 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 99z-acre parcel. This area consists of the sodded side slope of the road.
The 1.6z acre mitigation area located at the downstream end of the existing Lely Canal channel
consists of two FLUeeS 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 lOz acre and 99z acre parcels and for the 2z-acre mangrove restoration area.
The majority of the perimeter of the lOz acre and 99z acre parcels consist of existing wetland
mitigation areas (Figure G.1). To the south of the 99z acre parcels is the 154::1: acre mitigation
area for the Naples Lakes Country Club project. To the north is the 86z-acre mitigation area for
The Club Estates. That mitigation area also forms the east boundary of the 10::l:-acre parcel. The
north and west sides of the 10:1: acre parcel consists of the 26 H acre mitigation area for the
Naples Heritage Golf and Country Club project.
The 1.6::1: 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 P'!'X'ffTBffT ~ .1'
Appendix G: Environmentallmpac:ts And Proposed Mitigation Plans
"
Agenda Item No. 8G
December 12, 2006
spreader lake and the quality of the adjacent habitats it is unlikely that future develop~~~~bhfcff 260
be permitted immediately adjacent to the proposed mangrove restoration site.
G.2.d Wetland Mitigation Plan
The enhancement proposed for the 10:!: acre and 99:1: acre parcels is similar in nature and will
discussed together. The activities proposed at the 1.6:1: acre site are substantially different and
will therefore be discussed separately.
10:!: Acre and .99:1: 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 ofthe mitigation plan will result
in the enhancement of 14.8:1: acres of cypress, 49.5:1: acres of cypress - pine, and 24.3:1: acres of -
hydric pine flatwoods and the enhancement and preservation of 19.9:1: acres of native uplands on -
the two parcels. Each aspect ofthe 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 9:1: 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 10:1: 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:l:-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 0.4). The
most deeply inundated portions of the site will be planted wiE:){ Rl'BlT (p. ( ')
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Agenda Item No. 8G
December 12, 2006
will be planted with slash pine. Intermediate elevations will be planted by a mix of cyp~ ~h~ of 260
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
lUsh, 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.
1.6:1: Acre Manlirrove 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 0.5). 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).
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December 12, 2006
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Appendix G: Environmental Impacts And Proposed Mitigatil)n Plans
l:>
Agenda Item No. 8G
December 12, 2006
Page 178 of 260
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.fWetland 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 300f:
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::1:: 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.
EXHIBIT ~
Appendix G: En\'ironmentar Impacts And Proposed Mitigation Plans
16
Agenda Hem No. 8G
December 12, 2006
Page 179 of 260
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:t acre mangrove mitigation area, as well as basin-wide wate~ quality improvements and the
significant hydrologic enhancements described in the Region 5 narrative, will provide additional
mitigation benefits.
G.4 VEGET A nON ASSOCIATIONS & LAND USES (FLUCCS CODES) DESCRIPTIONS
The following list identifies the range ofFLUCCS 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 density 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 bome units
This category describes areas with mobile home units as dwellings.
129: Residential-medium densitv under construction
This category describes residential areas with between two and five dwellings per acre that are
currently under construction.
130: Residential - hi2b density
This category describes residential areas with more than six dwelling units per acre.
139: Residential-bleh densitv under construction
This category describes residential areas with more than six dwelling units per acre that are currently
under construction.
EXHIBIT~.1
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Agenda Item No. 8G
December 12, 2006
Page 180 of 260
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: Relh!ious institutions
This category describes religious facilities including churches and schools.
175: Government facilitv
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. Pasture I and 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.
EX.H I B IT ~.I
Appendix G: Environment.llmpaas ADd Proposed Mitiaation Plans
18
Agenda Item No. 8G
December 12, 2006
Page 181 of 260
213: Woodland 'Pasture
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 crops
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, raneeland-rock outcro'P
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 wire grass 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.
EXHIBIT'."
Appendix G: Environmental Impacts And Proposed Mitigation Plans
,..
322: Coastal scrub
Agenda Item No. 8G
December 12, 2006
Page 182 of 260
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 -l!'raminoid 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.
EXHIBIT c..~
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Agenda Item ~o. 8G
December 12, 2006
Page 183 of 260
422: Brazilian De'DDer
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: TroDical hardwoods
This forest cover type is also refered to as tropical hammock.. The common components of tl1ls
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: Cabba1!e 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.
EXHIBIT (,.11
Appendix G: Environmentallmpacts And Proposed Mitigation Plans
".
Agenda Item No. 8G
December 12, 2006
Page 184 of 260
513: Ditch
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 spikerosh.
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, S.t. John1s-wort, dotted smartweed, sundew, spikerush and widely scattered royal fern.
514: Drainaee 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, torpedo grass, and spikerosh.
515: Drainal!e 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 waterinl! 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. Vegetarion, when present, consists of torpedograss, cattail, and scattered spikerush,
beakrush, and sawgrass.
527: Stormwater mana2ement lakes
These areas are man-made open water bodies actively used as part of the stormwater management
system.
528: Stormwater mana2ement 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
EXHIBIT~.2
Appendix G: Environmentallmpaets And Proposed Mitigation Plans
22
Agenda Item No. 8G
December 12, 2006
Page 185 of 260
542: Inland tidal.oond
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: Manl!rove 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 speci~s
include cypress, red maple, laurel oak, swamp bay, cabbage palm, willow, and slash pine. The mm-
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: Cvpress
This community is composed primarily of bald cypress, which is either pure or predominant in the
canopy. Red maple, laurel oak, red bay 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: Cvpress-pine-cabbae:e 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 rnelaleuca 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-
EXHIBIT(..1.~
Appendix G: Environmental Impacts And Proposed Mitigation Plans
....
Agenda Item No. 8G
December 12, 2006
story species include dahoon holly, wax myrtle, and myrsine. Ground cover typicafij~s ~~~ of
sawgrass, swamp fern, shield fern, chain fern, beakrush, wild coffee, and swamp lily.
641: Freshwater marsh
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 liD"
appended to this FLUCCS code indicates "disturbedll. Disturbances to the marsh have resulted from
cattle use. V egetation in the disturbed marsh area consists of smartweed, camphor-weed, climbing
hempvine, and pickerelweed.
6411: Freshwater marsh. saw2l'ass 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, an
cattail.
642: Saltwater marsh
This category is found only on the FDEP property. These marshes are not dominated by anyone
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 - willow/wax myrtle
The canopy stratum in this habitat is largely absent. The mid-story is composed of ~illow in the
depressions and wax myrtle and saltbush in the shallower fringes. The groundcover is composed of
various hydrophytic grasses and forbs.
EXHIBIT~.
Appendix G: Environmental Impacts And Proposed Mitigation Plans
Agenda Item ~t. 8G
December 12, 2006
Page 187 of 260
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 purse lane may also be present.
740: Disturbed land
This category contains land that has been previously cleared by human activities. Vegetation, when
present, inc1ud~s 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: Snoil ar~as
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 rnderals.
EX H I BIT (.,.L4
Appendix G: Environmental Impacts And Proposed Mitigation Pl1aRs
811: Airports
Agenda Item No. 8G
December 12,2006
Page 188 of 260
This category was used for the private aircraft runway associated with the Wing South development
off Rattlesnake Hammock Road.
814: Roads and hiebwavs
This category includes all asphalt paved roads and highways.
8145: Improved. uDPaved 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 andlor
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 andlor
limestone base. Most have drainage swales or ditches running along either side ofthe 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: Utilitv
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.
EXHIBIT'.
--
832: Electric power transmission line
26
Agenda Item No. 8G
December 12, 2006
Page 189 of 260
Appendix G: Environmental Impacts And proposed Mlttealion Plans
This category is reserved for linear Florida Power and Light Company electric transmission
easements.
8321: Electric Dower 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 rudera} 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 Dower transmission line-shrublbrush cover
-
--
This category is used to describe areas cleared along the FPL power line easement where there are
scattered shrubs andlor 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 Dower 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 fonned 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, ~eakrush (Rhynchospora spp.), and
sawgrass.
EXHIBIT~.li
Appendix G: En'Vironmentallmpacts ADd Proposed Mitigation Plans
8341: Sew8ee treatment plant
Agenda Item No. 8G
December 12, 2006
Page 190 of 260
This category describes the sewage treatment plant and associated ponds and structures.
G-5 LISTED Wll...DLIFE SPECIES
It is important to note that the majority ofthe 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 stonnwater management functions. On this basis, no direct or indirect
impacts to listed species are anticipated in association with the proposed improvements.
EXHIBIT ~.4
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Figure G-3. Man rove restoration miti
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Agenda Item No. 8G
December 12, 2006
Page 197 of 260
"...-
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 Tamiami 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 Co.unrY,
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 N112 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 Golf 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 Stonnwater Improvement
Project) attached hereto and incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct the (name of project) Lelv Area
Stormwater Improvement Proiect ("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 fonn - July, 2001
----..
Page 1 of5
EXlllBIT 7"..
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! Figure G-5. Mangrove restoration mitigation area proposed conditi~
Agenda Item No. 8G
December 12, 2006
Page 198 of 260
416E3
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Agenda Item No. 8G
December 12. 2006
Page 19Q, of 260
DRAFT DOCUMENT
b. Dumping or placing of soil or other substance or material as i, .
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, Of fish and wildlife habitat preservation including, bur'
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;
Standard Passive Recreation fonn - July, 2001
Page 3 of5
EXHIBIT7,
e
.
Agenda Item No. 8G
December 12, 2006
Page 200 of 260
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 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;
Standard Passive Recreation form - July, 2001
Page 2 of5
EXHIBIT1~
.
..
Agenda Item No. 8G
December 12, 2006
Page 201 of 260
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 tl}.e
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 ,
Page 4 of5
EXH'B'Tl~(')
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Agenda Item No. 8G
December 12, 2006
Page 202 of 260
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:
Donna Fiala, Chairman
Deputy Clerk
(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 fonn - July, 2001
Page 5 of 5
EXHIBIT4.~
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December 12, 2006
. Page 204 of 260
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enda Item No. 8G
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December 12, 2006
Page 206 of 260
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IN RE:
Agenda Item No. 8G
December 12, 2006
Page 207 of 260
BEFORE THE GOVERNING BOARD OF THE .
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ORDER NO. SFWMD 02-
DAO-SWM
MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA,
TO OPERATE WATER CONTROL STRUCTtJRES OF THE LELY AREA
STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN
~SPONSE 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, d!:is
Memorandum of Understanding (hereinafter referred to as MOD) for the operation of a Pubfic
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 MOD constituting a waiver of any authority by
SFWMD under Chapter 373, Florida Statutes.
--
,
1.
---)
STATEMENT OF FACTS
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.
3.
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 LAS1P control
structures as identified in Attachment HA", 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.
APPl'CAT\O~ NUM9ER
980828-1
Page 1 of 15
FORT MYERS SERVICE CENTER
. .
MEMORANDUM OF UNDERSTANDING AND AG
COUNTY RESPONSffiILITIES
AcB~~~~~
Page:.208 of 260
S SERVICE CENTl
4. COUNTY shall strictly comply with the conditions contained in any SFWMD permit for
the operation of all LASIP Emergency Structures and this MOD. COUNTY shall be
required to obtain a Permit modification from SFWMD, and if applicable, a modification
to this MOD 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 SFWMD/Big 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
SFWMD, 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 fmding 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 MOD 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
m ilie P:;;~~;;~:~::B~ts MOU, may E)(,H iID Trei ~
9 8 0 8 2 8 ~ 1 Page 2 of 15
Agenda Item No. 8G
December 12, 2006
. . . P.age 209 of 260
declared emergency or disaster m 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 MOD 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 MOD, 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.ofthe Permit and this MOD.
-
:.'"
13. Activities contemplated by this MOD 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 awritten 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. ADDLJREV1S' SU MITTAL
~
c.
A~PUCAT10N NUMQIiR
Page 3 of 15
980828=1
FORT MYERS SERVICE CENTER
..-. .------.....-..-
Agenda Item No. 8G
December 12, 2006
Page 210 of 260
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 andlor MOD is required. Changes requiring a modification to
the Permit and/or this MOD shall not be made until approved by the SFWMD.
16. This MOD 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 MOD 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 MOD 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 MOD.
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 t4eir 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 SFWMD's West Palm Beach Service Center.
22. COUNTY shall immediately notify 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.ueA"'ON NUMBER
9 8 0 8 2 8 - 1 Page 4 of 15
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!:("\OT UVI:'OC CI:'O\/I C f'1:'t-ITI:'O
Agenda Item No. 8G
December 12, 2006
Page 211 of 260
SFWMD RESPONSmILITIES
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 MOD
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 RESPONSffiILITIES
25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to
coordinate the provisions of the Permit and this MOD. - ~
26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the-
Permit and this MOD and its effectiveness in achieving the above stated objectives. Any
concerns with the terms and conditions of the Permit, this MOD 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 LA SIP Emergency Structures shall be consistent with this MOU or the MOD may be
modified accordingly. All future permit applications shall be consistent with the MOD
including the following principles:
a.
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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.
b.
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 lIl1d the private devel0Ey;tG_~Jif i ~
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Agenda Item No. 8G
December 12, 2006
Page 212 of 260
responsible for the remaining portions of the water management system within the
boundaries of the private development.
COUNTY andSFWMD 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 MOD, "emergency" is defined as a situation when inunediate 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.
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.
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 MOD, 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.
If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the
conditions established by this MOD, 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
cyclones). In the absence of being able to get previous approval from the SFWMD and
in such emergency circumstances, COUNTY may operate the LASIP Emergency
Structures as it deems necessary during such emergency circumstances 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. The COUNTY has the authority to
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
. EXKl iLl '-,
Page 6 of 1 5
980828-1
Agenda Item No. 8G
December 12, 2006
. . Page 213 Of 260
SFWMD within twenty-four (24) hours of the termmation 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 stonn or anticipated
heavy rainfall.
MISCELLANEOUS PROVISIONS
33. This MOD 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 MOD 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 MOD 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 MOD 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 MOD. 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.
ADDL/REVISED SUBMITTAL
I\Pf'UCAT\ON NUMBER
980.828"'1
Page 7 of 15
-
E HtBtsT 5
FORT MYERS SERVICE CENTER
Agenda Item No. 8G
December 12, 2006
Page 214 of 260
38. This MOD 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 MOD and the Permit.
39. Nothing in this MOD, 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
MOD.
40. There shall be no waiver of any right contained in this MOD unless in writing signed by
the party waiving such right. No delay or failure to exercise a right under this MOD 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 MOD.
41. The invalidity of one or more of the terms or conditions contained in this MOD shall not
affect the validity of the remaining portion of the MOD provided that the material
purposes of this MOD can be determined and effectuated. In the event of a conflict
between the provisions of this MOD 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 MOD.
NOTICE OF RIGHTS
Section 120.569(1), F1c.i. 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-1.5Il, Fla. Admin. Code, (also published as an exception to the Uniform
Rules of Procedure as Rule 40E-0.1 09), 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 rm
. "~"lICATION IIUMIl~R EX
9 8 0 8 2 8 _ rage 8 of 15 AUG O!1OO3
,.."',........- . ...--.... ---~ .~-- --
Agenda Item No. 8G
December 12, 2006
Page 215 of 260
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 serv~.
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-1.51 1(3), Fla. Admin. Code (also published as an exception to the Unifonn Rules of Procedure as Rule 40E-
O.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
E
Page 9 of 15
AIIl\UCATtON NUMQJ;:R
~
980828-1
AUG 0 S 2003
C()OT uVt:'P~ ~t:'O\Ilf'!: f't:'MTE:'C
Agenda Item No. 8G
December 12, 2006
Page 216 of 260
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-
O.l09(2Xc)), 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), F1a 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 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 pennit 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 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. lfthe SFWMD does
not take appropriate action on the complaint within 30 days ofreceipt, the complaining party may then file a civil
suit for injunctive relief in the 15th 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 stonnwater 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 fmal SFWMD action.
Land and Water Adjudicatory Commission
9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission
(LA WAC) of SFWMD's final agency action to detennine if such action is consistent with the provisions and
purposes of Chapter 373, Fla Stat. Pursuant to Section 373.114, F1a Stat., and Rules 42-2..013 and 42-2.0132, Fla. "\
A~PlleATION NIJMllER EX U. I~ \,
9 8 0 8 2 8 - 1 Page 10 of 15 AUG 05. 2083
t:flPi MYFRS SERVICE CENTER
Agenda Item No. 8G
December 12, 2006
Page 217 of 260
Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LAW AC within 20 days
after rendition of 1he 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 LAW AC
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 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 Subsect~cin
70.00 1 (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. S1l.'at. 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 ofthe 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 ofall 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
ilie agreemem Of;~:~;O~O~;;;~~b_ti~ inre-Ei re gency dec~:L
9 8 0 8 2, 8 "" i Page 11 of 15
/'~
AUG t) 13- 2.003
_ _ __ .. .' ..__...... ,......_. ~.^,. ^r"'..lTr"n
Agenda Item No. 8G
December 12, 2006
Page 218 of 260
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 role and believes the application of that rule
will create a substantial hardship or will violate principles of fairness (as those terms are dermed 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 vanance 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, Pursuan't 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;
Cf) 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 R ViSED SUBM\TTAl. '
(Involving Disputed Issues of Material F~ct) E X
.i"~UeATIOtJ NUMDtR 1) 5
9 8 0 8 2 8 - fage 12 of 15 fORi M'fERS SERVICE CEtn~
\
(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
Agenda Item No. 8G
December 12, 2006
Page 219 of 260
known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone
number of the petitioner's representative, ifany, 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. Ifthere 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
(t) A demand for relief.
28-106.301 Initiation of Proceedings
(Not Involving Disputed Issues of Material Fact)
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
(2)
known;
-~:
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone
number of the petitioner's representative, ifany, 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
detennination;
(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 onIer sought to be reviewed. A certificate of SenliEXblti b~TIAL
,!\,P?UCA'TION jiJUM~~R n
9 8 0 8 2 8 ~ p!ge 13 of 15
I
AUG 0 5' 2003
FORT MYERS SERVICE CENTER
Agenda Item No. 8G
December 12, 2006
Page 220 of 260
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 tbe 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) ~ow 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 oftbe 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 rule making 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-l.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.
""",ue..,"IOIJ NUMQl<:R EX
980828""1
^UG 0 5 2003 \
FORT MYERS SE~~~CE CENTER I
--.-.----'.
Page 14 of 15
Agenda Item No. 8G
December 12, 2006
subsection shall be a requirement for a detennination of sufficiency under Rule 42-2.0 132. Failur!~gHlt~e ~~~e~t
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 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 ru1emaking 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 fonnal suspension or revocation proceeding in compliance with Sections 120.569,
120.57. and 120.60, F.S.
40e-l.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.
A~;'lIeA'ttON NUMllG:R EX
980828-1
All
\
AUG 0 5 2003 \
FORT MYERS SE~~~CE CENTER
__,-..----1..
Page 14 of IS
Agenda Item No. 8G
December 12, 2006
Page 222 of 260
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
Day of
, 2003
ATTEST:
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
BY:
TONY BURNS
Assistant Secretary
BY:
Name
Title
.-
.,.
LEGAL FORM APPROVED
BY:
FRANKS. BARTOLONE
Senior Attorney
Passed and approved by the Board of County Commissioners of Collier County, Florida,
this 2.'1#.. Day of
~
, 2003.
.' ",".
(A ttestas to Chwrman' s
signature only.)
BOARD OF COUNTY COMMISSIONERS OF
COLLIERJTY~lJRIDA .
BY: -3~~J~
Tom Henning, Chairman fI
5-2.'\.03
ATTEST:
Dwight ~. Brock, Clerk
. ~'. . .t~:
B'X; ~~~I1L
D~puty Clerk :: .
A~t:)uel~"'>"\1lI "u..,..,....~
~",\i n. f'V.&J:i t.J:.t(
Approved as to form
and legal sufficiency:
f\ ~/
BY:~lw~'\ ~J /-
Thomas C. Palmer,
Assistant County Attorney
"".
~.8.0R,)p= )
I 4.,..' f..,..; "t'J 1
ADDljR EVISrn-'S.US'MlnAL
EXHI
AUG
YERS SERVICE CENTER
Page 15 of 15
SFWMD ERP Application Number 980828-1
Lely Area StoImwater Improvement Project
Collier County
~Dd~~ No. 8G
D e ~ 12, 2006
age 23 of 260
Memorandum of Understanding - Attaclunent "Au
List of Proposed Operable Discharge Structures
Lely Canal Basin - Region 2
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. EMERGENCY OPERATION
DESCRIPTION TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0120 - DoraI Circle at at
Upstream Water
1 1 - 60' wide weir with crest at e1ev. 4.0' Surface
NGVD, Increases to 5.6 4.0
2 - 5' x 5' sluice gates Elevation 5.6
LCB-OO-S0150 - Royal Wood
Upstream Water
1 - 35' wide weilr with crest at elev. 6.5' Surface
2 NGVD, Increases to 8.2 6.5
1 - 5.25' x 0.3' Rectangular Bleeder hole Elevation 8.2
with an invert elevation of 5.0' NGVD,
2 - 5' x 5' sluic~ gates
County Barn R~d Weir
Upstream Water
3 1 - 20' wide weilr 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
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0160 -E. or Royal Wood Upstream Water at at
4 1 - 50' wide weir with crest at e1ev. 7.5' Surface
NGVD, 2 - 5' x 5' sluice gates Increases to 8.9 7.5
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
EXHIB'T (.0
SFWMD ERP Application Number 980828-1
Lely Area Storrnwater Improvement Project
Collier County
Agenda Item No. 8G
D"R~c~r 12, 2006
.I. '-'L ~~ 224 of 260
Memorandum of Understanding - Attachment "A~'
List of Proposed Operable Discharge Structures
Lely Canal Basin - Region 3 continued
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LCB-OO-S0165 - N. of Whitaker Rd. Upstream Water at at
Surface
5 1 - 1 0' wide weir with crest at elev. 8.5' Increases to 9.3 8.5
NGVD, 2 - 5' x 5' sluice gates Elevation 9.3
LCB-OO-S0167 - Slough Diversion Upstream Water
6 Surface
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-13-S0100 - Whitaker Road Upstream Water
7 I - 4' x 4' sluice gate, 4' x 8' box culvert Surface 8.5 7.5
with weir crest 7.5' NGVD. Increases to
Elevation 8.5
-
...
Haldeman Creek Basin
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
HCB-OO-S0220 - Weir at Haldeman at at
Creek Upstream Water
8 Surface
I-IS' wide weir with crest at elev; 4.S' Increases to 5.1 4.5
NGVD, 1-3' x 4' wide sluice gate Elevation 5.1
Note: Defined emergency trigger based on the 2S-year, 3-day event peak stage in the adjacent channel upstream
of the subject structure.
Page 2 of 4
EXHIBIT...
. t.p
SFWMD ERP Application Number 980828-1
Lely Area Stonnwater Improvement Project
Collier County
~dp..~ No. 8G
][) ~Jrb r 12, 2006
age 25 of 260
Memorandum of Understanding - Attachment "A"
List of Proposed Operable Discharge Structures
Lely Manor Basin - Region 4
STRUC~DEgGNATIONAND DEFINED ~MERGENCY
NO. EMERGENCY OPERATION
DESCRIPTION TRIGGER pARAMETERS
Open Gates Close Gates
LCB-OO~S0130 - Loch Louise Weir at at
Upstream Water
9 1 Double crested weir - II' wide weir Surface
with crest at elev. 5.5' NGVO, and a 25' lncreases to 6.1 5.75
wide weir with crest 5.75' NGVD; Elevation 6.1
2 - 5' x 5' sluice gates
LCB-Ol-SOI48 - Davis Main Weir Upstream Water
10 1- 10' wide weir with crest at elev. 7.5' Surface 8.5 8.0
and 1 - 37' wide weir with crest at elev. Increases to
8.0'; 2 - 5' x 5' sluice gates Elevation 8.5
Le1y Manor Basin - Region 5
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER P AMMETERS
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, offelev. 2.75' NGVD
Pump 2 on elev. 3.50' NGVD, off e1ev.
3.00' NGVD
LMB-OO-S0090 - Freshwater Marsh Upstream Water
12 Surface 4.5 3.0
1 - 25' wide weir with crest at e1ev. 3.0' Increases to
NGVD, 1 - S' 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.
Page 3 of 4
EXHISlio". CI
.1 0.2
SFWMD ERP Application Number 980828-1
Lely Area Stonnwater Improvement Project
Collier County
Agenda Item No. 8G
][)T> ~e~~er12,2006
~'a~ 226 of 260
Memorandum of Understanding - Attachment "A"
List of Proposed Operable Discharge Structures
Lely Manor Basin - Region 6
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
LMB-OO-S0120 - S. County WWTP at at
13
1-100' wide weir with crest at elev. 7.0' N/A N/A N/A
NGVD (no gates)
LMB-OO-SOllO - Warren Street Upstream Water
14 Surface 6.2 4.5
1 .55' wide weir with crest at elev. 4.5' Increases to
NGVD, ] - 5' x 5' sluice gate Elevation 6.2
-
.,.
Lely Manor Basin - Region 7
STRUCTURE DESIGNATION AND DEFINED EMERGENCY
NO. DESCRIPTION EMERGENCY OPERATION
TRIGGER PARAMETERS
Open Gates Close Gates
C4C-OI-SOll 0 - N. of Wing South Upstream Water at at
15 Runway Surface
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 gates
C4C-OI-S0100 - S. End of Channel E. Upstream Water
of Wing South Surface
16 Increases to 9.7 9.0
1 .30' wide weir with crest at eley. 9.0' Elevation 9.7
NGVD, 1 - 3' x 3' sluice gate
C4C-02-S0100 - W. of Wing South Upstream Water
17 Surface
1 - 10' wide weir with crest at e1ev. 8.8' Increases to 9.4 8.8
NGVD, J - 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 charmel upstream
of the subject structure.
Page 4 of 4
EXHISIl g. ('
South Ftonas,VViilter manay""nm~ UI.~I ""
Work Schedule Requirements
Agenda Item No. 8G
December 12. 2006
Page 227 of 260
Page 1
Application No
: 980828-1
Mitigation Plan 10: LEL Y 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
Due Date
05-JAN-2005
05-MAR-2005
05-MAY-2005
01-0CT-2005
05-JAN-2006
01-APR-2006
01-0CT-2006
05-JAN-2007
01-APR-2007
01-0CT-2007
05-JAN-2008
01-APR-2008
01-0CT-200B
05-JAN-2009
01-APR-2009
01-0CT-2009
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LEL Y AREA STORMW A TER IMPROVEMENT PRO~~a Item No. 8G
WATER QUALITY AND WATER QUANTITY STRUCTURE ~AA4'2006
Page 239 of 260
Discharge Storm Frequency: 25 YEAR-3 DAY
Basin Allow Disch Method Of
(cfs) Determination
Design Rainfall: 12.2 inches
Peak Disch Peak Stage
lcfs) ( ft. NGVD)
Lely Main Canal:
LCB-OO-COOO3 N/A N/A
Lely Manor Canal:
LMB-OO-COOO 1 N/A N/A
LMB-01-COOO5 N/A N/A
963 3.47 (S. Lake)
212 2.99 (S. Lake)
334 4.41 (S. Lake)
Conveyance Design:
Conveyance Design Storm Frequency: 25 YEAR-3 DAY
Design Rainfall: 12.2 inches
Conveyance
Peak Stage
Upstream (ft.)
Peak Stage
Downstream (ft.)
Lely Main Canal Basin:
DORAL_BOX
HCBOOS0210
LCBOOC0003
LCBOOC0005
LCBOOC0025
LCBOOC0027
LCBOOC0035
LCBOOC0045
LCBOOC0046
LCBOOC0047
LCBOOC0055
LCBOOC0069
LCBOOC0070
LCBOOC0071
LCBOOC0072
LCBOOC0073
LCBOOC0075
LCBOOS0110
LCBOOS0130
LCBOOS0140
LCBOOS0151
LCBOOS0152
LCBOOS0153
LCBOOSO 154
LCBOOS0155
LCBOOS0156
LCBOOS0157
LCBOOS0158
LCBOOS0159
LCBOOS0164
LCBOOSO 166
LCB01 C0005
LCB01 C0007
LCB01C0015
4.43
6.00
3.58
3.92
4.09
4.25
5.61
6.03
6.08
6.15
6.44
8.50
8.51
8.78
8.80
9.22
9.23
3.97
5.91
6.46
8.15
8.22
8.36
8.44
8.42
8.43
8.44
8.47
8.50
8.80
9.23
4.09
6.04
6.13
4.25
4.95
3.47
3.58
3.97
4.09
5.57
5.91
6.03
6.08
6.46
8.50
8.50
8.77
8.80
9.22
9.23
3.92
5.61
6.15
8.00
8.17
8.22
8.37
8.36
8.43
8.43
8.44
8.47
8.78
9.22
4.09
5.78
6.04
EXHIBIT 11 a
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
WATER QUALITY AND WATER QUANTITY STRUCTURE S~2~~O~~
LCB01C0021 6.14 6.13 Page 240 of 260
LCB01 C0025 6.30 6.29
LCB01C0037 6.98 6.96
LCB01 C0039 7.00 6.98
LCB01C0043 7.09 7.09
LCB01C0045 7.11 7.11
LCB01C0053 8.49 8.49
LCB01C0057 8.52 8.49
LCB01C0065 8.54 8.53
LCB01COD75 8.56 8.56
LCB01 COD85 8.57 8.57
LCB01C0095 8.60 8.60
LCB01 COi05 8.65 8.63
LCB01C0107 8.67 8.65
LCB01C0109 8.78 8.67
LCB01S0WO 5.78 4.09
LCB0180112 6.29 6.14
LCB01S0120 6.53 6.30
LCB0180140 7.09 7.00
LCB0180142 7.11 7.09
LCB0180i46 7.13 7.11
LCB0180150 8.53 8.52
LCB0180160 8.56 8.54
LCB0180170 8.57 8.56
LCB0180180 8.60 8.57
LCB01S0190 8.63 8.60
LCB09C0025 6.66 6.60
LCB09C0027 6.84 6.79
LCB09C0045 8.74 8.73
LCB09C0055 8.84 8.83
LCB09C0065 8.85 8.85
LCB09C0075 8.88 8.88
LCB09C0085 8.88 8.88
LCB09C0095 8.88 8.88
LCB09S0010 6.21 6.08
LCB09S0020 6.22 6.21
LCB09S0030 6.24 6.22
LCB09S0040 6.25 6.24
LCB09S0050 6.60 6.25
LCB09S0060 6.79 6.66
LCB09S0100 7.01 6.84
LCB09S0110 7.28 7.01
LCB09S0111 8.73 8.67
LCB09S0120 8.81 8.74
LCB09S0121 8.83 8,81
LCB09S0130 8.85 8.84
LCB09S0140 8.88 8.85
LCB09S0150 8.88 8.88
LCB09S0160 8.88 8.88
LCB10C0005 6.41 6.30
LCB10C0007 6.49 6.41
LCB10C0015 6.66 6.49
LCB10C0025 6.84 6.66
LCB12C0005 8.83 8.80
LCB12C0015 9.22 9.17
LCB12S0100 9.17 8.83
-
....
EXHIBIT 11 b
LEL Y AREA SToRMW A TER IMPROVEMENT PROJiJ;Ida Item No. 8G
WATER QUALITY AND WATER QUANTITY STRUCTURE SfMMlti~. 2006
. . Page 241 of 260
LCB13C0005 8.24 8.23
LCB13C0010 8.24 8.24
LCB13S0080 8.22 8.22
LCB13S0090 8.23 8.22
LCB13S0100 8.25 8.24
LCB13S0101 8.45 8.25
LCB14C0005 8.45 8.44
LCB14C0007 7.01 7.01
LCB14S0080 8.57 8.80
LCB14S0090 8.44 8.57
LCB14S0100 7.01 7.01
LCB 1 5C0005 9.29 9.27
LCB15S0100 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
WCBRNC10 6.27 6.27
WCBRNC12 6.27 6.27
WCBRNC13 6.27 6.27
WCBRNS02 6.24 6.24
WCBRNS03 6.25 6.24
WCBRNS04 6.25 6.25
WCBRNS06 6.27 6.26
WCBRNS08 6.27 6.27
WCBRNS11 6.27 6.27
Lely Manor Canal Basin:
146
148
165
166
294
318
322
383
387
388
405
407
418
428
432
479
501
L1NK10
L1NK6
L1NK6A
L1NK6B
LMBOOC0001
LMBOOC0002
LMBOOC0003
LMBOOC0004
LMBOOC0005
LMBOOC0011
LMBOOC0013
9.43
9.33
9.19
9.15
8.18
9.33
8.20
9.69
9.69
9.69
9.41
9.37
9.69
4.51
4.52
9.59
9.69
8.88
8.84
8.78
8.35
3.20
3.24
3.26
5.75
5.78
5.93
5.94
9.33
9.19
9.15
8.88
7.39
9.33
8.18
9.69
9.69
9.59
9.37
9.33
9.69
4.50
4.46
9.41
9.68
8.84
8.78
8.35
8.20
2.99
3.20
3.24
4.50
5.75
5.90
5.93
EXHIBIT 11 c
LEL Y AREA STORMW A TER IMPROVEMENT PROJEf,!nrb Itom
WATER QUALITY AND WATER QUANTITY STRUCTURES~2~~0~~
Page 242 of 260
LMBOOC0015 6.13 5.94
LMBOOC0020 6.15 6.13
LMBOOC0022 6.17 6.17
LMBOOC0025 6.17 6.17
LMBOOC0035 6.17 6.17
LMBOOS0100 5.90 5.78
LMB01C0005 4.46 4.41
LMB01C0025 4.56 4.52
LMB01 P0035 4.96 4.56
LMB01S0105 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
LMB07C0015 4.62 4.55
LMB07C0025 4.73 4.62
LMB07C0035 5.86 5.80
LMB07C0045 5.96 5.87
LMB07C0055 6.02 5.97
LMB07C0065 6.12 6.03
LMB07S0090 4.53 4.51
LMB07S0110 5.80 4.73
LMB07S0120 5.87 5.86
LMB07S0130 5,97 5.96
LMB07S0140 6.03 6.02
LMB07S0150 6.13 6.12
LMB08C0005 5,73 5.72
LMB08C0015 5.80 5.79
LMB08S0090 5.79 5.73
LMB09C0005 5.81 5.80
LMB09C0010 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
LMB1 OS01 00 5.90 5.91
westout 4.41 4.40
-
--
Control Elevation:
Structure Area
(Acres)
Ctrl Elev
( ft, NGVD)
WSWT Ctrl Elev
( ft, NGVD) .
Method of
Determination
EXHIBIT 11 d
LEL Y AREA SToRMW A TER IMPROVEMENT PROJ:lOOl1\da Item No. 8G
WATER QUALITY AND WATER QUANTITY STRUCTURE S.~~~tg~g
Lely Main Canal Basin: Surrounding Projects
CoBarnWeir N/A 8.00 8.00 &Ior
Wetlands
Ditch Block N/A 8.50 8.50
HCB-OO-S0220 N/A
LCB-00-S0120 N/A
LCB-01-S0148 N/A
LCB-01-S0148 N/A
LCB-00-S0160 N/A
LCB-OO-S0165 N/A
LCB-OO-SO 167 N/A
LCB-OO-SO 150 N/A
LCB-01-S0130 N/A
LCB-O 1-80130 N/A
LCB-08-S0110 N/A
LCB-08-S0110 N/A
LCB-13-S0101 N/A
LCB-14-S0090 N/A
LCB-14-S0090 N/A
RIV_W_WEIR N/A
"
SpreadLake N/A
"
Lely Manor Canal Basin:
295 N/A
408 N/A
451 N/A
503 N/A
506 N/A
LMB-OO-SOO 1 0 N/A
LMB-00-S0090 N/A
4.50 4.50
4.00 4.00
8.00 8.00
7.50 7.50
7.50 7.50
8.50 8.50
9.00 9.00
6.50 6.50
5.50 5.50
5.75 5.75
4.50 4.50
6.50 6.50
7.00 7.00
7.50 7.50
8.50 8.50
4.00 4.00
2.50 2.50
7.00 7.00
8.80 8.00
5.00 5.00
9.00 9.00
9.40 9.40
2.80 2.80
3.00 3.00
EXHIBIT 11 e
LEL Y AREA STORMW ATER IMPROVEMENT PROJE~
WATER QUALITY AND WATER QUANTITY STRUCTURE S . ~~~O~~
,
LMB-00-S0110. N/A 4.50 4.50 Page 244 of 260
Westout N/A 3.00 3.00
Receiving Body:
Basin Str# Receivlna .Bodv
Lely Main Canal Basin Spread lake Wetlands of Dollar Bay
Lely Manor Canal Basin Westout Wetlands of Sandhill Bay
Discharae Structures: Note: The units for all of the elevation values of structures are (ft, NGVD)
All other units are (inches)
Weirs: Str.# Count Type Width Height Length Dia. Elev.
Lely Main Canal Basin:
CoBarnWeir 1 fixed crest 20 1.0 8.00
Ditch Block 1 fixed crest 10 8.50
HCB-OO-S0220 1 fixed crest 15 2.0 4.50. .
-
LCB-OO-S0120 1 fixed crest 60 4.00 ~
LCB-O 1-S0 148 2 fixed crest 37 1.0 8.00
fixed crest 10 1.5 7.50
LCB-OO-SO 160 1 fixed crest 50 2.0 7.50
LCB-OO-S0165 1 fixed crest 10 1.0 8,50
LCB-OO-SO 167 1 fixed crest 10 1.0 9.00
LCB-OO-SO 150 1 fixed crest 35 2.0 6.50
LCB-01-S0 130 1 fixed crest 11 2.5 5.50
LCB-13-S0101 1 fixed crest 12 7.50
LCB-14-S0090 2 fixed crest 2.5 7.5 7.50
LCB-14-S0090 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-OO-S0120 1 fixed crest 100 7.0
C4C02S0100 1 fixed crest 10 1.2 8.8
C4C01S0100 1 fixed crest 25 9.0 9.0
C4C01 S0110 1 fixed crest 30 1 .1 9.4
LMB-OO-SOO10 1 fixed crest 1000 2.8
LMB-00-SOO90 1 fixed crest 25 1.0 3.0
LMB-OO.S0110 1 fixed crest 55 3.5 4.5
SWM(lnternal) 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
L1NK12C 2 RCP 60 2.5
LCB16COO05 1 RCP 50 1.5
LCB09S0160 1 RCP 40 3
LCB09S0150 1 RCP 60 3
LCB09S0140 1 RCP 60 3
LCB09S0130 2 RCP 35 3
LCB14S0080 1 RCP 33 2
LCB14S0100 1 RCP 1200 2.5
WCBRNS11 2 RCP 40 2
WCBRNSOB 2 RCP 80 2
WCBRNS06 2 RCP 25 2
EXHIBIT 11 f
LEL Y AREA STORMW A TER IMPROVEMENT PRO~ilda Item No. 8G
WATER QUALITY AND WATER QUANTITY STRUCTURE ~~~ 2006
. age 4 of 260
WCBRNS04 2 RCP 100 2
WCBRNS03 1 RCP 550 5
WCBRf\lS02 1 RCP 2200 5
WCBRNC01 1 RCP 1200 2.5
LCBOSS0010 2 RCP 320 4.5
RIV _ LK2 2 RCP 50 3
RIV_LK1 2 RCP 50 3
LCBOBS0101 3 RCP 50 2.5
LCBOOS0130 8 RCP 40 4
LCBO'tC0109 2 RCP 650 3.5
LCB01S0142 2 RCP 120 7
LCB01S0140 2 RCP 200 7
LCBOtS0120 2 RCP 350 7
LCB1OCOO25 1 RCP 1275 4.5
LCB 1 OC0015 1 RCP 1400 4.5
LeB10COOO7 1 RCP 1300 5.5
LCB 1 OCOOO5 1 RCP 1000 5.5
HCBOOS0210 2 RCP 50 2.5
RIV _ U<3 1 RCP 30 5.5
LCB15S0100 1 RCP 33 4.42
LCB12S0100 1 RCP 40 4
LCBOOrs0140 3 RC Box 7 100 4
LCBOOS0151 2 RC Box 8 30 4
LCBOOlS0152 2 RC Box 12 20 4
LCBOas0153 2 RC Box 8 100 4
LCBOOiS015~ 1 RC Box 8 30 4
LCBOOS0155 1 RC Box 8 25 4
LCBOQlS0156 1 RC Box 8 60 4
LCBOOlS0157 1 RC Box 8 30 4
LCBOOS0158 2 RC Box 8 30 4
LCBOaS0159 2 RC Box 8 50 4
LCBOOS0164 1 RC Box 10 60 5
LCBOOlS0165 1 RC Box 10 50 5
LCBO"t 80100 2 RC Box 8 100 4
LCBOl,S0112 2 RC Box 8 35 4
LCBOl1 S0146 3 RC Box 8 175 4
LCBO'1l S0150 1 RC Box 12 125 6
LC801J S0160 1 RC Box 9 100 7
LCBO'fJS0170 1 RC Box 9 70 7
LCBOll S0180 1 RC Box 7 100 4
LCB08S0100 1 RC Box 7 100 4
LCB09S0020 1 RC Box 8 40 4
lCB09S0030 1 RC Box 8 153 4
LCB09S0040 1 RC Box 8 60 4
LCB09S0050 1 RC Box 8 2700 4
LCB09S0060 1 RC Box 8 310 4
LCB09S0100 1 RC Box 8 750 4
LCB09S011 0 1 RC Box 8 2080 4
LCB09S0111 1 RC Box 8 760 4
LCB09S0120 1 RC Box 6 720 4
LCB09S0121 1 RC Box 6 450 4
LCB13S0080 1 RC Box 8 100 4
LCB 13S0090 1 RC Box 8 1870 4
LCB13S0100 1 RC Box 8 60 4
L1NK't!1A 4 RC Box 6 100 4
RIV_W_OUT 1 RC Box 6 40 4
EXHIBIT 11 g
LELY AREASTORMWATERIMPROVEMENT PROJECT
\V A TER QUALITY AND WATER QUANTITY STRUCTURE S~!l~ 2N~0~~
. '
Lely Manor Canal Basin: Page 246 of 260
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
LMB12S0090 3 RCP 50 2.5
LtV1B03S0100 - 3 RCP 180 4.5
LMB07COO35 1 RCP 250 6 ..
.
LMB07C0045 1 RCP 800 6 ~
LMB07C0055 1 RCP 450 6
LMB07C0065 1 RCP 750 6
LMB07S0110 1 RCP 160 4.5
LMB07S0120 1 RCP 60 6
LMB07S0130 1 RCP 60 6
LMB07S0140 1 RCP 60 6
LMB07S0150 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
LMB12S0090 1 RC Box 8 70 4
LlNK10 2 RC Box 12 35 4
LMBOOCOO20 1 RC Box 8 65 4
LMBOOS0100 2 RC Box 9 175 5
LMB04S0080 1 RC Box 8 60 4
LMB04S0090 1 RC Box 8 260 4
LMB04S009S 1 RC Box 8 350 4
LMB05S0080 1 RC Box 8 120 4
LMB05S0090 1 RC Box 8 200 4
LMB0780090 1 RC Box 10 40 5
LMB08S0090 1 RC Box 8 260 4
LMB0980105 1 RC Box 8 40 4
LMB09S0110 1 RC Box 8 40 4
LMB 1080100 1 RC Box 8 250
Slide Gates: Str.# Count Type Width Height tnv. Elev.
Lely Main Canal Basin:
LCB-01-S0130 2 Square gate 5 5 0.0
LCB~01-S0148 2 Square gate 5 5 0.0
LCB-00-S0120 2 Square gate 5 5 -1.0
EXHIBIT 11 h
LEL Y AREA STORMW ATER IMPROVEMENT PROJKfi8llda Item No. 8G
WATER QUALITY ANn WATER QUANTITY STRUCTURE S~~, 2006
age 247 of 260
LCB-00-S0150 2 Square gate 5 5 2.5
CoBarn 2 Square gate 3 3 4.0
LeB-OO-SO 160 2 Square gate 5 5 2.5
LCB-OO-SO 165 2 Square gate 5 5 2.5
LCB-OO-SO 167 2 Square gate 5 5 2.5
Lely Manor Canal Basin:
LMB-00-SOO90 1 Square gate 5 5 -3.0
LMB-OO-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 Can.al Basin:
LMB-07 -S0090 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:
L CB-OO-SO 150 1 Reel. Orifice 5.25 0.3 5.0
LCB-01-S0130 1 Reel. Orifice 11.0 0.25 5.5
EXHIBIT
11
.
1
~
.....tJl" '" I, .c:.vv"+
Agenda Item No. 8G
December 12, 2006
URBAN STORMWATER MANAGEMENT PROGRAM Page 248 of 260
1.0 Introduction
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 hy~rol€:)gic
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 ManaQement
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 wa1erbodies Impl'2mentat!on of a
management plan will also maximize the effectiveness of the nutrien~s 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 attracti'/e 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 pos.s.ible.
Commercial applicators of chemical lawn products mU$t register with the Homeowners
Association annually and provide a copy of their current cccupationallicense, proof of business
liability insurance, and proof of compliance witt"J applicable education and licensing
requirements. Individual employees working under the direction of a licensed commercial
applicator are exempt from the educational requirements.
EXHIB1T IL.G
Agenda Item No. 8G
December 12, 2006
Page 249 of 260
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 wilt 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 Manaaement Proaram
Management and application of nutrients and fertilizers in the (Project Name) will adhere to the
following guidelines:
All fertilizers shall be stored in a dry storage area protected from rainfall and ponding.
No fertilizer containing in excess of 2% phosphate/phosphorus (P20S) per
guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be
applied to turf grass unless justified by a soil test.
Fertilizer containing in excess of 2% phosphate/phosphorus (P20S) per guaranteed
analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of
a drainage facility.
All fertilizer shall be applied such that spreading of fertilizer on all impervious
suriaces is minimized.
liquid fertilizers containing in excess of 2% phosphate/phosphorus (P20S) per
guaranteed analysis label shall not be applied thorough an irrigation system within 1 G
feet of the edge of water or within 10 feet of a drainage facility.
liquid fertilizers containing in excess of 2% phosphate/phosphorus (P:;:Os) per
guaranteed analysis label shall not be applied througrl 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 ProQram
Proper maintenance of plants and turi 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 man;ler 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.
EXHIBIT I~.\
~
Agenda Item No. 8G
December 12, 2006
Page 250 of 260
T~e ~se 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 chemicalcons-titu.e:nts.
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 tbe
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 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 ManaQement
In general, solid waste management involves issues related to the management and handling of
urban refuse, litter and leaves that ~viil minimize the impact of these constituents as water
pollutants.
Maintenance of adequate sanitary facilitles for temporarily storing refuse on private premises
prior to collection is considered the responsibility of the indi\~dual 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 )2-. L-
Agenda Item No. 8G
December 12, 2006
Page 251 of 260
5.0 Stormwater Manaaement 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 chemic?!1 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 ttJe 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 s-eepage 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, 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.
EXH'BIT Il,)
Agenda Item No. 8G
December 12, 2006
Page 252 of 260
5.3 Swales and Grassed Water Storaae 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 s~diment and assimilating nutrients, and recharge the underground water table.
Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked
for blockage, and, jf necessary, flushed with a high-pressure hose. After a storm; swalesjnay
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 permii, Making a ditch deeper or wider may trigger a need for a permit
modification. Provisions must also be made to prevent any downstream silting or turbidity
(Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.) 8e
sure to dispose of all removed material properly so it won't affect any other water storage or
conveyance system, environmental area. or another owner's property.
5.5 Outfall Structure (also called the DischarQed Control Structure or Weir)
The outfall structure should be routinely inspected to determine if any obstructions are present
or repairs are needed, Trash or vegetation impeding water flow through the structure should be
iemoved. 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. .
'. '."~:' ~U) fl [-Q) ffi7 I ') L(
!i. ,.\,n'1uti.:"tJ \J C/'
Agenda Item No. 8G
December 12, 2006
Page 253 of 260
6.0 Water Quality Testina
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 (FebruarylMarch) 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 wiU perform sample collection and laboratory analysis. The results of the
laboratory analyses wiU 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.
-
EXH\StT (L, <)
Agenda Item No. 8G
CONSTRUCTION POLLUTION PREVENTION PLANllecember 12, 2006
for Page 254 of 260
":.$i,""EDESC~IP:-rtC;N ..,
., ,,~',~'... "', "-" ...-~ _. .. -, ""
Project Name and
Location: (Latitude,
Longitude; or Address)
(Purpose
Soil
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 entrarce. perimeter berming and
other erosion and sediment controls; grading; excavation for the storm water management lake. storm sewer, utilities-, an~bujlding
foundations; construction of curb and gutter. road, and parking areas; and preparation for final planting, sodding, seeding and
mulchin .
Runoff Coefficient:
Site Area:
Sequence of Ma'or Activities:
The order of activities will be as follow,>:
1. Installation of stabilized construciion entrance.
1. Partial clearing and grubbing
1. Install perimeter berm(s) or silt fences with straw bale
barrier(s) adjacent to wetland areas.
1. Continue ciearing and grading.
1 Construction stsrfT1 W;:!1'3r rnanager'1eT"1t lai,es
1. Stockpile excavated soi/.
1. Stabilize den~Jded areas and stock;:;iles with,,-, 21 days of
lasl construction activity in that area.
1. install utilities, storm sewer, curb and.
Name of Recei'Jing
Waters
9. Complete grading. subgrade and base course construction.
9 Complete final paving.
9 Complete landscape grading and install permanent seedll"
and plantings
o When al! construction activity is cump1eta and the site IS
stab"zed. remove le~;porary e,3,th berms. s!r?ow ba'.e
oarners and filte!" fences and re-seed ary areas distcJr'JeCi b:,
their re"'1O'/ai.
CONTROLS
Erosion and Sediment Controis
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 10 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.
Areas of the site which will be paved will be temporarily stabilized by applying Iimerocl< subgrade until bituminous pavement can be
applied.
Permanent Stabilization: Disturbed portions of the site, where construction ar.~ivi!ies permanently cease, shall be stabilized with
sod, seed and mulch, landscaping, and/or other equivalent stabilization measure', (eg., rip-rap. geotextiles) no later than 14 days
after the date of the last construction activity. The sod shall typically be Floratam or Bahia sod. Prior to seeding. fertilizer or
agricultural limestone shall be applied to each area to be temporarily stabiHzect After seeding. each area shall be mulched with the
mulch disked into place.
EXHIBIT }j- {j
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, : .:..,. CONl"RqLS{C()iitinue'd};~,.:~:;,:.., ;j\', '.
Agenda Item No. 8G
December 12, 2006
Pane 255 of 260
.
'.,' " . ,,". ";.'., .
c-
Structural Practices
Sill Fence I Straw Bale Barrier - will be constructed along lhoseareas 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 wetland
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 covered
with filter fabric material until stabilization.
,Storm Water Manaaement ' .
The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the watel
management system will be regulated by a series of water control structures. These control structures will be used to maintain watel
levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control stnlcture~
will also be used to restrict the discharges from the project as described above. Dry pre-treatment will be provided for the golf courSE
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 wil
also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowways
Spreader swales will be heavily planted with native vegetation to heip buffer the transition from lhe manmade lakes to the natura
systems.
DISCHARGE RATES
.
.
:QTHER CONTROLS
.
----
Waste disposal: I
W2.ste Materials:
All waste materials wid be collected and slored in a trash dumpster which will meet all local and Stale solid waste management
r~gula\iors All tra5h and construct::.n debris from the site Will be deposittld in this dUlT'pster The dumpstec will be emptied as
.'locllc:d dU8 10 use a"ltjlo' Stats "nd iOC;lI ;9gulatiors, with the trash dispcsed of "t the apl~rcorlate ia".:;:i!i o::.,ratiQ(1 Nc
construction waste maler'a!s Will be buri9d onsite .0.11 personnel Will be instructed regarding thE< correct piocedure for wasta dls~osal.
N')i;CeS staling these pra,;tiees will be posted in tre construction office trail3r.
t1az3rdoJs \rVaste:
All h,,)zardo\..;s waste l'!:\aterialsN\i/ De ,jispQsed of in the mann"'r specified by local or State regulation or by the manufacturer. Site
personnel 'Nid be instructec in mese practic5s.
5.;:iitarJ 'Naste'
All sai1i\ary waste will be collected frc)m tr'8 pc1able wnits by a losel', licensed. City of FCi1 Myers sanitar/ waste 'l"anage'llC'nt
contra:!::r, as iequii'ed bl; IDeal r",:;ulaticr,.
Offsite Vehtcie 1
Trackina:
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 hauling material from
the construction site will be covered with a tarpaulin.
" ,,' TI~hNG' OF .CONTROLS/MEASURE,S
,
~
;,
;
Installation of hay bail i sill 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, andior other equivalent
stabilization measures (e.g.. rip-rap, geotextiles). After the entire site is stabilized, the silt fence / straw bale barriers can be
removed.
CERTIFICAT10N OF COMPUANCEWrn-t 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 water management and erosion and sediment control, as established in the
Chapter 40E-4 FAC and Chapter 373 FS.
EXHIBIT 13, I
3;19-100". ~ 19.1 ver- v'p. JfojA.NS
:':'''';J
"'Qgl':;'.I)O~.')O.O- :~cq. '"'508
Agenda Item No. 8G
December 12, 2006
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Erosion and SedimentControllnsoectionand 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 Dr greater.
. All measures will be maintained in good working order: jf 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 insp~ctor
is attached. ..
-
. The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activilies, and fo~
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 ooad workinq 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).
~ Uncontaminated groundwater (from dewatering excavalion).
. Ail "'!on-stcrm .....-alar discharoes will be directed to the s\:Jr~ water management facilities prior tJ discrlarCl8,
INVENTORY FOR POLLUTION PREVENTION PLAN
The materials or substances listed below ara expe.::ted to be present .)nsite dunng construction:
. Concrete . Fertilizers
. Detergent; . Petroleum 8ased Products
. Pair'ts (enamel and latex) . Cleaning Solvents
. fvlatal Sluds . Wood
. AsCh81t . Masonry BI<:)ck
. Roofinq Shinqles i . Clay or concrete bricks
EXHIBII {3,.~
3119f2()l)4. J19i1 Ver O~" J~'iA.N5
C:'ILlJ
OJ9 '..CC2.':OOC. ECoq:. ""508
Agenda Item No. 8G
December 12, 2006
_.
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Material Mana einent 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 Housekee in :
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 onslte will be stored in a neat, orderly manner in their appropriate containers, and jf 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 su erintendent 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.
If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be
followed.
Product S ecific Practices
The following produce speCifiC pracilces will be followed onsite:
Petroleum Products:
All onsite vehicles will be monitored lor leaks and receive regular preventive maintenance to reduce the chance of leakage.
Petroleum products will be slored in tightly sealed containers which will be clearly labeled. Any asphalt substances US8':j anslte "'Jill
be a plied in accordance with the manufacturer's recommend3tions and standard construction praclkes.
Fertilizers:
Fertilizers will be applied only in Ihe minimum amounts recommended by the manufacturer Once applied fertilizer 'Nil! be '/'ir.ri<.ej
into tne soil to limit exposure to stc'rm waler. Storage will be in a covered shed. The contents of any pa<tiaiiy used bags of fertlPzer
will be transferred to a sealable plastic 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 and/or state and local regulations.
/,
EXHIBIT 13, )
JJHmOO4~ 31971 Ver iJ11. JEVANS
C..uJl
t'Jg14..,C2.COO- ECOR. 750a
SPJ4h~g~e\fE~T'IQN:'~9~l.;~;,
,S iII.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 mela! 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 :::Iothing 10 prevent injury from contact
with a hazardous substance.
. Spills of toxic or hazardous malerial will be reported to the appropriate state or local government agency, regardless of tne
size.
:'"
. 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 includ.ed.
+ The Contractor's site superintendent will be responsible for the day-te-day site operations and will be the spill prevention and
cleanup coordinator. He will designate at Jeast two other site personnel who will receive spill prevention and cleanup training.
These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible
spill personnel will be sted in the malerial storage area and in the office trailer onsite.
EXHIBIT (!J,Y
3I1if2QOlt. 3 ~91' \/~r. 011, JEV"l'-IS
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_.
Agenda Item No. 8G
December 12, 2006
Page 259 of 260
October 21,2006
Melissa Zone, Principal Planner
Collier County Government
Depmiment of Zoning and Land Development Review
2800 N0l1h Horseshoe Drive
Naples, FL 34104
Dear Ms. Zone:
On Thursday November 2,2006 at 8:30 a.m. the Collier County Plalming 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 ofthe
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.
)1:. ereli1 .
~/.(.ll.?~
Ted Beisler .
General Mat;lager
. .
CC: Collier County Planning Commission
Board of County Commissioners
R; r.::::C 1\(.' r',
11 t._ ._, ", .,.<
4784 Inverness Club Drive' Naples, FL 34112
Ph: (239) 732-6700' Fax (239) 732-6402. Pro Shop (239) 732-1011
O. '-'j' co ': '1'.,.,,-
I.... I /~ ~j I. U l.J i.1
ZONil'~G DEi'P,.HT:.[,[NT
Agenda Item No. 8G
December 12, 2006
Page 260 of 260
brock_m
ZoneMelissa
From:
Sent:
To:
Wednesday, December 06,2006 4:13 PM
'Susan Fariz'; bellows_r; brock_m; Carrel Danelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s;
SandersBob
'Fred Reischl'; wiley_r; kurtz-9; GianfrancoNicolaci; PDIMRF@aol.com; PDITFF@aol.com; bellows_r;
SchmittJoseph; murray_s; CaudillScottTrinity
Subject: RE: Homes of Islandia (PUDA-2006-AR-9576)
Cc:
The applicant for PUDA-2006-AR-9576 Homes of Islandia has requested a continuance for the public hearing schedule for
December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reisch I
for the county as well as Trinity Caudil-Scott in Transportation and they agreed that their companion item should also be
continued. That petition is PUDZ-A-2006-AR-9021 LASIP.
As soon as a new hearing date has been determined I will contact everyone on the list.
Thank you
Mel.... ZOne
Principal Planner
Department of ZOning & Land Development Review
2100 N. Horseshoe Dr.
N.p.... FL 33104
239-213-2958
From: Susan Fariz [mailto:pdismf@aol.com]
Sent: Wednesday, December 06, 2006 2:46 PM
To: ZoneMelissa; bellowsJ; brock_m; Carrel Danelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob
Cc: 'Fred Reischl'; wileyJi kurtz-9i GianfrancoNicolacij PDIMRF@aol.com; PDfTFF@aol.com
SUbject: Homes of Islandia (PUDA-2006-AR-9576)
Good afternoon, all.
Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA-06-AR-9576). This
petition is currently scheduled for the December 12,2006 BCC meeting.
Thank you.
Sincerely yours,
Susan !M. yam
Project Coordinator
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive. Naples, Florida 34103
P 239.263.6934
F 239.263.6981
12/612006
--
Agenda Item No. 8H
December 12, 2Q06
Page 1 of 38
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners conditionally approves Petition
A VROW-2006-AR-9918, which seeks to vacate the County's and the Public's interest in Gulf
Shore Court and a portion of Center Street, according to the plat of "Vanderbilt Beach
Center," as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners adopts the attached Resolution
conditionally approving Petition A VROW-2006-AR-9918, which seeks to vacate Gulf Shore Court
and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded in Plat
Book 3, Page 16, Public Records of Collier County, Florida. Note that this item was originally
scheduled to be before the Board on October 10, 2006, where it was continued indefinitely at
Petitioner's request. At that time, staffs recommendation was to deny the Petition, based in part
with LDC issues. Since then, the parties have conferred, Petitioner's proposed vacation has been
modified to meet LDC requirements, and staff has put together a set of conditions which staff
believes meets the public purpose requirement of vacating this right-of-way.
CONSIDERATIONS: This matter appears to have a long and involved history.
- Vanderbilt Properties, Inc. ("Owner") owns a number of parcels located across the street
from the new County parking facility on Vanderbilt Beach Road. A Collier County Property
Assessor aerial map is attached showing the property.
- The Owner is desirous of redeveloping the property. The proposed development plan
requires the vacation of portions of Collier County right-of-way known as Center Street and Gulf
Shore Court.
- These rights-of-way were acquired in 1954 by plat 'dedication to the public, as part of a
subdivision known as "Vanderbilt Beach Center" (Plat Book 3, Page 16).
- A letter dated March 23, 2005 (copy attached) to the Owner, jointly signed by Marla
Ramsey, Norman Feder and Joseph Schmitt, stated in relevant part as follows: "With respect to the
referenced property, which is related to the proposed Parking Lease Agreement, please be advised
that Collier County's Transportation Department will assist you in its best efforts in the road
vacation process...It is understood that all of the subject road is to be vacated with no remainder
under county control.. . Furthermore, Collier County's Community Development Services will make
review of the Site Development Plans (SDP) process for this property apriority."
-
- At a Board hearing on April 26, 2005, a Lease Agreement was entered into between the
Owner and the County (Agenda Item No. 16Dl) in which the owner, "in community-minded spirit"
and at no rent, leased a portion of its property to the County as a temporary parking area for beach
goers and to provide a staging area for the construction company building the new County parking
garage. Neither the Agreement nor the accompanying Executive Summary mentioned the proposed
road vacation or the expedited review process. County staffs position is that the Owner did not
provide the stabilized parking area promised in the Agreement.
- Collier County Reso lution 2006-160 sets forth the current policy and procedure for vacating
a road right-of-way. An essential requirement in this process is a letter of no objection from each of
the adjacent property owners. The Owner of the DaRuMa restaurant, which fronts Center Street, has
Agenda Item No. 8H
December 12, 2006
Page 2 of 38
long opposed this vacation. In an apparent effort to avoid this issue, the Owner has requested that
only the western portion of Center Street be vacated, leaving the eastern portion abutting the
DaRuMa Restaurant as public right-of-way. As set forth in the conditions below, the Developer will
submit a final Site Development Plan with appropriate easement documents which will allow the
public continued access through the vacated portion of Center Street and Gulf Shore Court, as well as
access between Vanderbilt Beach Road and Center Street at the new parking garage.
- A Petition to Vacate was submitted to the County by R W A, Inc., as agent for the Owner.
The Petition could not be administratively processed as it failed to include the required Letter of No
Objection from the owner of the DaRuMa Restaurant.
- The procedure for vacating County right-of-way is set forth by Florida Statute, as
supplemented by written County Policy and Procedure, a copy of which is included as part of this
package. The procedure is not set forth in either the Collier County Code of Laws and Ordinances
or Land Development Code. Accordingly, for staff to simply reject the Petition to Vacate would
leave the Owner with no defined appeal process. Given the importance of this matter to the Owner,
the County, and to at least one adjacent property, staff is bringing this issue to the Board for its
consideration by this Executive Summary.
Synopsis of Law of Vacation of Public Right-Of-Way
Florida Statutes 9336.09 provides that County Commissioners, at a public hearing, "with
respect to property under their control may in their own discretion.. .upon petition of any person or
persons, are hereby authorized and empowered to.. . renounce and disclaim any right of the county
and the public in and to land.. .delineated on any recorded map or plat as a street, alleyway, road or
highway." Right-of-way acquired by dedication to the public by plat is not owned in fee by the
County; it is instead an easement. Accordingly, following the vacation of a public right-of-way
acquired by plat dedication, the easement is extinguished, and the abutting property owners would
then have the unencumbered fee title up to the center of the former right-of-way.
The Attorney General has opined (AG 78-118) that "if the general public is using the roads
and streets in question (including public service vehicles such as garbage trucks, police, fire, or
emergency vehicles), then the county should not close or vacate the roads or streets in question if
such vacation would be injurious to the public welfare or violate individual property rights...
Hence, absent a determination by the county commission that the general public welfare would
benefit from vacation, it should not be accomplished, and in any event, the roads or streets can be
vacated only in accordance with the statute..." The Attorney General further noted that "a right of
access to one's own property is a property right. Hence, an abutting fee owner may be entitled to
compensation from a public body when it closes or vacates a public street for the consequent loss of
such access on the theory that a property right has been taken without compensation."
For the purpose of meeting the requirement that the vacation benefit the public's interest,
Staff is recommending approval of this Petition to Vacate based on the following conditions:
1. Developer, together with its successors in interest, will forever maintain the driveway and
infrastructure improvements on that portion of Center Street remaining in the County's ownership.
2. Developer will make all County requested water management improvements designed to
remedy drainage issues in the existing subdivision including the installation of trench drains and
Agenda Item No. 8H
December 12, 2006
Page 3 of 38
other stormwater management structures, clearing any ditch blocks that may exist in the roadside
swales contained in the Southbay Drive Right-of-Way, and cleaning of stormwater culverts in the
Southbay Drive right-of-way, and on lands controlled by the Developer.
3. Developer will construct approximately 1800 +/- LF of sidewalk on the west ~ide of
Gulfshore Drive beginning at Vanderbilt Beach Road at County standards.
4. Developer, together with its successors in interest, will forever provide Collier County on
request free access to two parking spaces for its beach renourishment program for the staging and
parking of equipment.
5. Within 30 days from written request by the County Attorney, Developer will provide
Collier County with appropriate documents in recordable form, acceptable to the County Attorney,
to effectuate the conditions set forth above. Developer will bear all costs associated with preparing
and recording these requested documents.
For the purpose of curing any potential legal issues, the County Attorney is requesting the
following two conditions be imposed on any approval of this Petition:
1. That the Petitioner agree to first enter into a hold harmless agreement with the County,
drafted by the County Attorney, which would indemnify Collier County against any claims made in
connection with the requested vacation; and
2. This vacation will become effective upon approval of a final Site Development Plan and
recording of appropriate easements, approved by the County Attorney, which will allow the public
continued access through the vacated portion of Center Street and Gulf Shore Court, as well as
access between Vanderbilt Beach Road and Center Street at the new parking garage. Developer will
bear all costs associated with preparing and recording these easements.
FISCAL IMPACT: Engineering Services has collected the required $1,000.00 "Petition to Vacate"
fee from the petitioner. Although there would be no fiscal impact associated with this Executive
Summary, staff has estimated the fair market value of the subject right-of-way at approximately
$1,236,600.
GROWTH MANAGEMENT IMP ACT: 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 attached Resolution was prepared and approved by the Office
of the County Attorney.
RECOMMENDATIONS: That the Board of County Commissioner adopts the attached Resolution
approving Petition AVROW-2006-AR-9918, subject to the conditions set forth herein.
-
PREP ARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8H
December 12. 2006
Page 4 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8H
Recommendation that the Board of County Commissioners conditionally approves Petition
AVRO\N-2006-AR-9918. which seeks to vacate the Countys and the Publics Interest in Gulf
Shore Court and a portion of Center Street, accordmg to the plat of Vanderbilt Beach Center,
as recorded al Plat Book 3. Page 16. PubliC Records of Collier County. Florida. and as more
specifically described In Exhibit A
12/12/200690000 AM
Date
Prepared By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
11/30/20069:09:26 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
12/112006 10:06 AM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
12/4/20063:04 PM
Date
Approved By
David C. Weigel
County Attorney
County Attorney
County Attorney Office
12/4/20064:10 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
12/5/20068,10 AM
Date
Approved By
Mark Isackson
County Manager's. Office
Budget Analyst
Office of Management & Budget
12/5/200610,16AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Man.3gement & Budget
12/5/200612,15 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/5/2006 8:33 PM
Print Map
Agendcp~it@1 f'JAftlH
Decemo~ 12,2006
Page 5 of 38
@ 2004 Collier County Property Appraiser While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, nc
for the data herein, its use, or its interpretation
http://maps.collierappraiser .comlwebmap/mapprint. aspx ?ti tle=&orient=LANDSCAPE&pa... 5/10/2006
'.
."."
, ,,-,
Agenda Item No. 8H
December 12,2006
Page 6 of 38
COLLIER COlJN.TYG:G'lE:gNJ\tIE~T
~'"
DIVIS'IONOF PUBLl
J\DMINISTR1\TI
'Mar9b 23'. 2005
merttplease b~,
:in.iis bes.teffbr'tsc : eroad vacatIon
~38and .Block C, Lots 1 -IS. It is
. '. " . .' .undet..coUi1ty'controL. The ~:1clltiorii is .
cans) stent \vitheKhibit A . .pec;l. F1ii1hemloT , " . . lunlty D.~elopm~t ServlCeii will make
tbe.re..~iew of the Site Dcvelopmenl P18ns\(SO~:) pro~e~::for1hl s:w'operty apriority.
'-
Q~
~-drrriiStrator ".
Pu "S'~>ri"'"
t. ~. >'.
,':rmander
IAdminist1'1ltor
i 'rran_i~z
IJ :;;;. .;ch;;1?
. dministrntor
v Community Devefopmen-t Services
.~tii~~sor:eoncems regarding-this matter.
Please feel free to contactmc'a:l T74.;S468;,iryo
Porile$tic Atlll'l'illl SCf'o'iezs ....'Hul'lllI.n:.'krv'e<:$.. Libtvritn..
M u~ums ... 'I'Ar".s "-R'llCl'$lricm "'" ~nt.y~ $.llm$'!011 S;rvic:"'" .. V1;ICl'./lTlS Sen.'lees
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Agenda Item No. 8H
December 12, 2006
Page? of 38
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Agenda Item No. 8H
December 12, 2006
Page 8 of 38
COLLIER COUNTY
DAVID C. WEIGEL
COLLIER COUNTY A TIORNEY
2800 North Horseshoe Drive
Suite 300
Naples, FL 34104
Telephone: (239) 213-2939
Facsimile: (239) 530-6600
July 7, 2006
Heidi F. Ashton
Ellen T. Chadwell
Colleen M. Greene
Jacqueline W. Hubbard
Jeffrey A. Klatzkow
William E. Mountford
Thomas C. Palmer
Michael W. Pettit
Marjorie M. Student-Stirling
Scott R. Teach
Robert N. Zachary
Dwight Nadeau, Planning Manager
R W A Consulting, Inc.
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Re: Request to vacate Center Street
Dear Mr. Nadeau:
In furtherance of our discussions as to the possibility of Collier County vacating all or a
portion of the right-of-way adjacent to your client's property, this Office has fully researched the
feasibility of your request, has had extensive discussions with staff, and offers the following
comments:
Collier County Resolution 98-465 sets forth the current policy and procedure for vacating
a road right-of-way. An essential requirement in this process is a letter of no objection from each
ofthe adjacent property owners. It is our understanding that one of the affected property owners
refuses to provide this authorization. Without such as authorization, staff cannot process this
request to vacate. The procedural alternative to this administrative process is for the owner to
present his request directly to the Board of the County Commissioners through the "Public
Petition" process, The County Manager's office can assist you in this regard.
With respect to your proposal that the County vacate half of Center Street, be advised that
Section 6.06.01(L) of Collier County Land Development Code specifically prohibits a half or
partial street except when it is essential to the reasonable development of the property. Should
you elect to go before the Board, you may need to be prepared to address this issue, as well as
whether there would be sufficient right of way left after the partial vacation to meet Code.
Additional, as we previously discussed, as a condition of approval, this Office may recommend to
the Board that the property owner enter into a hold-harmless agreement indemnifying the County
against any claims resulting from its agreeing to vacate Center Street.
Please feel free to all me at 774-8492 with any questions.
Sincer~ iUTS,
Jeffrey J Klatzkow
Assistant County Attorney
Agenda Item No. 8H
December 12, 2006
Page 9 of 38
Welsh
Companies Florida, Inc.
Commercial Real Est.lte Services
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April 24, 2006
Mr. Fred W. Coyle
Chairman
Board of County Commissioners
Collier County, Florida
Re: Vanderbilt Properties, Inc. - SOP
Dear Mr. Coyle,
We are writing to you virtually one year from the date in which we entered into a lease with the Coullly to
use the vacant land we own at the corner of Vanderbilt Beach Road and Gulf Shore Drive for tcmporary
parking and a staging area for construction of the County's parking garage. In years past. we have
allowed the county to use the area for beach re-nourishment programs in addition to this ICilsc. all al no
charge, or as Article 3 of the lease reads, "In community-minded spirit the lessor will not require rent"'.
What we did ask for was an expedited SDP and building permit process so we could build the hard
surface lot the County was going to use. Please see the attached executive summary. Gulf Shore C01ll1
and Center Street were to be vacated and made a part of the entire property. There is no water
management infrastructure on these roads and they flood over every year in rainy season. Norm Feder of
your Transportation Division therefore has asked for these roads to be vacated and that we would provide
all of the drainage infrastructure in accordance with the SDP. We had asked for only hal f of Center Street
to be vacated, as the owner of DaRuMa's is the adjacent land owner. I bel ieve the County wanted it all
vacated in order to properly have us install the infrastructure. Additionally. we havc found that
DaRuMa's building is right on the property line with no setbacks.
Well, after almost a year of SDP process, but no progress with DaRuMa for the vacation to Center Street.
I met with Transportation in mid-March. The vacation of easement process requires that letters of no
objection be obtained from all entities that have interest in the right-of-way. and not being able to get the
owner of DaRuMa to sign off on the vacation request; which by the way could haw resolved his setback
encroachment. no application was able to be submitted. When this was explained to Y1r. Feder. he culled
in Mr. Hendricks to ask that the County abandon the right-or-way pursuant to the language in the lease
agreement that the County made "promises" to assist. Mr. Hendricks met with the County Attorney's
Office to in itiate the abandonment process. and was told by Jeff K latzkow that the Coullty was not going
to take any action to assist. Please see the March 21.. 2006 e-mail attached from Dwight Nadeau to Don
Scott.
We have tried to work with County staff on all such matters, however we feel we cannot rely on
"promises under the lease". It seems no one has taken this issue with any sense of responsibilty to see it
through at the County. The SOP submittal number is AR-7719. I am available to discuss these matters at
your convenience in more detail, or supply you with supplemental information. Your help in resolving
this matter is greatly appreciated.
Best Tf-. egardS'j' !
( / ....,.,-----t.
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George Vu~obratovich
Development Partner
Vanderbilt Properties, Inc.
Cc: John Waters - President
Dwight Nadeau - R W A, Inc.
Apr-2&-OS
09:39am
Frcm-Ccl I ier Ccunty Attcrney
+7740225
A9.~l')da Item No. 8H
T -431 P 1:9!IM&M bef-,l}j~ 2006
rl;\.gPag€l1D of 38
George Vuko
From:
Sent:
To:
Cc:
Dwight Nadeau [dhn@consult-rwa,com]
Tuesday. March 21. 2006 9:15 AM
DonaldScott@colliergov.net: kevinhend ricks@co1lie~ov.net
normanfeder@colliergo\l.net: George Vuko; Aaron Schimmel; Carolina Matiz-Pardo; Shannon
Orlandini; Dalas Disney; Roger Carter; John Hilton
Subject: Center Street Vacation of ROW
Good Morning Gentlemen,
Pl.fter hearing that the County Attorney's OffiClil (Jeff K1a'tzkow), opined that the County need not t2lke any action to
resolve the Oentar street vacation of ROW issue to benefit bQth the County and Vanderbilt Property's, Inc.. we
must pursue the vacation of ROW as originally depicted on the parking Lease Agreement, attached hereto. While
thilS was not the desire of the County Transportation Administration Division, who wanted the entire Center Street
ROW abandoned, we are left with no alremative. While the abandoni"gfvacating that portion of Center Street
depicted on the attached exhibit will provide fur limited drainage improvements through the Vanderbilt Properties'
SDP", the County will still be. obligated for maintenance of the remaining portion of Center Street, In front of the
Da Ru Ma restaurant. Please consider this e-mail formal notice that we are proceeding forward with the intent to
vacate/abandon the portion of the Center Street public ROW as depicted on the parking Lease Agreement
between the Board of County Commissioners and Vanderbilt Properties. Inc. Should the COl,lnty Transportation
Administration Division find it appropriate to comment. or offer suggestions related to this e-mail, or the overall
matter at hand. please do so in an expedited manner.
Thanks,
Dwight Nadeau.
Planning Manager
RWA. Inc.
6610 Willow Park Drive
Suile 200
Naples, Florida 34109
off: 239.597.0575
fax: 239-597-0578
SQth Dwight Nadeau and RWA, Inc, intend that this menage be used
exclusively by the addressee(s). Thls message may contain information that
is.prlvileged, confidential and exempt from di$Closure under appUcable law.
Unauthorized disclosure ()( use of lilts informetion is strictly prohibited.
If you have received this communication in error, please permanently dispose
of the original message and notify Dwight Nadeau immediately at the phone
number ust1ild above.
3/21/2006
03/01/2006 01:59
9414030977
WELSHCDMPANIES
AgendaF1~ N~fgW
December 12, 2006
Page 11 of 38
Agenda Item '.Jc. 16D1
Aeril 26. 2005
. Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve B. Lease Agreement with Vanderbilt Properti.lt!l, Inc. for 11!1e of
vacant land to be used for temporary parking and a eonstruc1ion ~ ax-ea without cost
to the County.
OBJECTIVE: To obtain approval by the BOSId of County Commissioners and execution of the
Lease Agreement (Lease) witb Vanderbilt Properties; Inc. for vacant land to be us~d for
temporary parking and a. staging area during consi:ru.ctio',O. of the County's parl.:ing deck at
Vanderbilt Beach.
CONSIDERATION: VlUIderl>ilt Properties, Inc. has agreed to enter into a Lease AgreemeIl!
with Collier CoWlty for use of vacant land locB!ed at !be corner of VandCrbilt Beach Road and
Gulfshore Court. Tbe subject property will provide approximately 1.20 parking spaCes for bca.ch
attendees. A portion of the subject property will also be 'Qsed as a staging area for construction
materials that will be used for the parlc:ing deck the County is proposing to construct a'; the
County-owned property at Vanderbilt Beach.
In the spirit of community mindednes5, Vanderbilt Properties, Inc. (Lessor) will not requirt: the
County to pay rent for utilizing the property. Collier County looks at this offer as a favorable
gesture to the County and 10 the community. The lease teml win be for one year, which ;hall
comme:nce on the date in which the County is issued. a building permit for the parking deck. The
Lease also includes one three-month extension to the term should the County require additional
use oftbeproperty.
Without any cost to Collier County, the Lessor will improve the subject property with a ;;olid
surfuce material suitable for vehicular parking for amioimuro of 120 vehicles. The Lessor will
adhere to all Collier County codes, that may include, but not be limited to, stom:rw'ltter,
landscaping and lighting requirements fOT the development oftbis site.
The attached Lease Agreement has been reviewed and approved by the Parks lUld Recreation
DepiiI.TtmCDt, Risk Management Depart.ment and the Office of the County Attorney.
mSCAL IMP ACT: There is no cost associated with this Lease.
GROWT,B MANAGEMENT: There is no impact on the County's long-range planning effOrt.
RECOMMENDA TIQ;lS.: That the Board of County Commissioners approve and authoriz: the
Chairn:lan to execute the attached Lease Agreeme:IIt with Vanderbilt Properties, Inc. Pet:LdiJ:l.g
final review by the Office of the County Attorney if uon-policy revisions are required.
Prepared by: Michael H. Dowling, Senior PropertY MalJagement Specialist
03/61/2085 01:55
941411l311l9n
WELSHCOMPANIES
PAGE eJ5/~genda Item No, 8H
16 D IDecember 12, 2006
. Page 12 of 38
c; OLe, -
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Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT CTltered into thi~t." I ~ay of r ,. L -' 2005,
between V ANDERBlLT PROPERTIES. INC., a Florida Corporation, whose ailing address is
c/o Susan Hanson, 15 South 5th Street, Suite 900, Minneapolis, Minnesota 55402. bereinafter
referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of tht~ State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, Tlereinafter
referred as "LESSEE."
WITN,ESSETH
In consideration of the mutual covenants contained herein, and other 'valuable
consideration. the parties agree as follows;
ARTICLE 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases :from LESSOR the
property described in Exhibit "A" which is attached and made a part of this Lease, hereinafter
referred to as the "Demised Pnmrises", in order to provide a temporary parking area for beach
goers and to provide a staging area for the construction company building the LESSEE'S parking
garage which is located Ilearby.
LESSEE covenants a....d agrees not to use, occupy, suffer Qr permit said Demised
Premises or any part thereof to be used or occupied for any purpose contrary to IllW or the rules
or regulations of any public authority.
ARTICLE 2.
Tenn of Lease
LESSEE shall have and hold the Demised Premises for a term of one year, commencing
'on the date in which LESSEE is issued a building penn it for the proposed parking gEll'age to be.
placed on LESSEE'S property which is adjacent to tbe Demised Premises. If LESSEE'S
construction should be completed prior to the one-year lease teon, LESSEE shall have the right
to terminate this Lease by providing LESSOR with thirty-day written notice of such tennination. ;
If LESSEE'S construction should not be completed by the end of the one-year 1,~ase term,
LESSEE shall be granted to the option, provided it is not then in default of any of the terms of
this Lease, to renew same for an additional three months, under the terms and conditions as
provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less
than thirty days prior to the expiratiQn of the leaSehold estate hereby created. Said notice shall
become effective upon actual receipt by LESSOR . "
ARTICLE 3. Rent
. ,
In community-minded spirit, the LESSOR shall not require rent from LESSEE for this i
Lease and LESSEE'S use of the Demised Premises. LESSOR acknowledges that :LESSEE'S.
promises under this Lease are sufficient consideration to LESSOR to render this Lease '_ .
mutually binding on both parties hereto. ,. , . :
ARTICLE 4.
Other :Exoerises and Charges
LESSEE shall pay all janitorial services, utility charges and maintenance of parking' .
surface pertaining to the Demised Premises.
ARTICLE 5.
Modifications to'Demised Premises
LESSOR shall provide LESSEE with a minimum of 120 parking spaces fol' beach
attendees' vehicles. Without any cost to the LESSEE, LESSOR shall improve tb.; Demised
Premises with a solid surface, in a material selected by LESSOR., which material is f;uitable for
. ;. _ thUUbj~t;1~:ehi~l~ p~~g.,
I
PAGE 07/Agenda Item No. 8H
December 12, 2006
Page 13 of 38
03/01/2006 01:55
9414030977
WELSHCOMPANIES
LESSOR covenants and agrees in connection with any maintenance, repal~D 1
erection, construction, improvement, addition or alteration of any authorized modi.fications,
additions or improvements to the Demised Premises, to observe and comply with ail then and
future applicable laws, ordinances, rules, regulation, and requirements of the United States of
America, St:lLe of Florida, County of Collier, and any and all governmental agencies having
jurisdiction over the Dcmised T'n':ll1i.ses.
If LESSEE should elect to make any improvements at the Demised Premises, prior to
milking any such ehang.:.s, alteriltions, additions ()r improvements, LESSEE will provide to
LESSOR all proposals and phms for alterations, improvements, changes or additions to the
Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and
extent of each desired alteration, improvement, change, or addition, along with the cOlltemplated
starting and completion till1e tor all of the same. LESSOR or its designee will then have lhirty
(30) clays within which to llpprove 01' d\;I1Y in wriling said request ror changes, improvements,
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, cllanges or additions proposed by LESSEE. If after thirty
(30) days there bas been 110 writteu rejection del1verecl by LESSOR to LESSEE regt,rdin&.,said
proposals or plans, then sLlch silence shall be deemed as an APPROVAL to such reql1est of
LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work,
erection, construction, improvement, addition or alteration of nll modi fications, additions or
in1provemenb by LESSEE La tbe Demised Premises, to observe and comply with all then
applicable laws, ordinances. niles, regulation. and requirements of the United Stales of America,
SUlte of Flol'ida, County of Coil ier, and any and all governmental agencies having jurisdiction
over the Demised Premises.
. An alterations, improvements, and additions to said Demised Premises shall at once,
when made or installed, bc deemed as attached lo the freehold and to have become property of
LESSOR. Prior to the termination of this Lease. including any renewal term thereof; or within
thirty (30) days thereafter, jr LESSOR so directs, LESSEE shall promptly remoye all such
additions, improvements, alterations, tixtures and installations which Were placed in, on or upon
the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and
repair any damage occasioned to the Demised Premises by such removal and in dcfuLllt thereof,
LESSOR may complete said removals and repairs at'LESSEE'S expetlse.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
after reasonable oral notice (estimated to be one hour or less) to LESSEE, in each instance, to
enter into and upon the Demised Premises or any part thereof at all reasonable hours for the
pLlrpose of examining same or making repairs, or janitorial service therein, and for lhe purposes
of ins peel ion for compliance with provisions of this Lease Agreement.
ARTICLE 7.
AssiID1ment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to permit any other persons, other tllan another County agency, to
occupy same without the prior expressed written consent of LESSOR. Any such BS!;ignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from the (enns,
conditions and covenants of this Lease.
ARTICLE 8.
Indemnity and Insurance
To the extent legally possible, the parties will continue the insurance arrar,gements in
effect at the time of the commencement of this Lease.
ARTICLE 9.
Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises tidy at all times.
If said Demised Premises are 110t kept clean in the opinion of LESSOR, LESSEE will be so
advised in writing. If corrective action is not commenced by LESSEE within ten (10) days of the
2
..
PAGE 68/A~enda Item No. 8H
December 12, 2006
Page 14 of 38
83/81/20e6
ell: 55
9414036977
WELSHCO/rf'ANIES
receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE
shall assume and pay all necessary cleaning costs and such costs shall constitute rent whflb ~aln 1
be paid by LESSEE within thirty (30) days of receipt of written notice of costs inc.LeD:LI
LESSOR.
ARTICLE lO.
Default by LESSEE
Failure of LESSEE to comply with any provision of this Lease shaH constitute, a default
and LESSOR may, at LESSOR'S option, terminate Lhis Lease after thirty (30) days wri1ten notice
to LESSEE, unless the default be cured within that nolice period (or such additional time as is
reasonably required to correct such default).
ARTICLE 11.
Default bv LESSQR
LESSOR shall in no event be charged with default in the performance of any of its
obligations hereunder unless and until LESSOR shall have failed LO perform such clbligations
within ninety (90) days (or such additional time as is reasonably required to correct sud; default)
after written notice from LESSEE to LESSOR properly specitYing wherein LESSOR has failed
to perform any sLlch obligations.
ARTICLE 12. Notices
Any notice which LESSOR or LESSEE may be req\lired to give to the other party shall be
in writing to the other parLy at {he rollowing addrc;:sses:
LESSEE:
Board of County Commissioners
do Real Estate Servic~
3301 Tamiami Trail East
AdministrariOll Building
Naples, Florida 34112
LESSOR:
Vanderbilt Properties, Tnc.
c/o Karen Hanson
15 South 5,h Street, Suite 900
Minneapolis, MN 55402
Copy to: Office of the County Attorney
Director, Parks and Recreation Dept.
ARTICLE 15,
Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Prenlises upon expiration of this Lease, including extensions, or its earlier terminatic.n, broom clean
and in as good condition and repair as the SRIlle shall be at the commencement of the term of this
Lease or may have been put by LESSOR or I.ESSEE during the conLinuancc thereot; ordinary wear
and Lear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16.
General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that prov1ded to any orher business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility
and cost of LESSEE and shall involve no cost or expense to LESSEE.
LESSEE expressly agrees for itself; its successor and assigns, to refrain frOm any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations.
ARTICLE 17.
Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18.
Qovemiml Law
This Lease Agreement shall be governed and construed in accordance with the laws oflhe State of
Florida.
3
...
. El3/ Ell / 2ElEl5 01: 55 9414030977
WELSHCOMPANIES
PAGE El9/~enda Item No. 8H
-L 6 1 December 12, 2006
. D Page 15 of 38
..
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED: y ';::;..0 r;;.2 c) ().:;--
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DWTqflT'~..~O~~...~u.:rk
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AS TO THE LESSOR:
DATED: ~-I~-D5
AT~U}< W~
'"'-'2J\oi K~ ~ Secretary
f'\ ~ ''1
~TNESS (signature)
w
c.i(}i!~(. li!.1liel;I'~~tOVid-l',
print name
Approved as to form and legal sufficiency:
};\MJ?J~
ThomasC. Palmer
Assistant County Attorney
BOARD OF COUNTY COMM1SSTONERS,
COLLIER COUNTY. FLORIDA
-1, n ~
BY: }~ W.
FRED W. COYLE, Chairm8 -
V ANDERBIL T PROPERTIES, INC.
BY'~]
J'I-IAI f lZ.... , President
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PAGE 18/16
Agenda Item No. 8H
: December 12, 2006
1 1 .... Page 16 of 38
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Agenda Item No. 8H
December 12, 2006
Page 17 of 38
RESOLUTION 2006-160
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPERSEDING AND REPLACING RESOLUTION 1998-465 IN
ORDER TO AMEND THE POLICIES AND PROCEDURES
FOR: 1) THE CLOSING A..~D VACATION OF ROAD RIGHTS-
OF-WAY; 2) THE VACATION AND ANNULMENT OF PLATS
OR PORTIONS OF PLATS OF SUBDIVIDED LAND; AND 3)
THE EXTINGUISHMENT OF PUBLIC EASEMENTS
CONVEYED BY SEPARATE INSTRUMENT RECORDED IN
THE PUBLIC RECORDS (CONVEYANCES OTHER THAN ON
A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED
LAND, EXCEPT FOR PUBLIC ROADS.
WHEREAS, the Board of County Commissioners of Collier County, Florida (Board),
pursuant to Sections 125.01, 125.37, 177.101, 336.09 and 336.10, Florida Statutes, Collier
County Ordinance No. 2001-57, and the Coilier County Land Development Code is authorized to
grant or deny vacations and annulments of plats of subdivided land, road rights,of-way,
alleyways, and public dedicated easements conveyed by separate instrument recorded in the
public records; and
WHEREAS, the Board, on November 17, 1998. adopted Resolution 1998-465 which
amended the policies and procedures previously established for the above; and
WHEREAS, the Board desires to further amend the policies and procedures for: I)
closing and vacation of road rights-of-way; 2) vacation and annulment of plats or portions of
plats of subdivided land; and 3) extinguislunent of public easements conveyed by separate
Instrument records in the public records (conveyances other than on a subdivision plat) on platted
or unplatted land, except for public roads.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. This Resolution supersedes and rep~aces Resolution 1998-465.
2. The policies and procedures for the closing and vacation of road rights-of-way are
amended and set forth in Attachment "A", incorporated herein and made part of this
Resolution.
3. The policies and procedures for the vacation and annulment of plats or portions of plats
of subdivided land are amended and set forth in Attachment "8" incorporated herein and
made part of this Resolution.
4. The policies and procedures for the extinguishment of public easements conveyed by
separate instrument records in the public records (conveyances other than on a
subdivision plat) on platted or unplaned land, except for public roads, are amended and
set forth in Attachment "C", incorporated herein and made a part of the Resolution.
BE IT ALSO RESOLVED, that the Clerk be directed to record this Resolution in the
Public Records of Collier County, Florida.
Agenda Item No. 8H
December 12, 2006
Page 18 of 38
THIS RESOLLJ'TION ADOPTED after motion. second, and majority vote favoring same
this ,Jj t!l. day of J Ll I Y , 2006.
ATTEST:
DWIGHT E. BROCK. Clerk
~~~
Sl9n&t,.-. Mill ,eputy Clerk
BOARD OF COUNTY COMMISSIONERS
COll.IER COUNTY. FLORIDA
BY~~/
FRANK HALAS, Chairman
Agenda Item No. 8H
December 12, 2006
Page 19 of 38
Attachment h A"
POLICY AND PROCEDURE
ON THE CLOSING AND VACATION
OF ROAD RIGHT.OF-WAY
A. AUTHORITY:
Sections 336.09 and 336.10, Florida Statutes.
8. POLICY: When a request is in the interest of the general public welfare or where no public
detriment is established and when said reauest does not invade or violate individual
property rights and otherwise qualifies under Section 336.09, Florida Statutes, the Board of
County Commissioners (BCC) may:
1. Vacate, abandon, discontinue and close any existing public or private street, alleyway,
road. highway. or other place used tor travel, or any portion thereof, other than a state
or federal highway, and to renounce ancl disclaim any right of the County and the pUblic
I:; and to any land in connection tnerewith.
2. Renounce and disclaim any right of the County and the pubfic in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or highway purposes, other than lands acquired for state and federal
highways.
3. Renounce and disclaim any right of the County and the public in and to land, other than
land constituting, or acquired for, a state or federal highway, delineated on any
recorded map or plat as a street. alleyway, road, highway or other place used for
vehicular travel.
C. PROCEDURE:
i. /". potitlOr. tor :1"'18 V:1c.:ltlon of read right of wJ.y ic to bo cubmlttec to Planning Sorvicoc
on tho form 2~:::l::hod. The DDtltion :llUC: bo J.~cor:1pJ.njGd by J. ;iiing feo 01 ono
ih:)ucanc :io!l:a.rc ($1.000:.
1. .An aDolication for the vacation of road riaht-of-wav is to be completed alona with the
iisted items needed for review and to be submitted to Community Develooment and
Environmental Services. It must be accompanied bv a non-refundable apolication tee
(reter to Community Develooment and Environmental Services current fee schedule for
the apollcable fee \.
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that
part of the parcel sought to be vacated (FEE SIMPLE DEED). If petitioner is not the
owner of the fee simple title, petitioner shall provide a statement demonstrating the
Agenda Item No. 8H
December 12, 2006
Page 20 of 38
reason for the request including any property or financial interest or projects
affected by a granting of such request.
b) A statement explaining the general public benefit received from the proposed
vacation.
c) A copy of the document which granted, conveyed or dedicated the right-ot-way to
the County or the public.
d) Certificate{s) showing ail State and County taxes have been paid for the subject
parcel.,.... Roquirod if petitioner is the owner, or potitionor ic the agent of owner, of the
fee simple title to the whole or part of the parcel sought to be vacated. (Available
from the Collier Counly Tax Collector's Office, Building C-1, at the Government
Center),
e} Assessment Map depicting area of proposed vacation. (Available from the Collier
County Property Appraiser's Office, Building C-2, at the Government Center).
f) List of abutting and other property owners within 250 feet of the proposed vacation
to include:
(1) Name
(2) Address
(3) Zip Code
(4) Parcel Number
g) Site Plan - the site plan must be on 8 lh" X 11" paper and show all data pertinent to
the proposed vacation, which shall include at least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights-at-way,
easements, setbacks, off-street parking, proposed and/or existing structures,
and any proposed landscaping.
(5) Location at proposed vacation and, it applicable, proposed dedication.
h) Legal description of what is to be vacated submitted on 8 YZ" X 11" paper as Exhibit
"A". This legal description is to be accompanied by a sketch of the legal
description. Both the legal description and sketch are to be signed and sealed by a
Florida Professional Surveyor and Mapper and have a "Prepared by" block listing
the name and address of the Florida Professional Surveyor and Mapper.
i) When applicable, a copy of the recorded subdivision plat. (Available from the Clerk
of Gourt Recording Department on the 4th Floor of Building F at the Government
Center).
j) "Letters of No Objection" from all pertinent utility companies or authorized users of
ti,e easement and/or dedicated public area as determined by Community
Development and Environmental Services Administrator or his designee. Such
letters may include but shall not be limited to the following:
(1) Collior County Utilitiec
Agenda Item No. 8H
December 12, 2006
Page 21 of 38
(2) Collior County Engineering Rovlew 8orviooc
(3) 8oWor County :r::mcport.1tion Dop.1rtmont
(1) Collier C:ounty W::l.:or r./ionogomont
(1) Electric Company
(2) Telephone Company
(3) Cable TeleviSion Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control District
(7) Adjacent property owners
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Uoon submittinq the petition for approval. Community Development and
Environmental Services will distribute the packaQe to the followinQ areas for their
aooroval or objection.
1) Collier County Utilities/PUED
2) Collier Count\! EnoineerinQ Services - Subdivision Review
3) Collier County EnQineerina Services - Stormwater Review
4) Collier County Transportation Division
If the petitioner is unable to oet the oertinent "approvals" or Letters of No Obiections
trom the listed above then the application is deemed denied.
k) If a replacement easement is required by Collier County, the following shall be
submitted:
(1) Legal description and sketch of what is to be dedicated, signed and sealed by
a Florida Professional Surveyor and Mapper and have a "Prepared by" block
listing the name and address of the Professional Surveyor and Mapper.
(2) Attorney's title opinion or Ownership & Encumbrance Report by a title
company (current).
(3) Executed conveyance document.
(4) Executed subordination documents.
3. Pl.:mning Sor/i:::;oc v,'j;l ro'/iow tl~o petition :if::Plic3tioR for comp:otonecc :ino complianco
v;ith :hc Rccolutio....... PI:1nning Sorvicoc will prop3re on :1oproprbto oxecutivo cumrr.ar:~:
and rocolL:tion and transmit botrl document8 to tho officn o~ the Coun:y Ntarnoy's Of.HsB
tor .1p;:;rova!
3. Community Development and Environmental Services will review the aoolicat:on for
comoleteness and ccmoliance with this Resolution. Community Development and
Environmental Services will prepare an aooropriate executive summary and resolution
and transmit both documents to the office of the CountY Attornev for aoproval.
If approved as to form and legal sufficiency by the County attorney, the petition will be
filed with the Clerk to the Board with a request for a time and date for a pUblic hearing.
The petition msy be placed on the BCe agenda to establish a time and date for a public
neanng o)i Reso:u:ion Dursuant to Section 336.09, Florida Statutes.
Agenda Item No. 8H
December 12, 2006
Page 22 of 38
4. Once the time and date of the public hearing are established. the Clerk to the Board
shall publish legal notice of the hearing one time in a newspaper of general circulation
at least two weeks prior to the date stated therein for such hearing.
5. The petitioner and all property owners within 250 feet (and others as may be required
by PI::mning Servic9c Communitv Development and Environmental Services) of the
requested vacation parcel shall be given notice by the Clerk to the Board; stating time.
place and date of public hearing, by regular mail. If the number of property owners
within two hundred fifty feet (250') exceeds twenty (20), petitioner shall incur an
additional postage and handling charge of fifty cents ($,50) per additional property
owner.
6. In the event that the petitioner for the property in question does not represent himself at
the public hearing(s), he must provide a signed letter or other appropriate
documentation which authorizes another specific person to represent him.
7. The Board of County Commissioners shall then hold a public hearing and any approved
resolution by such governing body shall have the effect of vacating all reauested streets
and alleys which have not become highways necessary for use by the traveling public.
8. Notice of the adoption of such a resolution by the Commissioners shall be published by
the Clerk to the Board one time. within 30 days following its adoption, in one issue of a
newspaper of general circulation published in the County. The proof of publication of
notice of public hearing, a certified copy of the resolution, and the proof of publication of
the notice of the adoption of such resolution shall be recorded by the Clerk to the Board
in the Public Records of the County.
9. The processing of this petition shall coincide, where applicable. with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staft reviews, reviews by aavisory bodies, or the
Board of County Commissioners, so that the decision on such vacation shall occur at
the same meeting at which time the reuse application is reviewed by the Board of
County Commissioners,
10. Once the aopllcation is accePted for review it will remain under review so lono as a
resubmittal in response to a county reviewer's comments is received within 90 days of
the date on which the comments were sent to the applicant with a one time extension of
an additionai 90 days upon written notification. If a response is not received within this
time, the apolication for request review will be considered withdrawn. Further review of
the proiect will require a new apolication subject to the then current code.
Agenda Item No. 8H
December 12, 2006
Page 23 of 38
Attachment" Bn
POLICY AND PROCEDURE
FOR THE VACATION AND ANNULMENT OF PLATS OR
PORTIONS OF PLATS OF SUBDIVIDED LAND
A. AUTHORITY: Section 177.101 Florida Statutes, and Collier County Ordinance No. B+4+
01-57 and the Collier County Land Development Code.
B. POLICY: ~&ts may be gr3nted as long 3& tA€--f:l-ublic tJenefit is established or-ftGt
I*:lblic dotrimont is detorminod and ....'henever :IS s~3tej in Seeton 177.101. Florida
Stotutes: When a reauest is in the interest of the Qeneral public welfare or no public
detriment is established and the request does not invade or violate individual oroDertv
riQhts and otherwise Qualifies under Section 336.09. Florida Statutes the Board of Countv
Commissioners (BCC) may adoot resolutions vacatinq plats in whole or in Dart of
subdivisions In said counties, retumlnq the prooerty covered by such plats either In whole
or in part into acreaQe
C. PROCEDURE
1. ,\ petition for triO V3c3tion ::md annUlment of pi3tS or portlone of olats of cubdivlGee
laAG-+& te be subm:tted to Plannir.g Ser'/ice~#1e form attached. The petition must
W-accompamed by .3 filii1fl foe Gk)no t~:::lCl[;::md ~olla;s (So; ,000'..,
To oetition for the vacation and annulment of plats or carbons of plats of subdivided
land an apolication is to oe completed atonq with the listed Items needed for review.
The aDplication must be submitted to Community Develooment and Environmental
Services accompanied bv a non-refundable aoolication fee (refer to Community
Deveiopment and Environmental Services current fee schedule for the apolie.able fee)
2. The petitioner must also provide:
a) Evidence to show that the petitioner owns the fee simple title to the whole or that
part of the parcel sought to be vacated (FEE SIMPLE DEED}.
b) A statement explalnlna the oeneral PUblic benefit received from the oroposed
vacation
c) Certificate showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Govemment Center).
Agenda Item No. 8H
December 12, 2006
Page 24 of 38
d) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Building C-2, in the Government Center).
e) List of abutting and other property owners within 250 feet of the proposed vacation
to include:
(1) Name
(2) Address
(3) Zip Code
(4) Parcet Number
f) Site Plan - the site plan must be on 8 Y2H X 11" paper with an adequate scale
showing all data pertinent to the proposed vacation, which shall include at least the
following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights-of-way, easements,
setbacks, off-street parking, proposed and/or existing structures, and any
proposed landscaping.
(5) Location of proposed vacation and, if applicable, proposed dedication.
g) Legal description of what is to be vacated submitted on 8 'Yz" X 11" paper as Exhibit
"A" to the petition. This lega! description is to be accompanied by a sketch of the
legal description. Both the legal description and sketch are to be signed and
sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by"
block listing the name a nd address of tne Florida Professional Surveyor and
Mapper.
h) A copy of the recorded subdivision plat. (Available from the Clerk of Court
Recording Department on the 4th Floor of Building F at the Government Center).
i) "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement andlor dedicated public area as determined by Community
Development and Environmental Services Aommistrator or his desionee, Such
letters may include but shall not be limited to the following:
(-:) CollieF-Getlnty Utilities
{-2) Collier Count~' Engineering ReView Ser.-iGes
'3) C oilier County Transportati3ft- Dopartment
~er-Gounty VVateF Management
(1) Electric Company
(2) Telephone Company
(3) Cable TeleviSion Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fife Control District
(7) Adjacent property owners
Agenda Item No. 8H
December 12,2006
Page 25 of 38
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection" shall contain the statement "I have no objection to the proposed
vacation" at the bottom of the letter with a signature block directly below it.
Upon submittinq the petition for approval Community Development Services will
distribute the packaae to the followinq areas for their aporoval or obiection
1) Collier County Utilities/PUED
2) Collier County Enqineerinq Services - Subdivision Review
3) Collier County Enqineerino Services - Stormwater Review
4) Collier County Transportation Division
If the petitioner is unable to C1et the pertinent "approvals" or Letters of No
Obiectlons from the listed above then the application is deemed denied.
j) If a replacement easement is required by Collier County, the following shall be
submitted:
(1) Legal description and sketch of what is to be dedicated signed and sealed by
a Florida Professional Surveyor and Mapper and have a "Prepared by" block
listing the name and address of the Professional Surveyor and Mapper.
(2) Attorney's title opinion or Ownership & encumbrance Report by a title
company (current).
(3) Executed conveyance document.
(4) Executed subordination documents.
~Ianning Servicns \f;ji~ ~evlew tn::: potitlon application far completoness and c~iiaAGe
w+tA the Resolution. Planning Services w:lI prep.Jro :an 3pproprlate exewt~mmarj
af1d ~os::Jl~tion and---t-;:aA5ffii.t-bo~h docu;;;.ents to :rc ':;.ou~ty t\ttomoy'c 8ff!ce for
appro,,;) I .".fter.apw-&Y3:, :ne petition will be-fi.l.ed with the CIO~K to the :soard \.\'i~rl a
reouest for :J time and tate fo~ an agenc3 item
3 Community Development and EnVIronmental Services will review the application for
completeness and comDliance with this Resolution. Community Develooment and
Environmental Services will preoar€ an approoriate executive summary and resolution
and transmit both documents to Ine office of the County Attornev for approval
If approved as to form and leaal sufficiency by the County attorney. the petition will be
filed with the Clerk to the Board with a request for a time and date for a public hearinq
The oetitlon shall be placed on the BCe aaenda to establish a time and date fa' a
puoiic hearlna by Resolution pursuant to Section 33609 Florida Statutes.
4 Once the time and date of the agenda Item are establiShed. the Clerk to the Board
shall publish legal notice of t:le neanng in not less than t,,{O weekly issues of a
newspaper of general circulation In the County.
5. The peritlcner and ail property owners within 250 feet (and others as may be require:::!
by P+afffi~ Communi!\! Develooment and Environmental Services) of the
requested vacatIon parcel shall be given notice by the Clerk to the Board; stating time,
place and dare of the agenda item, by regular mail If the number of property owners
within t'vVo hundred fifty feet (250') exceeds tvventy (20), petitioner shall inCLlr an
additional postage and handiing charge of fifty cents ($.50) per additional property
Agenda Item No. 8H
December 12, 2006
Page 26 of 38
owner. If the County receives an objection or anticipates an objection to the vacation
request, then the agenda item shall be scheduled under advertised public hearings in
the BCC Agenda.
6. In the event that the owner for the property in question does not represent himself at
the BCC meeting, he must provide a signed letter or other appropriate documentation
which authorizes another specific person to represent him.
7. The County Commission may adopt a resolution vacating plats in whole or in part of
subdivisions in the County, returning the property covered by such plats either in whole
or part into acreage.
8. A certified copy of any approved resolution shall be recorded in the public records of
Collier County.
9 The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property
with regard to submissions of applications, staff reviews, reviews by advisory bodies, or
the Board of County Commissioners, so that the decision on such vacation shall occur
at the same meeting at which time the reuse application is reviewed by the Board of
County Commissioners.
10. Once the application is accepted for review it will remain under review so long as a
resubmittal in response to a county reviewer's comments is received within 90 days of
the date on which the comments were sent to the aoolicant with a one time extension
of an additional 90 days uoon written notificatJon. If a response is not received within
thiS tIme, the aDDlication for reauest review will be considered withdrawn Further
review of the project will reoUlre a new apolication subiect to the then current code.
Agenda Item No. 8H
December 12. 2006
Page 27 of 38
Attachment "C"
POUCY AND PROCEDURE FOR THE EXTINGUISHMENT OF
PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT
RECORDED IN THE PUBLIC RECORDS (CONVEYANCES
OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS.
A. AUTHORITY:
Sections 125.01 and 125.37, Florida Statutes.
B. POLICY: Requests will be granted as long as the public benefit is established or no public
detriment is established. The Board of County Commissioners may:
1. Extinguisrl, vacate, abandon, discontinue. and close any easements, or any portion
thereof, granted to the County or pubiic by any instrument recorded in the public
records of Collier County and to renounce and disclaim any right of the County and the
public in and to any land In connection therewith; when such interest is granted to the
County or DubUc by any instrument recorded in the public records other than on a
subdivision pia:
2. Quitclaim, renounce, and disclaim any right of the County and the public in and to any
land, or interest 1herein. acqUired by purchase. gift, devise, dedication or prescription
for drainage, utilities, access, maintenance. preservation, or conservation or other
pubiic purposes; when such interest is granted to the County or public by any
instrument recorded In the public records of Collier County other than on a subdIvision
olaL
c. PROCEDURE:
1. ^ petition for the exotinguichment of COl:lnty eeGlioatocl a3comont on unplattod land or
platted land it:: to be cblbmittBd to PIOFmini Servioet: on the form a.ttaohod. Tho potition
muct bo accompaniod by a filing fOG of ems thouoand dolk:m: ($1,000).
1. To oetition for the extinouishment of County dedicated easement on unOlatted land or
alarted land a aPDlication is to be comoleted alona with the listed items needed for
review be submitted to Community Development and Environmental Services and it
must be acccmoanied bv a non refundable aPDlication fee (refer to Communitv
Develooment and Environmental Services current fee sChedule for the 8DDlicable feel
? The petitioner must also provide:
Agenda Item No. 8H
December 12, 2006
Page 28 of 38
a) Evidence to show that the petitioner owns the fee simple title to the whole or that
part of the parcel on which a public dedicated easement is sought to be
extinguished (FEE SIMPLE DEED).
b) A statement explaininQ the oeneral public benefit received from the orooosed
vacation.
c) A copy of the document which granted, conveyed or dedicated the easement
interest to the County or the public.
d,) Certificate(s) showing all State and County taxes have been paid for the subject
parcel. (Available from the Collier County Tax Collector's Office, Building C-1, in
the Government Center).
e) Assessment Map. (Available from the Collier County Property Appraiser's Office,
Building C-2, in the Government Center).
f) Site Plan - the site plan must be on 8 'W' X 11" paper with an adequate scale
showing all data pertinent to the proposed extinguishment, which shall include at
least the following:
(1) Date of drawing
(2) Scale
(3) North arrow
(4) Locations and dimensions of property lines, abutting rights-ot-way,
easements, setbacks, off-street parking, proposed and/or existing structures,
and any proposed landscaping.
(5) Location of proposed extinguishment and, if applicable, proposed dedication.
g) Legal description of what is to be extinguished submitted on 8 ~/:<" X 11" paper as
Exhibit "A". This legal description is to be accompanied by a sketch of the legal
description. Both the legal description and sketch are to be sIgned and sealed by
a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing
the name and address of the Florida Professional Surveyor and Mapper.
h) "Letters of No Objection" from all pertinent utility companies or authorized users of
the easement and/or dedicated public area as determined by Community
Development and Environmental Services Administrator or his designee. Such
letters may include but shall not be limited to the following:
(1; Colliar Count,' UtlHtioc
(2) Co:lior County Engineeriflg Hevio'.\' Servicoc
(3) Collior County Tr::msport:ltion Dop::utmont
('1) Collior C::)'"mt,' \"1 :ltor M:lI1:lgomont
(1) Electric Company
(2) Telephone Company
(3) Cable Television Company
(4) Collier County Sheriff's Office
(5) Homeowner's Association
(6) Rescue and Fire Control DIstrict
(7) Adiacent property owners
Agenda Item No. 8H
December 12, 2006
Page 29 of 38
The letter sent to the utility companies and authorized users requesting a "Letter of
No Objection~ shall contain the statement "I have no objection to the proposed
vacation~ at the bottom of the letter with a signature block directly below it.
Upon submittino the petition far approval Community Development Services will
distribute the oackaQe to the feHewino areas for their aoproval or objection.
Collier Countv Utilities/PUED
Collier County Enaineerina Services - Subdivision Review
Collier County Enaineerina Services - Stormwater Review
Collier County Transportation Division
If the petitioner is unable to qat the Dertinent "approvals" or Letters of No Objections
trom the listed above then the application is deemed denied.
i) To the extent applicable, where the petitioner desires to exchange his/her interest
with that interest dedicated to the County, the requirements and procedures of
~125.37, Florida Statutes, and the Collier County Utilities Standards and
Procedures Ordinance No. 97-17 shall be utilized as practicable and legally
required. The following shall be submitted:
(1) Legal description and sketch of what is to be dedicated signed and sealed by
a Florida Professional Surveyor and Mapper and have a "Prepared by" block
listing the name and address of the Florida Professional Surveyor and
Mapper.
(2) Attorney's Title Opinion or Ownership & Encumbrance Report (current).
(3) Executed conveyance document.
(4) Executed subordination documents.
3, Pl::mning Sor"'f6eE: wili roview tho poti~ion application for complo:onet:8 and compli::mca
witr ~ho ROGo:utl::m. Pl:Jnning Sorvicoc '11m prop3ro ::m ::lppropnoto oxocutivo cumm.:uy
nr.d rosolution ::md tronclT.i~ both do;::;um:ntc to tho County Attornoy'c Office fo~
J:pprovCl~. Il.f::r J:ppr:y,:::l!, tho po:ition will bo filod wit!'! :ho Clark te tho Bcord 'Nitl; 2
:-oquoct for :3 time .nd doto for an agonda item
3 Community Develooment and ~nviranmer.tal Services will review the application for
comoleteness and comoliance with this Resolution. Community Development and
envlronmenta! Services will prepare an 3DDrODriate executive summar\! and resolution
and transmt both documents to tne office of the Count\! Attornev for aporoval.
If aoproved as to form and leoal sufficiency bv the County atlome\', the petition will be
filed with the Clerk to the Board with a reauest for a time and date for a Dublic hearino.
The oetition may be elaced on the Bee aaenda to establish a time and date tor a puolic
hearinq by Resolution pursuant to Section 336.09, Florida Statutes.
4. In the event that the owner of the property in question does not represent himself at the
BCC meeting, he must provide a signed letter or appropriate documentation which
authorizes another specific person to represent him.
5. The processing of this petition shall coincide, where applicable, with the processing of
such other platting or land use change applications proposed for the same property with
regard to submissions of applications, staff reviews. reviews by advisory bodies, or the
Board of County Commissioners, so that the decision on such extinguishment shall
Agenda Item No. 8H
December 12,2006
Page 30 of 38
occur at the same meeting at which time the re-use application is reviewed by the
Board of County Commissioners.
6. Once the application is accepted for review it will remain under review so lona as a
resubmittal in response to a county reviewer's comments is received within 90 davs of
the date on which the comments were sent to the applicant with a one time extension of
an additional 90 days upon written notification. If a response is not received within this
time. the aoolication for reauest review will be considered withdrawn. Further review of
the oroiect will require a new application subiect to the then current code.
Agenda Item No. 8H
December 12, 2006
Page 31 of 38
RESOLUTION NO. 2006-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER A VROW -2006-AR-
9918, SEEKING THE V ACA TION OF THE COUNTY'S
AND THE PUBLIC'S INTEREST IN GULF SHORE COURT
AND A PORTION OF CENTER STREET ACCORDING TO
THE PLAT OF ''VANDERBILT BEACH CENTER" AS
RECORDED AT PLAT BOOK 3, PAGE 16, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09, Florida Statutes, RW A, Inc., as agent for the
petitioners, Vanderbilt Real Estate Holdings, Ltd.. has requested the vacation of Gulf Shore
Court and a portion of Center Street, according to the plat of "Vanderbilt Beach Center" as
recorded in Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more
specifically described in Exhibit A; and
WHEREAS, the Board of County Commissioners has this day held a public hearing to
consider vacating Gulf Shore Court and a portion of Center Street according to the plat of
"Vanderbilt Beach Center," and notice of said public hearing to vacate was given as required by
law; and
WHEREAS, the Board of County Commissioners has found as a matter of fact that
satisfactory provisions and arrangements have been made concerning all applicable matters
required to disclaim, renounce and vacate the County's and the public's interest in Gulf Shore
Court and a portion of Center Street; and
WHEREAS, the general public welfare would benefit from this proposed vacation
provided it is subject to the conditions set forth in Exhibit B, attached hereto and incorporated
herein: and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Petition Number A VROW-2006-AR-9918, Vanderbilt Real Estate Holdings, Ltd..
applicant. represented by RW A, Inc., with regard to the vacation of the County's
and the public's interest in Gulf Shore Court and a portion of Center Street,
according to the plat of Vanderbilt Beach Center. and more specifically described
in Exhibit A, is approved subject to the conditions set forth in Exhibit B, attached
hereto and incorporated herein.
2. This vacation will become effective upon approval of a final Site Development
Plan and recording of appropriate easements, approved by the County Attorney,
which will allow the public continued access through the vacated portion of
Center Street and Gulf Shore Court, as well as access between Vanderbilt Beach
Road and Center Street at the new parking garage. Developer will bear all costs
associated with preparing and recording these easements.
Page l of 2
Agenda Item No. 8H
December 12, 2006
Page 32 of 38
3. This Resolution relating to Petition Number A VROW-2006-AR-9918 shall be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote favoring same this
day of
.2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
AP.nlf.o.'\i.1..e. .......I..Ut,..... to..form and
!cgal "tIl id, DCV:
"- 'I I .
II {I \ I 1"
I e \.i"
.:..,~li-l tL\
_':.\I--+L::":o...__-
Jcfl ft.\' A. \Klalz.kow
Marl~lgirig\f\SsiSI;]lll COLIIlI)' Allorney
\}
Page 2 of 2
Agenda Item No. 8H
December 12,2006
Page 33 of 38
LEGAL DESCRIPTION
EXHl8lT "A"
LEGAL DESCRIPll0N
(PROPOSED RIGHT-OF-WAY VACATION)
A PARCEL OF LAND L YH:JG !N SECTlON 32, TOWNSHIP 48 SOUTH, RANG!: 25 EJI.ST, COLliER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED A.S FOLLOWS:
BEGINNING Ar TilE INTERSECTION OF THE WEST RIGHT-Or-WAY LINE OF GUlf SHORE COURT AND THE
soum RIGHT-OF-WAY UNE OF COMMERCE STREET. AS SHOWN ON THE PLAT OF' VANDERBILT BEACH
CE.NTER, RECORDED IN PLAT BOOK 3, PAGE 16, OF THE PUBUC RECORDS OF COWER COUNTY. n..ORIDA.
SAID PO!NT BEING THE NORTHEAST CORNER OF LOT 20. BLOCK "0" OF SAID PLAT, ALSO BEING THE POINT
OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
"THENCE 5.89"29'57"E. FOR 5067 FEET TO THE !NTC:RSECllON OF THE EAST RIGHT-OF-WAY LINE OF SAID
GULF SHORE COURT AND THE soum RIGHT-OF-WAY LINE OF SA1D COMMERCE STREET:
THENCE ALONG THE SArD EAST RIGHT-OF-WAY LINE OF GULF SHORE COURT 5.08"00'47 E. FOR 172.16 rEET
TO THE INTERSECTION OF TrJE EAST RIGHT-OF -WA Y LINE OF SAID GULF SHORE COURT AND THE NORm
RiCHT-OF-.WAY LINE OF CENTER STREET OF SAID Pl.Al;
THENCE .A.LONG THE SAID NORTH RIGHT-Or-WAY LINE OF CENTER STRE;::T S 84"'18'07 E. ;OR 14442 FEET
-ro THE COMMON SOUTH CORNER OF LOTS 32 AND 33. OF BLOCK "s" OF SAID PLAT;
THENCE S OO.30'03"W. FOR 5025 FEET TO A POINT ON THE SOUTH RIGHT-Of-WAY LINE OF SAID CENTER
STREET;
THENCE ALONG THE SOU"l-t RIGHT-Or-WAY LINE or SAID CHHER STREET, N 84'18'07"W., fOR 13524 FEET
TO THE INTERSEC1l0N OF THE SOUlH K1GHT-OF-W,6,Y LINE OF SAID CENTER STREET AND THE EAST
RiGHT-OF -WAY LINE OF SAID GULF SHORE COURT;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID GULF SHORE COURT. S 08'OO'47"E.. FOR 8945 FEET
TO THE INTERSEC10N OF THE EAST RIGHT-Or-WAY LINE 0;:' SAID GULF SHORE COURT AND THE NORTH
RIGHT-.OF -WA Y LINE OC VANDERBILT BEACH rWAO AS SHO'vVN ON SAID PLAT;
THENCE N,80U7'03"W., FOR 6305 FEET TO THE :NTERSEG'TImJ OF THE WEST RIGH1-0F"-WAY liNE: OF SAID
GULF Sl-lOHE COURT AND THE NORTH RIGHT-CF-WAY U~JE OF SAiD VANDERBILT BEACH ROAD;
THENCE ALONG THE WEST RIGHT-Of-WAY LINE OF SAID GULF SHORE COURT. N.08'OO'47"W. FOR 31298
FEET TO n IC P01NT OF BEGINNING OF THE F'ARCH DESCRIBED HEREIN
CONTll.lNING 27,480 SQUARE FEET. MORE OR LESS
:"'.:=~ ':~-:C:1D
------. ,-.--------.--
.-...~-_._----".- -
t..
'/:."PER LS #6278
\,' ~., . ~\" ~ -.
'~~ ) J ,.' ;.
r l:?;
ISED fMBossm SEAL OF />. rLOniD/\ REGISTERED
PROFESSIONAL SURVEYOR &: MAPPER
_ O:\2OO3'\~2'2B.oo..D' VandCf'bUt C-3 '-1'\;"~.,,__:~~c~~~ Ii_ P.iqhl-of-Wcy ...",.~'~II"':1,'q;:O:l.("~ .""0.::;,', "~"-<.l"'~ ',1- '7-06.d-~ '1'.'~b'2[Jct :l:Z,'_;_~~ ::"\. r'~
QJY/!~.~'...
,.' '_. " . <. t_.. ......... J. ~ '" .~ '"-
.JL 'II.... "or..:... ..lIL
I...re : CUENT:
:.. '1/'7~!
VANDERBILT ENTERPRISES, INC.
E~\!lI1~er.:.
s~t"lC;"Or$l &- !.laF:pf:l.;?
PIll.!ll1<:lt. Pr.,'"c.: M:m,,~=
:XA.I.;.
il /,1,
6610 _ PcJk Otlve, SuIls 20ll
Naplu._3410!l
!'none; (Z3!I) M/7.o57lj
FAX: (239) 597-ll578
!~ ~.J. ! TITLE:
-.__._~
:l<<a<n> "'
J.J.H.
SEC; ,.,.., RIlE> , PROJECT
32 +as 25E' NUMBER, 03OZ2B.00.01
LEGAL DESCRIPTION
I SHEEr
I NlJI.lBE:R: 1 OF ::I
ALE
NUMBER: 0008
Agenda Item No. 8H
December 12, 2006
Page 34 of 38
SKETCH OF LEGAL DESCRIPTION
THIS !S NOT A SURVEY
-"--u~ --J _..I
, --....:. -J
, --' --.J
'--.1~ .(
CQMMERC~~_TREET
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GRAPHIC SCALE
1 '= 100'
ASBREVlA l1OOS:
p 0 e ~ POINT Of" BEGINNING
Cl
50
100
1,):\2003\030225.00.01 Vcr.dert>llt C-J F(iQl!'lt-of-Way V'o~ation\OOO!I Nft Rlcrhi-of::,~~ VGcotltM\~1Id ~~~~,~ 11-17-OS.dw<l ~1:C"':':~~~_.._:~'''J~1~11f~ t$'!'
\/ANDERBIL.T ENTERPRISES. INC,
t",n
CULm;
.BlfL~C ~:%:r:~&Mapp=,
..lL... Y Y..L. ..... PJl.llccn, Proiea M2nagm;
5610 WIioN Pari< IllM. SlJIl9 200
/Up18s. Flllrida 34109
Pt1Mo: (239) 5974J57S
FAX: (239) 5W-<lS78
-~LE.
SKETCH OF LEGAL DESCRIPTION
S:tO: TWP: lice! P ,t::~~.1.F=':
,32 48S 25E; NUMBE'R, ro02:2lLOD,Ol
;;....;.h
, SHEtT I flLE
i NlJMBt~ 2. OF 2 t NOl.lSEP.: oooe
Agenda Item No. 8H
December 12, 2006
Page 35 of 38
EXHIBIT B
CONDITIONS RELATING TO APPROVAL OF
PETITION A VROW-2006-AR-9918
1. Developer, together with its successors in interest, will forever maintain the
driveway and infrastructure improvements on that portion of Center Street remaining in the
County's ownership.
2. Developer will make all County requested water management improvements
designed to remedy drainage issues in the existing subdi vision including the installation of
trench drains and other stormwater management structures, clearing any ditch blocks that may
exist in the roadside swales contained in the Southbay Drive Right-of-Way, and cleaning of
stormwater culverts in the Southbay Drive right-of-way, and on lands controlled by the
Developer.
3. Developer will construct approximately 1800 +/- LF of sidewalk on the west
side of Gulfshore Drive beginning at Vanderbilt Beach Road at County standards.
4. Developer, together with its successors in interest, will forever provide Collier
County, on request, free access to two parking spaces for its beach renourishment program for
the staging and parking of equipment.
5. Within 30 days from written request by the County Attorney, Developer will
provide Collier County with appropriate documents in recordable form, acceptable to the
County Attorney, to effectuate the conditions set forth above. Developer will bear all costs
associated with preparing and recording these requested documents.
6. That the Petitioner agree to first enter into a hold harmless agreement with the
County, drafted by the County Attorney, which would indemnify Collier County against any
claims made in connection with the requested vacation.
Page 1 of 1
Agenda Item No. 8H
December 12, 2006
Page 36 of 38
..-(
LEGAL DESCRIPTION
EXHlBIT "A 11
LEGAL DESCRIPTION
(PROPOSED RIGHT-Of-WAY VACATION)
A PARCEL OF LAND L Y1l\JG IN SECTION 32. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGiNNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF GULF SHORE COURT AND THE
soum RIGHT-OF-WAY liNE OF COMMERCE STREET. AS SHOWN ON n-JE PLAT OF. VANDERBILT BEACH
CENTER, RECORDED IN PLAT BOOK 3, PAGE 16, Of THE PUBUC RECORDS OF COLUER COUNll', FLORIDA,
SAID POINT BEING THE NORTHEAST CORNER OF LOT 20, BLOCK "D" OF SAID PLAT, ALSO BEING THE POINT
OF BEGINNING OF THE PARCEL DESCRIBED HERE1N;
THENCE S.89'29'57"E, FOR 6067 FEET TO THE IN1ERSECTlON OF THE EAST RIGHT-OF-WAY LINE Of SAID
GULF SHORE COURT AND THE SOUTH RIGHT-OF -WA Y LINE OF SAID COMMERCE STREET:
THENCE ALONG THE SAfD EAST RIGHT-Of-WAY LINE OF GULF SHORE COURT S.08'00'47 E, FOR 172.16 FEET
TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID GULF SHORE COURT AND THE NORTH
RIGHT-OF-WAY LINE OF CENTER STREET OF SAID PLAT;
THENCE ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF CENTER STREET S 8418'07E, FOR 14442 rEET
TO THE COMMON SOUTH CORNER OF LOTS 32 AND 33, OF BLOCK "S" OF SAID PLAT;
THENCE S OO'30'03"W, FOR 6025 FEET TO A POINT ON THE SOUTH RIGHT-Of-WAY LINE OF SAID CENTER
STREET;
THENCE ALONG THE SOUTI-I RIGHT-OF-WAY LINE OF SAID CENTER STREET, N 84"18'orw.. fOR 13524 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER STREET AND THE EAST
RIGHT-OF - WA Y LINE OF SAID GUlf SHORE COURT:
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID GULF SHORE COURT, S08"00'47"E., FOR 8945 FEET
TO THE It'-lTERSECiION OF THE EAST RIGHT-OF-WAY LINE OF SAID GULF SHORE COURT AND THE NORTH
RIGHT-OF-WAY LINE OF VANDERBilT BEACH ROAD AS SHOWN ON SAID PLAT;
THENCE N.80"07'03"W., FOR 6305 FEET TO THE iNTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SAID
GULF SHORE COURT AND THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD;
THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID GULF SHORE COURT. N.08"OO'47"W, FOR 31298
FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN
CONTAINH\jG 27,480 SOU,\RE FEET, MORE OR LESS
SUBJECT TO EASEME~JTS AND RES1RICTIONS OF RECORD
'\ <7 \ "'\.
'" /,:>~ --...,
~.y-\ ~~-~.~ ~
?. JO'-Jt,I,\J HILION. ;::;fOl;::-sstO;~Al SURVEYOR & MAPPER LS #6278
'- ,~~ ~. p1~/'-'I~ \ I
~~l_' l/'...'.;,.; \ !
\, "
" ,/
NOT VAllO WITHOUT If-'f ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF /\ FLORIDA REGISTERED
PROFESSIONAL SURVEYOR & MAPPER
UW T ;\lC Eo~nee~,
COi-"';SULT'ING Surverors&Mappers,
.......... y Y...L ..... Planners, Project Maoagecs
0;\2.003\0..30228.00-01 Vanderbilt C-3 Ri9/'t.t-ot-WClY Vocotion\oooa 1'1"" Right-of-Woy \lQl;C;Itlon\Proposoct road vocation 11-17-0&.~ 11/16/2006 6Z:11 PM EST
lo.r;m CUENT:
! 11/17/05
I=N/A
,_III':
C.A.J.
ICHECIW) 5'(,
I J.J.H.
i sa::, lWI': RIle PROJECT
I 32 4SS 25E NUMBER: 0302.28.00.01
VANDERBILT ENTERPRISES, INC.
._1
TfTLE:
6610 WlIIow P8Tk Drive. sun. 200
NapIos. FIorWa 341 09
Phone: (239} 597'()575
FAX: (239} 597.0578
LEGAL DESCRfPTlON
I SHED' I ALE
NUMBER: 1 OF 2 ilUMBER: 0008
Agenda Item No. 8H
December 12, 2006
Page 37 of 38
SKETCH OF LEGAL DESCRIPTION
THIS tS NOT A SURVEY
--' --'
, -..l -.1
, --1 --1
~,!
P.OB~,
\
L1
COMMERCE STREET
--
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20 \ \ , \ (fl
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I : I : I I, I I
37136/351341331-'-':-:1)-:,J "",("JI-)_I~_,_ I I
I ,I ""--1-' -.i ...:'-- _':J I,,;.. l 61 'Jt::", ~LI'-J7
I ,- ~,..::. L_
-- I
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-f \L',JL T
BEACH ROAD
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-----
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------
A,BBREVIA TIONS:
P 0 B = POINT OF 8EGINNING
LINE TABLE '
, UN" , Bt:.AKING I LENGTl-('
1'--1:, ! SM"?'l'.<;7-, i__.60,67 :
L2 I 500'10'03"W! 60.25 ,
~~~'RO~tO;[':'l,_6iD5-"
"---'--
GRAPHIC SCALE
, '= 10G'
50 100
UWT^~'C EOVneer;
CONS1JLTING Survej'ors & wkppers,
..IL... 'I'....J... ..... Pianne..;, Project Managers
0:\2003\03Q226.00.01 Vondet'bilt C-J Ri;lht-or-wo:.r.f v~cotion\OOO6 Now Riqht-01-Way Vor;;:otkm\P~pas'L'!d ~ood ve:::oi:ion ; 1-17-0S.dlo'l'g 11/'!5/Z005 6:26:11 PM CST
,""no CUENT:
I " /77 /D5
I';t'~
; ;- = leG'
I'''''''''' !l'l:
i R.A.K
!::H~tN';
I J..i,H.
i so:: 1lW: RGe PF:CJ:::T
I 32 4as 25E NUMEE'R, 03D""aOO_c~
VANDERBJL T ENTERPRISES, INC.
'TJl..:: :
6510 l,Ni[ow Park DriVe. SUite 200
Naotes. F'cotida 34109
Phone: (239) 597.0575
,,/IX: (239) 59Hl578
SKETCH OF LEGAL DESCRIPTION
Sri::::"l
NUMa::R, 2 or
if.1~
:2 i WuI.!3ER: CODe
Agenda Item No. 8H
December 12, 2006
Page 38 of 38
EXHmIT B
CONDITIONS RELATING TO APPROVAL OF
PETITION A VROW-2006-AR-9918
1. Developer, together with its successors in interest, will forever maintain the
driveway and infrastructure improvements on that portion of Center Street remaining in the
County's ownership.
2. Developer will make all County requested water management improvements
designed to remedy drainage issues in the existing subdivision including the installation of
trench drains and other stormwater management structures, clearing any ditch blocks that may
exist in the roadside swales contained in the Southbay Drive Right-of-Way, and cleaning of
storrnwater culverts in the Southbay Drive right-of-way, and on lands controlled by the
Developer.
3. Developer will construct approximately 1800 +/- LF of sidewalk on the west
side of Gulfshore Drive beginning at Vanderbilt Beach Road at County standards.
4. Developer, together with its successors in interest, will forever provide Collier
County, on request, free access to two parking spaces for its beach renourishment program for
the staging and parking of equipment.
5. Within 30 days from written request by the County Attorney, Developer will
provide Collier County with appropriate documents in recordable form, acceptable to the
County Attorney, to effectuate the conditions set forth above. Developer will bear all costs
associated with preparing and recording these requested documents.
6. That the Petitioner agree to first enter into a hold harmless agreement with the
County, drafted by the County Attorney, which would indemnify Collier County against any
claims made in connection with the requested vacation.
Page 1 of 1
EXECUTIVE SUMMARY
Agenda Item No. 9A
December 12, 2006
Page 1 .of 14
~
i/: ,:<': >,":--<., .-.",-,-:'.,'.,,-: '...,".".-.,_,-... '.C' ,'; ", '._ ,'_ ,,'.,"., _':::_". '.,_:,<_",'< _; , ",:,.c,):',:::
:'->>:),,--"-,-: --.,: --',.,.',-,,-.:,: ,'-:-'-. :-.-..".,,' '::,-- '-, ',,"',' "::'.:--,.""",::.> .< :',- ""::-.',':".,,"':',"--"/,'
APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER
ADVISORY COMMITTEE
OBJECTIVE: To appoint 3 members to serve 2 year terms, expiring on December 31,2008, to
the Golden Gate Community Center Advisory Committee.
CONSIDERA TIONS: The Golden Gate Community Center Advisory Committee has 3
terms expiring on December 31, 2006. This 5 member committee assists the Board of County
Commissioners by reviewing and making recommendations regarding the budget and operation
of the community center. Applicants must reside within the Golden Gate Community Center
MSTU District. Terms are 2 years. A list of the current membership is included in the backup.
The terms for Vicki N. Clavelo, William E. Arthur, and Ernest F. Bretzmann will expire on
December 31, 2006. A press release was issued and resumes were received from the following 4
interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR AnV. COMM.
Vicki N. Clave1o-reappt Resident within MSTU 5 Yes GG Community Center
William E. Arthur-reappt Resident within MSTU 3 Yes GG Community Center
Ernie Bretzmann-reappt Resident within MSTU 3 Yes GG Community Center
Alison E. Anderson WITHDREW 3 Yes None
~-
COMMITTEE RECOMMENDATION:
Vicki N. Clavelo
William E. Arthur
Ernie Bretzmann
NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the
same section, it is noted that "Bv a unanimous vote of the Commission, the limitations set forth
in subsection (B) above may be waived". According to available records, Vicki N. Clavelo and
William E. Arthur have served 2 or more terms. Should the Board wish to re-appoint Ms.
Clavelo and William E. Arthur, the limitations on two consecutive terms will need to be waived.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: Tbat the Board of County Commissioners consider the
recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
--
Agenda Date: DECEMBER 12, 2006
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 9A
December 12, 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9A
Appointment of members to the Golden Gate Community Center Advisory Committee
12/12/2006 90000 AM
Prepared By
Date
Sue Filson
Board of County
Commissioners
E;.cecutive Manager to the Bee
Bce Office
11/1/20068:55:52 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/4/20067:17 PM
~ .
..
Agenda Item No. 9A
December 12, 2006
Page 3 of 14
MEMORANDUM
o ;:-:
t. 'T..
: ~~."" r:: [)
.' ~
r., .,', "', '~'l
. ....,2;)
DATE:
TO:
November 16, 2006
:~(;;~ ~.-:: '.::
"". ~~ ,; -.. .l~- >;J: If:'. C;
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Tona Nelson, Senior Administrative Assistant
Department of Parks and Recreation
RE:
Golden Gate Community Center Advisory Board
At the regularly scheduled meeting of November 6, 2006 the Golden Gate
Community Center Advisory Board recommended the three incumbents, Ernie
Bretzmann, Bill Arthur and Vicki Clavelo fill the vacant seat on the advisory
board. Alison Anderson withdrew her application.
I have attached the attendance records as requested. If you need any further
information, please call me at 353-0404.
.- - ,.
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Agenda Item No. 9A
December 12, 2006
Page 5 of 14
( Golden Gate Community Center Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Kaydee Tuff 213-6074 03/28/00 12/31/0 1 2 Years
2642 44th Terrace, S.W. 353-1687 01/10/06 12/31/07 2 Years
Naples, FL 34116
E-Mail: kaydee@tuffuews.com
District: 3
Category: Resident within MSTU
Ms. Vicki N. Clavelo 06/08/99 12/31/99 1 Year ./
3610 21st Avenue, S.W. 455-1475 01/24/06 12/31/06 1 Year
Naples, FL 34117
E-Mail: VClavelo05@aoI.com
District: 5
Category: Resident within MSTU
Mr. William E. Arthur 09/26/00 12/31/00 3 Months /
4200 22nd Place, S.W. 455-4503 12/14/04 12/31/06 2 Years
( Naples, FL 34116
E-Mail: wmenaples@aolcom
District: 3
Category: Resident within MSTU
Mr. Ernest F. Bretzmann 261-7112 02/22/05 12/31/06 2 Years /
2284 50th Terrace, S.W. 455-3496
Naples, FL 34116
E-Mail: uwofcc2@aol.com
District: 3
Category: Resident within MSTU
Mr. W. James Klug, III 01/10/06 12/31/07 2 Years
4257 32nd Avenue, S.W. 455-7180
Naples, FL 34116
E-Mail: wjkIugIII@yahoo.com
District: 3
Category: Resident within MSTU
(
....
WednesdaJ', January 25, 2006
-.. ~- - -~::!::!
Page 1 of2
r-'
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Agenda Item No. 9A
December 12, 2006
Page 6 of 14
Golden Gate Community Center Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ore!. No. 75-4 to advise the Board of County
Commissioners on the budget and operation of the Golden Gate Community Center. Members
must reside within the boundaries of the Golden Gate Community Center Municipal Services
Special Taxing District. Terms are 2 years.
Keith Larson, Golden Gate Community Center Supervisor 455-2343
FL STAT 125.01
Staff: Merta Ramsey, f'tlblie Sefl:ieee AdmiRietFetor. -7?~ 81S8-
{oYla. Nefson( Pttf?. ;::3$3-0l(Ot(
~- .~~ ~
Wednesday, January 25. 2006
..~
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Page 2 of2
.....~
Agenda Item No. 9A
December 12, 2006
Page 7 of 14
MEMORANDUM
RECEIVED
OCT 3 1 2lD
Board of County Commissioners
FROM:
October 27, 2006
Elections Office ~
Sue Filson, Executive Manager j
Board of County Commission I
DATE:
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
GGCOMMmNITYCENTERADVCOMM
COMMISSION DISTRICT
Vicki N. Clavelo
3610 21st Avenue, S.W.
Naples, FL 34117
5
3
William E. Arthur
4260 22nd Place, S.W.
Naples, FL 34116
Ernie Bretzmann
2284 50th Terrace, S.W.
Naples, FL 34116
3
Alison E. Anderson
5720 Autumn Oaks
Naples, FL 34119
3
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
December 12, 2006
Page 8 of 14
DATE:
October 27,2006
FROM:
Tona Nelson, Parks and Recreati~O
Sue Filson, Executive Manager ·
Board of County Commissioners .
TO:
RE:
Golden Gate Community Center 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:
Vicki N. Clavelo
3610 21st Avenue, S.W.
Naples, FL 34117
William E. Arthur
4260 22nd Place, S.W.
Naples, FL 34116
Ernie Bret7.l'Tlann
2284 50th Terrace, S.W.
Naples, FL 34116
Alison E. Anderson
5720 Autumn Oaks
Naples, FL 34119
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the 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
e
.
e
filson_s
Page 1 of2
Agenda Item No. 9A
December 12, 2006
Page 9 of 14
From: advisoryboards@colliergov.net
Sent: Thursday, October 19, 2006 12:52 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
10 Right-dick here i
to download
I 0 Right-dick hefe to download pic
I
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
October 19, 2006
Application for Advisory Committees I Boards
Name: Vicki N. Clavelo Home Phone: 239-455-1475
Home Address: 3610 - 21st Avenue, S. W.
City: Naples Zip Code: 34117
Fax Number: 239-353-7883 Business Phone: No information provided.
Email Address:VClavelo05@aol.com
Place of Employment: Homemaker
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Golden Gate Community Center
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 I committees:
Golden Gate Community Celltec..L.;,,;,~,"'1' Medical
1 0/19/2006
Services
Page 2 of2
Agenda Item No. 9A
December 12,2006
Page 10 of 14
-
Please list your community activities:
Golden Gate Woman's Club - Treasurer Golden Gate
Civic Association
Education:
Hialeah High School
Experience I Background:
Served on Goldlen Gate Community Center Board since
1994
4t
-.
10/19/2006
.
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OCT-17-2006 e~:4~ PM WM.E.ARTHUR
2:;S9455~426 +
p.el
Agenda Item No. 9A
December 12, 2006
Page 11 of 14
Board of County Commissioners
3301 East Tamiamt Trail
Naples, FL 3..112
(139) 774-809'7
Fax: (239) 774-3602
~'. ~t'~.~'.
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Application for Advisory CommitteesfBoards
~ame: \4'.-1'), r;. A(<...!HrI/'v Home Phone: '15'"'"J- - '1.?~; Y
HomeAddress: qJ..tC 2-W P?-/tuf 5'. ~; Zip Code: ~rJ/l
Fax No. liST"' i'fl..(, Business Phone: l{~~~ 7~p e.mlnaddress: YvMff #'APLlf5cf) Y/tl'laJ fCC~
Place ofEmployment: OAf p- y' c;r,,'ytf ,A/ t'-(J t{)tN ?Y11 e-
. /1 L " Il
Board or Committee Applied for: ,*Jt-V~fI {~IrTI/ (~1f"'''-llY C7/1-. Ir{)l/'>~""f !:J'IAfJ)
Category (if applicable): ~i h Y~/L
Elample: Commllllion DIstrict. Deve'-jJCI". ell~lrDuJllta..II,1.lIIy pcnlIll. elc.
How 10llg bave you lived in Collier County: Yea" "5 7 Months I
Are you a regiltered voter in CoWer County: Yes X :"<10
Do you currently bold publie omce? Yes
If so, wbat is that .mce'!
x
No
Yes
No ^-
"-
Have you ever been convicted of any offease against the Law?
If yes. explain:
Do )011 now sene, or have yoo evrr served, on a Collier COUDty bcNIrd or commlttee'! V t$ X. Ne
If yes, please list the commltlees/boards: ~1.-OtJ.J t.417t t't..#4I1Mr I rj ,fJ)!/ IJVf ~ ".;~P
Please list your community activities (civic clubs, neipborbood assoc:iatioDS, etc. and positions
held: IkllW'f ~~' r;., (:, ct"C At-5l,fI?C. - 1ft y,l 4J.v.:lfJ,tA. A"'-'V'U.'> 1/~ C4 ~6
/';1.1;1:",(1.'/ P'~l:7 rt..~^((JI? 4~/Y'> tr,/L!f' ~1lA-1< - c}fI!.,_,AfAN' (O/'" DA-I/l-Y ~lt1-....-
()I S0 S nA./I'I; ~f.. p. LV /t1Ji..p L...MI) /:<:/ LL A,M/l P
Education:
t.1I. ~ v, rj( /-H Jette,-'/"
Experience: f-IA...tf 6~1'/Y (/Y ~{"'l~~' (;::"~f'" IfCYI--5 I~Mtu,"'/' 1I.(f~ L-
~ /.-rrtft-I\. I tJ,. I (.-Hi- 0' ~i<t?(~t.f' l~cUfll'J vs-I Tit 17r
.
Piau anu. uy 1l44ilt.1tIl1 illjoIWlI1iIM jItHlfM plrUttelll TItb appticlIliMO r".W N /"t"tlIGrtUd w SIU 1'1..... /f.J:eclllffl fofalllll:ft''''
tloe'HIfi OfCPlUlty C_..iss4IlItf'I, 1301 Ea&t 1__1 TI'IIi4 Naplql, FL 31112. Ify.u ..vII. pkou/fl;t,-, IIpPllc/IJUJIlI.
OJ,) ':"4-Jift] ,,, 1t-1UU ID f~rflhHU'....n~I'N'IMI4 T""")'01l /fir ~lIg '" se~ N chiulJS oj c..IIiu'C""II/y.
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Agenda Item No. 9A
December 12, 2006
Page 12 of 14
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory Committees/Boards
Ernie.. ~e~ ~Gt..'1..i-\. Home Phone: tlrr- 3"'19~
Home Address: "'b 2..8' l{ \. ~ 7trr J W Zip Code: :7'1/ f G
Name:
Fax No. ~ t/ - Y<J.rr Business Phone: "1-" 1- 7 II z........ e-mail address: l{.41 o( C c. 2. e.lA.eJ {, Co ~
Pia.. of Employment: fA.. ;;f- e-fJ LIJ~ 1 t;t{; '..r ,- c~ "-t ~
Board or Committee Applied for: rfr..R.IJ.'1- .~L. CD~'n."''''''~ e~j-I1~Vif&>~T ~_.:...rt~-<.....
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years
L-.4
v'
No
Months
~
Are you a registered voter in Collier County: Yes
Do you currently hold public office? Yes
If so, what is that office?
~
No
Have you ever been convicted of any offense against the Law?
If yes, explain:
~.
Yes
No
Please lis~ yout.: com~unity ac~ivities (civic clubs, neighborhood associatio~s, etc. and positions.
held: U~;&rj:.1J {~c!;-.lJ'9~~...~'(t /,.,.,f-ftripf-, L.C:>l>,7... - Lr(./
'1 o~-, p6.,.rL. ~ ~r
~()e.-L
Please atUlch any additional information you feel pertinenL This application should be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamiami TraU. Naples, FL 34112. If you wish, please fax your application to
(239)77-1-3602 or e-mail to suefilson(ji'JColJief1!ov.neL Thank you for volunteering to serve the cJtiz;ens of Collier Coullty.
--
.
.
filson_s
Page 1 of2
Agenda Item No. 9A
December 12, 2006
Page 13 of 14
From: advisoryboards@colliergov.net
Sent: Wednesday, September 20,2006 12:04 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
~~"~
9/20/2006
September 20 I 2006
Application for Advisory Committees I Boards
Name: Alison E Anderson Home Phone: 239-592-7840
Home Address: 5720 Autumn Oaks Lane
City: Naples Zip Code: 34119
.~_. . l~t~.1J\I. A
". ., .'
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Fax Number: 239-592-9520 Business Phone: 239-877 -8080
Email Address:aanderson@amerivestrealty.com
Place of Employment: Amerivest Realty
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Golden Gate Community Advisory
Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve. or have you served on a
Collier County board or committee?
No
-
Please list your community activities:
NABOR Government Issues Committee Member NABOR
Leadership Development Team SAC - Student Advisory
Council member - North Naples Middle School PTO
Member Collier Public Schools I Volunteer
Page 2 of2
Agenda Item No. 9A
December 12, 2006
Page 14 of 14
Education:
Florida Licensed Real Estate Broker Various classes
FGCU 2 years business - Chamberlain, Boston, MA
Graduated Lely High School - Class of 1980
Experience I Background:
Resident of Golden Gate- Oakes Neighborhood Resident
of Naples from 1976-1980, and again 1990-present
Knowledge of construction and site development, co-
owner and office manager of South Florida Excavation
1994-2004 Owner-Builder 2002 Real Estate Broker-
Associate, Amerivest Realty
-
.
9/2012006
Agenda Item No. 98
December 12, 2006
Page 1 of 22
.-
EXECUTIVE SUMMARY
APPOINTMENT OFMEMBER(S) TO THE PARKS AND RECREATION ADVISORY
BOARD
OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on December 31,2010, to
the Parks and Recreation Advisory Board.
CONSIDERA TIONS: The Parks and Recreation Advisory Board has 3 terms expiring on
December 31, 2006, 2 members representing the Urban Area and 1 member representing the
Immokalee Area. Representation on this board consists of 1 member from the Immokalee
Community Park District, and 6 members from the Naples and Urban Area Community Park
District. This 7 member board advises the Board of County Commissioners on matters
pertaining to the acquisition, development and programs involving the County's park facilities.
Terms are 4 years. A list of the current membership is included in the backup.
The terms for Darrol R. Riffle, Frank Donohue and Edward Olesky will expire on December 31,
2006. A press release was issued and resumes were received from the following 5 interested
citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
.-
Sarah Geroy Urban 4 Yes None
Frank Donohue-reappt Urban 3 Yes P ARAB
Edward Qlesky-reappt Immokalee 5 Yes P ARAB
TDC
Irom Master Plan & Visioning
Lake Trafford Adv Comm
Charles C. Slaght Urban 3 Yes P ARAB
Charles Martin Urban 4 Yes Code Enforcement
Floodplain Mgmt Planning Comm
Black Affairs Adv Bd
COMMITTEE RECOMMENDATION: The applicants were ranked as follows:
1. Edward Olesky
2. Frank Donohue
3. Sarah Geroy
4. Charles Slaght
5. Charles Martin
NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the
same section, it is noted that "Bv a unanimous vote of the Commission, the limitations set forth
in subsection (B) above may be waived". According to available records, Edward Olesky has
.- served 2 or more terms. Should the Board wish to re-appoint Mr. Olesky, the limitations on two
consecutive terms will need to be waived.
Agenda Item No. 98
December 12, 2006
Page 2 of 22
NOTE: Section Five (D) of Ordinance 20Ot-55 states that "No person shall serve on more than
two 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 unanimouslv to waive
such provision. According to my records Edward Olesky currently serves on 4 committees and
Charles Martin currently serves on 3 committees. If Mr. Olesky or Mr. Martin is appointed the
Board will have to waive Section Five (D) of the ordinance.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: DECEMBER 12, 2006
Item Number:
Item Summary:
Meeting Oate:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
98
Appointment ot me,rnbers to the Parks and Recreation Advisory Board
12/12/20069.0000 AM
Agenda Item No, 98
December 12, 2006
Page 3 of 22
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Bee Office
Date
11/1/20068:55:52 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
12/4120067:27 PM
!r,
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Agenda Item No. 9B
December 12, 2006
Page 4 of 22
MEMORANDUM
'.....,.,.., _.",-
.'T," ,.....;~ "~f)
DATE:
November 16, 2006
. ,.j
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Tona Nelson, Senior Administrative Assistant
Department of Parks and Recreation
RE:
Parks and Recreation Advisory Board
At the regularly scheduled meeting of November 15, 2006 the Parks and
Recreation Advisory Board recommended the selection of Edward Olesky, Frank
Donohue and Sarah Geroy to fill the (3) vacant seats on the Parks and
Recreation Advisory Board. Edward Olesky and Frank Donohue are
incumbents.
The applicants were ranked as follows:
1. Edward Olesky
2. Frank Donohue
3. Sarah Geroy
4. Charles Slaght
5. Charles Martin
I have attached the attendance records as requested. If you need any more
information, please call me at 254-4000.
II. L- r.... ...
Agenda Item No. 98
December 12, 2006
Page 5 of 22
Parks and Recreation Advisory Board
Attendance Report
YEAR 2006
":-'::/':;:~-'h. ,-".' :';,:"':~"i::,'~ ,':,'\_', "?'p':-:'",; .',' ''''' :'
O'~;'$Jd;~V~.Cfialm..n
Betb:~rth'r;':,:.
Donohue, ,F.r:-ank
M . . II, .Jobn
Riffle/Skip
Toole;Timothy
x X
X
X
X X
x X
X X X
X X X
X X X
X
X
X
Beth Barth new member August 2006
1
Agenda Item No, 98
December 12, 2006
Page 6 of 22
(- Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Dale Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Darrol R. Riftle 450-3366 03/08/05 12/31/06 2 Years V'
5950 Cope Lane 774-5846
Naples, FL 34H2
E-Mail: Skip@familybikecenter.com
District: 3
Category: Urban
Mr. Timothy D. Toole 643-1844 03/08/05 12/31/05 9 months
1819 Princess Court 597-8690 12/13/05 12/31/09 4 Years
Naples, FL 34110
E-Mail: tim@naplestitle.com
District: 2
Category: Urban
Mr. John MacDougall 370-3304 10/22/02 12/31/03 1 Year
l 9809 Whitehall Street 598-4105 02/10/04 12/31/07 4 Years
Naples, FL 34109
E-Mail:
District: 2
Category: Urban
Mr. John P. Ribes 261-4007 10/24/00 12/31/03 3 Years
218 W oodshire Lane 02/10-04 12/31/07 4 Years
Naples, FL 34105
E-Mail:
District: 4
Category: Urban
Mr. Frank Donohue 597-4575 05/28/02 12/31/02 7 months
5961 Westport Lane 353-8584 01/14/03 12/31/06 4 Years /'
Naples, FL 34116
E-Mail:
District: 3
Category: Urban
l
I
~
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Thursday, July 27, 2006 Page 1 of 3
Agenda Item No. 9B
December 12, 2006
Page 7 of 22
,'-'
r" Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Edward Olesky 05/26/98 12/31/98 7 Months /
6001 Lake Trafford Road 657-2401 01/14/03 12/31/06 4 Yrs.
UrnunobUee,FL 34142
E-Mail:
District: 5
Category: ImmobUee
Ms. Beth Barth 07/25/06 12/31/09 3 Years
1746 Knights Court 793-5798
Naples, FL 34112
E-Mail: jbarth28@comcast.net
District: 1
Category: Urban
\.
',:.7::.;i::.'!fX1-="~-:;':"':~'::$Z:';'::;';.:,;:""F~~"'-'--~..:...~~~s~"~ll'1F'~.:HII.3I~"'.;.i:,,"'ii.'~~;;-.,:;':J/;"'.sr"''';;l:;D.~;).:'i~~.m.i--'':';('r-l;~r;!.e:~~:,~-;Yl'~~'_'~1~~~;.'~~-""";"~~~':"_"'-=~'-l!13
Thursday, July 27, 2006 Page 20/3
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Agenda Item No. 9B
December 12, 2006
Page 8 of 22
Parks and Recreation Advisory Board
Name
Work Phone
Home Phone
Term
2nd Term
Appt'd Exp. Date
DateRe-appt 2ndExpDate
This 7 member committee was created by Guidelines established on 11/25f75 and confirmed by
Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning
acquisition, development and programs involving parks and recreation facilities in Collier County.
Membership consists of 1 member from the Immokalee Community Park District, and 6
members from the Naples and Urban Area Community Park District. Terms are 4 years.
FL STAT
Staff: Tona Nelson, Parks and Recreation: 353-0404
';~~.'::::::.'~'.,-::;~T..-'::~Z:::_,-?~,',-" -:;.':t-f.~4,;::',t,::'''_~-:_-i_:~-'':~''7'.f~~,e-y"';..~'='_''-';:''9:i'I~!!l!Z':~.;.~~.~,~;.:...,.., --''-''::~''{T.S:':'it'-.~~'.-:.:' -,r.::'::'_.;..'~;-;- ~;~,._;;; 'o$:>::;U:'~~.Z'!.V-~;1'~T~-';~""~:"~:-",~':p'.'C7..'"--1';- -:,,:
Thursday, July 27, 2006 Page 3 of 3
Agenda Item No. 98
December 12, 2006
Page 9 of 22
MEMORANDUM
DATE: October 27,2006
RECEIVED
OCT 3 1 2fWI
Boant of County Conwnilllonere
FROM:
Elections Office &f
Sue Filson, Executive Manager ) \
Board of County Commission
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
PARKS AND RECREATION ADVISORY BOARD
COMMISSION DISTRICT
Sarah Geroy
1917 Holiday Lane
Naples, FL 34104
~
~~3
Frank Donohue
5961 Westport Lane
Naples, FL 34116
Edward Olesky
6001 Lake Trafford Road
Immokalee, FL 34142
5
3
Charles C. Slaght
2918 Lone Pine Lane
Naples, FL 34119
Charles Martin
2222 Gulfshore Blvd. North
Naples, FL 34102
~
Thank: you for your help.
MEMORANDUM
Agenda Item No. 98
December 12, 2006
Page 10 of 22
DATE:
October 27, 2006
FROM:
Tona Nelson, Parks and Recrea~tiO
Sue Filson, Executive Manager' '
Board of County Commissioners ,J
TO:
RE:
Parks and Recreation Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Sarah Geroy
1917 Holiday Lane
Naples, FL 34104
Frank Donohue
5961 Westport Lane
Naples, FL 34116
Edward Olesky
6001 Lake Trafford Road
ImmokaIee, FL 34142
Charles C. Slaght
2918 Lone Pine Lane
Naples, FL 34119
Charles Martin
2222 Gulfshore Blvd. North
Naples, FL 34102
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.
I
\
SF
Attachments
-
e
e
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 98
December 12,2006
Page 11 of 22
Application for Advisory Committees/Boards
Name: Sarah Ger(~r (nickname "Kerry'')
Home Pbone: 239.793-7141
Home Address:
1917 Holiday Lane, Naple.... FL
ZIP Code:
34104
Fax No. 239-261-0312 Business Pbone:
kerry .l!erov(a)na tionalcity .com
239-261-0185 e-mail address:
Place of Employment: National City Private Client Group
Board or Committee Applied for:
Park... and Recreation Advisory Board
Category (if applicable)
Example: Co....illlion District. Developer. eDYiro._.talist. 18y~, etc.
Bow long have you lived in Collier County: Years
25
Months 9
Are yon a registered voter in Collier County: Yes
./
No
Do you currently bold pubic otTlCe? Yes
If so. what is that office?
./
No
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No ./
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committeeslboards:
No
./
Please list your community activities (civic clubs, neighborhood associations, ete. and positions beld:
YMCA of Collier County - Board of Trustees member (current)
Past member of the Naples Branch Board
Past Chairman of the YMCA Red...nook Tournament
Greater Naples Chamber of Commerce - Leadership Collier - graduate Cla...s of 2005
Leader...hip Collier Foundation Alumni Committee member
Leadership Collier Youth Program Committee member
Community F(}undation of Collier County - Profes...ional Advi.'iOrs Council
Toys for Tots volunteer
Shelter for Abused Women - past board member & treasurer
Education:
Graduate of Nap Ie... High School (1984)
Bachelor of Arts, Univer.\'ity of Florida (1988)
Experience: I have many years of experience with various community boards and am active with
many professional organizations in leadership roles. Among the professional organizations I am active
with, I serve on the Florida Bankers A...sociation Trust Legislative Committee. This committee along
with my experiences with the community organizations in Collier County has given me a strong foundation
to continue to serve the community.
'-..._...."'-1 'f'V
-
.
Agenda Item No. 98
December 12, 2006
As a 25+ year resident, I have a deep seeded commitment to Collier County and I understand the valuPage 12 of 22
tllat the Parks and Recreation Department bring... to making this a better cOnlmunity. I have a strong desire
to make sure we continue to meet tile needs of the residents, especial{v the children and families.
n- tlllJlClI any IIdIIiIioIrIIJ ilifomttllion .YOM feel pertbretrL TlU6I/f1'P1icf11101.1ttH1J4 be J-tId ID Stle FU.tNt, E.UIcIIthe MtIIIII{leI' ID
tlleBoardofColmtyCoMmissUJnus, 3301 EtIIIt TIIIfIIImtl TrrIil, NtIIpIes, FL34112 1f.YOMwUII,~ffIXJDIIT~1t1
(139) 774-3602 or e-mtlil to suefilsor(iiJ~olliell!ov.neL T1uuIA yoMfor vohtlfteerlltg It1 ruve tile dtium ofC9llJo CoMIIIy.
e
"
.
e
Board of County Commissioners
3301 East Tamiami Trail
:-~ :r-- ~... ';... ~,...-~ t '1, ,:"~-
Naples, FL 34112 .~-(,. ;'~ ~ \; .'-
(239) 774-8097 ., , ".', , -..,
9 4 360 p;
Fax: (23 ) 77 - 2 ~':."
Agenda Item No. ~ F
December 12, 2006
Page 13 of 22
Name:
Application for Advisory Committees/Boards
FRANK DONOHUE Home Phone: 353-8584
Home Address:
5961 WESTPORT LANE
34116
Zip Code:
Fax No.
643-7859
6<<3-7855
emeraldladyyacht@aol.com
e-mail address:
Business Phone:
Place of Employment:
Naples Boat Club
Collier County Parks/Recreation Advisory Board
Board or Committee Applied for:
N/A
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years
34
Months
Are you a registered voter in Collier County: Yes
xx
No
.
Do you currently hold public office? Yes
If so, what is that office?
xx
No
Yes
No
xx
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or have you ever served, 00 a Cqlijq CO.1loty boar(j,.or committee? Yes XX N9
If yes, please list the committeeslboards: COLLltR Lounty Parks and Recreatlon AaVl sory tloard
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
hcld: President, Marine Industries Assn of CC
VIP Marlne lndustrles of Florlda
President Naples High School Band Boosters. 1986-139-
Education:
High School Grad and 3 Years College
Experience:
Presently serving on PARAB for over 5 years.
Founding member of Marine Industries Assn.
Member Society of Accredited Marine Surveyors
Member American Boat.'and Yacht Council
Business Owner
Please att/lch any additlolUll informlllion you feel pertinenL This tlpplico.tion should be forwarded to Sue Filson, Executive MalUZger to
the Board ofCoulUy Commissioners, 3301 EllSt Tamiami Trlli/, Naples, FL 34112. If you wish, ple4se ftlX your application to
(239) 774-3602 or e-mail w suefilson(ii)colliert?ov.neL Thank you for volunteering to seMle the citi;ens of Collier County.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112 I
(239) 774-8097 R E C E I\J E
Fax: (239) 774-3602 or.... 006
'-' I 2 0 2
Agenda Item No. 9B
December 12, 2006
Page 14 of 22
.
': ':':: " ~ ',":'-"'::-.~:' .":;,-::.~-. .....-...... ,....-~
Application for Advisory Committees/Boards
Name: ~ \..-:>~ ala..s; ~ Home Phone: I-J i~ /'s"7 -..t'l6/
Home Address: lo::I1l ~ ~~d) (2J Zip Code: :3 -1f J Y b
Fax No~-lo5B '.;)4-D) Business Phone: ~ - 1057 ~.;1...Y()1 e-mail address:
Place of Employment: LMte. T y-~ -P~vcf ~
Board or Committee Applied for: L C. Po..,JL <t ~ '
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years . 11
Are you a registered voter in Collier County: Yes ~
Do you currently hold public office? Yesv No
. If so, what is that office? tu ~'r't\"'"" 1<-,"'- tm'l'Y\ ')
Months &
No
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or have you ever served.: on ~:r~lIier ~ounty board or committee? Yes ~ No
If yes, please list the committeeslboards: er /-M.IL'/- k:,~ I -r DC ~f W ~ kf ~
Yes
No l/
~
O1I.ll. f-hoY'f'\' I ( .( ~J\Y'\-\"'.-hw C-.\\i ~I"(' ~ I Jfl~ ~ 5~hDw.\-e...-\- ... L.nl~-\!. -\--fy,N (ci) f k '-> <>'" l~
Education: n.4 ~ 4- ~ (',.M -1\. <l3.. ~ 1
Experience: \.b I..)....Q. ~ Q'C"'- ~ .p~(Lb beY) I ~ J...~ -+--D 'JV'r-A '
~~ -1.- 'ruo...>-..U. +\-.- ~JN"\ f"r-..u-....,\-, (oJ l 0 '" .-4 ~
.
\
"
PleIIse attach any addiJiolUll information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamimni Trail, Naples, FL 34112. If you wish, plellse fax your application to
(139) 774-3602 or e-nuIiI to suefilson(ii!collie1'1lOv. net. Thanlc you for volunteering to serve the citizens of CoWer County.
e
e
~
Board of COlmty Commissioners
Page 1 of2
Agenda Item No. 9B
December 12, 2006
Page 15 of 22
filson_s
From: chuck slaght [cslaght@swfla.rr.com]
Sent: Monday, October 23,2006 10:09 AM
To: filson_s
Subject: APPLICATION
Attachments: oledata.mso
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory CommitteeslBoards
Name: Charles C Slaght Home Phone: 239-398-4884
Home Address: 2918 Lone Pine Lane Zip Code: 34119
Fax No. Nt A Business Phone: Nt A
e-mail address:cslaght@swtla.rr.com
Place of Employment: Retired, active community volunteer
Board or Committee Applied for: Parks and Recreation Advisory Board
Category (if applicable):
Example: Commission District, Developer, environmentalist,lay person, ete.
How long have you lived in Collier County: Yean: 2 Months: 8
Are you a registered voter in Collier County: Yes: XXX No
Do you currently hold public office? Yes No: XXX
Iho, what is that office?
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes:
No: XXX
Do you now serve, or have you ever served, on a Collier County board or committee! Yes
If yes, please list the committeeslboards:
No: XXX
Please list your community activities (civic dubs, neighborhood associations, etc. and positions held
Please see resume sent under separate cover
Education:
Experience:
10/23/2006
Page 2 of2
Agenda Item No. 98
DecAmher 12, 2006
Pa~e 16 of 22
Board of County Commissioners
-
PIUlSe /llllldllIII)' fIJllltiDlttzllliformetioll FOIl feel pertbtellL TlIis~. sit_III bef_tuWtJ to SlIe fllsolt, EuaUiPe M..qer w
tile BotITtI DfCm".ty COIfIIffissWners, 3301 E#ISt TIUIIiIuIfl TrIIll, NtIples, FL 34112. IfyOll wls", piellSefaxyoarllf'P/klltiDn to
(239) 774-36lJ2 Dr e-1ftIIll ID suefilsonCti]J:oUii>rgov.neL TllIIIIk yoafor HIII.erill, w serve tile dtl:eIIS of CollUr Cmt"ty.
"
-
-
10/23/2006
Agenda Item No. 98
December 12, 2006
Page 17 of 22
e
Charles C. Slaght 1
Charles Clifford Slaght
2918 Lone Pine Lane
Naples, Florida 34119
(239) 398-4884
VISION
To empower people and organizations to significantly increase their
performance capacity in order to achieve high-level actualization through
innovation, counsel, wisdom, diligent care, and vibrant principle centered
leadership!
EDUCATION
UNIVERSITY OF NORTH FLORIDA Jacksonville, Florida
Doctorate of Educational Leadership 1 Business Human Resources, ABD
UNIVERSITY OF NORTH FLORIDA Jacksonville, Florida
Master of Education, Supervision and Administration, May 1995
APP ALACIDAN STATE UNIVERSITY Boone, North Carolina
Master of Arts, Reading Education K-12, June 1980
APP ALAClDAN STATE UNIVERSITY Boone, Nor1h Carolina
Bachelor of Science, Physical EducationlExercise Physiology K-12, June 1979.
4t
HONORS
GROSSMONT COLLEGE EI Cajon, California
Associate of Arts, Geography / Urban Planning Satellite Imagery, June 1972
Honor Student Teacher, 1978
Awarded Double Research / Teaching Assistantships 1979-1980, 1995-1996
Honor Educational Society Member (3)
Research Fellowship 1 UNF 1995-1996
Missionary to Thailand / Christians In Alliance 2000
ASCA Level 4/5 E&E Age Group and Master's Coach
EXPERIENCE
SOUTHWEST FLORIDA AQUATICS FOUNDATION, INC. Naples, Florida
Chief Executive Officer! Head Coach June 2005-present
Promote aquatic programs of excellence throughout the USA. Foster quality
aquatic programs for all ages. Develop corporate and individual financial stability
and provide facilities for their growth. Train individuals to their full potential.
COLLIER COUNTY YMCA Naples, Florida
Director Norris Aquatic Center! Head Coach March 2004-March 2005
Conceptualize and develop a world class aquatics program. Mentor all levels
beginning to elite aquatics programs. Build a total quality organization
-
WINSTON FAMILY YMCA I NEASE HIGH SCHOOL Ponte Vedra, Florida
Head Coach, February 2001-February 2004: Nease 1999-2004
Develop total quality aquatics program for area swimmers. Triathlete coaching and
fitness swimming for all ages. Mentoring program. Includes development of
Landrum Middle School, elementary schools, and area private schools competitive
programs. Development of alternative private funding sources and direction of
parent and coaching staff. Masters and Triathlete programs
-
.
MILITARY
-
Agenda Item No. 9B
December 12, 2006
Page 18 of 22
Charles C. Slaght 2
BEACHES AQUATICS CENTER Jacksonville, Florida
Head Coach, April 1983-2000
Develop aquatics programs and lead coaching staff and parent association for the
benefit of swimmers and aquatics through out northeast Florida. Masters and
Triatbletes
OTHER: Entrepl'Oleur - Southwest Florida Aquatics Foundation, Inc.
CEO/Chairman of Board.
Owner of sporting goods wholesale company and aquatic and coaching consultant,
[AA & CSSS ].
Owner of a restaurant, [C&S Slaght, Inc.]. Educational Consultant: Baker County
School District SLD/SED program design. Business Consultant: HR and Strategic
Logistical Management. Integrity International [ll], LLC, developing mentoring,
TQM, and corporate climate development: Strategic Logistics Management
consultant.
CoUier CoIUIty Parks tuUl Recreation Advisory Board Memeber
Grant Writer - for various agencies, schools, and for professional development
Director, Volunteer Chairman of Security for "Tournament Players
Championship" and "Mazda Senior Championship" for the PGA Tour.
Director, "Scout World" golf and softball benefittoumaments.
',,-
Security - professional and volunteer security services development for health care,
industry, military, personal, and research.
UNITED STATES NAVY
Lieutenant /0-3 Surface Warfare OfficerlIntelligencelSpecial Operations/Special
Projects; Equal Opportunity Officer-in-Charge. Awarded "Model Base" status.
Administrative, "Family Service Center," a total counseling and job placement
center. Recycling Officer. Special Assignment, Legal Hold Barracks, Security for
TPC, and Base Beautification. Other areas assigned:
Satellite Imagery/Special Operations
Physical and Nuclear Weapons Security Officer.
Tactical Action Officer.
Intelligence Officer.
Officer of the Deck Underway.
Command Duty Officer.
Base Family Abuse Officer.
Military Training Officer.
Director, Combined Federal CampaignlUnited Way Florida/Georgia.
Director, United States Savings Bond Drive Florida/Georgia
Scout World Fund Raising Chairman.
Morale, Welfare, and Recreation Officer, Officer's Club Manager.
Job Fair Coordinator.
Retired Affair's Liaison.
Recycling Officer
Naval Liaison, Naval Air Station's Admiral for naval personnel detached
for volunteer
services and Security. Awarded, "Keep America Beautiful," and National
Coalition of Recycler's" top corporate award, "Base Excellence" award.
-
~
--
Agenda Item No. 9B
December 12, 2006
Page 19 of 22
Charles C. Slaght 3
ACHIEVEMENTS SWIMMING
American Swimming Coaches Association Member 1974-2006
World Swimming Coaches Association Member
USA Swimming founding member
AAU Registration Chairman, San Diego, California
Various AAU National Committees Member
Professional Swimming League charter member (Florida)
National Age Group Record holder 1964
National Level Swimmer and Triathlete.
Coached swimmers to world/national records and multiple national titles
Coached swimmers successfully all levels in CA, FL, NC, SC.
Developed four county swimming programs fOT twelve high schools.
Promoted numerous Triathlon I Duathlon events in Florida
Beaches Aquatic Center head swimming coach/Aquatics 1983-2000
Coach/Swimmer trainer Charleston, SC 1980-1983
Lenoir Aquatics/Fitness Director head swimming coach 1916-1980
Mission Valley Tennis Club head swimming coach/Aquatics 1969-1914
Aquatic Director Sumter, N.C. YMCA and Swimming Coach 1980-1982
Water Safety Instructor Trainerffrainer American Red Cross.
Swimming coach/coach trainer Caldwell County High Schools 1916-1980
Appalachian State University assistant coach 1976-1979
Cocoa Beach Aquatics Directorlhead swim coach 1974-1916
Melbourne Central Catholic High School, swimming/diving head coach.
West Caldwell High School, swimming/diving head coach.
Nease High School assistant swimming coach, 1999
Nease High School head swimming and diving coach 2000-2004
Landrum Middle School swimming coach 2003-2004
Triathlon coach 1983-present
Masters swim coach 1983-present
AAUIUSA Swimming coach 1968-present
SWF A diving and water polo coach June 2005-present
SKILLS ResetJ1'Ch and lHvdoDment
Preparation and Presentations
Legal Briefing
PubliclMotivational Speaker
Corporate Culture Change Mentor
Mentoring Mentors Program Development
"Horizontal Managemenf'
"Theory R Managemenf'
"Diligent Care"
"Reengineering Corporations"
"Reengineering Managemenf'
"Total Quality Managemenf'
"Micro-management" for success
Change Development Theory
Minimum Manning with Quality
Director of Sumter, S.C. "Little Theater" community plays
Era 3 Management, Diligent Care, Due Regard
Strategic Logistical Management I Analysis
Team Development
Security Issues and Consultation
.
RELEVANT
COURSES
e
LICENSES
PUBLICATIONS
REFERENCES
.
Agenda Item No. 9B
December 12, 2006
Page 20 of 22
Charles C. Slaght 4
Human Resources Management Development
Mentoring for corporate success
Mentoring for high school success
"Success For All" program development
Individualism in the "Echo Society"
Performance Exceeding Potential
"YES to YES" coaching
EductltiolUll
Developed Vocational Reading Programs for South Carolina schools.
Developed Disabled Readers Laboratory for South Carolina schools.
Swimming Coach for over thirty years, all levels.
Adjunct Professor, Physical Education, UNF.
Adjunct Professor, Reading, Florida Community College Jacksonville.
"Total Quality Management," a military approach.
"Sexual Harassmenf' and "Managed Equal Opportunity."
Research Fellow (Double Awards), University of North Florida and ASU
Educational Leadership & Human Resources: 121 + Hrs. Graduate & Post-Grad.
Strategic Logistics Management: Business Management Administration
Reading Education: 36 hours Graduate level.
Physical Education: 71 hours Undergraduate level.
Geography / Urban Planning: 42 hours Undergraduate level.
Educational Leadership Doctoral Cohort 1995 University of North Florida
Teaching Certification in North Carolina and South Carolina.
Leadership and Administration Certification Florida
Water Safety Instructor -Instructor Trainer, American Red Cross. (N.C.)
Private Pilots License MEL MES 1968-1973.
P ADI Open Water, Master Diver, Salvage Certified.
Commercial Drivers License.
Certified Pool Operator
American Red Cross Swimming Coach certification
American Red Cross CPR! AED and First Aid certification
American Swim Coaches Association Level 4 E&E Certification
American Swim Coaches Association Masters Level 5 E&E Certification
'--
"Swimming Technology," magazine.
"Junior Swimmer and Swimming World," magazines.
Master's Thesis on, "Socio-Economic Influences and the Disabled Reader."
Video taped series (32) on Aquatics and Safety for the State of South Carolina
Various conference papers.
Various unpublished papers.
Grant writing for N .E. Florida homeless shelters.
Doctoral dissertation on mentoring.
Motivational speaker I Clinic presenter
Multiple organizational newsletter articles.
Upon request
(
--
~
--
fi Iso n_s
Page 1 of2
Agenda Item No. 98
December 12, 2006
Page 21 of 22
From: advisoryboards@colliergov.net
Sent: Friday, October 06.2006 10:46 AM
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
October 06,2006
Application for Advisory Committees I Boards
Name: charles martin Home Phone: 239-262-7287
Home Address: 2222 Gulfshore Blvd North
City: naples Zip Code: 34102
,"" ~t~.~\.,,;:.,
. ~. ? .~
'" <. . :'
,"- -t.....~ ;'
Fax Number: 239-262-7289 Business Phone: 239-784-5498
Email Address:realtyglobal@aol.com
Place of Employment: wynn properties
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 I Committee Applied for: naples parks and recreation
advisory board
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?
10/6/2006
If yes, please list the boards I committees:
floodplain management advisory board
Page 2 of2
Agenda Item No. 98
December 12, 2006
Page 22 of22
.
Please list your community activities:
board of directors msi louisville kentucky ,sheriffs
department 13 years.
Education:
florid a licensed real estate broker..florida licensed general
contractor..board certified mold remediation..certifted fema
inspector.
Experience I Background:
see resume www.masterpropertyconsultant.com lived next
to major park adjoining property with road easement thru
park.. worked closely with park with improvements and
security issues....employed in 1976 by neighborhood
conservation program/community development/urban
renewal agencies...very conservation minded..
-
e
10/6/2006
Agenda Item No. 9C
December 12, 2006
Page 1 of 67
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S)TO THE EASTOF.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.
CONSIDERA TIONS: 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
two 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 waive
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. IfMr. Rice and Mr. Tears
are appointed the Board will have to waive Section Five (D) of the ordinance.
--
Agenda Item No. 9C
December 12, 2006
Page 2 of 67
The following 20 applicants are being presented for your review and consideration to appoint 2
additional members:
APPLICANT
CATEGORY
DlST ELECTOR ADV. CO MM.
KatWeen P. Adams Property Owner 5 Yes None
Tibor (Ty) Agoston Property Owner 5 Yes None
Julianne 1. Ballard Property Owner 5 Yes None
Gregory W. Bower Property Owner 5 Yes None
Phillip E. Brougham Property Owner-WITHDREW 1 Yes None
Cheryl Couture Property Owner 5 Yes None
Patricia Couture Property Owner 5 Yes None
Pat Crooks Outside of Study Area 1 Yes None
Michael Dedio Outside of Study Area 3 Yes None
Celia M. Fellows Property Owner 5 Yes None
Jacob Flicker Property Owner 5 Yes None
Gary Gasperich-Toll Bro Property Owner Representative NO NO None
Outside of Study Area
George Gruzewski Property Owner 5 Yes None
Pat Humphries Property Owner 5 Yes None
William J. Kiep Property Owner 5 Yes None
Carolyn S. Oppie Property Owner 5 Yes None
J. Richard Smith Property Owner 5 Yes None
Mark T eaters Property Owner 5 Yes None
Scott Truesdell- Toll Bro Property Owner Representative NO NO None
Peggy E. Whitbeck Property Owner 5 Yes None
Richard Rice Property Owner 5 Yes Immokalee EZDA
Imm Master Plan & Visioning
Clarence S. Tears, Jr. Property Owner Representative 3 Yes Lake Trafford
Imm Master Plan & Visioning
COMMITTEE RECOMMENDATION: New Committee - No recommendation.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: 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, 9C
December 12, 2006
Page 3 of 67
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9G
This item continued from the November 28, 2006 BGG Meeting. Appointment of members to
the East of 951 Infrastructure and Services Horizon Study Public Participation Master Pian
Committee
Meeting Date:
12112120069:0000 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Dale
Board of County
Commissioners
BCC Office
1111/20068:55:52 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/15/20062:18 PM
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Agenda Item No. 9C
December 12, 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 09/12108 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 09/12/06 09/12/08 2 Years
320 Lambton Lane 348-1356
Naples, FL 34104
E-Mail: ctearsjr@sfwmd.gov
District: 3
Category: Property Owner & Representative
Mr. Christian Spilker 261-4455 09/12/06 09/12/08 2 Years
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 09/12/06 09/12/08 2 Years
1167 Serenity Way 657-6626
Immokalee, FL 34142
E-Mail: icoc@earthlink.net
District: 5
Category: Property Owner
Mr. Douglas L. Rankin 262-0061 09/12/06 09/12/08 2 Years
761 17th Street, S.W. 455-1682
Naples, FL 34119
E-Mail: drankin@sprintmail.com
District: 5
Category: Property Owner
~.l~t~::.~.~,';~,%::'~~,:,::::"t..~::.::::-:c;-;C_':'~~.~~;?;W ~.',;-:"';'~;.&~:;<;-~~"'::'~~:::.'..~.';"'.:l:'~S:_~,~.l.~~;2!'21'';~ltrl\Zl'l2m:.r~.::p~>::;~.::::~. ..~.:-.::~ -~,~'n!:":-i'::;':'::"';~ -.: :'::'::-: .'. ,"_#
Thursday, September 14, 2006 Page 1 of"
Agenda Item No. 9C
December 12, 2006
Page 7 of 67
East of 951 Horizon Master Plan Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Russell A. Priddy 09112/06 09/12/08 2 Years
P.O. Box 930 657-4380
~okalee,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 298 657-1014
Immokalee, 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. KennethJ. Lynch 354-3347 09/12/06 09112108 2 Years
764 Grand Rapids Blvd. 354-3347
Naples, FL 34120
E-Mail: kenjanlynch@earthlink.net
District: 5
Category: Property Owner
T;;;;;;:;;;"7S~;t~;;;;::;~";/:'2006 "'.=""'","~"""'l.":!"".' """=:::".",,,-: .,."'::."""......".:!P::;;tl'~J:;"","':::r.""O'''''''..'''o,..=.;"-;-:.'''~..,..c."'"_;";"-;-....
.-..,-".,.-- T Jr
Agenda Item No. 9C
December 12,2006
Page 8 of 67
East of 951 Horizon Master Plan Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Kris Van Lengen 390-1154 09/12/06 09/12/08 2 Years
8231 Parkstone Place, # 1 07 354-2599
Naples, FL 34120
E-Mail: krisv@bonitabaygroup.com
District: 5
Category: Property Owner & Representative
Mr. Thomas R Jones 262-2600 09/12/06 09/12/08 2 Years
3290 7th Avenue, N.W. 353-1089
Naples, FL 34120
E-Mail: tjones@barroncollier.com
District: 5
Category: Property Owner & Representative
Ms. Linda Hartman 354-2800 09/12/06 09/12/08 2 Years
794 17th Street, N.W. 455-1739
Naples, FL 34120
E-Mail: lindamikeh@aol.com
District: 5
Category: Property Owner
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
'~.. :.'__~f_-:,:::::C"1':i!',~~cc,'%:"~r~-:'"'_~:;:-,;'!C-::"x~@~.;r',':;:~;:_~':_-~._,;..: "-.;::,-;='T.l"l!!~~-':;l,;"-'
Thursday, September 14, 1006 Page 3
Agenda Item No. 9C
December 12, 2006
Page 9 of 67
East of 951 Horizon Master Plan Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
The EAST OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY
PUBLIC PARTICIPATION MASTER PLAN COMMITTEE is a 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.
FLSTAT
Staff: Mike Bosi, Comprehensive Planning: 530-6819
Th;:;;d;;;:S;P7:;:;j;~~rl4,~2(rO(;""m>r-.z.cey.r.:"''''''''''-""'",,"," ''':J'''''''''',,;,,:", . C "'~';'""P;:;;e'"4:;:;="'" ,?''',"",''~':"";~!T':',"''''',",",,"'',"c.=,' ":C
Agenda Item No. 9C
December 12, 2006
Page 10 of 67
MEMORANDUM
FROM:
August 21,2006
Elections Office ~
Sue Filson, Executive Manager ·
Board of County Commissione J
DATE:
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
EAST OF 951
COMMISSION DISTRICT
Kathleen P. Adams
761 15th Street, N.W.
Naples, FL 34120
5
5
Tibor (Ty) Agoston
360 Tenth Avenue, N.W.
Naples, FL 34120
G. Jeanne Alleman
3572 Periwinkle Way
Naples, FL 34114
5
Gregory W. Bower
1785 Dove Tree Street
Naples, FL 34117
!5
::5
Julianne J. Ballard
290 Newport Dr. #107
Naples, FL 34114
Phillip E. Brougham
8587 Pepper Tree Way
Naples, FL 34114
I
Cheryl Couture
19801 ImmokaIee Road
Naples, FL 34120
!S
Agenda Item No. 9C
December 12, 2006
Page 11 of 67
Patricia Couture
2059 17th Street, S. W.
Naples, FL 34117
!5
Pat Crooks
2421 Kings Lake Boulevard
Naples, FL 34112
J
,3
8
~
NR
6
~
Michael Dedio
2917 Lone Pine Lane
Naples, FL 34119
Celia M. Fellows
1131 17th Street, S. W.
Naples, FL 34117
Jacob [licker\p
831 8 Street, N.E. '1 _ j,'"' -0 I I r1
Naples, FL 34120 ~t _ ,",. 1; I-
./ I 3 ,i..f .~
Gary Gasperich 75;; _ .. 60t1IICi
1603 Whippoorwill Lanel f (j es /I" ?,/J(j "!S 5
Naples, FL 34105 Jf"
George Gruszewski
888 13th Street, N.W.
Naples, FL 34120
Linda Hartman
79417th Street, N.W.
Naples, FL 34120
Pat Humphries
441 20th Avenue, N.W.
Naples, FL 34120
!5
Kris Van Lengen
8231 Parkstone Place # 107
Naples, FL 34120
Agenda Item No. 9C
December 12, 2006
Kenneth J. Lynch 5 Page 12 of 67
764 Grand Rapids Boulevard
Naples, FL 34120
William L. McDaniel, Jr. 5
7000 Big Island Ranch Road
Naples, FL 34120
Timothy L. Nance 5
210 Frangipani Avenue
P.O. Box 990129
Naples, FL 34116
Carolyn S. Oppie 3
830 10th Avenue, N.W.
Naples, FL 34120
Stephen L. Price 5
6061 SR 29S
Immokalee, FL 34142
Russell A. Priddy -5
7007 Highway 29 South
P.O. Box 930
Immokalee, FL 34143
Douglas L. Rankin 2)
761 17th Street, S.W.
Naples, FL 34119
Richard Rice 2J
1167 Serenity Way
Immokalee, FL 34142
J. Richard Smith S
380 Frangipani Avenue
Naples, FL 34117
Christian Spilker 5
2260 16th Street, N.E.
Naples, FL 34120
Clarence S. Tears, Jr. 3
320 Lambton Lane
Naples, FL 34104
Mark Teaters 5
140 Wilson Boulevard South
Naples, FL 34117
S '1 ~ 1 ,1 Y
cott Truesdell 1 j r:r
1603 Whippoorwill Lane
Naples, FL 34105
Peggy E. Whitbeck
1450 Kapok Street
Naples, FL 34117
Thank you for your help.
NR
j
. ,t1 l3iJ(l:fq 50('1f6~~a Item No. 9C
} [ J e!3 r' ~~mber 12,2006
Page 13 of 67
MEMORANDUM
Agendal~9C
Decemb~~006
Page 14 of 67
DATE: August 21, 2006
TO: Michael Bosi, Comprehensive Planning
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: East of951 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 15th 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 34)14
Gregory W. Bower
1785 Dove Tree Street
Naples, FL 34117
Phillip E. Brougham
8587 Pepper Tree Way
Naples, FL 34J 14
Cheryl Couture
19801 Immokalee Road
Naples, FL 34120
Patricia Couture
2059 17th Street, S.W.
Naples, FL 34117
Agenda Item No. 9C
December 12, 2006
Page 15 of 67
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 1'ft Street, N.W.
Naples, FL 34120
Pat Humphries
441 20th Avenue, N.W.
Naples, FL 34120
Thomas R. Jones
3290 7th Aevnue, N.W.
Naples, FL 341201
William J. Klep
182 Newport Dr., #1008
Naples, FL 34114
Kris Van Lengen
8231 Parkstone Place # 107
Naples, FL 34120
Kenneth J. Lynch
764 Grand Rapids Boulevard
Naples, FL 34120
Agenda Item No. 9C
December 12, 2006
Page 16 of 67
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
ImmokaIee, 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 16th 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
Scott Truesdell
1603 Whippoorwill Lane
Naples, FL 34105
Agenda Item No. 9C
December 12, 2006
Page 17 of 67
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 774-8097.
Thank you for your attention to this matter.
SF
Attachments
filson_s
Page 1 of2
Agenda Item No, 9C
December 12, 2006
Page 18 of 67
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: (239) 774-3602
Fax: (239) 774-3602
t
~I
~. .
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. .
........., ,.";.
. ..,"'5-"
f( .,j/
August 16, 2006
Application for Advisory Committees I Boards
Name: Kathleen P. Adams Home Phone: 239-455-1567
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@conservancy.org
Place of Employment: Conservancy of Southwest Florida
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: 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 of2
Agenda Item No. 9C
December 12, 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 I 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
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 20 of 67
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 Tamlami Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) n 4-3602
'<<.. . ...t~.~\.: ..:;
. ". (.'
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August 01, 2006
Application for Advisory Committees I 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:tyagoston1@cs.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 I Committee Applied for: East of CR 951 Infrastructure
Committee
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
8/112006
If yes, please list the boards I committees:
CC Environmental Technical Advisory Committee Rural
Fringe Area Assessment Committee
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 21 of 67
-
Please list your community activities:
Taxpayers Action Group of Collier County - President
Hungarian-American Club -VP
Education:
BS Rutgers University MBA Rutgers University
Experience I Background:
Marketing and Advertising Executive for Major National
Grocery Chain for 25 years
..;
,
8/1/2006
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-
-
filson _ s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 22 of 67
From: advisoryboards@colliergov.net
Sent: Tuesday, August 08,2006 2:44 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.<<... . .-.-~~.~\: ::;
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Fax Number: 239-394-3771 Business Phone: 239-821-0256
"-
Email Address:julibpoi@juno.com
Place of Employment: South Seas East Condominium
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 ~v~
ctl ([ I'd' <t
Board I Committee Applied for: Advisory Committee _ Edsf (J-Y 9s /
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
Yes
August 08, 2006
Application for Advisory Committees I Boards
Name: Julianne J. Ballard Home Phone: 239-389-0752
Home Address: 290 Newort Dr. #107
City: Naples Zip Code: 34114
8/8/2006
(
Ochopee Fire Board - past rn<e~6er
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 23 of 67
.
Please list your community activities:
Red Cross Volunteer
Education:
college grad
Experience I Background:
Computer sales, support & design, Condo management,
USCG master captain. anatomical pathology (histology)
~
-)
8/8/2006
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 24 of 67
From: advisoryboards@colliergov.net
Sent: Tuesday, August 15,20068:17 AM
To: filson_s
SUbject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) n 4-3602
.<<~' ",,:t~'~\~}i
'. ,. . '.'
:"-i4"~ ....
August 15, 2006
Application for Advisory Committees I Boards
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? .. Yes
Board I 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?
8/1512006
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.
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 25 of 67
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
EducationlSociaology
Experience / Background:
Owner I 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 1st
Southern Trust, Marco Island, FL 1984 - Present Certified
Residential Real Estate Appraiser. FL # RD 5791- Carroll
and Carroll Inc. Naples, FL 2002- Present. - :t - nS
1l'Sopet<JlX>r" 012 Elect'L7Jn.s- -rmtn'ne "/1ssrsta..rf C~"-f{.,. f.,,,n~.v'f.t.get'1en::..\ ele<'o .
8/15/2006
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 26 of 67
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 Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.<<_. l~t~]\.,;.;
~. 7.,~
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July 26, 2006
Application for Advisory Committees I Boards
Name: Phillip E Brougham Home Phone: 239-793-5671
Home Address: 8587 Pepper Tree Way
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 I 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 CDO #1
8/2/2006
.
-.I
-,
Do you now serve, or have you served on a
Collier County board or committee?
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 27 of 67
No
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 I Background:
Thirty four years managing Information Services
organizations for International Paper Company and
Amerada Hess Corporation in New YorklNew Jersey.
8/2/2006
--
--
.
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 28 of 67
From: advisoryboards@colliergov.net
Sent: Monday. August 07,2006 6:06 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) n4-3602
Fax: (239) n4-3602
~.~. "~t~.]f~ J
. . -,
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Fax Number: 239-643-5809 Business Phone: 239-285-9697
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
Board I Committee Applied for: East of 951 Advisory BoardlHorizon
Study
(
No
August 07. 2006
Application for Advisory Committees I Boards
Name: Cheryl Couture Home Phone: 239-353-3989
Home Address: 198011mmokalee Rd,
City: Naples Zip Code: 34120
Email Address:BarakclC@aol.com
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve. or have you served on a
Collier County board or committee?
8/8/2006
e
Please list your community activities:
*Tillie Fowler Excellence in Public Service Participant
(Graduated July 2006) *CHEACC (Homeschool
Organization/Librarian 5 Years & Presently Orientations
for New Members...4th year) *ENOCH (Homeschool
Organization Board member & teacher for Friday Classes)
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 29 of 67
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 09 28 FAX 2392544380
FACILITrES
IllOOl/003
Agenda Item No, 9C
December 12, 2006
Page 30 of 67
AUgust ]6,2006
RECEIVED
AUG 1 7 2006
Board of .~ .
'-'OUnt)' Con"m' .
I "SSJoners
Collier County Government Center
Attn: Sue Filson
RE: East Collier Study Committee
\. .
To Whom it may Concern:
I would like to apply to be part of the 15 member East Collier Study Committee. I am B
resident of Collier County for 18 years and a registered voter. Enclosed is my resume for
your review.
I wouJd be honored to be selected to be on the Committee. May T have an interview? If
you have a.ny questions, please feel free to contact me.
SinJ1r~ty,.. /)
~(~
Patricia Couture
20S9 17th Street,. SW
Naples, FL 34117
(239) 4SS.8S06 (home)
(239) 595-5960 (cell)
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 31 of 67
From: advisoryboards@colliergov.net
Sent: Saturday, August 19,2006 8:09 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) 774-3802
Fax: (239) 774-3602
.~_. . ,~t~.._\: .~
. ~. '( "
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August 19,2006
Application for Advisory Committees I 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:campcravins@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 I 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"
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 32 of 67
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 I 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
08/17/2006 05 28 FAX 2392544390
FACILITIES
IlJ 0021003
Agenda Item No. 9C
December 12,2006
Page 33 of 67
.
PERSONAL DATA SHEET
Patricia A. Couture
2059 17&. Street, SW
Naples, PL 34117
(239) 455-8506
PERSONAL INFORMA nON:
Date of Birth: 4-22-S7
Marital Status: Widowed. 2 children
Health: Good.
Residency: Homeowner; 18 years
Registered Voter. Democrat
COMMUNITY INVOLVEMENT:
Present - 1996 Member of Center Point Community Church
200S - 2006 Chcerleading Coach at Palmetto Ridge High School
1999 - 2001 Coordinator of Big Cypress Elementary Safety Patrol
1996 Treasurer for Timothy Constantine's re-election campaign
1996 President of111o Golden Gate Area Chamber of Commerce
1995 Vice-President of tbe OG Area Chamber of Commerce
1994 Facilitator for FOCUS Group
1994 - ] 99, Publicity Olairman for "Frontier Days"
1993 - 1994 Treasurer for Big Cypress E)ementary PTO
1992 Recipient of the OOACC "President's Service A ward"
1991 - 1993 Social Chairman forGGACC
1991 - 1994 Member of Board of Directors ofGGACC
1989 Co-Chairman for "Frontier Days"
WORK EXPERIENCE;
Presently working for Collier County Public School District as a Bookkeeper for the
Facilities~ Planning" Construction Departtnent since August 17, 2006
Worked as a Bookkeeper for the ESOL, Diversity & Foreign Language Department at
CCPS from December 200S 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 SeNlce, Inc. as a
Office/Customer SetVlce Manager and Bookkeeper from January 1993 to AprilZOOO
Assistant Vjee-PresidentIBranch Manager for First Federal Savings & Loan Association
from April 1984 to January 1993
08/17/2006 09 29 FAX 2392544390
~ACIlITIES
III 003/003
Agenda Item No. 9C
December 12, 2006
Page 34 of 67
Patricia Couture
Page 2
EDUCATION:
Graduated with a Regents Secretarial Science Degree from Saranac Lake High School,
New York on June 20, 1975. A member oCthe National Honor Society from 1971 - 1975,
ranking 8th in graduating elass
Successfully completed a Municipal Double-Entry Accounting course offered by the
New York State Dep&rtment of Audit and Control
Completed a series ofLeader!hip workshops offered through the employment ofFirsi
Federal Savings & Loan Association
Attended many seminars and workshops on Home-Based Businesses, including but not
limited to business plans, tax structure and marketing
SkjIJed in CPR and First Aid
REFJ:RENCES:
Russell &lor Kaydee Tuff, PublishcrlEditor of Collier Citizen Newspaper
(239) 213-6077
Mr. Tom Henning. Collier County Commissioner
(239) 774-8097
Dr. Terri Mitcv, Principal of Sabal Palm Elementary
(239) 377-8200
(
i,
"
-
."
)
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 35 of 67
From: advisoryboarcls@colliergov.net
Sent: Wednesday, August 09,20061:10 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~~t~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) n4-3602
.l--t~l .~.I.
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Fax Number: 239-417-1610 Business Phone: 239-417-1600
Have you ever been convicted of any offense against the law? No
No
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
Email Address:Plmanager@swfla.rr.com
Place of Employment: Pelican lake Motorcoach Resort
How long have you lived in Collier County? 5-10 years
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
Collier County board or committee?
8/9/2006
-
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 37 of 67
From: advisoryboards@colliergov.net
Sent: Tuesday, August 01, 2006 7:00 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~"ty
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax:(239)77~2
~l-tIrli.l.
I.
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.~..'i~
wi Fax Number: No information provided. Business Phone: No information provided.
)
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
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 I 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
Collier County board or committee?
No
8/1/2006
.
-
.
Please list your community activities:
President of Olde Cypree Home Owners Assoc. Member
of the Exescutive Committee of Collier County
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 38 of 67
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.
Experience I Background:
Right Of Way Engineer Verizon Mayor 25 years N. J. 1978
to 2003 Planning Board member 25 years Morris County
Freeholder (Commissioner) Past Director Morris County
Municipal Utiliies Authority Morris County Planning Board
Member
\
'---
(
'-
8/112006
.
'"
-)
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 39 of 67
From: advisoryboards@colliergov.net
Sent: Wednesday, July 26,2006 5:09 PM
To: fi Iso n_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax:(239)77~602
,~-~
~r
Fax Number: 239-594-2025 Business Phone: 239-594-2021
Have you ever been convicted of any offense against the law? No
Board I Committee Applied for: East of 951 Master Plan Committee
Yes
July 26, 2006
Application for Advisory Committees I Boards
Name: Celia M. Fellows Home Phone: 239-304-2118
Home Address: 1131 17th Street SW
City: Naples Zip Code: 34117
Email Address:celiaanded@msn.com
Place of Employment: Humiston & Moore Engineers
How long have you lived in Collier County? 5-10 years
Are you a registered voter in Collier County? Yes
Category: (if applicable) Property Owner & Citizen
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
7/27/2006
-
-
.
7/27/2006
Productivity Committee and Smart Growth Committee
Please list your community activities:
Adopt 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
Education:
Bachelors Degree in Legal Studies Currently seeking MBA
- estimated completion date June 2007
Experience I Background:
As a resident of Collier County, specifically a resident east
of 951, I 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 20f2
Agenda Item No. 9C
December 12, 2006
Page 40 of 67
/
I
\
-
~
)
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 41 of 67
From: advisoryboards@colliergov.net
Sent: Tuesday, August 01, 2006 10:34 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~tt~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
~&-tlr'i.l,
." . r, ~,.
. . J ~
. ~ ~7
. .
'. - . :,;
'. '. - :.i! '. .'
, .:,.., I '
Fax Number: No information provided. Business Phone: 239-595-5153
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Board / Committee Applied for: EAST OF COUNTY ROAD 951
INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC
PARTICIPATION MASTER PLAN
COMMIITEE
August 01, 2006
Application for Advisory Committees I Boards
Name: Jacob Flicker Home Phone: 239-455-2356
Home Address: 831 8th ST NE
City: Naples Zip Code: 34120
Email Address:jflicker@viprealty.com
Place of Employment: VIP Realty Group, INC
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you currently hold public office? No
8/1/2006
.
.
.
8/1/2006
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.
Experience I Background:
I have lived in Golden Gate almost my whole life. I have
been selling Real Estate for the past 2 1/2 years.
No
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 42 of 67
filson_s
Page 10f2
Agenda Item No. 9C
December 12, 2006
Page 43 of 67
From: advisoryboards@colliergov,net
Sent: Friday, August 18,2006 8:51 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted,
~~"~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
_~~ . ....t~,~\." ./.!
". '1.'
. . "
.~ '. - :,' ..: J ./
August 18, 2006
Application for Advisory Committees I 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@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 currenUy 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. I would be
representing Toll Brothers as one of the largest property
owners east of 951.
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 44 of 67
Education:
No information provided.
Experience I Background:
Real Estate Developer Home Builder
8/18/2006
fi Iso n_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 45 of 67
From: advisoryboards@colliergov.net
Sent: Sunday, August 13.2006 8:48 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naplea, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.~_ ' 'A.-t~]~.~ ~
. ", ?'
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.~ '. - f ~: ~ >
August 13, 2006
Application for Advisory Committees I 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: Gulf 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 I 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
8/14/2006
Please list your community activities:
Member of the Golden Gate Estates Civic Association
NapleslMarco Antique Car Club
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 46 of 67
Education:
New York University Bachelor Degree, Mechanical
Engineering
Experience I Background:
15 Years Porsche Racing 7 Years Budweiser Racing 15
Years Owner, Gulf Coast Motor Cars
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Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 47 of 67
.
From: advisoryboards@colliergov.net
Sent: Thursday, August 10,2006 4:20 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
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Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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August 10, 2006
Application for Advisory Committees I 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: pathum13@aotcom
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 I 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
Collier County board or committee?
If yes, please list the boards I committees:
Yes
8/10/2006
-
-
.
Road Committee
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 48 of 67
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
DomainlPicayune Strand State Forest Membership
Participated in GGGEACA Forums & Meetings withe
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 I 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.1. and Long Isand, NY
(
8/10/2006
Advisory Board Application
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- SeleCt a Department -
Commission - Home
Advisory Board
Annual Calendar
Board Agenda
Boardroom Calendar
Board Meeting Recaps
Find Your Commissioner District
Using the Boardroom Podium Computer
Civic Associations
Clerk of Courts Laser Fiche
District Map
Interpreter's Guide
Meetings & Information
Press Releases
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Page 1 of3
Agel..a Ite.m No. 9C
De . r 2, 2006
, . 9 of 67
~,
Advisory Board Application
PIea1te fill out the following form to apply for a Collier County Board I Committee. Once you
have filled out all of the neceseary fields click the continue button below.
. Enter InfonNdlon 3. Print Information
Name:
IVWliam J. KJep
Please type your name as it appears on your voters registration
Home Address:
1182 Newport Dr. '1008
RECEIVED
AUG 0 9 2006
Board of County Commissioners
City:
INapleS FI.
Home Phone:
1239-642-6770
Ex, 239-555-5555
Zip Code:
134114
Fa:
Bu.ln... Phone:
1815-530-2731
Ex, 239-555-5555
,
---.---. -"..------ -
Ex. 239-555-5555
Important: In order to recieve a copy of your application you must enter a valid E-mail
address.
E-mal Add,...:
IbillkiePOyahoo.com
Place of EI11~t:
Resort Management South Sea'. East
How long have you Ilvecs ; 1 _ 2 years
In Collier County?
----_!l'
Have you ever been
convicted of any orren.. .. No .
against the law?
If y~!_~xp!airl:__
Are you . registered
voter In Collier County?
IVesill!
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Board or Committee Applied for: 13' a $f ~I CJ 5'/
http://www.colliergov.netlbcc/advisoryboardJindex.cfm
817/2006
"~....."'--,._"..._'--.-...._" ,'._-. ~_._~-_.._"......,.....-
Advisory Board Application
-
.
.
Advisory Committee
Category (If Ap,1iicable);
Example: Commission District. Developer
Environmentalist, Citizen At-Large. etc.
Do you currently hold public ornce? No .
If yes, what office do you hold?
Do you now Mrve, or have
you ever served on a Collier County No .
board or committee?
If Y88' please list the boards I coml11ittees: .
Plea.. list your community activities and positions held:
None In Florida
In Illinois OfIlc:er in the loyal Oreler Of The Moose. Morris If Lodge For
1 0 years.
Part Time Police Omcer VDlage of Essex. Essex II. 15 years. Sergeant
3 years.
Morris II. Board of Director Goose lake Home Owners Auoclation. 5
years.
Example: Civic clubs. neighborhood associations, etc,
Education:
Grade School e years.
Providence H .S. 4 years graduated 1966
Some College Courses
Experience I Bllctground:
See Community Activities Above. .....,
VVorked for PubRc UtIlity 281/2 yeara. 12 years in maintenance 161/2
years in management.
Parttime Pollee otIic:er 15 years
I Reset ]
EmaR to Sue FillIOn
Page 2 of3
Agenda Item No. 9C
December 12, 2006
Page 50 of 67
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If you have any questions regarding this appRcation please contact Sue Filson, Executive
Manager to the Board of County Commissioners, at (239) n4-8007 or email to
suefilson@coIliergov.net
If necessary you may download a hard copy of this application and submit to Sue Filson at:
(
http://www.colliergov.netlbcc/advisoryboardlindex.cfm
sn /2006
..
Page 3 of3
Agenda Item No. 9C
Sue FUson, Executive Manager to the Board of County CommiaaonersDecember 12, 2006
3301 ElIst Tamiaml Trail Page 51 of 67
Naples. FL34112
Advisory Board Application
wi
You may also fax your application to (231) 77.--3802.
Home I Jobs I Using Our Slbl I Contact Us I Disclaimer I Privacy
Conblct the web!T18ster for blchnical qla8tions about our web site.
Copyright C 2000 - 2004 CoOler County Government. All Rlghta Reaerved.
Usage Is licensed under the terms of the GNU Public License. Any other usage Is strlclly prohibited.
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http://www.colliergov.netlbcc/advisoryboardlindex.cfm
sn 12006
--
-
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filson_s
Page 1 of6
Agenda Item No. 9C
December 12, 2006
Page 52 of 67
From: advisoryboards@colliergov.net
Sent: Tuesday, August 08, 2006 9:07 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)774-3602
August 08,2006
Application for Advisory Committees I Boards
Name: Carolyn S Oppie Home Phone: 239-352-1099
Home Address: 830 10th Ave. NW
City: Naples Zip Code: 34120
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Fax Number: No information provided. Business Phone: 239-514-1199
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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 I 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
(
I
\
Collier County board or committee?
Page 2 of6
Agenda Item No. 9C
December 12, 2006
Page 53 of 67
--
Please list your community activities:
CAM - Community Association Manager
Education:
High School Diploma Some Business College Courses
)
Experience I 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-to-day 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
-
-
.
8/8/2006
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 Uason 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 internet 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 htm!. -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 eE'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 turn-around
times on recurring projects. - Track changes to sites,
special requests and issue updates processed internally. _
Track lead trends and discuss reporting with clients. -
Page 3 of6
Agenda Item No. 9C
December 12, 2006
Page 54 of 67
~--
l
J
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
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 & VVhitney, 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
Page 4 of6
Agenda Item No. 9C
December 12, 2006
Page 55 of 67
.
.-
8/8/2006
-
not EDI for Specialty and Mass. -Maintain customer
information files. -Coordinate with Customers and Credit
Dept to reconcile accounts. -Support annual line review. -
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
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: SaleslMarketing Secretary - June
Page 5 of6
Agenda Item No. 9C
December 12, 2006
Page 56 of 67
.
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8/8/2006
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1978 All duties of office work reporting to Sales and
Marketing Manager.
Page 6 of6
Agenda Item No. 9C
December 12, 2006
Page 57 of 67
Board of County Commissioners
3301 East Tamiami TruiI
Naple.~, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9C
R.ae~9JbW 12. 202~
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Application for Advisory Committees/Boards
Name:-J f \K \ vW-4R. i1:> S'M (tH
Home Address: -'S n F6<fHJ6-1 PA-A.J( ,4 () C-
Business Phone:
Home Phone: 3.5"'.,2
Zip Code: .3 'I / / 7
e-mail address: S J; It" 11 / T II ~ '12J> t!) 'Le)~~
33/- J63b
- :J., ,. Jf rr r tJ
Fax No.
Business: S{:f-tt {-w.~,( R F- b IFTTo 'F-/lJ z= "-1
Board or Committee Applied for: EJ4-ST D+:- COI\:f-,u"t 11 ~0A.p '1S) {!oJ F"R'A-STl.tl.lcT~t
I)./'-J 'Vs t;;<..RcJ lc ~5' H~~ / 2" h.I ..sTc.{P'1 1lG{ r; 4e:. fA~.y-"'71'';V f'(~~'"f',E /{, f'1.ft,v Cl~n(77"1;
Category (if appl icable ): (- [ 'T I "2. &::"'" "t- ~~ 1) .p t:.. ~,....::) 0 Ui IV lz. ~
Ex:lmplc: Commission District, Developer, environmentalist, lay person, elc.
Are you a registered voter in Collier County: Yes
v
No
Do you currently hold public office? Yes
If so, whnt is that office?
00 you now serve, or have you ever served. on a Collier County board or committee? Yes ~ No
If yes, Illease list the committecsJbonrds;. R',.) oJ i fO N "1 t= -,.; Tt4 I.-. A-l/ () J -::. " ~ 'j L {) (.{ tV c.. I.L.... "-
R '1 ~ A L F RI ,..; c;... tc:.. I\- b ~ ..s' ~ J'f \:!.ll 4-~ \.' :J j
No
~
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:
C-oLD~"" Ci--J+Ta:- ~.sT.4-ns. tl-R~.4- Cf "'I '- A-~scJc/ f+-T/lJlV'- PR.!'iS'(b~,.:.I(
{,-O f.- 'V7 fi: N ti--A-"T'iL c. H A-~.t13 't;;: ~ 0 f::. e (.H{ f\ ~ R.. c. ~ ~ D I ~ IL c ro ~
Education: /.....1+ IV 5 C f+1J c)-'-. b~ 6-..A.~ ~ C_ J .}>_ U,v \ v. o.Q: t L..4 )
Experience: PA-41 {,J7+- ~ 1 ~ tz:-. C f-J f'r I R. P F ~ <7 /'../ 0 J:::. ~ I-... i) R-- \ DA- ~ k:...
~;:-: ~;()~ fI ~~ ~~~rl ~~ ~;~~ ~~:-';::I, ')r J C~!<-l>CVA-Kj))
4Nb ~~ It P-- ?L~~B~f}i
RE.:;-(p f.l~ 1) OYt1t>A ~IIJC};; J9S--~-
{~ N ~ 0 t=:: (" I) L /... [~R S {jJ C ~ /1 F {, ( N f"rI ~ - 5 P E' fJ -r )...H,
3V~,4..fZ.-<;' 1';-5 A-""rr~~('J-tE''j ~OR r;y-I1Y()> Ol:= ~1-l)RIIt.>A-
.r;;W~l::.~ d ~ : c~~~ ~ ~(~ DZ:/(:::-J~ CJ(.I, ,'/T J 3' r VL €: 197'1-
PICLlse nnod, nny ndditionnl infoNllntionyollfeel perlfne",_ Tllis app/ientioll shollld befonpardcd to SIIe Filson, Execlltil'e Mnllnger
to tire Board ofCo,mty Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. /fYOII wislr,I,{,!aSc fn:c YOllr application to
(239) 774-3602 or c-mail to IJ/lefiLwmu;)coflitN!OI',lIet TI/llIIk )'01/ for volnnlttring to serve the cilizens of Collier Comity.
I
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filson_s
Page 10f2
Agenda Item No. 9C
December 12, 2006
Page 59 of 67
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Fax Number: 239-304-1817 Business Phone: 239-304-1817
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Board f Committee Applied for: The East of Collier Boulevard
Infrastructure and Services Horizon
Study Public Participation Master
Plan Committee
From: advisoryboards@colliergov.net
Sent: Thursday, August 03, 2006 11 :03 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3802
Fax: (239)774-3602
August 03, 2006
Application for Advisory Committees I Boards
Name: Mark Teaters Home Phone: 239-304-1361
Home Address: 140 Wilson Blvd South
City: Naples Zip Code: 34117
Emait Address: mteaters@aol.com
Place of Employment: Naples Service & Supply, Inc.
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
)
Do you currently hold public office? No
Do you now serve, or have you served on a No
8/4/2006
Collier County board or committee?
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 60 of 67
-
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 I 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
-
.
8/4/2006
filson_s
Page 1 of2
Agenda Item No. 9C
December 12, 2006
Page 61 of 67
From: advisoryboards@colliergov.net
Sent: Friday, August 18, 2006 8:49 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~ce:c"~
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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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 f 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:
Project Manager with Toll Brothers. I would be
representing Toll Brothers as one of the largest property
owners east of 951.
Page 2 of2
Agenda Item No. 9C
December 12, 2006
Page 62 of 67
Education:
B.A., J.D.
Experience I Background:
Attorney Real Estate Developer Home Builder
8/18/2006
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9C
December 12, 2006
Page 63 of 67
Application for Advisory CommitteeslBoards
Name: Peggy E. Whitbeck
Phone: (239) 353-2367
Home Address: 1450 Kapok Street
Zip Code: 34117
Fax No. (239) 594-9566
Business Phone: (239) 594-7770 e-mail address:pe2\Vhitbe(iiJ.aol.com or
peggy. wh itbeck(a)j ronstoneba n k.com
Place of Employment: Ironstone Bank
Board or Committee AppHed for: The East of 9S1 Stady - Master PlaD CommIttee
Category (if applicable):
Enmple: Commissioa District, Developer, eaYiro...eataJist, lay penH, de.
How long have you lived in CoWer County: Years_20 Years_ Months
Are you a registered voter in Collier County: Yes _X_ No
Do you currently hold public office1 Yes No _X
If so, wbat is that office? I am the Treuurer of the Fraogipaoi Ag CommuDity Area Civic Association
Have you ever been convicted of any offense against the Law?
If yes. explain:
Yes
No_X
Do you oow serve, or have you ever served, 00 a Collier COUDty board or committee? Yes
If yes, please list the committeeslboards:
No_X_
Please list your community activities (civic clnbs, neighborhood associations, etc. and positions held:
I served. as Presiclent and also Secretary of the CleYeIaDd'l'ec:h_tcu Sodety. I also served as the
Treasurer
of the Golden Gate Chamber. I served. as the Treasurer of the Golclen Gate Estates .&rea Civic
Association, I also sezvecl as Presideat, Secretary, aDd c:azrently as 'I'reas1uer of the FraDgtpaDi
Ag
Community .&rea Civic Association. 2006 PI'ec::iDct Volunteer: Clerk (Car.rently in 'fphat_g for
Sept. 501
Voting Day aDd then again for November SOl.
Education: I do DOt have degree but I have considerable ecluc:ation in the fields of Chemistry,
Computer propam anc:IlaDga.age, and now b,,-lriDg.
Experience:
15 years of experience iD. Reseucll 6: DeYe1opmeD.t in the chemical 1Dda.sb:y. Worked with EPA
in removiDg hazarclous chenUca1 in consumer and IDdustrial coatl-gB (Shenrin Wi11iam. Co.).
5 yean of Computer programming aDd teC''hfttcal81l.pport of systems. 15 years of .--Id"'g
experience.
I am cunently .AssistaDt Vb President and. B,,~'Irt"g OBicer at IronStcme Bank.
Agenda Item No. 9C
December 12, 2006
Paae 64 of 67
Plase tltttJclt 11I9' _..1'-:... i1if0l"llltlli0lt ytIII.f<<I peItiIIeIIt. TIII6 ."NCifltlmr 6IMHdtI6e forwtll'lled *' Su JiJIMJII, Eut::IdiH MIIIIII/lO I#)
the BotudofCounty Comllli88UJnns, 3301 East TIDIfi4mI TrtIil, N._, FL 34112. lfytHl wish,p/elluflDCyourapplicatiolf*,
(239) 774-3602 or e-mtliI to suefilsotliiJco/lil'fT!ov.net. TIuutk YO. for 1If1IIutI<<ring *' SDW tile dIluns ofCol/Jer County.
\,
/'~.
-
~
--
fIlson__
From: advisoIyboardsQcoUiergoY.net
Sent: Wedne8d8y I August 02. 2006 10:56 AM
To: filson_s
Subject: New Qn..Ilne Advisory Board Application Submitted.
~~
Board of County Commissioners
3381 e.t T....... TraI
NIIp.... FL 34112
Tel: (231) 77.....2
Fax: (231) 77...-02
Agend<PQel1'W2C
December 12, 2006
Page 65 of 67
,~~~
~rv
Name: Clarence S. Tears, Jr. Home Phone: 239--348-1356
Fax Number: 239--597-4987 8ual..... Phone: 239--597-1505
Place of Employment: Big Cypress Basin South Florida Water
Management District
Have you ever been convlct8d of any offen8e agalnat the a.w? No
Board I Comm.... Applied for: East of County road 951
Infraslructure and Services HOI izon
Study Public Participation Master
Plan Committee
August 02, 2006
Application for Advisory Committees I Boards
Home Add,..: 320 Lambton Lane
City: Naples ZIp Code: 34104
Emall Add....: ctearsjr@sfwmd.gov
How long have you lived In Collier County? 5-10 years
Are you. regl8tered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you curnntly hold public otIIce? No
81212006
-
Do you now serve, 01' have you ...,. on ·
Collier County bCNIrd or comm""
If Y'" ple_ltat the boarda I ~:
IMMPVC Lake Trafford Taskforce
Yes
Agend~2C
December 12, 2006
Page 66 of 67
.,.... Hat your community KtIvtII-:
Chair Leadership Colier Board of Direclor8 leadership
Florida Director of Youth Ministry Multiple Sclerosis
community leader 2001
education:
AA Civil Engineering BS Administration MBA
Experience I Background:
20 plus years in water resource management and
longtenn planning
-
-
-
81212006
Agenda Item No. 9C
December 12, 2006
Page 67 of 67
Board of County Commissioners
3301 East T..i..l TraU
Naples, FL 34111
(Z39) 774-8097
Fax: (Z39) 774-_2
Application for Advisory CommitteeslBoards
N....:
Rlcbrd IUee
HOlDe .AcIdr.-:
1167 Ser.1tY WIlY. ........-. JI'L
u-e ftoM: 239 657..a16
,.., Code: 34142-1192
FuNo.
B . _ ~ Z39 657-3137 .......wn.:~...
Place f1I:E.pIoymeIIt:
1- 1~'-rlut..a-f1Io--.ra.
Doei'd or C--'"- ApplIed &ar:
eatecorY (if applicable):
.....~ c.... . . V" DIIIrId, Dne1oper. _w..
..... 01951
Lay-~
. 1IoC."'~"
How IoII&lIaftyoalved" c.-..C4MuItJ: Years 1 Mo.... ,
Are ,... rcci*nd voter ill Coller eo..ty: Ves X Me
Do yell earreatly IaoId pablc eIIIee'1 Yes No X
If... wIIat is .. ....1
Have yoa ever beea convicted of..,. off.. .,... tile Law?
If,.. a......: 1'nf& vw..-..
Do ,.. ... ...... or ....,.. .... ~ _ . C.... c..., ....... .........t v.
If,.......1iIt "'ee..~
Yes X
No
No
x
PIeue lilt yotIr....1IIdty lldiYiliat (ctrie..., .......... 1.1 1...I.l................. ......:_
Pr-WeIIt. .._-a...... ........ CIlm - Pll-"-t.. ~IIL- ,. -IN A_ .......... - RoI_ --.tlJT. I-BOPI:
ao... __ neMI'lelI , - .,........ r ....... - ~ Jl'Int IhI... MIlIINMIIIt a.nIt - Sern _ ...... ..... A
vw.._C-~AIII'-,*Dl_Z-"'" . -t~ _ L_......Dift......._-_L-_
l"'---_..ttv.w-...e... be.
EchIca....: ScNH CDIII.l1~ - 11..... wan n..-ber 0101 f11le Ih- -6 ...........lfIWt...
~
Unw...h. ofColDndo. V....snit. ofGeonda - 1 ftUI. V........ .,........ - ........... DeftIoII--t
....te
J:~ l' ftan C"-_ore.- a _a.
For .... at ....... ill......
I" - . % wen....- -" .....-- - ...m -
"-........ .~ 111 ~ ~ II~~""'" JIIIt W - - ....,_".~.,...,.. Il1IMrllu"""".
EXECUTIVE SUMMARY
Agenda Item No, 9D
December 12, 2006
Page 1 of 23
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZENS CORPS
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term representing the
Sheriffs Office and 5 members to serve 4 year terms, expiring on November 5,2010, to the
Collier County Citizens Corps.
CONSIDERATIONS: The Collier County Citizens Corps is an 11 member committee that
was established on November 5, 2002 by Ordinance No. 02-56 to provide information to the
citizens of Collier County and to act as a coordinating agency for the enhancement of activities
that support emergency services, law enforcement and disaster prevention, preparedness and
response. The committee will assist in the recruitment of volunteers by publicizing and
expanding existing community programs such as: Medical Reserve, Neighborhood Watch,
Community Emergency Response Teams, Volunteers In Police Service & other public safety and
law enforcement programs. They will also facilitate communication between Collier County &
State & Federal agencies on mitigation activities as well as to enable Collier County to identify
outside resources such as grants, training opportunities and equipment. A list of the current
membership is included in the backup.
The following terms have expired:
Russell D. Rainey, Community Emergency Response Team (CERT)
Deborah Horvath, American Red Jay Cross, Executive Assistant to Clerk
Captain Alejandro Castillo, Salvation Army
Douglas R. Porter, Civil Air Patrol CAP
James H. Elson, Collier County Veterans Council
Captain Nancy L. Reed, Sheriffs Office - resigned - terms expires November 5,2009
THE RESPECTIVE AGENCIES HAVE RECOMMENDED THE FOLLOWING
PERSONS FOR REAPPOINTMENT:
Russell D. Rainey, Community Emergency Response Team (CERT) - expiring 11/05/10
Deborah Horvath, American Red Cross - expiring 11/05/ 10
Captain Alejandro Castillo, Salvation Army - expiring 11/05/1 0
Douglas R. Porter, Civil Air Patrol (CAP) - expiring 11105/1 0
James H. Elson, Collier County Veterans Council- expiring 11/05/10
Sheriffs Office Representative - to be named at a later date.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 6 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: DECEMBER 12, 2006
Agenda Item No. 90
December 12, 2006
Page 2 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9D
Appointment of members to the Collier County Citizens Corps.
12/12/200690000 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
BGe Office
1211/200612:53:26 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
12151200612:30 PM
~
(
Collier County Citizens Corps
Agenda Item No. 90
December 12, 2006
Page 3 of 23
Name
WorkPhone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
~
Mr. Russell D. Rainey 11101105
3725 Montreux Lane, #104 430-0214
Naples, FL 34114
E-Mail: russeUd.rainey@att.net
District:
Category: Community Emergency Response Team CERT
Ms. Deborah Horvath
3060 Round Table Lane
Naples, FL 34112
E-Mail:
District: 1
Category: American Red Cross
596-6868 11/05/02
775-8668
~--...
("-
Captain Alejandro Castillo 775-9447 01110/06
328 Lambton Lane 455-6684
Naples, FL 34104
E-Mail: Alejandro _ Castillo@USS.salvationarmy.org
District: 3
Category: Salvation Army
Mr. Floyd R. Chapin 11/01105
228 Belina Drive, #12 353-5006
Naples, FL 34104
E-Mail: schapin43@aoLcom
District: 3
Category: Collier Emergency Response Volunteers CERV
Mr. Douglas R. Porter
160 Mullet Court
Naples, FL 34102
E-Mail: dporterI43@comcast.net
District: 4
Category: Civil Air Patrol CAP
11/01105
417 -9890
<.
_____.c::.'l:- - .n." ~
Wednesday, January' 11, 2006
... ......-......
~~'~~~o:::-::.::::::=-_-::::.~
Page 1 of3
11/05/06
1 Year
11/05/06
x
4 Years
11/05/06
-1 Year ~
11/05109
4 Years
11/05/06
1 Year ~
Agenda Item No. 90
December 12, 2006
Page 4 of 23
; Collier County Citizens Corps
\
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James H. Elson 860-0009 11/05/02 11/05/06 4 Years X
680 8th A venue, South 434-2652
Naples, FL 34102
E-Mail:
District: 4
Category: Collier County Veterans Council
Mr. Reginald A. Buxton, II 572-0051 10/14/03 11105/05 2 Years
11806 Quail Village Way 514-2371 11/01/05 11/05/09 4 Years
Naples, FL 34119
E-Mail: nnjoumal@swfla.rr.com
District: 3
Category: Business & Industry (Chamber)
Mr. Jerry Sanford 597-3222 09/28/04 11/05105 1 Year
1347 Old Oak Lane 596-7959 12/13/05 11/05/09 4 Years
Naples, FL 34110
\, ... E-Mail: gsanford@northnaplesfire.com
District: 2
Category: Collier County Fire Chiefs Association
Captain Walter R. Jaskiewicz 11/05/02 11/05/05 3 Years
420 South Barfield Drive 389-0723 11/01/05 11/05/09 4 Years
Marco Island, FL 34145
E-Mail: captwrj@ao1.com
District: 1
Ctltegory: Coast Guard Auxiliary
Mr. Gerald Sugarman 304-5444 01/14/03 11/05/05 3 Years
1074 Camelot Circle 304-5444 11/01105 11/05/09 4 Years
Naples, FL 34119
E-Mail: gerrysugie@aol.com
District: 3
Category: Retired Senior Volunteer Program RSVP
~'!:~.:;::;-._~~-~~~~....:~~_ ~--.l~-!.~~~_.
Wednesday, January 11, 2006 Page 2 of 3
..._..:~_~;m
Agenda Item No. 90
December 12, 2006
Page 5 of 23
Collier County Citizens Corps
Name
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
Work Phone
Home Phone
Captain Nancy L. Reed ~p.f; 774-4434
3301 E. TamiamiTrail re~ f')~O\P 352-8863
Naples, FL 34112 q...
E-Mail: emops@colliersheriff.org
District:
Category: Sheriffs Office
11/01/05
11/05/09
4 Years
/'
This 11 member committee was established on November 5. 2002 by Ordinance No. 02-5G? to
provide information to the citizens of Collier County and to act as a coordinating agency for the
enhancement of activities that support emergency services, law enforcement and disaster
prevention, preparedness and response. The committee will assist in the recruitment of
volunteers by publicizing and expanding existing community programs such as: Medical
Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police .
Service & other public safety and law enforcement programs. They will also facilitate
communication between Collier County & State & Federal agencies on mitigation activities as
well as to enable Collier County to identify outside resources such as grants, training
opportunities and equipment.
...'"1..-.
(
'..."..
FL STAT President through the Office ofHomela
- _.... C'....._...~.....
Staff: Jim von Rinteln, Emergency Management Department: 774-8444
(
'"
~_=:::~~"'':';';'W~--~~''-'~~':''__-.'~''-'''=''':;';'~~,~,:z=c,'=..~..:,_'_~' ...,.o::'-~.~:.;;..~.....~.............:..-c"
Wednesda)'. Januar)' 11, 1006 Page 3 of 3
-w ",",:,,,,~_,,_""liii;-.->
AgemQtfri'\ 1*I.\lj:: D
Dec'e?n'tmM t-~0'6t-
~E(}6ibf2006
COLLIER COUNTY
DEPARTMENT OF EMERGENCY MANAGEMENT
8oaro of County Commissioners
3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8000 · Fax (239) 775-5008
Collier County
Board of County Commissioners
3301 Tamiami Trail, East
Naples, FL 34112
November 4, 2006
To Whom It May Concern:
Mr. Russell Rainey is hereby re-nominated to represent the Community Emergency
Response Team (CERT) seat on the Collier County Citizen Corps Advisory Committee.
If I can provide any further information that would be helpful please do not hesitate to
contact me at 774-8000.
Thank you.
Sincerely, ~ ....
//2#-:
( D;:;ummers. CEM
Director, Bureau of Emergency Services
c
o
{~~~. A
r
c
o ..
.. t Y
Agenda Item No. 90
December 12, 2006
Page 7 of 23
fllson s
-
From:
Sent:
To:
Subject:
enews@colliergov.net
Monday, November 06, 2006 9:46 PM
filson s
Advisory Board Application from Collier County Website
Please fill out the following form to apply for a Collier County Board I Committee.
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
suefilson@colliergov.net
Your Name: (Please type your name as it appears on your voters registration)
Russell D. Rainey II
Home Address
3725 Montreux Ln. #104
City
Naples
ZIP Code
34114
Home Phone (Ex. 239-555-5555)
239-430-0214
Business Phone (Ex. 239-555-5555)
Not answered
Fax (Ex. 239-555-5555)
239-403-0215
E-mail Address (Important: In order to recieve a copy of your application you must enter a
valid E-mail address.)
rrainey@swfla.rr.com
Place of Employment
retired
How long have you lived in Collier County?
1 - 2 Years []
3 - 4 Years []
4 - 5 Years []
5 - 10 Years []
10 - 15 Years [ ]
More than 15 Years [x]
Have you ever been convicted of any offense against the law?
Yes []
No [x]
If yes, explain:
Not answered
Are you a registered voter in Collier County?
Yes [x]
No []
Board or Committee Applied for:
Citizen Corps
1
Category (If Applicable):
,-Citizen At-Large, etc.}
CERT
Agenda Item No. 90
December 12, 2006
(Example: commission District, Developer Environment~~of23
Do you currently hold public office?
Yes []
No [x]
If yes, what office do you hold?
Not answered
Do you now serve, or have you ever served on a Collier County board or committee?
Yes [x]
No []
If yes, please list the boards I committees:
Citizen Corps
Please list your community activities and positions held: (Example: Civic clubs,
neighborhood associations, etc.)
Commander, Marco CERT
Secretary, Citizen Corps
Education:
BS, Industrial Mgt. Georgia Tech
Experience I Background:
5 years, CERT
Qualified CERT instructor
Red Cross Shelter Mgr.
FEMA Damage assessment
2
12/e1/2ee6 11:55
2395966923
CCARC
Agenda ~N&~2
December 12, 2006
Page 9 of 23
+
American Red Cross
December 1, 2006
...r.or"~
. .~,
...
".,
Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Dear Commissioners,
I would like to nominate myself as a member of the Collier County Citizen Corps. I have
been in that position for the past four years and would like to continue my presence on
that Advisory Board.
An application has been sent to Sue Filson.
Thank you for your consideration.
~~~
Deborah Horvath
Executive Director
Collier County Chapter
Collier County 0Japte:r. 2610 NonbbItclc Plua Drive. Naples. norida 34119 . (239) 596-6868 · (239) 59&$23 Fax · E-mail: colliercountyredcross@comcast.net
lmmokaJee Office' 750 Sour" 5th Street elf728.lmmokalee, Florida 34142' (239) 658-3330' (239) 658-3360 Fax.
,,,...;~ _n.. ..'....'he.,.... 't'It\'IIU1 rnlliM{"nnntvrt:-cicro~~.or2
Advisory Board Application
filson_s
Page 1 of2
Agenda Item No. 9D
December 12, 2006
Page 10 of 23
From: deborahhorvath@hotmail.com
Sent: Friday, December 01, 2006 10: 38 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Application was received on: 12/1/2006 10:37:49 AM.
Name: !Deborah Horvatbj Home Phone: 1239-775-86681
Home Address: 13060 Round Table Lan~
City: lNaple~ Zip Code: !E!TI]
Phone Numbers
Fax: 1239-596-69231 Business: 1239-596-686~
e-Mail Address:ldeborahhorvath@)lotmai1.coml
Work Place: jAmerican Red Cros~
How long have you lived in Collier County: !more than 151
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board I Committee Applied for: !collier County Citizen Corp~
Category: !Not indicated!
Do you currently hold public otffice? ~
!Collier County Citizen Corp~
Do you currently or ever served on a Collier-County Board or Committee? ~
Please list our communi activities:
ter Naples Chamber of Commerce - Ambassador International College Alumni
ssociation - Secretary Volunteer Organizations Active in Disaster - founder Special
eeds Sheltering Committee - Member ColI. Cty. Mitigation Strategy Working Comm.
Mem. ColI. Cty. Y2K Compliance Committee - Member ColI. Cty. Health Education
oalition - Member At. Ann's Home/School Assoc. - President, Secretary St. John
eumann HS - Board member and PT A Junior Achievement od SW FL - Instructor
Education:
!Associates Degree in Hospitality Management Bachelors Degree in Business
12/1/2006
Advisory Board Application
iAdministratio~ Masters Degree r in Public Administration
Page 2 of2
Agenda Item No. 9D
December 12, 2006
Page 11 of 23
12/1/2006
Nav 08 06 12:17p
The Salvation Army
2397759732
p.3
Agenda Item No. 9D
December 12, 2006
Page 12 of 23
DOING THE
MOST GOOD'M
Wili:am Boob, Pounder
Sha'.Y Clition, JfJller,,:
MI",,'ell F eeru:r, Ter.-i:OI'ia! C.q",,,.,..ndrr
!\I.ajor Steve Hedg!Cn. D/~ujo"Q/ eo""...0I11:1..,
Capluin Al~janC:ro ClISlillo, A,...Q ('oCl,.Q'i"Qll>r
November 8, 2006
Board of COUDty Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioners:
We would like to nominate Captain Alejandro Castillo, to Sen.'1;; as committee member of
the Collier County Citizen Corps.
Thanks in advance for your consideration
Sincerely,
4~',~
Captain All.;iandro Castillo
Area Coordinator
3180 ESTEY AVEI'JUE. PO.BOX: 8209. PHOl\E (239, 775-9447. FAX (239) 775.9T32
NAPLES. FLORiDA 34101-8209 . www.SalvilllionArmyNeples.::>rg
Ncv 08 06 1217p
The Salvation Army
2397759732
Board of County Commissioners
331H East lamiami Trail
Naples, FL34112
(239) 774-8097
Fax: (239) 774-3682
Application for Ad,risory Committees/Boards
~ame: (flPkiw A\~C&",~ro C~S~\\\o
Home Address: b~ ~ L C\.wh+oN LJ4N~
Gl3Cf ':;31
Fax 1\'0. .,.,S-' q 730) Business Ph<me: ?jS-'=ill4. 7 e-mallllddress:
S4. \O~~ aN f+rl'1N..l
Home Phone: 4SS'66~'1
7Jp Code: 34104
Place ofEmplo)'ment: Me
Board or Committee Applied for:
Category (if applicable): -rl..Q. ~ \oCl... +-t',,",N tAr~
~108mple: Cl)llll1lmi... Dntri.l. De'I'tolupcr, envlronmentalist, hly person, tte.
How long have you lived in Collier County: Years
"Iooths ~~
Are you a registered voter in Collier County: Yes~No
Do YOD currently hold public office? Yes
If so, what is that office?
~o
v-
Have you ever Deen convicted of any offense against the Law?
If yes, explain:
Yes
No ;--
Do you no~ serve, or l1ave yoo t'\ler served, on 11 Collier County bC>llrd or cOll1mlttee? Yes j,-"
If yes, ple&5e list the commi1t~slboarcs:
No
c.."",\\.~....",,
L.o ...) ~ -\ _/
L....l::..,....."'''-
c..._ L":> ~
Please list your community adh'iti6 (ch'ic dubs, neighborhood a5sodatioas, etc. and positions
held: I l~. ..\. \..--... C :!)''''''''' ~ 'A-.~ .L; ^ ~ o..f. ~,' r::: ---./ c f--.:! \.,,,,,
<.. <. \....... v ~ ~ -"",~ A --: ~"'t .
Education: ~. V~
M-D.
Experience:
L...- ...l
,
..l ~.: <~ ~):. ~ ~~ Q G4
< L (' L~ _ ~_ _ __ ' _ 'oJ \ '-- Cr
~~ ""
1. (' .'
,~ i ~ Ct- ~ -L-') ~ ~
"'" .:-J. 0' ___ oJ.
Pk-rr"", """d, ''''Y "dO/iIl..",,1 iJlf-'IOi"".t'c"~rf p"niJlent. nus .pplicUlifJ" sllolllalH: [_rwardell t:1 S1+~ FiJson, E.'CtI"II,i.-e M/lflafjtll" to
till! Bour! 9jCOlllf/y Commi5Jiio'k'rli. 3301 e'lISJ TllmUmli TrQiI. -'Vapl..., PI. 34/12. 11,"0" wisl., pl~t!far:v'''" ttpplit.'fH;tJn In
(239J7U.J601", ._all /0 ,.u.fil'''I/(a'u.fli''f'rl..~.''d, T"_k ,/HI 1m ""/untU!ring' fL' 'er~ me citizcltlo of Collier Cormly.
NAPLES SENIOR SQUADRON
CIVIL AIR PATROL FLORIDA WING
UNITED STATES AIR FORCE AUXILIARY
300 A VIA nON DRlVE SOUTH '
NAPLES, FL 34104
, ;
25 October 2006
Collier County Board of Commissioners
% Department of Emergency Management
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioners,
Naples Senior Squadron, Florida Wing Civil Air Patrol, nominates
Captain Doug Porter to continue to be our Citizens Corps Advisory
Committee Member for the next four years.
~~~UiU
Lt. Co!. USAF (Ret.)
Commander, Naples Senior Squadron
, Gollier County: Online Forms
PaJle 1 of 4
Agenda Item tro. 90
December 12, 2006
Page 15 of 23
"r~ .~--.... ""._,,
Online Fonns
"t;
~.........:.--------"--~. -_.
. .
Advisory Board Application
Plea.. fill out the following form to apply for a Collier County Board I Commltt_.
If you have any questions regarding this application plea.. contact Sue Filson, Executive
Manager to the Board of County COmm...lon...., at (239) 774-8097 or eman to
suefllsonOcolllergov.net
Your Name: (PI.... type your name as It appears on your voters registration)
IDouglas Eugene Porte.
Home Address
11650 Mullet Ct
City
INaples
ZIP Code
134102-1526
Home Phone (Ex. 239-555-5555)
1239-417-9890
Business Phone (Ex. 239-555-5555)
Fax (Ex. 239-555-5555)
http://209.247.187.111fmdex.aspx?recordid=6&page=58
11/21/2006
Cellier County: Online Forms
Page 2 of 4
Agenda Item No. 9D
December 12, 2006
Page 16 of 23
E-mail Add..... (Important: In order to reeleve a copy of your application you muat enter a
valid E-mail add......)
IdPorter143@comcast.1
Place of Employment
IRetired
How long have you lived In Collier County?
15 - 10 Years ..:1
Have you ever been convicted of any offen.. agalnat the law?
(" Yes
(i No
If yes, explain:
..
..::J
Are you a regl.tered voter In Collier County?
(i Yes
(" No
Board or Commltt_ Applied for:
IColller County Otizens
http://209.247.187.1111index.aspx?recordid=6&page=58
11121/2006
Collier Coqnty : Online Forms
Category (If Applicable): (Example: Commission District, Developer Environmentalist,
Citizen At-Large, etc.)
Do you currently hold public office?
ryes
(e No
If yes, what otrIce do you hold?
Do you now serve, or have you ever sened on a Co".... County board or committee?
Ci Yes
(' No
If yes, please list the boards I committees:
Collier County Citizens Corps Advisory Committee.
Emergency Management Advisory Council.
Please list your community activities and positions h.-cl: (Example: Civic dubs,
neighborhood associations, etc.)
Naples squadron Civil Air Patrol, Emergency Services Officer
http://209.247.187.11I/index.aspx?recordid=6&page=58
Pa,g;e 3 of 4
Agenda Item 1\1'0. 90
December 12, 2006
Page 17 of 23
....
.:;J
.d
11/21/2006
Collier COlplty : Online Forms
Pasze 48f 4
Agenda Item r;ro. 9
December 12, 2006
Page 18 of 23
education:
Henry Ford Trade School
Two Years College
'rcraft and Engine Mechancis School
Builder/General Contractor School
Commercial Pilot School
..:J
Experience I Background:
Retired from the automotive industry as a design engineer
..:.I
~ 'o'DiiIIlII
....,.....H,~I,r-...-'<..,'.,.'..'~'.~.'.".'~lF...nr~.."'... '."U'!"._.~. ~ " ~l,~~'''''''''''Il'''U"ll'''' T ,~""'"I'Il>.r,,,,,"1.'(:~~',
l~T.:n_
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httn./I,oq '47 lR7 l11/inrlp.x J1~mc?rP.C".nrcfirl=6&MI7P.=~R
11 n.1/?<lon
Agenda Item No. 90
December 12, 2006
Page 19 of 23
COLLIER COUNTY VETERANS COUNCIL
James H. Elson.. Captain, U.S. Army (Ret.) .. President
R.FCEI\/ED
Of" (' ; '; ')f'Ob"
....' ".....1
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, F134112
r.:~)Jrd o~ C~jLiilj.:J CO!i'HTliss:oners
October 19, 2006
The Collier County Veterans Council we hereby re-nominate James H. Elson to the
'Citizens Corps Advisory Board for another term of service.
The Application for Advisory CommitteeslBoards has been submitted online,
October 19, 2006.
Sincerely,
es H. Elson
President, Collier County Veterans Council
Phone: 239-434-2652. Fax: 239-261-0009
616 5th Avenue South. Naples, FL 34102
www.colliervets.com
Agenda Item No. 9D
December 12, 2006
Page 20 of 23
~~Ison s
-
From:
Sent:
To:
Subject:
AmoIdSandra
Monday, November 06, 2006 9:26 AM
filson s
James Elson
Please fill out the following form to apply for a Collier County Board I Committee. 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 toauefilson@Colliergov.net
Your Name: (Please type your name aa it appears on your voters registration)
James Elson
Home Address
680 8th Avenue South
City :Naples
ZIP Code: 34102
.-tome Phone (Ex. 239-555-5555)
239-434-2652
Business Phone (Ex. 239-555-5555)
239-860-0009
Fax (Ex. 239-555-5555)
239-261-0009
E-mail Address (Important: In order to reeieva a copy of your application you must enter a
valid E-mail address.)
jelson 1 @comcast.net
Place of Employment
John R. Wood, Realtors
How long have you lived in Collier County?
1 - 2 Years
3 - 4 Years
4 - 5 Years
1
5 - 10 Years
10 - 15 Years
More than 15 Years
Agenda Item No. 9D
December 12, 2006
Page 21 of 23
Have you ever been convicted of any offense against the law?
Yes
No
If yes, explain:
Not answered
Are you a registered voter in Collier County?
Yes
No
Board or Committee Applied for:
Collier County Citizens Corps
Category (If Applicable): (Example: Commission District, Developer Environmentalist, Citizen
At-Large, etc.)
Not answered
Do you currently hold public office?
Yes
No
If yes, what office do you hold?
Not answered
Do you now serve, or have you ever served on a Collier County board or committee?
Yes
No
I' yes, please list the boards I committees:
I am currently serving on the board of the Citizen Corps Advisory Committee, representing the Collier
County Veterans Council.
Please list your community activities and positions held: (Example: Civic clubs, neighborhood
associations, etc.)
President, Collier County Veterans Council 2001-2007 Vice President, Old Naples Association
2
Agenda Item No. 9D
December 12, 2006
2006-2007 Committee Member, US Service Academy Nomination Selection Committee=2008LPa$W
-President, Reserve Officers Association Past President, Military Officers Association of SW Fl.
Education:
BA degree, Norwich University, 1971 Captain, United States Anny (Ret.) Real Estate Associate
Broker, John R. Wood, Realtors
Experience I Background:
Citizens Corps Board Member 2002-2006
3
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Agenda Item No. 90
December 12, 2006
Page 23 of 23
DON HUNTER. COLLIER COUNTY
3301 Tamiami Trail East, Bldg . J, Naples, FL 34112-4902
(239) n4-4434 www.coUlel'llherllf.org
September 7, 2006
Collier County Government
Division of Emergency Management
3301 Tamiami Trail East, Bldg. "F"
Naples, Fl34112
Attention: Mr. James J. von Rinteln, CEM, FPEM
RE: Citizens Corps Advisory Council for Collier County
Dear Jim:
It is with great regret that I inform you of my resignation from the Citizen's Corps
Advisory Board. I will be retiring from the Collier County Sheriff's Office after 29 years
of service to the citizen's of Collier County and will no longer be able to serve on the
Board. I would like to take this opportunity to thank. you and the Board members whom I
have served with over the past year. I have enjoyed working with a group of people who
are truly dedicated to helping those around them.
I have advised my chain of command as to the Citizen's Corps vacancy that will be left
when I retire; and I assure you that they will present you with a candidate that will best
serve theBoard and the community. If! can be of any further assistance, please feel free
to contact me.
Once again, thank you for the opportunity to work with such a dedicated and
distinguished group.
Sincerely,
tJ ~ C{. R.uJ-
Nancy Re~ Lieutenant
cc: Don Hunter, Sheriff
"The duty of the Collier County Sheriff's Office is to prese"'" and protect lIi
the lives, property and constitutional guarantees of all persons."
Agenda Item NO.1 OA
December 12, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Professional Service Agreement No. 06-4000 for
engineering and permitting services to be provided by CH2MHill, for the design of
Vanderbilt Beach Road Extension to be constructed from Collier Boulevard to
Desoto Boulevard, Project #60168, in the amount of $5,650,000.
OBJECTIVE: To obtain approval of negotiated Service Agreement No. 06-4000 with
CH2MHill for the design of Vanderbilt Beach Road Extension to be constructed from
Collier Boulevard to Desoto Boulevard.
CONSIDERATIONS: On April 17, 2006 the BCC approved the alignment of this new
roadway which is planned to improve access to Golden Gate Estates.
Staff solicited proposals from qualified consultants through a Request for Proposal
process (RFP #06-4000) posted on May 31, 2006, in accordance with Florida State
Statute 287.055, Consultant Competitive Negotiation Act. On August 17, 2006, four (4)
proposals were received. The selection committee rated and ranked the proposals and
short listed the top three firms. The short listed firms were:
.-
1. CH2MHill
2. PBS&J
3. American Consulting Engineers
Staff then met with the top ranked firm and successfully negotiated a fair and reasonable
contract for engineering, design and permitting services.
FISCAL IMPACT: Funds in the amount of $ 5,650,000 are available in Road Impact
Fees District 2 and Road Impact Fees District 6. Source of funds are Road Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
contract and authorize the Chairman to sign the County Attorney approved Agreement
for Professional Services.
Prepared by: Kevin H. Dugan, Project Manager, Transportation Engineering &
Construction Management Department, Transportation Division
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No lOA
December 12. 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendalion to approve Professional Service Agreement No 06-4000 for engineering
and permitting services to be provided by CH2MHill, for the design of Vanderbilt Beach Road
Extension to be constructed from Collier Boulevard to Des010 Boulevard. Project #60168 in
the amount of $5,650,000, (Norman Feder, Administrator, Transportation Services)
12/12/200690000 AM
Date
Prepared By
Kevin H. Dugan
Transportation Services
Project Manager
Transportation Engineering and
Construction
11/27/20062:15:40 PM
Date
Approved By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
11/27/20062:42 PM
Lisa Taylor
M anagement!Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
11/281200610:37 AM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
11/29/20068:41 AM
Rhonda Rembert
Contract Specialist
Date
App roved By
Administrative Services
Purchasing
11/29/20063:49 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Admi nistrativc Services
Purcllaslng
11130/200611 :04 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
11130/2006 3 :40 PM
Norm E. Feder. AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
11130120063:52 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
11130120064:01 PM
OMB Coordinator
Administrative Assistant
Dilte
Approved By
County Manager's Office
Office of Management & Budget
12111200612:49 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Man,lgement & Budget
12/1120062:29 PM
Michael Smykowski
Management & Blldget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
12/412006 9: 29 AM
Approved By
James V. Mudd
Board of County
Commissioners
Count~' Manager
Date
County Manager's Office
12/5/2006 a: 12 PM
SCHEDULE B
ATTACHMENT A
Agenda Item No.1 OA
December 12, 2006
Page 3 of 10
BASIS OF COMPENSATION
1. TASK 1- 30% SUBMITTAL - Proiect No.1. Collier to Wilson
Project General Tasks
Roadway Analysis and Reports
Roadway Plans
Drainage Analysis
Data Collection and Coordination
Permits
Bridge Hydraulics Report
Bridge Development Report
Survey and Mapping
Geotechnical
Archaeological
Task I - Lump Sum: $1,170,200.00
2. TASK II - 60% SUBMITTAL - Proiect No.1. Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Survey, ROW Plans, Sketch and Descriptions
Geotechnical
Noise Analysis
Task II - Lump Sum: $1,051,400.00
A
3. TASK 11I- 90% SUBMITTAL - Proiect No.1, Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Task III - Lump Sum: $532,000.00
4. TASK IV -100% SUBMITTAL - Proiect No.1. Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Specifications
Task IV - Lump Sum: $239,600.00
Agenda Item NO.1 OA
December 12, 2006
Page 4 of 10
B
Agenda Item No.1 OA
December 12, 2006
Page 5 of 10
5. TASK V - POST DESIGN SERVICES - Proiect No.1. Collier to Wilson
1. Bidding Services
Participate in Pre-Bid Meetings
Respond to bidder inquiries (if necessary)
$1,500.00
2. Construction Services
Participate in Construction Meetings
Participate in Field Reviews
Respond to Requests for Information (RFI)
Evaluate Proposed Revisions
Review Shop Drawings
Coordinate with Adjacent Development
Revise Plan Drawings
SFWMD Certification
$101,500.00
3. Expenses
Copies
Mailing, shipping and delivery
$1,000.00
Task V - Time and Materials:
$104,000.00
6. TASK VI - 30% SUBMITTAL. Proiect No.2. Wilson to Desoto
Project General Tasks
Roadway Analysis and Reports
Roadway Plans
Drainage Analysis
Data Collection and Coordination
Permits
Bridge Hydraulics Report
Bridge Development Report
Survey and Mapping
Geotechnical
Archaeological
Task VI - Lump Sum: $957,400.00
c
7. TASK VII- 60% SUBMITTAL. Proiect No.2, Wilson to Desoto
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Survey, ROW Plans, Sketch and Descriptions
Geotechnical
Noise Analysis
Task VII - Lump Sum: $860,200.00
8. TASK VIII- 90% SUBMITTAL. Proiect No.2, Wilson to Desoto
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Task VIII - Lump Sum: $435,200.00
Agenda Item NO.1 OA
December 12, 2006
Page 6 of 10
D
Agenda Item No.1 OA
December 12, 2006
Page 7 of 10
9. TASK IX -100% SUBMITTAL - Proiect No.2. Wilson to Desoto
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Specifications
Task IX - Lump Sum: $196,000.00
1 O. TASK X - POST DESIGN SERVICES - Proiect No.2. Wilson to Desoto
1. Bidding Services
Participate in Pre-Bid Meetings
Respond to bidder inquiries (if necessary)
$1,500.00
2. Construction Services
Participate in Construction Meetings
Participate in Field Reviews
Respond to Requests for Information (RFI)
Evaluate Proposed Revisions
Review Shop Drawings
Coordinate with Adjacent Development
Revise Plan Drawings
SFWMD Certification
$101,500.00
3. Expenses
Copies
Mailing, shipping and delivery
$1,000.00
Task X - Time and Materials:
$104,000.00
Total Lump Sum Cost:
$5,442,000.00
$208.000.00
$5,650,000.00
Total Time and Materials Cost:
Total Project Cost:
E
SCHEDULE B
ATTACHMENT B
Agenda Item No. 10A
December 12, 2006
Page 8 of 10
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE (2007- 2008)
Principal
Chief Engineer/Senior PM
Project Manager
Lead Engineer/Scientist
Project Engineer
Senior Designer
Senior Technician/Biologist
Engineer
Technician
Administrative Assistant
Clerical
END OF SCHEDULE B.
PSA
$180.00
$160.00
$140.00
$130.00
$115.00
$115.00
$90.00
$85.00
$70.00
$55.00
$48.00
F-l
Agenda Item NO.1 OA
December 12, 2006
Page 9 of 10
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
Proiect No.1. Collier to Wilson
1. TASK 1- 30% SUBMITTAL: 210 Days
2. TASK II - 60% SUBMITTAL: 360 Days
3. TASK 111- 90% SUBMITTAL: 570 Days
4. TASK IV -100% SUBMITTAL: 720 Days
5. TASK V - POST DESIGN SERVICES - Proiect NO.1: TBD*
Proiect No.2. Wilson to Desoto
6. TASK VI- 30% SUBMITTAL: 210 Days
7. TASK VII - 60% SUBMITTAL: 360 Days
8. TASK VIII- 90% SUBMITTAL: 570 Days
9. TASK IX-100% SUBMITTAL: 720 Days
1 O. TASK X - POST DESIGN SERVICES - Proiect No.2: TBD*
* Construction Schedule will be based on date of Bid Letting and is assumed to be
approximately 3 years for each project.
PSA
F-2
Agenda Item No. 10A
December 12, 2006
Page 10 of 10
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Jeff Oestreich 60%
Jason Mosely 60%
Dan Kushnar 35%
Asfaq Khan 35%
Randy Mason 30%
Sem Etienne 30%
Carolina Matiz 25%
Frank Scerbo 25%
Wayne Hartt 25%
Irene Nath 25%
Randy Mock 20%
Bushan Godbole 20%
Paul Hahn 20%
Kevin Heldorfer 20%
Jason Harkless 20%
Kathy Fernandez 20%
Gerry Delrio 20%
Ronna Edwards 20%
Suzanne Chason 20%
Sachin Menon 20%
Adam Ahmad 20%
William Gramer 20%
Gavin Jones 10%
Pramod Choudhary 10%
Niel Postlewait 10%
Tunch Orsoy 5%
Angela Gable 5%
Scott Bear 2%
Robert Hunt 2%
Bill Beddow 2%
PSA F-3
Agenda Item No.1 OB
December 12, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept the Annual Report on
the activities related to the Job Creation Investment Program, the Advanced Broadband
Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee
Payment Assistance Program.
OBJECTIVE: To have the Board of County Commissioners (BCe) accept this Annual Report
which provides the current status of previously approved Economic Incentive Programs related
to the following: Job Creation Investment Program, the Advanced Broadband Infrastructure
Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance
Program.
CONSIDERATIONS: On November 18, 2003, the BCC adopted Ordinance No. 2003-59,
which is Code of Laws Chapter 49, Article V, establishing the Advanced Broadband
Infrastructure Investment Program; Ordinance No. 2003-60, which is Code of Laws Chapter 49,
Article III, establishing the Job Creation Investment Program; Ordinance No. 2003-61, which is
Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program; and
Ordinance No. 2003-62, which is Code of Laws Chapter 49, Article IV, establishing the
Property Tax Stimulus Program. The programs are available to targeted 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 and
to diversify the economy. 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.
The BCC has reviewed and approved each of the individual applications for the above mentioned
programs as agenda items at regular meetings of the BCC. Several applications approved by the
BCC have been cancelled due to the withdrawal of the projects by the applicants and are not
shown in this executive summary.
FISCAL IMPACT: Table I provides a complete listing of all incentives at this time. The only
incentive to actually have payouts is the Fee Payment Assistance Program. Other applicants are
under review by this office for compliance with the Job Creation and Broadband incentives and
disbursements will occur once the audit is completed and the applicant is determined to be in
compliance with the requirements of the ordinances.
-
The highlights of Table I show that the BCC has approved incentives totaling $4.7M, generating
capital investments of $68.5M and creating 584 jobs with an annual payroll of $25M and an
average wage of $42.9K. The approved capital investments are expected to generate an
additional $300K per year in ad valorem revenue. Assuming the new jobs produce 150 new
homeowners who purchase homes valued at $300K, an additional $200K per year in ad valorem
taxes will be created, for a total incremental ad valorem of $500K per year. At this rate, the
General Fund incentives of $4.7M will be repaid in approximately 9.5 years. This thesis is very
favorable, even without considering the other positive fmancial consequences to Collier County
of $25M per year in additional payroll.
Agenda Item NO.1 OB
December 12, 2006
Page 2 of 6
Table II shows the projected yearly financial payout of the approved incentives, with the total
column to the bottom right displaying the same $4.7M in total incentives as indicated in Table 1.
This annual projection assumes there will be no delays and that the expenditures will be as
currently projected, which is a conservative assumption.
The three largest numbers in Table II are for Impact Fee Assistance and all three are projected to
occur this fiscal year. Those three include Mobile Internet Technology (Naples Nissan) for
$261K., Anchor Health Centers for $347K (already paid), and C-Tech Manufacturing for $1.1M.
If these expenditures do occur this FY along with all the other incentives, staff will have to ask
the BCC to approve the expenditures in excess of budget as they occur.
Experience has shown that delays do inevitably occur and that unanticipated applicants do make
requests for incentives. It is appropriate to also remind the BCC that the Naples Daily News is
likely to make an application for incentives, which is expected to be very large monetarily.
The four Economic Incentives contain provisions to sunset on October 1, 2008 unless extended
by the BCC in sufficient time to be included in the FY09 budget.
The funding for the economic incentives has been budgeted, as directed by the Board of County
Commissioners, through the County Manager. Although the initial applications for participation
in the programs have been approved, incentive awards will not be dispersed until the program
requirements have been met, as set forth in Chapter 49 of the Collier County Code of Laws and
Ordinances, and an agreement between Collier County and the participating company is
executed and recorded in the Official Records of Collier County. The actual award may never
exceed the maximum award that is calculated based on the program provisions set forth in the
Code of Laws and the annual fiscal impact of these programs is limited by the availability of
funding from the General Fund. All expenditures require complete supporting documentation
and are subject to annual audits by staff
GROWTH MANAGEMENT IMPACT: The Economic Incentive programs are 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 applications for the projects above have previously been
determined to meet the applicable program requirements set forth by Chapter 49 of the Collier
County Code of Laws and Ordinances, as a Targeted Industry expanding within Collier County.
RECOMMENDATION: That the BCC accept this Annual Report related to the Job Creation
Investment Program, the Advanced Broadband Infrastructure Investment Program, the Property
Tax Stimulus Program, and the Fee Payment Assistance Program for the incentive period
through November 28, 2006.
Prepared by: Denton Baker, Director, CDES
-
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10B
December 12, 2006
Page 3 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
This item to be heard at 4:00 p,m. December 12, 2006, Recommendation that the Board of
County CommissiDners accept the Annual Report on the activities related to the Jab Creation
Investment Program, the Advanced Broadband Infrastructure Investment Program, the
Property Tax Stimulus Program, and the Fee Payment AssIStance Program, (Joseph K
Schmitt Administrator, Community Development and Environmental Services)
12112120069:0000 AM
Date
Prepared By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Financial Admin. & Housing
11121120061:13:55 PM
Date
App roved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/22120062:16 PM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11122120062:49 PM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Cammulllty Development &
Environmental ServIces Admin.
1112812006 12:06 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
1112912006 1 :03 PM
Michael Smykowski
Date
Approved By
CQunt~l Manager's Office
Management & Budget Director
Office of Management & Budget
11130120069:56 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11130120066:59 PM
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Agenda Item NO.1 OC
December 12, 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 thirty (30) days from
permitting; the home will be complete with all electrical wiring, plumbing lines and fixtures,
HV AC 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 108% of the county's 2004 private sector average 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 created jobs consist of the following categories:
· 40 executive, sales and administrative positions rangmg from $29,000 to
$300,000.
· 160 production positions including laborers, skilled positions such as masons and
carpenters, and foremen earning between $20 to $37 per hour. These hourly rates
translate into a low of $41,600 per year to a high of $76,900 per year.
It is also important to note that all of these positions will receive benefits costing the company
approximately $3,700 per each employee.
Agenda Item NO.1 OC
December 12, 2006
Page 2 of 16
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
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
Agenda Item NO.1 OC
December 12, 2006
Page 3 of 16
~,,,....,..,,,
will require approval by the BCC along with a budget amendment approving the additional
budget.
Fee Pavment 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
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 fi'om 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 consider all four incentives as one budget pool for all four of
the Economic Incentives.
,-'
Prepared by: Denton Baker, Director, Operations Support and Housing, CDES
Agenda Item NO.1 OC
December 12, 2006
Page 4 of 16
c::;..o~-y c::;..o-...... .....t.y
-- ----- ~ -
ECONOMIC DEVELOPMENT COUNCIL
---------- of Collier County, Florida
C;rovving Creat Ideas
Economic Stimulus Program Recommendation Form
for
C- Tech Manufacturing Florida, LLC
1. Economic Stimulus Programs:
D Broadband Infrastructure Investment
xD Fast Track Permitting
xD Fee Payment Assistance OR xD Property Tax Stimulus Subiect to Availability of Funds
xD Job Creation
D Local Match for QTI
2. Collier County's company location:
D High Impact Area
D Eastern Collier County
x[]Immokalee Enterprise
Community
3. Project qualifications:
Number of cunent Collier County employees:
Number of new jobs resulting from project:
Total retained and new jobs:
A vg. Wage:
A vg. Wage:
A vg. Wage:
$ 0.00
$37.000.00
$37000.00
o
200
200
Agenda Item No.1 OC
December 12, 2006
Page 5 of 16
4. Schedule of incentive funds requested (by Colliel. County fiscal year):
2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 Total
Total $1,146,668 $0 $125,000 $200,000 $200,000
*Paid over 10 /15 years per ordinance.
5. Multipliers:
NAICS Code: 327390_
Earnings Multiplier: _1.5608
Employment Multiplier: _1.6006
Job Creation
Phase I
Phase "
Ph~se III
125,000
125,000
75,000
o
Fee Payment Assistance
gB
*PropertyTax
Stimulus 1 ,146,668
Broadband
o
o
o
Road Fund
QTI Match
o
o
CDBG
Economic Development Council of Collier County Recommendation
Prepared by:
f> . f' \..'i11 ( r
')l, . J '! C
/ifJ 6./L > - J I I '1(/101'lf2--z/
Ec~.Iomic Development D~partment
Approved:
\ () -/1,\ /1 ( i- ,
/\ Fl./) \..._ k....._ ! I . (/111,/1 \..k'. ',,---)
{ I ( I
Eco~pmic Development Department
Approved:
~.vru:-e-<j. /
Effective December 2005
Page 2 of 12
~f~~r <::;O"4ln."L~Y
.....~':~:,.".,,;"',.,""'o;r~..- $..'&r-.. ~;''''''''''7r',-'"'''''' ,- "';\'!f'~:>'N'JOl""-<:;~J1:',, _,_".,_,?"",~."",""'" ~"'~~"-'-""':"'~-"'~."'''''....o-.-
125,000
75,000
o
75,000
o
$375,000
$225,000
$0
$1,146,668
$0
$0
o
$0
$0
$75,000
$1,746,668
iJ~('7
Date
911
! I ( j(yy/
Date
Cfll~ \</
le-/-
. fli/L/-'
Client Approved L.- (initials)
-., ,~,,,
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~11('
fcor-:o,'vtrc DfVHOPM[-Nl COtmCl~
- I;lf ColliE" Coumy. florid:
(':ro~-'\ -inc C;,., ,,-] i Jefr.'r75
Agenda Item NO.1 OC
December 12, 2006
Page 6 of 16
COLLIER COUNTY
ECONOMIC STIMULUS PROGRAM
ApPLICATION
for
Expanding or New Businesses
c- TpC'h M annf~('tnring Florin~, 1,1 ,(;
Name of Business
Florida Tradeport Manufacturing Plant
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
(2.39) 263-8989 e FAX (239) 263-6021
www.eNaplesFlorida.cOln
.e[)c.offl~ialuse: ,
'L~t10n:' [~J
'~-" 0
,
.' ...... .-- ,.... .,' "..', ',...., ,", ,'" ".-.." -.>',
1~J1Io~inee~nt4JrPrls~,commurilty "
Eastem Colliet :County ·
::_"-"-'-', ._.:.... ':,." ......-.,... c.-.. .
, _-',:::.",.".'....::...i._,..-.'''-..''.-:__ .
'-.-,'-::"::...-'-<'.-'...- ,-:-:-::
o . , High I~pict Area
Effective December 2005
Page 3 of 12
-k ,//
" . J }//
Client Approved L/~' (initials)
c::;.o~-~t:'.y
:;1 "
ECQj.;'QM1C DEVELOPMENT C'OU~Cll
..____ -< uf Colli",r ClJlmt\', F1orlrl~
("~JnH:1I11..? Crent idC'tlS
Agenda Item NO.1 OC
December 12, 2006
Page 7 of 16
Client Identification
1. a) Name of Business Unit: C- Tech ManufacturinQ Florida, LLC
b) Mailing Address: 4532 Tamiami Trail E, Suite 101 Naples, Florida 34112
c) Name of Parent Company (if applicable): NA
d) Primary business unit contact:
Name: Ralph Carter Title: President
Company: C-Tech ManufacturinQ Florida, LLC
Address: 4532 Tamiami Trail E. Suite 101 Naples. Florida 34112
Phone: nQ-7Q1-470? Fax' nq-774-7717
Email: recarter@ftcnaples.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' NFW
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:
DYES
~ 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):
[29 a new business unit to Collier County
o an expansion of an existing Collier County business unit
b) If an expansion, how many employees are currently working in the expanding
business unit 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
~-..... .",
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<::::;.0&4. 'Mt"!:'J."
fCONOMIC OEVELOP:,~fNT COU.'-'OL
.--.-"-- o{C"Ii;E'1 COllnty. FIOIidi!
(;'l)\,,"j,'1fl C,paf' Ide~l~
Agenda Item No. 10C
December 12, 2006
Page 8 of 16
5. Provide a full project description: Pre- Engineered factory built construction of homes,
commercial, industrial building and other uses
6. Please check the box that best defines your project. Answer a} AND b}, if applicable:
a} 0 Multi-state business enterprise b) 0 Regional headquarters office
~ Multi-national business enterprise 0 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 County: 65 %
outside of Florida: 0 %
8. Project employment and wages:
a} Has the applicant ever participated in an EDC-assisted program? 0 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? 0 YES [!] NO
If YES, how many and from where?
e) AnticiDated 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
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 Date by which those jobs
Phase equivalent Collier County jobs
created in business unit will be created
I 125 12/31/08
II 75 12/31/09
III 12/31/
TOTAL 2 (H) ",': .', i'e.'. ", . '....
,".... ,.".
Effective December 2005
Page 5 of 12
~
j -l- f-//
Client Approved -t~ ~. (initials)
",--....., - ,_~.f~":' f-...... --
~ ~=!: ~1!.4il'''1:.ty
=...-,...,._,..,., "i_",'~"'V_C~"""~__"'l<'_'C_ ""'~J:t,,;;, '_H'J.yA"._' . '''',w.__~;.-~~--< '.>N_';.;.,..,."'..,.i.'....'."..,."',.I'.'.... ..'-.,-'~<~"i"'_o~'."."..,.,,'
)" ~ . ~'-', :;: ,
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fCOl'.'OMlC DEVHOPMENT COU."ICll
01 Co\i;l'rCOl',1t)., Florida
(Ji,g\ IlIe ere,!! !(fed'.
9. a) Describe the capital investment in real and personal property:
(examples: construction of new facility; remodeling of facility; upgrading,
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 Le. hydraulic presses, drill presses, cement mixers,
tools etc $7,320,000.00
Agenda Item NO.1 DC
December 12, 2006
Page 9 of 16
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 $2,068,000.00 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 slf
10. Anticipated date of beginning of construction for this project: Mav 2007
11. Anticipated date project will be in operation: Januarv 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:_FloridaTradeport,
Immokalee, FL
c) Type of Project (circle one): Rezone Plat SOP Other _PUD
Owner/Developer Name: _Collier County Airport Authority
d) OwnerfDeveloper Telephone Number: _239-642-7878
Located on Brownfield Site or in a Brownfield Area? 0 YES
(If YES, please attach a copy of the official document that designated this area as a Brownfield area.)
~NO
e) Will project be locating or expanding in an Enterprise Zone? ~ES
If YES, which Zone: ~ Immokalee 0 Everglades City
DNO
f) Architectural Firm: _T.B.D.
Contact:
Phone:
Email:
Fax:
Effective December 2005 Page 6 of 12
Client Approved 1) /~ ,\..//(initiaIS)
<:::;.o"J~'1f~~ 1::.;,:))'
KO/\'OI\.1IC D!VElOPMWT cQU;....G;
( ; I:' )'. ~ ! I ;~r:: (ti~~~~;:n}l~r~:;~:
Agenda Item No. 1 DC
December 12, 2006
Page 10 of 16
g} Engineering Firm: U.R.S
Contact: Andres Gutierrez P.E.
Phone: _305-262-7466
Emai1: _andres-gutierrez@urscorp.com
Fax: 305-261-4017
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 sooncr 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 fiiendly. 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 us 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.
r, Ralph Carter have been long standing member of the community for over 40 years with a focus in the
[mancial 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.
Effective December 2005
Page 7 of 12
Client Approved
c:;.OlN;;'T c;.O~"H-t:.y
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!
"
-
/,
ECONOMIC DEV[lOPM[,N[ COllNOl
---.--_____ oi Collier COllIII)'. florica
Clu\yinc C~If:..\li h/("l-L1S
Agenda Item No.1 OC
December 12, 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) I agree to allow the Economic Development Council of Collier County perform a
Company and/or Personal Background Check.
DYES
~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 YES, we Request Confidentiality
NO, we do not Request Confidentiality
Effective December 2005
Page 8 of 12
Client Approved
E.CQNOMICOF.VElOP".\fN1 COl!'I(I(
- . of Coliier (Gmt)', Florid;;
Cn.l\ \'inp (~reat h.":\L~
Agenda Item No. 10C
December 12, 2006
Page 12 of 16
Attachment A: Roles & Responsibilities
G
IR
'bTf ma va from ro'ect to ro'ect.
. ..
Owner/Developer Applicant
--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
necessa and ossible
--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
. "Collier County Community
EconomIc Development CouncIl D 1 t dE' t I
f C II" C t eve opmen an nVlronmen a
o 0 Ier oun Y S'D' " .
ervlces IVISlon
-.Attract and qualify businesses under the
Fast Track program
.-Contact the Special Projects Manager as
soon as a company is qualified.
--Attend the pre.application meeting.
--Maintain consistent contact with Special
Projects Manager to ensure timeframes are
being met.
--Monthly review status of projects,
particularly those with issues or potential
issues
.-Attend meeting after 3rd rejection, if
necessary
--Copy all vested parties with
correspondence.
--Assign Special Projects Manager
. Assist EDC with site selection.
. Organize pre.app meeting
. Lead project Team
. Handle dispute resolution by
involving appropriate decision
makers
. Shepard projects through the
process from start to finish/manage
project plan
. Main point of contact for EOC,
applicant and owner
. Prepare monthly status
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
<~o-w..Jr"..t'.~y
Page 10 of 12
11 "'t, (/~itiaIS)
Client Approved
11ft""
ECO:-"'OMIC mVFlOPMfNT COlr.-:(lL
-'-.- -'. of Collier (oum\', Florid'll
CroHti!w C-:renf !r../1~~l'i
Agenda Item NO.1 DC
December 12, 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
Anticipated Delay and related information
Requires re-zoning
Site in existing PUD
Site contains wetlands
Site requires an Environmental
Impact Statement
LOC amendment required
Permits from outside agency
Utilities issues?
Other?
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
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Agenda Item NO.1 OC
December 12, 2006
Page 14of16
Attachment C: Proposed Timeline
(to be completed at pre-application meeting)
Task Responsible Target date
Pro'ect team
Applicant
Day 1
Day 30
Da 45
Day 65
Pre-applicatIon meeting
Special Projects
Mana er
Applicant
Pro'ect Team
15 business da s
ermits
We, the undersigned, fully accept our roles and responsibilities in this project and have offered all
information in good faith and in an attempt to be thorough. We recognize that new information may be
presented as the project moves through the review phases. We also recognize that until the review
process begins it is not reasonable to identify every possible issue with a project. As any new material
information is identified that may cause a change to this plan in any way, the Special Projects Manager is
to be contacted to coordinate as needed,
Owner/Developer Name:
Date
Applicant Name:
Date
EDC Representative:
Date
Collier County Special Projects
Manager Name:
Date
Effective December 2005
Page 12 of 12
Client Approved
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Agenda Item No.1 DC
December 12, 2006
Page 15 of 16
Application Completed By:
L~
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(Signature)
r-J ~'.
1'} ALp rl E-l CA ~T~7(L
(Print or Type Name)
I !Z-E-:;, I!) (;f ....1
(Print or Type Title)
R~~
To the best of my knowledge, the
information included in this application is
accu~~
r;jignature of Authorized Officer)
i-A uL /2, ;2'>JC'AUM 0-
(Print or Type Name of Authorized Officer)
C. f:, D ~ CkAuQ. M AA...J
(Print or Type Title of Authorized Officer)
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(Company)
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(Company)
)- 31 - 1? 3- 6 -4 I 8
(Phone Number)
},,:>r - 11.3- ()41 e
(Phone Number)
2-39- 7c;3- 3))..c,~
(Fax Number)
~_E(/{ ,1-Tc,Q. @.. r.::TC~JI'l-- p{c.~> Con
(E-mail Address) ,
)/ 3 q - 7 f 3 - 3- J-- ?-- C::>
(Fax Number)
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(E-mail Address)
f ..-11- {JL,.
(Date)
q"-I/-6t~
(Date)
(Contact Person, if different)
(E-mail Address, if different)
(Address, if different)
(Phone Number, if different)
Effective December 2005
Page 9 of 12
CUeot Appro,.d -/l~;o"al')
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Item Number:
Item Summary:
MeetIng Date:
Agenda Item No, 10C
December 12, 2006
Page 16 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
This item to be heard following Item 1 OB, This item was continued from the November 28.
2006 BCC meeting, Recommendation to approve the applicalion by C-Tech Manufacturing
Florida, LLC tor the Job Creation \nv8stment Program and the Fee Payment Assistance
Program and to consider all four Economic Incentives as one budget (Joseph K. Schmitt,
Administrator, Community Development)
12/12/2006900'00 AM
Financial Admin & Housing Director
Date
Prepared By
Denton Baker
Community Development &
EnlJironmental Services
Financial Admin. & Hous.ing
1113/20064:18:11 PM
Constance A, Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/912000 9:12 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
121512006 1 :55 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1215120063:34 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1215120065:01 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
1215/2000 7:01 PM
,-'
EXECUTIVE SUMMARY
Agenda Item No. 10D
December 12, 2006
Page 1 of 18
Recommendation to approve a Developer Contribution Agreement (DCA) between
Cameron Partners, LLC and Collier County to obtain right-of-way for the future
expansion of the intersection of Immokalee Road and Collier Boulevard.
OBJECTIVE: To obtain BCC approval of the DCA to acquire right-of-way for the
expansion of the intersection of Immokalee Road and Collier Boulevard. This agreement
would be in accordance with the overall objectives of the Collier County MPO 2030
Long Range Transportation Plan adopted on January 12, 2006, which identifies this as a
critical intersection.
,,-
CONSIDERATIONS: As stated in Objective 3 of the Transportation Element within
the Growth Management Plan, the County shall provide for the protection and acquisition
of existing and future right-of-ways. The intersection of Immokalee Road and Collier
Boulevard has been identified as 'a critical intersection in the LRTP and the CR-951
Extension PD&E Study. The acquisition is also supported by Chapter 337.273 of the
Florida Statutes. The 2030 Financially Feasible Plan is projecting that the costs to
improve this as a grade separated intersection would be approximately $45,000,000 with
right-of-way anticipated at $7,000,000 (2005 Dollars). Upon reviewing the proposed
development, staff recognized that the development would conflict with the future
expansion of this critical intersection. The intersection was conceptually designed to
accommodate the future potential overpass as shown on the "PROPOSED OVERPASS"
exhibit. The developer has agreed with staff that it would be beneficial to the County and
the developer to address the future right-of-way needs prior to the actual development of
this site. This agreement secures the right-of-way in today's dollars and significantly
eliminates the potential for damages to the subject parcel. The County has secured two
appraisals for the subject right-of-way and the value identified in the appraisal memo
attached is consistent with this agreement. The developer has agreed to convey the right-
of-way in exchange for impact fee credits in the amount of $2,506,746 consistent with
section 74-205 in the code of laws.
FISCAL IMP ACT: The agreement would allow for an impact fee credit in the amount
of $2,506,746. The anticipated savings for the county is equal to the value of the land at
the time it would be acquired, legal fees and the cost of damages to the site. Staff believes
there is a significant savings to the county in acquiring the property in advance. This
Road Impact Fee credit shall be established in Road Impact Fee District 6.
GROWTH MANAGEMENT: This Developer's Contribution Agreement would be
consistent with the goals and objectives of the Collier County MPO 2030 Long Range
Transportation Plan adopted January 12, 2006, (incorporated into the Collier County
Growth Management Plan), and the Transportation Element of the GMP.
RECOMMENDATION: That the Board of Commissioners approves this DCA between
Cameron Partners, LLC and Collier County to obtain the right-of-way.
--
Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division
Attachments: 1) The Developer Contribution Agreement; 2) Appraisal Memo; 3)
Proposed Overpass Sketch; 4) Exhibit A; 5)Exhibits "B 1 & B2"; 6) Exhibit "C"; 7)
Exhibit "D";8) Exhibit "E"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10D
December 12, 2006
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Recommendation to approve a Developer Contribution Agreement (DCA) between Cameron
Partners, LLC and Collier County to obtain ngl't-of-way for the future expansion of lI,e
Intersection of Immokalee Road and Collier Boulevard (Nick CasalangUlda, Transportation
Planning Department)
12/12/20069,0000 AM
Date
Approved By
Nick Casalanguida
Project Manager
Transportation Planning
11122/2006 7: 54 AM
App roved By
Date
Transportation Services
Paula Fleishman
Community Development &
Environmental Sen/ices
Impact Fee Analyst
Financial Admin. & Housing
11122120069:39 AM
Approved By
Date
""ff Ktatzkow
Assistant County Attorney
Approved By
County Attorney Office
11122120069:49 AM
County Attorney
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Davelopment &
Environmental Services Admin.
11127120068:44 PM
Approved By
Right Of Way Acquisition Manager
Date
Kevin HendriCKS
TEeM-ROW
11/281200611:12 AM
Approved By
Transportation Division Administrator
Da.te
Transportation Services
Norm E. Feder, AICP
Transport~tion Se.rvices Admin.
11/281200611:17 AM
Approved By
Date
Transportation Services
Sharon Newman
Accounting Supervisor
Transportation Services Admin
1112012006 2:44 PM
Transportation Services
Transportation Planning Director
Date
Approved By
Donald L Scott
TranspoTiatton Planning
11/29120065:05 PM
Approved By
Date
Transportation Services
Pat Lehnhard
Executive Secretary
Transportation Services Admin
11/30120068:57 AM
Transportation Services
Date
Approved By
OMB Coordinator
Administrative Assistant
Office of Management & Budget
11/30120069:01 AM
Approved By
Senior Management/Budget Analyst
Oilte
County Manager's Office
Susan Usher
Office of Management & Budget
12/112006 1 :57 PM
Approved By
Date
County Manager's Office
Michael Smykowr.ki
County Manager's Office
Management & Budget Director
Office of Management & Budget
12/412006 2:30 PM
Approved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1215/20067:45 PM
Agenda Item No.1 OD
December 12, 2006
Page 3 of 18
PROPOSED OVERPASS
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Agenda Item No. 10D
December 12, 2006
Page 4 of 18
-
Memorandum
To:
Nick Casalanguida, Planning Manager
From:
Harry Henderson, SRA, Review Appraiser
TE/CM, Right of Way
Date:
November 22, 2006
Subject:
Heritage Bay Commons DCA
Collier County is in the process of acquiring 2.62 acres of land for future Right-of-Way
needs near the intersection of Immokalee Road and Collier Boulevard. The land being
acquired is part of the Heritage Bay Commons commercial development (Heritage Bay
DRI).
Cameron Partners, LLC is the current owner of the parent tracts of which the land to be
acquired is a part of. Our department has had informal negotiations with Tom Carollo
who is a representative of Cameron Partners. We have a verbal agreement with Mr.
Carollo to purchase the 2.62 acres in question at a price of $22/sf ($2,510,000
rounded) to be paid as Impact Fee Credits. This price was based upon in-house
research regarding current pricing for commercial lands in this area.
As per Florida Statute, we are required to substantiate any real estate purchase of this
magnitude with two independent appraisals. To this end the County hired Anderson &
Carr Associates and Coastal Appraisal to appraise the subject lands. Anderson and
Carr concluded to a unit price of $20/sf ($2,283,000 rounded) while Coastal Appraisal
valued the land at $23/sf ($2,600,000 rounded). Both appraisals meet/exceed USPAP
requirements (Uniform Standards of Professional Appraisal Practice) and both
appraisals reflect value conclusions which appear to be reasonable and adequately
supported by market data. The difference in value conclusion is within the
normal/acceptable range one would expect for property of this type given the subjective
nature of real estate pricing.
It is my recommendation that we proceed with this DCA at the price and terms
negotiated with Tom Carollo. This negotiated price is well supported by the independent
appraisals cited above.
Transportation Division TE/CM
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Township '4.S' South ,'R~ulge" 26 East,
Collier County, Florida
A parcel of land being a portion of Tracts J, A, and K, Heritage Bay Commons, Section 23, Township 48
South, Range 26 East, Collier County, Florida, being more particularly described as follows:
Beginning at the Southwest corner Tract "J" Heritage Bay Commons, Plat Book 43, Pages 46 through 54,
Collier County, Florida; thence N.00050'35"W., along the Westerly line of said Tract "J", also being the
Easterly Right-of-Way of Collier Boulevard Tract "R-4", Heritage Bay Commons, a distance of 150.00 feet;
thence S.85038'12"E., leaving said Right-of-Way Collier Boulevard, a distance of 528.79 feet to a point on
the Easterly line of said Tract "J", also being the Westerly line of Tract "A", Heritage Bay Commons;
thence S.83032'10"E., leaving said Westerly line of Tract "An, a distance of 314.53 feet to a point on the
Easterly line of said Tract "A", also being the Westerly line of Tract "K", Heritage Bay Commons; thence
continue S.83032'10"E., leaving said Westerly line of Tract "K", a distance of 290.98 feet to a point on the
Easterly line of said Tract ilK", also being the Westerly Right-of-Way of Goodland Bay Drive Tract "R-2",
Heritage Bay Commons, and a point on a curve; thence along said Right-of-Way of Goodland Bay Drive
and the arc of a non tangent curve concave to the West, having for its elements a radius of 182.00 feet, a
central angle of 13036'21", a chord of 43.12 feet, a chord bearing of S.12023'28"W., an arc distance of
43.22 feet to a point on the Northerly Right-of-Way of a 100 foot canal, Official Records Book 10, Page
390; thence N.89058'23'W., along said Northerly Right-of-Way of 100 foot canal, a distance of 1,117 .46
feet to the Point of Beginning.
Containing 2.62 acres, more or less.
Subject to easements, restrictions, reservations and rights-of-way of record.
Bearings are based on the South line of Tracts J, A, & K, Heritage Bay Commons, Plat Book 43, Pages 46
through 54, Collier County, Florida as being N.89058'23'W.
Mav 31. 2006
Date
Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper
P.I.N.: N0442-700-000
Ref.: 0-0442-208
Date: May 31, 2006
Exhibit "B"
Page 1 of 2
Offices strategically located to serve our clients 800.649.4336
fori Myers Office 4577 Colonial Boulevard. Fort Myers, Florida 33966. 239.939.1020. Fax 239.939.3412
wilsonmiller.com
S/31f2000. 44471 Ver 011- GaR-OWN
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Page 8 of 18
PROJECT NAME:
PARCEL NOlS):
PARENT TRACT FOliO NO.
WARRANTY DEED
THIS WARRANTY DEED made this_ day of ·
20_. by, (hereinafter referred 10 as "Granlo!"), whose post office box Is [ADDRESS]
to COlUER COUNTY, apolitical subdivision 01 the State of Florida,. its successors and
assigns, whose post office addressls 3301 Tamiaml Trail East, Naples, Florida. 34112
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
Instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, 6ells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situateln Collier County. Rorida, to wit
See Attached Exhlblt"N which is incorporated herein by reference.
Subject to easements, restrictions, and reSElrvations of record.
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This Is NOT the Homestead property of the Grantor.
TOGETHER with aU the tenements, hereditaments and appurtenances thereto
belonging or In anywise appertaining.
TO HAVE AND TO HOLD the same In fee simple torever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land In fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to saId land
and will defend the same agaInst the lawful claims of all persons whomsoever. and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
WiTNESSES;
(Signature)
By:
(GRANTOR NAME]
(Print Full Name)
(Signature)
(Print Full Name)
Agenda Item No. 100
December 12, 2006
EXHIBIT D Page 9 of 18
HERITAGE BAY CAMERON PARTNERS DEVELOPER CONTRIBUTION
AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
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DATE PERMJT# CREDITAMT BALANCE COMMENTS
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Agenda Item No.1 OD
December 12, 2006
Page 11 of 18
DEVELOPER CONTRIBUTION AGREEMENT
THIS DEVELOPER CONTRffiUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this _ of , 2006, by and between
CAMERON PARTNERS, LLC, a Florida Limited Liability Company (hereinafter referred to
as the "Developer"), with an address at 11586 Quail Way, Naples, Florida 34117, and
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County"). All capitalized terms not defined herein shall have the same meaning
as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13,
as amended.
R Eel TAL S:
WHEREAS, Developer is the o'W'Iler of approximately 14.80 acres of land in
unincorporated Collier County, Florida, located on the northeast comer of lmmokalee Road and
Collier Boulevard, on which approximately 50,000 square feet of office space and 45,000 square
feet of retail space \\-111 be constructed (hereinafter referred to as the "Development"). The
Development will be constructed on Tracts A, J, K & M of the plat of Heritage Bay Commons
recorded in Collier County Florida Plat Book 43, Page 46-54, which lays within Heritage Bay, A
Planned Unit Development and Development of Regional Impact, approved by the Collier
County Board of County Commissioners on July 29, 2003, by Ordinance No. 2003-40 and
Resolution 03-255. A map depicting the Development is attached as Exhibit A.
WHEREAS, after recording a re-plat of a portion of Heritage Bay Commons, Developer
is willing to convey to the County approximately 2.6 acres of land with an appraised fair market
value of TWO MILLION FIVE HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY-
SIX AND 00/100 DOLLARS ($2,506,746.00) (bereinafter referred to a the "Subject Parcel"), in
exchange for a corresponding sum in Road Impact Fee Credits, together with vested
transportation concurrency of the 50,000 square feet of office space and 45,000 square feet of
retail space. A map depicting the Subject Parcel, together with the legal description, is attached
as Exhibit B; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") is in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that:
a. The subject Proposed Plan is in confomlity with the contemplated improvements
and additions to the County's transportation system;
Agenda Item No.1 00
December 12, 2006
Page 12 of 18
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 accounts 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 both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, and complies with
the requirements of the Collier County Consolidated hnpact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement.
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 herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Developer shall convey the Subject Parcel to the County in fee simple, free and
clear of all liens and encumbrances, by an executed Warranty Deed, suitable for recording, the
general form of which is attached hereto as Exhibit C. The Subject Parcel will be conveyed at
Developer's option either by a metes and bounds legal description, or, within sixty (60) days of
the date of the recording of the replat of the portion of Heritage Bay Commons owned by
Developer, with the executed Warranty Deed provided to the Office of the County Attorney no
later then 1 year from the date this Agreement is approved by the Board. County will pay the
costs of any title work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work.
Upon receipt, the County shall record the Warranty Deed in the Public Records of the County.
Except as set forth herein, all costs of recording and conveyance shall be paid by the Developer.
With respect to this provision, time is of the essence. It is acknowledged that Developer's failure
to promptly convey the parcel to County, as set forth herein shall result in actual damages to
County. In that actual damages are difficult to ascertain with substantial certainty, the parties
agree that Developer shall pay to County as liquidated damages the sum of $1,000 per day for
each day past the above 60-day deadline that the Warranty Deed is not delivered to County.
Such liquidated damages will be paid in place of County's claims for actual damages. All
provisions of this Agreement shall survive closing and be enforceable by the County and
Developer and their successors and assigns.
3. If requested by the county attorney, the Developer shall provide to the county
attorney, at no cost to the county, an attorney's opinion identifying the record owner, his
authority to enter into this Agreement and identify any lien holders having a lien or encumbrance
Page 20[8
Agenda Item No.1 00
December 12, 2006
Page 13 of 18
on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments
under which the record O'WIler holds title, each lien or encumbrance, and cite appropriate
recording information and incorporate by reference a copy of all such referenced instruments.
4. The parties acknowledge that the conveyance of the Subject Parcel is
characterized as property rights acquired by a highway or road agency for the improvement of a
road within the boundaries of a public right-of-way.
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
6. Effective simultaneously with the conveyance of the Subject Parcel as set forth
above, Developer will be entitled to Road Impact Fee Credits in the amount of TWO MILLION
FNE HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY-SIX AND 001100
DOLLARS ($2,506,746.00), which the parties agree is the appraised fair market value of the
Subject Parcel. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee
Credits granted pursuant to this Agreement is attached as Exhibit D.
7. The credit for Road Impact Fees identified herein shall run with the Development
and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit
issued thereon until the Development project is either completed or the credits are exhausted or
otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not
offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer,
its successors and assigns are responsible in connection with the development of their lands. It
shall be Developer's obligation to notify County that a credit or a Certificate is available each
time a Building Permit is applied for. It is expressly understood that the Impact Fee Credits will
be utilized in the order in which the Building Permits are issued, irrespective of whether
Developer assigns all or part of the Development.
8. At any time after the conveyance of the Subject Parcel as set forth above,
Developer may prepay to County one-half (112) of the County's estimated Road Impact Fees for
the Development, less the Impact Fee Credits set forth above. Upon payment of these fees,
Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the
Developer's Project to construct 50,000 square feet of office space and 45,000 square feet of
retail space solely for the purposes of meeting the County's Transportation Concurrency
requirements. Final calculation of the remaining road and other impact fees due will be based on
the impact fee schedule in effect at the time of the issuance of building permits for the 50,000
square feet of office space and 45,000 square feet of retail space. Payment of these fees vests the
development entitlements for which the Certificate applies on a continuous basis for three years
unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable aftcr
payment and receipt of the Certificate.
Page 3 of8
Agenda Item No. 10D
December 12, 2006
Page 14 of 18
9. Not later than 90 days prior to the expiration of the three-year period for the
Certificate, the County shan notify Developer via registered mail of the remaining balance due
for the estimated transportation impact fees up to 50 percent, based on level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule then
currently applicable. The Developer may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modify the Certificate to a
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to include only the entitlements fOf which the
estimated transportation impact fees are paid. Once the balance of the estimated transportation
impact fees is paid, those estimated fees are non-refundable. The Certificate runs continuously
with the land in perpetuity after all estimated transportation impact fees have been paid. As
building permits are drawn down on the entitlements, the estimated transportation impact fees
already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It
shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e.
lot/tract purchaser) obligation to notify the County that a credit is available, each time a building
permit is applied for. If the estimated transportation impact fee accOlmt becomes depleted, the
Developer shall pay the currently applicable transportation impact fee for each building permit in
full prior to its issuance. In the event that upon build-out of the Development estimated
transportation impact fees are still unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or adjacent transportation impact fee
district, provided any vested entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the Certificate is modified to delete those
entitlements.
10. The County shall grant to the Developer: (a) a "right-in" access to the
Development on Imrnokalee Road approximately six hundred (600) feet cast of the southwest
comer of Tract J of Plat of Heritage Bay Commons as recorded in Plat Book 43, Pages 46-54,
Official Records, Collier County, Florida; and (b) a "right-in" and a "right-out" on the future
Collier Boulevard Extension, presently known as Broken Back Road, approximately six hundred
(600) feet north ofthe intersection of Collier Boulevard and Irnmokalee Road (between Tracts M
& J, of Plat of Heritage Bay Commons as recorded in Plat Book 43, Pages 46-54, Official
Records of Collier County, Florida). The Developer is responsible for all costs associated with
the construction of these access points. The access to the Collier Boulevard Extension will enjoy
full movement (right in and out, left in and out) during the time it remains a two-lane roadway
unless in the opinion of Collier County the access must be restricted for healthy, safety and
welfare concerns..
11. County shall grant Developer and its successors and assigns a water management
easement for one quarter of one acre for treatment and storage of stormwater from the
Development in the location within the future Collier Boulevard Extension as depicted in the
attached Exhibit E. Said easement shall be conveyed simultaneously with the conveyance of the
Subject Parcel, and shall provide that Developer is solely responsible for the maintenance and
safety of the easement area.
Page4of8
Agenda Item No. 100
December 12, 2006
Page 15 of 18
12. 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. Upon giving
written notice to the County, Developer may assign all or part of the Road Impact Fee Credits,
utilizing the County's then current form of assignment, to the owners of other commercial
property within the Heritage Bay PUD, to successor owners of all of part of the Development,
including successor owners of out parcels, or as otherwise provided for in the Collier County
Consolidated Impact Fee Ordinance.
13. Developer acknowledges that the failure of this Agreement to address any pennit,
condition, term or restriction shall not relieve either the applicant or owner, or its successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
14. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
15. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
To County:
To Cameron Partners. LLC:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A.I.C.P.
Transportation Division Administrator
Phone: (239) 774-8872
Facsimile: (239) 774-9370
Attn: John liganti
190 South LaSalle Street
Suite 1700
Chicago, IL 60603
Phone: (3]2) 346-4101
Facsimile: (312) 346-4885
Notice shall be deemed to have been given on the next successive business day to the date
of the courier waybill if sent by nationally recognized overnight delivery service.
16. Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shaH be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the COlUlty enters
into this Agreement. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
17. In the event of a dispute under this Agreement, the parties shaH first use the
COlUlty'S then-current Alternative Dispute Resolution Procedure. Following the conclusion of
Page 5 of8
Agenda Item No. 100
December 12, 2006
Page 16 of 18
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. Any future reimbursement for excess credits shall come from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as
all development, as defined by the County Manager or his designee, at the location that was
subject to the credit has been completed. Such reimbursement shall be made over a period of
five (5) years from the completion ofthe Development.
19. An annual review and audit of perfonnance 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 credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence. that there has been a
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
REMAlNDER OF P AGE INTENTIONALLY LEFT BLANK
SffiNATUREPAGETOFOLLOW
Page 6 of8
Agenda Item No. 10D
December 12, 2006
Page 17 of 18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
AS TO DEVELOPER:
Signed, sealed and
deli~_r;;red in ~.e presence of:
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Printed Name ,,-_..'J
CAMERON P A)?--~S, LLC. -'l
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Thomas C. Caroilo, Managing tv1ember
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STATE OF It- JDltt.:!a
COUNTY OF -. dol/ler .. "?i {1
The foregoing instrument was acknowledged before me this )0 ""..... day of I /OVem};<.Y, 2006,
by Thomas C. Carollo, as Managing Member of CAMERON PARTh'ERS, LLC, who is
personally known to me or has produced as identification.
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Page 7 of8
Agenda Item No. 100
December 12, 2006
Page18of18
LIST OF EXHIBITS A IT ACHED TO AGREEMENT
Exhibit "A" Graphic rendering of Development
Exhibit "B" Legal description and graphic rendering of the Subject Parcel
Exhibit "C" Warranty Deed Form
Exhibit "D" Impact Fee Credit Ledger
Exhibit "E" Description of proposed water management
Page 8 of8
Agenda Item NO.1 OE
December 12, 2006
Page 1 of 22
Recommendation to approve a Developer Contribution Agreement (DCA) between
the developer of Summit Lakes RPUD, Waterways Joint Ventures V (Developer)
and Collier County (County) to construct the Tree Farm, Woodcrest and Massey
alternative roadway project (project).
EXECUTIVE SUMMARY
OBJECTIVE: To obtain BCC approval of the DCA to have the Developer design,
permit and construct a two lane urban collector roadway network from Immokalee Road
to Collier Boulevard and Vanderbilt Beach Road.
CONSIDERATIONS: The Project has been identified on the Long Range
Transportation Plan as two lane urban collector network one mile east of Collier
Boulevard connecting Immokalee Road to Vanderbilt Beach Road and back to Collier
Boulevard. The network will provide an additional north south connection east of Collier
Boulevard west of Wilson Boulevard. The project is aligned with one of the major
entrances to the Heritage Bay PUD and anticipated to eliminate 5,000 to 7,000 daily trips
from the Collier/lmmokalee intersection while also providing an emergency bypass to the
intersection. Transportation staff has taken advantage of the timing of the developments
in the area to secure significant amounts of donated right'-of-way and water management
to accelerate the development of the network. The attached exhibit showing "Area
Developer Agreements" highlights the project and commitments.
,,-.
The proposed Summit Lakes RPUD shown in Exhibit "A" provides the final portion of
donated right-of-way and water management from the potential developments adjacent to
the Project. The construction of the roadways included in the Project is not funded for
construction in the five-year Capital Improvements Element. Staff and the County's
consultant (see memo of costs attached) have estimated that it would cost approximately
6.3 million dollars in today's costs to construct the portion of the network as shown in
Exhibit "B". The Developer has proposed to design, permit and construct the Project in
exchange for impact fee credits in the amount of 5.1 million dollars. The developer has
committed to that fixed amount with no inflation factor until April 1 , 2008.
FISCAL IMPACT: The agreement would allow for an impact fee credit for the
Developer in the amount of $5, 1 00,000. The County would be saving approximately
$1,200,000 in today's dollars and no inflation risk until Aprill, 2008. Any cost increases
within this period shall be at the sole risk of the Developer. Inflation in the following year
is capped at 1.25% monthly. This Road Impact Fee shall be established in the Road
Impact Fee District 6.
GROWTH MANAGEMENT: This Developer's Contribution Agreement would be
consistent with the goals and objectives of the Collier County MPO 2030 Long Range
Transportation Plan adopted January 12, 2006, (incorporated into the Collier County
Growth Management Plan), and the Transportation Element of the GMP.
,.-
RECOMMENDA TION: That the Board of Commissioners approves this DCA between
Waterways Joint Venture V and Collier County to construct the Project with a significant
savings to the County and provide the roadway network ahead of plan.
Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division
Attachments: 1) The Developer Contribution Agreement; 2) Cost Memo; 3) Exhibit A;
4) Area Agreements Sketch; 5) Exhibits "B 1-B5"; 6) Exhibits "C'1-C3"; 7) Exhibit "D"
Agenda Item No. 10E
December 12, 2006
Page 2 of 22
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
December 12, 2006
Page 3 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
This Item to be heard directly following Item 8E Recommendation to approve a Developer
Contribution Agreement (DC!,) between Ine developer of Summit Lakes RPUD, Waterways
JOint Ventures V (Developer) and Collier County (County) to construct the Tree Farm,
Woodcrest and Massey alternative roadway project (Projecl). (Companion to hem 8E Petition
PUDZ-2003-AR -4988) (Nick Casaianguida, Transportallon Planning Departmenl)
12/121200690000 AM
Date
Approved By
Nick Casalanguida
Transportation Services
Project Manager
Transportation Planning
11128/20063:43 PM
Date
Approved By
Paula Fleishman
Community Development &
Environmental Services
Impact Fee Analyst
Financial Admin. & Housing
11128120064:57 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
111291200612:49 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin
1113012006 9:16 AM
Date
Approved B)'
Donald L. Scott
Tr:msportation Services
Transportation Planning Director
Transportation Planning
11130/2006 1 :04 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
11/30/2006 3:38 PM
Date
Approved By
Pat lehnhard
Trvnsportation Services
Executive Secretary
Transportation Services Admin
11130/2006 3:50 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
12/11200612:51 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management 8. Budget
12/1120064:02 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
12/1/20064:46 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
12/4/200610:51 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1215/20068:43 PM
CH2MHILL
cH~QtR!lda Item No.1 OE
D"ecember 12, 2006
5801 Pelican ~~f 22
Naples. F~ 34108
Tel 239.556.1715
Fax 239.596.257.9
'II.'
November 27, 2006
Nick Casalanguida
Collier County Transportation Planning Department
2885 South Horseshoe Drive
Naples FL, 34104
RE: Summit Lakes - Tree Farm Road & Woodcrest Drive - Phases 2 and 3 - Construction
Cost Estimate - Two Lane Urban Section as Shown on Exhibits Band C
Dear Mr. Casalangulda,
Per your requestl CH2M HILL has conducted a review of the cost estimate prepared by
Mr. Jamey M. Anderson - RW AI Inc. for the subject project.
The cost estimate included the design, permitting, off-site mitigation and construction cost
for a 2-lane urban section road for: Woodcrest Drive, which would extend south from
lmmokalee Rd to Tree Farm Road (approximately 1 mile); and Tree Farm Road east, from
Davila Street to Massey Street (approximatlyl /2 mile), as shown on the attached Exhibits.
CH2M HILL has reviewed the estimated quantities and associated unit costs and has
determined that the proposed cost of $5,100,000 dollars is significantly lower than the
expected project costs based on current bids received by Collier County for similar
roadways and estimated by CH2M HILL to be $6,254,000.
Sincerely,
/f4~
Bill Gramer, P.E.
VP Transportation
CH2M HILL
Cc: File
Agenda Item No. 10E
December 12. 2006
Page 5 of 22
D\XT^INC.~on
CONSUL TING Civil FZI~g
.A.. "" , .I... .a. Smveying & Mapping
DAlE, CLE,\r:
s~~> 2006 WATERWAYS JOINT VENTURE V
1" - : 000'
DRAWN BY:
M.S.J.
111_E:
SU M M IT LAKES
EXHIBIT "A"
6610 WIllow Park DrIY8, Suite 200
Naples, FIorlda 34109
Phone: (239) 597'*75
FAX: (239) 597'*78
CHECKED BY:
SEe: TWP: RGE: PRCJECl 030008 00 03 SHEEl 1 1 FILE 30008SPX08
26 48S 26;0 NUMBER: " NL;MBER: OF NUMBER:
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Agenda Item No. 10E
December 12, 2006
EXHIBIT D Page 14 of 22
SUMMIT LAKES DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
J
~SUl11l11it.'~akes~pUD
I Beginning Balancel
$5,100,000.001
DATE PERMIT '# CREDIT AMT BALANCE COMMENTS
Beoinning Balance $5,100,000.00
-
Agenda Item No. 10E
006
f 22
450 900
LEGEND
.... Phase 1
_ Phase 2
~ Phase 3
~o
Scale in Ftlel
Co1ff~r County
~
Area Developer Agreements
.., CH2MHILL
...... TBOf;Z006003TPA
Agenda Item No. 10E
December 12, 2006
Page 16 of 22
DEVELOPER CONTRIBUTION AGREEMENT
SUMMIT LAKES
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this _ of , 2006, by and between
W A TERW A YS JOINT VENTURES V (hereinafter referred to as the "Developer"), with an
address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County").
All capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended.
RECIT ALS:
WHEREAS, Developer is the owner of approximately 138.3 acres of land in
unincorporated Collier County, Florida, located on the south side of Immokalee Road (CR-846),
approximately one half mile east of the intersection of Collier Boulevard (CR-951) and
Immokalee Road, and is adjacent to Woodcrest Drive, on which 968 multi-family residential
units will be constructed (hereinafter referred to as the "Development"). The Development will
be constructed on Tracts R, and RA, as depicted on the Summit Lakes RPUD Master Plan,
approved by the Collier County Board of County Commissioners on December 12, 2006. The
RPUD Master Plan depicting the Development is attached as Exhibit A; and
WHEREAS, Developer is willing to enter into this Agreement, which grants Developer
vested concurrency rights to the Development, in exchange for the Developer designing,
permitting, and constructing a two lane urban collector road connecting Immokalee Road with
Collier Boulevard and Vanderbilt Beach Road through a connection to Massey Street for the sum
of$5,100,000 in Road Impact Fee credits; and
WHEREAS, the County is willing to enter into this Agreement in order to accelerate the
building of this connector road at a cost which the County believes is less than that which the
County could procure; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") is in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms 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 accounts in such a way as to
Agenda Item No. 10E
December 12, 2006
Page 17 of 22
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 both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system, the Long Range
Transportation Plan and complies with the requirements of the Collier County
Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement.
WIT N E SSE T H:
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 herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Developer will design, permit and construct a two lane urban collector road
section known as the Tree Farm, Woodcrest and Massey alternative roadway project ("Project").
The scope of the Project is set forth in Exhibit B, with typical road sections set forth in Exhibit
C. Developer must commence the Project upon the earlier of (1) notice from the County to
proceed, which notice shall provide Developer with proof that all necessary right-of-way has
been acquired and the County permits have been approved; or (2) April 1,2008. The Developer
must complete the Project within two years from commencement, failing which Developer will
pay the County the sum of $1 ,000 for each day the Project is not completed. Should the County
fail to have all necessary right-of-way acquired or should any of the necessary permits not be
approved by April 1, 2008, then Developer shall be entitled to an adjustment of the Project's
costs consisting of a 1.25% monthly inflation factor until the permits and right-of-way have been
secured. In the case that the right-of-way has been provided and the permits are not approved the
adjustment is contingent that the Developer has been diligently pursuing all necessary permits.
3. Developer shall be solely responsible for all costs associated with the design,
permitting and construction costs for utilities associated with the Project. No impact fees shall
be granted for any of these costs.
4. Developer shall receive, as full compensation for the Project, the sum of
$5, I 00,000 in Road Impact Fee credits, upon commencement of the Project. A copy of the
Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this
Agreement, is attached as Exhibit D.
5. The credit for Road Impact Fees identified herein shall run with the Development
and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit
Page 2 of7
Agenda Item No. 10E
December 12, 2006
Page 18 of 22
issued thereon until the Development project is either completed or the credits are exhausted or
otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not
offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer,
its successors and assigns are responsible in connection with the development of their lands. It is
expressly understood that the Impact Fee Credits will be utilized in the order in which the
Building Permits are reviewed by the Impact Fee Administration, irrespective of whether
Developer assigns all or part of the Development.
6. Within 90 days from the date this Agreement is approved by the Board,
Developer shall prepay to County one-half (1/2) of the County's estimated Road Impact Fees for
the Development. In lieu of payment, the Developer may choose to provide a Letter of Credit
payable at a local financial institution in a form approved by the County Attorney equal to one-
half (1/2) of the County's estimated Road Impact Fees. Upon payment of these fees or delivery
of the Letter of Credit, Developer shall receive a Certificate of Adequate Public Facilities
("Certificate") vesting the Development to construct 968 dwelling units for the purposes of
meeting the County's Transportation Concurrency requirements. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in effect at
the time of the issuance of building permits. Payment of these fees vests the development
entitlements for which the Certificate applies on a continuous basis for three years unless
otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after
payment and receipt of the Certificate. Upon commencement of the construction of the Project,
the letter of credit shall be released.
7. Not later than 90 days prior to the expiration of the three-year period for the
Certificate, the County shall notify Developer via registered mail of the remaining balance due
for the estimated transportation impact fees up to 50 percent, based on level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule then
currently applicable. The Developer may elect to pay the balance of the estimated transportation
impact fees for the entitlements for which the Certificate applies or modify the Certificate to a
lesser entitlement and calculate the balance of the transportation impact fees on the revised
entitlements. The Certificate shall be modified to include only the entitlements for which the
estimated transportation impact fees are paid. Once the balance of the estimated transportation
impact fees is paid, those estimated fees are non-refundable. The Certificate runs continuously
with the land in perpetuity after all estimated transportation impact fees have been paid. As
building permits are drawn down on the entitlements, the estimated transportation impact fees
already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If
the estimated transportation impact fee account becomes depleted, the Developer shall pay the
currently applicable transportation impact fee for each building permit in full prior to its
issuance. In the event that upon build-out of the Development estimated transportation impact
fees are still unspent, the remaining balance of such estimated fees may, at Developer's election
(1) be transferred to another approved project within the same, or adjacent transportation impact
fee district, provided any vested entitlements associated with the unspent and transferred
Page 3 of7
Agenda Item NO.1 OE
December 12, 2006
Page 19 of 22
transportation impact fees are relinquished and the Certificate IS modified to delete those
entitlements, or (2) be promptly returned to Developer.
8. The Developer, at Developer's sole cost and expense to permit and contract, may
excavate additional material from the County's roadway drainage pond adjacent to the Summit
Lakes RPUD.
9. No certificates of occupancy will issue for the Development until June I, 2008.
Thereafter, Developer shall be entitled to no more than 30 Certificates of Occupancy each month
until the Project is completed. Should the Project be delayed, or if this Agreement is terminated
by the Developer, the Developer shall be entitled to Certificates of Occupancy for no more than
one half (1/2) of the units approved until the Project is substantially completed.
10. The Project shall be submitted for review, permitting and inspection through the
Collier County Community Development Engineering Services Department and the Collier
County Transportation Right-Of-Way Department. All permit applications will be filed on
behalf of the County. Final acceptance shall be consistent with the typical County acceptance
process for public roads.
11. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
12. 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. Upon giving
written notice to the County, Developer may assign all or part of the Road Impact Fee Credits,
utilizing the County's then current form of assignment, to successor owners of all of part of the
Development, or as otherwise provided for in the Collier County Consolidated Impact Fee
Ordinance.
13. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or its successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
14. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
15. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
Page 40f7
Agenda Item No. 10E
December 12, 2006
Page 20 of 22
To County:
Waterways Joint Venture V:
Harmon Turner Building
Naples, Florida 34112
Attn: Norman E. Feder, A.LC.P.
Transportation Division Administrator
Phone: (239) 774-8872
Facsimile: (239) 774-9370
Attn: Richard Davenport
14627 Collier Blvd.
Naples, Florida 34120
Phone: (239) 352-6610
Facsimile: (239) 352-1460
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
16. Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the County enters
into this Agreement. Developer shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the Developer upon request.
17. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. Any future reimbursement for excess credits shall come from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as defined by the County Manager or his designee, at the location that was subj ect
to the credit has been completed. Such reimbursement shall be made over a period of five (5)
years from the completion of the Development.
19. 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 credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a'
failure to comply with the terms of this Agreement, the Agreement may be revoked or
unilaterally modified by the County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 5 of7
Agenda Item No.1 OE
December 12, 2006
Page 21 of 22
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
AS TO DEVELOPER:
Signed, sealed and
delivered in the presence of:
Waterways Joint Venture V
Signature
By:
Richard Davenport, Partner
Printed Name
Signature
Printed Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2006,
by Richard Davenport, as President of Waterways Development, Inc., as General Partner of
Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture V, who is
personally known to me or has produced as identification.
Approved as to form
and legal sufficiency:
Notary Public
Print Name:
My Commission Expires:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page 60f7
LIST OF EXHIBITS A TT ACHED TO AGREEMENT
Exhibit "A" Graphic rendering of Development
Exhibit "B" Scope of Project
Exhibit "C" Typical Road Sections
Exhibit "D" Impact Fee Credit Ledger
Page 7 of7
Agenda Item No. 10E
December 12, 2006
Page 22 of 22
Agenda Item No. 10F
December 12, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award contract #07-4082, "Golden Gate l.ibrary Expansion" to
DeAngelis Diamond Construction for the construction of the Golden Gate Library,
project 54261, in the amount of $4,879,000 and approve the necessary budget
amendments. '
OBJECTIVE: To award contract #07-4082, "Golden Gate Library Expansion" to
DeAngelis Diamond Construction for the construction of the Golden Gate Library, project
54261, in the amount of $4,879,000 and approve the necessary budget amendments.
CONSIDERATION: This project was originally approved by the Board of County
Commissioners in 2003. The original intent was to construct an addition to the existing
building. The current scope of this project is to construct an approximately 17,000
square foot library adjacent to the existing library.
--
On October 9, 2006, formal bid invitations were posted in the lobby of Building G-
Purchasing and distributed to one hundred seventy seven (177) firms that provide these
services. On November 30, 2006, bids were received and opened from five (5) firms.
Upon the review and evaluation of the bids, the Facilities Management Department
determined that the lowest, Mqualified and responsive" bidder is DeAngelis Diamond
Construction.
DeAngelis Diamond Construction
Gates McVey Butz Institutional Construction
Brooks and Freund
Vanderbilt Bay Construction
Lodge Construction
$4,879,000.00
$4,933,839.00
$4,955,000.00
$4,965,000.00
$5,487,650.00
The direct project costs are as follows:
Design I Permitting
Construction
Commissioning
Contingency
TOTAL
$1,175,830
$4,879,000
$ 438,670
$ 800.000
$7,293,500
The current project budget is $5,864,400 and the current project estimate is $7,293,500.
Grant
Commercial Paper (budgeted)
Impact Fees
Available Funds
$ 500,000
4,683,100
681.300
$5,864,400
$1,429,100
Total project shortfall
,,--..
Construction is planned to begin in the first quarter of calendar year 2007 with
completion about twelve months later. The Site Development Plan (SDP) was submitted
Agenda Item NO.1 OF
December 12, 2006
Page 2 of 4
in June 2006 and is under review. The building permit application was submitted in
October 2006 and is also under review.
FISCAL IMPACT: A budget amendment is needed to increase the Golden Gate project
(54261) by $1.429,100 and a transfer from the General Fund (001). The General Fund
budget amendment will recognize additional carry forward in the amount of $1.429,100
and appropriate a transfer out to the Library Impact Fee fund 355, the additional revenue
is a portion of the excess fees that were received over and above what was forecasted
for fiscal year 2006.
A net Commercial Paper Loan of $4,683,100 is required for the construction of the
Golden Gate Library; with fees and pre-paid interest a gross loan not to exceed
$4,920,000 is recommended. Based on a 15 year commercial paper loan of $4,920,000,
the estimated debt service payments for 6 months in fiscal year 2007 will be $454,500
and for a full year for FY 2008 will be $561,100.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management
Plan.
",,,-,~
RECOMMENDATIONS: That the Board of County Commissioners 1) award contract
#07 -4082, "Golden Gate Library Expansion" to DeAngelis Diamond Construction for the
construction of the Golden Gate Library, project 54261, in the amount of $4,879,000, 2)
authorize the Chairman to sign the agreement, 3) authorize the issuance of a
Commercial Paper loan in the amount of $4,920,000, and 4) approve the necessary
budget amendments.
,~-~'"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10F
December 12. 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
Recommendation to award contract #07 -4082 Golden Gate Library Expansion to DeAngelis
Diamond Construction for the conslfuction of the Golden Gate Library, project 54261, in the
amount of $4,879,000 and approve the necessary budget amendments
12/1212006 9:0000 AM
Date
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Purchasing
12/1120061:34 PM
Acquisition Manager
Date
Approved By
Mike Hauer
Administrative Services
Purchasing
1211120062:33 PM
Facilities Management Director
Date
Approved By
Skip Camp, C.F.M,
Administrative Services
Facilities Management
1211/20063:07 PM
Purchasing/General Svcs Director
Date
App roved By
Steve Carnell
Administrative Services
Purchasing
12/1/20063:23 PM
Approved By
Administrative Services Administrator
Date
Len Golden Price
Administrative Services
Administrative Services Admin.
12/1120064:11 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1214120067:26 AM
Senior Management/Budget Analys.t
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
1214/200610:59 AM
Management & Budget Director
Date
App,oved By
Michael Smykowski
County Managers Office
Office of Management & Budget
121512006 5:27 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
121612006 5:00 PM
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Agenda Item No. 10G
December 12, 2006
Page 1 of 11
EXECUTIVE SUMMARY
Report to the Board of County Commissioners providing the findings of the survey of
businesses bounded by Pine Ridge Road, Airport-Pulling Road, Taylor Road and Trade
Center Way; designated Urban-Industrial District on the Future Land Use Map of the
Growth Management Plan; and, zoned Industrial.
OBJECTIVE: To report to the Board of County Commissioners (BCC) the findings of a survey
of the businesses zoned Industrial and located within the Industrial designation bounded by Pine
Ridge Road, Airport Road, Taylor Road and Trade Center Way.
-.
CONSIDERATIONS: On October 10, 2006, the Board of County Commissioners heard a
public petition by Richard Gazzerro and Thomas Ramsey, owners of the Shirley Street Antique
Mall located at 5510 Shirley Street. The petitioners noted that they had been accused of a
Zoning violation involving the operation of a retail store in an industrial zoned area. They
requested additional time to continue operating the business, ''while they investigate their legal
options to continue the business" in the location in question. After discussion among the Board,
direction was given to staff to evaluate all the businesses in the Industrial park and determine
how many other businesses were operating under similar circumstances e.g. conducting "retail
sales" under a "wholesale" occupational license.
-..
Prior to completing field work, the Code staff reviewed the Land Development Code (LDC) to
determine the permissible uses within industrially zoned areas. LDC Section 2.03.03A provides
that, "The pUlpose and intent of the industrial district is to provide land for manufacturing,
processing, storage and warehousing, wholesaling and distribution. Commercial activities
that are related to support manufacturing, processing, storage and warehousing, wholesaling
and distribution activities, as well as commercial uses relating to automotive repairs and heavy
equipment sales and repair are also permissible in the I district." Although the industrial
district is intended for industrial uses, some non-industrial type uses are allowed in the district as
accessory or support to the principal permitted uses. The LDC specifically provides for "retail
sales and/or display areas as accessory to the principal use, excluding automotive sales and/or
display areas, not to exceed an area greater than 20 percent of the gross area of the permitted
principal use, and subject to retail standards for landscaping, parking and open space". A list
of the uses permitted in the zoning district is attached to this executive summary as Exhibit A.
During the time period of October 23rd through November 8th, six members of the Code
Enforcement Investigative staff visited approximately 660 businesses in the area and recorded
their location, the business name and type, the occupational license status, and the square footage
of retail area compared to the entire business. Over 144 man hours were spent surveying the
area. An additional 12 hours were spent evaluating the data to determine whether the uses were
compliant with the zoning district as it relates to the amount of retail space relative to the
wholesale use. Additional research will be required because approximately 55 businesses had no
one in the office at the time of the survey and only the nan1e of the business was recorded. The
evaluation resulted in our finding that less than 5 percent of the businesses in the area may be
exceeding the allowable square footage of space for retail sales in an industrial zoning district.
Agenda Item NO.1 OG
December 12, 2006
Page 2 of 11
Staff has determined that approximately 200,000 square feet of commercially zoned land in the
County is cm:rently vacant and available for occupancy. In contrast, the Economic Development
Counsel (EDC) recently completed a study that showed Collier County with a deficit of 708
acres of industrial zoned property and forecasted that the County will be woefully short
approximately 3,784 acres of industrial zone and business park acreage by 2030. Accordingly,
industrial zoned property is a scarce resource in Collier County and if the existing retail
businesses currently located in the industrial zoning be required to relocate, there is ample square
footage available within commercially zoned areas of the County to accommodate those
establishments.
The subject area is designated Urban-Industrial District as depicted on the Future Land Use Map
(FLUM) (see attached) of the Collier County Growth Management Plan. The :t22,000 acre
District is reserved primarily for industrial type uses, but allows limited support commercial
uses, such as child care centers and restaurants. Retail commercial uses are prohibited, except as
accessory to Industrial or Business Park uses. Intensities of uses allowed in the Industrial
Designation include: manufacturing; processing; storage and warehousing; wholesaling;
distribution; high technology; laboratories; assembly; computer and data processing; business
services; business park uses; and other basic industrial uses as described in the Industrial Zoning
District of the Land Development Code.
Zoning Violation:
The Shirley Street Antique Mall is being charged with the violation of utilizing the business
inconsistent with the approved Occupational License and in violation of the zoning district. The
Antique Mall has been issued an occupational license for a "wholesale only" business which was
initially issued in 1997 however it appears that the business has evolved over the years from a
"wholesale" operation into a 100 percent "retail" operation without updating it's business license
to reflect the actual use. The business owners informed the Board of County Commissioners
during their public presentation on October 10, 2006, that they were operating a retail
establishment contrary to the "wholesale" occupational license. Because the business operation
is functioning contrary to the Zoning and its occupational license, it cannot be deemed non-
conforming and a change in the use of the land use designation must occur to make the operation
legal. In order to keep the use in its CUlTent location the pemlitted uses in the zoning district can
be amended to add antique malls as a permitted use or the property must be rezoned to a
commercial zoning district after obtaining a Comprehensive Plan Amendment to re-designate the
property from "industrial" land use designation to "commercial" land use.
,.-,
Options:
1. Amend the list of permitted uses in the Industrial Zoning District to add "antique mall" as
a permitted principal or conditional use.
2. Rezone the subject site from industrial to commercial to allow the use with the
understanding that prior to any rezoning request, the applicant must first seek a Growth
Management Plan Amendment to change the Future Land Use designation to allow
commercial land uses on the subject site.
3. Relocate the CUlTent business to a commercially zoned area.
4. Convert the CUlTent operations to wholesale and reduce the amount of retail to the
allowable square footage permissible by the zoning district.
Agenda Item NO.1 OG
December 12, 2006
Page 3 of 11
5. Allow the business to remain in operation with the understanding that the Board is
disregarding the zoning mandates of the Collier County Growth Management Plan and
Land Development Code (LDC), and is also exempting all required LDC parking,
landscaping and buffering, criteria for commercial uses as specified in the LDC.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: The subject retail commercial uses are not permitted
on lands zoned or designated Industrial. A Growth Management Plan Amendment to redesignate
the subject site to allow commercial uses would be needed to make the subject uses consistent
with the Growth Management Plan.
LEGAL CONSIDERATIONS: Depending on the direction given by the Board of County
Commissioners, the County Attorney's office will have to provide an opinion on legal
sufficiency.
STAFF RECOMMENDATION: That the Board direct the County Manager or his designee
to enforce the zoning codes as written, require the owner to submit Land Development Code
amendment to add antique mall as a permitted principal or conditional use, or a Growth
Management Plan Amendment to change the Future Land Use Designation to allow commercial
land uses on the subject site, or convert the business from retail to wholesale, or if the property
owner wishes to continue to operate as a commercial business that the owner initiate plans to
relocate the business to a commercially zoned area.
PREPARED BY:
Michelle Edwards Arnold, Code Enforcement Department Director
..,-....
Ilem Number:
Item Summary:
Meellng Date:
Agenda Ilem No. 10G
December 12. 2006
Page 4 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10G
Report to the Board of County Commissionars providing the findings of the survey of
businesses bounded by Pine Ridge Roed. Airport-Pulling Road, Taylor Road and Trade
Center Way: designated Urban-Industnal Dlstnci on the Future Land Use Map of the Growth
Management Plan and, zoned Industrial. (Joseph K Schmitt. Administrator, Community
Development and Environmentel Services)
12112/20069:00:00 AM
Executive Secretary
Date
Approved By
Marlene Stewart
Community Development &
E.nvironmental Services
Community Development &
Environmental Services Admin.
11/3012006 1 :01 PM
App roved By
Operations Analyst
Date
Constance A, Johnson
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
11/30/2006 2: 15 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Service!; Admlnstrator
Dale
Community Development &
Environmental Services Admin,
12/112006 5: 17 PM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
12/5/2006 8:11 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
12/512006 9:38 AM
Approved By
Date
.James V, Mudd
Board of County
Commissioners
County M Imager
County Manager's Office
12/512006 9:03 PM
Sec. 2.2.16. Industrial district (I).
Agenda Item No. 10G
December 12, 2006
n;agesof11
Vb
2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide lands for
manufacturing. processing. storage and warehousing, wholesaling, and distnbution. Service and
commercial activities that are related to support manufacturing, processing, storage and warehousing,
wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy
equipment sales and repair are also permissible in the I district. The I district corresponds to and
implements the industrial land use designation on the future land use map of the Collier County Growth
Management Plan.
2.2.16.2. Permitted uses. The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as uses
accessory to pennitted uses in the industrial district (I).
2.2.16.2.1. Permitted uses.
1. Agricultura1 services (groups 0711, except that chemical treatment of soil for crops,
fertilizer application for crops and lime spreading for crops shall be a minimum of 500
feet from a residential zoning district, 0721, except that aerial dusting and spraying,
disease control for crops, spraying crops, dusting crops, and insect control for crops (with
or without fertilizing) shall be a minimum of 500 feet from a residential zoning district,
0722-0724,0761,0782,0783).
2. Apparel and other finished products (groups 2311--2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Barber shops (group 7241).
5. Beauty shops or salons (7231).
6. Building construction (groups 1521--1542).
7. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, including auction
rooms (5999), subject to parking and landscaping for retail use).
8. Communications (groups 4812--4899 including communications towers up to specified
heights, subject to section 2.6.35).
9. Construction-Special trade contractors (groups 1711--1799).
10. Crematories (7261).
11. Depository and nondepository institutions (groups 6011-6163).
12. Eating places (5812).
13. Educational servIces (8243-8249).
14. Electronic and other electrical equipment (groups 3612--3699).
15. Engineering, accounting, research, management and related services (groups 8711-
8748).
16. Fabricated metal products (groups 3411--3479, 3491-3499).
Agenda Item No. 10G
December 12, 2006
Page 6 of 11
17. Food and kindred products (groups 2011--2099 except slaughtering plants).
18. Furniture and fixtures (groups 2511--2599).
19. General aviation airport.
20. Gunsmith shops (group 7699).
21. Heavy construction (groups 1611-1629).
22. Health services (8011 accessory to industrial activities conducted on-site only).
23. Industrial and commercial machinery and computer equipment (3511-3599).
24. Insurance agents, brokers, and service, including Title insurance (group 6361 and 6411).
25. Leather and leather products (groups 3131--3199).
26. Local and suburban transit (groups 4111--4173).
27. Lumber and wood products (groups 2426,2431--2499).
28. Measuring, analyzing, and controlling instruments; photographic, medical and optical
goods; watches and clocks (groups 3812--3873).
29. Membership organizations (groups 8611,8631).
30. Miscellaneous manufacturing industries (groups 3911--3999).
31. Miscellaneous repair services (groups 7622--7699) with no associated retail sales.
32. Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226 except oil
and gas storage, and petroleum and chemical bulk stations).
33. Outdoor storage yards pursuant to the requirements of section 2.2.151.2.6.
34. Paper and allied products (2621-2679).
35. Personal services (groups 7211--7219).
36. Pbysical fitness facilities (group 7991).
37. Printing, publishing and allied industries (groups 2711-2796).
38. Railroad transportation (4011, 4013).
39. Real estate brokers and appraisers (6531).
40. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
41. Shooting range, indoor (group 7999).
42. Stone, clay, glass, and concrete products (groups 322], 3251, 3253,3255--3273,3275,
3281).
43. Textile mill products (groups 2211--2221. 2241-2259, 2273-2289, 2297, 2298).
Agenda Item No. 10G
December 12, 2006
Page 7 of 11
44. Title abstract offices (group 6541).
45. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769,
3792, 3799).
46. Transportation by air (groups 4512-4581).
47. Transportation services (groups 4724-4783,4789 except stockyards).
48. United States Postal services (4311).
49. Welding repair (7692).
50. Wholesale trade-Durable goods (groups 5012-5014, 5021-5049, 5063-5092, 5094-
5099).
51. Wholesale trade-nondurable goods (groups 5111--5159, 5181, 5182,5191 except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a
minimum of 500 feet from a residential zoning district (5192-5199).
2.2.16.2.2. Uses accessory to permitted uses.
I. Uses and structures that are accessory and incidental to uses permitted as of right in the I
district.
2. Caretaker's residence, subject to section 2.6.16.
3. Retail sales and/or display areas as accessory to the principal use, excluding automotive
sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor
area of the permitted principal use, and subject to retail standards for landscaping,
parking and open space.
4. Recreational vehicle campground and ancillwy support facilities when in conjunction
with temporary special event activities such as air shows and the like.
2.2.16.3. Conditional uses. The following uses are pennitted as conditional uses in the industrial district
(I), subject to the standards and procedures established in division 2.7.4:
1. Adult day care centers (8322).
a Shall not be located within 500 feet of the nearest property line of land uses
encompassing wholesale storage of gasoline, liquified petroleum, gas, oil, or
other flammable liquids or gases.
b. Shall not be located on the same street customarily utilized by construction truck
traffic from asphalt plants and excavation quarries.
c. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of
100 feet.
d. Shall provide a minimum usable open space of not less than 30 percent of the
total square footage of the lot area
2. Child day care services (8351), provided:
Agenda Item NO.1 08
December 12, 2006
Page 8 of 11
a. All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and abutting
properties lying within 500 feet.
(I) For pwposes ofthis subsection, the following definitions shall apply:
(a) Hazardous materials: A material that has any of the following
properties; ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: A substance which is or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human
beings.
b. Shall not be located within 500 feet of the nearest property line of land uses
encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or
other flammable liquids or gases.
c. Shall not be located on the same street customarily utilized by construction truck
traffic from asphalt plants and excavation quarries.
d. Shall have a minimum lot area of20,000 square feet and a minimum lot width of
100 feet.
e. Shall provide a minimum usable open space of not less than 30 percent of the
total square footage of the lot area.
f. Shall provide that all open spaces to be used by children will be bounded by a
fence of not less than five feet in height, to be constructed of wood, masonry, or
other approved material.
g. Shall provide a landscape buffer in accordance with division 2.4 of this Code.
h. Shall comply with the State of Florida Department of Health and Rehabilitative
Services Child Day Care Standards, Florida Adrninistrative Code, chapter IOM-
12, effective March 11, 1986.
i. Where a child care center is proposed in conjunction with, and on the same
parcel as, a facility which is a permitted use, the requirements set forth in
subparagraphs a-h above, with the exceptions of [subparagraphs] d and e shall
be used to provide the protections to children using the child care center
intended by this section consistent with the development of the proposed
permitted use.
2[.1]. Chemical and allied products (groups 2812--2899).
3. Communications (groups 4812-4899 including communications towers that exceed
specified heights subject to all requirements of section 2.635).
4. Electric, gas, and sanitary services (groups 4911-4971).
5. Fabricated metal products (groups 3482--3489).
6. Food and kindred products (2011 and 2048 including slaughtering plants for human and
animal conswnption).
7. Leather tanning and finishing (3111).
Agenda Item No. 108
December 12, 2006
Page 9 of 11
8. Lumber and wood products (groups 2411. 2421, 2429).
9. Motor freight transportation and warehousing (group 4226, oil and gas storage, and
petroleum and chemical bulk stations, but not located within 500 feet of a residential
zoning district).
10. Oil and gas extraction (groups 1321, 1382).
11. Paper and allied products (2611).
12. Petroleum refining and related industries (groups 2911--2999).
13. Primary metals industries (groups 3312--3399).
14. Refuse systems (4953).
15. Rubber and miscellaneous plastics products (groups 3061-3089).
16. Stone, clay, glass, and concrete products (groups 3211, 3221, 3229. 3241, 3274, 3291-
3299).
17. Textile mill products (groups 2231,2261-2269,2295,2296).
18. Transportation by air (4581 airport flying fields).
19. Transportation services (4789 stockyards).
20. Wholesale trade--durable goods (groups 50] 5. 505], 5052, 5093). Wholesale trade--
nondurable goods (groups 5162,5169,5171,5172,5191).
21. Homeless shelters, as defmed by this Code.
22. Soup kitchens, as defmed by this Code.
23. Any other industrial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent statement of the district, as
determined by the board of zoning appeals.
2.2.16.4. Dimensional standards. The following dimensional standards shall apply to all permitted,
accessory, and conditional uses in the industrial district (I). Where specific development criteria and
standards also exist in the Golden Gate Master Plan, 1mmokalee Master Plan or in the future land use
element of the Collier County growth management plan, they shall supersede any less stringent requirement
or place additional requirements on development
2.2.16.4.1. Minimum lot area. 20,000 square feet.
2.2.16.4.2. Minimum lot width 100 feet
2.2.16.4.3. Minimum yard requirements.
1. Front yard 25 feet
2. Side yard The sum total of the side yards shall be 20 percent of the lot width, not to
exceed a maximum of 50 feet. This yard requirement may be apportioned between the
side yards in any manner, except that neither side yard may be less than ten feet. A zero
Agenda Item NO.1 08
December 12, 2006
Page 10 of 11
lot line option may be used only in conjunction with an existing structure built on the lot
line, or in conjunction with a unified plan of development involving one or more lots
under common ownership where the preceding yard requirements for this district are met
relative to the unified site.
3. Rear yard 15feet.
4. Waterfront. 25 feet.
5. Railroad ROW. No setback is required from a railroad easement, or right-of-way.
6. Yard abutting residential parcel. 50 feet.
2.2.16.4.4. Maximum height of structure. 50 feet.
2.2.16.4.5. Minimumfloor area. 1,000 square feet.
2.2.16.4.6. Maximum lot coverage. (Reserved.)
2.2.16.4.7. Minimum off-street parking and off-street loading. As required in division 2.3.
2.2.16.4.8. Landscaping. As required in division 2.4.
2.2.16.4.9. Lighting. Lighting shall be located so that no light is aimed directly toward a property
designated residential if lighting is located within 200 feet of residential property.
2.2.16.4.10. Distance between structures. If there is a separation between any two principal structures on
the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of
their heights, whichever is the greater.
2.2.16.5. Signs. As required in division 2.5.
2.2.16.6. Fence requirements. Outdoor storage yards permitted as a principal use of the property abutting a
residentially zoned property, shall be screened with a fence at least seven feet in height above ground level,
or landscaping equivalent or combination thereof. Said fence or wall shall be opaque in design and made of
masonry, wood, or other materials approved by the Site Development Review Director.
(Ord. No. 92-73, S 2; Ord. No. 93-37, S 3; Ord. No. 93-89, S 3; Ord. No. 94-27, S 3; Ord. No. 94-58, S 3;
Ord. No. 95-31, S 3; Ord. No. 97-83, S 3.B.; Ord. No. 98-63, S 3.A.; Ord. No. 99-46, S 3.A.; Ord. No. 00-8,
S 3.B.; Ord. No. 00-43, S 3.B.; Ord. No. 01-60, S 3.A.; Ord. No. 02-31, S 3.B.; Ord. No. 03-01, S 3.B.; Ord.
No. 03-55, S 3.C.)
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EXECUTIVE SUMMARY
Agenda Item No. 10H
December 12, 2006
Page 1 of 6
To provide information to the Board of County Commissioners outlining the extent of
changes, time schedules, issues and ramifications that can be associated with applying
concurrency at the time of rezoning in order for the BCC to discuss and provide the
County Manager or his designee the appropriate direction.
OBJECTIVE: To provide the Board of County Commissioners an analysis of staff time,
requisite changes to the Growth Management Plan (GMP) and Land Development Code (LDC),
legal issues, and possible ramifications that could be associated with implementing concurrency
at the time of a rezone.
BACKGROUND: The BCC conducted a workshop on September 19, 2006. At that time staff
was directed to prepare an executive summary outlining changes to the GMP and LDC, legal
issues, possible ramifications and time line associated with implementing concurrency at the
time of rezoning. Concurrency is presently determined at the time of Site Development Plan
(SDP), subdivision plat (PPL) or building permit approval.
......-.,
CONSIDERA TIONS:. The assessment will be inclusive of any changes that will be required to
the GMP, LDC, and all other applicable policies and procedures, including an assessment to
determine whether concurrency at the time of rezoning is permitted by Florida Law. An
explanation distinguishing consistency from concurrency was provided previously in a white
paper study entitled, Consistency vs. Concurrency (Transportation) and is attached hereto.
Pertinent GMP Elements that will require amending include the Future Land Use,
Transportation, Capital Improvement, and possibly other GMP Elements to maintain internal
consistency.
Staff time involved will be from Transportation Planning, Zoning & Land Development Review,
and Comprehensive Plaiming Departments. Staff will draft text changes, internally discuss and
finalize affected Elements, meet with stakeholders (such as the CBIA and DSAC) to compile and
create necessary data and analysis to support the amendments, and prepare necessary documents
(staff report, executive summary, transmittal resolution, adoption ordinance, revisions to
ordinance format, and legal notice advertisements). The GMP amendments are presented at
public hearing (both Transmittal and Adoption) before the Collier County Planning Commission
(CCPe) and BCC, and transmittal packages are provided to the Department of Community
~ Affairs (DCA) and other State agencies. This involves an estimated 200 to 300 hours of staff
time.
- 1 -
Agenda Item NO.1 OH
December 12, 2006
Page 2 of 6
These amendments may be considered as additions to the 2006 cycle of GMP amendments. A
hearing schedule for 2006 cycle amendments has yet to be established; however, a rough
estimate for transmittal hearings would be in late summer/early fall of 2007 and for subsequent
adoption hearings to occur at the end of 2007 or spring 2008.
The ability to adhere to above time line assumes the Evaluation and Appraisal Report-based
amendments are found to be in compliance. Compliance is determined during a 90-day DCA
review. If DCA issues a Notice ofIntent to find the GMP amendment in compliance, then a 21-
day challenge period follows, with issuance of the NOI advertised in the Naples.Daily News. If
DCA determines non-compliance, it would result in an administrative hearing that would affect
the estimated time line. An appeals consideration period then follows, indeterminate in length to
resolution. Accommodating these processes means the effective date of these amendments
cannot be set before early to mid 2008.
Pertinent Land Development Code (LDC) Sections that will require amending include LDC
Section 6.02, Adequate Public Facilities Requirement, LDC Section 10.02.07 (Currently, 50%
of the road impact fees are paid at SDPIPlat approval and the remaining 50% of the road impact
fees are paid at building permit issuance) and, possibly other LDC Sections to maintain internal
consistency.
Staff time involved will be from Zoning & Land Development Review, Comprehensive
Planning, and Impact Fee Departments, Office of the County Attorney, CDES Administration
and staff from the Transportation and Public Utility Divisions. Staff will need to draft text
changes, internally discuss and finalize, meet with stakeholders to compile and create necessary
data and analysis to support the LDC amendments, and prepare the same necessary documents as
noted above under the GMP process. The LDC amendments are presented at public hearings
before the Environmental Advisory Council (EAC), Development Services Advisory Committee
(DSAC), CCPC and BCC before filing with the Florida Department of State.
These amendments may be considered during the 2008 cycle of LDC amendments to begin in
January 0 f that year, based upon the estimate for proposed GMA amendments to be adopted and
found consistent by the State in early spring 2008. Another available option would be that the
BCC direct that a special LDC cycle be created for the "concurrency at time of rezoning" LDC
amendments.
.-
The ability to adhere to above time line again, assumes the Evaluation and Appraisal Report-
based amendments are found to be in compliance, as noted in the previous paragraph under the
-2-
Agenda Item No.1 OH
December 12, 2006
. Page 3 of 6
GMP process. Accommodating these processes also means the effectIve date of these
amendments cannot be set before early to mid 2009.
FISCAL IMP ACT: There will be the attendant costs associated with the 200 to 300 hours of
staff time associated with this GMP amendment and another 200 to 300 staff hours associated
with development and implementation of subsequent LDC amendments.
GROWTH MANAGEMENT IMPACT: The Future Land Use Element (FLUE),
Transportation Element (TE) and Capital Improvement Element (CIE) will need to be amended,
and possibly other Elements of the GMP to maintain internal consistency. Associated provisions
found in the LDC will need to be amended.
LEGAL CONSIDERATIONS: Analysis of legal considerations is to be provided under
separate legal memoranda by outside counsel, Nabors, Giblin & Nickerson, P.A., forthcoming no
later than December 8, 2006. The legal considerations will provide the substantive rationale for
a possible change to implementing concurrency at the time of rezoning. It is anticipated that the
legal memoranda will constitute a two-prong analysis. First, whether it is legal under Florida
Law to implement concurrency at the time of rezoning. Second, if so, what are the legal
parameters that must be established to implement this change and, what are the potential legal
and planning issues and ramifications associated with this change.
RECOMMENDATION: The Collier County Board of County Commissioners consider all
planning considerations, attendant fiscal impacts, growth management impacts and legal
considerations as the determinates whether to implement concurrency at the time of rezoning,
and if so, to direct the County Manager or his designee to draft Growth Management Plan and
Land Development Code amendments that are necessary to implement concurrency at the time
of rezoning.
Prepared by: Corby L. Schmidt, Principal Planner
Comprehensive Planning Department
Community Development and Environmental Services Division
- 3 -
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10H
December 12, 2006
Page 4 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
To provide Information to the Board of County Commissioners outlining the ex lent of
changes. time schedules, Issues and ramiflcallons that can be associated with applying
concurrency at the time of rezoning in order for the BeC 10 discuss and provide staff the
appropriate direction. (Joseph K. Schmitt, Administrator, Community Development)
12/1212006 9:0000 AM
Principal Planner
Date
Preps red By
Corby Schmidt
Community Development &
Environmental Services
Approved By
Comprehensive Planning
11120/200611:16:55AM
Randall J. Cohen
Community Development &
Environmental Sen/ices
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
11122120067:19AM
Constance A. Johnson
Date
Approved By
Comm unity Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1112212006 11 :49 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11/2212006 11 :54 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admrnstrator
Date
Community Development &
Environmental ServIces Admin.
11/30/20062:57 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
11130/20063:14 PM
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
12111200612:45 PM
Budget Analyst
Date
Approved By
Mark Isacks.on
County Manager's Office
Office of Management & Budget
1211/20062:26 PM
James V. Mudd
County Manager
Date
Approved By
Soard or County
Commissioners
County Manager's Office
1214/2006 9: 16 AM
Agenda Item No. 10H
December 12, 2006
Page 5 of 6
CONSISTENCY vs. CONCURRENCY (Transportation)
How can a proposed development be consistent with Policy 5.1 of the Growth
Management Plan's Transportation Element and not meet the requirements of the
Transportation Concurrency Management System?
Let's talk about Growth Management Plan Consistency.
When reviewing for consistency with Transportation Element Policy 5.1 of the Growth
Management Plan (GMP) the proposed development is being reviewed to determine if
the development significantly impacts a roadway segment already operating and/or
projected to operate at an unacceptable Level of Service (LOS) within the five year
planning period.
In addition, Capital Improvement Element Policy 1.1.2 defines significant impact on a
deficient road segment as generating a volume of traffic equal to or greater than 3% of
the adopted LOS standard of an impacted roadway.
When reviewing for Consistency the following traffic analyses is used to determine
whether the project significantly impacts the study area:
· On links (roadway segments) directly accessed by the project where project
traffic is equal to or exceeds 3% of the adopted LOS standard service
volume;
· For links adjacent to links directly accessed by the project where project
traffic is equal to or exceeds 3% of the adopted LOS standard service
volume;
· For all other links the project traffic is considered to be significant up to the
point where it is equal to or exceeds 5% of the adopted LOS standard service
volume.
Therefore, if the proposed development does not generate a volume of traffic equal to or
greater than 3% of the adopted LOS of the roadway segment it will impact, it may be
deemed consistent with the Growth Management Plan.
Now let's talk about the Transportation Concurrency Management System.
The Transportation Concurrency Management System is defined as a "real time"
concurrency system that tracks and allocates the available roadway capacity on a
continuous basis with quarterly status reports to the Board. Trips generated from
proposed developments will be added to the trips approved to date and the existing
background traffic counts to determine if there is available capacity for each new
development to be approved, in whole or part, as proposed development plans are
submitted.
Agenda Item NO.1 OH
December 12, 2006
Page 6 of 6
Therefore, to maintain the adopted LOS on roadways, the County implemented a
concurrency management regulatory program that ties issuance of development orders
to the demonstration of adequate capacity on all roadway segments that would be
significantly impacted by new development.
The program maintains an inventory of the following for each arterial and collector
roadway segment:
. Actual traffic on each segment as determined through an annual traffic
counting program,
. The peak hour service capacity as determined by engineering analyses
performed by the Transportation Services Division, and
. Capacity that will be used by new development for which a Certificate of
Adequate Public Facilities has been issued.
Therefore, Transportation Concurrency is a very detailed analysis of not only the traffic
impacts the proposed development will generate on the roadway segments, but it
includes the impacts that existing and future developments will generate on roadway
segments too.
Conclusion:
Differences in determining Consistency and Concurrency:
. Consistency analyzes whether the development will generate a volume of
traffic equal to or greater than 3% of the adopted LOS of the roadway
segment it will impact (for deficient roadways only).
. Concurrency analyzes impacts the development will have on the existing
traffic, the peak hour service capacity and the traffic that will be generated by
future developments (new/approved).
The above discussion has shown the differences between determining Transportation
Concurrency and Growth Management Plan Consistency as it relates to Transportation
Element Policy 5.1., and it turn answers the question: "How can a proposed
development be consistent with Policy 5.1 of the Growth Management Plan's
Transportation Element and not meet the requirements of the Transportation
Concurrency Management System?"
Prepared by:
Jean Jourdan
Senior Planner
Comprehensive Planning Department
8/17/06
Agenda Item NO.1 01
December 12, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide direction to the County
Manager or his assigned designee to change population methodology as requested by staff
and suggested by the Florida Department of Community Affairs (DCA).
OBJECTIVE: For the Board of County Commissioners to consider providing direction to the
County Manager or his assigned designee to change population methodology as requested by
staff and suggested by the Florida Depmtment of Community Affairs (DCA).
CONSIDERA TIONS: Comprehensive Planning Department staff annually updates population
estimates and projections, in accordance with the methodology set forth in the Growth
Management Plan (GMP), specifically Policy 1.1.2 of the Capital Improvement Element (CIE)
and Policy 4.8 of the Future Land Use Element (FLUE). These population figures are used to
prepare the Annual Update and Inventory Report (AUIR) and for general planning purposes.
This permanent population projection methodology, adopted in 2003, calls for using the High
Range growth rate from the University of Florida's Bureau of Economic and Business Research
(BEBR) for the first five years - with the first year always being the present year - and 95% of
High Range growth rate for all subsequent years.
Since the GMP was adopted in 1989, the High Range projections have been used for the first five
years; only the subsequent years' methodology has changed since 1989. At various times since
1989, the actual growth rate has been close to the High Range, close to the Medium Range, and
somewhere in between the two.
In addition to permanent population, staff also prepares peak season and weighted average
population estimates and projections, both of which are derivatives of permanent population
figures. Peak season population represents the average daily population during the peak season -
a combination of the permanent population and the visiting population, whether visiting for one
night, one week, or a few months. Past research has shown the peak season population to be a
33% increase over the October 1 permanent population for the entire county, less Immokalee,
and a constant 15,000-person increase over the October 1 permanent population for lmmokalee.
Weighted average population represents a combination of the October 1 permanent population
and the peak season population (67% of Oct. 1 permanent pop. + 33% of peak season pop.), and
equates to about 11 % above the October 1 permanent population. Therefore, weighted average
population is more conservative than permanent but less so than peak season. With the
exception that the lmmokalee peak season increase was modified in the early 1990s, the peak
season and weighted average methodologies have not changed since Plan adoption. However,
neither the peak season nor weighted average population methodologies were ever adopted in the
GMP. Rather, the peak season methodology was fully explained in the FLUE Support
Document but the weighted average methodology was only vaguely noted there.
On May 16, 2006, the BCC approved for Transmittal to the Florida Department of Community
Affairs (DCA) and other state and regional agencies, the Evaluation and Appraisal Report
_ (EAR)-based GMP amendments. After review of these proposed amendments, DCA rendered
their Objections, Recommendations and Comments (ORC) Report; in it, they raised multiple
Objections to population methodology. In particular, DCA objected to use ofBEBR High Range
Agenda Item NO.1 01
December 12, 2006
Page 2 of 5
projections and to use of weighted average population. After much dialogue, it is clear DCA
stands firmly behind their Objections and, if adopted as transmitted, a non-compliance finding
for the population-related amendments is certain to be forthcoming. DCA recommends use of
the BEBR Medium Range projections for permanent population, and elimination of weighted
average population which is to be replaced with use of 100% of the peak season population;
DCA recognizes we experience a sizeable seasonal increase, and defers the peak season
methodology to that which is deemed appropriate by Collier County.
In reaction to DCA's strong position, and after further review of past and present growth trends,
staff is of the opinion that: a) although High Range projections were mostly suitable in the past,
they are not at present; b) Medium Range projections are now more appropriate; and, c) using
peak season, not weighted average, methodology is appropriate, though present peak season
methodology needs to be further evaluated upon availability of all needed information.
-
Additionally, staffs analysis and further review reveals the following:
. In 1999, the BEBR High Range projection for year 2000 was ::t5,000 persons higher than the
subsequent 2000 Census estimate, whereas the Medium Range projection was ::t17,000
persons lower.
. The 2005 BEBR estimate compared to the 2000 Census estimate indicates the average annual
population increase from 2000-2005 was ::t13,300 persons.
. In the latest BEBR Bulletin, the High Range and Medium Range projections for 2010 yield
an average annual increase of ::t19, 700 persons and ::t13,800 persons, respectively.
. Residential building permit certificate of occupancy data from 2000-2006 (by Census year)
shows an average annual increase of6,610 units; yearly totals range from 4,716 to 8,022.
. Comparing Census data from 1990 and 2000, there have been changes in occupancy/vacancy
rates and percent of vacant units held for seasonal use, both of which suggest there may be a
need to adjust the 33% increase presently used to reflect peak season population.
FUlihermore, analysis of seasonal population within specific geographic areas of the county
is also necessary. This analysis will ascertain any disparities that could affect the county-
wide seasonal population rates as said rates may have to be adjusted while taking into
account the interrelationship between peak population that is only served by Collier County
public facilities. It is possible that the cities of Marco Island and Naples may have an upward
effect on seasonal population rates in unincorporated Collier County which would then result
in a corresponding increase in peak population beyond what is served by Collier County
public facilities. However, additional data, not presently available, is needed to make that
detennination.
Below are countywide population projections using present and proposed methodologies.
2019
578,649
October 1 Countywide Permanent Population Projections - PROPOSED Methodology
- (BEBR Medium Ran e Pro'ections)
2005 2010 2015 2019
324,158 392,876 457,286 505,998
2
c:
~ 450,000
~
:;
Q.
~ 300,000
750,000
600,000
150,000
Countywide Permanent
Population Projections
o
Agenda Item NO.1 01
December 12, 2006
Page 3 of 5
-EXlSnNG
Methodology
-PROPOSED
Methodology
2005
2010
2015
2019
2019
643,279
Seasonally Adjusted Countywide Population Projections for AUIR - PROPOSED Methodology
(Peak Season - based on ro osed Permanent ro'ections
2005 2010
438,080 528,929
750,000
600,000 I
c:
~ 450,000
~
:;
Q.
o
Q. 300,000
150,000
-
Year
2015
614,078
Seasonally Adjusted County Population
Projections for AUIR
678.4 7 4
o
2005
2010
2015
2019
Year
3
2019
678,474
- EXISnNG
Iv'ethodology
- PROPOSED
Iv'ethodology
Agenda Item No.1 01
December 12, 2006
Page 4 of 5
FISCAL IMPACT: The requested direction itself will have no fiscal impact. The resulting
GMP amendment, if so directed and subsequently approved, may have some fiscal impact to
Collier County.
GROWTH MANAGEMENT IMPACT: The requested direction will result III a GMP
amendment being brought to the Board for consideration.
LEGAL CONSIDERATIONS: This is a policy decision within the Board's discretion. The
actual decision to adopt a GMP amendment to revise population methodology will be considered
at a later date.
RECOMMENDATION: That the Board direct the County Manager or his assigned designee
to:
1. Use BEBR Medium Range projections for permanent population;
2. Use peak season methodology only - discontinue weighted average methodology; and,
3. Further evaluate peak season methodology for accuracy/appropriateness once the needed data
becomes available and, if a change appears warranted, bring to the BCC for direction.
Prepared by: David Weeks, AICP, Comprehensive Planning Manager
Comprehensive Planning Department, CDES Division
ExSum request pop. methodology change
G: ComplEAR Amendment Modifications
dwI12-3-06
-
4
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No, 101
December 12, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
101
Recommendation that the Board of County Commissioners provide direction to the County
Manager or his assigned designee to change population methodoiogy as requested by staff
and suggested by the Florida Department of Community Affairs (DCA). (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
12112/200690000 AM
Chief Planner
Date
Prepared By
David Weeks, AICP
Community Development &
Environmental Services
Approved By
Comprehensive Planning
1214/200610:23:14 AM
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
12/41200610:48 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
121412006 11 :16 AM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1214120063:18 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
12/5120068:12 AM
Mark lsbcl~son
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
12151200610:19 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's. Office
Office of Management & Budget
1215/200611 :51 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
12/6120069:32 AM
Agenda Item No. 10J
December 12, 2006
Page 1 of 40
EXECUTIVE SUMMARY
Presentation of Community Development and Environmental Services Division (CDES)
reorganization as directed by the Board of County Commissioners based on goal to provide
more focus on the core mission functions of the organization.
OBJECTIVE:
Present results of operational analysis related to potential CDES reorganization options and
receive policy Board direction to proceed with implementation
CONSIDERA TIONS:
Previously, the Board of County Commissioners requested that the County Manager review the
organizational structure of the Community Development and Environmental Services
organization and report back on potential reorganization options that would result in an improved
ability to focus on the core mission functions of the division.
--
The County Manager assigned the Senior Management and Operations Consultant to create a
reorganization plan within CDES to achieve the objective of focusing on the core mission
functions. For the past year and a half, the Senior Management and Operations Consultant has
conducted a series of analyses in CDES and has gained familiarity with the organizational
structure, the functions performed, the management structure and the issues facing the division.
Based on this background and a more in-depth analysis performed for this purpose, several
options are presented for consideration and provided in more detail in the attached exhibits.
All existing functions can rationally remain part of CDES. Today CDES is organized, staffed
and equipped to develop, interpret, apply and enforce all aspects of the Collier County Growth
Management Plan, the Collier County Land Development Code, the Collier County Code of
Laws and Ordinances and the Florida Building Code. However, it is logical to refine the
defmition of mission critical functions to those that are regulatory in nature such as zoning and
land development review and permitting, inclusive of engineering and environmental review,
and building review and permitting, versus those that are operational in nature. With this view,
the three candidate departments to evaluate for potential divestiture became: Code Enforcement,
Housing and Grants and Natural Resources (waterways, reefs, sea turtle programs and
Conservation Collier). The table below outlines a high level view of the divestiture
recommendations.
The attached Exhibits A and B provide a detailed analysis of these and other options evaluated.
..-
It is assumed that a Change Management Plan would be developed for any of the divestiture
options selected to provide for an organized reassignment of staff, functions, assets, etc., and to
plan for any additional coordination between different departments or divisions that may arise to
ensure all requirements continue to be met.
Agenda Item No. 10J
December 12, 2006
Page 2 of 40
Dcpartmcnt Rcorganizat ion RCl'olllllll'ndation s
Code Move Code Enforcement out ofCDES to the Sheriff's Office, if they are
Enforcement willing to accept. Discussions currently in progress to fully investigate this
possibility; pending response from Sheriff's Office. See also Legal
Considerations section.
Executive Create a Deputy Administrator position to oversee and improve internal
operations and manage day to day focus on core mission functions.
Operations Free up a director level position to be reclassified to the Deputy position by:
Support and
Housing . Moving the Housing and Grants Section out of COES and place it
within the Public Services Division
. Relocate the Support Operations functions within CDES to report to the
Deputy Administrator
Natural . Move Sea Turtle Monitoring out of CDES and place it in the Public
Resources (in Services Division
Environmental
Services) . Move Conservation Collier out of CDES and place it in the
Administrative Services Division
. Move the Waterways functions out ofCDES as identified below
Coastal Zone Create a new Coastal Zone Management Section within the Public Services
Management Division, and
. Transfer 3 Beach Re-nourishment positions from Tourism
. Add beach raking (already in P&R)
. Add the Waterways Markings/Artificial Reef/Derelict Vessel functions
from Environmental Services
The attached analysis (Exhibit A in particular) outlines the rationale for a Deputy Administrator,
in significant detail. It is recommended that a Deputy Administrator position be created to
provide daily operations management, with a focus on transfonning the internal operations into a
world class permitting operation where we would focus on the customer, efficient and effective
internal operations, and high quality and timely output. The Administrator and the Deputy
would work together to set the direction and manage the changes set forth to meet the goals. In
addition, we would look to achieve these benefits: improve overall review durations, eliminate
internal boundaries that cause friction, organize the process the way the customer experiences it,
increase coordination and knowledge sharing at all levels, create authoritative focal point for
customers below the Administrator, increase process and product consistency, improve reporting
on and accountability for key metrics, and foster collective problem solving and resource
allocation. The Deputy would provide general guidance and advisement to the Administrator on
all areas of operation. In summary, this is the person we would look to in order to improve
internal operations across departmental boundaries through the effective design and use of
metrics, management, technology and authority.
Agenda Item No. 10J
December 12, 2006
Page 3 of 40
Any organization that has had substantial increase in volumes with accompanying staff level
increases (especially with very few management staff members added) will at some point need a
re-stabilization period to look at processes, customer expectations, expediency, consistency, etc.
That time is now for CDES and it is unrealistic to expect the Administrator to have enough time
personally to work at the right level of detail to identify and manage needed change for the
betterment of the organization and the customer. Today, the majority of the Administrator's time
and energy is focused on leading and directing the seven subordinate directors and two separate
offices, as well as on customer issues related to zoning and land development review, public
meetings related to zoning and land development such as BCC meetings and workshops,
Planning Commission Meetings, Land Development Code public hearings, and all associated
meetings with respect to amending and enforcing elements of the Growth Management Plan.
A second in command, would give the Administrator a principal manager to focus on internal
operations and processes across the organization and would serve as a key resource to improving
focus on and execution of the core mission ofCDES, whether any of the divestiture options are
enacted or not. Attached, as Exhibit C, is a draft job description which outlines in more detail
the anticipated functions of the role.
FISCAL IMPACT: Once decisions are made, detailed planning will need to occur including
any fiscal and budget impacts of decisions. Considerations might include costs to relocate staff
members including possible rental facilities, budget amendments to place personnel and
associated budgets in correct departments and budget centers, reassignment of physical assets
(such as water and motor vehicles).
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: There is no express prohibition, in state or local law, against
moving Code Enforcement from BCC to CCSO. Details of the transfer would most likely be
memorialized in an inter-local agreement between the BCC and CCSO. Other counties
(Seminole, in particular) have employed similar arrangements and have not faced legal
challenges. However, under Florida statutes, the responsibility for establishing and enforcing
county ordinances, and for providing administration for these functions, ultimately rests with the
BCe.
RECOMMENDATION: It is recommended that the Board of County Commissioners accept
the CDES reorganization plan and direct the County Manager to proceed with reorganization
implementation to realign the division with greater focus on the core mission functions and to
approve all necessary budget amendments associated with this reorganization.
Prepared by: Kimberlev Grant, Senior Mana2:ement and Operations Consultant
-
Agenda Item No. 10J
December 12, 2006
Page 4 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10J
Meeting Date:
Presentation of Community Development and Environmental Services Division (CDES)
reorganization as directed by the Board of County Commissioners. based on goal 10 provide
more focus on the core mission functions of the organization (Kim Grant. Senior Operations
and Management Consultant)
12/12/2006 9:00:00 .~M
Prepared By
Kimberley Grant
Senior Budget Analyst
Date
County Manager's Office
Office of Management & Budget
12/4/20065:22:28 PM
Approved By
Kimberley Grant
Senior Budget Analyst
Date
County Manager's Office
Office of Management & Budget
12/4/2006 5:33 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
12/51200611:52 AM
Approved By
James V. Mudd
COlmty Manager
Date
Board of County
Commiss.ioners
County Manager's Office
12/6/20065:24 PM
Agenda Item No. 10J
December 12, 2006
Page 5 of 40
Exhibit A
Consideration of Potential Reorganization Options
In Community Development and Environmental Services
December, 2006
Prepared by: Kimberley Grant, Senior Management and Operations Consultant
Contributions by or consultations with:
Mark Isackson, Budget Analyst
Cheryl Pryor, Budget Analyst
Mike Smykowski, Budget Director
Joe Schmitt, Administrator, CDES
Bill Lorenz, Director Environmental Services
Staff of Environmental Services
Denton Baker, Director Operations Support and Housing
Staff of Housing and Grants
Michele Arnold, Director Code Enforcement
Staff of Code Enforcement
Marla Ramsey, Administrator, Public Services
Marcie Krumbine, Director, Human Services
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 6 of 40
Table of Contents
Purpose 3
Decision Making Framework 3
Overall Recommendation 3
Mission Critical Functions Details 4
Organizational Chart Display of Options
CDES 5
Public Services 6
Detailed Options Discussion
Deputy Administrator 7
Operations Support and Housing 9
Environmental Services and Coastal Zone Management 12
2
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 7 of 40
Purpose
A question has been raised as to whether all functions within the Community Development and
Environmental Services Division (CDES) are core to achieving the mission of the division. There is a
desire to evaluate the impact of reassigning any "distractor" functions, should any be identified.
High Level Discussion of Decision Making Framework
All existing functions can logically and rationally remain part of CDES. However, it is also logical to
refine the definition of mission critical functions to those that are regulatory and planning and land
development in nature versus those that are operational in nature. With this view, the three candidate
departments to evaluate for potential moves became: Code Enforcement, Housing and Grants and Natural
Resources (waterways, reefs, sea turtle programs Conservation Collier). A main consideration in the
examination was whether separating the operational aspects from the planning and regulatory aspects of the
same subject areas would provide additional focus on the core mission, or whether it would simply create
more work, coordination, etc to accomplish the same goals coordinating between different organizations.
In addition to looking for areas to divest, other organizational options were reviewed that could clearly
provide more focus on the core mission critical functions, regardless of other functional reassignments.
Overall Recommendation
· Move Code Enforcement to the Sheriffs Office, if they are willing to accept that responsibility.
Discussions are in progress at the present time to fully investigate this possibility.
· Create a Deputy Administrator Position to oversee and improve internal operations
· Do so by reorganizing the Operations Support and Housing Department and freeing up a director level
position to be reclassified
o Move Housing and Grants planning and grants planning and administration functions to
Zoning/Planning Department in CDES (create an affordable housing and grants section)
o Move Housing and Grants financial functions and EDC liaison functions to Financial and
Operations Management Department in CDES
· Or, alternatively, merge housing and grants functions with Human Services
o Move Support Operations to report to the Deputy Administrator
· Create a new Coastal Zone Management Section in the Parks and Recreation Department within the
Public Services Division
o Transfer 3 Beach Re-nourishment positions from Tourism
o Add beach raking (already in P&R)
o Move the Waterways Markings/Artificial Reef/Derelict Vessel functions from
Environmental Services to Parks and Recreation
3
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No, 10J
December 12, 2006
Page 8 of 40
. Leave Sea Turtle Monitoring and Conservation Collier in CDES (preferred) or, alternatively, move
them to Parks and Recreation (but not under the Coastal Zone function). In either event keep as many
Natural Resource operational functions together as possible to continue to allow for resource sharing.
High Level View of Departments and Mission Critical Functions
The basic tenet for selecting candidates to be divested is that CDES is a planning and regulatory division.
Operations functions may be relocated with little diminishment of the core mission, where rational. In any
relocation, do not further disseminate like functions, unless value add can be demonstrated.
r~~~7~--~:~~::':~"~~~~:~;~:':~~-~ ~~ .~.~~__~_ft ~''Jl=~':~~~-~:~~ ~1H~"'7:~~'~~~~~rr~~:~~:~~~-~"f"~ ~-"r;~~~r~
" ':iC")r'~' 1'\', '11' "vI ',!~'\i:)rc.)L}'; I~J Iii, I ".;11" ',,( I 'l, :',,'.lfhpl:.! fi:lf:;[ ~~fl\\fil [,>~I':::J 'J
: ' _ ~ " \.", f'.h l' "~. " ,. I' ) ~. _ _ _ . . 1 ~ I , ~" I _ I , , J ',~
! "\'~I:..yC)rl~iY;.f:-!'r .", "t,.' I ""r """'f""1 1.\ '. "1" <:'J j:,.) \"I,'j~,\;.,. 'i' '" } 1
I" ',=,}.;,~,: ", '."'I.;;lr"l 1\ :J: ('~?-:I .r,:JrilLi'i,,:,.,I,, \ ,Ii ".!' :';'.) ,)' '." ~A-'if"1J ,'1,1.( ]1,.. . , '!
6' ',}, @a!J';j!' ,i\~~'~~~'i:jHi~J;;'tl);t' R~;;),iQ:'r~':1;1~W'1~1")Rtl ,10J;' \~l' )1'\:11;;bi"::\.~ln~"1 ~lIjf'J.)J~~t"l'ifl~,\_~I,,);ql i"t~~I~]~' i,', . . ., / "-~
"...~ .....J~~~~~ 1_.. J,,:l... ~ '" .......~ r.>iiIit:~:tl'"''''~lW;'') _j';r....~.,:J...Ll5Jld~ .L"..,.,,__J._,_~.l.:. lu.CLij_'"__DJ""",,,-,",,,,,,,,,,,,,",_.._,...J. ..""", i.C _~'t.." *~ "'.:.'.i...JW.l...."'~ i:Zl.;! ~~~
i'iKEy,'FLINcrfoNAl'AREA-i,.ii'
Division % Time work
Ops related to other
Department Planning Regulatory Operations Support CDES Depts
Admin Office X X X 100
Business Management and Business Ofc X X 100
Buildina Department X 100
Comorehensive Plannina X X 80
Zonina/Plannina X X 95
Engineering X 95
Code Enforcement X 20
Environmental Services
Plans review X X 95
LDC/GMP involvement X X 100
Waterways Mana~wment
Manatee Protection Plan X X 80
Waterways - aids to naviqation X 0
Artificial Reefs X 0
Derelict vessel X 0
Habitat/hurricane clean-up X 0
Sea Turtle Monitorinq X X 10
Conservation Collier X X 0
Operations and Housina
Switchboard, Addressinq, Records, GIS X 100
Housinq
Affordable housina dev. X X 70
Grants Admin X X 20
Operations/1m plementation X 15
Direct Services X 15
Financial Support X 15
EDC Liaison/support X 0
n= under consideration for movement
4
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 9 of 40
Once the candidates were identified, reassignment options were explored as are shown on the following
two organizational charts.
Options, CDES Portion
Reallocate all non-core functions in some fashion, Create Deputy Position
(Establish Coastal Zone Manager in Parks and Recreation Department of Public Services)
COES Options
Comprehensi.e
Planning
Director
Operations and
Financial Mgmt
Manager
Zoning Director
Murray
Redevelopment
Manager
Site Plans
I mpact Fee
Manager
Growt.'l
Management
Manager
Land Use
BudgeU
FinancialOps
Grant Financial
Mgml
(If dept slays)
Administration!
Intake
Accept Linkage
Fees/EDC
liaison work
Housing and
Grants
Positions out of COES
Environmental:
Housing and Grants (Alternative):
10 positions to Human Services
Internal Moves:
10 Housing and Gran':s to Zoning
2 and Glcnts le, Ops Mgmt
J. Schmitt
Administrator
Administration!
Assistants
In.estlgators
Plan and and SHIP Financial
Procure Execution (2)
Engineering
Director
K~ck
En\'ironmental
Director
Lorenz
Building Director
Hammond
EDCliaison
Inspections
Manager/Projec1
Re.iew
Permrtting
Customer SeNicel
Administration
PrOject Review
Manatee Protection
licensing
PUD Monitonng
Regulatoryl
Committee
Nat Res
Inspection~lan
Review
5
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item NO.1 OJ
December 12, 2006
Page 10 of 40
Options. Public Services Portion
Reallocate Housing and some Environmental Services functions, as well as moving Beach Projects from
Tourism Department
(Establish Coastal Zone Manager in Parks and Recreation Department of Public Services)
Public Services Options
M. Ramsey,
Administrator
Administration!
Assistants
Parks & Rec
Di rector
Williams
Human Services
Director
Krumbine
Services
Director
DAS Director
Castorena
Library Director
Mathes
Museum
Director
Janro
Assistant Director
Donner
Positions into Public Services
Mktg
i 3 from Tourism (Beach Renourishment)
3 positions (Sea Turtle)
1 position {W();tervvayslArtifida! Reef}
4 Regional
Beach Managers
Housing and Grants (Alternative):
12 positions to Human Services
Operations
Internal Moves:
Organize Parks Projects (3) and Beach
Raking (?) under new Coastal Zone
Management Function
Field SupelVisor
L
Veteran Services
Director
Kraley
Senior Program
Services
Human Services
RSVP Program
Hoysing and
...... Grants
(incl Fiscal)
ALTERNATIVE:
Leave in tOES
By far, the most significant benefit to be obtained for the CDES organization at large, is the ability to create
a Deputy Position by reassigning the functions under the current Operations Support and Housing
Department. There is little benefit to the core mission of CDES to make any of the other optional moves.
Therefore, reassigning the Housing and Grants and other operational functions under the current director
either by internal or external moves is the primary recommendation resultant from this analysis.
6
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 11 of 40
More Detailed Discussion of Options and Findings
Creating a Deputy Level Position
In addition to potential divestiture options, another perspective is to evaluate what additional restructurings
or specific roles might be created to help achieve more focus on the mission critical functions. It is with
this perspective the following recommendation is offered.
The current Administrator has overseen an improvement in the integrity of land use review and approval,
and has worked to hold department directors accountable for the functions under their direction. Some are
more successful than others, and the end product provided by the division is considered to be high quality.
However, this department by department approach to accountability, while a vast improvement over prior
periods, has unintentionally led to a myopic view of the customer, the process and what each defines as
success. We find today that we have a decentralized, fractionalized approach to our service delivery with
long cycle times and dissatisfied customers. In addition, the Community Development Division has grown
by 39% over the last 4 years, from 225 employees to its current level of 303 staff members, with the net
addition of only 2 managers during that time. The increased ratio of staff to managers has contributed to
the inability of management staff to take time to work effectively together to achieve goals. Also, the
division continues to experience increased volumes and customer demands for their diverse services.
The facts and experience support that the current decentralized, functionalized approach is not as customer
oriented, consistent, reliable, efficient, or flexible as we desire it or need it to be. And, it does not
organically motivate or encourage cross departmental communication for the benefit of staff or for the
benefit of our customers. This makes it difficult to assign appropriate authority or collective responsibility,
and customers have to negotiate through our vertical organization to achieve their objectives. As a
regulatory and enforcement division, charged with applying and interpreting the complex Land
Development Code and Florida Building Code, it is important to recognize that a "natural" contentious
relationship between applicants and staff may always exist, at least to some degree. This has likely been
exacerbated by the tremendous growth in volume of transactions over the last few years. Further, staff, as a
regulating agent, is not licensed to nor can it le~ally serve in a capacity as a consultant or design
professional and it is further recognized that maintaining the appropriate balance between regulator and
partner is a difficult charge.
To mitigate this natural tension to the greatest extent possible, it is time to continue the evolution of the
division by adding timeliness, customer focus and improved service delivery methods to the equation, from
an operations perspective. In order to do this it is important to break through the myopic views and
processes by assigning someone the responsibility for managing the internal daily operations and by
managing and measuring the process through all the departments and all the process steps that are the
customer experience.
7
Agenda Item No. 10J
December 12,2006
Page 12 of 40
Consideration of Potential
CDES Reorganization Options
December, 2006
It is recommended that a Deputy Administrator position be created to provide this daily operations
management, with a focus on transforming the internal operations into a world class permitting operation
where we would focus on the customer, efficient and effective internal operations, and high quality and
timely output. The Administrator and the Deputy would work together to set the direction and manage the
changes set forth to meet the goals. In addition, we would look to achieve these benefits: improve overall
review durations, eliminate internal boundaries that cause friction, organize the process the way the
customer experiences it, increase coordination and knowledge sharing at all levels, create authoritative
focal point for customers below the Administrator, increase process and product consistency, improve
reporting on and accountability for key metrics, and foster collective resource allocation.
Specifically, the Deputy would accept delegated responsibilities associated with overseeing internal
operations and related tasks. Duties would include evaluating and improving the existing processes while
breaking through the traditional functional lines, identifying and managing process and technology
improvements that emphasize the horizontal nature of the process, and collectively reviewing and
evaluating staffing requirements to meet the goals of the division and the customer. The Deputy would
provide general guidance and advisement to the Administrator on all areas of operation and likely handle
such issues as space management, for example.
In order to successfully transition the existing culture and practice, an effective leader is required who can
shepherd the directors, the staff and the underlying infrastructure, through a change process. We need an
active catalyst with the authority to make the right things happen and to steer the course when the
difficulties arise. The current Administrator certainly has the vision, experience, management style and
ability to guide this transformation. However, this is a full time focus, and the Administrator has other key
duties that preclude him from spending the time needed to accomplish such a change and focus consistently
on detailed daily operations.
Benefits to Customers and other B{'nctits to
Externall'a."tllcrs CDES/BOCC
. One person with authority and purview over
the entire daily operational process (instead of
director by director approach)
. Improved project durations
. Certainty in the process and product
· Consistent standards
. Transparent internal processes
· More productive staff relationships
· Improved tracking and management
. Better and collective communication on
important changes
. One person with authority and purview over
the entire daily operational process
· Fewer customer complaints
. More operational flexibility
· Fewer repeat reviews
. Decreased internal and external conflicts
. Preserves the integrity of the Director role
· Fewer priority shifts
. Administrator can redirect to more value added
community contact and macro issues
8
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 13 of 40
Operations Support and Housing:
With respect to the operations functions currently under the Director of Operations Support and Housing
(records, switchboard, GIS/Graphics), these functions already report to a manager who can be assigned to
work directly for the Deputy.
With respect to the Housing and Grants Department, initial consideration had been given to options for
breaking apart the department into 3 key areas: Planning, Execution (possibly further divide by customer
or grant type) and Financial oversight. Upon further analysis it is strongly recommended that the fIrst two
of these 3 key areas remain together, and that the third be in the same division (or department) as the other
two. The main reason is to preserve the continuum of services provided by the department. Please see the
below functional flowchart for further details.
Housing and
Grants Services Continuum
Fiscal management staff supports all grants fiscal activity and could be
removed from this department as long as appropriately skilled
individuals have the fiscal oversight responsibility.
Plan development would
require more layers
of organizational
involvement if not
with' functions.
Kev Messaqes:
'=c1early a COES core function
**= Administer all 3 grant types all of which can be for developers or for
individual customers, serve developer and individual customers; probably
impossible to effectively separate by either customer type or grant source
.
t
General: Disturbing this continuum would make it more difficult to achieve
affordable housing goals, due to the need to coordinate across additional
management and divisional lines. Even with absolutely ciear tie to
COES, it is more important that the functions remain together than be in
COES, shoud it be necessary to consider a movement of any kind.
. '. . Apply}or, '.'
. ; assistance for. .
h'ome. purchase"
Apply for other
individual
. asslstanc
9
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 14 of 40
Two rational organizational options exist. The first is to retain the functions within the CDES organization
(but move the Planning and Implementation sections to Zoning and the financial section to the Financial
Management section). The major benefit to this option is to retain the close working relationship between
the Affordable Housing group and the rest of the regulatory and development process. Every single PUD
or rezone submitted in 2006 has had an affordable housing element to it. Every SDP submitted must be
reviewed by the Affordable Housing manager. There is an Affordable Housing Element in the GMP.
Affordable Housing is integral to and organizationally best aligned with the rest of the Community
Development process. The housing function within CDES is essentially a planning and zoning function. It
accomplishes this by promoting the development of and assisting developers in evaluating the financial
incentives associated with affordable housing as well as integrating elements of affordable housing into
proposed developments. It is not an element that manages the operations related to and the physical
building of affordable housing.
The other organizationally rational option is to merge the Housing and Grants department with the Human
Services Department in the Public Services Division. The current mission of the Human Services
Department is to provide assistance to low income people and senior citizens of Collier County. This is
primarily accomplished through a direct services/case management methodology. There is a similar
component of direct services in the Housing and Grants (H&G) department, primarily assisting
homebuyers with guidance and financial assistance through the SHIP program, and also providing home
rehabilitation assistance for qualified individuals. This small component is a reasonably close fit with the
existing mission and methodologies of the Human Services Department, and would provide an additional
service (housing assistance) to the generally same population. In addition, the Director of Human Services
has some experience with direct services to first time home buyers.
The H &G department also has an additional client base, the developers and contractors involved in
executing the affordable housing requirements in Collier County. It is for these clients that the service
continuum outlined above has the most significance, for the eventual benefit of the homebuyers. The H&G
department is able to work with developers from conceptual stage all the way through putting qualified
individuals into the affordable housing units. Even though this customer base is very different from the
individual services customer, again it is recommended that these functions remain together. Both
departments today work with local not for profits and, to a lesser extent, developers.
The Human Services and Housing and Grants departments also both have fiscal staff. It is anticipated that
the current functions and duties may be different based on the different levels of grants being managed. It
would be imperative that the evolved grant fiscal management and oversight acumen existing in the
Housing and Grants Department be effectively managed in the new organization.
,_."
10
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 15 of 40
If this move were to take place, the mission of the Human Services Department would need to be enlarged
to include the Housing and Grants elements. Perhaps the department may even consider a name change to
Housing and Human Services or something along those lines. Further, a more detailed study would be
needed to determine the precise organization required to best manage the new functions (for example,
would we have all direct services staff report to a direct services supervisor?).
An added burden to the management of the Human Services Department and the Public Services Division
would be any work related to development of and approval of GMP and/or LDC changes. This also
necessarily places an additional burden on the CDES Administrator and staff to coordinate across
divisional boundaries in both the language development and interpretation processes and when any code
application conflicts arise.
11
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 16 of 40
Environmental Services and Coastal Zone Management Department
With respect to the Environmental Services Department, consideration has been given to removing the
majority of the Natural Resources functions. It is true that these functions are primarily operations or
execution in nature, and not regulatory or planning in nature. The big issue with potentially removing these
functions is moving them to an organization where they do not have management staff with Environmental
expertise. The other issue is that the Natural Resources staff cross utilizes both the expertise and actual
time of each other in accomplishment of their duties. It is estimated that this is approximately 10% of time
spent in total. Therefore, if the functions do move, it is strongly suggested that they remain within the same
organization so that this support structure can be retained. (Please see below chart for more details).
ENVIRONMENTAL SERVICES: OPTIONS
Environmental
Services
Support to all other
Natural Resources
functions, GIS,
committee staffing
Policy setting. land
identification, land
management (Real
Estate functions handled
by real estate dept.)
8 staff
members
10% Policy
90%
Regulatory
0%
Operational
Policy/Regulatory (Manatee prot.
plan, LOC and GMP support).
operational (waterways markings,
artificial reef construction. assist wi
other nat res functions)
Operational, support to other
natural resources functions.
oversight of beach re-nourishment
projects as relate to STM
1.5 staff members
50% Policy
10% Regulatory
40% Operational
2.5 staff members
10% Policy
0% Reg ulatory
90% Operational
2 staff members
50% Policy
(Manatee Protection Plan)
10% Regulatory
40% Operational
3 staff members
0% Policy
20% Regulatory
80% Operational
10% shared resources and continuous shared expertise across natural resources functions
w
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There is interest in creating a Coastal Zone Management Function (CZM) within the Parks and Recreation
Department of the Public Services Division. The main goal is to better align the Beach Re-nourishment
and related functions with similar parks projects and waterways projects. Therefore, consideration has
been given to moving the waterways and artificial reef functions from Environmental Services to this
group. This is completely rational and is a better fit than in the Environmental Services department. It is
12
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 17 of 40
encouraged to follow through on this 1 FTE reassignment. Consideration will need to be given to artificial
reef monitoring (needs more than one certified scuba diver to handle) and asset allocation (boat).
There is also consideration being given to moving the Sea Turtle Monitoring functions under this new
CZM section. It has been discovered that the State of Florida will not permit the person managing beach
re-nourishment projects to directly oversee the sea turtle monitoring efforts. The primary reason is that it
creates a conflict of interest. The purpose of the sea turtle monitoring efforts (which occurs before, during
and after [5 years] a beach re-nourishment project) is to assure that the re-nourishment project does not and
will not negatively affect the sea turtle nesting and other natural aspects of their life cycle and use of the
beaches. Essentially, using the old analogy, it is essential to avoid asking the fox to watch the hen-house.
It does appear that as long as there is one level of management between the two sections no rule would be
violated. Therefore, moving the Sea Turtle program to Parks and Recreation and therefore closer to the on-
going beach and water activities is acceptable as long as it does not directly report into the beach re-
nourishment manager. Due to the expertise of the program manager, this program relies fairly little on the
existing director for expertise and guidance, yet relies, as noted above, on use of other Natural Resource
staff members (and offers the same) for accomplishment of the work requirements.
Regarding moving Conservation Collier (CC) out of the Natural Resources Department it is important to
look at what the four core functions are: a) developing and revising program language, operating
procedures and developing financial plans, b) staffing the Collier County Land Acquisition Committee and
assisting in the application and site selection process, c) property acquisition (presently handled by Real
Estate Services section) and d) development and execution of Land Management Plans. Looking forward,
(the program is relatively new, about 3.5 years old) as the program evolves, the majority of the time will
eventually be in the Land Management component (both developing the plans and executing them.)
The function requiring the least environmental expertise (besides the property acquisition) is the execution
of the Land Management Plans, presenting an opportunity for synergy because similar functions are
already managed by Parks and Recreation staff (direct and contracted services) confirm this.
Unfortunately, since the CC staff size is small (2.5 - 3 people) even though the manager handles most of the
a - c functions, the other staff support her and split their remaining time between development of and
management of the land management plans. As such, there is not a feasible way to separate out staff and
move just part of the program (land management) to Parks and Recreation at this time. So, it, like the
Housing and Grants Department is best able to achieve its goals by staying together. The question then, is
to determine where it most effectively resides.
Ifit moves to Parks and Recreation, a new Conservation Collier section will need to be created. One
benefit is this would allow the cross pollination and cross-staff use of other Natural Resource staff
13
Consideration of Potential
CDES Reorganization Options
December, 2006
Agenda Item No. 10J
December 12, 2006
Page 18 of 40
members (assuming the other components also go to P&R). This is likely to allow for some initial and then
growing synergy on the land management component (maybe shared resources or money saved).
On the down side, there is a fair amount of support provided by the director as any new stages of program
development are entered (and this is still a relatively new program) and when any conflicts or issues arise.
It is not assumed that the P&R director can provide the same level of guidance. There may be two other
issues with moving Conservation Collier to the Parks and Recreation Department and they are more
perception issues than factual ones.
First, it can be argued that P&R and CC programs have different missions. Conservation Colliers' mission
is preservation. Parks and Recreations mission is recreation. While those may sound similar, and CC is
required as a secondary use to provide public access on all CC lands, in practice it may not be that simple.
The desire to utilize certain land to qualify as a park may go beyond the "appropriate natural resource-
based recreational and educational opportunities" allowed under the Conservation Collier ordinance. It
would be important to have effective mechanisms for handling and conflicts of this nature that may arise.
On a similar note, external audiences that currently support CC efforts may be skeptical that conservation
and preservation will remain premiere over recreation if the CC program becomes a P&R program.
All that being said, the rules are quite clear in the CC ordinance as to uses, etc. And, the plans get
approved by the BOCC. So there is a fairness mechanism already in place, and any issues can be raised to
that level, if necessary.
One other factor, should these functions be reassigned out of the CDES organization, is that we now have
further disseminated subject matter like functions further around the County Managers Agency.
Environmental functions would exist in CDES, Public Services, and Public Utilities. At the end of the day
you have to ask yourself which situation is better - a few people that might not fit exactly with the core
planning and regulatory mission of CDES or creation of another section of the organization that will need
to develop overhead ability to manage the same or related subject area?
If the above discussed sections of Natural Resources are transferred out of the Environmental Services
Department, the Director gains about 20% of his time to devote to the other pressing regulatory projects on
the horizon and to focus on the project review section ofthe department. From all of this analysis on the
various sections of Natural Resources, this is the only tangible benefit that can really be tied to the
furtherance of the mission ofCDES.
Finally, if Natural Resources functions within Environmental Services are reassigned out of the division, a
name change for the division should be considered, to remove the Environmental Services component.
14
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Agenda Item NO.1 OJ
December 12, 2006
Page 22 of 40
Exhibit C
Code:
D R AFT K. Grant
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: DEPUTY ADMINISTRATOR - COMMUNITY
DEVELOPMENT
PURPOSE OF CLASSIFICATION
The purpose of this classification is to perform complex managerial and administrative work by
providing direction and oversight to the daily operations of the Community Development Division,
with an emphasis on transforming the operation to achieve a high level of customer satisfaction
while also maintaining the integrity of the review and approval responsibilities. Work involves
assisting the Administrator with establishing the policy, long range planning, work plans, goals and
objectives of the division, providing direction and guidance to subordinate directors and staff;
managing special projects, and serving as the Administrator in his absence.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the
duties does not exclude them from the classification if the work is similar, related, or a logical
assignment for this classification. Other duties may be required and assigned.
Serves as Deputy for all division functions and provides guidance to and assists in formulating
policy for functional areas assigned and provides advice and makes recommendations to the
Administrator on matters within these areas.
Assists the Administrator in establishing strategic plans, goals and objectives for the Departments;
focusing on coordination amongst them to achieve satisfactory customer ratings. Ensures the
Departments operating plans support the Division mission, goals and objectives. Monitors
progress toward developed goals and reports to the Administrator on progress.
Provides direction and oversight to subordinate directors regarding individual department work
plans; and ensures the departments work together to maximize Division performance and the use
of resources. Recommends and eventually manages small and large scale changes, as approved by
the Administrator.
Aids in ensuring all Department programs, operations and services comply with applicable County,
state and federal regulations, statutes, ordinances and policies, and that the Division is meeting the
needs of the community.
Evaluates the existing processes and organizational structure and orchestrates changes to assure
effective and efficient delivery of the divisions services and products. Creates an environment,
Agenda Item No. 10J
December 12, 2006
Page 23 of 40
supported by reward mechanisms, that assures departments work together to achieve division goals
and meet customer needs in a satisfactory manner. Assists the Administrator in developing
benchmarks and performance measures for the Departments, and emphasizes a collective internal
approach to community development and a collective, consistent face to the customer.
Supervises, directs and evaluates assigned staff, processing employee concerns and problems,
directing work, counseling, disciplining, and completing employee performance appraisals;
interviews and selects new employees provides for staff training opportunities/activities.
Performs a variety of administrative duties associated with supervising staff, to include hiring,
assigning work, providing guidance and direction; evaluating performance, and taking disciplinary
action as necessary.
Establishes and maintains work relationships which are collaborative, responsive and effective.
Operates a personal computer, telephones, copiers and other general office equipment as necessary
to complete essential functions, to include the use of word processing, spreadsheet, database, or
other system software.
ADDITIONAL FUNCTIONS
Acts as the Administrator in hislher absence.
Responsible for change management and transforming the organization to one that is responsible,
flexible, strong, and meets customer needs while maintaining the integrity of the core review and
approval responsibilities.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Master's degree in planning, public administration, business management, or a related field;
supplemented by five years of progressively responsible experience planning and managing
community development programs, resources and operations; or any equivalent combination of
education, training, and experience which provides the requisite knowledge, skills, and abilities for
this job.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to synthesize, hypothesize, and/or theorize concerning data
involving modification of existing policies, strategies and/or methods to meet unique or unusual
conditions. Requires the ability to do so within the context of existing organizational theories and
management principles.
Human Interaction: Requires the ability to function in a director capacity for a major
organizational unit requiring significant internal and external interaction.
EQuipment. Machinerv. Tools. and Materials Utilization: Requires the ability to operate,
maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in
performing essential functions.
Agenda Item No. 10J
December 12, 2006
Page 24 of 40
Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as
well as reference, descriptive and/or design data and information as applicable.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication
and division; ability to calculate decimals and percentages; may include ability to perform
mathematical operations involving basic algebraic principles and formulas, and basic geometric
principles and calculations.
Functional Reasonin2: Requires the ability to apply principles of logical or synthesis functions; to
deal with several concrete and abstract variables; and to analyze major problems that require
complex planning for interrelated activities that can span one or several work units.
Situational Reasonin2: Requires the ability to exercise judgment, decisiveness and creativity in
critical and/or unexpected situations involving moderate risk to the organization.
Leadership:
Customer Service:
Financial Accountability:
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light
work, but which may involve some lifting, carrying, pushing and/or pulling of objects and
materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a
keyboard or work station.
Sensory Reauirements: Some tasks require the ability to perceive and discriminate sounds and
visual cues or signals. Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse
environmental conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with
Disabilities Act, the County will provide reasonable accommodations to qualified individuals with
disabilities and encourages both prospective and current employees to discuss potential
accommodations with the employer.
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Agenda Item NO.1 OK
December 12, 2006
Page 1 of 31
-
EXECUTIVE SUMMARY
Recommendation to approve Contract Amendment No.1, Exhibit E, for a
Guaranteed Maximum Price (GMP) of $6,740,820 under Contract No. 04-3609,
"Construction Manager at Risk Services for the Collier County Emergency
Operations Center", with Kraft Construction Company, Inc. for the site work
portion of the construction of the Emergency Services Complex and South
Regional Library, project numbers 54003 and 52160 and approve the associated
Commercial Paper Loan Resolution in an amount not to exceed $2,700,000.
OBJECTIVE: To approve Contract Amendment No.1, Exhibit E, for a Guaranteed Maximum
Price (GMP) of $6,740,820 under Contract No. 04-3609, "Construction Manager at Risk Services
for the Collier County Emergency Operations Center', with Kraft Construction Company, Inc.
(KCCI) for the site work portion of the construction of the Emergency Services Complex and
South Regional Library, project numbers 54003 and 52160 and approve the associated
Commercial Paper Loan resolution in an amount not to exceed $2,700,000.
.-.'
CONSIDERATIONS: A $1,859,400 contract with Harvard Jolly Clees Toppe Architects to design
the Emergency Services Center (ESC) was approved by the Board on June 10, 2003, agenda
item 16B8. On September 13, 2005 the Board approved item 10H, a $91,750 contract change
with Harvard Jolly to site adapt the ESC to Lely Cultural Parkway. The Site Development Plan
(SOP) for the ESC and South Regional Library was submitted on May 15, 2006 and was
approved on November 17, 2006. The ESC building permit application was submitted for
simultaneous review and is still under review.
A $623,950 contract with Schenkel Shultz Architecture to design the South Regional Library
(SRL) was approved by the Board on October 11, 2005, agenda item16E2. The building permit
application is planned for submission in December 2006.
KCCI was awarded the Construction Manager at Risk contract for the ESC on March 23, 2003,
agenda item 16E6. KCCI has been slated to perform all of the site work for the ESC and SRL
since they are both on the same site and this has been discussed in front of the Board on
previous occasions. The GMP for the ESC building is planned for presentation to the Board in
March 2007. The SRL will be bid separately next year and is planned for presentation to the
Board in May 2007.
On November 13, 2006 KCCI submitted a GMP proposal for the site work related to the ESC and
SRL. After discussions and clarifications, on November 30, 2006, KCCI submitted a revised
GMP proposal of $6,740,820.00 for this site work - $4,195,820 for the ESC and $2,545,000 for
the SRL. The GMP was formulated by KCCI through the solicitation of price quotations from at
least three subcontractors from each trade. The quotes were then thoroughly reviewed by KCCI,
the Facilities Management Department and the design professional to ensure they matched
specifications.
.---
FISCAL IMPACT: Funds for this contract amendment are available in the project budgets. The
ESC project has plenty of cash to pay for the site development work, since this project received
$40 million from bond proceeds from the sale of the 2005 Capital Improvement Bond. The SRL
project needs to execute a $2.6 million commercial paper to cash flow the site development work.
Commercial Paper in the amount of $8,514,600 is budgeted for the SRL project. Net commercial
Agenda Item No.1 OK
December 12, 2006
Page 2 of 31
---~
paper loan proceeds of $2,545,000 are required for the site development work for the SRL
project; with fees and pre-paid interest a gross loan not to exceed $2,700,000 is recommended.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
. Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners 1) approve a Contract
Amendment for a Guaranteed Maximum Price (GMP) of $6,740,820 under Contract No.04-3609,
"Construction Manager at Risk Services for the Collier County Emergency Operations Center",
with Kraft for the site work portion of the construction of the Emergency Services Complex and
South Regional Library, projects 52160 and 54003, 2) authorize the Chairman to execute a
contract amendment with Kraft, after review by the County Attorney's Office, and 3) approve the
attached Commercial Paper Loan resolution in an amount not to exceed $2,700,000.
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management
Department
,,-..
,-..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10K
December 12, 2006
Page 3 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10K
Recommendation to approve Conlract Amendment No, 1, Exhibil E, for a Guaranteed
Maximum Price (GMP) of $6,740,820 under Contract No, 04,3609, Construction Manager at
Risk Services for the Collier County Emergency Operatrons Center, with Kraft Construction
Company, Inc. for the site work portion of the construction of the Emergency Services
Complex and South Regional Library, project numbers 54003 and 52160 (Len Price,
Administrator, Administrative Services)
12/12/2006 9:0000 AM
Library Assistant Director
Date
Approved By
Marilyn Matthes
Public SelVices
Library
11/30/200611 :17 AM
Linda Best
Contracts Agent
Date
App roved By
Administrative Services
Purchasing
12141200612:02 PM
Skip Camp, C,F,M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
121412006 1 :26 PM
Steve Carnell
Purchas.ingfGeneral Svcs Director
Date
Approved By
Administrative Services
Purchasing
1214/20063:16 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Services
Administrative Services Admin.
1214120063:33 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1215120062:56 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1215120064:55 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1215120068:09 PM
..
"
EXHIBIT E
Agenda Item NO.1 OK
December 12, 2006
Page 4 of 31
AMENDMENT NO.1 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated March 23. 2004 between The Board of County Commissioners of Collier County,
Florida, a political subdivision of the State of Florida ("Owner") and Kraft Construction ComDanv. Inc.
("Construction Manager"), for management and construction of the Courthouse Annex and Parking Garage ("Project"), the Owner and Construction
Manager hereby establish the Constructions Manager's fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Worle as set forth
below:
1. CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for
the fIrSt Four (4) months of the Emergency Services Complex and S. Regional Library "Sitework Only" shall be $212,288.00. The
Construction Phase Fee for the first Four (4) months of the Emergency Services Complex and S. Regional Library "Sitework Only" shall
be invoiced and paid in Three (3) monthly payments of $S3,07Z.00 each and one final monthly payment of $53,072.00. The first monthly
Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's
Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of
the Project accepted by the Owner (Note: See Attachment 3, page 1, Division #1, item 6 for further Clarification). Tbe Overhead and Profit
for the Emergency Services Complex and S. Regional Library "Sitework Only" for the Construction Phase, as defined in Article 8.1.3 of
the Agreement, shall be $320,991.00. This Overhead and Profit for the Emergency Services Complex and S. Regional Library "Sitework
Only" shall be invoiced as defined in Article 8.1.3.
2. COST OF THE PROJECT
The total Cost of the Emergency Services Complex and S. Regional Library "Sitework Only" Project only as defined in Article 9 of this
Agreement is $6.207.541.00.
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Emergency Services Complex and S. Regional Ubrary "Sitework Only",
including the Construction Manager's Fee, O&P for the Construction Phase, and Cost of the Project is $6.740.820.00. This Price is for the
performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments I through
6. as follows:
la.
lb.
2.
3.
4.
5.
6.
7.
8.
Attachment
Number
Description
Pages
Dated
Revised GMP Proposal letter with t thru 9
Cost Breakdown for the Emergency
Services Complex and S. Regional
Librdry "Site work Only"
11-30-06
Drawings, Specifications, I thm I
Addenda and General.
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price for the
Emergency Services Complex
and S. Regional Library "Silework Only"
11-30-06
Allowance items
Ithrul 11-30-06
Ithro2 11.30-06
o thru 0 T.B.D.
with GMP for
the ESC Project
o thru 0 NA
OthmO NA
1 thru 1 1l-30.06
I thru 5 11-30-06
Assumptions and clarifications
made in preparing the GMP
Guaranteed Maximum Price.
Completion schedule
Alternate prices
Unit Prices
Revisions to the Contract
Completed Exhibits A. B, G, H & I
.
Agenda Item NO.1 OK
December 12,2006
Page 5 of 31
;.
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date for the Emergency Services Complex and S. Regional
Library "Sitework Only" to the date of Substantial Completion of the Work for the Services Complex and S. Regional Library "Sitework
Only" is T.B.D. calendar days ("Contract Time"). .. Commencement date can not be issued without all the Site Development Permits ready
to be issued. (Note: See Attachment 3, page I, Division #1, item 6 for further Clarification)
Attest:
\ ~\ ,
I ' ~\
./ I . \.
B'vir Mo-M . W ~L-,> ~ L Co.
. Corporate Secretary
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, INC.
/.
//, 1>. />~. . ~
By U,t--f?1r.> ~Q
Robert L CarseHc.
Title: Cha.:!m~11
..-'.
As Witnessed:
i
/
By Ii
,- /.
iji
/:) ; ,"'; ., "\,"",,,/
" v.1 j I '_
l L 1, {:, i ;jC'~' ('~.:-:<~~';
(Corporate Seal)
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By
DEPUTY CLERK
FRANK HALAS, CHAIRMAN
Date:
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
Attachment 1a
Agenda Item No. 10K
December 12, 2006
Page 6 of 31
Revised November 30, 2006
Mr. Ronald Hovell, Principal Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: ESC & SOUTH REGIONAL LIBRARY SITE DEVELOPMENT
NAPLES, FLORIDA
Dear Mr. Hovell:
We are pleased to provide you with this GMP Cost Estimate for the proposed "ESC &
South Regional Library Site Development". The GMP Cost Estimate was based upon the
enumerated Project Documents as prepared by TKW Consulting Engineers, Inc. and our
list of Qualifications. Our GMP Cost Estimate is as follows:
GMP Cost for the ESC & S. Regional Library Site Development is...... $6,740,820.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
This GMP price includes only four (4) months of Construction Phase fee Costs and Field
Reimbursable expenses base upon the assumption that the ESC project will receive its
Notice to Proceed to offset any additional costs. This Proposal shall be subject to review
after thirty (30) days from the date of this proposal.
If you have any questions, feel free to call.
Sincerely,
KRAFT CONST~llCTION COMPANY, INC.
~r~;
Vice PresidentlEstimating
Attachments:
Enumeration of the Project Documents revision dated November 30,2006
List of Qualifications, Clarifications & Assumptions, dated November 30,2006
lLP:wd
.2606 Horseshoe Drive S. . Naples. Florida 34104 . (239) 643-6000 . Fax (239) 643-0090
013350 Metro Parkway, Suite 304. Fort Myers. Florida 33912. (239) 561-5181 . Fax (239) 561-5129
040 S. Pineapple Avenue · Sarasota. Florida 34236 . (941) 330-8990 . Fax (941) 330-8994
www.kraftconstruction.com
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Agenda Item NO.1 OK
December 12,2006
Page 15 of 31
Attachment Ib
~
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:;~; I ..
Enumeration of Project Documents
Page
Number Description Issue Date Rev #1 Rev #2 Rev #3 Rev #4
Civils . Site Development Plans as designed by TKW Consulting Engineers
C-l Cover Sheet and Location Map 03/15/06 04/28/06 06/20/06 08/29/06 08/31/06
C-2 Aerial Photograph and Existing Conditions I 03/15/06 04/28/06 06/20/06 08/29/06
C-3 General Notes 03/15/06 04/28/06 06/20/06 08131/06
C-4 Master Site Plan 03/15/06 04/28/06 06/20/06 08/29/06 08/31/06
C-5 Master Drainage Plan 03/15/06 04/28/06 06/20/06 08/29/06
C-6 Emergency Services Complex Site Plan 03/15/06 04/28/06 06/20/06 08/29/06 08/31/06
C-7 South Regional Library Site Plan 03/15/06 06/20/06 08/31/06
C-8 Emergency Services Complex Drainage Plan 03/15/06 04/28/06 06/20/06 08/29/06 08/31/06
C-9 South Regional Library Drainage Plan 03/15/06 04/28/06 06/20/06
C-lO Typical Details and Details 03/15/06 06/20/06 08/29106
C-Il Typical Sections and Details 03/1 5/06 06/20/06
C-12 SWP3 03/15/06 06/20/06
C-l3 Erosion Control Details 03/15/06
C-14 Master Utility Plan 03/]5/06 06/20/06 08/31106
C-15 Collier County Utility Notes 03/15/06 06/20/06
C-I6 Emergency Services Complex Utility Plan 03/l5/06 06/20/06 08/31/06
C-I7 South Regional Library Utility Plan 03/15/06 06/20/06
C-18 Gravity Sewer Plan and Profile North 03/1 5/06 06/20/06
C-I9 Gravity Sewer Plan and Profile 03/15/06 06/20/06
C-20 Gravity Sewer Pland and Profile South 03/1 5106 06/20/06
C-21 Collier County General Details 03/15/06
C-22 Collier County Potable Water Details 03/15/06 06120/06 08/31/06
C-23 Collier County PotablelReuse Details 03/15/06
C-24 Collier County Sanitary Details 03/15/06
C-25 Collier County Pump Station Details 03/15/06 06120/06
C-26 Collier County Pump Station Details 03/15/06 06120/06
*** Preserve Area Management Plan 06128/06
Landscape and Irrigation Plans
L-l Code Compliance Area Plan 07120/06 07/20/06 09/20/06
L-2 EOC Building Landscape 07/20/06 07120/06 09120/06
L-3 Library Building Landscape 07120/06 07/20/06 09120/06 !
JR-I EOC Building Irrigation 07/20/06 07/20/06 09/20/06
JR-2 Library Building Irrigation 07120/06 07120/06 09120/06
Specifications
*** Volume lof2 08115/06
*** Volume 2of2 08/15/06
*** Project Manual, Division 0 09/27/06
Page 1
Agenda Item No. 10K
December 12, 2006
Page 16 of 31
Attachment 2
11-30-06
COLLIER COUNTY GOVERNMENT
EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY "SITEWORK ONLY"
"LIST OF ALLOWANCES"
1. We have included an Allowance of $10,000 for Independent Lab Testing services for the
Emergency Sen:ices Complex & S. Regional Library "Sitework Only".
Agenda Item No. 10K
December 12, 2006
Page 17 of 31
Revised 11-30-06
Attachment 3
COLLIER COUNTY
ESC & SOUTH REGIONAL LffiRARY SITE DEVELOPMENT
QUALIFICA TIONS
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3. Ownerl Architect office trailers on the site have not included.
4. We have included an Allowance of $10,000 for Independent Lab Testing services.
5. Builder's Risk Insurance and the deductible is the responsibility of the Owner.
6. Our Construction Phase fee and field reimbursables are based on building the ESe &
South Regional Library Site Development concurrently with the ESC Building. If the
start of construction of the ESC Building project is delayed beyond four (4) months
after the Date of Notice to Proceed of the Site Development project there will be
additional Construction Phase fee and field reimbursable costs that would require a
GMP amendment to our agreement.
DIVISION #2 - SITEWORK
1. We have not included any rock removal from the site.
2. We have not included any sidewalks within this GMP proposal. The sidewalks will be
included in each of the individual Project GMPs at a later date. If it is desired for the
ROW sidewalks to be included, we can quote them at an additional cost.
3. We have not included any cost for tree relocation within this GMP proposal.
4. We have not included the two (2) potable water wells (noted as Site Wells) and their
associated distribution piping.
Page 1 of 2
Attachment 3
Agenda Item No.1 OK
December 12, 2006
Page 18 of 31
DIVISION #2 - SITEWORK (continued)
Revised 11-30-06
5. We have not include any Site fencing, gates, benches, site furnishings or site lighting
within this GMP proposal.
Page 2 of2
Agenda Item NO.1 OK
December 12, 2006
Page 19 of 31
11-30-06
Attachment 7
Collier County Government
Emergency Services Complex & S. Regional Library "Sitework Only"
Revisions to the Contract
1. In article 8.1.2(b), replace the "TBDs" as follows:
a. First "TBD" change to "One (1)"
b. Second "TBD" change to "$2,450.00" for Sitework Only
2. In article 8.1.2( c), replace the "TBDs" as follows:
a. First "TBD" change to "$10,000.00"
b. Second "TBD" change to "$10,000.00"
c. Third "TBD" change to "5%"
d. Fourth "TBD" change to "$10,000.00"
3. In article 8.1.3, change the "TBD" to "5%"
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
EXHIBIT A
Agenda Item NO.1 OK
December 12, 2006
Page 20 of 31
11-30-06
(EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY SlTEWORK ONLY)
Owner:
Board of County Commissioners, Collier County, F1...
Design Professional
Construction Manager
Pete Tuffo (Offsite)
Joe Pressler (Offsite)
Eddie Pullen and/or Mike McCoy (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Mark Lewandowski andlor Allen Clark (Offsite)
Laurie Mattingly (Offsite)
Mark Styles and/or TBD (Offsite)
Pete Murphy (Offsite)
Chris Dill (Onsite)
Doug Waller (Onsite)
Betty Lounds (Onsite)
Steve Smith (Onsite)
Daniel Rohletter (Onsite)
TBD (Onsite)
TBD (Onsite)
Owner's Representative: Ron Hovell
Purchasing Agent: Scott D. Johnson
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent
Assistant Superintendent
Labor Foreman
Accounting Billing Clerk
35
Agenda Item NO.1 OK
December 12, 2006
Page 21 of 31
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
11-30-06
(EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY SITEWORK ONLY)
OFF-SITE SUPPORT STAFF
Pete Tuffo
Joe Pressler
Eddie Pullen and/or Mike McCoy
Wendy Duckworth and/or Lyn Ross
Mark Lewandowski and/or Allen Clark
Laurie Mattingly
Mark Styles and/or TBD
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator
D.M.P. Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
Chris Dill
Doug Waller
Betty Lounds
TBD
Steve Smith
Daniel Rohletter
TBD
Project Manager
Assistant Project Manager
Administrative Assistant
Accounting Billing Clerk
Superintendent
Assistant Superintendent
Labor Foreman
36
Agenda Item NO.1 OK
December 12, 2006
Page 22 of 31
EXHIBIT G
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
11-30-06
EXTENSIONS PER 8.1.2 (1 )(b)
(EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY SITEWORK ONLY)
Individual
Pete Tuffo
Joe Pressler
Eddie Pullen and/or Mike McCoy
Wendy Duckworth and/or Lyn Ross
Mark Lewandowski or Allen Clark
Laurie Mattingly
Mark Styles or TBD
Pete Murphy
Chris Dill
Doug Waller
Betty Lounds
TBD
Steve Smith
Daniel Rohletter
TBD
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
Title
Percentage
of Time
Available
Project Executive
Vice President, Estimating
Estimators
Estimator Assistant
M.E.P. Coordinators
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Accounting Billing Clerk
Superintendent
Assistant Superintendent
Labor Foreman
20%
10%
5%
10%
10%
20%
5%
10%
100%
100%
100%
25%
100%
100%
100%
43
Agenda Item NO.1 OK
December 12, 2006
Page 23 of 31
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
11-30-06
ASSIGNED DURING CONSTRUCTION OFF-SITE
(EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY SITEWORK ONLY)
Individual
Pete Tuffo
Joe Pressler
Eddie Pullen &lor Mike McCoy
Wendy Duckworth and/or Lyn Ross
Marl Lewandowski &lor Allen Clark
Mark Styles or TBD
Laurie Mattingly
Pete Murphy
Title
Duration
in Months
Percentage
of Time
Available
Project Executive
Vice President, Estimating
Estimators
Estimating Assistant
M.E.P. Coordinators
Schedulers
D.M.P. Clerk
Safety Inspector
20%
10%
5%
10%
10%
5%
20%
10%
4
4
4
4
4
4
4
4
44
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
Agenda Item No.1 OK
December 12, 2006
Page 24 of 31
11-30-06
(EMERGENCY SERVICES COMPLEX & S. REGIONAL LIBRARY SITEWORK ONLY)
Individual
Chris Dill
Doug Waller
Betty Looods
rnD
Steve Smith
Daniel Rohletter
TBD
Title
Percentage
Duration of Time
in Months Available
Project Manager 4
Assistant Project Manager 4
Administrative Assistant 4
Accounting Billing Clerk 4
Superintendent <Annex) 4
Assistant Superintendent 4
Labor Foreman 4
100%
100%
100%
100%
100%
100%
100%
45
Agenda Item NO.1 OK
December 12,2006
Page 25 of 31
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY
C01\.1MISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $2,700,000 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
COSTS AND EXPENSES RELATING TO SITE WORK
FOR THE NEW SOUTH REGIONAL LffiRARY,
INCLUDING THE REllvfBURSEMENT 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 defmed 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) ofthe Loan Agreement.
"Board" means the Board of County Commissioners of the County.
Agenda Item No. 10K
December 12, 2006
Page 26 of 31
"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 Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-35" means the Loan designated as "Loan No. A-35" the proceeds of
which shall be used to fmance a portion of the costs of Project A-35.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
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 the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
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. 10K
December 12, 2006
Page 27 of 31
"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-35" means the costs and expenses relating to the site work related to
the new South Regional Library, 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.
declared that:
FINDINGS. It IS hereby ascertained, determined and
(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.1 OK
December 12, 2006
Page 28 of 31
County, desiring to fmance and refmance the cost of acquiring, constructing and
equipping capital improvements and to fmance and refmance other governmental needs.
(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 fmance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements, including Project A-
35.
(D) The County desires to borrow an amount not to exceed $2,700,000 in order
to finance a portion of the acquisition of Project A-35.
(E) The County hereby determines that the provlSlon of funds by the
Commission to the County in the form of Loan No. A-35 pursuant to the terms of the
Loan Agreement and the financing of Project A-35 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-35 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include 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.
(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-35, 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 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-35 in the aggregate amount of not exceeding $2,700,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-35. The Chairman and the Clerk are hereby authorized to execute, seal and
4
Agenda Item No. 10K
December 12, 2006
Page 29 of 31
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-35 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-35 in accordance with the terms of the Loan Agreement. Loan
No. A-35 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-35 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-35 shall be 30 basis points or such other amount as Wachovia Bank and the
County Administrator shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-35. The County
does hereby authorize the acquisition of Project A-35 and the reimbursement of any costs
incurred by the County with respect to Project A-35 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-35 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-35 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 8. SEVERABILITY. If anyone 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. 10K
December 12, 2006
Page 30 of 31
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 12th day of December, 2006.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
FRANK HALAS, Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel
County Attorney
6
Agenda Item NO.1 OK
December 12, 2006
Page 31 of 31
r"
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
$2,700,000
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. 10L
December 12, 2006
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the County Manager
or his designee to expend a maximum of $1,285,000 within the Community Development
and Environmental Services Division to address critical building renovation needs, not to
include any lobby expansion at this time, and to give approval for any subsequent Budget
Amendments required to fund such renovations.
OBJECTIVE: To allow the Community Development and Environmental Services Division
(CDES) to continue to fund needed building renovations and repairs; projects which began in
fiscal year 2006 under Board direction, and currently have been halted in-progress with the
withdrawal of funding at the Board's November 28, 2006 BCC meeting. This funding is for
projects unrelated to lobby improvements, and any lobby proposals and associated funding will
be brought to the BCC in a separate action at a later date.
CONSIDERATION: At the Collier County Board of County Commissioners (BCC) meeting of
June 20, 2006 the BCC authorized the expenditure of a maximum $2,285,000 for needed
building and office renovations and repairs. Of this total amount, $1,000,000 was designated for
lobby improvements, and an additional $1,285,000 was designated for a variety of other needs,
which were listed in the Executive Summary of June 20, 2006 , included with this request as
._ "Attachment A". For background, CDES is predominately an enterprise operation funded
primarily from development services fees and fees associated with permitting, land development
and review, and related development services activities. The CDES Building was initially built
and continues to be funded totally by the related development services fees and building review
and permitting fees. As such all expenses associated with operations and maintenance of this
CDES building are funded and separately budgeted by the division. In prior fiscal years, routine
building repairs and related improvements were piecemealed in the individual Departmental
budgets, but starting with the June 20, 2006 request these activities were consolidated into the
Fund 310 capital project budget to improve purchasing oversight and insure the equal
distribution of funding between individual Departments within CDES. This BCC action
followed a full vetting of the request at the June 7, 2006 Development Services Advisory
Committee (DSAC) meeting, where the proposal received a 10-0 endorsement, with an attached
recommendation that the $1,000,000 lobby improvement portion be held at $500,000. As part of
the DSAC approval, CDES agreed to bring all lobby improvement proposals to DSAC prior to
bringing a contract to the BCC for approval.
At the November 28, 2006 BCC meeting, funding of this previously approved $2,285,000 was
revoked as part of the consideration of a resolution approving amendments to the Fiscal Year
2005-2006 budget related to appropriating carry forward, transfer, and supplemental revenue.
While no work had begun on lobby improvements, as per the agreement between CDES and
DSAC (and per guidance of the Board), work was well underway on the variety of other projects
as per the June 20, 2006 direction of the BCe. With the loss of funding, requisitions for
products had to be canceled, Purchase Orders for services or products yet to be delivered to
"...." CDES had to be canceled, invoices for delivered products remain unpaid for lack of funding, and
construction work in progress has been stopped with no funding for project continuation or to
pay for construction completed to-date.
Agenda Item No. 10L
December 12, 2006
Page 2 of 18
Of the $1,285,000 CDES is requesting with this Executive Summary, a total of $223,638 has
been paid prior to the BCC's Nov 28, 2006 meeting for completed work, a total of $925,909 is
committed to projects in process that now have been canceled for lack of funding, and the
remaining $135,453 has yet to be committed to any specific project. Failures to pay for delivered
services or to take delivery of contracted items may leave Collier County subject to vendor
action, which may apply in many of the cases where PO's have been canceled. The following is
a listing of work or purchases in-progress, with their June 20, 2006 approved total budgets,
directly affected by the revocation of funding (a more detailed spreadsheet of capital project
expenses can be found as "Attachment E"):
Roofing Repairs and Replacement (budget of $420,000): managed by Facilities Management,
see "Attachment B". Project terminated.
Building Renovations other than Lobby (budget of $250,000):
. Purchase Order (PO) 45-70834, Varian Construction, $69,473 -work on renovating
building plan review area, in progress. PO closed, remaining payments withheld, work
left uncompleted and area non-usable. Office plan in "Attachment C", photos of current
condition in "Attachment D".
. PO 45-71548, Sunbelt, $6,483 - conversion of conference room into two 80 sq ft cubicles
for two employees currently sharing one 50 sq ft work area. PO canceled. Photos in
- "Attachment D".
. PO 45-73186, Johnson Controls, $24,750 - Code building improvements for security.
.
.
.
.
.
.
.
.
--- .
.
.
Employee and Public Work Areas (budget of $350,000):
PO 45-73187, FBS/Richard Wilcox, $91,806 - Records room filing system. Ordered due
to a Risk Management assessment that the existing filing system posed an employee
safety hazard, coupled with a need to better utilize limited existing space. Specific filing
systems ordered following a recommendation of Collier County Clerk of the Circuit
Court's staff, who are utilizing similar systems within the Courthouse. Photos in
"Attachment D". Additional material in "Attachment C". PO canceled.
PO 45-71072, CDWG, $7,671 - Building Department public area informational monitors.
PO canceled.
PO 45-72067 FBS/Richard Wilcox, $18,416 - Engineering filing systems for better space
utilization. PO canceled.
PO 45-73574, Sunbelt, $3,145 - Building Department furniture in building review section
for reviewers. PO canceled.
PO 45-72295, Sunbelt, $8,738 - Building Department furniture in building review section
for reviewers. PO canceled.
PO 45-72296, FBS/Richard Wilcox, $28,088 - Building filing systems in building review
to better utilize existing space. PO canceled.
PO 45-64628, Sunbelt, $4,653 - Environmental furniture. Equipment to be delivered.
PO 45-65969, Sunbelt, $5,315 - Engineering furniture. Equipment to be delivered.
PO 45-66196, Aztek Con1ll1., $1,465 - Environmental. Rewiring.
PO 45-67950, Aztek Comm., $1,587 - Rewiring
PO 45-66538, Sunbelt, $44,634 - Engineering furniture. Equipment delivered and
installed. Photos in "Attachment D". Payment being withheld for lack of funds.
Agenda Item NO.1 OL
December 12, 2006
Page 3 of 18
. PO 45-65966, Sunbelt, $19,599 - Engineering furniture. Equipment delivered and
installed. Photos in "Attachment D". Payment being withheld for lack of funds.
. Requisition 20097579, $15,396 - carpet replacements in building review section. Photos
in Attachment D. Requisition canceled.
Design Services (budget of $100,000): PO 45-66041, Victor Latavish, $29,690 - architectural
design services for building review section. Services delivered, payment withheld for lack of
funding.
General Improvements and Interdepartmental (budget of $165,000): This includes
$125,000 of general yet to begin improvements recommended and managed by Facilities
Management, including, but not limited to, reinsulated AlC Pipes ($5,380), replacing Parking
Deck Elevator Doors ($9,580), installing ADA doors ($16,994), re-lamping Building with T8s
($41,184) along with other miscellaneous items (re-painting).
In addition to the $1,285,000 requested by this Executive Summary, the original BCC approved
$2,285,000 funding contained $1,000,000 for lobby improvements. As per the direction of the
BCC provided at their November 28, 2006 meeting, CDES will come forward with a separate
Budget Amendment for lobby improvement funding, to be associated with a contract approval
request. Continuing to honor its prior commitment, all lobby improvement plans and financial
commitments will be fully presented to DSAC for review and vote.
The lobby in the CDES building is virtually unchanged since the doors first opened for the
building in 1988. In 1988 the Building Department processed 5,465 permits, for FY 2006 the
Building Department processed over 47,000 permits. The lobby as currently configured is
physically inadequate to effectively manage the volume of permit applications and the number of
persons visiting the building. There are multiple goals associated with these proposed lobby
renovations; to enhance the functionality of the lobby from the employee perspective; to
eliminate the non-friendly public user features of the lobby; and to improve the security of the
building by reducing uncontrolled access from the lobby to the rest of the building. The
functionality of the lobby will be enhanced by increasing the number of work stations, making
the work stations more ergonomic, and organizing the work stations to match the permit flow
process. The public user features of the lobby will be upgraded to include more seating,
installing an information kiosk, upgrading the permit forms library, and increasing electronic
media information. Security will be improved with the installation of doors off the lobby with
employee only access. Lobby improvements have long been part ofCDES's advertised customer
service commitment to its clients, and discussed in numerous workshops and client meetings as
well as highlighted in the County Manager's and Division Administrator's annual business plans.
FISCAL IMPACT: The total cost of these proposed renovations, a maximum of $1,285,000,
will be funded from existing Fund 113 (Development Services Fees) CDES capital reserves.
This will require no change of current CDES fee schedules, and will not involve any other
sources of funding. The existing FY 2007 CDES budget incorporates inter-fund reimbursements
for Fund 113 expenditures as outlined in the Clerk of the Circuit Court's Audit Report 2003-7.
......-."
Agenda Item No.1 OL
December 12, 2006
Page 4 of 18
GROWTH MANAGEMENT IMPACT: It is anticipated that these building renovations will
allow for more efficient interaction between the public and CDES staff, and improve the
efficiency ofpermit processing.
LEGAL CONSIDERATIONS: This request IS legally sufficient for the Board of County
Commissioners consideration and approval.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Manager or his designee to expend a maximum of $1,285,000 within the Community
Development and Environmental Services Division to address critical building renovation needs,
and to give approval for any subsequent Budget Amendments from CDES capital reserves
required to fund such renovations.
PREPARED BY: Garrett Mullee, Manager, CDES Business Management and Budget Office
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10L
December 12, 2006
Page 5 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10L
Recommendation that the Board of County Commissioners authorize the County Manager or
his designee to expend a maximum of $1.285,000 within the Community Development and
Environmental ServIces Division to address critical building renovation needs, not to Include
any lobby expansion at this time. and to give approval for any subsequent Budget
Amendments required to fund such renovations (Joseph K Schmitt, Administrator,
Community Development)
12112120069:0000 AM
Financial Operations Manager
Date
Prepared By
Garrett Mullee
Community Development &
Environmental Services
Financial Admin. & Housing
121412006 8:24:41 AM
Bill Hammond
Di rector
Date
Approved By
Community Development &
Environmental Services
Building Review and Permitting
1214120069:28 AM
Constance A, Johnson
Dale
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
121412006 3:53 PM
Approved By
Date
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
121412006 3:57 PM
Garrett Mullee
Financial Operations Manager
Date
App roved By
Community Development &
Environmental Services
Financial Admin. & Housing
121412006 4:00 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
12/5120068:11 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1215/2006 2:34 PM
Michael Smykowski
Management 8. Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1215/2006 3:19 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's. Office
121512006 9: 20 PM
Agenda Item NO.1 OL
December 12, 2006
Page 6 of 18
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the County Manager
or his designee to expend a maximum of $2,285,000 within the Community Development
and Environmental Services Division to address critical building renovation needs, and to
give approval for any subsequent Budget Amendments required to fund such renovations.
OBJECTIVE: To allow Community Development and Environmental Services Division
(CDES) to begin needed building renovations during this fiscal year (FY06), funded from
existing CDES capital reserves.
CONSIDERATION: The lobby in the CDES building is virtually unchanged since the doors
first opened for the building in 1988. In 1988 the Building Department processed 5,465 permits,
for FY 06 we project the Building Department will process over 50,000 permits. The lobby as
currently configured is physically inadequate to effectively manage the volume of permit
applications and the number of persons visiting the building. There are multiple goals associated
with these proposed lobby renovations; to enhance the functionality of the lobby from the
employee perspective; to eliminate the non-friendly public user features of the lobby; and to
improve the security of the building by reducing uncontrolled access from the lobby to the rest of
the building. The functionality of the lobby will be enhanced by increasing the number of work
stations, making the work stations more ergonomic, and organizing the work stations to match
the permit flow process. The public user features of the lobby will be upgraded to include more
seating, installing an information kiosk, upgrading the permit forms library, and increasing
electronic media information. Security will be improved with the installation of doors off the
lobby with employee only access.
Within the proposed FY 07 budget, the capital reserve funding for this renovation of the existing
CDES Building lobby area is budgeted for 5,000 square feet at $200 per square foot
($1,000,000). Also being renovated are the existing Planning, Engineering, Environmental, and
Building Plan Review sections ($250,000). Related to these renovations are consulting and
design services ($100,000); associated office set-up requirements, including a new Plan Review
set-up, for approximately 100 staff members and related public areas ($350,000); required
roofing repair and replacement, cost per Facilities ($420,000); general improvements such as
painting, carpets, and anticipated interdepartmental charges for services from support sections
such as Facilities ($165,000). The total FY 07 budgeted cost for renovation and repairs is
$2,285,000.
At it's June 7 meeting, the Development Services Advisory Committee (DSAC) voted 10-0 to
recommend approval of these renovations, and their funding from CDES capital reserves.
Attached to their approval, DSAC recommended that the initial lobby renovation estimate be
reduced from $200 to $100 per square foot thus reducing total capital costs by $500,000 to
$1,785,000. The Board of County Commissioners workshop budget document contains the
higher initial capital cost estimate totaling $2,285,000.
FISCAL IMPACT: The total cost of these proposed renovations, a maximum of $2,285,000,
will be funded from existing Fund 113 (Development Services Fees) CDES capital reserves.
Agenda Item No. 10L
December 12, 2006
Page 7 of 18
This will require no change of current CDES fee schedules, and will not involve any other
sources of funding.
GROWTH MANAGEMENT IMP ACT: It is anticipated that these building renovations will
allow for more efficient interaction between the public and CDES staff, and improve the
efficiency ofpermit processing.
LEGAL CONSIDERATIONS: This request IS legally sufficient for the Board of County
Commissioners consideration and approval.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Manager or his designee to expend a maximum of $2,285,000 within the Community
Development and Environmental Services Division to address critical building renovation needs,
and to give approval for any subsequent Budget Amendments from CDES capital reserves
required to fund such renovations.
PREPARED BY: Garrett Mullee, Manager, CDES Business Management and Budget Office
Agenda Item No. 10L
December 12, 2006
Page 8 of 18
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF FACILITIES MANAGEMENT
MEMORANDUM
DATE:
November 30, 2006
TO:
Joseph Schmitt, Administrator
FROM:
Skip Camp, CFM, Director
Department of Facilities Management
REFERENCE:
Needed Capital Improvements for the Development Services Building
As part of the 2006-07 approved budget process, the Department of Facilities Management recommended a
number of repairs to the Development Services Building on Horseshoe Drive including:
Roof Replacement:
$420,000
Assorted other improvements including: Reinsulated AlC Pipes ($5,380), Replace Parking Deck Elevator
Doors ($9,580), Install ADA doors ($16,994), Re-lamp Building with T8s ($41,184) along with other
miscellaneous (re-painting): $125,000
These repairs are part of the Departments regular capital replacement / improvement program and are
recommended to be completed during this current fiscal year.
Should you have any questions or require additional information, please contact me at extension 8380.
Thank you.
c: Len Golden Price, Administrator
Administrative Services Division
Acquiring, Designing, Constructing, Maintaining and Securing Government Buildings
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CDES Capital Project Related Photos
Dec 1, 2006
Top: uncompleted customer counter, building plan review area. Project stopped for lack
of funding. Below: uncompleted building plan review area office.
CDES Business Office Dee], 2006
1
December 12, 2006
Page 11 of 18
Interior view of uncompleted file area and customer counter, building plan review.
Current building plan review section review work area.
CDES Business Office Dec 1,2006
2
Current plan review section plan receipt area
Current plan review section plan queue area
CDES Business Office Dee 1,2006
3
I
December 12, 2006
Page 13 of 18
Current Analyst work area, supply storage under desk, 50 sq ft in hallway, shared by 2
FTEs
Standard design 80sq ft Analyst cubicle funded by capital project budget
CDES Business Office Dee 1,2006
4
Record Room existing filing cabinets and plan overflow
Staff searching for requested plan set
CDES Business Office Dec 1,2006
5
December 12, 2006
Page 1 5 of 18
Staff searching for requested plan set
Newly constructed intake team counter funded by capital project. Construction
completed, payment being partially withheld do to lack of funds
CDES Business Office Dee 1,2006
6
Planner cubicle located in intake team area, funded by capital project
Filing system in intake team area, similar PO's canceled in Engineering and Building
CDES Business Office Dee 1,2006
7
Engineering Department double cubical, payment withheld for lack of funding.
CDES Business Office Dee J, 2006
December 12, 2006
Page 17 of 18
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EXECUTIVE SUMMARY
Recommendation to approve an .Agreement between Creative Differences
Productions, Ltd. (the"uProducer"), Discovery Communications, Inc. (the
"Company") and the Board of County Commissioners of Collier County, Florida to
authorize entry upon the premises of the District Twenty Medical Examiner for
Collier County to filmandphotogtaph for-thEfpurpose of creating a documentary
for distribution on the Discovery Channel and other media. .
OBJECTIVE: That the Board of County Commissioners approves an agreement
allowing the Producer and Company to enter upon 'the premises of the District Twenty
Medical Examiner located at 3838 Domestic Avenue, Naples, Florida 34101 to film and
photograph for the purpose of creating a documentary ~or distribution on the Discovery
Channel and other media.
CONSIDERATIONS: The Collier COlmty District Twenty Medical Examiner has been
approached by the Producer to film a special at the Medical Examiners' Office to be
shown on the Discovery Channel. The topic is about the mystery surrounding certain
cattle deaths and their post-mortem appearance. Heather Walsh-Haney, forensic
anthropologist, will perform her forensic examinations out of the District Twenty
Medical Examiner's office. Several other local professionals will also appear on the
show, representing different medical and forensic disciplines.
No restricted areas containing files or ~.materials with"thc:::names of any decedents .
will be filmed. The show is not about any of Collier County District Twenty Medical
Examiner's cases. The agreement holds harmless both Collier County and the Collier
County District Twenty Medical Examiner's office for the period of filming at this
location.
FISCAL IMPACT: There is no Fiscal hnpactresulting from this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approves the
agreement between the Producer, the Company and the Board of County Commissioners
of Collier County, Florida to authorize the Producer and the Company to enter upon the
premises of the District Twenty Medical Examiner for Collier County to film and
photograph for the purpose of creating a documentary for distribution on the Discovery
Channel and other media.
Preoared By: Dan Summers, Director, Bureau of Emergency Services
__, '~',:.;~;;;\;,~;~~~~?&T~~jt~{f~~~~~~~~):~'ft~;~'~f1~&~~'Mi'1:j";;,~)' '\'. . ."
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AGREE:MENT
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::.::." .'._.;'_:.~.:nrrS~AGR8EMENT(hereiIiafter.reierred t~ as the ~'Agreement") is made and
_..~~~ ........~,.~.....i.. '_":"":"~~:~~~~""7~-~~'~''':;''';'''~~~::'~~~ R' " -'. .....~ ~-~ ,:-.t..... .. __: _," . .. ":. .~,' ".. ....';;'..;. .
. "_... entered.,in!qon this., ',". " dayof" , 2006, by 'and between
" .' ., ' ". - CR!3ArivEDiFFERENcEs~ROPUGTIQN~,._~m., ~ere~ftyr,''Progli~~r'.'), ;a'
_..."WI...,_.."...~...'.."'__..," ,'. ,',' '," ',' . ','_" ,',.," . "",. '.. ".~ . : . ,.
' . .~.~ana~~-,S9nitWl~;~~olnfbusin~s at 99 Atlantic Avenue, Ste.300, Toronto, Ontario
..M6K3J8, ,DISCOVERY- COMM:tJNICATIONS,lNC., (hereafter, the "'Company"), a .
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.. .. -foreign corporatiop. doing business in the State of Florida, wllOse principal address is One . .
Discovery Place, 9th Floor, 'Silver Springs, :MD 20910 and THEBOARD OF, COUNTY.
. .
- - . COMMISISONERS 'OF COlLIER COUNTY, FLORIDA, Ii poUtic~ subdivision of the
state o{Floridi (h~ieafier:--"Owner"), located at 33(n Tamiami Trail East, Naples,
Florida 34112, as follows:
For good and valuable consideration, receipt of which is hereby acknowl~ged,
OWNER hereby grants to the PRODUCER and the COMPANY, and their respective
parepts, subsidiaries and affiliates, licensees, successorS and assigns; the right to enter
upon and use the property located at 3838 Domestic Avenue, Naples, Florida 34104 (the
'~ "Property"), subject to any reasonable limitations imposed by.O'WNH&;. for the purpose
...-:.... . ~
of photographing and recording in connection with a progrm;n tentatively entitled "Best
Evidence" (the "Program") 'during production on the following date(s): December-:-,
2006. PRODUCER and the COMPANY may also SUbsequently enter.upon and use the
location conditioned upon the terms of this Agreement for purposes of reshooting or
preparing publicity or promotional materials upon dates and times mutually. agreeable
between OWNER, PRODUCER and the COMPANY. All physical emboclinients of
filming, recording and photography on the Property shall hereinafter be known as the
''Materials. "
PRODUCER and COMPANY agree to identify all potential OWNER locations
that will be used in the filming of Program prior to entry upon the OWNER's premises.
OWNER reserves the right to refuse or limit the use of locations at the OWNER's
discretion. PRODUCER and COMPANY may place ~ necessary facilities and
, -, "';;: :thi,i.1;f~;f't~/!~>j~<~._.~,__,'".:~.~......:",:;,~_~,:',:~,-,,),~~~~,;t,:,'~,"~':.'../._'_':L..'....:'_' .:~.:...,_,_:.:_l.:.:.~,"
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equipment on the Property, subject to any reasonable limitations imposed by OWNER,
_ ...and agrees to remove same after completion of work aI1d:.~eave the property i~ ~.g99d." __ . ....
. condifiolf upon vacating 'the 'PropertY:-: PRbfruCER':~d-'the=COM:PANY:WiiFuse" .~~~-,-,~
, .,' - ,,::' " " . '. ," . . ,', . ~-:'~:~~""',:- -'- ..._~, ..... . ~'..;...:~~~ .,;;"::;'~-~~~.';. ~ ~" '-' ,~~ ::~; -~, :".'.
~:":'~ - ~- . ~:--.' - :_.,.'::~:re?Sonable 9are to prevent damage t~said P:t:operty oij>ersons, and will ]n4e:mrufy~~e-;.:'~'_:-:~~,'.--'~:~-.~ ..-
. . OWNER and all other parties lawfully in po~session ~r., ,~~d PI:op~rty, ,,~~d.~~;~_~~~~ .~.~_'- " :_, .
~,,~_.~-~----..theI?' harmless from. any claims and'de~andsof'anyperSori~6:r-P~SOD_S~-~~i~g~~~r~!~9I:=:=, ~-,~".. _ -~_--~-
'. based upon personal injuries; death,prope~y damage, o~.~ther ~a~se of_~ctio~ s~~~~d by'
such person orpersons resulting directly fr?m anY act~f.negligenc~ on PRODUCER's or. ",
theCO:MP ANY's part inconnectiortwtili their use of th~ :Prop~rtY.' .. . -- . -,'
-- - ...... ...'
. PRODUCER shall produce evidence of insurance, covering its and any ,of the _d___~__.
COMPANY's employees present on the Property, prior to the Commencement of
production in the limits set forth below:
1) Workers' Compensation in the statutory limits of Florida Statutes,
Chapter 440 and all Federal Government Statutory Limits and
Requirements. Policy must include Employers liability with a limit of
$500,000 each accident.
2) Comme~ial General Liability Insurance-
Bodily injury- $1,000,000 per person, $1,000,000 each occurrence.
Property daxu.age- $1,0001000 per occ~nce.
Annual aggregate for all claims of $2,000,000.
.';~.
3) Automobile Liability -
Combined Single Limit $11000,000 on all owned and or non-owned autos.
All insurance policies, other than the Business Automobile and Workers'
Compensation policies, provided by PRODUCER to meet the requirements of this
Agreement shall name Collier County, Florida, as an additional insured.
OWNER grants to PRODUCER and the COMPANY all rights of any kind in and
to the Materials including without limitation the right to exploit the Materials throughout
the world, an unli.n:rited number of times, in perpetuity in any and all media, now known
or hereafter invented, and in connection with the Program or otherwise and for
. ~dvertising, merchandising, and promotional purposes in connection therewith and all
rights, including copyright in the Materials shall be and remain vested in PRODUCER
2
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andlor the COMPANY, and neither the OWNER, nor any tenant, shall have any right of
action against PRODUcER.andlorthe COMPANYor any other party arising out of any
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. ." ,- ~...- -- . use-Of said Mit~na1s~ UilJ.~ssucli liselior claime(nobe-aa~atorybiuntrue: -
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Neither the PRODUCERandlorthe COMPANY is obligated to actually use the
. ....
. .;; .:: "" -'.-., """,-"~,-,,-.-....,.:..,.,,... ....- .-.~.,,",,..~ .
- -- -. -~-""Pr-opertyor-pfoduce th~ ~~.gram_ ., or)Il~lu.9~~~_:Ma!e!ia1s in the Progr?ID for.which it was -- .
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shot or otherwise. PRODUCEKandloithe-COMPANY may a:t' any time eJect not to use
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the PropertY by giving -OwNER\vn~en-'n~~ce 'o{such electl9n, in-which- case, ~either
. suchpartY-shaIi have- ~y ;bligati~nh~t~~d~ .---
...;, --.~\~.. _..._,-_....~ ....__.~_.- ~.
The undersign~d .~cJmowl~4g~., th!lt J';RQPPCER and/or., the COMPANY is
photographing and recording such scenes in express reliance upon the foregoing. The
undersigned represents and warrants that the undersigned has all rights and authority to
enter into this agreement and to grant the rights granted hereunder. This is the entire
agreement. No other authorization is necessary to enable PRODUCERandlqr the
COMPANY to use the Property for the purposes herein specified.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
FOR OWNER:
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNrY COMMISSIONERS
COllJER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Frank Halas, Chairman
Witnesses:
FOR CREATIVE DIFFERENCES, LTD.:
By:
Print Name:
Title:
Print Name:
Printed Name:
3
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. Print Name:
Approved as to form and legal sufficiency:
Scott R. Teach,
Assistant County Attorney
". . .
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'DISCOVERY COMMVNICAUONS',-INC:
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Title:
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4
EXECUTIVE SUMMARY
Recommendation to Authorize the County Attorney's Office to Prepare and Advertise an Ordinance
Amendment Increasing the Maximum Additional Homestead Exemption for Low-Income Seniors
from $25,000 to $50,000 .
OBJECTIVE: Board direction to the County Attorney to prepare and advertise an amendment to Ordinance
No. 99-85 increasing the maximum additional homestead exemption for low-income seniors from $25,000 to
$50,000.
CONSIDERATIONS: In 1999 the Florida Legislature created Section 196.075, Florida Statutes, providing
that in accordance with Section 6(f), Art. N of the State Constitution, the Board of County Commissioners
of any county or the governing authority of any municipality may adopt an ordinance to allow an additional
homestead exemption of up to $25,000 for any person who has the legal or equitable title to' real estate and
maintains thereon the permanent residence of the owner, who has attained age 65, and whose househO'ld
income dO'es not exceed $20,000.
On November 23, 1999 the Board adopted Ordinance NO'. 99-85 that authO'rized this additional homeste8d.
exemption for low-income seniors. (Copy of Ordinance 99-85 attached). This Ordinance is known and cited.
as the "Collier County SeniO'rs Homestead Exemption Ordinance."
'B1e _~lectors of the state of Florida R(CentIy approved a constitutional ~dment to Section 6 (Homestead . ,
Exemptions) of Article VII of the State Constitution authorizing CO'unties or municipalities, for the purpose
O'fthclli- respective tax levies, and subject to the provisions of general law, to grant an additiO'nal homestead
exemption not exceeding $50,000 to any person who has the legal or equitabletitIe to' real estate and
maintains thereon the permanent resiqence of the oWner and who has attained age 65 and whose household
income, as defined by general law, does not exceed $20,000. The constitutional amendment also authorized
the amendment increasing the maximum additional homestead exemption for low-income seniors shall take
effect on January 1, 2007.
On December 7, 2006 the Collier CO'unty Property Appraiser contacted the County Manager to determine
. . ',' whether. the. Board would be enacting the additional low-income senior homestead' exemption. '. This' .'... :', :
---.:....: EXec1J.tive Summary was prepared to address this policy issue;, _.':-"~~~--- .-,,~. -~ .,. ":--:"'.':~".-_. .:, '-':---!"__'_ ~~;7:-':'~~:~:.~
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:\<:'.'GROWTIiMANAGEMENT ~ACT: There is nO' Growth M~gement'Jinpacf'asso6iated\vith'~~,:.;:/':~n,'r;
~~~~~t~~,;r:~'.- 'T~- . > "" . .......... ., ,.~;ii;.~~i~;..~:~1:!f'~;~~1E~li;
iX:::{', ms~~. OOAq;:~' The...:pz.QP~ Appririser's $if iridicl:lted~thattho/e~are"I.~ ll.(i:~)q~mcQIile.:~~,o~';;;:~::::;i~#.~, ,.
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~:S::d~~~y~l#i~..~~elyes 'of ~e -,eXistitig. $25,000'a4ditional homes~~~exetp;I>-tipI.lr ~~Q1oIjz.~4~W~Qtd.i~,,~p.~~~~;.~?~;~tL: .
;~~~nt~y.iiJ~~~:~~~ld ~rii qcta~(>Ii:Urider ',the ei!.~~~_.O'rdi1f~ce:~a:t€crwi?~:f~;--~~P:ff~:~l?~~~~~:-
.. Genera.lFurrd1Dlp~ct ofapproxunatelY$100 000) r... '.',' ,,,_; '1'..; d~...,,=""'~+.,",~"...,.___.,"'_~,...!. "/'~' ....~=c~_..
~J..",-' ..~~(F&(ctiirentQr.ogt:~. p~~ipjt.iQ~, Jncie8$ing the additional19W::Wcom~?~iiliioI~l?:qw:~i~!~~ei~ption~::;;tSC~i;'~.~ ':"
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RECOMMENDATION: That the Board of County Commissioners:
· Directs the County Attorney to prepare and advertise an amendment to Ordinance 99-85 increasing
the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000.
· Request the Property Appraiser to make this change effective for the 2007 tax roll (FY 08 budget).
Prepared by: Michael Smykowski, OMB Director
. ... .. ..'
. I
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"iri'
ORDINANCE NO! ". ...u..
AN ORDINANCE PROVIDING FOR ADDmONAL
HOMEST'EAD EXEMPTION FOR QUAlJFYING PERSONS
AGE 65 AND OLDER; PROVIDING FOR TITI.E AND
CITATION; PROVIDING FINDINGS; PROVIDING
DEFINITIONS; PROVIDING FOR THE CREATION AND
ESTABUSHMENT OF ADDmONAL HOMESTEAD
EXDfPTION; . Clun:RIA; PROvmiN'(} FOR
ELIGIBILITY AND APPLICATION; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONF'LIcr AND SEVERABILI1Y; AND
PROVIDING FOR AN EFFECTIVE DATE.
I
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~. in 1999 the Florida Lesfslature created Scctiop 196.075. Florida Statutca,
providing that in accordance with Seedon 6(f), Art. IV of the State Constitutio~ the Board of
County comnunioners ~f any county or tho governing authority of any municipality may adopt an
ordinance toaDow an additional homestead exemption of up to 525.000 for any person who bu
d,1c Icgal or equitJable' title to real estate and maintains thereon tho ~ reaidCl1CO of the
. owner. who hu ~ed age 65. and whose household uicoQ!C dOCl not exc:ced $20,000; and
WHEREAS. tho Collier County Board of C~ Commissioilcrs desires to prOvide tbb
ba1efit to the residents of Collier County who meet the quaIi1ying critcri.l; IDd
. .
WHBREAS. Section 196.075. Florida Statutes, requires thlIt tho Board of County
Commissioner;s deliver. copy of this ordinance to tho property appraiser DO later than D<<:embor
., :' '. ',. ' . " ',-.;.., ,~"
. . of the year pric>r to the year the exemption Wl11 take effeCt. ;e~' .' "'"
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SECl'ION THREE: DEFINITIONS.
For the purposes of this Ordinance, tho definitions contained in Section 196.075, Florida
Statutes. shaI1 apply and cootro~ in accordance with the subject matter. unless the text and/or
conre:a of this Oramance provides otherwise.
SEen-ON FOUR: CREATION AND ESTABLISHMENT OJ!' ADDmONAL
HOMESTEAD EXEMPTION; CRITERIA
There Is hereby created and establishcclan addidocia! homestead G.Ot'lIption pursum to
Section 195.075, Florida Statutes, in tho I1tIOUftt of525,ooo for any person who has tho legal or
equitable title to real estate and ma!ntaiIII thereoG tho pennaneat residence of the OWDCI", who has
attained ago 65, and whose tsouscbold income does not eltCeed $20.000.
SECTION FIVE: EUGlBILITY AND APPUCATION
"
.,
Tho exemption applies only to taxes levied by the Board of County Commissioners of
ColUer County, Florida. iDcJudinS dependOl1t spociaI districts and municipal ervico taxiDs units.
Those persons entitled to the homestead exesnptlon hi SCc:tion 196.031, Florida Statutes, may
apply for and receive au additiooaJ homestead exemption as provided betein.
The taxpayer claiming the exemption is required to ammaDy submit to tho property
appraiser. DOt later than March I, a swomltatcmont othousehold income on a form ptCICribod by
'thO Departnulnt otRcvenuc. Copies of aD)' fedcrallncome ~ returns for the prior year...1ity .
wap aDd. earnlngsstatements (W.2 foons). and any other d~Cnts recwked by the~.
..... .,. '. ..' '" .' ", ,',
,-.. '-':." .fo.:.-r<.....i --ber o' f th' ... h-..--I.-J'" 'must be' sub-"'-" .... 'Ji:~"" 1 ........- +~.":".'..:...~~t" shaD."..., .:.. ",'.){~,A,:~r:,
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~~~i~f;ri.~~~i!~~:,~-~'~~~~~~I~~~i~f\~~~11
"" N -'.... ON. FIVE~ JIlfCLUSION IN no: CODE QF LAWS AND ORDINANCE ~,:.~=:,';;!X" i' ;:::':;""...:_;'i;!"""-
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separate, distinct and independent provision and such holding shall not affect tho validity of tho
remaining portion.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shaD become effective upon filing ,with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissionen of Collier
County, Florida. this ~ay of --nOV' . 1999.
AlJEST:
DWIGHT B. B~OCK, CLERK
BOARD OF CouNTY COMMISSIONERS
coLLIEJt CO~, FLORIDA r
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Davidt:Wei8C1 .~
County Attorney
This ordlnon(;efJItd with tn.
Sec:~ry of Stote'. Offlc:. ....
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGb'l' B. BRO, Clt, Clerk of Courts iu' and for the..;
,>0 ;:a
Twentieth Judicial Circuit,' Coll~er CoUnty, Florida, do ~~e~
certify that the foregoing is, a true copy of.: ~~. ~
m.'
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ORDIBAlrCB NO. 99-85 .;!!~~ .r:-
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Which' was adop.ted by t~e Board' of c~un~y Commi,illiio~. ~
t~e 23rd daYo! November, 1999, dtid~ 'R~la.~. $~8sio:D' ,.
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REPRESENTATIVES
ENROLLED
HJR 353, Engrossed 1
2006 Legislature
1
2
3
4
5
6
7
.8
9 Be It Resolved by the Legislature of the State of Florida:
10
1,1
12
13
14
15 :
16
17
:.,113 ..',,;:.'.,.
House Joint Resolution
A joint resolution proposing an amendment to Section 60f
Article VII and the creation of Section 26. of Artiole XII
of the State Constitution to increase the maximum
additional homestead exemption for low-income seniors from
$25,000 to $50,000 and to schedule the amendment to take
effect January I, 2007, if adopted.
I, ".
~hat the f~+1owin9 amendment to Section 6 of~ticls,VII
~. .
and the creation of Section 26 of Article XII of' the State
Const~tution are agreed to and shall be ~ubmitted to the
electors of this sta~e for approval or reject~on at the next
g~ner~l election or at an earlier special election specifically
authorized' by law for that purpcise:
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ENROLLED
HJR 353, Engrossed 1
H 0 USE
O. F
R E PRE S E N TAT I V E' S
2006 Legislature
28 condominium, or indirectly by stock ownership or membership
29 representing the owner's ormember1s proprietary interest in a
jO corporation qwning a fee or a leasehold initially in excess of
31 ninety-eight years.
32 (b) Not more than one exemption, shall be allowed any
33 individual or family unit or with respect to any residential
34 unit. No exemption shall exceeq the' value of the real estate
,,' 35 assessable to the owner or, in case of ownership thrc>1..1gh stock
36 or membership in a corporation, the value of the proportion
37 which the interest in the c'oJ:poratfon bears to the assessed
,-38 value of .the ,p~op~rty.
39 (C) By g~neral law and sUbject to conditions specified
40 therein, the exemption shall be increased to a total ~f twenty-
41 five thousand dollars of the assessed valUe, of the real estate
for each school district levy. By general law and subject to
- . .
C9nditions sPecified therein, the ~iemption for ail other levies
.' . " . '. .', '". '; "~" -, . . .: . .. , . "
44 maybe' increaEjed'up to'ati'a,it!o~t~ot" e~~eedihsr ten th6tisand
,. .'. .,'. ,', ","-, " .' .', '.1 ': '. . .... ".
'dollars of the:'.' assess~d. val ue......cif1. the'_'reaI~_e:stat~_..'lf'.'tf1e;bwh~r:-,
42
43
45
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REPRESENTATIVES
ENROLLED
HJR 353, Engrossed 1
2006 legislature
55 . respect to assessments for 1982 and each year thereafter.
56 However, su~h inqrease shall not apply with respect to any
57 assessment roll until such roll is first determined to be in
58 compliance with the provisions of section 4 bya .state agency
59 designated by general law. This subsection shall stand repealed
60 on the effective date of any amendment to section 4 which
61 provides for the ass'essment' of homestead property at a specified
62 percentage of' its. just.. value.
63 (e) By general 1aw and subject to conditions specified
64 therein, the Legislature may provide to renters, wpo are
65 permanent residents, ad valorem tax relief <;m all ad vaioreI'l\' tax .,
.66
67
68 (f)
69 tax levies
70 an
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FLORIDA
HOUSE
o F
REPRESENTATIVES
. EN ROLLED
HJR 353, Engrossed 1
2006 Legislature
82
83
ARTICLE XII
SCHEDULE
84 SECTION 26. Increased homestead exemption.--The amendment
85 to Section 6 of Article VII increasfng the maximum additional
86 amoUnt of the homestead exemption for low-'income seniors shall
87 take effect January 1, 2007.
. ,
88 BE IT FURTHER RESOLVED. that the following statement be
89 placed on the ballot:
90 CONSTITUTIONAL AMENDM~
91 ARTICLE VII, SECTION 6
92 . AR~ICL~ XIII SECTION'~6'
. .
93 INCREASEDHOMg~TEAD EXEMPTIO~.--proposipg amendment of the
94 State Constitution to increase the maximum additional homestead
95 'exemption farlow-income seniors f~om $25/000,to $50,000 and to
96 schec;lule the amendment to take. effect Janua;ry I, 2'007, if
97 adopted.
Agenda Item No. 12A
December 12, 2006
Page 1 of 54
EXECUTIVE SUMMARY
Recommendation for the Board to make a written settlement offer as provided by Section
70.001( 4)(b) of the Bert J. Harris, Jr., Private Property Rights Protection Act to settle Case
No. 05.962.CA currently pending in the Circuit Court of the Twentieth Judicial Circuit in
and for Collier County, Florida and also to resolve all claims including, without limitation,
claims under the Bert J. Harris, Jr., Private Property Rights Protection Act that relate or
refer in any way to the May 10, 2005 PUD Amendment denial relative to what is sometimes
referred to as the Cocohatchee Bay Project (Planned United Development Ordinance No.
2000-88).
OBJECTIVE: Recommendation for the Board to make a written settlement offer as provided
by Section 70.001(4)(b) of the Bert J. Harris, Jr., Private Property Rights Protection Act to settle
Case No. 05-962-CA currently pending in the Circuit Court of the Twentieth Judicial Circuit in
and for Collier County, Florida and also to resolve all claims including, without limitation,
claims under the Bert J. Harris, Jr., Private Property Rights Protection Act ("Harris Act") that
relate or refer in any way to the May 10, 2005 PUD Amendment denial relative to what is
sometimes referred to as the Cocohatchee Bay Project (Planned United Development Ordinance
No. 2000-88).
-
CONSIDERATIONS: On or around May 1, 2006, the owners. of the property submitted a
notice of claim to Collier County purportedly pursuant to the Harris Act, Section 70.001, Fla.
Stat. This claim allegedly derives from the Board's May 10,2005 denial of Lodge Abbot's PUD
Amendment, and more specifically, requested amendment of the PUD's Bald Eagle Management
Plan. In addition, Lodge Abbott also filed a Petition for Certiorari, Case No. 05-967-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County, Florida. The general
purpose of this Petition is to attack the Board's decision and request the court to require the
Board to hold another hearing on the matter.
Under the Harris Act, a local government has 180 days within which to make a written
settlement offer in response to such a claim. The settlement offer is to be in writing and can
involve any of the following alternatives set forth in the statute:
1.
2.
3.
4.
5.
6.
7.
- 8.
An adjustment of land development or permit standards or other provisions
controlling the development or use of land.
Increases or modifications in the density, intensity, or use of areas of
development.
The transfer of developmental rights.
Land swaps or exchanges.
Mitigation, including payments in lieu of on site mitigation.
Location on the least sensitive portion of the property.
Conditioning the amount of development or use permitted.
A requirement that issues be addressed on a more comprehensive basis than a
single proposed use or development.
1
Agenda Item No. 12A
December 12, 2006
Page 2 of 54
9. Issuance of the development order, a variance, special exception, or other
extraordinary relief.
10. Purchase of the real property, or an interest therein, by an appropriate
governmental entity.
11. No changes to the action of the governmental entity.
The 180-day period may be extended by agreement of the parties, as has occurred in this case.
At this time, the Office of the County Attorney requires direction from the Board concerning the
making of a settlement offer to Lodge Abbott by the County. A settlement agreement between
the County and Lodge Abbott would settle any and all claims arising from or relating in any way
to the claim filed with the County pursuant to the Harris Act and the Petition for Writ of
Certiorari in Collier County Circuit Case No. 05-967-CA arising from the Board's denial.
A draft settlement agreement to which Lodge Abbott would seemingly agree is attached as
Exhibit A. The settlement agreement was originally provided by Lodge Abbott and has been
changed several times following meetings with County staff to its current form. Among the key
points of this draft settlement agreement are:
-
.
The County will receive $3 million for its Affordable Housing Trust Fund (also to
be taken as a credit in the event of the adoption of a mitigation fee).
The County will receive $3 million for Vanderbilt Drive improvements and
bridge enhancements.
The County will receive $500,000.00 in satisfaction of Lodge Abbott's obligation
to construct a sidewalk. [Transportation requests the following alternative
commitment: The Developer building a 10' pathway along the western side of
Vanderbilt Drive (consistent with the Comprehensive Pathways plan adopted
earlier this year) in lieu of building the Wiggins Pass Road sidewalk and the
sidewalk on the east side of Vanderbilt.]
The golf course area of the project shall remain as open space in perpetuity
regardless of whether the golf course is discontinued or abandoned.
Assuming no successful challenge by a third party to the settlement agreement,
the County shall be released of all claims relating or referring in any way to the
denial of the PUD Amendment that occurred on May 10, 2005 including, without
limitation, claims under the Harris Act.
The settlement agreement would restrict the County to utilizing existing permits
from the United States Army Corps of Engineers (US ACE) as technical assistance
with regard to the bald eagles on the property in the event that federal regulations
applicable to the bald eagle change in the future.
The County will not require an Environmental Impact Statement (EIS) absent a
substantial amendment of the SDPs, and the settlement agreement defines such a
substantial amendment as a 15% impact on wetlands beyond impacts as permitted
by the South Florida Water Management District and the USACE. The Board
should note that the current benchmark for the requirements of a substantial
amendment and an EIS are impacts of more than 5%.
.
.
.
.
.
.
2
Agenda Item No. 12A
December 12, 2006
Page 3 of 54
. Lodge Abbott shall be relieved of the PUD sunsetting provisions of the Land
Development Code (LDC) for a period of twenty (20) years. After that time -
twenty years from the effective date of the settlement agreement - Lodge Abbott
shall be subject to the five (5) year sunsetting provisions now in effect in the LDC
and regardless of any subsequent changes to the LDC in the future.
. Lodge Abbott to purchase and preserve an off-site bald eagle nesting territory
prior to the initiation of construction activities on the project.
. Lodge Abbott to construct an artificial nest tree on a salt flat approximately 5000
feet northwest of nest CO-19 once the necessary federal, state and local permits
are obtained.
. The settlement agreement is contingent upon the three SDPs already submitted to
the County being approved by the County. (AR# 5282, AR# 5283 and AR# 5284)
. Lodge Abbott may opt out of the agreement and require the County to return all
sums paid for Vanderbilt Drive improvements and bridge enhancements as well
as sidewalk construction and any release shall be deemed null and void if Lodge
Abbott determines that future regulations to be adopted by the federal government
will negatively impact its ability to develop in accordance with the Development
Standards set forth in Exhibit 1.
. If the settlement is successfully challenged by a third party, the release of the
County shall be null and void and the County will have to return the contribution
for Vanderbilt Beach Dri ve improvements and bridge enhancements as well as the
contribution related to the obligation to build the sidewalk.
NOTE: Circumstances have changed since Lodge Abbott initially sought to
amend the PUD and the Bald Eagle Management Plan. County staff has now
observed an active nest in a living pine tree approximately 1,000 feet to the
northwest of the original eagle nest. This means that there are now two (2) nests
on the site as the original nest is deemed to remain active for a period of up to five
years under federal law. Thus, the Bald Eagle Management Plan attached as part
of the settlement agreement and the Development Standards no longer fully
address the bald eagles on the property and in fact, eagles have now situated
themselves close to a different building that was originally to be the first building
to be targeted for construction. Within the settlement agreement document,
Lodge Abbott has offered to deal with such a change of circumstance by stating
that it would simply advise the County of the change and the regulations required
by governing agencies such as the US ACE, the U.S. Fish and Wildlife Service,
and the Florida Fish and Wildlife Conservation Commission without any further
amendment of the Bald Eagle Management Plan. The Board should take into
account that this provision was intended to deal with circumstance arising after
the settlement agreement was achieved. Under these terms, Lodge Abbott would
have no obligation to amend the Bald Eagle Management Plan as it now exists if
the Board elects to adopt the settlement agreement.
FISCAL IMPACT: The purported Harris Act claim was accompanied by an appraisal that
asserts a diminution in value of approximately $239,890,000.00 due to the denial of the PUD
Amendment on May 10, 2005. If it filed suit under the Harris Act, Lodge Abbott would
3
Agenda Item No. 12A
December 12, 2006
Page 4 of 54
apparently seek recovery in that amount. In addition, if Lodge Abbott is successful in
prosecuting the claim, it would be entitled to reasonable attorneys' fees and costs. At this time,
of course, the purported Harris Act claim is disputed and any ultimate potential fiscal impact to
the County is unknown. The cost of defending against the claim is currently being paid through
Community Development and Environmental ServiceslFund 111. No insurance exists to cover
damages under the Harris Act.
GROWTH MANAGEMENT IMPACT: The proposed Bald Eagle Management Plan and the
future handling of the Plan are deemed not consistent with the County's Growth Management
Plan. However, the Harris Act allows such deviation where a local government determines that
the public interest in the ordinance at issue is still protected by the terms of the settlement
agreement.
RECOMMENDA TION: It is recommended that the Board of County Commissioners give
direction to the Office of the County Attorney concerning the making of a settlement offer to
Lodge Abbott.
PREPARED BY:
Michael W. Pettit, Chief Assistant County Attorney
hlpubliclbcc agendall212061exec sum.cocohatchee
4
Item Number:
Item Summary:
Meeling Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
12A
Agenda Item No. 12A
December 12, 2006
Page 5 of 54
This item to be heard at 1 :00 p,m. Recommendation for the Board to make a written
settlement offer as provided by Section 70.001(4)(b) of the Bert J. Harris, Jr. Private
Properly Rights Protection Act to settle Case No 05-962-CA currently pending In the Circuit
Court of the Twentieth Judicial Circuit !n and for Collier Counly, Florida and also to resolve all
claims including, without limitation, claims under the Bert J Harris, Jr., Pnvate Property
Rights Protection Act that reiate or reter In any way to the May 10. 2005 PUD Amendment
denial relative to what is sometimes referred to as the Cocohatchee Bay Project (Planned
United Development Ordinance No 2000-88)
12/12/20069:0000 AM
Approved By
David C, Weigel
County Attomey
County Attorney
County Attorney Office
Date
121612006 1 :OB PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
1216120062:08 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
1216/20064:17 PM
Agenda Item No. 12A
December 12, 2006
Page 6 of 54
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into this _ day
of _, 2006 by and between the Board of County Commissioners of Collier County,
Florida, (the "County") and Lodge Abbott Associates, LLC, ("Lodge Abbott").
WITNESSETH:
WHEREAS, Lodge Abbott is the owner of property located in Collier County,
which is subject to a Planned Unit Development Ordinance, Ord. No. 2000-88, known as
Cocohatchee Bay ("Project"); and
WHEREAS, Lodge Abbott submitted an application for a PUD amendment on
January 11, 2005 to amend the Bald Eagle Management Plan; and
WHEREAS, on May 10, 2005, the County denied Lodge Abbott's application to
amend the Cocohatchee Bay Planned Unit Development document ("PUD
Amendment"); and
WHEREAS, Lodge Abbott filed Case No. 05-962-CA, which is a Petition for
Writ of Certiorari in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County Florida seeking to overturn the County's denial of the PUD Amendment; and
WHEREAS, Lodge Abbott presented a claim to the County pursuant to g70.001,
Fla. Stat., the Bert 1. Harris, Jr., Private Property Rights Protection Act (''the Bert Harris
Act"), based on the County's denial of the PUD Amendment; and
WHEREAS, pursuant to g70.001(4)(c)of the Bert Harris Act, within 180 days
after receiving the claim the Board of County Commissioners met on December 1~:2006
at a public meeting and approved the making of a written settlement offer to Lodge
Abbott; and
WHEREAS, the settlement offer protects the public interests served by the
regulations at issue; and
[deleted WHEREAS, the settlement offer provides the appropriate....J
WHEREAS, Lodge Abbott accepted the settlement offer;
NOW THEREFORE, in consideration of the mutual covenants set forth in this
lof6
Agenda Item No. 12A
December 12, 2006
Page 7 of 54
Agreement, the sufficiency of which is acknowledged. and with the intent to be legally
bound, the County and Lodge Abbott mutually agree to the following:
1. The above recitals are true and correct and incorporated herein.
2. The Development Standards for the Project are attached hereto and
incorporated herein as Exhibit "1 n. In addition, the Project shall be exempt from any
regulations adopted by Collier County applicable to listed species which are adopted after
the effective date of this Agreement. Any amendments to the Plan approved by the
Florida Fish and Wildlife Conservation Commission. the United States Fish and Wildlife
Service and/or the U.S. Army Corps of Engineers (USACE) shall be automatically
incorporated into the Plan without further action by Collier County. Lodge Abbott shall
provide copies of any such amendments to Collier County. To the extent allowed by law,
the County shall utilize the existing permits from the US ACE as technical assistance with
regard to the Bald Eagle in the event that the federal regulations applicable to the bald
eagle changes in the future.
3. The settlement 1S contingent upon the three Site Development Plans
(SDPs) that Lodge Abbott has submitted being approved by the County. The three SDPs
are AR5282, AR5283 and AR5284. The County acknowledges that the SDPs were
timely applied for, and have all of the necessary federal and state permits. The
Environmental Impact Statement (EIS) in effect at the time of SDPs were submitted shall
be accepted by the County. The County will expedite the review of the SOPs and aU
future building permit applications submitted by Lodge Abbott or any subsequent
purchaser of the landowner(s)' property. The County further acknowledges that the
existing EIS does not need to be amended unless the SOPs are substantially amended.
For purposes of this Agreement, a substantial amendment shall mean an increase in
wetland impacts beyond the impacts permitted by the South Florida Water Management
District and the Army Corps of Engineers by more than fifteen (IS) percent.
Notwithstanding the current SDP submittal for AR , the Lodge Abbot
acknowledges it is required to obtain all state, federal and local approvals for the boat
docks reported on AR
20f6
Agenda Item No. 12A
December 12, 2006
Page 8 of 54
4. The County acknowledges that Lodge Abbott is not required to provide
affordable workforce housing under either the PUD document or Development Standards
unless Lodge Abbott decides to construct units on the R-2 parcel. Lodge Abbott has
decided not to construct any units on the R-2 parcel. Even though Lodge Abbott has no
obligation to provide affordable workforce housing, Lodge Abbott will contribute $3
million to the County as a contribution to affordable workforce housing. The payment
will be made at the rate of $600,000 for each of the five residential condominium
buildings at the time a building permit is picked up for that residential condominium
building. The payment shall be a credit against any affordable workforce housing fee
adopted by the County. lfno fee is adopted or the fee is less than the payment set forth in
this paragraph, the County shall retain the excess payment.
5. Within 15 days of the approval of the latter of the three SOPs, Lodge
Abbott shall contribute the sum of $3,000,000 to the County to fund Vanderbilt Drive
improvements and bridge enhancements. There will be no impact fee credits for the
payment of this sum. The County may also request Lodge Abbott to contribute an
additional sum equal to the proposed road impact fees due for 590 multifamily dwelling
units to assist the County in funding the construction of the Vanderbilt Drive conidor
improvements. Any sums paid over the initial $3,000,000 shall receive road impact fee
credits.
6. Because of the restrictive construction schedule in the Bald Eagle
Management Plan attached as Exhibit B to Exhibit 1 to this agreement the County hereby
exempts the Cocohatchee Bay Planned Unit Development from the PUD Sunsetting
provisions within the Land Development Code for a period of twenty (20) years, after
\1i,bidt dle five (5) year sunsetting provisions now in effect in the Land Development
Code shall govern. (See Land Development Code Section 10.02. 13(D)1.a.). However,
Lodge Abbott shall still be obligated to provide annual PUD monitoring reports.
7. As each residential tower receives a certificate of occupancy, Lodge
Abbott shall record a restrictive covenant on one fifth of the GC parcel according to the
phasing schedule set forth in Exhibit 2, restricting use of the entire GC parcel to two
residential units and a golf course and further providing that if the golf course is ever
30f6
Agenda Item No. 12A
December 12, 2006
Page 9 of 54
diIcontinued or abandoned for any re&sOn,. then the pomonof the GC parcel used tbr the
golf COW'Se shall remain as open space and limited to passive recreational uses in
perpetuity.
8. To satisfy Lodge Abbott's obligation to construct a sidewalk along the
northern portion of the Wiggins Pass Road right of way along the projects frontage on
Wiggins Pass Road, Lodge Abbott will pay the sum of $500,000 to the County upon the
earlier of (1) issuance of the building permit for the first residential tower or (2) three (3)
years from the Effective Date of this Agreement. [Transportation requests the following
altemative commitment: The Developer building a 10' pathway along the wcstem side
of V8Dderbilt Drive (consistent with the Comprehensive Pathways plan adopted earlier
tbiayear) in lieu of building the Wiggins Pass Road sidewalk and the sidewalk on the east
side of Vande1bilt.]
9. Building 5 on the Bald Eagle Management Plan phasing plan is increased
from 15 to 17 habitable floors, not to exceed 175 habitable feet as set forth in Exhibit 1.
10. This Settlement Agreement shall be presented to the Circuit Court for
approval in the case of Lodge Abbott Associates, LLC, Petitioner vs. Collier County,
Respondent, Case No. 05-967-CA. In the event the Circuit Court does not approve this
Settlement Agreement for any reason, this Settlement Agreement shall, nonetheless,
remain binding upon the parties.
11. Lodge Abbott shall provide the County with a release satisfactory in form
t6 Cbe County of all claims which Lodge Abbott or successor(s) in interest have or could
have userted including, without limitation, claims under Chapter 70.001, Florida
Statutes, from the denial of the PUD Amendment. The fully executed release shall be
provided to the County on the fIrst business day after the 30th day following the County's
approval of the SDPs, unless a court of competent jurisdiction has, prior to the expiration
of the 30-day period, temporarily enjoined the construction permitted by this Settlement
Agreement upon the subject property based on a determination that this Settlement
Agreement is likely to be invalid or ineffective. If the injunction is ultimately dissolved
and the Settlement Agreement is upheld, Lodge Abbott shall provide the County with the
aforementioned release. If a lawsuit challenging the validity or effectiveness of the
40f6
Agenda Item No. 12A
December 12, 2006
Page 10 of 54
Settlement Agreement is filed. whether before or after Lodge Abbott provides a release to
the County. Lodge Abbott and the County shall cooperate in defending this Settlement
Agreement, with each party bearing its own attorney's fees and costs. If, after the
exhaustion of all appeals, the Settlement Agreement is found to be invalid or ineffective,
the County shall repay Lodge Abbott all sums paid pursuant to paragraphs 5 and 8 above
and any release given shall be deemed null and void.
12. After all Certificates of Occupancy are issued for the residential
development authorized on Parcel R-I, up to twelve members of the public may be
admitted through the gatehouse per day during eagle nesting season between dawn to
dusk, to view the eagles nest under a program to be established by Lodge Abbott. The
number of individuals that may view the eagles may be increased by the Master
Homeowner's Association.
13. The rights, burdens and benefits of this Settlement Agreement as well as
the rights of Lodge Abbott under Case No. 05-967-CA and the Bert Harris Act Claim
filed by it that resulted in this Settlement Agreement, shall inure to the benefit of and be
enforceable by, any and all future and successor owners of the property if and to the
extent it is conveyed or sold by the present property owner while this Settlement
Agreement remains effective.
14. The County and Lodge Abbott acknowledge that this Settlement
Agreement supersedes all discussions, agreements, and statements made by Lodge
Abbott and is the product of mutual negotiation and no doubtful or ambiguous provision
that may exist in this Agreement is to be construed against any party either based upon a
claim that the party drafted the ambiguous language or that the language was intended to
favor one party or the other.
15. The parties also acknowledge that it is uncertain how the proposed
deIiIting of the bald eagle will impact Lodge Abbott's ability to develop in accordance
with the Development Standards set forth in Exhibit 1. Therefore, the parties agree that
in the event Lodge Abbott believes that existing or proposed regulations applicable to the
bIkleagle will negatively impact its ability to develop in accordance wit&. the
Development Standards set forth in Exhibit 1, Lodge Abbott may terminfJf,: this
50f6
Agenda Item No. 12A
December 12, 2006
Page 11 of 54
SCiUleaat Agreement and all sums paid pursuant to paragraphs 5 and 8 above sba1l be
ropaid to Lodge Abbott by the County and any release given by Lodge Abbott to the
Countyaball be deemed null and void Lodge Abbott must exercise its "right to tClrminate
dIi5 Settlement Agreement pursuant to this paragraph within one year of the Bffective
Date of this Settlement Agreement.
16. Except in an action to enforce this Agreement, neither this A.grceincot nor
_ af;its. tenDs shall be admissible in evidence in any administrative or civil Jitiaation.
biltwOClD the pertics or their successors unless the parties or their successors first atipuJatc
in writiDg .toadmissibility.
IN WITNESS WHEREOF, the County and Lodge Abbott have executed this
Agreement as evidenced in the following signature blocks:
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, CHAlRMAN
DEPUTY CLERK
WITNESSES:
Signed Name
LODGE ABBOTT ASSOCIATES, LLC,
a foreign limited liability company
registered to do business in Florida
Printed Name
By:
Name
Title
Signed Name
Printed Name
Approved as to form and legal sufficiency:
Marjorie Student-Stirling, Assistant County Attorney
h/publidbcc Bgendall21206fcocohlltchee stlmnt agrrnnl
60f6
Agenda Item No. 12A
December 12, 2006
Page 12 of 54
EXHIBIT 1
to Settlement
Agreement
._..._,__ . . __~O.'_' ......-----
Agenda Item No. 12A
December 12, 2006
Page 13 of 54
COCOHATCHEEBAY
Development Standards
EXHIBIT "I"
INDEX PAGE
List of Exhibits and Tables n
Statement of Compliance III
SECTION I Property Ownership, Legal
Description and Short Title 1.1
SECTION II Project Development 2.1
SECTION m Residential Development Areas 3.1
SECTION IV Golf Course I Open Space 4.1
SECTION V Preserve Di strict 5.1
SECTION VI General Development Commitments 6.1
EXHIBIT
iJ..
LIST OF EXHIBITS AND TABLES
Agenda Item No. 12A
December 12, 2006
Page 14 of 54
EXHIBIT "A"
Planned Unit Development Master Plan
EXHIBIT "8"
pun Master Plan with Eagle Zone Overlay and
Bald Eagle Management Plan
EXHIBIT "C"
Landscape Berm by Michael Redd & Associates
TABLE I
Land Use Summary
TABLE II
Development Standards
II
.-
STATEMENT OF COMPLIANCE
The development of approximately 532.09 :l: acres of property in Collier County to be known as
Cocohatchee Bay ("Proicct"f will be in compliance with the goals, objectives and policies of Collier
County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use
residential golf course community and will be consistent with the applicable elements of the Collier
County Growth Management Plan for the following reasons;
1. Traffic ways, utilities, and other public facilities necessary to serve the Cocahatchee Bay Project
are adequate. The Cocohatchee Bay Project will participate in the expansion of ex isting public
facilities to the extent afits impact on those facilities via payment of impact fees.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise
residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities and
services permits the Development's residential density as described in Ohjective 2 of the Future
Land Use Element.
4. The project Development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 afthe Future Land Use Element.
5.
The property was down-zoned during the Zoning Re-evaluation Process which resulted in an
action establishing several zoning districts and densities:
Parcel I - 11.19 acres RSF-3st
Parcel 5 - 16 \.63 acres RSF-4
Parcel 6 - 13.15 acres RSF-4(3)
Parcel 7 - 69.61 acres RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st{3 )
RMF-12(3)
RMF-l2st(3 )
RMF-12st(3)
RMF-12st(3 )
RMF-6st{3)
-
33.57 units
646.52 units
39.45 units
208.83 units
Parcel 8
194.60 acres
583.80 units
Parcel 9
Parcel 10
\.26 acres
80.65 acres
3.78 units
241.95 units
TOTAL
1757.90 or 1758 units
532.09 acres
The Proiect will contain a total of 590 units on 532.09 :l: acres for a gross density of 1.11
dwellings per acre. This action makes the land use and density consistent with the Future Land
Use Element of the Growth Management Plan.
III
-
Agenda Item No. 12A
December 12, 2006
Page 15 of 54
6. Improvements are planned to be in compliance witb applicable sections of the Collier County
Land Development Code as set forth in Objective 3 oftbe Future Land Use Element.
7. The Proiect is planned to protect the functioning of natural drainage features and natural
groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
8. All tinallocal development orders for this Project are subject to Chapter 6.02.00 Adequate Public
Facilities, of the Collier County Land Development Code (LDC).
IV
Agenda Item No. 12A
December 12, 2006
Page 16 of 54
SECTION I
PROPERTY OWNERSHIP & GENERAL 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 COCOHA TCHEE BAY.
t.1 LEGAL DESCRiPTION
PARCELl
THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP
48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT
4, SAID SECTION 8, RUN S.88024'40"W. (SHOWN IN ERROR AS S.88"26'40"W. IN O.R.
BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE
692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS),
ALONG THE SOUTH LlNE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY
PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION
WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R, BOOK 87, PAGES 439
THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R.
BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE
RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439
THROUGH 447), OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN N.29011'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE
RUN N.3QOO'OO"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET
(SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN
N.67"30'OO"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN
IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN
N.22031'QO"W., (SHOWN IN ERROR AS N.22030'OO"W. IN TIlE OFFICLAL RECORDS),
ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH,
ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION
WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT
LOT 3. SAID SECTION 8; THENCE RUN N.oo08'53"E. (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59000'oo"E., FOR 815.68 FEET,
TO AN INTERSECTION WITH SAID WESTERLY PROLONGA T10N OF THE NORTH
LINE 01-' SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20"E., ALONG SAID
WESTERL Y PROLONGATION AND ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3, THENCE RUN S.00023'lO"E., ALONG THE EAST LINE OF SAID
GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR
RELTCTlON, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
1.1
Agenda Item No. 12A
December 12, 2006
Page 17 of 54
PARCEL S
THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR
STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT ORNE) AND S-865B (ALSO
KNOWN AS WIGGINS PASS ROAD).
PARCEL 6
THA T PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRlBED BY ACCURATE SURVEY AS THE NORTH 268,54 FEET) OF THE NORTH
1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THERIGHT-OF-W A Y OF U.S.
HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17. TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORlDA, EXCEPTING THEREFROM THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING
THEREFROM THE RIGHT-Of-WAY OF STATE ROAD S-865A (VANDERBILT DRlVE).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 8
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST. COLLIER COUNTY, FLORIDA, RUN N.89054'20"W., ALONG THE
SOUTH LINE OF SAm SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH
AN AGREED BOUNDARY UNE AS RECORDED IN O.R. BOOK 68, PAGE 235
THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN N.Ol 030'05 "E., ALONG SAm AGREED BOUNDARY LINE, FOR 1298.70 FEET
(SHOWN TN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167,
PAGE 642 HEREINAFfER CITED AS OFFIClAL RECORDS); THENCE RUN
N.30000'OO"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET~ THENCE RUN
N.05000'OO"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE
RUN N.29"ll'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO
AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF
SAID SECTION 17; THENCE RUN N.88024'4Q"E. (SHOWN IN ERROR AS N.88"26'40"E. IN
THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE
NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0027'30"E., ALONG THE
EAST LINE OF SAID SECTION 17, FOR 2690,04 FEET (SHOWN IN ERROR AS 2689.35
FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN
S.0"26'oo"E, (SHOWN IN ERROR AS S.0"26'OO"W. IN THE OFFICIAL RECORDS), ALONG
THE EAST LINE OF SAID SECTION 17. FOR 2584.65 FEET TO THE POINT OF
BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2)
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 114 OF THE
SOUTHEAST 1/4. OFTHE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND
EXCEPTING THE RIGHT-OP.W A Y FOR STATE ROAD S-865A (V ANDERBIL T DRIVE),
AND EXCEPTING THAT PORTION OF TIlE SOUTHEAST 1/4 OF THE SOUTHEAST If.
1.2
Agenda Item No. 12A
December 12, 2006
Page 18 of 54
OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, RUN
S.89D53'IS"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN
S.89D53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON
PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 1, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIiENCE RUN SAIOII'03"W. FOR
133.10 FEET, ALONG SAID BULKHEAD UNEj THENCE RUN 8.0"06'42"E., FOR 120
FEET, THENCE RUNN.89053'IS"E., FOR 275.72 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN
N.oo26'OQ"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND
LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 9
THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 17>
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORlDA, DESCRIBED
AS FOLLOWS: FROM A POINT OF BEGINNING A T THE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN
N.89"40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE
AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I,
PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDAj THENCE RUN
N.oo26'oo"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN
S.89040'55"W" FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE
WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTJON 17;
TIlENCE RUN 8.0025'41 "E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS
ANY LAND ADDED THERETO BY ACCRETION OR RELlCTION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 10
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89052'20"W., ALONG THE
SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.OOOI4'OO"W.
FOR 1698.91 FEET; THENCERUNN.54047'52"W., FOR 399.32 FEET, TO AN
INTERSECfION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK
68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.79DI7'IO"E., ALONG SAID AGREED BOUNDARY LINE, FOR
69.60 FEETj THENCE RUN N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE
FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235);
THENCE RUN N.270l5'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.3]
FEET; THENCE RUN N.18c44'30"W., AWNG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREED BOUNDARY LINE
FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECfION 20;
THENCE RUN S.89c54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE
NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02" I 2'00" E., ALONG THE
1.3
Agenda Item No. 12A
December 12, 2006
Page 19 of 54
EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24
FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCfION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND ACCEPT THE RIGHTS-OF- WAY OF STATE ROADS S-865 A (ALSO
KNOWN AS VANDERBILT DRIVE) AND 8-846 (ALSO KNOW AS BLUEBILL AVENUE).
AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OFTHE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS
UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At
PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDITION; mENCE N.89052'20"W. ALONG mE SOUTHERL Y
LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK I OF
SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89052'20.W" ALONG THE
SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF
1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS
UNIT NO.1; THENCE N .000 14'00"W., ALONG THE W ESTERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34026'15"E.,
ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE
N.8r48'OO"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE
NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT
NO.1; THENCE S.02012'QO"E. A DISTANCE OF 163.17 FEET TO THE NORTHWEST
CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.87048'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER
OF SAID LOT I; TIlENCE S.020 12'00"E. ALONG THE EASTERLY LINE OF SAID
WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE
SOUTHEAST CORNER OF LOT I, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT
NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02012'OO"E. ALONG THE
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A
DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56
ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,
PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELlCfION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
1.4
Agenda Item No. 12A
December 12, 2006
Page 20 of 54
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 20; THENCE N.020 IZ'OO"W., ALONG THE EASTERLY LINE OF SAID
SOUTHEAST 114 A DISTANCE OF 1970.20 FEET; THENCE S.87048'OO"W., A DISTANCE
OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
VANDERBILT DRlVE, A 100.00 FOOT RIGHT -oF.W A Y AND THE NORTHEAST
CORNER OF LOT ] BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87048'oo"W.,
A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID WT 1;
THENCE N.02012'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER
OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE
S.87048'OO"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS,
UNlTNO.l, A DISTANCE OF 1481.48 FEET; THENCE S.34026'J5"W. ALONG THE
NORTHWESTERLY LINE OF SAm WIGGINS PASS LANDINGS, UNIT NO.1. A
DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B,
BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 8, PAGE 42. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N.54047'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL
POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED
BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235
THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
N.79" 17'1 O"E., ALONG SAID AGREED BOUNDARY LiNE, A DISTANCE OF 69.60 FEET;
THENCE N.0509'30"W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF
1417.66 FEET; THENCE N.27cl5'20"W., ALONG SAID AGREED BOUNDARY LINE A
DISTANCE OF 616.67 FEET; THENCE N.87048'OO"E., A DISTANCE OF 2472.71 FEET TO
A POINT ON THE WESTERLY RIGHT-OF-WA Y LINE OF SAID VANDERBILT DRIVE;
THENCE S.Q2o l2'Z5"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET;
THENCE S.02012'OO"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET
TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Lodge Abbott. LLC.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot
Beach County Park, on the East by Tarpon Cove PUD on the cast and south by Wiggins
Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the
Retreat PUD.
1.5
Agenda Item No. 12A
December 12, 2006
Page 21 of 54
B.
The zoning classification of the project prior to approval of this PUD document was RSF-
3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3),
RMF-6(3), and A-ST.
Agenda Item No. 12A
December 12, 2006
Page 22 of 54
1.5 PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No.6. Drainage from
the property will discharge into Cocohatchee Bay
B. Water M2nagement Facilities for the Proj eel will be designed and constructed in order to
introduce project stonnwater runoifto wetland areas in an attempt to assist in the
restoration of historic water retention and preserve areas.
c.
Elevations within the Project sLte range from 1.5 to 11 feet (NOVO 1929) above mean sea
level. Most of the area, however, faIls within the 10' to II' foot (NOVD 1929) elevation
category. The site lies within Flood Zone AE (EL 14.3 NGVD 29) and AE (EL 13.3
NGVD 29) according to Finn Maps 12021C01870 and 12021C0l89G, datedl!-;()v_~,,~. _.....,--
17, 2005.
Coal-' 11Ul1]: IdDI; faMj.dt
cbcIpI it'llDIpI, I will wrify with
IIIfVll)'OrS
D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida, issued by
the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954.
1.6 PROJECT DESCRIPTION
The Cocohatchee Bay Prolcct is a residential and golf course community with a maximum of 590
dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility,
caddie quarters, and guest suites will be provided in conjunction with the dwelling units.
Residential and recreational land uses are designed to be harmonious with one another in a
natural setting by using common architectural themes, appropriate screening and buffering and
open space.
1.6
SECTION II
..-.
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the Project plan of development,
relationships to applicable COWlty ordinances, the respective land uses of the tracts included in
the Project, as well as other proj eet relationships.
2.2 GENERAL
A. Development ofCocohatchee Bay shall be in accordance with the contents of this
Development Srnndards document and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance of any
development order. such as, but not limited to, Final Subdivision Plat, Final Site
Development Plan, Excavation Permit, and Preliminary Work Authorization, to which
such regulations relate. Where these regulations fail to provide developmental standards,
then the provisions of the most similar district in the County Land Development Code
shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code in effect at the time of building
pennit application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development ofthe Cocohatchee Bay Proiect shall become part of the regulations which
govern the manner in which the Proiect site may be developed.
_.
D.
Unless modified, waived or excepted by this DeveloDmcnt Standards document, the
provisions of the LOC. where applicable, remain in full force and effect with respect to
the development of the land which comprises this Proiect.
E. Development permitted by the approval of this Petition will be subject to a concurrency
review under the provisions of Chapter 6.02.00, Adequate Public Facilities, of the LOC
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including land uses for the various tracts, is illustrated by
Exhibit "A," the Master Plan. The nature and extent ofland uses within the Project are
indicated on Table 1. The specific location, size of individual tracts and the assignment of
dwelling units thereto shall be determined at the time of detailed site development
planning or platting. l\nv or all of the unils on the Golf Course Parcel may be assigned 10
Parcel R 1 on the Master Plan
2.1
--
Agenda Item No. 12A
December 12, 2006
Page 23 of 54
B.
The final size of the recreation and open space lands will depend on the actual
requirements for water management facilities, golf course layout. roadway pattern, and
dwelling unit size and configuration.
COCOHATCHEEBAY
LAND USE SUMMARY
T ABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE
Auproximate D.li.'s
ACRES
Residential "R 1 "
588
44.00 +/-
Golf Course "GC"/
~
180.09 +/-
Open Space NI A
(Preserve, Lakes and Landscape Buffers)
Total 590
308.00 +/-
Total 532.09 +1- acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording ofa Record Plat, and/or Condominium Plat for all or part of the
Project, final plans for alI required improvements shall receive approval of the
appropriate Collier County governmental agency to ensure compliance with the Proiect
Master Plan, the Collier County Subdivision Code, and the platting laws of the State of
Florida.
B. Exhibit "A." the ProJect Master Plan, constitutes the required Proiect Development Plan.
Subsequent to or concurrent with Proiect approval, a preliminary subdivision plat, if
applicable, shalI be submitted for the entire area covered by the Proiect Master Plan. Any
division of property and the development of the land shall be in compliance with Chapter
4 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
C. The provisions of Chapter 4 of the Collier County Land Development Code, when
applicable, sha\1 apply to the development of all platted tracts or parcels of land as
provided in said Chapter prior to the issuance of a building permit or other development
order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership ofland for each dwelling unit shall be required to
submit and receive approval of a Subdivision Plat in conformance with the requirements
of Chapter 4.03,00 ofthe Collier County Land Development Code prior to the submittal
of construction plans and a final plat for any portion of the tract or parcel.
2.2
Agenda Item No. 12A
December 12, 2006
Page 24 of 54
E.
Utility, road, public and private easements shall be established as required during the SDP
and/or plat approval process.
F. Appropriate instruments will be provided at the time of infrastructure improvements
regarding dedications and the method for providing perpetual maintenance of the
common facilities.
2.5 MODEL HOMES I SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and sale of real
estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and
signs, shall be permitted principal uses throughout the Cocohatchee Bay Proiect, subject to the
requirements of Chapter 5.04.04 ofthe Collier County Land Development Code and all other
applicable sections. Sal es facilities will be permitted prior to final plat approval as provided in
said Chapter 5.04JM.
2.6 AMENDMENTS TO pun DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Chapter 10.02.\3.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association. The
Association is a legitimate alternative for the timely and sustained provision of quality common
area infrastructure and maintenance under the terms and conditions of County development
approval. For those areas not maintained by the Master Association, the Developer has created a
property owners' association(s), or condominium association(s}, whose functions shall include
provision for the perpetual maintenance of common facil ities and open spaces. The Master or
the property owners' association, as applicable, shall be responsible for the operation,
maintenance, and management oflhe surface water and storm water management systems, and
reserves serving the Cocohatchee Bay Proiect, together with any applicable permits from the
Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South
Florida Water Management District.
2.8 DESIGN GUIDELINES AND STANDARDS
The Development Standards document is intended to encourage ingenuity, innovation and
imagination in the planning, design and development of relatively large tracts of land under
unified ownership or control, as set forth in the Collier County Land Development Code, Chapter
2.03.06.
The Applicant has not set "stages~ for the development of the property. Since the property is to
be developed over an estimated ten (10) year time period, any projection of project development
can be no more that an estimate based on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
2.3
Agenda Item No. 12A
December 12, 2006
Page 25 of 54
2.9
GENERAL PERMITTED USES
Certain uses shall be considered general pennitted uses throughout the Cocohatchee Bay Proicct
ex.cept in the Preserve District. General permitted uses are those: uses which generally serve the
Developer and residents ofthe Cocohatchee Bay Proiect and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the Collier County Land Development Code,
Chapter 2.01.03,
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, community centers.
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 walls which shall be in accordance with the Collier County Land
Development Code in effect at the time permits are requested unless otherwise
spedfied herein.
9. Any other use which is comparable in nature with the foregoing uses and which
the Planning Services Department Director determines to be compatible.
B. Development Standards~
Unless otherwise set forth in this document, the foHowing development standards shall
apply to structures:
I. Setback from back of curb or edge of pavement of any road - Fifteen feet (15')
except for guardhouses, gatehouses, and access control structures which shall
have no required setback.
2. Setback from exterior property lines - One hal f (1/2) the height of the structure,
minimum of twenty feet (20').
3. Minimum distance between structures which are part of an architecturally unified
grouping - Five feet (5').
2.4
Agenda Item No. 12A
December 12, 2006
Page 26 of 54
4.
Minimum distance between unrelated structures - Ten feet (10 ').
5. Minimum floor area - None required.
6, Minimum lot or parcel area - None required.
7. Sidewalks, bikepaths, and cartpaths may be pla~d within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath, or
cartpath.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
2.10 OPEN SPACES REQUIREMENTS
The Proiect Master Plan identifies approximately 483 acres included in the Recreation, Golf
Course. Landscape/Open Space, Lakes and Preserve District designations. These areas equate to
approximately 91 percent of the Project and fully satisfy the open space requirements of Chapter
4.02.00 of the Collier County Land Development Code.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved.
2.12 LANDSCAPING REQUIREMENTS
Agenda Item No. 12A
December 12, 2006
Page 27 of 54
A. A perimeter benn shall be constructed in conformance with Chapter 04.06.00 ~h~.~~1l_4_...___.-.'-' eo-t[D2]: Iloclkeclall ~Ihc
Development Code. oodo b IIPl'Cifi~ .....-.._4 oouJd
lIOI IiDd lbtlll. I will R:Yilow 'Iritlt staff'
_week. ____.~
1. Trees and shrubs shall be planted along the base ofthe berm so as to visually
soften the appearance of the side of the bem1.
2. Ground cover on the side of be berm shall form a dense attractive mat, and shall
not require mowing.
3. Trees shall be a minimum of75 percent native species.
4. Shrubs shall be a minimum of 35 percent native species.
B. A minimum landscape area of thirty-five feet (35') shall be developed along the
Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive
shall include development features that impede the view of high rise residential structures
from Vanderbilt Drive.
2.5
c.
As per an agreement made between the developer and Arbor Trace Condominium
Association, an enhanced landscape benn will be constructed along the northern
boundary from Vanderbilt Drive parallel to the Arbor Trace maintenance facility as
indicated in Exhibit C. The berm will fluctuate due to existing vegetation and will not
unreasonably disturb those areas. Said berm shall be completed prior to the issuance of
the Certificate of Occupancy for Building #5.
D. As per an agreement made between the developer and Arbor Trace Condominium
Association, a hedge will be constructed along the project's northern boundary from the
street to the Arbor Trace maintenance faci lity, if so requested.
2.6
Agenda Item No. 12A
December 12, 2006
Page 28 of 54
SECTION III
RESIDENTIAL "R" DEVEWPMENT AREAS
3.1 PURPOSE
The purpose of this Section is to establish land use regulations and development standards for the
residential development tract designated on Exhibit "A," the PUD Master Plan as "Rl".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units pennitted within the PUD is 590. The subject property
contains a gross acreage of532.09 +1- acres and base density of 1.11 dwelllng units per gross
acre.
3.3 GENERAL DESCRIPTION
Areas designated as .oRI" on the PUD Master Plan are designed to accommodate high-rise
residential dwelling unit types, multi-family dwellings, adult living facilities, compatible
nonresidential uses, a full range of recreational facilities, essential services, and customary
accessory uses.
The approximate acreages are indicated on the PUD Mastet' Plan. These acreages arc based on
conceptual designs and are approximate. Actual acreage of all development tracts will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in
accordance with Division 3.3 and Division 3.2, res~tively, of the CollicrCounty Land
Development Code. Residential traets are designed to accommodate internal roadways, open
spaces. parks and amenity areas, lakes and watet' management facilities. and other similar uses
found in residential areas.
3.4 USES PERMITTED
A. Princioal Uses
1. High Rise Multiple-family dwellings. Parcel R I only
2. Multi-family dwellings.
3. Single-family dwellings.
1. Guest suites and cabanas.
~. Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be compatible in
the "R I" District.
3.1
Agenda Item No. 12A
December 12, 2006
Page 29 of 54
B.
Accessorv Uses
I. Uses and structures customarily associated with principal uses permitted.
2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa,
tennis courts, swimming pools, docks or similar recreational uses.
3. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director detennines to be
compatible in the "Rl" parcel.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" Residential
Districts.
B. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with
Collier County Land Development Code in effect at the time of Site Development Plan
approval. Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
C. Off. street parking required for multi-family uses shall be accessed by parking aisles or
driveways which are separate from any roads which serve more than one development. A
green space area of not less than ten feet (10') in width as measured from pavement edge
to pavement edge shall separate any parking aisle or driveway from any abutting road.
3.2
Agenda Item No. 12A
December 12, 2006
Page 30 of 54
COCOHA TCHEE BAY COMMUNITY
DEVELO~ENTSTANDARDSFOR
TABLE 1
DEVELOPMENT STANDARDS HIGH-RISE MULTI.FAMILY Single-Family
Mul1l. Family Dwellings
M..'....m Lot Area N/A I Acre 6000 SF
Minl....m Lot WidUJ N/A N/A 60'
Front Yard -Interaal Road WI 0.5 BH not less 0.5 BH nol less 20
Than 25 feet than 25 feet
Front Yard - Al:cessol')' Bldg. 0.5 BH not less 0.5 BH not less 20
Inchldlll!! Parkin!! Structure than 25 feet than 25 feet
FroBt Vard - VanderbUt Drive BH N/A N/A
FroDt Vard . Accesso", Skill. 50 NIA NIA
Side Vard 0.5 BH 15 7.5
Rear Yard PrlDdpal 0.5BH 15 20'
Rear Yard Ac:cessorv IS to 10'
MaxiDHIm Bldg Height 20 stories fOT a maximum 35 35'
height of200 feet *2
Dlatnce Between PriJK:ipal Structuretl 0.5 SBH *3 0.5 BH notlellS ]5'
than 15 feel
Floor Area MI.. (S.F.) 1800 SF 1200 SF 1200 SF
BH: (Building Heigbt); Building height sball be Ihc verti<:a1 distaDCe measured from the first habitable finished IIoor elevation to tile
uppermost finished ceiling elevation of the struclure.
SIlli: (Sum ofBuildiog Heigbl): Combined beigl1t of two adjscent buildings for the purposes of determining setback requirements.
All distances are in feet unless otherwilr: noted.
"'I Frotll yards shall be menured as follows:
A. If the parcel is served by a public rigl11-of-way, setblck is measured from the adjacent right-oC-way line.
B. Tfthe parcel is served by a private road, setback is measured frornthe back ofcwb (ifcwi>ed) or edge of pavement (ifnot
clUbed).
'2 Building height for the north property line a4jaceOI to Arbor Trace in tl1e ~Rl" tract shall be J1 stories for a mlJdmum height of
J1S _feet.
*3 Where bwldiDgs with a common arcbilectural theme are angled. skewed or offset from one aMilier. and walls are not parallel to one
another. the selbacks can be admillislTollively n:duced.
3.3
Agenda Item No. 12A
December 12, 2006
Page 31 of 54
SECTION IV
GOLF COURSE "GC" DEVELOPMENT AREAS
4.1 PURPOSE
The purpose oftbis Section is to set forth the uses permitted and development standards for the
Golf Course tracts. The primary function and purpose of these tracts will be to provide
aesthetically pleasing open areas, golf course and recreational facilities. Except in areas
authorized for Development, all good quality native trees and shrubs shall be protected and
preserved wherever practicable.
4.2 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used,
in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
I. Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites,
including temporary golf clubhouses.
2. Simde-Pamily homes meeting the dcveloJ)ment standards in Table L exceot
maximum height shall be eill:hteen (18) feet and the home shall be setback a
minimum of two hundred feet from the north and east proiect boundary.
1 Project infonnation and sales centers.
4. Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, water and
wastewater treatment plants, utility pumping facilities and pump buildings, utility
and maintenance staff offices.
1 Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director dctennincs to be compatible.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal uses
permitted in th\s District.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack
bars and golf course maintenance yards.
3. Retail sales of associated recreational equipment and apparel, such as, but not
limited to, golf, tennis, and other recreational related equipment apparel and
accessories.
4.1
Agenda Item No. 12A
December 12, 2006
Page 32 of 54
4.
Restaurants and related uses intended to serve club members and club guests.
5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other
types of accessory facilities intended to provide recreational opportunities for
members.
6. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers,
picnic areas, fitness trails and shelters.
7. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director detennines to be
compatible.
4.3 DEVELOPMENT REGULATIONS
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course
District boundaries and private roads, and twenty-five feet (25') from all PUD
boundaries.
B. Accessory structures shall be set back a minimum often feet (I0') trom Golf Course
District boundaries and private roads. and twenty feet (20') from all pun boundaries and
residential tracts.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
D.
Maximum height of~~........ .. .. .. ........ ..,d
I. Principal Structures - 2 stories for a maximum height of 35 feet.
Z. Accessory Structures - 1 story for a maximum height of 15 feet.
E. Minimum distance between principal structures - Ten feet (10').
F. Parking for the community centerlclubhouse shall be three spaces per every one thousand
(1,000) square feet of gross floor area, which shall be considered inclusive of the required
golf course parlcing, provided the golf course and recreational fad Iities are pri vate,
otherwise, applicable provisions of the Land Development Code shall apply.
G. The golf course maintenance building shall be located a minimum of 1750 linear feet
west of U.S. 41.
H. Standards for parking, landscape. signs and other land uses where such standards are not
specified herein, are to be in accordance with Collier County Land Development Code in
effect at the time of Site Development Plan approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply to principal structures.
4.2
Agenda Item No. 12A
December 12. 2006
Page 33 of 54
CcIImmMt [l{UJI uelllaealNria
appropriaIo Iior _ oIubIIouoe'1lbe hoOaht
_.lfiIlelDw.
SECTION V
PRESERV E "P" \DISTRIetl
5.1
PURPOSE
The purpose of this Section is to identify pennitted uses and development standards for areas
within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the
Preserve District is to retain viable naturally functioning wetland and upland systems, to allow
for restoration and enhancement of impacted or degraded wetland systems, and to provide an
open space amenity for the enjoyment of Cocohatchee Bay Community residents.
5.3 USES PERMITIED
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Cscs
1. Passive parks, passive recreational areas, boardwalks.
2. Biking, hiking, and nature trails.
3. GolfclUt paths.
4. Wildlife sanctuary.
5. Pathways and or bridges.
6. Recreational shelters, in Preserve upland areas.
7. Drainage and water management facilities as may be required by SFWMD.
8. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible.
5.1
Agenda Item No. 12A
December 12, 2006
Page 34 of 54
.' eom.n.t[l(84J: Sinccwc_
revi..... .....4~.. is lI>ere aly J
IIIooiih tilt lilc lIIilip1iou1..p_
IocIIiOII J>l- shoaJd be a pert orllle
1'UD?
~~.-
-
.-
.-
5.4
DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with the Collier County
Land Development Code. as amended. Any lot abutting Ii protected/preserve area shall
have a minimum 25 foot setback from the boundary of such protected/preserve area in
which no principal structure may be constructed. Further the plat shall require that no
alteration, including accessory structures, fill placement, grading, plant alteration or
removal. or similar activity shall be pennitted within such setback without the prior
written consent ofthc Development Services Director. In no event shall these activities
be pennitted within ten feet of the preStm'e boundary.
B. Maximum height of slnlctures - Twenty-five feet (25').
C. Minimum distance between principal structures - Ten feet (10').
D. Minimum distance between accessory structures - Five feet (5').
E. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein are to be in accordance with the Collier County Land Development
Code in effect at the time of Site Development Plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal structures.
5.5
PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land Development
Code, Chapter 3.05.07.H.1.D for lands included in the Preserve District. In addition to Collier
County, a non-exclusive conservation easement may also be required by other regulatory
agencies with jurisdiction over Preserve District lands. In addition to complying with provisions
of the Collier County Land Development Code. said easement shall be provided in accordance
with the terms set forth in any applicable permit granted by other agencies. The Developer, its
successor(s) or assigns, including the Master Property Owners' Association shall be responsible
for control and maintenance of lands within the Preserve District.
5.2
Agenda Item No. 12A
December 12, 2006
Page 35 of 54
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
6.2 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
Proicct. Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code, Chapter 4.02.00 shall apply to this Project even if the land within
the Proiect is not to be platted. The Developer, his successor and assigns, shall be responsible fOT
the commitments outlined in this document.
The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the
Proiect as adopted, and any other conditions OT modifications as may be agreed to in the TCZoning
of the property. In addition, any successor or assignee in title, is bound by the commitments
within this agreement.
6.3 pun MASTER PLAN
A. Exhibit "A," the Proiect Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract, lot OT land use boundaries or special land use
boundaries, shall not be construed to be specific and may be adjusted during the platting
or site development plan approval process. Subject to the provisions of Chapter 10.02.13
of the Land Development Code, PUD amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities and all common areas in the
Project.
C. The following shall be considered minor changes and refinements, subject to the
limitations of Proiect, Section 6.3A:
1. Reconfiguration of prescTVe areas, jurisdictLonal wetland limits, and mitigation
features as a result of environmental regulatory agency review, as long as the
changes do not cause additional impacts to protected species or habitat
2. Reconfiguration oflakes, ponds, canals, or other water management facilities
where such changes arc consistent with the criteria of the South Florida Water
Management District and Collier County and where there is no further
encroachment into preserve areas.
6.1
Agenda Item No. 12A
December 12, 2006
Page 36 of 54
3.
Reconfiguration of golf course envelopes and design features where there is no
encroachment into preserve areas.
4. Intemal realignment of rights-of-way other than a relocation of access points to
the Proiect.
5. Reconfiguration of residential parcels when there is no encroachment into
presenre areas.
6.4 SUNSET PROVISION
The Cocohatchee Bay Proiect shall be exemot from the Sunset Provisions of Chapter 10.02.13.
of the Land Development Code. Howcvcr. the developer shall provide the annual PUD
monitoring
reports reguired ~Land Development Code.
6.5 POLLING PLACES
Pursuant to Chapter 4.07.06 of the Land Development Code, provision shall be made for the
future use of space within a common building for the purpose of accommodating the function of
an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership of
such common areas including, but not limited to, condominium associations, homeowners'
associations, that such common facilities may be used for an electoral polling place if determined
to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
A. Sidewalks I bike paths shall conform with Chapter 6.06.02 of the LDC. Due to the
environmental issues on this Project impacts are to be minimized.
B. Private streets shall confonn with the right-of-way width requirements of Chapter
6.06.01.0. of the LDC except as follows;
1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are
required to have a minimum fifty foot (50') right-of-way width and two ten foot
(to') wide lravellanes as required by Chapter 6.06.0\.0.
2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-
way width and two ten foot (10') wide travel lanes as required by Chapter
6.06.01.0.
3. Tangents between reverse curves shall not be required.
4. Street grades may exceed four percent (4%) provided that applicable Florida
Department of Transportation, Manual of Uniform Minimum Standards (FDOT
MUMS) and AASHTO criteria are met.
6.2
Agenda Item No. 12A
December 12, 2006
Page 37 of 54
5.
LDC Chapter 6.06.01.Q.1. : The standard that street name markers shall be
approved by the Development Services Director and conform with the Florida
Department of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices are waived. The requirements for street
pavement painting, striping and reflective edging of the main road system will be
waived. Traffic circulation signage shall be in conformance with Florida
Department of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices standards.
6. LOC~ The minimum back of curb radii for internal roads shall be 30 feet with the
exception of both entrance road intersections which shall be 40 feet
6.7 TRANSPORTA nON
A. The Developer shall provide a fair share contribution toward the capital costs of any
traffic signals necessary at Project accesses when deemed warranted by the County
Engineer. The traffic signals will be designed, installed, owned, operated, and maintained
by Collier County. The Developer shall provide arterial level street lighting at all Project
accesses prior to the issuance of any certificate of occupancy for a building accessed from
a Project entrance.
B. The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive, EastlWest Livingston Road, andior Wiggins Pass
Road rights-of-way if such improvements conflict with or negatively impact public
roadway, drainage, or utility facilities planned as part of future four-Ianing construction.
C. The Developer has provi.ded additional right-of-way in fee simple title, along the PUD
frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from
10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design
plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-
way along each side of Vanderbilt Drive has been dedicated and conveyed to Collier
County without consideration for impact fee credits for public roadway, drainage, and
public utility improvements.
D. The Developer shall provide additional right-of-way in fee simple title, when necessary,
along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access
points wherein right turn lanes for development purposes are required or specified. Such
additional right-of-way is declared to be compensating right-of.way and accordingly will
not be subject to road impact fee credits. The final four-lane design plans prepared for
Collier County by Johnson Engineering, Inc. do not show required right-of-way for right
turn lanes for this Proiect, but the right-of-way shall generally be of a typical width of
approximately 15 feet. The right-of-way conveyance shall occur at the time requested by
the County.
E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title,
when necessary, along the Proicct frontage to Wiggins Pass Road. Additional right-of-
way is required in varying widths on the north side of Wiggins Pass Road as shown on
the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc.
63
Agenda Item No. 12A
December 12, 2006
Page 38 of 54
Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to
Collier County without consideration for impact fee credits for public roadway, drainage,
and public utility improvements. The right-of-way conveyance shall occur at the time
requested by the County.
F. The Developer shall provide additional right-of-way in fee simple title, when necessary,
along the Proiect's north boundary for future EastlWest Livingston Road between
Vanderbilt Drive and U.S, 41. The Village Place PUD directly to the north of this Proiect
has dedicated 67.5 feet of right-of-way along its southern property line for the future
East/West Livingston Road. 100 feet of right. or-way along the northern property line for
future East/West Livingston Road shall be dedicated to the County. Such required right-
of-way shall be dedicated and conveyed to Collier County for public roadway, drainage,
and public utility improvements. Collier County shall compensate the Developer for the
right-of-way based on professional land appraisals of the fair market value based on its
value prior to approval of the Proiect. The right-of-way conveyance shall occur at the
time requested by the county.
G. The Developer shall design and pay for any required road improvements to Vanderbilt
Drive that wiH provide access for the Project (this includes turn lanes and other
improvements such as I ighting). If these improvements are made prior to the construction
of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the
design and construction costs related to access for the Project for the existing two-lane
section of Vanderbilt Drive, Future four-lane expansion ofYanderbilt Drive shall include
the Project's access and shall be designed and paid for by the County during the
construction of Vanderbilt Drive. If these improvements are made after the construction
of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all
design and construction costs related to access for the Project.
H. The Developer shall meet the storm water attenuation and water quality requirements for
the future East/West Livingston Road between Vanderbilt Drive and US 41. The
Developer shall be compensated for the stonnwater management commitments at a rate
to be determined. The Project shall accept future stonnwater commitments from
East/West Livingston Road along the Project property line in the form of water quantity.
Water quality will be handled within the 167.5' right-of-way reservation.
I. The Developer shall design noise mitigation/abatement systems in accordance with the
Collier County Land Development Code.
J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass
Road precedes the development of this Project's access 10 Vanderbilt Drive, the
Developer shall bear the full cost for the access and appropriate turn lanes.
6.8 UTILITIES
The development of this Proiect Master Plan shall be subject to and governed by the following
conditions:
6.4
Agenda Item No. 12A
December 12, 2006
Page 39 of 54
A.
Water distribution, sewage collection and transmission lines to serve the Project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with
Collier County Ordinance No. 91- t 1, 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.
C. The on-site water distribution system serving the Project must be connected to the
District's water main and must be consistent with the main sizing requirements specified
in the County's Water Master Plan and extended throughout the Project. During design
of these facilities, the following features shall be incorporated into the distribution
system:
1. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be provided
to the property lines of the Project at locations to be mutually agreed to by the
County and the Developer during the design phase of the Project.
D, A water distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of.way or within utility
easements as set forth in Collier County Ordinance 91-1 7, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance, All water
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
E. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water system must be reviewed and approved prior to commencement of
construction.
F. A sewer distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of eo Iller County and the State of
Florida, Sewer facilities constructed within platted rights-of-way or within utility
easements as set forth in Collier County Ordinance 97-11, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All sewer
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
G. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed sewer system must be reviewed and approved prior to commencement of
construction.
6.5
Agenda Item No. 12A
December 12, 2006
Page 40 of 54
6.9
ENVIRONMENTAL
The development of this pun Master Plan shall be subject to and governed by the following
conditions:
A. Environmental pennitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Environmental Staff.
Removal of exotic vegetation shall not be the sole means of mitigation for impactS to
Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks
shall be in accordance with the Collier County Land Development Code. In the event the
property is not platted all conservation areas will be protected with a conservation
easement. The granting ofa conservation easement shall not prohibit the riparian
shoreline from being considered and uscd to dctcnnine the allowable number of boat slips
for this Project.
C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of
Florida Environmental Resource Permit Rul es. Preserved jurisdictional wetlands and
surrounding buffers shall be incorporated in Conservation Areas which shall be platted or
protected with a conservation easement.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site,
with emphasis on the conservation/preservations areas, shall be submitted to
Environmental Staff for review and approval prior to final site plan/construction plan
approval.
E. 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 those protected species shall
be submitted to Environmental Services Section staff for review and approval prior to
final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher
Tortoise Management Plan are required for this site.
6.10 ENGINEERING
A. Detailed paving., grading. site drainage and utility plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted
by the Engineering Review Services.
B. Design and construction ofall improvements shall be subject to compliance with all
applicable provisions ofthe Collier County Land Development Code.
C. The Developer. its successors and assigns, shall be required to satisfy the requirements of
all applicable County ordinances or codes in effect prior to or concurrent with any
Agenda Item No. 12A
December 12, 2006
Page 41 of 54
6.6
subsequent development order relating to this site, including Site Development Plans and
any other application that will result in the issuance of a final or local development order.
6.11 WATERMANAGEMENT
An excavation permit shall be required for the proposed lakes in accordance with Chapter
10.02.03.B.l.j.ii. of the Land Development Code and South Florida Water Management District
Rules.
6.12 HISTORICAL AND ARCHAEOLOGICAL
Pursuant to Chapter 2.03.07.H. of the Land Development Code, if. during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
6.13 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure except that temporary sales buildings, trailers, marketing facilities,
contractors storage and office facilities and the like, may be erected and utilized during the period
of Project development and marketing. Such temporary buildings shall be removed upon
completion of the marketing or construction activity which they are accessory to.
6.14 SIGNS
1. General
A. All County sign regulations shall apply unless such regulations are in conflict with
the conditions set forth in this Section.
B. For the purpose of this DcveloDment Standards document, each platted parcel
shall be considered a separate parcel of land and shall be entitled to signs as
pennitted herein.
C. Should any of the signs be requested to be placed within the public rights-of-way,
a right-of-way pennit must be applied for and approved.
D. All signs shall be located so as not to cause sight distance problems.
2. Entrance Sj~s
A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a
maximum area of 100 SGuare feet shall be permitted at each entrance to the
Development.
Agenda Item No. 12A
December 12,2006
Page 42 of 54
B.
6.7
Entrance signs shall not exceed a hei ght of fifteen (15) feet above the lowest
centerline grade ofthe nearest public or private right-of-way to the uppermost
portion of the sign structure.
C. Entrance signs may be lighted provided all lights are shielded in a manner which
prevents direct glare into the vision of drivers using the adjacent streets or going
into adjacent residences.
3. Proiect Sims
A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use
within the Project shall be permitted along the east side of CR 901, the north side
ofCR 8&8, the south side of Livingston Road Extension and on all land tracts
within the Cocohatchee Bay Proiecllimits subject to the following conditions:
I) Project signs shall not exceed a height of twenty (20) feet above the
finished ground level of the sign site nor may the overall area of the sign
face exceed one hundred (100) square feet.
2) A maximum of fOUT (4) project signs shall be pennitted. Two (2) signs
shall be located along the CR 901 frontage, one (1) shall be located along
the Livingston Road Extension frontage. and one (1) shall be located along
the CR 888 frontage.
3) Project signs may be lighted provided all lights are shielded in a manner
which prevents direct glare which would impact the vision of drivers using
the adjacent streets or going into adjacent residences.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Chapter 4.06.00. of
the Collier County Land Development Code in effect at the time of building permit application.
6.16 PROVISION FOROFF-SlTE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or other water bodies is hereby permitted subject to applicable sections of the Land
Development Code. lfit is demonstrated that fill activities on those buildable portions of the
Project site are such that there is a surplus of earthen material, then its off-site disposal is also
hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development
excavation" pur.>uant to the Land Development Code whereby off-site removal
shall be limited to ten percent (to a maximum of20,OOO cubic yards) of the total
volume excavated unless a commercial excavation permit is received.
6.8
Agenda Item No. 12A
December 12, 2006
Page 43 of 54
Agenda Item No. 12A
December 12, 2006
Page 44 of 54
EXHIBIT A
to Exhibit 1
of the
Settlement
Agreement
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Agenda Item No. 12A
December 12, 2006
Page 47 of 54
COCcii~T~~'BA Y .--.-----..:::::::::::::::::::::::.__:::::::~;:w
AMENDED BALD EAGLE MANAGEMENT PLAN
The foregoing Bald Eagle Management Plan has been coordinated through, and
approved by, the U .S, Army Corp of Engineers ("USACF,:''), tl1~.Y..S. Fish &../ -(Deleted, ACOE
Wildlife Service ("USrWS"), and the Florida Fish & Wildlife Conservation
Commission ("FFWCC").'
~
A. PROJECT DESCRIPTION
The a~licant proposed to construct five high-rise condomi~iums (each.u.t().:!O.__..--.
stories) , a social and fitness center, a golf driving range, tennis courts, guest
cottages, parking areas, and storm water management facilities on a 111.3-acre
project site. 4~.!!PJ!!!~__~!l:'_J!!!~~._!!'_.~~._1!_.!~..~~!.p__~. The
aw1icanl also will orooose to build a 35-slin boat dock facilitv. Anv such facility
requires further permittin~ bv Collier Countv and is not approved bv this Bald
Es.21e Manal!ement Plan. . Construction activities associated with the project will
impact 1.52 acres of fresh water wetlands. To compensate for impacts to
wetlands, the applicant has proposed to purchase mitigation credits from an
approved mitigation bank. To compensate for unavoidable effects to bald eagles
at nest CO-19, the applicant proposes to purchase and preSCIVc suitable habitat for
nesting bald eagles in, or in the vicinity of, Collier County. in southwest Florida.
Tbe project site is located north of Wiggins Pass Marina in Sections 8, 16, 17, and
20, Township 48 South, Range 25 East, Collicr County, Florida.
( Dllle11ld: I S
f'ornwtted: Striketl1rough, Highlight
f'ormattlld: Highlight
B. TERMS AND CONDITIONS.J4
Fo.....-, Striketl1mugh, Highlight
Fonllllttlcl: No underline, HlOhllght
1. In the event of project implementations, the entry road. stormwater pond,
parking area and golf club house areas will be cleared and constructed in
the first non-nesting season (May 16 through September 30). Exterior
construction of the golf club house would also occur in the first non-
nesti ng season.
2_ Land clearing and the initiation of construction of condominium nwnber 5
also would be initiated in the non-nesting season (May 16 through
September 30) (no earlier than 2005). However. construction of Ihis L7.;./ (Deleted, IS
story building, which is anticipated to take about 2 years to complete,
would not be limited to the non-nesting seasclII. The staging area for
building number 5 would be at the future location of building number I.
Site clearing for the staging areas would occur in the same non-nesting
period.
~
.J
3. In the second non-nesting season, construction of the rerruumng
recreational facilities east of tbe access road (i.e., fitness facility, social
facility, pool, cottages and temris areas) would be initiated and exterior
construction completed. These facilities are intended to be operational
upon completion of the 2-year construction phase for condominium
number 5.
1 This section is from the DESCRIPTION OF THE PROPOSED ACTION section in Ih~ U.s. Fish &
Wildlife Service's Biological Opinion dated February 27.2004.
I In accordance wilh lhe.C,!"Qbalc.he".ll~ \'. [)evelo~l1)cJ1.\N~II'!~.'3~.buiJdings # J ,#2,. ~.3 ,."'!~__~. ".r.c 2()' . 0._: PLl>
stories and building #5 isJ-stories, DII_: 1pp....1 dat.ed December 12. ]
, PriYllle practice area. N,;i ''Pen \0 the publil:: 2000
'~r ...."...,;,.. ~"I_MlI~(CeI~ar~-l/"" ..iltl:llllBa"':-l>.:llJlilllitli iiell$.___~. 0._: 15
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~ Biological Opin;"n dated February 27, 2004. !'age 14. __.____ 'j ~: strikethrough, Highlight
, FormlItted: HighUghI
EXHIBIT
1~"'EaI
4. Land clearing and the IDltlalJon of construction of the 20-story
condominium (number 4) likely would begin in the next non.nesting
season (no earlier than 2007), depending on economic conditions. The
pad for condominium number I would again serve as the staging area for
condominium number 4. The applicant agrees that the start of
constrUction of condominium numbers 5, 4, and I would be initiated only
in the non-nesting season(s). The construction start dates of these
condominiums likely would be in consecutive non-nesting seasons, but
could be delayed based on the economy.
C. ADDITIONAL TERMS AND CONDITIONS::'.___m.._mmmnu_____m___n
The USAC!:'.has requested the USFWS to modify the February 17, 2004
biological opinion for the Cocohatchee development based on modifications to
the project proposed by the applicant. The USFWS bas reviewed the proposed
project modifIcations and notes that they v.~11 result in the addition of the
following two (2) items to the Tenns and Conditions Section of the biological
opinion:
1. The constrUction of condominiums numbers 2 and 3 can be initiated only
during the non-nesting scason (May 16 through September 30) (no earlier
than 2008). However, once initiated, construction activities can carry over
through the nesting season until the constrUction of each condominium is
completed.
2. The applicant has agreed to purchase and preserve an offsite bald eagle
nesting territory prior to the initiation of constrUction activities for the
project. Securing a territory may be in the form of fee simple title or a
conservation easement to be granted to an acceptable third party. The
territory must include sufficient area to accommodate alternate nest trees
in the event that the primary nest tree is lost. The applicant will use best
efforts to locate and secure a territory in Collier County, but reserves the
right to search elsewhere if an acceptable contract cannot be secured in
Collier County. Site selection criteria are as follows:
i) Preference will be given to selection of a parcel that presently supports
active nesting by bald eagles, but a parcel that supports suitable habitat for
attracting and supporting nesting bald eagles may also be considered
acceptable.
ii) Preference will be given.. but not limited to, selection of a parcel of
suitable habitat that has been selected and ranked as a conservation
priority for preservation by agency process,
iii) Proximity 10 other conservation lands being managed or identified for
preservation and management, proximity to foraging areas, size, cover
types, and presence of other specIes of conservation concern win be
considered for selection of a parcel of SUItable habitat for nesting bald
eagles.
D. CONSERV A T10N MEASlJRE;l(,
Provided the necessary federal. state and local.nermits are obtained th<:.applicant
will construc~a 50. to 6O-foot artificial nest trcc on a salt flat approximately 5,000
feet northwest of the existing nest tree. The aoolicant shan utilize..9ili\!ent efforts
Agenda Item No. 12A
December 12, 2006
Page 48 of 54
.' Forma\:lIod: strikethrough, Highlight
.. FonnaUed: Highlight
!leIded: ACXlE
r DeIeted-;-DISCRETIONARY
.', f<JmI8tted: Stnkethrough. Highl\ilht
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; Deleted: baHxprc&sed III interest ill
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: Deleted:
Formatted: StrikethrouQh, Highlight
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Strikethrough. H\ilhllOht
~!'!:"<l<.~ .B}?I.ogical Opini?D _d~_I.~.J 11t1~. 3~,.~9Q4_P.~~~~!. ~'!.~. req~esl. [or. )~!1er.~~!~~~.i~~ .a~'!~~!'.c~..u. ,/....' fOrmatted: rtighlight
from C.ollicr County. Page 4-, ".... Formatted: Font: 8 PI. Underline
LJ1~:~I:*~~~~!r.l_I~!'..'~! ,..I':1~~'d J_ t:hru,~~~..;.~~-_~~.~l~Lril~;:._.:..n_unn...._._ ____~ _.. .....nn...__.____..____.. ---...------ -.-.i Form8tted: Highlight
FonnatllocI: Font: 8 pi, Underline
, Deleted:' lJ.iDlogica..l Opinion dated \
F<hruar) 21. 2004~~gr_~__.. .__
Agenda Item No. 12A
December 12, 2006
Page 49 of 54
to alterTlDt to obtain the Decessar\' federal. state and local oermits. The purpose of
the artificial nest tree is to ascertain if eagles that are utilizing Dest CO.19 will
relocate to the adjacent artificial tree. This specific location was chosen because
it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet
from the proposed condominium construction area, well buffered from other
potential conflicting land uses, and will minimize disturbance to wetland
resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest
that actual fiJl for the base structure in the salt flat wetland will be limited to a 25-
square foot area, and can be pile driven by a crane from a floating barge. Water
depths are adequate to reach the site. and representatives of the South Florida
Water Management District will accompany the contractor during barging.,and
tree installation to ensure that cnviromnental damage will be minimized. ~_.......{ Fo'mlItted: SlIil<ethroll\lh. Hio/lllght ]
1I1~ ..... V'"' ..ani.led wi. Iftiie_ ......lIr.'ea an .....i...ed till ill tie
........'..mm... m.m..m._"'''-'''--'---'''--. .__ ................m........------...... .... ....... ......--....-{ 1'omIatI:lld: 5l11ltethrough J
The artificial nest tree will use technology developed for monopole cell towers
with artificial bark, limbs and needles matching that of a mature slash pine with a
crotch confIguration suitable for construction of a nest by bald eagles. The tree
will be designed to withstand 140 mph winds, be lightning proof and constructed
of non-toxic materials. Examples ofthis technology can be found at manufacturer
websites such as www.naturemake,s.com or www.utilitycamo.com. The
applicant also proposes to install a video camera in the nest tree to provide the
residents of Cocohatchee Bay and other interested parties with an opportunity to
monitor eagle nesting behavior. The final designs of the base, the nest tree, and
the camera will be submitted to the Service.
E. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS
Any revision by the U.S. Army Corp ()f Engineers (t:S~f.). the U.S. Fish &
Wildlife Service (USFWS), and the Florida Fish & Wildlife Conscrvatioo
Commission (FFWCC) that may cause revision of the above described tennS and
conditions ",ill not require further amendment of the Cocohatchee PUD or this
Bald Eagle Management Plan. Should the current eagle paiT or a second eagle
pair build a new nest within the PUD b()undary, any revisions to the above
dcsenbed terms and conditions required by the agencies listed above shall not
require an amendment to this Bald Eagle Management Plan. The applicant shall
notify the Counly in writing of any revisions to the above described terms and
conditions approved by the agencies listed above and such revisions shall
automatically become part of this Bald Eagle Management Plan and no further
action to amend this Bald Eagle Management Plan shall be required.
F. PHASING PLAN
In accordance with B & C above, a phasing diagram has been included for
reference. See Attachment 1.
G. REASONABLE Al'o'D PRUDEJ\'T MEASURES:....._....
1. For the duration of the project, the applicant must take all necessary steps
to minimize the potential for incidental take of bald eagles during each
nesting season. During the construction of the project. the applicant must
make reasonable effort to prolong the integrity of the bald eagle nest tree,
the nest, and the surrounding habitat.
r tleletlOd. ...coe.
1'orrnatUId: strikethrough, Hlghli9ht
1'orrnatUId: Highlight
2. Upon the onset of the nesting season each year of construction (October
1), the applicant must initiate monitoring according to Service draft
monitoring guidelines. to detect the presence of bald eagles on the project
site and, if present. any abnormal bald eagle behavior, since site work and
building construction within the primary zone is proposed to occur during ,: Fo'mlIl1eC1: Stnl<etl1rough, Highlight
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Agenda Item No. 12A
December 12, 2006
Page 50 of 54
the nesting season. This monitoring consists of 4 hours per morning, for 3
days per week while construction is occmring.
Agenda Item No. 12A
December 12, 2006
Page 51 of 54
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December 12, 2006
Page 52 of 54
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Agenda Item No. 12A
December 12, 2006
Page 53 of 54
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COCOHA TCHEE BAY
J~?"30 N".- BrJttaoy Blvd.
Suite- 60a
Fort My"re. l'J 339D7
VANASSE & DA YLOR
DATE: 11-15-06
REV:
SCAL [; N. T. S.
GOLF COURSE EXHIBIT
Agenda Item No. 12A
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PROJECT NO.: 80447
AC4D NO. 8044-1-GC_orkdwn
Agenda Item No. 128
December 12, 2006
Page 1 of 8
.-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners discuss
and give direction to the Office of the County Attorney concerning an
ordinance amendment to provide for super-majority voting for
purposes of approving certain types of settlements of land use
disputes and land use litigation.
OBJECTIVE: Recommendation that the Board of County Commissioners discuss and
give direction to the Office of the County Attorney concerning an ordinance amendment
to provide for super-majority voting for purposes of approving certain types of
settlements of land use disputes and land use litigation.
CONSIDERATIONS: By letter dated October 30, 2006, Commissioner Coyle
requested that an item be placed on the Board agenda to discuss the adoption of a super-
majority voting rule for purposes of approving settlement of certain types of land use
disputes and land use litigation. On November 14, 2006, during the regularly scheduled
meeting, the majority of the Board directed the Office of the County Attorney to bring
back on December 12, 2006, the question of adoption of a super-majority voting
requirement for approval of certain types of land use disputes and litigation for discussion
before the whole Board.
~
As the Board is aware, the Bert J. Harris, Jr., Private Property Rights Protection Act,
Section 70.001, et. seq., Fla. Stat., ("Harris Act") requires local governments to make a
written settlement offer within 180 days of receiving a claim under the Harris Act.
Further, the Harris Act expressly authorizes local governments to settle disputes by
providing what would otherwise be a development order received only through the land
use approval process. Such relief could include the actual or equivalent of a rezoning or
a conditional use. Under Collier County requirements, rezonings and conditional uses
(for example) must be approved by a four-fifths (4/5) vote of the full Board. On the other
hand, approval of a settlement of a lawsuit or claim (or combination of the two) requires
approval by only a simple majority of Board members present and voting once a quorum
is established.
To address concerns raised about the approval of a settlement agreement which, in effect,
allow a claimant or plaintiff to acquire a rezoning as part of the consideration for a
settlement agreement, the Board may wish to consider adopting a super-majority voting
requirement for any settlement agreement, whether arising out of the Harris Act or
otherwise, that has the effect of granting development/land use rights that ordinarily
require a super-majority vote if sought during the usual land use approval process.
./-
Attached to this Executive Summary is a draft ordinance amendment as well as a related
draft resolution providing for such a super-majority requirement. In order to provide the
Board with maximum flexibility, the proffered ordinance amendment attached hereto
allows for the Board to adopt such a super-majority voting requirement on any matter by
use of a resolution. Hence, the reason for the attached draft resolution for your review.
1
Agenda Item No. 12B
December 12, 2006
. Page 2 of 8
Thus, if the Board were to decide at some future date to change a policy of requiring a
super-majority vote adopted by resolution, it could do so without the expense and time
consuming process of an ordinance amendment. The Board may take note that this is the
same way that the County handles changes in its Purchasing Policy. That is, there is a
Purchasing Ordinance and then a resolution adopted pursuant to that Ordinance that may
be changed from time to time by a superseding resolution. (Certainly, the Board could
also proceed by simply having a specific ordinance amendment directed solely to the
question of super-majority voting on certain types of land use settlements.)
FISCAL IMP ACT: There would appear to be no direct fiscal impact to the County if a
super-majority voting requirement for certain land use settlements (or for other matters)
is adopted by the Board.
GROWTH MANAGEMENT IMPACT: There is no known growth management
impact associated with this Executive Summary.
.""'-
RECOMMENDATION: For the Board to discuss the adoption of a super-majority
voting requirement for certain types of settlement of land use disputes and land use
litigation that in effect grant rights that would require a super-majority vote if acquired
through the ordinary land use approval process and give the Office of the County
Attorney direction as to whether to prepare and advertise an ordinance or ordinance
amendment to provide for such super-majority voting.
PREP ARED BY:
Michael W. Pettit, Chief Assistant County Attorney
h/publiclbcc agendal1 21206/exec sum. super majority.
-
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 128
December 12, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
128
RecommendatIOn that the Board of County Commissioners discuss and give direction to ti,e
Office of the County Attorney concerning an ordinance amendment to provide for super.
majority voting for purposes of approving certaIn types of settlements of land use disputes
and land use litigation
12112/2006 900.00 AM
Chief Assistant County Attorney
Date
Prepared By
Michael Pettit
County Attorney
County Attorney Office
11130120063:35:58 PM
David C, Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
11/30120063:38 PM
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
12111200612:56 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
12/1/20062:38 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1214120066:38 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/412006 7:53 PM
Agenda Item No. 128
December 12, 2006
Page 4 of 8
DRAFT -FORDISCUSSION
PURPOSES ONLY
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COLLIER COUNTY
COMMISSIONERS, FLORIDA AMENDING COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED, WHICH ESTABLISHES
THE TIME, PLACE AND CONDUCT OF THE MEETINGS OF
THE BOARD OF COUNTY COMMISSIONERS; ADDING NEW
SUBSECTION ONE, l(g) TO PROVIDE FOR SUPER-MAJORITY
VOTING ON SPECIFIED MATTERS AS REQUIRED BY
GENERAL LAW, SPECIAL LA W OR BY RESOLUTION
ADOPTED BY A MAJORITY OF THE FULL MEMBERSHIP OF
THE BOARD; RELETTERING FORMER SUBSECTIONS ONE
l(g) AND (h); PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES, PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, certain matters that come before the Board of County
Commissioners require pursuant to general or special law a four-fifths (4/5) affirmative
vote or super-majority of the Board of County Commissioners for purposes of adoption
approval; and
WHEREAS, the Board of County Commissioners has further determined that it
should have the flexibility to require a four-fifths (4/5) vote of the full Board or super-
majority vote on other matters deemed to be of significant importance to the public or in
order to ensure that the intent of a super-majority requirement imposed by general or
special law is achieved.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADDITION OF NEW SUBSECTION ONE l(g) OF COLLIER
COUNTY ORDINANCE NO. 75-16, AS AMENDED
(g) Suoer-Maioritv Exceotiol1. Whenever provided by genera] law. special
law or as specified by resolution adopted bv a maiority of the full membership of
the Board. and notwithstanding subsection 1. f. a motion. legallv binding
document or resolution may be required to he adopted by an affirmative yote of
four-fifths (4/5) of the full membership of the Board.
SECTION TWO: RELETTERING OF SUBSECTION ONE l(g) OF COLLIER
COUNTY ORDINANCE NO. 75-16, AS AMENDED to Section ONE l(h)
Words underlined are added; words struel( throHgh are deleted.
Agenda Item No. 128
December 12, 2006
Page 5 of 8
fgt ill Rules of debate. The following rules of debate shall be observed
by the board. Except as herein provided questions or order and the conduct of
business shall be governed by Robert's Rules of Order.
(I) Motion under consideration. When a motion is presented and
seconded, it is under consideration and no other motion shall be
received thereafter, except to adjourn, to lay on the table, to
postpone, or to amend until the question is decided. These
countermotions shall have preference in the order in which they are
mentioned. and the first two shall be decided without debate. Final
action upon a pending motion may be deferred until the next
meeting by majority of the members present.
(2) Chairman participation. The presiding chairman may move,
second and debate from the chair, and shall not be deprived of any
of the rights and privileges of a commissioner by reason of being
the presiding chairman.
(3) Form of address. Each member shall address only the presiding
officer for recognition, shall confine himself to the question under
debate, and shall avoid personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted
except by a call to order or as herein otherwise provided. If a
member is called to order, he shall stop speaking until the question
is determined by the presiding officer. Any member may appeal
the decision of the chair to the board for decision by majority vote.
(5) Privilege of closing debate. The commissioner moving for the
adoption of an ordinance, resolution or other act shall have the
privilege of closing debate unless otherwise directed by the chair.
(6) The question. Upon the closing of debate any member may require
a roll call vote. Any member may give a brief statement or file a
written explanation of his vote.
SECTION THREE: RELETTERING OF SUBSECTION ONE I(h) OF COLLIER
COUNTY ORDINANCE NO. 75-16, AS AMENDED to Section ONE l(i)
2
Words underlined are added; words struel( t.J=Jrsl:IgR are deleted.
Agenda Item No. 12B
December 12, 2006
Page 6 of 8
Wi Minutes. The minutes of prior meetings approved by a majority of
the members present shall become the official minutes. Each resolution,
ordinance and legally binding document shall be signed by the presiding
officer at the meeting and by the clerk and entered in the minutes.
SECTION FOUR:
INCLUSION TN 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 FIVE:
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 a 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 SIX:
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
,2006.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
BY:
Frank Halas, CHAIRMAN
DEPUTY CLERK
Approved as to form and legal sufficiency:
Michael W. Pettit
Chief Assistant County Attorney
h/public/bcc agenda/ 112] 206/draft ordinance.supermajonty
3
Words underlined are added; words strHsl: tRrougR are deleted.
Agenda Item No. 12B
December 12, 2006
Page 7 of 8
DRAFT - FOR
DISCUSSION PURPOSES
ONLY
RESOLUTION NO. 06-_
A RESOLUTION REQUIRING A VOTE OF FOUR-FIFTHS (4/5)
OF THE FULL BOARD OF COUNTY COMMISSIONERS FOR
APPROVAL OF CERTAIN TYPES OF SETTLEMENT
AGREEMENTS RESOLVING LAND USE DISPUTES OR
LITIGATION.
WHEREAS, the Board of County Commissioners issues certain land use
approvals/development orders only upon a four-fifths (4/5) affirmative vote of the full
Board of County Commissioners; and
WHEREAS, certain settlements of land use disputes and litigation including,
without limitation, settlements of disputes arising out of the Bert J. Harris, Jr., Private
Property Rights Protection Act, Section 70.001, et. seq., Fla. Stat., may result in a
claimant or plaintiff receiving relief in the nature of a land use approval or development
order that would otherwise require a four-fifths (4/5) vote of the Board of County
Commissioners if acquired through the regular land use approval process; and
WHEREAS, the Board of County Commissioners has determined it is in the
public interest that land use disputes and litigation that may result in a claimant or
plaintiff receiving relief in the nature of a development order that would otherwise
require a four-fifths (4/5) affirmative vote of the Board of County Commissioners should
be subject to the same super-majority requirement for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. Settlements of a land use dispute, land use claim or land use litigation that
effectively provide the claimant or plaintiff with rights ordinarily associated with a
development order approved by a four-fifths (4/5) vote of the full Board of County
Commissioners through the regular land use process shall be approved by not less than a
four-fifths (4/5) vote of the full Board of County Commissioners.
Agenda Item No. 128
December 12, 2006
Page 8 of 8
This Resolution adopted after motion, second and majority vote this _ day of
,2006.
ATTEST:
Dwight E. Brock, CLERK
BY:
DEPUTY CLERK
Approved as to form and legal sufficiency:
Michael W. Pettit
Chief Assistant County Attorney
h/public/bcc agendall21206/draft reso.super majority
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Frank Halas, CHAIRMAN
2
--
"-
-
Agenda Item No. 16A 1
December 12, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of a Code Enforcement
Lien against Larry & Correna McVey for payment received.
OBJECTIVE:
To approve execution and recording of the Release and Satisfaction of a Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
The Code Enforcement Board heard Case # 2004-39 against respondents Larry &
Correna McVey on August 26, 2004 and found them in violation of completing
improvements to a residential structure without obtaining required permits, and litter and
unlicensed/inoperable vehicles on their property. The respondent timely complied with a
portion of the Code Board's order but took some time to abate the removal of the
unpermitted improvements. Consequently fines accrued at a rate of $50 per day.
The violations have now been abated and the respondent has paid fines and operational
costs totaling $11,076.75.
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Release and
Satisfaction, which is to be approximately $10.00 per release, totaling $10.00. Funds are
budgeted and available in the current fiscal year in the Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction of Code
Enforcement Lien.
PREPARED BY: Shirley M. Garcia, Administrative Secretary- Code Enforcement
Ilem Number:
Ilem Summary:
Meeting Dale:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Agenda Item No. 16A 1
December 12, 2006
Page 2 of 3
Recommendation to approve the Release and Satisfaction of a Code Enforcement Lien
against Larry & Correna McVey for payment received
12/12/20069:00'00 AM
Date
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Code Enforcement
11/161200612:49 PM
Constance A, Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/16/200612:53 PM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11/16/20064:21 PM
Jeff Wright
Dale
Approved By
County Attorney
Assistant County Attorney
County Attorney Office
11/211200610:33 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
11/27/20068:27 PM
OM8 Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11129/2006 12:59 PM
Mark Isackson
Date
Approved By
County Manager's Office.
Budget Analyst
Office of Management & Budget
11/29/20062:02 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's OffIce
Date
11/30/20067:16 PM
Agenda Item No. 16A 1
December 12, 2006
Page 3 of 3
This instrument prepared by:
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
RELEASE AND SA TISF ACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated January 31, 2006, a certified copy of which was recorded on February 20,
2006, in O.R. Book 3985, Pages 0735, et seq., of the Public Records of Collier County,
Florida, against the following described real property, and all other real and personal
property located in Collier County, owned by Larry and Correna McVey, has been
discharged in full.
The real property located at 125 5th Street S.W. Naples, Florida, more
specifically described in the deed recorded in Official Record Book 2078,
Page 1228, et seq., of the Public Records of Collier County.
Folio No. 0000037163720009
Cost: $11,076.75
Reference: CEB No. 2004-39
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Larry and Correna McVey, and consents to this lien being discharged of record.
Dated thi s
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
C-~.-
. t .
. i
· . Ii
JefilE., ght ..
Assi\6nt County Attorney
Agenda Item No. 16A2
December 12, 2006
Page 1 of 2
_.
EXECUTIVE SUMMARY
Recommendation to name certain acquired Conservation Collier Preserves
OBJECTIVE: For the Board of County Commissioners (BCe) to approve the
recommended names for three (3) acquired Conservation Collier preserves.
CONSIDERATION: Conservation Collier has acquired several properties that staff is
referring to by the name of the seller, by location, historic name or proposed development
project. In order to prepare preserves for public use, staff would like to assign permanent
names.
The Conservation Collier Ordinance is silent as to the procedure for naming acquired
preserves. County policy advises that County-owned facilities are to be named based on
the function they perform or services they provide to the public and that the specific
location, including adjacent right-of-way, body of water or any prominent landmark, can
be included in the name. County policy for naming facilities after persons is different
and very specific, requiring a significant, direct, local benefit and application supported
by at least 1,000 Collier County residents.
_.
Conservation Collier staff coordinated with County Parks and Recreation staff to create a
project for groups of Junior Park Ranger summer camp children to conduct field trips to
Conservation Collier properties and to assist the program by thinking of new and creative
names for three (3) sites. The project was Successful and on September 11, 2006, the
Conservation Collier Land Acquisition Advisory Committee (CCLAAC), at the regular
monthly meeting, voted on the list of names recommended by the Junior Park Rangers as
well as additional nanles suggested by staff. The CCLAAC recommended the following
names:
. Watkins-Jones Property- Wet Woods Preserve (Jr. Park Rangers)
. School Board Property- Red-cockaded Woodpecker Preserve (Jr. Park Rangers)
. McIntosh Trust Property - Logan Woods Preserve (staff)
Staff also recommends that the BCC recognize the children's effort in naming these
preserves at a future BCC meeting.
FISCAL IMP ACT: There is no fiscal impact associated with naming preserves.
LEGAL CONSIDERATIONS: This request conforms to the adopted County-owned
facility naming policy as reviewed by the County Attorney's Office.
-
RECOMMENDATION: That the Board approve the recommended names for three (3)
acquired Conservation Collier preserves and give the children public recognition at a
future scheduled Bee meeting.
PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Agenda Item No. 16A2
December 12. 2006
Page 2 of 2
12/12/20069.0000 AM
Recommendation to name certain acquired Conservation Collier Preserves
William D. Lorenz, Jr., P.E.
Date
Approved By
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
11/18/200611:12 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Ex.ecutive Secretary
Community Development &
Environmental Services Admin.
11/21/20063;28 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/22/200611 :46 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstratar
Community Development &
Environmental Services Admin.
Date
11/27/20068;31 PM
OM B Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11129/2006 1 ;00 PM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
11/29/20062:19 PM
Approved By
~lames V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
12/4/20089:02 AM
EXECUTIVE SUMMARY
Agenda Item No. 16A3
December 12, 2006
Page 1 of 5
Recommendation to approve a modified resolution opposing the de-designation of the Big
Cypress Area of Critical State Concern (ACSC) and direct the County Manager or his
assigned designee to provide the resolution to the Office of the Governor, the Florida
Administration Commission and the Florida Department of Community Affairs.
OBJECTIVE: To approve a modified resolution opposing the de-designation of the Big
Cypress Area of Critical State Concern CACSC) and direct the County Manager or his assigned
designee to provide the resolution to the Office of the Governor, the Florida Administration
Commission and the Florida Department of Community Affairs.
CONSIDERATIONS: The Collier County Board of County Commissioners, at its November
28, 2006 regular meeting, passed a resolution opposing the de-designation of the Big Cypress
ACSC subject to modifications to be considered as a consent agenda item at the next regularly
scheduled BCC meeting.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
.-
GROWTH MANAGEMENT IMPACT: The Growth Management impacts are set forth in the
attached resolution.
LEGAL CONSIDERA TIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDA TION: That the Board of County Commissioners approve the modified
resolution opposing the de-designation of the Big Cypress ACSC and direct the County Manager
or his assigned designee to provide the resolution to the Office of the Governor, the Florida
Administration Commission and the Florida Department of Community Affairs.
Prepared by: Randy Cohen, Comprehensive Planning Department Director
Community Development and Environmental Services Division
.-.
- 1 -
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
December 12. 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve a modified resoluilon opposing the de-designation of Ihe Big
Cypress Area of Critical State Concern (ACSC) and direct the County Manager or his
assigned designee to provide the resolution to the Office of the Governor, the Florida
Adl11irllsuation Commission and the Florida Department of Community AffaIrs.
12/1212006 90000 AM
Date
Prep. red By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Comprehensive Planning
11130/20068:07:26 AM
Date
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Comprehensive Planning
11130120068:08 AM
Constance A. Johnson
Operations Analyst
Date
Approved By
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
11130/20068:55 AM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11130/20069:05 AM
Approved By
Date
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
11/30/20063:00 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
12/1/2006 12:55 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
12/112006 3 :47 PM
App roved By
james V. MlJdd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/1120064:45 PM
Agenda Item No. 16A3
December 12, 2006
Page 3 of 5
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 is 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 entitled "Implementation Statue 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;
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;
2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern
Agenda Item No. 16A3
December 12, 2006
Page 4 of 5
and;
WHEREAS, Collier County has adopted a Comprehensive Plan (also referred to herein
as the Collier County Growth Management 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, all Collier County Growth Management Plan and Land Development Code
amendments necessary to implement the entirety of the Big Cypress ACSC have not yet been
accomplished by Collier County;
and;
WHEREAS, Collier County will not have completed countywide watershed management
plans until 2010 with said watershed management plans inextricably intertwined with ensuring
the ongoing viability of the Big Cypress Swamp ACSC as a protected Water Caution Area;
and;
WHEREAS, further study and analysis of endangered species and associated habitat
located in and adjacent to the ACSC is warranted prior to consideration of de-designation of the
ACSC.
and;
WHEREAS, during the last fourteen years there have been no appeals or violations in
the Big Cypress Area ACSC.
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;
2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 2
Agenda Item No. 16A3
December 12, 2006
Page 5 of 5
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 ensure that all
internal inconsistencies have been removed and to ensure 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 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-designate the Big Cypress Area of
Critical State Concern.
THIS RESOLUTION ADOPTED after motion; second and majority vote this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and legal sufficiency:
Marjorie M. Student-Stirling
Assistant County Attorney
2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 3
Agenda Item No. 16A4
December 12, 2006
Page 1 of 5
,,""-""
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP)
for fiscal years 2004-2005, 2005-2006 and 2006-2007, to implement required technical
revisions received from the Florida Housing Finance Corporation.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve an amendment to
the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-
2007, to implement required technical revisions received from the Florida Housing Finance
Corporation.
CONSIDERATION: On July 7, 1992 the State Housing Initiative Partnership (SHIP) Act was
signed into law to provide funding to local communities through a documentary stamp tax on
real estate transactions to promote affordable housing. Under the SHIP program Collier County
and the City of Naples receive funds from the State of Florida to provide initiatives to expand
affordable housing opportunities.
As part of this program, the County is required to have a three-year LHAP identifying the
strategies that will be implemented to address affordable housing needs.
,-
On October 10, 2006, the BCC approved an amendment to the LHAP. That amendment was
submitted to the Florida Housing Finance Corporation for review and approval. The Florida
Housing Finance Corporation has approved the amendment pending the following technical
clarifications:
· Modify the defmition of gap housing to state that SHIP funding will be used only for
income equal to or less than 120% of median income.
· The definition of Essential Services Personnel (ESP) as per House Bill 1363 changed
to reflect that if SHIP funding is used, the maximum income level would be 120% of
median income.
· The definition of rental and owner workforce housing will state: "50 percent or less of
median income."
· The Relocation Assistance program provides a grant for displaced persons due to
mobile home park closures and condo conversions per House Bill 1363. The
definition was expanded to state that funds are to be used for SHIP eligible units only
and funding for rental assistance will be deleted.
· Update the administrative budget to reflect the full 10% allowed under SHIP
guidelines.
.-
FISCAL IMPACT: In FY 2007 the SHIP Program will receive approximately $2,900,000 from
the Florida Housing Finance Corporation. This LHAP will serve as a guideline for the use of all
SHIP funds.
Agenda Item No. 16A4
December 12, 2006
Page 2 of 5
GROWTH MANAGEMENT IMPACT: This LHAP will allow the County to expand the
affordable housing opportunities of its citizens and further the goals of the Housing Element of
the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Resolution and LHAP have been reviewed and
approved as to form and legal sufficiency by the County Attorney's Office. This request is
internally consistent, complies with all applicable laws and is legally sufficient for Board
consideration and approvaL
RECOMMENDATION: To have the Board of County Commissioners (BCe) approve an
amendment to the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-
2006 and 2006-2007, to implement required technical revisions received from the Florida
Housing Finance Corporation.
PREPARED BY: Lauren Beard/SHIP Program Coordinator
Operations Support and Housing
-
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No. 16A4
December 12, 2006
Page 3 of 5
COLLIER COUNTY
.BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP)
for fiscal years 2004-2005. 2005-2006 and 2006-2007. to Implement reqUired technical
revIsions received from the Florida Housing FlTlance Corporation
121121200690000 AM
SHIP Program Coordinator
Date
Prepared By
Lauren Beard
Community Development &
Environmental Services
Financial Admin. & Housing
11/21/20061 :38:38 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/22/200612:03 PM
Cormac Giblin
Housing Development Manager
Date
Approved By
Community Development &
Environmental Services
Financial Admin. & Housing
11/22/2006 1 :40 PM
Financial Admin & Housing Director
Date
Approved By
Denton Baker
Comm unity Development &
Environmental Services
FinanCial Admin. & Housing
11/22/2006 1 :45 PM
Marlene Stewart
Executive Secretary
Date
Approved By
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
11/22/20062:44 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/28/20063:25 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
11/29/2006 1 :03 PM
Mark Isackson
Budget Analyst
Date
App roved By
County Manager's Office
Office of Management & Budget
11/29/2006 4:07 PM
Approved By
James. V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's OffIce
12/1/20066:37 PM
Agenda Item No. 16A4
December 12, 2006
Page 4 of 5
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005,
2005-2006, AND 2006-2007, AS REQUIRED BY THE FLORIDA
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM;
REVISING DEFINITIONS: UPDATING HOUSING STRATEGIES;
UPDA TING THE ADMINISTRATIVE BUDGET AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for affordable housing in accordance with their comprehensive
plans; and
WHEREAS, pursuant to the Act, the State will allocate a portion of new and
existing documentary stamp taxes on deeds to local governments for development and
maintenance of affordable housing; and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
enacted Collier County Ordinance No. 93-19 on April 13, 1993, codified as Article III of
Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier
County State Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, through Resolution No. 2004-155, the Board of County
Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining
the intended use of SHIP funds for fiscal years 2004-2005, 2005-2006, and 2006-2007;
and
WHEREAS, through Resolution No. 2006-269, the Board of County
Commissioners adopted a revision to the three year LHAP adding new definitions and
new strategies outlining the intended use of SHIP funds for fiscal years 2004-2005, 2005-
2006, and 2006-2007; and
WHEREAS, the new three year LHAP was approved by the Florida Housing
Finance Corporation pending some minor technical revisions to the definitions and
strategies; and
Page 1 of2
Agenda Item No. 16A4
December 12, 2006
Page 5 of 5
WHEREAS, Collier County is updating its Relocation Assistance Program
strategy in order to clarify housing units allowed.
NOW, THEREFORE, be it resolved by, the Board of County Commissioners of
Collier County, Florida, that the Collier County and City of Naples, FL State Housing
Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the
State of Florida Fiscal Years 2004/2005, 2005/2006, and 2006/2007, is hereby amended
to include the following provisions:
1. In the definitions of Essential Services Personnel and Owner Occupied
Gap Housing, the maximum income allowed is limited to 120% of median income, if
SHIP funds are used.
2. The Relocation Assistance Program is being revised to state that only
SHIP eligible units will qualify for SHIP funding and funding for rental assistance will be
deleted.
3. The definitions for rental workforce housing and owner occupied
workforce housing will state: "50 percent or less of median income."
4. The administrative budget for FY2006 and FY2007 is updated to reflect
10% ofthe SHIP allocation, as allowed by program guidelines.
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its approval, and that it be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this _th day of
December, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to legal form and sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page 2 of2
Agenda Item No. 16A5
December 12, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water utility facility for Ascot
at Lely Resort.
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept final and unconditional conveyance of
the water facilities.
CONSIDERATIONS:
1) The Developer of Ascot at Lely Resort has constructed the water facility within
dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this water utility facility was approved by the Community
Development and Environmental Services staff on November 18, 2004. At that time,
the value of this utility facility (assets) was $21,025.00 (see attachment[s]). Final
Acceptance is in accordance with Ordinance 2004-31, as amended.
.-
3) Staff has recorded all preliminary acceptance documents in the public records of
Collier County, which have been reviewed and approved by the County Attorney's
office as to form and legal sufficiency.
4) The water facility has been operated and maintained by the Collier County Water-
Sewer District during, not less than, the required one (1) year warranty period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Community Development and Environmental Services Division staff
and this facility has been found to be satisfactory and acceptable.
6) The Utilities Performance Security (UPS), in the form of a Performance Bond No.
8195-55-80, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval of this Executive Summary.
7) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County
Water-Sewer District receiving unconditional title to the utility facility, which at the time of
preliminary acceptance, had a total (undepreciated) value of $21 ,025.00.
-
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
Agenda Item No. 16A5
December 12, 2006
Page 2 of 5
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water utility
facility for Ascot at Lely Resort, and authorize the County Manager or his designee to
release the Utilities Performance Security (UPS) to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
,,-..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A5
December 12, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to approve final acceptance of the water utility facility for Ascot at Lely
Resort
12/12/20069:0000 AM
Administrative Assistant
Date
Prepared By
Jodi Pannullo
Community Development &
Environmental Services
COES Engineering Services
11/16/20069:44:10 AM
Approved By
COES Engineering Services Director
Date
Thomas E. Kuck, P.E
Community Development &
Environmental Services
COES Engineering Services
11/16/200612:41 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/16/20062:59 PM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11/16/20064:15 PM
Pamela Libby
Water Operations Manager
Date
Approved By
Public Utilities
Water
11/171200611:27 AM
Paul Mattausch
Water Director
Date
-
Approved By
Public Utilities
Water
11122/20061 :02 PM
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
11127/20062:23 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/27/20068:28 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's OUice
Office of Management & Budget
11/2912006 12:59 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/29/20062:07 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/1/20069:26 AM
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CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY
PROJECT NAME: ASCOT
LOCATION: SECTION 27 & 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
NAME & ADDRESS OF OWNER: CENTEX HOMES
5801 PELICAN BAY BOULEVARD, SUITE 600
NAPLES, FLORIDA 34108
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
Agenda Item No. 16A5
December 12, 2006
Page 5 of 5
SIZE
J ITEM
DR-18 PVC
MASTER METER ASSEMBLY
QUAN. UNIT COST
5 LF $5.00
1 EA $21,000.00
$0.00
$0.00
$0.00
$0.00
8"
8"
..-
TOTAL COST
I do hereby certify that the quantities of materials described above are a true and accurate
representation of the system.
CERTIFYING:
~c~
Timdfhy C. . ell, Sr.
President
OF: Haleakala Construction, Inc.
5758 Taylor Road
Naples, Florida 34109-1829
STATE OF FLORIDA)
) SS:
COUNTY OF COLLIER)
"-
The foregoing instrument was signed and acknowledged before me this 8th day of October,
~r. who is personally known to me and who did not take an oath.
SEA "'~?"'~" BRENDA K. MERCHANT ^
Brenda K. Merchant €~'f:&~;~ MY COMMISSION /I OD 10750. '
DO 1 07609 ~. !~i EXPIRES: August g, 2006
".ti.....g.. IloIltIOO Thru NOUlly Public Un_notS
',Rfnf\\.~
TOTAL I
$25.00
$21,000.00
$0.00
$0.00
$0.00
$0.00
$21,025.00
1/
EXECUTIVE SUMMARY
Agenda Item No. 16A6
December 12, 2006
Page 1 of 12
Recommendation to approve the Release and Satisfaction of Code Enforcement Liens against
Lonnie A. Grey and Claude E. LaRue for payments received.
OBJECTIVE:
To approve execution and recording of the Release and Satisfaction of Liens, acknowledging
compliance and recovery of fines and fees related to prosecution of Code Enforcement matters.
CONSIDERATIONS:
-
Reference Owner of Record Lien
Amount
Res. 2005-240 LONNIE A. GRAY $255.00
Res. 98-13 7 CLAUDE E. LA RUE $595.00
Res. 97-80 CLAUDE E. LA RUE $245.00
Res. 98-443 CLAUDE E. LA RUE $245.00
Res. 2001-100 CLAUDE E. LA RUE $245.00
Res. 2005- 239 CLAUDE E. LA RUE $255.00
Res. 2001-422 CLAUDE E. LA RUE $320.00
Res. 2004-150/2003-409 CLAUDE E. LA RUE $510.00
Res. 2000-435 / 2002-448 CLAUDE E. LA RUE $500.00
Res. 2002-233 / 2000-397 CLAUDE E. LA RUE $500.00
TOTAL $3,670.00
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Releases and Satisfactions,
which is to be approximately $10.00 per release, totaling $100.00. Funds are budgeted and available
in the current fiscal year in the Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal considerations.
'-,
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction of Code Enforcement
Liens.
PREPARED BY: Diana Hindall- Administrative Secretary. Code Enforcement
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A6
December 12, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to approve the Release and Satisfaction of Code Enforcement liens
against Lonnie A Grey and Claude E. LaRue for payments received.
12/12/200690000 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11/21/2006 3:24 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/221200610:37 AM
Approved By
Date
Joseph K. Schmitt
Community Development &
Environmental Services.
Ccmmunity Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
11127/20068:32 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11129/20061:01 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/2912006 2: 36 PM
JIUnes V. Mudd
County Manager
Date
Approved By
Boa.rd of County
Commissioners
County Manager's Office
12/4/20067:07 PM
Agenda Item No. 16A6
December 12, 2006
Page 3 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 2005-240 against:
LONNIE A. GRAY
5312 17th Avenue SW
Naples, FL 34116
The lien was recorded on 7/22/2005 in Official Records Book 3850, Page 1413, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred Fifty-five and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Golden Gate unit 5 BLK 177 LOT 4. AKA.: 5312 1th Ave SW
Cost: $255.00
References: 2712 Folio: 36249600002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~ Dl
LO'^^ \ (A VVk----
Thorn C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 4 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2994
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 98-137 against:
Claude E La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 06/22/98 in Official Records Book 2432, Page 2504, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Five Hundred Ninety-Five and zero cents, plus accrued interest and penalties, if any,
and impose certain obligations against real property situated in Collier County, Florida,
which property is described as follows:
Lot 9, Block 4, NAPLES MANOR.
Cost: $595.00
Reference: 70502-091 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~"'^ rJ~
ThomasU. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 5 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 97-80 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 3/24/97 in Official Records Book 2297, Page 1937, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Two Hundred Forty-Five and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $245.00
References: 60621-053 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~ :P~
I Vvr..
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 6 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 98-443 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 12/11/98 in Official Records Book 2490, Page 2364, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Two Hundred Forty-Five and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $245.00
References: 80605-027 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and legal sufficiency
lP~~J~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 7 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 2001-100 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 05/02/2001 in Official Records Book 2817, Page 0499, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Two Hundred Forty-Five and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $245.00
References: 1675 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
ilf
~~~.~
Thorn s . Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 8 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SA TISF ACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 2005-239 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 07/22/2005 in Official Records Book 3850, Page 1411, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Two Hundred Fifty-five and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $255.00
References: 2713 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
\b~ V~~~
'- ,
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 9 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain lien by Resolution No. 2001-422 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The lien was recorded on 12/05/2001 in Official Records Book 2937, Page 0003, in the
Official Records of Collier County, State of Florida. The lien secure the principal sum of
Three Hundred Twenty and zero cents, plus accrued interest and penalties, if any, and
impose certain obligations against real property situated in Collier County, Florida, which
property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $320.00
References: 1921 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
'J"'^ rJ~
Thomas . Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 10 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Resolutions No. 2004-150 and No. 2003-409 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The liens were recorded on OS/20/2004 in Official Records Book 3568, Page 3646 and
12/12/2003 Book 3462, Page 1657, in the Official Records of Collier County, State of
Florida. The liens secure the principal sum of Five Hundred-Ten and zero cents. plus
accrued interest and penalties. if any. and impose certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $510.00
References: 2485/2353 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and legal sufficiency
~ I})
~ ~ ~
Thom s C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 11 of 12
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Resolution No. 2000-435 and No. 2002-448 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
The liens were recorded on 12/19/2000 in Official Records Book 2756, Page 0059 and
11/27/2002, Book 3163, Page 0738 , in the Official Records of Collier County, State of
Florida. The liens secure the principal sum of Five Hundred and zero cents, plus
accrued interest and penalties, if any, and impose certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $500.00
References: 1140/2185 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
\DW\ S(J~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A6
December 12, 2006
Page 12 of 12
~
This Instrument Prepared By:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Resolutions No. 2002-233 and No. 2000-397 against:
Claude E. La Rue
7012 Chadwell Rd. SW
Huntsville, AL 35802
~
The liens were recorded on 06/19/2002 in Official Records Book 3058, Page 0202 and
12/05/2000, Book 2750, page 2031, in the Official Records of Collier County, State of
Florida. The liens secure the principal sum of Five Hundred and zero cents, plus
accrued interest and penalties, if any, and impose certain obligations against real
property situated in Collier County, Florida, which property is described as follows:
Lot 9, Block 4, NAPLES MANOR ADDITION.
Cost: $500.00
References: 2105/1358 Folio: 62092120004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
--.
~W\ W~-
Thoma C. Palmer
Assistant County Attorney
Agenda Item No. 16A7
December 12, 2006
Page 1 of 4
.-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Independence Phase Two-A",
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 "Independence Phase Two-A", a subdivision of lands
located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
/"'"""'
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Independence Phase Two-A". 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 "Independence Phase Two-
A" be approved for recording.
FISCAL IMPACT:
The project cost is $47,129.33 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $20,000.00
- $27,129.33
The Security amount, equal to 110% of the
project cost, is $51,842.26
The County will realize revenues as follows:
/"'"""'
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1,823.87
.--
,-
Agenda Item No. 16A7
December 12, 2006
Fees are based on a construction estimate of $27, 129.33 (does not inclucftJlge 2 of 4
Immokalee Water-Sewer District Utilities) and were paid in August, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,010.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ N/A Immokalee
c) Drainage,
Paving, Grading (.75% const. est.) - $ 203.47
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ N/A Immokalee
e) Drainage, Paving,
Grading(2.25%const.est.) - $ 610.40
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 "Independence Phase
Two-A" for recording with the following stipulations:
1. Approve the amount of $51,842.26 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A7
December 12, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1611.7
This Item requires that ex parte disclosure be provided by Commission Members Should a
hearing be held on this item, all participants are required to be sworn In. Recommendation to
approve for recording the tlnal plat of Independence Phase Two-A approval of the standard
form Construction and Maintenance Agreement and approval of the amount of the
performance security
12/12/200690000 AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
11/17/20067:00:55 AM
Approved By
COES Engineering Services Director
Date
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
coes Engineering Services
11/17/20068:39 AM
Approved By
Date
Constance A. Johnson Operations Analyst
Approved By
Community Development & Community Development &
Environmental Services Environmental Services Admin.
11120/200612:53 PM
Marlene Stewart
Date
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
11/20/20062:10 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental ServIces Admin.
11/27/20068:29 PM
OM8 Coordinator
Admi nistrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11129/2006 1 :00 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/29/20062:15 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
CommiSSioners
County Manager's Office
12/4/20068:54 AM
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Agenda Item No. 16A8
December 12, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Vercelli", 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 "Vercelli", a subdivision of lands located in Section 29,
Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure
for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Vercelli". 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 "Vercelli" be approved for
recording.
FISCAL IMPACT:
The project cost is $1,407,694.67 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $500,722.67
- $906,972.00
The Security amount, equal to 110% of the
project cost, is $1,548,464.14
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: $43,355.84
Agenda Item No. 16A8
. December 12, 2006
Fees are based on a construction estimate of $1 ,407,694.67 and were pc:fiijtlin 2 of 4
May, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,125.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% canst. est.) - $ 3,755.42
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,802.29
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $11,266.26
e) Drainage I Paving,
Grading(2.25%const.est.) - $20,406.87
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Vercelli" for recording
with the following stipulations:
1. Approve the amount of $1 ,548,464.14 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
,..._~
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Summary:
Meeting Date:
Agenda Item No. 16A8
December 12, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
This Item requires that ex parte disclosure be prOVided by Commission Members. Should a
hearing be helo on this Item; aU participants are required to be sworn irl. Recommendation to
approve for recording the final plat of Vereelll, approval of the standard form Construction
and Maintenance ,ll"greement and approval of the amount of the performance security
12/12/200690000 M1
Date
Prepared By
Jolln Houlds-worth
Comm unity Development &
Environmental SerJices
Senior Engineer
Engineering Services
111281200612:13:40 PM
Date
Approved By
Thomas E. Kuck, P.E,
CommunIty Development &
Environmental Services
COES Engineering ServIces Director
COES Engineering Services
11/28/2006 1: 39 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11129120063:44 PM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
CommunIty Development &
Environmental Services Admin.
11129/20064:48 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services Admin.
11130/20062:58 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
12/11200612:51 PM
Date
Approved By
Marlo. Isackson
County Manager's Office
Budget Anaiyst
Office of Management & Budget
1211120062:32 PM
Date
Approved By
Leo E. Ochs, Jr
Board of County
Commissioners
Deputy County Manager
County Manager's Office
1215/200611:51 AM
Agenda Item No. 16A9
December 12, 2006
Page 1 of 4
,_.
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Piacere . Pavia", 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 "Piacere - Pavia", a subdivision of lands located in
Section 30, Township 50 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Piacere - Pavia". 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 "Piacere - Pavia" be
approved for recording.
FISCAL IMPACT:
The project cost is $1,230,509.34 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water &. Sewer
Drainage,
Paving, Grading
- $470,154.67
- $760,354.67
The Security amount, equal to 110% of the
project cost, is $1,353,560.27
The County will realize revenues as follows:
.-..
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $38,020.28
Agenda Item No. 16A9
December 12, 2006
Fees are based on a construction estimate of $1,230,509.34 and were paiMl9A 2 of 4
May, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,105.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,526.16
c) Drainage,
Paving, Grading (.75% const. est.) - $ 5,702.66
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $10,578.48
e) Drainage, Paving,
Grading(2.25%const.est.) - $17,107.98
,-'
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 "Piacere - Pavia" for
recording with the following stipulations:
1. Approve the amount of $1,353,560.27 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
c. That the plat not be recorded until certain drainage and roadway easements have
been vacated or shown on the final plat.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A9
December 12. 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16.,\9
T his Item requires that ex pmle dIsclosure be provided by Commission Members Should a
nearing be held on this itern all participants are required 10 be sworn rn. Recommendation to
approve for recording the tmal plat of Placere - PavIa, approval of the standard form
Construction and MainTenance Agreement and approval of the amount of the performance
security
12/12/2006 9 00 00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
11129/200611:06:06 AM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services DIrector
CDES Engineering Services
11/29/200611:44 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11130/20067:54 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin
11130/20069:00 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin
11130/20062:59 PM
Date
A pprnved By
OMS Coordinator
County Manager's Office
Admmis.trative Assistant
OffiCE: of' Management & Budget
1211/200612:52 PM
Date
Approved By
Mnrk Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
12/112006 2A6 PM
Date
Approved By
James V. Mudd
Board of County
CommIssioners
County Manager
County Manager's Office
12/412006 B: 17 PM
Agenda Item No. 16A 10
December 12, 2006
Page 1 of 46
,-
EXECUTIVE SUMMARY
Request for authorization of the use of a temporary sales center for Pulte Homes sales in
the town of Ave Maria at an existing Pulte Homes sales facility located within the Orange
Blossom Ranch PUD
OBJECTIVE:
For the Board of County Commissioners to review the request by D. Wayne Arnold, AICP,
Project Manager for Q. Grady Minor & Associates, for a temporary sales center for Pulte
Homes sales in the Town of Ave Maria at an existing Pulte Homes sales facility located within
the Orange Blossom Ranch PUD.
BACKGROUND:
-
The County received this request in a letter dated November 28, 2006 (See Letter, Attachment).
The request states the temporary sales center use of the existing residential sales center in
Orange Blossom Ranch would be effective six months from the date of staffs temporary use
approval. The petitioner states that "The large number of visitors currently visiting the Town is
creating health, safety and welfare concerns related primarily to managing such a large volume
of on-lookers while various parts of the site are under construction."
CONSIDERATIONS:
The Orange Blossom Ranch PUD allows for temporary sales centers as a temporary use for the
sales of residential units within the limits of its specific boundary. The use of a temporary sales
center for the sales of residential units outside of the development area would be prohibited by
the Land Development Code. Temporary Sales Centers are permitted within the Ave Maria
SRA, and several sites have been approved or are at different stages of review. The
authorization of this off-site use would provide Pulte Homes with the advantage of providing a
sales center immediately, and provide temporary relief from Section 5.04.04 of the Land
Development Code for six month period from the date of staffs temporary use approval.
FISCAL IMPACT:
Approval of this petition will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMP ACT:
Approval of this variance will not affect or change the requirements of the Growth Management Plan.
,-.
EXECUTIVE SUMMARY - TEMPORARY SALES CENTER
Page 1 of 2
BCC 12/12/06
Agenda Item No. 16A 10
December 12, 2006
Page 2 of 46
LEGAL CONSIDERATIONS:
The legal staff has recommended that the BCC not approve this request. This request is in
violation of Section 5.04.04 of the LDC, and authorizing the use of a temporary sales center for
Pulte Homes sales in the Town of Ave Maria at an existing Pulte Homes sales facility located
within the Orange Blossom Ranch PUD would set precedents for future similar requests.
RECOMMENDATION:
Staff is recommending that, based upon the health, safety and welfare concerns that were stated
in the request letter, from D. Wayne Arnold, dated November 28, 2006, that the Board of
County Commissioners direct the County Manager or his designee to issue a "Temporary Use
Permit" for a Temporary Model Home Sales Center for Ave Maria in the existing Pulte Homes
sales facility at Orange Blossom Ranch PUD, and Code Enforcement not enforce Section
5.04.04 of the Land Development Code for six months from the date of staffs temporary use
approvaL
PREPARED BY:
Michael J. DeRuntz, CFM, Principal Planner
Zoning and Land Development Review
Attachment: Letter dated November 28, 2006
_.
2
Item Number:
Item Summary:
Meeting Date:
Agenda 11 em No. 16A10
December 12, 2006
Page 3 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Request for authorization of the use of a temporary sales center for PullS Home sales in the
town of Ave Maria at an existing Pulte Homes sales fac!lity located within the Orange
Blossom Ranch PUD
12112120069:00:00 AM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning 8. Land Development Review
12/6/2006 8:49 AM
Approved By
Date
Constance A. Johns-on
Community Development &
Environmental Services
Operations. Analyst
Community Development &
Environmental Se.rvices Admin.
12/6120069:22 AM
Zoning & Land Development Director
Date
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Approved By
Zoning & Land Development Review
12/6/20069:24 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
12/6/200611:42 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager'5 Office
12/6/2006 4:07 PM
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers - Land Surveyors _ Planners _ Landscape Architects
Agenda Item No. 16A 10
December 12, 2006
Page 4 of 46
MARK W, MINOR P.E.
NORMAN J. TREBILCOCK, A.I.C.P., P.E.
C. DEAN SMITH, P.E.
DAVID W. SCHMIIT, P.E.
MICHAELJ. DELATE, P.E.
MICHAEL T. HERRERA, P.E.
GARY J. GASPERINI, P.E.
WIl50N A. GAROA, P.E.
November 28, 2006
D. WAYNE ARNOLD, AI.C.P.
STEPHEN V. BURGESS, P.S.M.
JUAN A ARAQUE, P.S.M.
KEITH A STEPHENSON, P S.M.
KENNETH W. P AHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYUE, P.E.
Mr. Joseph Schmitt, Administrator
Collier County Community Development
& Environmental Services Division
2800 North Horseshoe Drive
Naples, FI 34104
Re: Ave Maria Temporary Sales Center
at Orange Blossom Ranch pun
Dear Mr. Schmitt:
Thank you for taking time to meet with George Varnadoe and me last week to discuss the
potential temporary use of the existing PuIte Homes sales facility at Orange Blossom Ranch in
support of sales for units located within the Town of Ave Maria. Pulte Homes is the principal
residential homebuilder at Ave Maria and will be developing the first project phases for the new
town. As part of Pulte Homes' residential development plan at Ave Maria, an on-site sales
facility is designed and planned within the town. Due to delays in obtaining necessary Federal
permits, the actual construction of the sales facility has been delayed and will not be available
until mid-20D7.
The Town of Ave Maria is under active construction for much of the backbone infrastructure, as
well as vertical construction related to the University campus, Oratory, town center and
residential neighborhoods. Sales and marketing for residential components of Ave Maria is
underway and due to the large community interest in the Town of Ave Maria and the University,
there are a large number of prospective buyers and sight seers who are attempting to drive
through various construction activities on a daily basis to review the progress of the town and
university. The large number of visitors currently visiting the Town is creating health, safety and
welfare concerns related primarily to managing such a large volume of on-lookers while various
parts of the site is under construction.
In an effort to alleviate some of the safety concerns, Pulte Homes and Barron Collier Companies
would like to establish a temporary sales facility at the existing Orange Blossom Ranch sales
facility located within the Orange Blossom Ranch PUD, approximately five miles west of Ave
Maria. Pulte Homes has an existing temporary use permit (AR-77D2) for home sales at this
location and its proximity to Ave Maria makes it a logical alternative sales facility until the
permanent facility is completed at Ave Maria.
(239) 947-1144 - FAX (239) 947-0375 _ Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
J:\A-BIBarron Collier CompanieslBCCGClPlnlLtr Collier Co. Temp Sale, Center 11-28-06.doe
BCCGC
Agenda Item No. 16A 10
December 12, 2006
Page 5 of 46
Collier County Community Development
Re: Ave Maria Temporary Sales Center
At Orange Blossom Ranch PUD
November 28, 2006
Page 2
The sales facility at Ave Maria is scheduled to be completed in mid-2007; therefore, we
respectfully request your temporary authorization to utilize the existing sales facility at Orange
Blossom Ranch for a period of six months from the date of staff s temporary use approval.
Thank you for your attention to this request. Please feel free to contact me if there are any
questions.
Sincerely,
~. t}J
D. Wayne Arnold
cc: George Varnadoe
Blake Gable
J:IA-BIBarron Collier CompaniesIBCCGCIPln\Ltr Collier Co. Temp Sales Center 11-28-06.doc
BCCGC
Agenda Item No. 16A 10
December 12, 2006
Page 6 of 46
5.04.04 Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the sale of the model
design or of products similar in design to the model. Model homes and model sales
centers shall be of a temporary nature and may be allowed in the following zoning
districts:
1. Any residential zoning district or residential component of a PUD, in the estates
zoning district, and in the agricultural zoning district as part of a ruralsubdivision , by
the issuance of a temporary use permit.
2. However, a model center as a permitted use within a PUD, and not located within
adwelling unit or a temporary structure , such as a trailer, shall not require a
temporary use permit.
B. Model homes and model sales centers located within residential zoning districts, or
within a residential component of a PUD, shall be restricted to the promotion of a product
or products permitted within the residential zoning district or PUD in which the model
home or model sales center is located and further subject to the following:
1. Model homes shall only be permitted fordwellings that have not been previously
used as a residence.
2. A model home or model sales center is not intended to allow the full scope of real
estate activities and shall be restricted primarily to the sale and marketing of the model or
products similar to the model. A model home shall not include offices for builders,
contractors, developers, or similar activities.
3. Model homes may be "wet" or "dry."
a. Model homes permitted as "dry" models (unoccupied by a sales office and/or
representative) shall be limited to a conditional certificate of occupancy allowing the use
ofthestructure as a model only, provided all required infrastructure is in place to service
the unit.
b. Model homes permitted as "wet" models (occupied by a sales office and/or
representative) shall not be occupied until such time as all required infrastructure is
available to service the unit and a permanent certificate of occupancy has been issued.
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 section 5.04.04(C).
d. Model homes occupied by a sales office and/or representative must have all required
landscaping, parking, and handicappedaccess on site.
e. A temporary use permit for a model home (occupied or unoccupied) shall be issued
initially for a period of three (3) years. Extensions in excess of this period shall require
submittal and approval of aconditional use petition in accordance with Chapter 10 of
this Code.
4. Model sales centers may be located in either a temporarystructure , usually a
mobile home , or a permanent structure which is either a residential dwelling unit
or a non-residential structure . Temporary use permits shall be issued as follows:
a. A temporary use permit for a sales center in a temporarystructure shall be issued
initially for a period of three (3) years and may be renewed annually based upon
demonstration of need.
b. A temporary use permit for a sales center in a permanentstructure which is a
residential dwelling unit shall be issued initially for a period of three (3) years.
Agenda Item No. 16A 10
December 12,2006
Page 7 of 46
Extensions in excess of this period shall require submittal and approval of a conditional
use petition in accordance with Chapter 10 of this Code.
c. A temporary use permit for a sales center in a permanentstructure other than a
residential dwelling unit shall be issued initially for a period of three (3) years and may
be renewed annually on demonstration of need.
5. Temporary use permits for model homes or model sales centers to be located within a
proposed single-familydevelopment prior to final plat approval may be requested by the
applicant and require:
a. Administrative approval of a plat and construction plans showing all required
infrastructure for thelot(s) on which the model home or model sales center is to be
located.
b. A sitedevelopment plan (SDP) pursuant to Chapter 10.
c. A maximum of five (5) models, or a number corresponding to ten (10) percent of the
total number of plattedlots , whichever is less, per platted, approved development shall
be permitted prior to final plat approval as specified above.
d. Theapplicant shall provide documentation that all required utilities will be available
to the subject site, and, where required, shall depict such utilities in detail on the SDP.
e. Theparcels on which the models are located must abut a privately owned and
maintained road, temporary in nature or permanently constructed to Collier County
roadway standards.
f. The boundaries depicted on the preliminary subdivision plat shall be depicted on the
SDP in order to ensure compliance with the applicabledevelopment standards in effect
on the subject property.
g. Final lot grading and drainage conveyance shall be in conformance with the master
grading plan for the project as depicted on the preliminary subdivision plat submittal
documents.
6. Temporary use permits for model units or units used for sales centers in multi-family
projects shall not be issued prior to plat recordation and final approval of the project
sitedevelopment plan .
7. All other temporary use requests for model homes shall require the submission of a
conceptual plan which demonstrates that provisions will be made to adequately address
the requirements of section 5.04.04(C).
8. Temporary use permits for a model sales center within an existing subdivision shall
require a site plan as follows:
a. . In the case of a permanent structure which is adwelling unit , a site improvement
plan (SIP) per section 10.02.04 of this Code;
b. In the case of a permanent structure which is other than adwelling unit, a site
development plan (SDP) ;
c. In the case of a temporary structure (mobile home or sales trailer), either a
conceptual site plan (CSP) which addresses the requirements of section 5.04.04(C),
d. A SIP, depending on the extent of the work required.
9. Temporary use permits for model homes to be located within a proposed single-
familydevelopment 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 section 4.03.00, and a CSP which addresses the
requirements of section 5.04.04(C) of this Code. Unoccupied (dry) model homes will be
Agenda Item No. 16A 10
December 12, 2006
Page 8 of 46
permitted only in conjunction with an approved SDP for a model sales center which
provides adequate parking to support the model(s).
10. Temporary use permits for occupied (wet) model homes followingsubdivision
approval shall require a CSP which addresses the requirements of section 5.04.04(C) of
this Code. Temporary use permits for unoccupied model homes following subdivision
approval shall require a CSP and shall be issued only in conjunction with an approved
SDP or SIP for a model sales center which provides adequate parking to support the
model(s).
C. All model home site plans shall adequately address the following standards:
1. Traffic circulation and safety within the site as follows: All parking spaces shall be
arranged in a manner for convenient and safeaccess for vehicles and pedestrians. No
parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles
to enter or exit a site.
2. Minimum parking requirements:
a. Four (4) parking spaces for the first model unit and one and one-half (1.5) spaces for
each additional model unit (for dimensions see section 4.05.02 of this Code).
b. One (1) paved parking space for disabled persons per parking lot shall be provided
(included as part of the number of required parking spaces), along with a pavedaccess
aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this
Code) .
c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless
material as may be approved by the County Manager or designee. driveways and
handicapped spaces shall be paved.
3. Screening, buffering, and landscaping of the temporary use to reduce potential
impacts onadjacent properties as required in section 4.06.00 and approval by the County
Manager or designee as follows:
a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular
use areas.
b. A staggered double row of hedges between theright-of-way and the parking area and
a single row of hedges to screen the driveway .
4. Vehicular use areas shall be set back a minimum often (10) feet from the property
line.
5. Lighting.
6. Sanitary facilities.
7. Fire protection.
8. Environmental impacts.
9. Stormwater management.
10. Any other requirements determined by the County Manager or designee to be
necessary for the public health and safety.
!9~7Jli3037 ....,
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: C.-'~ ~ ORDINANCE NO. 04 - 74
~ ..~ .,
~ UW'\>> !~N ORDINANCE OF THE BOARD OF COUNTY
~CfJ <C! COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
"'il81.g\.~~ 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 A
PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO
PUD ZONING DISTRICT FOR A MIXED USE PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS THE ORANGE BLOSSOM
RANCH PUD LOCATED ON THE NORTH AND SOUTH SIDES OF
OIL WELL ROAD (C.R. 858) APPROXIMATELY ONE MILE EAST
OF IMMOKALEE ROAD (C.R. 846) IN SECTIONS 13, 14, AND 24,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19,
TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 616;t ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
Agenda Item No. 16A 10
December 12, 2006
Page 9 of 46
WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Bryan W.
Paul, petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
BOARD OF COUNTY
,
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SECTION ONE:
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The zoning classification of the herein described real property located in Sections 13, 14, and
24. Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier
County, Florida, is changed from a PUD Zoning District to a PUD Zoning District for a mixed use
Planned Unit Development in accordance with the Orange Blossom PUD Document, attached hereto
as Exhibit "A" and incorporated by reference herein identified as PUD-2003-AR-41 SO. The
appropriate Official Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as
amended, the Collier County Land Development Code is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of 2
Agenda Item NO.16A 10
PASSED AND DULY ADOPTED by the Board of County Commissioners of COlli!t~ll~~~ \20 ;~~~
Florida, this !Ct>'f/A-d8y of ~J onL1'L ,2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN . FLORIDA
d-~
BY:
R ' t
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\- -iftfiitri''''o,.:r f
APJfoy~i9'lig~I,C\~
and LegltN;'uffj~iency
ml~~~. ]),. ~-t-?J:
MatJori . Student
Assistant County Attorney
tlfX:
PUDZ-2003-AR-41 SORBlloJsp
Page 2 of 2
ORANGE BLOSSOM RANCH
A
MIXED USE PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Bryan Paul Citrus, Incorporated
P.O. Box 2357
Hwy 78 . A
Labelle, FL 33935-2357
PREP ARED BY:
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Boni ta Springs, Florida 34134
and
Woodward, Pires and Lombardo, P.A.
3200 Tamiami Trail North
Suite 200
Naples, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
11-16-2004
n4-74
EXHIB IT "A"
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Agenda Item No. 16A 10
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Page 11 of 46
Agenda Item No. 16A10
December 12, 2006
Page 12 of 46
INDEX PAGE
List of Exhibits 11
Statement of Compliance 111
SECTION I Property Ownership, Legal
General Description and Short Title 1-1
SECTION II Project Development 2-1
SECTION III Residential/Golf Development Areas 3-1
SECTION IV Commercial/Office 4-1
SECTION V Community Facility 5-1
SECTION VI General Development Commitments 6-1
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EXHIBIT "A"
EXHIBIT "B"
EXHIB IT "C"
LIST OF EXHIBITS
Conceptual Master Plan and Water Management Plan
Legal Descriptibn
Property Ownership Information
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Agenda Item No. 16A 10
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Page 13 of 46
11
STATEMENT OF COMPLIANCE
Agenda Item No. 16A10
December 12, 2006
Page 14 of 46
The development consists of 616:1:: acres of property in Collier County as a Mixed Use Planned
Unit Development (MPUD) to be knoWn as the Orange Blossom Ranch MPUD, which will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the Collier
County Growth Management Plan (GMP). The Orange Blossom Ranch MPUD is a mixed-use
residential community with associated community facility, recreational, and commercial uses
and will be consistent with the applicable elements of the Collier County GMP for the following
reasons:
1. The subject property is within the Settlement Area District Designation as identified on
the Future Land Use Map, which permits a wide variety of land uses, including
commercial, residential, community facility and recreation.
2. The total acreage of the MPUD is 616:1:: acres. The maximum number of dwelling units
to be built on the total acreage is 1,600. The number of dwelling units per gross acre, less
the 44:1: acre Commercial/Office area, is approximately 2.8 units. The density on
individual parcels of land throughout the project may vary according to the type of
housing placed on each parcel of land. No maximum densities have been established in
the Settlement Area District.
The MPUD proposes the inclusion of community shopping and office development
which will serve the surrounding area, on approximately 44 acres. The maximum gross
leasable area for commercial uses shall be 200,000 square feet. These uses are consistent
with the Settlement Area District of the Future Land Use Element and Golden Gate Area
Master Plan in that these areas meet the criteria outlined in the Future Land Use Element,
Golden Gate Area Master Plan, and Subsection 2.03.06 of the Land Development Code
(LDC) ).
3. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. Improvements are planned to be in compliance with applicable sections of the Collier
County LDC as set forth in Objective 3 of the Future Land Use Element.
6. The project development is planned to protect the functioning of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
7. All final local development orders for this project are subject to Section 6.02.00,
Adequate Public Facilities, of the Collier County LDC.
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Agenda Item No. 16A 10
December 12, 2006
Page 15 of 46
SECTION I
PROPERTY OWNERSHIP AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose 0 f 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 Orange Blossom Ranch MPUD.
1.2 LEGAL DESCRIPTION
Please see Exhibit "B", Legal Description.
1.3 PROPERTY OWNERSHIP
Please see Exhibit "C", Property Ownership.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located to the north and south of Oil Well Road, north of the
developed portions of the Orangetree PUD. The property lies approximately 7
miles east of c.R. 951 (Collier Boulevard) and approximately Yl mile east of C.R.
846 (Immokalee Road).
B. The zoning classification of the project prior to approval of this MPUD document
was PUD, as part of the Orangetree PUD.
1.5 PHYSICAL DESCRIPTION
A. The project lies within Collier County Main Golden Gate Canal Basin.
B. Water management facilities for the project shall be designed and constructed
with discharge via the Golden Gate Canal subject to approved SFWMD permit(s),
C. Elevations within the site vicinity are flat. The elevation of the subject site is
approximately sixteen feet (16') above mean sea level. The entirety of the site
lies within Flood Zone "D" according to Firm Map # 120067250 D, revised June
3, 1986.
D. Surficial sediments on, and in the vicinity of the project, are primarily fine quartz
sands and organic loams over shallow limestone bedrock. Specific soil types
found on the project include: malabar fine sand, basinger fine sand and boca fine
sand.
E. The subject property at the time of rezoning IS currently In active citrus
production. No native vegetation exists on-site.
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1.6
PROJECT DESCRIPTION
Agenda Item No. 16A 10
December 12, 2006
Page 16 of 46
The MPUD is a mixed-use residential single family and multi-family community with a
maximum of 1,600 units designated "RIG" dwelling units and 200,000 square feet of
commercial and office leasable area within areas designated "C/O" on the master plan.
Recreational facilities may 'be provided in conjunction with the dwelling units.
Residential land uses, recreational uses, community facility uses, commercial uses and
signage are designed to be harmonious with one another in a natural setting by using
common architecture, appropriate screeninglbuffering, and native vegetation, whenever
feasible.
1. 7 SHORT TITLE
This Ordinance shall be known and cited as the "Orange Blossom Ranch MPUD".
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Page 17 of 46
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts
included in the project, as well as other project relationships.
2.2 GENERAL
A. Development of the MPUD shall be in accordance with the contents of this
Planned Unit Development Document and, to the extent not inconsistent with this
MPUD Document, applicable sections of the Collier County LDC, as amended, in
effect at the time of issuance of any development order to which such regulations
relate, such as but not limited to final site development plan, excavation permit,
and preliminary work authorization,. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the
County LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDe 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 Orange Blossom Ranch MPUD shall become part of
the regulations which govern the manner in which the MPUD site may be
developed.
D. Except as modified, waived or excepted by this MPUD, the provisions of the
LDC, where applicable, remain in full force and effect with respect to the
development of the land which comprises this MPUD.
E. Development permitted by the approval of this MPUD will be subject to
concurrency review under the provisions of Chapter 6, Adequate Public Facilities,
of the LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the various
tracts, is illustrated by Exhibit "A", the MPUD Master Plan. The specific location
and size of individual tracts and the assignment of dwelling units (uses) thereto
shall be determined at the time of detailed site development planning or platting.
B. The final size of the recreation and open space areas will depend on the actual
requirements for water management, roadway pattern, and dwelling unit size and
configuration.
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2.4 ROADWAYS
Agenda Item No. 16A 10
December 12, 2006
Page 18 of 46
A. Roadways within the Orange Blossom Ranch MPOO may be privately owned and
maintained or owned or operated and maintained by a community development
district. Standards for roads shall be in compliance with the applicable provisions of
the LDC regulating subdivisions, unless otherwise modified, waived or excepted by
this MPUD or approved during subdivision plat approval. The developer reserves
the right to request substitutions to the WC design standards in accordance with
Chapter 10 of the LDC. The developer retains the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate on all internal
and privately, or CDD owned, or operated and maintained project roadways.
B. Roadways within the Orange Blossom Ranch MPOO shall be designed and
constructed in accordance with Chapters 4 and 6 of the LDC with the following
substitutions:
C. Deviations from Construction Standards
Streets and access improvements
1. 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 forty (40) feet. Drive aisles
serving multi-family tracts shall not be required to meet this standard.
The publicly accessible roadway corridor which provides for an
interconnection between Oil Well Road and the CF designated lake parcel
shall be permitted to be sixty (60) feet in width.
2. Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum
of a twenty (20) foot radius (face of curb) for all internal project streets
and a thirty-five (35) foot radius for intersections at project entrances.
4. Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves
on any project streets.
D. Other Deviations
Sidewalks, bike lanes and bike paths
1. Chapters 4 and 6 ofthe LDC,
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Agenda Item No. 16A 10
December 12, 2006
Page 19 of 46
The publicly accessible entry road extending from Oil Well Road to the CF
designated parcel shall have a minimum eight foot (8') wide pathway on one
side of the street, or a 5 foot wide pathway on both sides of the street which
may meander in and out of the right-of-way.
2.5 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Sections 22-106 through 22-119 of the Code of
Laws and Ordinance of Collier County, Florida may be reduced subject to the provisions
established in the Code of Laws and Ordinance of Collier County, Florida. All lakes greater
than two (2) acres may be excavated to the maximum commercial excavation depths subject
to pennit approval of the South Florida Water Management District.
2.6 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part of
the MPUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
MPUD Master Plan, the Collier County LDC and the platting laws of the State of
Florida.
B. Exhibit "An. the MPUD Master Plan, constitutes the required MPUD
development plan. Any division of property and the development of the land
shall be in compliance with Chapter 10 of the Collier County LDC and the
platting laws of the State of Florida.
C. The provisions of Chapter 10 of the Collier County LDC shall apply to the
development of all platted tracts or parcels of land as provided in said Chapter
prior to the issuance of a building permit or other development order.
D. Utilization of lands within all project public rights-of-way for landscaping,
gatehouses access control features, decorative entrance ways, architectural
features and signage shall be allowed subject to review and administrative
approval by the Collier County Engineering Director for engineering and safety
considerations during the development review process and prior to any
installations of plant material. or construction. Private and community
development district owned rights-of-way may be utilized for landscaping.
gatehouses access control features, decorative entranceways. architectural features
and signage at the discretion of the developer.
E. Utility, road. public and private easements shall be established as required during
the site development plan 'and/or plat approval process.
F. Appropriate instruments will be provided at the time of infrastructure
improvements regarding dedications and the method for providing perpetual
maintenance of common facilities.
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Agenda Item No. 16A 10
December 12, 2006
Page 20 of 46
2.7 MODEL HOMES, MODEL SALES OFFICE AND CONSTRUCTION OFFICE
A. Model homes sales offices, construction offices, and other uses and structures related
to the promotion and sale of real estate such as, but not limited to, pavilions, parking
areas, and signs, shall be' permitted principal uses throughout the Orange Blossom
Ranch MPUD. These uses shall be subject to the requirements of Subsection 5.04.04,
Subsection 10.02.05 C and Subsection 10.02.03 of the LDC.
B. Model homes may be permitted in single family, multi-family and townhome
buildings and up to 8 single family and/or one 8-unit multi family building per platted
tract or area subject to site development plan approval may be utilized for wet or dry
models, subject to the time frames specified in Subsection 5.04.04 ofthe LDC.
2.8 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN
Amendments may be made to the MPUD Document and MPUD Master Plan as provided
herein and in Subsection 10.02.13 of the LDC.
2.9 COMMON AREA MAINTENANCE
Common area maintenance shall be provided by a property owners' assocIatIon or
community development district (CDD). The association or COD is a legitimate
alternative for the timely and sustained provision of quality common area infrastructure
and maintenance under the terms and conditions of a County development approval. For
those areas not maintained by association or CDD, the developer will create a property
owner association(s), or condominium association(s) whose functions shall include
provision for the perpetual maintenance of common facilities and open spaces. The
master, or the property owners' association, or CDD, as applicable, shall be responsible
for the operation, maintenance, and management of the surface water and stormwater
management systems serving the Orange Blossom Ranch MPUD.
2.10 DESIGN GUIDELINES AND STANDARDS
Planned unit development districts are intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively large
tracts ofland under unified ownership or control, as set forth in Subsection 2.03.06 of the
LDC. Commercial components of the project shall be subject to Subsection 5.05.08 of
the LDC.
2.11 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Orange Blossom
Ranch MPUD. General permitted uses are those uses which generally serve the
developer, property owners and residents of the Orange Blossom Ranch MPUD and are
typicaUypart of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the Collier County LDC, Subsection
2.01.03.
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Agenda Item No. 16A10
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Page 21 of 46
2. Water management facilities and related structures.
3. Temporary water and sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank. treatments.
5. Guardhouses, gatehouses, architectural subdivision entry features and
access control structures.
6. Community and neighborhood parks, recreational facilities, community
centers.
7. Temporary construction, sales, and administrative offices for the
developer, builders, and their authorized contractors and consultants,
including necessary access ways, parking areas and related uses in
accordance with the Collier County LDC in effect at the time permits are
requested unless otherwise specified herein.
8. Model homes sales offices, construction offices, and other uses and
structures related to the promotion and sale of real estate or such as, but
not limited to, pavilions, parking areas, and signs. These uses shall be
subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C
and Subsection 10.02.03 of the LDC.
9. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls in accordance with the Collier County LDC in effect at
the time permits are requested unless otherwise specified herein.
10. Agricultural uses and related accessory uses. However, agricultural
operations shall cease upon recordation of a plat or approval of a site
development plan for a specific tract.
11. Any other use which is comparable in nature with the foregoing uses and
which the Board of Zoning Appeals determines to be compatible.
B. Development Standards
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Fifteen feet
(15 '). Guardhouses, gatehouses, fences, walls, columns, decorative
architectural features and access control structures shall have no required
setback.
2. Setback from exterior property lines - One half (Yi) the height of the
structure.
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Agenda Item No. 16A 10
December 12, 2006
3. Minimum distance between structures, which are part of an arcHM~af1t6
unified grouping - Ten feet (10).
4. Minimum distance between unrelated structures - Ten feet (10').
5. Minimum floor' area - None required.
6. Minimum lot or parcel area - None required.
7. Maximum Height - Thirty feet (30') for guardhouses and decorative
architectural features.
8. Sidewalks, bike paths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bike
path, or cart path.
2.12 OPEN SPACES REQUIREMENTS
Subsection 4.02.01 of the LDC requires that mixed-use PUDs provide a minimum of
30% open space. At the time of site development plan or plat approval, the developer
shall demonstrate compliance with this requirement. For purposes of this requirement, a
minimum of 10% of the C/O area shall be open space.
2.13 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Orange Blossom Ranch MPUD.
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4: I
2. Ground covered berms
Perimeter 3: 1
Internal to proj eet 3: 1
3. Structural walled berms - vertical
Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the
nearest residential structure within the development. If the 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.
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SECTION III
Agenda Item No. 16A 10
December 12. 2006
Page 23 of 46
RESIDENTIAL/GOLF
"RIG"
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Orange Blossom Ranch MPUD designated on the Master Plan as ''RiG'',
Residential/Go If.
3.2 MAXIMUM DWELLING UNITS
A maximum of 1,600 dwelling units of various types may be constructed within areas
designated RIG on the Master Plan.
3.3 GENERAL DESCRIPTION
Areas designated as "RIG," Residential/Golf on the Master Plan are designed to
accommodate a full range of residential dwelling types and general pennitted uses as
described by Section 2.11 and a full range of recreational facilities, essential services, and
customary accessory uses.
The approximate acreage of the area designated for residential/golf development is indicated
on the MPUD 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 in accordance with Chapter 4, of the LDC. Residential tracts are designed
to accommodate internal roadways, open spaces, and other similar uses found in residential
areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Single family attached and detached dwellings, town homes.
2. Single family patio and zero lot line dwellings.
3. Two-family and duplex dwellings.
4. Multi-family dwellings including coach homes and garden apartments.
5. Recreational facilities such as parks, playgrounds, and pedestrianlbikeways.
6. Golf courses and golf course related clubs and facilities, including
clubhouses, restaurants, pro shops, tennis courts, swimming pools and
similar recreational facilities.
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Agenda Item No. 16A 10
December 12, 2006
7. Indoor and outdoor recreation facilities, including but not ~6d O{046
community centers, swimming pools, tennis courts, and the like.
8. Gazebos, architectural features, fishing piers, courtyards, golf course
shelters.
9. Indoor parking facilities and outdoor parking lots.
10. Those uses outlined in Section 2.11.A herein.
11. Collier County Public Schools -Educational facilities limited to a maximum
single 20 acre tract located only in the area on the north side of Oil Well
Road contiguous to Oil Well Road. The location of the C/O area may be
modified or adjusted if a Collier County public school is located in this
limited designated area. Such modification or adjustment is and shalI be
deemed to be an insubstantial change to the MPUD Docwnent and MPUD
Master Plan
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this District, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development, and
essential services. No accessory structures associated with a Collier County
public school are allowed or permitted.
2. Any other accessory use which is comparable in nature with the foregoing
uses and which the Board of Zoning Appeals determines to be compatible.
3.5 DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for the residential land uses within the
Orange Blossom Ranch MPUD RIG Development Area.
B. Site development standards for single family, zero lot line, patio home, two-family,
duplex, single family attached and town home uses apply to individual residential lot
boundaries. Multi-family standards apply to parcel boundaries.
C. Standards for parking, landscaping (excluding landscape buffer width), signs and
other land uses, where such standards are not specified herein, are to be in
accordance with the LDC in effect at the time of site development plan approval.
Unless otherwise indicated, required yard, height, and floor area standards apply to
principal structures.
D. Development standards for uses not specifically set forth in this Section shall be in
accordance with those standards of the zoning district which permits development
that is most similar to the proposed use. .
E. During the platting process, the developer shall identifY the specific housing type
intended for each platted tract.
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Agenda Item No. 16A 10
December 12, 2006
F. Development standards for non-residential uses within RJG Designated ~ ~m.~6
Conceptual Master Plan
1. Minimum lot area - None required.
2. Yard requiremehts:
a. Front: 25 feet
b. Side: 10 feet
c. Rear: 0 feet if abutting a golf course or lake, 20 feet if abutting a
residential tract. However no structure shall be permitted to encroach into a
lake maintenance easement.
3. Maximum heights: 40 feet not to exceed 3 stories.
4. Parking requirements for non-residential uses
a. Golf club, golf related facilities, restaurants, pro shops, tennis
facilities and spa - 3 spaces for every one thousand (1,000) square
feet of gross floor area of the golf club. If a restaurant is open to
the general public, then parking for the restaurant use shall be
provided in accordance with UDC parking provisions. For
purposes of this Section, the calculation of gross floor area shall
not include under-building parking or cart storage facilities.
b. Accessory uses and structures - No separate parking area IS
required for any accessory use within the "RIG" area.
5. Building Separation: Principal buildings shall be separated a minimum 15
feet. Principal buildings may be attached to accessory structures, such as
covered walkways, pergolas and similar structures commonly used to
provide for pedestrian protection.
6. Signage shall be consistent with provisions of Subsection 2.03.06 and
Subsection 5.06.04 of the LDC, and may be permitted at the locations
conceptually shown on the Master Plan.
7. Landscaping shall be in accordance with Subsection 4.06 of the LDC.
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Page 26 of 46
TABLE I
ORANGE BLOSSOM RANCH COMMUNITY
DEVELOPMENT STANDARDS FOR
"RIG" RESIDENTIAL AREAS
PERMITTED USES Single Zero Lot Line Two Family and Single Multi.
AND STANDARDS Family *7 Duplex Family Family
Detached Attached Dwellings
and
Townhouse
Category I 2 3 4 5
Minimum Lot Area 4,200 SF 4,000 SF 3,500"'2 1,700 SF 9,000 SF
Minimum Lot Width *3 42' 40' 35' IT 90'
Minimum Lot Depth 100' 100' 100' 100' 100'
Front Yard*6 20' 20' 20' 20' 20'
Side Yard 6' 00r6' *4 o or 6' o or *4 15'
Rear Yard 15' 15' 15' 15' 15'
Rear Yard Accessory * 1 10' 10' 10' 10' 10'
Maximum Building 45 feet
Height not to
exceed 3
35 feet 35 feet 35 feet 35 feet stories
Distance Between
Detached Principal
Structures *5 12' 12' 12'*5 12' 20''''5
Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF
All distances are in feet unless otherwise noted.
*' - Rear yards for accessory Structures on lots and tracts which a abut lake or golf Course may be reduced to 0 feet; however. there shall be no
encroachment into a mainlenance easement.
*2 - Each half of a duplex unit requires a lot area allocation of 3.500 square feet for a total minimum lot area of 7.000 square feet.
*3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
*4 - Zero foot minimum side setback on one side as long as a minimum 12-foot separation between principal Structures is maintained.
*5 - Building distance may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided.
*6 - Front entry garages shall be sel back a minimum of 23 feet from edge of any provided sidewalk. A.minimum 20 foot front yard may be
reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. For comer lots. front setbacks shall apply to short side of
lot. The set back on the long side of lot may be reduced to a minimum of ] 5 feet.
*7 - A conceptual plan for any tract utilized for zero lot line development shall be approved concurrent with a plat for the tract.
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SECTION IV
Agenda Item No. 16A 10
December 12, 2006
Page 27 of 46
COMMERCIAL/OFFICE AREA
"C/O"
4.1 PURPOSE
The purpose of this Section is to set forth the permitted uses and development standards
for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", MPUD
Master Plan.
4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET
The 44:t acre Commercial/Office Area (Tract "CO"), shall be developed with not more
than 200,000 square feet of commercial/office uses.
4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses!:
1. Travel agencies (Group 4724)
2. Any contractor business as defined in the Standard Industrial
Classification Manual for the following Major Groups:
a. 15 - Building construction- general building contractors and operative
builders (no outdoor storage permitted).
b. Groups 1711 - 1793, 1796 - 1799 Construction - special trade
contractors (no outdoor storage permitted).
3. Any establishment engaged in printing utilizing common processes,
classified under the following industry groups:
a. Groups 2711,2721, and 2752 - Newspapers and periodicals: publishing
or publishing and printing
4. General warehousing and storage (Group 4225), indoor storage.
5. United States Postal Service (Group 4311), except major distribution
center.
6. Any retail businesses as defined in the Standard Industrial Classification
Manual for the following categories:
a. Industry group 521 - Lumber and other building materials dealers.
1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial
Classification Manual, 1987 Edition.
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Agenda Item No. 16A 10
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b. Industry group 523 - Paint, glass, and wallpaper stores. Page 28 of 46
c. Industry group 525 - Hardware stores.
d. Industry group 526 - Retail nurseries, lawn and garden supply stores
e. Major Group 53 - General merchandise stores.
7. Any retail store engaged in selling food as defined under Major Group 54
in the Standard Industrial Classification Manual, except freezer food
plants.
8. Any retail businesses engaged in selling automobile parts and accessories;
and retail gasoline sales (with service facilities), as dermed in the Standard
Industrial Classification Manual for the following categories:
a. Industry group 553 - Auto and home supply stores;
b. Industry group 554 - Gasoline stations, including service stations and
marine service stations.
9. Any retail businesses engaged in selling apparel and accessories as defined
under Major Group 56 in the Standard Industrial Classification Manual.
10. Any retail businesses engaged in selling home furniture, furnishings, and
equipment stores as defined under Major Group 57 in the Standard
Industrial Classification Manual.
11. Any retail establishment selling prepared foods and drinks, including
alcoholic drinks (for consumption on the premises), as defined under
Major Group 58 in the Standard Industrial Classification manual.
Drinking places (Group 5813) shall be permitted only in conjunction with
eating places (Group 5812).
12. Any miscellaneous retail businesses as defined under Major Group 59 in
the Standard Industrial Classification Manual, not including Industry
Group Numbers: 593 - Used merchandise stores; 596 - nonstore retailers;
598 - fuel dealers, Group 5999 - gravestones, police supply, sales barns;
and not including the retail sale of fireworks.
13. Establishments operating primarily in the fields of finance, insurance, and
real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in
the Standard Industrial Classification Manual.
14. Establishments operating primarily to provide personal services as defined
in the Standard Industrial Classification Manual for the following Industry
Groups:
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a. Industry group 721 - Laundry, cleaning, and gannent services, only
dry-cleaning and coin laundry.
b. Industry group 722 - Photographic portrait studios;
c. Industry group 723 - Beauty shops;
d. Industry group 724 - Barbershops;
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Agenda Item No. 16A 10
December 12, 2006
e. Industry group 725 - Shoe repair shops and shoeshine parl<fr~e 29 of 46
f. Industry group 729 - Miscellaneous personal services, only including
Group 7291 - tax return preparation services, and Group 7299
personal services, only including car title and tag service, computer
photography or portraits, dress suit and tuxedo rental, electrolysis (hair
removal), hair weaving or replacement service and tanning salons.
15. Establishments operating primarily to provide business services as defined
in the Standard Industrial Classification Manual for the following industry
numbers:
a. Group 7311 - Advertising agencies.
b. Group 7313 - Radio. television, and publishers' advertising
representatives.
c. Group 7331 - Direct mail advertising services.
d. Group 7334 - Photocopying and duplication services.
e. Group 7335 - Commercial photography.
f. Group 7336 - Commercial art and graphic design.
g. Group 7338 - Secretarial and court reporting services.
h. Group 7352 - Medical equipment rental and leasing.
1. Group 7359 - Equipment rental and leasing, not elsewhere
classified.
J. Groups 7371 -7379 - Computer services.
k. Group 7383 - News syndicates.
I. Group 7384 - Photofinishing laboratories.
m. Group 7389 - Business services except automobile recovery,
automobile repossession, batik work, bottle exchanges, bronzing,
cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories-telephone, drive-away
automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal
slitting and shearing, packaging and labeling, patrol of electric
transmission or gas lines, pipeline or power line inspection, press
clipping service, recording studios, repossession service, rug
binding, salvaging of damaged merchandise, scrap steel cutting
and slitting, shrinking textiles, solvent recovery, sponging textiles,
tape slitting, texture designers, textile folding, tobacco sheeting,
window trimming, and yacht brokers.
16. Groups 7513 -7549 - Automotive repair, services, parking (except that this
shall not be construed to permit the activity of "tow-in parking lots"), and
carwashes (Group 7542), abutting residential zoning districts shall be
subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding
a capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
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Agenda Item No. 16A 10
December 12, 2006
Page 30 of 46
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. MinimUm frontage. A carwash shall not be located on a lot with
less than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a
masonry or equivalent wall constructed with a decorative finish,
six feet in height shall be erected along the lot line opposite the
residential district and the lot lines perpendicular to the lot lines
opposite the residential district for a distance not less than 15 feet.
The wall shall be located within a landscaped buffer as specified in
Subsection 4.06 of the LDC. All walls shall be protected by a
barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural
theme along each building fayade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for
all car washing facilities, including self-service car washing
facilities, shall be enclosed on at least two sides and shall be
covered by a roof. Vacuuming facilities may be located outside
the building, but shall not be located in any required yard area.
1. Hours of operation. Carwashes abutting residential districts shall
be closed from 10:00 p.m. to 7:00 p.m.
17. Group 7841 - Videotape rental.
18. Group 7991 - Physical fitness facilities and Group 7999 -Amusement
and recreation services, not elsewhere classified, including martial arts and
dance instruction.
19. Groups 8011 - 8059,8071-8072 - Health services, including offices of
oncologists.
20. Establishments operating primarily to provide legal services as defined
under Major Group 81 in the Standard Industrial Classification Manual.
21. Establishments providing educational services as defined in Major Group
82 in the Standard Industrial Classification Manual.
22. Group 8351-Child day care services
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23.
Group 8412- Museums and art galleries
Agenda Item No. 16A 10
December 12, 2006
Page 31 of 46
24. Establishments operating a variety of membership organizations as
defined in Major Group 86 in the Standard Industrial Classification
Manual. .
25. Establishments operating primarily to provide engineering, accounting,
research, and management for the following industry numbers:
1. Group 8711 - Engineering services.
2. Group 8712 - Architectural services.
3. Group 8721 - Accounting, auditing, and bookkeeping
servIces.
4. Group 8732 - Commercial economic, sociological, and
educational research.
5. Group 8742 - Management consulting services.
6. Group 8743 - Public relations services.
7. Group 8748 - Business consulting services.
26. Offices of government as defined under Major Group 91 in the Standard
Industrial Classification Manual.
27. Major Group 92 - Offices for police, fire and public safety.
28. Agricultural uses, however, agricultural uses shall cease upon
commencement of site development on the commercial tract.
29. Any other comparable land use as determined by the Board of Zoning
Appeals.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Parking facilities and signage.
2. Caretaker's residences.
3. Outdoor storage of vehicles associated with a principal use; however, no
outdoor equipment storage is permitted.
4.4 DEVELOPMENT STANDARDS
A. Minimum lot area: 10,000 square feet.
B. Average lot width: 100 feet.
C. Minimum yards (internal):
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Agenda Item No. 16A 10
December 12, 2006
I. Front Yard: 20 feet, except that a minimum 25 fodfabniJaink46
setback shall be maintained from Oil Well Road (C.R. 858).
2. Side Yard: None, or a minimum of 5 feet, with a minimum of 10
feet betWeen structures.
3. Rear Yard: 15 feet.
4. Parcels with two frontages may reduce one front yard by 10 feet.
D. Minimum distance between principal structures: Fifteen (15) feet.
E. Maximum height: 45 feet, except for architectural appurtenances, which
shall not exceed 60 feet.
F. Minimum floor area: 1,000 square feet per principal structure, on the first
finished floor. Kiosk vendors, concessions, and temporary or mobile sales
structures are permitted to have a minimum floor area of 25 square feet
and are not subject to the setback requirements set forth above.
G. Maximum gross leasable floor area: 200,000 square feet.
H. Off-street parking and loading requirements: As required by Chapter 4 of
the LDC in effect at the time of site development plan approvaL
J. Architectural requirements: Commercial/office development in this
MPUD shall have a common architectural theme for principal structures,
which shall include landscaping, signage and color palate.
Commercial/office development site design shall conform with the
guidelines and standards of Subsection 5.05.08 of the LDC.
K. The distance and separation requirements for establishments selling
alcoholic beverages for consumption on premises set forth within
Subsection 5.05 of the LDC shall not apply. There shall be no distance
and separation requirement applicable to uses in the "C/O" District.
L. Signage locations for residential and commercial components of the
project may be permitted at the project entrances and / or within private
and CDD roadway medians as shown on the conceptual master plan,
subject to size and copy criteria found in the LDC.
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SECTION V
Agenda Item No. 16A 10
December 12, 2006
Page 33 of 46
COMMUNITY FACILITY DISTRICT
"CF"
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Orange Blossom Ranch MPUD community designated on the Master
Plan as the "CF" Community Facility District.
5.2 GENERAL DESCRIPTION
Areas designated as "CF" Community Facility on the Master Plan are designed to
accommodate a full range of community facility uses and functions. The primary
purpose of the CF District is to provide for facilities that may serve the community at
large with governmental, administrative, and recreational uses.
5.3 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, in whole or in
part for other than the following, subject to regional, state and federal permits when
required:
A. Principal Uses
1. Parks, golf courses, passive recreational areas, boardwalks, fishing piers.
2. Recreational shelters and restrooms.
3. Drainage, water management, irrigation for all properties within the
MPUD and adjacent properties [including excavating necessary to provide
same], and essential utility facilities.
4. Governmental administrative offices.
5. Public or private schools.
6. Educational services.
7. Childcare centers.
B. Accessory uses and structures such as parking lots, walls, berms and signage.
5.4 DEVELOPMENT STANDARDS
Development standards for all structures shall be m accordance with the following
requirements:
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Agenda Item No. 16A 10
December 12, 2006
A. Minimum building setback shall be 25 feet for principal structures and Ft~~ mr46
accessory structures.
B. Maximum height of structures - Thirty-five feet (35').
C. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein shall be in accordance with the Collier County
LDC in effect at the time of site development plan approval.
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~..... --~,>,--
SECTION VI
Agenda Item No. 16A 10
December 12, 2006
Page 35 of 46
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the Orange
Blossom Ranch MPUD.
6.2 MPUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site development
plans, final subdivision plans and all applicable State and local laws, codes and
regulations except where specifically referred or modified herein.
B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan. Tracts and boundaries and acreage allocations shown on the
plan are conceptual and approximate and shall not be considered final. Actual
tract boundaries shall be determined at the time of preliminary subdivision plat or
site development plan approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all utilities.
6.3 ENGINEERING
A. Except as noted herein, all project development shall occur consistent with
Chapter 4 and Chapter 10 respectively, ofthe LDC.
6.4 UTILITIES
A. The developer agrees that locations for a total of no more than five (5) potable
water well sites shall be made available for use by Collier County Utilities for the
Northeast Regional Water Treatment Facilities. Conceptual locations as agreed
upon by the developer and Collier County are shown on Exhibit A. Three (3) of
these well sites shall be utilized only for wellheads and shall consist of a well
enclosed in a concrete vault structure, an above grade electrical control panel with
telemetry interface and a driveway for access. Two (2) of these sites shall be
utilized for wellheads, a control building and a driveway for access, and shall be
located on, or adjacent to a non-residential tract. The control building shall
include electrical equipment and an emergency power generator unit.
The three wellhead sites excluding any the control buildings shall be located
within a 30 foot by 30 foot easement area. The two wellhead/control building
sites shall be no more than 50 feet by 50 feet. Necessary pipeline and driveway
easements shall be granted to Collier County Water Sewer District at no
acquisition cost. The County shall landscape and maintain all sites to minimize
the impacts on the community. The landscaping shall be compatible with that
utilized in the Orange Blossom Ranch development. All driveway materials shall
be similar to the materials utilized in other driveways in the adjacent area. All
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Agenda Item No. 16A 10
December 12, 2006
concrete vault structures and control buildings shall be constructeBa~ :mel!d6
architecturally with the community.
To the maximum extent possible, the pipeline easements for the raw water
transmission main shan be located by the County in proposed roadways, adjacent
to proposed rights-of-way, or along platted property lines.
All final well site and pipeline locations shall be provided to the developer during
the platting process of the development. Multiple platting of the project may
occur.
The County agrees upon request of the developer to modify and adjust final well
site and pipeline locations to best accommodate the uses in the Orange Blossom
Ranch MPUD, and to ensure that the proposed well field and pipelines shall be
compatible with neighboring properties.
B. After final wellfield sites have been determined pursuant to this provision and
after written request from Collier County, the documents granting the easement
shall be executed and delivered in accordance with the following procedure;
1. Within 60 days of written request from Collier County, the developer shall
provide to the County an attorney's opinion of title which also identifies
all parties holding liens against the agreed upon well field easement areas,
and to which is attached a copy of the deed(s) evidencing record title, and
hard copies of said liens against the property. Within 90 days of aforesaid
written request from Collier County, the developer shall convey the
reserved agreed upon well field easement areas to Collier County, as a
donation, by warranty deed, made free of all judgment and/or mortgage
liens by the execution of such releases, subordinations, or satisfactions as
may be necessary to accomplish same.
C. 1. Orange Tree Utility Company Utilitv Certificated Area. This PUD is entirely
within the certificated utility service area of the Orange Tree Utility. Such
certification places duties and responsibilities upon that Utility to provide water
service and wastewater services to this MPUD area. Therefore, interim water and
interim wastewater is fully anticipated by the developer and the County to be
provided to this MPUD by that Utility in total compliance with its obligations.
The Collier County Water-Sewer District (CCWSD) intends to commence serving
both services to this MPUD area not later than the year 2012. The Orange Tree
Utility and the CCWSD may provide water service to this MPUD area without
immediately and concurrently providing wastewater service, and vice versa.
2. Developer's Owned and Ooerated Interim Utili tv Facilities
A. Sales Center. Models. Clubhouse Facilitv: The developer, at its
election, may construct interim potable water and wastewater
systems (i.e. wells, septic tanks, small package plant) for developer
owned or controlled sales centers and to not more than ten (10)
model homes, as well as any clubhouse facility but this interim
service shall not be provided to any model home after the
respective model home is sold to its first owner-occupant. All such
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Agenda Item No. 16A 10
December 12, 2006
temporary facilities shall comply with applicable State anm€E)~6
regulations and shall acquire all necessary governmental permits.
B. Possible (Unanticit>ated) Develot>er Owned and Onerated Interim
Utility Plant. As to facilities to provide interim service by the
Developer beyond that specified above in Section 6.4.C.2.A,
subject to either (a) written permission from the Orangetree Utility
to provide the respective (more extensive) interim water service
and/or interim wastewater service, or (b) the MPUD has been
removed from that Utility's certificated area (with or without
permission from that Utility), or (c) any other circumstance
sufficient in law then existing whereby that Utility's exclusive
certificated area rights to provide the respective service(s) has been
extinguished; and the CCWSD is not then ready, willing and able
to provide the respective utility service to the MPUD area, then the
developer shall be entitled to construct an interim potable water
plant and/or interim wastewater plant to provide the respective
service only within the Orange Blossom Ranch MPOO. All such
"developer owned and operated utility plant and facilities" shall
comply with all applicable Federal and Florida laws, rules and
regulations, and with all applicable County ordinances, rules and
regulations, and shall require all necessary governmental permits
to be obtained by or on behalf of the developer at no cost to the
County. All such developer utility plant(s) shall be removed at no
cost or expense to the CCWSD or to the Orange Tree Utility - to
facilitate a seamless transition for the developer supplied
respective interim utility services to the respective later-in-time
permanent service to be provided by the CCWSD.
3. CUE's. All transmission and distribution facilities within this MPUD shall
be constructed by (or on behalf of the developer) the developer and shall be
located within CCWSD utility easements (CUEs), including the transmission and
distribution facilities that will connect this MPUD area to Orangetree utility
facilities, and/or will connect this MPUD area to the CCWSD utility facilities.
The CCWSD shall have no duty or responsibility regarding any of those facilities
until the CCWSD obtains legal title to the respective utility facilities.
4. Conveyance of Title to MPUD Transmission and Distribution Facilities to the
Orange Tree Utili tv. Water and wastewater transmission and distribution
facilities in this MPOO shall be installed by, or on behalf of, the developer. If as
is anticipated, Orangetree Utility provides both interim utility services to the
Orange Blossom Ranch MPUD prior in time than when the CCWSD provides
those services, title to the transmission and distribution facilities shall be
conveyed to the Orangetree Utility at no cost to that Utility. Also, at no cost to the
that Utility nor to the CCWSD, the developer shall provide a detailed inventory
and "record drawings" to Orange Tree Utility and to the CCWSD regarding all
water and/or wastewater transmission and distribution facilities in this MPUD
area. This shall be a continuing obligation, including providing all changes made
from time-to-time to the original inventory and changes made from time-to-time
to the "record drawings. n
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Agenda Item No. 16A10
December 12, 2006
5. Collier County Water-Sewer District Imoact Fees. and other Utilitfc(j)l.uitns:1-6
When the CCWSD provides the respective (water and/or wastewater) utility
service to customers within this MPUD, each such customer account shall be a
"new" customer as to the CCWSD Pursuant to and in compliance with the then
applicable Collier County Impact Fee Ordinance and with other Collier County
Ordinances that then impose utility fees and charges upon such new customers,
each such new customer shall be required to pay Collier County Water and
Wastewater Impact Fees and other utility fees and charges to the CCWSD to the
extent then required by those Ordinances. It is anticipated that these fees and
charges shall be and shall remain uniform throughout the entire certificated
service area of the Orange Tree Utility. It is anticipated that these obligations to
pay such fees and charges to the CCWSD shall apply to each such "new"
customer irrespective of whether similar types of fees and/or charges had been
paid to Orange Tree Utility. The developer shall ensure that all prospective
purchasers of lots and/or parcels of land in this MPUD will be provided with
advance written notice in sales literature that every cUstomer of the Orange Tree
Utility will in all probability be required to pay Water and Wastewater Impact
Fees and other utility fees and charges to the CCWSD when the County
commences to provide the respective service(s). That notice shall be written in the
recorded MPUD documents and shall remain in those recorded documents until
the landowners in this MPUD area are no longer paying impact fees to the Orange
Tree Utility.
6.5 WATERMANAGEMENT
A. This project shall be designed in accordance with the rules of the South Florida
Water Management District in effect at time of permitting.
B. An excavation permit shall be required for the proposed lakes in accordance with
the Collier County Code of Laws. All lake dimensions shall be approved at the
time of excavation permit approval and shall be consistent with permits issued by
the South Florida Water Management District. Excavated material may be
relocated within the limits of the MPUD and across canal easements or rights-of-
way contiguous to the MPUD, and shall not be considered off-site excavation.
C. The Orange Blossom Ranch MPUD conceptual surface water management
system is described in the Surface Water Management and Utilities Report which
has been included in the MPUD rezone application materials.
D. This project shall be reviewed and approved by the Collier County Stormwater
Management Section prior to construction plan approval. Lake sideslopes shall
conform to the requirements of Subsection 3.05.10 of the LDC.
E. The project shall evaluate off-site flows coming onto the property from adjacent
properties. The analysis shall ensure that there is sufficient capacity in the
proposed perimeter by-pass swale system without causing flooding or causing
adverse surface water conditions to adjacent property owners. This evaluation
shall be provided at the time of construction plan review.
F. Off-site removal of excavated material is permitted.
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Agenda Item No. 16A 10
December 12, 2006
G. The entire MPUD shall'be permitted to utilize the lake system desi~iWtt{&6
residentiaVgolf area and community facility area (90:1:: area lake) for water
management purposes.
6.6 ENVIRONMENT AL
A. The Orange Blossom Ranch MPUD shall contain a minimum of30% of project's
acreage as open space which may consist of buffers, lakes, recreation areas and
the like.
6.7 TRANSPORTATION
The development of the Orange Blossom Ranch MPUD shall be subject to and governed
by the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on the
MPUD Master Plan are considered to be conceptual. Nothing depicted on any
such Master Plan shall vest any right of access at any specific point along any
property frontage. All such access issues shall be approved or denied during the
review of required subsequent site plan or final plat submissions. All such access
shall be consistent with the Collier County Access Management Policy (Res. No.
01-247), as it may be amended from time to time, and with the Collier County
Long-Range Transportation Plan. The number of access points constructed may
be less than the number depicted on the Master Plan; however, no additional
access points shall be considered unless a PUD amendment is to be processed.
D. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County, shall not be eligible for impact fee credits. All required improvements
shall be in place and available to the public prior to the issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County Ordinance
Number 01-13, as amended, and Chapter 6 of the LDC, as it maybe amended.
F. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Res. No. 01-247), as it may be amended, and
the LDC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this MPUD which is
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Agenda Item No. 16A 10
December 12, 2006
found to be adverse to the health. safety and welfare of the public. PA.ii,4Sh~ft46
modifications shall be based on. but are not limited to. safety, operational
circulation, and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening. nor the lack thereof, be the basis
for any future cause of action for damages against the County by the developer,
its successor in title, or assignee.
I. All internal roads, driveways, alleys, pathways. sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and CoJIier Country shall have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of existing County rights-
of-way or easements, compensating rights-of-way shall be provided without cost
to Collier County as a consequence of such improvement.
K. In order to facilitate future right-of-way improvements for Oil Well Road, the
developer shall reserve 75 feet along the north right-of-way line of Oil Well Road,
and 25 feet along the south right-of-way line of Oil Well Road for future
dedication of a fee simple interest in such reserved areas to Collier County. At
dedication, this reservation area shall be considered a contribution of off-site
improvements to the transportation network and shall not be eligible for impact
fee credits. Within 60 days of written request from Collier County, the developer
shall provide to the County an attorney's opinion of title which also identifies all
parties holding liens against the reserved right-of-way, and to which is attached a
copy of the deed(s) evidencing record title, and hard copies of said liens against
the property. Within 90 days of aforesaid written request from Collier County,
the developer shall convey the reserved right-of-way to Collier County, as a
donation to Collier County, via warranty deed, made free of all judgment and/or
mortgage liens by the execution of such releases, subordinations, or satisfactions
as may be necessary to accomplish same. The developer shall be permitted to
landscape and to irrigate the reservation areas until such time as clearing and
grubbing shall begin on the Oil Well Road improvements. The developer shall
not receive any compensation for the loss or relocation of said landscaping and/or
irrigation located within the reserve area as a result of developer's dedication and
County's acceptance of the fee simple interest in the reservation area.
L. Except for that corridor identified as a public right-of-way to the CF parcel,
access controls shall be installed on all non-county roadways.
M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary. the cost of such improvement shall be
borne by the developer and/or adjacent developers on a fair share basis.
N. If. in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
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Agenda Item No. 16A 10
December 12, 2006
easement is detennined to be necessary, the cost of such improvemetfiaifiat~ Bb46
borne by the developer and/or adjacent developers on a fair share basis.
6.8 COMMUNITY FACILITY
A. A 60-foot wide easement corridor for public right-of-way purposes shall be
provided from Oil Well Road to the CF designated parcel as conceptually located
on Exhibit "A", Conceptual Master Plan, Impact fee credits shall be provided to
the developer in accordance with Ordinance Number 01-13, as amended, if
authorized. The corridor area shall be determined by the developer during the plat
or site development review process, as may be applicable. The developer shall
have no responsibility to construct said roadway. The requirements of the LDC
governing dedications by developers as part of the PUD rezoning process apply to
this contribution. The instrument of conveyance shall provide for the vacation
and/or abandonment of said easement if alternative access to Oil Well Road is
obtained from outside of the project boundary.
1. The existing 90:1:: acre lake (described as Parcel II in the legal description,
Exhibit "B", shall be donated to Collier County no earlier than two years
after the date of approval for this MPUD, unless the County requests title
transfer at an earlier date. A minimum written notice of 90 days shall be
given to the developer of the County's intent to obtain title to the subject
lake. Within 60 days of the written request from Collier County, the
developer shall provide to the County an attorney's opinion oftitle, which
also identifies all parties holding liens against the lake tract, and hard
copies of said liens against the property and within 90 days of the
aforesaid written request from Collier County, the developer shall convey
the lake to Collier County, by warranty deed, made free of all judgment
and/or mortgage liens by the execution of such releases, subordinations, or
satisfactions as may be necessary to accomplish same. The developer
shall retain a perpetual drainage and irrigation easement in, on, under and
over the lake for the benefit of the entire MPUD, and for all of the
properties and property owners within the MPUD, for which reservation
and use rights will be contained in the deed.
G:\Bellows\AR-4150. Orange Blossom Ranch\PUD (J 1-19-04) C1ean.doc
6-7
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Q. GRADY MINOR & ASSOCIATES, P.A..
Ovil Engineers · Land Surveyors · Planners
Agenda Item No. 16A 10
December 12, 2006
Page 43 of 46
Q. GRADY MINOR. P.P-
MARK W. MINOR. P.B.
C. DEAN SMITH. P.E.
. DAVlDW. SCHMIIT, P.E.
MICHAELJ. DELATE, P.E.
NORMAN 1. TREBILCOCK. A.LC.P., P.E.
MA'JiHEW 1. HERMANSON,P.E.
D. WA'tNEARNOID,A.LC.P.
ROBERT "'BOB" niINNES, A.LC.P.
mOMAS JACI<S)N GARRIS, P .s.M.
STBVB BURGESS, P S.M.
ALAN V. ROSEMAN..
LEGAL DESCRIPTION
ORANGE BLOSSOM RANCH PUD
(ORA WING t# B-2309-2B)
THR.EE PARCELS OF LAND LOCATED IN SECTIONS 13 AND 14, TOWNSHIP 48 SOum. RANGE 27 BAST, AND
SECTION 19, TOWNSHlP 48 SOtrIH, RANGE 28 EAST. COlLIElt.COtmIY, FLORIDA BEING MORE PARTICULARLY
DESCRlBED AS FOlLOWS:
PARCEL I
COMMENCE AT TIlE SOUTHEAST CORNER. OF SECTION 13, TOWNSHIP 48 SOum.. RANGE 27 EAST, COLLIER
COUNTY, FLORIDA; THENCE RUN soum 88050'06" WEST, ALONG TIlE soum LINE OF nIB SOUTHEAST QUARTER
OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HERBINAFl'ER REFERRED TO AS POlNT "A";
'IHENCE RUN NORm 00030'11" WEST FOR A DISTANCE OF 50.Q1 FEET TO A POINT ON 1HE NORm RIGlIT OF WAY
LINE OF OIL WELL ROAD (C.R.8S8) AND THE. POINT OF' BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED: lHENCE RUN SOUTII 88050'OS" WEST, ALONG SAID NORm RIGHT OF WAY LINE FOR A DISTANCE OF
2,677.95 FEET; TIIENCE RUN soum 891>35'35" WEST. ALONG SAID NORm RIGHT OF WAY LINB FOR A DISTANCE OF
1,051.57 FEET TO A POINT ON TIlE EAST LINE OF A 150 FEET WIDE NORm-soum DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 1433 ATPAGBS 509 THROUGH 517 OF TIlE PUBUC RECORDS OF COlLIER
COUNTY, FLORIDA; THENCE RUN NORm oo029'4(i" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91
FEET TO A POINT HERElNAFIER R.EFERED TO AS POINT "B", TIlE SAME BEING A POINT ON TIlE SOUIll LINE OF A
150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF
TIlE PUBIlC RECORDS OF COUJBR COUNIY, FLORIDA; mENCE RUN NORm 89033'04" EAST. ALONG SAID SOUm:
LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON TIlE WEST LINE OF NORm GOLDEN GATE CANA.L, (AN 80
FOOT WIDE RIGHT OF WAY); TIlENCE RUN SOUlH 00029'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF
4,141.20 FEET TO TIffi POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387
ACRES, MORE OR LESS.
TOGETHER WITH
PARCEL n
COMMENq: AT THE HEREINABOVE DESCRlBED POINT "8" THE SAME BEING urn NORTHEAST CORNER. OF A 150
FOOT WIDE NORm-soum DRAINAGE EASEMENTRECORDBD IN OFFICIAL RECORD BOOK 1433 AT PAGES 509
11iROUGH 517 OF TIlE PUBUC RECORDS OF COLLIER COUNTY. FLORIDA; nmNCE RUN SOUTIl89033'04. WEST,
ALONG THE NORm LINE OF SAID NORm-soum DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEE'TTO TIlE
POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIiENCE RUN soum 00029'46" FAST,
ALONG THE WEST LINE OF SAID NORm-sourn DRAINAGE EASEMENT FOR A DISTANCE OF 1.820.00 FEET;
TIlENCE RUN soum 89033'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON TIlE WEST LINE OF
SECTION 13, TOWNSHIP 48 SOUm. RANGE 27 BAST. COu.IER COUNTY, FLORIDA; nmNCE CONTINUE soum
89033'05" WEST FOR A DISTANCE OF 1,018.80 FEET; TIIENCE RUN NORTH 00029'30" WEST FOR A DISTANCE OF
1,427.55 FEET TO A POINT ON mE SoUTIIERL Y LINE OF A ISO FOOT WIDE CANAL MAINTENANCE EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COlLlER COUNTY,
FLORIDA; THENCE RUN NORTII 74032'31" EAST, ALONG SAID SOUIHERL Y LINE FOR A DISTANCE OF 1,063.68 FEET
(239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradyminor.com
3800 VIa Del Rey . Bonita Springs, Florida 34134-7569 · EB/LB 0005151
SHEET 1 OF 4
...---,.-- ---..'
Q. GRADY MINOR & ASSOCIATES, P.A.
Ovil Engineers · Land Surveyors · Planners
Agenda Item No. 16A 10
December 12, 2006
Page 44 of 46
Q. GRADY MINOR, P.E.
MARK W. MINOR. P.E.
C. DEAN 5MlTH. P.E..
DAVID W. SOiMIIT, P.E.
MICHAEL J. OBLATE, P.E..
NORMAN J. TREBILCOCK.A.lC.P.. P.E..
MATrnEW J. HERMANsON, P.E..
D. WAYNBARNOLD, A.Lc.F.
ROBBRr "BOB" lliINNES, A.!.C.P.
mOMAS JACKSON GARRIS, P .s.M.
STEVE BURGESS, PS.M
ALAN V. ROSEMAN..
TO A POINT ON 1HE WEST LINE OF SAID SECTION 13; TIlENCE CONTINUE NORm 74032'31" EAST, ALONG SAID
SOUI'HERLY LINE FOR A DISTANCE OF 451.69 FEET; lHENCE RUN NORTII 89033'Q41t EAST, ALONG SAID
SOtrrHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO lBE POINT OF BEGINNING OF 1HE PARCEL OF LAND
HEREIN DESCRIBED, CONTAlNING 97.113 ACRES, MORE OR LESS. . .
TOGETHER WITH
PARCEL ill
COMMEN~ AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE RUN SOU1lI 00024'51" EAST FOR A
DISTANCE OF 50.01 FEET TO A POINT ON THE SOum: RIGHT OF WAY LINE OF.On. WELL ROAD (C.R-8S8), THE
SAME BmNG A POINT ON 'IHE WEST LINE OF NORm GOLDEN GATE CANAL, (AN 80 FOOT WIDE RlGIIT OF WAY)
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HERElNDESCRIBED THENCE RUN SOlTIH 00029'18"
EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON 'IHE EAST LINE OF SECIlON 24,
TOWNSHIP 48 SOum:, RANGE 27 EAST, COlLIER. COUNtY, FLORIDA; nmNCE CONI'INUE SOUTH 00029'18- EAST,
ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; 'IBENCE RUN SOUTH 89030'46" WEST FOR A
DISTANCE OF 4.33 FEET TO A POINT ON 1HE EAST lJNB OF SAID SECIlON 24; THENCE CONI1NUE soum 89030'46"
WEST FORA DISTANCE OF 395.66 FEET;; THENCE RUN NORm 58031'29" WEST FOR A DISTANCE OF 1,010.00 FEET;
'IHENCE RUN NORm 88017'01" WEST FOR A DISTANCE OF 645.91 FEET; THENCE RUN SOUlH 81045'31" WEST FOR A
DISTANCE OF 230.00 FEET; lHENCE RUN NORm 47005'10. WEST FOR A DISTANCE OF 686.83 FEET; TIIENCE RUN
NORm 31 "29'29" WEST FOR A DISTANCE OF 300.00 FEET; THENCE RUN NORm 50"28'29" WEST FOR A DISTANCE OF
630.00 FEET; THENCE RUN NORm 39058'29" WEST FOR A DlSTANCE OF 255.00 FEET; 'TIIENCE RUN NORTII 00024'25"
WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON nIB soum RIGHT OF WAY LINE OF on... WElL ROAD
(C.R.SS8); nmNCE RUN NORlH 89<>35'36" EAST, ALONG SAID soum RIGHT OF WAY LINE, FOR A DISTANCE OF
749.99 FEET; lHENCE RUN NORm 88050'07" EAST, ALONG SAID SQUIll RIGHT OF WAY LINE, FOR A DISTANCE OF
2,677.38 FEET TO 1HE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONfAINING 162.431
ACRES, MORE OR LESS.
. NOTES:
1. BEARINGS SHOWN HEREON REFER TO TIlE soum LINE OF 1HE SOUlHWEST 1/4 OF SECl10N 13,
TOWNSHIP 48 SOUIll, RANGE 27 EAST, COll.IER COUNTY, FLORIDA, AS BEING S 89035'35" W.
2. TInS PROPERTY IS SUBJECT 10 EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD.
3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
sraJ;:CcI
: 1u.4tb.:JsQ.
moMAS JA: ON GARRIS
. P.S.M. #3741
STATE OF FLORIDA
(239) 947-1144 - FAX (239) 947-0375. E-Mail: engineering@gradyminor.com
3800 Via Del Rey. Bonita Springs, Florida 34134-7569. EB/LB 0005151
SHEET 2 OF 4
"
EXHIBIT "C"
PROPERlY OWNERSHIP
Folio Number
00209961102 Bryan W. Paul, Family Limited PartnerShiP
00209961S00 Bryan W. Paul, Family Limited Partnership
00210042007 Bryan W. Paul, Family Limited Partnership
002106S0004 Bryan W. Paul, Family Limited Partnership
00210660201 Bryan W. Paul, Family Limited Partnership
00210660104 Bryan W. Paul, Family Limited Partnership
00210660007 Bryan W. Paul, Family Limited Partnership
Bryan W. Paul
Bryan W. Paul, Family Limited Partnership
Bryan W. Paul
Bryan Paul, Incorporated
Bryan W. Paul
F:\1OB\ORANGB BLOSSOM RANCll\PUD\BXHlBIT C.doc
.._---~-_.-..._.-.~,.-....
Agenda Item No. 16A10
December 12, 2006
Page 45 of 46
Agenda Item No. 16A 10
December 12, 2006
Page 46 of 46
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 2004-74
Which was adopted by the Board of County Commissioners
on the 16th day of November 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of November, 2004.
. "
DWIGHT E. BROCK, ..:..:;::ifW · pt,.: ":.
. \ . ..... ,", ,
Clerk of Courts - aI1a t:l~.riK:.. "
Ex-officio to 'Bc;.~'~a' of '..~?'.
. :. .'.1 . ..... . .....
County COCE~~~DCPrJt
~ ':;,'." .;....:~:>.. ..',~ ..
. . ...v.....
: Heidi R. R~~'~~ald('':'",;,' .-
Deputy Cler)fJ13j."
Agenda Item No. 1681
December 12, 2006
Page 1 of 13
--
EXECUTIVE SUMMARY
Approve the purchase of 5.15 acres of improved property of which a portion is
required for road right of way for the Vanderbilt Beach Road extension project.
Project No. 60168 (fiscal impact: $851,730.00)
OBJECTIVE: Obtain the Board of County Commissioners approval to purchase improved
property, a part of which is required for the Vanderbilt Beach Road Extension Project.
CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners approved
Resolution No. 2006-142 authorizing the acquisition by gift or purchase of property required for
the construction of roadway, drainage and utility improvements to Vanderbilt Beach Road
Extension (Project No. 60168) between Collier Boulevard and Wilson Boulevard.
.-
The subject property is a 2,973 square foot (under air), single-family residence sitting on 5.15
acres. The total square footage of the residence (including garage) is 3,360 square feet. It is
described as Tract 133, Unit 19, Golden Gate Estates, and is located at the southwest corner of
the planned Vanderbilt Beach Road Extension and Wilson Boulevard. The County requires
right-of-way along the northern property boundary for the Vanderbilt Beach Road Extension
mainline roadway and along the eastern property boundary as well, for intersection
improvements at Wilson Boulevard. The proposed roadway improvements would run directly
through the residence located on the property, thereby eliminating a large percentage of the
home's square footage and damaging the remaining improvements in their entirety.
Fortunately, the property owners desire to sell their entire property to the county, rather than
redevelop on the remaining land. Staff believes that this is in the county's best interest from an
access management and long rang planning standpoint. The property owners chose to negotiate
in good faith with the county directly and dismissed the attorney they had previously hired to
represent them. Negotiations with the property owners were prolonged and emotional (for
them). Not only had they just moved here a year and a half ago from Boston after purchasing
this home, but they were not aware of proposed road project. Having no attorney fees or expert
witness costs, staff was able to give the owner's every benefit of the doubt as to the total
purchase price.
Two independent real estate appraisals were perfonned on the property. The first appraisal dated
August 23, 2006, valued the property at $830,000.00. The second appraisal, dated September
18,2006, valued the property at $790,000.00. Without the burden of extra fees and costs, it was
staff's intention to recommend to the Board the purchase of the property at the higher valued
appraisal and add an additional payment of $15,000.00 for relocation and miscellaneous costs
resulting in an agreed purchase price of $845,000.00.
In the context of a forced sale, under the eventual threat of condemnation as in the instant case,
the real estate appraiser's estimate of market value is merely a tool to assist buyer and seller in
,-. negotiating a fair price for the loss of the property. Consider that several of the key components
of the definition of "market value" do not exist in this context: (1) the owner is not necessarily
Agenda Item No. 16B 1
December 12, 2006
Page 2 of 13
--
(and usually is not) a willing seller; (2) there are no substitute properties that might satisfy the
buyer's needs; (3) the owner has been denied the option of placing the property on the market so
that it might bring the highest possible price (as opposed to market value) "most probable" price;
and (4) both parties to the transaction are under duress, or an undue stimulus to act.
In consideration of all these factors, staff recommends the purchase of this property for
$845,000.00.
FISCAL IMPACT: Funds in the amount of $851,730.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $845,000.00
purchase price, $4,730.00 for the approximate cost of title insurance, closing fees and recording
fees, and $2,000.00 for the cost of a home inspection.) Source of funds are Gas Taxes and
Impact Fees.
GROWTH MANAGEMENT IMP ACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
,-
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager
or his designee to record same in the public records of Collier County, Florida;
5. Approve any and all budget amendments required; and
6. Authorize the County Manager or his designee to explore options for the interim use and then
the eventual salvage and demolition of the subject property.
Prepared by: Debbie Armstrong, Senior Property Acquisition Specialist, Transportation
Engineering & Construction Management Department
Attachment: Purchase Agreement
,,--.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1681
Decemoer 12, 2006
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B1
Approve the purchase of 5.15 acres of Improved property of which a portion is reqUIred for
road "ght of way ror the Vanderbilt Beach Road extension project Project No 60168 (fiscal
Impact: $851,730.00)
12112/2006900:00 AM
Property Acquisition Specialist
Oal.
Prepared By
Debbie Armstrong
Transportation Services
TECM-ROW
11121/20062:01 :24 PM
Approved By
ManagemenUBudget Analyst
Date
Lisa Taylor
Transportation Services
Transportation Administration
11121/20062:50 PM
Date
Approved By
Kevin H. Dugan
Transportation Services
Project Manager
Transportation Engineering and
Construction
1112712006 10:44 AM
Right Of WilY Acquisition Manager
Oat.
Approved By
Kevin Hendricks
Transportation Senrices
TECM-ROW
11127/20065:38 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services Admin
11/28/20062:27 PM
Approved By
Transportation Division Administrator
Date
Transportation Services
Norm E. Feder, AICP
Transportation Services
Transportation Services Admin.
11/28120062:37 PM
Date
Approved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
11129/2006 8:49 AM
Approved By
Executive Secretary
Date
Pat Lohnhard
Transportation Services
Transportation Services Admin
11129120069:46 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of ManBgement & Budget
11/29120061 :02 PM
Approved By
Facilities Management Director
Date
Skip Camp, C.F.M.
Administrative Services
Facilities Management
11/29/20065:10 PM
Approved By
Senior Management/Budget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
12/1/200612:22 PM
Management & Budget Director
Date
App roved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
121412006 9:01 AM
Approved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/4120067:13 PM
Agenda Item No. 16B1
December 12, 2006
Page 4 of 13
Project: Vanderbilt Beach Rd. Extn. #60168
Parcel: 241
Folio: 37549480002
PURCHASE AGREEMENT
(For Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this day of
, 2006, by and between BERNARD J. GOODMAN, JR. AND
CATHERINE M. GOODMAN, husband and wife, whose mailing address is 1081 Wilson
Blvd. N.. Naples. FL 34120-4001 (hereinafter referred to as .Seller"), and Collier
County, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, SeUer has agreed to sell and Purchaser has agreed to buy a certain parcel
of improved real property, more particularly described as:
Tract 133, Golden Gate Estates, Unit No. 19, according to the plat thereof
recorded in Plat Book 7, Pages 77 and 78, of the Public Records of Collier
County, Florida.
together with all buildings, structures and improvements, fixtures, built-in appliances,
refrigerator, stove, dishwasher, washer, dryer, ceiling fans, wall-to-wall carpeting, and
window coverings (hereinafter referred to as "Property"), free from liens, UPON THE
TERMS AND CONDITIONS WHICH FOLLOW.
NOW THEREFORE. in consideration of these premises. the sum of Ten Dollars
($10.00). and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall seU to Purchaser and Purchaser shall purchase from Seller the
Property.
The following ite~!lf specifically excluded from this Agreement:
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $845,000.00 (U.S.
Currency) payable at time of closing. None of this Purchase Price is attributed to any
personal property,
3. CLOSING AND POSSESSION
A. 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 but not later than February
12, 2007 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. Purchaser shall be entitled to
possession as of closing. Seller shall leave the dwelling on the Property in broom-
clean condition, and the entire Property free of debris.
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At or before the Closing, the Seller shall cause to be delivered to the Purchaser
Agenda Item No. 16B1
December 12, 2006
Page 5 of 13
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
1. Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" 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.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
5. Such evidence of authority and capacity of Seller and its
representatives to execute and deliver this agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1. A negotiable instrument in an amount equal to Net Cash to Seller on
the Closing Statement. 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 "Requirements and Conditions" below, 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.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. 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 Poficy, issued pursuant to the Commitment provided for in Article 7,
"Requirements and Conditions" below, shall be paid by Purchaser. The cost of the
title commitment shall also be paid by Purchaser.
E. 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.
4. PROPERTY CONDITION DISCLOSURES
A. General. Seller represents that Seller knows of no facts or conditions
materially affecting the value of the Property, except those which are readily
Agreement for Purchase (For Improved Property)
Page No. 2
Agenda Item No. 16B 1
December 12, 2006
Page 6 of 13
observable by Purchaser, or which have not been disclosed to Purchaser by Seller
in writing and furnished to Purchaser prior to the effective date of this Agreement.
B. Radon Gas. Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property.
C. Lead Based Paint/Paint Hazards. If construction of the residence on the
Property was commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D. Mold. Molds are commonly found both indoors and outdoors. Interior
infestation by certain molds may cause property damage and health problems for
some persons. Seller has no knowledge of any mold remediation having been
performed on the Property.
E. Warranty. Except as to any facts or conditions disclosed to Purchaser as
required under Section 4.A. above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and
soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa
deck; seawalls; docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipmenf') are in Working
Condition. "Working Condition" shall mean operating in a manner in which the
Systems and Equipment were designed to operate. The roof, ceiling, interior and
exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls
and docks. if any, shall be considered in Working Condition if structurally sound.
Seller shall not be required to repair or replace any Cosmetic Condition.
"Cosmetic Condition" shall mean an aesthetic imperfection which does not affect
the Working Condition of the item, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches, dents; chips; caulking; pitted pool surfaces; minor
cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long as there is no evidence of structural damage or leakage.
S. INSPECTIONS
A. Inspection Period. Purchaser shall have 30 days from the Effective date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, and/or (c) lead-
based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or
(d) termites or other wood-destroying organisms, by a certified pest control
operator (collectively the "Inspection Items"), Upon reasonable notice, Seller shall
provide access and utilities service to the Property to facilitate in inspections.
B. Election and Response. If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
and/or (2) the presence of radon gas at a level in excess of EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, and/or (4) the existence of active infestation by
termites or other wood-destroying organisms and/or visible damage caused by
Agreement for Purchase (For Improved Property)
Page No. 3
Agenda Item No. 1681
December 12, 2006
Page 7 of 13
active or past infestation (collectively the "Defective Inspection Items"), Purchaser
shall, within 15 days after expiration of the Inspection Period: (a) notify Seller of
any Defective Inspection Items, and (b) furnish to Seller a copy of the inspection
report(s) documenting the Defective Inspection Items, and (c) notify Seller of
Purchaser's election either to: (i) receive a credit from Seller at closing in lieu of
any repairs, replacements, treatment, mitigation or other remedial action
necessary to bring the Defective Inspection Items into compliance with the relevant
standards set forth above (the "Remedial Action"), or (ii) have Seller take Remedial
Action at seller's expense prior to closing. If Purchaser elects to receive a credit,
the amount of the credit shall be equivalent to the estimated costs of any
Remedial Action and shall be determined not later than the earlier of Seller's
Response Deadline, or 10 days prior to the Closing. If Purchaser elects (i), Seller
shall not be required to take any Remedial Action. If Purchaser makes no
election, Purchaser shall be deemed to have elected to receive a credit at closing.
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever is requested by Purchaser. If Seller refuses
Purchaser's election by the Seller's Response Deadline, then Purchaser may
terminate this Agreement within 10 days of Seller's Response Deadline. If
Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to
have accepted the Property in the condition it existed on the effective date, except
that Purchaser retains the rights set forth in Section 5.G., (Walk Through
Inspection) below. If Seller fails to respond by the Seller's Response deadline,
Seller shall be deemed to have refused Purchaser's election and Purchaser may
terminate this Agreement as set forth above.
D. If Purchaser does not have the Inspection Items inspected, or fails to do so
within the Inspection Period, or fails to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted the Property in the
condition it existed on the effective date, except that Purchaser retains the rights
set forth in Section 5.G. (Walk Through Inspection) below.
E. Remedial Action shall be deemed to have been properly performed if (1) the
Systems and Equipment are placed in Working condition (as defined above), (2)
radon gas within the residence on the Property is reduced to below EPA action
levels, (3) lead-based paint and paint hazards on the Property are removed or
contained in accordance with HUD/EPA guidelines, and (4) any active infestation
of termites or other wood-destroying organisms is exterminated or treated, and all
visible damage caused by active or past infestation is repaired or replaced. Seller
shall make a diligent effort to perform and complete all Remedial Action prior to
the Closing Date, failing which a sum equivalent to 200% of the estimated costs of
completing the Remedial Action shall be paid by Seller into escrow at Closing
pending completion.
F. No cost to repair or replace any Systems and Equipment shall exceed the fair
market value of that item if it were in Working Condition. If the costs do exceed
fair market value, than either Seller or Purchaser may elect to pay such excess,
failing which, either party may terminate this Agreement upon written notice.
G. Walk-Through Inspection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) completion of any Remedial Action agreed to by Seller
in Section 5.B "Election and Response" above, (2) that the personal property items
which are being conveyed as part of this Agreement remain on the Property, (3)
that the personal property items which are not being conveyed as part of this
Agreement have been removed from the Property, and (4) that Seller has
maintained the Property as required in Articles 3 and 6. Upon reasonable notice,
Seller shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
Agreement for Purchase (For Improved Property)R
Page NO.4
Agenda Item No. 1681
December 12, 2006
Page 8 of 13
6. RISK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery,
and landscaping) in the condition existing on the effective date until the closing or
date of possession, whichever is earlier, except for ordinary wear and tear and any
Remedial Action agreed to by Seller under Section 5.8. above. Any future loss
and/or damage to the Property between the effective date and the Closing or date
of possession, whichever is earlier, shall be at Seller's sole risk and expense.
Seller shall maintain adequate casualty insurance on all improvements on the
Property until disbursement of funds at Closing.
7. REQUIREMENTS AND CONDITIONS
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:
A. Within thirty (30) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL T A Form 8-1970) 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.
B. 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 title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection; or Purchaser may terminate the Agreement.
C. 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. Purchaser shall have sixty (60) days from the
effective date of this Agreement to notify Seller in writing 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 sixty (60) days, 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.
Agreement for Purchase (For Improved Property)
Page No.5
Agenda Item No. 16B 1
Oecember 12, 2006
Page 9 of 13
8. APPRAISAL PERIOD
Seller acknowledges that if the agreed Purchase Price stated in Article 2 exceeds the
average of two (2) appraisals, if obtained, the Purchaser is required to approve the
purchase by an extraordinary vote (4 out of 5 vote) of the Board of County
Commissioners, of Collier County Florida, at a duly-noticed public meeting. If such vote
is not obtained, then this Agreement shall terminate without further recourse to Seller.
9. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within fifteen (15) 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.
B. 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 Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser.
whereupon one-half of one percent (0.5%) of the purchase price 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
Article 12, 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.
C. 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.
10. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller and Purchaser represent and warrant the following:
A. 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.
B. Seller has full right, power, and authority to own and ,operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
C. The warranties set forth in this paragraph shall be true on the Effective 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.
Agreement for Purchase (For Improved Property)
Page No.6
Agenda Item No. 16B1
December 12, 2006
Page 10 of 13
D. 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
govemmental instrumentality that relate to this agreement or any other property
that could, IT continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
E. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
F. 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.
G. 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 the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the operation
of the Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that they have (it has) no knowledge that there is ground
water contamination on the Property or potential of ground water contamination
from neighboring properties. Seller represents no storage tanks for gasoline or
any other hazardous substances are or were located on the Property at any time
during or prior to Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
H. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
I. 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.
J. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefor, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects
the Property or which adversely affects Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the effective date of this Agreement.
K. 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
Agreement for Purchase (For Improved Property)
Page No.7
Agenda Item No. 1681
December 12, 2006
Page 11 of 13
any act or omit to perform any act which would ohange 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.
L. 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.
M. 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. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
N. 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.
11. NOTICES
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 registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks, Right-of-Way Acquisition Section
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-774-5874
Fax 239-213-5885
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
Bernard J. Goodman Jr. and
Catherine M. Goodman
1081 Wilson Blvd. N.
Naples, FL 34120-4001
Telephone 239-352-6994
The addressees, addresses and numbers for the purpose of this Section may be
changed by either party by giving written notice of such change to the other party in the
Agreement lor Purchase (For Improved Property)
Page No.8
Agenda Item No. 16B 1
December 12, 2006
Page 12 of 13
manner provided herein. For the purpose of changing such addressees, addresses and
numbers only, unless and until such written notice is received, the last addressee and
respective address stated harein shall be deemed to continue in effect for all purposes.
Notice shall be deemed given in compliance with this Article upon receipt of automated
fax confirmation or upon on the fifth day after the receipt of certified or registered mail
has been postmarked.
12. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller.
Seller shall indemnify Purchaser 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.
13. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
8. This Agreement and the terms and provisions hereof shall be effective as of the
Effective date 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.)
Agreement for Purchase (For Improved Property)
Page No.9
Agenda Item No. 16B 1
December 12, 2006
Page 13 of 13
J. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
K. This Agreement will be effective as of the date of execution of this Agreement by
the last signing party.
L. This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and there are no promises, representations, warranties or
covenants by or between the parties not included in this Agreement. 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 to this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO SELLER:
DATED: t/- d./ - ()(.&'
W1TN~~ .-----
(Signature)
LL..\(foC-O ~~\.J
(Pnnted Name)
gJ Nit!wp,< (AM ~
J(nY\I~,? K. l-ti~\ (
(Pnnted Name)
...-::::-
BY ~?1t. ~
)?!AT INE M. GOOOMA ~
Ll,\~ JVV\\t~
(Print Name)
qQ~~UJejj7
(Si ure)
~nr1;h Jr. /L!h 'p t,.v( I ,
(Printed Name)
Approved as to form and
legal sufficiency:
.-b~ d7 d ~L,_
Ellen T. Chadwell
Assistant County Attorney
Agreement for Purchase (For Improved Property)
Page No. 10
Agenda Item No. 16B2
December 12, 2006
Page 1 of 13
,-
EXECUTIVE SUMMARY
Recommendation to approve the Amended and Restated Agreement for Haldeman Creek
Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company.
OBJECTIVE: To obtain Board of County Commissioners (BCe) approval of the Agreement
for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, a Florida Limited Liability
Company substantially in the form attached.
CONSIDERATIONS: The original Agreement for Haldeman Creek Disposal, with Lakeview
Drive of Naples, LCC, was Amended and Restated on September 13, 2005 and a First
Amendment was effective on July 25, 2006. The selection of a disposal site is important to the
viability of the Haldeman Creek project. Considerations in selecting disposal sites include
environmental impacts, pollutant potential, sediment contamination, and disposal site capacity.
A developer (Antaramian Development Corporation) that has property adjacent to the Creek
approached the County regarding the use of some of the dredge material. The location of the
potential site lies south of the main channel and offers several acres of land for disposal.
,-
The maintenance dredging project began in July of 2006. The project was scheduled to be
completed by January 1, 2007. Due to unforeseen issues with cap rock a time extension to
continue using the spoil disposal site is requested.
FISCAL IMP ACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the agreement for
Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, substantially the form attached
to the Executive Summary and authorize its Chairman to sign for the Board.
Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division,
Stormwater Management Department
Attachment: (1) Agreement
----
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B2
December 12, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation to approve the Amended and Restated Agreement for Haldeman Creek
Disposal with Lakevlew Dnve of Naples. LCC, a Florida Limited Company
12/12/2006 9:00:00 AM
Project Manager
Date
Approved By
Margaret A. Bishop
Transportation Services
Stormwater Management
11/271200610:51 AM
Senior Planner
Date
Approved By
Lisa Hendrickson
Transportation Services
Alternative Transportation Modes
1112712006 11 :35 AM
Date
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
11127120061 :31 PM
Transportation Division Administrator
Date
Approved By
Norm E, Feder, AICP
Transportation Services
Transportation Services Admin.
11/28/200611:18 AM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
11/28120062:50 PM
Assistant County Attorney
Date
Approved By
Heidi F. Ashton
County Attorney
County Attorney Office
11/29/200610:39 AM
Executive Secretary
Date
Approved By
Pat Lehnhard
Transportation Services
Transportation Services Admin
11129120063:30 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1113012006 8:48 AM
Approved By
Senior Management/Budget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
12/112006 2:55 PM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of Management & Budget
12/41200610:56 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commis$loners
County Manager"s Office
12/412000 7:42 PM
Agenda Item No. 16B2
December 12, 2006
Page 3 of 13
AMENDED AND REST A TED AGREEMENT
FOR HALDEMAN CREEK DISPOSAL
THIS A1vlENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK
DISPOSAL ("Agreement") is made and entered into this _ day of
,2006,
by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County," and LAKEVIEW DRIVE OF NAPLES, LLC, a Florida Limited
Liability Company, hereinafter referred to as "Lakeview."
RECITALS:
WHEREAS, the County desires to perform maintenance dredging to improve navigation
and increase stormwater conveyance capacity in portions of Haldeman Creek, as described in the
County's dredge plan attached hereto as Exhibit A ("the Dredge Project"); and
WHEREAS, the County has determined that the Dredge Project is feasible; and
WHEREAS, the County, as part of its pennitting of the Dredge Project, needs a disposal
site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and
WHEREAS, Lakeview owns an undeveloped ll-acre site ("the Property"), part of which
(approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the
remainder of which (approximately 14 acres) is uplands adjacent to Haldeman Creek; and
WHEREAS, the County will realize a considerable cost savings to the Dredge Project if
the 14-acre upland portion of the Property is utilized as a temporary disposal site for the Spoil;
and
WHEREAS, Lakeview intends to develop the 14-acre upland portion of the Property
with a total of 51 dwelling units (with associated dock slips), as illustrated by the Site
Development Plan ( DP-AR -4596) submitted to the County by Lakeview; and
1
Agenda Item No. 16B2
December 12, 2006
Page 4 of 13
WHEREAS, Lakeview has agreed to the County's use of the 14-acre upland portion (the
"Disposal Site") of its Property for the Dredge Project for a period of no more than 19 months,
subject to the terms of this Agreement and the County's Disposal Site Plan attached hereto as
Exhibit B ~ and
WHEREAS, the parties do not intend that this Agreement convey any easement or other
property interest in Lakeview's Property; rather, the parties intend that this Agreement convey a
temporary irrevocable license, personal to the County, to use the Disposal Site in accordance
with the terms of this Agreement; and
WHEREAS, the parties entered into the original Agreement for Haldeman Creek
Disposal on or about July 27, 2004: and
WHEREAS, the parties entered into an Amended and Restated Agreement dated
September 13,2005. and a First Amendment effective on July 25,2006; and
WHEREAS, the parties desire to amend and restate said agreement in accordance with the
provisions set forth herein.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. RECIT ALS. The above recitals are true and correct and incorporated herein.
2. CONDITIONS OF AGREEMENT.
a. Before placing any Spoil on the Disposal Site, the County shall obtain all
permits required for the Dredge Project from the responsible state and federal agencies, and be
solely responsible for any mitigation required by said permits. The County shall comply with all
conditions placed on the issued permits. Lakeview agrees to cooperate with the County in its
efforts to obtain the required permits.
2
Agenda Item No. 16B2
December 12, 2006
Page 5 of 13
b. Lakeview agrees that the County may place the Spoil from the Dredge
Project on the Disposal Site, in accordance with the terms of this Agreement and the County's
Disposal Site Plan attached hereto as Exhibit B, for a period of no more than 19 months,
beginning on August I, 2005 and ending on March 1, 2007.
c. Under no circumstances shall the County be permitted to place Spoil from
the Dredge Project on the Disposal Site after March 1. 2007.
d. Lakeview's agreement to allow the County to use the Disposal Site for the
placement of Spoil from the Dredge Project is predicated upon Lakeview's currently proposed
site plan for the Property. Accordingly, the County may not use the Disposal Site for the
placement of Spoil until the County conditionally approves SDP-AR-4596, subject to
Lakeview's obtaining State and federal agency permits. The term "conditionalIy approves" shall
mean approval is subject to owner obtaining all required permits from other governmental
agencies and it does not mean that the County will impose additional conditions related to
County promulgated regulations.
e. Upon execution of this Agreement. Lakeview agrees to provide any letters
or documentation requested by the Florida Department of Environmental Protection and federal
reviewing agencies to allow the County to obtain its permits for the Dredge Project.
3.
DENSITY CONFIRMATION.
The County acknowledges that Lakeview
enters into this Agreement in reliance upon the County's confirmation that the Property is
eligible for 51 dwelling units.
4. REMOVAL AND PURCHASE OF SPOIL. Subject to Lakeview's option to
purchase set forth herein, the County agrees to remove all Spoil from the Disposal Site and any
contaminants placed on the Disposal Site pursuant to the Dredge Project, at its own cost, on or
3
Agenda Item No. 16B2
December 12, 2006
Page 6 of 13
before April I, 2007. Lakeview shan have the option, at its sole discretion, to purchase up to
35,000 cubic yards of the Spoil from the County. If Lakeview exercises its option to purchase,
the County agrees to leave the requested amount of Spoil on the Disposal Site in locations
specified by Lakeview, andlor deliver the requested amount of the Spoil to 1722 Tamiami Trail
East, Naples. Florida 34112. Lakeview shall pay a severance fee of $2.25 per cubic yard to the
County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at
Lakeview's request. Said severance fee shall be paid within 30 days of delivery of the Spoil.
5. FINAL CONDITION OF DISPOSAL STIE. By April I, 2007. the County shall
ensure that the final condition of the Disposal Site meets the following criteria;
a. all Spoil has been removed from the Disposal Site (unless Lakeview has
directed to leave certain amounts of the Spoil on the Disposal Site pursuant to Paragraph 4);
b. any contaminants placed on the Disposal Site pursuant to the Dredge
Project are removed from the Disposal Site;
c. based on appropriate laboratory soil sample analysis performed by the
County's contractor for the Dredge Project, the highest detected concentration of constituents on
the Disposal Site are below all applicable criteria for soils including Direct Exposure and
Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code
Rule 62-777. The detected concentrations if any, of selected parameters and applicable soil
cleanup criteria in FAC 62-777 must demonstrate that these sediments will not create a
regulatory or human health concern; and
d. no liens related to the Dredge Project have been placed on the Property. If
the County fails to comply with the provisions of this Paragraph 5 by the deadline imposed,
Lakeview shall notify the County in writing and the County shall have an additional sixty (60)
4
Agenda Item No. 16B2
December 12, 2006
Page 7 of 13
days from receipt of the notice to comply with the provisions of this Paragraph 5. If the County
then fails to comply within the 60-day period. then Lakeview shall have the right to bring the
Disposal Site into compliance and the County shall be responsible for all costs and expenses for
doing so.
6.
DREDGE PROJECf COSTS.
Lakeview shall contribute $40,000.00 to the
Dredge Project for Reach 3 dredging and the County shall be responsible for all remaining
Dredge Project costs, including permit costs, mitigation expenses and severance fees (except any
severance fees owed by Lakeview to the County pursuant to Paragraph 4 resulting from the
Dredge Project.
7.
MONITORING.
Initial testing/sampling by the County's consultant(s) has
revealed contamination, including the presence of copper, in the water and submerged bottom
lands of Haldeman Creek. The County shall prepare a test plan to monitor the Spoil, water and
Disposal Site for contaminants, including copper. The test plan shall be submitted to Lakeview
for its approval prior to the County's use of the Disposal Site. The County shall implement the
approved test plan for the areas of known contamination throughout the duration of this
Agreement and shall issue weekly reports of the test plan results to Lakeview while work is
performed in the areas of known contamination. Pinal test results shall be submitted to Lakeview
on or before April 28, 2007. The County shall be responsible for all clean-up costs, fines and
penalties associated with the placement on, and removal of, any contaminants placed on the
Disposal Site pursuant to the Dredge Project.
8. TERMlNATION. This Agreement shall automatically terminate at the earlier
of a) April 1, 2007~ or (b) when the provisions of Paragraph 5 have been satisfied.
9.
PROJECT FUNDING.
The County retains the right to create a municipal
5
Agenda Item No. 16B2
December 12, 2006
Page 8 of 13
taxing district or other source to fund the Dredge Project.
10.
INDEMNIFICATION.
To the extent permitted by law, the County shall
indemnify and hold harmless Lakeview and its successors and assigns for any and all damages or
liabilities incurred by Lakeview and caused by the Dredge Project, including, but not limited to,
damages or liabilities arising from (a) non-compliance with the permits issued for the Dredge
Project, (b) the placement of liens on the Property pursuant to the Dredge Project, (c) the
placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge
Project, and (d) third party injuries related to the Dredge Project.
11. MISCELLANEOUS PROVISIONS.
a. Any and all notices, designations, consents, offers, acceptances. or other
communications provided for herein shall be delivered to Lakeview, attention: Jack Antaramian,
Antaramian Development Corporation, 365 Fifth Avenue South, Suite 201, Naples, Florida
34102; and to George L. Varnadoe, Esq. 821 Fifth Avenue South, Suite 201, Naples, Florida
34102.
b. Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be delivered to the County, attention: County
Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112.
c. This writing embodies the entire agreement and understanding between
tbe parties. No other agreements or understandings, oral or written, exist between the parties.
No alteration, change or modification to the terms of this Agreement shall have any force or
effect unless made in writing and signed by the parties hereto. This agreement shall be governed
and construed in accordance with the laws of the State of Florida. This Agreement may be
executed in each of several copies, each of which may be considered an original.
6
Agenda Item No. 16B2
December 12, 2006
Page 9 of 13
d. Lakeview may not sell, transfer, or assign this Agreement, or any part
hereof, without the written consent of the County, which consent shall not be unreasonably
withheld.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year aforesaid in counterparts, each counterpart to be considered an original.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMlSSIONERS
COLLIER COUNTY, FLORIDA
BY:
DEPUTY CLERK
BY:
Frank Halas, CHAIRMAN
WITNESSES:
LAKEVIEW DRIVE OF NAPLES, LLC
(1)
Signature
Printed Name
(2)
Signature
BY:
ITS:
Printed Name
Approved as to legal form and sufficiency:
~
Heidi F. Ashton, Assistant County Attorney
06-ecm-0052312
7
Agenda Item No. 1682
December 12, 2006
"" Page100f13
. !
Hald~ Creek Resto~tion Project
Proj ec.t Description
Exln"bit A
Ba1de~ Greek located in Collier, County, Florida, serves as an important ~tormwa:te:r
con~eYmce system Md a navigable ~el for boater access to the Gulf of Mexico
(Figuren:- Records indicate that. the Creek ~as originally na't1mll; and through:
development was altered. Modifications to the 1II'f;& include establishing" "finga" canals
to sttpp~rt resige~tia1. boa.t access and. alterations to the alignment of 1:.I:!.e Creek fot
stormwater improv~ents. .
Residents in the ~ 'o~ Hald~ Creek, rep:rescntinf$ mainly waterfront property
. ownCJ:S, requested the c;01mty to initiate a feasibility study to investigate :r:nainterumce
dredging of the existing waterway. IncrCased development and use of the waterway fer
boating, maintenance dredging has be:come necessary to ensure FDper navigation.
Sedim~nt shoalin;g caus~ by s~entation raises the risk of damage to boa.ts and
doCrc:ases the function of the waterway.
With increased deve~opment comes the ~ for ~ood controL The. Creek also serves as
an important role for conveyance of stoxmwater in the area.. The Couilty and South
... Florich Water Managecient District have impleih~ted' ~rovements to ~~ Creek "for
. flood control: 1'his activitY has resulted in an emphasis on the Creek rega:rcling
maintenance of the wate~ays.
Over time sedimeots have built-ui? in the waterway and the accumulation in, the Creek
and in ~e canal systems has reached a level that requires maintenance. NatUIal processes
are llDable. to tlusq out the material. Haldeman Creek has experienced rapid df?Yelopment
over the past ~everal decades. Devel~pment ocCUJ:Ied first o~ the tpa.i:i1 stem o~ the Creek
and then to the adjacent canals. DevelOpment along the maio. stem .of the Creek is a.
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Agenda Item No. 16B2
December 12, 2006
Page 11 of 13
mixture of COIJJ.IQ.ercial and residCnrial. DeVelopment along the a.dj~ent fing~r cim.a1s is
primarily residefitia1 with a feW commeroiai prop. interspersed.
FigUre 1.
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iIaIdeman Creek Restoration Project Location .Maps.
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Agenda Item No. 16B2
December 12, 2006
Page 12 of 13
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The project includes dredging to"a depth of -S.O MLW and -2 MLW east an~ west of
. . . . .
Bayshore Drive, respectively; Design bottom widths of 40 feet and 20 feet fi?r the main
channel and finger canals, respectively. A total voI:ume of approximately 40,000 yd' will
be removed.
Th.e project will involve a combination of hydraDlic and mechanical dredging. The
sediment will be placed on the disposal sito for dewatering. stockpilin,g and transport to
the County Landfill Approximately 101000 yd1 of clem drodgo 800imcnt wilfrnmrin on-
site for use by the property owner.
The County has submitted permit applications with the United States Army Corps of
Engineers (USA-CR). the Florida. Dcparunent of Environmcmtal Protection (FDEP) and
Collier. County. Permits am expected the Fall'2004 and construction is anticipa.t.ed to
begin winter 2004.
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Agenda Item No. 16B3
December 12, 2006
Page 1 of 8
-,
EXECUTIVE SUMMARY
Recommendation that the Board authorize the County Manager, or his designee, to
execute a revised License Agreement between Collier County and individuals or
businesses licensed to practice surveying and mapping in the State of Florida to
anow access to the County's Global Positioning System (GPS) Network for the
purpose of surveying and mapping anowing for a two year (2) contract period and a
twenty dollar ($20.00) monthly access fee per Rover unit to be billed annually at the
rate of $240.00 per Rover unit.
OBJECTIVE: To obtain Board approval for the authorization of the County Manager or
his designee to execute a revised license agreement between Collier County and
individuals or businesses licensed to practice Surveying and Mapping in the State of
Florida to allow access to the County's GPS Network for the purpose of surveying and
mapping. The proposed revised agreement is marginally different from the agreement
previously approved by the Board in that it: (1) provides for a two year term and (2)
payment of a twenty dollar ($20.00) monthly access fee per Rover unit to be billed
annually at the rate of $240.00. A draft form of the proposed agreement is attached.
.-
CONSIDERATION: Collier County operates a GPS Network comprised of several
stationary/permanent GPS receivers strategically installed at various locations throughout
the County. Through the use of the internet and GPS software we are able to centrally
monitor these stations at all times and generate a Real Time Kinematic (RTK) correction.
This correction enables a properly equipped user to obtain Real Time GPS positions on a
centimeter accuracy order. The technology requires the user to have a Survey Quality
GPS Rover with the ability to wirelessly access the internet. The user is then able to
connect to the County's GPS Network, request the RTK message in a user specific
format, and, through on board processing within the user's Rover computes its position.
This position can then be used to generate a variety of survey and mapping data. The
initial application of this program proved successful and the original contracts entered
into will expire effective at the end of December 2006.
FISCAL IMP ACT: The County proposes to collect a twenty dollar ($20.00) monthly
access fee per Rover unit to help fund the maintenance of the Network and its
components in a manner as to facilitate use of the Network by outside parties, which will
be billed annually at the rate of $240.00 per Rover unit. An estimate of revenue
anticipated from this fee based on current usage of thirty individual Rover units for the
two year contract period is $14,400.00.
..--
GROWTH MANAGEMENT IMP ACT: Allowing public access to this Network
stands to benefit the end user by allowing them the ability to more easily generate Survey
and Mapping Quality GPS data tied to the National Geodetic Survey's Horizontal and
Vertical datum (i.e. State Plane Coordinates and the North American Vertical Datum).
This stands to facilitate compliance with the County's Land Development Code
requirements for electronic submittals to be referenced to State Plane Coordinates.
Agenda Item No. 16B3
December 12, 2006
Page 2 of 8
RECOMMENDATION: That the Board of COWlty Commissioners authorize the
County Manager or his designee~ to execute the proposed revised license agreement
between Collier County and individuals or businesses licensed to practice surveying and
mapping in the State of Florida to allow access to the County's GPS Network for the
purpose of surveying and mapping. which includes a two year contract term and a twenty
dollar ($20.00) monthly access fee per Rover unit to be billed annually at the rate of
$240.00. Each such agreement shall be reviewed and approved for form and legal
sufficiency by the Office of the COWlty Attorney.
Prepared by: Daniel J Regan. PSM
Land Surveyor
Stormwater Management Department
Attachment: Proposed revised License Agreement
---
.~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1683
December 12, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B3
Recommendation that the Board authorIZe the County Manager, or his designee, te execute
a revised License Agreement between Collier County and individuals or businesses licensed
to practice surveYing and mapping in the Slale of Flonda to allow access to the Countys
Global Positioning System (GPS) Network for the purpose of surveying and mapping allowing
for a two year (21 contract pariod and a twenty dollar ($20.00) per monti"", rover access fee.
12/12/2006 9'00:00 AM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
11/2912006 6:43 PM
Approved By
Dote
Lisa Hendrickson
Transportation Services
Senior Planner
Alternative Transportation Modes
11/30120068:10 AM
Date
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
11/3012006 8: 56 AM
Senior Engineer
Date
Approved By
Gerald Kurtz
Trans-portation Services
Stormwater Management
11/30120069:01 AM
Transportation Division Administrator
Date
Approved By
Norm E Feder, Ale?
Transportation Services
Transportation Services Admin.
11/30120069;18 AM
Roads Maintenance Superintendant
Dote
Approved By
John Vliet
Transportation Services
Road Maintenance
11130120069:24 AM
Executive Secretary
Date
Approved By
Pot Lehnhard
Transportation Services
Transportation Services Admin
1113012006 1 :20 PM
Date
A pp roved By
OMS Coordinator
County M snager's Office
Administrative Assistant
Office of Management & Budget
1113012006 2:21 PM
Approved By
Senior Management/Budget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
1211/200610:48 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
12/412006 1 : 58 PM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
1214120068:24 PM
Agenda Item No. 16B3
December 12, 2006
Page 4 of 8
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this _ day of .200_.
by and between Collier County, a political subdivision of the State of Florida (hereinafter
referred to as the "County") and , whose mailing address,
telephone number, facsimile number and email address is
(hereinafter referred to as the "Licensee").
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers. a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
for a period of two (2) years from the County's date of execution.
Agenda Item No. 16B3
December 12, 2006
Page 5 of 8
1. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shan provide all equipment and software necessary for its
own connection, its own support and own access to any use of the
Network.
2. USE. Subject to the terms, conditions and prohibitions contained
in thi s Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEW AL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee.
c.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
2
Agenda Item No. 16B3
December 12, 2006
Page 6 of 8
way to the use of data or information generated by access to or use of the
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement. and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes.
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSmONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, agrees and acknowledges
that, depending upon the facts and circumstances, data or infonnation
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. The initial monthly rover access
fee shall be twenty dollars ($20.00) per Rover unit and shall be payable annually at the rate of
$240.00 upon submission of this Agreement. This fee will be reevaluated annually and adjusted
based on maintenance costs and updating costs to continue public access to the Network. Any
adjusted fee will be declared prior to annual renewal of this Agreement Licensee agrees it shall
pay any such fee within thirty (30) days after receipt of written notice from tbe County as a
condition for continued access to the Network. Licensee shall and hereby agrees to pay to
County in accordance with all readjusted fees for each annual term of this Agreement.
3
Agenda Item No. 1683
December 12, 2006
Page 7 of 8
IV. PURPOSE AND USE OF NETWORK
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processing.
B.
LICENSEE USE ONL Y. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES ANDTERMlNATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
C.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
4
Agenda Item No. 16B3
December 12, 2006
Page 8 of 8
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apPlised of all relevant information
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Ucensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
WITNESSES:
LICENSEE
Signed Name
Printed Name
Signed Name
Printed Name
BY:
Signed Name
Printed Name
TTI1.B:
DATE:
WITNESSES:
COllIER COUNTY
Signed Name
Printed Name
Signed Name
Printed Name
BY:
TITLE:
DATE:
Approved as to form and legal sufficiency:
Assistant County Attorney
5
Agenda Item No. 16B4
December 12, 2006
Page 1 of 20
~_.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Local
Agency Program Agreement with the Florida Department of Transportation (FDOT) in
which Collier County would be reimbursed up to $405,000 for paved shoulders on
Immokalee Road (CR 846) from north of Platt Road to east of Corkscrew Lane/Sanctuary
Road. (project # 60016)
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FDOT Local Agency Program (LAP) Agreement in the amount of
$405,000 for paved shoulders on Immokalee Road (CR 846) from north of Platt Road to east of
Corkscrew Lane/ Sanctuary Road.
CONSIDERATIONS: The FDOT is willing to enter into a LAP Agreement with Collier
County, wherein FDOT will reimburse Collier County up to the sum of $405,000 for paved
shoulders on Immokalee Road (CR 846) from north of Platt Road to east of Corkscrew
Lane/Sanctuary Road. The ''paved 'shoulders" will improve the safety of this section of
Irnmokalee Road. The construction is scheduled to begin in the Spring of 2008.
__ FISCAL IMPACT: Funds in the amount of $405,000 will be requested in the Transportation
Supported Gas Tax Fund 313, Project 60016, in fiscal year 2008. Upon completion of the
project, FDOT will reimburse the County up to the sum of $405,000.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
Approve a Resolution approving and authorizing the Chairman of the Board of County
Commissioners to execute the attached Local Agency Program Agreement with the Florida
Department of Transportation in which Collier County would be reimbursed up to $405,000 for
paved shoulders on Immokalee Road (CR 846) from north of Platt Road to east of Corkscrew
Lane/Sanctuary Road.
Prepared By: Daniel G. Hall, P.E., Senior Project Manager, Transportation Services Division,
Transportation Engineering and Construction Management Department.
Attachments: 1) Resolution; 2) FDOT Lap Agreement FM # 417350-1
~
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No. 1664
December 12, 2006
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1684
Recommendation to approve a Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the Florida Depanment
of Transportation in which Collier County would be reimbursed up to $405.000 for paved
shoulders an Immokalee Road (CR 846) from nonh of Platt Road to east of Corkscrew
Lane/Sanctuary Road. iProject # 60016)
12/12/2006 9:00:00 AM
Date
Prepared By
Daniel Hall
Transportation Services
Senior Project Maneger
Transportation Engineering and
Construction
11/22120068:37:07 AM
Approved By
Dale
Dale A, Bathon, P,E.
Transportation Services
Prinicipal Project Manager
Trans.portation Engineering and
Construction
11/22120068:44 AM
Management/Budget Analyst
Date
Approved By
Rookmin Nauth
Transportation Services
Transportation Engineering and
Construction
11/27/200611:3f AM
Approved By
Director
Date
Najeh Ahmad
Transportation Services
Transportation Engineering &
Construction Management
11/29/20068:53 AM
App roved By
Contract Specialist
Date
Rhonda Rembert
Administrative Services
Purchasing
11/2912006 3:47 PM
Approved By
Purchasing/General Svcs Director
Date
Steve Carnell
Administrative Services
Purchasing
11/29/20054:54 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
11/30/20063:01 PM
App roved By
Executive Secretary
Date
Pat Lehnhard
Transportation Services
Transportation Services Admin
11130/20063:28 PM
Administrative Assistllnt
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
12/11200612:46 PM
Senior Management/Budget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
1211/20063:40 PM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
12/4/2000 2:03 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Milnager's Office
1215/2000 7:56 PM
Agenda Item No. 16B4
December 12, 2006
Page 3 of 20
RESOLUTION NO. 2006 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE, AN AMENDED LOCAL AGENCY PROGRAM
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR
PAVED SHOULDERS ON IMMOKALEE ROAD (C.R. 846) FROM NORTH OF PLATT ROAD
TO EAST OF CORKSCREW LANE/SANCTUARY ROAD.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into an amended
Local Agency Program Agreement ("Agreement") with Collier County, wherein FOOT will reimburse ColIier County
up to the sum of $405,000 out of an estimated $430,000 total project cost for paved shoulders on Immokalee Road (C.R.
846) from North of Platt Road to east of Corkscrew Lane/Sanctuary Road.
WHEREAS, this Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement.
2. The Collier County Clerk wilI forward a certified copy of this Resolution to FOOT along with the Agreement
for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
,2006.
day
of
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
Robert Zachary, Esq.
Assistant County Attorney
,
,
Sl"AlE OF FLORIDA DePARTMENT Q~PORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
Decemb.~~:laJ~~
-PROJeCTJ~~
10106
Page 1
...
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obi:
FLAIR Approp:
FLAIRObj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558192
FPN: 417350-1 Fund: HSP
Federal No: 1545002 S Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: . Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida, hereinafter called the
Department, and the Board of Countv Commissioner. Collier Countv. Florida 3301 Tamiaml Trail East. Naales. Florida
34112 hereinafter called the Agency. .
WIT N E SSE T H:
WHEREASj 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;
"',THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
,,,..ows:
1.00 Purpose of Agreement: The purpose of this Agreement Is to provide for the Department's participation in paved
shoulders 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. Band 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "An 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 L..Qcal Agency Prooram 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.
Removal of Any Unbilled Funds
If Agency falls to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbllled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may Include both federal funds and state funds, If any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
-"partment. Agency waives the right to contest such removal of funds by the Department, If said removal is directly
ated to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
STATE OF FLORIDA DEPARTMEIiTOFTRANSPORTATlON
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT MANf~~~~~~m
10106
Pege 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
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 wlll expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
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 $ 405.000.00. 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 offunding 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 lOB." 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:
STATE OF FLORlOA DEPARTMENT OF TRANSPORT AnON
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 1 it. 2006
PROJECTW\~_~~~
10100
Page 3
"(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 Notlce-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
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.
_. _ any amounts determined to be ineligible for federal reimbursement for which the Department has. advanced payment,
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 compiles 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 the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible 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.
'3 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
.. ,e 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:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 12, 2006
PROJECT w.~~~
10106
PlIge4
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 OMS 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 OMS Circular A-133, as revised. and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedur~s/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to. comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FOOT's Office of Inspector General (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
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted In accordance with the provisions of 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 OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB .
Circular A-133, as revised, wiH meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards In its fiscal year, an audit conducted in accordance
with the provisions of OM8 Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part" - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with 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 II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission ofa
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.
STATE OF FLORIDA DEPARTMENT OF TAANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT MA~~~~~
10106
Page 5
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 III _ 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
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as 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 addressees):
Michelle S. Peronto
801 North BroadWay Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated In OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMS 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 pa.ss-through entities in accordance with Sections .320 (e) and (f). OMS 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 (0), 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
STATE OF FLOfllOA OEPIIRTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
Decem~~~2~006
F>ROJECTJ~dF~
10106
Pages
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. Peron to
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
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)
(0), 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
STATE OF FLORlDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT wfN~EW3?:~
'0106
Page 7
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(1Xa), 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'i of the Department's Qisbursement Ooerations Manual, Topic 350..Q30-400 (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.
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;
~ Litigation: There is then pending litigation with respect to the performance by the Agency .of any of It& 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 Oepartment 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 costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "8" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors fqr not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received l.mder 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.
.B..OO Termination or Suspension of Project:
_...11 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or aU
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.
STAn; OF FLORIDA DEPARTMENT OFTRANSPORTATlQN
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT~~~
10106
Page 8
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 wiff 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 t<> the effective date of
termination or specH'y 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 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: (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
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, pian, 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 29, when applicable.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 12, 2006
PROJECT~~
10106
Page 9
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions;
12.01 Equal Employment Opportunity: In connection with the carrying out 9f any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training. including apprenticeship. 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
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.
'>4 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 pi aced 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 repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property Included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee Involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department. may waive the prohibition contained in this paragraph provided that any
~ch present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
ltract, 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:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 1.6~~
PROJECT ~JIrlld#Ie't!-'
10106
Page 1 0
"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 ~re fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
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 jts 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 tlie 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.
STATE OF FLORIDA OEP~TMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December1kl~
PROJECT ~~e.wdiiFI~
10/06
Pall' 11
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 fo~ 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.
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 Restrictions on Lobbying:
Federal: The AgE;!ncy 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 a~empting 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 a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any Improvement on Department right-of-way, the Agency [gI will 0 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
4IoOd approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise, The
)artment has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
.....d 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12,2006
PROJECT ..J:'~fl1..~11~
10106
Page,2
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. Inv~ices 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 12, 2006
PROJECT Mf'~oo.J~~~
1 O/OEI
Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY COLLIER COUNTY
By:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name: Michael G. Rippe
Title: Director of Transportation Development
Name:
Title: SoCC Chairman or designee
Attest:
Title: Clerk
As to form:
As to form:
~~
Attom~ - - -
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATIQI\(
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 1684
December 12, 2006
PROJECT~E~
08106
Page14
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 417350-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION: Immokalee Road (CR 846) from north of Platt Road to East of Corkscrew Lane
The project 0 is L8l is not on the National Highway System..
The project 0 is L8l is not on the State Highway System.
PROJECT DESCRIPTION: Construction of 4' paved shoulders along Immokalee Road.
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 30. 2007.
b) Construction contract to be let by December 31.2007.
c) Construction to be completed by December 31. 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 DEP/lRTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT~~~
08106
Page'5
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
. The Department shall reImburse the Agency, subject to funds availability, in the year programmed (currently 06/07 for
construction).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJECT w6:~~~
08106
Pags 16
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Road
Naples, Florida 34112
FPN:
417350-1
PROJECT DESCRIPTION
Name: Paved Shoulders Length: l':!L8
Termini: Immokalee Road fer 846) from north of Platt Road to East of Corkscrew Lane
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS 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
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Riaht-of-Wav Cost
Construction 2006-2007 355.000.00 355.000.00
2007-2008
2008-2009
2009.2010
Total Construction Cost 355.000.00 355,000.00
Construction Engineering and Inspection (eEl) 50.000.00 50.000.00
2006-2007
2007.2008
2008-2009
Total CEI Cost 50,000.00 . 50.000.00
Total Construction and eEl Costs
TOTAL COST OF THE PROJECT 405,000.00 405,000.00
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.
"No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon
legislative approval.
STATE OF FLORIDA DEPARTMENT OF TRANSpORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Agenda Item No. 16B4
December 12, 2006
PROJeCT~~~
08106
Pego 17
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: $ 405,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway.Brldge 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.
~'lbility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
,itabty 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 FHW A. 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. 16C1
December 12, 2006
Page 1 of 5
-
EXECUTIVE SUMMARY
Recommendation to approve contract 06-3991 with Perkin Elmer in the amount of
$210,000 for "Specifications for a Laboratory Information Management System"
and approve the necessary Budget Amendment.
OBJECTIVE: To have the Board of County Commissioners approve the contract with
Perkin Elmer to purchase a Laboratory Information Management System (LIMS). LIMS
is a software based information management system designed specifically for use in
analytical laboratories. The public purpose is to improve the overall efficiency and
ability to meet regulatory standards for the Public Utilities Laboratories (Water,
Wastewater and Pollution Control and Prevention Departments).
/,"""'--
CONSIDERATIONS: The Public Utilities Division provides laboratory testing services
for drinking, waste and environmental water. These services are provided cooperatively
through three departments: Water, Wastewater and Pollution Control and Prevention.
Data from the Public Utilities Laboratories are utilized in various programs working
toward the common goals of compliance with Florida Department of Environmental
Protection (FDEP) Water and Wastewater permits; Growth Management Plan
requirements; existing South Florida Water Management District (SFWMD) contracts for
environmental monitoring; ensuring the public health, safety and well-being of Collier
County.
Recently, increasing regulations and requirements coupled with an extremely high rate of
growth have necessitated the Public Utilities Laboratories to perform a higher volume of
testing and improve data security, timeliness and reliability. Modernization of the
information management systems currently utilized within the Public Utilities
laboratories is essential. The use of outdated software and current paper-based record
keeping and data reporting methods will no longer enable the laboratories to meet
existing and upcoming demands.
The LIMS software will enable the Public Utilities Laboratories to provide data of known
and documented quality to ensure the health, safety and well-being of the public.
Laboratory staff will be better equipped to effectively perform their duties and maintain
public safety, trust and confidence with reliable, accurate and timely data.
,,-..
Agenda Item No. 16C1
December 12, 2006
Page 2 of 5
As an industry standard, the LIMS will enable laboratory staff to:
. Maintain document control electronically.
. Reduce transcription errors.
. Automate sample tracking, testing and reporting.
. Improve turnaround time of customer reports.
. Improve usability of data by automating data archival and retrieval.
. Allow for rapid regulatory compliance verification.
. Automate customer billing.
. Reduce response time to customer requests.
To procure the LIMS software, a Request for Proposals (RFP # 06-3991), "Specifications
for a Laboratory Information Management System" was publicly advertised May 3,2006.
A selection committee was convened with members of the Information Technology,
Water, Wastewater and Pollution Control and Prevention departments. Notices were sent
to 19 firms with 15 vendors requesting full packages. Four responses were received by
the opening date of May 25,2006. Each vendor was given the option of presenting a
demonstration. All four vendor presentations were viewed June 13, 2006. The selection
committee meeting was held on June 19,2006 and after review and discussion; by
consensus of the members, the firms were ranked as below:
,......".".
Rank Bidder Amount
1 Perkin Elmer $208,120.00
2 Accelerated Technologies $273,713.00
3 Promium $191,368.00
4 LabLynx $261,103.88
The qualifications and prices submitted by each proposer were scrutinized by the
selection committee. Perkin Elmer was unanimously selected due to the vendor's long-
term presence and reputation in the laboratory industry, coupled with their ability to best
meet the requirements of each laboratory. The ratio of support staff to clients, ability to
provide an inventory/instrument maintenance tracking system, pre- and post-installation
process review and length of project schedule were key elements in the committee's
decision to select Perkin Elmer. By consensus, the selection committee has determined
that Perkin Elmer is qualified, responsive and able to perform the required work.
A negotiating protocol was established to tentatively agree on a scope of work and then
negotiate the associated fees. Fees are consistent with industry standards and the
payment schedule is based on the completion of the following milestones:
,-
. Execution of Contract
. Site Survey and Implementation Plan
. System Configuration
. Software Delivery
. Training and Documentation
. Transfer of Existing Data to New System
. Acceptance Testing (by Perkin Elmer and Collier County Staff)
Agenda Item No. 16C1
December 12,2006
Page 3 of 5
Staff considers the negotiated scope of work and fees to be fair and reasonable and
recommends approval of contract with Perkin Elmer to provide a Laboratory Information
Management System in the amount of$210,000.
A summary of the total cost breakdown is indicated below:
Available funds, Fund 114 $90,000.00
Available funds, Fund 414, Project $50,000.00
72526
BA Request (Transfer funds from $70,000.00
Project 710054)
Total Project Cost $210,000.00
A budget amendment is necessary to fulfill the project's completion.
FISCAL IMPACT: The total cost associated with performance of tasks outlined in the
scope of work is $210,000 as contained in the attached Program Fee Summary. Funds in
the amount of $90,000 are budgeted and currently available in Water Pollution Control
Fund 114. Funds in the amount of $50,000 are budgeted and available in Wastewater
Fund 414, Project 72526. Approval of a $70,000 budget amendment will be necessary to
provide sufficient funds in the appropriate expenditure categories for this obligation
during FY07. This involves the transfer of funds from Project 710054 to Project 725262.
GROWTH MANAGEMENT IMPACT: The approval of this contract is consistent
with and furthers the Goals, Objectives and Policies of the Collier County Growth
Management Plan.
RECOMMENDA TION: That the Board of County Commissioners, Ex-officio the
Governing Board of the Collier County Water-Sewer District:
(1) Approve the selection of Perkin Elmer as the No. 1 firm recommended by the
Selection Committee for RFP # 06-3991.
(2) Award a contract to Perkin Elmer in the amount of $210,000 to provide a Laboratory
Information Management System.
(3) Approve the necessary budget amendment to provide sufficient funds III the
appropriate expenditure categories for this obligation.
(4) Authorize the Chairman of the Board of County Commissioners to execute a standard
County Attorney approved contract.
PREPARED BY:
Elizabeth Woods, Laboratory Supervisor, Pollution Control and
Prevention Department
.'-
Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 16C1
December 12,2006
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
Recommendation to approve contract 06-3991 with Perkin Elmer In the amount of $210,000
for Specifications for a Laboratory Information Management System and approve the
necessary Budget Amendment
12/12/2006 9:00:00 AM
Laboratory Supervisor
Date
Prepared By
Liz Woods
Public Utilities
Pollution Control & Prevention
8118/2006 3:55:19 PM
Millie Kelley
Laboratory Supervisor
Date
Approved By
Public Utilities
WasteWater
11/21/20069:01 AM
App roved By
Ray Smith
Public Utilities
Director
Date
Pollution Control & Prevention
11/21/20061 :03 PM
Purchasing Agent
Date
Approved By
Jack P. Curran
Administrative Services
Purchasing
11/21/20062:33 PM
Kelsey Ward
Contract Administration Manager
Date
Approved By
Administrative Services
Purchasing
11/22/2006 11 :56 AM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
111221200612:13 PM
Paul Mattausch
Water Director
Date
Approved By
Public Utilities
Water
1112212006 1 :02 PM
Steve Carnell
PurchasingJGeneral Svc;s Director
Date
Approved By
Administrative Services
Purchasing
11/28120068:47 AM
Approved By
Barry Axelrod
Administrative Services
Information Technology Director
Date
Information Technology
11128/20069:12 AM
Thomas WI des
Operations Director
Date
Approved By
Public Utilities
Public Utilities Operations
11/28/20061:31 PM
Public Utilities Administrator
Date
Approved By
James W. DeLony
Public Utilities
Public Utilities Administration
11/30120068:46 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
11130120062:06 PM
Susan Usher
Senior ManagemenUBudget Analyst
Oate
Approved By
County Manager's Office
Office of Management & Budget
1211/200612:06 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
1214/20062:26 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
1214/20065:45 PM
Agenda Item No. 16C1
December 12, 2006
Page 5 of 5
Funding and Cost Summary, RFP # 06-3991, Laboratory Information Management
System
Original Budgeted Funds
$140,000
Pollution Control and Prevention, Fund 114
Wastewater Fund 414, Project 72526
($90,000)
($50,000)
Sub-Total (Available for Software and Services)
$140,000
Associated Software and Services Costs (Proposed)
Software Configuration/Implementation (Based on Modified
Scope of Work & Negotiated Bid Proposal for 06-3991)
Reserve Allowance for Contingencies (2%)
($206,215)
($ 3,785)
Sub- Total (Software and Services - Proposed)
($210,000)
Budget Amendment Needs
Amount Added to Project 725262 per this BA
$70.000
Totals
$210,000
($210,000)
Agenda Item No. 16C2
December 12, 2006
Page 1 of 10
/-
EXECUTIVE SUMMARY
Recommendation to approve Change Order Number One to Work Order UC-189 in the
amount of $18,767.68 and Change Order Number One to Work Order UC-233 in the
amount of $9,924.46 with D.N. Higgins Corporation for the repair of one potable and one
irrigation quality watermain failure in the Collier County Water-Sewer District.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District approve change order Number One to UC-189 and
Change Order Number One to UC-233.
--
CONSIDERATION: On March 9, 2004 the Board of County Commissioners approved Bid
No. 04-3535 for Underground Utility Contracting Services. This contract allows for use of five
underground contractors who rotate on-call to respond to request for emergency services to
maintain the water distribution and wastewater collection systems. On February 18, 2006, an 8"
watermain servicing the Cypress Way and FaiIVIay Court areas of Palm River broke. The flow
of water from the broken watermain disturbed the roadway and required the services of an
underground contractor to complete the necessary repairs. A purchase order was created for an
estimated amount of $15,000. Upon final completion, the roadway had more damage to the sub
base than was evident on the date of the initial main break incident. The final invoice for this
incident totals $33,767.58. A change order for $18,767.58 is required.
On June 16, 2006, a 24" irrigation quality watermain on US 41 at the intersection with
Rattlesnake Hammock broke. The irrigation quality watermain break damaged a major storm
culvert that drains water from this area. The services of an underground contractor were required
to complete the repairs to the irrigation quality watermain and the stonn drainage system. A
purchase order was issued for an initial estimate of $25,000. Upon final completion of the
repair the cost was $34,924.46; therefore, creating a need for a $9,924.46 change order.
FISCAL IMPACT: The total cost associated with this executive summary is $28,692.04. These
funds are available in Water Distribution and Irrigation Maintenance Cost Centers. Funding
source is County Water/Sewer Fund 408, water user fees.
GROWTH MANAGEMENT IMP ACT: There is- no growth management impact with the
approval of these change orders.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-
officio governing board for the Collier County Water-Sewer District, approve Change Order
Number One to Work Order UC-189 and Change Order Number One to Work Order UC-233.
Prepared Bv: Pamela Libby, Water Operations Manager
,.-..-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C2
December 12, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendation to approve Change Order Number One to Work Order UC-189 In the
amount of $18,767 68 and Change Order Number One to Work Order UC-233 in the amount
of 59,924.46 with D.N. Higgins Corporation for the repair of one potable and one irrigation
quality watermaln failure In the Collier County Water-Sewer DIs!nc!
12/12/2006900:00 AM
Water Operations Manager
Date
Prepared By
Pamela Libby
Public Utilities
Water
11/221200612:54:32 PM
Water Operations Manager
Date
Approved By
Pamela Libby
Public Utilities
Water
11/2212006 12:54 PM
Paul Mattausch
Water Director
Date
Approved By
Public Utilities
Water
11/22/20061 :02 PM
Purchasing Agent
Date
Approved By
Lyn Wood
Administrative Services
Purchasing
11/22/20062:12 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
11/28120068:51 AM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
11129120067:55 AM
Public Utilities Administrator
Date
Approved By
James W. Delony
Public Utilities
Public Utilities Adminis.tration
11130/20066:46 AM
OMS Coordinator
Administrative Assistant
Date
APrroved By
County Manager's Office
Office of Management & Budget
11/30120062:06 PM
Randy Greenwald
Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Ma.nagement & Budget
121112006 11 :05 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1214120063:44 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's. Office
1214/20065:52 PM
Agenda Item No. 16C2
Date: 11/21/06
E-Mailed To Bonnie:
,
Page 3 of 10
Project Name: Emergency Repair 0[24" Eftluent Break at US 41 and Rattlesnake Hammock
Project Number:
BlD/RFP #: 04-3535
Do not out on admin reDort as this will be Dresented to the BCC on 12/12/06.
Mod#:
PO#:
Work Order Number: UC-233
Contractor/Consultant: Douglas N. Higgins, Inc.
Original Contract Amount: $ 25,000.00
(Starting Point)
Current BCC Approved Amount:
$ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 25,000.00
(Including All Changes Prior To This Modification)
Change Amount:
$
9,924.46
Revised Contract/Work Order Amount: $ 34,924.46
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: L9,924.46
Percentage Of The Change Over/Under Current Contract Amount:
_39.70
%
Overview of change:
Scanned Date:
To pay jor emergency repair of efflue break estimated at $25,000 and invoiced at $34,924.46
;/ J
J - /A ate: /lj~l06
I
Contract Specialist:
Data Entry Information:
Type of Change: Work Order
Project Manager: Pam Libby
Department: Water
Change Category Type, Circle One 13elow:
l. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
Revised 7/11/05
,
;;.,-.'.......~"
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16C2
December 12, 2006
Page 4 of 10
?ROJECT NAME: Emergency Repair of 24" EFF Break US 41 & Rattlesnake Hammock Rd PROJECT
#: UC-233
BID/RFP #: 04-3535 MOD #:
PO#:45000
WORK ORDER #:UC-233
DEPARTMENT: Water Distribution
Current BCC Approved Amount:
$ 25,000.00
I
$
(Starting Point)
Original Contract Amount:
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 25,000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 9,924.46
Revised ContractIWork Order Amount:
$ 34,924.46
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 9,924.46
Date of Last BCC Approval 3/9/04 Agenda Item #16E6
?ercentage of the change over/under current contract amount 39% -'~ .1 0 6f.c,
Formula: (Current Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This was an emergency work order in the
estimated amount of$25,000.00 and invoice came in higher
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This was an emergency work order in the estimated amount of $25,000.00 and invoice came in higher
PARTIES CONTACTED REGARDING THE CHANGE: Pamela Libby, Water Operations Mgr
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
N/A 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
TION: This form is to be signed and dated.
APPROVE BY:
Date:
1/ J,:)j/Ob
,
/I JdJ/o6
{ .
Date:
Revised 10/5/05
~:~;:~.4f~4:;~~~l~~,~i~:,:::';"~'~~. "
.....
'1f..~ ~~...:. W<ii:'.~~
Nov.21. 2006 11:41AM DOUGLAS HIGGINS 239 774 4266
e5/~{'~~~C g~:~( ~255e
No. B\9JYnda ftemffu. 1G.C2
. Dece~ 1 ~~~M6
Page 5 of 10 .
CHANGE ORDER NO.
J
CJiANGE ORDER
CONTRACT NO. 04~3535
BOe Date: 3/9/04
Agenda Item: 16E6
TO: D,N. HIggins, Ino.
2887 Tamlemi Tr E. Suite 1
Naples, Florida 34112
DATE: November 20,2006
PROJECT NAME: Emergency Repair..;. Repair 24' er Break US 41 & Rattlesnake Hammock Rd
PROJECT NO.: UC-233 .
Under cur AGREEMENT Dated July 2el 2006
You hereby are authorized and directed to make the following change(s} in accordance with .
~.rms and conditions of the Agreement: This was an emergency work order with an estimated
amount. The estimated amount was lower than actual invoiCe
FOR THE (Add) Sum of: Nine thousand nine hundred twenty four dollars and forty six cents
($91924.46)
Original Agreement Amount $ 25,000,00
Sum of Previous Changes'
$ 25,000,00
$ 9,924.46
$ 34J924.4e
This Change Order (Add)
Present Agreement Amount
Tne time for oompletion shall bt (increased/decreased) by -0.. calendar days due to this Change
Order, Aooordlngly. the Contract Time 18 now () calendar days. The substantial
completion date is and the final completion aate Is . Your acceptance
of this Change Order ehall constitute a modification to our Agreement and will be performed subject to
all the same terms and cOnd~ions 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 stttlament of any and all claims of the Contractor arising out of or related to the change
oet forth hemin, includinq r-,.im< ... ::s delay costs.
AC~ 20 OWNER:
. . Higgins, Inc
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
nager
By:
RClvi~ed 2/241200$
.;;.~,~.;. -. _.:.>..',:..'.r....-;;:_~_~.';~~_~..~~.c ~_.~.'-~
_.1: ~-_.,,;t.'~~2!';~_ ~-"b~,",,-,';_Jk.~iiilT-;ii'''-?-=-~''';'~'-'';
Oct. 1 2. 20 0 6 11: 12 AM
DOUGLAS HIGGINS 239 774 4266
CI CCRPCftAn Ofl'lCe
33QO T~VlS "'OINTE RD, SUITE A
ANN AR8OR, MI 48108
(313) 9915-t5llO. FAX: (313) 9t6-lW80
NOA~~hiJa It~m ~o. 16C2
December 12, 2006
Page6of10
INVOICE
GeNERAl. CONlRAClORS
C REGIONAL 0PP1CI.
288? TAMIAUI TRAIL EAST. 9lJT'n: 1
NAPLES, FL 34112
(~1) 774-3130 - FAX: (1141) 77U2ft
NO: 4555
~1Hi
TO: COLLIER COUNTY GOVERNMENT
Board of County CommissIoners
Attention: Finance Department
P.O. Box 413016
Naples Florida 34101-3016
TERMS' Net 30
DATE: 7/26/06
JOB NAME:
JOB LOCATION:
JOB NO: 729-J
24" Reuse Break
US41 & Rattlesnake
Collier County Contract
Number 04-3535
QUANITY TYP. DESCRIPTION PRICe AMOUNT
PURCHASE ORDER #
Work Order Number UC-233
.
June 16,2006 Mobilize and Repair 24" Effluent
. 1 LS Line Break on US 41 and Rattlesnake Hammock Road $34,924.46
...
TOTAL $34,924.46
THANK YOU
......-."b-"'~~;
,.,;;,.
M.""""~
"~;;~"'"
::,.,";:~:,:~~:i
Date: November 21,2006
E-Mailed To Bonnie:
Agenda Item No. 16C2
December 12. 2006
Page 7 of 10
'"
Project Name: Emergency Repair of*" Water Main/Cypress Way West and Fairway Circle
Project Nwnber: UC-189
EBCC APpro~
BID/RFP #: 04-3535
Mod#:
PO#: 45000
Work Order Number:
Contractor/Consultant: D.N. Higgins, Inc
Original Contract Amount: 5 15.000.00
(Starting Point)
Current BCC Approved Amount:
$
(Last Total Amount Approved by the BCC)
Current Contract Amount:
515,000.00
(Including All Changes Prior To This Modification)
Change Amount:
518.767.58
Revised Contract/Work Order Amount: $ 33.767.58
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 18.767.58
Percentage OrThe Change Over/Under Current Contract Amount:
12!!!%
Contract Specialist:
cy work order with estimated amount of$ 15,000 and invoice came in higher.
Date: II - 2 2 -l.oo(p
Scanned Date:
Data Entry information:
Type of Change: Work Order
Project Manager: Pamela Libby, Water Operations Mgr.
Department: Public Utilities
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
. Revised 7/11/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda ltem No. 16C2
December 12, 2006
Page 8 of 10
?ROJECT NAME: Emergency Repair of 8" Water Main/Cypress Way West and Fairway Cir
PROJECT #: UC-189
BID/RFP #: 04-3535 MOD #:
I
.
PO#:45000
WORK ORDER #:UC-189
DEPARTMENT: Water Distribution
Original Contract Amount:
$ 15,000.00
(Starting Point)
Current BCC Approved Amount:
$
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 15,000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 18,767.58
Revised Contract/Work Order Amount:
$ 33,767.58
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractfWork Order: $ 18,767.58
Date of Last BCC Approval J,lQt94
Agenda Item ~
Percentage of the change over/under current contract amount 125%_
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Estimated amount was lower than actual invoice
This was an emergency work order. With an estimated amount of$15,000.00
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This was an emergency work order with an estimated amount of $15,000.00 and invoice came in higher.
PARTIES CONTACTED REGARDING THE CHANGE: Pamela Libby, Water Operations Mgr
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
Y Proposed change is consistent with the scope of the existing agreement
N/A 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
AT ON: This form is to be signed and dated.
Date:
Date:
\1-A-'200(P
L.;;" ;~,;,~.~~.~ <.';...i~I'~~':',~~~r";:h'
. ~ .. -',. .. -. ,
.,~~:,~,J:;.~;';'~.~,~*;.t.:i;~ .'<\.~
_""_",__,"_",_,,,",'~""''''''" _."".",~....".,.H".""""..~.. '''I''''''' M..... ~,~..~
Nov.21. 2006 11 :41AM DOUGLAS YIGGINS 239 774 4266
BblLl/:eel!:'5 t14:;U 226613 .
No. ~hhda ft.en2tlb. 16C2
Oecein\lC 1.:8,atel3
Page 9 of 10
CHANGE ORDER NO.
I
CHANGE ORDER
CONTRACT NO. 04-3535
Bee Date: 3/9/04
Agenda Item: 16EG
TO: D.N. Higgins, Ine,
2867 Tamiamf Tr E, Suite 1
Naples, Florida 34112
DATE: November 20, 200a
PROJECT NAME: Emergency Repair - Repair 8" Water Mlln It Inter8ectlon Cypreh Way West and
Faitway Cir
PROJECT NO.: UC-1 SS
Under our AGREEMENT Dated February 22, 2006
You nereby are authorized and directed to make the following change(s) In aocordance with
terms and conditions of the Agreement: This was an emergency work order with an uti mated .
amount. The estimated amount was lower than actual invoice .
FOR THE {Add} Sum of: Eighteen thousand seven hundred sixty seven doT/ars and fifty eight
cents ($18,767.58)
Original Agreement Amount $15,000.00
. ..
Sum of Previoull ChangH
$ 15,000.00.
$18,787,58
$ 331767.58
This Chlnge Order (Add)
Pruent Agreement Amount
The time for completion shalf be (increaSed/decreased) by ~o- calendar days due to this Change
Order. Ac.cordingly, the Contract Time is now () oalendar days. The substantial
completion date is and the finsl oompletion date is . Your aeo.ptanee
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 jn 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 ohange
set forth herein, including claims for impact and delay costs.
A....~ ~os OWNER;
~~.r-J. Higginsl fnc
BOARD OF COUN1Y COMMISSIONERS
OF COLUER COUNTY, FLORIDA
Revised 2/24aoos
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DOUGLAS HIGGINS 239 774 4266
..... "\oIKI'\IM I ~ IJrrl\oc
33QO TRAIIIS POIN'Tl: RO. SUITE A
ANN ARBOR, loll 41101
(313) 1lIl&05OO. FAX: (313) IlQ6.348O
NO~a It~m f..Jo. 16C2
December 12, 2006
INVOlai! 10 of 10
GENEM. CONfR,4,CTCIRS
I::J aGIONAL OFl'lCl!
2887 TAMIAMl TRAIL EAST. SUITE 1
NAPLES, FL $4112
(041) 774-3130 - FAX: (041) 77~
NO: 4545
~7Jfi
TO: COLLIER COUNTY GOVERNMENT
Board of County Commissioners
Attention: Finance Department
P.O. Box 413016
Naples Florida 34101-3016
TERMS: Net 30
DATE: 6120106
JOB NAME:
JOB LOCATION:
JOB NO: 728-U
a" Water Main Repair
Cypress W & Fairway CI.
COllier County Contract
Number 04-3535
QUANITY TYP. DESCRIPTION PI'lICI! AMOUNT
PURCHASE ORDER #
Work Order Number UC~189
February 18, 2008, Mobilize and Repair
9 HRS Suoerintendent (OVertime) 70.00 $630.00
8.5 HRS Foreman (Overtime) 70,00 $595,00
8.5 HRS Operator (Overtime) 55.00 $467.50
8.5 HRS Laborer (2 laborers lO:I $45.00 Overtime) 90.00 $765.00
8.5 HRS Pickuo Truck and Miscellaneous tools 50.00 $425.00
a.5 HRS 2-1/2 cv Track Backhoe (Overtime) 150.00 $1,275.00
8.5 HRS Dump Truck (Overtime) 45.00 $382.50
8.5 HRS Lowboy 120.00 $1,020.00
8.5 HRS Pickup Truck and Miscellaneous tools 50.00 $425.00
Material
27 TN 57 Stone 12.50 $337.50
21.24 TN limerock 10.50 $223.02
1 LS Asphalt Paving 23,569.00 $23,569.00
1 LS 15% MarkUD 24.129.52 $3,619.43
1 LS Tax paid bv DN Hiacins on above items 560.52 $33.63
TOTAL $33,767.58
THANK YOU
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Agenda Item No. 16C3
December 12, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Approval of an agreement with the Florida Department of Environmental Protection to
conduct ambient air quality monitoring within Collier County.
OBJECTIVE: To have the Board of County Commissioners approve the attached Agreement
with the Florida Department of Environmental Protection (DEP AGREEMENT NO. MOAIOO).
CONSIDERATIONS: Under this agreement the Florida Department of Environmental
Protection (FDEP), at no cost to the County, will provide equipment, utilities, related facilities
and services, necessary to initiate and carry out the requirements of the ambient air quality
monitoring program. The FDEP's obligations are listed in the Scope of Services (Attachment A),
part A of the Agreement.
The County's obligations are listed in the Scope of Services (Attachment A), part B of the
Agreement and include the following major provisions:
,.....-~
1) County staff to be trained by the FDEP, to periodically visit the monitoring sites, inspect
the condition of the equipment and facilities, collect, validate, and verify data, and carry
out minor routine and preventative maintenance.
2) County staff to periodically monitor the data being transmitted by telemetry to the
County and FDEP offices.
Fulfillment of the conditions and requirements of this Agreement is in compliance with the Clean
Air Act (USC 7401) and Title 40 Code of Federal Regulations (CFR).
Funding for this program is from the 103 and 105 grants program of the U.S. Environmental
Protection Agency to the Florida Department of Environmental Protection.
FISCAL IMP ACT: The FDEP will fund all costs for providing equipment and services to
conduct this program. The County will provide technical assistance utilizing existing staff of the
Pollution Control & Prevention Department. No additional staff will be required.
GROWTH MANAGEMENT IMPACT: Approval and implementation of this Agreement will
substantially satisfy the Goals and Objectives of Goal 8 and the related Objectives as set forth in
the Conservation and Coastal Management Element of the Collier County Growth Management
Plan.
RECOMMENDA TION: That the Board of County Commissioners approve the attached
Agreement (DEP AGREEMENT NO. MOAI00) with the Florida Department of Environmental
Protection.
..-
Agenda Item No. 16C3
December 12, 2006
Page 2 of 7
Prepared By: Jennifer Rhora M.S., Environmental Specialist Pollution Control and Prevention
Department
Agenda Item No. 16C3
December 12, 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16C3
Approval of an agreement with the Florida Department of EnVlronmenlal Protection to
conducl ambient air quality monitoring within Collier County.
1211212006 9:00:00 AM
Item Number:
Item Summary:
Approved By
Ray Smith Di rector Date
Public Utilities Pollution Control & Prevention 1112812006 1 :40 PM
Approved By
Thomas Wi des Operations. Director Date
Public Utilities Public Utilities Operations 1112812006 1 :48 PM
Approved By
James W. Delany Public Utilities Administrator Date
Public Utilities Public Utilities Administration 11130120068:47 AM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 1113012006 2: 11 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 12/1120053:37 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budge-t 12/4120069:16 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 12/412006 6:59 PM
Agenda Item No. 16C3
December 12, 2006
Page 4 of 7
DEP AGREEMENT NO. MOA100
AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY POLLUTION CONIROL AND PREVENTION DEPARTMENT
This AGREEMENT is made and entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road. Tallahassee, Florida 32399-
2400, hereinafter referred to as the DEPARTMENT, and the COLLIER COONlY BOARD OF COUNTY
COMMISSIONERS, whose address is Pollution Control and Prevention Department, 3301 East TamiJlmi Trail,
Naples, Florida 34112, hereinafter referred to as the COUNTY
WITNESSETH:
WHEREAS, certain monitoring activities mandated under the Clean Air Act (42 USC 7401 et seq.) and
Title 40 Code of Federal Regulations (CFR) have been agreed upon between the United States Environmental
Protection Agency (EPA) and the DEPARTMENT; and,
WHEREAS, the DEPARTMENT has received funding from the EPA through the 105 and 103 grant
programs for the purpose of establishing and operating the DEPARTMENf'S Ambient Air Monitoring
Network; and,
WHEREAS, Section 403.061(12Xa), F.S., empowers the DEPARTMENT to cause field studies to be
made and samples to be taken of the air as to determine the levels of air quality of the state; and,
WHEREAS, the COUNTY has a need for accurate data regarding local air quality to help guide local
decisions.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the DEPARTMENT
and the COUNTY agree to perform all work described herein, or hereinafter authorized upon the terms and
conditions stated.
A. General Provisions: The DEPARlMENT and the COUNTY agree to perform the services and specific
responsibilities as set forth in Attachment A., "Scope of Services", attached hereto and incorporated by
reference. Any changes are subject to the mutual agreement of both parties as evidenced in writing by
proper amendment(s) hereto.
B. Schedule of Work: This AGREEMENT is effective upon execution by both parties and shall remain in
effect for five (5) years following execution. This AGREEMENT may be renewed for an additional
term not to exceed the original five (5) year term of this AGREEMENT. The renewal shall be in
writing and subject to the same terms and conditions of this AGREEMENT. Each party shall review its
commitment to the AGREEMENT annually.
C. Funding and Other Resomces Supporting Responsibilities are Outlined in Attachment A:. This
AGREEMENT is subject to availability of funds and resomces or anticipated continuation of funds and
resources available to both parties throughout the duration of this AGREEMENT. Should either party's
funding or other necessary resources be discontinued or reduced, the AGREEMENT may be terminated
or amended, as appropriate.
D. Approvals: The DEPARTMENT'S AGREEMENT Manager is Mr. Dick Arbes, Ambient Monitoring
Section Administrator, telephone number 850/921-9566. The COUNTY's AGREEMENT Manager is
Mr. Ray Smith, Director, telephone number 239n32-2S02. All matters dealing with this
DEP Agreement No. MOAlOO, Page 1 of2
Agenda Item No. 16C3
December 12, 2006
Page 5 of 7
AGREEMENT shall be directed to or coordinated with the AGREEMENT Managers for action or
disposition.
E. Terminations: This AGREEMENT may be terminated, in whole or in part, in writing by either party (1)
in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT or
(2) for the terminating party's convenience. The terminating party shall (1) give not less than 30
calendar days advance written notice of its intent to terminate and (2) an opportunity for consultation
prior to termination.
F. Each party hereto agrees that it shall be solely responsible for the wrongful civil acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
G. Entire Agreement: It is expressly understood and agreed that this AGREEMENT states the entire
AGREEMENT and that the parties are not bound by any stipulations, representations, agreements, or
promises, oral or otherwise, not printed or inserted into this AGREEMENT. This AGREEMENT
cannot be changed orally, nor by any means other than by written amendments expressly referencing to
this AGREEMENT and signed by all parties hereto.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed, the day and
year last written below.
BOARD OF CIOUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FLORIDA DEPARlMENT OF
ENVIRONMENTAL PROTECTION
Frank Halas, Chaitman *
Director, Division of Air Resource
Management
Date:
,20_
Date
,20_
Attest: Dwight E. Brock, Clerk
By:
Deputy Clerk.
Dick Arbes, DEP Contract Manager
DEP Contract Administrator
Appmv~ As To ~ufficienoy:
IO'rY\
Assistant County Attorney
Approved As To Form and Legality:
DEP Attorney
*For Agreements with governmental boardsIcommissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf
of the governmental boardIcommission must accompany the Agreement
List of attachments/exhibits included as part of this Agreement:
Specify
Tvpe
Attachment
Letter/
Number
A
Descriotion (include number of pages)
Scope of Services (2 Pages)
DEP Agreement No. MOAlOO, Page 2 of2
Agenda Item No. 16C3
December 12, 2006
Page 6 of 7
ATTACHMENT A
SCOPE OF SERVICES
A The DEPARTMENT shall at the DEPARTMENT'S sole cost and expense perform or provide the following
services:
1. Supply and install one trailer for one ozone monitor and one PM2.5 TEaM ; secure power poles, electrical
connections to the trailer; and if necessary, security fences around the selected. monitoring sites.
2. Install the ozone monitor and PM2,S TEaM along with appropriate calIbrators for ambient air sampling with
all electrical, pneumatic and communications connections and insure the monitors and calibrators operate
properly.
3. Provide spare sampling train components and other spare parts for both the PM2.s and ozone monitors.
4. Provide all required expendables such as in-line filters.
5. Provide major maintenance such as replacement of the monitors' internal computer, temperature sensors,
wiring, plumbing, sample pumps, flow sensors, and ifnecessary, the PM2.5 or ozone monitors themselves.
6. Provide for electrical utility service for the site through a separate vendor.
7. Provide for shipping services for equipment and parts necessary to operate and maintain the PM2,S and
ozone monitors.
8. Conduct flow certifications on the PMz.s sampler, annual comparison of the ozone primary calibration
standard, performance audits on both the PM2,S and ozone monitors; and systems audits in accordance with
40 CPR, Part 58, Appendix A
9. Provide Standard Operating Procedures and Quality Assurance/Quality Control Procedures.
10. Provide on-site and in-state training opportunities and technical expertise on the PM2,S and ozone monitors.
B. The COUNTY shall at the COUNTY's sole cost and expense perform or provide the following services.
1. Select and provide the site location for the ozone and PM2.5 monitors in coordination with the
DEPARTMENT staff. Be responsible for all necessary land use clearances.
2. Provide a qualified technician to operate and maintain the PM2.s and ozone monitors for ambient air
sampling. (Ideally, the technician should have some training inIexperience with technical equipment and
electronics, be computer-literate and able to follow detailed instructions).
3. Provide a qualified Quality Assurance Coordinator (someone other than the technician specified in B.2) to
ensure that all quality control and quality control functions are performed in accordance with the State- Wide
Quality Assurance Air Program Plan (QAP-OOI), the Quality Assurance Project Plan for the State of
Florida's PM2.! Ambient Air Monitoring Program (QAP-002), and the applicable standard operating
procedures.
4. Review and certify the ozone and PM2.5 data to meet the DEPARTMNT-specified time lines. Ozone and
PM2.S data will be transferred by use of the DEPARTMENT's data handling system to the
DEPARTMENT's data base.
DEP Agreement No. MOAIOo, Attachment A, Page 1 of 2
Agenda Item No. 16C3
December 12, 2006
Page 7 of 7
5. Provide preventive and minor maintenance of the PM2.5 and ozone monitors to include: cleaning of the
units, changing out parts, and changing the in-line filters. Services requiring major maintenance will be
reported to the designated DEPARTMENT technician as soon as possible.
6. Provide travel expenses for training such as for local/in-state lodging, meals, and time for the technician.
7. Provide office space for the technician.
8. Provide transportation for the technician to operate/service the PM2,S and ozone monitors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MOAIOO, Attachment A, Page 2 of 2
Agenda Item No. 16C4
December 12, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Approval of an inter-local agreement with the Collier County School Board to retain ozone
and PM2.5 monitoring equipment at Laurel Oak Elementary School to conduct ambient air
quality monitoring for the urban area of the County
OBJECTIVE: To have the Board of County Commissioners, (BCe) approve the attached Inter-
Local Agreement with the District School Board of Collier County (School Board).
CONSIDERA TIONS: The County currently has an air monitoring station at Laurel Oak:
Elementary. This facility was installed in 2000 pursuant to the previous agreement between the
BCC and the School Board. This was pursuant with an Agreement (Contract AQ158) with the
Florida Department of Environmental Protection (FDEP) to conduct Ambient Air Quality
monitoring.
To implement this Agreement the County requested permission of the School Board to retain the
currently placed 8' x 20' Air Monitoring Trailer at the Laurel Oak Elementary School. This site
provides an evaluation of the ozone and Particular Matter (PM2.s) conditions in a centralized
portion of the urbanized area of the County.
-
The School Board accepted the attached Inter-Local Agreement at their November 16, 2006
meeting. This Agreement has been approved to form and legal sufficiency by the County
Attorney.
FISCAL IMPACT: The FDEP will fund all costs for providing equipment and utility services
to conduct this program. The County will provide technical assistance utilizing existing staff of
the Pollution Control & Prevention Department. No additional staff will be required.
GROWTH MANAGEMENT IMPACT: Approval and implementation of this Agreement will
substantially satisfy the Goals and Objectives of Goal 8 and the related Objectives as set forth in
the Conservation and Coastal Management Element of the Collier County Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached Air
Quality Monitoring Agreement with the Collier County School Board.
Prepared By: Jennifer Rhora, Environmental Specialist
Pollution Control and Prevention Department
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C4
December 12, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C4
Approval of an Inter -local agreement with the Cottier County School Board to retain ozone
and PM2. 5 monitoring equipment at Laurel Oak Elementary School to conduct ambient air
quality monllonng for the urban area of the County.
12112120069:00:00 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Management Director
Date
Risk Management
11/271200610:34 AM
Ray Smith
Oi rector
Date
Approved By
Public Utilities
Pollution Control & Prevention
1112812006 11 :45 AM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
11/28/20061:57 PM
Public Utilities Administrator
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administration
11/30/20068:47 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
11/3012006 2:11 PM
Randy Greenwald
Date
Approved By
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
1211/2006 3:41 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
12/4/20069:17 AM
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1214/20066:52 PM
Agenda Item No. 16C4
December 12, 2006
Page 3 of 4
A:GREEMENT FOR OZONE TRAILER AT
LAUREL OAK ELEMENTARY SCHOOL SITE
TInS AGREEMENT, made and entered into retroactively to the JJtk dav of A~st. 2006
by and between the DISTRICT SCHOOL BOARD OF COILIER. COUNTY, FLORIDA \:~
"SCHOOL BOARD"), located at 5775 Osceola Trail Naples, FL 34109 and COLLIER COUNTY
(the "COUNTY") having an address at 3301 East Tamiami Trail Naples, Florida 34112.
WHEREAS, the SCHOOL BOARD is a public body oharged with the responsibility of
providing educational resources to students of the county; and
WHEREAS, the COUNTY is a governmental agency charged with placing an ozone
monitoringunlt in Collier County as directed by the State of Florida; and
WHEREAS, the COUNTY desires to keep the existing 8' X 20' trailer at Lame! Oak
ElementaIy to monitor the ozone levels throughout the County: and
WHEREAS, the SCHOOL BOARD and the COUNTY desire to have an amicable
relationship in servicing the citizens of Collier County, Florida; and
NOW, THEREFORE, the parties agree as follows:
1. The SCHOOL BOARD agrees to allow the COUNTY to keep 1he existing 8' x 20' trailer at
Laurel Oak Elementary on the Northwest side of campus at the location previously approved
by the SCHOOL BOARD by a prior written Agreement between the parties.
2. The COUNTY will maintain 1he trailer at Laurel Oak Elementary to monitor ozone levelss
particulate matter, and other airborne po~ts in the County.
3. The COUNTY shall pay for all costs associated with main:taining. and removing the
trailer.
4. The COUNTY shall comply with all applicable building codes as established by the
State Requirement for Educational Facilities (SREF).
5. The COUNTY shall maintain appropriate liability insurance and the SCHOOL BOARD shall
be listed as an additional insured. Also, to the greatest extent allowed by law, the COUNTY
shall hold the SCHOOL BOARD harmless against all claims associated with this Agreement,
including direct and/or indirect economic and/or consequ.entiallosses.
6. The SCHOOL BOARD, its employees, contractors and subcontractors shall not be subject to
any required inspection or re-inspection of the 1rai1er wlrile located at Laurel Oak
Elementary.
7. The SCHOOL BOARD will allow the COUNTY employees and representatives reasonable
access to the site. The COUNTY shall provide to the SCHOOL BOARD an estimated written
schedule of the times when access to the site by the COUNTY is required.
8. The term of this Agreement shall continue until terminated. This agreement may be
terminated without cause by either party upon sixty (60) c~endar days' written notice to the
other party.
Agenda Item No. 16C4
December 12, 2006
Page 4 of 4
9. The COUNTY shall maintain the existing 8 foot high chain link. fence around the perimeter
of the trailer and will secure i1s gate.
10. The COUNTY shall be responsible for the expense in restoring the site to i1s previous
condition when the 1rai1er is removed.
11. The COUNTY shall provide the Principal of Laurel Oak Elementary with a key to all
locks in case of an emergency at the site
12. This agreement shall become effective upon approval by the majority vote of both the
SCHOOL BOARD and. the Board of County Commissioners.
13. Any utility requirements will be satisfied by the COUNTY at its expense.
14. The COUNTY will cooperate concerning any educational benefits for Collier County Public
School students that can be derived from the presence of the ozoriemonitoring system on
SCHOOL BOARD property.
IS. Amendments to this Agreement must be Ui writing executed on behalf of each party. This
Agreement is con1rolled by the laws of Florida. This Agreement shall be not assigned or
otherwise transferred by either party and any suoh attempt shall be void ab initio.
IN WITNESS WHBREOF ~ the parties hereto have cansed this Agreement to be executed by their
appropriate officials, as of the date first above written.
DISTRICT SCHOOL BOARD OF
COLLlER COUNTY, FLORIDA
~OO~
RA AKER.
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved to form and tal sufficiency:
~(,\A & ~
Assls nt County may
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
FRANK HAL6.S, Chairman
. Ril!/./IZ -
School Board Attorney
Agenda Item No. 16C5
December 12, 2006
Page 1 of 13
-
EXECUTIVE SUMMARY
Recommendation to convey a Utility Easement to the Water-Sewer District for five public
water supply well sites, associated pipelines, and access on the Collier County Fairgrounds
property at an estimated cost not to exceed $61.00, for the North East Regional Water
Treatment Plant Wellfield, Project Number 70899.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board)
convey a Utility Easement to the Board of County Commissioners of Collier County, Florida, as
the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water-Sewer District (District). The public purpose is to provide easements required for
the construction and maintenance of five well sites and associated utility infrastructure to supply
raw water to the North East Regional Water Treatment Plant (NERWTP) in order to meet demand
in the northeast area of the County.
CONSIDERATIONS: The intent of this action is consistent with the 2005 Update to the Water
Master Plan as adopted by the Board on June 6, 2006. Approval of this Easement will further the
process of providing public water supply. The pr~ject involves the construction and maintenance
of well sites and associated infrastructure that will provide a source ofraw water to supply the first
phase of the NERWTP.
--
There are a total of five well sites proposed for the Fairgrounds property. Four of these well sites
are located on that portion of the property leased to the Collier County Fair Board, and the fifth is
located between the agricultural center building and the EMS station located on Immokalee Road.
Well site and underground pipeline locations are identified on the attached location map. Staff
recommends that the Easement be conveyed at no cost to the District.
The Collier County Fair Board, as tenant, has expressed no objection to the proposed easement
locations. A copy of their letter of no objection is attached.
The attached Utility Easement has been reviewed and approved by the County Attorney's Office
as well as by the Public Utilities Division.
FISCAL IMPACT: The total cost will not exceed $61.00 for recording the Utility Easement.
Funds in the amount of $61.00 are available in the FY 07 budget for this action in Project 70899,
North East Wellfield. The FY 07 budget was approved by the Board on September 21, 2006.
Source of funds is Water Impact Fees (411). .
GROWTH MANAGEMENT IMP ACT: This project is consistent with, and furthers the goals,
objectives and policies of, the Collier County Growth Management Plan.
RECOMMENDA TION:
1.
That the Board approve, and authorize Chairman Halas to execute, the attached
Utility Easement; and
--
2.
That the District accept the attached Utility Easement; and
Agenda Item No. 16C5
December 12, 2006
Page 2 of 13
3. That the Board direct the County Manager or his designee to proceed to follow all
appropriate closing procedures and to record the Utility Easement in the Public
Records of Collier County, Florida.
Jason Bires, Property Acquisition Specialist
Real Estate Services/Facilities Management Department
PREPARED BY:
.......-..
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C5
Agenda Item No. 16C5
December 12, 2006
Page 3 of 1 3
Recommendation to convey a Utility Easement to the Water -Sewer District for five public
water supply well sites. associated pipelines, and access on the Collier County Fairgrounds
property at an estimated cost not to exceed $61.00. for the North East Regional Water
Treatment Plant Wellfield, Project Number 70899.
12/12/2006 9:00:00 AM
Date
Prepared By
Jason Bires
Administrative Services
Property Acquisition Specialist
Facilities Management
11/16/200612:50:11 PM
Damon Gonzales
Date
Approved By
Administrative Services
Interim Facilities Manager
Facilities Management
11/17/20069:49 AM
Approved By
Alicia Abbott, E.I.
Public Utilities
Project Manager
Public Utilities Engineering
Date
11/1712006 4:06 PM
Date
Approved By
Toni A. Mott
Administrative Services
Real Property Supervisor
Facilities Management
11/20120067:28 AM
Date
Approved By
William 0, Mullin, PE
Public Utilities
Principal Project Manager
Public Utilities Engineering
11121/20069:22 AM
Date
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
11127/20062:25 PM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
11/2812006 9:03 AM
Date
Approved By
James W. DeLony
Public Utilities
Public Utllities Administrator
Public Utilities Administration
11130120068:48 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/30/20062:12 PM
Susan Usl1er
Date
Approved By
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
121112008 11 :32 AM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
12/4/200611:39AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
121412006 7:03 PM
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Agenda Item No. 16C5
THE COllIER COUNTY AGRICOlTURAtcF_25;r~~
and EXPOSITION, INC.
Collier County Fair
751 39th Avenue N.E.
Naples, FL 34120
(239) 455-1444
Fax: (239) 455-6701
September 14, 2006
Alicia Abbott
Project Manager
Public Utilities Engineering Department
Collier County Public Utilities Engineering
3301 East Tamiami Trail, Building H
Naples, FL 34112
Subject
No Objection to Well Site Easements on the Fairground Property
Dear Ms. Abbott:
Thank you for reviewing the location of the proposed NERWTP Wellfie1d well site and
pipeline easements with us on August 11, 2006. This is to advise you that the Collier County
Fair Board has no objection to the establishment of easements for well sites, U$derground
pipelines, and other appurtenant infrastructure as shown on Attachment A.
Please let me know if you have any questions.
Very:?J7M
Ri~
Fair Board President
Document code
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Agenda Item No. 1 5
December 12, 2 06
Page 7 0 13
PROJECT: North East Wellfield
PROJECT NUMBER: 708991
FOLIO NUMBER: 00209840003
UTILITY EASEMENT
THIS EASEMENT, made and entered into this _ day of ,2006,
by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred
to as "Grantee".
WIT N E SSE T H:
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, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement for utility purposes and
access on the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes, well pumps and raw water wells, and other equipment
or improvements appurtenant thereto or thereunder for the purpose of constructing,
operating, and maintaining utility facilities thereon. The easement 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.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Frank Halas, Chairman
,Deputy Clerk
Approved as to form and
legal sufficiency:
_fUL V(~d/~
Ellen T..Chadwell
Assistant County Attorney
./
<;oJl(N GAl[ U1Al[S
OINT ..
P\..AllOC:*'.
fOoIG[.,
35.00'
...o.c.
_IT eooou
stenON '4.
~ '" SOUtH,
iltIINeE2"US'I
O.R. BOOK 1225
PAGES 2176-2'78
Vl
N8 '33'01" 3097,25'
'4',,[.
Pa
,...
'"
NOfftM QuAII1[It CORNE"
stC11Qfr1 '4.
r~ 1:s,1OUTH.
O.R. aOOK ,439
PAGES 925-927
35.00'
!:
1IAIOtWAVS or NoV'L!S
""'"
PlAT 110OI( JI.
PAe[ 12-77
CURVE TABLE
CURvE RADIUS DELTA LENGTH TANGENT CHORO CHORD BRG.
C1 28565.89 0'30' 5" 254.20 127.10 254.20 NO 06' r
C2 28565.89 0'47'10" 391.86 '95.93 391.86 NO 45'50"E
LINE
l1
L2
L3
=;l
I
I
LEGAl.. DESCRIPTION
A portion of Sections 11 and 14, Township 48 South, Range 27
East, Collier County, Florida. And being 0 portion of those lands
described in Official Records Book 1439, pages 925-927, and
Official Records Book 1225, pages 2176-2178 of the Public
Records of Collier County, Florida. Being more particularly
described os follows.
Commencing at the northwest corner of Section 14. Township 48
South, Range 27 East. Collier County, Florida. thence North
89' 30'51" East along the North line of said Section 14, a
distance of 75.28 feet to a point on the easterly line of those
lands depicted os Parcel 204 on the Right-of-Way mops for
Immokalee Rood S.R, 846 (Collier County Project No. 60018). also
being the POINT OF BEGINNING and the beginning of 0 curve to
the left, of which the radius point lies North 89'37'45" West, 0
radial distance of 28,565.89 feet; thence northerly along said
easterly line and the arc. through a central angle of 00'30'35", a
distance of 254.20 feet, and being subtended by a chord having
o bearing of North 00'06'57" East and 0 distance of 254.20 feet
to a point 15.00 feet southerly of, when mecsured at right
angles to, the South line of Golden Gate Estates, Unit 59, as
recorded in Plot Book 7, page 61, of the Public Records of
Collier County, Florida; thence North 89'33'0'" East parallel with
said South line, 0 distance of 3,123.74 feet to the easterly line
of those lands described in O.R. Book 1439, pages 925-927;
thence South 00'25',9" East along said easterly line, a distance
of 35.00 feet; thence South 89'33'01" West, a distance of
3,073.50 feet; thence South 00'25'19" East, a distance of 221.06
feet; thence South 01"09' 12" West, a distance of 863.79 feet to
o paint 50.00' feet northerly of, when measured at 0 right angle
to, the North line of Waterways of Naples, Unit 7, os recorded in
Plot Book 36, Pages 72-77, of the Public Records of Collier
County, Florida; thence North 89'33'0'" East parallel with said
North line, 0 distance of 3,097.25 feet to 0 point on the easterly
line of those lands described in O.R. Book 1439, pages 925-927;
thence South 00'25'19" East along said easterly line, 0 distance
of 35.00 feet to 0 point 15.00 feet northerly of, when measured
at 0 right angle to, the North line of said Waterways of Naples;
thence South 89'33'01" West parallel with said North line, a
distance of 3,148.23 feet to the easterly line of said Parcel 204;
thence North 0,'09',2" East along said easterly line, a distance
of 508.75 feet to 0 point of curve to the left having a radius of
28.565.89 feet and a central angle of 00'47'10"; thence northerly
along the arc a distance of 391.85 feet, and being subtended by
a chord having a bearing of North 00'45'50" Eost and a distance
of 391.86 feet to the POINT OF BEGINNING.
Containing 274,458 square feet or 6.3007 acres, more or less.
LINE TABLE
LENGTH BEARING
35.00 0 '19"
35.00 SOD' ,,"
75.28 N89'30'5'"
,
,...
I
.....- I
o 125 2~ ~oo 1000
GRAPHIC SCALE
SURVEYOR'S REPORT/NOTES
1. Basis of beori~g is State Plane
Coordinates Floridc East Zone North American
datum of 1983 with the North line of Section
14 being N.89' 30'5'" E.
2. This property is subject to any facls that
may be revealed with 0 full and accurate title
search.
3. No other persClns or entities, other than
those listed os e.clusive users may rely on
this survey.
4. All dimensions ore in feet ond decimals
thereof. unless otJ1erwise noted.
5. AI! easements -ore per plot, unless
otherwise noted.
6. Subject to easements. reservations ond
restrictions of record.
7. Reference to i>arcel. 204 & 804 ore
based on the Right-of -Way mops for lmmokolee
Rood S.R. 846 (Collier County Project No. 60018),
no recording "Information was provided.
LEGEND
POB = POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
AE = ACCESS EASEMENT
R/W = RIGHT-OF-WAY
SURVEYOR'S CERTIFlCATE
FOR THE EXClUSIVE USE OF:
COWER COUNTY GOVERNMENT
~FaR- THE FIRM)
This is NOT a Survey.
WiIs(Jn".er -~~=-.
,...,... ~.~.~........~. T~ClN:IIW
-.""
PlIO.IECT NOo: IH!EI'
04850-CDM-OOl 1 OF J
.aa:o...,......u.a.....,..I'llrt;ilMllHllt'.IIww ~."" ............... ............_
_ NlIX NOo:
I GG-42
IlEY:
NO\,! 14 ?nnR - 1 n~4R' ,., TO<;RORNF'lx\ <;1 )R\ r'l4A'i()\ fAIR~Rnl JNf)-~KNn\ 1 r.r;-4' rlwn
OOlOEN QAT[ mATtS
"NIT ..
~1 lOOK '.
PAGEII
_ "'l!'12'J,n
'""74'
~~----------r~~--~
LOO4 -1 lI'IPWNI: C(llIlftIOOIt ~:W
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SOUTHIitST -l
~1~5OUTt1, r
IWCt 27 EASY 1
I r
,
"""""-'04~:1
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': L _ __ _L":"'_~____ ---- ----- ---
-- -1 --- --
I - = ~.~!:::: = -
_TElNfATSOF~S
lMlt7
l'UT lIQOl{ 36.
H.Ct 12-71
OR, IODIC \2:t!o
P.ctS 2111..2'"
,
/III
I
~ I
o 12~ 2~O SOO 1000
GRAPHIC SCALE
L.ECAL DESCRlPnON
A portion of Section 11, Township 48 South,
Range 27 East, Collier County, Florida. And being
a portion of those lands described in Official
Records Book 1225, pages 2176-2178 of the
Public Records of Collier County, Florida. Being
more particularly described as follows.
Commencing at the southwest corner of Section
11, Township 48 South, Range 27 Eost, Collier
County, Florida. thence North 89"30'51" East olong
the North line of said Section 14, 0 distance of
1895.74 feet; thence leoving said North line North
00'29'09" West, 0 distance of 168.04 feet to the
POINT OF BEGINNING; thence South 89"33'01"
West, a distance of 120.00 feet; thence North
00"26'59" West, a distance of 50.00 feet; thence
North 89"33'01" East, a distance of 120.00 feet;
thence South 00"26'59" East, 0 distonce of 50.00
feet to the POINT OF BEGINNING.
Containing 6,000 square feet or 0.1377 acres,
more or less.
E.,
l - - J
ttOlUH Cll.WfC[ft CClItH[lIII
SECTIONl4,
10WNSHP ... lOUTH,
RANG[ 21 f.ASl
0,'" 800K HIJI
PAGIS '>>-1:17
LINE TABLE
LINE LENGTH ARING
L7 120.00 N '01'
Le 50,00
L9 120.00 S I"W
Ll0 50.00 N '"w
I
I
I
SURVEYOR'S REPORT/NorES
1, Basis of bearing is Stoile Plane Coordinates
Florida Eost Zone North Americon datum of 1983
with the North line of Sedlian 14 beinlj
N.89"30'51" E.
2. This praperty is subject ta any focts that may
be revealed with a full and accurate title search.
3. No bther persons ar entities, other than those
listed os eKclusive users may rely on this survey.
4. All dimensions ore in feet and decimals
thereof, unless otherwise noted.
5. All easements ore per plat, unless otherwise
noted.
6. Subject to easements. reservotions and
restrictions of record.
7. Reference to Porcels 2b4 & 804 are based on
the Right-af-Way mops for Immol<alee Rood S.R. 846
(Collier County Project No. 60018),
no recording informotion was provided.
LEGEND
POB = POINT OF BEGINNING
POC .. POINT OF' COMMENCEMENT
AE = ACCESS EASEMENT
UE .. UTILITY EASEMENT
R/W.. RIGHT-OF-WAY
SURVEYOR'S CERTIFICATE
FOR THE EXQLUSIV!: USE OF:
COLLIER COrTY GOVERNIolENT
jJ
DAVID J. HY . P.S.
FLA. LIC. NO 5834
NOT VALID W.HOU THE SIGNATURE AND
THE ORIGINAL: RAISED SEAL or A FLORIDA
L1CENSEO SURvEYOR AND MAPPER
This is NOT a Survey.
WI'.",.., _'"1:';.;::.::....
.-.....no.~.~..,...,.,...~.......~~
_.M
11IM
,., , 4. ?noF. - nR','Fi~1? TnSRORNFlx'\ Sl lR\ 04R"n\ FA.IR~Rni INn-<;Kkn\ lr.r.-4.'-47 rlwn
PRlloIECI' Nlll IHIEl'
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""" ..
fl\AllOOK '.
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16C5
,2006
of 13
r~~-----------r.--------
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l~ 4& SOUTH.
IWQ 2'1' E.IlS1
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~I~. SOUTH. I
ItIlNG( 21 (ASl I I
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I I PROPOSal JS O'
I : L _ _ _ _ L~co:": _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- - --1 ~:~ ---
-- -- --
_TI....YS Of NAPLES
""" 7
Pl.AT8OOIC:M.
PNX 72-1'
D.R. IDOIt 122)
PfrG(S nn-2lf,
~
!llIIi
I
I _ I
o 125 250 soa 1000
GRAPHIC SCALE
I.EGAL DESCRlP110N
A portion of Section 11, Township 48 South,
Range 27 East, Collier County, Florida. And being 0
portion of those lands described in Official Records
Book 1439, pages 925-927 of the Public Records of
Collier County, Florida. Being more particularly
described os follows.
Commencing at the southwest corner of Section
11. Township 48 South, Range 27 East, Collier
County, Florida. thence North 89'30'51" East along
the North line of said Section 1 4, 0 distance of
2733.44 feet; thence leoving said North line North
00'29'09" West, 0 distance of 167.51 feet to the
POINT OF BEGINNING; thence North 00'26'59" West,
o distance of 50.00 feet; thence North 89'33'01"
East, 0 distonce of 120.00 feet; thence South
00'26'59" West, 0 distance of 50.00 feet; thence
South 89'33'01" West. 0 distonce of 120.00 feet
to the POINT OF BEGINNING.
Contoining 6,000 square feet or 0.1377 acres,
more or less.
E.,
LINE
L3
L'
L5
L6
LINE TABLE
lENGTH BEARING
120.00' . ,'w
50.00 N 6'S9'W
120.00 N '0"
50.00 6'5 'W
I
I
I
SURVEYOR'S REPORT/NotES
,. Basis of bearing is State Plane Coordinates
Florida East Zone North American datum of 1983
with the North line of Secltion 14 being
N.B9'30'5'"E.
2. This property is subject to any facts that may
be revealed with 0 full ond occurate title search.
,3, No other persons or entities, other than those
listed os exclusive users may rely on this survey.
4. All dimensions ore in feet and decimals
thereof, unless otherwise noted.
5, All easements are per plot, unless otherwise
noted,
6. Subject to easements, reservations and
restrictions of record.
7. Reference to Porcels 204 & 804 ore based on
the Right-of-Way mops for Immokolee Rood S.R. 846
(ColI;er County Project No. 60018),
no recording information .os provided.
LEGEND
POB = POINT OF BEGINNING
POC = POINT OF' COMMENCEMENT
AE = ACCESS EASEMENT
UE = UTILITY EASEMENT
R/W = RIGHT-OF-WAY
SURVEYOR'S CERTIFICATE
FOR THE EXCLUSIVE USE OF:
COLLIER COUNTY GOVERN"'ENT
HYATT,
FLA. LIC. NO; 3.
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAlSED SEAL OF A FLORIDA
LICENSED SURVEYOR ANa MAPPER
This is NOT a Survey.
Wil...., _~r.;::'::"M
ftfMtn.~.~.......,......~~.~~
_,tic.
oUO:l....,........... ...,.,.................,.".... ..........~,.,.,....,....... ---...._
.t 1'; ?onn - 14.nn.47 TnC::;R()RNFlx.\ SI!R\ n4.RSn\F"AIRr.ROlJNn_o;Kkn\ 1(;(;_4.,\_47 nwn
I'RllolECr NO: SHEEr
04850-CDM-OOI I OF I
IIf.Y:
llMIIIlll .-x Nllt
IGG-44
COU)[" OAt( [stATU
.... ..
,.,.T IIOQIl( '.
_II
16C5
,2006
of 13
-~~----------r~~~-----
L80~ PIPtUtf( COMlOOR
O,LII. lOOK 1'8
PACES '176-21"
,... AL.
....~YS or NAI"lll
UNn,
P\.AT IQOl{ )e.
~n-n
~
,...
I
~ I
o '2~ 2S0 ~O 1000
GRAPHIC SCALE
LEGAL DESCRlPTlON
A portion of Section 14, Township 48 South,
Range 27 Eost, Collier County, Florida. And being
o portion of those lands described in Official Records
Book 1225. pages 2176- 2178 of the Public Records
of Collier County, Florida. Being more particularly
described os follows.
Commencing ot the northwest corner of Section
14, Township 48 South. Range 27 East, Collier
County, Florida. thence North 89'30'51" East
along the North line of said Section 14, a
distance of 174.21 feet; thence leaving soid
North line South 00'29'09" East, a distance of
1.35.49 feet to the POINT OF BEGINNING; thence
South 01'09' 12" West, a distonce of 120.00
feet; thence North 88'50'48" West, 0 distonce of
50.00 feet; thence North 01'09' 12" East, 0
distance of 120.00 feet; thence South 88'50'48"
Eost, a distance of 50.00 feet to the POINT OF
BEGINNING.
Containing 6,000 square feet or 0.1377 ocres,
more or less.
E"
l - - J
NOMH 0UAltft" CDIIN(II!
'E;eTlOH 14.
1'0WNIHlP .. 'SOUTH.
IWlG( 27 EAST
~~~::f
LINE T.. E
LINE LENGTH BEARING
L11 120.00 iii" ., ,
L12 50.00 '4
L13 120.00 ,. " 'w
l14 50.00 '4 'w
\
I
I
SURVEYOR'S REPORT/NOIES
1. Basis of bearing is Stcte Plane Coordinates
Florida East Zone North American datum of 1983
with the North line of Section 14 being
N.89'30'51"E.
2. This property is subjecl to any facts that may
be revealed with 0 full and accurate title search.
3. No other persons or entities, other than those
listed os exclusive users may rely on this survey.
4. All dimensions ore in feet and decimals
thereof, unless otherwise tloted.
5. All easements are per plot. unless otherwise
noted.
6. Subject to easements, reservations and
restrictions of record.
7. Reference to Parcel. 204 & 804 are bosed on
the Right-aI-Way mops for Immakalee Rood S.R. 846
(Collier County Project No. 60018),
no recordinQ information wos provided.
LEGEND
POB - POINT OF BEGINNING
POC - POINT Of' COMMENCEMENT
AE = ACCESS EASEMENT
UE - UTILITY EASEMENT
R/W - RIGHT -OF-WAY
SURVEYOR'S CER11F1CATE
FOR THE EXCLUSIVE USE OF:
COLLIER COUNTY GOVERNMENT
This is NOT a Survey.
W1_M"., _T~=-_
........~.~..,.,.,.,.~..,.......~~
-,....
..,....,.......... . ....,............. . """" ............ ... ........ ....... ---.........
-t Hi. 'non - 14'00'47 TO~AflRNf'I)('\~IJR\n4P,~O\FAIRr.RnllNn-C;KArn\ 1l',;r._4~_.47 rlwn
PIIO.lECl' NllI IHEEl'
04650-CDM-OOl I or I
IlIYl
__ MIX NllI
IGG-4S
GOl.O(JIl CArt [SlAlES
""""
IIUTIlOOI(7.
...."
16C5
2006
of 13
-~~----------r~~-----
L804~ I'IHI.IJC t:OMtIOOft
I
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I N8V30~I'E
f1.o.e. il -'05.2.w' 1-
--.sT """"'" I
~'~.~~ I I
IWIC[ 2' EAS1 I j :
: I o. 1000< ""
~ I P4" ",".","
PoIlttl. >D' II' ~IS
I ~Ill,
~ : I I :-
: i IL-- ~_-- -=f:":"-:-: -- ;~ -- -- -=~ -= -- ----
....TtfrliIlIt,'\'S OF HAPl.U
lJIoIlt7
"-"1 !IQOI( 36.
PllG(72.77
~
IlIll
I
~ I
o 12:S 2~ 5<lO tOOO
GRAPHIC SCALE
LEGAl.. DESCRIP110N
A portion of Section 14, Township 48 South,
Range 27 East. Collier County, Florida. And being a
portion of those lands described in Official Records
Book 1225, pages 2176-2178 of the Public Records
of Collier County, Florida. Being more particularly
described os follows.
Commencing at the northwest corner of Section
14. Township 48 South, Range 27 East, Collier
County, Florida. thence North 89'30'51" East along
the North line of said Section 14, 0 distance of
1052.68 feet; thence leaving said North line South
00'29'09" East, a distance of 815.94 feet to the
POINT OF BEGINNING; thence North 89"33'0'" East,
o distance of 120.00 feet; thence South 00'26'59"
East, a distance of 50.00 feet; thence South
89' 33'01" West, 0 distance of 120.00 feet; thence
North 00'26'59" West. 0 distance of 50.00 feet to
the POINT OF BEGINNING.
Containing 6,000 square feet or 0.1377 acres,
more or less.
T _::....,,-:.... J
l stcTJON 14,
'~"lI' .1 SOUTH.
lIW4GE27PS'T
O.lt IOOlC lOt
I'JlOII, 12~-ti7
LINE TAIILE
LINE LENGTH BEARING
L15 120.00 9' J' ,"W
L16 50.00 r:r 6'5 "E
L17 120.00 N 9'3 . ,.
LIB 50.00 NO 6'59"W
I
I
I
SURVEYOR'S REPORT /NOI'ES
1. Basis of bearing is Stale Plane Coordinates
Florida East Zone North American datum of ,983
with the North line of Section 14 being
N.89'30'5'" E.
2. This property is subject ta any tocts that may
be revealed with 0 full and accurate title search.
3. No other persons or entities, other than those
listed os exclusive users may rely on this survey
4. All dimensions ore in feet and decimals
thereof, unless otherwise noted.
5. All easements ore per plot. unless otherwise
noted.
6, Sub;:ect to easements, reservations and
restrict:or.s o~ record.
7. Reference to Parcels 204 & 804 ore based on
the Right-of-Way mops for lmmokolee Rood S.R. 646
(Collier County Project No. 80018),
no recording informolion *os provided.
LEGEND
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
AE = ACCESS EASEMENT
UE = UTILITY EASEMENT
R/W = RIGHT-O,-WAY
SURVEYOR'S CERTIFICATE
FOR THE ExCLUSIVE USE OF:
COLLIER COUNTY GOVERNMENT
DAVIO J. (FOR THE FIR"')
FLA. LIC. No..- BJ4
NOT VALID WITHOUT ~ TKE SIGNATURE AND
THE ORIGiNAl RAISED SEAL OF A FLORIDA
LICENSED Sl.fNEYOR AND lAAPPER
This is NOT a Survey.
Wi/.Miler _~:'='=-M
I'Wrrf .~. ~. .....,..,.~..,..... ~~
-,*,<-
3ZI:l"'" .. ... &II . .... "'** MIHSt' . I'llcIII .......... ,'" ....... ....... ...........-
.t 1 fi ?OOfi - 141.()() 47 TOC:;RliRNf"lx.\ SlJR\ n4p,~('J\ FA[R~R()IINn_ c,KNn\ , r,r;-4.'-4 7 rlwn
PIIQJECf NO: IHEEl'
04850-CDId-OOI I OF I
IlEY:
IlMIlNO .. NO:
IGG-..t
OOlDEN lOAl( (SlATES
U'"' ..
I'UT (lOOK 7.
....."
16C5
,2006
of 13
"")0')1.(
~\ii.i.., .
-I~~----------r~~-----
LIO~ ~L1H(COfIIIhDOlt
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PlAT lOOK 3&.
PAGE 1;1-71
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o 12' 250 500 1 DOC
GRAPHIC SCALE
LEGAL DESCRIPTION
A portion of Section 14, Township 48 South,
Range 27 East, Callier County, Florida. And being 0
portion of those lands described in Official Records
Book 14.34, pages 925-927 of the Public Records of
Collier County, Florida. Being more particularly
described os follows.
Commencing at the northwest corner of Section
14, Township 48 South, Range 27 East, Collier
County, Florida. thence North 89'30'51" East along
the North line of said Section 14, 0 distance of
2118.84 feet; thence leaving said North line South
00'29'09" East. 0 distonce of 816.61 feet to the
POINT OF BEGINNING; thence North 89'.3.3'01" East,
a distance of 120.00 feet; thence South 00'26'59"
East, 0 distonce of 50.00 feet; thence South
89' .3.3'01" West, a distance of 1 20.00 feet; thence
North 00'26'59" West, 0 distance of 50,00 feet to
the POINT OF BEGINNING.
Containing 6,000 square feet or 0.1.377 acres,
more or less.
E.,
1: - - J
HOMH OUloIftElt COItJIl(R
HetO U.
TOMdM" 41 'SOIITH,
1UoHGt21tAST
C......IIOCMC 143.
"AGD 125-'27
LlNE TABLE
LlNE LENGTH BEARING
U9 120,00 9" T"W
L20 50.00 SOO' '59" E
L21 120.00 N 9' . 1"
L22 50.00 N 0' 6' "w
I
I
I
SUR\lEYt)RfS REPORT/NOlES
1. Basis of bearing is State Plane Coordinates
Florida East Zone North American datum of 1983
with the North line of Section 14 being
N.89"30'51"E.
2. This properly is subject \0 any facts that may
be revealed with 0 full and accurate title search.
3. No other persons or entities, other than those
listed os exclusive users ,,",oy rely on this survey.
4. All dimensions ore in feet and decimals
thereof. unless otherwise noted.
5. All easements ore per .plat, unless otherwise
noted.
6. Subject to eosements, reservations ond
restrictions of record.
7, Reference to Parcels 204 & 804 ore based on
the R;gh\-of-Woy mops for Immokolee Rood S,R. 846
(Collier County Project No. 80018),
no recording information .OS provided.
LEGEND
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
AE = ACCESS EASEMENT
UE = UTILITY EASEMENT
R/W = RIGHT-OF~WAY
SURVEYOR'S CERTIFICATE
FOR THE ExCLUSIVE USE OF:
COLLIER COUNTY CO\IERNMENT
,
DAVID J. HY . (FOR THE FIRM)
FLA. LIC. N 583
NOT VALID "";THOUT THE SIGNATURE AND
THE ORIGINAl: RAISED SEAL OF A FLORIDA
LICENSED S\..I!IIEYOR AND MAPPER
This is NOT a Survey.
WI.Mller --,:'=.=--
,..,.....~.~...,.,..~~.~~
WIt_."""
..,...,-.-.....,............NI:IHIlQ1.".. ...........,... ..,.,...,....... -.......-
~t Hi. ?nOFo - 14.nn.47 T{)SRnRNFlx.\~I)R\()4p.':::.n\FAIRr.R()jJNn-C;Kkn\ 1r.r.-4:~-47 rlwn
M),ECT NOr IHEEr
046S0-CDltI-OOl 1 OF 1
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Agenda Item No. 16C6
December 12, 2006
Page 1 of 28
--
EXECUTIVE SUMMARY
Approval of agreement with the South Florida Water Management District to
monitor ground water in Collier County in the amount of $337,601 and the
associated budget amendment.
OBJECTIVE: To have the Board of County Commissioners approve the attached staff
recommended Agreement between the County and the South Florida Water Management
District (Agreement No. OT061 098) and associated budget amendment.
CONSIDERATIONS: This agreement provides that the County's Pollution Control &
Prevention Department (PC&PD) will monitor seventy three (73) ground water sites
semiannually for three years. An annual assessment report will be generated to
investigate effects of land use on groundwater quality and for development of watershed
management strategies for protection of groundwater quality in Collier County. Two
vehicles will be purchased with a portion of these funds due to PC&PD having only
seven (7) vehicles and ten (10) field employees. Currently PC&PD has been borrowing
vehicles from other departments to complete necessary field work.
.-
FISCAL IMPACT: This Agreement will fund the County up to $337,601 over a three
year period beginning in Fiscal Year (FY) 2007. This allows for $108,150 for FY07 with
4% annual increases for FY08 ($112,476) and FY09 ($] 16,975). Payments will be
received from the South Florida Water Management District (SFWMD) semiannually
based on completion of the County's required deliverab]es as specified in the
Agreement.
The FY07 revenue of $108,150 will be recognized in Water Pollution Control Fund
(Fund 114) through a budget amendment. This revenue will be utilized to purchase two
(2) additional vehicles and to upgrade the Pollution Control's laboratory's air ventilation.
Revenue for FY08 ($112,476) and FY09 ($116,975) will be budgeted in Fund 114 and
will continue under Fund 114 for the remainder of the three year Agreement.
GROWTH MANAGEMENT IMP ACT: The scope of the Agreement complies with
and is consistent with the requirements of the Conservation and Coastal Management
Element Objective 3.4 and the Natural Groundwater Aquifer Recharge Sub-element
Objective 1.3 of the Growth Management Plan relative to ground water quality
monitoring.
-.
RECOMMENDA TION:
(1) Staff is recommending that the Board of County Commissioners approve the
attached Agreement (No. OT061098), whereby the South Florida Water
Management District will pay the County's Pollution Control & Prevention
Department a total sum of money (not to exceed $337,601) to monitor ground water
in Co lIier County for three years beginning in Fiscal Year 2007.
(2) Approve the necessary budget amendment to provide sufficient funds III the
appropriate expenditure categories for this obligation.
Prepared By: Rhonda J. Watkins, Principal Environmental Specialist
Pollution Control & Prevention Department
,...."'-,
,.-
Agenda Item No. 16C6
December 12, 2006
Page 2 of 28
Agenda Item No. 16C6
December 12, 2006
Page 3 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16C6
Approval of agreement with the South Florida Water Management Districlto monitor ground
waler in Collier County in the amount of $337,601 and the associated budget amendment.
12/12/200690000 AM
Item Number:
Item Summary:
Approved By
Ray Smith Director Date
Public Utilities Pollution Control & Prevention 11/28/200611:41 AM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 11128/20062:32 PM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 11/30/20069:05 AM
Approved By
OM B Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 1113012006 2: 15 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 12/1/200611:17 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 12/412006 9:22 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 12/5120068:04 PM
,
8
Agenda Item No. 16C6
December 12, 2006
Page 4 of 28
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. OT061 098
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of the
Management District (DISTRICT) and Collier County (COUNTY).
by and between the South Florida Water.
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for the Collection
and Analyses of Groundwater Quality Samples; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS. the Governing Board of the DISTRICT at its August 09, 2006 meeting, approved entering
into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1.
The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exlu'bit <<A" attached hereto and made a part hereof, subject to availability of funds and in accordance with
their respective authorities for collecting and analyzing groundwater samples from seventy (70) established
stations and three (3) random stations within the Big Cypress Basin.
The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of ~) Years. ~ '1/.u ~h
"Thce-e. (3) r
The total DISTRICT contribution shall not exceed the amount ofThre undred Thirty-Seven Thousand
Six Hundred One Dollars and No Cents ($337,601.00). The DISTRICT will provide the full amount based
on the Payment and Deliverable Schedule set forth in Exlu'bit "B", which is attached hereto and made a part
of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support
actual expenditures within the not-to-exceed AGREEMENT funding limitation of $337,601.00). In no
2.
3.
Agreement No. OT061098 - Page 1 of 5
If
Agenda Item No. 16C6
December 12, 2006
Page 5 of 28
4.
event shall the DISTRICT be liable for any contnbution herewder in excess of this amount. If the total
consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each
applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation.
In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT
shall terminate upon expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of
the final DISTRICT budget for each subsequent fisCalJyear if funding is not approved for this
AGREEMENT. . - - \ f/:,. "l ~:/:.(,
SeA"\, ItC\nVWM
The COUNTY shall submit ~lIel'terfj financial rts to th DIS CT providing a detailed accounting
of all expenditures' incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5.
The COUNTY shall cost share in the total amount of Three Hundred Forty-Two Thousand Three Hundred
Ninety-Nine Dollars and No Cents ($342,399.00) in conformity with the laws and regulations governing
the COUNTY.
6.
All work to be performed under this AGREEMENT is set forth in ExhIbit "A", Statemen;l~~~ ~ \ - \
is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit rogress OJ'C\u,a.\
reports detailing the status of work to date for each task. The work specified in ExhIbit "A" shall be under ~
the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work .
set forth in Exhtbit "A" shall be performed beyond the expiration date of the Agreement unless authorized q ~ /6'
through execution of an amendment to cover succeeding periods.
7.
The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded
through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or
transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's
Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the paymei1t of all monies due under any subcontract. It
is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for
any expenses or liabilities incurred under the subcontract(s).
8.
Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but
not limited to, all documents, technical reports, research notes, scientific data, computer programs,
including the source and object code, which are developed, created or otherwise originated hereunder by
the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exb.1bit "A",
Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include
the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no
additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware
purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY.shall retain all ownership to tangible.
property.
9.
The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent acts or omissions of the COUNTY and the officers,
employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's
Compensation and liability insurance, covering bodily injury, personal injury and property damage, with
such protection being applicable to the COUNTY, its officers and employees while acting within the scope
of their employment during performance of under this AGREEMENT. In the event that the COUNTY
subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and
every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required
by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the
COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all
damages arising in connection with the COUNTY's subcontract.
Agreement No. OT061098 - Page 2 of5
.
Agenda Item No. 16C6
December 12, 2006
Page 6 of 28
10.
The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28,
Florida Statutes.
11.
The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship o1her than that of
independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or
assigns, during or after 1he term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12.
The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be o1herwise
subjected to discrimination in any activity under this AGREEMENT.
13.
The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
10ca1laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
14.
Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party. In the event of termination, all fiIilds not expended by the COUNTY
for authorized work performed through the termination date shall be returned to the DISTRICT within
sixty (60) days of termination.
15.
The COUNTY shall allow public access to all project documents and materials in accordance with 1he
provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
16.
The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The
COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or performance of this AGREEMENT including
supporting documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the
final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contnbution includes state or federal appropriated funds, the COUNTY shall,
in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and
Agreement No. OT061098 - Page 3 of 5
,
Agenda Item No. 16C6
December 12, 2006
Page 7 of 28
similarly require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as
set forth in Exln"bit "Cn. The COUNTY shall maintain all fmanciallnon-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
CbiefFinancial Officer and the state's Auditor General and/or federal awarding agency shall have the right
to examine the COUNTY's financial and non-fmancial records to the extent necessary to monitor the
COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate
corrective actions have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the
attention of the following individuals:
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 334164680
Collier County ,~ _ i ~_ \ '
WRggal Rise_ss B...pl 'Pbl\\..\.-non ~\ ~
Attn: Raymond Smith, Project Manager ~('eAf~-\)'ot'\
Telephone No.: (239) 732-2502 P<<:f1-.
Address: ..t:lJvj '( Io.(;./O(
3301 East Tamiami Trail, Bldg. H ..,-u - r
Napks.FL~~~~~ ~~/~l,./or.
South Florida Water Management District
Attn: Ananta Nath, Project Manager
Telephone No.: (239) 597-1505 ext. 7607
Attn: Rupert Giroux, Contract Specialist
Telephone No.: (561) 682-2532
Attn.: Accounts Payable (Invoices)
19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not
suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT sball inure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties.
The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, ifrequired.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, COUNTY or circumstance during the term hereof, by force of any statute, law, or ruling of
any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
Agreement No. OT061 098 - Page 4 of5
Agenda Item No. 16C6
December 12, 2006
Page 8 of 28
AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve
the other party from performing any subsequent obligations strictly in accordance with the terms of this
AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver tmless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of this AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 24 .
(b) Exlnbit "A" Statement of Work
( c) all other exlnbits, attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden. Procurement Director
SFWMD moc~~~~
By: ~~ ~
Date, ~ ~ '
f:trr'\ L
A'l"'t.8r
. Dbulrl..... ~-
BOARD OF COUNTY COMMISSIONERS,
COLUERCOUNTY, FLORIDA
By:
BY:
FRANK HALAS
~~~~
~
'--.""~
1~~:~.<.. .Q ,~
'~~A~~
Title: Chairman
Agreement No. OT061098 - Page 5 of5
Agenda Item No. 16C6
December 12, 2006
Page 9 of 28
EXHIBIT" A"
STATEMENT OF WORK
COLLECTION AND ANALYSES OF GROUNDWATER QUALITY
SAMPLES IN COLLIER COUNTY
1.0 INTRODUCTION AND BACKGROUND
The natural flow and quality of groundwater is key to the protection of Collier County's water
supply. The southwest coast of Florida has experienced robust growth in the form of both
agricultural and urban-suburban development. A major concern of this rapid growth is its effect
on ground water quality. Long-term, systematic monitoring is a powerful tool used to identify
problem areas and provide a clear understanding of baseline conditions.
This Agreement between the South Florida Water Management District (District) and Collier
County Pollution Control (County) provides for collection and analysis of ground water quality
at 73 well locations within Collier County. This data will be used to investigate effects ofland
use on groundwater quality and for development of watershed management strategies for
protection of groundwater quality in the Big Cypress Basin watershed.
2.0 OBJECTIVES
The primary objectives of this Agreement are to 1) continue to obtain data of acceptable quality
to evaluate the water resources within the Big Cypress Basin; 2) partner with a local government
to execute a routine regional monitoring effort; and 3) reduce District monitoring and laboratory
work loads.
3.0 SCOPE OF WORK
The scope of this contract involves collection and analysis of groundwater samples from seventy
(70) established stations and 3 random stations within the Big Cypress Basin's watershed semi-
annually. The data for the analysis of the samples will be compiled in an annual report for
submittal to the Big Cypress Basin Board of the South Florida Water Management District for
each of the three years of effort.
4.0 WORK BREAKDOWN STRUCTURE
The Work break down structure described below provides the typical sampling, analyzing and
reporting tasks to be performed each of the three years of this contract.
Task 1: Collection and Analysis of GW Quality samples with Control/Quality
Assurance (QA/Qc) Requirements
Page 1 of 19, Exhibit "A", Agreement OT061098
Agenda Item No. 16C6
December 12, 2006
Page 10 of 28
The County will collect and analyze groundwater samples from. 73 sites in the Big Cypress
Basin listed in Table 3 and Map I. Project specific requirements for groundwater sample
collections of physical variables, nutrients, major ions, trace metals, and biological parameters,
as well as, the methods and minimum detection limits for all laboratory parameters are given in
Table 4 All sampling and analytical protocols shall follow the FDEP Quality Assurance Rule 62-
160 Florida Administrative Code (F.A.C.). The County shall follow the FDEP standard operating
procedures (SOP's) for sample collection. Any variance shall be approved by FDEP and must be
pre-approved in writing by the District Project Manager prior to implementation.
The County shall submit a Field Quality Manual (FQM) for District approval within 1 month of
contract execution and shall be responsible for following the requirements under F.A.C. 62-160
(FDEP Quality Assurance Rule). It is required that the FQM shall be kept current with FDEP
SOP updates as they occur and the updated FQM shall be submitted to the District for an annual
review if there are any changes.
All field activities including on-site tests and sample collection shall follow all applicable
procedures described in FDEP-SOP-001l01 (February 1, 2004). Alternate field procedures may
be used only after they have been approved according to the requirements of Rules 62-160.220,
and 62-160.330, F.A.C and approved by the District Project Manager.
The County's laboratory shall be National Environmental Laboratory Accreditation Program
(NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH)
under Chapter 64E-1, F.A.C., where such certification is required by Rule 62-160.300, F.A.C.
The laboratory shall be certified for all specific method/analyte combinations that are analyzed
for this project. Alternate laboratory methods may be used only after they have been approved
according to the requirements of Rules 62-160.220, and 62-160.330, F.A.C and approved by the
District Project Manager. An updated NELAP approved Laboratory Quality Manual (LQM) and
NELAP certificates shall be submitted to the District within one month of contract execution.
Any changes or updates to the Quality Manual must be provided to the District within 1 month
of the effective date of the update. The County's laboratory shall notify the District Project
Manager immediately if it or its subcontractor loses certification for any parameter(s) analyzed
for this contract and work may only be continued at the discretion of the District Project
Manager.
District QA staff may assess the County's performance as desired. For example, District staff
may conduct laboratory and field sampling audits, submit blind and split samples for analysis,
and review analytical and field sampling methods. In addition, the County's laboratory shall
participate in Round Robin and laboratory performance evaluation and split sampling exercises at
the District's request. The District may require copies of laboratory bench notes during audits and/or
when necessary to evaluate data.
When requested, the laboratory shall provide the District with results of all performance evaluation
and Round Robin studies in which it participates, as weli as audit reports. The District may also ask
for MDL studies and QC charts during the duration of the agreement The laboratory shall not
change analytical methodologies without prior written approval from the District. If the
Page 2 of 19, Exhibit "A", Agreement OT061098
Agenda Item No. 16C6
December 12, 2006
Page 11 of 28
laboratory's proposed method is not listed in the approved LQM, they shall provide an FDEP-
approved Method Validation package for each method.
The minimmn quality control requirements for all tests are those that are specified in the
County's LQM unless specified as otherwise by the District. The qualification of data will be
based on the limits set in the County's LQM and those criteria specified in the following:
. Data that are between the MOL and the Practical Quantitative Limit (PQL = 5 x MOL)
should be qualified by the County with an (I),
. Verify that the method blank recoveries are <MOL. If not, qualify data results with
concentrations falling between the PQL and MOL with a (J),
. Verify that field quality control samples (i.e. EB, FCEB, etc.) are <MOL. Blanks that do
not pass this criterion are confirmed through rework; data for the blank and associated
samples that may be affected are flagged. Values are generally considered affected if
they are less than (<) 5x's the blank value,
. Calibration of instruments must be bracketed around expected sample concentrations.
The lowest calibration standard must be no more than 2 x MOL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in
the analysis or too low that it would necessitate dilution of a large nmnber of samples,
. All documentation must be neat, complete and organized so as to allow reconstruction of
both collection and analysis in the event of legal proceedings.
The County shall provide all data associated with analyses. The District may refuse payment for
data that do not meet the County's or DistrictJFDEP quality assurance/quality control criteria.
Task 2:
Data Transfer
Data Format for Deliverables
The data shall be submitted to the District in a specific digital format. The County shall evaluate
the data in accordance with the data quality objectives stated in the FQM. All data submittals
shall conform to existing District guidelines or other format as requested by the District. It is
strongly recommended that the County maintain an on-site electronic database of all data collected
throughout the life of the project. For all sample matrices, the data shall be submitted in electronic
formats on CD. Laboratories working under direct contract for the District shall be requested to
implement Automatic Data Processing Tool (ADaPT), which will be provided by the District.
Laboratory Receipt and Result Electronic Data Deliverables (EDD) shall be required to be
ADaPT submittals. ADaPT is:
A Microsoft ACCESS based electronic data deliverable (EDD) review and validation tool
program adopted by both FDEP and the District. This tool aids in processing analytical data,
validating format and completeness, checking the data quality and compliance with the method
and data quality objectives for all analytical data submitted to the District.
Page 3 of19, Exhibit "N', Agreement 01'061098
Agenda Item No. 16C6
December 12, 2006
Page 12 of 28
The District requires laboratories to utilize the ADaPT software to perform its own automated
data review soon after analysis is complete. The laboratory version reads the EDD, checks it
against the EnD specifications and against an electronic Quality Assurance Project Plan library
for errors. If any error is found it allows and facilitates its correction. After all errors are
corrected, it allows for the EDD to be exported as a .txt or .csv file to be delivered to the District
QAlProject Manager.
Copies of the validation tools software (ADaPT) will be provided to the County upon request.
Data for analysis conducted by the County will be provided to the District as EDDs with the
annual reports following the format guidelines in Table 1. When District staff detects problems
with sample results, the District will notify the County in writing. The County shall identify
probable cause(s) of the problem(s) and submit a written response to the District within two (2)
weeks. The District reserves the right to request changes in data format during the duration of
the contract.
Laboratory Receipt Deliverable
Upon receipt of samples at the laboratory, the County shall generate a laboratory receipt file for
delivery to the District's QA unit. This file will be forwarded to the District monthly during
months when samples are collected. The laboratory receipt file format will be verified through
ADaPT. The County shall forward the verified version of the receipt file generated by the
ADaPT software to a pre-determined list of District staff which will include the District's Project
Manager. The file naming convention should be "A" + Contractor FDOH ill + Date
(YYYYMMDD) generated + sequence, e.g. A-E12121-2001120l-1. The District will provide
the County with a list of recipients for this email notification.
Laboratory Results Deliverable
The County shall perform analysis and provide results in the format outlined in Table 1. The
EDD file shall be verified by the County for format and project requirements using ADaPT. The
County shall notify the District of any errors or inconsistencies found by ADaPT and the District
will correct these errors. Any unresolved issues are documented through the ADaPT tool. The
EDD shall include data for samples submitted to the County as well as laboratory quality control
samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or
duplicate samples. EDD's shall be submitted with the annual report and are due on September
1st of the following the wet season (Aug-Oct) and dry season (Feb-Apr) sampling.
Page 4 of 19, Exhibit "A", Agreement OT061 098
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Field Data De/iverables
Agenda Item No. 16C6
December 12, 2006
Page 20 of 28
All field in-situ measurements should be submitted to the District with the annual reports in a
separate EDD.
All data submittals must conform to the following guidelines or other format as desired by the
District:
1) Field data deliverables must be submitted to the District Project Manager on a CD,
using a consistent file naming convention, Le.. XXX-20011201-1.CSV Oaboratory
name + date (YYYYMMDD)+ sequence number).
2) All data files shall be submitted in ASCII comma delimited format.
3) Character fields that may contain commas shall be enclosed by quotation marks.
4) The Contractor shall report all required fields in the data file, in the order in which
they appear as described in the table below. Files will not be accepted with
missing information.
5) All field positions are required. If there is no value for a field, a comma shall still
be placed in the file to represent that position. For example: Field 1, Field 2,
Field 4, Field 3 has no value but the position is still represented by having two
commas.
6) Data files must be separated by data type, i.e., inorganic versus organic.
7) Contractor shall not report any data for missing results (0, -99, or blank).
Files should be in ASCII type in a comma delimited format. The fields and the
required order are described below.
Table 2. Format for Field Data Deliverable
Lab (LIMS) Number *
Field Number *
Project code *
Sampling Date *
Sampling Time *
Station Code *
Sample Type
Program Type
Collect Method
Matrix
Sampling Depth (m) *
Parameter Name *
Storet Code
1 to 13 characters
1 to 13 characters
1 to 8 characters
8 digits YYYYMMDD
4 digits HHMM (Military)
1 to 10 characters
1 to 10 characters (Laboratory QC
sam les would be identify here)
1 to 4 characters
1 to 4 characters
1 to 4 characters
1 to 4 digits
1 to 30 characters
5 digits. If code is <5 digits, then
leading zeros must be used
L2555-20
P1233-3
MBLS
20000119
1305
MBLS18
SAMP, EB, FB
MON , EXP
G, ACF, ACT
SW,GW,BFI
0.5
TP04, TKN,
OP04
665
Page 12 of 19, Exhibit "A", Agreement OT061098
Agenda Item No. 16C6
December 12, 2006
Page 21 of 28
1[~~'e"'IH '"J:l'~~"'r """, '"'~'~~~~'~!fOl""~^""'il!l!l'Ir""'""~f;hlr"'t ll~"j"""~~~~~"'",',,"~~*~~""'nl ",,, I--~~A
~'1;'~~: "'i~!""' , . ; i,'t:: :'.1 I II' )'1' L., ,,~, ' ,;, ,I ~ " ;it.!, 1;,' 'if ",:;,' 'J' . ,.J';.J;;,'':'' "'i,'i' ');'''''1f~rl: :t' ' "i-"".lri~. :It,..." ,"', liI~
t ",,""_.. "'" j, I 1,1 ~ ,-.j':"r.f - ~ 4 (" P:;I;;- #.I]~ ",~ ,. " r fc._ - ,.... . ". BrEii ,.:;' ~~ ~ ".". --" 'if" >L". .
~.';;;~;~:Mlf' " ,.,' '~~N"'- I~"""r",,'!!('i\,'\Ol!f''''' ":'n! ,~ll;.l." ~ir:: \ .",l;i,,'.rl ;"~'i" "'1' ",,,'?;.;",, ',',,1'1
~....<f4~e',.~~ Lt~.' ~ ~Lb, ~",rv,t~. \~1J1e. it'?, ~r; W~ ~~~'~'~;~11':( ," '" ~ ~r '.lJ I~ '~"'~~.;-~.~J<~- ,~"r ;,..~- .""" l<. ~"'
~~ h"tf:!""m""I'IJt<Jutt~ ':'I\>_~ "I~"Y~""i' I'. l-' ..:';;~'-_-,o<:.t ,",!{,4'~"" ;[fg.ih:i1~,"1 ""'- ....'o..;.--t=~ ~; tLiiw. $t.<u I" ~~~=':i:.~~,:", ",J:.:::i1.~~ Ill),): ...-~>
Method Name 1 to 20 characters (EP A or EP A SM4500PF
accepted SOP #)
Analysis Date * 8 digits YYYYMMDD 20000120
Analysis Time * 4 digits HHMM (Military) 1400
Practical Quantitative Limit 9 digits total, 4 decimals (F9.4) 0.016
Method Detection Limit * 9 digits total, 4 decimals (F9.4) 0.004
9 digits total, 4 decimals. For result
Result * values that are below detection limits, 0.05
the result value shall equal negative
MDL and the remark code shall be U.
Units * 1 to 8 characters mgIL
Batch 1 to 13 characters used to link sample 100rWGI00
with laboratory QC submitted
1 to 3 Characters ( as specified in
Remark Code District flagging criteria U
documentation)
1 to 240 characters (no commas in Large amount of
Comments between comments) Laboratory QC suspended solids
samples shall use this field to indicate in the sample
the original sample spike or duplicate.
Project Library
An electronic project library shall be generated by the County to document project specific
requirements. The library is created using ADaPT. The District Project Manager or assigned staff
will review, approve and maintain the electronic project library prior to use. This library will be
used by the County and District staff during EDD error check and data validation process. Any
changes in laboratory protocols that affect the project library need to be communicated to the
District and once approved incorporated in the project library.
Task 3:
Reportine:
The County shall submit an annual calendar year report detailing the data collected in support of
the Collier County Groundwater Monitoring Project. The annual report shall be provided as a
PDF document on CD-ROM. The annual report will be due by September 15 of each year.
5.0 COUNTY IN-KIND SERVICES CONTRIBUTION
Page 13 of 19, Exhibit "An, Agreement OT061098
Agenda Item No. 16C6
December 12, 2006
Page 22 of 28
The County shall contribute in-kind services which include field sampling services & in-house
laboratory analysis, project management and annual data assessment report.
6.0 CONTINGENCIES
The County shall make every effort to complete all tasks as described. However, it is
recognized that weather conditions, equipment failures and site conditions can influence
sampling programs and that samples may be missed due to inclement weather or unforeseen
unsafe working conditions. The County shall notify the District Project Manager of any
problems that occur to inhibit the collection or analysis of water quality data required for this
Agreement. The District may amend this contract for a time extension in the event of a natural
disaster or major storm.
Expedient monitoring may be requested during or after unusual weather events that may affect
water-related resources. While every effort will be made to accommodate such requests,
unscheduled monitoring will be conducted based on County staff availability and it is understood
that some requests may not be fulfilled.
Page 14 of 19, Exhibit "A", Agreement OT061098
Agenda Item No. 16C6
December 12, 2006
Page 23 of 28
Well # Latitude LongItude Aquifer
973 26.14528 -81.545 Lower
Tamlaml
985 26.29333 -81.48194 Lower
Tamlaml
1003 26.24333 --81.80083 Lower
Tamlaml
1058 26.26028 -81.77 Lower
Tamlaml
311 25.91056 --81.36500 Mld-
Hawthorn
684 26.29444 --81.39833 Mld-
Hawthorn
1080 26.37444 -81.60528 Mld-
Hawthorn
689 26.29444 -81.39833 Sandstone
989 26.29333 -81.48194 Sandstone
298 26.41861 --81.39778 Sandstone-
artesian
495 25.96472 --81.31194 Surficial
532 26.49111 --81.45806 Surficial
972 26.14528 -81.545 Surficial
984 26.29056 -81.48194 Surficial
996 26.15222 --81.68667 Surficial
1055 26.20306 -81.73694 Surficial
1059 26.26778 -81.8025 Surficial
1061 26.21972 -81.80028 Surficial
1097 26.30056 -81.59667 Surficial
CCN #1 26.312233 --81.8063 Surficial
CCN #2 26.312633 -81.819683 Surficial
CCN #3 26.309033 -81.810683 Surficial
CCN #4 26.28355 -81.77125 Surficial
CCN #5 26.28295 -81.7797 Surficial
CCN #6 26.279217 -81.775233 Surficial
CCN #7 26.292683 -81.777233 Surficial
CCN #8 26.292633 -81.777217 Surficial
CCN #10 26.265083 -81.78745 Surficial
CCN #11 26.267583 -81.7854 Surficial
CCS #1 26.153 -81.742933 Surficial
CCS #2 26.145533 -81.7476 Surficial
CCS #3 26.13935 -81.751767 Surficial
CCS #4 26.113017 -81.77055 Surficial
CCS #5 26.115233 -81.778283 Surficial
CCS #6 26.084817 -81.71622 Surficial
Table 3, Page 1 of2
Agenda Item No. 16C6
December 12, 2006
Page 24 of 28
ees #15 26.084817 - Surficial
81.7162167
ees #16 26.078217 -81.7149 Surficial
ees #17 26.071783 -81.711717 Surficial
ees #18 26.0857 -81.69195 Surficial
ees #19 26.088533 -81.702567 Surficial
ees #20 26.103217 -81.743017 Surficial
PBI #1 26.249967 - Surficial
81.8014167
PBI#2 26.221767 -81.801333 Surficial
PBI#3 26.232067 -81.80295 Surficial
PBI#4 26.231833 -81.809517 Surficial
PBI#5 26.2135 -81.806717 Surficial
PBIOO 26.244783 -81.812783 Surficial
PBI#7 26.221833 -81.810717 Surficial
MW-1 26.175817 -81.79115 Surficial
MW-2 26.17575 -81.786667 Surficial
MW-3 26.177233 -81.784367 Surficial
MW-4 26.192883 -81 .790683 Surficial
MW-5 26.185133 -81.796133 Surficial
MW-6 26.202583 -81.78825 Surficial
MW-7 26.209967 -81.781767 Surficial
MW-8 26.193267 -81.783267 Surficial
MW-9 26.168383 -81.776917 Surficial
MW-10 26.158983 -81.806833 Surficial
MW-11 26.177267 -81,802433 Surficial
GGW-1S 26.21889 -81,6390 Surficial
GGW-1D 26.21667 -81.6390 Lower
Tamiami
GGW-4S 26.22083 -81.58333 Surficial
GGW-4D 26.2200 -81.58333 Lower
Tam/amI
6 Random Locations TBA TBA Surficial
Table 3, Page 2 of2
Agenda Item No. 16C6
December 12, 2006
Page 25 of 28
Collier County Groundwater
Monitoring Locations
o Surftclal Aquifer
e Lower Tamlami Aquifer
. sandstone AqUifer
. Mld-Hawthom Aquifer
. Reuse Monitor Well
o GG Well FlelCS Monitor Wells
-RoaCS
N
A
Map-I
Agenda Item No. 16C6
December 12, 2006
Page 26 of 28
l'arallH'Il'r '\ Il', hod H('l]nirl'd i\lflhocJ IklN'lion I ("('l(lll'lIn
J.j III i t
Temperature FDEP SOP Fr1400 :I: 0.2 mgIL DC Semi-annually
pH FDEP SOP YT 11 00 :I: 0.2 standard units Semi-annually
Specific conductance FDEP SOP Fr1200 :I: 5% of the true value of the Semi-annually
KCl standard
Dissolved Oxygen FDEP SOP Fr1500 :I: 0.3 mgIL of saturation chart at Semi-annually
temo
Depth to water level FDEP SOP FS2200 :I: 0.01 feet Semi-annually
Total dissolved solids SM 2540C 2.0 mgIL Semi-annually
Turbidity SM2130B O.lONW Semi-annually
Fecal colifonn 8M 9222D 1 cfu/100ml Semi-annually
Total coliform SM 9222B 1 cfu/lOOml Semi-annually
Chloride SM 4500 CI- E 1.0mgIL Semi-annually
Total Nitrogen TKN+NOx 0.04 mgIL Semi-annually
Calcium SM 3111 B 0.08 mgIL Semi-annually
Sodium SM 3111 B 1. 7 mgll Semi-annually
Bicarbonate SM4500 C02D 2.0 mg/L Semi-annually
Nitrate (NO,,- N02) 0.01 mgIL Semi-annually
Nitrite SM4500 N02 B 0.002 mg/L Semi-annually
NitratelNitrite (NOX) EPA 353.2 0.01 mg/L Semi-annually
Ammonia EPA350.! 0.01 mg/L Semi-annually
Total Kjeldahl Nitrogen 8M 4500 NorgD 0.04 mg/L Semi-annually
Total phosphorus SM 4500 PE 0.004 mg/L Semi-annually
Ortho-phosphate SM 4500 PE 0.004 mg/L Semi-annually
Sulfate EPA 375.4 1.0 mg/L Semi-annually
Sulfide EPA 376.1 0.76 mg/L Semi-annually
Alkalinity SM 2320B 1.0 mg/L Semi-annually
Iron SM3111B 120 ug/l Semi-annually
Fluoride 8M 4500 F-C 0.05 mg/L Semi-annually
Potassium EPA 200.7 170 ugfL Semi-annually
Magnesium (total) 8M 3111 B 0.007 mg/L Semi-annually
Manganese (total) EPA 200.8 0.2 mg/L Semi-annually
Hardness (total) SM2340 B 1.0 mg/L Semi-annually
Arsenic (total) EPA 200.8 1.0ug/L Semi-annually
Barium (total) EPA 200.7 2.6 ug/L Semi-annually
Cadmium (total) EPA 200.8 O.1ug/L Semi-annually
Chromium (total) EPA 200.8 2.0 ug/L Semi-annually
Copper (total) EPA 200.8 1.0 ugfL Semi-annually
Lead (total) EPA 200.8 1.0ugtL Semi-annually
Nickel (total) EPA 200.7 2.4ug/L Semi-annually
Selenium (total) EPA 200.7 7.5 ug/L Semi-annually
Strontium (total) EPA 200.7 3.6 ugIL Semi-annually
Silver (total) EPA 200.7 4.9 ugIL Semi-annually
Table - 4
Agenda Item No. 16C6
December 12, 2006
Page 27 of 28
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
The County will invoice the District on a semi-annual basis. Payment will be contingent upon
delivery and District acceptance of all products due within the invoice period.
Item Deliverable Description Due Date Payment Amount
1 Collect and Analyze Semiannual Wet $54,075
(August.October) and Dry Season March 15,
(February-April) groundwater quality 2007
samples at 73 stations, and provide
progress report.
2 Submit data in the required electronic September $54,075
format and a comprehensive annual 15,2007
report summarizing first year effort.
3 Collect and Analyze Semiannual Wet March 15, $56,238
. (August-October) and Dry Season 2008
(February-April) groundwater quality
samples at 73 stations, and provide
progress report. .
4 Submit data in the required electronic September $56,238
format and a comprehensive annual 15,2008
report summarizing second year effort.
5 Collect and Analyze Semiannual Wet March 15, $58,487
(August-October) and Dry Season 2009
(F~ruary-ApriDgroundwmerqual~
samples at 73 stations, and provide
progress report.
6 Submit data in the required electronic September $58,487
format and a comprehensive annual 15,2009
report summarizing third year effort
Page 19 of 19, Exhibit "B", Agreement OT061 098
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Agenda Item No. 16C7
December 12, 2006
Page 1 of 8
Executive Summary
Recommendation to approve the Selection Committee's recommendation for
Project Management Oversight Services and approve time and material Work
Order No. URS-FT-3657-07-03 with URS Inc. in the amount not to exceed $405,660
for Solid Waste Capital Projects
OBJECTIVE: The public purpose is to provide Solid Waste facilities and services that
meet the demand in Collier County. The scope of services in this agreement consists of
providing the County with resources, support, and professional services to manage the
activities related to the Solid Waste Capital Projects and meet the County's schedule,
budget, and quality expectations.
CONSIDERATION: The Solid Waste Department offers many services to Collier
County. The Project Delivery Team is committed to a set of Guiding Principles to all
project decisions which include: Customer Service Responsibility, A Good Neighbor
Policy, Environmental Stewardship and Compliance, Resource Optimization, Financial
Efficiency and Effectiveness, and Constructability and Sustainability.
,-,
There are currently several separate, inter related projects, many with multiple,
independent sub-projects that make up the Solid Waste Capital Projects. These projects,
listed in the Integrated Solid Waste Management Strategy, are further identified as
follows:
. Material Recovery Facility
. Upgrade all Solid Waste Recycling Centers
. Landfill Gas to Energy
. Landfill Scalehouse
. Landfill Cells 1 and 2 Restoration
. Solid Waste Park
. Northeast Recycling Center
. Other related projects identified in the Integrated Solid Waste Management
Strategy
Overlapping schedules and delivery commitments, involving design professionals,
construction managers, contractors and the County, must be planned and monitored to
ensure the program exceeds the expectations of customers represented by the County.
With the volume of work anticipated over the next year, it is proposed that a professional
service firm provide staff support on a time and materials basis for all capital projects
within the Solid Waste Department. The initial work order will be for one year with the
Collier County having the discretion to extend or terminate the work order at any time
,,-..
Therefore, to implement a method to accomplish this objective, a Request for Proposals
under Contract #05-3657 "Project Management Oversight Services" was issued on
Agenda Item No. 16C7
December 12, 2006
Page 2 of 8
November 2,2006, to four fIrms on the contract. On November 13, 2006, two proposals
were received from:
. Malcolm Pirnie, Inc.
. URS
A Selection Committee was convened to evaluate the proposals which were received
from the fIrms on November 17, 2006. By consensus, the Selection Committee
recommended URS Inc. as the No.1 fIrm.
FISCAL IMP ACT: The total cost associated with performance of tasks during the fIrst
year of the initial year contract term of this Work Order is not to exceed $405,660 as
contained in the attached Program Fee Summary. Approval of a $405,660 budget
amendment will be necessary to provide the suffIcient funds. This involves the transfer
of funds from the Project 59003, Naples recycling centers to Project 59011, Project
Management Oversight Services for Solid Waste Capital Projects. These funds are
available in the FY07 Capital Budget approved by the Board of County Commissioners
on September 21,2006. Funding source is 474, Solid Waste Management Fund
GROWTH MANAGEMENT IMP ACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
RECOMMENDATION: That the Board of County Commissioners,
1. Approve the selection of URS Inc. as the No. 1 fInn recommended by the
Selection Committee.
2. Approve time and material Work Order No. URS-FT-3657-07-03 with URS
Inc. in the amount not to exceed $405,660 to provide Program Management
Oversight Services for the Solid Waste Capital Projects
3. Approve the necessary budget amendments to provide suffIcient funds in the
appropriate expenditure categories for this obligation.
4. Authorize the County Manager, or his designee to sign the standard Work
Orders after approval by the County Attorney's OffIce
PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering
Department.
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C7
December 12, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C7
Recommendation to approve the Selection Committees recommendation for Project
Management Oversight Services and approve time and material Work Order No. URS-FT-
3657 -07.03 with URS Inc. in the amount not 10 exceed $405,660 for Solid Waste Capital
Projects.
12/12/20069:00:00 AM
Project Manager
Date
Prepared By
Oayne Atkinson
Public Utilities
Public Utilities Engineering
11/16120064:14:59 PM
Operations Director
Date
Approved By
Thomas Wi des
Public Utilities
Public Utilities Operations
11/28120068:59 AM
Principal Project Manager
Date
Approved By
William D. Mullin, PE
Public Utilities
Public Utilities Engineering
1112812006 12:25 PM
Dianna Perryman
Operations Analyst
Date
Approved By
Transportation Services
Road Maintenance
11128120064:00 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Serv-ices
Purchasing
11129/20069:49 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
11130120068:21 AM
Date
Approved By
Daniel R. Rodriguez, M,B,A. Solid Waste Director
1113012006 9:39 AM
Approved By
Public Utilities Solid Waste
James W. DeLany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
111301200610:13 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11130120062:13 PM
Susan Usher
Senior Man.1gementlBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
12/112006 1 :26 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1216/20068:29 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6120068:55 AM
Agenda Item No. 16C7
December 12, 2006
Page 4 of 8
Program Management and Oversight Services
Collier County
Solid Waste Capital Projects
Overview
The Consultant shall coordinate the overall administration of the Program and act as the
County's representative. Program Management Services shall be provided for a variety
of administrative duties including, General Program Management, Planning Phase
Program Management, Design Phase Program Management, Construction Phase Program
Management, and miscellaneous support services. Each of these services shall be
provided by the Consultant, working in concert with the County, the County's design
Professionals and Contractors.
Basic Services
The Consultant shall be responsible for administering the County's contracts with the
Design Professionals and Contractors for the projects and for complete coordination of all
design efforts and construction so as to result in a unified, finished product with
minimum interference between projects. The Consultant shall provide professional
support in areas such as but not limited to, contract scoping, plan reviews, scheduling,
scheduling reviews, budgeting, evaluation of completeness of submittals, payment
submittals, etc., as would be typical for management of any program of this magnitude.
Using reasonable care and skill consistent with Professional Standards, the Consultant
shall review or coordinate reviews of all docwnents, including but not limited to, the
contract agreements and scope of services with Design Professionals, for completeness
and potential conflicts and ambiguities and in accordance with the County's guidance
shall direct any necessary corrections or revisions pursuant to its review of said
documents, but not limited to, errors or deficiencies in cost estimates, selection of
materials, systems and equipment, construction administration and other services.
The Consultant shall provide complete documentation and control of documents to effect
timely performance by all entities and in support for defense of claims and litigation.
Shall establish and maintain files of documents, letters, reports, plans, memos, field
directives, change orders, clarifications, meeting minutes, etc. pertinent to the program
and shall provide the County with a copy of applicable Program correspondence for the
County to file in its filing system.
The initial work order will be for one year with the County having the discretion to
extend or terminate the work order at any time.
Agenda Item No. 16C7
December 12, 2006
Page 5 of 8
Detailed Program Scope of Work
Task 1 - Development of Program Work Plan
. Listing of design and construction phase de1iverables from AlE
. Master Program Schedule
. Master Program Cost Model
. Program Management Status Reports
Task 2 - Document Control System.
Task 3 - Program Planning Services
Task 4 - Design Phase Program Management
. Administer existing Design Contracts
. Assist in selection of qualified AlE Consultant
. Serve as Primary Point of Contact
. Manage AlE Consultant Progress
. Design ReviewsNalue Engineering
. Constructability Reviews at 60% and 90%
. Review of AlE submitted probable cost estimates
Task 5 - Permitting Assistance
Task 6 - Bid Services
Task 7 - Construction Phase Program Management
. Coordinate and attend pre-construction conferences with each AlE and applicable
County representative
. Coordinate and attend by-monthly construction progress meetings
. Review of contractor's schedule
. Processing of Progress Payments
. Project closeout
Minimum Proposal Requirements:
1. Services that your firm will offer
2. Resumes for key personnel only
3. Availability of each person (hours/week)
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Agenda Item No. 16C7
December 12, 2006
Page 7 of 8
ALLOCATION OF HOURS FOR
SOLID WASTE CAPITAL PROJECTS
Hours allocated for each project are an estimate based on the current priority and
schedule for each project. The allocation of hours may increase or decrease if the priority
of the project changes.
Total Hours Allocated by PMO Contract - 3,564 hour
(Projects are listed in order of current priority)
1. Landfill Scalehouse - Approximately 64 hrs
o Road design and Oversight
o Transition and closeout
2. Upgrade all Solid Waste Recycling Centers - Approximately 1500 hrs
o Budget Review
o Proj ect scheduling development
o Independent Constructability reviews
o Value engineering
o CEI services
o Bidding assistance
o QU31ier Status reports
3. Landfill Gas to Energy - Approximately 500 hrs
o Budget Review
o Project scheduling development
o Independent assessment of proposals
o Value engineering
o Quarter Status reports
4. Solid Waste Park - Approximately 500 hrs Budget Review
o Project scheduling development
o Conceptual drawings
o Value engineering
o CEI services
o Bidding assistance
o Quarter Status reports
5. Landfill Cells 1 and 2 Restoration - Approximately 250 hrs Budget Review
o Project scheduling development
o Independent proposal reviews
o Value engineering
o Bidding assistance
o Quarter Status reports
Agenda Item No. 16C7
December 12, 2006
Page 8 of 8
6. Northeast Recycling Center - Approximately 250 hrs
o Budget Review
o Project scheduling development
o Independent Constructability reviews
o Value engineering
o CEI services
o Bidding assistance
o Quarter Status reports
7. Material Recovery Facility - Approximately 250 hrs
o Budget Review
o Proj ect scheduling development
o Independent assessment of proposals
o Value engineering
o Quarter Status reports
8. Other related projects identified in the Integrated Solid Waste Management
Strategy - Approximately 250 hrs
o Feasibility studies and evaluation
The allocated hours are an estimate based on the current priorities of these projects. They
are subject to change if the priority of the projects changes based on things such as
environmental impact studies, regulatory changes, County ordinances and other
unforeseen factors.
Agenda Item No. 16C8
December 12, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Approval to transfer funds and the associated budget amendments for Agreement
ML070554 and ML040284 with the South Florida Water Management District (SFWMD)
from Miscellaneous Grant Fund (116) to Water Pollution Control Fund (114).
OBJECTIVE: To have the Board of County Commissioners (BCe) approve the transfer of
funds in the amount of $140,000 for Agreement ML070554 and $92,789 for Agreement
ML040284; and the associated budget amendments from Miscellaneous Grants Fund (116) to
Water Pollution Control Fund (114).
CONSIDERATION: It has been determined that Agreements ML070554 and ML040284 are
not Miscellaneous Grant funds, but are actually contractual agreements. At the request of the
SFWMD both agreements are to be removed from grant status and be reflected by the County as
only agreements. The County's Pollution Control & Prevention Department (PC&PD) will
monitor seventy three (73) ground water sites semiannually for three years. An annual
assessment report will be generated to investigate effects of land use on groundwater quality and
for development of watershed management strategies for protection of groundwater quality in
Collier County for these agreements.
...--
FISCAL IMPACT: Total expenditures for these agreements are estimated to be $232,789 and
will be distributed in the Water Pollution Control Fund (114) as follows:
1. $115,600 will be allocated to fund two (2) current Lab Technician positions.
2. $ 24,400 will be allocated for operating expenses.
3. $ 92.789 will be allocated for Other Contractual Services to pay for out sourced analysis.
$232,789
GROWTH MANAGEMENT IMPACT: The scope of the Agreement complies with and is
consistent with the requirements of the Conservation and Coastal Management Element of the
Growth Management Plan relative to surface water quality monitoring.
RECOMMENDATION: That the Board of County Commissioners:
Approve the transfer of funds and the associated budget amendments in the amount of $140,000
for Agreement ML070554 and $92,789 for Agreement ML040284 from Miscellaneous Grants
Fund (116) to Water Pollution Control Fund (114).
Prepared By: Mary Valcante, Operations Supervisor
Pollution Control & Prevention Department
-,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C8
December 12, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C8
Approval 10 transfer funds and the associated budget amendments for Agreement M L070554
and ML040284 with the South Florida Water Management DislricIISFWMD) from
Miscellaneous Grant Fund (116) 10 Water Pollution Control Fund (114).
12/12/200690000 AM
Director
Date
Approved By
Ray Smith
Public Utilities
Pollution Control & Prevention
11128/20067:31 AM
Operations Director
Date
Approved By
Thomas Wides.
Public Utilities
Public Utilities Operations
11/28/20062:48 PM
Marlene J. Foard
Grants Coordinator
Date
Approved By
Administrative Services
Administrative Services Admin.
11130/20062:03 PM
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
11130120062:21 PM
OMS Coordinator
Adminis1rative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11130/20062:23 PM
Randy Greenwald
ManagementlBudget Analyst
Date
App roved By
County Manager's Office
Office of Management & Budget
12111200611:34AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
12/612006 3:01 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6/20065:42 PM
Agenda Item No. 1601
December 12, 2006
Page 1 of 4
--
EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment to place $31,500 awarded by
the Bill and Melinda Gates Foundation Public Access Hardware Upgrade Grant in
Library Administration Grant (Fund 129) so that funds can be expended by
December 31, 2006.
OBJECTIVE: Obtain approval for the attached budget amendment in order to expend
$31,500 awarded to Collier County Public Library by the Bill and Melinda Gates
Foundation Grant, for the purpose of upgrading the public access computer equipment
purchased by a previous Gates Grant.
CONSIDERATIONS: The Bill and Melinda Gates Foundation partnered with the State
Library of Florida in 1999 to award technology grants based on the poverty level of the
residents in the vicinity of each public Library. Three Collier County Branch Libraries
qualified for these technology grants; Immokalee Branch Library received 5 personal and
training lab computers; Estates Branch Library received 14 personal and training lab
computers and Everglades City Branch Library received 2 computers. In addition they
received printers, necessary networking equipment and wiring, software and technical
support. The Gates Foundation has now granted funds to upgrade this equipment.
.-
The Board of County Commissioners approved the grant agreement at their regular
meeting on September 12,2006, Item 16.D.1.
The funds must be expended on or before December 31, 2006.
FISCAL IMP ACT: The attached budget amendment will increase Library
Administration Grant (Fund 129) Budget for FY 2007 by $31,500. Total cost of
equipment and materials will equal the amount funded.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: Staff recommends that the Board approve the budget
amendment recognizing these funds in FY2007.
Executive Summary Prepared by Kathleen Teaze, Assistant Library Director.
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 1601
December 12, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1601
Recommendation to aulhorize a budget amendment to place $31,500 awarded by the Bill
and Melinda Gates Foundation Public Access Hardware Upgrade Grant in Fund 129 so that
funds can be expended by December 31, 2006
12/12/20069:0000 AM
Assistant Director
Date
Prepared By
Kathleen Teaze
Public Services
Library
11127/20064:49:33 PM
Marilyn Matthes
Library Assistant Director
Date
Approved By
Public Services
Library
11/27/20065:02 PM
Grants Coordinator
Date
Approved By
Marlene J. Foard
Admini~trative Services
Administrative Senlices Admin.
11/27/2006 5:05 PM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Sel"\fices
Public Services Admin.
11/29/20064:01 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11/30/2006 8:52 AM
App roved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
11/30/20061 :23 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
Count}1 Managers Office
Office of Management & Budget
12/1/200610:25 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
12/5/2006 11 :55 AM
BUDGET AMENDMENT REQUEST
Agenda Item No. 1601
December 12, 2006
Page 3 of 4
For Budget/Finance Use Only
BA#...............................
JE#.................................
BAR#..............................
A.P.H. Date.......................
Fund Number 129
Fund Description: Library Administration Grant
Date Prepared: 11/27/2006
Approved by BCC on:
Attach Executive Summary
Item No.:
Expense Budget Detail
Fund Center Title: Library Admin Grant
WBS Element Title: Gates Computer Grant
(P 'd h F de WBS I . [. . .. d'd b th
Fd Ctr No.: 156112
WBS No.: 440231
roVI e t e un enter or e ement m ormatIOn; It IS not reqUITe to pravl eo.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
156112 440231 764900 Data Processing $31,500 $ 00.00 $31,500
Equipment
Net Change to Budget $31,500
Fund Center Title:
WBS Element Title:
BS
Revenue Budget Detail
Library Admin Grant
Gates Computer Grant
. . .
FdCtrNo.: 156112
WBS No.: 440231
(ProVIde the Fund Center or W clement mtonnatlOn; It IS not requIre to pravI e ot .)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
156112 440231 334710 Aid to Libraries $31,500 $ 00.00 $31,500
d
d b h
Net Change to Budget $31,500
EXPLANATION
Why are funds needed?
Funds are needed to upgrade equipment donated in 1999 by the Bill and Melinda Gates Foundation.
Where are funds available?
Funds have been granted by the Bill and Melinda Gates Foundation to upgrade equipment donated
in 1999 by the same foundation.
Agenda Item No. 1601
December 12, 2006
Page 4 of 4
DATE I
Cost Center Director:
Division Administrator:
Bud2et Department:
A2encv Mana2er:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
REVIEW PROCESS
Agenda Item No. 1602
December 12, 2006
Page 1 of 13
~-
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the agreement between Collier
County Board of County Commissioners and the Area Agency on Aging for
Southwest Florida, Inc., approve the Older Americans Act continuation grant in the
amount of $858,413, and approve budget amendments in the amount of $443,904.
OBJECTIVE: The execution of this contract is necessary for uninterrupted support
services to Services for Seniors' frail, elderly clients.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home
support services to Collier County's frail elderly for the past 32 years through the Older
Americans Act program. The total grant amount of $858,413 is for the period January 1,
2007 through December 31, 2007. Funds are available from the State of Florida grants
and aid appropriation. Of the total grant award, $443,904 will be recognized as the direct
funding portion to the County for in-home care, transportation and administration costs.
The remaining $414,509 will be retained by the grantor agency to pay for senior meal
programs provided by a non-profit agency.
,-.
GROWTH MANAGEMENT: There is no growth management impact from this
recommendation.
FISCAL IMP ACT: Budget amendments totaling $443,904 are attached. Matching funds
in the amount of $141 ,000 have been approved for the FY 07 fiscal year. No additional
matching funds are required for this agreement.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners
authorize the Chairman to sign the agreement and approve the budget amendments. The
agreement has been reviewed and approved by the County Attorney's Office.
Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department
.-.
Agenda Item No. 1602
December 12,2006
Page 2 of 13
2007
Agreement Number OM 203.07
STANDARD AGREEMENT
AREA AGENCY ON AGING
Collier County Services for Seniors
THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest,
Florida, Inc., hereinafter referred to as the "agency", and Collier County Services for Seniors,
hereinafter referred to as the "recipient." This agreement is subj ect to all provisions contained in
the MASTER AGREEMENT executed between the agency and the recipient,
Agreement No. HM004, and its successor, incorporated herein by reference.
The parties agree:
I. Recipient Agrees:
A. Services to be Provided:
To plan, develop, and accomplish the services delineated, or otherwise cause the
planning, development, and accomplishment of such services and activities, under the
conditions specified and in the manner prescribed in ATTACHMENT I of this
agreement.
B. Final Request for Adjustments and Payment:
The recipient must submit the final request for payment to the Agency no more than
thirty (30) days after the agreement ends or is terminated. Any payment due under the
terms of this agreement may be withheld until all reports due from the recipient, and
necessary adjustments thereto, have been approved by the Agency.
II. The Agency Agrees:
A. Agreement Amount:
To pay for services according to the conditions of ATTACHMENT I in an amount not
to exceed $443,904.00, subject to the availability of funds.
B. Obligation to Pay:
The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature.
C. Source of Funds:
The costs of services paid under any other agreement or from any other source are not
eligible for reimbursement under this agreement. The funds awarded to the recipient
pursuant to this agreement are in the state grants and aids appropriations and consist of
the following:
1
Aaenda Item No. 1602
~ December 12, 2006
Page 3 of 1 3
2007
Agreement Number OAA 203.07
Program Title Year Fundin~ Source CFDA/CSFA # Fund Amounts
Older Americans Act 2007 U.S. Dept. Of Health and Human 93.044-045 and
Services 93.052
Title llIB Support 2007 U.S. Dept. Of Health and Human 93.044
Services Services $58,360.00
Lead Agency Operations $230,185.00
Spending Authority
Title ill Cl Congregate 2007 U.S. Dept. Of Health and Human 93.045
Meals Services $37,020.00
Lead Agency Operations
Title ill C2 Home 2007 U.S. Dept. Of Health and Human 93.045
Delivered Meals Services $33,281.00
Lead Agency Operations
Title ill E Services 2007 U.S. Dept. Of Health and Human 93.052 $53,454.00
Supplement Services Services $14,182.00
Grandparent Services $4,126.00
Lead Agency Operations $13,296.00
TOT AL FUNDS CONTAINED IN THIS $443,904.00
AGREEMENT:
The $22.699.00 Legal Service Allocation and the $39,256.00 PSA 8 1& R Allocation are NOT
INCLUDED in the Title III-B spending authority allocations shown above.
Program Title Year Fundin~ Source CFDA/CSFA # Fund Amounts
Title ill Cl Congregate 2007 U.S. Dept. Of Health and Human 93.045
Meals Services $222,816.00
Senior Connections -
Spending Authority
Title ill C2 Home 2007 U.S. Dept. Of Health and Human 93.045
Delivered Meals Services $191,693.00
Senior Connections -
Spending Authority
TOTAL FUNDS CONTAINED IN THIS $414,509.00
AGREEMENT: I
2
Agenda Item No. 1602
December 12, 2006
Page 4 of 13
2007
Agreement Number OAA 203.07
III. Recipient and Agency Mutually Agree:
A. Effective Date:
1. This agreement shall begin on January 1. 2007 or on the date the agreement has been
signed by both parties, whichever is later.
2. This agreement shall end on December 31, 2007.
B. Termination, Suspension, and/or Enforcement:
The causes and remedies for suspension or termination of this agreement shall follow
the same procedures as outlined in Section III.B. and Section III.C. of the Master
Agreement.
C. Recipient Responsibility:
Notwithstanding the pass through language contained in Section l.0.1. of the Master
Agreement, the recipient maintains responsibility for the performance of all sub
recipients and vendors in accordance with all applicable federal regulations (Code of
Federal Regulations (CFR) Title 45, Chapter XIII, Part 1321.25) and state laws.
D. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the grant manager for the agency for
this agreement is:
Leigh Wade, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
(239) 332-4233 Fax (239) 332-3596
2. The name, address, and telephone number of the representative of the recipient
responsible for administration ofthe program under this agreement is:
Marcy Krumbine, Director
Collier County Human Services
Services for Seniors
3301 Tamiami Trail East, Bldg. H-211
Naples, Florida 34112
(239) 774-8154 (239) 774-3430 Fax
3. In the event different representatives are designated by either party after execution of
this agreement, notice of the name and address of the new representative will be
rendered in writing to the other party and said notification attached to originals of
this agreement.
3
Agenda Item No. 1602
December 12, 2006
Page 5 of 1 3
2007
Agreement Number OAA 203.07
4. The name (recipient name as shown on page 1 of this agreement) and mailing
address of the official payee to whom the payment shall be made:
Collier County Human Services
Services for Seniors
3301 Tamiami Trail East
Naples, Florida 34112
(239) 774-8154 (239) 774-3430 Fax
IN WITNESS THEREOF, the parties hereto have caused this 11 page agreement to be executed
by their undersigned officials as duly authorized.
ATIEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
l~ /'I
~
Robert N. ary
Assistant County Attorney
Date: December 31, 2006
WITNESS;
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INe.
[Print Name]
By:
JOHN KOEHLER. Board President
[Print Name]
Date: December 3 L 2006
FEDERAL ID NUMBER: 59-6000558
FISCAL YEAR-END DATE: 09/30/07
4
Agenda Item No. 1602
December 12, 2006
Page 6 of 13
2007
Agreement Number OAA 203.07
ATTACHMENT I
OLDER AMERICANS ACT PROGRAM
I. STATEMENT OF PURPOSE
The Older Americans Act (OAA) Program is a federal program that provides assistance to older
persons and caregivers and is the only federal supportive services program directed solely toward
improving the lives of older people. The program provides a framework for a partnership
among the different levels of government and the public and private sectors with a common
objective, improving the quality of life for all older Americans by helping them to remain
independent and productive.
To enhance the provision of services at the local level, the Department is charged with dividing
the state into distinct planning and service areas (PSA's) and designating an Area Agency on
Aging (AAA) for each of them. The recipient, a Lead Agency, is responsible for assessing the
needs of older persons within its respective PSA.
The recipient fosters the development and implementation of comprehensive and coordinated
systems to serve older individuals. Under current law, all service providers funded under part B
of the Act must follow priorities established by the recipient and approved by the Agency for
serving the elderly, providing assurances that preference will be given to those with the greatest
economic and social need, with particular attention to low-income minority older individuals
residing in rural areas.
II. SERVICES TO BE PROVIDED
A. Services:
The Agency's area plan for the calendar year 2007, and any revisions thereto approved
by the Agency and located in the grant manager's file, are incorporated by reference in
this agreement between the Agency and the recipient, and prescribe the services to be
rendered by the recipient and prescribe the manner in which the recipient will meet the
requirements of the Older Americans Act as amended in 2000.
The recipient's service provider application for 2005-2007, and any revisions thereto
approved by the agency and located in the agency's :file, are incorporated by reference in
this agreement between the agency and the recipient, and prescribe the services to be
rendered by the recipient
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the
recipient's area plan for calendar year 2006, the Department of Elder Affairs Home and
5
Agenda Item No. 1602
December 12, 2006
Page 7 of 13
2007
Agreement Number OAA 203.07
Community-Based Services Handbook dated 1/03, the Department of Elder Affairs
National Family Caregiver Support Program Guidelines, and the Department of Health
and Human Services, Office of Assistant Secretary, Administration on Aging, Program
Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such
revision will automatically be incorporated into the agreement and the grant manager
will send a copy to the recipient's contact person. The recipient agrees to perform the
services ofthis agreement in accordance with all federal, state, and local laws, rules,
regulations and policies that pertain to Older Americans Act funds.
III. METHOD OF PAYMENT
A. The method of payment in this agreement includes advances and fixed rates for all
services. The recipient must ensure all costs and fixed amounts include only those costs
that are in accordance with all applicable state and federal statutes and regulations and
are based on historical costs and audited historical costs when applicable. The recipient
shall consolidate all requests for payment and all expenditure reports that support
requests for payment from subrecipients and vendors and shall submit to the Agency on
forms 106 and 105.
All sub-awards (agreements between the recipient and its sub-contractors who have been
deemed by the recipient to be sub-recipients) are subject to those Federal cost principles
applicable to the particular organization concerned. Thus, if a sub-award is to a
governmental unit (other than a college, university or hospital), this Circular shall apply;
if a sub-award is to a commercial organization, the cost principles applicable to
commercial organizations shall apply; if a sub-award is to a college or university,
Circular A-21 shall apply; if a sub-award is to a hospital, the cost principles used by the
Federal awarding agency for awards to hospitals shall apply; if a sub-award is to some
other non-profit organization, Circular A-122, "Cost Principles for Non-Profit
Organizations," shall apply.
B. The recipient shall maintain documentation to support payment requests that shall
remain available upon request to the State Comptroller, the Department, the Agency or
other authorized state and federal personnel.
C. The recipient may request a monthly advance for administration and service costs for
each of the first two months of the agreement period, based on immediate anticipated
cash needs. Detailed documentation justifying cash needs for advances must be
submitted with the signed agreement, approved by the Agency, and maintained in the
grant manager's file. For-profit organizations cannot receive advance funds. All
payment requests for the third through the twelfth months shall be based on the
submission of monthly actual expenditure reports beginning with the first month of the
agreement. The schedule for submission of invoices is ATTACHMENT II to this
agreement. Reconciliation and recouping of advances made under this agreement are to
6
Agenda Item No. 1602
December 12, 2006
Page 8 of 13
2007
Agreement Number OAA 203.07
be completed by the time the final payment is made. All payments are subject to the
availability of funds.
D. A final receipt and expenditure report (closeout report) will be forwarded to the Agency
within sixty (60) days after the agreement ends or is terminated. All monies which have
been paid to the recipient and not used to retire outstanding obligations of the agreement
being closed out must be refunded to the Agency along with the final receipt and
expenditure report.
E. Interest Earned on General Revenue and Federal Funds: Interest income earned on the
advance of general revenue and federal funds must be separately identified and returned
to the Agency together with the payment and expenditure reports. Advances on federal
funds must be maintained in interest-bearing accounts in accordance with 4S CFR
74.22(k).
F. Any payment due by the Agency under the terms of this agreement may be withheld
pending the receipt and approval by the Agency of all financial and programmatic
reports due from the recipient and any adjustments thereto, including any disallowance
not resolved as outlined in Section I.P .1. of the Master Agreement.
G. The recipient agrees to implement the distribution of funds as detailed in the approved
area plan and the Budget Summary, ATTACHMENT III to this agreement. Any
changes in the amounts of federal or general revenue funds identified on the Budget
Summary form require an agreement amendment
H. Financial Reports: The recipient agrees to provide an accurate, complete and current
disclosure of the financial results oftrus agreement as follows:
1. To submit all requests for payment and expenditure reports according to the format,
schedule and requirements specified in ATTACHMENT I.
2. The completed manual units of service portions of the Older Americans Act Annual
Report, if applicable, are due to the grant manager on the date established by the
Agency. The Agency will obtain the remaining Report sections from the Consumer
Information, Registration and Tracking System (CIRTS).
IV. SPECIAL PROVISIONS
A. Consumer Contributions and Co-payments for Services
1. The recipient assures compliance with Section 31 S of the Older Americans Act as
amended in 2000, in regard to consumer contributions. Subrecipients may charge
co-payments to those persons able to pay part or all of the cost of services only for
services not paid for with Older Americans Act funds.n
7
Agenda Item No. 1602
December 12, 2006
Page 9 of 13
2007
Agreement Number OM 203.07
2. Voluntary contributions are not to be used for cost sharing or matching (see Title 45,
Chapter XIll, Part 1321.25, CFR).
3. Accumulated. voluntary contributions are to be used prior to requesting Federal
reimbursement (see Title 45, Chapter XIII, Part 1321.25, CPR).
4. Voluntary contributions and related interest earned are program income and must be
used to expand services.
B. Match
The recipient will assure, through a provision in their sub-grant agreement, a match
requirement of at least 10 percent of the cost for all services funded through this
agreement. The recipient's match will be made in the form of cash and/or in-kind
resources. The sub-recipient's match will be made in the form of cash. At the end ofthe
agreement period, all Older Americans Act funds must be properly matched.
c. Title III Funds
The recipient assures compliance with Section 306 of the Older Americans Act
Amendments as amended in 2000, that funds received under Title III will not be used to
pay any part of a cost (including an administrative cost) incurred by the recipient to
carry out an agreement or commercial relationship that is not carried out to implement
Title III.
D. Prioritization for Service Delivery
The recipient shall develop and implement policies and procedures consistent with
Older Americans Act targeting criteria.
E. Service Cost Reports:
The recipient will require subrecipients to submit semi-annual service cost reports that
reflect actual costs of providing each service by program. This report provides
information for planning and negotiating unit rates.
8
Agenda Item No. 16D2
December 12, 2006
Page 10 of 13
2007
Agreement Number OAA 203.07
ATTACHMENT II
OLDER AMERICANS ACT PROGRAM
Advance based on projected cash need.
Submission of expenditure reports mayor may not generate a payment
request. If final expenditure report reflects funds due back to the Agency,
payment is to accompany the report.
Report # 1 for Advance Basis Agreements cannot be submitted to the State
Comptroller prior to January 1 or until the agreement with the Agency has
been executed and a copy sent to the Department. Actual submission of the
vouchers to the State Comptroller is dependent on the accuracy of the
expenditure report.
The last two months of the recipient's fiscal reports covering actual
expenditures shall reflect an adjustment repaying advances for the first two
months of the agreement, if advances have not been recouped.
AGREEMENT REPORT CALENDAR
ADVANCE BASIS AGREEMENT
Report
Number
Based On
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
January Advance'"
February Advance'"
January Expenditure Report
February Expenditure Report
March Expenditure Report
April Expenditure Report
May Expenditure Report
June Expenditure Report
July Expenditure Report
August Expenditure Report
September Expenditure Report
October Expenditure Report
November Expenditure Report/Jan. Adv. Recon.**
December Expenditure ReportlFeb. Adv. Recon."''''
Final Expenditure and Request for Payment Report
Closeout Report
Legend:
*
"''''
Note # 1:
Note # 2:
9
Submit to Agency
On This
Date
January 1
January 1
February 10
March 10
April 10
May 10
June 10
July 10
August 10
September 10
October 10
November 10
December 10
January 10
January 31
February 15
2007
Agenda Item No. 16D2
December 12,2006
Page 11 of 13
Agreement Number OAA 203.07
OLDER AMERICANS ACT PROGRAM
BUDGET SUMMARY
RECIPIENT: Collier County Services for Seniors
1. Title ill B Support Services
2. Title Cl Congregate Meals
3. Title C2 Home Delivered Meals
4. Title ill E Services
Total
10
$288,545.00
$ 37,020.00
$ 33,281.00
$ 85,058.00
$ 443.904.00
ATTACHMENT III
2007
Agenda Item No. 1602
December 12, 2006
Page 12of13
Agreement Number OAA 203.07
ATTACHMENT IV
OLDER AMERICANS ACT PROGRAM
RATE SUMMARY
COLLIER COUNTY SERVICES FOR SENIORS
Services
Total Cost
Reimbursement Rate
Case Aide $20.68 $18.61
Case Management $44.55 $40.10
Screening & Assessment $28.68 $25.81
Transportation - Group Cost Reimbursement Cost Reimbursement
Intake $25.43 $22.89
Chore $20.00 $18.00
Enhanced Chore $28.89 $26.00
Homemaking $20.00 $18.00
Personal Care $22.23 $20.00
Facility Respite $10.00 $9.00
In-Home Respite $20.00 $18.00
Adult Day Care $10.00 $9.00
EARS $1.30 $1.17
11
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D2
December 12, 2006
Page 13 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D2
RecommendatIon to authorize the Chairman to stgn the agreement between Collier County
Board of County Commissioners and the Area Agency on Aging for Southwest Flonda, Inc..
approve the Older A.mencans Act continuation grant in the amount of $858,413, and approve
budget amendments in Ine amount of $443.904
12/12/20069:00:00 AM
Date
Prepared By
Terri A. Daniels
Public Services
Grants Coordinator
Human Services
11127/20064:50:07 PM
Date
Approved By
Marcy Krumbine
Public Services
Director
Human Services
11/28/20068:26AM
Date
App roved By
Marlene J. Foord
Administrative Sen/ices
Grants Coordinator
Administrative Services Admin.
11128/2006 8:27 AM
Date
Approved By
Marla Ramsey
Public Services
Public Services Administrator
Public Services Admin.
11/30/20068:23 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11130/20068:49 AM
Date
Appro,'ed By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management &. Budget
11f30120061 :21 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Manage.ment & Budget Dire-:-ror
Office of Management & Budget
1214f2006 339 PM
Date
Approved By
Leo c. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
12/5/200612:07 PM
Agenda Item No. 16E1
December 12, 2006
Page 1 of 25
EXECUTIVE SUMMARY
Recommendation to approve the donation of surplus items to the Sheriffs
Ranches Enterprises.
OBJECTIVE: To obtain approval from the Board of County Commissioners to donate
Collier County surplus items to the Sheriffs Ranches Enterprises.
CONSIDERATIONS: County departments have declared the attached list of items
(approximately 700 items) as no longer having a useful business purpose. The
Purchasing Department has advertised and made these items available to other county
departments for at least two weeks, and has declared the list of items as having very
limited commercial re-sale value.
The Sheriffs Ranches Enterprises has contacted the Purchasing Department and is
interested in receiving the surplus items as a donation. The Sheriffs Ranches
Enterprises is a Florida Non Profit 501 (C) (3) organization which provides direct
. revenue support to the Florida Sheriffs Association Youth Ranches.
.-
Founded in 1957 by the Florida Sheriffs Association, the Youth Ranches is a non-profit,
residential child-care and family service provider. It is a nationally recognized,
accredited agency with sites throughout the state of Florida.
The mission of the Florida Sheriffs Youth Ranches is to prevent juvenile delinquency and
develop lawful, productive citizens through a broad range of family-centered services.
The agency intends to use some of the items for operational purposes and sell the
balance of the items through their profit thrift stores for fund-raising purposes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
FISCAL IMPACT: Staff estimates that if the listed items were sold publicly, they would
generate net revenues of approximately $5,000.
RECOMMENDATION: That the Board of County Commissioners donate the attached
list of surplus items to the Sheriffs Ranches Enterprises.
PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department
/",.-..
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Agenda Item No. 16E 1
December 12, 2006
Page 25 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
l6E1
Recommendation to approve the donation of surplus Items to tne Sheriffs Ranches
Enterprises
Item Summary:
Meeting Date:
12/12/200690000 AM
Prepared By
Joanne Markiewicz
Operations Manager
Date
Administrative Services
Purchasing
11116/200612:54:44 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
11/29/20069:55 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin
11/30/20064:53 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management 8. Budget
12/1/200612:45 PM
Approved By
Laura Davissoll
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
12/11200612:53 PM
Approved By
Michael Smykowr.ki
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
12/1/20062:11 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
CommIssioners
County Manager's Office
12/4/2006 B:49 AM
Agenda Item No. 16E2
December 12, 2006
Page 1 of 9
-
EXECUTIVE SUMMARY
Recommendation to revise award of Bid 06-4048, "Quick Copy Services"
from Cecil's Copy Express and Ray Lepar Printing to Cecil's Copy Express
and Pro Print of Naples, Inc. for Section II (letter size, collated multiple
originals) of the contract.
OBJECTIVE: To procure various types of quick printing services on an as
needed basis to meet the County's requirements.
CONSIDERATIONS: The Board of County Commissioners awarded the
referenced contract in regular session on October 24, 2006 (item 16.E.1) to
Cecil's Copy Express for Sections I and III, and to Ray Lepar Printing for Section
II. An error in the bid tabulation analysis was discovered and the lowest
responsive bidder for Section II should be Pro Print of Naples, Inc. This award
becomes effective December 18, 2006.
--
FISCAL IMPACT: Quick Copy Services average $40,000 annually and funds
are appropriated in the FY 2007 operating budgets of the various using
departments.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners rescind the
award to Ray Lepar Printing for Section II and award Section II to Pro Print of
Naples, Inc.
PREPARED BY: Michael F. Hauer, CPPO, CPPB
Purchasing Acquisition Manager
,-.
Item Number:
Item Summary:
Meeting Oate:
Agenda Item No. 16E2
December 12, 2006
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15E2
Recommendation to revise award of Bid Ofj~4048, Quick Copy Services from Ceclls Copy
Express and Ray Lepar Pnntlng to Cecils Copy Express and Pro Print 01 Naples, Inc. for
Section II (letter Size, collated multiple originals) of the contract
12112120069.0000 AM
PurchasingfGeneral Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
PurchaSing
11122/2006 11 :59' AM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
11127120062:33 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Adminis.trative Services
Administrative Services Admin.
11/30/20064:56 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Ofrice of Management & Budget
12/1/200612:48 PM
Management & Budget Analyst
Date
Approved By
Laura Davisson
County Manager's Office
Office of Management & Budget
121112006 3: 30 PM
MichaelSmykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1214120068:45 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
1215/200612:14 PM
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EXECUTIVE SUMMARY
Agenda Item No. 16E3
December 12, 2006
Page 1 of 3
Recommendation to reject aU responses received under Bid 06-4052, "Marco Island
Library Rose HaU Addition", project 54004
OBJECTIVE: To reject all bids received and reissue as a bid for the construction of the meeting
room addition at the Marco Island Ubrary.
CONSIDERATION: Bid 06-4052 was posted on September 1, 2006 in the lobby of the
Purchasing Building. There were three (3) bids received ranging from $1,644,923 to $2,154,175.
Using the lowest bid, the project estimate would be just over $2,000,000 as compared to the
initial planning figure of $800,000 to $1,000,000. The funding source for this project is
donations, mainly from the Friends of the Marco Island Library.
The Library Department has concluded that the prices given were too high. Staff recommends
this contract be re-solicited.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
,-
RECOMMENDATION: That the Board of County Commissioners reject ttte bids reCfaived unqer
aid 06-4052 for the construction of the meeting room addition at the Marco Island Library. .
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management
Department
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E3
December 12, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E3
Recommendation to reject all responses receIved under Bid 06-4052, Marco ISland library
Rose Hall Addition. PrOject 54004
1211212006 900 00 AM
Facilities Management Director
Date
Approved By
Skip Camp. C.F.M.
Administrative Services
Facilities Management
1112812006 9:30 AM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Services
PUblic Services Admin.
111281200610:42 AM
Marilyn Matthes
Library Assistant Director
Date
Approved By
Public Services
Library
11128/200610:51 AM
Scott Johnson
PurchaslOg Agent
Date
Approved By
Administrative Services
Purchasing
1112812006 11 :09 AM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
11129/20063:24 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
11/29120063:54 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Ser\fices
Administrative Services Admin.
11/30120064:57 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
12/11200612:49 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management S Budget
1211120061:28 PM
Michael Smykows.ki
Management 8. Budget Director
Date
App roved By
County Manager's Off'lc..::
Office of r".ianagement & Budget
12/1120062:14 PM
Approved By
James. V. Mudd
Board of County
Commissioner~
County Manager
Date
County Manager's Office
12/1120067:20 PM
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Agenda Item No. 16E4
December 12, 2006
Page 1 of 48
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BeC approved amount, which are below the threshold
limits as referenced above.
-
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period October 23, 2006
through November 16, 2006.
FISCAL IMPACT: The total change to contracts is $1,902,194.81. The total change to work
orders is $ 66,841.25.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
/""'""
Agenda Hem No. 16E4
December 12, 2006
Page 2 of 48
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16E4
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts
12/12/2006900'00 AM
Item Number:
Item Summary:
Prepared By
Diana Deleon
Administrative Assistant
Date
Administrative Services
Purchasing
11/29/200610:30:47 AM
Approved By
Steve Carnell
PurchasingtGeneral SIICS Director
Date
Administrative Services
Purchasing
11/29120063:45 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
11/30120064:58 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
12/11200612:52 PM
Approved By
laura Davisson
Management & Budget Analyst
Date
County Manager's. Office
Office of Management & Budget
1211120063:48 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1214120069:27 AM
Approved By
James V, Mudd
County Manager
Date
Boa rd of Co unty
Commissioners
County Manager's Office
12/6120065:41 PM
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4
December 12, 2006
1 page 0 otH4b
I
to
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. 11
PROJECT NAME: Maintenance Dredama of Clam Pass PROJECT#: 900281 '7 J.
BID/RFP #: 01--3271 MOO #: LPO#: 4500058270 WORK ORDER #:HM-F1'-'06-D3
DEPARTMENT: Tourism
CONTRACTOR/FIRM NAME: Humiston & Moore Enafneers
.
Original Contract Amount:
$59.820.00
(Starting Point)
~.
Current BeC Approved Amount:
iN/A
(Last Total Arnount Approved by theBCC)
Current Contract Amount:
$59,820.00
(Including All Changes Prior To This Modification)
r
Change Amount:
$ 5,000.00
Revised Contract/Work Order Amount:
$ 64.820.00
(Including This Change Order)
Cumulative Dollar Value of Cbanges to this Contract/Work Order: $ 5,000.00
Date of Last BCC Approval 1/24/00- Agenda Item # ffi'Fil-
~
Percentage of the change over/under current contract amount 8.~1o
Formula: (Revised Amount {last Bee approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BeC amount, then Bce approval Is required; equallD or less than 10%
reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change d&es not exceed 10%
or $10,000, these changes are reported by the PurchasIng Department to the BCe administratively. Changers to these work orderi.that exceed those
thresholds require prior BCC approval. NON-cCNA Work Orders: If the change exceeds 10% of the current Bee amount, then Bee approval is
reqUired. If In doubt, contact your contract specialist. For more specific information regardIng work order thresholds, please refer fa the Procurement
Administration Procedures, Section IV.3.d. i
,
CURRENT COMPLETION D~TE (8): Mav 1. 2007 . .. . . . .... . i. .
Sl.JMM~YOFPROPOSED CHANGE{S}: Identffvthe chana(:!S. 'ncrease Task,7: PreD3re.~dsubntit:to.
t~e.DeJ:)artmehtof EnvironmeritalProtection.a reQu&$tfor mOdifiCation of Noijce:to Proceett to chanaathe
::~:n:::~:~::::=)~:: :~: a:::::fi7 :~~ese changes provide l....: 0 the project?
Adjustment in tasks required for completion of project in fiscal year 2006-2007. r
.;
PARTIES CONTACTED REGARDING THE CHANGE: Lv" Wood. Gary McAlpin ~.
IMPLEMENTATION STEP$ (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
YThe appropriate parties have been consulted regarding the change t
Y Proposed prices. fees and costs set forth in the change are reasonable t.
PROJECT MANAGER ECOMMENDATION: This form is to be slane,d an,d dated.
APPROVE BY:. . . . ('. .. ... Date: rl9/v,?IOtJ
REVIEWED s;a pi, roject a ager Date: 1~/.2~06
Lyn
. Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4 ;:(
December 12,2006
.'l r'flge..6 of4tD.
PROJECT NAME: Clam Pass Be,clJ Benourishment PROJECT #: 905271
Contact #: . 01-3271 MOD #: 1 POi: 4500048994 WORK ORDER #: CPE-FT -' 5..03
DEPARTMENT: Tourism ~~J ?1c,nTl; .......Ci
Original Contract Amount:
$ 839.865.40
.. (Starting Point)
Current BCC Approved Amount:'
$ 839.865.40
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 839.865.40 .
(Including All Changes Prior To This Modification)
Change Amount:
$00
Revised ContractIWork Order Amount:
$ 839.865.40
(Including This Change Order)
Cumulative Dollar VaIue of Changes to this ContractIWork Order: $ 0
I.
Date of Last BCC Approval 6-14-06 Agenda Item # 16F1 ,. '. . .
Percentage of the change under current contract amount...Q I
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount. then Bce approval is required; equal ~ or less than 10%
reported to Bee by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change cf,>es not exceed 10%
or $10.000, these changes are reported by the Purchasing Departmentto the Bee administratively. Changers to these wor1< order., that exceed those
thresholds require prior Bee approval.NON-CCNA Work Orders: If the change exceedS 10% of the current Bee amount, t~n Bee approval is
required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refet.Jto the Procurement
:::::=::Nrv::TE (S):ORIGINAL: 11-14-06 CURRENT: 11.14-061
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition to Labor Ratts:~survevor" at
an hourly rate of $75. t
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the;project?
Service of Surveyor bv vendor to be used on proiect. ~
PARTIES CONTACTED REGARDING THE CHANGE: Coastal Plannino: Gary McAlpin. LvnJwood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIAll
_ Y _ Proposed change is consistent with the scope of the existing agreement i
_ Y _ Proposed change is in fact an addition or deletion to the existing scope ~.
_ Y _ Change is being implemented in a manner consistent with the existing agreement I.
_ Y _ The appropriate parties have been consulted regarding the change Ii
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable . ..'
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. I
APPROVE BY:G Ii4 Date: I;/LF/~ I
REVIEWED B~:yn Date: /0);2.110/., :
;
i
~.
I
Revised 4/25/2005
~--c-=.::-_.=~.=--_.. -- ..===-::..:::._-:~~~._.---_._._.. . . '''._'---
!
Agenda Item No. 16E4 3
DeGember 12, 2006
Page 7 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: 195 Wia~dns Pass MonitorinalPermittinq & Survey
PROJECT#: 900e 2
srD/RFP #:. 06.!'3902 _MOD #: LPO#:45006~!J.~3. WQRK ORDER #:HMfl-06'()~: '
DEPARTMENT; Tourism CONTRACTORIFIRM NAME: tfUlJliston & Maora. ~ri:gin.e~.r$i . .
- . .- .......... .... . . .-. - . ......~. ....-
Original Contract Amount:
$30.770.00
(Starting Point)
Current BCC Approved. Amount:
ficA
'. (Last Total Amount Approved by theBCC)
Current Contract Amount:
$45.770.00
(Including All Changes Prior To This Modification)
, Change Amount:
, Revised ContractIWork Order Am()unt:
$ 15,671.25
$~1~441.25
(Including This Ch~ge Order)
Cr,I.m.ulative Dollar VaJue of Changes to this ContractIW ark Order: $ 30,671.25
. ..~ H Agenda rterh-#~"
N/A
.- ,
,
i
,
Percentage of the change over/under current contract amount 3-4-.24%
Formula: (Revised Amount I Last BCC approved amount)-1
ReSults and Actions: Contracts: If the change exceeds 10% of the current Bce amount, then BCe approval is required; equal" 0 or less than 10%
reported to Bee by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 Where the change c,.5es not exceed 10%
or $10,000, Ihese changes are reported by the Purchasing Department to the BCC administratively. Changers 10 the~e work ord
thresholds require prior BCC. approval. NON-CCNA Work Of"ders: If the change exceeds 10% of the current BCC amount,
required. If In doUbt. cOntact your contract spedalist. For more spedfic Information regarding work order thresholds. please refe
Administration Procedures, Section IV.3.d. .
CUR.RENT COMPLETION DATE (S): Jan~~rx 27. 200!" _.
I: SUMMARY OF PROPOSED CHANGE S: Identi thechan es.. Increase Tas.k 4: Subcon ultantE. 'ense:
I': Athena Technolog;esto peiform vibracore samplina asdetaifed in the attached proposaUThe requested
1 a'dditional bUdqet includes 50/0.;n accordance with paragraph 5.5' :1.
I JUSTIFICA TION FOR CHANG~. (S}: What value or benefit do these cha~ges provid~" to the project?
~~~~ro,:;,~,nd'~~arl~ ~~
PARTIES CONT~TE. EGARt'lTNGTHE CHAN"GE: L n Wood Ga MeAl rn aq
;~~~::~~;~:::~~~f~~~~~~~~~~1n;~~~:~~t~~~:~~~~9tN'6r N/A);.M t!;;/
Y Change is being implemented in a manner consistent with the eXisting agreement r u
X The appropriate parties have been consulted regarding the change
X Propg~ed prices, fee~ ~r:!.d9o.~t? ~etfQrtlJ in the change are reasonable
PROJECT MANAGER: ..... COM - EJ4PTibN: This form is to be signe a .... dated.
APPROVE By:....' '.:. .'.'@f. .... Date: Jl.;r: Jl~
REVrEWED B~~:" 'tn("",;roiectMa~ Date: /I1;~/;G
Lyn , Contract Specialist f /
Revised 4/25/2005
~.
~
~;
f;;
:;:::t/~r~:Zi;~'-.:Q}::;;~j;~::':::,::: :':\'-,~::, .'. '. _ ,.
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
10/24/06
Aqenda Item No. 16E4
- December 12, 2006
Page 8 of 48
Lf
PROJECT NAME: Willow West Swale Maintenance PROJECT #: 510072 & 510076
Improvements
BID/RFP #:01-3290 MOD #: 6
PO#:4500039496 WORK ORDER #:QGM-FT-05-01
DEPARTMENT: Stormwater ManaQement CONTRACTOR/FIRM NAME:Q. Gradv Minor & Associates.
P.A.
Original Contract Amount:
$ 43.166.00
(Starting Point)
Current BCC Approved Amount:
$ N.A.
(Last Total Amount Approved by the BCG)
Current Contract Amount:
$ 74.466.00
(Including All Changes Prior To This Modification)
$ 00_00
Change Amount:
Revised ContractIWork Order Amount:
$ 74.466.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 31.300.00
Date of Last BCC Approval N/A
Agenda Item # N/A
Percentage of the change over/under current contract amount 00.00
Formula: (Revised Amount / Last BCC approved amount)-1
0/0
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is
required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For
all work orders that exceed $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.
CURRENT COMPLETION DATE (S):ORIGINAL: Mav 06.2005 CURRENT: June 30. 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the current Work Order
allowino for a "No Cost Chanae Order" via this Chanqe Order #2 to the Work Order. The Chanae
Order will incorporate a Supplemental Rate Schedule titled Survevino.
See attached October 30. 2006, reauested Letter and Supplemental Rate Schedule.
Add Supplement Rate Schedule - To adjust the current Work Order allowing for a "No Cost Change
Order" via this Change Order #2 to the Work Order. The Change Order will incorporate a
Supplemental Rate Schedule titled Surveying. This will allow for no confusion in invoicing/payment
under Time and Materials
Agenda Item No. 16E4 t.f Ct
December 12, 2006 \
. Page 9 of 48
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Allow for
no confusion in invoicina/pavment under Time and Materials
PARTIES CONTACTED REGARDING THE CHANGE: Desian Professional - David Schmitt. P.E. Q.
Gradv Minor & Associates; Jerry Kurtz. Collier County Principal Proiect Manaaer: and Rhonda
Cumminas, Purchasina Department
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
~ Proposed change is consistent with the scope of the existing agreement
1 Proposed change is in fact an addition or deletion to the existing scope
X Change is being implemented in a manner consistent with the existing agreement
YThe appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: ckP /Z../7V C0 Date: -S ~bJ /t-C
, / "
Pr. . ct Ma ger
REVIEWED BY: ((... Date: /1-1-1-tJb
Contract Specialist
Agenda Item No. 16E44b
December 12, 2006
Page 10 of 48
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR. P.E.
NORMAN J. TREBILCOCI<. A.I.C.P., P.E.
C. DEAN SMl1H. P.E.
DA VlD W. SCHMm, P.E.
MICHAELJ. DELATE, P.E.
MICHAEL T. HERRERA. P.E.
GARY J. GASPERINI, P.E.
WlLSON A. GARCIA, P.E.
QGM-FT-3240
(01-3290)
SUPPLEMENTAL RATE SCHEDULE
SURVEYING
D. WAYNEARNOLD,A.LC.P.
STEPHEN v. BURGFSS, P.S.M.
JUAN A. ARAQUE.. P.S.M.
KEITH A. STEPHENSON, P.s.M.
KENNETH W. P AHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYUE, P.E.
Professional
Senior Registered Surveyor
Registered Surveyor '-
Survey Crew - 2 Person
(Includes Crew Chief)
Survey Crew - 3 Person
(Includes Crew Chief)
Survey Crew - 4 Person
(Includes Crew Chief)
GPS Survey Crew - I Person
GPS Survey Crew - 2 Person
(Includes Crew Chief)
GPS Survey Crew - 3 Person
(Includes Crew Chief)
Credentials
PSM
PSM
Rate
$I08/hr
$87/hr
$92/hr
$108/hr
$118/hr
$92/hr.
$108/jr
$ 123/hr
Note: Supplemental Rate schedule similar to that utilized under County Fixed Term. Surveying
Contract 2003-2004. See Basic Rate Schedule for other categories of professional and support
services.
(239) 947-1144 . FAX (239) 947-0375. Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 _ LC 26000266
r:\I0B\O-PIPROPOSAL\DWS\L VP old 41 drain impvmts 10-30-06.doc
PI
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
10/24/06
Agenda Item No. 16E4
December 12, 2006
Page 11 of 48
-:-
J
PROJECT NAME: Cypress Way East & Ibis Way Rd Crossina PROJECT #: 510142
& Track N Improvements
BIDIRFP #:01-3290 MOD #: ~
PO#:4500033629 WORK ORDER #:QGM-FT-04-08
DEPARTMENT: Stormwater Manaaement CONTRACTOR/FIRM NAME:Q. Gradv Minor & Associates.
P.A.
Original Contract Amount:
$ 35.790.00
(Starting Point)
Current BCC Approved Amount:
$ N.A.
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 138.818.00
(Including All Changes Prior To This Modification)
$ 00.00
Change Amount:
Revised Contract/Work Order Amount:
$ 138.818.00
(Including This Change Order)
Cumulati ve Dollar Value of Changes to this ContractIW ark Order: $ 103.028.00
Date of Last BCC Approval NtA
Agenda Item # Nt A
Percentage of the change over/under current contract amount 00.00
Formula: (Revised Amount / Last BCC approved amount)-1
0/0
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is
required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For
all work orders that exceed $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 speciafist. For more
specific information regarding work order thresholds, please refer to the Procurement Administration
Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: June 20. 2005 CURRENT: Mav 31.2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the current Work Order
allowinq for a "No Cost Chanqe Order" via this Chanqe Order #3 to the Work Order. The Chanqe
Order will incorporate a Supplemental Rate Schedule titled Survevinq.
See attached October 30, 2006. requested Letter and Supplemental Rate Schedule.
Add Supplement Rate Schedule - To adjust the current Work Order allowing for a "No Cost Change
Order" via this Change Order #3 to the Work Order. The Change Order will incorporate a
Supplemental Rate Schedule titled Surveying. This will allow for no confusion in invoicing/payment
under Time and Materials
..
Agenda Item No. 16E4
December 12, 2006
Page 12 of 48
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Allow for
no confusion in invoicina/pavment under Time and Materials
:lot
PARTIES CONTACTED REGARDING THE CHANGE: Desian Professional - David Schmitt. P.E. O.
Gradv Minor & Associates: Jerrv Kurtz. Collier County Principal Proiect Manaaer; and Rhonda
Cumminas. Purchasina Department
I~LEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
YProposed change is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
.::L Change is being implemented in a manner consistent with the existing agreement
";The appropriate parties have been consulted regarding the change
..:t... Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
REVIEWED BY'
Contract Specialist
Date:
APPROVE BY:
ate:
.
Agenda Item No. 16E4
December 12, 2006
Page 13 of 48
r5b
I
. .
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR. F.E.
NORMAN ]. TREBILCOCK, AJ.C.P., P.E.
C. DEAN SMITH, F.E.
DAVlD W. SCHMlIT. P.E.
MICHAELJ. DELATE, P.E.
MlCHAEL T. HERRERA, P.E.
GARY]. GASPERINI, P.E.
WILSON A. GAROA, P.E.
QGM-FT-3240
(01-3290)
SUPPLEMENTAL RATE SCHEDULE
SURVEYING
D. WAYNE ARNOLD, AlC.P.
STEPHEN V. BURGESS, P S.M.
JUAN A. ARAQUE, P.S.M.
KEITH A. STEPHENSON, P.S.M.
KENNETH W. P AHlITSKI
ALAN V. ROSEMAN
JEFFREY s. CURL,. ASLA,. RLA
IVY WYliE, P .E.
Professional
Senior Registered Surveyor
Registered Surveyor ~
Survey Crew - 2 Person
(Includes Crew Chief)
Survey Crew - 3 Person
(Includes Crew Chief)
Survey Crew - 4 Person
(Includes Crew Chief)
GPS Survey Crew - 1 Person
GPS Survey Crew - 2 Person
(Includes Crew Chief)
GPS Survey Crew - 3 Person
(Includes Crew Chief)
Credentials
PSM
PSM
Rate
$108/hr
$87/hr
$92/hr
$108/hr
$118/hr
$92Ihr.
$108/jr
$ 123/hr
Note: Supplemental Rate schedule similar to that utilized under County Fixed Term Surveying
Contract 2003-2004. See Basic Rate Schedule for other categories of professional and support
servlces.
,
I
(239) 947-1144. FAX (239) 947-0375 . Web Site: www.gradyminor.com
3800 Via Del Rey . Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 . LC 26000266
F:\JOBIO-P\PROPOSAl.\DWS\L VP old 4] drain impvmts 10-3M6.doc
PI
Agenda Item No. 16E4 r;,
December 12, 2006
Page 14 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM 04/25/05
PROJECT NAME: Old US 41 Drainaae Improvements PROJECT #: 511331
BIDIRFP #: 01-3290 MOD #: 1
POt: 4500058884 WORK ORDER#: QGM-FT-3290-oS-08
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 16.750.00
(Starting Point)
Current BCC Approved Amount:
$N.A.
(Last Total Amount Approved by the BCC) 6
$ 16.750.00
(Including All Changes Prior To This Modification)
Current Contract Amount:
Change Amount:
$
00.00
Revised Contract/Work Order Amount:
$ 16.750.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 00.00
Date of Last BCC Approval: N/A Agenda Item # N1A
Percentage of the change over/under current contract amount 00.00%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to
Bee on Purchasing report. For specific information regarding work order thresholds, please refer to
the Contract Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S); ORIGINAL: March 06. 2006 CURRENT: Julv 13. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the current Work Order
allowina for a "No Cost Chanqe Order" via this Chanae Order #1 to the Work Order. The Chanqe
Order will incorporate a Supplemental Rate Schedule titled Survevinq.
See attached October 30. 2006. requested Letter and Supplemental Rate Schedule.
Add Supplement Rate Schedule - To adjust the current Work Order allowing for a "No Cost Change
Order" via this Change Order #1 to the Work Order. The Change Order will incorporate a
Supplemental Rate Schedule titled Surveying. This will allow for no confusion in invoicing/payment
under Time and Materials
, Agenda Item No. 16E4 CQC\
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes pro"'~e2, 2006
project? Allow for no confusion in invoicina/oavment under Time and Materials. Page 15 of 48
PARTIES CONTACTED REGARDING THE CHANGE: Desian Professional- David Schmitt. P.E. Q.
Gradv Minor & Associates; Jerry Kurtz. Collier Countv Princioal Proiect Manaaer: and Rhonda
Cumminas. Purchasina Deoartment
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A)
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
..:i Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
<-( Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
(>> ~;JW Date: 3/0rlf/C1:
I 7
REVIEWED B Date: II -If-ob
Agenda Item No. 16E4b b
December 12, 2006 ..
Page 16 of 48
. .
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR, P.E.
NORMAN J. TREBll.COCK. AlCP., P.E.
C. DEAN SMITH. P.E.
DAVID W. SCHMITT. P_E.
MIOfAELJ. DElATE. P.E.
MIOfAEL T. HERRERA.. P .E.
GARY J. GASPERINL P.E.
WILSON A. GARCIA, P.E.
QGM-FT-3240
(01-3290)
SUPPLEMENTAL RATE SCHEDULE
SURVEYING
D. WAYNEARNOLD,A.Lc.P.
STEPHEN V. BURGESS, P S.M.
JUAN A. ARAQUE, PS.M.
KEITH A. STEPHENSON, P S.M.
I<ENNE11-I W. P AHUTSKI
ALAN V. ROSEMAN
JEFFREY 5. CURL,. ASLA, RLA
IVY WYUE, P.E.
Professional
Senior Registered Surveyor
Registered Surveyor '-
Survey Crew - 2 Person
(Includes Crew Chief)
Survey Crew - 3 Person
(Includes Crew Chief)
Survey Crew - 4 Person
(Includes Crew Chief)
GPS Survey Crew - 1 Person
GPS Survey Crew - 2 Person
(Includes Crew Chief)
GPS Survey Crew - 3 Person
(Includes Crew Chief)
Credentials
PSM
PSM
Rate
$108thr
$87thr
$92/hr
$108thr
$118thr
$92/hr.
$108(jr
$ 123thr
Note: Supplemental Rate schedule similar to that utilized under County Fixed Term Surveying
Contract 2003-2004. See Basic Rate Schedule for other categories of professional and support
servIces.
(239) 947-1144 . FAX (239) 947-ill75 . Web Site: www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 . LC 26000266
F:\IOB\O-J>Il'ROPOSALIDWS\L VP old 41 drain impvmlS 10-3().()6,doc
PI
Agenda Item No. 16E4 7
December 12, 2006
Page 17 of 48
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM 04/25/05
PROJECT NAME: Lake Interconnect for Lake Ecuet & PROJECT #: 510252
Mockinabird Lake & M.L. Discharae Outfall
BIDIRFP #: 01-3290 MOD #: 1
PO#: 4500063806 WORK ORDER#: QGM-FT-3290-06-13
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 11.750.00
(Starting Point)
Current BCC Approved Amount:
$N.A.
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 11.750.00
(Including All Changes Prior To This Modification)
Change Amount:
$
00.00
Revised ContractIWork Order Amount:
$ 11.750.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 00.00
Date of Last BCC Approval: N/A Agenda Item # N/A
Percentage of the change over/under current contract amount 00.00%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to
BCC on Purchasing report. For specific information regarding work order thresholds, please refer to
the Contract Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S); ORIGINAL: Julv 03. 2006 CURRENT: October 08. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adiust the current Work Order
allowina for a "No Cost Chanae Order" via this Chanae Order #1 to the Work Order. The Chanae
Order will incorporate a Supplemental Rate Schedule titled Survevina.
See attached October 30,2006. reauested Letter and Supplemental Rate Schedule.
Add Supplement Rate Schedule - To adjust the current Work Order allowing for a "No Cost Change
Order" via this Change Order #1 to the Work Order. The Change Order will incorporate a
Supplemental Rate Schedule titled Surveying. This will allow for no confusion in invoicing/payment
under Time and Materials
Agenda Item No. 16E4 7q
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes proVi\%",lttfe12, 2006
project? Allow for no confusion in invoicino/payment under Time and Materials. age 18 of 48
PARTIES CONTACTED REGARDING THE CHANGE: Desion Professional- David Schmitt. P.E. Q.
Gradv Minor & Associates: Jerry Kurtz. Collier County Principal Proiect Manaaer: and Rhonda
Cumminas. Purchasina Department
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
.::i.. Proposed change is consistent with the scope of the existing agreement
1Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
..,?The appropriate parties have been consulted regarding the change
XProposed prices. fees and costs set forth in the change are reasonable
Date:
J? /Oc~/(%
/
;/ /;~~6
.
REVIEWED BY:
Co ract Specialist
Date:
Agenda Item No. 16E4
December 12, 2006
Page 19 of 48
71
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR. P.E.
NORMAN J. TREBILCOCK.. AI.CP., P.E.
C DEAN SMITH, P.E.
DA VlD W. 5O-IMIIT, P.E.
MICHAELJ. DELATE,P.E.
MICHAEL T. HERRERA, P.E.
GARY J. GASPERlNI, P.E.
Wn.50N A GAROA, P.E.
QGM-FT-3240
(01-3290)
SUPPLEMENTAL RATE SCHEDULE
SURVEYING
D. WAYNE ARNOLD, ALCP.
STEPHEN v. BURGFSS, P S.M
JUAN A, ARAQUE, P.S.M.
KEITH A. STEPHENSON, P.S.M.
KENNE1H W. PAHlTI'SKI
ALANV. ROSEMAN
JEFFREY s. CURl.. ASLA,. RIA
IVY WYliE, P.E.
Professional
Senior Registered Surveyor
Registered Surveyor "-
Survey Crew - 2 Person
(Includes Crew Chief)
Survey Crew - 3 Person
(Includes Crew Chief)
Survey Crew - 4 Person
(Includes Crew Chief)
GPS Survey Crew - 1 Person
GPS Survey Crew - 2 Person
(Includes Crew Chief)
GPS Survey Crew - 3 Person
(Includes Crew Chief)
Credentials
PSM
PSM
Rate
$108/hr
$87/hr
$92/hr
$I08/hr
$1l8/hr
$92/hr.
$108/jr
$ 123/hr
Note: Supplemental Rate schedule similar to that utilized under County Fixed Term Surveying
Contract 2003-2004. See Basic Rate Schedule for other categories of professional and support
servrces.
1
.j
(239) 947-1144 _ FAX (239) 947-0375. Web Site: www.gradyminor.rom
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 . LC 26000266
F:\10B\Q..P\PROPOSAL\DWS\I.. VI' old 41 drain impvm18 10-30-06.doc
PI
Agenda Item No. 16E4 ~
December 12, 2006
Page 20 of 48
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM 04/25/05
PROJECT NAME: Palm River Estates Unlt#4 Drainaae Easement
& Stormwater ImDrovements
PROJECT #: 511411
BID/RFP #: 01-3290 MOD #:!
PO#: 4500071720 WORK ORDER#: QGM-FT-329Q-06-18
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 22.250.00
(Starting Point)
Current Contract Amount:
$N.A.
(Last Total Amount Approved by the BCC) 6
$ 22.250.00
(Including All Changes Prior To This Modification)
Current B CC Approved Amount:
Change Amount:
$
00.00
Revised Contract/Work Order Amount:
$ 22.250.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 00.00
Date of Last BCC Approval: N/A Agenda Item # N/A
Percentage of the change over/under current contract amount QQ&Q.%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to
BCC on Purchasing report. For specific information regarding work order thresholds, please refer to
the Contract Administration Procedures, Section III.CA.
-,
CURRENT COMPLETION DATE (S); ORIGINAL: November 06.2006 CURRENT: Mav 04. 200' ~
.
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. To adiust the current Work Order
allowinq for a "No Cost Chanqe Order" via this Chanqe Order #1 to the Work Order. The Change
Order will incorporate a Supplemental Rate Schedule titled SurvevinQ.
See attached October 30.2006, requested Letter and Supplemental Rate Schedule.
Add Supplement Rate Schedule - To adjust the current Work Order allowing for a "No Cost Change
Order" via this Change Order #1 to the Work Order. The Change Order will incorporate a
Supplemental Rate Schedule titled Surveying. This will allow for no confusion in invoicing/payment
under Time and Materials
.
. Agenda Item No. 16E4 <6ct
JUSTIFICATION FOR CHf'-NGE (S): What value or benefit do these changes pro~~e2, 2006
project? Allow for no confusion in invoicina/pavment under Time and Materials. age 21 of 48
PARTIES CONTACTED REGARDING THE CHANGE: Desian Professional- David Schmitt. P.E. a.
Gradv Minor & Associates: Jerry Kurtz. Collier County Principal Proiect Manaaer: and Rhonda
Cumminas. Purchasina Department
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
dProposed change is in fact an addition or deletion to the existing scope
X Change is being implemented in a manner consistent with the existing agreement
.j:"The appropriate parties have been consulted regarding the change
-TProposed prices, fees and costs set forth in the change are reasonable
REVIEWED BY: !
C n ract Specialist
Date: 3ltJcojb~
II /14 /0 b
I I
APPROVE BY:
Pr .
Agenda Item No. 16E4 2 b
December 12, 2006 .. .
Page 22 of 48 ...
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK,. AI.C.P., P.E.
C. DEAN SWTIL P.E.
DAVID W. SCHMITI, P.E.
MICHAELJ. DELATE. P.E.
MICHAEL T. HERRERA. P.E.
GARY J. GASPERINI, P.E.
WIlSON A. GAROA. P.E.
QGM-Fr-3240
(01-3290)
SUPPLEMENTAL RA'IE SCHEDULE
SURVEYING
D. WAYNE ARNOLD, ALCP.
STEPHEN V. BURGFSS, PS.M.
JUAN A. ARAQUE, P S.M.
KEITH A. STEPHENSON, P S.M.
KENNETH W. P AHUTSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYLIE.. P .E.
Professional
Senior Registered Surveyor
Registered Surveyor .....
Survey Crew - 2 Person
(Includes Crew Chief)
Survey Crew - 3 Person
(Includes Crew Chief)
Survey Crew - 4 Person
(Includes Crew Chief)
GPS Survey Crew - 1 Person
GPS Survey Crew - 2 Person
(Includes Crew Chief)
GPS Survey Crew - 3 Person
(Includes Crew Chief)
Credentials
PSM
PSM
Rate
$108Jhr
$87/hr
$92/hr
$108/hr
$118/hr
$92/hr.
$108~r
$ 123/hr
Note: Supplemental Rate schedule similar to that utilized under COlUlty Fixed Term Surveying
Contract 2003-2004. See Basic Rate Schedule for other categories of professional and support
semces.
(239) 947-1144 . FAX (239) 947..()375 . Web Site: www.gradyminor.com
3800 Via Del Rey . Bonita Springs. Florida 34134-7569
, EB 0005151 . LB CKXlSl51 . LC 26000266
F:\1QB\O-P\PROPOSALIDWSIL VP old 41 drain imJMDls 10-30-06.doc
PI
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4
December 12. 2006
Page 23 of 48
9
PROJECT NAME: Isles of Capri Pump Station Hydraulic system Improvements
PROJECT #:
70906
BID/RFP #: 05-3785 MOD #: 2
PO#: 45.,.59869
WORK ORDER #:
BE-FT-3785-06-02
DEPARTMENT: PUED
CONTRACTOR/FIRM NAME: Boyle Engineering Inc.
Original Contract Amount:
$ 38,090.00
(Starting Point)
Current BCC Approved Amount:
$ NJA
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 41,625.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 2,410.00
Revised Contract/Work Order Amount:
$ 44,035.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 5,945.00
Date of last BCC Approval
NONE
Agenda Item #
N/A
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last Bee approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount, then BCe approval is required; equal to or less than 10%
reported to Bee by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the Bee administratively. Changers to these work orders that exceed those
thresholds require prior Bee approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCe amount, then Bee approval is
required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d.
15.6 %
CURRENT COMPLETION DATE (S):ORIGINAl: 4/20/2006
CURRENT:
12/16/2006
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Increase cost and time to complete
task II: preparation of engineering documents
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This change will allow the design modification requested by staff to the hydraulic piping at the PS
PARTIES CONTACTED REGARDING THE CHANGE: Boyle Engineering, Water dept, Purchacing dept
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope ofthe existing agreement
~ 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 change is consistent with the scope of the existing agreement
Y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG
APPROVED BY:
REVIEWED BY:
ECOMMENDA I N: This form is to be signed ~ dated\
..s2- ~ Date: 1 \ \ L{ 0 'f"
prOj~g~ al~
Contra pecialist
Date:
1/ II 5jOh
/
Revised 3/29/06
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4/0
December 12, 2006
Page 24 of 48
PROJECT NAME: Pelican Bay/Bay Colony Shores Fire system Improvements
PROJECT f!;:
140231
BID/RFP #: 04-3535 MOD #: .-!- pot: 4500061472 WORK ORDER #: UC -11;3
DEPARTMENT: PUED CONTRACTOR/FIRM NAME: Mitchell & Stark Constructlon Co. Inc.
Original Contract Amount:
S 694,300.00
(Starting Point)
Current BeC Approved Amount:
$ 694,300.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 701, 243.00
(Including All Change$ J,>rior To This ModifiCQ.tion)
Change Arnot.nt;
S 43,760.00
$ 745,003.00
(Including This Chqc Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $ ~ 703.00
Date of Last ace Approval
06128/2005
Agenda Item #
16(C)16
Percentage of the change over/under current contract amount
Formula: (Revlsad Amount I Last acc appl'OVlld amount)-1
RQI\Ultlil and Actions: Contracts: IF tile change exceeds 10% of the current Bee amount, then BOO E1pproval is required; equ/ilt Ie. or leas than 10%
reported to BCe by the plJrc:hasing departmenl CCNA Work Orders: For all work order$ that exceed $90,000 whare the c:hange d:JeSnot 9xct;!ed 10%
or $10.000, thee changes.am reported by the Purchasfng Department to the Bee adminlGtratJvely. Changers to these work orders !hat exceed those
thresholds require prior ace approval NON-CCNA Work Orders: If the change eXQeec!s 10% of the culT!lnt Bce amount, than BCC approval Is
reqUired. If in doubt, contact your contract specialist For more spec:i1io ihformation regarding work order thrlilGhold~, plMlIe refer to the Procurement
Administration F'I'OCledures. Section 1V.3.d.
..sa- l' :!;
%
CURRENT COMPLETION DATE (S):ORIGINAL: 10/05/06
CURRENT: 12/04/06
SUMMA~Y OF PROPOSED CHANGE (S): Identify the changes. Additional Services require!, to coml?lete
Additional installations needed to complete the improvements.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This change will imQrove the fire sUI)Pression system by; a) removing a dead end line, b) creatin!l a loop in the
In the distribution lines, c) enhance the bacterial cleansing required,
PARTIES CONTACTEO REGARDING THE CHANGE: Wilson Miller, Water Distribution Dll~~t,
Mitchell and Stark Construction Co. Inc.
IMPLEMENTATION STgf'S (Verify each before proceeding with change usIng Y, N or N/A)
..::!- Proposed change! Is consistent with the $Cope of the existing agreement
2L.... Proposed change III In fact an addition or deletion to the exIsting sc:ope
..:!.- Chenge is being implemented in a manner consistent with the existing agreement
.:i- The al'Propriale parties have been oonsufled regarding the change
..:!.- Proposed change Ill. consistent with !he scope of the existing agreement
..:f...- proposed prices, fees and oosts set forth In the ehange are reasonable
PROJECT MANAGER RECOMMEN~ON.:...ThiS form Is to be signed and dated. \
APPROVED BY: C~\~~ L....:-...I.l\ ...... Date: ~O'"2.. _ .0(,0
Project a ager } ()
REVIEWED BY: ./ 0 th1-tk' Date: ( I J I to lOb
Contra ecialist -L!.f--- / -
Revised 3/29/06
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CONTRACTIWORK ORDER MODIFICATION
I L..L .. ..L__ r -ll.t.,- CHECKLIST FORM
~LV<J'-I%f LO 12.c.t.-IO"s L.. s. i:.lec.:tr,
PROJECT NAME: ~\de.s; a ~I~~v AAJ't'\S PROJECT #: 7..3'1;2,;;1/1
BID/RFP #: ct-3940 MOD #: C.O. Ff;.2 POI: 'isoc.r;tt;>'10 WORK ORDER #:
Agenda Item No. 16E4
December 12,2006
Page 29 of 48
I
I-f/A
DEPARTMENT: fUE})
CONTRACTOR/FIRM NAME: E B 5/lHJtWl1d Elecfr(Ca~ 1.
'J/3 00
$ ~ )3S0.-
(Starting Point)
t'O
$ :263)350.-
(Last Total Amount Approved by the BCe)
00
$ .26~ '(SO- -
(Including All Changes Prior To This Modification)
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 0
Revised Contract/W ork Order Amount:
00'
$ ;;l6 F; 9.50. -
(Includi~g This Change Order)
. . 00
Cumulative Dollar VaIueof Changes to this Contract/Work Order: $ 51 600. -
Date of Last BCC Approval ~h~/66 Agenda Item # It> C 8'
Percentage of the change over/under current contract amount 0 %
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bec amount, then Bee approval is required; equal to or less than 10%
reported to BCe by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the Bee administratively. Changers to these work orders that exceed those
thresholds require prior BeCapproval. NON-CCNA Work Orders: If the change exceeds 10% of the current Bee amount, then Bee approval is
. required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
. Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: \t)~7~6
CURRENT:
I j/(r,hb
SUMMARY Of PROgOSED CHANGE (S)ildentify the changes. }Jo ~cQ$t ~Y\.5~ ord er -to e)(te11d.
. -the Co~'Dle6o^ Da~ 60 ga.v.s.
f I
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
h.c if ~rv 'ec:-t (o~e- au t f h.. t.sc, e 'r- C\OCl " t,-
) l1e..e r..s
ION: This form is to be signed and dated.
Date: '%3~6
Date: /0 / t2 3/,J/'
I " ~
Revised 3/29/06
1
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4 ....,
December 12, 2006 0\..
: Pago 30 of 18 ,
PROJECT NAME: 195 WiClains Pass Monitorlng/PermlttinCl & Survev PROJECT#: 9000 2
BID/RFP #: 06-3902 MOD #: LPO#: 450065993 WORK ORDER #:HM-FT '()6.()5 1:1
DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Humiston & Moore f!ngineers
Original Contract Amount:
$30.770.00
(Starting Point)
Current BCC Approved Amount:
SN/ A _.- ...
(l.3St Total Amount Approved by the BCe)
Current Contract Amount:
$30,770.00
(Including AU Changes Prior To This Modification)
Change Amount:
S 15.000.00
$ 45.770.00
(Including This Change Order)
Revised Contract/Work Order Amount:
1
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 15,000.00
'.
N/A
..,.. . ...
Agenda Item #
N/A
Date of Last BCC Approval
Percentage of the change over/under current contract amount 48075% t'
Formula: (Revised Amount I Last BCC approved amount)-1 ~
Results and Actions: Contracts: If the 'change exceeds 10% of the current BCC amount, then Bee approval is required; eqUal' or less than }1. 0%
reported to BCe by the purchasing department. CCNA Work Orders: For all worle orders that exceed $90;000 where the change d not exceed 1 0%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, ehangers to these work orders that exceed those
thresholds require prior sec approva'-' NON-CCNA Work Orders: If the change exceeds 10% of the current Bee amount, th~n BCe approVal is
required. If in doubt, contact your contract specialist. For more specific information regarding worle order thresholds, please refer~o the Procurement
Administration Procedures, Section IV03.dOI ',I
CURRENT COMPLETION DATE (8): Januarv27. 2007: ",. j .
SUMMARY OF PROPOSED CHANGE (51: Identify the changes. Increase .Task 3: Obtain East Channel
DredginQ history and associated information. Work with the Department of Environmental Protection staff
to modify the state permits'to Include the East Channel with the current WiQQins Pass project. Obtain
vibracore proposal to obtain samples from tile East Channel. Attend meetings as reauested bv staff;
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provldef to the project?
Adjustment in tasks required for completion of project in fiscal year 2006-2007. F
PARTIES CONTACTED REGARDING THE CHANGE: L n Wood Ga McAI in f
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 price..s.. ' ..~...ees.. an.d c. o..s....ts....s....e.....t .f,...o.....rth in the change are reas~ona b. Ie... ..
PROJECT MANAGE .' RECOMME ATdON: This form is to be s. ed d dated.
APPROVE BY: ' . "p Date: h . 06
G. pi ..F?' 'ect.i}l ger 'V ~
REVIEWED BY: . Qate: /t).;2 ~
Lyn '
Revised 4/25/2005
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4
December 12, 2006 3
Page 31 of 48
PROJECT NAME: NORTH COLLIER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK.
PROJECT #:80602
BID/RFP #: 01-3189 MOD #:26 PO#:4500037217
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$53,802,645.00
(Starting Point)
Current BCC Approved Amount:
$42,023,463.30
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$39,719,884.89
(Including All Changes Prior To This Modification)
Change Amount:
$229,905.58.
Revised Contract/W ork Order Amount:
$39,949,790.47
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: ($-13,852,854.53)
Date of LastBCC Approval: 5/24/2005 Agenda Item #16(0)4
Percentage of the change under current contract amount: - 4.93%
Formula: (Current Amount 1 Last BCC approved amount)-1
Results and Actions: If the ehange exeeeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specifie information regarding work order thresholds, please refer to the Contract
Administration Procedures, Seetion III.CA.
CURRENT SUBSTANTIAL COMPLETION DATE (S):ORIGINAL: 5/10/2006 CURRENT: 6/17/2006
SUBSTANTIAL TURF COMPLETION DATE: 11~2006*,' I
~ ~ .,o/~ of. .'
*Substantial completion date for the entire Park, .vtf({h~the exception of the grow-in of the sports field
turf, was achieved on June 17, 2006. This date is consistent with the revised substantial completion
date authorized in the previous Change Orders. Substantial completion date of the turf grow-in is
November 26, 2006 per the approved contract six month turf grow-in.
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. This additive Change Order # 26 is
associated with owner directed changes as well as design related changes that have arisen thorough the
construction process. These changes include effluent telemetry, changes to foul poles, additional signs,
door changes, planter. walls, additional fencing, sod, landscaping, drainage, water use costs, handicap
ramps, soil testing, fire alarm damage, electrical changes, road striping, counter changes, window change,
kitchen hood changes, and additional items as listed in the Change Order back-up. Collectively these
items add up to $229,905.58.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This Change order is a result of owner driven changes and design related adjustments that have arisen
during the construction. These items provide added value to the owner and solve on-site issues that hE
arisen. These items are cost effective solutions. This change order has been thoroughly vetted with the
design professionals, contractor, County staff, Clerk's Finance Office and the project team. This resulting
change order has merit and is substantiated.
Revised 4/25/2005
Agenda Item No. 16E4 3q
PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administratorr;>~lIClMst.rUJc0entract
Specialist, Clerks Finance Department Special Projects Coordinator, County Project ManigeJ'S12 of 48
; IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_x_ Proposed change is consistent with the scope of the existing agreement
_x_ Proposed change is in fact an addition or deletion to the existing scope
_x_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
-1'- Proposed prices, fees and costs set forth in the change are reasonable
ATION: This form is to be signed and dated.
Date: /O/Z~
Date: 10--- ju-66
st, Contraet Specialist
ing Department
-,
Revised 4/25/2005
-,
" jj
,;
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4 '-f
December 12, 2006
Page 33 of 48
I:
PROJECT NAME: Immokalee Road Widenina US 41 to 1-75
PROJECT #: 66042B
BID/RFP #: 05-3788 MOD #: 4 PO#: 4500044405 WORK ORDER #: NA
DEPARTMENT: Transportation EnaineerinQ and Construction ManaQement
Original Contract,Amount:
$ 26.947.099.43
(Starting Point)
Current BCC Approved Amount:
$ 26.947.099.43
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 27.019,462.50
(Including All Changes Prior To This Modification)
Change Amount:
$ 19.627.96
Revised Contract/Work Order Amount:
$ 27.039.090.46
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIW ork Order: $ 91.991.03
Date of Last BCC Approval March 8. 2005
. Agenda Item #
10C
Percentage of the change over/under current contract amount 0.34 %
Formula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Proeedures, Section IV.3.d
Revised 10/5/05
Agenda Item No. 16E4 4- '\
Mike~Jordan (PBS&J Senior Proiect Manaaer): Dennis' Dav (Proiect Manaaer): Charles McGlsaMElolnB. C21ao1o. Inc
:Proiect Manaaer). Page 34 of 48
_ IM'PLEMENTATlON STEPS (Verify each before proceeding with change using Y, N or N/A)
..::L. Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
..::L. Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
10/17/06
11/ I /'06
t
Revised 10/5/05
i
Agenda Item No. 16E4
December 12,2006
Page 35 of 48
PROJECT NAME: Collier County Services for Seniors PROJECT #: NA BID/RFP #: 05-3823
MOD #: 1 PO#: 4500064258. 4500064261. 4500064260. 4500057238. 4500057241. 4500057240. 4500057285 and
4500057236 WORKORDER #: NA
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
5
DEPARTMENT: Human Services CONTRACTOR/FIRM NAME(s) : Accu-Care Nursina Services. Home Instead Senior Care
and Health Force
Original Contract Amount:
$ NA
(Starting Point)
Current BCC Approved Amount:
$ NA
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ NA
(Including All Changes Prior To This Modification)
Change Amount:
Revised ContractlWork Order Amount:
$
-0-
$
NA
(Including This Change Order) .
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0
Date of Last BCC Approval June 14. 2005
Agenda Item # 16.D.4
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount, then BCC approval is required; equal to or
less than 10% reported to Bce by the purchasing department. CCNA Work Orders: For all work orders that exceed $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,
o
%
CURRENT COMPLETION DATE (S):ORlGINAL:
NA
CURRENT:
NA
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. To provide for hourly rate Increases.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Since the time of award,
skilled nursing hourly rates have risen. The three finns providing these services have requested a rate increase. The local Area
Agency on Aging of Southwest Florida. Inc has verified that Lee County has allowed for Increases to the hourfy rates. To follow
suit and to keep the health care service prOViders on board in Collier.
PARTIES CONTACTED REGARDING THE CHANGE: Scott Johnson. Purchasino: Linda Best Purchasino, Kelsev Ward.
Purchasino. Judv Scribner, Human Services. Terri Daniels. Human Services
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A)
l Proposed change is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED
NDATlON: This form is to be signed and dated.
. Date: ~ 1~2-1 tJ lfl
an/Services 4~
r--- - Date: ~~ nc:'
est, ontract Specialist /
Revised 10.24.2006
Agenda Item~~4
December 12, 2006
Page 36 of 48
Supplemental Authorization Exhibit "AI-A"
Contract Rate Caps - Appendix I
SERVICE
MAXIMUM FEE
MATCHING
FUNDS
TOTAL BILLING RATE
Chore $20.00/hr. -$2.00 $18.001hr.
Enhanced ChoreA $28.89/hr. -$2.89 $26.001hr.
Homemaker $20.00/hr. -$2.00 $I8.001hr.
Personal Care $22.23/hr -$2.23 $20.001hr.
Respite (In Home) $20.00/hr. -$2.00 $I8.001hr.
Skilled Nursing* $38.89/hr -$3.89 $35.001hr.
^ Enhanced Chore requires two (2) or more workers performing multiple tasks at the same time.
* Added professional position
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME; Collier County Seven Story Addition Annex PROJECT #: 52533-3
BlDJRFP.: 04-3576 MOD #: LPO#:4500025867 WORK ORDER #:
DEPARTMENT:Fac:i1ities CONTRACTOR/FIRM NAME: Kraft Construction
Agenda Item No. ~E4
DO::9mbor 12, Qs
Page 37 of 48
Original Contract Amount:
S 115,000.00
(Starting Point)
$ 20,646,800.00
(Last Total Amount Approved by the BCC)
$ 20,271,413.21
(Including All Changes Prior To ThIs Modification)
$ 370,386.79
$ 20,641,800.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $(5,OOO.00)
Current BeC Approved Amount:
Curnnt ContnIct Amount
Change Amount:
Revised ContractJWork Order Amount:
Date of Last BCC Approval 12/13/05
Agenda Item # 16 E 3
Percentage of the change over/under current contract amount -0.02%
FonnuJa: (Revised Amount I Last BCe approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount, then BCC approval is required; equal to or
Jess than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 whene
the change does not exceed 10% or $10,000, these changes ane reported by the Purchasing Department to the BCe administratively.
Changers to these work orders that exceed those thresholds nequine prior BCC approval. NON-CCNA Work Orden;: 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
inronnation regarding work order thresholds, please nefer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORlGINAL: Not yet established CURRENT: Not vet established
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To cancel Drevious Direct Material Purchase Orders due to establishine: new GMP for
7 stories instead of 4 stories. These services will be rcnCl!otiated after a new GMP is aooroved by the Board,
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Enable Kraft Construction to
reissue the DMP with the new scooe of service under the new GMP.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Linda Jackson Bast, SkiD CamD
IMPLEMENTATION STEPS (Verify each before proceedIng with ch.nge using Y, N or N/A)
_X_ Proposed change is consistantwith the scope oftha existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_x_ ehange is being implemented in a manner consistent with the existing agneement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are neasonable
PROJECT MANAGER RECO MENDATION: This fonn Is to be signed and dated.
APPROVE BY: Date: l(cr6~
. REVIEWED BY. Date: '/ /.l.A "
/ I
Revised 10.24.2006
JI,' '~;:. .~,- ....... '..... ;,...-....;...,. . "..:
,
i
,
.,~~;~.1t~',~'~'.:.-g~.iUl
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4 7
December 12, 2006
Page 38 of 48
PROJECT NAME: SCRWTP 20-MGD Wellfield Expansion - Test Wells PROJECT #: 70892
BIO/RFP #: 06-3907 MOD #:~PO#: 4500057382 WORK ORDER #:
DEPARTMENT:PUED
Original Contract Amount:
$ 1,035,025.00
(Starting Point)
Current BCC Approved Amount:
$ 8ea,a20.00 i} 0.35; f) 25,00 ~
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 863,320.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 20.000.00
Revised Contract/Work Order Amount: $ 883.320.00
" , (Including This Change Order)
r
G'llIDl,llative DollarYalue of Changes to this Contract/Work Order: $ Cti1.705.00) eLJ
f. .. , ;.... . . .. ". ., .
"p'ate of Last BCCApproval 11/29/2005
Agenda Item # 10 D
Percentage of the change over/under current contract amount 2.32:%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
, Purchasing Report. For specific information regarding work order thresholds, please refer to the Contraet .
Administration Procedures, Seetion (II.CA.
1 ~URRENT COMPLETION DATE (8): ORIGINAL: 7/20/20'06
CURRENT: 12/1/2006
I : SUMMARY OF PROPOSED CHANGE (5): Identify the changes: Added $20.000 for demobilization and re-
i mobilization due to floodino and adiusted the eompletion date aceordinalv.
: f.. '.' ,""" \,'.
i
; JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
i The chanaes are neee~sarv to compensate for floodina delavs that could not be avoided.
"
. PARTIES CONTACTED REGARDING THE CHANGE: Jeff Hausinaer (Hausinqer & Ass.). L. Wood.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
~ Proposed change is consistent with the scope of the existing agreement
~ Proposed change is' in fact an addition or deletion to the existing scope
, X Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and eosts set forth in the ehange are reasonable
i
ATION: This form is to be signed and dated.
Date:
11/1/2006
II /:E / U06
I I
: REVIEWED BY:
'~
'0' c
ate:
~~ ~ ,
~ -
. Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION Agenda Item No. 16E4
.. CHECKLIST FORM December 12, 2006
~'->-"; , · Page 39 of 48
PROJECT NAME: Consolidated Manaaement Contract for Fixed Route & Para Transit Svstems
PROJECT #: ,r~" .'
BIQ/RFP #: 05-3845 MO[), 'I!: LPO#:
g
WORK ORDER #:
DEPARTMENT: ATM De t..
; ".
Original CDntract Amount:} .
I I
, .
$ 25.682.974.00
(Starting Point)
tc"
Current BCC Approved ~~)llnt:
Pi
S 25.682.974.00
(Last Total Amount Approved by the Bee)
Current Contract Amount~.::
~. . ..j. :r~<;.:,
$ 26.623.849.00
(Including All Changes Prior To This Modification)
Change Amount:
S 205.061.76
Revised Contract/Work O~\er Amount:
$ 26.828.910.76
(Including This Change Order)
Cumulative Dollar Value 0'1 Changes to this Contract/Work Order: $ 1 ,145.936.76
Date of Last BCC Approval 9/27/05
Agenda Item #
10F
t.';. ~. r'
Percentage o( the change over/under current contract amount 4.46 %
Formula: (Current Amount/Last acc approved amount)-1
Results and Actions: If tl1e;change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report, For sp~,cific information regarding work order thresholds, please refer to the Procurement
Administration procedure~i Section IV.3.d
. .
" '.'.
, .. . .
CU.~RENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SuMMARY OF PROPOSED CHANGE (S): Identify the changes.
This change order adds 4~f72.12 revenue hours to this contract because of the addition of transit Sunday Service.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Additional service hours ~ere added for the convenience and benefits of the citizens of Collier County. These
changes are budgeted in fY 07 starting on January 28.2007. The additional routes were anticipated and
identified in the contract.
PARTIES CONTACTED REGARDING THE CHANGE: Diane B. Flagg, Director of ATM Dept. & Liz Suchsland,
CAT General Manager.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Revised 10/5/05
PROJECT MANA
APPROVE BY:'
Di
REVIEWED BY-
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4
December 12, 2006 a
Page 40 of 48 \
PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 59005
BID/RFP #: 06-3908 MOD #:
1
PO#:_ 4500063449_ WORK ORDER #:
DEPARTMENT: Public Utilities Enaineerina
Original Contract Amount:
$ 2,091.222.00
(Starting Point)
Current BCC Approved Amount:
$ 2.091,222.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 2.091.222.00
(Including All Changes Prior To This Modification)
Change Amount:
$ - $ 80.541.47
Revised Contract/Work Order Amount:
$ 2~010.680.53
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract!Work Order: $ 0
Date of Last BCC Approval
4/11/06
Agenda Item #
Percentage of the change over/under current contract amount -3.85 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 12/17/06
CURRENT: 2/15/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1) Deduct Alternative #6 - Overlav
on Roadwav r-$110.0981. (2) Deduct Alternative #4 In2ress/E2ress Landscapin2 r-$21.4691 (3) Deduct Extra
conduit sleeves n.241.621 (4) Add Lightning Protection [$7.588.461 (5) Permit changes [$30.143.341 (6) Change
Soffit f$3.982.181 (7) Elevated Storage Tank [$3.2030471 (8) Landscaping Changes f$2.574.121 (9) Fire Alarm
Changes f$4,775.581
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Items added for thinas that were omitted from oriqinal desiqn, Safetv upqrades
PARTIES CONTACTED REGARDING THE CHANGE: Desiqn professional and Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been eonsulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Revised 4/25/2005
Agenda Item No. 16E4
December 12, 2006
Page 41 of 48
qo..
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: ~ Date: II/:J. "lIt) ~
I ,
projec
REVIEWED BY: Date: ( 1,1 ;) ;JjrJ6
Contr
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item.. No. 1 ~
December 12, 2006 .
.page 42 of 48
PROJECT NAME: Courthouse Parking Garaoe PROJECT #: 52010
BIO/RFP #: 04-3676 MOD #: 1L.POt#:4600025868 WORK ORDER #:
DEPARTMENT:Facilities ManagementCONTRACTORIFIRM NAME:Kraft Construction
Original Contract Amount:
$ 116,000.00
(Starting Point)
Current BCC Approved Amount:
$16,639,700.00
(Last Total Amount Approved by the BCC)
$10,046,506.29
(Including All Changes Prior To This Modification)
Cumtnt Contract Amount:
Change Amount:
$7,836.00
$10,054,342.29
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWortt Order: $(6,486,357.71)
Revised ContractJWork Order Amount:
Date of Last BeC Approval December 13,2005Agenda Item # 16E 3
Percentage of the change over/under current contract amount (39.21)%
Formula: (Revised Amount I Last BCe approved amount)-1
-- Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all wori( ortlers 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 wori( 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 specia6st. For more specific information regarding worK order thresholds,
please refer to the Procurement Administration Procedures, Section IV.S.d.
CURRENT COMPLETION DATE (S):ORIGINAL: UIKCURRENT:10f01/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add area drain. oil & water interceptor and
related piping to within 5' of building and tie water/oil separator into storm system,
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?The need for this
chanoe is due to a buildino code reauirement for D8rKinc decks that reauires buildinc run off to co throuch a oil water
seoarator.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Mike Mackenzie. Unda Jackson Best
IMPLEMENTATION STEPS (Verify each befo... proceeding with change using Y, N or NlA)
.p_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regaJding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
__ APPROVE BY:
P
REVIEWED B .
MENDA TION: This fonn is to be signed and dated.
Date: II /8/00
IlL
Date: / I I r (Jf..
,
.:Ji:~ "'};':';'~;?"~,_'~j-:,,'L"(;:*'li.L _ " ,lA~.~~~1"."
.,.':....-:
:....:.:'_,.;~~~~7ii.:..:.l..~-w:~. .~... .d.;'. ',r..::.Jo.:",~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4 ( (
December 12, 2006
Page 43 of 48
PROJECT NAME: Courthouse Parkina Garaae PROJECT #: 52010
BID/RFP #: 04-3576 MOD #: H-PO#:4500025868 WORK ORDER #:
DEPARTMENT:Facilities ManagementCONTRACTORIFIRM NAME:Kraft Construction
Original Contract Amount:
$ 115,000.00
(Starting Point)
$16,539,700.00
(Last Total Amount Approved by the BCC)
$10,054,342.~ 1- ~
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$23,017.20
'1-: '-~
Revised ContractJWork Order Amount:
$10,077,359.4e
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $(6,462,340.51)
Date of Last BCC Approval December 13,2005Agenda Item # 16E 3
Percentage of the change over/under current contract amount (39.07)%
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that
exceed $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.
CURRENT COMPLETION DATE (S):ORlGINAL: UIKCURRENT:10/01/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Shorten piles. change stair structure for fire
rating and change elevator door types to accommodate a stretcher.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?Due to an existina
condition of soils that would satisfy refusal the pile foundations were shortened to reduce cost to the proiect. Other revisions
to the contract we due to pennittina review chanaes that were reauired for a buildino permit to allow the county to construct
the parkino deck.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovel!. Mike Mackenzie. Linda Jackson Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented inij manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_~ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Pr .
REVIEWED BY:.
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date: ~k
(:,Date: II / r/oCo
I
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4
December 12, 2006
Page 44 of 48
ld-..
PROJECT NAME: Courthouse Parkina GaraQe PROJECT #: 52010
BID/RFP #: 04-3576 MOD #: ~PO#:4500025868 WORK ORDER #:
DEPARTMENT:Facilities Management CONTRACTOR/FIRM NAME: Kraft Construction
Original Contract Amount: $ 115,000.00
(Starting Point)
Current BCC Approved Amount: $16,539,700.00
(Last Total Amount Approved by the BCC)
Current Contract Amount: $10,077,359.4'Q'\
(Including All Changes Prior To This Modification)
Change Amount: $132,155.90
Revised ContractIWork Order Amount: $10,209,515.39
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $(6,330,184.61)
Date of Last BCC Approval December 13,2005
Agenda Item # 16E 3
,-
Percentage of the change over/under current contract amount (38.27)%
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or
less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $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.
CURRENT COMPLETION DATE (S):ORIGINAL: U/KCURRENT:10/01/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Burv FPL Overhead Lines. FPL Primary service Conduits. added conduit for fiber and
phones. additions of conduit and risers for 47 new cameras and add wire for 47 cameras for parking g:arage.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The chanqes to the contract
were requested from the county due to the need to have buried primary power to the county campus for improved appearance and reliability
from storm impacts to the county infrastructure. The addition of communications conduits were added for future expandability of the
information technoloqies department system. and facilities security for improved performance to the communications system as well as
added security to the parkinq deck.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Mike Mackenzie, Linda Jackson Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
-X_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
This form is to be signed :~dated.
Date: &/lEt{;
Date: / II~I rJ(,
Revised 10.24.2006
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E4t
December 12, 2006 "3
Page 45 of 48
PROJECT NAME: Courthouse ParkinQ GaraQe PROJECT #: 52010
BID/RFP #: 04-3576 MOD #: .12.PO#:4500025868 WORK ORDER #:
DEPARTMENT:Facilities Management
CONTRACTOR/FIRM NAME :Kraft Construction
Original Contract Amount:
$145,Oo&:ee I c., t. ~ 7 C-o
(Starting Point) {
$1-6,339,166.00 /(,., {,SY; 7c"O
(Last Total Amount Approved by the BCC)
$"8,289,313.39 /tJ/ :3;l'!r' 5/), 37'
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$591,6e4.44
$10,891,119.83 /0/ q /(PI /11,r3
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $(5,738,~)
S,CI'
Revised ContractIWork Order Amount:
Date of Last BCC Approval December 13,2005
Agenda Item # 16E 3
Percentage of the change over/under current contract amount (~% (3"-+. <.{.G:.) '10
Fonnula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or
less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $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 BCG 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
infonnation regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: U/KCURRENT:10/01/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Supply labor and material to add quantity( 2) area drains and related piping.
Additional painting .Revised drawings has added 12 doors. frames and hardware sets. 4x4 louver for FPL vault. Add a new complete Wet Sprinkler
~
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Due to pennittinq revisions
additional doors were added for life safetv requirements as well as a full fire sprinkler system to allow the county to receive a certificate of
occupancy. The addition of two drains were added to maximize water runoff and to eliminate the possibilitv of pondino.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Mike Mackenzie, Linda Jackson Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_X_ Proposed change is consistent with the scope of the eXisting agreement
Y_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
form is to be signed and dated.
Date Datel:;(;t:tJ6
Revised 10.24.2006
1
eONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No.. 16E'i'1..I
December 12, 2006 r
Page 46 of 48
PROJECT NAME: Vanderbilt Beach Road CR 862
PROJECT #: 63051
BIDIRFP #: 04-3675 MOD #:
13
PO#: 4500031427
WORK ORDER #:
DEPARTMENT:
T.E.C.M
. .
Original Contract Amount:
$ 37.604.910.53
(Slarting Point)
Current BeC Approved Amount:
$ 37.604.879.73
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 37.604.879,73
(Including All O1anges PriorTo This Modification)
Change Amount:
$ 351.940.65
$ 37.956.820.38
(Including This Change Order)
J
Revised ContractIWork Order Amount:
Cumulative DoDar Value of Changes to this ContractIWork Order: $ 351.909.85
Date of Last Bee Approval 7/27/04
Agenda Item # 10H
~ t'1~%~
-""" .
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last Bee approved amount)-1
~
Results and Actions: Contrac:ts: If the change exceeds 10% of the current Bce allU.lnt. then Bee approval Is required; equal to or less than 10% reported to Bee by the
purchasing department. CCNA Work Orders: For a1t.work orders that exceed $90,000 where the change does not exceed 10% or $10.000. these changes are repolted by
the Purchasing Department to the Bce admlnlstratiYety. Changers to these work orders that exceed those thresholds nsqulre prior BCC apPlO'l'al. NON-CCNA Work Orders:
If !he change exceeds 10% 01 the current BCC amount. then BCC epprovalls required. If In doubt, contact your cOntract speclallst. For more speclftc InformaUon regardIng
work order thresholds, please refer to the Procurement Admlnls1ration Procedures. Section N .3.<1.
CURRENT COMPLETION DATE (S): ORIGINAL: November 24.2001 CURRENT: March 6. 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1).
1. The Contract Special Provisions: Section 9 - Measurement and Payment; Subartide 9-2.1.1 states the following: Bllumlnous Material Prlqe Adjustment: A
primary cost factor of this bid Is based on the price of peboleum. Conditions in this market are highly unstable and beyond .the control of the bidder.
Therefore, the prices bid for asphalt may be adjusted each month based on the increase or decrease of liquid asphalt Any adjusbnent will be determined by
the Florida DOT Asphalt Price Index. For each $.01 In the index. the quoted price by a successful bidder may be adjusted $.01 per square yard or $.20 per
ton. The quantity Is based on the Asphal1 index at the time of bid which was 0.9298 and the average of 1.3013 for the_~L(?l.~~en months of this year for
an average of 0.3715 per gallon, multiplied by the contract asphalt quantities. The cost associated. for the adjustment Is ~~, .
. 2. The plans called for 34 ft. strain poies for the signalization at the Airport-Pulllng Intersection. The Electrical lines are overhead at the same location,
(" ex<;eedlng FPl's set back requirements for safety, resUlting In a redesign for Ma~~, ~ 9!gnals. Also. by Collier County Directive the signal at T1buron /
\ Naples Walk was deleted from the contract The cost associated for the change is $1)t.U~. B contract days are affected by this work..
, 3, At the intersection of Airport-Pulling and Livingston Road the plans Indicated conduit to be placed underground, This location will not have any new
construction and Yo1I1 r~ulre having Directional Bore conduit under the existing roadway. Q..contract days will be affected by this change. The cost associated
for this change is $;!i(~~J, '. "' .
4.A. Work Directive No. 25 was'issued to dip the new 20" RCW under an existing FPL line. The cost associated for this change is ~i m contract day
was affeded by this work. .
4.8. Work Directive No 29 was issued to temporary deflect the existing 4' FM from MIssion Hills over the new 20" RCW. The cost associated with this work is
lmo,m&. ~ contracl days was affected by this work. .
4.C, Work Directive No 44 was issued to remove an existing 1 S' RCP with confticted with the new 20" RCW line. This existing drainage pipe was removed
and new 18" HOPE ADS was Installed at t.h. e pr~e!!!:..!o. ca. . tion connecting to Ihe existing ditch bottom inlets. The cost associated with this 'Mlrk Is ~
and an increase.of 18" HDPE ADS pipe at ~~~ contraCt day was affected by this work. '
4.0. Work Directive No 45 was issued to dip the new 20" RCW under existing FPL lines. The cost associated with this work ~~um contract day was
affected by this work.
5. Work Directive No 54 was issued to remove an existing 6' FM Check Valve from within the alignment of the new roadway, the line services T1buron. The
cost associated with this work Is $$'i'b'~~~. rt contract day was affected by this work. .
6, Change Order No 12 did not have the correct 'revised completion date. With November 24, 2007 as the original completion date and the contract adjusted
number of 89 calendar days due to change orders the correct 'Revised Completion date is February 21.2008. .
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
1. Bituminous Adjustments are allowable by contract documents; the following will provide allocated monies for payment.
... 2. Mast Arms for the Airport-Pulling intersection will meet safety standards for overhead power lines. The deletion of the signal
at Tiburon / Naples Walk is per Collier County directive.
Revised 3/29/06
Agenda Item No. 16E4/Lf C\
December 12, 2006 I
3. Directional Bore conduit for the Airport-Pulling and Livingston intersections will allow conduit across eXistiri9cr8adWa~ Mth ..
out opening the payment. .
4.A - D The fonowing Work Directive adjustments are to facilitate the placement of the new 20" RCW.
5. The removal of the existing 6" FM Check Valve will facilitate the placement of the new roadway.
6. Correction to CO 12 'revised Completion date'.
PARTIES CONTACTED REGARDING THE CHANGE: Steve Ritter. Intrim Princioal Proiect Manaaer. Collier County Transoortation
Enaineerina & Construction Manaaemenl Deoartment.: Eddie Martin, Proiect Manaer. eollier eounty Transportation Enaineerino &
Construction Manaoement Deoartment: Ron Dillard. P.E. eollier County Utilities Deoartment
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regardiQg the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: &~"'7!1.~ Date: /]f.} -;) 1- d,k
p, .
REVIEWED BY: '. ~.b
Con
Revised 3/29/06
I
_:
CONTRACTJWORK ORDER MODIFICAnON
CHECKLIST FORM
Agenda Item No. 16E4 / 5"
.... .DeceffigeF-12;2.Q06-......_...,
Page 48 of 48
PROJECT NAME: Pelican BaY 8treetscape l.,-taationSvstem Phase V PROJECT #: ~
BIDIRFP #: 06-4011 MOD it:. 1
DEPARTMENT: Pelican BaY Services
pO#: 4500066560 WORK ORDER #:
OrigioaJ Contract Amount:
$ 200.000.00
(Starling Point)
CmTentBCC Approved Amount:
SZOOMQ.OO
(LastTo11l Amount Approved by tM Bee)
Current Contract Amount:
$ 200.000.00
(Including All Changes Prior To This Modification)
Revised ContractlWork Order Amount:
S 16.200.00
$ 216.200.00
(Including This Cbange Ordc:r)
Cumulative DoBar Vldue ofChaqesto this Coli~ork Order: $ 16.Z00.00
Change Amouut:
Date of Last Bec Approval 7/2512006
Agenda Item # 16.F.6
/"
/
Percentage of the change over/under current contract amount
Formula: (Revised Amount J Last BCC approved amount}-1
Results and Actions: Contracta: If the change en:eed&10% of the current ace amount, then ace approvlills required; equal to or'- than 10%
reported to ace by the pun::tiaslng department. CCNA Work 0rdenJ: For all ~ otdel$ that exceed $90,000 wtterethe change does not ~ 10%
. or $10.000, these changes are repol1l9cl by the PuR:hasingDepartment to the ace admflllstletlvely. Changers totnese~.ordet$that exceed those
thresholds requlr$ prior BCC appn:Mil NOff.;CCNA Wonc Orders: If the cnange exceeds 10% of the oummt see amount, then Bcc8ppmval i$
required, If in doubt. <>>ntaCt your contract specialist. For more speelfic Infof'l'Mllon regattling wol1t order thresholds, please nsfer to the Procurement
AdminisUatlon Prooedures, SedIon.IV.3.d.
~ I ..11%
CURRENT COMPLETION DATE (S):ORlGINAl: 121212006
CURRENT: 12/2812006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition of 456' of 6" and 456~ of 2"
directional bore sleeving. .
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
Construction plans indicated that their were existina sleev~ in olace at several locations that were not in place.
Thei'efore directional. bores are necessarv to. install these sleeves.
PARnES CONTACTED REGARDING THE CHANGE: Lvn Wood. Purchasioo,. James Abnev, Design
Professional.
IMPLEMENTATION STEPS (V,rifyeach before proceeding with change using Y, N or NlA)
Y Proposed change is consistent with the scope of the existing agreement
y.. proposed change is in .fact ana.ddition 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 setforth in the change are reasonable
,....-..-:
ATION: This fonn is to be signed and dated.
Date: //~4/
Date: / /11/ O~
Agenda Item No. 16E5
December 12, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award Bid # 07-4078 "On-Call Mechanical Contractor
Services" to United Mechanical, Inc. as primary, Cortez Commercial
Systems as secondary and CNS Industries as the third option for
Mechanical Engineering and Contractor Services.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award
Bid # 07-4078 "On-Call Mechanieal Contraetor Serviees" to United Mechanical Inc. as
primary, Cortez Commercial Systems as secondary and CNS Industries as the third
option for Mechanieal Engineering and Contraetor Services.
CONSIDERATION: The Department of Facilities Management is responsible for the
maintenanee, repair, and replacement of all County owned air-eonditioning equipment
which is used throughout the County in various County Faeilities. The Department out-
sources major mechanical air-eonditioning equipment repairs and plumbing
improvements.
-
On Oetober 13, 2006, the Purehasing Department solicited bids to contract for the
purchase, repair, maintenance, engineering and installation of mechanieal equipment.
The selection of vendors was based on a pricing formula, taking into account cost of
installation labor hours for specific eategories. Those eategories included: cost per hour
for Foreman, Journeyman, Helper/Apprentiee and General Laborer. In addition,
consideration was given for emergency response time, on-eall non-emergency response
time and markup over actual eost for materials, A total of three (3) qualified bidders
responded. By awarding to multiple vendors, the County may use anyone of the three
vendors that provide the best prieing and response time, improving our level of serviee to
our customers, A bid tabulation sheet is attaehed for review,
Staff recommends multiple awards to United Meehanieal, Ine. as the primary, Cortez
Commercial Systems as the secondary and CNS Industries as the third option for "On-
Call Meehanieal Contractor Serviees."
FISCAL IMPACT: Mechanieal serviees average $200,000 annually, based on approved
building maintenanee and capital budgets, Funds are budgeted in FY 2006-07
department eost eenters,
GROWTH MANAGEMENT IMPACT: There is no impaet on the Collier County Growth
, Management Plan.
RECOMMENDATION: That the Board of Collier County Commissioners approves the
award of Bid # 07-4078 "On-Call Mechanieal Contraetor Serviees" to United Mechanical
Inc. as the primary, Cortez Commercial Systems as the seeondary, and CNS Industries
as the third option for Meehanical Engineering and Contraetor Services.
-
PREPARED BY: Damon Gonzales, Faeilities Manager, Department of Facilities
Management
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Item Number:
Item Summary:
Meeting Oate:
Agenda Item No. 16E5
December 12, 2006
Page 3 at 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E5
Recommendation to award Bid 07.4078 "On Call Mechanical Contractor Services" to United
Mechanica:, Inc as primary, Cortez Commercial Systems as secondary and eNS Industries
as the third option for Mechanical Englneenng and Contractor Services
121121200690000 AM
Date
Prepared By
Damon Gonzales
Administrative Services
Interim Facilities Manager
Facilities Management
11/291200612:06:21 PM
Date
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Purchasing
11129120063:26 PM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
11129120063:28 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
11129/2006 3:44 PM
Date
Approved By
Skip Camp, C,F,M,
Administrative Services
Facilities Management Director
Facilities Management
11/29/20065:16 PM
Date
Approved By
Damon Gonzales
Administrative Services
Interim Facilities Manager
Facilities Management
11130120068:19 AM
Date
Approved By
Len Goldan Price
Administrative Services
Administrative Services Administrator
Administrative Services Admin.
11/30/20065:00 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
12/11200612:53 PM
Date
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
1211/20061:26 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
OFfice of Management & Budget
1211/2006 2:16 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1214/2006 8:20 PM
Agenda Item No. 16E6
December 12, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to award Work Order No. PBS-FT -3971-07 -02 under Contract
No. 06-3971, "Annual Contract for General Contractors Services", to Wall
Systems, Inc. of Southwest Florida, d/b/a/Professional Building Systems (PBS)
for renovations to the third floor of Building H for the Collier County Health
Department, in the amount of $189,900.00.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work
Order PBS-FT-3971-07-02 to PBS for the renovations to the third floor of Building H for the
Collier County Health Department in the amount of $189,900.00,
CONSIDERATIONS: On June 5, 2006 a meeting was held between with the Health
Department and Faeilities Management to discuss if the offiee spaee on the third floor of
Building H, vacated by Collier County EMS, was appropriate to accommodate two departments
of the Collier County Health Department. It was determined that the approximate 2416 square
feet would accommodate both the Vital Statisties and Epidemiology Departments.
,,-
On October 4, 2006, formal notices were distributed to the four (4) General Contractors on the
"Annual County Contract for General Contraetors Services" (No. 06-3971). On October 10,
2006 a pre-quote meeting was held in the Purchasing Department. Three (3) of the four (4)
firms were represented. On October 31, 2006, two (2) quotes and one (1) no-bid were received
and opened in response to the request for renovations to the third (3rd) floor of Building H. The
responses were as follows:
PBS
Wm. J. Varian
The Chris Tel Company
$189,900.00
$199,650.00
No quote
PBS is the lowest bidder and staff recommends award of work order PBS-FT-3971-07-02 to that
firm.
FISCAL IMPACT: A budget amendment is needed to inerease revenues and expenditures by
$189,900 in the General Building Renovations (project No. 52525). The State of Florida will
reimburse us up to the $189!900 for the third (3rd) floor renovations for the Health Department.
GROWTH MANAGEMENT IMPACT: There is no impaet on the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the Work Order #
PBS-FT -3971-07 -02 to PBS for the renovations to the third floor of Building H for the Collier
County Health Department and authorizes the Faeilities Management Director to sign the Work
Order after review and approval by the County Attorney's Office and approve the necessary
budget amendment.
i"~
PREPARED BY: Robert Fuentes, Project Manager, Department of Facilities Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E6
December 12, 2006
Page 2 of 7
COLLIER COUNTY
eOARO OF COUNTY COMMISSIONERS
16E6
Recommendation to award Work Order No. PBS-FT -3971,07 -02 under Contract No. 06,
3971, Annual Contract for General Contrectors Services, to Wall Systems. Inc. of Southwest
Florida, dlblalProfesslonal Building Systems (PBS) for renovations to the third floor of
Building H for the Collier County Health Department. in the amount of One hundred eighty
nine thousand. mne hundred ($189.900.00) dollars
12/12/20069:00:00 AM
Project Manager
Date
Prepared By
Robert Fuentes
Administrative Services
Facilities Management
11/22/20068:51:11 AM
Contracts Agent
Date
Approved By
Linda Best
Administrative Services
Purchasing
11/28/200611:51 AM
Approved By
Purchasing/General Svcs Director
Date
Steve Carnell
Administrative Services
Purchasing
11/29/20064:56 PM
Approved By
Skip Camp, C,F. M.
Facilities Management Director
Date
Administrative Senrices
Facilities Management
11/29120065:20 PM
Approved By
Interim Facilities Manager
Date
Damon Gonzales
Administrative Services
facilities Management
11/30/20068:18 AM
Approved By
Administrative Services Administrator
Date
Len Golden Price
Administrative Services
Administrative Services Admin.
11130/20064:55 PM
Approved By
Administrative Assistant
Oate
OM B Coordinator
County Manager's Office
Office of Management & Budget
12/1/2006 12:47 PM
Senior Management/Budget Analyst
Date
Approved By
Susan Usher
Counly Manager's Office
Office of Management & Budget
1211120064:55 PM
Management & Budget Director
Date
Approved By
Michael Smykowski
County M anag:er"s Office
Office of Management & Budget
121412006 4:24 PM
County Manager
Date
Approved By
James. V. Mudd
Board of County
Commissioners
County Manager''S Office
1214/20068:10 PM
WORK ORDER i PBS-FT.3971-07-02
Agenda Item No. 16E6
December 12, 2006
Page 3 of 7
"General Contractor's Services"
Contract rlf:05-3.971 , dated September 12, 2006
Th~s Work Order is for general co~~racti~g s~v:ces, subjsct =D =hg
ter:nsand condi--;:ions oft;:re Contract re=ere:::.c~d above, re'If" 'L',id=k
k110wn as: Renovations to the J"j Flob~, 3uilding "F!" :for ::he Co:'lier
Ce,Ul'"l:cy :Health Depar:::11ent.
PRO...TEC'T:
The T.\Tork is spe::::ifi,ad. :.r: thepro;Josal da<:ed October 31 J 2C 06 r from
Wall Systems, Inc. of So~t~we5t Florida, d/b/a Professional Building
Sys'Cerr;s wr~icb is attached ::ereto and J':lad(~ a part of th::.s Work Order.
In accordance ~/"i th Te:ons and COIl6.i t10::5 c f t.r:e j'.I.g~eeme;;1-;: referenced
above, Work 8-rder :!j:P3S-FT-3971-~7-02 is assigned to .?ro::essional
Building Systems.
Scone:
Cor..tractoi- -"::0 prmilae le.bcr o.r~d rr.ate:cials :::or the renovat :.ons
0:: the: 3'f, F=-DO~ 2e:;:1.1 t:~ Bui:'dir:.g r.3LDG. Hi c..S pe.r Arc:::.i tecturaJ.
dra......:..r:.gs fre,:n 'lictc.y '::"a~a"',lisl1 A:J:1 dated SE:!;::'tl~m,=r 22 I 20:)6.
Sc]].gduIe of Work: C(:JlTlpl.:=te TNi thin 12G' d.ays :;:1.::.ter Xo:..:ice :'0 Proce'2d.
LiQl,licla._ed Da.me-eres: Nir:e :-.ur.dred zi xt::{ seven dol:'ars C1.:::"1d f.:::n-ty sevel1
'::elltS (S 967.47} fc.;: eac,h cale:cldar day t.r:erei:if::er 1.:r.:ti 1 Substantial
COE"lp1etion is a,::h.::..eved.
COn'loensa tio~J.: In accon3.,~r..ce \Ni th I-::em 2. 0:: the Agreerr.€::1 t I ::r..e
Count.y '.viII comper-sate ~b.e Finn i:-_ accord.ance wi::h the negot:.a-.:ed
:'urr,p sun: B.noun:: r;ro"lTideci in the schedule be.lo'w'.
TO'I'AL ?' EE
$ 189,900.00
Any change I~\etde ,:,.-...:bsequent to fi::::a.l departrr;e::-~-::: apprcval T..,il1
cons ide~-ed an a.ddi tiona: s6.t"vi ce aDdc.:lc:~ged accDrding to
execu<:ed Chan;Jt:! Order as.e:JLL'Ue.!-ar:ed in Ex.hin:.. t iJ of theJ.-_gr-eement.
be
A.-,
~~.
?reparec. By:
Ro:oe~-;: Fuentes I Pro~ ec~ Hal:.age>-,X
Faci1i ties Manar;rement DE.1r:;.~a~~:llent
Date
Agenda Item No. 16E6
December 12, 2006
Page 4 of 7
1'-iork C:;.qier #?:P..S-?II'-3971-Q1-02'
?age 2
Approved By;
Ski-p Camp CFM,Di'rect.pr
?aciliti!!ls ~finagenlen.t De:r:iattrr,a"'r'i:
,- ,...... ' ',",' '..
Date
Date
wall systems Inc. of Southwest Florida
d/b/a professional Building Systems
ATTEST:
(Corporate Secretary)
By:
Signature
By:
,ryped ~ame and Title
(or) witnesses (2)
(l)
(2; )
Signature
Signature
(prir.t Name}
(print' Narne)
APproved as ~b Fo~ and
::"egal S~~fficiency:
Tom Palmer
Assista~~ county Atto~ney
Order DOJ6S4J9
.#7".4~
(~~/
Order No. 00365439
Issued on Mon, 20 Nov, 2006
Created on Mon.20 Nov, 2006 by Ariba System
Supplier:
Board of County Commissioners
3301 Tamiami.Trail EastlPurchasingBldg
Naples. FL34112
Phone: 239-774-8975
Fax: 239-732-0844
Contact: Gv.'en Butler
Ship To:
Collier CountyHealtb Dept
Government Cenrer Bldg H
3301 E Tamiami If
Naples, FL ~4J.12
United St."l.tes
Deliv~.r To:
Kathleen Puc.hhas
Split Perce.ntage: 40
Enlity Description: Department: of Health
Organization Code: 64361198529
Objet:l Code: 600000-131340
Expansion OptiDn: OK
Exemption Status.: Exempt
Exemption Reason?: TRANSACTION \V1TH ANOTHER
GOVElli'Tt\.'1ENT AL AGEXCY
hll[l~:/lrnynorid;tlmLrkctp]a~e.com:9140lrelldN/]5G7Ef7Dnvyt~c (11)f 3}11120l2(XXi. 4; 14:251,;.,t
Agenda Item No. 16E6
December 12, 2006
Page 5 of 7
Bill To:
CoWer County Health
Dept
PO box 429
~ apIes. FL 34106
Unite.d States
Order DWti5439'
SIllit Percentage: 60
ity Description: Depm1ment of Health
Onmnizatioll Code: 64361199529
Ol~ed Ooele: 600000-131340 .
Expansion Option: DK
Exemptidn Slal11s.: Not Exempt
Exemption Reason:: TRANSACTION WITH ANOTHER
GO\lERNMENT.i\L AGENCY
1
Recycled Content?: N
DislrihLllors?: N
Contract ill:
SbipTo Code: U26411-S-1
Requester Phone.: 239-530-5322
Ma!;tcr Agreement:
BuyerCode:
Agenda Item No. 16E6
December 12, 2006
Page 6 of 7
IN, eed . Unit Price ]Extended Amount
" B}'
U()l1C $I.OOOOODSD $189,900J)OOOOUSD
rem Part fnit~IDescriPti""
. Number ' I '
Each 189,900 Boaro of Collier C(jun~y
Commissione.rs \\till actas
the cons ultaritfor H~a.lth
Department 3rd. Floor
Renovation for
EpidelIliologyand Vital
Statistics. Rober!. Fuentes
will be the projeCt manager
for BCe.Payment will be
made as services are d6oe.
The Health Deparmcnt is
located in the CoUnty
Building! therefore the
Count.y is overseeing dlis
project.
I rJull
.ISlanket Purchase Order
.jTransaction Fee Exemption
IAppropriate Insurance Coverages
ITo Be Payed Monthly in Arrears upon Receipt of Itemized Invoice
\l{eqUester: Kathleen Pucl1ba~
PR No.: PR 1089993
hllps;llmyDodd\1m(\<rkdphlcc,r,(\m:9J4(l!TL'l1.;Jcrl I5G7H7DJ\VYLC (2 of 3) I J t2QI1.D06 4: 14 ;25 PM
Order D03654J9 Agenda Item No. 16E6
December 12, 2006
J\'lethod of Procurement:: L - governmental agency per 287.057(5)(f)13, defined in 163.3164(10). Page 7 of
Shipping Method: Best Vvay
FOB Code: Destination frcightpaid by vendor and included ill price_ Tide passes upon receipt Vendor
files any claims,
Fiscal Year Indicator: 2007
'PO Stal1Date: Mbn, 13 Nov, 2006
PO End Date: Thu, 31 May, 2007
. PUI#: 6411
'. SileCode: 640000-11
Encumber Funds: Yes
. Version: J
P Card Order: No
Tennsand Condi lions: htlp;//rnarke tpl ace .myflorida. corn/vendor/po _tau. pelf
Additionalltcm Info:
P Card Order?: Ko
[Total
r$189,900.00000USD
Comments
o SUBMIITED by Kathleen Puchhas on fvIonday, November 13,2006 at 4:18 PM with comment (5 documents
attached)
See attached documents, for Bee Contract and 2 bids needed. (Kathleen Puchhas, Mon, 13 Nov, 2006)
It[tp:>:l!m}'fI(lfid~mllrkctpbKc.C()m: 914 (.1'K'Jldcr/ 15G 7 H7DJWYi.c (3 ,11' 3) ll!20,t2006 4: l4:25PM
Agenda Item No. 16F1
December 12, 2006
Page 1 of 4
.--
EXECUTIVE SUMMARY
Recommend Approval of Bid #06-4003R Artificial Reef Mitigation Project to
Center Contracting Corporation for total base bid amount of $998,898.00
(Project No. 905271).
OBJECTIVE: To award a contract to Center Contracting Corporation for Artificial Reef
Mitigation Project for a total base bid amount of $998,898.00,
CONSIDERATIONS:
Bid #06-4003R was advertised on September 15, 2006. Forty-seven notices were mailed to
potential bidders, and 11 packages were requested and at the bid opening on October 20, 2006
three bidders responded. Two of the bids were non-responsive, Kelly Brothers, Inc. and
Argonaut Marine, Inc. Center Contracting Corporation was awarded bid.
.--
The Artificial Reef is required by FDEP and is a condition of permit to mitigate the possibility
that recently placed beach fill has covered the near shore hard bottom (coral) community.
Recent physical monitoring confirmed that no hard bottom sand covering has occurred; however,
the artificial reef is still required.
This reef consists of approximately 5,500 tons of limestone boulders, three foot in diameter,
hand placed with approximately one foot separation between the boulders. The reef will be
located in water 12 to 16 foot deep approximately one-half mile off Naples Beach opposite 3rd
Avenue North. The reef area will cover approximately 1 acre. This reef is designed to mimic as
closely a possible the near shore coral hard bottom.
Staff and Coastal Planning & Engineers have reviewed Center Contracting Corporation's
qualifications and background and have approved them for this project. The CUlTent bid tab is as
follows:
Item
No. of Units
Units
Unit Plice
Subtotal
MobilizationlDemo bilization 1 L.S. $300,398 $300,398
Provide & Place Boulders 5,500 Ton 103 566,500
Surveys 1 L.S. 67,000 67,000
Turbidity Monitoring/Environmental 1 L.S. 22,000 22,000
Protection
Install Eye-Pin Anchor Points 3 Each 7,333 22,000
Bonds 1 L.S. 21,000 21,000
TOTAL BASE BID $998,898.00
FISCAL IMPACT: Sufficient FY 07 budget exists in Fund (195), project (905271) to award
- this contract.
Agenda Item No. 16F1
December 12, 2006
Page 2 of 4
ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved at the
November 9, 2006 CAC Board Meeting 8-0. The TDC approved this item on November 27,
2006.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Approval of Bid #06-4003R Artificial Reef Mitigation Project to
Center Contracting Corporation for total base bid amount of $998,898,00 and authorize approval
of standard contract after approval by County Attorney.
PREPARED BY: Gail Hambright, Tourist Tax Coordinator
-
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
December 12, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1
Recommend Approval of Bid #06,4003R Artificial Reef Mitigation Project to Center
Contracting Corporation for totai base bid amount of 5998.89800 (Projecf No 905271)
12/12/2005 9:0000 AM
Date
Approved By
Jack Wert
County Manager's Office
Tourism Director
Tourism
11/27/20062:29 PM
Date
Approved By
Gary McAlpin
County Manager's Office
Costa! Project Manager
Tourism
11/27/20063:07 PM
Date
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Purchasing
11/28120068:43 AM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
11/28/20064:32 PM
Date
Approved By
Steve Carnell
Administrative Services
PurchasingJGeneral Svcs Director
Purchasing
11130/200611:01 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management 8. Budget
12/112006 1: 20 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
OffIce of Management & Budget
12/4/2006 10:54 AM
Date
Approved By
Michael Smykowski
County M imager's Office
Management & Budget Director
Office of Management & Budget
12/512006 9: 13 AM
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Managor's Office
1215/200612:19 PM
Agenda Item No. 16F2
December 12, 2006
Page 1 of 16
~~
EXECUTIVE SUMMARY
Recommendation to approve a Certificate of Public Convenience and Necessity for the
Collier County Emergency Medical Services Department at a renewal rate for FY 07 of
$250.00.
OBJECTIVE: That the Board of County Commissioners approve the Certificate of Public
Convenience and Necessity for the Collier County Emergency Medical Services Department and
authorize the Chairman to execute the certificate.
CONSIDERA TIONS: Collier County Emergency Medical Services is currently operating
under a Certificate of Public Convenience and Necessity. Collier County Ordinance 81-75
requires that Collier County Emergency Medical Services renew its original Certificate of Public
Convenience and Necessity each year.
In addition, renewals are based on the same standards as the granting of the original certificate.
Therefore, the requirements for Board of County Commissioners approval in granting
certificates, as set forth in the Collier County Code of Laws and Ordinances 50-80, are provided
and are specifically addressed in the attached memorandum.
~
Furthermore, the renewal certificate may be approved routinely by the Board of County
Commissioners upon advise of the Administrators.
FISCAL IMPACT: Pursuant to Collier County Code of Laws and Ordinances Section 50 - 83
(b), an annual renewal fee of $250 is to be paid. Funds are available in Fund 490 for FY 07.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Certificate of Public Convenience and Necessity for the Collier County
Emergency Medical Services Department; and,
2. Authorize the Chairman to execute said certificate.
Prepared by: Jeff Page, Chief, Emergency Medical Services
~
Agenda Item No. 16F2
December 12, 2006
Page 2 of 16
Memorandum
To:
James V. Mudd County Manager
From:
Jeff Page, Chief
Emergency Medical Services Department
Date:
November 15, 2006
Subject:
Certificate of Convenience and Necessity for Collier County
Emergency Medical Services Department
Per Collier County Ordinance Number 81-75, please accept the following infonnation for
renewal of this required certificate:
1. Collier County Emergency Medical Services Department is operated by the County's
Board of County Commissioners located at:
3301 East Tamiami Trail, Building F
Naples, Florida, 34112
2. Collier County Emergency Medical Services Department provides service to the 2,032
square miles encompassing Collier County.
3. Collier County Emergency Medical Services Department has a total of fifty-two (52)
State licensed vehicles. Thirty (30) of these are licensed ground transport vehicles and
one (1) medivac helicopter. There are also twenty-one (21) licensed ALS Engines (non-
transport). Of the above, Twenty-three (23) licensed ground transports, eighteen (18)
licensed ALS Engines and the medivac helicopter operate 24 hours and day, seven days a
week. One (1) additional ground transport licensed vehicle operates 12 hours a day, seven
days a week (as needed) during the seasonal months and is taken out of the reserve units.
The remaining, seven (7) licensed ALS ground transport vehicles are held in reserve,
while the three (3) licensed ALS Engines are placed in service as staffing allows.
(Attachment A) There will be four (4) new units added in 2007.
Emergency Se/Vices Division
Agenda Item No. 16F2
December 12, 2006
4. Collier County Emergency Medical Services Department has one main offi~ge 5n~ 16
eighteen (18) substations located throughout Collier County at the following locations:
Headquarters
Medic 1
Medic 2/ALS E-2
Medic 3
Medic 10
Medic 21
Medic 22
Medic 23
Medic 24
Medic 30
Medic 31
Medic 40
Medic 42
Medic 43
Medic 44
Medic 46
Medic Res 50
ALS Engine 50
Medic 61
Medic 70
Medic 71
Medic Rescue 90
ALS ENG 90
Medic 800
Medic 80
Medic 81
Medic 82
ALS ENG 20
ALS ENG 44
Med-Flightl
2705 S, Horseshoe Dri ve
835 8th Avenue South
977 26th A venue
2375 Tower Drive
14756 lmmokalee Road
11121 E. Tamiami Trail
4375 Bayshore Drive
7227 Isle of Capri Road
2795 Airport Road North
112 South 15t
112 South 1st
1411 Pine Ridge Rd.
7010 Immokalee Road
16325 Vanderbilt Drive
766 Vanderbilt Beach Road
3010 Pine Ridge Road
1280 San Marco Road.
1280 San Marco Road
201 Buckner Avenue
4741 Golden Gate Parkway
95 13th Street SW
175 Isle of Capri Road
175 Isle of Capri Road
*** Extra unit! HOC
*** Extra unit***
*** Extra unit***
*** Extra unit***
4798 Davis Boulevard
8970 Hammock Oak Drive
2375 Tower Drive
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Immokalee, Florida
Immokalee, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Everglades, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
Naples, Florida
5. Collier County Emergency Medical Services Department has been licensed and certified
to provide Advanced Life Support ambulance service in Collier County since April 6,
1981.
6.
Three (3) Collier County residents to act as references:
Dr. Jeffrey Albritten 1945 Empress Ct.
Nancy Laschied 4500 Gulfshore Blvd. N. - #903
John Cassia 1529 Buccaneer Court
Naples, Florida 34110
Naples, Florida 34103
Marco Island, Florida 34145
7. Collier County Emergency Medical Services Department schedules of service fees
(Attachment B).
Emergency SeNices Division
Agenda Item No. 16F2
8. November 15,2006 Memorandum from Dan Summers, Director of BureaulM<E~e~06
Services to County Manager Mudd stating no further information required.-Pa!1e 4 f 16
9. Renewal fee of $250.00 by journal entry of an interfund transfer from Fund 490-144610-
649010 to Fund 490-144610-366900.
10. Collier County Emergency Medical Services Department financial statement is
available in Collier County's Finance Department
JPPlbb
Attachments
0_
Emergency Services Division
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RESOLUTION NO. 2006. 222
Agenda Item No. 16F2
December 12, 2006
Page 7 of 16
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
APPROVE UP-DATED USER FEES FOR COLUER
COUNTY AMBULANCE SERVICES PURSUANT TO
COLLIER COUN1Y ORDINANCE NO. 96-36; ADOPTING
BILLING AND COLLECTION PROCEDURE; PROVIDING
CLARIFICATION ON ADJUSTMENTS AND WAIVERS;
PROVIDING CLARIFICATION ON WAIVER OF SPECIAL
EVENTS; AND PROVIDING A PROCEDURE FOR
APPROVING HARDSHIP CASES AND PAYMENT PLANS;
SUPERSEDING RESOLUTION NO. 05-224; AND
PROVIDING FOR AND EFFECTIVE DATE.
WHEREAS, Collier County Emergency Medical Services (hereinafter
sometimes referred to as "EMS") provides ambulance services to the residents
and visitors of Collier County; and
WHEREAS, the Collier County EMS operating budget is funded exclusively
through ad valorem taxes and user fees; and
WHEREAS. Collier County staff analysis of the cost for ambulance services
requires an adjustment to the user fees to properly identify ~urrent costs of
servIces to the residents and visitors of Cotlier County; and
WHEREAS, Collier County Ordinance No. 96-36 provides that the user fees
for ambulance services may be established by Resolution of the Board of County
Commissioners (hereinafter sometimes referred to as "the Board").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: EMS USER FEES
BASE RATES:
SERVICE LEVELS
CODES
BASE CHARGE
A. EMS - BLS NON-EMERGENCY A0428 $675.00
8. EMS - BLS EMERGENCY A0429 $675.00
c. EMS - ALS 1 NON-EMERGENCY A0426 $675.00
D. EMS - ALS 1 EMERGENCY A0427 $675.00
E. EMS - ALS 2 EMERGENCY A0433 $675.00
F. EMS - SPEClAL TY CARE A0434 $675.00
A0431 $5,900.00 Agenda Item No. 16F2
G. EMS - HELICOPTER December 12, 2006
Page 8 of 16
,-
MILEAGE RATES:
SERVICE LEVELS COD~ MILEAGE CHARGE
A. EMS - GROUND UNIT A0425 $12.00
(Minimum charge of 1 mile and no cap)
B. EMS -AIR UNIT A0436 $100.00
(Minimum charge of 1 mile and no cap)
SPECIAL EVENTS AND MISCELANEOUS RATES:
SERVICE LEVELS
RATES
A. mo (2) MEDICS/ONE ALS VEHICLE (PER HOUR)
B. ONE (1) MEDIC/NO VEHICLE (PER HOUR)
COPIES:
COPIES OF DOCUMENTS/PER PAGE
(Excluding Governmental Agencies)
$150.00
$50.00
$1.00
PAST DUE ACCOUNTS:
INTEREST ON PAST DUE ACCOUNTS:
1 % monthly
SECTION TWO: BILLING AND COLLECTION PROCEDURE
The following shall be the minimum guidelines for billing and collection
procedures for ambulance service fees and charges:
A. Initial fees and charges for ambulance service(s) shall be assessed
either prior to or following the provision of service, as service dynamics
reasonably permit. Unpaid fees and charges. subsequent to time of service,
shall be reflected in an accounts receivable subsidiary ledger system to be
maintained by the EMS Department.
B. An initial bill for ambulance services shall be processed in the following
manner within thirty (30) days after service is provided.
1. The County wlll send an initial bill to the service recipient's or
responsible party's insurance carrier provided that appropriate insurance
information is made available to the EMS Billing Section. The EMS
Billing Section will accept Medicare assignment, as a participating
2
provider, and will wait no less than 45 days for payment if Medicare or
Agenda Item No. 16F2
December 12, 2006
Page 9 of 16
other insurance carrier's are billed. If the craim is denied, a bill will be
sent to the service recipient or responsible party.
2. The County will also send a bill to Medicaid and accept assignment if
appropriate insurance information is made available to the EMS Billing
Section by the service recipient or responsible party. The EMS Billing
Section will wait no less than 60 days for payment if Medicaid is billed. If
the claim is denied because of no coverage at time of service. a bill will
be sent to the service recipient or responsible party. If Medicaid denies
because they felt it was not medically necessary to be transported by
ambulance, then the account will be adjusted per the rules and
regufations of Medicaid.
3, In the event the service recipient or responsible party does not have or
does not provide proof of insurance coverage, the bfll for ambulance
service(s) shall be sent directly to the service recipient or responsible
party for payment. The EMS Billing Section will wait no less than 30 days
for payment.
C. The following will occur if payment has not been received within above
set guidelines:
1. A past due notice will be sent in accordance with the above provisions,
(45 days after billing third party or Medicare, 60 days after bHling
Medicaid and 30 days after billing responsible party or service recipient).
2, Thirty (30) days after the fIrst past due notice is sent, a second past due
notice wiU be sent.
3, After a ten (10) day grace period following the second past due notfce,
the account will be sent to the County's contracted co][ection agency.
D. Interest will be assessed at 1 % per month, on all accounts that are sent
to the County's contracted collection agency, (excluding hardShips as defined by
County poHcy).
E. A reasonable and customary payment plan will be made available for ai!
service recipients or responsible parties. Should the service recipient or
responsible party at any time fail to meet the terms and conditions of the
3
payment plan, the unpaid balance shall be administered In accordance with
Section C.3 above.
F. When ambulance service bill(s), at any stage in this billing and collection
procedure, are retumed because the Postal Service cannot effectuate delivery,
the EMS Billing Section shall make a reasonable effort to ascertain the correct
mailing address. If reasonable efforts to ascertaIn a correct address fail, the
account(s) may be considered for other collection alternatives.
G. Nothing contained in this section shall preclude reasonable telephone or
other appropriate contact for billing and collection purposes, in accordance with
aU applicable laws.
H, Throughout the fiscal year, the EMS Bilrtng Section shall review all past
due accounts and report to the Board of County Commissioners on an annual
basis, of all past due accounts which are believed to be uncollectible.
I. The Board may, after reviewing these past due accounts and after finding
that diligent efforts at collection have proven unsuccessful, remove these past
due accounts from active accounts receivable in accordance with generally
accepted accounting procedures and pursuant to law by Resolution.
SECTION THREE: HOSPITAL OUT OF COUNTY TRANSPORTS
Should a local hospital have a need for a patient to be transported to an out
of County facility, the County shaH, subject to equipment. manpower, availability
and its sole discretion, utilize its resources to provide patient transport. The
County shall invoice the hospttal for all out of County transports that remain
uncompensated after a period of ninety (90) days.
SECTION FOUR: ADJUSTMENT OF EMS USER FEES
The following shall be minimum guidelines for adjustments to ambulance
service fees. The Board of County Commissioners, in accordance with criteria
established by the enabling Ordinance, may authorize other adjustments.
4
Agenda Item No. 16F2
December 12, 2006
Page 10 of 16
Medicare and/or Medicaid assfgnment will be made in accordance with
Agenda Item No. 16F2
December 12, 2006
Page 11 of 16
A. Medicare and Medicaid Adiustments. Contractual adjustments under
applicable Medicare and/or Medicaid rules and regulations.
B. Victim's Compensation Contractual Adiustments.
Contractual
adjustments wHl be made in accordance with applicable stale, federal
and locaf rules and regulations.
C. Worker's Compensation Contractual Adjustments.
Contractual
adjustments will be made in accordance with applicable state, federal
and local rules and regulations.
D. County Emolovee Adiustments. Board of County Commissioners and
Constitutional Officers' employees that have Primary coverage under
Collier County's insurance policy will be responsible for any deductjbles,
co-payments or unpaid balances. An employee may dispute his/her
ambulance charge in accordance with procedures set forth in Ordinance
No. 96-36.
E. ChampuslTricare Adjustments. Contractual adjustments will be made in
accordance with applicable Champus/Tricare rules and regulations.
F. Railroad Retirement Adiustments. Contractual adjustments will be made
in accordance with applicable state, federal and local rules and
regulations pertaining to Railroad Retirement Adjustments.
G. Social Services Adiustments. Contractual adjustments will be made in
accordance with rules established by the County Manager and
memorialized by a memorandum of understanding executed by the
Social Services Director and the EMS Director.
SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS
Pursuant to Ordinance No. 96-36, and from the effective date of this
Resolution, user fees for EMS ambulance stand-by services may be waived if the
Board finds that a valid public purpose has been established in recognition of
their charitable contributions to the Community.
5
j'.'
SECTION SIX: HARDSHIP CASES AND PAYMENT PLANS
The Board recognizes that certain service recipients may need to be
identified and processed as hardship cases. Payment plans will be established
pursuant to the minimum guidelines set forth in this Resolution.
A. Hardship cases will be established in accordance with the Federal
Poverty guidelines, as used by the Social Services Department of Collier County.
B. Payment plans for hardship cases will be set up on a monthly basis. with
a minimum payment of $1 0.00 per month. Hardship cases, placed on a payment
plan will not accrue interest or be placed into collection. Notwithstanding the
foregoing, if a service recipient has a payment plan and does not make the
agreed scheduled payments for a period longer than two (2) months, the account
will be turned over to the County's contracted collection agency and interest will
begin to accrue.
SECTION SEVEN: SUPERCISION OF RESOLUTION 05--224
This Resolution shall supersede Resolution No. 05-224
SECTION EIGHT: EFFECTIVE DATE
This Resolution shall become effective on October 1, 2006
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 1.1.... day of >;5K/"17 6e f'; , 2006.
ATTEST:
DWIGHT,E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS, '
COLLIER COUNTY, FLORIDA
BY:'
~.o.(.
~ C1\111"111A ,
, Ii 'oel,
BY ~-~
Frank Halas, Chairman
Approved as to form and
legal sufficiency:
~rata 01 f LClKluA
;Qunty of COLUER
~rn~
Colleen Greene
Assistant County Attorney
I HEREBY CERTIFY THAT this Is a truaand
~Orrl~bt COpy ota docu,ment.:on file ;n
:!oarti, Minu,teS, and RecOfcs of COllier Count>>'
Wtl~S5.;my h~.I!C;tt.' mCiaIS~.l I J: tilts
~::d~Y of ..' .- ___~~
Agenda Item No. 16F2
December 12, 2006
Page 12 of 16
DWIG8,;. BRO('K,Cl~RK OF COURTS
.~,..
By: -"'l,~' .' :.~:~~q~~'~" D.C. - ---
,....'...
6
Agenda Item No. 16F2
December 12, 2006
Page 13 of 16
MEMORANDUM
A TT ACHMENT "c"
TO:
J ames V. Mudd, County Manager
FROM:
Dan Summers, Director Bureau of Emergency Services Division
DATE:
November 15, 2006
REF:
Certificate of Convenience and Necessity for Collier County
Emergency Medical Services Department
After review of the application to renew this certificate for Collier County Emergency
Medical Services Department, no further information is required at this time.
Agenda Item No, 16F2
December 12, 2006
Page 14 of 16
-
COLLIER COUNTY FLORIDA
ENIERGENCY SERVICES PERMIT #1
This Permit Expires December 31, 2007
Name of Service:
Collier County Emergency Medical Services
Name of Owner or Manager: Collier County Board of County Commissioners
Principal Address of Service: 2705 South Horseshoe Drive, Naples, Florida 34104
Business Telephone:
(239) 774-8459
Emergency Telephone:
9-1-1
Description of Services Area: The 2,032 square miles encompassing: Collier County
Number of Ambulances on 24 hour duty: 23 ground units (ambulances)
Number of Ambulances on 12 hour duty: 1 ground unit (as needed durin!! season
taken from reserve fleet).
Number of reserve Ambulances: 7
Number of non-transport ALS engines 21
Number of Medivac helicopter: 1
See attachment "A" for description of vehicles.
This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance
Service to operate Emergency Medical Services for a fee or charge for the following
area(s): Collier County until the expiration date hereon, except that this permit may be
revoked by the Board of County Commissioners of Collier County at any time the service
named herein shall fail to comply with any local, state or federal laws or regulation
applieable to the provision of Emergency Medical Services.
Issued and approved this
day of
, 2006_>
A TrEST:
COMMISSSIONERS
Dwight E. Brock, CLERK
BOARD OF COUNTY
COLLIER COUNTY, FLORIDA
Clerk
Frank Halas, Chairman
Approved as to form & legal sufficiency:
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Agenda Item No. 16F2
December 12, 2006
Page 16 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Recommendation to approve a Certificate of Public Convenience and NeceSSity for the
Collier County Emergency MedIca! Services Department at a renewal rate for FY 07 of
$25000
12/12/2006 g.OOOO AM
EMS Chief
Date
EMS
11/2212006 11 :14:25 AM
Assistant County Attorner
Date
County Attorney Office
11/27120062:18 PM
EMS Chief
0.10
EMS
11/29/20063:48 PM
Bureau of Emergency Services Director
Date
Bureau of Emergency Services
11130/20061 :02 PM
Administrative Assistant
Date
Office of Management & Budget
11/30/2006 2:27 PM
Management & Budget Analyst
Date
Office of Management & Budget
1211/20061 :26 PM
Management & Budget Director
Date
Office of Management & Budget
12/5120069:16 AM
Deputy County Manager
Date
County Manager's Office
12/5/200612:23 PM
"'-"'"
Agenda Item No. 16F3
December 12, 2006
Page 1 of 7
,_.
EXECUTIVE SUMMARY
Recommendation to approve a Florida Emergency Medical Services County Grant
Application, Grant Distribution Form and Resolution for Training and
MedicallRescue Equipment and Supplies in the amount of $163,419.00 and to
approve a Budget Amendment to appropriate additional grant funds in the amount
of $63,419.00 which is the difference between the $100,000 budgeted for FY 07 and
the $163,419 deemed by the State of Florida as the grant award.
OBJECTIVE: To expand and Improve pre-hospital emergency medical servIces
utilizing State grant money.
---
CONSIDERATIONS: The State of Florida established the Emergency Medical
Services Grant Award Program for the expansion and/or improvement of emergency
medical services. A grant application was recently received from the State of Florida
indicating that Collier County's grant award for fiscal year 2007 will be $163,419.00. A
resolution is required to be included with the grant application stating that funds will not
be used to supplant the EMS budget and certifying that the grant funds will be used to
improve the County's emergency medical services. Also included with the application is
a Request for Grant Fund Distribution, which directs the Florida Department of Health to
remit the grant funds to Collier County Board of Commissioners. Approval of these
documents also constitutes acceptance of the grant when awarded. In addition, a Budget
Amendment is necessary to appropriate the additional grant award of$63,419.00 over the
amount budget of $100,000 for FY 07.
FISCAL IMP ACT: Qualified purchases will be totally funded by the State of Florida
Emergency Medical Services Grant Award Program. Funds will be allocated to and
disbursed from Fund 491- EMS Grants,
GROWTH IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDATIONS: That the Board of County Commissioners:
1. Approve the Florida Emergency Medical Services County Grant Application, the
Grant Distribution Form requesting grant funds be remitted to the Collier County
Board of Commissioners and the Resolution stating that grant funds will not
supplant the EMS budget;
2. Authorize the Chairman to execute the documents listed in number I above; and,
3. Approve the Budget Amendment in the amount of $63,419 to appropriate funds
over the $100,000 budgeted for FY 07.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16F3
December 12.2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recommendation to approve a Florida Emergency Medicai Services County Grant
Applicatoon, Granl Distributoon Form and Resolution for Training and Medical/Rescue
EqUipment and Supplies in Ihe amount of $16341900 and to approve a Budget Amendment
10 appropriate additional grant funds In the amount of $63419.00 which is the ditference
between the $100,000 budgeted for FY 07 and the S163,419 deemed by tile State of Florida
as the grant award
12/12/20069.00:00 AM
EMS Chief
Dale
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS
11129/20062:38:32 PM
Approved By
Assistant County Attomer
Date
Colleen Greene
County Attorney
County Attorney Office
11/29/20062:42 PM
EMS Chief
Date
Approved By
Jeff Page
Bureau of Emergency
Services
EMS
11/29/2006 3:49 PM
Grants Coordinator
Date
Approved By
Marlene J. Foard
Administrative Services
Administrative Services Admin.
11/30/20068:20 AM
Bureau of Emergency Services Director
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services
11/30/20061 :04 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
11/30/20062:28 PM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of Management & Budget
1211/20068:48 AM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
12/1/20067:18 PM
Agenda Item No. 16F3
December 12, 2006
Page 3 of 7
EMS COUNTY GRANT ApPLlCA TION
FLOR/DA DEPARTMENT OF HEAL TH
Bureau of Emergency Medical Services
Complete all items
10. Code (The State Bureau of EMS will assign the 10 Code - leave this blank) C
1. County Name: Collier County Board of County Commissioners
Business Address: 3301 Tamlami Trail Eas1
Naples, FL 34112
Telephone: 2S9-n4-B459
Federal Tax ID Number (Nine Digit Number). VF 59-60000558
2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal
documents for the county) I certify that all information and data in this EMS county grant application and
its attachments are true and correct. My signature acknowledges and assures that the County shall
comply fully with the conditions outlined in the Florida EMS County Grant Application.
Siqnafure: Date:
Printed Name: Frank Halas
Position Title: Chairman
3. Contact Person: (The individual with direct knowledge of the project on a day~to-day basis and has
responsibility for the implementation of the grant activities. This person is authorized to sign project
reports and may request project changes, The signer and the contact person may be the same.)
Name: Jon Pago
Position Title: Chief. Emelll"'lCl' Medcal Services
Address: 2705 South Horseshoe Dn.e, Suile 202
Naples, FL 34104
Telephone: 239-774-1l455 I Fax Number: 239-775-4454
E-mail Address: JeHPage@cclliergov,net
4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant
funds will improve and expand the county pre-hospital EMS system and will not be used to supplant
current levels of county expenditures.
5. Budget: Complete a budget page(s) for each organization to which you shall provide funds.
List the organization{s) below. (Use additional pages if necessary)
Medical Equipment/Supplies $78,41 9
Training 15,000
MedicaVRescue Equipment 70,000
DH Form 1684, Rev. June 2002
3
Agenda Item No. 16F3
December 12, 2006
Page 4 of 7
BUDGET PAGE
For each position title. provide the amount of salary per hour, FICA per
hour, other fringe benefits, and the total number of hours. Amount
N/A
TOTAL Salaries
TOTAL FICA
Grand total Salaries and FICA 0.0
A. Salaries and Benefits:
B. Expenses: These are travel costs and the usual, ordinary. and incidental expenditures by an
agency, such as, commodities and supplies of a consumable nature excludinQ expenditures classified
as oDeratinQ capital outlay (see next cateaorv).
List the item and, If applicable, the quantity Amount
Medical Equipment/Supplies 78,419
Training 15,000
TOTAL $ 93,419
C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures. and other
tangible personal property of a non consumable and non expendable nature with a normal expected life
of one (1) year or more.
List the Item and, if applicable, the quantity .--- Amount
Medical/Rescue Equipment 70,000
!
TOTAL $ 70,000
Grand Total $ 163,419
DH Form 1684. Rev. June 2002
4
Agenda Item No. 16F3
December 12, 2006
Page 5 of 7
FLORIDA DEPARTMENT OF HEALTH
EMS GRANT PROGRAM
REQUEST FOR GRANT FUND DISTRIBUTION
In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby
requests an EMS grant fund distribution for the improvement and expansion of pre-hospital
EMS.
DOH Remit Payment To:
Name of Agency: Collier County Board of Commissioners
Mailing Address: 3301 Tamiami Trail East
Naples, FL 34112
Federal Identification number Fed 10 59-60000558
Authorized Official:
Signature Date
Frank Halas, Chairman
Type Name and Title
Sign and return this page with your application to:
Florida Department of Health
BEMS Grant Program
4052 Bald Cypress Way, Bin C18
Tallahassee, Florida 32399-1738
Do not write below this line. For use by Bureau of Emergency Medical Services personnel only
Grant Amount For State To Pay: $ Grant 10: Code:
Approved By
Signature of EMS Grant Officer Date
State Fiscal Year: -
Oroanization Code E.O. OCA Obiect Code
64-25-60-00-000 N N2000 7
-
Federal Tax 10: VF_________
Grant Beginning Date: October 1, Grant Ending Date: September 30,
DH Form 1767P, Rev. June 2002
~~ea as to fo~ &~gal ~ufficiencJ
. ({jO~f!.aJd7r7_ ~.
Assistant County AttorlJ@Y
5
Agenda Item No. 16F3
December 12, 2006
Page 6 of 7
GENERAL CONDITIONS AND REQUIREMENTS
The EMS County grant general conditions and requirements are an integral part of the county
grant agreement between the agency/organization (grantee) and the state of Florida,
Department of Health (grantor or department). In the event of a eonfliet, the following
requirements shall always be controlling:
FINANCIAL
FUND ACCOUNTlNG:
All state EMS grant funds shall be deposited by the grantee in an account maintained by the
grantee, and assigned an unique accounting code designator for all grant deposits and
disbursements or expenditures thereof, All state EMS grant funds in the account maintained
by the grantee shall be accounted for separately from all other grantee funds.
USE OF COUNTY GRANT FUNDS:
All state EMS grant funds shall be used between the beginning and ending dates of the grant
solely for aetivities as outlined in the Notice of Grant Award letter, its attachments if any, and
the application including its budget with its revisions, if any, on file in the state EMS office,
The grantee is not restricted to staying within the line item amounts within the approved grant
budget. However, the grantee must adhere to the approved total grant budget. Any
expenditures beyond this budget are the full responsibility of the grantee.
ROLLOVERS
Any unencumbered EMS county grant program funds as of September 3D, of each year r
including interest, remaining in the assigned grantee account at the end of a grant period shall
be reported to the department. The grantee will retain these funds in the EMS County Grant
aecount and include them in a budget revision request after receipt of approval of their next
county grant application.
8
RESOLUTION NO. 2006 - _
Agenda Item No. 16F3
December 12, 2006
Page 7 of 7
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CERTIFYING THAT THE APPLICATION FOR AND USE
OF THESE EMS COUNTY GRANT FUNDS WILL
IMPROVE AND EXPAND PRE-HOSPITAL EMS
DEPARTMENT ACTIVITIES AND WILL NOT SUPPLANT
CURRENTL Y EXISITlNG COUNTY EMS BUDGET
ALLOCA TlONS
WHEREAS, the State of Florida has established the Emergency Medical Services
Grant Award Program for the expansion and/or improvement of emergency medical
services;
WHEREAS, the Collier County EMS Department Paramedics and
Paramedic/Firefighters provide basic and advanced life SUPPOIt care and highly technical
service to the citizens and visitors of Collier County; and
WHEREAS, the purchase of equipment and provision of training classes shall
greatly enhance the effectiveness of pre-hospital emergency medical care in Collier
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COlJ1\T'fY, FLORIDA, that:
The $163,419.00 EMS County Grant will be used to improve and expand the
County's pre-hospital EMS system, including to purchase medical/rescue equipment and
to conduct training classes, but these grant funds will not be used to supplant current
levels of existing County EMS budget allocation.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Flodda, this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
FRANK HALAS, Chainnan
Approved as to form and
legal sufficiency:
~ rOWMioYl ilwflt0-.
Colleen Greene /
Assistant County Attorney
Agenda Item No. 16F4
December 12, 2006
Page 1 of 3
,~
EXECUTIVE SUMMARY
Recommendation to approve spending up to $30,000 for appraisals and
pre-contract expenses associated with the potential purchase of the
Holland Salley Warehouse located at 2231 Linwood Avenue.
OBJECTIVE: That the Board of County Commissioners approves an appraisal and
architectural/structural feasibility associated with the potential purchase of the Holland
Salley Warehouse (Property) at 2231 Linwood Avenue for purpose of an EMS Transport
Unit Base, EMS Special Operations Storage and an Emergency Management Logistical
Support Area.
CONSIDERATIONS: Collier County Emergency Management has an on-going
programming need to have permanent warehousing operations in support of disaster
response and mass medical supply in Collier County. The potential for hurricanes,
hazardous materials events, mass casualty, pandemic, or other event requires Collier
County to have some level of disaster capability or major incident response capability
and inventory lasting at least 72 hours of a major disaster event. Moreover is the need to
have a central receiving point for mutual-aid resources, equipment and pharmaceuticals
for secondary distribution to the community.
-----
This Property, with its multi-purpose capability, industrial location, and proximity to the
Naples Airport, and location for further EMS transport operations would potentially make
this investment extremely practical. The location has easy access to both East Tamiami
Trail and Davis Blvd.
The Property contains 0.82 of an acre, houses a 10,570 square foot warehouse, and is
located on Linwood Avenue 125=1: feet east of the intersection of Linwood Avenue with
Commercial Drive within the Davis Boulevard Triangle Redevelopment Area. The
asking price is $1,695,000 ($160.36 per square foot). Based upon two independent real
estate appraisals, a purchase contract will be negotiated with the owner and brought back
to this Board for consideration,
FISCAL IMPACT: Funds not to exceed $30,000 are available in the EMS Operating
Fund 490.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approves spending
up to $30,000 for appraisals and pre-contract expenses associated with potential purchase
of the Holland Salley Warehouse located at 2231 Linwood Avenue.
-
Prepared By: Dan Summers, Director, Bureau of Emergency Services
Jeff Page, Chief, Emergency Medical Services
Agenda Item No. 16F4
December 12, 2006
Page 2 of 3
HOLLAND SALLEY WAREHOUSE
2231 LINWOOD AVENUE
LOCATION SKETCH
Item Number:
Item Summary:
Meeting Oate:
Agenda Item No. 16F4
December 12, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F4
Recommendation to approve spending up to $30,000 for appraisals and pre-contract
expenses associated with ttle potential purchase of the Holland Salley Warehouse located at
2231 Linwood Avenu9.
12/12/2006900.00 AM
Date
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
EMS
1211120061:02 PM
Approved By
Date
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
12/1/20061:12 PM
Date
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Facilities Management
12/1/20063:00 PM
Date
Approved By
Toni A. Mott
Administrative Services
Real Property Supervisor
Facilities Management
1211120064:08 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Buuget
1214/20067:27 AM
Date
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
12/412006 9:28 AM
Date
Approved By
Michael Slnykowski
County Manager's Office
Management &: Budget Director
Office of Management & Budget
12/412006 2:00 PM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/6/2006 4 :57 PM
..-
BUDGET AMENDMENT REQUEST
~~~~~~t!;~~D11.
JE#.................................
BAR#,................."....,..,..
AP,H. Date........................
Age=n. e "\lcr.A-6F5
D c "~,~006
e 1 of 4
Date Prepared: 11/03/06
Approved by BCC on:
Attach Executive Summary
Item No.:
D~@~DW~~
V 2006 l!J
Fund Number 312
Fund Description Road Gas Tax
Expense Budget Detail
Fund Center Title: Trans EnglConst
WBS Element Title:
:vide the Fund Center or WBS elemeut iDfi
Fund WBS Commit
Center Element Item
163615 764110
Fd CtrNo.: 163615
WBS No.:
Revised
Bud et
5.3: <7SO
Net Change to Budget lb. 5'"'0
-
Expense Budget Detail
Fd CtrNo.: 919010
WBS No.:
Fund Center Title: Reserves
WBS Element Title:
vide the Fund Ceoter or WBS elemeut iDfOl'llllltio . it is not . red to vide both.
Fund WBS Commit Commitment Item
Center Element Item Descri tion
9190 10 99 I 000 Reserves from Contigency
Revised
Bud et
50. sV
Net Change to Budget
Expense Budget Detail
Fd CtrNo.:
WBS No.:
Fund Center Title:
WBS Element Title:
(Provide the f"Ulld Cctder or WBS elemeut ' . . it is not reouired to omvide both}
Fuod WBS Commit Commitment Item Increase Current Revised
Center Element Item DescriDtion (Decrease) Budszet Budszet
---
Net Change to Budget
Agenda Item No, 16F5
December 12, 2006
Page 2 of 4
Revenue Budget Detail
Fund Center Title:
WBS Element Title:
Fd CtrNo.:
WBS No.:
(Provide the Fund Center or WBS olemltlJl informatioa; it is not reauired to orovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bude:et Bude:et
Net Change to Budget
EXPLANATION
Why are funds needed? Funds are needed to replace a vehicle with a blown engine that Fleet
Management has determined needs to be replaced.
Where are funds available? Funds are available in Gas Tax Reserves.
~
REVIEW PROCESS
DATE
tI
Cost Center Director:
Division Administrato .
Finance De artment:
Clerk of Board Admin.:
,--
-
Agenda Item No. 16F5
December 12, 2006
Page 3 of 4
APPROVAL OF BUDGET AMENDMENTS
Bee Agenda of December 12, 2006
Road Gas Tax Fund (312)
Budget Amendment #07-082
Operating Expenses
Transportation
$16,950
Reserves
Reserve for Contingencies
($16,950)
Total
-0-
Explanation: Funds are needed to replace a 1998 Ford Taurus with a blown engine. The cost of
repairs exceeds the residual value of this vehicle. Therefore, Fleet Management recommends
replacing this vehicle.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
Page 1 of 1
Agenda Item No. 16F5
December 12, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F5
Approve budget amendments,
1211212006 9:00:00 AM
App roved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1215/2006 9:52 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
12/6/20063:16 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/6120065:25 PM
Agenda Item No. 16F6
December 12, 2006
Page 1 of 4
~-"-.
EXECUTIVE SUMMARY
Recommendation to Approve a Budget Amendment Appropriating
Additional Revenue in the Freedom Memorial Trust Fund
OBJECTIVE: To adjust budget appropriations in the Freedom Memorial Trust Fund to reflect additional
donations received and to provide appropriations in operating expenses to pay bills as project costs are
incurred.
CONSIDERATIONS: The FY 07 Freedom Memorial Trust Fund budget included $4,000 in budgeted
carryforward revenue. Actual carryforward into FY 07 amounts to $4,727 reflecting a positive variance of
$727. In addition, FY 07 year-to-date donations amount to $13,263, plus an additional $58 in interest
earnmgs.
In addition, the $4,000 adopted FY 07 expense budget was appropriated into reserves. Transferring the
$4,000 from reserves into operating expenses will provide budget appropriations to allow invoices for
project expenses to be paid. Florida Statutes prohibit charging expenses directly to a reserve account.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this
Executive Summary.
_.
FISCAL IMPACT: A budget amendment will appropriate carryforward of $727, contributions of
$13,263 and $58 in interest earnings. In addition, the $4,000 in budgeted reserves will be transferred to
operating expenses. This will provide $18,048 in budget appropriations for any costs incurred.
RECOMMENDATION: That the Board of County Commissioners:
1. Approves a budget amendment recognizing $727 in carryforward, $13,263 in donations, and $58
in interest earnings and appropriating $4,000 from reserves into operating expenses.
Prepared by: Michael Smykowski, OMB Director
,-.
Agenda Item No. 16F6
December 12, 2006
Page 2 of 4
BUDGET AMENDMENT REQUEST
For BudgetlFinance DO Only
BA#.. .... ..o.1.~.!.... y....
JE#..............,..,...,...........
BAR#..,................,..........
A.P.H. Date..................,....
Fund Number 620
Fund Description Freedom Memorial Fund
Date Prepared: 12/6/06
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Freedom Memorial
Fd Ctr No.: 156430
WBS No,:
(If a Proiect, rovide the WBS element infoffilation; if it's for a non-project account, provide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bude:et
156430 634999 Other Contractual 18,048 0 18,048
Services
Net Change to Budget
18,048
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Reserves - Board
Fd Ctr No.: 919010
WBSNo.:
(If a Proiect, 1 rovide the WBS element infonnation; if it's for a non-oroiect account, provide the fund center information.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bude:et
919010 994500 Reserves for Future (4,000) 4,000 0
Construction
Net Change to Budget
(4,000)
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
Freedom Memorial
Fd Ctr No.: 156430
WBS No.:
(If a Project, rovide the WBS element information; ifit's for a non-proiect account, provide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budf:!et Bude:et
156430 366900 Contributions Private 13,263 0 13,263
Net Change to Budget
13,263
Fund Center Title:
WBS Element Title:
Revenue Budget Detail
Reserves - Board
Agenda Item No. 16F6
December 12, 2006
Page 3 of 4
Fd CtrNo.: 919010
WBS No.:
(If a Proiect, rovide the WBS element information; if it's for a non-Droiect account, nrovide the fund center infonnation.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
919010 489200 Carry forward Gen 727 4000 4727
989010 361180 Investment Interest 58 0 58
!
Net Change to Budget 785
EXPLANATION
Why are funds needed?
It is necessary to appropriate existing funds in operating expenses to pay bills as project costs are
incurred for the Freedom Memorial.
Where are funds available?
Funds are available in Reserves, as well as donations received in FY 06 and FY 07.
REVIEW PROCESS
DATE l
Cost Center Director:
Division Administrator:
Budget Department:
Agencv Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
Agenda Item No. 16F6
December 12, 2006
Page 4 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Summary:
16F6
Recommendation to Approve a Budget Amendment ApprOpriating AdditIOnal Revenue in the
Freedom Memorial Trust Fund.
Item Number:
Meeting Date:
12/12/2006 9 00:00 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
12/612006 9:03 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
12/6/20069:24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/6/2006 9:37 AM
Agenda Item No. 16G1
December 12, 2006
Page 1 of 18
-
EXECUTIVE SUMMARY
To approve and execute a Site Improvement Grant Agreement(s) between the
Collier County Community Redevelopment Agency and a Grant Applicant(s) within
the Bayshore Gateway Triangle Community Redevelopment Area
OBJECTIVE: To approve and execute a Site Improvement Grant Agreement(s) between
the Collier County Community Redevelopment Agency and a Grant Applicant(s) within
the Bayshore Gateway Triangle Community Redevelopment Area.
CONSIDERATIONS: Annually, the Community Redevelopment Agency's Site
Improvement Grant Program is funded at a level that satisfies existing grant obligations
from prior fiscal years and future grant opportunities. The purpose of the grant program is
to provide an incentive to revitalize the area by providing a matching grant to encourage
the private sector to upgrade/rehabilitate their property. The commercial property grant
requires applicants to provide a match of at least 66% with the remaining project dollars
supported by Tax Increment dollars generated from the CRA District. For FY 07, a total of
$180,000 is budgeted for the rehabilitation grant program. From this allocation, $117,200
is available for new projects and $62,800 is committed and due to previously approved
applicants upon satisfaction of all grant stipulations.
-
The Bayshore Gateway Triangle Community Redevelopment Local Advisory Board
reviewed the applications on July 11, 2006 and recommended that the CRA Board
approve the following Site Improvement Grants for:
1.American Legion Post 135, 2296 East Tamiami Trail, Naples, FL
FISCAL IMPACT: Sufficient budget exists within the Bayshore Gateway Triangle Fund
(187) to satisfy this new grant application. A Site Improvement Grant may fund up to 33%
of the applicants project cost up to a ceiling of $8,000. This site improvement project
totals $52,150 and the grant request is 15% ofthe estimated project cost.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County, including the Bayshore Gateway Triangle CRA, that may
consider alternative land use plans, modifications to development standards,
improvements to infrastructure and incentives to encourage redevelopment.
RECOMMENDA TION: That the CRA Board approves and authorizes for execution the
Site Improvement Grant Agreement between the Community Redevelopment Agency and
American Legion Post 135 in the amount of $8,000.
Prepared by:
Jon Ogle on November 17,2006
Project Manager
Bayshore/Gateway Triangle Community Redevelopment Agency
,-..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16G1
December 12, 2006
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G1
To approve and execute a Site improvement Grant Agreement(s) between the Colher County
Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway
Tnangie Community Redeveiopment Area
12/12/20069.00:00 AM
Date
Prepared By
Jon Ogle
Community Rede\felopment
Agency
Project Manager
BayshoreMGateway Redevelopment
11/27/200610:13:49 AM
Approved By
Date
Jon Ogle
Community Redevelopment
Agency
Project Manager
Bayshore.Gateway Redevelopment
11/27/2000 10:11 AM
Approved By
Date
David Jackson
Community Redevelopment
Agency
Executive Director
Bayshore.Gateway Redevelopment
11/27/200610:24 AM
Approved By
Date
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/29/20061 :06 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
11/30/2006 12:26 PM
Date
Approved By
MarjOrie M. Student-Stirling Assistant County Attorney
12/112006 8:35 AM
Approved By
County Attorney County Attorney Office
Michnel Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
12/112006 10:36 AM
Approved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
12/1/2006 6:48 PM
Agenda Item No. 16G1
December 12, 2006
Page 3 of 18
THE SA YSHORE/GA TeWA Y TRIANGLE REDEVELOPMENT AREA
SITE IMPROVEMENT
GRANT APPLICATION
'_'.-J-,._,'-~"'i":~'''~'''''-''~'''''.j",>-t!.~
....~ .,'\ Yesterd~,.~
\
'\
..
...
'"
Tomorrow
SITE IMPROVEMENT GRANT APPLICATION
02/2007
AMERICAN LEGION POST 135
2296 EAST TAMIAMI TRAIL
Agenda Item No. 16G1
December 12, 2006
Page 4 of 18
SITE IMPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
Owner Name:
American Leqion Post 135
Owner Address:
2296 F.. 'T'rlm;rlm; 'T'r;:,;l N;:,p'Pc::, PI ,4]J2
Site Address (if different from owner address):
Legal Description of Site: r nt c:: Nl1rnh~r~r1 (J) OnQ and T\'o (2) of block
Lettered B of that certain subdivisionknown as INQUAH according to
the map or plat thereofon file and recorded in the office of the
Circ~~PHone~ Collier County Florida in plat book 2 at page 82
D~e~@~h8~~ne 239-774-4707 Atlernate Phone 239-860-5762
E-Mail Address: ('Fl hn Fl r 1 p!"; f' @Flnl r("'lm
How long have you owned this property? s q y p;:, r c::
How long is lease term ifleased? (attach copy oflease)
Tenant Name (Commercial Only):
Tenant Daytime Phone:
Tenant Alternate Phone:
(1947)
N / II
.
Number of Years in Business at Site Address: Sq yp;:,rc::
911292/03610701
Occupational License Number:
Other Tenant Names, ifany:
T\11:n.
,
First Time Site Improvement Grant Applicant?
Yes W
NoD
If no, how many applications submitted?
Grant(s) awarded? Yes 0
NoD
6
Details
Agenda It~~J ?td1
December 12, 2006
Page 5 of 18
Folio No.1 51690600005 MiIR I
~
Current Ownership
Property Address12296 TAMlAMl TRL E
Owner N.... HARDIE MILLS POST 135
Addfesses (AMERICAN LEGION)
2296 TAMlAMI TRL E
City NAPLES I Statel FL I ZipN 34112 -4706
LegalllNOMAH BLK BLOTS 1 + 2
Section
11
Acres
0.33
~~
12.4374
Sub No.
~ Use Code
42%800
77
2006 Rnal Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value $ 216,000.00
(+) hproved Value $ 154,948.00
(=) Market Value $ 370,948.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 370,948.00
H Homestead and other Exempt Value $ 370,948.00
r.=-} T~1)'..=lbit.;.. 1'/a~L.;'?- $ 0.00
Dille I
Book - Page
Amount
SOH = "Save Our H~" exempt value due ID cap on BSMSSment
inaeases,
t:::EmI
The Information is Updated Weekly.
hUpJlwww.collierappraiser.comIRecordDetail.asp?FolioID=OOOOO51690600005
11/1612006
Agenda Item No. 16G1
December 12, 2006
Page 6 of 18
Section 2: Project Information
Existing Condition of Project (attach additional sheets if necessary):
corrig;:l1"pn Mpti"ll Sining with trim i"lrnllnn nnnr!"; .::Inn WinnntJ~ C)n
The North side of building. and masonry construction on the East side
of building,
ATTACH "BEFORE" PHOTOS AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS MAY BE
ADDED TO ACCURA TEL Y DESCRIBE THE SITE).
Outline Proposed Improvements in Detail (attach additional sheets ifnecessary):
submitted at meeting November 14th 2006
List Materials to be Used and Construction Methods to be Utilized (ie. red bricks,
wood panels, roof type, etc.) (attach additional sheets ifnecessary):
Refer to drawin s submitted at meetin November 14th 200.
ATTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED.
ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH
IMPROVEMENT.
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Agenda Item No. 16G1
AUSTIN CONSTRUCTION Decem~~;~~~~?~
4651 Arnold Avenue -~ Naples, Florida 34104 -j,: Phone (239) 643-5691 "", Fax (239) 643-5569
AMERICAN LEGION
SUBMITTED TO: AMERICAN LEGION
A TTENTlON: JOHN SKILLES
LOCA llON: AMERICAN LEGION POST
CITY 1.,. ATE: NAPLES FL,
SUBJECT TO PROMPT ACCEPT ~ WITI-lIN 30 DAYS AND TO AlL CONDfIlONS STIf'UL..\ TED BaOW WE PROPOSE
TO RJRNSi MATER.1A1...5 AND I.ABOR. AT TIiE PR.ICES AS SET FORTH Baow:
SCOPE:
· PERFORM DEMOLITION OF AWNING. REMOVE EXISTING EXTERIOR LIGHTING.
REMOVE ENTRY DOOR AND JAMB. REMOVE EXISTING GUTTER
· PERFORM AU. NECESSAR Y FRAMING PERTAINING TO BLOCK W AU.. PERFORM
FR!\MING OF NEW ENTRY DOOR.
· SUPPLY AND IN5T ALL NEW ELEClRlCAL RXTURES
· PERFORM ALL STUCCOWOR.K PERTAINING TO NEW CONSlRUCTION.
· PERFORM ALL PAINTING PERTAINING TO NEW RENOVATIONS (PAINT SCHEDULE
BY OTHERS)
· SUPPLY AND INSTALL ALL NEW GUTTERS ON FRONT OF BUILDING ONLY
EXCLUSIONS:
· DUMPSTER OR TEMPOR.AR.Y FACILITIES.
BASE PRICE TO BE ... ........... ...-.. ................ ....... ............... ...... ...... ...$ 52,150
AUSTIN CONSlRUCllON
BY:
ACCEPTED BY:
lTILE:
TITLE:
G. C. #CGC060471
Agenda Item No. 16G1
December 12, 2006
Page 10 of 18
1.1.. ILlII,IIC.
Distinctive ContTactoTs
p.o. Box 111015
Naples, FL :.JI08
Phone: 239 593 7338
Fax: 239254 8992
E-mail: info{i)dbrownbuildcrs.com
Web: www.dbrownbuilders.com
!E = \ill ...:
fI1' Generation Family Owned Business
ESTIMATED BUDGET
Date: August 7, 2006
Project:
American Legion Post #135
2296 Tamiami Tr. E.
Naples, FL 34112
Ph -774-4707
Exterior Remodel
Contractor: D. Brown Builders, Inc.
Contact: Darren Brown - Tel 593-7338
.-
D. Brown Builders, Inc. hereby submits the following estimated budget:
SEE AlTACHMENT "A" & "B"
We propose to furnish our labor in accordance with the supplied infonnation for the sum of:
SEE AlTACHMENT
All work will be completed in a professional manner. Any alteration or deviation from supplied plans
involving extra costs will become an extra charge over and above the proposed estimate. Charge for
additional work will be done on a cost plus basis.
Tenns:
50% deDOSit. all other pavments due uDOn invoicina
ACCEPTANCE OF ESTIMATED BUDGET - The above prices and conditions are satisfactory and
are hereby accepted. D. Brown Builders, Inc. is authorized to do the work as specified. Payment will
be made as outlined above.
Date of Acceptance:
Signature:
Customer
Signature:
O. Brown Builders, Inc.
_ Otease note that 0, Brown Builders, Inc. vrill not commence work without executed documents from the owner/contractor. AD additional work must have
j signed change order. #700 American legion Ext. Remodel 8,7.06
Agenda Item No. 16G1
December 12, 2006
Page 11 of 18
ATTACHMENT "A"
Date: August 7. 2006
Project:
American Legion Post #135
2296 Tamiami Tr. E_
Naples, FL 34112
Ph -774-4707
Exterior Remodel
Contractor: D. Brown Builders, Inc.
Contact: Darren Brown Tel - 593-7338
-Notice to Our Valued Customers -
As a discriminating customer, you have chosen D. Brown Builders, Inc. to provide you with the management
and superior quality to detail that you deserve. Our goal is to provide you with excellent service and a product
you will be proud of. We will ensure your project is a smooth process and pleasant experience. D. Brown
Builders, Inc. would like to thank you for selecting us and are confident you will be happy with your final
result. We truly value you, our customer.
D. Brown Builders, Inc. strives to give accurate estimates based on information available at the time of
estimating. We want to stress, our figures are an estimate only, at a labor and material cost, and may vary at
times due to a variety of reasons. Our estimated budget price does not include 10% overhead and 10% profit.
As your Contractor, we are unable to be responsible for unforeseen overages for materials provided or labor
performed on your project beyond our control.
Please review your invoices carefully. Payment of all invoices is expected as outlined by your estimate. Jfyou
have any questions pertaining to your project, please submit a written notice by mail, fax or e-mail within 14
days of receipt and we will be happy to provide you the requested information. Late fee of 1.5% will be added
after 30 days. There will be a fee of2% added for use of Visa, Master Card and Discover over invoice total.
There will be a fee of 4% for use of American Express.
D. Brown Builders, Inc. will not be held responsible for any damages to existing plumbing supply lines,
existing electrical or any other hidden supply lines that occurs during the normal course of work. on the job.
Also, we are not responsible for any mold or mildew problems that may presently exist or could occur during
construction or thereafter. Owners of said commercial or residential property are responsible for the
maintenance of the environment of said dwelling( s) and all mold and mildew controls.
Date:
Customer
Signature:
Please note that D. Brown Builders, Inc. will not commence wortt without executed documents from the owner/contractor. All additional work. must have
a signed change order. :f.700Arnertcan Legion Exl Remodel 8,7.06
Agenda Item No. 16G1
December 12, 2006
Page 12 of 18
ATTACHMENT "B"
Date: August 7,2006
Project:
American Legion Post #135
2296 Tamiami Tr. E.
Naples. FL 34112
Ph -774-4707
Exterior Remodel
Contractor: D. Brown Builders, Inc.
Contact Darren Brown Tel- 593-7338
PROVIDE lABOR AND MATERIALS FOR THE FOLLOWING:
Demolition
. Remove awning
. Remove existing exterior lighting
. Remove entry door and jamb
Framing
. Frame from concrete block to roof line to bring existing wall out to concrete block on west side
. Frame in new entry door
Electrical
. Install new light fixtures in existing exterior locations
~tucco
. Wire lath over existing metal siding and concrete block on front and west side and stucco
Paint
. Paint new stucco area on front and west side of building
-NOTE - Paint to be chosen by client
Gutters
. Supply and install new white 6" super gutter on front of building
lrot;al Estimlltltd Price..................................................................~~.ir!5().()()
Not included: (Very important please read CIlrefully, Thank You!)
. No Pennitting, Architectural or Engineering Fees Included
+ No Dumpster Fees, LOllds are charged as they are removed
ALL PRICES ARE EFFECTIVE FOR 30 DAYS, AFTERWARDS PRICES MUST BE REVIEWED.
ACCEPTANCE OF ESTIMATED BUDGET - The above prices and conditions are satisfactory and
are hereby accepted. D. Brown Builders, Inc. is authorized to do the work as specified. Payment will
be made as outlined above.
Date of Acceptance: Signature:
D. Brown Builders, Inc.
Customer
Signature:
PleaSe nole that o. Brown Builders. Inc, will not commence wor1l without executed documents from the owner/contractor, An additional wor1l must have
a signed change order. #100 American legion Ext. Remodel 8.7 .06
Agenda Item No. 16G 1
December 12, 2006
Page 13 of 18
PROJECT INITIATION AND COMPLETION FORM
(to be submitted with Site Improvement Grant Application)
I, Rirhi'lrn c; HF1inp",('nmm.=tnnpr , owner/tenant of the property located at
2 2 9 6 P. T i'l m", i m j T r F1 i 1 , have the funding and capability necessary to begin the
site improvements listed under Section 2 of the completed site improvement grant application
and have the ability to complete all improvements within one year of the approval of the site
improvement grant by the Collier County Community Redevelopment Agency.
s:~-:L,/J.4!, ~
Ignature of Owner/Tenant (CommercIal only)
Commander, American Legion Post 135
II/;S-- / (J}-6
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
9
Agenda Item No. 1681
December 12, 2006
Page 14 of 18
POINT EVALUATION FORM
A point system will be used by CRA staff to evaluate projects, using the following table
(application must clearly indicate what project provides to get the points associated with that
item) :
POINTS FORM
Project Provides Points Points
Available A warded
Removal of false facade, awnings, canopies, porches, signs or old entryway 1 I
New porch, awning, and/or canODV 1 ,
Construction of new public entrance 1 I
New signs, on building or monument 1 I
New paint only 1
Paint complements the "Old Florida" style 1 I
Design consistent with the "Old Florida" style 1
Replacement or repaired windows or doors 1 I
Swales and stormwater improvements 2
Repointing of mortar joints for brick or stone fronts I
Woodwork repair, replacement or new installation 1
New Roofing, rain gutters, or soffit 1
Stucco or siding work 1 I
Parking improvements (Commercial) 2
Driveway replacement or improvement (Residential) 1
Landscaping improvements and irrigation system 2 1-
Hurricane protection (storm shutters, windows, doors) 2
Fencing I
Subtotal ~
Other Criteria
Applicant has funding and is prepared to begin permitting process and hiring 5 t(
of qualified contractors immediately following CRA approval and complete
all work within one year of approval by CRA
Improvements will allow applicant to remedy existing code enforcement 5
problems
1 st time Site Improvement Grant applicant (repeat applicants qualify for points 5 (
if grant not awarded previously or 2nd commercial site)
CRA contribution of25% or less of the total project cost 10 10
CRA contribution of26% - 50% of the total project cost 5
Subtotal j..o
TOTAL ~Cf
NOTE I: Any alterations in the project must be pre-approved by the eRA to avoid revocation of funding. In the
event that the total funding request from all applicants exceeds the amount available for this grant cycle, funds will
be awarded at the final discretion of the eRA based on the merits provided to the redevelopment area.
NOTE 2: Grant is for renovation/improvement of existing structures. Grant may be awarded for improvements made
to "existing" structures as part of a new construction project (example: hurricane quality window replacements on
existing structure as part of residential room addition or commercial office expansion).
\~'
3
Agenda Item No. 1681
December 12, 2006
Page150f18
Section 3: Project Cost Information
Estimated Project Cost:
ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HA VE AT LEAST TWO (2)
WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION.
Estimated Requested from eRA $ 8000.00
Residential owner-occupied (up to 50% of the total project cost, up to, but not
exceeding $8,000.)
Residential rental (up to 33% of total project cost, up to but not exceeding $8,000.)
Commercial (up to 25% of total project cost, up to but not exceeding $8,000.)
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL REQUIRED UPON PROJECT
COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN
PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/OR CANCELLED
CHECKS HA VE BEEN RECEIVED AND VERIFIED.
FOR eRA USE ONLY
Tetal Estimated Project Cost:
6:2. IS ()
,
Request from eRA:
~ 000
.
Percentage of Total:
/s'2
~,~,~
Owner Signature
Commander, American Legion
11//-5/cY0
Date
Post 135
Date
>t!7 /~c:
D e /
8
Agenda Item No. 16G1
December 12, 2006
Page 16 of 18
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this _12_ day of _December , _2006 by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and _American Legion Post 135_ (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of _$8,000.
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of _$8,000 dollars on
_December 12 , _2006_ ("CRA Approval"), which is _15_% of the costs to construct
the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions ofthe Grant Program.
2. Owner is the record owner of property described as _2296 East Tamiami Trail
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated November 15, 2006 attached hereto as
Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
ORIGINAL
1
FY2007 SIG Agreement
Agenda Item No. 16G1
December 12, 2006
Page 17 of 18
5. CRA has approved a grant to Owner in the amount of _$8,000. to be
administered pursuant to the terms of this Agreement based on an estimated cost of
_$52,150._. If the actual costs are less than the estimated costs to construct the Site
Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in
matching CRA funds as determined by ratio of matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction ofthe Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confIrmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FY2007 SIG Agreement
2
Agenda Item No. 16G1
December 12, 2006
Page 18 of 18
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
fIrst written above.
(1)
OWNER:
~~~i
By:
:;6 A Ai D . ~+(7 tr.ff(
Printed/Typed Name
.~
f2~'[~J S-,. j/~h'~_r
Printedffyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
,
~idr 'u f4: A1A';: - {JU/1 e-.<S
arjor" Student"Stirling
Assistant County Attorney
3
FY2007 SIG Agreement
Agenda Item No. 16G2
December 12, 2006
Page 1 of 31
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a forty (40) year Sub-Lease
Agreement between the Collier County Airport Authority and C-Tech
Manufacturing Florida, LLC at an initial rent of Sixty Five Thousand Three
Hundred Forty Dollars ($65,340) per year for construction of a minimum
196,000 square foot manufacturing facility on fifteen (15) acres at the
Immokalee Regional Airport! Tradeport.
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and C-Tech
Manufacturing Florida, LLC.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
Airport!Tradeport (Airport). C-Tech Manufacturing Florida, LLC submitted a proposal
to construct a minimum 196,000 square-foot manufacturing facility on fifteen (15)
acres at the Airport.
The Authority and C-Tech Manufacturing Florida, LLC negotiated a forty (40) year
_ Sub-Lease Agreement at an initial rent of ten cents ($0.10) per square foot per year
for the total sub-leased area (653,400 square feet), which equates to Sixty Five
Thousand Three Hundred Forty Dollars ($65,340) for the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007. Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed manufacturing facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
RECOMMENDATION: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached forty (40) year Sub-
Lease Agreement between the Collier County Airport Authority and C-Tech
Manufacturing Florida, LLC at an initial rent of Sixty Five Thousand Three Hundred
Forty Dollars ($65,340) per year for the construction of a minimum 196,000 square
foot manufacturing facility on fifteen (15) acres at the Immokalee Regional Airport!
Tradeport.
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
.-.
Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 16G2
December 12, 2006
Page 2 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G2
Recommendation that tile Collier County Board of County Commissioners approve and
authorize its Chairman to execute a forty (40) year Sub-Lease Agreement between the
Collier County Allport Authority and C-Tech Manutactunng Flonda, LLC at an initial rent of
Sixty Five Thousand Three Hundred Forty Dollars ($65,340) per year for construction of a
mlntmum 196.000 square foal manufacturrng facility on fifteen (15) acres al the lmmokalee
Regional Alrportl Tradeport
12/12/2006 9:0000 AM
Executive Director
Dale
Approved By
Theresa M. Cook
County Manager's Office
Airport Authority
11128120064:23 PM
Assistant County Attorney
Dale
App roved By
Thomas Palmer
County Attorney
County Attorney Office
11130/2006 12:30 PM
Adminis.trative Assistant
Date
App roved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
11130/2006 2:09 PM
App roved By
ManagementJBudget Analyst
Date
Randy Greenwald
County Manager's Office
Office of Management & Budget
12/112006 11 :37 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Managemont & Budget
12/412006 9:47 AM
Approved By
County Manager
Oale
James V. Mudd
Board of County
Commissioners
County Manager's Office
12/4/20066:24 PM
-
.
Agenda Item No. 16G2
RESOLUTION NO. 06-42 December 12, 2006
Page 3 of 31
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING
THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE A FORTY (40) YEAR SUB-LEASE AGREEMENT
AT AN INTITIAL RENT OF TEN CENTS (SO.10) PER SQUARE FOOT WITH C-TECH
MANUFACTURING FLORIDA, LLC TO CONSTRUCT A MINIMUM 196,000 SQUARE-FOOT
MANUFACTURING FACILITY ON A MAXIMUM OF FIFTEEN AND THREE TENTHS (15.3)
ACRES OF LAND AT THE IMMOKALEE REGIONAL AIRPORTffRADEPORT
WHEREAS, the Collier County Airport Authority ("Authority"), pursuant to County Ordinance
2004-03, as amended, manages, operates and maintains the Immokalee Regional AirportlTradeport
("Airport"); and
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related commercial
development at the Airport; and
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for Proposal
(RFP) for "Commercial Development and Use at the lmmokalee Regional Airport Pursuant to Airport Land
Lease Agreement(s);" and
WHEREAS, C- Tech Manufacturing Florida, LLC ("C- Tech") submitted its Proposal to
construct a minimum 196,000 square-foot manufacturing facility on a maximum of fifteen and three tenths
(15.3) acres ofland at the Immokalee Regional Airport/Tradeport, which Porposal has been selected for
negotiation of proposed development and terms; and
-
WHEREAS, the Authority and C-Tech negotiated a forty (40) year term at ten cents ($0.10) per
square foot and all additional provisions of the Sub-Lease Agreement; and
WHEREAS, the Authority & C- Tech Manufacturing Florida, LLC desire that the Board of County
Commissioners execute the subject Sub-Lease Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority hereby recommends that the Collier County Board of
County Commissioners approve and authorize its Chairman to execute subject attached forty (40) year Sub-
Lease Agreement at an initial rent often cents ($0.10) per square foot with C-Tech Manufacturing Florida,
LLC to construct a minimum 196,000 square-foot manufacturing facility on a maximum of fifteen and
three tenths (15.3) acres ofland at the lmmokalee Regional Airport/Tradeport.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 9th day of October 2006.
ATIEST:
~
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By:G"2.
Stephen 1. Prio-e, Chairman
Approved as to form and legal sufficiency
aa~~
Tom Per, Assis ant County Attorney
Y:lAdministration\AA Board\Resolutions\2006 Resolutions\Res 06-42 C- Tech.doc
^ ". A'"', 2
al . I Ai' .;;:> (LV" . v
Immok ee ReglOna rport December 12, 20 )6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 4 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, (hereinafter referred to as "Authority"), a public body
existing under Collier County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite I,
Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known collectively as
the Immokalee Regional Airport (hereinafter referred to as "Airport") in Collier County, Florida; and,
WHEREAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is the
Sub-lessor and C-Tech Manufacturing Florida LLC (hereinafter referred to as "Tenant") is a Sub-lessee; and
WHEREAS, Collier County through the Authority maintains designated areas on the Airport specifically to sub-lease said
areas to aviation-related businesses, entities or individuals to develop the Airport, its infrastructure, and aviation businesses
for the benefit of the general aviation community and the citizens of Collier County; and
WHEREAS, Tenant desires to sub-lease that portion of real property as described in Exhibit "A" attached, on the Airport
for the purpose of furthering the Tenant's manufacturing business interests; and
WHEREAS, the Authority is willing to Sub-Lease that portion of real property as described in Exhibit "A" attached, and
Authority and Tenant (hereinafter referred to as the "Parties") desire to execute a written sub-lease agreement (hereinafter
referred to as "Agreement").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable
consideration, the following is agreed:
PART ONE OF TWO PARTS
Paragraphs I through 6 are unique to these Premises:
1. The Premises.
The Premises Described. The Authority hereby sub-leases to the Tenant fifteen (15) acres of real property,
approximately located in the NE comer of Quadrant # 3 of Section T.47.S and R.29.E of the United States Geological
Survey, with Florida State Plane Coordinates as follows; N-760425.912, E-524658.206; N-760828.l66, E-
524650.225; N-761100.893, E-524863.911; N-761144.178, E-525055.905; N-716305.506, E-525303.428; N-
7611357.631, E-525342.018; N-761248.487, E-525403.459; N-761009.610, E-525585.711; N-760674.320, E-
525607.555; N-760650.900, E-525568.l72; N-760577.204, E-525542.088; N-760438.850, E-525586.993; N-
760458.845, E-525500.911 within Collier County, State of Florida, described in Exhibit "A" attached hereto and
incorporated herein by this reference, together with the approximately depicted easement for ingress and egress to the
property (hereinafter referred to as "Premises"). This is an approximate description. Tenant shall be required to submit
an official land survey to the Authority within sixty (60) days of the Execution Date of this Agreement. Final approval
of the survey and the exact boundaries of the access easement are subject to written approval by the Authority.
2. Terms.
a. Effective Date of Agreement. This Agreement shall have no force or effect until the Authority has actual
physical possession of one (I) original of this Agreement (including all Exhibits) fully signed by the Tenant (with
two attesting witnesses), fully signed on behalf of the Authority (with two attesting witnesses), signed as
"approved to form and legal sufficiency" by an attorney employed by Collier County, and signed by the
Chairman of the Collier County Board of County Commissioners ("BCC"), and witnessed by the Deputy Clerk.
and fully signed and witnessed by the Chairman of the Collier County Board of County Commissioners. The
date this Agreement is fully executed by the Chairman of the Collier County Board of County Commissioners is
refen.ed to in this Agreement as the "Execution Date."
b. Agreement Term. The term of this Agreement shall be forty (40) years (hereinafter "Agreement Term")
commencing on the "Commencement Date," as hereinafter defmed, and terminating forty (40) years after that
Commencement Date. The Commencement Date shall be the first day of the first full month following the
issuance or receipt of a certificate of occupancy for the completed manufacturing facility that Commencement
Date being the _ day of , 200_. The termination date shall be the last day of that month in
year 20_. (The Parties acknowledge that the missing information shall be added upon receipt of said
Certificate of Occupancy, which shall be initialed by an authorized representative of the Tenant and by the
Authority's Executive Director). Possession of the Premises by the Tenant shall be deemed to begin on the
Execution Date of this Agreement even if the Tenant is not actually then in possession of the Premises. Collier
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 5 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
County Ordinance No. 2004-03, as amended, provides that only the Collier County Board of County
Commissioners is authorized to agree to any extension of the Agreement Term of this Agreement.
c. This Agreement is Contingent upon proof of Loan Commitment/Financial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate and [mancial ability to
construct a minimum 196,000 square foot manufacturing facility. The proof of financial ability shall be in the
form of a loan commitment and/or a letter of credit or an escrowed cash payment for all costs to complete, from
an acceptable [mancial institution. Acceptance of the financial institution shall not be unreasonably withheld by
the Authority. Proof must be provided within ninety (90) days of the Execution Date of this Agreement.
3. Use of Premises. Tenant, its sub-sub-lessees, or assignees shall have use of the Premises only for the construction of a
minimum 196.000 square-foot manufacturing facility. No building or land shall be used except for the manufacturing
of plasticized concrete building products ofT enant, or assignees or sub-sub-lessees approved pursuant to paragraph 11
herein, recognizing that each use and structure must still be properly permitted by Collier County through a Certificate
of Occupancy or occupational license, as the case may be. Moreover, no use and lor occupancy shall disturb the
peaceful enjoyment of any other tenant at the Airport, and all uses and occupancy shall always conform to all then
current (as then revised or superseded) laws, standards, rules, regulations, codes and all other written applicable
policies of every type and description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay rent to the Authority. (The same being the first
rent payment date). The amount of the annual rent shall be ten cents ($0.10) per square foot multiplied by 653.400
square feet, the total area of the sub-leased Premises. The amount being Sixty Five Thousand Three Hundred Forty
Dollars ($65,340) for the first sub-lease year plus Florida sales tax. For each sub-lease year subsequent to the first sub-
lease, the annual rent shall be increased one percent (I %) effective on the anniversary of the Commencement Date
throughout the term of this Agreement. Additionally, the rent shall be increased at the end of the fifth sub-lease year to
the then current Fair Market Value (FMV) (as defined by the Federal Aviation Administration Rules & Regulations)
land lease rate per square foot per year. The rent shall be increased again at the end of the tenth, fifteenth, twentieth,
twenty-fifth, thirtieth, and thirty-fifth anniversaries of the Commencement Date to the then current FMV land lease
rate per square foot per year. These incrementally increased rent payments shall be billed (invoiced) to the Tenant
prior to the end of each such anniversary date.
5. Time Restrictions for Construction of the Initial Development.
a. Construction of a minimum 196.000 square-foot manufacturing facility must be substantially completed (as
customarily defined in American Institute of Architect General Conditions Document AIA 201) on or before
the first day of the 24th month from the date when the Site Development Plan (SDP), as defined in paragraph
12(a), below, is approved by Collier County Community Development and Environmental Services (CDES).
Final completion must not be later than forty-five (45) days after substantial completion.
b. The Authority, through the terms of the Site Development Plan Letter of Understanding, will coordinate and
submit the application for this amendment to the Airport SDP for this Agreement. This amendment to the
SDP approval is subject to other governmental approvals and agency permits, including but not necessarily
limited to, South Florida Water Management District, United States Army Corps of Engineers, and Florida
Department of Environmental Protection. Any approvals and permits that are prerequisite to the Tenant being
eligible to submit an application to Collier County for a building permit(s) that authorize construction of the
above-described manufacturing facility will be addressed through the Authority during the coordination of this
amendment to the SDP.
6. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or
document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or
not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt requested, and
addressed to the parties at their respective addresses, as set forth below. Tenant shall have a continuing obligation to
notifY the Authority's Executive Director, in writing, of each and every change in this address. The Authority shall
also have a continuing obligation to notifY the Tenant in writing of each and every change to its address, if any.
"Notice" is not an amendment to this Agreement and, therefore, is not subject to paragraph 33.
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 6 of 11
Collier County Airport Authority, S..b-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Collier County
Airport Authority
2005 Mainsail Drive, Ste. 1
Naples, FL 34114
C- Tech Manufacturing Florida LLC
4532 Tamiami Trail E, Suite 101
Naples, FL 34112
PART TWO OF TWO PARTS
All of the following paragraphs (7 through 39) are Standard Form paragraphs. Amendments to any of these paragraphs must
be made in paragraph 33. "Special Provisions,"
7. Fees and Charges. Tenant shall pay the following fees and charges:
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred Dollars
and no cents ($500.00), which must be received by the Authority's Executive Director within ten (10) days after
the date this Agreement is approved by the Collier County Board of County Commissioners and executed by its
Chairman and attested to by the Clerk. The Authority's Chairman shall not sign the Agreement until after this
fee has been delivered to the Executive Director.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority: (a)
on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed to
reimburse the Authority; or (b) amounts which the Authority after reasonable advance notice to Tenant elects to
payor incur because of Ten ant's failure, neglect, or refusal to perform or fulfill any of the terms and conditions of
this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same shall be payable
in full along with the payment of all other payments due hereunder within thirty (30) days of the receipt of
Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments shall include
interest, costs (including reasonable attorneys' fees), damages, and penalties that may have been incurred by the
Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at its then current and
correct address.
d. Late Payment Fee. Tenant shall pay a late payment fee of ten percent (10%) of the late Rent, fee and/or other
late payment. If the late payment and late payment fee is not actually received in full by the Authority's
Executive Director within thirty (30) of its due date, the late payment fee shall automatically increase another ten
percent (10%) for each additional thirty (30) days until the Authority's Executive Director receives the full
overdue payment and all late payment fees.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the Tenant
shall be separate and independent covenants and agreements, that the Rent payments to be made by the Tenant
and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be payable in all
events and that the obligations of the Tenant shall continue unaffected, unless the requirement to payor perform
the same shall have been terminated pursuant to an express provision of this Agreement.
f. Due In Advance. All Rent payments shall be due and payable each month in advance, beginning on the
applicable first Rent payment date and continuing regularly on a monthly basis without notice from the Authority
thereafter during the Agreement Term. However, the Authority may elect to invoice payment notices. All
subsequent payments shall be due (paid in advance for each respective month) on the first of each month
thereafter. The Tenant can elect to pay one year's Rent in advance.
g. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months (or Rent
ever being in arrears in the amount of three (3) months) shall be considered a Material Default of this Agreement.
No time to cure default provisions in this Agreement shall apply to late Rent payments.
8. No Refunds. Tenant shall not be entitled to a refund of any Rent, fees or other charges whatsoever, except
overpayments shall be credited to the Rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shall maintain
insurance as outlined in Exhibit "B." Such insurance shall name the Collier County Board of County
Commissioners as an additional insured. This insurance shall have an aggregate limit as required to meet the
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
then existing mandatory requirements of the Collier County Risk Management Department. Tenant shall
maintain coverage of all improvements to the Premises. Such insurance shall always be with a company licensed
and authorized to conduct that insurance business in the State of Florida. The Tenant shall furnish annually to the
Authority on or before the anniversary of the Commencement Date of this Agreement, a certificate or other
approved written evidence and proof of maintenance of the above-required insurances. Tenant shall provide the
Authority with written notice of any change thereof, and furnish to the Authority evidence of acquirement of a
substitute therefore, and payment of the premium thereof. Each such notice must be received by the Authority
not later than ten (10) days after each such change. If the Tenant fails to maintain all such insurance coverage,
then the Authority may obtain same and add all costs thereof to the total cost of such insurance and bill the
Tenant accordingly, this may include monthly or annual billing, determined by the Authority. If the
Authority does so, it shall charge and Tenant shall pay interest thereon at the rate of fifteen percent (15%) per
annum from the time of payment and shall be collected as an additional charge.
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds, construction
insurance and/or all other insurance required by Collier County Risk Management Department, which is set
forth within Exhibit "B." Such proof of construction insurance must be provided to the Authority's
Executive Director prior to commencement of construction.
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnifY and defend Collier County and the
Authority, their elected officials, their unelected officials, employees and agents, in their official and individual
capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged to arise out of,
or indirectly connected any operations of the Tenant under this Agreement, and/or arising out of the presence at
the place of business, or improvements thereto, of any agent, guest, customer, supplier, contractor or
subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the negligence or willful
misconduct of Collier County or the Authority, their elected official, their unelected officials, employees or
agents, in their official and individual capacities. The amounts of insurance maintained by the Tenant shall not
be deemed a limitation on Tenant's agreement to indemnifY Collier County and the Authority. If Collier County
and/or the Authority become liable for any of the same in an amount in excess of the insurance, Tenant shall
indemnifY the Authority for the whole thereof.
10. Rules and Regulations. All activities conducted at the Airport will be done in adherence to the Authority's Airport
Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State, County and local
Laws, Ordinances, Rules and Regulations.
Property Management. The Authority shall be the sole sub-lessor/lessor of Airport property and facilities at the
Airport. No individual or entity shall provide any property management services without being authorized to do so
by appropriate written agreement with the Authority.
11. Permitted Uses.
a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Premises, and/or any
improvements thereto, for any purpose or use other than those expressly and specifically authorized by this
Agreement. Additional uses may be hereafter authorized by the Authority, but only upon such terms and
conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement by
Amendments to this Agreement. See Section 33, Exhibit "E." Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without the
prior expressed written approval of the Authority. Authorization may be denied for any reason in the sole and
absolute discretion of the Authority as long as this judgment is made on a good faith basis. Tenant understands
that a violation of this Section is a Material Default and may be considered by the Authority as a breach of this
Agreement. Tenant shall make no use of the Airport, which in any way interferes with the safe conduct of the
Airport, including any aircraft operation.
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written permission from the
Authority prior to commencing or permitting any commercial use of the Premises not specifically listed or
additional improvements thereto, in accordance with the then current Airport policies, codes, rules, regulations
and/or other standards. The Tenant shall at all times maintain and pay for any required permits, licenses,
insurances, and taxes as then required by law.
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Collier County Airport Authority, Sub-Lessor (Authority)
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c. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of
such covenants, agreements and conditions required by law, and/or by this Agreement, shall and may, peaceably
and quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use shall be free from
molestation, eviction or disturbance by the Authority or any person claiming by, through, or under The Authority,
subject to the terms and conditions of the law or agreement entered into. Such quiet enjoyment is conditional
upon Tenant adhering to the conditions, provisions and terms set forth in this Agreement and without limitation,
all other laws, codes, rules and lor regulations referred to anywhere in this Agreement.
12. Construction and Ownership of Improvements, Liens, Mortgages and Other Encumbrances.
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County for
the development of a taxiway and a lake. This SDP does not identifY any specific Premises or proposed
individual developments beyond the taxiway and lake. An amendment of the SDP specifying the Premises and
the proposed Tenant's improvements must be submitted to and approved by Collier County before Tenant may
begin development. This will require that Tenant prepare and submit to the Authority, in the manner and detail
required by Collier County, information on its proposed development The Authority will use this information to
amend the SDP. Once such requirements have been established, and communicated in writing by the Authority to
Tenant in the Site Development Plan Letter of Understanding (SDP LOU), Tenant's failure to submit such plans
and specifications in the correct fmm or within the time required will be an event of default in this Agreement
allowing Authority to terminate this Agreement without recourse to Tenant. The cost of all licenses and permits
and any applicable impact fees relating to the specific Premises development shall be at Tenant's expense.
b. Site Development Plan Letter of Understanding (SDP LOU). The SDP LOU outlines the submittal
process, performances and procedures as attached in Exhibit "e." By entering into this Agreement, Tenant
agrees to all terms and conditions of the SDP LOU.
c. Construction Approvals. Tenant shall diligently obtain any approvals that are Tenant's responsibility and are
required prerequisite to construction of Tenant's improvements. Tenant shall commence such construction
promptly after the required prerequisite approvals have been obtained, and tenant shall diligently pursue its
construction to final completion. The approvals that Tenant must acquire include Collier County building
permit(s) that authorize the respective improvements to be constructed by Tenant, including Tenant's SDP and
other such permits that are Tenant's responsibility. The following approvals and/or permits will be coordinated
through the Authority: as per the SDP LOU, the SDP and modification of the South Florida Water Management
District permit. All such improvements shall be constructed in strict accordance with the approved Tenant's
plans and specifications (collectively, the Tenant's Plans), prepared under the seal of a duly licensed in Florida
architect or engineer, and all applicable building codes, zoning regulations, and county, state, and federal laws,
ordinances, rules and regulations unless a written waiver or written exemption has been obtained from the
appropriate authority. Within ninety (90) days after completion of construction of Tenant's improvements or any
other improvements, Tenant shall, at its expense, provide the Authority with record drawings showing the "as
built" condition of all such improvements. Tenant hereby warrants and covenants that all improvements now or
hereafter erected on the Premises shall be at all times free and clear of all liens, claims, and encumbrances arising
in connection with the construction of such improvements and hereby agrees to indemnify and hold the Authority
and Collier County harmless from and against any and all losses, damages, and costs, including reasonable
attorneys' fees relating to or arising out of any such lien, claim, or encumbrance. If any lien or notice of lien on
account of the alleged debt of Tenant (or any notice of contract by a party engaged by Tenant or Tenant's
contractor(s) to work on the Premises) shall be filed against the Premises, Tenant's interest therein or in any
improvements, then Tenant shall, within thirty (30) days after notice of the filing thereof, cause the same to be
discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. No
work hereunder shall be commenced until Tenant has, at its sole cost and expense, provided to the Authority
from companies reasonably acceptable to the Authority and Authority's attorney: (1) a surety performance bond
for the benefit of Collier County and the Authority in a form prescribed by the Authority in an amount equal to
the total estimated cost of the work, which performance bond shall guarantee the prompt completion of the work
by Tenant in accordance with the approved Tenant's plans; (2) a surety payment bond for the benefit of Tenant
and in a form prescribed by the Authority and in an amount equal to the total estimated cost of the work, which
bond shall guarantee the payment by Tenant of all contractors and subcontractors, etc. (at every tier) charges and
the charges of all other persons and firms supplying services, labor, materials, or supplies in connection with the
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
work; and (3) a policy of builder's risk insurance issued upon terms acceptable to the Authority. Notwithstanding
the foregoing, the provisions of (1) and (2) above shall not be applicable to work costing less than two hundred
thousand dollars ($200,000.00) for which Tenant has obtained an express written waiver of the bonding
requirements from the Authority in advance of awarding a construction contract for such work.
d. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting the
consent or request of the Authority, express or implied by reference or othelWise, to any architect, engineer,
surveyor, contractor, subcontractor, etc. (at eveI)' tier), laborer, materiahnan, supplier or mechanic for the
performance of any labor or the furnishing of any materials, supplies or services requested by Tenant for or in
connection with the Premises or any part thereof. Notice is hereby given that neither Collier County nor the
Authority shall be liable for any labor or materials, supplies or services furnished or to be furnished to Tenant
upon credit, and that no mechanics or other lien for labor, materials, supplies or services shall attach to or affect
the fee or reversional)' or other estate or interest of the Authority or Collier County in the Premises, or in any
improvements, or in this Agreement. All Persons dealing with the Premises and with Tenant are hereby put on
notice that Tenant does not have the power to deal with the Premises in such a manner as to authorize the creation
of mechanics liens, by implication or othelwise and all Persons making improvements to the Premises, either by
doing work or labor or services or by supplying materials or supplies thereto, at the request of Tenant or Persons
dealing by, through or under Tenant, are hereby put on notice that they must look solely to Tenant and not to the
Premises or any part thereof or to any improvements, or to this Agreement for the payment of any services, labor,
matelials or supplies performed upon or delivered to the Premises. "Persons" refers to individuals and all
entities.
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the performance,
commencement, or completion of any of the work to be performed by such party under this Section 12 if such
failure to perfOlTIl, commence, or complete any or all of such work is due to circumstances beyond its control,
such as, and not limited to, a strike, lockout, labor dispute, shortages of materials, supplies or labor, fire or other
casualty, litigation or governmental action or inaction, or delay or acts of war, including acts of terrorism, For
pWlJoses of this Section the acts of a third party shall not be deemed to be within the control of Authority, Collier
County or Tenant unless Authority, Collier County or Tenant, respectively, authorized such acts.
f. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fixtures and other
lawfully present personal property on the Premises, all of which shall be and remain the property of Tenant and
may be removed at any time during the term hereof and within thirty (30) days after expiration or earlier
termination of the term hereof; provided, however, that, absent written approval to remove from the Authority,
Tenant shall not remove any such item while in default of Agreement. Tenant shall, at its own cost and expense,
repair any damage to the Premises caused by such removal in a manner reasonably acceptable to the Authority.
Failure to remove trade fixtures or other personal property as provided herein shall not constitute a holdover by
Tenant, but all such property not removed within the time specified above shall be deemed to have been
abandoned by Tenant, in which case, the Authority may either use or dispose of the same as it shall see fit
without any liability to Tenant therefore or may remove and store the same at Tenant's expense. The terms trade
fixtures and other personal property shall not include (1) any item hereafter installed or erected thereon by the
AuthOlity or at its expense or (2) any item affixed to the Premises or to any improvement which cannot be
removed without material injul)' to the Premises or to any improvement, whether or not installed by and at
Tenant's expense.
g. Removal of Tenant's Property in the Event of a Default. If upon the expiration of the Lease Term hereof or
earlier termination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its option, give
notice to Tenant that Tenant may, within fifteen (15) days after the date such notice is given, remove its trade
fixtures and other personal property, provided that such removal will not result in matelial injul)' to the Premises
or any improvement, and that Tenant shall at its expense repair any damage to the Premises and/or to any
improvement caused by such removal in a manner acceptable to the Authority. In such event, any trade fixtures
or other personal property not so removed within such time period shall be deemed to have been abandoned by
Tenant, in which case the Authority may either use or dispose of the same as it shall see fit without any liability
to Tenant therefore or may remove and store the same at Tenant's expense.
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h. Title to Improvements, Title to both the Authority's Improvements and to such of the Tenant's improvements
that are not trade fIxtures or other personal property shall be and vest in the Authority upon the expiration or early
termination of this Agreement. Tenant hereby covenants to promptly execute and deliver to Authority any and
all instruments or documents that Authority reasonably requests to effectively transfer, assign, and otherwise
convey full title to such Improvements in fee to Authority.
i. Tenant's Improvements. Tenant will at its own expense, in the time prescribed in paragraph 9, page 3 of this
Agreement, make all of Tenant's improvements listed on Exhibit "D" hereto. Tenant must complete building
according to approved plans and specification. Tenant has committed in Tenant's proposal to construct Tenant's
promised improvements. Tenant's development dates can be extended in writing by the Authority's Executive
Director provided Tenant's written request for each requested extension proves that the extension would not be
necessary but for the authority's failure to act promptly or other breach of a clear duty or clear responsibility of
the Authority owed to Tenant.
j. Authority Approval Required. Tenant shall submit the Tenant's Plans to the Executive Director for approval
by the Authority. No construction of any type shall commence prior to Tenant's receipt of: (1) the Authority's
written approval of the Tenant's Plans, which approval shall not be unreasonably withheld or unreasonably
delayed and (2) a "Notice to Proceed" from the Authority's Executive Director.
k. Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or other
encumbrances (except mortgages(s)) placed upon the Premises due to actions and lor inactions of Tenant, or
through Tenant, shall by Tenant, be completely and absolutely removed as soon as possible: and in all events no
mortgage, lien or any other encumbrance shall be upon this Agreement or upon any improvement at the end of
the Agreement Term of this Agreement. An "encumbrance" is anything that results in Collier County receiving
anything less than complete marketable title to all improvements and lor anything less than a total and complete
unencumbered return of the Premises to the Authority.
1. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and approval. A
copy of which shall be submitted to the Authority upon submittal to the FAA and no later than ninety (90) days
after the Execution Date of this Agreement. A copy of the response or determination from the FAA shall be
provided to the Authority no later than ten (10) days after Tenant's receipt from the FAA. The Tenant is required
to construct improvements on the Premises in accordance with all applicable Federal, State of Florida, Collier
County and local codes, permits, rules, and regulations. Tenant shall begin such process with no less than proof
to the Authority of submission of a building permit application to Collier County not later than sixty (60) days
following approval of the Site Development Plan by Collier County.
DL Collier County Codes Apply. Tenant must meet ColJier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County and/or
the Authority, shall pave all access from the Premises, andlor any and all improvements thereto, to roads, and
such construction shall match the existing grade. The pavement shall be within Tenant's access easement(s) for
ingress and egress to the Premises.
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not constitute
the assumption of any liability by the AUthOlity for the compliance or conformity of the Tenant's Plans with
applicable building codes, zoning regulations, or county, state, and federal laws, ordinances, and regulations, nor
for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely responsible for Tenant's
Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the Authority's right
thereafter to require Tenant, at Tenant's expense, to amend the same so that they comply with applicable
building codes, zoning regulations, county, state, or federal laws, ordinances, or regulations, and to make such
construction changes as are necessary so that the completed work is in confOlmity with the Tenant's Plans as
amended. In the event the Authority refuses to approve Tenant's Plans, the Authority shall notify Tenant of the
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
changes required to be made, and Tenant may revise Tenant's Plans to incorporate the required changes and then
resubmit revised Tenant's Plans to the Authority for approval. The Authority shaIl attempt to reply in writing to
Tenant's submitted Plans within forty-five (45) days after Authority's receipt of the submitted Plans, regarding
Authority's approval, approval subject to required changes, or other response to Tenant regarding Tenant's
submitted Plans. Tenant shall always be granted a reasonable time to make the required amendments or
otherwise comply with the Authority's respective written response to Tenant.
o. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental permitting and/or any other permitting, permission or other authorization that is not completed to
the desires of Tenant for any reason whatsoever, including and not limited to fmancial restraint(s), management,
seen and/or unforeseen obstructions and/or delays, and/or any natural disasterCs) and/or any other circumstances
whether or not under the control of Collier County and/or the Authority, and/or any now existing, new, amended
and/or superseding Florida law(s)and/or Federal law(s), State of Florida and/or Federal mandates, rules,
regulations related directly or indirectly to any and all such permitting, mitigation or any other reason that does or
may impede and/or delay Tenant from fulfilling its obligation under this Agreement.
p. Additional Improvements Constructed During the Agreement Term. Tenant may be authorized by the
Authority in writing by paragraph 33. "Special Provisions" to construct additional improvements or
modifications during the Agreement term, adhering to the requirements of those codes, rules and regulations then
in effect and applicable to the Authority.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Tenant Shall Maintain. Tenant shall maintain, at no cost or expense to the County or the Authority, the
Premises and any improvements, fIXtures and equipment on the Premises in a safe, sanitary, orderly, and sightly
manner, in accordance with all applicable laws, codes rules and regulations. Tenant shaIl also maintain the
cleanliness of all paved area on the Premises, and shall be responsible for mowing all grass, watering grass,
controlling weeds, and maintaining shrubs and trees, etc., on the Premises.
b. Condition of Premises. No Representations or Warranties. The Tenant has inspected the Premises and
agrees that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly set
forth in this Agreement, Authority has made no representations or warranties relating to the suitability of the
Premises for any use. The Authority shall have no obligation whatsoever to repair, maintain, renovate, or
otherwise incur any cost or expense with respect to the Premises or any of the Authority's Improvements,
furnishings or equipment now or hereafter constructed, installed, or used on the Premises. The Authority and
CoIlier County shall have no liability under this Agreement to Tenant or otherwise arising out of any defect or
deficiency in the Premises or any of Authority's Improvements.
c. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion is present,
Tenant, at no cost or expense to Collier County or the Authority, must promptly cany out erosion control
practices to mitigate the erosion. These practices include, but are not limited to, drainage facilities constructed
and maintained by Tenant, landscaping, and/or seeding and maintaining of vegetation on Tenant's Premises.
Tenant is responsible for erosion of Tenant's site only, unless some unauthorized, un-pelmitted Premises
alteration results in erosion onto any neighboring site or land. "Neighboring" is not limited to "adjacent" site or
land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by fire or
any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such destruction and/or
damage, and shall be completed within nine (9) months thereafter, if reasonably possible. Such restoration shall
be to substantiaIly the same condition in which the Premises and/or improvements thereto was before such
destruction and/or damage. In the event that Tenant has not commenced repairs within six (6) months from the
date of said damage and thereafter completed such repairs within nine (9) months or a reasonable time thereafter
when conditions permit or allow, this Agreement may be terminated by the Authority or Collier County upon
ninety (90) days actual advance written notice of Intent to Terminate provided by the Authority to the Tenant.
Tenant shall have fourteen (14) days after receipt of same to deliver Tenant's written response to the Authority. If
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
a complete, comprehensive and adequate written response is not delivered to the Authority within fourteen (14)
days, or if response is not deemed to be acceptable to the Authority, then such termination shall be made effective
by delivering a Final Termination Notice to Tenant, which shall be effective fourteen (14) days after the date of
receipt by Tenant of such Final Termination Notice. Total repair of damage by Tenant may be waived in writing
by the Authority if Tenant and Authority agree that total repair is not economically feasible under the
circumstances. The Parties may also agree to Tenant's partial repairs of the destruction and/or damage.
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements thereto is
completely destroyed or so badly damaged that repairs cannot be commenced within six (6) months and
completed within nine (9) months thereafter, then this Agreement may be terminated. Tenant shall provide to the
Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to rebuild together with
statements from all insurance companies involved, in which event if the Authority agrees to Tenant's planned
rebuilding, Tenant shall be granted reasonable periods oftime needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for the
conduct of Tenant's authorized activities are available on the Airport. However, Tenant shall obtain and install
underground at no cost or expense to Collier County or the Authority, all electrical, gas, water, sewer and any
other utility service needed to connect to and to receive Collier County's respective available utility service,
subject to the then cun-ent development guidelines, rules and regulations and/or building code of the State of
Florida and/or Collier County and/or the Authority.
g. Compliance with Environmental Laws. Tenant shall promptly notify the Authority of the release of any
hazardous substances on the Premises or other act or omission that results in the environmental contamination of
the Premises. Tenant shall comply with all applicable Environmental Laws pertaining to the protection of the
environment, including but not limited to those regulating the possession, storage, handling, and disposal of
Hazardous Materials. Further, neither Tenant nor any agent or party acting at the direction or with the consent of
Tenant shall possess, use, transport, treat, store, or dispose of any hazardous substance as defmed in Section
101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
from time to time (CERCLA), or petroleum (including crude oil or any fraction thereof) on any part of the
Premises or the Airport; provided however, that this sentence shall not prohibit Tenant from storing, dispensing,
or using Hazardous Materials on the Premises if such activities are conducted in accordance with all applicable
laws and regulations. Tenant shall not install any petroleum storage tanks on the Premises or the Airport without
the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to
regulation by the EP A, or by Florida Department of Environmental Protection, or by any other governmental
Authority shall be stored or disposed of on the Airport except in accordance with then applicable Federal,
State and local laws, codes, rules and Regulations.
i. Environmental Assessment and Remediation. The costs of remediation of any and all environmental damage
or pollution then required by any law, code, rule and/or regulation shall be the sole responsibility of the Tenant,
including any or all such damage and/or pollution, if any, that existed. prior to the execution of this Agreement if
this Agreement is not terminated for pollution related reasons as specified in this sub-paragraph.. The Authority
may for good cause require that Tenant furnish to the Authority (or to any other governmental authority or
agency) a Phase I Environmental Assessment Report or other substantially similar repOlt regarding the Premises,
in accordance with the laws, codes, rules and regulations in effect at that time. Neither Collier County nor the
Authority makes any promises, warranties or representations regarding any such now existing damage or
pollution except that neither Collier County nor the Authority is aware of any such now existing damage and/or
pollution. The Authority recommends that the Tenant have a Phase I Environmental Assessment conducted
because neither Collier County nor the Authority shall have any responsibility with regard to now existing
ground poIlution at the Premises, if any, and the Tenant hereby assumes all of those risks. If the Assessment
should show that it would not be advisable that Tenant make improvement to the Premises, that Report can be
grounds that the parties mutually agree to telminate this Agreement due to such pollution, or may be a basis for
the patties to mutually agree to try to resolve such pollution problems whereby Tenant can reasonably proceed to
make improvements to the Premises.
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j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval by
means of Collier County Sign Permit(s). The Tenant shaIl be responsible for all cost and expense of
installing, maintaining and repairing all such signs. Tenant shall not install, erect, paint or maintain any
temporary signs or advertising displays, such as banners, balloons, flashing signboards, and/or any similar
visual devices whatsoever, except to the extent that such are then authorized by Collier County Code and are
also approved in writing by the Authority's Executive Director.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults except default in prompt,
full payment of Rent and/or all fees. If the Tenant fails to correct the default(s) as specified by the Authority's
notice within the specified period, the Authority may, at its option, terminate this Agreement with at least thirty
(30) days advance written notice to Tenant from the Authority of such telmination. Upon such termination,
without further notice or demand, the Authority may enter upon and into the Premises, and lor any and all
improvements thereto, or any part thereof, and take absolute and sole possession of the same fully and absolutely,
and such re-entry shall not be deemed judged or otherwise considered to be any trespass, unlawful entry or
unlawful access whatsoever. In addition, the Authority may also require all operations and or activities at the
Premises to cease and all removable items be removed from the Airport.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license
fees and permit fees of whatever nature applicable to its operation levied or assessed against the Allport, or
improvements thereto. Tenant shall take out and keep current all licenses, permits, and certificates (City, County,
State and Federal) required for the conduct of its activities at and upon the Airport, and further agrees not to
permit any of said taxes, excise or license fees to knowingly become delinquent.
b. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State and
Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, and/or operations thereon. Such compliance shall be with any laws,
regulations, IUles, ordinances or requirements, which have been or may be enacted or promulgated dUling the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of the
same as specified in the respective law, regulation, IUle, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those necessary
and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the Airport and
or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction, and/or designation
of specific procedures applicable to any or all Airport operations whenever the Authority or its designees, or any
other governmental authority or agency (such as the FAA) may impose any of the same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance with
this Agreement, All of the same shall be void ab initio absent prior express written consent of the Authority, which
consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in the Rent up
to the then existing fair market value, and may require other conditions or covenants before consenting to any of the
same. Such additional Rent, conditions or covenants shall be in accord with the terms and conditions for similar
agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased, or otherwise
transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all successors and/or
assigns, unless specifically authorized in writing by the Authority. No novation shall be authorized unless expressly
approved by the Authority and Tenant shall have a heavy burden proving actual necessity for any partial or whole
novation.
16. Default and Termination.
a. Defmition. If the Authority determines the Tenant is in violation of any of the terms, conditions or covenants of
this Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be
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considered a material default of this Agreement Each Material Default grants to the non-defaulting party
sufficient cause to terminate this Agreement.
b. Written Notice Required. The Authority' Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant has informed the Authority in writing of Tenant's correct mailing
address. The written notice shall always grant Tenant a reasonable time to cure the default(s), and Tenant may
request additional time to cure, which will not be unreasonably withheld or denied. Notice shall be deemed to
have been actually received by Tenant if (1) the Executive Director mails such notice to the Tenant's last known
mailing address irrespective of whether Tenant actually receives such notice, or (2) such notice is posted on the
Premises. This notice provision does not apply to any late payment of a Rent, fee and/or charge unless the same
is a new fee or charge that was not theretofore known to Tenant. Every such notice shall be deemed to be
continuing notice. This subparagraph is in addition to paragraph 29.
c. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to being
corrected and if the Tenant initiates curative action within that period and diligently pursues it until the Tenant
corrects the failure within a reasonable period of time. This notice provision does not apply to any late payment
of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant.
Every such notice shall be deemed to be a continuing notice. This subparagraph is in addition to paragraph 29.
d. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the
specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written notice
to terminate. Upon such termination, without further notice or demand, the Authority may enter upon and into
the Premises, and lor any and all improvements thereto, or any part thereof, and take absolute possession of the
same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airport.
e. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of
any subsequent default irrespective of how long the default may have existed.
f. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and if this Agreement is terminated due to default by Tenant.
17. Airport Development. Collier County and the Authority reserve the right to further develop the Airport as it sees fit,
without unreasonable intelference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport by Collier County or the
Authority actually necessitates the partial relocation, partial removal or partial alteration of Tenant's
improvements, operations or activities from the Premises, Collier County may amend this Agreement or, if
necessary, terminate this Agreement and negotiate in good faith with Tenant to accommodate Tenant's desires
regarding another then existing and available suitable premises ("other site") at the Airport. To the greatest extent
commercially practicable, Collier County and the Authority will use their best efforts to avoid or reduce any and
all such necessity. Tenant shall be granted full or partial abatement of rent to the extent Tenant's activities are
harmed by such development. A taking by the Federal Government or by any Agency thereof, or a taking by the
State of Florida or any Agency thereof, and/or a taking by any other entity shall be controlled by the laws, rules
and regulations then applicable to that taking, including the required notices, service of process, procedures,
valuing the monetary amount of the taking and the amount of compensation due and payable to Tenant and to
others haImed by that taking.
b. Notice of Partial or Total Taking. In the event of any taking by Collier County or by the Authority of the areas
authorized for use by this Agreement, the Authority will provide Tenant with notice as soon as possible -
minimum of ninety (90) days notice - of such in1pending action. In the event of such a taking, Tenant's obligation
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to pay Rent and other charges shall terminate on the date of the taking. In the event of a partial taking, Tenant
shall not be required to pay rent for any of the square footage taken.
c. Actions in the Event of a Total or Partial Taking by the County or by the Authority. In the case of a total or
partial taking by the County or the Authority, the value of this lease-hold estate shall be deemed to be zero dollars
($0.00). The then CUlrent Fair Market Value ("FMV") of Tenant's Building(s), structure(s) and/or Tenant's other
long-term capital improvements to the sub-leased premises shall be determined by two (2) concurrent and
independent appraisals (one retained and paid for by party doing the taking (Collier County or the Authority) and
the other appraiser being retained and paid for by Tenant. To the greatest extent then allowed by law, Tenant shall
be paid the average of those two (2) appraisals provided the two (2) appraised values are within twenty percent
(20%) of each other. If not, a third appraisal shall be acquired and the costs of the third appraisal shall be shared
equaIly by the Authority and Tenant. If a third appraisal is acquired, that appraised value shaIl control the FMV
provided that appraised value does not exceed the highest appraised value of the other two (2) appraisals. It the
third appraisal exceeds the highest of the other two appraisals, the controlling value shall be the average of the
three (3) appraisals. Tenant will have the option of being paid the resulting averaged FMV or, in the alternative,
to sub-lease a substantially similar then existing and available facility, if any, at another site that is suitable for
Tenant's activities at the Airport. At such other site, Tenant shall pay ground rent at the then applicable land lease
rental rate, but shall not be required to pay rent on the improvements thereon during the number of months (term
of years) then remaining in this sub-lease Agreement.
d. Partial Taking. It is impossible to envision how a partial taking (or partial takings) might affect Tenant's
ability to legally or economically continue thereafter to conduct its activities at the sub-leased premises for
the then remaining term of years of this Agreement. In the event of a paltial taking by Collier County or by
the Authority, Collier County and/or the Authority shall pay Tenant the monetary amount of the then
existing appraised fair market value ("FMV") of Tenant's building(s), structure(s) and Tenant's other long-
term capital improvements to the sub-leased premises, as affected by the then remaining term of years of this
Agreement, if any. If a taking by Collier County and/or the Authority causes Tenant to permanently cease
conducting its business at the sub-leased premises as a matter of non-compliance with any then applicable
law, ordinance, rule and/or regulation, or as a matter of economic infeasibility, and irrespective of the
percentage of square footage of the sub-leased land taken, and/or irrespective of the percentage of Tenant's
building(s), structure(s) and/or Tenant's other long-term capital improvements taken, such taking shall be
deemed to be a total taking of such improvements. For example, if a taking of less than all of Tenant's then
required parking spaces results that Tenant cannot thereafter lawfully continue its activities at the sub-leased
premises, or such taking makes it economically infeasible for Tenant to continue its activities at the sub-lease
premises, such taking shall be deemed to be a total taking of such improvements.
18. Amendments to this Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed or
amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision,
which shall remain in full force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above the
surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations, together
with the right to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and mineral
rights in and under the surface of the Airport. However, the AUthOIity shall not conduct any operations on the surface
of the Airport for the exploration, development or recovery of the rights and substances reserved which would
unreasonably interfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing rights to
have access to other parts of the Airport.
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing Iight-of-ways and/or easements of record and all
other easements granted by the Authority or Collier County to any other agreements or to other individuals and/or
entities at the Airport, and to easements retained by Collier County.
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b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and lor authorized activities of Tenant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open and unobstructed.
A perpetual easement and Iight-of-way for the construction, maintenance, removal and replacement of any and
all utility lines, manholes, and related facilities through, over, across and under the Airport is hereby reserved for
the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from
time-to-time relocate, in whole or in part, any easement serving the Airport, provided that such relocation does
not diminish or permanently intenupt the rights or operations of the Tenant nor increase the costs to be incurred
by Tenant. The Authority may temporarily intenupt operations and/or activities with respect to such Easements
during the period of relocation, and the Authority agrees to restore the Airport to a condition substantially similar
to the condition existing prior to any alterations thereto by the Authority. No such intenuptions shall be of a
greater duration than is reasonable under the circumstances.
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in the
judgment ofthe Authority, may be reasonably necessary to establish and protect aerial approaches to the Airport
against obstruction, including the right to prevent persons from erecting or permitting to be erected any
improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law, including
Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all then existing,
applicable Federal laws, rules and regulations.
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant has
the right of free access, ingress to and egress from those parts of the Airport authorized for the Tenant's use by this
Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of materials
and furnishings of services and its equipment, vehicles, and machinery. The Authority may, at any time, temporarily
or permanently close or consent to the closing of any roadway or other right-of-way for such access, ingress, and any
other area at the Airport or in its environs presently or hereafter used as such. In such a case, a means of access,
ingress and egress reasonably equivalent to that formerly provided may be substituted and concurrently made available
subject to the Airports security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor any other individual or
entity shall have no claims whatsoever against the Authority or Collier County for any damages incurred by Tenant or
any other individual and/or entity arising or occasioned by Tenant's inability to access or use the Premises or any of
Tenant's improvements thereon, for whatever reason, provided such inability to access or use of any partes) of the sub-
leased premises and/or any improvement(s) thereon would not then exist but for wholly unjustified action or whoIly
unjustified inaction of the Authority. Tenant agrees that its sole remedy against the Authority for loss of use of the
Premises and Tenant's improvements, regardless of the reason for such loss of use or the duration thereof, shall be an
abatement of the Rent due hereunder, or cancellation of the term of this Agreement and reimbursement for the original
costs depreciated of the improvements as determined by an independent appraiser. If such inability to access or use the
Premises or Tenant's improvements thereon was the fault of the Authority, as stated hereinabove, and such period
exceeds thirty (30) days, the parties agree that the Term of this Agreement shall be extended by the number of days
that Tenant was unable to access or use the Premises or Tenant's improvements.
26. Authority's Right to Enter. The Authority, its officers, agents and representatives, subject to any security regulations
imposed by any governmental autllOrity, shall have the right to enter all parts of the Premises at reasonable hours when
Tenant or Tenant's representative is present, to inspect the same when reasonably required and as it may deem
necessary or desirable.
27. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request by
the Authority any report or reports and/or information regarding Tenant's operations and/or activities at the Airport.
The Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems appropriate for the
purpose of keeping the Authority informed of any operational problems and of any suggested improvements at the
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Airport. "Report" or "information" refers to documents, papers, plans, etc. that are in the possession of Tenant or
possession of which is reasonably obtainable by Tenant. This provision does not require Tenant to write or compose
any such Report or information.
28. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by security gate, uniform
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ramp areas on the Airport.
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attorney's fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees and
costs, expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each party shall
be responsible for all of its costs and fees.
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards, Agencies, or
Commissions relative to the ownership, operation or maintenance of the Airport. However unless the Authority has no
discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably interfere with the
authorized operations and/or authorized activities of Tenant. The burdens of proof and persuasion shall be on the
Tenant.
31. Termination of Agreement. At the conclusion of the Agreement's Term, the facility and any improvements to the
Premises automatically becomes the property of Collier County upon such termination, and without further notice or
demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or any part
thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be deemed to
constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all associated and
permitted operations to cease and be removed from the Premises. This paragraph shall not apply to Tenant's trade
fIXtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant without physical
damage to the Premises, building and/or structure, and each item is removed from the Premises prior to a scheduled
Termination date of this Agreement. If the Termination date of this Agreement is not scheduled (not known to Tenant
unless and until Tenant receives written Notice of the Termination date from the Authority's Executive director),
Tenant shall have thirty (30) days to remove the items after the date of Tenant's receipt of such Notice.
32. Event of Holding Over. Holding over constitutes an Extension of the Term of this Agreement. In the event the
Authority approves in writing any holding over by the Tenant, all provisions of this Agreement shall remain in full
force and effect and the Tenant shall continue to pay all an10unts required to be paid by it to the Authority in
accordance with the terms and conditions applicable herein together with a fair market rental on any improvements
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the tenancy
at will is terminated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None,"
specify "NONE".) All amendments to this Agreement and/or any other Exhibit shall be depicted on the applicable
Revised Exhibit "E," including text of each amendment and the effective date. If the amendment amends text that
then exists in this Agreement (or in another Exhibit) it shaIl be depicted by strike-thru and underline format. If the
amendment only inserts new text into this Agreement (or into another Exhibit), the amendment shall clearly
specify all added text. The purpose of these Exhibits "E" is to facilitate understanding how this Agreement differs
from the Authority's Part Two Standard Form Sub-lease as of the Execution Date. The purpose of Revised
Exhibits "E" is to make a comprehensive and cumulative history of all amendments to this Agreement. Each party
to each Revised Exhibit "E" must affIX his/her initials and date of affixing initials to each page of each Revised
Exhibit E.
34. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement shall
be conducted in the applicable Florida Court(s) in Collier County to the greatest extent the issues are within the
Court's jurisdiction.
(Tenant's Initials)
Y:llmmokalee Regional Airport\Leases\C-Tech\C-Tech lease - master copy 11-28-06.doc
Page 14
I. ,I ........
I k I R . lAi t '::1 ,~~ ",v'" 'U. IV' 2
mmo a ee eglOna rpor December 12, 20 6
TradePortManufacturing License and Sub-Lease Agreement - October 200()page 18 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any party.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement.
38. Time is of the Essence. Throughout this Agreement, time is always of the essence.
39. Exhibits. Exhibits A, B, C, D, and E attached and made part of this Agreement:
A. EXHIBIT "A" LEGAL DESCRIPTION OF PREMISES.
B. EXHIBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS
C. EXHIBIT "C" SITE DEVELOPMENT PLAN LETTER OF UNDERSTANDING (SDP LOU)
D. EXHIBIT I'D" TENANT'S PROPOSED IMPROVEMENTS
E. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS)
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this Agreement to be in
effect as of the date first written below.
Executed on this date
Approved by Purchasing by
this _ day of
,-'
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
APPROVED BY:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form and Legal sufficiency:
Page 15
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\C- Tech\C- Tech lease - master copy 11-28-06.doc
~ ." 2
ImmokaleeRegional Airport ';:1 Decem-b~r 12, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 19 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
By:
Thomas C. Palmer, Assistant County Attorney
ATTEST: TWO WITNESSES
C-TECH MANUFACTURING FLORIDA LLC
FIRST WITNESS
By:
Ralph Carter, President
Print Name
(Corporate Seal)
SECOND WITNESS
Print Name
(Tenant's Initials)
Y:\lmmokalee Regional Airport\LeasesIC-TechIC_ Tech lease - master copy 11-28-06.doc
Page 16
. Jmmolcilee Regional. Airport. December 12. 20 ~
TradePort :Manufacturing License and Sub-Lease Agreement -October 200()page 20 of 1
Collier County Airport AuthoritY, Sub-Lessor (Authority) . .
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 653,400 square feet of land.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the AuthOIity.
Page 17
(Tenant's Initials)
Y:\Immokalee Regional AirportlLeases\C- Tech\C- Tech lease - master copy 11-28-06.doc
... I ~~~
Jmmokalee Regional Airport -oJ December 12, 2'0'06
TradePort Manufacturing License and Sub-Lease Agreement- October 200fage 21 of 31
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Exhibit "A"
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The depicted Bonndnry Arca represents the approximate shape and extents of 0 proposed Lease Area
containing a lOtal of J 5.0 acres aflnnd.
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Each Lease Corner is denolt:d with a North and East courdinate value representing the North and
East State Plane Coordinate (SPC) value, Floridu Ea.! Zone (0901). based on the North American
Datum or 1983 (NAD R3) and is tied intn NOS Primary Airport Control Stations (PAC:S)
IMMOPORT lII1d IMMOPORT AZ[MUTH MARK huviag the SPC values as follows:
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IMMOKALEE REGIONAL AIRPORT
Immokalee, Florida
URS
EXHIBIT "A"
PRELIMINARY SITE PLAN
C- TECH LEASE AREA
6
(Tenant's Initials)
C:\AdLib eXp,'essll nput\Agenda.BCCAGENDA.291 03.doc
Page 17
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mmo a ee .' eglOna rpor December 12 20 6
TradePort Manufacturing License and~ub-Lease Agreement - October 2006Page 22 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
Page 18
(Tenant's Initials)
c: \AdLib eXpress\Input\Agenda.BCCAGENDA.29103.doc
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Jmmokalee RegIonal Airport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 23 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
#dr:."~.
t 'W'~
EXIHBIT "B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Reouirements
X Employer's Liability $500,000 X $1,000,000
X Commercial General $500,000 per occurrence X $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaqe damage
X Property Insurance X Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will .
be accentable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
(Tenant's Initials)
C:\AdLib eXpress\I nput\Agenda.BCCAG END A.291 03 .doc
Page 19
. .. ... .. ..... . ....;:,. I .~_ : ~'-'I : ~v. ..~. ~ 2
Jmmokalee RegIonal Airport December 12, 2006
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 24 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT
LETTER OF UNDERSTANDING (SDP LOU)
Page 20
(Tenant's Initials)
Y:\Immol<alee Regional Airport\Leases\C- Tech\C- Tech lease - master copy 11-28-06.doc
.. ^ :~vllr ....V~ ..~ 2
Immokalee RegIOnal Airport ''''December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 25 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN C-TECH MANUFACTURING FLORIDA, LLC
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 196,000 SQUARE FOOT
MANUFACTURING FACILITY DEVELOPMENT AT THE IMMOKALEE
REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, define, and
establish mutual agreements, understandings and obligations by and between the Collier County
Airport Authority ("Authority") and C- Tech Manufacturing Florida, LLC for the coordination,
submittal, review and response of the Site Development Plan ("SDP") process for a 196,000 square
foot manufacturing facility at the Immokalee Regional Airport/Tradeport ("Airport").
C- TECH MANUFACTURING FLORIDA. LLC submitted a response to a Request for Proposal
for development at the Airport to sub-lease approximately fifteen (15) acres of land at the Airport
and to develop thereon a 196,000 square foot manufacturing facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida, 34114. The Authority is charged with the operation and maintenance ofthe Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit to the Authority two (2) copies of the dimensions; height and footprint
for the proposed 196,000 square foot facility, within thirty (30) days of this LOU.
3. Tenant shall coordinate all SDPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS, whose contact information is as follows:
Andres Guitierrez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres _gutierrez@urscorp.com
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced sub-leasehold Premises. Tenant will reimburse the
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\C-Tech\C-Tcch lease - master copy 11-28-06.doc
Page 21
A IL.....~ 2
Immokaleell.egional Airport '''December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 1
Collier County Airport Authority~ Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a
not to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty
(30) days of the receipt of the dimensions; height and footprint for the proposed 196,000
square foot facility.
6. Tenant shall submit a complete SDP application package to include plans and specifications
in the form required by the Collier County Community Development and Environmental
Services Department (CDES) with the required number of copies to the Authority and/or the
Authority's designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer has agreed to apply to the South
Florida Water Management District ("SFWMD") for a modification to the Authority's
SFWMD permit #11-00999-S dated April 19, 2005, for the proposed development at the
Airport within thirty (30) days of the receipt of the SDP from the Tenant.
8. All other required submittals for the SDP process shall be submitted within the required
timelines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review ofthe amended SDP submitted to CDES all comments must be
addressed by the Tenant within ten (l0) days of the first (1 st) review response and returned
to the Authority and/or the Authority's designated Engineer for resubmittal. Any comments
not completely addressed within the ten (10) days by the Tenant will be cause for Tenant's
project to be removed from the SDP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional
comments, all comments must be returned to the Authority and/or the Authority's
designated Engineer within ten (10) days ofthe second (2nd) review response and returned to
the Authority and/or the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time
required Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairman
C- TECH MANUFACTURING FLORIDA, LLC
Date:
Page 22
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leascs\C-Tech\C- Tech lease - master copy 11-28-06.doc
. . :~v .v. :' 2
Immokalee RegIonal Airport December 12, 20 ~6
TradePort Manufacturing License and Sub-Lease Agreement - October 200()page 27 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Ralph Carter, President
Approved as to fonn and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
Page 23
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Leases\C-Tech\C-Tech lease - master copy 11-28-06.doc
^ h' A~ 2
Immokalee Regional Airport '::>'Dece~be~ 12, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement -October 2006Page 28 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
Page 24
(Tenant's Initials)
Y :\Immokalee Regional Airport\Leases\C- Tech\C- Tech lease - master copy 11-28-06.doc
^ ". '- . ~.
Immokalee Regional Airport .'" O;;ember 12 2'0 ~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 29 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "0"_= Tenant's Proposed Improvements
-.
C- TECH MANUF ACTURlNG FLORIDA, .LLC
4532 TAMIAl\1I TRAIL E., SUITE 101
NAPLES, FL 34112
239825 0735 239 595 1584
MARKET ANALYSIS & BUSfNESS PLAN
The Company has not done a formal analysis to determine the need for our product
because one of its primary goals is to meet the demand for "Affordable Housing". Our
Factory ",,<ill be 280' x 700' or 196,000 square feet, located on a parcel ofland of
approximately 15 acres. See attached front elevation plan and site plan. It will have two
production lines set up to manufacture the various products, depending upon demand.
One line will concentrate on building homes to meet the needs under affordable housing
guidelines and the other line will be used to back up the fIrst but also will build custom
designed homes, Commercial and Industrial Buildings, single story or multi story, and
with many other applications being considered. Even though we have tried to maintain a
low profile, our people have been offered tracts of land in Florida and several other states
at no cost in order to assist in providing affordable housing. Most every elected official
and business person in our area realizes the need for affordable housing and are having
difficulty fmding applicants for job opportunities due to our high cost of housing in this
area.
Our financial projections are under the assumption there is more demand for low cost
housing than our factory will be able to handle, even though we expect to produce up to
15 "typical" homes daily, a 3 bedroom 2 bath home with about 1670 SF ofliving area
plus a double garage. During our first year of production, we project delivery of 150
homes the first month and 300 homes monthly thereafter. These homes will meet or
exceed the requirements of the South Florida Building Code and can be delivered to
home site within 30 days of order. Our products will be sold for about 65% of the cost of
building a similar size home at the site. They will be available only thru approved
General Contractors to insure that our standards and specifications are met.
The Company will provide approximately 200 new well paying jobs at competitive
wages & benefits in an air conditioned plant with no environmental hazards and ecology
friendly, since there will be only a small amount of wood products in the homes. I am
enclosing a booklet prepared by Rheaume Family Foundation, LLC and C- Tech
Manufacturing Worldwide, LLC, which describes in detail the actual construction
method to be used in the Factory. The Factory will be constructed by using this method
and we expect to complete it within 180 days after starting.
\\ \.
Page 25
(Tenant's Initials)
Y:IImmokalee Regional AirportlLeascs\C- Tech\C- Tech lease - master copy 11-28-06.doc
. . A~'
Immokalee. Regional Airport -Q Dece~ber'12, 20 ~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 30 of 1
Collier County Airport Authori~y, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Exhibit "0" - Tenant's Proposed Improvements (Continued)
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Immokalee Regional Airport -oJ December 12, 2'0 ~
TradePort Manufacturing License and Sub-Lease Agreement - October 200()page 31 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard
form provisions. They are: NONE
[If "None" state "None."]
*******************************************************
[- EXAMPLE -]
REVISED EXHIBIT "E" - 1 ST REVISION
Amendments
First Amendment to this Agreement, effective on the _ day of
,2
: are:
,etc.
Appropriate signature blocks
Page 27
(Tenant's Initials)
Y:lImmokalee Regional Airport\Leases\C- Tech\C-Tech lease - master copy 11-28-06.doc
Agenda Item No. 16G3
December 12, 2006
Page 1 of 32
-
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease
Agreement between the Collier County Airport Authority and Robert Forbis,
Inc. d/b/a Premier Electric at an initial rent of Forty Eight Thousand Three
Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) per year for the
construction of a minimum 35,000 square foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at
the Immokalee Regional AirportlTradeport.
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and Robert Forbis, Inc.
d/b/a Premier Electric.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
AirportlTradeport (Airport). Robert Forbis, Inc. d/b/a Premier Electric submitted a
proposal to construct a minimum 35,000 square-foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at the
Airport.
--
The Authority and Robert Forbis, Inc. d/b/a Premier Electric negotiated a thirty-five
(35) year Sub-Lease Agreement at an initial rent of ten cents ($0.10) per square foot
per year for the total sub-leased area (483,516 square feet), which equates to Forty
Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) for
the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007. Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed assembly, packaging, warehousing and distribution
facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
.-
RECOMMENDATION: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached thirty-five (35) year Sub-
Lease Agreement between the Collier County Airport Authority and Robert Forbis,
Inc. d/b/a Premier Electric at an initial rent of Forty Eight Thousand Three Hundred
Fifty-One Dollars and Sixty Cents (48,351.60) for the construction of a minimum
35,000 square-foot facility on eleven and one tenth (11.1) acres at the Immokalee
Regional AirportlTradeport.
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16G3
December 12, 2006
Page 2 of 32
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G3
Recommendation that the Collier County Board of County Commissioners approve and
authorize Its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the
Collier County Airport Authority and Robert Forbis. Inc d/b/a Premier Electric at an Inillal rent
of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) per
year for the construction of a minimum 35.000 square foot assembly packaging.
warehousing and distribution facllity on eleven and one tenth (11.1) acres at the Immokalee
Regional Airport/Tradeport.
12/12/20069:00:00 AM
Date
App roved By
Theresa M. Cook
County Manager's Office
Executive Director
Airport Authority
11/28/20064:48 PM
Date
Approved By
Thomas Palmer
County Atiorney
Assistant County Attorney
County Attorney Office
11/30/2006 12: 31 PM
Administrative Assistant
Date
App roved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
11130/2006 2: 1 0 PM
Management/Budget Analyst
Date
Approved By
Randy Greenwald
County Manager's Office
Office of Management & Budget
12/112006 11 :38 AM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
1214/2006 9:49 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/4/20066:28 PM
RESOLUTION NO. 06-43
Agenda Item No. 16G3
December 12, 2006
Page 3 of 32
.
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING
THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE A TffiRTY-FIVE (35) YEAR SUB-LEASE
AGREEMENT AT AN INITIAL RENT OF TEN CENTS (SO.10) PER SQUARE FOOT WITH
ROBERT FORBIS, INC. D/B/A PREMIER ELECTRIC TO CONSTRUCT A MINIMUM 35,000
SQUARE-FOOT FACILITY ON A MAXIMUM OF ELEVEN AND ONE TENTH (11.1) ACRES
OF LAND AT THE IMMOKALEE REGIONAL AIRPORTrrRADEPORT
WHEREAS, the Collier County Airport Authority ("Authority"), pursuant to County Ordinance
2004-03, as amended, manages, operates and maintains the Immokalee Regional Airport/Tradeport
("Airport"); and
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related commercial
development at the Airport; and
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for Proposal
(RFP) for "Commercial Development and Use at the Immokalee Regional Airport Pursuant to Airport Land
Lease Agreement(s);" and
WHEREAS, Robert Forbis, Inc. d/b/a Premier Electric ("Robert Forbis") submitted its
Proposal to construct a minimum 35,000 square-foot assembly, packaging, warehousing and distribution
facility on a maximum of an eleven and one tenth (11.1) acres of land Airport, which Proposal has been
selected for negotiation of proposed development and terms; and
.
WHEREAS, the Authority and Robert Forbis negotiated a thirty-five (35) year term at an initial
rent often cents ($0.10) per square foot and all additional provisions of the Sub-Lease Agreement; and
WHEREAS, the Authority and Robert Forbis, Inc. d/b/a Premier Electric desire that the Board of
County Commissioners execute the subject Sub-Lease Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority hereby recommends that the Collier County Board of
County Commissioners approve and authorize its Chairman to execute attached thirty-five (35) year Sub-
Lease Agreement at an initial rent of ten cents ($0.10) per square foot with Robert Forbis, Inc. d/b/a
Premier Electric to construct a minimum 35,000 square-foot facility on a maximum of eleven and one tenth
(11.1) acres of land at the Immokalee Regional Airport/Tradeport.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 9th day of October 2006.
ATTEST:
~Q
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORlTY
COLLIER COUNTY, FLORlDA
BY:~
Stephen L. Price, Chairman
.
Approved as to form and legal sufficiency
\0 iN\. 0~!ML------
Tom Palmh, Assistant County Attorney
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Immokalee RegIonal Airport '''''December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 4 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis, Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, (hereinafter referred to as "Authority"), a public body
existing under Collier County Ordinance No, 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1,
Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known collectively as
the Immokalee Regional Airport (hereinafter referred to as "Airport") in Collier County, Florida; and,
WHEREAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is the
Sub-lessor and Robert Forbis. Inc. d/b/a Premier Electric (hereinafter referred to "Tenant") is a Sub-lessee; and
WHEREAS, Collier County, through the Authority, maintains designated areas on the Airport specifically to sub-lease said
areas to aviation and non-aviation related businesses, entities or individuals to develop the Airport and its infrastructure for
the benefit of the general aviation community and the citizens of Collier County; and
WHEREAS, Tenant desires to sub-lease that portion of real property as described in Exhibit "A" attached, on the Airport
for the purpose of furthering the Tenant's assembly, packaging, warehousing and distribution business interests; and
WHEREAS, the Authority is willing to sub-lease that portion of real property as described in Exhibit "A" attached, and the
Authority and Tenant (hereinafter referred to as the "Parties") desire to execute a written sub-lease agreement (hereinafter
referred to as "Agreement").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable
consideration, the following is agreed:
PART ONE OF TWO PARTS
Paragraphs 1 through 6 are unique to these Premises:
1. The Premises.
a. The Premises Described. The Authority hereby sub-leases to the Tenant eleven and one tenth (11.1) acres of
real property, approximately located in the NE comer of Quadrant # 3 of Section T.47.S and R.29.E of the
United States Geological Survey, with Florida State Plane Coordinates as follows: N-759685.255, E-
524689.890; N-760155.729, E-524680.279; N-760426.455, E-524672.106; N-760458.845, E-525500,911; N-
760438.850, E-525586.993; N760093.761, E-525457.l21; N-760085.090, E-525182.153; N-759910.l86, E-
525187.669; N-759696.937, E-525060.326 within Collier County, State of Florida, described in Exhibit "A"
attached hereto and incorporated herein by this reference, together with the approximately depicted easement for
ingress and egress to the property (hereinafter referred to as "Premises"). This is an approximate description.
Tenant shall be required to submit an official land survey to the Authority within sixty (60) days of the execution
date of this Agreement, which survey shall depict the leased Premises. Final approval of the survey and the exact
boundaries of the access easement are subject to written approval by the Authority.
2. Terms.
a. Effective Date of Agreement. This Agreement shall have no force or effect until the Authority has actual
physical possession of one (1) original of this Agreement (including all Exhibits) fully signed by the Tenant (with
two attesting witnesses), fully signed on behalf of the Authority (with two attesting witnesses), signed as
"approved to form and legal sufficiency" by an attorney employed by Collier County, and signed by the
Chairman of the Collier County Board of County Commissioners ("BCC"), and witnessed by the Deputy Clerk.
The date the Agreement is fully executed by the Chairman of the Collier County Board of County
Commissioners is refeITed to in this Agreement as the "Execution Date."
b. Agreement Term. The term of this Agreement shall be thirty-five (35) years (hereinafter "Agreement Term")
commencing on the "Commencement Date," as hereinafter defined, and terminating thirty five (35) years after
that Commencement Date. The Commencement Date shall be the first day of the first full month following the
issuance or receipt of a certificate of occupancy for the completed assembly, packaging and distribution facility in
Phase I that Commencement Date being the _ day of , 200_. The termination date shall be
the last day of that month in year 20_. (The Parties acknowledge that the missing information shaIl be added
upon receipt of said Certificate of Occupancy, which added information shall be initialed by an authorized
representative of the Tenant and by the Authority's Executive Director.) Possession of the Premises by the
Tenant shall be deemed to begin on the Execution Date of this Agreement even if the Tenant is not actually then
in possession of the Premises, Collier County Ordinance No. 2004-03, as amended, provides that only the
(Tenant's Initials)
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Immokalee Regional Airport '''''Decemvber 12, 2'0 b~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 5 of ~2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Collier County Board of County Commissioners is authorized to agree to any extension of the Agreement Term
of this Agreement.
c. This Agreement is Contingent upon proof of Loan CommitmentlFinancial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate financial ability to
construct all of Tenant's improvements in all three (3) phases. The proof of fmancial ability shall be in the form
of a loan commitment and/or a letter of credit or an escrowed cash payment for all costs to complete, from an
acceptable financial institution. Acceptance of the fmancial institution shall not be unreasonably withheld by the
Authority. Proof must be provided within one hundred eighty (180) days of the Execution Date of this
Agreement.
3. Use of Premises. Tenant or its sub-sub-Iessees or assignees, shall have use of the Premises for the construction of
assembly. packaging warehousing. distribution facilities and accessory office uses and all other uses typicallv found in
or compatible with industrial areas. No building or land shall be used except for the assembly, packaging, warehousing
and distribution of products, inventory and equipment of Tenant or assignees or sub-sub-lessees approved pursuant to
paragraph 11 herein, recognizing that each use and structure must still be properly permitted by Collier County through
a Certificate of Occupancy or occupational license, as the case may be. Moreover, no use and lor occupancy shall
disturb the peaceful enjoyment of any other tenant at the Airport, and all uses and occupancy shall always conform to
all then current (as then revised or superseded) laws, standards, rules, regulations, codes and all other written applicable
policies of every type and description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay Rent to the Authority. (The same being the first
rent payment date.) The amount of the annual Rent shall be ten cents ($0.10) per square foot multiplied by the square
footage of the land area within the three (3) phases, the total being 483.516 square feet. Therefore, the Rent for the fIrst
sub-lease year shaIl be Forty Eight Thousand Three Hundred Fiftv-One Dollars and Sixty Cents ($48.351.60) plus
Florida sales tax. For each sub-lease year subsequent to the first sub-lease year, the annual Rent shall be increased by
one percent (1 %). which increase shall become effective on the anniversary of the Commencement Date throughout
the term of the Agreement. Additionally, the Rent shall be increased at the end of the fifth sub-lease year to the then
current Fair Market Value (FMV) (as defmed by the Federal Aviation Administration Rules & Regulations) land lease
rate per square foot per year. The Rent shall be increased again at the end of the tenth, fifteenth, twentieth, and twenty-
fifth and thirtieth anniversaries of the Commencement Date to the then current FMV land lease rate per square foot per
year. These incrementally increased Rent payments shall be billed (invoiced) to the Tenant prior to the end of each
anniversary date.
5. Time Restrictions for Construction of Initial Development.
a. Construction in Three Phases. Tenant intends to develop the total square footage in three (3) phases. Tenant
shall be required to submit a site plan depicting the geographic areas in square feet of each of the three (3) phases
to the Authority within sixty (60) days of the execution date of this Agreement. The site plan must be approved
by the Executive Director of the Authority. (The following geographic areas will be filled in upon Tenant
submittal of site plan to the Authority.)
The geographic areas of the three (3) phases of the Premises are as follows.
The Phase 1 geographic area consists of () square feet.
The Phase 2 geographic area consists of () square feet.
The Phase 3 geographic area consists of () square feet.
b. Fill Material. The Authority recognizes that Tenant will need fill dirt prior to commencing construction upon
Phases 1, 2 and 3 because a pond exists within the Premises. The Authority believes fill material may be
available at the Airport as the Authority begins ful1her development of the Airport. If fill material becomes
available, the Authority agrees to negotiate with Tenant, in good faith, a favorable price for the fill matelial,
equal to the price for fill material being offered to other tenants at the Airport. Authority acknowledges that its
agreement to negotiate in good faith was an inducement to Tenant to enter into this Lease because the Premises
will require significant fill.
c. SDP Coordination. The Authority, through the terms of the Site Development Plan Letter of Understanding
(SDP LOU), will coordinate and submit the application for the amendment to the Airport SDP for this
(Tenant's Initials)
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Immokalee Regional Airport December 12,20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 6 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Agreement. The amendment to the SDP approval is subject to other governmental approvals and agency
permits, including but not necessarily limited to, South Florida Water Management District, United States Army
Corps of Engineers, and Florida Department of Environmental Protection. Any approvals and permits that are
prerequisite to the Tenant being eligible to submit an application to Collier County for a building permit(s) that
authorize construction of the facility will be addressed through the Authority during coordination of the
amendment to the SDP.
(1) Phase 1 Development. Tenant's minimum 35,000 square-foot building for assembly, packaging,
warehousing and distribution facility must be constructed in Phase 1 within the time constraints set forth in the
"Site Development Plan Letter of Understanding (SDP LOU)." Construction of a minimum 35,000 square-foot
facility in Phase One must be substantially completed (as customarily defined in American Institute of Architect
General Conditions Document AlA 201) on or before the first day of the 24th month from the date when the Site
Development Plan (SDP), as defined in paragraph 12(a), below, is approved by Collier County Community
Development and Environmental Services (CDES). Final completion must not be later than forty-five (45) days
after substantial completion.
(2) Phase 2 Development. Development of Phase 2 is subject to the development of Phase I. Construction of
an additional facilities or the expansion of the Phase 1 facility into Phase Two 2 must be "substantially
completed" (as defined below) within thirty six (36) months from the Execution Date of this Agreement. A
subsequent amendment to the SDP or a completed application for approval of a Site Development Plan (SDP) as
part of the Planned Unit Development must be submitted by Tenant not later than twenty-one (21) months from
the Execution Date of this Agreement. If the complete application for the Phase 2 facility has not been submitted
to Collier County Community Development and Environmental Services (CDES) by the twenty first (21 st) month
after the Execution Date of this Agreement, then the Premises for this sub-lease shall be deemed to be
automatically amended whereby the only then existing sub-leased premises shaIl then comprise only the Phase 1
development square footage. Notwithstanding this automatic amendment, this amendment shaIl be formally
acknowledged by means of a Revised Exhibit E.
(3) Phase 3 Development. Development of Phase 3 is subject to the development of Phase 1 and Phase 2. If the
time constraints in paragraph 5.a.(I) and (2) above have been met for the development of Phase 1 and Phase 2
(as depicted in Exhibit "A" of this Agreement), then development of Phase 3 can proceed and must be
substantially completed within forty-eight (48) months from the Execution Date of this Agreement. A
subsequent amendment to the SDP or a completed application for a SDP as part of the Planned Unit
Development must be submitted by Tenant not later than thirty (30) months from the Execution Date of this
Agreement. If this complete application has not been submitted by Tenant to CDES for the Phase 2 facility by
the thirtieth (30) month, , then the Premises for this sub-lease shall be deemed to be automatically amended
whereby the only then existing sub-leased premises shall then comprise only the Phase 1 area and the Phase 2
area. Notwithstanding the automatic amendment, this amendment shall be formally acknowledged by means of a
Revised Exhibit E.
d. Substantial Completion. If the respective development has not been substantially completed by each of the
above stated time frames, each such failure to substantially complete shall be a material breach of this Agreement.
"Substantially Completed" means not more than forty-five (45) days from Final Completion.
6. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or
document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or
not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt requested, and
addressed to the parties at their respective addresses, as set forth below. Tenant shall have a continuing obligation to
notify the Authority's Executive Director, in writing, of each and every change in this address. The Authority shall
also have a continuing obligation to notify the Tenant in writing of each and every change to its address, if any.
"Notice" is not an amendment to this Agreement and, therefore, is not subject to paragraph 33.
Airport Authority
Collier County
2005 Mainsail Drive, Ste. 1
Naples, FL 34114
Premier Electric
1443 Rail Head Blvd.
Naples, FL 34110
PART TWO OF TWO PARTS
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 7 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
All of the following paragraphs (7 through 39) are Standard Form paragraphs. Amendments to any of these paragraphs must
be made in paragraph 33. "Special Provisions."
7. Fees and Charges. Tenant shall pay the following fees and charges:
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred Dollars
and no cents ($500.00), which must be received by the Authority's Executive Director within ten (10) days after
the date this Agreement is approved by the Collier County Board of County Commissioners and executed by its
Chairman and attested to by the Clerk. The Authority's Chairman shall not sign the Agreement until after this
fee has been delivered to the Executive Director.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority: (a)
on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed to
reimburse the Authority; or (b) amounts which the Authority after reasonable advance notice to Tenant elects to
payor incur because of Tenant's failure, neglect, or refusal to perfonn or fulfill any of the terms and conditions of
this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same shall be payable
in full along with the payment of all other payments due hereunder within thirty (30) days of the receipt of
Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments shall include
interest, costs (including reasonable attomeys' fees), damages, and penalties that may have been incurred by the
Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at its then current and
correct address.
d. Late Payment Fee. Tenant shall pay a late payment fee often percent (10%) of the late Rent, fee and/or other
late payment. If the late payment and late payment fee is not actually received in full by the Authority's
Executive Director within thirty (30) of its due date, the late payment fee shall automatically increase another ten
percent (10%) for each additional thirty (30) days until the Authority's Executive Director receives the full
overdue payment and all late payment fees.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the Tenant
shall be separate and independent covenants and agreements, that the Rent payments to be made by the Tenant
and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be payable in all
events and that the obligations of the Tenant shall continue unaffected, unless the requirement to payor perform
the same shall have been terminated pursuant to an express provision of this Agreement.
f. Due In Advance. All Rent payments shall be due and payable each month in advance, beginning on the
applicable first Rent payment date and continuing regularly on a montWy basis without notice from the Authority
thereafter during the Agreement Term. However, the Authority may elect to invoice payment notices. All
subsequent payments shall be due (paid in advance for each respective month) on the first of each month
thereafter. The Tenant can elect to pay one year's Rent in advance.
g. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months (or Rent
ever being in arrears in the amount of three (3) months) shall be considered a Material Default of tills Agreement.
No time to cure default provisions in this Agreement shall apply to late Rent payments.
8. No Refunds. Tenant shaH not be entitled to a refund of any Rent, fees or other charges whatsoever, except
overpayments shall be credited to the Rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shaIl maintain
insurance as outlined in Exhibit "B." Such insurance shall name the Collier County Board of County
Commissioners as an additional insured. This insurance shall have an aggregate limit as required to meet the
then existing mandatory requirements of the Collier County Risk Management Department. Tenant shall
maintain coverage of all improvements to the Premises. Such insurance shall always be with a company licensed
and authorized to conduct that insurance business in the State of Florida. The Tenant shall fumish annually to the
Authority on or before the anniversary of the Commencement Date of this Agreement, a certificate or other
approved written evidence and proof of maintenance of the above-required insurances. Tenant shall provide the
Authority with written notice of any change thereof, and furnish to the Authority evidence of acquirement of a
substitute therefore, and payment of the premium thereof. Each such notice must be received by the Authority
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 8 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
not later than ten (10) days after each such change. If the Tenant fails to maintain all such insurance coverage,
then the Authority may obtain same and add all costs thereof to the total cost of such insurance and bill the
Tenant accordingly, this may include monthly or annual billing, determined by the Authority. If the
Authority does so, it shall charge and Tenant shall pay interest thereon at the rate of fifteen percent (15%) per
annum from the time of payment and shall be collected as an additional charge.
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds, construction
insurance and/or all other insurance required by Collier County Risk Management Department, which is set
forth within Exhibit "B." Such proof of construction insurance must be provided to the Authority's
Executive Director prior to commencement of construction.
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and the
Authority, their elected officials, their unelected officials, employees and agents, in their official and individual
capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged to arise out of,
or indirectly connected any operations of the Tenant under this Agreement, and/or arising out of the presence at
the place of business, or improvements thereto, of any agent, guest, customer, supplier, contractor or
subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the negligence or willful
misconduct of Collier County or the Authority, their elected official, their unelected officials, employees or
agents, in their official and individual capacities. The amounts of insurance maintained by the Tenant shall not
be deemed a limitation on Tenant's agreement to indemnify Collier County and the Authority. If Collier County
and/or the Authority become liable for any of the same in an amount in excess of the insurance, Tenant shall
indemnify the Authority for the whole thereof.
10. Rules and Regulations. All activities conducted at the Airport will be done in adherence to the Authority's Airport
Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State, County and local
Laws, Ordinances, Rules and Regulations.
Property Management. The Authority shall be the sole sub-lessor/lessor of Airport property and facilities at the
Airport. No individual or entity shall provide any property management services without being authorized to do so
by appropriate written agreement with the Authority.
11. Permitted Uses.
a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Premises, and/or any
improvements thereto, for any purpose or use other than those expressly and specifically authorized by this
Agreement. Additional uses may be hereafter authorized by the Authority, but only upon such terms and
conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement by
Amendments to this Agreement. See Section 33, Exhibit "E." Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without the
prior expressed written approval of the Authority. Authorization may be denied for any reason in the sole and
absolute discretion of the Authority as long as this judgment is made on a good faith basis. Tenant understands
that a violation of this Section is a Material Default and may be considered by the Authority as a breach of this
Agreement. Tenant shall make no use of the Airport, which in any way interferes with the safe conduct of the
Airport, including any aircraft operation.
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written permission from the
Authority prior to commencing or permitting any commercial use of the Premises not specifically listed or
additional improvements thereto, in accordance with the then current Airport policies, codes, rules, regulations
and/or other standards. The Tenant shall at all times maintain and pay for any required permits, licenses,
insurances, and taxes as then required by law.
c. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of
such covenants, agreements and conditions required by law, and/or by this Agreement, shall and may, peaceably
and quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use shall be free from
molestation, eviction or disturbance by the Authority or any person claiming by, through, or under The Authority,
subject to the tenns and conditions of the law or agreement entered into. Such quiet enjoyment is conditional
upon Tenant adhering to the conditions, provisions and terms set forth in this Agreement and without limitation,
all other laws, codes, rules and lor regulations referred to anywhere in this Agreement.
(Tenant's Initials)
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12. Construction and Ownership of Improvements, Liens, Mortgages and Other Encumbrances.
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County for
the development of a taxiway and a lake. This SDP does not identify any specific Premises or proposed
individual developments beyond the taxiway and lake. An amendment of the SDP specifying the Premises and
the proposed Tenant's improvements must be submitted to and approved by Collier County before Tenant may
begin development. This will require that Tenant prepare and submit to the Authority, in the manner and detail
required by Collier County, information on its proposed development. The Authority will use this information to
amend the SDP. Once such requirements have been established, and communicated in writing by the Authority to
Tenant in the Site Development Plan Letter of Understanding (SDP LOU), Tenant's failure to submit such plans
and specifications in the correct form or within the time required will be an event of default in this Agreement
allowing Authority to terminate this Agreement without recourse to Tenant. The cost of all licenses and permits
and any applicable impact fees relating to the specific Premises development shall be at Tenant's expense.
b. Site Development Plan Letter of Understanding (SDP LOU). The SDP LOU outlines the submittal
process, performances and procedures as attached in Exhibit "C." By entering into this Agreement, Tenant
agrees to all terms and conditions of the SDP LOU.
c. Construction Approvals. Tenant shall diligently obtain any approvals that are Tenant's responsibility and are
required prerequisite to construction of Tenant's improvements. Tenant shall commence such construction
promptly after the required prerequisite approvals have been obtained, and tenant shall diligently pursue its
construction to final completion. The approvals that Tenant must acquire include Collier County building
permit(s) that authorize the respective improvements to be constructed by Tenant, including Tenant's SDP and
other such permits that are Tenant's responsibility. The following approvals and/or permits will be coordinated
through the Authority: as per the SDP LOU, the SDP and modification of the South Florida Water Management
District permit. All such improvements shall be constructed in strict accordance with the approved Tenant's
plans and specifications (collectively, the Tenant's Plans), prepared under the seal of a duly licensed in Florida
architect or engineer, and all applicable building codes, zoning regulations, and county, state, and federal laws,
ordinances, rules and regulations unless a written waiver or \vritten exemption has been obtained from the
appropriate authority. Within ninety (90) days after completion of construction of Tenant's improvements or any
other improvements, Tenant shall, at its expense, provide the Authority with record drawings showing the "as
built" condition of all such improvements. Tenant hereby warrants and covenants that all improvements now or
hereafter erected on the Premises shall be at all times free and clear of all liens, claims, and encumbrances arising
in connection with the construction of such improvements and hereby agrees to indemnify and hold the Authority
and Collier County harmless from and against any and all losses, damages, and costs, including reasonable
attorneys' fees relating to or arising out of any such lien, claim, or encumbrance. If any lien or notice of lien on
account of the alleged debt of Tenant (or any notice of contract by a party engaged by Tenant or Tenant's
contractor(s) to work on the Premises) shall be filed against the Premises, Tenant's interest therein or in any
improvements, then Tenant shall, within thiJiy (30) days after notice of the filing thereof, cause the same to be
discharged of record by payment, deposit, bond, order of a court of competent jUIisdiction, or otherwise. No
work hereunder shall be commenced until Tenant has, at its sole cost and expense, provided to the Authority
from companies reasonably acceptable to the Authority and Authority's attorney: (1) a surety performance bond
for the benefit of Collier County and the Authority in a form prescribed by the Authority in an amount equal to
the total estimated cost of the work, which performance bond shall guarantee the prompt completion of the work
by Tenant in accordance with the approved Tenant's plans; (2) a surety payment bond for the benefit of Tenant
and in a form prescribed by the Authority and in an amount equal to the total estimated cost of the work, which
bond shaIl guarantee the payment by Tenant of all contractors and subcontractors, etc. (at every tier) charges and
the charges of all other persons and finns supplying services, labor, materials, or supplies in connection with the
work; and (3) a policy of builder's risk insurance issued upon ternls acceptable to the Authority. Notwithstanding
the foregoing, the provisions of (I) and (2) above shall not be applicable to work costing less than two hundred
thousand dollars ($200,000.00) for which Tenant has obtained an express written waiver of the bonding
requirements from the Authority in advance of awarding a construction contract for such work.
d. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting the
consent or request of the Authority, express or implied by reference or otherwise, to any architect, engineer,
surveyor, contractor, subcontractor, etc. (at every tier), laborer, materialman, supplier or mechanic for the
(Tenant's Initials)
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Immokalee Regional Airport ''''De;e~b~r'12, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 10 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
performance of any labor or the fumishing of any materials, supplies or services requested by Tenant for or in
connection with the Premises or any part thereof. Notice is hereby given that neither Collier County nor the
Authority shall be liable for any labor or materials, supplies or services fumished or to be furnished to Tenant
upon credit, and that no mechanics or other lien for labor, materials, supplies or services shall attach to or affect
the fee or reversionary or other estate or interest of the Authority or Collier County in the Premises, or in any
improvements, or in this Agreement All Persons dealing with the Premises and with Tenant are hereby put on
notice that Tenant does not have the power to deal with the Premises in such a manner as to authorize the creation
of mechanics liens, by implication or otherwise and all Persons making improvements to the Premises, either by
doing work or labor or services or by supplying materials or supplies thereto, at the request of Tenant or Persons
dealing by, through or under Tenant, are hereby put on notice that they must look solely to Tenant and not to the
Premises or any part thereof or to any improvements, or to this Agreement for the payment of any services, labor,
materials or supplies performed upon or delivered to the Premises. "Persons" refers to individuals and all
entities.
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the performance,
commencement, or completion of any of the work to be performed by such party under this Section 12 if such
failure to perform, commence, or complete any or all of such work is due to circumstances beyond its control,
such as, and not limited to, a strike, lockout, labor dispute, shortages of materials, supplies or labor, fire or other
casualty, litigation or governmental action or inaction, or delay or acts of war, including acts of terrorism. For
purposes of this Section the acts of a third party shaIl not be deemed to be within the control of Authority, Collier
County or Tenant unless Authority, Collier County or Tenant, respectively, authorized such acts.
f. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fIXtures and other
lawfully present personal property on the Premises, all of which shall be and remain the property of Tenant and
may be removed at any time during the term hereof and within thirty (30) days after expiration or earlier
termination of the term hereof; provided, however, that, absent written approval to remove from the Authority,
Tenant shall not remove any such item while in default of Agreement. Tenant shall, at its own cost and expense,
repair any damage to the Premises caused by such removal in a manner reasonably acceptable to the Authority.
Failure to remove trade fixtures or other personal property as provided herein shall not constitute a holdover by
Tenant, but all such property not removed within the time specified above shall be deemed to have been
abandoned by Tenant, in which case, the Authority may either use or dispose of the same as it shall see fit
without any liability to Tenant therefore or may remove and store the same at Tenant's expense. The terms trade
fIXtures and other personal propelty shall not include (1) any item hereafter installed or erected thereon by the
Authority or at its expense or (2) any item affixed to the Premises or to any improvement which cannot be
removed without material injury to the Premises or to any improvement, whether or not installed by and at
Tenant's expense.
g. Removal of Tenant's Property in the Event of a Default. If upon the expiration of the Lease Term hereof or
earlier termination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its option, give
notice to Tenant that Tenant may, within fifteen (IS) days after the date such notice is given, remove its trade
fixtures and other personal property, provided that such removal will not result in material injury to the Premises
or any improvement, and that Tenant shall at its expense repair any damage to the Premises and/or to any
improvement caused by such removal in a manner acceptable to the Authority. In such event, any trade fixtures
or other personal property not so removed within such time period shall be deemed to have been abandoned by
Tenant, in which case the Authority may either use or dispose of the same as it shall see fit without any liability
to Tenant therefore or may remove and store the same at Tenant's expense.
h. Title to Improvements. Title to both the Authority's Improvements and to such of the Tenant's improvements
that are not trade fIXtures or other personal property shall be and vest in the Authority upon the expiration or early
termination of this Agreement. Tenant hereby covenants to promptly execute and deliver to Authority any and
all instruments or documents that Authority reasonably requests to effectively transfer, assign, and otherwise
convey full title to such Improvements in fee to Authority.
i. Tenant's Improvements. Tenant will at its own expense, in the time prescribed in paragraph 9, page 3 of this
Agreement, make all of Tenant's improvements listed on Exhibit "D" hereto. Tenant must complete building
according to approved plans and specification. Tenant has committed in Tenant's proposal to construct Tenant's
(Tenant's Initials)
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Immokalee Regional Airport ''''Dece~ber 12,2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 11 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
promised improvements. Tenant's development dates can be extended in writing by the Authority's Executive
Director provided Tenant's written request for each requested extension proves that the extension would not be
necessary but for the authority's failure to act promptly or other breach of a clear duty or clear responsibility of
the Authority owed to Tenant.
j. Authority Approval Required. Tenant shall submit the Tenant's Plans to the Executive Director for approval
by the Authority. No construction of any type shall commence prior to Tenant's receipt of: (1) the Authority's
written approval of the Tenant's Plans, which approval shall not be unreasonably withheld or unreasonably
delayed and (2) a "Notice to Proceed" from the Authority's Executive Director.
k. Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or other
encumbrances (except mortgages(s)) placed upon the Premises due to actions and lor inactions of Tenant, or
through Tenant, shall by Tenant, be completely and absolutely removed as soon as possible: and in all events no
mortgage, lien or any other encumbrance shall be upon this Agreement or upon any improvement at the end of
the Agreement Term of this Agreement. An "encumbrance" is anything that results in Collier County receiving
anything less than complete marketable title to all improvements and lor anything less than a total and complete
unencumbered return of the Premises to the Authority.
I. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and approval. A
copy of which shall be submitted to the Authority upon submittal to the FAA and no later than ninety (90) days
after the Execution Date of this Agreement. A copy of the response or determination from the FAA shall be
provided to the Authority no later than ten (10) days after Tenant's receipt from the FAA. The Tenant is required
to construct improvements on the Premises in accordance with all applicable Federal, State of Florida, Collier
County and local codes, permits, rules, and regulations. Tenant shall begin such process with no less than proof
to the Authority of submission of a building permit application to Collier County not later than sixty (60) days
following approval of the Site Development Plan by Collier County.
m. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County and/or
the Authority, shall pave all access from the Premises, and/or any and all improvements thereto, to roads, and
such construction shall match the existing l:,'TIlde. The pavement shall be within Tenant's access easement(s) for
ingress and egress to the Premises.
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not constitute
the assumption of any liability by the Authority for the compliance or conformity of the Tenant's Plans with
applicable building codes, zoning regulations, or county, state, and federal laws, ordinances, and regulations, nor
for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely responsible for Tenant's
Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the Authority's right
thereafter to require Tenant, at Tenant's expense, to amend the same so that they comply with applicable
building codes, zoning regulations, county, state, or federal laws, ordinances, or regulations, and to make such
construction changes as are necessary so that the completed work is in conformity with the Tenant's Plans as
amended. In the event the Authority refuses to approve Tenant's Plans, the Authority shall notify Tenant of the
changes required to be made, and Tenant may revise Tenant's Plans to incorporate the required changes and then
resubmit revised Tenant's Plans to the Authority for approval. The Authority shall attempt to reply in writing to
Tenant's submitted Plans within forty-five (45) days after Authority's receipt of the submitted Plans, regarding
Authority's approval, approval subject to required changes, or other response to Tenant regarding Tenant's
submitted Plans. Tenant shall always be granted a reasonable time to make the required amendments or
otherwise comply with the Authority's respective written response to Tenant.
o. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental permitting and/or any other permitting, permission or other authorization that is not completed to
(Tenant's Initials)
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Immokalee RegIOnal Airport '''''December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 12 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
the desires of Tenant for any reason whatsoever, including and not limited to fmancial restraint(s), management,
seen and/or unforeseen obstructions and/or delays, and/or any natural disasterCs) and/or any other circumstances
whether or not under the control of Collier County and/or the Authority, and/or any now existing, new, amended
and/or superseding Florida law(s)and/or Federal law(s), State of Florida and/or Federal mandates, rules,
regulations related directly or indirectly to any and all such permitting, mitigation or any other reason that does or
may impede and/or delay Tenant from fulfilling its obligation under this Agreement.
p. Additional Improvements Constructed During the Agreement Term. Tenant may be authorized by the
Authority in writing by paragraph 33. "Special Provisions" to construct additional improvements or
modifications during the Agreement term, adhering to the requirements of those codes, rules and regulations then
in effect and applicable to the Authority.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Tenant Shall Maintain. Tenant shall maintain, at no cost or expense to the County or the Authority, the
Premises and any improvements, fIxtures and equipment on the Premises in a safe, sanitary, orderly, and sightly
manner, in accordance with all applicable laws, codes rules and regulations. Tenant shall also maintain the
cleanliness of all paved area on the Premises, and shall be responsible for mowing all grass, watering grass,
controlling weeds, and maintaining shrubs and trees, etc., on the Premises.
b. Condition of Premises. No Representations or Warranties. The Tenant has inspected the Premises and
agrees that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly set
forth in this Agreement, Authority has made no representations or warranties relating to the suitability of the
Premises for any use. The Authority shall have no obligation whatsoever to repair, maintain, renovate, or
otherwise incur any cost or expense with respect to the Premises or any of the Authority's Improvements,
furnishings or equipment now or hereafter constructed, installed, or used on the Prernises. The Authority and
CoIlier County shall have no liability under this Agreement to Tenant or otherwise arising out of any defect or
deficiency in the Premises or any of Authority's Improvements.
c. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion is present,
Tenant, at no cost or expense to Collier County or the Authority, must promptly carry out erosion control
practices to mitigate the erosion. These practices include, but are not limited to, drainage facilities constructed
and maintained by Tenant, landscaping, and/or seeding and maintaining of vegetation on Tenant's Premises.
Tenant is responsible for erosion of Tenant's site only, unless some unauthorized, un-permitted Premises
alteration results in erosion onto any neighboring site or land. "Neighboring" is not limited to "adjacent" site or
land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by fIre or
any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such destruction and/or
damage, and shall be completed within nine (9) months thereafter, if reasonably possible. Such restoration shall
be to substantially the same condition in which the Premises and/or improvements thereto was before such
destruction and/or damage. In the event that Tenant has not commenced repairs within six (6) months from the
date of said damage and thereafter completed such repairs within nine (9) months or a reasonable time thereafter
when conditions permit or allow, this Agreement may be terminated by the Authority or Collier County upon
ninety (90) days actual advance written notice of Intent to Tem1inate provided by the Authority to the Tenant.
Tenant shall have fourteen (14) days after receipt of same to deliver Tenant's written response to the Authority. If
a complete, comprehensive and adequate written response is not delivered to the Authority within fourteen (14)
days, or if response is not deemed to be acceptable to the Authority, then such termination shall be made effective
by delivering a final Termination Notice to Tenant, which shall be effective fourteen (14) days after the date of
receipt by Tenant of such Final Termination Notice. Total repair of damage by Tenant may be waived in writing
by the Authority if Tenant and Authority agree that total repair is not economically feasible under the
circumstances. The Parties may also agree to Tenant's partial repairs of the destruction and/or damage.
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements thereto is
completely destroyed or so badly damaged that repairs cannot be commenced within six (6) months and
completed within nine (9) months thereafter, then this Agreement may be terminated. Tenant shall provide to the
Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to rebuild together with
(Tenant's Initials)
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Immokalee Regional Airport '::lv6;;e~"b~r 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 13 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
statements from all insurance companies involved, in which event if the Authority agrees to Tenant's planned
rebuilding, Tenant shall be granted reasonable periods of time needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for the
conduct of Tenant's authorized activities are available on the Airport. However, Tenant shall obtain and install
underground at no cost or expense to Collier County or the Authority, all electrical, gas, water, sewer and any
other utility service needed to connect to and to receive Collier County's respective available utility service,
subject to the then current development guidelines, rules and regulations and/or building code of the State of
Florida and/or Collier County and/or the Authority.
g. Compliance with Environmental Laws. Tenant shall promptly notifY the Authority of the release of any
hazardous substances on the Premises or other act or omission that results in the environmental contamination of
the Premises. Tenant shall comply with all applicable Environmental Laws pertaining to the protection of the
environment, including but not limited to those regulating the possession, storage, handling, and disposal of
Hazardous Materials. Further, neither Tenant nor any agent or party acting at the direction or with the consent of
Tenant shall possess, use, transport, treat, store, or dispose of any hazardous substance as defined in Section
101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
from time to time (CERCLA), or petroleum (including crude oil or any fraction thereof) on any part of the
Premises or the Airport; provided however, that this sentence shall not prohibit Tenant from storing, dispensing,
or using Hazardous Materials on the Premises if such activities are conducted in accordance with all applicable
laws and regulations. Tenant shaIl not install any petroleum storage tanks on the Premises or the Airport without
the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances andlor materials subject to
regulation by the EP A, or by Florida Department of Environmental Protection, or by any other governmental
Authority shall be stored or disposed of on the Airport except in accordance with then applicable Federal,
State and local laws, codes, rules and Regulations.
i. Emironmental Assessment and Remediation. The costs of remediation of any and all environmental damage
or pollution then required by any law, code, rule and/or regulation shall be the sole responsibility of the Tenant,
including any or all such damage and/or pollution, if any, that existed prior to the execution of this Agreement if
this Agreement is not terminated for pollution related reasons as specified in this sub-paragraph.. The Authority
may for good cause require that Tenant fumish to the Authority (or to any other govemmental authority or
agency) a Phase I Environmental Assessment Report or other substantially similar report regarding the Premises,
in accordance with the laws, codes, rules and regulations in effect at that time. Neither Collier County nor the
AuthOlity makes any promises, warranties or representations regarding any such now existing damage or
pollution except that neither Collier County nor the Authority is aware of any such now existing damage and/or
pollution. The Authority recommends that the Tenant have a Phase I Environmental Assessment conducted
because neither Collier County nor the Authority shall have any responsibility with regard to now existing
ground pollution at the Premises, if any, and the Tenant hereby assumes all of those risks. If the Assessment
should show that it would not be advisable that Tenant make improvement to the Premises, that Report can be
grounds that the parties mutually agree to terminate this Agreement due to such pollution, or may be a basis for
the parties to mutually agree to tIY to resolve such pollution problems whereby Tenant can reasonably proceed to
make improvements to the Premises.
j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval by
means of Collier County Sign Permit(s). The Tenant shall be responsible for all cost and expense of
installing, maintaining and repairing all such signs. Tenant shall not install, erect, paint or maintain any
temporary signs or advertising displays, such as banners, balloons, flashing signboards, and/or any similar
visual devices whatsoever, except to the extent that such are then authOlized by Collier County Code and are
also approved in writing by the Authority's Executive Director.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults except default in prompt,
full payment of Rent and/or all fees. If the Tenant fails to correct the default(s) as specified by the Authority's
notice within the specified period, the Authority may, at its option, terminate this Agreement with at least thirty
(30) days advance written notice to Tenant from the Authority of such termination. Upon such termination,
without further notice or demand, the AuthOIity may enter upon and into the Premises, and lor any and all
improvements thereto, or any part thereof, and take absolute and sole possession of the same fully and absolutely,
(T enant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 14 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
and such re-entry shall not be deemed judged or otherwise considered to be any trespass, unlawful entry or
unlawful access whatsoever. In addition, the Authority may also require all operations and or activities at the
Premises to cease and all removable items be removed from the Airport.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license
fees and permit fees of whatever nature applicable to its operation levied or assessed against the Airport, or
improvements thereto. Tenant shall take out and keep current all licenses, permits, and certificates (City, County,
State and Federal) required for the conduct of its activities at and upon the Airport, and further agrees not to
permit any of said taxes, excise or license fees to knowingly become delinquent.
b. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State and
Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, and/or operations thereon. Such compliance shall be with any laws,
regulations, rules, ordinances or requirements, which have been or may be enacted or promulgated during the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of the
same as specified in the respective law, regulation, rule, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those necessary
and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the Airport and
or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction, and/or designation
of specific procedures applicable to any or all Airport operations whenever the Authority or its designees, or any
other governmental authority or agency (such as the FAA) may impose any of the same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance with
this Agreement, All of the same shall be void ab initio absent prior express written consent of the Authority, which
consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in the Rent up
to the then existing fair market value, and may require other conditions or covenants before consenting to any of the
same. Such additional Rent, conditions or covenants shall be in accord with the terms and conditions for similar
agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased, or otherwise
transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all successors and/or
assigns, unless specifically authorized in writing by the Authority. No novation shall be authorized unless expressly
approved by the Authority and Tenant shall have a heavy burden proving actual necessity for any partial or whole
novation.
16. Default and Termination.
a. DefInition. If the Authority determines the Tenant is in violation of any of the terms, conditions or covenants of
this Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be
considered a material default of this Agreement Each Material Default grants to the non-defaulting party
sufficient cause to terminate this Agreement.
a. Written Notice Required. The Authority' Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant has infOImed the Authority in writing of Tenant's con'ect mailing
address. The written notice shall always grant Tenant a reasonable time to cure the default(s), and Tenant may
request additional time to cure, which will not be unreasonably withheld or denied. Notice shall be deemed to
have been actually received by Tenant if (1) the Executive Director mails such notice to the Tenant's last known
mailing address inespective of whether Tenant actually receives such notice, or (2) such notice is posted on the
Premises. This notice provision does not apply to any late payment of a Rent, fee and/or charge unless the same
is a new fee or charge that was not theretofore known to Tenant. Every such notice shall be deemed to be
continuing notice. This subparagraph is in addition to paragraph 29.
b. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 15 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to being
corrected and if the Tenant initiates curative action within that period and diligently pursues it until the Tenant
corrects the failure within a reasonable period of time. This notice provision does not apply to any late payment
of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant.
Every such notice shall be deemed to be a continuing notice. This subparagraph is in addition to paragraph 29.
c. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the
specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written notice
to terminate. Upon such termination, without further notice or demand, the Authority may enter upon and into
the Premises, and lor any and all improvements thereto, or any part thereof, and take absolute possession of the
same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airport.
d. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of
any subsequent default irrespective of how long the default may have existed.
e. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and ifthis Agreement is terminated due to default by Tenant.
17. Airport Development. Collier County and the Authority reserve the right to further develop the Airport as it sees fit,
without unreasonable interference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport by Collier County or the
Authority actually necessitates the partial relocation, partial removal or partial alteration of Tenant's
improvements, operations or activities from the Premises, Collier County may amend this Agreement or, if
necessary, terminate this Agreement and negotiate in good faith with Tenant to accommodate Tenant's desires
regarding another then existing and available suitable premises ("other site") at the Airport. To the greatest extent
commercially practicable, Collier County and the Authority will use their best efforts to avoid or reduce any and
all such necessity. Tenant shall be granted full or partial abatement of rent to the extent Tenant's activities are
harmed by such development. A taking by the Federal Govemment or by any Agency thereof, or a taking by the
State of Florida or any Agency thereof, and/or a taking by any other entity shall be controlled by the laws, rules
and regulations then applicable to that taking, including the required notices, service of process, procedures,
valuing the monetary amount of the taking and the amount of compensation due and payable to Tenant and to
others harmed by that taking.
b. Notice of Partial or Total Taking. In the event of any taking by Collier County or by the Authority ofthe areas
authorized for use by this Agreement, the Authority will provide Tenant with notice as soon as possible -
minimum of ninety (90) days notice - of such impending action. In the event of such a taking, Tenant's obligation
to pay Rent and other charges shall terminate on the date of the taking. In the event of a partial taking, Tenant
shall not be required to pay rent for any of the square footage taken.
c. Actions in the Event of a Total or Partial Taking by the County or by the Authority. In the case of a total or
partial taking by the County or the Authority, the value of this lease-hold estate shall be deemed to be zero dollars
($0.00). The then CUlTent Fair Market Value ("FMV") of Tenant's Building(s), structure(s) and/or Tenant's other
long-term capital improvements to the sub-leased premises shall be detetmined by two (2) concurrent and
independent appraisals (one retained and paid for by party doing the taking (Collier County or the Authority) and
the other appraiser being retained and paid for by Tenant. To the greatest extent then allowed by law, Tenant shall
be paid the average of those two (2) appraisals provided the two (2) appraised values are within twenty percent
(20%) of each other. If not, a third appraisal shaIl be acquired and the costs of the third appraisal shall be shared
equally by the Authority and Tenant. If a third appraisal is acquired, that appraised value shall control the FMV
provided that appraised value does not exceed the highest appraised value of the other two (2) appraisals. It the
third appraisal exceeds the highest of the other two appraisals, the controlling value shall be the average of the
three (3) appraisals. Tenant will have the option of being paid the resulting averaged FMV or, in the alternative,
to sub-lease a substantially similar then existing and available facility, if any, at another site that is suitable for
Tenant's activities at the Airport. At such other site, Tenant shall pay ground rent at the then applicable land lease
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 16 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
rental rate, but shall not be required to pay rent on the improvements thereon during the number of months (term
of years) then remaining in this sub-lease Agreement.
d. Partial Taking. It is impossible to envision how a partial taking (or partial takings) might affect Tenant's
ability to legaIly or economically continue thereafter to conduct its activities at the sub-leased premises for
the then remaining term of years of this Agreement. In the event of a partial taking by Collier County or by
the Authority, Collier County and/or the Authority shall pay Tenant the monetary amount of the then
existing appraised fair market value ("FMV") of Tenant's building(s), structure(s) and Tenant's other long-
term capital improvements to the sub-leased premises, as affected by the then remaining term of years of this
Agreement, if any. If a taking by Collier County and/or the Authority causes Tenant to permanently cease
conducting its business at the sub-leased premises as a matter of non-compliance with any then applicable
law, ordinance, rule and/or regulation, or as a matter of economic infeasibility, and irrespective of the
percentage of square footage of the sub-leased land taken, and/or irrespective of the percentage of Tenant's
building(s), structure(s) and/or Tenant's other long-term capital improvements taken, such taking shall be
deemed to be a total taking of such improvements. For example, if a taking of less than all of Tenant's then
required parking spaces results that Tenant cannot thereafter lawfully continue its activities at the sub-leased
premises, or such taking makes it economically infeasible for Tenant to continue its activities at the sub-lease
premises, such taking shall be deemed to be a total taking of such improvements.
18. Amendments to this Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed or
amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent
jurisdiction or by opemtion of any applicable law, it shall not affect the validity of any other clause or provision,
which shall remain in fuIl force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above the
surface of the Airport, when conducted in accordance with the then existing Fedeml Aviation Regulations, together
with the right to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and mineml
rights in and under the surface of the Airport. However, the Authority shall not conduct any opemtions on the surface
of the Airport for the exploration, development or recovery of the rights and substances reserved which would
unreasonably interfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing rights to
have access to other parts of the Airport.
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or easements ofrecord and all
other easements granted by the Authority or Collier County to any other agreements or to other individuals and/or
entities at the Airport, and to easements retained by Collier County.
b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and lor authorized activities of Ten ant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airpm1 open and unobstructed.
A perpetual easement and right-of-way for the construction, maintenance, removal and replacement of any and
all utility lines, manholes, and related facilities through, over, across and under the Airport is hereby reserved for
the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from
time-to-time relocate, in whole or in part, any easement serving the Airport, provided that such relocation does
not diminish or permanently intenupt the rights or operations of the Tenant nor increase the costs to be incurred
by Tenant. The Authority may temporarily intelTUpt operations and/or activities with respect to such Easements
during the period of relocation, and the Authority agrees to restore the Airport to a condition substantially similar
to the condition existing prior to any alterations thereto by the Authority. No such intenuptions shall be of a
greater duration than is reasonable under the circumstances.
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in the
judgment of the Authmity, may be reasonably necessary to establish and protect aerial approaches to the Airport
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 17 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
against obstruction, including the right to prevent persons from erecting or permitting to be erected any
improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law, including
Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all then existing,
applicable Federal laws, rules and regulations,
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant has
the right of free access, ingress to and egress from those parts of the Airport authorized for the Tenant's use by this
Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of materials
and furnishings of services and its equipment, vehicles, and machinery. The Authority may, at any time, temporarily
or permanently close or consent to the closing of any roadway or other right-of-way for such access, ingress, and any
other area at the Airport or in its environs presently or hereafter used as such. In such a case, a means of access,
ingress and egress reasonably equivalent to that fonnerly provided may be substituted and concurrently made available
subject to the Airports security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor any other individual or
entity shall have no claims whatsoever against the Authority or Collier County for any damages incurred by Tenant or
any other individual and/or entity arising or occasioned by Tenant's inability to access or use the Premises or any of
Tenant's improvements thereon, for whatever rea.'ion, provided such inability to access or use of any parte s) of the sub-
leased premises and/or any improvement(s) thereon would not then exist but for wholly unjustified action or wholly
unjustified inaction of the Authority. Tenant agrees that its sole remedy against the Authority for loss of use of the
Premises and Tenant's improvements, regardless of the reason for such loss of use or the duration thereof, shall be an
abatement of the Rent due hereunder, or cancellation of the tenn of this Agreement and reimbursement for the original
costs depreciated of the improvements as detennined by an independent appraiser. If such inability to access or use the
Premises or Tenant's improvements thereon was the fault of the Authority, as stated hereinabove, and such period
exceeds thirty (30) days, the parties agree that the Term of this Agreement shall be extended by the number of days
that Tenant was unable to access or use the Premises or Tenant's improvements.
26. Authority's Right to Enter. The Authority, its officers, agents and representatives, subject to any security regulations
imposed by any governmental authority, shall have the right to enter all parts of the Premises at reasonable hours when
Tenant or Tenant's representative is present, to inspect the same when reasonably required and as it may deem
necessary or desirable.
27. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request by
the Authority any report or reports and/or information regarding Tenant's operations and/or activities at the Airport.
The Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems appropriate for the
purpose of keeping the Authority informed of any operational problems and of any suggested improvements at the
Airport. "Report" or "information" refers to documents, papers, plans, etc. that are in the possession of Tenant or
possession of which is reasonably obtainable by Tenant. This provision does not require Tenant to write or compose
any such Report or infonnation.
28. Automobiles and Other Velides. The Authority reserves the exclusive right to control, by security gate, uniform
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ramp areas on the Airport,
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attorney's fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees and
costs, expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each party shall
be responsible for all of its costs and fees.
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards, Agencies, or
Commissions relative to the ownership, operation or maintenance of the Airport. However unless the Authority has no
discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably interfere with the
authorized operations and/or authorized activities of Tenant. The burdens of proof and persuasion shall be on tl1e
Tenant.
(Tenant's Initials)
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Immokalee RegIonal Airport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 18 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
31. Termination of Agreement. At the conclusion of the Agreement's Term, the facility and any improvements to the
Premises automatically becomes the property of Collier County upon such termination, and without further notice or
demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or any part
thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be deemed to
constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all associated and
permitted operations to cease and be removed from the Premises. This paragraph shall not apply to Tenant's trade
fIXtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant without physical
damage to the Premises, building and/or structure, and each item is removed from the Premises prior to a scheduled
Termination date of this Agreement. If the Termination date of this Agreement is not scheduled (not known to Tenant
unless and until Tenant receives written Notice of the Termination date from the Authority's Executive director),
Tenant shall have thirty (30) days to remove the items after the date of Tenant's receipt of such Notice.
32. Event of Holding Over. Holding over constitutes an Extension of the Term of this Agreement. In the event the
Authority approves in writing any holding over by the Tenant, all provisions of this Agreement shall remain in full
force and effect and the Tenant shall continue to pay all amounts required to be paid by it to the Authority in
accordance with the terms and conditions applicable herein together with a fair market rental on any improvements
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the tenancy
at will is terminated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None,"
specify "NONE".) All amendments to this Agreement and/or any other Exhibit shall be depicted on the applicable
Revised Exhibit "E," including text of each amendment and the effective date. If the amendment amends text that
then exists in this Agreement (or in another Exhibit) it shall be depicted by strike-thru and underline format. If the
amendment only inserts new text into this Agreement (or into another Exhibit), the amendment shall clearly
specify all added text. The purpose of these Exhibits "E" is to facilitate understanding how this Agreement differs
from the Authority's Part Two Standard Form Sub-lease as of the Execution Date. The purpose of Revised
Exhibits "E" is to make a comprehensive and cumulative history of all amendments to this Agreement. Each party
to each Revised Exhibit "E" must affIX his/her initials and date of affixing initials to each page of each Revised
Exhibit E.
34. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement shall
be conducted in the applicable Florida Court(s) in Collier County to the greatest extent the issues are within the
Court's jurisdiction.
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any party.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement.
38. Time is of the Essence. Throughout this Agreement, time is always of the essence.
39. Exhibits. Exhibits A, B, C, D, and E attached and made part of this Agreement:
A. EXlllBIT "A" LEGAL DESCRIPTION OF PREMISES.
B. EXlllBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS
C. EXHIBIT "C" SITE DEVELOPMENT PLAN LETTER OF UNDERSTANDING (SDP LOU)
D. EXHIBIT "D" TENANT'S PROPOSED IMPROVEMENTS
E. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS)
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this Agreement to be in
effect as of the date first written below.
(Tenant's Initials)
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Immokalee Regional Airport '''''December 12, 2'0 M
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 19 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Executed on this date
Approved by Purchasing by
this _ day of
'-'
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form
and legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
ATTEST: TWO WITNESSES
Robert Forbis Inc., DBA PREMIER ELECTRIC
FIRST WITNESS
By:
Robert C. Forbis, Owner-President
Print Name
(Corporate Seal)
SECOND WITNESS
Print Name
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-28-06.doc
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. IL.' Ar<"'3
Immokalee Regional Airport"" Dece;ber 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 200(jPage 20 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 483,S16 square feet ofland.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the Authority.
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-28-06.doc
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Immokalee RegIOnal Airport '<:1 December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 21 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Exhibit "A"
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Each Lease Corner is denoted with a North and East coordinate vaJue representing the North and
East State Plane Coordinate (SPC) value, Florida East Zone (0901), based on the North American
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IMMOKALEE REGIONAL AIRPORT
Immokalee, Florida
URS
EXHIBIT "A"
PRELIMINARY SITE PLAN
PREMIER ELECTRIC LEASE AREA
6
I
;/
.,
(Tenant's Initials)
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Immo a ee eglOna rport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 22 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis, Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
(Tenant's Initials)
Y :\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-28-06.doc
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Immokalee Regional Airport '::lDece~b~r' ;'2, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 23 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
~11WO,,~
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EXIHBIT "B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability $500,000 X $1,000,000
X Commercial General $500,000 per occurrence X $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airport Liability Insurance $500,000 per occurrence $2,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Hangarkeepers Liability $500,000 per aircraft $2,000,000 per aircraft
Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damaqe
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Property Insurance X Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceDtable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
(Tenant's Initials)
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Immokalee RegIOnal Airport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 200()page 24 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT PLAN (SDP)
LETTER OF UNDERSTANDING (LOU)
Page 21
(Tenant's Initials)
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Immokalee Regional Airport '~'Dece~"'b~r 12, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 25 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN ROBERT FORBIS, INC. D/B/A PREMIER ELECTRIC
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 35,000 SQUARE FOOT
MANUFACTURINGIW AREHOUSE FACILITY DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, define, and
establish mutual agreements, understandings and obligations by and between the Collier County
Airport Authority ("Authority") and Robert Forbis, Inc. d/b/a Premier Electric for the coordination,
submittal, review and response of the Site Development Plan ("SDP") process for a 35,000 square
foot assembly, packaging, warehousing and distribution facility at the Immokalee Regional
AirportlTradeport ("Airport").
ROBERT FORBIS. INC. D/B/A PREMIER ELECTRIC submitted a response to a Request for
Proposal for development at the Airport to sub-lease eleven and one tenth (11.1) acres of land at the
Airport and to develop thereon a 35,000 square foot assembly, packaging, warehousing and
distribution facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida, 34114. The Authority is charged with the operation and maintenance of the Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit to the Authority two (2) copies of the dimensions; height and footprint
for the proposed 35,000 square foot facility, within thiliy (30) days of this LOU.
3. Tenant shall coordinate all SDPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS, whose contact information is as follows:
Andres Guitierrez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres gutierrez@urscorp.com
(Tenant's Initials)
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Immokalee RegIonal Airport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced sub-leasehold Premises. Tenant will reimburse the
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a
not to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty
(30) days of the receipt of the dimensions; height and footprint for the proposed 35,000
square foot facility.
6. Tenant shall submit a complete SDP application package to include plans and specifications
in the form required by the Collier County Community Development and Environmental
Services Department (CDES) with the required number of copies to the Authority and/or the
Authority's designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer has agreed to apply to the South
Florida Water Management District ("SFWMD") for a modification to the Authority's
SFWMD permit #11-00999-S dated April 19, 2005, for the proposed development at the
Airport within thirty (30) days of the receipt of the SDP from the Tenant.
8. All other required submittals for the SDP process shall be submitted within the required
timelines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review of the amended SDP submitted to CDES all comments must be
addressed by the Tenant within ten (10) days of the first (1st) review response and returned
to the Authority and/or the Authority's designated Engineer for resubmittal. Any comments
not completely addressed within the ten (10) days by the Tenant will be cause for Tenant's
project to be removed from the SDP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional
comments, all comments must be returned to the Authority and/or the Authority's
designated Engineer within ten (10) days of the second (2nd) review response and returned to
the Authority and/or the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time
required Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairman
ROBERT FORBIS, INC. D/B/A PREMIER ELECTRIC MACHINE & STEEL, INC.
Date:
Robert C. Forbis, Owner-President
(Tenant's Initials)
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Immokalee Regional Airport ,~ December 12, 2006
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 27 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
(Tenant's Initials)
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Page 24
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I k I R. I Ai rt .~ .~ ..~" . v
mmo a ee eglOna rpo December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 28 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
(Tenant's Initials)
Y :\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy tl-28-06.doc
Page 2S
.
Immokalee Regional Airport ''''December 12,2'0
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 29 of
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
^
., .~ 3
6
2
Exhibit "D"
August 9, 2006
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioners,
My name is Robert C. Forbis. I am the ovmer of Robert Forbis Inc. dba Premier Electric
in Naples. I currently employ almost 600 people, the majority of which live in Collier
County.
1, along with my immediate family members, am interested in developing a commercial
project at the Immokalee Regional Airport. In order to minimize risk and not create an
oversupply of rental space in the area, we would do this project in several phases.
The first phase would be built immediately for the exclusive use of my company Premier
Electric_ This project would need to be fast tracked. as my need for space is urgent. I am
renting space in several locations right now on a short-term basis, while I wait for this
building to be built. This is very inefficient, as it all needs to be under one roof. The only
available space that can accommodate my operation right now is in Ft. Myers. Ifwe can
make this work 1 will not have to relocate this operation to Lee County.
I would also set up the ownership of the leased land and the buildings in three separate
LLC's. One owned by RCF Investments LLC, which would consist of an approximately
45,000 sq.ft. building, expandable to approximately 90,000 sq.ft. in the future as need
demands, that would he rented to my company Robert Forbis Inc. dba Premier Electric
for our assembly and packaging operation. This LLC's members consist of myself, my
wife Debra Forbis, my son Robert Forbis, and my daughter Jennifer Singleton.
The second phase would be a flex space building (office in front, warehouse in back) of
approximately 30,000 sq.ft. that would bc rented out to other smaller businesses in the
area that would be O\vned by an RAF Investments LLC that my son Robert A. Forbis is
the sole member. The third would be an identical building that would be owned by JJ
Investments LLC, ,vhich my daughter Jennifer Singleton is the sole member. She and her
husband Bart Singleton, will manage this portion of the lease.
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-28-06.doc
Page 26
" . ,~
I k I R. I Ai ':;1' ,~~ "v," ,.'V. v 3
mmo a ee eglOna rport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 30 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Exhibit "D"
I would like to lease the land in three stages as the buildings are built. The first phase,
which I would lease immeadialty, would be approximately 5.83 acres, and the second
phase would be approximately 1.5 acres and third phase would be approximately 3.53
acres. This whole area ofland would encompass approximately 10.86 acres and provide
the county with $47,306.00 in annual rent at the current fair market value of $.1 O/sq.ft.
We would expect the rent to be adjusted annually to reflect the fair market value in the
area, but in no case more than the rate of increase of the Consumer Price Index (CPI) for
that year.
The 45,000 to 90,000 sq. ft. building, will cost approximately $2,250,000 for the first
phase and about the same for the second Yz of that building for a total of that building of
$4,500,000 invested. This building that we have shown on our site plan on the north side
of the project, will be designed for my Premier Electric assembly, packaging, and
distribution operation. Although I will be using the building exclusively, I have designed
it so that it will accommodate any distribution operation. The north side of the buildings
will have storefront glass, and the south side will consist ofloading docks with a motor
court for large trucks. The buildings will be 30' to 40' high.
The 30,000 sq. ft. buildings on the south side will be only 20' high and will have
storefront glass on the south side and roll up doors on the back side facing the motor
court. These buildings will be split up into 25' wide bays x 100' deep so a potential
tenant will be renting in units of2500 sq. ft. or larger. These buildings will cost
My assembly, packaging, and distribution operation will provide many jobs for the
Immokalee area. I can see it employing several hundred people in the years to come. I
will use this facility to serve the supply needs for my projects and all over the state. I will
also expand as I take on supplying other businesses that seek to gain productivity through
the use of my system of preassembling products. So as my business keeps growing the
operation will too. The fact that you will have customs available on site and that it is a
free trade zone is very important to me as the majority of the products I use are imported.
Every month I receive dozens of 40' shipping containers from around the world. I also
use airfreight for some of the items.
For this investment, in this site which is in an area that is just beginning to emerge, we
would like a lease for as long as possible. We would like this to be a 50 year lease.
The team doing this development will consist of all of myself, my son Robert A. Forbis,
and my son-in-law Bart Singleton. I will be managing the operation, and my son and son-
in-law will be helping with the details. The design, permitting, and construction will be
handled by a professional design-build contractor with many years of experience in this
area. We have not finalized the selection of this contractor, and will not do so until we are
notified we will be accepted, but it will be a firm that does at least $400,000,000 million
in sales annually, so this project will be no problem for them to expedite.
All ofthe above items are the way we would like to see the property developed. We are
willing to negotiate with the county and airport on any of the above items to make this
(Tenant's Initials)
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mmo a ee eglOna rport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 31 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
Exhibit "D"
work for he benefit of both parties. I Robert C. Forbis will be the primary contact
regarding this development. If you would like to reach me my phone number is 239-641-
8000 and my address is 1443 Railhead Blvd., Naples, FL 34110
If you should have any questions please do not hesitate to contact me.
Robert C. Forbis
(Tenant's Initials)
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Jmmokalee RegIOnal Airport December 12, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 32 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., d/b/a Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard
form provisions. They are: NONE
[If "None" state "None."]
*******************************************************
[- EXAMPLE -]
REVISED EXHIBIT "E" _1ST REVISION
Amendments
First Amendment to this Agreement, effective on the _ day of
,2
: are:
,etc.
Appropriate signature blocks
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-28-06.doc
Page 29
Agenda Item No. 16G4
December 12, 2006
Page 1 of 30
-
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease
Agreement between the Collier County Airport Authority and Salazar Machine
& Steel, Inc. at an initial rent of Two Thousand Dollars ($2,000) per year for the
construction of a minimum 20,000 square foot manufacturing facility on one
and one-half (1.5) acres at the Immokalee Regional AirportlTradeport.
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and Salazar Machine &
Steel, Inc.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
AirporUTradeport (Airport). Salazar Machine & Steel, Inc. submitted a proposal to
construct a minimum 20,000 square-foot manufacturing/warehouse facility on one
and one-half acres (1.5) at the Airport.
,-
The Authority and Salazar Machine & Steel, Inc. negotiated a thirty-five (35) year
Sub-Lease Agreement at an initial rent of ten cents ($0.10) per square foot per year
for the footprint of the building (20,000 square feet), which equates to Two Thousand
Dollars ($2,000) for the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007. Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed manufacturing/ warehouse facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
RECOMMENDATION: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached thirty-five (35) year Sub-
Lease Agreement between the Collier County Airport Authority and Salazar Machine
& Steel, Inc. at an initial rent of Two Thousand Dollars ($2,000) per year for the
construction of a minimum 20,000 square foot manufacturing/warehouse facility on
one and one-half (1 .5) acres at the Immokalee Regional AirportlTradeport.
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1684
December 12, 2006
Page 2 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G4
Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the
Collier County Airport Authorily and Salazar Machine & Sleel. Inc at an initial rent of Two
Thousand Dollars (52,000) per year for the construction of a minimum 20,000 square foot
manufactunng facility on one and one-half (15) acres at the Immokalee Regional
AlrportfTradeport
12/12/2006 9:00:00 AM
Executive Director
Date
Approved By
Theresa M. Cook
County Manager's Office
Airport Authority
11/28/2006 4:24 PM
Thomas Palmer
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
111301200612:31 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of r.bnagement & Budget
11/30/20062:10 PM
Randy Greenwald
Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
12/1/200611:40AM
Michael Smykowski
Management & Budget Director
Pate
Approved By
County Manager's Office
Office of Management & Budget
12/4/2006 9:50 AM
Approved By
James V. Mudd
Board of County
Commissioners
COlmty MlInager
Date
County Manager's Office
1214120066:46 PM
-
.
.
Agenda Item No. 1684
December 12, 2006
Page 3 of 30
RESOLUTION NO. 06-44
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING THAT THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND AUTHORIZE ITS
CHAIRMAN TO EXECUTE A THIRTY-FIVE (35) YEAR SUB-lEASE AGREEMENT BETWEEN THE
COlliER COUNTY AIRPORT AUTHORITY AND SALAZAR MACHINE & STEEL, INC. AT AN INITIAL
RENT OF TWO THOUSAND ($2,000) PER YEAR FOR THE CONSTRUCTION OF A MINIMUM 20,000
SQUARE-FOOT MANUFACTURINGIWAREHOUSE FACiliTY ON ONE AND ONE-HALF (1.5) ACRES
AT THE IMMOKAlEE REGIONAL AIRPORTITRADEPORT.
WHEREAS, the Collier County Airport Authority ("Authority"), pursuant to County Ordinance
2004-03, as amended, manages, operates and maintains the Immokalee Regional AirportiTradeport
("Airport"); and
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related commercial
development at the Airport; and
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for
Proposal (RFP) for "Commercial Development and Use at the Immokalee Regional Airport Pursuant to
Airport Land Lease Agreement(s);" and
WHEREAS, Salazar Machine & Steel, Inc. ("Salazar") submitted a proposal to construct a
minimum 20,000 square-foot manufacturing/warehouse facility on one and one-half (1.5) acres at the
Airport, which proposal has been selected for negotiation of proposed development and terms; and
WHEREAS, the Authority and Salazar negotiated a thirty-five (35) year sub-lease term at the
initial rent of ten cents ($0.10) per square foot per year for the footprint of the building (20,000 square
feet), which equates to Two Thousand ($2,000) for the initial year, and all additional provisions of the
Sub-Lease Agreement; and
WHEREAS, the Authority & Salazar Machine & Steel, Inc. desire that the Board of County
Commissioners approve the subject Sub-Lease Agreement with Salazar Machine & Steel, Inc.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT
AUTHORITY, that the Authority recommends that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute, and thereby have the Board of County Commissioners
approve, the attached thirty-five (35) year Sub-Lease Agreement between the Collier County Airport
Authority and Salazar Machine & Steel, Inc. at an initial rent of Two Thousand ($2,000) per year for the
construction of a minimum 20,000 square-foot manufacturing/warehouse facility on one and one-half (1.5)
acres at the lmmokalee Regional AirportlTradeport.
PASSED AND DULY ADOPTED by affirmative majority vote af the Collier County Airport
Authority this 13th day of November. 2006.
A~9
The . oak, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLLIE NTY, FLORIDA
By:
Approved as to form and egal sufficiency
--.....
Y:\Administration\AA BoardlResolutions\2006 ResolutionslRes 06-44 35-Year Salazar Lease TCP comments.doc
Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~~ 24 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, (hereinafter referred to as "Authority"), a public
body existing under Collier County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite
1, Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known
collectively as the Immokalee Regional Airport (hereinafter referred to as "Airport") in Collier County, Florida; and,
WHEREAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is
the Sub-lessor and Salazar Machine & Steel, Inc. (hereinafter referred to as "Tenant") is a Sub-lessee; and
WHEREAS, Collier County through the Authority maintains designated areas on the Airport specifically to sub-lease
said areas to aviation and non-aviation related businesses, entities or individuals to develop the Airport and its
infrastructure for the general aviation community, and aviation businesses for the benefit of the citizens of Collier
County; and
WHEREAS, Tenant desires to sub-lease that portion of real property as described in Exhibit "A" attached, on the
Airport for the purpose of furthering the Tenant's Major and Minor Steel Fabrication & Design Business interests; and
WHEREAS, the Authority is willing to sub-lease that portion of real property as described in Exhibit "A" attached, and
the Authority and Tenant (hereinafter referred to collectively as the "Parties") desire to execute a written sub-lease
agreement (hereinafter referred to as "Agreement"); and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable
consideration, the following is agreed:
PART ONE OF TWO PARTS
Paragraphs 1 through 6 are unique to these Premises:
1. The Premises.
The Premises Described. The Authority hereby sub-leases to the Tenant one and five-tenths (1.5) acres of real
Property, approximately located in the NE comer of Quadrant # 3 of Section T.47.S and R.29.E of the United
States Geological Survey, with Florida State Plane Coordinates as follows: N-759332.317, E-524703.212; N-
759646.277, E-524695.998; N-759656.353, E-524914.048; N-759445.471, E-524917.001; N-759337.257, E-
524897.661 within Collier County, State of Florida, depicted on the Airport Layout Plan (ALP), which real
property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference,
together with an easement for ingress and egress to the property (hereinafter referred to as "Premises"). This is an
approximate description. Tenant shall be required to submit an official land survey to the Authority within sixty
(60) days of the execution date of this Agreement, which survey shall depict the leased Premises. Final approval of
the survey and the exact boundaries of the access easement are subject to written approval by the Authority.
2. Terms.
a. Effective Date of Agreement. This Agreement shall have no force or effect until the Authority has actual
physical possession of one (1) original of this Agreement (including all Exhibits) fully signed by the Tenant
(with two attesting witnesses), fully signed on behalf of the Authority (with two attesting witnesses), signed
as "approved to form and legal sufficiency" by an attorney employed by Collier County, and signed by the
Chairman of the Collier County Board of County Commissioners ("BCC"), and witnessed by the Deputy
Clerk. The date this Agreement is fully executed by the Chairman of Collier County Board of County
Commissioners is referred to in this Agreement as the "Execution Date."
b. Agreement Term. The term of this Agreement shall be thirty-five (35) years (hereinafter "Agreement
Term") commencing on the "Commencement Date," as hereinafter defined, and terminating thirty-five (35)
years after that Commencement Date. The Commencement Date shall be the first day of the first full month
following the issuance or receipt of a certificate of occupancy for the completed facility that Commencement
Date being the _ day of , 200_. The termination date shall be the last day of that month
in year 20_. (The Parties acknowledge that the missing information shall be added upon receipt of said
Certificate of Occupancy, which added information shall be initialed by an authorized designated
representative of the Tenant and by the Authority's Executive Director). Possession of the Premises by the
Tenant shall be deemed to begin on the Execution Date of this Agreement even if the Tenant is not actually
then in possession of the Premises. Collier County Ordinance No. 2004-03, as amended, provides that only
the Collier County Board of County Commissioners is authorized to agree to any extension of the Agreement
Term.
Page 1
(Tenant's Initials)
Y:\Immokalee Regional AirportlLeases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 84
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~~ ~ ~P~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
c. This Agreement is Contingent upon proof of Loan Commitment/Financial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate and financial ability
to construct a minimum 20,000 square foot manufacturing and warehousing facility. The proof of fmancial
ability shall be in the form of a loan commitment and/or a letter of credit or an escrowed cash payment for all
costs to complete, from an acceptable financial institution. Acceptance of the financial institution shall not be
unreasonably withheld by the Authority. Proof must be provided within ninety (90) days of the Execution
Date of this Agreement
3. Use of the Premises. Tenant, its sub-sub-]essees, or assignees shall have use of the Premises only for the
construction of a minimum 20.000 square foot manufacturing and warehouse facility. No building or land shall be
used except for the major and minor steel fabrication and design, and authorized industrial activities of the Tenant,
or assignees or sub-sub-lessees, approved pursuant to the "Permitted Uses," paragraph 11 herein, recognizing that
each use and structure must still be properly permitted by Collier County through a Certificate of Occupancy or
occupational license, as the case may be. Moreover, no use and lor occupancy shall disturb the peaceful enjoyment
of any other tenant or other occupant at the Airport, and all uses and occupancy shall always conform to all then
current (as then revised or superseded) Jaws, standards, rules, regulations, codes and all other written applicable
policies of every type and description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay Rent to the Authority. (The same being the
fIrst Rent payment date). The amount of the annual Rent shall be determined by multiplying ten cents ($0.10) per
square foot times the fOOtplint of the Building (20,000 square feet) for the first five (S) vears of the sub-lease.
Therefore, the Rent for the first sub-lease year shall be Two Thousand Dollars ($2,000.00) plus Florida sales tax.
For each sub-lease year subsequent to the first sub-lease year the annual Rent shall be increased by one percent
(l % ), which increase shall become effective on the anniversary of the Commencement Date throughout the term of
this Agreement. Commencing on the first month of the sixth year of the sub-lease, the Rent shall apply to 65,340
square feet, the total area of the Sub-leased Premises. Additionally, the Rent shall be increased at the end of the
fifth sub-lease year to the current Fair Market Value (FMV) (as defmed by the Federal Aviation Administration
Rules & Regulations) land lease rate per square foot per year. The Rent shall be increased again at the end of the
tenth, fifteenth, twentieth, twenty-fifth and thirtieth anniversaries of the Commencement Date to the then current
FMV land lease rate per square foot per year. These incrementally increased Rent payments shall be billed
(invoiced) to the Tenant prior to the end of each such anniversary date.
5. Time Restrictions for Construction of Initial Development.
ConstIUction ofa minimum 20.000 square-foot manufacturing and warehousing facility must be substantially
completed (as custommily defined in American Institute of Architect General Conditions Document AlA 20]) on
or before the first day of the 24th month after the Execution Date of this Agreement. Final completion must not
be later than forty-fi ve (45) days after substantial completion.
6. Notices. Whenever any notice is required or pelmitted hereunder, such notice shall be in writing. Any notice or
document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually
received or not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt
requested, and addressed to the parties at their respective addresses, as set forth below. Tenant shall have a
continuing obligation to notify the Authority's Executive Director, in writing, of each and every change in this
address. The Authority shall also have a continuing obligation to notify the Tenant in writing of each and every
change to its address, if any. "Notice" is not an amendment to this Agreement and, therefore, is not subject to
paragraph 33.
Collier County
Airport Authority
200S Mainsail Drive, Ste. I
Naples, FL 34114
Salazar Machine & Steel, Inc.
160 Airpark Blvd_
Immokalee, FL 34142
PART TWO OF TWO PARTS
All of the following paragraphs (7 through 39) are Standard Form paragraphs. Amendments to any of these paragraphs
must be made in paragraph 33. "Special Provisions."
(Tenant's Initials)
Page 2
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Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~~ 26 ;b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
7. Fees and Charges. Tenant shall pay the following fees and charges:
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred
Dollars and no cents ($500.00), which must be received by the Authority's Executive Director within ten (10)
days after the date this Agreement is approved by the Collier County Board of County Commissioners and
executed by its Chairman and attested to by the Clerk. The Authority's Chairman shall not sign the
Agreement until after this fee has been delivered to the Executive Director.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority:
(a) on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed
to reimburse the Authority; or (b) amounts which the Authority after reasonable advance notice to Tenant
elects to payor incur because of Tenant's failure, neglect, or refusal to perform or fulfill any of the terms and
conditions of this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same
shall be payable in full along with the payment of all other payments due hereunder within thirty (30) days of
the receipt of Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments
shall include interest, costs (including reasonable attomeys' fees), damages, and penalties that may have been
incurred by the Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at its then current
and correct address.
d. Late Payment Fee. Tenant shall pay a late payment fee of ten percent (10%) of the late Rent, fee and/or
other late payment. If the late payment and late payment fee is not actually received in full by the Authority's
Executive Director within thirty (30) of its due date, the late payment fee shall automatically increase another
ten percent (10%) for each additional thirty (30) days until the Authority's Executive Director receives the
full overdue payment and all late payment fees.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the
Tenant shall be separate and independent covenants and agreements, that the Rent payments to be made by
the Tenant and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be
payable in all events and that the obligations of the Tenant shall continue unaffected, unless the requirement
to pay orperfonn the same shall have been terminated pursuant to an express provision of this Agreement.
f. Due In Advance. All Rent payments shall be due and payable each month in advance, begirming on the
applicable first Rent payment date and continuing regularly on a monthly basis without notice from the
Authority thereafter during the Agreement Term. However, the Authority may elect to invoice payment
notices. All subsequent payments shall be due (paid in advance for each respective month) on the first of
each month thereafter. The Tenant can elect to pay one year's Rent in advance.
g. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months (or
Rent ever being in arrears in the amount of three (3) months) shall be considered a Material Default of this
Agreement. No time to cure default provisions in this Agreement shall apply to late Rent payments.
8. No Refunds. Tenant shall not be entitled to a refund of any Rent, fees or other charges whatsoever, except
overpayments shall be credited to the Rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shall
maintain insurance as outlined in Exhibit "B." Such insurance shall name the Collier County Board of County
Commissioners as an additional insured. This insurance shall have an aggregate limit as required to meet the
then existing mandatory requirements of the Collier County Risk Management Department. Tenant shall
maintain coverage of all improvements to the Premises. Such insurance shaIl always be with a company
licensed and authorized to conduct that insurance business in the State of Florida. The Tenant shall furnish
annually to the Authority on or before the anniversary of the Commencement Date of this Agreement, a
certificate or other approved written evidence and proof of maintenance of the above-required insurances.
Tenant shall provide the Authority with written notice of any change thereof, and furnish to the Authority
evidence of acquirement of a substitute therefore, and payment of the premium thereof. Each such notice
must be received by the Authority not later than ten (10) days after each such change. If the Tenant fails to
maintain all such insurance coverage, then the Authority may obtain same and add all costs thereof to the
total cost of such insurance and bill the Tenant accordingly, this may include monthly or annual billing,
(Tenant's Initials)
Page 3
Y;\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~~ 27 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
determined by the Authority. If the Authority does so, it shall charge and Tenant shall pay interest
thereon at the rate of fifteen percent (15%) per annum from the time of payment and shall be collected as
an additional charge.
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds,
construction insurance and/or all other insurance required by CoIlier County Risk Management
Department, which is set forth within Exhibit "B." Such proof of construction insurance must be
provided to the Authority's Executive Director prior to commencement of construction.
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and
the Authority, their elected officials, their unelected officials, employees and agents, in their official and
individual capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged
to arise out of, or indirectly connected any operations of the Tenant under this Agreement, and/or arising out
of the presence at the place of business, or improvements thereto, of any agent, guest, customer, supplier,
contractor or subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the
negligence or willful misconduct of Collier County or the Authority, their elected official, their unelected
officials, employees or agents, in their official and individual capacities. The amounts of insurance
maintained by the Tenant shall not be deemed a limitation on Tenant's agreement to indemnify Collier
County and the Authority. If Collier County and/or the Authority become liable for any of the same in an
amount in excess of the insurance, Tenant shall indemnify the Authority for the whole thereof.
10. Rules and Regulations. All activities conducted at the Airport will be done in adherence to the Authority's
Airport Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State, County
and local Laws, Ordinances, Rules and Regulations.
Property Management. The Authority shall be the sole sub-lessor/lessor of Airport property and facilities at
the Airport. No individual or entity shall provide any property management services without being authorized
to do so by appropriate written agreement with the Authority.
11. Permitted Uses.
a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Premises, and/or
any improvements thereto, for any purpose or use other than those expressly and specifically authorized by
this Agreement. Additional uses may be hereafter authorized by the Authority, but only upon such terms and
conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement
by Amendments to this Agreement. See Section 33, Exhibit "E." Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without
the prior expressed written approval of the Authority. Authorization may be denied for any reason in the sole
and absolute discretion of the Authority as long as this judgment is made on a good faith basis. Tenant
understands that a violation of this Section is a Matelial Default and may be considered by the Authority as a
breach of this Agreement. Tenant shall make no use of the Airport, which in any way interferes with the safe
conduct of the Airport, including any aircraft operation.
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written permission from
the Authority prior to commencing or pennitting any commercial use of the Premises not specifically listed or
additional improvements thereto, in accordance with the then CUlTent Airport policies, codes, Iules,
regulations and/or other standards. The Tenant shall at all times maintain and pay for any required permits,
licenses, insurances, and taxes as then required by law.
c. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of
such covenants, agreements and conditions required by law, and/or by this Agreement, shall and may,
peaceably and quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use
shall be free from molestation, eviction or disturbance by the Authority or any person claiming by, through,
or under The Authority, subject to the terms and conditions of the law or agreement entered into. Such quiet
enjoyment is conditional upon Tenant adheling to the conditions, provisions and terms set forth in this
Agreement and without limitation, all other laws, codes, rules and lor regulations referred to anywhere in this
Agreement.l
12. Construction and Ownership of Improvements, Liens, Mortgages and Other Encumbrances.
(Tenant's Initials)
Page 4
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~~ 28 ~ gg
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County
for the development of a taxiway and a lake. This SDP does not identify any specific Premises or proposed
individual developments beyond the taxiway and lake. An amendment of the SDP specifying the Premises
and the proposed Tenant's improvements must be submitted to and approved by Collier County before
Tenant may begin development. This will require that Tenant prepare and submit to the Authority, in the
manner and detail required by Collier County, information on its proposed development. The Authority will
use this information to amend the SDP. Once such requirements have been established, and communicated in
writing by the Authority to Tenant in the Site Development Plan Letter of Understanding (SDP LOU),
Tenant's failure to submit such plans and specifications in the correct form or within the time required will be
an event of default in this Agreement allowing Authority to terminate this Agreement without recourse to
Tenant. The cost of all licenses and permits and any applicable impact fees relating to the specific Premises
development shall be at Tenant's expense.
b. Site Development Plan Letter of Understanding (SDP LOU). The SDP LOU outlines the submittal
process, performances and procedures as attached in Exhibit "e." By entering into this Agreement,
Tenant agrees to all terms and conditions of the SDP LOU.
c. Construction Approvals. Tenant shall diligently obtain any approvals that are Tenant's responsibility and
are required prerequisite to construction of Tenant's improvements. Tenant shall commence such
construction promptly after the required prerequisite approvals have been obtained, and tenant shall diligently
pursue its construction to fmal completion. The approvals that Tenant must acquire include Collier County
building permit(s) that authorize the respective improvements to be constructed by Tenant, including Tenant's
SDP and other such permits that are Tenant's responsibility. The following approvals and/or permits will be
coordinated through the Authority: as per the SDP LOU, the SDP and modification of the South Florida
Water Management District permit. All such improvements shaIl be constructed in strict accordance with the
approved Tenant's plans and specifications (collectively, the Tenant's Plans), prepared under the seal of a
duly licensed in Florida architect or engineer, and all applicable building codes, zoning regulations, and
county, state, and federal laws, ordinances, rules and regulations unless a written waiver or written exemption
has been obtained from the appropriate authority. Within ninety (90) days after completion of construction of
Tenant's improvements or any other improvements, Tenant shall, at its expense, provide the Authority with
record drawings showing the "as built" condition of all such improvements. Tenant hereby warrants and
covenants that all improvements now or hereafter erected on the Premises shall be at all times free and clear
of all liens, claims, and encumbrances arising in connection with the construction of such improvements and
hereby agrees to indemnify and hold the Authority and Collier County harmless from and against any and all
losses, damages, and costs, including reasonable attorneys' fees relating to or arising out of any such lien,
claim, or encumbrance. If any lien or notice of lien on account of the alleged debt of Tenant (or any notice of
contract by a party engaged by Tenant or Tenant's contractor(s) to work on the Premises) shall be filed
against the Premises, Tenant's interest therein or in any improvements, then Tenant shall, within thirty (30)
days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond,
order of a court of competent jurisdiction, or othelwise. No work hereunder shaIl be commenced until Tenant
has, at its sole cost and expense, provided to the Authority from companies reasonably acceptable to the
Authority and Authority's attomey: (1) a surety performance bond for the benefit of Collier County and the
Authority in a form prescribed by the AuthOIity in an amount equal to the total estimated cost of the work,
which performance bond shall guarantee the prompt completion of the work by Tenant in accordance with
the approved Tenant's plans; (2) a surety payment bond for the benefit of Tenant and in a form prescribed by
the Authority and in an amount equal to the total estimated cost of the work, which bond shall guarantee the
payment by Tenant of all contractors and subcontractors, etc. (at every tier) charges and the charges of all
other persons and firms supplying services, labor, materials, or supplies in connection with the work; and (3)
a policy of builder's risk insurance issued upon telms acceptable to the Authority. Notwithstanding the
foregoing, the provisions of (I) and (2) above shall not be applicable to work costing less than two hundred
thousand dollars ($200,000.00) for which Tenant has obtained an express written waiver of the bonding
requirements from the Authority in advance of awarding a construction contract for such work.
d. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting
the consent or request of the Authority, express or implied by reference or otherwise, to any architect,
engineer, surveyor, contractor, subcontractor, etc. (at every tier), laborer, materialman, supplier or mechanic
Page 5
(Tenant's Initials)
Y:llmmokalee Regional Airport\Leases\SalazarISaIazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 84
TradePort Manufacturing License and Sub-Lease Agreement _ October~~~r 1 ~ 2P~~
Collier County Airport Authority, Sub-Lessor (Authority) ge 0
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
for the performance of any labor or the furnishing of any materials, supplies or services requested by Tenant
for or in connection with the Premises or any part thereof. Notice is hereby given that neither Collier County
nor the Authority shall be liable for any labor or materials, supplies or services furnished or to be furnished to
Tenant upon credit, and that no mechanics or other lien for labor, materials, supplies or services shall attach to
or affect the fee or reversionary or other estate or interest of the Authority or Collier County in the Premises,
or in any improvements, or in this Agreement. All Persons dealing with the Premises and with Tenant are
hereby put on notice that Tenant does not have the power to deal with the Premises in such a manner as to
authorize the creation of mechanics liens, by implication or otherwise and all Persons making improvements
to the Premises, either by doing work or labor or services or by supplying materials or supplies thereto, at the
request of Tenant or Persons dealing by, through or under Tenant, are hereby put on notice that they must
look solely to Tenant and not to the Premises or any part thereof or to any improvements, or to this
Agreement for the payment of any services, labor, materials or supplies performed upon or delivered to the
Prernises. "Persons" refers to individuals and all entities.
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the
performance, commencement, or completion of any of the work to be performed by such party under this
Section 12 if such failure to perform, commence, or complete any or all of such work is due to circumstances
beyond its control, such as, and not limited to, a strike, lockout, labor dispute, shortages of materials, supplies
or labor, fIre or other casualty, litigation or governmental action or inaction, or delay or acts of war, including
acts of terrorism. For purposes of this Section the acts of a third party shall not be deemed to be within the
control of Authority, Collier County or Tenant unless Authority, Collier County or Tenant, respectively,
authorized such acts.
f. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fixtures and
other lawfully present personal property on the Premises, all of which shall be and remain the property of
Tenant and may be removed at any time during the term hereof and within thirty (30) days after expiration or
earlier termination of the term hereof; provided, however, that, absent written approval to remove from the
Authority, Tenant shall not remove any such item while in default of Agreement. Tenant shall, at its own cost
and expense, repair any damage to the Premises caused by such removal in a manner reasonably acceptable to
the Authority. Failure to remove trade fixtures or other personal property as provided herein shall not
constitute a holdover by Tenant, but all such property not removed within the time specified above shall be
deemed to have been abandoned by Tenant, in which case, the Authority may either use or dispose of the
same as it shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's
expense. The terms trade fixtures and other personal property shall not include (1) any item hereafter
installed or erected thereon by the Authority or at its expense or (2) any item affIxed to the Premises or to any
improvement which cannot be removed without material injury to the Premises or to any improvement,
whether or not installed by and at Tenant's expense_
g. Removal of Tenant's Property in the Event of a Default. rfupon the expiration of the Lease Tenn hereof
or earlier termination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its
option, give notice to Tenant that Tenant may, within fifteen (1S) days after the date such notice is given,
remove its trade fixtures and other personal property, provided that such removal will not result in material
injury to the Premises or any improvement, and that Tenant shall at its expense repair any damage to the
Premises and/or to any improvement caused by such removal in a manner acceptable to the Authority. In
such event, any trade fixtures or other personal property not so removed within such time period shall be
deemed to have been abandoned by Tenant, in which case the Authority may either use or dispose of the
same as it shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's
expense.
h. Title to Improvements. Title to both the Authority's Improvements and to such of the Tenant's
improvements that are not trade fIXtures or other personal property shall be and vest in the Authority upon the
expiration or early termination of this Agreement. Tenant hereby covenants to promptly execute and deliver
to Authority any and all instruments or documents that Authority reasonably requests to effectively transfer,
assign, and otherwise convey full title to such Improvements in fee to Authority.
(Tenant's Initials)
Page
6
Y:\lmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ 112ci ~P~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
i. Tenant's Improvements. Tenant will at its own expense, in the time prescribed in paragraph 9, page 3 of
this Agreement, make all of Tenant's improvements listed on Exhibit "D" hereto. Tenant must complete
building according to approved plans and specification. Tenant has committed in Tenant's proposal to
construct Tenant's promised improvements. Tenant's development dates can be extended in writing by the
Authority's Executive Director provided Tenant's written request for each requested extension proves that the
extension would not be necessary but for the authority's failure to act promptly or other breach of a clear duty
or clear responsibility of the Authority owed to Tenant.
j. Authority Approval Required. Tenant shall submit the Tenant's Plans to the Executive Director for
approval by the Authority. No construction of any type shall commence prior to Tenant's receipt of: (1) the
Authority's written approval of the Tenant's Plans, which approval shall not be unreasonably withheld or
unreasonably delayed and (2) a "Notice to Proceed" from the Authority's Executive Director.
k. Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or
other encumbrances (except mortgages(s)) placed upon the Premises due to actions and lor inactions of
Tenant, or through Tenant, shall by Tenant, be completely and absolutely removed as soon as possible: and in
all events no mortgage, lien or any other encumbrance shall be upon this Agreement or upon any
improvement at the end of the Agreement Term of this Agreement. An "encumbrance" is anything that
results in Collier County receiving anything less than complete marketable title to all improvements and lor
anything less than a total and complete unencumbered return of the Premises to the Authority.
1. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and
approval. A copy of which shall be submitted to the Authority upon submittal to the FAA and no later than
ninety (90) days after the Execution Date of this Agreement. A copy of the response or determination from
the FAA shall be provided to the Authority no later than ten (10) days after Tenant's receipt from the FAA.
The Tenant is required to construct improvements on the Premises in accordance with all applicable Federal,
State of Florida, Collier County and local codes, pemlits, rules, and regulations. Tenant shall begin such
process with no less than proof to the Authority of submission of a building permit application to Collier
County not later than sixty (60) days following approval of the Site Development Plan by Collier County.
Ill. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County
and/or the Authority, shall pave all access from the Premises, andlor any and all improvements thereto, to
roads, and such construction shall match the existing grade. The pavement shall be within Tenant's access
easement(s) for ingress and egress to the Premises.
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not
constitute the assumption of any liability by the Authority for the compliance or conformity of the Tenant's
Plans with applicable building codes, zoning regulations, or county, state, and federal laws, ordinances, and
regulations, nor for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely
responsible for Tenant's Plans, and the Authority's approval of the Tenant's Plans shall not constitute a
waiver of the Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that
they comply with applicable building codes, zoning regulations, county, state, or federal laws, ordinances, or
regulations, and to make such construction changes as are necessary so that the completed work is in
confonnity with the Tenant's Plans as amended. In the event the Authority refuses to approve Tenant's
Plans, the Authority shall notify Tenant of the changes required to be made, and Tenant may revise Tenant's
Plans to incorporate the required changes and then resubmit revised Tenant's Plans to the Authority for
approval. The Authority shall attempt to reply in writing to Tenant's submitted Plans within forty-five (45)
days after Authority's receipt of the submitted Plans, regarding Authority's approval, approval subject to
required changes, or other response to Tenant regarding Tenant's submitted Plans. Tenant shall always be
granted a reasonable time to make the required amendments or otherwise comply with the Authority's
respective written response to Tenant.
(Tenant's Initials)
Page 7
Y:\lmmokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~e~ 111 ; )~g
Collier County Airport Authority, Sub-Lessor (Authority) g
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
o. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental permitting and/or any other permitting, permission or other authorization that is not completed
to the desires of Tenant for any reason whatsoever, including and not limited to fmancial restraint(s),
management, seen and/or unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any
other circumstances whether or not under the control of Collier County and/or the Authority, and/or any now
existing, new, amended and/or superseding Florida law(s)and/or Federal law(s), State of Florida and/or
Federal mandates, rules, regulations related directly or indirectly to any and all such permitting, mitigation or
any other reason that does or may impede and/or delay Tenant from fulfilling its obligation under this
Agreement.
p. Additional Improvements Constructed During the Agreement Term. Tenant may be authorized by the
Authority in writing by paragraph 33. "Special Provisions" to construct additional improvements or
modifications during the Agreement term, adhering to the requirements of those codes, rules and regulations
then in effect and applicable to the Authority.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Tenant Shall Maintain. Tenant shall maintain, at no cost or expense to the County or the Authority, the
Premises and any improvements, ftxtures and equipment on the Premises in a safe, sanitary, orderly, and
sightly manner, in accordance with all applicable laws, codes rules and regulations. Tenant shall also
maintain the cleanliness of all paved area on the Premises, and shall be responsible for mowing all grass,
watering grass, controlling weeds, and maintaining shrubs and trees, etc., on the Premises.
b. Condition of Premises. No Representations or Warranties. The Tenant has inspected the Premises and
agrees that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly
set forth in this Agreement, Authority has made no representations or warranties relating to the suitability of
the Premises for any use. The Authority shall have no obligation whatsoever to repair, maintain, renovate, or
otherwise incur any cost or expense with respect to the Premises or any of the AuthOlity's Improvements,
furnishings or equipment now or hereafter constructed, installed, or used on the Premises. The Authority and
Collier County shall have no liability under this Agreement to Tenant or otherwise arising out of any defect or
deficiency in the Premises or any of Authority's Improvements.
c. Erosion Control. Where the slope, telTain, or soil disturbance is such that active soil or wind erosion is
present, Tenant, at no cost or expense to Collier County or the Authority, must promptly cany out erosion
control practices to mitigate the erosion. These practices include, but are not limited to, drainage facilities
constructed and maintained by Tenant, landscaping, and/or seeding and maintaining of vegetation on
Tenant's Premises. Tenant is responsible for erosion of Tenant's site only, unless some unauthorized, un-
permitted Premises alteration results in erosion onto any neighboring site or land. "Neighboring" is not
limited to "adjacent" site or land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by ftre
or any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such destruction and/or
damage, and shall be completed within nine (9) months thereafter, if reasonably possible. Such restoration
shall be to substantially the same condition in which the Premises and/or improvements thereto was before
such destruction and/or damage. In the event that Tenant has not commenced repairs within six (6) months
from the date of said damage and thereafter completed such repairs within nine (9) months or a reasonable
time thereafter when conditions permit or allow, this Agreement may be terminated by the AuthOlity or
Collier County upon ninety (90) days actual advance written notice of Intent to Terminate provided by the
Authority to the T enant. Tenant shall have fOUlteen (14) days after receipt of same to deliver Tenant's written
response to the Authority. If a complete, comprehensive and adequate written response is not delivered to the
Authority within fourteen (14) days, or if response is not deemed to be acceptable to the Authority, then such
termination shall be made effective by deliveling a Final Tennination Notice to Tenant, which shall be
effective fOUlteen (14) days after the date of receipt by Tenant of such Final Termination Notice. Total repair
of damage by Tenant may be waived in writing by the Authority if Tenant and Authority agree that total
repair is not economically feasible under the circumstances. The Parties may also agree to Tenant's partial
repairs of the destruction and/or damage.
(Tenant's Initials)
Page
8
Y:\Immokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item No. 1 84
. . 0 1'1a.r.p.mber 12 2106
TradePort Manufacturing LIcense and Sub-Lease Agreement - ctober-:LUUbPage 12 0 30
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements
thereto is completely destroyed or so badly damaged that repairs cannot be commenced within six (6)
months and completed within nine (9) months thereafter, then this Agreement may be terminated. Tenant
shall provide to the Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to
rebuild together with statements from all insurance companies involved, in which event if the Authority
agrees to Tenant's planned rebuilding, Tenant shall be granted reasonable periods of time needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for
the conduct of Tenant's authorized activities are available on the Airport. However, Tenant shall obtain and
install underground at no cost or expense to Collier County or the Authority, all electrical, gas, water, sewer
and any other utility service needed to connect to and to receive Collier County's respective available utility
service, subject to the then current development guidelines, rules and regulations and/or building code of the
State of Florida and/or Collier County and/or the Authority.
g. Compliance with Environmental Laws. Tenant shall promptly notify the Authority of the release of any
hazardous substances on the Premises or other act or omission that results in the environmental contamination
of the Premises. Tenant shall comply with all applicable Environmental Laws pertaining to the protection of
the environment, including but not limited to those regulating the possession, storage, handling, and disposal
of Hazardous Materials. Further, neither Tenant nor any agent or party acting at the direction or with the
consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous substance as defined
in Section 101(14) ofthe Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended from time to time (CERCLA), or petroleum (including crude oil or any fraction thereof) on any
part of the Premises or the Airport; provided however, that this sentence shall not prohibit Tenant from
storing, dispensing, or using Hazardous Materials on the Premises if such activities are conducted in
accordance with all applicable laws and regulations. Tenant shall not install any petroleum storage tanks on
the Premises or the Airport without the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to
regulation by the EP A, or by Florida Department of Environmental Protection, or by any other
governmental Authority shall be stored or disposed of on the Airport except in accordance with then
applicable Federal, State and local laws, codes, rules and Regulations.
i. Environmental Assessment and Remediation. The costs of remediation of any and all environmental
damage or pollution then required by any law, code, rule and/or regulation shall be the sole responsibility of
the Tenant, including any or all such damage and/or pollution, if any, that existed prior to the execution of this
Agreement if this Agreement is not terminated for pollution related reasons as specified in this sub-
paragraph.. The Authority may for good cause require that Tenant furnish to the Authority (or to any other
govemmental authOIity or agency) a Phase I Environmental Assessment Report or other substantially similar
report regarding the Premises, in accordance with the laws, codes, rules and regulations in effect at that time.
Neither Collier County nor the Authority makes any promises, warranties or representations regarding any
such now existing damage or pollution except that neither Collier County nor the Authority is aware of any
such now existing damage and/or pollution. The Authority recommends that the Tenant have a Phase I
Environmental Assessment conducted because neither Collier County nor the Authority shall have any
responsibility with regard to now existing ground pollution at the Premises, if any, and the Tenant hereby
assumes all of those risks. If the Assessment should show that it would not be advisable that Tenant make
improvement to the Premises, that Report can be grounds that the parties mutually agree to ternlinate this
Agreement due to such pollution, or may be a basis for the parties to mutually agree to try to resolve such
pollution problems whereby Tenant can reasonably proceed to make improvements to the Premises.
j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval
by means of Collier County Sign Permit(s). The Tenant shall be responsible for all cost and expense of
installing, maintaining and repairing all such signs. Tenant shall not install, erect, paint or maintain any
temporary signs or advertising displays, such as banners, balloons, flashing signboards, and/or any
similar visual devices whatsoever, except to the extent that such are then authorized by Collier County
Code and are also approved in writing by the Authority's Executive Director.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults except default in
prompt, full payment of Rent and/or all fees. If the Tenant fails to correct the default(s) as specified by the
Authority's notice within the specified period, the Authority may, at its option, terminate this Agreement with
(Tenant's Initials)
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Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \23 ~ igg
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
at least thirty (30) days advance written notice to Tenant from the Authority of such termination. Upon such
termination, without further notice or demand, the Authority may enter upon and into the Premises, and lor
any and all improvements thereto, or any part thereof, and take absolute and sole possession of the same fully
and absolutely, and such re-entry shall not be deemed judged or otherwise considered to be any trespass,
unlawful entry or unlawful access whatsoever. In addition, the Authority may also require all operations and
or activities at the Premises to cease and all removable items be removed from the Airport.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license
fees and permit fees of whatever nature applicable to its operation levied or assessed against the Airport, or
improvements thereto. Tenant shall take out and keep current all licenses, pelmits, and certificates (City,
County, State and Federal) required for the conduct of its activities at and upon the Airport, and further agrees
not to permit any of said taxes, excise or license fees to knowingly become delinquent.
b. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State
and Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, and/or operations thereon. Such compliance shall be with any laws,
regulations, rules, ordinances or requirements, which have been or may be enacted or promulgated during the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of
the same as specified in the respective law, regulation, rule, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those
necessary and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the
Airport and or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction,
and/or designation of specific procedures applicable to any or all Airport operations whenever the Authority
or its designees, or any other governmental authority or agency (such as the FAA) may impose any of the
same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance
with this Agreement, All of the same shall be void ab initio absent prior express written consent of the Authmity,
which consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in
the Rent up to the then existing fair market value, and may require other conditions or covenants before consenting
to any of the same. Such additional Rent, conditions or covenants shall be in accord with the telms and conditions
for similar agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased,
or otherwise transfelTed or delegated, all clauses herein binding the parties hereto are also binding on any and all
successors and/or assigns, unless specifically authorized in wliting by the Authority. No novation shall be
authorized unless expressly approved by the Authority and Tenant shall have a heavy burden proving actual
necessity for any partial or whole novation.
16. Default and Termination.
a. Definition. If the Authority detel1l1ines the Tenant is in violation of any of the terms, conditions or covenants
of this Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be
considered a material default of this Agreement Each Material Default grants to the non-defaulting party
sufficient cause to terminate this Agreement.
b. Written Notice Required. The AuthOlity' Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant has infmmed the Authority in writing of Tenant's correct
mailing address. The wlitten notice shall always grant Tenant a reasonable time to cure the default(s), and
Tenant may request additional time to cure, which will not be unreasonably withheld or denied. Notice shall
be deemed to have been actually received by Tenant if (1) the Executive Director mails such notice to the
Tenant's last known mailing address ilTespective of whether Tenant actually receives such notice, or (2) such
notice is posted on the Premises. This notice provision does not apply to any late payment of a Rent, fee
and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant. Every such
notice shall be deemed to be continuing notice. This subparagraph is in addition to paragraph 29.
(Tenant's Initials)
Page 10
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Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \24 ~J~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
c. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to
being corrected and if the Tenant initiates curative action within that period and diligently pursues it until the
Tenant corrects the failure within a reasonable period of time. This notice provision does not apply to any
late payment of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore
known to Tenant. Every such notice shall be deemed to be a continuing notice. This subparagraph is in
addition to paragraph 29.
d Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within
the specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written
notice to terminate. Upon such termination, without further notice or demand, the Authority may enter upon
and into the Premises, and lor any and all improvements thereto, or any part thereof, and take absolute
possession of the same fully and absolutely, and such re-entry shaIl not be judged trespass or unlawful entry
or unlawful access whatsoever. In addition, the Authority may also require all operations and or activities to
cease and be removed from the Airport.
e. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver
of any subsequent default irrespective of how long the default may have existed.
f. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and if this Agreement is terminated due to default by Tenant.
17. Airport Development. Collier County and the Authority reserve the right to further develop the Airport as it sees
fit, without unreasonable interference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport by Collier County or the
Authority actually necessitates the partial relocation, partial removal or partial alteration of Tenant's
improvements, operations or activities from the Premises, Collier County may amend this Agreement or, if
necessary, terminate this Agreement and negotiate in good faith with Tenant to accommodate Tenant's desires
regarding another then existing and available suitable premises ("other site") at the Airport. To the greatest
extent commercially practicable, Collier County and the Authority will use their best effOIis to avoid or reduce
any and all such necessity. Tenant shall be granted full or paliial abatement of rent to the extent Tenant's
activities are harmed by such development. A taking by the Federal Govemment or by any Agency thereof, or
a taking by the State of Florida or any Agency thereof, and/or a taking by any other entity shall be controlled
by the laws, rules and regulations then applicable to that taking, including the required notices, service of
process, procedures, valuing the monetaIY amount of the taking and the amount of compensation due and
payable to Tenant and to others harmed by that taking.
b. Notice of Partial or Total Taking. In the event of any taking by Collier County or by the Authority of the
areas authorized for use by this Agreement, the Authority will provide Tenant with notice as soon as possible -
minimum of ninety (90) days notice - of such impending action. In the event of such a taking, Tenant's
obligation to pay Rent and other charges shaIl terminate on the date of the taking. In the event of a partial
taking, Tenant shall not be required to pay rent for any of the square footage taken.
c. Actions in the Event of a Total or Partial Taking by the County or by the Authority. In the case of a
total or partial taking by the County or the Authority, the value of this lease-hold estate shall be deemed to be
zero dollars ($0.00). The then current Fair Market Value ("FMV") of Tenant's Building(s), structure(s) and/or
Tenant's other long-term capital improvements to the sub-leased premises shall be determined by two (2)
concurrent and independent appraisals (one retained and paid for by party doing the taking (Collier County or
the Authority) and the other appraiser being retained and paid for by Tenant. To the greatest extent then
allowed by law, Tenant shall be paid the average of those two (2) appraisals provided the two (2) appraised
values are within twenty percent (20%) of each other. If not, a third appraisal shall be acquired and the costs
of the third appraisal shall be shared equally by the Authority and Tenant. If a third appraisal is acquired, that
appraised value shall control the FMV provided that appraised value does not exceed the highest appraised
value of the other two (2) appraisals. It the third appraisal exceeds the highest of the other two appraisals, the
(Tenant's Initials)
Page 11
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 84
TradePort Manufacturing License and Sub-Lease Agreement - Octobei2~~e~ 11~ 2 J~g
Collier County Airport Authority, Sub-Lessor (Authority) 9 0
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
controlling value shall be the average of the three (3) appraisals. Tenant will have the option of being paid the
resulting averaged FMV or, in the alternative, to sub-lease a substantially similar then existing and available
facility, if any, at another site that is suitable for Tenant's activities at the Airport. At such other site, Tenant
shall pay ground rent at the then applicable land lease rental rate, but shall not be required to pay rent on the
improvements thereon during the number of months (term of years) then remaining in this sub-lease
Agreement.
d. Partial Taking. It is impossible to envision how a partial taking (or partial takings) might affect
Tenant's ability to legally or economically continue thereafter to conduct its activities at the sub-leased
premises for the then remaining term of years of this Agreement. In the event of a partial taking by
Collier County or by the Authority, Collier County and/or the Authority shall pay Tenant the monetary
amount of the then existing appraised fair market value ("FMV") of Tenant's building(s), structure(s) and
Tenant's other long-term capital improvements to the sub-leased premises, as affected by the then
remaining term of years of this Agreement, if any. If a taking by Collier County and/or the Authority
causes Tenant to permanently cease conducting its business at the sub-leased premises as a matter of
non-compliance with any then applicable law, ordinance, rule and/or regulation, or as a matter of
economic infeasibility, and iITespective of the percentage of square footage of the sub-leased land taken,
and/or iITespective of the percentage of Tenant's building(s), structure(s) and/or Tenant's other long-term
capital improvements taken, such taking shall be deemed to be a total taking of such improvements. For
example, if a taking of less than all of Tenant's then required parking spaces results that Tenant cannot
thereafter lawfully continue its activities at the sub-leased premises, or such taking makes it economically
infeasible for Tenant to continue its activities at the sub-lease premises, such taking shall be deemed to
be a total taking of such improvements.
18. Amendments to this Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed
or amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of
competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause
or provision, which shall remain in full force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above
the surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations,
together with the light to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and
mineral rights in and under the sUlface of the Airport. However, the Authority shall not conduct any operations on
the surface of the Airport for the exploration, development or recovery of the rights and substances reserved which
would unreasonably interfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing
rights to have access to other parts of the Airport.
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing light-of-ways and/or easements of record and
all other easements granted by the Authority or Collier County to any other agreements or to other individuals
and/or entities at the Airp0I1, and to easements retained by Collier County.
b. Authority's Right to Use Existing Easements. The AuthOlity and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and lor authOlized activities of Tenant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open and
unobstructed. A perpetual easement and right-of-way for the construction, maintenance, removal and
replacement of any and all utility lines, manholes, and related facilities through, over, across and under the
Airport is hereby reserved for the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from
time-to-time relocate, in whole or in part, any easement serving the AirpOIl, provided that such relocation
does not diminish or permanently intenupt the rights or operations of the Tenant nor increase the costs to be
incuITed by Tenant. The Authority may temporarily interrupt operations and/or activities with respect to such
Easements during the peliod of relocation, and the Authority agrees to restore the Airport to a condition
(Tenant's Initials)
Page 12
Y:lImmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item NO.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \26 ~ )~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
substantially similar to the condition existing prior to any alterations thereto by the Authority. No such
interruptions shall be of a greater duration than is reasonable under the circumstances.
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in
the judgment of the Authority, may be reasonably necessary to establish and protect aerial approaches to the
Airport against obstruction, including the right to prevent persons from erecting or permitting to be erected
any improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law,
including Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all
then existing, applicable Federal laws, rules and regulations.
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant
has the right of free access, ingress to and egress from those parts of the Airport authorized for the Tenant's use by
this Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of
materials and furnishings of services and its equipment, vehicles, and machinery. The AuthOlity may, at any time,
temporarily or permanently close or consent to the closing of any roadway or other right-of-way for such access,
ingress, and any other area at the Airport or in its environs presently or hereafter used as such. In such a case, a
means of access, ingress and egress reasonably equivalent to that fonnerly provided may be substituted and
concurrently made available subject to the Airports security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor any other individual
or entity shall have no claims whatsoever against the Authority or Collier County for any damages incurred by
Tenant or any other individual and/or entity arising or occasioned by Tenant's inability to access or use the
Premises or any of Tenant's improvements thereon, for whatever reason, provided such inability to access or use of
any partes) of the sub-leased premises and/or any improvement(s) thereon would not then exist but for wholly
unjustified action or whoIly unjustified inaction of the Authority. Tenant agrees that its sole remedy against the
Authority for loss of use of the Premises and Tenant's improvements, regardless of the reason for such loss of use
or the duration thereof, shall be an abatement of the Rent due hereunder, or cancellation of the term of this
Agreement and reimbursement for the original costs depreciated of the improvements as determined by an
independent appraiser. If such inability to access or use the Premises or Tenant's improvements thereon was the
fault of the Authority, as stated hereinabove, and such peliod exceeds thirty (30) days, the parties agree that the
Term of this Agreement shall be extended by the nunlber of days that Tenant was unable to access or use the
Premises or Tenant's improvements.
26. Authority's Right to Enter. The Authority, its officers, agents and representatives, subject to any security
regulations imposed by any govemmental authority, shall have the right to enter all parts of the Premises at
reasonable hours when Tenant or Tenant's representative is present, to inspect the same when reasonably required
and as it may deem necessary or desirable.
27. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request
by the Authority any repOli or repOlis and/or information regarding Tenant's operations and/or activities at the
Airport. The Authority agrees to receive from Tenant, upon request by Tenant, any repOIis the Tenant deems
appropriate for the purpose of keeping the Authority informed of any operational problems and of any suggested
improvements at the Airport. "RepOIi" or "information" refers to documents, papers, plans, etc. that are in the
possession of Tenant or possession of which is reasonably obtainable by Tenant. This provision does not require
Tenant to wlite or compose any such RepOIi or information.
28. Automobiles and Other Verodes. The Authority reserves the exclusive right to control, by security gate, uniform
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ranlp areas on the Airport.
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attorneys fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees
and costs, expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each
party shall be responsible for all of its costs and fees.
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards,
Page 13
(Tenant's Initials)
Y:\Immokalee Regional AirportlLeaseslSalazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item No.1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \2.; ~ )~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Agencies, or Commissions relative to the ownership, operation or maintenance of the Airport. However unless the
Authority has no discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably
interfere with the authorized operations and/or authorized activities of Ten ant. The burdens of proof and persuasion
shall be on the Tenant.
31. Termination of Agreement. At the conclusion of the Agreement's Term, the facility and any improvements to
the Premises automatically becomes the property of Collier County upon such termination, and without further
notice or demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or
any part thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be
deemed to constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all
associated and permitted operations to cease and be removed from the Premises. This paragraph shall not apply to
Tenant's trade ftxtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant
without physical damage to the Premises, building and/or structure, and each item is removed from the Premises
prior to a scheduled Termination date of this Agreement. If the Termination date of this Agreement is not
scheduled (not known to Tenant unless and until Tenant receives written Notice of the Termination date from the
Authority's Executive director), Tenant shall have thirty (30) days to remove the items after the date of Tenant's
receipt of such Notice.
32. Event of Holding Over. Holding over constitutes an Extension of the Term of this Agreement. In the event the
Authority approves in writing any holding over by the Tenant, all provisions of this Agreement shaIl remain in full
force and effect and the Tenant shall continue to pay all amounts required to be paid by it to the Authority in
accordance with the terms and conditions applicable herein together with a fair market rental on any improvements
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the
tenancy at will is terminated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None,"
specify "NONE".) All amendments to this Agreement and/or any other Exhibit shall be depicted on the
applicable Revised Exhibit "E," including text of each amendment and the effective date. If the amendment
amends text that then exists in this Agreement (or in another Exhibit) it shall be depicted by strike-thru and
underline format. If the amendment only inserts new text into this Agreement (or into another Exhibit), the
amendment shall clearly specify all added text. The purpose of these Exhibits "E" is to facilitate understanding
how this Agreement differs from the Authority's Part Two Standard Form Sub-lease as of the Execution Date.
The purpose of Revised Exhibits "E" is to make a comprehensive and cumulative history of all amendments to
this Agreement. Each party to each Revised Exhibit "E" must affix his/her initials and date of affixing initials
to each page of each Revised Exhibit E.
34. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement
shall be conducted in the applicable Florida Court(s) in Collier County to the greatest extent the issues are
within the Court's jurisdiction.
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any party.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement.
38. Time is of the Essence. Throughout this Agreement, time is always of the essence.
39. Exhibits. Exhibits A, B, C, D, and E attached and made part of this Agreement:
A. EXIllBIT "A" LEGAL DESCRIPTION OF PREMISES.
B. EXIllBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS
C. EXHIBIT "C" SITE DEVELOPMENT PLAN LETTER OF UNDERSTANDING (SDP LOU)
D. EXHIBIT "D" TENANT'S PROPOSED IMPROVEMENTS
(Tenant's Initials)
Page 14
Y:\Immokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \~ ~ l~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
E. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS)
N WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this Agreement to be in
effect as of the date fIrst written below.
Executed on this date
Approved by Purchasing by
this _ day of
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form
and legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
ATTEST: TWO WITh'ESSES
SALAZAR MACHINE & STEEL, INC., LLC
By:
FIRST WITNESS
Pete Salazar, President
(Tenant's Initials)
Page 15
Y:Ilmmokalee Regional Airport\LeasesISalazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item No. 1 ~G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ \29 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Print Name
(Corporate Seal)
SECOND WITNESS
Print Name
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Page 16
Immokalee Regional Airport Agenda Item NO.1 84
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ ~20 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 65,340 square feet of land.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the Authority.
Page 17
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\SalazarISalazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ ~21' ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
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EXHIBIT "A"
PRELIMINARY SITE PLAN
SALAZAR LEASE AREA
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~
(T enant's Initials)
Y:\Immokalee Regional AirportILeases\Salazar\Salazar Lease -master copy 11-28-06.doc
Page 18
Immokalee Regional Airport Agenda Item No. 1 G4
TradePort Manufacturing License and Sub-Lease Agreement - October~~~~ 1222 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority) ,J
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
(Tenant's Initials)
Page 19
Y :\ImIDokalee Regional AirportlLeases\SalazarlSalazar Lease -master copy 11-28-06.doc
Agenda Item No. 16G4
I k I R. I Ai t ce er L., 06
mmo a ee eglona rpor Page 23 0 30
TradePort Manufacturing License and Sub-Lease Agreement - October 2006
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
<l>~(f?"'~ .wo"r"...
.. ~
j ~
..
EXIHBIT "B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liabilitv $500,000 X $1,000,000
X Commercial General $500,000 per occurrence X $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damaoe damage
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damaoe
X Property Insurance X Replacement Cost- All Risks of loss
I
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorlVendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorlVendor/Consultant or anyone employed or utilized by the ContractorlVendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceotable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
(Tenant's Initials)
Y:\lmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
Page 20
1+ ...,....,,-..
I k I R. I Ai ~::::I ............. ......, "'....... I v,-,",
mmo a ee eglOna rport December 12, 2001
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 24 of 3(
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT PLAN
LETTER OF UNDERSTANDING (SDP LOU)
Page 21
(Tenant's Initials)
Y:\Immokalee Regional Airport\LeasesISalazar\Salazar Lease -master copy 11-28-06.doc
.. A '""''-''
Immokalee Regional Airport '''Dece~Gb~;:12, 2Q'O;
TradePort Manufacturing License and Sub-Lease Agreement - October 200()page 25 of 3(
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN SALAZAR MACHINE & STEEL, INC.
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 20,000 SQUARE FOOT
MANUF ACTURINGIW AREHOUSE FACILITY DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, define, and establish
mutual agreements, understandings and obligations by and between the Collier County Airport
Authority ("Authority") and Salazar Machine & Steel, Inc. for the coordination, submittal, review and
response of the Site Development Plan ("SDP") process for a 20,000 square foot manufacturing/
warehouse facility at the Immokalee Regional AirportJTradeport ("Airport").
SALAZAR MACHINE & STEEL. INC submitted a response to a Request for Proposal for
development at the Airport to sub-lease one and one-half (1.5) acres ofland at the Airport and to
develop thereon a 20,000 square foot manufacturing/warehouse facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida, 34114. The Authority is charged with the operation and maintenance of the Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit to the Authority two (2) copies of the dimensions; height and footprint for
the proposed 20,000 square foot facility, within thirty (30) days of this LOU.
3. Tenant shall coordinate all SDPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS, whose contact information is as follows:
Andres Guitierrez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres f!utienez(Q!urscorp.com
(Tenant's Initials)
Page 22
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-28-06.doc
'L . r<""
Immokalee Regional Airport '~December 12, 200(
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 3(
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced sub-leasehold Premises. Tenant will reimburse the
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a not
to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty (30)
days of the receipt of the dimensions; height and footprint for the proposed 20,000 square foot
facility.
6. Tenant shall submit a complete SDP application package to include plans and specifications in
the form required by the Collier County Community Development and Environmental Services
Department (CDES) with the required number of copies to the Authority and/or the Authority's
designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer will apply to the South Florida
Water Management District ("SFWMD") for a modification to the Authority's SFWMD permit
#11-00999-S dated April 19, 2005, for the proposed development at the Airport within thirty
(30) days of the receipt of the SDP from the Tenant.
8. All other required submittals for the SDP process shall be submitted within the required
timelines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review of the amended SDP submitted to CDES all comments must be addressed
by the Tenant within ten (10) days of the first (1 st) review response and returned to the
Authority and/or the Authority's designated Engineer for resubmittal. Any comments not
completely addressed within the ten (10) days by the Tenant will be cause for Tenant's project
to be removed from the SDP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional comments,
all comments must be returned to the Authority and/or the Authority's designated Engineer
within ten (10) days of the second (2nd) review response and returned to the Authority and/or
the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time required
Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairman
SALAZAR MACHINE & STEEL, INC.
(Tenant's Initials)
Page 23
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Immokalee Regional Airport December 12, 200
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 27 of 3
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Date:
Pete Salazar, President
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
(Tenant's Initials)
Page 24
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
I~ ~ I ... .....-...
I k I R. lAi ''ij 'V"v 'v. 'v,,",
mmo a ee eglOna rport December 12, 2001
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 28 of 3(
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
(Tenant's Initials)
Page 2 5
Y :\Immokalee Regional Airport\Leases\SalazarISalazar Lease -master copy 11-28-06.doc
'. .. ......,.....
Immokalee Regional Airport '::1Dece~ber 12. 200E
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 29 of 3C
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Exhibit "D" - Tenant's Proposed Improvements
'RLJlZIIII /1111&111'1* _ "T~EL. 1/111:-
.
160 Afrparr.. Bi'ld.. #109 I lIT1Jnt}r.aip.p., Ft 34142 I f'r.orJe: (2:Jg) 657-2.1'25 I Fux: (239) 658-251J
'"",r:..<'~f-'_U",","~"* _ ~ _..w.".j.~~...:-_~-.r.....:r..-..r:.,-tJ""--_.....-....-".... ....: ."......~~-~<~~~~~....-.~.. ..,-........... ..,-.... v
Business PJ.'\n
I ~t:lrted my bu::;;im~ss ill 1985 w(ll"king alone and with one truck. .A.fter ~ fell,' yea.rs
my small mobile cumpany began r~D~i'v'ing 'Tlore ""or, a.nd I ~kW tn r.ir~ one em-
ployee.
In tile yea~ 20:)'~. ",rt':;i workinR at th<! future site of the Immokalee M<Inufacturmg
and Tt>chnok-JKi Center. I decided it was time tJ tak~ my company to the next step.
invested h- a 2,000 >q. ft. space and began &'l'Owing my [omr.any. Over the ne~l 6
}'ears, I <i.ccurrrubteci .J.n e;.tra 2.700 sq. ft. cuilding. add~(t 9 new employe~s. and the
busifl8~S i~ col1tinl.'ing Its growth. V'ihat stmted as a ~imple welrling and fabricating
company has now tlH118d in to a company that manut~a(tures machinf'.ry f~lf the
3gr-imlture and indusr.ri<J.I.nd~~strj throughout the United States. Vile are also the only
company il1 thE sta:e of Florida Ul<ll rnanufacture:s Citn..J~ Mechanical Harvester
TrucKs.
.
TO continue Ollt. proJected gro'....th. we need more ~r'~r.'". With the proposE:d 20.000
sq. ft. ~,,~jld:ng .Jnd a c.1pita; il1'.'estm<lrIL of about one lililll\ln dc.ll.ars, l plan to
de\'dojJ <:.l training: pl'qgril.1TI for new and present employees, us '....ell a.<;; ','lOti< in con'
Jun.:tic:n with Collier County Public S.chools and T..,e ,Il,dull L~arnlng (p.ntf:r. In doing
S.C, we ....,ill be able to cr8at~ appmxirnatdy 15 n(:w Job.~. helping IfTh1:lOKalee ~nd the
Local 8con\1ITIY. I hope to be ctble to rm:;Vi;; i;) Lo ~JLH new fa(:i~i:y within one year.
hlg-C. 2:
.
(Tenant's Initials)
Y:\Immokalee Regional Airport\I,eases\Salazar\Salazar Lease -master copy 11-28-06.doc
Page 26
" . ,~~
.. ,:,!~ "~.,,.. ,v~
Immokalee RegIOnal Airport December 12, 200(
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 30 of 3(
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard form
provisions. They are: NONE
[If "None" state "None."]
*******************************************************
[- EXAMPLE-]
REVISED EXHIBIT "E" - 1sT REVISION
Amendments
First Amendment to this Agreement, effective on the _ day of
,2_: are:
,etc.
Appropriate signature blocks
(T enant's Initials)
Page 27
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-28-06.doc
Agenda Item No. 16H1
December 12, 2006
Page 1 of 5
,...-.
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: The Marco Island Kiwanis Club Annual Meeting
-
PUBLIC PURPOSE: To participate in the Marco Island Kiwanis Club Annual Meeting
and network with constituents.
DA TE OF FUNCTIONIEVENT: Saturday, November 11 th, 2006, Marco Island Yacht
Club
FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid public purpose.
PREP ARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: Tuesday, December 12, 2006
_.
Agenda Item No. 16H1
December 12.2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H1
Meeting Date:
Commissioner Fiala request Board approval for reimbursement for attending a meeting
serving a valrd pubic purpose. Attended the Marco Island Kiwanis Club Annual Meeling an
Salurday. November 11th althe Marco Island Yacht Club: $5000 to be paid from
Commissioner Fiala's travel budget
12/12/2006900:00 AM
Pre po red By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
Date
BCC Office
11/21/20062:08:30 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bec Office
11/281200612:53 PM
App roved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/30/20066:07 PM
Agenda Item No. 16H 1
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Agenda Item No. 1611
December 12, 2006
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
December 12, 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) November 4, 2006 through November 10, 2006.
(2) November 11, 2006 through November 17, 2006.
(3) November 18, 2006 through November 24, 2006.
B. Districts:
---
(1) Port of the Islands Community Improvement District: Minutes
and Agenda of July 14, 2006; Minutes and Agenda of August
11, 2006; Adopted Budget FY 2007; Meeting Schedule of
October 2006 through September 2007.
C. Minutes:
(1) Collier County Planninq Commission: Agenda for December 7,
2006; Minutes of October 19, 2006.
(2) Collier County Hispanic Affairs Advisory Board: Minutes of July
27, 2006; Agenda for July 27, 2006; Minutes of August 24,
2006; Agenda for September 28, 2006; Minutes of September
28, 2006; Agenda for October 26, 2006.
(3) Collier County Code Enforcement Board: Minutes of
September 25,2006 Workshop.
-
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\121206_misc_corr.doc
Agenda Item No. 1611
December 12, 2006
Page 2 of 3
(4) Vanderbilt Beach M.S.T.U. Advisorv Committee: Agenda for
December 7,2006; Minutes of November 2,2006.
(5) The Bavshore/Gatewav Trianqle Redevelopment Area
Community Redevelopment Aqencv: Agenda for September 5,
2006; Minutes of September 5,2006; Agenda for October 3,
2006; Minutes of October 3, 2006.
(6) Conservation Collier Land Acquisition Advisorv Committee:
Minutes of October 9, 2006.
(7) Domestic Animal Services Advisorv Committee: Minutes of
October 17, 2006.
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\121206_misc_corr.doc
Agenda Item No. 1611
December 12, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
To file for record with action as directed.
12/12/20069.0000 AM
Prepared By
Lisa Resnick
Executive Aide to the BCe
Date
Board of County
Commissioners
Bce Office
111281200612:17:54 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bec Office
111281200612:52 PM
Approved By
Leo E. Och.. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
12151200612:24 PM
Agenda Item No. 16J1
December 12, 2006
Page 1 of 2
-
EXECUTIVE SUMMARY
Recommendation to create a Magistrate and Case Manager position for the Courts.
(FY 07 costs of $150,000)
OBJECTIVE: Establish an additional Magistrate and Case Manager position to assist
with moving cases through the civil court system.
CONSIDERATIONS: The Chief Judge of the Twentieth Judicial Circuit recommends
the addition of a Magistrate and Case Manager. This requires the addition of two (2)
FTE's. These positions will report to the Deputy Court Administrator, Collier County.
FISCAL IMPACT: For the remaining 10 months of the fiscal year the cost for salary
and benefits is $140,000 and $10,000 for office set-up and reconfiguration for a total of
$150,000.00. These positions will be funded from the Court Innovation Reserve fund
and will have no impact to the General Fund. Annualized cost in FY 07 is anticipated to
be $165,000.00.
---
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this request.
RECOMMENDATION: That the Board of County Commissioners authorize the
addition of a Magistrate and Case Manager position and associated budget amendments.
The Chief Judge of the Twentieth Judicial Circuit recommends these additional positions
be funded to aid in the management of civil cases.
PREPARED BY: Mark Middlebrook, Senior Deputy Court Administrator
---
Agenda Item No. 16J1
December 12, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16J1
Recommendatlon to create a Magistrate and Case Manager position for the Courts (FY07
costs of $150.000)
12/12/2006 9:00:00 AM
Item Number:
Item Summary:
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & B~Jdget
11/29120068:23 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Managers Offlce
Office of Management & Budget
11/30/20068:51 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/30/20064:23 PM
Agenda Item No. 16J2
December 12, 2006
Page 1 of 2
,,-
EXECUTIVES~Y
Recommendation to increase tbe boun for the Citizen's Foster Care Review Panel
[CFCRP} Director (FY 07 costs of $ 28~132).
OBJECTIVE: To provide adequate assistance to the Citizen's Foster Care Review
Panel which oversees Juvenile Dependency cases for the court.
CONSIDERATIONS: The Chief Judge of the Twentieth Judicial Circuit recommends
an increase in hours for the Director of the CFCRF. This increase is necessary to
maintain the level of assistance provided to the panel members.
FISCAL IMP ACT: For the remaining 10 months of the fiscal year the cost for
additional salary, life and health insurance is $28,132. This change will have no impact
to the General Fund as it is funded through the Court Innovation Reserve fund. This
change increases the current .5 FTE to a .6 FTE. Annualized costs in FY 08 are
anticipated to be $42,638 for total salary and all benefits associated with the .6 FTE.
~
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this request.
RECOMMENDATION: That the Board of County Commissioners authorize the
increase in work hours for the Citizen's Foster Care Review Panel Director which will
include additional county benefits of health and life insurance coverage. The Chief Judge
of the Twentieth Judicial Circuit recommends this which will aid in the management of
Juvenile Dependency cases.
PREPARED BY: Mark Middlebrook, Senior Deputy Court Administrator
.-.
Agenda Item No. 16J2
December 12, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J2
MeetIng Date:
Recommendation to increase the hours for the Citizen's Foster Care Review Panel (CFCRP)
Dlreclor (FYO? costs of $21,132).
12112/2006 9:0000 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11129120068:38 AM
App roved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
11/30/20069:37 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11130/20067:06 PM
Agenda Item No. 16J3
December 12, 2006
Page 1 of 5
-
EXECUTIVE SUMMARY
Recommendation to approve Change Order #1 to add $404,405 to Contract #03-3497,
"Auditing Services for Collier County", with KPMG LLP, in order to reflect total services
contracted through November 28,2006.
OBJECTIVE: In accordance with the Purchasing Policy and Procurement Administrative
Procedures, to request Board approval of this change order in order to reconcile actual expenses
related to Contract #03-3497 which were not previously approved by the Board, to request approval
for additional services related to FY05 audit, and to request approval for additional funding for
FY06 audit expenses in excess of the current Board approved amount.
CONSIDERATIONS: The selection of KPMG LLP for contract # 03-3497 was in compliance
with the provisions outlined in Chapter 11.45, Florida Statutes. The cost of the 2003 audit in the
amount of $285,000 was approved by the Board on July 29,2003, 16(F)I, together with the award
of the contract. This Contract is administered on behalf of the County by the Clerk of Court's
Finance Division in accordance with Section 14 of the Contract. The following is a chronology of
events related to the contract which require reconciliation by Change Order 1:
,.-
1. Section 4 of the contract states "Payment for the subsequent audits, Years 2004 and 2005, and
future audits, will be based on the prices set forth in the Contractor's proposal and as mutually
negotiated in writing between the County and Contractor." However, the cost of the 2004 audit in
the total amount of$370,500 was never approved by the Board.
2. The cost of the 2005 audit in the amount of $379,200 was approved by the Board on October 11,
2005, Agenda Item 16(J)1. However, one Federal Program audit was added at a cost of $8,400,
while one State Program audit was deleted at a cost of $5,800, leaving an additional net amount
owing for the 2005 audit of $2,600.
3. Additional services were rendered by KPMG to obtain management representations and review
related information in connection with the issuance of the Collier County Audited Statements as of
September 30, 2005 at a cost of $13,305. Additional services were also rendered in the fmID of a
parity letter for the Series 2005 Capital Improvement and Refunding Revenue Bond in the amount
of $8,000.
4. The base cost of $447,500 for the 2006 audit was approved by the Board on July 25, 2006,
Agenda Item 13A. At that time, the cost of travel for the. 2006 audit was estimated at $50,000.
Because actual travel costs and personnel allocations were never tracked for previous audits, the
original estimate of hours needed for this engagement was not accurate. Actual personnel
allocations and dates have been revised to meet the requirements of this year's audit, which
increased the estimated travel expenses to $60,000.
,.-
5. The audit costs from FY03, 04 and 05 were paid directly f)'om the Board's General Fund cost
center "Other General and Administrative Costs" rather than by purchase orders. This direct
payment method does not provide for an approval process by the County, whereas the issuance of a
Agenda Item No. 16J3
December 12, 2006
Page 2 of 5
purchase order in the SAP financial system requires specific documentation and accountability for
each change to ensure compliance with Procurement Administrative procedures.
An explanation for each transaction is contained in Exhibit A and would reconcile all of the
expenses incurred since contract inception.
In order to ensure compliance with the County's purchasing and contract administration procedures,
the Clerk's Finance Division and the Board's Purchasing Department are jointly requesting Board
approval to require that all future work procured under this agreement will be encumbered under a
Board agency purchase order requested and issued at or before the commencement of the work.
Further, any future changes to the annual audit work will be processed using a properly approved
change order in accordance with the terms of the contract.
FISCAL IMPACT: For the FY06 annual audit, $475,000 is budgeted in the General Fund, within
the cost center "Other General and Administrative Costs". The revised total cost of the 2006 audit
in the amount of $507,500 exceeds the current budget amount by $32,500, and the cost for the
additional services related to the FY05 audit is $13,305. A budget amendment is required in the
amount of $45,805 to cover both of these, to be taken from the General Fund Reserves.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
LEGAL CONSIDERATIONS: County Attorney approval is required prior to execution of
Change Order #1.
RECOMMENDA TION: That the Board of County Commissioners 1. approves Change Order #1
to KPMG LLP in the an10unt of $404,405 and 2. authorizes the County Manager or his designee to
execute the change order and 3. approves the required budget amendment in the amount of $45,805
to cover additional services and 4. requires that a purchase order be issued for all future work
procured under this contract and that any future changes to the annual audit work will be processed
using a properly approved change order in accordance with the terms of the contract.
-
Agenda Item No. 16J3
December 12,2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Dale:
16J3
Recommendation to approve Change Order #1 to add $404,405 to Contract #03-3497.
.A.uditing Services for Collier County, with KPMG LLP, in order to reflect total services
contracted through November 28, 2006
12/12/200690000 AM
Ilem N u mbe r:
Ilem Summary:
Prepared By
Derek Johnssen
General Account Manager
Date
Clerk of Courts
Finance
12/1120069:20:12 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
12/112006 1 :25 PM
Approved By
Crystal Kinzel
Director of Finance
Date
Clerk of Courts
Finance
12/6/2006 1 :25 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6/2006 4:55 PM
Collier County, Florida
KPMG LLP Contract 03-3497 Recon
Contract 03-3497
Original Contract Amount:
FY-2003 financial audit
FY-2005 financial audit
CWS billing review
FT A audit
As of 6/6/2006 Checklist Form
Solid Waste collections review
Last amount BOCC informed of...
FY-2006 audit
CBSA claims audit
Total BCC informed
Change Order:
FY-2004 financial audit
FY-2005 amount exceeded approved
Fy-2005 additional costs
FY-2006 audit travel expenses
SRF close out audit CS 120597100
Parity letter 2005 CIP bond
Proposed additional bonds test
Total
$
Agenda Item No. 16J3
December 12, 2006
Page 4 of 5
285,000.00 BCC approved
379,200.00 BCC approved
87,453.00 BCC approved
9,426.00 BCC approved
761,079.00
4,200.00 Staff approved amendment
765,279.00
447,500.00 BCC approved
58,100.00 BCC approved
1,270,879.00
370.500.00
2.600.00
13.305.00
60,000.00
11,000.00
8,000.00 BCC approved bond issue (not specific expenditure)
15,00000 BCC approved bond issue
1,751,284.00
Collier County, Florida
KPMG LLP Contract 03-3497 Recon
Contract 03-3497
Original Contract Amount:
FY-2003 financial audit
FY -2005 financial audit
CWS billing review
FT A audit
Solid Waste collections review
FY-2006 audit
CBSA claims audit
SRF close out audit CS 120597100
Parity letter 2006 CWS bond
Total approved
Change Orders needed:
FY-2004 financial audit
FY-2005 amount exceeded approved
Fy-2005 additional costs
FY-2006 audit travel expenses
Parity letter 2005 CIP bond
Total with vendor
Change Order # 1 Summary:
FY-2004 financial audit
FY-2005 amount exceeded approved
Fy-2005 additional costs
FY-2006 additional audit travel expenses
Parity letter 2005 CIP bond
Change Order total
Filena me:/FS06/contractO 3349 7 recon .xls
Agenda Item No. 16J3
December 12, 2006
Page 5 of 5
Exhibit A to Executive Summary
$
285,000.00 BCC approved
379,200.00 BCC approved
87,453.00 BCC approved
9,426.00 BCC approved
4,200.00 Staff approved amendment per pOlicy
447,500.00 BCC approved
58,100.00 BCC approved
11,000.00 Staff approved amendment per policy
15,000.00 BCC approved bond issue, approved as Item 16J(1) 11/28/2006
1,296,879.00
370,500.00 Needs BCC approval
2,600.00 Needs BCC approval
13,305.00 Needs BCC approval
60,000.00 $50K approved by BCC, only additional $10K needs approval
8,000.00 BCC approved bond issue, service needs staff/BCC approval
$
1,751,284.00
$
370,500.00
2,600.00
13,305.00
10,000.00
8,000.00
$
404,405.00
EXECUTIVE SUMMARY
Agenda Item No. 16J4
December 12, 2006
Page 1 of 2
~-
Recommendation that the Board of County Commissioners accept the report of Interest for
the fiscal year ending September 30, 2006 pursuant to Florida Statute 218.78. Interest paid
for the fiscal year included two payments: one in the amount of $32,031.08 to Douglas
Higgins, Inc., Project Number 73086 and one to AMJ Equipment Corporation in the
amount of $267.91 for a total of $32,298.99.
OBJECTIVE: To obtain Board approval and acceptance of the report ofInterest for the fiscal
year ending September 30, 2006.
CONSIDERATION: Pursuant to Florida Statute 218.78, in December of each year each local
governmental entity shall report to the Board of County Commissioners the number of interest
payments made by it during the preceding fiscal year and the total amount of such payments.
Pursuant to Board Purchasing Policy XI C., the Purchasing Director and the Finance Director
shall jointly submit this report.
For the fiscal year ending September 30,2006 there were two interest payments made:
1. Douglas Higgins, Inc., in the amount of $32,031.08. This amount was a negotiated amount of
interest on the 951 Sewer Force Main Improvements Project as outlined in the Board agenda of
September 26, 2006 item 16C 11.
J'-
2. AMJ Equipment Corporation in the amount of $267.91. This amount was previously
approved by executive summary July 25,2006 Item 16C6.
FISCAL IMPACT: The Douglas, Inc. Higgins interest was paid from fund 413 Sewer Capital
Projects Impact fees and the AMJ Equipment interest was paid from Water Capital Projects Fund
412.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve and accept the
report of Interest for the fiscal year ending September 30, 2006 for interest paid to Douglas
Higgins, Inc., in the amount of $32,031.08 and AMJ Equipment in the amount of $267.91 for a
total of 2 items and $32,298.99.
PREPARED BY: Crystal K. Kinzel, Finance Director Clerk of Courts
Steve Carnell, Purchasing Director Board of County Commissioners
,,-.
Agenda Ilem No. 16J4
December 12. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16J4
Meeting Date:
Recommendation that the Board af County Commissioners accept the report of Interest for
the fiscal year ending September 30. 2006 pursuant to Florida Statute 218.78 Interest paid
for the fiscal year Included two payments: one in the amount of $32.031.08 to Douglas
Higgins. Inc., Project Number 73086 and one to AMJ Equipment Corporation In the amount
of $267.91 for a total of $32.29899
1211212006 900.00 AM
Item Summary:
Prepared By
Crystal Kinzel
Director of Finance
Date
Clerk of Courts
Finance
12/6/2006 2:31 :37 PM
Approved By
Crystal Kinzel
Director of Finance
Date
Clerk of Courts
Finance
12/61200612:53 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
12/6/20062:47 PM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
12/6/2006 3: 17 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1216/2006 5:27 PM
Agenda Item No. 16K1
December 12, 2006
Page 1 of 5
Executive Summary
Recommendation to Approve an Agreed Order for Payment of Expert Fees and Costs in
Connection with Parcels 110 and 710 in the Lawsuit Styled Collier County v. Salvadore
Villanueva, Jr., et aL, Case No. 05-1000-CA (CR 951, Project No. 65061) Fiscal Impact:
$8,539.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of
Expert Fees and Costs in Connection with Parcels 110 and 710 in the lawsuit styled Collier County
v. Salvadore Villanueva, Jr., et ai, Case No. 05-1000-CA (CR 951, Project No. 65061).
CONSIDERA TIONS: The County acquired the subject property by entry of a Stipulated Order of
Taking on September 7, 2005 and by depositing funds into the registry of the Court on September
15, 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.
.-
. Appraisal Fees:
. Engineering Fees
$6,500.00
$2.039.00
TOTAL
$8,539.00
Attached is the proposed Agreed Order providing for the above stated funds.
FISCAL IMPACT: Funds in the amount of $8,539.00 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcels 110 and 710; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
.-
Agenda Item No. 16K 1
December 12, 2006
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTy, FLORIDA, a
political subdivision of the State. of
Florida,
Case No.: 05-1000-CA
Petitioner,
Parcel Nos.: 110 & 710
VS.
SALVADOR VILLANUEVA, JR, et at,
Respondents.
I
AGREED ORDER AWARDING EXPERT FEES AND COSTS
TIllS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA. by and through the undersigned counsel, and Respondents,
SALVADOR VILLANUEVA, JR. and LUPE E. VILLANUEVA (hereafter "Respondents"), by
and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully
advised in the premises, it is hereby
ORDERED AND ADJUDGED that
1. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Six Thousand Five Hundred Dollars and No/lOO ($6,500.00) for appraisal fees incurred
in connection with Parcels 110 and 710.
2. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Two Thousand Thirty-Nine Dollars and No/lOO ($2,039.00) for engineering fees
incurred in cormection with Parcels 110 and 710.
Agenda Item No. 16K1
December 12, 2006
Page 3 of 5
3. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of Eight
Thousand Five Hundred Thirty-Nine Dollars and No/IOO ($8,539.00) to the GAYLORD
:MERLIN LUDOVCI DIAZ & BAIN TRUST ACCOUNT c/o Ellen 1. Neil, Esquire, Gaylord,
Merlin, Ludovici, Diaz & Bain, P. O. Box 569, Boca Grande, Florida 33921 for proper
disbursement.
4. No other costs, including supplemental attorney's fees, are awarded in this matter.
DONE AND ORDERED this _ day of
, 2006 in Naples, Collier
County, FlOlida.
CIRCUIT COURT JUDGE
Confonned copies to:
Heidi F. Ashton, Esquire
Ellen J. Neil, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
Agenda Item No. 16K1
December 12,2006
Page 4 of 5
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcels 110 and 710.
Dated:
Dated:
@
ELLEN J. NEIL, ESQUIRE
Florida Bar No.: 339709
GA YLORD MERLIN LUDOVICI DIAZ & BAIN
POBox 569
Boca Grande, FL 33921
(941) 964-4461 -Telephone
(941) 964-2461 - Facsimile
ATTORNEY FOR RESPONDENTS
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITI01\1JjR
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No, 16K1
December 12, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Reccmmendatlon tCi Approve an I\greed Order for Payment of Expert Fees and Costs in
Connection with ParcelS 110 and 710 in the Lawsuit Styied Collier County v. Salvadore
V'Hanueva Jr., el ai, Case No 05-1000-CA (CR 951 Project No, 65061) Fiscal Impact'
58.53900
12/12/200590000 AM
Date
Prep. red By
Heidi F Ashton
County Attorney
Assistant County Attorney
County Attorney Office
11/17120062:53:58 PM
Date
Approved By
Lisa Taylor
TransportatIon Services
ManagementJBudget Analyst
Trunsportation Administration
11/21/20062:48 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of \'Va)' Acquisition Manager
TEeM-ROW
11/27/20065:37 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
11128/200610:31 AM
Date
Approved By
Norm E Feder, AICP
Tram;portation Services
Transportation Division Administrator
Transportation Services Admin.
11128/2006 10:46 AM
Date
Approved By
Najeh Ahmad
Trnnsportation Services
Director
Transport<'ltlon Ellgrneering &
Construction t\.~anagement
11/29/2006 8:42 AM
Date
Approved By
David C. Weigel
C(llmty Attorney
COllnty Attorney
County Attorney Office
11129/200611:09 AM
Date
Approved By
OMS Coordinator
C,:wnty Manager's Office
Adniinrstrativc: ASSistant
Office of fvianagement &. Budget
11.'29/200612:56 PM
Date
Approved By
Susan Usher
Ceunty Manager's Office
Senior \~<\n.1gementi5udgct Analyst
Otf1ce of r.1aiiCigefi1Cr.: & Bud9ct
1211/2006 10:25 AM
Date
Approved By
M ichae! Smykowski
County Manager's Office
r!anD(~ell1(-'nt &. 81.1;:lget Dire::iOr
OffiCE Gf Manapf"mcnt &. 8uc;l(;t
1211/200610:29 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County M.::nagE:r
County rI.<:inager's Office
1211/20064:49 PM
Agenda Item No. 16K2
December 12, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs in
Connection with Parcel 119 in the Lawsuit Styled Collier County v. Peny JY. Ro.r..s, Individually
and as Tru,\'tee, et al., Case No. 04-4174-CA (Rattlesnake-Hammock Road, Project No. 60169)
Fiscal Impact: $13,950.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order Awarding
Expert Fees and Costs in connection with Parcell 19 in the lawsuit styled Collier County v. Peny
TV. Ross, Individually and as Trustee, et aI, Case No. 04-41 74-CA. (Rattlesnake-Hammock Road
Project No. 60169).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking
on February 11,2005 and by depositing funds into the registry of the Court on February 25, 2005.
The County and Respondent have settled by Stipulated Final Judgment which was approved by the
Board on June 20, 2006.
The County is required to pay reasonable expert fees incurred by Respondent in the defense of this
matter.
".-.
. Appraisal Fees:
. Planning Fees
$10,950.00
$ 3.000.00
TOTAL
$13,950.00
Attached is the proposed Agreed Order providing for the above stated funds.
FISCAL IMPACT: FUJl(is in the amount of $13,950.00 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GRO\VTH MANAGEMENT IMPACT: None.
RECOMIVIENDA TION: That the Board of County Conunissioners:
1. Approve the Agreed Order as to Parcel ] 19: and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
~
Agenda Item No. 16K2
December 12, 2006
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCillT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 04-4174-CA
. Petitioner,
, Parcel No.: 119
VS.
PERRYW. ROSS, INDIVIDUALLY
AND AS TRUSTEE, et aI.,
Respondents.
I
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA,. by and. through the undersigned counsel, and Respondent,
COLLIER HA1v1MOCK LLC (hereafter "Responden!"), by and through its undersigned counsel, for
entry of an Agreed Order, and the Court, being fully advised inthe premises, it is hereby
.oRDERED AND ADJUDGED that
1. Respon-dent shall receive from Petitioner, COLLIER COUNTY, FLORIDA,the sum
of Ten Thousand Nine Hundred Fifty Dollars and No/100 ($10,950.00) for appraisal fees
incurred in connection with Parcel 119.
2. Respondent shall receive from Petitioner, COLLIER cOtJNTY, FLORIDA, the sum
of Three Thousand Dollars and No/100 ($3,000.00) for planning fees incurredin connection with
Parcel 119.
Agenda Item No. 16K2
December 12, 2006
Page 3 of 5
3. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of
Thirteen Thousand Nine Hundred Fifty Dollars and. No/lOO ($13,950.00) to the HARRIS
HARRIS BAUERLE & SHARMA TRUST ACCOUNT c/o Bruce M. Harris, Esquire, 1201 East
Robinson Street, Orlando, FL 32801 for proper disbursement.
4~ No other costs, including supplemental attorney's fees, are awarded in this matter.
DONE AND ORDERED this _ day of
, 2006 in Naples, Collier
County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Charles R. Fonnan, Esquire
Bruce M. Harris, Esquire
. E. Glenn Tucker, Esquire
Thomas C. Palmer, Assistant County Attorney
Kevin Hendricks, Acquisition Mgr/Transp.
Marcus Morris (address unknown)
Agenda Item No, 16K2
December 12, 2006
Page 4 of 5
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcel 119.
Dated:
Dated:
..........@
HEIDI F. ASHTON, ESQillRE .
Florida Bar No.: 966770
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East TaTItiami Trail
Naples, FL 34112
.(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
BRUCE M. HARRIS, ESQUIRE
Florida Bar No.: 0003697
HARRIS HARRIS BAUERLE & SHARMA
1201 East Robinson Street
Orlando, FL 32801
(407) 843-0404 - Telephone
(407) 843-0444 - Facsimile
ATTORNEY FOR RESPONDENT
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
December 12, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15K2
Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs In
Connection with Pa'-cel 11 9 In the Lawsuit Styled Coiiier County v Perry W. Ross
IndlVldualiy and as Trustee. et al Case No. 04-4174-CA (Rattlesnake-Hammock Road,
Project No 60169) Fiscal Impact. $13.950 00
12/",2/200690000 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
111281200610:32:54 AM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
11128/200610:35 AM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
111281200611:13 AM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
11/28/20062:32 PM
Date
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Transportation Services Admin
11128120062:35 PM
D<lte
Approved By
Najeh Ahmad
Transportation Services
Director
Tr~l1sportation Ellglneenng &
Construction M.Jnagement
11/2912006 8 :42 AM
Date
Approved By
David C Weigel
County Attorney
County Attorney
County Attorney OffIce
111291200611:10 AM
Date
Approved By
OMS Coordinator
County Manager's OffIce
Adrninistrillive Assistant
Office of Management & Buaget
11/29/200612:57 PM
Date
Approved By
Susan Usher
County V!.H1ager's Office
Senior f\/ianapementiBudgct Analyst
Office- af Man8gernen1 & 3Uc19ct
12/i!cOO€ 10:29 AM
Dnte
Appro\'ed By
r/ichaeI Smykowski
County Managw's Office
Management & Bu::Jget Director
Off:r:e of Manaaen~ent & 6udD0t
12/1/200610:31 AM
Date
Appro\'ed By
James V. Mudd
Boan] of County
Commissioners
County Manager
Count~' M;;lnager's Office
12/1120066:14 PM
Agenda ItemNo. 16K3
December 12, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No.
05-1033-CA (CR 951, Project No. 65061) Fiscal Impact: $26,368.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment
of Expert Fees in Connection with Parcel 140 in the lawsuit styled Collier County v. Rosa A.
Hernandez, et al. (CR 951, Project No. 65061).
CONSIDERA TIONS: The County acquired the subject property by entry of an Order of
Taking on September 7, 2005 and by depositing funds into the registry of the Court on
September 15, 2005. The County and Respondents have negotiated and settled by Stipulated
Final Judgment which was approved by the Board on July 25,2006.
The County is required to pay reasonable expert fees incurred by Respondents in the defense of
this matter.
,-.
. Planning Fees:
. Engineering Fees
$19,750.00
$ 6,618.00
TOTAL
$26,368.00
Attached is the proposed Agreed Order providing for the above stated funds. The County has
paid the expert fees for Respondents' appraiser. The County and Respondents are currently
negotiating the expert fees of Respondents' architect and business damage.
FISCAL IMPACT: Funds in the amount of $26,368.00 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel 140; and
2. Approve the expenditure of funds as stated.
-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K3
December 12, 2006
Page 2 of 5 "
IN THE CIRCUIT"COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COllIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, .
Case No.: 05-1033-CA
Petitioner,
Parcel No.: 140
vs.
ROSA A. HERN&~EZ, et al.,
Respondents.
I
AGREED ORDER A WARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ROSA A. HERNANDEZ, JORGE L. HERNANDEZ and RUFINO A. HERNANDEZ, and
GOLDEN GATE NURSERY AND SOD, INC. (hereafter "Respondents'), by and through their
undersigned counsel, for entry of an Agreed" Order, and the Court, being fully advised in . the
premises, it is hereby
ORDERED AND ADJUDGED that
1. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Nineteen Thousand Seven Hundred Fifty Dollars and NollOO ($19,750.00) for planning
" .
fees incurred in connection with Parcel 140.
2. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Six Thousand Six Hundred Eighteen Dollars and 55/100 ($6,618.00) for engineering
fees incurred in connection with Parcel 140.
Agenda Item No. 16K3
December 12, 2006
Page 3 of 5
3. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of
Twenty-Six Thousand Three Hundred Sixty-Eight Dollars and No/lOO ($26,368.00) to
FORMAN, HANRATTY & MONTGGMERY TRUST ACCOUNT c/o Charles R. Forman,
Esquire, 1323 SE Third Avenue, Fort Lauderdale, Florida 33316 for proper disbursement.
DO~~ AND ORDERED this
day of
, 2006 in Naples, Collier
County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Charles R. Forman, Esquire
Craig B. Willis, Esquire
Michael J. Volpe, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr/Transp.
2
Agenda Item No. 16K3
December 12, 2006
Page 4 of 5
JOINT MOTION
The Parties. by and through their undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcel 140.
Dated:
1//1 1&1,
{ I
Dated:
~/ -,_L tL ~
C ES R. FORMAN, SQUIRE
Florida Bar No.: 229263
FORMANHANRATIY & MONTGOMERY
1323 SE 3rd Avenue
Fort Lauderdale, FL 33316
(954) 522-9441- Telephone
(954) 522-2076 - Facsimile
AND
AND
MICHAEL JOSEPH VOLPE, ESQutRE
Florida Bar No.:265705
ROBINS KAPLAN MllLER & CIRESI, LLP
711 Fifth Avenue South, Suite 201
Naples, FL 34102-6628
(239) 430-7070 -Telephone
(239) 213-1970 - Facsimile
ATTORNEYS FOR RESPONDENTS
CRAIG B. WILLIS, ESQUIRE
Florida Bar No.: 257656
PIXEL, MAGUIRE & WILLIS
211 South Gadsden Street
Tallahassee, Florida 32301
(850) 681-1800 - Telephone
(850) 681-9017- Facsimile
ATTORNEYS FORPETITONER
3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
December 12. 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to Approve an Agreed Order for Payment of Expert Fees In Connection
with Parcel 140 1"1 the LawsuIt Styled COllier County v Rosa A Hernandez, et al.; Case No.
05-103:).CA (CR 951. PrOject No 65051) Flscallmpacl $25.36800
12/i2/2C06 9 00 JO AM
Date
Prep. red By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorne~' Office
11/16/200611:00;36 AM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
11/21/2006 2:49 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TECM.ROW
11/27/20065;37 PM
Date
Approved By
Sharon Newman
Transportatlon Services
Accounting Supervisor
Transportation Ser.....ices Admin
11/28/2006 10;n AM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
11/28/200611 :20 AM
Date
Approved By
Najeh Ahmad
Transportation Services
DlrHctor
TransDortatlon Engineering &
Construction Management
11/29120066:42 AM
Date
Approved By
D~vid C. WeIgel
County Attorney
County Attorney
County Attorney Office
11129/200511:11 AM
Di;!te
Approved Br
or.iS Coordin"ltor
County Wanager's Office
Administ!'at!\n.' Assistant
Office of Management & Budget
11/29:2006 12:57 PM
Date
Approved By
Sus.an Usher
County Manager's Office
Senior l\rl~nagement/Budget Analyst
Office of ~.,r',jn,,'g'0ment & Budget
12,'1/200610:32 AM
Date
Approved By
Michael Srnykm','s-l<i
County Man<lger's Office
Manag'2:nent & SlJdge~ Director
OffiCe- of r,1an:1gel71e~1t & Budget
12,'1/200611:27 AM
Date
Approved By
James V, iviudd
Board of County
CommiSSioners
County M?.nager
County Man.1ger'r, Office
12/1f2006 6:27 PM
Agenda Item No. 16K4
December 12, 2006
Page 1 of 7
-',....-..,
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel 122 in the lawsuit
styled Collier County v. Village Walk HOA of Naples, Inc., et al., Case No. 04-345-
CA(Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $6,857.00)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel No.
122 in the lawsuit styled Collier County v. Village Walk HOA of Naples, Inc., et al., Case No.
04-345-CA(Vanderbilt Beach Road Project No. 63051).
CONSIDERA TIONS: Prior to suit, staff offered the Respondents, Jack V. and Juanita
Harrison, $9,600 which was rejected. The County acquired the subject property by entry of an
Order of Taking and by depositing the sum of $1 0,600. The County and Respondents negotiated
the proposed settlement of $12,500 as full compensation for the taking of Parcel 122. In
addition, the settlement provides for payment of attorney's fees and all expert fees and costs in
this case.
If approved, the County will pay the following costs:
_.
· Additional Compensation:
· Appraisal Expert Fees:
· Statutory Attorney's Fees*:
TOTAL
$ 1,900.00
$ 4,000.00
$ 957.00
$ 6,857.00
* Attorney's Fees are mandated by 9 73.092, F.s., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x ($12,500 - $9,600).
Attached is the Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $6,857.00 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 Stipulated Final Judgment as to Parcel 122;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
04.0004/760
-
Agenda Item No. 16K4
Decemberl12, 2006
IN THE CIRClliT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Page 2 of 7
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 04-345-CA
v.
Parcel No.: 122
VllLAGE WALK HOMEOWNERS
ASSOCIATION OF NAPLES, INC. et al.
Respondents.
I
STIPULATED FINAL JUDGMENT AS TO PARCEL 122
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and
through its undersigned counsel, and Respondents, JACK V. HARRISON AND JUANITA HARRISON,
by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 122,
and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that
the compensation to be paid by Petitioner is the full compensation due the Respondents, JACK V.
HARRISON AND JUANITA HARRISON, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, JACK V. HARRISON AND JUANITA
HARRISON, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve
Thousand Five Hundred and NollOO Dollars ($12,500.00) for Parcel No. 122 as full payment for the
property interests taken and for damages resulting to the remainder, if less than the entire property was
taken, business damages, and for all other damages in connection with said parcel; it is further
ORDERED that Respondents, JACK V. HARRISON AND JUANITA HARRISON, receive
from Petitioner as reasonable appraisal expert fees and costs the sum of Four Thousand and No/tOO
Dollars ($4000.00); it is further
Agenda Item No. 16K4
December 12. 2006
ORDERED that Respondents, JACK V. HARRISON ANn JUANITA HARRISON';9fe2eq~b
from Petitioner as reasonable attorney's fee the sum of Nine Hundred Fifty-Seven and No/1oo Dollars
($957.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection
with the above-styled cause of action as it relates to Parcel Nos. 122; it is further
ORDERED that Petitioner shall pay within thirty (30) from date hereof the total amount of Six
Thousand Eight Hundred Fifty Seven and No/loo Dollars ($6,857.00), made payable to Ferguson
Law Group Trust Account, c/o Timothy W. Ferguson, Esquire, Ferguson Law Group, 4265 Bonita Beach
Road, Bonita Springs, FL 34134, for disbursement of $1,900.00 for Respondents, JACK V. HARRISON
and JUANITA HARRISON, $4,000 for appraisal expert fees and costs, and $957.00 for attorney's fees;
it is further
ORDERED that the Clerk of this Court shall disburse the sum of Ten Thousand Six Hundred
and No/tOO Dollars ($10,600.00), being Petitioner's deposit, to Ferguson Law Group Trust Account, c/o
Timothy W. Ferguson, Esquire, Ferguson Law Group, 4265 Bonita Beach Road, Bonita Springs, FL
34134, for the benefit of Respondents, JACK V. HARRISON AND JUANITA HARRISON; it is further
ORDERED that all monies received by Respondents, JACK V. HARRISON AND JUANITA
HARRISON, for full compensation are subject to the claims of mortgagees, if any; it is further
ORDERED that title to Parcel No. 122, a Perpetual, Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Order of Taking dated June 4, 2004, and the deposit of
money heretofore made, are approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 3489, Page 2012 of the Public Records of Collier County, Florida be dismissed as to Parcel
No. 122; and it is further
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit in the amount of $
to Collier County Board of County
Agenda Item No. 16K4
December 12, 2006
Commissioners, c/o Ellen T. Chad~ell, Assistant County Attorney, Office of the County Atto~y~ 13Bl
East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in
accordance with Section 28.33, F.S.; it is further
ORDERED that Petitioner will replace, to the extent reasonably and commercially practicable,
any trees located outside and west of Parcel 122 that are destroyed or damaged as a direct result of
construction activities that occur within Parcel 122 for the Vanderbilt Beach Road Improvement Project
(No. 63051). Petitioner's liability in this regard is limited to claims made by Respondents on or before
October 1, 2007. Any damage claimed by Respondents after that date will be the Respondents' sole
responsibility; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
,2006.
LAWRENCE D. MARTIN
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Timothy W. Ferguson, Esq.
E. Glenn Tucker, Esq.
Bank of America, N.A.
Kevin Hendricks, Acquisition Mgr.rrransp.
Bookkeeping
Agenda Item No. 16K4
December 12, 2006
Page 5 of 7
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated
Final Judgment as to Parcel 122.
Dated:
Dated:
TIMOTHY W. FERGUSON, ESQUIRE
Florida Bar No 0906905
FERGUSON LAW GROUP
4265 Bonita Beach Road
Bonita Springs, Florida 34134
(239) 947-3600 - Telephone
(239) 947-3610 - Facsimile
A ITORNEY FOR RESPONDENTS, JACK V.
HARRISON AND JUANITA HARRISON
EllEN T. CHADWELL, ESQ
Florida Bar No. 0983860
Assistant County Attorney
3301 East Tarniami Trail, 8th Floor
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final
Judgment has been furnished via U.S. Mail to all parties listed below on this
day of
,2006.
ELLEN T. CHADWELL, ESQUIRE
Bank of America, N.A.
John Thompson, VP Loan Center Risk Manger
Best Atrium West
1400 Best Plaza Drive
Richmond, VA 23227
Collier County Tax Collector
c/o E. Glenn Tucker, Esq.
RHODES, TUCKER & GARRETSON
P. O. Box 887
Marco Island, FL 34146
I
I
I
I
I
I
I
________.J
I
,.-
I
I TRACT 2S
I
I
I
L_______
10TH AVENUE N.W.
"I;
, '.
(ACT 7
--------1 r-------
: I 1\
I 15~ 15'" ,
1~~3 ~~31
D..o.. .. Q..a..
1~~!5 ~;iffi I
I~~!!' gd!!,1
H;a:
113~
V
I 1. ~i~S . (
I
I
I
I
N
GOLDEN' GATE EST^'ES
UNIT 9S,
PLAT BOOK 7, PAGE 94 . .
TRACT 6
TRACT 27
Vl15
13'"
I
I
I
I
< "
I
I
TRACT 5
56'
8' 3: 0
'C-t n:::
.... <t:
t >
b b W TRACT 28
'" 0
'" z :J
0
ill
en
W
~
<t:
0
PAR eEL
122
VANDERBILT BEACH ROAD
EXISTING ROW (WIDTH VARIES)
--------
,~.
:V1SED PARCEL OS/28/03
.') 03/03;2003
e3051 PARC8. NO, I 122
Wil.M;lltif-.~~-
__ . s...-. . Eooi>gIIII ...,.,... .lIooioorpoAn:/lllclo . ~..........
1lIIlrik. be
. jj,pi,o./lItIloh.._......r_
:lI..,~..JJJ.lIfiolI--.;~~."'~._--
, 2e, 2003 - 15: 21: 24 KlHbt.4psoJx: \SUR\042H\VAND"!\lL372-....dwg
o
50'
SCALE:
Notes:
" This is not a survey.
2. Basis of bearing Is the 'Centerline of
Oakes Boulevard being N 00'27' 42" W
Florida Slale Plane Coordinates, NAD
83/90. East Zone.
3. Subject to easements. reservations
and restrictions of record.
4. Easements shawn hereon are per plat,
unless olherwlse noted.
5. ROW represents Right of Way.
Descrlp tlon:
Being the West 8.00 feet of the Easl 58.00 feet of
TRACT 5. Golden Gate Estates Unit 96. according to
the plat thereof all recorded In Plat Book 7. Page
94 of lhe Public Records of Collier County. Florida.
Conlalnlng O.OSl acres. more or less.
EXHIBIT
I A
CUEN1:
~k
ANDREW B. BECK. P.S.M. (FOR TrlE FIRM)
FLA. C. O. S065
(:J (DATE SIGNED)
N V LID WITHOUT THE SlGNAlURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTlFlCA TE OF AUlHORIZA TlON LB #43
00l..UER COUNTY OEPAR'T'MENT
OF 7fiANSFOATATioN
SKETcH AND oescRIF'TlON
1I1U:
DATE:
1O/2CI02
PRo.JE:CT NO.;
00WI4-0Cl0-000
TUNG.I
1L-372
"
Agenda Item No. 16K4
December 12, 2006
Page 6 of 7
'-.
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16K4
December 12. 2006
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Recommendatton to approve a Stipulated Final Judgment tor Parcel 122 In the lawsuit styled
Collier County v Village \/VaIK HOl>. of Naples. Inc, 81 aL Case No 04-345-CA (Vanderbilt
Beach Road Project r~o 63051) lFiscallmpact $6 857.0Cl
12/1212006900:00 AM
Date
Prep. red By
Ellen T. Chadwell
County Attorney
Assistant County Attomey
County Attorney Office
11127/200611:04:36AM
Date
Approved By
Lisa Taylor
Transportation Services
ManagemenUBudgel Analyst
Transportation Administration
11127/20062:29 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
11/27/20064:28 PM
Date
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
County Attorney Office
11/28/20069:12 AM
Dale
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services AdmIn.
11/28/200611:19 AM
Date
Approved By
Sharon Newman
Transportation Services
Accountlng Supervisor
Transport.ntian Services Admin
11/28/20062:51 PM
Date
Approved By
Najeh Ahmad
Transportation Services
DIrector
Transportation Engineering &
Construction Management
1,.,29/20068:55 AM
Date
Approved By
David C, Weigel
County Attorney
County /1, ttorney
County Attorney Office
11/29/200611:12 AM
Date
Approved By
OMS Coordiniltor
County Manager's Office
AdministriHive Assistant
Offlce of Management & Budget
11/29/20061:05 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
12/1/200610:36 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management &. Budget
12/1/200611 :19 AM
Date
Approved By
James V. Mudd
Board of County
CommiSSioners
Count}' Manager
County Manager's Office
12/4120068:06 PM
Agenda Item No. 17 A
December 12, 2006
Page 1 of 36
EXECUTIVE SUMMARY
An Ordinance of Collier County, Florida, amending Collier County Ordinance
No. 2001-75, as amended, the Public Vehicle for Hire Ordinance, deregulating
charter service rates; Authorizing discretionary increase to the taxi base rate
by 25 cents per trip; Prohibiting rate discounts for taxi trips that begin and
end in Collier County except for senior citizen passengers; Prevent vehicle
inspection by an individual who is biased in favor of the vehicle passing the
inspection; Staff must disregard operator's permit suspensions that are not
related to driving a motor vehicle; Expand list of disqualifying criminal
convictions and status as a criminal; Increase minimum insurance
requirements by $25,000 for bodily injury to one individual; Authorize appeal
to the PVAC if staff denies an application for a driver's 10; Increase some
fines; Provide for inclusion into the Code of Laws and Ordinances; Provide
for conflict and severability; Provide the effective date.,
OBJECTIVE: That the Board of County Commissioners ("Board") adopt the
attached PVAC recommended Ordinance to amend the County's Public Vehicle for
Hire Ordinance.
-
CONSIDERATIONS: The significant PVAC 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. Staff shall not accept vehicle inspections conducted by an individual who is
biased in favor of the vehicle passing the inspection.
5. Prohibit staff from considering vehicle driver's license suspensions that are
unrelated to competence to operate a motor vehicle (as instructed by this Board
several weeks ago).
6. Expand the list of disqualifying criminal convictions and disqualifying criminal
classifications.
7. Increase minimum required insurance for bodily injury to one individual (required
by Florida Statute).
8. Authorize appeals to PVAC if application for a driver's ID is denied by staff.
9. 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.
/-
~
Agenda Item No. 17 A
December 12. 2006
Page 2 of 36
RECOMMENDATION: That the Board adopt the attached PVAC recommended
Ordinance to amend the Public Vehicle for Hire Ordinance, subject to input, if any,
at one public hearing if this item is removed from the Board's Summary Agenda.
PREPARED BY: Tom Palmer, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 17A
December 12, 2006
Page 3 of 36
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
An Ordmance of Collier County. Florida, amending Collier County Ordinance No. 2001 ~75 as
amended. the Public Vehicle for HIre Ordinance, deregulating charter service rates:
Authorizing discretionary Increase to the taxi base rate by 25 cents per trip; Prohibiting rate
discounts for taxI tnps that begrn and end In Collier County except for senior citizen
passengers: Prevent vehicle Inspectlon by an inalvldual whO IS biased In favor of the vehicle
passing the inspection. Staff must disregard operator's permit suspensions that are not
related to driving a motor vehicle: Expand list of disqualifYing cnminal convictions and status
as a criminal, Increase minimum insurance reqUIrements by $25,000 for bodily Injury to one
Individual; Authorize appeal to PVAC If staff denies an application for a driver's 10: Increase
some fines, Provide for inclusion into the Caoe of Laws and Ordinances; ProVIde for conflict
and severabilrty: Provide the effective date
12/12/2006 900 00 AM
Operations Analyst
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Community Development &
Environmental Services. Admin.
1113012006 12:23 PM
Approved By
Date
Marlene Stewart Executive Secretary
Approved By
Community Development & Community Development &
Environmental Services Environmental Services Admin.
11/30/200612:58 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/30120063:02 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
12111200612:55 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1211/20062:50 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
12/4120068:48 AM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6/2006 1 :37 PM
Agenda Item No. 17 A
December 12, 2006
Page 4 of 36
ORDINANCE NO. 2006 -
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER
COUNTY ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VEHICLE
FOR HIRE ORDINANCE, DEREGULATING CHARTER SERVICE RATES;
AUTHORIZING DISCRETIONARY INCREASE TO THE TAXI BASE RATE BY
25 CENTS PER TRIP; PROHIBITING RATE DISCOUNTS FOR TAXI TRIPS
THAT BEGIN AND END IN COLLIER COUNTY EXCEPT FOR SENIOR
CITIZEN PASSENGERS; PREVENT VEHICLE INSPECTION BY AN
INDIVIDUAL WHO IS BIASED IN FAVOR OF THE VEHICLE PASSING THE
INSPECTION; STAFF MUST DISREGARD OPERATOR'S PERMIT
SUSPENSIONS THAT ARE NOT RELATED TO DRIVING A MOTOR
VEHICLE; EXPAND LIST OF DISQUALIFYING CRIMINAL CONVICTIONS
AND STATUS AS A CRIMINAL; INCREASE MINIMUM INSURANCE
REQUIREMENTS BY $25,000 FOR BODILY INJURY TO ONE INDIVIDUAL;
AUTHORIZE APPEAL TO PVAC IF STAFF DENIES AN APPLICATION FOR A
DRIVER'S ID; INCREASE SOME FINES; PROVIDE FOR INCLUSION INTO
THE CODE OF LAWS AND ORDINANCES; PROVIDE FOR CONFLICT AND
SEVERABILITY; PROVIDE THE EFFECTIVE DATE
WHEREAS, the County's Public Vehicle Advisory Committee, considering input
from representatives of several regulated vehicle for hire entities, is
recommending that this Article be amended; and
WHEREAS, the major amendments deregulate charter service rates; authorize a
discretionary 25 cents per trip increase to the basic taxi rate; prohibit discounting
taxi meter rates for trips that begin and end in Collier County except for
passengers 60 years of age or older; specify that staff shall not accept vehicle
inspection conducted by vehicle's owner, lessee or other individual who has a
bias that the vehicle pass inspection; prevent staff from considering vehicle
operator's permit suspensions that are unrelated to competence to drive a motor
vehicle, expand list of disqualifying criminal convictions to include "habitual traffic
offenders," "habitual felony offenders," "habitual violent felony offenders" and
"violent career criminals;" increase from $100,000 to $125,000 the minimum
required insurance for bodily injury to anyone individual; require notice to staff
when the insured's insurance policy is changed; authorize appeal to the PVAC if
staff denies application for a vehicle for hire driver's ID; increase some fines; also
minor clarifications and clean up amendments; and
WHEREAS, the Board of County Commissioners, agrees with staffs
recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. That Chapter 142 of the Collier County Code of Laws and
Ordinances, the same being Collier County Ordinance No. 2001-75, as
amended, is amended to read:
ARTICLE II. TAXICABS AND CHARTER SERVICES
DIVISION 1. GENERALLY
Sec. 142-26. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
Agenda Item No. 17 A
December 12, 2006
Page 5 of 36
"Applicant" means an individual, firm, corporation. partnership, company,
association, joint venture, or any other type of organization enterprise applying !Q
the County for a certificate to operate or other request.
"Certificate" means a Collier County certificate to operate that grants
written authorization under this article to operate a motor vehicle for hire
company within Collier County.
"Charter Service" means any chauffeur-driven vehicle that is engaged in
prearranged transportation and the rates for which transportation are based upon
predetermined hourly, daily, weekly, monthly, or door to door price. Charter
service vehicles shall include, but not be limited to, the following four
classifications:
(1) "Sedan" means a four-door, full sized automobile capable of
seating not more than five passengers, exclusive of the driver.
(2) "Limousine" means a luxurious, large passenger vehicle, built or
modified for use as a luxury limousine (e.g., formal or extended limousine).
(3) "Van" means a passenger vehicle recognized as either a minivan or
full sized passenger van capable of seating not more than 14 passengers,
exclusive of the driver.
(4) "Handicap vehicle" means a vehicle designed, constructed,
reconstructed, or operated for the transportation of persons with non-emergency
conditions where no medical assistance is needed or anticipated in route; or for
persons who are unable to comfortably use a standard means of conveyance; or
for persons who cannot enter, occupy or exit a vehicle without extensive
assistance; or where specialized equipment is used for wheelchair or stretcher
service; and where the chauffeur serves as both a chauffeur and attendant to
assist the door-to-door or bed-to-bed service. No emergency equipment other
than a fire extinguisher and first aid kit may be carried. The use of the word
"ambulance" may not be used and no representations may be made that any
medical service is available. The word "non-emergency" must be prominently
displayed on the outside of the vehicle.
"Color scheme" means any distinctive combination of two or more vehicle
for hire colors, including the lettering and/or logo that distinguish the vehicles of
one vehicle for hire business from another vehicle for hire business.
"County Manager" includes staff designees of the County Manager except
where the context logically prohibits such inclusion.
"Driver" means any individual in actual possession of a County issued
Identification card, and a valid driver's license (operator's permit) that authorizes
all respective driving privileges) and who is then employed, or permitted by a
certificate holder, to drive or operate a permitted vehicle upon the streets of the
County pursuant to this article.
2
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Agenda Item No. 17 A
December 12, 2006
Page 6 of 36
"Holder" means an individual, firm corporation, partnership, company,
association, joint stock association, or other type of organizational enterprise to
whom a certificate to operate has been issued.
"Manager" means any person responsible for the day-to-day operation of
the certificate holder.
"Motor vehicle for hire" means any motorized, self-propelled vehicle
engaged in the transportation of persons upon the streets on the County with the
intent to receive compensation for providing such transportation and shall
include, but not be limited to, the classifications: taxicab, and charter service
vehicles, and non-emergency vehicles.
"Owner" means any individual, firm, corporation, partnership, company,
association, joint venture, or any other type of organization enterprise owning a
ten percent or greater interest in an Applicant for a certificate to operate and/or a
vehicle for hire company.
"Pick-up" means whenever a passenger/customer sits in a vehicle for hire
for the purpose of being transported for a fee except successive picking-up of the
same passenger during a continuous trip when the passenger departs the
vehicle for a short time and the vehicle and driver wait at that location and the
passenger returns and continues the trip.
"Public Vehicle Advisory Committee" (PVAC) means the five-member
committee existing pursuant to this article.
"Public Vehicle Board" means the Board of County Commissioners.
"Scheduled" means the transportation of persons on pre-determined
points of origin, destination, or schedule of service.
"Staff" means employees of the Code Enforcement Department who
administer, enforce, regulate or interpret provision of this Article.
"Subcontracted vehicles" means vehicles for hire not necessarily based in
Collier County, that are leased to or operating under a subcontract with a
company that has a Collier County occupational license and a certificate to
operate from Collier County issued pursuant to this Article.
"Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4)
doors, equipped with a top light, designed to accommodate not more than eight
passengers, exclusive of the driver, operated for compensation at rates based
upon the distance traveled and authorized by this article, recorded and indicated
by a taximeter in operation when the vehicle is in use for transportation or any
passenger or property, and the route or destination of which is controlled by the
passenger or the individual who hired the taxicab for that trip.
"Taximeter" means any approved internally mounted device with records
and indicates a rate or fare to be charged to a passenger of a Vehicle for hire
measured by distance traveled, waiting/standing time, and other items of charge.
All taximeters must comply with the then most current edition of the National
Institute of Standards and Technology, Handbook 44.
3
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Agenda Item No. 17 A
December 12, 2006
Page 7 of 36
"Temporary vehicle permit" means a temporary vehicle permit issued to a
subcontracted vehicle (or a short term rented or leased vehicle for hire) that is
not otherwise certified as a vehicle for hire in the County.
"Vehicle for hire business" means any individual or entity holding a Collier
County certificate to operate and which holds permits for one or more vehicles for
hire, under one or more categories of vehicles for hire, and either provides
leased vehicles to drivers to be used or operated as vehicles for hire or which
operates a central dispatch for one or more vehicles for hire.
"Vehicle decal" means a color-coded vehicle decal issued annually to the
current certificate holder authorizing the holder to operate for hire the motor
vehicle to which the vehicle decal is affixed.
Sec. 142-27. Applicability.
The provisions of this article shall be applicable to and effective in all now
existing or future incorporated areas and in all unincorporated areas of the
county. It shall be the duty of all county ::mG ml:lnioipal code enforcement officers
to enforce these provisions within tho torritorial area€ of their re€Flooti'/o
juri€Giction€. This article is intended, and shall be construed, as a direct
regulatory measure uniform in application throughout the county. No certificate or
permit issued pursuant to this article shall be construed as a grant to authorize
the certificate or permit holder to engage in any business at any airport located
on any county or municipal property or operated by the county or by any
municipality. Nothing in this article shall affect any ordinance of any municipality.
Sec. 142-28. Exemptions. The following categories of Vehicles for hire shall be
exempt from all provisions of this Article:
(a) Any owner or transportation provider which has been designated as
the community transportation operator as defined in Section 427.011, Florida
Statutes, or transportation services provided pursuant to contract with the
Community Transportation Coordinator provided, however, that any such vehicle
that is also used as a motor vehicle for hire other than exempted uses as
specified herein shall require a certificate for such non-exempt use(s).
(b) Vehicles operated by a governmental agency; companies or
organizations owning (or renting) vehicles that are used exclusively for
transportation of the employees or members of said company or organization;
Also transportation activities licensed by the Interstate Commerce Commission or
any other government or agency of any government so long as such vehicles are
engaged solely in interstate commerce or other activities authorized by the
respective license.
(c) Discharge of passengers within Collier County picked up in another
county provided that the vehicle and operator were authorized to pick up the
respective passenger(s) in the originating county and location of pick-up.
4
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Agenda Item No. 17 A
December 12, 2006
Page 8 of 36
(d) Vehicles operated under or pursuant to a franchise from the County.
(e) Vehicles limited to providing transportation services for the
Transportation Disadvantaged provided the vehicle is clearly and distinctly
marked as a vehicle only for transportation of transportation disadvantaged
persons and no emergency equipment other than a fire extinguisher and first aid
kit shall be carried. Neither the word "emergency" nor any other word which may
imply that emergency medical services are available shall be displayed or
advertised.
Sec. 142-29. Public Vehicle Board.
A Public Vehicle Board shall consist of the Board of County
Commissioners. The Board of County Commissioners, as the Public Vehicle
Board, shall have the rights to license, regulate and control the rates and the total
number of motor vehicles for hire operating on the streets from within the County.
Sec. 142-30 Public Vehicle Advisory Committee
(a) The Public Vehicle Advisory Committee is referred to herein as the
"PVAC."
(b) The PVAC shall consist of five members and one alternative
member. Notwithstanding the provisions of Section 112.313, Florida Statutes, not
less than two nor more than three members shall be holders of certificates ef
pblslic convonionoo ::md nOQm:f:ity to operate a motor vehicle for hire business or
are otherwise affiliated with a vehicle for hire business, and not less than two nor
more than three members shall be individuals who are in no way affiliated or
associated with any holder of a certificate to operate of public convQniencQ :md
necef:f:ity. Terms of office of members shall be for four years and shall be
staggered. Memberships exceeding two full terms shall be approved in
accordance with Ordinance No. 2001-55. Members of the PVAC shall be
appointed by and serve at the pleasure of the public vehicle board. All members
shall be permanent residents and electors of the county. Appointment of
members of the PVAC shall be by resolution of the public vehicle board, which
resolution shall state the date of appointment and term of office. The alternate
member shall vote only in the absence of a quorum. All PVAC members shall
attend all meetings whenever possible, and shall comply with the provisions of
Ordinance No. 2001-55 for attendance requirements. A finding by the public
vehicle board of an excessive number of violations of this article, or failure to
promptly correct a violation or violations of this article by a member or by a
certificated entity associated with a member shall be grounds for removal of that
member from the PVAC.
(c) The County Manager shall designate a member of his staff to serve
as liaison and to coordinate with the PVAC.
(d) The functions, powers and duties of the PVAC shall be to:
5
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Agenda Item No. 17 A
December 12, 2006
Page 9 of 36
(1) Review and approve applications for each certificate to operate,
permit, etc., pursuant to this article.
(2) Review and approve taxicab color schemes pursuant to this article.
(3) Review and make recommendations to the Public Vehicle Board
regarding issues related to the motor vehicle for hire business, including rates
and charges.
(4) Hold meetings at least quarterly if there is business to be conducted
before said committee.
(5) Conduct hearings as appropriate.
(e) Officers of the PVAC shall be elected by majority vote of the PVAC.
Election of Officers should occur at the first meeting following October 1 of the
respective calendar year. There are no Officer term limits for the Chairman,
Vice-Chairman, Secretary, or any other Officer of the PVAC.
Sec. 142-31. Unlawful Operation of Vehicle for Hire.
It shall be a violation of this article for any person to operate or to permit
operation of a motor vehicle for hire in Collier County in violation of any
provision(s) of this article. All vehicles for hire must also comply with all
applicable provisions of all County Ordinances including the Sign Ordinance and
the Occupational License Tax Ordinance, and must comply with all applicable
Florida and federal statutes, which may be a violation thereof irrespective of
whether the vehicle is then being operated as a vehicle for hire.
Sec. 142-32. Minimum vehicle standards:
(a) It shall be a violation of this article to operate or for any person or any
vehicle for hire entity to permit the operation of a motor vehicle for hire unless the
following minimum vehicle standards are complied with or exceeded and the
vehicle is maintained in proper operating condition.
(1) Speedometer, and taximeter if applicable, properly installed, in good
working order and exposed to the view of both the driver and the passengers.
The taximeter must be lighted at all times whenever a passenger is being
transported for hire in the taxicab. Each taximeter shall be inspected, approved
and sealed pursuant to Chapter 531, Florida Statutes, and/or all then applicable
rules and regulations. No vehicle for hire other than a taxicab shall be equipped
with or contain a taximeter, whether or not the meter is in operation
(2) Interior must be clean, sanitary. free of torn upholstery or torn floor
coverings and free from damaged or broken seats. Seat covers shall be
permanently attached or fixed to the seats of the vehicle, and have no exposed
wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat must
be of a type, size and mounting approved by the vehicle's manufacturer. No
broken springs, sagging or horizontal slippage is allowed in any seat. Floor
6
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Agenda Item No. 17 A
December 12, 2006
Page 10 of 36
covering material shall be secure and shall contain no rips or lese loose folds.
The vehicle floor shall be free from rust and holes.
(3) All doors must have operating handles that allow opening from both
inside and outside. Handles, knobs and armrests must be free of breaks and
must be securely mounted. Door hinges and hold stops must function correctly.
Door seals and gaskets must be intact and be operating to seal water and odors
from entering the passenger compartment from outside. All door panels must be
intact to prevent injuries on door and window mechanisms.
(4) Vehicle must be structurally sound and mechanically operable with a
minimum of noise and vibration, and must have an operational parking brake and
a primary brake system that acts on all four vehicle wheels. There shall be no
visible leaks in the brake line, wheel cylinder or any part of the brake system and
no frayed cables. All primary brake systems shall demonstrate a reasonable total
braking force, when tested, using the "quick stop method" with the vehicle for hire
operating a& at a speed of at least 20 miles per hour. Brake linings and disk
brakes, when measured at the thinnest point, shall not be less than one-sixteenth
of an inch. Brake linings and/or pads shall also be firmly attached to the brake
shoe and/or disk coupler. Disk brake rotors and brake drums shall be of a size
and type appropriate for the vehicle, with no brake cracks or other damage that
change or impair the functional surface.
(5) The body, fenders, doors, trim and grill must be free from holes,
cracks, breaks and dents which may endanger pedestrians or passengers.
(6) For Taxicabs, a rate schedule in English and Arabic numerals
prominently displayed as specified in Sec. 142-34(b).
(7) Proper functioning interior light, headliner, dashboard, head rests,
windows, gear shift and windshield wipers.
(8) Vehicle for hire must be free from hazards, including but not limited
to, slippery floors, sharp edges, and unpadded interior door head clearances. No
loose objects or externally mounted speakers shall be placed behind the rear
seat. No decorations or other objects will be permitted to hang in a vehicle for
hire.
(9) Exhaust emissions must be free of smoke. There shall be no leakage
of fuel at any point in the vehicle's exhaust system. The tailpipe shall discharge
exhaust only from the rear of the vehicle. No part of the exhaust system may
pass through or leak into the vehicle.
(10) Tires shall be of the correct size as approved by the vehicle's
manufacturer, with no mismatched size tires on the vehicle. There shall be no
cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall
have less than 2/32 inches of tread remaining when measured in any two weve&
Qrooves at three equally spaced intervals around the circumference of the tire.
When the tire has tread wear indicators, no tire shall have indicators that contact
7
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Agenda Item No. 17 A
December 12, 2006
Page 11 of 36
the road in any two ~ arooves at three equally spaced intervals around the
circumference of the tire.
(11) Steering mechanism and directional signals must be maintained in
operating condition. Steering mechanisms shall not be worn or jammed. There
shall not be more than two inches play to the left or right of center measured at
the steering wheel rim with the road wheels in a straight ahead position on
wheels up to 18 inches in diameter, or three inches of play on wheels over 18
inches in diameter.
(12) The windshield, side and rear windows must be operational, and be
assembled with no breakage, cracks or pits that may impair visibility or hinder the
safety of passengers. Side windows mav usually be locked but must be
immediatelv unlocked upon adult passenaer's reauest. No windows on any
Vehicle for hire shall be composed of, or treated with, any material that would
cause the vehicle to be in violation of F.S. 3316.295, and other then applicable
laws.
(13) All vehicles for hire shall be equipped with properly operating horn,
air conditioning and heating systems, head lights, turn signals, factory installed
brake lights and replacements, all tail lights including "in reverse" lights, and a
light situated to illuminate and make clearly legible the rear license plate.
(14) Vehicles that have been modified, such as stretch limousines, must
meet all State and Federal standards that apply to the vehicle. Seat belts must
operate and be easily accessible to all passengers. Seat belts that are under the
seat or between the lower and upper portions of the seat are not considered to
be easily accessible.
(15) Each certificate holder shall be responsible for ensuring that each
vehicle for hire owned, operated, leased to, or otherwise controlled by it complies
with this article, with other applicable County Ordinances, and with applicable
state and federal laws, rules, regulations, and standards regarding motor vehicle
safety equipment and devices. Every certificate holder shall cause every such
vehicle to pass an inspection by an inspector employed by or under contract with
a Florida licensed repair shop at least once every twelve (12) months to ensure
that each such vehicle for hire complies with the minimum vehicle standards of
this article and with applicable provisions of Chapter 316, Florida Statutes. Staff
shall not accept any vehicle for hire inspection conducted by the vehicle's owner,
lessee, or other individual who is biased in favor of the vehicle passino the
inspection. The certificate holder shall maintain a permanent registry containing
information on the identity of each vehicle for hire inspected, and a written
document signed by the qualified inspector that includes the date of the
inspection, and the nature of any deficiencies or defects discovered, plus a
PVAC approved standard form inspection list supplied by staff that lists the items
that must pass inspection. The certificate holder shall acquire and retain written
evidence of all remedial actions and services performed, and the name, address
8
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Agenda Item No. 17 A
December 12, 2006
Page 12 of 36
and telephone number of each inspector, repairer and/or mechanic, plus the
name, street address, local telephone number, and the Motor Vehicle Repair
Registration Certificate number then issued by the Florida Department of
Agriculture and Consumer Services for that repair facility's specific location
(pursuant to Chapter 559, Florida Statutes, as now or hereafter amended or
renumbered, or any successor in function Statute, rule or regulation). Each such
permanent registry and inspection, deficiency and repair documentation shall be
made available for inspection and/or copying by the County during the certificate
holder's regular business hours. The original then most recent inspection form
for the vehicle and papers that prove completion of repair of all items, if any, that
failed the last vehicle inspection must be presented to staff prerequisite to
acquiring that vehicle's initial certification or renewal thereof. A vehicle for hire
which fails to meet the operating and safety requirements of this article, of
Chapter 316, Florida Statutes, and/or any other applicable law, rule, and
regulation shall not be operated in for the transportation of passengers for hire
while such defect or deficiency exists.
(b) All corrections or repairs required in order to comply with the minimum
vehicle standards set forth herein shall be accomplished within 15 days from
notification of the violation. Notification of any such violation by staff shall be in
writing and be hand delivered or delivered by certified mail, return receipt
requested, or by other lawful means of service. The date of receipt of the notice
of violation shall commence the running of the fifteen (15) day period. The
vehicle shall not be operated as a vehicle for hire until the failures are certified as
having been corrected. Failure to correct any such violation within 15 days shall
be a violation of this article.
(c) Nothing in this Article shall be construed to effect any aspect of
Chapter 316, Florida Statutes, including any traffic citation issued by any law
enforcement officer, including for unsafe operation of the vehicle or because the
vehicle is not properly equipped as referenced in Section 316.610, Florida
Statutes, or otherwise.
Sec. 142-33. Driver's Service Standards.
(a) In accepting passengers, no vehicle for hire driver shall discriminate
on the grounds of race, color, national origin, gender, religion, creed, politics, or
affiliation with any group. Drivers may refuse service to any person who is
disorderly or who causes the driver to have a reasonable apprehension of fear
for his property or the driver's safety.
(b) No operator/driver shall refuse to accept any passenger desiring
service because of short or long haul destination. Drivers shall transport
passengers to their destination by the most direct available route from the place
where the passenger enters the vehicle for hire unless a different route is
9
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Agenda Item No. 17 A
December 12, 2006
Page 13 of 36
requested at the initiative of the passenger. No person shall be admitted to a
vehicle for hire occupied by a passenger without the consent of the passenger.
(c) Upon request, a receipt shall be given by the driver on conclusion of
the trip, showing the name of the driver, vehicle number, year, month, and date,
thee starting time, the place of origin and destination of the trip, the amount of
fare collected, and the number of passengers, and the total miles or units
accumulated during the trip.
(d) Any electrical device such as a radar detector/"fuzz buster," or police
two-way or similar scanner, or two-way radio frequency monitor is prohibited
within the vehicle for hire.
(e) No driver shall operate any vehicle for hire whose vehicle permit or
certificate has been suspended or revoked, and each taxi driver must clearly
display (visible to all passengers) a then valid and unexpired driver identification
issued to that driver by the County.
(f) No driver shall solicit any passenger in any hotel, lounge, nightclub,
restaurant. bar, boardinghouse, or any other commercial establishment without
expressed permission to do so from the management of the respective entity.
(g) Personal property left in any vehicle for hire shall be retained for
ninety (90) days, after which the property may be considered to be abandoned if
the notice requirements of Chapter 705, Florida Statutes, have been met.
(h) No certificate holder, permit holder or driver shall possess at its place
of business, dispatch operation, building, or in any vehicle for hire any device
designed to be used for monitoring any competitor's radio frequency.
(i) No driver of a motor vehicle for hire shall consume any alcoholic
beverage or any controlled substance, or be under the influence of any alcoholic
beverage or controlled substance while on duty or while driving a vehicle for hire.
U) At all times when the vehicle for hire is being operated~ as a vehicle
for hire, the driver thereof must display his/her Collier County issued Driver's
Identification card so that the I.D. is clearly visible to passengers. The text of the
ID Card must By be in English and must include a color photograph of the driver~
Ihe ombolEloned card number assigned to that driver from the County must be in
emboldened text~ afl4 must include a telephone number that can be called to
contact the PVAC Staff, and must include "Receipt for cash payment available
upon request" and "How was your service?" Additional details regarding the ID
Card, such as its size, shape and text can be modified from time-to-time by
resolution(s) adopted by the PVAC. No one except an authorized County
employee shall in anyway alter any such County issued ID Card. Each driver's
PVAC issued ID must be renewed every twelve (12) months (during the
anniversary month of the respective HD) and a PVAC issued ID renewal stamp
must be affixed to the front of the driver's ID during the month of the driver's
original ID issuance. Original issuance of the ID, as well as issuance of each
annual operator's ID renewal stamp, shall be subject each year to staff receiving
10
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Agenda Item No. 17 A
December 12, 2006
Page 14 of 36
and verifvina that driver's affidavit swearing under oath, if true, that the driver's
Florida operator's permit authorizes operation of all types of for hire vehicles that
individual is then authorized by the PVAC to operate, and that the driver has not
been found guilty or convicted, regardless of adjudication within the applicable
time frames of any crime listed in Section 142-37 of this Article, and that the
applicant has never been found not guilty of any crime (felony or misdemeanor)
because of that applicant's insanity, and, finally, that the applicant is not then
insane, either by adjudication or by certification by physician(s). Driver 10 fees, if
any, shall be set by Board of County Commission Resolution.
Sec. 142-34. Designation of vehicles for hire; subcontracting vehicles for hire.
(a) All taxicabs utilized by the respective certificate holder shall be
painted in the color scheme approved by the PVAC. All changes in color scheme
must comply with the procedures outlined in subsection 142-52. The name of the
certificate holder shall be clearly displayed on the car in lettering which is at least
three inches in height and is clearly visible. The lettering must be permanently
affixed to the vehicle. Magnetic signs are prohibited. All taxicabs must have a
permanently mounted top light at least ten-inches wide (wide side facing to the
front) and four inches in height, mounted on the roof of the cab and illuminated
with a tell-tale light indicating when the cab is occupied. The top light shall be
used only to indicate whether the vehicle is at that time available for vehicle for
hire business.
(b) SCHEDULE OF FARES. The owner/operator shall post the then
applicable schedule of fares and charges in the taxicab, which schedule shall be
clearly and conspicuously visible to passengers. The words "rate," "rates," or
"rates of fare" shall precede the rate statement, which shall be fully informative,
self-explanatory, be readily understandable by the ordinary passenger, and be
the same as that rate for which the taximeter is calibrated. The rate schedule
shall be of a permanent character or be protected by suitable transparent
protective cover material. If the PVAC adopts any standard form schedule(s),
such schedule(s) must be displayed.
(c) Taximeter. Each taxicab shall be equipped with a taximeter that
meets all specifications, tolerances, and other technical requirements for
taximeters required by the then most current version of Handbook M.44, National
Institute of Standards and Technology. The face of every taximeter shall at all
times be visible from the taxicab's passenger compartment and shall be
illuminated so that passengers may ascertain the amount of the fare registered
by the taximeter. The signal affixed to any taximeter shall never indicate that the
taxicab is vacant when such taxicab is engaged by a passenger. No one shall
operate any taxicab for hire unless its taximeter has been inspected and found to
be accurate, in satisfactory operating condition, and sealed pursuant to
applicable laws, rules and regulations. Each taxicab permit holder shall have the
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Agenda Item No. 17A
December 12, 2006
Page 15 of 36
taxir.neter in good working condition and operating accurately. Such meters shall
be sealed to prevent any person other than a person authorized under then
applicable laws, rules and regulations, aM from changing the adjustment of
same. It shall be a violation of this article to operate a taxicab when a taximeter
does not accurately register the correct mileage rate. Evidence of breaking of an
official taximeter seal shall be prima facie evidence that such taximeter has been
tampered with does not accurately register the correct information. Except when
the taximeter is calibrated, recalibrated and/or if adjusted by a person employed
by the county (or by a person employed by an entity under contract with the
county to perform such services) the certificate holder shall deliver a copy of
each such certification to staff not later than ten working days following the
respective calibration, re-calibration and/or adjustment.
(d) Charter service vehicles. Charter service vehicles shall not
hGroafter be painted in any color scheme that has then been authorized by the
PVAC to any certificated or permitted taxicab(s). Sedan and limousine service
type vehicles may display the certificate holder's trade name on only the front
license plate of the vehicle and/or in an area not to exceed 72 square inches in
total area and permanently affixed to the rear bumper or other place on the rear
of the vehicle, but not on any window. Maqnetic siqns are prohibited on vehicles
for hire unless approved in writinq by staff. Maqnetic siqns will not be approved
by staff unless the requested maqnetic siqn is required to be temporarily placed
on the vehicle to enable the vehicle for hire to provide vehicle for hire service to
an airport. seaport, or other substantially similar qovernment or Quasi-
qovernment facility. No charter service vehicles shall place any type or form of
light device on the roof or have such a light within the interior of the vehicle so as
to possibly indicate that the vehicle is a taxi. Except to the extent then otherwise
required by law, no signage shall be affixed to or displayed from, in or on any
vehicle for hire vehicle window (other than on van windows) except one window
as follows: The PVAC issued vehicle ID number and the applicable e-mail and/or
web site address(es), which text (except on van windows) must be displayed
horizontally, level and be proportionally spaced, and the window signage vertical
dimensions (except on a van side windows) shall not exceed four inches in
height and shall not be stacked one over the other. Van Signage: Total signage
on each van, including handicapped vehicle van, may cover up to 30 percent of
the van's frontal area, side areas, and the rear area, all including the van's
respective window areas. The van's front area, rear area, and side area 30
percent maximum shall be calculated separately. Signage on the front area of a
van may include the name of the certificated individual or entity (which may be
part of the van's logo), but the text on the van's front signage, including when
part of the larger logo, shall not exceed a height of four inches. Signage on the
rear area of a van may include the name, logo, and/or telephone number(s) of
the PVAC certificated individual's (or the PVAC certificated entity's name), and
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Agenda Item No. 17 A
December 12,2006
Page 16 of 36
only the text (letters and/or numbers) on a van's rear area shall not exceed a
height of six inches, but the logo may exceed such height. Signage on the side
area(s) of a van may include the PVAC certificate holder's address, and its name
(separately or as part of a logo), telephone numbers(s) and e-mail and/or website
address(es). Neither the size of text nor any other sign age on a side area of the
van is limited by this article except as to the maximum 30 percent total side
signage coverage area, which includes the respective side window area(s).
Signage existin€l on a ':ehiclo fer him van 3S of tho effocii'/e dato of this article
that 90es not then comply 'Nith these signa€lo sJ3oGi~Gations is allewe9 a grace
peri09 sf 365 d3Ys from that dato to Bring sblch van signage inte Gomf3lianco with
reqbliremonts sfthi& sblB&ection (d).
(e) Subcontracting vehicles for hire. Except for subcontracting vehicles
for hire for short term special events, only vehicles for hire being operated under
a county certificate shall be subcontracted in Collier County. Except for short-
term special event subcontracting of vehicles for hire, all subcontracted vehicles
for hire must be insured up to at least the minimum insurance requirements by
insurance coverage provided by ef the vehicle for hire person or entity to which
each such vehicle(s) for hire is/are subcontracted by (including leasing to) the
county certificated vehicle for hire person or entity. Short term special events
mean those occasions that occur ffam infrequently from time-to-time, usually only
once annually, when a person who, or entity that, is operating a vehicle for hire
business pursuant to the county's certificate and requires temporary use of
vehicles for hire because the fleet of the respective certificate holder comprises
too few vehicles to fully service the short term special event. Short term special
events include graduation ceremonies from schools, golf tournaments, or other
like events of short duration, usually less than seven consecutive days. Vehicles
for hire that are subcontracted only for short term special events may be
certificated by a municipality or by another Florida county, but the certification
must be current and effective at the time of the subcontracting of leasing.
Vehicles that are subcontracted only for short term special events shall not be
used except to provide services required by the respective special event. Any
vehicle subcontracted by, or leased to, a vehicle for hire business certificated by
the county for anything except short term special events must be independently
certificated by the county.
Sec. 142-35. Schedule of Taxi Rates and Taxi Charges.
(a) Rates and charges of charter services and of taxicabs under contract
to provide long-term services are not regulated except that other taxicab fares are
regulated. No chartor service vohiclo oporater shall transport, advortice, display,
or otherwise offer to transf3ert any passengor( c) blndor any r-ntes except iic re€lbllar
chartm service rates, whict:! ratec shall not bo worated, di&ceblnted, divided, or
etherwice redblcod so as to resemblo er attompt to compete on a price bacic with
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Agenda Item No. 17 A
December 12, 2006
Page 17 of 36
any tcaxisab Fate&. If a cern~laint i& R"laEle t9 &taff that any &l:Ish viglatioFl ha&
oommec:l, tho regl:llar CR3rtgr &ervice rates gf the per&gA er entity eeiFl~
inve&ti~ateEl fur &l:Ich allg~eEl violatien &hall ulgen reElue&t ee I'lremf;ltly proviElgs in
writing t9 &taff. The taximeter shall not be turned off durino an on-duty trip that
commences in Collier County, does not 00 outside of the County's oeooraphic
boundaries, and ends in Collier County (includino in a municipalitv). The rate
charoed for such trip shall not be qreater nor less than the amount shown on the
taximeter except discounts are allowed for passenqers sixty (60) years of aoe or
older. There shall be no extra charge for handling luggage or baggage.
(b) The following is the schedule of m3xiR=lum rates for taxicabs operating
in the County:
(1) For the first one-tenth mile or fraction thereof.. $2.50 optional to $2.75
(2) For each additional two-tenths mile or fraction thereof ......... 0.45
(c) The following m::lximum charges are required in addition to the
maximum rates set forth in subsection (b) l:leFeef above: $24.00 m::lximum per
hour standing/waiting time with a maximum required rate and interval of time of
not le&& than $0.20 per 30 seconds, RGt to excees $O.4Q in gno minl:Jtg in
accordance with the time elapsed on the taximeter.
(d) Rate Change Procedures.
(1) The Public Vehicle Board may from time-to-time require the owners
and operators of taxicabs to appear before the PV AC at a public hearing to
review their rates for reasonableness. Owners and operators may petition the
PV AC for a review of their rates.
(2) Prior to a public hearing pursuant to this section and upon request
from the Public Vehicle Board or from taxicab owners, the County Manager may
investigate and prepare a report concerning the then existing rates and charges,
including regulation thereof by the PVAC. The report shall consider all financial
and operating reports that are submitted by operators to determine operating
ratios, revenues, expenses, and potential impact of any proposed rate changes.
For rate-making purposes, the County Manager will not consider any cost
incurred in the acquisition of a license or political contributions. Costs to be
considered will include vehicle operating, maintenance and repair expenses,
salaries of drivers, dispatchers and supervisors, plus insurance costs, taxes, and
administrative expenses.
(3) The report from the County Manager shall be reviewed by the PVAC,
which shall make a recommendation regarding rate matters to the Public Vehicle
Board.
(4) The Public Vehicle Board should within 60 days after receipt of the
staff and PVAC recommendations, schedule a public hearing concerning the
proposed rate changes, at which hearing all interested parties shall have an
opportunity to be heard. The Public Vehicle Board shall consider the staff report
and recommendations, the PVAC's recommendation, and all evidence produced
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Agenda Item No. 17 A
December 12, 2006
Page 18 of 36
at the Board's hearing, and by resolution shall determine and set the appropriate
rates as may be in the public interest. Appeals of the Public Vehicle Board's
decision shall be to the Circuit Court of the 20th Judicial Circuit in and for Collier
County in accordance with Florida Appellate Rules.
Sec. 142-36. Daily manifest or trip log required:
Every motor vehicle for hire owner or operator shall maintain a daily
manifest (trip log) upon which the driver shall promptly and legiblye record the
following information: Name of the driver; vehicle number; year, month, and date;
the starting time, place of origin and destination of each trip, the then applicable
rates and charges for that vehicle for hire, the amount of fare collected and the
number of passengers of each trip during that driver's driving period. All
completed manifests shall be retumed to the owner of the business by the
operator at the conclusion of his/her tour of duty. The forms for each manifest
shall be fumished to the operator !2Y Gf said owner. No one shall destroy,
mutilate, alter or otherwise deface any daily manifest for at least one year. Said
manifests shall be available for inspection and/or copying by the county for a
period of not less than one year after the date of the respective manifest.
Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Criminal
History Record Checks: Conviction of Specified Crimes after Driver Approval
from the County.
(a) Each driver of a motor vehicle for hire must hold a current and valid
driver's license (operator's permit) in said driver's name issued by the State of
Florida. The respective Florida driver's license must authorize all types of driving
being conducted by the respective driver. A copy of each such driver's license
must be maintained by the operator and, upon request from staff, must promptly
be delivered to staff.
(b) Before each respective driver applicant operates any vehicle for hire in
unincorpor3tod Collier County pursuant to this article, each driver applicant and
certificate holder (if the certificate holder is not the driver applicant) shall be
responsible for ensuring that each of that certificate holder's prospective drivers
verifies by having the Florida Department of Lav: Enforcement providg directly to
staff that imlividual's below dEl&cribgd fingerprint ba&od criminal mcord check!>
aM an affidavit properly sworn to and subscribed by the driver applicant and
delivered to County staff swearing or affirming, if true, that such driver applicant
has not been adjudicated insane, has not been certified insane by physician(s),
and had never been acquitted anywhere of any crime because of that individual's
insanity, and has not been found guilty or convicted, regardless of adjudication,
of any of the following three year crimes (if convicted within the then past three
years) and/or any of the following ten year crimes (if convicted within the then
past ten years), and that the applicant's operator's permit had not been
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Agenda Item No. 17 A
December 12, 2006
Page 19 of 36
suspended or revoked anywhere within the then past three (3) years, but
excludina operator's permit suspensions based on facts not related to the
violator's responsibility to operate a vehicle for hire. such as to failure to promptly
pay fines (except fines based on vehicle movina violations), delinauent support
oblioations; or failure to comply with subpoenas, orders to appear. orders to
show cause and other substantially similar orders unrelated to motor vehicle
violations. Eact:l apl'llili:ant ffiblst ge ~ngerprinteg ami the apl'llicant mblct have
thoca ~n~erprint& geli'/ergs to tt:le Floriea DeJilartmeRt of La'.\' Enfersoment for a
&tate criminal hictery sheck.
(c). Criminal Historv Record Checks. County staff is responsible for
reauestina these criminal historv record checks. The information supplied to staff
in response to each criminal history record check shall determine the applicant's
eligibility to operate a vehicle for hire under this article. The PVAC and staff shall
take into account every acquittal of any crime any time and anywhere based
upon the insanity, but shall not consider any other conviction, as "conviction" is
defined in this article, that occurred more ~ than ten UQ..}. years before the date
of the application, and shall not consider any conviction that had been set aside
by cost-conviction proceeding. Such post conviction proceedings information is
also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law)
disclosure. An individual ever havina been classified a habitual traffic offender.
habitual felony offender. habitual violent felony offender or violent career criminal
is prohibited from operatina a vehicle for hire in vehicle for hire service. or to hold
a PVAC issued certificate to operate, and any such classification that occurs after
the individual has been issued a PVAC issued 10 and/or certificate to operate
shall automatically cancel such 10 and certificate, and shall render that individual
forever ineliaible to operate any vehicle for hire in Collier County or hold a PVAC
issued certificate to operate pursuant to PVAC authorization.
The Three year crimes are:
(1) Any crime involving the sale or possession of any controlled
substance.
(2) The Florida RICO Act, as amended, currently Sections 895.01 through
895.06, Florida Statutes; or
(3) Driving while intoxicated or under the influence of drugs or any other
alcohol or drug related offense; or
(4) Vehicular manslaughter; or
ill ~ Reckless driving; or
illl ~ Exposure of the sexual organs (Section 800.03, Florida Statutes),
and/or any crime pertaining to prostitution, except subsection 796.03, Florida
Statutes, Procuring person under age of eighteen (18) for prostitution, which is
listed below as a ten year crime.
The Ten Year Crimes and No Time Limit Determinations are:
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Agenda Item No. 17 A
December 12, 2006
Page 20 of 36
ill) (7) Murder, E.!J.Y manslaughter, armed robbery, armed buralary, arson,
kidnaooina, cariackina. home invasion. aaaravated stalkina, aaaravated child
abuse. aaaravated abuse of an elderly or disabled adult. or assault with a deadly
weapon~ '* Also any aggravated assault except when the only victim of such
assault was a member of the applicant's family and the assault occurred during a
family dispute; or
ill ~ Section 784.011, relating to misdemeanor assault, provided the
victim of such assault was a minor and/or Section 784.03, Florida Statutes,
relating to misdemeanor battery, provided tRe each victim of the battery was a
minor; or
@} f91 Each felony listed in Chapter 784, Florida Statutes, irrespective of
the age of any victim of any such felony; or
!.ill fW) Section 787.01, Florida Statutes, related to kidnapping a child
under the age of thirteen (13) unless the child was the driver applicant's child; or
i1Ql f4-:4 Section 787.02, Florida Statutes, relating to false imprisonment
of a child under the age of thirteen (13) unless the child was the driver applicant's
child; or
U1J. fm Section 787.025, Florida Statutes, related to luring or enticing a
child into any structure, dwelling or conveyance unless the child was the driver
applicant's child; or
@ ~ Any felony violation of Chaoter 790, Florida Statutes, involvina
the use or oossession of a firearm, or allY violation of Subsection 794.011(2), (3),
(4), (5) or (8), Florida Statutes, relating to sexual battery; or
ml ~ Subsection 794.05, Florida Statutes, relating to unlawful sexual
activity with certain minors; or
!.H.l ~ Section 796.03, Florida Statutes, related to procuring person
under the age of eighteen (18) for prostitution; or
@ t:t-91 Section 800.04, Florida Statutes, relating to lewd or lascivious
offenses committed upon or in the presence of persons less than sixteen (16)
years of age; or
!.1ill. t++1 Section 825.1025, Florida Statute, relating to lewd or lascivious
offenses committed upon or in the presence of an elderly person or disabled
person; or
Ull ~ Section 827.03, relating to child abuse or aggravated child abuse;
or
l.1.ID-f+91 Section 827.04, Florida Statute, relating to contributing to the
delinquency of a child; or
.um f2Gt Subsection 827.071 (2), Florida Statutes, relating to use of a child
in sexual performance; or
(20) ~ Subsection 827.071 (3), related to promoting a sexual performance
by a child unless the driver applicant can prove to the PVAC that the conviction
did not involve the driver applicant directing any such sexual performance; or
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Agenda Item No. 17 A
December 12, 2006
Page 21 of 36
!21H~) Section 847.0133, Florida Statutes, related to knowingly sell, rent,
loan, give away, distribute, transmit or show any obscene material to a minor; or
(22) ~ Section 847.0145, Florida Statutes, relating to transfer, attempt or
assist in any transfer of custody or control of a minor for any therein specified
sexual conduct.
fs} LQ.l Exemptions. There shall be no exemption reoardina any individual
who has ever been classified as a habitual traffic offender, habitual felony
offender, habitual violent felony offender and/or violent career criminal in Florida
or in any other State or territory. The PVAC may grant an exemption to permit the
applicant to operate a vehicle for hire pursuant to this Ordinance provided the
applicant proves to the PVAC the following by clear and convincing evidence: (i)
that each ten year crime conviction occurred at least five years prior to the date
of the application; (ii) that the applicant had been lawfully released from all
sanctions for each three year crime and from each ten year crime; (iii) the
relationship of the applicant to each victim, including the age and gender of each
victim; (iii) all harms the commission of the crime caused to each victim. (vi)
whether the crime involved violence or use of a weapon, (v) the applicant's
history since the date of each conviction, including evidence of rehabilitation, (vi)
whether the applicant is likely to present any such victimization to any vehicle for
hire passenger, and (vii) the applicant's response to medical treatment, if any,
related to such criminal behaviors, and (viii), the applicant's then present state of
sanity if the applicant had ever been acquitted anywhere of any crime because of
that individual's insanity, or had ever been judicially declared, or had ever been
medically certified, to be insane. The PVAC may impose restrictions upon the
applicant's vehicle for hire driving activities.
~ ~ The PVAC may consider evidence offered by others in support of or
in opposition to granting an exemption and driving activity restrictions.
fe+ ill Notwithstanding any other provision in this Ordinance, the PVAC's
decisions regarding exceptions, exemptions and restrictions shall be final and
shall not be eligible for appeal or other review by the Public Vehicle Board.
fij (g} If a then approved driver is convicted of any of the aforesaid crimes,
the certificate holder shall not permit the driver to operate any vehicle for hire in
Collier County. In the event that a driver's license is suspended or revoked, or a
driver is convicted of any of the above-listed offenses, regardless of adjudication,
the certificate holder and the driver shall notify staff in writing of the suspension,
revocation or conviction immediately upon the driver or the certificate holder
becoming aware of such conviction. The certificate holder shall maintain a
permanent registry containing information on the identity of each driver permitted
to operate a permitted vehicle under the certificate holder's authority. Said
permanent registry shall be available for inspection and/or copying by the County
during the certificate holder's regular business hours.
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Agenda Item No. 17 A
December 12, 2006
Page 22 of 36
W .Ull "Conviction" applies to Florida and to crimes with substantially the
same elements in other jurisdictions covered by the respective criminal history
record check, including military courts, and includes a finding of guilty, or entry of
a plea of nolo contendere or guilty, regardless of adjudication. and includes
acquittal of any crime (felony or misdemeanor) because of insanity of the
defendant; and in the case of a juvenile, a finding of delinquency based upon
elements of the offense that would constitute commission of such crime if the
applicant had not been a minor. "Sanctions" include, and are not limited to,
parole, probation, community control, conditional release, control release, or
incarceration in any state prison, federal prison, private correctional facility, local
jailor other local detention facility, including juvenile facility.
Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers.
No driver of a vehicle for hire shall consume any alcoholic beverage or
any controlled substance or be under the influence of any alcoholic beverage or
controlled substance while driving on duty.
Sec. 142-39. Refusal of Passenger to Pay Legal Fare.
It shall be unlawful for any person to refuse to pay the legal fare of any of
the vehicles governed by this article after having hired the vehicle. It shall be
unlawful for any person to hire any vehicle for hire with the intent to defraud.
Sec. 142-40. Advertising Services by Collier County Certificate Holders.
It shall be a violation of this article for any person or entity that is required
to have a certificate to operate in Collier County to advertise in Collier County a
service that one is not then certificated to provide in Collier County. All
advertisements for illlY. such vehicles for hire services printed or contracted for
after July 31,1991, January 31.2007 and published in a telephone directory, aF
newspaper, internet. business card. brochure. flyer or other substantially similar
advertisement distributed or published in the County shall include the applicable
Collier County certificate number. Each certificate holder shall ensure that the
applicable certificate number is provided to the publisher for inclusion within the
text of each advertisement. There shall be no advertising in Collier County in any
name except the name to which the certificate is issued by the PVAC or Florida
reqistered fictitious name. No advertisement in Collier County shall indicate the
availability of any type of service(s) that will not be provided immediately in
Collier County.
Sec. 142-41. Use for Immoral Purposes.
No person shall use, or permit any person to accompany or use~ a vehicle
for hire for the purpose of prostitution or lewdness or to transport or offer or agree
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Agenda Item No. 17 A
December 12, 2006
Page 23 of 36
to transport any person with knowledge or reasonable cause to believe that the
purpose of such transporting is for the purpose of prostitution or lewdness.
Sec. 142-42 - 142.50. Reserved.
DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE.
Sec. 142-51. Certificate and decals required; sub-certificates.
(a) No person shall operate or permit a motor vehicle owned, leased
to, sub-contracted by, or otherwise controlled by that person or entity to be
operated as a motor vehicle for hire upon any street in the county without having
first obtained a certificate to operate. No vehicle for hire, including sub-contracted
vehicle for hire, shall operate under any county certificate unless that vehicle is
displaying a current color coded vehicle decal permanently affixed to the left
ffis+Qe outside bottom corner of the 'Nindchield rear window and on the !QQ
outside riaht corner of the front windshield left cide of the rear Bumper. All such
decals except short term special event decals have a duration not to exceed one
year. All vehicles for hire, including subcontracted vehicles, must display the
required decals, which decals must be removed from the vehicle by the driver or
certificate holder immediately following suspension or expiration of the decal, or,
if applicable, suspension or revocation of the operator's or the person's or entity's
certificate. Vehicles subcontracted for short term special events may display a
temporary sticker, issued bv staff, which shall be removed immediately following
the termination of the short term special event.
(b) Sub-certificates. If a certificated individual or entity, for any legitimate
business reason(s), requests issuance of a sub-certificate from the PVAC. the
PVAC may issue one or more sub-certificates requested by the applicant subject
to supplying staff with written proof that the sub-certificate shall be owned only by
the owner(s) of the related full certificate, and that the sub-certificated operations
shall operate only from the same geographic location(s) as the operations
authorized by the related full certificate. The application fee and the renewal fee
shall be one-half the then applicable fee for a full certificate. The applicant
requesting a sub-certificate need only not provide to staff any information that is
required prerequisite to applying for a full certificate provided such information
relevant to all the application for a sub-certificate is then on file with staff and is
correct and complete. No sub-certificate shall operate as a full certificate, nor
add a vehicle to a certificate or otherwise perform a function that can be
accomplished by amending the applicant's full certificate. A sub-certificate can
be used to add one trade name to the applicant's full certificate. Sub-certificates
are a courtesy to the certificate holder whereby all decisions by the PV AC to
grant or deny a sub-certificate are final. Suspension or termination of a full
certificate shall automatically suspend or terminate every sub-certificate issued
under the respective full certificate unless expressly decided otherwise by the
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Agenda Item No. 17 A
December 12, 2006
Page 24 of 36
PVAC for good cause in the specific case. The PVAC may from time-to-time
enact resolutions to adopt rules applicable to sub-certificates provided no such
rule conflicts with this article. Throughout this article, references to a "certificate"
shall include each related "sub-certificate" unless that construction would lead to
an absurd result.
Sec. 142-52. Application for certificate to operate.
(a) An application for certificate shall be filed with the PVAC on forms
provided by the county manager with a nonrefundable application fee for each
certificate. The prescribed fee shall be adopted by resolution of the board of
county commissioners. The application form shall be verified under oath and
shall furnish the following information:
(1) If an individual, name and address of the applicant.
(2) If a partnership, name and address of the applicant's business:
names and addresses of all partners.
(3) If a corporation: the exact corporate name and business address of
the applicant's corporation, name and address of all directors and officers,
articles of incorporation and all amendments thereto along with a certified copy of
the certificate of incorporation.
(4) The names and addresses of all persons or entities holding a ten
percent or greater beneficial interest in the applicant's business or company.
Failure to disclose such interest shall be grounds for the denial of the application
of any applicant or revocation of any certificate.
(5) Business telephone number and. if applicable, e-mail address and
FAX number.
(6) The trade name under which the business will operate. The trade
name under which the applicant intends to do business shall not be deceptively
similar to the trade name of any other then current certificate holder or sub-
certificate holder. Approval of the use of a trade name does not imply the use of
said trade name is otherwise legally authorized. A separate certificate or sub-
certificate is required for each trade name or fictitious name. No certificate or
sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab"
in its name unless it will immediately be providing taxi services in the county.
Each individual or entity must comply with this requirement to be eligible to be
issued its PVAC certificate for 2006 or prerequisite to transfer its certificate or
permit prior to that timQ. The preceding sentence shall not apply only to the two
currently PVAC certificated vehicle for hire businesses that had "taxi," "cab" or
"taxicab" in their trade name as of December 11, 2002. Each PQrs:on or ontity
plannin!3 to oPQrate under 3 fictitious: n3FAO s:h311 3tl3ch to tho 3pplicatiQn 3
notarized copy of tho ne'Ns:papQr notico pUDliE:hod in 3ccord3noo with F.S. ~
!H~5.0Q.
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Agenda Item No. 17 A
December 12, 2006
Page 25 of 36
(7) The name, color scheme, and monogram or insignia to be used to
designate the taxi or taxicabs of the applicant. An applicant for taxicab
certification shall also submit a colored sketch and/or photograph of the vehicle
color scheme, lettering, monogram and/or insignia. A colored sketch and/or
photograph of th9 monogml'lh of the monogram or insignia, lettering size with the
color scheme of the lettering, vehicle color scheme. and top light design which
shall conform to regulations issued by this article. The color scheme and
monogram or insignia shall be unique and readily distinguishable from the color
schemes and monograms or insignias previously approved for prior applicants.
Any changes to an approved color scheme, monogram, or insignia must be
approved by the PVAC.
(8) The experience of the applicant in the transportation of passengers in
the form of a typewritten and signed experience statement.
(9) The minimum and the maximum number of vehicles planned to be
operated and controlled by the applicant and the location of proposed depot(s)
and/or terminal( s).
(10) If operating under a fictitious name, attach proof that said name has
been reqistered with the State of Florida 3 notarizod COflY of proof of ad'lorti~ing
to tho 3flplic3tien in accord3nco with aoction 865.gQ, Florida atatuto~. A
separate certificate to operate is required for each fictitious name.
(11) The required certificate of insurance or verification from an insurance
company authorized to do business in Florida that the applicant is insurable and
that an insurance policy meeting at least the minimum standards set forth in this
article shall be issued if and when the application is approved. In each instance
submission of a certificate of insurance must precede the issuance of a vehicle
permit.
(12) I'. Eche9ule of flropo~od faroE, rateE, and/or charge~ other than taxi
metered rate~ (at the than applicablo rato~ 3~ E:pocified pursuant to ,^.rtiole ).
~ L1ll A current credit report compiled for the applicant by a nationally
recognized credit agency, and if the applicant is a business entity in existence for
less than one year, a current credit report for each owner compiled by a
nationally recognized credit agency.
{+41 Dll Two credit references including at least one bank or financial
institution where the applicant has maintained an active account for at least one
year or the longest time for which the applicant has maintained an active account
in a financial institution if such period is shorter than one year. If the applicant is
a business entity in existence for less than one year, two credit references
including at least one bank or financial institution where the applicant has
maintained an active account for at least one year or the longest time for which
the applicant has maintained an active account in a financial institution if such
period is shorter than one year.
22
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Agenda Item No. 17 A
December 12, 2006
Page 26 of 36
~ .c..w A list of criminal convictions for which the applicant, owner,
directors, officers and managers have been found guilty, regardless of
adjudication, in Florida or any other state of the United States, indicating the
offense, the date and the state. Applicant shall also siqn and submit a criminal
historv/backqround verification request form provided to the applicant bv staff.
f+9} .u.ID The name of all managers.
M u..m Application must be accompanied by the required application fee.
(b) On the filing of the application, said application shall be reviewed by
the County Manager, including any necessary verification of statements within
the application, for:
(1) Completeness of the application and applicant's compliance with this
article.
(2) Consideration of the taxicab color scheme to preclude confusion by
the riding public and to prevent infringement of a then current certificate holder's
color scheme.
Sec. 142-53. Issuance of the Certificate to Operate.
(a) All applications for a certificate to operate must be reviewed and
approved by the PVAC at a public meeting. Persons shall be allowed to speak
and provide relevant information regarding an Applicant's qualifications to
provide transportation services. If the PVAC finds that after review of the
application, public comment, if any, and relevant information, the Applicant is fit
to provide transportation services and conforms to the provisions of this article,
then the County Manager shall issue a certificate to operate stating the name of
the Applicant. If the PVAC determines that the Applicant is not fit to provide
transportation services or does not comply with the requirements of this article,
the application for a certificate shall be denied. The reasons for the denial shall
be stated in writing to the Applicant. The applicant may appeal an adverse
decision by the PVAC to the Public Vehicle Board for a review of the PVAC's
denial to the applicant. After review of the application, the Public Vehicle Board
may issue the certificate, or refuse to issue it, or may issue a certificate with such
modifications, or conditions as the Public Vehicle Board may deem appropriate.
No certificate shall be issued to any person or to any applicant who has or whose
owners, officers, directors or managers have been found guilty or have been
convicted, regardless of adjudication, within the then past five (5) years of any of
the following: any crime relating to the provision of transportation services, any
crime which is designated as a felony, any crime involving the sale or possession
of any controlled substance& as defined by Section 893.03, Florida Statutes,
called the Florida Rico Act; also exposure of the sexual organs aRG or any other
crime under Chapter 796, Florida Statutes, "Prostitution". No certificate shall be
issued to any Applicant who has an owner or an officer or director who was an
owner, officer or director of a vehicle for hire business which had a certificate
23
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Agenda Item No. 17 A
December 12, 2006
Page 27 of 36
revoked in the then past twelve (12) months. No certificate shall be issued to any
Applicant whose credit report indicates facts and circumstances showing a failure
to promptly pay bills related to vehicle for hire business.
(b) An Applicant shall pay the required certificate fee within 30 days of the
approval of the Application for a certificate pursuant to this Section. Failure to
pay the required fee for the certificate shall be deemed as withdrawal of the
Application and will result in the revocation of the approval of the Application for
the Certificate. Prerequisite to being issued a certificate, each Applicant for a
certificate must view staffs power point presentation regarding this Article (if not
previously viewed by such individual).
(c) Upon issuance of a certificate and as a requirement for maintaining a
certificate in good standing, continuously maintain a place of business in Collier
County at all times that such vehicle for hire business in County has sufficient
situs or presence in Collier County so as to be required by the Collier County
License Tax Ordinance to have a Collier County occupational license.
Irrespective of where occupationally licensed, each holder of a Collier County
Certificate shall continuously maintain a telephone number (at a local phone call
rate) to enable potential customers from Collier County to call to obtain
information and/or vehicle for hire service.
(d) Vehicle decals shall be color coded for each permitting year,
February 1 to January 31. Each vehicle permit and decal shall be separately
numbered. The vehicle decal shall be permanently affixed on each assigned
vehicle's left outside bottom windshield glass corner of the rear window and the
other decal at the right outside top windshield glass corner (driver's side) of the
vehicle's front window. All vehicle decals except temporary decals for sub-
contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals
shall be made of such material that after being affixed to the vehicle cannot be
removed without being destroyed. Upon the sale or transfer of a vehicle, the
certificate holder shall remove the vehicle decal and provide all remnants of such
removed decal to county staff. The certificate holder shall be responsible for
notifying the county manager in writing within ten calendar days of any then
currently valid vehicle decal destroyed or removed from a vehicle. Vehicle
permits shall be transferable only in the event of the replacement of an existing
vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire
operation of the previously permitted vehicle. Each new vehicle must meet the
requirements of this article prior to its being operated as a vehicle for hire by the
certificate holder.
(e). Only two vehicles for hire may be operated from a residence as a
home occupation and such vehicle(s) shall not come and go from the residences
so that the trips exceed normal residential vehicle traffic. All vehicle(s) for hire
that are operated from the respective home occupationally licensed residence
24
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Agenda Item No. 17 A
December 12, 2006
Page 28 of 36
must be operated only by County approved operators who then actually reside
within that residence.
(f). Each certificate holder shall notify the County Manager in writing
within ten days of any change in the business address and/or telephone number,
and shall take all actions, if any, required or authorized by the then applicable
Collier County Occupational License Tax Ordinance.
(g) Each taxicab shall be required to display a uniform and distinct
color scheme on all permitted vehicles. All such schemes shall be subject to
receive prior review and approval from the PVAC.
Sec. 142-54. Minimum insurance requirements.
(a) The following insurance requirements are intended to be minimurl12.
and do not imply or represent the necessary amount of coverage for any vehicle
or particular operator or driver of the respective vehicles for hire. All certificate
holders operating a vehicle for hire shall have in full force and effect motor
vehicle liability insurance for each ~ vehicle for hire owned by, leased to, or
otherwise controlled by operating company equal to or greater than $100,000.Og
$125,000 for bodily injury to anyone person, $300,000.00 for bodilv injuries to
more than one person which are sustained in the same accident, and
$100,000.00 for property damage sustained on one accident. Said insurance
shall be primary coverage that must injure to the benefit of any person who shall
be injured or killed, or who shall sustain damage to property proximately caused
by the negligence of the certificate holder, all drivers, and all masters, servants
and agents. Nothing in this article shall be construed to waive applicable state or
federal laws, if any, which then require a higher amount of minimum insurance
coverage or other insurance requirements includinq Sections 324.021, 324.031,
and 324.032, Florida Statutes. If a county permitted vehicle for hire ceases to be
covered by the full insurance specified in this article, the county permit for that
vehicle shall immediately and automatically thereby become null and void and
shall remain null and void unless and until the required insurance is again in full
force and effect. Vehicle permits decommissioned for vehicles temporarily taken
out of service shall be granted a 90 day insurance lapse period with proof of the
insurance cessation date before a renewal permit fee is required, except where
subsection 142-57(2) applies. Except for new certificates or sub-certificates,
these insurance requirements shall become effective 60 days after the effective
date of this article or as each certificate holder's or vehicle permit holder's policy
comes up for its next renewal, whichever is later, but not later than 365 days of
the effective date of this article.
(b) An original certificate of insurance shall be filed with staff and shall
have as an agent thereon an insurance company authorized to do such business
in Florida. The certificate of insurance shall contain the names of all businesses
under which the certificate to operate holder is doing business. The category of
25
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Agenda Item No. 17 A
December 12, 2006
Page 29 of 36
each motor vehicle for hire shall be specifically stated on the certificate of
insurance. The certificate of insurance shall include a schedule of all vehicles
covered. Said insurance policies must be issued for a minimum of one year and
shall cover each vehicle in use in the county. Certificates of insurance must
indicate that the board of county commissioners is named as an additional
insured. Further, said insurance policies shall be endorsed to provide for a 30
day prior written notice to staff of any material change, including any reduction in
the amount or scope of coverage, non-renewal, termination, cancellation, or
expiration. The certificate holder shall notifv staff immediatelv after one or more
oermitted vehicle(s) for hire is/are removed from the then aoolicable insurance
coveraqe and/or when one or more oermitted vehicle(as) is/are transferred to
insurance coveraqe from one insurance oolicv to another insurance oolicv,
and/or when any required insurance is no lonqer fullv in effect.
Sec. 142-55. Certificate fees, permit fees and conditions; renewals.
(a) No certificate shall be issued, continued in operation or renewed
unless the holder thereof has paid an annual nonrefundable certificate fee for the
privilege of engaging in the motor vehicle for hire business, presents to staff a
copy of a valid and active Collier County occupational license for each such site
in Collier County that is then required by law to have an occupational license,
and has paid in full all fines, fees and charges imposed directly or indirectly by
this Article. The prescribed fee shall be adopted by resolution of the Board of
County Commissioners. Said certificate shall be in effect from the period of
February 1 through January 31 and shall be in addition to any other license fee
or charges established by proper authority and applicable to said holder or the
vehicle or vehicles under his operation and/or control. The fee shall not be
prorated for a fractional part of the year. Upon expiration of the certificate, a new
certificate must be applied for pursuant to the procedures outlined in this Article.
It shall be a violation of this Article to operate any regulated service without a
valid certificate that authorizes the respective services. Prior to the expiration of
said certificate, the certificate holder must renew its certificate pursuant to the
provisions of this article. If all provisions of this article are complied with, the
County Manager will reissue a certificate in compliance with this article.
(b) Vehicle Permit. Before any motor vehicle shall be operated under any
certificate, the certificate holder shall apply for and receive from the County
Manager a vehicle permit. Each permit request shall be in writing and shall, by
the applicable vehicle registration and/or other documentation, contain the name
and address of the certificate holder, the make, type, year of manufacture, serial
number, state license plate number, category of vehicle, approved taxicab color
scheme if a taxicab, and seating capacity of each vehicle for which a the
respective vehicle permit is applied for. Each vehicle shall comply with all terms
as set forth at the time of certification. Prior to the issuance of the vehicle permit
26
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Agenda Item No. 17 A
December 12, 2006
Page 30 of 36
the following documents are required upon submission of each request for
vehicle permit:
(1) Proof of insurance in the form of an original certificate of insurance
including a schedule of covered vehicles.
(2) Proof of proper vehicle registration in any of the following forms:
a. A valid copy of the Florida Department of Highway Safety and Motor
Vehicles registration certificate. The state vehicle registration certificate must
classify the vehicle as a vehicle for hire commercial vehicle;
b. A notarized Florida Department of Highway Safety and Motor
Vehicles notification of transfer or registration license plate transferring an
existing license plate classified as a vehicle for hire; or
c. If applicable, any commercial registration legally authorizing the
vehicle to operate in Florida, Le., apportioned registration.
(3) An affidavit signed by the certificate holder stating that the vehicle to
be permitted meets the safety standards as required by this article. Said affidavit
shall have been issued not more than 30 days prior to the issuance of the vehicle
permit. Any vehicle that has failed to meet the standards set forth in this article
must be removed from service until all safety standards are complied with.
(c) Each vehicle permit shall automatically expire on January 31 of each
year unless renewed upon payment of the prescribed fee, submittal of the above
documentation and presentation of a valid occupational license for the permit
year. If the applicant is required to have a Collier County occupational license (or
licenses) pursuant to the Collier County Occupational License Tax Ordinance,
such Collier County license(s) shall be presented to staff, otherwise a then active
occupational license from one adjacent Florida County or from one municipal
corporation within an adjacent Florida County must be presented to staff. The
prescribed fee shall be as established by resolution of the Board of County
Commissioners. It shall be a violation of this Article to operate any vehicle for
hire without a valid (unexpired) vehicle permit.
(d) Vehicle decals shall be color coded for each permitting year, February
1 to January 31. Each vehicle permit and decal shall be separately numbered.
The vehicle decal shall be permanently affixed on each assigned vehicle's left
inside bottom windshield glass corner and on the left hand side of the vehicle's
rear bumper clearly visible when viewed from directly behind the vehicle. All
vehicle decals except temporary decals for sub-contracted vehicles must be
affixed to the vehicle for hire by staff. Vehicle decals shall be made of such
material that after being affixed to the vehicle cannot be removed without being
destroyed. Upon the sale or transfer of a vehicle or upon expiration of the
permitted period, the certificate holder shall remove the vehicle decal and
thereby destroy the decal. The certificate holder shall be responsible for notifying
the County Manager in writing within ten calendar days of any then currently valid
vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be
27
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Agenda Item No. 17A
December 12, 2006
Page 31 of 36
transferable only in the event of the replacement of an existing vehicle upon
proof of purchase of new vehicle and discontinued vehicle for hire operation of
the previously permitted vehicle. Each new vehicle must meet the requirements
of this article prior to its being operated as a vehicle for hire by the certificate
holder.
(e) Sub-contracted vehicles must obtain and display a temporary
vehicle permit and temporary decal at a cost of $5.00 per day per vehicle.
Securing such temporary vehicle permits and decals shall be the responsibility of
the certificate holder. Sub-contracted vehicles and drivers shall comply with all
sections of this article except those that clearly apply only to applic3tionE for
applications for issuance of original certificates or renewals.
(f) Applications for a vehicle permit for any vehicle not owned by the
certificate holder who is making application must be accompanied by a written
vehicle lease agreement between the owner of the vehicle and the certificate
holder. The application must also include proof of insurance covering each
leased vehicle. All vehicle lease agreements must be approved by the Code
Enforcement Department before issuance of a vehicle permit.
(g) Each taxicab shall be required to display a uniform and distinct color
scheme on all permitted vehicles. All such schemes shall be subject to receive
prior review and approval from the PVAC. No permit shall be granted to any
certificate holder to operate any taxicab covered by this article.
(h) After a permit has been issued, neither the color scheme, name, trade
name, monogram, insignia, lettering, or any other similar outwardly visible
physical aspect of the vehicle shall be altered or modified without approval of the
County Manager, including signage or advertising.
Sec. 142-57. Suspension or Revocation of Certificate.
(a) Suspensions. The certificate issued undor thiE: prOvltlOn may be
summarily suspended bv staff and the vehicle's decal be summarily removed by
staff if it is determined bv staff that such suspension is required to protect the
phvsical safety of any porwn(E) individual, or there ~ lli a violation of
subsection (3), (4) or (5), below. The certificate holder R'l;' may in writing to staff
request an expedited appeal to the PVAC of staff's suspension, and the PVAC
shall hold an appeal hearing thereon as soon as practical. The PVAC may
sustain, modify in whole or in part, or reverse staffs suspension. In all other
instances the certificate iEEbl99 ungor thit provition of thiE article may be revoked
or suspended only by the PVAG enforcement board or Special Master and only
after hearing if the holder thereof Rae:
(1) Violates any other provision of this article;
(2) Discontinues operations of all vehicles for more than 30 days for
unscheduled services, and seven days for regularly scheduled services;
28
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Agenda Item No. 17 A
December 12, 2006
Page 32 of 36
(3) Has Qeen convicted and found guilty, regardless of adjudication, of a
crime listed in StlbSection 142-37fb1 or in subsection 142-53(a) of this
article, or has ever been classified as a habitual traffic offender, habitual
felony offender. habitual vicious felony offender or violent career criminal
pursuant to any Federal Law, Florida Statute, or substantially similar
statute of anv other State or territory.
(4) Has made false statements under oath, in the application, or in any
other document required by, or submitted pursuant to, this article; or
(5) Knowingly permitted any vehicle for hire to be operated as a vehicle
for hire in violation of any law or this article.
(b) Revocations. No certificate shall be revoked except after a public
hearing by the P-\lAG enforcement board or Special Master by applyinq this
Article. The certificate holder may appeal (by certiorari) to tho P\lf'.C any
suspension or revocation of its certificate to a court of law as then authorized by
law. but shall not provide any vehicle for hire services in Collier County during the
&umm::uy suspension period or revocation. A hearing before the PVAG
enforcement board or Special Master on suspension or revocation shall take
place at a regularly scheduled meeting or special meeting of the PVAG the
administrative forum. After revocation of a certificate, no application for
certificate submitted by an owner, officer or director of the certificate holder being
revoked shall be accepted or considered for a period of twelve (12} months from
the date of the revocation if the prior certificate holder is eliqible to be issued
another certificate.
(c). Appeal to PVAC of Staff Denial of Driver's ID. Refusal by staff to
issue or renew an applied-for a driver's ID may be appealed in writinq to the
PVAC. The appeal shall be limited to appellant's arquments that the refusal was
not authorized by the supportinq facts applied to this Article. The PVAC cannot
reverse the refusal if the denial was authorized by applyinq the underlyinq facts
to this Article.
Sec. 142-58. Disciplinary Proceedings.
(a) Each complaint of a violation of this Article, including any other County
Ordinance referenced in this Article, or although not referenced in this article, is
independently applicable to the respective vehicle, individual, entity, building,
structure, or parcel of land, that is regulated by this Article or such other
Ordinance shall be made only to the code enforcement board staff employee.
The employee is authorized to refer such complaint to the Code Enforcement
Board or to the Special Master. Procedural rules applicable to the Code
Enforcement Board and/or the Special Master will apply to cases referred te by
the Code Enforcement Department.
(b) With assistance of staff, the complaining party should attempt to
specify with particularity which section(s) of this article, other applicable
29
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Agenda Item No. 17 A
December 12, 2006
Page 33 of 36
ordinances, and/or other applicable rules or regulations that the complaining
party believes have been violated by the certificate holder and/or driver, and the
essential facts in support thereof.
(c) Upon submission of a written or oral complaint, or upon knowledge
however obtained that raises staff reasonable suspicion that a violation has
occurred or is occurring, the Code Enforcement Investigator may conduct a
preliminary investigation and determine whether the facts as known warrant filing
formal charges or issuance of a written notice of violation to the alleged violator.
If such action is warranted, the Code Enforcement Department shall refer the
case to the Code Enforcement Board Dopartrnent or Special Master for
enforcement.
(d) If the violation is a continuing condition, including condition of a vehicle
and/or place of business premises that is/are curable, the notice of violation shall
include the number of days after receipt of such notice that the violation(s) must
be corrected (the deadline date) and the deadline date when written proof of the
cure must be delivered to staff. Failure to make all such corrections as required
and failure to notify staff within the prescribed time period shall result in an
automatic civil fine of one hundred and five dollars ($105) per day of such
failure(s) to meet the noticed deadline dates. Notwithstanding any other provision
in this Article, AIJ. 2!!. then available remedies, penalties and charges shall apply
for if the respective enforcement forum when the respective case is referred to
and enforced by the Code Enforcement Board or the Special Master. However,
to the extent, if any, that there is then a conflict between the fines specified in this
Article and those rules, the fines specified in this Article shall control with regard
only to violations of this Article.
(e) If active conduct or a continuing condition, and/or omission is a
violation of this Article that must cease, or is a violation of any other County
Ordinance that is applicable, any Issuing Officer who witnesses the violation(s)
may issue the County's notice of violation(s) and the violator must pay the fine(s)
specified in such notice of violation(s) and promptly comply with that notice.
Failure to cure the conduct, continuing condition and/or omission on or before the
specified deadline date and/or failure to notify staff that the conduct ceased to
exist on or before the specified deadline date(s) shall be separate violations of this
Article and shall result in a fine of one hundred and five ($105) dollars for each
day after failure to meet the deadline date and/or failure to deliver such proof to
the Code Enforcement Department's staff.
(f) Mandatory Fines for Specific Violations of this Article.
ill Added Fines. If within throo hundrod and !>ixty fivo (365) day!> of any
violation of thi!> Article, the same violator commits a separate in time second
violation of the same or illri. other provision of this Article, the added fine shall be
two hundred and fifty dollars ($250). If within three hunered and !>ixty five (365)
day!> of any !>ocond violation of thi~ Artiolo by the wmo violator, the violator
30
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Agenda Item No. 17 A
December 12, 2006
Page 34 of 36
commits a separate in time third (or more than a third) violation of the same or
other provision of this Article, the added fine shall be ~ five hundred dollars
f$4QQ1~. "Added fine" means the otherwise applicable fines for the
violation plus the added fine. ,^Jter hearing en any such In addition, a third (or
more) violation by the certificate Relgor violator that occurs within three hundred
and sixty-five (365) days of that violator's last prior violation shall result in another
added one hundred ($100) fine, and the violator's certificate to operate may be
suspended by the code enforcement board or by the Special Master for up to
sixty (60) calendar days.
(2). Insurance Requirement Violation. 8. five hundr.gg dollar ($500) Q.D.g
thousand dollar ($1000) fine shall apply to each violation of Section 142-54 of
this Article (the minimum insurance requirements).
(3). No Valid PVAC Issued Certificate to Operate. A fi'le hundm9 dellar
t$.wGt one thousand dollar ($1000) fine shall apply when an individual operates
a vehicle in vehicle for hire service while not having been issued operatinq the
vehicle for hire pursuant to a then effective PVAC certificate to operate~ and said
~ individual shall not be eligible to be issued 3 PV/\C certificate to opor3to
to operate a vehicle for hire for three hundred and sixty-five (365) days following
the last date of such violation.
(4). Operatinq Vehicle For Hire Vehicle Without A Valid PVAC Issued
Driver's ID. An individual who operates a vehicle in vehicle for hire service
without a then effective PVAC issued driver's ID shall be fined five hundred
dollars ($500) for a first violation, and be fined one thousand dollars ($1.000) for
a second separate in time violation, and such violator shall not be issued a PVAC
driver's ID for three hundred and sixty-five (365) days after the last date of such
second separate in time violation. The penalties for a third no valid driver's ID
violation shall be a two thousand dollars ($2,000) fine and shall render that
individual forever barred to be issued a PVAC driver's ID for throo hUA9rod and
sixty fivo (365) days 3ftor tho la&t dato of suoh viol3tion.
(5). No Valid Florida Operator's Permit. A driver who operates a vehicle in
vehicle for hire service without a then effective Florida operator's permit that
authorizes all such driving shall pay a five hundred ($500) one thousand dollar
($1000) fine for a first violation. The fine for a second separate in time violation of
this provision shall be two thousand dollars ($2000) and the violator shall RGt
~ be issued a PVAC driver's ID until throQ hundred and sixty five (J65) days
after the date E:uch individual bBcomec authorized by his/her Florida operator's
permit to opor3to the applicable vehiclo(s) for hire in the respoctive '/ehiclo for hire
E:ervicos.
(6). Certificate Holder's Failure to Notify Staff When Driver Becomes
Disqualified. The entity certificate holder must notify the County's code
enforcement staff in writinq of disqualification(s) of each vehicle for hire driver
within one (1) weekday after any officer, manaqer. or manaqement level
31
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Agenda Item No. 17 A
December 12, 2006
Page 35 of 36
employee of that entity becomes aware of the driver's disaualification. The fines
for a first failure to notify violation shall be twentv-five dollars ($25) for each day
after the first business day. The fines for a second violation shall be fifty dollars
($50) per day. The fines for a third (or more) violation shall be seventy-five
dollars ($75) per day. Four (4) or more violations by an entity certificate holder
within any five (5) year period can also result in suspension of that entity's
certificate to operate for UP to thirty (30) by a code enforcement board, special
master. or court.
(7). Driver's Surrender of ID and Certificate Upon Disaualification of
Authorized Driver. A vehicle for hire driver who is convicted of a disaualifvina
crime. or is disaualified by a disaualifvina determination (that causes that PVAC
certificate to operate and/or that driver's ID to thereby become void), shall deliver
that ID (and if applicable that driver's certificate) to staff within three (3) staff
workdavs after that driver becomes aware of the conviction or the
disaualification. If the driver is also the certificate holder, the driver must also
concurrently surrender that certificate. The fine for the driver's failure to surrender
the ID by the reauired deadline date shall be five hundred dollars ($500). If the
driver is also the certificate holder. the driver's fine shall be an additional five
hundred dollars ($500) for not concurrently surrenderino that certificate. Also, the
driver shall not be issued a PVAC issued ID and/or certificate until five (5) years
followino the date of the actual physical surrender the ID. and. if applicable. that
certificate, to staff.
(g) Every violation of this Article, or of any ordinance incorporated herein
by reference, or ordinance that is then independently applicable to any vehicle,
individual, entity, building, structure, or land that is then regulated by any of the
same, may be enforced by the Code Enforcement Department pursuant to
Section 1-6 of the County's Code of Laws and Ordinances. See also Section
142-60, below. Refer to subsection 142-~ ~, above, with regard to the
superiority of specified mandatory fines for violations of this Article.
(h) References to Rules. Reoulations and Laws. All references in this
Article to laws, ordinances. rules and/or reoulations that are renumbered shall
automatically be deemed to refer to all items as renumbered.
Sec. 142-59. Renewal of certificates.
The county manager shall attempt to notify all certificate holders in writing of the
annual requirement to renew certificates to operate by mailing such notice by
regular mail to the business address of the certificate holder as then shown on
the records of the PVAC. Renewal registration of certificate to operate shall be
under oath and shall include the name or owner, central place of business
address, proof of insurance, and valid registration. Proof of tho incur3nce
issuance of a vehicle for hire occupational license is required prior to approval of
a renewal certificate, and such certificate shall only be issued when the holder
32
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Agenda Item No. 17 A
December 12, 2006
Page 36 of 36
thereof has paid the annual occupational license fee as then set forth in the
county's occupational license fee schedule. Failure to pay the annual
occupational license fee shall result in automatic expiration of the certificate.
Expiration of a certificate shall require a new application for a certificate pursuant
to the provisions of this article.
Sec. 142-60. Judicial Penalties for Violations of Chapter 142.
Section 1-6 of the Collier County Code of Ordinances is applicable
throughout this Chapter 142 except there shall be no imprisonment for any
violation of Chapter 142 except for contempt of Court. To assist in enforcement
of this article, staff may request assistance from the Sheriffs Office and/or from
the State Attorney's Office as staff deems appropriate in the specific instance.
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 portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish that result, 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 receipt by the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this _ day of ,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
Thomas C. Palmer,
Assistant County Attorney
33
Underlined text is added; Struck Through text is deleted.
Agenda Item No. 17B
December 12, 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 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.
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 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.
_ 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.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
-
Agenda Item No. 17B
December 12, 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 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 1 0 foot by 1 0 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"
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DESCRIPTION FOR THE VACATION OF
THAT PART OF 7TH AVENUE NW
MORE PARTICULARLY DESCRIBED AS FOLLOWS
OCSCRIPTIDM
C~NCING A T THE NORTHEAST CO~R OF TRACT 15, GOLDEN GA TE: ESTA TES UNIT
NO. 95, ACCORDING TO THE PLA T THER~OF AS RECOROCD IN PLA T BOOK 9, PAGF: 45,
l1F TH~ PUBLIC R~CDRDS OF COLLIER CfJUNTY, FLORlDAJ THENCE N.89.40'50'V" A
DISTANC~ OF 50.00 FEE:T TO THE: POINT OF B~GINNING DF THe HeRE:IN DESCRIBED
PARC~LJ TfENCE S.00'19'10"'rI., A DISTANCE OF 30.00 FEITJ THENC~
N.89'40-S0'W., A DISTANCE: OF 463.89 FrETJ THE:NCE N.OO'28'34'W., A DISTANC~
l1F 60.01 FE:E:TJ THeNCE: S.89'40'50'E:.. A DISTANCE: DF 464,72 FE:ET; THE:NC~
S.OO'19'10''rI" A DISTANCE DF 30,00 FEET TO THE POINT OF BE:GINNING.
PARCEL CONTAINS 27858.43 SQUARE FEET DR 0.64 ACRCS, HDRC OR LESS.
TRACT 16
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--- !l------~~-~~-----C/L 7TH AVE NW 60'
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L2 S.OO'Z9'lO"'rI, 30,00'
L3 N. OO'2S'34 "W. 60.01'
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Agenda Item No. 178
I ,
Page 3 of 11
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NOT TO SCALE
NORTHEAST CORNER
OF TRACT 15
LEGAL DESCRIPTION
P SURVEYING DlC. Ul,,,,,
3737 DOMESTIC AVE. #9
NA.PLES. FLORIDA 34104
23Q 353-Q157 (239 353-9156 FAX
200,!2006!40i-500!05-02-476LEG
REVTSION
SEPT. 18. 2006
NOT A SURVEY
SKETCH & DESCRIPTION
LINE TABLE
Line Bearing Distance
L1 N.89.40'SO'W, So.OO'
Le S.OO"19'lO"rl. 10,00'
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TRACT 16
VACATCD RIGHT-[]F->lAY-LINC
3 .nTRAg ~C/L 7TR AVE NW 60' R/W & PROPERTY LINE
I- ~ apt ACRCS HlJRC DR LE:SS 20' DRAlNAGE EASEMENT "'*0
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DESCRIPTION FOR 20' DRAINAGE EASEMENT
THAT PART OF 7TH AVENUE NW
MORE PARTICULARLY DESCRillED AS FOLLOlVS
DESCRIPTIOM
COMMENCING AT THE NORTHEAST CORNER OF TRACT 15, GDLDEN GATE ESTATES UNIT
NO. 95, ACCORDING TO THE PLA T THERCDF AS RECORDED IN PLA T BOOK 9, PAGE 45,
OF THE: PUBLIC RECORDS OF COLLIER COUNTY, FLDRIDAI THENCE N.89.40'SO"rI., A
DISTANCE OF 50.00 FEETI THENCE SOO.19'10'W FOR 10 FEET
ra THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL) THENCE S.00"19'10''rI., A DISTANCE OF eo.oo FEETI THENCE
N.89"40'50'W" A DISTANCE OF 463.89 FEET; THENCE N.OO'28'34''rI., A DISTANCE
OF 20.aO FEET; THENCE S.89.40'SO'E" A DISTANCE OF 464,17 FEET,
ra THE POINT OF BEGINNING.
PARCEL CONTAINS 9280.59 SQUARE FEET OR 0.21 ACRES, HORE OR LESS.
. ~~
/_ #?-r~
KARL AY ON JR. PSM lt5839
.llEYlSED
SEPT. 18, 2006
A enda Item No. 178
December 12, 200
Page 4 of 11
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(239 353-9157 239 353-9156 FAX
2004/2006/401-500j05-02-476LEG
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TRACT 16,.....-C/L VACATED 7TH AVE f'-l\J (PROPOSED)
TRACT 15 100'
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NOT A SURVEY
SKETCH & DESCRIPTION
TEN FOOT BY TIN FOOT
DIWNAGE tiSBKlNT
PART OF TRACT 16 GOLDBN GATE BS'l'ATBS UNIT NO 95
LEGAL DESCRIPTION,
PART OF TRACT 15
CDHM~NCING A T THE NDRTHW~ST CORNE:R DF TRACT 15, GOLD~N GA T~
~STAT~S UNIT Nfl 95, ACCORDING TO THE PLAT TH~R~DF AS R~CORD~D IN
PLA T BOOK 9, PAG~ 45 OF THE PUBLIC RECORDS OF" COLLIER COUNTY,
F"LGRlDAJ THENC~ SB9.40'50"E FDR 30 F~HJ TH~NC~ SOO.eB'35'~ FDR 30
F~~T TO TH~ POINT OF B~GINNING OF THE HEREIN D~SCRIB~D PARC~L
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10.00'J THENC~ NOO.eB'35"'w' 10.00' TO THE POINT DF B~GINNING.
B~ARINGS AR~ BAS~D DN SAID PLA T
OF GOLD~N GAT~ ~STATES UNIT NO. 95.
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TRAqr 16 CIL OF VACATED 80' R/"'. 7TH AVE N1I'. (PROPOSED) !
____________________________________________________ _Ja~___~
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December 12, 2006
Page 5 of 11
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F MAYSON ·
LAND SURVEYING INC. LB#7385
2211 19TH ST. SW
NAPLES, FLORIDA 34104
239 353 9157 239 353 9156 FAX
BY, 'w'.
#5839
~
NOT A SURVEY
SKETCH & DESCRIPTION
TEN FOOT BY TEN FOOT
DRAINAGE EASEMENT
PART OF TRACT Hi GOLDEN GATE ESTATES UNIT NO 96
LYING IN SECTION 04.. 'l'OWNSHIP 4,9 SOU'l'R RANGE 28 EAST
COILlER COUNTY, FLORIDA.
PART OF TRACT 15
COMMENCING A T THE NORTHWEST CORNER OF TRACT 15, GOLDEN GA TE
ESTA TES UNIT NO. 95, ACCORDING TO THE PLA T THE~OF AS RECORDeD IN
PLA T B[]{JI( 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE S89040'SO'E FOR 30.00'; TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL THENCE; S8'!r40'SO"E lo.DO'; THeNCE
SOO'28'35'E 10.00'; THENCE N89'40'SO'W 10,00') THENCE NOO.28'3S'W 10.00' TO<:j.
THE POINT OF BEGINNING. ;;{
BEARINGS ARE BASED ON SAID PLAT OF GOLDEN GATE ESTATES UNIT #95. z
SAID PARCEL CONTAINING 100 SQUARE: FEET MORE IJF LESS. ~
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SEE DETAIL 20' DE. cl:'
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TRACT 16
TRACT 15
DETAIL
PART OF TRACT 15
LINE
TABLE
Line
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VACATED 60' R/\o/ 7TH AVE N\o/
SKETCH & DESCRIPTION
FrLE: 2004/2006/05-02-476LEG
~URV:~~~~NC_ :#7385 ~
2211 19TH ST. SW
NAPLES, FLORIDA 34104
239 353-9157 239 353-9156 FAX
~",,",-
~s
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).
WIT N E SSE T H:
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 'E'
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. 178
December 12, 2006
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 easement 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 vnitten.
Signed, sealed and delivered
in the presence of:
~~G)'j2
Witness # 1 Y
lx-wn MC"Gc"-J7\f
ed or printed ame J
BEECHWOOD LAND TRUST
under Agreement dated May 26, 1993,
as amended and restated in its entirety
~.n ry 1" 996
NP165035784.1
"
Agenda Item No. 17B
December 12, 2006
Page 9 of 11
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this SV day of ~ ........ . .
2006, by MICHAEL J. VOLPE, as Trustee of the BEECHWOOD LAND T~der
Agreement dated May 26, 1993, as amended and restated in its entirety on January 16,
1996, and who produced_\kJ~ l~e of identification) as identification and
who did~ take an oath, NOTE: If a type of identification is not inserted in the
blank pr~hen 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 oam. In . ~ ~
My Commission Expires: ~ . ' ~
~~/C. ~y~
(Type or print name of Notary)
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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.
I
Agenda Item No. i 78
December 12, 2006
Page 11 of 11
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 ih 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 altemate drainage easements
described in Exhibits "8" 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:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
,-,
Agenda Item No. 17C
December 12, 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. 17C
December 12, 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
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Agenda Item No.17e
December 12,2 06
Page 6 . f 6
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,
TOWHSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN