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Agenda 02/27/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 27,2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. Page 1 of 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. January 24, 2007 - BCC/AUIR Meeting C. January 25, 2007 - BCC/EAR Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation honoring Veterans Transportation Program to offer appreciation and thanks to the volunteer drivers, office staff, and their families for their efforts in making the quality of life better for veterans in our community. To be accepted by Mr. Jim Elson, President, Collier County Veterans Council. B. Proclamation designating February 2007 through April 2007 as Celebration of Children and Families Months. Multiple local and statewide non-profit organizations representing many different childrens issues are participating in the celebration, providing a holistic approach to the well-being of children, and encompassing all issues which impact Floridas children and families. To be accepted by Barbara A. Saunders Executive Director, Early Learning Coalition of Southwest Florida. C. Proclamation designating March 2007 as National Purchasing Month to celebrate the importance of the purchasing profession in general and the Collier County Purchasing Department in particular. To be accepted by Mr. Steve Carnell, Purchasing, General Services Director. 5. PRESENTATIONS A. Thanks to the continued support of the Board, the public Automatic External Defibrillation (AED) Program, here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens, not in the medical profession, have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency arose. A member of the fitness center, while using a treadmill, lost consciousness and went into cardiac arrest. A group of citizens responded accordingly and we want to thank them today. B. Contractor Presentation for South County Regional Water Treatment Plant 12 mgd. 6. PUBLIC PETITIONS A. Public petition request by Neil Spirtas to discuss the purpose of STOP! Red Light Running Coalition and request financial support. B. Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. C. Public petition request by Roberto Leon to discuss property at 1071 16th Street NE and the Vanderbilt Beach Road Extension. D. Public Petition request by Greg Bello to discuss the Goodland Zoning Overlay. Page 2 of 10 E. Public petition request by Mona Casey to discuss a safety refrigerant locking cap Ordinance. 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2006-AR-9403 Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a PUD to RPUD rezone. The approved zoning classification is currently Recreational Theme Park known as King Richards. The proposed use of the property is multi-family residential (133 multi-family units) to be known as the Princess Park Residential Planned Unit Development (RPUD). The subject property, consists of 11.3 acres, and is located on Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03. G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2005-AR-7271: Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Division Board. B. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. C. Request Board to set the place and time for the Clerk, with the assistance of the County Attorneys Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. D. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. E. That the Board of County Commissioners consider adopting a resolution pertaining to the citizens of Collier County and their right to the use of any and all Collier County Facilities. Page 3 of 10 10. COUNTY MANAGER'S REPORT A. Report to the Board of County Commissioners on the blasting activities at the Jones Mine Commercial Excavation site. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. Recommendation to award Work Order HS-FT-3785-07-03 in the amount of $2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF), as Project 73950. (Jim DeLony, Administrator, Public Utilities) C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Norman Feder, Administrator, Transportation Services) D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Wood crest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00 (Norman Feder, Administrator, Transportation Services) E. To seek Board approval of a State Infrastructure Bank Loan Agreement in the amount of $12,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the 1-75/lmmokalee Road Interchange Loop Project. (Norman Feder, Administrator, Transportation Services) F. Approve a Budget Amendment to move excess landscape maintenance funds in the amount of $1,148,493.03 from Fund 112 to the Transit Operations Facility for Repairs and or Renovations needed at the site. (Norman Feder, Administrator, Transportation Services) G. That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2008. (Michael Smykowski, Director, Office of Management and Budget) H. Recommendation to award Work Order UC-280 in the amount of $997,252 to Mitchell and Stark Construction Company, Inc. to demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility for a SFWMD grant of $224,000, and to waive the work order threshold requirements under contract 04-3535 Annual Contract For Underground Utility Contracting Services, Project 72501. (Jim DeLony, Administrator, Public Utilities) I. Recommendation to approve the award of RFP #07-4092 SAP Upgrade Project to Labyrinth Solutions, Inc (dba LSI Consulting)in the amount of $1,209,999. (Len Price, Administrator, Administrative Services) J. Recommendation to award Bid #07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, Inc. to provide the installation and hookup of new Irrigation Quality (IQ) water lines to both the irrigation system and the chiller plant cooling towers on the Main Government Complex located at 3301 Tamiami Trail East in the amount of $1,183,500. (Len Price, Administrator, Administrative Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 4 of 10 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. 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 Turnbury Preserve, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3. 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 grant final approval of the roadway (private) and drainage improvements for the final plat of Britney Estates. The roadway and drainage improvements will be privately maintained. 4. This item was continued from the February 13, 2007 BCC Meeting. 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 grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 1 B. The roadway and drainage improvements will be privately maintained. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of 1.14 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $125,610.00) 2. Recommendation to approve a Novation Agreement adding conditions and replacing a previous agreement with Countryside Master Association, Inc. for construction of a noise wall as part of the six-lane improvements to Santa Barbara Boulevard Project #62081. Estimated fiscal impact: ($0) 3. Recommendation to approve the purchase of two (2) Crew Cab Flat Bed Dump Trucks in accordance with Collier County Bid #04-3591 from Wallace International Trucks in the amount of $139,495.14. 4. Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County Bid #05-3731 from Wallace International Trucks in the amount of $208,059.54. Page 5 of 10 5. Recommendation to approve a work order in the amount of $484,660 to Aquagenix for the 2007 Australian Pine Removal Project (Project Number 51501) under Contract 03-3568 Annual Contract for Countywide Exotic Vegetation Removal. This $484,660 includes a 10% contingency of $44,060. 6. Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. 7. Recommendation to approve a contract with Cambridge Systematics for Phase 1 of RFP-06- 3999 for the Toll Feasibility Study for the SS Jolley Bridge in the amount of $481,823. 8. Recommendation to approve Change Order No.2 to Contract No. 03-3473 with HDR Engineering, Inc. - Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District supplementing civil engineering design and surveying services in the amount of $162,560 for the Gateway Triangle Drainage Improvement Project, Project Number 51803. 9. Recommendation to approve a Developers Contribution Agreement (DCA) between SEMBLER FAMILY PARTNERSHIP #42, LTD., (The Developer) and Collier County to acquire right of way and fund roadway improvements. The Agreement is a companion item to the Hammock Park PUDA-2006-AR-10030, Item 17C. C. PUBLIC UTILITIES 1. Recommendation to approve the acquisition of a 60-foot by 60-foot Utility Easement near the northwest corner of 3898 1st Avenue SW for a public water supply well site easement, at a total cost not to exceed $27,000, Project Number 700661. 2. Recommendation to approve the acquisition of a 50-foot by 60-foot Utility Easement near the southwest corner of 341 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Numbers 700661 and 701581. 3. Recommendation to approve the acquisition of a Utility Easement for a 50-foot by 60-foot public water supply well site near the southwest corner of 611 Weber Boulevard South, and associated pipeline and access area, at a total cost not to exceed $52,700, Project Number 700661. 4. Recommendation to award Work Order HM-FT-3785-07-04 with Hole Montes, Inc. for professional services for Modifications to Collier County Water Department Raw Water Booster Pump Station in the amount of $600,600, Project 710041 5. Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. 6. Recommendation to approve a budget amendment to transfer funds in the amount of $250,000 from the Collier County Water-Sewer District User Fee Fund (414) Reserve for Contingencies to Project 743131, Northeast Irrigation Quality Pipeline, in order to purchase 9,720 feet on 24 irrigation quality pipe from the Transportation Department in the amount of $355,725. D. PUBLIC SERVICES 1. Recommendation to approve the submittal of a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant Application to the ESRI Grant Assistance Program and National 4-H GISfGPS Technology Leadership Team for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools. 2. Recommend Approval of a $40,000 Time & Material, Not-To-Exceed Professional Services proposal from PBS&J to have Dr. David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying die-off factors, contributing relationships and outlining mitigation strategies and costs. Page 6 of 10 E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the sale of surplus assets from the North County Water Reclamation Facility project. 2. To obtain approval from the Board of County Commissioners to authorize a sale of Collier County surplus property on March 24, 2007. 3. Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, a/kla FAIR in an annual amount not to exceed $75,000. 4. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 06. 5. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 07. 6. Recommendation to approve a budget amendment for on-site grant training in the amount of $15,500. F. COUNTY MANAGER 1. Recommendation to authorize the removal of $570,992.54 from the Accounts Receivable Control Account and a like amount from the Allowance for Doubtful Accounts Control Account in the Emergency Medical Services Funds General Ledger for the time period of October 1, 2003 through September 30, 2005. 2. Recommendation to approve an Emergency Services Memorandum of Understanding between Collier County and Moorings Presbyterian Church. 3. Approve Budget Amendments G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the eRA Board to approve the lease of additional office space for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments 2. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3148 Van Buren Avenue 4. Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due to certain construction and permitting delays. 5. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4048 Full Moon Court. Page 7 of 10 6. Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3252 Lunar Street. 7. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the New Hope Ministries 25th Anniversary Celebration luncheon on February 11, 2006 and is requesting reimbursement in the amount of $22.00, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Know your County Government Teen Citizen Program Luncheon on April 10, 2006 and is requesting reimbursement in the amount of $9.00, to be paid from his travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Board of Directors of Leadership Foundations of America Board Meeting on February 22, 2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19, 2007, at the Vineyards Park Community Center, Naples, FL; $15.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 5th Annual Women in History Luncheon on Friday, March 30, 2007 at the Naples Hilton & Towers; $75.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Cleveland Club's 9th Anniversary Celebration on Wednesday, January 31,2007 at the Naples Elks Club; $28.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 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. To obtain board approval for disbursements for the period of February 03,2007 through February 09, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of February 10, 2007 through February 16, 2007 and for submission into the official records of the board. Page 8 of 10 K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. 2. Recommendation to approve Agreed Order Awarding Expert Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in the lawsuit styled Board of County Commissioners v. Willow Run Land Trust, et a\., Case No. 05-1036-CA (South County Regional Water Treatment Plant RO Wellfield Expansion Project No. 70892). (Fiscal Impact $37,879.29) 3. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $215,000.00 for the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $99,541.20) 4. Recommendation to approve an Agreed Order Awarding Planning Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06- 0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $14,500.00) 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. SNR-2006-AR-10898 Jon Ogle, representing the CRA Bayshore/Gateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, North of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida B. Recommendation to adopt an ordinance amending Collier County ordinance No. 2001-13, as amended (The Collier County Consolidated Impact Fee Ordinance) by amending article two, impact fees, section 74-202, payment and section 74-203, use of funds; amending article three, section 74-302, special requirements for road impact fees; providing for conflict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2006-AR-10030 Sembler Family Partnership #42, L TD, represented by Bob Mulhere, of RWA, Inc., requesting a PUD Amendment to reflect the current LDC sections which was recodified in 2004 in the Hammock Park Commerce Centre PUD Document. The subject property is 20.23 acres, and is located on the Northeast corner of the intersection of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. This is a companion item to 16B9. Page 9 of 10 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-200S-AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. requesting a rezone from the Conservation Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSCI ST) and the Village Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning District with an Area Of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST-4) Zoning District for Property Located in Section 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. (Copeland) E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural- Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family or duplex dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 10 of 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 27.2007 Withdraw Item 6B: Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. (Petitioner's request.) Move Item 8B to 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grade Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (Staffs request.) Item 9E: Remove the word "whom" in the first line of paragraphs 1 and 2. The last paragraph of the Resolution should read, "The citizens of Collier County, who (remove "whom") . . .." (BCC Executive Manager Sue Filson's request.) Continue Item 10C to March 13. 2007 BCC meetina: Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Staff's request.) Add on Item 10K: Acceptance of $1,510,094 in General Revenue funds and $1,6339,225 in Hazard Mitigation Grant Program (HMGP) funds towards the construction of the new Collier County Emergency Operations Center (EOC). (Staff's request.) Withdraw Item 16C5: Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. (Staff's request.) Item 16C6: In the title of the executive summary, the project number should read "743111" (rather than 743131). Also, under Considerations, the third sentence should read: "Public Utilities has an opportunity to purchase 9,720 linear feet (If) of 24" reclaim pipe from Transportation Department for $36.59 (rather than "$36") linear foot". Also, under Fiscal Impact, "Project 743111, Northeast Irrigation Quality Pipeline, is to install an Irrigation Quality (IQ) water line along Immokalee Road from Collier Boulevard to the new Northeast Plant. Collier County Transportation Division has excess IQ pipe that Public Utilities can purchase at reduced cost. However, the project budget presently does not have sufficient funding to cover the purchase of this pipe. Please see the table below: $225,450 + $250,000 Current Budget Budget Amendment Request $475,450 - $355,725 Cost of pipe to be purchased $119,725 Balance left in the project The remaining balance of $119,725 remaining in the project budget after the purchase of the pipe is needed to cover additional services such as field surveys, field coordination, and design." Item 16E2: In the Date Received column on Page 3, items 202 through 209, Page 4, items 301 and 302, and Page 7, items 802 and 803, the date should be 1/26/2007 (rather than 11/26/2007). (Commissioner Fiala's request.) Move Item 16E3 to 10L: Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, aldlal FAIR in an annual amount not to exceed $75,000. (Commissioner Fiala's request.) Items 16G3. 16G5. 16G6. 16G7 (14A): The approval of these items is subject to receiving an appraisal that meets or exceeds the staff or independent appraisal. (Staff's request.) Move 16G7 to 14A: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue. (Staff's request.) Withdraw Item 16H4: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19,2007, at the Vineyards Park Community Center, Naples, FL; $15.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for attending a function service a valid public purpose. Will attend the 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Item 17A should include ex parte disclosure: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." SNR-2006-AR-10898 Jon Ogle, representing the CRA BayshorelGateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, north of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida. (Staffs request.) Item 17C: Under Staff Comment, the first paragraph on page 5 of the Executive Summary should read that Naples Lakes Country Club is west and not east of the subject site. Also under Staff Comments, third paragraph on page 5 of the Executive Summary, note that the fifty thousand (50,000) square feet of office space that may be converted is from the retail and office area that is being reduced to 160,000 square feet. (Staff's request.) Time Certain Items: Item 9D to be heard at 11 :00 a.m. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. PROClAMA TION Agenda Item No 4A February 27, 07 Page 1 f 2 WHEREAS, the Veterans Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council: and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facl1ities in Ft Myers, Bay Pines, Tampa and other facilities in South Florida: and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner: and. WHEREAS, the families of these volunteers also contribute to the success of this Program by supporting the volunteers and the goals of the Transportation WHEREAS, .donated 799 d have 'ested the NOW THEREFo. of th fa 'SIOners and families Dr the ATTEST: DWIGHT E. BROCK, ClERK Ilem Number: lIem Summary: Meeting Dale: Agenda Item No. 4A February 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation honoring Veterans -:-ransportatlon Program to ofter aporeclatlon and tnanks to the volunteer drivers office staff, and their families for thel!' efforts In making the quality of life better for veterans In our community To be accepted by Mr. Jim Elson, President Collier County Veterans Council 2/27120078.00.00 AM Date Prepared By Lisa Resnick Board of County CommIssioners Executive Aide to the Bee BCC Office 2/12/200710:35:14AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Bce Office 2/12/200710:41 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/14/20073:33 PM WHEREAS: Agenda Item No. 48 FebruarY 27, 2007 the 12th Annual Children's Week "Celebrating Parents and Children" will take place in Tallahassee ~e 1 of 2 March 25, 2007 to April 1, 2007, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City: and, PROCL.AMA TION /- WHEREAS: the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engoge a long- term process to develop and implement strategies for moving the shared vision forward: and does so by encouraging Children's Week activities to occur locally in all of Florida's Counties to strengthen and enrich our families and our communities: and, WHEREAS: Children's Week has teamed up with the Association of Early Learning Coalitions, the Florida Oepartment of Health's Step Up Floridal program, Prevent Child Abuse Florida's Winds of Change campaign, and dozens of leading statewide non-profit organizations to expand the network of community involvement and advocacy on a wide array of children and family issues at the local level: and, WHEREAS: the Early Learning Coalition of Southwest Florida, is one of 31 Early Learning Coalitions in the State of Florida legislatively mandoted to manage and oversee state and federal - funded early education and care programs in Hendry, Glades, Collier and Lee Counties so that children wiff have the optimal health, education and care they need to promote early learning so that they can be successful in school and in life: and, WHEREAS: Step Up, Floridal is an annual statewide health initiative developed by the Florida Department of Health that promotes the importance of daily physical activity and highlights the variety of physical activity opportunities available for all Florida residents by hosting local events throughout the month of February. Step Up, Floridal activities are coordinated by the local Chronic Disease Health Promotion and Education Coordinators (CDHPE's) in all 67 counties: and, - WHEREAS: in recognition of Child Abuse Prevention Month, Prevent Child Abuse Florida, in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families, is launching a statewide public awareness and education campaign during April 2007 with the campaign theme, Winds of Change - Turning Choices into Change, and is symbolized by the pinwheel, representing this shift or wind of change: and, WHEREAS: multiple local and statewide non-profit organizations representing many different children's issues are participating in the celebration of Children's Week in each county, providing a holistic approach to the well-being of children, and encompassing all issues which impact Florida's children and families: and, WHEREAS: local Children's Week Celebrations in the Months of February through April in Collier County wif/ include DOCS FOR TOTS: NAPLES CHILDREN'S EDUCATION FOUNDATION WINTER WINE FESTIVAL; EARLY LEARNING PROVIDER CELEBRATIONS and CHILDREN'S HANDPRINT ART COLLECTION events throughout Collier County, in partnership with the Collier County Health Department: Healthy Families Collier County: the Early Learning Coalition of SW Florida; United Way; Child Care of SW Florida: the Naples Children's Education Foundation, the Naples Alliance for Children and all Early L.earning Programs, Children and Famifies in Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Coffjer County, Florida, that February 2007 through April 2007 be designated as CELEBRATION OF CHILDREN AND FAMILIES MONTHS DONE AND ORDERED THIS 2r" Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CMAIRMAN ATTEST: .- DWIGHT E. BROC1( CLERK Aqenda Item No. 4B ~February 27, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number: Ilem Summary: 48 Proclamation designatlng February 2007 through Apnl2007 as Celebration of Children and Families Months. Multiple ioeal and statewide non-profit orgam:atlOns representing many dIfferent cr111drens Issues are participating in the celebration; providing a holistic approach to tne well.bemg of children and encompassing an Issues which Impact Flondas children and families T a be acceoted by Bart)ara A Saunders Executive Director Early Learning Coalition of Southwest Flonda Meellng Dale: 2127/20079:0000 AM Prepa red By Usa Resnick Executive Aide to the BCe Date Board of County Commissioners BCC Office 2115/2007 8:21: 27 AM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC Office 2/15/20078:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County M ,mager's Office 2/161200711:28 AM Agenda Item No. 4C February 27, 2007 Page 1 of 2 ".- PROCLAMA TION WHEREAS: the purchasing profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS: purchasing professionals, through their combined purchasing power, spend billions of dollars every year and have a significant influence upon economic conditions throughout the world; and, WHEREAS: the Collier County Purchasing Department provides value-added services such as; contract negotiation and administration, vendor management, and training; and, WHEREAS: the Collier County Purchasing Department and professional purchasing associations throughout the world, engage in special efforts during the month of March to inform the public about the importance of the role played by the purchasing profession in business, industry, and government; and, WHEREAS: the importance of the purchasing profession in general is recognized, and the Collier County Purchasing Department in particular. _. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 2007 be designated as NA TIONAL PURCHASING MONTH DONE AND ORDERED THIS 2rth Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .- Agenda Item No. 4C February 27, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Ilem Summary: 4C Proclamation designating March 2007 as National PurchasIng Month to celebrate the Imporlarce of the purchasing profession In general and the Collier County PurchasfIlg Departmenlln partIcular To be accepted by Mr Steve Carnell Purchasing. General Services Director Meeting Date: 2127/20C7 90000 .~M Prepared By Lisa Resnick Executive Aide to the BCe Date Board of County Commissioners BCC Office 2114120079:12:01 AM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC OffIce 2/14/200712:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2114120075:51 PM Citizen Life-Saver Award Program for 2-27-2007 Agenda Item No. 5A February 27, 2007 Page 1 of 2 Mr. Mudd reads: The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. However at times, citizens, whose occupations may be far from the medical realm, can make a difference in an emergency, during the first few minutes prior to the arrival of the EMS Department. Today, we would like to honor a group of those citizens. Les Williams reads: Thanks to the continued support of the Board, the public Automatic External Defibrillation (AED) Program, here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens, not in the medical profession, have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency was presented to a group of citizens. A member of the fitness center, while using a treadmill, lost consciousness and went into cardiac arrest. - Employees of the fitness center, Robert DeCamp and Susan Calvani quickly recognized something was wrong, and without hesitation jumped into action. Having recently taken it upon themselves to review the training materials aided in their ability to remain calm and perform the necessary skills. As Susan went to get the AED, Robert was joined by Sherrie Baker, an off duty dental hygienist that was exercising at the center. As a team, these three citizens quickly began CPR, rapidly deployed the public AED, and activated the EMS system. The victim was successfully resuscitated, and is alive today as a direct result of their efforts. Robert, Susan and Sherrie we thank you for your willingness and ability to respond and congratulate you on a job superbly done. Mr. Mudd Continues: Today, with the American Heart Association, during Heart Month, we are proud to present the Collier County Citizen Life-Saver Award. Congratulations. AHA speaks briefly on Heart Month and the importance of Citizen CPR. Parks Department speaks briefly. Ilem Number: Ilem Summary: Meellng Date: Agenda Item No. "A February 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA Thanks to the continued support of the Board the public Automatic External Deflbriliation IAED) pmgram, here In Collier County tias been a model that other communities have attempted to duplicate. Through thiS AED Program. thousands of citizens, not In the medical profession have been trained In CPR and how to ooerate an AED If an emergency should ever ans€!_ On Tuesday May 2, 2006, at the Golden Gate Fitness Center such an emergency arose. A member 01 the fitness center. while using a treadmilL lost conSCiousness and went Into cardiac arrest A group of Citizens responded accordingly and we want to thank them today 2/271200790000 AM Date Approved By Dan E Summers County Manager's Office Bureau of Emergency Services Director Bureau of Emergency Services 2/15/2007 4:05 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2116/20078:59 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 21161200711:15 AM a.l ""0 COf'-'<;j" tn '"'" ..... u:l.S5 (; l-< '" a.l '..... > OJ) Il.i a.l e:: - Q) ~ ...... S ENOl l-< ...... >.. a.l ...... 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N ... ~ 0 a. ~ 0 N N en C> en - .... 0 en '" to fIJ C> 0 N an 00 0 e::: 0 .,. .,. .... l- N M U .... v v '" U N an en a:i N .,. N .,. .,. .,. en , , g <>> c E a .... .... c E CO 'iji a c - l- N ... a III Z Z lU C .... W ~ ....... '.j:j a - > cr lU Q. u a I- U W U VI ....... ::s '.j:j .... CJ) c:( ~ c ... u u CJI .... lU lU '- 'tJ 'tJ VI C. 0 ..... c c VI c VI a - III III lU a c ... a. ...I ...I Q u M Q. Item Number: Ilem Summary: Meeting Date: Agenda Ilem No. 58 February 27, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 58 Contractor Presentation for South County Regional Water Treatment Piant 12 mgd 2/27/200790000 AM Prepa red By Date Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Engineering 1/261200710:49:01 AM Date Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 21712007 5:20 PM Date Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 2115120079:36 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2115/2007 3:09 PM Date Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget 2115/20073:37 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management 8. Budget 2115120074:41 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 2/201200710:14AM ",'-" Agenda Item No. 6A February 27,2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 January 11, 2007 Mr. Neil Spirtas 222 10th Street West Bradenton, FL 34205-8636 Re: Public Petition Request to Discuss the Purpose of STOP! Red Light Running Coalition and Request Financial Support Dear Mr. Spirtas: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 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. Q,eIY' _ /? / ~~ James V. M~ County Manager JVM/jb cc: David Weigel, County Attorney - 61/69/2667 05:14 941-745-1877 MANATEE CHAMBER AgendaFf~ N&I?6A February 27,2007 Page 2 of 3 Reauest to Speak under Public Petition Please print Name: Nell Spirtas and Melissa Wandell Address: 222 10" StrMt West Bradenton, Florida 3 Cf:l.. oS' - V ~ 3(p Phone: 941-74&-4842 Ext. 124 Date of the Board Meeting you wjsh to 8Deak: _Feb. 27. 2007 Please explain In detail the reason YOU are l'8Ouestina to speak (attach eddltlonal OJIge If necessary): Melissa Wandallls Pres. of the ~IOP' Red Light Running (BLR) Coalition of Florida, Inc. and I am an officer wtth the group. The STOPI RLR_Coalltlon .peaks on behalf of an our appn:ndmlltety 200 bu.ln....., unlq of Govemment and business partners in Florida. It Is our understanding the board of county commissioners have .ndo....d our ~u... We want to partner our efforts In T.II.ha.... Our tafk would be .. followsj Review the atatualsucceues to date and the various groups of supportara. explain 1M purpose of the STOPI RLR Coalition, and, Engage the bee In a more active level of participation on this most Important Issue. c:\DocurnenII n SelIII...,....MCC\I.aaII8eIIInga\T.....ry IMlmIlt F1IeI\OI.IC58\PubIIcP.ellIon Request Form.doc El1/El9/2ElB7 El5: 14 941-745-1877 MANATEE a-womER Agenda ~N~a3A February 27,2007 Please e)(plain in detail the action yoU are asking the Comruission to take fattacb Page 3 of 3 additional DaQ8 If neceuarv): STOP! RLR Coalftlon of Florida Is requesting Colfier County Comrnlaalonertl to tlnanetally aupport the Coalition'. etfotta In ..curlng Idvocacy on "Is mattar In Tallah._. To date n have raised $13,000.00, currwntly _ need to raise. a minlmun another $7000.00 for this yea"s ~""'n. Our specific ,.queat Is for $6,000.00 C:\bcxunenta .. SdIngI\NII.MCC\l...ooII Sellinp\T..-npcnry InI8mel FIea\Ol...lCSlN2ub11c Petition Request FoIm.doc Agenda Item No. 68 February 27,2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Horida 34112 · (239) 774-8383 · Fax (239) 774-4010 February 14, 2007 Mr. Richard Greco 771 23rd Street NW Naples, FL 34120 Re: Public Petition Request to Discuss the Vanderbilt Beach Road Extension Dear Mr. Greco: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 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 Tumer 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. ~ James v. 'MUd~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Norman Feder, Transportation Services Administrator ,_. Agenda Item N:g~gS 1 of 26 February 27,2007 CD Page 2 of 3 odinejudi From: mUdd.J Sent: Tuesday, February 13, 2007 1 :05 PM To: bodinejudi Subject: FW: Petition to appear before County Commission on February 27.2007 Judi, FY A. Another From: RICHARD GRECO [mailto:rpgreco1@yahoo.com] Sent: Tuesday, February 13, 2007 12:25 PM To: mudd-i SUbject: Petition to appear before County Commission on February 27,2007 REQUEST TO SPEAK UNDER PUBLIC PETmON NAME: RICHARD P. GRECO ADDRESS: 771 23RD SlREETNORTHWEST, NAPLES FLORIDA 34120 And 404 NORTH ADAMS SlREET, QUINCY, FLORIDA 32351 PHONE: (850) 627-3498 (850) 766-4122 OA TE OF BOARD MEETING YOU WISH TO SPEAK: FEBRUARY 27, 2007 PLEASE EXPLAIN IN DETAIL THE REASONS YOU WISH TO SPEAK My home is one of the nineteen which the County is taking in order to build the Vanderbilt Beach extension. After numerous discussions with members of the County staff, including Kevin Hendricks, I was led to believe that all nineteen homes would be purchased by the end of the summer, 2006. My wife was scheduled for bone marrow transplant in December of 2006 which would require six months of critical bedridden convalescence. Therefore, we decided to move to a new home in October rather than risk a forced move during her convalescent period. Subsequent to this, county staffhas changed their timetable for this project and now they are in no particular hurry to move the project forward. Consequently, they have not been negotiating in good faith as elapsing time is most defmitely not an issue to them, but it most certainly is to me and my wife. Staff has adopted a "take it or leave it" position, refusing any negotiation. We find ourselves forced to carry a substantial bridge loan as well as the burden of two homes unless we accept the bid the staffhas offered for the purchase of our house. We have been residents of Collier County for twenty years, living on our 6.3 acre, canal front, horse farm for 15 of those years. We planned to live there for the rest of our lives until the road, extension upset our life plan. Now the county has effectively chased us out and smugly offers a low ball bid for our property, knowing that time works against us. At the direction of your staff, we obtained an appraisal. We chose one of Florida's foremost eminent domain real estate appraisers, Calhoun, Collister and Parham, Inc. This appraisal was submitted to staffin September, 2006. This prompted staff to obtain a second appraisal, conducted October 4th by Integra Realty Resources of Naples, an appraiser whose experience is limited to mortgage lending issues. The county's bank appraiser valued the property 30% lower than Calhoun, Collister and Parham Inc. Rather than request a third appraisal, as is the procedure in Eminent Domain acquisitions, or have the two appraisers meet to explain or modify their positions Kevin Hendricks of your staff decided to inspect the property and comparables himself. Based on his personal inspections, he declared his own appraisal accurate and mine overvalued, dismissing it out of hand. He did this in December, 2006 . In January, 2007, after writing a letter to Commissioner Coletta expressing my concerns and frustrations, Mr. Hendricks made a formal "take it or leave it offer" of only 2.6% over his appraisal but acknowledging Save our Homes by offering a small fraction of its real impact to us. Since Mr. Hendricks refused to negotiate at any meaningful level I asked that the matter be brought to Arbitration. After waiting a full week for a response and not receiving one, I personally called Mr. Hendricks and he made it perfectly clear to me that Staff was not willing to go to arbitration. In essence, Mr. Hendricks pretty much said, take my offer or get to the back of the line. It has been nearly a year since the Commissioners voted to acquire properties for this project. There is still no end in sight for me I pay taxes and insurances on two houses now and I fwd myself with a large monthly interest payment on a bridge loan. Staffhas not been negotiating in 'd faith, nor do I believe they are adhering to the statements made by staffprior to the commissioners vote nor the spirit of the Commissions ction set forth at the April 17, 2006 Commissioners meeting. We wish to stand in front of the Commissioners and make them aware of how their staff is treating us, two long term citizens of Collier County who have been told that they must make the huge sacrifice of giving up their home for the sake of the community. Two citizens who are trying 2/13/2007 Pa1?:e 2 of2 Aqenda Item t\lO. 'tH:l -February 27. 2007 Page 3 of 3 their best to abide by the Commissioners decisions despite the severe hardship this has placed on them. PLEASE EXPLAIN IN DETAIL THE ACTION YOU ARE ASKING THE COMMISSION TO TAKE We would like the Commissioners to request its staff to IMMED IA TEL Y have this matter put in front of a disinterested arbitrator to address the following issues: 1) Mediate the different values for our home based on the two formal appraisals performed on the property. 2) Examine our personal history and determine fair compensation for Save Our Homes cap. 3) Place a fair value to the overall cost of moving and the interim expenses incurred due to the staff's lack of timely response. Richard P. Greco February 13, 2007 Never miss an email again! Yahoo! Toolbar alerts you the instant new Mail arrives. Check it out. 2/13/2007 (!) Agenda Item No. 6C February 27,2007 Page 1 of 4 ~( ~~~e~t tQ S.pe@k un4t'r ,public PetItioQ Please print 2}J~7 Name:f) I L j 1"- ol>fR-to €qrJ_ Address: n L q:$ 0 I J.lIJt/? ,'s€. 11,/< €S B1V'b. IJpf. J (7 I S"vi/f(ISE, (4.. 3332.2 Phone: qJ'"Y-7~'7~/ll'- ~tJ.(.. ~292...q'1tf' Date of the So.ani M~iOg 'tC)U with tQ s~a~: Fee ~ ? r ~ () (/7 Plepe exQlain in ~talL th, (!SlPn yOU sf'\' reQu~tln9 19 ~@k C@ttach jldqitiQnal Q8Qe ifnece~rYt~: '"THe SUAt'b ear/wi ~hln1 i.r..riOtVE'Itr , A7rP,~;J -,p4)V ..D-,(,.~ -:r iV/L:A "7JI#" IA(lY.( ~puf A<: .I;,.iL V{~ ~A/t!, R..~wbr ~"A't ~~~~:tt;;~~Zg~;i,;r=~~ tSrU/r.,f,.,.~ 4' Plea~ explain in c;Ietail th~ agio" YOU -Ire J:lskinc~ thO Comrni,~ioo tQ tal:se ($tlich @ddltional oage If n~,rvJ: k I1J!fJ!1~/1 ~ ALL (J~ '1~'" A~ 4t. 7Jl~ ~1/7J;J4pj "':Mp:f.:t ., '" ~), ~b/(.ir ~ ~'Q~ 1(1" I!~.r~ ~ /i,;,."'iJ IJ J;.i (/:Ai.~ , ----- . .~ /, / ~ t!JtJt. ZtI ~,A .1/J,,/ ~~ W€ 4'.t! ~"'~~ wi dtfft!:) AI./. L..v:Q -r1I -n.I/y r/.H~"~ Ill/. Ar~ ~/7;( ~U4Z.r #1'It' . ~ ( lJ~j~~ . ~/rLf '~ ", ~(p 4lLl('/.L .!T;P'cc -:r 4'11 .4#/~" 7'1€A1F.\ lid ~ 1'1 ~) t. ~tI.If.I. 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LY.d'~-I3"l ~UL ~ .."--..------...-.- .- I - -=1 ~ -- '--. -- Agenda Item No. 6C February 27, 2007 Page 4 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Horida 34112 · (239) 774-8383 · Fax (239) 774-4010 February 14. 2007 Mr, Roberto Leon 9301 Sunrise Lakes Boulevard, apt. 101 Sunrise, FL 33322 Re: Public Petition Request to Discuss Property at 1071 16th Street N.E. and the Vanderbilt Beach Road Extension Dear Mr, Leon: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27. 2007 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, JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Norman Feder, Transportation Services Administrator ,,'~_.~ Agenda Item No. 60 February 27, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tarniami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 February 14, 2007 Mr. Greg Bello P.O. Box 753 Goodland, FL 34140 Re: Public Petition Request to Discuss the Goodland Zoning Overlay Dear Mr. Bello: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 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, ~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator " <"--'" . bodinejudi Agenda Item No. 60 February 27, 2007 Page 2 of 2 From: Sent: To: Subject: muddj Tuesday, February 13,200712:41 PM bodinejudi FW: Goodland Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process Judi, FYA. Thanks, Jim -----Original Message---- From: bellonaples@comcast.net[mallto:bellonaples@comcast.net} Sent: Tuesday, February 13,200711:58 AM To: mudd.J Subject: Good/and Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process GOODLAND ZONING OVERLA Y COMMITTEE February 13, 2007 Mr. Jim Mudd County Manager 3301 E, Tamiami Trail Naples Fl. 34112 Subj: Good/and Zoning Overlay, Goodland Advisory Panel, Development Standard for Zoning in Process Dear Mr. Mudd: Please consider this letter a petition to be on the BeC agenda for Tuesday, February 27, 2007 to discuss the Good/and Zoning Overlay. The Good/and Zoning Overlay Committee was formed Monday, February 5, 2007 and is holding public meetings at the Good/and Community Center for public Input regarding amendments to the GZO. The committee wishes to present Input to the BCe on February 17, 2007. We look forward to your confirmation of being placed on the agenda, A/so at this time we ask that we be given a time certain of 11 :00 on the agenda. Best regards, Greg Be/lo Good/and Zoning Overlay Committee Representative P,O. Box 753 Good/and, FI34140 239.595.2719 cc: Emilee Lake GZO Committee Chair 1 Agenda Item No. 6E February 27,2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 February 14, 2007 Ms. Mona Casey 513 Leawood Circle Naples, FL 34104 Re: Public Petition Request to Discuss a Safety Refrigerant Locking Cap Ordinance Dear Ms. Casey: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 27, 2007 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, r::?:..ft~~ County Manager JVM/jb cc: David Weigel, County Attorney - Agenda Item No. 6E February 27, 2007 Page 2 of 2 Reauest to 8Deak under Public Petition Name: Mona Casey Address: 513 Leawood Circle Naples, FL 34104 Phone: 254-247-2894,239-435-7002 Please explain In detail the reason you are requesting to speak (attach additional page if necessary): I would like to petition Collier County to enact a safety 'Refrigerant Locking Cap' ordinance. The lethal chemical Freon is easily accessible and legal. As a result, "huffing", which refers to the inhalation of Freon and other dangerous chemicals has been on the rise over the past few years not only among pre-teens and teenagers but among adults as well. Freon is highly addictive and is considered a gateway drug because users often progress from inhalants to illegal drug and alcohol abuse. statistics · The National Institute on Drug Abuse reports that one in five American teens have used Inhalants to get high. · According to Stephen J. Pasireb, President and CEO of The Partnership for Drug-Free America, 22% of 6th and 8th graders admitted abusing inhalants and only 3% of parents think their child has ever abused inhalants. · An analysis of 144 Texas death certificates by the Texas Commission on Alcohol and Drug Abuse involving misuse of inhalants found that the most frequently mentioned inhalant (35%) was Freon (51 deaths). Of the Freon deaths, 42 percent were students or youth with a mean age of 16.4 years. · Suffocation, inhaling fluid or vomit into the lungs, and accidents each cause about 15% of deaths linked to inhalant abuse. · National Institute on Drug Abuse's 'Monitoring the Future' study reveals that inhalant abuse among 8th graders is up 7.7% since 2002. · 55% of deaths linked to inhalant abuse are caused by "Sudden Sniffing Death Syndrome." SSDS can occur on the first use or any use. The Inhalant causes the heart to beat rapidly and erratically, resulting in cardiac arrest. · 22% of inhalant abusers who died of SSDS had no history of previous inhalant abuse. In other words, they were first-time users. Please explain In detail the action you are seeking the Commission to take (attach additional page if necessary): Please protect our citizens from the dangers of Freon, by enacting the following safety ordinances: · Require that all new installations of HVAC and AlC units be outfitted with a locking cap. · Require existing HVAC and AlC units be retrofitted within five years. · Require vendors (retail and commercial) to keep all Freon products behind the counter and sold only to licensed individuals. Agenda Item No. SA February 27,2007 Page 1 of 141 EXECUTIVE SUMMARY PUDZ-A-2006-AR-9403 Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a pun to RPUD rezone. The approved zoning classification is currently Recreational Theme Park known as King Richards. The proposed use of the property is multi-family residential (133 multi-family units) to be known as the Princess Park Residential Planned Unit Development (RPUD). The subject property consists of 11.3::1:: acres and is located on Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: The petitioner is requesting a PUD to RPUD rezone from the Princess Park Planned Unit Development (PUD) to the Princess Park Residential Planned Unit Development (RPUD), to allow redevelopment of the site from a recreational theme park to a residential development with 133 multi-family units. CONSIDERA TIONS: The currently approved Princess Park PUD (Ord. 84-34) was approved on April 24, 1984 allowing a recreational theme park. Due to changing market conditions, the property owner proposes to develop a Residential Planned Unit Development (RPUD) to allow a residential project comprised of 133 multi-family and/or townhome dwelling units. The project site is located at 6780 Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. FISCAL IMPACT: The PUD amendment, 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 amendment 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 (GMP) 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. - Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, states impact fees shall be imposed for replacement of an PUDZ-A-2006-AR-9403 Princess Park RPUD Page 1 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27, 2007 Page 2 of 141 existing use providing that such replacement results in an intensification of the use or a change to a higher impact fee land use category. Chapter 74 also states that impact fees shall run with the land. The impact fees for the project will therefore be assessed by calculating the impact fees at current rates for the new use and deducting the impact fees at current rates for the lawfully existing use. 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 thit'petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The property is also located within the Traffic Congestion Area as identified on the FLUM. The Density Rating System provides for an eligible density of 4 dwelling units per acre (DUI A) throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5 DU/A); the subject site is eligible for a base density of 4 DUIA. However, because the site is within the Traffic Congestion Area it is subject to a one (]) DUI A reduction. Additionally, the petition is eligible for the Conversion of Commercial Zoning density bonus which reads as follows: "if the project includes conversion of commercial zoning that is not consistent with any Subdistrict allowing commercial uses, a bonus of up to 16 dwelling units may be added for every one (1) acre of commercial zoning which is converted." 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 density range from 0-16 DUI A may be found consistent with the FLUE. Because the site is presently considered to have a commercial PUD zoning designation, it has no assigned density or entitled density; the current commercial PUD district allows for an amusement park. Based on the above analysis, the proposed PUD to PUD rezone amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ",..-.. Conversion of Commercial Zoning: When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: I) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use PUDZ-A-2006-AR-9403 Princess Park RPUD Page 2 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27,2007 Page3of141 Activity Centers. Through the zoning re-evaluation program, approximately 215 acres 0 f commercial zoned land was downzoned. Transportation Element: Staff has reviewed the project with respect to Policies 5.1 and 5.2 of the GMP's Transportation Element and finds the project to be consistent. AFFORDABLE HOUSING IMPACT: During the Collier County Planning Commission meeting the developer agreed to donate one thousand dollars per residential dwelling unit to be accredited to a linkage fee if and when the County adopts such an ordinance. ENVIRONMENTAL ISSUES: 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 ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not hear this petition because the site is already developed and is considered to be previously disturbed land and for this reason, a waiver of the EIS requirement was granted. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed the Princess Park RPUD rezone at the January 18, 2007 meeting. The CCPC voted 5 to 4 to forward this petition to the BCC with a recommendation of approval subject to the following stipulations. 1. The maximum building height shall not to exceed fifty-seven feet (57'). 2. The developer has agreed to contribute one thousand dollars per residential dwelling unit to the Affordable Housing Trust Fund at the time of approval of the first development order. In the event the County adopts a linkage fee, this financial commitment will be applied to that linkage fee. 3. All trees planted within the landscape buffer shall be a minimum of sixteen feet (16') in height at the time of planting. 4. Revise Section 2.3 Development Standards of the RPUD to combine ancillary structures with the accessory structures. 5. The applicant shall remove the request for Deviation 2. This deviation seeks relief from Code of Laws & Ordinances ~22-1]2 which requires for excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet below the control elevation, to allow that slopes shall be no steeper than three to one. ,- During the CCPC meeting four of the board members were concerned that the request to convert the current PUD commercial zoning to a Residential PUD at the density requested was inappropriate. One commissioner voted against the rezoning since the subject site is located PUDZ-A-2006-AR-9403 Princess Park RPUD Page 3 of8 Bee Hearing 2/27/2007 Agenda Item No, 8A February 27, 2007 Page 4 of 141 within a traffic congestion area. The other three board members voted against the request because they felt this site did not qualify for the Conversion of Commercial Zoning under the Density Rating System of the GMP. This property was zoned to the Princess Park PUD in 1984. Subsequently, during the zoning reevaluation of the Future Land Use Element in 1989, the County vested this area as a commercial property outside of an activity center and therefore consistent by policy. When the GMP was adopted in 1989, it contained a provision to remove strip and isolated commercial zoning by the Conversion of Commercial Zoning in the Density Rating System. This provision was adopted as an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. Therefore, staff found no merit in the dissenting recommendation ofthe CCPC board members. ZONING STAFF ANALYSIS: Staff from the Department of Zoning and Land Development Review has 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. Staffs considerations are based upon the listed criteria in Chapter] 0.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. . The proposed change has been deemed consistent with the applicable elements of the GMP goals, objectives, and policies and the Future Land Use Map. 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: The proposed change is consistent with the designated Urban Mixed-Use, Urban Residential Subdistrict on the FLUE. In addition, the proposed density does not exceed the maximum allowed by the Density Rating System; therefore, the project is consistent with the GMP. . The proposed land uses are compatible with the existing land use pattern. Pro: The surrounding development is comprised of mixed residential which includes multi-family and townhomes mixed with office land uses along Airport-Pulling Road. The project as proposed is consistent with the existing residential 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. ..,,-~ . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak PUDZ-A-2006-AR-9403 Princess Park RPUD Page 4of8 Bee Hearing 2/27/2007 Agenda Item No. SA February 27,2007 Page 5 of 141 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. Pro: The proposed project will generate approximately 76 weekday PM peak hour trips. The existing amusement park trip generation during the weekday PM peak hour is 45 trips. The existing amusement park generates significantly higher trips than the proposed use on a weekend basis. During weekends, the daily trips for the amusement park would be about 2,036 and the proposed project would generate 909 trips, which would be approximately 1,]27 fewer trips. Con: None. Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition. The proposed project represents less than one percent of the adopted Level of Service (LOS) standard service volume and therefore does not have a significant impact on the roadway segments directly accessed by the project. . 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. Pro: This petition has been reviewed by all required County staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Con: None. Findin~s: The timing or sequence of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the 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 Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. LEGAL CONSIDER.\. TIONS: This is a site-specific rezone from the Princess Park Planned Unit Development Zoning District to the Princess Park Residential Planned Unit Development District. Site-Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant for the rezone to prove that the proposed rezone is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 5 of8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27,2007 Page6of141 1. Consider: 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. Is there an adequacy of evidence of unified control and suitability of 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 oj this type shall be made only after consultation 'with the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: 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. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ,- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 6 of 8 Bee Hearing 2/27/2007 Agenda Item No. 8A February 27, 2007 Page 7 of 141 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? ] 8. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pernlitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone 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.l06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? .....- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 7 of 8 Bee Hearing 2/27/2007 Agenda Item No, SA February 27, 2007 Page S of 141 The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials related to these criteria. The project is a conversion of a commercial PUD zoning district to a residential PUD zoning district and as such is entitled to bonus density of up to 16 dwelling units per acre pursuant to Paragraph 1 of the Density Rating System of the Future Land Use Element of the Growth Management Plan. The applicant is requesting a density of 11.7 dwelling units per acre. Density is not an entitlement. As such it is up to the BCC to determine an appropriate number of dwelling units per acre based upon the applicable criteria set forth above. (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ-A- 2006-AR-9403 Princess Park Residential Planned Unit Development (RPUD) subject to the stipulations of staff and the Collier County Planning Commission, which have been incorporated into the RPUD document attached to the ordinance of adoption. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review ,- PUDZ-A-2006-AR-9403 Princess Park RPUD Page 8 of8 Bee Hearing 2/27/2007 Item Number: Item Summary: Meeting Date: Agenda Item No. SA February 27, 2007 Page9of141 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item requires that all participants be sworn In and ex pane disclosure be Drovided by Commission members PUDZ-AH2006-AR-9403 Toll 8rothers, ine representea by Walter FluegeL .AICP, of Heldt & Associates and Richard Yavanovich. of Goodlette, Coieman & Johnson, P.A, ~equestlng a PUO to RPUD rezone. The approved zoning classification IS currently Recreational Theme Park known as King Richards The proposed use of the property IS multi-family residential (133 multi-family units) to be known as ttle Pnncess Park Residential Planned Unit Development (RPUD). The subject property, consists of 11.3 acres and IS located on Alrport~Pulilng Road North, in Section 1. Township 49 South Range 25 East, Collier County. Florida 2/27/2007900.00 AM Pnncipal Planner Date Prepa red By Melissa Zone Community Development & Environmental Services Zonmg & Land Development Review 21141200711 :11 :12 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 2114120071 :12 PM Approved By County Attorney County Attorney Office Susan Murray, AICP Community Development & Envtronmental Services Zoning & Land Development Director Date Zoning & Land Development Review 2/14/20074:11 PM Norm E. Feder, AtCP Date Approved By Transportation Services Transportation Division Administrator Transportation Services Admin, 2/16120071 :32 PM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 2116/20075:00 PM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2120/20071 :47 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 2120/2007 1 :48 PM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Admtnstrator Date Community Development & Environmental Services Admin. 2120/2007 3:04 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2120/20074:32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2120/20078:04 PM Agenda Item No, SA February 27, 2007 Page 10 of 141 Co~r County -- ...~ ~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 18,2006 SUBJECT: PETITION PUDZ-A-2006-AR-9403, PRINCESS PARK RPUD OWNER: Bic's Investment Corporation 6780 Airport-Pulling Road North Naples, FL 34109 CONTRACT TO PURCHASE: Toll Brothers, Inc. 28341 South Tamiami Trail, Suite 4 Bonita Springs, FL 34134 AGENTS: Walter Fluegel, AICP Heidt & Associates, Inc. 3800 Colonial Boulevard Fort Myers, FL 339]2 Richard Y ovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner is requesting a PUD to RPUD rezone from Princess Park Planned Unit Development (PUD) also known as the King Richard Recreational Theme Park to be known as Princess Park Residential Planned Unit Development (RPUD). GEOGRAPHIC LOCATION: The project site is located at 6780Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 1 of8 PURPOSEIDESCRIPTION OF PROJECT: PUDZ-2006-AR-9403 Princess Park RPUD Agenda Item No, SA February 27,2007 Page 11 of 141 January 18,2006 eepe Hearing Page 2 of8 Agenda Item No, 8A February 27,2007 The proposed project consists of ] 1.3 acres of land to be developed as a Residential Pl~1 trfiJit141 Development (RPUD). The proposed redevelopment is for a residential neighborhood of 133 multi- family and/or Town-home dwelling units. SURROUNDING LAND USE AND ZONING: Subject Parcel: King Richards Recreational Theme Park, zoned Princess Park Planned Unit Development (PUD) Surrounding: North: Lone Oak, zoned PUD (Ord 86-11); and Longview Center, zoned PUD (Ord 03-41) Willow Park, zoned PUD (Ord 98-51) Lone Oak, zoned PUD (Ord 89-30) Bear Creek, zoned PUD (Ord 92-20) South: East: West: RSF- " ,9J GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 3 of8 Agenda Item No, SA February 27, 2007 The subject property is designated Urban - Mixed Use District (Urban Residential Subdist~t1~dril tMe141 Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The property is also within the Traffic Congestion Area, part of the Density Rating System, by virtue of its sole access being to a road that forms the Traffic Congestion boundary. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The Density Rating System provides for an eligible density of 4 dwelling units per acre (DU/A) throughout the Urban - Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU/A); the subject site is eligible for a base density of 4 DUIA. However, the site is within the Traffic Congestion Area so is subject to one (1) DUIA reduction. Although, the petition is eligible for the Conversion of Commercial Zoning density bonus which states: "if the project includes conversion of commercial zoning that is not consistent with any Subdistrict allowing commercial uses, a bonus of up to 16 dwelling units may be added for every one (1) acre of commercial zoning which is converted". 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 density range from 0-16 DUIA may be found consistent with the FLUE. As the site is presently zoned commercial Planned Unit Development, it has no assigned density or entitled density: the current commercial PUD district allows for an amusement park consisting of uses such as; mini-golf, bumper boats facility, go cart facility, game room, batting cages, and various other similar uses, but does not allow residential uses (dwelling units). Analysis of Residential Density Base Density Commercial Conversion Traffic Congestion Area Reduction Total Eligible Density Density Cap 4 DUIA 16 DUIA (Maximum) -1 DUIA 19 DUIA 16 DUIA x 11.34 acres = 181 DUs Requested Project Density: 11.7 DUIA x 11.34 acres = 132.67 DUs (or 133 DUs) Background! Additional Information · Conversion of Commercial Zoning When the GMP was adopted in 1989, it contained two provisions to remove strip and isolated commercial zoning: 1) the zoning re-evaluation program, a regulatory program whereby the County could downzone properties; and, 2) the Conversion of Commercial Zoning density bonus in the Density Rating System, an incentive for a property owner to initiate his/her own rezone from commercial to residential zoning. At the same time, the GMP guided new commercial (and high density residential) development to locations deemed more suitable and able to handle such development, by establishing the Mixed Use Activity Centers. Through the zoning re-evaluation program, approximately 215 acres of commercial zoned land was down-zoned. Since 1989, the Conversion of Commercial Zoning density bonus has rarely been used. One such conversion rezone was for a 2.93-acre parcel located on the south side of Bonita Beach Road, adjacent to the west of Little Hickory Bay PUD; it was rezoned in 1995 (petition R-95-8, Ord. No. 95-75) from C-3 to RMF-16, and is now developed. Another such conversion was for a +1O.45-acre parcel located on Vanderbilt Drive, west of the Vanderbilt DrivefWiggins Pass Road intersection, PUDZ-2006-AR-9403 Princess Park RPUD January 18,2006 CCPC Hearing Page 4 of8 Agenda Item No, SA February 27, 2007 north of the County owned Cocohatchee River Park; it was rezoned in 2005 (petition PUD~~$-9M,141 Ord. No. 05-15) from C-4 to RPUD at 9.48 DU/A. Both projects at the time ofrezoning were, and are still, located in the coastal high hazard area; the subject site is not. Also, the Evaluation and Appraisal Report (EAR) based, GMP amendments that were transmitted on May 16, 2006, include deletion of the Traffic Congestion Area. However, BCC adoption hearings are scheduled for January 2007; if approved as transmitted, these amendments likely would not become effective until April 2007 at the earliest. CONCLUSION: Based on the above analysis, the proposed PUD to PUD rezone amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Staff has reviewed the project (Princess Park PUDZ-A) with respect to policies 5.1, and 5.2 of the GMP's Transportation Element, and find the project to be consistent. This project produces 31 PM peak North-bound trips. Daily and Weekend use reflects a reduction in trips. There are ] 4 net new PM peak direction trips. This number is less than one percent (1 %) of the adopted Level of Service (L.O.S.) on Airport-Pulling Road. The remaining capacity on this segment of Airport-Pulling Road is approximately 1,350 trips. 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 RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC did not hear this petition seeing as the site was previously disturbed land and for this reason a waiver of the EIS requirement was granted. Utility Analvsis: The Utilities Department staff has reviewed and approved the petition. The RPUD Document requires the Developer to meet all applicable County Ordinances in effect at the time construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the LDC. Zoning and Land Development Review Analvsis: With respect to the matter of compatibility with adjacent properties, the surrounding neighborhood has an array of zoning classification; some of the parcels are zoned residential PUD's, Commercial (C-4 and C-5) as well as Industrial. The residential PUD's are mostly developed with single-family and multi-family homes. PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 5 of 8 Agenda Item No. SA February 27, 2007 The parcel to the north and east is Lone Oak PUD (Ord 86-11, 87-76 & 89-30) which tt>>@Ws~141 multi-family residential units at a gross density of 6.46 units per acre as well as approximately two (2) acres of commercial; also to the north is Longview Center PUD (Ord. 03-41) which is a mixed- use PUD that permits a gross density of 15 residential dwelling units per acre and 143,500 of retail and commercial square feet. The parcel to the south is Willow Park PUD (98-51) and allows 57,002 of commercial square feet. Immediately west of the proposed project is Airport-Pulling Road and adjacent to the Right-of-Way is Bear Creek PUD (Ord 92-20) which has a permitted 120 multi-family units at a gross density of 14 per acre. The Zoning and Land Development Review analysis applies specifically for current and future land use planning and refers to the relationship of the PUD to the surrounding properties. The PUD provides for a maximum of 133 multi-family dwelling units which results in a gross density of 11.7 dwelling units per acre, less than the maximum of 15 dwelling units per acre designated by the Density Rating System of the Commercial Conversion provision that is established by the Growth Management Plan (GMP). Based on staff's review of the proposed project and the adjacent existing and anticipated land uses, Princess Park RPUD is compatible to the surrounding property as well as consistent with the GMP and LDC. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant, Rich Y ovanovich and team members from Height & Associates held the required NIM on May 23,2006 at 5:00 P.M. at the Italian-American Club in Naples. Approximately fifty people attended, including the applicant's team and county staff. Of those who spoke, the majority of comments and concerns related to the new development's building(s) height, which was stated to be four (4) storiesl fifty-seven feet. Mr. Yovanovich stated that the applicant is committed to much more landscaping than is required by county code; and the required planting of 12 feet high trees will be "at least 16 feet" and "you're not going to see our development from your property". In further discussion of property buffers, a wall and or landscaped wall was discussed. Mr. Y ovanovich stated that Toll Brothers is not going to build a masonry wall around the property perimeter. We'll improve fencing and landscaping from what is currently there and his client has not made a decision yet whether it's going to be walled or fenced. When asked unit size and price points of the proposed project, consultants answered, "1,400-1,700 square feet, market entry level rate of mid to high $400,000; no affordable housing; sales will dictate development; most likely will not have a (sales) lottery". Other concerns voiced by neighboring property owners included traffic impacts to Walden Oaks and Carlisle and storm water run-off. Near the end of the meeting, some neighbors commented approval for the rezone and new development. Mr. Y ovanovich encouraged property owners to attend the public hearings to let their commissioners know their feelings. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDZ-A-2006-AR-9403 Princess Park RPUD. LIST OF STAFF REPORT EXHIBITS: PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 eepe Hearing Page 6 of8 Agenda Item No. 8A February 27, 2007 Page 16 of 141 Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 7 of8 Agenda Item No, SA February 27, 2007 Page 17 of 141 REVIEWED BY: ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the February 27, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARKP. STRAIN, CHAIRMAN PUDZ-2006-AR-9403 Princess Park RPUD January 18, 2006 CCPC Hearing Page 8 of8 REZONE FINDINGS PETITION PUDZ-A-2006-AR-9403 Princess Park RPUD Agenda Item No, SA February 27, 2007 Page 1S of 141 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. 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: The proposed change is consistent with the designated Urban-Mixed Use, Urban Residential Subdistrict on the FLUE. Inn addition, the proposed density does not exceed the maximum allowed by the Density Rating System; therefore, the project is consistent with the GMP. 2. The existing land use pattern; Pro: The existing pattern of development is mixed residential which includes multi- family and town-homes. The project is consistent with the existing residential land use patterns as explained in the staff report. Con: The area is primarily commercial; however, the Future Land Use is designated Mixed-Use and should not be detrimental to the adjacent or nearby properties. Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the proposed PUD to RPUD rezone is consistent with the GMP with regards to adequate public facilities the change will not create an isolated district. Con: None Findings: The proposed PUD to RPUD rezone will not result in an isolated district since the proposed residential uses and density complies with the FLUE. There are several other PUD developments in the area with similar land uses and development standards. Therefore, the rezone request will not create an isolated district to the adjacent districts. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 1 of5 Agenda Item No, 8A February 27,2007 4. Whether existing district boundaries are illogically drawn in relation t<f'i!iisfflt~f 141 conditions on the property proposed for change. Pro: The boundaries are logically drawn and provide a smooth transition from the lower density developments to the commercial developments along Airport-Pulling Road. Con: None Findings: The district boundaries are logically drawn and follow the existing property boundaries. Therefore, the project is compatible with existing conditions as well they are consistent with the Urban Residential Subdistrict, 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 is reasonable because the density band allows for higher density and more units in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: The proposed PUD to RPUD rezone amendment is not obligatory at this location. Findings: The proposed PUD to RPUD rezone amendment is appropriate based on the existing conditions of the property and because it adhere to the FLUE. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed dwelling unit types are similar to the currently approved PUD residential developments in the area. Also, the County's land use policy as reflected by the FLUE supports an action to convert Commercial property to residential within the area. Con: The project proposes a density that is four (4) to five (5) additional dwelling units more per acre than the currently approved projects in the area. Findings: The development will not adversely affect the living conditions in the neighborhood because the recommended development standards and other conditions for approval have been designed to ensure the least amount of adverse impact on the adjacent and nearby developments. 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 site generated trips will not lower the Level of Service (LOS) below the adopted LOS standard for Airport-Pulling Road. Therefore, the project is consistent with policy 5.1 and 5.2 of the GMP. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 2 of 5 Agenda Item No. SA February 27,2007 Con: Since the site is eligible for sixteen (] 6) dwelling units per acre bas&l3~2fu~f 141 Conversion of Commercial Zoning density bonus, although it will only utilize eleven (11.7) dwelling units per acre. As a result, there will be more site generated trips than similar developments outside the density band. Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the project will not lower the LOS below the adopted LOS for the area. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, 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: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub-surface drainage generated by development activities as a condition of approval. The drainage plan has been approved for all existing land uses and future development will be reviewed at the time of the first development order. This ensures that the drainage meets County standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed development requires the site to conform to the development standards which are based on the LDC. These standards provide for open space, corridor management, and building height restrictions, etc. to protect the adjacent areas. Con: None Findings: The proposed change will not have an adverse impact on adjacent properties. Furthermore, the final site design and the effect of light and air on adjacent properties will be finalized at the time of first development order. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent land. Additionally, the development standards are similar to those approved for the surrounding developments. Con: There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 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 PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT" A" Page 3 of 5 Agenda Item No, SA February 27,2007 by market value. The mere fact that a property is given a residential zoning ddS~ibfl.f 141 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 adjacent properties are also designated Urban Residential on the FLUE and they allow for similar dwelling types. Therefore, the proposed development will not be a deterrent to the improvement of adjacent properties. Con: None Findings: 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. The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: 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 PUD to RPUD rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning within the area. Con: None Findings: The subject property could not develop residential dwelling units in accordance with the existing zoning because the current zoning is Recreational Theme Park PUD which does not allow any type of residential homes. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 4 of 5 Agenda Item No, S/\ February 27, 2007 Con: The proposed RPUD would authorize residential densities greater tIBtffiEt~~f 141 proposed for nearby properties. Findings: The proposed RPUD will not generate vehicular trips that will lower the LOS below adopted standards the project will not adversely impact the neighborhood. The proposed RPUD is compatible with surrounding property in 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: There are many sites which are zoned to accommodate the proposed development but this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of the zoning are with consistency with all the elements ofthe GMP. 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 proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. 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 subject property has been previously cleared for the recreational theme park. Therefore, any site alteration will be minimal. Con: None Findings: The site will not require extensive alteration to make it usable for residential development. 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 PUD to RPUD rezone amendment 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: This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP and they have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. PUDZ-A-2006-AR-9403 Princess Park RPUD EXHIBIT "A" Page 5 of5 Agenda Item No, SA February 27,2007 Page 23 of 141 EXHIBIT "B" FINDINGS FOR pun PUDZ-A-2006-AR- 9403 Princess Park RPUD 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 project is located within the Urban Residential Subdistrict of the GMP and this district permits residential uses with a variety of dwelling types. The PUD to RPUD rezone amendment will intensify the land but relative to public facilities this project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: The existing residents in the area may perceive the residential intensification in the area as contributing factors to traffic congestion. findings: The GMP supports the intensification of land within the district of the subject property. Also, development conditions contained in the RPUD give assurance that all infrastructures 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. 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 Princess Park 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: The subject property is designated Urban-Mixed Use, Urban Residential on the future Land Use Map (FLUM) and the PUD to RPUD rezone amendment is consistent with the Growth Management Plan (GMP). Con: None PUDZ-A-2006-AR-9403 Princess Park RPUD Page 1 of3 Agenda Item No, 8A February 27, 2007 Page 24 of 141 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 RPUD Master Plan has been designed to optimIze internal land use relationships through the use of various forms of open space separation. External relationships are regulated by the Land Development Code (LDC) to assure harmonious relationships between projects. 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 open space set aside is consistent with the provisions of the LDC and the GMP. Con: None Findings: The Master Plan depicts an adequate amount of open space that provides for the equitable distribution of open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: This petition has been reviewed by all the required County staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Con: None Findings: The timing or sequence of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the 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 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. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 2 of3 Agenda Item No, SA February 27,2007 Page 25 of 141 Pro: Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed RPUD as well as the surrounding development at the time of build-out of this project. Con: None Findings: Supporting infrastructure such as wastewater disposal systems, potable water supplies and capacity of roads is at a level supportive of expansion. 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 Princess Park RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDZ-A-2006-AR-9403 Princess Park RPUD Page 3 of3 <(r--",- COO~ .0",- ON_ Z - 0 r-- EN~ (!) >, (!) =cucn Cll:::lCll ~15o.. (!) (!) O)LL <C ~ o ~ ~ ~ '" z g "'NYO (II: '~'O) < lr > ~ ~ ~ ~ < ~ : i3 ;!: "'NYO (J'o'O~ llNmnd-lllOdlll\l < g~ Q.~ l!l CJlIHfalnOI PNDCJ"I I Ii ~ J!! ~li; ~I I~ ~ IKD Ili~ d~ ~ ~ ;1 I! .. , ~ a. <C ~ ~ , :> II. (!) ::liS "- < a: Z - Z 0 N n DndDl'Orll~~= c,..__ ,.,......- ~~ " O.t.....-.,) 1MIl IPMIW.L Agenda Item No, 8A February 27, 2007 Page 27 of 141 ORDINANCE NO, 2007- 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRffiED REAL PROPERTY FROM PRINCESS PARK PLANNED UNIT DEVELOPMENT "PUD" TO PRINCESS P ARK RESIDENTIAL PLANNED UNIT DEVELOPMENT "RPUD" KNOWN AS PRINCESS PARK RPUD, FOR PROPERTY LOCATED 6780 AillPORT- PULLING ROAD (CR 31) NORTH, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.3:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 84-34, AS AMENDED, THE FORMER PRlNCESS PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WI-IEREAS, Toll Brothers, Inc. represented by Walter Fluegel, AICP of Heidt & Associates, lnc, and Richard Yovanovich of Goodlette, Coleman & Johnson, P,A., petitioned the Board of County Commissioners to change the zoning classification of the herein described rea] propelty. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the herein desclibed real property located in Section I, Township 49 South, Range 25 East, Collier County, Florida, is changed frolll "PUD" to "RPUD" the Princess Park Residential Planned Unit Deve]opment in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made pUlt hereof. The approptiate zoning atlas map or maps, as desclibed in Ordinance Number 04-41, as amended, the ColIier County Land Development Code, is/are hereby amended accordingly. . SECTION TWO; Ordinance Number 84-34, as amended, known as the Princess Park PUD, adopted on April 24, 1984 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 10f2 Agenda Item No. SA February 27,2007 Page 28 of 141 This Ordinance shall become effective upon filing with the Depa11ment of State. PASSED AND DULY ADOPlED by super-majority vote by the Board of County Commissioners of Collie!' County, Florida, this _ day of .2007. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLrnR COUNTY, FLORIDA Deputy Clerk BY: JAMES COLETTA, CHAffiMAN Approved as to fOIro and legal sufficiency ~ td; ;&ztl~?i 20f2 I',' ....; '.'~.:" . . ... .. "to', /; .---'" . ~'. ~:;,'. W:.~.., .' :~3<.>. l7;~~:< . .1- Agenda Item No, SA February 27,2007 Page 29 of 141 C"'l = - c.:;,. -.. ,.,; < t~; .:: t...P\ ~. . ~J"') ~~. ~':~ c.. '.1 . ~'t r ,.., :'J -. l- I::. -; ORDINANCE 84-~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR A RECREATIONAL THEME P.AR.K KNOWN AS PRINCESS rARK, LOCATED EAST OF AIRPORT ROAD, 11,; MILES NORTH OF PINE RIDGE ROAD: AND PROVIDING AN EFFECTIVE DATE: \oIREREAS. ,Frank Cardillo. petitioned the Board of County COlllllliuionera to change the Zoning Classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County COlllllliss1oners of Collier County, Flo~ida: SECTION ONE: The Zoning Class1f1~at1on of the herein described real property loc..ted in Section 1. Townahip 49 South, Range 25 East, Collier County, Florida is changed frolD A-2 to "pun" Planned Unit Development in accordance with the pun document attached hereto as ~h1bit "A" which 1. incorporated herein and by reference mad. part hereof. The Official Z~nin8 Atlas Map Number. Number 49-25-1, as described in Ordinance a2-2. 1. bereby amended accordingly. t" ~... .... "T'I .,. ::0 (") ...,., 'Z c....,) ~, ~ ... ~ II N r- , .~ .- m "" -I 018 "'~t 191 CI' -n 0 aOOK -1 :J:: )00 - -+ C'Q ", ..c.. . \)\) ~ u!1 (' ,.."'" ...... o. ", . ~ . . . , ,~~...., ATrt:ST~~ .... ... ~ WI LlttAM-,...J . r:-,: .. "0 .....-. .,: ..... - . . ~ . ....,; '0. .' .' . ,., ...... ::1., ';;", Agenda Item No, SA February 27,2007 Page 30 of 141 SECTION TWO: 'Tbh OrdinaDce .hall become effective upon receipt of notice tbat 1. ha. been filed with the Secretary of State. DATE: April 24, 1984 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY' l);;",ff &~ DAVID C. B WH, CHAIRMAN ~ teAL SUFFICIF.NCY ~GwrC2- PUD Ordinance srA'IE OF ~ ) <XXlNI"i OF COIl IER ) I I WIU.IAM J. REAGAN, Clerk of Courts in an:I for the 'IWentieth Judicial Circuit. do hereby certify that the foregoing is a true orlp,inal of: ORDINA."K:E m. 84- 34 which was adopted by the Board of County Ccmnissioners of Collier Cot.u:1ty, Florida. during Regular Session the 24th day of April, 1984. WI1NESS my hand and the official seal of the ~d of Countv,~... missioners of Collier County, Florida, this 24th day of Anrll",~~:~'.~.c.7:J'" c.)..\.. I ~ '\_~ .\-. :~.~...,t I!. U'T'TTTAl'J ~A"""'~" ..f\....'.. .... ~ \'y.LJ.....I.J~~ ~II"'\L',."'" ,". .~ Clerk of Courts ~..~ ,'.' '-: ~ Ex officio to Boa:OO of ',: '-; C ~ i~~... . .. ... aunty C S u...",...._':' ""';~ ,. : _ By'lfui~:~~~;/ 'J'ij '" 'j . This ordhonce flied with tho Secretory of State's Offic. Ih. .J.a.. day of a /U~'L. /9r~ and ocknowl~~ment of tt-tC"t flllng ree. Jved tIll..1l.d.. ~ of "7Ar~ ~~~ '. By : - J.I~~.. ~c_ . . ,~. , vomf ,"'" ." . 'J" l 'J :. ';:! . r;.. ~i .i": ; ;;.! 'r: ;" GO E.-Iu C 3 ,'. I:~ "\ ~ ~ ! aGOK 018 ~jr;~ 192 PLANNED UNIT w~~ELOPMENT DOCUMENT ..for PRINCESS PARK DECEMBER 1983 Prepared By: COASTAL ENGINEERING CONSULTANTS, INC. 3883 Davis Boulevard Post Office Box 8306 Naples, Florida 33941 (813) 774-4402 CEe FILE Ho.83.053 lOOK 018 mr 103' .' " ~ . . Agenda Item No, SA February 27,2007 Page 31 of 141 !.;.. '" ;}i ~.~~. ":~. r. I' "j 'l;'.~ ,.;.; . I .N~~ ~'. . ". SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTIOH VII :-..' .... Agenda Item No, SA February 27,2007 Page 32 of 141 TABLE OF CONTENTS ~ PROJECT OWNERSHIP AND DESCRIPTION........ 1 1.1 Purpose............................. 1 1.2 Legal Description................... 1 1.3 Property Ownership.................. 1 1.4 General Location of Property........ 1 1.5 Physical Characteristics of Site.... 1 STATEMENT OF COMPLIANCE.................. 3 PROJECT DEVELOPMENT DESCRIPTION.......... 4 3.1 Purpose............................. 4 3.2 General............................. 4 3.3 Project Plan........................ 4 UT I LIT I E S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Purpose............................. 6 4.2 County Requirements................. 6 4.3 Water and Sewer Provisions.......... 6 4.4 Utility Manager's Stipulations...... 6 4.5 Traffic Improvements................ B 4.6 Surface Water Management............ B 4.7 Solid Waste Collection.............. 8 4.8 Electric Power Service.............. 8 4.9 Telephone Service................... 8 4.10 Easements........................... 9 4.11 Environmental....................... 9 ~ I, PROJECT DEVELOPMENT STANDARD;. .. ........ 10 5.1 Purpose........................~.... 10 5.2 Permitted Uses...................... 10 5.3 Prohibited Uses..................... 11 5.4 Maximum Height of Structures........ 11 5.5 Off-Street parking.................. 11 5.6 Hours of Operation.................. 11 EXEMPTIONS FROM SUBDIVISION REGULATIONS.. 12 6.1 Purpose............................. 12 6.2 No Exemptions....................... 12 DEVELOPMENT COMMITMENTS.................. 13 7.1 Purpose.;............................ 13 7.2 Compliance with Master Site Plan.... 13 aOOK 018 mr 194 Agenda Item No, SA February 27,2007 Page 33 of 141 SECTt ON 1 PROJECT ,~ERSHIP & DESCRIPTION 1.1 PURPOSE The purpose of this section is to state the location and ownership of the subject property and to describe the existing condition of the subject property which is proposed to be developed under the project name "Princess Park". 1.2 LEGAL DESCRIPTION The north . of the south. of the southwest i of the south- west i of Section 1, Township 49 south, range 25 east; Collier County, Florida, less the west 100 feet thereof. 1.3 PROPERTY OWNERSHIP The property is currently under the ownership of Frank Cardillo and Constance A. Cardillo. 1.4 GENERAL LOCATION OF PROPERTY a) The ~ite is located on the east side of County Road 31, Airport-Pulling Road. The property lies in an area predominantly occupied by citrus orchards and nurseries. The property is bounded on the south by a golf driving range, on the west by Airport Road, to the east by a borrow pit and to the north by a single- family residence and contractor's yard. The project site contains approximately 11.3 acres. The current zoning classification of the subject property is agricultural (A-2). 1.5' PHYSICAL CHARACTERISTICS OF THE SITE The project is located within County Water Management District No.7 and within the Collier County Water and Sewer District. The subject site is very flat with the exception of a spoil bank along the 100' canal easement on the West property line. Elevations range from 10.5 to 11.0 except at the canal bank. The site has been used for agricultural purposes in the past. -1.. aOD( OiN I'1':f 105 '..r - ';\ ~.1 .- ,..j'l'!l. , ..r.., Agenda Item No, 8A February 27,2007 Page34of141 The agr~~omic soils series found within the project boundary include Arzell Fine Sand (over 951 of site) anri Immokalee Fine Sand (less than SS of the site). Soil r~~racter1st1cs (see Figure 1) were derived from the 5011 Sid "1 of Colli~r County, Florida, issued by the U.S. Departmen~ of Agriculture in Harch, 1954. The majority of the site is covered with Brazilian Pepper and Wax Myrtle with an understory of native grasses and ferns and a few willows. Test borings in the area show the bedrock to be at approxi- mately elevation + 1.0. -2- lOOK 018 "lr.~ 196 Agenda Item No, SA February 27,2007 Page 35 of 141 SECTION II STATEMENT OF COMPLIANCE The rezoning to P.U.D. of 11.3 ac(t) located in Section 1, T49S, R25E, Collier County, Florida, to be known as Princess Park is in compliance with the objectives stated in the Comprehensive Plan and with the requirements of the Collier County Zoning Ordinance for the following reasons. 1 ) The project facilities and service rating is in excess of 40 points. Therefore. it is considered as having adequate community facilities and services. (See Table 1) . The comprehens)ve plan designates the area of Princess Park as urban. "Golf Courses....Playgrounds... .and other similar recreation and open space uses" are permitted non-residential land uses. The property is well served by CR-31 (~irport Road) and is approximately a mile from the community commercial node at Pine Ridge Road and CR-3I. The property is within the county water supply system service area. 2) 3 ) 4) -3- aoolC 01'8 rlr.~ 197 . .t. Agenda Item No. SA February 27, 2007 Page 36 of 141 j SECTION III PROJECT DEVELOPMENT . ~CRIPTION 3.1 PURPO~~ The purpose of this section is to describe the general plan and development of the project. including: land uses and phasing schedule. 3.2 GENERAL a) Regulations for development of Princess Park shall be in accordance with the contents of this document. P.U.O. zoning regulations and restrictions and other applicable sections and parts of the "Collier County Zoning Ordinance" in effect at the time this document is approved. b) Unless otherw~se noted, the definitions of all terms shall be the same as the definitions set forth in the "Collier County Zoning Ordinance" in effect at the time this document is approved. 3.3 PROJECT PLAN a) The project master site plan is illustrated by Figures 2A and 26. The plan of develop~ent calls for a 36-hole miniature golf course, a "mini-car" track, a bumper boat pond, a batting cage, an "aero-ball" court, a kiddie car track, a remote controlled boat pond, a lake with paddle boats, a roller skat~ rental facility and outdoor track around the lake, a swimming pool, a matn building to house an offi~e, snack bar, park maintenance, game room. etc.. and small booths 'at individual amusements for ticket sales, storage, maintenance. etc. b) There will be no dwelling units on the 11.3 acre site. c) Such easements (utility. drainage. pr~vate. semi-private) as may be deemed necessary or desirable for the service or convenience of patrons of the facilities shall be established within the project boundaries during the final design phase or prior to construction. -4- aoo~ 018f'1r,~ 198 I '. ..,t', Agenda Item No. 8A February 27, 2007 Page 37 of 141 ",~ .\ ~ ;~ ',r.- :i~ ':~ '>:. Minor variations in locations of roads, structures, and water bodies, shall be permitted at final design to Iccomodate the geometry of the facilities to be installed. Minor variations shall be defined as being within 100' of the locations shown on the master site plan. Princess Park w1l' be developed in at least two phases. The initial phase will consist of at least the miniature golf, mini-car track, main building, and lake. The sequence and timing of subsequent facilities will be dictated by market conditions. f) Landscaped berms and buffers meeting the requirements of the zoning ordinance shall be provided and maintained. d) " ".:.~ ":',,1 .~ :~' :/; ,"'/ , . e) -5- ", .... :1f 1 .1"'. :.?; . ~1'{ { "~ .~ . \~ i::. \OO( 018 rar.t 199 >-..,.,. SECTION IV Agenda Item No, SA _ February 27,2007 Page 38 of 141 UTILITIES 4.1 0, -6- PURPOSE The purpose of this section is to describe the provisions for utilities for Princess Park. 4.2 COUNTY REQUIREMENTS All utilities including telephones and electrical systems shall be installed underground; provided, however, that appurtenances to these systems which require above ground installation will be effectively screened so as not to detract from the character of the development. 4.3 WATER AND SEWER PROVISIONS The project will be served by the City of Naples water system. Sewage will be handled by a septic tank and drainfield. Installation will comply with Chapter 100-6 of LA.C. 4.4 UTILITY MANAGER'S STIPULATIONS I} All construction plans ~nd technical specifications for the proposed Utility Facilities must be review~d and approved by the Utilities Division prior to commencement of construction. 2) All on-site and off-iite Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sewer District. in accordance with applicable County Ordinances and Regulations. 3) All construction on the proposed sanitary sewer system shall utilize proper methods and matarials to insure water tight conditions. 4) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed water facilities to be constructed, when they do not lie within public rights-of-way or Utility Easements. 5) Data required under County Ordinance No.80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved Health Department application for the interim septic system. aOD( 018 mt 200 ~ ~ ",!::,. Agenda Item No. SA February 27,2007 Page 39 of 141 6) rrovide commitment letter from the City ~f Naples regarding water service for the project. 7) The Owner of the project shan ent:!r ...to a written agreement with the County Water-Sewer Oistr1ct at the time utility construction approval is requested, legally acceptable to the County Water-Sewer District. stating that: a) The proposed on-site septic system facilities to be constructed as part of the proposed project must be regarded as interim; it ~hall be constructed to State and County standards and be owned, operated and maintained by the owner. his assigns or successors until such time as the County's Central Sewer Facilities are available to service the project. b) Upon connection to the County's Central Sewer facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the inter,m septic system facility, in accordance with State and County standards. All work related with this ~ctivity shall be performed at no cost to the County or the County Water-Sewer District. c) Connection to the County's. Central Sewer facilities will be made by the owners, their assigns or successors at no cost to the County or to the County Water-Sewer District within 90 days after such facilities become available. d) All cunstruction plans and technical specifications related to connections to the County's Central Sewer facilities will be submitted for review and approval prior to, commencement of construction. e) The owners, their assigns or successors andlor other applicants for building permits shall agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to ap~ropriate County Ordinances and r.egulations in effect at the time of Permit request. This requireme~t shall be so stated in all contractual documents between the Developers. their successors or assigns, and the purchasers of this property. -7- l ~. 80DK 018 PI!;! 201 4.5 TRAFFIC IMPROVEMENTS i\genda Item No, SA I February 27,2007 Page 40 of 141 . -8- Subject to Collier County, Department of Transportation approval, the developer, his assigns or successors, shall pr~.ide the follow. j: a) Modifications to Airport Road at the project entrance will be as per County Engineering/ Transportation standard detail sheet for left turn storage and right turn deceleration lanes. Developer will provide arterial level street lighting at entrance. b) 4.6 SURFACE WATER MANAGEMENT a) The Surface Water Management 3ystem will be owned and maintained by "Princess Park Incorporated", the entity created to own and manage the park. b) Water Management for the proposed project will utilize a man made lake and canal for detention of storm flows. Discharge will be into the canal along the east side of CR-31.' The canal along Airport Road will not be modified with the exception of a culvert installed at the entrance road. The culvert will be of sufficient size to maintain existing flows. c) Detailed Water Management plans shall be submitted to the County Engineer 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 County Engineer. 4.7 SOLID WASTE COLLECTION The collection of and rlisposal of so\~~ waste will be handled by the County designated franchise holder for that service. 4.8 ELECTRIC POWER SERVICE The project is within the service area of Florida Power and Light Company. 4.9 TELEPHONE SERVICE The project is within the service area of United Telephone System. aoo,; 018 mt 202 :1 ;t;l4 I 4.10 EASEMENTS Agenda Item No, 8A February 27, 2007 Page 41 of 141 Easements shall be provided for all utility services as required by subdivision regulations. a) [NV T~~:: :.:.MENT At COtfS I DERA TI C r:s ~ll exotics will be removed during d~velopment per county ordinance. and the area will be maintained exot i c-free. ' Native vegetation will be the foundation of the landscaping plan which will be submitted to the county environmentalist for review. 4.11 b) -9- . . ,,' .j .. II' "I ~. jJ, aDOK 01'8 Plr;t 203 SEeTI ON V Agenda Item No, 8A February 27, 2007 Page 42 of 141 PROJECT DEVELOPMENT STANDARDS 5.1 PURPOSE The purpose of this section is to set forth the reg lations for the development of Princess Park. 5.2 PERMITTED USES No structure or facility or part thereof shall be erected, altered, or used; or any land or water used in whole or in part, for other than the following: a} Princip~l Uses 1) Buildings for an office. maintenance f~cilities, storage, ticket sales, snack bar, recreation room and similar uses. 2} Miniature Golf Course 3) Mini-Car Track 4) Bumper Boat Pond 5) Batting Cage 6) Aero-Ball Court 7} Kiddie-Car Track 8) Remote Control Boats and Pond 9) Swimming Pool 10) Outdoor Roller Skating Track 11) Boat Rental F~cilities 12) Any other similar and compatible recreational use approved by the Zoning Director. -10- " .... ~-., ....:1. .;;;,t ~OOK 018 PI';~ 204 01 Agenda Item No, 8A February 27,2007 Page 43 of 141 b) ACCESSORY USES 1} Signs as permitted by the zoning ordinance of Collier County Walls and fences constructed of materials and finishes architecturally compatible with the concept of "Princess Park" or buffered and land- scaped shall be permitted subject to the provisions of the Collier County Zoning Ordinance and this document. 2) 5.3 PROHIBITED USES Video Games 5.4 MAXIMUM H~IGHT OF STRUCTURES The maximum height of all structures shall be 30 feet. Fences will be limited in height to 8 feet, except adjacent to the driving ~ange located south of the project, where fence height will be limited to that required to safely screen parking and recreational facilities from golf balls. 5.5 OFF-STREET PARKING Off-street parking shall be provided as directed by the Zoning Department of Collier County at the time of approval of this document and shall remain until such time as the County Zoning Director determines that parking is insufficient to accomodate further expansion, at which time such expansion must stop until additional parking is installed. 5.6 HOURS OF OPERATION DAY HOURS OF OPERATION TRACK O~LY Sun Noon 9:00pm 9:00pm Mon lO:OOam - lO:OOpm " Tues " " " Wed " .. .. Thurs " or " Fri 10: OOem - Midnight 10:00pm Sat 10:00am - Midnight 10:00pm -11- . .l.t ,(~ ~. aco( 018 m~ 205 . ',-. ." ",- .~} (.: . .l!i.; . ~:t.' . :t";""~' ..; l7t' :~':..::. .:./"_' ~:-- .,; ,i', .. ~. .'. ,I " :!':~:, I~'~".',"; '~'~~-'. ~1": ;l.1't'~"",' .~1Tj',; , ,~,.".'~'.. :~~~,:"}- " ~.~I~~. "( )" J.~ ".', , .' , .......' Agenda Item No, SA. February 27,2007 Page 44 of 141 SECTION VI EXEMPTIONS FROM SUBDIVISION REGULA: .~.:~S 6.1 PURPOSE The purpose of this section is to describe those require- ments of the Collier County Subdivision regulations from which Princes~ Park will be exempt. 6.2 NO EXEMPTIONS Princess Perk does not come under the provisions of the subdivision regulations. -12- lOOK 018 rl~[ 2GB Agenda Item No, SA February 27,2007 Page 45 of 141 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PUR~~~E The purpose of this section is to set forth the developer's commitments concerning the development of Princess Park. 7.2 COMPLIANCE WITH MASTER SITE PLAN If the applicants, their successors or assigns, proceed with the proposed development, they agree: - A) To Do So in Accordance With: 1. The approved master plan of development 2. Regulations existing when the amendment rezoning the land to P.U.O. is adopted. 3. Such other 5tfpulations or modifications as may be attached to the rezoning of the land to P.U.D. -13- aODK 01'8 r-kr,t 207 .. . ,',',. ~~~ ..,f} ....:. TABLE 1 POINT RATING FOR PRINCESS PARK P.U.D. Agenda Item No, SA February 27,2007 Page 46 of 141 ~~, . ^ ..', ,', ACCESS Directly adjacent to ext~ting arterial (Airport Road) , 20 pts. WATER Central system (Existing 16M line along Airport Road)' 15 pts. SEWER SERVICE Septic tank 2 pts. FIRE PROTECTION Within fire district with level of service M7" or better and within 3 miles of fire station (1.8 miles from new Pine Ridge Station) 10 pts. SUBMISSION AS P.U.D. 5 pts. TOTAL POINTS POINTS REQUIRED 52 pts. 40 pts. -14- aoo( 01R N~f roB' . ( ;~ - IIIIIlgenda Item N February 27, . Page 47 of - ORDINANCE 90- -il-- '" "" AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT ~ ORDINANCE NUMBER 84-34, WHICH ESTABLISHED THE ~ -, PRINCESS PARK PLANNED UNIT DEVELOPMENT, BY AMENQ,ING ~rlr SECTION FOUR, trrILITIES, SUBSECTION 4.3, WATER IiND ~ EWER PROVISIONS, BY ADDING AS AN ALTERNATE TO 'tilE ~ IC TANK SYSTEM, INTERIM SEWER SERVICE MAY Be.,. " ~ rJ OVIDED BY THE LONE OAK FACILITY; BY AMENDING ~ CTION FIVE, PROJECT DEVELOPMENT STANDARDS, "" ~ ~ ~ SECTION 5.2, PERMITTED USES, BY ADDING VIDEO IV, AMES IN AN ENCLOSED AREA AS A PERMITTED USE; AND ~~ BY AMENDING SUBSECTION 5.3, PROHIBITED USES, BY alU..:f! DELETING VIDEO GAMES; AND BY PROVIDING AN EFFECTIVE DATE. - ; WHEREAS, on April 24, 1984, the BoareS af County Co.ai..ioner. approved Ordinance Number 84-34, which ... e.tabli.hed the Prince.s Park Planned unit Development; and t '. ~ WHEREAS, Georqe Veq. represent!nq Frank Cardillo, Constance Cardillo and Stuart Kaye, petitioned the Board ot county Commi..ioners ot Collier County, Florida, to amend Ordinance Number 84-34 by amendinq section Five, Project Develop.ent.standards, Subsection 5.2, Permitted Uses, by ., a~dinq video qames in an enclosed area and deletinq video . ~'--' g.... fro. Subsection 5.3, Prohibited Uses and renumherinq ~._... . subsection. accordinqly. . o. .... .. " .. NOW, THEREFORE BE IT ORDAINED by the Board at ... . . Co~tYCommis.ioner. ot Collier County, Florida: SECTION ONE: Amendments to Section 4, Utilities ot .." ..,.. Ordinance 84-34 at Collier County, Florida. ~ Section 4, Utilities, SUbsection ~.3, Water and Sewer ot Ordinance 84-34, The Princes. Park Planned Unit Development, i.~h.r~bY amended to read as follows: zo.. ~/ . )0.,_ .. .. . SECTION IV utilities WATER AND SEWER PROVISIONS 4.3 The Project will be served by the e*ty-ef-Nap~e. Collier Countv Water-Sewer District's water system. Sewaqe will be handled by septic tank and draintield. Installation will comply with Chapter 100-6 ot F.A.C. However. as an alternative to the ad1acent interim sewer treatment tacility ogerated bv the Lone Oak Homeown~rs' Association. Inc. Any such interim sewer service shall be first subject to the execution of an Agreement between the ooerator ot the Lon~ Oak utilitv. the owners of Princess Park and Collier County Words-st~uek-thra~9h are deleted; words underlined are added. 80DK 3lfpl"~ 234 ~ J Vi rfl :, ..,.,' . ,.- I rr r":; u:. c::: '~hich contains the terms and reaulrements contained in similar standardi~ed aareements then entered into bv the County where interim service is Drovided to develoDers by third Dartv Droviders. Anv connection to the Lone Oak sevaae treatment facilities shall not In any manner whatsoever alter or diminish the owner's/develoDer's obligations to connect to the County's central sewer system ueon availability. SECTION TWO: - - _genda Item No February 27, Page 48 of .'. tl .... /' Amendments to Section 5, Project Development Standards, of Ordinance 84-34 of Collier County, Florida. Section 5, Project Development Standards, Sub.ection 5.2 Permitted U.e., of Ordinance 84-34, the Princess Park Planned unit Development, is hereby amended to read as tollows: SECTION V a) Principal Uses 1) Building. for an office, maintenance facilities, storage, ticket sales, snack bar, recreation room and similar use.. "t,: [~j~"::,' , It:"~, ' 1%>'':-: ;!fl,.l" . :~~. .- ;~.>;' " 2) 3) ') 5) 6) 7) 8) 51) 10) 11) 12) Hihiature Golt Course Hini-Car Track Bumper Boat Pond Batting Cage Aero-Ball Court Xiddie-Car Track Reaote Control Boats and Pond SWimming Pool OUtdoor Roller Skating Track Boat Rental Facilities Any other similar and compatible recreational use approved by the Zoning Director. 13) video aames within an enclosed area. Amendments to Section 5, Project Development Standards, of Ordinance 84-34, of Collier County, Florida. Section 5, Project Development Standards, Subsection SECTION THREE: ..... " f' r-,:, .' PROJECT DEVELOPMENT STANDARDS ~:~i~';';~'~.:a PDHI'rrED USES ,t',' Ho structure or facility or part thereof shall be erected, altered, or u.edJ or any land or water used 1n whole or in part, for other than the following: 5.3, Prohibited Uses, of Ordinance 84-34, the Princess Park Planned Unit Development, is hereby amended to read as Words-str~ek-thrc~qh are deleted; words underlined are added. ~OQ( 3""9 ;.~{ 235 - . . follows: " - ~genda Item N February 27, Page 49 0 5.3 PROHIBI1ED USES Y'.e.-ea.e. Hgna I :~ t .". IBCTIOlf FOURs CONFLICT AND SEVERABILITY In the avent this ordinance conflicts with any other ordinance of Collier County and other applicable law, the .ore re.trictive ahall apply. It any phrase or portion ot the Ordinance is held invalid or unconstitutional by any court of co.petent jurisdiction, such portion shall be dey.ad . ..parate, distinct and independent provision and such not. affect the validity of the remaininq Effective Date ettective upon receipt of Secretary of stat. that this Ordinance has been tiled with the secretary ot state. DATE: Jttnl!!! 12, 1990 A'1"1'EST : JAHESC. GILES, CLERK , ,)\)UQ :11 , " , "~.;1. .. . '. ..:~," ':,. . ~:. . , 'AS TO, f'bM AND LEGAL SUFFICIENCY: ."~ .~~'!\<-:~: '.~' ". -' :'~ , , .,..t ~ .~.. . . I:':P i~,::,:,':.i,~~~ :"" ':ASSi:'*~'" A'r'1'ORNEY :., ..;. .......... It,: '" PDi~tO-2" ORDINANCE AMENDMENT I;'J!..:', n!:t/3028 '~~;:" ' I -i J ~ i . This Ofdlnonc. flied wIth fM ~retpty of .'. Of~ ~., .... fll ~ of Words-.~r.ek-~hro~9h ar~ deleted; words underlined are added. -3- aoaK 39 I'm 236 .. - - '~)'- '. ".. ' r :/'. l'1'A'l'K O~ ~t.OKIDA ,I,; ~J. .' COUNTY OV COLLIER It JAMIS O. GILlS. Clerk ot court. in and for the Twentieth Judicial Circuit, Collier County, Florida, do hareby certify that the toregoing is a true copy ot: Ordinance No. 90-53 which wa. adopted by the Board of County Commissioners on the 12th day at 3une, 1990, during Regular Session. WITNESS my hand and the otticial seal ot the Board at County Commi..ioner. at Collier County, Florida, this 20th . . ~:r\i. ;t: day at 3une, 1990. ':.... ' ' '~ .' .~ 3AMES C. GILES Clerk of Courts and Cr.rk Ex-officio to Board ot-:'..,.' , ?fcoun::::<;. ~. : 18/Maureen Ken n ' . Deputy Clerk .l;;O~ 39 ~l';t 237 1,/, ' ". .~~ . ..,:. :,. '. "" . " . ,. "" . :"I : ~.~ '. . ,\. r. ... Princess Park RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREP ARED FOR: croll CBrothers America's Luxwy Home BaUder" 28341 S. Tamlaml Troll, Suite 4 Bonita Springs, FL 34134 PREPARED BY: ----------------------------l i HEIDT & ASSOCIATES, INC. I r'Ort ~Iy.n I J6(OCQlorUIt~ I MI"Cffll.n sun SCoWE ARCHIUC1UUI. f'r:-~:;~:~~~~s I f.NYIKUNIlIf.NTAlI'IRMlrI'lNG Tampa + SAr.ftBOl1l I _______.________...._....___________._____.____ ,___._.__.___.__......__,__J AND Goodlette, Coleman & Jolmson, P.A. 4001 Tamiarni Trail North, Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Agenda Item No, SA February 27, 2007 Page 51 of 141 TABLE OF CONTENTS SHORT TITLE PAGE SECTION I: STATEMENT OF COMPLIANCE 4 SECTION II: PROPERTY OWNERSHIP AND DESCRIPTION 7 SECTION III: RESIDENTIAL DEVELOPMENT REGULA TrONS 8 LIST OF EXHIBITS AND TABLES 3 2 Agenda Item No. 8A February 27,2007 Page 52 of 141 LIST OF EXHIBITS AND TABLES EXHIBIT A RESIDENTIAL PUD MASTER PLAN EXHIBIT B LIST OF REQUESTED DEVIATIONS FROM LDC EXHIBIT C DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 3 Agenda Item No, 8A February 27,2007 Page 53 of 141 Agenda Item No, SA February 27, 2007 Page 54 of 141 SECTION I STATEMENT OF COMPLIANCE The subject property consists of 11.34:t acres of property in Collier County, Florida, and will be redeveloped as a Residential Planned Unit Development (RPUD), to be known as Princess Park RPUD. The proposed development will be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), as amended, including concurrency requirements. The proposed RPUD will consist of 133 multi-family andlor Townhome units, including recreational amenities and open space, all to be constlUcted in one phase. The proposed development strategy will be consistent with the land development regulations and Growth Management Plan. Specifically, the proposed development is consistent with the following Growth Management Goals, Objectives, and Policies of the Growth Management Plan: 1. The subject property is located within the Urban Mixed-Use District-Urban Residential Subdistrict as identified on the Collier County Futurc Land Use Map. The Urban Residcntial Subdistrict of the Urban Mixed-Use District provides for higher urban densities in areas with fewer natural resource constraints and where public facilities are concentrated. 2. The Density Rating System of the Growth Management Plan establishes provisions for the assignn1ent of density for properties within the Urban Residential Subdistrict of the Urban Mixed-Use District. The GMP, as amended, establishes densities for the conversion of commercially zoned lands that are located in Subdistricts that are not compatible with commercial uses. Accordingly, the proposed development would be assigned a baseline density of 16 dwelling units per acre (dulac). However, this baseline density assignment then must be offset by the Traffic Congestion Area provision of the GMP, as amended, to subtract 1 dulac of baseline density due to the fact that the subject property accesses to Airport-Pulling Road, which qualifies as a Traffic Congestion Arca Density Rating System Calculation -Base permitted density -Commercial Conversion (DRS Provision 1) -Traffic Congestion Area Reduction (DRS Provision b.1.) Permitted Density 4 du/ac 16 du/ac -1 dulac 19 du/ac Proposed Density -133 units on 11.34 acres 11.7 du/ac 3. All final local development orders/permits for the subject RPUD shall be subject to the Collier County Public Facilities Ordinance. 4 Agenda Item No, 8A February 27,2007 Page 55 of 141 4. Objective 7 promotes vehicular interconnections between adjoining properties) as well as encourages safe and convenient on-site traffic circulation. It is the intent of the developer to design a walkable community within the parameters of the subject site. Internal/external sidewalk access will be achieved through a connection to the existing sidewalk along Airport- Pulling Road. However, due to the constraints of the subject site and the abutting existing neighborhood) the goal of direct vehicular interconnections between said properties could not be achieved. 5 Agenda Item No, SA February 27,2007 Page 56 of 141 SECTION II PROPERTY OWNERSHIP, DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set fOlth the ownership, legal description and short title of the property proposed to be developed, under the project name of Princess Park RPUD. 1.2 LEGAL DESCRIPTION The subject property being 11.346 acres, is described as: The north half of the south half of the southwest quarter of Section 1, Township 49 South, Range 25 East, Collier County, Florida, LESS the west 100 feet thereof, previously reserved for road right~of-way purposes. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership ofBic's Investment Corp, 6780 Airport-Pulling Road North, Naples, FL 34109. The subject property is under contract to Toll Bros., Inc. 28341 S. Tamiami Trail, Suite 4, Bonita Springs, FL 34134. 1.4 PROJECT DEVELOPMENT The subject propeliy consists of 11.34:t acres of property in Collier County, Florida, and will be redeveloped as a Residential Planned Unit Development (RPUD), to be known as Princess Park RPUD. The property is located in the North Naples Planning Community, The subject property is cUITently zoned as the Princess Park PUD and has been developed as an amusement park. The proposed development shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan, including conCUlTency requirements. The proposed RPUD will consist of 133 multi-family and/or townhome units, including recreational amenities and open space, all to be constructed in one phase. 1.5. CONTINUATION OF EXISTING USES The existing commercial uses on the Princess Park PUD shall be allowed to continue operations as permitted uses until such time as site work for the residential uses commences. At that time, the existing commercial uses shall cease. 6 Agenda Item No, SA February 27, 2007 Page 57 of 141 SECTION III RESIDENTIAL SUBDISTRICT 2.1 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the multi-family residential RPUD shall bc established at the time of development plan review, but shall not exceed 133 residential dwelling units. 2.2 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Multi-Family Dwelling Units 2. Townhomes 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uscs, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. 4. The uses existing on the site shall remain permitted uses until such time as site work for the residential use commeces. B. Accessory Uses: Accessory uses and structures customarily associated with the pelTI1itted principal uses and structures, including, but not limited to: 1. Customary accessory uses and stlUctures, including garages. 2. May include common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities, including clubhouse, swimming pool, barbeque facilities, tennis courts, playgrounds, and restrooms. C. Ancillary Uscs: 1. Project sales and administrative offices, model units, temporary sales facility and temporary construction trailer. 2. Utility facilities and/or easements, including rights-of way and driveways/aisles. 3. Water management areas and amenity feature lakes and fountains. 4. Signage. 5. Guardhouse and entry gate. 6. Maintenance facilities. 7 Agenda Item No, SA February 27, 2007 Page 5S of 141 2.3 DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. T ABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT MULTI. GUARDHOUSE/ACCESS CLUBHOUSEIRECREATION STANDARDS FAMIL Y TOWNHOME CONTROLSTRUCTURE~ BUILDING MAINTENANCE BUILDING PRINCIP AL STRUCTURES MINIMUM LOT 9,000 SF 1,700 N/A S,O()O SF AREA MINIMUM LOT 9()' 20' 0' 20' "1DTH MIN FRONT 20' 20' 0' 20' YARD * MIN SIDE YARD IS' O' O' 10' ** MIN REAR YARD IS' 15' O' 15' ** MIN. DISTANCE BETWEEN 20' 10' N/A N/A STRUCTURES 4 stories, MAX. BLDG. HT. not to 2 stories, not to 35' *** 1 story, not to e:l:ceed 35' *** NOT TO EXCEED exceed 57' exceed 35' *** *** MINIMUM FLOOR 750 SF 1,000 SF 100 SF (400 SP Max) 1,000 SF AREA ACCESSORY/ANCILLARY STRUCTURES --- FRONT 20' 20' 0' 10' SIDE 10' 0' 0' O' REAR 15' 15' 15' ** 15' ** DISTANCE BETWEEN 10' 0' 0' 0' PRINCIPAL STRUCTURE MAX. BLDG. liT. 20' 20' 20' 20' NOT TO EXCEED * Front Yard measured from back of curb. Distance from the side-loaded garage doors to the back of sidewalk shall be no less than 23 feet ** Water setback (seawalllbulkhead) = 0 feet *** Zoned Height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between stlUctures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. 8 Agenda Item No, 8A February 27,2007 Page 59 of 141 EXHIBIT A MASTER PLAN 9 Agenda Item No, SA February 27,2007 Page 60 of 141 EXHIBIT B LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1. Seeks relief from LDC Section 6.06.01.0 which requires minimum local street right-of-way width of 60 feet to allow a 40 foot private access easement. This deviation is justified due to the small-scale setting of the proposed 'neighborhood', This addresses concerns that a larger road right-of-way is conductive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. The 40 feet private access easement for a residential street will successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. This dimension for a neighborhood right-ol-way accommodates all the standard roadway functions so that the development is compact and open spaces can be maximized and concentrated on the subject property. Deviation 2. Seeks relief from LDC Section 5.03 ,02, which limits fence or wall height to 6 feet measured from unaltered ground level at the fence or wall location, to allow a 6 foot wall on a 2 foot benn for an overall height of 8 feet. This additional height allows the fence or wall to function relative to the graded site elevation and the Airport-Pulling Road elevation. The two additional feet in height and adjustment to the measurement location responds to the site condilions so that the perimeter fence or wall functions to visually and physically define and protect the neighborhood edge, This deviation is intended to ensure compatibility with surrounding uses. Deviation 3. Seeks relief from LDC Section 6.06.01.1, where dead-end streets shall be prohibited except when designed as a cuI-dc-sac. Whcn a street is designed to be extended when the adjacent property is developed, a temporary cuI-de-sac and right-of-way shall be designed. A cul-de-sac in excess of 1,000 feet shall be permitted. This deviation will allow the cul-de-sac to be extended, recognizing the linear orientation of the property and acknowledging that the length to the cul-de-sac will ultimately be subject to Fire Department approval. Deviation 4. Seeks relief from LDC Section 4.06.02 to allow a deviation from the 15 foot required buffer adjacent to the office complexes along the northern property line. This deviation will provide a 15' perimeter buffer along that the northern property line for that portion of the northern property line abutting the existing office complexes as shown on the Conceptual Alaster Plan. This deviation will address site constraints along the northern property line, including a 15' utility easement. This deviation will allow the site to be developed with a minimum overlap of 5' for the Perimeter Landscape Buffer into the utility easement as depicted on the Typical Cross Section for Easement / Landscape Buffer Overlap on the Conceptual Master Plan. Pursuant to Ordinance 2004-31, as amended, it is understood that the developer, its successor(s) in title or assignce(s) shall be responsible for all costs and expenses of any and all repairs, replacements, maintenance and restoration of..;aid improvements. 10 Agenda Item No, SA February 27,2007 Page 61 of 141 EXHIBIT C DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 1.2 GENERAL All facilities shall be constructed in strict accordance with final SDPs, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this RPUD. 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 RPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition any successor or assignee in title is bound by the conunitments within this Document. 1.3 PUD MASTER PLAN A. Exhibit "A',', RPUD Conceptual Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application, subject to the provisions of the Land Development Code, as amended. B. All necessary easements, dedications, or other instlUments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Easements shall be maintained by the developer, its successor(s) in title, or assignee(s). 11 Agenda Item No, SA February 27,2007 Page 62 of 141 1.4 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. A gatehouse/limited access facility shall be permitted within the project's main entrance area, but shall not be located so as to impede traffic flow (minimum 100 foot distance from edge of pavement to stop~bar, andlor gate) on Airport Pulling Road, nor shall such facilities be located within the Airport Pulling Road right-of-way. B. Arterial level street lighting shall be provided at all development points of ingress and egress, Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. External and internal improvements deternlined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance ofthe first CO. D. All median openings and driveway locations shall be in accordance with the Land Development Code, and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Transportation Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. A median opening shall be preserved for emergency vehicle access to the emergency vehicle entrance. E. Nothing in any development order shall vest the right of access over and above a right in/right out condition. Neither shall the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). F. All accesses and roadways not located within a County rights-of-way shall be privately maintained by an entity created by thc developer, its successors in title, or assigns. The developer shall design and pay for any required road improvemcnts to Airport Pulling Road that will provide access to the project (this includes previously referenced turn lanes and other improvements such as lighting). Any future expansion of AirpOlt Pulling Road shall include the project's access and shall be designed and paid for by the County during the construction of AirpOlt Pulling Road. 12 Agenda Item No, SA February 27,2007 Page 63 of 141 G, All work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance Number. 1.5 WATER MANAGEMENT The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. In accordance with the rules of the South Florida Water Management District, the Princess Park RPUD project shall be designed for a storm event of a 3-day duration and 25 year storm retum frequency. B. An excavation pelmit shall be required for the proposed lake (only if the existing lake has to be modified) in accordance with the Collier County Code of Laws andOrdinances. All lake dimensions shall be approved at the time of excavation permit approval. C. Detailed paving. grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction takes place in accordance with the approved plans by Engineering Review Services. D. Minor changes and/or modifications to Exhibit A shall be authorized pursuant to Section 1.3 A. of the Princess Park RPUD. E. A South Florida Water Management District surface water management permit shall be obtained prior to site development plan approval. t.6 UTILITIES The development of this RPUD Master Plan shall be subject to and governed by the following conditions: 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 applicable Collier County 13 Agenda Item No, SA February 27, 2007 Page 64 of 141 Ordinances, as amended, and other applicable County rul es and regulations. B. All customers cOlU1ecting 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 shall be connected to the District's water main and extended throughout the project. This system shall be consistent with the main sizing requirements specified in tlle County's Water Master Plan. During design of these facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall include dead~end flushing hydrants. D. A water disttibution system shall be constructed thmu gh out the 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 01-57, as amended, shall be conveyed to the County WaterlSewer 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 shall be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted tights-of-way or within utility easements, as required by applicable Collier County Ordinances, 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, its assigns or successors. G. All construction plans and teclmical specifications and proposed plats, if applicable, for the proposed sewer system shall be reviewed and approved prior to commencement of construction. 14 Agenda Item No, SA February 27, 2007 Page 65 of 141 1.7 ENGINEERING The development of this RPUD Master Plan shall be subject to and governed by the following conditions: 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 constl1lction in accordance with the submitted plans is granted by the Engineering Review Services Department. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the 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 wi th any subsequent development order relating to this site including SDPs and any other application that will result in the issuance of a final local development order. 1.8 ENVIRONMENTAl, The development of this RPUD Master 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 be subject to review and approval by Environmental Services Staff. B. An exotic vegetation removal, monitoring, and maintenance (exoticN free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final SDP/construction plan approval. C. The developer 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 Review Staff for review and approval prior to final SDPlconstruction plan approval. D. This RPUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the CoHier County Land Development Code at the time of final SDP/construction plan approval. 15 Agenda Item No, 8A February 27,2007 Page 66 of 141 E. All approved agency (South Florida Water Management District [SFWMD], United States Army Corps of Engineers [ACOE], and FFWCC) pernlits shall be submitted to Environmental Services Staff prior to SDP approval. 1.9 AFFORDABLE HOUSING The Developer of Princess Park RPUD, in cooperation with Collier County, has agreed to address affordable housing impacts associated with King Richards RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. A. One thousand Dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable and/or workforce housing. 2.0 HISTORICAL AND ARCHAEOLOGICAL A. Pursuant to 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. Resumption of construction activities shall be conunenced inuuediately upon approval of Collier County Code Enforcement Department, which shall provide for an expedited review of issues sUlTounding said artifact. 16 <(f'-"'- ,S2g~ \J_ _0 C: N f'- CDeCO =::CO~ CO:JCtl -g15Q.. CD CD OJLL <( t j ~ : I 'C ~ 5 o ~ III S ~ ~ ~ : ~ ~ -o~ 5 :F. =.Il, !l ~ ~ ~ rn~ ~j u. ~~ ~ .gJ~~ ~ ~ . ., PlJ!~ g,n l\.~~ , , , I I I , I I , I ' II! -E ~ . ;:1 if l", .!i - - . . " " . . '/. ;fI": ..::I ~ :i u~ - ~ . oJ ~ -a ~~~~;~~ _z~....;:::l- j ~ " ~ ..d u Cl" .;( .. ,,:;; ~ .3 ~ 6~!!f ,< ,Ii n ~) I-i 11 u '" 0 .:l " ~ _ H q'~ ilBne.;ol~ fol '= 'C .!! ,. ~ ':l ,. t::w,:J;:j:!'s"~ CI'J .~~~Q .. l! I~! "S~l ~..~ ~~~i.. ~1:JE!BcB..~g:~ l:l~oIV,lg.c:!e ~~lH~~Jij . I -*" I' II ) ! i5 ~ .. Clm ,6 dl ;;:. ;;> - c.Il ~,... :i ~5 .. ~ l:l '3 s ~ ~ ] .~~ ~ 0 .:l 1-0" _________~...---~ N ~ ~l'1 ~ i rr--------- __"I!tI!l.",2 II ! 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' --- ------ --- ' " , , ',!l'1;F".I,-.f.,... _____.J, ' _ '. '1~'\! 1"~ ~-"""'-~~ --1______ ....... : ___...._ ~ -.IN' \\( ~; ---fo-------.. c.'.,:<"", _,:::7: __ ~;.-__L : /---- , ......._...,<1 ,~~" I I ..:. ~_ ~~ _L_~:~~~:-li-"::-T--n, ~ (" : l<lTlnd-~"od1lI' k :: _______;..-:-.w. _ _ . 'I .. III " ~ LiJ -' <( o I/) ! i i III ~ t ~ V) c Ii ~ ~ i. UI ;;, , ~ ., ~ . lIEn ~ 'Ii j j ~ ~~ i'! "" .. Q II< lal ~ Z = S :f .. .. " 'i B u ~ jj ~ . !~ I~.~ J ~ .. <~ il .. ... = B :;; !!:E ~l j c I:l ... ~ - ,t j "a III - ! I.l ~ ~ J: m ,. "~ C ~ ~ <; '5 III i ~ f i I j i i II ! :i Ii h H I tl U : fi U t 51 II t a Hi 1 f1 1,1lf: ~1 H~Jj! ~~ 1Wtl i~IJ II!Hi~ t f,1hHt!Ui j ~.lfn!l.i Iii i :l~~'e Jllj J ml.!lhi]d t'f'12orhP ~ d~n~iilfJii ~ UfHUUt.I".H ~ ~IJl.f:i:~n1t e w!p~i!nH ~ dhiH/ilHj ~ ,w=~du=U~ ..:'l...."".,.c.t-....::f::::.!::i- :'~ Agenda Item No, 8A February 27,2007 Page 6S of 141 'COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLJERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- APPLICATION FOR PUBLIC HEARING FOR: r--:>l PUP REZONE (PUDZ) ~ PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE I ., ''-',;-'" ". ',' '." . -,''-:''-,'.' ..', - '. .' APPLICANT INFORMATION ...1 ". '" '" ' , : ' ::; ",~: ,"~: ,;', .'. -'. .... " . ~ ",' '.".' , " , NAME OF APPLlCANT(S) -- TOLL BROTHER~,J.bL~_______________________________________ ADDRESS_.2_8341 S. TAMIAMI TR. SUITE 4_CITY_BONITA SPRINGS_ STATE_FL_ZIP_34134_ TELEPHONE #_239-949-2304___CElL # _____________JAX #_239-949-2292___________ E-MA!L ADDRESS:___DTORRES@TOLlBROTHERSINC.CO M _______________________________ NAME OF AGENT WALTER FLUEGEL, AICP. HEIDT & ASSOCIATES. INC. _____________'-____ ADDRESS 3800 COLONIAL BlVD_____CITY_FORT MYERS___ __STATE__FL___ZIP__33912__ TELEPHONE #_239-482-72 7S_____CELL # _________________JAX#__239-482-21 03_____ E- MAl L ADDRESS :____ WF LU EGEL@H EI DTI N C. COM______________________________________ NAME OF AGENT RICHARD YOVANOV~CH, GOODLETTE. COLEMAN & JOHNSON. PA_______ ADDRESS 4001 TAMIAMI TRAIL N. SUITE 300_CITY _NAPLES__STATL_c1___ZIP __34103__ TELEPHONE #_23 9-43'5-3535_____CELL # __________________FAX#__239-43 5-1218_____ E- MAl L AD DRESS:____RYOV ANOVICH@GCJLAW.COM____________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBY1ST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE i REGULATIONS. AppEcMion For Public Hearing For PUD Rezone 6/14/04 Agenda Item No,SA February 27,2001 PuaS€I ~]Of 141 . IJ ASSOCIATIONS 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 _______ ZI P __________ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZI P __________ NAME OF MASTER ASSOCIATION: __________________________________________________ MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______ NAME OF CIVlC ASSOCIATION: _____________________________________________________ MAILING ADDRESS ______-:-___________________ CITY ___________ STATE ____ ZIP _______ Application For Public Hearing For PUD Rezone 6114/04 Disclosure of Interest Information Agenda Item No, SA February 27, 2007 Page 70 of 141 I .~ a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy. list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership _BIC'S INVESTMENT CORP.__________ _3780 N AIRPORT RD.______________ _NAPLES, Fl 34109 ________________ _Deborah Bickle 50% _Robert Bickle 50%__ c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of OwnershIp Application 10m Public Hea,ing For PUD Rezone 61\4/04 Agenda Item No:i3A February 27,2007 d. If the property is In the name of a GENERAL or LIMITED PARTNER~~rp;1 of 141 , 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. Name and Address Percentage of Ownership __Toll Bros. lnc.____________________ __Publicly Traded___ Date of Contract:___9-30-05__ f. jf any contingency clause or contract terms involve additional parties, list aH individuals or officers, if a corporation, partnership, or trust. Name and Address Application For Public Hearing For PUD Rezone 61 I 4J04 g. Date subject property acquired 0 leased 0 Term of lease _________yrs. / mos. Agenda Item No. SA February 27, 2007 Page 72 of 141 ~.I If. Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: _-.:_________________1 or Anticipated closing date __________________ ~ :. h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing. it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Application For Public Hearing For PUD Rezone 6/J4/04 PROPERTY LOCATION Agenda Item No:8A February 27,2007 P,ggA 73 of 141 ,I Detailed lel!al description of tile property covered bv tile application: (If space is inadequate, attach on separate page.) If request Involves change to more than one zoning district, include'separate legal description for property involved in each distrIct. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section {Township/Range __Ql___I__49___I__2S___ Lot: ___NA_______ Block: ___NA_______ Subdivision:________NA________________________________________ Plat Book___NA_____ Page #:____NA_______ Property 1. D .#: _ 0023 5320005 ______________________________________ Metes & Bounds Description: The North Y2 of the South V2 of the SW ~ of the SW 14 of the Section 1. Township 49 South. Range 25 East. Collier County. Florida. less he west 100 feet thereof. previouslv reserved for road rlght-ot-way purposes Size of proper tv: __395.19_3t. X __1351.44 ft. = Total Sq. Ft. _495.486.35 so. ft. Acres 11.34____________ AddresS/2enerallocation of subiect property: 6780 Airport-PulliDl:~ Road N PUD District (LDC 2.03.06): D Residential 0 Community Facilities [g] Commercial D Industrial ADJACENT ZONING AND LAND USE Zoning Land use N__PUD_______ S__PUD_______ L_PUD_______ W__R-Q-W___ LONE OAK RESIDENTIAL COMMUNITY ______________________ WILLOW PARK OFFICE PARK_________________________________ LONE OAK RESIDENTIAL COMMUNITY _______________________ AI RPORT - PU LLI N G ROAD ___________________________________ 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). Application For Public Hearing For PUD Rezone 6114/04 Section/Township/Range _______/_______/ _______ Lot: _________ Block: _______ Subd ivision:___________________________________ Plat Book_____ Page #:______ Property I.D.#:__________________________________ Metes & Bounds Description: _______________________________________________ Agenda Item No, SA February 27, 2007 Page 74 of 141 REZONE REQUEST This application is requesting a rezone from the ____PUD___________ zoning district(s) to the ______PUD_____________ zoning district(s). Present Use of the Property: _Amusement Park________________________________________ Proposed Use (or range of uses) of the property: Multi-Family Residential _________ Original PUD Name: _ Princess Park _____________ Ordinance No.:___84-34___________ 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 consideratton 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 subject property consists of a total of 11.34 :!: acres located within the North Naples Planning Community. The proposed development will consist of up to 133 multi-family and/or townhouse residential units along with the appropriate recreational and open space amenities constructed in one phase. The proposed project is suitable as it is with Urban Residential Subdistrict. The proposed development discourages urban sprawl by providing more urban densities in an area appropriate for such densities. Its location on Airport- Pulling Road, north of Pine Ridge Road, clearly demonstrates it is ideally situated for residential development in close proximity to the various public facilities and services. Utilities are available io the site. The site has existing access to Airport-Pulling Road. The site is generally bordered on the North by Lone Oal< PUD, on the South by Willow Park PUD, on the East by Lone Oak PUD and on the West by Airport-Pulling Road, which all consist of both residential and commercial uses. Thus, the surrounding uses are fully compatible with the proposed project. The applicant is requesting significantly less than the allow-able density, thereby further reducing the Impacts on surrounding public facilities and services. The project is in essence a downzoning from the existing commercial nature of Application For Public Hearing For PUD Rezone 6114!U4 Agenda Item No,''8A the property as an amusement park, and traffic patterns will be considerably frRp.~rI27, 2007 within this corridor. tpage't5 of 141 The property's topograpghy is such that a residential development is appropriate and on site drainage will be enhanced. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 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 appropriate agreements and commitments have been or will be provided within the RPUD document. King Richard's will be a compact and well planned residential community with no commercial components, and is planned to encourage ingenuity, innovation and imagination in the planning, design and development of the project under unified ownership and control as set forth in the Collier County Unified Development Code (UDC). 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The subject property is within the Urban Residential Subdistrict as identified on the Collier County Future Land Use' Map as provided in Objective Urban Mixed Use District - Urban Residential Sub-District, along with the other urban districts in Collier County, is to coordinate land use with the natural environment, including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. The proposed development clearly meets this objective and discourages urban sprawl and specifically meets the policy of encouraging development toward areas more tolerant to development. 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 project development is compatible and complementary to existing and future surrounding land uses as required in Future Land Use Element. The property is surrounded predominantly by existing commercial and residential uses, as indicated above. As such, the residential nature of the RPUD will be compatible with these uses. The developer will provide substantial buffering and landscaping consistent with requirements in the UDC to ensure proper screening of the project from surrounding uses. The project will be developed with a uniform and consistent design theme. Further, the project will be developed in one phase, thus ensuring compatibility and consistency of design. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Application For Public Hearing For PUD Rezone 6/14104 Aoenda Item No, SA ~February 27,2007 Page 76 of 141 The project will be consistent with all Collier county open space requirements. The use of existing natural areas as well as additional open space provided in the form of playground, walkways, trails, buffer areas and green space will be adequate for this project to meet or exceed all County Goals. At least 4,1 acres, or 40 percent of the developable site area, shall be devoted to open space, 6, The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All public and private services and facilities will be available at the time of development. These will all exceed minimum levels of adequacy necessary for the project. Water and sewer service is available to the site. There are no roadway moratoriums in this area affecting transportation systems. Drainage is adequate for the site. Waste management, cable, electric, and telephone services are available to the site. Adequate schools, police, fire, and health care facilities are all within the proposed development's service area. The project will also result in an efficient and economical extension of community facilities and services as required in the Future Land Use Element and promotes the residential infill guidelines of the American Planning Association's Policies on Smart Growth. 7. The ability of the subject property and of surrou nding areas to accommodate expansIon. This property will remain as a residential development with a maximum of 133 units and will therefore not be able to expand without a revision to this PUD. 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 project is in conformance with the Collier County PUD regulations. The proposed density of 11.7 units per acre is less than the maximum density of 15 units per acre permitted by the Density Rating system, and is thus fully consistent with Future Land Use Element. The proposed list of deviations and corresponding narrative justification statement has been included. Deed Restrictions: The County [s legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public heari ng been held on this property within the last year? 0 Yes 0 No If so, what was the nature of that hearing? Appli~ation For Public Hearing For PUD Rezone 6114/04 Agenda Item No, ""SA - - 2007 Page 77 )f 141 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 active Iv pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "c1!?sed" 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 REZONEREQUEST Agenda Item No, SA February 27,2007 Page 78 of 141 APPLICANT INFORMATION NAME OF APPLlCANT(S) _TOLL BROTHERS. INC._______________________________________ ADDRESS_28341 S. TAMIAMI TR. SUITE 4 CITY_BONITA SPRINGS _STATE_FL_ZIP _34134_ TELEPHONE #_239-437-251 L____CELL # ___________________JAX # _239-267-1 211___ E - MAl L AD 0 RESS: __ DTORRES@TOLLBROTHERS1NC. CO M________________________________ ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _6780 AIRPORT RD.. NAPLES, FL. 34109____________________________________________________________________________ LEGAL DESCRIPTION Section/Township/Range __Ql_____/ __49_____1__25_____ Lot: __NA________ Block: __NA________ Su bd ivi s i on :____NA____________________________________________ Plat Book__NA______ Page #:__NA______ Property 1.0.#:_ 00235320005 ___________________________________ Metes & Bounds Description: _See Attached legal Description I TYPE OF SEWAGE DISPOSAL TO BE PRovIlYED (Check applicable system): COUNTY UTILITY SYSTEM ~ a. GTY UTILITY SYSTEM D b. FRANCHISED UTILITY SYSTEM D PROVIDE NAME ____________________________ d. PACKAGE TREATMENT PLANT D (G PD cap aci tyL___________________________ e. SEPTIC SYSTEM D TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM [gj b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME ____________________________ d. PRIVATE SYSTEM (WELL) 0 Application For Public Hearing For PUD Rezone &114/04 STATEMENT OF UTILITY PROVISIONS - page 2 Agenda Item No: SA February 27,2007 Page 79 of 141 TOTAL POPULATION TO BE SERVED: 200 (133 Multi-Familv Units) ________ PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK __86.4 qpm____ AVERAGE DAILY___21.6 gpm___ B. SEWER-PEAK __87.6 qpm____ AVERAGE DAILY ___16.8 gpm___ IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED__12-01-07 ________________ 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 build ing 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 syste ms. 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. Application For Pllblic Hearing For PUD Rezone 6/14/04 /\genda Item No, SA February 27,2007 Page 80 of 141 AFFTD A VlT Well, BIC's Investment Corp. being first duly sworn, depose and say that well am/are the owners 'of the property described llerein 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 Ollr knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this fonn, 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 infonnation has been submitted. As property owner Well further authorize Ton Bros., Inc., Heidt & Associates and Richard Yovanovich to act as our/my representative in any matters regarding this Petition. By: Signature of Property Owner J2pe€-CT :s. ~ \ CJ(. LC:::- Typed or Printed Name of Owner Typed or Printed Name of Owner The ~oregoinfb., instrument was acknowledged before me this -Ll day of ~,. , 200 , by ~<6!'x~+ J, .!S(6,lC Ie , as CJ~_.n-..... of mc's Investment Corp., who is personally known to m~ or has produced as identification. State of Florida County of Collier ~tl) C-~.~~ (Signature of Notary Public - State of Florida) NOTARY PUBUC-STATE OF FLORlDA ~ Karen C. Stevenson Co~mi~sion # Dp467739 Explres. OCT. .4, 2009 Bonded TIuu Atlantic Bonding Co,. Inc. i. r'" c;" f',fr/"() '---, ,;~ \Je/{):5:"-(\ (Print, Type or Stamp Commissioned Name of Notary Public) TMJlP_409337,1 Agenda Item No:'8A February 27, 2007 Page81of141 -I TRA~~IC IMPACT STATEMENT (TIS) . ... 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 followi ng with regard to 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 (AADD Peak Season Daily Traffic Peak Hour (PSDn 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: With i n 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 th is request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items ~isted above (for a Minor TIS, and shall also include an analysis of the folloWing: 1. Intersection Analysis Application For Public Hearing For PUD Rezone 6114/04 2. Background Traffic 3. Futu re Traffic 4. Th rough Traffic 5. Plan ned IProposed Roadway Improvements 6. Proposed Schedu Ie (Phasi n9) of Development Aoenda Item No, 8A -February 27,2007 Page 82 of 141 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: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development lnfluence (ROl) in conformance with the acceptable traffic 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 Assiqnment: 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 ROI. Both annual average and peak seasonal traffic should be depicted. 3. Existinq 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 withi n the RD1. 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 GM P. 5. Radius of Development Influence (RDD: The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 ivilles 50,000 - 99, 999 Sq. Ft. Application For Public Hearing For PUD Rezone 6114/04 3 Miles 100,000 - 199, 999 Sq. Ft. 200,000 - 399,999 Sq. Ft 400,000 & up 4 Miles 5 Miles 5 Miles Agenda Item No,8A February 27, 2007 Page 83 of 141 In describing the RDI the TIS shall provide the measurement in road mires from the proposed project rather than a geometric radius. 6. intersection Analvsis: An intersection analysis is required for all intersections within the ROt where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the ROI 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 res pective 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 within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throuqh 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. !t 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 Phasing: When a project phasing schedule [$ 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 rOT PUD Rezone 6/1<l104 Agenda Item No, SA February 27,2007 Page S4 of 141 PUD REZONE APPLICATION SUBMITIAL 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 ADDRESSI NG CH ECKLlST 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 Com pre he nsive Plann ing Consistency Review == $2,250 Legal AdvertisIng Fees ~ BCe = $363 ~ CCPC:::: $729 Fire Code Review == $150 EIS Review = $1,600 ENVIRONMENTAL lMPACT~H~TATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) J or a req uest for waiver if appropriate. Application For Public He<lring For PUD Rezone 6/14/04 Agenda Item No, '-SA February 27, 2007 Page 85 of 141 AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken 'within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Add itionafly, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07), ' BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted. signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of- way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title. or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the su rveyor 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 8W' x 11" copy of site plan], drawn to a maximu m 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 CepC]; · 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 requlred parking for the disabled], · required yards, open space and preserve areas) Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No, SA February 27,2007 · proposed locations for utilities (as well as location of existing utility ~gqioes>f 141 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. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and/or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.s. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05 .E. Please see attachment for requirements. OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Application For Public Hearing For PUD Rezone 6fl4/04 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: Agenda Item No."'SA February 27,2007 Page 87 of 141 , Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees - -- BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION lS 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 Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the 'meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.02.12.C. Notification shall also be sent to property owners, condominium and CIVIC associations whose members are impacted by the:! proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No, SA b I d 'h' fl' I' , h C F~bruarY[I~3007 must e p ace Wit In a newspaper 0 genera clrcu atlon In t e ounr16~~l141 seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Coltier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant 1s expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Application For Public Hearing For PUD Rezone 6f14/04 " Agenda Item No~ SA February 27,2007 p",,,,,, p,o of 141 SUBMITIAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST /5 TO BE SUBMITTED WITH APPL/CA nON PACKET No. of Copies reauired [2J 24* k8J 24* [:gj 24* k8Jl ~ 24 [g]1 f2J 2* C8Jl* ~4 ~ 5* [g]4 ~7 [g]4 04 [g]4 04 04 01 [g]1 1ZJ2 IZJ Check here if not Completed Application 0 Pre-Application Meeting Notes 0 Legible Conceptual Site Plan 24" X 36" 0 . Conceptual Site Plan 8 ~" X 11" 0 PUD Document and Master Plan D 24" x 36" Master Plan 0 Warranty Deed or Contract for Sale 0 Owner/Agent Affidavit. signed & notarized 0 Envlronmenta! Impact Statement or waiver 0 Aerial Photos with Habitat Areas Identified 0 Utility Provisions Statement with Sketches 0 Traffic Impact Statement or waiver 0 Historical Surveyor waiver 0 Architectural Rendering of Proposed Structures [g] BoundarySurvey, no more than 6 months old(24" x36") 0 Copies of State and/or Federal Permits [ZI Affordable Housing Density Bonus Agreement, if applicablel:8l Electronic Copy of PUD Document & Plans 0 Copy of Letter notifying the U.S. Postal Service of project 0 Addressing Checklist Required Fees .3 -)'-/'06 Date Application For Public Hearing For PUD Rezone 6114/04 Property Appra.isex'~ Parcel Iden1lficarion No, 00235320005 Agenda Item No, SA 2160712 OR: 2296 PG: 199{eb~~~~ i~ ~;~~; lIIaBD b omcw BmtIlI of CllWII COIIft, n. IJIU/n at U:1QI DmIr I, BlOC%, l:UJI sa tsmIl... Be m n." 1IllC-.1O mil." , , ' This lnstrUnle:lU was prepared by and Mr:r Recording Rc:turn 10: M&rk J. Prl{;C. Csqulrc ROETZEL &; ANDRESS A Legal Profcsslonlll Auociation 850 Pari: Shore Drive Napl~. Florida 341m (941) 549-{l200 lIQ: toar.D I mmJ !IS 10m CllWD JU) DJ:C:D Im.8 n 34m Infonmtion abo,,~ this line for r=rdintl data) SPEt.'IAL WARRANTY DEED THIS WARRANTY DEED, made the 7th day of March, 1997, by Westbury Propeni::s. loe,. n Ronda C;CTpOraUon, (.Gra:ntor"), to Sic's Invcstmc:tU COTJXIraUcm. a FiOTirh coI'pOTation, "QIhose post office add= is 6780 Airport Road. Ronda 34109 (.Granlee.): (Wherever used herein, the terms "Grantor' JUJd "Gr.anrec- inc1ude all parties to lbi$ instrutnent and the heirs, legal reprcscmartves md assigns of Individuals, and the su=ors and =igns of corporations) WITNESSETH: That the Gramor. for and In considenUioll of th~ sum of T~ lXlllars (SIO.OO) 3M other valuable considerations, receipt of which is hereby acknowledged. herclry ,grantt, bargains. sens, aH=. remlSCll. releases, convC)'''S and conflrrn.s UntO the Grantee, All that certain land situated ill Colller County, P1oOda. ~ ' SEE EXHlBIT "A' ATTACHED HERETO. MADE Al>ART HEREOF AND lNCORPORATEO HERElN BY THlS REFERENCE.. TOGETHER with aU the lenementS. heredlUlments and appurn:nances thereto be1ons: or in;mywise llppenainlng. TO HA va AND TO HOLD, the same in fee simple forcvr:r. AND, the Gnuuor ~ covenants willi s~c1 Gramee !hat the Gnmror is lawfully ~ of said land in. f~ timple~ that the Grantor hu g~ right and lawful authority to sell and convey said laM; th3l ~hc Grantor he~by warranu the tiUe to :;.aId land l!.tld will defend the same against ~ Ia'lVfW cWms or all persons claiming by, through or under Gramor; and mat said land is free of all c:rJCUmbranecs, e:xoept for,.easements, restrictions. and all other mattet$ of recore4 and talte$ and /l.SSeSSfll.ents fo~ 1996 and subsequent years. IN WITNESS WHEREOF, Gramor has signed and sealed these pre=m the day and y~ first above written. Signed. Sealed and Delivered as to Each Ormtor In the hes.cnce of: ' (!fl,t <trJ?~ WiU1CS.$ No. I gnatW'o Name Primed: ('AIlY~ 1Y14TJp,'tl:.-- /' '\........, P L{ "'^^ Wi~ No~ 2 SlgnAtur~ Name Prinred: .:r~'":U!'f PI! .....'1.... Weswury Properties. Inc.. 11 PlacidA cotpOnuion,,' /" By: :/~ l/l~~ ltSich.acl H. DeGroote, PrCSident PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE ~". ~~,v .v. 4#J~ ,'/~Vl).<<" CJ,J.J'I~ ~OF];I' ,~ nw- bf-, } ss: COUNTY O'F.:f!I"I! Uwt ) t:.;!I,An' PI /' ~ <i I ~ 1Pc forc8oing f~ was acktIowlcdged before me this ~ day of .J./!!.fi:. 1997. by _ 'i1.tl,J ~k. . the '14"'~ '1- or W=stbury Propenies. me.. a Florida corporaUoll. on behalf of pjd corpomion. who H h personally known to me ~.{ 1 prod\1...:cI IL 5 jd~li:I1C8l~. I ./-t. Inw~ tJ^""~;4, (JJt J an, ~ N~ Public: in the~of~ aAIiI fli5 llar.w~~ou "...vi.>..... =. (SEAL) ~UB~/%~h. f24 39ll1'1.),1I.'l'$ Agenda Item No:- SA February 27,2007 \ Page 91 of 141 ~ Agenda Item No. SA ttt OR: 2296 PG: 2000 ff~~~~ 92{ ~t~~; LEGAL DESCRIPTION The Nonh 1/2 of the Sou.th 1/2 of the SW 1/4 of the SW 1/4 of Section 1. "Township 49 South. Range 25 East. Comer County. Florida, less the West 100 feet thereof, previously reserved for road rlghtoQf~way ~. EXHIBIT . A " Agenda Item No, SA February 27, 2007 Page 93 of 141 KING RICHARDS REZONING TRAFroCIMPACTSTATEMENT Project #06531 March 2, 2006 Prepared by: DA vrD PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 ' ~ l\genda Item No, SA February 27,2007 Page 94 of 141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT Introduction The King Richards Property, hereafter referred to as the Project, is an existing amusement park (King Richards Fun Park) in Collier County, Florida. It is located on the east side of Airport~ Pulling Road, approximately 1.1 miles north of Pine Ridge Road, Exhibit 1. This report has been prepared to provide the Traffic Impact Statement (TIS) in support of the rezoning of the Project to residential. This traffic study has been prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies, dated revised November 2003. MethodoJo2:V Per Chapter 6 of Collier County's Procedures and Guidelines for Traffic Impact Studies, when a development generates traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour/peak season, whichever is more restrictive, a fonnal/complete TIS is warranted. The proposed Project's trip generation is 76 trips in the PM peak hour and 818 on a daily basis. Therefore, the Project does not satisfy this warrant. However, a Methodology Outline report titled King Richards Rezoning Traffic Impact Statement Methodology Outline and dated February 1, 2006 was prepared and submitted to Collier County, outlining the traffic analyses that to be provided as part of the TIS (Appendix A). In addition, during the pre-application meeting, which was held' with the County Staff on February 15, 2006, the County Staff requested that a trip generation comparison of the existing amusement park and the proposed Project be included in the TIS. Development Parameters The Project site is an existing amusement park (King Richards Fun Park) of approximately 11.3 acres. The proposed residential Project will include 133 multifamily residential condominium units. The existing and proposed development parameters are summarized below. 1 @B Agenda Item No, 8A February 27, 2007 Page 95 of 141 Development Parameters Land Use ITE LUC(I) Size Existing/Approved Proposed ..Amusement Park Multifamily 480 230 11.3 acres 133 d.u. Footnotes: (I) Based on ITE Trin Generation. Seventh Edition, The anticipated buildout of the Project is the year 2009. Project Access The existing amusement park has direct access onto Airport-Pulling Road via a southbound to eastbound directional median opening, which also allows right-inJright-out movements. There is a separate southbound to eastbound left-tum lane and a separate northbound to eastbound right- tum lane. There will be no change in the access as part of the rezoning application. The proposed Project will continue to have access onto AirpOlt-PU1lillg Road at its existing location. Trip Generation The trip generation associated with the existing and proposed land uses was estimated based on the trip rates (equations) reported in the Institute of Transportation Engineers (ITE) report titled . Trip Generation, Seventh Edition. The complete rTE trip generation calculations are provided in Appendix B. The resultant trip generation estimates for the AM and PM peak hour and on a daily basis are summarized below for both the existing and the proposed uses. Trip Generation Estimates ~ Weekday (1) Multifamily (Proposed Use) Amusement Park (Existing/Approved Use) Difference 11 ~ 54 ~ 65 -1 PM Peak Hour In Out Total Daily 51 25 76 818 27 17 45 856 +24 +8 +31 -38 Land Use AM Peak Hour In Out Total +9 +54 +63 ~ (I) Based on ITE Trill Generation, Seventh Edition. 2 ~ Agenda Item No,.8A February 27,2007 , ,Page 96 of 141 As shown, the proposed Project will generate approximately 76 PM peak hour trips and 818 trip,s on a daily basis. The trip generation associated with the existing/approved amusement park represents a significant portion of the trips associated with the proposed Project. The existing/approved amusement park trip generation in the PM peak hour during the weekday represents approximately 60% of the proposed Project trip generation. However, the proposed Project generates approximately 38 fewer trips (approximately 5%) on a daily basis. In addition, the existing/approved amusement park generates significantly higher trips than the proposed use on a weekend basis. The trip generation estimates for the weekend, on a peak hour and daily basis, are summarized below for both the existing and the proposed uses. Trip Generation Estimates - Vleekend (I) Land Use Peak Hour In Out Total Daily Multifamily (Proposed Use) Amusement Park (Existing/Approved Use) Difference 44 124 -80 37 89 -52 81 213 -132 909 2.036, -1,127 ~ (1) Based on lTE Trip Generation, Seventh Edition, As shown above, the proposed Project generates approximately 132 fewer trips (approximately 260%) during the peak hour and 1,127 fewer trips (approximately 220%) on a daily oasis than the existing/approved amusement park, on a weekend basis. Trip Distribution and Assi211ment The distribution and assignment of the trips generated by Project were assigned to the adjacent roadway network based on the existing traffic counts, area-wide developments, proximity to the Interstate 75, previous traffic studies in the general study area and the anticipated trip distribution. The distribution of the Project trips lS provided m Exhibit 2 and the corresponding trip assigml1ent is provided in Exhibit 3. Roadwav SeemeD t Analyses As identified in the Methodology Outline report, the following roadway segments were analyzed under existing (2005) and the future (2009) traffic conditions. 3 ~ Agenda Item No, 8A February 27, 2007 Page 97 of 141 Roadway Segment From To Airport-Pulling Road Orange Blossom Road Project Entrance Project Entrance Naples Boulevard Existing (2005) Traffic Conditions Existing (2005) traffic conditions for the roadway segments understudy are presented in Exhibit 4. The existing traffic volumes were obtained from the most recent Collier County Concurrency Segments spread sheet (January 2006). Those volumes include the additional approved trips (Trip Bank). As shown in Exhibit 4, the study area roadway segments operate at LOS "C", better than the County adopted minimum LOS standard. Future (2009) Traffic Conditions The existing traffic volumes were projected to future year (2009) based on the historic traffic counts from the Collier County 2004 Average Daily Traffic report, ApIil 2005. The future (2009) traffic conditions are presented in Exhibit 5. The historic growth rate was applied to the existing Concurrency Volumes, including the Trip Bank, to derive the future background traffic volumes, Since some of the future development (The Trip Bank) is already included in the existing Concurrency Volumes, DPA believes that applying the growth rate to the, Concurrency Volumes rcsults in an over estimate of the future traffic volumes. However, no adjustments were made to reduce the background traffic. The peak hour, peak direction Project trips (Exhibit 4) were added to the projected future . background trafficyolumes to derive the total future (2009) traffic volumes, Exhibit 5. As shown in Exhibit 5, the roadway segments under study operate better than the County adopted minimum LOS standard, coincident with the buildout of the Project. SI gnificant Impact Collier County's significant impact on roadway segments is defined as the Project traffic meeting or exceeding the 3% ~ 3% - 5% thresholds of the Collier County's adopted Level of Service (LOS) standard service volume. This refers to 3% on the immediate link to which the Project has access, 3% on the next link in each direction and 5% on all other links. 4 M Agenda Item No,.SA February 27, 2007 Page 9S of 141 As shown in Exhibit 5, the Project traffic represents less than one (1) percent of the County adopted LOS standard service volume, Therefore, the Project does not have a significant impact on any of the roadway segments under study. Intersection Analysis Intersection tuming movement counts were conducted at the Airport-Pulling Road/Project Entrance on February 22. 2006, Appendix C. Turning movement percentages from the existing traffic counts, Project trip assigmnent and the future (2009) segment volumes were used to derive the future intersection turning volumes, coincident with the Project buildout, Exhibit 6. Intersection capacity analysis was performed consistent with the 2000 Highway Capacity Manual (HCM)lHighway Capacity Software (HCS) methodologies. However, RCS analysis for unsignalized intersections is limited to 2-lanes per leg. Airport-Pulling Road is a six-lane divided roadway. Therefore, Intersection Capacity Utilization (ICU) from Synchro 6 was used in establishing the intersection LOS. An acceptable lCU level of service insures that the HCM level of service is met. The capacity analysis for the Project Entrance onto Airport-Pulling Road is summarized below. ' Intersection Capacity Analysis (I) Intersection Peak Hour LOS Airport-Pulling Road/Project Entrance C , Footnotes: (1) Based Synchro Imlerseclion Capacity Utilizalion (leU) report (please see Appendix D), As shown ahove, the Airport-Pulling Road/Project Entrance intersection operates at or better than the County adopted minimum LOS standard. Synchro's ICU report is provided as part of Appendix D. Conclusions The conclusions from the traffic study are summarized below. . The proposed Project generates less than 100 peak hour trips and less than 1,000 daily trips. Therefore, per the Collier County's Procedures and Guidelines for Traffic Impact Studies, no formal/complete Traffic Impact Statement is warranted. . The proposed Project will generate approximately 76 PM peak hour trips and 818 trips on a daily basis. 5 ~ Agenda Item No, SA February 27, 2007 Page 99 of 141 . The existing/approved amusement park trip generation during the weekday PM peak hour represents approximately 60% of the proposed Project's trip generation. However, the proposed Project generates approximately 38 fewer trips (approximately 5%) on a daily basis than the existing/approved amusement park. . The existing/approved amusement park generates significantly higher trips than the proposed use on a weekend basis. The proposed Project generates approximately 132 fewer trips (approximately 260%) during the peak hour and 1,127 fewer trips (approximately 220%) on a daily basis than the existing/approved amusement park, on a weekend basis. . Project traffic represents less than one (1) percent of the adopted Level of Service (LOS) 'standard service volume and, therefore, does not have a significant impact on the roadway segments directly accessed by the Project. . Airport-Pulling Road, in the vicinity of the Project, is anticipated to operate at or better than the County adopted minimum LOS standard) coincident with the buildout of the Proj ect. . The Airport-Pulling Road/Project Entrance intersection is anticipated to operate at or better than the County adopted minimum LOS standard, coincident with the buildout of the Project. 6 ~ Agenda Item No, 8A February 27, 2007 ~age I .:".r<t~~ . ' ,(" 'Y;.~'lff,,~ .. ~:fi~~~:-" '~l, -":';;~"C}\'l,: I \l,,~~"t'~<;" T ' ~ltl";L'~ "~t.:--":'7>~" ,.ilitj-:~~~,~r ;,;f','- ": '~'-".\ l';~' '~~~_ '<' (t~~j,g,,,7 ~~\rJl~~~~~,:'"JC,)(.1;'-::~iit':':!':~:::-r" l~<l1:\~ J:t~lr~ ::'.J~'\ ('1"" ~'~:\~}-. .Xl/I. 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Webalte. 06531/0"'1'0206 @E3 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT PROJECT LOCATION MAP @E3 i 0 /Iti I <( N.r.s, 0 0::: C) Z -.J -.J :::J 0.. I I- 0::: 0 Cl. ,-.,. 0::: ~ <( 0 <0 ........ '-' ~ ~ 0 0 0 'V .- .......... ,-.,. ~L ~ 0 1(100%) <D (1 00%) .......... PROJECT ~I 100% ENTRANCE KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT ,-.,. ~ ~ o 0 t.O t.O .......... PROJECT TRIP ASSIGNMENT LEGEN D XX% - Inbound (XX%) , - Outbound 06531/0'lAj0206 2 ~ '""' It) t') '--" to t') o <{ o 0:::. (!) z :J .-J ::::::l 0... I t- o:::. o 0... 0:= <{ il Agenda Item No.> 8A ~, ,'17 007 Page 102 of ~ t """ J N.r.s. .-.. L{) ~L ..- '--' 154(25) "" 54(25 ) n PROJECT 1~1 11 (51 ) ENTRANCE KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT '""' L() ..--.. ..- f'0 '--' r--. ..-- '--' N t') In Out Total PROJECT TRIP ASSIGNMENT PROJECT TRIPS AM Peak 11 56 65 PM Peak (51 ) @L (76) 06531/03A!0206 3 <t:1'--..- ,.roo'<:t 8 0..- '\1__ 0 -0 ~ ('-. 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J [D ~ '" '" 11 s:! t. ~ N .. ~ ';!; - '" 't> " UJ W . 0 ~ S en " g 1 'I I: II .; i ~ ~ i ~ lil iii ~ ~ ~ I :i 1: ... : , l t 1 " " II ... ~ ~ ~ < 1 ~ ~ i >= ~ ~ II to J! H c ~ ;; ~ ~ ~ " .!l .; ~ 'l! ~ .!! I t N ,[ I. ~ ! i ~ i 0 . Cl. ~ " I- 0 " " " " ~ ~ f ~ ~ ri ~ II . ~ I v I I iI III 0 I, " ~ ~ ~ 'Il i. E z " " Sit:!,; ~ ~ II !12 ~ 2 Ii j '" ... l- 0 t- ~ i ~ t ! \!l (J U II !: !:l ll! u.. 0 " ~ j ; ~" ~ " 1 v B en ~ " ~ I & I " i 'l! ~ ,!; , i I . l!l I ~ ~ I J j ! Q - ~ I ! Cl: g . I :! c> a:: it~~~~:i U) ~~ J t: !:! w 0 ?( II II r !l ~ II !; Cl: Cl: ::: :: H " e Cl ::l :.: " llli II ! j ~ :r: ~ ~ ~ ~ .. U ~ di :i rI :l: 1 ~ :.: ll. ~ c: I! - - - - . .. :::. g ~ ~ @: te- I ~ ~ ~L g~ ~ ~ ~I~I 300 40 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT o ..... o N Cl <:( o n:::: o z :J .-l ::::) Cl... I ~ o Cl... n:::: <C ..... ..- CO N 125 25 51 ~I ,.... I"") 0) N Agenda Item No, 8A February 2}, ?007 ~ I N.r... PROJECT ENTRANCE 06531j04Aj0306 FUTURE (2009) PEAK HOUR TRAFFIC VOLUMES 6 Agenda Item No..8A February 27,2007 Page 106 of 141 APPENDIX A METHODOLOGY REPORT @a Agenda Item No. 8A February 27, 2007 Page107of141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT Project #06531 February 1, 2006 . Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 ~ Agenda Item No: 8A February 27,2007 Page 108 of 141 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT METHODOLOGY OUTLINE . Introduction The King Richards Property, hereafter referred to as the Project, is an existing amusement park (King Richards Fun Park) of approximately 11.3 acres. It is located on the east side of Airport- Pulling Road, approximately 1.1 miles north of Pine Ridge Road in Collier County, Exhibit 1. This report has been prepared to outline the methodology for preparing the Traffic Impact Statement (TIS) in support oftbe rezoning of the Project to residential. The traffic study will be prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies dated revised November 2003. Development Parameters Tbe Proj eet site is an existing amusement park (King Richard Fun Park) of approximately 11.3 acres. The proposed residential Project will include 133 multifamily residential condominium units. Development Parameters Land Use ITE LUC(l) Size Multifamily 230 133 d.u. Footnotes; (1) Based on ITE Trip Generation, Seventh Edition. The anticipated buildout of the Proj ect is year 2009. Proiect Access The existing Fun Park has direct access onto Airport-Pulling Road via a southbound to eastbound directional median opening, which also allows right-inJright-out movements. There is a separate southbound to eastbound left-turn lane and a separate northbound to eastbound right-turn Jane. There will be no change in the access and the proposed Project is expected to utilize the existing access. 1 @ea] Agenda Item No. SA February 27, 2007 Page109of141 Methodolo2V The traffic study will be prepared consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies dated revised November 2003. Per Chapter 6 of that document, when a development generates traffic volumes in excess of 1)000 ADT (average daily trips) or 100 vehicles per hour/peak season, whichever is more restrictive, a formal/complete TIS is warranted. The proposed Project's trip generation is 76 trips in the PM peak hour and 818 on a daily basis. Therefore, the Project does not satisfy this warrant. However, the following information will be provided in the' TIS. Trip Generation The trip generation for the proposed Project will be estimated based on the ITE Trip Generation, Seventh Edition, for the PM peak hour and on a daily basis. The estimated Project trips will be assigned to the adjacent roadway network based on the anticipated trip distribution. Roadway Segment Analysis The TIS will analyze the roadway conditions for existing (2005) conditions and the future (2009) conditions at Project buildout. The analysis will include the following roadway segments. Roadwav Segment From To Airport-Pulling Road Orange Blossom Road Project Entrance. Project Entrance Naples Boulevard The list of roadway segments under study may be expanded based on the significant impact criteria. Significant impact will be based on the Project traffic meeting or exceeding the 3% . 3% - 5% thresholds of the Collier ,County's adopted Level of S~rvice (LOS) standard service volume. This refers to 3% on the immediate link to which the Project has access, 3% on the next link in each direction and 5% on all other links. lntersection Analysis The TIS will analyze the future (2009) PM peak hour conditions for the following intersections. - Airport-Pulling RoadfProject Entrance 2 @E] Agenda Item No."SA February 27,2007 Page 110 of 141 The Collier County traffic count report, AUIR volumes, concurrency volumes and service volumes will be used in analyzing the roadway segments and intersections. Report .The TIS will be presented In a report form. All traffic counts and calculations will be documented. 3 ~ Agenda Item No. 8A February 27, 2007 ( ~ I N.T.B, SOURCE: Collier County Property Apprar.,r', W,b,lt.. @E3 KING RICHARDS REZONING TRAFFIC IMPACT STATEMENT PROJECT LOCATION MAP 06531/01A/0206 Agenda Item No. 8A February 27, 2007 Page 112of141 APPENDIX B ITE TRIP GENERATION. SEVENTH EDITION @B Summary of Trip Generation Calculation For 11.3 Acres of Amusement Park February 21, 2006 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 75.76 0.00 1.00 856 7-9 AM Peak Hour Enter 0.18 0.00 1. 00 2 7-9 AM Peak Hour Exit 0.03 0.00 1. 00 0 7-9 AM Peak Hour Total 0.21 0.00 1. 00 2 4-6 PM Peak Hour Enter 2.41 0.00 1.00 27 4-6 PM Peak Hour Exit 1. 54 0.00 1. 00 17 4-6 PM Peak Hour Total 3.95 0.00 1. 00 45 Saturday 2-Way Volume 180.20 0.00 1. 00 2036 Saturday Peak Hour Enter 10.94 0.00 1.00 124 Saturday Peak Hour Exit 7.92 0.00 1. 00 89 Saturday Peak Hour Total 18.86 0.00 1. 00 213 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Agenda Item No. 8A February 27, 2007 Page113of141 Summary of Trip Generation Calculation For 133 Dwelling Units of Residential Condominium / Townhouse February 21, 2006 Avg. Weekday 2-Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6.PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Average Rate Standard Deviation Driveway Volume Adjustment Factor 6.15 0.00 1.00 0.08 0.40 0.49 0.00 0.00 0.00 1.00 1.00 1. 00 1. 00 1. 00 1. 00 0.38 0.19 0.57 0.00 0.00 0.00 6.84 0.00 1. 00 0.33 0.28 0.61 0.00 0.00 0.00 1. 00 1. 00 1. 00 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: LN(T) LN(T) R"2 = LN(T) R"2 = LN(T) = R^2 T = R^2 T = T = R"2 T = T = R"2 .B5LN(X) + 2.55, R^2 . 8 LN (X) + . 2 6 0.76, 0.17 Enter, 0.83 Exit . 82LN (X) + .32 O.B, 0.67 Enter, 0.33 Exit .8 2LN (X) + .17 0.8, 0.18 Enter, 0.82 Exit .34(X) + 38.31 0.83, 0.64 Enter, 0.36 Exit 3.62(X) + 427.93, R"2 0.84 .29{X) + 42.63 0.84, 0.54 Enter, 0.46 Exit 3.13(X) + 357.26, R^2 = 0.B8 .23(X) + 50.01 0.78 0.49 Enter, 0.51 Exit 0.83 818 11 54 65 51 25 76 909 44 37 81 Source: Institute of Transportation Engineers ~rip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Agenda Item No.- 8A February 27, 2007 Page114of141 APPENDIX C INTERSECTION TURNING MOVEMENT COUNTS Agenda Item No. SA February 27,2007 Page115of141 @E). } u:: ~ C"') I.() (0 a =1:1: .c o ..., TRAFFIC COUNT ADJUSTMENT FACTORS Project name: King Richard's Rezoning Job number: 06531 Count location: Airport-Pulling Road @ King Richards Entrance County: COLLIER City: NAPLES Date: 2/22/06 Day of week: Wednesday COLLIER COUNTY ADJUSTMENT FACTOR Traffic count report: 2004 Countywide Factor: Countywide Week of count MDT: 0.85 AADT to peak season 0.88 Factor = 1 X 0.93 + 0.88 = 0.97. Agenda Item No. 8A February 27, 2007 Page 116 of 141 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. 8A February 27, 2007 Page 117 of 141 LOCATION' Airport Pulling Road @ King Richards Entrance CITY' NAPLES . COUNTY: COLLIER DATE: 2/22/06 WEATHER: GOOD ROAD CONDITION GOOD TIME NORTHBOUND SOUTH80UND EASTBOU ND WESTBOUND BEGIN END L T R Total L T R Total L T R Total L T R Total 07:00 AM 07:15 AM 5 192 0 197 18 583 2 603 0 0 43 43 0 0 0 0 07:15AM 07:30 AM 16 263 0 279 2 515 0 517 0 0 55 55 0 0 1 1 07:30 AM 07:45 AM 11 275 0 286 5 441 2 448 0 0 53 53 0 0 0 0 07:45 AM 08:00 AM 20 305 3 328 2 561 5 568 0 0 47 47 0 0 1 1 08:00 AM 08:15 AM 17 309 0 326 4 462 6 472 0 0 33 33 0 0 0 0 08: 15 AM 08:30 AM 20 341 1 362 8 415 1 424 0 0 25 25 0 0 0 0 08: 30 AM 08:45 AM 18 315 0 333 101 435 3 448 0 0 19 19 0 0 0 0 08:45 AM 09:00 AM 17 303 0 320 61 447 2 455 0 0 22 22 0 0 0 0 09:00 AM 09: 15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:15AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:30 AM 09:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:45 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM 10:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10: 1 5 AM 10:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30 AM 10:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:45 AM 11 : 00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 ;00 AM 11 :15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 1 UO AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ....11 :30 AM 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:45AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 01:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :00 PM 01:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:15PM 01:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :30 PM 01 :45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 01:45 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 PM 02:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:15 PM 02:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:30 PM 02:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:15 PM 03:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:30 PM 03:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:45 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04:00 PM 04:15 PM 26 434 0 460 11 314 25 350 0 0 10 10 0 0 1 1 04:15 PM 04:30 PM 29 456 0 485 15 309 34 358 0 0 8 8 0 0 0 0 04:3Q PM 04:45 PM 21 515 1 537 16 332 51 399 0 0 5 5 0 0 0 0 04:45 PM 05:00 PM 33 546 0 579 12 313 46 371 0 0 12 12 0 0 0 0 05:00 PM 05:15 PM 36 486 0 522 10 305 48 363 0 0 9 9 0 0 0 0 05:15 PM 05:30 PM 31 463 2 496 15 286 37 338 0 0 7 7 0 0 1 1 05:30 PM 05:45 PM 28 458 0 486 9 274 31 314 0 0 6 6 0 0 1 1 05:45 PM 06:00 PM 24 443 0 467 8 234 27 269 0 0 11 11 Q 0 0 0 -~ DAVID PLUMMER & ASSOCIATES HOURLY SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. SA February 27,2007 Page 118 of 141 )CA TI ON: OUNTY : Airport-Pulling Road @ King Richards Entrance COLLIER CITY: DATE: NAPLES TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND =GIN END L T R Total L T R Total L T R Total L T R Total ':00 AM OB:OO AM 52 1035 3 1090 27 2100 9 2136 0 0 198 198 0 0 2 2 1:00AM 09:00 AM 72 1268 1 1341 28 1759 12 1799 0 0 99 99 0 0 0 0 1:00AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l:ODAM 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :DOAM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !:DD PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :00 PM 02: DO PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~:OD PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 .:00 PM 05:00 PM 109 1951 1 2061 54 1268 156 1478 0 0 35 35 0 0 1 1 ;:00 PM 06:00 PM 119 1850 2 1971 42 1099 143 1284 0 0 33 33 0 0 2 2 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND :GIN END L T R Total L T R Total L T R Total L T R Total 11 PEAK :00 AM I 08:00 AM 52 1035 3 1090 27 2100 9 2136 0 0 198 198 0 0 2 2 AK HOUR FACTOR 0.83 0.89 0.90 0,50 DDAY PEAK :00 AM r 12:00 AM #N/A 0 0 o ### 0 0 o #N/A 0 0 o #N/A 0 0 0 AK HOUR FACTOR 0.00 0.00 0.00 0.00 , PEAK :15 PM '05:15 PM 119 2003 1 2123 53 1259 179 1491 0 0 34 34 0 0 0 0 AK HOUR FACTOR 0,92 0,93 0,71 #N/A ~. leA nON: ICOUNTY : AM Peak Hour PM Peak Hour 54 ... TRUCK % NB = 7 % SB= 9 %. EB = 0 % WB= 0 % FDOT/DPA RAW TURNING MOVEMENT DIAGRAM Airport-Pulling Road @ King Richards Entrance COLLIER CITY: DATE: t .- 61 2136 9 2100 27 1037 ~ + L. ~~ L 2 198 0 0 2 ---. +- 198 0 .. I ~ .r t -.. 52 1035 3 30 --- 2298 1090 + o o 0 o Agenda Item No. 8A February 27, 2007 Page 119 of 141 NAPLES #### t N TRUCK % NB= 12 % SB= 4 % EB= 0 % ws= 0 % N FDOT/DPA ADJUSTED TURNING MOVMEMENT DIAGRAM Agenda Item No.,8A February 27,2007 Page 120 of 141 :)CATION: OUNTY : Airport-Pulling Road @ King Richards Entrance COLLIER ADJUSTMENT FACTOR: 0,97 REPORT: 2004 COUNTYWIDE .M Peak Hour - Adjusted 67% t 2063 1002 ..- 59 9 2028 26 33% --- 24% ..-J + L.- a --1 L 2 76% 191 0 ~ ~ 0 -- 191 ~ r 0 J10t I 3 29 --- 94% 68% 2219 1053 + 32% t N 2 6% ~ M Peak Hour - Adjusted t t 43% 1440 173 1216 51 1935 .- 288 57% N 90% ~ ~ ~ o-.t 10% 33 0 --~ 33 -. L o o 0% o o +- t 1ir 115 1935 1 52 #### ~ 38% 1249 2051 ~ 62% Agenda Item No. 8A February 27,2007 Page 121 of 141 ~ APPENDIX D INTERSECTION CAPACITY ANALYSIS ., ~ I ntersection Capacity Utilization ~ Agenda Item No. '8A February 27,2007 Page 122 of 141 Baseline Timing Plan: Defa~lt - -+ "'y f' +- '- ~ t I" lj. '. + . .~~. ". "~. .... .., "l;I,..'f ".+ .'" "."". ' ."'. ."+.'.' "'.... .m..H.w'...... ._n.' .-.. ..... -....._~~. ...---. rr->...--..-.--..."..' nm-; pt.!!::. '. '-'... 'HI1Y.i.~.-i.'fr-;. .~... .."....;CO'.s. ..'IS.""""-..-- -.n.ir....".... ..m. '...w... .."".., . N'lOyemeli~:~~-;](-l;:::'~:;1~~,};dr~;\I~.:EBC:tt\l~.E~;:vX~\'.E8.R~!W.~6t;;1&;:VVaT!-.~..v.....cr:;,,~,~;~fN c~ii;,~;;.l~ciJ.~~:,r~ cnj';~'Sa.IJ,;i;j~1:SB ~~:w']Stl.. Lane Configurations '(I. '(l ~ +tt ~ ~ ttt Volume (vph) 0<:..< 4'0~' · f O::~ d"; 25 .120'. 27~~, ~~. '~p:jY 29.>. H'BO Pedestrians Ped Button Pedestrian Timing (5) Free Right . ? ~.' No', No Nd Ideal Flow 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lost Time {s)4.0:.. 4.Q:.4,O.,d4.O: 4.0. 4.0 Ao. 4.0 4.0 4,0' 4.0 4..0 Minimum Green (5) 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4,0 4,0 4.0 4.0 4.0 Refr Cycie Length (s)'.120:'~: '->.; ~;::t::': . .... , .;~\~ ' ;'.. . ;::n Volume Combined (vph) 0 0 40 0 0 25 120 2786 31 0 70 1760 Lane Utilization Factor 1 Jbcf';; 1:00 ):{1rbO <~1.00;\t.oo .;..,1,00' 1..00" 0,91" . 1.00 1.00: i.pO 0.,91 Turning Factor (vph) 0.95 1.00 0.85 0,95 1.00 0.85 0.95 1.00 0.85 0,95 0.95 1.00 Saturated Flow {vph)':q~:W~. 0'. O,.t~.1~F. f Q :W515; 18050. 5:.176. 1615 ,: 0 f~;~o'5 ~F6 Ped Intf Time (5) . .'0.0 . . 0,0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 Pedestrian FrequencY (%)\!,::{:.O.OO -}:\,:::'.;:';':,~t;,';?b.oo:::>)~') ') \, Cl.od 'i:;';t. i~~~~' 0.00 Protected Option Allowed Yes Yes Yes Yes Reference Time (s). · ".T~:0~;':'~p.O.'::;;i..~JJ;;L'!49.0; ::,:J. O.O.~.:J.9,/:>:.. 8.0,y. ~4.q: i;;i~~?;3:~F;~,;'::b,o\kl;j~.4. 7. :t'AO.8 Adj Reference Time (s) 0.0 0,0 8.0 0.0 0.0 8.0 12,0 68.6 8.0 0.0 8.7 44,8 Permi~ted Option i'J , ::,:-,;l~H"t)':3::,;t/.,:~(!;. :~...:',:<:;');::;; i ,,' .tJ/.~{(.'::;i~~)il~.... ~f!'" . t, . . .. Adj Saturation A (vph) 0 0 0 0 120 1725 0 120 1725 Reference Time A (sy. ::3(.'O'-0:;,>[.0.O);;;;:.'.;~~:~i::;;';9.o.-~ 9:..0 . 9.?;._.'64.6. d\~j:;~~~i,:.Q:o .E?~.8 ::40,~ Adj Saturation B (vph'" '0'. .., 0 0 0 NA NA NA NA NA Reference Time 13 (sr~::,}:rp:o;7;\.().o " '0.0",'-;3\. ,.NA,' ; NA .;:'2J~~j~:.~~ H& 1:?( NA Reference Time (s) 0.0 0.0 119.7 69,8 Ad] Reference Time (sF::U::;;:';'!.T'~ 8.0:~\.::.:':> >:<'~.', ~',F 8.0.. <:,~<,;j\;'<:;~:(";: 123.7. :',rf;(~:;\;J:';K~~'.. <..\S~; .,;:0;;:73:8 Split Option Ref Time Combfned (sli'/j:;'P.oo/;;L:o.(),; Ref Time Seperate (s) 0.0 0.0 . Reference Tlme (s). :'f;~o,O;;;:~;;,O,Q Adj Reference Time (s) 0.0 0.0 _ O:O'j~;';~:p.0._:','0'tf,>:.:B.O~':; .p4.a .. 0.0 0.0 8.0 64.6 :z-:;Id,:O,O O. OJ~~~Y;~~iJ~.~~64, e:;~t .64. ~ 0,0 0.0 68.6 68.6 ,0',0. :S:~";~'.7r40,.8 3.3 1.3 40.8 :;.:,~40.8 40.8 .040.8 ,;~-.: .. . '. "', ,..-. 44.8 44.8 44.8 Protected Option (s) permitted Option (s): Split Option (s) Minimum (s) 0.0 :~) 8.0 0.0 , 0,0 77.2 123,7 113.4 77.2. .' 71,2 . Adj Reference Time (s) .. .. 8.0 8,0 Cross Thru Ref Time (5) 44.8 77.2 Oncoming Left R.~fTrme(~FL:;:':!"::~; G.O . 0.0 Combined (5) 52.8 85.2 8.0 17.4 0.0 0.0 8,7 12.0 "" .:1' . ~~!: '16.7 29.4 rnfe)::$eCtlorr;~U'ffimaiYiH~s.:~1~~!~f\tli;.~;tf;'trg~,iiiE;~Mg(:*~?r,1~~;\~~;~r~~,;~~~~~t-'&~\o]ft:;:i~'i1.~~J~~~1Sj;iiff,iF~?~ft~!;i~t$.i,}~311;~SfJ;.~ft~j~I~j~!!'t::i Intersection Capacity Utilization 71.0% leU Level of Service C Reference Times and Phasing Options do not represent an optimized timing plan, David Plummer & Associates 3/1/2006 Page 1 Agenda Item No. 8A February 27,2007 Page 123of141 Baseline Timing Plan: Default -Intersection Capacity Utilization .,,; L"~Configurations VoliJme.(vph}. :. . .:' Pedestrians Pad, Button. .. Pedestrian Timing (s) Free Right . Ideal Flow Lost Time (s) Minimum Green (5) Refr CyCle Length (5) Volume Combined (vph) 180 Lane Utilizatlc;)r'\Factor .'. tob' Turning Factor (vph) 0.85 Erat~.rated F'o'f; (vp-h)~ .' "1 ~ ~ 5 "~!\tf ~~~\~~;iI~~:r:::~"~ F~lk':~:,:)' ':~~U;~:~~t~~[,;:~~t(tt~~~:~~:\~!:~f3~\;:,'; ~.'~~~i~~~,~f~~" :-.:(~~ Ped Intf Time (s) 0.0 Pedestrian Frequency (%'r'<'; Protected Option Allowed ~e.fere[lce Time (5) .' Ad] Reference Time (5) permitted Option Adj Saturation A (vph) Reference rifne A (s) Adj Saturation B (vph l- .-~eference.Tlrrie B (s) Reference Time (5) Ad] Reference Time ~sf.OC . Split Option .RefTime Separate (S)..,.... '.'. /...... ..n...'" .N,. . .W.. u....,. -". . ...." ..,. ~efererice Time "( s)" :-~'\/~~'~~'~~:fu~~\~;~11ji~r~:'~~l~r [if~t~1f~t:t:!;',~~~~~~~: Adj Reference Time ." :180 .' :....". \,!. .'.;~. ~;1 ::~~pr~~}.' N'o' 1900 " 4.0'~.'. 4.0 . . ,.~. ~~:~I .?1.' .. }~: I.. :. ",~~ti:r:;~'i., .';f ~:'~' )~~(',';;-:::;,!', <':~/~~~;~ ~~~~:'ig:G~~!~,~~~'~~'~~:~:.\~ ,~...", . '".'. .,;:':--. ",':~ . ; _~'.lo.; '. . ':' '. ;'~"~":r' -" ,~ '. ..-fJt';f~J~~~~~f~~r.~~~t~; , :~~f,!~t~~~~~:'FH~~: (a;("')~~~{'f.~::~t~[f:;~~~~~9.~~~.:~:..~f'~,?y~~~~<v:(~Z::*~J.~!?{.r:.~~~\::;:,:,;, ~:'.'~'~~ e:. {~.;~~:~?\~~~: ?:'~~;~~~(1~;~<' ..~~~~.. ;'.- .;~~#~~~~~. ~ttt~~',:~ : ",'.. 1 ~ ,4:, ~~1~~~~.:~~~,{]~~1t:~~~\{~~~f1t~{;: ~~~~i'~ ~~~t~t;.;:.~il.~:.~tt"~:I;,:;,~~,~~'i}X~W~~:i, ':"l~ ~ :'~:; ~ .~~~~~~t~~5~~f . 17.4 ~.' 'c; J' .\.' ':". ~~; . ./..~.:~ !y", '"y'. P;:~~~~!f~f.~~"r';;~~.';"f~;~:~xl~' ~i~~(:~~~f~'.~;~ ;. .fJ7.:~;: ~"~;;~jij~~i~ '~'.~A~~;~f:~f.~.;~:~~ .~;:~~lf )d~tt~~:'.:~,A '.: .'~~~~'~!.~< '. ',~ ,{f~::.~ . . f. . -, : It:~y :: .: ~~~.I~t~~1:~1(~~~::f;~ ~Flt.%i~~ft~:'.);~[~~rj~';~~.:~~~~~:~~6~,~.I.kf]t; !-~~d~;~::~'~~~~~'~?~I~i~t)~~?~:~~J . ~~~{li'. . . .,:":.; '~~~?i 'j' igfi1~.i~: .' ;~:\::;:v;~ i7~? ~~:(~~\~t3-' ..'~:!i~?:~~:~\'!: ':;', ',E'~f;~~~~:I(Yff~~~7"}~~/:'~,~~':.::'. ,"~ : :.:~~~:..-: ;.\~:'~/:~~:\~'~:~\ ...:~::?I,;.~wrr!~ ~ ',,~.; i:: ':'~"?}::'; ~:;':."g~~~'~~t~.,.~. ;':;".~ '''v '!;<Y. r:t':__l David Plummer & Associates 3/1/2006 Page 2 Agenda Item No. SA February 27, 2007 Page 124 of 141 ^ .r " .. Agenda Item No. 8A February 27, 2007 Page 125 of 141 PUDZ-A-2006-AR-9403 PROJECT #19990948 DA TE: 3/28/06 MELISSA ZONE COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: King Richard's RPUD LOCATION:(Common Description) 6780 Airport-Pulling Road N. Located North of Pine Ridge Road, South of Vanderbilt Road on the East Side of Air- Port Pulling Road. SUMMARY OF W AlVER REQUEST: We would like to request a historical waiver for the property identified by Folio No. 0023532005. This site has been previously cleared and is currently developed as an amusement park. (Properties located within an area 0 f Historica 1 and Archaeological Probability but wi th a low potential for historical/archaeological sites may petition the Community DevelQpment & Envlronmelltal Services Administrator or bis designee to waive {he requirement for a Historical! Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that ihe area has low potential for historic.aJ/archaeologicaI sites,) H i '~!.ll'l~-. POl r:.O:;I.1'~- ~I! i.~,"!I~F",'I\ n',~;.- ! 1 . ~()':f j.l. .. Agenda Item No. 8A February 27,2007 Page 126 of 141 , SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Toll Brothers, Inc. (Contract Purchaser) Mailing Address: 28341 S. Tamiami TraiL Suite 4, Bonita Springs, FL 34134 Phone: (239) 949-2304 FAX: (239) 949-2292 B. Name ofagent(s) for applicant, if any: Walter Fluegel, AICP, Heidt & Associates, Inc. Mailing Address: 3800 Colonial Blvd. Pt. Myers, FL 33912 Phone: (239 ) 482-7275 FAX: ( 239) 482-2103 C. Name of agent(s) for applicant, if any: Richard Yovanovich - Goodlette, Coleman & Jolmson, PA. Mailing Address: 4001 Tamiami Trail N, Suite 300 Naples, FL 34103 Phone: (239 ) 482-7275 FAX: (239) 482-2103 D. Name ofowner(s) of property: Bre's Investment Corporation Mailing Address: 6780 N. Airport Road. Naples, FL 34109 Phone: ( ) FAX: Hi.:.tcHI(' !,>1'~''',,-1';1[11'~Il'Fll' !"~;;,': 1. ~_iJ:'~!--.;. 2 Agenda Item No. 8A February 27,2007 Page 127 of 141 Note: lfl1arnes in answers to A and/or B are different thanl1ame in C, notarized letter(s) of authorization from property owner (C) mLlst be attached. SECTION T'VO: SUBJECT PROPERTY DATA (Aitach copy of the plat book page (obtainable from Clerk's Office at tbe original scale) with subject property dearJy marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County, Subdivision Name: NA Plat Book NA Page NA Unit NA Block NA Lot NA~ Section 01 Township 49 Range 25 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has tbe right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Area: _495,486.35 square feet, or 11.34 acres Width along roadway: 394.77' Depth: 1352.56' C. Present use of property: Amusement Park D. Present zoning classification: POO Plincess Park Hi,;",v'H't-:'l}"'-''-'.:f,,~'[i~.;: J.-.;-:-~,. !'.:.l).~q 3 Agenda Item No. 8A February 27, 2007 Page 128 of 141 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on tbe site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator rnay seck counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Developed Site - King Richard's Fun Park 2. Historical Land Use Description: Amusement Park, less than 20 Years old and of no historic genre. 3. Land, cover, formation and vegetation description: The subject site has been developed, improved and cleared; cunently there is no existing native vegetation on site. 4. Other: The subject property is presently developed as an amusement park and as such is a substantially disturbed site, B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice sball be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board, Any pariy aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners, ';-! ;"'~')I'J(: : 1~.('''(T~.;'l :it'~t.I;FI;;~! ,~,: i " ':':' LO:.I_t 4 I "1.. Agenda Item No. 8A February 27, 2007 Page 129 of 141 SECTION FOUR: CERTlFICA TION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete infonnation shall be the responsibility of the applicant. B. All information submitted with the application becomes a part ofthe public record and shall be a permanent palt of the file. C. All attaclunents and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Yz" x 14") folder. Printed Name of Applicant 01 ~gent Walter Fluegel. AlCP Heidt & Associates. lnc -TO BE COMPLETED BY THE COMMUNITY DEvlrLOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on: By: (see attached) $'~ I~ ~, If ;\,.~ p, '. ~I(l'\ ~l j(1ll/r t HYt';. i '. jIJ tk_', 5 Agenda Item No. SA February 27,2007 Page 130 of 141 PASSARELLA AND ASSOCIA TES, INC. Consulting Ecologists 9110 College pointe Court Fort Myers, FL 33919 Phone (239) 274-0067 Fax (239) 274-0069 March 6, 2006 PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Ms. Melissa Zone Principal Planner Collier County Government Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 RE: King Richard's PUD EIS Exemption . Project No. 05TB1l467 Dear Ms. Zone: Passarella and Associates, Inc. has prepared the following Environmental Impact Statement (ElS) exemption request from Collier County in response to the specific elements of the Collier County Land Development Code (LDC) Section 10.02.02 A,?: Exemptions for the King Richard's PUD project. The LDC elements are outlined below, followed by our response. 10.02.02 A,7.d, Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County A1anager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does 110t fall within an A CSC or ST zoning overlay: 10.02.02 A. 7. d. i, The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use, Response The subject property is an operating amusement park that was previously approved per the Princess Park PUD. The property is surrounded by multi-family residences, commercial development, and improved roadways. The majority of the property is comprised of the Agenda Item No. 8A February 27,2007 Page 131 of 141 Ms. Melissa Zone March 6, 2006 Page 2 recreational development. The eastern portion of the property contains a vegetated area with a majority of exotic plant species and a borrow area occupying the majority of the undeveloped area. Prior to 1974, the site was used for agricultural enterprises. Per the Princess Park PUD, there were no native vegetation preservation requirements associated with the site. 10.02,02 A.7.d.ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration' or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora andfauna were removed prior to the passage of this Code. Response The subject property is surrounded by residential and commercial developments and improved roadways. The vegetation present is largely invasive exotic vegetation and the maj ority of the original flora and fauna has been removed. As a result of these disturbances, the propelty's natural drainage pattem has been altered to the extent that precludes the vegetative community from returning to its historic condition. The property's current condition and surrounding development also precludes its use by most wildlife, which greatly diminishes its useful ecological purposes. As previously noted, the original Princess Park PUD had no native vegetation preservation requirements associated with constmction of the amusement park; no native vegetation is associated with the proj ect site. 10.02,02 A. 7. d iii. The swface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. Response Please refer to the above response. The on-site drainage design will comply with all local and South Florida Water Management District design criteria, The criteria will help insure the surface and/or natural drainage or recharge capacity of the site will not be adversely impacted. 10.02.02 A. 7. d. iv. The use and/or developmen.t of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. Agenda Item No. SA February 27, 2007 Page 132 of 141 Ms. Melissa Zone March 6, 2006 Page 3 Response The developer will improve the ecological deficiencies in the project's designated open space areas tlu'ough the removal of exotics and supplemental planting of more desirable native species. 10.02,02 A, 7,d. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms. drainage, or flora andfauna elements of the property. Response Due to the site's current altered state, significant additional disturbances to the floral and faunal communities functions are not anticipated. Should you have any questions regarding this illfolmation, please do not hesitate to contact me. Sincerely, PASSARELLA AND ASSOCIATES, INC. ~.~ Christopher M. Ryan Environmental Technician CR/mh Enclosures Mar. 3. 2006 3:32PM fla Vlest accl Agenda Item No, 8A No 0958 FBt9ru<;lry 27,2007 , fDage133of141 CJ011 cnrothers America's LflKUry Home Builder"" ' March 3, 2006 Collier County Utilities Department 2685 Horseshoe Drive South Naples, FL 34104 PUDZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Re~ King Richards POO To Whom It May Concern, This letter is submitted to document that Toll Brothers, Inc. intends to keep the ownership and maintenance of the water and sewer system private for the referenced project in Conier County. It is the developer's intention that these systems be built to ColUer County standards, as pennitted through the Land Development Code. At the completion of construction llnd inspection, these facilities will remain privately owned and maintained. . Toll Brothers, Inc. also intends to pay all of the applicable system development. charges and c:onnection fees., These payments will be made to the County Utillties Division prior to the issuance of building pennits by the count)'. I believe this fully outlines our intentions regarding the utility ownership and maintenance, and the intention to pay all applicable development charges and connection fees for this project. Should you have any comments or questions regarding this or require any additional information, please contact me at 239-949-2304. New York Stock Exchange · Symbol rOL FLORIDA WEST COAST DlV!SlON 28341 South 1'e.llllami Trail. Suite 4. Bonita Springs, FL 34134 · (239) 949-2304 . Fax (239) 949-2.292 toUbrothers, com . 12/01/2805 15: 05 ~'..... 9417322585 CC ENG PLAN ROOM Agenda Ft~HfNo~lg'AJ2 February 27, 2007 Page 134 of 141 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 East Tarniami Trail . Naples, FJorirla 34112 . (239) 732.2575 . Fax (239) 732-2526 December 1,2005 PUDZ-A-2006-AR-9403 REV: 2 Project: 19990948 Date: 7/6/2006 DUE: 8/4/06 Stri,ckland 1'. Sm~th) P ,E. Heidt & Associates, Inc. 3800 Colonial Boulevard #200 Fort Myers, Florida 33912.1075 Subject: King Rich?rds Fair fr..a Princess:F ark Water and Wastewater Availabili':y Dear Mr. Smith: Potable water service for domestic and irriga'lon pUrposes al)d sanitary sevver service are available for the above referenced project via eiiEtillg lines along Airport Pulling Road. A master meter shall be required for such facilitIes as rental apartments, shopping centers, strip malls., high rise condominiums, recreational vehide parks, mobile home parks or any other multi- family 'proj ects _ that cannot.' or do not provide \h.~ required CUEs par~eling a typical single family street cross-section or any other project tha.t does not comply with or meet the intention of Ordinance 2004-31, ~ arhendoo or-superoeded. - If this project is not to provide the required Colller County Utility Easements (CUEs), all water and sewer facilities shall be O'lNIled and maintained by the O\VIler, his successors or assigns. If this project is to provide the required CUEs, all water and sewer facilities shall be o'WIled and maintained by Collier County Public Utilities. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, shewing that the dovmstream systems are adequate to handle the increase in flow. The District 'Will be making phased expansions 10 the water supply, treatment and transmission facilities and sewage transmlssion, treatment aud disposal facilities servioing the area in question and otlier areas of 1l1e County, based on de:nands within the system and other binding commitments. These expansions should provid~ sufficient capacity to supply the referenced property's anticipated potable water and sewage treat:n:lent and disposal demands and the remainder of the District's committed capacity. However, no gua.rantee can be issued .th3t other developments throughout the District wil. G,iEngiTL""ifta """hl"vtll~JIlI'l''' g^,,;n~.' ^'~. (~f .. .. c -~ o ... .... 1; ;y DEC-0i-2005 15:01 941.7322585 '38X P.01. 12/81/2065 16:65 '3417322585 cc ENG PLAN ROOM PAGE 82/82 Agenda Item No, 8A February 27, 2007 Page1350f141 Strickland T. Smith, P.E. December 1, 2005 Page 2 nt>t have an impact on the quantity of potable water and sewage treatment and disposal capacity avaihble to this property until each phase has received a commitment for service. Connections are also subj eet to the availability )f water and sewer capacity at the time formal application is received. Should water supply or sewage treatment and disposal capaoity not be available, the Developer would be required to :?rovide an interim means of water supply and treatment and sewage treatment and disposal until the Distriot's facilities have the adequate capacity to serve the proj ect. Please note that allY and all improvements that you constroct must be in accordance with all applicable ordinances and policies, including the }a)TIlent of impact fees. Should you have any further questions, please feel free to contact me at (239) 732-2575. SinceIely, cc: Diane Deoss, Utility Billing & Customer Stavice Heather Sweet, Utility BilJing & Customer 3ervice Wes Hill, Engineering Review Services O:lllo;i"""nn~ 'lech1"''Vl.ll.b;r.I,)'/A..ll,bill~ Lotbor DEC-01-200S 16:01 941'7322585 97X P.02 :... Agenda Item No. 8A February 27, 2007 Page 136 of 141 UTILITY REPORT King Richard's PUD Prepared For: Toll Brothers, Inc. 28341 S. Tamiami Trail Bonita Springs, FL 34134 Prepared By: HEIDT & ASSOCIATES, INC. 3800 Colonial Blvd., Suite 200 Fort Myers, FL 33912 March 2006 Strickland T. Smith P.E. P .E. Florida Registration No. 50652 Date PU DZ-A-2006-AR-9403 PROJECT #19990948 DATE: 3/28/06 MELISSA ZONE Agenda Item No:8A February 27,2007 Page 1370f141 { 1. PROJECT DESCRIPTION The King Richard's PUD is a proposed 133 unit multi family project located on the east side of Airport-Pulling Road approximately 1 mile south of Vanderbilt Beach Road. The existing King Richard's Amusement Park is served by an 8" water main stub from the west side of Airport-Puliing Road. The 8" increases to a 10" water main within the site. The proposed project will require a 10" water main as well and it will use the same point of connection. The existing on-site 10" main will be removed and replaced with a new system. Sewer service for the existing amusement park is provided by the existing lift station in the adjacent Walden Oaks (Home Oak) Development. The proposed project will discontinue the use of this lift station and construct a new station for the project. The new force main will connect to the 20" force main in the eastern right-of-way of Airport-Pulling Road. II. POTABLE WATER DEMAND The water demands (Average Day, Maximum Day, and Peak Hour) are calculated utilizing the requirements for the proposed development as outlined in Collier County Ordinance 98-53; Section 12.0. For detailed Calculations see Attachment 1. A veraf!e dailv water demand 133 Multi Family Units with an average occupancy of 1.5 @ 154 gal/capita-day (133 units) x (1,5 capita/unit) x (154 gal/capita-day) = 30, 723gpd = 21.3 gpm Recreational facilities with an average occupancy 13.5% @ 15.4 gal/capita-day (133 units) x (1.5 capita/unit) x (0.135) x (15.4 gal/capita-day) =415gpd= O.3gpm (30,723 gpd) + (415 gpd) = 31,138 gpd = 21.6 gpm Maximum dailv water deman.d 1,5 times the average daily water demand 1.5 x (31,138 gpd) = 46,707 gpd = 32.4 gpm f\genda Item No. 8A February 27, 2007 Page 138 of 141 Peak hour demand The average daily water demand times a peaking factor. This peaking factor is based on population and is shown below: Peaking Factor = (18 + p ~) / (4 + p ~) Where p = equivalent population in thousands Where p = (133 units @ 1.5 persons/unit)/lOOO = 0.2 Thus, Peaking Factor == (18 + (0.2) ~/2 ) / (4 + (0.2) Yl) = 4.15 If Peaking factor>4.0 use 4,0 Therefore, the peak hour water demand is calculated as follows: Peak Hour Water Demand == Peaking Factor x Average Daily Water Demand 4.0 x 21.6 gpm = 86.4 gpm III. SANITARY SEvVER DEMAND The sewer demands (Average Day, Maximum Day, and Peak Hour) are calculated utilizing the requirements for the proposed development as outlined in Collier County Ordinance 98-53; Section 11.0. Averaf!e daily sewer demand 133 Multi Family Units with an average occupancy of 1.5 @ 120 gal/capita-day (133 units) x (1.5 capita/unit) x (120 gallcapita~day) = 23,940 gpd = 16.6 gpm Private club and pool facility with an average occupancy of 13.5% @10 gal/capita-day (133 units) x (1.5 capita/unit) x (0.135) x (12 gal/capita-day) =323 gpd = O.22gpm (23,940 gpd) + (323 gpd) = 24,263 gpd = 16.8 gpm 1I1aximum dailv sewer demand 1.3 times the average daily sewer demand 1.3 (24,263 gpd) = 31,542 gpd = 21.9 gpm ... Agenda Item No: SA February 27,2007 Page 1390f141 I Peak hour demand The average daily sewer demand times a peaking factor. This peaking factor is based on population and is shown below: Peaking Factor = (18 + p ~) / (4+ P %) Where p = equivalent population in thousands Where p = (133 units @ 1.5 persons/unit)11000 = 0.20 TIms, Peaking Factor = (18 + (0.4) Y2) I (4 + (0.4) Y2) = 4.15 If peaking factor> 4.0 use 4.0 Therefore, the peak hour sewer demand is calculated as follows: Peak Hour Sewer Demand == Peaking Factor x Average Daily Sewer Demand 4~0 x 21.9 gpm = 87.6 gpm Pipe Calculations: Using Manning's Equation to determine the capacity of an 8" Gravity Sewer Pipe flowing Half Full Q = 1.4 7/nAR ^2/3 S^ 1/2 n = 0.010 A =1/2 pipe cross-sectional area = 0.17sf R = D/4 = 0.17 S :::: 0.4% min. Q:::: 0.485CFS = 217 gpm r This project generates 87.6-gpm-peak flow, which is less than the capacity of an 8" PVC gravity sewer pipe sloped at the county minimum design standards; therefore an 8" pipe size is adequate. Agenda Item No. SA February 27,2007 Page 140 of 141 mannausa ~. ~i;RTtF;.N ' PROPERTY MANAGER(!Il . .t,' DEVELOPMENT .COMPANY -i 4255 52nd Place West, Bradenton. Florida 34210 Telephone (841) 365-1511 Facsimile (841) 365-0807 o 1080 Vista Drive, Bay Harbor, Michigan 48770 Telephone (231) 348-0747 Facsimile (231) 348-0463 '. '1'.,. December 28, 2006 Via Fax #239-643-6968 & Certified, Return Receipt, Mail Melissa Zone Principal Planner 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: PUDZ-A-2006-AR-9403 TOLL BROTHERS, INC. Dear Ms. Zone: Please accept this letter as a statement relative to the'above referenced petition. Please recall, through your files/archives, that Mannausa Development Company, as general partner of Bear of Naples, Ltd., attempted to obtain a multifamily zoning use for the propetiy directly north and adjoining the Bear Creek Apartments (existing 120 unit multifamily, affordable, rental apartment conununity) and did not receive approval indicative of Collier County Government's desire to not have as intense multifamily residential uses in this location. The subject propeliy, associated with the above referenced petition, is an intensive multifamily land use which would seem to fall within the Collier County Government desire to not have so many multifamily units in this particular area of Collier County. We oppose the land use approval because Bear Creek of Naples, Ltd., by and through its general partner (and its affiliate), Mannausa Development Company, did not receive a rezoning approval to allow a multifamily use in this location, which is in the immediate vicinity of the above referenced rez,one petition. Luxury and Affordable Housing · Land · Commercial Properties Agenda Item No. SA February 27, 2007 Page 141 of 141 Please review the rezone application submitted by Mannausa Development Company by and through its lawyer, Icard, Merrill, et aI, through Michael], Furen, lawyer/partner. Govem yourself accordingly. Sincerely, Cc: Michael J. Furen, Esq. Agenda Item No. 88 February 27, 2007 Page 1 of 80 EXECUTIVE SUMMARY CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services Facility for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERA TIONS: The petitioner seeks Conditional Use approval to allow for a Safety Service Facility that will be limited to an Emergency Medical Services (EMS) facility in the Estates (E) zoning district. The station will be approximately 5,000 square feet and will include two vehicle bays, sleeping quarters and offices. The conceptual site plan depicts the station, parking areas, 15- foot wide buffers along the north, south and west property boundaries, and. 74 acres of preserve area. The "Protected Species Survey" indicates that there are approximately 1.24 acres of wetlands located in the eastern and southern portion of this site which the proposed development is sited to avoid. The conceptual site plan also indicates that a six-foot high wall will be provided along the south property line extending from Logan Boulevard to the preserve edge. Site access as depicted on the conceptual site plan is from Logan Boulevard North. A potential future egress point from the site to Vanderbilt Beach Road is also depicted. The petition is consistent with the Land Development Code (LDC). If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. Staff is of the opinion that the EMS facility will have impact associated with noise; however, the proposed buffer wall and landscaping should offset some of that impact. At the Neighborhood Information (NIM) meeting, EMS staff described its policy not to turn on emergency sirens at night unless it absolutely had to, in cases where the emergency vehicles have to traverse traffic. The Traffic Impact Statement indicates that approximately 5 emergency runs per day will occur. This project will not have significant impacts on the surrounding roadway network. As described in the attached staff report, staff has determined that the proposed facility is compatible with the surrounding area. The EMS building has been sited in a disturbed location EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 1 of 6 Agenda Item No. 88 February 27, 2007 Page 2 of 80 of the site in order to minimize impacts to the preservation areas of the site. In addition, the proposed EMS station building is one story, which is compatible with the surrounding one and two story residential development. To the north, the subject site is separated from the residential community of Island Walk by Vanderbilt Beach Road, an arterial road that is currently being widened to six travel lanes. In addition, Island Walk is buffered from the EMS site and Vanderbilt Beach Road by a 6- foot high concrete wall with landscaping. To the east of the site is a Collier County Sewage Pump Station, which is separated from the EMS station site by the proposed preserve. Along the southern property boundary, the proposed preserve along a portion of the site together with a proposed 6 foot high wall (located along the edge of the driveway) in addition to code required landscaping, will separate the proposed EMS facility from the single family residence. To the west, the single family residence will be separated from the EMS facility by Logan Boulevard North and a IS-foot wide Type D landscape buffer located on the western boundary of the EMS site. FISCAL IMPACT: The Conditional Use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the Conditional Use 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. Please note that the inclusion of impact fees collected is for informational purposes only; it is not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT CONSISTENCY: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Golden Gate Area Master Plan and the Future Land Use Element of the Collier County Growth Management Plan. The subject property is designated Estates, as identified on the Future Land Use Map of the Growth Management Plan. The Golden Gate Area Master Plan identifies "Essential Services Conditional Uses" such as public safety service facilities and other similar facilities as those identified in LDC Section 2.01.03. G.l.e. These facilities are allowed anywhere within the Estates zoning district subject to a Conditional Use approval. EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 2 of 6 Agenda Item No. 88 February 27,2007 Page 3 of 80 AFFORDABLE HOUSING IMPACT: This request contains no provision to address the affordable housing demands that it may create. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because no Environmental Impact Statement was required for this project because the site is less than 10 acres. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard by the CCPC at the January 18, 2007 CCPC meeting. The Commission motioned to forward Petition CU-2006-AR-I0550 to the Board of Zoning Appeals (BZA) with a recommendation of approval with conditions. The MOTION PASSED UNANIMOUSLY 9-0. The Commissioners discussed staff recommendations and voted to eliminate the following recommendations: · The applicant shall coordinate with Transportation Planning Department staff to install an egress point from the site to Vanderbilt Beach Road at the time of SDP review. · The applicant shall coordinate with Transportation Operations to install a pre-emptive signal system to ensure the safe and timely egress from the site during emergencies at the time of SDP review. The CCPC agreed with EMS that one access point onto Logan Boulevard North from the EMS Station is sufficient. For safety reasons, Transportation staff is not in agreement with limiting the site to one access point and recommends an additional egress point onto Vanderbilt Beach Road. Therefore, no revisions have been made to this staff recommendation. The ccpe also agreed with EMS that one pre-emptive signal at the Vanderbilt Beach Road I Logan Boulevard North intersection is adequate. (That is, no additional pre-emptive signals are needed at the Vanderbilt Beach Road site access point and the Logan Boulevard North site access point). Transportation staff is in agreement that one pre-emptive signal located at Vanderbilt Beach Road and Logan Boulevard North will be sufficient. Therefore, this staff recommendation has been removed. The Commissioners voted to revise the following recommendation: · In addition to the required landscape buffer, the applicant shall provide a continuous 6- foot height wall along the south property line for a distance of 267 lineal feet. At the cepe hearing, the applicant offered not to remove any trees beyond the limit of development, thereby enhancing the vegetative buffering of the neighbor to the south. It was determined that the proposed 6-foot height wall along the southern edge of the driveway pavement, along with the commitment to limit clearing of the forested areas east of the building EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 3 of 6 Agenda Item No. 88 February 27, 2007 Page 4 of 80 to the removal of exotics only, is appropriate. Staff is in agreement, and the staff recommendation has been revised in accordance with the ecpc recommendation. Staff is also in agreement with the following additional ecpc stipulations for approval: · Clearing limits shall be shown on the EMS Station # 73 Site Plan. · The EMS Station # 73 garage door heights shall be limited to 12- foot height. · The EMS Station # 73 site shall be limited to emergency medical services use only. Based upon the above discussion, the recommendations are as follows: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 Conditional Use Conceptual Site Plan," prepared by Q. Grady Minor & Associates, P.A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Planning Department staff to install an egress point from the site to Vanderbilt Beach Road during the SDP review process. 4. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 5. The applicant shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 6. In addition to the required landscape buffer, the applicant shall provide a continuous 6- foot height wall along the south property line for a distance that continues to the beginning of the South Florida Water Management District wetlands not to exceed a distance of 267 lineal feet. 7. Clearing limits shall be shown on the EMS Station # 73 site plan. 8. The EMS Station # 73 garage door heights shall be limited to 12-foot height. 9. The EMS Station # 73 site shall be limited to emergency medical services use only. EMS Station # 73, CU-2006-AR-10550 February 27,2007 Page 4 of 6 Agenda Item No. 88 February 27, 2007 Page 5 of 80 The Commission members heard testimony from two members of the public: one supporter and one opponent of the project. The speaker in support of the project stated that EMS stations are good neighbors and that property values are not negatively affected by the presence of an EMS station. The other speaker, an attorney hired by a neighbor of the proposed EMS station, who lives on Logan Boulevard, expressed opposition to the project. The neighbor was concerned primarily about the siren noise, and the attorney stated that an egress point from the site to Vanderbilt Beach Road might help reduce the impact of the siren noise on Logan Boulevard. Because staff received two letters of objection, this petition could not be part of the summary agenda. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STAFF ANALYSIS: Staff completed a comprehensive evaluation of this Conditional Use petition and the criteria on which a determination by the BZA must be based, which is found in LDC Section 10.08.00. These evaluations are completed as part of the attached staff report. A summary of the legal considerations and findings is noted below: . This Conditional Use proposal is consistent with the current Land Development Code and with the Golden Gate Area Master Plan and the Future Land Use Element of the Collier eounty Growth Management Plan. . This Conditional Use proposal will not have a significant impact on traffic volume. . The proposed conditional use has mitigated impacts onto neighboring properties in relation to noise and glare. · The Conditional Use proposed is compatible with adjacent properties and other property in the district. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning eommission for approval of a conditional use authorizing an Emergency Medical Services facility in the Estates zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasijudicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of- EMS Station # 73, CU-2006-AR-10550 February 27, 2007 Page 5 of 6 Agenda Item ~~o. 88 February 27,2007 Page 6 of 80 way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional use requiring four affirmative votes of the Board. - JAK STAFF RECOMMENDATION: Staff recommends that the BZA approve Petition eU-2006-AR-I0550 subject to the conditions attached to the Resolution, which seek to mitigate negative impacts to the surrounding area. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning & Land Development Review EMS Station # 73, CU-2006-AR-1 0550 February 27, 2007 Page 6 of 6 Item Number: Item Summary: Meeting Date: Agenda Item No. 88 February 27. 2007 Page 7 of 80 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B This Item requires that all particIpants be sworn In and ex parte dlsclo5ure be provided by Commission members CU-2006-AR-10550 Collier County Department of Facilities Management represented by Heidi Williams, of 0 Grady Minor & Associates, P,A. is requestlilg a conditional use In the Estates zoning dlstnct pursuant to Section 201.03.G. 1.8 and Section 1008,00 of ttle Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73 The subject property, consisting of 223 acres, IS located at 790 Logan Boulevard North, In Section 4, Townslllp 49 South. Range 26 East, Collier County. Flonda 2/27/20079:00:00 AM Date Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Zoning & Land Development Review 2/8/2007 5 :05: 18 PM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/12/20072:41 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 2/13/200711;03 AM Date Approved By Marlene Stewart Community Development & Environmental ServIces Executive Secretary Community Development & Environmental Services Admin. 2/13/200712:44 PM Date Approved By Donald L. Scoll Transportation Services Transportation Planning Director Transportation Planning 2/13/2007 3:34 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 2/13/20073:50 PM Date Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 2/14/2007 8:50 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/16/20074;51 PM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 2/20/200710;53 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/200712;15 PM Agenda Item No. 8B February 27, 2007 Page 8 of 80 Colfer County ~~~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW eOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 18,2007 SUBJECT: eU-2006-AR-I0550; EMS STATION # 73 PROPERTY OWNER! AGENT: APPLICANT: Collier eounty Government Department of Facilities 3301 Tamiami Trail East, Bldg. W Naples, FL 34112 AGENT: Ms. Heidi Williams. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests approval of a eonditional Use in the Estates (E) zoning district for a Safety Service Facility, pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development eode (LDC), as amended, on a 2.23 :l: acre site. GEOGRAPHIC LOCATION: The subject property is located at 790 Logan Boulevard at the southeastern corner of Logan Boulevard North and Vanderbilt Beach Road (CR 862). The site is located in Section 4, Township 49 South, Range 26 East, Collier County, Florida. PURPOSE/ DESCRIPTION OF PROJECT: The petitioner seeks Conditional Use approval to allow for a Safety Service Facility that will be limited to an Emergency Medical Facility in the Estates (E) zoning district, on a 2.23:1: acre site. The station will be approximately 5,000 square feet and will include two vehicle bays, sleeping quarters and offices. The conceptual site plan depicts the station, parking areas, IS-foot wide buffers along the north, south and west property boundaries, and .74 acres of preserve area. The "Protected Species Survey" indicates that there are approximately 1.24 acres of wetla..l1ds located in t..1}e eastern a..l1d GU-2006-AR-10550 January 2, 2007 Page1of9 Agenda Item No. 88 February 27,2007 Page 9 of 80 southern portion of this site which the proposed. development is sited to avoid. The conceptual site plan also indicates that six-foot high wall will be provided along the south property line extending from Logan Boulevard to the preserve edge. Site access as depicted on the conceptual site plan is from Logan Boulevard North. A potential future egress point from the site to Vanderbilt Beach Road is also depicted.. SURROUNDING LAND USE & ZONING: North: Vanderbilt Beach Road, then the Island Walk DR! (Development of Regional Impact) residential project. East: developed with a Collier Sewage Pump Station on an Estates zoning designation. South: developed with a single family residence on an Estates zoning designation. 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I g~ "i:j 2~ z -< -' ~ ~ ii\ -' -< i'2 ~ ~ ~ u ~ i! ~ :<!: c E:: ~ t" t') ~ ~.! ~Sir. gin Vl i' ~~n cdh oe ~m' ~~I; Q~.' ~Ii~ ~.. 0'6 ~ 01 1~ : ~ , ~ ~ ::l );l ~ ~ ~ g . iil!i ~I a.: -I ~Q l i -I .. /:~l: !>I!';l; 81': "'::1 ~:~ "~" Agenda Item No. 88 February 27. 2007 Page 12 of 80 GROWTH MANAGEMENT PLA.N CONSISTENCY: In a memo dated October la, 2006 eomprehensive Planning staff reviewed this request and offers the following comments: The Golden Gate Area Master Plan pertaining to Conditional Uses reads as follows: 5) Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.04.03 of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, and are defined as: . electric or gas generating plants, . effluent tanks, . major re-pump stations, . sewage treatment plants, including percolation ponds, . hospitals and hospices, . water aeration or treatment plants, . governmental facilities (except for those Permitted Uses identified in Section 2.04.03 of the Land Development Code), . public water supply acquisition, withdrawal, or extraction facilities, and . public safety service facilities, and other similar facilities. CONeLUSION: Based on the above analysis and review, Comprehensive Planning staff concludes the proposed Conditional Use may be deemed consistent with the Golden Gate Area Master Plan. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. ANALYSIS: Before any eonditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings (Exhibit "A") that: 1) approval of the eonditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual eonditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1 . Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request has been deemed consistent with the Golden Gate Area Master Plan. Therefore, it is also consistent with the Future Land Use Element and the Growth Management Plan (GMP). CU-2006-AR-10550 January 2, 2007 Page 5 of 9 Agenda Item l\Jo. 88 February 27, 2007 Page 13 of 80 The proposed setbacks are in compliance with the LDC. The Estates zoning district requires a 75- foot front setback along Logan Boulevard North and allows a reduced front 37.5-foot setback along Vanderbilt Beach Road and a side setback of 30 feet. The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the site will be provided through one entrance on Logan Boulevard North. Transportation Department Staff has reviewed the application and has requested an egress point from the site to Vanderbilt Beach Road. In addition, the applicant shall coordinate with the Transportation Operations Department to install a pre-emptive signal system to ensure safe and timely egress from the site during emergencies. To address this, additional conditions have been made as part of Staff Recommendations. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. It will have impact associated with noise; however, the proposed buffer wall and landscaping should offset some of that impact. The Traffic Impact Statement indicates that approximately 5 emergency runs per day will occur. This project will not have significant impacts on the surrounding roadway network. Personnel will be stationed in the building 24-hours a day, ready to respond to an emergency. When the station personnel and vehicles are called upon to respond to an emergency, noise from EMS vehicle sirens may disturb the neighbors. At the Neighborhood Information (NIM) meeting, EMS described its policy not to turn on emergency sirens at night unless it absolutely had to, in cases where the emergency vehicles have to traverse traffic. To divert noise impacts and glare to the residence located immediately to the south, the applicant will provide a 20 to 170-foot wide preserve area that extends along for a distance of335:1: lineal feet along the abutting property line, and a six-foot high wall along the remaining 217:1: lineal feet of property line. As shown on the eonceptual Site Plan, this will be in addition to the required landscape buffers. To further mitigate for the impacts on the immediate neighbor on the south, staff is recommending that the wall is extended along the project's south property line to a point 50- feet east beyond the north east corner of the existing house (for a total of267 lineal feet of wall). 4. Compatibility with adjacent properties and other property in the district. The proposed facility is compatible with the surrounding area. The EMS building has been sited in a disturbed location of the site in order to minimize impacts to the preservation areas of the site. In addition, the proposed EMS station building is one story, which is compatible with the surrounding one and two story residential development. To the north, the subject site is separated from the residential community of Island Walk by Vanderbilt Beach Road, an arterial road that is currently being widened to six travel lanes. In addition, Island \Valk is buffered from the EMS site and Vanderbilt Beach Road by a 6 foot high concrete perimeter wall with landscaping. To the east of CU-2006-AR-10550 January 2. 2007 Page 6 of 9 .Ll.genda Item No. 88 February 27, 2007 Page 14 of 80 the site is a eollier eounty Sewage Pump Station, which is separated from the EMS station site by the proposed preserve. Along the southern property boundary, the proposed preserve along a portion of the site together with a proposed 6 foot high wall with landscaping, will separate the proposed EMS facility from the single family residence. To the west, the single family residence will be separated from the EMS facility by Logan Boulevard North and a 15 foot wide Type D landscape buffer (trees spaced 30 feet on center with a hedge) located on the western boundary of the EMS site. Based on the information provided and with the appropriate mitigations, it appears that the proposed eonditional Use is an appropriate use of the subject site. NEIGHBORHOOD INFORMATION MEETING: The following synopsis is provided by Linda Bedtelyon, Community Planning eoordinator: The applicant held the required meeting on November 29, 2006 at 5:30 p.m. at the Vineyards Community Park, in Rooms A and B. Approximately twenty five people attended, including the applicant's agents and county staff. Of those neighboring property owners who spoke, one person was in favor of the project, while several others expressed opposition to the location, stating that the use was not compatible to the residential nature of the area, citing noise nuisance and devaluation of their property. It was suggested that the height of the building (ambulance bays) be "as low as possible." ehief Page of EMS stated that the ambulance bay doors could "possibly go down to twelve foot (high)" instead of the originally proposed 14 feet. Some of the residents complained that this project is the county's "foot in the door" to further development that is unwanted. Others requested that the station be located at the intersection of eollier Boulevard and Vanderbilt Beach Road. Another property owner who had right-of-way taken from his property for the Logan Boulevard roadway widening said ".. .we're getting beat up out there" and asked if he could call the applicant when the ambulance sirens woke his young children in the ni ght. STAFF RECOMMENDATION: Staff recommends that the eollier eounty Planning Commission recommend approval of Petition CU- 2006-AR-10550 to the Board of Zoning Appeals, with the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 eonditional Use Conceptual Site Plan," prepared by Q. Grady Minor & Associates, P .A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, CU-2006-AR-10550 January 2, 2007 Page 7 of 9 Agenda Item No. 88 February 27,2007 Page 15 of 80 structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including ehapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier eounty Land Development Code, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Department staff to install an egress point from the site to Vanderbilt Beach Road at the time of SDP review. 4. The applicant shall coordinate with Transportation Operations to install a pre-emption signal system to ensure the safe and timely egress from the site during emergencies at the time of SDP reVIew. 5. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 6. The applicant' shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 7. In addition to the required landscape buffer, the applicant shall provide a continuous 6-foot height wall along the south property line for a distance of 267-lineal feet. PREPARED BY: CH, Alep, PRINCIPAL PLANNER OF ZONING AND LAND DEVELOPMENT REVIEW ~ DATi l~/)OlfJ' , DATE 12... z.z.'O~ . BELLOWS, MANAGER DATE NT OF ZONING AND LAND DEVELOPMENT REVIEW CU-2006-AR-10550 December 18, 2006 Page 8 of 9 Aoenda Item No. 88 February 27,2007 Page 16 of 80 ~Yn. ~.J::-~ ./SUSAN MURRA Y ISTENES, AlCP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1/2/0 7 , , DATE APPROVED BY: /pr4 K. SCHMITI, ADMINIS RA TOR / DATE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: ~~ p,~ M P. STRAIN, CHAIRMAN l'- I ~(--07 DATE Tentatively scheduled for the February 27,2007 Board of County Commissioners Meeti~g Attachments: A. Findings of Fact CU-2006-AR-10550 December 18. 2006 Page 9 of 9 Agenda Item No. 88 February 27, 2007 Page 17 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10S50 The foHowing facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offrre or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect 01' ~ffect mitigated by HeA- (v'J ft ~ ( _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should. with stipulations. (copy attached) (should not) be recommended for approval <text>. DATE: t ~ l .....~/ 01 CHAIRMAN: EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 18 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08,00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ..y.... No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL No_ \. C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by J ~r _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: eompatible use within district Yes;(:.... No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / -I J',; ('.) 7 e'f'f t1,t...l... CHAIRMf.N ~ cd~ - ~ (. il"'_ EXHIBIT A Aaenda Item No. 8B February 27, 2007 Page 19 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with ,e Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastl"Ophe: Adequate ingress ,egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7in district Yes_ No_ DA TE:/ -I f .. () 7 . MEMBER: 4/oer V/t?..( /orr,' Based on the a.bove findings, this conditional use should, with stipulations, (cop- (should not) be recommended for approval <text>. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 20 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I05S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency re Land Development Code and Growth Management Plan: Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: (" Adequate ing7s & egress Yes No C. Affects neighboring properties ill relation to noise, glare, economic or odor effects: _ No ~t or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us1thin district Yes _ No ( Based on the above findings, this conditional use should, with stipulations, (copy attached) :::d ";:) ~ ~;1m~dod fur awrovm ~e:MBER: ~W ~ EXHIBIT A \ Agenda Item No. 88 February 27, 2007 Page 21 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,.,- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive aud pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: \ Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic 01' odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dist.rict YesJd No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. ...-...( DATE:~ '- ~ MEMBER: c ::...- EXHIBIT A Agenda Item No. 88 February 27. 2007 Page 22 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other prope11y or uses in the same district or neighborhood because of: A. Consistency with t~~evelopment Code and Growth Management Plan: Yes LNO_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fITe or catastrophe: Adequate ingress ~s Yes Z ~~=- AfZects n ;ghboring properties in relation to noise, glare, economic or odor effects' . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated C. D. Compatibility with adjac nt properties and other propel1y in the district: Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I ~ ;{--- 0 -; MEMBER:~ EXHIBIT A Agenda Item No. 88 February 27,2007 Page 23 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesx- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I,... /f-~ 7 MEMBER: ;?;:: q# EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 24 of 80 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propelty or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes if No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire 01' catastrophe: Adequate il1jS & egress Yes_ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor e7: _ No affect or _Affect mitigated by _ Affect cannot be mi tigated D. eompatibility with adjacent properties and other property in the district: Compatible use within district yes/ No_ DATE: 1))1,17 MEMBER: t$YIf)~J 'it:. ~1Of1s"-" Based on the above findings, this conditional use should, with lpulations, (copy attached) (should not) be recommended for approval <text>. EXHIBIT A \ Agenda Item No. 88 February 27,2007 Page 25 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0SS0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes tJ. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No aff~ct or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: III! If) ;7 I I I) "-h /7 MEMBER: /iJ-rll'u.--. kt ~I t{ (' 1i/ttJ-?L/ EXHIBIT A ll)r---o rooeo .o~ 001 0 Zr--"'~ i= 01 N (j) >. (IJ _.....en -coro CO::lo... -0..... c.o ill (IJ O)LL <C 0 It) It) 0 ~ ...... CO D:: 0) ai3 w ::::l g c( , lO 0 r 31I':JSOLlCN I ~ - ::::) () 'It Z ! e ! 0 I!! I- ~ t B+ l- lK ~ '" :: i; N ~; i w ~ I ~ ~ ll.. I -<""" ~~ 1IW^"""" aermo \II.." a.. 1 II ~ ~ ... BN ~ g <( N "i; ~ i~ """"""'" oil i:i ~ I ~ I ~ :i\110 ... a Z Ii ~ iml il!!ll ~ 0 .. i~~ "I~; ~ f - i ~ ~ l- I 1IW^"""" IMllTI _AnlOO ~ <( h e ~ _ VlIM () ~ B. e m 0 9 iil iii.. ~ Ii" Ii" mR ~~ ~ i; :;I i ~ I~ to i~ i ~ 'l .....I ~- I I j ~ I It - aLVJ.aBlHI ~~ 112 Ii " ~ ""'" N<WItlNW1 It) 0) :::l !!! ~ ~ ~ w o a.. !!!<C I; ~ Ie!) z z o N CllIVAJlIlOII NVOO1 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET Agenda Item No. 88 February 27,2007 Page 27 of 80 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [CU_2006_AR_I0550 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM ] ABOVE TO BE COMPLETED BY STAFF NAME OF APPLlCANT(S) COLLIER COUNTY GOVERNMENT. DEPARTMENT OF FACILITIES MANAGEMENT ADDRESS 3301 TAMIAMI TRAIL EAST. BLDG W CITY NAPLES STATE FLORIDA ZIP 34112 TELEPHONE # 239-774-8380 CELL # ___________________ FAX # 239-793-3795 E-MAIL ADDRESS:RONALDHOVELL@COLLlERGOV.NET NAME OF AGENT HEIDI WILLIAMS FIRM O. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375 E-MAIL ADDRESS:HWILLlAMS@GRADYMINOR.COM . < . ~ ii .. .~~ .,' . .';: BE AWARE THAT cou~l'E.ft taiJNfyHA~'t6B'~YISt' R~tlJ~Tj~~~;'G'UII)~YbU RSEc~\:~i To",."" ,;,;,," < ," _. --' .. _ :"._,._':_-~!'; .,'__O""',\<,_<;;'~"':;__;',':"."'t;_~.".,:".",,,_,~':: :~!;.;',:_':"_:' . ..\,::",:",-~,..,:_.." 'i~:'-:";;.,:':,, :"':',:~" ~<'), \)L',,~i-i-"/':' ',":',,:'_',_,,_::"',':"',_''-: '~' ", ,~",:,:,:.' AtCORDINGL Y AND ENSURE THAT YOUARl;IN 'COMPLlANC~,.wITj-t THESE'. , ',:';>' REGUtAfto'NS}:." ,. ,'. " ("':::;; .J+, :iiC';'.!. "..':' ,.f:!:}>;:.:>'+\'.i!.,':?'.i:;.;,:"n:;~.5t~',i(, "","-,> >_,~:", :1"~:; ':', " I ,,~, ",f",--;; -: ,{~." -- ,~ ; "t_;,_~ ';;",::,<:: ;~:;',<_'/-:;J( '::~, "~,~:: ~ "','c" ,;:~<, ,~_/~::"'- .'-,,' . '.. APPLICATION FOR PUBLIC HEARING FOR CONDIT/ONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 r Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS 140 WILSON BLVD. S. CITY NAPLES STATE FLORIDA ZIP 34117 NAME OF HOMEOWNER ASSOCIATION: LOGAN WOODS/SANTA BARBARA CIVIC ASSOC. MAILING ADDRESS 5370 12TH AVE SW CITY NAPLES STATE FLORIDA ZIP 34116 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ____________________ CITY _____________ STATE ______ ZIP ________ NAME OF MASTER ASSOCIATION: _____________________:...______________________ MAILING ADDRESS ________________________ CITY __________ STATE ____ ZIP ______ NAME OF CIVIC ASSOCIATION: _______________________-'_____________________ MAILING ADDRESS _______________________ CITY ___________ STATE ___ ZIP ______ , DISCLOSURE OFIN,TEREST INFORMATION .,,5 ." .. ;.-.... .....,. ," .",' "..:l.:;.--;-":,z,:":".: . . t..;' "~ ...... -..,' ......... I ':.",' " '-r..~." ',' . " 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 Collier County 3301 Tamiami Trail East Naples. Florida 34112 Folio # 41 820800009 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership APPLICATION FOR PUBUC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 29 of 80 c. If the property is in the name of a TRUSTEEj '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. Name and Address Percentage of Ownership Date of Contract: ________________ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No, 88 February 27,2007 Page 30 of 80 f. If any contingency clause or contract terms ~nvolve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- --------------------------------------------------------------- g. Date subject property acquired [gl 03/2004 Icascd g Tcrm of Icase _________ 'Irs. / m 0 s. If, Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: _________________, or Anticipated closing date _____~____________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR CONDlnONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 Page 31 of 80 Detailed legal 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 n to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 04/49/26 Lot: ______ Block: ________ Subdivision: ______________~____________________________ Plat Book ____ Page #: _________ Property 1.0. #: 41820800009 Metes & Bounds Description: Please see attached Boundary Survey SIZE OF PROPERTY~ 170 ft. X 568 ft. = Total Sq. Ft. __________ Acres 2.23:1: ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Property is located at 790 Logan Boulevard North. It is southeast of the intersection of Vanderbilt Beach Road and Logan Boulevard. :tlf.AD'ij(CE1\F' .. .", '.',',":'..:""",.',," . ..''J.e.. ........ .., .,.,_ ',c",i Zoning Land use Vanderbilt Beach Rd.. Island Walk PUD attached single family residential Single family residential Countv sewage pump station Single family residential N ROW. PUD S Estates E Estates W Estates 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). YES Section/Township/Range 04 /49 /26 Lot: _________ Block: ___________ Subdivision: Golden Gate Estates Plat Book 9 Page #: 45 Property I.D. #: 41823400009 Metes & Bounds Description: GOLDEN GATE EST UNIT 95. W 180FT OF TR 44 APPLlCA nON FOR PUBLIC HEARING FOR CONDlnONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 Page 32 of 80 " ., CO NDprlGNAL USE, REQUEST . DETAIL.,.,,: .' , ',' '..,:..,1 Tvpe of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.01 of the Estates zoning district for a "safety service facility". This CU is permitted under LDC Section 2.01.03.G.l Present Use of the Property: The subject property was cleared of a sinqle family home and is now vacant. '." EVALuATION CRITERIA ;l! ,i" ';)',<:J;." ,\7: I ."', ~ .;2..: ;~:~':' ,<.;;-: ~ -'~:';k~: , ,i; .<.--~ Evaluation Criteria: Provide a narrative statement describing this request for conditional use. This Conditional Use aoplication would authorize the 2.23+ acre site for use as an Emergency Medical Services facility. The prooosed facilitv is located on the southeast corner of the intersection of Vanderbilt Beach Road and Logan Bouleyard. Th is location would reduce emerqencv reSDonse time due to its access to two maior roadways. The site would be developed with an EMS station of approximately 5.000 square feet that would include two vehicle bays. sleeping quarters and offices. The Droperty will also orovide adequate parkin"g areas. landscaDing and internal vehicular circulation. The remainder of the site would be left as wetland and native preserve area. . NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The proposed Conditional Use would allow an emergency medical services station to be located on the southeast corner of the intersection of Vanderbilt Beach Road and Logan Boulevard. This 2.23-acre Darcel is designated Estates on the Collier County Future Land Use Map and the Golden Gate Area Future Land Use Map. which is incorporated into the Golden Gate Area Master Plan (GGAMP) and is consistent with the Future Land Use Element of the Growth Management Plan (GMP). The GGAMP contains specific restrictions on the location of potential conditional uses. Under the "Essential Services Conditional Use Provisions" the Plan does allow "governmental facilities", as further defined in section APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27, 2007 2.01.03.G.1 of the Land Development Code (LDC). including safety service facilit~ 3.lsoh80 Conditional Use. Policy 5.2 of the GGAMP encourages maintaining a careful balance between the Drovision of infrastructure and retention of the rural character of the Estates District. The proposed EMS station is necessary to the health. safety and welfare of the citizens of the area. By locating this station adiacent to a maior thoroughfare response times to emergency calls will be decreased and residential uses to the south will be distanced from the expanded roadwav. In addition. a large portion of the site will be preserved for native vegetation and wetland protection. The location of the proposed site provides a necessary service while the conceptual site design is sensitive to the nature of the Estates. Therefore. the proposed Conditional Use is consistent with Policy 5.2. The Trip Generation Report indicates that the traffic generated by the EMS station is minimal. The traffic Clenerated will not significantlv impact the surrounding road network. so the oetition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. The conceptual site plan indicates a potential development plan including the bUilding footprint. parking. landscape buffers and preserve locations for the site. Minor modifications may be made. but due to the presence of onsite wetlands. it is anticipated that the site will be developed as shown. Access is proposed to both LOClan Boulevard and to Vanderbi It Beach Road to facilitate efficient response to emergency calls. All development standards will be consistent with the LDC at the time of Site Development Plan review. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The proposed EMS station is aoproximately 5.000 square feet. Access points to the site are located on both Logan Boulevard and Vanderbilt Beach Road. The subiect property is located on the corner of a maior intersection and emergency response vehicles will require the ability to move in all directions. The conceptual plan is designed to facilitate efficient response times without compromising the safety of the traveling public. Internal traffic flow is provided as a function of this flexibility. which will also aid the response to any potential onsite emergencies. Pedestrian safety will be accommodated by provision of sidewalks and crosswalks as required by the LDC at the time of Site Development Plan review. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed conceptual site plan minimizes imoacts to neighboring properties. It is anticipated that approximately two-thirds of the site will be preserved. The nearest residence is adiacent to the preserve area. Adequate setbacks and landscape buffering will decrease the immediate impacts of noise and glare. No economic impacts or effects from odor are anticipated. . d. Describe the sites and the proposed use's compatibility with adjacent properties and other properties in the district: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E- 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 The subiect prooerty is immediately adiacent to two maior roads and two Ffe~ ~it:ft80 Estates zoning. The lot east of the site is owned bv Collier County and houses a sewage pump station. The lot that is south of the subiect oroperty is developed with one single-familY house. Potential impacts to residential lots will be reduced bv installation of adequate landscaoe bufferina. including a six-foot hiah wall. and by the orientation of the building on the site. The intended layout locates the station as far from existing homes as oossible. These factors combine to ensure comoatibility with neighboring prooerties. e. Please provide any additional information which you may feel is relevant to this request. The subiect orooerty was purchased in full by the County in 2004 for right-of-way acquisition. Planned road improvements intensify the intersection and make this site less desirable for single-family residential develooment. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use oetitions on the subiect orooertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan}, drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed 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], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 35 of 80 . proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting incl uding a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify 'plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. The petitioner must provide a letter of no objection from the Un ited States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. . Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 1 O.03.0S.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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03, rev S/20/200S Aoenda Item No. 88 ~February 27, 2007 Page 36 of 80 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explainino the proiect 20 X Application (completed & signed) (download from website for 20 X current form) * Additional set if located in the BayshorelGateway ITriangle 1 X Redevelooment Area) Addressina Checklist siqned by Addressinq 1 X Pre-Application meetinq notes 20 X Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 COpy) 20 X Copies of Warranty Deed( s) 2 X Completed Owner/Agent Affidavits. Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic X copy of EIS or exemption justification 4 Aerial Photographs (taken within the previous 12 months) 5 X Statement of utility provisions (with all required attachments & X sketches) 1 Traffic Impact Statement (TIS), or waiver 7 X Historical and Archeoloaical Survey. or waiver 4 X Copies of State and/or Federal Permits NA Architectural Renderinq of Proposed StructureTs) 4 NA Electronic copy of all documents and plans (CDROM or 1 X Diskette) Letter of no objection from the United States Postal Service. X Contact Robert M. Skebe at (239) 435-2122. 1 ~~, Applicant/Agent Signature September 20, 2006 Date Agenda Hem No. 88 February 27,2007 2800 NORTH HORSESHdlatMtMof 80 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- CU-2006-AR-I0550 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 l: . hi . PRE-APPLICATION MEETING NOTES F Il2J~~ & SUBMITTAL CHECKLIST ~~~ O~T.e..:: au.:u ffi^ \j Q( Date, 'I-~~-OC? T;me: 8:,30 Plannen KAy '])ESELF-H ~ ~ Project Name: -;to.-::t>-", 'hr'f '..{~ 'E M5 S-tol1()v\ :i:t=7::J- ~5 Project AddrfLocation: teto U9j3C*n ~ud ~ '.' .. C()NI)ITIONA.LU~EP,ETITIO~.. . Applicant Name: S'-"O f()n t J... ~(\ \'011 r Firm: Q. &ra.d,j \-J\\ no r Currenf Zoning: ~ St-o..1-~c; Owner Name: Co \\IQQ Coun~~ Phone:~ Owner Address: -.... Phone: ~~~&fi~ll&4tif~iUie~~:(:ttlficH:Si~i]"lSi~d~.' . 5 000 rh ~ lJ"a 9 e r't\pl&rJ ..,.,.... .. .~i...............,.....'-. ...... t..........". '.', ~,~s". ...:'!t:" ........"..J.lt~~::.J -'1~S 'ElJ\S 011\ . NOTES: . . . '\10 U.SL ()(\~\te...- was. -tnCf\ d.auJ"f) .' __ tf\OE>W ,?Uffi~ s.~~~tn\ \A (\Q..~l-cta6( I "'(o(J~ pv.t ~ : r (~c ~-e..... J {../foJ" i4 ~ 4t.fc.//(f J f:t:t- {..r ~/~ 1rl-11(...s 3FUJ(y\'~ WILL ..pt"Olhlr (VA n....R ffJtfIJ iVG G:."f'r1 f::.!UT Gn\J\'~- pl[~ O~"\l;.,\ wll=-lUC(~auedtl~ j (O'{tl-Prc.vI'\}7(',(,'W"I ~'r:lfC~+-aF -€.,cl'G-\\Y\~ ("'O..~'tr{ ~~ktY\ (-(Krlvd\<I<j t-V\tj ~ In tc\l..J'L ube\ Dn...HK plAn. j I L') p'DV\~ ~,~L--Ue. P'u\Zui~ wrv'tt\ '\J"Tro(\C"''''~ u..,-{+W d...o*J"Y'L, CNC\JVL-nOv\ eN' plClf1 $ ~ ?~ ~ HD1t3 QJJ ~ ptAr\.)) ~ 15' ~ pPs. tb ~D. ~~.l...'~,D W$. "to ~J lo'A ~.i~J 'FUMPppe..Cuie ~. ~,.n.~~ce fY1~ ~~ ~ . To ~O. c:NJ...X ~ ~\ol;M ~~ . 1 CONDtTIONAIUS~....... {Clf.)~rPLIC-~:n9N.; .... SUBM1TTAl.CHECKUST' Agenda Item No. 88 February 27,2007 d of 80 .h i THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXA.CT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ST ANDARD REQUIREMENTS: Cover letter briefly explaining the project 20 .v Application (completed & signed) (download from web site for 20 \/" current form) *Additional set if located in the BayshorejGateway Triangle tJ!A Redevelopment Area) 1 Addressing Checklist signed by Addressing 1 V Pre-Application meeting notes 20 V Conceptual Site Plan 24" X 36" plus (one 8 V2 X 11 copy) 20 V Copies of Warranty Deed(s) 2 ./ Completed Owner/Agent Affidavits, Notarized 1 V- Environmental Impact Statement (E1S), and digital/electronic copy of ~ EIS or exemption justification 4 Aerial Photographs (taken within the previous 12 montns) 5 V- Statement of utility provisions (with all required attachments & V' sketches) 1 Tr",H;,.. ,~.~. \ \- \ \:) ~Jn t,fn\ fl^ hI 7 V '~I' Historical and Archeological Survey, or waiver ...J 4 v.' Copies of State and/or Federal Permits ~ NA Architectural Rendering of Proposed Structure(s) 4 ~ J'.j.p.., Electronic copy of all documents and plans (CDROM or Diskette) 1 V Letter of no objection from the United States Postal Service. \,/" . Contact Robert M. Skebe at (239) 435-2122. 1 Applicant/Agent Signature Date 2 .~ .. Agenda Item No. 88 February 27, 2007 Page 39 of 80 FEES: ~ Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required.) t $4,000.00* $1 50.00 $300.00 ~ $760.00 $363.00 .N{1t\ $2,500.00 Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated legal Advertising Fee - cepc Meeting Estimated Legal Advertising Fee. BCC Meeting (any over. or under-payment will be recanciled upon receipt of lnvoice from Naples Doily News). EIS Review, if required *$1500.00 If filed in conjunction with 0 rezone petition OTHER REQUIREMENTS: ~ ~EE.D r~ "Po-Q. "?"-E-APP 'o~ -furJs:\1-o.n~ o D D' :pro~\<kJ.. c.~ '* ?it. c.W'r>I:)b \.o~ Applicant I A gent Signature . Date 3 Agenda Item No. 88 . February 27,2007 Page 40 of 80 - - - - - - .. - .... 1- t"'. ~ Agenda Item No. 88 February 27, 2007 Page 41 of 80 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every pro;ect. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) Golden Gate Estate Unit 95 Tract 19 0 ~ - 4- q - c. b 2. Folio (Property ill) number(s) of above (attach to, or associate with, legal description ifmore than one) 41820800009 3 _ Street address or addresses (as applicable, if already assigned) 790 Lo[!an Boulevard North 4. . Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type -:- (Complete a separate Addressing Checklist for each Petition Type) o o o o o D o ~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development naines proposed for, or already appearing in, condominium documents (if applicable.; indicate whether proposed or existing) SDP (Site Development Plan) SDP A (SDP Amendment) SDPI (SDP Insubstantial Change) SIP (Site Improvement Plan) SIP A (SIP Amendment) SNR (Street Name Change) Vegetation/Exotic (Veg. Removal Permits) o o o D o o D o PPL (Plans & Plat Review) PSP (preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right-of-Way Permit) EXP (Excavation PeI1I1it) VRSFP (Veg. Removal & Site Fill Permit) 11. Please Check One: [gJ Checklist is to be Faxed Back D Personally Picked Up 12. Applica.nt Name Sharon Umpenhour Phone 947-1144 Fax 947-0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number \ 0\ (.,,1' Address Number \ Ol.c" ~ 3 Address Number Address Number Approved by Jll "'- ~ f\['us"~(LW\ Date -"\ -\ t)- C ~ ~n lAo'J~\ [ a:l 0 CO ro ci '0 Z -N V) V) E "<t W 2 OJ ~ OJ Q Cll 0... Q <t ~ :::! J <t .~ :e 0 > LlI Q) 0::: J - - ~ C <V N-~ Q) E Co (()~ ..2 Q) =: rJ' u. > I 0 Q) w m e c:Q r-~ w :e \f'T I- -a ;::) ~~ < c Z ~ -,- 0.-" a ~~ .... w --. ~ ~ Z I ! ol.S 0 1'('\ tv tn :t: ~rv) C D. '-:r : ~~ c ~ tv tJ-., ~~ ~ ~ .... === 0 - ~Vj c Q) I~ ... c B~ - ,- ... u. ~ a .. := c- o S:~ Q) l- e D. w & Q <~ <;; -- "<t Z 0 ~ .0 0 C"> 1 v; .... ~ N .. a 6J a; ~ E ~ ~ :> C1J I I~ ~~ ~ W N- -ai 0 ~ -- CI.l ,Z "" C1J -- :::) ~ co \f) C 0 -0 U (!) \~ ~ rfJ L fa 'S; (!) ~ .... ..- ~ W M () 0- 0 "0 N -i I 0 M to ..- N N 6 .. I ..- 0::: 0- 15 w M (!) Z N .c w rfJ :E Z w .~ < <t ... :e c Q) Ol Z .... ..c <( 'en c.. l- E z -0 U C (!) ;:) rfJ W W 'S; """l Z Z ~ 0 =: C) Q) rfJ LJ c a. IQ. V) a. 0 <1': Vl ..c I <t (!) Q.. ~ LL . -- . co co ,- .... <( :If w =' LLI co :e :;:) z w Z o :J: Q. J- Q. W C -.... Z ' 0:: -CI::: V)_ ::;:u.. - .. c 0 )0- J- Z ::::;) o u '<t o ~ N - 0> ~ N- O i?> CO " Q) "'. .;;: ~ (.) o " <i- o I ~ t;l o ...... Q) Q) .J:: en .J: c: Ol '(;5 " Q) '" .;;: Q) '- Vi Cl. 1 ct -- u..: LU :E -< z letails Folio No.1141 820800009 .M.im Owner Name'j COLLIER COUNTY Addressesl 3301 TAMIAMI TRL E City II NAPLES -.' Current Ownership Property Addressll790 LOGAN BLVD N Agenda Item Ncf.8~e 1 of 1 February 27, 2007 Page 44 of 80 : ~ ., Statell FL J ziPll34112 - 3969 J J Legalll GOLDEN GATE EST UNIT 95 TR 19 Section Township Range Acres 04 49 26 3.23 . Sub No. 355900 GOLDEN GATE EST UNIT 95 ~ Use Code 86 GOVERNMENT Map No. 4B04 Strap No. 355900 19 04B04 -'fl Mlllaoe Area 46 "e M.1IWm 12.7013 2005 Final 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 $ 175,950.00 (+) Improved Value $ 93.871.00 (=) Market Value $ 269,821.00 I (-) SOH Exempt Value I $ 0.00 I (=) Assessed Value I $ 269,821.00 I (-) Homestead and other Exempt Value $ 269,821.00 (=) Taxable Value $ 0.00 Date Book - Page I Amount I 03 I 2004 3.S.~;L:.U!l I $ 328,000.00.1 07 I 2001 ~ll..5S-=--11H I $ 0.00 I I 04 /1987 1259.847 $ 64,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- '" . 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DeselemKay Subject: Location: Start: End: Recurrence: Meeting Status: Required Attendees: l'\qenda Item No. 88 February 27, 2007 Page 46 of 80 Pre-App - CU - Sharon Umpenhour, Agent - Kay Deselem, Planner Conference Room C Thu 7/27/2006 8:30 AM Thu 7/27/2006 9:30 AM (none) Accepted CDS-C; DeselemKay; HillWes; wiley-r. CasalanguidaNick; seoted; muHer_r; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrell-p; Tindall-p; weeks_d; bedtelyonJ; seaLs; SawyerMichael; RoysLaura; sumpenhour@gradyminor.com Pre-App - CU - Sharon Umpenhour, 947-1144, representing Q Grady Minor. Requesting a CU for the development of an EMS station on a 3.23 acre parcel. The site will be developed to include the EMS building of approximately 5,000 SF, which will include a kitchen and sleeping quarters, equipment storage, two EMS vehicle service bays, along with staff parking, for property located at 790 Logan Blvd N, Folio No. 41820800009. "-,-~-.' ..... - . 1 Book 3523 - Page 910 I i 1 I 1- 3362253 OR: 3523 PG: 0910 iJCOlD'lD II orncu], DClIIDJ of CGl.Lm mm, n Ollll/20GI It Dt:!U1ll1lGn I. IGel, CLIO COIl mODO .00 IIC nI IMD Utll: IIDns~ !ItIJ 'leI DP Return to: MIDWEST TITLE GUA.RANTEE COMPANY OF FLORIDA 3936 N. Tamiami Trail, Suite A Naples, FL 34103 (239)262.2163 42SJOf WARRANTY DEED THIS W AlUlANTY DEED made 1hc ~ day of /J1 dl1.it ~ ,2004, by Thomas A. TomUa, . single porson hmeinafW called the grantor, to COLLIER COUNTY. . political subl!;visiOll of the stale of Florida, i13 successors and assigns bcninafu:r callc4 the snm=. ....hose poGt offICe addrus is: 3301 Tamiami TraO Eesl Nopleo. F1 34112 (WbCl""C'YeI" used herein the rerms "granlOl'" and ~gnm_ft include all the parties Ie this inamlmcmlllCl the heirs, legal RprCSelIlatives IIId usllJ1S of individuals, IDe! 1M successors II1d _Igns of corporations.) WITNESSETH: 'IDal the grantor, for IIld in consideration of the sum of $10.00 ond olilor valuable c:onsideratiollS, receipt whereof is hereby IClcnaWledged, hereb}' grans, bllrgalnl, sells, uslllJll, rem=. relcua, conveys and c:onf"'um& unIO the;nmt=. all thatcon:ain Ian4 situate inCollior County, Florida, viz:{polio No: 4) 820800009) ..... . ". V.... y V Tnct 19, Gold." Gallo Estates, Unit No. 95, in accaniance with and subjcclto 1M pial recorded In Pill Book 9, JllIiII 45, Public Records of Collier County, Florida. TIns PROPERTY HAS BEEN ACQUIRED UNDER 1HREA. T OF CONDEMNA nON AND IS EXEMPT fROM DOCtIMENTARY STII.MP TAX. THIS CONVEY ANCE ACCEPTED BY THE BOARD Of COUNTY COMMISSIONERS, COLLIER COUNTY, !'LORIO^, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2002-463 DATl!O NOVEMBER S, 2002 TOGEnlER with all \he _ellls, bereditaments and appurtenances thereto belonginl or in anywise appertaining. TO HAVE AND TO HOL.D.lbe some in fee simple forever. AND 1hc grullDr hereby co"""ants with said grantee that the gmtter is lawfully seized of said land in fee simple; that the grantor hlZ good right and lawful authority to selland coovey ..Id land; that the grantor ~ fu.IIy warTants the title to said Imd and wnI dcfe1lcl the same against lb. lawful claims of all penons whllllllOllYDr, and that said land iJ free of all cnc:wnbraru;cs, except taxes acCTUing subsequent 10 December 31. 2003, and lIUCITIartI, restrictioos and reservations of t'CCOrd, and ClISemeRlS and restrictioos ~ammon 10 the subdivision. nm:/ /WWW .c-.oll;e:r~nnr~; ~~T. ('.om/vi f\wP.T'llm ~ 1Yf\. ~~n? Agenda Item Ncp,~ 1 of 1 February 27, LUcri CU-2006-AR-l<8SQe 47 of 80 PROJECT #2006070070 DATE: 9/27/06 KAY DESELEM Q!7 noo(\ (i) :CU-2006-AR-I0~nda Item No. 88 PROJECT #20060f1ot1.Ory 27,2007 DATE: 9/27/06 Page 48 of 80 KAY DESELEM AFFIDAVIT Well, ___2K.~-U-~--------------- being first duly sworn depose and say that well am/are the ow~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. We/I understand that the information requested on this application must be complete and accurate and that the .content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed .complete, and all required information has been submitted. As property owner We/I further authorize O. Cradv Minor and Associates, P.A. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property wner 5lif-~'Vl!~;Li~J2!..-~r Typed or 'Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrument was acknowledged before me this _!d!_ day of' kp2I~~ 2006, by -;-~a____~___who is Qersonallv known to me or has produced ________________________as identification. State of Florida County of Co!!ier (Rd~ ~ ~ (Signature of Notary Public - State of Florida) __f:0~__~___E1JJ~~AvJ (Print, Type, or Stamp Commissioned Name of Notary Public) APPLlCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 88 February 27,2007 Page 49 of 80 RESOLUTION 07- A RESOLUTION OF THE BOARD OF ZONJNG APPEALS PROVIDlNG FOR TIiE ESTABUSHMENT OF A CONDmONAL USE TO ALLOW AN "EMERGENCY MEDICAL SERVICES" FACll..ITY IN THE ESTATES (E) ZONlNG DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.1.e., FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67..,1246, Laws of Florida, wid Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such. business regUlations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Developmen~ Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for an a .safety Service/Emergency Medical Facility in an Estates Zoning District, pursuant Land Dev~lopment Code Section 2.01.03.G.l.e, oil the property hereinafter described, and has found asa matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concenring all applicable matters required by said regulations and in accordance with Section 1O.08.00.D of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COlLIER COUNTY, FLORIDA that: The petition, identified as CU-2006-AR-10550, filed by Heidi Williams of Q. Grady Minor & Associates, P.A., representing the Collier County Government Department of Facilities with respect to the property hereinafter described in Exhibit "B", and the same is hereby approved for Conditional Use as allowed by Section 2.01.03.G.l.e of the Land Development Code in the Estates Zoning District, for a Safety Service/Emergency Medical Services Facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions found in Exhibit "D", attached hereto and incorporated by reference .herein. Page 1 of2 Agenda Item No. 88 February 27,2007 Page 50 of 80 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2007. A TrEST: DWIGHT E. BROCK., CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , DEPUTY CLERK BY: JAMES COLEIT A, CHAlRMAN Exhibits (attached): A. B. C. Findings of Fact Legal Description . . Conceptual Site Plan, entitled, "EMS Station #73 ConditI?naI Use" revised on 10/30/06, which is prepared by Q. Grady Minor , & Associates, Inc. Conditions D. Page 2 of2 Agenda Item No. 88 February 27, 2007 Page 51 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006~ AR~10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes-L No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access i[] case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or --.0ffect mitigated by Me.-<- ( vJ ct II ( _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based 011 the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: l ... { ...-~/ 07 CHAIRMAN: EXHIBIT A ,A.genda Item No. 88 February 27, 2007 Page 52 of 80 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional llse will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborllood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes1 No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastl'Ophe: Adequate ingress & egress YesL No_ ~. C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by J"",/h.rr _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ^- No Based on the above fIndings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / -I J-... t:) 7 g,'r;' IJ, (., ~ CHAIRMAN! cd~ { ,,4',. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 53 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-105S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with )pe Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ,egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affi:ct mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7n district Yes_ No_ DATE:/ --;! ,. () 7 . MEMBER: ;t:/~r V/tt,( /orr,' Based on the above findings, this conditional use should, with stipulations, (co~ (should not) be recommended for approval <text>. EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 54 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0S50 The following facts are found: 1. Section 10,08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency f 1M Land Development Code and Growth Management Plan: Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ( Adequate ing/s & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No a~t or _ Affect mitigated by -L Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/thin district Yes_ No_ ( Based on the above findings, this conditional use should, with stipulations, (copy attached) :::d .;t);; re;mmendod fur approvw ~e:MBER: ~~ ~ EXHIBIT A I ~ Agenda Item No. 88 February 27, 2007 Page 55 of 80 ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU.2006- AR-105S~ The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,.,.- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: \ Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: r,/ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings. this conditional use should. with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: f JIll 0 1 , '- ~ MEMBER: ;;. ___ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 56 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. 2. Section 10.08.00 of the Land Development Code authorizes the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with t~~evelopment Code and Growth Management Plan: YeSLNO_ B. Ingress and egress to property and proposed structures thereon with pmiicular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offrre or catastrophe: Adequate ingress ~s YesZ~:-~ A~~cts n iihboring properties in relation to noise, glare, economic or odor effects' . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated C. D. Compatibility with adjac t properties and other property in the district: Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>, DATE:I~/f/O( MEMBER:~ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 57 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I05S0 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of~ A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMBER: 7::' bf# DATE: 1-- /~-o 7 EXHIBIT A ,L\genda Item No. 88 February 27. 2007 Page 58 of 80 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \/'" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate il1jS & egress Yes_ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor e7: _ No affect or _ Affect mitigated by _Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district yes/ No DATE: l}li/7 MEMBER: \3YlfW S(~IH.{s~ Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for appl'Oval <text>. EXHIBIT A \ Agenda Item No. 8B February 27, 2007 Page 59 of 80 FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes f/' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No aff~ct or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district /' Yes t. No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: JII//(}'! I I MEMBER:}i~'111L.. ~jt( (lIV) ~ EXHIBIT A Agenda Item No. 88 February 27, 2007 Page 60 of 80 LEGAL DESCRiPTION TRACT 19, GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK.' 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. LESS AND EXCEPT (EXCEPTION 1) THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT '9 OF GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK 9, ". PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. . CONTAINING 21861.59 SQUARE FEET OR .5019 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT (EXCEPTION 2) COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE N.89'31 '02" E., ALONG THE SOUTH LINE OF SAID TRACT 19, A DISTANCE OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF THE 100.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD, AND THE POINT OF BEGINNING; THENCE N.00"28'58"W., ALONG THE EASTERLY LINE . OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A POINT LYING 35.00 FEET SOUTHERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.89"54'03" E., ~ PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF= 71.90 FEET; THENCE S.02"5S'14"W., A DISTANCE OF 174.96 FEET, TO A ~_ POINT ON THE SOUTH' LINE OF SAID TRACT 19; THENCE S.89'31'02"W., ALONG THE SOUTHERLY LINE OF SAID TRACT 19, A DISTANCE OF 61.86 FEET TO THE POINT OF BEGINNING. CONTAINING 0.269 ACRES, MORE OR LESS. EXHIBIT B cor--o ..SP 25 co "'\1'0 r--:..,.- ENlO Q) >- (l) ==\-0') CilCilCO '"02D.. c.J::J Q)(l) OlLL <C " " " " " " " " " " " " " " " " " " " II 1/ " 1/ 1/ 11 1/ " " If " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " II " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " ,I I' " II ,I ...~,. =::;::=~.::;::.:::~P' ~~~::::::~I ======-- ---::."==."::..~".... " -, -- '- " " " I, 'I " II " " " " " " " " " " " " " " " " " " III ,. .~ il , p.1 0, I lj, 11 iill !~;U w g~ ,," ' ' 'I ,," " I !~ ,:: ~ : . .~ ,," " ' ' . ;, ii ::: @I~~ ~~ ....:: Ii I r+----+----+ ~o F If ~ ~ 'I' ':' ----,---..--,. · n \~il :i; , + +' ,,~:~m , :: :: ' : ' . . " .J "; :. 1! !! i:'1 ! + ,i + + ~ + ~ ~ 1+ + + ~ ,! ,. ! ~ ~ ~ ~ ~ ~:: I:: 77 7l ,~!.g"'...1S '" " ' .:.. ,,: . s II:: :: : :, !.: I. · r::: ::/: I + +f;; + +, ~ !:- :::: :: : ':" . !. ~.I :: :: :: I : · · .' · .: ." ! :: 1\ ::11 · · :. d~ . :: :: " , . . . ,0"' ! :::: :: : '1 1~~ ! Ii 11 ji/ i" .~ ~~~ ,I :: II ::" ;' ,.1 :: II ,,:," , ..iil iil Ii ii iill I:! ~~I : ~~i !~~ ~ " " ' I ' ,_:! - W ia! :::: :: I ,:1: I lU~.1ii S ,'~" I:; II It II I : ," If ' " :: I :" ,_, ,. - · · I"' ..' :::: ~ ,:: :,: " ' 'II!! :5 :~: ~ ~ID :::: i! 1:: :!: II ' ~ · ,I.a 3 ii I::: :x: I'l' :,:.1 .' ~I:!~'" ~ ".11 ii" ~ :i 11 i' 1 !l : "~ ~ · ;~' :::: ; !! :!.:i : " i !S~ .i.' ~.; :::: Iii :: I:"" : " ' .KO ~ "::iifilJO d !!1~ "" IX "'ii ,- , II - .~;" ~ · ! · ., :::: ~ I: :\l!! :1 : i I ~.,ili dl ll. ,:I!! ~ j:j It- ~ ~ ,.., . ::: :1: . I ""' 0 ,'~c;lU ~ 1-:' "it!: Jil, :::: ~ " I ,-' ""' i' ~ ' > · · "" :: f'-:': i.e'.' -~ .. I~'II~ II :: ", ,0-+_ ' ,,~ ~ \:g ~ II' B ~ :: :: II ~ : _ , I ~ 01 Il: , B !i a il II II :: /"' .L ' I, . :: :: ~: ~ i ,,- ' ! "" 'I liD ,- :: :: I," II Ii, :::: I: I ;~ :1 · U II :: I' ":i ! :::: ,,' , " II:: ::.:' ,~ ~~"'lifll~" r: n ::'. ~. :i ' · U II II I "" "I I !l!liU :::: ::: I WoSd'" "" ,,' ;' llJ} (": i · ~ i . ~ IJ : " · I \i ,~ ,~ b~!! '" ,t ,I .,..,. ' ~ ~19;i tli I'''' :, .,.., ' .,~ ~ I~ : '''<lJ · 0 " ':' ,..-- . ~ ,\' I --======-- ,! ..~ \!: --=====- , -.----/, \ ,'___ ~~ ! ------1 ' , 1 - --------/ '--- ..' ,----- . 'i ~ : ,..".....}!'G'NOOU,"';,;,;;--------- --,__--\-L '. · I; I' ,-c=~=~=~;:~:::::::~:::.............~....~~~.. i ~;! d'i /.~~~.------".~--f-..--~=.~:~~~~~ -~=~"<i~..,. III I" ,--- ---- f -, ,----!. i~ I ----:: II ::=::=::=:; (~:=_J 'I:: : " ' " " dl " " " " rr)) 1111 II It 1111 n II lilt II Ii II It Ii II II U 1111 UlI It n 1111 It II lilt 1111 IlII 1111 1111 ~i ~ 5if g~h V> I" V> OIl < I! ! I cliJ; . Iii ~ ~!i~ i ~=" j E ~~h ~Iii ! t.:l i 6'g I U I- ~ :z:: >< w Agenda Item No. 8B February 27, 2007 Page 62 of 80 CONDITIONS FOR APPROVAL FOR CU-2006-AR-10550 1. The eonditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 Conditional Use eonceptual Site Plan," prepared by Q. Grady Minor & Associates, P .A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable eounty ordinances in effect at the time of submittal, including ehapter 10.02.03, Site Development Plan (SDP) review and approval, of the eollier eounty Land Development eode, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Department staff to install an egress point from the site to Vanderbilt Beach Road during the SDP review process. 4. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 5. The applicant shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP review process. 6. In addition to the required landscape buffer, the applicant shall provide a continuous 6-foot height wall along the south property line for a distance that continues to the beginning of the South Florida Water Management District wetlands not to exceed a distance of 267 lineal feet. 7. elearing limits shall be shown on the EMS Station # 73 site plan. 8. The EMS Station # 73 garage door heights shall be limited to 12-foot height. 9. The EMS Station # 73 site shall be limited to emergency medical services use only. EXHIBIT D G: Current! Gundlach/ Conditional Uses/ EMS Station #73/Exhibit D Conditions 2-9-07 ffii:;O __. 0 CO ,"'0 _-C"') c:N'" Qj >. a.J ::;:j...0') co COCO -020... c;-O QjQj OlLL <( " " " " " " " II " " " " " " " " " " " IJ II " II 1/ 1/ " 1/ " 1/ " " " " " " " " " " " " II " " " " " " " " II " " " " " II " " II II " II " II II " " " " II II " II II II II II " II II " II II II " II " " " " " II II II " " " II II " " 1/ " " " II II " II I' ,J/ =:;;::.::.::~~p' ~~:::::::~I ===-====":..":.- " " -, '\ '\ " '\ " " -, 'I II " " " " II II " " " " II II " " " " " " II II II II II II Ii " " II \, II " II \\ U \\ II \\ II U II \l It \\ It " II \\ II \\ II l\ 11 " II \, II \\ II l\ " !i :: II :: II II II U Ij n 1111 1111 1111 1111 1111 fIll 1111 1111 II II H :: 1111 II II II n II II 1111 'IU IIn II " 1111 II J/ II II :~ :: 1111 ,~ II till II II 1111 Ill' lt If II " II II 1111 IIn JIll fj II 1111 1111 1111 1111 1111 1111 It II 1111 1111 1111 1111 1111 1111 1111 1I11 II II 1111 " II 1111 tIll 1111 'III 1111 lilt 1111 IIII 1111 1111 1111 1111 II 1/ " " II II 1111 1111 1111 1111 llJ) (r)) 1111 1111 1111 II II 1111 lilt II n Ill! II II II n 1111 U II 1111 1111 1111 II tI 'I II 1111 till W 01 ~ll 111m ~~ e~$ ~ Iii f2 i! l~ ~i il ill "I ~~ ill II ' 2 i Ii; , :Ill ~I n: i ,.----.---.--- -l'JU' !11! i:l-:.... -:--;-:-r id iij ;11 i.!.... .,i . · . -I: l~nh ::li i :. .' II ..: ~ !. · ~ i i'! . .'" · I. i ~ ! " : : I" ..,1 ~.. i Jill !., . ,'.' · :, dl ,I n: ,-'4Y · .: ~i! III i i; i · .1 ~ ~n ,I "I :1: ~ + II iIi~; , ,,' :~ i I ". i! ill i; i II : ~~i !g~ ! I :1 i' i fi. it~ Iii i i: I 'I : 'i~~ ~!ii : i :~ 1 II ~ g I a !~~ "I: :1' .! I' "15ol~ I:' 'I: II ..' 0 · · I, il :_ : ! : I;~ ~ i~~ iil i!~ i: 1 _.I,,! I" mi ,~U Ii !r'l ii i .. i ~ ~ i · ,~.~ :: I: I i! i .. I 5~ ~ !;I ~ !~~. :: f- ," : i ~e' ,II 5 !...5 :: : ,{.+_ I .. ~ 0 ' :: I~' :L-' , I, ~ I " . " I I. ' :: l :1- I ! Ii . ii I I ,: I ~. :1 I ' ii,' g ii I ! :: ,:" I 1l;~1 Ii: [" :i I ~,:, ::1: :- : ~... (Ij! !i. : ~ r:'1 \: ,I ,____ I ill m' !l:rJCl. "I l\~, :r.'.. -- I · i'l li I" '..,.., - 9' I: ' i'''~<<-- I ~ Foil S rrl '. I,! --=::.=::.======,,=,,- . , Ii , ~ -._----': " ' , ,_ ~~ ' '___ 1 i : -__m____j " : --- ,----' II ~ i ,F"-""}~~ "',u;,AA;,----------~ - --i -- --+- L ' I! l'-j~o:::':::::;;;;;;;;;;:r:=.-.:~~:.,-........-~....~'-':'1 Iii I ~~~~:=--- ._-- ---- d't~ --,,--~--~-~,,-- -,~~---~~~-:-~-==~'~'~'~' I,. -, -====---- =If ----, r---- I i ----: '==::=----:\ /_-_m___J I~ ! II -----=::--- 'I!! : " ' " " ill " " " " ~ a: J: ~ <ll !::; ~ UJ ~ ~ ~ . ~ ::::. ~ <;:) ~ ~ ~ I.J .., '" ... ~ I ~ I !~ d I 51 ~ ~ ~ fl; u ~ ~I ~~~~ ~3h I Cl)i. ~ ~~U !J 15!U i ~ 7 Ie> ~. ~ ~~I' 91 i I ~ i~ I o i 6g I U t- ii - :r: >< w ~'l!!:! IE~ ~c:! ~ii Agenda Item No. 88 February 27, 2007 Page 64 of 80 Aerial Photo CU-2006-AR-I0550 Agenda Item No. 88 PROJECT #200607007Bebruary 27,2007 DATE: 9/27/06 Page 65 of 80 KAY DESELEM TRAFFIC IMPACT STATEMENT FOR COlliER COUNTY EMS STATION #73 Prepared for: eollier County Board of Commissioners Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 SEPTEMBER 2006 C~.qdf#J C. Dean Smith, P .E. FL 44147 G:\PROJ-ENG\CCU33\TIS\CCU33TIS .DOC CCU33 Agenda Item No. 88 February 27,2007 Page 66 of 80 COLLIER COUNTY EMS STATION #73 INTRODUCTION The Collier County EMS Station # 73 is proposed on a 2.23 acre tract located on the southeast comer of Logan Boulevard and Vanderbilt Beach Road in Section 4, Township 49 South, Range 26 East, Collier County> Florida. The subject SDP application requests approval for construction ofa4,985 square foot EMS facility with 9 employees. For a depiction of the project location please refer to the location map on the following page. SCOPE The following analyses are included in this report 1. Trip Generation Calculations presented for Peak Season Daily Traffic (pSD1) including the respective peak hour volume. TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (TIE) does not include data for this type of essential facilities use. The trip generation calculations that follow are based on all 9 employees arriving or departing during a single peak hour. In addition> the station is expected to have approxiinately 5 emergency nms per day. If it is assumed that 2 emergency runs exit and return during the peak hour, this will add 4 trip ends to the projected 9 employee trip ends for a total peak hour volume of 13 trip ends. Similarly> the total daily traffic volume would be expected to be 4 trip ends per employee and 5 emergency runs, or 46 daily trips. DISCUSSION The total weekday trip generation for the project is significantly less than I >000 trip ends and the peak hour volume is significantlyless than 100 trip ends. The project impacts are not significant on the surrounding roadway network. G:IPROJ -ENG\CCU33\TIS\CCU33TIS.DOC ("'MY"" ,-... - .... ~ u '-" ~ o ~ o ~ ~ r.:.. ~ ~ 25 36 EMS STATION #73 CONDITIONAL USE LOCATED IN SECTION 04. TOWNSHIP 49 EAST. RANGE 26 SOUTH. COLLIER COUNTY, FLORIDA 1 12 NAPLES IIMMOKALEE ROAr (C.R. 846) 30 29 28 \ 31 32 33 34 6 VANDERBILT BEACHROAD i"\:___S TE ~. 4 .3 > ~ 5 o ~ 5 1I1 t- I ~ ~ et:l ~ g S! o 0::: 6 f-< [IJ o ~ >- - .....:l ~ I.:> o ....:! 7 8 9 PINE RIDGE ROAl (C.R. 896) LOCATION MAP Q. GRADY MINOR & ASSOCIATES, P.A. CIVil. ENGINEERS. LAND SURVEYORS. PL.ANNERS . LANDSCAPE ARCHlTECJ"S BONrrA SPRlNOS: . POJt.TNYElU . NORTH P01lT CZJq)O/,MW. (UlJMO-LSM 'INoOWWllll t..-u,"cr:r.__Cl_ ~taq..._..w_ ...wOItMt~T"""\."-"" WWW.GRADYMlNOR.COM Agenda Item No. 8B February 27,2007 27 - 1I1 ~ ~ u ~ ~ o o ~ ~ ....:! ....:! o U 10 @ .... .~ Agenda Item No. 8B February 27,2007 Page 68 of 80 Q) \- STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION NAME OF APPLlCANT(S) COLLIER COUNTY GOVERNMENT. DEPARTMENT OF FACILITIES MANAGEMENT ADDRESS 3301 TAMIAMI TRAIL EAST CITY NAPLES STATE FLORIDA ZIP 34112 TELEPHONE # 239-774-8380 CELL # FAX # 239-793-3795 E-MAil ADDRESS:RONALDHOVELL@COLLlERGOV.NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 790 Loaan Boulevard LEGAL DESCRIPTION /' Secti 0 n IT own s hip I Range .M./1.9./2..2 lot: _______ Block: _______ Subdivision: ________________ Plat Book ______ Page #: ________ Property I.D. #: 41820800009 Metes & Bounds Description: Please see attached Boundary Survev I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM (Z! b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM 0 PROVI DE NAM E __________________________ d. PACKAGE TREATMENT PLANT 0 (GPO capacity)________________________ e. SEPTIC SYSTEM 0 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/ /4/03, rev 5/20/2005 ,",' Agenda Item No. 8B February 27, 2007 Page 69 of 80 TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM r:gJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME ________________________ d. PRIVATE SYSTEM (WELL) 0 tJtQ;i!.S;t;.:p~Bi~ffuQli~TQJ~~~~sERva~: N 1 A R'#:J.~~ji)(~1~1,;fig~~ai.~J.~[Y~Q'E&'~N:i\:)~"$ .....~~~~.~......h~.,I~<....,L~, ."...~..,. ....,..'... ..t_."...~.....". . 'Ill~~ A. WATER-PEAK 1.800 GPO B. SEWER-PEAK 1.800 GPO AVERAGE DAILY 900 GPD AVERAGE DAILY 900 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 3/2007 N~l~~~~:~mAl"i~Nft~ 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. No sewage treatment facilities proposed. ~,~li!glt~~NtI1i<t~Umf~Fnt:':pEt~l~rlbNisTATEMar;tr:, 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 or9inances 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. ~~~~~i~~~~H~~~~~Unlessw~ved or :i!ll_;.;_..~__~,~,~i8:Ii.Ji.W.:.~~.~~"..,,'... .'.,.".,..~~:,..tt.~~..tJ~)';:tl".,~. J.,-.,'~~J.:.~_,.",.\_Il-,: . ...~"~,....,.!~~.."T..~~lr....i........~ " 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. NA APPUCAnON FOR PUBUC HEARING FOR CONDmONAL iJSE - 4/14/03, rev S/20/200S ~--_. AA.~lte~B1r CU-2006-AR-rp1!!lKJary 27,2007 PROJECT #200601llQjlil70 of 80 DATE: 9/27/06 KAY DESELEM VANDERBILT LOGAN EMS SITE Protected Species Survey Boylan?!" E '''-' nvironn1e~1-' '. Consultants, iAc. Wetland & Wildlife Surve!~onmenta/ Permitting, Impact ks~ssments 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33912 Phone: (239) 418-0671 Fax: (239) 418-0672 June 27,2006 - Agenda Item No. 8B February 27,2007 Page 71 of 80 INTRODUCTION Two environmental scientists from Boylan Environmental Consultants, Inc conducted a field investigation on the 2.23:1: acre property on June 1,2006. The purpose of this field investigation was to identify the presence of protected species, species habitat, and approximately locate any sensitive lands such as wetlands. Additional time was spent conducting FLUeeS mapping. The survey was conducted between the hours of 12: 15 pm and 2:30 pm. During the site inspection on June 1,2006 the temperature was in the mid 80's ranging from 84.90F to 87.1 of. It was partly cloudy outside with a median 6.35 mph variable direction wind gusts (weather information taken from www.weatherunderground.com). The site is located in portions of Section 4, Township 49 South, Range 26 East, in eollier eounty, Florida. Specifically, it is located south of Vanderbilt Beach Road and east of Logan Boulevard in South Naples. SURVEY METHODOLOGY The property was surveyed for the presence of listed species in accordance with the overlapping belt transects method as outlined by Kevin L. Erwin, eonsulting Ecologists Inc.. This method is comprised of a several step process. First, vegetation communities or land-uses on the property or study area are delineated on an aerial photograph based on nomenclature of the Florida Land Use, eover and Forms elassification System (FLUeFeS). Next, the FLUeFeS codes or land- use types found on the property are cross-referenced with the eollier eounty Protected Species List. This protected species list names the species that have a probability of occurring in any particular FLUeFeS community. Then, each community is searched in the field for the species within that particular FLUeeS type. An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10-40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addItion, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of this report lists the FLUCFeS communities found on the property and the corresponding species that have the potential of occurring in them. Transects were walked approximately as shown on the attached protected species survey map. Particular attention was placed upon locating potential fox squirrel nests, locating ReW cavity trees, and eagle's nests within the forested portions of the property. Nearly 100 percent of the property that was considered as potential tortoise habitat was surveyed. In regards to wetlands, the U.S. Army eorps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) are the regulatory agencies that regulate development activities in wetlands. When determining the presence of a wetland the AeOE uses the eorps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and SFWMD uses the Florida Wetlands Delineation Manual (1995). In general, to be considered a wetland by the AeOE or the SFWMD, the area should exhibit two of the following; wetland hydrology, wetland vegetation, or hydric soils. Because hydric soil, wetland hydrology, and wetland vegetation are indicators in considering an area as a wetland, we searched the property for these parameters. 2 - Agenda Item No. 88 February 27,2007 Page 72 of 80 In addition, Soil eonservation Service (SCS) soil survey mappings (now the Natural Resource eonservation Service) were reviewed for the presence of hydric soils. The presence of a hydric soil may indicate the presence of a wetland. These soil mappings are general in nature and were mapped at a scale of 1:24,000. Following is a discussion in regards to on-site conditions of the subject property. SITE CONDITIONS On June 1,2006 the temperature was in the mid 80's there was a light breeze with clear to partly cloudy skies during the field investigation. The site was undeveloped, but appears to have a long history of disturbance. At one point in time the westernmost portion of the site contained a single family residence. The soils on the property have been mapped by the Natural Resources eonservation Service (NReS), which show that the property is underlain by Malabar fine sand (3; hydric), and Holopaw fine sand (27; hydric). All of the soils mapped on the property are in the Hydric Soils of Florida Handbook (2000) as hydric. See the attached soils map. Listed below are the vegetation communities or land-uses identified on the site as shown on the attached FLUeeS map. See Florida Land Use, eover and Forms Classification System (Department of Transportation 1999) for definitions. Uplands The following communities would most likely be considered uplands. These communities did not contain any hydrological indicators, and were dominated by upland vegetation. There may be no wetland mitigation required for impacts to these non- jurisdictional areas. Approximately 0.99 acres of uplands were identified on site. 411 Pine Flatwoods (approximately 0.21 acres) This forested community was disturbed in nature and contained approximately 25% exotic infestation. The canopy was dominated by slash pine with scattered bald cypress. The presence of cypress in the canopy is most likely due to prior hydrological conditions, which are no longer present in this area. The under story was dominated by Brazilian pepper with scattered earleaf acacia. Ground cover included Spanish needles, grape vine, rag weed, Bahia and various grasses. Since. the majority of the vegetation in this community was upland vegetation and signs of hydrology were not present, we believe that this area would be considered an upland by the authorities. 422 Brazilian Pepper (approximately 0.23 acres) This upland forested community contained a canopy and mid canopy dominated by Brazilian Pepper. Very little grew under the dense shade provided by this exotic. Scattered garbage was present. No signs of hydrology where present. 3 Agenda Item No. 88 February 27, 2007 Page 73 of 80 740 Disturbed Lands (approximately 0.55 acres) This upland community consisted of the priorly disturbed areas of the site. The majority of this community contained a fill pad which at one time hosted a single family residence. The other area of this community consisted of a small pathway in which landscape debris has been placed. When present, the vegetation throughout this community contained rubber tree, slash pine, earleaf acacia, queen palms, ficus, Spanish needles, rag weed, false button weed, Bahia, and St. Augustine grass. The majority of this community was bare ground. Wetlands The following community would most likely be considered a wetland. This areas was underlain by hydric soils, was dominated by wetland vegetation, and signs of hydrology were present. Hydrological indicators may include staining, lichen lines, algal matting and adventitious rooting. Wetland vegetation is present if the majority of the plants that are present are ones that are adapted to saturated soil conditions. SFWMD and the eorps may consider these areas as jurisdictional areas. Mitigation would be required for impacts to these areas. Approximately 1.24 acres of wetlands were identified on site. 621E4 Cypress with 75% exotic infestation (approximately 1.24 acres) This community contained a canopy dominated by bald cypress and melaleuca with widely scattered laurel oak, earleaf acacia, java plum, mimosa, and strawberry guava. Portions of this community contained Brazilian pepper infestation. The ground cover was scattered and patchy. The mid canopy and ground cover vegetation included myrsine, salt bush, button bush, saw grass, dog fennel, ceaser weed, cyperus species, smilax, and swamp fern. The majority of this area is highly disturbed and hydrologically altered. The best quality portion of this wetland is along the easternmost property boundary. Hydrological indicators were scattered and inconsistent however did include staining and adventitious rooting. Table I: FLUeeS eOMMUNITIES BY PEReENT AGE FLuces DESeRIPTION ACRES PEReENT 411 Pine Flatwoods 0.21 ac. 9% 422 Brazilian Pepper 0.23 ac. 10% 621E4 eypress with Exotics 1.24 ac. 56% 740 Disturbed Lands 0.55 ac. 25% Total 2.23 ac. 100% *Total Wetland *Total Upland 1.24 ac. 0.99 ac. 56% 44% 4 Agenda Item No. 88 February 27,2007 Page 74 of 80 SPECIES PRESENCE During our field survey for protected species on the property, we did not observe any listed or protected species. No tortoise burrows were identified. A small nest-like structure was observed, however it was most likely due to the presence of gray squirrels. The nest was too small to be considered a daybed or fox squirrel nest. Evidence of gray squirrels was observed. We also observed burrows belonging to armadillos, which were not marked in the field. There was no evidence that these burrows were being used by gopher tortoises. While no wading birds were observed during the survey it would be expected that wading birds may utilize the onsite wetlands. Based on a review of the latest bald eagle nest site map for the 2002-2003 season, no eagle nests were documented to occur close enough to impact the property. The nearest documented eagle nest was approximately six miles southwest of the property. DISCUSSION The lack of tortoise burrows is likely due to the relatively high water tables in the area and the lack of habitat. The uplands and wetlands are very disturbed in nature and would most likely not support any protected wildlife. This site did contain wetlands. These wetlands area hydrologically disturbed in nature and highly infested by exotics. The wetlands have been flagged and surveyed. However the wetlands have not been verified by the authorities. 5 Agenda Item No. 88 February 27,2007 Page 75 of 80 Table 3 Protected species list according to FLUCCS category obtained from Collier County with corresponding field survey results. FLUCCS Potential Listed Species % Present Absent Density Visibility Coverage (ft) 411 Beautiful PawPaw 100 X 20 Big Cvoress Fox Sauirrel 100 X 20 Eastern Indigo Snake 100 X 20 Fakahatchee Burmannia 100 X 20 Florida Black Bear 100 X 20 Florida Coontie 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Gopher Tortoise 100 X 20 Red-Cockaded 100 X 20 W oodoecker Satin leaf 100 X 20 Southeastern American 100 X 20 Kestrel Twisted Air Plant 100 X 20 422 NONE -- -- -- -- 621 American Alligator 90 X 20 Even!lades Mink 90 X 20 Florida Black Bear 90 X 20 Florida Panther 90 X 20 740 Burrowing Owl 95 X 20 6 B <', B Z~~ Qj Iii o II) - n r;;il ~ -< ~ U -< ~ ~ ..". ..". ~ N r;;il ~ ~ ~ ~-M I:I:NN UOO -< u u U tIS tI:l tIS '00\,..., 'OO\N oON Q Z [;Iil ~ r;;il ...J rI1 U U ;;l ...J ~ U) .~ ~ Z...O tlQ Oell8.~.g e - 0 c...s Cd C) t ~ ~ ._....l -< ~.c.r:::;?;"O Q) ;z;; tI:l td ell ~ .~ u ii: ;.::; lG ... .. rfJ rfJ Q)'~ a.g ] ] r;;il S ... >>.- 0 0 QP"o:lUOI:-I:- r;;il ..". Q UJ O......l"l-O u......~~~ \\1 1 i j i W I- en en :E w z <( CJ o -I ~ co a: w Cl z ~ a.. <( ~ en U U :J ...J u.. '" .. ';:: ~I .. oS :I! .; ,.Q ~j "i: ! .. .. '0 :~ ~J o -= i~1 ~ == ~ ] 1 ~ 3 -~. ::: 1:1.:1 c: ~ 9 ~ J~ ! = 0 ~t I _ ~" l ~ t' l:Iu. j ~~ I~ w (I:) C\I en Cl) ..r :;r .. '0 z: A~ nnn u . . . . ~I I II I II I I 1 I I I I 1 I '111..),.1.11 ~. . I~ 61 I . . \c. I I I " I I I I I I c . .~. c.~. f" =>. c ~ II ~:-: z ::: o (/) - -- :: .S i Q,l; ~ [l3 ~ ~ s """.5 ; !~ ; J= ...J -;~ ~ ==> 1)l .!P~ = ....- f! ;-0 ~ [3 J GI __ ..., - c.l~ CIII Q,l = e ~'C Q ~ -== :z; E ~-= r;;il lS: ~-g ~ -< l)= [;Iilm-; ...J nnn Q, 5 ~ iUUi ~:5! g ..". ~ 1- [;Iil 0 c,:,~tI:l -< M ...J~~~ ~UOO -< U 0 g ~ tI:l 'OO\~ V')~C'-! lOON ~ Z f.1il c,:, r;;il ...J rfJ U U ;;l ...J ~ (/) C) '"6 If ... :< '" Q) ~ '" &oW] !J -"8 fir-S....l <: ~ ~ p.. .~ "0 ~ ~ ~ C Q) ._ ~tuCdU)~ 00 ;Z;; -.- '" ... .. ":::l U.....==2::.8S;:l rfJQ)NQ"",OO S tI:l >..- r.- [;Iil. ';:UOr.- Qp........ w C en en :E w z <( (!) o -I ~ CD a: w Cl Z ~ a.. <( ~ en en a. "'Cl I I c III ..J 0 (!) u.. M ... -5 E <Ii ,g~ "0 E E '" 'S '5 [W III < EO i ~3 '" Gl =.c. 0- (/)E ~.g f'.. (/)~ =>'" N lD U U ::s 'C: 'C: --0-0 .5>->- (I)::!:::!: t-t') -g-g casas E,cncn _alII> Q, C .S: "t:u::u. W ~ 3: ~~~ as 0 mo ::iE::!: o z lI)C")~ "0 (I) I ~ " J ~ z~~ Qj Iii o UJ \'I:M'W :.l.a -.....t.G'"W MI9C=I - OOOZ Ll""" 1J.AD,lY1:'- ""90-I.Z' _ a 1IOS\9OOJ\aLIS swa ......, .L___A~ A-fl\jal\:X CD :!:::: en en ~ w c tU C) o -I :;:.- a. a3 ~ ~ '0 en <( o en :J ..c '- Q) "C C tU > ~ "0 c.> w (I:) C\l en Cl) .". :;r ~ ~ i ~11 .:!l . c ~ ~ f.... s ~H! ~ ~ 1 II f ~ ]- c:!.. l ~~U I ; .. - Agendj*i~ N9f dB February 27,2007 Page 79 of 80 GundlachNancy From: bedtelyonJ Sent: Wednesday, November 22,20061:50 PM To: GundlachNancy Cc: warnold@gradyminor.com Subject: EMS Station #73 CU-2006-AR-10550 FYI: I spoke with a neighboring property owner today who is adamantly opposed to the proposal. She's a 72 year old resident who bas her place on the market for sale and said the EMS station would "ruin the area". Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Division Administration 2800 N. Horseshoe Drive Naples, FL 34104 239-213-2948 FAX: 239-403-2395 11/27/2006 / ~~: 'Y -;,,~ ~A~~ ~ /'.flndalt~"o.8P..J. .W. 7~ Page 80 of 80 November 20, 2006 RE: Proposed EMS Station off Vanderbilt: JUST SAY NO WAY to conditional use. Comments for Meeting held at Vineyards Park on Nov. 29,2006 As a resident of the Vineyards, I commute on Vanderbilt Beach Road each day to and from work. When I saw the proposed EMS Station near the community I live in, I was quite surprised at the lack of planning involved in this decision. Why would an EMS Station be built within 100 feet of a North Naples Fire Station that could easily house an EMS unit? Ibis seems like a duplication of services to me. It also will create more traffic congestion on one of the few feeder roads to Golden Gate Estates. ~ If our tax dollars are utilized in a manner that benefits us, then let's look at a joint services station. The property for the North Naples Fire Station is literally down the street from the proposed location of the EMS Station proj ect. Imagine the number of car accidents as two separate agencies are responding from two separate locations only a block away. The congestion on this road, both at rush hour in the morning and evening is bad enough, and there has to be an alternative to the development of this station. It would behoove Collier County EMS to study the new location of the North Naples Fire Control and Rescue District property as there are already many EMS units based in these stations~ Let's make this a win-win and not a waste of money for taxpayers. The plans for the fire station can easily incorporate EMS quarters and house an EMS unit. Has this option been carefully studied? I don't think it's been reviewed properly as an option. Thank you for your consideration in reducing the traffic on this congested road. J;:;-~ Laura Pacter Resident Vineyards 5941 Almaden Drive Naples, FL 34119 Agenda Item No. Be February 27. 2007 Page 1 of 69 EXECUTIVE SUMMARY Petition: RZ-2005-AR-7271 Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERA TIONS: ~,....-~ The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The petitioner states in the application for public hearing that rezoning this site to the Public Use zoning district will provide notice to the surrounding property owners and the public in general that future uses proposed for this site include an Essential Services facility. Provision of this facility at this site will protect the health, safety and welfare of the citizens of Collier County. The agent states, "The essential services proposed will bring required governmental services closer to the neighborhoods where the demand is created." FISCAL IMPACT: The 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 rezone is approved, a portion of the existing land will be developed and the new development could 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 pennit review fees and utility fees associated with connecting to the County's water and sewer system. ,- Please note that the inclusion of impact fees collected is for informational purposes only; it is not included in the criteria used by Staff and the Planning Commission to analyze this petition. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 BCC Page 1 of 8 Agenda Item No. Be February 27, 2007 Page 2 of 69 GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed- Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan. Also, this site - and the entire Urban Coastal Fringe Subdistrict - is within the Coastal High Hazard Area (CHHA), as depicted on the FLUM and as described in Policy 12.2.5 of the Conservation and Coastal Management Element. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC), Section 2.01.03. The requested rezone to Public Use zoning district limits uses to essential services. Also, the Urban Coastal Fringe Subdistrict limits residential development to a maximum density of 4 dwelling units per acre, with a few exceptions, "in order to facilitate hurricane evacuation" and protect adjacent Conservation designated lands. Transportation Element: Transportation Planning Department considers this petition to be consistent with Transportation Element Policies 5.1 and 5.2 of the Growth Management Plan; if the approval is limited to allow Essential Services uses only. Other uses typically allowed within Public Use districts would be deemed inconsistent with Policies 5.1 and 5.2 because the trips those uses might generate would not meet concurrency requirements for a rezoning petition. If and when a Conditional Use is submitted, transportation issues will be reviewed again in their entirety at that time. A determination regarding GMP Transportation Element consistency would be made at that time. Other GMP Elements and Sub-Elements: This petition is affected by the Potable Water Sub- Element and the Conservation and Coastal Management Plan Element (CCME) of the GMP. Comprehensive Planning staff provides an in-depth analysis of the issue (see attached memo). Because the review for these two items is lengthy, staff has included a copy of the actual January 22,2007 Comprehensive Planning Department memo for easier reference. In summary, there is a conflict between those two elements of the GMP. The Potable Water Sub-element identifies the subject site as an appropriate place to locate essential services, while the CCME appears to preclude public uses from locating within the Coastal High Hazard Area, which is where the subject site is located. In the EAR-based GMP amendments hearings held on January 25, 2007, the Board adopted a revision to CCME Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain. Because the Potable Water Sub-Element policies, similar policies in the Sanitary Sewer Sub-Element; and possibly other Elements/Sub-Elements, are in conflict with existing CCME Policy 12.2.8, the Board also voted to delete Policy 12.2.8 to eliminate this conflict. If the amendments are found in compliance with the Florida Statutes by the Florida Department of Community Affairs, the amendments will become effective in approximately 80 days. Because the changes are not yet effective, the Board will still need to make a formal finding of consistency noting the policy changes adopted that eliminate the inconsistencies. Staff offers the following language to support that finding: Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 2 of 8 Agenda Item No. Be February 27, 2007 Page 3 of 69 site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. Based upon the above analysis, staff concludes this petition may be deemed consistent with all aspects of the GMP if the finding included above is adopted as part of the recommendation. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and prepared a staff report for the Environmental Advisory Council (EAC) hearing of December 5, 2006. A copy of that staff report is included in the back up material. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on January 4, 2007. During the discussion of this petition a conflict within the Growth Management Plan was discovered. Staff was directed to inform the Board of this issue. Although the FLUE and FLUM recognize the appropriateness of the proposed essential services use and the Potable Water Sub-Element contains a map that specifically established this site for the essential services use, the Conservation and Coastal Management Element (CCME) contained language (Objective 12.2 and Policy 12.2.8) that prohibited public expenditures on projects that are located within a coastal high hazard area unless the facility is designed for public access or for resource restoration. Since the CCPC hearing, the Board heard the EAR-based GMP amendments on January 25, 2007. At that hearing, the Board adopted a revision to Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain and voted to delete Policy 12.2.8. If the EAR amendments are found in compliance with the Florida Statutes by the Florida Department of Community Affairs, the amendments will become effective in approximately 80 days. Because the changes are not yet effective, the Board will need to make a formal finding of consistency noting the policy changes adopted that eliminate the inconsistencies. Staff offers the following language to support that finding: Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 3 of 8 Agenda Item No. se February 27 2007 Page 4 of 69 Staff believes the action outlined above should adequately resolve any GMP conflict. The Growth Management Plan discussion of the staff report has been rewritten to more fully address the conflict. Commissioner Murray made a motion and Commissioner Adelstein seconded the motion to approve the petition with a 7 to I vote with the following stipulations (noting however that the pending SDP that proposes adding to the existing well site use shall NOT be subject to these limitations): 1. The uses allowed on this site are limited to the description found in the LDC Section 2.01.03 as further described below: Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRP AS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone servIce, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be pennitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the pennitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well pennit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the pennitting agency's scheduled public hearings. 2. Structures shall not exceed an actual height of 60 feet, measured from the centerline of the road. 3. Structures shall maintain a 100 foot wide minimum setback on all sides. This petition cannot be placed on the Summary Agenda because the CCPC vote was not unammous. ZONING STAFF ANALYSIS: - 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 zoning staff 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 zoning staff considerations and findings recommended by staff are noted below: Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 4 of 8 Agenda Item No. se February 27, 2007 Page 5 of 69 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 GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Not applicable. 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 use is a logical use in this area given the developed areas and the potential for additional development based upon the current zoning designations. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Finding:: Staff believes this project will be compatible with the existing land use patterns. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se, especially since the uses to which the petitioner has limited the rezoning to allow are already permitted uses in the current zoning district, however the rezoning is being requested in compliance with the LDC provisions to seek such changes. There is a water storage facility onsite now, and the use is proposed for expansion as part of an amendment to the approved Site Development Plan (SDP A). The SDP A proposes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility is located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. This use is an allowable use in the current Agricultural zoning district and it could continue, if so desired, however the petitioner states that they wish to rezone the property to a zoning district that will more accurately reflect the county's intention to develop this site for a public purpose, thus putting surrounding property owners "on notice." 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. Whether the proposed change will adversely influence living conditions in the neigh borhood. Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27,2007 Bee Page 5 of 8 Agenda Item No. se February 27,2007 Page 6 of 69 Pro: The proposed change will not adversely influence living conditions in the neighborhood because the use to which the petitioner has limited the approval to is extremely limited in scope. Uses of increased intensity would require further public hearing action therefore the neighborhood would be advised and staff would have the opportunity to further analyze any proposal. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: The proposed development is complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. The amount and types of noise and odors, and building massing related to the proposed uses should not be offensive. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. Decisions regarding this type of rezone are quasi judicial, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. Should you consider denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request to rezone requires four affirmative votes of the Board. Criteria for Straieht Rezones 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn III relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? - 6. Will the proposed change adversely influence living conditions III the neighborhood? Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27, 2007 Bee Page 6 of 8 Agenda Item No. se February 27,2007 Page 7 of 69 7. Will the proposed change 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? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the county? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: 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. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Co llier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l06, art. II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? This particular item raises an unusual concern. .......". S 163 .3194 of the Florida Growth Management Act requires that "After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted." As discussed above, although the FLUE and FLUM recognize the appropriateness Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27, 2007 Bee Page 7 of 8 Agenda Item No. se February 27,2007 Page S of 69 of the proposed essential services use and the Potable Water Sub-Element contains a map that specifically established this site for the essential services use, the Conservation and Coastal Management Element (CCME) contained language (Objective 12.2 and Policy 12.2.8) that prohibited public expenditures on projects that are located within a coastal high hazard area unless the facility is designed for public access or for resource restoration. Policy 12.2.8 specifically states that "Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration." This apparent inconsistency was recognized by the Board, and is being addressed in the EAR-based GMP amendments. These amendments, however, are not effective until final adoption, which is well out into the future. Since at the present time, there is no judicially recognized concept of "zoning in progress" with respect to proposed GMP amendments, until final adoption, Policy 12.8.2 will remain in full force and effect. Accordingly, even though the Office of the County Attorney believes that the better view is that this proposed rezone doesn't even trigger Objective 12.2 and Policy 12.2.8 (which would be triggered by the submittal, for example, of a site development plan showing a public facility, rather than merely changing the zoning classification of this parcel), and that in any event staffs proposed language set forth on page three is a highly defensible position, nevertheless, should anyone wish to challenge this Board's decision to approve this application, an argument can be made that the approval is improper, as it conflicts with the Comprehensive Plan. Such an argument will disappear once the EAR-based amendments are adopted. As such, this Office recommends that unless there is a benefit to be gained by approving this item at this time, it would be prudent to continue this item until such adoption. -JAK STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition RZ-2005-AR-7271. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review ,.-., Public Facilities Rezone, RZ-2005-AR-7271 Executive Summary for February 27. 2007 Bee Page 8 of 8 Item Number: Item Summary: Meeting Date: Agenda Item No. 8C 'February 27, 2007 Page 9 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8e T his Item requires that all partIcipants be sworn In and ex parte dIsclosure be provided by Commission members RZ~2005-AR-7271 Collier County Public. Utilities Department, represented by Fred Relschl. AICP, of Agnoli Barber & Brundage, Inc.. requesting a rezone from the Agricultural (Aj zoning district to the Public Use (p) zoning district limited to Essential ServIce use only The subject property_ consisting of 42.2 acres, IS located at 1300 Manatee Road, In Section 10. Township 51 South, Range 26 East Collier County, Flonda 2/27/20079.0000 AM Principal Planner Date Prepared By Kay Deselem, AICP Community Development & Environmental Services Zoni ng & land Development Review 2/6/20076:45:12 PM Donald l. Scott Transportation Planning Director Date A pproved By Transportation Services Transportation Planning 2/912007 3:26 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2/12/2007 11 :57 AM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/12/20072:19 PM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2/13/20079:58 AM Chief Planner Date Approved By Ray Bellows Community Development & Environmental Sef\fices Zoning & land Development Review 2/13/200710:58 AM Norm E. Feder, AICP Transportation ~ivision Administrator Date Approved By Transportation Services Transportation Services Admin. 2/13/2007 3:51 PM Approved By Susan Murray. AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 2/14/20079:25 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 2116/20073:56 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2/20/2007 9:01 AM Agenda Item No. se February 27, 2007 Page 10 of 69 <:;o~-y <:;OU-nt:y t::..... __ Memorandum To: Kay Deselem, AICP, Principal Planner, Department of Zoning & Land Development Review From: Marcia Kendall, Senior Planner, and David Weeks, AICP, Planning Manager, Comprehensive Planning Department Date: January 22, 2007 Subject: Future Land Use Element (FLUE) Consistency Review (and review of certain Objectives and Policies under Goal 12 of the Conservation and Coastal Management Element, and the Potable Water Sub-Element) - 3rd Memo PETITION NUMBER: RZ-2005-AR-7271 - 2nd Submittal PETITION NAME: Public Facilities Rezone - Essential Services REQUEST: To rezone the 42.2 acre site from A, Rural Agricultural zoning district, to P, Public Use zoning district, to allow for essential services uses on the property. LOCATION: The subject property is located on the south side of Manatee Road, .:t,2,300 feet east of Collier Boulevard (SR951), in Section 10, Township 51 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: THIS MEMO HAS BEEN REVISED TO ADDRESS ISSUES RAISED A T THE CCPC HEARING ON JANUARY 4, 2007 PERTAINING TO DEVELOPMENT L1MITA TlONS IN THE COASTAL HIGH HAZARD AREA. Future Land Use Element The subject property is designated Urban (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Collier County Growth Management Plan. Also, this site - and the entire Urban Coastal Fringe Subdistrict - is within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map and as described in Policy 12.2.5 of the Conservation and Coastal Management Element. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC), Section 2.01.03. The requested rezone to Public Use zoning district limits uses to essential services. Also, the Urban Coastal Fringe Subdistrict limits residential development to a maximum density of 4 dwelling units per acre, with a few exceptions, "in order to facilitate hurricane evacuation" and protect adjacent Conservation designated lands. 1 Agenda Item No. 8e February 27, 2007 Page 11 of 69 FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Potable Water Sub-Element A review of this Sub-Element yields that the County is required to provide potable water supply, treatment and distribution facilities - including expansion of existing facilities - so as to meet future needs, and at the level of service standards established by the GMP, for the service areas identified in the GMP and the Water Master Plan Update (in some areas, private or other public utilities may provide water service, e.g. the Rural Lands Stewardship Area), and is to continue to expand the Aquifer Storage and Recovery System - all without regard to location as pertains to the CHHA; that the water service area includes those portions of the CHHA containing existing and future urban-style development, with the exception of some small outlying areas, e.g. Plantation Island; and, that the subject site - located in the CHHA - is depicted as the site of a proposed water treatment plant (and has been since at least 2003). Further, the referenced Water Master Plan also denotes this site for a future water treatment plant. [reference Objectives 1.1 and 1.2; Policies 1.1.1, 1.2.1, 1.2.2, 1.2.4, and 1.5.1; and, Figures PW-1 and PW-2.] Also, since at least 1989, when the GMP was adopted, this site has been identified on the map of potable water facilities as the "Manatee Road Re-pump Facility and 2MG Ground Storage Tank" site. POTABLE WATER SUB-ELEMENT REFERENCES OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW-1); the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to 2 Agenda Item No. Be February 27, 2007 Page 12 of 69 serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility provided. For the purposes of this policy and policies 1.2.4, 1.5. I ,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas oflmmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-I); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-I of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub- element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. 3 " " " '..,.,..., "" ~ . ..~ j,". " ,,\,' ,,' " ".." f';:-"~ .", Ii:' .~t'R~ ,,~:! . i bir Ii'!' if rt.,.\ ,!,' L i ,. .,'~' '.",,, ','~ "-. . .. E t ~ '\ ;;j*", ~ ,\ I ,~ ift '11 ;. l_. Y ;'-":, ~ ~ :I.,.,r ;.,.. '" . ~X .,-: ,'" ~ 12.t~, c;, .;. " ~ ......, ~ _.~ :ftr1':Z ~ ~-;:: :,..,.., ....1G ~ - ~ ....... -... ==- .I:'~. ::- * =-~ .-".. -- ......... -- ::-IEIMCI:: _,_ I I ! ea..LD\' eo.MI"f IJOlo'ERIoINEHT i CRO'Il'nl YNtM.iE.W9tT JlIl..NIj . 2002 I'lJaJC 1/lIU1IES ElDoOff j POTAlllE "ATER ~T I R "" [ . .. E . J1 , FIGURE PW-2 i .. ...... . . , 'I ' . . . to. 0; I (i , . , " :,.1 " , <~.(.:. '" ,; 7 '" ," ' .' . ;,., '""t.J .. u . , . .. , Ii 7' 1< ' ,;' .. . I ",-." I , , " ,... , , , ' i" ~ ., I " , . I"" '! " " "i i . i, . : I I ! I " .~!.. . .. , \;',!' , " , 'l,~: ' , i X:..:...-r~) , , ! ';-;"'- / /..1 ' ,. ; "i '>, ;.'... ; , "if'1 I ..-. ,"~r'<L. ~". r , ': ,,,,,.',, " " ," "~:..c\:":~'~.' " \.l . ," i ,..." ..,.; "'.. '''f;, ,i;,';..," " " ,,'::::.,. ,. \,;~.} ;{:3-:>;;./X; ,> :y,...... ""l' ~'=" ::= ~,<",_, "'1'>:";~:.r:"r":(,>J.I..~(' ., , .,.~~r'~' &~0:; i r } . ! )r.~+:~~ / :,iH;';~ .,:' ;1' ''';/<.'::,:, ~I..i\;",:. .-.",,"' EXISTING AND FUTURE POTABLE WA TER SERVICE AREAS .JIII......., A". MAN.... _ "''''''''"''''' L . .. . R :Z'P E Agenda Item No. se February 27,2007 Page 13 of 69 , ~ ;; ~ 4 Agenda Item No. se February 27, 2007 Page 14 of 69 Conservation and Coastal Manaqement Element (CCME) A review of existing Goal 12 and Objective 12.2 and subsequent policies yields that Collier County has an obligation to protect life and property within the CHHA from hurricanes [reference Goal 12 and Objective 12.2]; that limited additional growth is expected within the CHHA and that Collier County will provide, or allow to be provided, the necessary public facilities to serve that future growth and at the level of service standards adopted in the GMP [reference Policy 12.2.2]; and, that Collier County shall expend no public funds for public facilities within the CHHA except facilities for public access or resource restoration and, similarly, that Collier County shall limit public expenditures within the CHHA to beach and dune restoration, road repair, and publicly owned seawalls, docking and parking areas [reference Objective 12.2 and Policy 12.2.8]. Clearly, there is a conflict between the absolute prohibition on construction of public facilities within the CHHA that are unrelated to public access or resource restoration, as stated in CCME Policy 12.2.8, and the allowance and requirement for public facilities to be provided within the CHHA such that the adopted level of service standards in the GMP are met and maintained, as stated in the Potable Water Sub-Element, Sanitary Sewer Sub-Element, and possibly other Elements. This conflict - the identical text in Policy 12.2.8 - has existed since GMP amendments were adopted in 1997 based upon the 1996 Evaluation and Appraisal Report (EAR), yet, apparently, been unnoticed until now. The 1989 Plan contained a similar, though not identical, conflict; at that time, the spending limitation on public funds was applicable to "undeveloped coastal barriers" not the entire CHHA [reference 1989 Policy 11.3.4]. CONSERVATION AND COASTAL MANAGEMENT ELEMENT REFERENCES GOAL] 2: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE] 2.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy]2.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future gro\\1:h projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy] 2.2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. EAR-based GMP amendments to the CCME - which will be presented to the BCC on January 25, 2007 for adoption - include a proposed revision to Objective 12.2 that broadly recognizes public buildings and facilities may be built within the CHHA, and lists protective measures to be taken, e.g. construct above the floodplain. However, this proposed revision, Potable Water Sub-Element policies, similar policies in the Sanitary Sewer Sub-Element - and possibly other 5 Agenda Item No. se February 27, 2007 Page 15 of 69 Elements/Sub-Elements, are all in conflict with existing CCME Policy 12.2.8. Staff will now propose to the BCC, on January 25, that Policy 12.2.8 be revised to eliminate this conflict. Based upon the County's obligation to provide, or allow, public services and facilities within the CHHA at the level of service standards adopted in the GMP so as to serve existing and future growth within the CHHA, the County's long-standing ownership of this site with potable water facilities (re-pump station and storage tanks), and the County's plans to construct a water treatment plant on the subject site to serve the surrounding area - lying within the CHHA, staff believes it appropriate to interpret the Plan to find the subject rezone petition consistent with CCME Objective 12.2 and subsequent policies. CONCLUSION: Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element. Staff also concludes this petition may be deemed consistent with the Conservation and Coastal Management Element Objective 12.2 and subsequent policies. However, due to the conflicting GMP provisions, this should be brought to the BCC's attention for their consideration and interpretation. (PROJECT ON CD PLUS) cc: Susan Murray, AICP, Director Zoning & Land Development Review Department Randall J. Cohen, AICP, Director Comprehensive Planning Department Raymond V. Bellows, Manager, Department of Zoning & Land Development Review Bill Lorenz, P.E., Environmental Services Director Skip Camp, Facilities Management Director Dan Summers, Emergency Management Director Jim DeLany, Public Utilities Administrator RZ-2005-AR-7271 Public Facilities RZ - 3m memo G: Comp/David/CD Memos & Ltrs/RZs dw/1-22-07 6 Aaenda item No. Be ~February 27, 2007 Page 16 of 69 Co~r County ~~ - ~ STAFF REPO R T COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 4,2007 SUBJECT: PETITION: RZ-2005-AR-7271, PUBLIC FACILITIES REZONE AGENT/APPLICANT: Agent: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N. Naples, FL 34108 Applicant: Alicia Abbott, Project Manager Collier Co. Public Utilities Engineering Dept. 3301 Tamiami Trail E, Bldg. H Naples, FL 34112 REQUESTED ACTION: The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. GEOGRAPHIC LOCATION: The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The petitioner states in the application for public hearing Item #8, rezoning this site to the Public Use zoning district will provide notice to the surrounding property owners and the public in general that future uses proposed for this site include an Essential Services facility. Provision of this facility at this site will protect the health, safety and welfare of the citizens of Collier County. The agent states, "The essential services proposed will bring required governmental services closer to the neighborhoods where the demand is created." Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 1 of 5 Agenda Item No. se February 27, 2007 Page 17 of 69 SURROUNDING LAND USE AND ZONING: South: East: Henderson Creek Park South Subdivision, which is a developed mobile home community, with a zoning designation of Mobile Home (MH) An undeveloped twenty acre tract with a zoning designation of MH Enchanting Shores Mobile Home Park, a developed mobile project with a zomng designation ofMH An undeveloped 65:!:-acre tract with a zoning designation ofRMF-16(8) North: West: Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC). Section 2.01.03 of the LDC, which was recently adopted by Ordinance # 04-41, defines essential services. The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Staff Report for January 4, 2007 eepc Public Facilities Rezone, RZ-2005-AR-7172 Page 2 of 5 Agenda Item No. 8C February 27, 2007 Page 18 of 69 Transportation Element: Transportation Planning Department considers this petition to be consistent with Transportation Element Policies 5.1 and 5.2 of the Growth Management Plan; if the approval is limited to allow Essential Services uses only. Other uses typically allowed within Public Use districts would be deemed inconsistent with Policies 5.1 and 5.2 because the trips those uses might generate would not meet concurrency requirements for a rezoning petition. If and when a Conditional Use is submitted, transportation issues will be reviewed again in their entirety at that time. A determination regarding GMP Transportation Element consistency would be made at that time. 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. 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 the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15 percent (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. ANALYSIS: Environmental: Environmental Services staff has reviewed the petition and prepared a staff report for the Environmental Advisory Council (EAC) hearing of December 5,2006. A copy of that staff report is included in the back up material. Utilities: The Utilities Department staff has reviewed the petition and notes the project must be compliant with Ordinance 2004-31 (as amended or updated) when development approvals are sought. Also the developer will have to submit an application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. A 10 inch, and two 20 inch water transmission mains, and a 4 inch force main exist along Manatee Road. Developer (Collier County Water-Sewer District) shall be furthemlOre required to demonstrate adequate capacity in the 4" FM in a 'hydraulic capacity analysis' to accommodate planned improvements at the time of SDP submittal. If adequate capacity is not available, Developer (Collier County Water-Sewer District) shall be required by the Collier County Water Sewer District to upgrade the Force Main to serve any constructed improvements. 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 2.03.04.A, "The purpose and intent of the Public Use (P) zoning district is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties." As noted above, the Public Use zoning district furthers the goals and objectives of the Staff Report for January 4, 2007 ecpe Public Facilities Rezone, RZ-2005-AR-7172 Page 3 of 5 Agenda Item No. se February 27, 2007 Page 19 of 69 Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. The proposed change to the Public Use zoning district from the Agricultural (A) zoning district is not anticipated to have an adverse effect upon living conditions in the neighborhood. As previously noted the surrounding property is developed with mobile home parks or is vacant but zoned to allow mobile home park or multi-family uses. As stated by the petitioner, a rezoning of this site to the P zoning district to allow essential services would place required governmental services closer to the neighborhoods where the demand has been created or may be created based upon current zoning designations. Staff believes the rezoning is consistent with GMP Policy 5.4. ENVIRONMENT AL ADVISORY COUNCIL (EAC): The EAC heard this petition on October 4,2006 and voted 9-0 to deny the petitioner's request due to a lack of information. More specifically, members noted that in their opinion it would not be appropriate "to have an emergency facility on land that is in a flood zone" and "the actual use of the property was undefined." The council stated (according to the minutes) that the project could return for review when the use is defined. Based upon the comments, the petitioner revised the petition to limit the uses to Essential Services and the petition was heard by the EAC again on December 6, 2006. The revised petition was unanimously (5-0) recommended for approval at that hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting at Edison Community College auditorium on May 19, 2005, at 5:30 P.M. Twenty-seven people attended in addition to the applicant's agent and county staff. The applicant's team provided an informational brochure and discussed the uses the rezone would allow. A majority of the audience that spoke identified themselves as property owners at Riverwood and Enchanting Shores who oppose a wastewater treatment facility at the site. Other objections stated included the use of a resource recovery facility and the use of the site for fairgrounds. Concerns raised included traffic impacts to Manatee Road, noise, odor, and lights. Public Utilities Engineering Division staff invited property owners to tour other county water plants to see the operations first hand. Staff contact information for several divisions involved in the petition review was presented to the audience for follow-up purposes. Planning Commissioner Bob Murray advised property owners how the Collier County Planning Commission (CCPC) functions and how the public's input influences the decision-making process. Positive comments from property owners acknowledged the need for ongoing infrastructure for essential public services. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition RZ-2005-AR-7172 to the Board of County Commissioners (BCC) with a recommendation of approval, with the petitioner's proposed limitation to only allow Essential Services uses. Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 4 of 5 Agenda Item No. se February 27, 2007 Page 20 of 69 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 M. ISTENES, 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 February 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Staff Report for January 4, 2007 eepe Public Facilities Rezone, RZ-2005-AR-7172 Page 5 of 5 REZONE FINDINGS RZ-2005-AR-7271 Agenda Item No. Be February 27,2007 Page 21 of 69 Chapter IO.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: 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 GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Not applicable. Findings: Based upon staffs review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern; Pro: The location and zoning map that is attached to the staff report show the use is a logical use in this area given the developed areas and the potential for additional development based upon the current zoning designations. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Finding: Staff believes this project will be compatible with the existing land use patterns. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Findings: The proposed rezoning will not create an isolated district unrelated to adjacent and nearby districts. The surrounding area is developed with residential uses; thus, the uses and the zoning districts share a use relationship in that the Public Use zoning district will help provide services for the surrounding areas. 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 proposed zoning district boundaries are logically drawn and they are consistent with the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed change is not necessary, per se, especially since the uses to which the petitioner has limited the rezoning to allow are already permitted uses in the current zoning EXHIBIT A Page 1 of 5 Agenda Item No. se February 27, 2007 Page 22 of 69 district, however the rezoning is being requested in compliance with the LDC provisions to seek such changes. There is a water storage facility onsite now, and the use is proposed for expansion as part of an amendment to the approved Site Development Plan (SDP A). The SDP A proposes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. This use is an allowable use in the current Agricultural zoning district and it could continue, if so desired, however the petitioner states that they wish to rezone the property to a zoning district that will more accurately reflect the county's intention to develop this site for a public purpose, thus putting surrounding property owners "on notice." 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 use to which the petitioner has limited the approval to is extremely limited in scope. Uses of increased intensity would require further public hearing action therefore the neighborhood would be advised and staff would have the opportunity to further analysis any proposal. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: The proposed development is complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. 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. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP with the limitation of the use to Essential Services only. Any other use would require zoning action to remove the limitation or conditional use approval. Those applications would be required to provide a Traffic Impact Statement or a Trip Generation Report based upon the specifics of the given application. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Findings: Evaluation of this petition took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GI\1P and \-vas found consistent \vith the use limitation Exhibit A Rezone Findings RZ-2005-AR-7271 Page 2 of 5 proposed by the petitioner. Management System. 8. Whether the proposed change will create a drainage problem; Agenda Item No. se February 27, 2007 Page 23 of 69 Furthermore, this project will be subj ect to the Concurrency Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. 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: The proposed setbacks are consistent with the LDC requirement to provide adequate light and air to adjacent properties. 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. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. 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; Exhibit A Rezone Findings RZ-2005-AR-7271 Page 3 of 5 Agenda Item No. se February 27, 2007 Page 24 of 69 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The uses that would be allowable if this rezoning is approved would be complementary to the uses within the surrounding neighborhood as the use proposed would provide public services for the surrounding neighborhood. Con: None. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether is it 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: The proposed rezoning, within an area with similarly developing or planned development reduces sprawl and promotes efficient use of land in Urban Areas. Con: Not applicable as limited to Essential Services use only by the petitioner because that use is permitted in the current Agricultural zoning district. Exhibit A Rezone Findings RZ-2005-AR-7271 Page 4 of 5 Agenda Item No. se February 27,2007 Page 25 of 69 Findings: While site conditions may restrict the location and square- footage of the homes, they should 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/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Exhibit A Rezone Findings RZ-2005-AR-7271 Page 5 of 5 Ut'-Cl) cooc.o o~ ON 0 Z -c.o ,-~N a:5 >, Q.) _,,-OJ -CUCU CU::lQ.. -0"- c..o (])(]) ry.LL <( z o w- I-l;( 00 9 :c :2: :I: :2: a.. <( ~ " Z Z o N :c :i: w ~~ ~~ II III h if ~ i !l UK ~ il!N I CIlN^""""..,..,-,co IIO-.ro ::; I ~ ~ lil ~ .... ,... 1:1 C'I <Xl gi ,... co I '7 o.i a:: u.. <:( :2: I c:: g It) .... TI\':lS OL.uJN I Z- N - a:: '"' z 0 l- I- W a. II :2 a.. <( ~ -:. Z 0 - ..... ~ <( () 0 --' I;t; . '.", : F ~DK'*" f;, /,'_~'.' \)i.' OE. -".;,..,D.. 'J.}, '~" -,. .....~,~...':..' B",,:.. 'Q; 'y '.' 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'~ i il~! o " ~ ~ " ~ l€ ~ ~ ~ ~ ii 1l " ~ g ~ ~~ :E: :t:~ ~ ~S2 ~ sl!: :oJ aO~ ""~ o o ~ ~ .. ~ o ~ ~ " . c ~I ~ ~I ! .!.. ~ .....~ ~ "il S g ,I ~ ~ 'fin ;~~~ ~ ~ ~ ~ ~ ;~ ~ ~~ ; ~ ~ ~~ ~ H ~ ~~ - I ~i [d ? ~ Q - ; ~ ~ ; q~ ~ , ~ .~ i ~ i _! . 00 t · , .~d~ .~~~ ~ I i '.l ~~I.i ~.~ii h, -~: =. ~_ . ~~ ~'~. ~ ."' ~'~5 . i ~;Hillii o~ ;.i.H..;hh;H~~i ~ mll~n HH.h ~ .~i3~!I ~hd I ~ ~ iih~ ~~ I ~idmhh~1 ~ 0-:'.::1.'-1'" ;<] . ,"..... ,.....-1.' ~ mg;m~,g,~~jh!m,:l ;3~i~:~t Agenda Item No. Be February 27, 2007 Page 29 of 69 Item VILA. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 4.2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Rezone No. RZ-2005-AR-7271 Public Facilities Rezone Collier County Public Utilities Engineering Department Hole Montes, Inc. Agnoli, Barber & Brundage, Inc. Passarella and Associates, Inc. Engineering Consultant: Planning Consultant: Environmental Consultant: II. LOCATION: The project site is located on the south side of Manatee Road approximately ]12 mile east of Collier Boulevard in Section 10, Township 51 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels with the following zoning classification: ZONING DESCRIPTION N- MH Developed S- MH Undeveloped E- MH Developed w- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The petitioner, Collier County Public Utilities Engineering Department acting at the direction of the Board of County Commissioners, the property owner, is seeking to rezone a 42.2::f: acre tract from the Rural Agricultural (A) zoning district to the Public Use (P) zoning district. The petitioner has not projected a EAC Meeting Agenda Item No. 8e February 27, 2007 Page 30 of 69 Page 2 of 8 specific use for the site stating the ultimate use of the site has not yet been determined. The petitioner wishes to rezone the county-owned land so that adjacent property owners will be aware of the potential to establish public uses on this site. The Public Use zoning district is included in the Civic and Institutional Zoning Districts of the Land Development Code (LDC), Section 2.03. The LDC states: The pwpose and intent of Public Use zoning district is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. 171e P district is intended to facilitate the coordination of urban services and land uses 'while minimizing the potential disruption of the uses of nearby properties. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted by the Land Development Code (LDC). The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petItIOn may be deemed consistent with the Future Land Use Element of the Growth Management Plan. 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 EAC Meeting Agenda Item No. se February 27, 2007 Page 31 of 69 Page 3 of 8 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 quantity of water leaving the site by utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of Environmental Protection (PDEP) shall be notified of development projects within Rookery Bay Aquatic Preserve watershed. A copy of the Environmental Impact Statement (EIS) will be forwarded to FDEP staff at Rookery Bay Aquatic Preserve. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). In accordance with Policy 6.2.6, required preservation areas have been identified. 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. Protective covenants for the preserve areas will be included on the Site Development Plan. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ElS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal. A EAC Meeting Agenda Item ~~o. se February 27,2007 Page 32 of 69 Page 4 of 8 gopher tortoise relocation permit has been obtained to relocate gopher tortoises off-site. VI. MAJOR ISSUES: Storm water Mana2ement: This project will be permitted by the South Florida Water Management District (SFWMD). Collier County is not allowed to self-permit. SFWMD is the permitting agency for all County projects involving surface water management. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. That having been noted, the following is a summary of the proposed workings of the stormwater management system. The petitioner proposes constructing dry retention areas to intercept the runoff from the existing tank yard and from the future development areas including the proposed 6 MG storage tank, well sites, and access driveway. The bottom of the retention areas will be at 5.0 NGVD, which is 1 foot above the probable wet season water table elevation of 4.0 NGVD (average elevation measured at on-site upland/wetland interface). Some of the existing facilities are lower than the proposed improvements, so accommodations will be made Environmental: Site Description: The proposed project includes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. Natural elevations on-site range from around 5.4 feet NGVD to 3.7 feet NGVD. The seasonal high water level of 4.0 feet NGVD represents the average recorded along the upland/wetland lines at the on-site wells. The dry season water table is estimated at an elevation 1.0 feet NGVD based on surrounding projects. Two soil types occur on the property, Oldsmar Fine Sand (Soil Map Unit 16) and Ft. Drum and Malabar, High, Fine Sands (Soil Map Unit 20). Both soils are listed as non-hydric by the Natural Resources Conservation Service (NRCS). EAC Meeting Agenda Item No. se February 27,2007 Page 33 of 69 Page 5 of 8 Wetlands: A total of 4.46 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property (EIS Exhibit C). These wetlands are composed of a single FLUCFCS type (FLUCFCS Code 6259, Hydric Pine Flatwoods, Disturbed) and are broken down according to the degree of exotic infestation within them. The project development will not have any direct impacts to SFWMD/Collier County jurisdictional wetlands. Exotics will be removed from these areas in accordance with County and State permitting requirements. Preservation ReQuirements: The property has a total of 37.68 acres of native vegetation. Native habitats on- site include palmetto prairie, pine flatwoods, cabbage plam and hydric pine flatwoods. Habitats not included as native vegetation include 1.05 acres of Brazilian pepper (FLUCFCS Code 422), 0.07 acre of disturbed land (FLUCFCS Code 740), a roadway (FLUCFCS Code 814), and the existing water storage facility (FLUCFCS Code 833). Portions of FLUCFCS Codes 422 and 740 do contain native habitat and have been used in determining the amount of native vegetation required for the site. A native vegetation map is provided as Exhibit J while Table 3 in the EIS provides a breakdown of the habitats on-site. In accordance with the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15% (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. A master site plan showing the location of the preserves on-site is included in the EIS as Exhibit I. Listed Species: A listed plant and animal species survey was conducted on July 30, 2004 and August 24, 2004, with additional observations made on April 14 and 21, 2003, August 7, 2003, and September 10, 2003. During the survey, one active and four inactive gopher tortoise burrows were identified. All the gopher tortoises were located in burrows in the existing spoil berm adjacent to the development area. No other listed species were observed during the surveys. EAC Meeting Agenda Item No. 8e February 27,2007 Page 34 of 69 Page 6 of 8 After receiving authorization from the Florida Fish and Wildlife Conservation Commission to test up to five tortoises for Upper Respiratory Tract Disease (URTD), a total of three gopher tortoises were successfully bucket trapped and tested in June and July, 2005. All tortoises tested negative (not infected) for URTD. Based on the test results, a recipient site was researched and the conservation area at Willow Run Quarry was selected. One Florida black bear telemetry point dated has been documented on the site. No telemetry points have occurred on the site since the one on February 3, 1993. VII. RECOMMENDATIONS: Staff recommends approval of approval of Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" with the following conditions: Storm water Mana2ement: 1. A SFWMD Surface Water Management Permit or ERP must be obtained prior to Site Development Plan approval. Environmental: No stipulations EAC Meeting Agenda Item No. Be February 27, 2007 Page 35 of 69 Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, A.I.C.P. DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON PRINCIP AL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE EAC Meeting Agenda Item No. Be February 27. 2007 Page 36 of 69 Page 8 018 WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSIST ANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Agenda Item No. se February 27, 2007 Page 37 of 69 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF DECEMBER 6. 2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Rezone No. RZ-2005-AR-7271 Public Facilities Rezone Collier County Public Utilities Engineering Department Hole Montes, Inc. Agnoli, Barber & Brundage, Inc. Passarella and Associates, Inc. Engineering Consultant: Planning Consultant: Environmental Consultant: II. LOCATION: The project site is located on the south side of Manatee Road approximately Y2 mile east of Collier Boulevard in Section 10, Township 51 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels with the following zoning classification: ZONING DESCRIPTION N- MH Developed S- MH Undeveloped E- MH Developed w- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The subject property is a 42.2::1: acre site located on the south side of Manatee Road between Skyline Drive and Sapphire Boulevard. It is owned by Collier County Water & Sewer District. The site is currently zoned Rural Agricultural (A). The property owner is seeking a rezone to the Public Use (P) zoning district EAC Meeting Agenda Item No. se February 27, 2007 Page 38 of 69 Page 2 of9 but has amended the zoning request to limit the uses to be allowed within that zoning district to Essential Services only. This petition was originally heard by the EAC on October 4, 2006. At that time the petitioner sought a rezoning to the Public Use district but had not offered to limit the proposed uses; thus at that time all uses permitted by right in that zoning district would have been allowed if the rezone was approved as requested. After hearing the concerns raised by the EAC on October 4, 2006, the petitioner amended the request to limit the proposed use to Essential Services only. If, at a later date the petitioner wants other uses that are other than Essential Services, then the petitioner would need to apply for and receive either rezoning or conditional use approval in compliance with the Land Development Code regulations in effect at that time. Public hearings would be required in either rezoning or Conditional Use approval. This site, with the current A zoning is also the subject of an SDP for County Aquifer Storage and Recovery (ASR) wells. Wells are a permitted use in the A zoning district, however, an EIS was required for the wells. In the interest of saving time and taxpayer money, the EIS that was written for the ASR wells SDP was submitted to, and accepted by, County review staff for this rezone. Some of the information in the EIS is specific to the wells; however, the wetlands and wildlife issues studied in the EIS are relevant to both the wells SDP and this rezone. The site plan in the EIS indicates only the existing structures and the well sites, not the Water Treatment Plant (or other essential service). Rezoning to the P zoning district is distinctly different from rezoning to a Planned Unit Development (PUD) zoning district. A petitioner seeking approval of a PUD would be required to provide a site plan (Master Plan) indicating where specific uses, roads, preserves and water management facilities would be placed. On the other hand, the P zoning district is what is commonly referred to as a "conventional" zoning district. In conventional zoning districts, a site plan is not required. If a site plan is provided at all, it is usually for illustrative purposes only and is not binding on the rezoning action. Site plan review and approval is conducted as an administrative function as part of the development order approval process. Specific information about the placement of structures and water management features is provided as part of that process, commonly known as the Site Development Plan (SDP) process. The Existing and Future Potable Water Service Areas Map of the Potable Water Sub-Element of the Public Facilities Element of the GrO\vth Management Plan, indicates that the subject site is the location of a proposed Water Treatment Plant. However it is important to note that a Water Treatment Plant is listed in Section 2.01.03 of the LDC as an Essential Service; however, the LDC further states that EAC Meeting Agenda Item No. se February 27,2007 Page 39 of 69 Page 3 of9 a Water Treatment Plant is required to be approved as a Conditional Use. Therefore, if the Water and Sewer District wishes to construct a Water Treatment Plant on the subject site, advertised public hearings would have to be held in accordance with the Conditional Use procedures of the LDC, even after the site has been rezoned to the P zoning district. As part of the zoning action a site plan is not required to indicate the location of proposed structures. The dimensional standards (setbacks, height limitations, etc.) of the P district are specified in the LDC (Section 4.02.00 Site Design Standards). No changes to the dimensional standards are proposed. If changes were proposed, variance approvals would need to be sought which also requires public hearings. According to the petitioner's projected time table, a Water Treatment Plant may not be required on this site for six years. During that time, Water Treatment Plant technology will almost certainly change. Having P zoning in place on the subject site will alert neighbors that essential services are planned and would be allowed as proposed to be limited by the petitioner (and perhaps further limited by the Board of County Commissioners should the petition be approved). If it is later confirmed by the County that this site would best serve Collier County citizens if it a Water Treatment Plant is constructed on site, advertised public notices would be sent and public hearings in compliance with the LDC for Conditional Use petitions would be conducted. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted by the Land Development Code (LDC). The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. EAC Meeting Agenda Item No. se February 27, 2007 Page 40 of 69 Page 4 of9 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 storm water 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 quantity of water leaving the site by utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of Environmental Protection (FDEP) shall be notified of development projects within Rookery Bay Aquatic Preserve watershed. A copy of the Environmental Impact Statement (EIS) will be forwarded to FDEP staff at Rookery Bay Aquatic Preserve. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). EAC Meeting Agenda Item No. se February 27,2007 Page 41 of 69 Page 50f9 In accordance with Policy 6.2.6, required preservation areas have been identified. 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. Protective covenants for the preserve areas will be included on the Site Development Plan. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal. A gopher tortoise relocation permit has been obtained to relocate gopher tortoises off-site. VI. MAJOR ISSUES: Stormwater Mana2ement: This project will be permitted by the South Florida Water Management District (SFWMD). Collier County is not allowed to self-permit. SFWMD is the permitting agency for all County projects involving surface water management. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. That having been noted, the following is a summary of the proposed workings of the stormwater management system. The petitioner proposes constructing dry retention areas to intercept the runoff from the existing tank yard and from the future development areas including the proposed 6 MG storage tank, well sites, and access driveway. The bottom of the retention areas will be at 5.0 NGVD, which is 1 foot above the probable wet season water table elevation of 4.0 NGVD (average elevation measured at on-site upland/wetland interface). Some of the existing facilities are lower than the proposed improvements, so accommodations will be made Environmental: Site Description: The proposed project includes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW comer of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. Natural elevations on-site range from around 5.4 feet NGVD to 3.7 feet NGVD. The seasonal high water level of 4.0 feet NGVD represents the average recorded EAC Meeting Agenda Item No. se February 27, 2007 Page 42 of 69 Page 6 of9 along the upland/wetland lines at the on-site wells. The dry season water table is estimated at an elevation 1.0 feet NGVD based on surrounding projects. Two soil types occur on the property, Oldsmar Fine Sand (Soil Map Unit 16) and Ft. Drum and Malabar, High, Fine Sands (Soil Map Unit 20). Both soils are listed as non-hydric by the Natural Resources Conservation Service (NRCS). Wetlands: A total of 4.46 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property (EIS Exhibit C). These wetlands are composed of a single FLUCFCS type (FLUCFCS Code 6259, Hydric Pine Flatwoods, Disturbed) and are broken down according to the degree of exotic infestation within them. The project development will not have any direct impacts to SFWMD/Collier County jurisdictional wetlands. Exotics will be removed from these areas in accordance with County and State permitting requirements. Preservation Requirements: The property has a total of 37.68 acres of native vegetation. Native habitats on- site include palmetto prairie, pine flatwoods, cabbage plam and hydric pine flatwoods. Habitats not included as native vegetation include 1.05 acres of Brazilian pepper (FLUCFCS Code 422), 0.07 acre of disturbed land (FLUCFCS Code 740), a roadway (FLUCFCS Code 814), and the existing water storage facility (FLUCFCS Code 833). Portions of FLUCFCS Codes 422 and 740 do contain native habitat and have been used in determining the amount of native vegetation required for the site. A native vegetation map is provided as Exhibit J while Table 3 in the EIS provides a breakdown of the habitats on-site. In accordance with the Policy 6.1.1 of the Growth Management Plan - Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15% (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. A master site plan showing the location of the preserves on-site is included in the EIS as Exhibit I. Listed Species: EAC Meeting Agenda Item No. se February 27,2007 Page 43 of 69 Page 7 of9 A listed plant and animal species survey was conducted on July 30, 2004 and August 24, 2004, with additional observations made on April 14 and 21, 2003, August 7, 2003, and September 10, 2003. During the survey, one active and four inactive gopher tortoise burrows were identified. All the gopher tortoises were located in burrows in the existing spoil berm adjacent to the development area. No other listed species were observed during the surveys. After receiving authorization from the Florida Fish and Wildlife Conservation Commission (FFWCC) to test up to five tortoises for Upper Respiratory Tract Disease (URTD), a total of three gopher tortoises were successfully bucket trapped and tested in June and July, 2005. All tortoises tested negative (not infected) for URTD and were relocated off-site to the conservation area at Willow Run Quarry in accordance with FFWCC permit # WR06064a. Tortoises on-site were relocated at the request of Collier County Environmental Services Department in preparation for expansion of the water facility. All the tortoises on- site were located in spoil berms located immediately adjacent to the existing water facility and were relocated since suitable gopher tortoise burrowing habitat is not found elsewhere on-site. One Florida black bear telemetry point dated has been documented on the site. No telemetry points have occurred on the site since the one on February 3, 1993. VII. RECOMMENDATIONS: Staff recommends approval of approval of Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" with the following conditions: Storm water Mana2ement: 1. A SFWMD Surface Water Management Permit or ERP must be obtained prior to Site Development Plan approval. Environmental: No stipulations EAC Meeting Agenda Item No. se February 27, 2007 Page 44 of 69 Page80f9 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENT AL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT K.A Y DESELEM, A.I.c.P. DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE EAC Meeting Agenda Item No. se February 27, 2007 Page 45 of 69 Page 9 of9 WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Agenda Item No. se February 27,2007 Page 46 of 69 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Collier County Public Utilities Engineering Department Applicant's Mailing Address: 3301 Tamiami Trail East. Building H. City: Naples State: FL Zip: 34112 Applicant's E-Mail Address: Aliciaabbott(ci)colliergov.net Applicant's Telephone: (239) 530-5335 Fax: (239) 530-5378 Name of Agent: Fred ReischL AICP Firm: Agnoli, Barber & Brundage, Inc. Agent's Mailing Address: 7400 Tamiami Trail North City: Naples State: FL Zip: 34108 Agent's Telephone: (239) 597-3111 Fax: (239) 566-2203 Agent's E-Mail Address: Reischl(a)abbinc.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR ST ANDARD REZONE - 4114/03 Agenda Item No. Be February 27,2007 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly 1iift1l7 47 of 69 ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: East Naples Civic Association (President - Ken Drum) Mailing Address: 8404 Mallow Lane City: Naples State: FL Zip: 34113 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). This property is owned by the Collier County Board of County Commissioners. Name and Address: NA Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 b. If the property is owned by a CORPORATION, list the officers and stoclCMldePsof 69 and the percentage of stock owned by each. Name and Address, and Office: N/A Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address: N/A Percentage of Interest 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: N/ A Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address: N/A Percentage of Ownership Date of Contract: f If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address: N/A APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/] 4/03 Agenda Item No. se February 27, 2007 Page 49 of 69 g. Date subject property acquired [3J leased 0 03/09/83 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 1 0 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book_ Page #: Property J.D. #: 00732600008 Metes & Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. 1.722,798 Acres: 42.2 5. Address/2enerallocation of subject property: 1300 Manatee Road, Naples. FL 34112 6 . Adjacent zonin2 and land use: Zoning Land use N MH Henderson Creek Park South Subdivision APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 S MH Undeveloped Agenda Item [\lo. se February 27, 2007 Page 50 of 69 E MH Enchanting Shores Mobile Home Park w RMF-16 (8) Undeveloped Does the owner of the subject property own property contiguous to the subject property? No. If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_Page #: Property I.D.#: Metes & Bounds Description: 7 . Rezone Request: This application is requesting a rezone from the A zoning district (s) to the P zoning district(s). Present Use of the Property: A pump station is located in the northwest quadrant of the propertv. The remainder is undeveloped. Proposed Use (or range of uses) of the property: The Permitted Uses of the P zoning district: specifically limited to: essential services. The Applicant retains the right to request Essential Service Conditional Uses through the Conditional Use process. 8. Evaluation Criteria: Pursuant to Section 10.03.05.G. of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (IDC Section 10.03.05. G.) 1. vVhether the proposed change Vvill be consistent with the goals. objectives, and policies andfilture land use map and the elements of the groVvth management plan. The proposed rezone is for public use for the health, safety and welfare of the citizens of Collier County, which is consistent with the GMP. APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 51 of 69 2. The existing land use pattern. The surrounding property is zoned for residential use (MH & RMF). Residential uses require infrastructure, including essential services, in order to meet concurrency requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This rezone will technically create an isolated district (P), however, the P district exists as infrastructure to support the adjacent zoning districts and therefore, it will not be unrelated to nearby residential districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Existing district boundaries are logically drawn. A Water Treatment Plant is one of the possible uses of the subject site and could be approved as a Conditional Use in the existing (A) zoning district. However, a CU would put time constraints on the construction of the facility. A rezone to Public Use would allow construction of a Water Treatment Plant (as a Conditional Use with advertised public hearings), or other essential service facility, at a future date when public need requires it, . Also, it would allow potential developers of the adjacent vacant property to identify the potential uses of the site and plan accordingly. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessmy. There are changing conditions, however not necessarily in this immediate neighborhood. Development in this area of the County may require a new Water Treatment Plant or other essential service facility in the near future. The Potable Water Sub-Element of the GMP identifies this site as a location of a WTP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The Public Utilities Engineering Department believes that the required buffers will allow the visual screening of a Water Treatment Plant or other essential service facility from the neighbors. In addition, a 6-foot wall and an odor control unit is a part of this Collier County WTP, if that is what is eventually constructed. 7. Whether the proposed change ~ill 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. 8e February 27, 2007 A Water Treatment Plant will be staffed and there will be a limited number ofPage 52 of 69 workers entering and exiting the site. Other essential services will generate different volumes of traffic. The requested uses are limited to those that generate limited trips. If, at the time of SDP, County staff determines that a proposed use may generate a significant amount of trips, a TIS may be required. 8. TVhether the proposed change 11cill create a drainage problem. At the time of SDP approval, the plans will be required to meet LDC requirements for stormwater management; therefore, no drainage problem will be created. 9. FVhether the proposed change 11cill seriously reduce light and air to adjacent areas. Whichever type of government facility is developed, it will be required to meet the setbacks of the Public Use zoning district and will not reduce the circulation of air and the availability of light more than an agricultural operation or residential uses. The setbacks in the P district are the same as the most restrictive adjoining district. In this case, the most restrictive would be the RMF -16 district which requires a front yard of 30 feet, a side yard of 15 feet and a rear yard of 30 feet. 10. Whether the proposed change 11cill seriously affect property values in the adjacent area. A Market Study for Property Values was not required as a part of this petition. However, the Public Utilities Engineering Department believes that the required buffers and the essential service character of the facility will not cause adjacent property values to be affected. II. Whether the proposed change 11cill be a deterrent to the improvement or development of adjacent property in accordance lvith existing regulations. A Market Study for Property Values was not required as a part of this petition. However, the Public Utilities Engineering Department believes that the required buffers and the essential service character of the facility will not cause adjacent property values to be undevelopable in accordance with the existing regulations. 12. Whether the proposed change ltill constitute a grant of special privilege to an individual 011c71er as contrasted v.ith the public welfare. The proposed change is not a grant of special privilege. In fact, the rezone supports the public welfare by allowing an essential service to be provided. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property could be used as a Water Treatment Plant under the current A zoning if a Conditional Use is approved. (Approval of a CU requires the same protections to the public, in the form of public hearings, as a rezone.) However, a CU provides a time limitation for commencement of the use. The rezone to P will allow a Water Treatment Plant to be permitted as a Conditional Use (with advertised public APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. Be February 27,2007 hearings) as well as providing other essential service options, and providing n8tig~ W of 69 the public, that the site will contain some sort of essential service. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change is to provide for the essential service needs of County residents and is, therefore, not out of scale with the needs ofthe neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The LDC states that Water Treatment Plants are Conditional Uses in evelY zoning district. Therefore, advertised public hearings for a Conditional Use are required at any location for a WTP. Rezoning to P will alert neighbors to the possible uses of the property. 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. There are jurisdictional wetlands on site, however, the Utilities Department does not believe that the presence of the wetlands would prevent the development of the property for a Water Treatment Plant or other essential service. 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. Because a Water Treatment Plant is a public facility which would affect the LOS of Collier County utilities, this rezone will have a positive impact on adequate public facilities. Other uses would also have a positive impact on the adequacy of other essential services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. The Public Utilities Engineering Department believes that the rezoning of the subject site to Public Use is beneficial to the public health, by providing a site for a Water Treatment Plant or other essential service facility for the citizens and visitors to Collier County. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Agenda Item No. Be February 27,2007 10. Previous land use petitions on the subiect propertv: To your knowledge, has @~l:iHlcof 69 hearing been held on this property within the last year? If so, what was the nature of that hearing? No. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy ofthe pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8W' x II" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. 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. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07.B.1.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -4/14/03 Agenda Item No. se February 27,2007 h. A historical and archeological surveyor waiver application if property ig:>kIDareuof 69 within an area of historical or archaeological probability (as identified at pre- application meeting); i. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 j. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Section 10.03.05.B.3. of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately APPLICA TJON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item ~~o. se February 27, 2007 Page 56 of 69 STA TEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Collier Countv Public Utilities Engineering Department 2. MAILING ADDRESS: 3301 Tamiami Trail East. Building H. CITY: Naples STATE: FL ZIP: 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1300 Manatee Road, Naples, FL 34112 4. LEGAL DESCRIPTION: Section: 10 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00732600008 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRt\NCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC HEARING FOR ST ANIlARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 57 of 69 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-4/14/03 Agenda Item No. se February 27, 2007 Page 5S of 69 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 20* X 5. Conceptual Site Plans 20* X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Electronic copy of all documents and plans 1 X 14. Application Fee = $6000.00 plus $25.00 per acre - X Comprehensive Plan Consistency Review = $750.00 Fire Code Review Fee = $100.00 Check shall be made payable to: Collier County Board of Commissioners 15. Letter of no objection from the United States Postal 1 X Service. 16. Other Requirements- * Additional Documents required for Long-Range Planning Reyiew. 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. Agnoli, Barber & Brundage, Inc., Agent Date APPLICA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 59 of 69 AFFIDA VIT WelL being first duly sworn, depose and say that well amlare 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 mvner Wellfilrther authorize as ourlmy representative in any matters regarding this Petition. to act 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 Notmy Public) TRAFFIC IMPACT STATEMENT (TIS): APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Aoenda Item No. se -February 27,2007 A TIS is required unless waived at the pre-application meeting. The TIS required may bcP~her::aof 69 major or minor as determined at the pre-application meeting. Please note the following with regard to 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 decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvement 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. Be February 27,2007 The following standards shall be used in preparing a TIS for submittal in conjunctioRa,QitN>1aof 69 conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic 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 Assi2nment: 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. Existin2 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 TeE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0- 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection 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 1,200 Vehicles Per Hour (VPH). 7. Back2round 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. APPLlCA TJON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/J 4103 Agenda Item No. se February 27,2007 8. Future Traffic: An estimate of the effects of traditional increases in traffic ~Ufl:mgof 69 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 within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throu2h 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. Project Phasin2: 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. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PIJBLlC HEARING FOR STANDARD REZONE - 4/14/03 ADDRESSING CHECKLIST -'ease complete the following and submit to the Addressing Section for Review. Not all items will applv to every proiect. Items in bold type e required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one) 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPI (SIP Insubstantial Change) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) o Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) 11. Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Phone Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number Approved by Date APPLlCA T10NFOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. se February 27,2007 Page 64 of 69 APPLICANT'S AGENT'S NARRATIVE STATEMENT SENT VIA E-MAIL DECEMBER 5, 2006 Submitted by Dominick J. Amico, Jr., P.E. Agnoli, Barber, & Brundage, Inc. Public Utility Engineering Department's (PUED) desire in this [rezoning] project was to put the neighbors on notice that some day (8-10 years) there would be a water treatment plant built on this site. In order to achieve this notification in a public hearing type of atmosphere and have it run with the land so that this information is readily available in the public records, a Zoning petition of some sort was considered to be the best vehicle of notification. Normally, a Conditional Use (CU) petition would have been done on this site to allow the use without a rezone of the underlying base zoning (AG). This process was deemed unacceptable as the CU's only last for 2 years. Another choice would have been to file a PUD for this site, but unfortunately PUD's sunset in 5 years which is not long enough to meet the required time horizon The only remaining possible zoning choice was the Public (P) zoning. The problem with P zoning is that it allows too many uses such as parks, libraries, and other high traffic generators. [It was] therefore decided to limit the P rezone to "Essential Services" only to alleviate traffic concerns brought by Collier County (CC) Transportation and the neighborhood. Please note that even with an unlimited P zoning, a Water Treatment Plant (WTP) would still need to undergo a CU process prior to site development approval. There was a thought of limiting the P zoning on this site to only a WTP and related uses. The project planner, Kay Deselem indicated that this specific limitation was not possible. My thought would be that if this were done, it would tend to circumvent the need to someday go through the CU process to build a WTP which would be illegal. Therefore, in sun1mary, we are rezoning to Public limited to Essential Services. The Essential Services listed in the LDC do not generally generate traffic. The project will have the P designation on the official zoning atlas of the County and a CU will be needed before a WTP can be built there. This is the only process that achieves PUED's desires as stated above and would appear doable on this site and will last for a long enough time. An unlimited P rezone would likely not be approved by the Environmental Advisory Council (EAC) and likely the Collier County Planning Commission (CCPC) and would have strong objection from other County departments. APPLICANT'S AGENT'S NARRATIVE STATEMENT 12-5-06.doc Agenda Item No. Be February 27,2007 Page 65 of 69 ORDINANCE NO. 07 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINA.NCE 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 TO CHANGE THE ZONING CLASSIFICA TION OF THE SUBJECT REAL PROPERTY LOCATED AT 1300 MANATEE ROAD IN SECTION 10, TOWNSHIP 51 SOlITH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fred Reischl, AICP, of Agnoli Barber & Brundage, Inc., representing Collier County Public Utilities Department, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition Number RZ-2005-AR-7271. 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 in Exhibit "A", which is incorporated herein and by reference made part hereof, located in Section 10, Township 51 South, Range 26 East, Collier County, Florida, is hereby changed from the Agricultural (A) zoning district to the Public Use (P) zoning district, subject to the conditions shown in Exhibit "B." The appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land Development Code, are to be amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2007. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETrA, CHAIRMAN Appro and Ie - Agenda Item No. Be February 27, 2007 Page 66 of 69 l I ! LEGAL DESCRIPTION (O.R. BOOK 7071, PAGE 7887) PRACI10NAL. THE SOUTHEAST 1/4- OF THE NORTHEAST 1/4 OF SECnON 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNT'I', FLORIDA. EXCEP71NG THEREFROM THE NORTH 30 FEET. METES AND BOUNDS BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECnON 10, TOWNSHIP 5 t SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA. THENCE RUN N 01'57'50. E, ALONG THE WEST UHE OF SAID FRACnON FOR A DISTANCE OF 1340.25 FEET TO THE POINT OF INTERSECnON OF THE SOUTHERLY RIGHT OF WAY UHE OF MANATEE ROAD AND THE WCST UNE OF. SAID FRACnON. THENCE RUN S 89'16'39- E, ALONG THE SOUTH RIGHT OF WAY UNE OF MANATEE ROAD,BElNG 30 FEET'SOUTH OF AND' PARAL1.EL TO THE NORTH UNE OF SAID FRACnON, FOR A DISTANCE OF 1370.51 FrrT TO THE POINT OF INTERSEC710N OF THE SOUTHERLY RIGHT OF WAY UNE OF MANATEE ROAD AND THE EAST UNE OF SAID FRACnON. THENCE RUN S 01'59'18- ~ ALONG THE EAST UNE OF SAID FRAC710N, FOR A DISTANCE OF 1343.72 FEU TO THE. SOUTHEAST CORNER OF SAID FRACnON. .THENCE RUN N 89'OS'OO"W ALONe; THE SOUTH UNE OF SAID FRACnON, FOR A DISTANCE OF 1369.87 FEET TO THE P01NTOFBEGINNING~ CONTAINING 42.203 ACRES, MORE OR LESS. RZ-2005-AR-7271 EXHIBIT A Agenda Item No. se February 27, 2007 Page 67 of 69 PUBLIC FACILITIES REZONE RZ-2005-AR-7271 CONDITIONS OF APPROVAL 1. The uses allowed on this site are limited to the description found in the LDC Section 2.01.03 as further described below: Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); and 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings. 2. Structures shall not exceed an actual height of 60 feet, measured from the centerline of the road. 3. Structures shall maintain a 100 foot wide minimum setback on all sides. Conditions of Approval 1-26-07 EXHIBIT B Enchanting Shores Co-op, Inc. 17 Turquoise Ave. Naples, FL 34114 239-775-1221 www.enchantingshores.com Aaenda Item No. 8e ~February 27, 2007 Page 68 of 69 f1 [~ {~~ ~~:: ~ \~/ L~~ ~J C f; lOSS June 13,2005 ZO:~iNG OEPI\F-tH::ENT Ms Kay Deselem, Principal Planner Community Development and Environmental Services 2800 Horseshoe Drive Naples, FL 34104 RE: Rezone Petition # RZ-200oo5-AR-7271, Public Facilities Rezone Dear Ms Deselem, This letter follows the' neighborhood information meeting held on May 191h concerning the above referenced rezoning petition. As President of Enchanting Shores Co-op, Inc I wish to add the following comments to the record. I will be sending copies to the review board as well. Enchanting Shores Co-op, Inc is immediately across Manatee Rd to the north of the proposed rezone area There are approximately 26 homes, which back up to Manatee Rd. the length of the rezone area I wish for the reviewers to know that we are faced with a sports park being constructed behind Manatee Middle School just to our east. In view of this we are against any use of the proposed rezone that would add any vehicular traffic to Manatee Rd. ESe residents as well as those folks residing in Macro Shores Estates and the Riverwood Community use the sidewalk area of Manatee Rd. We also object to any modification, especially widening, of Manatee Rd. All three of the aforementioned communities are in close proximity to the rezone parcel Accordingly, we would be against uses such as communication towers, waste water treatment, fairgrounds, libraries, museums, parks, emergency medical, fire safety, traffic safety, heliport, administrative service facilities and resource recovery. . For the safety of our residents we respectfully request the review board to take this under advisement Also, we ask that any construction in that area be required to improve the drainage along Manatee Rd, whieh is presently a problem during hard rain. Likewise, we object to any use of chemicals that would emit odors, again, due to the proximity of Enchanting Shores. Lastly we would like to see a nice looking buffer area along Manatee Rd. instead of chain link fencing such as that presently where the water tanks are. We feel that such fencing is an eyesore and detrimental to our property values. Thank you for your time. SjjlY'L p~ --lis ' President - Enchanting Shores Co-op, Ine June 10, 2005 Agenda Item No. se February 27,2007 Page 69 of 69 Letter to Ms Kay Deselem - Principal Planner Cc: ESC Board of Directors Gil Riddell - ESC Property Manager Collier County Planning Commission Members Carol Smallwood - President Riverwood Homeowners Assn Doreen Martin - Marco Shores Estates Board Margie Hapke Public Information Coordinator - Public Utilities Division EXECUTIVE SUMMARY Agenda Item No. 9A February 27,2007 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 31, 2009 to the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27, as amended, to provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in the Ordinance; recommend to the BCC an itemized budget, work programs, and priorities to the BCC in accordance with the adopted budget or budget amendments. The board will exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. A list of the current membership is included in the backup. Mr. Christopher F. Sutphin, representing Resident category, resigned on January 8, 2007. Ordinance 20026-5, Section Five reads: "Any member of the PBSD Board who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status, Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s) vying for the position from the immediately preceding recommendatory balloting that received recommendation from the PBSD Board. In the event the PBSD Board should fail to provide its recommendation to the Board of County Commissioners within twenty days of the Board of County Commissioners being informed of "member's change in status, the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of votes among those unsuccessful candidates. In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier county Ordinance No. 2001-55 including as may be amended or its successor ordinance. Below is the list ofthe 3 unsuccessful applicants vying for the position in 2005 and the votes they received during the 2005 balloting process: APPLICANT CATEGORY ~ .Q.lli! ELECTOR ADV. COMM. Mary Ann Womble Resident 576 2 Yes None Joan Sehdev Resident 424 2 Yes None Harry L. Coburn Resident 411 2 Yes None RECOMMENDATION: Mary Ann Womble FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint Mary Ann Womble, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 27,2007 Agenda Item No. 9A February 27. 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A ApPointment of member to the Pelican Bay Services DivIsion Board 2/21/20079.0000 AM Preps red By Sue Fils-on Executive Manager to the Bee Date Board of County Commissioners Bce Office 1/11120079:31 :41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11121200710:57 AM Agenda Item No. 9A February 27,2007 Page 3 of 8 Memorandum To: Sue Filson Executive Manager Board of County Commissioners From: Barbara Smith, Administrative Assistant Pelican Bay Services Division Date: February 8, 2007 Subject: Residential Vacancy - Pelican Bay Services Division Board At the Pelican Bay Services Division Board Meeting yesterday, February 7, 2007, Mr. Donald Spanier moved, seconded by Mr. John Domenie Sutphin and approved unanimously, on a vote of 1010, to make the recommendation to the Board of County Commissioners for the appointment of Mrs. Mary Ann Womble to fill the residential vacancy on the Pelican Bay Services Division Board created by the resignation of Mr. Chris Sutphin. Mrs. Womble is the candidate with the next highest number of votes from the March 2005 balloting. If you have any questions or need anything further please contact me. Pelican Bay Services (- ./ (.-.) Agenda Item No. 9A February 27, 2007 Page 4 of 8 filson . _. From: Sent: To: Subject: J. Walter Cross [JWalter.CrosS@clerk.collier.f1.us] Monday, March 14, 2005 2:36 PM filson_s RE: Pelican Bay Sue: Heidi Ashton, representing the County Attorney's office and I, representing the Clerk of Courts, have completed the ballot count and are presenting to the Board of County Commissioners the following results: 1.) John J. Boland - 1030 2.) Christopher Sutphin - 976 3.) John Dominie - 934 4.) Maurice James Burke - 887 5.) Mary Anne Womble - 576 6.) Joan Sedhev - 424 7.) Harry L. Coburn - 411 I believe that you are going to prepare the executive summary for the BCC meeting. I will be present to answer any questions. Thanks for your help. J. Wal ter Cross Executive Assistant to the Clerk -----Original Message----- From: filson s [mailto:SueFilson@colliergov.net] Sent: Wednesday, February 23, 2005 11:11 AM To: J. Walter Cross; Dwight E. Brock; Weigel, David Subject: Pelican Bay Just a note to let you know that the BCC at yesterday's meeting approved the place and time for counting the ballots recommended by the Clerk as: BCC Chambers on Monday, March 14th at 2:00 p.m. Let me know if you have any questions. Thanks. 1 ( c I\genda Item No. 9A I February 27, 2007 Page 5 of 8, Pelican Bay Ballot Count - March 14. 2005 " I.) lohnl. Boland 1030 2.) Christopher Sutphin 976 3.) John Domeme 934 4.) Maurice James Burke 887 5.) Mary Ann Womble 576 6.) Joan Sehdev 424 7.) Harry L. Coburri 411 Total Residential Ballots mailed 6712 Number of Residential Ballots Returned 1495 I Agenda Item No. 9A February 27,2007 Page 6 of 8 ( Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Coleman J. Connell 566-2145 02114/06 03/31/10 4 Years 7024 Pelican Bay Boulevard 566-2145 Naples, FL 34108 E-Mail: concoll@ao1.com District: 2 Category: Resident Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years V 8420 Abbington Circle #B 11 594-8420 Naples, FL 34108 E-Mail: District: 2 Category: Resident Ms. Annette M. Alvarez 398-1605 01109/07 03131/09 2 Years -.'. 2833 Inlet Cove Lane, W. 348-7065 "- Naples, FL 34120 E-Mail: aalvarez@watersideshops.com District: 5 Category: Commercia1lProperty Mr. Maurice James Burke OS/22/01 01/29/05 4 Years 5801 Glencove Drive, #508 598-3140 03/22/05 03/31/09 4 Years Naples, FL 34108 E-Mail: therightperson@msn.com District: 2 Category: Resident Mr. David J. Bramson 02/14/06 03/31/10 4 Years 353 Carlton Place 596-0464 Naples, FL 34108 E-Mail: davidbramson@earthlink.net District: 2 Category: Resident _.~ ~~<ClB~"",.~~t\Il'::t;;:"lo'~':~~C.G',,::.::Ett,;'(,7;.~~.~_"N.~""'i':~1!Ul'7i':"...~ICr.~."_tiCU.C:~:r.!-'::'-;:;'~'=':":'lW.i..~_':".:J2.~C:'-.:.;.~~r~~:~_; .:".:,!i,~,::::,;:~~;;~~~,::;r'=:C'1"3_ Wednesday, January 10, 2007 Page 1 of3 Agenda Item No. 9A February 27.2007 Page 7 of 8 (- Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, Bl5 594-0131 Naples, FL 34108 E-Mail: jolmsusanboland@ao1.com District: 2 Category: Resident Mr. Donald Spanier 04/22/03 03/31/07 4 Years / 812 Pitchapple Lane 594-2851 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. John Domenie OS/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566-3179 03/22/05 03/31/09 4 Years (' Naples, FL 34108 E-Mail: johandomenie@ao1.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/31/07 4 Years /' 6573 Marissa Loop, # 1902 592-0676 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Ed Staros 598-6626 06/25/02 01120/06 4 Years 753 Brentwood Point 596-4561 02/14/06 03/31/10 4 Years Naples, FL 34110 E-Mail: ed.staros@ritzcarlton.com District: 2 Category: Commercial ( ;':].:.."'6'C-.::-:....;.:~~~;p,;~..?:-.-:.~,.~.nc.I.:..;:~.....:.~Woi:?:-:<.~ ~."'Z7:.~.;~'W.,':.;~.7:1!..r;;;..;~.::.'l~~:-.~:!!~':'!:ii'C)...::::::r~::7..~,-:-,";:.iA.~~.~..:,:':.~_::...~:s"~rc ';,-';".r~..c..:.,~-~"'f-.~:.",,}!',,~-;.i~.:?..~. Wednesday, January 10, 2007 Page 2 of 3 Agenda Item No. 9A February 27,2007 Page 8 of 8 Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Christopher F. Sutphin 596-1351 8720 Bay Colony Drive, #104 596-1351 Naples, FL 34108 ('t5 (In:eI E-Mail: chris@cfsbbs.com!..... ~ ~ District: 2 Category: Resident OS/22/01 03/22/05 01/29/05 03/31/09 4 Years 4 Years This 15 member committee was created by Ord. No. 90-111 and amencled by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District On 11/3198 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11 , 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5128/02 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial & business interests within the unit. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732-2725 On 01/24/06 BCC adopted Ord. 2006-05, amending 2002-27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT 125.01 Staff: Barbara Smith, Pelican Bay Services Division: 597-1749 i':":: :',."~'--;:,;.,~-~:r,i:'!.'I!-'-:::':".'_~:':':<L~':"i,'_;~_::~:';:~;::";:~::""~~.':"-.:~..:z'Z?::"'::::':'A"":4:7:nr,~~..,.:"C":",;<:;:"."':':":':';"~,"_,;:,'~'~-:.,::~-::r~:;:;;':I',:.;--!~atQ'i?a;; ::'.~;x:.~~~~~;~;~~~';lC';t! Wednesday, January 10, 2007 Page 3 of 3 EXECUTIVE SUMMARY Agenda Item No. 98 February 27,2007 Page 1 of 29 -- APPOINTMENT OF MEMBER(S) TO THE BA YSHORE BEAUTIFICA nON MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3,2009, to the Bayshore Beautification MSTU Advisory Committee. CONSIDERA TIONS: The Bayshore Beautification MSTU Advisory Committee has 1 vacancy due to a resignation. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. Mr. Raymond Perrine resigned on December 4, 2006. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY mg ELECTOR ADV. COMM. - Barbara A. Sage Does not reside within MSTU 4 Yes None Joseph Borgia, 5'" Resides within MSTU 4 Yes None David Allen Does not reside within MSTU 3 Yes None Karla Gibbs Resides within MSTU 4 Yes None David Woodworth Resides within MSTU 4 Yes None William Conrad WilIkomm Resides within MSTU 4 Yes None Alan Eugene Hubbard Does not reside with MSTU 4 Yes None COMMITTEE RECOMMENDATION: William Conrad Willkomm FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 27, 2007 - Agenda Item No. 9B FerJruary 27, 2007 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 98 Item Summary: Meeting Date: Appointment of mernDer to the Bayshore Beautification MSTU Advisory Committee 2/21/2007 9 00 00 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 2/6120076:45:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/151200712:15 PM Agenda Item No. 98 February 27,2007 Page 3 of 29 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: February 12,2007 SUBJECT: Bayshore Beautification MSTU Recommendation to the Board for filling vacant position. The Bayshore Beautification MSTIJ has received and reviewed seven applications by the prescribed deadline for its vacancy. Applicants were evaluated based on the potential contribution to the Committee. Three of the seven applicants (Barbara Sage, David Allen, Alan Eugene Hubbard) did not reside and/or owned a business within the Bayshore MSTU Boundaries. The applicant listed below meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant, William Conrad Willkomm for appointment to the vacant term as indicated below: TYPE OF TERM NAME APPOINTMENT EXPIRES W. Conrad Willkomm New March 3,2009. FIELD OF EXPERTISE/CATEGORY Resident of Naples 2<H- years. Presently owns - Law Office of Conrad Willcomm, PA Background - Graduated from Naples High School, University of Fla. University of Miami School of Law Community Activities - Past president of Bayshore Cultural Arts. Transportation Services Division All. Transportation Modes Department Memo- Sue Filson February 12,2007 Subject:: Bayshore MSTU - Recommendation for vacancy Agenda Item No. 9B February 27,2007 Page 4 of 29 The three applicants bellow meet the criteria required to be eligible for the committee and reside within the MSTU's district boundary as well. NAME Joseph Borgia Karla Gibbs David Woodworth FIELD OF EXPERTISE/CATEGORY Resident of Naples 21+ years. Presently owns Borgia's Ultra Modem Homes and Roofing Company. Background - Graduated Lely High School, 10 yrs. Continued education for state license - Building Contractor and State License Roofing Contractor, Ex- Deputy Sheriff. Community Activities - Coached Pal Football, YMCA & Little League Baseball for II years, Ran for East Naples Fire Commissioner this year. Resident of Naples 3+ years, Presently employed by Collier Enterprises. Background - BA Political Science, Minor Latin American Studies, Fluent Spanish, Basic Italian. Community Activities - None Resident of Naples 28 + years, Presently is an Agent - Sun Realty, LLC and Business Owner orv oice Box Services, Inc. Background - Bachelors of Forestry - Stephen F. Austin University, 1977), Masters in Education - University of Miarni. Classroom teacher Collier County Public Schools for 24+ years. Community Activities - None Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 98 IAll>r~?z.. 20Q.l.02 4='~~ ~ 8\'iB MEMORANDUM DATE: January 2, 2007 Elections Office ~ ~ / Sue Filson, Executive Manage~ 4 j Board of County Commissioners TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BA YSHORE BEAUT MSTU ADV COMM v;/ ~f COMMISSION DISTRICT Barbara A. Sage 3515 Thomasson Drive Naples, FL 34112 vt Joseph Borgia 5th 2723 Riverview Drive Naples, FL 34112 r'~~/ vy/ o J David Allen 405 Leawood Circle Naples, FL 34104 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 If"'" l/i t/}l/ v\ \ v\ /' LYv e' ~,' { Karla Gibbs 2670 Storter Avenue Naples, FL 34112 David Woodworth 2735 Lakeview Drive Naples, FL 34112 William Conrad Willkomm 4108 Cindy Avenue Naples, FL 34112 Thank you for your help. Agenda Item No. 98 February 27, 2007 Page 6 of 29 (- Bayshore Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Raymond Perrine - .erJ 775-3408 06/28/05 03/03/09 4 Years 405 Leawood Circle (f516r- ~AI\P 775-8539 Naples, FL 34104 ,1.' E-Mail: perrine. inc@comcast.net District: 3 Category: Commercial Property Owner Mr. Victor L. Brittain 04/27/04 03/03/05 1 Year 2779 Becca Avenue 793-3223 02/22/05 03/03/09 4 Years Naples, FL 34112 E-Mail: barecloset@aol.com District: 4 Category: Resident Mr. Thomas E. Finn 03/11/03 03/03/06 3 Years 3524 Windjammer Circle 793-2085 02/28/06 03/03/10 4 Years --" Naples, FL 34112 '--=~; E-Mail: Tfinnster@comcast.net District: 4 Category: Resident Mr. Maurice Gutierrez 263-0572 08/03/99 03/03/00 8 Months 2736 Shoreview Drive 774-7022 01/27/04 03/03/08 4 Years Naples, FL 34112 E-Mail: District: 4 Category: Resident Mr. Bill L. Neal 03/03/98 03/03/00 2 Years 4800 Yacht Harbor Drive, #822 774-6325 01/27/04 03/03/08 4 Years Naples, FL 34112 E-Mail: District: 4 Category: Resident Wednestky, March 01, 2006 Page 1 of2 ..../ c- C---.,. (~:< Agenda Item No. 9B February 27,2007 Page 7 of 29 Bayshore Beautification MSTU Advisory Committee Name Work Phone Home PIrone Term 2nd Term Appt'd DateRe-appt Exp. Date 2ndExpDate This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. Terms are 4 years. FL STAT 125.01 Staff: Tessie Sillery, Transportation Operations: 213-5840 ~, Wednesday, March 01, 2006 -.........., Page 2 of2 Agenda Item No. 98 February 27,2007 Page 8 of 29 MEMORANDUM DATE: January 2, 2007 TO: Tessie Sillery, Transportation] Ope'ons Sue Filson, Executive Manager · Board of County Commissione ~ FROM: RE: Bayshore Beautification MSTU 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: Barbara A. Sage 3515 Thomasson Drive Naples, FL 34112 Joseph Borgia 5th 2723 Riverview Drive Naples, FL 34112 David Allen 405 Leawood Circle Naples, FL 34104 Karla Gibbs 2670 Storter Avenue Naples, FL 34112 David Woodworth 2735 Lakeview Drive Naples, FL 34112 William Conrad Willkomm 4108 Cindy Avenue Naples, FL 34112 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 ---~l , I Agenda Item No, 98 February 27, 2007 Please let me know, in writing, the recommendation for appointment of the advisory conurii'ttee 9 of 29 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 Advisory Board Application filson_s Page 1 of 1 Agenda Irem No. 9B February 27, 2007 Page 10 of 29 ~ From: barbara@cptcollier.org Sent: Thursday, December 28,2006 9:24 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/2006 9:24:08 AM. Name: lBarbaraA. Sage! Home Phone: 1239-417-55411 Home Address: 13515 Thomasson Dr.1 City: jNaple~ Zip Code: ~ .-- Phone Numbers Fax: 1239-263-79311 Business: 1239-263-83831 e-Mail Address: jbarb~cptcollier.or~ Work Place: !children's Advocacy Center of Collier Countyj How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ffi Are you a registered voter in Collier County? ~ Board / Committee Applied for: lBayshore Dr. beautification boardj Category: !Not indicated! Do you currently hold public offiice? ffi Do you currently or ever served on a Collier County Board or Committee? ffi Please list our communi activities: am on the annual gala committee for the second year at Children's Advocacy Center of Collie o. I am a volunteer with the Conservency ofSWF. I have organized and run a water aerobics o in Pelican Ba . -. Education: IBs Recreation and Youth Leadership from Michigan State University/ 12/28/2006 fitson_s Page 1 of2 Agenda Item 1'110. 98 February 27,2007 Page 11 of 29 Advisory Board Application From: JOSEPPI5@earthlink.net _ Sent: Monday, December 25. 2006 10:26 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/25/2006 10:26:07 AM. Name: ~OSEPH BORGIA 5TH! Home Phone: ~39-775-11321 Home Address: ~723 RIVERVIEW DRIV~ City: /NAPLEs! Zip Code:!Eill Phone Numbers Fax: t239-732-46631 Business: 1239-732-46631 e-Mail Address:~OSEPPI5@earthlink.ne~ Work Place: ISELF- BORGIA'S ULTRA MAODERN HOMES AND ROOFING! - 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 / Committee Applied for: trHE BA YSHORE BEAUTIFICA nON MSTU ADVISORY COMMITTE~ Category: /Not indicatedl Do you currently hold public offiice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: / FAX LETfER BUS. OWNER, COUCHED PAL FOOTBALL FOR 11 YEARS, OACHED AT YMCA AND LITTLE LEAGUE BASEBALL. ALSO RAN FOR AST NAPLES FIRE COMMISSONER THIS YEAR, EX DEPUTY SHERIFF RADUA TED LEL Y IllGH, 10 YRS. CONT. EDUCA nON FOR MY STATE LIe. mLDING CONTRA TOR,AND STATE LIC. ROOFING CONTRACTOR. 12/28/2006 ~ -. -4 _ D~c 25 06 lO:31a .. JOE BORGIA 239 -732-4SS3 p.2 Agenda Item No. 98 February 27, 2007 Page 12 of 29 BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE! DEe, 25. 2006 TOO WHOM IT CONCERNS; I JOSEPH BORGIA HAVE LIVED ON 2723 RlVERVIEW DR. OFF BA YSHORE IN THE SAME HOUSE FROM 1977 TO DATE. I HAVE A STATE CERT. BUILDING CONTRA TOR LJC. AND A STATE ROOFING LIC. I HAVE DONE BUILDING ALL MY LIFE, MY F AMlL Y OWNED CONSTUCTION BUS., AND HAS BEEN ACTIVE SINCE 1955. I WOULD BE A GREAT ASSET TO T~ BA YSHORE GA TEW A Y TRIANGLE. DUE TO ALL OF TIiE NEW IMPROVEMENTS THAT ARE IN ACTION NOW. I BY HOMES FIX THEM UP AND SELL THEM. I HAVE PROPERTIES IN NAPLES, LEE AND CHAROL TTE COuNTIES. WHEN I FIRST LIVED ON SA YSHORE IT WAS KELLY ROAD, WHAT THE ADVISORY BOARD HAS DONE, ALONG WI THE COUNTY COMM. IS F ANT ASTIC. I COULD SEE ANY FUTURE PROJECTS AND GIVE THE BA YSHORE COMM. PROFRSSIONAL ADVICE, W/ PRICE A.ND ALSO READ PLAN'S , AND SEEK THE BEST WAY TO IMPROVE WHAT HAS BEEN STARTED TO SAVE THE TAX PAYERS MONEY. I AM ALSO A DEPUTY SHERlFF FROM HURON COUNTY, OillO. MY UNCLE . WAS SHERIFF FOR 6 TERMS Al'.ro MAYOR. I WOULD GO UP IN THE SUMMERS OR WHEN I HAD TIME TO WORK FOR THE HURON COUNTY SHERIFFS' DEPT. LIKE I SAID, I HAVE LIVED OFf BA YSHORE FOR 30 YRS. I ALSO RAN FOR EAST NAPLES FIRE COMM. THIS YEAR I HA VE 5 PATENTS, OWNED A RESTAURANT, AND HAVE BEEN A BUILDER, ROOFER AND DE VLOPER IN EAST NAPLES. ) WOULD BE HONORED TO BE PART OF REDEVLOPING BA YSHORE AREA, BECAUSE YOU.HA VE DO~1E A SUPER JOB TO DA TE. COLLIER COUNTY EAST NAPLES HAS BEEN GREAT FOR ME FINANCIALLY, AND FOR MY F AMIL Y, SO I WOULD LOVE TO GIVE BACK TO MY HOME AND COMMUNITY,ALONG WI MY EXPERIENCE IN THE BUILDING AND REMODELfNG TO COME IN THE FUTRE. Dpc 25 06 10,31a JOE BORGIA 239 -732-4663 ~.3 /\genda Item No. 9B February 27. 2007 Page 13 of 29 . THAKS A LOT' ~.<j. . (' }\~fi";' ;'.",_ __.'~ ,. ',_ -.JeSEPI4'Ji6;mA ;+rr-.- 2723 RIVERVIEW DRIVE NAPLES. FL. 34112 775-1132 I FAX 732-4663 BORGIA'S ULTR MODERN HOMES . . DEC-19-2005 02:36P FRDM:( R GROJP OF NAPLES 239-263-1906 10:774361212 P.l Agenda Item No. 9B February 27,2007 Page 14 of 29 ~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) "....3602 <<~__t~..~ .' ".1Il'\ . . "', '"I. ~ 'z ""/ . -.: t' ..... r .:j' Application for Advisory Committees/Boards ~.me:J)t'\,~; rJ A II eN l..{o r I.1/ANJOod CI',-dt., HOll1e Phone: l19. Z (,1- 58.58 j '(10 1../ d4l..llerv e~rN~pks, W" Buslnels: ~crl RA.I a.-..l Fovd '-" l.,..c. Board or Committee AppliN for. M T"f; v-. - B.. 'f c"-or<. Category (if applicable): "gc...........:n 0.....,..,..../1" Enlnple: Commlal.. Dltf1tet, DeYdopw,IfIYI"",.....lbt, IIY pen.., ere. /" No No / Are you. registered voter In Collier County: Vel Do you curready hold public omee? Vel If HI, whit it Ihlt ornee? ~ Do you no!\' ..."e, or h... you .".r .."~ on I Collier County b.rd or eo....ltt..? v. I( yes. pleHe lilt the committees/bona: No V Please lilt your community 8cdvltle. (civic clubs, neilhborhood 8.soci.doa" eIC. and posldollalleld: 'i?o+-~ Cl... (,. ~-tJ... ~ (".I...t~ ~~ f~.'" . -( r:c ,,-'-J ,1......./ Da'~...4,.$ Education: ~~ f'{ S - ,tA ",,'.,. ,'~J.._..JIW Experience: -4 ",,,.,~ "lId iIIU' tItIiJJ1IfnttII iItf--- JltlfI f-I pmJMftt. TlIIIl/lllllktIJfM ..lII '-fill'WQr>dfnI tfI S R FII_, E.ucll"~ MVlDpr '- Iht BIJIII'IIII eo."" C_"""IHf'f, JJ(JI &III T_I."" TIlIIfI. NqltI, I't HI IZ. t!YOfl wI.."" plHlt.fU YO.' .""..""" ,,, (139) ?'4.].fJl IIr _U '" ll"tnl~""'ikM1I_. _ ",.U /#MIlo, 1101"","""," _III. ciliuM 6/ClIIJittr COWIlly. Advisory Board Application filson_s Page 1 of 1 Agenda Item No. 98 February 27,2007 Page 15 of 29 From: karla-.Qibbs@mac.com _ Sent: Monday, December 18,2006 12:37 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/18/2006 12:37:07 PM. Name: !Karla Gibb~ Home Phone: ~39 297-39611 Home Address: 12670 Storter A venuel City: lNaple~ Zip Code: !Hill Phone Numbers Fax: I Business: I e-Mail Address:~arlagibbs@ftlac.coml Work Place: !collier Enterprise~ __ How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: jsayshore Beautification MSTU Advisory Committee! Category: !Not indicatedj Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: I Education: _ jsA Political Science, Minor Latin American Studies, Fluent Spanish, Basic Italian! 12/19/2006 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 341 J2 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 98 February 27,2007 Page 16 of 29 <<~ f1.!\' /~ I"' . . . -:-- - f~ Application for Advisory Committees/Boards Name: David Woodworth Home Pbone: 239-774-5060 Home Address: 2735 Lakeview Drive Zip Code: 34112 Fax No. 775-562-5700 Business Phone: 239-793-8642 e-mail address: dwoodworth@naplessunrealty.com Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services, Inc.) Bayshore Beautification MSTU Advisory Committee Board or Committee Applied for: C t ('f l' bI) resident and property owner a egory I app lea e: Example: Commission District, Developer, environmentalist, lay penon, etc. Are you a registered voter in Collier County: Yes X No Do you currently bold public office? Yes No X If so, what is that oftiee! Do you now serve, or have you ever served, on a Collier County board or eommittee! Ya Ifya, please list the rommittecslboards: No X Please list your community activities (civk clubs, neighborhood associations, de. and positions held: Education: Bachelor of Forestry (Stephen F. Austin University, 1977), Master of Education (University of Miami, 1979) Experience: classroom teacher, Collier County Public Schools (1979-1993) Everglades City School, Naples High School. and Shadowlawn Elementary School. Business Owner (1993-present) Voice Box Services. Real Estate Sales (1994-present) Blue Bill Prooerties (four vears) now with Sun Realty. LLC for over two years. p/etlse IlItadt tufY i1dditiotuIl infomtlllimlJ'flflfeel ~ Thb IIppiktItIimf IJu.Jd I1effll'tlltll'd<<llo &Ie FIbott, Exa::utive MfI1UI6t!I' 10 1M BotIrdDfColUrty ~ 3301 EIISt TtIIfUmi T1viJ, NapIG, FL 34112. lfJ'flfl "'It,pk<<seffIXJ'fIfl'l,ppIiaItiOlf UJ (239)774-36020' e-IfrIIi/ UJ su..fil~OIr:a('ollierI!Ol' nf?l TltIlllkJ'flflftJl' voburteeri"ll UJ serve 1M cJJJu1t6 DfOJlller 0lruI(y. 12!29/20J~ 17.02 FA~ Con-ad Willkom~_PA ~ 002/002 Agenda Item No, 98 February 27,2007 Page 17 of 29 Soard of County Commissioners 3301 Enl Tllmillmi Trait Nllples., FL 34112 (239) 774-BU" Far: (239) 774-360Z i(.~~t~T\\,J .' ,"\ '. '.,/ " , ~ ( ..... ~ \ . '.J , . -f .t.. ,. Application for Advisory Committees/Boards ,. Name: CON~A-o W\LL\4art""\~ ___ Home Plume: d3~... .3 'lce- aa5~ Home Addr"I:~1 c::fi? C - ~oY ~&.JUI; _---.Zip Code: 3l.\~J~ Pall NO~~lIl1i"ns PhoDe:~-5"'a.3 f:-mdl .dclress:C~~ ~~'t~\"Q.~';P-,~ - <:on- BlUineSlJ....Au.J aFF1.<.~ oF- Co.-J RM W\u..KCI"'I"'\~ ~ p. A , Bo.... ~mm~pplied lor:JiB'4~ ~ ~.-B~~ 'KS\U J),o"\~'1 - - CC:+Ho\ ,~ Catt:ory (if applicable); t.........: c-..II.... DUlrlcc. Dc...luper, eaylror.lllUIIIII.1, I.y p.mla, otto ./ No A.-e you. rectltered \loter in CoWer County: Yes Do yo'll curn:utly hold public oroce7 Y,S It so, ",bat ill that umttT f'o ./ Do )'Oil now II:rn, or have JOIl ,vcr ,,"ed. 1111 II Collier COllnty beard or CIIlmlllittn1 YII 11 )'01, P"" lilt tile .."ulllltl:811bo.rd.: No / Pie... IUt your community actl"itiel (civic clubs, ne' hborhood assoclaUonl, etc. Iud PQsiUons heJel: e; WI.; - \ \ Edllcation:N~LE~ \+\"'" ~~LI !.IN'~~ ~ oP- ~\QP. UN\"~n"'i CJ~ HI~' ..,Gl-+oc:s.. oP Lc..W · ~. rIIJ,"," /In.!' IIddirit>".II"I_.,iM ,,,,,.Jal IN"'''''.' Tld..,u.:8IMM ,Jo,_ItI".. p,rncrtWf ,,, SIIII fo";k"ff. ~"'iw MUlI/IIf" .. IIwIlN>'d ./c."".? C."~l:'J/. '~J Evl T_'-'I r,tUJ, !.;~ I'L U r J1. If]ll>II ...u/J. ~c f..: J'OI" "fIfJIIt:..... ", (7ft) 174 -JHJ ", _1IiI ~ .1WIi1_,rfi..a>JJim1J1'....d Tluuri )I0Il1'" ""burtft,;rq:,o .,1:,"", 1Ifl: elllufl$ "C~, C~, Al Hubbard 3051 Sandpiper Bay Circle Suite 1-106 Naples~ Florida 34112 239-213-9438 Fax 239-213-0737 bin1oickUilaol.com AI Hubbard(/i)m~n.com Agenda Item No. 98 February 27,2007 Page 18 of 29 ,......--- RECEIVED U ',; :1(., ---, ...~ ,'.\: ~ U ~_,/.,~~:.) I Soard cf County Gommissioners Delivered via e-mail to Ms. Lisa Resnick December 29~ 2006 Mrs. Sue Filson, Executive Director The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: Thank you for your consideration of my background data for openings to the Collier C01U1ty Advisory Committee/Commission openings. My in-depth review of the requirements and proximity of my residence to the various requests provide me with one of two considerations: * H Creek Maintenance Dred' Advisory Committee * Bayshore Beautification MSTU Advisory Co ee Since there are budgetary issues involved in each, I have chosen and would appreciate consideration for the Bayshore Beautification MSTU Advisory Committee. The primary over-riding factor for me is the excitement involved in the GatewaylBayshore Triangle project~ in its entirety. Recognizing that there is only one vacancy available, compared to five in the Haldeman Creek project, I would still appreciate consideration for this opening. As you may see from my background, I do have experience in similar projects, although outside the U.S., and budgeting experiences that could be beneficial for either of these Committees. I believe you have in your possession the remainder of the experience, background, and education documents sent earlier in the week. Thank you for your consideration. Sincerely, AI Hubbard Mr. AI Hubbard Agenda Item No. 98 February 27, 2007 Paae 19 of 29 ; -. 3301 East Tamiami Trail Naples, FL 34112 Tel. (239) 774-8097 Fax (239) 774-3602 To: Mr, ~~~~ J~ ~a- oL.rc- ~l '-- C-uy' ~ Cl j'::'- .e.. t'V\.~ . f.k vJ; {l e-t-tOO s---<- ......J.. Jl$~ +- ~ 'f- b GJ-C_}c...' . Lisa Resnick, Administrative Aide Fax Fax: 239-213-0737 Phone: 239-213-9438 Date: 12/29/2006 Re: Advisory Board Application cc: o Urgent o For Review 0 Please Comment 0 Please Reply 0 Please Recycle . Comments: I am contacting you on behalf of Sue Filson, Executive Manager to the Board of County Commissioners. Ms. Filson received your Advisory Board application form, however it is incomplete. You must apply for a specific Advisory Board or Committee. Please choose an Advisory Board or Committee from the openings described below. Please contact me with questions at 239-774-8097 or by email atlisaresnick@collierQov.net. Thank you. < > Agenda Item No. 98 February 27,2007 Page 20 of 29 A.I Hubbard ~ Sudpfpel- &.y arde Saltc 1-106 N8pIer., Florida J.cll1 119-213-9008 Fat 139-Z13-n131 W-"'lbIo\li!__ AI RullMnlIilm_ RECEI\lE:D DFe 2820GB l30lJrct of C otJnly Commie- . ~1I/0lJel"3 Ddhwed via Fa to: 239.714.Jti02 Ms. Sue Filso~ Executive Director The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, F10ridn 34112 Dear Ms. Filson: Upon pc:rusa1 of the article in Monday, Deoom.bet 2S, Nqples DatI)! News, I determined it was time for me to become more active in the community in which I am home. I have lived in Naples for nine-yeats, full.ti.mc; and part-time prior. The publici7.ed open Ad\'isoty CommissionlCommitt.ee pos:i1ions are quite divergent and I am not certain in Ie'Vicwing them. what precise qualifications are required, or for which I may he qualified. in certain instances. At any rare, I offer whatever seniccs you and your associates, upon review of my aedentials enclOllCd with this Fax, may deJ:ennioe for which I would be best considered. if any. If my profile( II) do not particularly fit those being sought at this time, perhaps )'OU would Jc.eep the profile(s) in mind for future openings. What is not included in the pnfiles are the cities in which I have lived and a few of \"IY'hicb I participated in civic activities...(Marion. IN; N8JX2ViUe, IT..; Peoria, IL; Looisville, KY; Winne~ IL; Nonhbroot. IL; Lincolnshiret IL; Dallas. TX; Frisco, TX; Scottsdale, AZ.}. I recogni2e fully that the enclosed. documentation may well be quite an overload of information. but you might as well ~ the complete story. . .,' lH I t8 3:>\;l'd 31~I~JSS~ a~~gnH I~ LEL0E lZGC:1: 19:Ll 900~/10/€0 r. .0 Agenda Item l\Jo. 9B February 27, 2007 Page 21 of 29 Page 1 of3 Advisory Board Application eFonn Advisory Board Application . City Required . Postal Required . Email Required Please fiU out the following form to apply for a Collier County Board / Committee. Once you have filled out all the necessary fields, click the button below. Name: IAlan Eugene Hubbard Please type your name as it appears on your voters registration Home Address 13051 Sa~'piper B8Y CirCle, Suit81-106 City I Naples 134112 Zip Code Home Phone Fax: f239.21~9438 123~213-9450 Ex. 239-555-5555 Ex. 239-555-5555 Business Phone 1239-213-0737 Ex:. 239-555-5555 Important: E-mail address is required to receive a copy of your application. Email Address: lbigalnick@aol.com Place of E~loyment: fA! Hubbard Associates. Inc. How long have you lived in Collier County 1s-10 ..:1 Have you been convicted of any offense against the l.A"~,.t) '0.'0 vI Jc1 w: ., ..:.J http://gis.colliergov .netlwebsitelvision/bcc/advisorv RoaJ'd A nnlp.fn'l'm /n~f".lIlt ,,1:1....... ~ .... "'.. ,.... ^^, (l!/Z13 39t1d 3J.l;II8OSStl .a~anH l\;l L8L0E1ZE;EZ: ;:::S;:L t '380ZIHl/8i3 ~ " Agenda Item No. 98 February 27,2007 Page 22 of 29 Page 2 of3 Advisory Board Application eForm . Are you a registered voter in Collier County? I Yet ..:J Board or Committee Applied for~ ICheck Qu"lIfications Category: ( if Applicable) (Not indicated i.e., Commission District, Developer Environmentalist, Citizen At-Large, etc. Do you currently hold public office? fN03 Do you now serve, or have you ever served 00 a Collier County board or committee? . INO ~ Please list your community activities and positions held: .' ~~:~. Example: Civic clubs, neighborhood associations, etc. Education: as, MS ~'" Experience / Background hUp://gis.coIHergov.netlwebsitefvisionlbcc/advlMl'VRMM A ,,1\J...fl'\nntn..f'.... '" .._ . .. _.. __ 4. ~ IH/EB :m~d 31.11!2lOSS'Q' O::lii'SanH li;l L8L13Et~6e:~ -- 2:9:L t 90l3Z/te/813 ~ . Advisory Board ApplicatiOll eForm See Attached :!).... Einail Sue FilsOn J Reset I Any information provided to the Board of County Commissioners Office in connection with the Collier COtmty website shall become a public record and available to the public in accordance with Chapter 119. Florida Statlltes. The Board of County Commissioners Office shall be free to use such information on an unrestricted basis. Sue Filson, Executive Manager to the Board of County Commissoners 3301 East Tamiami Trail Naples. FL 34112 You may also fax your application to (239) 774-3602. http://gis..coIliergov_netlwebsitelvisionlbccladviMrv&lITdAnftI,..F^",,,m..f'.,.I. .....-. lilt 11>0 39'i1d 31VI~OSS\;;l GC:M3SnH 111 LEL0E tG6EG AC]enda Item No. 98 -February 27,2007 Page 23 of 29 Page 3 of3 GS:L t 9EH3&/10iE;~t.. 03/01/2086 17:52 23'32130737 AL HUBBARD ASSOCIATE AgendEi'Atmn 1961 Dm February 27, 2007 Page 24 of 29 "SUIJ(d ~nq J1Y~ JO[m.I ~~:)!:IP ~ SU8(d ~:{.-w pUE ~snq ~p:lW ~ 01 SOJfU8dwoo ~n:) ~ ~rnsuo~ SS'J.}:)OS peAoftr.' s;q pmqqt\H sam~~~~ . ~~~M~X3 · saopsuodroo ~\JApd.!OJ UO~ ~ OApdeo~"'"BO . ~~~ 'T-fd pue ~l.{S QOUB[9Q · ~3 jUl~OS'PlO · UOJJ!S~.lOJPU8 ~pMp ~JOJ ~OS~:J · 8aJllJOJdPW~JWV ~~Wk{ ~g · =QI8 P"'P!^0Jd ~;)J^IiiIS aql8uowy 'gwoorn, puB ~ ~snq 8t.qAnJdUl! ~~ pm3 ~~JO~ 8u?q~.r=.J8:) ~ ~~ ~~, put 'uo9v.m~ jUJPlI.lUW~ QUodmo VUO SMtUp pmqqnH ~PI~ ~ ~ ~A>>S uoptQ!~ ~ ptm 8ur-J{8RIOO s;JpJ^0ld .~ '~OOSSV pmQq{\H IV 'IYo.Id IAlIf1n& ~A JoI01IS BOHIV6tZ tIIK.PJ.IeU~ .~ Mr.i......"S 60r ~ -lU~fVIUf'l (s..o 6.UKtZi'la ~tMt ltltf~ 'IItdwN Olil" ~.'POS....."'" US ~III 'RJ8pOWV p.nrqqDB IV J......... ~aHIV . ~ .. ,. I Agenda Item No. 9B February 27,2007 Page 25 of 29 AI Hubbard .ck2rollDd * AI Hubbard holds Badldonof ScleDce ill AtcoDllbDgIMlU"ketingIRetailing; ....Dd... Muten of Sdeace III CoJ1M)l'at'e FiDance * AI Hub_rd fttired from Sean, Roebuck and Co. in Chleaao, JL as a FiuDcia.I 0f:6daI rouclud.inc a 3O-year sueeessfol fiDaIlciaJ careert iDdudiD& GeoenI Manager of 5-Operations Centers employIne alp to 450 etIlp16yeea, cited &II suausfu.1 contributor fol' UIltItaDdiag coatriboCioD to corporate pro&.. Hubbard enjoyed a saior marketin& posi1iou where tile eompany eatnasted m. IIJ'OUp with an S85 mIllioD b_ctget to aequfre new eustoDlen Dd improve wes and profits, the 110- of 'Whidl were exeeeded.. HlIbbard'. Qreer included Govel'lUDent Main OfIIeer for SeA,. FiII.aeial Semca OI'Z'*4tiOIl, iDdadiD& a Washillgfon, DC 10bbyiDg positi.OD for tIte corporate acquildioa of ",0 baDIdng ~n~ and AaJulIIdoD of Den-Wittert Reynolds Co., ud Coldwell Banker Real Estate c:oDlpallie&. * AI Hubbard and his fa:miIy in the 1970's to 1990'11 acquired five BaskbI-Robbiru la Cre8Dl stores in tlae Cldcago. Iliaois market, tur'IlJDc eaell from laekhuter pt:rlonaaaee to ontlbDdiag faeilitia, in ~es, margies, aad desip. Tltese smres uea acquired showed S3OO,ooo in grou reftD1IeS. At the time of their sale, the 1l'OIII aales esmeded 53,_,000. * AI Hubbard odIor AI Hubbanl..Alloda~ lDc.1w npneenttd several com,.ues 10 0ff- shore InsDI"UlCe fadBdel to _....p Variable Annuity Plans structured te sue the COlllp'nlc:s mllllou of dollan ill .........nee pnmita... outlays. · AI Hubbard was suttasful Presideat of two precious metaIa mining c:orpontiou. before eeasiJIg opentioDs .. precioRs metals aaiDiItt became ..pnt1tab1e. 1t AI Habbanl aadlor AI Hubbard Associates, lac. bas repra.ted . nomber ofvendM"S of various scrvica and produds to . variety of OOIBpu1c8 s~Urinl: III ftDaadaIaen1ces. · AI H..hhard.. ESealdft Diredoraf. FiDaDeial Sentiees T...d~ Corpobtioll (SOl(c).l}. converted. from rSOl(c)6) status, consiRia& ill esct'.8S .f 150 senior finucial esecutives. Hnbbard bas bad e.xperieDce with this organizatiou for some 3O-yean, servbIg on tbe Board 01 Directon and in every omcer posidob, includiBC President. · AI Hubbard is m\'olved in repJ'l.SelldDg ownl'l'l of lIigni1iaant land boldinp to dfJVeJopers aad CODStnldion eompaaies for the ecmstruetlotl 01 resorts in Me:&:ko. * AI Hubbard and/or .AI Hubbard AISociates.Int. are meorporated in the U.s.. Mexioo, and Gnnd Caymu. 1. AI Hubbard Associates, IDC. (A Tuas "C" Corporadoa) 2. Se~ del Oero., MX 3. Omega Investmeof Corporation, L TO ,. At &bbmU. ud parIIlers e.ttabl~hed a MlmaaI FIIIICl &:ompaay, ~mpJcte with Iep. representatioo, regulatory authority "DctIo., admiDiltndOD, aDd mU'keted to "rue toJ'l!ign investment limu.. Bt!9121 3!:)l;jd 31~IOOSS~ a~8nH 11;;1 LUl2lE:ll6E:C: lS:Ll 90121C:/l@!El2l 83/01/2006 17:52 2392136737 AL HUBBARD ASSOCIATE Agen~ JnY.:fIB February 27, 2007 Page 26 of 29 NDIIf.I ~...Gd.I.~ ~pP~ '~"K · "3S1I · N.OUV.:luwr ~l OJ fI'86l'l.~ ~pIIO;)...UftJ.as ~..O.:) . ~I OJ /.861 'Jot prapnpaO;)..........1IRS JaJtdP8J't . Dd.cI.....A\ .(.rpnJHII" 'luflu--o ..........l . JDJf1t..~ Jla;Jonl)"'UllHIIdInrlsw "'8;) QPlU::> . ~Jcud ...-o.....OUS ~A . sappa a.nQA.!I"'~ pLlKI . ~. "'1Q8it.(...~ . l:a(apn ...oaamH"'pll~ J!PU;) . ~ snon..U1\r"P).JOA\ 18!<J....1.!I . 9NDlV3dS QN:V SNOUV.:Jnfllld (66J .......Q '-1.....8 8S6l ~AJ1IJl~8 8pl.lOU w,.t8N: RAJ. ......~.N 1ND.1 'IIIp(l IJOIIIIU ~lp.loN: . oJatq:J AI~""4Y.)JO ....lNI....-:> . ~~~ IIQPSI........ ~ . ~O:)~~ aGtJUa~J ~....8N . Ipa1IO::> ~ ...:J..-t.r..'.....d~.. .~~~ . ~ JRd"....GPUJCJ. "~:t ?tIJ 1PDO::> ~ ....,.. JIPU::> . ~.t 1IMp1l~......::>.......0;) . .IJl'IID Iqq.IWW........:l ."P'-'l "~.aIO;) ~...~..... 0MIf AgopllpClllV ~ pIIO!J""-'1IJ · SNOlLVl"RUV IRIOpJlOd: .-+.pIl3UJ: PPl!I po eauod.lo;) --N Q~u~::> ~ CWJ.-~ruRa9 8a~~pp1l1RlJ.(~~ ~-ndUlO:) A..IoJ8fII1q~as ~.aocI.Io;:) U!8IJV ~"d paw JWm:1U~A09 ~ ~......ocI.ro;) dDO.l~~V RId~S-p.llO~ .Iaowo ~ ~~ J8Pwh'~ .....~.uod.Io::> 8S61'fi6l "0;:) PU8 'l:tllq~ ~ . 9OOt1illl61 A".lJAolilS 1IOJPIMIPU4 pa 'QJNano,:} . <IN.O.OllmDVU: Ull'C "I'#IOU ~JdDN 9(J/-/ ,.~ Mil ~ [StlC <8861 pupaI).r~.nra.(~ f'Cf.lu..!JI saws . ~~ ~~ IWJ...RIJ.f · 88611*P!Jq.I~""cl Juppm.o;> · .LNV~rmswro SDIAlI':IS 'lVDNVNLf 1IJ-a I'J1IOInd pI'I1qfrIH IY ;:0 ... Agenda Item No. 98 February 27,2007 Page 27 of 29 B""~ AI......... PNdpII Al Hnbbard ~l Servita Group .,.. Shd,8Da6, Sle.3!D ZIt/J1JoHSt fax 2>>121U731 ~r' ...'" CGlft Profile AL HUBBARD ASSOCIATES. INe. RODeu ~ aDd FiDodal Resource Senicet A. Locate FiDaDdal Resource for compania leekfDg growth or merger/HqDisttioD. B. lDtroduetioo to FUaaDdal Reaoun:e.. C. Preparatioa ofPnuDtadon to FiDaDcial Raoufte. D. P'reparatioD ofDoc:lUDeDbI for Flnandal M~I AU(uisitionlSale 1. BtlsiDal Plan 2. Pro-Forma 3. Use ofProeeeds -t. StateIaeDt of Rationale E. Co..~Cive Scnrica IDitial Publk otferia2 Serriees (Jp()) A. Lofate m~tR-ke..fDr "Bridp Fiunm.g" U. lM:ak hoper B~rlui Maker for Pablie Offering C. Loeate Proper Attorney ncl CPA D. PreparadoD ofBaaillea Plan for Attorney aDd erA E. Interlace wida AttOl'1ley F. Prepualioa of Scripts for "Road Show" G. Review P....pedus with Attorney 8Ild CPA ~-shore CaPital AeoulsltloD A. Locate Appropriate Caplbd Retource B. Preparation ofDoeumeata for Illveatmea.t Firm coDSkleratioD 1. !klti...... Plan 2. Pro-FOI'IIIa 3. Use ofl'roceeds 4. StatelDat of Rationale C. Locate Proper Off.....ore Attol1ley IDSW'BIlce .... Truitt A. OfC-sbon BlDiIlcss lDsurmaee Produds 1. Locate, IDteniew .It _iIt ia seIedioIl of IuUl'Dee Man8aen IJId UndenYriters Z. Privately Held Compaaies lIloM rewarded 3. Use oflllSURDfe PremiumI for IDvestmeDt. Best use of Premium Expense 4. I.vestDaent (Swap) at RoJl..Oven. Stoc!k Accumllladob, PmIicm Buy._ etc.. S. Locate Retlt-ll-c.pttve, a:adIor OwD-a.capdve 11IIUl'Utee CtlIDpPy IH,/ 89 39'\1d 31~I806S~ a~~gnH l~ L~L0nC:;bSC; C:;9:L1 9BG~i1e/~B 03/61/2066 17:52 AgencfMJ:l!m Mf.39E February 27, 2007 Page 28 of 29 239213El737 AL HUBBARD ASSOCIATE J1IlM8&Q.1dlU} 0I0J uoplll0D8 ~nI"'.S '.A.PB ~.pru;) 'ApaJs "r aOJIIIW .IoJ .........W .IOfUS 'P!M. ,-In::> Ot iJ~.IO!Id I'D JIA.Lm:)JO ~ oJ , ..og~ ~S .I0J 1.IMD3ft1D 183p;).~ po 1afIaJ~ U1Jfd ..... .10, ~ a-*qtaAI"o:) '11 ~ .uUO>>H bJcIn.orna 0' ba.JyUOfPiIIlO:) "5 ~mo.:> ptJlI"lf 'I!'l -p doquaPl P'" J1q:JapJ ~ UJ1I8dUlO':> ~mp~ "q ~.lapp.lMpv .. ~~"t 3wp.na0lJ1I() A20totnpt~ .........0.... T -.p.rns PUUOI.Iad Ot JuaidopMIQ nw: IIlHIf1ID8 "I :.rOJ N~...dlH .1OJNDA pn Dop~.1 "V "* '11080') '.w.dlllo~ 3O>UlnlM 'p.n:.> 'IDfJ 11.0 AgOJ lIa~....ckI ~QOS au ~~"'CIIO;) ~ .."Uf4 ~.qpt:)Olq ~qaqy.mtD.18 ~~l\lIJ "€ Ia~q ~ JIIIP'IBW "t $aApll~q .IOfllas Iupfng oJ If3-1Ci11S ~"P~q "r;mbpnou" "V J-~~~r.i (~~ .IOfPU8 'lDu1"'U 'p......d)~AIlJ ~ 'S . IJIlHQAAIIJ ~ OJ' (~ .....A()1l0lj oopGad 'uaAQ1lOlf ~S) ......... 1fS'Q .t; sa::JU~nm:up J81I.P!AI.PIl! "OJ .Aa1UO#V.u.PlI "t. S33~1~ ~PIll.lOJ DflJ1ld1llO:) Jnu~ IJIC3O"J oJ SJP!IOd aJrI p. .,...UV 3.I.oqt-JK) 11 ~1ll ~ paqqllJllV t*d . " 03/01/2086 17:52 2392130737 AL HUBBARD ASSOCIATE Agendll'AtlE!n Ml0/lJIll February 27,2007 Page 29 of 29 OJ.OOl'.laJ,Rllb M1P.l0J ~ !pAl ~JO lpUIIlI'J 'fI 'SllOlJ"'"'Vpe,d IIlp.A- pa ....aml1l03 .IoJ IaJndm03 ~s oJ I(lloIDPJ paw 'WI" 'tupq.Rw allp .IoJ IIOPftJllJlI "'lUaJUJ 110 ~... WlI "3111_~ pull p.I8QquH IV SPUllo.dltmt >>JlIi03 JYCUcl ptnr ~ ',paqqllH llJlM, SJWlIIUIOAll! ~UJ paw AJlS <<PM, .~ WpIponv p.rwqqon IV fijllid , ~, Agenda Item No. 9C February 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY REQUEST BOARD TO SET THE PLACE AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S OFFICE, TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE V ACANCIES ON THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To set the place and time to count the mail ballots for applicants seeking membership on the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. - The terms for David C. Nordhoff (resident), Donald Spanier (resident), and John Iaizzo (resident), will expire on March 31, 2007. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DISTRICT ELECTOR Martin S. F eins Resident 2 Yes George R. Metcalf, III - withdrew 1-25-07 Resident 2 Yes Robert A. Pendergrass Resident 2 Yes John Iaizzo Resident 2 Yes Anna M. Halikas Resident 2 Yes Theodore J. Raia Resident 2 Yes Donald Spanier Resident 2 Yes Michael Levy Resident 2 Yes Ordinance 2002-27, Section Eight, subsec. iii, states, "The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. - THE PLACE AND TIME FOR COUNTING THE BALLOTS RECOMMENDED BY THE CLERK IS: The Clerk's Conference Room on the 5th floor in the Courthouse on Tuesday, March 6, 2007 at 2:00 p.m. Agenda Item No. 9C February 27,2007 Page 2 of 3 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners set the place and time to count the ballots as: The Clerk's Conference Room on the 5th floor in the Courthouse on Tuesday, March 6, 2007 at 2:00 p.m., and direct the County Attorney to prepare a resolution confirming the place and time. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 27, 2007 Item Number: Item Summary: Meeting Dale: Agenda Item No. 9C February 27, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Request Board to set the place and time for the Clerk with the assistance ot the County /-I.ttomeys Office to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services DivIsion Board 2/2712007900.00 ;,M Date Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office 216/20076:45:13 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 2115/200712:25 PM Agenda Item No. 90 February 27,2007 Page 1 of 3 From: muddj Sent: Friday, February 16,20079:21 AM To: ochs_l; bodinejudi; brock_m Subject: FW: Speed Zones FYI. Mary-Jo add an item to para 9 - Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. From: ColettaJim Sent: Friday, February 16/ 2007 7:55 AM To: DLCOMM Cc: mudd.J; weigeLd; 'Mayornaples@aol.com' Subject: FW: Speed Zones Fellow Commissioners: _. While I am not a supporter of Naples City Council reducing the Naples Bay boat speed limits, I must admit that in retrospect I have to agree with Mayor Barnett regarding issues of community concern being decided at the end of the BCC meeting under Commissioner's Comments. While we may well be within our legal rights to conduct the people's business without due notice, it doesn't serve our citizens well when decisions are made on the fly without due notice. I am requesting that a item be added to our February 27th BCC agenda under #9, Board of County Commissioners, for discussion and hopefully to give us direction for proper actions under Commissioner's comments at future Commissioner meetings. In order to stay within the Sunshine Laws this communique is intended to be a one way communication and no reply is warranted. Jim Coletta, Chairman Commissioner, District 5 ~ From: Mayorna ples@aol.com [ma ilto: Mayornaples@aol.com] Sent: Thursday, February 15/ 2007 3: 12 PM To: ColettaJim Cc: manager@naplesgov.com; council@naplesgov.com Subject: Speed Zones Dear Jim, Agenda Item No. 9D February 27,2007 Page 2 of 3 Thanks for the conversation we shared yesterday afternoon regarding the County's decision to draft a permit application to Florida Fish and Wildlife mimicking the City's current speed zones in Naples Bay that are already in place here. As we discussed this seemed to be a last minute item, never advertised, and no prior public knowledge that this was going to be an agenda item. I think we both agreed that this type of action taken, whether by the County or the City, doesn't do much for our respective leaders trying to work together, no matter what side of the issue one is on. We were both right that there would be negative feedback because of the way it was done, and I am hoping that there might be a way that you could get this reconsidered, at least to let us have some input. I think it would be beneficial for all concerned. I greatly appreciate your help, and regardless of the outcome I feel comfortable that you and I will continue our friendship and ability to continue to openly discuss issues, whether we agree on them or not. Sincerely, Bill Agenda Item No. 9E February 27,2007 Page 1 of 4 ."'~-,. EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER ADOPTING A RESOLUTION PERTAINING TO THE CITIZENS OF COLLIER COUNTY AND THEIR RIGHT TO THE USE OF ANY AND ALL COLLIER COUNTY FACILITIES (COMMISSIONER HENNING). OBJECTIVE: For the Board of County Commissioners to consider adopting a resolution pertaining to the citizens of Collier County and their right to the use of any and all Collier County Facilities. CONSIDERA TIONS: Through impact fees and property taxes, the citizens of Collier County essentially pay for the construction and maintenance of Collier County Parks and Recreation Facilities; therefore, the citizens should have, with due notice, the first right to use said County facilities. FISCAL IMPACT: There is no fiscal impact associated with this proposed resolution. .-. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this resolution. LEGAL CONSIDERATIONS: Legal considerations to be forthcoming from the County Attorney's office. RECOMMENDATION: That the Board of County Commissioners adopt the proposed resolution to ensure the citizens of Collier County are afforded the opportunities provided to them, through their own funding, as residents of Collier County. Prepared by: Commissioner Tom Henning February 21,2007 -- Item Number: Item Summary: Meeting Date: Agenda Item No. 9E February 27, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E That tl1e Board of County Commissioners conSider adopting a reSolution pertaining to the citizens of Collier County and theIr right to the Lise of any and al! Collier County Facilities. 2/27120079:0000.!lM Date Prepa red By Sam Tucker Board of County Commissioners Executive Aide to the Bee Bce OffIce 2121120071:23:55 PM Sue Filson Date Approved By Board of County Commissioners Executive Manager to the BCe Bce OffIce 2/21/20072:08 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/21120074:17 PM Agenda Item No. 9E February 27,2007 Page 3 of 4 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO DETERMINE THAT THE CITIZENS OF COLLIER COUNTY DESERVE PRIORITY USE OF COLLIER COUNTY PARKS AND RECREATION FACILITIES. WHEREAS, the citizens of Collier County, whom, through impact fees, essentially paid for the construction of the North Collier Regional Park and all other County park facilities; and WHEREAS, the citizens of Collier County, whom, through property taxes and other miscellaneous fees essentially pay for the maintenance of all County-owned and operated parks and facilities, including the North Collier Regional Park; and WHEREAS, it has been determined that the citizens of Collier County are forced to take a back seat to soccer and softball tournaments and the use of these facilities at the North Collier Regional Park; and WHEREAS, the citizens of Collier County should be considered the priority user at the County facilities; and WHEREAS, with due notice, the citizens of Collier County should have first consideration of the use of Collier County facilities. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The citizens of Collier County. whom funded the construction and continue to fund the maintenance of Collier Countv Parks and Recreational facilities should be 2iven first consideration. over non-residents. of usa2e of Collier County facilities. This Resolution adopted this motion, second and majority vote. day of , 2007, after ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: Assistant County Attorney Agenda Item No. 9E February 27,2007 Page 4 of 4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN 2 Agenda Item No. 10A February 27, 2007 Page 1 of 8 .- EXECUTIVE SUMMARY Report to the Board of County Commissioners on the blasting activities at the Jones Mine Commercial Excavation Site OBJECTIVE: To provide a report to the Board of County Commissioners (Board) on the blasting issues and complaints associated with Jones Commercial Mining Operation. CONSIDERATIONS: At the November 28, 2006 Board meeting, Mr. Joseph DiMurro, a neighbor to Jones Mine, under Public Petition 6A., voiced his concern with blasting at Jones Mine and the alleged damage to his residence. The Board requested the Engineering Services Department to provide a report to the Board at the second meeting in January. Mr. DiMurro requested that the report be presented at the February 27,2007 meeting. . 1. The Board approved Resolution 99-420 in November, 1999 and in doing so approved a Conditional Use (CU) approval for earth mining on the site referred to as the Jones Mine Site. A condition on the approval of the CU was "no blasting" will be permitted. - 2. On June 20, 2006 the Board approved excavating up to a depth of 60 feet or to the confining soil layer and to allow blasting of materials in an Agriculture (A) Zoning District. The hours of blasting were limited to 9:00 A.M. to 4:00 P.M. with a stipulation that blasting activities shall not exceed eight (8) times a month with a three (3) second maximum duration with a low volume and close blasting pattern to minimize noise and vibration. The County agreed to have one County Engineering Inspector on site at each blast occurrence to monitor the noise and the vibration level read by the seismograph. 3. The County does not issue Blasting Permits for commercial mines. Florida State Statute 552.03 stipulates that the State Fire Marshal shall have the sole and exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with commercial mining activities. See attached letter. 4. After the Public Petition, the blasting contractor volunteered to reduce the amount of explosives per blast by 20-25%. Attached is a chart that identifies all the complaints the Engineering Services Department has received on blasting including the date, person registering the complaint, address, nature of complaint and action taken. Also attached is a Blasting Log that provides the date of blasting, the inspector on site providing the monitoring, the number of holes, charge per - hole, and the seismograph readings (vibration and air blast noise). All blasting activities to date Agenda Item NO.1 OA February 27,2007 Page 2 of 8 have been below the levels contained in the Code of Laws and Ordinances of Collier County Blasting Limitations. It is staff policy to investigate all blasting complaints and to instruct the blasting contractor to contact the complainant and conduct an investigation as well. In addition, staff advises the complainant to contact the State Fire Marshal, the agent regulating and controlling blasting operations for commercial blasting operations throughout the State. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: The Board of County Commissioners accept this Report and provide guidance to the County Manager, or his designee. Prepared by: Thomas E. Kuck, P.E., Engineering Director/County Engineer Item Number: Item Summary: Meeting Date; Agenda lIem No 10A Februarv 27.2007 Page3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOA Report to the Board of County Commissioners an the blasting actiVities at the Jones Mme Commerclai ExcavatIon site (Joseph K Scnrnltl, Administrator Community Development and Environmental Services) 2127/:00790000 AM Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services COES Engineenng Setlfices Director COES Engineering ServIces 2/112007 1 :08 PM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2113/20078:35 AM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 21131200710:54 AM Approved By Joseph K. 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CO 0) 0 ..- N M V It) ..- ~ ..- oc- ..- ..- ~ ..- ..- ..- N N N N N N Agenda Item NO.1 OA February 27, 2007 Page 6 of 8 TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE FIRE MARSHAL STATE OF FLORIDA December 27, 2006 Mr. Thomas E. Kuck, PE Engineering Services Director/County Engineer Collier County Government Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Kook: Thank you for your inquiry concerning the monitoring of blasting activities at commercial mines. Section 552.30(1), Florida Statutes, provides that the State Fire Marshal shall have the sole and exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with construction materials mining activities. Such authority to regulate use shall include, directly or indirectly, the operation, handling, licensure, or permitting of explosives and setting standards or limits, including, but Dot limited to, ground vibration, frequency, intensity, blast pattern, air blast and time, date, occurrence, and notice restrictions. Section 552.30(2), Florida Statutes, states that the State Fire Marshal may by rule or formal agreement delegate to a county or municipality the monitoring and enforcement components of regulations governing the use of explosives by construction materials mining activities. A county can charge a fee pursuant to Section 522.30, Florida Statutes, only if a county has been delegated enforcement authority by written agreement with the Department. A review of the records in the Division reflect that no written agreement has been established between the State Fire Marshal and Collier County, therefore no delegation has been made to allow Collier County to engage in the monitoring and enforcement components of the regulation of the use of explosives by construction mining activities. Therefore, it would appear that Collier County may not engage in the regulation of any of the activities covered under Section 552.30, Florida Statutes. Any explosive use occurring within your county by person or company not primarily engaged in the commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials remains subject to the provisions of Section 552.25, Florida Statutes. RANDALL W. NAPOLI. DIRECTOR DMSION OF STATE FIRE MARSHAL 200 EAST GAINES STREET. TALlAHASSEE, FLORIDA 32399.0340 . TEL 850-413-3601 . FAX 850..922-1235 . Be 293-3601 EMAlL . RANDAll. NAPOU@FLDfS.COM AFFIRMATlVEACTION. EOUAlOPPORnJNTlY EMPLOYER Agenda Item NO.1 OA February 27,2007 Page 7 of 8 Mr. Thomas E. Kuck December 20, 2006 Page Two Florida Administrative Code 69A-Z.024(l2) states that nothing in this rule shall impact a county's or municipality's authority to exercise whatever powers are not prohibited by Section 552.30, Florida Statutes. Please advise us if Collier County is requesting to enter into an agreement with the State Fire Marshal to engage in the monitoring and enforcement components of the regulation of the use of explosives by construction mining activities. If you have any questions, please feel free to contact Bureau Chief Jim Goodloe at 850.413.3620, or via o-maiI at iim.g;oodloe@fldts.com. Feb 19 07 11:438 Jones Mining Comp 2393041519 Agenda ItB~ NO.1 OA February 27, 2007 Page 8 of 8 RECEIVED ,UNTY M;: NAG~R 01=~ . -....", FE3 2 , 2007 fiLE JOSEPH DIMUlUlO 4920 20m STREET N.E. NAPLES, FL34120 (0 A February 19, 2007 VIA: U.S. Mail and e-mail IamesMudd@colliergov.net Mr. James Mudd. County Manager Collier CoUDty Government 3301 East Tamiami Trail Naples, FL 34112 Re: Jones Mining Company, u.c and Jones Mine, WIthdrawal of Public Petition and Other Complaints Dear Mr. Mudd: 1 hereby withdraw my previously filed public petition concerning Jones Mining Company, LLC aDd Jones Mine on Immokalee Road beard and contiJued by the County Commission at its Novembec 28, 2006 meeting. I also heRby withdraw any and all other complaints previously filed with various officials of Collier County concerning Jones Mining Company, UC and Jones Mine, including but not limited to AlMS 2465. It is my understllnding and belief that all the activities associated with the Jones Mining Company, LLC and Jones Mine's operations are in compliance with County and state regulations. Sincerely, c?~ tJ~ Joseph DiMurro Agenda Item NO.1 OB February 27, 2007 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to award Work Order HS-FT-3785-07-03 in the amount of $2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF), as Projects 739503 and 739504. OBJECTIVE: To obtain Board approval to award a work order to H&S under Fixed Term Utilities Engineering Contract (FTUEC) 05-3785, for professional design, permitting, bidding assistance, geotechnical services, contract administration, operations and maintenance training, operational support, and surveying services to expand the NCWRF from its current capacity of 24.1 MGD MMADF to the ultimate build out capacity of 30.6 MOD MMADF. The public purpose is to increase Collier County's wastewater treatment capacity and reliability to ensure the ability to meet the peak wastewater demands of Collier County's customers. CONSIDERATIONS: The NCWRF was last expanded to a total rated wastewater treatment capacity of 24.1 MGD MMADF in April 2005. The 2006 Annual Update & Inventory Report on Public Facilities as approved by the Board on January 24, 2007, prescribes that based on current and future growth and population projections, it is imperative that the NCWRF is expanded to 30.6 MGD MMADF and placed into service no later than December 2010 in order to adequately meet the wastewater treatment demands of our wastewater customers. This end state requires that design and permitting must commence in the second quarter of 2007. ,e'- Staff has selected H&S for this work under FTUEC 05-3785, which was competitively procured through an official Request for Proposal process. The final contract was approved by the Board on September 27, 2005, as Item 16 (C)(l4). All thirteen firms were competitively selected based on qualifications and experience. H&S was specifically selected for this project because they have successfully provided similar engineering services for the last two NCWRF expansions in 2001 and 2005, respectively, and for the NCWRF Flow Equalization Tanks project in 2004. H&S will utilize the same design team that has been on all of the County's projects for the last fifteen years which represents solid commitment and continuity. Their cooperation and engineering assistance helped the County to successfully meet or beat all of the milestones of the 2001 Florida Department of Environmental Protection's Consent Order. Their engineering efforts and teamwork certainly helped achieve the dissolution and release of the Consent Order in 2006, ten years in advance of the original release date. .- H&S is currently performing the NCWRF Capacity Analysis, Modernization, Maximization, Enhancement, and Optimization Study which will yield findings, conclusions, and recommendations that will form the conceptual basis for this proposed expansion project. They are also conducting the NCWRF Operational Readiness Study which will also be utilized in the planning and design of this expansion project. Therefore, H&S was selected for this work because they have surpassed the initialleaming curve of familiarity with the NCWRF, they have the most engineering experience with, and direct knowledge of the NCWRF, and are intimately familiar with the specific requirements needed to successfully perform and permit this proposed expansion based on their past and current services performed at the NCWRF. They have demonstrated teamwork, cooperation, and excellent customer service. Their experience and knowledge will result in a better engineering design product, a small learning curve, if any, to get familiarized with the facility and associated upgrade requirements, a best value, less expensive, and shorter design effort to accomplish the required services to expand the NCWRF to 30.6 MGD MMADF. Executive Summary Approve Work Order HS-FT-3785-07-03 Page 2 Aaenda Item NO.1 08 - February 27, 2007 Page 2 of 31 Staff has negotiated fees that are fair and reasonable, and are commensurate with current market conditions and most current rates in FTUEC 05-3785. Under the County's Purchasing Policy, all Work Orders for these services that exceed $200,000 must be approved by the Board. Staff recommends that the Board approve this Work Order which will exceed $200,000. Also Article 1.2 of FTUEC 05-3785 states "... that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County." This Work Order will comply with the specified maximum annual limit. Two previous unrelated Work Orders totaling $150,350 were awarded to H&S this year. This Work Order in the amount of $2,846,000, when combined with the previous two which total $150,350 will still result in total awarded Work Orders this year of $2,996,350, which is under the maximum limit of $3,000,000. This Work Order, full scope of services, associated fees, and time line are attached for reference. The required engineering services are intentionally divided into two phases: 1) this initial Work Order will include design, permitting, bidding assistance services, soil borings, and surveying services, and 2) a future second Work Order utilizing one of the other thirteen firms under FTUEC 05-3785 will be brought to the Board for approval for the construction engineering and inspection services during construction. Included will be detailed observation, contract administration, and additional services such as operational follow up services from the plant bum-in through the one year construction contractor's warranty period. This proposed project is consistent with the FY07 Water Capital Budget approved by the Board on June 6,2006, Item 10 B. FISCAL IMPACT: Funds in the amount of $2,000,000 are available in Project 73950 (413), NCWRF Expansion to 30.6 MGD MMADF. A budget amendment is necessary to transfer funds in the amount of $490,000 from Project 739492, (413) SCRWF Expansion to Project 739503 (413) and $356,000 from Wastewater User Fees Reserves (414) to Project 739504 (414). The source of funds are Wastewater Impact Fees (87.49% of total) and Wastewater User Fees (12.51 % of total), respectively. This distribution is allocated to the appropriate Impact Fees and User Fees to accurately reflect the appropriate areas being impacted by this work. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order HS-FT-3785-07-03 under Fixed Term Utilities Engineering Contract 05-3785 to Hazen and Sawyer, P.C., in the amount of$2,846,000. 2. Approve exceeding the individual Work Order limit of $200,000 per provisions of the Purchasing Policy. 3. Approve the necessary respective budget amendments. 4. Authorize the Chairman to sign the standard work order after approval by the County Attorney's Office. - PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering Department Item Number: Item Summary: Meeting Date: Agenda Item No. 10B February 27. 2007 Page 3 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 108 RecommendatIon to award Work. Order HS~FT -3785-07 -03 In the amount of $.2.846,000 to Hazen and Sawyer, P.C (H&S). for professional engineering services to expand the North County Water Reclamation Facility iNCWRF) to 30.6 million gallons per day IMGD) maximum month average dally flow (MMADF) as Project 73950 (Jim Delony, Administrator, Public Utilities) 2/27/2007900.00 AM Date Prepared By Peter Schalt, PMP Public Utilities Senior Project Manager Public Utilities Engineering 1/26/2007 3:36:47 PM Date App roved By Steve Carnell Administrative Services Purchasmg/General Svcs Director Purchasing 1129/2007 8:45 AM Date Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering 1/291200711:30AM Date Approved By G. George Yilmaz Public Utilities WasteWater Director WasteWater 211/200710:21 AM Date Approved By Jon Pratt PubliC Utilities Treatment Plant Superintendent Wa steW ater 2/1/200710:49 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities OperatIOns 211/20071:59 PM Date Approved By Lyn Wood Admimstrative Services Purchasmg Agent Purchasing 212/2007 1 :11 PM Date Approved By Roy B. Anderson. P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 2/6120074:03 PM Date Approved By James W, DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 217/2007 11 :22 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2113120072:06 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20075:31 PM Date Approved By James V. Mudd Board of County CommiSSioners County Manager County Manager's Office 2/17/2007 10:33 AM WORK ORDER #HS-FT.3785-07-03 Agenda Item NO.1 08 February 27, 2007 Page 4 of 31 Agreement for Fixed Term Professional Engineering Services Dated September 27. 2005 (Contract #05-3785) This Work Order is for professional engineering services for work known as: (Title): NCWRF Expansion to 30.6 MGD MMADF (Reason for Proiect): To ensure adeauate compliant reliable capacity to meet the wastewater demands of Collier County's customers. referenced above, Work Order #HS-FT-3785-07-03 is assigned to Hazen and Sawyer, Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task 1 - Design Report Task 2 - Preliminary Design Task 3 - Final Design Task 4 - N/A Task 5 - Contract Administration Task 6 - N/A Task 7 - Additional Services: Permitting, Geotechnical, Surveying, Bidding, O&M Training. Operations Support Schedule of Work: Complete all work no later than 52 weeks from Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly raters) as enumerated in Schedule "A" of the Agreement), Fund 413.263613-73950 Task 1 LS Task 2 LS Task 3 LS Task 4 (List all Tasks) $ 187,000 Task 5 LS $1,130,000 Task 6 $ 830,000 Task 7 T&M $ N/A Total NTE $ 289,000 $ N/A $ 410,000 $2,846,000 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Peter Schalt, PMP, Senior Project Manager Date REVIEWED BY: Dr, George Yilmaz, PhD, Wastewater Director Date REVIEWED BY: William D. Mullin, P.E., PrinCipal Project Manager Date REVIEWED BY: Date Roy B. Anderson, P.E., Public Utilities Eng. Director REVIEWED BY: James W. DeLony, P.E., Public Utilities Div Administrator Date REVIEWED BY: Lyn Wood, Purchasing Contract Specialist Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: James Coletta, Chairman Deputy Clerk Approved as to Form and Legal Sufficiency: Hazen and Sawyer, P.C. Assistant County Attorney Date: ATTEST: (Corporate Secretary) By: By: Signature Type Name and Title Type Name and Title (or) .witnesses (2) (1 ) (2) Signature Signature Print Name Print Name Agenda Item NO.1 OB February 27,2007 Page 5 of 31 SCHEDULE A SCOPE OF SERVICE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF COUNTY PROJECT NOs. 739503, 739504 - CONTRACT NO. HS-FT-3785-07-03 Schedule A consists of the following phases: AO Description of Project A1 Design Report A.2 Preliminary Design A3 Final Design AA [Not Used] A.5 Construction Contract Administration A6 [Not Used] A.7 Additional Services A.O DESCRIPTION OF PROJECT A.0.1 Background The NCWRF is rated for a Maximum Month Average Daily Flow (MMADF) of 24.1 MGD. The expanded NCWRF contains two distinct biological treatment processes. The older (northern) portion of the plant includes a series of oxidation ditches that provide 9.6 MGD (MMADF) of treatment capacity. The newer (southern) portion of the plant contains 14.5 MGD (MMADF) of conventional aeration basins each in the two-stage Modified Ludzack-Ettinger (MLE) process for nitrogen removal. Both the "Oxidation-Ditch" plant and the "MLE" plant discharge into their respective sets of traveling bridge filters and chlorine contact basins to meet high-level disinfection reuse requirements. Reuse quality effluent is pumped by the Reuse Pump Station to reclaimed water customers. "Reject" water not meeting reuse standards is stored in reject ponds and/or disposed of down on-site deep injection wells. Solids removed from both portions of the plant are aerated, thickened, dewatered and hauled off-site to the Okeechobee landfill. NCWRF process facilities are summarized below: · Pretreatment Facility with four (4) mechanical screens and three (3) aerated grit chambers. · Three (3) Oxidation Ditches with mechanical and two floating surface aerators. · Twelve (12) Aeration Basins, each containing jet aeration systems in the anoxic zones and fine-bubble diffused aeration systems in the aerobic zones. The Aeration Basins are served by a Blower Building containing three (3) 300 hp and two (2) 150 hp multi- stage centrifugal blowers. · Nine (9) Secondary Clarifiers. J: ProsCollierWOH $-FT-3785-0 7-03 Page 1 of 26 Agenda item NO.1 OB February 27,2007 Page 6 of 31 . Four (4) Sludge Pump Stations (for return activated and waste activated sludge). . Twenty (20) traveling bridge effluent filters. . Five (5) Chlorine Contact Basins. . Hypochlorite Storage/Feed Facility. . Two (2) Aerated Sludge Holding Tanks. . Two (2) Aerated Sludge Feed Tanks. . A Dewatering Building with five (5) belt filter presses and ancillary equipment (polymer system, belt press feed pumps, wash water booster pumps). . Two compliance points for Orbal and two for MLE . Two chemical scrubbers and one biological unit for odor . No grease and septage side stream processing . Two Equalization Tanks . Two sludge feed tanks . Two reclaimed ponds . One reject pond . Two percolation ponds . Two Deep Injection Wells (DIW) . One ASR well (in construction) . Re-Use Pump Station . DIW Pump Station . North South IQ Interconnect . North-South Raw Interconnect A.O.2 Study to Maximize Plant Infrastructure (Ongoing) The CONSULTANT is conducting the Capacity Analysis, Maximization, Modernization, Enhancement, Optimization (CAMMEO) Study under a separate Work Order, Task 5 of the CAMMEO Study is a "Study to Maximize Plant Infrastructure". Given the changes in wastewater treatment technology since the older portion of the plant was constructed, the J:ProsCollierWOHS-FT-3785-07 -03 Page 2 of 26 Agenda Item NO.1 08 February 27, 2007 Page 7 of 31 purpose of the study is to evaluate the older portion of the plant to maXimize usage, performance and efficiency of plant infrastructure. The COUNTY requests that all available options for long-term improvements be considered and screened for reliability, sustainability and feasibility (technical and cost). The study is evaluating whether existing processes should be eliminated and replaced with alternate processes. Examples of process options being considered are as follows: . Example 1 Should one or more of the oxidation ditch/clarifier trains or a portion of the MLE activated sludge system be converted to a Membrane Bioreactor (MBR) process to provide some or all of the required build-out capacity? . Example 2 If one of the oxidation ditches is converted to an MBR process replaced per Example 1, can the remaining oxidation tanks be used for additional influent flow equalization, aerated sludge storage or reclaimed water storage? . Example 3 Is there a practical use for the Chlorine Building that was abandoned when the County converted from chlorine gas to sodium hypochlorite? . Example 4 Is there sufficient disinfection capacity when certain process changes are made? . Example 5 Are there alternative disinfection methods? . Example 6 Can air supplied for mixing and biological process be optimized? . Example 7 Is there flexibility built into the design to accommodate EPA and FDEP rule changes and permit modifications? . Example 8 Does RAS screening enhance treatment capabilities? Present-worth cost analyses of capital and O&M (power, chemicals, etc.) costs for the screened options will be performed to provide an economical comparison of each option against each other and against the baseline present conditions. The final recommendations from this study as accepted by the COUNTY will provide the conceptual Basis of Design for the NCWRF Expansion to 30.6 MGD MMADF. This conceptual Basis of Design shall then be further developed into detailed design criteria under Phase A.1 (Design Report) of this project, as described later herein. A.O.3 General This project includes engineering services for the pre-design, design, permitting, construction administration (partial), training, operational support and additional services for the North County Water Reclamation Facility Expansion to 30.6 MGD (MMADF). The work will be designed as a single bid package to consolidate construction. Construction substantial completion is scheduled for December 2010. CONSULTANT and sub-consultants will have a minimum of twenty years experience in the design and construction of Wastewater facilities in Florida. J:ProsCollierWOHS-FT-3785-07 -03 Page 3 of 26 Agenda Item NO.1 08 February 27,2007 Page 8 of 31 Note that the work encompassed by each phase will be dependent upon recommendations developed in preceding phases and fully approved by Wastewater Department staff, as accepted by the Board of County Commissioners of Collier County (herein after referred to as COUNTY). A more detailed discussion on each phase of this Scope of Services is presented below: A.O.4 Performance Measures The COUNTY has identified the following performance measures that shall govern the design, construction and implementation of the Expansion to 30.6 MGD MMADF project: 1. The plant will be designed to handle seasonal peak daily flows and maintain production of sustainable IQ water at the following compliance levels: a. Minimum of 75% of daily flows during 100% of calendar year providing water quality with no fecal coliform count; and b. Less than five fecal coliform counts for remaining 25% at each compliance point. 2. The site development and facilities will provide a system with the ability to equalize diurnal flows and to handle instantaneous peak flows of up to 60 MGD. Hydraulic profile of the entire system will be designed to handle equalized peak flows corresponding to a minimum of 30.6 MGD MMADF. 3. Each separate treatment component will have the ability to perform to its functionality independent of other treatment components. 4. Full automation and SCADA to provide instantaneous readings and adjustment capabilities for hydraulic flows, biochemistry, compliance, sidestreams, and equipment profiles and integrated dynamic modeling. The system - in full automation - will provide full treatment, IQ production, compliance with permit operating parameters and the flexibility to adjust to future permit conditions. 5. Provide ability for all flows to be directed manually or automatically. 6. Provide spill containment areas for all storage tanks (chemical and/or fuel). 7. The stormwater management system will be designed with incremental containment areas for sanitary sewer overflows (including manholes). 8. New and expanded facilities shall be designed with odor control measures (e.g., odor containment, collection and/or treatment) such that those facilities produce no off-site odors. 9. New and expanded facilities shall be designed to ensure they comply with the COUNTY's noise ordinance. 10. Operational safety is non-negotiable. New and expanded facilities will be designed to comply with federal, state and local safety regulations. J:ProsCollierWOHS-FT-3785-07 -03 Page 4 of 26 Agenda Item NO.1 08 February 27,2007 Page 9 of 31 11. Design all new facilities in accordance with Florida Building Code wind-loading criteria. The COUNTY has stated that new "critical" facilities and components should be designed to withstand Category 5 hurricane wind-loading. Critical new facilities and components will be jointly reviewed and identified by the CONSULTANT and the COUNTY. Wind-loading criteria in the Florida Building Code and other applicable standards are not identified by hurricane categories such as the Saphir-Simpson Scale (e.g., Categories 1 through 5). The CONSULTANT will review wind-loading criteria with the County during preliminary design, including those for "essential" facilities as defined by the Florida Building Code (e.g. - hospitals, water treatment facilities, etc.) and FEMA Design and Construction Guidance for Community Shelters (e.g., 200 mph wind gusts), in order to establish the required wind-loading design criteria to be used in final design of critical facilities. 12. Electrical power distribution systems for new and expanded facilities will be designed in accordance with EPA Electrical Class 1 Reliability standards and to be consistent with the electrical power distribution system reliability provided for the MLE Facility (Electrical Service No.2) under the most recent plant expansion. The electrical power distribution system associated with Electrical Service No. 1 will be retrofitted to meet equivalent reliability standards. 13. CONSULTANT will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability. 14. CONSULTANT will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season, rainy season and IQ high demand season). 15. 0 & M manuals will be completed, approved and delivered before substantial completion of construction. A.O.5 The Project Will Specifically Address The Following Issues: A.O.5.1 Pretreatment Facilities Existin!:! Facilities The existing Pretreatment Facilities consist of a common influent chamber, four mechanical screens with one manual screen/bypass channel, four aerated grit chambers, and a flow distribution channel with motorized, flow-proportioned weir gates to distribute flow to Aeration Basins Nos. 1 through 7. A separate consultant is designing enhancements to the existing Pretreatment Facility (under a separate work order) to improve staffs ability to operate and maintain the grit removal system. Areas being evaluated include the following: · Measures to prevent bridging and compacting of grit in the grit chamber collection sump. Initial measures identified are the addition of booster pumping to increase reclaimed water pressure to the hopper flushing connection and the addition of a compressed air flushing connection. J: ProsCollierWOHS-FT-3785-0 7-03 Page 5 of 26 Aaenda Item NO.1 OB ~ February 27, 2007 Page 10 of 31 . Piping between the grit chamber hoppers and the grit pumps, as well as the grit pumps themselves, will be investigated to identify any areas prone to plugging. If any such areas are identified, piping revisions will be implemented. Proposed Facilities Under this proposed project, the following work is anticipated to provide adequate pretreatment capacity to for the Expansion to 30.6 MGD 1. Replacement of the manual screen in the bypass channel with a fifth mechanical screen and screenings compactor similar to Mechanical Screens Nos. 1 through 4. Note the COUNTY is currently replacing Mechanical Screens Nos. 1, 2 and 3 with new step-type screens and screenings compactors to match Mechanical Screen No. 4. This work to add Mechanical Screen No.5 will include structural and mechanical provisions to route compacted screenings from the new unit to the collection containers below. 2. Addition of Aerated Grit Chamber NO.5. Provisions were made during the construction of the existing Flow Equalization Diversion Box to construct the fifth grit chamber immediately north of Grit Chamber No.1. Construction will also include ancillary equipment such as a grit separator/classifier, related piping and ductwork to connect he new grit chamber to the existing Pretreatment/Sludge Holding Odor Control System. The scope includes the design and construction of a septage and grease treatment system at the NCWRF. The station will be located south of the MLE Aeration Basins treated liquid to the existing Pretreatment Building. The system capacity will be determined based on historical data and growth projections. CONSULTANT will be responsible for design and methodology of disposal and treatment of all liquid stream components being introduced into the Water Reclamation Facility A.O.5.2 Flow Equalization Facilities Existinq Facilities In addition to the consideration of maximum monthly wastewater flows for plant design, hourly flow patterns which represent variations in customer system utilization must also be considered. Historically in Collier County, hourly variations in wastewater flows have varied from a minimum of approximately 50 percent of the daily average in the early morning hours to approximately 180 percent of the daily average during peak hour periods. The existing Flow Equalization Facilities, which consist of a Pretreatment Diversion Structure, two 1.5 MG storage tanks (with mixing and aeration equipment, return pumping and piping and odor control, was placed into operation in January 2003. The flow equalization system is designed to 1) provide three million gallons of storage, 2) limit peak hour flows to approximately 115 percent of the daily average and 3) bleed captured and stored peak flow volume back to the treatment process during lower flow periods later in the evening and early morning hours. The Flow Equalization Facilities were designed to accommodate the planned Expansion to 30.6 MGD MMADF. J:ProsCollierWOHS-FT-3785-07 -03 Page 6 of 26 Agenda Item NO.1 OB February 27, 2007 Page 11 of 31 Proposed Facilities At the COUNTY's request, a third equalization tank will be provided under this expansion project to provide full flow equalization. The demolition of an existing steel ring digester will make land area available to construct the third 1.5 MG Equalization Tank. The piping modifications will allow for all 4.5 MG of stored sewage to be brought back to the headworks within a six hour period. Recommendations to optimize a automatic control will be implemented into the project's design and construction. A.O.5.3 Activated Sludge Processes Existing Facilities Secondary treatment is currently provided at the NCWRF through a series of seven aeration basins which are physically and functionally divided into two distinct groups. The first group, consisting of Aeration Basins 1 through 3, is oxidation ditches fitted with Envirex Orbal disk aerators. The basins are followed by five secondary clarifiers and associated return and waste sludge systems. The second group, consisting of Aeration Basins 4 through 7, are advanced secondary (fitted for nitrogen removal) plug flow activated sludge reactors utilizing diffused aeration. Each Aeration Basin is subdivided into four passes and configured in a two- stage Modified Lutzack-Ettinger (MLE) configuration. Each pass includes an anoxic zone for denitrification followed by an aeration (oxic) zone for BODs reduction. A jet mixing system (with internal submersible pumps) is provided in the anoxic zone of each pass with the capability of aeration (if the nitrogen removal mode is not selected). The aeration zone consists of fine bubble diffusers. Three submersible internal recycle sludge pumps (two operating, one spare) are located at the effluent end of each basin to return biomass to the beginning of that basin's anoxic zones. Proposed Facilities The current Preliminary Design Report ("North County Water Reclamation Facility Expansion to 30.6 MGD, Phase I and Phase 2 Program", January 2002, prepared by Hazen and Sawyer, P.C. in association with Hole Montes and Associates, Inc.) stated that the MLE facilities would be expanded by adding five aeration basin passes, two secondary clarifiers, and an additional RASIWAS pump station to serve the build-out expansion to 30.6 MGD MMADF. This preliminary design was based on influent BOD and TSS loadings of 300 mg/I and 350 mg/I, respectively. As a result of the ongoing CAMMEO Study, the Year 2002 Preliminary Design Report recommendations will be re-evaluated as follows: 1. Recent analysis conducted under the CAMMEO Study indicates that the Expansion to 30.6 MGD should be designed to accommodate an increase in influent BOD and TSS loadings of approximately 10 to 15 percent. The higher loading rates should be applied to the entire plant's activated sludge processes (existing and proposed). Based on applying the higher influent loading rates to the entire plant, the amount of new aeration basin passes will likely increase over that projected in the Year 2002 Preliminary Design Report. J:ProsCol/ierWOHS-FT-3785-07-03 Page 7 of 26 Agenda Item No.1 OB February 27,2007 Page 12 of 31 2. The ongoing CAMMEO Study is evaluating other activated sludge process options, including the use of Membrane Bioreactor technology. As such, the preliminary design of the activated sludge process facilities required to serve the Expansion to 30.6 MGD MMADF will be determined based on the results of the CAMMEO Study. A.O.5.4 Effluent Treatment Existinq Facilities The NCWRF effluent management system consists of traveling bridge filters, followed by chlorination using sodium hypochlorite. Reclaimed water meeting the above requirements is stored on site in reuse storage ponds. Reuse pumps distribute effluent to the reuse water service area. Excess reclaimed water can be disposed by two deep injection wells at the North County WRF. Effluent not meeting Part III reuse criteria is stored in reject storage ponds and pumped back to the preliminary treatment facility or to the deep injection wells. Twenty (20) traveling bridge filters (TBF) manufactured by Aqua-Aerobic Systems, Inc. are currently in operation at the NCWRF. Eight (8) filters serve the oxidation ditch process train, while twelve (12) filters serve the MLE process train. Five (5) chlorine contact basins are presently in service at the NCWRF. Two (2) chlorine contact tanks treat filtered effluent from the oxidation ditch process train, while three (3) chlorine contact tanks treat filtered effluent from MLE process train. Proposed Facilities The current Preliminary Design Report (January 2002) stated that the MLE facilities would be expanded by adding four traveling bridge filters and one chlorine contact tank to serve the build-out expansion to 30.6 MGD MMADF. As stated in A.OA.3 (Activated Sludge Processes), the ongoing CAMMEO Study is evaluating other activated sludge process options, including the use of Membrane Bioreactor technology. If membrane bioreactor technology were selected as the desired approach for the build-out expansion, and since MBR effluent meets reuse standards for total suspended solids without additional filtration, the scope of work for Effluent Filtration would change considerably. As such, the preliminary design of the effluent filtration facilities required to serve the Expansion to 30.6 MGD MMADF will be determined based on the results of the CAMMEO Study. At the COUNTY's request, the CONSULTANT will evaluate a means of secondary detected at the discharge of any of the primary disinfection chlorine contact basins. Proposed facilities will include provisions for secondary disinfection and associated piping and controls modifications. J:ProsCollierWOHS-FT-3785-07 -03 Page 8 of 26 Agenda Item NO.1 OB February 27,2007 Page 13 of 31 A.O.S.S Effluent Compliance Points Currently the NCWRF monitors three effluent compliance points, which are located at the discharge of Chlorine Contact Basin No.1, Chlorine Contact Basin No.2, and at the combined discharge of Chlorine Contact Basins Nos. 3 through 5. Under past projects, the COUNTY has sought to consolidate sampling points to simplify effluent monitoring. As the NCWRF has become, in practice, an Irrigation Quality (IQ) that if a single compliance point is not meeting reuse standards, the other points can remain in service and the COUNTY can maximize IQ water production to their reclaimed water customers. Under an ongoing work order, a separate consultant is evaluating the existing effluent disposal system, including the configuration of effluent piping, compliance valves, the Reclaimed Water Control Structure, effluent ponds, and the Deep Injection Well Pump Station, to identify means to provide a total of six compliance points for the build-out condition. Separate compliance points would be established for each of Chlorine Contact Basins Nos. 1, 2, 3, 4, 5 and 6. These enhancements will be designed and constructed by others under a separate project. A.O.S.6 Effluent Storage and Pumping ExistinQ Facilities The NCWRF treatment process produces reclaimed water for irrigation of golf courses and common areas. Reclaimed water is routed through a Reclaimed Water Control Structure to storage ponds. Reclaimed water from the storage ponds flows through the Reclaimed Water Screenings Structure to the Reclaimed Water Pump Station, which discharges to the distribution system at an operating pressure of 90 psig. Effluent in excess of reclaimed water demands can be discharged to two on-site deep injection wells. Effluent that does not meet reclaimed water requirements is diverted to a reject storage pond and then pumped back to the treatment units for reprocessing to reclaimed water standards. Reject water meeting secondary effluent standards can also be discharged to the deep injection wells. Proposed Facilities In order to serve the additional flows associated with the Expansion to 30.6 MGD MMADF, the following additional facilities will be required: . Additional Reclaimed Water Pumps · Additional Deep Injection Well Pumps New effluent management facilities will be designed in coordination with the additional effluent compliance points referenced in Section A.OA.5. J:ProsCollierWOHS-FT-3785-07-03 Page 9 of 26 Agenda Item NO.1 OB February 27, 2007 Page 14 of 31 A.O.5.7 Disinfection Existino Facilities Under ongoing, separate work orders, the existing centralized hypochlorite storage and pumping system is being replaced with two de-centralized systems, one to serve filtered effluent. Each system is being located near its respective chlorine contact basins to minimize lengths of piping runs. Each facility will consist of storage tanks within secondary containment structure and multiple chemical metering pump skids with one pump dedicated to each side of each contact basin. Proposed Facilities Storage tanks at each of the new systems have been sized to serve the Expansion to 30.6 MGD. The expansion will require new metering pump skids, piping and instrumentation and controls to serve the new chlorine contact basins. Space has been reserved in the initial system design to accommodate these "build-out" pump skids. A.O.5.S Solids Processing Existino Facilities The existing NCWRF solids process consists of the following facilities: . Two Aerated Sludge Holding Tanks (total volume 1.1 MG), constructed in Year 2005 . One additional Sludge Storage Tank (steel tank, formerly a package plant, then a "digester"), in service for more than 20 years, total volume 1.0 MG . Two Aerated Sludge Feed Tanks (formerly Gravity Thickeners) . Dewatering Building, including five (5) belt filter presses, a truck loading area, belt press washwater pumps, polymer storage/feed system, and office space Waste activated sludge from both the Oxidation Ditch and MLE activated sludge processes are pumped to the Aerated Sludge Holding Tanks (ASHT's) at a solids concentration of 0.8 % to 0.9 %. The ASHT's can be decanted to thicken the sludge to approximately 1.5% solids. The Aerated Sludge Holding Tanks were designed to provide a minimum of two days storage at a plant flow rate of 24.1 MGD MMADF. Thickened, aerated sludge from the ASHT's is pumped to the Aerated Sludge Feed Tanks, which serve as batch tanks to feed the belt filter presses. Each press employs a thickening zone prior to its dewatering zone and produces a sludge cake of approximately 15 % to 17% solids. Dewatered sludge is distributed through a series of screw conveyors to sludge hauling trucks which in turn haul the sludge to the Okeechobee landfill. J:ProsCo/lierWOHS-FT-3785-07 -03 Page 10 of 26 Agenda Item NO.1 OB February 27,2007 Page 15 of 31 Proposed Facilities The current Preliminary Design Report stated that the following facilities would be required for the Expansion to 30.6 MGD MMADF: · Two additional Aerated Sludge Holding Tanks similar to those constructed in Year 2005. These tanks would be accompanied by sludge transfer pumps, aeration blowers, decant pumps, and odor control facilities. These facilities would be located across the existing road and south of the existing Aerated Sludge Holding Tanks in an area currently occupied by a stormwater retention pond. · One (1) new belt filter press and appurtenances, to be installed inside the existing Dewatering Building in a location already reserved as Belt Filter Press No.6. The volume of the additional Aerated Sludge Holding Tanks will be dictated by several factors currently under evaluation in the ongoing CAMMEO Study: · Minimum required storage time. Since the COUNTY hauls dewatered sludge to the Okeechobee landfill, which does not receive sludge after 12:00 p.m. on Saturdays, there are two days each weekend on which the COUNTY does not dewater and haul sludge. Although the COUNTY is currently in the planning stages for long-term sludge stabilization/drying facilities near the COUNTY landfill property, an interim solution must be addressed under this Expansion to 30.6 MGD MMADF project. · Sludge production rates. The increase in influent BODrrSS loading rates discussed above in A.0.4.3 will result in a corresponding increase in sludge production. · Demolition of the existing steel Sludge Holding Tank. The existing steel tank has a total volume of approximately 1.0 MG and was refurbished in 1995. However, there are several facilities that serve these tanks that are either not fully functioning or not compliant with current codes or best engineering practices. Examples are listed below: 1. One of the two air blowers is not operable. 2. The electrical power distribution equipment is located in a room with floor elevation below flood level. 3. The steel tank is not covered and has no odor control system; therefore, decanting and thickening within the tank creates odor issues. The preliminary design of Aerated Sludge Holding Tanks required for the Expansion to 30.6 MGD MMADF will evaluate all of these issues in order to determine required sizing. A.O.5.9 Odor Control Facilities The NCWRF currently operates odor control systems for the following unit processes: · Pretreatment Building (wet scrubber, shared with Aerated Sludge Holding and Feed Tanks) J:ProsCollierWOHS-FT-3785-07-03 Page 11 of 26 Agenda Item NO.1 OB February 27,2007 Page 16 of 31 . Flow Equalization Facilities (wet scrubber) . Anoxic Zones of Aeration Basins 4 through 7 (biofiltration tower) . Sludge Holding and Feed Tanks (wet scrubber, shared with Pretreatment Facility) . Dewatering Building (sodium chlorite applied to feed sludge; and air dilution and dispersion via up-blast ventilators) . Under an ongoing work order, a separate consultant is evaluating and designing odor control measures throughout the NCWRF to identify and mitigate existing, untreated odor sources.. Engineering services for odor control improvements related to existing facilities will be addressed by others under a separate contract. This Work Order will only address odor control measures related to new facilities designed and constructed under the NCWRF Expansion to 30.6 MGD MMADF project. Facilities planned for the Expansion to 30.6 MGD MMADF project that would require odor treatment include the new Aeration Basins and the new Aerated Sludge Holding Tanks. A.O.5.10 Electrical Power Systems Electrical engineering services included under this Work Order are as follows: 1. Electrical power distribution, lighting, lighting protection, and control wiring for new facilities required for the NCWRF Expansion to 30.6 MGD (MMADF). New systems will be designed to meet EPA Class 1 Electrical Reliability standards. 2. An upgrade of the Electrical Service No. 1 and its associated power distribution system to meet EPA Class 1 Electrical Reliability standards. 3. Lightning protection upgrades to the Oxidation Ditch portion of the NCWRF. A.O.5.11 Control and Information Systems Instrumentation and controls services included under this Work Order are as follows: 1. Automation and integration of new facilities required for the NCWRF Expansion to 30.6 MGD (MMADF) into the existing SCADA system. 2. Upgrading the existing SCADA communication system from Data Highway to Ethernet. 3. Upgrade of equipment within the Operations Building Supervisory Control Room as required. J:ProsCollierWOHS-FT-3785-07-03 Page 12 of 26 Agenda Item NO.1 08 February 27, 2007 Page 17 of 31 A.O.5.12 Modernization Upgrades to Existing Facilities Under the CAMMEO Study, Task 2 includes a review existing facilities with plant operations and maintenance staff to identify areas that can be modernized and enhanced to improve treatment performance, operability and reliability. Examples of modernization improvements include additional automation through additional instrumentation and controls and replacement of under-performing or obsolete equipment or facilities. Improvements and upgrades identified in the CAMMEO Study will be incorporated into the design and construction of the Expansion to 30.6 MGD MMADF. A.O.6 Reliability Criteria On past expansions of the NCWRF, designs have been based on providing Class 1 Reliability Requirements set by the Florida Department of Environmental Protection (1989). As the NCWRF has become, in practice, an Irrigation Quality (IQ) Production Facility, the COUNTY has determined that the minimum FDEP Class 1 Reliability standards may not be adequate to provide the level of service expected by the COUNTY's reclaimed water customers. During the Preliminary Design phase of this Expansion to 30.6 MGD MMADF project, the CONSULTANT will provide a matrix of reliability criteria from the following sources in order to help the COUNTY establish new reliability criteria for the entire expanded facility: · FDEP Class 1 Reliability Requirements . Ten States Standards · Water Environment Federation Manual of Practice No.8 · Applicable reliability standards for drinking water treatment plants The new reliability criteria will be applied to all new and existing facilities to identify required sizing and quantity of new facilities so that the overall expanded facility provides for a "reliable" total capacity of 30.6 MGD MMADF. A.1. DESIGN REPORT A.1.1 Prepare Technical Memoranda CONSULTANT will prepare a series of draft technical memoranda presenting evaluations of existing process systems and expansion alternatives. Each memorandum will discuss advantages and disadvantages of proposed alternatives, along with recommended improvements. Evaluations will consist of capital cost, present worth and functional analyses, as applicable. Draft technical memoranda will be prepared for each of the following topics: A.1.1 Civil/Site Work/Paving, Grading and Drainage, Landscape/Irrigation & Yard Piping A.1.2 Hydraulic Profile A.1.3 Pretreatment (screenings and grit removal) A.1.4 Flow Equalization J:ProsCollierWOHS-FT-3785-07 -03 Page 13 of 26 A.1.5 A.1.6 A.1.7 A.1.8 A.1.9 A.1.10 A.1.11 A.1.12 A.1.13 A.1.14 A.1.15 Agenda Item NO.1 08 February 27,2007 Page 18 of 31 Activated Sludge Processes Effluent Filtration Disinfection Reclaimed Water Pumping/Transmission (and Reject Water Handling) Sludge Processing (Storage and Dewatering) Odor Control Improvements Septage and Grease Systems Electrical Systems Control and Information Systems Probable Opinion of Construction Cost Construction Sequencing and Probable Construction Schedule A.1.2 In-House QAlQC Reviews Each draft technical memorandum will receive an in-house QA/QC review prior to submittal to COUNTY. These reviews will consist of comments from senior level staff members to check for compliance with applicable codes and standards. A.1.3 Review with Owner Each draft technical memorandum will be distributed to COUNTY (eight copies), approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input. It is anticipated that each draft technical memorandum will require one review meeting/workshop. A.1.4 Finalize Technical Memoranda Based on comments received from COUNTY, CONSULTANT will finalize each technical memorandum. Eight copies of each will be forwarded to OWNER for final acceptance. A.1.5 Prepare Draft Design Report CONSULTANT will prepare a draft design report containing a compilation of COUNTY accepted technical memoranda, along with additional information including, but not limited to, soil borings, subsurface explorations, and any other similar investigations necessary for establishing a baseline from which to proceed with the final design of the project. The draft design report will also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly indicate the considerations involved, including applicable requirements of all governmental agencies having jurisdiction on the project, and setting forth CONSULTANT's recommendations for proceeding with the preliminary design of the project. Said report shall also include CONSULTANT's professional evaluation of COUNTY's project budget for this project based on the 30% level cost estimate. Eight (8) copies of the draft design report shall be submitted to COUNTY. A.1.6 Review with Owner Approximately two weeks after delivery of the draft design report to COUNTY, CONSULTANT will schedule up to two meetings with COUNTY to review and incorporate comments. J:ProsCoJ/ierWOHS-FT-3785-07 -03 Page 14 of 26 Agenda Item NO.1 08 February 27,2007 Page 19 of 31 A.1.7 Prepare Fi nal Design Report Based on results of the review meeting(s) with COUNTY, CONSULTANT will prepare a final design report. Eight (8) copies of the final design report will be submitted to COUNTY. A.1.8 Review and Final Acceptance By Owner CONSULTANT will meet once with COUNTY to establish agreement and acceptance of the recommendations made in the final design report. The accepted report will then serve as the basis of design, upon which the preliminary design documents will be based. An electronic copy will then be submitted to the COUNTY. A.1.9 Project Management CONSULTANT will provide all necessary work effort to perform management and administration of its project tasks throughout the duration of the project. A.2 PRELIMINARY DESIGN A.2.1 Prepare 60% Documents Upon receiving final acceptance of the Design Report from COUNTY, CONSULTANT will commence with the preparation of preliminary design contract documents (drawings and technical specifications) for the NCWRF Expansion to 30.6 MGD project. Documents will be prepared for the following proposed improvements and disciplines: A.2.1.1 A.2.1.2 A.2.1.3 A.2.1.4 A.2.1.5 A.2.1.6 A.2.1.7 A.2.1.8 A.2.1.9 A.2.1.10 A.2.1.11 A.2.1.12 A.2.1.13 A.2.1.14 A.2.1.15 A.2.1.16 A.2.1.17 A.2.1.18 Civil/Site Work/Paving, Grading and Drainage and Landscape/Irrigation Yard Piping Pretreatment (screenings and grit removal) Flow Equalization System Activated Sludge Biological Process(es) Tertiary Treatment Disinfection IQ Pumping/Transmission (and Reject Water Handling) Septage and Grease Treatment Systems Sludge Processing Odor Control Improvements Environmental Control and Operations Center Structural Design Architectural Design Electrical Design Control and Instrumentation System Design HVAC Design Plumbing Design Improvements shall be designed per the recommended expansion criteria as presented in the final design report developed under Phase A.1. J:ProsCollierWOHS-FT-3785-07-03 Page 15 of 26 ,...._-'-_.,---/_-,-~-"""._- - .----.,-___'l .. Agenda Item NO.1 OB February 27, 2007 Page 20 of 31 A.2.2 Cost Estimate (60% Completion Level) CONSULTANT will prepare cost estimates intended to provide COUNTY with an up to date progress estimate of projected probable construction costs. Eight (8) hard copies and an electronic copy of the estimates will be prepared and forwarded to COUNTY at the 60 percent design completion stage. A.2.3 Project Peer Review CONSULTANT will conduct a 60 percent completion stage project peer review to provide QA/QC of the contract documents and cost estimate prior to submittal to COUNTY. The review will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. A.2.4 Reviews with Owner CONSULTANT will schedule review meetings/workshops with COUNTY to receive input at the 60 percent design completion stage of each bid package. CONSULTANT, based on comments received from COUNTY, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended expansion criteria developed in the final design report. A.3 FINAL DESIGN A.3.1 Preparation of Proposed Final Documents Based on input received from COUNTY at review meetings during the preliminary design phase (Task A.2) and associated design reviews CONSULTANT will prepare the proposed final (90%) contract documents. A.3.2 Project Peer Review CONSULTANT will conduct a 90 percent completion stage project peer review to provide QA/QC of the final contract documents and cost estimate prior to submittal to COUNTY. The review will include final interdisciplinary checks, general coordination and constructability issues, and will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. A.3.3 Delivery of Proposed Final Documents CONSULTANT will furnish COUNTY with eight (8) hard copies and an electronic copy of proposed final contract documents and the 90% completion level detailed opinion of probable construction cost. A.3.4 Review and Revisions to the Proposed Final Contract Documents Approximately two (2) weeks after delivery of the proposed final contract documents to COUNTY, CONSULTANT will schedule a review meeting with COUNTY, so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. These revie'vvs do not include scope changes to the iecommended expansion criteria developed J:ProsCallierWOHS-FT-3785-07 -03 Page 16 of 26 Agenda Item No. 10B February 27,2007 Page 21 of 31 in the design report, but only reductions to the overall work effort as necessary to meet the project construction budget. A.3.5 Acceptance of Final Contract Documents One master set of originals and an electronic copy of the final (100% complete) contract documents, revised per items addressed under Phase A.3.4, will be forwarded to COUNTY for final acceptance prior to bid. The COUNTY will reproduce all necessary copies of contract documents required during the bidding process. A.4 (NOT USED) A.5 CONSTRUCTION CONTRACT ADMINISTRATION A.5.1 Pre-construction Conference and Progress Meetings Consult with COUNTY and Contractors as reasonably required and necessary with regard to construction of the Project. Consultation will include attendance at the pre-construction conference and monthly coordination meetings with COUNTY, the Resident Project Representative and the Contractor. A.5.2 Contract Interpretation and Clarifications Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations from the Contract Documents. Notify COUNTY of any such requested deviations or substitutions and when reasonably necessary, provide COUNTY with a recommendation concerning same. A.5.3 Shop Drawings Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data that Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.5.4 Record Drawings Prepare and submit to COUNTY upon completion of construction of Project, five (5) sets of signed and sealed record drawings, one (1) set of reproducible record drawing mylars of the work constructed and electronically on AUTOCAD disks (current COUNTY version), including those changes made during the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. Construction engineering and inspection (CEI) services will be provided to the COUNTY by others under a separate Work Order. It is assumed that the CEI firm will update contract documents on a monthly basis and provide electronic and hard copies of contract document updates to the CONSULTANT throughout the construction period. It is further assumed that the CEI firm will provide a complete, signed and sealed set of as-built contract documents to the CONSULTANT for use in preparing reproducible and electronic record drawings. J:ProsCollierWOHS-FT-3785-07 -03 Page 17 of 26 Agenda Item NO.1 OB February 27, 2007 Page 22 of 31 A.6 [NOT USED] The COUNTY will procure Construction Engineering and Inspection services for this project from a separate firm under a separate Work Order. As such, this section of the Work Order is not used. A.7 ADDITIONAL SERVICES A.7.1 Construction Bid Services A.7.1.1 CONSULTANT will assist COUNTY in developing criteria and documentation associated with the prequalification of acceptable construction contractors prior to issuing the contract documents for bidding. A.7.1.2 CONSULTANT will assist COUNTY in securing bid and: A.7.1.3 Provide interpretation and clarification of Contract Documents during bidding; A.7.1.4 Attend pre-bid meeting with prospective bidders; A.7.1.5 Attend the bid opening, assist COUNTY in the preparation of the bid tabulation sheets and assist COUNTY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; A.7.1.6 Assist COUNTY in evaluation bidder's previous experience, if necessary; A. 7 .1. 7 Prepare and issue addenda as appropriate to interpret or clarify contract documents. A.7.1.8 Provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents. A.7.1.9 Provide COUNTY with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder (s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, A.7.1.10 Provide COUNTY with a recommendation to make a contract award, as necessary. A.7.1.11 In the case that construction bids exceed the final CONSULTANT'S estimate of probable construction cost by more than ten (10) percent, CONSULTANT will, at its expense, analyze the cause or causes of the overrun and provide suggestions to correct the same. J:ProsCollierWOHS-FT-3785-07 -03 Page 18 of 26 Agenda Item NO.1 OB February 27, 2007 Page 23 of 31 A.7.2 Operations Manual Update Update the existing NCWRF Operations Manual as follows: (a) Each section of the Operations Manual shall contain single-colored process schematics and diagrams for Operator reference. Isometric diagrams shall also be utilized when necessary to provide better understanding of the process. (b) Eight (8) draft copies of the Operation Manual shall be submitted to COUNTY for their review and comment. (c) Based upon review comments received, the Operations Manual will be updated. (d) Eight (8) copies of the final operations manual will be provided to COUNTY. The COUNTY has standardized on the AIIMax Task Manager (A TM) computerized maintenance management system (CMMS) for the scheduling of preventative and corrective maintenance tasks. The COUNTY will provide the CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. The CONSULTANT shall populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed operation and maintenance manuals of all equipment furnished under this project. The CONSULTANT shall provide the COUNTY with an electronic copy of the populated maintenance data table. The COUNTY will update the AIIMax Task Manager software with the populated maintenance data table. A.7.3 Operator Training CONSULTANT will provide meetings with the facilities operational staff to review operational data, observe trends, and correlate system performance observations with collected operational data. This task will focus on optimizing system performance, and reduce operational costs. Training shall be furnished through verbal communications and through workshops held on site. Four workshops are assumed. A.7.4 Process Startup Assistance Provide one personnel experienced in plant startups to oversee the startup activities of the new treatment facilities on an as-needed basis. The responsibilities of the startup personnel may include: A. 7 .4.1 Review of Contractor's cleaning, testing, and startup procedures. A.7.4.2 Review and approval of Contractor's component and system tests. A. 7 A.3 Review designed system for operability and maintenance. A.7AA Coordinate initial operations with COUNTY and the Resident Project Representative. A.7A.5 Recommend to COUNTY the acceptance of equipment and/or systems. A.7A.6 Recommend and establish operating procedures for all systems and process. J:ProsCollierWOHS-FT-3785-07 -03 Page 19 of 26 Agenda Item NO.1 OB February 27.2007 Page 24 of 31 A.7.4.7 Review, observe and accept startup procedures to verify that proposed protocol is in conformance with the intent of the Contract Documents. A.7.4.8 Assist COUNTY in data collection and trending during and following startup for process control and completion of monthly operating reports. A.7.S Permitting Services A.7.5.1 CONSULTANT will prepare and submit construction permit applications pertaining to the NCWRF Expansion to 30.6 MGD. The scope of this project includes the following: A. 7 .5.1.1 Florida Department of Environmental Protection (FDEP) Environmental Resource Permit; note that the FDEP Permit to Construct is being addressed by another consultant under a separate work order. A.7.5.1.2 Collier County Development Services Site Development Plan (SDP) Amendment A. 7 .5.1.3 Initial application for South Florida Water Management District (SFWMD) dewatering permits required for construction. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. A. 7 .5.1.4 Initial application for Collier County Development Services building permits. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. A.7.5.2 CONSULTANT will meet with the jurisdictional agencies noted in Phase A. 7.4.1 to achieve issuance of necessary construction permits. It is assumed that the COUNTY shall pay all County permit fees by interdepartmental transfer; and COUNTY shall pay all other fees through a separate line item on this task order. If additional permits are required, CONSULTANT shall notify COUNTY to establish schedule for additional fees, as necessary. A.7.6 SURVEYING Surveying of the treatment facility area to establish baseline conditions for the Design Report and serve as control of hydraulic points and miscellaneous items during construction. A.7.7 LABORATORY TESTING AND GEOTECHNICAL SERVICES Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. J:ProsCo/lierWOHS-FT-3785-07 -03 Page 20 of 26 Agenda Item NO.1 08 February 27,2007 Page 25 of 31 A.7.8 OPERATIONS SUPPORT CONSULTANT shall provide technical support to COUNTY, continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season and IQ high demand season). A.7.9 REVIEW/COORDINATION WITH EMSIWWO FACILITY DESIGN The Emergency Management Systems/Wastewater Operations (EMS/WWO) Center is being designed by others under a separate contract. The facility will be located on the NCWRF site south of the MLE Aeration Basins. Under Phases A.1, A.2 and A.3, the CONSULTANT will provide engineering services for civil/site design surrounding the proposed EMS/WWO Facility. Under this Additional Services task, the CONSULTANT will participate in up to 4 workshops with the COUNTY and the EMS/WWO Operations Facility design consultant team to coordinate civil/site design issues and provide input regarding design and functionality of Wastewater Operations components of the combined use facility being designed constructed by others under a separate contract. CONSULTANT will also provide up to 80 hours of effort by senior staff to provide QA/QC reviews of design drawings for the Wastewater Operations component of the combined facility. ASSUMPTIONS 1. CONSULTANT will incorporate all PUED Utilities Standards where applicable. 2. Engineering design will be performance based to ensure full compliance, treatment and IQ production for each compliance train beginning with associated influent piping and ending with IQ delivery. 3. Compliance with County performance measures, including: a. The ability of all flows to be directed manually or automatically b. spill containment areas for all storage tanks (chemical and/or fuel) c. Stormwater management system to be designed with incremental containment areas for SSO's (including manholes) d. New facilities will be designed with odor containment and treatment systems to comply with the County's policy of no off-site odors e. Off-site noise from designed facilities not to exceed County noise ordinance f. Design shall include provisions to prevent off-site spills g. Operational safety is non-negotiable. Design shall be in accordance with federal, state and local safety standards. J:ProsCollierWOHS-FT-3785-07 -03 Page 21 of 26 Agenda Item No. 10B February 27,2007 Page 26 of 31 h. Critical components to be designed in accordance with essential facility design criteria included in the wind-loading section of the Florida Building Code, or to higher wind-loading criteria as described in Section A.OA.11 of this Agreement. i. Electrical power supply and distribution system design shall meet EPA Class 1 Reliability standards consistent with those employed in design of the NCWRF Expansion to 24.1 MGD MMADF project. j. Consulting engineer will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability k. Consultant will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the construction phase and after construction, through all seasons (high season, rainy season and IQ high demand season) I. 0 & M's to be completed, approved and delivered before substantial completion m. CEI services to be totally independent of Consultant END OF SCHEDULE A J:ProsCollierWOHS-FT-37 85-07-03 Page 22 of 26 Agenda Item NO.1 08 February 27,2007 Page 27 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF The compensation for basic engineering services provided under this work order shall be on a Lump Sum basis in the amount of $2,436,000.00. A cost breakdown by task for engineering services described in this Agreement follows: Description Lump Sum Fee Task 1 - Design Report $ 187,000.00 Task 2 - Preliminary Design $1,130,000.00 Task 3 - Final Design $ 830,000.00 Task 4 - (Not Used) --- Task 5 - Construction Contract Administration $ 289,000.00 Total - Labor and Expenses (Lump Sum) $2,436,000.00 Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTY for contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT's fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work Order. J:ProsCollierWOHS-FT-3785-07-03 Page 23 of 26 Agenda Item NO.1 OB February 27,2007 Page 28 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT B FEE SCHEDULE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF PROFESSIONAL CREDENTIALS FEE SCHEDULE Principal Chief Engineer Senior Project Manager Senior Design Engineer Senior Engineer Engineer Senior Designer Designer P.E. P.E. P.E. P.E. P.E. $175/hr $160/hr $140/hr $140/hr $120/hr $90/hr $95/hr $85/hr OTHER PROFESSIONAL Surveyor 2 person field crew 3 person field crew Geotechnical P.L.S. $75/hr $85/hr $95/rh $98/hr P.E. SUPPORT Administrative Assistant, Secretary Clerical, other support $62/hr $54/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories not listed here will be negotiated by the COUNTY and CONSUL TANT on a case-by-case basis. J:PrasCal/ierWOHS-FT-3785-07 -03 Page 24 af 26 Agenda Item NO.1 OB February 27,2007 Page 29 of 31 SCHEDULE B COMPENSATION SCHEDULE B - ATTACHMENT C SCHEDULE OF FEES FOR ADDITIONAL SERVICES NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF Time and Materials Description Not-to-Exceed Fee Task 6 - (Not Used) - Task 7 - Additional Services Task A.7.1 - Construction Bid Service $ 55,000.00 Task A.7.2 - Operations Manual Update $ 50,000.00 Task A.7.3 - Process Training $ 50,000.00 Task A.7.4 - Startup Assistance $ 50,000.00 Task A. 7.5 - Permitting $ 50,000.00 Task A.7.6 - Surveying $ 25,000.00 Task A.7.7 - Geotechnical Investigations $ 15,000.00 Task A.7.B - Operations Support $ 100,000.00 Task A.7.9 - Review/Coordination with $ 15,000.00 EMS/WWO Facility Design Total- Labor and Expenses (Not-to-Exceed) $ 410,000.00 END OF SCHEDULE B J: ProsCollierWOH S-FT-3785-07 -03 Page 25 of 26 Aaenda Item NO.1 OB ~ February 27, 2007 Page 30 of 31 SCHEDULE C PROJECT SCHEDULE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6 MGD MMADF The duration of major work tasks are summarized below: Description Completion Time from Notice-to- ProceedA Task 1 - Design Report 18 weeks Task 2 - Preliminary Design 31 weeks Task 3 - Final Design 54 weeks Task 4 - (Not (Used) N/A Task 5 - Construction Contract Administration 45 months Task 6 - (Not Used) N/A Task 7 - Additional Services Note A: Unless otherwise noted. A detailed project schedule is included as Schedule C, Attachment 1. The detailed schedule was prepared using Microsoft Project and provides durations, sequence, links between interdependent tasks, and identification of the project critical path. Schedule C, Attachment 1 will be updated on a regular basis to show progress and required adjustments as approved by the COUNTY. END OF SCHEDULE C J:ProsCollierWOHS-FT-3785-07 -03 Page 26 of 26 cor--..- 00("1') ^~- 0 '+- "'\10 -N"" E >. ClJ ClJ....Di .....roco -::JQ.. ro.... -0.0 eClJ ClJLL Di <( o Lt') en M t-- o Z .... c.> CII '0' ... Cl. >. .... c.> III U. c: Ou. ;0 Ill<( E2 ~2 c.> ClIO 0:::" Q:;2 1tj<C ~g ~.B c: c: 5 0 u Ul .c: c: t: ~ o >< zw CII E III Z .... c.> CII '0' ... Cl. .; :"':, ~ t " '. ~I :; ~I >- ... I 5 ~ ~I ,~ ~I .. g ..... - - ~ ... (; ..- ... (; "',' ".! (; ~ ... (; N ... (; ..- ... (; ".! (; I;~ ~II= r (; i ., , ::;1 ~ ~I'~' >- .... I' to I~~ I.. .. , - ..... - Ul o () I- Z W > W ..- ... (; ~ ... (; ~ ... (; N ... 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Q .;, C>:l ... M ,.:. U. en :I: 1-- a; "0 o III ... o ... ... U CII '0' I.. Do. "0 e.! '5 cr ~ <: .2 U <C Agenda Item NO.1 OC February 27, 2007 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Davis Boulevard. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000. OBJECTIVE: To adopt a superseding resolution authorizing the condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the widening from four lanes to six lanes of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal (Project No. 60001). CONSIDERATIONS: This phase of the improvements to Collier Boulevard, from U.S. 41 to the Golden Gate Main Canal, will consist of widening the roadway from 4 lanes to 6 lanes, intersecting street improvements, signalized intersection, utility and canal improvements, lighting, sidewalks and bike lanes. Initial authorization for the purchase of right-of-way for the Collier Boulevard project was given by the Board of County Commissioners on December 13, 2005, under Resolution No. 2005-431. On June 20, 2006, the Board of County Commissioners adopted Resolution No. 2006-156 finding public purpose and necessity and authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of the improvements to Collier Boulevard. Since the adoption of the previous resolution authorizing condemnation and based upon several discussions with the County's design consultant engineer, CH2MHill, Inc., staff decided to attempt to reduce the right-of-way requirements necessitated by this project. The redesigned parcels reduced the right-of-way acquisition on several parcels and the overall right-of-way costs for the project. As a result of the redesign, a total cost savings of approximately $500,000 will be realized on this project. The construction of this important proj ect will commence in two phases. Phase One will be from U.S. 41 to Rattlesnake Hammock Road and all the necessary right-of-way will be acquired by April, 2007. Phase Two will be from Rattlesnake Hammock Road to Davis Boulevard and all the necessary right-of-way will be acquired by December, 2007. All additional lanes will be constructed in the existing median and can be added without acquiring the remaining parcels until December. Staff will identify all acquired and remaining parcels in the contractor bid specifications, but does not anticipate this split phasing to cause any additional financial costs. CH2MHill, Inc. completed their redesign in December of 2006 and provided staff with updated legal descriptions and sketches to support the new plans. In the meantime, appraisals have been completed and project notices have been sent to all property owners along the corridor. Many parcels, where the legal descriptions did not change, have already been purchased. Due to the design changes, two parcels have increased in size, while the size of many other temporary construction and driveway restoration easements have decreased. Other than those area Agenda Item NO.1 DC February 27,2007 Page 2 of 40 changes, the facts, findings and conclusions presented in the attached memorandum dated May 30, 2006, are still valid. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: Staff has acquired several parcels of property by negotiation and settlement. Staff will continue to negotiate settlements in good faith even after condemnation lawsuits have been filed. However, if condemnation proceedings are required in order to meet the schedule for the commencement of construction, the total cost of right-of-way acquisition for the project is estimated to be $5,000,000 (inclusive of the $2.35 million spent to date). This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee fund. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard (Project No. 60001) are an integral part of Collier County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachments: (I) Interoffice Memorandum dated May 30, 2006, from Jay Ahmad, P.E. to Norman E. Feder, AICP; (2) Condemnation Resolution with Exhibit A; (3) CH2MHill Technical Memorandum dated February 14,2007 prepared by Bill Gramer, P.E. Item Number: Item Summary: Meeting Date: Aoenda Item No. 10C . February 27.2007 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C RecommenaatlOn to adoot a superseding resolution authorizing the condemnation of fee simple Interests and/or those perpetuai or temporary easement Inler.ests necessary for the constru:t1on of roadway. drainage and utility Improvements required for the six -lane expansion of Collier Boulevard from U.S 41 to the Golden Gate Main Canal (Capital Improvemenl Element No 86 Prolect No 60001 J Estimated fiscal Impact $5 000,000 00 (('>Jorman Feder, AdmInistrator, Transportation Services) 2/27120079.0000 AM Date Prepared By Lorraine Lantz Transportation Services Right Of Way Coordinator TECM-ROW 2/12/200712:33:15 PM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM.ROW 2/12/20074:56 PM Date Approved By Tad Pluc Transportation Services Engineer Transportation Engineering and Construction 2/13120077:52 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/1412007 8:57 AM Date Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 2114120071:25 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2114120073:20 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14/20075:43 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 21151200710:09AM Date Approved By OM B Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20073:14 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20074:27 PM Date Approved By James V. Mudd Board of County CommiSSIoners County Manager County Manager's Office 2/20/2007 10: 34 AM Agenda Item NO.1 OC February 27, 2007 Page 4 of 40 Co1tV:r Cou.nty - ~~ - TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Norman Feder, Transportation Administrator DATE: 5/30/06 FROM: Jay Ahmad, Director, TECM SUBJECT: Condemnation Resolution for Collier Boulevard from US 41 to the Golden Gate Main Canal Project No. 60001 On June 20, 2006, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to implement Capacity Improvements to Collier Boulevard from US 41 to the Golden Gate Main Canal. This project includes converting existing 4-1ane divided roadway to 6-lane divided arterial roadway from US 41 to Davis Boulevard and widening to an 8-lane arterial roadway from Davis Boulevard to the Golden Gate Main Canal. Bike lanes, sidewalk and pathway will be added throughout the project's length. Drainage and intersection improvements will be implemented. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided, and/or presentations made, to the Board. The county attorney's office has advised that the following criteria shall be considered, when adopting the condemnation resolution: I. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Livingston Road from Pine Ridge to Immokalee Road has been opened to 6-lanes of traffic in the past year. Future design plans will complete the widening of Collier Agenda Item NO.1 OC February 27,2007 Page 5 of 40 Boulevard from US 41 to Immokalee to 6-1ane roadway. Santa Barbara Boulevard will be improved to a 6-1ane roadway from Davis Boulevard to Painted Leaf Lane and will be extended from Davis Boulevard to Rattlesnake Hammock Road. To meet current and future capacity needs, the only viable alternative is to widen and improve Collier Boulevard at this time. 2. Safety Factors The design of the Collier Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (originally adopted in 1996 and updated in 1999) and the 2025 LRTP (adopted in 2001), the need for upgrading Collier Boulevard has been identified. The project improvements are consistent with current and future travel demand needs and the availability of financial resources. 4. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from US 41 to Main Golden Gate Canal will have minimal environmental impacts. The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and wetland areas Agenda Item NO.1 OC February 27,2007 Page 6 of 40 along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated, as needed, through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. As a result, this project will use a combination of ex filtration system in the median and storm water ditch system. 5. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical six-lane section with sidewalk on the east side, pathway on west site of the canal and bike lanes on both sides. The corridor is bounded on the east and west sides by residential developments, residential homes, golf courses, together with commercial properties and undeveloped lots. The road alignment will minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. Construction on this two-year project is planned to commence in the 1 st Quarter of fiscal year 2007. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. Agenda Item NO.1 DC February 27,2007 Page 7 of 40 TECHNICAL MEMORANDUM CH2MHILL Collier Boulevard II - Widening Project (US 41 to Davis Boulevard) Right-Of-Way Evaluation-Justification Memo PREPARED FOR: Tad Pluc/Collier County Bill Gramer, P.E. Kevin Hendricks/Collier County File February 14, 2007 PREPARED BY: COPIES: DATE: Proiect need: Collier Boulevard, from US 41 to Davis Boulevard (7.50 -miles), has been identified as one of the most severely constrained north-south corridors in Collier County. Collier Boulevard is currently a 4-1ane urban roadway which serves as an arterial collector for residents and commercial travelers. The intersections of Collier Boulevard/Davis Boulevard, Collier Boulevard/Rattlesnake Hammock Road and Colleir Boulevard/US 41 have been documented as some of the busiest in Collier County and have high accident rates. In addition, Collier Boulevard traffic data show that Collier Boulevard also serves as a "haul" route for heavy trucking activities (e.g. agriculture, construction, dump truck hauling, etc.). The combination of existing residential development, local business and commercial use makes this 7.50 mile stretch of 4-1ane corridor a heavily congested roadway. The existing traffic counts indicate the facility already exceeds acceptable levels of service for the existing (pre-developed) roadway. This roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and many other public meetings. The Long Range Transportation Plan (LRTP) for Collier County has evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Traffic projections provided by the Collier County Traffic Operations Department for the 2025 traffic demand model show the existing roadway does not have sufficient capacity. The project improvements are consistent with current and near future travel demand needs. The Board of Collier County approved the six-Ianing of the Collier Boulevard project over its full length in 2002. Collier County's Traffic Planning Department has selected Collier Boulevard to be expanded to a 6-lane urban facility to relieve congestion and improve the overall safety of the corridor. The Collier Boulevard corridor has been almost completely developed. The corridor is bounded on the west side by residential communities, housing sub-divisions, strip malls, AVOIDANCE_ TMEMO_COLLlERI_ 04-25-06BG.DOC 164332 Agenda Item NO.1 OC February 27,2007 PROP R of 40 small business, golf courses, 2 schools and commercial properties. Very few vacant parcels exist along the west side of the corridor. The corridor is bounded in the east by the Henderson Canal, beyond which are residential communities, housing sub-divisions, a golf course, a church, a quarry and landscape nursery's. Collier Boulevard also functions as a collector-distributor facility to other east-west collector roads, such as: 1-75, Davis Boulevard, Rattlesnake Hammock Road, Sabal POalm Road, Grand Lely Drive, Lely Cultural Drive and US 41. As Naples continues to grow and develop new areas, additional traffic will continue to impact the collectors and arterial corridors. The Collier Boulevard Widening Project will relieve congestion, improve safety, and ultimately help balance the traffic nodal system planned by Collier County's Transportation Master Plan. Project Historv Collier Boulevard from US 41 to Davis Boulevard is bound to the west by existing development and to the east by the Henderson Canal. The Collier County Transportation Deparbnent and Real Property Division previously identified the need for Collier Boulevard to be widened as part of its long range goals and provided a "footprint" for the ultimate widening of Collier Boulevard many years ago when the 4-Lane Wideing Plans were developed by Johnson Engineering in 1990 (US 41 to Rattlesnake Hammock Road) and in 1995 (Rattlesnake Hammock Road to Davis Boulevard). The roadway stormwater treabnent was handled by means of an exfiltration system within the 44 foot median from Davis Boulevard south for 6.50 miles. This 44 Foot median was designed to accommodate the widening of Collier Boulevard from 4-1anes to 6-1anes within the median. The median however did not anticipate the need for dual left turn lanes from Collier Boulevard to certain intersecting cross streets. Nor did the exfiltration system extend the last mile of the project to US 41. Drainage treabnent and attenuation was provided in that I-mile section by means of a lateral ditch which ran adjacent to the east side of the corridor. This ditch drained into the Henderson Canal. It was determined early in the analysis that additional ROW would be needed at the major intersections and along the lateral ditch at the south end of the project to increase intersection capacity and provide sufficient treabnent for the new pavement at the south end of the project. Alternative Alignment Analvsis The objective of the alternative analysis process was to identify technically and environmentally sound alignment alternatives that are cost effective and acceptable to the community and Collier County. The process involved the use of aerial photography, survey, previous permitting and site development history, and transportation and traffic planning analysis to evaluate project alternatives. The alternative alignment analysis revealed 3 possible alternatives: 1. "No-Build" COLLIER II ROW_TECHNICALMEMO_21407WJG.DOC Agenda Item NO.1 OC February 27,2007 P80'" q of 40 2. Widen/Improve alternative corridors 3. Expand Collier Boulevard to a 6-1ane facility. Each of these 3 alternatives is summarized in the following section. "No Build" The "No-Build" alternative would rely on other transportation improvements nearby or system-wide to handle traffic flow that otherwise would utilize Collier Boulevard. The result of steadily increasing traffic being distributed to other corridors would only add congestion to those routes, leading to longer travel times. The additional congestion would lower travel speeds, lengthen vehicle queues, impair traffic flow, increase volume, and raise the risk and probability of vehicle accidents. Each of these impacts does not meet the long range transportation goals of Collier County and would not be a benefit to the traveling public. In fact, the widening of many of these roads is also included in the Long Range Transportation Plan and will be required in the future to handle growing traffic demands. As a result of this analysis, the "No-Build" alternative was not considered feasible for this project. Widen Alternative Corridors The Collier Boulevard corridor is one of only seven major north-south corridors in Collier County, and is the primary north-south corridor east of 1-75 and Logan Boulevard. The need for additional north-south arterial capacity within Collier County for travel demands east of 1-75 has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist to widening existing roadway facilities. The widening of many alternative north-south corridors has taken place in the past 5-10 years. To the west Goodlette Prank Road (7 miles west) is currently being widened to 6 lanes, Airport Pulling Road (5 miles west) has been widened to 6-lanes, Livingston Road (a new corridor - 4 miles west) was constructed to 6-1anes, 1-75 (3 miles west) is currently in the planning stages to be widened to 6-lanes and portions of Logan Boulevard (2 miles west) is being designed and constructed to improve capacity. To the east there are future plans to widen Wilson Boulevard, Everglades Boulevard and Desoto Boulevard. The improvements to east-west roadways intersecting Collier Boulevard, such as Davis Boulevard (currently under design), Rattlesnake Hammock Road (currently under construction, Sabal Palm (currently in developer planning), Grand Lely Drive, Lely Cultural and US 41 as well as the additional development activity along the corridor will place additional capacity demands on Collier Boulevard. To meet current and future capacity needs, the only viable alternative is to widen Collier Boulevard to six lanes at this time. Widen Collier Boulevard The alternative to widen Collier Boulevard was selected as the preferred alternative by Collier County's Transportation Planning Department. Collier Boulevard serves as the only north-south route for residences living in adjacent communities and commercial development and extremely high volumes of traffic commuting east-west add to the local COLLIER _II_ROW _ TECHNICALMEMO_21407WJG.DOC Agenda Item No. 10C February 27,2007 P<'lgP 1 () of 40 traffic. Collier Boulevard cannot sustain the high volume of traffic that exists in the current 4-1ane configuration. The projected traffic levels on Collier Boulevard (2010,2015,2025 and 2030) show a warrant to improve the corridor to a 6-1ane facility. The 6-lane widening will relieve the congestion on Collier Boulevard as well as adjacent facilities. The additional lanes will help reduce the risk of auto accidents and personal injury to the citizens of Collier County due to congestion and access management issues. The widerung of Collier Boulevard will also achieve the goals of Collier County's Transportation Planning Department and Traffic Operations Department to interconnect signal timing, improve operations, and provide pedestrian facilities (including sidewalks, pathways and bicycle facilities) as well as adding handicap accessibility features. The proposed project will ultimately afford the citizens of Collier County alternative corridor selections for commuting. Much of the right-of-way for the corridor was already owned by Collier County since the majority of the improvement will take place in the existing median. Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from US 41 to Davis Boulevard will result in less environmental impacts than a new corridor. Where the existing right-of-way was insufficient to accommodate the proposed intersection improvements, there was little choice but to either relocate portions of the existing canal along the east side of the road, or to acquire additional right-of-way along the west side of the existing right-of-way corridor. Factors against relocating portions of the existing canal included the length of time to obtain permits from the South Florida Water Managemment District, the cost of moving the canal itself, as well as the creation of less-than-desirable traffic "weave" around the left turn lanes through most of the corridor. The proposed project has been coordinated with the South Florida Water Management District. A Threatened and Endangered Species Survey was conducted and findings were negative. A wetland survey was conducted and wetland areas along the corridor were flagged. Refinements to the proposed ditch widening at the south end of the project resulted in no wetland impacts. The proposed roadway widening project did not result in any wetland impacts. The surface water drainage issues along this project have been coordinated with the South Florida Water Management District. The Environmental Resource Permit (ERP) for this project has been obtained from the SFWMD. The project will result in a net benefit to the existing surface water quality. Conclusion The 6-lane roadway corridor widening and adjacent development was previously well planned by Collier County, so widening the existing facility resulted in minimal need for additional ROW acquisition. There were no viable cost effective alternatives available which would result in the need for ~~ DnlAT ~~..~~'-'__ ~LV .L'\.\"J\I\' Cly"U;:'ll.1U.lL. COLLIER II ROW_ TECHNICALMEMO_21407WJGDOC Agenda Item NO.1 DC February 27, 2007 PRD'" 11 of 40 COLLIER II ROW_TECHNICALMEMO_21407WJG.DOC Aaenda Item NO.1 OC ~ February 27,2007 Page 12 of 40 RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOCIATED IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO THE GOLDEN GATE MAIN CANAL. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO. 60001). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the Capita] Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the six-lane section of Collier Boulevard from U.S. 41 to Golden Gate Main Canal (Project No. 60001) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on June 20, 2006, the Board adopted Resolution No. 2006-156 authorizing the condemnation of property for the construction of the Collier Boulevard Project; and WHEREAS, severa] refinements in the project design have been made since Resolution No. 2006-156 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Coiiier County. Agenda Item NO.1 OC February 27,2007 Page 13 of 40 AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project. and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "An to wit: fee simple title interests and/or those perpetual easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this _ day of , 2007, after motion, second and majority vote supersedes and replaces Resolution No. 2006-156. A TrEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETI A, CHAIRMAN Approved as to fonn and legal sufficiency: tJ.~ t .0- fIeidi F. Ashton Assistant County Attorney -Page 2- PllO.IEX:'r IlOI IHEET N6015-S0U-00I 1011 OIF X Parcel 109 I (I LOT 10 o -JZ ! ~cc I I 1\ ~ i ( t5~~ j",1 :::!ot.O >0..... ZenVl o f- t5 LOT 1 1 \OJ< 8CLCL Lt) 0'1 I cc 8:: ........ .cc ~ ....Ill") [[)C'\j cc w ::; -J o U PARCEL 109 I 25' 7' S.E. II O.R. Book 2124 Page 160 I 1 FEE ~IMPLE INTeREST 1 1 LOT 12 LELY CULTURAL PARKWAY 120' R/W LELY RESORT PHASE TWO - PLAT S-OOK 18, - - P'A'G~ 40-40 - N ~ I Q 25 ~ 100 GRAPHIC SCALE >00 LINE U7 U8 E., BEARING S88'08'Jl"W N8S"01'48"E Agenda Item o. 10C February 2 , 2007 Page 4 of 40 Legal Description The East 25.00 leet at Lot 12, Edison Village, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os tallows. Beginning at the southeast corner of said Lot 12, said point also being the intersection of the northerly right-aI-way line of Lely Cultural Parkway and the westerly right-of-way line of Collier Boulevard; thence South 88'OS' 3'" West. olong said northerly right-at-way J'ine, a distonce at 25.03 leet; thence leaving soid line North 00'50'44" East. 0 distance 01 204.05 leet, to the northerly line of said Lot 12; thence North 88'01 '4S" Eost, along said northerly line, 0 distance of 25.03 leet to 0 point on the westerly right-of-way line of Collier Baulevord; thence South 00'50'44" West along soid westerly right 01 way line, 0 distance of 204.10 feet to the POINT OF BEGINNING. Containing 5,102 square leet. more or less. EXHIBIT f1 Page-L of..Ja NOTES: 1. This is not a survey. 2. Bosis of beoring is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, F"lorida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feel and decimals thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. J1idi~f (,. J. H 'ArT, P: .M: O. 5834' v , . .' NOT VALl WITHOUT,TH( SIGNATURE' AND TH~ ORIGINAL RAIS~D SEAb OF. A.. FLORIDA LlC~NS~D SURVEYOR AND MAPP~R 'C I .., . This is NOT 8 Survey. Wi/.,Miller -.-==--- f'WtWf.~.~.""""',~~,~~ _.I>c. ....,.,............RnIIIfll:lf-B7...... ......,.,.,., ~...................- DlWlIIIG IlllEX IlOI IC-41 IEYr Mar 15, 2006 - 09:17:59 TOSBORNEIX:\SUR\conl~H bl...d\CH2I.AHiIJ\ 1C-41\lElY CULTURAL PARKWAV-LONECREEK DRIVE.dwg lLJ ,....;" 5 ''', ...J~U:> 50,.... o ZOO<n Ol-~ ~:5< 8n.n. LOT 10 25' Be I I I I I L.B.E. --i D.E. : 1 I I I I I I I 1 I 1 f-i 1 1 L4P 1 Parcel 709 I ~i ..-.. ~ lI) 0'> I a:: Us: '-'........ cia:: >. .....JlI) 1IlN a:: w ::::. ..J o U ~ ..J~ I ~a:: I I 1) ~ i ( LOT 11 25' L.B.E. & D.E. LOT 12 :., o .,: o N W .... ... o \I) o o z I I I ",I C!I "'1 ~I t: ~I ... . 10 .../ \I) :"'1 0 ~I 0 of Z o[ <nl I I 7' S.E. f OR. Book 2124 Page 160 I 1 Legal Description The West 8.00 feet of the Easterly 33.00 feet of lot 12, Edison Village, os recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida. being more particularly described os follows. Commencing at the southeast corner of said Lot 12, said point also being the intersection of the northerly right-of-way line of Lely Cultural Parkway and the westerly right-of"':woy line of Collier Boulevard; thence South 88'08'31" West, along said northerly right of way line, 0 distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'08'31" West, along said line. a distance of 8.01 feet; thence leaving said line North 00'50'44" East, 0 distance of 204.04 feet to the northerly line of said Lot 12; thence North 88'01'48" East, along said northerly line, 0 distance of 8.01 feet; thence leaving said line South 00'50'44" West, 0 distance of 204.05 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT A' ~ I) of2.t NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of COl.mty Rood 951 (C.R. 951) being N 00'50'44" E, Florido Stote Plane Coordinotes NAO B3/90, East Zone. 3. Subject to easements, reservotians ond restrictions of record. 4. Eosemenls shown hereon are per pial. unless otherwise noted. 5. Dimensions ore in feet and decimols thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. r.P.L.E. represents Florida Power &c Lighl Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents. Sidewalk Easemenl. 16. P.UE. represents Public Utility Easement. ~J? ).' PARCEL - - - -709-- POC 25.03' S88"08'31"W POB CULTURAL PARKWAY 120' R!W '.- o 25 LELY RESORT PHASE TWO - PlAT BOOK 18, - - PAGES' ~5"-40 - N :m 100 GRAPHIC SCALE I I TEMpORARY : CONSTRUC~ION EASEMENT.. DURATION I '!J YE~RS. i I I I 200 LINE U9 l40 .,,' ~J. ':' ,,' . p, :M.>eF',9Rjl:ft F;iJ?M) rLA. LlC. N . 5834 '. f . . ;, NOT VALID WITHOUT'THE: SIGNATURE AND THE ORIGINAL RAISED SEAL' 'Or' A I "tORIOA LlCENSE:D SUR.VEYOR AND MAPPER This is NOT a Survey. Wll$Mlller _-::=-==-.. ........,.~...........,...,.....~""...~~ _.h:. 110...,...... .....Anil:NIIHIP.,.... ........,..,.",............................. __ IIGX Illll IC-41 M.Yl E.. I'RDoIICf Illll .... H6015-S0U-00I 709 OT X Mac 09. 2006 - 10:22:01 TOSBORNElx:\SUR\call;o. bivd\CH2MH;II\ 1 C-41\LEL Y CULTURAL PARKWAY-LONECREEK ORIVE.dwg I 7' S.E. I O.R. Book 21241 Page 160 I I FEE SIrt1PLE INTER~ST LOT 10 I (I PARCEL 25 110 W r--)" c.:>........ :3:.:1 50:e o z(Il(f1 ol-t; !!!:3<( 8o..Q" LOT 11 25' L.B.E. & D.E. POB I I I I I I ___________J LOT 12 LELY CULTURAL PARKWAY 120' R/W l..ELY RESORT PHASE TWO PU>.T BOOK 18, _ 2'9E~ !5~ --------- Lt') (]) I 0::: 2;:: "- ciO::: >. -'Lt') CDN 0::: W ::J -' o u ~ N ~ I I LINE 25 50 '00 200 L41 GRAPHIC SCALE L42 CH2MHrLL 3/06 SKETCH'" DESCRIPTION OF PARCEL 110 A PORTION OF Parcel 110 (j -,Z I <to::: :z <t . UO I ;:: ( BEARING S88"01'48"W N88"0 l' 48" E QlIl fI.E: IC-41 I'RlIoIECr IIlll IHEEl' N6015-S0U-00l 110 OIF X E., Agenda Item o. 10C February 2 , 2007 Page 6 of 40 Legal Description The East 25.00 feet of Lot 11, Edisan Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the sOutheost corner of said Lot 1 1, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88'01'48" Wesl along the southerly line of said Lot 1 1, 0 distance of 25.03 feet; thence leoving soid line North 00'50'44" Eost, 0 distance of 226.01 feet to the northerly line of said Lot 11; thence North 88'01 '48" East. along said northerly line. q distance of 25.03 feet to the northeast corner of said Lot 11 and a point an said westerly right-of-way line; thence South 00'50'44" West along the westerly right of way line of soid Collier Boulevard, 0 distance of 226.01 feet to the POINT OF BEGINNING. Contoining 5,650 squore feet, mare or less. EXHIBIT ,)) ~3 01....21. NOTES: ,. This is no! a survey. 2. Basis of bearing is the West line of Caunty Road 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. J. Subject to easements. reservations and restrictions of record. 4, Easements shawn hereOn ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6, Certificate of outhorizatian LB 43. 7. R/W represents Right-of-Way. 8. P,O.8. represents Point of 8eginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 1,. LBE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. FPLE represents Florida Power & Light Eosement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Eosement. 16. P. V.E. represents Public Utility E.asement. -; ,'J I J' ,. ... DAVID J. HYATT, .S.Mi ( TI;iE FiRM) FLA. LlC. NO. 5 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Q'F'II. FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi,.Mlller -~==-.. MwNI'lI.~.""","""""',"""""~,~~ _,tic. _....,..................."...... .......... /let .......,....... --....._ Mer 13. 2006 - 14: 19:29 TOSBORNEIX:\SUR\ collier blvd\ CH2MHill\ 1C-4 1\LEL Y CULTURAL PARKWAY-LONECREEK DRIVE.dwg _ IIIllElC NCIl lC-41 IIlVl Parcel 710 I I I I I I I I I LOT 10 I I I I I L41 1 I 25' L.B.E. PARCEL I &: D.E. r 710 =-1 0 ql cO ~I w wr-ir--. N , N NI ... 5"'1 ;:1 ... w ~ -'~1O LOT 11 , , I 50,,- ... "I b 0 ... ", 1:> 0 Z(IlU1 ~I Z o w 11) ~5~ b bl 0 01 8 a.. a.. Z U11 8' L4~ I I I 1 I I t-i I 1 I I , I I I I I I ' I I I I ____________J : I LOT 12 I 25.0.3 I S88'01'48"W I 7' S.E. O.R. Book 2124, Poge 160 , I (I t{) m I Q: 2~ '- act: > . -'t{) roN Q: w :::J -' o u l-J (j -'~ I <(ct: :z <( . uO I ~ ( ....... LELY CULTURAL PARKWAY 120' R/W LEL Y RESORT PHASE TWO PLAT BOOK 18. ~~~~ ----------- N ~ I o 25 so IOD GRAPHIC SCALE TEMPORARY CONSTRUCTION EASEMENT DURATION ~ YEARS. I 200 LINE L4.3 L44 BEARING 588'01 '48"W N88'0' '48"E Agenoa Item o. 10C February 2 , 2007 Page 1 of 40 Legal Description The westerly 8.00 feet of the easterly .3.3.00 feet of Lol 11. Edison Villoge. os recorded in Plot Book 4.3, pages 75 through 77 of the Public Records of Collier County. F'lorido, being more particularly described os follows. Commencing at the southeost corner of said Lot 1 1, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88"01 '48" West, along the southerly line of soid Lot 11. a distance of 25.0.3 feet to the POINT OF BEGINNING; thence continue South 88'01'48. West, olong soid line. 0 distonce of 8.01 feet; thence leoving said line North 00'50'44" East, 0 distonce of 226.0' feet to the northerly line of soid Lot 11: thence North 88"01 '48" Eost, olong soid northerly line, 0 distonce of B.01 feet: thence leoving said line South 00'50'44" West, 0 distance of 226.01 feet to the POINT OF' BEGINNING. Containing 1,808 square feet, more or less. EXHIBIT A Page....ti:... of ,~11 - NOTES: ,. This is not 0 survey. 2. Bosis of beoring is fhe West line of County Rood 951 (CR. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 8J/90, East ZOM. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. p.o.e. represents Point of Beginning, 9. P.O.C. represents Point of Cammencemen TO. O.R. represents Official Records.' 1 1. L.BE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power de Light Easement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. -~' l.~ J.dd; 'Il E., DAVID J. H 'ATT, .S.M. (FOR TI;lt FIRM) FLA. LIC. O. 58.34 ,e i. NOT VALID WITHOUT THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WI/../lle, _~~-r-:.._ ........-.-...........--.-- _.m. IIQI....,......... .................,.,..,. .........,.,.. .............. -........- IllYI M:),IICf lQ IHEEf N6015-SQU-00l 710 OF X .... IIIEll NOll IC-41 ~or 13, 2006 - 14: 17:49 TOSBORNElx:\SUR\collier blvd\CH2~HlI1\ 1 C-4 '\LELY CULTURAL PARKWAY-lON(CREEK ORIVE.dwg (/'). ~ """> 0"1- Cl I <t~_ WO_ ::;0 CD(/') Q?>-~ 0:::5< ~o..a.. i I I I I I I I I I I ----------~- LONE CREEK DRIVE 50' -R/W ----TRAcT-H--- LOT 10 wri,.... (.)........ :5~1 :::!otD 15' >0.... ZCD(/) 25' o~~ !C):5< & 8 a.. a.. PARCEL 111 LOT 11 LOT 12 N '.- o 2~ ~ TOO GRAPHIC SCALE Revised bearing direction Parcel 1 11 POB I I FEE SIMPLE 'NTER'ST 7' S.E. I O.R. Book 2124, Po ge 1 60 I ~ ~ I c") en I cr u:: """, cicr >. ....JU") CIlN cr W :J ..J o U I lJ I :: -I' <(cr Z <(. UO o BEARING S88'01'48"W NOO'50'44"E S89'09'16"E N88'01'48" E Agenaa Item o. 10C February 2 , 2007 Page 8 of 40 Legal Description A portion of Lot 10, Edison Village, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the nOrtheast corner of said Lot 10 said point also being the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West along the westerly right of way of Collier Boulevard, a distance of 225.31 feet to the southeast carner of said Lot 10: thence South 88'01 '48" West along the south line of said Lot 10, a distance of 25.03 feet; thence leaving said south line North 00'50'44" East, a distance of 32.02 feet; thence South 89'09' 16" East, a distance of 10.00 feet: thence North 00"50'44" East, a distance of 193.78 feet to the northerly line of said Lot 10: thence North 88'01 '48" East along said northerly line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 3,698 square feet, more or less. EXHIBIT A ~ ..~ of.Jl::L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Eosements shown hereon are per plat, unless otherwise noted. 5. Dimensions Ore in feet and decimals thereof. 6. Cerlificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.LL represents Florida Power &, Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. ,~,...(, ;! ;~ } I 200 LINE L45 L46 ~47 L48 LINE TABLE LENGTH 25.03 32.02 10.00 15.02 ..1,.... . 1 '~ :,';' ,c.. ," .....1 DAVID J. HY. T, .M' (FOf!JI;IE fIRM) FLA LlC. N . 5834' .. . . , . NOT VALID WITHOUT TRE- SIGNATURE AND THE ORIGINAL RAISED SEAL OF:";.i! 'FLORIDA LICENSED SURVEYOR AND MAPPER .. This is NOT a Survey. WlI.Mlller _"::,r.;::=-_ 1'InIIn.~.~."""', LMMIpIAfcMIc*. ~~ _tic. ..,....,.....SIIl . __,..... MEIHIl1."" ........, . ,. ,..,.,.... ...... ........_ llMIIIO INDEX lID: IC-41 PRO.lEC1' lID: IIUl' N6015-S0U-OOI III aT X llElIl 0.3/06 111 Feb 21. 2006 - 14:21 :49 TOSBORNEIX:\SUR\ colher blvd\CH2MHill\SK & D\LEL Y CUL TURA" PARKWAY-LONECREEK DRIVE.dwg III . ~o>n 0"1- :l::'::.'.. WO_ ~O CDlIl ~>-t5 ~~a: III t5~f::: :s I -''''<0 >8.... ZCDVl o....t5 !!l:s< 8 a.. a.. , I I I I I I I I I I I I I I , I __________..1- LONE CREEK DRIVE 50' -R/W TRACT-H--- LOT 10 Parcel 711A I I (! ) r 'I (i S;: ...J'-. I '-. I <( Cl:: I g~ II ~ 8 I CON - I ~ ~ :_~ k Ib I~ o Z 25' POC 25.03 588"01 '48"W POB 7' S.E. O.R. Book 2124! Page 1 60 I TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. I 200 LINE L49 LSO L51 LS2 LINE TABLE LENGTH 8.01 32.42 8.00 32.03 PARCEL 711A 8' L4, I I , I LOT 11 I I ~ 25' L.8.E.-i : & D.E. I I I , I I I I I I I I I I I I I I I I , I I I I I LOT 12 I I I I I I I I I + N I 50 100 GRAPHIC SCALE IJ- o 25 CIlD l'UI IC-41 BEARING 588"01 '48"W NOO'SO'44"E 589'09' 1 6" E SOO'SO'44"W E., del o. 1 DC February 2 , 2007 Page 1 of 40 Legal Description A portion of Lot 10, Edison Village, os recorded in Plot Book 43, poges 76 through 77 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the Southeast corner of said Lot 10 said point also lying on the westerly right-at-way line of Collier Boulevard; thence South 88"01'48" West, along the southerly line at said Lot 10, 0 distance of 25.03 feet to the POINT OF BEGINNING: thence continue South 88'01'48" West, along said line, 0 distance of 8.01 feet; thence leaving said line North 00'50'44" East. 0 distance of 32.42 feet: thence South 89'09'16" East. 0 distance of 8.00 feet; thence South 00'50'44" West, 0 distance of 32.03 feet to the POINT OF BEGINNING. Containing 258 square feet, more or less. EXHIBIT A PageJL 01..21 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 83/90, East Zane. 3. Subject to easements, reservations and restrictions of record. 4. Easements shawn hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificote of authorization LB 43. 7. R/W represents Right-of-Way. 8, P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen /0. OR. represents Officiol Records. 1,. L.8E represents Landscape Buffer Eosement. 12. U.F:.. represents Utility F:.asement. 13. F.P.L.F:.. represents Florida Power &- Light F:. asement. 14. DE represents Drainage Easement. 15. S.F:.. represents Sidewalk F:.asement. 76. P.U.F:.. represents Public Utility Easement. iiJi},. 'M:, (FOR' ;THE FIRM) FLA. LlC. N . 583 .'." . " ~;' NOT VALID WITHOUT THF:. SIGNA TURF:. AND THF:. ORIGINAL RAISED SEAL OF Ai FLORIDA LlCF:.NSF:.D SURVF:.YOR AND MAPPF:.R This is NOT a Survey. Wi_Millet _~t.#J:... ,..,.....ap.n.~.....,.,....~......~~ _,he, _....,...... Mm. ....,.....~...... ........,..". ............... _____ Mar 13. 2006 - 13:58:58 TOSBORNr/X:\SUR\callier blvd\CH2MHill\ lC-41\lrLY CULTURAL PARKWAY-LONrCRrEK DRIVE.dwg ..... INIl!X IlllI IC-41 IlI.YI l'lIlloll!m' IlllI ItlEEI' N6015-S0U-OOI 711A t:IIf X I I I I I I J I I I I I I , I I __________-1_ Vl. ~0lP') OP')- ~'-'=.!. WO_ ::<0 CXll/l ~l-t5 Q::S< ~a..a.. LONE CR~EK DRIVE 50' R/W ---TRACTH L54 - - - - -25'-cEt:E: & D.E. Ol P') P') Ol w,..-)/'.. ~..~ ...1'-'=<0 50.... o ZCXl(/) o~~ \!l:s< 8c..c.. LOT 10 w '.. ... o U1 b o z LOT 11 25' & LOT 12 N Parcel 711 B ~OB ~ -, ~ U1 bI go I I I TE~PORARY ! CONSTRUCTION EAS~MENT DURA TIO~,3 YEARS. I I I 15' w '.. .. o U1 b o z 7' S.L I O.R. Book 2124, '? ~ j (J) I 0::: U:;; ........"- ciO:: > -1lfl CI:lC'\j 0::: W :J -1 o U I , r1 I BEARING N89'09" 1 6" W N88"0 l' 48" E Agenda Item , 10C February 2 ,2007 Page 2 of 40 Legol Description A portion of Lot 10. Edison Village.' os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida. being more particularly described os follows. Commencing at the northeast corner of said Lot 10 said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 88'01'48" West along the north line of said Lot 1 D. 0 distance of 15.02 feet to the POINT OF BEGINNING; thence leoving said line South 00'50'44" West, 0 distance of 193.78 feet: thence North 89'09'16" West, 0 distance of 8.00 feet; thence North 00'50'44" Eost, o distance of 193.39 feet to the northerly line of soid Lot 10; thence North 88'01'48" East along said northerly line. 0 distance of 8.01 feet to the POINT OF BEGINNING. Containing 1.548 square feet, more or less. EXHI~IT A Page-LU NOTES: t. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, PIorida State Plane Coordinates NAD 83/90, East Zotle. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet ond decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 7 t. LBE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.LE represents PIorido Power &: Light Easement. 14. D.E. represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY.. FLA LlC. N.. 5834 . . '.. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF; A ELORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi.Mlller -~~.=-. ............................,.,.........~. ~~~ _.he. D>>....,._...."...,,...,.........,.,,..~..I'&r ...,."........... ............- PRa.Ef IlOI SHEEI' N6015-S0U-OOl 711B (If X _ lIGll IlOI lC-41 IlE.Vl Mar 1.3, 2006 - 13:49:42 TOS80RNEIX:\SUR\co1lier blvd\CH2MHill\ lC-41\LELY CULTURAL PARKWAY-LONECRtEK ORIVE.dwg ,-J I 200 direction :;; -1"- <to::: Z <t- UO o I ~ I LINE l53 L54 03/06 E., 4 N Parcel 716 I I : TEMPORARY I o STRUCTION EASEMENT D RATION 3 YEAR~T 5 I I I l \ " ro' p.u.E. L77 SEQUOIA DRIVE TRACT NSi4S'19"E 272.3S' o 0:: ~ -' :::> o CD (f) :s: 0' o l5 ::::E <t 0:: 0:: w Vi L78 w . . ... ~o 01/1 Nb a ______ 1 PARCEL 716 I~- ~~, i P.U.E. I I I I I I I I I I I I SSi48'19"W (/1 ~"'''' 0"'- 0",,1 L:io- :::!,o- CD (/1 ~I-w crS~ ~c..c.. (/1 LOT 6 " Legal Description A portion of Tract A, Sequoia Drive, Sierra Meadows, less the easterly .30.00 feet, os recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the southeast corner of said Tract A, Sequoia Drive, said point also being the intersection of the westerly right-of-way line of Collier Boulevard and the southerly right-of-way line of Sequoia Drive; thence South 87'48'19" West, along the south line of said Tract A, Sequoia Drive, 0 distance of 30.04 feet to the POINT OF BEGINNING; thence continue South 87'48'19" West, along said southerly right-of-way line, 0 distance of 20.0.3 feet; thence leaving said line North 00'50'44" East, 0 distance of 24..37 feet; thence South 87'48'19" West. 0 distonce of 282.40 feet; thence North Ocr50'44" East. 0 distance of 20.02 feet: thence North 8748'19" Eost, 0 distance of 10.02 feet; thence South 00'50'44" West, 0 distonce of 6.00 feet; thence North 87'48'19" East, 0 distonce of 272..38 feet: thence North 00'50'44" East, 0 distance of .38..39 feel to 0 point on the North Right-of-Woy line of Troct A, Sequoia Drive; thence North 87'48'19" East, along said northerly right-of-way line, 0 distonce of 20.03 feet: thence South 00'50'44" West, 0 distance of 76.78 feet to the POINT OF BEGINNING. Containing 5.549 square feet more or less. EXHIBIT Ii Pa~ ~ of 81 Li NE TABLE LINE LENGTH BEARING L75 20.03 S87'4S'19"W L76 24..37 NOO'50'44" L77 10.02 N87'48'19"E L78 6.00 SD0'50'44"W L79 38..39 NOO'50'44"E Revised per CH2MHILL design chonges 12/06 Revised per CH2MHILL design changes 12/06 Revised per CH2MHILL design changes 07/06 ~- 2S ~ 100 CRAPHIC SCALE Rev Rev I 200 E., Ii II I I 25' L.B.E. II & O.E. II II II II II :YTroct K II II I I I I I I I ) I / I I I I I I , 6.5' S.E. I AS DESCRIBED I~ O.R. BOOK 233~, PAGE 1786 I 30' ~ POC .30.04' ;::"~9"W i ;~~ IV -0::0 -'uo 6~- u ;: -'........ <to:: Z <t" Uo o w .... ... o tl1 b o NOTES: 1. This is not a survey. 2. 8asis of bearing is the West line of Coun ty Rood 951 (C.R. 951) being N 00'50'44" E:, Florida Stote Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservotions and restrictions of record. 4. E:osements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization L8 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.D.C. represents Point of Commencemen 10. O.R. represents Official Records. 1,. L. 8. E:. represents Landscape 8uffer E:asement. 12. U.E:. represents Utility Easement. rJ. FP.LE represents Florida Power & Light Easement. 14. D.E:. represents Drainage Easement. 15. S.f:. represents Sidewalk Easement. 16. P.UE represents Public Utility E:asemen/. 'W,,: t{, ~~;~: ~_~~\' F1RM)!,f FLA. LlC. O. 5 4. .' i,;:, NOT VALID WITHOUT THE SIGNATURE AND':;j,THE ORIGINAL RAISED SEAL' OF A FLORIDA LlCtNsm SURVEYOR ANDMAPPEf ".: ,~ '.- - r-",.\:C it:. This is NOT:"aSurvey.: WlI.Miller -~:.;:..-=-.. , ......,.............................~.........~~ _,11e. ..,...,......IlIl .............IIIJf4I11..............1"u .............. _.......... Ell I'MlCll' NO: .., N6015-S0U-OOI 716 ar X Mar 09, 2006 - 15: 1 4:.36 TOSBORNE!X:\SUR\collier blvd\CH2MHlil\ 1 C-41\Lone Creek Dr - RettIe-snoke Hommock.dwg llIIMIG IIIlIX NO: IC-41 Parcel 517 ------------- ---------- --- --- - _.- - -- - - -- ---- ---- - - -.- - - - -- _____.J AgenCla Irern o. 10C February 2 , 2007 Page of40 RATTLESNAKE_ HAMMOCK R~AD 3'.4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 6. Certificate af autharization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Cammencemen 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.[. represents Utility Easement. 13. FP.LL represents narida Pawer &- Light Easement. 14. DE represents Drainage Easement. 15. 5E represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. EXHIBIT II Page~ of.&1. cf1. LOT .3 uu__ ___'!:Q~L N8/48'19"E 272..38' -' S8,['lil:J~'1I_~7~.1a:- ------ --l~;'~~~. PARCEL & D.E. 51 7 Perpetual" Non-Exclusive Slope Easement LOT 4 SIERRA MEADOWS PLAT BOOK 39 PAGES 11-13 l 24' ACCESS EASEMENT AS DESCRIBED IN Io.R. BOOK 2909, PAGE 1531 ---------- ---------, -, I I I r r------------l--~;;;-- Legal Description The North 11,00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, os recorded in Plot Book pages 11 through 1.3 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the northwest corner of said Lot 4. said point olso lying on the southerly right-of-way line of Rattlesnake Hammock Rood; thence North 8/48' 19" East along said southerly right-of -way line, a distance of 272..38 feet to 0 point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, 0 distance of 11.02 feet; thence leaving said line South 8/48'19" West. 0 distance of 272..38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, 0 distance of 11.02 feet to the POINT OF BEGINNING, Containing 2,996.18 square feel. more or less. N ~- 25 50 100 GRAPHIC SCALE UNE L170 L171 BEARING SOO'50'44"W NOO'50'44" E I 200 ) I I I I I I I I I I I I : i ri(i ~ I I t[) I en I I I I 3: 2~ I ~?r- I 00:: <50 j~ l/O U I )~ I :VTroct K " : ! Iw '", '" I~ ,b ,: .39, NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 95' (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless 0 therwise noted, 5. Dimensions ore in feel and decimals thereof. 'ATT, ,S.M. (FOR THE FIRM) O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, Wi/.Mil/'f -~._. ,...........~. an.,-. ~AnItIMr. ~...~ -,~ .trCII..,... ....JIl......,.....JG.IIf/1."..,. .........11.- ......,.... ....... .............. PIlCWICl' MOo IHEEl' N6015-SDU-OOl 517 OfF X _ IIlElC NO; lC-41 M.\I: Mor 09, 2006 - 15:14:..36 TOSBORNE!X:\SUR\ccllier blvd\CH2MHUI\ 1::-41\Lone Creek Dr - Roltlesnoke Hommock.dwg Parcel 717 --------------- ----- -------- --- ------- --...- . ..--... ---... ---- ----- ..---- ---.... , ___..,J .10C February 2 ,2007 Page 2 of 40 POC RATTLESNAKE_HAMMOCK R~AD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 PIIDlIC1' NClI III!I.T N6015-SDU-OOl 717 f1F X SOO'50'44" W ~:~~~~___m_______-______ mpo'Er---------- I"- -l----S8~.g'-W 2-=7-i1..J~ 25' L.B.E. PARCEL de D.E. 717 _____..,.J LOT 4 LOT 3 SIERRA MEADOWS PLAT BOOK 39 PAGES 1 1 - 1 3 l 24' ACCESS EASEMENT AS DESCRIBED IN IO.R. BOOK 2909, PAGE 1531 ________ _________1 ., I I I r - i - - - - - - - - - - - - r - -LOT 5 Legal Description The South 5.00 feet of the North 1 6.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows. os recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the northwest corner of said Lot 4, said point also lying on the southerly right-of-way line of Rattlesnake Hammock Rood; thence South 00'50'44" West along the west line of said Lot 4, a distance of 11.02 feet to the POINT OF BEGINNING; thence North 8748'19" East, 0 distance of 272.38 feet to 0 point on the West line of the Eost 75.00 feet of Lot 4; thence South 00'50'44" West along said line, 0 distance of 1 1.02 feet; thence leaving said line South 8748'19" West, 0 distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, o distonce of 11.02 feet to the POINT OF BEGINNING. Containing 1,361.90 square feet, more or less. w- I TEMPORARY CONSTRUCTION EASEMENT DURATION ,,~ YEARS. .... Q 2!o so tOO GRAPHIC SCALE I 200 LINE L174 L175 E" I : i ri(1 ::' I I l/"J I Ol I I I I == 8Z I ~~ I cin:: <50 j~ ~o ,L-J i iVTroct K !! I i.~ o ILtl d5 !z NOTES: /. This is not a survey. 2. Basis of bearing is the West line of County Rood 95/ (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to eosements. reservotians and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. ... , 5. Dimensions are in feet and decimols thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 1,. L.8.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. /3. F.P.L.E. represents Florida Power de Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. EXHIBIT A Page.Ji.L of 6)? .M. (FOR THE FIRM) FLA. LlC. NO. 58 4 NOT VALID WITHDUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WI/.Miller -~==-. """",~.~."""".~An:MMM.~"'~ _.n;. _..... .... ""*.......~. If- ..,..",...... ................ _.......... -.a INIIIX NClI lC-41 RlVl Mol'" 09. 2006 - 15:14:36 TOSBORNEIX\SUR\collier blvd\CH2MHill\ lC-41\Lol"1e Creek Or - Rattlesnake Hommock.dwg TRACT C TRACT R- 1 I .-1 TRACT B I I ,--1 7' I I I I I I I , P.U.E. PARCEL 118 20' 20' TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 0:: w ::J -l o u iy ---------------~ ~ :J TRACT H ------ RA ITLESNAKE .tl~M~K _ R.96L - - - 100' R/W TRACT G LOT 4_ _ _ _ _ _ --------- I SIERRA : MEADOWS I PLAT BOOK 39 I PAGES 11 - 13 I I I N I .., .00 GRAPHIC SCALE IJ- o 25 Parcel 118 FEE 81M l LE 'NTERE~T PO~ ~ I l- I ([) Gl I cr:. 2,;: ......... ciO:: >. -'([) CDN Iw ..... ... I~ ,b o !z I 200 LINE L79 L80 L8' L82 LINE TABLE LENGTH 20.00 47.41 20.00 47.39 I I ( -l~ I <1:0:: Z <1:' UO o l/- I BEARING N89'09"6"W NOO'50'44"[ 589'05'50"[ SOO'50'44"W Agenda Itemo. 10C February 2 , 2007 Page 4 of 40 Legal Description A portion of Tract A, Naples Lakes Shopping Center, as recorded in Plot Book 36, poges 98 through 99 of the Public Records of Callier County, Florida, being more particularly described os follows. Beginning at the northeast corner of said Tract A, said point also lying on the westerly right-of -way line of Collier Boulevard; thence South 00'50'44" West, along said westerly right-of-way, a distance of 47.39 feet; thence leaving said line, North 89'09'1 er West, a distance of 20.00 feet; thence North 00'50'44" East. 0 distance of 47.41 feet to the north line of said Tract A; thence South 69'05'50" East along said northerly line, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 948 square feet, more or less. NOTES; 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and res t rict ions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificcte of authorization L8 43. 7. R/W represents Right-Of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 1,. L.8.E. represents Landscape 8uffer Eosement. 72. UE. represents Utility Easement. 13. FP.L.E. represents Florida Power & Light Easement. 14. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P.UE. represents Public Utility Easement. , 7. L.E. repersents Landscape Easement. EXHIBIT A PagelL of.Il1. f!J( DAVID J HYA , P.S.M. (FOR. THE FIRM) FLA Li . NO. 5834 NOT VALID WITHOUT THE SIGNA TURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LiCENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi,."illsf -~~-:=.... ,.,.,..,..~.~...,..,...~ArtMIIaII.~~ _.he:. ..,Mr~.... JIll...,..........,......... ........,.,. ,.,....,...... -.......- Mar 15, 20(l6 - 09:25:09 TOS30RNE1X:\SUR\collie.~ bivd\CH2MHil!\' C-4i\ "Joples lakes Shopping Center.dwg IWMIlI IIIIX ICI: IC-41 IIfVl PlIDoECl' ICI: IHEEr N6015-S0U-OOl lIB OF X I TEMPORARY CONSTRUCTION EASEMEN1 DURATION ,-3 YEARS. Parcel 718 ~. ~~~_,C I ._/ ., - - 70L - - - - - L~._.. I / /TRACT B I I I / / I ~ ~/ : I I r--17' P.U.E, I '1 I I I I I I 851 PARCEL 718 8' 20' L8i3 I I I L.E.--, i- ~ I I l~ ~~ d~ ci 0:: > .. Ig ffi ~ : I:i. 0:: 1 W / ::J I ...J I 8 iy _______________J~ TRACT H _ _ :J ------ TRACT A NAPLES LAKES SHOPPING CENTER PLAT .BOOK .36 PAGES 98-99 RATILESNAKE J:l~MMOCK_R.9~ --- 100'R/W TRACT G LOT 4 ---------------, SIERRA : MEADOWS I PLAT BOOK .39 I PAGES 11-13 I I I N ~- o 2~:SO 100 GRAPHIC SCALE I 200 liNE L8.3 L84 L8S L86 LINE TABLE LENGTH 8.00 47.42 8.00 47.41 Revised distance in description 03/06 I I ~ ...J~ I <0:: z <- UO o ~- I BEARING N89'09' 1 6"W NOO'SO'44"E 589'05'50" E SOO'SO'44"W Agenda Item . 1 DC February 2 , 2007 Page 2 of 40 Legal Description A portion ot Tract A, Naples Lokes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of COllier County, Florida, being more particularly described os fOllOWS. Commencing at the northeast corner of said Tract A, said point also lying on the westerly right-of-way line of Collier Boulevord; thence North 89'05'50" West along the northerly line of said Tract A, 0 distance of 20.00 feet to the POINT OF BEGINNING; thence leaving said line South 00"SO'44" West, 0 distance of 47.41 feet; thence North 89'09'16" West, 0 distance ot 8.00 feel; thence North 00"SO'44" East, o distonce of 47.42 feet to the northerly line of soid Tract A; thence South 89'OS'50" East along said northerly line, 0 distance of 8.00 feet to the POINT OF BEGINNING. Containing 379 square feet, more of less. EXHIBITL Page~ of.1Q. NOTES: 1. This is not 0 svrvey. 2. Basis of bearing is the Wesf line of Covnty Road 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.D.B. represents Point of Beginning. 9. P.O.C. repr/tsents Point of Camm/tncement. 10. D.R. repr/ts/tnls Official Records. ,1. L.B.E. represents Landscape Buffer Easement. 12. U. E. represents Utility Easement. 13. F.P.LE represents Florida Power &: Lighf casement. 14. DE represents Drainage Easement. 15. S.E. represents Sid/twolk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. u .. I..:" ;.. T.~. . (r::OR- THE FIRM) FLA. LlC. N . 5834.. './ c, "" ,:,;' NOT VALID WITHOUT'THE SIGNATuRE AND THE ORIGINAL RAISED stAb Of-:/H.Iil(ORIDA LiCENSED SURVEYOR AND MAPPER' " This is NOT a Survey. WII..,lle, -=,~r.::.... ,....",.. .,....,..........,..,... ~NfIkiII . ~~ -,"'" _....,......_....,...~. ,.... ......... JIIu .......... ....... .........._ I'IIlloIICf IIllII IHIEr N6015-S0U-OOI 718 lII" X Mar 14, 2006 - 08:29:.39 TOSBORNEIX:\SUR\collier bl\ld\CH2M~jll\ lC-41\Noples Lokes Shopping Center,dwg __ IIIll!X ID IC-41 IllVl I I EXHI~Il~ A 1: Page...LP- of ';;/'7 I I I Parcel 119 I I TRACT C I I I 1_. TRACT R-1 " " I POB I SIGN EAS~MENT O.R. BOOK 3151 PAGE 3 12 I I FEE SIMPLE INTEREST I , ~E' 20' I I ~ I U") OJ I I I'~ 2~ I 15:s c:i 0::; : '8 ~ ~ : Iz 0::; I W I :J I ....J I 8 i~ ---------------~ ~ TRACT H J ------- TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 RATTLESNAKE .tl~MMOCK_R.96!L- - - - ---,-00' R/W TRACT G _ _ _ _ _ _ !:.O]' _4_ _ _ _ _ _ I SIERRA I MEADOWS I PLAT BOOK 39 PAGES 11-1:3 I I N ~- o 25 ~ 100 GRAPHIC SCALE I 200 LINE L87 L88 L89 L90 L91 LINE TABLE LENGTH 20.00 13.88 5.00 10.00 18.23 TMO/1965 I I ~ ....J~ I <(0::; z <( - UO o l/- I BEARING N89'Os'sO" W NOO'sO'44" E S89'09' 16" E N89'09' 16"W N00"50'44" E Agenoa ITem ( o. 10C February 2 , 2007 Legal Descripr,on p ~ f 40 A portion of Tract B, Naples Lakes ShOppiR~e 0 Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the northeast corner of said Tract B, said point also being the intersection of the southerly right-aI-way line 0.1 Tract R-1 and the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West. along said westerly right-of-way line, 0 distance of 165.19 feet to the southeasterly corner of Tract 8; thence North 89'05'50" West, along the southerly line of said Tract B, o distance of 20.00 feet; thence leaving said south line, North 00'5D'44" East, 0 distonce of 13.88 feet; thence South 89'09' 1 6" East, o distonce of 5.00 feet; thence North 00'50'44" East, 0 distance of 145.00 feet; thence North 89'09'16" West. 0 distance of 10.00 feet; thence North 00'50'44" Eost. 0 distance of 18.23 feet to the southerly right-of -way line of soid Tract R-1 ond the point of curve of 0 non tongent curve to the right, of which the radius point lies South 09'36'04" West, 0 radial distance of 48.00 feet ond hoving 0 chord beoring of South 6.3'37'42" East. 0 chord distance of 27.70 feet; thence southeasterly olong said southerly right-of-woy ond the ore, through 0 centrol ongle 01 33'32'48", 0 distonce of 28.10 feet to the POINT OF' BEGINNING. Containing 2,797 square feet. more of less. NOTES: 7. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (CR. 957) being N 00'50'44" E, Florida State Plone Coordinates NAD 83/90. Easl Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 1 7. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 76. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. ..,/ .,~;}..;:. / / j'~" j, ,:'; ~~ ( :4TT. . .Ii (FOR, ,THE:' FIRM) FLA. LlC. O. .5834(. '..' ", .... :; NOT VALID WITHOUT THE SIGNATURt AND THE ORIGINAL RAISED SEAL. OF, AI FLORIDA LICENSED SURVEYOR AND MAPPER" . This is NOT a Survey, WiI.Miller --=':'#=-- ,..".....~.~......,...~An::IllIIc*.~~ _.ne. .....,....._. ,...............,... ........,.,.. ........ ...... ..........- Mar 14, 2006 - 08:29:39 TOS80RNE!X:\SUR\colfier blvd\CH2MHiH\ 1 C-41\Naptes Lakes Shopping Center,dwg ..... INIIIlC IIOl IC-41 IllVl PIIloIICI' IIOl IHEEr N6015-S0U-OOI 119", X Parcel 719 ~ ~:-~ I SIGN EASEMENT O,R, 800K 31'1 PAGE 3212 8' IS' I I rR~5:~tKL}9~~] - I P. .3120 I :--17' P.U.E, I I I I I I I TRACT 8 941 I I I I I I : I I I i ,.; ~ I I~ 0:: I Ib U 3:: I 0 ......." : I z c:i 0:: I > . I -1lf'l I CON I 0:: i I ~ I 0 I U ------~,:::--~~~~ ------ TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 RATTLESNAKE .t:l~MMOCK_R.9~ - - - 100' R/W TRACT G _ ___ __ ':.0]' _4:.._ __ __, SIERRA I MEADOWS I PLAT 800K ~9 PAGES 1 I -113 I I I I r1 -1~ I <0:: Z 2)0 o l/- I TEMPO~ARY I I C NSTRUCTlON EASEMENT DURA TION J YEARS. l'IIDoIICl' IIll IHIE1' N601~-SOU-OOl 719 Off X LINE TABLE N LINE LENGTH L92 5.00 L9.3 13.88 ~ I I L94 8.00 L95 13.87 0 25 SO 100 200 L96 5.00 GRAPHIC SCALE L97 8.00 REVISED TO ADD F.P.L,E. 03/06 TMO/1965 E" Agenda Item . 10C Legal Description February 2 , 2007 A portion of Tract 8, Naples Lakes' shof?>Ulge 2 of 40 Center, os recorded in Plat 8aok 36, pages 98 through 99 of the Public Records of Collier County, Floddo, being more particularly described os follows. Commencing at the southeast corner of said Tract 8, said point being on the westerly right-of-way line of Collier Boulevard; thence North 89'05'50" West, olong the southerly line of said Tract 8, 0 distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 89'05'50" West, along said southerly line, 0 distance of 8.00 feet: thence leaving said line North 00'50'44" East, 0 distance of 13,87 feet; thence South 89'09' I 6" East, 0 distance of 5.00 feet: thence North 00'50'44" East, 0 distence of 145.00 feet; thence South 89'09' 16" Eest, 0 distance of 8.00 feet; thence South 00'50'44" West, 0 distance of 145,00 feet; thence North 89'09' I 6" West, a distance of 5.00 feet; thence South 00'50'44" West, 0 distance of 13.8a feet to the POINT OF BEGINNING. Containing t ,271 square feet, more of less, EXHI~'TL Pege.1't.. of 9.f7 NOTES: 1. This is not 0 survey, 2. 8asis of beoring is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 8J/90, East Zone, J. Subject to easeml/nts, resllrvations and rllstrictions of record, 4. Easements shown hl/reon ore per plot, unless otherwise noted. 5, D/mllnsions ore in feet and decimals thereof. . 6. Certificate of authorization LB 4J. 7. R/W represents Right-of-Way. 8. p.o.e. represents Point of 8eginning. 9, P.O.C. represents Point of Commencement. 10. O.R, represents Official Records. 1 7. L.8.E. represents Landscape 8u"lIr Easement. 12. U,E, represents utility Easement. tJ. F.P,L.E. represents Florida Power &< Light Easement. 14. D,E. represents Drainage Easement. 15. S.t:. represents Sidewalk Easement. 15. P.U.E. represents Public Utility Eosllment. 17, L.E. repersents Landscape Easement. DAVID J. Hym .THE FIRM) FLA. LlC. NlJ.5 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LlCENStD SURVEYOR AND MAPPER This is NOT a Survey. WI,."III., _~J::o... ".,..........,.............,.. .~~ .1/WelIf1IIIIl ~ ~h> ......,.... MIfJIJ. ................". .... ..........".,................ ............- IllVIIlIIO IIlIlC IIll IC-41 RItYI Mer 14, 2006 - 06:29:39 TOSBORNEIX:\SUR\coW.r blvd\CH2MHill\ 1C-41\Nepl.. Lek.. Sheppin9 Center.dwg I I I I I I I I I I I I :--' 7' I I I TRACT C P.U.E. " ,TRACT 'R-l 1_ - _~,L - --- I /f?ARCEL I / / 120 ~/ I I I I I I I I I TRACT 8 20' I I I I I I I I I I , I J I I I I I I I r I I i I I I ----------------~~ :J ------- NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A Parcel 120 FEE k'MPLE INTlEREST I L I I I I ~r1 ~ I -JZ I ~ ~Cl:: I I I <( - I Cl:: I U 0 ~~ I ;? I >. ~ -JiJ) I [DN I ~ I o U 25' POB I I W ''<t ,. r:7l Ib I: I I ~ RATTLE~~ !::IAMMOC~_ROAD I - - - 100' R/W I EXHIB~ A PageJ1i. of J J N I _ I o 25 50 '00 200 CRAPHIC SCA.LE CHORD BRC. N63'37'42"W N45"9'39"E .>\ t:llUel Lt: I O. 10C February 2 , 2007 Legal Description P;:Joe of 40 The easterly 25.00 feet of Tract R-l, NoPfEiS Lakes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the southeast corner of said Tract R- 1. said point also being the intersection of the southerly right-or-way line of Tract R-l and the westerly right-of-way line of Collier Boulevard and the beginning of o curve to the left, of whiCh the radius point lies South 43'08'32" West, 0 rOdial distonce of 48.00 feet and hoving 0 chord beoring of North 63'37'42" West. 0 chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R-l ond the arc, through 0 central angle of ,3,3',32'48", 0 distance of 28.10 feet; thence leoving said line North 00'50'44" East, 0 distance of 38.61 feet to the northerly right-of-way line of soid Troct R-l and 0 point of curve of 0 non tongent curve to the left, of which the rodius point lies North 2751"5" West, 0 radial distance of 48.00 feet and hoving 0 chord beoring of North 45'19',39" East, 0 chord distonce of 35.68 feet; thence . northeasterly along said northerly right-of-way line and the arc, through 0 central angle of 43'38'09", 0 distonce of 36.56 feet to the westerly right-of-way of soid Collier Boulevord: thence South 00'50'44" west along said line, a distance of 76.00 feet to the POINT OF BEGINNIING. Containing 1,312 squore feet, more 'of less. NOTES: ,. This is not 0 survey, 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, cost Zone. 3. Subject to easements, reservations and restrictions of record. 4. casements shown hereon are per plot, unlesS otherwise noted. 5. Dimensions ore in feet ond decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. repres"nts Official Records. 1 ,. L.BE represents Landscape Buffer casement. 12. U.E. represents Utility Easement. 13. '.P.L. c. represents Florida Power clc Lighf Easement. 14. DE represents Drainage Easement. 15. SE represents Sidewalk Easement. 16. P.UE. represents Public Utility Easement. i 7. L.E. repersents Landscape Easement. r.o' , . (F'O~nHtFIRM) 'LA LlC. N 5834,' ,'i". NOT VALID WITHOUT THe SIGNATURE AND THE ORIGINAL RAISED SEAL'O~ A, ,'FLORIDA L1CENS[D SURVEYOR AND MAPPER This is NOT a Survey. WiI.Miller _-='==-M ........~.~..".,........,...~.~~ _,K #lO...,.........,." . ........... ~. .... .......,.,.., .......,......, ........- IIIWlINlI NlEll NO: 1C-41 IlEYI I'ROoI!m MOl SHEEr N6015-S0U-001 120 Of X Mar i4, 2006 - 08;29:39 TOS80RNEIX:\SUR\collier blvd\CH2M~ill\ 1C-41\Napies Lakes ShoPpin9 Center.dwg I I I I I I I I I I I I I :--1 7' I 1 I TRACT C P.U,E. TRACT B 20' II I" I I I L.E.--1 I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A 11 I I ---------------~~ _:J .------ L 1 D . t' Agenda Item o. 10C ego escnp Ion ') A portion of Tract R-1, Naples Lakes Sfi$Ill;Pry ~ ,2007 I Center, OS recorded in Plot Book 36, pages ~ge 9 of 40 through 99 of the Public Records of Collier County, Florida, being more particularly described os I follows. I Commencing at the northeast corner of Tract B of I said Naples Lakes Shopping Center, said point also being the intersection of the .southerly right-of-way line of Tract R-1 and the westerly right-of-way I line of Collier Boulevard and the beginning of 0 I curve to the left, of which the radius point lies South 43'08'32" West, 0 radial distance of 48.00 feet and having 0 chord bearing of North 63'37'42" Wes!. 0 chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R-1 and the ore, through 0 central angle of I 33'32'48", 0 distance of 28.10 feet to the POINT 'OF BEGINNING and the beginning of 0 curve to the . left, of which the radius point lies South 09'35'54" I West, 0 radial distance of 48.00 feet and having 0 I I chord bearing of North 84'4S'47" West, 0 chord I r1 distance of 7.33 feet; thence westerly along said r1 southerly right-of-way line and the arc, through 0 central angle of 08'45'22". 0 distance of 7.34 feet; thence North 89'09'17" West, along said 'I : right-of-way line, 0 distance of 29.51 feet; thence leaving said line North 44'09'1 r; West, 0 distance I I of 7.33 feet; thence North 00'50'44" East, 0 ....... 3: distance of 28.82 feet to the northerly U; <i ~ right-of-way line of said Troct R-1; thence South 01 I Z I 89'09' 11' East, along said northerly right of way d: I CS g I line, 0 distance of 22.71 feet to 0 point of curve '-"aU' "0:::3: I ~ I to the left having 0 radius of 48.00 feet, a central ..... l/ angle of 23'41 '58", and a chord bearing of North 78'59'43" East, 0 chord distonce of 19,71 feet; > _ thence easterly along the northerly right-of-way as i!3: ~~~8;f f::~~ t~~~:e R;0~t~ngO't~~'4a;.~ ~e:;~t~nce of ffi I distance of 38.61 feet to the POINT OF BEGINNING. :::i c5 Containing 1,442 square feet, more or less. U NOT~S: 1. This is not a survey. Parcel 720 I I I I ~EMPOAARY ........lWAY ~TORAT1ON ~jMeNT IllURAT!ON: 3 VEAA~ PARCEL 720 POC IPOB ~ I I L.i ..... ~ I~ Ib I~ I I ~ EXHIBI+ 11 Page-4 of &"7 RATTLESNAKE HA~M.9~_BQf.o - - -'00' R/W N '..- o 25 -'II 100 GRAPHIC SCALE CURVE C8 Cl0 C11 Rev 1) RADIUS 48.00' 48.00' 48.00' I 200 LINE L99 L100 L101 L1 02 L103 LINE TABLE LENGTH 29.51 7.33 28.82 22.71 38.61 BEARING N89'0 '17'W N44'09'16"W NOO'SO' 44" E 589'09'17'( SOO'50'44"W 2. Basis of bearing is the West line of County Road 951 (CR. 951) being N 00'50'44" ~, Florida State Plane Coordinates NAD 83/90. ~ast Zone. 3. Subject to easements, reservations and restrictions of record. 4. ~asements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. CerUficate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Cammencemen/. 10. OR. represents Official Records. 11. L.8L represents Landscape Buffer Easement. 12. U.E. represents Utility ~asement, 13. F.P.L.~. repr/tsents Florida Power &. Light ~asement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents. Public,Utility ~osement. 17. L.E. repersents, Londscope".Easement. l~",';i.( , . :;, ~- / ,,-~' :~., f '~J~':"'" 'C .". I. if. ,. DAVID J. HY. ,Po'. /,(fo&' T-HE ;;~M) FLA. LlC. N 5834'" .. .l,~.' NOT VALID WITHOUT Ti;~ S'GNArDR~ AND THE ORIGINAL RAIS~D S~A( OF' A ~ fLORIDA . LlC~NSED SURV~YOR AND MAPP~R ,.~. This is NOT a Survey, WI/.Mlller -~~~.. ,..,....~.........~.~~.~~ ~tlc. _....,_...KtI.........~...................,................ ................ CMI n.e IC-41 PIIloImf NO: IHEEl' N6015-S0U-OOI 720 f1F X 11M llMIIlliI INDEX NO: IC-41 Mar 14, 2006 - 08:29:39 TOS80RNEIX:\SUR\eollier blvd\CH2MHirl\ 1 C-4 1\Naples lakes Shopping Center.dwg CURVE TABLE LENGTH TANGENT CHORD 28.10' 14.47 27.70' 7.34' 3.67 7.33' 19.85' 10.07 19.71' per County Comment CHORD BRG. NS . 7'42"W N84'46'47"W N7 ' 9'4.3"E 03/0S E" "ACT 0 J Parcel 121 I I I I I I I I I I I I I I' I I , I I Fe~ SIMPlE 'iEREST I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A + 3M ~ o 25 50 100 GRAPHIC SCALE 200 E" CID flU: lC-41 Agenda Item o. 10C February 2 ,2007 Legal Description p f 40 The East 25.00 feet of Tract C and the s~JW 0 5.00 feet of the East 25.00 feet of Tract D. Naples Lakes Shopping Center, as recorded in Plat Book 36. pages 98 through 99 of the Public Records of Collier County, Florida, being more particulorly described as follows. Beginning at the Southeast corner of. Tract C of said Noples Lokes Shopping Center, said point also being the intersection of the northerly right-of-way line of Tract R-l and the westerly right-of-way line of Collier Boulevard ond the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord bearing of South 45'19'39" West, a chard distance of 35.68 feet; thence southwesterly along the northerly right-of-way line of Tract R- 1 ond the ore, through a central angle of 43'38'09". a distance of .36.56 feet; thence leaving said line North 00'50'44" East, a distance of 256.42 feet to the northerly line of the south 5.00 feet of said Trod 0; thence South 89'06'00. East along said line, a distance of 25.00 feet to the westerly right-of-way line of Callier Boulevard; thence Soulh 00'50'44" Wesl along said line, a distance of 230.94 feel to the POINT OF BEGINNING. Containing 6.174 square feel, more or less. EXHIBIT A PageL of.-:21. NOTES: ,. This is nof 0 survey. 2. 80sis of beadng is the West line of County Rood 95 T (CR. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in teet and decimals thereof. 6. Certificate of outhoriza/ion LB 43. 7. R/W represents Right-at-Way. 8. P.O.B. represents Poinl of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. T ,. L.B.E. represents Landscape Buffer Easement. 12. U[ represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.u.r::. represents Public Utility Easement. 17. L.E. repersents Landscope Easement. . ~;: j . .... :!, .J... '" ~ . ,. (FOR;;'rHtif~f5M) ':-" :~ ,'....' ,c'. ,~. NOT VALID WITHOUT TRE SIGNA/lIRe' AND THE ORIGINAL RAISED stAL or A FLORIDA LlCENSE:D SURVEYOR AND MAPPE:R:'l'fJ-!.l/'" This is NOT a-:Sui-vey, WlI.Miller -~==-- ~.---..~........,...~ArcMIdI.~~ _iIc. MlO..,... Uta>>................,..,.... ~ ..... ......... ..... .......... "lUX:!' NCIl INiEI' N6015-S0U-OOl 121 Clf' X MY: !.lor 14, 2006 - 08:29:.39 TOSBORNElx:\SUR\coJlier blvd\CH2MHill\ lC-41\Noples Lakes Shopping Center,dwg __ IIlIX NCIl lC-41 Parcel 721 I I I ~ i i i! I (! 10' F.P.L.E. i : ~ ~ ! O.R. BOOK 3600,+ (! I P 1952-1954 r-j.J , ....... I 3: I 11ff.... :;:; l;i~ OJ z d:: 130 u I 0 '-' 3: I ~~ l/ 0:: W I ~ I TRACT J ;,., l ~ ~ "" ~ * b ltl ~ I oj L/') N .... '..t- ..t- o L/') b o z NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A I EXHIBIT "A PageJL of ,f) 7 N ~- o 2~ ~ 100 GRAPHIC SCALE I 200 CURVE C12 C13 Rev 1) E., Agenda Item o. 10C February 2 , 2007 Legal Description P f 40 The West 8.00 feet of the East 33.00 feeta~e 0 Tract C and the South 5.00 feet of the West 8.00 feet of the East 33.00 feet of Tract D, Naples Lakes Shopping Center, os recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the sOutheast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right-of-way line of Tract R-1 and the westerly right-of-way line of Collier Boulevard and the beginning of 0 curve to the right, of which the radius point lies North 66'29'21' West, 0 radial distance of 48.00 feet and having 0 chord bearing of South 45', 9'39" West, 0 chord distance of 35.68 feet; thence southwesterly along the northerly right-of-way line of said Tract R-l and the ore, through 0 central angle of 43'38'09", 0 distance of 36.56 feet to the POINT OF BEGINNING; and the beginning of a curve to the right, of whiCh the radius point lies North 22'51' 16" West, a radial distance of 48.00 feet and having 0 chord bearing of South 72" t 1 '29" West, 8.44 feet; thence westerly along the northerly right-of-way fine of said Tract R- 1 and the ore, through 0 central angle of 10'05'30", 0 d',stance of 8.45 feet; thence leaving said line North 00"50'44" East. 0 distance of 259.13 feet to the northerly fine of the sauth 5.00 feet of said Tract D; thence South 89'06'00" East along said northerly line, 0 distance of 8.00 feet; thence leaving said line South 00"50'44" West, 0 distance of 256.42 feet to the POINT OF BEGINNING. Containing 2,063 square feet, more or less. NOTES: ,. This is nof 0 survey. 2. Basis of bearing is the West fine of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 1 ,. L.BE represents Landscape Buffer Easement. 12. UE represents Utility Easement. 1 J. F.P.L.E. represents Florida Power &: Light Easement. 14. DE. represents Drainage Easement. 15. S.E. represents Sidewalk. Easement. 16. P.UL represents Public .Utility Easement. 17. L.E. repersents.J,L~ndscape. Easement. I:;:':{.,/J . ,.. ~ ' ~ ~ ;.,) ".:-' DAVID J. HY. TT, . .M/ (foR.;il;ii:F.fRM) FLA. Lie. N . 5834' 'p. "'~'~' NOT VALID WITHOUT THE: SICNAT,l!jRE AND THE ORIGINAL RAISED SEAL onA 'FLORIDA LiCENSED SURVEYOR AND MAPPER.' . This is NOT a Survey, WI_Millet _~r.==-M ,..,....,.,...,.~..".,....~NdIa:rIII.~_~ _,ioc. .....,..... ......,............".. .........,.,. ". ~........ ......,.,..... Uor 14, 2006 - 08:29:.19 TOS80RNEIX:\SUR\collier blvd\CH2MHin\ 1 C-41\Noples LOkU S,",opping Center.dwg _ NIEX NlII IC-.lI lllVl eM) I'I.rI IC-41 I'lIOIICI' NlII IHIIEI' N6015-S0U-OOl 72J at X ;: I '0.1 ~ 0,,", ",q Or-; ~-I I I TRACT D Z: I I IlL 10' F.P.L.E. ': O.R. BOOK 3600,+ P 1952-1954 , I i: I r~~ I 'I--.J Parcel 723 FUTURE DEVELOPMENT DE, AE. ME, 20' NAPLES LAKES COUNTRY CLUB PLAT BOOK .33 PAGES 8-15 N 589'06 '00" E .. C 2~ ~ 100 GRAPHIC SCALE I 200 /"r'-uHlS.-58'' ~. ..,. I - , 10' I.E. ::; ! O.R. SOOK 3058, PAGE 3228 .; -10 ci:i~ 1-1..; u"o( <(' . ~:~ '" I~ I , LINE L114 L115 BEARING NOO'50'44"E NOO'54'1 2" E P.U.E. TRACT C legol Description A portion of Tract R-l of Naples lakes Shapping Center, os recorded in Plot Sook 35, pages 98 through 99 of the Public Records of Collier County, Florida, being more porticularly described as follows, Begmning ot the southeast corner of Tract R-l of soid Naples lakes Shopping Center, said POint also lying on the westerly right-of-way line of Caliler Boulevard, and the beginning of 0 curve to the left, of which the radius point lies South 28'40'49" West, 0 radial distance of 27.54 feet; thence westerly along soid southerly line of Troct R- 1 and the arc. through a central angle 01 28'00'35". 0 distance of 13.46 feet, and being subtended by a chord having a bearing of North 75'19'28" West and a distMce of 13.33 feet; thence North 89'06'00" West along said southerly line. a distance 01 17.05 feet; thence leaving said line North 00'50'44" East, a distance 01 12.00 feet; thence North 89'06'00" West, a distance of 109.58 feet to the point of curve of a non tangent curve 10 the left, of which the radius point lies South 00'54'01. West. a radiol distance of 60.00 feet; thence southwesterly along the ore, through a central angle at 89'59'48", a distance of 94.24 feet. and being subtended by 0 chord having 0 bearing of South 45'54'07" West and a distance of 84.85 feet; thence North 00'54'12" East, a distance of 14.00 feet to a paint of curve to the right having a radius of 60.00 leet and a central angle of 89'59'48"; thence nartheasterly along the ore a distance of 94.24 feet. and being subtended by a chord having a bearing of North 45'54 '06" East and a distance of 84.85 feet; thence South 89'06'00" East, 0 distonce of 1.39.57 feel to 0 point on the westerly right-of-way line of said Collier Boulevard; thence Sauth 00'50'44" West along said line, 0 distance of 29.17 feet to the POINT OF BEGINNING. Agenaa Ilem o. 10C ~ FetDruary 2 ,2007 I Page of 40 I : TEMPORARY I ONSTRUCTIBN EASEMENT "9:' :DURATIDN -p- YEA,S. SOO'50'44"W I P~f! ~ ~ 13:1 U3: -!'-.. I '-" '-.. <( a:: I cia:: Z I ~~ I cS~ ~~ L-J I l.E.-1 I I I I I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 00'50'44" W, Florido State Plone Coordinates NAD 83/90, East Zone. 3. Subject to eosements, reservations ond restr"ctions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet ond decimals thereof. 6. Certificate of outhorization LB 43. 7. R/W represents Right-of-Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. D.R. represents Officio I Records. 11. l.B.E. represents Londscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P LE. represents Florida Power & light Eosement. 14. D.E. represents Droinoge Easement. 15. S.E. represents Sidewalk Eosement. 15. P.U.E. represents Public Uti:ity Eosement. EXHIBIT-.A-c 17. A.E. repersents Access Eosement. Page-19- 0f3l Cantaining 3,167 square leet mare or iess. CURVE TABLE CURVE RADIUS DELTA lEN GTH TANGENT CHORD CHORD BRG. C14 27.54' 28'00'35" 13.46' 6.87 13.33' N75'19' B"W C28 60.00' 89'59'48" 94.24' 60.00 84.85' S45'54'07'W C29 60.00' 89'59'48" 94.24' 60.00 84.85' N45'54'06" Rev:sed per CH2MHlll Revised per CH2MHlll 12/06 11/06 E., . . .M. (FOR THE FIRM) FLA. Lie. N . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WiI.Miller -~~~.. l'Inwt.fr9t-I,~,""""'.~NdI/tItia .~~ _i>c. ...,....,.....IIlIl . .... ~.....,.".. .........,.,. hi ..,.,.... . ...... _'*-'Iw_ CMl fU: lC-41 PIICloEr IllII IHIEf N6015-SQU-OOl 723 Oft X lIMIIG IIIEIl IllII lC-41 !lEY: Mar 14, 2006 - 05:29"39 TOS80RNElx:\ SUR\ collier blvd\ CH2MHill\ 1 C-41\Nopfes L(Jkes Shopp'I"g CenteLdw9 I II I :L- 20' L.B.E.--, I ~.J I' NAPLES LAKES 5' S;c:.---II COUNTRY CLUB ) I PLAT BOOK 33 / I PAGES 8-15 / L.B.E. II // L.LJ .:;: __- __ __ ___n__ n_ _ _~O~~:~~l~/~ b a, ~ ~ ~ : ~ j r1 en I I I ~ I I I 2.:= := ~ "- ...J"- ': ;... c:i c:r ~ c:r bO! ::Ju, (30 ~ ~~ W~_ N I S ~~-------[----[----::'''''-~-~~w -7 - <5 ...J..... ( ~ ~ - - - - - - - to' -f>'5' U.$- ~ ... <J:). I -- /----~_-- ______n_~:.-. "'8. ~~ I POB N -.-- - - - - I 5S ...; ,0 ..., ---L CUE...J I /~ 15' WATERLINE bN ~,~ I .. . 8 I ._ I """'" D~~'oUpRJ~NT z t~E~ : . o 2" "0 CRAPH:; SCALE 200 DE. AE, ME, ! I EXHIBIT..L ~O af~ Parcel 725 FUTURE OEVELOPMENT DE, AE, ME, TEMPORARY CONSTRUCTION EASEMENT DURATION -3 YEARS. PARCEL ~ 725 o' .0 ,......, ~8 ( A.E. & P.S.U.E.) TRACT R '{)5'4(j"C z:3~- \1'ol\lER1'olESS ~R\VE Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, os recorded in Plot Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described os follows. Beginning at the southeast corner of Tract R of said Naples Lakes Country Club, said point also being the intersection of the westerly right-ai-way line 01 Collier Boulevard and the southerly right-of-way line of Inverness Club Drive, and the beginning 01 a curve to the left, of which the radius point lies North 89'09'16" West, a rodial distance 01 25.00 leet and having a chord bearing of North 44'07'31" West. 35.34 leet; thence northwesterly along said southerly right-ai-way line for the following 2 courses and the arc, through 0 centrol angle of 89'56'30", 0 distance 01 39.24 leet; thence North 89'05'46" West, 0 distance of 15.03 feel; thence leaving said line North 00'50'44" East, 0 distance of 23.00 feet; thence North 89'05'46" West, 0 distance of 230.40 leet; thence North 00'50'44" East, 0 distance of 17.00 feet: thence South 89'05'46" East, 0 distance of 230.40 feet; thence North 00'50'44" East, 0 distance of 8.00 feet; thence South 89'05'46" East, 0 distance of 40.00 feet to 0 point on the westerly right-of-way line 01 said Collier Boulevard; thence South 00'50'44" West along said line. 0 distance of 72.97 feet to the POINT OF BECINNING. Containing 5,970 square feet or 0.' 371 acres, more or less. Rev Revised per CH2MHILL design changes Rev Revised per CH2MHILL design changes Rev Revised per CH2MHILL 04/06 Rev Revised per County Comments 04/06 Revised per CH2MHILL 04/06 12/06 12/06 Agenda Item t o. 10C FebruafJ{ 2 . 2007 Pagj3 of40 I NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line 01 County Rood 95' (C.R. 951) being S 00'50'44" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions 01 record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-ai-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point 01 Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. , 2. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. , 6. P.U.E. represents Publ'lc Utility Easement. 17. P.S.U.E. repersents Private specific vse Easement , 8. C.U.E. repersents County Utility Easement , 8. A.E. repersents Access Easement T, lfS. (FOR THE FIRM) FLA. Lle.:N 583 - . NOT VALID WITHOUT THE SIGNA TURf: AND THf ORIGINAL RAISf:D SEAL OF A FLORIDA UCfNSf:D SURVEYOR AND MAF?PfR This iSiNOT a Survey. WII.MiIlB' -~:.;::=-.. .I"IlnwlI.~.~.""""'.~"""""'~~ ~tlc. .....,,.,.IUJo..................,.,.... ......,. 'w ....,..., ...... .........._ IWl.IICT IQ IHIET N6015-S0U-OOI 725 01 X DMlINII INDD IQ IC-41 Ilf.Vl Mar 14. 2006 - 08:29:39 TOSBORNElx:\SUR\calli" blvd\CH2'-1Hill\ lC-41\Nopl.. La... Shappin9 Center.dw9 TRACT E TRACT H TRACT A CLUB ESTATES DRIVE 1 00' R/W (A.E. &. U.E.) w . 'ool' Oool' o. '0 0, _0 o Z 60' I I . _.J Vl W 1--0 ~"loo Vl",1 wooo 0.... ~CDVl -'....w u5~ 'j!ll.o.. I- TRACT E Parcel 726 r- :~ r1~ -1........ I I <: cr I 'I ~ 0 Uo V lI) en I cr U~ '-'........ cicr >. -1lI) CDN cr w ::J -1 o U ~ I I I I ~ORIVEWAr ~ESTPRATlON EASEMEJI'lT ~TlON: 3 v.~S 4 N ~ o 25 50 \00 GRAPHIC SCALE EXHIBIT ,A PageL of..& 200 LINE 11 19 L120 BEARING N89"09' 1 6"W S89'09'16"E CURVE RADIUS DELTA C1B 50.00' 90"00'00" C 19 50.00' 90'00'00" CH2ldHILL 4, 06 SKETCH & DESCRIPTION OF PARCEL 726 A PORTION OF CHORD BRG. N44'09'1 f5'w N4S'SO '44" E E" QlD FUll lC-4,1 MloIECI' MOl IHEEI' N6015-S0U-OOl 726 ~ X llE.Y: Agenda Item February Page o.10C 7. 2007 4 of 40 Legal Description The East 60.00 feet of Tract A, Club Estates Drive, The Club Estates, os recorded in Plot Book 31, Pages 78- 80 of the Public Records of COllier County, Florida, being more particularly described os follows. Beginning at the intersection of the southerly right-of-way line of Club Estates Drive ond the westerly right-of-way line of COllier Boulevard ond the beginning of 0 ourve to the left, of which the radius point lies North 89'09' 1 8" West, 0 radial distance of 50.00 feet and having 0 chord bearing of North 44'09" 6" West, 0 chord distance of 70.71 feet; thence northwesterly along the south right-of-way line 01 said Club Estates Orive and the ore, through 0 central angle of 90'00'00", 0 distance of 78.54 feet; thence North 89'09'16" West along said southerly right-of-way line, a distance of 1 0.00 feet; thence leaving said line North 00'50'44" East, 0 distance of 100.00 feet to the northerly right-of-way line of said Club Esates Drive; thence South 89'09'10' East along said northerly line, a distance of 10.00 feet to the point of curve to the left having 0 radius of 50.00 feet, a central angle of 90'00'00", and having a chord bearing of Narth 45'50'44" East, 0 chord distance of 70.71 feet; thence northeasterly along said northerly line and the ore, 0 distance of 78.54 feet to the westerly right-of-way line of said Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, 0 distance of 200.00 feet to the POINT OF BEGINNING. Containing 7,07.3 squore feel, more or Jess. NOTES: ,. This is not 0 survey. 2. Bosis of bearing is the West line of County Rood 951 (CR. 951) being N 00'50'44" ~, nar;do Stott! Plane Coordinates NAD 83/90, ~ost Zone. 3. Subject to easements, reservotia.ns and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certilicate of authorization LB 43. 7, R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. OR. represents Officiol Records. 1 t. L.B.!:. represents Landscape Buffer ~asement. 12. UE represents Utility Easement. 13. F.P.L.E. represents Florida Power .& Light Eosement. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.[. represet1ls'fubfic Utilify Easement. 1'1 . t): ., ,.) .~- (,' , .'~ ,.',' ;::;:. C':'f" , IfQlff Tr(~ F!RM) FLA. LlC. NO. 58 .. " ,",' ,\':: NOT VALID WITHOUT> THe: SIGNA'TURE AND THE ORIGINAL RAISED SEAl!. OF,A, IfLORIDA LICENSED SURVEYOR AND MAPP~R 'f 'v .. This is NOT a Survey, Wi,.lfiller _~;.o:.-=-~ ..........~.~..........~........~~ _.m .xI'..,....... _. ....1'larbto1lMllHdEf . ,.,... ~.,.. ................ ............ IllNIG laX IIllI lC-41 Apr 07, 2006 - 11 :39:033 TOS80RNEIX:\SUR\r;ollier blvd\CH2MHi!~ 1 C-41\Club Estates Drive-Dcvis.dwg 011 ... -' 8CD<o0 3NQ) t5ui5,}, ~>-o" [2g:CDcry WZI-W J:5:S~ !:aua.a. i u ~ co :::l -' Uro ...(;:;", 5-N l:l",~ -'8w ~CDl:l gciif ~ci cry W -' ~ + N I ~ P(18 ' (I I :i~ I I Z I , <C 0 I u 2 ( TRACT GC3 TRACT C19 . ~I "... ........ NO ,:;; bl - ~i L122 Lu .'..t- ......... I"l" .0 0ll'J "'b o Z ~ "'. ......... " "1 O. ll'J0 b'" o ~-, )f121 ! PARCEL : _ ___J 727 U.E. I OR SO OK 1988 I PAGE 230 UNPLATTED a:: w :J i 8 ~ I ~ 2~!lO 100 GRAPHIC SCALE I 200 poc ---. l{) 01 I a:: U3: '-"" cia:: > . ...Jl{) CDN LINE L 121 L122 Parcel 727 SEARING NB9'09'16"W S89'09' 16" E E., Agenda Item February Legal Description Page A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more porticularly described os follows. ~o. 10C 7, 2007 5 of 40 + Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phose One, os recorded in Plot Soak 26, pages 73-80 of the Public Records of COllier County, Florida, said point also lying on the westerly right-of-woy line of Collier Boulevard; thence South 00'50'44" West along said westerly right-of-way line, 0 distance of 1312.77 feet to the POINT OF 8EGINNING thence continue South 00"50'44" West along said westerly right -of -way line, 0 distance of 80.37 feet; thence leaving soid line North 89'09'16" West, 0 distance of 40.00 feet; thence North 00"50'44" East, a distance of 80.37 feet; thence South 89'09' 16" East, 0 distance of 40.00 feet to the POINT OF SEGINNING. Containing 3,215 square feet. more or less. EXHIBIT A Page !J9- of...2Z. TEMPORARY DRIVEWAY RESTORATION EASEMENT ;ouAATlON:3~S . NO TrS: 7. This is not 0 survey. 2. Basis of bearing is the West line of Counfy Rood 951 (C.R. 951) being N 00'50'44" r, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. Sllbject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of ollthorization LB 43. 7, R/W represents Right-at-Woy. 8. P.O.B. represents Point ot Beginning. 9. P.O.C. represents Point of Commencement. 70. O.R. represents Official Records. 71. L.B.E. represents Landscape Buffer Easement. 72. U.E. represents Utility Eosement. 73. F.P.L. E. represents Florida Power &: Light Easement. 74. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P. U. E. represen ts .Pllblic Utility Ease men t. '.1 'J { ,~ft/; .~/'} "\ ,,- I ('/0/1': d' L " .:,. .~, ':~ (Jl' DAVID J. H IilTT, '. ,~: (~OR;iTH!J ~rM) ~~T ~~'ID ~iT~OU~ iAB SIG~'i'{jRi AND THE ORIGINAL RAISED sEAt; OF A F'L9.RIDA LlCrNSED SURVEYOR AND MAPPEf/, I " 1 i ,I." This is NOT a Survey. WlI.Mllle, _"'='==-M ,...".... ~............"..,... .~"".... ~c...IIt* -..... 111>>_" >>_...... "'*"'.....".,.,.. ........,.,., ..,.,..".. .... .......... ~ NO! lHEI' N6015-S0U-OOl 727 or X IlIWlIIO IIIlEX NO! lC-41 MY! Apr 05, 2005 - 08:17:20 TOSBORNEIX:\SUR\collier blvc\CH2MH;11\ lC-41\Club Estol.. Dr;v.-aov;s.dwg ~ u.. -' 8!Il<.Oo 3NQJ WU~l ~ 0'" ~>-Of"- a::g:!IlV) lUZ......W :Z::J::i~ (/lOa.if. wU ...J a. ~ o ~I >-1 TRACT RW1 l- I TRACT C19 L125 10' F.P .L.E. OR BOOK 1767\;:(j ~ PAGE 1417__\ :i :i C::::::_:-- tInt:::] I I u ~ PARCEL 728 U') Ol 1 e:: u~ '-'''-.., cia:: I :J en CDN e:: I ~ -1 i 8 ~ I lD :J ...J Uo ~~- 0-"" ~~lXl -,ow <(o~ z!Il<( o . a. ;::::a:: <(. zO (fJ w -' ~ UNPLATTED 1M ...- o 2$:KI 100 GRAPHIC SCALE LINE L123 L124 L125 L126 I 200 Parcel 728 LINE TABLE LENGTH 34.00 58.66 34.00 58.66 I I. ~ -1"-.., <l:a:: z <l:- UO o BEARING N89'09'16"W NOO'50'44"E S89'09' 16" E SOO' 50' 44" W I I POC I SOO'SO'44"W 17.28' I P(/I V I (1 I I Agenda Item February Page o. 10C 7, 2007 6 of 40 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more porticulorly described os follows. Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phose One, os recorded in Plot Book 26, pages 73-80 of the Public Records of Collier County, Florida, said point also lying on the westerly right-of-way line of Collier Boulevard; thence South 00'50' 44" West along said westerly right-af-way line, a distance of 17.28 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right-of-way line, 0 distance of 58.66 feet: thence leaving said line North 89'09' 16" West, o distance of 34.00 feet; thence North O{)50'44" East. a distance of 58.66 feet., thence South 89'09' 1 6" East, a distance of 34.00 feet to the POINT OF BEGINNING. Containing 1,994 square feet, mare or less. EXHIBIT A PageM of-"L TEMPORARY DRIVEWAY RESTORATION EASEMENT 'DURATlON: 3 YEARS ' "- - ., \ NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and dec::ima/s thereof. 6. Certificate of outhorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. g. P.O.C. represents Point of Commencement. 10. OR. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. UL represents utility Eosement. 13. F.P.LL represents Florida Power & Light Eosement. 14. DE. represents Drainage Easement. 15. S.E. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. J. H TT. .S.M. (FOR THE FIRM) FLA. Lie. O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Mlller -~=-.=-- l"limln.~.~.......,..~~..,..,.,...~c-brb WItmIlIot'. re Sil:lCl,.,......If1D. ~ RwM~."'" ~4'" ..,..., ....... --""'JIa JIIlDllECT NO: IHEEl' N6015-S0U-OOl 728 01 X ~ NlEX NO: IC-41 Il!Y: Apr 05, 2006 - 08~17:20 TOSBORNElx:\SUR\collier blvd\CH2MHW\ lC-41\Club Estotes Dri...e-Doyis.dwg Parcel 729 TRACT GC6 N !KJ 100 GRAPHIC SCALE NAPLES HERITAGE GOLF & COUNTRY CLU8 PHASE ONE PLAT BOOK 26 PAGES 73-80 t,;.- o 2. I 200 EXHIBIT A Page~ of..dZ NAPLES HERITAGE QRIVE (60' R;W, C.U.E.. o.!;,) TRACT R TEMPORARY CONSTRUCTION EASEMENT DURA nON -.3 YEARS. Legal Description .. . A portion Tract R. Naples Hentage Drive, Naples Hentage Golf & Country Club, Phose One, os recorded in Plot Book 26. Pages 73-80 of the Public Records of Collier County Florida, being more particularly described os follows. Beginning at the southeasterly corner of said Tract R, said point also lying on the south right-of-way line of Naples Heritage Drive, and the beginning of 0 curve to the left. of which the radius point lies South 50'18' 19" West, 0 radial distance of 50.00 feet and hoving 0 chord bearing of North 59'49'25. West, 0 chord distonce of 34.41 feet; thence northwesterly along said south right-aI-way line and the ore, through 0 central ongle of 40'1 S'29., 0 distonce of 35.1.3 feet; thence leaving said line North 00'SO'44" East, 0 distonce of 26.6S feet; thence North 89'09'1 f:' West, 0 distance of 99.89 feet; thence North 00'50'44" East, a distance of 24.00 feet; thence South 89'08'58" East, 0 distonce of 10.00 feet; thence South 00'50'44" West, 0 distance of 8.00 feet; thence South 89'08'58" East, 0 distance of 104.89 leet; thence North 00'SO'44. East, 0 distonce of 8.00 feet; thence South 69'06'S6" Eost, 0 distance of 15.00 feet to 0 point on the eosterly line said Tract R; thence South 00'50'44" West olong said easterly line, 0 distance of 67.49 feet to the POINT OF BEGINNING. Containing .3.259 square feet or 0.0748 acres, more or less. Rev Rev Rev Revised per CH2MHILL Revised per CH2MHILL Revised per CH2MHILL Revised per CH2MHILL 01/07 12/06 , 1/06 04/06 rl ~ I U") ()) I 0:: 2~ '- ciO:: > ' ...JU") CON a::: w :J -l o U o '" U l- ~ l- NOTES: ,. This is not 0 survey. Agenda Item o. 10C Febr~ary 2 , 2007 'lage of 40 I I I I r1 -l~ I <to:: Z <to UO o I - ( 2. 8asis of bearing is the West line of County Rood 951 (C.R. 951) being 5 00'50'44" W, Florida State Plone Coordinates NAD 83/90. East Zone. .3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot. unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Record~,__- 11. L.B.E. represents Londscape"8uffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E, represents Drainage Easement. , 5. S.E. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.U.E. represents County ytility Easement DAVID J. H , FLA. LlC. . 5834' . NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA' LICENSED SURVEYOR AND MAPPER . This is NOT a Survey. Wi'-Miller -""=,"..#.=-- ,..,...............,.........".,...,.~AI'cHMII.~~ _tic:. .., My........ . ..... ........ ....."". ,.,.. ........,. Pel ....... . ....... ............. PIDIICI' IICll .... --. IIlIll IICll IllVl N6015-S0U-ODl 729 ar X lC-41 Apr 06, 2005 - 08:17:2Q TOSBORNEIX:\SUR\coWter blvd\CH2MHill\ 1C-41\Clvb Estates Qri....e-Dovis.dwQ LINE TABLE LINE LENGTH BEARING L 128 9.30 SOcr50'44"W L129 19.03 N89'09'16"W L130 19.03 S89'09'16"E L131 8.00 SOO'50'44"W L132 47.35 SOcrSO'44"W L134 57..31 NOcr50'44"E .___ I CEDAR HAMMOCK- - - T} PLAT BOOK 32 I PAGES 91 -108 {110' .B.E. --------.----- -I- ______~_______ ~ I POC 10' C.C.C.BL I:: i~ TRACT o Il() i~ NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 7.3-80 TRACT M L1.31 L1 I I r! I I ... I") PARCEL 730 {---------- 10' C.C.C.B.E. TRACT C9 I I ~I gl I If) Ol I 0:: 23:: '-- cio:: >" -ILf) CD", 0:: I L:! -I i 8 1EMPORARY~AV RESTORATION EASEMENT 'DURATION: 3 YE!'RS : 4 N 1_ - o 25 50 100 GRAPHIC SCALE I 200 Parcel 730 RW3 3:: -1'-- <to:: z <t ' (.)0 o I lJ I EXHIBIT A Page.i2i. ofJ21.. CURVE C22 C2.3 CH2MHlLL 4 06 SKETCH & DESCRIPTION OF PARCEL 730 A PORTION OF ! I r1 I CHORD BRG. N7~'24'01"W N75'04'S7"E Agenda Item February Legal Descriptian p A portian Tract M, Naples Heritage Golf & cou~~ Club, Phase One, os recorded in Plot Book 26, Pages 73-80 of the Public Records of Collier County Florida, being more particularly described os follows. O. 10C 7. 2007 8 of 40 Beginning at the northeast corner of Tract C8, Naples Heritage Golf & Country Club, Phase One, os recorded in Plat Book 26, poges 73-80 of the Public Records of Collier County, Florida; thence South 00'50'44" West along the west line of said Tract C8, a distance of 9.30 feet; thence leaving said line North 89"09'16" West, 0 distance of 19.0.3 feet; thence North 00'50'44" East, a distance of 57.31 feet; thence Sauth 89'09' 16" Eosl. 0 distance of 19.03 feet ta 0 point on the East line of said Tract M; thence alang said eost line for the following 3 courses Sauth Ocr50'44" West, 0 distonce of 8.00 feet to the point of curve of 0 non tangent curve to the lefl. of which the radius point lies North 00'45'3'" East, 0 rodiol distance of 25,00 feet and having 0 Chord beoring of North 75'04'51 East, a chord distance of 13.51 feet; thence easterly along the ore, through 0 central angle of 31'20'51", 0 distance of 13.68 feet; thence South 00'50'44" West, 0 distance af 47.35 feet to a point an the northerly line of said Tract CS and the point of curve of 0 non tangent curve to the left, of which the rodius point lies South .32'16'3.3" West, 0 radial distance of 25.00 feet and having 0 chord bearing of North 73'24'01" West, 0 chord distance of 13.51 feet; thence westerly along the arc. through 0 centrol angle of 31'20'4S", 0 distance of 13.68 feet to the POINT OF BEGINNING. Containing 1 ,642 square feet, more or less. NOTES; ,. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 8.3/90, Easl Zone. 3. Subject 10 easemenfs, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet ond decimols thereof. 6. Certificate of aufhorization LB 43. 7. R/W represents Right-or-Way. 8. P.D.8. represents Point of Beginning. 9. P.D.C. represents Point of Commencement. 10. O.R. represents Officio I Records. 1,. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.PLE. represents Florida Power & Light fasement. 74. D.E. represents Drainage Easement. 75. SE represents Sidewalk Easement. 16. P.UL represents Public Utility Easement. 17. C.C.C.B.E. represents Callier County Conservotion Buffer Easement , P. . . (FOR THE FIRM) FLA. LlC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, WiI.Mlller _~==-M ".",.,.,.~.~ ,~."""~.T"""""IbI'Iew..tn WJo_.tlc: *"...,._..IllIl......""'*-~.,... ~./'lu ...........IM-eIr---*'__ PIIDoIECf NllI IHEEI' N6015-SDU-OOl 730 ~ X _ NlIX NllI lC-41 ICY: Apr 06, Z006 - 08: 17:20 TOSBORNE!X:\SUR\colher b!vd\CH2MHil!\ 1 C-41\CJub Estoles Oriye-Oovis.dwg Parcel 7.31 I I I r1r1 J ~ ',~~ I I ~ - I i :~ jv"~ i 20' L.B.E. -l L~ en N I I I 0.:: 10' T.C.E. : I I OR BOOK 3990 --rI Ie-- ...J8~ I PAGE 2786 I I I I TRACT G-19 I I 1!~ CEDAR HAMMOCK I I I PLAT BOOK .32 I I PAGES 91-'08 I I I I PARCEL hi ______j_____2~~_0 50' U.E. OR BOOK 2706 PAGES 2677-2682 -r--- -1--- - -- - ---L . -----r---------- TRACT L-6 '. . TRACT B-' 10' L.B.E. POB 24.26' I NOO' 50' 44" E '----POC ! I I I r----------------l I I I NAPLES HERITAGE GOLF & I ! COUNTRY CLUB : I PHASE ONE I I PLAT BOOK 26 I I PAGES 73-80 I I TEMPORARY DRIVEWAY RESTORATION EASEMENT ',OUAATION:3 y~S . N .....1 I o 2!l $0 100 200 GRAPHIC SCALE LINE TABLE LENGTH 40.28 45.05 49.73 74.22 LINE L135 L136 L137 L138 BEARING N89'09" 6"W N00'50'44" E N 4'56'0 "E S00'50'44"W Revised to odd T.C.E. 04/06 Agenda Item February Page o.10C 7, 2007 9 of 40 Legal Description A portion Tract G-' 9, Cedar Hammock, os recorded in Plot Book 32, Pages 91 - , 08 of the Public Records of Collier County Florida, being more particularly described os follows. Commencing at the southeast corner of Cedar Hammock, os recorded in Plot Book 32, pages 91 - , 08 of the Public Records of Collier County, Florida, said point also lying on the westerly right-of-way line of .Collier Boulevard; thence North 00'50'44" East. along said westerly right-at-way line, 0 distance of 24.26 feet to the POINT OF BEGINNING; thence leaving said line North 89'09'16" West, 0 distance of 40.28 feet; thence North 00'50'44" East, 0 distance of 45.05 leet; thence North 54'56 '09" East, 0 distance of 49.73 teel to 0 point on the the westerly right-ai-way line Collier Boulevard; thence South 00'50'44" West along said westerly right-at-way line, 0 distance of 74.22 teet to the POINT OF BEGINNING. Containing 2,402 square leet, more or less. EXHIBIT A . .. ~&LR ~ NOTES: 1. This is not 0 survey. 2. Bosis of bearing is fhe West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted, 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning, 9. p.o.e. represents Point of Commencement. 10. OR. represents Official Records. 1,. L.B.E. repreSents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida' Power ere Light Easement. 14. DE represents Drainage Easement. 75. S.E. represents Sidewalk Easement, 16. P.U.E:. represents Public Utility Easement. 17. T.C.E. represents Temporary Construction Easement. DAVID J. H, 'ATT, : .M., (FijR~;THE:. FIRM) FLA. LIC. O. 5834 . '.' 'I',' ,,,... .. . NOT VALID WITHOUT ''THe. SICNATURE AND THE ORIGINAL RAISED' StACOF:," k'FLORIDA LICENSED SURVEYOR AND MAPPtR< :',\' . ' '~t!~. 'd .'. -f'- This is NOT a Survey. E" WI/.Mlller _~~'~N l'IMwt.f:IlIlI'lMl'I.fcd::t*ifII.~.~~.~~ _,ne. .....,..........,. ,.,...,..,........".. .........,. .......,. ...... ................ PIIlolECI' NIlI IHIIl' N6016-S0U-OOl 731 Off X ....... IIIllDC NIlI lC-41 111M Apr 06. 2006 - 08;17,20 TOS80RNElx:\SUR\collier blvd\CH2MHHI\ lC-41\Club Estotes Drive-Dovis.dwg CEDAR HAMMOCK PLAT BOOK .32 PAGES 91-108 Parcel 732 ~ TRACT L-7 TRACT 10' TRACT F-4 TRACT L-6 CURVE TABLE CURVE RADI US DELTA LENGTH TANGENT CHORD CHORD 8RG. C24 50.00' 53'07'48" 46.36' 25.00 44,72' N25'43' 11"W C32 543,62' 13'1 '5 " 125,54' 63.05 125,26' N82'26'3'''W C34 523,00' 13'2 '4'5' 122.58' 61.57 122.30' S82'32'26"[ Legal Description A portion Tract A, Cedar Hammock, OS recorded in Plot Book 32, Pages 91 -108 of the Public Records of Collier County Florida. being more particularly described os follows. Beginning at the sautheost corner of said Tract A. said point also being the intersection of the westerly right-of-way line of Collier Baulevard and the southerly right-of-way line of Cedar Hammock Boulevard and the beginning of 0 curve to the left, of which the radius point lies North 89'09'16" West, 0 radiol distance of 5D.00 feet and having a chord bearing of North 25'43' 1'" West, 0 chord distance of 44.72 feet; thence northwesterly along said southerly right-of-woy line of said Cedar Hammock Boulevard and the ore, through 0 central ongle of 53'07'48", a distance of 46.36 feet; thence leaving said line Narth 00'50'44" Eost, a distonce of 26.02 feet; thence North 89"09' 16" West, 0 distonce of .30.00 feet; thence North 00'50'44" East. 0 distance of 6.38 feet; thence North 89'09'16" West, 0 distance of 26.34 feet to the point of curve of a non tangent curve to the right, of which the radius point lies North 00'56'.33" East, 0 radial distance of 543.62 feet, and being subtended by 0 chord having 0 bearing of North 82'26'3'" west and 0 distance of 125,26 feet; thence westerly along the ore, through 0 central angle of 13'13'52", 0 distance of : 25.54 feet; thence North 14" 0'25" East, 0 distance of 20.62 feet to the point of curve of 0 non tangent curve to the left, of which the radius point lies North 14'10'25" East, 0 rodial distance of 523.00 feet, and being subtended by 0 chord hoving 0 bearing of South 82'32'26" East and 0 distance of 122.30 feet; thence easterly along the ore, through 0 central ongle of 13"25'43", 0 distance of 122.58 feet: thence South 89'09'16" Eost, 0 distance of 74.50 feet to the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West along said westerly Right-of-Way line, 0 distance of 93.00 feet to the POINT OF BEGINNING. Contoining 5, t 93 square feet or 0.'192 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A Rev ~URR~l~~~er C~HJLL YE~~~. Page21 of~ Rev 2) Revised per CH2MHILL 12/D6 Rev 1) Revised per CH2MHILL 1, /06 CH2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 732 A PORTION OF SECTION 3, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA tMK COO(: _ 1M aICEIl 1m CAD n..E: GCSOO TMO DJH lC-41 N I m ~ f- Agenda Item February 2 Page I I I (! I (1 .--... I I I I / " u") (J) I a:: 83: ........ cia:: >, ...Ju") alN 3: ...J........ <ea:: Z <e . UO o I I I. o o .-i en a:: w :J --' o ~-W'(l ~~ U . ,., 0 "'>1". W" 1I1 b~~ b U) '" I I bNaJl pos o f- Z U ~ f- I lJ ! ;; LINE L139 l140 BEARING N89'09'16"W NOO'50'44"E NOTES: 1, This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 00'50'44" W, Florida Stote Plane Coordinates NAD 83/90, Eost Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shcwn hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization lB4J:' 7. R/W represents Right-of-:Way. 8. P,O,B. represents Point of Beginning. 9. D-E. represe.nts Drainoge Eosement, 10. L.M,E. represents Lake Mointenance Easement. 11. C.U.E, represents County Utility Easement. ~t Vw'Y\fI DAVID J. HYATT.lJp. (FOR THE FIRM) FLA. Lie. NO. (/33 ", NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISro SEAL OF A FLORIDA LlCENSE:D SURVEYOR AND MAPPER This is NOT a Survey, Wi/.Miller -""='==-- ,...,...,..~.~.an.,.n.~~.T~~ _.ilc;. PlWECl' NO: N6015-S0U-OO 1 3JlI'''''"",,,, I'JO . __ I'trttt""" .".. ~ . ~ ,...,..... ...... ........GI OFX Apr 06. 2006 - 08~ 17',20 rOSBORNE1x\ SUR.\collier bIVd\CH2MHill\' C-41\Club Estates Drive-Dovis.dwg IHEET 732 _ INDEX NO: lC-41 o.10C ,2007 of 40 N I '00 III.\Il Agenda Item No. 100 February 27, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Woodcrest Drive from ImmokaIee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000 OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or perpetual or temporary easement interests necessary for the expansion and construction Woodcrest Drive, Massey Street and a loop road connection to the existing Tree Farm Road (Project No. 60171 ). CONSIDERATIONS: Roadway improvements are for the construction and expansion of Woodcrest Drive, Massey Street and a loop road to connect to the existing Tree Farm Road. An aerial map of the project is attached depicting the project corridor and the remaining right-of-way acquisition parcels. Staff anticipates receiving as donations, most of the necessary parcels of right-of-way through compliance with Developer Contribution Agreements and purchasing through negotiated settlement three parcels. This project is expected to go to construction during calendar year 2008; therefore, the right-of-way parcels must be purchased before that time, In order to satisfy time commitments, the right-of-way department must begin preliminary acquisition work. Adoption of the attached Resolution will provide staff with the Board's authorization to secure title work, obtain independent real estate appraisals, and to negotiate for the purchase of the required right-of-way. FISCAL IMP ACT: Staff estimates the total cost to acquire the necessary right-of-way may run as high as $1,200,000, However, this figure is only an estimate, In the event that condemnation can be avoided, and all of the impacted right-of-way can be purchased through negotiated settlements, at or near market value for the property required, the total right-of-way cost is estimated to be $1,000,000 and will be funded by the Transportation Supported Gas Tax Fund and the Road Impact Fee Fund, Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: The expansion of Tree Farm Road and Woodcrest Drive (Project No. 60171) is an integral part of Collier County's Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2, Authorize its Chairman to execute same on behalf of the Board; and 3, Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachment: (1) Gift and Purchase Resolution; (2) Right-of-way Acquisitions for Project 60171 Map Item Number: Item Summary: Meeting Date: Agenda Item NO.1 00 February 27, 2007 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction 01 roadway, drainage and utility Improvements required for the extensIOn of Tree Farm Road from Davila Street to Massey Street and Wooacrest Drive trom Immokalee Road to Tree Farm Road (Project No. 60171). Estimated flscallmpacl $1,200,000.00 (Norman Feder, Administrator, Transportation Services) 2/27/2007900:00 AM Date Prepared By Lorraine Lantz Transportation Services Right Of Way Coordinator TECM-ROW 216120075:10:47 PM Date Approved By Najeh Ahmad Transportation Services Oi rector Transportation Engineering & Construction Management 21121200711:09 AM Date Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Transportation Administration 2112120073:39 PM Date App roved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM-ROW 2/12120074:56 PM Date Approved By Nick Casalanguida Transportation Services Project Manager Transportation Planning 2114/2007 9:48 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2115/2007 1 :04 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2115120072:40 PM Date Approved By Pat Lehnhard Transportation Services Executive Secret.ary Transportation Services Admin 2115/20072:54 PM Date Approved By OMB Coordinator County Managers Office Administrative Assistant Office of Management & Budget 2115120073:12 PM Date Approved By Michael Smykowski County Manager's Office Management & BUdget Director Office of Management & Budget 2116/20074:43 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 21201200710:21 AM .-".......... ROW Acquisitions For Project 60171 Agenda Item NO.1 00 February 27, 2007 "Page 3 of 7 \' ~~; 1 , . \"'4~ ",_ I " ~. '\ l \ i '--......gUARTZ IN Agenda Item NO.1 00 February 27,2007 Page 4 of 7 RESOLUTION NO. 2007. A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND AND/OR EASEMENTS FOR THE CONSTRUCTION OF A 2-LANE SEGMENT OF WOODCREST DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD AND THE CONSTRUCTION OF A 2-LANE SEGMENT OF TREE FARM ROAD FROM DAVILA STREET TO MASSEY STREET. WHEREAS, roadway improvements consisting of the 2-laning of Woodcrest Drive extending south from Immokalee Road to Tree Farm Road for approximately one mile and the 2-laning of Tree Farm Road extending east from Davila Street to Massey Street for approximately one-half mile (hereinafter referred to as the "Project") are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County; and WHEREAS, the Project is a part of Collier County's official Road Network, and is a part of the long range plan for transportation infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the Project is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objecti yes of the Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collier County for the Board to acquire right-of-way and storm water retention sites in either fee simple or as special purpose easements within the project corridor identified on Exhibit "A" (attached hereto by reference made a part hereof) as best suits the needs of the project; and County Staff is hereby authorized and directed to acquire said right-of-way and stormwater retention sites by either gift or purchase, 4. The Board hereby directs the County Manager or his designee to use independent appraisal reports and/or internal compensation estimates ("in-house" appraisals) as the basis for making purchase offers to property owners. 5. The Board hereby authorizes the County Manager or his designee to approve right-of-way and stormwater retention site purchases where the property owner has agreed to sell the required land -Page 1- Agenda Item NO.1 00 February 27,2007 Page 5 of 7 rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value. 6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right-of-way and/or storm water retention sites where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. Said settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, and to others who may possess an equitable interest in the subject right-of-way parcels or storm water retention sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this _ day of second and maJority vote. . 2007, after motion, A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Clerk JAMES COLETTA, CHAIRMAN -Page 2- Approved as to fonn and Je~td:icirC>~ Heidi F. Ashton Assistant County Attorney .- Agenda Item No, 10D February 27,2007 Page 6 of 7 -Page 3- ROW Acquisitions For Project 60171 Agenda Item No. 100 February 27, 2007 ''Page 7 of 7 '\ ~); 1 , \ \ 14~' . I ..... - ..... EXHIBIT p~ of Agenda Item No. 10E February 27,2007 Page 1 of 83 EXECUTIVE SUMMARY To seek Board approval of a State Infrastructure Bank Loan Agreement in the amount of $12,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the I-75/Immokalee Road Interchange Loop Project. OBJECTIVE: The objective is to approve the State Infrastructure Bank Loan agreement to fund the I-75/Immokalee Road Interchange Loop Project as part of the I-75 six laning that is programmed to start by late spring/early summer. In addition, the Board is being asked to approve the amended lump sum agreement that was originally approved by the Board last May but has been revised to have the loan sent directly to FDOT District One instead of having FDOT send us the money and then have us forward it back to FDOT. CONSIDERATION: Over the last two years the County has been working with the Florida Department of Transportation (FDOT) to construct an eastbound to northbound loop and to construct six lanes on Immokalee Road under the 1-75 overpass. The original intent of this project was to include these improvements in the Immokalee Road designlbuild project, which is now underway, but ultimately that was not approved by the Federal Highway Administration (FHW A) who wanted the FDOT to do the project. Based on this direction from FHW A, the project is now included in the I-75 design/build construction project that is projected to begin within the next three months. The total construction cost of the Interchange improvements is now estimated to be $25 million (not including right-of-way costs) but the County previously negotiated the cost that will not exceed $16,521,450 no matter how the bid comes in (and this sum is reiterated in the amended lump sum agreement). The County's portion of the project is funded in the five year work program based on a State Infrastructure Bank Loan that has been obtained by staff for $12,000,000 at 2% interest to be paid back over five years starting in 2009. The overall cost of this project was also offset from a $4.9 million TRIP grant, $2,5 million from FHW A and the donation of a little more than four acres of right-of-way from the development at the southeast quadrant ofl-75 and Immokalee Road, The State Infrastructure Bank loan payment will be made to District One by the FDOT Central office for use on the project and the County will pay the $4,521,450 difference to an escrow account to meet the negotiated cost identified in the original and amended Locally Funded Agreement. The original Lump Sum Agreement was approved in May of 2006 and now we are following up with the State Infrastructure Bank loan to proceed with the project. The amended Lump Sum Agreement is also included so that we do not go through an extra step where we receive the $12,000,000 from Tallahassee only to turn it around and send it to District One to do the project. '-, The bids for 1-75 are due on February 23,2007 and all indications from FDOT are that they will receive a good bid and will proceed with the I-75 design/build project which includes I Agenda Item NO.1 OE February 27. 2007 Page 2 of 83 the design and construction of the I-75/Immokalee Road loop along with the six laning under the I - 7 5 overpass. FISCAL IMPACT: The County portion of this project is $16,521,450 and the funding is programmed in this fiscal year and is coming from the State Infrastructure Bank Loan, impact fees and gas taxes. GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan, RECOMMENDATION: That the Board approve the State Infrastructure Bank Loan Agreement, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute the agreements with the Florida Department of Transportation to fund and build the I-75/Immokalee Road Loop project. Prepared by: Donald L. Scott, Director, Transportation Planning Attachments: 1) SIB Agreement, 2) FDOT's Interchange Operations Study to be attached to the SIB agreement, 3) Amended Locally Funded Agreement, 4) Resolution 2 Item Number: Item Summary: Meeting Date: Agenda l1em NO.1 DE February 27, 2007 Page 3 of 83 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E To seek Board approval of a State Infrastruclure Bank Loan Agreement In the amount of 512,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter mto and execute these agreements with the Florida Department of Transportation to be used for the 1.75/lmmokalee Road Interchange Loop Project. (Norman Feder. Administrator, Transportation Services) 2/27/20079:00,00 AM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2113/200710;56 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 2/13/20073:43 PM Date Approved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 2/14/200711:11 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2114120075;16 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2115/200710:11 AM Date App roved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15120073:15 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2116/200710:10 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2120/20075:06 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20120077:52 PM Agenda Item No. 10E February 27, 2007 Page 4 of 83 1-75/IMMOKAlEE ROAD (CR 846) INTERCHANGE OPERATIONAL ANALYSIS REPORT COllIER COUNTY, FLORIDA FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT ONE APRIL 2005 Agenda Item No. 10E February 27, 2007 Page 5 of 83 TABLE OF CONTENTS 1.0 INTRODUCTION ............................................................................................................. 1 1,1 PURPOSE OF STUDy"...,.,."..,..."..,..,.....,....,.,.....,.., ............,.".,..".....,......,.... ........ .........",." ,1 1.2 PROJECT LOCATION,..",.....,..,."....,..,.,..,..,..,..".,.. ........ ......,.,.".,..."..,...,.."" ........'.... .........".1 1,3 EXISTING INTERCHANGE CONFIGURATION ................... ....,....., ................ ........,................3 2.0 ALTERNATIVE IMPROVEMENT CONCEPTS ............................................................... 5 2,1 ALTERNATIVE 1 CONFIGURATION.................,.........,....,.. .................................. ..,.'....... .......5 2.2 ALTERNATIVE 2 CONFIGURATION,........,.... '..,.,..,.,...."...... ........... ........ ....,..". ..,......"..".... ..,5 2,3 ALTERNATIVE 3 CONFIGURATION......,....."....,..,....,... ............,....,..,..."....,... ..............."",.".6 2.4 ALTERNATIVE 4 CONFIGURATION,....,..,....,.."..,......, ..................,......,.,...,.. ......... .............",.6 2,5 PROPOSED TYPICAL SECTION UNDER 1-75........................,..,..............................,........,..11 3.0 1-75 MAINLINE TRAFFIC OPERATIONS .....................................................................12 3.1 2004 MAl NLINE OPERATIONS............ .......................,..........,........,..........,.....,.................. ...12 3,2 2014 MAl N LI NE OPERATIONS...........,.......................................................,................,......... 16 3.3 2024 MAl NLI NE OPERATIONS....................................,........,.........................,...................... 17 4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND RIGHT OF WAY REQU IREMENTS.......................................................................................................... 19 5.0 RECOMMENDED ALTERNATiVE............. ................. .................. ..... ............... ..... ....... 24 6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS ............................................. 26 6.1 2004 INTERSECTION OPERATIONS ......... ..... ............,....,..... ........... .............,....,........... ......26 6,2 2014 I NTERSECTION OPERATIONS..,..,..,..,.."......"..,.,..,... ..... ........ ......... ......... ....,'...,..,." ..28 6.3 2024 INTERSECTION OPERATIONS....."..........,.,.,.. ...,.... ..... ,......., ......., ......................""".,30 7.0 SUMMARY.. ........... ............... .................. ... .................. ......... .............. ......... ........... ......32 LIST OF FIGURES FIG URE 1-1: PROJ ECT LOCA TI ON.. .. . .. , ....... . . . .. .. .., . .. .. .. .. .. .. .. .. .. , . . .. ,.. . .. , . . .. .. .. . .. .. .. .. .. .. , .. ... . .. .2 FIGURE 1-2: EXISTING INTERCHANGE...,..................,....................,........... ...............,..... .....4 FIGURE 1-3: EXISTING TYPICAL SECTION..........,....,....................,........................,..............3 FIGURE 2-1 : ALTERNATIVE 1...,.........,...........,...... ,..........,...................,................,........, ....7 FIGURE 2-2: ALTERNATIVE 2.....",.".,....",.....".,.",.,......,.......,..",."..,..".,.,..,..,......"."........8 FI GURE 2-3: ALTERNATIVE 3...........,....,..................................................,..,.., .. ... ... .. .. .. .. .. ..9 FIGURE 2-4: ALTERNATIVE 4."...., ,..,',.,....""....",..,.""..""",..,..., .."".." '..." '.,.,.",..""... ...1 0 FIGURE 2-5: PROPOSED TYPICAL SECTION""""..,.",.,.....,........,....".,....,.........,...,."...".., ,11 FIGURE 3-1: 2004 DESIGN HOUR VOLUMES.",.....,...,.........,.....,........".."..,.....""..,...,.", ....13 FIGURE 3-2: 2014 DESIGN HOUR VOLUMES...",.,......",.""..".."...,...."...,..,.,...,.....,..,."",. ..14 FIGURE 3-3: 2024 DESIGN HOUR VOLUMES,.,.......,..."""",..",...,..".".",...",......"....""..,. ..15 Agenda Item No. 10E February 27,2007 Page 6 of 83 LIST OF TABLES TABLE 3-1: YEAR 2004 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARy.........,....... .................. .........,.. .......... ..,...........,.. ..12 TABLE 3-2: YEAR 2014 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARY,. .... ".. .,.,....", ,. "". .,.. .." .,..,.". ... .",... ".., ..., ...."..." ,.17 TABLE 3-3: YEAR 2024 PEAK HOUR MERGE AREA OPERATIONS- HCS ANALYSIS SUMMARY, ........,................................,..........,........., ..,........ ..17 TABLE 4-1: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 1,. ....... ..... ." .".... ..... ",. ,.,...,. ." ."" '" ... """. ,..",....., ",.".. "" .". ,.20 TABLE 4-2: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 2.."".".,.,.,.""",.,..,.,."",.,...",."..",.,.,.,.."".",.",......""...,.,.,. ,21 TABLE 4-3: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 3."....,......."............ ..,..,......,...,.",....."".,."".....,.,....,.."""",. ,22 TABLE 4-4: PRELIMINARY CONCEPTUAL CONSTRUCTION COST ESTIMATE- ALTERNATIVE 4."...,.........".,...........,............,..,........,...,."."...... n..."..".....,. ,23 TABLE 5-1 : ALTERNATIVES EVALUATION MATRIX. ,.. ,.."" .,.... .... '" ."". ........."" ...... .."., ,....24 TABLE 6-1: 2004 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS - EXISTING GEOMETRy................,.........,.........,...,....................."..,............,.. .27 TABLE 6-2: 2014 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS COMPARiSON,..".....,.",.",....,...,.."...,....,..",."". ,.,.,..,."" ...",. ..29 TABLE 6-3: 2024 PEAK HOUR RAMP TERMINAL INTERSECTION OPERATIONS COMPARiSON,........",....,.........",....""."".,...."....",........." ......31 11 Agenda Item No, 10E February 27, 2007 SECTIOl\Rage 7 of 83 INTRODUCTION 1.0 INTRODUCTION 1.1 PURPOSE OF STUDY The Florida Department of Transportation (FDOT) District One is requesting approval of a proposed geometric improvement at the Immokalee Road interchange on Interstate 75 (1-75) in Collier County. The 1-75/lmmokalee Road interchange is currently experiencing congestion during the peak periods and this congestion is expected to increase in the future as residential and commercial development continues to occur in Collier County. Consequently, there exists a need to provide some additional capacity at this interchange to improve the current peak period traffic operations as well as future year peak hour traffic operations, The purpose of this Interchange Operational Analysis Report (IOAR) is to document the process that was used to identify the recommended geometric improvement concept for the I-75/Immokalee Road interchange, Included in this IOAR is a discussion of the existing I-75/Immokalee Road interchange configuration, an operational analysis of four alternative geometric improvement concepts, documentation of preliminary construction cost estimates and right-of-way requirements for the four alternative concepts and a recommendation regarding which of the four alternative improvement concepts should be implemented at this location, 1.2 PROJECT LOCATION The I-75/Immokalee Road interchange is located in the northern portion of Collier County. This interchange is located at milepost 60.448 and is the northemmost interchange in Collier County. The 1-75/Immokalee Road interchange is approximately 4,3 miles north of the I-75/Pine Ridge Road interchange and approximately 4,0 miles south of the I-75/Bonita Beach Road interchange in southern Lee County, Immokalee Road is an east-west arterial that extends from US 41 on the west to east of the Collier/Hendry County line on the east. The closest north/south roadway to the I-75/Immokalee Road interchange is Northbrooke Drive (located approximately 0.25 miles east of the northbound 1-75 on-/off-ramps). Figure 1-1 illustrates the location of the existing 1- 75/Immokalee Road interchange and the existing interchange spacing along 1-75. There is an existing canal located on the north side of Immokalee Road. This canal parallels the roadway until it reaches the vicinity of the southbound 1-75 off-ramp where it turns northward and extends for a distance of approximately 1,650 feet. At this point, the canal turns eastward and crosses under 1-75, After crossing 1-75, the canal turns southward and follows the alignment of the northbound 1-75 on-ramp until it approaches Immokalee Road. At this point, the canal once again follows an east-west orientation. There are existing residential and commercial developments located in the northeast and northwest quadrants of the interchange, immediately adjacent to the canal. The southeast and southwest quadrants of the interchange are currently undeveloped, however, Collier County has recently approved the proposed Tarpon Bay Plaza development. This approved development is located in the southeast quadrant of the interchange. 1 Wf'-(",) OOCO ..-O~ .N 0 o _@Z Zf'-.-.O N~""" E >-C5'G 2 CoM':::;) -::It'""Q ro'-uo -o..oUJo:: CQ)Ulf- Q)LL Z OJ ...... <( 4: . , . J , ~ I . I . , . I L :...-. ).. . I- I'.~ {tI ~.,. -""0 ., I~:~ . I . I . . .' . 'W :-~t"l ,:'~'i;,2~'\.., t,~tr '. 'w . : . = .:! ~ ... 0 ~ - ... ~ ..... 0 N - "t) i:o.. CO .... I 0 .... Q:: ~ - Q) ::l Q) 0) ~ ~ l:: ~ Cts Cts ~ .t: 0 ~ E ~ oS .s ......... I.t') r-..... ..!. " -i III l) It c: :I :I 0 .c:: o U l;,) U ... III CIJ t .! Q';I :::: _..s .oJ 0 .- " 'l:l s:: III I .B 0 It CIJ ~ I -: -: is: L ::e ::e CIJ (:) .., t: J ... ... it - - Agenda Item No. 10E February 27, 2007 SECTIO~ge 9 of 83 INTRODUCTION 1.3 EXISTING INTERCHANGE CONFIGURATION I-75 is currently a four-lane limited access freeway north and south ofImmokalee Road with a current posted speed limit ono mileslhour (mph), Immokalee Road in the vicinity of the interchange is currently a four-lane divided arterial with a posted speed limit of 45 mph. The existing 1-75/lmmokalee Road interchange configuration is a diamond interchange with single lane on-ramps and single lane off-ramps in all four quadrants. Both of the 1-75 ramp terminal intersections are signalized and there is approximately 500 feet between these two signalized intersections, Figure 1-2 illustrates the existing 1-75/lmmokalee Road interchange, The single lane northbound and southbound off-ramps widen out to provide 850-foot dual left- turn and dual right-turn lanes, Dual left-turn lanes are also provided for the eastbound Immokalee Road to northbound 1-75 movement while a single left-turn lane is provided for the westbound Immokalee Road to southbound 1-75 movement. The eastbound left-turn lanes extend back to the west a distance of approximately 1,155 feet from the southbound 1-75 ramp terminal intersection. The westbound left-turn lane extends back to the east a distance of approximately 150 feet from the northbound 1-75 ramp terminal intersection. The ImmokaleeRoadIN orth brooke Drive intersection is located approximately 1,200 feet east ofthe southbound 1-75 ramp terminal intersection and is also currently signalized. Single lane left-turn and right-turn lanes are provided on Immokalee Road in both the eastbound and westbound directions at this intersection. Figure 1-3 illustrates the existing typical section for Immokalee Road underneath 1-75. Currently, there are four 12-foot through lanes (two in each direction), two 11.5-foot left-turn lanes in the eastbound direction, one 1l,5-foot left-turn lane in the westbound direction and a six-foot raised median separating the left-turn lanes, The 1-75 bridge over Immokalee Road is a three-span bridge with a 99-foot center span and two 37.5-foot end spans, There is also a sidewalk located on the south side ofImmokalee Road immediately adjacent to the bridge pier, I' 37.5 . l 99' T 37.5 . It. IMMOKAL.EE ROAD 95,5 . 12' 12' 11.5' 11.5'1 6' 11.5' 12' 12' ~~'I~I~ Figure 1-3: Existing Typical Section Immokalee Road Under 1-75 Looking West 3 LL/t'-C'J OOCO ~O~ .N 0 o -0 Z~...- E >>Q.J Q.J....OJ .....cucu -::::lo.. cu.... -0.0 ,-Q.J (jjLL OJ <( ~ J III ~ ~ ~ () II: ~ ~ ~ ~ i: III S w Cl: :> '" iL .. .. '" ::. .. u ~ :::: .. u -.J ~ :? <t ~ 8 zt: '" O~ )- t::r ~. i z~ 3: cr::w W~N I-~;; Z>-~:;:: _t<t"'''''' ., (f)C~~ ~~ii~~ _>OCI'JOJ .J -u:-- ~ ~ ..,- Agenda Item NO.1 OE February 27, 2007 SECTIO~ag~ 11 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS 2.0 ALTERNATIVE IMPROVEMENT CONCEPTS Four alternative interchange improvement concepts were developed to alleviate the existing peak period congestion levels at the 1-75/1mmokalee Road interchange, These alternative improvement concepts are described in the following sections. It should be noted that none of the alternative improvement concepts include any geometric modifications to the southbound 1-75 off-ramp or the southbound 1-75 on-ramp. 2.1 ALTERNATIVE 1 CONFIGURATION Alternative 1 provides a single lane loop ramp with a 230-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp is 30 mph, This loop ramp joins the northbound 1-75 mainline approximately 200 feet south of the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75 mainline. The provision of this loop ramp requires the widening of this existing bridge. A 1,350 -foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop ramp vehicles to accelerate from 30 mph to 70 mph, Due to the length of this on-ramp, the westbound Immokalee Road to northbound 1-75 ramp gore is shifted 100 feet north of its current location, This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would also be widened to the outside and a lO-foot outside shoulder would be provided, The provision of this loop ramp also requires a shift of the existing northbound 1-75 off-ramp. The existing signalized intersection on the east side of the interchange is shifted approximately 300 feet further to the east and the existing northbound 1- 75 off-ramp gore is shifted approximately 100 feet further south, With the eastward relocation of the signalized intersection on the east side of the interchange, the total length that can be provided between the two ramp terminal intersections for the single westbound left-turn is approximately 700 feet. A I" = 300' scale concept drawing depicting Alternative 1 is provided in Figure 2-1. 2.2 ALTERNATIVE 2 CONFIGURATION Altemative 2 provides a single lane loop ramp with a 320-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed associated with this loop ramp is 35 mph. This loop ramp joins the northbound 1-75 mainline approximately 300 feet south of the northbound 1-75 bridge over Immokalee Road and adds an additional access point to the 1-75 mainline, The provision of this loop ramp requires the widening of this existing bridge. A 1,230- foot parallel acceleration lane and a 300-foot taper are provided with this ramp to allow the loop ramp vehicles to accelerate from 35 mph to 70 mph, Since the loop ramp in Alternative 2 joins the 1-75 mainline 100 feet further south of the location where the Alternative I loop ramp joins the 1-75 mainline and a slightly shorter acceleration lane is required with the 35 mph loop, the location of the gore for the existing northbound 1-75 on-ramp (serving the westbound Immokalee Road traffic) would remain unchanged. This would eliminate the need for any outside widening ofthe northbound 1-75 bridge over the canal. The provision of a 320-foot radius loop ramp in the southeast quadrant of the interchange will also require a shift of the existing northbound 1-75 off-ramp, The existing signalized intersection 5 Agenda Item NO.1 OE February 27,2007 SECTIOl5lag~ 12 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS on the east side of the interchange is shifted approximately 450 feet further to the east and the existing northbound 1-75 off-ramp gore is shifted approximately 630 feet further to the south, A 1" = 300' scale concept drawing depicting Alternative 2 is provided in Figure 2-2, 2.3 ALTERNATIVE 3 CONFIGURATION Alternative 3 provides a single lane loop ramp with a 320-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed of this loop ramp is 35 mph. Unlike Alternative 2, this loop ramp does not join the northbound 1-75 mainline south of the existing bridge over Immokalee Road. Instead, this loop ramp runs parallel to the northbound 1- 75 mainline and crosses over Immokalee Road on a separate structure. Approximately 400 feet north of this new bridge, a realigned westbound Immokalee Road to northbound 1-75 on-ramp merges with the loop ramp, The resulting single lane on-ramp accommodating both eastbound and westbound Immokalee Road traffic merges with the northbound 1-75 mainline similar to the existing condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its current location, This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would need to be widened to the outside and a 10-foot outside shoulder would be provided. This bridge widening is the same as the widening previously discussed with Alternative 1. The existing signalized intersection on the east side of the interchange is shifted approximately 520 feet to the east of its current location and the existing northbound 1-75 off-ramp gore is shifted approximately 680 feet to the south of its current location. This alternative does not add any additional access points to the northbound 1-75 mainline, A I" = 300' scale concept drawing depicting Alternative 3 is provided in Figure 2-3. 2.4 ALTERNATIVE 4 CONFIGURATION Alternative 4 provides a single lane loop ramp with a 230-foot radius for the eastbound Immokalee Road to northbound 1-75 movement. The design speed of this loop ramp is 30 mph, Similar to Alternative 3, this loop ramp runs parallel to the northbound 1-75 mainline and crosses over Immokalee Road on a separate structure. Approximately 400 feet north of this new structure, a realigned westbound Immokalee Road to northbound 1-75 on-ramp merges with the loop ramp. The resulting single lane on-ramp accommodating both eastbound and westbound Immokalee Road traffic merges with the northbound 1-75 mainline similar to the existing condition, however, the northbound 1-75 on-ramp gore is shifted 100 feet north of its current location. This northern shift in gore location impacts the width of the shoulder on the northbound 1-75 bridge over the canal. Consequently, this bridge would need to be widened to the outside and a I O-foot outside shoulder would be provided. The existing signalized intersection on the east side of the interchange is shifted approximately 350 feet to the east of its current location, while the existing northbound 1-75 off-ramp gore is shifted approximately 160 feet to the south of its current location, As is the case with Alternative 3, Alternative 4 does not add any additional access points to the northbound 1-75 mainline, AI" = 300' scale concept drawing depicting Alternative 4 is provided in Figure 2-4. 6 Uj1'-(,,) 0000 ~o '0 ~ ,,";J~ := >. Q) <ii"'0l _CUCU - ::l11. ~~ C(J) (J)LL Ol <( ~ :~i e ... () .. '7 ~ N .. l: ... Q. S IE I, ~n q~ ~3~ It: ... 1111, ~ ~ IE Cl lIfO~ III ~ Cl Cl ~ ~ l: Cl .. ... ~ .. ... ~ ... c: ... >- z w :;; >- w>-~ ;;:~u. a..u:.O l?O~ Z~I i=Il? ~<.9O: x5:o w w wl?lI) >~O Of-o.. :;;~O Wxo:: o::wo.. I >- ::i 0:: >- W > ~WO 0<.9"" <(0..J 05:= o::c:>::; I " -.J ~ '" <r:: 0 (.J Zt: '" O~ ~ ,. I- tr~ 3: Z~ ~ O::~ WZN f- W~ (.J<O Zr~ _t:<< :;z"e "'", __ ~O -J ~u:. ~ ~< 00. ,. ~::E 0< ~I- .. '" ~ '" ! :~l ~ t Ii ~ a ~ ~ LllI'-C'0 ~a 0000 e ... i:: ~ -. ,<",,"0,- OIl Cl g ,N 0 2: 3 " o --q- () 1I::z: ... zS:i""" ~Q,~ E ~~ .,j ~ Cl 'lID ~ 2('0('0 01 - Q -:::lo... Cl ('0'- " "'0.0 II c(l) t (l)lJ.. Cl OJ <( t '" :>0 g ~ ... <> ~ f- Z W >- as>-~ =<~cL ~~~ Z ' I i=5:<,2 ~<.:JO: Xii:Cl W LlJ w<.:J", >~O Of-o. :;:~O ii!1iSg: --1::; <:(~ Zt O~_ ~ ~~ ~ Z~ ;: 0:::'" wiN r--~~ ~ Z>-f'i:- -~<:~~ ZOO"., ~~~~ -> , .J zi:;)(;j ~. ~~:: o<(UJ<( _I-f-lo- :;; o " z ~ ,., :~i ~ N ! Q WI'-M l'l1l.Q. II! III OOCO e ... ~~= ~'- 0 i: II. Cl (') C) 'II Q Cl :.. 2 Q 'I ~ ~ E ';, Ul =n Ul,-OJ ~ II! ~ _corn -::lQ.. 'II"~ rn'- III g -0..0 . eUl Q (!)LL t OJ <( ~ ~ .. .. ~ ... ~ .. f- Z ~ >- w>-~ ;;:~u. D....{.o (!)o..:. ~":'I f-I(!) ~(!)a:: xa::o w w wl'J(J) >~o Of-a. ::;;~o wxc: C:Wa. I ---1:;: :> <C 0 () Z= Z O~ ::; >- >- t:t~ ;: ;: Z~ ;: 0:::1" WZN I-- w- UO Z;..::; :': _!:c( ~ 2",0 ~a: N ,. _>0 '" ..Jz~ '" ~ ~< e 00. . g~ x 0< ~ ->- J;(X)'Z/I-IIH) f ;r. ~ :~; ! Cl ~ ~ ~ Wt--n ~U 0000 a ... j:1..1l ..,-0,,- 'I g ~ .01 0 ;:... ... o -CD () II: t ~ zS;j..- ~I..~ E >,a.l oilS;: 'ICl- (l)'-Ol 01 Cl _coco Cl -::Jo.. ~ CO..... Cl -aD t c:a.l Q)LL O'l <1: ... .. ~ 8 &I: ~ .... ~ u f- Z W >- a5>-~ ~L:. ~~~ z~:r: >=:r:<2 ~<.9O:: Xii::Cl W UJ w<.9tfl >~o Of-Q :;;~o ~~ii: ---1~ <C: z~ o~. ~ tr~ ~ z~ ~ o::~ WZN r- ~~ ., z~~::: Z.u;o~~ ~~~~ ->-i ,-. .J Zw..Mtol ~, ~~=; o<(W< ..-f-r-l.:.. :; o u Z Agenda Item No. 10E February 27, 2007 SECTIO~ag~ 17 of 83 ALTERNATIVE IMPROVEMENT CONCEPTS 2.5 PROPOSED TYPICAL SECTION UNDER 1-75 Figure 2-5 illustrates the proposed typical section for Immokalee Road underneath 1-75, The proposed typical section provides six 12-foot through lanes (three in each direction), one 11.5- foot left-tum lane (in the westbound direction) and a four-foot raised median underneath the center span. The 2: 1 side slope underneath the end span on the south side of Immokalee Road will be removed to provide a single IS-foot travel lane that will provide access to the loop ramp as well as a six-foot paved sidewalk (with two feet of clearance on both sides), This will require the construction of a retaining wall, Two design variances were identified during the development of the interchange improvement concepts, A design variance will be required for the 15.5-foot median width since Section 2.2 of the Plans Preparation Manual (PPM) states that a minimum median width of 19.5 feet may be used on arterial reconstruction projects where existing curb locations are fixed due to severe right-of-way constraints and the design speed is 45 mph. A second design variance will be required for the shoulder widths, Due to the location of the existing piers and the desire to provide three through lanes in each direction under the center span, there is insufficient width remaining to provide 10- foot outside shoulders, 3n' 99 ' T 37.5 . ') I 15.5" ...... 10' r~. I 12 ' 12' 12' . . 11.5 . 12 . 12 ' 12 . ......... I I I I " ... ... . i~ t t t ~ I ... w I I Q en <t IMMOKALEE ROAD *A variance will be needed for the 2-foot minimum shoulder widths. **A variance will be needed for the 15.5-foot minimum median width. ***A 6-foot sidewalk is provided with a 2-foot clearance on both sides Figure 2-5: Proposed Typical Section Immokalee Road Under 1-75 Looking West 11 Agenda Item No.1 OE February 27, 2007 SECTIOlQag~ 18 of 83 1-75 MAINLINE TRAFFIC OPERATIONS 3.0 1-75 MAINLINE TRAFFIC OPERATIONS The four alternatives described in Section 2.0 were analyzed to determine the projected operating conditions on the northbound 1-75 mainline, Peak hour level of service analyses were conducted for the northbound 1-75 merge areas using the 2000 Highway Capacity Software (HCS), The HCS analyses were conducted for the years 2004, 2014 and 2024 using the peak hour volumes documented previously in the FDOT's May 3, 2001 I-75/Immokalee Road Planning Interchange Study Final Technical Memorandum, Figures 3-1, 3-2 and 3-3 provide the 2004,2014 and 2024 peak hour volumes, respectively, The following sections discuss the results of the 1-75 mainline traffic operations analyses. 3.1 2004 MAINLINE OPERATIONS Northbound 1-75 merge area analyses were conducted for 2004 for the four alternatives to provide an estimate of the levels of service that would be expected to occur if the interchange improvement was already implemented. These analyses were conducted with the two existing northbound 1-75 mainline lanes. The results of the 2004 northbound 1-75 merge area operations analysis are summarized in Table 3-1. The density in the merge area as well as the level of service associated with the estimated density is provided in Table 3-1 along with the merge area volume-to-capacity (v/c) ratio. The vlc ratio is a ratio of the volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp and the maximum desirable volume that can be accommodated in these two lanes. Table 3-1: Year 2004 Peak Hour Merge Area Operations - HCS Analysis Summary Merge Area Maximum LOS VRI2 EB Immokalee Rd. to NB 1-75 4.600 D WB Immokalee Rd. to NB 1-75 4,600 F EB Immokalee Rd. to NB 1-75 4,600 D WB Immokalee Rd. to NB 1-75 4,600 F EB & WB Immokalee Rd. to NB 1-75 4,600 F EB & WB Immokalee Rd. to NB 1-75 4.600 F Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars / hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars / hour). Ratio = (Actual VR12) / (Maximum VR12) Density = The estimated density in the merge influence area (expressed in passenger cars / mile / lane), LOS = Level of Service 12 Wt'-C") OOCO ~o j) '-"",,-r- C>-UJ 2roro -::lD... ~..a ,-UJ (j)LL OJ <{ z+ +- 888'€ €06'€ ---. COOo Oc-')-.:T ......C'\J. Lop '--9 rg9 ...... a^!JO a>tooJq4l.JON ~~l 90~~ 9 -. LP~. iti NCOl.C) I'--.:TCO ......N ...... coco O-.:T co c-')~ 9L-1 +-690'€ lPl'€ ---. "'0 ro o 0::<0' Q)"=::t Q)oo roO:: ~() 0_ E E ...... ~l t8p 889 ~ti 'i c-')...... I'-N COc-') ...... ~ <l.I == = -= ;;.. '"' = = == = .!2,11 ~ M ~ ..... ~ <:> <:> f'l - I f"l <l.I '"' = ~ r.z Wt'-(V) OOCO ,.-0,- + i~~ z ..... . -::lo... ~.D c(]) (])LL 0) .a:: 8APO 8>100JQLllJON I'-C'?I'- L.{')OON LL(~~ ...... L.{')...... ...... +- 9~ ~~l r (;9 ~ L9~ ~ iii 9 ~ ---+ NOOO L6~. C'?om N<'O....... ...... I'- L.{') ......N <.oC'? '" ~ 00<.0 e NN = o. 1'-. -= ;;;.. ;... = 0 .... .... = ,~ '" '1' ~ Cl ...... '1' +- 88L'17 +-L88'8 .... :> N N I 9L-1 ... ~ ;... = 170L'17 -+ 880'17 -+ .~ .... ......~ <.00 ~C'? ...... "'0 co o ~<O Q)~ Q)co co~ ~o 0_ E E ~l ~L9 $<[/ ~ti 1'-1'- C'? ...... ......L.{') N WI'-C') OOCO ~- o :.r.. .....N E ~Q) 2roro -::lo... ro'- -o..c c Q) Q)LL CJ') <( z+ N('I")('I") O~..- L8~l NO)N ..- ~08 8A!JO 8)jOOJQQJJON ~~l.. .89l lOlJ iti 08 ----. 817lT "-0)('1") 0)('1")0 NO) ('I") ..- ..- OSg'g 90S'9 --+ 9L-1 <08' L ~ '/ '\ ?I!J ,\, ..- "0 CO o CX:co Q)~ Q)OO cocx: ...:x: 0 0_ E E ~l.. 8/;>< 8S0'L ~ ti 'i L{) 0) 0..- CD I'-- N ..-l6S'17 888'17 --+ '" <lol := :; '0 > l.< = Q == - .~ '" V') <lol Q ..... .". N Q N ('01 , ('01 <lol l.< = I:lI ~ Agenda Item NO.1 OE February 27, 2007 SECTIOlQag~ 22 of 83 1-75 MAINLINE TRAFFIC OPERATIONS Table 3-1 indicates that the first northbound 1-75 merge area in Alternatives 1 and 2 is projected to operate at Level of Service D with average densities of 28.5 passenger cars/mile/lane (pc/mi/ln) and 29.2 pc/milln, respectively. The second 1-75 merge area is projected to operate at Level of Service F with an average density of 34,8 pc/mi/ln for both Alternatives 1 and 2, Although the estimated density is within the Level of Service D range, the volume of traffic on the 1-75 mainline in the ramp influence area exceeds the maximum desirable volume that can be accommodated by approximately 2.0%. Table 3-1 also indicates that Level of Service F operations would be expected to occur for the one northbound 1-75 merge area present with Alternatives 3 and 4, There is only a minor difference in the merge area density projected to occur with Alternative 3 and 4 compared to the merge area density projected to occur with Alternatives 1 and 2. An analysis of the existing northbound 1-75 on-ramp also indicates that Level of Service F conditions are occurring. In summary, all of the mainline vehicles traveling northbound on 1-75 as well as all of the Immokalee Road vehicles that access northbound 1-75 experience Level of Service F conditions after all ofthe on-ramp traffic has merged with the mainline regardless of the number of on-ramps provided or the design speed of the loop ramp, This result is due to the lack of adequate capacity on the existing 1-75 mainline to accommodate current peak hour traffic volumes, 3.2 2014 MAINLINE OPERATIONS The 2014 northbound 1-75 merge area operations analysis was conducted assuming three mainline lanes on 1-75, The design of the six-lane improvement on 1-75 from Golden Gate Parkway (in Collier County) to Daniels Parkway (in Lee County) is currently underway and construction is scheduled for Fiscal Year 2008/2009. The results ofthe 2014 northbound 1-75 merge area analysis are summarized in Table 3-2 Both the first and second merge areas are projected to operate at Level of Service C in 2014 with Alternatives 1 and 2. The average density in the second merge area is estimated to be 26.0 pc/mi/ln for both Alternatives 1 and 2. Level of Service C operations are also expected to occur in the single merge area associated with Alternatives 3 and 4. If a 1 ,275-foot acceleration lane is provided for this on-ramp the average density in the merge area is estimated to be 27.9 pc/mi/ln (a 7% increase compared to the average density estimated for the second merge area in Alternatives 1 and 2). 16 Agenda Item NO.1 OE February 27,2007 SECTIOPfag~ 23 of 83 1-75 MAINLINE TRAFFIC OPERATIONS Table 3-2: Year 2014 Peak Rour Merge Area Operations - RCS Analysis Summary Merge Area Maximum LOS VR12 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd, to NB 1-75 4,600 C EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 C EB & WB Immokalee Rd. to NB 1-75 4,600 C EB & WB Immokalee Rd, to NB 1-75 4,600 C Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Ratio = (Actual VR12) I (Maximum VR12) Density = The estimated density in the merge influence area (expressed in passenger cars I mile I lane). LOS = Level of Service 3.3 2024 MAINLINE OPERATIONS The 2024 northbound 1-75 merge area operations analysis was also conducted assuming three mainline lanes on 1-75, The results of the 2024 northbound 1-75 merge area analysis are summarized in Table 3-3. Table 3-3: Year 2024 Peak Rour Merge Area Operations - RCS Analysis Summary Merge Area Maximum LOS VR12 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 0 EB Immokalee Rd. to NB 1-75 4,600 C WB Immokalee Rd. to NB 1-75 4,600 0 EB & WB Immokalee Rd. to NB 1-75 4,600 0 4,600 C* EB & WB Immokalee Rd. to NB 1-75 4,600 0 C* Actual VR12 = The volume estimated to be traveling in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Maximum VR12 = The maximum desirable volume that can be accommodated in lanes 1 and 2 of the freeway downstream of the on-ramp in the ramp influence area (expressed in passenger cars I hour). Ratio = (Actual VR12) I (Maximum VRd Density = The estimated density in the merge influence area (expressed in passenger cars I mile I lane). LOS = Level of Service 17 Agenda Item NO.1 OE February 27, 2007 SECTIOp:l~~ 24 of 83 1-75 MAINLINE TRAFFIC OPERATIONS The first merge area (i.e., the eastbound Immokalee Road to northbound 1-75 loop ramp) is projected to operate at Level of Service C in 2024 with both Alternatives 1 and 2. The average densities in the merge area are estimated to be 26.5 pc/mi/ln and 27.2 pc/mi/ln for Alternatives 1 and 2, respectively. The second merge area (i.e., the westbound Immokalee Road to northbound 1-75 ramp) is projected to operate at Level of Service D with an average density of 30.5 pc/mi/ln for both Alternatives 1 and 2. Table 3-1 also indicates that the one northbound 1-75 merge area provided with Alternatives 3 and 4 is projected to operate at Level of Service D in 2024. Although the estimated value for the merge area density (33.1 pc/mi/ln) is within the Level of Service D density range, the volume of traffic estimated to be traveling in lanes 1 and 2 in the ramp influence area exceeds the maximum desirable volume that can be accommodated by approximately 2,0%. A detailed review of the HCS analysis of Alternatives 3 and 4 indicates that the volume in lanes 1 and 2 is estimated to be 2,461 pc/hr. Since the total volume on the northbound 1-75 mainline upstream ofthe on-ramp is 4,013 pc/hr, the HCS analysis indicates that only 1,552 pc/hr will be traveling in lane 3 (i.e" the lane closest to the median). The HCS analysis also indicates that the total volume in lanes 1 and 2 immediately downstream of the on-ramp is estimated to be 4,699 pc/hr or approximately 2,350 pclhr/ln. Page 23-4 of the 2000 Highway Capacity Manual indicates that the maximum service flow rates for Level of Service C and Level of Service E on a 70 mph freeway are 1,770 pc/hr/ln and 2,400 pclhr/ln, respectively, The results of the HCS analysis suggest that 2,461 vehicles on northbound 1-75 will choose to experience Level of Service F in the merge area while only 1,552 vehicles will choose to experience Level of Service C. Since the northbound 1-75 mainline upstream and downstream of the on-ramp is operating at Level of Service C and D, respectively and an additional 200 pc/hr could travel in lane 3 and still allow this lane to operate at Level of Service C, it appears that the HCS analysis has overestimated the amount of congestion in the merge area. If the volume in lane 3 is 1,752 pc/hr then the volume in lanes 1 and 2 upstream and downstream of the on-ramp would be 2,261 pc/hr and 4,499 pclhr, respectively, and the merge area density would be equal to 31.5 pc/milln. This volume distribution would result in Level of Service D operations for lanes 1 and 2 ofthe 1-75 mainline (in the merge area) and Level of Service C operations for lane 3 of the 1-75 mainline, Although the results of the HCS analysis conducted for Alternatives 3 and 4 appear to have overestimated the amount of congestion that would occur in the merge area, a second HCS analysis was conducted for these two alternatives assuming a two-lane northbound on-ramp. The two-lane northbound on-ramp analysis was conducted due to the following: . The 2030 Ultimate Improvement Concept for the I-75/Immokalee Road interchange includes a two-lane northbound 1-75 on-ramp; . The 2024 peak hour volume estimated for the northbound 1-75 on-ramp is 2,248 pc/hr. This volume exceeds the approximate capacity of a single lane ramp with a free flow speed between 40 mph and 50 mph. The results of the two-lane on-ramp analysis indicate that Level of Service C operations are projected to occur in the merge area with an average density of 24.2 pc/milln, This average density is slightly lower than the average densities estimated for the loop ramp merge with Alternatives 1 and 2. 18 Agenda Item NO.1 OE February 27,2007 SECTIO~~€! 25 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES 4.0 PRELIMINARY CONSTRUCTION COST ESTIMATES AND RIGHT OF WAY REQUIREMENTS Preliminary construction cost estimates were developed for the four alternative interchange improvement concepts, Construction quantities were first estimated for the following items: · Clearing and Grubbing (acres); · Roadway Excavation (cubic yards); · Embankment (cubic yards); · Full Depth Asphalt Pavement (square yards) · Asphalt Shoulders (square yards) · Milling (square yards) · Overlay (tons) · Bridge Demolition (square feet) · Bridge Construction (square feet) · Retaining Walls {square yards) · Barrier Walls (linear feet) · Guardrail (linear feet) · Curb and Gutter (linear feet) The construction quantities were then multiplied by current unit prices obtained from District One and added together, This subtotal was multiplied by 30% and used as an estimate for maintenance of traffic and mobilization. The maintenance of traffic and mobilization costs were added to the construction quantity cost and this subtotal was then multiplied by 1.15 to account for the cost of contingencies. Tables 4-1 through 4-4 provide summaries of the construction quantities, unit prices and construction costs estimated for Alternatives 1 through 4, respectively, The total construction cost is estimated to range between approximately $3.23 million (Alternative 1) and approximately $4.91 million (Alternative 3), Preliminary right-of-way requirements were also estimated for the four alternative interchange improvement concepts, The number of acres of right-of-way required to construct the interchange are summarized below: * Alternative 1 - 3,32 acres * Alternative 2 - 9.55 acres * Alternative 3 - 10.74 acres * Alternative 4 - 4.04 acres It should be noted that the amount of right-of-way required for drainage purposes (i.e., attenuation, treatment) was not estimated as a part of this study; however, the construction of the loop ramp in the southeast quadrant of the interchange will allow the infield area of the loop ramp to be utilized as a stormwater pond. 19 Agenda Item NO.1 OE February 27, 2007 SECTIO~atl€} 26 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-1: Preliminary Conceptual Construction Cost Estimate - Alternative 1 Construction Item Quantity Unit Price Cost Clearing and Grubbing 9.63 acres $8,500,00 $81,855 Roadway Excavation 22,419 c.y $3,00 $67,257 Embankment 40,154 C.Y $5,00 $200,770 Full Depth Asphalt Pavement 17,473 S.Y. $25,00 $436,831 Asphalt Shoulders 8,062 S.Y. $13.00 $104,803 Milling 29,263 S.Y, $4.00 $117,053 Overlay 1,609 Tons ! $65,00 $104,616 Bridge 4,980 S.F $120.00 $597,600 Bridge Demolition 1,530 S.F. $20.00 $30,600 M.S,E, Walls 11,725 S.Y. $25,00 ! $293,125 Barrier Wall 2,200 L.F. $45.00 $90,000 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 Curb and Gutter 1,200 L.F, $20.00 $24,000 Sub- Total $2,159,510 Maintenance of Traffic 15% $323,927 Mobilization 15% $323,927 ! Sub- Total $2,807,000 Contingencies 15% I $421,000 TOTAL I $3,228,000 20 Agenda Item NO.1 OE February 27,2007 SECTIOlll~1i 27 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-2: Preliminary Conceptual Construction Cost Estimate - Alternative 2 Construction Item Quantity Unit Price Cost Clearing and Grubbing 15.5 acres $8,500.00 $131,750 Roadway Excavation 23,045 c.y $3.00 $69,135 Embankment 68,734 C. Y $5,00 $343,670 Full Depth Asphalt Pavement 19,667 S.Y. $25.00 $491,675 Asphalt Shoulders 9,501 S,y. $13,00 $123,515 Milling 29,263 S,Y, $4,00 $117,053 Overlay 1,609 Tons $65.00 $104,616 Bridge 3,420 S,F $120,00 $410,400 Bridge Demolition 1,140 S,F. $20.00 $22,800 M,S.E. Walls 16,075 S,y. $25,00 $401,875 Barrier Wall 2,000 L.F, $45.00 $99,000 Guardrail (Remove & Reset) 1,100 L.F, $10,00 $11 ,000 Curb and Gutter 1,200 L.F, $20,00 $24,000 Sub- Total $2,350,489 Maintenance of Traffic 15% $352,573 Mobilization 15% $352,573 Sub- Total $3,056,000 Contingencies I 15% $458,000 TOTAL I ! $3,514,000 21 Agenda Item NO.1 OE February 27,2007 SECTIOlSlag€} 28 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-3: Preliminary Conceptual Construction Cost Estimate - Alternative 3 Construction Item Quantity U nit Price Cost I Clearing and Grubbing 27.75 acres $8,500,00 $235,875 Roadway Excavation 37,419 c.y $3.00 $112,257 Embankment 93,644 C.Y $5.00 $468,220 Full Depth Asphalt Pavement 23,890 S.Y. $25.00 $597,254 Asphalt Shoulders 12,881 S.Y. $13.00 I $167,453 Milling 26,800 S,Y. $4.00 $107,200 Overla y 1,474 Tons $65.00 $95,810 Bridge 7,260 S.F $120,00 $871,200 Bridge Demolition 390 S.F, $20.00 $7,800 M.S,E. Walls 16,075 S,Y. $25.00 $401,875 Barrier Wall 4,152 L.F, $45.00 $186,840 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 ! Curb and Gutter 1,200 L.F, $20.00 $24,000 Sub-Total $3,286,784 Maintenance of Traffic 15% $493,018 Mobilization 15% I $493,018 Sub- Total ! $4,272,820 Contingencies 15% I $640,923 I TOTAL I I $4,913,743 22 Agenda Item No, 10E February 27,2007 SECTIOlllatl~ 29 of 83 PRELIMINARY CONSTRUCTION COST ESTIMATES Table 4-4: Preliminary Conceptual Construction Cost Estimate - Alternative 4 Construction Item Quantity U nit Price Cost Clearing and Grubbing 15.35 acres $8,500.00 $130,475 Roadway Excavation 35,011 C,Y $3,00 $105,033 Embankment 77,998 C.Y $5.00 $389,990 Full Depth Asphalt Pavement 20,772 S,y. $25,00 $519,310 Asphalt Shoulders 10,882 S,Y, $13,00 $141,467 Milling 26,800 S,Y. $4,00 $107,200 Overlay I 1,474 Tons $65,00 $95,810 Bridge 7,260 S,F $120.00 $871,200 Bridge Demolition 390 S,F. $20.00 $7,800 M.S,E. Walls 12,525 S,y. $25.00 $313,125 Barrier Wall 4,052 L.F, $45.00 $182,340 Guardrail (Remove & Reset) 1,100 L.F. $10.00 $11,000 Curb and Gutter i 1,200 L.F. $20,00 $24,000 Sub- Total $2,898,750 Maintenance of Traffic 15% $434,813 Mobilization 15% ! $434,813 Sub- Total $3,768,000 Contingencies 15% I $565,000 . TOTAL : $4,333,000 23 Agenda Item NO.1 OE February 27,2007 SECTIO~ag~ 30 of 83 RECOMMENDED ALTERNATIVE 5.0 RECOMMENDED ALTERNATIVE A comparative evaluation was conducted for the four alternative interchange improvement concepts. As discussed in Section 3,0 of this report, acceptable levels of service are projected to occur on the northbound 1-75 mainline with all four of the alternative concepts. Consequently, the comparative evaluation was conducted based on the following evaluation criteria: . Number of new access points provided on the northbound 1-75 mainline; . Approximate shift in the northbound 1-75 off-ramp and on-ramp gore locations; . Estimated total construction cost; and . Estimated right-of-way required for interchange construction, The specific values for each of the evaluation criteria are summarized in Table 5-1. Table 5-1: Alternatives Evaluation Matrix No. of New Estimated Construction ROW Alternative Access Points Shift in Gore Provided 1 Locations2 Cost Requirements NB off-ramp 1 1 (100 f1. south) $3,228,000 3,32 acres NB on-ramp (100 f1. north) NB off-ramp 2 1 (630 f1. south) $3,514,000 9.55 acres NB on-ramp (No shift req' d) NB off-ramp 3 0 (680 f1. south) $4,913,743 10,74 acres NB on-ramp (100 f1. north) NB off-ramp 4 0 (160 f1. south) $4,333,000 4.04 acres NB on-ramp (100 f1. north) 1 On the northbound 1-75 mainline. No additional access points are provided on the southbound 1-75 mainline. 2 For the northbound 1-75 on-toff-ramp ramps. No shifts in gore locations are required for the southbound on-/off- ramps. As indicated in the table, one additional access point (i.e., on-ramp) would be provided on the northbound 1-75 mainline with Alternatives 1 and 2 while no additional access points would be provided on the northbound I -75 mainline with Alternatives 3 and 4. Although the HCS analysis results indicate that the implementation of an additional on-ramp is not expected to result in an unacceptable level of service on 1-75, the additional on-ramp does have the potential to increase the turbulence on the mainline (especially in the outside through lane), In addition, even though an acceleration lane of adequate length can be provided for the loop ramp vehicles to accelerate from the design speed of the loop (either 30 mph or 35 mph) to the design speed of the mainline (70 mph), the potential does exist for on-ramp vehicles to attempt to merge into the outside through lane on the 1-75 mainline at speeds significantly lower than the mainline vehicle speeds, thus, increasing the potential for accidents to occur, 24 Agenda Item No.1 OE February 27, 2007 SECTIOPla:g~ 31 of 83 RECOMMENDED ALTERNATIVE Alternatives 3 and 4 offer the potential for minimizing the turbulence experienced by 1-75 mainline vehicles and provide additional time and distance for loop ramp vehicles to accelerate prior to merging with the mainline vehicles. With Alternatives 3 and 4, the distance between the point of tangency (PT) of the loop ramp and the beginning of the physical gore on the 1-75 mainline is approximately 1,700 feet and 1,600 feet, respectively, A comparison of the construction cost estimates and right-of-way requirements associated with Alternatives 3 and 4 indicates that Alternative 4 is estimated to cost approximately $581,000 less to construct than Alternative 3 and require approximately 6.7 less acres of right-of-way, Since both the right-of-way requirements and construction costs are lower with Alternative 4 than with Alternative 3, and there are no appreciable differences between these two alternatives with respect to the future traffic operations on the 1-75 mainline, it is recommended that Alternative 4 be approved by the Federal Highway Administration (FHW A). 25 Agenda Item NO.1 OE February 27, 2007 SECTIORag~ 32 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS 6.0 1-75 RAMP TERMINAL INTERSECTION OPERATIONS Additional traffic operations analyses were conducted for the Recommended Alternative (Alternative 4) to document the impact that the proposed interchange improvements are projected to have on Immokalee Road. The traffic operations analyses were conducted for both ramp terminal intersections as well as the Immoka1ee RoadlNorthbrooke Drive intersection using the SYNCHRO and SimTraffic software, Analyses were conducted for the following years and interchange configurations: . Year 2004 - Existing Diamond Interchange Configuration with Existing Immokalee Road Laneage . Year 2014 - Existing Diamond Interchange Configuration with Immokalee Road Improvements . Year 2014 - Recommended Loop Ramp Alternative with Immokalee Road Improvements . Year 2024 ~ Existing Diamond Interchange Configuration with Immokalee Road Improvements . Year 2024 - Recommended Loop Ramp Alternative with Immokalee Road Improvements The 2014 and 2024 analyses were conducted for both the existing diamond interchange configuration as well as the recommended loop ramp alternative to document the differences in traffic operations (i.e., capacity, delay, level of service) projected to occur with the proposed improvement. The 2014 and 2024 analyses were conducted assuming that Immokalee Road would be widened to six lanes both east and west ofthe ramp terminal intersections, Final design plans have already been prepared for the portion ofImmokalee Road from Airport-Pulling Road to the southbound 1-75 on-/off-ramps while the six-laning of Immokalee Road from the northbound 1-75 on-/off- ramps to CR 951 is planned to be a design-build project and will be advertised later this year. The 2014 and 2024 analyses conducted for the recommended loop ramp alternative also include six through lanes (three lanes in each direction) between the 1-75 ramp terminal intersections (i,e" under the 1-75 bridge) as depicted previously in Figure 2-5. The 2014 and 2024 analyses conducted for the diamond interchange configuration do not include six through lanes between the ramp terminal intersections. Due to the locations of the existing bridge piers, there is insufficient space available underneath 1-75 to provide any additional through lanes on Immokalee Road. The following sections discuss the results of these traffic operations analyses, 6.1 2004 INTERSECTION OPERATIONS The 2004 peak hour SYNCHRO and SimTraffic analyses conducted for the existing diamond interchange are summarized in Table 6-1. The volume-to-capacity (v/c) ratios, average delays (expressed in terms of seconds/vehicle) and levels of service estimated with the use of the SYNCHRO software are included in Table 6-1. The SYNCHRO analysis results indicate that the west side of the interchange is operating at Level of Service C with a v/c ratio of 0.65 and an average delay of 25.8 seconds/vehicle while the east side of the interchange is operating at Level of Service B with a v/c ratio of 0.74 and an average delay of 18.4 seconds/vehicle, 26 Wf'-C") ooro .,;:......&;;:: '- o ~ zU'l . ,:0; "- _"~o E >'o):~ 2miItl<C - :::l Ql. ffi CI:l1sLlJa.. ~(l)U'lO illLL Z OJ 0 <!: ~ U LlJ U'l c:: LlJ f- = -l <C = :E c:: LlJ f- a.. :E <C c:: lJ'l I"- , - ~ J. .... Q,j S Q Q,j o CJ) = ... .... '" .~ ~ I '" ::: .:: .... C'J J. Q,j Q., o = .:: .... ~ Q,j '" J. Q,j .... ::: - -; ::: .s J. Q,j Eo-< Q., S C'J ~ J. = Q ::I:: .::c C'J Q,j c.. "T C C N - , \0 Q,j ::c C'J Eo-< V) o ()<(, a:l' a:l I a:lUJa:lO' , . a:l ...J Q) "0 ~en III E E :J V) .~ ~ ftj c: c( C.) lE III Q) ""0 I- ,- EV) .- .... 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OJ ~ c co~ N Q) :5 .9 ~ ~ C")~ 0) c CIl .r:::. tl a:l Iii E CJ) ;S "'It_ cO 0 .... Q) "0 '00 1i5 "'It Q) ..... :s: c:i Q) :5 c o "0 u~ ::J 13 .f: CO Q) U'i Co N ~ .a ~ :g~ c:i-g ::J o .c 1i5 CIl W r-- N .' , i I L{) L{) .L{)CO. 00 .... c: CI) E CI) > o :!: .c: .c: .c: .c: ..... 1'llC.) ~ ..... ~..... ~ ..... C.) ...J ..... ::li..c: ~ ~..c: 0 -'..c: ''''''''..c: I'll ...J '+- .... g 0 Q) .... g -'M. 0 - 0 .3 ~ 0:: a...J ~ 0:: ~ s~' a .3 ~ a ~ a:l a:l a:l ~ g: a:l a:l c( a:l a:lc( ~ a:l a:lc( q W UJ UJ UJ a:l :> S: S: a:l Z Z a:l CJ) CJ) a:l E; W ~ Z V) . Agenda Item NO.1 OE February 27,2007 SECTIOlllagtl 34 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS The SYNCHRO input and output data was automatically exported into the SimTraffic software and this software was used to simulate the 2004 peak hour interchange operations. SimTraffic is a stochastic model that randomly assigns vehicles to the study area roadway network prior to the beginning of the simulation time period. Consequently, it is recommended that SimTraffic be run multiple times using different initial network "loadings" and the simulation output data should be averaged to eliminate the potential for obtaining biased (skewed) results based on a single abnormal initial network loading. The 2004 peak hour simulation analysis was conducted seven times using different random seed numbers to "generate" different initial study area network vehicle loadings. The total delays (expressed in hours) and average vehicle delays (expressed in seconds/vehicle) estimated from each of the seven SimTraffic simulations were averaged and these average values are provided in Table 6-1. Since SimTraffic does not provide level of service as part of its output, the levels of service were determined based on the average vehicle delay criteria documented on page 16-2 of the 2000 Highway Capacity Manual. Table 6-1 indicates that the average overall intersection delays estimated from the SimTraffic analysis are very close to the average overall intersection delays estimated from the SYNCHRO analysis for both the west side and east side of ramp tenninal intersections, However, it should be noted that although the analysis results indicate that the ramp terminal intersections are operating at acceptable levels of service, recent peak hour field reviews conducted during peak season indicate that this interchange is experiencing larger delays than those summarized in Table 6-1. 6.2 2014 INTERSECTION OPERATIONS The 2014 peak hour SYNCHRO and SimTraffic analyses conducted for the diamond interchange configuration and the recommended loop ramp interchange are summarized in Table 6-2, The SYNCHRO analysis results indicate that the west side ramp terminal intersection is projected to operate at Level of Service D with an average overall delay of 37.8 seconds/vehicle for the diamond interchange configuration and at Level of Service C with an average overall delay of 29.5 seconds/vehicle for the recommended loop alternative. The SYNCHRO analysis results also indicate that there is a more significant difference in the projected operations at the east side ramp tenrunal. This intersection is projected to operate at Level of Service C with an overall average delay of 25.9 seconds/vehicle with the diamond interchange and at Level of Service B with an overall average delay of 12.4 seconds/vehicle with the recommended loop alternative. The SimTraffic analysis results provided in Table 6-2 indicate that even larger differences in overall average delay are projected to occur with these two interchange configurations. 28 LlJI'-C") OOCO ..,..,.0'0 n :<) E;'O) O)L..OJ _cuco -::lo... COL.. -0.0 cO) <lJlL OJ < 00 o u. <( . c ' u u u W W W ' ,. ..J = o '" .i: ~ c.. e o u CI) :s! '~co 1>.00 C)1'll "'" Il;'tii~~go::i E I'll EW ::l 00 III ~ I'll C <( U S I'll ... 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COco ~ CD ~ co CD ~ CO CD CD 0 W CD <(, ~I~ ~ Z rJ)rJ) W W z :!E 1XI 1XI 1XI 1XI W 3: z 00 '..... . r) .n r) .... N It') (,) 1XI co ..j. .... ..,. ai .... U a. E ~ 1XI 1U ~ E 0., N C C'l .... Q) E Q) > an 0 It') E c:i ::l ~ "0 Q) U 1U m a. Q) en ~ an ro oi c.J N 'iji >- .s:::. a. Q) .... E co .~ c:i C Q) E Q) > 0 E ::l :l ~ ~ "0 c: W ::l > 0 .a 0, iil ro Q) Q) .s:::. I- Agenda Item No. 10E February 27,2007 SECTIO~cfg~ 36 of 83 1-75 RAMP TERMINAL INTERSECTION OPERATIONS 6.3 2024 INTERSECTION OPERATIONS Table 6-3 summarizes the 2024 peak hour SYNCHRO and SimTraffic analyses conducted for the diamond interchange and the recommended loop ramp alternative. The SYNCHRO analysis results indicate that the diamond interchange west side ramp terminal intersection is projected to operate at Level of Service E overall with an average vehicle delay of 56,0 seconds/vehicle while the east side ramp terminal intersection is projected to operate at Level of Service D overall with an average vehicle delay of 50.5 seconds/vehicle. Although the overall Level of Service on the east side ofthe interchange is D, the following four movements are projected to operate at Level of Service E or F: . Eastbound left-turn (LOS F); . Westbound through (LOS E); . Northbound left-turn (LOS F); and . Northbound right-turn (LOS E) In contrast, the loop ramp alternative is projected to result in Level of Service D operations overall for the west side ramp terminal intersection and Level of Service B operations overall for the eastside ramp terminal intersection, The overall average vehicle delays are projected to be 51.2 seconds/vehicle and 14.1 seconds/vehicle for the west side and east side respectively. It should also be noted that the overall v/c ratios for the diamond interchange ramp terminal intersections are estimated to be equal to or greater than 1.00. This indicates that the diamond interchange is at or over capacity. Any additional increases in traffic volume wi11likely result in significant operational problems (i.e., large increases in delay, long vehicle queues) occurring at this interchange. The overall v/c ratios for the loop ramp alternative are estimated to be 0,99 (west side) and 0.68 (east side). This indicates that the loop ramp alternative offers the potential to accommodate additional increases in traffic volume above the level projected for the year 2024, The SimTraffic analysis results also indicate that four movements on the east side of the diamond interchange are projected to operate at Level of Service E or F in 2024. Only one movement on the east side of the interchange (the northbound left-turn) is projected to operate at Level of Service E or F in 2024 with the loop ramp alternative. Lastly, the loop ramp alternative is projected to result in significantly less total delay than the diamond interchange within the interchange area. The total delay estimated for the diamond interchange is 158.0 hours while the total delay estimated for the loop ramp alternative is 82.6 hours. This represents almost a 48% reduction in total hours of vehicle delay. 30 un-- ("') 0000 ..,-,..0'0 ("') }: .~ OJ m'-OJ _roro - ::lll. ro'- -o.D c(l) (l)LL OJ <t: ._- I:lS = '1$ r... 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Q) en oS en .~ c::i c Q) E Q) > o E :::l :j:5 c:("O 0::: C W 5 ~1jl ctl Q) (/) 1: I- Agenda Item NO.1 OE February 27, 2007 SECTIOlQag~ 38 of 83 SUMMARY 7.0 SUMMARY The interchange improvements provided with Alternative 4 are not expected to result in any negative impacts to the 1-75 mainline operations and will not add any new access points on the mainline. The provision of a loop ramp in the southeast quadrant of the 1-75/1mmokalee Road interchange is expected to have a significant positive impact on the traffic operations at the ramp terminal intersections, This improvement will facilitate the six-laning of 1mmokalee Road underneath 1-75 without the need for constructing a new bridge and therefore, represents an extremely cost-effective interchange improvement that should be implemented. 32 Agenda Item NO.1 OE February 27,2007 Page 39 of 83 RESOLUTION NO. 2007 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLJER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO THE STATE INFRASTRUCTURE BANK LOAN AGREEMENT AND THE AMENDED LUMP SUM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE I-75/IMMOKALEE ROAD INTERCHANGE LOOP PROJECT WHEREAS, the 1-75/lmmokalee Road interchange experiences extensive delays at its current design; and WHEREAS, the implementation of the 1-75/Immokalee Road Interchange Loop improvements will help alleviate existing and future congestion at this interchange providing for a free flow eastbound Immokalee to northbound 1-75 movement as well as six through lanes on Immokalee Road under 1-75; and WHEREAS, the Collier County Board of County Commissioners are interested in seeing the 1-75/lmmokalee Road Interchange Project move forward as part ofthe 1-75 six lane improvement project; and WHEREAS, the Board finds that it is in the public interest for the County to enter into the State Infrastructure Bank Loan agreement and the amended Lump Sum Agreement pursuant to the terms and conditions contained in those agreements; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approve the State Infrastructure Bank Loan Agreement and the Amended Locally Funded Agreement with the Florida Department of Transportation and authorizes its Chairman, James Coletta, to execute both Agreements. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA , Deputy Clerk By: James Coletta, Chairman Approved as to form and legal sufficiency: Scott Teach Assistant County Attorney Agenda Item NO.1 OE February 27, 2007 FM # 42065~~4Jlof 83 COLLIER COUNTY FIRST AMENDMENT TO LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT When signed by COLLIER COUNTY (hereinafter, "COlJNTY") and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the places provided below, the following shall constitute the I st AMENDMENT to the LOCALLY FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR I-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for FM # 420655 1 52 (hereinafter, "AGREEMENT"). A. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereo f, the latter shall prevail. C. The following WHEREAS clauses are added after the 2nd WHEAREAS clause in the original AGREEMENT: a. WHEREAS, this Agreement is sanctioned pursuant to Florida Statutes 334.044 and 339,12(2005), and the COUNTY has authority to enter into this Agreement and fund the COUNTY'S portion of the PROJECT costs, as agreed herein, which shall be incurred by the DEPARTMENT; b, WHEREAS, in order for the COUNTY to contribute to the construction costs funding portion the DEPARTMENT and the COUNTY have entered into a STATE INFRASTRUCTURE BANK LOAN AGREEMENT (hereinafter, "SIB LOAN"); and c. WHEREAS, the COUNTY wishes to assign to the DEPARTMENT all invoicing and payment rights under the SIB LOAN for construction performed by the DEPARTMENT as it relates solely to the DEP AR TMENT'S partial recovery of construction costs funding portion of the PROJECT; and d. WHEREAS, a Lump Sum Locally Funded Agreement is needed and required to define the specific contributions to be made by each party, and to clarify that regardless of the ultimate cost of the PROJECT and regardless of the ultimate cost of the I-75 @ Immokalee Overpass Interchange of the PROJECT, the COUNTY's contribution hereunder is limited to (a) the sum of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450,00); and D. Paragraph a in section 1 of the original AGREEMENT is deleted in its entirety and replaced Agenda Item No. 10E February 27, 2007 FM # 420655atl~zmlof 83 1st AMENDMENT TO LFA w/COLLIER COUNTY Page 2 of3 with the following: a. The COUNTY agrees to a non-refundable lump sum payment to the Department in the amount of SIXTEEN MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($16,521,450.00) as full payment for the cost of the I-75 @ Immokalee Overpass Interchange Improvement project FM No, (420655 I 5201) to be paid to the DEPARTMENT. Payment of the lump sum shall consist of two parts: a TWELVE MILLION DOLLARS ($12,000,000,.00) loan reassignment as detailed below and an escrow account deposit payment of FOUR MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450,00) as detailed in paragraphs b and c below: (1) Upon execution of the State Infrastructure Bank Loan (hereinafter, "SIB LOAN") for TWELVE MILLION DOLLARS ($12,000,000,.00) between the COUNTY and the DEPARTMENT, the COUNTY shall assign all of its rights to the proceeds of the SIB LOAN and assigns and transfers to the DEPARTMENT the right to receive all disbursements of the SIB LOAN in accordance with the terms of the SIB LOAN Agreement The COUNTY shall submit whatever forms and documents are reasonably required by the DEPARTMENT in order to effect the release of said proceeds of the SIB LOAN. The DEPARTMENT shall provide a copy of all such forms and documents to the COUNTY. The SIB LOAN agreement is hereby incorporated into this agreement upon execution of the SIB LOAN (2) The COUNTY shall assign to the DEPARTMENT all invoicing and payment rights under the SIB LOAN for construction performed by the DEPARTMENT as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding portion of the PROJECT. E, Paragraph b in section 1 of the original AGREEMENT is deleted in its entirety and replaced with the following: b. The remaining sum of FOUR MILLION FIVE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($4,521,450.00) shall be deposited by the COUNTY into an interest bearing escrow account (hereinafter, "ESCROW ACCOUNT") in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement (hereinafter, "MOA") executed by the DEPARTMENT, the COUNTY and the Department of Financial Services, The MOA is incorporated into and made part of this Agreement. F. Paragraph c in section I of the original AGREEMENT is deleted in its entirety and replaced with the following: c. Interest from the ESCROW ACCOUNT shall be left in the account to cover future funding needs for completion of the PROJECT, ACKNOWLEDGED AND AGREED TO: Agenda Item NO.1 OE February 27,2007 FM # 420655atJe2m.of 83 1st AMENDMENT TO LFA w/COLLIER COUNTY Page 3 of3 COLLIERCOUNTY, FLORIDA ATTEST CLERK (Seal) Date TITLE Print Name Date Collier County Attorney Legal Review: By: Date ATTEST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (Seal) Print Name Date Availability of Funds Approval: By Date By: DISTRlCT SECRETARY OR DESIGNEE DISTRICT ONE Print Name Date Fla. Dept. of Trans. Legal Review: By: Date Agenda Item No, 10E February 27,2007 Page 43 of 83 EL T Comments 01/29/2007 STATE OF FLORIDA DEP ARTMENT OF TRANSPORT A TION AND COLLIER COUNTY, FLORIDA STATE-FUNDED ST ATE INFRASTRUCTURE BANK LOAN AGREEMENT Catalog of State Financial Assistance (CSFA): 55.020 Contract Number: Financial Project Number: 420655-2-58-01 State of Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 Agenda Item No. 10E February 27, 2007 Page 44 of 83 Agenda Item NO.1 OE February 27,2007 Page 45 of 83 STATE INFRASTRUCTURE BANK LOAN AGREEMENT CONTENTS PAGE ARTICLE I - DEFINITIONS...,.....,.... ,..." ..,..,...,..... ,.....",.. '...,...., ......,.. .,...'., ..... ,......",. ..,....",..., ......,.,., 2 1.01, WORDS AND TERMS, ........,..,..,.' ..........',..".., ...., ..........,.',. ,...,.....,. ......,.. '.... ,. ,....... ......,...,2 1.02, CORRELATIVE WORDS....", ......",.........,.,'........ ,.......,.., ,. ....... ,........"..... .........".,....,...,....3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS ..............,...............,.......... 4 2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS. ..,...........,........,.4 2.02. TAX WARRANTIES, REPRESENTATIONS AND COVENANTS. ................................... 5 2.03. LEGAL AUTHORlZA TION. ........,..,.....",.. ..,..,..............."........,......,..""............,.""........" 9 2.04. AUDIT AND MONITORING REQUIREMENTS.....................................................,........ 10 ARTICLE III - LOAN REPAYMENT ACCOUNTS ............................................................................. 12 3.01. LOAN REPAYMENT ACOUNT..... ........ .......... ...., ..... ....... ........................... .................... 12 ARTICLE IV - THE PROJECT........... ...,..... ,.,.,..,......,. ......... ..... .........,........", ,....... ....,...... ..,................ 12 4.01. PROJECT CHANGES."...,..,., ...."...................".. ..,. ...........,.......,.........".." ..............,.. ....... 12 4.02. PERMITS AND APPROVALS, .... ........... .......... .................. ........................... ......... .......... 12 4.03. PROJECT SCHEDULE AND INDEBTEDNESS. ............................................................., 13 4.04, OFFICIAL INTENT..,.,. ..".. ,.. .....", .., ,.......".,.." ,...., ...., ,. ...".. ..,..".... ...,. ,..., '.."" ..., '. ..,,'...,.. 13 ARTICLE V - RATE COVENANTS AND USE OF TRANSPORTATION SYSTEM ......................... 13 5.01. COVENANT NOT TO IMPAIR LIEN, ...., .............. ........................,.. ................................ 13 5.02. NO FREE SERVICE. .................... ........... .......... .......... ................... ............ .................... '.. 13 5.03. COLLECTION OF PLEDGED REVENUES.....................................,..............................., 13 ARTICLE VI - DEFAULTS AND REMEDIES.......... ........ ,.. ........................................................ ....... 13 6.01. EVENTS OF DEFAULT. ............... ......... ............ ......... ......... ,........,.................,................, 13 6.02, REMEDIES..",.............,..............,...........,.,..,........, ,................,....,...,..,....,....,..,..,..". ......... 14 6.03. REMEDIES NOT EXCLUSIVE; DELAY AND WAIVER. ...............................................15 ARTICLE VII - THE PLEDGED REVENUES.......... ............ ..... ........... .................. .......... ........ ........... 15 7,01. SUPERlORITY OF THE PLEDGE TO THE DEPARTMENT, ................,........,...............,15 7,02, ADDITIONAL DEBT OBLIGATIONS................... .................................................... .....,. 16 ARTICLE VIII - GENERAL PROVISIONS.... ........... ....... ............. ....... ............................ ........ ........ ,.. 16 8,01. DISCHARGE OF OBLIGATIONS..."...........,.. ...........'......... ...,......". ......... ...........,......,.... 16 8 ,02. RESERVED. ......,..".., ....,........,...",.." ......,....,...,..,..........."...........,.,....." '........... ............... 16 8.03, ASSIGNMENT OF RIGHTS UNDER AGREEMENT, ................,.....................................16 8.04, AMENDMENT OF AGREEMENT................................................................. ................... 17 8.05, ANNULMENT OF AGREEMENT, ...."................,.,........,......,.,.."..,.,.........,.........,.........., 17 Agenda Item NO.1 OE February 27, 2007 Page 46 of 83 8.06. SUSPENSION AND TERMINATION, ...,..,..................,................,..............................,....17 8,07, SEVERABILITY CLAUSE,.. .,.. .,...."........ ...., .",. ..".,....... .,..",......",....",..,..,. .........,.......... 17 8,08 . APPROPRIATION,..".... ......,.......................".......,..............."....."....,......",.......,.... .......... 18 ARTICLE IX - INSURANCE,....."..,.....""",...............,.".........,..,.....,.....".....".............,......"",....,.".., 18 ARTICLE X - DETAILS OF FINANCING .... ..,................................................................................... 18 10,01. PRINCIPAL AMOUNT OF LOAN. ................................................................................... 18 10.02. FINANCING RATE, ..............,.............. ,.............................. ................... ....... ......... ....,...... 19 10.03. LOAN DISBURSEMENTS .......... ............ ,.. ..... .... ......... .... .................................., .............. 19 10,04, LOAN PAyMENTS............................ ..................................... ............. ......... .................... 20 ARTICLE XI - MISCELLANEOUS............... ........................................ ............ ...... ...................... ...... 20 11.01. THIRD PARTY AGREEMENTS ............., ........ .......... ......... ,........ .......... ........................... 20 11.02. COMPLIANCE WITH CONSULTANT'S COMPETITIVE NEGOTIATON ACT............. 20 11.03. DISADV ANT AGED BUSINESS ENTERPRISE (DB E) POLICY AND OBLIGATION.... 20 11,04. DISCRIMINATORY VENDOR..... ....... ................ ........... ....... ....... ............ ........................ 21 11.05, EQUAL EMPLOYMENT OPPORTUNITY. ,............................................,......,................. 21 11.06. PROHIBITED INTERESTS. ...... ......,.... ....,............................... ....... ,....... ......... ............ ..... 21 11,07. ENVIRONMENTAL POLLUTION. ...................... ....... ,.. ......... ,...., ............ .................. .....22 11.08. NO OBLIGATION THIRD PARTIES............ ........... ................... ............. .........................22 11.09. WHEN RIGHTS AND REMEDIES NOT WAIVED .......................................................... 22 11.10, BONUS OR COMMISSION......,........ ....................................................................,.......... 22 ILl 1. USE AND MAINTENANCE OF PROJECT............................................,.......................... 22 11,12, INDEMNITY. ............................................... ,................ ......................,.... ............. ............ 23 11.13, PLANS AND SPECIFICATIONS ...................................................................................... 23 11.14, PROJECT COMPLETION, AGENCY CERTIFICATION ..................,.......................,...... 23 11.15, THIRD PARTY BENEFICIARy...... ..... .....,.......... ..... ..,........ ........................... ....... ,......... 23 11,16, ENTIRE AGREEMENT.... .................. ,........... ....... ...,.. ....... ..... ....... ....... ...... ....... ..............,23 11.17. NOTICES.... .........................,.............. ,.................. ...,.................................... .................... 24 ARTICLE XII - EXECUTION OF AGREEMENT. .........................................,.................................... 25 EXHIBITS 11 Agenda Item No, 10E February 27, 2007 Page 47 of 83 STATE-FUNDED STA TE INFRASTRUCTURE BANK LOAN AGREEMENT THIS AGREEMENT is dated as of and is by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (the "Department") and COLLIER COUNTY, FLORIDA (the "Agency"), existing as a political subdivision under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to Section 339.55, Florida Statutes (the "State Act"), the Department is authorized to make loans to governmental units and private entities to finance or refinance the construction, reconstruction, and improvement of transportation facilities that are on the State Highway System or that provide for increased mobility on the State's transportation system or provide intermodal connectivity with airports, seaports, rail facilities, and other transportation terminals; and WHEREAS, in accordance with the provisions of the State Act, the Department has responsibility for the performance of various activities in connection with such loans; and WHEREAS, the Agency has made application for the fmancing of the Project (as hereinafter defmed), through a loan made under and pursuant to the State Act, and the Department has determined that the Project meets all requirements for a loan and has agreed to make a loan to the Agency for the fmancing of the Project as set forth in this Agreement (the "Loan"); and WHEREAS, in accordance with the provisions of Sections 215.57 - 215.83 (the "State Bond Act") and that certain Resolution of the Division of Bond Finance of the State Board of Administration of Florida (the "Division"), dated March 30, 2004, as supplemented and amended from time to time (the "Resolution"), the Division is authorized to issue bonds (the "Bonds") on behalf of the Department to fund loans pursuant to the State Act and to refund Bonds; and WHEREAS, the Loan and all payments of principal and interest thereon, including prepayments, and all proceeds thereof, have been or are intended to be pledged and assigned under the Resolution as security for the payment of principal of, premium, if any, and interest on the Bonds; NOW, THEREFORE, in consideration of the Department making the loan to the Agency, in the principal amount and pursuant to the covenants hereinafter set forth, and intending to be legally bound by this Agreement, the Department and the Agency agree as follows: Agenda Item NO.1 OE February 27, 2007 Page 48 of 83 ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. In addition to the words and terms elsewhere defined in this Agreement, the following words and terms shall have the meanings set forth below, Any terms used in this Agreement not defmed below or elsewhere herein shall have the definition given such term in the Agency's Composite Gas Tax Revenue Bond Resolution No 2003-89, as amended, adopted February 25, 2003, (1) "Agreement" or "Loan Agreement" shall mean this loan agreement and all exhibits and schedules attached hereto. (2) "Agreement Date" means the date first written above, (3) "Applicable Tax-Exempt Bonds" shall mean Tax-Exempt Bonds, the proceeds of which are allocated to the Loan. (4) "Authorized Representative" shall mean the official or officials of the Agency authorized by ordinance or resolution to sign documents associated with the Loan. (5) "Bond Counsel Opinion" means an opinion signed by an attorney or firm of attorneys, selected by the Division of Bond Finance, the Department or the designee of either, of recognized standing and experience in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds, (6) "Capitalized Interest" shall mean a finance charge that accrues on Loan proceeds from the time of disbursement. Capitalized Interest is financed as part of the Loan principal. (7) "Code" shall mean the Internal Revenue Code of 1986, the Treasury Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. (8) "Constitutional Gas Tax" means the two-cent fuel tax imposed pursuant to Article XII, Section 9(c), Florida Constitution, and Sections 206.41 and 206.47, Florida Statutes, (9) "Defeasance Obligations" means, to the extent permitted by law, direct non- callable obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States and including advance refunded tax-exempt bonds fully secured by non-callable direct obligations of the United States of America, non-callable obligations guaranteed by the United States of America, or "stripped" interest payment obligations of debt obligations of the Resolution Funding Corporation. (10) "Financing Rate" shall mean the charges, expressed as a percent per annum, imposed on the unpaid principal of the Loan as set forth herein, 2 Agenda Item NO.1 OE February 27, 2007 Page 49 of 83 (11) "Five Cents Local Option Gas Tax" means the fIrst 5-cents of the local option gas tax levied and received by the Agency pursuant to Section 336.025(1)(b), Florida Statutes, plus, to the extent provided by a supplement to this Loan Agreement, any additional local option gas tax received by the Agency pursuant to Section 336.025(1)(b), Florida Statutes, and pledged by the Agency pursuant to such supplement. (12) "Gas Tax Ordinances" means the ordinances enacted from time to time by the Agency which impose the gas taxes included in the definition of Pledged Revenues, including but not limited to, Ordinance No. 80-50 of the Agency, enacted on June 3, 1980; Ordinance No. 80-51 of the Agency, enacted on June 3, 1980; Ordinance No, 99-40 of the Agency, enacted on May 25, 1999; Ordinance No. 93-48 of the Agency, enacted on August 3-1993, as amended by Ordinance No, 2001-26 of the Agency, enacted on May 8, 2001; each as amended and supplemented from time to time. (13) "Gas Tax Revenues" means the moneys received by the Agency from the proceeds of the following non ad-valorem taxes: the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax, the Six Cents Local Option Gas Tax, the Constitutional Gas Tax and any other gas tax imposed and/or received by the Agency which is specifically pledged hereunder by the Agency pursuant to a supplement to this Loan Agreement. (14) "Impact Fees" means all the Agency's impact fees imposed pursuant to the Agency's Impact Fee Ordinance at Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida at the rates imposed by Schedule One relating to Road Impact Fee Rates. (15) "Loan" shall mean the loan made to the Agency pursuant to this Agreement and the State Act in the initial principal amount of $12,000,000. (16) "Loan Application" shall mean the completed form which provides all information required to support obtaining the Loan, (17) "Loan Payment" shall mean the periodic loan payment due from the Agency. (18) "Ninth Cent Gas Tax" means the tax of one-cent per gallon on motor fuel and special fuel imposed by the Agency pursuant to Section 336,021, Florida Statutes, approved at a countywide referendum on March 11, 1980, and taxed and collected under Chapter 206, Florida Statutes as provided by the Gas Tax Ordinances. (19) "Parity Obligations" mean the Collier County, Florida Gas Tax Revenue Bonds, Series 2003; the Collier County, Florida Gas Tax Revenue Bonds, Series 2005 and any Additional Bonds (as defined in the Revenue Bond Resolution) issued on a parity therewith pursuant to the terms of the Revenue Bond Resolution and Article VII herein. (20) "Pledged Revenues" shall mean (A) the Gas Tax Revenues and (B) the Impact Fees. (21) "Project" shall mean the state capital outlay project financed by this Loan, consisting of all labor, materials, and equipment to construct the eastbound Immokalee to I-75 northbound loop and four to six lane widening on Immokalee Road within the limited access 3 Agenda Item NO.1 OE February 27, 2007 Page 50 of 83 right of way under the 1-75 overpass known as the Immokalee/I-75 Loop project and as more fully described in the Loan Application, in accordance with applicable law and the summary specifications included in Exhibit D, for the following contracts: Immokalee/I-75 Loop project.The Project is in agreement with the planning documentation accepted by the Department effective March 2006 and the documentation is attached in Exhibit D, (22) "Revenue Bond Resolution" means the Agency's Composite Gas Tax revenue Bond Resolution No 2003-89, as amended, adopted February 25,2003, (23) "Senior Revnue Obligations" means the the following debt obligations: (a) $96,255,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2005; (b) $ Collier County, Florida Gas Tax Revenue Bonds, Series _; (c) Additional obligations issued pursuant to Section 7,02 herein with a lien on the Gas Tax Revenues that is senior to the lien of this Loan Agreement on the Gas Tax Revenues; and (d) Any refunding obligations issued to refund the obligations identified above, provided that for each fiscal year during the remaining repayment period of this Loan, the debt service payments on such refunding obligations shall not exceed the debt service payments that would have been due on the refunded obligations but for the refunding. (24) "Seventh Cent Gas Tax" means the tax of one cent per gallon on motor fuel levied by Section 206.60, Florida Statutes, and special fuel levied by Section 206,87, Florida Statutes, and allocated to Agency pursuant to the provisions of subsection (1 )(b) of said Section 206.60 and subsection (2) of Section 206.875, Florida Statutes, (25) "Six Cents Local Option Gas Tax" means the first 6-cents of the local option gas tax levied and received by the Agency pursuant to Section 336,025(1)(a), Florida Statutes, plus, to the extent provided by a supplement to this Loan Agreement, any additional local option gas tax received by the Agency pursuant to Section 336.025(1 )(a), Florida Statutes, and pledged by the Agency pursuant to such supplement. (26) "State" means the State of Florida. (27) "State fiscal Year" shall mean the period commencing on July I of each year and ending on June 30 of the succeeding year. (28) "State Infrastructure Bank" or "SIB" means the State-funded State Infrastructure Bank created pursuant to Section 339,55, Florida Statutes. (29) "Tax-Exempt Bonds" means Bonds the interest on which is intended on their date of issuance to be excludable from gross income of the holders thereof for federal income tax purposes, 4 Agenda Item No. 10E February 27,2007 Page 51 of 83 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include departments and associations, including public bodies, as well as natural persons. Capitalized, undefined words herein shall have the same meaning given to them in the Revenue Bond Resolution. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS. The Agency warrants, represents and covenants that: (1) The Agency has full power and authority to enter into this Agreement and to comply with the provisions hereof and shall initiate and prosecute to completion all proceedings necessary to enable the Agency to provide the necessary funds for repayment of the Loan. (2) The Agency currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Agency's knowledge, threatened, which seeks to restrain or enjoin the Agency from entering into or complying with this Agreement, or which enjoins or seeks to enjoin the assessment, collection or transfer of the Pledged Revenues. (4) All permits, real property interests, and approvals required as of the date of this Agreement have been obtained for construction and use of the Project. The Agency knows of no reason why any future required permits or approvals are not obtainable, (5) The Agency shall undertake the Project on its own responsibility, to the extent permitted by law. (6) To the extent permitted by law, the Agency shall release and hold harmless the State, its agencies, the Department, and each of their respective officers, members, and employees from any claim arising in connection with the Agency's actions or omissions in the Agency's planning, engineering, administrative, and construction activities financed by the Loan or its operation of the Project. (7) All Agency representations to the Department, pursuant to the Loan Application and this Agreement, were and are true and accurate as of the date the Loan Application and this Agreement were each executed by the Agency, The financial information delivered by the Agency to the Department was current and correct as of its date. Since the date of such financial information, there has not been any material adverse change in the [mancial condition or revenues and expenditures of the Agency, or in the collection of the Pledged Revenues. The 5 Agenda Item NO.1 OE February 27, 2007 Page 52 of 83 Agency shall comply with all applicable State and Federal laws, rules, and regulations. To the extent that any assurance, representation, or covenant requires a future action, the Agency shall take such action as is necessary for compliance, (8) The Agency shall adhere to accepted governmental accounting principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Agency shall keep accounts of the Project separate from all other accounts and it shall keep accurate records of all expenditures relating to the Project, the Pledged Revenues and Loan disbursement receipts. (9) Pursuant to Section 216.347 of the Florida Statutes, the Agency shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (10) The Agency agrees to construct and/or acquire the Project or cause the Project to be constructed and/or acquired materially in accordance with the plans, specifications and time schedules set forth or referenced in the Loan Application. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Agency are excepted. If for any reason construction or acquisition is not completed as scheduled, there shall be no resulting diminution or delay in the Loan Payment unless consented to by the Department in writing. (11) The Agency covenants that this Agreement is entered into for the purpose of constructing, acquiring, refunding, or refinancing the Project which will in all events serve a public purpose, The Agency covenants that it will, under all conditions, complete and operate the Project to fulfill the public need. (12) The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may request in order to ascertain the performance by the Agency of its obligations under this Agreement. The Department shall have the right to conduct on-site monitoring visits and audits, and the Agency shall cooperate and assist the Department in the reasonable inspection and audit of books, records, accounts, data and other information related to the Project, and in copying and removing the same for such purposes at all reasonable times. The Agency shall provide additional information as deemed appropriate by the Department. (13) At such time as may be requested by the Department or the Division, the Agency shall execute a Disclosure Agreement, the form of which is attached hereto as Exhibit E, and shall furnish and certify to such information and execute and deliver and cause to be executed and delivered such documents, certificates and opinions as the Department or the Division may reasonably require in connection with the Bonds, including, without limitation, a tax certificate in the form attached hereto as Exhibit F, Form 8038 and any continuing disclosure undertaking necessary for the Department or the Division to satisfy the requirements of Securities and Exchange Commission Rule 15c2-12, (14) The Project is in agreement with the planning documentation accepted by the Department effective April 2006 when the right-of-way for the loop project was conveyed to 6 Agenda Item No. 10E February 27, 2007 Page 53 of 83 FDOT District One, The conceptual design for the project is included in Appendix D and the project will be designed and constructed as part of the 1-75 designlbuild project. (15) The Agency shall not amend or supplement the Revenue Bond Resolution in any manner that materially adversely affects the interest of the Department. (16) The Agency has the power and authority to pledge the Pledge Revenues to secure the Agency's obligations under this Agreement. The pledge of the Pledge Revenues contained herein is valid, binding and enforceable, and except for the lien of the Senior Revenue Obligations on the Gas Tax Revenues, there is no other lien on any portion of the Pledged Revenues having a priority or parity status with the lien on the Pledged Revenues granted the Department hereunder. (17) The Project has been and will continue to be included in the Agency's five-year CIE, and is a Project for which the use of the pledged Impact Fees either directly or to pay debt service on related borrowings, is permitted under Chapter 74 of the Agency's Code of Ordinances. 2.02. TAX WARRANTIES, REPRESENTATIONS AND COVENANTS. The Agency acknowledges that the Department may issue Applicable Tax Exempt Bonds and that the maintenance of the tax-exempt status of such Applicable Tax-Exempt Bonds will depend, in part, on the Agency's compliance with the provisions of this Agreement. Accordingly, the Agency warrants, represents and covenants that: (1) Notwithstanding any other provisions of this Agreement, including specifically Section 2.02(8), if the Agency shall be notified by the Department or the Division as of any date that any payment is required to be made to the United States Treasury in respect of Applicable Tax-Exempt Bonds, and such payment is due to the failure of the Agency to comply with this Agreement, the Agency shall pay to the Department or the State Board of Administration, as the case may be, (for deposit to the appropriate Account or Subaccount established by the Resolution) the amount specified in the notice by the Department or the Division. (2) The Agency is a "governmental person" (as defined in Treasury Regulations S1.14l-l(b)) (a "Governmental Unit") and it is legally authorized to expend its revenues for purposes of the Project. (3) The Agency will not take any action or omit to take any action, which action or omission will adversely affect the exclusion from gross income of the interest on the Applicable Tax-Exempt Bonds for federal income tax purposes or cause the interest on the Applicable Tax- Exempt Bonds, or any portion thereof, to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Code, and in the event of such action or omission, promptly upon having such brought to its attention, it will take such reasonable actions based upon a Bond Counsel Opinion, obtained at the expense of the Agency, as may rescind or otherwise negate such action or omission. The Agency will not, directly or indirectly, use or permit the use of any proceeds of the Applicable Tax-Exempt Bonds or any other funds of the Agency, or take or omit to take any action, that would cause the Applicable Tax-Exempt Bonds to be or become "arbitrage bonds" within the meaning of Section 7 Agenda Item NO.1 OE February 27,2007 Page 54 of 83 148(a) of the Code or to fail to meet any other applicable requirement of Sections 141, 148, 149 and 150 of the Code or (except for Applicable Tax-Exempt Bonds which constitute Tax-Exempt AMT Bonds, as defined in the Resolution) cause the interest on the Applicable Tax-Exempt Bonds, or any portion thereof, to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Code. To that end, the Agency will comply with all requirements of Sections 141, 148, 149 and 150 of the Code to the extent such provisions apply to the Applicable Tax-Exempt Bonds. In the event that at any time the Department or the Division is of the opinion that it is necessary to restrict or limit the yield on the investment of any moneys held by the Agency relating to the Applicable Tax-Exempt Bonds, the Department or the Division shall so instruct the Agency in writing and the Agency shall so restrict the yield. (4) The Agency (or any "related party", as defined in Treasury Regulations S 1.150- l(b)) is prohibited from purchasing and shall not purchase any Applicable Tax-Exempt Bonds other than purchases in the open market for the purpose of tendering them to the Division for purchase and retirement. (5) The Agency will take no action, nor will it permit or suffer any action or event, which will cause any of the Applicable Tax-Exempt Bonds to be or become a "private activity bond" within the meaning of the Code. To that end, the Agency will not permit more than 5% of the Project or portion thereof financed with Tax-Exempt Bonds, including Applicable Tax- Exempt Bonds, to be used for a Private Business Use. The term "Private Business Use" means use directly or indirectly in a trade or business or any other activity carried on by any Private Person other than use as a member of, and on the same basis as, the general public. The term "Private Person" means any person other than a Govermnental Unit. For this purpose, the United States or any agency or instrumentality thereof is not a Govermnental Unit and is therefore a Private Person. For purposes of this paragraph (5), property is considered "used" by a Private Person if: (i) it is owned by, or leased, to such Private Person; (ii) it is operated, managed or otherwise physically employed, utilized or consumed by such Private Person, other than operation or management pursuant to an agreement that meets the conditions described in paragraph (6) below; (iii) capacity in or output service from such property is reserved or committed to such Private Person under a take-or-pay, output, incentive payment or similar contract or arrangement; (iv) such property is used to provide service to (or such service is committed to or reserved for) such Private Person on a basis or terms that are different from the basis or terms on which such service is provided (or committed or reserved) to members of the public generally (except possibly for the amount of use and any corresponding rate adjustment); (v) such Private Person is a developer and a significant amount of the Project financed with proceeds of Tax-Exempt Bonds serves only a limited area substantially all 8 Agenda Item No. 10E February 27, 2007 Page 55 of 83 of which is owned by such Private Person, or a limited group of developers, unless such improvement carries out an essential govermnental function, such developer reasonably expects to proceed with all reasonable speed to develop the improvement and property benefited by that improvement, and the improvement is in fact transferred to a Governmental Unit promptly after the property benefited by the improvement is developed; or (vi) substantial burdens and benefits of ownership of the Project financed with proceeds of Tax-Exempt Bonds are otherwise effectively transferred to such Private Person. (6) Use of Bond-Financed Property. (i) For purposes of this Agreement, the use by a Private Person of the Project financed with the proceeds of Tax-Exempt Bonds (the "Bond Financed Property") pursuant to a Qualified Use Contract (as hereafter defined) shall not be treated as a Private Business Use by such Private Person of such Bond-Financed Property or of funds used to finance or refinance such Bond-Financed Property. (ii) An arrangement under which services are to be provided by a Private Person involving the use of all or any portion of, or any function of, the Bond-Financed Property (for example, management services for an entire facility or a specific department of a facility ("Use Contract")) is a "Qualified Use Contract" if it complies (as determined by a Bond Counsel Opinion obtained at the Agency's expense) with the provisions set forth in Revenue Procedure 97-13 or 97-14, as applicable, and as amended or superceded by the Code, Regulations or additional administrative promulgation from the Internal Revenue Service. (iii) The Agency may treat a Use Contract that does not comply with the criteria of subparagraph (6)(ii) as not resulting in Private Business Use of Bond-Financed Property if it delivers to the Department and the Division, at its expense, a Bond Counsel Opinion to the effect that to do so would not adversely affect the exclusion from gross income of interest on the Applicable Tax-Exempt Bonds or cause the interest on the Applicable Tax-Exempt Bonds, or any portion thereof, to become an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations under the Code. (7) Notwithstanding any provision of this Section 2.02, if the Agency provides to the Department and the Division a Bond Counsel Opinion, obtained at the Agency's expense, to the effect that any action required under this Section is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of interest on the Applicable Tax-Exempt Bonds pursuant to Section 103(a) of the Code, the Agency, the Department and the Division may rely conclusively on such opinion in complying with the provisions hereof, and the covenants hereunder shall be deemed to be modified to that extent. 9 Agenda Item NO.1 OE February 27, 2007 Page 56 of 83 (8) All tax warranties, representations, covenants and obligations of the Agency contained in this Section 2.02 shall remain in effect and be binding upon the Agency until all of the Applicable Tax-Exempt Bonds have been paid, notwithstanding any earlier termination of this Agreement or any provision for payment of principal of and premium, if any, and interest on the outstanding Applicable Tax-Exempt Bonds and release and discharge of the Resolution. (9) The Agency may create an account (a "Loan Debt Service Account") for the purpose of matching revenues to debt service on the loan. Any amounts deposited from time to time in any such Loan Debt Service Account will be used to pay principal of or interest on the Loan within 13 months after the amounts are so deposited. (10) The Agency has not established and except as set forth above, does not expect to establish or use any sinking fund, debt service fund, redemption fund, reserve or replacement fund, or similar fund, or any other fund to pay principal of, interest and any redemption premium on the Loan. Except for money referred to in paragraph (9) above, no other money or investment property (including, without limitation, fixed income, equity and other investments) is or will be pledged as collateral or used for the payment of such principal and interest (or for the reimbursement of any others who may provide money to pay that principal and interest), or is or will be restricted, dedicated, encumbered, or set aside in any way as to afford the Department or holders of the Applicable Tax-Exempt Bonds reasonable assurance of the availability of such money or investment property to pay debt service on the Loan or the Applicable Tax-Exempt Bonds. (11) Except as stated otherwise in this Agreement, no portion of the Loan will be used: (i) to pay principal of or interest on, refund, renew, roll over, retire, or replace any other obligations issued by or on behalf of the Department, the Agency or any other Governmental Unit, (ii) to replace any proceeds of another issue of tax-exempt bonds that were not expended on the project for which such other issue was issued, (iii) to replace any money that was or will be used directly or indirectly to acquire investments, (iv) to make a loan to any other person or Governmental Unit, (v) to pay any working capital expenditure other than expenditures identified in Treasury Regulations S 1.148-6( d)(3 )(ii)(A) and (B) (i.e., issuance costs of the Applicable Tax-Exempt Bonds, qualified administrative costs, reasonable charges for a qualified guarantee or for a qualified hedge, interest on the Loan for a period commencing on the issuance date of the Applicable Tax-Exempt Bonds and ending on the date that is the later of three years from that issuance date or one year after the date on which the Project was or will be placed in service, and costs, other than those already described, that do not exceed 5% of the sale proceeds of the Applicable Tax-Exempt Bonds and that are directly related to capital expenditures financed or deemed financed by the Applicable Tax-Exempt Bonds), or 10 Agenda Item No. 10E February 27,2007 Page 57 of 83 (vi) to reimburse any expenditures made prior to the issuance date of the Applicable Tax-Exempt Bonds except those that qualify as a reimbursement of prior capital expenditures, based upon a Bond Counsel Opinion, obtained at the Agency's expense, delivered to the Department and the Division. (12) The Agency does not intend to sell or otherwise dispose of its interest in the Project or any portion thereof during the term of the Applicable Tax-Exempt Bonds except for dispositions of property in the normal course at the end of such property's useful life to the Agency. The Agency will not sell, assign ownership, or otherwise dispose of its interest in the Project or specific rights to utilize any portion of its interest in the Project without the prior consent of the Department and receipt by the Department of a Bond Counsel Opinion, obtained at the Agency's expense, that such Agency action will not adversely impact the tax status of Applicable Tax-Exempt Bonds. (13) None of the Loan Payments shall be federally guaranteed within the meaning of Section 149(b) of the Code. (14) The term of the Loan does not exceed the expected useful life of the Project 2.03. LEGAL AUTHORIZATION. Upon signing this Agreement, the Agency's legal counsel shall express the opinion, subject to laws affecting the rights of creditors generally, that: (1) This Agreement has been duly authorized by the Agency and shall constitute a valid and legal obligation of the Agency enforceable in accordance with its terms upon execution by both parties, subject to the laws peltaining to bankruptcy; and (2) This Agreement specifies the legally available revenues pledged for repayment of the Loan, and the pledge is valid and enforceable. 2.04. AUDIT AND MONITORING REQUIREMENTS. 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. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fssa.state.fl.us. Recipients of state funds (i.e. a non-state entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 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 (1ocal govermnental entities) or lO.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, 11 Agenda Item NO.1 OE February 27,2007 Page 58 of 83 including state financial assistance received from the Department, other state agencies, and other non-state entities. State [mancial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements, the recipient shall ensure that the audit complies with the requirements of Section 2l5.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapters 10.550 (local govermnental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, and name of the state agency awarding it. 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 FDOT, the Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Copies of financial reporting packages, reports, or management letters required by this agreement shall be submitted by or on behalf of the recipient directly to following offices: Florida Department of Transportation SIB Program Manager Office of Financial Development 605 Suwannee Street, MS #7 Tallahassee, FL 32399-0450 Auditor General's Office Room 40 l, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 12 Agenda Item NO.1 OE February 27,2007 Page 59 of 83 Recipients, when submitting [mancial reporting packages to the Department for audits done in accordance with OMB Circular A-l33 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. The submission requirement may be satisfied with the availability of the Financial Reporting Package on the recipient's Internet Web site, in which case a hard copy will not be required. The Department is to be notified when the Reporting Package is available, including the Internet address. Progress Reports. The Agency shall provide to the Department's Office of Financial Development semi-annual progress reports on "program and financial activities" that occur each year. The report will be signed or submitted electronically in accordance with Chapter 668, Florida Statutes, by an individual authorized by the governing board of the Agency. The following program information shall be included: program accomplishments (specific action taken to implement approved objectives/activities) and percent of accomplishments for each in terms of percentage completed; problems delaying implementation; and revised Project schedules if activities are not conforming to approved Project schedules as contained in the application. The following financial information shall be included: beginning fund balance; amount of expenditures; ending fund balance; interest earned to date; and the amount and percent of funds being contributed to the Project from other sources. The semi-annual progress report is available on the SIB website at www.dot.state.fl.us/financialolanning/finance/sib.htm. Records Rentention. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Any check or order drawn by the Agency with respect to any item which is or will be supported by the Loan must be supported with a properly signed voucher on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, and readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Access to Project Site. The Agency shall provide access to Project sites and administrative offices to authorized representatives of the Department at any reasonable time. The Agency shall cause its engineers and contractors to cooperate during Project inspections, 13 Agenda Item NO.1 OE February 27,2007 Page 60 of 83 including making available working copIes of plans and specifications and supplementary materials. ARTICLE III - LOAN REPAYMENT ACCOUNTS 3.01. LOAN REPAYMENT ACCOUNT. The Agency may establish a Loan Repayment Account for the purpose of matching Pledged Revenues to Loan Payments. If at any time the Agency has advance notice that it will not be able to pay any Loan Payment when due, the Agency shall immediately notify the Department of such inability to make the required payment. ARTICLE IV - THE PROJECT 4.01. PROJECT CHANGES. The Agency covenants and agrees that it will not change the scope of the Project or alter the nature of the Project in any material fashion, or substitute any other project for the Project, without the prior written approval of the Department. 4.02. PERMITS AND APPROVALS. The Agency or the owner of the Project shall have obtained, prior to the award of construction contracts, all permits and approvals required for construction of the Project or portion of the Project funded under this Agreement. 4.03. PROJECT SCHEDULE AND INDEBTNESS. The Agency agrees: (1) (2) (3) Exhibit B. Initiation of Project construction/acquisition is anticipated to be April 2007. Completion of Project construction/acquisition is anticipated to be April 20 1 O. The Loan Payments shall be due at the times and in the amounts set forth on 4.04 OFFICIAL INTENT. This Loan Agreement, when executed by an authorized representative of the Agency, shall constitute the Agency's official intent, within the meaning Treasury Regulation S 1.150-2, to reimburse itself with proceeds of tax-exempt debt for obligations incurred with respect to the Proj ect. 14 Agenda Item NO.1 OE February 27, 2007 Page 61 of 83 ARTICLE V - RATE COVENANTS AND USE OF TRANSPORTATION SYSTEM 5.01. COVENANT NOT TO IMPAIR LIEN. The pledging of the Pledged Revenues in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the governing body of the Agency, except as otherwise provided in the Revenue Bond Resolution and herein. 5.02. NO FREE SERVICE. To the extent the Pledged Revenues are derived from revenues that may be adjusted by the Agency, the Agency shall not, except to the extent otherwise required by law or by a contract entered into by the Agency prior to the Agreement Date hereof: permit access to property or furnish any service that generates such revenues without making such charge therefore based on the Agency's uniform schedule or rates, fees, and charges. 5.03. COLLECTION OF PLEDGED REVENUES. The Agency covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Pledged Revenues. The Agency will proceed diligently to perform legally and effectively all steps required on its part in the levy and collection of Pledged Revenues and shall exercise all legally available remedies to enforce such collections now or hereafter available under State law. ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of default: (1) Failure to make any Loan Payment when it is due and such failure shall continue for a period of 5 days. (2) Any warranty, representation or other statement by, or on behalf of, the Agency contained in this Agreement or in any document, certificate or information furnished in compliance with, or in reference to, this Agreement, is determined to be false or misleading. (3) An order or decree is entered, with the acquiescence of the Agency, appointing a receiver for any part of the Project or the Pledged Revenues; or if such order or decree, having been entered without the consent or acquiescence of the Agency, shall not be vacated or discharged or stayed on appeal within 60 days after the entry thereof. (4) Any proceeding is instituted, with the acquiescence of the Agency, for the purpose of effecting a composition between the Agency and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Pledged Revenues. 15 Agenda Item No.1 OE February 27, 2007 Page 62 of 83 (5) Any bankruptcy, insolvency or other similar proceeding is instituted by, or against, the Agency under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Agency, is not dismissed within 60 days after filing. (6) Except as provided in Subsection 6.01(1), any failure to comply with the provisions of this Agreement or failure in the performance or observance of any of the covenants or actions required by this Agreement (a "General Non-compliance Default"), provided, however, that if the Agency provides the Department with written notice of a General Non- compliance Default within 30 days of the date of such General Non-compliance Default, then the Agency shall have 60 days from the date of such General Non-compliance Default to cure such General Non-compliance Default to the satisfaction of the Department in the Department's sole and absolute discretion. If the Agency fails, within the time periods provided in the previous sentence, to (i) provide written notice of a General Non-compliance Default, or (ii) cure the General Non-compliance Default to the satisfaction of the Department in the Department's sole and absolute discretion, then the Agency shall be deemed to be in default of this Agreement as of the date of the General Non-compliance Default. 6.02. REMEDIES. Upon any event of default, the Department or the Division may pursue any available remedy at law or in equity, including: (l) By mandamus or other proceeding at law or in equity, cause the Agency to remit to the Department Pledged Revenues sufficient to enable the Agency to satisfy its obligations under this Agreement. (2) By action or suit in equity, require the Agency to account for all moneys received pursuant to this Agreement and to account for the receipt, use, application, or disposition of the Pledged Revenues. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department or the Division. (4) By applying to a court of competent jurisdiction, cause the appointment of a receiver to manage the Project, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement. (5) By certifying to the Auditor General and the Chief Financial Officer delinquency on Loan repayments, the Department may provide for the payment to the Department of the delinquent amount plus a penalty from any unobligated funds due to the Agency under any revenue or tax sharing fund established by the State, except as otherwise provided by the State Constitution. A penalty may be imposed in an amount not to exceed an interest rate of 18 percent per annum on the amount due in addition to charging the cost to handle and process the debt. (6) By notifying financial market credit rating agencies and potential creditors of the event of default. 16 Agenda Item No. 10E February 27, 2007 Page 63 of 83 (7) By suing for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys' fees. (8) By accelerating the repayment schedule or increasing the Financing Rate on the unpaid principal of the Loan to as much as 1.667 times the Financing Rate for a default under Subsection 6.01(1). In addition to pursuing one or more of the above remedies, upon an event of default, the Department may, by providing 60 days advance written notice to the Agency, elect to terminate this Agreement, and the Department shall have no further obligation or commitment under this Agreement to the Agency. Any partial Loan Payments by the Agency shall be allocated first to interest and second to principal. 6.03. REMEDIES NOT EXCLUSIVE; DELAY AND WAIVER. No remedy conferred upon or reserved to the Department by this Article is exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy. No delay or omission by the Department to exercise any right or power accruing as a result of an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver of any default under this Agreement shall extend to or affect any subsequent event of default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - THE PLEDGED REVENUES 7.01. PLEDGE OF THE PLEDGED REVENUES TO THE DEPARTMENT. The Agency hereby pledges to the Department the Pledged Revenues. From and after the Agreement Date, the Department shall have a lien on the Gas Tax Revenues, which will be prior and superior to any other lien, pledge or assignment of such Gas Tax Revenues with the following exception: All obligations of the Agency under this Agreement payable from Gas Tax Revenues, but only to the extent payable from Gas Tax Revenues, shall be junior, inferior and subordinate in all respects in right of payment and security to the Senior Revenue Obligations defined in Section 1.01 of this Agreement and to any additional Senior Revenue Obligations issued pursuant to the Revenue Bond Resolution and in compliance with this Loan Agreement, including specifically Section 7.02 below. The Agency's pledge of the Impact Fees pursuant to this Loan Agreement is a first-lien pledge thereof. The Agency shall not issue any other obligations, except under the conditions and in the manner provided in the Revenue Bond Resolution and herein, payable from the Gas Tax Revenues (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Senior Revenue Obligations and this Loan Agreement. The Agency shall not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Impact Fees (or any portion thereof) or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of this Loan Agreement. The Agency may at any time or from time to time 17 Agenda Item NO.1 OE February 27, 2007 Page 64 of 83 issue evidences of indebtedness payable in whole or in part out of the Pledged Revenues and which may be secured by a pledge of the Pledged Revenues (or portion thereof); provided, however, that such pledge shall be, and shall be expressed to be, subordinate in all respects to the pledge of the Pledged Revenues created by the Revenue Bond Resolution and this Loan Agreement. The Agency agrees to pay promptly any subordinate indebtedness as the same shall come due. 7.02. ADDITIONAL DEBT OBLIGATIONS The Agency may issue Additional Bonds and Bond Anticipation Notes as defined in the Revenue Bond Resolution, provided all the requirements of Section 5.02 and 5.03, respectively, of the Revenue Bond Resolution are complied with and provided further that the Gas Tax Revenues received during the period referenced in Section 5.02(A) of the Revenue Bond Resolution that remain after deducting therefrom the Maximum Annual Debt Service on all Senior Revenue Bonds Outstanding and proposed to be issued under the Revenue Bond Resolution, along with the Impact Fees received during any 12 consecutive months out of the 24- month period immediately preceding the anticipated issuance date of the Additional Bonds or Bond Anticipation notes, as the case may be, are at least 1.10 times the greater of (i) the maximum Loan Payment required under this Loan Agreement or (ii) the maximum annual debt service requirement on this Loan Agreement and all other obligations of the Agency secured by all or a portion of the Pledged Revenues on parity with this Loan Agreement. The foregoing shall be provided to the Department in writing by an Authorized Issuer Officer in draft form at least 30 days in advance of the anticipated issuance of the Additional Bonds or Bond Anticipation Notes, as the case may be, followed up with a final statement provided to the Department by an Authorized Issuer Officer no later than the date of issuance of such Additional Bonds or Bond Anticipation Notes. The Agency may ascend Subordinated Indebtedness, as defined in the Revenue Bond Resolution to status of complete parity with the Senior Revenue Obligations, provided that all the requirements of Section 5.04 of the Revenue Bond Resolution are complied with and provided further that the provisions of this Section 7.02 are complied with. Other than such Additional Bonds, Bond Anticipation Notes and ascended Subordinated Indebtedness, no other debt of the Agency having a parity or senior lien on the Pledged Revenues shall be incurred by the Agency without the written consent of the Department. ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due in the succeeding Fiscal Year and all Fiscal Years thereafter until fully paid. Loan Payments shall continue to be secured by this Agreement until all of the payments required shall be fully paid to the Department. If at any time the Agency shall have paid all amounts due under this Agreement, or shall, in accordance with the provisions of this Section 8.01 have defeased the Loan, the pledge of, and lien on, the Pledged Revenues to the Department shall be no longer in effect and, except as provided in 18 Agenda Item NO.1 OE February 27, 2007 Page 65 of 83 Section 2.02, this Agreement shall terminate. Deposit of sufficient cash or Defeasance Obligations may be made to effect defeasance of this Loan; provided that, the deposit shall be made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department or its assignees and the Department has approved in writing such deposit. Notwithstanding any provision of this Agreement to the contrary, the Agency may prepay this Loan only upon the express written consent of the Department, which consent shall not be withheld if such prepayment, in the judgment of the Department and the Division, will not adversely impact the Department's ability to comply with covenants relating to obligations secured by such Loan. 8.02. RESERVED. 8.03. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Agency hereby expressly acknowledges that the Loan and all payments of principal and interest thereon, and all proceeds thereof, have been pledged and assigned under the Resolution as security for the payment of principal of, premium, if any, and interest on the Bonds and by the execution of this Agreement the Agency in all respects consents to such pledge and assignment. The Department and the Division may further pledge or assign all or any parts of this Agreement without the prior consent of the Agency after written notification to the Agency. The Agency shall not assign its rights and obligations under this Agreement without the prior written consent of the Department and receipt by the Department and the Division of a Bond Counsel Opinion, obtained at the Agency's expense, that such assignment will not adversely impact the tax status of Applicable Tax-Exempt Bonds. 8.04. AMENDMENT OF AGREEMENT. This Agreement may be amended in writing, except that no amendment shall be permitted which is inconsistent with any applicable State or Federal law. This Agreement may be amended after all construction contracts are executed to re-establish the Project cost, Project schedule, and Loan amount. A final amendment establishing the final Project costs shall be completed after the Department's final inspection of the Project records. 8.05. ANNULMENT OF AGREEMENT. The Department, in consultation with the Division, may unilaterally annul this Agreement if the Agency has not drawn any of the Loan proceeds within six months of the first scheduled disbursement date referenced in Article X. If the Department unilaterally annuls this Agreement, the Department will provide written notification to the Agency. 8.06 SUSPENSION AND TERMINATION. If the Agency abandons or, before completion, discontinues the Project; or if the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, by written notice to the Agency, the Department may suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or at its option, the Department may terminate any or all of its remaining obligations under this Agreement. 19 Agenda Item NO.1 OE February 27, 2007 Page 66 of 83 Upon receipt of any termination or suspension notice, the Agency shall proceed promptly to carry out the actions required therein which may include, but not be limited to: (l) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the Loan; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) repay the SIB according to the provisions of the Agreement, or as otherwise agreed upon, in writing, by the Department and the Agency. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter l19, Florida Statutes, and made or received in conjunction with this Agreement. 8.07. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 8.08. APPROPRIATION. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated verbatim: "(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." 20 Agenda Item No. 10E February 27, 2007 Page 67 of 83 ARTICLE IX - INSURANCE The Agency shall cause the Project to be and remain insured by an insurance company or companies licensed to do and doing business in the State against loss or damage due to any accident or casualty. Such insurance shall remain in place for the useful life of the Project. The Proceeds of insurance policies received as a result of damage to or destruction of the Project shall be used to (i) restore or replace damaged or destroyed portions of the Project, (ii) with the written consent of the Department, repay all or a portion of the Loan, or (iii) any combination of the foregoing. If such insurance proceeds are insufficient to restore or replace damaged portions of the Project, the Agency shall provide additional funds to restore or replace such portions of the Project. Repair, construction or replacement shall be promptly completed. ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The Department agrees to lend to the Agency, and the Agency agrees to repay the Department the Loan at the times, in the amounts and in the manner set forth in this Agreement. The principal amount of the Loan as of any date shall consist of the aggregate Disbursements (as defined below), plus [if applicable] Capitalized Interest that has accrued and been added to the principal amount of the Loan, plus interest other than Capitalized Interest, if any, that has accrued and been added to the principal amount of the Loan, less the aggregate principal component of all Loan Payments made, all as of such date. [If applicable] Capitalized Interest is not disbursed to the Borrower, but is amortized via Loan Payments as if it were actually disbursed. Capitalized Interest shall be computed at the rate of _% per annum and shall accrue on the principal amount of the Loan based on an actual- days-elapsed/365 day counting convention. Capitalized Interest accruing on the principal amount of the Loan through December 31 of each year shall be added to the principal amount of the Loan on the following January 1 until the date which is months prior to the date the first Loan Payment is due, at which time the amount of Capitalized Interest accruing since the previous January 1 shall be added to the principal amount of the Loan and no additional Capitalized Interest shall accrue. {Note: this assumes an amortization schedule where the payments are made at the end of the payment period] The estimated principal amount of the Loan as of the date of the first Loan Payment is $12,000,000, which consists of the amounts scheduled to be disbursed to the Borrower in the amounts and at the times set forth in Disbursement Schedule attached hereto as Exhibit A (each such scheduled disbursement a "Disbursement") and [if applicable] $ of estimated Capitalized Interest. lO.02. FINANCING RATE. Beginning on the date which is 22 months prior to the first Loan Payment, interest shall accrue on the principal amount of the Loan at the Financing Rate (defined below) [Note: this assumes an amortization schedule where the payments are made at the end of the payment 21 Agenda Item NO.1 OE February 27, 2007 Page 68 of 83 period]. The Financing Rate is 2.0% per annum, compounded annually, using an actual-days- elapsed/365 day counting convention, as indicated by the schedule of Loan Payments attached hereto as Exhibit B. lO.03. LOAN DISBURSEMENTS. The Department shall disburse the Loan to the Agency in the amounts and at the times set forth in the Disbursement Schedule (Exhibit A), provided that prior to each Disbursement, the Department receives a completed Disbursement Request Form substantially in the form of Exhibit C attached hereto and such other certificates or documents as the Department shall reasonably request from time to time upon 30 days written notice to the Agency. Upon written request by the Agency, the Department may, in its sole and absolute discretion, amend the Disbursement Schedule to take into account unexpected events or reasonable adjustments to the financing of the Project, including, but not limited to, increases or decreases in the Disbursement amounts and acceleration or delays in the construction of the Project. The Department may, in its sole and absolute discretion, adjust the Loan Payment Schedule attached hereto as Exhibit B to take into account the adjustments permitted by the previous sentence. Under no circumstances shall the sum of the Disbursements to the Agency exceed $12,000,000 under this Agreement. Furthermore, the Department's obligation to fund any Disbursement is subject to funds being made available by an appropriation made pursuant to Florida law. Notwithstanding anything herein to the contrary, any disbursement to be utilized for repayment of prior Agency indebtedness must be expended within 90 days of issuance of Applicable Tax-Exempt Bonds unless the Department shall receive a Bond Counsel Opinion, obtained at the Agency's expense, to the effect that such utilization will not adversely impact the tax status of such Applicable Tax-Exempt Bond. 10.04. LOAN PAYMENTS. Loan Payments shall be made at the time and in the amounts set forth in the Loan Payment Schedule attached hereto as Exhibit B. To the extent the actual principal amount of the Loan calculated as provided in Section 10.01 above is less than the estimated principal amount of the Loan as set forth in Section 10.01 hereof, the amount of the scheduled Loan Payment credited to principal shall increase and the Loan Payment Schedule shall be adjusted, so that the Loan is paid in full over a shorter amount of time. Notwithstanding the foregoing, however, if the actual principal amount of the Loan calculated as provided in Section 10.01 above is less than the estimated principal amount of the Loan as set forth in Section 10.01, the parties to this Agreement hereby agree to adjust the Loan Payment Schedule in such a way as to not adversely impact any obligations of the Department secured by repayments under this Agreement. Loan Payments shall be credited first to interest accruing on the principal amount of the Loan, if any, then to principal. 22 Agenda Item No. 10E February 27,2007 Page 69 of 83 ARTICLE XI - MISCELLANEOUS 11.01. THIRD PARTY AGREEMENTS 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 for the procurement of consultant services, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the Project without the prior written approval of the Department. Failure to obtain such approval from the Department shall be deemed a material breach of this Agreement, relieving the Department of any obligation to make Disbursements under this Agreement. 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. Such decisions shall be deemed final and binding on the Agency. 11.02. COMPLIANCE WITH CONSULTANT'S COMPETITIVE NEGOTIATION ACT. Compliance with Consultants' Competitive Negotiation Act: The Agency's Attorney shall certify to the Department that selection of consultants has been accomplished in compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, if and to the extent the Consultants' Competitive Negotiation Act applies to the procurement. ll.03. DISADVANTAGED BUSINESS ENTERPRISE (DB E) POLICY AND OBLIGATION. It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with funds disbursed by the Department under this Agreement. The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 11.04. DISCRIMINATORY VENDOR. Pursuant to Section 287.134(3)(a), Florida Statutes, the following is included in this Agreement. Section 287. 134(2)(a), Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, 23 Agenda Item NO.1 OE February 27,2007 Page 70 of 83 subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity." 11.05. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. 11.06. PROHIBITED INTERESTS. Neither the Agency nor any of its contractors, subcontractors, consultants, or subconsultants shall enter into any contract with one another, or arrangement in connection with the Project or any property included or planned to be included in the Project, which violates any provision of Chapter 112, Florida Statutes, relating to conflicts of interest and prohibited transactions. The Agency shall further diligently abide by all provisions of Florida law regulating the Agency with respect to procurement, contracting, and ethics. The Agency shall insert in all contracts entered into in connection with the Project subsequent to the date hereof, and shall hereafter require its contractors and consultants to insert in each of their contracts the following provision: "The Agency is governed in its contracts and transactions by provisions of Florida law relating to conflicts of interest, prohibited transactions, and ethics in govermnent. All parties to contracts with the Agency relating to this project shall familiarize themselves with Chapter 112, Florida Statutes, and with general Florida law regulating the Agency's ethical requirements, prohibitions, and limitations with respect to procurement and contracts." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. l1.07. ENVIRONMENTAL POLLUTION. Execution of this Agreement constitutes a certification by the Agency that the Project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 11.08. NO OBLIGATION TO THIRD PARTIES. Except to the extent set forth herein, neither the Department nor the Agency shall be obligated or liable hereunder to any person or entity not a party to this Agreement. 24 Agenda Item NO.1 DE February 27, 2007 Page 71 of 83 l1.09. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event shall the making by the Department of any Disbursement 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 Disbursement 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. 11.10. 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 Loan established hereunder. 11.11. USE AND MAINTENANCE OF PROJECT. The Agency agrees that the Project facility and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facility and equipment as determined in accordance with general accounting principles. The Agency further agrees to maintain the Project facility and equipment in good working order for the useful life of said facility or equipment, and maintain property records, conduct physical inventories, and develop control systems. 11.12. INDEMNITY. To the extent allowed by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, employees, contractors and/or subcontractors during the performance of the Agreement, except that neither the Agency, its agents, employees, contractors and/or subcontractors will be liable under this paragraph for any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department, or any of its officers, agents, or employees, during the performance of the Agreement. If the Department receives 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 Department's failure to promptly notify the Agency of a claim will not act as a waiver or any right herein. 11.13. PLANS AND SPECIFICATIONS. 25 Agenda Item NO.1 OE February 27, 2007 Page 72 of 83 In th,e event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of a facility, the Agency shall design and construct the equipment and/or facility in accordance with the standards applicable to the Agency. Failure to follow the plans and specifications shall be sufficient cause for delays in the distribution of disbursements by the Department. 11.14. PROJECT COMPLETION, AGENCY CERTIFICATION. Upon completion of the Project, the Agency will certify in writing that the Project (or expending of the Loan) was completed in accordance with applicable plans and specifications and that the Project is accepted by the Agency as suitable for the intended purpose. 11.15 THIRD PARTY BENEFICIARY. To the extent this Agreement confers upon or grants to the Division any right, remedy, or claim hereunder, the Division is hereby recognized as being a third party beneficiary hereunder and may enforce any such right, remedy or claim given or granted hereunder. l1.l6. ENTIRE AGREEMENT. The Loan Application executed by the Agency, all exhibits, attachments and schedules attached to the Loan Application, and this Agreement ("the Agreement Documents") sets forth the entire agreement between the parties and incorporate and supercede all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and therein, and the parties hereto agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in the Agreement Documents. Accordingly, it is agreed that no deviation from the terms of the Agreement Documents shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained in the Agreement Documents shall be effective unless contained in a written document executed by the parties hereto. In the event of conflict between the terms and conditions of the Agreement Documents: (i) the terms and conditions contained in the body of this Agreement prevail over conflicting terms and conditions contained in any exhibits, schedules and attachments attached to this Agreement; (ii) the terms and conditions contained in the body of the Loan Application prevail over any conflicting terms and conditions contained in any exhibits, schedules and attachments attached to the Loan Application; and (iii) the terms and conditions of the Agreement, including all exhibits, schedules and attachments hereto, prevail over conflicting terms and conditions contained in the Loan Application and any exhibits, schedules and attachments thereto. 11.17. NOTICES. Any notice, demand, request or other instrument which is required to be given under this Agreement in writing shall be delivered to the following addresses: 26 If to the Department: Jennifer G. Weeks Florida Department of Transportation Office of Financial Development Project Finance Team 605 Suwannee Street, MS #7 Tallahassee, Florida 32399-0450 If to Agency: Transportation Donald L. Scott 2885 South Horseshoe Drive 27 Agenda Item NO.1 OE February 27,2007 Page 73 of 83 Collier County Naples, FL 34104 Agenda Item NO.1 OE February 27, 2007 Page 74 of 83 ARTICLE XII - EXECUTION OF AGREEMENT This Agreement shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on its behalf by its Secretary and the Agency has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement shall be the Agreement Date. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Secretary Legal Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Its Chairman Attest I attest to the opinion expressed in Section 2.03, entitled Legal Authorization, and as to form and legal sufficiency. Its: Agency SEAL 28 Agenda Item No.1 OE February 27, 2007 Page 75 of 83 EXHIBIT A Disbursement Schedule Form Total SIB Loan Amount: $12,000,000 Total SIB Commitment: $12,000,000 SIB Estimated Disbursement Schedule: Month, Day, Year Amount Balance December l, 2006 $12,000,000 $0 Based on estimated annual expenditures and the Department's historical cash flow rates. 29 Agenda Item NO.1 OE February 27, 2007 Page 76 of 83 EXHIBIT B Loan Payment Schedule Collier Count)' Transportation 1.7Sl1mmokalee Road Interehanee Imorovements Beginning Estimated! Actual Interest Balance Including Rep8~'1l1ent to Repayment to Total Fiscal Year Dale Accrued at Ending Balance Balance Disbursement 2.00/11 Interest Principal Interest Repayment 2006/07 81 2006 $0.00 S]2.000.000.00 SO.OO $12.000.000.00 $0.00 $000 $000 $12.000.000.00 1011 12006 $] 2.000.000.00 $0.00 $0.00 SI2.000.000.00 $0.00 SO.OO $0.00 $12.000.000.00 2007/08 1011'2007 $]2.000.00000 $0.00 $240.000.00 S 12.240.00000 -,240.000.00 $240.000.00 $0.00 $12.240.000.00 2008/09 10i12008 SI2.240.000.00 SO.OO $244.800.00 $] 2,484.80000 ,1.795.200.00 5244.800.00 $2.040.000.00 ,10,444.800.00 2009110 ]0/1.2009 SI0,444.800.00 SO.OO $208.896.00 SI0.653.69600 $1.831.104.00 ,208.896.00 $2.040.000.00 $8.6]3.696.00 2010/11 ]0/1.20]0 $8.613.696.00 $0.00 $17::!.::!73.<)2 $8.785.969.92 $1.867.726.08 $172.273.92 $2.040.000.00 $6.745.969.92 2011/12 JOI1 201] $6.745.969.92 $0.00 $]34.919.40 $6.880.889.32 $1.905.08060 ,134.919.40 $2.040.000.00 $4.840.889.32 2012113 IOn .'2012 ~4.840.889.32 $0.00 $96.8]779 ,4.937.70710 $4.840.889.' 1 $96.817.79 $4.937.70710 $0.00 SI2.000.000.00 ,1.097.70710 $] 2.000.000.00 $1.097.707.10 $13.09/.707.10 Interest will begin accruing October 1. 2006 and will accrue annually October j and end each September :;0 thereafter until loan is repaid. This calculation assumes the following disbursement date: FY 2006/07 $12.000.000.00 If disbursements are made on dates other than those above. the interest caJculations will be modified and this schedule updated according. Total Loan Amount - $12.000.000.00 Total Interest Accrued. $1.097.707.10 Total Repayments to Loan - $13.097.707.10 Remit Payment to: Mailing Address: State Board of Administration of Florida Post Office Box 1330 Tallahassee, FL 32317-3300 Street Address' State Board of Administration of Florida 1801 Hermitage Boulevard, Suite 100 Tallahassee, FL 32308 Wiring Instructions: Bank of America ABA #0260-0959-3 Credit: State Board of Administration Account # 003660048119 Note on Payment for "FOOT SIB Loan - 420655.2" 30 Agenda Item NO.1 OE February 27, 2007 Page 77 of 83 EXHIBIT C Disbursement Request Form TOTAL SIB LOAN AMOUNT: $l2,OOO,OOO DATE OF THIS DISBURSEMENT REQUEST: AMOUNT REQUESTED FOR THIS DISBURSEMENT: $ BALANCE OF LOAN TO BE DISBURSED: $ CONTRACT NUMBER: FINANCIAL PROJECT NUMBER: 420655-2-58-01 Warrant should be disbursed to: Name: Title: Address: Telephone Number: E-Mail Address: Per Section 10.03 Loan Disbursements of the State Infrastructure Bank Loan Agreement, I certify, to the best of my knowledge, $ in expenses has been incurred on the I-75/Immokalee Road Interchange Improvements project and these costs are eligible for reimbursement and use of the SIB funds. Signature Printed Name and Title 31 <__w~_-..__,,_,."._,... '."...,_".".,,,,,,.,>~.,,__,,,.._.__ Agenda Item No. 10E February 27,2007 Page 78 of 83 EXHIBIT D Summary Proiect Specifications 32 Agenda Item No. 10E February 27,2007 Page 79 of 83 EXHIBIT E Continuinl! Disclosure Al!reement FORM OF CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by (the "Agency") in connection with the execution of that certain Loan Agreement dated by and between the Department and the Agency (the "Loan Agreement"). This Disclosure Agreement is being executed and delivered pursuant to Paragraph _ of Section 2.01 of the Loan Agreement. The Agency hereby covenants and agrees as follows: SECTION 1. PURPOSE OF THE DISCLOSURE AGREEMENT. This Disclosure Agreement is being executed and delivered by the Agency to the Department in order to assist the Department in fulfilling its disclosure obligations under applicable rules of the Securities and Exchange Commission (the "SEC") and to assist in complying with SEC Rule 15c2-l2 (the "Rule"). SECTION 2. DEFINITIONS. The definitions set forth in the Loan Agreement apply to any capitalized term used in this Disclosure Agreement. SECTION 3. CONTINUING DISCLOSURE. (A) Information To Be Provided. The Agency assumes all responsibilities for any continuing disclosure as described below. The Agency hereby agrees to provide or cause to be provided the information set forth below, or such other information as the Department may reasonably require to be provided, from time to time, in order to comply with the Rule and other applicable SEC rules. (1) Financial Information and Operating Data. For fiscal years ending on June 30, 2005 and thereafter, annual financial information and operating data shall be provided within six months after the end of the State's fiscal year. Such information shall include: (a) Information pertaining to the Pledged Revenues, including but not limited to historical and projected collections and material events affecting the collection of Pledged Revenues; (b) Information pertaining to the Loan, including but not limited to historical and projected debt service coverage; (c) Information pertaining to the Project, including but not limited to the extent to which Project milestones have deviated scheduled completion dates, any changes in anticipated Project completion dates, and any material events affecting the completion or projected use of the Project; and (d) Information pertaining to the computation of debt service coverage ratios. 33 Agenda Item NO.1 OE February 27,2007 Page 80 of 83 (2) Audited Financial Statement. If not submitted as part of the annual financial information, a copy of the Agency's audited financial statements, prepared in accordance with generally accepted accounting principles, will be provided when and if available. (3) Material Events Notices. Notice of the following events relating to the Loan Agreement will be provided in a timely manner: (a) principal and interest payment delinquencies; (b) non-payment related defaults; (c) unscheduled draws on Loan Agreement reserves, if any, reflecting financial difficulties; (d) unscheduled draws on Loan Agreement credit enhancements, if any, reflecting financial difficulties; ( e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions received by the Agency or events within the reasonable knowledge of the Agency affecting the tax-exempt status of Applicable Tax Exempt Bonds; (i) defeasance of the Loan Agreement; (j) release, substitution or sale of property securing repayment of the Loan Agreement; (k) any change in any credit rating of the Agency. (4) Failure to Provide Annual Financial Information; Remedies. Failure of Agency to provide the information required at the time and in the manner provided herein shall constitute an event of default under the Loan Agreement. (5) Methods of Providing Information. All information described herein shall be provided to the Department as follows: electronic facsimile transmissions confirmed by fIrst class mail, postage prepaid; (b) overnight delivery service; (c) electronic delivery; (d) fIrst class mail, postage prepaid; (e) any other delivery method generally acceptable in the tax-exempt bond market; or (f) by whatever means are mutually acceptable to the Department or its designated agent and the entity to which it is to be provided. Where applicable, the following address for the Department may be used until further notice to the Agency provided as set forth in the Loan Agreement: 34 Agenda Item NO.1 OE February 27, 2007 Page 81 of 83 Florida Department of Transportation Office of Financial Development Project Finance Team 605 Suwannee Street, MS #7 Tallahassee, Florida 32399-0450 Attention: Jennifer G. Weeks (C) If this Disclosure Agreement is amended to change the operating data or financial information to be disclosed, the annual financial information containing amended operating data or financial information will explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. (D) The Agency's obligations hereunder shall continue until such time as Agency's obligations under the Loan Agreement have terminated. (E) This Disclosure Agreement may be amended or modified by mutual consent of the Agency and the Department so long as any such amendments are not violative of any rule or regulation of the SEC or MSRB, or other federal or state regulatory body. SECTION 4. ADDITIONAL INFORMATION. If, when submitting any information required by this Disclosure Agreement, the Agency chooses to include additional information not specifically required by this Disclosure Agreement, the Agency shall have no obligation to update such information or include it in any such future submission. Dated this _ day of ,2006 AGENCY By: 35 Agenda Item NO.1 OE February 27, 2007 Page 82 of 83 EXHIBIT F FORM OF NON-ARBITRAGE CERTIFICATE I, the undersigned, hereby certify that I am a duly qualified and acting officer of Collier County ("Agency"), and that in my official capacity as such officer, I am responsible for executing and delivering on behalf of the Agency that certain State Infrastructure Bank Loan Agreement between the Agency and the State of Florida Department of Transportation, dated as of , 2006, (the "Loan Agreement"). This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and Treasury Regulations, Sections 1.148-0 through 1.148-11 and 1.150-1 and 1.150-2 (the "Regulations"). The following facts, estimates and circumstances are in existence on the date of this Certificate or are reasonably expected to occur hereafter. Capitalized terms not defined herein have the meanings ascribed to them in the Loan Agreement. l. The Loan Agreement will provide for the financing by the Agency of the acquisition of the Project described in the Loan Agreement. Pursuant to the Loan Agreement, the Agency will be required to make Loan Payments, comprising principal and interest, on the dates and in the amounts set forth in applicable Schedules to the Loan Agreement. 2. The Project will be acquired and implemented with due diligence, and it is expected that at least 85 percent of the spendable proceeds of a Disbursement will be allocated to the cost of Project on the date of the Disbursement and in any event within three years from the date thereof. 3. Not more than 50 percent of the unexpended proceeds of a Disbursement will be invested in obligations having a substantially guaranteed yield for four years or more. 4. The proceeds of any Disbursement under the Loan Agreement, and the interest to be earned thereon, will not exceed the amount necessary for the purpose for which the Disbursement is requested. 5. The interest of the Agency in the Project has not been and is not expected during the term ofthe Loan Agreement to be sold or disposed of by the Agency. 6. Payments. No sinking fund is expected to be created by the Agency with respect to the Loan 7. For purposes of this certificate, "yield" has the meaning ascribed to it under the Regulations pertaining to obligations issued under Section 103 of the Code. 36 Agenda Item NO.1 OE February 27, 2007 Page 83 of 83 8. The Agency hereby covenants to comply with all requirements of the Code and Regulations relating to the rebate of arbitrage profit to the United States of America. It is expected that all gross proceeds of the financing derived from each Disbursement will be expended on and allocated to the Project no later than the day which is six months after the date of each Disbursement. 9. Neither the proceeds of the financing nor the Project financed therewith shall be used for any "private business use" within the meaning of Section l41(b)(6) of the Code. No proceeds of the financing will be used to make or finance a loan to another person. 10. The payment of Loan Payments is not guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof, nor is it otherwise federally guaranteed within the meaning of Section 149(b) of the Code. ll. There are no other obligations of the Agency that (i) are being sold within 15 days of the date of the Loan Agreement; (ii) are being sold pursuant to a common plan of financing together with the Loan Agreement; and (iii) will be paid out of substantially the same source of funds as the Loan Agreement. 12. To the best of the knowledge and belief of the undersigned, the expectations of The Agency, as set forth above, are reasonable, and there are no present facts, estimates and circumstances which would change the foregoing expectations. 13. The Agency has not been notified of the listing or proposed listing of it by the Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon. WITNESS my hand this _ day of ,2006 AGENCY Name: Title: 37 _'-_'>-,~~--,-"."'--'--,,,,,,-, "-"-~""~-"""'-""- Agenda Item No. 10F February 27, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to move excess landscape maintenance funds in the amount of $1,148,493.03 from Fund 112 to the Transit Operations Facility for repairs and/or renovations needed at the site. OBJECTIVE: To approve a budget amendment to move additional landscape maintenance funds in the amount of $1,148,493.03 from Fund 112 to the Transit Operations Facility for repairs and/or renovations needed at the site. CONSIDERA TIONS: The Board of County Commissioners recently acquired the Morande Car Dealership property that is going to be used to house the Collier Area Transit (CAT) operations. The Facilities Management and Fleet Management Departments have assessed the site and have made recommendations to Transportation staff regarding needed repairs and modifications to the site. Items that these departments have recommended include repairing the roof on the front building and back building, electrical repairs to include replacing broken light fixtures, installing exit lights, installing emergency lights, lighting in wash area, replacement of the heating and air conditioning system, painting the exterior and interior of the front building and the exterior of the back building, repairs to the plumbing system, repair of the lift station alarm, replacement of the carpet in the front and back building, replacement of the exterior locks, repairs to the irrigation system and replacement of (44) fire extinguishers and (10) cabinets and proper signage. Modifications include installing new landscaping in accordance with the SDP, widen including ceilings and replacement of the single office doors and broken window, modify the bay doors to allow for the buses to be maintained on site and modifications needed to bring the building up to ADA requirements. New items to be added include - computer and phone lines and other IT related items, fuel tanks for fueling the vehicles on site, generators to maintain operations should the power go down, and installation of a wall to separate the site from the property to the West as required by the SD P . Funds remain from the purchase price in the amount of $367,684.72, a 5309 FTA Operations Facility Grant to be applied for in the amount of $226,710, the 06/07 5307 FTA Operating & Capital funds in the amount of $500,000 and carry forward funds in the Transportation Disadvantaged Fund (427) in the amount of $253,290.40 provides a total funding available of $1,347,685.12. The additional funding needed for the repairs and modifications will come from Landscape Maintenance Funds that rolled from FY06 into FY07. The rolled funds that were identified were funds from the FY06 roll of prior year unencumbered funds that are no longer needed in the FY07 budget for landscape maintenance projects. These funds total $1,148,493.03 which will bring the budget for the repairs to $2,496, l78.15. Since the costs are only estimated, staff will make every effort to stay within the funds that have been allotted for the repairs totaling $2,496,178.15. FISCAL IMP ACT: A budget amendment is needed to transfer funds in the amount of $1,148,493.03 from Landscape Operations Fund (112) and appropriate it within the Transit Operations Facility Fund (313). -"" Agenda Item No. 10F February 27,2007 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners approves the necessary budget amendments in the amount of $1,148,493.03 to move re-budgeted landscape maintenance funds from Fund (112) to the Transit Operations Facility that is budgeted in Fund (313) in the amount of$l, 148,493.03. Prepared By: Sharon Newman, Transportation Operations Manager Attachment: Landscape Project Summary ............, Item Number: Item Summary: Meellng Date: Agenda Item No. 10F February 27. 2007 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Approve a Budget Amendment to move excess landscape maintenance funds in the amount of $1,146,493.03 from Fund 112 to the Transit Operations Facility for Repairs end or Renovatlons needed at the site (Norman Feder, Administrator, Transportation Services) 2127/20079'0000 AM Accounting Supervisor Date Approved By Sharon Newman Transportation Services Transportation Services Admin 2/14120079:59 AM Barbara LaPierre Management/Budget Analyst Date Approved By Transportation Services Traffic Operations 21141200711 :17 AM Gloria Herrera Management/Budget Analyst Date Approved By l"ransportation Services Stormwater Management 2/141200711 :23 AM Transportation Division Administrator Date Approved By Norm E, Feder, AICP Transportation Services Transportation Services Admin, 2114120073:27 PM Diane B. Flagg Director A TM Director Date Approved By Transportation Services Alternative Transportation Modes 211412007 4: 39 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 2/1412007 4:40 PM Approved By OM B Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 2/15/20078:04 AM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 2120/2007 4:20 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2120/20077:45 PM 3!2~ =-NO o "::: z NO, E >. ro' ~ g ~ 5 c j) CD ~ Ql () r:: III r:: Ql - r:: 'm :e "C r:: III iii - 'Q. III (J N ..... ..... "C r:: ::l u. Ul - () Ql '0' ... 0. Ql C. 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N 0 0 '" '" '" '" ~ '" ~ I'" '" '" It> It> .... .,. i'" '" '" '" '" '" .... .... .... ,-_._._--,_.,_._~ .-----_..---- Agenda Item No. 10G February 27,2007 Page 1 of 30 EXECUTIVE SUMMARY Recommendation to Adopt FY 08 Budget Policy OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2008. CONSIDERA TIONS: In order for staff to begin preparation of the FY 2008 budget, direction is needed from the Board of County Commissioners on major policy issues. Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the FY 2008 budget. The purpose of today' s discussion is for the Board to reach consensus on the policies upon which the budget will be based. The County Manager met with the Productivity Committee to share the proposed FY 08 policies prior to this Board presentation. The Executive Summary is broken down into three distinct elements. The first element consists of budget policies proposed in FY 08 that require policy direction from the Board. The second element consists of standard budget policies that the Board has endorsed for a number of fiscal years. The third element consists of a three-year analysis of the General Fund (00l) and the Unincorporated Area General Fund MSTD (111). ,...-~_.", The Board needs to establish June budget workshop dates. Tentative dates are Thursday, June 28, 2007 (Board Agency) and Friday, June 29, 2007 (Constitutional Officers) with meeting times scheduled from 9:00 a.m. to 5:00 p.m. The available dates avoid any conflict with the Florida Association of Counties legislative conference scheduled from June 12-15,2007. For informational purposes, adoption of the proposed millage rates is scheduled for Tuesday, July 24, 2007. The Board is required by Florida Statutes to provide the Property Appraiser with the proposed millage rates by August 4, 2007 in order to prepare the Notice of Proposed Taxes. Finally, the Board needs to establish September public hearing dates for the adoption of the FY 08 budget. The School Board has selected September 11, 2007 for their final budget hearing. Recommended dates for the Collier County budget public hearings are September 6,2007 (Thursday) and September 20,2007 (Thursday). ' GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget and ad valorem taxation issues for fiscal year 2008. RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, establishes June budget workshop dates and September public hearing dates. In addition, the Board needs to adopt a Resolution establishing a May I, 2007 deadline for Constitutional Officer budget submittals. - Prepared by: Michael Smykowski, OMB Director FY 08 Budget Policies Agenda Item No. 108 February 27,2007 Page 2 of 30 General Fund Millaee Rate In FY 08, General Fund ad valorem tax revenue will be capped at a maximum increase of 16%. Any increase above 16% in taxable value will result in a General Fund millage rate reduction. Given the change in the local real estate market, an increase in value of 16% is unlikely, but this policy is consistent with the budget policy adopted in FY 07. General Fund Budeet Allocations That the Board continues the budget policy limiting General Fund agency budget appropriations to no more than their respective percentages in the adopted FY 04 budget, with a maximum Agency budget increase of 8%. The percentages allocations are noted below in the following table: Aaencv BCC/Co Att. County Manager Cou rts/Related Airport Authority Road Program Subsidy Debt/Capital Subsidy Reserves Clerk of Courts. Sheriff" Property Appraiser Tax Collector Supervisor of Elections %01 FY04 Budaet 1.5% 27.3% 2.3% 0.3% 5.2% 6.0% 7.7% 3.4% 39.6% 2.1% 3.8% 0.9% Total 100.0% *Clerk adjusted for Article V is 2.2%. ** Sheriff allocation includes $1.7 million debt service for the Special Operations facility. Agenda Item NO.1 OG February 27, 2007 Page 3 of 30 MSTD General Fund Millaee Tareets The Board has previously committed to a "millage neutral" unincorporated Area General Fund budget. The Unincorporated area General Fund provides funding for the median landscaping program and roadway resurfacing program. Recommendation: (1) Develop a millage neutral" MSTD General Fund budget for FY 08. Limitations on Expanded Positions to Maximize Oreanizational Efficiencies To maximize organizational efficiencies, a limitation of no more than 25 net new positions in the County Manager's Agency will be implemented in FY 08. This recognizes the fact that in service organizations such as local governments, the primary expense is for salaries and associated fringe benefits and will continue to force economies within the County Manager's Agency through more effective use of existing resources. Limitations on Current Service Discretionary Operatine Expenses The County Manager recommends limiting current service discretionary operating expense increases to cpr, 4.1 % or less. This will economize and provide the means to support the General Fund transportation program requirements. FY 07 adopted operating expenses budgets will be adjusted to reflect one-time expenses. Exceptions would include fixed cost increases such as allocated insurance, indirect service charge payments (revenue to the General Fund), fuel, and utility expenses. Health Care Proeram Cost Sharine Collier County provides a self-funded Group Benefits Plan for health care and prescription drug coverage. Coverage under the Plan extends to all County employees, with the exception of the Sheriff's Office, which provides its own self-funded plan. Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to fund them, continue to increase annually at double-digit levels. The County's medical plan is similarly impacted by these rising costs. However, management and employees continue to work together to hold down the impact of future increases by restructuring benefit levels and initiating further cost shifting measures. In addition, staff continues to negotiate with providers for discounted physician and hospital fees and promote corporate wellness and preventive health care initiatives. Recommendation: In FY 08 the average cost distribution between the Board of County Commissioners and employees will remain 80% (employer) and 20% (employee). It is still recommended that the 80% employer share and 20% employee share be uniform across all agencies. inclusive of the Constitutional Officers. This policy treats all county employees equally in terms of cost sharing for health insurance premiums. Comoensation Administration Agenda Item No. 10G February 27, 2007 Page 4 of 30 The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: 1. Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. 2. Supports continuous training, professional development and enhanced career mobility. 3. Recognizes and rewards individual and team achievement. In order to achieve these objectives, a series of changes to the compensation system were implemented in FY 04. These changes are still in place today. (See list below.) 1. Recognized that motivational factors and expectations vary for employees at different levels in the pay structure and established distinct pay plans that target appropriate reward mechanisms for each level. 2. Adjusted salary ranges as needed, especially for hourly employees, to more closely match the appropriate market for each plan. 3. Slowed the growth of executive level base salaries by changing the way performance awards are paid, (i.e. awarded as one-time lump-sum bonuses rather than incremental increases to base pay). Recommendation: Budget 5.85% ofbudgeted Regular Salaries in FY 08 for compensation administration and future fiscal years as delineated below: Program Component FY05 FY06 FY07 FY08 Fu ture Fiscal Years Cost of Living * 2.10% 3.90% 4.70% 4.10% Varies annually A wards Program 1.50% 1.50% 1.50% 1.50% 1.50% Pay Plan Maintenance 0.25% 0.25% 0.25% 0.25% 0.25% Total 3.85% 5.65% 6.45% 5.85% *Note: Cost of living adjustments are based on the December Miami-Ft. Lauderdale SMSA (all urban consumers). Agenda Item NO.1 OG February 27,2007 Page 5 of 30 Stormwater Mana2ement Capital Fundin2 The Board previously adopted a policy with funding equivalent to 0.1500 mills annually. The purpose of this dedicated funding source is to address long-standing capital project needs in the Stormwater program area, as well as to identify to grantor agencies that Collier County has a dedicated funding source to provide local matching requirements to available grants. Recommendation: Provide dedicated General Fund dollars to Stormwater Management capital projects with funding set at 0.1500 mills annually. Assuming an 8.0% increase in General Fund taxable value, this would provide funding of $12,480,836 in FY 08. Schedulin2 Issues Decisions Re uired Establish Budget submission dates for the Sheriff, the Clerk of Courts, and the Supervisor of Elections. Staff Recommended Date(s) May 1, 2007 June Budget Workshops Note: OMB staff has communicated this deadline with the respective Constitutional Officer budget staff members. (BCC Agency/Courts) Thursday, June 28, 2007 (Constitutional officers/wrap-up) Friday, June 29, 2007 Note: FAC conference is June 12-June 15,2007. Jul 24, 2007 (Tuesda ) September 6,2007 (Thursday) Se tember 20, 2007 (Thursda ) Notes: The School Board has first priority in establishing public hearing dates. The School Board's final budget hearing is scheduled for September 11, 2007. The Commission chambers are reserved fOf the tentative dates for Collier County Government budget public hearings. Comparative Bud2et Data Provide comparative budget data using FY 07 adopted budget data (cost and employees pef capita based on unincorporated area population) by Agency with Budget Submittals for Similar Sized Florida Counties. Recommended counties for comparison purposes include: . Sarasota County . Lee County . Charlotte County . Marion County . Manatee County Agenda Item No. 10G February 27, 2007 Page 6 of 30 Reserves . A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. The reserve for contingencies in the General Fund will be 2.5%. Accrued Salary Savines . The limitation on expanded positions, coupled with the full budgeted amounts for health insurance and worker's compensation being transferred to the self-insurance funds, impacts the amount of accrued salary savings due to position vacancies. The market for new employees is highly competitive and is complicated by the County's relatively high cost of housing. As attracting new employees at entry level salaries is increasingly difficult, staff is still recommending using a 2% accrued salary savings factor in developing the FY 08 budget. Overtime Limitations A policy to limit overtime budgets is again recommended for FY 08. The proposed policy limits budgeted overtime to no more than the product of2.00 multiplied by the 2% attrition amount. Example - $1,000,000 budgeted Regular Salaries; 2% attrition ($1,000,000 times 2%) = $20,000; Maximum allowable overtime ($20,000 times 2.00) = $40,000. Existing Budget Policies for FY 08 Agenda Item No. 10G February 27,2007 Page 7 of 30 Budget Policies Affecting Operating Budgets Financial Mana2'ement/Financial Bud2'et Development . OMB staff will prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial planning and to understand the long- term impact of funding decisions made in FY 08. Grant Funded Positions . Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Self-Insurance . To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, and Group Health Insurance programs. Program funding to be based upon a confidence interval of 75%, with the exception of group health to which a confidence interval is not applicable. Proposed Uses of Gas Taxes . Based on the Board's policy decisions relative to the Annual Update and Inventory Report (AUIR) regarding Transportation, all available gas tax revenue will be used to support the Roads Construction Capital Improvement Program. Reserves . The General Fund reserve for cash flow is $8,000,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract A!!encv Fundin!! . The Board of County Commissioners will not fund any non-mandated social service agencies. External ODeratin!! and Capital Proiect Fundin!! Reauests Agenda Item No.1 OG February 27,2007 Page 8 of 30 . External operating and capital budget requests should only be considered within the framework of the budget process. Requests for funding received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. Median Maintenance . Recognizing Unincorporated Area General Fund MSTD (111) as the appropriate, dedicated funding source for median beautification maintenance costs. Revenue Policies Carryforward . All funds that are unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforward revenue in the following year. . In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash. . General Fund balance is required to meet operating needs for October and November of a given fiscal year, prior to the receipt of any significant ad valorem tax revenue (ad valorem taxes represent 69.8% of the total FY 07 General Fund adopted revenues). Fund balance is also an important measure used by bond rating agencies in determining the County's credit worthiness. Staff from Moody's Investors Service was contacted previously to determine an appropriate level of carry forward revenue. Specific concerns for Florida communities were reliance on the tourism industry and sales tax revenue, and the ongoing threat from hurricanes and wildfires. For Florida coastal communities, a minimum carry forward balance of 10% of total General Fund expenditures was recommended. It was noted that bond ratings would improve as this percentage increased. Recommendation: The recommended level of fund balance in the General Fund should be a minimum of 10% of actual general fund expenditures, with a maximum fund balance level of 15%. If fund balance exceeds the 15% level, the surplus above the 15% level should be used to fund non-recurring costs, as fund balance is a non-recurring revenue source. Maximization of Impact Fees . Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Indirect Cost Allocation Plan . The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 08. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. Enterprise Fund Payment in Lieu of Taxes Agenda Item No. 10G February 27, 2007 Page 9 of 30 . The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu oftaxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Administration Policies Debt Senrice . Any capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Interim Financin2: · Collier County may also borrow funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. . The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. Budget Policies Affecting Capital Projects Ad Valorem Capital Fundin2: . Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. This provides some built-in protection against loss of purchasing power due to construction inflation. During the period from FY 91 to FY 98, the General Fund capital allocation was 1.0000 mills annually. In comparison to these prior fiscal years, this capital allocation is under funded. Capital Improvement Pro2:ram (CIP) Policies . On an annual basis, the County shall prepare and adopt a five-year Capital hnprovement Element (CIE) consistent with the requirements of the Growth Management Plan. The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. . Capital projects attributable to growth will be funded, to the extent possible, by impact fees. · Capital projects identified in the five-year CIE will be given priority for funding. The five- year pIan for water and wastewater CIE projects will be based on projects included in the adopted master plans. . Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. Agenda Item No. 10G February 27, 2007 Page 10 of 30 . The respective departments during the budget process will identify annual operating expenses associated with capital projects. . Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total proj ect budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. Three-Year Budget Projections Ad Valorem Tax Funds (FY 08 - FY 10) Agenda Item NO.1 OG February 27, 2007 Page 11 of 30 The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund (111 ). General Fund (001) Milla2e History As a point of reference, the following graph plots the historical General Fund millage rate, as well as the projected millage rates from FY 08 through FY 10, based on the assumptions in this analysis. Millage General Fund Millage History FY 96 . FY 10 4.7 4.5 4.3 4.1 3.9 3.7 3.5 3.3 3.1 2.9 2.7 2.5 3.8772 3.8772 3.8772 3.8172 3.8772 3.6469 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 Fiscal Year Milla2e Rates Based on the assumptions used in this analysis, the FY 08 General Fund projected millage rate is as follows: Fund General Fund FY 07 Adopted MilIa e Rates Net Ine. (Dee.) per $100,000 Taxable Value FY 08 Pro j eeted Milia e Rates 3.5790 3.5790 $0.00 Agenda Item No. 10G February 27, 2007 The projected millage rate assumes an 8% increase in taxable value in FY 08. The Propertypage 12 of 30 Appraiser will provide preliminary taxable value estimates on June 1,2007. Actual and assumed increases in County taxable values were as follows: Historical Increases in Collier County Taxable Value (FY 97. FY 10) 30.00% '1 27.50% ..:, I 25.00% -i 22.50% ~ 20.00% 1 17.50% ' I 15.00% ~ , 12.50% l 10.00% . 7.50% ~ 6.74% 5.00% l 2.50% ..: 0.00% 25.40% FY 97 FY 98 FY 99 FY 00 FY 01 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY 08 EXDense AssumDtions . All services provided currently will be funded in FY 08. . Allocation for compensation administration - 5.85%. . Retirement rates based on adopted legislative bill. . 2% attrition rate was assumed in the County Manager's Agency. . 4.1 % increase in budgeted operating expenses/capital outlay. . Capital projects funding equals 0.3333 mills annually. ($27.7M in FY 08). . Stormwater capital funding equivalent to 0.1500 mills ($12.5M in FY 08) . Sheriff Impacts- $3,054,500 plus inflation . Bailiffs - $572,000. . Retirement Rate Increase -- $427,900. . Estates Substation staffing- $1,311,000. . Youth Relations Deputies (new schools) - $ 743,600. · General Fund support of road construction - $24,000,000 . Increase in payment to Naples CRA - $200,000. . Increase in allocated insurance - $400,000. . Increased General Fund support of EMS - $3,291,400. · Increased support of road maintenance - $1,743,700. Agenda Item No. 10G February 27, 2007 Page 13 of 30 Revenue Assumptions . Ad valorem tax revenue forecast is 96.65% of actual taxes levied. . Sales tax revenue increased 3.0% annually. . State Revenue Sharing increases 3.5% annually. . Constitutional Officer turnbacks were based on an average of historical receipts. . No gas taxes allocated to roadway maintenance. Other Funds/Factors Impactine the General Fund Individual analyses of the Road and Bridge Fund, and the EMS Fund, and the road construction program were undertaken to determine the relative impact on the General Fund. Road and Bridee Fund Gas taxes are now used exclusively for road construction, resulting in a General Fund subsidy of road maintenance programs. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support of road maintenance activities was $5.9 million. During the period from FY 99 through FY 01, the required General Fund support was minimized, as the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in FY 01 in gas taxes for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As gas taxes are committed to support transportation bonds, no gas taxes will be allocated to roadway maintenance in FY 08. The historical and projected General Fund support required is as follows: Sales Tax Required for Road and Bridge FY 98 - FY 10 5000 23,002 25000 20000 Ui '0 C III ~ 15000 o .c t:. >< ~ 10000 = 5,912 iV Ul 5,736 6,056 o 98 99 00 01 02 03 04 05 06 07 08 09 10 Fiscal Year EMS Fund Agenda Item No. 10G February 27, 2007 Page 14 of 30 EMS is another fund that impacts significantly on the General Fund. The analysis assumes 3 additional EMS units in FY 08, 2 additional units in FY 09, and 1 additional unit in FY 10. Historical and projected General Fund support of EMS operations by fiscal year is as follows: General Fund Support of EMS FY 98 . FY 10 18000 16000 1:: 14000 o ~ _ 12000 ::J III 0"0 "0 Ii 1 0000 c: III .f 5 8000 '!~ ~ - 6000 CII C) 4000 2000 o 98 99 00 01 02 03 04 05 Fiscal Year 06 07 08 09 10 Annual rate increases are recommended for ambulance fees in recognition of the inflationary cost of providing this service. Road Construction Pro!!ram The Board approved road financing plan hinges on using growth in taxable value and maintaining the General Fund millage rate to provide growth dollars to meet the road funding commitments. In the adopted FY 03 budget, there was a $5,900,000 General Fund transfer to the road construction program. General Fund support of the road construction program in FY 04 amounted to $13,699,300 and the FY 05 level of support was $20,298,800. FY 06 support of $38,790,900 included using the $14,066,800 General Fund reserve for road construction. Based on the Board approved AUIR, the road-financing plan assumes the following General Fund support: $24,000,000 in FY 08 and annually thereafter. This commitment is depicted in the following graph. Agenda Item No. 10G February 27,2007 e 15 of 30 General Fund Support of Road Construction FY 03 - FY 10 5000 40000 -; -g 35000 III III 6 30000 .c e i 25000 Q. ~ 20000 "0 C ~ 15000 e ~ 10000 Gl " o 03 04 05 06 07 Fiscal Year 08 09 10 FY09 The projected General Fund millage rate is 3.6469 or $364.69 per $100,000 of taxable value. This represents an increase of$6.79 per $100,000 of taxable value from the projected FY 08 level. In addition to annual inflationary cost increases, the following items were included in the FY 09 budget analysis: . Sheriff Impacts- $2,347,200 plus inflation . Dept. of Justice - Human Trafficking - . Estates Substation staffing . Bailiffs- . Youth Relations Deputy (new schools) - $178,200. $1,311,000. $286,000. $572,000. . Capital projects funding equals 0.3333 mills annually. ($29.9M in FY 09). . Stormwater capital projects funding equivalent to 0.1500 mills annually. ($13.5M in FY 09). . Increased General Fund support of EMS - $748,665. . South Regional Library - $1,200,000. . Increased General Fund support of Road & Bridge - $1,277,900. . Payment to Naples eRA - $200,000. . Allocated insurance - $400,000. . Operational impacts of new facilities - $427,300. FYIO Agenda Item No. 10G February 27,2007 Page 16 of 30 The projected General Fund millage rate is 3.6132 or $361.32 per $100,000 oftaxable value. This represents a decrease of$3.37 from the FY 09 projected level per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following items were included in the FY 10 budget analysis: · Sheriff Impacts - $2,169,000 plus inflation . Estates Substation staffing- . Bailiffs- . Youth Relations Deputy (new school) - $ 1,311,000. $ 286,000. $ 572,000. . Capital projects funding equals 0.3333 mills annually. ($32.3M in FY 10). · Stormwater capital projects funding equivalent to 0.l500 mills annually. ($14.6M in FY 10). . Increased General Fund support of EMS - $1,290,485. . Increased General Fund support of Road & Bridge - $1,010,200. . Allocated insurance - $400,000. . Payment to Naples CRA - $200,000. Summarv and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario and not on specific FY 08 budget requests. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. It must be noted that there are multiple proposals that would impact ad valorem tax revenues funding County government programs. These proposals include doubling the homestead exemption, portability of the Save Our Homes exemption, an exemption for the first $25,000 in tangible personal property (TPP) valuation of a business, and limiting the assessed value increases of all non-homestead property to the lower of 3% or the Consumer Price Index. Sheriffs Office staff indicated that estimated budgetary increases do not include investigators, dispatch, validation, training, or other support staff that may be identified during the budget process. However, the analytical model also assumes that all services provided currently will be funded in FY 08-FYlO. Agenda Item No. 108 February 27,2007 Page 17 of 30 Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analvsis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. Assumptions were as follows in terms of increasing value of property in the unincorporated area: FY 08 - 8%, FY 09 - 8%, and FY 10 - 8%. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: FY 07 Adopted and Inc. (Dec.) per Unincorporated Projected Millage $100,000 General Fund Rates Taxable Value FY07 0.8069 $0.00 FY08 0.8069 SO.OO FY09 0.8069 $0.00 FY 10 0.8069 $0.00 FY08 The FY 08 budget projection includes annual inflationary cost increase of existing services and $500,000 for increased insurance expenses. The analysis projects a millage rate of 0.8069 in FY 07 or $80.69 per $100,000 of taxable value and allows for approximately $5,477,800 in additional discretionary funding. FY09 In FY 09, the projected millage rate is 0.8069 or $80.69 per $100,000 of taxable value; this is the same tax rate as projected in FY 08. In addition to annual inflationary cost increases, the analysis includes $4,816,500 in discretionary funding. FY 10 Assuming an 8% increase in taxable value in FY 10, the projected millage rate is 0.8069. This equates to $80.69 per $100,000 of taxable value; this is the same tax rate as projected in FY 09. In addition to annual inflationary cost increases, the analysis includes $1,408,100 in discretionary funding. Agenda Item No. 10G February 27, 2007 Page 18 of 30 General Fund FY 08 Revenue Prl\lec1lons Budget Forecast Budget % lncJ(Dec.) Dollar % FY07 FY07 FY08 Millage RaLe InclDec Change Revenues: Ad Valorem 276,339,300 267.081,900 297,792,700 0.0% 21,453,400 7.8% Del. TaxesIDeed Sales 375.000 375,000 375,000 0 0.0% Beach Parking Fees 1,078,000 1,078.000 1.110.300 32.300 3.0% BCBB Contribution 1,000.000 1.000,000 1,000,000 0 0.0% Sheriff Revenues 0 0 0 0 nla P.I.LT. 730,000 730,000 730.000 0 0.0% Revenue Sharing 9,213,100 9,600,000 9,936,000 722.900 7.8% Insur.mce Ucense 100,000 95.000 100.000 0 0.0% Federal Refuge 61,800 58,700 58,700 (3,100) -5.0% Alcohol Tax 155,000 155,000 155,000 0 0.0% Oil/Gas Severance 55,000 55,000 55,000 0 0.0% Misc. 167,700 167,700 167,700 0 0.0% State Sales Tax 35,545,400 35,000.000 36.050.000 504,600 1.4% Court Fees 0 0 0 0 nla Cost Allocation 9.127,800 9,127.800 9.709,600 581.800 6.4% FEMAlDCA 0 0 0 0 nla Enterprise Fund PII..T 3,433.500 3,433.500 3,605.200 171.700 5.0% Dept. Revenues 9.612.700 9.420.400 10,045.300 432.600 4.5% Subtotal 346,994,300 337,378,000 370,890,500 23,896,200 6.9% TDC 133.800 133.800 140,490 6,690 5.0% Comm. Dev. 126.200 126,200 132,510 6.310 5.0% MSTD (Ill) 389.600 389.600 409.080 19.480 5.0% Recording Fees (178) 351,400 351.400 368,970 17,570 5.0% MOlor Pool (522) 0 0 0 0 nla Roads (313) 202,800 202.800 212,940 10,140 5.0% Revenue Sharing (204) 0 0 0 0 nla Pollution Control (1 14) 5.200 5,200 5,408 5.408 4.0% Solid Waste (470) 0 0 0 0 nla Utilities (408) 341,500 341,500 355.160 13,660 4.0% Museum 59,800 59,800 59,800 0 0.0% Total Transfers 1,610,300 1,610,300 1,684.358 79,258 4.6% Turnbaw: Qerk of Courts 17,581.600 17.581,600 15,000,000 (2.581,600) .14.7% Tax Collector 5,500.000 5.500.000 5,500,000 0 0.0% Sheriff 0 0 0 0 nla Property Appraiser 200,000 200,000 200.000 0 0.0% Supervisor 200,000 200.000 200,000 0 0.0% ToW Twnbacks 23.481,600 23,481,600 20,900,000 (2,581,600) .11.0% Cany Forward 40.638,100 65.809,900 40.164,030 (474.070) -1.2% Refunds 0 0 0 0 nla Revenue Reserve (16,893,300) 0 (18,059.043) 0.165,743) 6.9% Total Revenues 395,83 I ,000 428,279,800 415,579.800 19,754.045 5.0% (91'--0 OOM ,..-0..... .N 0 o -0) Z~..- E :>. Ul CV"-Ol _roro -:::lo... ro"- -0.0 c:CV CVI.l- OJ <( .. '" i:: l!! ~ " ~ I l .:l ~ ~ ~~g.!! i! ni p:~~ " it ; B ~~!~~~~~~~~~~~~~~ ~~~.~~~~~.~ ~~. ~~ ~! ~~~~~~~~~~~CC~~~~ ~~~~~~~~~;: ~~~~ Nt""I ~-'"l. N ~-:'CI': .-l _ M-.... 0001 '" i::J ~~82~~~~~i~OO;8~~ ~~~~~~~~~~~ ~~~~ ~~~~~:~~~i~ ~q~~ _.~ _ ~N~_~ :-~- OOOOOQOCl~O ~ OO~~~ er-:...: "'55 IS..!! il o=< ~~~~~~~~~~~OQ~O~~ O~~ON~~~-~- --~ =~5M~~55~~: ~ ~~ ,., '" '" ~~ .:~ - \:I 1ii 0.); ~~~~~~~~~~~"''''~'''~~ ~~~~~~~=~8g ~ ~~ r-: ~-:o"';'oIi v) If"i"'; ,., '" '" OOClOOOOO~ '" '" "'''''''~o~o o ($ '" '" ~it , '" ~.. -'" ~~~o~~~~oo~oo~o:o ~ "ll: "'1 r: t'i "l. "1. l"\ ""~..... ~~~ ~~~~ :b ;1; ~ q~ o-,CIOIo"}."1. - ~ OJ. _1"'1 ~- l!J ~ ~ g n .tcl'i ~@~C~~~@"''''~OO@O~O ~~g ~~~~ ~ ~ ~ _~ ..c_ ~ ~ ...01 t! ~~~~~~~~~~~OO~O~~ =~i~~~~~~8~ ~ g; ...;~~ ~N~"':~ g g~ ~~~~'S~~~ 8" 0 M 0 -;,' ~ oo~~o8og -:a o. "1 oc!, ...c..,.., ...... lI"I ~c ~ ~ '" '" O~~~080~ . . . "t . ~M'" ~., 00 ..c _ ;, 0 . -. ~ .'~ It"!. OCI r- "1;"':; ~ o~~~o~o~ ~~i c.: r; oO~- ~ 2 ~!~~~~~~g~~~~~~~~ cioO~O~S~009=~ ~2~ ooo~o~~~ooio~o~~~ s: ::;~~ 8 ~ ;;:q~ M r-- .... \C MMt"'" -- __ -~.roi~ ~~~~~~~~~~~~~Q~~~ ~~~~~~~~~~~~~ g~~ NM ~""Nr--d .~~ ~~~ N N" - ~ ~~~~~~~~~~~~~"'~~~ ~~~~~~~~~~8~~ ~~: N~ ~_N~~ ~~~ q~~ M ::: ~ ~ ;::NE:: :l! ~ ~;;:;- g 8 ~;;t: ~ ~ IS ~ ~ .9lS~ i! :~ :J~ ~ ~ ~ ~ 8 !I' ~ .B -g 11 l J\ ~ ....€ 8 ~ .il ~ ,~ .g ~]. ~ ~ i~ '... ~ ~ If ~ ~ ] e- '8 ~ ~ ~ ] fodn ~g K ~.g ~ ~ ~ If ~ e ~ ~.~ ~"2 ~ H ~ f .~ ~ ~ i N tl~! ~rj~A~ ~t~I'I'~lr 8i~~~il!~~liiri~~i~ ~ -; ~ 0 ?;> .ij & "e &. '" 0 tI 0 < al r.r.;. :f.~ .. '., U A:: i "g _ < -< p (/) .oj ~ e III Ji ~ 6. oM ~ Ol~~J~~::;:o~l~ttl~I~]~~ ]1111Jl1~JI;~~~11Rllt I~S~ mUO~U <~~~U~W~~~~~~UU<UC~~~~~~~<~U~~U~< O~U~ 1t'1t'ol'l!' "''''ll''''''''''ol'''' OOll"lOIrlQOOI"""ONO odr--:o.ociocidr::::icicr::i..n -- - - -.....- 8~:~~~~28~~~ r-: r-: ~ I"""~ ~ "i c:. -.; f't '1:1. c:t r-: _'OrrlNII"'IV'I~""I"""II"'IGOoO _tf"'l,tr\.......II"IV"'lNV'. 1--.. II'l ....rrl - - -I' ::i ...:...: ~~ ~~=A~~~~~~~~&~~ ~~~~~~~~~~~~ .,.. ~""II"'I ~ .... 8:!:: - "'... 80 "l ~ 8 ~ '" q 8 1!i o 8. ~ '" ~ ~ '" ~ ~ ~ ~ 5 o i ~ '" !S ~ :Q go ~ ~ ~ $ B ~ ~ B ~.~~~~~~~~~~~~ ~~~5~~~~~~~~~~~ 'I'l _...PoI"'I ..... N ,,",Ilf"\OO ~ .... ~~~ 5 ~ 1 .~ :0 ~ ~ ;f l '" ~~ ~ ~ ,~e ill .l: [l ~ 11t:;l! ~,i -':' ;l!.q r; ~ h ~ ~ H a n R~ ~ e ~ Ii:' ~ < :a "0 'E 'E ... ~ ~ li -" -" .c 'C ll. ci. u u &. 8. .. - ~ ~~~~~J:l~~~~~!Lf Agenda Item No.1 OG February 27,2007 Page 20 of 30 General Fund FY 09 Revenue Projections Budget Forecast Projection % Inc.l(Dec.) Dollar Percent FY08 FY08 I<l' 09 Millage Rate Inr/Dec Change Revenues: Ad Valorem 297,792,700 287,816,645 96.65% 327,716.500 1.9% 29.923.800 10.0% Del. TaxeslDeed Sales 375.000 375,000 375,000 0 0.0% Beach Parking Fees 1,110,300 1,110,300 1.143,600 33.300 3.0% BCBB ConUibution 1.000.000 1,000,000 1.000,000 0 0.0% Sheriff Revenues 0 0 0 0 nla P.l.L.T. 730.000 730,000 730,000 0 0.0% Revenue Sharing 9.936.000 9.936,000 10.283,760 347,760 3.5% Insurance License 100,000 100,000 100,000 0 0.0% Federal Refuge 58,700 58,700 58,700 0 0.0% Alcohol Tax 155,000 155,000 155,000 0 0.0% Oil/Gas Severance 55,000 55,000 55,000 0 0.0% Misc. 167,700 167,700 167,700 0 0.0% State Sales Tax 36,050.000 36,050,000 37,131.500 1,081.500 3.0% Court Fees 0 0 0 0 nla Cost Allocation 9,709.600 9,709,600 10.000,900 291.300 3.0% FEMNDCA 0 0 0 0 nla Enterprise Fund PILT 3,605,200 3.605.200 3,785,500 180,300 5.0% Dept. Revenues 10.045.300 9,844.394 98.0% 10,497.300 452.000 4.5% Subtotal 370.890.500 360.713,539 403.200,460 32.309,960 8.7% TDC ]40,490 140,490 148,900 8,410 6.0% Comm.Dev. 132,510 132.510 139,100 6,590 5.0% MSTD (ll I) 409,080 409,080 429,500 20,420 5.0% Recording Fees (178) 368,970 368.970 368,970 0 0.0% Motor Pool (522) 0 0 0 0 nla Roads (313) 212,940 212,940 212.940 0 0.0% Revenue Sharing (204) 0 0 0 0 nla Pollution Control (l ]4) 5,408 5,408 5.408 0 0.0% Solid Waste (470) 0 0 0 0 nI. Utilities (408) 355.160 355,160 372.900 17,740 5.0% Museum 59.800 59.800 59.800 0 0.0% Total Transfers 1,684,358 ] .684.358 1,737.518 53.160 3.2% Tumbacks: Clerk of Courts 15.000,000 15,000,000 13,500,000 (1.500,000) -10.0% Tax Colleclor 5,500,000 5,500,000 5.500.000 0 0.0% Sheriff 0 0 0 0 nla Property Appraiser 200,000 200,000 200,000 0 0.0% Supervisor 200,000 200,000 200,000 0 0.0% Total Tumbacks 20.900,000 20,900,000 19,400,000 (1,500.000) -7.2% Carryforward 40,164.030 4O,l64.030 26,841.090 (13.322.940) -33.2% Refunds 0 0 0 0 nla Revenue Reserve (18,059.043) 0 (19,659.978) (1,600,935) 8.9% Total Revenues 415,579.800 423,461,927 431,519,088 15,939,245 3.8% c:p- 0 OOC'? .....0_ NO ci -..... Z[:::jN E >>Q) Q)'-OJ ......rorn - :::Ill. rn'- -0.0 CQ) Q)IL OJ <C go i:: ,~ i1 'f' ... ! ll. .:l ~ ] e il " - rl rl 2l !i ~ .. 1 ,t",::. - .. 5 C ~.l! d::u ~~~~~~~~~~~~~~~~~~~~~i~~~ .~~~~.~.~~~ ~~~~ o~~ 8' ~ cr. "'7' ~ ~~~~t~~~~~~~~~~~~ oocidM~g~o~od~ ~g~ OC008~~~C~CC8C~~S "';"":N'''': r--: oooor: r--r- _ ...r--. ~ ~ ~N~ ~~~~~~~~~~~~~o~~~ ~~~~5~~~~2~~~ ~Rq M _ ... r"l .....NN N N'" - :::: ~~~~~~~~~~~~~c~~~ E~~g~~~g~~~~~ ~~~ ... 1'l ~ ~ :!;,...,~ ~ ~;;; 8 . ::: t:: !!,:; ~ ::- ~ E - B :l IIlolI ~ if: 8 V) ,[ ~ -g E t'8 .. fiI ~lf ::Iu:::I>.i ~~~ ~e~~ag]~~. E "~~~ 1~11~~g~~~ I i: ~ I!. U f- ';0 ~ ~ '" !l '"6 ell ~ '5, ';; f ~~i]~~~ii~~li~t~g~ f-~~~~~~O~~8~~68~uf- "'.. "''''........... "''''''' ,,",O-OOOOOOQNOC "';'r"ilQg"";~oOl'iciM..:)ri o:'"')GO....lXlV\V'>CI#"lQ"'"I.......... ~~~~~.;;~~ ~~~ NOCIO....r--OOalOr- _NO'I ....._c:r.cor-_.... r---.... ..... C)\..N N ..a. '" ...; ~:j' ~~~~~~~~~~~~ ~~~~~~~~~~~~ 'G ("I"''''' ..c .... N- t'-- _ _f'O'l - ...... ~ '" .. gi ~ ~ '" .. 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"'" .suoi ~~~O~~~a~O~OO~O~O f"'a~'D Nlr'l-'f'lN N ~ M ~:..:I :;;:~$lt"I!:; ~ ~ ...;coi ...; .~~ ;::i ~ " 9 h ,tJl ~~~O~~~~~O~OO~O~O ~~~ ~S~~~ ~ ~ ~ -~ !::- :Q :Q :'1: i::! ~5~~~~~~5~~OO:~~~O~~~O~O~ g~~g~~~~~~~ ~~~~ 2~~ ~ ~ ~~~~~~~~~q~ ~~~~ ~~~ ~ ~ _.00 _ ~N~_~ ~-~- QQ~ ,... ~ . ~ i 1 i " ,a '2 ~ .. ~ iH! g ,; ~iS~ Jl~ :!!! ... ~ <3 ~ g 'f '. !. !'.: 11 .g 6 e.qil' ".g ~ .=6 ~.!:~~ I !JI! !i~ g..I~11 ~1:~j~1 1~~Jl~~~~~j~iill~~1~iJIJ11 0"'u~"'uo~~f~8fu~~f-~~u8<uQ~f- Agenda Item No. 10G February 27, 2007 Page 22 of 30 General Fund FY 10 Revenue PrQjections Budget Forecast Projection % Inc.l(Dec.) Dollar Percent }'Y09 FY09 FYIO Millage Rate InclDec Change Revenues: Ad Valorem 327,7] 6,500 3]6,737.997 96.65% 350,661.600 -0.9% 22.945,100 7.0% Del. TaxesIDeed Sales 375,000 375.000 375.000 0 0.0% Beach Parking Fees ],143,600 1.143.600 1,]77.908 34,308 3.0% BCBB Contribution 1,000.000 1,000.000 1,000,000 0 0.0% Sheriff Revenues 0 0 0 0 nla PJ.LT. 730.000 730.000 710,000 (20,000) .2.7% Revenue Sharing 10.283,760 10,283.760 10,643,692 359,932 3.5% Insur-mee License 100.000 100,000 100,000 0 0.0% Federal Refuge 58.700 58.700 58,700 0 0.0% Alcohol Tax ]55,000 155,000 155.000 0 0.0% Oil/Gas Severance 55,000 55,000 55,000 0 0.0% Interest ]67,700 167,700 167,700 0 0.0% State Sales Tax 37.13I,500 37,131.500 38.245.400 1,113,900 3.0% Court Fees 0 0 0 0 n1a Cost Allocation 10,000,900 10,000.900 10.300,900 300,000 3.0% Race Tr.ck 0 0 0 0 nla Enterprise Fund Pll..T 3,785,500 3,785,500 3,974,800 189,300 5.0% Dept Revenues 10.497.300 10,287,354 98.0% 10,969,700 472,400 4.5% Subtotal 403.200,460 392,012,011 428,595,400 25,394,940 6.3% TDe 148,900 148,900 ]56,300 7,400 5.0% Corom. Dev. ]39,]00 139, ]00 146,100 7.000 5.0% MSTD (111) 429,500 429,500 451.000 21.500 5.0% Recording fees (178) 368.970 368.970 368.970 0 0.0% Motor Pool (522) 0 0 0 0 nla Roads (313) 212,940 212,940 212.940 0 0.0% Revenue Sharing (204) 0 0 0 0 nla Pollution Control (l14) 5,408 5,408 5.408 0 0.0% Solid Waste (470) 0 0 0 0 nla Utilities (408) 372.900 372,900 391,500 18,600 5.0% Museum 59.800 59,800 59.800 0 0.0% Total Transfers 1,737,518 1.737.518 1.792.018 47,100 3.1% Turnbacks: Cleric of Courts 13.500,000 13,500,000 12,000.000 (l.500,000) -11.1% Tax Collector 5,500,000 5,500,000 5,500.000 0 0.0% Sheriff 0 0 0 0 nla Property Appraiser 200,000 200,000 200.000 0 0.0% Supervisor 200.000 200,000 200.000 0 0.0% Total Tumbacks 19,400.000 19,400,000 17,900,000 (1,500,000) -7.7% Carry Forward 26.841.090 26,Ml,090 28,116,521 1,275,430 4.8% Refunds 0 0 0 0 n1a Revenue Reserve (19,659.978) 0 (20,914.723) (1,254,745) 6.4% Total Revenues 431.519,090 439,990,619 455,489,167 23,962,725 5.6% (9t--O OOM .,-04- NO ci -M zt::iN E>-a> a>"-CJ) ..-curo -::::JD.... ro"- -0.0 cO) Q.)LL CJ) <( := i:: 1!! o ~ e "- !Ii i r:l ~ '8 ~ ~ ~ '" 2S~ n'S! .!:J5~ ;; ~ ~.2 .!:u ~~~~!~~!~~~~~~~~g1~~~~~~~ ..~~..~.~~~ .~.~ ~~~ ~ ~~ !~ ~~~~~~~~~~~oo~~~~o~~~oco~ ~S~~~~~~~~~ ~~~~ g~~ ~ NN =_~ N ~~: ~~~ ~ ell t! ~~~~;~~~~~~oo~~~~o~~~coo~ ~~~~~~a~~~~ ~~~~ ~~; ~ _.~ __~N~_~ NN~- ~~ ~ N l'<'l Co 0.. - I!.rl ".. i~ 0:1: oooooooo~oooo~~~o i ~~~ N N..o QO ~~~~~~~~~~~OO~~~~ =~~~~~~~~2~ 5~~; cO l>C"':~-=-""'~ ;M-i"': ~.. i:i d .c t OJj ~~~~~~g~~~9QO~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~~~8~i ~~~~ -~~~ ~~~q~ q~~~ co CCI_~_l:"- ~~~- oooooooo~ooeo~o~o ~.. 1;; ~~~O~&~~~O~OO~O~O (1'0...00 ""-f"'1V'lV"l - ..... 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'! ~~[l<llJLH~~~~~~ Agenda Item No. 10G February 27, 2007 Page 24 of 30 Road & Brldce Fund (101) Fiic:al YlI!llt 2101 Budael PY07 PY07 !'Y0ll !'YO. !'Y 08 .. Adopled Foruul C....." fupoud<d TOIII Buds<' Appr'OfIriatiOll Unit Bu~ Ex.p.!Rcv Servico Su-vlce Budi'd Change PcnonaI ServiCCl 14,:586,000 14.294.300 1:5.439,300 0 I ~.4J9 ,300 :5.9'1> Opcntio, UpenleI 6,'<0.300 6,950,300 7.120,800 0 7,120.800 4.1" CapltaJ Outlay 1.994-,800 1,994.100 2.000,000 0 2,000,000 O.3'1r Tr.,.fcn 403,200 403,200 403,200 0 403,200 0.0" Racrve.-Mml Booucs 0 0 0 0 0 N1A Atlriti{JII. (279.200) 0 (308.800) 0 (3".800) 10.6'1> R....... 1,104,100 0 1,228,000 0 1.228,000 It.2% TotAl AppmpriAlM>m 241,649,200 23.642,600 2:5,88'2.500 2',882.SOO S.O% ~ GuTaxclI 0 0 0 0 0 N/A Mobile Ho~ LiCClllCS 10$.000 105,000 10$,000 0 10$,000 0.0" Int.cn:al/Miac. 0 0 0 0 0 N/A Carry Forward 2,233,100 2.873,000 1,691,300 0 1,691.300 ~2".3% Traru:fer(131) 383,100 383,100 383,100 0 383.100 0,0,* Trarufcr(313) 554,500 3SO,$00 3SO,5OO 0 '54,'00 O.O,*, S.uJeI Tn, Trans. (001) 18,970.000 18.970,000 20,713,700 0 20.713,700 9.2" RcirmUllJeUlaitsIMilC.. 2,446,300 2.446,300 2,568.600 0 2,568,600 5.0% Rcvc:DUC Relel'Vc (42,800) 0 (133,700) 0 (133,700) 212.4" Tolal Revenue.! 24,649,200 25.333,900 25.882,500 25.882,300 $.0% Road & BridIe FumI (101) Filal "en 100' Budlt.1 FY08 FYD8 PY09 FY09 FY09 'lI Adoplc<l Fo<ccut c,."." nxplbdcd. T.w Bud&Q AppropriAlioft Unit Bud... ExplRev Service s.m.. Bud... Chao.. Pc.noual $ervi<:el& 15.439,300 J5,130,500 16.211,300 16,211,300 5.0% Op"..... Expuuco 7,120,100 7,120,800 1,334.400 7.334,400 3.0% Capital DuU.}' 2,000,000 2.000.000 2,000,000 2,000,000 0.0% TraMfcn: 4<l3,200 403.200 ..03,200 403,200 0.0% Reserve.Mail. BonllSCll 0 D 0 0 N/A Attrition (308,100) 0 ("4.200) (324.200) 5.011> Ruerv" 1,228,000 0 1.271,300 1.271,300 4.011> T<Kal AppropriatioN 25,882.500 24,6s.1,SOO 26,902,000 26,902,000 3.9% ~ Gas Taxa 0 0 0 0 N/A Mobile Mom:: LicelUlel 105.000 105,000 10',000 105.000 0,0% InleTC.ltlllMisc:. 0 0 74.900 74,900 N/A Carry Forw..a 1,691.300 1,691,300 1,361,100 1,361,100 -19.5% Transfer (1 13) 3&3.100 383.100 3&3,100 383,100 00% Tran.fer- (313) 5SO,5OG 554,500 SS4,SOO SS4.S00 0.0% Sa1e& TlIl~ Trans. (001) 20,713,100 20.713,700 21.991,600 21,991,600 6.2% RcimbUTllilllnMU 2,568,600 2.568.600 2,568,600 2..568,600 0.0% ReVUluc RCRn'c (133.700) D (131.'00) (137,400) 2.811> Total Rcyc:uuu 25,882,500 26,016,200 26,902.000 26.902,000 3.9% RDed & Bridle FumI (101) FOOll Yeu 2UI0 BDdICt FY09 PY09 FY fa FYID FY 10 % AOOpI<d p......" C,.,.." Expanded Total Suds" Appropriation Uah Bla.Igd EP.plRcv s..vkz Sc:tYioc Bud... OlaJIgt Pcraanal SuvWc. 16.211.300 1$,887,100 17,00l.900 0 17.021.900 !i.O% Operatiua ExpenIa 7.334,400 '.334,.400 7.554,400 0 7,554,400 3.0" CapitalOtillay 2,000,000 2,000,000 2,000,000 0 2,000,000 0.0% Tnon<f"" 403,200 403.200 <403.200 0 403.200 0,0% Raer'Ye~Mcrit Boolllell 0 0 0 0 0 NIA AtlritiOll (324,200) 0 (340.<00) 0 (3<0,400) 5.0% RelletVc:.1 1,277 ,300 0 1.328.800 1,328,800 4.0~ Total Approprilli0D5 26,902,000 25,624,700 21,967.900 21,967,900 4.0,*, ~ GuTuea: D 0 0 0 0 N/A Mobile Home Liccnau 1~,DOO 105,000 10",,000 0 10:'i,ooo 0.0% InlCft.tlMiac. .,....900 74,900 77.800 0 77,800 3.9% Cany FOf"Nd 1,361.700 1,361,700 1.414,700 0 1.414,100 3.9% Tnuufu(IJ3) 383.100 383,100 383,100 0 3S3,lOO 0.0<;1.. Trwnsr~ (313) $~,500 3$',500 534.500 0 3$4,500 0.0% Silt:' Tn. Trans. (OOt) 21.991,600 2J,991,6OO 23.001,800 D 23,oOl,loo 4.6% ReimbuneOlCllLll 2,S6ll,600 2.568,600 2.568.600 0 2.568,600 0.0% Re...enue RCltICII'YO (137.400) 0 (137.600) 0 (137,600) 0.1% Total Rt:YU\~ 26,!m2,OOO 2'.O3~,400 27,967.900 27.967,900 ..,O~ Agenda Item No. 10G February 27,2007 Page 25 of 30 Emergency Medical Services Fund (490) FY 08 Budget FY07 FY07 FY 08 FY 08 FY08 % Adopted Forecast Current Expanded Total Budget Appropriation Unit Budget ExplRev Service Servjce Budget QUlnge Personal Services l7,647.ooo 17.647.000 18.679.300 1.200,000 19,879,300 12.6% Operating Expense. 3.149,800 3,149,800 3,278,900 300.000 3,578.900 13.6% Capital Outlay 1.105.500 1,105.500 250,000 0 250.000 -77.4% Transfers 95,600 95,600 6,000 0 6,000 .93.7% Reserves 1,092,800 0 1.610,400 75,000 1,685.400 54.2% Total Appropriations 23,090,700 21.997.900 23.824,600 1,575.000 25,399,600 10.0% Revenues Ambulance Fees 10.907,000 9.816,300 11.343,300 0 11.343.300 4.0% Prior Year Revenue 0 0 0 0 0 N/A Trans. Gen1 Fund 11,Ol7,800 11.017.800 12.734,200 1,575,000 14.309.200 29.9% ImeresllMisc. 20.600 20.600 20.600 0 20,600 0.0% Carry Forward 1,691,700 1,437,900 294.700 0 294,700 .82.6% Revenue Reserve (546.400) 0 (568.200) 0 (568,200) 4.0% Total Revenue 23.090,700 22,292,600 23.824.600 1,575,000 25.399,600 10.0% Emergency Medical Services Fund (490) FY 09 Budget FY08 FY08 FY09 FY09 FY09 % Adopted Forecast Current Expanded Total Budget Appropriation Unit Budget ExplRev Service Service B uuget Change Personal Services 19.879.300 19.879,300 20.873,300 1,260,000 22,133.300 11.3% Operating Expenses 3,578.900 3,578.900 3.686.300 206,000 3.892.300 8.8% Capital Outlay 250,000 250,000 127,700 0 127.700 -48.9% Transfers 6,000 6,000 16,200 0 ]6.200 170.0% Reserves 1.685.400 0 1.728,000 73.300 1.801.300 6.9% Total Appropriations 25.399.600 23.714.200 26.431,500 1,539.300 27.970.800 10.1% Revenues Ambulance Fees ] 1,343.300 10,776.135 ] 1.797.000 0 11,797.000 4.0% Prior Year Revenue 0 0 0 0 0 N/A Tr.ns. Geo1 Fund 14.309.200 14.309.200 13,518,365 1.539,300 15,057.665 5.2% Imerest/Misc. 20.600 20.600 20.600 0 20.600 0.0% Carry Forward 294.700 294.700 1.686.435 0 1,686.435 472.3% Revenue Reserve (568.200) 0 (590.900) 0 (590,900) 4.0% Total Revenue 25.399,600 25.400.635 26,431.500 1.539,300 27,970.800 10.1% Emergency Medical Services Fund (490) FY 10 Budget FY09 FY09 FY 10 FY ]0 % Adopted Forecast Current Expanded Total Budget Appropriation Unit Budget ExplRev Service Service Budget Change Personal Services 22,]33.300 22,133.300 23,240,000 436,800 23,676.800 7.0% Operating Expenses 3,892.300 3,892.300 4,009.100 106,100 4.115.200 5.7% CapiW Outlay 127.700 127.700 127.700 0 127.700 0.0% Transfers 16.200 16.200 ]6.200 0 16.200 0.0% Reserves 1.801.300 0 1.862.500 27,100 ] .889.600 4.9% Total Appropriations 27.970,800 26.169,500 29.255.500 570,000 29,825.500 6.6% Revenues Ambulance Fees 11.797,000 11.207.150 12,268.900 0 ]2,268,900 4.0% Prior Year Revenue 0 0 0 0 0 N/A Trans. Goo1 Fund 15.057,665 15,057.665 15.778.150 570.000 16.348.150 8.6% IntcrcstlM'isc. 20.600 20.600 20.600 0 20,600 0.0% Carry Forward 1.686.435 1.686.435 1.802.350 0 1.802,350 6.9% Revenue Reserve (590.900) 0 (6]4.500) 0 (614.500) 4.0% Total Revenue 27,970,800 27.971,850 29.255,500 570,000 29.825.500 6.6% C)r-o .;:;..0 C") ,- 10 - CD ~NN E >-<J.l <J.l~Q') ......rom -:::lll.. ('(l~ '0.0 c:()) <J.lLL :! ! I 01 )I! ..~~ i= Ii:: ~J Jf iJ ~ !: .. i'-o 11<11<"'01<"'''''''''''''''''' """N.....N_l-........N.. # '"ri~vi~...;.nlf"i:ed :g1ClG=i'r-_.....OONOOMr- ~t=:;O~O!CS~:!M ~.~~'ii~.o~.~~.~.~ ;;;;~i~~~~~i ..,.; 'ilfd~.. 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",i: UUU~8 ~1~5SH~ '!.i ....; ......ti~ H' !J SI!i 2 ~~ :l! .... ~ .., ~ ':.i ; ! l " ~ Agenda Item No. 10G February 27,2007 Page 29 of 30 RESOLUTION NO. 07._ A RESOLUTION PURSUANT TO SECTION 129.03, FLORIDA STATUTES, REQUIRING THE FY 07 TENTATIVE BUDGETS OF THE SHERIFF, THE CLERK OF THE CIRCUIT COURT AND THE SUPERVISOR OF ELECTIONS TO BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS BY MAY 1,2007. WHEREAS, Chapter 129, Florida Statutes, addressing the County annual budget, provides specifically in Section 129.03, Florida Statutes, that the Board of County Commissioners may, by resolution, require the tentative budgets of the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections to be submitted by May 1 of each year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 129.03, Florida Statutes, that the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections of the County of Collier, Florida, are hereby required to submit their respective tentati ve budgets for the FY 08 fiscal year to the Board of County Commissioners by May 1, 2007. This Resolution shall be effective upon its adoption. This Resolution adopted this 27th day of February, 2007, after motion, second and majority vote favoring same. ATTEST: DWIGlIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sU~,ciency: ~ ~ j}~~ a.. ~. David C. Weigel County Attorney 04-MBG-OJ09813 Item Number: Item Summary: Meeting Date: Agenda Hem No. 10G February 27, 2007 Page 30 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G That the Board of County CommiSSioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2008 (Michael Smykowskl. Director. Office of Management and Budget) 2127/20079.00:00 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/20120074:27 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budge-t 2120120075:10 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/2007 6:55 PM Agenda Item NO.1 OH February 27, 2007 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to award Work Order UC-280 in the amount of $997,252 to Mitchell and Stark Construction Company, Inc. to demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility for a SFWMD grant of $224,000, and to waive the work order threshold requirements under contract 04-3535 - Annual Contract For Underground Utility Contracting Services, Project 72501. OBJECTIVE: To obtain Board approval to award Work Order UC-280 to utilize the existing oxidation ditch as an irrigation quality water storage tank and demolish existing unused concrete tanks. The public purpose is to improve the level of service of the County irrigation quality water system. CONSIDERATIONS: This Project is consistent with the 2006 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on June 6, 2006, under Item 10(B). The project will help with extra storage to irrigation quality water during the off season. In accordance with the procurement policy of Collier County, under contract # 00-3119, Professional Utilities Engineering Services, dated April 10, 2001, staff approved a work order to Hazen and Sawyer, to provide engineering services related to the design, and permitting services for the Pelican Bay Decommissioning Phase I and II of the project. Phase I of the project was to disinfect the existing concrete tanks, filters, disconnect the pipes, and other related clean up of the facility. This project was completed in July 2005. Phase II is the final project phase. Phase II construction was initiated in accordance with the procurement policy of Collier County, wherein staff requested cost proposals from all five contractors under contract # 04-3535 "Annual Contract for Underground Utility Contracting Services" dated March 9, 2004. Staff received cost proposals from three of the contractors and concluded that Mitchell and Stark Construction Company, Inc. submitted the lowest, qualified and responsive proposal for this work. The proposal amounts are as follows: Total an Inc, $997,252 $1,001,350.00 $l,169,000.00 ........... The Engineer's estimate for this work is $1,395,635.00. The design professional's recommendation letter dated February 08, 2007 is attached. The selected contractor has satisfactory performance records on previous projects involving similar work. This project is eligible to receive a grant award of $224,000 from South Florida Water Management District (SFWMD) if construction is completed before August 30, 2007. Current estimates for completion are July 30, 2007. The recommended award exceeds Executive Summary Approve Work Order Pelican Bay Wastewater Plant Decommissioning Phase II Page 2 Agenda Item No. 10H February 27, 2007 Page 2 of 14 the quotation threshold of $750,000 as set forth in the contract. However, in order to receive the grant award of $224,000 from SFWMD which dictates the schedule of construction completion, staff had previously determined that sufficient time did not exist to solicit this work under a separate invitation to bid. Hence, staff is recommending that this work be awarded through the annual Underground Utilities Services agreement, from which, the referenced quotes were obtained. Staff concurs with the design professional Hazen and Sawyer that the costs are fair and reasonable, and therefore recommends award to Mitchell and Stark Construction Company, Inc. FISCAL IMPACT: The total amount of funds required for this obligation, including 10% contingency, is $1,096,977. Funds in the amount of $854,525 are available in project 72501. A budget amendment in the amount of $242,453, which includes the contingency of 10%, is necessary to fund this project. Funds in the amount of $242,453 are available in project 73160 for this budget amendment. The source of funds is Sewer User Fees Fund 414. This Project is consistent with the FY07 Capital Budget approved by the Board on September 22, 2006 10(A). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District; 1. Waive the work order threshold requirements and award work order UC-280 in the amount of $997,252 to Mitchell and Stark Construction Company, Inc., for the Improvements of Pelican Bay Wastewater Decommissioning Project- Phase II. 2. Authorize the necessary budget amendment. 3. Authorize the County Manager or his designee to execute the necessary work Order # UC-280. Prepared By: Shanthi Sridhar, Project Manager, PUED. ,..",.-.., Item Number: Item Summary: Meeting Date: Agenda Item No. 10H February 27, 2007 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Recommendation to award Work Order UC.280 in the amount of $997.252 to Mitchell and Stark Construction Company, Inc to demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility fm a SFWMD grant of $224,000. and to waive the work order threshold requirements under contract 04.3535 Annual Contract For Underground Utility Contracting Services. Project 72501. (Jim Delany. Administrator Public Utilities) 2/27/20079:00:00 AM Project Manager Date Prepared By Shanthi Sridhar Public Utilities Public Utilities Engineering 1110/200711:29:55 AM Principal Project Manager Date Approved By William D. Mullin, PE Public Utilities Public Utilities Engineering 1118120078:50 AM WasteWater Director Date Approved By G. George Yilmaz Public Utilities WasteWater 1/19/2007 11 :04 AM Ron Molly Operations Manager Date Approved By Public Utilities Wastewater 1119/20072:05 PM Thomas Wides Operations Director Date Approved By Public Utilities Public Utilities Operations 1/19/20074:46 PM A P P roved By Lyn Wood Administrative Services Purchasing Agent Date Purchasing 1/23/20077:54 AM Public Utilities Engineering Director Date Approved By Roy B. Anderson: P.E. Public Utilities Public Utilities Engineering 1/24/20071 :53 PM Contract Administration Manager Date App roved By Kelsey Ward Administrative Services Purchasing 2191200711:34 AM Public Utilities Administrator Date Approved By James W. Delony Public Utilities Public Utilities Administration 2113120078:35 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2/13/20072:05 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 2/16/20075:35 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/17/2007 9:54 AM It'-<::t 00"- ....0_ .N 0 o -<::t Z~Cl) E ~i? $coCl.. - :J CO.... 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I:: gj ~ ~ e~~ ZlXlroE? ::) III a. o c: o .~ 0:: ~ W :J ...J o o .-- WORK ORDER # UC-280 "Annual Contract for Underground Construction" Contract #04-3535, dated March 9, 2004 Agenda Item NO.1 OH February 27, 2007 Page 6 of 14 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bav Wastewater Plant Decommissioninq - Phase II The work is specified in the Bid proposal from Mitchell and Stark Construction Company dated February 7, 2007, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # UC-280 is assigned to Mitchell and Stark Construction Company (Firm Name) Scope of Work: To demolish some of the structures at the Pelican Bay Wastewater Plant and landscape the entire property as described in the RFQ dated January 29, 2007. Schedule of Work: Complete within 125 (one hundred and twenty five) days. liquidated Damaqes: Per Letter dated January 29. 2007 from Ms. Shanthi Sridhar, Proiect Manaoer. PUED, Collier County Government. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL $997,252.00 $997,252.00 Per Bid Proposal Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit 0 of the Agreement. PREPARED BY: Shanthi Sridhar, Project Manager Public Utilities Engineering Department Date' AUTHORIZED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Date APPROVED BY: Roy B. Anderson, Director Public Utilities Engineering Department Date MITCHELL & STARK CONST. CO., INC., By: $.~ ,/ ft-- ~.. ""., ,..-; Yf-1-an ~.enner, /'/ {itnes...:;;.es (2) -(1) ". ....... ~ Signatur' '~~t:;L(" /(1);- XtJ (~t: (Print Name) (2) lA~~pl ( ~ tt ~~ature M<,,-hc.--e.~ ~. \.tJ -€s HAc,- (-tor (Print Name) Approved as to Form and Legal Sufficiency: Thomas Palmer, Assistant County Attorney Agenda Item No.1 OH February 27,2007 Page 7 of 14 COLLlER COmJTY FLORIDA REQUE'ST fOR QUOTATION Pelican Bay Was~~ter Decotmnissicming I Abaudomnent Pha..~ n Due Date: February 07, 2007 fR,O'PQSAL P AS1i DUE DA TB: Pobruary 01, 2007 nt 4:00 pOl Th~ undersign~ as quater, hereby dectares tbat he has examined the specifications and infotmcd h.hnsG:lf fully in regard to all terms and conditions pertaining to the project and, if this PropoSlll is accept~:1. to fumiilh same in futl. according to the following: ~ Description Unit Price Total Price Scope dt$cribed in the Attached bid schedule $ 9f7.2S~- ! . --- TOTALBIDPRlCE S 9'!7r z..~?- ~.. IN WITNESS WHEttEOF. WE have hc:reunto subscn'bed our Dames on this 71lr day of ~~!:7-' 200f in the County of {.A Lt......... --J in the state of f-lo;.-vI &.. . 1 v.J.. t' f.c..WJ f ~~ e:. ~A.J-.. ~ ., $',. e. Firm's C01D}Jlete Lqa1. Name Phone No. "z'it1.. J'17.. z. t (" [ FAXNa. 'Z.f.q-rc.' - "'~<"f. Email:~~-<. 4."'-"-..~~~. u..... t"c 0' ~it.;V'/~ '5/.. Ad.drr:$$ rY~S (::.1... ~t/{o., City, State, Zip , BY: <f1' ~ S. ..f ....... ' 19na....", J.....!.P.:d Title' ~ pt ,.,..v' f CI;. 0 _ --:2. (...d 01 Name TypedlPrinted Date 4 Agenda Item No. 10H February 27, 2007 Page 8 of 14 COLLIER COUNlY DECOMISSIONING OF PELICAN BAY WWTP - PHASE 2 BID SCHEDULE Bidder proposes to furnish and install the following in accordance with the sco p;e of work: in the Contract Documents: No. Description Estimated Unit Unit Price Tot~11 Price Quantitv - 1 Mobilization and Demobifization 1 LS $15,000 $1 e"ooo - Demolition, removal and off-site 2 disposal of all mechanical equipment, 1 LS $35,560 $3e ,560 electrical equipment, piping and anciHary items from the Oxidation Ditch - Demolition, removal and off-site disposal of the Effluent Filters. 3 including entire concrete structure and 1 LS $17,900 $17,900 all mechanical, electrical and ancillary items - Removal and disposal of existing solid waste (sludge) from dry bed to 4 approved site (may be outside Collier 3 Load $3,000 $9,000 County). Approx. 3 Semi loads. Special handling may be required. " Demolition, removal and off-site disposal of the Chlorine Contact Tank, 5 including entire concrete structure and 1 LS $17,900 $17,!~OO all mechanical. electrical and ancillary items Demolition. removal and off-site disposal of the Slud.Qe Dil::!ester, 6 including entire concrete structure and 1 LS $22,000 $22,000 all mechanical, electrical and ancillary items - Disconnect the piping and other mechanical, electrical and ancillary items to the dryino bed. Repair cracks 7 on concrete structure if necessary and 1 LS $50,000 $50.000 install treated wooden frames with wire and mesh and hooks to hold plants (at least one gallon plant with dirt) to beautify the area. - Bid Schedule Page 1 of 4 Pelican Bay Decommissionlnq Phase 11 Agenda Item No. 10H February 27,2007 Page 9 of 14 COLLIER COUNTY DECOMISSIONING OF PELICAN BAY WWTP - PHASE 2 BID SCHEDULE - Demolition, removal and off-site disposal of the Effluent Pumo Station 8 and valve vault, including entire 1 L$ $10,000 $10,000 concrete structures and all mechanical, electrical and ancillary items Backfill and site grading to match 9 existing grades in all areas where 1 LS $20,000 $2(1,000 structures are to be demolished - 10 Coat exterior of Ground Storage Tank 1 LS $19,232 $H;,232 No.4 (converted from Oxidation Ditch) - 11 Removal and off-site disposal of all stockpiled landscspina waste 2,000 CY $15 $3(,000 - Excavation, soft~dig exploration and 12 removal of buried piping and utilities 1 L$ as required to install new utilities and $7,500 $7,5,00 as shown on the contract drawings Material, equipment and labor to excavate and install the 12-inch RWlRaw Water piping and fIttings 13 from the point of connection near 1 LS $67,200 $67,:200 Ground Storage Tank NO.1 to Ground Storage Tank NO.4 (converted from Oxidation Ditch) - Material, equipment and labor to excavate and install the 24-inch IQ piping and fittings from Ground 14 Storage Tank No.4 (converted from Oxidation Ditch) to the point of 1 LS $110,240 $11(i,240 connection with the existing 36-inch discharge 10 pipeline near Ground Storage Tank NO.1 - Bid Schedule Page 2 of 4 Pelican Bay Decommissionin~ Phase II Agenda Item No.1 OH February 27, 2007 Page 10 of 14 COLLIER COUNTY DECOMrSSIONING OF PELICAN BAY WWTP - PHASE 2 BID SCHEDULE Materia', equipment and labor to excavate and install the 16-inch IQ Overflow piping and fittings from 15 Ground Storage Tank No.4 1 LS $68,400 $6H (converted from Oxidation Ditch) to the existing 1.7 MG water storage lagoon Material. equipment and labor to 16 excavate and install 12-inch diameter 4 EA $12,950 $5~ manual plug valves Material, equipment and labor to 17 excavate and install 24-inch diameter 1 EA $20,370 $2(! manual plug valves Material, equipment and labor to 18 excavate and install 36-inch diameter 1 EA $89,500 $8€' manual plug valves Material, equipment and labor to 19 excavate and install 12-inch diameter 3 EA $21,810 $6E, motorized butterfly valves Material, equipment and labor to 20 excavate and install 24-inch diameter 1 EA $31,960 $31, motorized butterfly valves Material, equipment and Jabor to I 21 excavate and install 36~inch diameter 1 EA $56.800 $56, motorIzed butterfly valves Material, equipment and labor to 22 excavate and install 24-lnch diameter 1 EA $29,460 $29, check valves MOdifications to existing Oxidation Ditch for piping connections, including constructIon of bottom sump for outlet 23 piping, pipe penetration for overtlow 1 LS $47,000 $47, piping and pipe support for overflow piping (all by Crom Construction Services as subcontractor to general contractor) Inspection and remedial work at Ground Storage Tank No.4 24 (converted from Oxidation Ditch) by 1 LS $25,000 $25 Cram Construction SelVices (subcontractor) ,400 ,800 ,370 .500 430 '360 aDo 460 ODD 000 Bid Schedule Page a of4 Pelican Bay Decommissionin{; Phase" Agenda Item No. 10H February 27, 2007 Page 11 of 14 COLLIER COUNTY DECOMISSlON1NG OF PELICAN BAY WWTP - PHASE 2 BID SCHEDULE Allowance Account for purchase and Installation of gazebos and 25 landscaping including sodding and 2 LS $30,000 $60, irrigation installation (including sprinklers) for the entire area inside the fence to the east of GST #1. Removal of trees I exotics and removal and replacement of damaged perimeter fencing along north, south $100 $.20, 26 and east site boundary; and 200 FT repair/replace fencing to be determined following removal of exotics. 000 oDD TOTAL BID PRICE $997,252.00 Bid Alternate Item to Item 6: Demolition and removal and off- site disposal of all the equipments inside the Sludge Digester. Cut- in 20' wide opening facing South 1 LS $65,000 $65,000 of the property leaving 6" from the bottom of the tank as is. Cut -in the entire circumference of the tank leaving 5' from the bottom of the tank. 6' vinyl coated chain link fence along with necessary rod to support the fence be placed on top of the 5' high steel wall tank so the total height of the tan k to be 11' (steal wall + chain link fence) from the bottom of the concrete base. Install three drains slots at the bottom of the tank to clean the concrete floor along with wooden plug. The existing digester tank shall be painted in accordance with painting and surface preparation requirements of Specification Section 09850, Paragraph 3.07 (Paint Schedule), Item B (Metal Surfaces, Exterior EXPosure ). Bid Schedule Page 4 of 4 Pelican Bay DElcQmmlsslonin~! Phase II :r:r-7 00..- ..-0.... .N 0 o -N ZS:i..- E >. (]) Qj~Cl ......com -::la.. CU~ -0..0 c:Qj QjLL 0) <! ..... .. 0 - .., It) a N I'> ',' 1='"'''' " -,.", -. - ._, ".. "'.......",,,.,...... .,..,. ... ~ " "';0_.,.".", ."r"'..._'.. ,.... M .. 0 CIO - a 0 ,..., -"'" z 0 N .... N .. - u a Q) - ..-... '0' ... .. ... - a.. -- a .., .. - a _... .- _u_. _.u_", -, .. ~ ,"",,0 " -. ,.~. -"." ",...-.... ,-...,.'" -. M .. ,... - a 0 ... ,"'"". Cl N N .. . I ,... - . 0 a >- " _r'" . - . ... ... .. - a - - - ,-'" .., .. - a " C', ~r' ... ""',"''' -. ~ ..'" ""..."" .. '''~'''' .. ...-." _..><~. '0 III .... g M .. <:: :5 III - '" 'E a - III 0 :5 I--- ~[ ~ a; ~ ~ '0 N .l: .. .i:! :;:; 0 <:: = - :J ;: " a :E 0 Q) "'~. 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C .S .l: (j 0 ~ II> Q) .E tJ '" en III a.. III u; 'x :5 0:: III s::: 0 ~ Q) ~ E I- :~ s::: c E ... 0 0 ns z ~ .. '0 ro w :l QI ~ ~ c 0 e z > C- D. u - u 0 I- I'~ ns ~ .. w u ~ ....... :l U :l .. U oCt .'!: c ... 'i: ... u u en .. .. QI 0:: Q) 'tJ E (II .. (II Co QI c: '0' 'iij u ..... s::: ... c s::: (II 0 .2 ... ns QI QI 0 QI 0 C ... c:; a.. ...I D. 0 U W U M D. < HAzEN'AND SAWYER. Environmental Engineers & Scientists Agenda Item No. 10H February 27,2007 Page 13 of 14 Hazen and Sawyer, P.C. 2101 NW Corporate Boulevard, SuIte 301 Boca RllIon, FL 33431 561 997-8070 Fax: 561 997-8159 February 9, 2007 Ms. Sandy Sridhar, Project Manager COlliER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H Naples. Florida 34112 Pelican Bay WWTP Decommissioning - Phase II County Project No. 72501 Enaineer's Recommendation to Award Contract Dear Ms. Sridhar. Collier County received and opened three (3) bid proposals from Fixed-Term Utility Contractors for the above-referenced project. On February 8, 2007 we received the attached bid tabulation from you for evaluation. A summary of bid totals is as follows: 1. Mitchell & Stark 2. Quality Enterprises USA 3. Douglas N. Higgins $ 997,252.00 $1,001,350.00 $1 r 169,000.00 The apparent low bidder is Mitchell and Stark Construction. The Engineer's opinion of probable construction cost was $1,395,000.00. As such, we recommend award of this project to Mitchell and Stark Construction for the amount bid. We appreciate the opportunity to assist the County with this project. Please call if you have any questions. Very truly yours, HAZEN AND SAWYER, P .C. ~~ Project Manager c: File 4101 ()-()()8 O;4101lJ-008LO03 N....Vort<. NY' Armonk. NY' Ram!llli'. N.J. Dslfllll, MI' Philadelphia, PA' :\aIeQh. NC' Charlolto, NC ofalrtax, VA' Atlanta, GA' Holiyw(>od, fL. Boca Ra1o~. fL' Fort Pierce. fL . 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OBJECTIVE: To gain approval from the Board of County Commissioners to obtain integration services and support pursuant to upgrading the County's SAP platform. CONSIDERATIONS: Collier County has been using SAP as its primary financial management application since January, 2003. The County is presently licensing and operating SAP version 4.6C. SAP is now offering its latest version of the software, ERP 2005. The new software will enable the Board, the Clerk of Courts, and the Supervisor of Elections agencies to modernize several business functions. The present version of SAP is currently in extended maintenance, which will expire in approximately eighteen (18) months; users are required to migrate to the new product in order to continue to receive technical support from SAP. Under the contract schedule, the County would be successfully migrated to the new version of SAP more than nine months prior to the end of the extended maintenance period. On November 15, 2006 the Purchasing Department solicited proposals for RPF 07-4092, "SAP Upgrade Project" to five hundred fifty (550) firms. On December 15, 2006 three (3) proposals were received. The Selection Committee met at the Organizational meeting on December 20, 2006, and was made up of representatives from the Clerk of Courts and the Board of County Commissioners. The Selection Committee reconvened on January 4th, 2007; after analysis of the proposals the Selection Committee ranked the firms as follows: 1. Labyrinth Solutions, Inc. d/b/a LSI Consulting (LSI) 2. Intelligroup, Inc. 3. Sage Group Consulting, Inc. The Selection Committee did not arrive at a formal consensus and requested that the number one firm, LSI, provide a presentation. On January 30, 2007, four (4) staff members from LSI provided a thorough presentation to the Selection Committee. Subsequent to the presentation the Selection Committee, by consensus, selected LSI as the number one firm. LSI offered the most competitive price proposal among the three firms. Immediately after the consensus, staff from Board of County Commissioner's purchasing department and the Clerk of Courts began negotiations with LSI. Successful negotiations were completed on Friday, February 9, 2007. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: During the FY07 budget process, $1,000,000 was appropriated to the SAP Upgrade Project 500171. The LSI contract amount of $1,209,999 plus a contingency of 5% ($60,501) for staff training, staff travel, and any other unforeseen costs are being requested for this project budget. Therefore, a budget amendment is needed to reduce the General Fund (001) Reserves in the amount of $270,500, to be transferred to the County Wide Capital Project fund (306) and to be placed into the SAP Upgrade Project 500171. Agenda Item NO.1 01 February 27, 2007 Page 2 of 19 The Clerk of Courts has committed approximately $1.2 million towards this project to cover the cost for upgrading the hardware and maintenance of licenses. RECOMMENDATION: That the Board of County Commissioners 1) awards Contract No. 07- 4092 to Labyrinth Solutions, Inc. d/b/a LSI Consulting in the amount of $1,209,999, 2) authorizes the Chairman of the Board to sign the standard County Attorney approved agreement after legal review and approval, and 3) approve the necessary budget amendments. PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department - Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Agenda Item No. 101 February 27, 2007 Page 3 of 19 Recommendation to approve the award of RFP #07.4092 SAP Upgrade Project to Labyrinth Solutions. Inc idba LSI Consultingjin the amount Of $1.209.999 iLen Price, Administrator, AdminIstrative Services) 2/27/20079.0000 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 2/15120072:19 PM Approved By Scott Johnson Administrative Services Purchasing Agent Purchasing Date 2/15120074:16 PM Approved By Linda Best Administrative Services Contracts Agent Purchasing Date 2/16/20077:35 AM App roved By Len Golden Price Administrative Services Admintstrative Services Administrator Administrative Services Admin. Date 2/161200712:34 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 2/20/20079:35 AM Approved By Susan Usher County Manager's Office Senior ManagemenUBudget Analyst Office of Management & Budget Date 2/2012007 2:50 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 2/2012007 2:57 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 2120120073:52 PM Agenda Item NO.1 01 February 27, 2007 Page 4 of 19 A G R E E MEN T No. 07-4092 for SAP Upgrade Proiect THIS AGREEMENT, made and entered into on this 27th day of February 2007, by and between Labyrinth Solutions, Inc. d/b/ a LSI Consulting, authorized to do business in the State of Florida, whose business address is: 1400 Main Street, Waltham, MA 02451 hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Contract Manager. The contract shall be for a two (2) year period, commencing on March 5, 2007, and terminating on March 4,2009. The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide the SAP Upgrade in accordance with the terms and conditions of RFP #07-4092, "SAP Upgrade Project" and the Consultant's proposal referred to herein and made an integral part of this agreement. Additional services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Consultant. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of one million, two hundred thousand nine, nine hundred and ninety nine ($1,209,999.00), dollars based on the prices set forth in Exhibit B, Billing Milestones and Project Deliverables, hereto attached and made an integral part of this agreement, subject to Change Orders as approved in advance by the County. Payments shall be made to the Consultant not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.5. otherwise known as the "Florida Prompt Payment Act". Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost Rental car Actual rental cost Lodging Actual cost of lodging at single occupancy rate Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Page 1 of16 Agenda Item NO.1 01 February 27, 2007 Page 5 of 19 Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Labyrinth Solutions, Inc. d/b/a LSI Consulting, Inc. 1400 Main Street Waltham, MA 02451 Attention: Stephen M. Smith Managing Partner FAX: 617-507-5628 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiarni Trail, East Naples, Florida 34112 Attn: Steve Carnell Director of Purchasing and General Services FAX: 239-732-0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 2 of 16 Agenda Item NO.1 01 February 27,2007 Page 6 of 19 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have mInlInUm limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the 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 Consultant or anyone employed or utilized by the 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. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Deparbnent. Page 3 of16 Agenda Item No.1 01 February 27, 2007 Page 7 of 19 13. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #07-4092, SAP Upgrade Project; Consultant's Proposal, Insurance Certificate, Consultants Additional Statement of Work Clarifications, Exhibit A, Scope of Work (SOW); Exhibit B, Billing Milestones and Project Deliverables; Exhibit C, Hourly Rate Ranges, and Exhibit D, Supplemental Terms and Conditions. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004- 05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. APPLICABLE LAWS: This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. Page 4 of 16 Agenda Item NO.1 01 February 27, 2007 Page 8 of 19 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Jim Coletta, Chairman Dated: (SEAL) CLERK OF THE CIRCUIT COURT LABYRINTH SOLUTIONS, INC. d/b/a LSI Consulting By: Dwight E. Brock Clerk of Courts By: Stephen M. Smith Managing Partner, Director of Operations Typed signature and title Typed signature and title First Witness Type/ print witness name Second Witness Type/ print witness name Approved as to form and legal sufficiency: Assistant County Attorney Type/print name Page 5 of 16 Agenda Item No. 101 February 27, 2007 Page 9 of 19 Exhibit A Contract 07-4092 SAP Upgrade Project Scope of Work (SOW) Project Preparation: . Overall completion of testing documentation (test scripts) has been set at 70% based on discussions with key Collier County personnel. . Collier County is responsible for preparing all test data and scripts. . Unit and Integration test scripts should be updated and available on the dates listed in the project plan. Project Scope: . The upgrade estimate is based on the assumption that this will only be a technical upgrade with minor functional corrections identified in RFP 07-4092 under Attachment A Specific Business Owner Module Requirements subsections entitled FixesfNew Reports and Technical Upgrade Requirements. . All new functionality identified in Attachment A under SAP Future Functionality is excluded from this estimate. . The estimate does not include any work effort for the following activities: archiving, new data conversion or a Unicode conversion. LSI agrees to provide the County with recommendations on a Unicode conversion. LSl is responsible for moving current SAP data tables from the current version to the upgraded version. County Internal Resources and Costs: . Collier County will own management of the upgrade project. LSI will provide timely technical project management direction and support to the County to complete the upgrade project. . Full time Collier County project management resources have been dedicated to the upgrade project (see Attachment A). .. The County will provide minimally 15.5 FTE's (see Attachment A) staff as project team members. . Collier County should plan contingency for additional County or consulting staff (see Review of County's Staffing Plan) . Collier County will be able to free the resources identified in the Staffing Plan and devote them to the upgrade project as described in Attachment A. . Internal staffing has been assessed by SAP Public Services Inc. at medium-high skill level. This level will be maintained throughout the project. . The Business User Community will be available to fully participate during the project preparation, testing, cutover & final go live activities on a part time and as needed basis. . No change in the key subject matter experts (SMEs) is planned during the upgrade. · By agreement, Collier County will be responsible for all costs related to hardware additions for the upgrade. . Collier County will be responsible for obtaining any and all software licenses required for the upgrade. Page 6 of 16 Agenda Item No. 101 February 27, 2007 Page 10 of 19 . Collier County will provide a team work area for at least 7 LSI Consultants as well as connectivity to the network, phones, desks, etc. . LSI Consultants will be co-located with their County counterparts . Collier County will provide access to facilities and hardware throughout the project engagement on a 24/7 basis except for County maintenance "downtime." . LSI Consultants will be responsible for supporting County staff in making changes to business process procedures and training the trainers. . The County is responsible for developing training materials, and delivery of training to users. LSI will be responsible for communicating to the County any and all business process changes as a result of the upgrade. . County staff will be responsible for entering and validation of production data. LSI Consultants will not enter data into the production system Preexisting Conditions: . The estimate assumes that there are no currently known technical systems or network performance issues in any SAP system . The estimate assumes that except for a known issue with workflow configuration being different in production (identified in Attachment A), all configurations in production has been migrated to the production system through the development and quality assurance systems, using the SAP Correction and Transport System. . The estimate is based on the understanding of preexisting issues in the current system documented in Attachment A of the RFP. Any preexisting issues not documented in Attachment A can result in changes in the estimate. Required Tasks: TASK I: Project Preparation Requirements of Hardware Architecture Go Live Date Milestone Planning Project and Activity Planning Resources and Budget Planning T ASK II: Upgrade Blueprint Identify Business Process Changes in the New Release Definition of Future IT Infrastructure Upgrade Process Design Administration Concept Security Concept Test Strategy and Planning TASK III: Upgrade Realization Build Upgraded Sandbox Freeze Development Upgrade Non-Production Landscapes (DEV) Upgrade Non-Production Landscapes (QA) Representation of Business Processes in New Release Acceptance Testing Downtime Assessment SAP Go-Live Functional Upgrade - Check Page 7 of 16 TASK IV: Final Product Preparation Final Integration Testing Training Delivery Production System Landscape Upgrade TASK V: Go Live Support Production System Upgrade Transport additional fixes per Appendix A Stabilization Agenda Item No. 101 February 27,2007 Page 11 of 19 End of Exhibit A Page 8 of 16 Agenda Item No. 101 February 27,2007 Page 12 of 19 Exhibit B Contract 07-4092 SAP Upgrade Project Billing Milestones and Proiect Deliverables Proiect Task Billing to commence 30 days after Notice to Proceed Task Duration Start Date Finish Date Milestone Pavment Project Preparation Requirements of Hardware Architecture Go Live Date Milestone Planning Project and Activity Planning Resources and Budget Planning Upgrade Blueprint Identify Business Processes Changes in the New Release Definition of Future IT Infrastructure Upgrade Process Design Administration Concept Security Concept Test Strategy and Planning Upgrade Realization Build Upgraded Sandbox Freeze Development Upgrade Non-Production Landscapes (DEV) Upgrade Non-Production Landscapes (QA) Representation of Business Processes in New Rei ease Acceptance Testing Downtime Assessment SAP Go-Live Functional Upgrade - Check Final Production Preparation Final Integration Testing Training Delivery Production System Landscape Upgrade Go Live Support Production System Upgrade Transport additional fixes per Appendix A Stabilization Reimbursable Expenses, Not to Exceed: Total 15 I 3/5/2007 1 3/26/2007 I 5 10 61,531 1 20,510 41,021 15 I 3/26/2007 I 4/16/2007 I 123,063 1 5 41,021 2 16,408 3 24,613 1 8,204 2 16,408 2 16,408 651 4/16/20071 7/16/20071 668,369 I 15 154,239 1 10,283 15 154,239 15 154,239 7 71,978 10 102,826 1 10,283 1 10,283 15 1 7/16/2007 I 8/6/2007 I 96,518 I 5 32,173 10 64,345 20 8/6/2007 I 9/3/2007 I 96,518 I 10 48,259 0 10 48,259 164.000 1,209,999 Page 9 of 16 Agenda Item NO.1 01 February 27, 2007 Page 13 of 19 Exhibit C Contract 07-4092 SAP Upgrade Project Hourly Rate Ranges Pro'ect Mana er FI/FM/CO/PS MM HR Basis ABAP, Forms BI PM (Plant Maintenance) SRM Workflow Grants Mana ement 175-195 160 - 175 155 - 175 170 - 205 155 - 175 125 - 135 160 - 185 $ 160 - 175 $ 170-200 $ 155 - 165 $ 160 - 175 · All rates are exclusive of travel · Assumes a one month minimum engagement Page 10 of 16 Agenda Item No.1 01 February 27, 2007 Page 14 of 19 Exhibit D Contract 07-4092 SAP Upgrade Project. Supplemental Terms And Conditions 1. SERVICES 1.1 Scope of Work. LSI will provide the services described in Exhibit A, Scope of Work (SOW). 1.2 Change Orders. If either party desires a modification to the Services, Work Product or schedule set forth in Exhibit A, or the addition of out-of-scope work to Exhibit A such party will submit its requested modifications in writing to the other party. The recipient of requested modifications may accept or reject the requested modifications, or present a counter-proposal, in its sole discretion. LSI may bill Customer, on a time and materials basis, for the work involved in analyzing the impact of any modification proposed by Customer. Changes to Exhibit A will be effective only when an authorized representative of each party executes a written change to Exhibit A that sets forth the changes to the Services and/or Work Product and any related changes to the schedule and charges (a "Change Order"). LSI will not begin any Change Order work until a Change Order is effective. 1.3 Method of Performance. LSI will determine the method, details, and means of performing the Services and providing the Work Product, provided that Customer may require LSI's personnel to observe Customer's safety policies and building rules when on Customer's site. Each party has the right to control its own personnel. Designation of a particular LSI individual does not preclude LSI's termination or re-assignment of the individual, provided that LSI replaces the individual with a person with appropriate skills. 1.4 Acceptance. The parties agree that acceptance criteria for any Services and/or Work Product should, if possible, be set forth in each project task referenced in Exhibit A, and in accordance with the RFP. Promptly following LSI's completion of any Services or delivery of any Work Product, Customer will examine the Services and/or Work Product to confirm conformance with specifications. If LSI has not received written notice from Customer within ten (10) business days following completion of the Services or delivery of the Work Product, the applicable Services or Work Product will be deemed accepted by Customer. Furthermore, if acceptance criteria are not specified in Exhibit A and/or the RFP, the applicable Services or Work Product will be deemed accepted by Customer on the date of delivery unless LSI receives written notice from Customer specifying the reason for non- acceptance within ten (10) business days after completion of the Service or delivery of the Work Product. 2. CUSTOMER RESPONSIBILITIES 2.1 Access .and Cooperation. Customer will provide the office accommodations, facilities, equipment, suitably configured computers (hardware and software) and personnel described in LSI's proposal or otherwise reasonably required by LSI. Customer acknowledges and agrees that LSI's ability to perform any Services and/or provide any Work Product in a timely manner is contingent upon Customer's making available in a timely manner the resources required of it in the RFP, making available the assistance and cooperation of Customer's officers, agents, and employees and providing complete and accurate Customer infonnation and data. In the event of a delay caused by Customer's failure to perform an obligation or make delivery of a necessary item in a timely manner, the date of performance of LSI's work will be extended for a period of time equal to the impact of the delay on the schedule. 2.2 File Back-up. Unless otherwise specified, Customer will maintain comprehensive file back-ups for files, data and programs that could be affected by the Services and implement procedures for reconstruction of any lost or altered files, data and programs that are affected by the Services. 2.3 Health and Safety Hazards. Removed 2.4 Work Rules and Conduct. Removed. Page 11 of 16 Agenda Item NO.1 01 February 27,2007 Page 15 of 19 2.5 Personnel Changes a. Personnel Schedule Changes. Customer may, in writing, request changes to the schedules of LSI Personnel, provided that LSI will charge Customer for Services that were to be performed by the affected LSI Personnel if Customer does not provide such request at least five (5) business days prior to the schedule change. b. Open-ended Assignments. Customer may, in a writing, request the end of an assignment of LSI Personnel to open-ended projects, provided that LSI will charge Customer for up to 15 days of Services that were to be performed by the affected LSI Personnel if Customer does not provide such request at least thirty (30) days prior to the end of the assignment. c. Extensions of Assignments. LSl considers its personnel for new deployments thirty (30) days prior to the expiration of an assignment. If Customer desires to extend the assignment of any LSI Personnel to a Customer project, Customer must notify LSI at least thirty (30) days before the scheduled expiration to assure continued availability. LSI will use commercially reasonable efforts to accommodate extension requests received less than thirty (30) days in advance. 3. TERMINATION - Collier County's Termination Language Prevails. 4. RELATIONSHIP OF THE PARTIES LSI is an independent contractor and nothing in this Agreement will be construed to make LSI and Customer partners, joint venturers, principals, agents or employees of the other. No officer, director, employee, agent, affiliate or contractor employed by LSI to perform work on Customer's behalf under this Agreement will be deemed to be an employee, agent or contractor of Customer. Neither party will have any right, power or authority, express or implied, to bind or make representations on behalf of the other. 5. COMPENSA TION: Removed 5.1 Fixed Price. IfLSI quotes a price for particular Services or a particular Work Product and such price is specified without qualification in the applicable Statement of Work, the amount quoted shall be deemed a fixed price. Unless the Statement of Work provides for progress payments or deferral of payment after completion, Client shall pay the full amount of the fixed price upon LSI's completion of the specified Services or upon Client's acceptance of the Work Product under such Statement of Work. A Statement of Work may alternatively provide for payment to be based on a fixed price for certain Services to be rendered over a specified period of time. Unless otherwise specified in the Statement of Work, LSI will invoice Client for periodic Services on a monthly basis. Invoices shall be prorated for any partial periods. 5.2 Invoice and Payment. LSI will invoice charges for third-party materials purchased pursuant to Exhibit A upon delivery of such materials to Customer. LSI will invoice charges for Services or Work Product provided on a fixed price basis in accordance with the agreed payment schedule set forth in Exhibit B. All invoices will be in LSI's standard form and, except for amounts reasonably disputed by Customer, will be due and payable within thirty (30) days from the date of invoice. Customer must raise any concern or dispute in writing within ten (10) days from the date of the invoice or the invoice will be presumed payable. Customer's dispute of any amounts will not delay its payment of undisputed charges and expenses to LSI. If Customer defaults in payment of any sum due LSI, LSI may suspend further performance. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act". 5.3 Taxes and Expenses. Charges do not include and Customer will not reimburse LSI for all taxes, including, but not limited to, sales, use, gross receipts, and ad valorem taxes, duties or similar charges imposed on the Services or Work Product (exclusive of taxes based on the property or net income ofLSI). As set forth on Page 1, Section 3, The Contract Sum, Customer will reimburse LSI for reasonable out-of-pocket expenses. All prices and Page 12 of 16 Agenda Item NO.1 01 February 27, 2007 Page 16 of 19 rates exclude costs incurred for additional requirements or expectations of the Customer not anticipated by the parties at the execution of this Agreement. Collier County is Tax Exempt, Federal ID # 59-6000558. 5.4 Interest; Collection Costs. Interest will accrue on amounts past due at the lower of eighteen percent (18%) per annum or the maximum permitted by applicable law. In any proceeding brought by LSI to collect amounts due, LSI will also receive its actual costs of collection, including reasonable attorneys' fees. This article is moot, refer to section 5.2. 6. CONFIDENTIALITY AND OWNERSHIP 6.1 Confidentiality. As used herein, "Confidential Information" means any and all non-public technical or business infonnation, including third party information, furnished or disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that, if in a tangible medium, the Disclosing Party has marked as "confidential," "proprietary" or similarly at the time of disclosure and that, if disclosed orally, the Disclosing Party indicates as confidential or proprietary at the time of disclosure and subsequently, within twenty (20) days after the date of such oral disclosure, confirms as confidential or proprietary in a writing sent to the Receiving Party that describes the information that is to be kept confidential. Each party will maintain all Confidential Information it receives from the other in confidence using commercially reasonable standards and no less care than it uses with its own information, and will use and disclose such information only as contemplated by this Agreement or as authorized by the Disclosing Party. Each party will require its personnel to do likewise. These obligations do not apply to information that: (a) is generally available to the public other than by a breach of this Agreement; (b) is rightfully received from a third party lawfully in possession of the information and not subject to a confidentiality or nonuse obligation; (c) is independently developed by the Receiving Party or its personnel, provided the persons developing the information have not had access to the information of the Disclosing Party; or (d) was already known to the Receiving Party prior to its receipt from the Disclosing Party. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Patty to the extent that such disclosure is: (x) approved in writing by the Disclosing Party; (y) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (z) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. In addition, LSI shall not be required to keep confidential any ideas, concepts, know-how or techniques developed during the course of this Agreement by LSI personnel or jointly by LSI and Customer personnel. Collier County must comply with Florida Public Records Act, found in Chapter 119, Fla. Stat. 6.2 Return of Confidential Material. Upon termination of this Agreement or the Disclosing Party's request, the Receiving Party will promptly return any Confidential Information of the other party or destroy such at the request of the Disclosing Party. 6.3 Ownership. Unless LSI and Customer agree otherwise in writing, the Work Products developed for Customer by LSI pursuant to this Agreement will belong to LSL This provision does not apply to third party works or products LSI provides to Customer or to LSI Materials (as defined below). Customer acknowledges that LSI is in the business of providing information technology consulting services and has accumulated expertise in this field and agrees that LSI will retain all right, title and interest in and to all LSI Materials. "LSI Materials" means all discoveries, concepts and ideas, whether or not registrable under patent, copyright or similar statutes, including, without limitation, patents, copyright, trademarks, trade secrets, processes, methods, formulae, techniques, tools, solutions, programs, data and documentation, and related modifications, improvements and know-how, that LSI, alone, or jointly with others, its agents or employees, conceives, makes, develops, acquires or obtains knowledge of at any time before, after or during the term of this Agreement without breach of LSI's duty of confidentiality to Customer. IfLSI Materials are included with or embodied in any Work Product, Customer will have a perpetual, irrevocable, nonexclusive, worldwide, royalty-free license to use, execute, reproduce, display, perform, distribute internally, and prepare for internal use "derivative works" as defined in the Copyright Act, 17 U.S.C. SlOl, based upon, the LSI Materials in each case solely in conjunction with the Work Product delivered hereunder. Any interest in Page 13 of 16 Agenda Item NO.1 01 February 27,2007 Page 17 of 19 the Services and Work Products granted hereunder by LSI to Customer shall be effective upon and to the extent of payment by Customer of the fees and expenses invoiced by LSI pursuant to this Agreement. 6.4 Residual Rights. Notwithstanding anything to the contrary in this Agreement, LSI and its personnel are free to use and employ their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of this Agreement so long as they acquire and apply such information without any unauthorized use or disclosure of confidential or proprietary information of Customer. 7. WARRANTY AND LIMITATIONS OF LIABILITY 7.1 Warranty and Disclaimer. For a period of ninety (90) days from the date of Customer's acceptance (the "Warranty Period"), LSI warrants that it will (a) perform all Services in a professional and workmanlike manner and (b) provide Work Products that conform in all material respects to the specifications set forth in the RFP. Customer must report any deficiencies to LSI in writing within the Warranty Period to receive warranty remedies. Customer's exclusive remedy and LSI's entire liability is to provide Services to correct the deficiencies. IfLSI is unable to correct the deficiencies, Customer is entitled to recover the fees paid to LSI for the deficient portion of the Services or Work Product. LSI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. LSI makes no warranties regarding any portion of any deliverable developed by Customer or by any third party, including any third party software, hardware, or other third party products provided by LSI. 7.2 Limitations of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER P ARTY FOR ANY LOST DATA, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each party agrees that the other party's liability hereunder for damages, regardless of the form of action, will not exceed the total amount actually paid for Services and Work Product under the agreement giving rise to the damages. Notwithstanding the above, the liability of Customer may be increased to include LSI's costs of collection of Services fees, including without limitation reasonable attorney's fees and court costs, subject to the limits of 768.28, Fla. Stat. The parties agree that amounts stated herein are fair under the circumstances and that the prices reflect this limitation of liability. 8. INDEMNITY - Collier County's Indemnification Language prevails. 8.1 Removed 8.2 Removed 9. NONSOLICITATION During the term of this Agreement and for a period of one (1) year after its termination, neither party will directly or indirectly (a) solicit for hire or engagement any of the other party's personnel who were involved in the provision or receipt of Services under this Agreement or (b) hire or engage any person or entity who is or was employed or engaged by the other party and who was involved in the provision or receipt of Services under this Agreement until one hundred eighty (180) days following the tennination of the person's or entity's employment or engagement with the other party. For purposes herein, "Solicit" does not include broad-based recruiting efforts, including without limitation help wanted advertising and posting of open positions on a party's internet site. If Customer hires or engages, directly or indirectly, any personnel of LSI in violation of (b) above, Customer will pay LSI a finder's fee equal to three times the monthly billing rate (assuming 168 hours per month) for such personnel. 10. DISPUTE RESOLUTION PROVISIONS Page 14 of 16 Agenda Item No. 101 February 27,2007 Page 18of19 10.1 Overview. Subject to each party's right to seek injunctive or equitable relief in a court of competent jurisdiction, each party agrees to attempt to resolve all disputes under this Agreement in accordance with the dispute resolution procedures set forth herein. 10.2 Informal. Each party will promptly notify the other in writing of any dispute. Each party's designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days. If the parties agree, a dispute may be mediated. The parties will select a mediator within twenty (20) days of agreeing to mediate. 10.3 ARBITRATION: Removed. 10.4 Statutes of Limitation. Reference 95.03, Fla. Stat. 11. GENERAL PROVISIONS 11.1 PUBLICITY: Removed 11.2 APPLICABLE LAWS: Collier County Contract Section 18 language prevails. 11.3 Export. Neither party will knowingly export or re-export or cause to be exported or re-exported any Work Product, to any country for which the U.S. government requires an export license or other government approval without first obtaining the required license or approval. 11.4 Duplicate: See Collier County Contract Section 4, page 2. 11.5 Entire Agreement ofthe Parties. This Agreement and the applicable Exhibits set forth in Contract 07- 4092, "Sap Upgrade Project" between the parties relating to the Services and Work Product provided by LSI and supersede all prior written or oral understandings, agreements or representations by or between the parties with respect to these subjects. Any modification or waiver of this Agreement is effective only if it is in writing signed by an authorized representative of the party to be charged. Provisions of a Customer purchase order or similar document are not applicable if they conflict with or add to the terms of this Agreement. 11.6 Waiver. No delay or failure by a party in exercising any right, power or privilege under this Agreement or any other instruments given in connection with or pursuant to this Agreement will impair any such right, power or privilege or be construed as a waiver of or acquiescence in any default. No single or partial exercise of any right, power or privilege will preclude the further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 11. 7 Survival. All terms and provisions of this Agreement that should by their nature survive the termination ofthis Agreement shall so survive. 11.8 Force Majeure. If either party is delayed or prevented from performing due to a cause beyond its reasonable control, including without limitation, strike, labor or civil unrest or dispute, embargo, blockage, work stoppage, protest, or acts of God, the delay will be excused during the continuance of the delay and the period of perfonnance will be extended as reasonable after the cause of delay is removed. If a delay continues for a period of more than thirty (30) days, either party may terminate an affected project task referenced in Exhibit B upon written notice to the other party and Customer will pay LSI for all work performed and expenses incurred through the effective date of termination. 11.9 Severability. If any provision of this Agreement is held invalid, void, or unenforceable to any extent, that provision will be enforced to the greatest extent permitted by law and the remainder of this Agreement and application of such provision to other persons or circumstances will not be affected. Page 15 of 16 Agenda Item No.1 01 February 27, 2007 Page 190f19 11.10 Parties in Interest. This Agreement is enforceable only by LSI and Customer. This Agreement is not a contract or assurance regarding compensation, continued employment, or benefit of any kind to any of LSI' s personnel or to any beneficiary of those personnel and those personnel or their beneficiaries will not be third-party beneficiaries of this Agreement. 11.11 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. 11.12 Assignment and Successors. Customer may not assign this Agreement without LSI's prior written consent, except that Customer may assign the Agreement without consent to an entity controlling Customer, in common control with Customer or controlled by Customer. This Agreement benefits and will be binding upon LSI, Customer and their respective successors, heirs and assigns. 11.13 Insurance. Collier County Contract, Section 10, Insurance, prevails. Page 16 of 16 Agenda Item NO.1 OJ February 27,2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid # 07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, Inc. to provide the installation and hookup of new Irrigation Quality (IQ) water lines to both the irrigation system and the chiller plant cooling towers on the Main Government Complex located at 3301 Tamiami Trail, East in the amount of $1,183,500. OBJECTIVE: To obtain approval to award Bid No. 07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, inc. for the installation and hookup of new Irrigation Quality (IQ) water lines to the irrigation system and the chiller plant cooling towers on the Main Government Complex located at 3301 Tamiami Trail, East in the amount of $1,183,500 as well as gaining Board approval for remaining funding to support this project. CONSIDERATIONS: Currently, Collier County Government's Main Complex water supply for irrigation and chiller plant cooling towers are on potable water supplied by the City of Naples. This project will convert those two large consumers of water over to County (IQ) water in an effort to conserve potable water and save the County money. -- The Main Government Complex irrigation system uses approximately 21,184,235 gallons of water a year, the cooling towers 11,169,000 gallons, for a total of 32,353,235 gallons a year at a rate of $1.83 per 1,000 gallons, equaling a cost of approximately $59,206 per year. Switching over to the County (IQ) Water will lower the rate from $1.83 to $0.39 per 1000 gallons, giving the County an annual estimated savings of $46,539 (a 33% savings to the County's Main Government Complex Water Bill). There were ninety-nine (99) bid notices sent and five (5) bid packages requested. November 24, 2006 was the bid opening and only one (1) bid package was received. Although the payback for this project is considerable (approximately 25 years), this will save the County 32,353,235 gallons of potable water a year and assist the County with its quest for sustainable or "Green Facilities". FISCAL IMPACT: The cost of this project is $1,183,500. Within the FY04-05 budget, $335,000 was allocated to for this project. The cost of the design was $88,000. Remaining balance is $247,000, leaving $936,500 still needed to complete this project. It is recommended that funds be transferred from the General Fund Reserves to 301 .as described within the attached budget amendment. County staff is currently investigating possible grant opportunities for this project. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners approves the award of Bid # 07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, Inc. to provide the installation and hookup of new (IQ) water lines to both the irrigation system and the chiller plant cooling towers on the Main Government Complex in the amount of $1,183,500 as well as the necessary budget amendments, as described within this summary PREPARED BY: Damon Gonzales, CFM, Facilities Manager, Department of Facilities Management Ilem Number: Ilem Summary: Meellng Dale: Agenda Item No. 10J February 27, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Recommendation to award Bid #07-4072 "Collier County Imgation Quality Water Project" to Douglas N. Higgins. Inc. to provide the installation and hookup of new Irrigation Quality (IQ) water lines to both the Irrigation system and the chiller plant coating towers on the Main Government Compiex located at 3301 Tamiaml Trail East in the amount of 31.183,500. (Len Price, Administrator. Administrative Services) 2/27/20079:00:00 AM Interim Facilities Manager Date Prepared By Damon Gonzales Administrative Services Facilities Management 2/6/20072:21 :29 PM Scott Johnson Purchasing Agent Date Approved By Administrative Services Purchasing 2/15/200711:57 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 2/15/2007 2: 30 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Date Facilities Management 2/15/20074:54 PM Purchasing/General Svcs Director Date Approved By Steve Carnell Administrative Services Purchasing 2/16/20077:34 AM Administrative Services Administrator Date Approved By Len Golden Price Administrative Services Administrative Services Admin. 2/16/200710:13 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2/20/2007 9;37 AM Susan Usher Senior Management/Budget Analyst Date App roved By County Manager's Office Office of Management & Budget 2/20/20073:38 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 2/20/20074:12 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2120/20077: 16 PM ,r-- (V') 00_ "-00 .N~o)lOi::i o .'" 0) iD lD Zr-- Q).. 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C)CO C'Il N c: I:: co 0 ~C> ~g .=- E e C'Il a.D Z;- r::: ::J o U .... ~ "0 P ~ o 'T I'- o EXECUTIVE SUMMARY Acceptance of $1,510,094 in General Revenue funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) funds towards the construction of the new Collier County Emergency Operations Center (EOC) OBJECTIVE: To provide acceptance notification to the Florida Department of Community Affairs, Division of Emergency Management for the fund offering of$I,510,094 in General Revenue funds and $1,639,225 ofHMGP funds, under chapter 2006-71, Laws of Florida for the State Fiscal Year 2006- 2007, to construct a new EOC in Collier County. CONSIDERATIONS: To obtain this funding the following requirements must be met: - A letter of acceptance of the award offer - Understanding that the actual HMGP funding portion will be determined by a subsequent HMGP application and cost-benefit analysis - Determination that the project can be completed within the three (3) year contract agreement period - Cost incurred prior to the contractual agreement date will not be reimbursed under this award - Providing a County representative responsible for administration of the contract agreement Following acceptance of the funding, the Department of Community Affairs will forward an agreement for consideration by the Board of County Commissioners. FISCAL IMP ACT: If accepted, this funding will decrease the cost to Collier County of the Emergency Services Center (ESC) by up to $3,149,319. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To sign the funding acceptance letter to the Department of Community Affairs, Division of Emergency Management allowing the pursuit of a contract agreement for funding. PREPARED BY: Jim von Rinteln, Emergency Management Coordinator ,4 b A ()J1) IOK.- ;;.19.1/01 Mr. James Coletta, Jr., Chairman February 9,2007 Page 2 These are areas that need to be completed immediately to ensure that the contract is completed within the contract time frame. G~:;') W.Craig Fugate, Director Division of Emergency Management WCFJdklws cc: Dan E. Summers Emergency Management Director .' . Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 P/Jrx;v;qj o/~~ ~~ ~~ 3301 East Tamiaml Trail' Naples, Florida 34112 - 4977 (239) 774-8097' Fax (239) 774-3602 e February 27,2007 Florida Department of Community Affairs Division of Emergency Management Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Acceptance of Emergency Operation Center (EOC) Construction and Improvement Initiative funding for Collier County Dear Mr. Fugate, Collier County is pleased to accept the award offering of $1,510,094 in General Revenue Funds and $1,639,225 in Hazard Mitigation Grant Program (HMGP) Funds towards the construction of a new EOC. Furthermore, Collier County understands that this funding is pursuant to Chapter 2006- 71, Laws of Florida, for the State Fiscal Year 2006-2007 and dependent upon meeting the terms of a contract agreement and HMGP requirements. Additionally, we see no obstacles to the completion of our EOC project within the three (3) year contract period. The Collier County representative for administration of this Agreement is Mr. Dan Summers, Director, Collier County Bureau of Emergency Services. Sincerely, J ames Coletta, Jr. Chairman .;< /~ f j,f)07 i:::t1Z-. -Or ~C A ~ e : ~.j.~ oi- E: 0 c ~c:L-<< APPQ as to form & legm auff~I~~e~ /f, .A-r .' ('~~-.".' . .~ ~., -.....T 1-;'3/07 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Teamll CHA.RlIE CRIST Governor W. CRAIG FUGA.TE Director . February 9, 2007 RECE\VE.O FE-a "0 ZOU7 mSRS'Elilt'f w..~ CERTIFIED MAIL # 70030500000401634461 RETURN RECEIPT REQUESTED Mr. James Coletta, Jr., Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Fund offering to construct or improve the Collier Emergency Operations Center under Chapter 2006- 71, Laws of Florida (House Bill 7121) Dear Mr. Coletta, Jr.: We are pleased to Inform you that the Division of Emergency Management has been given legisla~ve budget authoritytq offer you funds)n the amo!Jnt.of up to $1510;0.94 (in General Revenue. funds) arid $1,639,225'(inHazard Mitigation ~rant Program funds) to construCt or improve a Collier' Emergency Operations Center. pursuant to Chapter 2006-71, Laws of Florida, for the State Fiscal Year 2006-2007. , This dffic€3 mustreceive ndtificationwithin twenty..,one(21)'daysfrom the receiptdf thisdffering indicating acce"ptance or rejeCtions 6f this funding. Acceptance of this funding must be inclusive of all of the following' items: i... : -.' A letter accepting or declining the award offer; a.nd 2. The name and address of the Representative of the Recipient who will be responsible for the administration of the Agreement. The Divi.sion will distribute Agreements shortly after receipt of a notice of acceptance. Agreement funding amounts will initially include only the state General Revenue funds and a small ~mount of HMGP funds (estimate sufficient for architectural/engineering a~lowance), Actual HMGp funding will be , determined by benefit-cost analysis and not necessarily the Legislative BuClget Commission-approved funding amount. Prior to award of HMGP funds, the Recipient is required to submit an HMGP application (see the URL address: htto:llwww.f1orldadisaster.oro/brm/hmooDrocforms.htm ) and be determined to meet all eligibility criteria, including demonstrated cost-effectiveness. .,...... Prior to the acceptance of the Division's funding offer, the recipient should realistically determine if the project's completion time frame is within the required three (3) year contract period. If you intend to accept the funding offer, we highly recommend that you immediately take action to move ahead on the .proposed project by planning for requirements that may cause delays, such as: budgeting, local governirigactions; 'permitting,revlews,approvals, bid advertisements,site.or building preparations. ~. ..'.., - .. . !. . . . .., 2555 SHUMARD.oAK BOU.LEVARD ... TALLAHASSEE, FLORIDA 32399-2100 Phon.e: 850.413.9969 .' Sun~om:850;293,9969 FAX: 850.488.1016 . Internet address: htto;llwww",Florldai:Hsaster'.ori . . lONG TERM 'RECOVERY OFFICE'. 36 SKYLINE DRIVE ~ LAKE'MARY, .. FLORIDA 32746 , Phone: 407-268-8899 FAX: 407-268-8977 I , 1'1 1 I j t _I Agenda Item No. 16A 1 February 27, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Turnbury Preserve", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Turnbury Preserve", a subdivision of lands located in Section 24, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Turnbury Preserve". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Turnbury Preserve" be approved for recording. FISCAL IMPACT: The project cost is $298,957.34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $101,090.67 - $197,866.67 . The Security amount, equal to 110% of the project cost, is $328,853.07 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: $9,993.72 Fees are based on a construction estimate of $298,957.34 and were paid in July, 2006 and January 2007. Agenda Item No. 16A 1 February 27, 2007 Page 2 of 4 The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,025.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 758.18 c) Drainage, Paving, Grading (.75% const. est.) - $1,484.00 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $2,274.54 e) Drainage, Paving, Grading(2.25%const.est.) - $4,452.00 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 "Turnbury Preserve" for recording with the following stipulations: 1. Approve the amount of $328,853.07 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 Ilem Number: Item Summary: Meellng Dale: Agenda Item No. 16A1 February 27,2007 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 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 Turnbury Preserve. approval of the standard form Construction and Maintenance Agreement end approval of the amount of the pertonnance security. 2/27/20079:0000 ;\M Date Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 2/12/200712:14:45 PM Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director coes Engineering Services 2/12/200712:26 PM Approved By Date Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/13/20078:36 AM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2/13/2007 11 :02 AM Approved By Joseph K. Schmitt Community Development & Environmental Sen/ices Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/13120072:13 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20077:45 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2/16/20073:45 PM Date Approved By Jeff Wright County Attorney Assistant County Attorney County Attorney Office 2/16/20075:20 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/2007 9:43 AM ..- r- ""'" <{O_ <000 ..-N""," cir-"'I]) ZN OJ E 2:'~ C].)Cll ..-.:::l ~.o -oC].) eLL C].) Ol <{ ~ !"'/~~ ! ) L ~~6I-'>/Il' cl>l"-~ I ,,~ eJ '" :s ~ a! 1\ .,~ ~ U> "' ~ 8 ..J '" "' u ~ ~ z wQ t.:!;( f1)O o --' ------ ~----- ---- "1"53 id",3 v;: ~'ql'; ..----' \ \ 0't'0b' H01Sf1NiI\n a.. <( ~ '-- UJ I- en 1- T _ - --f'L- - - -~ -- - - - "' 15 B "' '" - - !l!- ~- "' ~ ~- ~_ i_ -i!j - e-- - e-- - '-----' il f! >- i I- ~ !l! - -!;--~ " " ~ " -~- " r ~~ ~TT~ 1--1\ -g I----" ;0 ---1 I--J L- "1 --j 1 l ](lJG\ v (]NV"lJ>Nl 3"lt':JS 01 .LON / ___ - . ~- ~! (1lId) )I"1VMOWlSI awfUlYlOll PMJ01 2 ~ ~ i l!J ~ ~~ ~i :0 o~1 ~~~ at:la ~ 5: t;~i ~ S d ~; 5 c~ ~a!:: f ~e i~ iO . v.L - iJ.Y.LSH3J.Hl orno .4l1.l.Nf'lO:l :If roo soocw. ~cl.o.:J III ~- ~II; ~- a.. <( ~ ;.t-il.L'WJ.S1:BJ.N .. ~~~ ..~! >- f- Z ::;) 0 u w w --' . ~ ~ :: H_ ~~! z o - ~ U o -I Agenda Item No. 16A2 February 27,2007 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: '-' Reference Owner of Record Property Address Lien Amount OSM 2006011110 Boris Felipe & Dunaisy Portal 2940 22nd Ave. NE Naples, FI34120 $500.00 OSM 2006040920 Rene & Norma Ortiz 5454 Sholtz Street Naples, FI 34113 $162.85 9840 Luna Circle E-I02, Naples, FI OSM 2006030409 Arthur Moore 34109 $1,157.14 OSM 2006030658 Francisco & Elizabeth Lovas 5377 Catts Street, Naples Fl 34113 $662.85 OSM 2006050761 Rogelio & Norma Chiang 3377 Poinsettia Ave Naples,Fl34104 $135.30 OSM 2006010714 Heriberto Perez P.O. Box 684 Marco Island,F134146 $170.97 OSM C02004120853 Francis Oscar Olson, IV 6041 Hollow Drive Naples, FI34112 $867.66 1661 Trade Center Way Bldg 1 OSM 2005061074 Lyjac Properties, LLC Naples, FI 34109 $1,037.95 OSM 2005080077 Homere & Janise Hyppolite 4843 Devon Circle Naples,FI 34112 $163.47 OSM 2005070086 Homere & Janise Hyppolite 4843 Devon Circle Naples,FI 34112 $170.73 OSM 2006020696 Diane Myers 5143 Kristin Court Naples,FI 34105 $166.56 OSM 2005100660 Gesner & Rosianne Saintil 1701 46TH ST SW Naples, FI34116 $173.99 OSM 2006033667 Michael D. & Catherine M. Russell 4862 Catalina Dr, Naples, FI 34112 $188:66 OSM2005050709 & 2256 Tamiami Trail E Naples,Fl OSM2005050710 Antone C. & Amy R. Mendez 34112 $400.00 OSM CO 2004070200 Stephen & Anita Anthony 2280 Della Drive Naples, Fl 34117 $2,508.07 OSM 2005030205 Boris & Dunaisy Portal 2940 22nd Ave NE Naples, Fl 34120 $804.55 OSM 2005010468 Cora Sneibrun 160 Wilson Blvd S. Naples, FI 34117 $4,398.33 OSM 2004100006 Jairo Laverde & Rosa Quinones 1006 Fountian Run Naples, Fl $147.58 OSM 2005030527 Martha Hetzel 4341 22nd Place S,W Naples,FI 34116 $106.22 445 Stokes Road, Shamong, NJ OSM CE 2037 Karen Wasserman 08088 $80.00 Rev 12/06 Agenda Item No. 16A2 February 27,2007 Page 2 of 28 11440 Whistler's Cove Cir #325, OSM SO 111594 Carmen D, Cruzan Naples,Fl 34113 $125.00 205 Skipping Stone Lane Naples, F1 OSM CE-0744 Dawn Leblanc 34119 $80.00 1661 Trade Center Way Bldg 1 CEB 2006-32 Lyjac Properties, LLC Naples, Fl 34109 $498.08 Resolution 2001- 2364 Becca Drive Lot 7, Block G 428 Invoice No Haldeman River Subdivision 1911 Carola Pinkalla Naples,F134116 $399.91 Resolution No 2001-107 Abraham J, & Dotty Moses 6380 Radio Road, Naples F134104 $ 245,00 Resolution No 2002-234 Abraham 1. & Dotty Moses 6380 Radio Road, Naples F1 34104 $255.00 Resolution No 2002-235 Abraham J, & Dotty Moses 6380 Radio Road, Naples F1 34104 $255.00 Resolution No 2003-274 Abraham J. & Dotty Moses 6380 Radio Road, Naples Fl 34104 $255.00 Resolution No 2003-272 Abraham J. & Dotty Moses 6380 Radio Road, Naples Fl 34104 $255.00 Resolution No 2002-236 Abraham J. & Dotty Moses 6380 Radio Road, Naples Fl 34104 $255.00 Resolution No 2003-273 Abraham J, & Dotty Moses 6380 Radio Road, Naples Fl 34104 $255,00 TOTAL $16,880.87 FISCAL IMPACT: Costs incurred by the County are costs of recording the Release and Satisfactions of Lien estimated to be $10.00 per release, totaling $250.00, which is budgeted and available in the current fiscal year 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 consi derati ons, RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Diana Hindall, Administrative Secretary, Code Enforcement Rev 12/06 Ilem Number: Ilem Summary: Meeling Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Agenda Item No. 16A2 February 27,2007 Page 3 of 28 Recommendation to approve the Release and Satlsfactions of Lien for payments received for the following Code Enforcement actions. 2/27/20079:0000 AM Dale Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2114/20074:18 PM Constance A. Johnson Dale Approved By Community Development & Environmental Services Operatlo"&. Analyst Community Development & Environmental Services Admin. 2115/20079:30 AM Approved By Joseph K. Schmitt Community Development & Environmental Serviees Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 2115/2007 10:53 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2116/20077:37 AM Date App roved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2/16/20079:32 AM Dale Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/16/2007 11 :34 AM Agenda Item No. 16A2 February 27,2007 Page 4 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Boris Felipe and Dunaisy Portal 2940 22nd Avenue N,E. Naples, Florida 34120 The lien was recorded on June 5, 2003, Official Record Book 4049 Page 1833, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of four hundred fifteen dollars and thirty cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $500,00 Reference: OSM 2006011110 Folio: 40301560005 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, Chairman Deputy Clerk Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27,2007 Page 5 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Rene and Norma Ortiz 5454 Sholtz Street Naples, FL 34113 The lien was recorded on July 21, 2006, Official Record Book 4076 Page 0672, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred sixty two dollars and eighty-five cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $162.85 Reference: OSM 2006040920 Folio: 62206720009 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency . Jeff i t Assist t County Attorney Agenda Item No, 16A2 February 27,2007 Page 6 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Arthur Moore 9840 Luna Circle, E-102 Naples, Fl 34109 The lien was recorded on May 8, 2006, Official Record Book 4032 Page 1126, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one thousand one hundred fifty-seven dollars and fourteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $1,157.14 Reference: OSM 2006030409 Folio: 68340880003 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien, The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency L_ Agenda Item No. 16A2 February 27, 2007 Page 7 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attomey's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Francisco & Elizabeth Lovos 5377 Catts Street Naples, FL 34113 The lien was recorded on May 8, 2006, Official Record Book 4032 Page 1130, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six hundred sixty two dollars and eighty-five cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $662.85 Reference: OSM 2006030658 Folio: 62094920008 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien, The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27,2007 Page 8 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Rogelio and Norma Chiong 3377 Poinsettia Ave Naples, FL 34104 The lien was recorded on June 27, 2006, Official Record Book 4061 Page 3809, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred thirty five dollars and thirty cents plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: Cost: $135,30 Reference: OSM: 2006050761 Folio: 63501080003 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien, The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James Coletta, Chairman Approved as to form and legal sufficiency , Agenda Item No. 16A2 February 27,2007 Page 9 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Heriberto Perez P.O. Box 684 Marco Island, FI 34146 The lien was recorded on April 24, 2006, Official Record Book 4023 Page 0857, in the Official Records of Collier County, State of Florida, The lien secures the principal sum of one hundred seventy dollars and ninety seven cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: Cost: $170.97 Reference: OSM 2006010714 Folio: 77213360007 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James Coletta, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27, 2007 Page 10 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, Fl 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Francis Oscar Olson, IV 6041 Hollow Drive Naples, FI 34112 The lien was recorded on April 19, 2005, Official Record Book 3777 Page 4128, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight hundred sixty-seven dollars and sixty- six cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $867.66 Reference: CO# 2004120853 Folio: 68843120008 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency c Agenda Item No. 16A2 February 27,2007 Page 11 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Lyjac Properties, LLC 1661 Trade Center Way Bldg 1 Naples, FL 34109 The lien was recorded on January 6, 2006, Official Record Book 3961 Page 0786, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one thousand thirty-seven dollars and ninety-five cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $1,037.95 Reference: OSM 2005061074 Folio: 00270560008 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, Fl 34104 (239) 213-2939 Agenda Item No. 16A2 February 27,2007 Page 12 of 28 RELEASE AND SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Homere and Janise Hyppolite 4843 Devon Circle Naples, Fl 34112 The lien was recorded on December 8, 2005, Official Record Book 3944 Page 0246, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred sixty-three dollars and forty-seven cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $163.47 Reference: OSM 2005080077 Folio: 48730280000 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency t Agenda Item No, 16A2 February 27,2007 Page 13 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Homere and Janise Hyppolite 4843 Devon Circle Naples, FL 34112 The lien was recorded on October 17, 2005, Official Record Book 3912 Page 3641, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy dollars and seventy-three cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $170.73 Reference: OSM 2005070086 Folio: 48730280000 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien. acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency \ This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 Agenda Item No. 16A2 February 27,2007 Page 14 of 28 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Diane Myers 5143 Kristin Court Naples, FL 34105 The lien was recorded on June 5,2006, Official Record Book 4049 Page 1826, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred sixty-six dollars and fifty six cents plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $166.56 Reference: OSM 2006020696 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency . Agenda Item No. 16A2 February 27,2007 Page 15 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Gesner and Rosianne Saintil 1701 46th S1. SW Naples, FI34116 The lien was recorded on February 24, 2006, Official Record Book 3988 Page 0979, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy-three dollars and ninety-nine cents plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $173.99 Reference: OSM 2005100660 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency ~ Agenda Item No. 16A2 February 27,2007 Page 16 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, Fl 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Michael D. and Catherine M. Russell 4862 Catalina Dr. Naples, FI 34112 The lien was recorded on June 5, 2006, Official Record Book 4049 Page 1845, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One hundred eighty-eight dollars and sixty- six cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $188.66 Reference: OSM 2006033667 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency \. Agenda Item No. 16A2 February 27,2007 Page 17 of28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples. FL 34104 (239) 213-2939 RELEASE AND 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 an Orders executed by the Special Master against: Antone C. and Amy R. Mendez 2256 Tamiami Trail E. Naples, FL 34112 The liens were recorded on October 17, 2005, Official Record Book 3912 Pages 3627 and 3628, in the Official Records of Collier County, State of Florida. The liens secure the principal sum of four hundred dollars, plus accrued interest and penalties, if any, and impose certain obligations against real property situated in Collier County, Florida. Cost: $400.00 Reference: OSM 2005050709, OSM 2005050710 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, acknowledges payment as full satisfaction of the liens and hereby cancels said liens. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Liens 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 this Release and Satisfaction of Liens, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency ig ant County Attomey This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 Agenda Item No, 16A2 February 27,2007 Page 18 of 28 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Stephen and Anita Anthony 2280 Della Drive Naples, Florida The lien was recorded on December 3, 2004, Official Record Book 3689 Page 2606, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two thousand five hundred eight dollars and seven cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $2,508.07 Reference: CO# 2004070200 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27,2007 Page 19 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Boris Felipe and Dunaisy Portal 2940 22nd Ave NE Naples, FL 34120 The lien was recorded on June 5, 2006, Official Record Book 4049 Page 1835, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of eight hundred four dollars and fifty-five cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $804.55 Reference: OSM 2005030205 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27,2007 Page 20 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, Fl 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Cora Sneibrun 160 Wilson Blvd S. Naples, FL 34117 The fien was recorded on June 3,2005, Official Record Book 3837 Page 0561 in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred forty-eight dollars and thirty- three cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Total Cost: $4,398.33 Reference: OSM 2005010468 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the fien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency Agenda Item No. 16A2 February 27,2007 Page 21 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N, Horseshoe Drive, Ste 301 Naples. Florida 34112 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated March 7, 2005, a certified copy of which was recorded in O.R. Book 3777 Page 4124, on April 19, 2005, 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 Jairo Laverde and Rosa Quinones, has been discharged in full. The real property located at 1006 Fountian Run, Naples, Florida, more specifically described in the deed recorded in Official Record Book 4101, Page 1537, of the Public Records of Collier County. Folio No. 33160003189 Cost: $147.58 Reference: OSM Case No: 2004100006 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, lairo Laverde and Rosa Quinones and consents to this lien being discharged of record. Dated this day of ,2007. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETIA, CHAIRMAN By: Approved as to form and legal sufficiency: Agenda Item No, 16A2 February 27,2007 Page 22 of 28 This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N, Horseshoe Drive, Ste 301 Naples, Florida 34112 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated May 6, 2005, a certified copy of which was recorded in O.R. Book 3797 Page 3857, on May 13, 2005, 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 Martha Hetzel, has been discharged in full. The real property located at 4341 22nd Place S.W., Naples, Florida, 34116 more specifically described in the deed recorded in Official Record Book 3802, Page 3502, of the Public Records of Collier County. Folio No. 35644440004 Cost: $106.22 Reference: OSM Case No: 2005030527 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 Martha Hetzel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO.MMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLEIT A, CHAIRMAN Approved as to form and legal sufficiency: ~ Jeff. ri t Assi nt County Attorney Agenda Item No. 16A2 February 27, 2007 Page 23 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Karen Wasserman 445 Stokes Road Shamong, NJ 08088 The lien was recorded on February 24, 2006 Official Record Book 3988 Page 0994, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighty dollars, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $80.00 Reference: CE 2037 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Agenda Item No. 16A2 February 27, 2007 Page 24 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Carmen D. Cruzan 11440 Whistler's Cove Cir # 325 Naples, FL 34113 The lien was recorded on May 8, 2006, Official Record Book 4032 Page 1116, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred twenty-five dollars, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $125.00 Reference: SO 111594 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Ap Agenda Item No, 16A2 February 27,2007 Page 25 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Dawn Leblanc 205 Skipping Stone Lane Naples, FL 34119 The lien was recorded on May 13, 2005, Official Record Book 3797 Page 3850, in .the Official Records of Collier County, State of Florida. The lien secures the principal sum of Eighty dollars, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $80.00 Reference: CE-0744 Collier County, a political subdivision of the State of Florida. by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Agenda Item No. 16A2 February 27,2007 Page 26 of 28 This instrument prepared by: Jeff Wright, Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Code Enforcement Board against: Lyjac Properties, LLC 1661 Trade Center Way Bldg 1 Naples, FL 34109 The lien was recorded on August 2, 2006, Official Record Book 4081 Page 2922, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of four hundred ninety-eight dollars and eight cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $498.08 Reference: CEB No:2006-32 Fofio:00270560008 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2007, ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman ed as to form and legal sufficiency . Agenda Item No. 16A2 February 27, 2007 Page 27 of 28 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 RELEASE AND SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("BCC") is the owner and holder of a certain lien by Resolution 2001-428 executed by the BCC against: Carola Pinkalla 2364 Becca Drive Lot 7, Block G Haldeman River Subdivision Naples, FL 34116 The Resolution imposing the lien was recorded on December 5, 2001, Official Record Book 2937 Page 0013, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred fifty-five dollars and zero cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Cost: $399.91 Reference Invoice Number: 1911 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien,. by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman ed as to form and legal sufficiency .. This instrument prepared by: Jeff Wright. Assistant County Attorney Collier County Attorney's Office 2800 North Horseshoe Drive Naples, FL 34104, (239) 213-2939 Agenda Item No. 16A2 February 27,2007 Page 28 of 28 RELEASE AND SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("BCC") is the owner and holder of certain liens by resolutions adopted by the BCC against: Abraham J. and Dotty Moses 6380 Radio Road, Naples Manor Lakes Block 14, Lot 12 Naples, FL 34104 These seven resolutions that are the subject of this Release and Satisfaction of Liens were recorded on: Resolution No: 2001-107 was recorded May 2,2001 in OR Book: 2817, Page: 0513; Resolution No: 2002-234 was recorded June 19,2002 in OR Book 3058, Page 0204; Resolution No: 2002-235 was recorded June 19,2002 in OR Book 3058; Page 0206; Resolution No: 2003-274 was recorded September 15,2003 in OR Book 3396, Page 2744; Resolution No: 2003-272 was recorded September 15, 2003 in OR Book 3396, Page 2740; Resolution No: 2002-236 was recorded June 19,2002 in OR Book 3058, Page 0208; and Resolution No: 2003-273 was recorded September 15,2003 in OR Book 3396; Page 2742. Together, the liens secure the principal sum of one thousand seven hundred seventy- five dollars and zero cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Liens, 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 Release and Satisfaction of Liens in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Liens, by action of the Board on this day of , 2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman App egal sufficiency Agenda Item No. 16A3 February 27, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Britney Estates". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Britney Estates". CONSIDERATIONS: 1. On November 15, 2005, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Britney Estates". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. - 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. - Agenda Item No, 16A3 February 27, 2007 Page 2 of 5 RECOMMEN DATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Britney Estates" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No, 16A3 February 27,2007 Page 3 of 5 RESOLUTION NO. 07-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN BRITNEY ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGE 26; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADW AY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY OWNERS WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 14, 2004 approved the plat of Britney Estates for recording; IDld WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; IDld WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is bereby granted for those roadway and drainage improvements in Britney Estates, pursuant to the plat thereof recorded in Plat Book 42, Page 26, and the Clerk is hereby authorized to release the maintenance security, BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Britney Estates property oVvners, This Resolution adopted after motion, second and majority vote favoring same, this __ day of , 2007, DATE: ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk JAMESCOLETTA,CH~AN Approved as to form and legal w~ I . \ J;f & 19bt Assistant Collier County Attorney Item Number: Ilem Summary: Meeting Dale: Agenda Item No. 16A3 Februarv 27. 2007 Page 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16.A.3 This Item reqLmes that ex oarte diSClosure be provided b)' Commission Members Srlould a near''1g be held on this Item al: participants are requIred to be sworn In Recommendation to grant fmal aporol/31 of the roadway {pnvatel and aralnage Improvements for the Tlnal plat of Bntney Estates The roadway and drainage Improvements wtil be pnvately maintained 2/27 f20C: 9 JO 00 M~ 5enior Engsneer Date Prepared By Jot," Houldsworth Community Development & Environmenta! Services Engmeerlng Services 211212007 12:17:23 PM Date Approved By Thomas E. Kuck, P.E Community Development & Environmental Services COES Engineering Services Director COES Engineering Services 21121200712:26 PM Date Approved By Constance A Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2112120071 :59 PM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 211312007 1: 27 PM Approved By Joseph K. SchmItt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental ServIces Admin. 2116120073:44 PM Assistant County Attorney Date Approved By Jeff Wright County Attorney County Attorney Office 2116120075:30 PM County Manager Date Approved By James V. Mudd Board of County CommissIoners County Manager's Office 2/171200710:02 AM Agenda Item No, 16A4 February 27, 2007 Page 1 of 5 .-. EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 1B". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Veronawalk Phase 1 B" CONSIDERATIONS: 1. On August 2, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Veronawalk Phase 1 B". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. -- 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. -, Agenda Item No, 16A4 February 27, 2007 Page 2 of 5 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Veronawalk Phase 1 B" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department .-' '<:tt'-LO <t:O- ~Q.O 0 'JC'") - 0) ~ ,'\.I OJ en E 2:' 0- O)en ......::1 ~ls -00) eLL 0) OJ <t: a.. <( :E: LLJ ..... - en ~ nYOS QL "'" / - ~ l c:::::J :II::: ..J ~ C( ~ IX ~ :!! !" :;; t)z ~e1 ~~ wQ ~ ''.;c = a _ 00 n a:o ~ D-...J a.. <( :E: Z 0 - ~ ~ U !5~ 0 S1 I~ ~ ...J ~~ ~ <I'! 0 ~ U!N a~ m ~~ ~ ~I'! ~m ~~ ~do ~ N h ~lr ~ ~ Zg fi .-~ ," 9 N " N Agenda Item No, 16A4 February 27, 2007 Page 4 of 5 RESOLUTJONNO, 07-_ A RESOLUTION OF THE BOARD OF COUNTY CO:MMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEME1\TTS IN VERONA WALK PHASE 1 B, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 37 THROUGH 41, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MA.IJ\i"TAIt\'ED BY THE VERONAWALK HOMEOWNERS' ASSOCLt\. nON WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 9,2004 approved the plat of Veronawalk Phase IB for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby !,'Tanted for those roadway and drainage improvements in Veronawalk Phase I B, pursuant to the plat thereof recorded in Plat Book 41, pages 37 through 41 and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association, This Resolution adopted after motion, second and majority vote favoring same, this _ day of . 2007, DATE: ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal suffici cy: , Ilem Number: Ilem Summary: Meeting Dale: Agenda Item No. 16A4 February 27, 2007 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 This Item was continued from the February 13, 2007 BCC Meeting This Item reqUIres that ex parte disclosure be provided by Commission Memoers Should a heanng De held on this item, all participants are required to be sworn In. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final pial of Veronawalk Phase 1 B Tl18 roadway and drainage Improvements will be privately maintained 2/27/20079'00:00 AM Senior Engineer Date Prep. red By John Houldsworth Community Development & Environmental SelVices Engineering Services 1/22/200711 :30:45 AM Thomas E. Kuck, P.E. COES Engineering Services Director Date Approved By Community Development & Environmental Services COES Engineering Services 2/16/200710:10 AM Constance A. Johnson Operations Analyst Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin, 2/16120073:53 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 2/16/20074:20 PM Assistant County Attorney Date Approved By Jeff Wright County Attorney County Attorney Office 2/16120075:17 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2/17/2007 9:58 AM Agenda Item No. 1681 February 27, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the purchase of 1.14 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $125,610.00) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a storm water retention and treatment pond associated with the Oil Well Road widening project. CONSIDERATIONS: On April 25, 2006 the Board of County Commissioners approved Resolution No. 2006-107 authorizing the acquisition by gift or purchase of property required for the construction of roadway, drainage and utility improvements to Oil Well Road (Project No. 60044) between Immokalee Road and Camp Keais Road. The subject property contains 1.14 acres and is required for the construction of a stormwater retention and treatment pond associated with the roadway improvements. Since the purchase price negotiated by staff was in excess of $100,000 an independent real estate appraisal estimating the market value of the property was obtained in accordance with the requirements of Section 125.355, Florida Statutes. The appraiser's estimate of the market value of the property ($115,000) is based upon a unit value of$IOI,OOOper acre. The sale price of $125,000, to which the property owner agreed, is based upon a unit value of $110,000 per acre. This unit value is well within the range of unit values derived from all of the 2006 comparable sale prices located within a five square mile area which comprises the project's "subject neighborhood." In all, 36 comparable sale properties were identified within this neighborhood with verified unit prices ranging from $43,000 per acre to $122,000 per acre. Three properties sold for between $43,000 and $48,250 per acre, and seven properties sold for between $100,900 and $122,000 per acre. The other 26 properties sold for between $50,900 per acre and $99,125 an acre. The only sale located directly on Oil Well Road itself, however, is the multi-parcel assemblage of over 22 acres at a unit price of $113,000 per acre in June 2006. In order to give the property owner the benefit of any doubt as to the value of the property, and in view 0 f the cost savings to the County by avoiding condemnation, staff recommends that the Board approve the purchase of the subject property for $125,000. FISCAL IMPACT: Funds in the amount of $125,610 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $125,000 purchase price and $610 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: The recommendation is consistent with the County's Growth Management Plan. Agenda Item No, 16B1 February 27,2007 Page 2 of 9 RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida: 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; and 5. Approve any and all budget amendments required. Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM Attachment: Purchase Agreement -, Ilem Number: Ilem Summary: Meeting Dale: Aaenda Item No. 1681 " February 27.2007 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendation to approve the purchase of 1 14 acres of unimproved property which IS required for the construction Of a stormwaler retention and treatment pond for the Oil Well Road widening project Project No. 60044 (F1SCallmoact: $125,610,00) 2/27/200790000 AM Date Prepared By Margaret Kreynus Transportation Services Property Acquisition Specialist TECM.ROW 2/6/200712:15:27 PM Date App roved By Michael Greene Transportation Services PrOject Manager Transportation Engineering & Construction Management 2/6/2007 1 :22 PM Date Approved By NaJeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2/12/2007 11 :09 AM Date Approved By Kevin Hendricks Transp!.Jrtation Services Right Of Way Acquisition Manager TECM.ROW 2/12/2007 4: 55 PM Date Approved By Norm E. Feder. AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/13/200711:07 AM Date Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Transportation Administration 2/13/2007 4: 12 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14/20079:54 AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2/14/200712:39 PM Date Approved By OM B Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20077:43 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20071 :28 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/20079:11 AM Agenda Item No. 16B 1 February 27, 2007 Page 4 of 9 PROJECT: 60044 PARCEL No: 218 FOLIO No: 39958520001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (he~nafter referred to as the "Agreement") is made and entered into this 2.fp _ day of f3(1E:,u!7J a(L, ,2006, by and between ANTONIO M. VIERA and GEORGINA VIERA, husband and wife, whose mailing address is PO Box 3946, Hollywood, FL 33083-3946 (hereinafter referred to as "Owner"), 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, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property, NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties 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, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Property to Purchaser for the sum of: $125.000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3, Owner shall convey a marketable title free of any liens, encumbrances I exceptions, or qualifications, Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law, Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed; (b) Closing Statement; .o)~ (c) Grantor's Non-Foreign. Taxpayer Identification and "Gap" Affidavit; Purchase Agreement I Agenda Item No, 161B1 February 27, 2007 Page 2 Page.5 of 9 (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida, Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 5. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7, Owner is aware 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. 8, Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. ~ Purchase Agreement Agenda Item No, 1 B 1 February 27,2 07 Page 3 Page 6 f 9 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property, (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 0 (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. (h) The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 9, Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 8(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title, 10, Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. U1~ Purchase Agreement Agenda Item No, 16181 P F.2bruary 27, 2~07 age Page 7 qf 9 11. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Owner, 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 Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 12, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (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,) 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties I and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser, 15. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. ~ Purchase Agreement Aaenda Item No, 1 81 Page'S February 27, 2 07 Page 8 f 9 IN WITNES~HEREOF, the parties hereto have executed this Agreement on this ~ _ day of ~....u l)F {l .,2006, Property acquisition approved by BCC pursuant to Resolution No. 2006-107, dated April 25, 2006. AS TO PURCHASER: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES COLETTA, Chairman AS TO OWNERS: ~. ANTON . VI;~ "(f) , Witness (Signat re) ADilA~ Dc\~I\))\)' ~~ GEORGINA VIERA Approved as to form and legal sufficiency: k rJ O~-tA~ Ellen 1. Chadwell Assistant County Attorney PROJECT NO. 60044 PROJECT PARCEL NO. 218 Agenda Item N , 1 -'B 1 February 2 ,2~07 Pag 9 of 9 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 70, GOLDEN GATE ESTATES UNIT NO.65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1.14 ACRES, MORE OR LESS _ _ q_._._._.__.__.__ _._.__._ _._,__ q_._. _q_ ._.__._3~F~~_ ._._ ._._.._.J._._._._, -.----..--..-..-..-. .-..--.-..-.---..--..-..-. -.--.- ..-. ..-..-- -r-..-..-.-.--t- THE EAST 75 FEET OF THE WEST 1BO WEST PROPERTY L1NE~ FEET OF TRACT 70 EAST PROPERTY LINE N o R T H SOUTH PROPERTY LINE NOT TO SCALE 12/12/061:57 PM Agenda Item No. 16B2 February 27,2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Novation Agreement adding conditions and replacing a previous agreement with Countryside Master Association, Inc. for construction of a noise wan as part of the six-lane improvements to Santa Barbara Boulevard Project #62081. Estimated fiscal impact: ($0 - see Fiscal Impact below.) OBJECTIVE: To obtain the Board's approval of a Novation Agreement which will replace a previous agreement with Countryside Master Association for the construction of two sound attenuation wall segments and a privacy wall along Santa Barbara Boulevard for the benefit of residences located within Countryside at Berkshire Lakes and add additional conditions relative to landscaping. CONSIDERATIONS: As part of the Santa Barbara Boulevard project, a noise study was conducted to determine whether abutting residences would benefit from the construction of sound attenuation walls. A number of residences located within Countryside at Berkshire Lakes near the northern and southern ends of the community were found to meet the criteria whereby they would benefit from the construction of a sound attenuation wall, and at a cost-per-dwelling-unit within the established criteria for noise wall construction. Upon learning that a gap of nearly 2,900 feet between the sound attenuation wall segments would be left, the Countryside Master Association requested that the County construct, at the Association's expense, a privacy wall between the two sound attenuation wall segments, so that a continuous wall can be erected along the entire Santa Barbara Boulevard frontage. An agreement was approved by the Board on July 25, 2006, which provides as follows: (1) County will pay for and build the noise wall segments if the Association donates a temporary construction easement needed for the construction; (2) Association will pay the sum of $914,000 which represents the bid cost of the privacy wall construction, including contingencies; (3) County will establish an interest-bearing construction account to hold the Association's payment and from which to make progress payments to the wall contractor; (4) all accrued interest and any remaining sums after final payment will be returned to Countryside. After execution of the agreement, staff discovered that the installation of certain landscaping and irrigation for its perpetual maintenance is required by the LDC for those portions of the wall constructed on Association property. Consequently, the parties have prepared a second agreement which places the cost and responsibility for the design, installation and perpetual maintenance of this landscaping on the Association. The attached Novation Agreement terminates and replaces the prior agreement. The Novation Agreement includes the essential terms of the first agreement and adds new reciprocal obligations relative to the design, permitting, installation and future maintenance of landscaping and associated irrigation. FISCAL IMP ACT: The roadway construction project was competitively bid and the cost of the sound attenuation wall construction, as well as privacy wall construction, is Agenda Item No. 1682 February 27,2007 Page 2 of 12 $25.89SF. The Association's segment of the wall construction ("privacy wall") is currently estimated at $914,000, inclusive of a 13% contingency factor. Association will pay the $914,000, which must be placed in a separate interest-bearing account by March 15,2007, with interest accruing to the benefit of the Association. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Santa Barbara Boulevard (Project #62081) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Novation Agreement; 2. Authorize its Chairman to execute said agreement on behalf of the Board once it has been executed by the Association and it has been reviewed and approved by the Office of the County Attorney; and 3, Authorize the Clerk of Courts to establish and maintain an interest bearing account for the deposit of the monies from the Association and to make progress payments to the contractor for construction of the wall upon the approval of the Construction Project Manager for the Santa Barbara Boulevard (62081) project, with all accrued interest to be paid to Association in accordance with the attached agreement. Prepared By: Joan M. Smith, Property Acquisition Specialist, TECM-Right-Of-Way Acquisition Attachments: Agreement with exhibits Item Number: Item Summary: Meellng Dale: Agenda Item No. 16B2 February 27, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 RecommendatIon to approve a f-.lavatlon Agreemem adding conditions and replacing a prevIOus agreement with Countryside Master ASSOCiation, Inc for constrLlction of a noise wall as part ot the sIx-lane Impmvements to Santa Barbara Boulevard ProJect #62081 Estimated fiscal Impact: (50) 2/27/200790000 AM Date Prepared By Joan Smith Administrative Services Property Acquisition Specialist TEeM-ROW 2/13/20072:19:44 PM Date Approved By Gary Putaansuu Transportation Services Senior Project Manager Transportation Engineering and Construction 2/13/20073:34 PM Date Approved By Norm E Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 2/13/2007 3:47 PM Date Approved By Lisa Taylor Transportation Services ManagementtBudget Analyst Transportation Administration 2/13/20074:48 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2/14/2007 8:08 AM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TEeM-ROW 2/14/2007 8:37 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14/2007 11 :25 AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2114/200712:42 PM Date Approved By OM B Coordinator County Manager's Office Administrative ASSistant Office of Management & Budget 2/15/20077:47 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2/16120076:23 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget DIrector Office of Management & Budget 2/20/2007 1 :46 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/2007 2: 58 PM I Agenda Item NO.1 aB2 February 27, 2Q07 Page 4 of 12 PROJECT: Santa Barbara Road #62081 PARCEL No: 700 NOVATION AGREEMENT THIS NOVATION AGREEMENT is made and entered into on this _ day of ,2007, by and between COUNTRYSIDE MASTER ASSOCIATION, INC., a Florida not-for profit corporation, whose mailing address is 600 Countryside Drive, Naples, Florida 34104 (hereinafter referred to as "Countryside"), 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 "County"). WITNESSETH: WHEREAS, County has volunteered to construct two (2) segments of a sound attenuation wall along Countryside's Santa Barbara Boulevard frontage; and WHEREAS, the first sound attenuation wall segment will be located on Countryside's property from Santa Barbara Boulevard Project No, 62081 Station No, 297+60 to Station No. 304+44, with a top elevation of 21.5 NGVD; and WHEREAS, the second sound attenuation wall segment will begin on Countryside's property at Station No, 333+53.47 extending north to Station No. 335+40 at a northeasterly bearing until it reaches Station No, 335+60, where it will be located completely within County's existing right-of-way, and thereafter extending to and ending at Station No. 339+20 (hereinafter "Noise Wall Segments"), with a top elevation of 21.5 NGVD from Sta, 333+53.47 to Sta. 336+60 and a top elevation of 24 NGVD from Sta. 336+60 to Sta, 339+20; and WHEREAS, Countryside acknowledges that County is under no obligation to construct any of the sound attenuation wall segments; and WHEREAS, Countryside has further requested that County construct a privacy wall and a sodded, earthen berm under said wall (hereinafter "Privacy Wall"), along Countryside's Santa Barbara Boulevard frontage beginning at Station 304+44 and extending to Station 333+53,47, with a top elevation of 21,5 NGVD; and WHEREAS, Countryside has offered to provide County with a properly executed Temporary Construction Easement ("TCE"), a legal description of which is attached hereto and incorporated herein as Exhibit "A," and to provide County with all utility subordinations as needed (where utility easements may encumber the TCE areas), in order that County and its contractor shall have the legal right to enter upon Countryside's property for the purpose of constructing the afore-mentioned walls; and WHEREAS, Countryside acknowledges that County will not begin construction of either the Noise Wall Segments or the Privacy Wall unless and until County receives a properly executed TCE and any necessary utility subordinations and payment from Countryside for the cost of the Privacy Wall; and WHEREAS, Countryside agrees to pay for the cost of recording the Temporary Construction Easement and utility subordinations in the public records; and WHEREAS, Countryside desires to maintain the Noise Wall Segments and Privacy Wall in perpetuity and County has agreed to grant Countryside an irrevocable license to enter upon County right-of-way for such purpose; and WHEREAS, the parties entered into an Agreement memorializing the foregoing terms on July 25,2006 but have failed to perform in accordance with its terms; and WHEREAS, since execution of the Agreement, the parties have discovered that construction of certain Noise Wall Segments and the Privacy Wall on Countryside's property will require the installation and perpetual maintenance of landscaping in accordance with the Collier County Land Development Code, and 501423 v_OI 10190510001 Agreement Agenda Item No, 1 JS2 February 27,2007 Page 2 Page 5 of 12 WHEREAS as a condition for this Novation Agreement, Countryside will accept responsibility for the design, installation and future maintenance of the required landscaping, and the costs associated therewith; and WHEREAS, the landscaping design and permitting must be coordinated, and submitted together, with the County's permit application for the proposed wal! construction, and County has agreed to cooperate with Countryside to the fullest extent pOSSible; and WHEREAS, this Novation Agreement is intended by the parties to replace all previous obligations and understandings between the parties and to act as a complete novation of the Agreement dated July 25,2006. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. County has solicited bids for the Project through its formal bidding process and has included the Privacy Wall as an Optional Work Item (hereinafter "Optional Work"). The estimated cost of the Optional Work Item is $807,672.00. Countryside will pay the sum of $914,000,00, which includes a contingency, to the County no later than March 15, 2007. Said funds will be placed into a separate interest-bearing Construction Account to be administered solely by County for purposes of making periodic progress payments pro-rated for the Privacy Wall work effort, when such payments become due under the project contract. A monthly account statement will be provided, if requested, by County, including all documentation submitted by the contractor for purposes of payment. 3. Countryside shall provide County with a properly executed TCE and any necessary utility subordinations to the County within 60 days of the date of this Agreement at no cost to the County, In the event Countryside fails to deliver these documents to County in accordance herewith, this agreement shall terminate within fourteen (14) days of County's written demand for performance, unless otherwise agreed by County. 4, County and Countryside will cooperate with each other, or either's designated agent, to obtain the necessary development approvals for the construction and installation of the Walls, as defined below, and associated landscaping and irrigation. To this end, County will obtain an administrative variance for the height requirement for the Walls. Countryside will retain a landscape architect to prepare a code-compliant site plan showing the wall and associated landscaping and irrigation (hereinafter "Plan") for the Privacy Wall and those portions of the Wall Segments to be constructed on Countryside's property, Countryside will be responsible for delivery of a design plan prepared in accordance with generally acceptable industry standards and all county code requirements. The Plan must be completed and submitted to County transportation staff for initial review at least 30 days prior to the County's application for development approval of the proposed wall construction. If the Plan is in compliance with this Paragraph, the Plan will be incorporated into the County's application for development approval for the wall construction. 5. County will direct the contractor to undertake the Optional Work onlv when the following conditions have been met: a. Submittal of a Plan prepared in accordance with Paragraph 4 above, along with the code required number of copies, b, Procurement by County of an administrative variance waiving LDC height requirements for the Walls. c. Delivery of a fully executed and binding agreement between Countryside and a third party for the installation and first year maintenance of the landscaping and irrigation improvements as shown on the Plan. d, Notification of a plan or method by which Countryside will provide for the perpetual maintenance of the landscape improvements, This condition will be deemed met, if such plan is legally and physically capable of implementation and a reasonable person would rely upon such plan or method, Agreement Agenda Item No. 16B2 February 27,2007 Page 3 Page 6 of 12 6. Countryside acknowledges and agrees that County cannot construct the Walls if all requirements of the Land Development Code ("LDC") are not met, that each party has a duty to use its best efforts to obtain the development approval needed for the wall and landscaping improvements, and that either party's failure to obtain said approvals, where such failure cannot be cured within thirty (30) days, will constitute a frustration of purpose and will terminate this Novation Agreement. In this event, County shall return, within thirty (30) days, all monies on deposit per Paragraph 2, including accrued interest, to Countryside, and both parties shall be released from any further obligations or liability arising out of this Novation Agreement. 7, Assuming all conditions set forth herein have been met, County shall construct the Noise Wall Segments and Privacy Wall, hereinafter collectively referred to as "the Walls," as part of the 6-lane improvements to Santa Barbara Boulevard, Project #62081, in accordance with the general plans and specifications contained in Exhibit "B." Countryside has selected a color for both sides of the Walls and County will specify this color when ordering the Optional Work Item. 8, Upon completion of the Optional Work, final payment to the Contractor and acceptance of the Optional Work, County will provide Countryside with a final accounting for all costs associated with the Work, Within thirty (30) days thereafter County shall disperse any surplus funds, including all accrued interest, to Countryside, As used herein "surplus" means any money remaining after all contractual or legally required payments have been made by County related to the Optional Work, and does not include any remaining balance during the pendency of a contactor dispute or claim regarding the Work, 9, After completion of the Optional Work, Countryside shall install all landscaping and irrigation improvements as provided for in the Plan, and shall thereafter maintain all such improvements as required by the LDC, Countryside acknowledges that its failure to plant and maintain all landscaping and associated improvements in accordance with County approvals, will result in a code violation. The parties agree that nothing contained in this Novation Agreement shall act as a waiver or acquiescence by County of existing code requirements and their enforcement. 10, After acceptance of the Optional Work, County will grant Countryside an irrevocable license to enter upon County right-of-way to access and maintain the northernmost Noise Wall Segment. All activity within County right-of-way will be conducted in conformity with County's standards and local ordinance. However, no right-of-way permit will be required, 11, Countryside agrees to assume all maintenance responsibility for the completed Walls and all landscaping installed on Countryside's property in perpetuity. For those portions of the Walls located within the County right-of-way, Countryside agrees to indemnify the County for and from, and to reimburse County with respect to, any and all damages, claims, liabilities, actions, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses), penalties or fines incurred by or asserted against the County by reason or arising out of Countryside's maintenance of the Walls. County will be responsible for the perpetual maintenance of all landscape improvements which County installs within its right-of-way, It is understood by the parties that Countryside need only design, install and maintain landscaping and associated irrigation for those portions of the Walls to be built on Countryside property, 12, 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 transmittal, or by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to County: Kevin Hendricks, Manager Transportation and Engineering Department 2885 South Horseshoe Dr. Naples, Florida 34104 (tel)(239) 213-5844 (fax)(239) 213-5885 Agreement I Agenda Item No. 1682 February 27, 2007 Page 4 Page 7 of 12 If to Countryside: Mr. Richard Kudelski, President 600 Countryside Drive Naples, FL 34104 (tel) (239) 353-1780 (fax) (239) 353-3717 The addressees and numbers may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 13, County will obtain for the benefit of Countryside all express warranties given to the Contractor of the Walls by contractors, subcontractors and materialmen supplying materials, equipment or fixtures for the Walls, County will obtain a warranty for the benefit of Countryside from the Contractor of the Walls that: (1) any materials and equipment furnished under the project contract shall be new unless otherwise specified; (2) all work shall be of good quality, free from all defects and in conformance with the project contract documents; (3) all materials and equipment furnished under the contract documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the contract documents; (4) if, within one (1) year after the Walls are completed and accepted by County, any work is found to be defective or not in conformance with the contract documents, Contractor shall correct it promptly after receipt of written notice from County or Countryside; and (5) that Contractor will be responsible for and pay for replacement or repair of any damages to Countryside's property resulting from such replacement or repair. 14. COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, AS TO THE EFFICACY OF SOUND ATTENUATION OF THE WALLS, THE CONDITION OR QUALITY OF THE OPTIONAL WORK AND THE FITNESS OF THE WALLS FOR ANY PARTICULAR PURPOSE. 15. No later than 30 days after completion of the Walls, the County Project Manager and a representative of Countryside shall conduct an inspection of the Walls to verify compliance with the requirements of the Agreement. The Contractor's representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for County to disqualify the Contractor from future bid opportunities with County, in addition to any other rights and remedies available to County pursuant to the contract documents. 16. County shall use its best efforts to minimize the construction impacts to existing vegetation in accordance with the attached specifications, but is under no obligation to replace any trees damaged, removed or unsuccessfully relocated due to construction. County shall restore the ground cover on all areas left disturbed by the construction and will remove and discard existing fence. 17. Countryside will designate a representative for the duration of construction effort and for purposes of all notice obligations of the County under the terms of this Agreement. County will keep this person informed of the status of progress of the Optional Work, as well as supply this person with all accountings requested pursuant to this Agreement. Upon receipt of record drawings from the contractor for the project, County will furnish these drawings to Countryside. 18. No waiver of, or failure to claim, any breach of this agreement by either party shall be construed as a waiver of any rights or remedies with respect to any subsequent breach of this Agreement. 19, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal Agreement Agenda Item No. 1682 February 27,2007 Page 5 Page 8 of 12 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 20, The parties acknowledge and agree that the failure of the proposed Walls, once completed, to conform with Countryside members anticipated appearance of such Walls shall not constitute a breach of this Agreement. 21, The reciprocal obligations contained herein are contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, 22, This Agreement is govemed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk FRANK HALAS, Chairman RK (initials) Agreement AS TO COUNTRYSIDE: WITNESSES: Witness (Signature) Name: ( Print) Witness (Signature) Name: (Print) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County RK (initials) Agenda Item No. 1682 February 27,2007 Page 6 Page 9 of 12 Countryside Master Association, Inc., a Florida not-for-profit corporation By: Richard Kudelskl, President Agenda Item ~r::, ~6B~ Page 10 of 12 LINE L1 L2 LJ I.INE TABLE BEARING , 7'38" w 8'57'.38"w N88'S7'4S"'E: DISTANCE: 100.00' 15.00' 15.00' ~~~ I 1200 SECTION 5, TOWNSHIP 50 SOUTH, RANCE: 26 EAST COUNTRYSIDE AT BERKSHIRE LAKES PLAT BOOK 18, PAGES 1-4, SECTION" GOLF COURSE: UAlNTf:NANCE FACILITY TRACT 13 GOLF COURSE TRACT 15 PARCEL 700 . TE:MPORARY CONSTRUCTION EASEMENT 52,J5O:t SOUARE FEU GOLF COURSE TRACT /5 u L2 H01.0Z'ZZ"W 1US.45' 501.0 1 HO'.OZ',S"W 1874.55' S01.0Z'1S"[ 1S74.55, SANTA BARBARA BOIJLIVARD O.R. BOOK 148J PACE 'S17 O,R. BOOK 2628 PACE :U:U P.O.C, EAST 1/4 CORNER S-5. T-5O-5. R-26-E O,R, BOOK 198J PN;C 920 LEGAL DESCRIPnON ALL THAT PART OF GOLF COURSE TRACT IS, COUNTRYSIDE AT BERKSHIRE LAKfS. PLAT B(>>( 78. PAGeS 1-4. SEcnON 4, COWER COUNTY. FLORIDA, AND GOLF COURSE MAlNTE:NANCE FACILITY TRACT 1J, COUNTRYSIDE AT BERKSHfRE LAKES. PiA T BOOK 18, PAGES 7-4, SEcnON 4, COl.LlfR COUNTY. FLORIDA, BEING MORf PARnCULARL Y DESCRl8aJ AS FOLLOWS; COMMENCING AT THE EAST OUARTfR CORNER OF SfC710N 5, TOWNSHIP 50 SOUTH, RANGe 26 EAST. COLL/fR COUNTY, FLORIOA; THfNCE SOUTH 88'57'J8- KST 700.00 FEET TO A POINT ON THE MfST RIGHT OF WAY UN[ OF SANTA BARBARA BOULEVARD (200 FOOT RICHT OF WA Y) SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID MfST RIGHT OF WAY LINE SOUTH 0''02'22- EAST 7,9~.4S fEET: THENCE LEAVING SAID KFST RIGHT OF WAY LINE SOUTH 88'57'.18- ItE"ST 75.00 FEET TO A POINT ON A LINE 15.00 FEET MfST OF AND PARALLEL ttfTH SAID MfST RIGHT OF WA Y LINE; THENCE ALONG SAID LINE NORTH 01'02'22. MfST 1.9J5.45 FrfT TO A POINT 15.00 FEH MfST OF THE MfST RIGHT OF WA r LINE OF SANTA BARBARA BOULEVARD; THENCE ALONG A LINE 15.00 FEH MfST or AND PARALLEL WITH THE Mf"ST RIGHT OF WA Y LINE OF SAID SANTA BARBARA BOULEVARD NORTH 017J2'75" Mf"ST 1,874.55 FEfT; . THENCE LEAVING SAID LINE NORTH 88'57'45- EAST 15.00 FEET TO A POINT ON THE MfST RIGHT OF WAY LINE OF SAID SANTA BARBARA BOULEVARD; THENCE ALONG SAID It!"ST RIGHT OF WAY LINE SOUTH 01'02'15- EAST 1,874.55 FEfT TO THE POINT OF BEGINNING. CONTAlMNG 57,150.00 SOUARE FEET. MORE OR LEss. SUBECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF SECTION 5. TO'MISHIP 50 SOUTH. RANCE 26 EAST. COLLIER COUNTY, FLORIDA BEING SOUTH 01'02'IS. EAST. *** NOT A SURVEY *** I]J( RK I f~; I~II' I~I i ~ I~ ; ~ IIi .. ""UJIlI,_ .. .. EXHI3IT /!; Page 'of ~ ... s __.L .. ~.. ." . II p .. ! _.~_._._---_._-_. -..-.. I I i I lI: ~ lI: ~ Agenda Item No, 16B2 February 27,2007 Page 11 of 12 g I I __J!_________ J:'"-. ..---..-.. ~ l: --') r I p l:: i p. ::l ~ I ~ p" !I . iii) ,,,' r:r, ~" I" ql,' ifl . e !h ~i all !I~ I I I _I fj~ .. .,..-. --- Page ~of :J-/ ... .. .. ..~ ~~ I ~ :i ~~ i ill i ~ 2CI!I II aa ~ Cl~a la li~ ~ ; ~IB I a ~ .. ~ II 8i b II ;:0;:0 a ~ ~~li - ::1:l ! i ~ ; :::!I :::! ::1 ""'t ~ ~ '" III ! ~~~ ~/!, I b ::1~~ ~ .. <:I ~ ~ ~gl: ~I ~ ~ ~s .~ ;;: ~ ~ ~~~ ~! , 1'- !- i '( ~h II 1:1. I .s . 11 j I~ . S'" : ri l II r " f i I I . a I .. . I J lr i l!. l !'O ,. 8 f:t I J ;:: Iii ~ " 'Ii ~ t · I d : ~ I J~II ~ ! . ~I tit i J ~ ~ (l I " !It t I II r I hi I.- 11 I i ~~! i t I~ I I 1'1 ~ ~r I ~ 1" I i 5f i! 'i f g r lh ~ l i (Jq I Jilt' ~ Ii ;:. ~ ... ... r f ! ! ~ i t I ij ss ~iii' It 'I .lh W""lf 1 &' t"lI,l II i~i i'~ :l.e~ :"i~ Id i.l' ~ ,=: .' i~ ...r ~. ~i r. ..i i' ! ... i Agenda Item No, 1682 - February 27,2007 Page 12 of 12 ... .... PI .... ~ ~ ~u a I! ~! ! ~ 1:I ~ '" '" n n a.n i i .. i iiil; ,:,:,:,: ~ ... I tj . . , . ~ IS <:: eB i ~ ~~tt:~ ~ _ '" . . .. III F ~~ i ~ ~':..~ ~ ... . . , . ~ ~!II i~hl 9 ! ! ! ~~ ... .. ....~ ~~ r ~ I lIE ~ ~ !i!~ 1!I ala ;: ~ a"'a la !!I i ~il! II a Sil ... is .. ~ ;:! lit;" ;:"'ll ij :::! '" 6 ~ ~ ~ ;:! ~ si :::! ~ i _~i ~ l!t .. ~~~ ;:! i!i ~ i ~ ~~~ ~~ I g ot:: t:I ~ ~ r>i a: ~ ~ ~ hi III Agenda Item No, 1683 February 27, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to approve the purchase of two (2) Crew Cab Flat Bed Dump Trucks in accordance with Collier County Bid #04-3591 from Wallace International Trucks in the amount of $139,495,14, OBJECTIVE: To enhance the daily repair and maintenance on County roadways and right-of- ways within the Road Maintenance Department. CONSIDERATIONS: The Road Maintenance Department requires two (2) Crew Cab Flat Bed Dump Trucks as replacement vehicles, which will be purchased off the renewal agreement of Collier County Bid #04-3591. FISCAL IMP ACT: Vehicle replacement funds were approved in the FY 07 budget in the amount of$139,495.14 and are available in the Road Maintenance Fund 101 Capital. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the purchase of two (2) Crew Cab Flat Bed Dump Trucks per Bid #04-3591 from Wallace International Trucks in the amount of$139,495.14. Prepared By: Travis D. Gossard, Supervisor Vegetation Mgmt., Road & Bridge Maintenance Dept. Attachment: Bid Document - Ilem Number: Item Summary: Meeling Dale: Agenda Item No. 1683 February 27. 2007 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B3 Recommendation to approve the purcl1ase at two {2i Crew Cab Flat Bed Dump Trucks In accordance with Calher County Bid #04--3591 trom Waliace Internatlonai Trucks In the amount of $13949514 2/27f2007 9:00:00 I,M Date Prepared By Travis D. Gossard Transportation Services Vegetation Management Supervisor Road Maintenance 2112/20078:56:23 AM John Vliet Roads Maintenance Superintendant Date Approved By Transportation Services Road Maintenance 2112120079:08 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 2112/20075:30 PM Approved By Rookmin Nauth Transportation Services Date ManagemenUBudget Analyst Transportation Engineering and Construction 2113120079:08 AM Date Approved By Norm E. Feder. A1CP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/13/200710:56AM Brenda Brithart Purchasing Agent Date Approved By Administrative Services Purchasing 2/141200710:37 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 21141200711 :42 AM Approved By Steve Carnel! Administrative Services Purchasing/General Svcs Director Date Purchasing 2/14/20075:15 PM Pat Lehnhard Executive Secretary Date Approved By TransportatIon Services Transportation Services Admin 2/15/2007 9: 34 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 2/15120073:10 PM Budget Anatyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 2116/20079:45 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2/20/2007 8:41 AM Agenda Item No. 1663 February 27, 2007 Page 3 of 19 /~ m:rm;rr' ,) 7300 SBA 4x2 Sales Proposal For: Collier Crew=Cab Presented By: WALLACE INTERNATIONAL . . ';<.\/;;i;;;;';, INTI!RNATIONAL~ Agenda Item No, 1683 February 27,2007 Jarfui~i, <2Oo1J , . Prepared For: Collier Crew=Cab Board of Commissioners 3301 Tamiami TrI, E Naples, FL 34112-3969 (239)774 - 8425 Reference 10: N/A . Presented By: WALLACE INTERNATIONAL Kenneth N Wallace 2761 E EDISON AVE FORT MYERS FL 33916 (239)334-1000 Diamond SPEC" APPLICATION: MISSION: Model Profile 2008 Diamond SPEC11l 7300 SBA 4X2 (SA615) Flat Dump Requested GVWR: 33000. Calc. GVWR: 31000 Calc. Start / Grade Ability: 21.00% /2.10% @ 55 MPH Calc. Geared Speed: 70,7 MPH 8.53 MPG @ 55 MPH Wheelbase: 205.0, CA: 94,0, Axle to Frame: 75,0 {International MaxxForce DT} 50 State, 225 HP, 560 tb-ft Torque @ 1400 RPM, 2600 RPM Governed Speed, # 2 Bell Housing {ALLISON 2500_RDS_P} 4th Generation Controls; Wide Ratio, 5-Speed, With Overdrive; On/Off Hwy; 33,000 Ib GVW & GCW Max., With PTO Provision, Less Retarder Omit Item (Clutch & Control) {Dana Spicer 1-100W} Wide Track, !-Beam Type, 10,ooo-lb Capacity {Dana Spicer 21060S} Single Reduction, 21 ,OOO-Ib Capacity, Hypoid Gearing With 200 Wheel Ends Gear Ratio: 6.17 CAB: Conventional 6-Man Crew Cab TIRE, FRONT: (2) 12R22.5 XZE (MICHeliN) 486 rev/mile, load range H, :16 ply TIRE, REAR: (4) 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply SUSPENSION, RR, SPRING, SINGLE:Vari-Rate; 23,50o-lb Capacity PAINT: Cab Schematic 100GN Location 1: 9219, Winter White Chassis Schematic N/A FUEL ECONOMY: DIMENSION: ENGINE, DIESEL: TRANSMISSION, AUTOMATIC: CLUTCH: AXLE, FRONT NON-DRMNG: AXLE, REAR, SINGLE: 2 Proposal: 4836-01 INTERNATIONAL' Vehicle SDecificatlons 2008 7300 SBA 4X2 (SA615) Agenda Item No. 1683 February 27,2007 JarFuil~i', ~il1l DesCriDtion Base Chassis, Model 7300 SBA 4X2 with 205.0 Wheelbase, 94.0 CA, and 75.0 Axle to Fmme, TOW HOOK, REAR (2) TOW lOOP, FRONT FRAME RAilS Heat Treated Alloy Steel (120,000 PSI Yield); 10,250" x 3.610" x 0.375" (260Amm x 91,7mm x 9,5mm); 456.0" (11582mm) Maximum OAl BUMPER, FRONT Steel, Swept Back Includes : PLEASE NOTE: Powder Coated Gmy (Argent) Color WHEELBASE RANGE 189" (48Ocm) Through and Including 256" (65Ocm) AXLE, FRONT NON-DRIVING {Dana Spicer 1-100W} Wide Tmcl<, I-Beam Type, 10,000-1b Capacity SPRINGS, FRONT AUXILIARY Rubber SUSPENSION, FRONT, SPRING Pambolic, Taper Leaf; 10,OOO-Ib Capacity; With Shock Absorbers Includes : SPRING PINS Rubber Bushings, Maintenance-Free BRAKE SYSTEM, AIR Dual System for Stmight Truck Applications Includes : AIR COMPRESSOR AIR SUPPLY LINE International Engines Naturally-Aspirated : BRAKE CHAMBERS, SPRING (2) Rear Parking : BRAKE LINES Color Coded Nylon : DRAIN VALVE Twist-Type : DUST SHIELDS, FRONT BRAKE : DUST SHIELDS, REAR BRAKE : GAUGE, AIR PRESSURE Air 1 and Air 2 Gauges; Located in Instrument Cluster : PARKING BRAKE VALVE Color-Coded Yellow Knob, Located on Instrument Panel : SLACK ADJUSTERS, FRONT Automatic : SLACK ADJUSTERS, REAR Automatic : SPRING BRAKE MODULATOR VALVE AUXILIARY GLAD HAND CONNECTOR on Air Reservoir DRAIN VALVE, AUTOMATIC {Bendix DV-2} With Heater, for Air Tank AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) AIR DRYER {Meritor-Wabco System Saver 1200) Mounted in Standard Location BRAKES, FRONT, AIR CAM S-Cam; 15.0" x 4.0"; Includes 20 Sq, In. MGM Long Stroke Bmke Chambers BRAKES, REAR, AIR CAM 16.5" x 7.0"; Includes MGM TR3030 Long Stroke Bmke Chamber and Heavy Duty Spring Actuated Parking Brake AIR COMPRESSOR {Bendix Tu-Flo 55O} 13.2 CFM Capacity STEERING COLUMN Stationary STEERING WHEEL 2-Spoke, 18" Diam" Black STEERING GEAR {Sheppard M-1oo} Power EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device, Frame Mounted Right Side Back of Cab, Includes Horizontal Tailpipe ELECTRICAL SYSTEM 12-Volt, Standard Equipment Includes : BA TIERY BOX Steel with Fiberglass Cover, Mounted Right Side, Back of Cab 3 Proposal: 4836-01 INT!RNATIONALi> Vehicle Specifications 2008 7300 SBA 4X2 (SA615) Agenda Item No, 1683 February 27,2007 Jarfui~f8, <iOl?J DescriDtion : DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab : HEADLIGHTS (2) Sealed Beam Halogen, 5" X 7" Rectangular, with Chrome Plated Bezels : HORN, ELECTRIC Single : PARKING LIGHT Integral with Front Tum Signal and Rear Tail Ught : RUNNING LIGHT (2) Daytime : STARTER SWITCH Electric Key Operated : STOP, TURN, TAIL & BfU LIGHTS Dual, Rear, Combination with Reflector : TURN SIGNAL SWITCH Self-Cancelling, Headlight Dimmer (with Flash- To-Pass Feature) : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Tum Signals, Solid State Flashers; Flush Mounted : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature, Integral with Tum Signal Switch : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted : WIRING, CHASSIS Color Coded and Continuously Numbered CIGAR LIGHTER HORN, ELECTRIC (2) POWER SOURCE Cigar Type Receptacle without Plug and Cord ALTERNATOR {Leece-Neville 8LHP2172VAH} Brush Type; 12 Volt 110 Amp, Capacity, Pad Mounted ELECTRIC TRAILER BRAKElLIGHTS Accommodation Package to Rear of Frame; for Combined Trailer Stop, Tail, Tum, Marker Ught Circuits; Includes Electric Trailer Brake Accommodation Package With Cab Connections for Mounting Customer Installed Electric Brake Unit, Less Trailer Socket BAlTERY SYSTEM {International} Maintenance-Free, (2) 12-Volt 1850CCA Total RADIO {International} AM/FM Stereo With Weatherband, Clock, Includes Multiple Dual Cone Speakers Includes : SPEAKERS IN CAB (2) Dual-Cone with Deluxe Interior : SPEAKERS IN CAB (4) Coaxial with Premium Interior SWITCH, AUXILIARY Accessory Control; for Wiring in Roof, With Maximum of 20 amp Load With Switches In Instrument Panel HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail ENGINE SHUTDOWN Automatic; With 30 Second Delay, With International Engines INDICATOR, LOW COOLANT LEVEL With Audible Alarm STARTING MOTOR {Leece-Nevtlle M130D} 12 Volt; Less Thermal Over-Crank Protection CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses INSULATION, UNDER HOOD for Sound Abatement GRILLE Stationary, Painted INSULATION, SPLASH PANELS for Sound Abatement BUG SCREEN Front End; Mounted Behind Grille FRONT END Tilting, Fiberglass, With Three Piece Construction; for 2007 Emissions PAINT SCHEMATIC, PT-1 Single Color, Design 100 Includes : PAINT SCHEMATIC 10 LElTERS -GM" PAINT TYPE Base Coat/Clear Coat, 1-2 Tone KEYS - ALL ALIKE Fleet - Includes Ignition and Cab Door Keys KEYS,- ALL ALIKE, 10 Z-250 CLUTCH Omit Item (Clutch & Control) 4 Proposal: 4836-01 I NTERMATIONAl" Vehicle Soeclfications 20087300 SBA 4X2 (SA615) Agenda Item No, 1683 February 27, 2007 JarPuiij€18,120011 DescriDtion ENGINE, DIESEL {International MaxxForce DT} 50 State, 225 HP, 560 Ib-ft Torque @ 1400 RPM, 2600 RPM Governed Speed, # 2 Bell Housing Includes : COLD STARTING EQUIPMENT Intake Manifold Etectric Grid Heater with Engine ECM Control : CRUISE CONTROL Electronic; Controls Integral to Steering Wheel : ENGINE OIL DRAIN PLUG Magnetic : ENGINE SHUTDOWN Electric, Key Operated : FAN Optimized Position : FUEUWATER SEPARATOR and FUEL FILTER in a Single Assembly, Mounted on Engine : GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted : GOVERNOR Road Speed, Electronic : OIL FILTER, ENGINE Spin-On Type : WET TYPE CYLINDER SLEEVES FAN DRIVE {Borg-Warner SAB5} Viscous Screw On Type Includes : FAN Nylon RADIATOR Cross Flow, Series System; 1228 Sqln Aluminum Radiator Core and 1167 Sqln Charge Air Cooler FEDERAL EMISSIONS for 2004; for International VT365, DT466 and DT570 Engines AIR CLEANER Dual Element THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel ENGINE CONTROL, REMOTE MOUNTED - No Provision Furnished for Remote Mounted Engine Control FEDERAL EMISSIONS 2007 for International MaxxForce DT Engines (DT466) EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon Surge Tank and 15 psi Pressure Cap TRANSMISSION, AUTOMATIC {ALLISON 2500_RDS_P}4th Generation Controls; Wide Ratio, 5-Speed, With Overdrive; On/Off Hwy; 33,000 Ib GVW &. GCW Max" With PTO Provision, Less Retarder Includes : TRANSMISSION OIL PAN Magnet in Oil Pan TRANSMISSION OIL {CastroI TranSynd} Synthetic; 20 thru 28 Pints AXLE, REAR, SINGLE {Dana Spicer 21060S} Single Reduction, 21,000-1b Capacity, Hypoid Gearing With 200 Wheel Ends Includes : REAR AXLE DRAIN PLUG (1) Magnetic SUSPENSION, RR, SPRING, SINGLE Van-Rate; 23,500-lb Capacity SPRINGS, REAR AUXILIARY Multileaf; 4,500-Ib Capacity AXLE, REAR, LUBE {ErnGard 75W-90} Synthetic Oil; 1 thru 29,99 Pints FUEL TANK Top Draw; D Style, Non Polished Aluminum, 19" Deep, 70 U,S. Gal., 265 L Capacity, With Quick Connect Outlet, Mounted Right Side, Under Cab Includes : FUEL LINES Nylon Tubing With O-Ring Snap-On Quick-Connect Fittings at Both Ends CAB Conventional G-Man Crew Cab Includes : ARM REST (2) Molded Plastic, Smoke Gray; One Each Door : CLEARANCEfMARKER LIGHTS (5) Flush Mounted : COAT HOOK l.ocated on Rear Wall, Centered Above Rear Window 5 Proposal: 4836"{)1 INTERNATIONAL' Vehicle Soeclfications 2008 7300 SBA 4X2 (SA615) Agenda Item No, 1683 February 27, 2007 Ja.rui~1%, <foo9 pescription : FLOOR COVERING Rubber, Black : GLASS, ALL WINDOWS Tinted : GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side : GRAB HANDLE, CAB INTERIOR (4) Front and Rear of "B" Pillar, Two Each Side ; PLEASE NOTE: 43.9" CA Loss : STEP (4) Two Steps Per Door GAUGE CLUSTER English With English Electronic Speedometer Indudes : GAUGE CLUSTER (6) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic), Tachometer (Electronic), Voltmeter, Washer Fluid Level : ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout : WARNING SYSTEM Low Fuel, Low Oil Pressure, High Engine Coolant Temp, and Low Battery Voltage (Visual and Audible) GAUGE, OIL TEMP, ALLISON mAN IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster SEAT, DRIVER {NationaI2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar Support Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type SEAT, TWO-MAN PASSENGER {Gra-Mag} With Two Integral Headrest, Vinyl, With Fixed Back, Less Under Seat Storage Compartment Includes : SEAT BELT (2) One 3-Point Shoulder Belt and One 2-Point lap Belt (Center Position) SEAT, REAR {International} BENCH; Full Width; Vinyl, With Fixed Back and Two Integral Outboard Headrest Includes : SEAT BELT (3) Two 3-Point Shoulder Belts and One 2-Point lap Belt (Center Position) GRAB HANDLE (2) Chrome Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left and Right GRAB HANDLE. ADDITIONAL (2) Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; Mounted Left and Right Side on Exterior, Rear of Rear Doors, With Crew Cab MIRRORS (2) {Lang Mekra} Rectangular, 7.44" x 14.84", Brackets Breakaway Type, Wrth 102" Wide Spacing, With 7.44" sq. Convex Both Sides INSTRUMENT PANEL Center Section, Flat Panel AIR CONDITIONER {Intemational Blend-Air} With Integral Heater & Defroster Includes : FRESH AIR FILTER : HEATER HOSES Premium : REFRIGERANT Hydrofluorocarbon HFC-134A FRESH AIR FILTER for HVAC CAB INTERIOR TRIM Deluxe; for Crew Cab Includes : "A" PILLAR COVER Molded Plastic, Smoke Gray : CAB INTERIOR TRIM PANELS Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the Following: with a Two-Man Passenger Seat the Back Panel is Only Partially Covered and with a Full Bench Seat the Back Panel is : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets and Retainer Nets and CB Radio Pocket : DOME LIGHT, CAB Rectangular, Door Activated, Timed Theater Dimming, Center Mounted, Integral to Console : DOOR TRIM PANELS (2) Molded Plastic; Driver and Passenger Doors : HEADLINER Printed Cloth : INSTRUMENT PANEL TRIM Molded Plastic, Drawbridge Gray with Black Center Section, Hidden Cup Holder and Ash Tray (Pull-Out) 6 Proposal: .a36-01 INTERNATIONAL~ Vehicle SDeCifiCations 2008 7300 SBA 4X2 (SA615) Agenda Item No. 1683 February 27, 2007 Ja~JN1IY ~,OZOW Descrlotion : STORAGE POCKET, DOOR (1) Molded Plastic. Full-Length; Driver Door : SUN VISOR (2) Padded Vinyl with Driver Side Toll Ticket Strap, Integral to Console CAB REAR SUSPENSION Air Bag Type WHEELS, FRONT DISC; 22S Painted Steel, 2 Hand Hole, 10 Stud (285,75MM BC) Hub Piloted, Flanged Nut Metric Mount 8.25 DC Rims; With Steel Hubs. Includes : PAINT IDENTITY, FRONT WHEELS White : WHEEL SEALS, FRONT Oil Lubricated, Includes Wheel Bearings WHEELS, REAR DUAL DISC; 22S Painted Steel, 2 Hand Hole. 10-Stoo (285.75MM BC) Hub Piloted, Flanged Nut, Mebie Mount 8.25 DC Rims; With Steel Hubs Includes : PAINT IDENTITY, REAR WHEELS White : WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings (2) TIRE, FRONT 12R22.5 XZE (MICHELIN) 486 rev/mile. load range H, 16 ply (4) TIRE, REAR 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply Services Section: WRTY,L TO, BASIC VEHICLE DSPEC {Diamond SPEC} To 24-Month/Unlimited Mileage; Includes Diamond Emergency Breakdown Service; With gO-Day Towing Ox Intergrated FlatBed Dump To Bid Specifications 7 Proposal: 4836-01 n4TI!RNATIONALt Electronic Parameters Summary 20087300 SBA 4X2 (SA61S) Parameter ENGINE, DIESEL (OO12NSII) A TTACHMENTS:0004091 (BRAKE SYSTEM, AIR) ~ UOM PASSWORD-1 MAX-VEHICLE-SPEED MIN-CRUS-CNTRL-SPD MAX-CRUS-CNTRL-SPD VEHICLE-RETARDER PTO-MAX-ENGINE-SPEED PTO-PRESET-SPD-1 PTO-PRESET-SPD-2 PTO-RPM-RAMP-RA TE PTO-MAX-VEHICLE-SPEED PTO-REMOTE-PEDAL PTO-DISABLE-CAB-INTERFACE DRIVELlNE-MODE IDLE-SHUTDN-MODE SERVICE-INTERV AL-ENABLE 0000 70 35 70 OFF 2600 1000 1500 100 10 NO NO NEUTRLOP OFF OFF These Electronic Parameters have been successfully finalized 8 N/A MPH MPH MPH N/A RPM RPM RPM RPMlSEC MPH N/A N/A N/A N/A N/A Agenda Item No. 1683 February 27, 2007 Jfn<m.t< l.f$,~ob~ Proposal: 4836-01 INTI!RNATIONAL* Financial Summary 20087300 SBA 4X2 (SA615) Agenda Item No. 16B3 February 27, 2007 Ji'~ ~8,cio1fi (USA DOUAR) Description Factory List Prices: Product Items Service Items Total Factory List Price Induding Options: Service & Delivery (Medium Duty) Safety Equipment (Fire Ext,& Triangles) Steel Surcharge Service Manuals Total Preparation And Delivery: Freight Charge Total Freight: Total Factory List Price Including Freight: Less Customer Allowance: Total Vehicle Price: Total Body/Allied Equipment Total Sale Price: Total Per Vehicle Sales Price: Net Sales Price: Price $85.031.00 $0,00 $85,031.00 $400,00 $75.00 $550.00 $125,00 $1 ,175.00 $1,150.00 $1,175,00 $87,356.00 ($26,768.43) $60,587.57 $9,160.00 $69,747.57 $69,747.57 $69,747.57 Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be pleased with the quality and service of an International vehicle, Approved by Seller: Accepted by Purchaser: Official Title and Date Finn or Business Name Authorized Signature Authorized Signature and Date This proposal is not binding upon the seller without Seller's Authorized Signature Official Title and Date 9 Proposal: 4836-01 INTERNATIONALS' Provisions of Sale 2008 7300 SBA 4X2 (SA615) Agenda Item No, 1683 February 27, 2007 JfriWt-ry 1?s,~OW ADDITIONAL PROVISIONS OF SALE 1. Buyer agrees to accept the invoicing for trucks and equipment covered by this agreement immediately upon completion of manufacture at seller's assembly plant Title and risk of loss shall pass to buyer upon tender of invoice. 2. While a late charge may be assessed from due date to actual date of payment, it is not intended for late charges to be accepted in lieu of prompt payment 3, The trade allowance set forth herein is based upon our appraisal of the trade-in referred to in its present mechanical condition, free of all liens, and with the equipment and attachments set forth upon our appraisal sheet Such trade-in shall be subject to reappraisal at the time it is delivered to us and if it is reappraised at a different value than the trade allowance setforth herein, because of difference in mechanical condition or because of removal or substitution of equipment or parts or attachments, or because it is subject to a lien not set forth herein, the trade allowance shall be changed to such reappraised value and the difference between the trade allowance set forth herein and the reappraised value, less any lien not set forth herein, shall be paid in cash at the time that the new vehicle or vehicles covered by this proposal are delivered to you, 4. You agree to accept the goods covered by this proposal, as fulfillment thereof, with such changes in design and materials, or either of them, that the manufacturer may make. 5. If any sales or excise taxes now in effect shall be increased, any new sales excise, floor or processing taxes shall be imposed by federal, state or local laws, or if the amount of such tax actually due exceeds the amount specified in this proposal, you are to reimburse us for any and all such increased, or additional new, taxes that we may be required to payor to reimburse others by reason of the manufacturer, importation, purchase or sale of the vehicles and equipment carried by this proposal. 6, We shall not be responsible for delays in transportation or to delay the same on time when prevented by strikes, fires or accidents, or by the demand exceeding the available supply, or by any other cause reasonable beyond our control. 7. The limited warranties applicable to the vehicles described herein are International Truck and Engine Corporation's standard printed warranties which are incorporated herein by reference. NOTE: Disclaimer.The corporation's standard printed warranties are in lieu of all other warranties, expressed or implied, Intemational Truck and Engine Corporation specifically disclaims warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, aU other representations to the use/purchaser, and aU other obligations or liabilities. The corporation further excludes liability incidental or consequential damages, on the part of the corporation or seller. No person is authorized to give any other warranties or to assume any liabilities on the corporation or seller's behalf unless made or assumed in writing by the corporation or the seller. 10 Proposal: 4836-01 INT!RNATIONAL" Perfomance TCAPE Summary 20087300 SBA 4X2 (SA615) Agenda Item No, 1683 February 27, 2007 Jfriml\- 1il.c2~ ENGlNElTRANSMISSION MATCHING Sawtooth Grid 3000 2500 ;;.. "'? 2000 .' .' 1500 c- .,. 1000 g 500 0 0 .-, -..t-.-- , .t ~.. .. - - - .' -t . , .... ____to . . . ~ .. - . -l. . - - - - .1 ~- i i .."".'t,...'t-- '~:'.r --I ' r T j i __..._:_ OM_ ..,. I I I I 1 I I I . . '! -,. -- - -r"-'''h,'''' "h'____' h.t--... -nth hh -./. -- - -- - t' h h__ -r- --. h..' .. -- -- --t h' --..,/ i - .~n_".~. _~u --- -~-~ ---- --- _~u.__ ...~i._.- _____~u --.. - .i,~-- -----l--~ u_ _.~ ---'" uhl-h.. u.l_ i ! i i i i i i i i i i i -. -l-h_h-r-------r-h.---l---hhr-----.. .,---- hh,___ h'--r---'" h, ,.m--r----h, . I . l I I' I I . . . I I I I I . , , . 'Of 5 10 15 20 25 30 35 40 45 50 55 6D 65 70 Vehlde Speed (mph) Marginal Operating Power Governed Engine Speed (2600) 85% Operating Range (1705) Below Recommended Minimum 90% Operating Range (1848) Actual Vehicle Power Sawtooth Details Gear Trans Upshift Power Avail Govern Power Avail Peak Power Comparison Warn Msg Ratio Veh Spd Eng Spd Veh Spd Eng Spd Gear Step 85% Range 9O-k Range (MPH) (RPM) (MPH) (RPM) (-h.) (%) (-I. ) 1C 3.51 0.0 2318.8 9.3 2373,6 N/A 52 41 2C 1,90 9.3 2261.7 18.5 2409.0 N/A 52 41 2L 1,90 18.5 1746.1 27.3 2580.2 N/A 52 41 3L 1.44 27.3 1955.5 35,7 2551,7 N/A 52 41 4L 1.00 35.7 1772.0 50,8 2525.0 N/A 52 41 5L 0.74 50,8 1868.5 70.7 2600.0 N/A 52 41 11 Proposal: 4836-01 INTER"ATIONAL~ Perfomance TCAPE Summary 20087300 SBA 4)(2 (SA615) Agenda Item No, 1683 February 27,2007 Jf~~ ~,~~9 STEADY STATE PERFORMANCE Performance Results Gear Grade Notes Wo) 0.00 0,48 2.10 - Calculated Grade AbilitylFuel Economy VEHICLE ORDER CODING ERRORS MAY RESULT IF THE "LEVEL ROAD MAX SPEED" VALUE EXCEEDS THE "HI GEAR SPEED @ RATED RPM" AND IS USED AS THE ENGINE PROGRAMMABLE VEHtCLE SPEED LIMIT. IDLE FUEL RATE: 0.79 GALS/HR @ 800 RPM TORQUE CONVERTER: TG-211 STALL RATIO: 2.05 Veh Spd (mph) 71.3 70,7 55,0 Eng Spd (rpm) 2622 2600 2022 Fuel Econ (mpg) 5,80 5,88 8.53 LEVEL ROAD MAXIMUM SPEED 5L HI GEAR SPEED @ RATED RPM 5L 55,0 MPH STEADY-STATE 5L IF THE RESULTS CONTAIN" --", VEHICLE CANNOT ATTAIN THAT SPEED, IF THE RESULTS CONTAIN "****.", THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED. FUEL ECONOMY Fuel Economy Route: Normal Route - City, Suburban, and Highway Key Fuel Economy Infonnation MILES PER GALLON AVERAGE MPH MISSION MINUTES City 6.37 18.86 30.0 Suburban 8.96 39.71 52.1 Highway Notes 8.10 54,59 173.4 IF THE RESULTS CONTAIN "*****", THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED, 12 Proposal: 4836-01 Agenda Item No. 1683 February 27, 2007 INTERNATIONALfJ Perfomance TCAPE Summary Jfr.'O~ty 1~, ~~ 20087300 SBA 4X2 (SA615) GRADEABIUTY PERFORMANCE Enroute - Full Throttle Upshift Perfonnance Gear Trans Veh Spd Eng Spd Whl Pwr Grade Warn Notes Ratio (mph) (rpm) (hp) (%) Msg 1C 3,51 0.0 2318.8 0,0 36,30 STALL 6.4 2285.1 137,9 24.40 70% EFF 8.4 2336.8 155.9 21.00 80% EFF 9.3 2373.6 161.0 19.40 2C 1,90 9.3 2261,7 120.0 14.10 18.5 2409.0 163.9 9,30 2L 1.90 18.5 1746.1 165,3 9.40 27.3 2580.2 187.6 6,90 3L 1,44 27.3 1955.5 184,5 6,80 35,7 2551,7 187.9 4,90 4L 1,00 35.7 1772.0 166.4 4,20 50.8 2525.0 187.1 2.70 5L 0.74 50.8 1868.5 169.9 2,30 66,3 2437.5 183,5 1.00 70.6 2593.8 176,7 0,50 70,7 2600.0 176.4 0,50 RATED RPM 71,3 2622.3 149.2 0,00 LEVEL ROAD STARTING I TOP GEAR PERFORMANCE Gear Trans Veh Spd EngSpd Whl Pwr Grade Warn Notes Ratio (mph) (rpm) (hp) (%) Msg 1C 3.51 0,0 0.0 36,30 STALL 8.4 155.9 21.00 80% EFF - Calculated Start Ability THE TRANSMISSION WAS SIMULATED IN PERFORMANCE OPERATING MODE. 13 Proposal: 483fH)1 INTI!RNATIONAL1 Perfomance TCAPE Summary 2008 7300 SBA 4X2 (SA615) ACCELERATION PERFORMANCE RESULTS Acceleration Performance Grid Accelendion Performance Grid ~ -::J '" '" ;:.. .....) CO. .::::~.. .. __. . ! . "TO' -;:.0 I , '''' ;:,,,1:,,: -,,: ..j.,,, .:: ~ i i ! I .... '.'1" u. ..--. .t... u...ut. 'U'''' --l" ..... I I I I : ....-.. '"'t.... .................t.... -...... ........ i"...... ............-t......... ...... ......t... ......... ........ ....t-........... I I 1 I ..2 ~ l; ::,:- o 5 15 20 25 Time (secs) 1- Vehide Speed 30 35 45 40 10 - Distance ~ Acceleration Performance: TIME TO ACCELERATE ON A 0.00% GRADE TO 55.0 (MPH) IS 48.70 (SEeS) Acceleration Performance Details Gear 2 3 4 TIme (sees) 0.23 0.41 0.57 0.73 0.91 1.10 1.31 1.54 1.80 1.88 2.28 2.67 3.05 3,45 3,86 4.30 4.76 5.24 5.74 5,86 6.46 7.05 7,65 8.25 8.BB 9.53 10.22 10.95 11.61 12.38 13.17 13.97 Distance (feet) 0.2 0,6 1.1 2.0 3.1 4.7 6.7 9.2 12.4 13.5 19.3 25.5 32,0 39.5 47.9 57,3 67.9 79.7 93.0 96.2 112.7 130.1 148.5 168.0 189.1 212.0 237.3 265.5 291.5 322.9 356.0 391,1 Speed (mph) 1.0 2,0 3.0 4.0 5.0 6,0 7.0 8.0 9.0 9.3 10,3 11,3 12.3 13.3 14,3 15,3 16.3 17.3 18.3 18.5 19.5 20.5 21.5 22.5 23.5 24.5 25.5 26.5 27.3 28.3 29.3 30.3 Notes Agenda Item No, 1683 February 27, 2007 Jf~QFY ,i, 9lo~~ 2500 2000 1500 1000 500 I) o ;:; - II ::> n . ~ . ca c Proposal: 4836-01 14 INTI!RNATIONAL' Gear Time (sees) 14.79 15.65 16.55 17.50 18.51 18.87 20.04 21.21 22.40 23.59 24.80 26.03 27.28 28.57 29.89 31.26 32,69 34.20 35.79 37.47 39.25 39.56 41,69 43,87 46.07 48,33 48,70 5 6 Distance (feel) 428,3 468.4 511,8 559,1 610.5 629,2 691,2 755.5 821,8 890,4 961.4 1035,5 1113,2 1194,6 1280,2 1371,0 1468,0 1572,2 1684,6 1806,0 1937,1 1959,7 2120,6 2287.4 2460,1 2639,8 2669,9 Perfomance TCAPE SummarY 2008 7300 SBA 4X2 (5A615) Agenda Item No, 16B3 February 27, 2007 J~rilIl/ty118,~ Speed (mph) 31,3 32,3 33,3 34,3 35,3 35.7 36.7 37.7 36.7 39.7 40.7 41.7 42,7 43.7 44.7 45.7 46.7 47.7 48.7 49.7 50.7 50.8 51,8 52.8 53,8 54.8 55.0 Noles 15 Proposal: 4836-l11 INTERNATIONAL$ Pertainanee TCAPE Summary 20087300 SBA 4X2 (SA615) Agenda Item No. 1683 February 27,2007 J~rim'fy 1-i8,C2oW REQUIRED TCAPE INFORMATION TCAPE Factors For Vehicle Selected Rear Axle Gear Ratio(s): Vehicle Vocation: Enroute PTO: Transmission Mode: Fuel Economy Route: 10 Wheel Slip Conditions: Engine Fan Type: Road Surface Type: Parked PTO: Road Governor/Cruise Ctrl: Acceleration Grade (%): Altemator (A): Weight on Drive Axle (LBF): Frontal Area (FT2): Air Compressor (HP): Vehicle Width (IN): Vehicle Height (IN): Steering Gear (HP): Air Conditioner (HP): Acceleration Vehicle Spd (MPH): Speed Limit on Route (MPH): Relative Drag Coefficient: TIRE, FRONT TIRE, REAR AXLE, FRONT NON-DRIVING {Dana Spicer 1-100W} Wide Track, I-Beam Type, 10,00D-lb Capacity AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity STEERING GEAR {Sheppard M-100} Power ALTERNATOR {leece-Neville 8LHP2172VAH} Brush Type; 12 Volt 110 Amp. Capacity, Pad Mounted ENGINE, DIESEL {International MaxxForce OT} 50 State, 225 HP, 560 Ib-ft Torque @ 1400 RPM, 2600 RPM Governed Speed, # 2 Bell Housing FAN DRIVE {Borg-Warner SA85} Viscous Screw On Type TRANSMISSION, AUTOMATIC {ALLISON 2500_RDS_P} 4th Generation Controls; Wide Ratio, 5-Speed, With Overdrive; On/Off Hwy; 33,000 Ib GVW & GCW Max., With PTO Provision, Less Retarder AXLE, REAR, SINGLE {Dana Spicer 21060S} Single Reduction, 21,OOO-lb Capacity, Hypoid Gearing Wrth 200 Wheel Ends CAB Conventional G-Man Crew Cab AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster TIRE, FRONT 12R22.5 XZE (MICHELIN) 486 rev/mile, load range H, 16 ply 12R22.5 XZE (MICHELIN) 486 rev/mile, load range H, 16 ply TIRE, REAR 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply TCAPE HAS BEEN DESIGNED TO GIVE ECONOMY AND PERFORMANCE PREDICTIONS WHICH HAVE BEEN SHOWN TO BE TYPICAL FOR MOST OPERATIONS. HOWEVER, DUE TO OPERATING CONDITIONS, DRIVER INFLUENCES, AND OTHER FACTORS, YOUR RESULTS MAY VARY FROM THOSE PREDICTED. ALSO, BECAUSE OF FUEL MAPPING PROCEDURES USED BY VARIOUS ENGINE MANUFACTURERS, COMPARISONS OF FUEL ECONOMY RESULTS FOR DIFFERENT BRANDS OF ENGINES MAY VARY FROM THOSE SHOWN. Components 0002AER 0004SBC 0005PSA 0008GEJ 0012NSM 0012TSY 0013AHS 0014AET 0016196 0016WKB 07422153253 07482153208 6.17 GENERAL ON HIGHWAY NO Performance Normal Route - City, Suburban, and Highway Yes VISCOUS TYPICAL NO No 0.0 40 21000 76 2.20 96 114 2.60 3.20 55.0 61,0 85 2 - RADIAL NORMAL 4. - RADIAL NORMAL INTERNATIONAL TRUCK AND ENGINE CORPORATION SHALL NOT BE UABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE INCURRED BY DEALER OR BY DEALER'S CUSTOMERS AS A RESULT OF RELIANCE ON TCAPE, WHETHER THE CLAIM IS IN CONTRACT,TORT (INCLUDING NEGUGENCE), STRICT LlABlUTY OR OTHERWISE. 16 Proposal: 4836..01 INT!RNATIONALf; , , , ....,:-)' , .. , 'f . ,/ .. r f( ! 'l ':1 : \1 ,.... 'I I ; . Agenda Item No. 1683 February 27,2007 Jf.tmr;y ;%,~ob9 Turning Radius Summary 2008 7300 SBA 4X2 (SA615) -----...-... ~~ ------- $ Turning Radius: , , I I I 29' 3"1 ' I , I I I 29' 9"1 : I I I I 31' 5"\ I I I Series: Model: Description: Model Year. Calculation Factors Wheelbase: Front Axle: Description: Front Wheel: Description: Front Tire: Description: Steering Gear. Description: 7000 SA615 7300 SBA 4X2 2008 205 0002AER AXLE, FRONT NON-DRIVING, {Dana Spicer 1-100W} Wide Track. I-Beam Type, 10,OOO-Ib Capacity 0027DMA WHEELS. FRONT, DISC; 22.5" Painted Steel, 2 Hand Hole, 10 Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8,25 DC Rims; With Steel Hubs, 07422153253 TIRES, 12R22.5 XZE (MICHELIN) 486 rev/mile, load range H, 16 ply 0005PSA STEERING GEAR, {Sheppard M-100} Power Turnlna Radius Statistics General Information Inside Turn Angle: Radial OvertJang: Axle Information KingPin Inclination: KingPin Center. . 45 Degrees 26 7,375 Degrees 71.5 Turnina Radius - Curb View C - Curb Contact Length: CI - Curb Clearance Increment: CR - Curb Clearance Radius: CH - Curb Height: TR - Turning Radius: TW - Tire Width: . All Measurements are in inches. unless otherwise specified, I.- I $~--:I 16.22 6.07 29'9" 6" 29'3" 11,40 This information is based on engineering information available at this time, Actual figures may vary, International Truck and Engine Corporation cannot accept liability for consequences due to this variance. $Wal c.........,.: I I , ~ .~~!- ~iI~~. ~ ~C--t c:l 16.221 CI:( 6.07 I CR~ 29' 9"1 CH:I 6" I TR:I 29' 3"' Tw:1 11.40 I 17 Proposal: 4836-01 Agenda Item No, 16B4 February 27, 2007 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County Bid #05-3731 from Wallace International Trucks in the amount of $208,059.54. OBJECTIVE: To enhance the daily repair and maintenance on County roadways and right-of- ways within the Road Maintenance Department. CONSIDERA TIONS: The Road Maintenance Department requires two (2) 20-CY Diesel Powered Dump Trucks as replacement vehicles, which will be purchased off the renewal agreement of Collier County Bid #05-3731. FISCAL IMP ACT: Vehicle replacement funds were approved in the FY07 budget in the amount of$208,059.54 and are available in the Road Maintenance Fund 101 Capital. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the purchase of two (2) 20-CY Diesel Powered Dump Trucks per Bid #05-3731 from Wallace International Trucks in the amount of$208,059.54. Prepared By: Travis D. Gossard, Supervisor Vegetation Mgmt., Road & Bridge Maintenance Dept. Attachment: Bid Document Ilem Number: Ilem Summary: Meeling Dale: Aqenda Item No. 1684 , February 27, 2007 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Recommendation to approve the ourchase of two (2) 20-CY Diesel Powered Dump TrucKs In accordance with Collier County Bid #05-3731 from Wallace International TruCks in the amount of $208.'059.54 2/27/2007900001\M Date Prep. red By Travis D. Gossard Transportation Services Vegetation Management Supervisor Road Maintenance 2112/20078:56:49 AM Date App roved By John Vliet Transportation Services Roads Maintenance Superintendant Road Maintenance 2112120079:07 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/12/20076:06 PM Date Approved By Rookmin Nauth Transportation Services ManagemenUBudget Analyst Transportation Engineering and Construction 2113120079:07 AM Date Approved By Norm E. Feder. AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2113/200710:57 AM Date Approved By Brenda Brilhart Administrative Services Purchasing Agent Purchasing 2/14120072:27 PM Date Approved By Mike Hauer Administrative Services Acquisition Manager Purchasing 2114/2007 2: 30 PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 2114120075:16 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2/15/20079:36 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/2007 3: 1 0 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2116120079:51 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/161200712:54 PM Agenda Item No. 16B4 February 27, 2007 Page 3 of 21 ,/~, .~. Q 7500 SBA 6x4 Sales Proposal For: COLLIER COUNTY FLORIDA Presented By: WALLACE INTERNATIONAL "'.",:.,:'fe,":," INTI!! RNATIONAL~ Prepared For: COLLIER COUNTY FLORIDA Board of Commissioners 3301 Tamiami Tr1. E Naples, FL 34112-3969 (239)774 - 8425 Reference 10: N/A APPLICATION: MISSION: FUEL ECONOMY: DIMENSION: ENGINE, DIESEL: TRANSMISSION, AUXILIARY: TRANSMISSION, AUTOMATIC: CLUTCH: AXLE, FRONT NON-DRMNG: AXLE,REAR,TANDEM: CAB: TIRE, FRONT: TIRE, REAR: SUSPENSION, REAR, TANDEM: PAINT: Agenda Item No, 1684 February 27, 2007 Jaf~1'8,~~1 . Presented By: WALLACE INTERNATIONAL Kenneth N Wallace 2761 E EDISON AVE FORT MYERS FL 33916 (239)334-1000 Diamond SPEC. Model Profile 2008 Diamond SPEC'" 7500 SBA 6X4 (SF637) Construction Dump Requested GWVR: 66000. Calc, GVWR: 64000 Calc. Start I Grade Ability: 32.50% / 1.45% @ 55 MPH Calc. Geared Speed: 75.5 MPH N/A Wheelbase: 209.0, CA: 141.9, Axle to Frame: 65.0 {International MaxxForce 10} 50 State 310 HP, 1050 Ib-ft Torque @ 1200 RPM, 2200 RPM Governed Speed, # 2 Bell Housing {Fuller AT-1202} 2-Speed With Air Shift Controls {ALLISON 3000_RDS_P}4th Generation Controls; Close Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With ao,OClO-lb GVW & GCW Max. Omit Item (Clutch & Control) {Dana Spicer 1-180W} Wide Track, I-Beam Type, 18,OClO-Ib Capacity {Dana Spicer D46-170HPfR46-170DH} Single Reduction 46,OOO-Ib Capacity; With Lube Oil Pump, and "R" Wheel Ends, With Driver Controlled Locking Differential in Rear Rear Axle Gear Ratio: 5.57 Conventional (2) 425165R22.5 XZV-3 (MICHELIN) 465 rev/mile, load range L, 20 ply (8) 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply {Hendrickson RT -463} Walking Beam Type 54" Axle Spacing; 46,OOO-lb Capacity With Bronze Center Bushings Cab Schematic 100GN Location 1: 9219, Winter White Chassis Schematic N/A 2 Proposal: 4834-01 INTERNATIONAL~ Vehicle Soecifications 2008 7500 SBA 6X4 (SF637) Agenda Item No, 16B4 February 27, 2007 JarPui~1i, ctQij DescriDtion BRAKE CHAMBERS, SPRING on Rear/Rear Axle Located Inside Rear Tire Envelope (Meets Asphalt SpreaderlPaver Clearance Requirements) STEERING COLUMN Tilting STEERING WHEEL 2-Spoke, 18" Diam" Black STEERING GEAR (2){Sheppard M-100/M-80} Dual Power EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device Frame Mounted Outside Right Rail Under Cab; Includes Vertical Tailpipe and Guard ENGINE BRAKE, DLOGIC {Diamond Logic} for MaxxForce 9/ DT570, MaxxForce 10/ HT570 Engines; Combination Engine and Exhaust Brake, Electronically Activated ELECTRICAL SYSTEM 12-Volt, Standard Equipment Includes : BATTERY BOX Steel with Fiberglass Cover; Mounted Right Side, Back of Cab : DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab : HEADLIGHTS (2) Sealed Beam Halogen, 5" X r Rectangular, with Chrome Plated Bezels : HORN, ELECTRIC Single : PARKING LIGHT Integral with Front Tum Signal and Rear Tail Light : RUNNING LIGHT (2) Daytime : STARTER SWITCH Electric Key Operated : STOP, TURN, TAIL & B/U LIGHTS Dual. Rear, Combination with Reflector : TURN SIGNAL SWITCH Self-Cancelling, Headlight Dimmer (with Flash-To-Pass Feature) : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Tum Signals, Solid State Flashers; Rush Mounted : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature, Integral with Tum Signal Switch : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted : WIRING, CHASSIS Color Coded and Continuously Numbered CIGAR LIGHTER HORN, ELECTRIC (2) POWER SOURCE Cigar Type Receptacle without Plug and Cord ALTERNATOR {Leece-Neville 8LHP2172VAH} Brush Type; 12 Volt 110 Amp, Capacity, Pad Mounted BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber TumlMarker/ Backup/Accessory Power/Ground and Sealed Connector for StopfTum BATTERY SYSTEM {International} Maintenance-Free, (2) 12-Volt 1B50CCA Total RADIO {International} AMlFM Stereo With Weatherband. Clock, Indudes Multiple Dual Cone Speakers Includes : SPEAKERS IN CAB (2) Dual-Cone with Deluxe Interior : SPEAKERS IN CAB (4) Coaxial with Premium Interior HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail TURN SIGNALS, FRONT Dual Face. Amber/Amber, Mounted on Top of Fender, Used With Standard Flush Mounted Front Tum Signal, Side Marker Lamps, Parking Lights and Reflectors CLEARANCEIMARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade ENGINE SHUTDOWN Automatic; Wrth 30 Second Delay, With Intemational Engines HEADLIGHTS ON WIWIPERS Headlights Win Automatically Tum on if Windshield Wipers are tumed on INDICATOR, LOW COOLANT LEVEL With Audible Alarm STARTING MOTOR {Leece-Neville M130D} 12 Volt; Less Thermal Over-Crank Protection 4 Proposal: 4834-01 INT!RNATIONAL' Vehicle Specifications 2008 7500 SBA 6X4 (SF637) Agenda Item No, 16B4 February 27, 2007 . Jarttii~i,QbOl DescriDtlon CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses SWITCH, AUXILIARY Switch 40 amp Circuit for Customer Use; Includes Wiring Connection at PDC and Control in Cab FENDER EXTENSIONS Rubber INSULATION, UNDER HOOD for Sound Abatement GRILLE Stationary, Painted INSULATION, SPLASH PANELS for Sound Abatement BUG SCREEN Front End; Mounted Behind Grille FRONT END Tilting, Fiberglass, With Three Piece Construction; for 2007 Emissions PAINT SCHEMATIC. PT-1 Single Color. Design 100 I neludes : PAINT SCHEMATIC ID LETTERS "GN" PAINT TYPE Base Coat/Clear Coat, 1-2 Tone KEYS - AlL ALIKE Fleet -Indudes Ignition and Cab Door Keys KEYS,- ALL ALIKE, ID Z-250 CLUTCH Omit Item (Clutch & Control) ENGINE, DIESEL {Intemational MaxxForce 10} 50 State 310 HP, 1050 1b-f1 Torque@ 1200 RPM, 2200 RPM Governed Speed, # 2 Bell Housing Includes : COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater with Engine ECM Control : CRUISE CONTROL Electronic; Controls Integral to Steering Wheel : ENGINE OIL DRAIN PLUG Magnetic : ENGINE SHUTDOWN Electric, Key Operated : FAN Optimized Position : FUELlWATER SEPARATOR and FUEL FILTER in a Single Assembly, Mounted on Engine : GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted : GOVERNOR Road Speed, Electronic : OIL FILTER, ENGINE Spin-On Type : WET TYPE CYLINDER SLEEVES FAN DRIVE {Horton Drivemaster}"Two Speed" Direct Drive, With Residual Torque Device for Disengaged Fan Speed Includes : FAN Nylon RADIATOR Cross Flow, Series System; 1228 Sqln Aluminum Radiator Core and 1167 Sqln Charge Air Cooler FEDERAL EMISSIONS for 2004; for International HT570 Engines AIR CLEANER Dual Element, With Integral Pre Cleaner THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel FEDERAL EMISSIONS 2007 for Intemational MaxxForce 9 & 10 Engines (DT570 & HT570) ENGIN E CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTO Controls; With Ignition Switch Control for Intemational post 2007 Emissions Electronic Engines FAN OVERRIDE Manual; With Electric Switch on Instrument Panel, (Fan On With Switch On) EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon Surge Tank and 15 psi Pressure Cap 5 Proposal: 4834-01 IMTERNATIONALt Vehicle Soecifications 2008 7500 SBA 6X4 (SF637) Agenda Item No. 1684 February 27, 2007 Jarf'ui~18.oJo6t DescriDtion TRANSMISSION, AUXILIARY {Fuller AT-1202) 2-Speed With Air Shift Controls TRANSMISSION, AUTOMATIC {ALLISON 3OO0_RDS_P} 4th Generation Controls; Close Ratio, 6-Speed, With Double Overdrive; Onl Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With 80,00D-lb GVW & GCW Max. Includes : TRANSMISSION OIL PAN Magnet in Oil Pan Oil COOLER, AUTO TRANSMISSION {Modine} Water to Oil, for Allison or CEEMA T Transmission TRANSMISSION SHIFT CONTROL {ALLISON} Push-Button Type; for Allison 3000 & 4000 Series Transmission TRANSMISSION OIL {Castrol TranSynd} Synthetic; 29 thru 42 Pints ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS); General Purpose Trucks, Construction AXLE, REAR, TANDEM {Dana Spicer D46-170HP/R46-170DH} Single Reduction 46,OOD-lb Capacity; With Lube Oil Pump, and "R" Wheel Ends, With Driver Controlled Locking Differential in Rear Rear Axle Includes : POWER DIVIDER LOCK Air Operated, Cab Control with Indicator Light in Ouster : REAR AXLE DRAIN PLUG (2) Magnetic SUSPENSION, REAR, TANDEM {Hendrickson RT-463} Walking Beam Type 54" Axle Spacing; 46,00D-lb Capacity With Bronze Center Bushings SUSPENSION/REAR-AXLE IDENTITY for Dana Spicer Eaton Style Tandem Rear Axles With Bar-Pin Beam Attachment Type Suspensions FUEUWATER SEPARATOR With Filter Restriction/Change Indicator, Includes Standard Equipment Water-in-Fuel Sensor FUEL TANK Top Draw; D Style, Non Polished Aluminum, 100 U.S. Gal., 378.5 L Capacity, 23.0" Tank Depth, Mounted Left Side Under Cab Includes : FUEL LINES Nylon Tubing Wrth O-Ring Snap-On Quick-Connect Fittings at Both Ends CAB Conventional Includes : ARM REST (2) Molded Plastic, Smoke Gray; One Each Door : CLEARANCEIMARKER LIGHTS (5) Flush Mounted : COAT HOOK Located on Rear Wall, Centered Above Rear Window : FLOOR COVERING Rubber, Black : GLASS, ALL WINDOWS Tinted : GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side : GRAB HANDLE, CAB INTERIOR (2) "B" Pillar Mounted, One Each Side : STEP (2) Two Steps Per Door GAUGE CLUSTER English With English Electronic Speedometer Includes : GAUGE CLUSTER (6) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic), Tachometer (Electronic), Voltmeter, Washer Fluid level : ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout : WARNING SYSTEM Low Fuel, Low Oil Pressure, High Engine Coolant Temp, and low Battery Voltage (Visual and Audible) GAUGE, OIL TEMP, ALLISON TRAN IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster SEAT, DRIVER {NationaI2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment. -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar Support Includes 6 Proposal: 4834-01 INT!RNATIONAL~ Vehicle Specifications 2008 7500 SBA 6X4 (SF637) Agenda Item No, 16B4 February 27,2007 Ja.fuiWfB, ~o01 DescriDtion : SEAT BELT 3-Point, Lap and Shoulder Belt Type SEAT, PASSENGER {NationaI2000} Air-Suspension With Dual Shocks, High Back With Integral Headrest, Vinyl, Isolated, With 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar Support Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type MIRRORS (2) {Lang Mekra} Rectangular, 7,44" x 14,84", Brackets Breakaway Type, With 102" Wide Spacing, With 7.44" sq. Convex Both Sides MIRROR, CONVEX, HOOD MOUNTED {Lang Mekra} Right and Left Side; 7.44" Sq., Bright GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only INSTRUMENT PANEL Center Section, Ergonomic Panel AIR CONDITIONER {Intemational Blend-Air} With Integral Heater & Defroster Includes : FRESH AIR FILTER : HEATER HOSES Premium : REFRIGERANT Hydrofluorocarbon HFC-134A FRESH AIR FILTER for HVAC CAB INTERIOR TRIM Deluxe Includes : "A" PILLAR COVER Molded Plastic, Smoke Gray : CAB INTERIOR TRIM PANELS Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the Following: with a Two-Man Passenger Seat the Back Panel is Only Partially Covered and with a Full Bench Seat the Back Panel is : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets and Retainer Nets and CB Radio Pocket : DOME LIGHT, CAB Rectangular, Door Activated, Timed Theater Dimming, Center Mounted, Integral to Console : DOOR TRIM PANELS (2) Molded Plastic; Driver and Passenger Doors : HEADLINER Printed Cloth : INSTRUMENT PANEL TRIM Molded Plastic, Drawbridge Gray with Black Center Section, Hidden Cup Holder and Ash Tray (Pull-Out) : STORAGE POCKET, DOOR (1) Molded Plastic, Full-Length; Driver Door : SUN VISOR (2) Padded Vinyl with Driver Side Toll Ticket Strap, Integral to Console CAB REAR SUSPENSION Air Bag Type WHEELS, FRONT DISC; 22.5" Painted Steel, 10-Stud (285,75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 13.00 DC Rims; With Steel Hubs. Includes : PAINT IDENTITY, FRONT WHEELS White : WHEEL SEALS, FRONT Oil Lubricated, Includes Wheel Bearings WHEELS, REAR DUAl DISC; 22.S" Painted Steel, 2 Hand Hole, 10-Stud (28S.7SMM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.2S DC Rims; With Steel Hubs Includes : PAINT IDENTITY, REAR WHEELS White : WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings (8) TIRE,REAR 12R22.5 XZV-3 (MICHELIN) 483 rev/mile, load range H, 16 ply (2) TIRE, FRONT 42S/6SR22.5 XZV-3 (MICHELIN) 465 rev/mile, load range L, 20 ply Services Section: WRTY,L TO, BASIC VEHICLE DSPEC {Diamond SPEC} To 12-Month/Unlimited Mileage; Includes Diamond Emergency Breakdown Service, With gO-Day Towing 7 Proposal: 4834-01 INT!RNATIONAl' Vehicle Soeclfications 20087500 SBA 6X4 (SF637) Agenda Item No. 16B4 February 27,2007 Ja~.fJlW ~;1cio~ DescriDtion Ox steel Body to Collier Spec. 8 Proposal: 4834-01 INTI!RNATIONAL~ Electronic Pal'llmeters Summa'Y 2008 7500 SBA 6X4 (SF637) Agenda Item No. 1684 February 27, 2007 Jj>nti~fY 1ij, <Z001 ENGINE, DIESEL (OO12NSU) ATTACHMENTS:0012VZA (ENGINE CONTROL, REMOTE MOUNTED) 0004091 (BRAKE SYSTEM, AIR) Value UOM Parameter PASSWORD-1 MAX-VEHICLE-SPEED MIN-CRUS-CNTRl-SPD MAX-CRUS-CNTRl-5PD VEHICLE-RETARDER PTO-MAX-ENGINE-SPEED PTO-PRESET -SPD-1 PTO-PRESET -SPD-2 PTD-RPM-RAMP-RATE PTO-MAX-VEHIClE-SPEED PTO-REMOTE-PEDAl PTO-DISABlE-CAB-INTERFACE DRIVELlNE-MODE IDlE-SHUTDN-MODE SERVICE-I NTERVAl-ENABlE 0000 75 35 75 4 2200 1000 1500 100 10 NO NO NEUTRLOP OFF OFF These Electronic Parameters have been successfully finalized 9 N/A MPH MPH MPH N/A RPM RPM RPM RPMlSEC MPH N/A N/A N/A N/A N/A Proposal: 4834-01 INT!RNATIONALt Financial SummarY 2008 7500 SBA 6X4 (SF637) Agenda Item No. 1684 February 27,2007 Ji'riliafy 118;:200+ (USA DOLLAR) Price DescriDtion Factory List Prices: Product Items Service Items Total Factory List Price Induding Options: Service & Delivery Steel Surcharge Total Preparation And Delivery: Freight Charge Total Freight: Total Factory List Price Including Freight: Less Customer Allowance: Total Vehicle Price: Total Body/Allied Equipment: Total Sale Price: Total Per Vehicle Sales Price: Net Sales Price: $122,238,00 $0,00 $122,238.00 $750,00 $1,250.00 $1,450.00 $2,000.00 $1,450,00 $125,688.00 ($41,238.23) $84,449.77 $19,580.00 $104,029.77 $104,029,77 $104,029.77 Please feel free to contact me regarding these specifications should your interests or needs change, I am confident you will be pleased with the quality and service of an International vehicle. Approved by Seller: Accepted by Purchaser: Finn or Business Name Official Title and Date Authorized Signature Authorized Signature and Date This proposal is not binding upon the sellerwithout Seller's Authorized Signature Official Title and Date 10 Proposal: 4834-01 INT!RNATIONAL-t Provisions of Sale 2008 7500 SBA 6X4 (SF637) Agenda Item No, 1684 February 27, 2007 JafnaQry .i. ~G1 ADDITIONAL PROVISIONS OF SALE 1. Buyer agrees to accept the invoicing for trucks and equipment covered by this agreement immediately upon completion of manufacture at seller's assembly plant. Title and risk of loss shall pass to buyer upon tender of invoice. 2. While a late charge may be assessed from due date to actual date of payment, it is not intended for late charges to be accepted in lieu of prompt payment. 3. The trade allowance set forth herein is based upon our appraisal of the trade-in refened to in its present mechanical condition, free of all liens, and with the equipment and attachments set forth upon our appraisal sheet. Such trade-in shall be subject to reappraisal at the time it is delivered to us and if it is reappraised at a different value than the trade allowance setforth herein, because of difference in mechanical condition or because of removal or substitution of equipment or parts or attachments, or because it is subject to a lien not set forth herein, the trade allowance shall be changed to such reappraised value and the difference between the trade allowance set forth herein and the reappraised value, less any lien not set forth herein, shall be paid in cash at the time that the new vehicle or vehicles covered by this proposal are delivered to you. 4, You agree to accept the goods covered by this proposal, as fulfillment thereof, with such changes in design and materials, or either of them, that the manufacturer may make. 5. If any sales or excise taxes now in effect shall be increased, any new sales excise, floor or processing taxes shall be imposed by federal, state or local laws, or if the amount of such tax actually due exceeds the amount specified in this proposal, you are to reimburse us for any and all such increased, or additional new, taxes that we may be required to payor to reimburse others by reason of the manufacturer, importation, purchase or sale of the vehicles and equipment carried by this proposal. 6. We shall not be responSible for delays in transportation or to delay the same on time when prevented by strikes, fires or accidents, or by the demand exceeding the available supply, or by any other cause reasonable beyond our control. 7. The limited warranties applicable to the vehicles described herein are International Truck and Engine Corporation's standard printed warranties which are incorporated herein by reference. NOTE: Disclaimer.The corporation's standard printed warranties are in lieu of all other warranties, expressed or implied. International Truck and Engine Corporation specifically disclaims warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, all other representations to the use/purchaser, and all other obligations or liabilities. The corporation further excludes liability incidental or consequential damages, on the part of the corporation or seller. No person is authorized to give any other warranties or to assume any liabilities on the corporation or seller's behalf unless made or assumed in writing by the corporation or the seller. 11 Proposal: 4834-01 INT!RNATIONAL~ Perfomance TCAPE Summary 2008 7500 SBA 6X4 (SF637) Agenda Item No. 16B4 February 27, 2007 Jf~Siry ,~, C!007 ENGINEFTRANSMISSION MATCHING Sawtooth Grid 2500 , . , -~ . ~ .. I.... . .... - _.-. ~. . ! ! . S. 2000 , ..,_.._..".,..w '- : ! ...". 1500 Y---l' ~ 'J') ::.' 1000 l..u~-*!,,,-, ":T , , 500 I 1 0 0 5 10 15 : .! t -"r-~.- -~.~ ,,-.. . --,~~ -... <~. -- .-.- i u H~" -~ .-... ur -...,. .~~~P' -~-: ~-_. u_ !.--. -.. + ~_. ~..._; . . I f I _." J. _~~.'~ .J_ ... ,I .. J I I., . "'-f ~ .n. ---.:-----...-,...+ t : -~'."i- ---~-~. ._~.!.u__ "1 I I I . I I I I . ' I . . . -r. o_-~-t --. _w_-iU~-----f ---- u-f ~- _h~_ t- -~ ~- --r" ~- ~ ---1"---' - --f-- -- -- ~ -t- --w~--t.--- --"1 ; , ; t I I I : I : I 1 ,---uootoo.---i- _._-j-__ _j +____+____.+_._+___.__joo____+oo__._-' i i i i i i i ! ! i i I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ Vehlde Speed (mph) Marginal Operating Power Governed Engine Speed (2200) 85% Operating Range (1215) Selow Recommended Minimum 90% Operating Range (1320) Actual Vehide Power Sawtooth Details Gear Trans Multi Upshift Power Avail Govern Power Avail Peak Power Comparison Warn Msg Ratio Speed Veh Spd Eng Spd Veh Spd Eng Spd Gear Step 85% Range 90",4 Range (MPH) (RPM) (MPH) (RPM) ('Yo) ('Yo) ('Yo) lC- 2 3.49 1.00 0,0 1987.5 9.3 2200.0 N/A 81 67 2C-2 1,86 1,00 9.3 2068.8 17.5 2200.0 N/A 81 67 2L- 2 1.86 1.00 17.5 1457,0 24.8 2070.2 N/A 81 67 3L- 2 1.41 1.00 24,8 1569,3 33.2 2100.9 N/A 81 67 4L- 2 1.00 1.00 33.2 1490,0 47.4 2125.0 N/A 81 67 5L- 2 0,75 1.00 47,4 1593.8 63.9 2150.3 N1A 81 67 6L- 2 0.65 1.00 63.9 1863.6 75.5 2200.0 N/A 81 67 12 Proposal: 4834-01 INTI!RNATIONAL~ Perfomance TCAPE Summarv 2008 7500 SBA 6X4 (SF637) Agenda Item No, 16B4 February 27,2007 Jfr,~~ 'ld,oj061 STEADY STATE PERFORMANCE LEVEL ROAD MAXIMUM SPEED HI GEAR SPEED@RATEDRPM 55,0 MPH STEADY-STATE 6L-2 Veh Spd (mph) 75,1 Eng Spd (rpm) 2188 Fuel Econ (mpg) *-- Grade (%) 0,00 Notes Performance Results Gear - Calculated Grade Ability/Fuel Economy VEHICLE ORDER CODING ERRORS MAY RESULT IF THE "LEVEL ROAD MAX SPEED" VALUE EXCEEDS THE "HI GEAR SPEED @ RATED RPM" AND IS USED AS THE ENGINE PROGRAMMABLE VEHICLE SPEED LIMIT. IDLE FUEL RATE: - GALSlHR@ 700 RPM TORQUE CONVERTER: TC-418 STALL RATIO: 1.98 6L-2 55,0 1603 .- 1.45 IF THE RESULTS CONTAIN" -", VEHICLE CANNOT ATTAIN THAT SPEED. IF THE RESULTS CONTAIN _A, THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED. FUEL ECONOMY Fuel Economy Route: Normal Route - City, Suburban, and Highway Key Fuel Economy Information MILES PER GALLON AVERAGE MPH MISSION MINUTES City Suburban Highway Notes ...... 18.60 30.4 39.42 52.5 54.56 173.5 IF THE RESULTS CONTAIN -****", THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED. 13 Proposal: 4834-01 Agenda Item No. 1684 February 27, 2007 IMT!RNATIONAL~ Perfomance TCAPE Summary Jf~iY ,~, c!007 2008 7500 SBA 6X4 (SF637) GRADEABILITY PERFORMANCE Enroute - Full Throttle Upshift Perfonnance Gear Trans Multi Veh Spd Eng Spd Whl Pwr Grade Warn Notes Ratio Speect (mph) (rpm) (hp) (%) Msg 1C-2 3.49 1.00 0.0 1987.5 0.0 24.60 STALL 5.8 2089.9 183.5 17.60 70% EFF 7.5 2115.2 209.3 15.50 80% EFF 9.3 2200.0 216.8 12.70 2C-2 1.86 1.00 9.3 2068.8 167.5 9.60 17.5 2200.0 216.2 6.40 2L-2 1.86 1.00 17.5 1457.0 259.4 7.80 24.8 2070.2 262.6 5.30 3L- 2 1.41 1.00 24.8 1569.3 271.2 5.50 33.2 2100.9 255.5 3.60 4L- 2 1.00 1.00 33.2 1490.0 260.5 3.60 47.4 2125.0 246.4 1.90 5L- 2 0.75 1.00 47.4 1593.8 259.2 2.10 60.6 2037.5 241.4 1.00 63.9 2150.3 228.0 0.70 6L- 2 0.65 1.00 61.3 1787.5 244.4 1.00 63.9 1863.6 241.7 0.80 68.8 2006.3 234.0 0.50 75.1 2167.5 211.1 0.00 LEVEL ROAD 75.5 2200.0 209.6 0.00 RATED RPM STARTING I TOP GEAR PERFORMANCE Gear Trans Multi Veh Spd Eng Spd Whl Pwr Grade Warn Notes Ratio Speed (mph) (rpm) (hp) (-I.) M5g 1C- 1 3.49 2.04 0.0 0.0 48.80 @ STALL 3.7 202.6 32.50 80% EFF - Calculated Start Ability 1C- 2 3.49 1.00 0.0 0.0 24.60 STALL 7.5 209.3 15.50 80% EFF 6L- 1 0.65 2.04 37.0 222.7 2.60 RATED RPM 39.5 62.0 0.00 LEVEL ROAD 6L- 2 0.65 1.00 75.5 209.6 0.00 RATED RPM 75.1 211.1 0.00 LEVEL ROAD THE TRANSMISSION WAS SIMULATED IN PERFORMANCE OPERATING MODE. 14 Proposal: 4834-01 INTI!RNATIONALI Agenda Item No. 1684 February 27, 2007 Jfr,<(.l1Py ~,ojofi1 Perfomance TCAPE Summary 2008 7500 SBA 6X4 (SF637) ACCELERATION PERFORMANCE RESULTS Acceleration Perfunnance Grid Acceleration Penonnance Grid nt, ~ ~ - I: . I - + :1 . .r -. i .i. --.. --.f - -... .-1.... ..J.. i. - . -f I ~ -::l -:.> ~ .::.. .j) J:: .c. l." :> ~15(lO :-")1"(1 Cl L:.OO .. iD 2tiOO ;:) ., .. 1500 -::::; .. 10(10 110 .0: 5(1(1 I) 55 60 65 o 5 10 15 20 25 30 35 40 45 50 Time (secs) 1- Vehicle Spe&d - Distance , Acceleration Performance: TIME TO ACCELERATE ON A 0.00% GRADE TO 55.0 (MPH) IS 67.51 (SECS) Acceleration Performance Details Gear 2 3 4 TIme (sees) 0.26 0.51 0.75 0.99 1.24 1.52 1.82 2.15 2.50 2.63 3.17 3.72 4.27 4.85 5.45 6.08 6.74 7.47 7.59 8.25 8.92 9.63 10.36 11.17 12.01 12.91 13.25 14.16 15.10 16.10 17.15 16.24 Distance (feet) 0.2 0.7 1.6 2.9 4.5 6.8 9.7 13.2 17.7 19.4 27.1 35.8 45.4 56.3 68.4 82.1 97.5 115.3 118.5 135.8 154.5 175.2 198.3 223.9 252.2 283.6 295.9 329.7 366.3 406.2 449.6 496.7 Speed (mph) 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 9.3 10.3 11.3 12.3 13.3 14.3 15.3 16.3 17.3 17.5 18.5 19.5 20.5 21.5 22.5 23.5 24.5 24.8 25.8 26.8 27.8 28.8 29.8 Notes 15 Proposal: 4834-01 _.._-~-~.--_.._-~--'- INTERNATIONAL> Gear 5 6 Time (sees) 19.39 20.59 21.88 22.44 23.77 25.12 26.51 27.96 29.46 31.03 32.67 34.39 36.17 38.03 39.98 42.04 44.23 46.58 46.99 49.29 51.69 54.20 58.83 59.59 62.50 65.57 67.51 Distance (feet) 547.7 603.2 664.1 691.3 756.9 825.9 898.8 976.6 1059.9 1149.1 1244.8 1347.1 1456.3 1573.1 1698.1 1832.9 1980.0 2141.1 2169.3 2331.0 2503.1 2686.8 2883.1 3093.4 3319.2 3561.3 3716.8 Agenda Item No. 16B4 February 27.2007 Jf.rJl.'fy 11~,~oiJt Perfomance TCAPE SummarY 2008 7500 SBA 6X4 (SF637) Speed (mph) 30.8 31.8 32.8 33.2 34.2 35.2 36.2 37.2 38.2 39.2 40.2 41.2 42.2 43.2 44.2 45.2 46.2 47.2 47.4 48.4 49.4 50.4 51.4 52.4 53.4 54.4 55.0 Notes 16 Proposal: 4834-01 INTI!RNATIONALJ Perfomance TCAPE Summary 2008 7500 SBA 6X4 (SF637) Agenda Item No. 1684 February 27,2007 Jfni}~fY 'ii, '2001 REQUIRED TCAPE INFORMATION TCAPE Factors For Vehicle Selected Rear Axle Gear Ratio(s): 5.57 Vehicle Vocation: GENERAL ON HIGHWAY Enroute PTO: NO Transmission Mode: Performance Fuel Economy Route: Normal Route - City, Suburban, and Highway 10 Wheel Slip Conditions: Yes Engine Fan Type: VISCOUS Road Surface Type: TYPICAL Parked PTO: NO Road Governor/Cruise Ctr1: No Acceleration Grade (%): 0.0 Transmission, Auxiliary - Gear Ratio (Accel Perf): 1.000 Alternator (A): 40 Weight on Drive Axle (LBF): 46000 Frontal Area (FT2): 76 Air Compressor (HP): 2.20 Transmission, Auxiliary - Gear Ratio(Start Ability): 2.040 Vehicle Width (IN): 96 Transmission, Auxiliary - Gear Ratio (Fuel Economy): 1.000 Vehicle Height (IN): 114 Steering Gear (HP): 2.60 Air Conditioner (HP): 3.20 Acceleration Vehicle Spd (MPH): 55.0 Speed Limit on Route (MPH): 61.0 Relative Drag Coefficient: 85 Transmission, Auxiliary - Gear Ratio (Grade Ability): 1.000 TIRE, FRONT 2 - RADIAL WIDEBASE TIRE, REAR 8 - RADIAL NORMAL AXLE, FRONT NON-DRIVING {Dana Spicer 1-180W) Wide Track, I-Beam Type, 18,OOO-Ib Capacity AIR COMPRESSOR {Bendix Tu-Flo 750} 16.5 CFM STEERING GEAR (2) {Sheppard M-1001M-80} Dual Power ALTERNATOR {Leece-Neville 8LHP2172V AH} Brush Type; 12 Volt 110 Amp. Capacity. Pad Mounted ENGINE, DIESEL {International MaxxForce 10} 50 State 310 HP, 1050 lb-ft Torque@ 1200 RPM, 2200 RPM Govemed Speed, # 2 Bell Housing FAN DRIVE {Horton Drivemaster} "Two Speed" Direct Drive, With Residual Torque Device for Disengaged Fan Speed TRANSMISSION, AUXILIARY {Fuller AT-1202} 2-Speed With Air Shift Controls TRANSMISSION, AUTOMATIC {ALLISON 3000_ ROS _P} 4th Generation Controls; Close Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With 8O,000-1b GVW & GCW Max. AXLE, REAR, TANDEM {Dana Spicer D46-170HP/R46-170DH} Single Reduction 46,ooO-Ib Capacity; With Lube Oil Pump, and "R" Wheel Ends, With Driver Controlled Locking Differential in Rear Rear Axle CAB Conventional AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster TIRE, REAR 12R22.5 XZY-3 (MICHELIN) 483 rev/mile. load range H, 16 ply 12R22.5 XZY-3 (MICHELIN) 483 rev/mile, load range H, 16 ply TIRE, FRONT 425165R22.5 XZY-3 (MICHELIN) 465 rev/mile, load range L. 20 ply 425165R22.5 xzy -3 (MICHELIN) 465 rev/mile, load range L, 20 ply TCAPE HAS BEEN DESIGNED TO GIVE ECONOMY AND PERFORMANCE PREDICTIONS WHICH HAVE BEEN SHOWN TO BE TYPICAL FOR MOST OPERATIONS. HOWEVER, DUE TO OPERATING CONDITIONS, DRIVER INFLUENCES, AND OTHER FACTORS, YOUR RESULTS MAY VARY FROM THOSE PREDICTED. ALSO, BECAUSE OF FUEL MAPPING PROCEDURES USED BY VARIOUS ENGINE MANUFACruRERS, COMPARISONS OF FUEL ECONOMY RESULTS FOR DIFFERENT BRANDS OF ENGINES MAY VARY FROM THOSE SHOWN. Components 0002AEV 0004SBD 0005PTB 0008GEJ 0012NSU 0012THT 0013607 0013AJH 0014GJJ 0016030 oo16WKB 07482153208 07652663208 17 Proposal: 4834-01 INTERNATIONAL' Perfomance TCAPE SummarY 20087500 SBA 6X4 (SF637) Agenda Item No. 16B4 February 27, 2007 J~rl'Jl,'tv 1fj,,~~t INTERNATIONAL TRUCK AND ENGINE CORPORATION SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE INCURRED BY DEALER OR BY DEALER'S CUSTOMERS AS A RESULT OF RELIANCE ON TCAPE, WHETHER THE CLAIM IS IN CONTRACT,TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. 18 Proposal: 4834-01 "'__~_'_M"_____'"'__''''''_'''' "'--"--"'---'-'.--- INTI!RNATIONAL~ + Turning 33' 3"1 Radiiu5. + curb 34' 0"' cl_--=e.1 I +w.. :4 c---=-. I 35' 5"' I I ~ .~~!- <iI~--. - ....,.. ~C ~ c:1 16.921 CI:I 8,65 1 CR~ 34' 0"1 CH:I 6" , TR:I 33' 3" , TW:I 16,60 I Agenda Item No. 1684 February 27, 2007 J~a~ 1~, ~00-71 Turnina Radius Summary 2008 7500 SBA 6X4 (SF637) Series: Model: Description: Model Year. Calculation FactoJ'$ Wheelbase: Front Axle: Description: Front Wheel: Description: Front Tire: Description: Steering Gear. Description: 7000 SF637 7500 SBA 6X4 2008 209 0002AEV AXLE, FRONT NON-DRIVING, {Dana Spicer 1-180W} Wide Track, I-Beam Type, 18,00D-lb Capacity 0027DNU WHEELS, FRONT, DISC; 22S Painted Steel, 10-Stud (285.75MM Be) Hub Piloted, Flanged Nut, Metric Mount, 13.00 DC Rims; With Steel Hubs. 07652663208 TIRES, 425/65R22.5 XZV-3 (MICHELIN) 465 rev/mile, load range L, 20 ply 0005PTB STEERING GEAR, (2) {Sheppard M-100/M-80) Dual Power TurninG Radius Statistics General Information Inside Tum Angle: Radial Overhang: Axle Information KingPin Inclination: KingPin Center: 40 Degrees 26 5.875 Degrees 71 Turning Radius - Curb View C - Curb Contact Length: CI - Curb Clearance Increment CR - Curb Clearance Radius: CH - Curb Height: TR - Turning Radius: TW - Tire Width: .. All Measurements are in inches. unless otherwise specified. 16.92 8.65 34'0" 6" 33'3" 16.60 This information is based on engineering information available at this time. Actual figures may vary. International Truck and Engine Corporation cannot accept liability for consequences due to this variance. 19 Proposal: 4834-01 IMT!RNATIONALI Vehicle Soecifications 2008 7500 SBA 6X4 (SF637) Agenda Item No. 1684 February 27, 2007 Jf~iY~8.cm7 Descriotion Base Chassis. Model 7500 SBA 6X4 with 209.0 Wheelbase, 141.9 CA, and 65.0 Axle to Frame. TOW HOOK, REAR (2) TOW LOOP, FRONT FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.866' x 3.622" x 0.433' (276.Ommx 92.0mmx 11.1 mm); 456.0. (11582mm) Maximum OAL BUMPER, FRONT Steel, Swept Back Includes : PLEASE NOTE: Powder Coated Gray (Argent) Color WHEELBASE RANGE 169' (430cm) Through and Including 219" (555cm) AXLE, FRONT NON-DRIVING (Dana Spicer 1-180W} Wide Track, I-Beam Type, 18,OOD-lb Capacity SPRINGS, FRONT AUXILIARY Rubber SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 18,OOO-Ib Capacity; With Shock Absorbers Includes : SPRING PINS Rubber Bushings, Maintenance-Free BRAKE SYSTEM. AIR Dual System for Straight Truck Applications Includes : AIR COMPRESSOR AIR SUPPLY LINE Intemational Engines Naturally-Aspirated : BRAKE CHAMBERS, SPRING (4) Rear Parking : BRAKE LINES Color Coded Nylon : DRAIN VALVE Twist-Type : DUST SHIELDS, FRONT BRAKE : DUST SHIELDS, REAR BRAKE : GAUGE, AIR PRESSURE Air 1 and Air 2 Gauges; Located in Instrument Cluster : PARKING BRAKE VALVE Color-Coded Yellow Knob, Located on Instrument Panel : SLACK ADJUSTERS, FRONT Automatic : SLACK ADJUSTERS, REAR Automatic : SPRING BRAKE MODULATOR VALVE BRAKES, FRONT, AIR CAM 16.5' x 6', Includes 24 Sqln Long Stroke Chambers Includes : DUST SHIELDS, FRONT BRAKE HAND CONTROL VALVE, AIR For Rear Chassis Brakes; With Pressure Reducing Valve. AUXILIARY GLAD HAND CONNECTOR on Air Reservoir DRAIN VALVE, AUTOMATIC {Bendix DV-2} With Heater; for Air Tank AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) AIR DRYER {Meritor-Wabco System Saver 12QO} Mounted in Standard Location SLACK ADJUSTERS, FRONT {Haldex} Automatic SLACK ADJUSTERS. REAR {Haldex} Automatic BRAKES, REAR, AIR CAM 16.5' x 7.0'; Includes MGM TR3030 Long Stroke Brake Chamber and Heavy Duty Spring Actuated Parking Brake Includes : BRAKE CHAMBERS, SPRING Inverted with ALL "Walking Beam' type Suspensions AIR COMPRESSOR {Bendix Tu-F1o 750} 16.5 CFM 3 Proposal: 4834-01 Agenda Item No. 1685 February 27,2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a work order in the amount of $484,660 to Aquagenix for the 2007 Australian Pine Removal Project (Project Number 51501) under Contract 03-3568 "Annual Contract for Countywide Exotic Vegetation Removal". This $484,660 includes a 10% contingency of $44,060. OBJECTIVE: To receive Board approval of a Work Order for the 2007 Australian Pine Removal Project to Aquagenix in accordance with the Annual Contract for Countywide Exotic Vegetation Removal, Contract Number 03-3568 and approve the necessary budget amendment. CONSIDERATION: For several years the Stormwater Management Department of the Transportation Services Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted; however, most of these trees have established themselves along the high water line adjacent to the secondary drainage system. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Projection as referenced in Chapter 62C-52, Florida Administrative Code. Throughout the County many locations contain hundreds of trees that should be eradicated. Four (4) work site locations were chosen for eradication sites. Quotes were received for five sites, but budget restraints reduced the number of areas to be cleared to four sites. This year's project is located in the Sunshine, Sunrise, Tropicana and Sunflower Canals in Golden Gate City. The sites are adjacent to canal and ditch banks located within County drainage easements. This proposed work will also target any other exotic vegetation found among the Australian pine trees at each site such as Brazilian Pepper and Melaleuca. Pursuant to completing this project, staff solicited price quotes from each of the five firms pre- qualified under the "Annual Contract for Countywide Exotic Vegetation Removal". We have received very little response from the contractors on the annual contract list for the past few years. Aquagenix has provided quotes for the past three years and have been awarded the contract. The work that was completed was excellent, on budget and on Agenda Item No. 1685 February 27,2007 Page 2 of 12 time. The contract requires quotes from three contractors which can include No Quotes. The Purchasing Department has approved the quote and three No Quotes to satisfy the contract requirements. The following is a summary of the quotes received: SUMMARY OF QUOTES Name 0 f Company Amount of Quote NaturChem, Inc. No Quote Aquatic Weed Control, Inc. No Quote Aquagenix, Inc. $440,600 EarthBalance, Inc. No Quote FISCAL IMPACT: Funding is available in Fund 325 Australian Pine Removal Program (Project No. 51501). The source of funding is ad valorem taxes. The project has been awarded a $250,000 Grant through the Cooperative Water Resource Projects Funding Program of the Big Cypress Basin/South Florida Water Management District (SFWMD). Upon final completion, $250,000 of the County's total project cost will be reimbursed by SFWMD and be returned to reserves. GROWTH MANAGEMENT IMPACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners approve issuance of a work order to Aquagenix in the amount of $484,660 under contract 03-3568 and direct the Board Chairman to execute Contract Number 03-3568 with Aquagenix. Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management Department Attachments: (1) Location Map, (2) Work Order, (3) Quote Item Number: Item Summary: Meeting Date: Agenda Item No. 1685 February 27, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 Recommendation to approve a work oraer In tne amount of 5484.660 to Aquagenlx for the 2007 Australian Pine Removal Project (Project Number 51501) under Contract 03~3568 Annual Contract for Countywide Exotic VegetatlOn Removal TtllS $484660 Includes a 10% contingency of $44,060 2/21/20019:00:00 AM Date Prepared By Margaret A. Bishop Transportation Services Project Manager Stormwater Management 2/B/2007 B:33:34 AM Date Approved By Margaret A. Bishop Transportation Services Project Manager Stormwater Management 2/B/2007 B:34 AM Date App roved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 2/B/2007 9: 19 AM Date Approved By Lisa Hendrickson Transportation Services Senior Planner Alternative Transportation Modes 21912007 B:40 AM Date Approved By Eugene Calvert Transportations Sentices Principal Project Manager Transportation Engineering and Construction Management 219/20071:42 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/13/2007 10:59 AM Date Approved By Rhonda Rembert Administrative Services Contract Specialist Purchasing 2114/200710:59 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2114/20074:55 PM Date Approved By Steve Carnell Administrative Services Purchasing/General SVC$ DIrector Purchasing 2/15/2007 9: 15 AM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2/15/2007 9:37 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20073:11 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management 8. Budget 2/1612007 9:4B AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/161200712:44 PM ~,;;, '~ Agenda Item No. 1685 February 27.2007 Page 4 of 12 i.. ~I ~; r L ~: u January 25, 2007 RECEIVED Ms. Margaret Bishop Collier County Government 2885 South Horseshoe Drive, Suite 214 Naples, FL 34104 JAN ?,. '0"'7' -O..U STOAMWATER MGMT. Dear Margaret: Aquagenix would like to thank Collier County Government for another opportunity to work for Collier County on exotic tree removal. We are prepared to clear all exotics within the parameters of bid specifications. Our managers have surveyed and reviewed these canals very carefully and have taken into account all obstacles and access points one by one, including power lines, bridge heights, water levels and vacant lots which could be used as staging areas. Videos of all areas will be done before working in those areas. With our past experience in these canals, we know exactly what it is going to take to complete this project \\<ithin the time allotted. Aquagenix wiII contact all residents impacted by our project before approaching any trees near their property. Also all property owners of open lots which may be used for staging areas will be contacted for permission to use their open lot. All properties will be left exactly as we found it with any damage repaired. Aquagenix had a very good experience with Collier County on the last exotic removal while working with you and we look forward to providing Collier County the best possible services for the project. Sincerely, f,1 " ,U-T George B~w:ng ~" Sales Manager 12731 Metro Parkway, Fort Myers, FL 33912 (239) 561-1420 - Fax (239) 561-2883 Aauagenix is a subsIdiary of DeAngelo Brothers. Inc Australian Pine Removal Project - January 5, 2007 Agenda Item No. 1685 February 27, 2007 Page Ib'6?115 of 12 QUOTE CONTINUED RECEfVED ~ f, t,.l '}" "00'":' .- I' ." ... l ., -..6.-" " _ $..'. _ , STORMWATER MGMT. SCHEDULE 2007 Australian Pine Removal Project Proposed Work Sites Work Site No. Location Quote Amount Per Site LUMP SUM 1 Sunshine Canal $ 159 300.00 2 Sunrise Canal $ 68,500.00 3 Santa Barbara & Ibis Canal $ 341,000.00 4 Tropicana Canal $ 197,300.00 5 Sunflower Canal $ 15,500.00 Jan 23 07 11:17a A9uagenix 2395612883 Agenda Item.j.'-Jo. 1685 Febn.Fary'L7,2007 Page 6 of 12 Australian Pine Removal Project - August], 2006 Page 8 of 12 Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS ....x 1. Workers' Compensation Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements -.X. 2. Commercial General Liability (Occurrence Form) patterned after the 985 I.S.0. arm WI no ImJ mg endorsements. \ $1,000,000 Bodilv Iniurv & Property DamaQe f\} I' I v' l,) Single Limit Per Occurrence ....x 3. Indemnification: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all \T, costs of litigation and judgments of any name and description arising out of or fv U -- incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first Ten Dollars ($10.00) or money received on the contract price is considered as payment of this obligation by the County. -X- 4. Automobile Liability Own ed/N on -own ed/H ired Automobile Included $500,000 Each Occurrence 5. Other Insurance as indicated below: n/a X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provIsions. Jan 23 07 11:17a A9uagenix 2395612883 Agenda It~m::t!o. 1685 Febmary 27,2007 Page 7 of 12 Australian Pine Removal Project - August I, 2006 Page 9 of 12 Collier County Florida Insurance Requirements (Continued) --L 7. CoWer County must be named as uADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. 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 3301' East Tamiami Trail Naples, FL 34112 Iv' ()- ~ 9. Thirty (30) Days Cancellation Notice is required. ~ 10. The Certificate must refer to contract titre. RESPONDER'S AND INSURANCE AGENT STATEMENT We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of quote. ,1~S~~AgenCY . x. L....,.I--. VSc-I}~~ Si~nature of Responder's Agent Agenda Item No. 16B5 February 27,2007 Australian Pine Removal Project . January 5,2007 Page l!?<o~tt18 of 12 QUOTE CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 25th day of January ,2007 in the County of Lee , in the State of FL lIqll;:\gpnix. nivico;ion of Dplln;jplo Rrothers, Inc. Firm's Complete Legal Name Check one of the following: Sole Proprietorship XX Corporation or P.A. Limited Partnership General Partnership Phone No. 239-561-1420 FAX No. 239-561-2883 12731 Metro Parkway Address Ft. Myers, FL 33966 City, State, ZI P ~. i"J i" BY: r.eorao BOW1ina~~'<-A Typed and Written Signature oJ ,U C:;:\lpco; M;:\n;:\QPr Title NOTE: If you choose to quote this project, please submit an ORIGINAL and ONE COPY of your proposal pages. Australian Pine Removal Project - January 5, 2007 Agenda Item No. 1685 February 27,2007 Page 9 of 12 Page 9 of 11 QUOTE FROM: AquaQ'enix 12731 Metro Pkwy., Ft. Myers, FL 33966 DUE: Friday, January 26, 2007 @ 4:00 p.m. Board of County Commissioners Stormwater Management Department Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 RE: "2007 Australian Pine Removal Project" Dear Commissioners: The undersigned, as vendor, hereby declares that he has examined the specifications and informed himself ful,ly in regard to all conditions pertaining to the work to be done for furnishing all labor and equipment to perform complete exotic vegetation removal per the attached specifications. The vendor further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Proposal; and it is all respects fair and in good faith, without collusion or fraud. The vendor proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: See Attached Schedule Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the Quotes, In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: % - Days; Net 2!L Days Addenda received (if applicable): #1 #2 #3 Proposal continued on next page.... Agenda Item 1\10. 1685 F 007 ebruary27,2 DE1"f 1 fi!.YCH -- I ACORD",' CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD1YYYY) 11/2/2005 PRODUCER (215) 567.6300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Graham Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR The Graham Building ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Penn Square West Philadelphia, PA 19102 INSURERS AFFORDING COVERAGE NAIC# INSURED DeAngelo Brothers, Inc. T/A Aquagenix INSURER A: American Home Assurance Company 9380 5605 Florida Mining Boulevard South INSURER B: Colony National Insurance Co. 4118 Building 200, Suite 201-206 INSURER C American International Specialty Lines In 6883 Jacksonville, FL 32257 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRiBED HEREIN is SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~;: ~~~~ TV"" POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAl LIABILITY EACH OCCURRENCE $ 1,000,00 A ~ 5MMERCIAL GENERAL LIABILITY 4572049 11/1/2005 11/1/2006 PRE'MISES lEa occursnce\ $ _ CLA'MS MADE ~ OCCUR MEO EXP (Any ono poraonl S X Policy Subject to SIR PERSONAL & AOV INJURY $ 1,000,000 - 2,000,00 GENERAL AGGREGATE $ - 2,000,00 ~L AGGRi9A !i LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG S POLICY ~~Wr n LOC , ~TOMOBlLE LIABIUTY 2,000,OOC COMBINED SINGLE LIMIT $ A ~ ANY AUTO 1469438 11/1/2005 11/1/2006 (Eo accldant) - ALL OWNED AUTOS BOOlL Y INJURY (Per person) S - SCHEDULED AUTOS I - HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS I ~ Physical Damage PROPERTY DAMAGE (por Bccldont) $ GARAGE UABIUTY AUTO ONLY . EAACCIDENT S -=J ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG I $ I EllCESSlUMBREUA LIABiliTY EACH OCCURRENCE is S,OOD,OOC B I 'Xl OCCUR D CLAIMS MADE AR4460029 11/1/2005 11/1/2006 AGGREGATE $ 5,000,00 I I s I ! =J DEDUCTIBLE I S I RETENTION i S $ I IA I X I T~fl~Ns I IOTH- WORKERS COMPENSATION AND ! ER EMPLOYERS' LIABILITY :5609818 11/1/2005 i 11/1/2006 L E.L EACH ACCIDENT 1$ 1,000,00 ANY PROPRIETOR/PARHlER/EXECUTlVE E.L DISEASE - EA EMPLOYEg $ 1,000,000 QFFICERlMEMBER EXCLUDED? , ~~~MtO~~bO";:S~~\~S bclow i E.L DISEASE, POLICY LIMIT $ 1,000,00 OTHER , I ! C Pollution Coverage ICPL 1180549 11/1/2005 11/1/2006 Occur/Aggr $3.5m1$7m I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS trexas Automobile Policy #1469439; California Workers Compensation Policy #5609819 !sample CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIU- ENDEAVOR TO MAil 3L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLlGA nON OR L1ABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE :;?~~..-.c ~_d": === I @ACOROCORPORATION1988 ACORD 25 (2001f08) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT No. 51501 2007 AUSTRALIAN PINE REMOVAL PROJECT LOCA TION MAP '-------' >- lU -J -J '" S en I-. en ~ <n <n 17TH PI. SW .a 1~W 78TH~ 7..9/'; /-y "I" So v!:" :>- _.//1/ -S- ~%> .., . C:' \5'/"" :-.,0 ~ fi2 -J en <( a: '" en a: <( en <( 1- <: ~ 19TH PL SW () ~t S Oi S ~ ~, C/) ~ g ffi I-. ;:: C:r: <n ()" I-. ll) ~ ~ :0- r-- '" '" :<: CJ r-- S 2: C/) ~ ffi I- 23RD PI. SW Q <: 23RD CT SW ~ 24TH AVE SW '" '" en ~ ~ ~ ~ -J en ...., en :tJ en 0:: c.o ~ I:! ~ <: :;) :r: AREA 3 SANTA BARBA RA CANAL & IBIS CANAL 26TH AVE SW AREA 5 SUNFLOWER CANAL / <( <: s'<(S:s en . <.l "l CIJ S: 0:: O::O::I-"l ~ ~ ~ CIJ ~ ~ ,~ ~ ~ Q :2~,-""~ :;) "' ..CIJ y,EN1 Legend .a BOAT RAMPS PARC ELS D PARCELS -COUNTY ~~ 2007 AREA 1 r~~ 2007 AREA2 D 2007 AREA 3 1.; [<<1 2007 AREA 4 ~::~;:~~ 2007 AREA 5 GREEN BL VD rOL L CT A 16TH PL SW .... 0) f- ~ <n 17TH AVE SW 17TH PI. SW ~ I-. '" 1: I-. '" S 't 0) I-. C/) 1: I-. '" 't 17TH AVE SW e; :0- C/) ~ 1: r-- 1- (Q ... s~ c" Eo slf'l ~,\0 ..-y\ 1''' ~ 1\)\ " cO ...; -::- AREA 1 SUNSHINE CANAL ...; ~~ ~~ ...; \Il , 'I.:C~R~~"~1A1. -J ~ 22ND PI. SW <( u a: ~ <: :;) S: S "" C/) C/) )> a: I- '" ::! C/) a: :r: is ~ tD ~ ~ 't '" " (J) c:: 2: S: ::tI C/) ~ ~ l- e; a:: ~ :0- lU ~ J:: 1: s 22ND AVE SW ~ :: ." C/) I-. C/) r-- '" ~ 22ND PL SW ;: C'l 't 00 S-.sl ~ ,,<'v ~<i;. S <;,i'<' 0\'- ']; r!) ALl.EY AREA 2 SUNRISE CANAL s-.sl '('v .{0 ~'O 26TH PL SW AREA 4 TROPICANA CANAL 27TH CT SW sl/'J 11-1 p;-Jf:' s: 29 (/) 0:: S: 30TH AVE SW~ (/) 30TH PL SW ;:: t) 't ::t: 't I-. " ." S: 0) I- 0) ::t: I-. t, 31STAVE SW 29TH PI. SW c.o c:: <: " C;; ::t: e; ),. <: :0- r-- 31STPl.SW MAGNOl.l COLLIER COlJNTY BOARD OF COUNTY COMMI SSI ONERS TRANSPORTATION SERVICES DIVISION STORMWA.TER MANAGEMENT DEPARTMENT 2885 SOUTH HORS E<; HOE DRIVE NAPLES, FLORIDA 34104 (239) 774-819~ PROJECT MANAGER: MARGARET BISHOP DATE: FEBRUARY.2007 o I S: '" .... 0) I-. 0) ;: >- -J -0: I- -J -0: '" S: 0) Q ~ :r: I- 0 't >- lU -.J S: -J -0: '" I-- I- -J <( '" 0) :J:: .... '" <"l >- lU -J -J <( ~ -J co Q !!:J -J -.J Q v + 1.000 2,000 I Feet WORK ORDER # DAB-FT-3568-07-05 Agenda Item No. 1685 February 27,2007 Page12of12 "Agreement for County Wide Exotic Vegetation Removal" Dated October 1, 2003 (Contract # 03-3568) This Work Order is for Exotic Vegetation Removal, subject to the terms and conditions of the Contract referenced above, for work known as: PROJECT: 2007 Australian Pine Removal Project, Project No. 51501 This year's project is comprised of four (4) work sites located in the Sunshine, Sunrise, Tropicana and Sunflower Canals in Golden Gate City. The sites are generally found adjacent to canal and ditch banks located within County drainage easements. The work is specified in the proposal dated January 25. 2007 from DeAngelo Brothers, Inc. dba Aquagenix, which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # DAB-FT-3568-07-05 is assigned to DeAngelo Brothers, Inc. dba Aquagenix. Scope: Contractor to supplv labor and material. Schedule of Work: Complete within 200 days from the Notice To Proceed date. The effective start date of the project will be given in the Notice To Proceed, The contract period can be increased accordingly for additional contingency work or rain delays. Comoensation: The County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $484,660.00 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: '>>t<-"'4~/1.J-a ~"ri ::)-1-07 Margaret A.lBishop, P.E., Sr. ProjecyManager Date Transportation Services Division, Stormwater Management Department REVIEWED BY: 4--r .:::.{~~...,.L z.$ 47 Eugene Calvert, P.E., Director Date Transportation Services Division, Stormwater Management Department APPROVED BY: Date Norman Feder, A.I.C.P" Administrator Transportation Services Division ATTEST: Dwight E, Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James Coletta, Chairman a ;A1CEPTED By: DeAn ATTEST j t f--.I' 1 . .-1./ ..lJCV-..../ ( fl/..LV (J By: ) SIgnature of FIRSWITNESS \ ' I ) f-\ ~\bj~.iZ4 "tE-Ld::O I'Narrnn)f-F~ST W1TNESS.' . "'. _; I '7/ /]. '.. "i l//r''-;) /4l1-....(. ?/.f...:.--.-' Signature of SECOND WITNESS .-?7 .... I'. r, ~"-lt" + \j (~n ~c")(j r) Name of SECOND WITNESS ~ as t07 z:al sufficiency: . -If 1 L _ Assistant County Attomey G:h\lps:lnntnmeldbiservices.comlexcnangelGBowlingnnboxIWOrl< O'del' 2007 AustraUan PIne ProjeCl.EMU1_multipart_xF8FF _2_WO Au_lion Pine 2007.doclC58EA28C.18C0-4a97.9AF2-036E93DDAFB3IWO Austr8lian Pine 2007.doc?ottach=1 113012007 Agenda Item No. 16B6 February 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) recognition signs at a total cost of $150.00. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt-A- Road program. CONSIDERA TIONS: That the volunteer group so named be recognized as the sponsors of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The County is responsible for acquiring and erecting recognition signage at either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install two (2) new signs at a total cost of $150.00. Program expenses are budgeted in the Transportation Services Fund 101. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer group: Gabe the Granite Guy, as the sponsor of the listed roadway and that the Board of County Commissioners authorize its Chairman to execute one (1) Agreement on behalf of Collier County. Prepared by: Erin M Hall, Administrative Secretary, Road & Bridge Maintenance Department Attachment: Agreement (1) Item Number: Item Summary: Meeting Date: Agenda Item No. 16B6 February 27, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Recommendation that the Boara of Counly Commissioners approve ane (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cosl of $150 00. 2/2712007 90000 .~M Date Prepared By Erin Hall Transportation Services Administrative Secretary Road Maintenance 2/12120079:18:09 AM Date Approved By John Vliet Transportation Services Roads Maintenance Superintendant Road Maintenance 2/12/20073:51 PM Date Approved By Rookmin Nauth Transportation Services ManagemenUBudget Analyst Transportation Engineering and Construction 2113120079:05 AM Date App roved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 21131200711:04 AM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14/20075:54 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2/15/20079:39 AM Dat.e Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20073:12 PM Date Approved B~' Mark Isackson County Manager's Offlce Budget Analyst Office of Management & Budget 2115/20074:29 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/16120072:57 PM Agenda Item No. 16B6 February 27, 2007 Page 3 of 6 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions ~ THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into thi.;<1 day ofi~ i. :().~, 20~by and between Collier County (hereinafter the "COUNTY"), and the voltmteer group, Gabe the Granite Guy,(hereinafter the "GROUP"), whose address is 1880 - 19th Street SW, Naples, Florida, 34117. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Bonita Beach Road, Collier County side, from western end of Bridge at Fish Trap Bay to end of Bonita Beach Road at the Gulf of Mexico, (the .'Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason, 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 16B6 February 27. 2007 Page 4 of 6 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings, 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8, Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption ofrecyc1able materials shall become the property of the Group, 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. .., Agenda Item No. 1686 February 27, 2007 Page 5 of 6 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator, D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage. cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable lmder this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. ~ Agenda Item No. 16B6 February 27, 2007 Page 6 of 6 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, witb respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: James Coletta, Chairman Deputy Clerk GROUP: By: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney II " ~""'"~,~.,"""', .-...."'" M . 1 Agenda Item No. 16B7 February 27, 2007 Page1of15 EXECUTIVE SUMMARY Recommendation to approve a contract with Cambridge Systematics for Phase 1 of RFP-06-3999 for the Toll Feasibility Study for the SS Jolley Bridge in the amount of $481,823. OBJECTIVE: To receive approval of the contract for consulting services to assist the Metropolitan Planning Organization in conducting a Toll Feasibility Study for the SS Jolley Bridge, CONSIDERATION: In 2005 the Collier MPO obtained a $1,000,000 loan to study the feasibility of tolling the Jolley Bridge. The replacement of the Jolley Bridge has been designed by FDOT but the funding needed for construction is estimated to be about 20 years away (the Marco Island Bridge is the number two priority but we only get $4,000,000 to $6,000,000 a year in state and federal funding). The delay in using this loan and moving forward with this contract is mostly attributed to the need to finalize the design of the bridge to ensure that we knew the scope of the project (rehabilitation, replacement etc.) and the cost ofthis project. If tolling the bridge is found to be feasible as part of this study and is subsequently approved by the MPO, then the loan will be repaid with future toll revenue. If tolling the bridge is not feasible, or is not accepted, then the loan will be repaid from our future state and federal allocations. The first part of this project that is going forward at this time is traffic data collection and surveys, traffic modeling and revenue estimates, Engineering Analysis, funding alternatives and public involvement and meetings, If it is found to be feasible to toll the bridge and it is approved by the MPO, then a future task will need to come back to the MPO and the Board for approval that will include going out for bond approval and for the design of the toll facilities. The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised. Three firms responded to the advertisement by the due date and a selection committee was held and by consensus of the members (selection included Marco Island staff, MPO staff and FDOT), the firms were short listed as follows: 1. Cambridge Systematics 2. URS 3. Wilbur Smith and Associates Staff negotiated a fair and reasonable fee for this study with Cambridge Systematics in the amount of $481,823 and the MPO unanimously endorsed the contract proposal at their February 9,2007 meeting. "'-. 1 Agenda Item No. 16B7 February 27, 2007 Page 2 of 15 FISCAL IMP ACT: Funds in the amount of $481,823 will come from the Metropolitan Planning Organization Budget Fund (128). The Toll Feasibility Study is fmanced with a $1,000,000 loan that was awarded in 2005 from the Toll Facilities Revolving Trust Fund. GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board approve the contract for RFP 06-3999 for the SS Jolley Bridge Toll Feasibility Study in the amount of $481,823 with Cambridge Systematics. Prepared By: Donald L. Scott, Transportation Planning Director Attachments: 1) SS Jolley Bridge Scope; 2) SS Jolley Bridge Fee 2 Agenda Item No. 1687 February 27, 2007 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 1687 Recommendation to approve a contract with Cambridge Systematics for Phase 1 of RFp.06- 3999 for the Totl Feasibility Study for the 55 Jolley Bridge In the amount of $481,823 2/27/200790000 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 2/13120071 :22 PM App roved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 2113120073:44 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 2113120074:35 PM Approved By Scott R Teach Assistant County Attorney Date County Attorney County Attorney Office 2113120075:05 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 2/1412007 11 :02 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 2115/200712:53 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/16/200710:47 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/16120071:00 PM Approved By James V. 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'" 06 .. ~ '$ :$ .... ri .. N ;; g '" o '" <D, .. .... N ",' o o N 06 .. N '" o '" .. .. .. ~ 06 '" ~ ..; '" ... "" N <0 ~ ;g <0 ;!: o N .... ~ 19 o N '" ~ ~ -g '" " ~ ..l < ~ o 0:: .. ..l < f- o f- Agenda Item No. 1687 February 27,2007 Page 6 of 15 SS Jolley Bridge Toll Feasibility Study Phase 1 Scope of Work Fe bruary 6, 2007 The SS Jolley Bridge Toll Feasibility Study would be carried out in two phases. The first phase would be a preliminary feasibility study, aimed at: 1) estimating the traffic and revenue potential of the proposed SS Jolley Bridge improvement project under toll conditions, 2) identifying all potential revenue sources for the project other than tolls, and 3) providing public information and public presentations to help officials make informed decisions. If the decision is made to proceed with tolling, the second phase of the study would build upon the first phase to create a study that could be used to support debt financing. This scope of work covers Phase 1 only. The purpose of Phase 1 will be to evaluate the estimated traffic and revenue potential of tolling the proposed SS Jolley Bridge improvement. The analysis will need to be detailed enough to be able to estimate the toll rates that might be charged to different types of toll customers (e.g., residents/non-residents, or other frequent user designations). As a result, it will be important to collect new data on the characteristics of bridge users. Details of the proposed scope of work are provided below. Task 1. Traffic Conditions Data Collection This task involves collection of data on traffic conditions in the project vicinity: . Obtain and review any previous studies and existing traffic data, especially seasonal traffic data and the mix of traffic. . Conduct new traffic counts during the peak and off-peak season: o Automatic traffic counts at both the SS Jolley and Goodland Bridges, for a one- week period, with data summarized to 15-minute time periods. o Turning movement counts at the SR 951 and North Barfield Drive intersection, again summarized for 15-minute time periods. These counts will be taken for two hours in the morning peak and m'o hours in the evening peak. . Conduct route reconnaissance and travel-time studies during different times of the day, and on a weekend day. This will be done during peak season and off-peak season. Task 2: Origin-Destination and Stated Preference Surveys We will do two types of surveys of users of the two bridges to Marco Island in two ways: ongm- destination and stated preference. Origin-destination surveys will be used to validate the travel Agenda Item No. 16B7 February 27,2007 Page 7 of 1 5 model and to better understand the demographics and travel characteristics of SS Jolley Bridge users. Stated preference surveys will assess the willingness of people to pay different levels of toll, given certain travel conditions. Origin-Destination Surveys The primary means of survey data collection to obtain origin-destination information will be the mailback survey that will be distributed to intercepted drivers, but because we know that this survey method often produces very low response rates we propose to include some improvements to the method. First, the field workers will ask one question of the intercepted drivers, "What is the purpose of your trip?" Asking this question will provide data that can be used to weight the mailback survey responses to address differential rates of participation in the survey. We will collect the data during both the peak (winter) and off-peak season. The expectation is that the survey will have a response rate of between 10 and 15 percent. For aggregate totals this will provide an approximate confidence interval of + 1- 5% at a 95% confidence level. To increase participation, it is recommended that an incentive for returned surveys be offered. We will work with the County to establish an appropriate incentive for this particular survey. For trucks, field workers will record the information provided on the side of the truck, so we can identify and contact the establishments where the truck is based. A sampling plan using traffic counts by vehicle type and time of day and accounting for the practical limits of this type of survey will be developed to capture a statistically significant sample of vehicles. For planning purposes, we have assumed that four field workers plus a supervisor at each site will collect data from 7:30 AM to 5:30 PM on one weekday and each day from Friday to Sunday. We will work with Collier County staff to design the survey and to identify participants for the survey. The following information will be collected to determine origin and destination patterns about residents and visitors to the City of Marco Island: . Origin (address or closest intersection); · Destination (address or closest intersection); . Trip purpose; · Frequency of trip; · Vehicle type, i.e., car, pickup, three-axle truck, etc.; . Which bridge used; · Roadways used to access the bridges; · Number of people (including driver) in the car; · Number of vehicles available to the household; · Number of workers in the household; - 2- Agenda Item No. 16B7 February 27, 2007 Page 8 of 15 . Seasonal or year-round resident; and . Annual household income. Trucks will be surveyed with these questions: . Truck type; . Trailer type; . Total number of axles; . Commodities shipped and markets served; . Origin information (address or closest intersection); . Destination information (address or closest intersection); . Where trip began; . Where trip ended; . Frequency of trip; . Attitudinal information (sensitivity to factors such as travel time, reliability, costs, and time-of-day shifts); . Which bridge used; and . Roadways used to access the bridges. Specific work tasks are: . Survey planning. This will include: o Development of a draft survey plan o One meeting to review the survey design, o Up to three meetings to review field procedures with Collier County, Marco Island, and State officials o Finalizing the survey plan o Arranging for field employees and police protection o Printing survey forms · Survey implementation. We will intercept vehicles that use the SS Jolley Bridge at intersection of SR 951 and North Barfield Dr. · Data coding and analysis. We will code the survey responses and expand them to the full universe of trips using the bridges. -3- Agenda Item No. 16B7 February 27,2007 Page 9 of 15 . Documentation. We will document the findings of the surveys in a technical memorandum that uses charts and maps to enhance readability. Comments on the draft will be incorporated into the final report. Stated Preference Surveys The objective is to collect value-of-time and willingness-to-pay information from the users of the SS Jolley and Goodland Bridges. The data will help us to perform an elasticity analysis to examine the relationship between the establishment of tolls on the Jolley Bridge and increased traffic volumes on the Goodland (CR 92) Bridge. The Stated Preference Surveys will be incorporated into the Origin and Destination Survey forms to maximize survey efficiency. The stated-preference data will be collected by presenting survey respondents with several choices of hypothetical toll levels, travel times, and travel-time reliability levels for trips on the SS Jolley Bridge. The stated-preference data also will capture the interest in paying tolls to use the SS Jolley Bridge and the propensity to shift to the competing nontoll facility (Goodland Bridge). The stated-preference survey results are used to develop a model which can predict choices under a specific set of service attributes. The stated-preference survey will be a sub-element of the larger origin-destination survey effort. The hypothetical choice experiments will pertain to the respondents' intercepted trips, so that respondents will be given experiments that are relevant to his or her travel. Data will be cross referenced so that a wide range of travel market segments is statistically represented in the sample, including: . Year-round versus seasonal residents of Marco Island; . Low-, medium-, and high-income travelers; . Trip purpose (Home-Based Work, Home-Based Other, and Non-Home-Based); and In order to ensure that the sample is representative of the population, sample weights will be developed using census data. For the truck portion of the SP survey, we propose to re-contact by phone the companies that are identified in origin-destination survey to obtain the new stated-preference information. In the initial calls, we will seek to first locate the routing decision-makers for the relevant trips. These decision-makers may be ",ithin trucking companies or may be affiliated with the shipper, the receiver, or a third party. It may take multiple calls to contact these decision-makers, but once we do we will request that they complete a web-based or fax survey. Specific work elements will be: · Survey planning. This will be done in conjunction with Task 2 planning. . Survey implementation: · Data coding. -4- Agenda Item No. 16B7 February 27, 2007 Page 10 of 15 · Analysis of surveys and choice model building. We will build a choice model based on the responses of the SP survey. . Documentation. We will document the findings in a technical memorandum. Comments on the draft will be incorporated into the final report. Task 3 Traffic Model Development and TrafficjRevenue Estimates As indicated in our response to the competitive proposal, we propose to use the Lee-Collier model simply to identify big-picture trends in growth and changes in traffic conditions, and leaves the critical toll/ no-toll choice estimating to a spreadsheet-based model. CS will review the current base year 2000 Lee-Collier model and focus on three key areas for a model revalidation: · Simulation of traffic counts from Subtask B.1 on the two bridges to Marco Island; · Adjusbnent to match origin-destination trip distribution patterns identified in surveys; and Origin and destination survey data will be used to enhance the model as appropriate by adjusting or replacing the synthetic trips that are in the model, thereby ensuring real world travel patterns to and from the Island are replicated. Other considerations during revalidation would include highway netw'Ork coding (area types, facility types, lanes), zone centroid connector locations, friction factors, network speeds and capacities, special generators, airport trips, and procedures used to simulate external travel demand. Also during validation, travel-time estimates from the model will be compared against estimates from travel-time surveys of select corridors. Adjusbnents will be made as needed to reflect the actual travel times of using the 55 Jolley Bridge versus the Goodland Bridge routing. Any changes made to the base year model will be duplicated in the future year model. Future networks also will be reviewed for consistency with the Transportation Improvement Program (TIP) and the LRTP. The future year traffic forecasts on the two bridges (without tolls) will be used to estimate traffic growth on the bridges. We will run a select link assignment on the bridge under toll free conditions and summarize trip distribution patterns for use within a market share spreadsheet model. The travel model would be used to determine distribution patterns, traffic growth, and travel times, while the spreadsheet model could be used to analyze toll rates and pricing structures for multiple periods of the day, during peak and off-peak seasonal conditions, and for different market segments. Note that this approach is designed to maximize our control over the variables that are important to estimated traffic and revenue on the bridge. We are explicitly not revalidating the model to reflect conditions on other toll bridges in the region. Weare also not planning to develop time of day capability in the Lee-Collier model. This should eliminate the need for extensive review of the model by the Lee-Collier model coordinating committee. -5- Agenda Item No. 16B7 February 27,2007 Page 11 of 1 5 We will also conduct a limited review of socioeconomic data in the study area to identify any concerns we may have about over- or under-stating the traffic and revenue potential on the bridge. A far more extensive economic evaluation would be undertaken as part of Phase 2. Using the travel model tools, CS will first analyze toll-free conditions at an assumed opening year (to be confirmed with Collier County), and at interim years generally five years apart. For example, if the new span is assumed to be completed by 2m2, CS will analyze the years 2017, 2022, 2027 and the model horizon year of 2030. These intermediate forecast years will be used to produce the annual traffic and revenue stream needed to determine financial feasibility. These toll free analyses would serve as benchmarks of upper limits of demand for the Jolley Bridge and likely the lower limits of demand for the Goodland Bridge for which to compare the toll-related volumes. The series of toll free runs also will provide us with the future traffic growth forecasted to occur between the mainland and Marco Island. This growth forecast is based upon the socioeconomics and travel patterns of the study area and specifically to and from Marco Island. Tolling concepts will be developed and reviewed with Collier County for use in toll analysis. These concepts will include rate structures for categories that might include: . Special rates to encourage use of electronic toll collection . Resident rates or permits; . Discounts for carpool/ employer vanpools; . Special rates for trucks; . Time-of-day pricing; and . Free charge for Collier Area Transit vehicles CS will perform toll sensitivity analysis with these concepts where a range of toll rates will be tested and toll sensitivity curves developed to display the volume and revenue relationship to toll rate for the different categories. After discussion of the results from these tests with Collier County, traffic and revenue will be summarized in more detail for particular chosen toll rates and/ or toll rate structures that meet the County's needs. The forecasts will be annualized based on data on seasonal traffic patterns. A 35-year arumal traffic and revenue stream will be estimated by interpolating between modeled years. Projections of traffic and revenue on tolled facilities have come under increasing scrutiny as toll projects are becoming more common across the country. Therefore, it is important to understand and quantify the sensitivity of the model results to changes in the baseline conditions and the growth of various model components. We propose to evaluate and quantify the sensitivity of the traffic and toll revenue estimates in relationship to the underlying assumptions and modeling parameters. The SS Jolley Bridge, similar to other toll roads, will be sensitive to deviations in future growth, traffic make-up, and value of time assumptions. -6- Agenda Item No. 16B7 February 27, 2007 Page 12 of 15 CS suggests sensitivity analysis on the following variables: . Changes in growth; . Changes in traffic make-up; and . Value of time. Task 4: Engineering Analysis This would be a limited task aimed at understanding how much it would cost to maintain the existing bridge to acceptable standards over the next 20 years. PBS&J will obtain available information from FDOT staff and estimate the flow of funds that would be needed. This task would also involve estimating the incremental cost of tolling the bridge over a toll-free bridge in terms of design, construction, maintenance and operations. Task 5 - Funding Alternatives and Financial Feasibility Analysis There are two elements to this effort: one is to estimate the financial feasibility of the proposed toll bridge, and the other is to identify non-toll sources of funding that might be used to build the bridge. Financial Feasibility The main tool in the financial analysis will be a cash flow model that shows the likely amount and timing of costs (capital, as well as operating), as well as the expected revenue stream. Using this information, along with reasonable assumptions related to financing terms, such as interest rates and debt service coverage ratio requirements we can evaluate in a preliminary fashion the extent to which tolls can pay for the capital cost of the project. The financial model also can be used to test different scenarios of cost, inflation rates, toll policy, operating policy, and timing of construction. If the finance plan is to include other revenue sources, these can be included as well. Funding Alternatives We will evaluate currently available estimates of transportation resources from a variety of local, regional, statewide, and national sources, and use tllis information where appropriate. We will then forecast the anticipated revenue based on historical records and current data provided by the Florida DOT and MPO staff CS staff will investigate the full range of alternative and innovative financing techniques beyond tolls - including, but not limited to, tax increment financing, State Infrastructure Bank, transit- oriented developments, public and private partnerships and impact fees. The alternative financing scenarios that are deemed appropriate by the MPO in cooperation with Florida DOT -7- Agenda Item No. 16B7 February 27,2007 Page13of15 will be analyzed in more detail. This analysis will be used to determine if any of the alternatives financing will be appropriate for the 55 Jolley Bridge. Should any of these alternative sources be recommended to fund projects along the 55 Jolley Bridge, strategies to ensure the availability and commitment of these sources will be included in the recommendation. These strategies must include a plan of action describing the steps necessary to enact the sources, including building support and consensus among the legislature and the voters and determining the monetary impact of as well as identifying the list of projects that could potentially be funding through the proposed sources. The analysis will include past success or failure to secure similar funding sources. Task 6: Public Relations, Attitude Research, and Outreach, and Early Sketch Level Analysis An important part of this effort will be working with the community to gain consensus on the best approach to funding a new 55 Jolley Bridge. The following efforts will be undertaken. Public Relations Public relations activities will keep the public informed of what is happening with the study. These activities will be provided for: . Project newsletter. We have assumed two newsletters over the course of the study - one near the beginning, and one at the end. . Project web pages. Our team will develop project web pages that would be linked to the Collier County website. The content of these web pages would be similar to the newsletter, and would be updated once during the study. . Press releases. Three are planned - one at the outset of the study, one in advance of the outreach activities (see below), and one after the study is complete. Public Meetings to Explain Findings Public meetings will be used to present the findings of our study to the public, interested organizations, and transportation decision makers. The consultant team will present the findings at up to five venues, on three separate occasions: . City of Marco Island City Council . Marco Island Chamber of Commerce . Collier MPO Board -8- Agenda Item No. 16B7 February 27, 2007 Page 14 of 15 In addition, consultant staff will attend two sets of meetings of the Collier County MFO's Technical Advisory Committee and Citizen's Advisory Committee. These meetings occur in the morning and afternoon of the same day. The presentations will be made at regular meetings of these bodies, with the aim to get these bodies to support the recommendations of the study, so that the next phase of work can proceed (if needed). As part of this work, we will develop a presentation with speaker notes that could be delivered by non-consultant staff. Consultant staff will also record comments, and publish a summary memorandum of the public meetings. Early Sketch-level Analysis and Public Meeting on Marco Island The City of Marco Island has requested a public meeting in March to discuss funding opportunities and initial assessments of toll bridge feasibility. This will be too early in the study to have findings based on the survey, modeling and engineering work in Tasks 2-4. However, we will be able to do a sketch-level analysis based on traffic counts and broad judgment about the diversionary effects of tolls and the amount of construction cost that those tolls might support. We will present the results of this sketch-level analysis, plus the elements of Task 5 relating to alternative funding mechanisms at one public meeting on Marco Island in late March 2007. Task 7: Meetings, Project management, Quality Control, Final Phase 1 Report, and Phase 2 Scoping Meetings We have assumed that CS staff will attend the following meetings in Collier County: . Project initiation meeting . Meeting to review findings . One additional meeting, to be determined This is in addition to the public meetings and focus groups described in Task 6 and local coordination meetings that may be needed for CRSPE to facilitate the survey work in Task 2. Project Management and Quality Control Project management activities include monthly progress reports and periodic phone conversations with Collier County staff. We will also develop and carry out a quality control plan in accordance with the one submitted in our competitive proposal. This will include - 9- Agenda Item No. 16B7 February 27,2007 Page 15 of 15 preparation of a project management plan, periodic internal meetings to review assumptions and findings, and review of documents. Final Phase 1 Report We will prepare a draft final report in time for the public meetings. We will incorporate two rounds of comments to create the final Phase 1 report. Scopingfor Phase 2 (if directed). If Collier County decides to proceed with Phase 2 of the work, we will develop a scope and budget for Phase 2 of the work. We anticipate this work to include: . Detailed evaluation of economic conditions driving traffic growth related to the bridge. . Refinement of toll schedule and traffic and revenue forecasts. . Additional sensitivity tests. . Preliminary toll plaza design. . Documentation and participation in rating agency meetings. -10 - Agenda Item No. 16B8 February 27, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve Change Order No.2 to Contract No. 03-3473 with HDR Engineering, Inc. - "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" supplementing civil engineering design and surveying services in the amount of $162,560 for the Gateway Triangle Drainage Improvement Project, Project Number 51803. OBJECTIVE: To receive approval from the Board of County Commissioners (BCe) of Change Order #2 to Contract No. 03-3473 adding supplemental civil engineering design and surveying services to the "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" contract with HDR Engineering, Inc., for the Gateway Triangle Drainage Improvement Project, Project Number 51803. --, CONSIDERATIONS: The Gateway Triangle is an area bordered by US 41 to the west and south, Davis Boulevard to the north and Airport Road to the east connecting both to Davis Boulevard and US 41 in a triangular shape (See Exhibit "A-Ol"). It is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. The Stormwater Management Department's project was intended to correct the serious flooding and drainage problems within this portion of the East Naples area. In 2003 the BCC stated their support to continue to move forward with the Gateway Triangle Stormwater project undertaken by Stormwater Management. During 2003 the BCC approved the purchase of parcels of land to add to County owned land in the Gateway Triangle area for the purpose of constructing a large pond intended to serve as a detention pond for storm water runoff in the Triangle. On December 16, 2003 the BCC approved Contract No. 03-3473 with HDR Engineering, Inc. (HDR) to complete "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" (Item 16.A.I0). This contract did not specifically address Stormwater issues at that time. After further discussions with the CRA, Amendment # 1 to the contract was approved by the BCC (Item 16 B 18) on December 14,2004 in the amount of$156,071.40 adding consultant services for HDR to provide the County with a new drainage design, construction plans, specifications and permits to improve surface drainage and provide storm water treatment. Following that, Amendment #2 was approved on May 10, 2005 in order to modify the hourly rates of the original contract. Then during ajoint CRA Board and Advisory Board Workshop on May 11, 2005, the Bayshore Gateway Triangle CRA updated their annual goals and objectives, presenting significant future financial commitments to four key areas which included the Gateway Triangle. .......-.. Amendment #3 added supplemental survey, design and permitting of drainage improvements for the streets located west of Pine Street, and bounded by US 41 and Davis Boulevard for $207,795, and was approved by the BCC on June 14,2005, Item 16 B 4. Agenda Item No. 16B8 February 27,2007 Page 2 of 12 Change order #1, approved March 17, 2006, was for less than 10% of the contract amount and provided for an update to the market analysis to the Triangle area, This proposed Change Order #2, is to continue with the design effort as two additional important considerations are brought forth: 1) The Kirkwood A venue area design will be finalized and added to the existing construction plans; additional facilities will be added to the existing design plan to improve drainage characteristics in this area. Initial design efforts aimed at this area showed the area to be lower in elevation and more isolated than planned and have resulted in the need for more dramatic design such as additional pumps or other innovative measures. 2) Purchase of additional Pond area was approved by the BCC on Sept. 26, 2006, This pond area will be used to hold additional runoff that likely will result from future redevelopment of the Triangle. This additional storage capacity may be used to negotiate for Stormwater Treatment credits with the South Florida Water Management District. The scope of this change order also includes consultant assistance throughout the two phases of construction. This amended scope completes the design for Gateway Triangle areas experiencing chronic, poor drainage and provides professional engineering consulting assistance prior to and during construction, Upon finalization of construction phase 1 plans, the bid process will begin so that construction can start this fiscal year (2007). The construction of the system will be done in two phases, taking place during 2007 and 2008. The engineer's estimate for this construction is currently $4,105,221. Contract 03-3473 was initiated by the Gateway I Bayshore Community Redevelopment Agency. Stormwater Management Department staff used the contract as a base contract to add drainage improvements, and as of November 2006, had finished the existing scope of stormwater management work and budget. Because ofHDR Inc's previous knowledge of the Gateway area and its problems, the design that has already been accomplished, and other background data they possess (such as survey data), staff feels it is in the best interest of the Capital Project Program to retain HDR as the designer to complete the project design by re- loading the contract into SAP and creating a new Purchase Order. FISCAL IMPACT: Funds in the amount of $162,560 are available in the Stormwater Capital Fund (Fund 325). Source of funds are Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This action is consistent with the Growth Management Plan Drainage Sub-element. - RECOMMENDA TION: That the Board of County Commissioners approve Contract Change Order No. 03-3473-C02 with HDR Engineering, Inc. - "Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $162,560 for the Gateway Triangle Drainage Improvement Project, Project Number 51803, and authorize the Chairman to sign the change order for the Board. Agenda Item No. 1688 February 27,2007 Page 3 of 12 Prepared by: Shane Cox, P.E., Senior Project Manager, Stormwater Management Department. Item Number: Item Summery: Meeting Date: Agenda Item No. 1688 February 27, 2007 Page 4 of12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1688 RecommendallOn to approve Change Order No 210 Contract No. 03,3473 with HDR Engineering,lnc - Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (eRA) District supplementing civil engineerrng design and surveying services In the amount of $162,560 for the Gateway Triangle Drainage Improvement Project. Project Number 51803 2/27/200790000 AM Senior Engineer Date Approved By Gerald Kurtz Transportation Services Stormwater Management 2/12/20075:06 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin, 2/13/2007 11 :22 AM Approved By Rhonda Rembert Administrative Services Contract Specialist Date Purchasing 2/14/20072:14 PM Eugene Calvert Date Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management 2/14/20072:35 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 2/14/20074:53 PM Approved By Steve Carnell Admi nistrative Services Purchasing/Genera! Svcs Director Date Purchasing 2/15/2007 9:20 AM Lisa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 2/15/2007 9:42 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 2/15/200710:10 AM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 2/15120073:14 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 2/16/20073:20 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 2/16/20074:24 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/19/2007 3:21 PM Agenda Item No. 1688 February 27, 2007 Page 5 of 12 EXHIBIT A SCOPE OF SERVICES GATEWAY TRIANGLE DRAINAGE IMPROVEMENTS Contract 03-3473 Modification 5(change order #2) - Consultant Services Date: January 30, 2007 Client: Collier County Project: Gateway Triangle Drainage Improvements Collier County, FI Consultant: HDR Inc. 200 West Forsyth Street, Suite 800 Jacksonville, FL 32202 Project Description The following Scope of Services is for the continuation ofthe site civil engineering, grading and stormwater treatment system design completed under Amendments 1 and 3 to the Gateway Triangle CRA Land Development Overlay work contracted to HDR Inc; these Amendments dealt with the engineering and design of Stormwater Management Improvements in this portion of Collier County. Two sets of Construction plans are to be produced under this scope: one for the pond as currently designed with the box culvert to Linwood Avenue (Phase 1 construction), and another set to construct the rest of the project with the additional pond area recently purchased by Collier County, and additional stormwater management facilities to be connected with the Kirkwood Avenue area (Phase 2 construction). Services provided under this scope will be charged according to a mix of lump sum and Time and Material with Limiting amount prices. The immediate goal of the Stormwater Management Department is to begin construction in early 2007 on the aforementioned construction phase 1 items, which have already been designed and pennitted. Thus Task 1 is to be accomplished in a timely manner. Scope of Services HDR Inc. will provide professional services to execute the following activities. Task 1. Services Associated with Phase 1 Construction Separate out the portion ofthe existing plans to cover the pond, the box culvert to Linwood Av, sheet Agenda Item No. 16B8 February 27, 2007 Page 6 of 12 pile wall, and other piping and features within that limit-of-construction area to enable construction of the facilities Design excludes pump station and connecting force main outfalls. 1. Preliminary Design A Provide 6 sets of 90% ready-for-construction plans for County internal review. Provide Engineer's opinion of probable cost. B. Provide required corrections or additions to plans as requested by County staff, and/or Regulatory Agencies. C. Provide any necessary de-watering plans and miscellaneous detail sheets. 2. Final Design A Provide two sets of final drawings "For Construction" for file. Also at 1 00%, for staff review, provide pay items and quantity take-offs needed for bid process. B. Provide Technical Specifications and update to Engineer's opinion of probable cost. 3. Utility Coordination Coordinate with all appropriate Utility Agencies and provide them with plans for comment. 4. Public Meeting and Assistance Coordinate with David Jackson of the GatewaylBayshore Community Redevelopment Agency (CRA) Advisory Board, with whom the meeting shall be held jointly. Anticipate one evening meeting to be held, with any combination of Collier County staff, Property Owners, Home Owners Associations, and other groups, just prior to construction commencement. 5. Bidding Assistance A Provide plans, technical specs, and pay items on a CD to give to the Collier County Purchasing Dept. Plans should be formatted to print at 11 x 17. B. Provide and review for correctness project specific information for the Invitation to Bid, Instructions to Bidders, Contract Agreement, Supplementary Conditions and Bid Fonn. C. Assist staff with bidding process to include attendance at a pre-bid meeting, preparation of notes from the meeting, provide responses to "requests for additional information" by the contractors, work with staff to prepare up to two addendums. 6. Engineering Services during Construction A Provide five sets of fmal drawings marked "For Construction" for contractors and staff in-field use. R Assist Collier County staff during construction phase as requested. Estimate 2 hrs/week for duration of construction. This will also cover responses to contractors' requests for clarification. Agenda Item No. 16B8 February 27,2007 Page 7 of 12 C. Review and approve shop drawings and other contractor submittals. D. Review, provide recommendations and approve any Change Order requests submitted by contractor throughout the construction process. Task 1 Lump Sum Fee Task 1 Time and Materials Fee $ 47,760 $ 4,500. Task 2. Design Modification Addition of acquired Forsythe property into pond design; Survey and Design for stormwater improvements for the Kirkwood, Avondale Area. It is assumed consultant is familiar with this area and how it relates to the existing project dimensions. One meeting at Collier County Transportation Division offices should be included to discuss this second phase if questions arise. 1. Additional Pond Design Modify the existing pond design to include the additional property adjacent to the pond, which was purchased from Mr and Mrs Forsythe by Collier County. 2. Preliminary Design for additional Kirkwood area A. Coordinate surveying effort and provide additional survey to include the Kirkwood, Avondale and adjacent alleys. Survey efforts must include easement existence or non-existence verification. B. Develop design of surface stormwater improvements that will provide positive drainage discharge for the specified areas and add to existing plans. These modifications will include a piped connection between the proposed gravity stonnwater treatment system along Linwood Avenue and the existing stormwater treatment system on Kirkwood Avenue, Avondale Street, and the alley. An existing 36-in pipe, running between 2 of the "Linwood Village" buildings as shown on the attached drawing, is to be used in the design by connecting to the existing Kirkwood storm sewer system. (see attachments) Every effort must be made to provide improved drainage to this Kirkwood / alleys area, both to the west and east of Avondale. (One alley runs E- W between Davis Blvd and Kirkwood, the other runs E- W one block south of Kirkwood.) The existing facilities (catch basins, piping, etc) in these areas should be used where possible. Ifit is discovered that easement(s) are needed, they should be shown on plans and staff notified as soon as possible so the Real Property acquisition process can begin. Legal sketches and descriptions will be acquired under a separate contract. C. Provide 6 sets of 60% and 90% plans for County internal review. At 90% provide Engineer's opinion of probable cost. D. Provide required corrections or additions to plans as requested by County staff, and/or Regulatory Agencies. Agenda Item No. 16B8 February 27,2007 Page 8 of 12 3. Permit Modification Submit permit modification application, and obtain approval for the existing storm water Environmental Resource Permit to reflect the increased pond size as well as the added facilities in the Kirkwood area; and to request credit (toward future redevelopment within the drainage basin) for water quality provided. 4. Final Design Separate from 2006 Design plans those components pertaining to the pump station, outfall design, expanded stormwater collection system and modified pond construction. A. Provide two sets of final drawings "For Construction". Also at 1 00%, for staff review provide pay items and quantity take-offs needed for bid process. B. Provide Technical Specifications and update to Engineer's opinion of probable cost. C. Provide any necessary de-watering plans and miscellaneous detail sheets. Task 2 Lump Sum Fee (HDR Engineering): Survey (direct cost) $60,600 $14,575 Task 3. Services Associated with Phase 2 Construction (estimated delivery year: 2007-2008) Prepare construction-ready plans based on the remaining portion of the designed project to enable construction of these facilities. This will include: all facilities which were NOT included in the Phase 1 construction, the additional pond area, and the Kirkwood! Avondale area. 1. Utilitv Coordination Coordinate with all appropriate Utility Agencies and provide them with plans for comment. 2. Public Meeting and Assistance Coordinate with David Jackson of the Gateway/Bayshore Community Redevelopment Agency (CRA) Advisory Board, with whom the meeting shall be held jointly. One meeting is to be held with Collier County staff, Property Owners, Home Owners Associations, and other groups to advise of upcoming construction. 3. Bidding Assistance A. Provide plans, technical specs, and pay items on a CD to give to the Collier County Purchasing Dept. Plans should be formatted to print at 11 x 17. B. Provide and review for correctness project specific information for the Invitation to bid, Instructions to Bidders, Contract Agreement, Supplementary Conditions and Bid Form. C. Assist staff with bidding process to include attendance at a pre-bid meeting, preparation of notes from the meeting, provide responses to "requests for additional information" by the contractors, work with staff to prepare up to two addendums. Agenda Item No. 16B8 February 27, 2007 Page 9 of 12 4. Services during Construction A. Provide five sets of final drawings marked "For Construction" for contractors and staff in- field use. B. Assist Collier County staff during construction phase as requested. Estimate 2 hrs/week for duration of construction. This will also cover responses to contractors' requests for clarification. C. Review and approve shop drawings and other contractor submittals. D. Review, provide recommendations and approve any Change Order requests submitted by contractor throughout the construction process. Task 3 Lump Sum Fee Task 3 Time and Materials Fee $ 29,625 $ 5,500.. Schedule Anticipated Delivery Schedule Task Description Schedule Days Cumulative Days Develop Phase I Construction Plans 30 Working Days 30 Working Days 2 Develop Phase 2 Construction Plans 60 Working Days from receipt of survey * 3 As directed by Client N orice to Proceed Consultant will begin work upon issuance of a "Notice to Proceed" (which will contain a Collier County purchase order number) by the County Project Manager. Fee T otallump sum fee for Task 1 is Total lump sum fee for Task 2 is Sub-Consultant Fee for task 2 is Total lump sum fee for Task 3 is Total Lump Sum Fee $ 47,760 $ 60,600 $ 14,575 $ 29,625 $152,560 Total Time and Materials Fee (Task 1) Total Time and Materials Fee (Task 3) $ 4,500 $ 5,500 TOTAL $162,560 CHANGE ORDER CHANGE ORDER NO. 2 CONTRACT NO. 03.3473 BCC Date: December 16. 2003 Agenda Item: Item 16.A.l 0 TO: HDR, Inc 200 W Forsvth Street Suite 800 Jacksonville. FL 32202-4321 DATE: PROJECT NAME: Consultaut Ser-dces for Preparation of a Land Develomnent Overlay for BavshorelGatewav Trianlrle Conununitv Redeveloument Area (CP,JI.) District PROJECT NO,: 51803 Under our AGREEMENT dated December 16, 2003 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Continue with the design effort to improve drainage in the Gateway area. Task 1- Phase 1 construction assistance ($52,260); Task 2 - Additional design ($75,175); Task 3 - Phase 2 construction assistance ($35,125). Schedule of these tasks may overlap but should be completed by Dec 31, 2008. FOR THE Additive Sum of: ($ 162,560 One hundred sixty two thousand, five hundred sixty ). Original Agreement Amount $ $ $ $ 363.866.40 162.560 863.892.40 337.466 Sum of Previous Changes This Change Order (Add) Present Agreement Amount The time for completion shall be (increased) by 691 calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The final completion date is December 31, 2008 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: Ff~,,-o...4-><..,' I Z DESIGN PROFESSIONAL: HDR, Inc ..., .200_ OWNER: By: By: By: Norman Feder. AICP, Administrator By: Rhonda Cummings, Purchasing Contract Specialist Revised 2/24/2005 Agenda Item No. 16B8 February 27,2007 Page 10 of 12 GUIDELINES FOR COMPLETING THE CONTRACTIWORK ORDER MODIFICATION CHECK LIST FORM Agenda Item No. 1688 February 27,2007 Page 11 of 12 1. Document circumstances prompting the changers) request by... a, Identifying who initiated the change request b, Identifying the nature of the change 2. Analyze the change request to determine: a, The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d, The impact of the change on the overall success/failure of the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justification(s) for the change. 5. Obtain preliminary review and input from one of more of the fol/owing: a. Other project managers b. Immediate supervisor c. Appropriate 3rd party consultants d. Purchasing Contract Specialist e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument and clearly state the benefit or value that the change has to the project. . (Change Order, Amendment, Work Orders or Supplemental Agreement). 9. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Check the numbers and percentages for accuracy, d. Sign the Contract Modification Form e. Submit the form with back up documentation attached to Purchasing for review Form Retrieved From: I/Forms/County FormslPurchasing FormslContract Modification Checklist Revised 3/29/06 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Gatewav Trianale PROJECT #: 51803 Agenda Item No. 16B8 February 27,2007 Page 12 of 12 BID/RFP #: 03-3473 MOD #: -2-PO#: N/A WORK ORDER #: N/A DEPARTMENT: Stormwater Manaaement Original Contract Amount: $ 337.466 (Starting Point) Current BCC Approved Amount: $ 701.332.40 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 718.582.40 (Including All Changes Prior To This Modification) Change Amount: $ 162.560.00 Revised ContractJWork Order Amount: $ 881.142.40 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $ 543.676.40 Date of Last BCC Approval June 14. 2005 Agenda Item # Item 16 B 4 Percentage of the change overlunder current contract amount Formula: (Revised Amount I Last BCC approved amount)-1 22,62 % Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administrat,vely. 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 Administrat,on Procedures, Section IV.3.d. COMPLETION DATE (S):ORIGINAL: October 31, 2004 CURRENT: December 31, 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Continue with the design effort to improve drainage in the Gateway area. Task 1- Phase 1 construction assistance ($52,260); Task 2- Additional design ($75,175); Task 3 - Phase 2 construction assistance ($35,125). Schedule of these tasks may overlap but should be completed by Dec 31, 2008. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The Stormwater Dept is nearly ready to construct the first phase of this project. Also changes have made it necessary to add new features to the overall design plan. This continuance with HDR will enable us to have consultant assistance during both phases of construction (2007, 2008) as well as have the additional features incorporated into the plans, PARTIES CONTACTED REGARDING THE CHANGE: Division staff Consultant, Stormwater Dept Manaoement. Utilities IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVED BY: Project Manager REVIEWED BY: Contract Specialist Date: Date: Revised 3/29/06 EXECUTIVE SUMMARY Agenda Item No. 16B9 February 27,2007 Page 1 of 16 Recommendation to approve a Developers Contribution Agreement (DCA) between SEMBLER FAMILY PARTNERSHIP #42, LTD., (The Developer) and Collier County to acquire right of way and fund roadway improvements. The Agreement is a companion item to the Hammock Park PUDA-2006-AR-I0030. OBJECTIVE: To obtain BCC approval of the DCA to acquire property, advance roadway impact fees, and phase the development. This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan (LRTP) adopted on January 12, 2006. CONSIDER'ATIONS: The proposed development is located at the northeast corner of Rattlesnake Hammock Road and Collier Boulevard. Rattlesnake Hammock Road is currently under construction as a six lane roadway with a scheduled completion date of the second quarter of 2008. Collier Boulevard from US-41 to Davis Boulevard is currently funded and scheduled for bid letting with an anticipated completion date of the fourth quarter of 2009 as a six lane roadway. The future extension of Rattlesnake Hammock Road is recognized in the current LR TP as a possible four lane section. The Developer has agreed to donate the right of way, with no impact fee credits, adjacent to his property as shown on Exhibit "B". The right of way is consistent with the expansion of the intersection and future extension of Rattlesnake Hammock Road. The Developer has also agreed to pre-pay 50% of the anticipated roadway in1pact fees in the approximate amount of one million dollars for the entire 160,000 SF proposed development and construct only 45,000 SF of the development prior to the completion of Collier Boulevard from US-41 to Davis Boulevard. The advanced funding will be added to monies for the Davis Boulevard and Collier Boulevard expansion projects scheduled for construction in 2008. The PUDA also contains significant commitments for fair share intersection improvements, interconnection, a public transit shelter and construction of the canal crossing consistent with the extension of Rattlesnake Hammock Road. These additional commitments are at the sole expense of the Developer and with no impact fee credits. FISCAL IMPACT: The Agreement will provide a significant savings to the County for right of way acquisition and construction costs for the extension of Rattlesnake Hammock Road and help fund the Davis Boulevard expansion project. The County shall be responsible for all title work and recording fees. GROWTH MANAGEMENT: This Developer 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 County Commissioners approves this DCA between the Developer and Collier County to obtain the right of way and fund additional roadway improvements while providing phasing for the anticipated traffic impacts. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Project Locus Map; 3) Exhibits A; 4) Exhibit B; 5) Exhibit C Agenda Item No, 1689 February 27, 2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1689 Item Summary: Recommendation to approve a Developers Contribution Agreement (DCA) between SEM8LER FAMILY PARTNERSHIP #42. L TD, (The Developer) and Collier County to acquire right of way and fund roadway Improvements The Agreement is a companIon item to the Hammock Park PUDA,2006,AR,10030, Item 17C. 2127/2007 90000 AM Meeting Date: Prepared By Nick Casalanguida Project Manager Date Transportation Services Transportation Planning 2/21120071:58:28 PM App roved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 2/21/2007 1 :58 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 2/21/20072:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/21/2007 4:26 PM Agenda Item No. 1689 February 27, 2007 Page 3 of 16 DEVELOPER AGREEMENT HAMMOCK PARK COMMERCE CENTRE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2007, by and between SEMBLER F AMIL Y PARTNERSHIP #42, LTD., hereinafter referred to as "Developer," whose address is 5858 Central Avenue, S1. Petersburg, Florida 33707, 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 E C I TAL S: WHEREAS, Developer has legal control over or is the owner of approximately 20.23 acres of land in unincorporated Collier County, Florida, zoned as the Hammock Park Commerce Centre Commercial Planned Unit Development (Development) on which Developer will construct and receive Certificates of Occupancy, in two (2) phases, of approximately Forty-Five Thousand (45,000) square feet of retail space on or after approval of an amendment to the PUD ("Phase 1") and an additional One Hundred and Fifteen Thousand (115,000) square feet of retail space on or after substantial completion ofthe six (6) lane improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2"). A map depicting the Development, together with the legal description, is attached as Exhibit A; and WHEREAS, there is currently pending an application for Amendment of the PUD identified as AR-I0030, which PUD Amendment was directed by the County to be filed by Resolution No. 06-143; and WHEREAS, Developer is willing to convey to County without any impact fee credits, approximately two acres of land, as depicted and generally described in Exhibit B (the "Subject Parcel") for road right-of-way to be used by the County as part of the proposed extension of Rattlesnake Hammock Road. The final size and configuration of the Subject Parcel shall be determined upon completion of the final Phase 1 design; and WHEREAS, County desires to advance the widening of Davis Boulevard and Collier Boulevard north of its intersection with Davis Boulevard, but has a funding shortfall and Developer desires to assist the County in funding the referenced road improvements by pre- paying fifty percent (50%) of its transportation impact fees for all 160,000 square feet of retail and/or office uses authorized for the Development, which County will utilize for the Davis and Collier Boulevard improvements; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Development concurrent with when the impacts of the Development occur on the public facilities; and 517354 v_03 \ 111323.0003 Agenda Item No. 1689 February 27,2007 Page 4 of 16 WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to Development; 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 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 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 shall convey marketable title to the Subject Parcel to the County in fee simple, made by executed Warranty Deed, suitable for recording, the general form of which is attached hereto as Exhibit "C", free and clear of all liens and encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage, The County agrees to condemn the easements described in Items 7 and lIon Page 2 of9 517354 v _03 \ 111323.0003 Agenda Item No. 1689 February 27,2007 Page 5 of 16 Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. The Subject Parcel will be conveyed no later than the earlier of (1) fIrst approval of the Phase 1 CertifIcate of Occupancy with respect to this Development, or (2) 365 days after the approval of the Agreement, with the executed Warranty Deed provided to the OffIce of the County Attorney. 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 asceI1ain 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 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. 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. 4. 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 on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 5. Within 30 days after the expiration of all appeal periods for Developer's Amended CPUD Ordinance without an appeal fIled, Developer shall prepay to County one-half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees. Developer shall receive a Certificate of Adequate Public Facilities ("CertifIcate") vesting the Developer's Project to construct 160,000 square feet of retail space, as more particularly described in the PUD Document, 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 160,000 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 after payment and receipt of the CertifIcate. Page 3 of9 517354 v_03 \ 111323.0003 Agenda Item No. 1689 February 27,2007 Page 6 of 16 6. Developer will receive Certificates of Occupancy in two (2) phases, of approximately Forty-five Thousand (45,000) square feet of retail space on or after approval of an amendment to the PUD ("Phase I"), and an additional One Hundred Fifteen Thousand (115,000) square feet of retail space upon the substantial completion ofthe six (6) lane improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2"). 7. Not later than 90 days prior to the expiration of the three-year period for the Certificate, and following the completion of the Project to County standards, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to Fifty Percent (50%), based on the 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. 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 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 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. 8. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9. 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 propeliy within the Hammock Park Commerce Centre Planned Unit Development, 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. 10. 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. Page 4 of9 517354 v _03 \ 111323.0003 Agenda Item No. 1689 February 27,2007 Page 7 of 16 11. 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. 12. 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 SEMBLER FAMILY PARTNERSHIP #42. LTD: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.l.c.P. Transportation Division Administrator Phone: (239) 774-8872 Facsimile: (239) 774-9370 5858 Central Avenue St. Petersburg, FL 33707-1728 Attn: Craig Sher Phone: (727) 384-6000 Facsimile: (727) 347-0247 Notice shall be deemed to have been given on the next successive business day to the date ofthe courier waybill if sent by nationally recognized overnight delivery service. 13. 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. 14. 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 pmiy 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. 15. 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 of the Development. 16. 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 Page 5 of9 517354 v_03 \ 111323.0003 Agenda Item No. 16B9 February 27,2007 Page 8 of 16 failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 17. This Agreement is contingent on and shall not become effective until final approval ofPUD Amendment, Petition No. AR-10030 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed by a third party, then on written notice, either party may terminate this Agreement. During this contingency period and for 30 days thereafter, County shall reserve for the Development sufficient capacity on the County's transportation network for 160,000 square feet of retail commercial uses. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 6 of9 517354 v_03 \ I I 1323.0003 Agenda Item No. 1689 February 27, 2007 Page 9 of 16 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: , Deputy Clerk , Chairman AS TO DEVELOPER: Signed, sealed and delivered in the presence of: SEMBLER FAMILY PARTNERSHIP #42, LTD. By: Sembler Retail II, Inc., General Partner By: Signature Printed Name Signature Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, by , as of SEMBLER RETAIL II, Inc., General Partner of SEMBLER F AMIL Y PARTNERSHIP #42, LTD., who is personally known to me or has produced as identification. Notary Public Print Name: My Commission Expires: Page 7 of9 517354 v _03 \ 111323.0003 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney 517354 v_03 \ 111323.0003 Agenda Item No. 16B9 February 27, 2007 Page 10 of 16 Page 80f9 517354 v _03 \ 111323.0003 Exhibit A Exhibit B Exhibit C Agenda Item No. 16B9 February 27, 2007 Page 11 of 16 LIST OF EXHIBITS ATTACHED TO AGREEMENT Legal description and graphic rendering of the Development Description and Depiction of Subject Parcel Form of Warranty Deed Page 9 of9 Hammock Park PUDA Locus Map " ~l...... \\ .~~ r \~'I ,,- " O'l r-- CD C/JO"-- <.P..O '0 N -" ..J ~ Agenda Item No. 1689 February 27, 2007 Page 13 of 16 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more pmiicu1arly described as follows: O.R.1573,Page355 The North one-half (N 1 /2) of the South one-half (S 1/2) of the Southwest one- quarter (SWI/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S 1/2) of the Southeast one-quarter (SE1/4) of the Southwest one-quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R.1708,Page1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less. ()) r-- <.0 o:JO"- <e-Q "- . 0 q- ..- ~ .. Q) E COl (JJmro _::::lQ.. -;;.0 "O(JJ ,...LL a:i OJ <( '- - [,61'.00 N N ~~ Q:: ~ In ~ i:!: t:3 f:l 0..: ;;:;; e3 ..;j '- ~'"t~ ~ ~!") ~ ~~ ~ ~::t U) I~ 1~ _L ~ III ~~ ~; ~m S- '" ~ 19B (]YON AJ.NI10:J "'4t' ''+ a Q - a ~ ~ - II . <::) ~ - ~ '":}~ .:1 ~ ~ ~ Q: )... ~ l!s ..!. ~ a:: I i~ ~~ 'm S- ot .goVf 3.tfl,tg,00 N ----~ 18Ol-- ..1'- ~a JN31f31Yd J 'WHdSY . ft ft OJ ft ft t- - OJ - :::c X w /,~vl ,eEl ILn, No. 150Cl --Eebwar.y.2 7. , 7 Page 15 of 16 PROJECT NAME: PARCEL NOlS): PARENT TRACT FOLIO NO. WARRANTY DEED THIS WARRANTY DEED made this _ day of , 20_, by, (hereinafter referred to as "Grantor") I whose post office box is (ADDRESS] to COLUER COUNTY. a political subdivision of the State of ROOda, its successors and assigns I whose post office address is 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, sells, aJiens, remises, releases, conveys and confirms unto the Grantee. aU that certain land situate 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 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 forever. AND the Grantor hereby covenants with said Grantee that tha Grantor is lawfuily seized of sak;j 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) O'l I'-- co co 0'- ;-0..0 0 .0 .- 2... ~2:'& -mm .8::lD.. m..o -oW eLL (lJ O'l <( I JI Iii I 11'1 'I II · ~I .1 liili Ii' III I = i ii t i III If. b! ~II,.I! b Hi ; I.! !! iii!l~ I! Iii! II~ I .. to' ~ 1l.1 I: n I!~ ! II .. ~ ~ · ~I.. I I II . Ii iid I I ~ !i ilil dl ~UII ~ U11! ~ II t !~~i i lll! ! II ~III! I 'I 'I iI I' 1~!llJ !l'l' ~ ~ ....' 'I I 'r"l' · I ,I i p' ~lli! i ~ ~ ~! I! III iml i~l!i [~ ;r! u1 i~ ~ !~!~~~! ~ ~ II ! I ! ~ !b I ~ , i ~ , i II ! II ~~ ~! Ii ~Hl! ~IIB~ I E ~~,~I~~ !I !ii j 1111 ! ! III1 ! HHf' II 9s;;;~ y :t PI": ..: Ii! ~ i ~ 1M i II > ~ 1 ; ~Ii h " ~ ~ ~!>~l>); I a I [ tl I ~~ :I~ ~ I i . II I -------- I , I I h- I I : I \,', I \ I 1 1 1 1 I I I I I I 1 I al ..,. 5 \ I ":4. ~i ~P4. t I "'7 "'\ I I I I I I 1 I I I I I '" '" t f I ~ j ~h~~ii h~;U i .... :i I!: ~ I: ~ a: 1- .... ::Ii ~ '" ~ 0.. ~ ::IE ~ :t: I N :it ..,. "1.4. '4.0 "'4. .., p ~ ~ ~ ~ ~~~~ - {(I; ~ ':::( ~ I~i! h. ~ Uh , 0 -.... ~ i ~ ! " [;j ! .1M !;d ~.:~ ~ J-I"'Y14 pH! ~ I ~ ~ ~ .. d " o ..,. is ':4.g i ~ ~1.)4. & ~ I ~ ..,~ u ~ . ~ ~ Q ~ . ~ " 0 g ,,; m ~ ~ ~ :3 ~ u 0 ~ g ~ 2 1 , ~ ~ 0 ~ L() U lr Ii; ! w .- in w lr e ~ Agenda Item No. 16C1 February 27,2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the acquisition of a 60-foot by 60-foot Utility Easement near the northwest corner of 3898 1st A venue SW for a public water supply well site easement, at a total cost not to exceed $27,000, Project Number 700661. OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for a well site to accommodate one new public water supply well to maintain the sustainability of the existing Golden Gate Wellfield. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between 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), and David Keefer and Deeatra Martin-Keefer (Property Owners) for the purchase of a 60-foot by 60-foot Easement in Golden Gate Estates. The Easement will accommodate one water supply well needed to maintain the sustainability of the existing Golden Gate Well field. The Easement is located in close proximity to an existing raw water transmission main along Weber Boulevard serving the North County Regional Water Treatment Plant (NCRWTP). A Location Map is attached. Real Estate Services' staff appraiser valued the Easement at $25,500. The Property Owners have agreed to sell the Easement to the District for $25,500, The results of an Environmental Site Assessment performed by the County's Pollution Control Department are favorable. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Utility Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. The scope of work proposed for this action is consistent with the 2005 Update to the Water Master Plan, as adopted by the Board of County Commissioners on June 6, 2006, as Agenda Item lOB. Approval of the acquisition of the Easement will further the process of providing a sustainable public water supply. FISCAL IMPACT: The total cost should not exceed $27,000 ($25,500 for the Easement, $900 for the Environmental Site Assessment, and $600 for title commitment, title policy and recording of documents). Funds in the amount of $27,000 are available in the FY 07 budget for this action in Project 700661, Golden Gate Wellfield Improvements. The FY 07 budget was approved by the Board on September 21, 2006. Source of funds is Water User Fees (412). ~"'-"'" Agenda Item No. 16C 1 February 27,2007 Page 2 of 8 EXECUTIVE SUMMARY Purchase of 50-foot by 50-foot Easement at 3898 1st Avenue SW Page 2 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TION: That the District: 1. Approve the attached Easement Agreement and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize the Chairman to execute the Easement Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct the County Manager or his designee to proceed to acquire the Easement, to follow all appropriate closing procedures, and to record the Utility Easement, and any and all necessary documents to obtain clear title to the Easement, in the Public records of Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16C1 February 27, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to approve the acquIsition of a 60-faat by 60-faat Utility Easement near the northwest corner of 3898 1st Avenue SV~'for a public water supply well site easement, at a total cost not to exceed S27,000. Project Number 700661. 2/27/2007900:00 AM Date Prepared By Gary Bigelow Adm! nistrative Services Property AcquisItIon Specialist Facilities Management 1/26/2007 3;26;31 PM Date Approved By Karen B. Gulisni, P.E. Public Utilities Senior Project Manager Public Utilities Engineering 1126120073:45 PM Date App roved By Toni A. Matt Administrative Services Real Property Supervisor Facilities Management 1129120077:30 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 1/29/2007 1 :00 PM Date Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management 1129/2007 2:07 PM Date Approved By Roy 8. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 2/6/20074:05 PM Date Approved By James W. Delany Public Utflities Public Utilities Administrator Public Utilities Administration 2/7/2007 11 :22 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/13120072:06 PM Date Approved By Michael Smykowski Count}' M ,mager's Office Management & BUdget Director Office of Management & Budget 2/16120071 ;25 PM Date Appro"ed By James V. Mudd Board of County CommiSSioners County Manager County Manager's Office 2/1612007 1 :57 PM Agenda Item NO.1 C 1 February 27, 07 Page 4 f 8 PROJECT: Tamiami (Golden Gate) Wellfield Sustainability PROJECT NO.: 700661 FOLIO NO.: 36760680006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2007, by and between DAVID KEEFER AND DEEATRA MARTIN-KEEFER, husband and wife, as tenants by the entireties (hereinafter referred to as "Owners"), whose mailing address is 3898 15: Avenue SW, Naples, Florida, 34117-3000, 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, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owners desire to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owners for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owners shall convey the Property via a Utility Easement to Purchaser for the sum of Twenty-Five Thousand, Five Hundred and no/100 Dollars ($25,500.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owners' remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes, 2. Prior to Closing, Owners shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owners shall provide such instruments, properly executed, to Purchaser on or before the date of Closing, 3, Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owners and Owners shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 4. Owners are aware and understand 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. 5. Owners represent that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owners have no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owners have not received notice and otherwise has EA,UE Easement Agreement Agenda Item No. 1 C 1 February 27, 07 Page 2 Page 5 f 8 no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owners shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owners' representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owners. Owners shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage recorded against the land underlying the Property from the mortgagee. The cost of a title commitment shall be paid by Purchaser. 8. Purchaser will insure the integrity of the Owners' fence before, during and after construction so that Owners' pets are contained within the fence at all times. In addition, Purchaser agrees to cooperate with Owner in an effort to minimize the visual impact of the proposed utility and access improvements. These provisions shall survive Closing and are not deemed satisfied by conveyance of title. 9, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owners is contingent upon no other prOVISions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11 , This Agreement is governed and construed in accordance with the laws of the State of Florida. EA.UE Easement Agreement Agenda Item No. 16C1 February 27,2007 Page 3 Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2007. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-DFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT BY: Deputy Clerk James Coletta , Chairman AS TO OWNER: DATED: 1/10/07 ~~ ~itness (Signature) N me: HIlVS 1L()~5CL.L rint or Type) ~ (i ature)~~ (Print or Type) Approved as to form and legal suffioency: EA-UE ....... f'- co uo- <:.Q...f? 0 . f'- Q) - OJ ..:.. CIJ E Co.. 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Agenda Item No. 16C2 February 27, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the acquisition of a 50-foot by 60-foot Utility Easement near the southwest corner of 341 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Numbers 700661 and 701581. OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for a well site to accommodate one new public water supply well to maintain the sustainability of the existing Golden Gate Wellfield. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between 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), and Jerry L. Zimmerman and Sue Jim Zimmerman (Property Owners) for the purchase of a 50-foot by 60-foot Easement in Golden Gate Estates. The Easement will accommodate one water supply well needed to maintain the sustainability of the existing Golden Gate Wellfield. The Easement is located in close proximity to an existing raw water transmission main along Weber Boulevard serving the North County Regional Water Treatment Plant (NCRWTP). A Location Map is attached, Real Estate Services' staff appraiser valued the Easement at $23,000. The Property Owners have agreed to sell the Easement to the District for $23,000. The results of an Environmental Site Assessment performed by the County's Pollution Control Department are favorable. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Utility Easement will be reviewed and approved by the County Attorney's OfHce and the Public Utilities Engineering Department prior to execution and recordation. The scope of work proposed for this action is consistent with the 2005 Update to the Water Master Plan, as adopted by the Board on June 6, 2006, as Agenda item lOB. Approval of the acquisition of the Easement will further the process of providing a sustainable public water supply. FISCAL IMPACT: The total cost should not exceed $24,500 ($23,000 for the Easement, $900 for the Environmental Site Assessment, and $600 for title commitment, title policy and recording of documents). Funds in the amount of $24,500 are available in the FY 07 budget for this action in Project 700661, Golden Gate Wellfield Improvements, and in Project 701581, Replace Lower Tamiami Wells. The FY 07 budget was approved by the Board on September 21,2006. Source of funds is Water User Fees (412). ,- Agenda Item No. 16C2 February 27, 2007 Page 2 of 8 EXECUTIVE SUMMARY Purchase of 50-foot by 50-foot Easement at 341 Weber Boulevard North Page 2 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TION: That the District: 1. Approve the attached Easement Agreement and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize the Chairman to execute the Easement Agreement and any and all other County Attorney's Office approved docwnents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct the County Manager or his designee to proceed to acquire the Easement, to follow all appropriate closing procedures, and to record the Utility Easement, and any and all necessary documents to obtain clear title to the Easement, in the Public records of Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16C2 February 27, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15C2 Recommendation to approve the acquisition of a 50-foot by 60-foat Utility Easement near the soutnwest corner of 341 Weber Boulevard North for a public water supply well site easement, at a total :::ost not to exceed $2tL500, Project Numbers 700561 and 701581 2/27/20079:00:00 AM Date Prepared By Gary Bigelow Administrative Services Property Acquisition Specialist Facilities Management 1126/2007 3:27:20 PM Date Approved By Karen B. Guiiani, P.E. Public Utilities Senior Project Manager Public Utilities Engineering 1126/20073:46 PM Date App roved By Toni A. Molt Administrative Services Real Property Supervisor Facilities Management 1129/2007 7: 33 AM Date Approved By Thomas Wi des Public Utilities Operations Director Public Utilities Operations 1/29/200712:56 PM Date Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management 1129120072:06 PM Date Approved By Roy B. Anderson, P.E. Public Utilities PubliC Utilities Engineering Director Public Utilities Engineering 2/6/20074:06 PM Date App roved By James W. Delany Public Utilities Public Utilities Administrator Public Utilities Administration 2/7/2007 11 :23 AM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/13120072:10 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16120075:21 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Mzmager's Office 2/19120072:34 PM Agenda Item No. 1 C2 February 27, 2 07 Page 4 f 8 PROJECT: TAMIAMI (GOLDEN GATE) WELLFIELD SUSTAINABILlTY PROJECT NO.: 700661 FOLIO NO.: 36710360004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 200', by and between JERRY L. ZIMMERMAN AND SUE JIM ZIMMERMAN, husband and wife (hereinafter referred to as "Owner"), whose mailing address is 341 Weber Boulevard North, Naples, Florida, 34120-2739, 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 (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access, to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, Owner shall convey the Property via a Utility Easement to Purchaser for the sum of Twenty-Three Thousand and no/100 Dollars ($23,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs. improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes, 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. EA-UE Easement Agreement Agenda Item No. 1 C2 February 27,2 07 Page 2 Page 5 f 8 4. Owner is aware 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. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage recorded against the land underlying the Property from the mortgagee. The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE Easement Agreement Agenda Item NO.1 C2 February 27, 2 07 Page 3 Page 6 f 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 200tJ. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Deputy Clerk James Coletta , Chairman AS TO OWNER: DATED: I / I r;./O 7 ( -~~1~ wftness (Signature) Na e: f/4J.h i? uS<;"E L L ( 'nt or Type) ~/.~ er . Zimrr6r"man --~7W~ Witness (Signature) Name: H/J~S (.t;iSSt:LL P- 'nt or Type) ~~Qft~ ,/ Sue Ji immer n Approved as to form and legal sufficiency: EI~~~ ~~ Assistant County Attorney EA-UE Nr--CO UO- WOO .....-....., r-- C]) Ol ""- co >= 2:' CL ~co ~2 co.!) -oC]) cu. C]) Ol <( AV'M .:10 lH9J~ ,09 Hl~ON 'CJA18 ~383M .Ot . "I TW'JSI - ~~ ~~' ~ i ai ~ I ~...~ ~ I ~ ,. ~~i'Vl~ l~ ;! ~~8~~ !~ ~ ~~~~~ I;.... :n~g~ 1<>: ~ ~!:lu 'l ~ I. '" ",,,,~V1~.......a ~ 2:~V)~~ ~ i! I~~~~~~ !~ ~ ~9~~~ l-i :s ;,:8<..><.>0 Iv> I:! a"ii!~G I! ~ KVlt;6:~~ l~ ~ !9~~~'8~ ~ ~ " I- U rg "I:! ~ y~-~" ~ ~ ~ln ~ ~~ ~ 8 ~~~ ~~ ... eJlI)O~-::l ",'" O;:I:"ll: ..... :t;e ~laJ)... . I-:\tl ~ V1~~CD~ 05: - ~~~~~ :~ ~ ~~~~~ ~~ ~ c~~ ~~ ~ "',;:",...;-< <.>!.1 <....-: c:: Vi-' ~ ~5~~ ~'s~"'~ '" "'c.S~::;'I:!~c:;i!:~ lJj ......... t;)~~[5"'1i i;i3t",~ ~ c"'~'" v>","-~ltl"'12I:!~"'~15 ~~~~El~I:!~~~:::I ",<.>~~~",,1!g <.....Q ~~ ~~=3~ua~~~eJ ~l;5 ~a~~~ ~~h~~ (.,). co... _UC;lG.:.t..:>. .D!:i: c ~ "'- f- o Q? i-: Q:: Lu a <:: ~ Lu Q:: i!: gs :i?: ; ~N'i/l j() dOl jmlXOHdd't' , f ^ V(v1 .:10 lH9/tJ 7VNV:J ,00 l l ~6 'tJ':J z- )... ~ ~ :i?:~ ~IO .q:1- ~ ~ 0: I<') C co ~ gs V> .q: I- ~ ~ .... .... ... .. I ~ i C.:l (j tl~ ~ ~ ~ ~ ,,~ o ~c:: ~ _ I.tj J::: "'t:' ~ ~!b ~~! l5 uO::,>:l'!S:;; ~ ~~~~ ~ ,.", UJ~<3~ "" Q~u~ u fl:; QI:!"'" ~ ...... ~V\....... C> ~ -q:;:j~t! ~ ~ :t:~. ~ 8 c l> :;:: - , ~ ;: ~ ~ ~ ~ ~~ J C!; <5 ~~ !Q ~ ~ ... '" ~ ,:.: ~ ~ u >= i ~ i ~ ~i ......... - III ~ =~ ~8 I I I ~I r ;;Ii, i -!!Iii I h .l~.n IiI!! === i il Ii i il . II I I f I ~ '" ~ ~ ~ ~ ~ ~ gO I '" , .. t"t ;:: I.) a ~ ~ "-. ~ ~ ~ I t'5 u ~ S ~ ~ ~ ~ ~ ~ /: ~ S 0 :i: '" 9 ~ ~ ~ l!' 0 g ;;: I Jo-re69d /t1 1<.. .Ll81HX3 N r-- 00 ~~ cir-- ZN EC 2~ ~.D "'S2tf Ui 0) <( c.. <( :E z o - I- <( U o ....I Agenda Item No. 16C3 February 27, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the acquisition of a Utility Easement for a 50-foot by 60- foot public water supply well site near the southwest corner of 611 "leber Boulevard South, and associated pipeline and access area, at a total cost not to exceed $52,700, Project Number 700661. OBJECTIVE: The public purpose is to acquire a Utility Easement (Easement) for a well site and associated pipeline and access area to accommodate one new public water supply well to maintain the sustainability of the existing Golden Gate Wellfield. CONSIDERATIONS: Staff recommends approval and execution of the attached Easement Agreement between 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), and Nancy R. Frees (Property Owner) for the purchase of an Easement for a 50-foot by 60-foot well site in Golden Gate Estates. The Easement will accommodate one water supply well needed to maintain the sustainability of the existing Golden Gate Wellfield. In order to accommodate the Property Owner's requirement that the well site be located at the rear of the property, the Easement also provides a 20-foot wide pipeline and access corridor to connect the well site to an existing raw water transmission main along Weber Boulevard serving the North County Regional Water Treatment Plant (NCRWTP). A Location Map is attached. Real Estate Services' staff appraiser valued the Easement at $51,000. The Property Owner has agreed to sell the Easement to the District for $51,000. The results of an Environmental Site Assessment performed by the County's Pollution Control Department are favorable. The Easement Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Utility Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. The scope of work proposed for this action is consistent with the 2005 Update to the Water Master Plan, as adopted by the Board of County Commissioners on June 6, 2006, as Agenda Item lOB. Approval of the acquisition of the Easement will further the process of providing a sustainable public water supply. FISCAL IMPACT: The total cost should not exceed $52,700 ($51,000 for the Easement, $900 for the Environmental Site Assessment, and $800 for title commitment, title policy and recording of documents). Funds in the amount of $52,700 are available in the FY 07 budget for this action in Project 700661, Golden Gate Wellfield Improvements. The FY 07 budget was approved by the Board on September 21, 2006. Source of funds is Water User Fees (412). Agenda Item No. 16C3 February 27, 2007 Page 2 of 8 EXECUTIVE SUMMARY Purchase of 50-foot by 60-foot Easement at 611 Weber Boulevard South Page 2 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the District: 1. Approve the attached Easement Agreement and accept the Utility Easement once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize the Chairman to execute the Easement Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and 5. Direct the County Manager or his designee to proceed to acquire the Easement, to follow all appropriate closing procedures, and to record the Utility Easement, and any and all necessary documents to obtain clear title to the Easement, in the Public Records of Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16C3 February 27, 2007 Page30fB COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Recommendation to approve the acquIsition of a Utility Easement tor a 50-foot by 60~fool public water supply well site near the southwest corner of 611 VI/eber Boulevard South, and assocIated pipeline and access area, at a total cost not to exceed $52,700. Project Number 700661 2/27/2007900:00 AM Date Prepa red By Gary Bigelow Administrative Services Property AcqUIsition Specialist Facilities Management 1/26120073:28:48 PM Date Approved By Karen B. Guliani, P.E. Public Utilities Senior Project Manager Public Utilities Engineering 1/26/20073:47 PM Date Approved By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management 1/29/2007 7:35 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 1/29/200712:52 PM Date App roved By Skip C.mp, C.F.M. Administrative Services Facilities Management Director Facilities Management 1129/20072:05 PM Date Approved By Roy 8. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Englneenng 21712007 4 38 PM Date App roved By James W. Delony PubliC Utilities Public UtiHties Administrator Public Utilities Administration 2/9/200712:14 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/13/20072:11 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20075:28 PM Approved By James V. Mudd Board of County Commissioners COllnt~. Manager Date County Manager's Office 2/19/20072:39 PM Prepared By: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 PROJECT: TAMIAMI (GOLDEN GATE) WELLFIELD SUSTAINABILlTY PROJECT NO.: 700661 FOLIO NO.: 36760200004 Agenda Item NO.1 C3 February 27, 2 07 Page 4 f 8 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2001. by and between NANCY R. FREES, a single person, (hereinafter referred to as "Owner"), whose mailing address is 611 Weber Boulevard South, Naples, Florida, 34117-4159, 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, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access, to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, Owner shall convey the Property via a Utility Easement to Purchaser for the sum of Fifty-One Thousand and no/100 Dollars ($51,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs,r .('!mprovements, and fixtures located thereon, LInd fgr any damLl~OE: reE:l.AltiRs to Ownor'c \i\ ^ r.l. ~rgrn4inin@ IGlnaE:, and for all other damages in connection with conveyance of said ~u..A-J Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property, At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 4. Owner is aware 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, 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the EA-UE Easement Agreement Agenda Item No. 1 'C3 February 27, 2 07 Page 2 Page 5 f 8 generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attomey fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage recorded against the land underlying the Property from the mortgagee, The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. During construction activities, Purchaser will make all reasonable efforts to protect and preserve the existing Magnolia and Bald Cypress trees on Owner's property in the vicinity of the easement area, and Purchaser will construct and maintain an access roadway so that it meanders within the easement area as a natural extension of the owner's existing lime rock driveway. In addition, Purchaser agrees to cooperate with Owner in an effort to minimize the visual impact of the proposed utility and access improvements. These provisions shall survive Closing and are not deemed satisfied by conveyance of title. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE Easement Agreement Agenda Item NO.1 ,C3 February 27, 2 07 Page 3 Page 6 f 8 IN WITNESS WHEREOF, the .],arties hereto have executed this Agreement on this _ day of , 200' Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: James Coletta , Chairman Deputy Clerk AS TO OWNER: DATED: I /11 j 0 7 ; .. ~~\~ hJ (Print or Type) Approved as to form and legal sufficiency: ~ ~~ EA-UE Mr--CC 00'- ~O . " r-- <JJ L. OJ ;>,CC E--Q.. 2~ -;;Li -o<JJ eLL <JJ OJ <( ~1 ~o ~1 X& UJ~ Ii) i- Ll ~ h: ! ~ i I I ~ If [E I ;;;Ii . ~I ; IJ " I hll ~ !~! ~'rf i~~ '" II ~ ~ ~ J fl . ,,~ .~ N~ ~ iiIii i " ~~ ,it ~ . i : I~ ~ j i i I~ ~ I ::>).. f5 V) Co l..l :::!; :J\ ~ ..' .at . .1 :'Jlr.1C1 .... ~ - -- ' "- '" ~ ~3t::; L~ ~~ '"'. ll! '" C5 ::; ~""~::;!Q~ ~i r-..~WC!L.,; ~ ~~"'~~ ;;.~ 0", -'2;i'O~".:l::!t:! ~V) t;~u~I/),,-~V) ""'R !ii~~l:l~~~~ ~~ ....,(X)QUI.o.V')~ ~ ~~ ~....~~'Ol(~~O ~~ U'l i5QU V'I ~~8i5~~gdelA.l~ BlI'l-':0'Cl::'Uo~~~ "'i:::'~~bi<3;;~C:;'5o: ~~ ~habi ~~~~& t\~8~:8~~~:.~~ .... L> t;iil 0:;'" ~CL :S~ .... ~ ....::5 ~~ ~~ . l...; :2~ ...~ ~~ 8 ~ '" '" ~ '" ~ L> '" -ll S '" " '" '" "'"Ai .:10 lH!)/~ 1'IN'v':J .00 t t 1>6 '~':J !~ l::> ~V) . '"' ..... ~ co .. ~ ~ i <1 U "'i:\':i<.:l ~ ~~" C\I - ~~a~ .. W j:::::O '" 1.;:' << ~ 9:~~~ '!; CJ Q::"'uS ~ ~~~~ i ol:l ~~~g .. .'-' 15Cl1.;:~~ g Vl ~'Ll I ~ <g~~ @ Cl: :t:~",o: Cl ~O;:e..' .. <!, ~ ~~~ ~ i ~ <:s ~~ ~ ;Vl i~ ~ i g ~ ~ :J ~ u ;:: II! ~ . ~ illll! ~w I ~ ~ : ~ '- '" i:i ~ 0: ~ ~ co ~~ ~ ~ t\ " - <.> ~~~,,~ ~5S ~ .., lh '" ~ ~ co Q g I !t ~ ~ ! '" f ~ ~ ii t ~ f /: ~ ~ s ~ ~ f? i 0( Q:. ~ 0 C") U to c. <( :2E z o - I- .... . '~"8:';u.:-.,~,~ i - I 7';'0 " ,.". ,^,;~4: "e-:' '~i:'-_ _,:,":, ~ ""'" '---'~:""""':Z~'::::'_"- :.'''"" ~ ~ n Agenda Item No. 16C4 February 27,2007 Page 1 of 10 Executive SUmmary Recommendation to award Work Order HM-FT-3785-07-04 with Hole Montes, Inc. for professional services for Modifications to Collier County Water Department Raw Water Booster Pump Station in the amount of $600,600, Project 710041. OBJECTIVE: The public pmpose of this project is to improve County Water Department response during emergencies and hurricanes by making changes at the Collier County Water Department Raw Water Booster Pump Station (RWBPS). The RWBPS modifications proposed to meet this goal include numerous structural upgrades to the facility for manned operation and adding a storage building for emergency equipment. Also included are acoustical improvements and pump room equipment upgrades. The addition of a storage building will require changes to the site storm water management. CONSIDERATION: The RWBPS has been in continuous operation over sixteen years with minimal equipment upgrades. This project will provide required mechanical improvements, expand functionality of the building for emergency and hurricane response and improve the noise attenuation for the pumping equipment. The list of improvements includes: ".- . Installation of the selected noise attenuation that will allow operation of the standby generator in compliance with Collier County noise standards. Noise attenuation will be implemented based on a study prepared by Wise Associates dated October 22, 2004. . Upgrading the existing facility to provide for manned operation, which will include a crew ready room, shower and locker facilities, air conditioning, potable water supply, and other supporting improvements; and the inspection of the facility roof and structure to identify upgrades needed to withstand hunicane winds. . Addition of a two-bay storage facility approximately 50 feet by 100 ft for vehicles and equipment such as portable generators motors and valves. . Replacement, repair or upgrade of the VFD units, check valves, pump room floor drains, under slab pump suction piping, light fixtures, louvers and vents, monorail hoist system, and roll-up door. The scope of work also includes the preventative maintenance rebuild of the water booster pumps. -- Staff has negotiated a Scope of Work and fees with Hole Montes, Inc. that are fair, reasonable, and commensurate with utility engineering services as outlined in Fixed Annual Term Contract #05-3785. This scope will provide for the necessary design services, including plans and specifications, and construction oversight for the above improvements. Agenda Item No. 16C4 February 27,2007 Page 2 of 10 FISCAL IMP ACT: The total cost associated with approval of this work order is $600,600. Funding for this project is available in the FY07 Capital Budget adopted by the Board of County Commissioners on September 21, 2006. The source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: The request has no measurable impact on current Growth Management Plan standards for ensuring the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order HM-FT-3785-07-04 to Hole Montes, Inc., in the amount of $600,600. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's Office. PREPARED BY: Howard Brogdon, Project Manager, Public Utilities Water Department Item Number: Item Summary: Meeting Date: Agencla Item No, 16C4 February 27, 2007 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation 10 award Work Order HM-FT-3785-07~04 with Hole Montes Inc. for professional services for Modifications to Colher County Water Department Raw Water Booster Dump Stallon In the amount of S600.600 Project 710041 2/27/200790000."M Date Prepared By Howard Brogdon Public Utilities Laboratory Supervisor Water 2/1/20072:19:19 PM Date Approved By Karen B. Guliani, P.E. Public Utilities Senior Project Manager Public Utilities Engineering 2/1/20072:29 PM Date Approved By Thomas Wi des Public Utilities Operations Director Public Utilities Operations 2/2/2007 1 :52 PM Date Approved By Pamela Libby Public Utilities Water Operations Manager Water 2/5/2007 4:27 PM Date Approved By Paul Mattausch Public Utilities Water Director Water 216/20074:17 PM Date App roved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 2,7120075:26 PM Date Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing 218/2007 10:46 AM Date Approved By Stev€" Carnell Administrative Services Purchasing/General Svcs Director Purchasing 2/8/20071:13 PM Date Approved By James W, Delony Public UtHiUes Public Utilities Administrator Public Utilities Administration 2/9/20072:41 PM Date Approved By OMB Coordinator County Manager's Office AdminIstrative Assistant Office of Management & Budget 2113120072:13 PM Date Approved By Micllael Smykowski County Manager's OffIce Management & Budget Director Office of Management & Budget 2/16/20075:25 PM Date A pp roved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/17120079:35 AM WORK ORDER # HM-FT-3785-07-04 Agreement for Fixed Term Utilities Engineering Services Contract #05-3785, BCC Approved 9/27/05 16.C.14 Agenda Item No. 16C4 February 27, 2007 Page 4 of 10 This Work Order is for professional engineering services for work known as: Project: Modifications to Collier County Water Department Raw Water Booster Pump Station. The work is specified in the proposal dated 17 November 2006, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-3785-07-04 is assigned to Hole Montes, Inc. Scope of Work: This scope of services includes engineering services for design through construction for facility improvements to the CoIlier County Water Department Raw Water Booster Pump Station. Facility improvements are desired to provide for manned operations during emergencies, acoustical improvements to meet County noise ordinance, and replacement and upgrade of existing drives, pumps, motors and meters Schedule of Work: This work order shall remain in effect for 28 months following the receipt of the Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated. Services Original Compensation Task 1 - Workshop and Design Report (combine with Task 2) $0 lump sum Task 2 - Structure Analysis of Existing Structure for Hurricanes $65,000 lump sum Task 3 - Preparation of Construction Documents $237,000 lump sum Task 4 - Permitting $43,600 time and materials Task 5 - Bidding and Construction Services $255,000 time and materials Total $600,600 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additipnal se vice and charged according to Schedule "A" of the Agreement. PREPARED BY: _2.2- 0 '7 Date H REVIEWED BY: Karen Guliani, Principle Project Manager Date REVIEWED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Roy B. Anderson, P .E" PUED Director Date APPROVED BY: James W. DeLony, P .E., Administrator Public Utilities Division Date Approved as to Form and Legal Sufficiency: ACCEPTED BY: Date: ~7-/o7 BY:~ I ~- Assistant County Attorney ~(2) . ~Jl^ . ~.~ Fund: 412 CC: 273512 GfL Account: 631400 Project Number: 7 I 004 HM HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Wtlt. Naples, Florida 34110. Phone: 239.254.2000. Fax: 239.25402097 Agenda Item No. 16C4 February 27,2007 Page 5 of 10 Draft March 29, 2006 Re-Issued February 6, 2007 Mr. Howard Brogdon Collier County Government Complex Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. "H" Naples, Florida 34112 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FACILITY IMPROVEMENTS RAW WATER BOOSTER PUMP STATION HM File No.: 8200A Dear Howard: Hole Montes is pleased to submit this proposal for design and construction services associated with facility improvements at the Raw Water Booster Pump Station located at 7th Street SW in Golden Gate Estates. These improvements will generally consist of the following: 1. Upgrade the existing facility to provide for manned operation, which will involve a ready room, shower and locker facilities, air conditioning, potable water supply, and other supporting improvements. 2. A two-bay storage facility approximately 50 feet by 100 ft for vehicles and equipment such as portable generators, motors and valves. 3. Modification of the existing pump room and pump equipment, which may include replacement and upgrade of the VFD units, check valves, light fixtures, louvers and vents, and roll-up door. Work may also include the preventative maintenance rebuild of the water booster pumps and the necessary repairs to ensure proper operation of the pump room floor drains. The existing monorail hoist system will be replaced by a bridge crane. 4. Replacement of the underslab pump suction piping for the booster pumps with new piping located in a concrete pipe trench. 5. Relocation of the existing underground venturi flow meter to an above ground location along with modifications to the yard piping at the facility as necessary. 6. Evaluation of an independent acoustical study provided by the County and assistance with selection of sound attenuation steps to be implemented. Installation of the selected sound attenuation steps to allow day time operation of the standby generator to comply with Collier County noise standards. 7. Site improvements and changes necessary to accommodate the preceding items. 8. Inspection of the facility roof and structure to identify upgrades needed to withstand hurricane winds. Naples . Fort Myers . Venice Mr. Howard Brodgon Collier County PUED HM File 8200A February 6, 2007 Page 2 Agenda Item No. 16C4 February 27, 2007 Page 6 of 10 A preliminary/conceptual construction budget for the above project is approximately $3.3 million exclusive of structural modifications needed to strengthen the structure for high hurricane force winds. We offer the following background information and propose the following steps for Hole Montes to design and implement these desired improvements. Backeround The County wishes to upgrade the existing Raw Water Booster Pump Station to allow for temporary manned operation during emergencies and hurricanes. The County also wishes to utilize its property to the north of the existing structure for storm water management to allow construction of a storage facility adjacent to the existing structure. Noise attenuation is needed to prevent daytime violations of the County noise ordinance. Noise attenuation will be implemented based on a study prepared by Wise Associates dated October 22, 2004. County Water Department staff has identified certain maintenance activities and equipment upgrades recommended for the pwnp room equipment. Task 1: Workshop and Desil!l1 Report A half-day design workshop will be held on site and at the North Water Treatment Plant to assess and discuss the County identified improvements listed as numbers 1 through 8 on Page 1, The purpose of this workshop is to further clarify and discuss the improvements. Existing floor plan and site plan exhibits will be used during the workshop to identify improvements and assess alternatives. Hole Montes will be represented at the workshop by Ron Benson and Clifford Pepper as well as structural, electrical and acoustical engineers on an as-needed basis. Following the workshop, Hole Montes will prepare a draft preliminary design report describing the recommended improvements and identifying the alternatives considered in constructing each improvement. Preparation of the draft report will involve additional site visits and investigation by Hole Montes. Construction cost estimates will be provided for each improvement. The report will also outline the impact of construction associated with each improvement on the facility operations. The draft design report and sketches will be submitted to PUED and the Water Department for their review within six weeks following the workshop. A meeting with the County staff will be held to review the draft preliminary design report and to receive the County's comments. Hole Montes will incorporate the County's comments into a final design report and issue copies to PUED and the Water Department. Unless major scope changes are needed in the project, the final design report will be submitted within two weeks after the review meeting. H:\I2OCM~AFF MKTG F"6edoHCP\WP\CoIIler~ aawwlllli', ,.......do hr.. Mr. Howard Brodgon Collier County PUED HM File 8200A February 6, 2007 Page 3 Agenda Item No. 16C4 February 27,2007 Page 7 of 10 Task 2: Structure Analvsis of Existine Structure for Hurricanes A second workshop will be held to review the fmdings of the structural engineer and architect with regard to the existing structure's hurricane readiness. An analysis of the existing structure will be presented to allow the County's assessment of the building's ability to withstand hurricane force winds. A variety of building modification options will be presented for the County's implementation, We understand the County will furnish the record drawings for the original structure as well as any shop drawings in its possession. The record drawings are required for engineering analysis of the structure. The scope of potential structural changes cannot be determined until completion of the engineering analysis. Therefore, design and implementation of the structural improvements and upgrades selected by the County will be performed under a supplemental work order. We estimate the lump sum cost for Tasks and 2 professional services to be $65,000, Task 3: Preparation of Construction Documents Hole Montes will prepare construction documents for the County's review at the 60% and 90% completion milestones. Eight copies of the construction drawings, 11 by 17 inch, will be provided at each milestone. A review meeting will held with the County at each milestone to discuss their comments. Upon County approval of the 90% documents, final revisions will be made and four copies of the full size drawings and technical specifications will be provided for the County's use in bidding the work. The front end documents and contract forms will be added to the Hole Montes technical specifications by the County, which will then advertise and issue the Construction Documents for bidding. We estimate the lump sum cost for Task 3 professional services to be $237,000, Task 4: Permittin2. This task includes preparation of permit applications for (1) an Environmental Resource Permit with the South Florida Water Management District (or the Florida DEP if jurisdiction has been transferred for this facility), (2) a Site Development Permit with Collier County, and (3) a construction permit with Florida DEP. We have included time for meetings with the regulatory agencies and preparation of responses to their questions. We estimate the time and expense fees for Task 4 professional services to be $43,600. H:~AFFNl:TGFaldenIHCP\WP\CoIli<<~"""'''',,''"'IIl. ."'. 1Ir..... Mr. Howard Brodgon Collier County PUED HM File 8200A February 6, 2007 Page 4 Agenda Item No. 16C4 February 27,2007 Page 8 of 10 Task 5: Biddine: and Construction Services This task includes attendance at a pre-bid meeting, responding to bidders' questions via addenda, review of the bids, and a recommendation of award. We will perform the following duties during construction: attendance at project meetings, responding to RFls, shop drawing review, preparation of project close-out documents, and preparation of record drawings. The record drawings will consist of the AutoCAD drawing files on CD and four full-size prints. The field construction period is anticipated to be eleven months. Our field services during construction will be limited to site visits on a weekly basis by the project manager or design engineers for review of progress. If daily site observation is needed, we can provide those services for an additional cost. We estimate the time and expense fees fOf Task 5 professional services to be $255,000, Understandine: of Professional Services We have based our proposal upon all improvements being accomplished under one standard construction contract to be awarded after public bidding and within six months after completion of the Bid Documents. Facility improvements other than those specifically mentioned above will require additional fees. The County Utilities Standards Manual will form the basis of materials selection and installation requirements. We have excluded the following activities and associated costs from this proposal: (a) any permitting application costs, (b) investigation or management of hazardous materials and historical artifacts, (c) construction surveying, (d) environmental assessments, ( e) acoustical studies and reports, and (f) hydrogeology, The building permit application will be completed and submitted by the general contractof. Record drawings will be provided as specifically noted and will be prepared based solely upon as-built information provided by the contractor. Fee and Schedule The design services associated with Tasks 1, 2 and 3 are covered in a lump sum fee. The permitting and construction services associated with Tasks 4 and 5 shall be performed on a time and expense basis. The maximum fee for design and construction services is estimated to be $600,600. H:~AFFMKTG FoIdmIHCP\WP\ColIier~bwW_rs~UodHcr.doc Mr. Howard Brodgon Collier County PUED HM File 8200A February 6,2007 Page 5 Agenda Item No. 16C4 February 27, 2007 Page 9 of 1 0 The anticipated project schedule is summarized in the following outline: · Submit design report & structural analysis · Submit construction documents · Permitting applications · Bid & award construction contract · Complete construction 3 months after NTP to Hole Montes 6 months (9 months after NTP) 4 months (13 months after NTP) 4 months (17 months after NIP) 11 months (28 months after NTP) We look forward to working closely with Collier County to provide successful, cost-effective improvements at the Raw Water Booster Pump Station. If you have any questions about this proposal, please give me or Clifford Pepper a call at your convenience. Thank you for this opportunity to be of service to Collier County. Sincerely yours, HOLE MONTES, INC. ~ .c onald E. Benson, Jr., Ph.D., P.E. Senior Vice President / Principal REB:lIk cc: Pam Libby, Collier County Water Department Ty Stuller, CoJlier County Water Department Jessie Komomy, Collier County Water Department Clifford Pepper, Hole Montes H:~AnMKTGFoI~WI"1CoIIier~""'W~.. Uodo ....doe ~r-o 00"- co 0,- .,,-NO .r---:O o C'~ ..- Z <lJ ~CO) Croro 2:::10... -;;.0 -o<lJ ~LL Qj 0) <( ..... ~ o::t ... 0 - 0 0 ..... "..,'" - ,,"'" " I.. --~ , ". "''''..''' .. ..0_..", ~ ."".., r-... 0 M ... - Z . Ol 0 .... 0 '""'" t) 0 a> N N '0' ... - ... co 0 c.. 0 >- ..... .... ... - 0 i-- ... ~ a> ... - .... . 0 ~ ~ ~I - .... I. -,., := M ... ~ 0 - - c::: .... ~I " c: N a> ... - E "'- 0 .... 0 ... >- ~ ..... .... .8 0.. c: ... .~ g- a> - :!: 0 0 0 ..,. .9 :; :.;::; 0 0- ... CIJ ~ .c- o; ~ ::; a> .... ~ 0 u 0 .... en ,;., <= Ul 0 ~ ... '5 ~ - co 0 ~ 0.. 0 r- 0 0 r- E '7 :::0 tIl t) >- ~I ""x- , .. " l- I- .. E <l) ::::l u.. .E '0 .... M ::i: c: c.. (/J '" 0: ... s: ::::l - :I: <II ... 0 u 0 0 a> .. .~ ;: 0 <II '" U .... 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CIl a:: '0' .::c: .::c: ~u 'i: .::c: 0 :J .::c: .::c: I./) ..... c C/l "0 C/l ro :J l... C/l U u C/l C/l C 0 .2 l... ... ~ c ~ c ..... :J ltI --- 0 ltI ItI 0 I.. U c.. I- ro I- <( (/) :r: I- 0 0 l- I- U c. < Agenda Item No. 16C5 February 27, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. OBJECTIVE: The public purpose of this project is to structurally restore and to eliminate extraneous flows to the sanitary sewers and manholes thereby enhancing the performance of the County's wastewater system. The action requested is to award annual contract agreements for trenchless sewer system rehabilitation contractors who will be utilized on an as needed basis. CONSIDERATIONS: The Public Utilities Division has a continuing need to perform sewer system rehabilitation for faulty sewer pipelines. In many locations pipelines are deteriorated and antiquated, therefore badly needing repair. The Division has had favorable experience with the trenchless technology method of repair, in lieu of conventional excavation and repair techniques. With trenchless technology, the whole sewer length from manhole to manhole is relined and service laterals reconnected. The trenchless sewer method achieves the goal of reducing groundwater infiltration, thus reducing unnecessary hydraulic loads on the County wastewater treatment plants which is inefficient and can reduce treatment capacities. The trenchless sewer rehabilitation method also reduces construction inconvenience to sewer customers and the public. Staff will identify projects requiring the applicable trenchless rehabilitation method and issue work orders to initiate the project concurrent with procedural approval from the Purchasing Department. The bid documents were prepared for three different categories of trenchless sewer rehabilitation methods with a mandatory fourth category for common tasks applicable to all the three methods oftrenchless sewer rehabilitation. A bidder was free to bid more than one category but would be evaluated on a category-by-category basis for lowest bid and the experience qualifications required as specified for each category. The three main categories are: 1) Category A: Cured-in-Place Pipe Lining Contractor. 2) Category B which is subdivided into two alternate materials: Fold-and-Form using HDPE Pipe Lining Contractor (Bl) or Fold-and-Form using PVC Pipe Lining Contractor (B2). 3) Category C: Pipe Bursting Contractor (This technique is used to locally burst the existing pipe in place and a new product pipe is simultaneously pulled in behind). An additional category, Category D was work common to all the three main trenchless rehabilitation categories. On November 22, 2006, two hundred twenty-three invitations to bid this project were issued of which twenty-one showed interest by requesting a package. On December 20, 2006, seven bids were received as follows from Williams Testing, Southeast Pipe Survey Inc., Reynolds Inliner, American Infrastructure Corporation, Insituform Technologies, Inc., Miller Pipeline Corporation, and HERC Products, Inc. This is a similar response from the last bid, twenty-nine invitations ..- were sent out and ten bids were received. The seven bidders bid on one or more of the three Categories A, B, and C, as indicated in the table below and the attached bid tabulation. Upon Agenda Item No. 16C5 February 27,2007 Page 2 of 8 review of the seven bids, the following firms are being recommended for selection in each of the following three categories: Category A: Four bids were received of which Miller Pipeline Corporation was the lowest qualified bidder followed closely by Reynolds Inliner. Staff recommends awarding contracts to Miller Pipeline Corporation as the primary contractor for the Cured-in-Place Pipe Contract with Reynolds Inliner as the secondary contractor. In the event the primary contractor is not available to do the work or does not meet the contract requirements, the secondary contractor will be utilized. Category B: Two bids were received of which one utilized PVC (polyvinyl) pipe material and one utilized HDPE (high density polyethylene) fold-and-form pipe. Miller Pipeline Corporation utilizing PVC fold-and-form pipe was the lowest qualified bidder. Staff recommends awarding the Fold-and-Form Pipe Lining Using HDPE (B1) Contract to Reynolds Inliner and the Fold- and-Form Pipe Lining Using PVC (B2) Contract to Miller Pipeline Corporation. Category C: One bid was received of which HERC Products, Inc. was the one and only qualified bidder. Staff recommends not awarding the Pipe Bursting Contract in this contract period. Bid Categ01Y Bidder (Unit Price Totals) A B1 B2 1. Williams Testing (Not Qualified) - - - 2. Southeast Pipe Survey Inc $5,230.00 - - 3. Reynolds Inliner $457.02 $390.02 - 4. American Infrastructure Corporation Not Qualified - linear feet - - 5. Insituform Technologies, Inc. $504.00 - - 6. Miller Pipeline Corporation $428.50 - $382 Category D: Staff recommends awarding the work common to the entire main trenchless rehabilitation categories contract to all awarded bidders, Miller Pipeline Corporation and Reynolds Inliner. Staff recommends authorizing the Public Utilities Engineering Department Director to approve work orders as addressed within this summary. The contract period is for one year with three one-year renewal periods at the County's option. This project is consistent with the 2005 Wastewater Master Plan adopted by the Board in June 6, 2006 as Agenda Item 10(B). FISCAL IMPACT: The annual fiscal impact is planned to be $2,000,000. These funds are available in the FY07 Capital Budget approved by the Board of County Commissioners on September 21, 2006. Funds are budgeted in the Wastewater Department Cost Center for County Sewer Capital Projects under Fund 414. '- GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public sanitary sewers and manholes. Agenda Item No. 16C5 February 27, 2007 Page 3 of 8 RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District. Approve the recommended selection of the two firms, in Category A Miller Pipeline Corporation with Reynolds Inliner as the secondary contractor, Reynolds Inliner in Category B 1, Miller Pipeline Corporation in Category B2, and both firms in Category D, as described above for annual trenchless sewer rehabilitation contracting services pursuant to Bid No. 07-4088. Authorize the county manager or his designee to execute the contracts. PREPARED BY: James Sainvilus, Public Utilities Engineering Project Manager Agenda Item No. 16C5 February 27, 2007 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16C5 Recommendation to award annual contracts to selected firms for trench less sewer system rehabllitalion contracting services per bid 07 -4088, project 73050. 2/27/2007900:00 AM Item Number: Item Summary: Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/29120074:31 PM App roved By Stephen L. Nagy Wastewater Collecbons Manager Date Public UtiUties WasteWater 21212007 8:33 AM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 2/8/2007 2:59 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 2/8/20073:08 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 2/9/200710:01 AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public: Utilities Engineering 2/9/200711 :23 AM Approved By Kelsey Ward Contract Admrnistration Manager Data Administrative Services Purchasing 2/9/200711:37 AM Approved By G. George Yilmaz. WasteWater Director Date Public Utilities WasteWater 2/9/20072:15 PM Approved By James W. OeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 2/1212007 9:07 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/13/20072:12 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/16/20072:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/16/20072:29 PM L.(') I'- co <.)0.... 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M M M M ,."": r-- 0 Q 0 0 0 0 ot!i '!~ -,~':! a Agenda Item No. 16C6 February 27,2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a budget amendment to transfer funds in the amount of $250,000 from the Collier County Water-Sewer District User Fee Fund (414) Reserve for Contingencies to Project 743131, Northeast Irrigation Quality Pipeline, in order to purchase 9,720 feet on 24" irrigation quality pipe from the Transportation Department in the amount of $355,725. OBJECTIVE: The public purpose is to deliver irrigation quality (IQ) water to customers in the Northeast section of the County. CONSIDERATIONS: The scope of this project is to install an irrigation quality line from Collier Boulevard to the new Northeast Water Reclamation Facility. Construction on this irrigation quality line as outlined in the Wastewater Master Plan is scheduled to start in 2009. Public Utilities has an opportunity to purchase 9,720 linear feet (If) of 24" reclaim pipe from Transportation Depmtment for $36 per linear foot. The total cost of the pipe is $355,725. The current market cost for that size diameter pipe is $60 per linear foot. This represents a cost savings to the Collier County Water Sewer District of over $225,000. Malcolm Pirnie has provided an assessment of the 24" pipe and determined that the pipe would be acceptable for any Collier County project as long as it is stored and protected correctly. Public Utilities has an additional opportunity to save money by joining with the Transportation Division, Pathways section to install the pipe during the Transportation Pathways construction along Immokalee Road. This will require additional funding for pipe installations and inspection which will be brought to the Board at that time. FISCAL IMPACT: Funds in the amount of$250,000 are available in Collier County Water-Sewer District User Fee Fund (414) Reserve for Contingencies approved by the Board of County Commissioners on September 21,2006. The Funding source is Wastewater (414) User Fees GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: Staff recommends that The Board of County Commissioners, as Ex-officio governing board for the Collier County Water-Sewer District: Authorize the County manager or his designee to approve the necessary budget amendment, and approve and authorize the purchase of 9,720 If of 24" irrigation quality pipe in the amount of $355,725. PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C6 February 27, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Recommendation to approve a budget amendment to transfer funds in the amount of $250,000 from the Collier County Water-Sewer District User Fee Fund (414) Reselve for Conllngencles to Project 743131. Norttleast Irrigation Quality Pipeline, in order tD purchase 9,720 feet on 24 irrigation quality pipe from the Transportation Department in the amount of $355,725 2/27/20079:0000 AM Project Manager Date Prepared By Oayne Atkinson Public Utilities Public Utilities- Engineering 2121200710:49:35 AM Steve Carnell Date Approved By Administrative Services PurchasingfGeneral Svcs Director Purchasing 217/20073:17 PM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 21712007 3:45 PM WasteWater Director Date Approved By G. George Yilmaz Public Utilities WasteWater 2/91200710:24 AM Principal Project Manager Date Approved By William D. Mullin, PE Public Utllltle>; Public Utilities Engineering 2/9/200711:25 AM Date Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 21912007 12:57 PM Public Utilities Administrator Date Approved By James W. Delony Public Utilities Public Utilities Administration 2/12/20079:08 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2/13/20072;14 PM Michael Smykowskl Data App roved By County Manager's Office Management & Budget Director Office of Management & Budget 2/20/20071 :37 PM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20120072:25 PM Agenda Item No. 16C6 February 27,2007 Page 3 of 5 .,,...,......,."""""~'<;:.-'ll'w"" ._~""""-~~ "':'r'~1l";""''z.;B:!''';'': ~rt.:~~." I'. ll;~~i~fimfll.~;lm~'\iJL~"~' ~IJCO~ "c':.",' ::",~,;;,.",~.";';~:'.;''''~'' -, ,~~~ 1:71~' ""y,' J 'i.l? ,,:"a~.~&i u~~,;;1;t.:;1Z;::~- IRNI ,",." ", , c." ",,,,*, c' ; .'.'aift't~tth'Tt';li~'s;~;~" j 1 , '~'~~~.f.ili_PJ"~ >~ J", oF ~ ~ J~~;~.~IT~~t~:~~~it~i'":l~~~~~ .~. ~ March 28, 2006 Dayne Atkinson, Project Manager Collier County Public Utilities Engineering 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Re: Due Diligence Survey 24" PVC Reclaimed Water Pipe Dear Mr. Atkinson: Collier County requested that Malcolm Pirnie conduct a due diligence survey of 9000 LF of 24" PVC reclaimed water pipe presently controlled by the Collier County Transportation Dept., the City of Naples and its local contractor John Carlo, Inc. The purpose of the survey was to ascertain the viability of utilizing this pipe for a future reclaimed transmission system in northeast Collier County. A field inspection of the pipe was conducted by Malcolm Pirnie with the following results: The majority of the pipe is located in a Naples City Park just off Burning Tree Rd. The 8640 LF of pipe was stored appropriately and was found to be in excellent condition. The remaining 360 LF was located at a road construction site on Goodlette-Frank Rd. just north of Gateway Blvd. This pipe was also found to be in excellent condition, however, the storage of this pipe was not in a secured location and construction activities in the immediate area could jeopardize the condition of the pipe if not relocated soon. The pipe is manufactured by National Pipe and Plastics, Inc. of Vestal, NY. and meets the specifications for reclaimed water systems as outlined in Section 1, Part 1, 1.1 and Section 2, Division 2, Section 02622, para 1.3, C of the Collier County Utilities Standard Manual, September 2005. Fn7;7\~~~~~~\ll~q~\~~IT~;'1'..1~ 1J ~ ' ? :i((j~nm~~[llf;tJj~rrtlt\tJ",I'" ~AIJCO~ ' )' " ",'" /)~)')',,) tu.! ; ,. , '~~ff"fMm~fiti~~;(;t~21 :~{~j", l'1!~~ttr. . t ~tft~?i1~t?~: '..'~"f{t:~F IRNI ' ~'1' ,," "1'" ,I" 'fj'" ", ~: ,)',;}J 1,,:flilf.iji~':'f'tlilt't~ii'!I'~ ;' ,\~ji:;~1 , I,! ,,;'i~~~~~~~.^,,;"'f.1lW,1 '~%~~;~ t~~~~i!t~ ~;~~",~~~~i1'~ ~ !~i~~t ~~~~~ r ? . Agenda Item No. 16C6 February 27.2007 Page 4 of 5 The technical staff of National Pipe was contacted for their recommendation on the proper storage and the effects of ultraviolet rays on the subject pipe. They indicated that the pipe and gaskets are processed with rutile dioxide (Ti02) which serves as an ultraviolet inhibitor which protects against ultraviolet degradation for a minimum of two years. They indicated that this pipe which was manufactured in July of 2005 and would be good for another 1 Y2 years in its presently stored location. It is recommended that the pipe be protected from UV rays if the total storage time will exceed two years. Based on the field inspection and the manufacturers recommendations this pipe would be acceptable for any Collier County reclaimed water project subject to engineering design criterion as to size and specified material. Suggested locations for pipe storage were at the corner of Immokalee Road and State Road 951 near Pond#9 Park and in a soon to be acquired 100' RW off of Broken Back Rd next to the quarry. Either would be suitable but the Broken Back location may be more advantageous due to its proximity to a future pipeline construction site as shown on the attached preliminary drawing from Wilson Miller depicting a probable pipe routing. The cost of transporting the pipe to one of these locations for storage should be between $1200 and $1800 depending on the decided storage location. With transportation costs the County would realize a 25-35% savings over the cost of this pipe if purchased today. If you have any questions concerning this report please contact me at 239-332-1300. Thank you for allowing Malcolm Pirnie Inc. the opportunity to once again serve Collier County. Sincerely, Thomas C. Roadman, CDT WI_>>M;/., .,. ..~ I .. &: I t t,t -...... ~ r ~~ Agenda Item No. 16C6 February 27,2007 Mr. Dayne Atkinsdfflge 5 of 5 March 28, 2006 Page 3 of3 ~~1IC'l ~ ~. ~~,_.__~ PIN ~ ..E. ~ J!.~ Jl.!'~ 11.~ KdlELcb1cDf CaIclIa!Ddby. <21. . . ._ ~il:.;!m~ CI1ecke:i t:r)I: .~ Pcr~: ,,__ . lhIat cJ ~~; L R t l . t I:!I ' III 'J. ~ >40. :.:. " ;Q ~r~ .... .., """, .< Ji ~ J I ~ '\! -- ,. ) ~ -\.~ ~\,<d ~ !f .~..l. ~.. I il , \ -'i- - - - ~ - '4-' I 1 1 ... ..-<!' Agenda Item No. 1601 February 27, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the submittal of a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant Application for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools. OBJECTIVE: To receive approval to submit a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant Application for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools. CONSIDERA TIONS: Environmental Systems Research Institute, Inc. (ESRI) in conjunction with National 4-H Headquarters has created a software granting program. In applying for this grant the Collier County University Extension 4H Youth Development program's goal is to foster and support the integration of geographic information system (GIS) applications in its county 4H clubs. Doing so will enable these clubs to develop projects using GIS in areas of improved emergency preparedness, environmental conservation, public safety and enhanced community resource education. With the mapping results from the GIS project, students will explore strategies to effect change in their community by presenting their findings to policy makers, government and community leaders, and their own neighborhood. The grant covers a period of essentially one 4-H project year from the date of grant approval and software (valued at $100,000) receipt through September 30, 2008. Eligibility requirements are that a 4-H club meets together regularly for 4-H youth development program delivery and has been recognized as an authorized 4-H group within a state's 4-H program with a list of enrolled youth members and approved adult volunteer 4-H leaders or 4-H agents on file. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan as a result of this grant. FISCAL IMPACT: The maximum grant request includes a youth club license of selected software for Windows computers and Windows CE devices, books, and Web-based resources for GIS technology. Since the award is in the form of software, and training and no cash is provided, there is no direct fiscal impact and no cash match requirement. RECOMMENDA TION: That the Board of County Commissioners approve the submittal of a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant to the ESRI Grant Assistance Program and National 4-H GIS/GPS Technology Leadership Team for the Collier County 4-H Program. PREPARED BY: Anna Galdames, Extension Agent/4-H Youth Development, University Extension Services , '-"'" Agenda Item No. 16D1 February 27,2007 Page 2 of 9 2007 ESRI GIS Grant Program for 4-H (U.S.) Introductory-Level Grant Application To begin, please download, save, and print this Grant Application Form and the Frequently Asked Questions (FAQ) document (see link below). Please refer to the freauentlv asked auestions (FAQs) before starting or submitting final grant application. Once you have completed this application form, please refer to the directions at http://ais2.esri.com/arants/4harants/introductorv.cfm to upload and submit your application. (R) = Required Field A. Club Profile and Contact Information (R) Club name: Naples Navigators ESRI customer number (if one exists): (R) Club mailing address: 821 Limpkin Rd P.O. Box: (R) City: Naples (R) State: FL (R) 9-digit ZIP: 34120 (R) Organization agency responsible for club: Collier County UF/IFAS Extension (R) Organization physical street address (required for software delivery): 14700 Immokalee Rd (R) City: Naples (R) State: Florida (R) 9-digit ZIP: 34120 Club Web site URL: http://collier.ifas.ufl.edu/4-H/4Hindex.htm ESRllntroductory-Level Grant Application Page 1 of 7 2/12/2007 Agenda Item No. 16D1 February 27,2007 Page 3 of 9 Primary club contact (adult): The approved adult volunteer 4-H leader or 4-H agent who will become the club's software license administrator and the registered primary end user with ESRI (R) Name: Anna Galdames Title: Extension Agent 1/ 4-H Youth Development (R) Primary contact mailing address: 14700 Immokalee Rd (R) City: Naples (R) State: Florida (R) 9-digit ZIP: 34120 (R) Primary contact telephone: (239)273-3747 (R) Primary contact fax: (239)353-7127 (R) Primary contact e-mail: acqaldames@ufl.edu Required for Virtual Campus training and initial notification Secondary club contact (adult): The approved adult volunteer 4-H leader or 4-H agent (R) Name: Robert Halman Title: County Extension Director (R) Secondary contact mailing address: 14700 Immokalee Rd (R) City: Naples (R) State: Florida (R) 9-digit ZIP: 34120 (R) Secondary contact telephone: (239)353-4244 Secondary contact fax: (239)353-7127 (R) Secondary contact e-mail: rdhalman@ufl.edu Required for Virtual Campus training and initial notification ESRI Introductory-Level Grant Application Page 2 of 7 2/12/2007 Agenda Item No. 16D1 February 27, 2007 Page 4 of 9 B. Club Members and COrnmunity Information (R) Description of estimated population demographics and geographic area encompassed by club activities/members: The estimated permanent population of Collier County is 251,377 (2000 Census) and the seasonal population increased to 441,915 in 2005. The number of members involved in club activities is 2.259. The more popular proiects that members are involved in include Livestock. Environmental and Marine Proiects (285 members), and after school proaramming (181 ).The aeographic areas reached are all throuahout Collier County. including East Naples, Golden Gate Estates and Immokalee, a predominately Hatian and Hispanic community. (R) County name: D Rural D Small town [g] Urban D Inner city D Military base D Other: Club Membership: Estimated number of adults and number and ages of youth club members who will be involved Number of adults: ................................12 Number of youths, ages 5-7:...............4 Number of youths, ages 8-9:...............6 Number of youths, ages 10-12:...........14 Number of youths, ages 13-18:........... 22 C. Hardware and Software (R) Software requested-Check only one: [g] ArcView 9.2 (most current technology) Youth Club Kit Bundle D ArcView 3.3 Youth Club Kit Bundle Confirm that your computers will meet or exceed the hardware requirements for the software version you've selected. This may be done at the ESRI Knowledge Base Web site: http://suPPort. esri. com/index. cfm ?fa=knowledaebase. system Rea uirements ,aateway (R) Describe computers on which the software will be installed. (50 words max) Computers used for installina the software are Gateway and Dell Desktops. and various brands of laptop and home computers. ESRI Introductory-Level Grant Application Page 3 of 7 2/12/2007 Agenda Item No. 16D1 February 27,2007 Page 5 of 9 (R) Basic/General operating system configuration: RAM: 512 MB Disk space: 1 GHz OS: Windows 2000 or Windows XP (Home Edition and Professional) (R) Total number of computers on which the software will be installed: 10 (R) Type or location of computers-Check all that apply: ~ Home computers ~ School or other education lab ~ Club mobile labs ~ County extension lab ~ Other: Public Libraries (R) What type of computer networks will you have access to? Check all that apply: D LAN D Dial-up ~ DSL ~ Broadband ~ Other high-speed access D Other: Describe any club printers, plotters, GPS receivers, PDAs, or other field data collection equipment you will have access to. (50 words max) Support from Collier County IT Department D. General Response Questions (R) Provide a brief description of the planned Community Atlas project (http://www.esri.com/communityatlas). (200 words max) The planned Community Atlas proiect consists of illustratinq the nature of Collier County throuqh maps and text of the natural landscapes, demoqraphic patterns, land use patterns, and siqnificant current local issues. The area of focus for the proiect will be community conservation with an emphasis on the environment. aqriculture. and recreation in Collier County. Each topic within these areas will include a brief description and map. Topics include local habitat zone for panthers. habitat in estuaries, local landfills and their approachinq capacities, flora and fauna, boat ramps and marinas with public access to water, recreational parks, and aqricultural enterprises and farms to improve awareness. The obiective of the proiect is to raise public awareness in Collier County throuqh education and participation in activities. With the information provided, community members will learn about each area and how they are directly affected. The maps will provide resources to participate in recreational and aqricultural activities, invitinq them to become more involved. A section of the proiect will provide audiences with statistics and proqression throuqhout the years alonq with information on what community members can do to increase community conservation awareness in Collier County. ESRI Introductory-Level Grant Application Page 4 of 7 2/12/2007 Agenda Item No. 16D1 February 27,2007 Page 6 of 9 (R) Provide a brief description of the planned community service project using GIS technology. (200 words max) The planned Community Service Proiect the club will accomplish consists of assistino in developino emeroency routino networks by usino GIS for locatino and mappino out shelters throuohout Collier County. The ooal of this proiect is to develop and provide a simple shelter locator mappino system that assists in minimizino the effect of a disaster such as a hurricane or other emeroencies. In the aftermath of Hurricanes Katrina and Rita in 2005. the Federal Emeroency Manaoement Aoency (FEMA) desionated many counties throuahout the Gulf Coast as "disaster counties." This desionation of Collier County as an identified county shows a need to receive more resources for disaster assistance within the community. By usino the eauipment and materials from the ESRI GIS Grant Prooram. the club members will be trained to plot out on a map the 25 current facilities available for emeroency shelters in Collier County. each housino approximately 35.000 residents. The map will assist community members in locatino the closest shelter to their home and most efficient way to oet to that shelter. Materials developed from this proiect consist of pocket flyers containino a foldino map and hurricane preparedness information with important contact numbers and disaster kit checklist. These flyers will be distributed throuohout Collier County. A website will also be created of club members, which will be hiohly accessible to community members. This community service proiect will also encouraoe the involvement and participation of Collier County Department of Emeroency Operations. youth and leader volunteers. Extension faculty. local GIS expertise. and other community residents. (R) Why is the inclusion of GIS in your youth and club activities important? (200 words max) This proiect encouraoes state-wide aoals in the 4-H prooram by empowerino youth with success at all levels of ability. Youth will have the opportunity to learn important life skills while they practice and enoaoe in hands-on activities that will prepare them for their future. Participants will also develop pride in their success while developino strono youth and adult partnerships within their community. Not only will youth learn about the importance of technolooy in their lives, but will also oive them the opportunity to teach others what they have learned makino it a sustainable process. The potential proiects that will be accomplished with GIS oives youth an understandino of the real-world problems and how it relates to the value of cuttino edae technolooy. Most importantly, youth will become proficient with GIS knowledoe that will play an important role in auidino students in orioinatina a vision of different career options and career paths for their future. With these technolooies in oeooraphic information youth will have the opportunity to make better decisions that improve the welfare of people in their community. (R) How does your club plan to contribute to the creation or further development of the 4-H Technology Action Plan in your state? (200 words max) Further development of the 4-H Technolooy action plan will be established by learnino the GIS prooram and passino on the information. makino it sustainable in Collier County. Club members will accomplish this by sharino with other local youth oroups what they have learned, encouraoino their particpation as well as statewide sharina of ideas and experience with GIS. (R) Why should your 4-H club be considered for the 2007 ESRI GIS Grant Program for U.S. 4-H? (200 words max) With this orani. 4-H youth and adults will learn how to enoaoe community members and identify needs throuohout the community. This will oive youth and adult leaders the opportunity to form networks with leaders. first responders. and others to address emeroency preparedness needs for information on shelter locations. With a hioh rate of hurricanes every year. 4-H youth, ESRllntroductory-Level Grant Application Page 5 of 7 2/12/2007 Agenda Item No. 16D1 February 27,2007 Page 7 of 9 leaders, and local residents will oain experience in plannino and preparino for these emeroencies. Coordinated plannino and GIS trainino for 4-H youth will enhance education to community members throuohout Collier County, improvino emeroency preparedness efforts. The technolooical tools offered by the orant will enhance advance plannino. E. Ongoing GIS Activities (R) Provide a brief description of current GIS and other geospatial activities (e.g., specific programs created, presentations made, conferences attended, training events undertaken). Note: Currently not having completed any GIS or other geospatial activities does not disqualify a club from applying for and potentially receiving a grant. (200 words max) N/A F. Plans for 2007/2008 and Beyond (R) Describe your plans for 2007/2008 and beyond toward building, maintaining, and expanding GIS and other geospatial activities by the club. In other words, what is the club's long-term vision and sustainability plan surrounding the incorporation of geotechnologies into its activities? How will this vision involve the club with the local community? (200 words max) The lono term vision of the club is to develop proiects usino GIS to increase community resources. These areas include community profile, community assets. community history, environment and conservation. and public safety and emeroency preparedness. With the results from the GIS proiects students will explore their perceptions about their community and refine their perceptions into conclusions from which more research proiects are developed. This will help to develop strateoies to effect chanoe in their community by presentino their findinos to policy makers, oovernment and community leaders, and their own neiohborhood. In order to affect chanoe, future trends to which the community is likely to be subiected can be predicted with GIS technolooy. A train-the-trainers prooram with GIS trainino curriculum materials will be implemented with youth in order for the projects to continue throuohout the years with future 4-H clubs. ESRllntroductory-Level Grant Application Page 6 of 7 2/1212007 Agenda Item No. 16D1 February 27,2007 Page 8 of 9 G. State Letter of Support Indicate name of person that has signed the letter of support from state 4-H technology director or coordinator: Dr. Marilvn Norman Remember to print your application before submitting. Application Period: January 1, 2007 to February 28, 2007 ESRI Introductory-Level Grant Application Page 7 of 7 2/12/2007 Item Number: Item Summary: Meettng Date: COLLIER COUNTY BOARD OF COUNTY COMMISStONERS 16D1 Agenda Item No. 1601 February 27, 2007 Page 9 of9 Recommendation to approve the submittal of a 2007 ESRI Grant Program for 4-H (U S) Introductory-Level Grant Application to the ESRI Grant Assistance Program and National 4~H GISfGPS Tecnnology Leadership Team for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools 2/27120079 00 OO.AM Date Approved By Robert Halman Public Services Director University Extension Services 2/121200712:44 PM Marlene J. Foard Date Approved By Administrative Services Grants Coordinator Administrative Services Admin. 2/12120071 :37 PM Approved By Marla Ramsey Public Services Public Services Administrator Public Services Admin. Date 2/15/200710:17 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2115/20073:15 PM Date Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Office of Management & Budget 21161200712:32 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2/16120072:13 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 2120/20079:33 AM Agenda Item No. 1602 February 27,2007 Page 1 of 11 EXECUTIVE SUMMARY Recommend Approval of a budget amendment in the amount of $40,000 for a Time & Material, Not- To-Exceed proposal from PBS&J under Professional Services Contract 06- 3969 to have Dr. David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying die-off factors, contributing relationships and outlining mitigation strategies and costs. OBJECTIVE: Approve a budget amendment in the amount of $40,000 for a Time & Material, Not-To-Exceed proposal from PBS&J under Professional Services Contract 06-3969 to have Dr. David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying die-off factors, contributing relationships and outlining mitigation strategies and costs. BACKGROUND and CONSIDERATIONS: Clam Bay is an inlportant natural feature in Collier County that has experienced losses in sea grass coverage. Existing results from ongoing sea grass mapping efforts in Lower Clam Bay suggest that coverage of this important habitat has declined by more than 50 percent between 1994 and 2006. It has also been suggested that a more precipitous decline in coverage occurred between 1991 and 1994. Modifications to the Clam Bay system include the construction, in 1958, of Sea gate Drive, which severed the previous tidal connections between Clam Pass to the north and Doctors Pass to the south. A series of culverts were put in place in 1976 to alleviate this condition, but their effectiveness is somewhat limited. Recent decades have also been characterized by the rapid urbanization of the Clam Bay watershed. Prior studies in similar lagoonal systems in Southwest Florida suggest that increased urbanization would bring about increased freshwater inflows and substantial increases in non-point sources of both nitrogen and phosphorus. In response to these concerns, a working group from Pelican Bay Services Division, the Seagate Community, the City of Naples and Collier County has been formed to work with an independent sea grass expert to answer the following questions: · What is the extent of sea grass resources in Clam Bay? · How has sea grass coverage changed over the recent past? · What are the most likely factors associated with recent declines? · How have freshwater inflow and nutrient loads to Clam Bay changed over time? · What actions might reasonably be expected to allow for recovery of these seagrass resources? · What would be a reasonable timeline and budget for implementing such a recovery plan? To accomplish this, Dr. David Tomasko from PBS&J was selected and a four month study was proposed that would: · Interview Stakeholders and collect existing data from various organizations. · Analyze existing data, perform additional tests, determine potential depth distribution of sea grasses and develop potential water clarity goals for Lower Clam Bay. · Identify estimated freshwater and pollutant loading levels for Lower Clam Bay. · Develop an action plan to address environmental stressors. · Develop order of magnitude cost estimates and implementation timing. Agenda Item No. 1602 February 27, 2007 Page 2 of 11 Throughout this study, special attention will be paid to activities that could be part of a public outreach / public participation effort. In a highly urbanized landscape, changes in practices on a personal level, if widely adopted, can be more effective, and certainly less costly, than traditional storm water retrofit projects. Potential activities include educational efforts focused on proper lawn fertilization protocols, the value and use of cisterns for capturing roof runoff, the value of rerouting roof runoff away from driveways, proper pet waste disposal practices, etc. COUNTY ATTORNEY FINDING: Professional Services Contract 06-3969 with PBS&J and Collier County is in effect and has been reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: The approved FY07 budget provides funding for Clam Bay Restoration Initiatives within Fund 320. The majority of funding within fund 320 is derived from special assessments and a transfer from MSTD Fund 111. This Executive Summary contemplates a budget amendment totaling $40,000 to provide for additional contractual services benefiting the Clam Bay estuary. Since MSTD Fund 111 supports Clam Bay restoration efforts, this "study will be funded from MSTD111 reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve a budget amendment in the amount of $40,000 from MSTD Fund 111 reserves for a Time & Material, Not- To-Exceed proposal from PBS&J under Professional Services Contract 06-3969 to perform a Sea Grass Study on Lower Clam Bay. PREPARED BY: Gary McAlpin, Coastal Zone Management Agenda Item No. 1602 February 27,2007 Page 3 of 11 Clam Bay Seagrass Assessment -Draft Scope of Work and Proposed Budget- Background and Purpose Clam Bay is an important natural feature in Collier County that appears to be experiencing losses in seagrass coverage. Modifications to the Clam Bay system include the construction, in 1958, of Seagate Drive, which severed the previous tidal connections between Clam Pass (to the north) and Doctors Pass (to the south). A series of culverts were put in place in 1976 to alleviate this condition, but it appears that their effectiveness is somewhat limited (Antonini et al. 2002). Recent decades have also been characterized by the rapid urbanization of the Clam Bay watershed. Prior studies in similar lagoonal systems in Southwest Florida suggest that increased urbanization would bring about increased freshwater inflows and substantial increases in nonpoint sources of both nitrogen and phosphorus (i.e., Lemon Bay - Tomasko et aI., 2001). Existing results from ongoing seagrass mapping efforts in Clam Bay (T. Hall, personal communication) suggest that coverage of this important habitat has declined by more than 50 percent between 1994 and 2006. It has also been suggested that a more precipitous decline in coverage occurred between 1991 and 1994. In response to these concerns, the Clam Bay Working Group contacted PBS&J to conduct a study to determine the following: · What is the extent of seagrass resources in Clam Bay? · How has seagrass coverage changed over the recent past? · What are the most likely factors associated with recent declines? · How have freshwater inflow and nutrient loads to Clam Bay changed over time? · What actions might reasonably be expected to allow for recovery of these seagrass resources? · What would be a reasonable timeline and budget for implementing such a recovery plan? This draft scope of work (SOW) and proposed budget has been produced to outline the approach that PBS&J would take to answer these questions. Scope of Work PBS&J would conduct the following scope of work under an agreement with Collier County. 1 Agenda Item No. 1602 February 27, 2007 Page 4 of 11 Task 1 - Kickoff Meeting and Stakeholder Interviews The PBS&J project team (David Tomasko, Ph.D., Emily Hyfield, M.S., Jeff Herr, P.E., Doug Robison, M.S.) will meet with with staff from Collier County to finalize the SOW, and to conduct detailed interviews with the following stakeholders and/or sources of information: . Dave Busier - Seagate . Mike Bauer - City of Naples . John Stieger - Past Natural Resources Manager of the City of Naples . Mac Hatcher - Collier County . Tim Hall - Turrell and Associates . John Domenie - PBSD . Kyle Lukasz - PBSD . Jim Burke - PBSD In addition, PBS&J will review the following information and data sets: . All detailed monitoring reports and testing results performed by Pelican Bay Services Division and lor their consultants. . Collier County aerial photographs . Any and all seagrass data from Clam Bay . Annual reports and raw data collected from Turrell and Associates . Conversancy of SW Florida data on Clam Bay Task 2 - Data Collection on Depth Distribution of Seagrasses and Potential Water Clarity Goals for Clam Bay PBS&J will determine the approximate depth distribution for seagrasses within Clam Bay. For each species encountered, PBS&J will determine depth limits for deep edges, with the term "deep edge" being operationally defined as that area beyond which coverage is less than 10 percent (i.e., Vimstein et al. 2002). A WAS-corrected handheld global positioning system (GPS) and depth probe will be used to develop a minimum of 30 maximum depth distribution determinations. PBS&J will use geographic information systems (GIS) based analysis to determine the presence of any spatial variation in maximum depth distributions. Using the information from the above-described analyses, potential water clarity goals will be developed for the Clam Bay system, using the following logic: . If Clam Bay is similar to most other lagoon and/or estuarine systems in Southwest Florida, the maximum depth of distribution is most likely limited by water clarity . If water clarity measurements are available from Clam Bay in sufficient quantity and quality, it would be possible to determine the minimum light requirement for seagrasses in Clam Bay 2 Agenda Item No. 1602 February 27,2007 Page 5 of 11 · If insufficient water clarity measurements are available, or if data are not entirely usable for any reason, it would then be necessary to use light requirement estimates from similar systems (e.g., Sarasota Bay, Lemon Bay, Estero Bay) to determine the probable relationship between water clarity and seagrass coverage in Clam Bay · If sufficient water quality measurements are available for the parameters of chlorophyll A, color, and turbidity, it will be possible to develop potential water quality goals for these "manageable" water quality parameters · If insufficient data are available for chlorophyll A, color, and turbidity, then relationships between these variables and water clarity derived from similar systems (e.g., Sarasota Bay, Lemon Bay, and Estero Bay) will be used to derive preliminary potential water quality goals for those parameters. Task 3 - Development of Estimated Freshwater and Pollutant Loading Estimates for the Clam Bay Watershed This approach will be constructed in a similar manner as that which has been done for the Lemon Bay watershed (Tomasko et al. 2001, ERD 2003). The Lemon Bay model is a spreadsheet-based pollutant loading assessment. It can be a useful tool for determining the relative impact of different land use / land cover changes on both hydrologic loads and nutrient loads to receiving water bodies. Using estimates of the historical and present day delineations and land use characteristics of the Clam Bay watershed, freshwater inflow volumes and loads of total suspended solids, total nitrogen, and total phosphorus will be derived for the following sources: 1) point sources [if any], 2) nonpoint sources, 3) baseflow [uncontaminated groundwater], 4) septic tanks [if any], and 5) atmospheric deposition. These estimates will be derived to allow for the determination of those factors that are most likely associated with increased environmental degradation of Clam Bay. If possible, pollutant loads will be broken down between the various types of non-point sources (e.g., residential, commercial, etc.). The model will be developed using the best available information on present and historical watershed delineations, historical land cover, soil types, and the most recent land use / land cover estimates. Rainfall data from the closest long-term rainfall gaging station will be used for model development. Results will be presented for hydrologic and nutrient loads by source for a typical dry season, a typical wet season, and a typical year. Task 4 - Development of an "Action Plan" to Address Environmental Stressors Based on information derived from Tasks 1 through 3, PBS&J will develop a list of the major stressors that are affecting Clam Bay. For each stressor, we will also develop a series of options that might be implemented that might be reasonably expected to reduce the impact of that stressor. The usefulness of proposed options for any Action Plan will be affected by considerations of budgets and timelines; we will use available resources to craft options so that they are locally relevant to the issues of Clam Bay. 3 Agenda Item No. 1602 February 27, 2007 Page 7 of 11 Project Schedule A draft final report will be completed within four (4) months of receiving a Notice to Proceed from Collier County. After receiving fmal comments from the peer review process on the draft final report, a fmal report will be completed within two weeks. Compensation To complete this project SOW, PBS&J will be using the services of GIS specialists, environmental scientists, and professional engineers. Travel from PBS&J's Tampa office (where David Tomasko is based) will be needed for a kick-off meeting (to be coordinated with stakeholder interviews), two site visits for field work, and two meetings for presentation of results and other tasks. Reimbursement will be required for two PBS&J staff for the field work, and travel costs will include mileage, meals, and overnight stays. Travel costs will be separately billed as direct cost reimbursements. The project will be invoiced monthly for work completed during the previous month on a percent complete basis itemized for each task. Lump sum fees for each task are listed below. Task Lump Sum Fee Task 1 - Kickoff Meeting and Stakeholder Interviews $3,000 Task 2 - Data Compilation, Field Work and Water Quality $14,000 Goal Development Task 3 - Freshwater and Pollutant Load Model $12,000 Development Task 4 - Action Plan Development and Report $8,000 Preparation Direct Costs for Travel, Copying, & Miscellaneous $3,000 Total Fee $40,000 5 Agenda Item No. 16D2 February 27, 2007 Page 8 of 11 References Antonini, G.A., Fann, D.A., and P. Roat. 2002. A Historical Geography of Southwest Florida Waterways: Volume 2 - Placida Harbor to Marco Island. Florida Sea Grant Publication. ERD, Inc. 2003. Nonpoint Source Model Development and Basin Management Strategies for Lemon Bay. Final Report to: Surface Water Improvement and Management (SWIM) Section, Southwest Florida Water Management District, Tampa, FL. Tomasko, D.A., D.L. Bristol, and lA. Ott. 2001. Assessment of present and future nitrogen loads, water quality, and seagrass (Thalassia testudinum) depth distribution in Lemon Bay, Florida. Estuaries. 24: 926-938. 6 Agenda Item No. 16D2 February 27,2007 Page 9 of 11 January 12,2007 David A. Tomasko, Ph.D., Manager Watershed Science and Assessment Program PBS&J Re: Lower Clam Bay Sea Grass Analysis and Recommendations Dear Dr. Tomasko, Thank you for meeting with the Collier County work group on 1/11/07 relative to the sea grasses in Lower Clam Bay. As I discussed in the meeting, Collier County would like to solicit a Time and Material, Not- To-Exceed professional proposal from PBS&J to perform the fIrst phase of our program. The proposal that we are looking for would: · Perform a four month study in which you would be the principle scientist to determine the most probable reasons why the sea grasses have died off in Lower Clam Bay. · Determine the relationships, if any, between rainfall, runoff, modeled pollutants load, salinity, water quality and water quality within Clam Bay. · Develop a prioritized list of tasks with approximate cost and timing that if enacted would reestablish sea grasses within lower Clam Pay. To accomplish this Collier County will provide the following: · All detailed monitoring reports and testing results performed by Pelican Bay Services Division and lor their consultants. . Collier County Aerials · Historical Sea grass data from Collier County . Annual reports from Turrell and Associates · Conversancy of SW Florida data on Clam Bay obtained by Mike Bauer if available Collier County would expect that during this study period, PBS&J would at a minimum interview the following individuals: . Dave Busier - Seagate . Mike Bauer - City of Naples · John Stieger - Past Natural Resources Manager of the City of Naples · Mac Hatcher - Collier County . Tim Hall - Turrell and Associates . John Domerue - PBSD . Kyle Lukasz - PBSD . Jim Burke - PBSD PBS&J will be expected to supplement data provided by Collier County with limited fIeld testing, data collection and studies. Water quality standards for Clam Bay will be developed during this study period with PBS&J and a small group of staff personnel. Water quality standards will be more subjective following your example of "I'd like to see my feet when I'm wading to my waist in Clam Bay". I would appreciate your proposal by 1/25/2007. A review meeting with the Chairman of the BCC and Our County Manager is set for 1/30/07. Gary McAlpin Agenda Item No. 16D2 February 27,2007 Page 10 of 11 Item Number: Item Summary: Meeting Date: Agenda Item No. 1602 February 27, 2007 Page 11 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1602 Recommend Approval of a $40,000 Time & Material, Not- To~Exceed Professional Services proposal from PBS&J to have Dr David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying die-off factors, contributIng relationships and outlining mitigation strategies and costs. 2/27/200790000 AM Date Prepared By Gary McAlpin Public Services Costa! Project Manager Coastal Zone Management 2114/20079:30:41 AM Date Approved By Gary McAlpin Public Services Costal Project Manager Coastal Zone Management 2/15/200710:29 AM Date Approved By Marla Rams.ey Public Services Public Services Administrator Public Services Admin. 2115/200710:59 AM Date Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing 2/15/2007 11 :5B AM Date Approved By Colleen Greene County Attorney Assistant County Attomer County Attorney Office 2/15/200712:30 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2115/20073:16 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 2116/200712:49 PM Dale Approved By MichZlel Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/2007 1 :33 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/19/20073:14 PM Agenda Item No. 16E 1 February 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve the sale of surplus assets from the North County Water Reclamation Facility project. OBJECTIVE: To obtain approval from the Board of County Commissioners to sell surplus assets from the North County Water Reclamation Facility project. CONSIDERATIONS: Public Utilities has declared the attached list of items as no longer having a useful business purpose for Collier County. The Purchasing Department has made these items available to other County departments for at least two weeks, and has declared the list of items as having commercial re-sale value. The current estimated value of these items is: $90,000. The auction will be conducted by Public Surplus, an Internet company specializing in the sale of government surplus property. From the date of the sale (March 12, 2007), the buyer will have five (5) days to remit payment and ten (10) days to remove the surplus property. Approval of this sale is being requested in advance to meet this aggressive time frame. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The auctioneer's commission will be paid from the gross profit of the sales. Staff estimates that if the listed items are sold publicly, they would generate net revenues of approximately $80,000. Revenue will be deposited in County Water/Sewer Fund 408. RECOMMENDATION: That the Board of County Commissioners allows the sale of the attached list of surplus items. PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Item Number: Item Summary: Meeting Date: Agenda Item No. 16E1 February 27, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 Recommendation to approve the sale of surplus assets from the North County Water Reclamation Facility project. 2127/20079:0000 AM Date Prepared By Joanne Markiewicz Administrative Services Operations Manager Purchasing 215120073:2':52 PM Date Approved By Steve. Carnell Administrative Services Purchasing/General Svcs Director Purchasing 2/'51200711:36AM Date Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. 2/15/20072:25 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/16/20077:37 AM Date Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget 2116120079:56 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 21'6/2007 4:51 PM Date Approved By James V. Mudd Board of County Comm issioners County Manager County Manager's Office 21'912007 2:42 PM Agenda Item No. 16E1 February 27, 2007 Page 3 of 6 North County Water Reclamation Facility Surplus Materials (1) Item Description Size Material Length No. of pieces No. 1. Pipe 60 inch diameter Ductile Iron 19ft.6in. 1 2. Pipe 50 inch diameter Ductile Iron 19 ft. 6 in. 1 3. Pipe 48 inch diameter Ductile Iron 20 feet and 2 8 feet 4. Pipe 36 inch diameter Ductile Iron 15 ft. 9 in. 1 20 feet 3 8 feet 1 1 7 feet 1 5. Pipe 30 inch diameter Ductile Iron 20 feet 6 18 feet 7 in 1 16 feet 1 14 feet 2 15 feet 6 in 1 8 feet 9.5 in 1 6 feet 7.5 in 1 6. Pipe 24 inch diameter Ductile Iron 20 feet 6 15 feet 7 in 1 7. Pipe 20 inch diameter Ductile Iron 20 feet 1 8. Pipe 18 inch diameter Ductile Iron 20 feet 8 12 feet 7 in. 1 9. Pipe 12 inch diameter Ductile Iron 18 feet 6 in. 1 17 feet 1 10. Pipe 8 inch diameter Ductile Iron 15 feet 1 18 feet 6 in. 9 11. Pipe 6 inch diameter Ductile Iron 1 8 feet 6 in. 10 12. Flanged 16 inch diameter Ductile Iron 5 feet 7 in. 1 Pipe 13. Pipe 20 inch diameter PVC 20 feet 3 16 feet 1 14. Pipe 8 inch PVC 20 feet 1 15. Cross 18 inch Ductile Iron 1 16. 1n~0 30 inch Ductile Iron 2 elbow 17. 2212 0 30 inch Ductile Iron 3 elbow 18. 450 elbow 30 inch Ductile Iron 1 19. 450 elbow 36 inch Ductile Iron 3 20. 450 elbow 24 inch Ductile Iron 2 21. Tee 24 inch Ductile Iron 2 22. Tee 18 inch Ductile Iron 2 23. 22120 18 inch Ductile Iron 3 elbow 24. Reducer 24 X 12 inch Ductile Iron 2 25. Reducer 24 X 18 inch Ductile Iron 2 26. Sleeve 30 inch Ductile Iron 1 27. 450 elbow 24 inch Ductile Iron 3 28. 450 elbow 42 inch Ductile Iron 1 29. Sleeve 24 inch Ductile Iron 1 30. Sleeve 42 inch Ductile Iron 1 31. Sleeve 16 inch Ductile Iron 1 32. Sleeve 48 inch Ductile Iron 1 NCWRFDisU 1 Agenda Item No. 16E 1 February 27,2007 Page 4 of 6 33. 900 elbow 12 inch Ductile Iron 3 34. Check 4 inch Steel 1 Valve 35. Cross 6 inch Ductile Iron 1 36. Wye 4 inch Ductile Iron 8 37. Tee 12 X 8 inch Ductile Iron 1 38. 450 elbow 18 inch Ductile Iron 2 39. 22%0 6 inch Ductile Iron 1 elbow 40. Pipe 36 inch Concrete 8 feet 2 41. Pipe 18 inch Concrete 8 feet 14 42. Pipe 24 inch Concrete 8 feet 1 43. Pipe 30 inch Concrete 8 feet 1 44. Pipe 12 inch Concrete 8 feet 2 NCWRFDisU 2 Agenda Item No. 16E1 February 27, 2007 Page 5 of 6 North County Water Reclamation Facility - Plant Surplus Item No. Description Size Material Lenqth No. of pieces 1. Screw 8 inch Stainless Steel 8 feet 1 2. Hydraulic ram Varies Steel Approx. 30 1 feet 3. Vertical Pumps 12 inch Steel 11 feet 8 4 diameter inches 4. Vertical Pumps 6 inch Steel 10 feet 2 with motors diameter 5. Bollards 8 inch Steel and Approx. 6 diameter concrete 7 feet 6. Homelite gas 3 inch, Steel 2 powered centrifugal 5 HP County pump Property No. 891160 & 930169 7. Gas powered Steel 2 diaphragm pump County Property No. 920332 8. Sew Eurodrive 1 Gear Reducer 9. Electric Motor 60 HP 1 10. Electric Motor with 5 HP 2 gear reducer 11. Reliance electric 10 HP 1 motor 12. Electric motor Y:z HP 1 13. Yard Machine lawn 3.8 HP 1 mower 14. Lawn Mowers - 3 parts missinq 15. Electrical panels Steel 2 with breakers 16. Galvanized pipe Steel 2 saddles 17. Electric Valve Steel 7 feet 1 Actuator with stem casing 18. Conveyor Steel 1 19. Troy Bilt 6 HP 1 Trimmer/Mower 20. Various sizes of Galvanized steel 6 feet 5 6 fencing inches X 7 feet 8 inches And 1 gate 1 In bad shapee 21. 900 elbow with 4 inch Ductile Iron 2 4X2 inch reducer attached 22. Flanged pipe 6 inch Ductile Iron 3 feet 4 Y:z 1 inches New RFPlantSurplus 1 Agenda Item No. 16E1 February 27,2007 Page 6 of 6 23. Wooden crate with Various PVC 1 Crate pipe and fittings sizes inside 24. Broken skid Plastic 1 mounted odor control unit 25. Pipe 15 inch PVC 20 feet 1 Diameter 26. Pipe 6 inch PVC 20 feet 2 Diameter 27. Crate of flexible 2 and 4 Rubber Varies 1 hoses with male inch and female cam lock fittinas 28. Wooden Pallets varies 8 29. Steel reel with 1 inch PVC Approx. 1 cranae hose 200 feet 30. Steel reel with 1 inch PVC Approx. 2 oranqe ribbed hose 200 feet 31. Box 4 feet X 4 Concrete 1 feet 32. Base with Pipe Base - 1 Concrete 5 feet 1 Support ft. X 3 ft. X 52 in. Support - 1 ft. thick 33. Pipe support Concrete and 6 feet 5 1 qalvanized steel inches 34. Stairs with supports Aluminum 8 feet and bracina 35. Pipe Collar 3 feet Concrete 1 36. Slab 7 feet X 7 Concrete 1 feet with 30 inch hole 37. Roller Diesel Steel 1 engine powered 38. Box 5 feet X 3 Concrete 1 feet 6 inches 39. Slab 4 feet X 4 Concrete 1 feet with 2 feet X 2 feet X 18 inch riser New RFPlantSurplus 2 Agenda Item No. 16E2 February 27,2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to authorize the sale of Collier County property on March 24, 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to authorize a sale of Collier County property on March 24, 2007. CONSIDERATIONS: County departments have declared Attachment A - Collier County Surplus Sale Items as no longer having a useful business purpose. The items on Attachment A have been offered for transfer to other departments prior to the auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to March 24, 2007 auction, staff is requesting permission to dispose of additional surplus items that may be received subsequent to the preparation of this Executive Summary at the March auction. Staff is also requesting approval to accommodate requests for donations received from other government entities or a legitimate Florida Non Profit 501 (C) (3) organization prior to the auction. All items sold, or donated, and their realized values will be reported in a follow-up Executive Summary. .",,'- Collier County is currently under contract with a full service auctioneer, Atkinson Realty & Auction, Inc., to provide services to include preparation for the event, sale and disposal of all Collier County owned property, and transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statutes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The auctioneer commission and miscellaneous auction expenses are paid from the auction sale revenue; net sales revenues are returned to the general fund or enterprise fund that paid for the acquisition of the asset. RECOMMENDATION: That the Board of County Commissioners approves the sale of Collier County property on March 24, 2007. PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department .-- Item Number: Item Summary: Meeting Date: Agenda 11em No. 16E2 February 27, 2007 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 To obtain approval from the Board of County Commissioners to authorize a sale of Collier County surplus property on March 24, 2007 2/27/20079:00.00 AM Date Prepared By Joanne Markiewicz Administrative Services Operations Manager Purchasing 215120073:08:13 PM Date Approved By Steve Carnell Admi nistrative Services Purchasing/General Svcs Director Purchasing 2/12/2007 1 :57 PM Date Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin, 2/15/20072:16 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/16/20077:38 AM Date Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 2/16120073:06 PM Date Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget 2/16/20074:47 PM Date Approved By James V. 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N W u.. I- u.. <Xl o "- CD ~ I > '" ..J "- '" W >:: o u.. ~ ... N o ;;;: I I o Z > I 0 0 <Xl ~ (fJ ..J <( Z 0 0 0 L() L() ~ N '" W W Z 0 0 c:: c:: c:: w 0 0 I- u.. u.. Z CD "- "- '" '" <Xl '" '" '" ~ 0:: 0 ~ UJ N ~ L() (.? '" ... '" Z '" N UJ '" UJ CD N '" L() ~ III N l/l ~ ;:) ~ U 0.. :;: . L() N on ... N N co "- 0 Z 0 l/l 0 0 ~ 0 ;:) 0 CD "- '" '" '" III '" Agenda Item No. 16E3 February 27,2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, alkla "FAIR" in an annual amount not to exceed $75,000. OBJECTIVE: To obtain approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group. Fighting Against Insurance Rates, alkJa "FAIR" in an annual amount not to exceed $75,000. CONSIDERATION: In response to the property insurance crisis facing the citizens of the State of Florida and Collier County, the grassroots group, "Fighting Against Insurance Rates", aIkIa "FAIR" has been working with community and state leaders to address the cost of property insurance coverage. The mission of FAIR is patterned after another grassroots group "FIRM" (Fair Insurance Rates for Monroe), which was successful in lowering the rates charged by Citizens Insurance Company in Monroe County. On January 11, 2007, FAIR approached the Board of Commissioners to request financial assistance for the purpose of hiring an actuary and an attorney to assist in their efforts. FAIR requested that the Board enter into an agreement directly with the selected actuary and attorney in support of FAIR's overall objective that this be a community wide grassroots campaign. Given the success of the Monroe County effort, the Board voted to waive the Purchasing Policy and directed staff to negotiate a contract with the same actuarial and legal firms that provided services to FIRM. Finally, in accordance with the special session of the Florida Legislature regarding property insurance, the Board directed that the actuary and attorney support FAIR in analyzing the state legislation and its effect on Collier County as well as identifying other potential solutions to the property insurance crisis. Subsequently, the Risk Management Director and Purchasing staff made contact with Allan Schwartz of the firm, AIS Risk Consultants and a standard Agreement has been negotiated. The scope of services includes but is not limited to the following: .- · Gathering relevant exposure data and information. · Reviewing insurance company filings with particular attention to Collier County. · Preparing a filing for Collier County for homeowners and I or other lines of insurance. · Evaluating regulatory and legislative issues and proposals. · Providing assistance in presenting information to the Office of Insurance Regulation, the Florida Legislature and other entities. Staff will coordinate with FAIR, AIS Risk Consultants, and legal staff to identify specific work plan objectives to be pursued in support of FAIR's efforts. FAIR and staff will report back to the Board periodically as to the progress of these efforts. Agenda Item No. 16E3 February 27,2007 Page 2 of 11 FISCAL IMPACT: FAIR received a proposal from AIS Risk Consultants in November, 2006 to perform actuarial work for an estimated annual amount of $75,000. The type of work anticipated in the Agreement is intended to benefit the entire community and therefore, maximum annual fees not to exceed $75,000 will be paid from Fund 001, General Fund Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Due to the specialized background and experience of the proposed vendor in examining insurance rating factors; rate submissions; and interacting with the Florida Office of Insurance Regulation, it is recommended that the Board waive the competitive threshold of the Purchasing Policy and approve an Agreement with AIS Risk Consultants, Inc., to provide actuarial support services to the group, Fighting Against Insurance Rates, aIkIa "FAIR" in an annual amount not to exceed $75,000 subject to the approval for legal sufficiency by the County Attorney. It is also recommended that the Board approve an amendment to the General Fund budget in the amount of $75,000 to fund the cost of these services. PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management Department Item Number: Item Summary: Meeting Dale: Agenda Item No. 16E3 February 27, 2007 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISStONERS 16E3 Approval of an Agreement between the Board of Commissioners and AIS RIsk. Consultants, Inc. to provide actuarial support services to the group, Fighting Agamst Insurance Rates, a/kla FAIR In an annual amount not to exceed $75000. 2/27/200790000 AM Prepared By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Direc10r Date Risk Management 1/29/20074:03:00 PM App roved By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Date Risk Management 1/29120074:05 PM Date Approved By Linda Best Administrative SelVices Contracts Agent Purchasing 2114/20074:26 PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 2/16/2007 10:26 AM Date App roved By Len GoJden Price Administrative Services Administrative Services Administrator Administrative Services Admin. 211&/200710:39 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office ot Management & Budget 2/2012007 9:34 AM Date Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget 2120/2007 5:07 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/20/2007 7:00 PM Agenda Item No. 16E3 February 27, 2007 Page 4 of 11 AGREEMENT for Actuarial Consulting Services for Windstorm Insurance THIS AGREEMENT, made and entered into on this 27th day of February 2007, by and between AIS Risk Consultants, Inc., authorized to do business in the State of Florida, whose business address is: 4400 Route 9 5., Suite 1200, Freehold, New Jersey, 07728, hereinafter called the (or "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the IICountyll: WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Risk Management Director or his designee. The Contract shall be for a one (1) year period, commencing on February 19, 2007 and terminating on February 18, 2008. The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide professional services which shall include, but not be limited to an actuarial study of Windstorm Insurance as it affects the residents of Collier County as per Exhibit A, Scope of Services, hereto attached and made an integral part of this agreement. Additional services, if required, shall be mutually agreed upon by the Consultant and the Risk Management Director or his designee in the form of a written change order. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of seventy five thousand ($75,000) dollars. Hourly billing rates are in accordance with Exhibit B, Hourly Rates, hereto attached and made an integral part of this agreement. Payments shall be made to the Consultant not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.5. otherwise known as the "Florida Prompt Payment Act". 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Page 1 of8 Agenda Item No. 16E3 February 27, 2007 Page 5 of 11 AIS Risk Consultants 4400 Route 9 South, Suite 1200 Freehold, New Jersey 07728 Attention: Mr. Allan I. Schwartz Fax: 732-780-2706 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell Fax: 239-732-0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to Page 2 of8 Agenda Item No. 16E3 February 27, 2007 Page 6 of 11 suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $100,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employerst Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy . Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of8 Agenda Item No. 16E3 February 27,2007 Page 7 of 11 Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the 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 Consultant or anyone employed or utilized by the 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. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Department. 13. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal; Exhibit A, Scope of Services for AIS Consultants, Inc.; Exhibit B, Hourly Rates; and Insurance Certificate. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Page 4 of 8 Agenda Item No. 16E3 February 27,2007 Page 8 of 11 Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 5 of8 Agenda Item No. 16E3 February 27, 2007 Page 9 of 11 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. A TIEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: J ames Coletta, Chairman Dated: (SEAL) ASI Risk Consultants By: First Witness Allan I. Schwartz Type/ print witness name Second Witness Typed signature and title Type/ print witness name Approved as to form and legal sufficiency: Assistant County Attorney Print Name Page 6 of8 Agenda Item No. 16E3 February 27,2007 Page 10 of 11 Exhibit A Scope of Services for AIS Risk Consultants, Inc. The scope of services is for AIS Risk Consultants, Inc. to work on various projects related to insurance under the direction of the Risk Management Department of Collier County. These projects may include, but are not limited to, the following: . Gathering relevant information. . Reviewing insurance company filings with particular attention to Collier County. . Preparing a filing for Collier County for homeowners and / or other lines of insurance. . Evaluating regulatory and legislative issues and proposals. . Providing assistance in presenting information to the Office of Insurance Regulation, the Florida Legislature and other entities. Page 7 of 8 Agenda Item No. 16E3 February 27,2007 Page 11 of 11 Exhibit B Hourly Rates AIS Risk Consultants, Inc. The following named individuals will perform the services at the following billing rates: Name Rate A. Schwartz $350.00jhr. R. Boer $275.00jhr. K. Tollar $175.00jhr. M. Dwyer $175.00jhr. Page 8 of8 Agenda Item No. 16E4 February 27,2007 Page 1 of 39 .-- EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 06. OBJECTIVE: To receive approval from the Board of Commissioners for Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the fourth quarter of FY 06. CONSIDERATIONS: Resolution 04-15 grants limited authority to the Risk Management Director to settle certain damage claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: _. Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000 Operations Non-litigated claims less than $75,000. Property Damage Liability Claims- (Note- A $75,000 Iimff. is sought due to high Premises. Auto. Operations valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability. Non-litigated claims less than $50,000 Employment Practices Liability Property Losses to County Owned Full authority Property Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non-litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. Closed claims are also subject to review by the external auditor. A listing of claims closed during the fourth quarter of FY 06 is attached. The report includes those claims and/or settlements previously approved by the Board of Commissioners. - Agenda Item No. 16E4 February 27, 2007 Page 2 of 39 A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920 (Property and Casualty Self Insurance Fund) and 518-121630-645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Director, Risk Management Department. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Agenda Item No. 16E4 February 27, 2007 Page 3 of 39 Report and ratify Property, Casually, Workers Compensation and Subrogation Claims settled and/or closed by the RISk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 06 2/27/20079:00:00 AM Prepared By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Risk Management Date 2/14/20072:18:35 PM Approved By Jeffrey A. 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"C Ol(/) "S E ~"E E m Q,).c :e-g ~ CO o N CO ...... C') o CO N ...... V 0 , 0 C') 0 C') 0 Agenda Item No. 16E5 February 27, 2007 Page 1 of 18 EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 07. OBJECTIVE: To receive approval from the Board of Commissioners for Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the first quarter of FY 07. CONSIDERATIONS: Resolution 04-15 grants limited authority to the Risk Management Director to settle certain damage claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: Claim Type Deleaated Authority Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000 Operations Non-litigated claims less than $75,000. Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high Premises, Auto, Operations valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Non-litigated claims less than $50,000 Employment Practices Liability Property Losses to County Owned Full authority Property Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non-litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. Closed claims are also subject to review by the external auditor. A listing of claims closed during the first quarter of FY 07 is attached. The report includes those claims and/or settlements previously approved by the Board of Commissioners. ,......... Agenda Item No. 16E5 February 27, 2007 Page 2 of 18 A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920 (Property and Casualty Self Insurance Fund) and 518-121630-645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Director, Risk Management Department. ;........ Item Number: Item Summary: Meeting Date: Aqenda Item No. 16E5 . Februarv 27. 2007 Page 3 of 1 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E5 Report and ratify Property Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 07 2127120079.0000 AM Prepared By Jeffrey A, Walker. CPCU. ARM Administrative Services Risk Management Director Date Risk Management 1/30120079:46:15 AM Approved By Jeffrey A. Walker, CPCU. ARM Administrative Services Risk Management Director Date Risk Management 1/30120079:46 AM Steve Carnell Date Approved By Administrative Services Purchasing/General S\fCS Director Purchasing 2/1/2007 1 :51 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 2/1/20074:14 PM Date Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 211/2007 4:59 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/2120074:36 PM Date Approved By James V. 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Nv 00 -- -- coco 00 iJJu: (/)(/) co ~ co C") 1.0_ v .... ~ Q.l Q.l - Q.l ,~ 1ii '- iil '2 'E "C co C co Q.l "0 ::J U C >- Cll E "0 Q.l > 'a; U ~ CJl 1: ::J o E < . v .... o o 1.0 o N ~ lIJ ..J < l- e I- EXECUTIVE SUMMARY Agenda Item No, 16E6 February 27, 2007 Page 1 of 2 ,-' Recommendation to approve a budget amendment for on-site grant training in the amount of $15,500 OBJECTIVE: To establish budget appropriations for costs associated with grant training for Collier County staff. CONSIDERATIONS: In response to numerous requests for training relative to grant writing and administration, the Grants Coordinator has made arrangements for four days of on-site staff training. A similar three-day training was offered in 2006 and provided training for 28 participants. Topics to be addressed in the contracted training program include the following: pre-award grant process, effective partnering, grant research techniques, strategic grant selection, grant writing, effective techniques to account for expenditure of funds, tips for site visits, basics of the single audit process, key components of programmatic and business management systems, etc. Costs of the training will be charged to the Grant Administration cost center with reimbursement revenue from program participants. By offering the training on-site, costs of participant travel, lodging and per diem will be avoided. Since the average cost per four-day grant course can easily run close to $1,500 including out of town lodging, travel and per diem, the per person cost of $620 for this on-site course will allow significant savings and will be a more convenient way of ensuring necessary training for grant administrators. Pending interest and participation, staff will develop a plan to offer this program annually and make it part of the Grants Acquisition budget on a permanent basis. - GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, FISCAL IMPACT: Grant training will cost $19,500 for contracted personnel to administer the course for County staff. The Grants Coordinator has budgeted $4,000 to supplement the cost of the course, There will be 25 participants with a unit cost of $620. To simplify billing, all costs will be initially charged to the Grant Administration cost center with offsetting reimbursement revenue from the cost centers of training participants, RECOMMENDATION: That the Board of County Commissioners approve a $15,500 budget amendment establishing budget appropriations for grant training. Prepared by: Marlene Foord, Grants Coordinator, Administrative Services ,- Agenda Item No, 16E6 February 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 15E6 Recommenoation to approve a budget amendment for on-site grant tralnlr,g In the amount of $15500 Meeting Date: 2/27/2007800 00 ,AM Prepa red By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 2/15/2007 11 :40:29 AM At>t>roved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 2/15/20072:33 PM At>t>roved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/16/2007 7:41 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/16/20079:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2116/20079:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/16/200712:51 PM Agenda Item No. 16F1 February 27,2007 Page 1 of 3 EXECUTIVE SUMMARY Authorization to Remove $570,992.54 from the Accounts Receivable Control Account and a Like Amount from the Allowance for Doubtful Accounts Control Account in the Emergency Medical Services Funds' General Ledger for the Time Period of October 1, 2003 through September 30, 2005. OBJECTIVE: Obtain authorization to remove $570,992.54 from the Accounts Receivable control account and a like amount from the Allowance for Doubtful Accounts control account in the Emergency Medical Services Fund's General Ledger. This amount is the accumulation of uncollectible debts from October 1, 2003 through September 30, 2005. CONSIDERA nONS: Collier County began providing emergency ambulance transportation services in 1981. Unlike the majority of govemmental services provided by the County, where fees are received before services are provided, emergency ambulance services are provided upfront and fees are charged after the fact. This "service before fee" approach is primarily due to the County's responsibility to protect the public health, safety and welfare. ",-.... Bad debt or un-collectible accounts are determined by a variety of reasons including patients that cannot be located, individuals who refuse to payor cannot pay for services, patients who die with no assets, transients, migrants and bankruptcies. EMS collection practices are stringent and involve turning accounts over to a private collection agency after in-house procedures have been exhausted. In addition to actual bad debt expense as identified above, EMS has account adjustments each year as a result of Medicare assignment limits on the amount that can be collected for services, Medicaid Statutory limits, and victim rights statutory adjustments. These contractual adjustments are made on a monthly basis in accordance with Section Four of Resolution 2006-222. The following table identifies the portion of the Allowance for Bad Debt and the recorded Accounts Receivable, which is not collectible. These amounts have been recognized and recorded as Bad Debt Expenses from October 1, 2003 to September 30, 2005. Bad Debt Summary Fiscal Year Deceased wino Estate Homeless Patients wlo information "John Does" Total Bad Debt 2004 2005 ,,- 55,382 67,414 122,796 90,195 97,325 187,520 83,561 177,115 260,676 229,138 341,854 570,992 Agenda Item No. 16F1 February 27,2007 Page 2 of 3 For information purposes, the following table identifies contractual adjustments made during the period of October 1, 2003 to September 30,2005: Contractual Write-off Summary Total Contractual Fiscal MedicarelHospital Medicaid Billing Social and Other Statutory Year Adjustments Adjustments Adjustments Services Adj. Adjustments 2004 1,682,848 373,104 56,884 2,608 2,115,444 2005 3,168,956 1,084,200 58,655 30,730 4,342,541 4,851,804 1,457,304 115,539 33,338 6,457,985 This request for authorization to remove 783 accounts with a dollar amount of $570,992 covers the bad debt (uncollectible accounts) recognized from October 1, 2003 through the end of fiscal year 2005 (September 30, 2005). The contractual adjustments as identified above require no further action. Chapter 691 -71, Florida Administrative Code allows the Board to adjust accounts receivable for less that the full amount if the accounts have not been reported to the Department of Banking and Finance for disposition. These accounts have not been reported to the Department of Banking and Finance. County Ordinance 96-36 provides for removing these accounts from the Board's Emergency Medical Services Fund General Ledger. Computer printouts listing the accounts to be removed are on file in the Office of Emergency Medical Services and the Clerk's Board Minutes and Records Department. Any of these accounts for which a payment might be received and processed in the future will be reactivated and processed through the Board's accounting system. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. FISCAL IMPACT: There is no direct fiscal or budgetary impact. The accounts and amounts to be removed from the General Ledger have been recognized as bad debt in prior years. RECOMMENDATION: Authorize staff to remove $570,992.54 representing 783 individual accounts from the Board's Emergency Medical Services Fund General Ledger control account for Accounts Receivable. A like amount will be removed from the Allowance for Doubtful Accounts General Ledger control account. PREPARED BY: Services. Sheree Mediavilla, Operations Analyst, Emergency Medical ,..-.... Item Number: Item Summary: Meeting Oate: Agenda Item No. 16F1 February 27. 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Recommendation to authorize the removal of $570.992.54 from the F.ccounts Receivable Control Account and a like amount from the Aliowance for Doubtful Accounts Control Account In tile Emergency Medical Services Funds General Ledger for the time penod of October 1, 2003 through September 30, 2005 2/27/2007 9 00 00 AM Date Prepared By Sheree MediaviHa Administrative Services Risk Manager Risk Management 2/5/2007 1 :07:06 PM Date Approved By Jeff Page Bureau of Emergency Services EMS Chief EMS 215/2007 1 :44 PM Date Approved By Dan E. Summers County Manager's Office Bureau of Emergcncy Services Director Bureau of Emergency Services 2/5/20076:11 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 211312007 2: 17 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/16/2007 12:46 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2116/20072:16 PM Agenda Item No, 16F2 February 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and Moorings Presbyterian Church OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and Moorings Presbyterian Church. CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its Emergency Management Department, provides coordination of emergency services within Collier County. Collier County also coordinates the administration of relief activities of both public and private relief/disaster organizations that agree to volunteer their services under direction or guidance of Collier County authorities. Collier County may also utilize personnel and facilities of reliefi'disaster assistance of organizations, Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other items for temporary relief activities, The purpose of the Memorandum of Understanding is to set forth, define, and establish mutual agreements, understandings, guidelines, and obligations between Collier County and Moorings Presbyterian Church to coordinate relief efforts at the time of a disaster. . GROWTH MANAGEMENT: There is no Growth Impact with this Executive Summary. FISCAL IMPACT: There is no Fiscal Impact. RECOMMENDATIONS: That the Board approve the MOU's between the Collier County Board of County Commissioners, through its Emergency Management Department and the multiple public/private organizations in Collier County which have volunteered to partner with Emergency Management during both a Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager ",..-...~ Memorandum of Understanding Between Collier County Board. of Commissioners And Moorings Presbyterian Church Agenda Item No. 16F2 February 27,2007 Page 2 of 6 ,- I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define and establish mutual agreements, understandings, and obligations by and between The Collier County Board of County Commissioners, through its Emergency Management Department, and Moorings Presbyterian Church. n. Statement of Basic Responsibilities: A. The Collier County Board of County Commissioners, through its Emergency Management Department. provides coordination of emergency services with Collier County. including incorporated areas, This includes the selection and utilization of various resources and organizations capable of rendering assistance. Under Chapter 252 of the Florida Statutes. The Collier County Board of County Commissioners, through its Emergency Management Department, also coordinates the administration of relief activities of both public and private relief or disaster assistance organizations that agree to volunteer their services under the direction or guidance of Collier County authorities. In addition, Collier County may utilize personnel and facilities of relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines and/or other items and temporary sheltering as part of the restoration, rehabilitation or reconstruction of community services and essential facilities whenever Collier County authorities deem it necessary. B. Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in hannony with local governments and private relief agencies, Moorings Presbyterian Church wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. In. Coordination of Effort: Cooperation and coordination between Collier County Government, through its Emergency Management Department, and Moorings Presbyterian Church at a time of major disaster and during the post-disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Moorings Presbyterian Church works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group. and will make a continuing effort to acquaint its members with this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. CJ I~ Page 1 of 4 c Cl , c .J It n ,'" Agenda Item No, 16F2 February 27. 2007 Page 3 of 6 IV. Responsibilities: A. Collier County Emergency Management Department agrees to the following: 1. Notify Moorings Presbyterian Church of the potential need to assist in activities following a disaster; and 2. Participate in and develop training in disaster response for the members of Moorings Presbyterian Church; and 3. Assist in the development plans for Moorings Presbyterian Church; and 4. Schedule periodic meetings andlor exercises to familiarize members of disaster preparedness or recovery initiatives; and 5, Utilize, when and as appropriate, the services of Moorings Presbyterian Church for disaster relief and recovery projects; and 6. Collier County agrees to be responsible, to the extent provided under Florida Statues 768.28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. 7. Collier County agrees that it will indemnify and hold harmless Moorings Presbyterian Church, its members, employees, and officers, from and against any and all cost, expense, settlements or judgments, including attorney fees, resulting from claims for damages arising out of occupancy and use of the facility by Collier County pursuant to this agreement. However, this indemnity shall not apply to any damages resulting from negligence of Moorings Presbyterian Church. B. Moorings Presbyterian Church agrees to: 1, Provide facilities and/or staff to Collier County at no charge during the disaster recovery period; and 2, Provide a 24 hour contact person and alternates; and 3. Provide a representative to attend periodic meetings of the Collier Emergency Response Volunteer (CERV) Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update of facility and manpower capabilities at least annually prior to June of each year. C. Both of the above named parties agreed to the following: 1. No modifications or changes will be made to the facility/property by the Collier County Representative without the express written approval of the owner/operator; and 2. Prior to occupancy, representatives of both parties will inspect the facility/property and will note any discrepancies on the inspection form, and/or this agreement. Normal wear and tear is considered to be the responsibility of the organization/owner/operator; and .. (~~ Page 2 of 4 c e c ., H PI ,l' , L ,- Agenda Item No. 16F2 February 27, 2007 . Page 4 of 6 3. The facility/property will be returned to the organization / owner I operator in the same condition as it was when occupied/acquired. c II f~~ 0 Page 3 of 4 ... c ., H f1 J " ~ , . _ Agenda Item No, 16F2 February 27, 2007 Page 5 of 6 V. Effective Date: This Agreement presents general and some specific guidelines by which Collier County, through its Emergency Management Department, will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. The provisions of the Agreement will be effective from the date signed. Both parties have the authority to amend provisions of this Memorandum of Understanding upon mutual consent. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Frank Halas, Chairman Moorings Presbyterian Church By: ar~ ~ ~..... /II/;/u(, ~L G. r;;. )cr Typed or Printed Name Second Witness: fO~~ 0~ SignaturelDate {y ~/ ()~ Q~~ G-~W\-~~ Typed or Printed Name CH,e,{STVu~ r6 A-(~Y Typed or Printed Name Approved as to form and legal sufficiency: ~~::' Ii f~~ c Page 4 of 4 c , c Il M pt t ,~. Aqenda Item No, 16F2 " February 27, 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F2 Meeting Dale: Recommendation to approve an Emergency Services Memorandum of Understanding between Collier County and Moorings Presbyterian Church 2127/200790000 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 2/15/2007 4:05 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/20/2007 1 :40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/20/2007 2:49 PM Agenda Item No. 16F3 February 27,2007 Page 1 of 4 APPROVAL OF BUDGET AMENDMENTS Bee Agenda of February 27, 2007 Water Sewer District (408) Budget Amendment #07-186 Operating Expenses Operations Center $13,400 Reserves Reserve for Contingencies ($13,400 ) -0- Total Explanation: Funds are required to complete the repairs of the offices of the Utility Billing and Customer Service Department that was caused when water penetrated the walls causing a mold growth in several offices, This was unanticipated expense; therefore funding is being requested from the reserve account. The Facilities Department and Risk Management are following this to identify any possible reimbursable claims, Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 ~~:'~~ctr~,I.~I~. JE#..,...........,..,............... BAR#",....,.,..,.....,...,.".... A.P,H. Date...............,...,... Agend~..mr~3 F~!~~ 27,2007 Pa ? f.1 ~~@~D\TI~\M !~U FEB 9 2007 ~ BUDGET AMENDMENT REQUEST 408 Fund Number Collier County Wat Fund Description Date Prepared: February 4,2007 Approved byBCC on: nla ~~Ol (Provide the Fund Center or WBS element infonnation; it is not roouired to orovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 210106 n/a ~ 3'1119 Other Contractual 13,400 5,000 18,400 Services (Provide the Fund Center or WBS element information; it is not reouired to nrovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Budl!et 919010 n/a 991000 Reserve for Contingency (13,400) 3,664,000 3,650,600 (ProVide e Fun Center or WBS e ement infonnatton; it is not reauired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item DescriDtion (Decrease) Bud2et Budl!et I Fund Center Title: WBS Element Title: Fund Center Title: WBS Element Title: Fund Center Title: WBS Element Title: 'th d Attach Executive Summary Item No.: n/a Expense Budget Detail Operations Center n/a Fd Ctr No.: 408 0210 JO~ WBS No.: n/a Net Change to Budget 13,400 Expense Budget Detail Fd Ctr No,: qJq 0 10 WBS No.: n/a Reserves n/a Net Change to Budget (13,400) Expense Budget Detail Fd Ctr No.: WBS No.: Net Change to Budget Aqenda Item No, 16F3 - February 27, 2007 Page 3 of 4 Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not rcauircd to provide both,) Fund WBS ! Commit Commitment Item I Increase Current Revised Center Element Item Description i (Decrease) Bud2et Bud2et I Net Change to Budget EXPLANA TION Why are funds needed? Funds are required to complete the repairs of the offices of the Utility Billing and Customer Service Department that was caused when water penetrated the walls causing a mold growth in several offices. This was unanticipated expense; therefore funding is being requested fr?1P- the Reserve ~~~~.:tol\L~~t;~-a Where are funds available? Funds are available within the Water-Sewer District Reserves fund. REVIEW PROCESS t~\~ Cost Center Director: Division Administrator: Finance De artment: Clerk of Board Admin.: Agenda Item No. 16F3 February 27, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meellng Date: 16F3 Approve Budget Amendments 2/27/200790000 AM Approved By OMS Coordinator Administrative AssIstant Date County Manager's Office Office of Management & Budget 2/16/20078:53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/16/2007 9:09 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 2/16/200711 :18 AM Agenda Item No, 16G1 February 27,2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation for the CRA Board to approve the lease of additional office space for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments OBJECTIVE: To approve the lease of additional office space for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments. BACKGROUND: On July 25, 2006 the CRA approved an office space lease for the operations of the Bayshore Gateway Triangle CRA component at 2740 Bayshore Drive. This lease expires on August 31, 2007. CONSIDERA TIONS: The Bayshore Gateway Triangle CRA Local Advisory Board has had tremendous success at generating public support for its programs and projects within the CRA boundaries. By locating its office operations within the local neighborhood, the residents, businessmen and property owners have a high comfort level to conduct inquiries and public business at the office. The Advisory Board's monthly meetings at the Government Center have always been well attended by the public; however since moving its meetings to the CRA neighborhood office the numbers have increased and it has been standing room only. The results of informal polling of the attendees' reason for attending meetings at the office instead of the Government Center is overwhelmingly because of location (close to home or work), parking and ease of access over the Government Center. At the Advisory Board's regular meeting on January 3, 2007, they voted unanimously to recommend to the CRA Board that additional space be acquired (by lease in the same building as the current office space) to be used as CRA Advisory Board meeting room, public workshop and conference space, neighborhood information meetings and additional staff work and planning area. The space would be offered on a no fee basis to the two Collier County MSTU advisory boards that operate within the CRA boundary, CRA business retention subcommittee, CRA area not-for-profits in need of meeting or conference space, and developers conducting Neighborhood Information Meetings (NIMs) as part of redevelopment projects or SDPs occurring within the CRA. If approved, the new space lease would expire on the same date as the current office lease and renew as part of the FY2008 budget. FISCAL IMPACT: Sufficient funds are available in the FY 2007 Bayshore Gateway Triangle CRA Fund (187) budget to cover the lease, Impact to the FY2007 budget is $7,155.50 additional funds for a March 1, 2007 to August 31, 2007 lease, ,- Agenda Item No, 16G1 February 27, 2007 Page 2 of 11 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: To approve the lease of additional office space for meetings for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments, Prepared by: David L. Jackson on February 3,2007 Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency ,.,~ Agenda Item No. 1681 February 27, 2007 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16G1 Meeting Date: RecommendatIOn tor the eRA Board to approve the lease of additional office space for Bayshore Gateway Triangle eRA ooeratlons-, approve new office lease with landlord, authorize the eRA ChaIrman to sign and approve all necessary budget amendments 2/27/200790000 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 211 0120074:32:52 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore~Gateway Redevelopment 2/13/20071 :26 PM Approved By Marjorie M. Student-Stirling Assistant County Attorney Date County Attorney County Attorney Office 2/14/2007 9: 52 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/15/20077:43 AM Approved By Mark Isackson Budget Analyst Date County. Manager's Office Office of Management & Budget 2/15/20075:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/19/2007 3:06 PM Agenda Item No, 16G1 February 27, 2007 Page 4 of 11 LEASE AGREEMENT TRIS LEASE AGREEMENT entered into effective the day of February, A.D., 2007, by and between LAFAYETTE N. INGRAM, III, Doing Business as Gulf Gate South, A Registered Fictitious Name, hereinafter called the "Landlord", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SITTING AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the "Tenant". WIT N E SSE T H: That the Landlord leases to the Tenant and the Tenant leases from the Landlord for a term beginning on the 1st day of March, 2007, and terminating on the 31st day of August, 2007, the premises described to-wit: unit Number 14, in that Office and Retail Complex known as Gulf Gate South, the street address of which is: 2740 Bayshore Drive - Naples, Florida 34112, constructed upon that tract, parcel, or piece of real estate described on the attached Exhibit "A", attached hereto and incorporated herein by this reference, The above described premises to be used only for the office and meeting room of the Collier County Redevelopment Agency. The monthly rental for the above described premises to be *************SEVEN HUNDRED NINETY-FIVE DOLLARS*************** ($795.00), payable on or before the first day of each month which sum is to be paid to the Landlord at such place as the Landlord might from time to time direct, and which sum is presumed paid when received. The first and last month's rental are payable to the Landlord in advance. Tenant has represented to the Landlord that it is exempt from the payment of sales tax on the monthly rental. AND THE PARTIES FURTHER AGREE: 1. NOISE: The Tenant acknowledges that the businesses on each side of the premises leased and let hereby are "noise sensitive" and that the Tenant, its guests and invitees, are not to generate any noise within the unit leased and let hereby that can be heard outside of the leased unit and in particular that can be heard in either of the adjoining units. 2. FIRE RATED CEILING: The Tenant acknowledges that the ceiling in the unit leased and let hereby is a fire rated ceiling whose fire rating can be compromised through holes or perforations in the ceiling, The Tenant expressly contracts, covenants, and agrees, not to make any holes or perforations in the ceiling whatsoever, 3. PRE-STRESSED SLAB FLOORS: The Tenant acknowledges that the floors in the unit leased and let hereby are pre-stressed concrete slabs whose strength depends upon tensioned cables within the slab, The Tenant expressly contracts, covenants, and agrees, not to make any cuts, holes or perforations in the floor slab, nor to exceed the floor load limit of 100 pounds per square foot. Agenda Item No, 16G1 February 27,2007 u_______~_____ Page 5 of 11 4. BU~LD~NG CODE COMPL~CE: The Tenant acknowledges that any improvements made to the premises are to be in compliance with the Building Codes of Collier County, Florida, which require, among other things, that the drywall used in the premises be commercial drywall, not less than 5/8 inches in thickness, that all electrical wiring be placed in metal conduits, and that there be no holes or perforations in the fire-rated ceiling of the premises. Landlord does not permit the use of any thing but steel studs in the interior walls. No improvements may be made to the unit leased and let hereby without the Landlord's consent in writing. Landlord's consent may be conditioned upon the work being performed by a general contractor, licensed to do commercial work. 5. UT~L~TY CHARGES: Utility charges are to be paid for by the Tenant. Utility charges shall be defined as charges for water, sewer, electrical service, telephone service, cable television, and garbage collection. Tenant acknowledges that the water, sewer, and garbage collection service for the entire shopping center is billed to the Landlord monthly by the providers of those services and in turn the Tenant is to pay the Landlord, monthly, 1/18th of the charges for water, sewer, and garbage collection. The present monthly charge for water, sewer, and garbage collection service for the unit leased let hereby is $50.00, per month. The first and last month's charge for water, sewer, and garbage service is payable in advance. 6 . REPA~RS AND MA~NTENANCE: All repairs and required maintenance to the interior of the premises shall be the responsibility of the Tenant. Tenant agrees to keep and maintain the interior of the premises in as good condition as on the commencement of this lease, normal wear and tear excepted, and to be responsible for the repair, replacement, and the maintenance of all heating and air-conditioning equipment, plumbing, hot water heaters, electrical equipment, and electrical wiring exclusively serving the premises leased hereby. All repairs and required maintenance to the exterior of the premises and all of the repairs and required maintenance to the plumbing and electric serving other tenants or building common areas shall be the responsibility of the Landlord. 7. ~NSUR.ANCE: A. The tenant agrees to carry, bear and pay for malicious mischief, fire and windstorm insurance on the plate glass and fixtures on the premises in an amount not less than the fair market value of said fixtures and plate glass, such policy to be written in a standard old line insurance company duly authorized to do business in the State of Florida, approved by the Landlord, and the Landlord shall be named therein as an additional insured, and the Certificate of such original policies, or renewals thereof, shall be deposited with the Landlord. B. The Tenant agrees to carry for the protection of the Landlord and the Tenant, public liability insurance in an amount of not less than the sum of $1,000,000.00/$1,000,000.00, with such policy to be written on a standard old line indemnity and insurance company authorized to do business in the State of Florida, approved by the Landlord. The cost of all such premiums on all such policies shall be paid and borne by the Tenant, and the certificate of such original policies or renewals thereof shall be deposited with the Landlord. C. The Tenant agrees to pay to the Landlord 1/12th of 1/18th of the insurance premiums and premium financing charged to the Landlord for fire, windstorm, flood, and liability insurance on the property in and upon which the leased premises leased and let hereby is located, The current charges to the Landlord for fire, windstorm, flood, and liability insurance on the property in and upon which the leased premises leased and let hereby is located, with premium finance charges, is currently $38,718.00, per year, of which the Tenant shall pay $2,151. 00, per annum, or $179.25, per month. The first and last month's insurance premiums and charges are payable to the Landlord in advance. -2- Agenda Item No. 16G1 February 27,2007 Page 6 of 11 The Tenant acknowledges that the charges for insurance premiums may increase or decrease during the term of this LEASE AGREEMENT, and the Tenant agrees to pay the adjusted sum monthly, together with the other sums required to be paid under this LEASE AGREEMENT, with the rental payments as they fall due. D. The Tenant agrees that in the event of loss or damage to the building in which the leased premises is located by windstorm or tornado, that the tenant will pay 1/9 of any insurance deductible, for the building in which the leased premises is located, The current insurance deductible for the building in which the leased premises is located is five percent (5%) of the insured value of the building, and the current insured value of the building in which the leased premises is located is $995,500.00, making the five percent (5%) deductible the sum of $49,775.00, of which the Tenant's ~/9th share in the event of a loss by windstorm or tornado is $5,530.55. 8. LIABILITY: Landlord and Tenant covenant and agree that the Landlord shall not be liable to the Tenant nor to any person whomsoever for any injury, loss or damage to any person or property in or upon the premises leased and let, and the Tenant assumes all liability for and on account of any such injury, loss, or damage, and will at all times indemnify and save harmless said Landlord for from and against all liability, damage, and expense, caused by or growing out of any injury, loss or damage, to persons or property upon the premises hereby leased or let during the term hereof, subject however to the limitations imposed by ~768.28, Florida Statutes. 9. 'l'ERJUliI'A'l'ION BECAUSE OF DEl!'AUL'l': After occupancy under this Lease has begun if the Tenant fails to comply with any of the terms of this Lease and such default continues without reasonable justification for fifteen (~5) days after notice to cure the default, the Landlord shall have the option of declaring tenant's right of occupancy terminated and shall be entitled to immediate vacation of the premises or have immediate possession thereof, as the case might be, without forfeiting whatever further right the Landlord may have to damages for breach of Lease. Notice required for in this paragraph shall be given either (a) by posting on the door of the premises leased and let, in which case notice shall be effective on the date the notice is posted, or (b) by United States Mail by either Certified Mail or Express Mail, Return Receipt Requested, and shall begin to run on the date notice is delivered or the date delivery is first attempted if delivery is refused. No assent, express or implied, by the Landlord to a breach of any of the covenants contained herein shall be deemed to be a waiver of allY succeeding breach of the same or any other covenant contained herein. 10. either the because of tornado, or DESTRUCTION OF Landlord or condemnation, other casualty PRBHISES: The Lease will terminate at the option of the Tenant if the premises become uninhabitable fire, hurricane, rising water, seeping water, not the fault of the Tenant. 11. mSPECTION DURmG OCCUPANCY: The Tenant will allow the Landlord or any agent of the Landlord duly authorized in writing, to enter upon the premises for the propose of inspection at reasonable times and during the last month of this Lease will permit the posting of customary "For Rent" or .For Sale" signs, and after reasonable notice will permit the Landlord or his agents to show the premises to prospective Tenants or purchasers. 12. KBymG: The Tenant acknowledges that the Landlord has a master key to the premises and the Tenant expressly contracts, covenants, and agrees that the locks on the premises will not be changed without the express consent of the Landlord in writing. If a burglar alarm is installed on the premises the Tenant agrees to give the Landlord a key to the burglar alarm system. -3- Agenda Item No. 16G1 February 27, 2007 .... Page 7.on 1 ~3. ALTBRATIONS AND FIXTURBSa The Tenant has no authority to make any alternations to the premises or to incur any debt or make any charge against the Landlord to create any lien upon the leased premises for any work done or materials furnished without the express consent of the Landlord in writing. Any fixtures installed by the Tenant shall be at his own expense and then only with the Landlord's consent in writing and shall be affixed in a manner which will not damage the building and shall become a part of the freehold unless otherwise agreed in writing. In the event any fixture agreed to be removed or other personal property of the Tenant is not removed at the expiration of this Lease the Landlord may treat the same as abandoned and may at the Landlord's option, charge the Tenant the cost actually paid for removal or treat said fixture or personal property as a gift to the Landlord and retain the same. 14. SIGNS AND BXTERIOR OF THE PREMISBS a The Tenant is not to suffer any holes to be drilled or made in the exterior of the building, nor any placard to be placed on the outer walls, nor any signs to be on the premises, except such as the Landlord shall approve, and then only in such place and so affixed as shall be approved by the Landlord and shall first be prescribed in writing. 15 . TAXBS a A. Unless the Tenant is exempt from payment of sales taxes, the Tenant agrees to pay to the Landlord monthly, all sales taxes imposed on the rental of the leased premises, as well as the sales taxes on those other items paid under this LEASE AGREEMENT that the Florida Department of Revenue has defined as sums upon which the sales taxes are due, The Florida Sales Taxes shall be paid to the Landlord each month with the monthly rental due. B. Tenant agrees to pay to the Landlord monthly, 1./18th of all ad valorem taxes imposed or charged against the premises in and upon which the leased premises is situate, being the lands set forth and described on the attached Exhibit "A". Tenant agrees to escrow 1./1.2th of 1/18th of the estimated ad valorem taxes imposed on the lands described in Exhibit "A", with the Landlord monthly. The current ad valorem tax escrow is $85.00, per month. 16. ASSIGNMENT AND MITIGATION OF DAMAGBSa The Tenant shall not assign or sublet the premises during the initial term hereof, or any renewals thereof, without having first obtained the written consent of the Landlord. If during the initial term hereof, or any renewals thereof, without cause and without having presented a suitable assignee or sub-tenant (what constitutes a "suitable" assignee or sub-tenant shall be in the sole discretion of the Landlord but shall not be unreasonable), the Tenant vacates the premises it shall be the duty of the Landlord to mitigate damages by either (1) terminating this Lease, in which event the rent shall abate from the date the Lease is terminated, or, (2) by making every reasonable effort to re-rent or lease the premises to a suitable tenant for the remainder of the lease term as agent for the Tenant. Tenant has posted a $500,00, damage and lock change deposit. 17. USE, CHANGB IN INSURANCB RATES BBCAUSB OF USB, QUIBT ENJOYMENT, AND LOCAL LAWS a The Tenant covenants that he will use the premises in compliance with all laws and ordinances applicable to the leased premises and in a manner that will not increase the fire insurance rates on the building in which the leased premises is located. For the purpose of determining whether tenant's use is such as to result in an increase in the fire insurance rates, it is assumed that the present fire insurance rate is predicted upon the building in which the leased premises is located is being used solely as an office and retail complex not involving the consumption, sale, storage, or use of inflammable gases, materials, or products, and Tenant contracts, covenants, and agrees to use the premises solely as an office and retail space not involving the consumption, sale, storage, or use of inflammable gases, materials, or products. -4- --- --~---_.- Agenda Item No, 16G 1 February 27, 2007 Page 8 of 11 Tenant further agrees not to use the premises in such a manner as to disturb neighbors and not to accumulate junk, trash, debris, or any other matter or material around the exterior of the premises. The Landlord covenants that the Tenant upon complying with the terms of this Lease and on paying the rent provided for herein, shall peaceably and shall quietly have, hold, and enjoy the premises leased and let hereby for the full term of this Lease and all renewals, if any, thereof. J.8. TIME OF THE ESSENCE: Time is of the essence in the matter of possession of the premises, and the failure of either party to permit possession thereof shall entitle the offended party to any damages provided by law. Provided however, if initial possession on the date provided is denied the Tenant because of possession by third parties, or otherwise through no fault of the Landlord, the Tenant may, upon being so denied possession for a period in excess of thirty (30) days terminate this Lease by notice to the Landlord and if so terminated the Tenant shall be entitled to a return of any money paid under this Lease. J.9. AGENTS: The Landlord may authorize an agent to act in his stead by giving such agent a written power-of-Attorney, general or special, to act in all matters within the purview of this Lease upon furnishing the Tenant a signed and notarized copy of said written power-of-Attorney as provided for hereinabove. Attorneys engaged by the Landlord to represent the Landlord, licensed to practice the State of Florida, shall not be required to furnish proof of their authority to act on behalf of the Landlord. 20. ATTORNEYS' FEES: In the event that the Landlord or the Tenant must engage the services of an attorney to enforce any of the terms of this Lease, it is expressly contracted, covenanted, and agreed, by and between the Landlord and the Tenant that the prevailing party in any such action, shall be entitled to recover their reasonable attorneys' fees as well as the Court costs which might be incidental to a suit brought for the purposes of enforcement of any or all of the terms of this Lease, If the Landlord shall be an attorney-at-law, Landlord may engage himself. 2J.. DAMAGE DEPOSIT AND LOCK CHANGE FEE: The Tenant is required to post a deposit of $500.00, to first be applied toward the cost to the Landlord to repair any damage to the unit upon vacation by the Tenant, and secondly to cover the cost of changing the locks to the unit, The use of these deposit monies shall not be the exclusive remedy of the Landlord in the event of damage to the unit by the tenant, its guests and invitees, Any unused deposit shall be returned within 30 days of Tenant's vacation of the premises. 22. SALE OF PREMISES: Should the Landlord sell the real property upon which the premises leased and let hereby is located, the purchaser from the Landlord shall have the right to terminate this lease agreement upon ninety (90) days notice to the Tenant(s). 23. HOLDING OVER: Should the Tenant hold over possession of the premises beyond the expiration date of this lease, or any renewal thereof, all of the terms and conditions of this lease shall apply during any period that the Tenant might hold over, except that the Landlord shall have the right given by ~83,06, Florida Statutes, to double the rent for any period that the Tenant holds possession of the premises beyond the lease term, or any renewal thereof. 24. SUBORDINATION: This Lease shall be subject and subordinate at all times to the lien of existing mortgages and mortgages which hereafter may be made a lien on the premises. Tenant expressly agrees to execute and deliver such further instruments required to subordinate this lease to the lien of any such mortgages as shall be desired by any mortgagee, -5- Agenda Item No. 1681 February 27,2007 - Page 9 6fl1 25 . CONDEMNAT:ION: condemnation award for the leased and let hereby, condemnation award for a described in Exhibit "An. The Tenant expressly waives the right to share in any governmental taking of all or any part of the premises and expressly waives the right to share in any governmental taking of any portion of the property 26. DELETED. 27. SHOPP:ING CENTER LEASE: The Landlord and the Tenant each acknowledge that this is a "shopping center lease n and that as such it is in the best interest of the Landlord, the Tenant, and the other tenants in the shopping center to have a mix of tenants in the shopping center, and that it is for this reason, among others, that this lease is not freely assignable by the Tenant, and may only be assigned with the express written consent of the Landlord, to a compatible, comparable tenant approved by the Landlord, in writing. What shall constitute a · compatible, comparable tenant" shall be in the sole discretion of the Landlord. 28. TRASH RECEPTACLES: A. The Tenant expressly agrees not to leave any trash or garbage on the exterior of the premises leased and let hereby and understands and agrees that all trash generated on the premises must be deposited in the enclosed dumpster located in the northeastern corner of the center on Bayshore Drive. Tenant further agrees that any trash or garbage of a perishable nature is to be placed in air-tight plastic bags before being deposited in the dumpster container to avoid any unpleasant odors. B. Tenant expressly agrees not to use the trash receptacles on the walkways in front of the units, those trash receptacles being reserved solely for the use of the patrons of the shopping center and not for use by the Tenants. 29. HAZARDOUS WASTES: The Tenant expressly contracts, covenants, and agrees not to place in the common trash receptacle or dumpster any hazardous waste as defined by State and Federal Law, and to dispose of all hazardous waste in the manner prescribed by State and Federal Law. 30. COOIC:ING NOT PERMITTED ON THE PREMISES: It is expressly agreed by and between the Landlord and the Tenant that cooking facilities on the premises are expressly prohibited, and that the Tenant will not cook or have any cooking facilities of any kind on the premises. 3L NO SMOKING :IN UNIT: The Tenant expressly agrees that no smoking will be permitted in the unit leased and let hereby. If the Tenant, its guests and invitees, do smoke in the leased unit, the Landlord may terminate this LEASE AGREEMENT, Clnd Tenant agrees to pay for replacement of the air-conditioning unit and ductwork to remove tobacco smoke and residue, and for the chemical treatment of the unit to remove smoke odors, replacement of the ceiling, replacement of the flooring, and the painting of the unit. 32. LATE CHARGE: Any sums due and payable under this lease that are not received within fifteen (15) days the due date are subject to a late fee of five percent (5%) of the late payment. 33. RENEWAL: At the end of the initial lease term, if the Tenant shall not be in violation of any of the lease terms and conditions, the Tenant is hereby granted an option to renew this Lease for an additional periOd of twelve (12) months, by notifying the Landlord in writing, by Certified Mail, Return Receipt Requested, at least sixty (60) days prior to the termination of the initial lease term of its intention to do so. All of the terms and conditions -6- Agenda Item No. 16G 1 February 27, 2007 Page '10 of 11 of this Lease shall apply during the renewal term, except that the base monthly rental shall be increased to $895,00, per month. 34. REFERENCES TO GENDER, THE S:INGULAR AND THE PLURAL: Where referenced are made to the "Landlord" and the "Tenant" the same shall be construed for the singular, the plural, individual, or body corporate, as the context requires. 35. LANDLORD AND TENANT'S ADDRESSES FOR NOT:ICES: Landlord's Address: Tenant's Address: Suite No. 302 900 sixth Avenue South Naples, Florida 34102-6792 Unit No, 17 2740 Bayshore Drive Naples, Florida 34112 36. TAX :IDENT:IF:ICAT:ION NlJ'MBER: The Tenant I s Social Security or Tax Identification Number is: Not Applicable. BY S:IGN:ING TH:IS LEASE AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT AS DEFJ:NED BY FLOR:IDA STATUTES, THE LANDLORD SHALL NOT BE L:IABLE OR RESPONSIBLE FOR STORAGE OR D:ISPOSITION OF THE TENANT'S PERSONAL PROPERTY. IN WITNESS WHEREOF, the Tenant has executed this LEASE AGREEMENT this the day of February, A.D., 2007, ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SITTING AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, TENANT By: Dwight Brock, Secretary/Clerk By: [LS] Donna Fiala, Chairman IN WITNESS WHEREOF, the Landlord has executed this LEASE AGREEMENT this the day of February, A.D., 2007. Executed in the presence of: (1) witness [L.S.] Lafayette N. Ingram, III, Landlord [Printed Name of Witness] (2) witness APPROVED AS TO FORM AND LEGAL SUFFICIENCY 'f1J~ on, ~-~ r'ha~Orit.. m, StudL-flf-- S~ (" ll'~ ssistant County Attorney [printed Name of Witness] c:Cu~Lg..t:..~fA Rev: O~/31/07 -7- Agenda Item No, 1681 Fel.J1uary 27, 2007 Page 11 of 11 EXHIBIT RAn A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO.2, according to the map or plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, more particularly described as follows: From the Southeast corner of said Lot 37, run Westerly along the South line thereof for 25 feet to the West line of Kelly Road; thence North, 228,46 feet along said West line of Kelly Road for the POINT OF BEGINNING of the parcel herein described; thence South 89 Degrees 53 Minutes 50 Seconds West, 762.11 feet to the West line of said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East, 189.39 feet along said West line of said lot 38; thence North 89 Degrees 55 Minutes 50 Seconds East, 761.77 feet to the West line of Kelly Road; thence North, 188.46 feet along the West line of Kelly Road to the POINT OF BEGINNING of the parcel herein described. ALSO DESCRIBED AS: A parcel of land being a portion of Lots 37 and 38, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO.2, according to the map or plat thereof recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida, more particularly described as follows: From the Southeast corner of said Lot 37, run Westerly along the South line thereof for 25 feet to the West line of Kelly Road; thence North, 228.46 feet along said West line of Kelly Road for the POINT OF BEGINNING of the parcel herein described; thence South 89 Degrees 53 Minutes 50 Seconds West, 762.11 feet to the West line of said Lot 38; thence South 0 Degrees 06 Minutes 10 Seconds East, 189.39 feet along said West line of said Lot 38; thence North 89 Degrees 49 Minutes 40 Seconds East, 761.77 feet to the West line of Kelly Road; thence North, 188.46 feet along the West line of Kelly Road to the POINT OF BEGINNING of the parcel herein described. c:Gultgaee,14A Rev, 01/31/07 -8- Agenda Item No. 16G2 February 27,2007 Page 1 of 49 EXECUTIVE SUMMARY To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Grant AppIicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. OBJECTIVE: To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and 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 residential property grant requires applicants to provide a project cost-match of at least 50%, and the commercial property grant requires applicants to provide a project cost-match of at least 66% with the remaining project dollars for both types of grants to be 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, $100,000 is available for new projects and $80,000 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The following Site Improvement Grant applications have been considered by the Bayshore Gateway Triangle Local Advisory Board at their February 6, 2007 meeting: 1. SIG OS/2007 Phillip and Debra Pierce of 3144 Pine Tree Drive - Residential 2. SIG 06/2007 Rosa Ruvolo and Vito Basile of 1716 Airport Pulling Road - Commercial FISCAL IMPACT: Sufficient budget exists within the FY 07 Bayshore Gateway Triangle Fund (187) to satisfy this new grant application. A Site Improvement Grant may fund up to 50% (residential) and 33% (commercial) of the applicants project cost up to a ceiling of $8,000. These site improvement projects total: SIG OS/2007 $7,055,00 or 50% of estimated cost; and SIG 06/2007 $4,418.87 or 33% of estimated 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. RECOMMENDATION: That the CRA Board approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and the following Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area: Phillip and Debra Pierce in the amount of $7,055.00, and Rosa Ruvolo and Vito Basile in the amount of$4,418.87. "-,,, Prepared on February 10,2007 By David Jackson, Executive Director, Bayshore/Gateway Triangle CRA Agenda Item No, 16G2 February 27,2007 Page 2 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16G2 To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Grant Applicant(s) within the Bayshore Gateway Tnangle Community Redevelopment area. Meeting Dete: 2/27/200790000 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bayshore~Gateway Redevelopment 2/13/2007 1 :22:40 PM Approved By Marjorie M. Student-Stir1ing Assistant County Attorney Date County Attorney County Attorney Office 2/14/2007 9:52 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/1512007 7:44 AM App roved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/15120075:35 PM Approved By David Jackson Executive Director Date Community Redevelopment A geney Bayshore-Gateway Redevelopment 2/201200710:37 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20/2007 11 :03 AM Agenda Item No, 16G2 February 27, 2007 Page 3 of 49 THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION SITE IMPROVEMENT GRANT APPLICATION 05 I 2007 Phillip Pierce and Debra Pierce 3144 Pine Tree Drive Agenda Item No, 16G2 February 27, 2007 Page 4 of 49 SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: -p hI L L, { d-~~,: A -:PI ~~ e-:e Owner Address: -3 J L/ '-I I t1 e e -:p . Site Address (if different from owner address): Legal Description of Site: L(j-r:; ..J3c\'ct'.3(" 7IAil~r} d4Lt? ~ l fJ- 'T ~oc>lc L( -p ~ ~ e. ,~~ Daytime Phone: Alternate Phone: Q~Cf- ~~q - / 7c/~ 4:,7'-13 d~~- IOCJ9 E-Mail Address: How long have you owned this property? ~ I Y (? OS . How long is lease term ifleased? (attach copy oflease) Tenant Name (Commercial Only): Tenant Daytime Phone: Tenant Alternate Phone: Number of Years in Business at Site Address: Occupational License Number: Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes r:x1 NoD Ifno, how many applications submitted? Grant(s) awarded? Yes D NoD 6 Details Page 1 of 4 Agenda Item"'No. 16G2 February 27,2007 Page 5 of 49 tc:IiDI Aerial Current Ownership Scroll for Additional Information Folio No, 48781360005 Owner Name PIERCE, PHILLIP C=& DEBRA S Addresses 3144 PINE TREE DR City NAPLES II statell FL n Zlpll 34112 - 7330 Legalll ~~LLENDALE LOTS 35, 36, 69 & Section 23 Township 50 Acres 0,64 Map No. 5A23 Strap No. 394600 365A23 Sub No, ~ !.LH~. ~ 394600 1 I HALLEN DALE SINGLE FAMILY RESIDENTIAL ~ M!lliIge~..lB 81 2006 Final 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 $ 372,400,00 (+1 Improved Value $185,720.00 (=) Market Value $ 558,120.00 (-I SOH Exempt Value $ 410,315.00 (=) Assessed Value $ 147,805,00 l-) Homestead and other Exempt Value $ 25,000,00 (=) Taxable Value $ 122,805,00 Date Book. Page Amount 02 / 2001 2776 - 1983 $ 0.00 07/1988 1367.1443 $ 35,000,00 SOH = "Salle Our Homes" exempt lIaRle due to cap on assessment increases, httn://www.co11ierannraiser.comlR ecordDetai 1.8sn?F 01 io Tf)=000004R7R 1100005 1/20/2007 Agenda Item No. 16G2 February 27,2007 Page 6 of 49 Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): rJo ~ "J;l d --) (! A-f' I "j. t1I () I R. R '3 Ron o/) - /lit uJ a.:5 Remo vEld (OR Yhe 12ota-c/ \,1 0 -iJp ()ftJl'ed. f ATTACH "BEFORE" PHOTOS AT LEAST TWO 8X10 COLOR PHOTOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE). Outline Proposed Improvements in Detail (attach additional sheets if necessary): -:D;?I/~ wA t Irnp::t!otlrn<?n-r- ~At1d~(1Aplr1d aJ/7h 1t?/Z/ciAIIOIJ dJ2Pt/I\ ,?IPQ.::5 Clr"'~ II -r-/P(C~ l.e;(rend_ '~A 1I elL aJ A- ( k. u)o y~-; ~ rA 11 ('"J ~ (/,p (\ d te n~ ~ List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks, wood panels, roof type, etc.) (attach additional sheets if necessary): 'nl2 \c-k ~A tJ pQ S I V,AfC IOd. <) ?0Lm:s A IIJ ~Ch(?l..(b "5 -T'vc. Ii p('> q-- 5P./2"'1k/PR #f?A-dJ woo ~-e(\c..e - L{k'~~O~0 c::;;r t.Vood. ~OA(ld~ 4(,4111,,, ""'1. j U "ITel2s A r7 d c1oc.0 () ;5 fuel! IS ATTACH PHOTOCOPIES OF EXISTING CONDI170NS PHOTOS IDEN17FYlNG AREAS TO BE IMPROVED. ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. 7 Nf'-O'l (90""" <.O~O ..- . f'- o f'- 0) ZN OJ E 2:' ro ron.. 0) ::l .......... -.0 roO) -gLL 0) OJ <:!: ..... '. L Yi&-....'....."..-".'..~~. .ill......... .:-.-..,- ' ii" "\ \' 'r". " \ f...t __ . ~l".!- Nt--CJ'l (90"<t c.o~O .,..... - CJ'l o t-- (l) ZN OJ E 2::' CO roD.. O):;j :=::.0 COO) -gu.. (l) OJ <( ~, . /;.- ~., ~~:: ,. ., '&;,w \ ~ "'".- Qt: -.., .b.. \ \ N r-- OJ C)O-.::t coo.... ..,....,.j 0 ::::> , ..- ~;>.O) _roOl O):::lCO =__0- co..c -00) eLL 0) 0> c{ iio~oSeJ 1 m Or oLJ e V'Vl t' '''In ~~ 3b~ ~l 1'( I " ,~, (l"t I I 1- ~n.; _P~ol~o"'"""d . !'2..--" '" p' ,;>1<:,<. k' . R\\J~bJ' 9" '^ CX-.... L' " /'-=~ :0... U I m ~ Rock "7:;- w:+~ <6 BCo\.se n~ S IQ..(j Rock * J . . .... of.- +- ..... ~ of. -.. .... ..... ~ 2&:" ,i;i' I~ ~- -_.'____~, L ",.lV:~" -- --"-~--- H }"i ~.a\ ~.. ...{"-' ,ti" .i,J,(tMt . "'-"- ~ :.:tr/ Agenda Item No. 1682 February 27, 2007 Page 11 of 49 1/912007 Proposal # ,774-6743 Customer # For Work Done @ 3144 PINE TREE DRIVE NAPLES FLORIDA 3 Qty Price 4,000 0.38 1 250.00 Total 1,520,00 250.00 c-..... ..www.renechavezinc.com" PROPOSAL MR.PHILL AND DEBBY PIERCE 3144 PINE TREE DRIVE NAPLES FLORIDA 34112 239-774-6743 239-253-1009 Date $34,690.00 I, Rene Chavez, propose to furnish the materials and perform the labor as follows: Item Description INSTALL FLORATAM SOD (SQUARE FOOn FINAL GRADING (lUMP SUM) SodIFloratam Grading Total Contract Price tax inclusive....... Terms: 50 % Down, Ba!. upon Completion Agenda Item No.::f16,62 February 27, 2007 Page 12 of 49 I~~. . ~'.:~2: ' . - /ii.("t-~~, '_4_ .' " ~~~~ .., ", .(;' c--...., >,~'~~~l:5;':;. :~t.:. it ~ '"<'*,,. ~ .\...www.renechavezlnc.com" PROPOSAL MR.PHILL AND DEBBY PIERCE 3144 PINE TREE DRIVE NAPLES FLORIDA 34112 239-774-6743 239-253-1009 Date 1/912007 I, Rene Chavez, propose to furnish the materials and perform the labor as follows: Proposal # 774-6743. Customer # For Work Done @ 3144 PINE TREE DRIVE NAPLES FLORIDA 3 Item Description Qty Price Total TREES ARECA PALM CLUSTER 12' X 6' 14 480,00 6,720.00 TREES RE-LOCATE FICUS BEJAMINA HEDGE 13 50.00 650.00 TREES COCONUT PALM 16' HEIGHT 3' CLEAR 2 900.00 1,800.00 TRUNK TREES PICCABEEN PALMS 16' SINGLE TRUNK 2 640.00 1,280.00 TREES PICCABEEN PALMS 14' SINGLE TRUNK 2 560.00 1,120,00 Brick Pavers INSTALL BRICK PAVER DRIVEWAY OWNER 2,600 5.75 14,950.00 TO SELECT COLOR AND STILE (STANDARD PATTERN) CUT DRIVEWAY, INSTALL AND COMPACT 4" LIME ROCK BASE, SCREED 1" SCREENING SAND, INSTALL AND COMPACT PAVERS AND CEMENT SOLDIER COURSE. Brick Pavers INSTALL BRICK PAVER TO EXTEND POOL 800 5.75 4,600,00 DECK AND FRONT ENTRY Irrigation INSTALL NEW IRRIGATION ON FRONT, 1 1,800.00 1,800.00 INCLUDING TIMER AND VALVES REPLACE ALL HEADS,ON SIDE AND BACK OF PROPERTY AND ADD OR RELOCATE HEADS AS NEEDED TO PROVIDE FULL COVERAGE (LUMP SUM) Total Contract Price tax inclusive........ Tenn.: 50 % Down, Bal. upon Completion . "_:~~ ,'fi'-'."'. Uv -" 0.7"'- ~ Agenda Item N3f1 eh2 February' ii, ito7 Page 13 of 49 11912007 Proposal # 774-6743 Customer # For Work Done @ 3144 PINE TREE DRIVE NAPLES FLORIDA 3 Qty Price 4,000 0.38 1 250.00 Total 1,520.00 250.00 /t,,;: ,--...., $34.690,00 IIwww.renechavezinc.comll PROPOSAL MR.PHILL AND DEBBY PIERCE 3144 PINE TREE DRIVE NAPLES FLORIDA 34112 239-774-6743 239-253-1009 Date I, Rene Chavez, propose to furnish the materials and perform the labor as follows: Item Description INSTALL FLORATAM SOD (SQUARE FOOT) FINAL GRADING (LUMP SUM) Sod/Floratam Grading Total Contract Price tax inclusive....... Terms: 50 % Down. Sa!. upon Completion Agenda Ite~~G2 February 27, 2007 Page 14 of 49 298 Sabal Palm Road . Naples, FL 34114 Telephone: 239.732.4624 . Fax: 239.732.0077 - Email: info@allofnaples.com January 22, 2007 Phil Pierce 3144 Pine Tree Drive Naples, FL 34112 We are pleased to submit for your consideration our proposal to provide the following Tree installation work at 3144 Pine Tree Drive, Naples, FL SCOPE OF WORK Tree Installation Install the following: 6 - 8'ft.-10'ft. Single Adonidia Palm 25 - 6'ft.- 8'ft Areca Palm 3 - Coconut Palms with at least 3'ft-4'ft of grey wood 20 - 3 gall.Fountain Grass -.. 5 - yards of Beach Sand = $ 720.00 = $7,500.00 = $1,650.00 = $ 300.00 = $1.500.00 Total = $11,670.00 - age 1 (pierce Landscape proposal) 1-23-07 Darrell Customer Copy! www.allofnales.com Agenda Ite~2-16G2 February 27, 2007 Page 15 of 49 Work Force All landscape work will be performed under the supervision of a qualified foreman. Company uniforms will be worn by Advanced Lawn & Landscape personnel at all times. Acts of God Acts of God and vandalism are beyond the control of Advanced Lawn & Landscaping Service Inc. The ctient will be consulted to review any work deemed necessary, and will be billed on a time & materials basis. Limited Warranty All plant material will be warranted for 6 months from the time of installation if we are maintaining the plant material and no warranty if we do not maintain the plant material. We will give a 3 month warranty from the time of installation if we renovate the irrigation system and monitor the system for 3 month at an additional cost. (per separate proposal) We are not responsible for death of plants due to lack of water, insect damage, fungus, or other factors beyond our control. Sod Installation We can not warranty Sod installation due to Fungus and Pest infestations unless our Company provides full maintenance service, including monthly irrigation checks, full control over the time irrigation timer and pest control. U~evv Sod r"nust !)8 vvatered daiiy for several ',..veeks ur:ti! it takes root) Transplants There will be no warranty on any Shrubs, Trees and Palms that are transplanted. Materials Quantities of materials are only an estimate. Final bill will reflect actual quantity of materials used. Payment Payment for landscaping services performed will be due half up front and the remaining balanc due upon completion of work. The prices quoted are good for 30 days. If work is scheduled after the 30 day period, prices may change to reflect current vendor and/or labor prices. In the event collection of any amounts due under this agreement is necessary, customer agrees to be responsible for all costs of collection, including attorneys fees & court costs. Any invoices not paid within 30 days shall be subject to an interest charge in the amount of 1.5 % per month. This will be an automatic add on. Acceptance of Proposal The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Note: We must receive this contract with an authorized signature, before any work is performed. Furthermore Advanced Lawn & Landscaping Service, Inc. will not be held responsible for cut/severed Telephone, cable, Satellite, AlC or any other electrical wires/ lines or irrigation water main lines or other irrigation damages due to landscape work/installations, Any extras not included in the orooosal will reQuire an additional sianature BEFORE said extras can be comoleted. (I.e. mulch, plants, sod, additional irrigation materials etc.) Note: We must receive % of the total amount ($5,835.00) up-front, before we can schedule or begin any work. The remaining balance must be paid upon completion of the project. Please Note: It is the owners responsibiJit)' to get underground cablesllines flagged. Cd' :;";:!~T Y"" ":C -,':',!:." Date Date 23 Jan 07 Contractor Signature D a rre II F lick Client Signature Page 2 (pierce Landscape proposal) 1-23-07 Darrell Customer Copy! Agenda Item Noti-62r- February 21. '2007 Page 16 of 49 Advanced Property Maintenance 298 Sabal Palm Road Naples, FL 34114 Phone: 239-732-4624 Fax: 239-732-0077 January 17, 2007 Phil Pierce 3144 Pine Tree Drive Naples, FL. 34112 We are pleased to submit for your consideration our proposal to provide the following Property Maintenance service at 3144 Pine Tree Drive. Naples, FI. SCOPE OF WORK Install Paver Driveway (until cement apron> Install Paver Patio (including area by closets) Install Paver Sidewalk All per sketch as discussed...... $16.749.00 This estimate does not include unseen conditions nor its repairs and is subject to increase as those become evident. Permit fees & taxes not considered within and will be included in the project invoice. All new conditions as well as electrical & plumbing repairs not included in this document will be charged separately based on labor and material costs. This offer is valid for 30 days is subject to change without further notice. We require 50% of the total estimate amount at the time project contract is signed. SIGNATURE DATE l'~/Advanced S~'a~I~: f;init~f v// I N COR P 0 RAT E 0 ./ Specializing in Seamless Rain Gutters 2151 Andrea lane · Fort Myers, Fl 33912 Naples 239-513-1175 Fax 239-277-5709 PROPOSALicONTRACT J -' J J-01 @~0LJ~b0Lf3 @o15;:'00 Fort Myers 239-482-1186 Cape Coral 239-540-8100 ~)lf ~,~((.W SU8MITTFl}TO 3144 ~~ De AOORESS/J AI'l~J ./ CtTY. STAlE. ZIP COOE / Linear Feet 6'" Seamless Gutter Linear Feet T, SE:1amless Gutter Gutter Color W~lTlt Downs FAX II !') ~ - I 7'0 d~, JOBNAME L P/~ T tg D(L --" :::;;eet 3"'x4W Downspouts / Lipear Feet 4"'xo Downspouts (Ai H rre- Valley & Splash Guards as Needed ') , '--- CAfl~' ~ )C. (.. 1:115 t,.,rw "tAl,.., 4::""f. f1 ZJr- 2.rI We Propose hereby to furnish material and labor - complete in acooroance with above specfficatiOflS lor the sum of $ I. J (){} - (Us Advanced Seamless Gutters, Inc. guarantees against defective workmanship and leaks for a period of one (1) yoor from initial instaBation ~e, AI materials guaranteOO to be specified. All work to be completed in a workmanIke manner accading to sta1dan:l pra;tices. Atry alteration or deYiation horn the above specffic:aOOns involving extra cost be executed only upon written orders and will become an extra charge over and above this contracl All agreements contingent upon strikes. accidents, delays, or un!oIesl OCCUrTenCeS beyond our control, Advanced Seamless Gutters, Inc. will cany insurance in accordance with state requirements. Advanced Seamless Gutters, Inc. will not responsible for any damage to the interior of the home caused by a defective roof, soffit and/or fascia. Advanced Seamless Gutters,lnc, is not responsible tor existing stnJC1 and/or prior existing sI1UcIural condtion. VWl are not responsible for structural rot and/or preOOus or existing water damage of any kind, phone lines. cable. eIe:tricaI or Iigh' fixtures.1vry rottll'l wood or hk:lden problems and defects that need repai's before wOO< can be completed must be repaired by a competent repainnan prior to installation. I ACCEPTANCE OF THIS PROPOSAL CONSTITUTES AN INVOICE AND IS PAYABLE HEREFROM I The above prices, specilk:ations and conditions M! satisfactory and are tlerett)' accepted. You M! authorized to do the worK as specified. Payment will be madE outlined below, h;ceptance of this Proposal constitutes an Invoice and is payable upon denand. In consideration of Advanced Seamless Gutters, Inc, and affifle extending credit we do hereby joillIy and severally and individually agree to pay for all goods, WM!S, and labor supplied to <fII'J of us aneIIor the above named, In the e\ it becomes necessary to place the accolJ1t with an attorney for coIection, we agree to pay all costs of collection irduding reasonable attorney's fees and hereby waive orivilege of being sued i1 the counly of our residence and agree that suit may be brought in Lee County, F\orida. FaiUl'e to pay in accordance with the temls of this corn NilI void warranty em incur a $25.00-per-<iay late fee, In the event a credit card is used for payment, there' $25.00 administrative fee added to the bt>' . '"--- Date of Acceptance: PAYMENT AS FOLLOWS: JG~ f)~ M./I~A-v'~ ()~ AuIhorized . Print Name: NOTE: This proposal may be wiIhdnIwn by us if not accepted within fifteen (15) d~ BALANCE AND FULL PAYMENT IS DUE UPON COMPLE11ON UC, I NAll3-OOll45 it DOUGLASS. DANGLER OWNER & INSTALLER GATOR GUTTER, INC. 5301 Cypress Ln. Naples, FL 34113 774-6631 Fax: 774-1171 . LICENS~i l~fbUD SEAMLESS ALUMINUM iD".tJ4aJ - ~ DATE ( ~ t{ /01 ~1 OWNER'S NAME 11-/ ~ ~ i"A:: ~ JOB ADDRESS 31.?f+ ~~<=-r:e:~ -c.. -3 TO: FAX # PHONE ~? (3 1,,1 15" 1+' (iP (j !~ 16 1/0 6" Gutter: / &~ I Gutter Color: 3 x 4 Downspouts: BB D.S, Total ~6 ~ 4-~D - I We hereby propose to furnish labor and materials . complete In accordance with the above specifications, for the sum of: $ with payment to be made upon completion. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and win become an extra charge over and above the estimate. This proposal subject to acceptance within 30 days. SIGN AND FAX Authorized Signature o uJ n e,( · ~ LS"'; mA i &...de;.~,*~ +-O~ m"t'l.ra4. \ ....0 do Job, Page19of49 /00 fr F(?tY!(2 600 .0 / (){) () ~5f Ii <C f11f1 e e S 'd I~ 0 J , L4()Of~ 01000 _ ~Pf!/flKL~e,s, 'GoO d ~ /1 /2 e C A ~qLn\:5 -3 7 0 0 I ,___ ___ . ~ - I I ( .., ""\ ,"'. {" I A I I "'/'1 J' vn -:::: ~~ ~" ,0 "---' . I...-J I '- '. " L '\'~~, -..J , l . ~ 9 ,~ c! Lt f \:o.~~'-___ ~ (c ~:=t S S ..J ,I ".,fl' 'f' I i I ,~ /"\ / f/\" <.:,. "'<---/ '-- L.^-- '----' \ '-'\. I n '-- it I I --' , .-...,. ..... j .I 0' I --- ~ '~:, 0( ''f a-.::.) ~e'A c:.'\ c.::::::,..;i=i n~ I ' . ; I ..... .~ ..::... 0:- C- ,CJl 6 e' - 'J--J C? 0 :\ E: ~ \ 0 ~Qo..\ (~q9 ~'I~...)Q (9f2o..,v0L 't 012 ,~:2: '!(JUJJ, >' r.... ~R.oe/c P,4-tJe:1tS. 1 ~___~ /_ U I / A lf7UU /~O C) '-" ~,'oO I - 7;Jf,c,L ()OO too A :2 0/\ r-.... l L-J G uffte [sl- ~ 000 13. / /0 " /~ I/O ?r;:feRJ i owner s je) 12- //'_f /,'(, ; / if Cu/I-/I2S 011..)/'/ O I I ) j :[,' <~ / I )! .' ! '/l/ J I LA- I ,..... ~ \,.,. -"' , l\.~,./ ,'....I .~ rnos + CJ r /uh,JI./ .. /? / (.J ) p) '7 .. I' I '- L,- '~, I ' ':, eX (L, 5 't I ,/, leA boti2 -11/ :::- l!'3L/ 0 9{) . ,/, I K -;' -:;.~. 70 LlJO ._, - 0''' 7 I // cd6 oc.. I; /00 L'C (/ ,.{r . I , I J d do _ : r \' I ' ~,,- l;~- -II /~ !IO JA t J !genda Item No. 16G2 " "5 (;{ffJ Ila February 27,2007 . r I l Page 20 of 49 PROJECT INITIATION AND COMPLETION FORM (to be submitted '1Jh Site Improvement Grant Application) I, AI'Ilit J iJ,bru /ff2((e , owner/tenant of the property located at ,3/ l/'1 'fJ,17r;.. ~~~ Dt? , 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. Signature of Ownerffenant (Commercial only) i C;;UZ Signature ofOwnerffenant (Com.merdal eAly) (if jointly owned or leased) Ifes /dUl } ial y SiL.&erhL"ial QRly) (if jointly owned or leased) 14.s,dt'fV i.c.. / Date YD:!?7 x /-3{J~07 Date 9 Agenda Item No. 1682 February 27, 2007 Page 21 of 49 POINT EV ALVA TION 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 Awarded Removal of false fat;ade, awnings, canopies, porches, signs or old entryway 1 New porch, awning, and/or canopy 1 Construction of new public entrance I New signs, on building or monument 1 New paint only I Paint complements the "Old Florida" style 1 Design consistent with the "Old Florida" style 1 Replacement or repaired windows or doors 1 Swales and stormwater improvements ,,/ 2 ~') Repainting of mortar ioints for brick or stone fronts 1 Woodwork repair, replacement or new installation 1 New Roofmg, rain gutters, or soffit V- I I Stucco or siding work 1 Parking improvements (Commercial) 2 Driveway replacement or improvement-(Residential) J/ 1 / Landscaping improvements and irrigation system 1/ 2 J Hurricane protection (storm shutters, windows, doors) 2 Fencing 1 Subtotal ___t::\ Other Criteria Applicant has funding and is prepared to begin permitting process and hiring 5 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) l.- S CRA contribution of25% or less of the total prolect cost 10 CRA contribution of 26% - 50% ofthe total prolect cost . 5 ...') Subtotal /.C) I I TOTAL ..::J I') NOTE 1: Any alterations in the project must be pre-approved by the CRA to avoid revocation of funding. In the event that the total funding request from all applicants exceeds the amount available for this grant cycle, funds will be awarded at the final discretion of the CRA based on the merits provided to the redevelopment area. NOTE 2: Grant is for renovation/improvement of existing structures. Grant may be awarded for improvements made to "existing" structures as part of a new construction project (example: hurricane quality window replacements on !i~cm~;:~:;Ofre';d~t~'oom;;;;F 3 Agenda Item No. 16G2 February 27,2007 Page 22 of 49 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 $ ~,CJ 5.1'; 0 {/ Residential owner-occupied (up to 50% of the total project cost, up to, but not exceeding $8,000.) Residential rental (up to 330/0 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 HA VE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/OR CANCELLED CHECKS HA VE BEEN RECEIVED AND VERIFIED. FOR CRA USE ONLY TolalE.tlmaIedProjeetCost: JL~IIO Request from CRA: " 'l; D 5.5' ....cD %0 Percentage of Total: _.=2_ _ , 1ft 0;6? ~e/ / -30r07 Date D:l'i07 8 Agenda Item No. 1682 February 27, 2007 Page 23 of 49 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and Phillip & Debra Pierce (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 $7,055 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of $7.055 dollars on ("CRA Approval"), which is 50% 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 of the Grant Program. 2. Owner is the record owner of property described as 3144 Pine Tree Drive. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated January 30. 2007 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. FY2007 SIG Agreement 1 Agenda Item No. 16G2 February 27, 2007 Paga,24 of 4L 5. CRA has approved a grant to Owner in the amount of $7.055 to be administered pursuant to the terms of this Agreement based on an estimated cost of $14.110. If the actual costs are less than the estimated costs to construct the Site Improvements and less than $7,055, 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 of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the 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 ofCRA 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, 16G2 February 27,2007 Page 25 of 49 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. ( J~-, (J{_ PrintedlT~e Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to fonn and legal sufficiency: -zJ- -~t\ FY2007 SIG Agreement OWNER: BA.Ji-lL---- f1.1\ \ I'l Qr-erL C C2- Printedffyped ~ By: /j:4~ ~ ~hCf7 ?tp(2 cE-(? Printedffyped ame COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman " -) Agenda Item No. 1682 February 27, 2007 Page 26 of 49 THE SA YSHORElGATEWA Y TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION '. a ~ .. " Tomorrow SITE IMPROVEMENT GRANT APPLICATION 06 I 2007 Rosa Ruvolo & Vito Basile 1716 Airport Road South Naples, FL 34112 ,._...~..",-_._,_._"...."""~-".,__,,,, _MIIIlI , W ,_.~,.~ '"M____.__ Agenda Item No. 16G2 February 27, 2007 Page 27 of 49 SITE IMPROVEMENT GRANT APPLICATION Semon 1: ApplieaDt Information ~erName: V~A- 16)ur>(o 1 \) \+0 ~ \'€ ~ Address: _\ '1 \ (; - ~\ \2. J :'5c)i)fu ~\ef'.. ~Blli I ~ ~ Address (if different from owner address): ~~f'1L.. Legal Description of Site: y ~~ ,('~-r ~CJ yv\(\--c~-E.' t- (")~~ ll) (\C-'~ ~~ltJ\(\ oQ-O Daytime Phone: Alternate Phone: E-Mail Address: d~C; - 2G ~- 6'5.4'" ,-~~ ~C12 - 6DD ~ ~'(2~~CCXv"\CA~~ ~~\ How long have you o\Wed this property? How long is lease term ifleased? (attach copy of lease) l Cft.<<>t"- ~ Tenant Name (Commercial Only): ~nl.)'ER UA-e ~l)....~r TeD8JltDaytimePhone: .\} \~:. \-e Tenant Alternate Phone: 8..-no, - '1 ~ &L\ Number of Years in Business at Site AddresS~ ~Q S Occupational License Number: Ocn...'\ ~ Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes ~ NoD lino, how many applications submitted? Grant(s) awarded? Yes D NoD 6 r r' (' Agenda Item No. 16G2 February 27,2007 Page 28 of 49 SectioD 2: Project IDf'ormatioD Existing Condition of Project (attach additional sheets if necessary): ~1TACH "BEFORE" PHOTt'!S AT LEAST TWO aXlO COLOIl. PHOTOS, OTHEltS AtAY BE ADDED TO ACCll1lA. TEL Y DESCRIBE THE SITE). Outline Proposed Improvements in Detail (attach additional sheets if necessary): . List Materials to be Used and Construction Methods 10 be Utilized (Le. red bricb. wood panels, roof type, etc.) (attach additional sheets ifnecessary): AlTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED. A1TACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. 7 Agenda Item No. 16G2 7 '- <,---, , -----._-- Agenda Item No. 16G2 February 27, 2007 Page 31 of 49 ---- ~------- ----.;.- ~------ --- -- --- -------- ----~~-- -- --~ ------ -------- . ------- ... ,,~ " ------~_.- _~--.-..o.---.-- Agenda Item No, 16G2 February 27,2007 Page 33 of 49 -- MW hilt..... ~ w..~ F*uIy 1.2001 AMW f'- 1~-'4""", ~-..... c:ancr-.1...t....dIIDn ec IhIdon SIruduIaI =: ...... ...... 1118.Mpart RaM Sault ..... k14112 All: Qa..ll....~ 1711 AIrpaIt "'-i 8auth ....... FL M112 0. MN. RuwaIID: .... ....11 ~~ I ...ckr.- SIt.ICICO Drywall MIIaI fnHIIIng 1he....... CompIa- Jal-fJ 1IIId tD .. 1M pravtIIatl of.. ....... n... 8hd........... .....IIIY tD ...n .......... oIWDrlr....... to the __,... 1. PrtIJ!~ a.n tD ._.... tat.. aIMt ~...,.-'..".. 2.. ArIPIr.'- ~....1Dn .w1t..o __...... cana-.._ID......,....... a. AIIpIft" ....~_ .....1ne-1nah ... MU liB. 4l ..,. .... ~~...... - I.", ID" peml ~.rf1l........ .... ..... a. ,.,. aaat~ F-.1an.....1 &.In 101M AaryIc to....... c...... __ CdDta tEl be IJI '-J. T* ,.,. .............................._....................................................... .at. AIrt wark nat InaWIId In .. __..... .. be..... on........ - r\1 ............. be IrMlbd _ faIIDwc . .~........CIGt'hoIr(bwllt1m8 tam MriII.. __ ......_ tit..... mllTI.......... .. tar................ ......., . ".---iII... ...._. ...... It AIdIfa CIOIIt", GL..... (1ft).. ... (1"") ""'.......... ~ to.. _....... taak ....." ID ........ JClU.In ..lilt....., ........n.1dndIr.... 1 ,.. .~ bJ....................... .., rlthII ==. tD..c-... .lIllll1 811-. arbr.......,...... "l"~.ar"" ~1Al .... dan1 fir 11 K to ........ aMoa. ~~ "K~ 811MAaaauIt ....". - .L--1Ad ~ lWa: C llr. ~ ZO'd llt-l ..._naz '"92 A!\lIIt a......... NapA., MarIdD ~ 104-3'48 23960.7i12S 1~5409&3 Faa 239+-3-6M0I 3111 SII.'" '1VIIJV .u,--J. -n: II ~V-l"'lD G'II .... L~",,:a . Il n.....__ Agenda Item No. 16G2 February 27, 2007 Page 34 of 49 lJ-' FIIX a !AXED To: RoM RuvoIto From: BKBrookman Fax: .. ItS 8... SI!"'d~'7~ OIl": Feb~ 1. 2007 AttIIntIon: P-.: 2 'ncludlna cover RIl: CourIho.. Cafe 0,. ........ COMMENTS: o For Your Rwf.w 0 ....... Reply 0 'or Your ActIon Plene sign and return. n.nk you. ...... c., ........: 0 v_ [!] No If you do not receNe .. pegee cfelrty, please calf .. loon _ paulbIe (230) &f.3.7625. 4492 MeI'Olll'1lha Awnue Naples, FtOl1da 34104 238-843-7825 1~ F_~ DH 18'c1 J.M-l "'''''Ill :lIl1 SIIWcII'O '1VIUY 1IJ.".UII .....: II .I....1G-ZO Agenda Item No, 16G2 TO:5132372 Februa~27, 2007 Page 35 of 49 /-.2..j, ~ d ~ ~"RoJ~ JFH-26-29B7 83: 3EP f'R(J1: .......IR/JIA.'JIWI""'"-- ......... · I'JID""'- · ,.. ,-- ...... 449 WIqqiNs lAb Ccur.~no'. NApIEsp RcIaIM J4~ 10. PIIaNe: (941) '96..t404, FAx: (941) f96--4460 " €ff~4X- ~V/2e tI/J?:r~ Wi ~I#(lt!~ .4. PJ'/.:J~M~e.:U {>ttI~1< / A #y /:1/ t! ~~r e/r.r, f/;u~" /hAl/ ~~'2;rL, ~ #t 6v.rk.r; .JC~&f, 5/~1't.V4(/cJ ~. ttemu~ IfU-- ~~ell.~ ~~JJ # y;~ . J J9{/J' - 14f~ t/~A ~ J-'I' 11 f/w""./$ FD8ITI5IIaI * HlllUllC.:ANE laX M' R(Nf(~ * 1NTERK)It WA.TIiR 1"ItC>n:cTION ace 1NSI..'l.A~ * Agenda Item No. 16G2 Lee: 239.939.9911 ~~~~~l~~rac\ ~e~#' ~c1128221 C II' .239 417 0170 23\7 Brunl'rLane o tar. .. fT.Myers Fl33912 "",. Port Charlotte: 941. 766-0160 {~':'r' K Fax: 239-454-1446 .," ;/.{ ..l.. .ff"..,:;/"':' .~ - NG ..~~,:e."_I~ * RESIDENTIAL . COMMERCiAl NAME HOME WORK IDA;E.. . I ' .,,:,'.. STflEET CELL FAX '} f i t"'- ..."\ ", .~~. .. ." CITY t . -, i '. .'~ "4:;' . JOB lDCI\TION /.1 ..,. \. '1..1' I' t ,.....!.... .. ER: )!l SHINGLE JTILE LAYERS YES:.J NO J SA:I ~~E 1_ :J.l GRAVEL ~MOD1FIED I EXPOS.ED DECK YES ~ NO:.J Sloped Roof: :.J YES :.:J NO Remove and dispose of old roofing material. Repair or replace any bad or rotted wood *(see below). Apply underlayment over decking. Install new lead boots, vents, valley metal and drip edge to code. Apply: :J 25 year U 30 year W 40 year :J 3-tab w Dimensional :J Shingles 0 Install feet of :J Owens Coming Vent Sure :J Aluminum Ridge vent _____"i4.__ __e,. sc: FAt I EXPoseo I TIf',IN tFlator Low Sloped Roof: J.tYES :J NO Remove and dispose of old roOting material. Repair or replace any bad or rotted wood *(see below). Apply underlayment over decking. Install drip edge and white granulated modified roofing to code. HRr VA: EIII COl.OR -~..' -.....;.."Ij ..~.... ."./'.. ." FW: :~~ ~'_t:~ ~. .+ ~. ;~r' J r' ~V: DV: .r ;.',.. ",.. .... ~. ., ~...." .....d" ~ !"wI'..-.I.. ~~. "(..;:) : t~' .J': -. . ~.. ':.... ~.' r:'" ,.....'~t.~~'.;~.<..f., ._ ':.,:." 1"/ .Jo1" . '.~i", ~. .' /~. ; 11/2 2 3 4 .-' :~'~~" J' .l ....."i '..', .. ~ 'Is: EC: ..'.t . "'" ," " .. 1 ,. '; tf"... ~'t': .. -,":, ir ../.... f. . -.' " .". .:......" .'- ,J RV: EC: COI..OA .... ": ...... ...,'.... ,.' . .~. ~ .: , " :'." :-~.' . . .' . ...... -j" .; SOLARr VESJ NOW' ~ 4 .."r,._.... ','.p .;...; ..... " >I..... ,:/ 1,.,', .,. ,- ,.-. ..;:~>, ,')."'".. i. SKY LIGHTS: SATELUTE: YES ..J NO~ NO.":) .. t '#"";.";'... ....,.. J '~.r. ;...~ .. ',- : YESJ - ...._::- k.f ..-' ~},,- .i' ." A.Z IIDDftIg guaranlees against delective wOIl<manship and leaks lor a peIiod of ;:-- yeafS, When doing flat 1001 only, A-Z Rooflllg is not responsible for teaks coming Irom sloped area above, All material is guaranteed to be as specified. All work 10 be cornpleled ill a wOlkrnan-ike marmor acoording to standard pracllces, Arry alteration or de1Iiation from above specifications involvilg extra cosl will be executed upon written orders and will become an extra charge over and above estimate. AI 8gJellments contingent upon strikes, accidents or delays beyond our control. owner \0 carry fire. tornado or olller necllSS81Y insurance, A.Z RooIln\) wi! carry worilman's compensallon ana Uabillty Insurance in accoroance wttIl state reqUirements, A-Z RoolinO wUI nol be responsible lor any damage to the intlllior of the hOme caused by a t1efec1lve roof. nor ror damage to the alc lines. electrical wleS. plumbing or other Items which may be instatIed too close to decking. If roof cannot be loaded by !}ackino boom truck up to roof,lhe homeowner will be responsible IOf any and all addIllonaI expenses, unless specifically detailed 00 lace DI canlrclct ": ' ";-" " ~..-:: r. ,.' ,.,/ . * Any rotted wood or hidden problems that need repairs before wort< can be completed will be charged at $35.00 per hour per person plus marerials, Homeowner alllees n payments are not made as specified in tI1is coolnJcl. heishe wi. be responsible tor any and all colec\ion charges, attorney's lees and all court cO$\s, plus additional late charge fees of S25,o(} per day minimum. All contracts are subjecllO IWlew by the /Jome offICe and may be tllt'lT1ina1lld at any lime prior to commencement of WOI1t. No w8mll1ties will be jiSSUtd wlif payment is made in full, including any and all eJW"a charges foJ woodwork or allefalions U11less speciflCllly deWIed on 1he face of contJact, "'!,_'.~ t"I"~_'_:..',:,I,'..-.'.J _()' ~) ~"'; () .,",'.' :.'.! ;> (price reflects all discounts) Dollars ($ _. . PAYMENTS TO BE MADE AS FOLLOWS: (!., ~..' ';, " ;... , ii.' i"l:"-',rii;~ ..'~ NOTE: This proposal may be withdrawn by us if not accepted within days, ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are aulhorized to do the work as specified. Payment will be made as outlined above, PROPOSAL Page No. PROPOSAL SUBLtmED TO ---v11":0 WEINMEISTER ROOFING . CCC029839 c;((.I):17/71 574-1490 Faxl 573-6601 916 S.E. 9th Street Cape Coral, FL 33990 \'i if e nt")sa 9)+90096 PHC>>E1 239 297646!..~ DATe Jan I-~ 2007 STREET airport Fulling ann navis blv J08ftWttE ,,,'hi +-ehouse cnv, STATE AM) ZfP CODE ,JOe LOCA'nON ARCHITECT DAte OF PlANS JOe PHONE We~albmlt~.MCI~for: Tear of e:glstlng f 1a+ ~~ck R}1n E:;hlngle rnof. All rO+-~fm w(md re'!)Lac.e~ F.l+ 40 nolltirs per hour Evlnl+-+1nnal plus mEl+:erlA.l C.I'H~+-. Bul1.tUn~ mmers +-0 have ae. unl~ nlss~onnec.+en prior +:0 rnofinQ:. All new nrlp enRe pipe flashings valley me+al. On f la"t inst:f,11 a f 1 berg less. base ~hen +-orc h apply a whi+e monified e~p shea+-. ::a1n rnof 2 Layers of paper to c.omply 11'11 +-h .to'!4 811"')p~ -(('life' an'; q, .30 year funp.-U8 resif':'l-ant; snin~le. GflD,rantee our work: fl"ire years pull permit" c.lean job haul away all nebrls, WI! PROPOSE hereby to furnish material and labor - complete in accordance wilt1 above specifications, for the sum of: doIIar6 ($ 4 ~ 7 6 _.............IllIll....-......~......._lIIIIIlIIIlt...... .. ,-----.. ="'_.dIiIIIIIn.............._cee.............-CIIlIIIL... ......u.....-u ._.......... If' 1L.~_I~ ,.......--........... s-.....-... o.r...,... .........-,....ar....u,...........QIiIIIIIIIlI..... ....--.- CIIIatr.liIIIlIllta..............=......=.....'Il!Ii*....-_I..~ ... NolB: This prDIlOUI mlI)' be ......,_............ ........... ..CdIdiIrIl-u............. ~ br .. if not 1ICCeI*d....... ...............-- 36 <Ilayl< , ACC8PTAIICE OF PIIOPOSAL - The IIbo'I8 pricea. ~1S and condIIionS .. uIsfadoIy 8I1d are henlby accepted. You 11ft! aultIorlzed 1O Signature do the WOtk as spec:ified, Payment will be made - outlined 8boYe. Signature Agenda Item No, 1682 February 27, 2007 Page 38 of 49 BWU.'WNDI8~ ............. .... -lIW<lll...... ..... .wv.d......... uo iE*WOi1:NNS8 .......-...,.. ... ....... .011. l_. _..................... ~ Wl~L' ILlU.lI a 1111 .. . --........, 1IlIlId................., L'. -..... ......................-.a.... ........ .,.......,.....1/)...... U....... II..... ~ .... ..1lIIt1f - at............. tIN.L lDeoIIIO...........,.. J a: :Ill ..... ...... ......,,~ ~-l ~T'" It ........ ..... ut '-lID ......... '-..00 -..m................ . . NIl........ GIN , 'V'lI . ...................... ~ ".r: ................. ........... ell... ................ WI.,. J"JIlMIIt........ U11I1.Jr_ ..... 11. .. ..~~ Ill~ __.9 1KItI...... -UlJlU..+-'IOC)".""W ."........aaJl. I-.....~ I .IV .......... OO"ElSS '1V.J.W. y~ CJIX) ~."a ~ oo'u .~ -.s .9t x .AIS.,: tIZJS SLV-W Aam .WIIfJDI KUlA (MOI.LVAa"'DlllYBll)S3Jift'U ~ HI IIWIO IXH'1d nIIOllDCB B::JV"Wn -'ZY'1C81I ~ IIII.U J.OO"OSS' 'WJ.QL : a.ue QI. NOLL:.lJAICJ I.tS9-tQ; 1W OIIK "IIIW'WYN "s '(II aoarv 91LI B&IV:) lDVA DnIOO :awN~ au a.. ~ .'MOIaId tiW 080"-1019 (eR) :XV~ ooeo-~89 (eEZ) :aNC>>Id tZ8&.-eo &.W; 1:1 '8:r1ctvN "O~'3J.S '(RI H01AV~ .~9 1I0J.:KJa ssns ...,tISOdOlld t8 ~ ~~ S9f"J9 ~ 988tt69 S9:68 L98~/ga/~B F.b 01 07 01:08p Gr.phic SiC" Solu~1o". 4f1r. ~ ... In AIn: 13826 n. dIMlIInd 8V8 N. FoIl.... Fl33903 "..,.,.." For . TIw* ~ for tIIIdng time wilt me, ..:I far your if....... in tM1i'DIgI.l u.IId beIaw .. the quafIIIOn Oft IJMI.... we ~rr. d If you ...... qu.JI~. pIeMe CIII. ThenIt you.. lell ~A~ ......ColIa IIdD DIgIII ~ I$IM [:.- 1. ~JU ....... ...... Color ~ 1 U coIar 1.1:10 MIX)""'wM M <<*r..... 21Jcul1........... CIy ,."", ". . - "rB .....t..o.ae.1 72.OIl v..tIaIl 4GO 239-995-7440 EsfImaIe No. EIh....... 0. ADct "= Ten.: .,.... Fa: &II1II: -= Need ....... ta 11M Older. TN....... _ tar eo..... ...... __....... Mdt I..." ......4 o.ptlIc .... ~...... _ lr.., d.. aIIkIm ...........___.,.... infuC. ............,... to..,.., fIInIIIGII........OI.....,. An ...._ on......... Ia. 1&-,.... ...fII...... ,..... be....... _... noClllM'Ol""_ __ of... an........ "-II....... wtlIIOIk....... 1M............... .............. ~'l' II .....T... ..... Ta .......... TaIIII: Youra 81ncent1y. Todd s-.deII Agenda Item No, 1 f::iGL Februa~2"b 2007 Pag~ :3~ ofJ273 113tJ2OO1 1&4 C.O.D. 231 "''''1'''' Pll8ee $871..00 ToI* Il75.OO _5.00 $158.60 SO.OO Si,D33.lO 13Cli28 N, CIIl._..s lINe. N. FaIt""" A. 33CI08 ~ 238-885-7448 Fa: 238 - 7440 ~- ... ....."*.......~) PIIlIlt , or 1 Feb 01 07 01:08p Grephlc SiC" Sclu~ton. 239-995-7440 Agenda Item No. 1682 Februarll' ~1, 2007 Pa\:1e 4b of 49 : Uf1t fL.. CW.ninnd A..llJ~ .'....a r.t.PIS. ......n'lS "DIIerhtRe.lZJIJ '15 SI&If (7446) · ......lZJIJ 915-7441) ......-.rhll:..llfn~UI Dr ~ FROM. FACSIMILE TRANSMISSION ;1... ~l- 01 ~oS4: JUlIO.: 513 -;2 37;l 'fb~' ~ 'IOTALMla :2 OUD'1"e DAlE: 10: IE: ...... tIIIa ..... I 1. 11T........lu rrff r -_11- rlf""_"_"". 11 r- -........... ...... ... -. r _If"'. 11 1'II..r........,..- n 11 r .. 11 -. ~ -..A" , ""'1 -I." ___.dh. __.. 1111........... I r::r ...... NI'-m n'o~ '-10,,;:;; ~Nv , r--: ~ ~NQl ,... 2:' OJ =roro 0)==0... ~-D COO) ~l.L 0) Ol <( I ~" :~Ij l:?i~) ':I..',; Co od" ~ :-.,...:-~~~.~~~;... ~. .'~fi . ~, . 1:" /..3....: ~'/t~:, " .~);~~" "t .(j}--' ,"i.'; :..~ ~~t I 7/f" ,i!~ J't, "~" .\:! '''/'_'''-'':.~':' . ,.~..,v_.~.>,. . "'~ -<~!C'/~~~'(-... .. ,,~_:'.~. ~. 41 ~ ~ ~~~ ~ III!!'t' 01""'" :u ~ ~2; ~ ..... ;S Q... ,., a.=Ef1:g ~ - 000 "' l5- , , eIJ.. ~ ~ ~- ...D~ __c(~~,_. tft :"')"a,Vl ~ '.Jtn (\i~N - S! Z ~:.. , fJ) [ i' -; i .. ;S I 1 j 'i ~ (I) ~ i 1. ~i . ').; Agenda Item No. 16G2 February 27, 2007 Estimate No. Page 42 of3158 Estimdt PrInIId On 1fJ112OO7 Acct t: Terms: .;ourt ~ Cafe & Marttet Attn: Rasa Ruvolo 1716 AirpoIt-Putfing Rd., South Naples, Fl34112 105 2/10 Net 30 239 Z98 6547 I 239 949 0096 Phone: Fo: e.....ll: PNpated For Rasa RINOIo. Thank you for taking time with me, and for your interest in NewSignsl Listed below is the quotation on the Items we dIScussed. If you have any questions please call. Thank you. e.thn.. o..ortDCIon BOMt ...... for... ....... front. BoInI .. condnIc:IN 01.... wood. .... OCMI'M. wIIh vfnJIlIIIIIItng. IIlllIlnTT J .... ..... .......... Product Code MedeX .50 o.crtpIIon Product Code Edge Deecription Product Code PERMfT CITY c.crIption Pruduct Code ,~ _. .'....ption Noles: .... Color QuuIIW YertICeI HorImlI.... If ".. 1 WHIlE 1.00 1.00 1,00 J.ji? l( 1;1 IMII8 Mbod boIInI..".. WI)t~.:<IO.x72 ~ fl2lnt:h thIdt lSIdM Color au..tIIr V..uc.I lIortzoutlll 1 nIII 1.00 40,00 72,00 Vln)'t Ielletin(lIor bt>>nJ .. as",..."ed NI ",. 89' ~ PrDe TGbII: $ 195.00 $195.00 PrtGlIO TataI: $ 230.40 S230.40 Prtce . Total: $ 175,00 $175.00 PrIce . TCItIII: $ 182,30 $182.30 PfItmIt lor QJIfier County, unIIQIJtet1 sign plus eoquIIItIan ,.... .... Color au.ntItJ v...., HarImI.... 1 1,00 0.00 0.00 ~oIlhe."'~'Idd~ i Sub-Total i Sales Tax I Shipping j TObII: -_._._--~-- ----"-------_._- $782,70 $46,96 $0.00 $829.88 i.__ .__ _____ ___.. _~_______ You... Sincerely, Jam_ Woodley 1253 Airport PuIIlng So. Naples, Aorida 34104 Phone: (239) 659-0501 Fex: (239) 669-0603 (woodleynaplesOms~m) 1 of 1 Agenda Item No. 16G2 February 27,2007 Page 43 of 49 PROJECT INITIATION AND COMPLETION FORM (to be submitted with Site Improvement Grant Application) ~ .J2,:"tA ~v"i~ ~ IJ f.. ~~ t . QJIrAel'ltenaD.t of the property located at F)J {. .tl~ ;C,{ .s: ,,'< .~~ . have the fundiTlg and capability nec.essary 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. !!~~ Signature of erffenant (Commercial only) .~tD. ~bi~l~ Signature of Ownerrrenant (Commercial only) (if jointly owned or leased) / /3/ l1 ~ , , Date J /3) hJ Date Signature of Ownerffenant (Commercial only) (if jointly owned or leased) Date 9 Agenda Item No. 16G2 February 27,2007 Page 44 of 49 (5: i~Of ~~ . 81 \ (if jointly owned) COMMERCIAL OWNER AUTHORIZATION FORM .........._'v.~~ (to he nbmitted witIa Site hapnv__ Gnat AppIiatioB, if CGIUlerdal...... is applicaDt) I, ~I.&r..,.., + te J,.:f- fI. t;.h:r J , owner of the property located at .J3:.l ~ A\... p-.\. €d... <; " ~ les I FL. understand that V \J.o ~ ~~ t<U:vO\b . who bas a valid lease for the . above listed ~ for two years beyond this date, and authorize said tenant to complete the . sted under Section 2 of the completed site improvement grant application the Collier Comty Community Redevelopment Agency. Y~dOT Date ~ (10\ I 0 1- Date Signature of Owner Date (if jointly owned) STATE OF: F\oy\O-o- COUNTY OF: (\ ~\\ \ '€v- The foregoing 0wDe.r Authorization Form was executed before me this 0\ 0* day of ~~v.o..~ .2001- by, ~ob~< ~ I. of ~t'f it . ftJ~owner of the property located at l'Tl<c, _rt~.s,:~PL ~'/),_ who: 2:5:-. is penonaIly known by me OR _ who bas produced as proof of identity. Affix notarial seal PA'nlDAU!E PIJII lit' COIIv-t.DO 2lI58IlS EXPIFES: ApI" .. ....,....,...~ ~ Q...Q.J1- p~ Notary Public (Signature) PG\tr\ e.\o.... L~ e, ~~h Print Name of Notary Public Commission No: \) \) ;}q S ~ <0.3 My CommiBion expiJ:es: ~,;)VJ loe 10 Agenda Item No. 16G2 February 27, 2007 Page 45 of 49 POINT EVALUATION FORM A point system will be used by eRA staff to evaluate projects, using the following 1ab1e (application must clearly indicate what project provides to get the points associated with that item : PoINTS FORM or old PobIlII Pobtts Aftilable Awarded 1 I 1 1 1 1 1 1 2 I 1 1 1 2 1 2 2 1 Subtotal 5 ( 5 ( 5 5' 10 S Subtotal TOTAL .a blic entrance or monument Ottaer Criteria Applicant bas funding and is plepared to begin permitting process and hiring of qualified contractors immediately following CRA approval and complete all work within one ear of val b CRA Improvements will allow applicant to remedy existing code enforcement roblems 1 time Site Improvement Grant applicant (repeat applicants qualify for points if t not awarded viousl or 2M oorrunercial site CRA contribution of 25% or less of the total . oct cost CRA contribution of 26% - 50010 of the total . ect cost NOTE 1: Any alterations in the project must be pm-6ppIoved by the eRA to avoid revoadioo. offundiDg. In die event that the total funding request ftom aD applicants exc:eeds the amount awilabIe for this pant cycle, funds will be aWll'ded at the final discretion ofdle eRA bued 00 the merits provided to the redeYe10pmcllt area.. NOTE 2: GrInt is for renovatioof'uaprovement of e~ structures. GaDt may be ~ far imprcnremeats made to "existiIIg" stnICbI1'eS 8S part of. new CODIb'udioo project (example: buJriauIe quality window replM:emeuts on existing structure as part ofresideatia1 room addition or COIDJIIICI'Cial office cxpeasion). 3 Agenda Item No. 16G2 February 27, 2007 Page 46 of 49 Semon 3: Project Cost Information Estimated Project Cost: ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST IIA VE AT LEAST TWO (2) WlU1TEN ESTIMATES OR QUOTES A1TACHED TO THEAPPUCATlON. Estimated Requested from eRA S Residential owner-occupied (up to 50010 of the total project COS~ 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 cos~ up to but not exceeding $8,000.) COPIES OF ALL RECEIPTS AND/OR CANCELED CHECD Wll.L IlEfJUlllED UPON PROJECT COMPLETION AS PROOF THAT ALL MA.TEIU.A.LS AND CON'I'RACTED IMPIlOYEMENTS HAf"E BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL AU RECEIPTS AND/OR CANCELLED CHECKS IL4 VE BEEN RECEIVED A.ND VERIFIED. J hi !o 1 ,; Date !o / /3/ 07 Date / 2j~~? Date / 8 Agenda Item No. 1682 February 27,2007 Page 47 of 49 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier Coun.ty Communi):y Redevelopment Agency (hereinafter referred to as "CRA") and~~v..~\u f V\~ ~5'11 e.. (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 $4,418.87 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of $ c.j. "1-' g. &7 dollars on ("CRA Approval"), which is 33% 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 of the Grant Program. 2. Owner is the record owner of property described as 1716 Airport Road South, Naples, FL 34112. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated February 5, 2007 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 eRA Approval. Owner also agrees to fund at least 66% of the costs of the Site Improvements. FY2007 SIG Agreement Agenda Item No, 16G2 February 27, 2007 Page 48 OTztt'-~' 5. CRA has approved a grant to Owner in the amount of $4,418.87 to be administered pursuant to the terms of this Agreement based on an estimated cost of $13,390.50. 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 of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work., Owner shall submit to the 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 66% 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 eRA. FY2007 SIG Agreement 2 Agenda Item No. 1682 February 27,2007 Page 49 of 49 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. ~.~ C WI r SI , ~ J~ Cj~_ Printed/Typed N~ OWNER: y By: ----!c)6'Cf -.'/. ~~ V' /~", :.?---Y PrintedlTyped N~ e &Je ' , (2) :J~ P ~"'- Witness Signature \('\ ~'" Pe.~n Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: 'l1v~~J -(};tL,~'1-f Marjo . dent-Stlrhng (J Assistant County Attorney FY2007 SIG Agreement 3 Agenda Item No, 16G3 February 27, 2007 Page 1 of 27 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3148 Van Buren Avenue. OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3148 Van Buren Avenue. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC RESOLUTION No, 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare. . ., ' BCC RESOLUTION No, 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive, The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): · Site acquisition and infill housing (Illustration IX-14) · New multifamily housing (Illustration IX-14) · New single family housing (Illustration IX-14) CONSIDERA TIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire Agenda Item No, 16G3 February 27,2007 Page 2 of 27 vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: 1. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. * Offer builder incentives, if necessary, 8. * Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. * NOTE: The CRA has applied for a Community Development Block Grant (CDBG) through the Collier County grant office. If awarded the CDBG Grant, portions of the funds will be used to satisfy objectives 7 and 8 above. The CRA commissioned an independent appraiser to assess eight (8) separate mobile home sites in the Neighborhood Focus Initiative area (a blighted area). On December 27, 2006, each mobile home property was appraised at $90,000. On January 19, 2007, Mr, Warren Stubli and his family (Robert Stubli, Lawrence Stubli, Alice Barbara Collins, and Ruth Phillips) offered to sell the CRA a mobile home lot and trailer at 3148 Van Buren Avenue, for $90,000, a price consistent with the appraisals of other mobile home lots in the neighborhood. Because the purchase price is less than $100,000, the County will perform an in-house appraisal at a cost savings to the CRA. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board on February 6, 2007. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative, It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA), ,- Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile Agenda Item No. 16G3 February 27,2007 Page 3 of 27 homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit), FISCAL IMPACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues, Wachovia $7M Line Of Credit Summary Purchase ,~el-'~~ ____.~____[)~t~___n: _______ Address_______; ____~!!l~.'J_l1t__ i $ 7,000,000.00 1?_~_c~~_ ,,__, ____ , f~llet~~=~=~~~___~~~= '-6~A~:g~N_()n~-_Bay'sho~eDfi~~=_~_-~_=-=~=~~q(),6()().0_() ~'i!:-<:>t_~2rai~!__()c!i~~rlCl_______, . ,__._.3008 Van Buren Avenue__ _,_____._1}~~~~O',90 MH Lot-y'a_(;arlt__.()di~I"I!_<:l_~n_____________________l ~r1~_~Van _ Buren AvenUE!. __"_,, _-95,6~iO~90 ~!-I_Lot - Trailer___;_S_tubli_ _____, ___ i31~8VClnB.~rer1_.A.vel1_u~~_____~_9,-999,OO MH Lot. Vacant Owens ,4048 Full Moon Court i -90,OO():6o tyI~-iJ~==~2~canC=~3LJpes 3252 Lunar Street--- ---- - ---- '--"-~():OQ5~09 $ 1 ,895,000.00 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. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDA TION: That the Collier County Community Redevelopment Agency: 1, Approve the attached Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3, Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4, Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5, Approve any and all budget amendments required, Prepared by: David L. Jackson on February 14, 2007 Executive Director, Bayshore Gateway Triangle Community Redevelopment Agency Item Number: Item Summary: Meeting Date: Agenda Item No. 16G3 February 27, 2007 Page 4 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G3 Recommendahon for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA resldenhal mfilJ proJect: to approve payment from and authorize the eRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit In the amounl of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments Slle address 3148 Van Buren Avenue 2/27/2007900:00 AM Date Prepared By David Jackson Community Redevelopment Agency Executive Director Bayshore~Gateway Redevelopment 2/15/200712:39:41 PM Date Approved By David Jackson Community Redevelopment Agency Executive Director BaY5hore~Gateway Redevelopment 2115/200712:47 PM Date App roved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15/20073:19 PM Date Approved By Marjorie M. Student.Stirling Assistant County Attorney 2/16/2007 4:01 PM Approved By County Attorney County Attorney Office Michael Smykowski Date County Manager's Office Management & Budget Director Office of Management & Budget 212012007 1 :52 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20/20073:42 PM C"0r--,... OON <.DO~ ~NO , r--- L.0 ~N 0) :>.OJ ,-....co CCUo.. O)::J - .... ~.Q -00) CLL 0) OJ <C @) = @llc:J g g ~ @) --~~ (::=1@:, @!l ~ @ E':::J ~= @ ~ @) .g~~~ @/i)@)~~ ~c-:J \::;:J c:::I lii3&3@)g ~@3@5@R) ].8 _=.io -E~!oJ5 .81-ol:s .c: 1IE.c:J: 5!'~."a~i .il.IC.l1D i~ !is i~iioi :~~fil. l:lt "aiz.~ .Elc"a.!!= E.2;;t:~ .2lil.J 5ie.li j a." i -E -',S joli .8 .!!ll:j.l .-!.i!l!>!>> ia.Jt,,= ~ i ;- i 1 -:&.1:50 ..!!~!f:cl::J t:r.:a3:-a1lll '-- 5 Jgo E- ~2 ol. ~~ c:c:- ::J::JC: 88~ ~~8. C5C5tl uuo b~ O~ o .ffS ..,;:: :t G)"t:"- ~ \;, 0 c:: ~O.Q- 1=.c:.c:CI) :s ~ t>> :3 l= ~"_ (.,) ~ ffS CD 0 ;;!CD2:LL .. ~ ~ - 8 ~ :&~ C a... .a-2- 0 .. ~..! i.!!-at! CII ! ~ 1.2;0 E!~~.E 0 ~ a.i~ ii .a il~~~=I-B~ ~ ~ I~! ~~ C e;~~.c: l:lt~ i "1.1 ~ I ~ ~ I ! t i it &,~i! ~i i j.,. ::J .i.~ ~ Or~)Ii-l.EloC i~Et.l>r~ ~r~ili~~ i.c:~! Olll~~r!il!iil!lr;lE~fji ~.2~2-ri-~~-.r~~c~~..!!I~~ .~il!11I~I'~I~II~g.ii~i~ ~g~~~~~~; ~~~~~~egE!llg jg8NN~NN.._~~~~~88J:..c:=g t~N M~ ~ G~mo ---------'---~ "~-_.---~--~ ..__.-.<~-_. r >~o~ if .a-!~~ ~= I(O!~~ ;:;: I c1'N .0.0 ~it NN Ig~~ i'i i ~5 e ~ :i5 _~ =5 O.....N ....~ (,)N":oONNCD clDuouiu.:c; 1 1 I I 'I I I 1 I _J ORIGINAL -k A-WiUVt"~ yt:mda Item No. 16G3 February 27, 2007 ~ age6of27 ,;~.~ lH Rf ~LER: SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) 41lQaHU ~ srv...6u-::Jlt. Alice Barbara Collins & Robert 0 Stubli /8327,.coa/s ree /ZJ. 1I~j).sdLJ.. BUYER: Co.!!~r County Redeve'opment Agency 9z/f7 ADDRESS: l!i_~PlealiE.[Ij Street ADDRESS: 3301 Tamiami Trail East . Montp~I!~r, 9J1jo. 4}~.41::J jiq.__~~__ Naples FL 3~11.?__,._ UPON ACCEPTA~jCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed tc sell and BJYER has agreed 10 buy UPON THE FOLLOWING TERMS AND CONDITIONS, the real property hereafter legally described rProperty"}, together with fixtures, including bUlIl~n appliances. refngerator. stove, dishwasher. washer d!'fer. ceiling tans wall-to-wall carpetJog, window coverings and None and the personal property, il any. as Ils~ed on the attached inventory tree trom liens The following items are specifically excluded from this Contract: None Personaf property items transferred with the real property are deemed without value, left for the convenience 01 !he parties. and transferred without consideration. unless otherwise agreed to by the partieS, LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S): .Kellv Plaza Lot 7 . Naples Collier County, Florida. LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNITIS}: linitis) No of , a Con:Jomlnium, according to tne Oecla'a~!on 01 Condom.niurr ~er8d, :-ecaroed or referenced In OR. Sook __'___' P~ge __._' Pcblic Records 0' County F!orida. Ij ,p;;iic8ble. SELLER shall c0mey SELLER's ~xc!usive nght m use Parking Spacers) .._.____. 2atana(s) _.___. Stc;'J\;e Lv6.~r(s\ ..____ .__ Boat Dcc~ls) or 2Ii,(s) Ex:::i..slia ~,;~t of Li~e and the i!ght to ::'or:'.Jay. , or CU1d( ~0mm0n efer'l.~r.ts 2Jnd ';;'~ll1rl1Cn 3r~as Ie ,,,'~:ch ~ELLER has on iF T;~E ,:RQ?E~7Y IS ; COCPERA 1:....= P';RCEL, i;-:E ()):JPE,v.T:1/E ?,O:=N~;jM 70 S,A.LES ;:'Ji.r~RACT ~FES::'::.N:1AL ;;'.1FR''J\''ED PRC?ERTYi '5 !'.,CCRPCRATED :iERE!N AND rl.ADE;~J INTEGRAL "ART OF TrllS CONTRACT. The "dccess 01 C,"8 P'c';-=~Y is. :314~ Y:JD-~-C.~r1.6:'$~~~ Naples. FL 34112 Folio 5270028000g ~ff 1, PURCHASE PRICE: Th~ ~u':hase pr'Ge fU S.), IIhich is alocated:o real prcperty o"!y "oless o;hcrNlse srared. Sh311 be PJiab!S as fel'oWS. 90,000.00 L. _____..~6uo A. !::iba! Deposit. ~r. t.i;e :rr.O:":.'lt of $_ a. ACcitonal JeposlIIO be cecelwd ,n eSlTCN nallaler !l1an ~. days aff.er the EffecI:':e Dale In ~re amount "f . 5.. _ 1 o GO_DO C. "roceeds Q: mO~das;f ,f any [See P:1ragraph 4.8J D. Other' .____..___~_~.~.. _________________ _ __.______._ ._~5~_._____. E. Ba!anGeGI \he ptif-cnase pMce cylocal cashiers cr,eck or .>lre transter 'Lnds at c1c6ing. slJb!ec~ to a-:llustments and prorations, ot approximately Ceposll ch':Gks ale accepted SUCjEct 10 coileC1lon m,,,O() , 00 ~Qa 08 c:tR /. ;; 2005 Napl.' Area Beard of REAL TORS(!land Association of Real E.la!. Protti.,onals, Inc. All Rlg~,t. Res.,"\/,d INAaOR ~1.'1.20a5J ;"f.;;:'::'';;;;:! :;J' :~e ~-},ar::;c ::;:an: ,1;.,:ea A..5S:j::;,a.~ic.r. 0: ~f:AL -;:::RS2, ;r.-=, an::: ~,e Cclllif :~:"'~f Ear '~-s:;:X~j;jt:~_ P::.ge: 1 of 9 Agenda Item No. 16G3 2. PERIOD OF OFFER AND EFFECTIVE DATE This offer or any counter-otfer is revoked if not accepted, and notice of acceptance giveli1eliJitbary 27, 2007 or counter4feror by 0 AM 0 PM an ~___._ pnsert Date}. Th.s time limrt shall apply to all offers anlrage 7 of 27 counteroffers unless otherwise stated. The Effective Date of this Contract shall be the last date either SEL..ER or BUYER signs or initials this Contract. INITiALED CHANGES MUST BE DATED. OR THE LA-EST DATE SET FORTH ON THIS CONTRACT SHALL 3ETHE EF"ECTIVE DATE 3. CLOSING DATE: CLOSING LOCATION: CLOSING AGENT: POSSESSION' ClOSing snail occur on __.. Aoril16 2007 {Insert Date}. or prior to tr,at cate Oy wntten corsent of bolr parties (the 'Closing Date");r. the county where the Property,s located. at an office deslgnateo by the clOSing ager,l, who shall be selected by BUYER BUYER shall be the legal owrer Oi the Property as d the closing and SELLER shail vacate and give possession :;f the Property atlhe closing. SElLER shall leave the dwelling(s) on the Property in broom-clean condition and the entire Property tree of debris. 4. METHOD OF PA YMENT[SELECT ONE. IF NO SELECTION IS MADE. A. SHALL APPLY] ~ A. CASH BUYER I'IiIl pay cash, with no financing contmgency 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obt81nlog a loan. in at least the amoL.nt shown in 1G. above to be secured by a mortgage on the Property at [SELECT ONE. IF NO SELECTION IS MADE. 11) SHALL APPLY] 0(1) an 1~ltial or 0 (2) :Ixed rate of interest not exceeding _ % per year, for an amortized lenn of nolless than _years [30 years If left blank] With a balloon not sooner t.~an __years. BUYER shal', apply 'or the loan at BUYER's expense not later tr.an ____ days atter tl1e Effective Date [1C days It left blank], and shall make a good faith effcrt to obtain said loan If BUYER fails to give ~o!ice to SELLER of waiver of tris '!1ancing contingency on or before {Iosert Date} [30 days after the Effective Date If left blank), either SELLER or BUYER m3Y terminate tr,is Contract at any lime. SELLER's nght to termmate shall cease to e)tst if BUYER gives notice 10 SELLER that BUYER has waived this financing contingency pncrto SELLER giving BUY ER r.ollce of tenninaton. Delivery of documentation evidencing loan commitment or loan approval shall not constitute a waiver of the fmancing contingency. BUYER acknowledges that once BUYER waives this financing contingency, BUYER's deposit monies are no longer refundable under this Paragraph 4. 5. CDDIMSTU SPECIAL TAX DISTRICTS If the "ropeJty IS located within a Community Development District (COO) or Municipal Ser,ice or Benefit TaXing Unit (MSTU; [SELECT ONE. IF NO SELECTION IS MADE, A, SHALL APPLY] ~. SELLER will pay In full at closing any outstanding capital assessment balance, OR 0 B. BUYER will, at closlr'9. assume any outstanding cap;tal assessment oaJance If B. IS selected, the Addendum 10 Sales CO'I~3ct ~ntil:ed Spec.a! Assessmenb.:-:-3,es C:sclosure' must oe completed and sgncd by SELLER ar\d BUYER and ar-acrad to and made a pre of ~~:s Cor.tract 6. INSPECTIOhS: WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPL Yl ii1i'A. INSPECTIONS. BUYER reser,es It',e ;I}h: 10 CQnOuc: ihe rns~ect:~ns ~rG,,[ded :or In Sta~dard w.2.a.. OR 0 B. V'/AIVER: BUYER aC:,8Dts the ~moerty iOl its -as is' ::;O:ldi~o!: d~ Gft~'le Ef!ectivr:: :.~te, i.'cl~ci,.g the cG1d:ilons d'sclosed In Standard 0.1. or In P3r3grao~1 7 BUYER may conduct Inspections of the Pmperty. h.::;we',er. BUYER's obiiga~an to p:..i~Ch3Se ~1t: P:operty ;5 r:ol con~:nje"\ upun t~e r~sL.::s sf a:ly ,Irspf:ctions. Howe....er BUYER retains the '/,'aik-lt-.rC:Jgh Il:spe(:t;on ng.1iS se! 10rtr :n Stanaard 02 c.(2) 1,3). and ;4) 7. A, OTHER TERMS AND CONDITIONS: ~hl~<:,o-'2lr_actls c?nt'n9ilnt upon final approval ot the eRA _Soard of Direct~ c.~y and aUlJcokerCl9.t!_~q[l1l7'.i~Slor1s.Q~ees shall be .\!l~_sole rS22onsl~~I.!LQ.f the Seller _____._u -- 7i-M-f.{il_~~c:.0:2.E-tl~j.J.f)'~--B~.,S}.iLLAI/.P ~Ll . /A/__ ~t4L ..J/;#LS 'ft ~'l ~ SEl:fg5~~~~~)1- - uun___ --- -~---- . --------------------. ~_. .-----.--.. ~ ----. .----- SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11 -11.2005\ PAGE 2 of 9 7. A. OTHER TERMS AND CCJlDITIONS (Continued from Page 2): Agenda Item No. 16G3 Ft::L.nuary 27,2007 Page 8 of 27 ApprollArl "Iii te form Ii Ie I S ' !:I'll UT7IClency 11}0 '--~~,. - ~.;;~~ r:2n fJ;::th,ol.- !7tt1.b,.' I , , TV orney '(J B. ADDENDUM: If addittonal terms are incorporated into this Contract by separate Addendum, attach same and Indicate here 0 REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR MODIFIED EXCEPT IN PARAGRAPH 7 OF THIS CONTRACT. ~..I#c ~ A Y -:;;;;'.,11, ~ {)lit ~ate) (Buyer's Signature) ~~e ,Sellers Slgnalurei i!)ate) YL.AtlJLG#es-22_fIVAL' W:.. (Se::ar's Printe<1 t'.Jamel ;Buyers Pnnled Name) ...... -1 /'~; ~ L, f. _.' . , , ..' ~ " (Buyer's Slg;iatiJre) - --.- I . fr; .~~~ :Sellefs S'gnatL~'?) (Sole) ./ ,]}.,...~L~ J?, U0_', (r.Jdit?;. (Selle's Pnntec Namel I.Bcyers PonIed Name: 6~\\J~ 1> \ t~..ez:::n;..t- ~~H4~ 6:A-1liifV~ nu~ c.a IDENTIFICATION OF BROKERS AND SALES ASSOCIATES listing BrOKer Mike Hughs._Downlng-Frye Realty,lnc Sel~n!i Broker: L:stmg Sales Assoc:ate' Kat~y Smith._ ____ ____. Selling Sates A,ssociale: ___, DEPOSIT RECEIPT initial De pas 11 by 0 cash 0 Wife or 0 check received on __. Will be held in escrc....,n accordance with the terms and COnditions of thiS Contract . _ __ {Insert Dale) ReceIved by __. _.__ for delivery te: (Escrow Agent) SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY} (NABOR 11.11.2005) P~ge 3 of 9 i3 .dt' ORIGINAl~ No. 16G3 ... 27,2007 e 9 of 27 SALES CONTRACT (RESIDENTIAL IMPROVED PROPERlY) SELLER: Alice Barbara Collins & Robert D. Stubli BUYER: Collier County Redevelopment Agency ADDRESS: 114 N. Pleasant Street ADDRESS: 3301 Tamiami Trail East Montpelier, Ohio 43543-1146 Naples, FL 34112 UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has ageed to selll111d BUYER has agreed to buy, UPON THE FOLl.OWING TERMS AND CONDITIONS ,the real propertyhenlaftBrlegalydesailed ("Property"), tDg8Iharwlthlldures, ilckIIiIgbuil-f'iappilllc:as, ~.sllMt. dIsIIwasher, washer. dryer, aliIing fans. waII-lo-waII carpeting, window CCMrings and None and the persooaI property, n~, as Ilsted on the aIlached inven1oly, fr8e from liens. ThefololWlg i\lImS are specifically excluded from tlis CamIct: None PenlonaI propeIty items 1ransflln8d willi the mal property en deemed wIlhout Viiue. lei b' tile COIMlIienOlI cllIle pdls, lIld IralSIemld wilhouI cOlIsidelllllon, LIlIess oIherMse agreed 10 by tile plI1ies. LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNrT(S): Kelly Plaza Lot 7 . Naples LEGAL DESCRIPTION IF TIE PROPERTY IS A CONDOMINIUM UNIT(S): UM(s) No. of DecI.-ation of Condomilium thereof, recorded or referenced in O.R. 800lt County. Florida. . Collier County, Florida, Page . a Condominium, acconIing to the . PUWC Records of If applk:able. SElLER shall COI1yey SEUER's exclusjve right to use Palking Space(s) . Cabana(s) Storage I..olierts) Boat Dock(s) or Slip(s} , or other common elements and common eJllllS to \Wtk:h SElLER has an exclusive rigllt of lI58 and the right to convey. IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT. The address of Ihe Properly is: 3148 Van Buren Avenue. Naples, FL 34112 Folio: 52700280000 1. PURCHASE PRICE: The purchase pri;e (U.S.), which is aIIocat8d to rea/ prll1)llrty only unless otherwise staled. shall be payable as follows; ............... ............ ......................... .....$ ~~ A. Initial Deposit. in the an10Unt of .............."...."..........................,..........................................$ B. AddIional Deposlt to be nlOeived i1 esaow not... than ~ days after the EIIective Date, in 1118 amount of ..............................................................................."........$ 1.000.00 C, Prooeeds of mortgage, n lilY [See Paragraph 4.6] ...........................................................$ D. Other. $ E. Balance of the purchase price, by local cashiels check or -MAl tnw;fer funds at closing, subjedto adjustments;n:l prorations, of approximalely ........................$ Deposit check1 are !KX:ePled subjed 10 collection. ~~~ C 2005 NapI_ NfII BoIIll 01 REALTORSe IIIdAAocl8lIon "'RaIl EsIMe P........., lnc. All RigllIa......... (NA8OR 11.11-2005) AwCMl<l by the MIra> iIIan<l Area AuociaIm 01 REAl TORSe. Inc. 8I1lI1hIl CGI8r C(Ql\y ll8r Aaeocillli/:lll. "'1 d., Agenda Item No. 16G3 2. PERIOD OF OFFeR AND EFFECTIVE DATE: TIlis oIer Ill' Ill)' counter... Is nMlked ilnatalX.'el*ld,lIld noIIc8 of lEClIpbIa g~Q~ 27, 2007 orcounter-oflelOf, by DAM D PM 011 {Insert Dale}. Thlstine 1imitsh811 _mlit otrn~~e 10 of 27 COUIIeIoffn unless otheIwise sIatlId. The EIIective Date of this Contract shall be the last dale either SElLER or BUYER signa Ill' inllials thi& Contract. INITIAlED CHANGES MUST BE DATED, OR lHE LATEST DATE SET FORlH ON lHlS CONTRACT SHALl BE lHE EFFECTIVE DATE. 3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENTj POSSESSION: CIoIling shall oa:ur on Anril18 2007 {lllS8It Date}, or pr1orto thlt die by wrillen ccnsen! of both parties (the 'Closing Dale1 in IIle county wh8l'lllhe Property is 1ocatIld, III en oIIIoe designated bylhe closing agent, wilD shall be seIllded by BUYER. BUYER shill be the legal owner of the Property IS of lI1e closing, and SELLER shllll vacate and giYe pclIIS8SSklo of1he Property Bllha closing. SELLER shalllIlM 1he dWlling(s) on the Property i'I bmom-dean condition and lt1eentint PnlpeIty IT8e of debris, ... IETHOD OF PAYIEHT(SElECT ONE. IF NO SELECTION IS IIADE, A. SHAl.I. APPLY): fa' A. CASH: BUYER wi pay cash, .110 IInenclng contingency; D B. FINANCING CONTINGENCY: BUYER's obigaIion 10 purchlllle lie Prcperty Is conIngent upoo BUYER obIaini'Ig alolm, in alleest lie lIIllK.rlt shown in l.C. abcM, to be secured by a ~ on the Property at [SB.ECT ONE. IF NO SEI..ECTJON IS MADE, (1) 8HAL1. APPLY]: D (1) en initial or D (2) fixed rBl8 ofinter8s1 not uceedir1g _ % peryell', for an amortized term ofnolless 1Itll1---Y8l11S (3O)'IIJ'S if Iell blank) wiIh 8 balloon not sooner lIten ---Y88'8. BUYER shaD apply for the _ at BUYER's expense not IaIBr \MI_ days 8118rthe EIIectiYa Dale [10 days if left blenk), em shall mste a good faith ellolt 10 obtain said IOIA. " BUYER fails to give notice to SElLER of waMlr of this financing contingency on or before ~nsert Dele} (30 deyuft8r lite EJrecti'Ie DallIlfleft bin), either SEllER Ill' BUYER mey tenninlllthis Contract at any time. SELLER's right 10 termin8le shal cuse to llXlst if BUYER gives notice 111 SELLER that BUYER hIS waived litis finlIlcing contingency prior1D SELl.ER givi1g BUYER notice of lennination. 0IIIvery d documInt.aflon IVldenclng loin commllmenl or loin IIptlnIYII ,hili not COIIIlilute. WllYerof the flnlnc:l1I\J c:onlIngIncy. BUYER ICknowledllll that 01lCl BUYER WliYelIIIlI financing conIIngtrq, BUYER', depollt monl. ... no Ion..- refundable under lhIa PMIgnIph ... 5. CDOIIISllJ SPECIAL TAX DISlRICTS: If the Property 1810calBd wIlhln a Cornnulity 0eveIqlment DisIrict (COO) ex MunicipII SelIIice ex Benefit Taxing Unn (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHAll APPLY]: __A. SEU.ER wi! pay in fuU at closing ~)' OIItlll81ding capital lISSe8811l8nt bal8Rce, OR D 8. BUYER will, al doBing, assume any outstanding capital assessment belence. If B. is selected, the Addendum to Sales Contract 8I1ti11ed 'SpecIal AssessmentsfT axes OisckJsure' must be completed and signed by SELLER and BUYER. end attached to end made a part of litis Conlracl 8. INSPECTIONSj WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: Iii5' A.IN8PECT1ONS: BUYER I'8lIeMlSIhe right to conduct lite inspections provided fer in Sbw1dard 0.2.8., OR D B. WAIVER: BUYER accepls the Property In iIlI'. is' condlion as ofllte EIfective Date, lnc:ludl1g lIle conditions disclosed in Standard 0.1. or in Paragraph 7. BUYER may conduct inepeclions of !he Property; however. BUYER's alligation to jlII'Chase the Property is nolccnUngent upon the results of ~)' inspections. However. BUYER retains the wak-lhrough inllpllCtion rigtI1B set fllI1I1 in Standard D.2.c.(2). (3), and (4). 7. A. OTHER TERMS AND CONDITIONS: Thill contract is contingent upon final approval of the eRA Board of Directs. Any and all brokeraae commissions or fees shall be the sole relltlonaibility of the Seller. SALES CONTRACT (RESIDENTIAL. IMPROVED PROPERTY) (M8OR 11-11.2005) PAGE 2 of9 7. A. OTHER TERMS AND CONDITIOHS ~1lUId fnxn P9 2): Agenda Item No. 16G3 February 27, 2007 Pd\Je 11 of 27 Appro,,!'!o I'lS ie inrrr. B iegal Sufficiency ~Ad I'll- {J(,'dtL-~ islanr C:ountvAttorne B. AooeNDUM: If addltionaf terms are Incorporated into this Caltrad by sepcrate AddencMn, attach same and indicate here O. REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWlEDGE THAT THEY HAVE EACH RECEIVED AND REYEWED PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES 4THROUOH IOFTHISCONTRACT, WHICH ARE INCORPORATED IN AND MADE AN INTEGRAl. PART OF THIS CONTRACT AND SHALL NOT Be REVISED OR MODIFIED EXCEPT IN PARA~7 THISCOMTRACT. ~ ~ JIJ1J )1,#/$2 (~Ie(s Sigoalln V (D8le) I (Buyers SignalIq) (Dale) ,,1/'9NJr;>~ f) (7bti/ (Sellet's PrinlBd Nlme) (0lIIB) s~) Oc1l/ld L. Jac(LS nI (9uy8'sPril1tedNlrne) ~,..,,,e- PI~ ~s~~ 1lZt.~ CI1A (Seller's SigJ1liure) (SeIar's PmIlld Nlrne) IDENTIFICATION OF BROKERS AND SALES ASSOCIATES Usting Broker: Mike Hughs, Downing-Frye Realty,lne Usting Sales Associate: Kathy Smith selling Broker: Selling Sales Associate: DEPOSIT RECEIPT Initilll Deposit by 0 cash 0 wire Of 0 check received on wi. be held in esaow in acconlanCll with \he lIlIms and condilions of this Contract. {Insert Date}, Received by: for delivery to: (Esauw Agent) SALESCON'TRACT (RESIDENTIAL lMPROVEDPROPERTY)(NABOR 11.11.2005)P1lge 3 oft Agenda Item No. 16G3 February 27, 2007 Page 12 of 27 7. A. OTHER TERMS AND CONDITIONS (Continued from Page 2): Approvlll! as 10 form & legal Sufficiency :t:E ffl Bt ~ ~ ('m~~:;:; coun~} At~~r~:; - .. - . 6 B. ADDENDUM: If additionaltenns are incorporated into this Contract by separate Addendum, attach same and indicate here D. REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THATTHEY HAVE EACH RECEIVED AND REVIEWED PAGES 1, 2, AND 3 AND REAL ESTATETRANSACTJON STANDARDS A THROUGH U ON PAGES 4 THROUGH 9 OF THIS CONTRACT, WHICH ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REViSeD OR MODIFIED EXCEPT IN ~RAG H ~ OF THIS CONT~ KJ1 '. ~ )( 1-.;23-07 ~ .." lSe!lers ~3!"re) '(Dale) (Buye~s Signature) (Date) ;::; I (<!..; \I.{ 0- tib... <ton. "-- c".) J I I rV ~ ~~y A/le0: 0'. a III~~ (Selle~s Pnnled Namej (Buyers P:~ted Name) / ._; /, . ;;. J?i '-, {,- r;;Zu/ .' ( . ...-. ( (SUy: s Slgnat~re) :...... ,/ ~_,~ :' L. )3<.li~-l.~_____ (BLJye(s~nnl"dNamel ~\Je Dlftec:.:nL ~~ec G.+tew~ '1it-~ cIl.!r IDENTlFICA TlON OF BROKI;RS AND SALES ASSOCIATES (Date) C I - I~ -( ) (Date) (Sellers Signature) (SeiWs Pnnrod Name: Usting Broker: Mike Hughs. Downing-Frye Realty.lnc Selling Broker: listing Sales Associate: Kathy Smith Selling Sales Associate: DEPOSIT RECEIPT :1itial Deposit by 0 cash 0 wire or 0 check received on win be held in escrow in accordance wittl j]e lemls and c01d\1I0ns 0\ this Contract. {Insert Oa~e}, ReceIVed by: for dellvert to: ___ (==scrcw .6,gent) SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11.2005) Page 3 of 9 .- - /. . r J ~ 1_.).'0~Hi - "D/~/AJAJ I (O-~r/.I~ . VnllJlIV",.enda Item No. 16G3 L F8bntJrY 27, 2007 rml l~ge130f27 l.JiIiI.J BALES CON1'RACT (RESIIlENTlAL M'ROVED -.nY) :.. _ !he.tks ~ ~"""""",,,I4a.ST~IoI' ,i:,- .' ~litJt.:r:. 5. .... ~\oIth'J". d,.Il.ps. - w~wu..,., 'A .$Y..bl' AIiaI Bllballl CoIIina & Rcart D. SIubI BUYI!It CoIIw COUntY ~loDment IVJMCy AQDIIII: 114 N. P:~ -~ 8tNet AIlDREI8: 3301 TamIIn1I TI1lII Eat MonlD8l'l8l'. Ohio~114e ~ FL 34112 uJ ACCEPfANCE ClF 'floE OFFER Olt COONTEROFFER, seu..8''''lIpIlltD..m1 BtM!RhallQllld tD lIIIJ.lJlQtTlE FOt..LCMING TEfII1BAtI)C0NDm0N8 ...._.........lIgaIydlJlalled~~.... ......NlldivlUt4n........,....lIlIM. ~. ...., ..lIllIIIivfllll. ~ C8pllIing.1IIndclWCD8lngs;nl None -1 pnIIIII...... fanr..1lIIIIld CIl..IIIIIdlIdNor\eiMnlDry, team .... 11letllarotq iIIInI_....,.....tam.. c::ont .\ ~ ~ ..... ~ lIlIIl .. .. JlIllIlIIIr _ ........ ..... III. .. CIlI'I\IlRIID If .. pIIllII. .. ....... wIIIlauI ~. ....ae.......,..stDlIJ...... L!GIf DEICIIPTICJN IF TtE PROPERTTCS NCJT Ii CCHIO.llftIIlIIIflB): :l=~::~.Ac:oIIIQIMMUIIf(S): UnIl(.j No. d ~ of 0lIncIarnInbn tIInllt IICIllIlIId << nliIlIno8d In o.R. ElIlok CouIlIJ. fladdI. II appIIcItlII. SEU.ER shill ~ 8E1.I..ER't .... . tD u.., Pllldllll SpcI(a) , ~) , ~ l..odaliIfl) BrlIl DacII(J) << Slip(1) . or llIlIr ClDllIlNM __1IIlI 0IIlIIIIllll __ tD IIti ~ ... III ...... of ~llIdh ~IDCf1fI"", II' 1ME PRCPERTY IS A COOPERATIIIE p.wa, THE COOPERATIVE ADDENDUM TO SAlS CONTRACT (RESIDENTIAl. IMPflOVB) PIWPER1'Y) IS ~TED fERSNAND MADE N41NTE(JW. PART Ol"TWlS c::otmW:T. Thft:r.::= f'Illt:8Ir it; 31. v.n BuIWI AvlIr1UIIl. NcdU. FL 34112 FaIi:I: fl2?'ClaaIOOOO 1. f~O:===:~=.~.~~~--.__.s ~1ftVV>~ 9aoco.tJ' k WtlSDIpa$l ill IIelll1Clllltaf___._...._____._____-..$ B. AdcIblII D8pclIItD be~ In ___rQ...ltlIIl ~...... EIIICtiYe o.,la tie .mcuntaf _....__......_..____..__._____..._..__..$ COIf- 0latIr. FIr:IIla PI!lI I Cl..1IlIoIniliIm, ICllltJlIding D .. ~ RIarIdI d 1.000.00 C. PmCIIdtolllllllgBgl. iflr!)' ISII8 ~ 4.BJ_._______.__.... ~C>>1Br. s eJ 81...rJtIle~_ br'-""cfled(<<"nner. Ulldllldolil1l."lD I$IIiIWlIInI.-..... d _~___.__.....s CIpoIlcl**-_1CCIIlIId1lllfelt1ll 0llIIdi0n. ,*,1>>01>> B~ooo.OJ O...............dMaL~ ..................... rr_.IDr" _All.... --. lNAIClR~1...,.... ~lIJ...MnlIilllCl",. ~alR!AL'ItJII.lIe. N. MIl "CallerCallolr"'~ ...... tit SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) Agenda Item No. 16G3 r 27,2007 14 of 27 G;r ..... L Il-W.......Nt!e." R. S; IW '. r H",th.,r. d"J/'p.s - W"n.Mty A Sr..hl, sat.ER: Alice Barbara Collins & Robert D. Stub II BUYER: Collier County Redevelopment Agency ADDRESS: 114 N. Pleasant Street ADDRESS: 3301 Tamiami Trail east MonUlelier. Ohio 43543-1146 Naples, FL 34112 UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER. SELLER flas agreed to sell Md BUYER has lipid to buy, UPON THE FOlJ..OWING TERMS AND CONDITIONS ,1IIe reel propelty hervaII8r Iegely desaIIed ("Pnlperty').IogeIler. tIidlns, inckidi1g /.IuI.in 8PIlirn:eI, Jetigena, stowe, lishwasher. washer, ctyw, ~ fins. waI-lo-waI carpeIilg. window aMrings and None llIld Ihe personaI~, If any, as IisIed on !he alIached inWllllDly. free from liens. Thebllowing ilemnre IlpllCiIicaIy excluded froo1 this Connct: None Personal PfllI*\y Itllrns transIen8c! wiIh the I1lII pIllpIIty are deemed wItloul value. left for Ihe COIMlllfence rI!he pdea, Md tranaferI8d wiIlout CXlI1SlderaIion, unleIs lllIIenoMe agJelId Ie by IIIe 181es. LEGAl. DESCRIPTION IF TIE PROPERTY IS NOT A CONDOMIIIUII UNfT(S): Kelly Plaza Lot 7 , NaPles , Collier County, Florida. LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT(S): Unll(s) No. rI OecIllIlltion of Condominium thereof, recorded or refnnced in O.R. Book County. Florida. II applicable, SElLER shall con\lll)' SELLER's excIusiw right to use Parking Space(s) . Cabana(s) S1Ilrage Lockerts) . Boat Dock(s) or Slip(s) . or other oommoo elements llIld oomlllOll __ 10 oMtich SEu.ER has an exclusive right of use and lI1e right to convey. ,Page , a Condomillum, acconinll to the , Public Records of IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT. The address or Ihe Property is: 3148 Van Buren Avenue, NaPles, Fl34112 Folio: 52700280000 1. PURCHASE PRICE: The purch81le price (U.S.), whI:h is ~ to real property only 1Il1ess oI1erovise slaIed, shaJ be flIIYlIbIe as fcIlows:.............................................".".......$ A. Initial 0ep0sI, In !he IIIIlOUIlt of...........................................................................................$ B. AddItional OeposI!to be l'llCllNed i1 esaownot 1ablrlh8l ~ days _tile ElIedlve Date, i1 the amount of ......................................."............................................"...$ CJi!'c- ~ ---. 1,000.00 C. Prooeeds of~, if any [See ~4.B.]..................................."......................$ D. 0IheI: $ 'E. BaIa10e of !he pun::tlase price, by 1oca/ caehiers check or Ilftre transll!r funds aI dosing, 8Ubject \0 acpmenls IIIld pI'OI1Iticns. of ~ ........................$ Deposit checks 818 accepIed subject \0 coIection. ~~ - ..J CI 2005 1lIp1. "'-Board ofREAlTORSe oncIA_iIIIaII of_I ~P....1on""1nc. All RIghta~. (MAIlOR 11.11.2lIG5) I\ppr<Mld II')' th. M8rl:o iIIlInd "'- ....odaIial of REM. TORSe. InC. lOCI... CcI\er County Bar~. ... 1 of' Agenda Item No. 16G3 2. PERIOD OF OFFER AND EFFECTIVE DATE: This oller or any counter-ofler is rlNOked if not accepI8d, and nolial of ~ g~~~ 27, 2007 'Page 15 of 27 or counter-ollllror, by 0 AM 0 PM on (InseIt DaIs}. ThIs line Iimil shalllJAIly \0 ell oIJlIl1l and counlerollels unless olherwise slated. The EtIedive Date of tilts Contnlct shall be lI1e last dalll eiIler SEllER or BUYER sq,s or initials tI1is Contract. INITIALED CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTli ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE. 3. ClOSING DATE; CLOSING LOCATION; ClOSING AGENT; POSSeSSION: Closing shil/I occur on April 18 2007 {Insert Dale}, or prior 10 that date by Millen consentofbolh parties (the 'Closing DaIs'} in 1hecounty where1l1e Property is 1ocaIed, man oftIcedesignated by the dosing agen~ who shall be select9d by BUYER. BUYER shall be the legal owner of the Property as of the closing, and SELLER shall vacale 8I1d glvepossession of the Property 1Il1l1e closing. SELLER shall leave the dwelIng(s) on the Property in broom-cIelIIconcIIion and tie entie Propenyfrge of delJris. 4. METHOD OF PAYIIENT(SELECT ONE. IF NO sa.ECT1ON IS MADE, A. SIW.1. APPLY]: Ii! A. CASH: BUYER .. pay C8lIh, wiIh no fnmng ~ 0 B. FINANCING CONTINGENCY: BUYER's obligation \0 IIJf'Chase Ihe PropeIIy is contingenll4XJl1 BUYER obtanng a loan, in III least the llIlIlU1t shown in 1.C, liloYe, to be S8CUI'lId by a moItgage on the Property at (SELECT ONE. IF NO SELECTlOM IS IIADe, (1) SHALL APPLY): 0(1) an i1itiaI or 0 (2} fixed tale of Wllelllst not exceeding _ % perye8f,1or an amortized l8tm ofnolless lha1---Y88rs [30 years i11eft blank] with a balloon not sooner t!lan -----Y"iIrs. BUYER shal apply lor the loan at BUYER's expense not IalBr than _ days aftI!lr 1I1e EIfectNe Dale [10 days i11llft blank), and snal malle a good faith effort to obtain sEid loan. If BUYER tails to give notice 10 SELLER of waiver of this financing contingency on or before {Insert Date} (30 days alter the Eff8dIve Date i11e1l blank). either SELLER or BUYER may tennlnate 11118 Contract at any lime. SEllER's right to lerminate shall cease to exist if BUYER gives noticlllD SELLER II1Bt BUYER nas waived this fiun:ing con&1gency prior to SELLER giving BUYER nofioe of termination, 0IIIYIry 01 documInbItlon wldenclng lOin commitment or loan Ip!llWIII IhIII not COIIItltute a W8iv.. oItht finIncIng contingency. BUYER aciulowtedgel lI1at once BUYER -W.. ttu. financing conlIngency, BUYER', depollt monlel .. no longer rwfundable undlr 1111, Pa~raph 4. 5. CDDlltSTU SPECIAL TAX DISTRICTS: If \he property is IocaIed 'IIflhin 8 COIl1lTl1Ilily Development District (COO) or Municipal SeIvice or BeneIlt TaxiIg UnIl(MSTU) (SElECT ONE. IF NO saECTlOHIS 1llADE,A. SHAll APPlY): t'Jl SELLER will pay il fuU atdosilg anyoulsllrdng capital assessment balance. OR 0 B. BUYER ~. at cIosi1g. lISSOOle any outstanding capital assessment balance. If B. is selected, the Addendum to Sales Contract enlltled "Special AssessmentsIT axes Disclosure" must be complated and signed by SELLER and BUY ER. and attached 10 and made a part of lI1is Contract. 6. INSPECTIONS; WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPlY): 0' A. INSPECTIONS: BUYER reseIV8S the rightto conductlhe ilspections provided Iorio Standard 0.2.8., OR 0 B. WAIVER: BUYER accepts the Property in iIB "as is" condition as of the Effective Dale, including the conditions disclosed in Standard 0.1. or in Pa'agraph 7. BUYER mayconducl inspections of tile property; however, BUYER'sobf'9ation \0 purchase Ihe Property is not contingent upon the result$ of any inspections. HOWllY8I', BUYER relai1s tile walk-ll1rough inspection righls set forth in Slanda'd C.2.c.(2). (3), and (4). 7. A. OTliER TERMS AHD CONDIT1ONS: This contract is contingent upon final approval of the eRA Board of Directs. Any and all brokerage commissions or fees shall be the $Ole responsibility of the Seller. SALES CONTRACT (RESIDENTlAL IMPRoveD PROPERlY) (NABOR 11.11.2005) PAGE 2 on 7. A. OTHER TERMS AM) CONDfTIClNS (Conllnllld fnlm'lIIt 2): Agenda Item No. 16G3 February 27, 2007 Page 16of27 Approved as Ie 'form & legal Sufficiency 7h(l=A~D dOl.{J.b~~ - ista;'1t County Attorney 8. ADDENDUII: H lddltIonallllrms are inco!poral8d into Ihi8 Contract by seplll'llle Addendum. alIach ll8/1le and ndiclte heIe 0. REAL ESTATE TRANSACTION STANDARDS. SEll.ER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECE/VB) AND REVIEWED PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH U ON PAGES" THROUGH' OFlHIS CONTRACT, WHICH ARE INCORPORATED IN AND IAADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR lIODIFIED EXCEPT IN P~ 7_OFTHIS CONTRACT. . /) . lJ ti.7A )fA-uL (slgniiiiQ) 1"'" '11-J.&,o,JOIJ 7 (Oat&) (BuyIIr'I 5/gnabn) (Oale) \( R", t-h :}-. Pt, (,.:,~ I (5elIel'1 Pri1lBd NIIlItl) (SeIe!'s Signalure) (Dale) ( s Slg\aIIn) 'fJtJl/,d L.JdCfLStJI (8Yyar's PliIiBdNnl) ~n~ b,~ ~ t\CLlii ~~~ ?1!1~ c..<i- IOENTIFICATlON OF BROKERS AND SALES ASSOClArn (SeIlIr's PIinlBd Nane) lisllng Broker. Mike Hughs, Downing-Frye Realty,loe Listing Sales Associate: Kathy 8m ith Selling Brolur. Seling Sales Associate: DEPOSIT RECEIPT Initili Deposit by 0 cash 0 wire or 0 check received on wi. be held in escrow in accooJance IMth tile teons and conditions of this Contract. {Insert Dale}, Received by: for delMlt'y to: (Escrow Agent) SALES CONTRACT (RESlDENTlAL IMPROVED PROPERTY) (NABCIR 11.11.2005) p. 3 oft [H IlEAIroII" SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (JhltiJIVIiL r~k-f- Agenda Item No. 16G3 u 27,2007 e 17 of 27 SELLER: Alice Barbara Collins & Robert D. Slubli BUYER: Collier County Redevelopment Agency ADDRESS: 114 N. Pleasant Street ADDRESS: 3301 Tamiami Trail East Montpelier, Ohio 43543-' 146 Naples, Fl 34112 UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SElleR has agreed 10 sell and BUYER has agreed Ie buy, UPON THE FOLLOWING TERMS AND CONDITIONS. the real property hereafter legally described ('Property"). togetherv.iltl fixhr8s, inlildirg builI-in appiaIces, refrigeraIor, slI:Ne, dishwasher, washer, ctyer, ceiIi1g fans. wall-to-wall carpelilg, window COWlings and None and the personal property, if any. as isled on the attached inventory, !Tee from liens. The foIovling items are specffically e.xduded from this Conlract None Personal property i1ems transfen'ed voi1IIthe real property lI'8 deemed wiIhoul value. left for the convenience d the parties, and msfem!d wi1houI consideniion, lI1less oIherwise agreed Ie by the p;wties. LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S): Kellv Plaza Lot 7 , Naples , Collier County, Florida. LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT{S): Unit(s) No. of . a Condominium, aa:ording to the Declaration of Condominium thereof, recorded or referenced in OR Book _' Page _' Public Records of County. Florida. If appicable. SELlER shall convey SELlER's exclusive Storage Locker(s) Boal Dock(s) or Slip(s) exclusive right of use and Ihe right to convey. right to use Pariing Space(s} , Cabana(s) , or other common elements and common areas to which SELLER has an IF THE PROPERTY IS A COOPERATIVE PARCEL. THE COOPERATIVE ADDENDUM TO SAlES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT. The address of the Property is: 3148 Van Buren Avenue, Naples, FL 34112 Folio: 52700280000 1. =':~~=,r::e:ce~'~=~~..~.~~..~.................$ ~86.QQQ.ee 7~ 000. ~ A. Initial Deposit, in the amount of ............................................................."............................$ B. Additional Deposjt to be received in 8SCIU'fj not later than ~ days aIIer the ElIedive Date, II the amount of........................................................."".........,..................$ 1,000.00 C. Proceeds of mortgage, ij <6IY [See Pngraph 4.6.].. ....................................,...................$ D. 0lt1er. $ E. Balance of the purchase price, by local cashiers checi( or wire Im1sfer funds at closing, subjecllo adjustments and prorations, of approxillately .........."............$ Depos~ checl<s are ~ subjecllo colleclion. IM.ege.eo fl1J """^,, ~ 2005 Maplos Ala 80ard of REAl. TOR5e ."d Anoclallan of ReoL EstD ProIeI,ioMI&, Ine. AU Rig/IlI iWl8IVed. \llABOR \1.1\-2005) App<0II9d by lhe Marco loIaI'ld.....81 AIIocialion 01 REAL TORS3. Inc- and the Colle< County BOI AuatistiCln. ...' of 9 Agenda Item No. 16G3 2. PERIOO OF OFFER AND EFFECTIVE DATE: This offer or any counler-olfer is I'lMlked if not aa:epled, and notice of acceptance givSi~y 27, 2007 oroounler-offeror, by 0 AM 0 PM 011 {Insert Oatll}. Tlistine limit shall apply to all oners~ge 18 of 27 counleroffers unless otherv.;se stated. The Effective Date of Ihis Contract shall be the last date either SElLER or BUYER signs or initials this Conlract. INITIALED CHANGES MUST BE DATED. OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHAll BE THE EFFECTIVE DATE. 3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on Aori/16 2007 {Insert Dale}. or prior to that date by written consent of both parties (the "Closing Date") in the county where the Property is located. at 111 office designated by the closing agent, who shall be selected by BUYER. BUYER shaD be the legal O'Mler of the Property as of1l1e dosing, and SELLER shall vacate and give possession of the Property at1l1e closing. SELLER shall leave the dwelling{s) on the Property in broorrH:I8ll1 condition and the entire Property free of debris. 4. METHOD OF PAYllENT{SELECT ONE. IF NO SELECTION IS IIAOE, A. SHAll APPLY]: Ii1J A. CASH: BUYER",.I pay cash. v.tI1 no finlllCing contingency; 0 B. FINANCING CONTINGENCY: BUYER's obIigaion III purdlase the Property is contingent upoo BUYER oblaining a loan, in at least the amount shown in 1.C. aboye. to be secured by a rnol1gege on the Property at [SELECT ONE. IF NO SELECllON IS MADE, (1) SHALL APPLY]: o (1) an initial or 0 (2) fixed rate of interest not exceeding _ % per yell'. for an amortized term of not less than _years [30 years if left blank] with a baBoon not sooner thll1_Years. BUYER shall apply lor tile loan at BUYER's expense not later than _ days after the Effective Date (10 days if left blankl. and shall make a good faith elIort to obtain said loan. If BUYER fails to give notioe to SELLER of waiver of this finanOOg COIltingency on or before {Insert Date} [30 days after the Effective Date if left blank]. either SELLER or BUYER may tenninate this Contract at any time, SELLER's right to terminate shall cease to exist if BUYER gives notice to SELLER that BUYER has waived this financing COIllingency pnor to SELLER giving BUYER notice of termination. Delivery of documentltion evidencing lOin c;ommllment or loan appI'OVIl ahall not constitute. waiver of the financing contingency. BUYER acknowIedgelllhat once BUYER WlIIv_1fIlI finenc:lng c:ontlngency, BUYER', deposit monies are no longer refundable under this Paragl'lph 4. 5. CDDIMSTU SPECIAL TAX 01ST1UCTS: If the Property is located within a Community Development Dis1rict (COD) or Municipal Servic:e or Benefit Taxing Unit (MSTU) [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: l/IlA. SELLER wiU pay in full at dosing any oulsUllding ~I assessment balance, OR 0 B. BUYER will, at closing. assume any outstanding capital assessmenl balance, If B. is selected. the Addendum 10 Sales Contract entitled "Special AssessmentsfTaxes Oisdosure'lTllJsI be completed and signed by SELLER and BUYER, and attached to and made a part of this Contract. 6. INSPECTIONS; WAIVER [SafeT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY): Ii! A. INSPECTIONS: BUYER reserves 1he right to conduct the inspections provided lor in Standam 0.2.a., OR 0 B. WAIVER: BUYER accepls the Property in its 'as is' condition as of1he Effective Dale, induding the conditions disclosed in Standard 0.1. Dr in Paragraph 7. BUYER may conduct inspections of the Property; however. BUYER's obligation to purchase the Property is not contingent upon the results of any inspections. However. BUYER retains the walk-through inspection rights sel forth in Standard O.2.c.(2). (3), and (4). 7. A. OTHER TERMS AHD CONDITIONS: This contract is contingent upon final approval of the CRA Board of Directs. Ariv and all brokerage commissions or fees shall be the sole responsibility of the Seller, SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY] (NABOR 11.11.20(5) PAGE 2 019 7. A. OTtIfR TERMS AND CONDITIONS (Continued from Page 2): Agenda Item No. 16G3 Fehruary 27, 2007 Page 19 of 27 A.pprnvAd ac;;c' torrr. &. fecal Sufficiency -rrr ~~:~n'0:~f!:!~~~- tJI ~ B. ADDENDUM: If additional tenns are incofJlOl1lted into Ihis Contract by separate Addendum, attach same and indicate here D. REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED PAGES 1, 2. AND 3 AND REAL ESTATE TRANSACTION STANDARDS A ntROUGH U ON PAGES 4 ntROUGH 9 OF ntlS CONTRACT, WHICH ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR MODIFIED EXCS'I' IN PARAGRAPH 7 0 ntlS CONTRACT, 61 (Date) :&P>er-rsJ SillW-\ ( er's Plirted Na-ne) (SeIler's SignabJre) (Dale) Oov,tI L.JacfLSN (Buye<'s PrinIIld Name) 8t..CM.-tl\J~ b I ~ Tt>f1- ~'o'\tJre ~M../ 'TIC4AN4U? IDENTIFICATION OF BROKERS AND SALES ASSOCIATES '-AA- (SeIler's Prinled Name) Usting Broker: Mike Hughs. Downing-Frye Realty.lnc Usling Sales Associate: Kathy Smittl Selling Brolter: Saling Sales Associate: DEPOSIT RECEIPT Initial Deposit by 0 castI 0 wire or 0 check received on will be held in escrow in accordance with the terms and conditions 01 this Contract. {Insert Date}. Received by: __ for deliver)' to: (ESCl'OW Agent) SALES CONTRACT (RESIDENTW.IMPROVED PROPERTY) (NABOR 11-11.2005) PIge 3 of9 Agenda Item No. 16G3 February 27,2007 Page 20 of 27 STANDARD A . mLE. Tille to the Property shall be good and markeIabIe wth legal 8CalSS, subject only to the following exceptions: (f) ad valorem and non ad valorem real property laxes far the year of closing and subsequent years; (2) zoning, building code and otha- use I8Strictlons inposed by gOYlllMllllltlll author1ly; (3) OIUIandlng 01, gas and mineral inleAlsts of record, if any; and (4) reslriclblS,l'8SElMItilns and easemenls commoo to the subdMslon. provided that none of the foregoing shall prevent use of the PIDperty far 19lIidenIial purposes. ST AHDARD B . TITLE EVIDENCE OR CREDIT; EXAMINATION; DEfECTS; LEGAl. ACCESS; CLEARANCE. NoIllIl8' 1hlr115 _ IfI8r the EflectIve Da18. SELLERslllll fumish to BUYER a complete copy of SELlER's ownn tilleintunn:epcjcy, If the PRlper1y1s Iocat8d k1 Collier County and SELlER fils kl fumisIla copy of the poky within the aboYe lime period. SELLER shall give BUYER a aecit at cIoslng in the amount of $350.00 in lieu of said tille evidence. BUYER shall haw 30 days after lhe ElfectMl Date ('Examination Period') for lllC8IlIination of title and determination of legal access. BUYER's obligation Ie purchllS8 is conditioned 00 the Property having IIlgaI access 10 and In:m a publk: right of 'Wf BUflicient for residential use. If title is round def8clIve or legal access is round III be lacking, BUYER shall, .-.10 Ihe EXlInination Perlod, notify SELLER specifying Ihe ti1Ie defect(s) or la:k oflegalllX:8lll, and furnish copies oflhe tlIIe lIYidence Md insbuments6Yi:lenci1g SId! tlIIe def8cl(s) or lack of legaIaccesa.lfthetitledef9ct(s) render(s) UlJe unmarl<etable, or IfSEUER cannoldeliverposll8Slion, or If thel'& is nolegalllCC8SS, SELLER shall have 30 days after receipt of notiat &em BUYER (the "CIelW'allCe Period') III clear or remove such tiIIe defact(s), deliver possession, or provide legal access, at SELLER's expense. SElLER wHl.. diligent effort to correct the tiIIe del'8cl.(s), deliver posseuion or provide legal access within the Clearance Period, indueling the bringilg of necessary suitB. SEllER shaI not be liable Ie BUYER fordarnages if SB.LER l3IIlOt I8fIder title maJ1lelable, deliver possession or pnwIde !egallICC8S8. If SELLER does not clear or AII1IOY8 the llIIe defecl(s~ deliver possession or proyIde legal access within the Clearance PeIiod, BUYER may elect Ie acoeptsuch tlIIe. possession, or8CalSS as SElLER can provide, wilhoutllldlEtion oflhe pwchase price, or to fem1lnata this Contract STANDARDC .INSTRUCnONS FOR TITLE; ASSIGNIENT;TAX DEFERRED EXCHANGE. Not Iaterlhan 15 days prior III the Closilg Date, BUYER shaD deliver III SELLER lhename(s). address. manner In which Iltte VoiD betaken, and a copy of any assigMler1t8XtlC:lMd by BUYER. No assignment shall release BUYER from the obligations of this ContIlICt unless SELLER consents in writing b such ~. If either party inlands III trealthis transa:tion as a tax-dllflllT9d exchange under I.R.C. SecIiln 103f,theo!herparty8halllXlOpElnllein acc:om~1heexchange. and consents to the assignment of this Contract III a qualified exchange intelmedlary far that pIJIpOSe, provided there is no addltlonaI cost or delay in closing and the exchanger is not released from liabiity under this Contl8cl. STANDARD D. DISCLOSURES; INSPECTIONS AND REIlEDESj asCTJON AND RESPONSE; WALJ(. THROUGH 1N8PECTJON; RISK OF LOSS. 1. DISCLOSURES: .0 GeNERAL: SELlER knows of no facts or conditions materially affecting the value of the Property, except those which are readiy observable by BUYER, or which have been disclosed to BUYER by SEllER in writing and furnished to BUYER prior to !he ElJective Dale of this Contract or in Paragraph 7. b. WETlANDS; SUITABILITY: Except asdisdosed to BUYER in the mamef set forth in standard o.1.a., SELLER does not know of any portion of the Property that has been determined to be wetlands, or of lM'1Y other condition or circumstance adversely affecting the Property which might Impair its suitability for I'llsidential use or conslruction, c. RADON GAS: F1OI1da law requiled disc:loatn: Radon is a nalUraDy 0CCLning radioacliY8 gas that, when it has atlCUIII\Aated in a buldlng in suflicient quantities, may present tIeaI1h risks to persons Yot1o are exposed Ie it over time. Levels of radon Ihat exceed federal ald slate guidelines have been found In buildings in Florida. Additional infonnation regan:ling radon and radon testing may be obtained from your county health department. d, ENERGY EFFICIENCY: BUYER acllJlooMedges receipt 01 the Department of Community AIfaiIs bfochure on the Florida Building Eroergy Efficiency Rating System. e. LEAD BASED PAlNTIPAINT HAZARDS: If cansIruction of the residence on the Property was commenced prior Ie 1978. SEllER is requillld to complete, and SELLER and BUYER are required to sign and attach 10 this Contract, !he Addendlln entitled 'Leaj-6ased Paint and/or Lead-Based Paint Hazards: Disclosure of Information and Acknowledgement: REAL ESTATE TRANSACTION STANDARDS SALES CONTRACT (RESIDENTIAL IMP~D PROPERTY) (NABOR 11.11-2005) PAGE4 afll Agenda Item No. 16G3 f. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestatiln by cerlaln mold may cause P~~e 2;1' ~?g ~ and health proI;Aems for some persons. g. INSURANCE: BUYER is advised 10 apply for casually insurance and obtain a claims his10ry report on the Property to ascertlin the availabiity and cost of said insurance on the Properly, YAlich may be affected by pasllnsurance claims on the Property, past Insunn:e claims filed by BUYER and/or by BUYER's aedil status. BUYER may lem1inate this CoOOa:l within 10 days after the Effective Dale if past insurance claims on the Property increase the cost or restrict the availability of casualty insurance coverage for the Property. II. FIRE S1'RIHKl.fRISAFETY SYSTEM RETROFIT: If the Property islocaled in a condominium or coopel'lliMl btilding requiring retrofit for fire sprinklers or other life safety systems as shown on the list creaIIld by the local district fire marshal, BUYER may terminate this Contract Milin the slaluby I1IlICission perixl set forth in Standatd l. I. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property YAlich were made without proper permll(S) or certiIk:ale(s) of occupancylsubstantial completion (where reqt.ired). at lIIl)' existing VdaIions of local 0IdNnces or codes. or of q pending code eofort:ement proceedings affecting the Property. j. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER shodd not rely on the SELLER's cumlflt property taxes as the amount ci property taxes that BUYER may be obligated to pay in the )'ell' subsequent to purchase. A chlI'1ge of ownership or property improwments lliggers I1lSSS8SSITl8l1 of !he property thai could result in higher property laxes. If you hIM! 8tr'f ques1ions conceming Yaluation, contact the county property appraise(s office for Infonnation. k. ZONING: SELLER has not commereed 8tr'f proceedings to change the current zoning classilicalion of the Property, ncrwill SELLER initiate any sucI1 proceedings. SELLER has not received notice rrom ~ third partyfl8S) d any proceedings N1ich woUd atrect the CUITent zoning classification of the Property. Shouid SELLER reoeiYe any such notice, SELLER will promplly notify BUYER of same, and If the proposed zoning WJUld prevent the current use of !he Property, BUYER may lermlnale this Contract notlaler than 5 days after receipt of said notice. 2. IISPECTIONS: L INSPECTION PERIOO; IISPECTION ITEMS: BUYER shall hIM! 15 days aflerthe ElJectMl Dale (the 'Inspection Period") k:l haYethe Property and improvements thereon inspected at BUYER's expense as follows: (1) alt major appliances and equipment; sprinkler, well, septic, heating, cooIilg, electrical, ~umbing and security systems; major mechank:al components; roof Onduding fascia arxl soffits); ceilings; structural walls; foundallon; swimming pool, spa and pooUspa deck(s); S8SWliI; dock(s); boat IIftsIdayjIs and reIaIed eIeclriciI and mechanical components, if any (coIlectiYe1y 'Systems and Equlpment'), by an appropriately Florida licensed inspection company or licensed contractor. and/or (2) radon gas, by a FIoOOa certified radon rneasuramenttachnldan orspecialisl, andIor(3) lead-based paint and hazlWs, by an EPA-al1tified 19adexpo&ll8 risk assessor, and/or (4) teonites or other wood-destroying orpanisms, by a ceI1ified pest control operator, andIof (S) air san1p1ilg, surface sampling andlordusl sampling within thedwelil1g(s) perfooned by a qu.-ried indoor alrquaiity inspector for the presence of toxic and pathogenic molds, which inspection shall be non-ilMl!live and shall not entaU any perforation or removal of structural malBrial unless appmved in advance by SELLER (coIectively the 'Inspection Items'). Upon reasonable notice, SELLER shall provide access and utiities service to the Properly 10 faciltala !he inspections. b. DEFECTIVE INSPECTION ITEMS; BUYER'S ELECTION AND SEllfR'S RESPONSE: Except alo Mf facts a conditions disclosed to BUYER in the manner set for1h in Standard D.1.a, if any Inspection conducted during the Inspeclion Period reveals: (1) thai any Sys1ems and Equipment ar& not in Working Condition, andIor(2) the presence at radon gas at a level in excess of EPA actDn levels, and/or (3) !he presence of lead-based paint or paint hazards requiring abatement under HUDIEPA protocols, and/or (4) the existence of active infestation by termites or other wood-destroying organisms and/or visible damage caused by active or past infestation; and/or (5) the pnl58I1C8 01 toxic or pathogenjc molds (coIectlY8Iy the 'Defectiye Inspection Items'), BUYER shail, not later than 5 days after expIralbn of the Inspection Period: (a) notify SELLER of any Defective Inspection Items, and (b) furnish to SELlER a copy ci the inspection r&pOI1(s) documenting the Defedive Inspection 1tBms, and (e) notify SEllER of BUYER's e1ectJon either to: (i) receNe a mdit from SELLER at closing in lieu of any repairs, f8IIIacemenls, tmatment, mitigation or other remedial action necessary to bring the Defective Inspection Iterns into compliance with the relevant standards set 101111 above (the 'RMledial Action'). If BUYER elects to receive a mdit, the amount of the credit sIIaII be equivalent to the estlmated cosIs of any Remedial Action and shall be determined not !alar than the ear1ier of SELLER's Response OealIine, or 10 days pIIor to Itle ClosIng Date, or ~ij have SELlER take Remedial Action at SEllER's expense. If BUYER eIecIs {ij, SELLER ~ not be required to take <ny RernediaI Action. If BUYER makes no eiection, BUYER shall be deemed to have eIecIed to reoeiYe a credit at d06ing. SAlES C~CT (RESIDENTIAL "'PROVED I'ItOPERTY) (MASOR 11-11-21105) PIee 5 of 9 Agenda Item No. 16G3 NotJaterlhan 10 days afterreceiptof!hewrill8llllOllce and inspection reporI(s)fn:m BUYER ('SELLER's ResponseDead~~ 27, 2007 shall noliry BUYER \'Alelher SELLER agrees to BUYER's request. If SELLER refuses BUYER's Iequest lly the SEllER's Response ~:e 22 of 27 then BUYER may tenninate this Contract not IatBr than 5 days afIBr SELLER's Response Deadline. If BUYER does not elect 10 I8nnlnats Ihls Contract. BUYER is deemed ID have aocepted the Property in !he condition l exIsI8d on the EIfecM Data, except that BUYER I'8tai1s the walk-through inspection rights lI8t forth in Standlrtl D.2.c.(2),(3), i1Ilcf (4) below. If SElLER falls to respond by !he SELLER's RespoIl88 Deadline, SELLER shalf be deemed to have refused BUYER's request. and BUYER may tennln8l81his Conlract as set forth above. If any Remedial Action requestBd by BUYER 1equi18s !he apptoYlII of any communlly association govsmilg the Property.lIld SELLER fais to furnish BUYER with wrlIt8n doc:l.mentation d sald assoclallon's approval notlatsr than 5 days pOOr to the CIosi1g Date, BUYER may terminate this Conlract. If BUYER does not have the Inspection Items inspectad, or falls to do so within the Inspection Period, or fals to timely report any DefecM Inspecllon Items t> SELLER. BUYER sh.' be deemed to have accepted the Property in the condition it existed on the Effective Date, excepllhat BUYER reIalns the rV1ts set fol1h in SlBncIard O.2.c.(2), (3), and (4) below. Remedial Actlon shall be deemed 10 have been properly peI10rmed when (1) the Systems IIld Eqt.ipment a/8 pIlrllld ~ Workilg CondIIlon , (2) I'lIlon gas within the residence on the Property is l8duced to below EPA action levels, (3) ~ paint and paiJt hirzards on the Property a/81'llf11O\18d or contained in accordlWlCll wlIh HUOIEPA guidelines, (4) any acIiw inres1ation of termll8s or olher ~ng organisms is elllllnninated or nated, and at visible dlrnage caUBed by active or past Infestetion is nlpail8d or replaced; and (5) no IoxIc or pathogenic molds are pI9SlIntwithin the d\IIIeling(s). SELLER shall mllke a dMigent eforti::l perform IIldcornplet& all Remedial Action prior Ie the Closing Date, faKing Y.tic:h a sun equivalent to 200% of the esllmaI8d cosIlI of completing lhe Remedial Action sIuiI be paid by SELlER into escrow at closing pending completion. Systems IIld Equipnent shall be deemecllo be in Working Condition if operating in the manner designed to qJerate. The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa and pooIJspa deck(s) shall be in Woridng Condition f ~ sound and WBlBI1lght Seawans and docks shall be In Working CondItDn if strucluraIly sound. SELLER shall not be obligated Ie tate Remedial ActIon or grant a Cl9dn In lieu of Remedial Action with regard i::l any Cosmetic Condition. which Is defined as !II aesIheIk: Irnperfectlon whi:h does not aff8ct the Working Condition of the Item, incIudiIg COOOBion; tears; \'lOO1 &pOls; ditcoklration of ftoor COY8Iilg << wallpaper << window 1nlaIments; missing or 10m saeens; nai holes; scratches; dents; chips; caulking; pitlecI pool surfaces; minor C!BCks in windows. driveways. sidewalks, pooI/spa decks and garage,lIe, lanai IIld paIiofloors; and cracked roof tiles. curling orwomshinglesand limited roofllf8, so long IIIlhMtisno8Yidenceofslrucluni damage or leakage. No cost to nepair or replace any Systems and equipment Item shall exceed the fair market YlMl of that IIBm If fl wenl in Worlcjng Condition. c. WALK. THROUGH INSPECTION: BUYER (or a deslgnalrld IeJQS8IltalMt) may CCIIlducl a walk-through inspection of the Property prior 10 dosing or possession, whichever is e8IIler, to confinn: (1) complellon of any Remedial Action agnled Ie by SEllER in Standllld D.2.b. aboYe, (2) that the pElI1OII8/ pmpertylllems Yotlich arebeilgCOllYe)'8d as partoflhls Contract remain on the Property, (3) thatlhe personal propertyllems which are not being conveyed III part of this Contract haYe been I8IlllMld from !he Property, and (4) 1hat SEllER has maintainecllhe Property as required In Standard D.2.d. below. Upon reasonable notice, SELLER shall provide access and utlitles ll8t'Yioe Ie the Property Ie facilitate the walle-through inspection, d. IIAlNTENANCE OF PROPERTY; RISK OF LOSS: SELLER shall maimn the Property (including without limitation the lawn, slvubbery. ancllandscaplng) in the condl\k)n existing on the Errective Dale until the Oosing Dale or date of possession, whichever Is eartier, except for ordilary wear and tear and any Remediai AcIiln agreed to by SELLER under Standard D.2.b. above. /4ny fWI/81oss andIa damage 10 the Property between the EIf8clj1/8 D8l8 of this Contract and the Closing Dale or dIRe d possession, whichewr is Bl., shall be at SELLER's sole risk and expense. SEllER sIIaI mlintai1 all exisling casualty insurance on all im~ts on the Property lIIlI disbul$8lTlef1l STANDARD E. SElLER'S IMSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable, including any sales tax due theroon: (1) lhetilleevidenceor aedfl specified in Standard B; (2) If the Property is located in lee or Chartotte County, lhe pnrnlum forthe CM11ElFS filie inslrclnce policy issued by the closing agent selected by BUYER, and lhe charges for tiIle search. tlIIe exanlnation. and liIIe contil'lUllltiJn through the dll1B of deed nlCOIlljng; (3) preparallonof 8taIuklry warTanty deed (or specialwananty deed if SElLER isafiduclaly), bll of sale with warranties of ownerslip and freedom from encumbrances, condominium/homeowner essociaIlon estoppeIlelier(s), Ienari estoppeIletter(s), copies and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FIRPTA, in a fonn suflicient Ie ajlow 'gap' coverage by tille insurance; (4) mol1gage payoff IetIer from exislilg lendetts); (5) doCIrnentery stamps on deed; (6) neaI estate broker's compensation (to be disbunsed by cIosilg agent at closing); (7) utility SllIVlces 10 the Closlng Dale; (8) the fUlllI1lOUIlt of condominiunll'oneowner association special assessments and govemmentaly imposed liens or special assessments (other Ihan COOIMSTU assessmenls which ane addressed in Paragraph 5), which ani a lien or a specili lIll88SSl'Ilent that is C8l1ail as to the identity of the lienoror assessor, the property subject to the lien or speciai assessment, and the amount of the lien or special assessment, on or befae the Effective Dale; (9) SELLER's attDmey fees and closing fees, (10} if SELLER is subject ~ withholding under FIRPTA, neasonatMe charges associated with withholding, escrowing and/or remitting funds, and/or preparing the wlthhdding certificate application and/or tax return related !herelo. SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (!tABOR 11.11-20051... 6 of I Agenda Item No. 16G3 STANDARD F . BUYER'S INSTRUMENTS AND EXPENSES. BUYER sha! pay for and provide, \MIen applicable, incllldirwd My ~ 27, 2007 thereon: (1) IeCOl'ding feefordeed; (2) all cosls of any InstiIuIionaIloan secured by BUYER; (3) the premiJm for lender liUeinslmoe poIk;y,lrif ~e 23 of 27 the property is IocaIlld in Calliei' County, the premium for the ov.ners tide insurance poIic:y issued by the closing agent seIIIcIed by BUYER WId the charges for liUe search, title examination, and IiIIe continuation through the dale of deed recording; (4) recording membership approval; (5) survey; (6) condominilmbomeowner association memberShip IriIlsf9r fee; (7) condomInh.ln/homeownllr association resale transfer feeJcapItaI contribuOOn; (8) pending rl8l1S or special assessments (liens or special asseasments other than those described in S1anda'd E(8)). If it is detennined that lheIe are pending liens or special as&BSSlll8Ilts which do not tal underSlandanl E(8) aboYe, which W8I8 not disdosed in writillillo BUYER by SELLER prior 10 or COIK:lIrrenl YliIh the execution of this Contra::I, WId which exceed a lllITl eqlivalelt 10 1 % of!he purchase prte, BUYER may terminate this ConInd. unless SELLER agteeS in writing 10 pay the portion of such pending liens or special assessments in excess of 1% of the purchase price. SELLER agrees to pay into escrow at cloBing a reasonable sum to Insure that the excess \MIl be paid; am (9) BUYER's attomeys fees. STAllDARDG -PRORATIONS; CREDITS. These ilemswll be proraBlas of the Closing Date," BlJYERcharged with and enIiIIed to !he Closing Date, or the possession d_, whichever is earlier. (1) ad valorem and non ad valorem real and personal property taxes based on the currenI year (rt avaIable), oIherMse on the pOOr years bit (without discount). If ccmpl8lBd improwrnenls exist on the Property for which a certificatB of occup;n:y was Issued as of JlIf1lJlIry 1st of the year of dosing, which did nol exls! 011 January 1st of the prior year, taxes shall be estimaIedforproration by applying the cunent yearminage rate ID the current year taxable valueol the property. If !he ClJll'l!frt yearmlDage raIe is not fixed, the prior year milage raI8 shall be applied. If the current year taxable value is 10 fixed, the IaX8$ shaB be estimated for proration by applying the most CI.fl1lIlt fixed millage rate ID a lItIn equivalent to 80% of fl1e purchase price. A laX pI'OfCIIlon based upon any estinal8d tax shal, at the request of either party, be I'81lftlralad based on the aclIlaI tax bill !mOunt (2) inlBrest on any assumed indebl8dness; (3) rents; (4) condomlriurnlllomeclwler assc.ciaIion assessments and COOIMSTU operating and main~ assessments; (5) county waste assessments; and (6) appliance SeMal oonttacts assl.llled by BUYER. BUYER shall receive from SELLER al dosing a Cl8d1t equlvalenllD the amount of lIlY security deposft and prepaid rents held by SEUER, and any a::crued interest theAlon, or alternatively, o~hlp or an assignment of the account in whk:h the deposits and prepaid rents, and any accrued interest thereon, are held. STANDARD H . HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is IocaIed y,;fhjn and governed by a mandatoly homllOWllelS' as!OCialXln. the folIowiog provisions are incorporated into this Contract IF THE DISClOSURE SUMMARY REQUIRED BY SECTION 720A01, FLOImA STATUTES, MAS NOT BEEN PROVIDED TO THE PROSPeCTIVE PURCHASER BeFORE EXECUTING THIS CONTRACT FOR SALE, TtfIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SElLER OR SELLER'S AGENT OR REPRESENTATIVE WRJIlBC NOTICE OF THE BUYER'S INTENTION TO CANCS. W1THIH 3 DAYS AFTER RECEIPT OF TtfE DISCLOSURE SUfA4ARY OR PRIOR TO CLOSING, MtICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF 1lIS VOIDABIJTY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALl. TERllNATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECBVEo AND READ THE "HOMEOWNERS' ASSOCIAT'IOH DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT. STANDARD I . CONDOMINIUM RESALE DlSCLOSUREj VOIDABLlTY RIGHTs. If the Property 18 a condominilln unlt(s), the lalowing provisions are incorporated Into this Contract nus AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE Of THE BUYER'S ItTENTJON TO CANe8. wrTHlN 3 DAYs. EXCLUDINGSATURDAY8, SUNDAYSAHD LEGAL HOUDA VB, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER Of A CURRENT COPY OF THE DEClARATION OF CONDOMINIUM, ARTICLES OF ItCORPORATIOM, BYUWS, AND RULES OF THE ASSOCIATION, AND A COPY OF TtfE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABlUTY RIGHTS SHALl BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNOA YS AND LEGAL HOUDAYS, AFTER THE BUYER RECENES THE DECLARATION, ARTICLES OF INCORPORATIOII, BYLAWS. AND Rlft.ES OF THE ASSOCIATlON, AND A COPY OF THE MOST RfceNT YEAR-END FINANCIAL INFORMATION AND FREQUENTlY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. BUYER, by its execution of this Contract, hereby requests a cunent copy of the above referenced coodaninium documents. SALES CONTRACT (RESIDENllAL IMPftOVEtl PROPERTY) (!tABOR 11-11-20051"'1 of 9 Agenda Item No. 16G3 STANDARD J. COHDOMINIUMflOMEOWNERASSOClA11ON PROVISIONS; MEMBERSHIP APPROVALAnYcondomini~ 27, 2007 association I8S8rvea:coool(S) is incllXledin!he pwt:haseprice.lfllllSOCJationmembershlpapproval is requQd, BUYERshafl, noIla18r"'9-~e 24 of 27 days after the Effeclive Dale, make appIicaIion for sane In the name(s) In IWIict1lll1e \MIl be laken, iIld shaI comply \d1 air ~ requll1llll8l11s of !he association and be responsible for securing membership approval. If no approval has been obtained prior to closing, Illther BlNERor SEllER maylllnninale this ContJact SELl..ERshaII obIaina ietter(s)fItlm theassociation(s) whlch setsfor1h!he lWTlOUlis, perioc!sand payment sIalus of assessments and transferfees and resale capi1al contributions, and deliver same to lheBUYER not later than 15 days prior 10 the Closing Dale. Some condomlnlllllS eQl upon a Iea8ehoId estallI or haYe associated recreational iealles lftt1ich may require the payment of renl8, taxes, mairtenance, rgpIac:ement and I8pair. BUYER lakes tilIe subject to any such lease. If It8 ccndomirUn exists solely upon a Ieasehokl estate. SaLER wi. assign its sublease to BUYER at cIoaing. STANDARD K - MORTGAGE LENOER POLICIES. If BUYER obtains ins1l\utional mortgage li1anclng,lt8 policies of the lendilg institution shall prevail as Ie !he procedures for cl~ and disbursement of mortgage loan proceeds. STANDARD L. SURVEY; COASTAL CONSTRUCTION COHTROL LINE. BUYER may, at BUYER'aexpense. haYe the Property SUNe)'Id not laIar lhan 15 days prior to the CIosiIg Date rSUMJy Perlod"). If the survey, as cerlIIIed by a Illgislenld Ronda slJ't'8yllr, COIl8CtIy ahcMs: (1) an encroachment onto the Property; (2) Ihat an impltlY8ll18llllocall!ld on the Property projecIs onto lands d olhers; (3) III mpnMll'llent on !he Property violates a zoning, buiding or other govemmental use resIriction; (4) an imll'lMlment on the Property violates any recorded COWlnant or res1riclion. or any covenant of this Conlract; or (5) lack of legal aocess (coIlectJvely 'Otljectionsj, BUYER may, wIIIlin the Survey Pemd, notify SELLER of the Objections and shall fumish a copy of the sUM!Y. The ~ shal bell8ated81 a tllIe d8fBc1(s).1f any portion of the Property lies seaward of the eo.taI Construction Control Une, as defined in SectIon 161.053 Flolila StaIuIlls, BUYER WBMls the right to r'IlC8ilIe a survey or survey affidavit from SELLER delineating said line on the Property. If BUYER fails to obtain a suNV)' Vlitl1in !he Swvey Period, BUYER waMls any right Ie object to any mailers v.tIich might have been shown on a survey, If BUYER falls tl make any 0bjlIcti0ns >M\hil the Survey Period, BUYER waiYes .,y Objections. STANDARD M- ESCROW; ESCROW AGeNT(S~ The llllCltHI agent v.11oa::oepts in escrow lhadeposlt(s} paid under this Contract(lha "Escrow Agentj shall hold the deposit(s} in escrow until !he earlier of: (1) delivery to another Escrow AgBrlt for closing, who by acceptance agl88S to these terms and becomes the Escrow Agent (the EscrowAgent holding the cIeposit(s) is aulhorizad Ie so transfer !he funds and is l8lieved of all liability for the funds delivered); (2) delivary of the deed. wiIh payment of the deposit(s) as pMt of the pun::hase price of the Property; (3) such tine as BUYER may be enlJlled to return of the deposIt(s); or (4) datively pursuant to written di'ecllon of the parties, at which lime !he Escrow Agent shall pay all of the deposit(s) to the party(ies} enlilled theretD. The Escrow Agent shall not be liable for the payment of any interest, d;mages. atlomeys lees or court costs in any action brought to recoverlhedeposlt(s) held inllllClOW, orlll1)' prrt lhereof.lIlIesa the Escrow Agent shall fail or refuse to pay over any such depost{s) pursuant to a judsJnent, OIlIer or daa'ee that shall be final beyond possIbllly of appeal. In any proceeding which litigates the dlsposltionof lhedeposlt(s), the Escrow Agent shall be entitled to be paid reasonable aIklme)'sfaesand COlft costs, whChshall be paid by the llOIIiIf'8\I8iing party. The Escrow Agent has no duty to coiled oraUampt to collect anydaposll or check given as a deposit, but shaI give the parties Vtritten notice of: (a) any deposit that Is not received noIlater lhan 5 days after its due date, and (b) any deposit check that is not paid on presenlati)n, not Iat8r than 5 days of leamlng of Its dishonor. Upon written dirllctive from BUYER, the depotit(s) shall be placed into an interest bearing account, and all Interest accruing thereon shall be paid to BUYER in any event If the Escrow Agent is a licensed real estate broker, the Escrow Agent shEIl comply Vlith the requirements of Chapter 475, Florida Slatutes. STANDARD H . FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FlRPTA) WITHHOl.DING. A SELLER who l& a U.S. cittzen or resident alien and whofumishes BUYER Vlith an aflldavitatles1lng to same,is exemplfrom FIRPTA Vlilhholding. If SElLER is a forllign person or entity, BUYER shall deduct and withhold from the purchase prial, or collect fmm SELLER if the net proceeds ere insufficient, 10% of !he poo;hase price (!he 'FIRPTA Funds1, and reml sane to the Internal ReYenue SeMce ( the 'IRS') within 10 days after the Closing Date, unless: (1) the purchase price is not more than 5300,000.00 and BUYER executes a cerM:ate establishing that BUYER's acquisition d the Property Ie for use as BUYER's residance in accon!ance with the Internal Revenue Code and aU applicable regulations related to that exemption; or (2) SEllER fumishes to BUYER. not later than the ClosiI"4l Date, proof of submiltallD the IRS of an application forwithholdlng certiIicaI&, in v<<Jlch eYllnt tile closing agent (or other thfn:l party mutually designated by SELLER and 6UYER) shall hold the FIRPTA Funds in escrow pending receipt of the withholding C8IliIlcate, and shaH remit !he sum reflected in the withholding certificate to the IRS within 10 days of receipt of the withOOlding certificate, and shall promptly I8fund any remalning baance 10 SELlER. SELLER shall hold BUYER harmless and indemnify BUYER lor not withholding or coIlecIing tile FIRPT A Funds or for wiIhhokling and remitting only such reduced mount reflected in the withholding certilicaIe. BUYER shall provide to SELl..ER evidence of remil1ance of all or any portion of the FlRPT A Funds III the IRS. The fIiIure of elther party to comply or to allow compliance with !he reqlirements of FIRPT A and reIatad regulaJions shaI conslllule a breach of Ihis Contract. SAlES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11.11-20(5) PIge a of 9 Agenda Item No. 1683 STANDARIl 0 - QUICK CLOSING; INSURABlUTY; ClOSING DATE EXTENSION. If the Closing oats does not allows~~W 27, 2007 performanoes by SELLER and BUYER ~thin the time frames and by !he deadlines set forth in this ConltM, !he parties agree 10 lJIldertakb ~e 25 0 f 27 complete all performances. inspections, surveys, eXllllinali:lns. deIiYery ofdocumenlB, notices, satisfa:tion ofcontingencies and all other actions reqlil8d of or ~ to either party prior to the Closing Dale, except thai the sllItulOry lime period 881: foIth in Standards H and I shall oot be affected by this provision. If BUYER is unable to oIllain h8Z8Rl, 1Iood, >Mnd or homeowners insurance at a reasonable rDl due to extreme weather conditions. BUYER may delay the Closing Oats up to 5 days after such CillYlli8tl8 becomes available. If such COYeIage does not becoole avaHabIe for a period of 30 continuous days, either SELLER or BUYER may IBnnInale this Contract. STANDARD P . TIME OF PERfORMANCE AND REMEDIES. Time is of the essence for closing title. I BUYER does not perfoIm BUYERs ~igations hereunder (except as excused by S8.l.ER's defd) all deposits made shall be pald to SELLER as liquidated damages, which shall be SELLER's exduslve rvmedy. If SEllER does not perform SEllER's oIlrJg8lions hereunder (except as excused by BUYER's defaUt), BUYER may enforce this Contract by a suit for specific performance, damages, or may tIlIminaIe this ClIlIracl. STANDARD Q- UTlGATION; ATTORNEYS FEES AND COSTS. In connection MIl any fitigallon conceming Ihis Contract, the prevaiing party shall be entitled to IBCOYeI' I'8B8OllBbIe allllmeys f8es and court costs from the non-pAIVlliIing party. STANDARD R - NOTICE AND DISClOSURES. AIlllCl6celllld dllclolurea must be In writing. Unless a party is requinld by law 10 deliver notice or a discloswe ciRlcIIy 10 the oIherparty, all notk:esand disctosuresrequirBd orpennitled underlhis Contract shall bellllec:lNeYA1en givan by a party or that party's broker or atIDIney to the other party or said other party's broker or attorney. STAfI)ARI) S. MISCELLANEOUS. (1) The parties have agreed to deal in good faith and 10 dlligenlly work toward a timely closing. (2) The singular CB&B or 1811118 shall Include the pIurci case or tense. (3) This Conlract may only be modified in writilg by the partes. (4) PJIl9hlrences in this CclntJa:t to a number of days shall mean calendar days. (5) Except as otherwi8e expI8SSIy provided by law, if any deadlile 1* on a Saturday. Sunday, orf8derat legal holiday, said deadline shall be extended to the following business day. (6) As U88d herein, the tsnns 'real esIale broker" or broker" shall include all real esIaI8 brokers, brokerag& corporations or business entities, and Ihei' respeclMl sales llSIOCiaIes ilMliwld in this transaction. (7) All title llYidllR:e, OCIlClominium documents lI1d otherdocuments pI'llYided to BUYER by or on bet*' of SELLER 8Illthe property of SEUER untl closing and shall be inmedial8ly returned to SELLER if this Conlract is terminated. (8) If either SElLER or BUYER is pennitled to terminate lhisConlract, said party shall do so by giving notice of said lenninallon to theotherpMy, whelllllpon all deposits mille by BUYER shall be promplly returned to BUYER, litis Contract ahaII be of no further force lI1d effect, lI1d the parties sha1t haYe no further liability to one another hereunder except as set forth hel9in. (9) The heiKlings U88d In this Conlract are for convenience of reference only and shm! not be used for Interpreting the meaning of any provisions of Ihis Contract. (10) All provislonll of Ihis Contract which by Ihei' nal1n or context require performance or provide rightsafterlhe Closing Dale, includIng\Whoutlinilationthe pnMsionsolS1andard Q, shall SlJViveclosing. (11) SIgtlim8s aoo Initials communicated by eIeC1ronic or facslmlle transmission shall be binding. (12) This Contract may be signed in OOIlnterpMs, and said counterparts shall col\ectlvely constitu18 the entilll agreement of the parties. (13) Upon reasonable nolk:e, SELLER shall provide access to the Property to appraiser(s) lI1d surveyor(s) retained by BUYER. STANDARD T . NEGOTIATED TERMS; REPRESENTATIONS. Ar'rj and 81l8lms negotiated between the parties must be \\TitIen into this Contract. BUYER's decision to buy was based ~ BUYER's own i~1Ion of the Property. BUYER holds the broIcer(s) harmless from all liabiUty or loss caused by SELLER's fajllll! to disclose material facIs in accordance \\ith this Conlnlct, representationl rag8l'llilll the property's condition, or broker's referral, recommendation. orrel8ntlon of any vendor. The parties ~reethatassistalce 10 a party by a broker does rot and \'AI not, make the broker responsille for pefform:n:e. STANDARD U . BINDING CONTRACT; LEGAL COUNSEL THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLUER COUNTY BAR ASSOCIATION AND ASSOCIATIONS OF REAL TORS DOES NOT CONSTITUTE AN OPIN ION THAT AN'( OF THE TERMS AND COODmONS IN THIS ccmRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS ISA LEGALLY BINDING CONTRACT FORM. EACH PARTY ACKNOWLEDGES THAT PRIOR TO SIGNING mE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED, REAL ESTATE TRANSACTION STANDARDS A THROUGH U HAVE BEEN RECEIVED AND REV~WED, AND THAT PARTY HAS BEEN ADVISED BYTHE REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN CONNECTION WITH THE TITLE ST A rus AND CLOSING OF THIS TRANSACTION. BUYERANO SELLER AREADVlSEO TO CONSULT AN APPROPflIA TE PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENT At, AND OTHER SPECIALIZED ADVICE. THIS CONTRACT SHALL BE. BlNDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST. SAlES CONtRACT (ftESlDENTlAlIMPROVED PROPERlYl (NABOR 11-11.2005) p-. i of. 3.1211 Agenda Item No. 16G3 February 27, 2007 Page 26 of 27 Addendum A The agreed Purchase Price between Seller and Buyer for 3148 VanBuren is $90.000.00 The Deposit on this contract as set forth in this contract is $1.000.00 The amount of$89,OOO.00 shall be due at closing as set forth in paragraph 3.01 of this contract. lnilial Buya: Initio! ScI.... ~ Approved as to form & legal Sufficiency -01Yo .'Lt'i4J'!. {J+.ud f ~fL-/Jt:;~t~ Agenda Item No. 16G3 February 27, 2007 Page 27 of 27 Addendum . B SeIIcr agrees to COIlvey "Ce:rIi1imW ofrtlic" Stale of Florida fur 1he mobile bmne wbich is on 1his pon:eIas cJeacribcld in 1he _.I-.d CODIract and Exhibit A at 1hc agteed time of closing as slIlIed in pamgrapb 3.01 of1his COIIInICL SeIIcr also a&1"" 1hat1he mobiJe home on 1his pon:eI is being sold -AS IS'" and _It will be de\ivcred at closing "'Broom Cleon. - ......- ~Sdhr ~ Approved as 10 form & tegel Sufllctency /'h', A ~"'. JJI (117 ,,/ uUJt.;.d-&r . czhuRnt Cnuntv Attornev U Agenda Item No. 16G4 February 27,2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Can alia due to certain construction and permitting delays OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due to certain construction and permitting delays. CONSIDERA TIONS: On February 28, 2006, the Community Redevelopment Agency approved a Site Improvement Grant for Mr. Peter Canalia dba Lofts on Bayshore Development Company, Inc., a commercial mixed use project within the Bayshore Gateway Triangle CRA. The grant's estimated project cost was $104,040 and the approved CRA matching grant amount was $8,000, or 7.7% of the total estimated cost. The purpose of these grants is to revitalize the area by providing an incentive to property owners through a matching grant to encourage the private sector to invest in their property. In FY 2006, the grants required at least a 50% match from the applicant and were funded by tax increment funds (TIF). Mr. Peter Canalia, an approved grant applicant, has requested a grant extension until June 30, 2007. The developer and construction contractors fell behind schedule due to permitting processes and inspections for City of Naples water connections. The Bayshore Gateway Triangle Executive Director has been in continuous contact with Mr. Canalia and visited the project site on numerous occasions. The Executive Director has reviewed the request and recommmends the CRA Board extends the Site Improvement Agreement from February 28, 2007 to June 30, 2007 for Mr. Canalia's project. FISCAL IMPACT: The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a maximum grant amount of $8,000. A maximum of $8,000 was approved on February 28, 2006 for the Site Improvement Grant project and the FY 07 budget provides funding for previously approved projects - including this grant obligation. RECOMMENDA TION: Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due to certain construction and permitting delays from February 28, 2007 to June 30, 2007 and authorize the CRA Chairman to execute the attached Amendment to Site Improvement Grant Agreement letter dated February 28, 2006. Prepared by: David Jackson, Executive Director Bayshore/Gateway Triangle Redevelopment Agency Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16G4 February 27, 2007 Page 2 of 9 16G4 Recommendation far the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the eRA and Mr Peter Can alia due to certain construction and permitting delays 2/27/20079:00:00 AM Date Prepared By David Jackson Community Redevelopment Agency Executive Director Bayshore~Gateway Redevelopment 2114/20072:49:42 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director 8ayshore-Gateway Redevelopment 2114120072:49 PM Date Approved By OM B Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 211512007 3: 16 PM Date Approved By Mark Isackson County Manager's Offtce Budget Analyst Office of Management & Budget 2116/2007 3: 52 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 21201200710:26 AM Agenda Item No. 16G4 F~br~';;7 ..2007 AMENDMENT TO EXTEND GRANT AGREEMENT BETWEEN BA YSHORE {iA I ~~~~ of 9 TRIANGLE REDEVELOPMENT AGENCY AND OWNER FOR SITE IMPROVEMENT GRANT COMPLETION OF CONSTRUCTION THIS AMENDMENT TO AGREEMENT ENTERED into this 27th day of February 2007 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and Mr. Peter Canalia dba Lofts on Bayshore Development Company, Inc. (hereinafter referred to as "Owner") (collectively, the "Parties"). WIT N E SSE T H: WHEREAS, Owner has previously applied for and entered into an approved Site Improvement Grant Agreement for properties located at 3570, 3580 and 3590 Bayshore Drive in the amount of $8,000.00 dollars; and WHEREAS, the Owner has requested an extension of the time to complete construction of Site Improvements under that Agreement due to construction and permitting related delays. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the Parties agree as follows: 1. Owner agrees to complete the construction of the Site Improvements no later than June 30, 2007, and all other terms of the Parties' Agreement will remain in effect. IN WITNESS WHEREOF, the Parties have executed this Amendment to Agreement on the date and year first written above. (l)ot'~ fJ~~ Witness Signature /.. 0 V' ra ; 1-\ e.. 8 Y' ~ J e ~ a. V1 PrintedlTyped Name OWNE~ BY:~.' . f~ ~~A-L(A Printed!Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: 1h~011.~~-~ Marjorie tudent-Stirling Assistant County Attorney Agenda Item No. 16G4 February 27, 2007 Page 4 of 9 LAW OFFICES OF 111 E. Chestnut Street - Suite 28-8 Chicago, IL 60611 (312) 560-0362 400 East Lincoln Highway New Lenox, IL 60451 (815) 485-9300 18525 Torrence Avenue Lansing, IL 60438 (708) 474-6200 Fax:(708) 474-6260 DIRECT ALL INQUIRIES TO LANSING, IL PETER B. CANALIA Toll Free: (877) 474-6200 E-Mail: pbc-Iaw@sbcglobal.net Website: www.peterbcanalia.com February 14,2007 Mr. David Jackson Executive Director Collier County Community Redevelopment Agency 2408 Linwood, Ste. 7, Unit 11 Naples, FL34112 Re; Site Improvement Grant Dear David: Further to my e-mail of November 20,2006, and our e-mail correspondence of February 13,2007, I am writing to request an extension to complete construction of Site Improvements per our Agreement dated February 28,2006. As oftoday's date, the following items are complete: 1. The ramp on the South side of the building has been removed; 2. The existing stairway on the West side of the building has been removed; 3. The new entryway on the South side of the building has been completed; 4. The entire building has received a new coat of stucco; 5. The entire building has been painted. The remaining items are: I. A new entryway will be installed on the South side of the building; 2. A new metal railing will be installed on the South side of the building. I did not want to install the new entryway or railing on the South side until such time as the materials for the buildout of the second floor residential lofts are delivered. Once this is Agenda Item No. 16G4 February 27,2007 Page 5 of 9 LAW OFFICES OF PETER B. CANALIA Mr. David Jackson February 14, 2007 Page 2 complete, the remaining two items will be completed. Approximately 90% of the estimated $104,040 construction costs has been paid in full. Please accept this letter as my request for extension to June 30, 2007, to complete the final items noted above. Very truly yours, . Peter B. Canalia PBC:lb Ene. lawofticelbayshorelcorres. Agenda Item No. 16G4 February 27,2007 Page 6 of 9 AMENDMENT TO EXTEND GRANT AGREEMENT BETWEEN BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AGENCY AND OWNER FOR SITE IMPROVEMENT GRANT COMPLETION OF CONSTRUCTION THIS AMENDMENT TO AGREEMENT ENTERED into this 27th day of February 2007 by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and Mr. Peter Canalia dba Lofts on Bayshore Development Company, Inc. (hereinafter referred to as "Owner") (collectively, the "Parties"). WIT N E SSE T H: WHEREAS, Owner has previously applied for and entered into an approved Site Improvement Grant Agreement for properties located at 3570, 3580 and 3590 Bayshore Drive in the amount of $8,000.00 dollars; and WHEREAS, the Owner has requested an extension of the time to complete construction of Site Improvements under that Agreement due to construction and permitting related delays. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the Parties agree as follows: 1. Owner agrees to complete the construction of the Site Improvements no later than June 30, 2007, and all other terms of the Parties' Agreement will remain in effect. IN WITNESS WHEREOF, the Parties have executed this Amendment to Agreement on the date and year first written above. (l)ci~ !3~~ Witness Signature I- 0 I(" reI ; '" t:- 8 Y' ~ j e /H a. VI Printed/Typed Name OWNE~ BY:~. \ . 1'1Zi1YL ~ Cw4-LlA PrintedJTyped Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney Agenda Item No. 16G4 February 27, 2007 Page 7 of 9 GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 28tJ day of F~r2.ii ALI.-f ' 2021(, by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and The Lofts on Bayshore Development Company, Inc., (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 $8,000.00 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and a grant award in the amount of $8,000.00 dollars on , 2006 ("CRA Approval"), which is 7.7% of the costs to construct the was approved for Fe'Oel\~t.j La 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 of the Grant Program, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as 3570, 3580, 3590 Bayshore Drive, Naples, FL. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the eRA dated January 17, 2006 (the "Site Improvements") 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. Agenda Item No. 16G4 February 27,2007 Page 8 of 9 5. CRA has approved a grant to Owner in the amount of $8,000.00 to be administered pursuant to the terms of this Agreement based on an estimated cost of$104,040.00. If the actual costs are less than the estimated costs to construct the Site Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the 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. Agenda Item No. 16G4 February 27, 2007 Page 9 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (I) ( "-1..-.1L.-1<..01l1Ctdir../:..,/ By: Lofts on Bayshore Development an1ZJ...n nee. . r "''.~JlJiLu~ J;;; 11 /1 t )11{:. Cab ~ Printedffyped Name Peter B. Canalia, President Printe<Jrryped Name %>\ .t'/ (2) . . "" I it lit-'--. Witness SignatUre ~~~ J ,l}C[./"c Print yped Name A TrEST: DWIGHT E. 'BROCK. Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By, @~ j~~ DONN FIALA, ChaIrman 1\; Approved as to form and legal sufficiency: 77l~-1-"(!..'UL ))7 (Jt(~'(l~d .. /~;~ c.t'; ~:1 71';"'.),:I}:1f,<-';- (-l\;i.-;V /}71ZXI-L.Y J Asslst:mt LOunty Attorney -17'1')-;."2' )) '-:,i U J Jl7" ~ 71 ^ {J 4 ,;.. (/ 1/~(j :Ie: ,C' / '- Agenda Item No. 16G5 February 27, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4048 Full Moon Court. OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4048 Full Moon Court. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. - BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare. . ..' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): · Site acquisition and infill housing (Illustration IX-14) · New multifamily housing (Illustration IX-14) · New single family housing (Illustration IX-14) CONSIDERA TIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a - provision for the creation of CRA programs to remove substandard or blighted homes or acquire Agenda Item No. 16G5 February 27,2007 Page 2 of 19 vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. * Offer builder incentives, if necessary, 8. * Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. * NOTE: The CRA has applied for a Community Development Block Grant (CDBG) through the Collier County grant office. If awarded the CDBG Grant, portions of the funds will be used to satisfy objectives 7 and 8 above. The CRA commissioned an independent appraiser to assess eight (8) separate mobile home sites in the Neighborhood Focus Initiative area (a blighted area). On December 27, 2006, each mobile home property was appraised at $90,000. On February 2, 2007, Mr. Mark Owens and his wife Vanessa Uzupes offered to sell the CRA a vacant mobile home lot at 4048 Full Moon Court, for $90,000, a price consistent with the appraisals of other mobile home lots in the neighborhood. Because the purchase price is less than $100,000, the County will perform an in-house appraisal at a cost savings to the CRA. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board on February 6, 2007. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the eRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforcelgap housing unit). Agenda Item No. 16G5 February 27, 2007 Page 3 of 19 FISCAL IMP ACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Add ress Amount 0-'-. _ .____ ~_...__..__~______.._._,_..,_ _ ?,OQQ~OQQ-,QO . _____. -4..600-,-00Q.:.Q.0 -139.350.00 -95,650.00 .____..___-~Q.&09. 00 -90,000.00 _,'.__'___'_'_'~_~.m"_ -90,000.00 -_....._---,----- ..- ,895,000.00 17 Acres Ellet . ___...___..__d_~:...A..ug_Non~~ Bay!;hore [)!i'\ie. MH Lot - Trailer Odierna 3008 Van Buren Avenue ---.-..-----'-..--___~._.__________.._._ -'-..------.__0'___._. ... MH Lot - Vacant Odierna None - Van Buren Avenue __ 0_ 'm' ,hm _.~ .....____~_._ ._.___._ ~___~_____.____..__.______..._.._____.___.____..__,.____.m.O.O..... m_" MH Lot - Trailer ,Stubli .3148 YCln .Buren AvenLJ.e. MH Lot - Vacant Owens 4048 Full Moon Court -------- -- . --.- - ~-_.-..---.--...f. ~ f\II..tL~()_t-.yClca_n!.__~z~pes 3252 Lunar Street 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. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: David L. Jackson on February 14, 2007 Executive Director, Bayshore Gateway Triangle Community Redevelopment Agency Item Number: Item Summary: Meeting Dale: Agenda Item No. 16G5 February 27, 2007 Page 4 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G5 Recommendation for the Communtty Redevelopment Agency to approve the purchase of a vacant residential (mobile home:1 lot In the Bayshore area of the eRA as parI of a eRA resldentlalmflll pro.lec!: to approve payment from and autl10nze the eRA, Chairman to make a draw from the Bayshore Gateway Tnangle eRA Wachovia Bank Line of Credit in the amount of S90,000 plus cost and expenses 10 complete the sale of subject property; and approve any and all necessary budgel amendments Site address 4048 Full Moon Court 2/2712007900:00 AM Date Prepared By David Jackson Community Redevelopment Agency Executive DIrector Bayshore~Gateway Redevelopment 2/151200712:27:06 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 2/15120071 :37 PM OMB Coordinator Date Approved By County Manager's Office Administrative Assistant Office of Management & Budget 2115120073:17 PM Approved By Marjorie M, Student~Stjrling Assistant County Attorney 2/16120074:00 PM Date Approved By County Attorney County Attorney Office Michael Smykowski Date County Manager's Office Management & Budget Director Office of Management & Budget 2/20/2007 1: 57 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 2120120073:31 PM -~_.~--~ =1 4 G i I I i Is tit dl ! III !JIIJJ ~ U~ .1 1.1 I Lf') r- O'l (.90"- c.oO~ ,<""",NO . r--: L[) ~N~ ,::Cro -roCL ell::::l ==:.... ro..D -0 ell eLL ell OJ <J:: ~ = @ilC:' ~ IS ~ @l --p;~ [?@, @l)~@ ~ ;:;:."\l= @ (98 @l ~ I ~~ ~ c:::J "@ 21 6e&B@)~ @)@@5@Jl) ].8 _=b of:~l!oJi .81"05.8 ,I:. :S:D,I:.,I:. ~iS".=Si;;; !'&j=,flii :iil!is l~~ioi :S~5t. at 'Giz;.1 .5'!C'GJ!= E.2Eij!:E: .2111') gi -Ii 1 ~ :0. of: .., jOii.,g5 J!il~jl .-!..2>!:>. io.Ji'G= ~il~-il -::& ,I:. CII J!~ 0_ e~ ~!~ "O~ O~ O.CfJ ....1:: :t Q) "t: ._ ~ .. 0 c: ~o.Q- l=oC:.c:U) ~ ~.~::s ~ Ci' CD Co) ;jCQ~af 5 ]~ E'- 52 ol. ~.i:' c:c:_ ::s ::s c: 88~ ~i~ 1515" 000 . ..: . tt5 i .0 · !:. 00 ":4D . "" GoO CD i. ";00 J;' ~ ~~ .11.= lfr .tll~~ i~ <<>>j~: ;; <<'iN 0000 "'i. NN 15~j!: ,I:.'i 1;:..... fj!: jJor!5 e.. c~",: =5 ~....N ......... ON':4DNN4D ctaiticiwu.:~ . ~ = .!I .. c ~ _ 1 ~ :&~ c .. .a-2- 0 .. ~..! i.!!~g at I ~ ~.2 is e~i!.s t = 0.-1 e. .a il~~!I-Bg ~ ~ 11! ~e c e;~~,I:. oG i il:!tl i ~~!&if~~~il ti~~j:j~~ ~:~iil1~ltj~! ~ltjl~!!lljijl~ir;lcj~ji ~.2cg=s~i-g~i.:~~c~~~I~~ .~ilejif~I~5i!II~~.t!li~ li~",:~~~~g ",:~~~~ee~E!~~g o8NNNNN!_.........~""33,1:...c!o ~~N M~ ~ ~~G~ '-- i "iI ! . .'. . ~"}:) .. i J '-- I _.J . r ORI(;INAC;:y~~,1~~? Page 6 of 19 THIS AGREEMENT is made and entered into by and between MARK OWENS /1 .1.. (hereinafter referred to as "Seller") , and Collier County,t!Redevelopment Agency, aU'!>1I(101/J'7 political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). AGREEMENT FOR SALE AND PURCHASE WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 4048 Full Moon Court, Naples, Florida 34112 (hereinafter referred to as "Property") , located in Collier County. State of Florida. and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. 1::\ NOW. THEREFORE, and for and in consideration of the premises and thtlespective undertakings of the parties hereinafter set forth and sum of . 1 --- - ---, Dollars VJ ($ /o.:~ .), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE ~ 2.~The purchase price (the~rchase Price") for the flrop~ shall be ~ N~~V.v.--J M J.l,,,,,, -------- Dollars ($ q OJ 00 o,~ .). (U.S. C rency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before jrt.A v / S- ,2007 following execution of this Agreement by the Purchaser. un~ss extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office. Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property. free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. Inilial8uyef~ ~ Initi81Seller~ ~ 1 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. Agenda Item No. 16G5 February 27, 2007 Page 7 of 19 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the titJe unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to Initial Bujlllt Initial Seller "IJ ~ 2 Aqenda Item No. 16G5 title, Seller shall have thirty (30) days to remedy any defects .in o.rder to ?Onv~ebruary 27, 2007 good and marketable title, except for liens or monetary obll9.atlons which WIll Page 8 of 19 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees to convey all properties vacant and free of all tenant occupants on or before the day of closing. Buyer has the right to inspect all properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that 1. Soil tests and engineering studies indicate that the Property can be developed without any abnonnal demucking, soil stabilization or foundations. 2. There are no abnonnal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Initial Buyer-:-;--\-- r.x-- InItiaISe"r~ ~ 3 . . Aae[lga Item No. 16G5 any investigation, Purchaser shall deliver to Seller prior to t~e eXpiration ?'1' b~bruary 27, 2007 Inspection Period, written notice of its intention to w~lVe th~ applicable Page 9 of 19 contingencies or to terminate this Agreement. If Purchaser fads to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed. provided Seller is not in default, then as Seller's sole remedy, Seiter shalt have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent (1%) 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 paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. Inilia1BuY8r~ ~ InitilllSeHer~ ~ 4 Agenda Item No. 16G5 February 27,2007 Page 10 of 19 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 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. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 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. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. .. \ ~ 11.017 Seller represents that there are no incinerato~.~ or cesspools on the Property; all waste. if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly InllialBuyer_ ~ Initial Seller vJ .@l- 5 Agenda Item No. 16G5 February 27. 2007 into any body of water. Seller represents the Property has not been used for Page 11 of 19 the production, handling, storage. transportation, manufacture or disposal ?f 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 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. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 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. 11.020 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 SeUer'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. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Initial Buyer ~ InkiBI Seller v..J ~ 6 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand. instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle c/o David Jackson. Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Marjorie Student-Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: With a copy to: 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. InilialBuyer~ ~ Initial Seller~ ~ 7 Agenda Item No. 16G5 February 27, 2007 Page 1 3 of 19 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Initial Buyer--,--"r- Initial Selie(~ ~ 8 Agenda Item No. 16G5 February 27, 2007 Page 14 of 19 14.10 This Agreement is govemed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. :::::~ J: 9 Agenda Item No. 16G5 February 27, 2007 Page15of19 IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Cieri<: , Deputy Clerk AS TO SELLER: DATED: ~ (pnn ted am e) = ~~ Ii (Slg ure) Oi7,..} ~IL- (Print ame) Approved as to form and legal sufficiency: ='.- fJt-~-~ . Marjo' Student-Stirling 0 Assistant County Attorney CRA BOARD OF DIRECTORS COLLIER COUNTY, FLORIDA BY: , Chairman BY~ ~jJ~ VO/Icsst; M - OZ-Oft2S 10 Agenda Item No. 16G5 February 27,2007 Page 16 of 19 Details E,lj" l- If Page 1 of4 A..e.rial Folio No. 53350260000 Scroll for Additional Information Owner Ham OWENS. MARK Add_ PO BOll 10853 C NAPLES StIIIB FL Zl 34101 - 0853 Legall! LAKE KELLY UNIT 2 LOT 8 ~ Acres Map No. 0.11 5A14 63 2006 Final Tax Roll (Subject to Change) If all Values shown below equat 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value S 47,278.00 +llmDroved Value S 9.794.00 I"') Market Value S 57.072..00 (-) SOH ExemDt Value S 0.00 1=) Assessec:l Value S 57.072.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value S 57,072.00 Oaee 05 I 2005 Book - Page 3804 - 2305 Amount I $ 82.000.00 SOH", 'Sall9 Our Hooles" exempt value due \0 cap on assessment IOC<ea.... httn ://www.col1ierannrai~er.comlR ecordOetail.a'lo?F olio1D=O00005 31 50260000 2/12/2007 wuu (.If(, v JO Z ;,'3Bd uuuu~"U~t t~UUUUU=U1V! tV ,j(......, t!"j"UP~v",,, ~f"'v" ~"~!"""''''''~'''!HV'' Jt"'''''ff'Y+I'f Agenda Item No. 16G5 February 27, 2007 Page 17 of 19 (/ It'/"9 sl!m~a Agenda Item No. 16G5 February 27,2007 Page18of19 Df;ta1ls Page 3 of4 8<fllrJ/r A r EasySketch II 12 9 20 46 MH 552 ALOP 180 Details: File: 53J50260000.xml Area Summaty. Comments: h..~.II""",,, N. 11 ;"'''''nn~''; ""'r r.nmlR Pr.Clriln~tai l.a~n?F olioID=OOO0053350260000 2/1212007 Details ".lei' The Information is; Updated Weekly. 1.._.11....."., .......11;4...............:"'.... ,,"'.....ID...........An_,,;l ........?t:'....l;....Tn=l)n"nn~.,'l.c:n,.,J:nnnn GX;1ia/, A Agenda Item No. 16G5 February 27, 2007 Page 19 of 19 Page 4 of 4 '1f1'"lf'lnn'7 Agenda Item No. 16G6 February 27,2007 Page 1 of 19 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3252 Lunar Street. OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3252 Lunar Street. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: I. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV-20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): · Site acquisitio n and infill housing (Illustration IX -14) · New multifamily housing (Illustration IX-14) · New single family housing (Illustration IX-14) - CONSIDERA TIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire Agenda Item No. 16G6 February 27,2007 Page 2 of 19 vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. * Offer builder incentives, if necessary, 8. * Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. * NOTE: The CRA has applied for a Community Development Block Grant (CDBG) through the Collier County grant office. If awarded the CDBG Grant, portions of the funds will be used to satisfy objectives 7 and 8 above. The CRA commissioned an indepen'dent appraiser to assess eight (8) separate mobile home sites in the Neighborhood Focus Initiative area (a blighted area). On December 27, 2006, each mobile home property was appraised at $90,000. On February 2, 2007, Ms Vanessa Uzupes, and her husband Mark Owens, offered to sell the CRA a vacant mobile home lot at 3252 Lunar Street, for $90,000, a price consistent with the appraisals of other mobile home lots in the neighborhood. Because the purchase price is less than $100,000, the County will perform an in-house appraisal at a cost savings to the CRA. This offer was accepted by the Executive Director, contingent upon CRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board on February 6, 2007. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work forcelgap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). .- Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit). Agenda Item No. 16G6 February 27, 2007 Page 3 of 19 FISCAL IMPACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues. Wachovia $7M Line Of Credit Summary Purchase Seller Date Amount .. ?..()()(),-()()() :()O. 6-Aug. None - Bayshore Drive . .. .. .~E.ClO..'Q.og~QO .. T360sVan Buren Avenue .r ... -139,350.00 .1 LJIJ().0~:. Van.Buren Avenue-95,650:00 13148 Van Buren ~ven.LJ~_ _nn_~..__~:~Q,gQO.OO j4048 Flj!I""'()()rl.Court ..... :9q,OO.Q:QO ;3252 Lunar Streetu .:.~O,OQo...Q.O $ 1,895,000.00 Address 17 Acres Ellet --...-........,----..- --.- MH Lot - Trailer Odierna --_..._._~-~-,. .._--_..,------~----- -. --' --.------ -~--- "'---- MH Lot - Vacant Odierna -...'.'.'--'-"-'-'- ----- MH Lot - Trailer . Stubli _____ ..._.. ._ . .___ n..__.'_ _ . MH Lot - Vacant . Owens ~_..._-_.... --.--..-t . ~tl~()t..:Y~cCl.n!_-+-LJzljpes -TU'--H---'.----- 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. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDATION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreement; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the property via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: David L. Jackson on February 14, 2007 Executive Director, Bayshore Gateway Triangle Community Redevelopment Agency - Item Number: Item Summary: Meeting Date: Agenda Item No. 16G6 February 27. 2007 Page 4 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G6 Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant reSidential (mObile home) lot In the Bayshore area of the eRA as part ot a eRA reSldentlalmfHl project: to approve payment from and auttlorize the eRA, Chairman to make a draw from the Bays hare Gateway Tnangle eRA Wachovla Bank Line at Credit in the amount of $90.000 plus cost and expenses to complete the sale ot sUbject property; and approve any and all necessary bUdget amendments Site address 3252 Lunar Street 2/27/20D7 9.00:00 AM Executive Director Date Prepared By David Jackson Community Redevelopment Agency Bayshore-Gateway Redevelopment 2/15/200712:29:50 PM David Jackson Executive Director Date Approved By Community Redevelopment Agency Bayshore-Gateway Redevelopment 2/15/2007 1 :38 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2/15/20073:17 PM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 2/16/20074:00 PM Approved By County Attorney County Attorney Office Michael Smykowski Management & Budget Director Date County Manager's Office Offlce of Management & Budget 2120/2007 1: 53 PM Approved By James v. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20/20073:34 PM (0 r-- m (90....- (00- ....-N 0 . r--- L.() ~N(1) ..-cf? croLL (1)::l ::::.... ro.D -0(1) CLL (1) OJ <( @!l = @l~ ~ ~ ~ @!l -.. ~ ~ [?~ @ ~ @ r::, ~ = @ (i\'3 @ g~~ ~ ~~~ ~~ ~ c::l ~(i3@!lg @l@j@5@i) 1! .c:b -e:t:l!o)S .81-og=S J::. :g=J::.J::. .!!t:.:a~i .'alC:~tD ii!!is lrllol .~:;'i.l .uS a.. ~ 'U b!!!. .E"iC:'U.!!= i:S.cJ::.> t:_s_....c .2;51.! ~'ie.l~ i ls. 'U i: -e :s joi .8 .!!i!!i~ .-!.il!>!>o ifJG.'U= -S.s.:!) !:lii-~; .!! o!il t:~ i.!;; 1 "---- --- ....--~-I =, 4 G i I I i II III dl ! III -)'111 ~ I J .. ,. 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I i No. 16G6 rY 27,2007 age 6 of 19 THIS AGREEMENT is made and entered into by and between VANESSA M UZUPES ,.tJ"f (hereinafter referred to as "Seller"), and Collier County"Redevelopment Agency, a (1-"...J political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3252 Lunar Street, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of th~s hereinafter set forth and~e sum of I,J - l-t>Al- Dollars V ($ /" I ~ .), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sea to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE Price") for the Property shall beJ -----Dollars ($ C;o CUd. -!?f; .), ) III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before w1::ls:5 ,2007 following execution of this Agreement by the Purchaser. u extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples. Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Initial Buyer Inililll SeUer ~ l/JL= 1 Agenda Item No. 16G6 February 27, 2007 Page 7 of 19 3.0113 A "Gap: Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Trtle Company verifIeS that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment. referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed. in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated. which shall be renditions precedent to the Closing; 4.011 Wrthin twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL TA 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. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to I nllial Buyer lnililll Sellllr v.J iI= 2 Agenda Item No. 16G6 title, Seller shall have thirty (30) days to remedy any defects in order to confe}bruary 27, 2007 good and marketable title, except for liens or monetary obligations which will Page 8 of 19 be satisfied at Closing. Seller, at its sole expense, shalt 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. A failure by Purchaser to give such written notice of tennination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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", if any. Seller agrees to fumish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees to convey all properties vacant and free of all tenant occupants on or before the day of closing. Buyer has the right to inspect all properties the day of closing to confinn said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser eleds to terminate this Agreement copies of the appraisal reports shall be fumished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall tenninate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of Initial Buyer:-:-1-- ~ Initial Sel*~ \If-- 3 Agenda Item No. 16G6 any investigation, Purchaser shall deliver to Seller prior to the expiration of EhEbruary 27, 2007 Inspection Period, written notice of its intention to waive the applicable Page 9 of 19 contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PROM TIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants andfor agreements contained herein which are to be perfonned by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perfonn 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 Seiler's sole remedy, Seller shall have the right to tenninate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon QM percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seiler's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. Initial Buyer ~ 'nitia'SeHerll ~ Agenda Item No. 16G6 February 27,2007 Page 10 of 19 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and suffic;ent remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be detivered to Purchaser and/or Seller, if necessary. . 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 'I. ) CD 11.017 Seller represents that there are no incinerators, ~ks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly Initial Buyer InllilIl Seiter vJ ~ 5 Agenda Item No. 16G6 February 27, 2007 into any body of water. SeUer represents the Property has not been used for Page 11 of 19 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 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. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 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. 11.020 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 perfonn 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. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Inilial Buyer Initi.ISel1er~ i= 6 @ Agenda Item No. 16G6 February 27,2007 Page 12 of 19 vJ 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seiler's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency BayshorelGateway Triangle c/o David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Marjorie Student-Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: With a copy to: 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Initial Buyer_ In~ial Seller-lll- ~ 1 Agenda Item No. 16G6 February 27,2007 Page 13 of 19 XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership. limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida StaMes.) Inililll8uyef~ ~ Initial SeViarM:L... -ef- 6 Agenda Item No. 16G6 February 27, 2007 Page 14 of 19 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. Initial Buyer Initial Seller vJ ~ 9 Agenda Item No. 16G6 February 27, 2007 Page 15 of 19 IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Cieri< , Deputy Cieri< AS TO SELLER: DATED: Approved as to form and legal sufficiency: flr\r~~-Lh~A~~ Marjo Student-Stirling Assistant County Attomey CRA BOARD OF DIRECTORS COLLIER COUNTY, FLORIDA BY: , Chairman } )J~"esS(A M. J t: A J 10.. U l-LJffS BY: (IC&~'- ~~ ,<<Ate!( OWf!17 10 Details 61.6,/ /l Page 1 of4 Agenda Item No. 16G6 February 27, 2007 Page 16 of 19 Aerial Folio No. 29430320001 Scroll for Additionallnfonnation OwMr- UZUPES, VANESSA M Add_ PO BOX 10853 CIIY NAPLES II State' FL u Z11l1 34101 .0853 I I I r I I Legalll CREWS LOT 9 Ac.... 0.24 s.c:tIon 13 Sub No. ~ UI~CQI!' 2006 Final 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 Valua S 53,040.00 . 1+llmDl'OVed Valull S 32,855.00 '-I Markel Value S 85,896.00 11-) SOH ExemDtValue $0,00 i=)~d Value S 85,895.00 11-1 Homestead and other Eumnt ValUll $ 0.00 '=1 Taxable Value S 85,895.00 D8l8 Book . Paoe Amount 07 I 2006 4078 - 948 S 75.000.00 11/2002 31112 - 2562 S 43,600.00 07 /1996 2208 - 1080 S 40.000.00 02 /1996 2151 . 2371 S 33,600.00 SOH. 'Save Our Homes' exempt value due to cap an _men! inCllNl&es. httn:/lwww.cnllierannraiser.comfRecordnetail.a.ln?Fol in Tn=00000294::\012000 1 2/12/2007 Details k++-.lln".n. r ........\1;.........___....~...,.... n....._/D ................IT\.........:1 ........_1)t.........1 :......1 f"\-(\{){\{\O"',,A ') (\"]".U\nn1 ""''''/'1nn,aoy LJelallS I EasySketch II tEl< t 1.'1 Page 3 of 4 - 1genda Item No. 16G6 Februarv 27, 2007 Page 18 of 19 APe 1488 Details: File: 29430320001.xml Area Summary: Comments: ALCAB 528 62 ALPC 216 24 12 12 44 62 18 12 12 http://www.collierappraiscr.comJRecordDetai.l.asp?F olioID=00000294 30320001 MH 744 2/12/2007 U'~KlI1'" IlI:I::DIlI The Information is Updated Wee~ly_ h~.II"'Un.iI ,.n'l''''''~''''''!'':l;~'''T ""l'T'l~",,."rr\n....t,,.il ~""7)Vnl,,,Tn=f\f'l(\()(\'JQ.d.":l;n":l;'JM(\\ at! ,II rd'" vr ~ , Agenda Item No, 16G6 February 27, 2007 Page 19 of 19 'J/1'Jnnrn Agenda Item No. 16G7 February 27,2007 Page 1 of 30 EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue. OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC ~SOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare. ...' BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program o Acquisition of vacant and dilapidated sites (page IX-6) o Demolish dilapidated and unsound buildings (page IV -20) 2. Bayshore Neighborhood Focus Initiative (NFl): o Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A): · Site acquisition and infill housing (Illustration IX-14) · New multifamily housing (Illustration IX-14) · New single family housing (Illustration IX-14) .- Agenda Item No. 16G7 February 27, 2007 Page 2 of 30 CONSIDERATIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a provision for the creation of CRA programs to remove substandard or blighted homes or acquire vacant lots and facilitate the construction of new housing that meets Collier County codes. Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had high crime rates or multiple Code Enforcement problems and blighted neighborhoods where substandard or aged housing existed. Following the example of other CRAs throughout the state of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned mobile home. The Neighborhood Focus Initiative program objectives are: I. To acquire mobile home lots (with or without trailers) from willing sellers, 2. Demolish existing structures, 3. Prepare the site for new construction, 4. Advertise to the private sector a Request for Proposals (RFP) for each lot, 5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines, 6. Select qualified builders to construct new housing that meets code, 7. * Offer builder incentives, if necessary, 8. * Market new housing at workforce or gap priced housing, 9. Require new housing to be deed restricted as owner-occupied housing. * NOTE: The CRA has applied for a Community Development Block Grant (CDBG) through the Collier County grant office. If awarded the CDBG Grant, portions of the funds will be used to satisfy objectives 7 and, 8 above. The CRA commissioned an independent appraiser to assess eight (8) separate mobile home sites in the Neighborhood Focus Initiative area (a blighted area). On December 27, 2006, each mobile home property was appraised at $90,000. On January 31,2007, Ms Cynthia Odiema offered to sell the CRA a mobile home lot and trailer for $139,350 and an abutting vacant lot for $95,650 at 3008 Van Buren Avenue, for a total of $235,000. The contingency on the sale is that they must be purchased as a pair. The vacant lot's price is consistent with the appraisals of other mobile home lots in the neighborhood. Because the purchase price is less than $100,000, the County will perform an in-house appraisal at a cost savings to the CRA. The lot with trailer is income property and Ms Odierna desired to receive compensation for that in the sales price of the property thus established a selling price of $139,350 which is $350 more that the highest and most recent appraisal comparable cited in the December 27th appraisers' report. This lot is being appraised by an independent appraiser. This offer was accepted by the Executive Director, contingent upon eRA Board approval, and presented to the Bayshore Gateway Triangle CRA Local Advisory Board on February 6, 2007. The Local Advisory Board unanimously accepted the proposal to purchase and recommended to the CRA Board to authorize the purchase of subject property as part of the Neighborhood Focus Initiative. It is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire this property, construct new housing and resell the residence as work force/gap housing. Presently the Land Development Code allows an owner of a mobile home zoned lot to install a replacement mobile home unit. Replacing mobile homes with new construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's Agenda Item No. 16G7 February 27, 2007 Page 3 of 30 Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality home within the Coastal High Hazard Area (CHHA). Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile homes and replacing them with a foundation home built to current building codes and resold as an owner-occupied workforce/gap housing unit). FISCAL IMPACT: Funds in the amount of $235,000 plus cost and expenses to complete the sale of subject property (title insurance, attorney's fee, closing services and recording fees) are available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget amendment is needed to recognize the draw on the CRA line of credit and expenditure for the purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues. Wachovia $7M line Of Credit Summary Purchase Seller Date Address Amount ---, -_. -----'-- ..,.~.- ._-~ . .. .. .....J $__..__r!.~Q.O-,.QQO~QO _~~____~_~Aug t ~~ne - Bayshore Q~ive ~ __ ------.-.--,---=~~~Q.9.,~__QqQ:.Q.9 3008 Van Buren Avenue -139,350.00 .. ... .lNC)6~_~\lari-8 urenAvenue. .":--=..~.--=~~~,65Q:9.o 3148 Van Buren Avenue -90,000.00 I'" .. ............. -. .... '.On__.._...__..___.__.. .::40:48 Full Moon Court -90,99.0.0.9 _~~?52~LJ.I1.ar.StrE!E!L. ___ -~o,q()O.OO $ 1,895,000.00 17 Acres . Ellet -- ---.-.-- _._,......,..._-~--_._,....__.~_._,-_.- MH Lot - Trailer Odierna ___"_'__~___'__' .~__. ...,.,.__,__~._.._'..._mm.._ MH Lot - Vacant :Odierna MH Lot - Trailer . Stubli _~_._______ ~'.. ____.__ .._m_.'.~__._._~__".___.___.____.__ MH Lot - Vacant Owens MH Lot~.Ya~a_nL~, Uzupes 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. This property is a part of a targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit A. RECOMMENDA TION: That the Collier County Community Redevelopment Agency: 1. Approve the attached Purchase Agreements; 2. Authorize the CRA Chairman to execute same on behalf of the Board; 3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to close the transaction from the CRA Wachovia Line of Credit; 4. Accept the conveyance of the properties via Warranty Deed and authorize the Executive Director or Assistant County Attorney to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: David L. Jackson on February 14, 2007 Executive Director, Bayshore Gateway Triangle Community Redevelopment Agency Agenda Item No. 16G7 Februarv 27, 2007 Page 4 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G7 Item Summary: Recommendation tor the Community Redevelopment Agency to approve the purchase of a residential imobile home) lot and abutting vacant lot in the Bayshore area of the eRA as part of a eRA residential infill proJect; to approve payment from and authorize the eRA Chairman to maKe a draw from the Bayshore Gateway Tnangle eRA VI.'achovia Bank line of Credit In the amount of $235.000 plus cost and expenses to complete the sale of subject properties and approve any and all necessary budget amenamenls Site address: 3008 Van Buren Avenue Meeting Date: 2/27/2007 90000 .~M Prepared By David Jackson Executive Director Date CommuOIty Redevelopment Agency BayshorewGateway Redevelopment 2115/200712:42:37 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 2/15/20071 :39 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Offjce of Management & Budget 2/15/2007 3: 18 PM Approved By Marjorie M. Student~Stirljng Assistant County Attorney Date County Attorney County Attorney Office 2/16/20074:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/20/2007 1 :59 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/20/20073:39 PM 1'-1'-0 (90("') c.oO~ .......NO . r--: L() ~N(1) ;>.01 EL..ro (1)CUCL _;:l -;;.0 -0(1) eLL (1) 01 <{ @l = @l~ fSlS ~@ -- ~ ~ !?@, @ c::--- @ b ,:AJ = @ ~ @) ,g2?~ @'ii)~@~ ~c::::J ~ 21 iJ(?3@<:=J @)@3@5<!!/l) 1~ .c:i- €~l!!:i5 .8lo~18 &:. lJ:cl&:.&:. ~~.'iii~i e'a.)C:,J1D iil!-,S i~lli: .~:JI.-g -uE 0.. ~!i'"ai! E.2;i.=l: .2131 .1 g e.1a j~li:ls ;]1;,1 I ii~I!ll= -s .cClll .!!:$ 0_ t:l= i.!~ ~ f5 ~g> Ec; ~c: ol. ~~ c:c- ~ ~ c 88~ ~i 8- ~~~ "a~ O~ Oo!! ~Q)t:~ ~ ... 0 c: ~O.Q- j::.c:.cCl) ~ ~.~ ~ ::) ca CD 0 ;!102:LL. .. J ~ i ~ - 1 ~ :&~ c f: SJ2j i . I~~; I!~! r ~ "a :Jl Ee- ii- =c.(~ 0. ~ 0.- .. # ~>iJI-iO ~ s 11:111 I :-ii} ~i~fl ii~~iii;~ irilll~~iil!! ~Iilt~!!ii!i!i!lrtlcifji ~.2c~'iii~I-il!!-.~~~c~~~~~~ .~il!jl[~tg~I~II~~.i!~i~ ie-3~~~~~g ~~~~~ee~E.~~~ !88NNNNN!_.~~~~33&:..ic!u t~N n. ~ G~_G =, ~ <i I I t I II !lldl ! II; -)1111 ; I 3 .1'. ! Gl ..: . fI5 1 .0 Gl . .0 ":10 ~ ~ IIiIli ID it .n.n I;' ~ :: c'; 5 alal :rl~~ J~ Ij~; ;; I "'n ufuf ~&:. NN i~:ii ,t 11.n= e~ cC'i_ 55 g...:..... ........ UC'i":fOHNfO cllicjcuiu.:c; i J t:"~":;"f~...{y,<?~:<>.~, ,I ~ '. <II ~ i I \ ,J ---------~-'-~ ---.-.~--,--~ .'~-_.~' --.. ~~~.<,1ltem No. 16G7 M bruary 27, 2007 k Page 6 of 30 THIS AGREEMENT is made and entered into by and between CYNTHIA ODIERNA/; J,)l (hereinafter referred to as "Seller"), and Collier County^Redevelopment Agency, ae...-.'" political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). AGREEMENT FOR SALE AND PURCHASE WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property located at 3008 Van Buren Avenue, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. I. AGREEMENT 1.01 In consideration of the purchase price and upon the tenns and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "N'. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Thirty-Nine Thousand Three Hundred Fifty Dollars ($139,350.), (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before May 3, 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. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be detennined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure. the "gap" and issue the policy contemplated by the title insurance commitment. Agenda Item No. 16G7 February 27,2007 3.0114 A W-9 Form, "Request for Taxpayer Identification and Page 7 of 30 Certification" as required by the Intemal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specifl8Cl within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions prececlent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an Al T A Commitment for an Owner's Title Insurance Policy (AlTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the tiUe commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 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 willybe satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event SeUer 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 Pu.rchaser. may terminate the Agreement. A failure by Purchaser to give such written noti~ of termination within the time period provided herein shall be deemed an election Agenda Item No. 16G7 by Purchaser to accept the exceptions to title as shown in the t~bruary 27, 2007 commitment. Page 8 of 30 4.013 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", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees to convey all properties vacant and free of all tenant occupants on or before the day of closing. Buyer has the right to inspect all properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever. with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. Seller has the right to mediate any inspection issues. Buyer and Seller agree that either party may terminate this agreement if no agreement can be reach for satisfactory remediation of said property. Agenda Item No. 16G7 February 27, 2007 6.03 Purchaser and its agents, employees and servants shall, at their own risk and Page 9 of 30 expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent ~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 paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees. paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 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. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following; Agenda Item No. 16G7 February 27, 2007 Page 10 of 30 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and 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. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full perfonnance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other govemmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufadure 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. SeUer 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 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. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connecUon with the Agenda Item No. 16G7 Property in order to comply with any laws, ordinances, codes or regulation wfiHbruary 27, 2007 which Seller has not complied. . Page 11 of 30 11.019 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. 11.020 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 PUrchasef in writing prior to the effective date of this Agreement. 11.021 Seller acknowtedges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES Agenda Item No. 16G7 February 27,2007 Page 12 of 30 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle cia David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Marjorie Student-Stir1ing Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: Cjrrfhic\ OJ;eN1"'. 7 It tw?~f':#..~).. /YP.f/fJ pL 3 y/or (?J7)).. 7 cf 6vs-J 12.02 The !'Addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe. extend or limit the scope or intent of this Agreement or any provisions hereof. Agenda Item No. 16G7 February 27,2007 14.05 All terms and words used in this Agreement, regardless of the number and Page 13 of 30 gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Agenda Item No. 16G7 February 27,2007 Page 14 of 30 Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk CRA BOARD OF DIRECTORS COLLIER COUNTY, FLORIDA BY: , Chairman , Deputy Clerk AS TO SELLER: DATED: WITN~$Y;? .-/ Y~ure) ~ 7 - ~7k$M . (s~n':~ do 2:.//10/7 VLfj-LJ (Printed Name) BY: ~/1...-- Seller Cvrrfh;~ () j J P /" /X4 PAnt Name Seller Approved as to form and legal sufficiency: 01Ir~ -tLOh.{Jfl1dMd. -~o Ma~ori Student-Stirling Assistant County Attorney Details Page 1 of2 /;:: I.III/Agenda Item No. 16G7 L-)f/1,6/ February 27,2007 ~ Page 15 of 30 Aerial FolIo No. 5270111180002 Scroll for Addltionallnfonnation Owner Name ODIERNA, CYNTHIA 1 Add....- 716 LANOOVER CIR I City NAPLES I Slatel FL II ZiDU 3(104 .8328 1 r Legalll KELLY PLAZA LOT 24 ~on Ac~ 14 0.09 Sub No. ~ \Ju..CQdJ 2006 Final Tax Roll {Subject to Change) " all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value S 57,548.00 1+\ .m';""ed Value S 14,834.00 "C=I Mart.et Vallie S 72,382.00 1-) SOH ExerIlot Value SO.OO (=1 Assessed Value S 72,382.00 l-I Homeslllad and other Exempt Value $0.00 1=1 Taxable Vallie S 72,382.00 Amount $ 170.000.00 S 32,000.00 SOH . "SlIve Ollr Homes. exempt value doo III cap on a&&enment .no....... ........ /I"",",, "....11;"'~.,"",..,,;."'.. ,.........fT) ,,,,,....,,.-In...,,;! "",,?1;'....t;....Tn=nn/'lOn".,.,nnllIU\(\(\., ., /1 ., I'}(\/'I., Uetmls ~yj;4} H Page 2 of 2 Agenda Item No. 16G7 - February 27,2007 " Page 16 of 30 Sketches under construction. - The Information is Updated Weekly htt",,/I,'1l'1i'll',\', ,-..nll,,::IlYO<:JI""'I"':I,,,p.... ,..nt"r'lfOp.r'On...r1n,;tlt~1' ~C'T't""J;'^linTT'=(\M()()'i:"'7MQRnnn") ')/l"nM7 3.1211 Agenda Item No. 16G7 February 27, 2007 Page 17 of 30 Addendum A The agreed Purchase Price between Seller and Buyer for 3008 Van Buren is $139,350.00 The Deposit on this contract as set forth in this contract is $13,935.00 The amount or $125,415.00 shall be due at closing as set forth in paragraph 3.01 of this contract. InilialBuytr_ Initial Seller r () Appr~~\1"'p ,..,,~,,;, ""':12- 2.l)t1iclal'.~" ~~m~~,.J- -/1;;,/, . UlCtSista,,' (_:o:;;:;t~Att-;~~ Agenda Item No. 16G7 February 27,2007 Page 18 of 30 Addendum B Seller agrees to convey "Certificate of Title" State of Florida for the mobile home which is on this parcel as described in the attached contract and Exhibit A at the al,,'Teed time of closing as stated in paragraph 3.01 of this contract. Seller also agree that the mohile home on this parcel is being sold "AS IS" and in a "Broom Clean" condition. Initial Buyer~___ ._. _ Initial Seller_LQ_ Apprn",,'-,Cl .>_.c.- ~.~, 'i"[H"r' .~~ .e?a~ Sufticjenc~ ._~ flJ tb . . "".I, . . . '.' -. - - t{t ~ ^. sista"l '~(hmt'l A.ttomev ~ AGREEMENT FOR SALE AND PURCHASE Aqenda Item No. 16G7 ORIG1NAtJe ~79 ~?~b THIS AGREEMENT is made and entered into by and between CYNTHIA ODIERNAiA (hereinafter referred to as "Seller"), and Collier Coun!ytRedevelopment Agency, al'.r#JI"" ( political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, SeUer is the owner of that certain parcel of real property located at No Address- Folio Number: 52700840000, Naples, Florida 34112 (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Nine Thousand Five Hundred Sixty-Five Dollars ($9,565.00), to be placed in escrow by Purchaser within twenty (20) calendar days after approval by the CRA Board of Directors the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "An. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Five Thousand Six Hundred and Fifty Dollars ($95.650.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before May 3, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attomey's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions. or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property. free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit:: as required by Section 1445 of th.e ln~emal R~nue Code :-nd :-s f8q.U1red by the title insurance underwriter In order to Insure. the gap and ISSue the policy contemplated by the title insurance commitment co Agenda Item No. 16G7 February 27, 2007 3.0114 A W-9 Form, "Request for Taxpayer Identification and Page 20 of 30 Certification" as required by the Internal Revenue Servi'ce. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attomey's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed. in accordance with Chapter 201.01 , Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL TA 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. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 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. A failure by Purchaser to give such wrttten notice of termination within the time period provided herein shall be deemed an election Agenda Item No. 16G7 by Purchaser to accept the exceptions to title as shown in the tfflebruary 27, 2007 commitment. Page 21 of 30 4.013 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", if any. Seller agrees to fumish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 SeUer agrees to convey all properties vacant and free of all tenant occupants on or before the day of closing. Buyer has the right to inspect all properties the day of closing to confirm said vacancies. Failure to convey properties by Seller as vacant will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained. the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. Seller has the right to mediate any inspection issues. Buyer and Seller agree that either party may terminate this agreement if no agreeme.nt can be reach for satisfactory remediation of saiel property. Seller has the nght to Agenda Item No. 16G7 mediate any inspection issues. Buyer and seller agree that either party m~vbruary 27, 2007 terminate this agreement if no agreement can be reach for satisfactory Page 22 of 30 remediation of said property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORA TrONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole r&medy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) 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 paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowk!dge 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. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees. paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 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. Agenda Item No. 16G7 February 27,2007 XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Page 23 of 30 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property. and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, cartiflEld copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of th is 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. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal. state, municipal or other governmental instrumentality that relate to this agreement or any other property that could. if continued. adversely. affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such tenns 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 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. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law. ordinance, Agenda Item No. 16G7 code or regulation or requiring or calling attention to the need for any woR<=;bruary 27, 2007 repairs, construction, alterations or installation on or in connection with the Page 24 of 30 Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 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. 11.020 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 govemmental 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. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the govemmental ordinances or laws goveming 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 govemmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenf') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attomey'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. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES Agenda Item No. 16G7 February 27. 2007 Page 25 of 30 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle cia David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: Ma~orie Student.Stirling Assistant County Attorney Office of the County Attorney 2800 Horseshoe Drive Naples, Florida 34104 If to Seller: GI\fi.( ~ ()dl ef/l"c.... iff ~JO,fiV' C,~.1- /Vc.;JfeJ pc- 3*0 cr P-3C;) tY/? bySJ 12.02 The .addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only. unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, jf any. XIV. MISCELLA.NEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. Agenda Item No. 16G7 February 27, 2007 4 0 I . . Page 26 of 30 1 . 5 AI 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. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the CRA Board of Directors of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286. Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Agenda Item No. 16G7 February 27, 2007 Page 27 of 30 Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk eRA BOARD OF DIRECTORS COLLIER COUNTY, FLORIDA BY: , Chairman , Deputy Clerk AS TO SELLER: DATED: ~S: >;:/./r;/ 0'-----1 '~ft- -- (Signature) ,4/~>'#- ~~ ~a~ ~ t/Pll!/$(} _ (Signat~ LIlia/? l ~urcla/) (Printed Name) BY ~/ O)/C- nature Seller Ci~/~~~; cj/er/7~ seller Approved as to form and legal sufficiency: ~l~m. /)tud4L-~ Ma~o Student-Stirling Assistant County Attorney Qetails Altrial Folio No.1 52700840000 E ;. / Page I of 2 CNiI/Ji; A Agenda Item No. 16G7 February 27, 2007 Page 28 of 30 Scroll for Addltionallnfonnation OwnerNamel ODIERNA. CYNTHIA AdcI__U 716 LANDOVER CIR Cltyjl NAPLES II StnelFL H I I I Zlpll34104 - 8328 Legalll KELLY PLAZA LOT 23 Iiec:IIon 14 Ac... 0.09 Sub 1\10. ~ "".. COo. 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value S 0.00 +IImDtOYed Value S 0.00 /"'1 Market Value S 0.00 -\ SOH Ex....Dt Value SO.OO (,,) Ass..ed Value S 0.00 -\ Homeawd and other Exempt Val.... S 0.00 fool Taxable Value SO.OO Latest Sales History 0lItlI Amount SOH" 'Save Our Homes" exempt .alue due to cap on assessmenllnCl&llses. htto:/ /www.collierannraiser.com/RecordDetail.asn?F olioID=OOOOOS2700840000 Book - Page 2/12/2007 l.?:tails _ 4j,~l /I Page 2 of2 Agenda Item ['-la. 16G7 February 27, 2007 Page 29 of 30 Sketches under construction. i~f~~ The Information is Updated Weekly. htm.//www r.olli..r!tnnrni....r C'.nmm..r.orrln..fl>i\ R<:n?F"lioTD==OOOOOC;?700R40000 ? 11 ? /?OO7 3.1211 Agenda Item No. 16G7 February 27, 2007 Page 30 of 30 Addendum A The agreed Purchase Price between Seller and Buyer for No Site Address Folio Number 52700840000 is $95,650.00 The Deposit on this contract as set forth in this contract is $9,650.00 The amount of $86,000.00 shall be due at closing as set forth in paragraph 3.01 of this contract Imtial Buyer Initial Scllert' /) .' ",prover: 'ile Ie' iorlT' &. iegai Suff1clel'lc'; ~J J. rn ,Dt:t"' diAd,;. '&;A;'_~ .._.......-~~ntv .\tforne\' -~'o Agenda Item No. 16H1 February 27,2007 Page 1 of 4 .......'...., EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: 25th Anniversary Celebration for New Hope Ministries and Pastor Grant Thigpen ~""'H'.", PUBLIC PURPOSE: To extend congratulations to the Pastor and Church members for reaching their 25th Anniversary as a member of the Collier County religious community. DATE OF FUNCTION/EVENT: February II, 2007 FISCAL IMPACT: $22.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13,2007 .....ffl..., Item Number: Item Summary: Meeting Date: AGenda Item No. 16H1 ,. February 27. 2007 Paqe 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 CommISSioner Coletta requests approval for reimbursement tar attending a function serving a vallc public purpose. Commissioner paid to attend the New Hope Minlstnes 25th Annlver'sary Celebration luncheon on February '11, 2006 and is requestIng relmbursemenlln tne amount of $22 00, to be paid from his travel budget 2/27/20079000QAM Date Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe Bee Office 2/13120074:23:37 PM Sue Filson Date Approved By Board of County Commissioners Executive Manager to the Bee BCC Office 2/14/200712:16 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/1412007548 PM r- !-- - H. .. r'\ r- l ,;! }.'-'r- kiI ..;.,' t ___ Agenda Item No. 16H1 February 27, 2007 ~ . ~age 3 of 4 /G La\!L.~ bJulevaf(j N2ptC~, rl[)r:i~-J 341 IVI 2-Jq 3i.lt:-0122 ~?~::~,:',Jj,.;'i ,.....; r- i-" - ! l _ . ~-'.JC:1\Ii- ~ - ........ ~ l'8u ,., -'''il \' ;- Q 'Jr!rr.. .. ..! ~UU" S~l~'; Q r J January 25, 2007 Commissioner Jim Coletta Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: 25th Anniversary Celebration for New Hope Ministries and Pastor Grant Thigpen Dear Mr. Coletta: This letter is written to inform you that we are dedicating the dates of February 7 through February 11, 2007 to honor Pastor Grant Thigpen. "Remember your leaders, those who spoke to you the word of God; consider the outcome of their life, and imitate their faith." Hebrews 13: 7 On Sunday, February 11,2007, we will celebrate Pastor Grant's 25th year as Founder and Pastor of New Hope Ministries. I would like to invite you to join us in honoring Pastor Grant for twenty-five years of faithful, diligent and committed study to God's Word to promote our spiritual growth. We are truly presented a banquet feast each time we participate in a church service. If it is possible for you to be here in person, please RSVP by contacting me at 239-348-0122, ext. 214. I realize on this short notice you may not be able to be here in person. You may want to send him a card to express congratulations. If so please send it to me at the following address: New Hope Ministries Attn: Pete Smith 7675 Davis Blvd. Naples, FL 34104 vJJb1~.1::I~o-ff 'U(WJ~~~Mini~tries.o5 Pet Smith Administrator PlJom;rd o/~~ ~ownI/;/ ~~ 3301 East Tamiami Trail- Naples, Florida 34112 - 4977 (239) 714-8097. Fax (239) 774-3602 Agenda Item No. 16H1 February 27 Pa Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 6,2007 :Mr. Pete Smith Administrator New Hope Ministries 7675 Davis Boulevard Naples, FL 34104 RE:. 25th Anniversary Celebration for New Hope Ministries and Pastor Grant Thigpen Dear Mr. Smith: Thank you for your invitation to join you on February 11, 2007 for your 25th Anniversary Celebration at New Hope Ministries and Pastor Grant Thigpen. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. I intend to stay for lunch and therefore I'm enclosing my personal check in the amount of $22.00. I'm looking forward to this celebration and will see you then. ,hairman Commissioner, District 5 jimcoletta@coIliergov.net JC: nkr End: Check $22.00 Agenda Item No. 16H2 February 27,2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Know Your County Government Citizenship Program Luncheon ,.."-" PUBLIC PURPOSE: To interact with our youth who will be the future leaders of tomorrow. DATE OF FUNCTION/EVENT: April 10, 2007 FISCAL IMPACT: $9.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 23,2007 -. Agenda Item No, 16H2 February 27, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H2 Meeting Date: Commissioner Coletta requests approval for reImbursement for attending a function servmg a valid public purpose Commissioner paid to attend the Know your County Government Teen Citizen Program Luncheon on April 10. 2006 and is requesting reimbursement in 1he amount of $900 10 be paid from his travel budgel 2127/20079,0000,4M Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe Date BCC Office 2113/20074;33:48 PM Approved By Sue Filson Executive Manager to the BGe Date Board of County Commissioners BCC Office 2/14/200712;15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/15/20079;05 AM Agenda Item No. 16H2 February 27, 2007 Page 3 of 4 ~UNNERSITY OF .FLORIDA IFAS EXTENSION Collier County 14700 Immokalee Rd. Naples, FL 34120 Telephone: (239) 353-4244 SUNCOM: 974-5098 Fax: (239) 353-7127 January 19, 2007 The Honorable James N. Coletta Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner Coletta: The Know Your County Government Teen Citizenship Program is scheduled for March 13-April 10. This program is sponsored by Collier County University Extension, the League of Women Voters, and Collier County Public Schools, and teaches teens the purpose and function of county government, how it operates and what career opportunities it offers. 4-H' ers from area high schools will meet with county officials and visit the health department, sheriff's department, animal control, sewer treatment plant, county landfill, Collier County Courthouse, Collier County Museum, county facilities in Immokalee, and attend a county commission meeting. One of the highlights each year is a catered lunch with the commissioners and county manager. We hope you and your aide can join us on April I 0 from 12: 15-1 :30 p.m. at the East Naples Methodist Church. This is the last day of the program and the students will enjoy sitting with you, sharing impressions and asking questions. Your presence will be important to them, and we look forward to seeing you. Sincerely, * Anna Galdames Extension Agent/4-H Youth Development Collier County The Institute of Food and Agricultural5ciences (IFAS) is an Equal Opportunity Institution authorized to provide research. educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, niligion, age, disability, sex, sexual orienta- tion, marital statuS, national origin. political opinions or affiliations. U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M University Cooperative Extension Program, and Boards of County Commissioners Cooperating. PlJ~ o/Yf~ Yfownt;; Yf~Mw;r6 3301 East Tamiami Trail- Naples, Ronda 34112 - 4977 (239) 774-B097 - Fax (239) 774-3602 Agenda Item No. 16H2 February 27, 7 Pa Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 6,2007 Ms. Anna Galdames Extension Agent/4-H Youth Development University of Florida IFAS Extension 14700 Immokalee Road Naples, FL 34120 RE: Know Your County Government Teen Citizenship program Luncheon Dear Ms. Galdames: Thank you for your invitation to join you on April 10, 2007 for a lunch at the East Naples Methodist Church from 12: 15 to 1 :30 p.m. as part of your Know your County Government Day. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend and to bring my Aide Nancy Rosiak as well. With that in mind and adhering to my strict "no gift policy", I am enclosing my personal check in the amount of $18.00 to cover the cost of both meals. I'm looking forward to this luncheon and will see you then. '-- o etta, Chairman Commissioner, District 5 jimcoletta@colliergov.net JC: nlcr End: Check $18.00 Agenda Item No. 16H3 February 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Leadership Foundations of American Board Meeting and Dinner PUBLIC PURPOSE: To interact with charitable leaders of the community. DA TE OF FUNCTION/EVENT: February 22, 2007 FISCAL IMPACT: $30.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 23,2007 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Agenda Item No. 16H3 February 27, Pa P/J~o/~~ W~ W~<J. 3301 East Tamiami Trail- Naples, Florida 34112 - 49n (239) n4-8097 - Fax (239) n4-3602 February 13, 2007 Ms. Sarah L. Fortin Member Services Assistant Leadership Foundations of America 701 South Avenue S., Suite 750 Minneapolis, MN 55415 Subject: Board of Directors of Leadership Foundations of America Board Meeting Dear Ms. Fortin: This letter is a follow up to my letter of February 12, 2007 wherein I enclosed my check for $22.00 to cover the cost of dinner at the Board of Directors of Leadership Foundations of America Board Meeting on February 22, 2007. It has come to my attention that the cost of the dinner was not $22.00, but actually $30.00. With that in mind, please find my second personal check in the amount of $8.00 to make up the difference. Please accept my apologies for the confusion. t' UTI ,tminnan---- Commissioner, District 5 jimcoletta @coIliergov.net JC: nkr End: Personal Check $8.00 Pl3~o/~~ ~owUy ~~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Agenda Item No. 16H3 February 27, Pa Donna Fiala Distnct 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 12 Ms. Sarah L. Fortin Member Services Assistant Leadership Foundations of America 701 Fourth Avenue S., Suite 750 Minneapolis, J\.1N 55415 RE: Board of Directors of Leadership Foundations of America Board Meeting Dear Ms. Fortin: Thank you for your invitation to join you at your Board of Directors of Leadership Foundations of America Board Meeting and dinner on February 22, 2007. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. Per my "no gift policy" I am enclosing herewith my personal check for $22.00 to cover the cost of my dinner. I'm looking forward to this meeting and will see you then. JC: nkr Board of Directors of Leadership Foundations of America Board Meeting RSVP Agenda Ite~'W8. ~g~j February 27, 2007 Page 4 of 6 rosiak_" From: Sent: To: ColettaJim Saturday, February 10,20072:45 PM rosiak_n Subject: FW: Board of Directors of Leadership Foundations of America Board Meeting RSVP Follow Up Flag: Follow up Flag Status: Green Nancy Please get check from me and put in for reimbursement. Jim From: Sarah Fortin [mailto:sfortin@LeadershipFoundations.org] Sent: Friday, February 09, 2007 12:54 PM To: ColettaJim SUbject: RE: Board of Directors of Leadership Foundations of America Board Meeting RSVP Dear Mr. Coletta, Thank you for accepting our invitation to the LFA Board Dinner the evening of February 22od. Leadership Foundations of America has invited members of the community to the Board Dinner as a gift, but we respect your policy regarding gifts. Therefore, if you feel it is appropriate, you may forward a check in the amount of $30 to the address below. I will also inform our event host that you will be there, and to advise his respective security personnel. We look forward to sharing the evening with you! Sincerely, Sarah Sarah L. Fortin Member Services Assistant Leadership Foundations of America 70 I Fourth Avenue S, Suite 750 Minneapolis, MN 55415 Ph: 612-288-2268 Fax: 612-455-1288 sfattin@leader..sbipf01lndaticms.org From: ColettaJim [mailto:JimColetta@colliergov.net] Sent: Wednesday, February 07, 2007 10:19 AM To: Sarah Fortin Subject: Board of Directors of Leadership Foundations of America Board Meeting RSVP Dear Sara Fortin for Reid Carpenter: 2/12/2007 Board of Directors of Leadership Foundations of America Board Meeting RSVP Pl'IQe 2 oJ') Agenda Ite11iwo. 1ot-r3 February 27, 2007 Page 5 of 6 Thank you for your invitation to join you at the Board of Directors of Leadership Foundations of America Board as your guest for dinner on February 22, 2007. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend and look forward to this evening of fine food, friendship and inspiration. With that in mind, I must inquire what the cost of the dinner is, as I adhere strictly to my "no gift policy". If you would be so kind as to advise me of the cost and who to make the check payable to and where to send it, it would be most helpful. Additionally if you would advise the security at the gate to expect me, I would appreciate it. I'm looking forward to our time together and plan to see you then. Jim Coletta, Chairman Commissioner, District 5 Collier County Government 3301 E. Tamiami Trail Naples, FL 34119 Phone (239) 774-8391 / Fax (239) 774-3602 iLmcoletta~col!.Lergov .ne~ Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2/12/2007 Aoenda Item No. 1GH3 ~ February 27. 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H3 Meeting Date: Commissioner Coletta requests approval far reimbursement tor attending a function serving a valid public purpose Commissioner patd to attend the Board of Directors of Leadership Foundations of Amenca Board Meeting on February 22.2007 and IS requestmg reimbursement In the amount of $3000 to be paid from his tiavel budget 2/27/200790000 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Date Bee Office 21141200710:59:20 AM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 2/14/200712:42 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/14/20076:23 PM Agenda Item No. 16H4 February 27, 2007 page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: LWV Concierge Medicine in Collier County Luncheon PUBLIC PURPOSE: To participate in the L WV Luncheon and network with constituents. DA TE OF FUNCTIONIEVENT: Monday, February 19th, 2007 FISCAL IMPACT: $15.00 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. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 27,2007 ,- Agenda Item No. 16H4 February 27, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine In Collier County Luncheon on Monday, February 19. 2007 at the Vineyards Park Community Center Naples. FL. $15.00 to be paid from Commissioner Fiala's travel budget 2/27/200790000 AM Item Summary: Meeting Date: Prepared By Kendra Hastings Board of County Commissioners Executive Aide to the BCe Date BCC Office 2/14/20071 :40:10 PM App roved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 2/14/20071:48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/15/2007 11 :29 AM Page 1 ofJ Agenda Item NO. 1\JR February 27, 2007 Page 3 of 3 HastingsKendra From: League of Women Voters of Collier County [Iwvcc@lwvcolliercounty.org} Sent: Wednesday, February 07,20076:26 PM To: Members A-M Subject: DON'T MISS 2/19 GENERAL MEETING AND L\VEL Y LEAGUE! Follow Up Flag: Follow up Flag Status: Red Attachments: Concierge Medicine in Collier County.doc Hello! We have two important programs scheduled for Monday, February 19th: LIVELY LEAGUE AT 10:30 A.M. - LWVCC'S TWO-YEAR PLAN Chris Straton will share the results of your Board's 2-day strategic planning retreat. Hear about where we would like to take our League over the next two years... each committee's overarching objectives and education & action priorities .., and the financial and human resources we'll need to succeed. We would like your input before we finalize our proposed Program for membership approval at the April Annual Meeting! GENERAL MEETING AT 12:30 -- CONCIERGE MEDICINE IN COLLIER COUNTY Has this happened to you? In the mail you find a letter from your primary care physician inviting you to become one of 300 patients who will constitute his Concierge Care practice of medicine. The remainder of his 3,000 patients will need to find another medical home. If you elect to stay with the concierge practice, you will pay a fixed fee of $1500 to $5000 annually and in return you will receive a comprehensive physical exam and a promise that you will have access to your doctor 24 hours a day, seven days a week. (The story continues ... please read "Concierge Medicine in Collier County," attached.) The pros and cons of concierge care will be presented by Dr. John Pierre van Dongen, M.D., who has a concierge practice in downtown Naples, and Dr. Joseph Gauta, M.D., whose OB/GYN practice is with Especially For Women in North Naples. NOTE: There is a CHANGE OF LOCATION for our Presidents' Day February 19th meetings. They will be at the Vineyards Park Community Center, 6231 Arbor Blvd W. Travel east on Pine Ridge past 1-75. After the Crossroads Shopping Center, turn left on Vineyards Blvd. Go about 3 miles and turn left on Arbor. Arbor is the last street before Vanderbilt Road. Turn left again at the school. For lunch reservations ($15 members; $20 non-members) call 263-4656 by Thursday evening, 2/15. Any questions: Call Nancy Wolfe at 5666-7469. 2/8/2007 Agenda Item No. 16H5 February 27,2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 5th Annual Women in History Luncheon PUBLIC PURPOSE: To participate in the luncheon celebration and network with constituents. ,"''''.-' DATE OF FUNCTION/EVENT: Friday, March 30th, 2007 FISCAL IMPACT: $75.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 27,2007 ,,...',....., r Item Number: Item Summary: Meeting Date: Agenda Item No. 16H5 February 27. 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 16H5 Commissioner Fiala requests Board approval for reimbursement for attending a function servmg a vaiid publIc purpose \lVill attend the 5th Annual Women If History Luncneon 0:, Frtday. March 30. 2007 at the Naples Hilton & Towers $7[').00 to be pal.j from Commissioner Fiala's travel budget 2/27/2007800:00 AM Date Preps red By Kendra Hastings Board of County Commissioners Executive Aide to the Bee BCC Office 2/14120071 :50:57 PM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bce Office 2/14/20072:20 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2114120074:24 PM L[) T'- (") I 0...... (000 .,-N(") ci T'- aJ ZN OJ ~ C~ c(1) 2:J -;;;.:0 uaJ eLL aJ OJ <{ ~ '::: '\I.. ~ >- 8 0.0 QJ ~ ..Q , '. "'C 's:: ':J ... tJ') fa 0 \1Q cr:: .2',,) 0.01.1 - ... aJ u UoI - ' 0 - ~ 1.1 '" Ul U c I- ~ ::::l Q ::: c ~ ~~ 1 Q 0 ... Q . <: c . rJ) ~ N~ Olll uc:r- 0 c.. M - Ul WO "'0 ..co 0 - G0 I- r::: aJ G.iN ~N QJ :: QJ ... ~ oJ. ~ ~ J: 0 1.1 ..... ~"'C g(oj Q; a. 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''::; E ~ 11.1 fa ~ ~ c :~ - 'ij E 0 :J C- ... ~ E fa 0 0 fa C ..c III 1.1 ..:.=: E U III '" ~ ~ ~ :: ~ -< aJ aJ 0 C ..c aJ ~ 0 1.1 :J ,'" - ... 1 s 0 fa 0 . :::! ..c ... :::: c .: :J ;;.,. aJ r::: @~ c 0 0 E c 0 ~ aJ ..c ~ c C- C- o 11.1 0 0 0 fa ~ C ,'" ..c ..c l aJ 0 ... ~ ~~ '" ..... r Z fa '" \J "'C I III :: aJ ~ ~ l'll l'll C aJ Ul Co ..c aJ bO ;;.,. ~ ..c E fa i ..... c c .~ ~ c E ... ';;; -,::l ..c aJ ..... aJ i fa :J C to- , E c ...c aJ QCl fa .~ 0 fa - .I ;;.,. c ..... ~ :: 1.1 ... Ul ..c fa ..... ~ ~ 0 ,/ u \J = ~ aJ C C fa ';: 0 - i '" bO 0 I.Iol 11.1 ~ aJ .;;; ..c E . ..c 'S< "1<- - ..:( ~ l::l ..... l'll ~ 0 bO ..c .: . . u ..:.=: '" l'll I.Iol E Agenda Item No. 16H6 February 27,2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Cleveland Club's 9th Anniversary Celebration PUBLIC PURPOSE: To participate in the Cleveland Club's 9th Anniversary Celebration and network with constituents. DATE OF FUNCTION/EVENT: Wednesday, January 31,2007 FISCAL IMPACT: $28.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, January 23rd, 2007 - Aqenda Item No. 16H6 - February 27. 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H6 CommiSSioner FIala requests Board approvai ~or relrnoursernent tor attending a function serving a valid publiC purpose. Attended trlf.> Cleveland Club's 9th Anrllversary Celebration on Wednesday. January 31,2007 at the Naples Elks Club S28.00 to be paid trom Cornm;ssloner Fiala's travel budget Meeting Date: 2/27/200790000 AM Prepared By Kendra Hastings Board of County CommiSSIoners Executive Aicte to the BCe Date Bce Office 2114120072:14:14 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 2/14120072:19 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 2114120076:15 PM Agenda Item No. 16H6 February 27,2007 Page 3 of 3 ~., . . '... - . '.- _to." ~"'. .~. You are cordially invited to attend the 9th anniversary celebrati9n of The Cleveland Club of Southwest Florida. It will be held on Wednesdav. Januarv. 31st at the Naples Elks Club,. 3950.Radio Road, off Airport-Pulling Rd. To marK the milestone, there will be nine door-prizes, including goodies from Cleveland. The evening starts at 6;00 p.m. with a cocktail hour at bargain prices. A buffet dinner will be served at 7;00 p.m., featuring roast porK. Music for Y9ur dancing and listening pleasure will be provided by fellow Clevelander Matt Coates who has performed at La Playa, Tiburon, Country Creek and the Bon~ Elks Club. :~*::'" Tab for the evening is $28 per person, covering dinner, tip, hall rental, printing, mailing and entertainment ~able in advance. M1it.<e checks payable to The Cleveland Club and mall to 25800 Hickory Blvd., #F408, Bonita Springs, 34134. The deadline is Satur~. Januarv 27th. Tables for 7,8,9 or 10 people may be reserved. There will be assigned seatl[lg for everyone, regardless of the size of your group. Be sure to indicate your seating preference in writing. Dress for the party is smart casual. Questions? Call Diane at 992-6723. Agenda Item No. 16H7 February 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONlEVENT: 2007 Lincoln Day Dinner Celebration PUBLIC PURPOSE: To participate in the 2007 Lincoln Day Dinner celebration and network with constituents. DATE OF FUNCTION/EVENT: Saturday, March 3, 2007 FISCAL IMPACT: $125.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 27,2007 "- Aoenda Item No. 161-17 - February 27. 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H7 Meeting Date: CommISSioner FIala requests Board approval for reimbursement tor al1.endlng a 1unctlon s.ervlng a valid publiC purpose V\)1I1 attend tn8 2007 Llncolr"l Day Dinner" on Saturday; March 3.2007 at the Naples Beach Hatel S125.QO to be paid fmrn CommiSSioner Fiala's travel nudget 2/27/20079:00:00 AM Prepared By Kendra Hastings Board of County Commissioners Executive Aide to the Bee Date BCC Office 2/14/20072:21 :01 PM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners Bee Office 2114/2007 2:56 PM Approved By James V. Mudd County Manager Date Board of County CommissIOners County Manager's Office 2114/20073:38 PM 2/8/2007 Agenda It~g;o21~f1~ February 27, 2007 Page 3 of 3 Cordially invites you to attend the "2007 Lincoln Day Dinner" Celebrating our Red State Please join fellow Republicans in an evening of elegant dining as Collier County Welcomes our Keynote Speaker The Republican Congressma Congressmen Mario Diaz-Balart and Connie Mack IV -- Saturday, March 3, 2007 doors open 6:00 P.M. Naples Beach Hotel and Golf Club 885 Gulf Shore Blvd. North Naples, FL 34102 -- Dinner Tickets - $125.00 Chairman's Reception and Dinner - $150.00 Chairman's Reception, Dinner and Photo Op w/Rep. Boehner - $200.00 Silent Auction, Chinese Auction and Political Memorabilia Aaenda Item No. 1611 ~ February 27, 2007 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 27, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) East Naples Fire Control and Rescue District: Minutes of January 12,2007. B: Minutes: (1) Radio Road Beautification M.S.T.U. Advisory Committee: Agenda for February 20, 2007; Minutes of January 16, 2007. ,......-. (2) Bayshore Beautification M.S.T.U. Advisory Committee: Agenda for February 7, 2007; Minutes of January 10, 2007 Special Meeting. (3) Emerqency Medical Services Advisory Council: Minutes of January 30, 2007. (4) Collier County Citizens Corps Advisory Committee: Corrected Minutes of November 15, 2006. (5) Collier County Public Vehicle Advisory Committee: Agenda for February 5, 2007. (6) Collier County Domestic Animal Services Advisory Committee: Minutes of December 5, 2006. (7) Immokalee Master Plan & Visioninq Committee and CRA Advisory Board/EZDA Joint Meetinq: (a) Immokalee Enterprise Zone Development Aqency and the Redevelopment Area Advisory Board: Agenda for January 17,2007. ,.,.....-~ H:\DAT A\FRONT DESK - 2007\2007 Miscellaneous Correspondence\022707 _misc_coIT.doc Aqenda Item [\jo. 1611 . February 27, 2007 Page 2 of 3 (b) Community Redevelopment Aqency Advisory Board and Immokalee Master Plan and Visioninq Committee: Agenda for January 17, 2007. (c) Enterprise Zone Development Aqency (EZDA): Agenda for January 17, 2007; Agenda for December 20, 2006; Minutes of December 20, 2006. (d) Community Redevelopment Aqency Advisory Board: Agenda for January 17, 2007. (e) Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioninq Committee: Minutes of December 20, 2006 Joint Meeting. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous COITespondence\022707 _ misc _ carr. doc Aoenda Item No. 1611 - February 27,2007 Page :1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: '611 To flle for recofO with action as directed 2/271200790000 AM Prepared By Lisa Resnick E)lecutive Aide to the Bee Date Board of County Commissioners Bee Offlce 211512007 8:29:46 AM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bee OffIce 2115120078:37 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/161200712:16 PM Agenda Item No. 16J 1 February 27, 2007 Page 1 of 17 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 03, 2007 THROUGH FEBRUARY 09, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of February 03, 2007 through February 09, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMP ACT: None. FISCAL IMP ACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of February 03, 2007 through February 09, 2007 and submit these documents into the official records. Prepared By: L fZ. tr7J",;,., Lisa N. Melvin Assistant General Operations Manager Date: ~~ Ol.) 07 Reviewed By: -h Il Constance C. Murray, CGFO General Operations Manager Date: .;2.. J 1,.1..10-;" "........~", Agenda Item No. 16J1 February 27. 2007 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16J1 To obtain board approval for disbursements for the period of February 03.2007 through February 09. 2007 and for submISsion Into the offiCial records of the board. 2/27/2007 900:00 AM Item Number: Item Summary: Approved By Connie Murray General Operations Manager Date Cterk of Courts Finance 2/14120072:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2114/20076:22 PM r-- o o N ---.. N rl ---.. N o N '-' 01 :E: 00 ~ o ,ri .w -. C1l CU '-' o "-' .w '-' o 0. OJ ~ E Q) .w H Q) i:: 'ri ..:l CU ~ ,~: ..~. .~ ,:m t;:i :1:4: :ill' ]I. U ~. 7? m sti :ill: ]I '14: :~, :J:'l' :?: .~. 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'" Z ..:! ill ffi lLo ..:l 0. ..:l lJ) W ..:! ~ ~ ~ ~ ~ ~ r~ !L ~~rJ) ~ 0. ~ ..:! ~ ~ ~ ~ ~ !to :a..:l!i!!..:l (5 0..(;'j!-t::ifi1..:1 <<: ..:llJlLoHlLolCl UJ..:!..:i~I:o.. =00 <o..z :E<..:!W..:i<CO00 ~ ~ ~ ~ H ~~ ~ 0 ~ H ~ H ~ X ~ 00 ~ 0.. '" lJl~003 o.mo!-t(l)ti1 ~ ~ rJ) ~ ~ ~ H ~ 23 3 8 ~ Ul ~ ~ ~ ~ rJl 1-< :E W ICl H :E I: 1-< < '" Ul < E ~ Ii! ~ ~ ~ 51 tl ~ ~ : ~ 8 ~ ~ ~ ~ ~ 0. ~ ~ ;i! < rJ) 8 ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ 00 ....:JC-'....:IUlH H~ [-I OE0-4- ..:lUll Z rJl wo: ><::>!L:r:e>:M Z H '" f-< H <>l rJ) f-< 0. ..: 0 0 t:J H ~ :r: 0.. lJl ~ '" H ~ rJ) ICl >< ", 0. ~ f-< ~ ~"OO U ..:! 00 f-< H 1-< 0 f-< Ul ~~~Bi~ii~i~~~~~;u 0. '" 0 > ~ 0. ~ ~ ~ Z rJ) rJ) U 00 U f-< ~ t: 5 13 fa 6 ti ~ >t M g ~ t:i [;j !!i [;j ~ 0 ~~~Ul::>~:r:~~g::l~HHHKt;: ~ ~ :> ~ lJ 0 Ul Ul ro ~ ..:! ~ ~ 3 ~ S H 1-< ~ ;i! ~ ~ ~ ~ ~ ~ ~ ~ 1-< U lLo U !L ~ &l a. 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Agenda Item No. 16J2 February 27, 2007 Page 1 of 18 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 10,2007 THROUGH FEBRUARY 16, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of February 10, 2007 through February 16, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report ,-, RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of February 10, 2007 through February 16, 2007 and submit these documents into the official records. Prepared By: cL- (1. d7Jw., Lisa Melvin Assistant General Operations Manager Date: O;Jtfl..O/D? Reviewed By: Constance C. Murray, CGFO General Operations Manager Date: ~ J,;.t/ J l> ."... .-- Agenda Item No, 16J2 February 27, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16J2 To obtain board approval for disbursements for the period of February 10, 2007 through February 16 2007 and for submission into the official records of the board. 2/27/2007900:00 AM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 212012007 9:1t AM App roved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 2/2012007 9:37 AM rl rl o lo< >. l1J 0.. lo< o "-' .w H o 0. (J) p:: E (J) W H Q) r:: '.-I ..:1 0.. ~ r-- o o N -..... o N -..... 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M r--~mNrlLf1~Mr--WNNO~r--rl~~rlroNNmMrlNr--~om~MMmr--~~~rl~~Mrl rl r--oOLf)mO\rl~NLf)r--MMOO\~~r--~~~mmOrlmMr--mmmooor--O~M~mrlWO Mo~rooooror--ro~Nm~m~roroNr--NmroNNr--r--OOOrlN~m~r--r--rlwror--ONr--ro~~ MrlOOONNM~mNM~r--OOONM~OO~MM~rlN~OMM~~~NOOrlNNM~mO OOOOOOOOOOrlrlrlOOOOOOOOOOOOOrlOOOOOOOOrlOOOOOOOOrl rlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrl Agenda Item No. 16J2 February 27,2007 Page 3 of 18 r-- m 0\ m ~ rl rl m o ~ ~ i< N Z ~ ~ -'-4 '- t- o o N '- o N ... OJ ,-VOl ~ :B I:E \-i 3 "' .... Ol OJ ... ~ u E u E E 2.... :J Q) B '8 u ... o >- "' <:: '0 Q) <1l \-i .... 0.. <1l 0.. E o <1l 0 o:l ;1:; U . .<: ~ <:: <1l o:l '0 \-i .... .c: 1-< ~ .u .... .... u. '" .... ... .... <>. '" << 0 (:l ... <>. Z'"', r,.. 0 << o o o .-l \-i ~~ Q) " -'< <:: -'< -'< '-' <:: <:: u <1l <1l U lXl lXl << M '" U) <Xl ::l .... -'.. ....'S. .i u o .:l Z .:l '" 0 .:l .:l u. 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'- <- o o N '- o N ... <Ii ......V01 o ~ &: " B en .... 01 <Ii " ~ u ~ u E E 0 ~~... 0 0 0 .-t ;- Q) B '8 u .... 0 >. to c '0 OJ III " .-t 0. I1l 0. E 0 I1l 0 <:Q Z U Agenda Item No. 16J2 February 27.2007 .i: r- ~ .~ r . " ':~: ~:::J" 'v v 'v '-:~io:;r: .:0:: :.:>.:: ::~: :::111:: ::.:tJ' ~-: .:~:: ..... ..:l t>. ..:l <( ..:l ..: ~ t3 en ~ t>. ...:i U " ~ t>. " ~ t>. 0:: ~ ~ z ~ ..:l ... ~ en E:i t>. :I: .:( en Z ~ :>< en 0:: 0 ...:i Z w U E-> :.: Z " 0 :E ~ ~ ril 0:: ~ 0 j w en .:( Z 0:: E-> Z '" ~ en ..:l. >< riI E-> ..:l '" '" j 0 H ..:l t>. ~ 0- :E E-> ~ ~ Q'; '" ..:l <Xl >< Z 0:: 0 ..:l E-o g ~ '" Eo< ~ a. E-o 0 0- 0 f2 ~ t>. t ~ flJ r::: ~ <( <( x ~ ril ~ IS Gi 5:! fJl H ~ :E 6; ~ "" ..:l 0 '" ~ fJl H E-> S Z Z Eo< .:l ~ Z '" ~ [;J t>. X H H E-> :l: () (/) H til til l>. ~ ..:l ~ ..:i riI <( H f,< t3 '" <( '" '" a. Z M Z n: :E :l: ..:l <( <Xl t>. >< t1. '" :::> ~ en M H 8 H ..:l f:: ;:. 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III III U .c r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- <- r- r- r- r- r- r- r- r- r- r- r- r- r- r- r- <- r- r- r- r- r- r- r- r- r- r- al al .:( CJ N Z ..... 2 \D .... ..... > .. ,.J <1l lil 0 :E <1l --- .- 0 0 N --- 0 N ~ OJ --- OJ (J) N ~ & 0 ~ OJ LJ lO .... (J) OJ ~ X () .2! u E E 0 U 0 0 >-. 0 '-' ..... ~ ::l <V 8 B () ... 0 >-. tIl ~ '1:l <ll fll H ..... 0- m 0- E 0 m 0 <1l :z u Agenda Item No. 16J2 February 27, 2007 ~ .- ^ .."i:l'. . ~:::l~ v. u -:~~:: :~ :s ,':l\l', :x,.' tl "" "-' "" H CJ) E-< "" 0 0 u "-' ~ Z E Ul ~ t;; <2 >< "" ..:l !2 <l: 0 "" "" ~ '" "" !-< H l>. V 0 Z "-' "-' Ul !-< Ul "" CJ) l>. H S H 0 Ul ~ l>. c3 U 0 0 <l: >< ~ Ul CJ) :z "' "" -< U) 0 ~ "" !-< 0. '" "' "" '" ;;1 "" >< '" Ul E-< ~ U) <l: '" ~ j U) "" l>. 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Agenda Item No. 16J2 February 27, 2007 Page 18 of 18 --- Agenda Item No. 16K1 February 27,2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $1 0,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. OBJECTIVE: Approval of a budget amendment in the amount of $10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. CONSIDERATIONS: Section 125.68, Florida Statutes, provides that counties shall maintain a current codification of all ordinances, with certain exemptions, and such codification shall be published annually by the Board of County Commissioners. The initial publication of the Collier County Code of Laws and Ordinances and the Collier County Land Development Code was in 1992. At that time the funds were placed in the County Attorney's budget, although historically such expenses had previously been budgeted in the Board of County Commissioners' budget. Through the years, the Board of County Commissioners has deemed it appropriate that the County Attorney continue to oversee the supplementing process. __ The Code of Laws and Ordinances and the Land Development Code are supplemented twice yearly, incurring a contract service cost. Costs are based on the number of ordinances adopted which translates into the number of pages having to be supplemented in the code books and the amount of revenues coming from new code sales. At this time it is necessary to request the Board appropriate $10,000 for the expected cost of supplementation to these codes. FISCAL IMPACT: The requested budget amendment is $10,000, Funds would be transferred from general fund reserves for contingencies to the Office of the County Attorney fund and cost center 001-010510. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of$10,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, Prepared by: David C. Weigel, County Attorney 97,0072/148 - Agenda Item No. 16K1 February 27, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Meeting Date: Recommendation that the Board of County Commissioners approve a budget amendmenl In the amount of $10,000 10 fund the cost of supplements to the Collier County Code of Laws and Ordinances and tile Collier County Land Development Code 2/27/20079:00:00 AM Approved By David C, Weigel County Attorney Date County Attorney County Attorney Office 2/1212007 11 :51 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2113/2007 2: 18 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 2/15120071:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2117/2007 9: 19 AM Agenda Item No. 16K2 February 27,2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve Agreed Order Awarding Expert Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in the lawsuit styled Board of County Commissioners v. Willow Run Land Trust, et aL, Case No. 05-1036-CA (South County Regional Water Treatment Plant RO Wellfield Expansion Project No. 70892). (Fiscal Impact $37,879.29) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Costs as to Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in the lawsuit styled Board of County Commissioners v. Willow Run Land Trust, et al., Case No. 05-1036-CA (SCRWTP RO Wellfield Expansion Project No. 70892). CONSIDERATIONS: This item is included in the 2005 Water Master Plan update adopted by the Board of County Commissioners on June 6, 2006, item lOB, ...~.._- The parties reached a settlement and a Stipulated Final Judgment was entered on July 26, 2006, by Judge Martin. Pursuant to ~73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding, Because of the unique nature of the property owned by Willow Run Land Trust, a number of experts were consulted by the owner. The property owner submitted invoices for expert fees and costs totaling $47,237.95. Through negotiation, the parties have agreed to $37,879.29, Attorney's fees remain to be resolved, If the Agreed Order is approved, the County is responsible for the following costs: Expert Fees & Costs: Legal Costs: TOTAL COST: $36,158.00 $ 1.721.29 $37,879.29 See attached Agreed Order Awarding Expert Fees and Costs. FISCAL IMPACT: Funds in the amount of $37,879.29 are available in Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, Source of funds are Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project will further the goals and policies of the Collier County Gro\Vth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Expert Fees and Costs; 2. Approve the expenditure of funds as stated. ...-" PREP ARED BY: Ellen T. Chadwell, Assistant County Attorney ~2/~5/2887 17:16 3853723691 Agenda Ite~. 1 ~R~84 February 27, 2007 Page 2 of 5 IN.THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COUlER COUNTY. FLORIDA. as the Ooveming Body of ColJier County and as Ex- Officio Governing Board of the Collier County Water-Sewer District, Petitioner. v. Case No. OS-1036..cA Parcels: 137R, 93~ 738R. 838, 938R, 746R, 946R CHRIS A. STONBBORNER and JOS:EPH D. BONNESS III, as Trustees of the WlLLOW RUN LAND TRUST. et 31.. Respondents. I AGREED ORDER A WARDING EXPERT FEES AND COSTS THIS CAUSE. having come before the CoUrt upon joint motion of the parties, Petitioner. BOAlID OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and 8$ Bx-Qffic:io Ooverning Board of the Collier County Water-Sewcr District (hereinafter LtPetitioner'"). and Responden~, CHRIS A. STONEBURNER and JOSEPH D. BONNESS m, as TlUStees of the wmow Run Land Trust; SOUTHERN SAND AND STONB, INC.; B..tH IbR ROADS. INC.; and NAPLES AREA TRIATIn..BTBS, INC.. (hminafter "Respondents''), by and through their undersigned counsel, fot' entry of an Agreed Order AwBItiing Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents. CHRIS A. STONEBURNER 81Id 10SEPH D. BONNESS III, as Trustees of the WiIJow Run Land Trust; SOtJ'I'HHRN SAND AND STONE, INC..; BBTI'BR ROADS, INC..; and NAPLES AREA TRIA'J'HLBTES, INC., receive from Petitioner the total sum of Thirty-Snell Thousand Eight Hundred Seventy.Ntoe ad 291100 Dollan ($37,879.2!)), for seTVices provided by KJusza & Goding, Inc., W. Anthony ~~~B5/2BB7 17:16 31353723691 Agenda Ite~. 1 ~R~El4 February 27,2007 Page 3 of 5 Wiles, Nowlcn Holt & Miner. P.A., Carroll & Carron, Inc.. JMD Engineering, Inc., Gerald M. Ward, P.E., Hartman Consulting &. Design, and for legal costs to the Law Office of Brian P. Patchen, P A. which total sum includes all ,expen fees and defense costs IeCOverablc by Respondents in this cause with respect to Parcels 737R, 937R. 738R> 838. 938R, 746R and 946R, ex.ccpting attorney's fecsi it is further ORDERED that the Court reserves jurisdiction to award attorney's fees as to Parcels 737R. 937R, 73BR. 838, 938~ 746R and 946R. in accordance with ~73.092. Fla. Stat.; it is further ORDERED AND ADJUDGED that Petitioner shall, within thirty (30) days from the date of this Order. pay the sum of Thirty-Seven Thousand Eight Hundred Seventy-Ntae and 29/100 Dollars ($37,879.29), to LAW OFFICE OF BRIAN P. PATCHEN, P.A. mUST ACCOUNT. clo Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131.3014, for pI'OpCl" disbursement of ~pert fees and costs. DONE AND ORDERED in Naples, Collier County, Florida, this day of , 2007. Lawtence D. Martin Circuit Court Judge Conformed copies to: Ellen T. ChadwcU, Esquire Brian P. Patchen. Esquite Brian R. Brattebo. Esquire John W. Little, lXI, Esquire Bank of America Legal Department Blue Star West, Corp. . Southern Sanitation, Inc. Toni Mott.. Property Acquisition Manager. Real Estate Services .~_.._...--- .-.-- -........ ~~/05/2ea7 17:16 3053723691 Agenda ItEf~. 1tWjl4 February 27,2007 Page 4 of 5 .JOINT MOTION The PartJes, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees and Costs, and as grounds therefore state as follows: 1. Respondents filed a Motion to Tax Attorney Fees. Expert Fees, Costs and a Memorandum of Costs. 2. Based on the invoices and receipts contained therem and representation by counsel for Respondents lhat'these invoices reflect work that was necessary for the defense of this cause, the parties have negotiated the costa as to these experts. WHEREUPON, the undersigned respectfully request entry of the foregoing Aped Order. 7 Dated: 'rlan P. c:n, Law Office of Brian P. Patchen, P .A. PJorldaBarNo.: 157545 1000 Brickell Ave., Suite 1112 Miami. FL 33131-3014 (30S) 372-1112~ Phone (305) 372-3691- Facsimile A'TTORNEY FOR RESPONDENTS . Ellen T. Chadwell ~ Assistant County Atto ~ Florida Bar No.: 983860 3301 Bast Tamiami Trail, 8lh Floor Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - FacsimHe A1TORNBY FOR .t'~HnONBR. CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to the parties listed on the attached Service Ust on this _ day of 2007. Ef .LR~ T. CHADWElL, ESQ. OS.J 036.cN843 Item Number: Item Summary: Meeting Date: Agenda Item No, 16K2 February 27, 2007 Page 50f5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve Agreed Order Awarding Expert Fees and Costs for Parcels 737R, 937R 738R, 838, 938R, 746R and 946R In the lawsuit styled Board of County Commissioners v. Willow Run Land Trust. et al Case No. 05~1036-CA (South County Regional Water Trealment Plant RO Wellfieid Expansion Project No 70892) (Fiscal Impact $37,879 29) 2/27/200790000 AM Date Prepared By Ellen T Chadwell County Attorney Assistant County Attorney County Attorney Office 112912007 10:01 :23 AM Date Approved By Thomas Wldes Public Utilities Operations Director PUblic Utilities Operations 1/29/2007 12:46 PM Date Approved By Paul Mattausch Public Utilities Water Director Water 112912007 10:56 PM Date Approved By Ellen T. Chadwell County Attorney ASSistant County Attorney County Attorney Office 216120071:51 PM Date Approved By Roy B. Anderson. P,E. Public Utilities Public Utilities Engineering Director Public Utilities Engmeering 217120075:19 PM Date Approved By Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Engineering 21121200710:45 AM Date Approved By James W. DeLony Public Utilities Public Utilities Admrnistrator Public Utilities Admlnistration 211212007 11 :05 AM Date Approved By David C. Weigel County Attorney County Attorney County At10rney Office 21131200710:57 AM Date Approved By OMB Coordinator County Manager's Office Adrninlstrative Assistant Office of Management & Budget 2113120072:11 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 21161200710:13 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 211612007 11 :03 AM Agenda Item No. 16K3 February 27,2007 Page 1 of 6 Executive SUmmary Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $215,000.00 for the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $99,541.20) OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcel 118 in the lawsuit styled Collier County v, David Lawrence Mental Health Center, Inc., et al., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 6208]). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on August 4, 2006 and by depositing the amount of $] 53,300.00 in the court registry on August 24, 2006. The County and Respondents have negotiated a settlement of $215,000,00 for full compensation. If the settlement is approved, the County is responsible for the following costs: . Additional Deposit/Disbursement Amount: . Expert Fees (engineer, appraiser & surveyor): . Clerk's Service fee: . Statutory Attorney's Fees*: TOTAL: $ 6],700.00 $ 14,710.00 $ ] 50.00 $ 22.981.20 $ 99,541.20 The Mediated Settlement Agreement is conditioned upon the agreement of the parties that the right of way easement, Parcel 118, does not impact the septic system on the remainder property. *Attorney's fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0,33 x ($215,000 - $145,360). Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funds in the amount of $99,541.20 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners: I. approve the Mediated Settlement Agreement; ,- 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; Agenda Item No. 16K3 February 27, 2007 Page 2 of 6 3. approve the expenditure of funds as stated; 4. direct staff to deposit the sum of$61,700.00 into the registry of the court; and 4. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney - Item Number: Item Summary: Meeting Date: Agenda Item No, 16K3 February 27, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement In the Amount of $215,000,00 for the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., at aI., Case No 06-0567-CA (Santa Barbara Boulevard Project No 62061). (Fiscal Impact $99,541,20) 2/27/2007900:00 AM Assistant County Attorney Date Prepared By Heidi F. Ashton County Attorney County Attorney Office 211/200710:58:53 AM Lisa Taylor ManagementfBudget Analyst Date App roved By Transportation Services Transportation Administration 21112007 3:20 PM Norm E, Feder, AICP Transportation Division Administrator Date App roved By Transportation Services Transportation Services Admin. 2/1120074:43 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 2112/2007 11 :08 AM Right Of Way Acquisition Manager Date App roved By Kevin Hendricks Transportation Services TECM-ROW 2112120074:54 PM Accounting Supervisor Date Approved By Sharon Newman Transportation Services Transportation Services Admin 2/12/20075:19 PM David C, Weigel County Attomey Date App roved By County Attorney County Attomey Office 2/13/200711:01 AM Approved By OMS Coordinator County Managers Office Administrative Assistant Date Office of Management & Budget 2/13120072:13 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 2/16120074:29 PM Approved By James V. Mudd Board of County Commiss.ioners County Manager Date County Manager's Office 2120/2007 9:07 AM .. Agenda Item No. 16K3 February 27,2007 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIRCUIT CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 06-0567-CA v. Parcel No.: 118 DA VrD LA WRENCE MENTAL HEALTH CENTER, INC., et al. Respondents. / MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on January 29,2007, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondents, Manuel Navarro and Dominica Navarro.. the sum of$ :l..'S: (jOG. 00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of$ 15.3 .3 00. 00 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondents will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondents the balance due of$ G,r '700. OD within thirty days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. ,'- ',' Agenda Item No. 16K3 February 27,2007 Page 5 of 6 5. . Collier County will pay $ ,:;':l. C( 8 T. :1..0 in full satisfaction of all attorney's fees arising from any moneta/y and nonmonetary benefits in this case. Collier County will pay $ J!;I; '110. 00 in full satisfaction of all experts' costs in this case. The Court "Will retain jurisdiction to determine apportionment issues if any, and to determine supplemental attorney's fees, ifany. 6. This Settlement Agreement is subject to review and approval by the Board of County Commissioners of Collier County. 7. Attached hereto is an addendum to this Agreement. v" Yes No 8. This Agreement, dated January 29,2007. and the attached addendum, if any, contain all ofth agreements of the parties. Jlj{A- A orner 1c,r Petitioner titFlQ( ~~ Ml-l1V^J Respondent, Dominica Navarro at :L/tA I ST ~~ Mediator ~F Attorney for Responde t .~ Agenda Item No, 16K3 February 27,2007 Page 6 of 6 . .. ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: t. ~1 e.. fA (Ul F:.$ A Ii ~ Ee:. -n-tA \ II-I E.. 1e,1 G t..rr ~ F" '1/,1 It,/ EA S'E.fVl E.l\\T 7" R..c..e::.LI '8 "D" .E:..s At CJ T fI'\ '\ pl\ C'...; ,-- J I I T1-\ E.. S E:.:PTr c:. S y s -'--8V\. 0 ~ "'T1-t E::. 12t!~ ND~R- -F~r(.tcr1' ..----r~dm." ~ ~ Respondent, Manuel Navarro ~ ~ ~ --:=r ~CQboJn- ~ Respondent, Doillinica Navarro \/2A.101 ~. Collier unty ~ - ~~ ~ /------ ~ Mediator -1'~ ~- Attorney for Responde t ' Agenda Item No. 16K4 February 27,2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Planning Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $14,500.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Planning Fees as to Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et aI" Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). CONSIDERA TIONS: The parties entered into Stipulated Final Judgments which were executed by Judge Martin on September 12,2006, The property owner submitted an invoice for planning expert fees totaling $17,823.25. Through negotiation the parties have agreed to an amount of$14,500.00, If the settlement is approved, the County is responsible for the following costs: · Planning Expert Fees: TOTAL $14,500.00 $14,500.00 See attached Agreed Order Awarding Planning Fees for Parcels 131 and 132. FISCAL IMPACT: Funds in the amount of $14,500,00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes, GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Planning Fees for Parcels 131 and 132; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of$14,500.00 to Diaz Pearson & Associates, Inc. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 06-0708-CA/669 .-' Item Number: Item Summary: Meeting Date: Agenda Item No, 16K4 February 27, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K4 Recommendation to approve an Agreed Order Awarding Planning Fees for Parcels 131 and 132 in the lawsuit styled Collier County v, West Coast Deveiopment Corp" et ai, Case No 06-0706-CA (Santa Barbara Boulevard Project No, 62061) (Fiscal Impact $14,600.00) 2/27/2007900:00 AM Assistant County Attorney Date Prepared By Ellen 1. Chadwell County Attorney County Attorney Office 2/5/200710:53:52 AM Transportation Division Administrator Date Approved By Norm E. Feder, AICP Transportation Services Transportation Services Admin. 21512007 3:47 PM Assistant County Attorney Date Approved By Ellen T, Chadwell County Attorney County Attorney Office 2/512007 1 :52 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 2112/200711:08 AM Lisa Taylor Management/Budget Analyst Date Approved By Transportation Services Trans.portation Administration 2112/20073:39 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TEeM-ROW 2/12/2007 4: 54 PM Accounting Supervisor Date Approved By Sharon Newman Transportation Services Transportation Services Admin 2/13/200711:22AM County Attorney Date Approved By David C. Weigel County Attorney County Attorney Office 2/1312007 11 :59 AM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 2113/20072:17 PM Management & Budget Director Date App roved By Michael Smykowski County Manager's Office Office of Management & Budget 2/16/20079:54 AM County Manager Date Approved By James V, Mudd Board of County Commissioners County Manager's Office 2116/20071:26 PM Agenda Item No. 16K4 February 27, 2007 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, v. Case No. 06-0708-CA WEST COAST DEVELOPMENT CORP., et al., Parcels: 131, 132 Respondents. / AGREED ORDER A WARDING PLANNING FEES TIllS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU, by and through their undersigned counsel, for entry of an Agreed Order Awarding Planning Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand Five Hundred and NollOO Dollars ($14,500.00) for planning fees and costs with respect to Parcels 131 and 132; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Fourteen Thousand Five Hundred and No/tOO Dollars ($14,500.00) to Diaz Pearson & Associates, Inc., 1200 W, Platt Street, Suite 204, Tampa, Florida 33606. Agenda Item No. 16K4 February 27. 2007 Page 4 of 4 DONE AND ORDERED in Naples, Collier County, Florida, this ,2007. Conformed copies to: Ellen T. Chadwell, Esquire Bella Y. Patel, Esquire Diaz Pearson & Associates, Inc. Kevin Hendricks, Acquisition Mgr.ffransp. day of LAWRENCE D, MARTIN Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Planning Fees. Dated: Bella Y. Patel, Esquire Florida Bar No.: 961670 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Phone (813) 643-2612 - Facsimile ATIORNEY FOR RESPONDENTS, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU 06-0708-CA/668 Dated: Ellen T. Chadwel@ Assistant County Attorney Florida Bar No,: 983860 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER, COLLIER COUNTY Agenda Item No. 17 A February 27, 2007 Page 1 of 12 EXECUTIVE SUMMARY Petition SNR-2006-AR-I0898, Jon Ogle, representing the CRA Bayshore/Gateway Triangle, requesting a street name change. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, north of Francis to Linwood Avenue, in Section 11, Township 50 South, Range 25 East, Collier County, Florida OBJECTIVE: That the Collier County Board of County Commissioners approve the Resolution renaming Francis Avenue and Pine Street, as depicted in the plat of Naples Commercial Center, First Addition, recorded in Plat Book 8, Page 3, to Linwood Way. CONSIDERATIONS: The Petitioner has met the requirements for requesting a street name change and the proposed name does not duplicate an existing street name in Collier County. Of the 24 owners of property abutting the street in question, 17 have granted their approval of the change. - FISCAL IMPACT: Fiscal impact will be incurred in the form of staff time spent noting changes on plats by the Engineering Services Department and addressing records by the Addressing Department. Fiscal impact to fire, police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incun-ed in the form of costs to update records and maps. The Petitioner will bear the cost of replacing the sign(s). GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners approve the Resolution renaming Francis Avenue and Pine Street, as depicted in the plat of Naples Commercial Center, First Addition, recorded in Plat Book 8, Page 3, to Linwood Way. PREPARED BY: Ashley Blair, Planner Department of Zoning and Land Development Review - Item Number: Item Summary: Meeting Date: Agenda Item No, 17A February 27,2007 Page 2 of 12 COLLIER COUNTY aOARD OF COUNTY COMMISSIONERS 17A SNR-2006-AR-10898 Jon Ogle, representing the CRA BayshorelGaleway Triangle, has submitted a street name change application. The request is to change the names of two streets. Francis Avenue and Pine Street, to Linwood Way. The new street. Linwood Way, would Include Francis Avenue, south of Linwood Avenue to the dead-end intersectIon with Pine Street, and Pine Street. North of FrancIs to Linwood Avenua, In Section 11, Township 50, Range 25, Collier County, Florida 2/27/20079:00:00 llM Planner Date Prepared By Ashley Blair Community Development & Environmental Services Zoning & Land Development Review 218/20072:17:46 PM Ross Gochenaur Planning Manager Date Approved By Community Developmont & Environmental Services Zoning & Land Development Review 2/9120072:52 PM As.sistant County Attorney Date Approved By Jeff Klatzkow County Attorney County Attorney Office 2/12/200711:54 AM Operations Analyst Date Approved By Constance A. Johnson Community Development & Environmental Services Community Development & Environmental Services Admin. 2/13/200710:34 AM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2/131200711:06 AM Transportation Division Administrator Date Approved By Norm E, Feder, AICP Transportation Services Transportation Services Admin. 2/13/200711:13 AM Zoning & Land Development Director Date App roved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Review 2114/20078:49 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 21151200711:31 AM Administrative Assistant' Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 2116120077:39 AM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 2/16/2007 12:20 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 2/201200710:06 AM Agenda Item No. 17 A February 27, 2007 Page 3 of 12 RESOLUTION NO 2007 - _ A RESOLUTION OF THE ,BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING FRANCIS AVENUE AND PINE STREET TO LINWOOD WAY, WHICH STREETS ARE LOCATED IN NAPLES COMMERCIAL CENTER FIRST ADDITION, SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336,05, Florida Statutes, has conferred on all cOllnties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, the County pursuant thereto has adopted Collier County Ordinance 03-14, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, which establishes criteria and procedures to rename streets or roads; and WHEREAS, the Collier COllllty Board of COllllty Commissioners (Board), has held a public hearing after providing notice as required by said ordinance and has considered the advjsability of granting the application of Jon Ogle, Project Manager of CRA Bayshore/Gateway Triangle, to rename Francis Avenue and Pine Street, as depicted 011 the plat of Naples Commercial Center First Addition recorded ill Plat Book 8, Page 3 of the Public Records of Collier County, Florida, to Linwood Way as illustrated on the attached Exhibit "A"; and WHEREAS, the Board has determined that aU criterja and requirements set forth in Chapter 22, Article X, of the Code of Laws and Ordinances have been met and specifically finds that there is no other street in incorporated or unincorporated CoUier County with the same name or any similar sounding name as is being requested; and WHEREAS, the Board has determined that it is necessary for identification purposes to change the names ofthese streets, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Effective this date, the names of the slJ'eets described in the above recitals, depicted in Plat Book 8, Page 3 of the Public Records of Collier County, Florida, are changed from Francis Avenue and Pine Street to Linwood Way, and are confirmed as such. BE IT FURTHER RESOLVED that tills Resolution be recorded in the Public Records of Collicl' County, Florida, and referenced upon the maps of thc street and zoning atlases of Collier County, and the above-referenced Plat. This Resolution adopted after motion, second and super-majority vote this _ day of ,2007 ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to form llnd legal sufficiency: ~OA~ .!ltadtrd -IftJ A 0 J ~,- f..-r-. Jeffrey A lalzkoli.- r-""~~7 D - Mlltlugillg Assistant County Attomey ,COLt:IER COUNTY GOVERNMENT DePT. OF ZONING & LAND DEVELOPMENT REVIEW __ WWW.COLlIERGOV.NET Agenda Item No. 17 A , February 27,2007 2800 NORTH HORSESHOE DRIVE Page 4 of 12 NAPLE$, FLORIDA 34104 (239) 403..2400 FAX (239) 643..6968 SNR AR # PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ SNR-2006-AR-I0898 PROJECT #2006110050 DATE: 12/6/06 ASHLEY BLAIR ] NAME OF APPLlCANT(S) Rd J ~ ~ ADDRESS oL ~ .8'Cl ,~~is AveNue- CITY jJr~.l. TELEPHONE # 77 '--J - /...I '{ 6 (1 CELl. # E-MAIL ADDReSS: NAME OF AGENT Jd,J OO!e,,/ ~~.J fTJ~'Jt, ADDRESS .,1J<(o ~..J... i1 ft [7 C1TY~'(,' TELEPHONE #,.}J, ,. r; ~-IJlej CELL # --1.31- FoZ/- sa 0(." E-MAIL ADDRESS:J...Jqsk(?c<.lll~l4. /Vel- STATE Fl- . FAX# ZIP .14 11..2 CteA ~(~/U7~~ ST ATE PC- ZIP ,3 4 f I.J , FAX # .;1.51- 3 (JLf. 3 (U,. 'I .' ~~a'fi{'";';;'f;i1'i~i!A-lt:rS':ii:<'W;~~+i;j.ii: ~~U'!\::J1..:1:.tl::1<tll~J:~' I";,~,,,,!:'.i;j-:~,';:-':.. '.f .. ','-" ,"\~';".:'..,. .. ," ..~.'., ,.. ..., .,.... .~,' ..... .<-.tV!'.' "'),,)",:' ,Ir",.:-f!:~ Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF CIVIC ASSO MAlLIN ESS CITY ST ATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOC\ATION: MAILING ADDRESS STATE_ZIP CITY STATE_ ZIP "'Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Applicatlon for Street Name Change - Revlscd Aprll14, 2003, Revised Nov, 2004 Page" of6 Agenda Item No. 17 A February 27, 2007 Page 5 of 12 ;J-iir.;J:':t~;:;::;0".;,r:,~O:o:"::;'q::~;-::;:'~'X' ::':-;"\':\J:~~,~;-r"'.r::/';):T~r:;:':'p' :R'<1'~K-~S'~E"D""-' .C.H.;";N.....G.~,: ". :1}~ ' l.ii:i.~--"'{'.""i.,.'.."..:.... '''..~'...l .....,!q:..};"':",)".;'!'~..,...:zs:r:.". '....c....,.:..,~,_........~,_~.:.... I -gr-.v 'I' "". .1:"..... ':1'-': ',. " ~:'_.~:J~!~~'-;;'l:;('J<.~ J.......:~'.:~_( ~.~~~:;..... ""i''''''''';:;'~''~' "1.',,':''':;:'':.-,,'':''. -'~>",..;".~~I..~:....~-,...~.,:.~..", ',;.;' . '_ .> " - " _,,-....~... ,,,,,.1 . r ':...'~". .;.. "~.:j PROPOSED STREET NAME f:AJC;j At"~()e ..f Be S'J,e-e,.-1- h~6v,~J t./t,j CURRENT NAME OF STREET STREET IN QUESTION IS: lRf public, or , /s;;W ( ~M-twf tU~/rc4f If)V' ;;~~s ~Nt7~ 4X! t7~ d/k~ // ~~ pr'.4! k/-j- ~ ~N1;~~~~ffZ7i/kl4:6 ~:::'; Lb. Percentage of property owners signing petition: .~ " ~ Q4_~ X~f f03 ~ lJ~ "10.8" Ie> ~ Approximate length of street: /.d?,1f I ~ Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: ~otal Number of property owners signing petition to change street name: Applicant J8f does, or 0 does not, agree to pay cost of street sign replacement for public street, {approx, $100.00 per sign) Application for Street Name Change - Revised April 14, 2003. Revised Nav, 2004 Page3of6 . k': ~':" ;' . .':. .,'. ....\~. ':.., .. : LOCATION' ..', . . -. '''',. ..'," '.1 ." ' . ." 'L-",. Agenda Item No. 17 A February 27 2007 :~.': ':~,' \,.:/;:>,~~~~:iff 12 ...... List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) Subdivision: AJrt~' ~."'" C~ jf"1ld1 Unit No. C- Tract No. ~d., 3 '-I Section/Township/ Range: II I jo / d2.1 Subdivision: jt/~} L"" C~ .lfr~Jj Unit No. c.. Tra~t No. - ~~ ~ {; 5 /0 Section/Township/ Range: . 1/ I 50 I ~5 Subdivision: A!~.b t:::_ ~ / l'rfkIJ Unit No. c Tract No. /!- /5 If /'1 Secthm/Townshipl Range: // /{(J I ~.5" Subdivision: I~t> &_ (!d j'WI Unh No. 11 Section/Township/ Range: /J f SO I;) ,,- Tract No. 3)]/.39 'io .; ./ J Ltj 9.1 'i-j'-I'( Subdivision: N-pks {l_ {?d /J"'llfl Unit No. A Tract No. 7'('(6 ttf 'If' Section/Township/ Range: /1 ISD I 02~ Subdivision: Unit No. Tract No. Section/Township/ Range: f I AppllcQtlon for Street Name Change - Revised Ap~1l14, 2003, Revised Nov. 2(}04 Page 4 af6 LOCATION; Agenda Item No. 17 A February 27,2007 Page 7 of 12 . List legal desqription(s) of properties abutting the street to bo renamed. (Attach additil)l1al pBgCll ifncc~ssat'Y) A. Subdh'jsioI1: APb ~ t"",L 1,Jf" {#/ Unit No, a Tract No, 1.1 " J t; J }- 3.:2 A. Section: II Tow:n~hip: 6 cJ Il~ Ral\g~: ~ B. Subdivision: L~DQj IL C-JII1{~.ue- (I~I Unit No, ---1-_ Tract No.__ B. SCJ::tion: /1 TOWl:lShip: Sd RalIge~ cJ.J" C. Subdivision: AI?, ~ ,C_ C~ I J'r 4;/1 Unit No. C_ Tract No.l:L-c;lo c. SectJon: /I Township; Fo Range: ;2;;- J). Subdivision: Unit No. Tuel No, D. Section: TOW1.l5hip: Range: F. Subdivision: Unit No. Tract No. F. Section: __~ T~wm:hip: Ruuge: Al'plieAti01l {or SlrOfll NafllCl (:baDJlt - n~lse4 A"rJl ~4. 20113 Yal!c...fli PETITION' ~aenrJ~tem No. ~7 A ' :\ Fe6ruary 27,2007 I Page 8 of 12 ~ I t , j "j I '-" T.O: TBJt :BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA THE UNDERSIGNED :PltTITIONERS flEREBY REQUEST THE BOARD OF CpUNTY ?OMMl SIONERS TO CHANt' ~IIE NAME OF mE FOLLOWIr<G STREET N.<MJ! FROM ,1;' ho.ff' r(. ~O if./tfUowl dt--. " t I , ! I I i I , \ I "/,, pet /"1 7;;yC-2D ~ '3 ~ '3 1M: ?-''' v. vi" (;2 v6' i J t \ ~ .;)' 6 1(,.- ;;l ~ t) 0 Appllclltlnn ~..r Strt~l NRIII~ Chll\~ll- Rcvbt'd AprH 14. .' i <(. ~ ' 'Q ~ ' ~ ~ f' o -I lL. ~ . . ~ ~l. z J~fii :, ,( ~ J ~ o.,! B ;..; U Hi r! l!i:I J:: J.J 0 J B .J i ~ ) . . )1. .~ '. '::JS ~ ::GSeJ~~~l!iE~i~~ ,,~~ !:~~;~l " ""Hio;~~!l;~,..e ",~,~" !II;, ~ . ~(~~g~~~~e~~!~~i~~ . ~~~Jj~ .. ""!lIIi,~i':::e;,i:"'~!~ ,~! ' ~~;~~~~~~~~~H~~~~ ~vO':!~o;:aO~..~'f~~lt:J , ~~~~~~~I;~ '~~!~~l~ ~~~~~~~~~~~h~~~' ~ ' ..~~~~~~~l~~~~~~~~ ~ 1!l;~"~- Mf'~~~;'lt~ ..~ (~~~iJ""~~a~!04 l!I ;,~i~~~e~~~~~~~~~~ :l..(...t- 'f!:!o"';::~ ~~~QC: ... "lili!i:- " ~~~~e ~S;;~~~~~ ;,~.. ll?~"~'<Q~ orii ~~ "~~~~~~~~~~~~i ~~ ~~~.~~~~~~ ::I... "..'" "'1.1 .. !..ae"~!l; ~~~~!~ ~, I~ ~ !(~~~~~\~.:sa ~Q~"li<c~" ~~., ~~..~l!~~Q~~.i ~~ d~~t~~ ~ :;8 ~:r~~~~~ ~ n Sl(j -=~..~~ ~'l:t::..tr:i" ~ S~~~ ~. Agenda ., ~~. 17 A ~ ~~~~ Febr ~~2007 ~It... ia~of 12 ~3~ lit i ~ ~~".~~ f~~ i;l'Q, ~. 'J' ~'fl 41.\ ,', A~ ./1"". '7. ..;0- ~>.; ()0~;. ~ t" ,~)o- 'O~f :> ~9", ... \,~. , '!'~ '{'" A~ \fie:. ' ~ , ~A~ v).\)-. ')".~~ 6~~':\o. L~ I I'AJ' I ('\tt.'.>~. f~t') "'1',.,i t"<!).,..~ 'v.:. 'to> , I 'Is.: \P ' ,A'<; Q.o ! I ~ ~~ .?')-/ ""0\\') I I I ~ >;I) > ~'" = ".__L..__ ...--L__i:;' ~~~l -14H'71' $I' A -- __ , " II ,.. '~ ,,;:;;;:;;, "" D. ;) .:lNld--- ..J"~ t ~ ~ .. } . ~ ! 'e, . ~~ . .... ~ . "Pi ....;. ~.' , .. '--4:6>-_J~ "'4.0. JI ~'---"'~-1l -..... ':JL ~ I ~ ~ ~ : ~~ ~ . ~~ ;~ ~ ~ ~ Sf ~~ i ;! ff0! l)~ ~.. ~ "8 ~:: .. ~ . ;,; g;. a.. ~~; : ii t ih ~~ F ~~ a i~ N E.}, ,-,--- --~ ----- .. ---1. '" ~_-a .4.0- YOn -._~ '~I II ,/ ~ ~ " ~ " ~ .. .. . .. ~ ---=--.~--~ _......' '" ~ ~ ~ ~ r ~~ ~ 11;- ~"" i i " ~ " e l:' ~ .. i~ ~ i ~ ~ "~ ...... j ~ .,~~ ~i Agenda Item No. 17 A February 27,2007 Page 10 of 12 ."'.-., <(t-N t-O"- I 0::: ~ I \.0 o o C"I I ~ Z U) " ~ ~ Q o o ~ Z I--l ~ 0, -f-J -f-J 0) 0) H 4-J rJ) 0) ~ "d ~ 0) S Cl) ~ rn .~ u ~.. ~ ~, ~ o Z <(r-N r-O""-- ~O'+- "'J - .... ('oJ E>- Q)'- ......cu - :;l CU'- '0.0 cQ) Q)LL OJ <:( '~ ~ ~ Z ~ u ~. ~~ H~ U~ ~A ~Cl ~~ ~~ O~ U~ ifl ~ H ~ ~ 5 Bill ~Iil' =~ull 'I~K~€ll ~B~~~l!M~ Slur!! I!RUI!i ... '" .. ... Cl "', i' '" <( ~ a 0 ~ :oc~, ~ 0 I- ....l ::'LL C ~ r' P "'I- SiE tlzi"r5 '" :J' ~li l'i 0 i a ~; ~ u ~I :: 0:: ~ lot Z ILl ~~ >-..J ~ '" 0 ~ z u. ~ ~ ~ o tn ::> '" < Z ~-~-i17~~ ---J;f , ~~?j">. '\,./' 'Q~ I. --X! (~ ~1/ \'t ~,1Jf3 )1 ~JLf=~_,jj! t~.;. . ~'q, qt :n..\..(.\$. ..t.'".c.l. ~ 0' O'~> . ~y'" ~!)y;..)t. il},~,- .>~;l, "---1 I' l:! ... ~ . <:i h.....::~~T{:~.\ '.f ~ p,lf \~'" ll.." - ,) ~ " ~ ':..:!1 ~l'; ,< ,~:~5 ~ ' : R .' ~ ~ ~ i~ ~~ ~~ 'fI~ n "~ ~f t"l .. ~u n .. ! " "I i ~I ; f I . ~;!:.i ~..r..:, too.... 't~- ~i; .. ....(> ~ !! .,-t. ' I '~ ... ~ lu ~ _...- \~, ~I ~ ;;; A. I ..., .. ~~--~1 ~/Q~ ~~ h _.P__~ v. :i ~'.'.~::~ I :::::~ I t ~::::j I -.-- j 1 ::::'i I 't'--h- I ' ~ ~r~.--111...)J:J.t.21~~ ~ "- ""--, " ~ --,,:<.\ I g '. - '::j~t~... '. , __.J C!o.. ~ l3^lllb / ~--r "V~II ~/' /1 .' I / I .,( \ I ~ \> .( 'I"~0~ . <p~<<-'J I -8 .",;~~" ...C'~ ..~ / 7 ... ., ,I . .. ~' .. I .;::. I W ,..,'?i(/ I L~ : : ~ ! : : : : ~:#~:k} /~y ~_~~ ~t 1lQ'"" ';I ^-.tr"l ~ ~ ....-, ,,~'\: '/. ' I _":;.<t --~, ~ ~J' I "'" ..... (t // z/'", "'@/~ a '\".\ 1''' I '::-.;.t.... / I ~ y y / /1 J I~ {\'~ !} ~ \J~ r<"'" ~ i ~ ~ ~ i~! II' i ,~~>l ~. ~~!l !~ ~:~~ ;' ~ t ~~ ~~~J !,; 1 ~~ ~ ...~~ !d~ 1M ll( ~ ~~& :1>'. ~ ~~ lJ~ i ~j ~!;~ ~ II II ll~ I~ ~~Ii ll: I I I 7'l ~ .. o. $ I EXECUTIVE SUMMARY Agenda Item No. 17B February 27, 2007 Page 1 of 17 Recommendation to adopt an ordinance amending Collier County Ordinance No. 2001-13, as amended (The Collier County Consolidated Impact Fee Ordinance) by amending article two, impact fees, section 74-202, payment and section 74-203, use of funds; amending article three, section 74-302, special requirements for road impact fees; providing for conflict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. OBJECTIVE: For the Board of County Commissioners to adopt the attached ordinance, which amends Collier County Ordinance No. 2001-13, as amended, to comply with the Board's prior direction to utilize road impact fees from adjacent Collier County road impact fee districts for roadway expenditures as set forth in the Collier County Consolidated Impact Fee Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances, CONSIDERATION: Collier County has adopted a Five-Year Capital Improvement Road Program to undertake County road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report ("AUIR") are predicated on expected revenues, inc1uqing impact fees and the Local Option Fuel Tax being available to continue current and planned road improvements, Delays in undertaking specific roadway improvements due to insufficient revenues will result in increased road construction expenditures and result in a decrease in the level of service on County roadways. Most of the Collier County road impact fee districts are contiguous and burden the adjacent roadways. By permitting adjacent Collier County road impact fee districts to share impact fees collected the County will be able to allocate capital expenditures more uniformly and timely in response to necessitated improvements as additions required in the impact fee district or an adjacent impacted district as allowed by Florida law. FISCAL IMPACT: The utilization of road impact fees collected in adjacent Collier County Road Impact Fee Districts is expected to allow timely commitments of funds for needed transportation improvements, GROWTH MANAGEMENT IMPACT: The addition of impact fees collected in adjacent districts will provide for timely implementation of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and adopt the attached Collier County ordinance that amends Collier County Ordinance No. 2001-13, as amended, authorizing the utilization of road impact fees in adjacent Collier County road impact fee districts for roadway improvements reasonably related to the impacts created by impact fee districts. Prepared By: Norman E. Feder, AICP, Transportation Administrator, Transportation Division Attachment: Amended Ordinance -- Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B Agenda Item No, 178 February 27, 2007 Page 2 of 17 Recommendation to adopt an ordinance amending Collier County ordinance No 2001~13, as amended (The Collier County Consolidaled Impact Fee Ordinance) by amending artlcie two, impact fees, section 74-202, payment and section 74-203, use of funds; amending article three. sectIon 74w302. special requirements for road Impact fees; providing for conflict and severability; providing for rnclusion in code of laws and ordinances and providing for an effective date 2/27/20079,0000 AM Date Approved By Phill Tindall Transportation Services Principal Planner Transportation Planning 2/912007 2:58 PM Date Approyed By Donaid L Scott Transportation Services Transportation Planning Director Transportation Planning 211312007 7: 24 AM Date Approved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 2/13120078:30 AM Date Approved By Norm E Feder, Ale? Transportation Services Transportation Division Administrator Transportation Services Admin. 2113/200711:16AM Date Approved By Amy Patterson Community Development & Environmental Services Impact Fee Manager Financial Admin. & Housing 2/14/200712:20 PM Approved By Date Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2/14120075:52 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 2/1512007 9:46 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/15120073:13 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2/16120074:41 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 2/201200711 :01 AM Agenda Item No. 17B February 27,2007 Page 3 of 17 ORDINANCE NO. 2007-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-13, AS AMENDED (mE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE); AMENDING ARTICLE TWO, IMPACT FEES, SECTION 74-202 PAYMENT AND SECTION 74-203 USE OF FUNDS; AMENDING ARTICLE THREE, SECTION 74-302 SPECIAL REQUIREMENTS FOR ROAD IMPACT FEE; PROVIDING FOR. CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, establishing the Collier County Consolidated Impact Fee Ordinance; and WHEREAS, on or about April 23, 2002, the Board of County Commissioners directed county staff to prep<U'e and publicly advertise a hearing on the Board's intent to consider amending the aforementioned ordinance to further clarify the County's policy pertaining to the allocation and utilization of road impact fees in adjacent Collier County Road Impact Fee District(s) for roadway improvements reasonably related to impacts created by an adjacent Impact Fee District(s); and WHEREAS, on February 27, 2007, the Board of County Commissioners approved the following proposed revisions (0 Ordinance No, 2001-13, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No, 2001-13, as amended, is hereby amended to read as follows: SECTION ONE: Amendment to Article Two, Impact Fees: Section 74-202 Payment and Section 74-203 Use of Funds. Article Two, Sections 74-202 and 74-203, of Collier County Ordinance No, 2001-13, as amended, are hereby amended to read as follows; SECTION 74-202. Payment. (a) Unless deferred or waived by a written agreement with the county as a party thereto, or unless exempted, the impact fee shall be paid in full as a prerequisite to the issuance of a building pelwit for the development, and no building pennit or any other authorization to use the land included in the development shall be issued until each applicable impact fee has been paid in full. Notwithstanding any other provision of this section, staff shall not accept pre-payment (early payment) of impact fees prior to submittal of the related and complete building permit application fOT the respective development in all cases where issuance of a conventional building permit renders the respective impact fees due and payable, In instances where a conventional building pemlit is not required (e.g" golf course, park, change of use, etc,), staff shall not accept I Underlined Words are added; Struclc Through words are deleted. Agenda Item No. 17B February 27,2007 pre-payment (early payment) of impact fees prior to the (whichever occurs first) event Page 4 of 17 that renders such impact fees due and payable. Payment of estimated impact fees prerequisite to issuance of a certificate of public facility adequacy (COA) is not prohibited pre-payment, and pre-payment of estimated impact fees shall not grandfather such estimated impact fees against impact fee increases, if any, that occur subsequent to such pre-payment but before the respective estimated impact fees are quantified and become finally due and payable, (b) lf the issuance of a conventional building permit for the development is not required (e.g., golf course, park, change of use, etc.), then an applicant shall pay the Impact fee prior to the occurrence Df any of the following events, whichever Dccurs first: (1) The date when the first building permit has been issued for any building or structure accessory to the principle use or structure of the development; or (2) The date when the first building permit is issued for the first non-accessory building or non-accessory structure to be used by any part of the development; or (3) The date when a [mal development order, final development permit or other final authorization is issued authorizing construction of a parking facility for any portion of the development; or (4) The date when a [mal development order, final development permit or other final approval is issued for any part of the development in instances where no further building permit is required for that part ofthe development; or (5) The date when any part of the development opens for business or goes into use. (c) Owners of all golf courses must submit to the county a certified legal description and a certified surveyors sketch (to scale) of the course prepared by a professional engineer before the date the construction of the golf course commences. (d) If the development is located within the unincorporated area of the county, the impact fee shall be paid directly to the county. (e) If the development is located within a municipality, the impact fee shall be paid as follows: (1) lithe municipality has entered into a Florida Interlocal Cooperation Act, F.S. ~ 163,01 agreement with the county that provides for the collection of the impact fee, such impact fees shall be paid and collected in accordance with the provisions of the agreement. (2) If the municipality has not entered into a Florida Local Government Development Agreement with the county providing for the collection of the impact fee, such impact fees shall be paid directly to the county. The time that such impact fees become due and payable shall be the same as if the development were in unincorporated Collier eQounty. (f) If the development is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the impact fee to the 2 Underlined Words are added; Struak ThrOligh words are deleted, county prior to the issuance of a building permit by the municipality or to require additionally the payment of the impact fee as a condition of the issuance of a building permit by the municipality, the impact fees shall be collected as provided in section 74- 202(a) and (b), or, in the event of delinquency in payment, pursuant to section 74-501, (g) The obligation for payment of the impact fees and impact fees paid shall run with the land. Assignment of impact fee credits from one parcel to another parcel of land shall not be permitted except in accordance with the requirements of section 74- 205. Agenda Item No. 178 February 27, 2007 Page 5 of 17 (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current DWllcr/applicant may within 90 days ofllie expiration of, cancellation of, overpayment for, or approved revision to the building permit, apply for a reimbursement of a portion of or thc entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application, Failure to make timely application for a reimbursement of the impact fee shall waive any ri ght to a reimbursement. (I) The application for reimbursement shall be filed with the county manager and shall contain the following: a, The name and address of the applicant; b, The location of the property upon which the respective development was authorized by the respective building permit; c. The date the impact fee was paid; d. A copy of the receipt of payment for the impact fee; and e, The date the building permit was issued and the date of expiration, cancellation or approval of the revision, as applicable; f. Payment of a non-refundable "impact fee reimbursement processing fee" equal to two percent of the total impact fees requested to be reimbursed, except that the minimum processing fee shall be $25.00 and the maximum processing fee will not exceed $500.00, Reimbursement requests which are determined to arise from either an incorrect application of the rate schedule or a calculation error by county staff will not be required to pay the "impact fee reimbursement processing fee." g, If the request is due to a revision to the building permit, a copy of the approved revision including original and revised square footage. 3 Underlined Words are added; Struek 'Thr-oagh words are deleted. Agenda Item No. 178 February 27,2007 number of units, date of approval of the revision, and an explanation of Page 6 of 17 the nature ofthe revision (change of size, use, etc,); h. If the request is due to an overpayment, receipts from previous payments, corresponding building pencit numbers, and evidence of the current square footage (area) and uses of existing structures must be included in the application, (2) After verifying that the building pennit has expired or was cancelled before the development had commenced or was revised and thereby required a reduction in the impact fee assessed for the development, the county manager shall forward the request for reimbursement of the impact fee to the appropriate division staff for further processing as set forth below, (3) If a building pennit is subsequently issued for a development on the same property, which was previously approved for a reimbursement, then the impact fee in effect at that time must be paid. (4) After verifying all informalion relating to the request for reimbursement, staff shall forward the request to the applicable division administrator for approval. The division administrator shall approve or deny the request and forward all approved requests to the clerk of the circuit court's finance department for processing, (5) All reimbursement requests totaling $25,000,00 or more, cannot be approved administratively and must be submitted to the Board of County Commissioners. (i) In the event the county or a municipality issues separate building pennits for a building or part of a building within a development which by design contemplates phased (delayed) occupancy, the board and the applicant may enter into an agreement for the phased (installment) payment of the impact fee applicable to that portion of the development represented by such unoccupied units or space; provided, however, that all impact fees due shall be paid in full prior to issuance of a certificate of occupancy for occupancy of any delayed occupancy portion of the building, In the event no agreement is executed for such phased (delayed) occupancy, the impact fees applicable to that portion of the development represented by such building shall be paid prior to the issuance of a building permit. (j) The impact fee shall be paid in addition to all other fees, charges and assessments due for the issuance of a building permit, (k) In the event a development is a mixed use development, the county manager shall calculate each impact fee based upon each separate impact fee land use categorydincluded in the proposed mixed use development as set forth in the applicable rate schedule, 4 Underlined Words are added; 8trul;1k TlH:e\lgfl words are deleted. (I) In the event a development involves a land use Dot contemplated under the impact fee land use categories set forth in the rate schedules in appendix A, the cOlUlty manager shall calculate the appropriate impact fees utilizing the methodologies contained in the impact fces adopted by section 74-106, The county manager shall utilize as standards in his determination the impact fee rate calculation variables applicable to the most similar land use categories in the applicable impact fee rate schedules. (m) All refunds not specifically addressed herein or in other sections shaH follow the oroccdurersl set forth in the Collier County Administrative Procedures Manual for Road Impact Fees, Agenda Item No. 178 February 27, 2007 Page 7 of 17 SECTION 74-203. Use of funds. (a) The board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each of the public facilities, designated as follows: (I) Road: "Road Impact Fee Trust Fund~"t (2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds"; The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (3) Parks and recreational: The county hereby cstablishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the impact fee allocatcd to parks and recreational service paid by development located in municipalities within the county will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in the unincorporated areas of the county will bc deposited); (4) Library: "Library Impact Fee Trust Fund~"t (5) Emergency medical: "Emergency Medical Services Impact Fees Trust Fund~"t (6) Educational: "Educational Impact Fee Trust Fund~"t (7) Correctional: "Correctional Impact Fee Trust FWld~"t (8) Fire:"Fire Impact Fee Trust Fund~"~ (9) General government: "General Government Impact Fee Trust Fund~"i (10) Law Enforcement: "Law Enforcement Impact Fce Trust Fund." Each of these impact fee trust funds shall be maintained separate and apart from each other and from all other funds of the cOWlty, Each fund shall account for aU collections, revenues and expenditures, and shall be regularly reported to the board of county commissioners. The portion of the impact fee allocated to each public facility under sections 74-302 through 74-311, inclusive, shall be deposited into the corresponding impact fee trust fund immediately upon receipt, Each of the foregoing impact fee trust funds shall be further separated or divided based upon benefit districts established pursuant to the respective sections 74-302 through 74-311. No impact fee in any trust account shall be 5 Underlined Words are added; Struek Through words are deleted. loaned to any other impact fee trust account, but mav be utilized in adiacent districts as set forth herein. (b) The funds deposited into each impact fee trust fund shall be used solely for the purpose of providing grov.1h necessitated improvements and additions to the specific public facility or in that Road Impact Fee District or anyone or mDre adiacent Road Imoact Fee District for which the impact fee was assessed including, but not limited to the fDIIowing: (1) Design and construction plan preparation; (2) Pennitting and fees; (3) Construction and design of public facilities; (4) Land and materials acquisition, including costs of acquisition and condemnation; (5) Right-of-way acquisition, including costs of acquisition and condemnation; (6) For the road impact fee only, construction of new through lanes, new turn lanes, new bridges, bike lanes, sidewalks, street lights, and new traffic signalization, However, impact fee funds shall not be used to fund bike lanes or sidewalks unless they are constructed concurrently as part of a road project that increases capacity. Other capital cost items, including the relocation, but not the upsizing of, water and/or sewer utility facilities, may be included subject to such cost being contemplated in the then-applicable road impact fee study. (7) Design and construction of new drainage facilities required by the construction of public facilities; (8) For water and/or sewer impact fees, relocating the respective utility facilities required by the county and additions to county utility facilities; (9) Landscaping; (10) Construction management and inspection; (11) Surveying, soils and material testing; (12) For the water impact fee only, development of raw water sources and supplies; (13) Acquisition of capital equipment for public facilities; (14) Acquisition of apparatus, equipment or furniture necessary to expand the public facilities; (15) Repayment of monies transferred or borrowed from any budgetary fund of the county, or the school board in the case of educational facilities impact fee, subsequent to the adoption ofthis chapter, which were used to fund construction, acquisition and/or improvements to public facilities; (16) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness (including certificates of participation in accordance with F,S. ~~ 230,23 and 235,056, for education facilities impact fees) issued by the county, or the school board in the case of educational facilities impact fee, to fund growth impacted public facilities subsequent to the adoption of this chapter; (17) Reimbursement of excess impact fees due pursuant to section 74-202 or section 74-205; 6 Underlined Words are added; 8truek Thrsl:lgh words are deleted. Agenda Item No, 17B February 27,2007 Page 8 of 17 (I8) Design and construction of public facilities necessitated by the construction of the specific facility for which the impact fee was assessed; (19) To the extent provided by law, reimbursement or refund of costs incurred by the county, or the school board in the case of educational facilities impact fee, in the preparation of this chapter, of any update to the impact fee studies adopted pursuant to section 74-106, and any amendments or supplements adopted pursuant to section 74-502 and any other administrative costs incurred by the county; (20) Administration for the specific public facility for which the funds were collected directly relating to this chapter; and (21) Any other expenditures of the respective impact fees as then allowed by law, (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on improvement projects not included in the county's five-year crn. (d) The monies deposited into the impact fee trust fund shall be used solely to finance public facilities required by growth as projected in the impact fee studies, the comprehensive plan, or in the county's then current water or sewer master plan provided the project in the rcspective master plan is consistent with the comprehensive plan. (e) All funds on deposit which are not then immediately necessary for expenditures shall be invested by the county in compound-interest bearing trust fund(s), All income derived from such investments shall be deposited in the specific impact fee trust fund from which the invested funds came. To the extent not prohibited by law, rule, regulation or contract (including bond covenants), interest then accrued in the respective trust fund shall be used to fully fund "not-for-profit" charitable entity impact fees waivers. Accrued interest in one trust fund shall not be loaned to, transferred to, or otherwise bc treated to the credit of any other trust fund or any other account. Impact fee waivers granted by the board shall be paid from accrued interest from each trust fund affected by the waivers. In the event the administrator of a respective trust fund is of the opinion that then accrued interest in the respective impact fee trust fund is insufficient to fund the then pending requested waivers, the manager of each such trust fund shall notify the county manager in writing of the factual and legal bases for those opinions. Accrued interest shall be deemed to "be available" to fund these "not-for-profit, charitable entity" waivers unless there then exists an actual legal prohibition whereby that accrued interest cannot legally be used to fund the requested waivers. (f) The impact fee collected pursuant to this chapter (including all predecessor ordinances that are hereby being consolidated into this chapter) shall be returned to the then current owner of the property for which such fee was paid if which fees have not been expanded or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date when the respective impact fee was paid, Refunds shall be made only in accordance ,""ith the following procedure: 7 Underlined Words are added; Samek 1'lffel:lgA words are deleted, Agenda Item No, 178 February 27,2007 Page 9 of 17 Agenda Item No, 17B February 27,2007 (I) The then current owner shall petition the board for the refund prior to the end of Page 10 of 17 the fiscal year immediately following the sixth anniversary of the date of the payment of the respective impact fee. (2) The petition for refund shaJI be submitted tD the county manager, and shall contain: a. A notarized sworn statement that the petitioner is the then current owner of the property for which the impact fee was paid; b. A copy of the dated receipt issued for payment of such fee or such other record as would clearly indicate payment of such fee; c, A certified copy of the latest recorded deed; and d, A copy of the most recent ad valorem tax bill. (3) Within 90 days from the date of receipt of a complete petition for refund, the county manager will advise the owner of the status of the impact fee requested for refund, and if such impact fee has not been expended or encumbered within its applicable time period, then it shall be returned to the then current owner, For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. Such funds may be encumbered by contract, bond, resolution, ordinance, or othelWise. (4) Impact fee monies refunded by the board in accordance with this subsection (e) shall be paid with interest accrued to the principal being refunded but not to exceed the rate of five percent simple interest. Except as provided for in this subsection (e), no interest shall be paid upon the return or refund of impact fees, (g) Failure to file a timely petition for a refund upon becoming eligible to do so shaJI be deemed to have waived any claim for a refund, and the CDunty shall be entitled to retain and apply the impact fee for growth necessitated capital improvements and additions to the respective public facilities. All refunds not specifically addressed herein or in other sections shall follow the procedure(s) set forth in the Collier Countv Administrative Procedures Manual for Road Impact Fees. (h) Notwithstanding any other provisions in this section or in any other county ordinance, the provisions in subsection (D) of section 19, Chapter 88-499, Laws of Florida, a Florida Special Act applicable to the county's water-sewer district, specify the requirements for eligibility for refunds of water and scwer impact fees when the structure on the property is not authorized to connect into the county's respective utility system within ten years of the date of payment of the related impact fees. The administrator of the public utilities division is authorized to grant such refunds without further approval from the board subject to the refund applicant complying with all then applicable refund requirements, (i) Impact fee waivers or deferrals available to charitable organizations and charitable trusts. These impact fees waivers are available only to eligible to not-far-profit, charitable entities as specified herein. The cwnulative total of all not-far-profit waivers in each of the county's fiscal years shall not exceed $200,000.00. If the total amount of impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or is less than the higher total in the funding account for that fiscal year because of prior cash 8 Underlined Words are added; 8truek Thfeugh words are deleted. carrying- forward) some or all of the sum of money not waived can be carried forward and thereby added to the $200,000.00, to a maximum balance of $500,000.00 funding for the next fiscal year. Neither impact fees collected hy the county for educational facilities nor fire impact fees shall he waived under these provisions. (1) Entities eligible for waivers, These waivers are available only to charitable, not- for-profit entities that provide services of substantial benefit to low income or very low income residents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual, and the entity complies with at least one of the following: a. The entity is described in subsection 501(C)(3) of Chapter 26 of thc United States Internal Revenue Code as a corporation. a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cruelty to children, and is then exempt from taxes under Section 501(a) therein; or b, The entity is described in Subsections 501 (C)(4)(A) and (B) of Chapter 26 of the United States Internal Revenue Code as either a Civic League or an organization not organized for profit, is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 501(a), therein; or c. The entity is described in Subsection 501(C)(20) of Chapter 26 of the United States Internal Revenue Code as an organization or trust, the exclusive function of which is to form part of a qualified group legal services plan or plans within the meaning of Section 120 as referenced therein; or d. The entity is a hospital, a cooperative hospital service organization, a medical research organization, or similar organization Wlder any provision within (or referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code aud the entity is exempt from federal income taxation; or e. The entity is then exempt from Florida's annual and nonrecurring intangible taxes pursuant to F.S. ~ 199.185(4), as a "Charitable Trust" and at least 95 percent of its income is paid to one or more of the above-listed fcderal tax exempt entities, (2) Amount of waivers available to applicants. Subject to not exceeding the amount of impact fees paid (or to bc paid) by the applicant to the county, the applicant may request waivers of all inlpact fees that are waivable under these provisions, but no applicant shall be granted more than $7,500.00 of not- for-profit waivers. (3) No construction that has obtained an affordable housing deferral under this article shalI be eligible for any waiver Wlder these provisions. No construction that has been grantcd a waiver Wlder these provisions shall be eligible for any county affordable housing deferrals. (4) Applications for waivers pursuant to this section 74-203. 9 Underlined Words are added; ~ words are deleted, Agenda Item No. 17B February 27,2007 Page 11 of17 (5) a. Except as specified in this subparagraph a" the applicant must file a written waiver request application to the county manager not later than concUlTently with payment of the respective impact fees. The county shall not accept any such applications after the respective impact fees have been paid to the county except in those instance when the Collier County building pennit that authorized the respective waiver eligible development was issued after September 7, 2001 and before October 13, 2001 and the development paid the applicable impact fees in full, The applicant can avoid payment of impact fees (up to the maximum amount of impact fees that may possibly be waived for that applicant) only when it is possible that the board may grant the requested waiver before the respective impact fees become due and payable to the county. The application must prove all of the applicable above-specified elements that render the entity eligible for the requested waivers, including the required tax exemptions(s). The county manager may request additional information deemed appropriate to ascertain the applicant's eligibility for the requested waivers, including criteria noted in F.S ~S 196.195 and/or 196,196, b. No priority shall be given to any application based on any "first come, first served" ba<>is. The county manager shall rcview each application to determine eligibility for the requested waivers, Within 30 days after receipt of the application, the county manager should inform the applicant in writing whether the application is complete. If the application is incomplete, the application may be returned to the applicant, specifying in writing why the application fails to prove that the entity is eligible for the requested waivers, After receipt of such notice, the applicant shall have an additional 30 days to re-submit an amended application, Failure to meet this deadline shall void the applicant's eligibility for the requested waivers unless an extension is granted for good cause at the county manager's discretion. c. After an application is detennined by the county manager to meet the above specified minimum filing requirements, the county manager shall promptly place the application request on the county's managcr portion of the board's agenda. The fiscal year in which the waiver application is granted or denied by the board shall be the fiscal year that applies to the application. The executive summary shall specify the criteria deemed by the county manager to render the applicant eligible (or ineligible) for the requested waivers, and shaJl include the county manager's reconunendations whether the board should grant the request in whole or in part, or should deny the request, along with a proposed resolution that may be adopted by the board that contains specific fmdings that the applicant is (or is not) eligible for the requested waivers, No resolution shall apply to more than one applicant. Waivers granted shall be final and vested immediately upon adoption of the resolution, Not-for-profit waivers are discretionary and the board's decisions are final. 10 Underlined Words are added; Stniek ThrOllgR words are deleted. Agenda Item No. 178 February 27,2007 Page 12 of 17 (6) Agenda Item No. 178 February 27,2007 Page 13 of 17 The county manager may adopt additional generally applicable procedural rules Vl-ith rcgard to application requests provided those rules apply to all similarly situated applicants and do not impose additional mandatory eligibility requirements upon any applicant. (7) No construction that has applied for or obtained Fee Payment Assistance Funding under Chapter 49 of the Collier County Code of Laws and Ordinances shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be eligible for any county fee payment assistance funding. SECTION T\VO: Amendment to Article Three, Section 74-302, Special Requirements for Road Impact Fees. Article Three, Section 74-302, Special Requirements for Road Impact Fees of Collier County Ordinance No. 2001 -37, as amended, is hereby amended to read as follows: Sec. 74-302. Special requirements for road impact fee. (a) Short name, This section may be known as "Special Requirements for Road Impact Fee." (b) Purpose. It is hereby ascertained, determined and declared: (1) Both existing development and development necessitated by the growth contemplated in the comprehensive plan will require improvements and additions to the transportation network to accommodate and maintain trafIic at the level of service adopted by the county. Future growth, as represented by new development, should contribute to the cost of improvements and additions to the transpDrtation network required to accommodate and [rafIic generated by such growth as contemplated in the comprehensive plan. (2) The required improvement and additions to the transportation network needed to accommodate existing traffic at the level of service adopted by the county shall be financed by revenue sources of the county other than road impact fee, (3) Implementation of a road impact fee to require future development to contribute the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan ofthe county, (4) Future growth as represented by new development requires capacity additions to roads within the state highway system, the county road system and the city street system. The provision of these growth necessitated capacity additions to the state highway system and certain portions of the city street system directly benefits all residents of the county and is interrelated with the provision of growth necessitated improvements to the county road system, In recognition of thcse findings and the interconnections between the various road systems, it is the intent of the board to impose an impact fee on development occurring within the county and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the transportation network. (5) The board expressly finds that improvements and additions to the transportation network provide a benefit to all development within the county in excess of the road impact fee. (6) In recognition that transportation planning is an evolving process, it is the intent of the board that improvements and additions to the transportation network be reviewed and adjusted periodically to insure that road impact fees are imposed equitably and 11 Underlined Words are added; Struck Through words are deleted. Agenda Item No. 178 February 27,2007 law~lIy and ~ ,utiliz~ effectively based upon actual and anticipated growth needs at Page 14 of 17 the time of theIr unpoSItlon, (7) The county ~as a responsibility to provide and maintain certain roads in the county in b~th the umncorporaled arcas and within incorporated areas of the county. Placing a flllr share ~fthe burdcn oft?e cost of providing the improvements and additions to the transportatlOn network requIred by development within incorporated areas constitutes a county purpose. Construe.tion occurring within incorporated areas impacts the county roa~ syst~~ and. state hIghway system within the county, In recognition of these findm~s, It I,S t?e mtent of th~ boar~ to impose the road impact fee on all development occumng WIthm the county, mcludmg areas within municipal boundaries. (8) The purpose ,of this section is to require the development within the county to provide for capital Improvements and additions to the transportation network which are necess~tated by su~h development, This chapter shall not be construed to permit the col~~tion of road Impact fees from development in excess of the amount reasonably anticIpated to offset the demand Dn the transportation network generated by such development. (9) This chapter shaII not be construed to permit the expending or encumbering of any monies collected through road impact fees for the construction of improvements or additions to roads which are not contained within the transportation network. (c) Limitation on applicability, See section 74-103, (d) Payment, See section 74-202. (e) Use affunds. (I) The road impact fee shall provide funds only for off-site growth necessitated improvements or addition(s) to transportation network roads within the same road impact fee district where the respective development is located or for arterial or collector roadways of anyone or mDre adiacent districts, :'Ul eKC6l"tioa is permitted \,41ere a ~o':Rfl aeeessitatea im:provemea~ aT a4ditioa(s) !:hereto is ta be eOflBtruetoo to a portieR of IlH arterial fSa4 within a Bmgle read impaet fee EHsmet 8fld the llrterial read t-o be improved e.x:teaGs il'lta one or mare ataer OOjaeeat districts, Road impact fees from each such road impact fee district may be used in the respective adjacent district(s) provided that: a. The improvement to be made in the adjacent district is part of the transportation network that will directly benefit development in the district from which the road impact fees are generated; and b. The expenditure ofroad impact fees within the respective adjacent road impact fee district is reasonablv related prepartioHal to the benefit derived by the district wherein the road impact fees are collected. (2) Prior to the expenditure of road impact fees for a capital improvement or addition located in a road impact fee district other than where the impact fees were derived, a professional engineer shall provide a specific determination of benefit and demonstrate compliance with the requirements of this section for the proposed expenditure. Expenditure of road impact fees in a road impact fee district other than from where the impact fees were derived shall require approval from the board and the board shall support the approval by a specific flDding of benefit. (3) Access improvements, including required right-of-way dedications, shall be provided by the applicant in accordance with all other applicable ordinances of the county. (4) Road impact fee district boundaries (where a road right-of-way is used to define road district boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either district that it bounds). 12 Underlined Words are added; Struek 11Jreugh words are deleted. Agenda Item No. 17B , . . February 27, 2007 a. Road l~pact fee district number 1 is hereby created or affirmed to include the Page 15 of 17 boundanes set forth. and established as described and depicted in appendix B, attach,ed hereto and meorp?rated ~y reference. Road impact fee district number I shall m~lude all areas prevIously Included within district numbers 1 and 2 created ~y Ordmanc~ No. 85-55, as amended. The road impact fee rate schedule ~ncorporat~ In schedule 1 is hereby adopted and the road impact fees established m. th~ road l~pact fee rate schedule are hereby imposed on all development located ~thIn road Impact fee district number I at a rate established under the applicable Impact fee land use categories. b. Road i~pact fee district number 2 is hereby created or affirmed to include the boundanes set forth. and established as described and depicted in appendix B, attac~ed hereto and Incorporated by reference. Road impact fee district number 2 shall m~lude all areas previously included within district numbers 3 and 5 created ?y Ordmanc~ No, 85-55, as amended. The road impact fee rate schedule ~ncorporated I~ schedule I is hereby adopted and the road impact fees established In such r~~ Impact, fee rate schedule are hereby imposed on all development located W1thm road Impact fee district number 2 at a rate established under the applicable impact fee land use categories. c. Road impact fee district number 3 is hereby created or affirmed to include the boundarics set forth and established as described and depicted in appendix B, attached hereto and Incorporated by reference, Road impact fee district number 3 shall include all areas previously included within district number 4 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schcdule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedulc are hereby imposed on all development located within road impact fee district number 3 at a rate established under the applicable impact fee land use categorics, d. Road impact fee district number 4 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 4 shall include a\1 areas previously included within district number 6 created by Ordinance No, 85-55, as amended. The road impact fee rate schedule incorpordted in schedule I is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 4 at a rate established under the applicable impact fee land use categories, e, Road impact fee district number 5 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. RDad impact fee district number 5 shall include all areas previously included within district number 9 created by Ordinance No. 85-55, as amended, The road impact fee rate schedule incorporated in schedule 1 is hcreby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 5 at a rate establishcd under the applicable impact fee land use categories. f. Road impact fee district number 6 is hereby created or affirmcd to include the bOlll1daries set forth and established as described and depicted in appendix B, attached hereto and incol1'orated by reference. Road impact fee district number 6 shall include all areas previously included within district number 8 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule I is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed Dn all development located within road impact fee district number 6 at a rate established undcr the applicable impact fee land use categories, g. Road impact fee district number 7 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference, Road impact fee district number 7 13 Underlined Words are added; Etrn6k Thnmgh words are deleted. Agenda Item No, 178 . February 27,2007 shal~ mclude all areas previously included within district number 11 created by Page 16 of 17 Ordinance No. 85-55, as ~~ded. N? road impact fee shall be initially imposed upon development located wlthm road Impact fee district number 7, h. Road in:pact fee district number 8 is hereby created or affinned to include the boundanes set forth, and established as described and depicted in appendix. E, att~ed hereto and mcorpDrated by reference. Road impact fee district number 8 shall m.clude all areas previously included within district numbers 7 and 10 created by Ordinance No. 85-55, as ~.ended, !'To road impacl fee shall be initially imposed upon development located WIth III road Impact fee district number 8. (5) The board of coun~y commissioners hereby establishes (or affums) eight separate trust funds for the road Impact fees to be designated as the "District Number 1 Road Impact Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number ~ ~oa~ Impact Fee Trust Fund," "District Number 4 Road hnpact Fee Trust Fund," DIStricl Number 5 Road hnpact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund."; "District Number 7 Road Impact Fee Trust Fund,: and ~District Number 8 Road Impact Fee Trust Fund." (6) The monies deposited into the respective road impact fee trust funds shall be used solely to provide additions and improvement to the transportation network required to accommodate traffic generated by growth. (1) Impact fee rates, The road impact fee rale schedule incorporated in schedule I is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development as required in this chapter at a rale established under the applicable impact fee land use categories. (g) Annual mid-cycle road impact fee rate indexing. Beginning November I, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74- 20l(b) and 74-502(a) of this chapter, On or about November 1, of each of the two mid-years between updates, the county shall implement indexed adjustments to the cost components of design, utilities, mitigation, interchange, caIT}'ing cost, construction, engineering, inspection and the non-land components of right-of-way acquisition costs based on the Florida Department of Transportation Price Trends Index based on the three-year historical trend, weighted as 25 percent of the index. The index adjustment to the land value component of rights-of-way costs shall be based on the ten-year historical trend in total just values for all property as updated annually by the Collier County Property Appraiser, weighted as 75 percent of the index, The annual increases in the total just values for all property shall be capped at 25 percent for any given year included in the average. Mid-cycle indexed rate change adjustments shall be adopted by a resolution of the board pursuant to subsection 74-210(b) of this chapter, SECfION THREE: 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 ofthis Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may he renumbered Dr relcttered to accomplish such, and the word "ordinance" may be changed to "section," "arlicle," or any other appropriate word. 14 Underlined Words are added; Streek Threl:lgh words are deleted. Agenda Item No. 7B February 27, 07 Page 17 17 SECTION FIVE: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by tbe Board of County Commissioners of Collier COWlty, Florida this 13th day of February, 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency: 2) t. tf (2.{~)_- Scott R. Teach, Assistant COWlty Attorney 15 Underlined Words are added; 81m_I: Thr_ .gh words are deleted. --~-:....--.__...- Agenda Item No. 17C February 27,2007 Page 1 of 221 EXECUTIVE SUMMARY PUDA-2006-AR-10030 Sembler Family Partnership #42, LTD, represented by Bob Mulhere, of RW A, Inc., requesting a PUD Amendment to reflect the current LDC sections which were re-codified in 2004 in the Hammock Park Commerce Centre PUD Document. The subject property is 20.23 acres, and is located on the northeast corner of the intersection of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for an amendment to reflect the current Land Development Code (LDC) sections which were re-codified in 2004, as well as amend the Planned Unit Development (PUD) Document to adjust the project's commercial intensity, and as a result become consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan (GMP) and to make certain that the community's interest is maintained. CONSIDERA TIONS: -- Section 1O.02,13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners (BCC) and every year thereafter based on the anniversary of the adoption. For Planned Unit Development projects approved prior to October 24, 2001, if on the fifth year of adoption the authorized development has not commenced to the thresholds established by Section 10.02.13.D, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The applicant went before the Board of County Commissioners (BCC) on June 7, 2006 for a PUD extension. At the hearing, the BCC denied the extension request and directed the applicant to come back before the BCC with an amendment of the PUD Document. The proposed amendment will remove the inconsistent language in the PUD Document as well as reduce the permitted commercial square footage from two hundred thousand (200,000) to one hundred and sixty thousand (160,000). This project is comprised of 20.23:l: acres that were re-zoned from Agricultural (A) to PUD on November 28, 2000, by means of Ordinance Number 2000-79. The PUD was intended to accommodate different ranges of retail and office land uses as well as essential services and customary accessory uses. The proposed amendment will not change the approved land uses. - PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27, 2007 BeC Page 1 of 8 Agenda Item No. 17C February 27, 2007 Page 2 of 221 FISCAL IMPACT: The requested amendment of this property to a CPUD 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 property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. GROWTH MANAGEMENT PLAN (GMP): Future Land Use Element (FLUE): The subject property is designated Urban, Urban Commercial District, Mixed-Use Activity Center Subdistrict, as identified on the Future Land Use Map of the GMP. Relevant to this petition, the Activity Center designation allows the full array of commercial uses. The existing PUD was approved in 2000 and amended to correct a Scrivener's Error in 2004. There have been no amendments to the Future Land Use Element (FLUE) since that time to affect the uses or intensities approved in this PUD. Based on the above analysis, the proposed amendment may be deemed consistent with the FLUE of the GMP. Transportation Element: The Transportation Services Division has reviewed the amendment request and deemed Hammock Park CPUD is consistent with Policies 5,1 and 5.2 of the Transportation Element of the GMP. Developer Contribution Agreement (DCA): The project impacts the transportation network at the intersection of Collier Boulevard (CR-951) and Rattlesnake Hammock Road (CR-864), Rattlesnake Hammock Road is currently under construction with an anticipated completion date in the second quarter of fiscal year 2008, Collier Boulevard from US-41 to Davis Boulevard (SR-84) is currently funded and is being released for bidding. The expected completion date is the fourth quarter of fiscal year 2009. The Developer has agreed to enter into a Developer Contribution Agreement (DCA) with the County to prepay 50 percent of the anticipated transportation impact fees, donate right-of-way for the future intersection of CR-951 and Rattlesnake Hammock Road, construct a portion of the canal crossing and withhold Certificates of Occupancy for 115,000 square feet of the proposed 160,000 square feet of development until CR-951 is substantially complete. Transportation Services Division has reviewed the amendment request and finds Hammock Park CPUD is consistent with current policies 5.1 and 5,2 of the Transportation Element of the GMP. Transportation Services recommends approval of the DCA as a companion item with the attached CPUD. PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27, 2007 BCC Page 2 of 8 Agenda Item No. 17e February 27, 2007 Page 3 of 221 AFFORDABLE HOUSING IMP ACT: This petition is an amendment for commercial development and the application was not required to be reviewed for Affordable Housing. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards which have been incorporated into the CPUD Document and for this reason Hammock Park Commerce Centre CPUD is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION (EAC): The EAC reviewed this petition on November 1, 2006 and recommended approval subject to staff recommendations noted below. The motion carried unanimously 8-0. 1. The applicant will conduct additional ground water testing on the site in order to determine the presence or lack of petroleum related pollutants and will provide the results of such testing to County Environmental staff prior to Site Development Plan approval. 2, In designing the site, the applicant shall, where feasible, minimize the overall amount of paved impervious surfaces, PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) voted 9-0 to forward to the Board of County Commissioners (BCC) this petition with a recommendation of approval subject to the following conditions: 1. Paragraph 5.5.K of the CPUD Document shall be revised to mirror the conditions set forth in the Developer's Contribution Agreement. 2. Paragraph 5,5.A of the CPUD Document shall be amended to include the requirement that the referenced "fair share payment" shall be made within 90 days of request for said payment by Collier County. 3. The second sentence of Paragraph 5.5.e of the CPUD Document shall be amended to read "All necessary dedications and easements shall be provided with the application for the first development order." 4. Paragraphs 5.9,G and H shall be deleted. 5. Where necessary throughout the CPUD Document, it shall be revised to refer to the term "County Manager, or his designee" in place of current references to "Current Planning Manager" and the like. 6. The CPUD Document shall be revised as requested by the Assistant County Attorney, relative to minor revisions related to grammar, format and the like, 7. Paragraph 3.2,C. shall be revised to delete the reference to the 50,000 square foot limitation on office uses. PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27, 2007 BCC Page 3 of 8 Agenda Item No. 17C February 27,2007 Page 4 of 221 8. The DCA shall allow for 45,000 square feet of development to occur without a phasing restriction, and shall restrict the balance of the development (up to 115,000 additional square feet) from receiving Certificates of Occupancy before the Collier Boulevard (CR 951) 6-1aning project is completed, 9. Section 3.4.B. shall be revised to read as follows: "Any other permitted use which is comparable in nature with the foregoing uses may be permitted subject to the LDC, as amended. It should be noted that the applicant has complied with all the conditions that were suggested by the CCPC. The revised CPUD document that was submitted with the BCC packet reflects all the recommended modifications. ZONING STAFF ANALYSIS: Staff from the Department of Zoning & Land development Review has completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based, which is found in LDC Section 10,02.13,D.6.b. A summary of staffs analysis and findings is noted below: · The PUD Document and the Master Plan (Exhibit A) remain consistent with the current Future Land Use Element including, but not limited to, density and intensity requirements; Pro: County staff has reviewed this petition and has offered an in-depth analysis in the Staff Report, PUD findings and Rezone findings that give further details about the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Findings: The proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). · The PUD Document and the Master Plan are consistent with the current Transportation Element; Pro: The proposed rezone amendment was reviewed by Transportation Division staff and found that the petition does comply with all County regulations relevant to Policies 5,1 and 5.2 of the FLUE of the GMP, Con: As with all land use actions that intensify urban development patterns, there is some loss of travel time for users of the same arterial road system. Findings: The proposed change keeps the land use of commercial while decreasing the intensity from 200,000 square feet to 160,000 square feet of allowable retail and commercial area. The petition will be in compliance with all County regulations; therefore the project is in compliance with the FLUE. PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27, 2007 BCC Page 4 of 8 Agenda Item No. 17C February 27, 2007 Page 5 of 221 · The approved development is compatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; Pro: The subject property is within the Urban, Urban Commercial District, Mixed-Use Activity Center Subdistrict, and as explained in the Staff Report, the project is adjacent to a Heavy Commercial District (C-5) and the permitted commercial land use in the CPUD is consistent with the Mixed-Use Activity Center Subdistrict of the GMP. Con: The adjacent properties to the south and east are zoned Agriculture (A) and the property adjacent to the west is zoned Naples Lakes Country Club PUD, a residential land use. findings: The decrease of intensity of retail and commercial units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements and is consistent with the existing and future land use pattern in the area, · Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. Pro: The proposed rezone amendment does not change the CPUD requirements that assure compliance with all County regulations regarding drainage, sewer, water and other utilities. Con: None. Findings: The adopted concurrency requirements of the GMP ensure that further Level of Service (LOS) degradation is not allowed and the LOS deficiency is corrected. Staff Comments: The subject property is located at the northeast quadrant of Rattlesnake Hammock Road and Collier Boulevard (County Road 951). Bordering the west of the subject property is a canal which abuts the eastern edge of Collier Boulevard. The vacant land is zoned PUD and is surrounded by agricultural parcels to the immediate north and south. East of the site is Naples Lakes Country Club PUD (aka Naples Forest Country Club) and south of that site is Sierra Meadows PUD, which is adjacent to the Lely Resort DRlIPUD and Edison Village PUD. The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this amendment request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan other then reducing the permitted commercial square footage. The PUD would retain the approvals that were granted in 2000; any changes would require a separate amendment request. Within the current PUD, a maximum of two hundred thousand (200,000) square feet of retail and office uses are allowed. As mentioned previously a component of the amendment request is to reduce the permitted commercial square footage from two hundred thousand (200,000) to one hundred and sixty thousand (160,000). The PUD document indicates up to fifty thousand PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27, 2007 BCC Page 5 of 8 Agenda Item No. 17C February 27, 2007 Page 6 of 221 (50,000) square feet of office space may be converted from the total two hundred thousand (200,000) square feet of retail space. During the Collier County Planning Commission (CCPC) hearing a discussion was held about the limitation of office space within the CPUD document. The applicant suggested that current market demands in this area indicate that medical office space is needed and the applicant would like to have the option to provide the office space if in fact the market deems it necessary. LEGAL CONSIDERATIONS: This is an amendment to an existing Planned Unit Development Zoning District - Hammock Park Commerce Centre PUD. The PUD had sunsetted and the Board of County Commissioners (BCC), directed that an amended PUD Ordinance be brought back to it for consideration of the amendments. The BCC hearing on the amendments is quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed amendments are consistent with the applicable criteria set forth below, The burden then shifts to the BCC, should it consider voting against the amendments, to show that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposed amendment or amendments does/do not meet one or more of the applicable criteria from the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1, Consider: 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. Is there an adequacy of evidence of unified control and suitability of 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 'vvith the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: 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, Is there an adequacy of usable open space areas in existence and as proposed to serve the development? PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27,2007 BCC Page 6 of 8 Agenda Item No. 17C February 27, 2007 Page 7 of 221 6, Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10, Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13, Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary, 14, Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16, Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? .,- 20, Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27,2007 BCC Page 7 of 8 Agenda Item No, 17C February 27,2007 Page 8 of 221 21. Are there substantial reasons why the property carinot ("reasonably") be used in accordance with existing zoning? (a "core" question.,,) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use, 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone 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, 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The PUD through the sunset process was found to no longer be consistent with Policies 5.1 and 5,2 of the Transportation Element of the Growth Management Plan. The reduction in commercial intensity from 200,000 square feet to 160,000 square feet together with the developer commitments set forth in the companion Developer Contribution Agreement purport to render this project consistent with the above referenced GMP policies, (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve petition PUDA-2006-AR- 10030 Hammock Park Commerce Centre PUD subject to the recommendations made by the Collier County Planning Commission. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review <".-... PUDA-2006-AR-10030 Hammock Park Commerce Centre February 27,2007 BCC Page 8 of 8 Item Number: Item Summary: Meeting Date: Agenda Item No, 17e February 27, 2007 Page 9 of 221 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition. PUDA-2006-AR-10030 Sembier Famiiy Partnership #42, L TD, represented by Bob Muthere. Of RWA. Inc" requesting a PUD Amendment to reflect the current LDC sectIons which was recodified In 2004 in the Hammock Park Commerce Centre PUO Document. Ttle subject property is 20.23 acres, and IS located on the Northeast corner of the Intersection of CR 951 and Rattlesnake Hammock Road In Section 14. Township 50 South, Range 26 East Collier County, Flonda, This IS a compamon item to 1689 2/27/20079:0000 AM Date Prepared By Melissa Zone Community Development & Environmental Serv-ices Principal Planner Zoning & Land Development Review 2113120074:56:17 PM Date Approved By Susan Murray, Alep Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 2/14/20074:09 PM Norm E, Feder, AICP Date Approved By Transportation Services Transportation Division Administrator Transportation Services Admin. 2116/2007 1: 30 PM Approved By Marjorie M. Student-Stirling Assistant County Attorney 2116/20074:01 PM Date Approved By County Attorney County Attorney Office Marlene Stewart Date Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2116/20075:00 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 2/17/20076:55 AM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2/2012007 1 :46 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 212012007 1 :46 PM Date Approved By OMB Coordinator County Manager's Office Administrative AssIstant Office of Management & Budget 2/20/2007 1: 50 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 2/20/2007 4:01 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20120077:38 PM Agenda Item No. 17C February 27, 2007 Page 10 of 221 Co~T County ~~ - SUPPLEMENTAL STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: January 18, 2007 SUBJECT: PETITION: PUDA-2006-AR-10030, HAMMOCK PARK COMMERCE CENTRE CPUD OWNER: Semb1er Family Partnership # 42, Ltd. C/O Joseph A. Filippelli 5858 Central Avenue Saint Petersburg, FL 33707 AGENTS: RW A, Inc. Robert Mulhere 6610 Willow Park Drive, Suite 200 Naples, FL 34109 R. Bruce Anderson, Esquire 850 Park Shore Drive Trianon Center, 3rd Floor Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting an amendment to reflect the current Land Development Code (LDC) sections which were re-codified in 2004, as well as, amend the Planned Unit Development (PUD) Document to adjust project's commercial intensity, as a result become consistent with policy 5.1 and 5.2 of the Transportation Element of the Growth Management Plan (GMP). UPDATE: The Collier County Planning Commission (CCPC) was schedule to hear this petition on December 21, 2006; however, a recommendation by the Chairman of the CCPC was to continue this petition hearing to resolve outstanding issues the CCPC members had with the submission of the PUD document. BACKGROUND AND DESCRIPTION OF NEW SUBMITTAL: PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD January 18, 2007 CCPC Page 1 of3 Agenda Item No. 17C February 27, 2007 Page 11 of 221 The agent for the applicant was directed by the CCPC to correct the PUD document that was submitted with the amendment application to reflect the original Hammock Park Commerce Centre PUD (Ord 2000-79). The agent supplied staff with an accurate document which reflects what was approved by the Board of County Commissioners (BCC) on November 28, 2000. The strike-through and underline version removes old references to Land Development Code (LDC) sections and replaces them with current language as well as remove the redundant language that mirrored the old LDC regulations. The strike-through and underline version also decreases the project's permitted commercial square footage from two hundred thousand (200,000) to one hundred and sixty thousand (160,000). The decrease of commercial square footage brings Hammock Park Commerce Centre CPUD into consistency with policy 5.1 and 5.2 of the Transportation Element of the Growth Management Plan (GMP). The agent was also instructed to supply staff with the most current draft Developer Contribution Agreement (DCA). When staff questioned the applicants legal counsel why it was not part of the submittal the attorney informed staff that the DCA is still in the design phase and did not want to rush into a legal agreement that is not comprehensive nor finalized by the applicant, County Attorney's office and Transportation Service Division. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD to the Board of County Commissioners. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" - Strike-through and underline version of Hammock Park Commerce Centre PUD Exhibit "B" - Updated version of the Hammock Park Commerce Centre CPUD PREPARED BY: PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD January 18, 2007 CCPC Page 2 of3 Agenda Item No. 17C February 27,2007 Page 12 of 221 MELISSA ZONE, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, 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 February 13, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD January 18, 2007 CCPC Page 3 of3 Agenda Item No, 17C February 27, 2007 Page 13 of 221 Co~T Cou.nty ~~ ~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 21,2006 SUBJECT: PETITION: PUDA-2006-AR-10030, HAMMOCK PARK COMMERCE CENTRE CPUD OWNER: Sembler Family Partnership # 42, Ltd. CIO Joseph A. Filippelli 5858 Central Avenue Saint Petersburg, FL 33707 AGENTS: RW A, Inc. Robert Mulhere 6610 Willow Park Drive, Suite 200 Naples, FL 34109 R. Bruce Anderson, Esquire 850 Park Shore Drive Trianon Center, 3rd Floor Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting an amendment to reflect the current Land Development Code (LDC) sections which were re-codified in 2004, as well as, amend the Planned Unit Development (PUD) Document to adjust project's commercial intensity, as a result become consistent with policy 5.1 and 5.2 of the Transportation Element of the Growth Management Plan (GMP). GEOGRAPHIC LOCATION: The subject property is 20.23 acres, and is located on the Northeast comer of the intersection of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See attached location map on the following page) PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21, 2006 CCPC Page lof6 Agenda Item No. He February 27,2007 Page 14 of 221 To be switched out for Location Map PURPOSEIDESCRIPTION OF PROJECT: PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21, 2006 CCPC Page 2 of6 Agenda Item No. 17C February 27, 2007 Page 15 of 221 The applicant went before the Board of County Commissioners (BCC) on June 7, 2006 for a PUD Extension. At the hearing the BCC denied the extension request and directed the applicant to come back before the BCC with an amendment of the PUD Document. The proposed amendment intent is to remove the inconsistent language in the PUD Document as well as reduce the permitted commercial square footage from two hundred thousand (200,000) to one hundred and sixty thousand (160,000). This project is a 20.23:c acre project that was re-zoned from Agricultural (A) to PUD on November 28, 2000, by means of Ordinance Number 2000-79. The PUD is intended to accommodate different ranges of retail and office land uses as well as essential services and customary accessory uses. The proposed amendment will not change the commercial land use and therefore will remain consistent with the GMP and LDC. SURROUNDING LAND USE AND ZONING: Subject Parcel: Hammock Park Commerce Centre, zoned PUD Surrounding- North: Vacant, zoned Agriculture (A) South: Vacant, zoned Agriculture (A) and Rattlesnake-Hammock Road (CR-864) Right-of-Way East: Vacant, zoned Agriculture (A) West: Naples Lakes Country Club, zoned PUD and Collier Boulevard (CR-951) Right-of- Way ,-'" I LEL Y RESORT .~~ GROWTH MANAGEMENT PLAN CONSISTENCY: PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21, 2006 CCPC Page 3 of6 Agenda Item No. 17C February 27,2007 Page 16 of 221 The subject property is designated Urban, Urban Commercial District, Mixed Use Activity Center Subdistrict, as identified on the Future Land Use Map of the GMP. Relevant to this petition, the Activity Center designation allows the full array of commercial uses, The existing PUD was approved in 2000 and amended to correct a scrivener's error in 2004, There have been no amendments to the Future Land Use Element (FLUE) since that time so as to affect the uses or intensities approved in this PUD. Based on the above analysis, the proposed amendment may be deemed consistent with the FLU E of the GMP, Transportation Element: Transportation Staff has reviewed the amendment application and has found it consistent with the Transportation Element of the GMP. 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 LDC 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 Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards and has been incorporated within the CPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC reviewed this petition on November 1, 2006 and recommend approval with staff recommendations. The motion carried unanimously 8-0. 1. The applicant will conduct additional ground water testing on the site in order to determine the presence or lack thereof petroleum related pollutants and will provide the results of such testing to County Environmental staff prior to Site Development Plan approval. 2, In designing the site, the applicant shall, where feasible, minimize the overall amount of paved impervious surfaces. Utility Issues: The Utilities Department staff has reviewed the petition and has no objection to this petition. The CPUD Amendment does not impact the utilities provision; no additional utilities are required or proposed. Zoning and Land Development Review Analysis: The proposed amendment to CPUD is consistent with the GMP and LDC and since the surrounding property is zoned for residential and commercial land uses the Hammock Park CPUD is also in harmony with the land uses, Based on staffs review of the adjacent existing and anticipated land uses, the proposed CPUD is compatible. PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21, 2006 CCPC Page 4 of 6 Agenda Item No, 17C February 27, 2007 Page 17 of 221 During the review of the first development order staff will evaluate the appropriateness of the requested uses and densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allow 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 and traffic generation. NEIGHBORHOOD INFORMATION MEETING: The applicant's team held the required NIM on Monday, August 28, 2006 at 6:00 p.m, at the East Naples Library. Fourteen people attended, including county staff and consultants for the petitioner. No one expressed an objection to the proposed rezone or development. When neighborhood residents questioned the types of land uses for the planned commercial project, Sembler Company representatives stated the land uses will be market driven and that if the market demanded medical offices then it would be part of the second phase of the project as long as the land use was based upon the Level of Service (LOS) for Collier Blvd. One suggestion from a representative of the East Naples Civic Association was that the medical office land use should be considered in the first phase of construction. Agents for the applicant also informed the residents that the required jurisdictional permits are still pending. RECOMMENDA TION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD to the Board of County Commissioners. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21,2006 CCPC Page 5 of6 Agenda Item No. 17C February 27, 2007 Page 18 of 221 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M, ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT Al\JD ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the February 13, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDA-2006-AR-10030 Hammock Park Commerce Centre CPUD December 21,2006 CCPC Page 60f6 Exhibit A Agenda Item No, 17C February 27,2007 Page 19 of 221 REZONE FINDINGS PETITION PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Chapter IO,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 amendment is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP), Con: None Findings: Based on the staff's review the amendment would be in compliance with the FLUE of the GMP and the Land Development Code (LDC). Since the current CPUD is amending the intensity of the permitted retail and commercial units the goals and objective of the GMP will remain. 2. The existing land use pattern; Pro: This project is adjacent to Heavy Commercial District (C-5); the permitted lower commercial land use in the CPUD will be consistent with the existing and proposed land use patterns as explained in the staff report. Con: The adjacent properties to the south and east are zoned Agriculture (A) and the property adjacent to the west is zoned Naples Lakes Country Club PUD a residential land use, Findings: The decrease of intensity of retail and commercial units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements and is consistent with the existing and future land use pattern in the area, 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located within an Activity Center and is located within a close proximity of other approved commercial zoned properties, Con: None Findings: The proposed amendment is of sufficient size and is adjacent to commercially zoned properties; therefore, this CPUD will not create an isolated district. By virtue of its location within the Urban, Urban Commercial District, Mixed-Use Activity Center PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Page 1 of 5 Agenda Item No. 17C February 27,2007 Subdistrict on the Future Land Use Map (FLUM) this CPUD is deemed consi~~f'Whl1f 221 the GMP and LDC. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The requested action will not change the subject site in relation to the nearby property boundaries. Con: None Findings: The CPUD boundaries are logically drawn and they are consistent with the Mixed-Use Activity Center Subdistrict, as identified on the FLUM 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 is decreasing its retail and commercial units to comply with Policy 5.1 and 5.2 of the Transportation Element which will make the CPUD consistent with the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezone amendment should not adversely influence living conditions in the neighborhood as the petition is consistent with existing uses and compatible with surrounding land use. Con: Once the retail and commercial units are built it could cause an increase in noise and traffic impacts on the nearby residences. However, due to the relative small size of the site and the proposed preserve and buffer areas and the decrease of commercial intensity, the proposed amendment should not adversely impact the adjacent properties. Findings: The proposed amendment has not changed its permitted land use and has been properly publicize to ensure the surrounding neighbors will be assured that the least amount of adverse impact on the adjacent developments have been addressed. In addition, 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 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. PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Page 2 of 5 Agenda Item No. 17C February 27, 2007 Pro: The rezoning should not create excessive traffic congestion or otherw~ram~f 221 public safety as the GMP requires adequate access to and from the project and the effect on pedestrian and vehicular circulation and safety. Since the property fronts on a public road it provides an immediate access to the arterial road network. Con: Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the CPUD. Other projects dependent on the same street system may perceive this CPUD as one which will reduce their perceived comfort levels. Findings: The Transportation Services Division has reviewed the proposed CPUD to the concurrency management system and had the developer incorporate improvements to the county roads to retain consistency with Policy 5.1 of the Traffic Element of the GMP. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: Every project approved in Collier County involving the utilization of property for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a conditions of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards and regulations. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The CPUD conforms to the similar commercial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None Findings: All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts and this project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of underutilized land and the proposed amendment 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 commercial zoning designation PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Page 3 of 5 Agenda Item No. 17C February 27, 2007 should not affect value because similar commercial zomng IS permitteWam 2ih~f 221 surrounding area. 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: Land Use applications 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 amendment does not alter the permitted land uses which meet the terms of the land use designation of the Urban Commercial District, Mixed-Use Activity Center Subdistrict on the FLUM, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. \Vhether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed amendment confonns to the FLUE of the GMP because it will be used in accordance with the existing commercial zoning. Con: None Findings: The property can not be developed in accordance with the existing zoning because the CPUD has sunsetted, however to deny the petitioner of the opportunity to develop would result in a legal land use taking which is unconstitutional as well not consistent with the goals and objectives of the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed amendment meets all objective criteria set forth for commercial zoning and conforms to the purpose and intent of the GMP and all its elements. Con: None PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Page 4 of5 Agenda Item No. 17C February 27. 2007 Findings: The proposed amendment is designed in a manner that is compatlmlleWPtllf 221 surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The proposed CPUD is consistent with the FLUM because it is in the Urban Commercial District, Mixed-Use Activity Center Subdistrict. Con: None Findings: There are many sites which are zoned to accommodate the proposed commercial development. This is not the determining factor when evaluating the appropriateness of a development. 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. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of community. Con: None Findings: While site conditions may restrict the location and square-footage of the homes it would not render the property unusable. Physical alteration is a product of developing vacant land which cannot be avoided. 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 amendment meets all objective criteria set forth for commercial 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: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets the GMP established relationships. Staff has reviewed this petition and found it consistent with all Elements of the GMP. PUDA-2006-AR-I0030 Hammock Park Commerce Centre CPUD Page 5 of5 Agenda Item No. 17C February 27, 2007 Page 24 of 221 EXHIBIT "B" FINDINGS FOR pun PUDZ-A-2006-AR-I0030 Hammock Park CPUD 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. The Rattlesnake-Hammock Road (CR-864) and Collier Boulevard (CR-951) area is ideal for commercial environments within the urban district. Con: As with all land use actions that intensify urban development patterns, there is some loss of travel time for users of the same arterial road system. Findings: The proposed change keeps the land use of commercial while decreasing the intensity from 200,000 square feet to 160,000 square feet of allowable retail and commercial area. 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 will maintain common areas. Con: None Findings: Documents submitted with the application provide evidence of unified control. The CPUD 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: The propose amendment for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan (GMP). Con: None PUDA-2006-AR-10030 Hammock Park CPlJD December 21, 2006 CCPC Hearing Page 1 of3 Agenda Item No. 17C February 27, 2007 Page 25 of 221 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 by virtue that the property is designated Urban Commercial District, Mixed-Use Activity Center Subdistrict, as identified on the Future Land Use Map (FLUM). 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 CPUD has been designed to optimize internal land use relationship through the use of various forms of open space separation. Majority of the buffering requirements are regulated by the Land Development Code (LDq to assure harmonious relationships between projects. 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 open space was re-evaluated to assure that the project will be in harmony with the surrounding area. Con: None Findings: The amount of open space set aside is consistent with the provisions of the LDC and the GMP. 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 proposed CPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Con: None Findings: The adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. PUDA-2006-AR-10030 Hammock Park CPUD December 21, 2006 CCPC Hearing Page 2 of3 Agenda Item No. 17C February 27, 2007 Page 26 of 221 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add intensity to the CPUD 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. Findings: The developer was required to assist in roadway improvements and relative to the improvements; development of the subject property is timely, because supporting infrastructure is available. 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 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 proposed for the CPUD depart from development standards that would be required for the most similar zoning district. The CPUD development standards are similar to those commercial standards. PUDA-2006-AR-10030 Hammock Park CPUD December 21, 2006 CCPC Hearing Page 3 of3 ur--...- c-~ gj I..... .0 z "'-Nr--. 0 ,... N w- e 2:' (!) I-~ 2roOJ aio -::JCU < 9 0- ro'-o... < -0..0 <( e(!) (!)LL OJ ~ <{ ""'1<ISV3 ., ...d....ll.U ! C) z i - z C') IC'I I/) g ~ I: 0 . I I 0.. ; 0 0 0 ~ N 1'>'I<'r.l lVN>'O (11lI"l!':l) ClWA711lllll llmJOl) (lOI ""') _1I31IlOll W3IT1OO 0 C') ~ 1!l 0 ~I~ I 0 ~ ...... i I 0 m ~ ::I .. 0.. ~ ! < ~ i I Ul ~gS g 0 il! 0 3J.0>JXl N I < !1'I:lICIl..IllH / ~ 0 - ::I a.. :u: z 0 I- c=J I- ~ :!! r;; W a.. I! 0- Il i _ <( l!l ~ ~ ~ z ~~~ 0 NI! fl ili II I~N - 0 J- d <( -^,"""",IBTJOO U 0 " ~I l':i -l I .. " !l IS U COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTH HORS~itNJ\Jo. 17C NAPLES FLORIDA 341~~~ary'~7, 2007 , Page 28 of 221 (239) 403-2400 FAX (239) 643-6968 '>;,' .:'" ~!--"".,".. ;"t~~^~~itil~i~!~~~i~~ilji~~,:~!:::;"~'\ "--(:,:~':;::.;:;:"". .' ".-: .:;;:" -:,";; ~... ~c~::,:"C ~-'j:~:;,:~i-<.:<_~t~,- '-,:',; ,- PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ PUDA-2006-AR-I0030 PROJECT #19990016 DATE: 7/12/06 MELISSA ZONE ] Above to be completed by staff APPLlCANT(S) SEMBLER FAMILY PARTNERSHIP #42. L TO.. C/O JOSEPH A. FILIPPELLI ADDRESS 5858 CENTRAL AVE CITY ST. PETERSBURG STATE FLORIDA ZIP 33707 TELEPHONE # (727) 384-6000 CELL # FAX # (727) 347-0247 E-MAIL ADDRESS:JOE.FILlPPELlI@SEMBLER.COM Is the applicant the owner of the subject property? [8J Yes ONo o (a) If applicant is a land trust, so indicate and name beneficiaries below. o (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. [8J (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. D (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (see attached) (If space is inadequate, attach on separate page.) J AGENT. .INFORMA T.ION Agenda Item No. 17C February 27, 2007 P~gP ?O nf ?< j ..... .... I NAME OF AGENT BOB MUlHERE. RW A. INC. ADDRESS 6610 WILLOW PARK DRIVE. SUITE 200 CITY NAPLES STATE FLORIDA ZIP 34109 TELEPHONE # 1239} 597-0575 CELL.# FAX # (239l579-0578 E-MAIL ADDRESS:RJM@CONSUlT-RWA.COM NAME OF AGENT BRUCE ANDERSON. ESQUIRE. ADDRESS 850 PARK SHORE DRIVE. TRIANON CENTER. 3RD FLOOR CITY NAPLES STATE FLORIDA ZIP 341 03 TELEPHONE # 12391649-2708 CELL # FAX # (239) 261-3659 E-MAIL ADDRESS:BANDERSON@RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. I . PROPERTY INFORMATION PUD ORDINANCE NAME Hammock Park Commerce Centre PUD NUMBER: 2000-79 Detailed le!!'al description of the property covered bv the application: (If space is inadequate, aHach 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. Secti onlT own ship IRange Lot: Block: 14 I 50S I 26E Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: _(see attachedl Size of property: ft. X ft. = Total Sq. Ft. 881/144.5 Acres 20.23 Address/!!'eneraI location of subiect property: Northeast corner of the intersection of CR 951 and Rattlesnake Hammock Road 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, aHach on separate page). Sectio niT ownshi p IRange Lot: Plat Book Block: Page #: 14 I 50S I 26E Subdivision: Property I.D.#: (see attached) Metes & Bounds Description: DETAIL OF REQUEST TYPE OF AMENDMENT: [8J o A. PUD Document Language Amendment B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? [ZJ Yes 0 No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? [8J Yes 0 No IF SO, IN WHOSE NAME? Applicants PETITION #: PUDEX-2005-AR-8649 DATE: June 6.2006 HAS ANY PORTION OF THE PUD BEEN 0 SOLD and/or 0 DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes 0 No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). No Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately I ':.':--';. '. .. ;" " c. '~ ' '" .".. "n.;'.. -:..__ :,.;.' .C. .. " "', ',. ,_, ,:,'l ,,:, .1 . -'7'~:-o'"_""i ~;:(r;,}{': .:j,,:,::;,:;::~;:;;~~;~~~~::~q<'.; "',':-.,..,.,.,,,"<; Agenda Item No. 17C February 27,2007 Paqe 31 of 221 . '. .~':~~;:\:<\~'?~'~ F I ~~ V(:r:;'; ~':~:~.~~I'.;:;{;4 r~,: ::'~~;;~:~}:~;i!~~f.'.\~.~,;:::~~~"~t:t.. ":'1:';':'<:' ,,,.. .' ,I We/I, CRAIG H. SHER. President of Sembler Retail II. Inc.. General Partner of Sembler Family Partnership #42. Ltd.. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authorize Bob Mulhere and Dwi9ht Nadeau. RWA. Inc./Bruce Anderson. Esq.. Roetzel& Andress LPA to act as our/my representatives in any matters regarding this Petition. Signature of Property Owner Signature 0 Property Owner Craig H. S er, President of Sembler Retail II, Inc., General Partner of Sembler Family Partnership #42, Ltd. Craig H. Sher Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing ins'",,,,,!n' was acknowledged before me this ;), ,-C/... day of b ' 200~ by C-'Y-CL-L1 fl. SA,c."" who is personally known to me 0 as produced as identification. )t{, ~~ State of Florida 0 /I ^ County of EeUief" ~ l~~l:\\~f.~.. Sharon M. Vizandiou ~ !~ Commission # 00473101 o:;.'M' ~1i6 Expires Oetober 21, 2009 ,i1.~\' Bon~l~ TIt, ~II~' InlUrtnc'.lftk 'Q94..q~1 i PUD AMENDMENT/DO AMENDMENT APPLICATION REQUIREMENTS FOR PUBLIC HEARING Agenda Item No. 17C r:: hr., r,'" ') n Page 32 of 22 A pre-application conference is mandatory prior to submitting on application to amend 0 PUD or any Development Order. The petitioner sholl submit twenty (20) copies plus the original of application form and 011 supporting information must be submitted with the appropriate fee to begin processing. Additional copies may be requested depending upon distribution demands. The applicant and/or his designated representatives must be present at 011 public hearings and meetings relative to this petition. ALL EXHIBITS AND PLANS SUBMITTED MUST BE FOLDED OR REDUCED TO A SIZE TO FIT IN A LEGAL SIZE FOLDER. OVERSIZED EXHIBITS MAY BE USED AT THE PUBLIC HEARINGS, HOWEVER, THEY WILL BECOME A PERMANENT PART OF THE APPLICATION. ANY PLANS REFERENCED AS A LEGAL EXHIBIT SHALL BE REDUCED TO 8 V2 X 11' AND MADE A PART OF THE DEVELOPMENT ORDER. INFORMATION REQUIRED: *Electronic version of the PUD on a disk I. NEIGHBORHOOD INFORMATION MEETING (to be submitted after the first review comments are completed) A. Copy of Affidavit attesting that 011 property owners, civic associations, and property owner associations were notified. B. Copy of audio/video recording of public meeting. C. Written account of meeting. II. PUD DOCUMENT LANGUAGE AMENDMENT: A. Application for public hearing: 20 copies B. Detailed description of proposed language amendment(s) and why the amendment(s) is/ore necessary: 20 copies C. Portions of the PUD document dearly depicting the proposed changes by cross- through's and underlines: 20 copies D. PUD document os revised (consolidated version with amendments) Title Page sholl indicate the number of times the document has been revised by appropriate ordinance reference numbers. E. If portion of PUD, furnish legal description which is subject of this petition. F. One (1) copy (8 V2 x 11) Graphic location map of subject location for petition. m. DO AMENDMENT: Agenda Item No. 17C February 27, 2007 Page 33 of 221 A. Application for Public Hearing: 20 copies B. Detailed description of proposed language amendment(s) and why the amendment(s) is/are necessary: 20 copies C. Portions of the DO document clearly depicting the proposed changes by cross-throughs and underlines: 20 copies D. One (1 ) copy (8 V2 x 11) Graphic location map of subject location for petition. IV. SUPPORTING DOCUMENTATION: A. Depending upon the magnitude of the proposed revisions an applicant may be required to supplement a petition for amendment with supporting documentation and studies such as those required for a rezoning (i.e. Environmental Impacts, Traffic Impacts, Water Management Impacts and similar impacts upon the property that would result from the proposed revision. B. Information which describes the physical and natural conditions of the site. C. Information as required by the Land Development Code and the Growth Management Plan. D. Electronic copy of all documents and plans PUD Amendment Checklist rev. 1/05/05 Folio No.1I 00416760002 M<m - Current Ownership Property Addressll8536 COLLIER BLVD Agenda Item NcP~ 1 of 1 February 27,2007 Page 34 of 221 Details. .....-- ~-_..:../" Owner Namell 5EMBLER-RATTLE5NAKE LLC Addressesll5858 CENTRAL AVE City" 5T PETERSBURG Statell FL zipl133707 - 0000 legal 145026 N1/2 OF 51/2 OF SW1/4 OF 5W1/4, W 80 FT OF I 5112 OF SE1/4 OF SW1/4 LESS RW OR 1573 PG 355 'For more than four Jines of legal Description please call the Property Appraiser's Office. I I I I Section Township Range Acres II Map No. 14 50 26 10,4 II 5B14 Sub No. 100 II ACREAGE HEADER II -'{lJ Millage Area Jfl Use Code 10 II VACANT COMMERCIAL II 39 Strap No. 502614005.0015814 "t~ 12.7013 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I land Value II $ 2,265,145.00 I (+) Improved Value II $ 0.00 I (=) Market Value II $ 2,265,145.00 I (-) SOH Exempt Value " $ 0.00 I (=) Assessed Value II $ 2,265,145.00 j (-) Homestead and other Exempt Value II $ 0,00 I (=) Taxable Value II $ 2,265,145.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page Amount 03 1 2006 ~t56_3 I $ 6.00 I 09 1 2005 ~Ji~ $ 107,700,000,r 09 1 2004: 3639 - 2301 $ 4,600,000, 11/1990 .1573 ~.355 I $ 1,325,000.00 I -- The Information is Updated Weekly. http://www.collierappraiser.com/Record Oetail.asp? Folio I 0=0000000416760002 6/22/2006 Details. Folio No.11 00416720000 MID2 I11III Current Ownership Property Addressll NO SITE ADDRESS Paoe 1 of 1 Agenda Item No. 17C February 27,2007 Page 35 of 221 . Owner Namel SEMBLER-RATTLESNAKE LLC Addressesl 5858 CENTRAL AVE Cityll 5T PETERSBURG Statell FL zipll33707 - 0000 Legal 11450265112 OF S1/2 OF I SW1/4 OF SW1/4 AND N30FT OF N1f2 OF NW1/4 OF NW1f4 OF SEC 23 TWP50 RNG26 LESS RIW *For more than four lines of Legal Description please call the Property Appraiser's Office. Section II Township Range 14 I 50 26 Sub No. II 100 I ACREAGE HEADER JO Use Code II 10 I VACANT COMMERCIAL Acres 9,63 Map No. 5B14 Strap No. 502614005.0005B14 ..re Millaae Area 39 "'el ~ 12.7013 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value J: $ 2,012,472.00 I I (+) Improved Value $ 0.00 Latest Sales History [_ (=) Market Value $ 2,012,472.00 .OH Exempt Value $ 0.00 (=) Assessed Value $ 2.012,472.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 2,012.472.00 I Date I Book - Page Amount I 03 I 2006 I 4D..o:L:.1~63. $ 0.00 I 09 1 2005 3895 - 868 $ 107,700,000,00 I 09 1 2004 3639 - 2301 $ 4,600,000.00 I 07 I 2002 I 3Q74.:A7:Jl I $ 0,00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.com/RecordDeta il.asp? Folio I D=0000000416720000 6/22/2006 .. J . 3805228 OR:A4~~1~~/~fi DCOROID in OPFICIAL DCOROS ofFCOWft3COvm; lL 03/21/2006 at 01:22'1 DWIGHT I. BROCI, CLIII DC 'II 52.50 nOC-.70 .70 RetJI: RUDIR leCLOSIT IT At 5150 I TAlIAlI TR '502 lULlS lL 34103 This instnJment prepared by and return to: Christina M, Breiner, Esq. Ruden McClosky 150 Second Avenue North, 17th Floor St. Petersburg, FL 33733 This Indenture mad thi n TOLL-RATTLESNAKE, LLC, a Florida limited liab lity ddress 28341 Tamiami Trail, Suite 4, Bonita Springs, ori a ESNAKE, LL4 a Florida limited liability company (tl Ets 5858 Central Avenue. S1. Petersburg, Florida 33707. ~ S WITNESSETH, that t 1':- ~ ation of the sum ofTen Dollars (SI0.00) in hand paid by the s . eof is hereby acknowledged. has remised, released and quitclaimed, Rcliii es remise, release and quitclaim unto the said Grantee all the right, title, intere emand which the said Grantor has in and to the lot, piece or parcel of land, situate lying and being in the County of Collier, State of Florida, described in Exhibit" A " attached hereto and made a part hereof (the "Property"). TO HA VB AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the said Grantee. STP:630918:1 PUDA-2006-AR-lOO30 PROJECT #19990016 DATE: 7/12/06 MELISSA ZONE OR: 4e.o~~m1r<<47C ~e~~~ry.~rviib07 Page 37 of 221 This Quit Claim Deed maybe executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. Signed, sealed and delivered in the presence of: GRANTOR: TOLL-RATTLESNAKE, LLC, a Florida limited liability company By: Sembler Family Partnership # 42, Ltd., a Florida limited partnership, its Manger By: Partnership, a Florida , its Manager Corp., a Florida corporation, era! Partner By: Name: Title: Print Name: Print Name: STP:630434:1 OR: 4Q~dBG~m15:657C February 27,2007 Page 38 of 221 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ZO day of March. 2006. by Craig H. Sher. President of Sembler Retail n. Inc.. a Florida corporation, the general partner of Sembler Family Partnership #42, Ltd.. a Florida limited partnership. the Manager of TOLL- RATTLESNAKE. LLC, a Florida limited liability company. on behalf of such entities. who is either {CHECK WHERE APPLICABLE/ J personally known to me. or _ has produced a driver's license as identification. ~~cJ-~ Print Name: Jilna Patel NOTARY PUBLIC My Commission Expires: () {I .20' UJ'JIC1- STATE OF FLORIDA COUNTY OF 's day of March. 2006. by o .. a Florida corporation, the !e4 partnership. the Manager of , on behalf of such entities. known to me. or _ has . general partner of Toll FL V tJr. TOLL-RATTLESNAKE. L \~ who is either {CHECK produced a (Notarial Seal) STP:630434:1 OR: 46'edb~!l1~ l;9~~ Page 39 of 221 This Quit Claim Deed may be exealted in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. Signed. sealed and delivered in the presence of GRANTOR: TOLL-RATTLESNAKE. LLC. a Florida limited liability company By: Sembler Family Partnership # 42, Ltd., a Florida limited partnership, its Manger By: Sher, President Corp., a Florida corporation, STP:630918: 1 OR: 46~dp@~m~i7C Vf~tiruary ~t'2b07 Page 40 of 221 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ....:....- day of March, 2006, by Craig H. Sher, President of Sembler Retail II, Inc., a Florida corporation, the general partner of Sembler Family Partnership #42, Ltd., a Florida limited partnership, the Manager of TOLL- RATTLESNAKE, LLC, a Florida limited liability company, on behalf of such entities, who is either {CHECK WHERE APPLICABLE] _ personally known to me, or _ has produced a driver's license as identification, (N otariaI Seal) Print Name: NOTARY PUBLIC My Commission Expires: STATE OF FLORIDA COUNTY OF -e e :r-- ':10 day ofMaich, 2006. by ., a Florida corporation, the partnership, the Manager of y, on'.behalr.o~~Ch entities, ly known to me:' or _ has The foregoing inst 'K t!_\\....: '-\",ql' ~ , general partner of Toll FL TOLL-RATTLESNAKE. who is either {CHECK produced a I"'~}:{!=:~,;, lHEAESA A- i': .;:'~ ~.\ MY COMMISSION' DO 302135 , '\:';;,{~)~J EXPIRES: March 22, 2006 (Notarial Seal r.;.:.~..::::" 'lorldedTl'ru-'~~ STP;63091B:1 . , *** OR: 4&e~d;(bm1~R7<ttt ~e6ruary ~-r'~07 Page 41 of 221 EXHIBIT A LEGAL DESCRIPTION The S 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. less the West 100 feet; AND TheN 1/2 of the S 1/2 of the SW 114 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. less the west 100 feet; AND The Westerly 80 feet of the S 1/2 of the SE 1/4 of the SW If. of Section 14, Township 50 South. Range 26 East, Collier County, Florida; AND o South, Range 26 East, Collier The S 1/2 of the SE 114 of the S County, Florida, less the West y AND The North 30 feet of that c t" The N 112 of the NW 1/4 0 Collier County, Florida, less th p 50 South, Range 26 East, STP:630434:1 ~ att ~~f,,!Iot+, t .:-~ 'i."~. ~'.~ .j._.,~,. 4--1b. a ~: ." ..' .. '-~:~' "..- '..... ~Ji'-"l\!p._-:~J?:-:~~~JI'.>lwJ'..~p."\~,~\!Jo",\!Jv,,~I".-:~;< .(e!.{E;)jE};;~h.S;j?)/;;E,.,,~..e.-:~"'(~'~ '\1"-1r.\1'..i(.\~.-11'1~'-1I'\\.'-1t' "'''-1I'\~''''I'Il>.:lf\~'''t 'l~'''t .\~:ifil,:> ~~~. ~.~ .(fiI" ~~,- ~.~ /ri\\- "'~" ~OO'~ ~.,.. .'So.7 ~.~ 1fi1~ '~\!l7- ~.~ (@) ~.~ :rOO~ e.. Age_nda Item ~o. 17C B Ir.purtmrnt nfetstt I certify the attached is a true and correct copy of the Articles of Merger, filed on March 27, 2006, for SEMBLER FAMILY PARTNERSHIP #42, LTD., the surviving Florida entity, as shown by the records of this office. Retn: RUDBH HCCLOsn IT AL 5150 I T!KlAlI TR '502 MAPLIS rL 34103 3813413 OR: 4010 PG: 2370 RECORDID in the O'UCIAL RECORDS of COLLIBR coum, 1L 04/04/2006 at 12:10PK DWIGHT I. BROCI, CLKRl The document number of this entity is A05000001736. DC I'll 27.00 CR2E022 (01-06) !\, ~ e).~ ;ffi,\" -~~~ .~ ~@> ~.~ (00) ~.~ (@; ~,~ ~OO) ~.~ ",Tt\';o. ~~~ ~.~ .;iri\", ~w~ ~rt~ ;rilit: ~.~ (Ii)" ~W' ~.~ ((f)). ~.r. ((j)} ~.~ ;;~); ~rn'~ -1'" .~ . /I' ~..m'~ ." . " ~.lt ~.~ "'~\" ~~)j>. ~.~ /it'\',:> ....;,\.1~ ~y~ ...1i\... Wl<"'~;""'W;"-':'\!l/-"~o''';'~;''-''~;'';''l!l'':'''W/''W/\..\!Jo''''~''~;'':'';'\!V\..\!2'',"\~C'!,,!p",-':'\.'l<"~J"''';'~I;''';'\'l;'''';'l'!P--':'Wj 'S.SS'S'S'S'SS'S'S'E)'SS'S'EA,~)'SY~.:h~3e~sc..S'~ r.'i:-..(ft\1o...(ft\v.:Tt\.,."(fiI~.((i \.,.--:r.~:o1r.'il':-1r.'i:-.r?i'i~...((ih..(r.\.....(fi\.,...r.\."Ai\....ili\l>."'r.\:..~r. I...."r. \~...r. IV"" \......r. \,:,>;,1i\". Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-eighth day of March, 2006 5~ M. Ce~.\, cSue2JlIL mohh J61!creta:l11 nf J6bt:t2 Agenda Item No. 17C OR: 4010 PG~b~~1JJ ;}gg; ~ -:.:~ vI') "8- ~\~ ~ ~~ ~ ~~ 1'-' -p: ;::- .-\ cP-:-, (..o-::t.. _ ~ ~ .. ~~\ -.-- The undersign~ limited liability company and limited partnership have adopted th~le~ .Merger as of this ~ day of March 2006, pW'SU8Ilt to the provisions of Chapter LoS of~~ori~ Statutes; .' . '6.;t'\ ARTICLES OF MERGER OF SEMBLER-RAITLESNAKE, LLC WITH AND INTO SEMBLER FAMILY PARTNERSHIP #42, LTD. ,,"\\ ~ \ f\\ ~ o y' ARTICLE 1. Plan of Merger. The plan of merger adopted by each of the undersigned limited liability. company and limited partnership (the "Plan of Merger'') and the effective date of the merger of such entities are as fonows: Section 1. Mer2'er With Affiliated Entitv. Sembler-RattIesnake, LLC, a Florida limited liability company ("Rattlesnake''), shall merge with and into Sembler Family Partnership #42, J..td., a Florida limited partnership ("Sembler"), pursuant to an Agreement and Plan of Merger, dated this ~+t(ky of March 2006, in order to achieve the efficiencies and economies of a mon:: simplified company structure. Section 2. The Meqter. In accordance with provisions of the Florida Limited Liability Act and the Florida Limited Partnership Act (together, the "Florida Acts"), Rattlesnake shall merge into Sembler (the "Merger"). Thereupon, the. separate existence of Rattlesnake as a limited liability company shall cease; Sembler shall be the surviving entity in the Merger; and Sembler shall continue its existence.as a limited partnership under the laws of the State of Florida. As a result of the Merger, Sembler shall succeed to and shall assume all of the assets and liabilities of Rattlesnake, and Sembler shall continue all of the activities of Rattlesnake, including the performance of all agreements and other contracts of Rattlesnake. Section 3. General Partner. Upon merger, Sembler Retail IT, Inc. shall remam the Sole General Partner ofSembler. Section 4. Address. Sembler shall continue to maintain its office at 5858 Central Avenue, Florida 33707. Section 5. Articles ofMer2er. Sembler, as the surviving entity in the Merger, shall file these Articles of Merger, describing the transactions as specified by Section 2 above, with the Florida Department of State. Such Articles of Merger shall be deemed to contain the provisions required by the Florida Acts as necessmyto affect this Merger and the intent of the parties and shall be executed by Sembler and Rattlesnake and shall be effective upon filing with the Florida Department of State. ARTICLE 2. . AdoptiOD and Approval by the Sole Member of Rattlesnake aDd Sole GeDeral Partner of Sembler. The Plan of Merger was adopted and approved by both Rattlesnake, by its Sole Member and Manager, and Sembler, by its Sole General Partner, pursuant to signed written consents, executed by Craig H. Sher, as President ofSembler Retail II, Inc., a Florida corporation, as Sole General Partner ofSembler, and executed by craig H. Sher, as President of Sembler Retail IT, Inc., a Florida corporation, as General Pariner of Sembler STP:630919".2 .. *** OR: 4010A~~~rt~~~~9 Page 44 of 221 Family Par1nership #42, Ltd., a Florida limited partnership, as Sole Manager and Member ofRattlesnake, dated this day of March, 2006. This action by both such entities is sufficient for the adoption and approval of the Plan of Merger and these Articles of Merger. ARTICLE 3. Effective Date of Merger. These Articles of Merger and the Merger described herein are effective upon the filing hereofwith the Florida Department of State. IN WITNESS WHEREOF, the undersigned limited liability company and limited partnership have executed these Articles of Merger as of the date first set forth above. Sembler-RattJesnake, LLC Sembler Family Partnership # 42, Ltd. By: Sembler Limited Partnership #42, Ltd a Florida Limited Par1nership, as Sole Member and Sole Manager By: Sembler Retail n, Inc., a Florida cmporation, as Sole General Par1ner By: Sembler Retail n, Inc., a a Florida corp<] tion, as Sole General P SlP:630919:2 2 Agenda Item No. 17C February 27, 2007 Page 45 of 221 SUBJECT PROPERTY LEGAL DESCRIPTION: The S 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100.00 feet. The N 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet; And the westerly 80 feet of the S 1/2 of the SE 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Agenda Item No. 17C February 27,2007 Page 46 of 221 CONTIGUOUS PROPERTY Adjacent Properties owned by applicant LEGAL DESCRIPTION: The North 30.00 feet of the N 1/2 of the NW 1/4 of the NW 1/4, of Section 23, Township 50 South, Range 26 East, Collier County, Florida less the west 100.00 feet. LEGAL DESCRIPTION: The S 1/2 of the SE 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 80 feet. Agenda Item No, 17C February 27,2007 Page 47 of 221 LOAN FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE B Policy Number: 72002-5721 This policy does not insure against loss or damage (and the Company wUI not pay costs, attorneys' fees or expenses) which arisa by reason af: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate ~rvey and inspection of the premises. 3. EaS8me~ or claims of easements not shown by the public: records. 4. Any Den. or right to a Den, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the pubBc records. 5. Taxes or special assessment which are not shown as existing liens by the pubnc records. Special Exceptions: The mortgage. if any. referred to g, Item 4 of Schedule A, if this schedule Is attached to an Owner's Policy. 6. Any claJm that any portion of said lands are sovereign lands of the State of Florida, Includlng submerged, fiDed or artillclally exposed lands accreted to such lands. 7. Taxes and assessments for the year 2006 and subsequent tax years nt)t yet due.and payable. 8. ~-or-Way Agreement in favor of FIo~a Power & Ught Company, a Florida Ctlrporation, recorded in Official Records Book 850. page 916; ,as affected by Access Easements recorded in ~ Records Book 3050, page 3433 and Official Records Book 3129, page 2252: and also affected by Right-of-Way Consent Agreement or which a Memorandum of was r9Ctlrded in omelal Records Book 3857, page 1047, of the pubflC records or Colier County, AorIda. (as to Parcel 2 (15)) 9. Rigr-t-or-Way Agreement in favor of Florida Power & light Company, a F1or1i:1a corporation. recorded In OlrlCial Records Book 870, page 343; as affectad by Right-of-Way Consent Agreement or whiCh a Memorandum of was recorded In Official Recorsd Book 3857, page 1047, of the public records ofCoJlierCounty, Aonda. (as to Parcel ~ (lY)) 10. Perpetual easement and right-or-way for ingress and egress recorded in Official REilcords Book 882. page 1867. of !he public records of Colier County. Florida. (as to ParceJ 4 (29)) 11. Easement In favor of Comer County, Florida, for road rigJ1ts..of-way. utilities and drainage recorded in OfIlclal Reco(ds Book 981, page 292, of the public records of Comer County, Aorida. (as to Parcel 3 (25)) . 12. Easement in favor of Collier County. Aorlda, for road rights-of-way, utiJitiesand drainage recorded in Official Records Book 981. page 294, of the public records of CoDier County, Florida. (as to Parcel 1 (14)) 13. Easement In favor of Florida Power & Ught Company, a Florida corporation, recorded In OffIclaJ Records Book 1129. page 20; as affected by Right-of-Way Consent Agreement of which a Memorandum of was recorded in Official Records Book 3857. page 1047. oftha public records of CoOier County, FlorIda. (as to Parcel 2 (15)) NOTE: If !hIs schlldlile Is atl8chec:l to a loan PoIic:y.jurior and subordinate mat:ters. If:my. ani not 1'TIf)8Cl'ed hervin. NOTE: ThIs policy consists of imIirt plI9fl$ lilbelBcl Schedule A and B. This Polley Is of no force and effect unJess bolt1 pages are Included along with any added pages Jncarpcreted by reference. taMlBl ~SI Agenda Item No. 17C February 27, 2007 Page 48 of 221 LOAN FORM CHICAGO TiTlE INSURANCE COMPANY SCHEDULE B (continued) Policy Number: 72002-5721 14. Non-exctuslve easement for Ingress and egress, road right-of-way, utilities and drainage recorded in Official Records Book 1156, page 927, or the public records of Collier County, Florida. (as to Parcel 3(25)) 15. Easements for access and utilities as set forth in Order of Taking recorded in Official Records Book 3910, page 3745, ofllie public records of Collier County, Florida. (as to Parcels 1 (14),2 (15) and 4 (29)) NOTE: General Exceptions 1 through 5 and Special Exception Number 6 are hereby deleted. End of Schedule B Ruden, McClosky, Smith, Schuster & Russel, P.A. 150 - Second Avenue North. Suite 1700 Sl Petersburg, Florida 33701 '--- Authorized Signatory LOANBC 51ft SB Agenda Item No. 17C February 27,2007 Page 49 of 221 ORDINANCE NO. 07-_ 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 REGULA TIONS 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 PLANNED UNIT DEVELOPMENT "PUD" TO COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS HAMMOCK PARK COMMERCE CENTRE POO, FOR PROPERTY LOCATED ON THE NORTIillAST CORNER OF THE INTERSECTION OF CR 951 AND RA1"LESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHF 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FWRIDA, CONSISTING OF 20.23 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDlNANCE NUMBER 00-79, AS AMENDED, THE FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY PROVIDING AN EFl<'ECTlVE DATE. WHEREAS, Robert Mulhere of RWA, Inc. and R. Bruce Anderson, Esq., of Roetze! & Andress representing the Sempler FamiJy Partnership Number 42, LTD, clo Joseph A Filippelli, 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 desclibed real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development "PUD" to Commercia! Planned Unit Development "CPUD" in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as desclibed in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 00-79. as amended, known as the Hammock Park Commerce Centre POO, adopted on November 28, 2000, by the Board of County Commissioners of Collier County, is hereby entirely repealed. SECTlON THREE: Page 10f2 Agenda Item No. 17C February 27,2007 Page 50 of 221 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 2007. A TrEST: DWIGlff E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency ~arjorie M. Student-Stirling - Assistant County Attorney PUD^-:WOO-AR-JOO3D1MZlsp Page 2 of2 Agenda Item No. 17C February 27, 2007 Page 51 of 221 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared by: D'XTA1NC. CONSULTING ~ ...., , .L .A. . Planning . Visualiz;ltion . Civil Engineering' Surveying & Mapping 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FLORIDA 34103 Date Approved by BCC: November 28,2000 Ordinance Number: 2000-79 Date Amendment Approved by BCC: Amendment Ordinance Number: Exhibit A C:\Documents and Settings\melissazone\Local Settings\Temporary Internet Files\OLK20D\Hammock Park CPUD 02-07 -07 (clean).doc TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development 2 SECTION III Community Commercial District 4 SECTION IV Preserve Area 11 SECTION V General Development Commitments 12 LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan Agenda Item No. 17C February 27, 2007 Page 52 of 221 C:\Documents and Settings\melissazone\Local Scuings\Temporary Internet Files\OLK20DlJ-lammock Park CrUD 02-07-07 (clean).doc Agenda Item No. 17C February 27,2007 Page 53 of 221 STATEMENT OF COMPLIANCE The development of approximately 20.23 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub-district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities requirements of the Collier County Land Development Code (LDC), as amended, as set forth in Policy 3.1 of the FLUE. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this CPUD. Hammock Park Commerce Centre CPUD Page 1 of 16 Agenda Item No. 17C February 27, 2007 Page 54 of 221 SECTION 1 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 name of Hammock Park Commerce Centre CPUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R.1573,Page355 The North one-half (NI/2) of the South one-half (SI/2) of the Southwest one-quarter (SWl/4) of the Southwest one-quarter (SWl/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S 1/2) of the Southeast one- quarter (SE1/4) of the Southwest one-quarter (SWl/4); Section l4, Township 50 South, Range 26 East, Collier County, Florida. O.R. 1708, Page 1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Sembler Family Partnership #42, Ltd. Hammock Park Commerce Centre CPUD Page 2 of16 Agenda Item No. 17C February 27,2007 Page 55 of 221 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The Subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map (FLUM). B. The property is currently vacant. The entire site has Hammock Park Commerce Centre PUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre CPUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre CPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Commercial Planned Unit Development Ordinance" Hammock Park Commerce Centre CPUD Page 3 of 16 Agenda Item No. 17C February 27,2007 Page 56 of 221 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, 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 Hammock Park Commerce Centre CPUD shall be in accordance with the contents of this Document, CPUD - Commercial Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of final local development order or 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. Hammock Park Commerce Centre CPUD Page 4 of 16 Agenda Item No. 17C February 27,2007 Page 57 of 221 2.4 LAND USE A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LOC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended. Hammock Park Commerce Centre CPUD Page 5 of 16 Agenda Item No. 17C February 27, 2007 Page 58 of 221 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master Plan as C, "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as C, "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B, The approximate acreage of the "Commercial" parcel is as follows: Parcel: Tract 1 Right-of-way outside of development area Total Acreage: 19.05:1: I, 1 8:1: 20,23:1: Use: Retail and Office Right-of-way Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, as amended, Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one hundred sixty thousand (l60,OOO) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. 3.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) Hammock Park Commerce Centre CPUD Page 6 of 16 Agenda Item No, 17C February 27, 2007 Page 59 of 221 2. Apparel and accessory stores (Groups 5611, 5621,5631,5641,5651,5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Auto and home supply stores (Group 5531) 5. Building construction - general contractors (groups 1521 -1542). 6. Building materials, hardware, garden supply (Groups 5231,5251,5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379,7384,7389) 8. Communications (Groups 4832,4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411,5421,5441,5451,5461,5499) 14. Funeral service and crematories (Group 7261) 15. Gaso line service stations (5541 subj ect to the provisions of the LDC) 16. General merchandise stores (Groups 5311,5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719,5722,5731,5734,5735,5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) Hammock Park Commerce Centre CPUD Page 7 of 16 Agenda Item No. 17C February 27, 2007 Page 60 of 221 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manger, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C,R. 951. 25, Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Non-depository credit institutions (Groups 6141, 6159, 6162,6163) 29. Offices (All Groups) 30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 31. Restaurants (All Groups) 32. Real estate (Groups 6531, 6541,6552) 33. Social services (Group 835l) 34. United States Postal Service (Group 4311) 35. Veterinarian's office (Group 0742, except no outside kenneling) 36. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.5 DEVELOPMENT STANDARDS Hammock Park Commerce Centre CPUD Page 8 of 16 Agenda Item No. 17C February 27,2007 Page 61 of 221 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be III accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback IS measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3, If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 1. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. Hammock Park Commerce Centre CPUD Page 9 of 16 Agenda Item No. 17C February 27, 2007 Page 62 of 221 1. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the County Manger, or his designee, as part of the approvalofan SDP. K. The FP &L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Harrunock Park Commerce Centre CPUD Page 10 af16 Agenda Item No. 17C February 27,2007 Page 63 of 221 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit "A", CPUD 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. 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. Permitted Principal Uses: I) Nature preserves. B. Accessory Uses: I) 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 permitting agencies. Hammock Park Commerce Centre CPUD Page 11 of16 Agenda Item No. 17C February 27,2007 Page 64 of 221 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor and assigns, shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns of the developer are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature, Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC, 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 sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. Hammock Park Commerce Centre CPUD Page 12 of 16 Agenda Item No. 17C February 27, 2007 Page 65 of 221 B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within 90 days of request for said payment by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrances prior to the issuance of a Certificate of Occupancy. C. The Project entry from CR 951 shall be located at the northwest corner of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. D. Following zoning approval, interconnections as shown on the Master Plan shall be designed and accommodated on the appropriate development order phase that may occur, or as directed by the Transportation Division. E. Site-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 or within 60 days of when requested by Collier County. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Hammock Park Commerce Centre CPUD Page 13 of 16 Agenda Item No. 17C February 27,2007 Page 66 of 221 G. 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, All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections 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 or property line. All such access issues shall be approved or denied during the review of any applications for development orders. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. H. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. 1. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended, Payment shall be required within 60 days of written request of Collier County, or prior to site development plan or plat approval, whichever is first. J. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location shall be determined during site development plan review, K. The developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road, The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of (1) first issuance of the first certificate of occupancy with respect to this Development, or (2) within 365 days of a written request from Collier County, The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and lion Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law, Hammock Park Commerce Centre CPUD Page 14 of 16 Agenda Item No. 17C February 27,2007 Page 67 of 221 L. The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four-lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. M. Should the developer permit a driveway on the Rattlesnake Hammock Road extension less than 600 feet from the intersection of Collier Boulevard, the County, at its sole discretion, may reduce the access point to a "right in" only if the County determines that the access point has an impact on health, safety, and welfare or traffic circulation. This reduction, if required, shall be at the developer's expense with no claim for damages to the County. 5.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. 5.7 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County ordinances in effect at the time [mal construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. 5.8 BUFFERS The Hammock Park Commerce Centre CPUD shall provide perimeter buffering consistent with the following table: Direction North: South: East: West: Adjacent Use Vacant Agriculturally zoned land Rattlesnake Hammock/Sports Park Rd. Vacant Agriculturally Zoned Land CR 951 and canal Buffer Type "A" "0" "A" "D" 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the 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 Hammock Park Commerce Centre CPUD Page 15 of 16 Agenda Item No. 17C February 27, 2007 Page 68 of 221 protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to fmal site plan/construction plan approval. C. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. D. An Environmental Impact Statement (ElS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this CPUD Document. E. All Category I invasive exotic plants, as defmed by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. Hammock Park Commerce Centre CPUD Page 16 of16 ( ) r--. ..- ---, N N ..... .0 Zr....OJ ,...Nc.o e 2:' (!) 2roOJ -::JCU ro'-o... -0..0 e(!) <l)LL OJ <{ I JI I; I II Ii Ii . I =1 ~II 1111I ~ i ( III I I : i i, L i I! !l~ ~!I ~i ii ~ ~ Ii. ! Ii ~ lii~!!! U Ii! ! Ii iid ~ ~ ~ Ii 'I"il ~I ~UI ~ ~ ~I~ II! i'i !llli i! III !iI I mlll' I 'I 'I ~ II I~.. ~i" ~ II ..... II II'"" i I .! i I!' i ! ~ Iii! i ~ ~ ~ III ~~~! ~!I U! ~ -I ~ II! ~i i~i~hl IBill i Ii! I lb i i . i i . i II i h ~~ ~l UUI !~I !~ i~ I ~ li!i,~~II!! !! i i !I ~ ! i {.. III1 ......4- ., , II I r b ~ n ~ i ~ ~:~E = I . ; ~~= ~ ~ ~ ~ ~ ~ il Ii i 5 I ~ ~ I I ~ ~ ~~ !~ = ~E: ~~ii =bil Us hE = = m!~ .: ... ..s ~ or!. I HH ~ ~ B I ~!n~ i~ - I II !; · n~u i I ~ I b ~b~'~~ & ~ . ,," F = a I 11 I ~:I~ ~ . ~ ~ 1 ~ ~.~~~ r. <5 ~]'!~ I ~ 13 ~~M I ~ fJ~~ , ...... ~ , - ii I ~ I I i < I I I ..,... .:l I -< -< ~ I ifl~ I t .t I I LU I , !\ I ... 51 II "Z. ~I ,...4- III I 4-\,) ~I ~ ....4- :1 "7 ;h~~, , I ~ 1 , j I h~;U pin I , , i I ; g I I ~ \ \- 2 I ~. III I ;.. I 4-1:) ~ I a ...J4..~ ..,~ , u . \- "Z.4- '4.\,) ......4- "7 -I . 18 : ,! I , I . I I I I I fp I I I I ~ E ~ t ~ t ~ ~ [l " !Xl 5 0 (f) ~ ::> ~ --' 1= ~ ~ u g x ~ ~ u " I- ~ ~ " ::> ~ ~ 0 i L[) u '" w ~ tii ~ Vi '" 0 "- ~ Agenda Item No, 17C February 27, 2007 Page 70 of 221 DEVELOPER AGREEMENT HAMMOCK PARK COMMERCE CENTRE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2007, by and between SEMBLER FAMILY PARTNERSHIP #42, L TD" hereinafter referred to as "Developer," whose address is 5858 Central Avenue, St. Petersburg, Florida 33707, 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. 200l-13, as amended. R E C I TAL S: WHEREAS, Developer has legal control over or is the owner of approximately 20,23 acres of land in unincorporated Collier County, Florida, zoned as the Hammock Park Commerce Centre Commercial Planned Unit Development (Development) on which Developer will construct and receive Certificates of Occupancy, in two (2) phases, of approximately Forty-Five Thousand (45,000) square feet of retail space on or after approval of an amendment to the PUD ("Phase 1") and an additional One Hundred and Fifteen Thousand (115,000) square feet ofretail space on or after substantial completion of the six (6) lane improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2"). A map depicting the Development, together with the legal description, is attached as Exhibit A; and WHEREAS, there is currently pending an application for Amendment of the PUD identified as AR -10030, which PUD Amendment was directed by the County to be filed by Resolution No. 06-l43; and WHEREAS, Developer is willing to convey to County without any impact fee credits, approximately two acres of land, as depicted and generally described in Exhibit B (the "Subject Parcel") for road right-of-way to be used by the County as part of the proposed extension of Rattlesnake Hammock Road. The final size and configuration of the Subject Parcel shall be determined upon completion of the final Phase 1 design; and WHEREAS, County desires to advance the widening of Davis Boulevard and Collier Boulevard north of its intersection with Davis Boulevard, but has a funding shortfall and Developer desires to assist the County in funding the referenced road improvements by pre- paying fifty percent (50%) of its transportation impact fees for all 160,000 square feet of retail and/or office uses authorized for the Development, which County will utilize for the Davis and Collier Boulevard improvements; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Development concurrent with when the impacts of the Development occur on the public facilities; and 517354 v _03 \ 111323.0003 Agenda Item No, 17C February 27,2007 Page 71 of 221 WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to Development; 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 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 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 shall convey marketable title to the Subject Parcel to the County in fee simple, made by executed Warranty Deed, suitable for recording, the general form of which is attached hereto as Exhibit "C", free and clear of all liens and encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and 1l on Page 2 of9 517354 v_03 \ 111323.0003 Agenda Item No. 17C February 27,2007 Page 72 of 221 Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. The Subject Parcel will be conveyed no later than the earlier of (I) first approval of the Phase I Certificate of Occupancy with respect to this Development, or (2) 365 days after the approval of the Agreement, with the executed Warranty Deed provided to the Office of the County Attorney. 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 S 1,000 per day for each day past the 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. 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, 4. 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 on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 5. Within 30 days after the expiration of all appeal periods for Developer's Amended CPUD Ordinance without an appeal filed, Developer shall prepay to County one-half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the Developer's Project to construct 160,000 square feet of retail space, as more particularly described in the PUD Document, 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 160,000 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 after payment and receipt of the Certificate. Page 3 of9 517354 v_03 \ 111323.0003 Agenda Item No. 17C February 27,2007 Page 73 of 221 6. Developer will receive Certificates of Occupancy in two (2) phases, of approximately Forty-five Thousand (45,000) square feet of retail space on or after approval of an amendment to the PUD ("Phase I"), and an additional One Hundred Fifteen Thousand (115,000) square feet ofretail space upon the substantial completion ofthe six (6) lane improvement of that portion of Collier Blvd. which is adjacent to the Development ("Phase 2"). 7. Not later than 90 days prior to the expiration of the three-year period for the Certificate, and following the completion of the Project to County standards, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to Fifty Percent (50%), based on the 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. 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 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 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. 8. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9, 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 Hammock Park Commerce Centre Planned Unit Development, 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. 10. 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. Page 4 of9 517354 y _03 \ 111323.0003 Agenda Item No. 17C February 27, 2007 Page 74 of 221 1l. 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. 12. 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 SEMBLER FAMILY PARTNERSHIP #42. LTD: 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 5858 Central Avenue St. Petersburg, FL 33707-1728 Attn: Craig Sher Phone: (727) 384-6000 Facsimile: (727) 347-0247 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. 13. 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. 14, 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. 15. 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 of the Development. 16, 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 Page 50f9 517354 v _03 \ 111323.0003 Agenda Item No. 17C February 27,2007 Page 75 of 221 failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 17. This Agreement is contingent on and shall not become effective until final approval ofPUD Amendment, Petition No. AR-10030 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed by a third party, then on written notice, either party may terminate this Agreement. During this contingency period and for 30 days thereafter, County shall reserve for the Development sufficient capacity on the County's transportation network for 160,000 square feet of retail commercial uses. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 6 of9 517354 v _03 \ 111323.0003 Agenda Item No. 17C February 27,2007 Page 76 of 221 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: , Deputy Clerk , Chairman AS TO DEVELOPER: Signed, sealed and delivered in the presence of: SEMBLER FAMILY PARTNERSHIP #42, LTD. By: Sembler Retail II, Inc., General Partner By: Signature Printed Name Signature Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, by , as of SEMBLER RETAIL II, Inc., General Partner of SEMBLER FAMILY PARTNERSHIP #42, LTD" who is personally known to me or has produced as identification. Notary Public Print Name: My Commission Expires: Page 7 of9 517354 v _03 \ ] 11323.0003 Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney 517354 v _03 \ 111323.0003 Agenda Item No. 17C February 27,2007 Page 77 of 221 Page 80f9 517354 v_03 \ 111323.0003 Exhibit A Exhibit B Exhibit C Agenda Item No. 17C February 27, 2007 Page 78 of 221 LIST OF EXHIBITS ATTACHED TO AGREEMENT Legal description and graphic rendering of the Development Description and Depiction of Subject Parcel Form of Warranty Deed Page 9 of9 Agenda Item No. 17C February 27,2007 Page 79 of 221 EXHIBIT" A" LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one- quarter (SWl!4) of the Southwest one-quarter (SWl!4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S 1/2) of the Southeast one-quarter (SE1/4) of the Southwest one-quarter (SWI!4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R.1708,Page1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less. ur--...- r--.ON ...-ON N..... c:i .0 Zr--.O No:) E C" <D 2roOJ -:Jro ro:=;o... -o~ C(!) (!)LL OJ <{ I JI i Ii I U 'I 'I II ' :1 ~I 11&11 ~ i. III I I . I ~ ~ i II 111 ~!I ~l~ ii n I~ ~ Ii ~ 1.1if!! I P i I : ~ ilh I I ~ i, p ij!~!,ij Ii II ~ i~ !Ill ~ l~I!11 i !lll i i I S I is! i ;~ ;~ ~ II! 11:111 !~:il !~I;! fi i !!i! lij =i rlnll~'!: .il i ~I! i II nil ~ I !Illd I ij ii! 1= Ell! 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'4..1,) -.J4. .., ..: < .t l' I ~ ) ~ h~~, h~;U p a --- ~ i ~1 " ~rk< : . . u _ -. __ -:~ &~c~-~-~ ------..------ ~ ~ ~~ ~ W U I>:: W :::E ~ >< ~ l1. o o ::E ::E ~~ I:~ ~ III N :t l1. ll! z f5 5 ~ l1. cr ~< < ~I- a... cnffi >- <I .J ::EX ~ OW "- :;;) ~ {J '" 2i '" ~ ~- - ~ ~ ~ lJ.J ~ ~.~~~ ~~ii:ii ~~~ ~-t.~ !~lE ;;; I' I.M ~ I ~ ~ n I ; ~ 'r" ~ 4.1,) -.J4. .., III ur--...- ~gj , ..... .0 ~N;; E 2:' (!) QJroOJ =::JCU ro'-o... -0..0 c(!) (!)LL OJ <{ N ~~ Q:: ~ In ~ ~~t:] 0..: it 5 -...J '- C:) '" ~ ~ ~':") ~ ~~ gs ~::::i; V) '- - f,6t.OO N I~ ~m i _l ~ ~ ::tll ~; ~~ S .., IlO.l:------7 --- 10 .1' _.~~, .---...- -~~~ ~ -., + 19B aYOH .AJ.NI10:J J" ~ ~ ~ a: )... ~ ~ .l.. ~ ! a: ::t ill ~i !:~ s '" ,g)'or 3 .~tg,OO N ----~7em-- .;t" .._-...... ~~_.. . "'" . ~ Q S ~ - II . <;:) -6. - ~ ~ tl\ tl\ al tl\ tl\ I- - al - ::I: X w f\g~f1cl5 Itel1, tJ-S. 17C Fpbrua::y..27 7 Page 82 of 1 PROJECT NAME: PARCEl NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED THIS WARRANTY OEED made this _ day of . 20_. by, (hereinafter referred to as "Granlor), whose post office box is [ADDRESS] to COLUER COUNTY, a political subdivision of the Slate of Aorida, its successors and assigns, whose post office address is 3301 Tamiami Trail East. Naples. Rorida, 34112 (hereinafter referred to 8S "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,OQ) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains. sells, aliens, remises, releases, conveys and confirms unto the Grantee, aU that certain land situate in Collier County, RoOda, to wit: See Attached exhibit "A" which is Incorporated herein by reference. Subject to easements. restrictions. and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with aU the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. ) ~ ., ~. f TO HAVE AND TO HOlD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is \avvfulty sejzed 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 seaJed these presents the day and year first above written. WITNESSES: (Signature) By: (GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) Agenda Item No. 17C February 27, 2007 Page 83 of 221 ORDINANCE NO. 2000- 79 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 06148; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "POO" PLANNED UNIT DEVELOPMENT KNOWN AS "HAMMOCK PARK OF COMMERCE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF I8.1S:!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Mitchel A. Hutchcraft of Vanasse & Daylor, LLP, representing John B. McMullen, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A"AgricultJU'al to . .1 ~ , "PUD" Planned Unit Development in accordance with the Hammock Park ofCommerce:PUD~',l Document, attached hereto as Exhibit" A" and incorporated by reference herein, 'f:he O~~Jal-' ~:: Zoning Atlas Map Number 0614S, as described in Ordinance Number 91-102, th~ Collier' County Land Development Code, is hereby amended accordingly. " - j '.. ~ ,-i SECTION TWO: t:. -, (-j ~..r>1 1....,.) This Ordinance shall become effective upon filing with the Department of State. -1- Agenda Item No. 17C February 27, 2007 Page 84 of 221 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this dS-th day of /Vo v"'C.fY1 b ev , 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ",""".:'~tr~ST:"", /~/'.Bi:~-"~. ~D.~. : ;: . DWIGHT E. BROCK Clerk ~ . ~ -' : ' \ .' . Attest IS t;O:'CkIN8" . Si~natu~0A1,. Approved as to Form and Legal Sufficiency BY, ~- JAMES D, TER, ph,n" CHAIRMAN -~ -) V ') . J/-- - , J. (1 )rr UC / / ;':"'/1( U (' (d MlUjorie M. Student Assistant County Attorney This ordinance fil~d with the Secretory of ~s Office the ~dayof_ ,~~ and acknow;ecgemenl of that fili~ed i~ ~ day of '__~./ By~(.~ Oep.,ty Clo'" g/admin/ ORDINANCElPUD-99-25!CBiim -2 - Agenda Item No, 17C February 27, 2007 Page 85 of 221 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre PUD A PLANNED COMMERCIAL DEVELOPMENT Prepared by: Vanasse & Daylor, LLP 12730 New Brittany Blvd., Suite 600 Fort Myers, FL 33907 Date Reviewed by CCPC: Date Approved by BCC: It/Oll'<~ J-i-: ;M!'~ Ordinance Number. .)..(JOt) - ?q "/ Exhibit A Hammock Park Commerce Cenlr& PUD 11/29/00 TA.BLE OF CONTENTS STATEMENT OF COMPLlA.NCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Community Commercial District SECTION IV General Development Commitments LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan Agenda Item No. 17C February 27. 2007 Page 86 of 221 PAGE 1 2 4 9 14 Hammock Pan.: Commerce Centre PUD 11129/00 Agenda Item No. 17C February 27, 2007 Page 87 of 221 STATEMENT OF COMPLIANCE The development of approximately 18.15 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Hammock Park Commerce Centre PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The retail commercial and office facilities of the Hammock Park Commerce Centre PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub- district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the Future Land Use Element permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and seNices permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4,4 of the Future Land Use Element. 7. Where possible. Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this PUD. Hammock Park Commerce Centre puo Page 1 of 18 09/20/00 Agenda Item No. 17C February 27,2007 Page 88 of 221 SECTION 1 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 name of Hammock Park Commerce Centre PUD, 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East. Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one-quarter (SW1/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Roa~ 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S1/2) of the Southeast one-quarter (SE1/4) of the Southwest one- quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida, O.R. 1708, Page 1667 The South 1/2 of the South1/2 of the Southwest 1/4 of Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 18.15 acres, more or less. Subject to easements, reservations or restrictions of record. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY BBlS SURVEYORS & MAPPERS, INC.) 1.3 PROPERTY OWNERSHIP The subject property is currently owned by John B and Dora A. McMullen, Hammock Pari< Commerce Centre PUD Page 2 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 89 of 221 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The Subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site has A Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre PUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A" PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Planned Unit Development Ordinance." Hamrnook Park Commerce Centre PUD Page 3 of 18 09120100 Agenda Item No. 17C February 27,2007 Page 90 of 221 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, 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 Hammock Park Commerce Centre PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application, Where these 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 the Collier County Land Development Code in effect at the date of adoption of this PUD, C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre PUD shall become part of the regulations that govern the manner in which the PUD site may be developed, D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either the Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7,3.5 of the Collier County land Development Code or as otherwise permitted by this PUD Document. Hammock Parl< Commerce Centre PUD Page 4 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 91 of 221 C, In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the property, as may be necessary, 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. 8, The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.7 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code, 2.8 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s) that will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Hammock Pari< Commerce Centre PUD Page 5 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 92 of 221 2.9 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 18,15 +/- acres requiring a minimum of 5.4 acres to be retained as open space throughout the Hammock Park Commerce Centre PUD. This requirement shall apply to the entire development area, including the individual development parcels. The requirement does not apply to individual development parcels as long as it can be shown that the required open space is found throughout the development area, 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site shall be retained, 2.11 SIGNS Signs shall be in accordance with Article 2, Division 2,5 of the Collier County Land Development Code. 2.12 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3. Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from Hammock Park Commerce Centre shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.13 EXCAVATION AND VEGETATION REMOVAL A, Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8,3,6. of the Land Development Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. Hammock Pari< Commarce Centre puo Page 60118 09/20100 Agenda Item No. 17C February 27, 2007 Page 93 of 221 B. A site clearing, grading, filling and revegetation plan, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a, A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 15% of the natural functioning vegetation shall be retained unless otherwise permitted, b. The applicant shall submit a detailed description of the fill and site wor1< activities including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. Hammock Park Commerce Centra PUD Page 7 of 18 09120/00 Agenda Item No. 17C February 27, 2007 Page 94 of 221 d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.14 ARCHITECTURE AND SITE DESIGN All buildings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code Architectural and Site Design Standards and Guidelines in effect at the time building permits are issued. Hammock Pari< Commerce Centre PUD Page 8 0118 09f20100 Agenda Item No. 17C February 27,2007 Page 95 of 221 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre PUD designated on Exhibit "A", PUD Master Plan as ''Commercialw. 3.2 GENERAL DESCRIPTION A. There is one area designated as ''Commercial'' on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services. and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Property Acreage: 18.1;t Use: Retail and Office Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways. open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre PUD, up to a maximum of two hundred thousand (200,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. Hammock Park Commerce Centre PUD Development Program Proposed Commercial Office Totals Development 1,000 SF I Acres 1,000 SF I Acres 1,000 SF I Acres Property 200 I 18.1 0-50. I 0,0 200 I 18.1 "Up to fifty thousand square feet of office space may be converted from the total two hundred thousand square feet of retail space as allowed by the following conversion table. Hammock Parl< Commerce Centre PUD Page 9 0118 09/20/00 Agenda Item No. 17C February 27,2007 Page 96 of 221 Land Use Conversion Table Current Proposed Conversion Example: Land Use land Use Rate Office Retail 0.398 1,000 sf of Office 398 sf of Retail Office Restaurant 0.165 1,000 sf of Office 165 sf of Restaurant Retail Office 2.51 1,000 sf of Retail 2,510 sf of Office 3.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part. for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993,7997,7999) 2. Apparel and Accessory Stores (Groups 5611,5621,5631,5641,5651,5661, 5699) 3. Automotive Repair, Services and Parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C,R. 951. 4, Building Construction - general contractors (groups 1521 -1542). 5. Building Materials, Hardware, Garden Supply (Groups 5231,5251, 5261) 6, Business Services (Groups 7311,7323,7334,7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 7, Communications (Groups 4832, 4833) 8, Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 9. Depository Institutions (Groups 6011-6099) 10. Eating and Drinking Places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 11. Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) 12, Food Stores (Groups 5411,5421,5441,5451,5461,5499) 13, Funeral Service and Crematories (Group 7261) Hammock Pall< Commerce Centre PUD Page 100118 09120100 Agenda Item No. 17C February 27, 2007 Page 97 of 221 14. Gasoline service stations (5541 subject to Section 2.6.28 of the Land Development Code) 15. General Merchandise Stores (Groups 5311,5331,5399) 16. Hardware Stores (5251) 17. Health Services (Groups 8011-8059) 18. Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714,5719.5722,5731,5734,5735,5736) 19. Hospitals (Group 8062) 20. Hotels and Motels (Group 7011) 21. Insurance Agents, Brokers and Service (Group 6411) 22. Membership Organizations (Groups 8641, 8661) 23. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R. 951. 24. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992. 5993,5999) 25. Motion Pictures (Groups 7832-7833) 26. Museum, Art Galleries (Group 8412) 27. Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) 28. Offices (All Groups) 29. Personal Services (Groups 7211-7212, 7215.7219,7221,7231,7241,7251, 7291 ) 30. Restaurants (All Groups) 31. Real Estate (Groups 6531, 6541, 6552) 32. Social Services (Group 8351) 33. United States Postal Service (Group 4311 ) 34. Veterinarian's Office (Group 0742, except no outside kenneling) Hammock Park Commerce Centre PUD Page 110118 09120100 Agenda Item No. 17C February 27, 2007 Page 98 of 221 35. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. 3.5 DEVELOPMENT STANDARDS FOR PARCELS 1, 2 AND 3 A. Minimum lot area: Ten thousand (10,000) square feet. B, Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3, Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) teet or a distance equal to one hall the sum of their heights, whichever is greater. E. Minimum tloor area of principal structure: seven hundred (700) square feet per building on the ground floor. F, Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code, as amended, G. Maximum height: Fifty (50) feet. H, General application tor Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-at-way, the setback is measured from the adjacent right-ot-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Hammod< Par1< Commerce Centre PUD Page 12 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 99 of 221 I. All buildings. landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for Site Development Plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the Current Planning Manager as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage. service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SOP. Hammock Part< Commerce Centre puo Page 13 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 100 of 221 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the standards lor development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns. shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, In addition, any successor or assignee of the developer is bound by the commitments within this agreement. 4.3 PUD MASTER PLAN A, Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. 8, 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. 4.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 8. Detailed paving, grading and site drainage 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 Engineering Review Services. Hammock Park Commerce Centre PUD Page 14 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 101 of 221 C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 4.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that serves the project if warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. The Project entry from CR 951 will be along the project's western boundary and designed to encourage shared access within the development, as depicted on the Access Management Plan for this Activity Center. D. The project shall be designed to accommodate an interconnection to the property to the north as shown on the PUD Master Plan. 4.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. 4.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable state laws pertaining to platting. Hammock Pari< Commerce Centre PUD Page 150118 09120100 Agenda Item No. 17C February 27, 2007 Page 102 of 221 4.8 BUFFERS The Hammock Park Commerce Centre PUO shall provide perimeter buffering consistent with the following table: Direction: North: South: East: West: Adiacent Use Vacant Agriculturally zoned land Rattlesnake Hammock/Sports Park Rd. Vacant Agriculturally Zoned Land CR 951 and canal Buffer~ "A" 110" UAIl uD" 4.9 ENVIRONMENT AL A, Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and is subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Buffers shall be provided around retained wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by Current Planning Section Staft, D. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the 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 Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. E, An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LOC and the Growth Management Plan in effect at the time of final development order approval. G. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this PUO document. Hammock Pari< Commerce Centre PUD Page 1601 18 09120100 Agenda Item No. 17C February 27, 2007 Page 103 of 221 H. landscape design plans will be submitted during the review process to Collier County Project Review Services. A minimum of 1.78 acres of native vegetation will be re-planted on site, per the Collier County land development requirements. Preservation is not feasible due to the extreme density of Melaleuca. The plantings will be installed along the northern and western perimeters, as well as various areas in the central portion of the project. All three strata will be re-created, with at least 14' to 16' trees used in the canopy (7'-8' crown spread), 5-gallon shrubs used in the midstory and 1-gallon plants used for groundcover. Hammock Par1t Commerce Centre PUD Page 17 of 18 09120100 Agenda Item No. 17C February 27, 2007 Page 104 of 221 EXHIBIT A HAMMOCK PARK COMMERCE CENTRE PUD CONCEPTUAL SITE PLAN Hammock Park Commerce Centnt PUD MeP 11129100 if'" ll!!- U i!'-"- Agend Item No, 17C Feb ary 27,2007 P e 105 of 221 - ------~ -..._r..::. ..a........;a..;w-............:..;..=-jNll!!:-__-r ..-- -!!:!:- .-.r...-.....--- _ __ ___ (eR 951) m~ OF Cop'! Rd .. -.~- --~-------~~~----------- -iC~~~ .._~~----- - --=- --- ~ .t....- (.., t-I I-~-~~ =~~~~------- I I ,-"'-"-"'-"'-'" on_' I I f '''-'''-'''--'-''', I Ii' I I' I I " I I / I I I I ' I ...1.. ,. /'''''' I ' II i U I II , !l! I II! h i ~ II I i~ I ~ II i !l , ill i \ ~\ II I II I i II ; I ! I II ! II ! II ! II i II ' I I I ' =-===.:-.:'1 f, 1_________________ ",1.1. t......."" Rood i "1 ~, .________n___h__:=::::::=-n---------_~ --- \ I ..._... ...~ -------------1--- i ! i . 1("-, --=----,-' t~ .",-:-; ~;? .,,~ r 1... ~ ~ an i ;9 ~ ~ l~ i ------------------------------ ~ ;S 5g "-I ~ '- ... ,,, "" ."" 7. -\ ~.f.,.,.......... a::w:I'lCIIUm'.1UIIIIt - <. "r- C\." ."..., 1- .... !:~ - ~*z ,., ~~ ~~ ~! h ..---- ::.:.~. f.... .. . - - . Agenda Item No. 17C February 27,2007 Page 106 of 221 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO, 2000-79 Which was adopted by the Board of County commiBBio~~fS gn . t.....:.:J L'-' the 28th day of November, 2000, during Regular Session. _.. c:J 1-'" t--.; ~t'j WITNESS my hand and the official seal of the BOardH:lf .c~~ -, ~ ~ n County Commissioners of Collier county, Florida, this 29~ da.~ ..:: ~~~ ~ :-:~fff:ro~":t;~p<\ g~;;~ o~ . C~~~~~ ~n~~ :6:e~~~< :, .:;.~:;~~,;, ';- ~ Ex-officio to Board" 6t':;f;':,-:,'~> <:,' ..'.= County Commissioners \.i<i,.'~.,;':r'-.. ", .:' ~S~K~' "..'t.'(;EL;.:'~('" Deputy Clerk of November, 2000. Agenda Item No. 17C February 27,2007 Page 107 of 221 Excerpts from the Environmental Impact Statement HAMMOCK PARK COMMERCE CENTER COLLIER COUNTY ENV1RONMENTALIMPACTSTATEMENT August 2006 Revised September 2006 Revised October 2006 Prepared For: The Sembler Company 7601 N. Federal Highway Boca Raton. Florida 33487 (561) 893-0521 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Agenda Item No. 17C February 27, 2007 Page 108 of 221 ProjectNo.05TSC1438 Agenda Item No. 17C February 27, 2007 Page 109 of 221 TABLE OF CONTENTS Page Introduction.................................................................................................................................. ..1 10.02.02 (A) 4. Information Required for Application a. Applicant Information..................................................................................................1 b. Mapping and Support Graphics.. ............... ......... ..... ........ .............. ................... ...........1 c. Project Description and GMP Consistency Determination..........................................4 d. Native Vegetation Preservation ...................... ..... ..... .......... ..... ..... ..... ......... ....... ..........7 e. Wetlands...................................................................................................................... 9 f. Surface and Ground Water Management.....................................................................11 g. Listed Species............. ................................... ......... ............ ................................. ...... .12 h. Other ..... ............................... .......................... ......... ............................... ............. ..... ...17 References... ......................................................... ............................ ............................................ .19 1 Agenda Item No, 17C February 27, 2007 Page 110 of 221 LIST OF FIGURES Page Figure L Project Location Map ""...., ,....,...., ...........,. ... ....... ,...... ,...., ,...,..."" .."",.., "'" ". ""...2 ii Agenda Item No, 17C February 27,2007 Page 111 of 221 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for Hammock Park Commerce Center. This EIS has been prepared in accordance with Chapter 1O.02.02(A) of the Collier County Land Development Code (LDC) (October 30, 1991, as amended February 27, 2004), 10.02.02 (A) 4. INFORMATION REQUIRED FOR APPLICATION a. Applicant Information i, Responsible person who wrote the EIS and his/her education and job related environmental experience, Kenneth C. Passarella and Cheryl Gruener, Passarella and Associates, Inc. Consulting Ecologists. Copies of Mr. Passarella's and Ms. Gruener's resumes are enclosed as Exhibit 1. ii. Owner(s)/agent(s) name, address, phone number, and e-mail address. The Sembler Company 7601 N. Federal Highway Boca Raton, Florida 33487 Ph: (561) 893-0521 Fax: (561) 893-0524 Contact name: Mike Troxell E-mail: mike.troxell@sembler.com b. Mapping and Support Graphics i. General location map. A proj ect location map is provided as Figure 1. ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties, Habitat identification consistent with the Florida Department ofTransvortation - Florida Land Use Cover and Forms Classification Svstem (FLUCFCS) (Florida Department of Transportation 1999) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided, A legendfor each of the FLUCFCS categories found on-site shall be included on the aerial. 1 r:: ~ , \ ( -/ .....~. I T ,..... ~ ,.ft ,... n """-oJ """D , v ~x~ '\ / ,/" "'\ --~y ~ ~ .~..... .....u IlefTl 1\10. I /l., February 27,2007 Page 112 of 221 rr-- ~\ ~1 ")\..0 _ I -.;;;;: .... }r ~ ~~ ,=- 'I n ~ ~ ( t\ 1;:;1 .~ur 3:- ~.lt. 1 ,~..... ~:\ "~ ~- ~ w*, s .>-= :- ;:::= - \C ~ ) -( ~ "'-- PROJECT LOCATION Y V SEe 14, TWP 50 S, RGE 26 E .~~ ~ ~ J~)_ \ k---. '1 e-I(l Y11 r\~~~~ 1'<. I~ / -, PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: J.I.. w.e. DATE: 8/2/06 2 Agenda Item No. 17C February 27, 2007 Page 113 of 221 An aerial photograph with FLUCFCS mapping is enclosed as Exhibit 2. A FLUCFCS and wetlands map of the property is provided as Exhibit 3 and an acreage breakdown of the habitat types is provided in Table I. Table 1. FLUCFCS Types and Acreages !DieT' ~'1~~~"j!jIl~~""'1','fjii.]l '''} "'~-if,'""' .,' "nih'j\ff\' "''i'''~[1l'@~:'',~~m'"'","''~''~tR', -:-~''41,,e''i?~'j,n')~:N~ i:{'~( :t,~t ~~~ ~~,1_/j",{~~ r;,;' 175 ';t';~\~; ~':v,~J:~~~;;~'/oI~r~h~~".'t'krJ,.;:.i:~~~';~~'ril~''''ti~~''"i:,i','~'~I'll~ ~~\t~:}~l;>,t !:~'f$ii'~.\j,l)';t\~~.til ,.,(t~'!'i~,':' .' ,)'" ,r;'i;;.'l';j~\I'i.jjli)J~.'lirr"'~l'~i,~r/ ,!, '''i';~:JC;\!'ri1.tf~r};,;; ';'l.i'(h".:-.J),' I :~:~:1~ p l~ ~ \ "', ~i~;.~~~jl";}\~~~:!~~~~~.""l:hii.: L~~~ ': "~\ ~ ~I,,'(~ :. ~;. ~< '$;",.~: " , 1 :~:~.~:: ~~ '"C'.:~Gt~",\S:1 'J~t{'rJ'l'~~~~~~ k ~ \~ t{~) ~ ~t~~t 3219 El Palmetto Prairie, Disturbed (0-24% Exotics) 0.34 1.8 3219 E2 Palmetto Prairie, Disturbed (25-49% Exotics) 0.18 0.9 4119 E2 Pine Flatwoods, Disturbed (25-49% Exotics) 1.46 7.7 4241 Melaleuca, Hydric 6.48 34.0 6245 E3 Cypress/Pine, Disturbed and Drained 2.00 10.5 (50-75% Exotics) 6249 E4 Cypress/Pine/Cabbaage Palm, Disturbed 6.12 32.1 (76-100% Exotics) 6259 E4 Pine, Hydric, Disturbed (76-100% Exotics) 0.87 4.6 6419 E3 Freshwater Marsh, Disturbed 0.33 1.7 (50-75% Exotics) 7401 Disturbed Land, Hydric 1.03 5.4 832 Electrical Power Transmission Line 0.24 1.3 Totals 19.05 100.0 iii. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided Please see the topographic map provided as Exhibit 4. iv. Soils map at scale consistent with that used for Florida Department. of Transportation - Florida Land Use Cover and Forms Classification System determinations. A Collier County soils map of the property is provided as Exhibit 5, and a description of these soils is provided in Table 2. Table 2. Soil Types 14 21 49 Pineda Fine Sand, Limestone Substratum Boca Fine Sand Hallandale and Boca Fine Sands Yes No Yes 3 Agenda Item No. 17C February 27, 2007 Page 114 of 221 v. Proposed drainage plan indicating basic flow patterns, outfall, and off-site drainage. A Conceptual Drainage Plan showing the proposed dry detention areas that will serve the project for both water quality treatment and storm attenuation is included as Exhibit 6, vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the Public Facilities Map (Exhibit 7), Transportation Map (Exhibit 8), and Conceptual Site Plan (Exhibit 9). vii. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for storm water retention, as shown on approved master plans for these sites, as well as public owned conservations lands, conservation acquisition area, major flow-ways, and potential wildlife corridors, Please see the Conceptual Site Plan enclosed as Exhibit 9 which shows the on-site preserve area. There are no known off-site adjacent preserves. viii. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan (GMP), Please see the Collier County Future Land Use Map enclosed as Exhibit 10. The project is located within the Collier County Mixed-Use Activity Center Sub-District at the intersection of County Road (C.R.) 951 and Rattlesnake Hammock Road. c. Project Description and GMP Consistency Determination i, Provide an overall description of the project with respect to environmental and water management issues. The total site area is 20.23::1: acres. Of the 20.23::1: acres, 1.18::1: acres along the southern edge will be dedicated for the future extension of Rattlesnake Hammock Road. Therefore, the project site totals 19.05::1: acres. The project site is located in Section 14, Township 50 South, Range 26 East, Collier County (Figure 1). The project site generally lies along the east side of C.R. 951 (Collier Boulevard) extending 1,250 feet to the east. There is a 170 foot Florida Power and Light (FPL) easement that runs north and south on the eastern portion of the property. The remaining portions of the site are undeveloped, forested lands. A 1 "=200' scale aerial of the project site is attached as Exhibit 2. 4 Agenda Item No. 17C February 27, 2007 Page 115 of 221 The project contains 14.83f: acres of South Florida Water Management District (SFWMD) wetlands. The wetlands consist of disturbed freshwater systems. A high level of exotic vegetation exists within the wetlands. The invasive exotic plant species me1aleuca (Melaleuca quinquenervia) dominates much of the wetlands on- site. Melaleuca is an exotic species listed as a Category I invasive exotic by the Florida Exotic Pest Plant Council (EPPC) (EPPC 2004). Of the 19.05f: acres on the project site, 10.92f: acres are considered habitats with native vegetation present. The project will include a 1.64:l: acre preserve of native upland and wetland habitat. An Upland and Wetland Preserve Map is provided as Exhibit II. Turrell and Associates, Inc. conducted a listed species survey on the property in July 1999. The survey identified a little blue heron (Egretta caerulea) within a wetland near the FPL easement on the property. The little blue heron is listed as a Species of Special Concern by the Florida Fish and Wildlife Conservation Commission (FWCC) and is not listed by the U.S. Fish and Wildlife Service (USFWS). During the red-cockaded woodpecker surveys conducted by Passarella and Associates, Inc. on the property during October and November 2003 and May 2004, three listed wildlife species were observed utilizing the hydric disturbed land: little blue heron, tri-colored heron (Egretta tricolor), and white ibis (Endocumis albus). Each of these species is listed as a Species of Special Concern by the FWCC and are not listed by the USFWS. Per Collier County's request an updated listed species survey was conducted on the property by Passarella and Associates, Inc. on September 19, 2006. No listed species were observed during the survey. The proposed project is a commercial development. It is estimated that the construction of the project will result in impacts to 13.48f: acres of SFWMD wetlands. The SFWMD approved wetland lines have been survey located and are depicted on the FLUCFCS and Wetland Map (Exhibits 2 and 3). As discussed previously, the wetland impacts are to low quality wetlands which exist on-site. The applicant has considered several different site designs and has attempted to place the wetland preserve area where it is ecologically beneficial. However, due to factors related to the site location, shape, and size the placement of the preserve area has been limited. The long, skinny shape of the site limits opportunity for providing preserve areas. The site is located at the northeast comer of Collier Boulevard and Rattlesnake Hammock Road. A right-of-way will be taken from the project site along the south edge for improvements to Rattlesnake Hammock Road. Further limiting the preserve area location is the designated shared access point off of Collier Boulevard with the property to the north, and the 170 foot FPL easement which transects the site on the eastern portion of the property. The applicant has designed 5 Agenda Item No. 17C February 27, 2007 Page 116 of 221 the site plan with the preserve located along the north property boundary adjacent to undeveloped, off~site habitats and incorporating native vegetation within the preserve, Please refer to Exhibit 9 for the conceptual site plan. The wetlands on-site are low quality, including exotic vegetation which ranges from 50 to 100 percent. To avoid and minimize wetland impacts, the proposed wetland preserve area is located along the project site's north boundary where it is connected to off-site wetlands. The mitigation plan involves the enhancement and preservation of 1.35x acres of wetlands, and enhancement and preservation of 0.29x acre of upland preserves. Wetland enhancement will include the removal of exotic and nuisance vegetation. Exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper (Schinus terebinthifolius), downy rose-myrtle (Rhodomyrtus tomentosus), and cattails (Typha latifolia). Exotic vegetation removal will be done by hand. In general, the exotics will be treated in place with an appropriate herbicide and left standing, or exotics will be cut, the cut vegetation removed, and the remaining stump treated with an appropriate herbicide. Supplemental plantings will be installed in areas of greater than 50 percent exotic coverage. Detailed survey and drainage plans have not been completed for the project. However, the final design will be incompliance with the Collier County LDC and the SFWMD regulations; and, will include measures to restrict and/or limit the amount of water being released into the upland preserve. Conceptually, the proposed surface water management system includes a dry detention area. The dry detention area will be located within a portion of the existing FPL easement located in the eastern portion of the site. Runoff from the proposed development will be directed to the dry detention areas via grassed and/or paved swales and drainage pipes and discharged to the Henderson Creek Canal along the west side of the project. Drainage design will be in accordance with SFWMD Permit No. 11-02130-P and Collier County Regulations. ii, Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the GMP. where applicable. The Hammock Park Commerce Center CPUD will implement Policy 2.2.2. of the Conservation and Coastal Management Element through the utilization of the Best Management Practices Matrix currently being promulgated by the SFWMD. The proposed water management system consists of a series of interconnected dry detention areas discharging to receiving waters through a control structure. These dry detention facilities are interconnected through the use of shallow swales or culverts. The dry detention areas provide water quality treatment as well as volumetric attenuation. Water quality treatment through the use of best management practices in accordance with SFWMD criteria provide the necessary reasonable assurances that 6 Agenda Item No. 170 February 27. 2007 Page 117 of 221 adverse water quality impacts to receiving waters will not occur. The volumetric detention and the control structures are designed so that the post development peak discharge rate does not exceed the pre-development peak discharge rate. In addition, the site is designed in accordance with Collier County Ordinance 90-10. This ordinance further limits the post development peak discharge rate to a maximum of 0.15 cfs/acre or less depending on the specific water management basin in which the project is located. This limitation was introduced by Collier County to assist in mitigating the uncontrolled discharge rates produced by developments that were developed prior to the implementation of modern water management regulations. The native vegetation provisions of the Hammock Park Commerce Center CPUD implement Policy 6.1.1. of the Conservation and Coastal Management Element in that native preserves will be incorporated into the project design. The Hammock Park Commerce Center CPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. d Native Vegetation Preservation i. Identify the acreage and community type of al/ upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory, and ground cover) and vegetation dominance (dominant, common, and occasional). The FLUCFCS and Wetland Map for the project is included as Exhibit 3. A description of each FLUCFCS type with the acreage of this habitat type identified on the project site is listed as Exhibit 12. ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the GMP, and Division 3,9 of the LDe. Provide an exhibit illustrating suck Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. Pursuant to Policy 6.1.2 of the Conservation and Coastal Management Element of the Collier County GMP, Sub-Section 2.0S.02.B.2.g, and Section 3.05.07 of the Collier County LDC, a minimum of 15 percent of the project's native vegetation is required to be retained or replanted. 7 Agenda Item No. 17C February 27,2007 Page 118 of 221 The project is preserving 1.64:I: acres (15 percent) of the native vegetation on-site, with priority given to the existing higher quality habitats. The project has a total of 8 .13:l: acres of non-native vegetation habitat. A native vegetation map of the property is provided as Exhibit 13, and an acreage breakdown of these native habitats is provided in Table 3. Table 3. Native Vegetation Habitat Type and Acreages 6245 E3 2.00 6249 E4 6.12 6259 E4 0.74 0.13 6419 E3 0.08 0.25 7401 1.03 832 0.24 10.92 8.13 1.64 Exotic plant species coverage in native habitats on-site was evaluated according to canopy coverage. Habitats with greater than 75 percent canopy coverage of melaleuca (FLUCFCS Code 4241) have been excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the GMP. The cleared and disturbed land associated with the FPL powerline easement (FLUCFCS Codes 7401 and 832) have been excluded from the native vegetation acreage. Per the applicant's communication with Collier County staff, the native vegetation within the FPL powerline easement has also been excluded from the native vegetation preserve requirement calculations. The native vegetation totals 10.92:1: acres. Fifteen percent of the native vegetation (1.64:I: acres) is being set aside as preserve. The proposed project design has incorporated 1.35:I: acres of wetlands and 0.29:I: acres of uplands as preserves within the development plan. The preserved and enhanced wetlands and uplands will be placed in a conservation easement. An Upland and Wetland Preserve map is provided as Exhibit 11. iii. For sites already cleared and in agricultural use, provide documentation that the parcel (s) are in compliance with the 25 year rezone limitation in Policy 6,1.5 of the Conservation and Coastal Management Element of the GMP and Division 3.9 of the 8 Agenda Item No. 17C February 27,2007 Page 119 of 221 LDe. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the ten year rezone limitation previously identified in the GMP and LDe. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? /fso, identify the 10f;ation and acreage of these preserves, and provide an explanation if they are difJerentfrom what is proposed. Not applicable v. For properties with Special Treatment (ST) overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. Not applicable. e. Wetlands i. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6. 2.1 and 6.2.2 of the Conservation and Coastal Management Element of the GMP) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy. midstory, and ground cover) and vegetation dominance (dominant, common, and occasional). Wetland determinations are required to be verified by the SFWMD or Florida Department of Environmental Protection, prior to submission to the County. The project site includes 14.83:i: acres of SFWMD/Collier County jurisdictional wetlands (Exhibit 3). The SFWMD wetland lines were field verified as part of the SFWMD permitting process for the Environmental Resource Permit issued by the SFWMD on October 10, 2002. Table 4 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type is included in Exhibit 12. Table 4. SFWMD/Collier County Wetlands and "Other Surface Waters" 6249 E4 6259 E4 Melaleuca, H dric Cypress/PineJCabbage Palm, Disturbed (76-100% Exotics Pine, H dric, Disturbed 76-100% Exotics 9 Agenda Item No, 17C February 27,2007 Page 120 of 221 Table 4. (Continued) ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydro periods. Provide a narrative addressing the anticipated control elevation(s) for the site. In an effort to avoid or minimize impacts on the hydroperiod of the existing wetlands, surface water flows from the development will be routed through the dry detention areas for water quality and then into the wetlands eventually outfalling to the Henderson Creek Canal. Control structures! weirs will be installed downstream in the wetlands to control the stages at the elevation established by SFWMD Permit No. 1l-02130-P (Exhibit 14). The control elevations approved by SFWMD were determined by wet season water table contour maps. iii, Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. The construction of the project will result in wetland impacts to 13 A8:!: acres of on- site wetlands. As discussed, the wetlands on-site are low quality, melaleuca infested wetlands. A conceptual site plan is shown as Exhibit 9. A preserve map is included as Exhibit 11. The wetland mitigation plan for the project preserves 1.64: acres of the property. The mitigation plan involves the enhancement and preservation of 1.35: acres of wetlands, and enhancement and preservation of 0.29:1: acre of upland preserves. Wetland enhancement will include the hand removal of exotic and nuisance vegetation including, but not limited to, melaleuca, Brazilian pepper, downy rose- myrtle, and cattails. In general, areas with less than 50 percent coverage by exotics will be treated in place with an appropriate herbicide and left standing, or exotics will be cut, the cut vegetation removed and the remaining stump treated with an appropriate herbicide. In areas with greater than 50 percent exotics, the exotics will be removed and supplemental wetland plantings will be installed. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the GMP. For sites in the RFMU District, provide an assessment, based 10 Agenda Item No, 17C February 27, 2007 Page 121 of 221 on the SFWMD's Uniform Mitigation Assessment Method (UMAM), that has been accepted by either by the SFWMD or Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the UMAM The project was reviewed and issued a permit by SFWMD prior to the implementation of UMAM. A WRAP analysis was submitted to the U.S. Army Corps of Engineers (COE) as part of their review of the pending COE permit application for the McMullen Parcel (Application No. SAJ-1999-04926) and is included as Exhibit 15. The McMullen Parcel is 40:i: acres which includes the Hammock Park Commerce Center. f Surface and Ground Water Management i. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. Existing Conditions: The majority of the site (from the existing FPL easement east to the canal) currently sheet flows to the Henderson Creek Canal along Collier Boulevard. The portion of the property west of the FPL Easement sheet flows to the east. Proposed Conditions: The site will be graded to direct runoff to the proposed dry detention areas via paved or grass swales and drainage pipe. Water quality will be provided in accordance with SFWMD Permit No. 11-02130-P and Collier County criteria prior to discharge to the proposed wetland preserves. Discharge will be controlled via a control structure near the northwest comer of the site with outfall to the Henderson Creek Canal along the west property line. It is intended that the northern portion of the site be wetland preserve to meet Collier County preserve requirements and to maintain continuity with adjacent wetlands. it. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is requiredfor projects impactingfive (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. 11 Agenda Item No. 17C February 27,2007 Page 122 of 221 A water quality analysis will be performed in accordance with Collier County Regulations during the permitting process with Collier County and SFWMD Permit No. 11-02130-P (Exhibit 14). iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-S1) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Not applicable g. Listed Species i. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the FWCC and the USFWS. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. Listed plant and wildlife surveys were conducted on July 7,8,9, 14, 15, 19,20,22, 26, and 28, 1999 by Turrell and Associates, Inc. A description of the survey methodology, as well as the results of the survey, is included as Exhibit 16. An updated listed species survey was conducted per Collier County's request by Passarella and Associates, Inc. on September 19, 2006. No listed species were observed during the survey (Exhibit 17). Red-cockaded woodpecker (Picoides borealis) non-nesting season foraging surveys were conducted by Passarella and Associates, Inc. from October 29,2003 through October 31,2003 and from November 3, 2003 through November 11,2003. Nesting season foraging surveys for the red-cockaded woodpecker were conducted from May 4,2004 through May 17,2004. The red-cockaded woodpecker non-nesting season foraging survey and the nesting season foraging survey summary report is included as Exhibit 18. The surveys were conducted in accordance with USFWS Draft Standard Local Operating Procedures for Endangered Species (SLOPES) for the red-cockaded woodpecker (2002) guidelines. . Surveys were conducted for wildlife species listed by the FWCC and USFWS as endangered~ threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services (FDACS) and USFWS as endangered, threatened, or commercially exploited. The Florida's Endangered Species, Threatened Species and Species of Special Concern; Official Lists (FWCC 2004) was used as a reference to identify the status of listed species. Listed wildlife species were also observed and documented during other field work conducted on the project site. Table 5 summarizes listed wildlife species observed on 12 Agenda Item No, 17C February 27,2007 Page 123 of 221 the project site during work on the project site including listed species surveys, red- cockaded woodpecker surveys, FLUCFCS mapping, wetland flagging, agency site visits, and other on-site field work conducted. Table 5. Listed Wildlife Species Observed on the Hammock Park Commerce Center Property ~~~f~:'.}i~~~:;:j'~7j\~~ Jirr :"f;;;?~.:':~"'" ~-~':;'ff- "; "". T:' ", ,'J,~ X(W,; -'~;!f "'~~~~'i j' '::7~f.~ ::~~ r~rJ~( ~~Htf'dH'f V:df~_;\ '>;dt,., (<-",Jql I, I;/ot't " ~~l~ '" lq ll' '"I ('! ~dr<"'<o,,, "r;~ ~~);r\tTdt;t;}.~l=><~:'~~i(~ :rtVG~ ~J : ^ 1 ". ~ .~;~ ~;L~. ",,'~r .< . j~"~J: : ) '~<\~~~~:~A~.r.. ;~~ii~J}~\~'/~,'~;,l ~~~~i~tt~.~ijz (r"~;;~~Jm;~;~tli~~IJ:~~11<~r ' ~ ~~tf~,~:)~Sj~;f~, ~~~;~ r I ~'l :~' ~\;\~:~~;;~~\ .{J ~:\' ~~ ~;, ~ ~q .:' !l;~q.:~ :!,.~~~!~~J.'I:J~ ~~.~~i::;t.;:~!i~;;~~\~~t ",..t~,,~~:::i~ "f~~M.t~.C_:~tF"j!'tl':)~,~:,t!' '~'" '\ ) ~.'J::;;ud[;'L~<,\~~'iji;~blrir~::.~\,<,.S..~:{Jhi.';!~:-.::'~~1~:6t!~L~d3:~ Little blue heron Tri-colored heron White ibis E etta caerula E etta tricolor Eudocimus albus SSC SSC SSC . Fwee - Florida Fish and Wildlife Conservation Commission USFWS - U,S. Fish and Wildlife Service sse - Species of Special Concern T (S/A) - Threatened due to similarity of appearance T - Threatened E - Endangered Little blue heron, white ibis, and tri-colored heron were observed foraging in the freshwater marsh and the hydric disturbed land on-site. No nesting sites for any of these listed species were found on-site. Little Blue Heron (Egretta caerula) Little blue herons were observed on the project site in association with Disturbed Land, Hydric (FLUCFCS Code 7401). No nesting sites for this species were observed. Tri-Colored Heron (Egretta tricolor) A tri-colored heron was observed on the project site in association with Disturbed Land, Hydric (FLUCFCS Code 7401). No nesting sites for this species were observed. White Ibis (Eudocimus albus) White ibis were observed on the project site in association with Disturbed Land, Hydric (FLUCFCS Code 7401). No nesting sites for this species were observed. No listed plant species were observed on-site. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. The documented occurrences of listed species, as recorded by the FWCC, and their proximity to the project site is provided as Exhibit 19. 13 Agenda Item No. 17C February 27,2007 Page 124 of 221 Listed wildlife species that were not observed but which have the potential to occur on the project site are listed in Table 6. Information used in assessing the potential occurrence ofthese species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992); Volume III. Amphibians and Reptiles (Moler 1992); V olume V. Birds (Rodgers et ai. 1996); and personal experience and knowledge of the geographic region. Table 6. Listed Wildlife That Could Potentially Occur on the Hammock Park Commerce Center Property E 6419 6419 6249.6419 4119/6259 Puma concolor coryi E FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service SSC - Species of Special Concern T - Threatened E - Endangered Gopher Frog (Rana areoiata) The gopher frog could potentially occur within the upland Pine Flatwoods. Disturbed (FLUCFCS Code 4119) habitat on the project site; however. it is typically only found in association with populations of gopher tortoise. No gopher tortoise burrows were found on-site. Gopher Tortoise (Govherus voivvhemus) No gopher tortoise burrows were observed on the project site. Surveys for gopher tortoise burrows were conducted in the potentially suitable habitat types identified on the project site. The percent area of appropriate habitats covered by the survey exceeded the recommended guidelines. 14 Agenda Item No. HC February 27,2007 Page 125 of 221 Eastern Indigo Snake (Drvmarchon carais coul1eri) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125 to 250 acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the project site. Roseate Spoonbill (Aiaia aiaia) and Limpkin (A ramus J!Uarauna) Potential fomging habitat for roseate spoonbill and limpkin includes ditches. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et at. 1991) list no bird rookeries on the subject parcel. The nearest recorded site is No. 620022 located approximately 8.5 miles south of the subject property in East Marco Bay near Marco Island in Section 9, Township 52 South, Range 26 East. This colony was last reported occupied by brown pelicans in 1989. No roseate spoonbills or limpkins were found on-site. Wood Stork (Mvcteria americana) Potential foraging habitat for the wood stork includes wetland and other surface water habitats. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991) list no bird rookeries on the subject parcel. The nearest recorded site is No. 620022 located approximately 8.5 miles south of the project site in East Marco Bay. This colony was last reported occupied by brown pelicans in 1989. No wood storks were observed on-site during the July 1999 listed species survey. Southeastern American Kestrel (Falco sparverius l1aulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the project site (FLUCFCS Codes 4119,4159, and 6259); however, the project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et at. 1996). No Southeastern American kestrels were found on-site. Florida Panther (Puma conca/or caryl) The project area includes cover types that are included in a list of various types of vegetative cover that could be used in some fashion by panthers for essential behavior patterns if situated in appropriate landscape. No Florida panthers or their sign have been observed during wildlife surveys or other fieldwork on the project. No Florida panthers have been identified by radio collar telemetry points within the project area. Listed plant species that were not observed but which have the potential to occur on the project site are listed in Table 7. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. 15 Agenda Item No. 17C February 27,2007 Page 126 of 221 Table 7. Listed Plant Species That Could Potentially Occur on the Hammock Park Commerce Center Property Tillandsia utriculata E E 4119 T 6259 E 6249/6259 E 6249/6259 C 4119 T 6259 Simpson's zephyr lily Zamia oridana Zephyranthes sim sonii FDA - Florida Department of Agriculture USFWS - U.S. Fish and Wildlife Service E - Endangered C - Commercially Exploited T - Threatened iii. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigationfor impacts to listedspecies. Enhancement of the wetland and upland preserves will include the removal of exotic and nuisance vegetation such as melaleuca, Brazilian pepper, and cattails. The surface water management system will be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods will be maintained to provide for the natural wet and dry cycles, which provides for foraging for wading birds. The Preserve Area Management Plan for the project is provided as Exhibit 20. The project's Big Cypress Fox Squirrel Management Plan is provided as Exhibit 21. The mitigation areas will be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. iv, Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Not applicable 16 Agenda Item No, 17C February 27, 2007 Page 127 of 221 v, Where applicable, include correspondence received from the FWCC and the USFWS, with regards to the project. Explain how the concerns of these agencies have been met. A Biological Assessment has been submitted to the COE for the McMullen Parcel (pending COE Permit Application No. SAJ-1999-04926). The McMullen Parcel is 4O:J: acres which includes the Hammock Park Commerce Center. The COE has forwarded this report to the USFWS as part of their review of the project. No correspondence has been received from the FWCC or the USFWS regarding the project. h. Other i. For multi-slip dockingfacilities with ten slips or more, andfor all marinafacilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. The Hammock Park Commerce Center project site was previously part of a 2,30O:J: acre project which was assessed for environmental conditions by Ardaman and Associates, Inc in September 2004. The complete Phase I Environmental Site Assessment is included as Exhibit 22. iii. For site located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations establishedfor the ACSC-ST. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. A Phase I Environmental Site Assessment which included the Hammock Park Commerce Center project site was conducted by Ardaman and Associates, Inc in September 2004. A copy of this report is enclosed as Exhibit 22. 17 Agenda Item No. 17C February 27,2007 Page 128 of221 v, Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area, Locate any known historic or archaeological sites and their relationships to the proposed project design, Demonstrate how the project design preserves the historic/archaeological integrity of the site, A Phase One Archaeological Assessment which included the Hammock Park Commerce Center project site, was conducted by the Archaeological and Historical Conservancy (AHC) in December 2005 and submitted to the Florida Department of State, Division of Historical Resources (DHR) for their review. A copy of the AHC's Phase One Archaeological Assessment is included as Exhibit 23. No historic or archaeological sites were found or are known to be located on the Hammock Park Commerce Center project site, A letter dated March 14, 2006 was received from DHR (Exhibit 24). According to SFWMD Permit No. 11-02130-P, SFWMD consulted with the DHR who determined that the project will have no impacts to significant historical or archaeological resources. A waiver application from the required historical and archaeological survey and assessment has been filed by the applicant and approved by Collier County staff. 18 Agenda Item No, 17C February 27,2007 Page 129 of 221 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-0 10-00 La. Third Edition. Florida Exotic Pest Plan Council. www.fleppc.htm. April 14, 2004. Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume m. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. Rodgers, J.A., Jr., S.T. Schwikert, and A. Shapiro-Wenner. 1996. Nesting habitat of wood storks in north and central Florida, USA. Colonial Waterbirds 16:1-21 Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 2002. Draft Standard Local Operating Procedures for Endangered Species, Red-Cockaded Woodpeckers. 19 EXHIBIT 11 UPLAND AND WETLAND PRESERVE MAP ~;.. Agenda Item No. He February 27,2007 Page 130 of 221 ~:i;):;':~',i,';>i;';,2,;,~:~~i~~j~*}:t~~~ ur-..- ON ON ':'J_ _0 -~..- E >-~ .$rom -::::J Ol ro.....ro -o.D1l. c:Q) mIL Ol <( -<(2) ...I iL: N I . ~D~ ij~~O -(O^'S ~3mo:>) 196 ~s- ~~ ils I~ ~~.~ ~i ~~i!~ s~: it if! @f' ~~t ~~. ~.~.I ~ ~ l~i g~! ~i~ ;~I ~i~ ~~~ mo~ ~ ~ !~~ ~Ap' ~m~ ~i~ ~;, ~I~ il~ ~!i ~i~ ~~~I ..~! ..I", ~i~ ~!. @l'l~ h ~ ~;~ ~~~ E~e ~II ~~s g"i~ Z k..!...... ..Uti) fuE 00 I CiliIldO ..m . o a: ,.: u o :l: a x w >c:: ~ Ch W ...J t: < a: I ~-; ...~ "':/ 2::1 ~lil i~ !i ~i ~ i~ ~~ ; ...~ ...! i ::i~ m~ I w 3~ :15 3 3!: .S~ [J~< ~ ~ i ~ B 0:: .... .... z ~ ~ ~ ~ .... ... ::::E ~ ::::E IE o Q ~ ~ -<, 0.. Q ~ ~ u ... o ::> ::::E ::::E -< :I: 0) G ;; ~ ~ ~ ~ ~~~ ~Ul_ ......."" f! t...> b:l" Q..g~ (:) V:I~"t ~ ~ "t3 b) - ~.~ ~ tj~~ ~~... ~ ~] 8 If: Ql to> V:I ~ V:I ~ ~ g 0) I I ! 1 t I """.. 41WO"W Mati - IOOl 'Ol.uQ )o!lXLt _.I. 1M "'" .......IWUIM IIff'\lO N .tlllllf 'OOI\RlJII~ lallltlD:l .... .,.....lfltnl::JlUJCl\IOOI\. EXHIBIT 12 FLUCFCS DESCRIPTIONS Agenda Item No. He February 27,2007 Page 132 of 221 ---------,,------~-- ---~---_._.._---,_._------_._-_.- Agenda Item No. He February 27, 2007 Page 133 of 221 FLUCFCS DESCRIPTIONS Palmetto Prairie. Disturbed (0 - 24% Exotics) (FLUCFCS Code 3219 El) This upland habitat type occupies 0.34:f: acre or 1.8 percent of the property. The canopy contains scattered slash pine (Pinus elliottil) and zero to 24 percent melaleuca (Melaleuca quinquenervia). The sub-canopy contains zero to 24 percent Brazilian pepper, saw palmetto (Serenoa repens), staggerbush (Lyonia fruiticosa), and wax-myrtle (Myrica cerifera). The ground cover includes beauty berry (Callicarpa americana), saltbush (Baccharis halimifolia), staggerbush, hog plum (Prunus umbel/ata), grapevine (Vilis spp.), greenbriar (Smilax spp.), poison ivy (Toxicodendron radicans), and Virginia creeper (Parthenocissus quinquefolia). Palmetto Prairie. Disturbed (25.49% Exotics) (FLUCFCS Code 3219 E2) This upland habitat type occupies 0.18:f: acre or 0.9 percent of the property. The vegetation associations are similar to FLUCFCS Code 3219 E 1, except with 25 to 49 percent melaleuca and/or Brazilian pepper in the canopy and sub-canopy. Pine Flatwoods. Disturbed (25.49% Exotics) (FLUCFCS Code 4119 E2) This upland habitat type occupies 1.46:f: acres or 7.7 percent of the property. The canopy contains slash pine, scattered cabbage palm (Sabal palmetto), and 25 to 49 percent melaleuca. The sub. canopy consists of slash pine, wax-myrtle, dahoon holly (Ilex casine), and Brazilian pepper. The ground cover includes saw palmetto, grapevine, greenbriar, poison ivy, and beauty berry. Melaleuca. Hydric (FLUCFCS Code 4241) This wetland community type occupies 6.48:f: acres or 34.0 percent of the property. The canopy is dominated by 76 to 100 percent melaleuca with widely scattered slash pine and cypress (Taxodium distichum). The sub-canopy contains melaleuca, Brazilian pepper, slash pine, ~d wax-myrtle. The ground cover consists of bare ground with blue maidencane (Amphicarpum muhlenbergianum), yellow-eyed grass (Xyris spp.), and rush fuirena (Fuirena scirpoidea). Pine/Cypress. Disturbed and Drained (50 - 75% Exotics) (FLUCFCS Code 62459 E3) This historically hydric community no longer exhibits signs of hydrology; therefore, it was mapped as an upland community and occupies 2.00:f: acres or 10.5 percent of the property. The canopy consists of slash pine, cypress, and 50 to 75 percent melaleuca. The sub-canopy contains slash pine, cypress, cabbage palm, and Brazilian pepper. The ground cover includes grapevine, caesarweed (Urena lobata), dog fennel (Eupatorium capillifolium), poison ivy, and cabbage palm. Pine/Cypress. Disturbed (76 - 100% Exotics) (FLUCFCS Code 6249 E4) This wetland community occupies 6.12:1: acres or 32.1 percent of the property. The canopy consists of slash pine, cypress, cabbage palm, and melaleuca. The sub-canopy contains slash pine, cypress, cabbage palm, melaleuca, and Brazilian pepper. The ground cover includes swamp fern (Blechnum serrulatum), water pennywort (Hydrocotyle umbel/ata), and cabbage palm. Pine. Hydric. Disturbed (76 . 100% Exotics) (FLUCFCS Code 6259 E4) This wetland community occupies 0.87:f: acre or 4.6 percent of the property. The canopy consists of slash pine and melaleuca. The sub-canopy contains slash pine, wax-myrtle, myrsine (Rapanae E12-1 Agenda Item No. 17e February 27, 2007 Page 134 of 221 guanensis), dahoon holly, cypress, and Brazilian pepper. The ground cover includes rush (Juncus sp.), sawgrass (Cladium jamaicense), blue maidencane, yellow-eyed grass, gulf dune paspalum (Paspalum monostachyum), and rush fuirena. Freshwater Marsh. Disturbed (50 - 75% Exotics) (FLUCFCS Code 6419 E3) This wetland habitat occupies 0.33:f: acre or 1.7 percent of the property. The canopy is open with scattered cypress. The sub-canopy is open with scattered Bmzilian pepper and willow (Salix caroliniana). The ground cover includes pickerelweed (Pontederia cordata), arrowhead (Saggitaria lancifolia), smartweed (Polygonum spp.), maidencane (Panicum hemitomon), and torpedograss (Panicum repens). Disturbed Land. Hydric (FLUCFCS Code 7401) This wetland area is within the Florida Power and Light (FPL) easement and occupies 1.03:f: acres or 5.4 percent of the property. The canopy and sub-canopy are open with scattered wax-myrtle, willow, melaleuca, and Brazilian pepper. The ground cover includes swamp fern, rosey camphorweed (Pluchea rosea), yellow-eyed grass, bushy broomgrass (Andropogon glomeratus), goldenrod (Solidago sp.), and Asiatic pennywort (Centella asiatica). Powerline Easement (FLUCFCS Code 832) This area is occupied by FP L powerline and accounts for O.24:f: acre or 1.3 percent of the property. E12-2 Agenda Item No.17e February 27, 2007 Page 135 of 221 ,-- EXHIBIT 13 NATIVE VEGETATION MAP ~;~~;",,",~_..\, . ,~",'l'~.o ',Z;;::;i,~~ti~#~~'''(''"~'' .~ UI"--"- r-ON ..--ON N_ O _0 Zl"--c.o ,...NC") c: >-..- mrow ==:::lOJ ro.....ro -C.Da.. c:0) mIL OJ <( _:i ~.. ...;;; -; s, u D c( yx:.;;<.;< ;!:I VY 0..,....-- ~ ~ <:(2) :. g 1Il .. u "'.. 2; _" Y ~~~ :~ ~:i e ~~ '+i' ~e ~;~ ~ C-'\ -) ~i NO> ..,~ - )(, ~~...., >. .. <<^ ~... ~ . :e ~~ =0 ..c o ""~ -"w'" ...."'.. "'~.. ~"'e .. ~~ ~~ oO~ "1;. _u ~ &..- ~o ... e .. _u ~.. ...~ .. e '" +;< ~~o( ~~ 'J( -- ~ .. ... u w.. goO ...~ ......~< -(0II1e ~3nlO:>) 196 ~s- OJ '" .. ., ~ co ~ Ii :c 1:i .. .. w U .. '" !2 '" ~ e ~i ~! ~~~ 0:: !~ .... .~ "m!! I- ~h ~~ ~i= . d >- !"'! z o:g ~~-: .... a~ ~i~ ~~f ~i u lL_ i..i ~r ;;;~ 0: IE t": i ~ ..38 ~o ~!:: .... ... i!l'li! ~u:: iZ . ...:l! IH:~ u ~ goe ~H m"" !j!" !l!~ 0:: .JI~ ii!O~ ~i . ::: ~ .... C....IUS ... .. I. ::::E z ~~i !l!.. o:..!l ~U z..lz 0 ~;g ~~s 1D~C11 :;~i ::::E e ~!Zgt; ~iw Cl!i~ 0 .. ~!!ll!~ ~g~ ~a::i ~~~ ~;!m ~~- u I!! ~!g~ g!l!~ ~~!c co 0 ~Z9 ~o\'! ~H ... Z Z -,u u.. lEuli ..." ~ > 0:: !:! -< 0- J: ~ ~ u 0 :2: ::::E -< :J: ~!~&'i~~~!!~~~~~ ,,!!_o"':;S!!lJ~-"-~ a.I t1+t tl +I +l +f'" +! ~ " ":I . . . . .U ~~HH~:~ <too ,,"l OO_ON.,OO .. I ~ >c:: u o :l: ?ii :L: W >c:: < Z rn w -' f- ~ 0: . -~ tl5 151;1 _ 1;1~ tl -rl- ~ - ~ h ~ ~h~ 1;I!;l1;l o~;:~ w ~,~ Ii:h ~ e.~~ o~~o g mffio h-W :l R!~~ <<~~ :E :J2a: ~a.o~ol t:;!iji: Il'l!lWlSlf~ ~~~,,~~~:<~:;: gIUB~!h~ Hosgh~i~~ [ij u..~WW~::l:!5~ ~:3~!:l!SU!ih~! lI/~~lt~~t;lt...cw!! .. w t!~ ~:< ~;J( 'J( .. ~:wrnlij m~;:;t.3 :JaOlOlo.....InQl~..- -'0---...... -'iSlt ..,,!lJ!lJ;;~11I1'l ~...ltS !I! :l ~ !- ~~ ~ 15 ~:: ~ '" I H ! ~ ~< I: l I ! 1 1 I ~.. atll&l.Ul'W ....to:n - 9CIGl"'1 ~ w-tIUl .J. ....fO-M........ IYlllel,I.,LHI.\ MIlnl 'I J~J\9CJOI\'J.ll.lJ IXIIMlJ .....IQ\IWWIH\.C'l!:JS.lIlO\lIOOl\~ EmmIT 14 SFWMD PERMIT NO. 11-02130-PAND STAFF REPORT ~;;",,~';~',,:''';'.,,:>'. . >.>"");l;~.."..,: __~~".'" I.n."' . Agenda Item No. 17e February 27,2007 Page 137 of 221 ... ,..<.,:..,,;,.i;;.:;;i;:,~~'~~~1i;;E~itd'i'::~ ~/" e;;' ':~i't: lI',:;~ .~ Agenda Item No. 17e ! . I February 27, 2007 , ""JnoaIn>. liATXR lIANAGE>mIT tsrnICT Page 13801221 ~AL R1:SQURCE Px:rlMIT 00. 11-02130-P .:\",. . DAn ISSUED: OCro'BER 10, 2002 " I ~ I..'>' :~ ,~ "l .,' F S' , . ~~.."..f ....1 . "'. ". I: 'OIW"lI..'U ...... ...... ~: ..o-tl8 00 ~ >..I.O.U.LEN (I-WoN?:K P 1W. CQI..iI.EOCE CC\ffR€l 2SG5 MY u. llVERf'{XX. OM'E. TMroH SPfllH3S, R ~ \ POOA:CT ~ ~ ~/oJ.. R€SQl.flCE PEJlIMT ~ COOSTRUCroH AID OPERAT'ON Of).. SWFJa:. WATER 1.;,:", ~ SYSTEW SERVN3 A3S.13-.'DlE ~ CENTER. PAAT ~ A 3a.17.~ TAAGT. Wl1H ~' DtSCHAAGE TO ~ CREEK VIA M CCXl.Bt OOlU'IUlIJ CJoWJ... ' e P.ROJECT'l.OeA 'OOtt co..LE.R CQ(.fflY . SEC'TnH 14 lWP 50S AGE 26E !\' t:.: \. .' '.' ~~'IX.IU. TIOIt. s.e ~ ~ He: I. See Iiladled PUG 04<:E-4.321. fll;:idB. IdrinisIraIMI COOs. H~;:i,:,i.~ t~II:_.- is ~ purst.Wll to ~UonNo..' OI04l6-13. dal.t1.fc!:xuaIY 26. 2001. '~tt anttSlO 0cHd JI)d A.ye tJ\c 1\'," ~........'f~~ . ~.,...,. '.ISouth~~ 9hu:r ~I Dtst.rict a.nd Its ~ h:annkss 6"om any and ~ .hrn.:lt"". ~ or llabqltlcs ~ CMy artac ,;~\ ",1;.c'~"Ollbe coostruc:Uon. opcnUon. 1D1tnc.cnancc: (J(" u.se 0( act1vtU.:s authomc:d by ~ Ptnnll. nus Prnnfl IS tssuc:d I.IOdd" lbi: ~~.,'\..~l;i{,,'.l.-:.:;~..~ : ~..........373. Part rv F1or1dii Sla.tulM (F.S.I. lIlld the: ""-",,",,, ~~l "~In. ~'latJon Unik:r;Pu1.' IV. ,.fC~" .~~ . ";"-r- "'}"-.--... "6',:"~-" ~-"'-'6 .-,,':' i. '..L .~.'m f:S.. betWeen ~th f1or1da Water ~t ~ and the ~ ofEnvtronment.al ~ l.saumae ;~"'4W"o!.:~,.iPi:ntwt ~ artUIcabQn 0( c:ompb.ance"'lrlth state wala" qua.l1ty sUndaids when: ~ purliLUU\( 10 Section.o1. ('~, ~ ~ ~-500. 33 use Seqloo r3-4l. unIeas thJs Pe1mtt is Is5txd JlUI""SI.WlllO \hi: od Itnpr\:lYt"menl provtMos ol5u~ . .'. .-.,.,. . . 'il;, ~4H{lXbl. f.s..cr~~stall:d~ . '. :.~\,~.~ lD1t1 be transfcrrttl"punuanlltl \hi: a~te ~ oC ChapleT 373. F.S. and ~ctlons .wf;'l.6107UI a.od (21. and . I ~ !~~~l{11l. (2). and (41. Floc1da AdtptnIstnUVC: Code: (F........C.). 1bts Pamlt may,be mokcd.. ~nded. DC" taodtt\cd at a.ny tkne i.;.~.> ~ tatlx: ap{lC'llIX1ate ~ olChapttrS73.. r.s. .a.MScctkxUoWE.....3SUlI. (21. and 141. FA.e. .~/' . .;~ I'enIUt ah:lII be ~ to the Cencn.\ CnodtUons scllOcth In Ruk WE-.f,381. F.A.C.. unkss waJvcd oc ~ by the . ;:~ &aid. The: App&ation. and the ~lat ~ Permll Stall' Rr:vIcw ~rnm.uy ollhc" App&aUod. Indudtn<< '\'.~.~ IIOCi aD pbn:sand spmAeatlQcJ.$ tnCccporaltd by rclcrmce. are a part of t.hts PcnnIl. !ill a<:UYtti:s aut&omx:rl by ? . ~ ahaJ! be 1al{l&emcD~ a$ set 5xth In the: ptans.. spcdl\catloos. and ~ a1b:r1a as set bth and InolfpOnLcd :il(-.,be"\"~ ~ PrnnIl swr Rt:vk:W Sunamuy. Wlllwl 30 dap '1l1\a axnp&euon ol COCl$U\.lCUOIl ')(lhe pcnriltu:lJ r~. the I't;., JUlttcc ~ llUbrn1l a WI1ttm sta1emenl ofaxo:pkUon and c:crt1llca1.Jon by a rr&lSten:d pro~ 'eng1n<<r cr other . ,/~~-& ~ purIU2Ilt ltllhe apprtJllllate prl)YtStx1.S 0( Chapter 373:. F.5. ~ SccUo.ns 4OE.4.36l and COE-USl. r.....e. ..:'f!1'ibc Cva't the popc:rty Is IIOId cr othcrwt.,o: 0lClW:yed. \he I'1:nnIttI:c wUl ~ 1&a1* (or compl1a.ntt wtlh thIS Pumtt untSJ Iranskr ..1r:,~ ~'bf the Dbtnc:t purauant to Rule olOE-l.6L01. r .A.C. . f "If.. ~ . ?:-,... 'iA:C:;W. NID GENeRAL COtIJf1'IOHS AREAS FOlLOWS: ~. .ill-. GeEPMES I. 4 OF 7 ""',i SCEPAOES 5. 7 OF 7 '.. \ ~ . FUOYtmt TtE a.EflK OF nE 60UTH (. .: ~,~:" ON ORIGINAL SIGNED BY: f' JENNIFER KFuMLAlJF 'l.; . BY ~: ~ J .~ .,J :i J '"11 'J "'~ ~ -'1 ~ J ;~ t: (24 SPEaIL cotIXOOHS). (111 oaEfIAl COfIX'DONS). SOt1IH A..ORD\ WATJ;R MANAOELEHT DIST1OOT. BY OS 00/ERtU18OMO . 0EPurt ClERK ORIGINAL SIGNED BY: By GARRET WALLACE JR. . ~Tmr5ECAETAA'i . PI.GE 1 OF 7 GI~/ if /fin.. " '.", -~ -. "..-. .~ -- Agenda Item No. 17e February 27, 2007 Page 139 of 221 e ct PC:f'.H ~ T ~I/): I ; .. Ij;?:.f .i'). ;: PAGE 2 Of SP~UJ.. co.mITl~ 1. The construction phase of this permit shall p.xpire on October 10. 2007. 2. Operation oC the surfac~ water management system shall be the responsibility oC JOHN I'CKULLEH . 3, Discharge Facilities: Basin: Basin 1. Structure: CSll 1-)" dia. CIRCULAR ORIFICE with invert at elev. 9.65' NGVO. I-U.S' W Ie 3" K 1UlCT~.AR ORIFICE weir with crest at. de\!. 11.6'3' .NGVD. ~eceivinq body : Co~li~r Boulevard Canal '.Control elev : 9.65 feet NGVO. Ill.6s FEET NGVO DRY SEASON. ::i. . :\~~.:. 'Basin: ~sin 2. Structure: CS.2 .:. ./.~-6. dill. CI~ ORIFtCH wiJ;h invert at elev. 9.65' NGVD. :':."'.'r~~'h'8" W Ie 1" H R.Et:TANGllLAR ORIFICE weir with crest at elev. , 'i~;'::.}.. "'Recp-iving body : Collier ~ulevard Canal . .~j'J'.,Y coatrol elev : 9.65 feet NGVD. 19.65 FEET NGVD DRY SEASON. 10.l)' NGVD. ""1' per.ittee shall. be responsible for the correction of any erosion, shoaling or vater quality probl~ that result from the construction or operation of the surface water Jll&n4qeeenJ: .-y8t:f!llI. Hell!lures shall be tlllken during c:onstruc:lion to insure that sedimanc:ation andlor t~b~aity problems are not created in the recei~ing water. The Oiscrict reserves the righc to reqUire thac addicional vacer qualley treatment lI'i!!'t:hods be incorpurated into the. drainage SystUl if such IIleAsures are shewn to be ne;c,Bsaary . Lake sIde slopes shall ba no steeper than hi Ihorlzontal1vertical) to a depth of two teet balow the control elevatIon. Side slopes shall be nlU"ture4 or pl~ted frolll above control elevation to insure vegetative growth. unless ~~ . FacUitle. other than tho". stated herein shall not be constructed without an approved modification of this pe~it. ':.;./!.. . ~ atable, peDlUut and aceo.sible elevation reference Ihall be e.tabUIlled on 01 .. ::. "~'1lI4thift ODe hundred (1001 feet of 411 penaltted dllebllzvo atructuru no later than tho au~aaion of the aertifieatlon report.. The loc&tLOft of the Ilev.tlon reference .uat ~ noted on or with the ~ertiflc.tiQn report. . The peralttee ahall provide routine maintenance of &11 of tllit cOlJt)Onentl of the aurface vater lI\&IlaVelIIIIlt .yatem in order to remave all trapped sedlmentaIdellda . All Ntedala ahall ~ pJ;opuly disposed of aa required by 1a",. "aLlure 'to properly ..int.in the ayatem may re.ult in .dverBa flOoding conditions. HlnLmua building floor .levatlon: BASIN: BaBin 1 - bASIN: Basin 2 - 15.10 feet NGVD. 14.00 feet NGVD. Minimum road crqwn elevatLon~ Basin: Basin 1 - Basinl Basin 2 . 13.95 feet NGVD. 12.80 feet N~1nl. 13. Hinimum parking lot elevationl Baslnl Basin 1. 13,70 feet NGVD. Agenda Item No, 17e February 27, 2007 e - "ERM;rNO: ll.011:;0." PAGE 3 Of") \ .~ L\~~S ~ a:: :'~';'1.:; _t": t', ~ '.'~\ "J'- h. . . . ~ . ~~ . I ~. l'erRla~ant. ph}'!> i t:~ 1 IIIil rkers t.:;,3 ~ ;tilt!: ~l:g ~ ~:e j"::'.:Sf!:'VC ~;':at liS of Lne ....et land preservation a.rea.s a.nd buffer zones shall be placed as sha'offi on the project. pLa.ns. The ~rkers shall be maintained in perpetuity. L5. prio.r to the coaocowmcelOOnt of canst-ruet ion. the per imeter of the ...-etland/upland preservation areas shall be fenced to prevent encroac~nt into the protected areas. The pe~ittee. 'st.all notify the Oistrict' s Envirol\ll8ntfll Resource COIT{lliance staff in writinq upon completion of fencinq and scbedule an inspection of this work. The fencing shall be subject to District staff approval. The pe~lttee shall ~lfy the r.:''!'' . fenci:ng 1f Oistrlcl: s'taft determines' that 11: is insufficient. or is not in "..i"~li.~f~~ce with the intent. o~ this peClllit.. fencing shall relMin in place untll all ~~~~Q~~~~t construction .ctivlt~esare c~lete. :',~ :\i;-d~ered or threatened species have ~en observed onsite. HO\lIever. it shall be . ~liE~Jp'!~tt.ee'a responsibilit.y to coordinAte with the Flori.da Fish and Wildlife :'~;:.~1=~e?yation COllldulOD a.nd/or the U.S. Fish and Wildlife Service for appropria~e ':':~~:":~,~~iJ'!'iaa.nce. reeoanenda.tlons andlor necessary pertlli t s to Avoid ill'PactB to listed <..~.~, ,'... \'i' :'~o\J\,:" .ape,:: es. ~~~:."L f~.:'r .,'........t.Ho:41.ter than January 10. 200J. the pendteee sl\all provide to the District t.he 'r.~,:~':t.~l1~".!!xec:uted and recorded conservAtion eas_nt docWllene deplct!!Ld" 1n Exhibits 8A- \ ....: 'BG to this 8t~~~ rq;KJ~t, . ;, :;t. "'~~" .- ,,"l9';i;~:'Ni )lverige 25' wlde. ainiJlllUll! IS'. buffer of undisturbft4 upla.nd veqetation shall be '"N r~. "\a:iintdned between the pro[)Os~ development and existing _tlands. Buffers shall be '0; ,". "'seAlced and roped and District:' environmental staff nOI:1.Ued for inspectlon prIor to , ", ",i/ clell.rinq.. ,., ~f .:;..tr. ~1'~':" -~ later than January 10. 2QOJ. and prior to llllpacting wetlands. the peX1ll1ttee shall ~1'.~"':~.~lt verification froaa Big Cypresa Kltiqat:1on Bank that lL.Ql forest~ freshwater .~' : eredits have been debit:ed frOlll tbe t>>an~ ledger as .1tlg~tlon for this bpact. ~ mitigation progr.. for t~e preserve areas shall tie ~lemented in aceordance with Eld11bit Hos. 7A-7C. Tb~ permittee .hall preserv. and enhance 1.15 acre. of wetla.nu and 0.20. acrets of upl~. AdditlonaUf. the applicant wUl purchase 11.07 for_lted fre.hwater oredlt. f~ Big Cypre.. M1t1gatlon Bank. 'l'be Dbtrlct re..rves the riGht to require relDlldid ....ur.. to be taken by t:ha ""raitt.. U IliH\l~r1ag OJ; other 1nfofNUon dlllllOnatrat..' that adver.. '1!ll)&ct8 to oh,lt. or ouatto Wltlanda. upland con.eN.tlon are... or wffer.. or other surface vaters have occurred d~. to project related .ctlvltie8. A IftOnltodnv pro;r.. .ball be ll11PlelMnted 10. accordance with Exhiblt N08. n,.-7C. 'fh. IIOIlltorlng proar.. ab&ll extend fo~ . period of 5 yeara with annual report. ..ublUtted to Diltdct ataU. At the end of the ..cone! IftOnltorlllg period the .ltlgaUon ar.. all conta~n an 80\ survival of planted veaetat1o~. The 80' survival rate shall be IlAl.ntall\ed thrOl.lghout the remainder of tbe IIIOnltorlnll proqraa. with replanting as necenary.. [f native wetlu4. trandtlond. and upland specteR do not achieve an 80\ coverage ,.,lthln the Initial tw.o yearll of the manLtorinq provr... native apecies shall be planted in Accord~nae wlth the lMlntenan.:e program. At the end of the S year DOIlltorlng proor:am the entire Illtlqatlon arel .h.n contain In BO\ lurvlvAl of planted vegetation And An 80\ coveraqe of de.lrlble. obllqate And facultAtive watland specLes. 23. ^ ~lntenance progrAUI Ih.ll be implemented in accordance with Exhibit N08. 7A-7C for the ~re.erved'enhanced wetl~nd/UDland areas on A requl.r basia to ensure the .- " Agenda Item No. 17C February 27,2007 ""r] "1~""'" Ie e P~RHIT NO: 11.02IJO-P PAGE 4 OF" i ir~tr-gr:lr .';t!~.,.:. ":'-lhllity of tho!;e areas a~ p\:r~.::._f:d. ~"'..1:::.':-:~I~!~;::-1!"51)id' 00 conducted in perp.i!tul~Y lO ans'~re thilt the conservacion area is lMintained [cee irom Catll90ry I exotic veqer.aeion las defined by the Florlda Exotic Pese Plant Council at the time of pentit issuancel ilftl'oe(jiately follOlo'ing a maintenance activity. Coverage of exotic and nuisance plant 'species shall not exceed 5\ of total cover between -.aintenance activities. In addit.ion, the pellllittee Shilll manage the conservation arelu such that exotic.lnuis~nce plant species do not dominate anyone section of those areas. ::. ..,./.~~.. .Activities associated with the iJllllementation of the micigation. monitoring and . "~:'\ .~; _intanance planlst shall be cocnpleted in a.ccordance with the work schedule attached . ..\~:. ~,,"Exhibit NQ. 9.. Any deviation frOtll these t~_ fnlllEls ",ill require prior Appr~val ~'. from the District's Environmental Resource Compliance stAff. Such requests ~st be ":;'..~ -: ~;Iide. in vridng and shall include III reason for the change, 121 proposed " "atartl finish andior cClIIIplet1.on dates 1 And 1 J I progress report on the status of the .( I . ,..... _,to . 1 i i . ,,\.:. ,..~pr.Gje<:t oevelopment or a t gat on' effort. ~'f.\.,C~:"'~ '" ,:~.;"" .> . .::~,;~,' . ..~(..:fJ.:"l'" "r:~::~" - . '\ . :~ :.'. .;.~. '~~'i;" I , .~ ., .' ~ '1 J ~ Agenda Item No. 17e February 27,2007 ~'.""'.>""'"'" ... '.l.&"~~i. . ..~. .~:C;. ~f; ~: r 1.. e e ~::?H;'I ~;O; I; .O:!l )/j.p P.'IGE 5 Of 7 GDnOUL COUDIT row.; * l. All actlV1UeS authorized by this permit sh..ll be implem~nted as se:t forth in the plans. speciHcations and performance criteria as approvet! by this permit. Any deviation frOffi the perroitted activity a~d the conditions for undertaking that activity shaH constit.ute 3. violation of this permit and Part I..... Chapter 311, F.S. 2. This pennit or a copy thereof. complete with all conditions. attachments. exhibits. and JDOdifications shall be kept at the werle site of t.he permitc;ed activity. The cOOlplete peflllit shall be availabte for review at t.he work site upon request by District staff. The permittee sru"ll require the contractor to review the complete permit prior to commencement of the activity authoriz~ by this pennit. i j ~. . 3, .:Act;vities approved by this pennit shall be conducted in II. INlnner which does not '!) [~'~i:..""fus~ v.iolations of State water quality standards. The permittee shall illlplement .. ,",.::~t 'i>anagement practices for erosion and pollution control to prevent violation of ;ffii;iite ~~ter quality standards. Teurporary erosion control shal! be implemented prior ':fl~':::~~ ::at[t"ing construct ion. and permanent control measures shall be cDq)leted within i"/.~.:7~~!~~ .!?f any construction act.ivity. . Turbidity barriers shall be installed and ~~~;~~~~~ined at all locations where the possibility of transferring suspended solids . :.:Xi~F_o,. the receiving waterbody exists due to the perlllltted work. Turbidity b:arriera :~~':"'!~~H 'r~in in place at all locations until construction is completed and soils are :~i ....tabllhed and veqetation has been estllhllshed. All practices shall be in .' <~...liaefordance with the guidelines and specificationa desc;ribed in Chapter , of the ,":;?~r.lti~~~' Land DevelopQlef\t; "KMrull'l ,'"?.- 'GUide to Sound: .Land and Water Kanagem.ent 1,. . '~;'I~'rt_nt of 2nviro~ntal R~btion. 198BI. incorpor.ted by reference in Rule .i;;.:' . '(OE':;~.1I91. P.A.C. unless a proJftCt-specific erosion and sediment control plan is ,{.;-: : Y'aWI-Qve<1 as part of the permit. Thereafter the permittee shall be responsible for >,of"".: .'. thl! r~val of the barriera. The permlttee shall correct any erosion or shoaling i':;i;" ,.' 'that . call~es adverse il1;)acts to the wllter resources. .1 ~,. ...... ..;..." ", ~;c. . The permittee shall notify the District of the anticipated construction start date vi thin 30 days of the date thAt this permit is issued. At le.st 48 hours prior to ;:.,: '. c~cement of Activity Authorb:ed by this peX1llit. the permittee ahall sul:lalit to :," ~iJe_:p.t.tr1ct an 'ErI\:lronlMntal Resource petmit Cqnstruetlon COllll\lmCell\e1\t Notice FoX1l ~f.' '. ~r 0960 indiclldnll the actual start date and the expected construction '(1' . cOli{>>letion date. .I(~.l:-' 5. When the duration of construction will exceed one year. the rermittee shall submit construction status reports to the District on an annual basis utill~lnq an' ann~al status report fora. Status report forma ahall be aWbaitted the following June of each year. :';.~':" . "!th1n 10 dAy. aft.er cOl\'Clletion of construction of the permitted activIty, the .~..:. .pardt.. shall allbllt a written st.t....:!: of cOllt)letion and certification by a f?~\':;~': reghtered prof.aaional engln-=er or other appropriAte individual al aqthorlzed by i"),.:r- law, utiUdng the aupplied Environmental' R...ource Pel'llllt Construction '\~...': : i 'C9Cl!Plet1on/CertUicatlon pomHwllber 0881. The atatement of ccmpletion and ....'t ..S"{.,:.... eertlUc.tlon allall be based on onlite observatIon of consuuction or review of ..- .o! ~~ . '. built drawinga for the purpose .of deterJllining U the work WAI cOlqlleted in .if cDqlUance with perlllltted plans and apeeil!catlon8. Th18 submittal ahall aerYe to . \'~":. notify tbe DbtrLet that the sy.telll is ready for inspection. Additionally. . if " dsviation from the approved drAwings Is discovered during the certification process. the certification must be accompanied by a copy of the approved permit drawings with deviationa noted. Both the ot'iqind ll~d revised apecifications IllUlt be clearly shown. The plans .uat be clearly labeled as "AS-buIlt" or "Record" drAwing. All surveyed di~n.ions and elev.tions Ihall be certified tiy << regIstered aurveyor. 7. The operation phase of this permit shall not become effectlve: untLl the permittee "--'" Agenda Item No. 17e February 27, 2007 - e ?::R!1!T rlO: It-GL1JO-P PM,;:;' Of has campi i~~ '.,;~h t!~e :equirements of .:o:::.:it ~':'I\ loil "bv':~. iI~,d s\:o!i".itte:d a recrJest for crJ:\\~~r::~1.~t~ fit E::v~ :""("n~-2t:;:al Res~:~:(::.:!: ~'.~~i7'1r. f:-'::!:", !:-:~s-\:-~:(":\:'l~ Phase (,0 Operation Phase. form No. 0920; the District dete%"rr.ines the syste:n co be in compliance with the permitted plans and specifications; and the erotit'll aJ:>proved by the District in accordance ...tr.h Sections 9.0 and 10.0 .of the !lilsis or !I.P.'.lttM for Environmental Resource i'el'mit "ppHcations within the South Plorida W.Her Management District, accepts responsibi lity for operation and maintenance of the system. The pennit shall not be u'ansferr!d to sllch approved operation and lllalntenance entity untll the opeC"iltion phase of the permit becomes effective. f'ollowlng f.nspecl:ion and approval of the permi.tted system by the District. the permittee sllall initiate transfer of the .perl1l1t to the approved responsible operatinq entity if different from the permittee. Until the pe~it is transferred pllrsuan~ to Section 40E-1.6107, F.A.C.. the pennittee shall be liable for cQmplla~ce with the te~ of the permit. S. Each phase or independent portion of the pel1llitted system must be cOlllpleted in accordance with the permitted plans and permit conditions prior to the initiation of the' pennltti!d use of aite infrastructure located wLthin the area served by thAt portion or phase of the system. Each phase or independent portion of the system .ust be completed in accor~ce with the permitted plan. and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portIon of the system to a local qovernment or other responsible entity. . For those 'systems that wlll be operated or ~lntalned by an entity that wILL require ilII e..ement or- deed restrict-ion in order to enable that entity to operate or ~intain the sy.t~ in confo~nce with this permit. auch easement or deed ["estriction III.lst be recordltd 1n the public recorda and subcaitted to the Oistrict along with any other final operation and ~intenance document. required by Sections 9.0 and 10.0 of the Baala of Review for E:nviro_ntal Resource Permit applications within the South Florida Water Management District. prIor to lot or units sllles or pr.l,or to the c~letiQn of the system. whichever comes first. Otber documents copcemlng the eatablhhment and Authority of the 'operating el!-clty I;lIUst be fUed with the Secretary of State, cOWlty or lIIUIliciplll entitles. FinAl operation and lllaintena.nce doc:wilent8 IllUBt be received 'by the District when ~intenance and operation of tbe aystem is Accepted by the local vovel'Dlllent entity. Failure to aubalt the app~pdat:e find docUDBnta wUl reBul!: 1n the permittee remalnil\ll liable for carrying out 1I&1ntenance and operation of the permitted sylltBll\ and any other pera1t cGnditlonl. 9. . I Should any other pend.ttee ahall t.pl-.entatioa 80 required. 11. Thi. pe~lt ~oe. not eliminate the necellity to obtain any required federal, atate. loea], and .peclal ell.tdct authorizationa prior to the .tart' of any activity approved by this peralt. lfh!a penlit clo.. not convey to tll. pendtte. or cr..te in the penlittee any property right. or any inter..t in real property. nor do.. 1t authadie any entrance upon or actlviU.. on property which La not owned or controlled by the IMlmltt.., o.r; conV'.~ any rlcrhts or pl'lvllege. oth.r than tho.. .paclfied in the pend.t and Chapter CO~-C Ot Chapter 401-CO. P.A.C.. i'eirulatoxy agenCl' require chang.. to the IMraltted system. the I\Qtlfy the Diatdct l.n writi.ng of' .che cbanqu prior. to that a dete~natt~~ can be made whether . permit ~lflcatlan La 12. The permittee b her.by adv18ed that Bection 253.77. F.B. states that << person my not cOll'lllence any excavation, construction. or other activity lnvolvLrg tha use of aover.lgn or ather lapda of the State, the title to which is veated In the Board of 'rrulteea of tbe Internal IlllProvement 'rruat Fund w1thout obtafnlng the required le.... licensa. .....nt, or oth.r form of con..nt authorizing the proposed use. 'l'heL"efore, the pentHta. La resPQnaLble' for obtainlng ..ny necessary authorhations frOlll tbe BoArd of 'trustee. prior to cOlMIencinq Ictiv.ity on aovere1.Qnty lAnds or other atate-owned lands. U. Tile penqittee must cbt..;n a Wolter flae permit prIor to construction dewattlring, ~ Agenda Item No. 17C February 27,2007 r-age 144 OlLL I e e ?::,,}!J'j'I.iO: II-G2lj(I-P P!-.GE , OF 7 ;Joles:; the '''o~'k q:;alifies fo: a genecat permi.t pu:-suar.t to S~Ii.1!ie,':I:iQn 402-20.]02(41, f.I'..C.. <1130 ~::".,'r. "'.~ 7hlO "}Io NOI:':c~' ?,;le. 14. The permittee shall hold and salle the District hannl~ss Horn a~"I and al ~ damages. claims. Cf ::db:l1r.:~s :<I!dch !!lay arise by r!luon of the C::Jr.so;:'.~t'r.\"n, alteration. I)peration. mall.lenanCi!. removal. abandonment or use of ~ny Si's~em duthorized by the pe(lllit. MY del.inat'ion of the elCtent of a wetland or otner surface water subadtted as part of the pemit applicatjon. includi~q plans or other Ilupporting documentation. shall not be considered b~ndinq. lUlless a speciHc condition of this permit or a fo~l dete~nation under Section 373.421121. F.S.. provides otherwise. The permittee shall notify the District in vr! t:ing within 30 days of any sale. . conveyance. or other transfer of ownership or control of a'. permitted system or the real property on whIch t~e permitted sY8tem i8 located. All transfers of ownership . Of transfers of a peClllic are ~ubject to the require~ncs of Rules (OE-1.6LOS and (OE-l.lilO'l. r.A.C.. The pennittee transferring the peElllit shall remain l1able for corrective actions ~hat may be required as a result of any violations prior to the sale. conveyance or other transfer of the 8ystem. J J J ~ ~ =i , 15. 16. Upon reasonable notice to the permittee. D1atricc authorhed staff with proper' identification shall have peE1llissio~ to en~er. inspect:. sample ~nd test the system to iRsure confoClllity with the ~l~na and Bg8cificatlon8 approved by the permit. Ii';li'1iltQrical or arc:h!l~l99ical art Halilts. ara .discQvtlre4 a.r. any time on the project aLte. the pannittee shall - iiiine<<na"Fely natHYd.~tl'.e' appropriat-e 01str~ct service center. 19. The peJ:1llittee shall irnnediacely notify the District in writinq of any previously submitted info~ciQn that is later discovered to be inaccurate. ~ " J . 1 l r(.':'-"'.' .. r' {', . ., . 1,':1 .' . -~~... fit...... i J{\~. ::::'.'. ~;~~.... t':. - S' ~ '.,'" , ,:', ....::.. . . ~ .nTCR ~~Jl~ No. 17e IV" I ... "F~l}ru~ry 27, 2007 Page 145 of 221 ElMROHfjrAl RESOURCE pE.P.Urr .roe......n, ~ ~ PwmllI (1) l.Xlk$s ~ O(~. modfIed tlt ~ 0( an IflVirortntntll ~ P&ml4t luued l.Odric flU chapW or Chap4.t( ~~. F .AC. liltS foIowa: (i) For II ~ 1.ppfO\'l1. two years from .... dUe 0( ~ Of N tW1 ~ lS I condalon 01 hi pGtmi.l.I'lIm wihi't' W\at peciod an ~lb1 (or IWl ~ or sbtildard ~ penN Is Bod tor Wl'f penon at IN JX'Otect. If W\ ~l!k:io tor 10 ~ re:sotra ~ b Rod, No ~ ~ ~ remains valid lXld fn.ll action Is tWM 00 rht ~.r~ petrnk ~ llllllppb&n Is grvMd. Iheo U'4 cooceptuaI ~ ~ wid for In ~ two yaan ffan ~ _ of b:winCI of !hi pwml. CooceptuII ~ ~ haw no ~ 0( Ibtldvd ~ 1oWoc~~ ~ p4ICffil ~ fitd for.. pwiOd d two)'em w.r expire ~ Iillhl irid ~ bt two rev period. '. (b) For I ~ approvJJ flied COOCIJf11lOlty Yilth . ~of regOOaJ inpact (DRI) ~ for ~ IpprCMJ (ADA) vd a local QOYImmtnt~ plan ~ the ~ of h ~ approvaIlhaI be two VIllI fran wtlIcfMwer one of I1t toIowhg OCCtXIl.l the . ~rWa:. . . 1. Ihe tIftcf't'I da6e 01 fwt local goyemmenr. COC11pC1IheI asNt plan ~ 2. ..... tIfIdM cWII at flt b::aJ gowmmeot ~ onw~ 3. III dMi on wtkh !he 0istrW;t issuts ~ cooceptUiar .ppnwas. or . 4. .II!. _ ~ d lie resaUbn 0( any c::hacnr 12OEI. F.A..C., ~fjye procetQog or oIbtr I!QaI ~ . (4) FOt 111 ~ C( Itandud geon ~ mcxrceperml. rIW years 'tom !he date 01 \s:StJanCI:<< auah mn of tine as made .. cordtion 01 fle penna. . Cd) For. nobd genenal pennl Juued ptnUanI to d1IpCer ~E"(()(). F .A.C.. rive )lean from f\e date .. notice or Intn to... fM pertnl51 provfded n ChI Oisfrlct. . . (2)(1) ~ p,mcrbed btJ apedal ~ CXXdIon. pwmIts exph alDna.tic:aly according to f1fI tinehmn t~ k1 ,.,... It application lor ext<<lIIon 'Is rMde k1 writing pcnuant 10 It.inection (3t.h perd~ahaI rirMIn il.f\II ~.and .tl1lCt I.rItI: .. _ '. 1. the Gowmfng Board takes action on In'~ IaiIixtlnsJon dan ~ permit. Ol 2. stall tak.a action on an application far 9X\en$Ion. of a IIIndard gGnInf pemUL (b) ~ 01 hi project OUCfaJIslruct1n shall net CCX1SIiIII8 I. YISting of the pennlt. (3) The pItmI uteosion Ih&I bllssutd provided tsaI . pecmIttM INs a vmuen naquG$l with the Pistrk:C ~ good cause prtor 10 the expnlian of the pIm\It. For hi ~ of Itlb rUe, good ca~ ItlII mNn . Hi of txtanuating ~ aut&ide of ~ ccnltd of 1hI~. f\ewests for extenSIons. wht:h ahd bckdt documIntaficn 01 fWI. ~ ~lC8S Ind haw they have ~ this pioJect... not be ~ more ~ 180 days rxIottct.,. aphJbi date. . (4) S&bItdII mocIftcaIions to Conc:epfuaI ~.. abItId" ~ a( I1e CanctptuaI AppnMllIar two yNtI from the date of IssuInce of.. mocIIi.loh. Far" purposes Cf this HCtibn. tw-.m........ modiIIcatioA-1haI mtan. rnodIie:dtM WlIhIch Is ~ ~ to IUd 10 IUbsIIntiaIr cI'fIrInt ..... raawce or ttMtanmentaI inc*b .Hch reqiInla d8tdecf raview. . (5) ~ modIIcdonI to Irdvtdull or atIndutf IJII*If .MrClln.c~ ~ pennb Iautd pt.rIUlIlj to . permllppIIcalIon .xtend IHI dLntIan 01 the pennJI for"'" yen from the data 0I1puancI of ~ mocIdcatIan. IncIvkIuaI or ItIndatd gtnnIlIMranmtntal ruawce pennlt . rnocf6;aUana do not -=,,=1Ion tit . conciptuallllPC'CWlL . . (6) PInnI InutdpnuantlOIUbucUon4OE-4.331(2)(b). FAC. (\IU1Ir modIicItiana) do nee IX&Ind the dInlIan of . ptnnIt. . (7) . F...... ta campltll ccnllrUGUon or IIItrIlIcn of the iIIf_ wallt I'I\InIQImtnllVltlm and. o&tU1 apwatlon phaM appnwal.lOrn Iht 0Isttk:t Ytithb the ptemk cUiUon Iltd requfre . new pennlt authollzalJon In order to conlklut canstrucUan Lnlau . permit .dtnllon II grl(\ted. IpIciIk:IUltIattr m.o.u.m.t II F.'. Law~ 17U'~. m..'I.I1Utl. mca F.&.HIscaIy-New ."", Mwdtd '.Sl-12. 12.'.a. FGcmIrfr IGK..&.07(tl. Mwded 701.... U&It'M.1.m4IndICt J.t...~. 'o-SoI5 ~ , I Agenda Item No. 17C February 27,2007 Paae 146 of 221 SoUTH FLDR!A W\TER M.-\:"JAGF.\IE.'T DI~RICT Rlt .\JtJll;unlltl~~t\....1 n'-lf'..ltrJ~'.lll\ ;!O"'!. ":l.'t~. \':..,; ....:._..~".. r= H \f':!.....H...;.~.)I.:.. n'r\i..,.I.....;..~~.~ "~"ih"'h..\J,.ln...~ !-',', tl".... ~~.,~ \",,_,;'.tJ"',i'~ ..1.. c: '.::".~,I....(... "'\".''''n~'':'I't\ ... .' September 2~. 2002 John B. and Dca A. McMullen ~S iloyJl LivctPQOI DriVe Tarpon Springs, A..: :H689 c.~: Am:iIicatioo No. OI04IS-U. na...oclc Park CO'IIUlltfU Ceatre ~ COIlier~. S I.vTSOSIR26E F~ is I.: f'OPY of thbDistrlct'utaff report' covuill8 the permit a.PJlI~n referenced therein. It is ~.thit)'tx! read ~ staff'~ ~ and ~ it~ cantero. The rec:ommendidoos IS $hlted Ul the staff rcpoIt wiU be presCrted to our Govcrrung Board fix- coosidcrIr:ioa 011 October to, 200i.. . . SbouId ~ widl to ~ to the staff rtCQ~ dr file . ~ please provide written Objcdions. petitions mVor waivers (n:fcr to thq. attached "NOtice of Rights.) to: Jcnnifa' Kruml&ti( n-v >hi Clerk SoI,Jth F1oddi. Water ~ District POst Offiaj Boi 24680 . West Palm ~ FJ:orida,3341~ The -Notice of Ri~. addresSes the proecdores to be fOllowed if you dcs1rc . public ~~~ ~ ~iou~ '~~~.J:U: :icnvisfjr~~ r fiJ'* ~ ~ BnaI .~ action, CVl:l\ if . with the ~ reCommeMamn. as the 0c;wcmJng ~ may take Goal ~ ~n which diffens nutcrially ffom the proposed agency aCtion. Please c:ortact the District if yau l1a.ve any questions c:onceminS this matter. CERTIFIC;:ATE OF sERVICE I HElUtBV CERtIFY that .. "Notice of Rildu. has been mailed to the addtcsscc this 20Ch dayof&qumbcr. 200% In accordance wfilt Section 120.60 (3). Floddt, StaWtca. Sincerely, p/,z#.JI W.R. Howard. Jf" pi;" ~ ~lrcttar Bnvltoamerulll.ealn:e IlCsuladon Dqwtmeit WlUiljh CBR.TIFmD 1# '7000 153000002746 1299' RBnJRN RECBIPT REQUESTED "1 . . . 1 J ; l-:t 'I ~~I"\: Il. '''I~ I , ,t. I. !. ~ I ,t ',t : Trll.n I:. \\.llIun.... I '.f_ . ...', Ln\<\,'IlIL Un.L.hl. i' f . \'". '..,.. rAn..-L, 111,.01." n.on,,' tl."\'.' "-.,u. f 1......... 1"'1.=-" \1. h...~' ,.r;" . IIl1d' \1. I lid.., .:.,...1.,...1: 1.'t1\"w,'. I',' t.:.. ....,. . '\',. ..... 'I~ .. t I.. t. .'l:' .. ..,', --r-~~~ ", . Agenda Item No. 17e February 27,2007 Page 147 of 221 .e e /-.". ~)'~:.: .J,. If.,. r~t... rf:t;" . .~ ~ . '. lMt D3I6e Fot ~ A.ctIon: Odober 10. 2002 fHOMOUAL ~AL RESoVRCE PERKlTSTAFF ~ J.~t:. . j . . .:c. Profed HtnM: HarrInoCt Pal1t CooYnerce Centro ,.,... No.: Appk~ No.: 01Q.41&-13 .~~~alRNtuce(New~) . '. ~ . Collier Cotny, S14ff5OS1R26E . .,'. '"\.,~: John BAnd Oc:n A MctnuISen y :':. "~i:i'~ .r~ . ~...~-;:, " .:t. ....&I..h EnUty. Jam Mc:trIJIIen :::'.~:: .~t;m::~'~' . ~~PiHl'~ ArM: 38 17 acras . ~,~:: ..'i~1 '..'''' t. . . .f .' ~, :..... ", . ,";... ..' . . <,.\:::'. "r ...~Land'UM:'~ ',,;.::~~~"~. . .... ~ ~..: . ResIdential ..~~;. . I( . .' "'''~COUJER ;. ~ Bafn: ~I '~"t..if.:.. .:~....\.j: '... .". ". . . .,. \; ,.' ~.'.... .~"iBopy: Hendenson Creek '!~~t.,' .';-- '.-:--:--- ~.., -... - "_~_._..._ ..._... ':k~'" " .....t~~~ DIatr1ct: NA :}~)':-~ fr.~, .... ...... :.:1:-.... . .t~I:'.. QndI' '{..:/.,. :~: ~~l.....,. ..;j, n..:.. ......:._... ^--M-. :"'~':.~... .', r-:.r:I~' .~. '. .,. rl........ WI""': ~.?~ ~ .... :JiFpiir.)~' ~~.onde.: '."," ..,.~ ,"~. . .....:;........ ,.. ':~0nslII: ...t I ~I~ . .. . ".: , . ~. . .... '. :l?ci:' . t . . . . . .:, \ .~' ~~.ilT.a DiatrIcc: Vea "l;~'.. ":~~~~ No '. . DRAfT Subject t9 Governing Board Approval ( .... CIea: ClASS IU 30.22 1.75 28.47 1.95 11.07 Big CypnIa , ~. ....' ':'1':(" I' I.'.....', .:_~. ..1 " , ~~,' I ~~. .:' . ,\", .~I'~: ~ ' . 1M pwpoIt of this iIpp,IiaatIon II.., ntepJIt en ~ ReIa&Iae. PecmI for CansIrucUan Ind ~ elf . SIrilce WIlli' ~ 8yatem IIfVIng . atheR commen:IaJ center. pili af . ...17~ IrIiDI. ~ dIchuge 10 KenderIon ClHk YIa tht HMd8raon Ct8ek CanIJ. . . ~.rtJ.: 01c).(tt.-13 PItQt 1 of HI .... .....rn ., , U I'- .;1 '1*'..:-;.'.......' . ~"i." t:: ~.: ~" lr~~ .. t~ . ~.~ - l - PROJECT EV ALUA T1OH: :.:.-.~:.~i'1_;.f;;i~.:..~~;.:~;.l.=!,,~'t.';,'~;t~.l~;.--I.': ,,,.; , \ ':"'~,:'~ ,'I ~,:..f:.,~,..':' 11':-. r\~ _;/pL.:.~~tr.~,:... The proiect lie is Iocaied on the northea$t comer of the intersections. between Rattlesnake Hanvnock Ao&d Ind Colier BoukMvd il ~. 00lIier~, FlOrida. . The ... is boooded 10 !he noc1h by LI'lde'i91oped lands. 10 the east and aouIh by the Aorida Sports Pari< ICCtIS road anc"lo Ile west by Collier Boulevard. The property Is IravGrsed nOfth-lOUUl by a centrally locaIed 17O-1ool wlde FIotfda Power and l.lQhf access and mabtenance eaaament.. 'Clmn IOOace water ftows foIow a souIhwest trajeckxy cIIsctwgilg i1to Ihe 8XIstIng 951 ~ to Ihe ',. ~:',,;. '. lieclderlon Creek Canal and the FlorIda Sports PirIe 0CC8$I roadside &Wale. The nab.nJ elevations vary .....;~.,. . .rrom's.r NGYD In the lower areas 10 10.1' NGVO at higbet' grcx.nds. Hendenson Creek Canal eventuaIy . ;~~~. :-::l-l!"'l8Cts wilh Hendlncn Creek. which Is tidally illluenced and has a diect ciScharge Into wakKs of .... Y"1\....!W~ Bay. .1........ .~o(~.l. .::;)t.~.:~. ;~:~~ of approxknateIy 0.9 ~ Qf disturbed wet pcakie, Ifl9 38 acre lite Is ~ by ,~:.: I): M[it i~ Of jLrisdclIol~ wetlands tontakllng extenslYe t:oYIQge of m8Iltieuca. The upland ,. ~: :..! . ~ ,.,. dominakld by pine and saw pahltltto and lII8 Ioc:a\ed In the west central poftion of tile ;;; ;\'~:'~~ ~ ~ east of Ihe FP&l easement (Sa, ExhIbIts SA and 58. Fl..UCCS Maps). '~~~e;,l-';~ ...~ .\; ~l, . __. .___.., __ .. . Thb- Pfqject has never beOO pennltted. ) I I . ; t. "'I .;4''''''~' . .." I" _j"~. 'l '~. . I " .' l . ,_ ,ll,.1 ~'I "r, ':r'::.,l .. '. '.' '4'.~~.' ~. .::.~"\':'l~.c ','~ "'. It\.!~" I ',:~ ll' '. ',~ ~ ,'.. 1,,1,\. ~."". ;1...:.... ~l...'~--;.., : The ~ ~ consist of consIlucting a master Sldace water rn&nagemenl system teMng ~ ~ shopping cenIIIr, an oftIce COf11)Iex, an ~ IIvfng center, ~ /ngtQss _ egress ~ tar ala access fnim Ihe florida Sports PBrk access toad end InIGmaI WhIcuIat eirculaUan areas With partdng .taciIiCIes. The profect Is known as the Hammock Park Comr.nerae cerur. 11::'::"; The ale has been dvIciad ~ two ~ BasIns....... hallcnfMn as Basin 1 end.. ~ . ::. .:" :fIC?!1Ion. ~as Bask'l2. Baql1.18.1S 8CI'8S,I..erwdby.drydalOllllon~IOd'Baskt2.1U8 .".:\; 7\ ~. ";i~, "Is I8MId by . __ de\8t1ICln pond. SoIh of thQIe BaIns .,.. Ihe ... cantroIllevallon 018.85' " ;t,:., ." '~Vp IfId bQIh BasIhs aJfaI blq the .HenderIan Creek CMaJ; honwr. 'Ihese BuIw '*"8i1 ,': . tIdDpGIldGIll from each 0Iher Md ... contrDIed Irt IIpII'&tI CUfII........ ,f..' : 1hI rntMnII fOld IlIgri'I1n Ind PIdd&ig lot ClOnIIglQIkln IIIoWa lhI CGnVIpnCt of atonn WlItr RId InIo :~' ',t:- . \.. or QUIWI. 1h!IIIItnICbnIare part of the IfannWaler IIWWayatem that cIIchIrge Into.... matIr ' ~I;. ,:" ~ water ---...-I aydIm..,. . . lI:j>'I'" ..~__. . .... .. . . . ,~ ":1;' .~.~.}YII!ltIr ayaem pnwIdea ,.. water qc.dy ancI alI8nuatIon' for lhI entire project, The &ya-.n In ~ 1 ': . ~"::, .' ' .' waIer qudy far 4. eft through II dry deI8ntIon pand. lic6edIng the requIf&d 1 Inl:h CMIf' Ibe ,'-;~, . . .!1f 1.&1 ~ of IIOrm wafer nmff. 'The IpIGm In B:aIk1 * PfO\t\deI water quaIly lot 1.858C-ft of ' ~', 'F' : 'IS', waer f1rotV1b wet dettnUan pond. ccmpIyfng WIIh Ihe rIQUIted 2.& IrIChQl tknea '" ~ t :.'" .~ covet or <46.6 P,8ft;Int wfthln the controIIId Balin. 80Ie ownerahlp of Ihi ~ WiI be (.t" .' \ ' Irt '" IppIcant. I1e property wII not be &Old In paris nor u . whole. Ihet'efont miIn~ ~ 'i ;':(;. . h muter auface WldIf management IyaI8m WIll be the respcnsbllty of the 1pA/icant. ~...' .,. ~ ~ IWctueI tOr hi HJlM1QC\c Park Commerce Center have been ~ 10 meet ColtIer ~. muw drai\Ioe plan dowing . Il'18JCIrncaon dlacharge raM of 0.16 CfS.fOr projeats ~rglng fnk)Wdn of Ile Henc:JefIon Creek Buil. . Aflp.na.: 0'041&-'3 P"Ot 2 of 10 .. ..JJ ""'?- .....Qch. Agenda Item No. 17e February 27,2007 Pd'::le 149 of 221 l ~"-'- e e ~1US&"'i Area shown t.nief \he cate(,lOlY 01 .OTHER. corresponds to portior!s of the property within the Collier Boulevard Canal Right-of.Way. . Constn.lc:tion: Project: . this 'PhRe Total ProJect ." BUking Coverage' ()ther paVement PeIYious WatGf Mgnt Acreage WeUand TOtal: 7.85 .67 12.07 9.86 5.35 2.37. 31.17 31.17 1.85 .cres .67 acres 12.01 acres 9.86 acres 5.35 acres 2.37 acres ~1!~~~~~" "1.:.' ~..;,\'t"i Dfschwge Rate : The con\rOI &1ruc:;tlxes (or the- Hanvnock Park Commerce Center have been designed to meet Collier CotrIly's master chnage plan allowing a nwdmtm cflSCharge rate of 0.15 CFS fO( projects discharging Into walenl 0( the HenderSon qteek Basin. . Discharge Stocm Frequency: 25 VEAR-3 DAY Design RainfaR: 1U;Slnches Basin AlkM DIsch (ct.) 2.72 2.65 Pnk Stage (ft, NGYD) 13.e.c 12.OG IIethod or Detenqlnatlon Callier County Ordnance 80-10 . CollIer County 0rt:InIl')C8 80-10 Peak Oisda (Ohl) 2.87 2..ca Basil 1 BasIn 2 Flnllhtd F&oart : M Ihown In the folowlng table and the attached eXhlbUs, minimum tInIIhtd Ooor e1evallona have been HI at or.~ the c:alaulated ~ ._Rood eleVlllan. BuIkiIO Stann Frequency; 100 Y~-S DAY Design R~faH: 16.36 Inches Balin Plak Stage PropoucI Uln. Flnllhed FIoan FEMA EItv.tlon e", NOVO) en, NOVO) eft, NGVP) BaU11 14.81 ----- -1ii~--"-----'--N'A -.- Basin 2 13.05 14 NlA RoAd Dulgn : As ahown In the following table and the Il1ached exhlblta. minimum toad center lines have been SQt at or above the calc:ulalecf design stonn flcod olveaflon. ~.no.; OICMI8-13 Page 3 of HI ---- Agenda Item No. 17e February 27, 2007 ....E?..~'" 1l:in of {?1 o fi Road Storm Frequency: 25 YE~R.3 DAY Design Rainfall: 12.23 inches BasIn Peak Stage Proposed Wln. Road Crown (n, NGVD) (n, NGYD) Basin ,.-.---- -.-----.-13.~------.----.---.-.--13:as_-.-..-. - ----------.------...-.---- BasWl 2 12.06 12.8 PwkIog Lot DaaIgn : As shown n the IGbmg table and the attached exhibits. mnlmum parkng lot eklvalions have been sal at or aboY8 the calculaled design storm flood &levatioo. Pmhg Lot Storm Frequency: 10 YEAR-l DAY BasIn Peak Stage . (n, NaVO) Basln 1 13.13 . Bask1 2 11.23 Oeslgn RaInfall 7.2 Inches Proposed ~_Parldng EIev. (II. NGYD) 13.7 12.21 CantroI EIevIIUon : BuIn ArM cut EIIIv WSWT CtrI aev Method Of ..i~) (n. NOVO) (n. HaYD) Detel1n1natlon 18.15 9.6519.65 9.65 Wet SElason Wlr Table Contour"fdap 16.98 9.6519.65 9.65 Wet Season Wtr Table Contour Map BasIn 1 BasIn 2 ReceMng BOdy : BasIn Bask11 ~~2 DI~ Structu,.: W.....: BasIn S1rt CoLnt Sir.' CSll CSl2 ~Body CollIer Boulevard Canal CoMIer Boulevard Canal typo W1dIh HeIght Length DIa. . Rectangular Ormce 14.6" S" RecI~r 0rIftc8 8' 3" EIev. (~ 'NOVO) t U! (0_1 "0.13 (crest BWt 1 0811. 1 BuIn 2 0812 1 W~ 0uaIItV Sttucturu: BIMdIn: BallI B&sIn 1 Blatt 2 Type Circular Orifice CIrcUlar Orifice Width HeIght Lengtb DIa. Invert InVlrt EItv. 3" ~ (~::sW) 6" 9.65 6trI 0811 0812 Count 1 1 lU~-.~;.~.1~.:r~~1~.~.' The Iystem n BaSIn t provides water qualfty for ..66 ac.rt Uvough lis ay delentiori pond, exceeding ttwJ required t Inch over the lite or 1.51 ao-ft of alorm wal8l' runoff. The system In Basin 2 provldetl wal8l' quaJity for 1.65 IQ.ft of norm waler through Its wet detention pond. compIyk1g with the required 2.5 Inches timet Ihe pet"CtI1~ge of Impery\oua cover of 40.5 percent.wlthln ttwJ contnll\Gd Balin. Ajlp.no. : Qt.l(1,"13 P.~.cof18 . ~~"~""",,,--_w...--_~_.._ ; Agenda Item No. 17e February 27,2007 -..- _.__.'"'..~" .._...__..J?age 1 Q 1 Ql.2.2..t ~ - No advefse watel quality imp&cls ale anticipated as a I&suh 01 the proposed pro/eel. Bulo Treatment Method Vol Req.d Vol Prov'd ._..__.__... '_'__"___ ... ...___ .._ ..__.. ... ___ --,-.. ._.... '___'.'" __.___.._._~ae:...~!.. -_(~.~~~t_. Basn 1 Tleatmenl 01)' Detention 1.51 4.66 BaUl2 Tl8atment Wer Detention 1.65 1.65 ~,,,,,,\,. ~..~....;.. w~ Impacts: The proposed site plan wUI WnpacI apploxlmatety 28.47 aelas 01 wetlands and 0.25 acres 01 OSW. With the exception of 1.35 acres of 1rnpact to dslurbed marah1we1 prairie. ~ Ble conr~ to wetlands with ~ dominance ranglng'rOf!\ 85% 10100%. These ImpadI will mutt from lhe com;tructian of retail buildings. patIdng f~1itIeS and the surlll4:8 water management system (see Exhlblls SA and 68,' Wetland fmpacts). The presence of llCl8nalve metaleuca lhlouQhout the lite suggests a history of. hydtofaglcal ~ teat.tI&lg from the c:onstructlan Of'Sports Park Road to the scxilh and IUt. C.R, 951 and Ita associated canal to the west and en FPl easmellt wt'lch bisects the property In half. The aill plan has bean da;l1gned to prbvltSe a presel\tallOn and enhancement area for wetland habttat In the fIOI1h which will be cOl'dlguous to ~I undltvelqpttd land. this has resulted i1 development being COOC8f1ltated to the aouthem Interior portions 01. the sUe.. Pursuant 10 Section 4.2.7 01 the ~ of Review. protective measUles have been Incolpo"sted Into the proJect design to prevent secondary .lmpacts to the water resourCes. SpecIIIcaIIy. all aur'faoe water runoff will b<< pretreated prior ki dlscharglng Into weUands and the preseIV8 area has Incorporaled a t 5' minknLm. ~' average UgIand buff~r. ^ preseJVEI area ~slsllng << 1.75 ac.res of wel,land ~ 0.2 IlI:r. of ~ vM form a cOntiguous hallltat boundary along the ncxthtlJfl ptOp8fty I~ ~t to oode~ land kl1he north. l1ie preServed wetland and ~ area wII bi protected y.ithIn an 1.85 acre conservation easemetIt ~\Ch wID be rlJ.COfde'd no taler than JlnlJllf)' 10. 2003. ThtI appdcant wilt I.Iso pwcI\ase t 1 Jj7 ,0I'Qlt8d fteshwater cnKItIJ 'rom Big Cypress UItlga!Jan Bank. . . Extenstve ensile wfkIIfe Il.I)'IYI'ln aoooidar1ae WIth county, FFWCC and USPWS recOmmendatlona IcIentfIIed one D. b1111 heron. N~~. of fhi pt'8I1nCI of Iny .olher ..'. apeclea wert IOWMI. . AdcItIonatt, thlJ enhlncGmenllI'icI pt818rvaUon of vllllna habitat Iypn ~ the rerrk'rl1I of exotica from the Wt\tandI WI. ~ gr.ater ~Ity 'ot Widing bird lollfIIzaUcin al water level. rise andld. Fk\dy. ~ oratrlpt has ClOCII'dnattld WIth the FIorksa Depa~ 0I8t.... D,.\an of HI.torlcll R.lOUICtI to ~ . the profect WI ....~ In Impacla to algnJflaent I1latodcal or arahaeolaglqal rHOUI'C8I. The DMalqn d HIstarIcW ~ hu dellfmlned the projeot'wUl have no effect on hlalOllc propel1lellfstld. or ellgble fOlIs~, In the Natklnal Regllt,r of Hfat~rIc Pla~. In acctHdance ~ the aeconcIery Impact elftarla.1t haa beGn delermlned that the projeot, as propasad..w1U not cauae uconcIary ImplCtlto tl'\e water r&IOU!'DGa. UItlgaUon Proposat: To offsellhe propOsed Impact to 27.52 lierll of molaJeuca dominated wellands and 0.95 acrll disturbed marahlpraJrle weUands, 1.76 acres of weUanda and 0.2 acres of uplarids wll preserved and enhanced through the removal 0' .rob and replanUng. Areaa . with IlCtenalve melaleUCI coverage will be mechanJoally w:ltared and graded Ind the IImll. of lhese areas wUl be nagged In the field and wrlried by District staff prior 10 clearing. A planting plan has been proVided for those 8reallo tie planted and AppJIO.: 01~1&-13 Page 5 of 16 ------....--..--- .{/. .,..... ",1f'J1A J7 Agenda Item No. 17C February 27,2007 P3ge 152 9f 221 e - nciudes!he species slash pine.~. SWlImp bay, dahoon holly, wax myrtle. saw Qrass. cordgrass and swamp fern. Tho praseNed wetland and 'upland areas will be protected within a t.95 acre cooS6fValion &a.Sam8flt which wilt be ~ no later than January 10, 2003 (sea Exhibits 7A-7C and BA-8G. J.4itlga~. MOOitc.ring and Mairllenat1C8 Plans and ConseMlllon Easement). . ~ Impec:t Anen;ment: PIXSUltlll 10 Sec:lion U.7 and 4.2.6 of the Basis of Review. the ap,pIic:an1 has provlded rQ~SOClable assurance that th& ~ prolect wlR nor result in ~mulalive Irnpaats ~ wetlands and other surface waters wllhillhe same ~ basin. The proposad prujlJc;t has been cOnslder8d In conjtl~ wl:h: exiSting ~; projectS cucraoUy lI'Ider review; and activities . under ravl8w. approved, or vestad In the &ame cnnage~. Tha proposed pcojel;t Is located within IIWI West CoIII6t chi\a~ ~kl which contai\s ~ ptbIicly hOld I8nds Inckxinil the RoQIclHy BaV National Esfuarine ResaaRlh R~. Belle J.Ie;Ide and CREW lands. . profects. In the basln that were considered In eonJLV1clion with Itlls ~ Mloc,Ie Forest Glen. SaIl MarIno Apartments, Sothetn Mamh. W1now Run Quarry. Rrst ~ at GOd Chtxch and Florida Spotts Park. "I. Consistent wilh these ~ pro{ecIs. !he onliite Wetland habltats have seen a ~ dla~ paUem lypicaI of .sknIa1ty IocatOO wetlands In the.county. That Is: ~~ aJterallon rrom c:Itst1xban08S IUCh .as the FPl. ~t which bi$8Ols the property from IlOI1h 10 south. Spot1a Pauk Road 10 lite I(Uh and eaSt and the CR 951 canal 10 the west. WIth the excepUon. at <<US aQres of claturbod ~, the pfoJects.~ 2U7 1ll<t81 of !l'8ttand ~ wfI oCCur to we~ '~tak\Ing greatftr than 85% ~. ~ extGn4lve presence at Ihls In'4ilve 8lCClUo speoI88 IUbstlli\~~ the ~. retat~ efttlClS of the actIvItles lI:Iat have OCCUlTed both. onsIte ~ k\. the "proJect vlc;lntty. ~ of ~-~ -effects 'i6hfthe ~1"", ~ ~ tulY8 been ~trafed 10 the eas11Qr ~ In this corridor. ThIs alSo allows for klleroCOl\h8C1Mty wiIh the Ploayooe State Forest lands located IUrfher a&sl the. proposed MIlaM Impacts 118 consIsI8nt with olher pQimlli~ projects. witflln !he bl(tsIn and ate ~ offset by the proposed mitiga60n which Inctudes sarno 1.95 acras of ~ ~Uon aflcf"lhG purclla.se of 1 t.07 forested freshwater ctecaits ftbn:I Big Cypress MilIQaUon .Bank. . It has been determined that the pro/9ct, .as proposed. wUl not cause secondary or CI.XJllltatJve Impacts to !he water ~ ~ the.same dnlInage basin and Is not conIr8ly 10 the public InteresL ~: A makMnance ~ wi. be applied 10 the p~ and tlI1hanced \ftttarid and upIind areas on . quuterIy basis 6nd In perpetulty to Insure total CCMlragI be exotlo and ~ plant epecfea does not comprise mQr8 IIan. 6% _ coverage. The mllJgJUan ...ia will be he .ram '.__ IrMwdlallty toIowInO treatment and It no lime wDI.xotIa and nUIiance vegetation canatllull ~ Ian.&% of1he IotII vegeWIv8 COVIf between~, 8uNlval of planted maJirIaIlhd be ~ It .'rnlnlml.l'R 110% wvIvII rate wIIh ~1ntInance aonductId In perpelWty. ManItodng WI! be conducted IMUdy far live .. =: DlstrIot guIdeIk1H and wIA IncllucIf. . bueIInIt, lime 4110. and five .... manlloIIog repoftI ph..fografIha, vegetative compasllon, wllclHt obIeriItIOM,ltIft gauge'readhga, and Il.IYfvaI rates 01 ptIntIJd mateflal (see ExhIbfts 7A.7Q. MlUgatlon, Mon/IOrIng and Mak\tenince Plana). App.M.: 01MI6013 PI\/<< 6 01 16 Agenda Item No. 17e February 27,2007 . Page 153 of 221 4Q e WetJ5nd Invenlofy : CONSTRUCTION NEW -HAMMOCK PARK COMMERGe CENTER ONSITE .20 1.95 .20 1.95 Pre-DweIopment i; POII.OeYeIopmenI _._---_.__..._-----------_..~-_._..._----------_._- ----.-..------- ToUt ; i Impaded Undisturbed Enhanced Preaerved R..&ore:cU ExJaUng I' Created 28.87 .11 27.12 t.15 1.75 (35 I 1.35 25 II 25 .20 'I . I. 30.67 L_28.n Fresh Water Forested Fresh Water Hemaceoos Other Surlac:e Waters Upland ToCal: WetMnd Inven&ory : MITBANK ---- ~ .- Fresh Wider FOI'8S18d Total: BIG CYPRESS OFFSITE P~I --------...- I MItIgatIon Bank Or Usect 11.07 11.07 ~ ~."'" ..,....'~. -p.JP.~~..~~!i."~.~It..... WIkIlfe SlI'V8'/8. were ~ on IhIt alte dtJrIng the entire rnorIIh of July, 1899 for the presence 01 Ihraaiened, ~ or spectq. of specIaJ concern. WIlh !he ellll8ptkln of one Itlle blue heron. a species 01 spec:W concem. no direct or lnclrect.evkience of ~er /lated IpeaIea were obsecved. ~. Herons POCenu.a1 Occurenclt 0bHrIed UleJ)J!!!_______ ForagIng _I . ~___A"~~&~"lf_""'" II " IUQQMIed that the permIIIt ,... Ihe MIYbta of . Proftlllcxlal EngIneer IIQlatenJd In'the SI&lI of F/orlcll for P.IfIadIO. ~ 01 ClClnIII'uaIl9n of thllwf&aI water rnIIIIQlImIfIl (SWM) '.~ 1Na will facIIiWi I1i compIIIIon of CCInIIrUCtJon aampIetlan certllaatlon Fomt .., whIClh lI'f8CIII\I*I putlUIII110 SectICn 10 of IhI Bull of RevIew for EnlJ/l'QI\I'NII'1t11 R.lOlIrct ptm\ll ~J/OnI wJlhln /he BouCh FJorida We... ~ ~ and ftule 4OE-436l(2l. florida Adrftnlalratlvt Oode(FA.C.). Ptnuant to otiipcar 4OE-4 FA.C.. !his permit may not be converted Irom Ihd consIruatlon phas.e to !he . operallan.phue WllI C8ItIflcaIIOn 01 the SWM 9a,tem ~. lubmItldd to tnd accepted by this D\strlcI. Rule 4QE..(.321 (7) F .A.C. ltatu IhIl fa/lure to complete construction of the SWM system and ~aln operatlon ~ Ippl'OWIIrOm the tJlstriot within the. penn/l dutaJlon shalf require a new permll authorization 1I11eu .permk~ls~ For SWM .yatema pennIlIed wIlh an operaJlng entity who Is different from !he permittee, II should be noted that tI1l1f /he permfJ II lranlllrred to the operaUng enllly purauantto Rult 40E'1.6107. FA.C.. lhe pennlttH Is liable for compflanc8 with the teems 01 this pennl!. . p,1I' 7 of 16 AeJp.no.: Ol~1..t3 .~ w Agenda Item No. 17e February 27,2007 Page 154 of 221 . l I e e The permittee is ad\'ised that ihe efficiency 01 a SWM system will nocmally decrease over lime IKlless Ilia system Is periodically maintained. A $Ignifican~ reduction illlow capacity can usually be attributed to partiaJ blockages of the coi1veyance system. Once flow capacity Is ~Ised, f~ng of the project may resUl. Mantenanc8 of the SVild system Is required to protect th8 public health, safety and the natural resOuri:es of the stale. Theref9l'e. the pennlttee must have periodic inspections of the SWM system perlormed 10 enstX8 pelf0nnan<:8 (0( flood protection a!\d water quality purposes: II deliclencles are found. it Is the responsilility of the permittee 10 correct these dellclencles In a tirne{y manner. Aflp.llO. : 01041&-13 PlOt a 0116 ':. Agenda Item No. 17e February 27, 2007 r.!!l~e 155 ef 221 .....~;II1 ,.1 :f' tt e AELATEDCOHCERNSi w Iter U5e Permlt Status: Applications No. 011109.9 and No. 011109-10 for de-watering and Irrigatlon respectively have been lound complete and are scheduled for concurrent presentaUon to the governing board'for approval. I j . I p otabkl Wam SUpplier: Collier Ccxnty PublIc WOl1cs. Waste Water SysIemISuppIIar: . cottier ~ty PubI-= Works. h\gt*Of-W~ ~ StItus: App/icatiofl No. 01-1231-4 for construction of the outfall facllllles within lhe Collier Bo<<Jlevard Canal Right- Of-Way has been f~ complete and BChedu/ed for concurrenl presentation to the bOard. DRt . Stat1II: This project Is not a DRf. HbtoricaUAtcheOlogk:aJ Resources: No Infonnalion has bGun receNed Utal indicates the presence of archaGologlcaI 01 hlstoricat resources 01 Ihatlhe proposed actiYities could cause advel sa Impacts to archaeological or historical resources. oC~ Conabtency Review: The Distrk:t has.not recetved a Ir.ding of Inconsistency from the Fl.,lrkJa Department of Community AffaIrs or other commentlng agencI8s regarding !he pnwfsIons of the fedetal Coutal Zone Management Plan. Third Party Inwm: No third party haS contacted the D1stdct wtth concema aboUt this apPllCIlk-n. Enfarcement: There has been no enforcement ectMty asaoaIa~ with IhJa appIioaUon. AA;.na.; OI~Ia.13 Pllf' II 0118 ----...----..-- ~G#<'"1o. e Agenda Item No. 17e February 27,2007 Page 156 of221 --, - STA.FF RECOWUENO~TION: The Staff recommends Ihat ~ following be lssuOO : An Environmenlal Resource' Permit authorizing Construction and Operallon 01 a Surface Water Yanagerr.ent Syslem &ef\.ing a 35.13-~e cOmmercial cenlet. part of a 38.17 .acre Iract, with discharge 10 HeodarSoo Creek via the CoUier Boulevard Canal. Based on \he ilfoonation provided. DislrlCt rules haw been adlered to. StaN reCocMlendation 'Is fOl' approval sub}ect 10 the al1ached (,,~I and sPecial CMditIoos. . . DItifl - 1 Subject to Governing Ii Board Approval . -" ..._--~.. STAFF RIMEW: HJ. TURAL RESOURCE MANAGEMENT [)(VISlON ~PPROVAl SUPERVlSOR/ _ _. ./--/ - .-" { .I/\4'ldt:.... ~ '. ........ .,-".-.-- Karen M. Johnson ." I DATE: 0~~.2. APPROVAL Sj!~' ~~~ RIchard H. Thompson, P .E. aMROHIIENf..Lrv ~ . Qcxy L Peck . DMSIOH DIRECTOR : ~"y. ~' Robert G. Rol:lbIns SURFACEWATER~ ENQlHEERI ,P.E. AppM.: OI0.4ta.13 DATE:~A6/aL . PII)4I to 01 t6 .... ... _._--J Agenda Item No. 17e February 27,2007 Page 157 of 221 1 , - '------J lV STATE OF ~ a MARC ISl.AHD Ev!:RGLJJ)ES aTY COLLIER COUNTY KEY VlEST ,. ~ \ \ ~ ICCllI. LID ..0 - 't~\:re ~(.I\.i'",I'CUI" . OJ,,,..,,..' Nom 1H!SEMtWNQS ARE FOR PERMITTING PURJiC CH.Y AHO AIlE NOT INTENDED FOR CON . cnON llSE. . ......1 ,~ Turrell Ie "-Ioclal.., IDe. ~ 1CuIa, _ Ia.....W CIUUIUaI . ISM ~ A.ft. luttt .. ar...... n. aNI' 1'IaoM: (Nt) IQ-otN rUl (Hl) W-IUI 1-1Wt: ",....tllt........ HlUIlinock Park Commerce Centre 8 l-VT GO/a 2B, ColUer Count' LOCATION MAP r.r.T. I/t'ol$IOH IIMII: HII_ ucrr .", ,~ "seJU:" I I o 10 4 18-13 ~~ E .fORT MYEnS Sf;iMCE CENTER lOCATION MAP' ., UI'-"- ,....ON ...-ON N..... -~ 2'-00 NLC) E >>..- .$roa.l -::::J Ol n;.....co -o.Q1l. c:Q) Q)IL Ol <{ - -." .....~.. ~ . . .". '. ':.~'.:'~:. .. . :: /. : . f\' '" ~. .,!.:. :., .....: ..1' ~ :5 r 1 III .. ~ :--; . ~:~.-*, :~ Ri - ~ ... : t 1 _ _ .tHIrI . ------ ..- ~ .,.-,r4li . -.- .......,.~ J d .~. . of . niiI_ ;;;;;;;.--~ '0 . ~ . .. . . :- . . .' .:" .::~:. ..~ ( . : . .: ." ... . " , ..: 'f ,. .. . "....;.../. ".':.I >' . , : . ,. .' . .;'.' ,": '. Agenda Item No. 17e February 27,2007 Page 159 of 221 u~ t: r:D ~ ~ ......... ......----..... . . .UD"_~. U r-- ---'111' -....- , I ~i ~.~~.~ h f,t li~,f j-ol 11!......, ;~ 1; " ..... -. ~ I S,r;, II ~': ~ : ~\i~ t j f" ~l ~ I f\ jf r . I al rr~' I i rl/. ! "f t',. ; ----.... -...---...... ',. -'.- . Ill,o.; ~ ,fn ;~.un 1'1 { I It. "Il.! 'u f Jf ml I 'I,' ,. Ui f"' . . ~,.l'~1 I . L :1J.U+.r I" ff I r!f. f ifi~r ,.1. t4 tt;; t .- ~~ IIiI . fll . I~ .....~~'t, . il I . , "' I ~. ert.. {trOIO ...,....." . .."f) I'"'"''' ~~N 'a I l ~ 't lJ l. a 0.. "b Q, ~ 't lo {J ~ III "tI Q Q It .. 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''/~1' ~~ . ~ ..... . r.v ~ .'. . ~ ... '8 N ~~*..I Q i . I I. ~ . '/ C... , ~ ~ t. 'J I( till <C ~ - ~5 ~ l1J lIj - 0 I .O..J U g. ? 'lI UII( <... "tI ~ 5 -J <~ ii2 ~ u' ,C 4: ,..IIW,.. Ud 1IlQ.c: "ii.i- ..;< <0.. ~ ~ W 1'I:J ~ 0 to-:J -u~ :w ~~ ~J c: x "'~ CI IX I( <C Cot m -I toll El << l:! (D ~ ~ c ~~ i! ~ I( !! ~ Q. {, >- ...-1, >- t-~ ~l !5U ICY ~IX IXli -1;8 ~g Oi ~;; -J..., .1oIl I ..... i:~;:: '~!i l:! iil~ ~~ II Agenda Item No. 17e February 27,2007 Page 165 of221 :",,,~ ',,',,' ~~.......-----...,--- ~MOCK PARK COMMERCE CEHTR~ MmGATIONI MONITORINGI MAINTENANCE PlAN S 14, T 50s, R 26E, Collier County I. INTRODUCTION Hammock Park Commerce Centre Is located on the comer of C.R. 951 and Sports Park Road directly across from the Rattlesnake Hammock In Section 14, Townstllp 50, Range 26, C9111er County. The four comers uf this Intersection have been designated by Collier County as a Commercial ActMty Center In order to prevent commerelal development from dominating C.R~ 951. Current site conditions make this 30.17 acre parcell~1 for Its zoned use. Thera are 30.47 acres of Jurisdictional wetlands onslte, all of which are heavlly Impacted by Metaleuca and barriers to the ~tural sheet now (roads and canals). The applicant Is proposlng to impact 28,n acres of the Jurisdlctlo:tal wetlands In on:fer to ainStnJCt a commercial facility, two commercial out-partels; a dry detention area,'a lake, an asslc:;ted living fadllty and the necessary parking to aCcommodate the structures. A conservatlori area will be re-crefited (currently almost 100% Melaleuca) along the northem properly perim~ter In th~. eastern parcel. The 1.95 acre onslte preserve will Indude 0.20 acres of .an enhahced palmetto prairie. 1hepreserve location WitS chosen for Its ability to maintain the natural sheet ~ from the north. In ordEr to compensate-f()"r thl' remaining wetland Impacts the applicant Is proposing to purchase 11.07 credits from el~cr Panther IsJand or BIg Cypress Mltfgatlon Bank. WETLAND IMPACT AREAS: WETU.ND AREA# 2 7 9 10 11 13 14 15 18 20 21 23 26 .TOTALS" ACREAGE IMPACTS 5.41 5.41 5.85 . 5.85 . 050 0.50 0.40 0.40 045 0.50 .0.25 4.29 1.52 0.27 7.44 1.11 2.48 30.47 0.27 6.94- 1.11 1.23 8.72 E DESCRIPTION "h.. '..U... ... o 104 1S'"13'; I : . ...- .. .... . .. ...:.........--:-- . . Agenda Item No. 17e , ~Wf3l~.2.:z 2nnz. ....<l .--.-.-------.................,;- Pgge 166 of 221 e HAMMOCK PARK COMMERCE CEmf MffiGAllON! MONITORJNG! MAIN1ENANCE PlAN 5 14, T 50S, R 26E, Collier County II. MmGATlON Conservation areas are identified as Wetland Re-creation en the Site Plan. Most of the preserve (1.75 acres) would be mechanically deared to remove the dense Melaleuca while trying to leave any native canopy species In place. Due to the small amount of viable vegetatlon, mechanical dearlng would not result In much, If any damage to other trees. The method of upland enhancement (O.20 acres) would be hand removal! treatment since exotJc species are not at dominating . levels. Immediately following enhancement and dearfng actiVftfes, replanting would oc~r In the wetland area. Pfantlngs will consist of the following: The canopy specfes will be 3 gallons In size and planted on 15-20' centers. The mldstocy species will be either 1 or 3 gallons In sfze, planted on 5' centers. Groundcover spedes will be bare root or liner stock. .pJanted-on 3~ center5;.. .. III. MONITORING/MAINTENANCEI MANAGEMENT ............v.. 'EX 010418-1 .. omm~l/.1. SUSM1TT.\t I 1lB~~.J ~ ! !"r:"r . ..t;::, ,.-':.:"'40."~[ f.~{;.,:.;,R . ..----.-.. ...-.------.~--. .- - " : Agenda Item No. 17e _ ...-::.~~~_._..._._.~_~:i.bg,l~ 77, ?Qn7 .~ . . Page 167 of 221 18 HAMMOCK PARK COMMERCE CEmI MmGAll0NI MONITORING! MAINTENANCE PLAN S 14, T 50s, R 26E, Collier County Maintenance shall be conducted semi annually, and in perpetuity, to ensure that the wetland and upland preserve remain free of exotiC/nuisance veg.etatlon (those species currently lde,ntlfied by the florida Eoxltc Pest Plant Council's current list of the most Invasive: plant species). The preserve shall be maintained . exotic free and at no time shall the density of nuisance ~Iant species exceed 5% of the total aerial cover. Baselloe, lime ZerQ and Annual Reports w\lllnclucle the fo:towlng: . quantification of any revegetation of exotic species and recommendations for remedial actions. . . qLiantificatlon of revegetation of qeared areas by native species. . percent coverqQe, open space and water depths as appropriate. . direct" and Indirect wltdllfe observations. . site hydrol99lCCiI characteriStIcs. . phOtographs from a referenced location. Photo point stations will be Identified with labeled PVC stakes. . A stp" gauge WIll be Installed with monthly readings provided In each annual monitoring report. ._-- ..--.. The malnte.nance and m~nagement of the conservation area will be the respooslbUlly of the owner/developer In perpetuity. The conservation area for H.ammock Park Comme/CS Ctmp-e will require regular maintenance. The malnteRance activities may Include, but are not limited to the following. . fQltow-uP. eradication of exotic vegetation, · supplemental herblddal treatment of treesJstumps to prevent re-growth after Initial tntatment. . replacement of unhealthy or dead plan~ngs. The maintenance activities will be performed on a bl-annuBl basis for the first year, th~11 8Mually for the remaining four (4) years. r~i:~?~~': '~;'~'~':~~"'J'~ ",~,;",""IU'. "E.XH' B' IT 2001 L, o 1 0 4 1 8" 1 ... >'..~ ii.~ CfmIR ADDUREVISED SUBMiTTAL ~ ~- 8 N . ~~.. . ~ ~ OCT 3 I 2001 ~ a FORT MYERS SERVICE CENTER I I W,j"Qd 5~.AOdS . p"OOl! '0 It la ~ - ----:::,=- ~ "''''''>a.. ,_ " :.c', ',', ":, '..: ~ -- "--- . i " " ~ ~ " .. ~:: ~ 'J~ S ' a..~" A...."l" ~~ J of :. 1 ----- ~ 'J Sl ~ ~a- '5 ~~ ~J ~~ ~~ < Ii ClI w ~~ Hi ~ !dl III APPLICATION NUMBER 010418-13 ~XHI8IT ~ ... ~ Agenda Item No. 17e February 27,2007 Page 169 of 221 e I) DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERvATION EASEMENT is given this __ day of . . 20011 by John McMullen (address) rGranlof") to the South Florida Water Manaaement DiStrict {"Granteej with third party enforcement rights to the U.S. Army Corps of Engineers (Corps). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent 0YI0efS of the "Property" (as hereinafter defined) and the term Grantee shall Include any successor or assignee of Grantee. . WITNESSETH WHEREAS, the Grantor Is the owner of certain lands situated In Collier County, . Florida. and more specifically described In exhibit A atta<:hed hereto and Incorporated henHn(.P~rtv1;8nd WHEREAS, the Grantor desires to construct (name of project) Hammock Park Coml]l8f'C8 Centre rProJectial a slle In ~County, whld1 is subject to Ole regulatory jurisdiction of the pistrJct and the Corps; and WHEREAS, DIstrict Permtt No. and Department of the Almy CDA) Permit Ne. . Issued by the Corps C"Pennttsi ~uUtorize certain actlvfties, which affect surface waters In or of the State of Florida; and WHEREAS. these Permits require that the Grantor prese/Ve and/or mlUgate wetlands uncier the Dlstricl's and the CblpS' Jurisdiction; and WHEitEAS, the Grantor mis developed and proposed as part of the pennlt$' conditions a conseNaUon tract and maintenance buffer InvaMng preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor. In consideration orlbe consent granted by the Permll8. Is agreeable to granting a~ securing to the Grantee I perpetual conservation eal8ment 8S . defined Iil SectJon 704.Q6! Florida Slal!Jt8s (1995). over the Property. .. NOW, THEREFORE, In consideration of the 1.luance of the Permlta to conatruet and ops,.te the permitted activity, and as an Inducement to the DlstrId and lhl! Corps In tsaulng the Permits, togeUler with other good and valuable consld,ratlan, tho adequa~ and receipt of which is hereby aoknowledged, Grantor hereby grants, creates, and esta~ a perpetual conse/Vatlon easement for and In favor of the ~ral\tee upon the. Propertywhfch shafl nm with the land and be bindIng upon the Grantor. and shall remain In full force and effect forever. ..' . APPLICATION NUMBER 010418-13 10r6 EX -. FORT MYERS SERVICE CENTER - nr ,;.............. ;----~~. -. Agenda Item No. 17e February 27, 2007 Page 170 of 221 tt - The scope. nature, and character of the conservation easement shall be as (oilows: 1, It is the purpose of this conservation easement to retain land or water areas in their natural. vegetative, hydrologic, scenic, open, agricultural Of wooded condition and to retain such areas as suitable habitat for fish, plants orwikilife. Those wetland and/or upland ~reas included In the conservation easement which are to be enhanced or created pursuant to the Permits shall be retained and maintaIned In the enhanced or created conditions required by the Permits. To carry out this purpose, the following rights are conveyed to Grantee and the Corps by this easement: ~. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in Q manner that will not unreasonably interfere with the use and quiet enjoy 11ent of the Property by Grantor at the time of such entry; End b. To enjoin any activity on or use of the Property that Is Inconsl!tent with this conservation' easement and to enforce the restoration of tuch areas or features of the Property that may be damaged by any Inconsl~tent acUvlty or use. 2. Except for testoration, creation, enhancement, maintenance and mcnltoring activities. or surface water management Improvements, which are permltt8d or required by the Permit, the following activities are prohibited In or on the Property; a. ConsbuctJon or placing or buildings, roads, signs, billboards. or other adverU$tng, utilities, or o~er structures on or abo'le"the ground; b. Dumping or placing or soli or other substance or material as landfill, or dumping or placing of trash, waste, or unslghUy or offensive materials: c. Removal or destruction of trees. shrubs. or other vegetation, except for the removal of exotic vegetaUon In accordance with a District and Corps 8PProV~ maintenance plan; d. ExcavaUon, dredging, or removal of loan, peat. gravel, soli. rock. or other material substance In GUch manner as to effect the surface; e. Surface use except for purPoses that permit the land or water areB to re.maln In Its natural condition; . f. AcUvlties detrimental to drainage. flood contro~ water conservation, erosion controt, soli conservation. or fish and wildlife habitat preservation Including, but not limited to, ditching, diking and fencing: 2af 6 ADDLlREVISED SUBMITTAL APPLICATION NUMBER 010418-13 EX FORT MYERS SERVICE CENTER .~ Agenda Item No. 17e February 27. 2007 Page 171 of 221 --- ......ila . e. e g. Acts or uses detrimental to such aforementioned retention of land or water areas: h. Acts or uses which are detrimental to the preservation of the structural Integrity or physic&1 appearance of sites or properties of historical. . architectural, archaeological, or cultural significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, Including the right to engage 1n uses of the Propert).that are not prohibited herein and which are not Inconsistent With any DistJict or Corps Rule, criteria. the Pennlts and the Intent and purposes of this ConselVaUon Easement. Passive recreational. activities which are not contrary to the purpose of this conservation easement may be perm~ed upon written 8p'p~var by the District and the Coq:s. 8. The Gr~ntor may conduct limited land clearing for the purpose Qf con~tructlng such pervious facilities as docks. boardwalks, or mulohe<J walking trails. Grantor shall submit plans for the construction of proposed facll~s to the District and the Corps for review ~nd written approval prior to construction. . b. The construction and use of the appr~~featlanal facilities shall be subject to the following conditJons: i.' Grantor shall minimize and avoid, to the fullest extent possible, Impact to Bny wetland or upland buffer Breas within the ConservaUon Easement Area and shall avoid materially diverting the direction of the natural surface water flow In such area; 4. II. Such facillties and Improvements shaU be constructed and maintained utilizing Best Management PractJcea; ill. Adequate contalneri for Utter dl&posallh~ be situated acijacent to such facllltles and Improvements and periodic 1n8l*Uona IhaB be InaUtuted by the maIntenance eRUly. to dean any Utter from the area surrounding the faclllUea and ImprovemeRla; . lv. This conservation easement ahaD not constitute pennlt autho~UQn forthe conatructlQn and operation of tha pa88lve recreational facllltJet. Any IUch work ahaft be subject to all appUcable federal. atate, DJ.trlat or local pennltUng requirements. No 'right of aeee.. by the general public to any portion of the Property Is conveyed by this conservation easement. 6. Grantee ah~1 not be responsible for any costs or lIablllUes related ~ the operation. upkeep or maintenance of the Pr~perty. . I BM1TTAL 3 of 6 EX APPLICATION NUMBER 010418"18 FORT MYERS' SERVICE CENTER ......... ............... ....--..---. ':, Agenda Item No. 17e February 27,2007 Page 172 of221 Il e 6. Grantor shaU pay any and <l:U real property taxes and assessments levied by competent authority on the Property. 7. Any costs if.curred in enforcing. judicially or otherwise. the tenns, provisions and restrict.ions' Df this conservalion easement ROOll tx. borne by and recoverable against the non-prevaillng party In such proceedings. 8. Enforcement of the lel'ms. provisions and restrictions of this conservation easement shaU be at the discretion of Grantee, or the District, and the Corps and any forbearance on behalf of Grantee or the Corps to exercise its rights hereunder rn the event of any breach hereof by Grantor, shaft not be deemed or consVUed to be a waiver of Grantee's or Corps' rights hereunder. . 9. Grantee will hold this conservation easemenlexcluslvely for conservatlqn purposes. Grantee will not a~lgn Its rights and obllgatJons under this conserv(ltJon easement except to another organization quatlfled to hold such Interests under the applicable state laws. 10. If any prOvision of this conservation easement or the application thereof to any person' C?r circumstances Is found to be InvaUd. the remalnder'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 nDtices. consents, approvals or other communications hereunder shall be In writing and shall be deemed properiy Olven If sent by United State& certifted mall. return re<:Ellpt requested. addressed to the appropriate party or successor-In- Interest. 12. this conservation easement may be amerKled. ~, "leased or revoked only by written BgrQement between the parties hG18to or their helra, assigns or BUoceISOr8- tn-/nterest. 'whlch shan be flied In the pubDc reconJaln &9IUtLCounty. TO HAVE AND TO HOLD unto Grantee forever. The covellanta. terms, condltlc;ms, restrlctions and purpose Imposed with tills conservation easement shaD be binding upon Grantor, and ahall continue ~s a aervftude running In perpetuity with ttIe Property. Grantor hereby covenants with J8Id Grantee that Grantor Is lawfully seized of said Property In fee simple; that the Property Is free and clear of aU encumbnai\~ that are Inconsistent wfth the terms of this conservatlan easement ancl an mortgages have ~n Joined or SUbordinated; that Grantor has good right anCllawful Quthbrlty to convey this conservation easement hereby oonveyed against the lawful claims of all persons whomsoever. -tof 6 EXHIBIT15~ . Agenda Item No. 17e February 27, 2007 Page 173 of 221 e 8 IN wtTNESS WHEREOF. authorized hand this _ day of has hereunto set its 1.9__ Signed. seak!d and delivered In our presence as witnesses: A Florida corporation Print Name: BV: Print Name:_ Title: Print Name: 5 of 6 EX I.:' ,n IT &JG. r~ , U I -(J'f Agenda Item No. 17e February 27, 2007 Page 174 of 221 "tIATJI'II'C" ~ -- STATE OF FLORIDA ) 55: COUNTY OF On this day. of . 19_ bf.fore me, the undersigned nctary public. personally appeared . .. personally known 10 me to be the person who subscribed to the foregoing Instrument and did not take and oath, as ~ (position) , of (corporaUonj . 'a Florida corporation, and. acknowtedged that he/she executed the:. ame on behalf .! sa~ corporation and that helshe was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and officla! seal. NOTARY PUBLIC, STATE OF , Print Name: ._._w~'" My Commission Expirel': South Florida Waler Management Dlslrlct legal Form Approved: SFWMO . January, 1998 ."""...,...............-----.... 6 of 6 EXH'B'T~ ~ Florida W,.t<< ~I tnt1t I.U:igetion Monttoring Work Sdledu~ ~tlon No 010418-13 Agenda Item No. 17e February 27,2007 ____ ....P.9..ge 175 of 221 PtQG loll Oue~ 1G-JAN.2003 15-fEB-2Q03 28'F~B-2003 15-MAR.2003 15-PEC-2003 3Q-OEC-2003 15-.. AR-2004 3O.MAR.2Q04 15-MAR.2005 3O-MAR-2005 15-MAR.2006 3O-MA,R.2006 f 5-MAR.2007 3O-MAR.2O{,7 1Ii-fdAR-2008 :JO..MAR.2ooa ....;~~~!.1,tl.1 ...~lIon Plan 10: EASEMENT ~~l~.' :,!,j;,:z. f1!ftIIiIi:'~....,."l ,.!....~ --;~. .",. SUBMJnAl. Of RECORDED CONSERVATION EASEMENT BAS~E M9NffdRl~ REPORT EXOTIC VEGETATION REMOVAL SITE It-fSPECTION PlANTIttG MmGA1 ION AREA SITE INSI'ECTIOO FIRST MONrroRlHG REPORT EXOn~ VEGETArlo<< REMOVAL SEcoND MONITORING REPORT EXOTIC ~ETATI0N Rw.40VAL THIHO MONI1'O<<ING REPORT EXOTIC VEGeTATION REMOVAl. FOUR"lf MONITORING REPORT E>tOTI9 VeGETATION REMOVAL rlFTH MQNrTOOINGAEPORT SITE INb:.'eCTJON Exhibit No: , ...--~_.- EXHIBIT 17 UPDATED LISTED SPECIES SURVEY ~.... './'''''; . "'>.~""~''''. Agenda Item No. 17e February 27,2007 Page 176 of 221 ".~:j.~',~L- .,.~ "::,';;~:::;i.~;,, ,",; "~".' .,.. -,' '- ",.:...~c~.- .. Agenda Item No. 17e February 27, 2007 Page 177 of 221 HAMMOCK PARK COMMERCE CENTER UPDATED LISTED SPECIES SURVEY September 2006 Revised October 2006 INTRODUCTION This report outlines the listed species survey conducted by Passarella and Associates, Inc. for the 19.05:1:: acre Hammock Park Commerce Center (Project). The purpose of the survey was to review the Project area for state and federal listed plant and wildlife species. The review consisted of an on-site field survey conducted on September 19, 2006. The Project is located in Section 14, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is located at the northeast comer of the intersection of Collier Boulevard (C.R. 951) and Rattlesnake Hammock Road. The parcel's current land use is undeveloped, forested land that has been invaded to various degrees by exotic vegetation. METHODOLOGY AND DISCUSSION A listed plant and wildlife species survey was conducted on-site to determine whether the Project was being utilized by state or federal listed species. The property was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services and USFWS as endangered, threatened, or commercially exploited. A field survey was conducted on September 19,2006 from. Weather conditions ~uring the survey consisted of partly cloudy skies, a slight breeze, and temperatures in the upper 80's to low 90's. The listed wildlife species survey included, but was not limited to, red- cockaded woodpecker (Picoides borealis) (RCW), Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeetus leucocephalus), state listed wading birds, wood stork (Mycteria americana), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), Florida panther (Puma conc%r coryi), gopher tortoise (Gopherus polyphemus) and their commensals, such as the Eastern Indigo snake (Drymarchon corais couperl) and gopher frog (Rana areolata). The listed plant species survey included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The survey was conducted by a qualified ecologist walking meandering transects through all suitable habitats within the Project area (Figure 2). Transects were spaced 40 to 50 E17-1 Agenda Item No. 17C February 27,2007 Page 178 of 221 feet apart depending on habitat and visibility due to the density of the vegetation. Habitats were inspected for listed plant and wildlife species. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. SURVEY RESULTS No listed wildlife species or their sign (i.e., tracks, scat, nests, burrows) were observed on the property during the September 2006 listed species survey. E17-2 'oft Ito....... 1\1,.... 1 7 (' February 27, 2007 Page 179 of 221 <.. I ~ \ ('-on )\4 _ ...... \ )/", ~ ~'~~ 't-- ~C~ ~)'iM,"*1UM " 1\ ~ ,.., 1:;1 ~l\"~:- ~..:.~ 1 '~.- ~ ~ n__ Y4- ~ J::~ ~ \( -- OL ...u. ... I TT ,_ft I, ,. . COLLIER COUNTY I ""'" w*, s ~ """- I I il"'~ .~' .J ~~ \ lJ I r"" >.~ - ~~~ r- ~ ~ . (;-:t= " -.................. -. nIDJ :::t::: ~ )- I~_ f~l ~ - ~1:aiiILt1~. ~I-?/ L/~ W{ ~~)~~ I:-l I ~I ! ~) ( th?"- -= _ ' 1 .! ; J =if) ~ i- ~\ _/~ ~~ ~ y< '\ L:! -- ~ PROJECT LOCATION !~ Je Qf1L I -~V V ~iEC 14, TWP50S,RGE26E I~ ~~ , -II M~_;<;:.I-, / ~ ~/ i {€ a: I e-tT, -I, Y11 r\ A ~~ ! ~ ),'0?~ \~ ~ ~ ~;; I ~ ~~ ~~ vy'\ ~ i ~ - / --, S i FIGURE 1. PROJECT LOCATION t.tAP ~ HAt.tt.tOCK PARK COt.tt.tERCE CENTER .. PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: J.I., w.e. DATE: 8/2/06 EXHffiIT 20 PRESERVE AREA MANAGEMENT PLAN Ii.-. Vc,Ii,i:~;- Agenda Item No. l7e February 27,2007 Page 180 of 221 : ,.;"".,;~~~.:,,~. Agenda Item No. 17e February 27,2007 Page 181 of 221 HAMMOCK PARK COMMERCE CENTER PRESERVE AREA MANAGEMENT PLAN August 2006 Revised September 2006 Revised October 2006 INTRODUCTION The following outlines the preserve area management plan for the 19.05:f:: acre Hammock Park Commerce Center (Project) located in Section 14, Township 50 South, Range 26 East, Collier County. The construction of the Project will result in unavoidable impacts to South Florida Water Management District (SFWMD) jurisdictional wetlands. In order. to offset the loss of wetland functions due to the proposed construction activities, a total of 1.35:f:: acres of on-site wetlands and 0.29:r acre of on-site uplands will be enhanced and preserved. Enhancement activities will include the removal and long-term maintenance of exotic species and planting with native vegetation. EXOTIC REMOVAL The preserve area management plan for the Hammock Park Commerce Center property consists of enhancing and preserving 1.35:f: acres of wetlands and 0.29:r acre of upland preserves by hand removal of exotic and nuisance species. Enhancement will include the removal of exotic and nuisance vegetation from wetland and upland preserve areas. The exotic and nuisance species to be eradicated include melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), downy rose-myrtle (Rhodomyrtus tomentosus), and cattails (Typha spp.). The hand removal of exotic and nuisance vegetation will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian pine with diameter at breast height (DBH) greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings and cattails. In areas where the density of melaleuca trees exceeds 50 percent, cuttings will be removed from the site and supplemental wetland plantings will be conducted. Planted tree species will consist of slash pine (Pinus elliottil), cypress (Taxodium spp.), and cabbage palm (Sabal palmetto). Shrub species to be planted will consist of wax myrtle (Myrica cerifera), myrsine (Myrsine floridana) and/or equivalent species. Ground cover vegetation will consist of gufldune paspalum (Paspalum monostachyum), cordgrass (Spartina bakeri), and/or equivalent species. The upland habitats consist of less than 50 percent exotics, therefore, no supplemental upland plantings will be conducted. E20-1 Agenda Item No. 17e February 27,2007 Page 182 of 221 MAINTENANCE AND MANAGEMENT Following the completion of the initial exotic removal effort, semi-annual inspections of the wetland and upland preserve areas will occur for the first two years. During these inspections, the preserve areas will be traversed by qualified ecologists. Locations of nuisance and/or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential problems will also be noted and corrective actions taken. Once exotic/nuisance species have been removed, inspections of the mitigation areas will be conducted annually. The upland preserve areas will be monitored for excessive ground cover and sub-canopy growth. Ground cover and sub-canopy growth will be maintained in perpetuity to enhance maximum wildlife use, including use by the state listed wading birds and the Big Cypress fox squirrel (Sciurus niger avicennia). Prescribed burns or mowing may be utilized to maintain ground cover and sub-canopy vegetation. Required permits from the appropriate regulatory authorities will be obtained prior to implementation of management activities such as prescribed burns. Maintenance will be conducted in perpetuity to ensure that the enhanced, restored, and created wetland and upland preserve areas are free of exotic vegetation. The enhanced wetland and upland preserve areas will be placed in a conservation easement. The conservation easement will be to the SFWMD following the SFWMD's conservation easement format. The conservation easement will ensure that the mitigation areas will remain in a natural state in perpetuity. Signs identifying the preserve as a "nature preserve area" will be installed along the interface of the development and preserve. The signage will include language stating "no clearing or dumping allowed." E20-2 Excerpts from the Archaeological Assessment Agenda Item No. 17e February 27, 2007 Page 183 of 221 \ \ Agenda Item No. 17e February 27,2007 Page 184 of 221 : ~ : COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows. Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WANER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Hammock Park Commerce Centre LOCATION: (Common Description) North east comer of the intersection of Rattlesnake Hammock Road SUMMARY OF WAIVER REQUEST: ReQuest a waiver from the reQuired Historical and Archaeological Survey and Assessment do to the low potential for historical/archaeological sites. The proiect site was granted a PUD rezoning in 2000 at which time no historical/archaeological sites where determined to exist on the subject property. (Propeliies located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the COJTI1mmity Development & Environmental Services Administrator or his designee to waive the requirement for a HistoricaV Archaeological Survey and Assessment. Once the waiver application has been submitted. it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Historic Pn:~cr,'3!i(.!1/Fonl1s/11.:'3(I""0-4 -{" ; / / -~"'J_ ~;.~~ Agenda Item No. 17e February 27, 2007 Page 185 of 221 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Sembler Family Partnership #42, Ltd. Mailing Address: 5858 Central Avenue. St. Petersburg:. Florida 33707 Phone:(727) 384-6000 FAX: (727) 347-0247 B. Name of agent(s) for applicant, if any: R W A. Inc. and Roetzel & Andress Mailing Address: 6610 Willow Park Drive. Suite 200. Naples. Florida 34109/ 850 Park Shore Drive, Trianon Centre, Third Floor, Naples, Florida 34103 Phone: ( 239) _597-0575 FAX: (239) 597-0578 C. Name of owner(s) of property: Sembler Family Partnership #42. Ltd. Mailing Address: 5858 Central Avenue. St. Petersburg. Florida 33707 Phone: (727) 384-6000 FAX: (727) 347-0247 Note: If names in answers to A and/or B are different than name hl C, notarized letter(s) of authorization from property O\\Tner (C) must be attached. Hist(Jric I'rescr;a,iC>llil'ormsi] 1/30/04 2 Agenda Item No. 17e February 27,2007 Page 186 of 221 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. ) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: N/A Plat Book Page Unit Block Lot Township Range Section 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Area: 881.144 square feet, or 20.23 acres Width along roadway: 670'+/- (along CR 951) Depth: 1.317'+/- C. Present use of property: Vacant D. Present zoning classification: PUD Historl(; .PJ"~\;r\'3ti('n,!}Oi.1ns/] j.'311/04 3 " . -.- ,...-- Agenda Item No. 17e February 27,2007 Page 187 of 221 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph A review of historical photographs .. does not show any evidence of structures located on the property. 2. Historical Land Use Description: Undeveloped. Vacant 3. Land, cover, formation and vegetation description: The site is disturbed forested land. Vegetation consists of mostly cypress. pine and cabbage palm with heavy melaleuca growth. There are 14.8:f: acres of disturbed wetlands. An electrical power .line easement and access road runs north/south through the east portion of the property. 4. Other: B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. Histori~ Presen:ati(ln/.FonnsJJ 1....30.iQ.;l 4 \. .,.- .. Agenda Item No. 17e February 27,2007- Page 188 of 221 . SECTION FOUR: CERTIFICA nON A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part ofthe public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 W' x 14") folder. Signature of Applicant or Agent Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on: By: (see attached) H"hrri.: Prc~cr,ali(\J>Formsi: 1 "3IH14 5 ~ ..&:i~i~~~,~.{;. .. . Agenda Item No. 17e February 27,2007 Page 189 of 221 PHASE I ARCHAEOLOGICAL ASSESSMENT BY ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY ...)i,;~*"';';:{~~'1~k4:~i~_ Agenda Item No. 17C February 27, 2007 Page 190 of 221 A PIIase One Arehaeoloi:1eaJ Assessment of tile Toll-Rattle..ake Parcel, Collier Conoty, Florida by John G. Beriault, B.A. CraigA. Weavo:.r, M.A.G. conducted nnder the direction of Robert S. Carr, M.S. Archaeological and Historical Conservancy for Semblcr Company, Inc. ARC Technical Report #678 December 200S 2005.142 Agenda Item No. 17e February 27,2007 Page 191 of 221 Table of Conteuts List of Figures ii Consultant Summary Project Setting 3 Previous Research 6 Cultural Summary 10 Methodology 20 Results and Conclusions 23 Summary of Sites 25 Recommendations 37 39 References Cited Appendix 1: Toll-Rattlesnake Parcel General Field Specimen Log Appendix 2: Jump Start Hammock Field Specimen Log 47 48 Appendix 3: Toll-Rattlesnake Parcel Shovel Test and Target Log 50 Appendix 4: Toll-Rattlesnake Parcel Survey Log 65 Appendix 5: Toll-RattlcsnakcParcel Site Forms 69 Agenda Item No. 17e February 27,2007 Page 192 of 221 List of Figures 1. Map of Toll-Rattlesnake Parcel project area 2 2. Aerial photograph of the Toll-Rattlesnake parcel 5 3. Map ofthe Toll-Rattlesnake parcel area showing selected targets 22 and archaeological sites. 4. View northwest, Clamshell Cove Midden Site 8CR878. 28 5. Abraded sand-tempered plain body sherd found at 8CR878. 28 6. View east at the hammock containing the White Shell Hammock Site, 8CR879 30 7. A Busycon contrarium columella "chisel"" or gouge found at 8CR879 30 8. Deep Marsh Hammock Site (8CR880) showing location of shovel tests 32 9. Vi~ north at pond apple swamp south of Deep Marsh Hammock, 8CR880 33 10. View north at Gene Erjavec sifting material from Shovel Test 6 in 8CR880 33 11. J umpstart Hammock Site (SCR881) showing location of shovel tests, 35 site and buffer boundaries 12. View west at Gene Eljavec sifting material from Shovel Test 1 in 8CR881 36 13. View northeast at apple pond slough southeast of the Jump-Start Hammock Site 36 JI Agenda Item No. 17e February 27,2007 Page 193 of 221 Consultant Summary In October through December 2OOS, the Archaeological and Historical Conservancy Inc. (AHC) conducted an archaeological assessment for the Sembler Company, Inc. of the Toll-Rattlesnake parcel located east of State Road 9S 1 and spanning the north and south sides of Sabal Palm Road in southwestern Collier County. The +2300 acre parcel was surveyed to locate sites of archaeological andlor hisforical significance. This assessment represents the completion of an earlier stage of survey, when the parcel footprint was smaller. This assessment was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966 (public Law 89-665), as amended in 1992, and 36 C.F.R.. Part 800: Protection of Historic Properties. The work and the report confonn to the specifications set forth in Chapter IA-46. Florida Administrative Code. The parcel encompasses parts of Sections 11, 12, 13. 14. 23, 24. 25 in Township 50S, Range 26E and Sections 18, 19, and 30 in Township 50s, Range 27E. The parcel is an area of mixed impacts and natural areas containing tropical hardwood hammocks, sloughs, deep marshes, and slash pine and cypress communities. The parcel contains one structure, a modem hunting camp. None of the structures on the parcel are in excess of SO years old. This assessment resulted in the identification of thirty-six targets or anomalies which were identified as being possible hammocks that could be associated with archaeological sites. A total of ninety five shovel tests (45 em square) were dug across the parcel on selected medium to high probability targets, usually oak, cabbage palm, or hardwood hammocks. These tests were excavated to sterile sediments or to limestone caprock. Five prehistoric sites were documented on the parcel. Four of these were previously unrecorded (CR87S-881) and one site, 8CR556, was previously recorded. The four previously unrecorded sites are the Clamshell Cove Midden (8CR878), White Shell Hanunock Midden (8CR879), Deep Marsh Hammock Midden (8CR880), and the Jump- Start Hammock Midden (8CR881). Three sites were delineated with systematic shovel testing. The other two sites are small and are encompassed within discreet upland hammock "islands." AU five are regarded as being of local significance, of which three are potentially eligible for listing on the National Register of Historic Places, based on criteria (d) for sites. "that have yielded or may be likely to yield, infonnation important in history or prehistory" important to southwest Florida. Sites CR556, CR878, CR879, CR880, and CR8S1 should be preserved if possible. If preselVation of all or parts of these five sites is not feasible, then additional archaeological investigations should be conducted there to fully assess their significance. There are also three other areas of archaeological concern, Targets 3, 13 and 18. which should be further investigated if developmental plans call for these three areas to be impacted. Although our phase 1 testing there yielded no archaeological materials, a phase 2 investigation is recommended because of the possibility that such materials might occur Agenda Item No. 17e February 27, 2007 Page 194 of 221 Figure 1. Map of the Toll-Rattlesnake parcel area ~ N ~ o 1/4 1/2 USGS MAPS: SELLE MEADE AND BEl E MEADE NW -1991 \ 1 Mile 2 Agenda Item No. 17C February 27, 2007 Page 195 of 221 Project Scttiul The subject parcel is located in parts of Sections 11, 12. 13. 14. 23, 24, and 2S in Township 50S. Range 26E and Sections 18, 19, and 30 in Township 50S, Range 27E. east of Stale Road 9S 1 and immediately south and north of Sabat Palm Road in the Rattlesnake Hammock/Sabal Pahn Road area of southwestern Collier County, Florida (Figure 1). The::t: 2300 acre project area is a many-sided polygon with sides more or less oriented to the cardinal points. containing several smaller outparcels which are not sUbjects of the present survey (Figure 2). The relevant USGS maps are Belle Meade and Belle Meade NW. Fla. The Toll-Rattlesnake parcel is situated near the eastern side of an extensive and amorphous selies of cabbage palm. live oak, tropical hardwood hammocks flanked by and containing deep marsh/slough systems. This area is collectively known as Rattlesnake Hammock. This several-square mile area contains great floristic and topographic diversity. High ground areas include live oak/saw palmetto/cabbage palm hammocks with varying percentages of tropical hardwoods that can include myrsine, white indigo berry, white stopper, camp horwood, soft-leafed and shiny leafed wild coffee, wild lime., lancewood, strangler fig, gulf gray twig. gumbo limbo, willow bustic~ mastic, hog plum, coral bean. fire bush. hackberry, red mulberry, and others. Other moderately high-ground areas are rounded slash pinel saw palmetto islands containing red bay. dahoon bolly, myrsinc. staggerbush. rusty Iyonia, pennyroyal mint. gallberry, fems,and w.ax myrtle among other plants. Flanking these high ground areas and running as north-south linear transverse depressions are deep sloughs and bald cypress swamps and marsh ponds. These areas even with present-day drainage activities contain standing water much of the year and support a rich diversity of plant and animal life. Some ofthe plant species present include cordgrasses (Spartina spp.) and succulent marsh plants such as pickerelweed (Pontederia lanceolata) and arrowhead (Sagittaria spp.) and ferns such as swamp fern (Blechnum serruJatum)~ Thelypteris and Osmunda ferns. The deep open marshes of the area are likely relict burnt cypress solution holes and pond features as evinced by the abundant dead snags and logs of that species. At present, many of these features contain pop ash (Fraxinus caroliniana), pond apple (Annona glabra), coastal plain willow (Sa/ix caro/iniana), and buttonbush. Many acres. particularly in the eastern part of the parcel contain extensive areas of open, low Uhatrack" cypress which are flooded much of the year. Many ofthe individual trees, though stunted. are quite old. Selective coring of these and similar cypress has revealed many of these broad. buttressed trees can be several centuries old. All of these environmental zones were heavily exploited by prehistoric Indians. early white settlers, and more recently recreational hunters. The geology of the Rattlesnake Hammock area is characterized by solutioned limestone caprock lyi.ng exposed or overlain to various depths by sands or shelly marls. In cypress sloughs~ but particularly in cypress dome/solution ponds there are potentially deep deposits of muck or peat. A fine tan sand found extensively in the district is lmmokalee fine sand which usually overlies relict marine deposits of shelly marl and marly limestone caprock that are part of the Pleistocene Caloosahatchee and Fort Thompson formations. 3 Agenda Item No. 17e February 27, 2007 Page 196 of 221 These marine marls contain lenses and deposits of clay intennixcd with varying percentages of sand. These clays may have been a source for ceramic manufacture by the Formative period Native Americans. Mantling the Immokalee sands are windblown deposits of gray sands of varying depths. Other areas contain tan and gray sand surfacial zones overlying a dense brown sand spodic horizon (often referred to as "hardpan"). This formation is a zone of organic leaching accumulation. Occasionally. harder "nuggets" or nodules of an iron oxide precipitate will be found in this zone, which is sometimes a basal archaeological zone. Both the Caloosahatchee and Fort Thompson marls and the associated limestone caprock contain the index fossil bivalve. Chione cancellata. in quantity. Depths of sand or marl overburden seldom exceed 70 centimeters. Many higher ground formations in the area appear to be bedrock unconformities that consist of fully exposed tabular slabs of limestone caprock containing numerous rounded solution holes. 4 Agenda Item No. 17e February 27, 2007 Page 197 of 221 Figure 2. Aerial photograph of the ToU-Rattlesnake parcel ~ N 1/4 1/2 I 1 Mile approx. 5 r;;. ~',:.j,~r;;~,:, ,/': , EXHIBIT 24 Agenda Item No. 17C February 27, 2007 Page 198 of 221 CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF mSTORICAL RESOURCES '~;',~::;.;.~:,;L';:':~,~;~~~ Agenda Item No. 17e February 27, 2007 Page 199 of 221 '--..::::....-;;".:...;..:-:......~.-.':::-:::~_._--t "'" '.' ::. ...) r".. - "j , I I MAR 1 7 2006 L._ _____ __.___. __. s:;'Jr';~";:; .r-iorlt.:O r,isgionol t'I.~..':'r!";J COI..DlcH -_._-_...._~...........__._--- Mr. Daniel L. Trescott Southwest FlOlida Regional Planning Council 1926 Victoria Ave. Ft. Myers, FL 33901 RE: DHRProjectFile Number: 2006-1949 Received by DHR March 13, 2006 Toll-Rattlesnake, LtC Development of Regional Impact; Collier County March 14,2006 Dear Mr. Trescott: OUI office received and reviewed the above referenced project in accordance with this agency's responsibilities under Section 380.06, Florida Statutes. 'The State Historic Preservation Officer is to advise in the identification ofh.istoric properties (listed or eligible for listing in the National Regi5ter of Historic Places (NRHP), or otherwise of historical or architectural significance), assess effects upon them, and consider alternatives to avoid or minimize adverse effects. A review of the ~loJida Master Site File data and our .'Ccords indicated that several previously recorded at"ch/leolo~ical sites are located in the project area. In 2004 Arch~eologjcal ~nd Histotical COlUlervancy, Inc_ (ARC) conducted a Phase I cultural resow-ce assessment swvey ofthc;: majority of~e area for development and determined that five ofthe archaeological sites (8CR878. 8CR556, 8CR88!, 8CR879, 8CR880) were jjeter~ined to be potentially eligible for inclusion in the NRHP (see enclosw'e). This office concurs with the evaluation of the referenced sites made by AHC and we reconnnend that sites 8CR818. 8CR556, BCRBSl, 8CR879, 8CR880 should be preserved in a permanent conservation/preservation area identified in the property deed A professional at"Chaeologist should be consul ted to determine the boundaries of the areas to be preserved . We request that the applicant forward to ow- office written confirmation that the preservation of these sites will occur. Ifavoidance is not possible, a professional archaeologist should conduct a Phase II cultural resource assessment of the five sites prior to work commencement ofthc'project. lfa Phase IIassessment ofthe sites is conducted, the resultant report should conform to the specifications set faIth in Chapter IA- 46, Florida Admini.strative Code, and will need to be forwarded to this agency in order to complete the process of reviewing the impact of this proposed projeot on historic properties. It is also our recommendation that a professional archaeologist be present on-site to monitor any ground disturbing activities that take place in the m-eas indicated on attachment B.. These areas have been determined to be locations with a high probability to yield cultural material. The purpose of this monitoring.will be to collect and/or re'cor4 fortuitously encountered artifacts and record- thei~' pro:venience a:odthal of associates features. .' . 500 's. Br-onough Street. T"allahassee, PI. 32399-0250 . http://www..f1berltage.com a Director's Office a Archaeological Research Ii!! Hisloric PresetVatlon [] Historical Museums (850) 245-6300 . FAX: 245-6435 (850) 245-6444 . FAX: 245-9452 (850) 245"6333 . FAX: 245-6437 (850) 245-6400 . FAX: 245--6433 o Palm Beach Regional OUice (561) 279.1475 . FAX: 279-1476 o Sr. Augustine Regional Office [] TlImpa Reglonlll Office (904) 825.3045' FAX: 825-5044 (813) 272-3843 ' FAX: 272-2340 Agenda Item No. 17e February 27, 2007 Page 200 of 221 Mr. Trescott March 14, 2006 Page 2 In addition, it is our recommendation that should significant cultwal features or artifacts be encountered, the archaeologist doing the monitoring should be empowered to direct the construction activities to shift to another area away from such features or IUtifacts. This discretionary power' would enable the monitor to recover significant cultural material and record CUltUIlll featw'es in a professional manner and then the project activities could continue, Should monitoring of the project observe any significant cultural remains, the resultant report and FMSf forms should be forwarded to this office for review and inclusion in our files. Based on the project maps included with the preapplication packet, it appears that the Phase I survey conducted by ARC did not cover the entire proposed project area. However, the portion of the area for development located in Township SO South, Range 27 East, Section 30, that seems not to have been iricluded in the AHC survey, was investigated by the Florida Division of Historical Resources as part of an inventory ofthe cultural resources in Picayune Strand State Forest As part of that investigation, site 8CR826 was recorded in the referenced section. It is our determination that site 8CR826 may meet the criteria for inclusion in the NRRP, however, it is tmclear on the reviewed maps if this site is located within the proposed project area. If this site is in the lUea for development, we recommend that it be preserved in a permanent preservation area, with the same stipulations mentioned in regards to the earlier refelenced archaeological sites. If avoidance is not possible, site 8CR826 should be subjected to a Phase IT cultural resource assessment. If site 8CR826 is not located within the project area, this office is requesting that the applicant submit an indication of project botmdaries, plotted on a USGS "7.5-minute quadrangle map, which will show that the site is outside of the development area. Because this letter and its contents are a matter of public record, archaeological consultants who have knowledge of our recommendations may contact your office. This should in no way be interpreted as an endorsement by this agency. The Division of Historic:al Resources does not maintain a list of professional 81chaeologists who are qualified to work in the State of Florida and/or who meet the Secretary of the . Interior's Standards for federally involved archeological projects as specified in 36 CFR 61, Appendix A. However, the Register of Professional Archaeologists (RPA) maintains a membership directory that may be useful in locating professional archaeological consultants (http://www.manet.orglabout.btm) in your area. Many qualified ar'chaeologists are not members ofRP A and omission from "the I ist does not imply that an ar'chaeologist does not meet the Secretary's Standards or that work would not be acceptable, and inclusion dn the list is no guarantee that an archaeologist's work will automatically be acceptable. As with any contJactor you should request and check references and recent work history. If you have any questions concerning ow' comments, please cpntact Laura Kammerer, Historic Preservationist Supervisor, bY electronic maillkamr:{ierer@dos.state.n.us, or at 8S0-245~63:n or 800-847- 1278. .' Sincerely, ~". .Q P. G~- Frederick P. Geske, Ditector', and State Historic Preselvation Officer' Enclosures .:,-- Agenda Item No. 17e February 27,2007 Page 201 of 221 Excerpts from the Traffic Impact Statement I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e VanaSSe":.; Daylor ..... TRAFFIC IMPACT STATEMENT HAMMOCK PARK COMMERCE CENTER June 29, 2006 Collier Boulevard & Rattlesnake Hammock Road Collier County, Florida Prepared For: The Sembler Company 5858 Central Avenue St. Petersburg. FL 33707 Prepared By: Vanasse & Daylor. LLP Job # 80910.02 PUDA-2006-AR-10030 PROJECT #19990016 DATE: 7/12/06 MELISSA ZONE 12730 New Brittany Boulevard. Suite 600. Fort Myers, Florida 33907 T 239.437.4601 F 239.437.4636 w vanday.com I r l I I I I I I II ~ I I I I I I I .. I Agenda Item No. 17e February 27,2007 Page 203 of 221 STATEMENT OF CERTIFICATION I certify that this 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 Collaborators Reed K. Jarvi P.E. Nelson A. Galeano - ~i1 .-:.;---:;:~;;;. -~~ /."..:. ~- ,~t:"~ '- '. ... /. - E N'EST Ro, SPRAD[ING:: :'JUNf~rzoop P::E. 61235 Hammock Park Commerce Center TIS Certification Statement I li2bN ......ON N..... o - 0 Zr--"<t" NO E 2:'N lalrom ==::::J0l .g15& c:Q) mIL I~ I I I I I I I I I I I I I - I w 2{)~! ~ Collier Boul....,.d CR 9S I Santa Sarbara 80ulevar AIrport-Pulling Road Good-Lette Fnnk R03d WI :! "E ] j < d l -t' ~ ~ I I I I I 'i): BI :. i' ..'. i~~'" I I I I I I I I I Country Barn Ro, ! r~ ~ ~ :a l!~! e Cl .. ~J=~ E:i I- @ E" iii ~ I ~ ~ s: ~ 'q ~ ~ ~.3 Ii I ldi 1 lu E i E i;DNii ~ tl ~Jd ll;ll; U :;: ;! ~ ." 3 " ~ .. .0 ~ ~ o " ~ . E i ~ ~ 13 0'1 .... Isle of Caprt SR 95 I .. ~ !~ l~; lH !l ~"II 2 ~i~ ~ WI,. - II i rl ~!; ,J~- . J.. J~U dk "l"!i! ;!ill! E1.. II (1)L.. V)O <<1)- ('($>-.. CC":1 ('dO > I "......- ... I I I I I I I .. I I I I I I I . I Agenda Item No. 17e February 27,2007 Page 205 of 221 Table of Contents INTRODUCTION AND SUMMARy..........................................................................................................................1 PROPOSED DEVELOPMENT ........................................................... ......................................................................... 3 EXISTING AND PROPOSED LAND USE .......,....................................................................................................3 AREA CONDITIONS.................................................. ,................................................................................................3 SITE ACCESSIBILITY... ...... ......... .... ........... .... ... ........ ........ ............ .... ..... ........ ........ .... ...... .......... .............. ..... ....... 3 PROJECTED TRAFFIC. .................. .......... ...... ......... ........ .... ............. ............ .................... ....... ......... ........ ....... ........... 5 TRIP GENERATION ...............................................................................................................................................5 TRIP DISTRIBUTION AND ASSIGNMENT ........................................................................................................6 SIGNIFICANCE TEST ....... ..... .................. .... ....... ....... ..... ........ ........ .... ................. .......... .... ............. ........ ........ ....... 6 PROJECTED BACKGROUND TRAFFIC VOLUMES ......................................................................................... 8 ANALYSES ....................................................................................................................,.............................................9 CAPACITY AND LEVEL OF SERVICE ............................................................................................................... 9 SITE ACCESS .... .............. .... .... .... .... .... ...... .... ..... ........ ...... ........ .... ............... ........ ........ .......... ........ .............. .... ......12 IMPROVEMENTS ANALYSIS ..... ........... ...... ... ........... .... ........ ......... ...,.... .................... ...... ........ ...... ........... ............. 15 MITIGA nON OF IMP ACT .......................................................................................................................................15 List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibits 4, 5 Exhibits 6, 7 Exhibits 8, 9 Exhibits 10, 11, 12 Exhibits 13, 14 Exhibits 15, 16 Appendix Project Trip Generation Site- Generated Trip Distribution Significance Test Link-specific Background Traffic Data Background Traffic Growth Projections Link Analysis Results Intersection Analysis Results Location Map Concurrency Traffic Volumes Site-generated Percentage Distribution Primary Trip Assignment Phase I & Buildout respectively Pass-By Deductions Phase I & Buildout respectively Site-generated Trip Assignment Phase I & Buildout respectively PM Background Traffic 2009, 2010 & 2011 respectively PM Total Traffic Phase I 2009 & 2011 respectively PM Total Traffic Buildout 2010 & 2011 respectively Hammock Park Commerce Center TIS Page i Table of Contents I I I I I I I I I I I I I. I I I I I I Agenda Item No. 17e February 27,2007 Page 206 of 221 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Traffic Impact Study for the Hammock Park Commerce Center site. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic-related problems are anticipated and that effective mitigation measures are identified as part of a Planned Unit Development Extension request. This development was previously approved with up to 200,000 square feet (st) of Retail Shopping Center (LU 820) land use which is being reduced to a maximum of 160,000 sf. The project will be completed in two phases. Phase I will consist of 45,000 sf of LV 820 land use to be completed by the 2008 peak season. Buildout of the site is planned by 2009 peak season and will consist of 160,000 sf of LU 820 land use. The analysis used a 2009 planning horizon for Phase I, 2010 for Buildout, and 2011 for a 5-year projection. Exhibit 1 shows the location of the Hammock Park Commerce Center site. The Phase I analyses indicated that no roadway segment is projected to have estimated site- generated trips that are significant (>3% of the Performance Standard Maximum Service Flowrate-SFmax). No off-site improvements are projected to be required for the Phase 1. Under Buildout traffic conditions, Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard exhibits site-generated trips greater that 3% of the SFmax. The projected impact therefore is significant; however, the projected impacts are not adverse because the total traffic volume does not exceed the SFmax at this linle The studied links are projected meet the level of service standards for the Peak Hours for both Phase I and Buildout Year for projected Background and Total Traffic. Collier Boulevard & Rattlesnake Hammock Road intersection improvements are planned for construction by Collier County with the following lane configuration: Southbound Approach - I exclusive left, 3 thru, I exclusive right Northbound Approach - 2 exclusive lefts, 3 thru. I exclusive right Eastbound Approach - 2 exclusive lefts, I thru. 2 exclusive right Westbound Approach - I exclusive left, I shared thru/right Hammock Park Commerce Center TIS 1:\ProjectsI809\8091 0\Traffic18091 0_ TIS_OOS.doc I Agenda Item No. 17e February 27,2007 Page 207 of 221 r' l The proposed accesses on CR 951 and on Rattlesnake Hammock Road should have the following configurations: I I I I I I I CR 951 RI/RO: Approx. 575 ft north of the Rattlesnake Hammock Road centerline 235- ft northbound exclusive right turn lane Rattlesnake Hammock Road Extension West Access: Approx. 425 ft east of the CR 951 centerline Full-movement access 195- ft eastbound exclusive left turn lane Rattlesnake Hammock Road Extension Main Access: Approx. 850 ft east of the CR 951 centerline Full-movement access 195- ft eastbound exclusive left turn lane Rattlesnake Hammock Road Extension East Access: Approx. 1,135 ft east of the CR 951 centerline Full-movement access No right or left turn lanes ~ The developer proposes to pay the appropriate Collier County Road Impact Fees and proportionate share fees, as appropriate. The developer also proposes to construct the site-related improvements identified at the site access. I I I I I I I II I Hammock Park Commerce Center TIS 2 1:\Projecu\B09\80910\Traffic\B091 0_ TlS_OO5.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17C February 27, 2007 Page 208 of 221 PROPOSED DEVELOPMENT EXISTING AND PROPOSED lAND USE The project is located in the northeast quadrant of the Collier Boulevard & Rattlesnake Hammock Road intersection. The parcel is currently vacant. This development was previously approved with up to 200,000 square feet (sf) of Retail Shopping Center (LV 820) land use. The project will be completed in two phases. Phase I will consist of 45,000 sf of LV 820 land use to be completed by the 2008 peak season. Buildout of the site is planned by 2009 peak season and will consist of 160,000 sf of LV 820 land use. The analysis used a 2009 planning horizon for Phase I, 2010 for Buildout, and 2011 for a 5-year projection. Exhibit 1 shows the location of the Hammock Park Commerce Center 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. Collier Boulevard (CR 951) Collier Boulevard (CR 951) in the study area will be an arterial north-south four- and six-lane divided roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). Rattlesnake Hammock Road Rattlesnake Hammock Road in the study area is an east-west two-lane undivided roadway under County jurisdiction. Rattlesnake Hammock west of Collier Boulevard is an arterial roadway with a speed limit of 45 mph, and is a local roadway east of Collier Boulevard with a 35 mph speed limit. Hammock Park Commerce Center TIS 3 1:\Projects\809\8091 O\Traffic\8091 0_ TIS_OO5.doc I Agenda Item No. 17e February 27, 2007 Page 209 of 221 ,..-- ~ TRAFFIC VOLUMES I I I I I I I VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County Transportation Planning Department 2005 Traffic Count Report (Collier 2005 Counts) and the Collier County Concurrency Segments Tables dated March 4, 2006. The Appendix contains copies of the applicable data used. Exhibit 2 shows the links in the study area, along with the studied existing intersections and proposed site accesses. The concurrency segment table total volumes were converted into turning movement volumes by using approach percentages derived from the FTE counts, which were then used for the intersection capacity analyses. 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 2006 to FY 2008 timeframe were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan Year 2005 - 2010. The committed improvements that could affect the area include: I I I I I I I Collier Boulevard: · 6-lane expansion from Davis Boulevard to US 41 beginning 2006; and · 6-lane expansion from Green Boulevard to 1-75 beginning 2010. Rattlesnake Hammock Road: · 6-lane expansion from Polly Avenue to Collier Boulevard is under construction and is projected to be completed until 2009. II I Hammock Park Commerce Center TIS 4 1:\Projects\809\8091 0\Traftic\8091 0_ TlS_OO5.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27, 2007 Page 210 of 221 PROJECTED TRAFFIC TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation pth Edition), in accordance with current Collier County policy. The following trip generation formulae were used. Shopping Center (LU 820): ADT: Ln(T) = 0.65 Ln(X ) + 5.83 AM Peak Hour: Ln(T) = 0.60 Ln(X ) + 2.29 PM Peak Hour: Ln(T) = 0.66 Ln(X) + 3.40 PASS-BY T= Ln (T) =-0.291 Ln (X) + 5.00 I Table 1 summarizes the trip generation calculations for this development. TABLE I Site-generated Trip Estimates Phase I WKDY AM Peak PM Peak QIY Unjj; Daily Total Enter ~ I.2W Enter.Em.. Land Use Shopping Center (LU 820): 45,000 SF 4,041 97 59 38 370 178 192 Pass-by Deduction 34% -970 -24 -12 -12 -125 -63 -63 Net New Primary Trips This Use 3,07/ 73 47 26 245 1/5 /29 Net External New Primary Trips for Site Phase I 3,071 73 47 26 245 115 129 Buildout Land Use Shopping Center (LU 820): I 60,000 SF 9,218 207 126 81 854 410 444 Pass-by Deduction 34% -2,213 -50 -25 -25 -290 -145 -145 Net New Primary Trips This Use 7,005 /57 /0/ 56 564 265 299 Net External New Primary Trips for Site Buildout 7,005 157 101 56 564 265 299 Internal capture rates were not computed for the Shopping Center because the rTE trip generation rates for a stand-alone shopping center already account for the retail-to-retail internal capture between discrete uses within the development. Additionally, the retail land use will capture pass-by from the adjacent traffic stream on Collier Boulevard and Rattlesnake Hammock Hammock Park Commerce Center TIS 5 I :\Projects \809\8091 0\ T raffic\809 10_ TIS _005 .doc I Agenda Item No. 17C February 27, 2007 Page 211 of 221 "...- ~ Road. The ITE Trip Generation Handbook An ITE Recommended Practice was used to determine an average Pass-By Capture deduction (see Appendix B). Considering that the Phase I is a subset of the entire project, Phase I Pass-by is identical to the Pass-by for the entire project (34%). Table 1 presents the resulting PM Peak Hour net external site-generated trips for both the Phase I and Buildout conditions. I I I I I I I TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distributions is based on locations of generators in the area surrounding the project by each type of land use. Table 2 presents the assumed distributions. Exhibit 3 graphically presents the same data. Exhibits 4 & 5 present the primary trip volume assignments for Phase I and Buildout conditions, Exhibits 6 & 7 show the pass-by deductions, and Exhibits 8 & 9 presents the overall network site-generated trip assignments for the same conditions respectively. ~ TABLE 2 Site-generated Trip Distribution Net New Primary Trips I I I I I I I - - Trip PM Peak PM Peak Link fr2m I2 Dist ~~ ~.Em Collier Blvd Green Blvd 1-75 10% 12 13 27 30 Collier Blvd 1-75 Davis Blvd 25% 29 32 66 75 Collier Blvd Davis Blvd Rattlesnake Hammock Rd 30% 35 39 BO 90 Collier Blvd Rattlesnake Hammock Rd US41 30% 35 39 80 90 SR 951 US41 Manatee Rd 0% 0 0 0 0 Rattlesnake Hammock Rd Polly Ave Collier Blvd 40% 46 52 106 120 Rattlesnake Hammock Rd County Barn Rd Polly Ave 20% 23 26 53 60 Rattlesnake Hammock Rd Charlemagne Blvd County Barn Rd 5% 6 6 13 15 Davis Blvd Santa Barbara Blvd Collier Blvd 5% 6 6 13 15 SIGNIFICANCE TEST 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: .. I Hammock Park Commerce Center 11S 6 1:\Proiects\809\8091 O\Traffic\8091 0_ TIS_OOS.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27, 2007 Page 212 of 221 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: (1) 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 would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results for Phase I and Buildout conditions. TABLE 3 Significance Test Link frQm To Site as STD Site % of SF MAX Trips LOS Std 31690 32 0.9% 3.270 39 1.2% 3,330 35 1.1% 3,330 46 1.4% 3,330 23 0.7% 1.530 6 0.4% Phase I Collier Blvd Collier Blvd Collier Blvd Rattlesnake Hammock Rd Rattlesnake Hammock Rd Davis Blvd 1-75 Davis Blvd Rattlesnake Hammock Rd Polly Ave County Barn Rd Santa Barbara Blvd Davis Blvd Rattlesnake Hammock Rd US41 Collier Blvd Polly Ave Collier Blvd Buildout Collier Blvd 1-75 Davis Blvd 3,690 75 2.0% Collier Blvd Davis Blvd Rattlesnake Hammock Rd 3,270 90 2.8% Collier Blvd Rattlesnake Hammock Rd US41 3,330 80 2.4% SR 951 US 41 Manatee Rd 1,970 0 0.0% Rattlesnake Hammock Rd Polly Ave Collier Blvd 3.330 106 3.2% Rattlesnake Hammock Rd County Barn Rd Polly Ave 3,330 53 1.6% Davis Blvd Santa Barbara Blvd Collier Blvd 1,530 13 0.8% Hammock Park Commerce Center TIS 7 1:\Projects\809\8091 0\Traffic\8091 0_ TIS_OOS.doc I Agenda Item No. 17C February 27,2007 Page 213 of 221 ".- ~ I I I I I I I The Phase I analyses indicated that no roadway segment is projected to have estimated site- generated trips that are significant (>3% of the Performance Standard Maximum Service Flowrate SFmax). No off-site improvements are projected to be required for the Phase 1. Under Buildout traffic conditions, Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard exhibits site-generated trips greater that 3% of the SFmax. The projected impact therefore is significant; however, the projected impacts are not adverse because the total traffic volume does not exceed the SF max at this link. The intersection capacity analyses were therefore limited to the CR 951 intersection at Rattlesnake Hammock Road for the Buildout condition. PROJECTED BACKGROUND TRAFFIC VOLUMES ~ Specific Link volume data were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see the Appendix- Concurrency Segment Tables dated March 4, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. Table 4 presents the link-specific background traffic data for the significantly impacted links with the information contained in the Concurrency Segment table. I I I I I I I TABLE 4 L1nk-speciflc Background Traffic Data Based on Concurrency Segment Tables .L.ink Collier Blvd Collier Blvd Rattlesnake Hammock Rd fr2m. I2 Q,EY Davis Blvd Rattlesnake H 3,270 Rattlesnake H US 41 3,330 Polly Ave Collier Blvd 3,330 1..tili.ES. 6 6 6 LOS SI.Q E E E DPK HB. 1,850 1,730 580 TRIP ~ 393 446 188 BKGD YQL 2,243 2.176 768 ,III Since this is a rezoning application, the historical growth rate trends were computed for the links shown in Table 4 and were applied to the Directional Peak Hour volumes for comparison I Hammock Park Commerce Center TIS a 1:\Projeccs\809\80910\Trafflc\80910_T1S_00S.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27, 2007 Page 214 of 221 purposes. Table 5 presents the growth rate computational results for the same links, for 2009, 2010 and 2011, according to the Collier County policy. TABLE 5 Background Traffic Growth Projections Based on Historical Growth Trends MDT Growth DPK Hr Vol CAPA. REMAIN CAPACITY .I.in.k fr2m I2 2.QQ1 2OOS. &m 2OOS. 2QQ2 2Q.J.Q lQll Qll W2 1QJ.Q 1Ql1 Collier Blvd Davis Blvd Rattlesnake H 29,939 38,709 7.3% 1.850 2,450 2,630 2,830 3.270 820 640 -440 CoflierBIvd Rattlesnake H US 41 26.583 34.013 7.0% 1,730 2,270 2,430 2,590 3.330 1,060 900 7"l0 Rattlesnake Hammock Rd Polly Ave Collier Blvd 7,841 11,456 11.5% 5eO 900 1,000 1,120 3,330 2,430 2,330 2,210 Manual turning movement and directional counts were also collected by Florida Transportation Engineering, Inc. (FTE). These data were used to distribute the approach volumes at the intersections. Exhibits 10, 11 & 12 present the projected PM Peak Hour Projected Background Traffic for, 2009, 2010 and 2011 extracted from the FTE count approach percentages and the link specific background traffic data for Phase I and Buildout conditions. Exhibits 13 & 14 present the PM Peak Hour Projected Total Traffic for Phase I used for the intersection capacity analyses for 2009 and 2011 respectively. Exhibit 15 & 16 shows the 2010 and 2011 PM Total Peak Hour for the Buildout according to the Collier County policy. The PM Peak Hour traffic was used because the site-related land use peak hour typically occurs in the PM Peak Hour of the adjacent street traffic, ANAL YSES 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. CAPACITY AND LEVEL OF SERVICE Link Analyses Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. Background traffic volumes were projected using both the Concurrency Segment and Hammock Park Commerce Center TIS 9 1:\Projects\809\80910\ T raffic\8091 0_ TIS _ 005.doc I ,..- .... Agenda Item No. 17e February 27,2007 Page 215 of 221 historical trend methods. The Performance Standard Maximum Service Flowrates (SF max) for different roadway segments were provided by the Collier County Transportation Planning Department with the Concurrency Segment data. Copies of these data are contained in the Appendix. Table 6 presents the link analysis results. I I I TABLE 6 Unk LOS Analysis Results Based on Concurrency Segment Data l.inIs fr:2m I I I Phase I Collier Blvd Rattlesnake Hammock Rd Davis Blvd Polly Ave Buildout Collier Blvd Davis Blvd Rattlesnake Hammock Rd Polly Ave Link LOS Analysis Results Based on Historical Growth Trends I 2009 Phase I Collier Blvd Rattlesnake Hammock Rd Davis Blvd Polly Ave ~ 20 I 0 Buildout I Collier Blvd Rattlesnake Hammock Rd Davis Blvd Polly Ave 201 J Phase I I I I I I I Collier Blvd Rattlesnake Hammock Rd Davis Blvd Polly Ave 20 II Buildout Collier Blvd Rattlesnake Hammock Rd Davis Blvd Polly Ave 12 Rattlesnake Hammock Rd Collier Blvd Rattlesnake Hammock Rd Collier Blvd Rattlesnake Hammock Rd Collier Blvd Rattlesnake Hammock Rd Collier Blvd Rattlesnake Hammock Rd Collier Blvd Rattlesnake Hammock Rd Collier Blvd PK Hr Dir Traffic W/ln SF MAX 1 PCT of SF MAX ~ Siti I2la! ~.IWI: ~ :Dlli.! ~ IQ.Q/ 2,243 39 2,282 3,270 Y 768 46 814 3,330 Y 2,243 90 2,333 3,270 Y 768 106 874 3,330 Y 2,450 39 2,489 3.270 900 46 946 3,330 2,630 90 2,nO 3,270 1,000 106 1,106 3,330 2,830 39 2,869 3,270 1,120 46 1,166 3,330 2,830 90 2,920 3,270 1,120 106 1,226 3,330 Y Y Y Y y Y Y y y y 69% 70% 23% 24% y y 69% 71% 23% 26% y Y 75% 76% 27% 28% y y 80% 83% 30% 33% Y Y 87% 88% 34% 35% Y y 87% 89% 34% 37% The studied links are projected meet the level of service standards for the Peak: Hours with both Phase I and Buildout Year for projected Background and Total Traffic for all planning horizon years. Intersection Analyses The analyses were conducted using the Trafficware™ software package, SYNCHRO@ version 6.0 to determine probable intersection operations. Three different scenarios were analyzed: .. I Hammock Park Commerce Center TIS 10 1:\Projects\809\80910\Traffic\80910_ TIS_OOS.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27, 2007 Page 216 of 221 Background Traffic, Phase I and Buildout for each planning horinzon year. The committed roadway improvements were assumed to be constructed. based primarily on the relationships between the significant links and proximity to the site. The foregoing determinations were based on the background traffic data contained on Appendix. Additional analyses were conducted on key intersections in the Area of Influence. If no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. Copies of the analysis results are contained in Appendix. Although the site MCP shows three access points on Rattlesnake Hammock Road Extension and one access on CR 951, all site-generated trips were assigned to Rattlesnake Hammock Road Extension. This was done to evaluate a conservative-case scenario for the arterial-to-arterial intersection. Turn lane lengths of need will be evaluated elsewhere for these other intersections. The analyses indicate that the Collier Boulevard & Rattlesnake Hammock Road intersection is projected to operate at LOS E, with 58 sec/veh average intersection delay for 2011, under projected Background traffic conditions using the following lane configuration that is consistent with the preliminary roadway design plans for the Rattlesnake Hammock widening project: Southbound Approach - I exclusive left, 3 thru, I exclusive right Northbound Approach - 2 exclusive lefts, 3 thru, I exclusive right Eastbound Approach - 2 exclusive lefts, I thru, 2 exclusive right Westbound Approach - I exclusive left, I shared thru/right The same lane configuration is anticipated to be able to accommodate projected Total Traffic for 2010 by a simple revision of the signal timing splits. The analyses project that the intersection will operate at LOS E with an average intersection delay of 63 sec/veh.. For 2011, the same lane configuration is projected to operate at LOS E with an average intersection delay of 75 sec/veh. Table 7 presents the analysis results. Hammock Park Commerce Center TIS II 1:\Projeas\809\8091 O\T raftk\8091 0_ TIS_005.doc I Agenda Item No. 17e February 27,2007 Page 217 of 221 ....... I I I I I I I TABLE 7 Intersection Analysis Results Intersection BKGD Delay .LQS (sedveh) PHASE I Delay J..QS. (seclveh) BUILDOUT Delay .L.QS (seclveh) Year Collier Boulevard & Rattlesnake Hammock Road 2009 2010 2011 D D E 38 44 58 E 58 E E 63 75 D 39 SITE ACCESSES .. Up to four access points are contemplated for the project: one on CR 951 approximately 575 ft north of the centerline of Rattlesnake Hammock Road, and three on Rattlesnake Hammock Road Extension approximately 425 ft, 850 ft, and 1,230 ft east of CR 951. The Site Access analyses consisted of two analytic methodologies consisting of evaluating the proposed locations relative to turn lane constructability and meeting access location standards, and utilizing SYNCHRO@ software, which is based on the Highway Capacity Manual 2000 (HCM 2000), applied to Build- out year traffic as a single access point on Rattlesnake Hammock Road. The Appendix contains the SYNCHRO@ computer printouts. I I I I I I I 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. According to the Collier County Right-of Way Ordinance #2003-37, turn lanes must be provided on all access points that intersect multilane highways. Additionally, left turn lanes must be provided whenever the left turn volwne into a development is two (2%) of the Level of Service "C" daily volwne or whenever the highest hourly volume of turning movement is 20 vehicles or more. The same ordinance establishes that right turn lanes must be provided whenever the right .. I Hammock Park Commerce Center TIS 12 1:\Projecu\809\8091 O\Traffic\80910_ TlS_OOS.dOc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27,2007 Page 218 of 221 turn volume into a development is four (4%) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 40 vehicles or more. The FDOT Index 301 and Figure 3-15 of the Manual of Uniform Minimum Standards were used for conceptual geometric design (see Appendix). According to FDOT Index 301, the deceleration lane length is 145 feet for a 35 mph design speed, and 185 feet for a 45 mph design speed. Since Collier County uses the roadway posted speed as the turn lane design speed, the turn lanes on Rattlesnake Hammock Road should have 145-foot deceleration lanes, and those on CR 951 should have 185-foot deceleration lanes, in addition to the applicable storage lanes. CR 95 I RIIRO Access Access Point Location This is a secondary access. The proposed access should be located approximately 575 feet north of the Rattlesnake Hammock Road centerline. It should be a right-inlright-out only access. Northbound Ri~ht Turn The proposed access will need an exclusive right turn lane. The deceleration lane length should be 185-foot deceleration lane with departure taper. Rattlesnake Hammock Road West Access Access Point Location This is a secondary access. The proposed access should be located approximately 425 feet east of the CR 951 & Rattlesnake Hammock Road intersection centerline. This is consistent with the connection spacing requirements for an Access Class 6 facility, which is 245 feet. Although it is a secondary access, it may still operate as a full-movement intersection through project buildout with the Rattlesnake Hammock Road extension remaining a two-lane roadway. Hammock Park Commerce Center TIS 13 1:\Projecrs\B09\8091 O\Traffic\8091 0_ TIS_005.doc I Agenda Item No. 17e February 27,2007 Page 219 of 221 ",- ~ Eastbound Left Turn I I I I I I I The proposed access should be provided with an exclusive left turn lane in order to avoid queue blockage at the CR 951 intersection. The deceleration lane length should be 195 feet, consisting of a 145-foot deceleration lane with departure taper and a 50-foot storage lane. Rattlesnake Hammock Road Main Access Access Point Location This is the primary access. The proposed access should be located approximately 850 feet east of the CR 951 & Rattlesnake Hammock Road intersection centerline, and 425 feet east of the west access. This is consistent with the connection spacing requirements for an Access Class 6 facility, which is 245 feet. Eastbound Left Turn ~ The proposed access should be provided with an exclusive left turn lane in order to avoid queue blockage at the CR 951 intersection. The deceleration lane length should be 195 feet, consisting ofa 145-foot deceleration lane with departure taper and a 50-foot storage lane. I I I I I I I Rattlesnake Hammock Road East Access Access Point Location This is a service access. The proposed access should be located approximately 1,130 feet east of the CR 951 & Rattlesnake Hammock Road intersection centerline, and 380 feet east of the west access. This is consistent with the connection spacing requirements for an Access Class 6 facility, which is 245 feet. Since it is a service access, the vehicular volumes using it are anticipated to be very low. Providing turn lanes at this access is therefore unnecessary. Capacity Analysis This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side-street STOP-controlled II I Hammock Park Commerce Center TIS 14 1:\ProjectslB09\8091 O\TrafficIB0910_ TIS_OOS.doc I I I I I I I I I I I I I I I I I I I Agenda Item No. 17e February 27, 2007 Page 220 of 221 the low volumes observed today. Although the proposed site access intersection is projected to operate acceptably with a shared though/left lane for the west (eastbound) approach and a shared through/right lane for the east (westbound) approach, sufficient right-of-way should be reserved along Rattlesnake Hammock to accommodate future widening and turn lanes. IMPROVEMENTS 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 5, 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 PM Peak Hour with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. The Collier Boulevard & Rattlesnake Hammock Road is planned for construction by Collier County with the following lane configuration: Southbound Approach - I exclusive left, 3 thru, 1 exclusive right Northbound Approach - 2 exclusive lefts, 3 thru, 1 exclusive right Eastbound Approach - 2 exclusive lefts1 1 thru, 2 exclusive rights Westbound Approach - 1 exclusive left, 1 shared thru/right The proposed accesses on CR 951 and on Rattlesnake Hammock Road should have the following configurations: CR 951 RI/RO: Approx. 575 ft north of the Rattlesnake Hammock Road centerline laSt northbound exclusive right turn lane Rattlesnake Hammock Road Extension West Access: Approx. 425 ft east of the CR 9S1 centerline Full-movement access 195- ft eastbound exclusive left turn lane when needed Rattlesnake Hammock Road Extension Main Access: Approx. 850 ft east of the CR 95 I centerline Full-movement access 195- ft eastbound exclusive left turn lane when needed Rattlesnake Hammock Road Extension East Access: Approx. 1,135 ft east of the CR 951 centerline Hammock Park Commerce Center TIS 15 1:\ProjectS\809\8091 0\Traffic\8091 0_ TIS_OOS.doc I Agenda Item No. 17e February 27, 2007 Page 221 of 221 -. ~ 195- ft eastbound exclusive left turn lane when needed I I I I I I I Rattlesnake Hammock Road Extension Main Access: Approx. a50 ft east of the CR 951 centerline Fu II-movement access /95- ft eastbound exclusive left turn lane when needed Rattlesnake Hammock Road Extension East Access: Approx. 1,135 ft east of the CR 95 I centerline Full-movement access No left or right turn lanes MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fees and proportionate share fees as required. The developer also proposes to construct the site-related improvements identified at the site access. ~ I I I I I I I ~ I Hammock Park Commerce Center TIS 16 1:\Prolects\809\809I O\Trafflc\80910_ TIS_OO5.doc Agenda Item No. 170 February 27, 2007 Page 1 of 102 EXECUTIVE SUMMARY RZ-2005-AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. representing Collier County Community Development and Environmental Services Division, requesting a rezone from the Conservation Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST) and the Village Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR- ACSC/ST-4) Zoning District for property located in Sections 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request to rezone 96 acres of the northwestern half of the designated Urban Area of Copeland, as identified by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) to the Village Residential - Area of Critical State Concern/Special Treatment with a limit of four residential dwelling units per acre (VR-ACSC/ST (4)) zoning district. It should be noted that Sections 10.03.05.e.4 & 05 of the Land Development Code (LDC) require two (2) public hearings for a rezone over ten acres that is initiated by the County. One of these meetings would be a night meeting unless the BCC votes to have two day meetings. The final vote would occur during the second meeting that would be held after 5:05 unless the BCC moves to hold the second meeting during the day. CONSIDERA TIONS: The subject property containing approximately 96 acres, lies immediately north and west in the Copeland community, west of S.R. 29 and Janes Scenic Drive, in Sections 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. The urban designated area of Copeland, as identified on the Growth Management Plan's Future Land Use Map, has two separate zoning district classifications: Village Residential (VR) and Conservation (CON). The development of the Copeland area is a mix of single-family and mobile home residential units. The existing zoning boundary line between the two zoning districts subdivides several of the existing lots in the community, creating problems with obtaining building permits and confusion among the County Staff and individual property owners. It should be noted that mobile homes are not a permitted use in the CON Zoning District but are permitted in the VR District. The area that would be rezoned to the VR zoning classification would be limited to a density of four units per acre. The Copeland Civic Association has requested that this discrepancy be abated. At the request of the Board of County Commissioners, the Operations Support and Housing Department submitted RZ-2005-AR-7445 COPELAND REZONING EXECUTIVE SUMMARY Page] of5 Agenda Item No. 170 February 27,2007 Page 2 of 102 this petition which would amend the zoning map to correct this discrepancy, and limit the density to four residential units per acre. The community has also identified additional desired land uses and other unique characteristics, which are not allowed under the current codes. A Land Development Code (LDC) amendment for Copeland, submitted for consideration in the 2006 Cycle 1 LDC Amendments and subsequently approved by the Board on December 7, 2006, created a new Zoning Overlay that would provide uniformity in land use regulations within the Copeland urban designated area. The prohibition of multi- family residential structures within the overlay area is a characteristic of the overlay. FISCAL IMPACT: The rezoning petition, 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 petition is approved, a portion of the existing land will be developed and the new development may 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 PLAN IMPACT: The subject property is designated Urban (Urban-Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan and is within the Big Cypress Area of Critical State Concern. Relevant to this petition, the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units/acre. Review of the Density Rating System deems the 96 acres are eligible for a base density of 4 residential dwelling units/acre and no density bonuses are applicable. The subject property is within the Area of Critical State Concern Overlay (ACSC). The Overlay is the same or similar to the ACSC regulations contained in Florida Statutes and in the LDC's (Land Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a limitation on the amount of site alteration allowed, and all development orders approved within RZ-2005-AR-7445 COPELAND REZONING EXECUTIVE SUMMARY Page 2 of 5 Agenda Item No. 170 February 27.2007 Page 3 of 102 the ACSC are rendered to, and subject to appeal by the Florida Department of Community Affairs. Review for compliance with ACSC standards will occur at time of subsequent development order submittals (plat, SDP, building permit, etc.). Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. AFFORDABLE HOUSING IMPACT: This request should increase the availability of Affordable-Workforce Housing in the Copeland area by allowing affordable residential development to occur in areas previously prohibited due to the Conservation Zoning that bisected many properties that were also zoned VR. ENVIRONMENTAL ISSUES: The Environmental Services review staff has reviewed the petition and the Environmental Impact Arialysis, and has found them to be consistent with Policies 6.1.1, 6.2.4, and 7.1.2 of the GMP. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION (EAC): The EAC met on January 11, 2007 to review this petition, and they motioned to approve the project with the staffs recommendation. The vote was 4-2, which did not achieve a majority vote of EAC members. The two voting members on the dissenting side were not satisfied with the telemetric data for panther and bear. Not having a majority vote, the EAC is not forwarding a recommendation to the CCPC or the BCC. PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission reviewed this petition on February 1, 2007 and unanimously recommended approval by a vote of 7 to O. Staff has received a letter of support from the Chair of the Copeland Civic Association in support of this project and since no one has objected, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is the traditional type of rezone adopted by a local government. As this rezone is being initiated by the County it is legislative in nature. The Board of County Commissioners (BCC), pursuant to the Land Development Code, must consider the criteria set forth below in making its decision. Criteria for Strai2ht Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. RZ-2005-AR-7445 COPELAND REZONING EXECUTIVE SUMMARY Page 3 of5 Agenda Item No. 170 February 27. 2007 Page 4 of 102 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn m relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions m the neighborhood? 7. Will the proposed change 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? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the county? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. RZ-2005-AR-7445 COPELAND REZONING EXECUTIVE SUMMARY Page 4 of5 Agenda Item No. 170 February 27, 2007 Page 5 of 102 16. Consider: 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. 17. What is 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? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The decision to approve the rezone must have a rational basis. The rational basis consists of the written materials presented by the County's consultants and staff in the form of maps, studies, the Staff Report and Executive Summary, as well as any oral presentations made before the BCC at the rezone hearing. A super-majority vote is required to approve this rezone. Florida law and the LDC require two public hearings for this type of rezone. One of those hearings must take place after 5 :00 p.m. on a week-day unless the BCC determines by super-majority vote to have such meeting during the regularly allotted time for BCC meetings. The second hearing must be held at least 10 days after the first hearing. (MMSS) RECOMMENDATION: Considering that there are no objections to this proposal, that overwhelming majority of the residents of Copeland support this petition, and that the petition received unanimous approval of the CCPC, staff recommends that the Board of County Commissioners (BCC) concur with staff's proposal of scheduling the second hearing for this petition as a regularly scheduled item for the March 13, 2007 Board of County Commissions meeting pursuant to LDC Sections 1O.03.05.e.4 &05. PREPARED BY: Michael J. DeRuntz, Principal Planner Department of Zoning and Land Development Review RZ-2005-AR-7445 COPELAND REZONING EXECUTIVE SUMMARY Page 5 of5 Item Number: Item Summary: Meeting Date: Agenda Item No. 170 Februarv 27. 2007 Page 6 of 102 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This Item requires that all pal1lClpants be sworn In and ex parte dlsCiosure be provided by Commission members RZ-2005-AR-7445, 0, Wayne Arnold. AICP, Q Grady Minor and Associates, P,A requesting a rezone from the Conservation Zonmg District with an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST) and the Village Residential ZonIng District WIH) an Area of Cntlcal Slate Concern and a Special Treatment Overlay (VR.ACSC/ST) Zoning District to the Village ReSidential Zoning Dlstnct with an Area Of Critical State Concern and a Special Treatment Overlay IVR-ACSC/ST -4) Zonmg District for Property Located In Section 12 and 13 Township G2 South. Range 29 East, Collier County Florida. :Copeland) 2/27/20079.0000 AM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 2/9/2007 3:26 PM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 2/13/200710:26 AM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 2113/2007 11 :00 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 2/13/2007 11 :03 AM Date Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 2/1412007 9:30 AM Date Approved By Mar1ene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin, 21141200711:58 AM Date Approved By Marjorie M. Student~Stjrling Assistant County Attorney 211412007 1 :09 PM Approved By County Attorney Covnty Attorney Office Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/20/200712:01 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 2/20/2007 136 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 2/20/2007 1 :40 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2120/20076,51 PM Agenda Item No. 170 February 27, 2007 Page 7 of 102 Co~T County - ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 25, 2007 SUBJECT: PETITION RZ-2005-AR-7445 COPELAND REZONING OWNER! AGENT: Agent: D. Wayne Arnold, Planning Manager Development Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34117 Applicant: Collier County Community and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The petitioner wishes to rezone 94 acres a rezone from the Conservation zoning district with an Area of Critical State Concern and a Special Treatment overlay (CON-ACSC/ST) and the Village Residential zoning district with an Area of Critical State Concern and a Special Treatment overlay (VR-ACSC/ST) zoning district to the Village Residential zoning district with an Area of Critical State Concern and a Special Treatment overlay (VR-ACSC/ST -4) zoning district. GEOGRAPHIC LOCATION: The property is located on the west side of State Route 29, north ofU.S Highway 41 (Tamiami Trail) in the northwest half of the Copeland Urban Area in Sections 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The purpose for this rezoning petition is to bring the northwestern half of the designated Urban Area of Copeland, as identified by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) to the Village Residential - Area of Critical State Concern/Special Treatment <4> (VR- ACSC/ST<4>) zoning district. The Copeland area was originally developed as a logging camp by the Collier Company in the 1890's. After the logging activities had terminated a remnant of the residences remained, and through time additional residences were developed in the Copeland area RZ-2005-AR-7445 COPELAND REZONING PAGE] OF II Agenda Item No. 170 February 27.2007 Page 8 of 102 with a number of them being mobile homes. The urban designated area of Copeland, as identified on the Growth Management Plan's Future Land Use Map, has two separate zoning district LOCATION MAP RZ-2005-AR-7445 COPELAND REZONING PAGE20F II Agenda Item No. 170 t=ebruary 27, 2007 Page 9 of 102 Aerial Map classifications: Village Residential (VR) and Conservation (CON). The development of the Copeland area is a mix of single-family and mobile home residential units. The existing zoning boundary lined between the two zoning districts subdivide several of the existing lots in the community, creating problems with obtaining building permits and confusion among the County and individual property owners. It should be noted that mobile homes are not a permitted use in the CON Zoning District but are permitted in the VR district. The area that would be rezoned to the VR zoning classification would be limited to a density of four units per acre. RZ-2005-AR-7445 COPELAND REZONING PAGE30F 11 Agenda Item No. 170 February 27, 2007 Page 10 of 102 The Copeland Civic Association has requested that this discrepancy be abated. At the request of the Board of County Commissioners, the Operations Support and Housing Department submitted this petition which would amend the zoning map to correct this discrepancy, and limit the density to four residential units per acre. The community has also identified additional desired land uses and other unique characteristics, which are not allowed under the current codes. A Land Development Code (LDC) amendment for the Copeland area has been submitted for consideration in the 2006 Cycle 1 LDC Amendments, which would create a new Zoning Overlay that would provide uniformity in land use regulations within the Copeland urban designated area. One of the characteristics of the overlay is the prohibition of multi-family residential structures within the overlay area. The EAC reviewed this Copeland Overlay at their June 14,2006 regular meeting, and recommended its unanimous approval. The Board of County Commissioners approved the Copeland Overlay on December 7, 2006. The affective date will be at the end of the December (See Copeland Overlay). SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The site is developed with single-family homes and mobile homes and undeveloped parcels; zoned CON-ACSC/ST Terminated earth mining activities now owned by the State Department of Conservation (Big Cypress Preserve Area); zoned CON-ACSC/ST Single-family homes, Jane's Scenic Drive, State Department of Conservation area office, and undeveloped parcels; zoned VR- ACSC/ST, County maintained roadway, and CON-ACSC/ST, Single-family homes, and undeveloped parcels; zoned CON- ACSC/ST and VR-ACSC-ST, Undeveloped parcels (Big Cypress Preserve Area); zoned CON- ACSC/ST 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 of the Growth Management Plan and is within the Big Cypress Area of Critical State Concern. Relevant to this petition, the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units/acre. Review of the Density Rating System deems this project is eligible for a base density of 4 dwelling units/acre and no density bonuses are applicable. Base Density Density Bonus Density Reduction Total Eligible Density RZ-2005-AR-7445 COPELAND REZONING 4 dwelling units/acre o ..Q 4 dwelling units/acre PAGE40F1I Agenda Item No. 170 February 27,2007 Page 11 of 102 Zoning Map The subject property is within the Area of Critical State Concern Overlay. The Overlay is the same or similar to the ACSC regulations contained in Florida Statutes and in the LDC's (Land Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a limitation on the amount of site alteration allowed, and all development orders approved within the ACSC are rendered to, and subject to appeal by the Florida Department of Community Affairs. Review for compliance with ACSC standards will occur at time of subsequent development order submittals (plat, SDP, building permit, etc.). FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review staff as part of their review of the petition on its totality. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of RZ-2005-AR-7445 COPELAND REZONING PAGE50Fl] Agenda Item No. 170 February 27,2007 Page 12 of 102 the Land Development Code and required staff evaluation and comment. The Planning Commission and the BCC use these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria 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 (See Exhibit "A"). Environmental Analysis: The Environmental Services Review staff has review the petition and the Environmental Impact Arialysis, and has found it to be consistent with Policy 6.1.1, 6.2.4, and 7.1.2 of the GMP. The Environmental Advisory Council (EAC) met on January 11, 2007 to review this petition. The EAC motioned to approve of the project with the staffs recommendation. The vote was 4-2, which did not achieve a majority vote of EAC members. The two voting members on the dissenting side were not satisfied with the telemetric data for panther and bear. Not having a majority vote, the EAC does not any recommendation forward to the CCPC or the BCC. Transportation Analysis: The Transportation Services Division staff has reviewed the petition and has found that the petition is consistent with Policy 5.1 and 7.2 of the Transportation Element of the GMP. Utilities Analysis: The Utilities Department staff has reviewed the petition and advises that water and sewer service is subject to the conditions associated with the availability letter from the Collier County Utilities Division. The petitioner will provide a water and sewer availability letter at the time of SOP if the rezoning is approved. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Existing Land Uses - The subject property is bordered by Big Cypress Preserve Area to the north, west and south. That area is owned and managed by the Florida Department of Conservation and is part of the Big Cypress Area of Critical State Concern with Special Treatment overlay. The overlay area was established by the Florida State Legislature in 1974. The ACSC-ST overlay establishes specific criteria for site alteration, drainage, transportation and structure installation which include the following: Site Alteration · Limit to 10% of the total site area and the installation of non-permeable surfaces shall not exceed 50% of the disturbed area, · A minimum of 2,500 square feet on any permitted site, RZ-2005-AR-7445 COPELAND REZONING PAGE60F II Agenda Item No. 170 February 27, 2007 Page 13 of 102 . Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run-off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area, . Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent shall be provided and maintained for siltation on the construction area . Restoration of vegetation shall be substantially completed within 180 days following completion of a development, . Undesirable exotic species shall not be replanted or propagated, . No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. . Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from fill areas and ponds by unaltered areas of vegetation of comparable size. . Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. . Finger canals shall not be constructed in the Critical Area Drainage . Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. . New drainage facilit~es shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area, . New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities, Transportation . Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishrnent of sheet flow through the use of interceptor spreader systems, . Transportation facilities shall be constructed substantially parallel to the local surface flow and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs of performance equivalent structures, . Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or system, Structure Installation . Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action, . Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level as established by the Administrator of the Federal Flood Insurance administration. . The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910) as administered by the appropriate local agency. RZ-2005-AR-7445 COPELAND REZONING PAGE70FlI Agenda Item No. 170 February 27, 2007 Page 14 of 102 All Development Orders issued for projects within the Big Cypress area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration commission per Chapter 9J-l, Florida Administrative Code, "Development Order requirements for areas of Critical State Concern". These State owned properties are zoned CON-ACSC/ST. The properties to the east of the subject property consist of developed residential homes and undeveloped parcels. These properties are zoned CON-ACSC/ST, and VR-ACSC/ST. The subject property is located in a CON-ACSC/ST district. The Conservation district limits single-family residence to a minimum lot area of five acres or greater. Mobile homes are not a permitted of conditional use in the CON district. Of the 30 lots identified within the 94 acres of the subject property, 23 lots do not meet the minimum lot area for a single-family residential structure, 13 lots have a dual zoning (CON-ACSC/ST and VR- ACSC/ST), 11 lots have non-conforming mobile home residential structures on them, and two lots have an area of less than five acres with a single- family residences on them. The zoning district classification proposed for the subject property is the same as the majority of the adjacent properties to the east. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Staff believes that the proposed amendment would aid in creating greater compatibility within the urban designated area of Copeland, as well as meet the needs of the subject property by abating the non-conforming conditions and bring continuity and stability within the Copeland community. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required NIM on June 15,2005 at 5:30 P.M. at the Copeland Baptist Mission, at 900 Church Street, Copeland. Twenty-nine persons other than the applicant and county staff attended the meeting. There were many questions relating to the proposed rezone and the existing zoning to the area of Copeland. Many persons expressed their unhappiness of how their property was rezoned without their knowledge and were very frustrated with the burdensome regulations that encumber their property. They were concerned as to the fate of those properties, which are currently split by two different zoning districts. They also expressed their need to get clarification with the regulations associated with the overlay restrictions of the "Area of Critical State Concern" (ACSC). There was discussion relating to the requirement of an Environmental Impact Statement (EIS) for the rezoning request. They were unsure if this should be done for just the area in the rezoning request, or for the entire community. They also questioned if this study could be utilized for individual lots when completed. There was discussion relating to the need of an overlay and amendment to the Land Development Code (LDC), or if the rezoning would meet their needs. They were interested in getting this done as quickly as possible, but wanted to make sure that their needs were met. Donnie McDowell, President of the Copeland Homeowners Association, stated that he believed that there was an agreement that had been reached with the County regarding a ten-year exemption from RZ-2005-AR-7445 COPELAND REZONING PAGE80F ]] Agenda Item No. 170 February 27, 2007 Page 15 of 102 the Management Plan. He said that he was going to research this further and proved this information to the staff. The meeting was adjourned at 6:45 PM. RZ-2005-AR-7445 COPELAND REZONING PAGE 9 OF 11 Agenda Item No. 170 February 27, 2007 Page 16 of 102 UOAR <VALUI!!:" ~<4,'-4.5 -...,.... IIIiJ ~l-4..S c::::J :C. - . &E'!Z.1-2.5 ~Rl 1.6-2 ~,.1.U. l!lTI IU. 1 _C'.1-C~S: ~-tC.~.C- RZ-2005-AR-7445 COPELAND REZONING PAGEJOOFII Agenda Item No. 170 February 27, 2007 Page 17 of 102 STAFF RECOMMENDATION: 1. That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners (BCC) a recommendation of approval of petition RZ-2005-AR-7445. PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the February 27,2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE RZ-2005-AR-7445 COPELAND REZONING PAGE 11 OF 11 RZ.200S-AR- 7445 PROJECT # 2004050010 DATE: 4/11/05 MICHAEL DeRUNTZ Agenda Item No. 170 February 27, 2007 Page 18of102 , ('I ,/< APPLICATION FOR PUBLIC I-IEARING FOR: STANDARD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 , General IllfOl'matiou: Name of Applicant(s) Collier County Community Development and Environmental Services Division Applicant's Mailing Address 2800 North Horseshoe Drive City Naples State Florida Zip 34104 Applicanfs E-Mail Address: Applicant's Telephone # Fax # Name of Agent D. WaVllc Arnold Firm O. Gradv Minor and Associates, P,A. . Agent's Mailing Address 3800 Via Del Rev City Bonita Sprin2s State Florida Zip 34117 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 Agent's E-Mail Address:warnold@gradyminor.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 F:\J 0 B\COPELAND\CARl\RezoneRAODlicslion070704 ,doc APPLICATION FOR PUBLIC I[EAIUNG FOR STANDARD REWNE - 4/14/03 Agenda Item No. 1"l0 , February 27, 2007 C . Chi bb' i G 'd If d. Page 19of102 *Be aware that oIlier ounty 8.S 0 Y1St regulat ons. Ul e yourse accor mgly and . ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if 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 Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2. Disclosure of Interest Illformation: 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 F:\J OB\COPELAND\CARl \Re;roneRAolllica Hon070704.doc APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 b. Agenda Item No. 170 February 27,2007 . . Page 20 of 102 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. . . Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LllvllTED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT POR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership D ate of Contract: F:\JOB\COPELAND\CARl \Re:1lootlRAllllllcatioIl07!1704.doc APPLICATION FOR PUBLIC HEARlNG FOR STANDARD REZONE -4/14/03 Agenda Item No. ~ 70 February 27, 2007 f. If any contingency clause or' contract tenus involve additional patties, list>a~ 21 of 1 Q2 individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property, acquired 0 leased D _ __ Tenn of lease _->'!s./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public Hearing, it is the responsibility of the applicant, or agent on his behalf" to submit a supplemental disclosure of interest fonn. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved i.n each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 tl to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 12 and 13 Township: 52 S Range: 29 E Lot: Block: Subdivision: Plat Book_Page #: Property I.D.#: Metes & Bounds Description: 4. Size of property: ft. X ft. = Total Sq. Ft. Acres 94:i: 5. Address/general location of subiect property: The subiect property lies immediately north and west of the Copeland community west of S.R. 29 and Janes Scenic Drive. F~\JOD\COPELAND\CARl\RezoneRAl>l>llcRtion070704.doc APPLICA nON FOR PTffiLIC HEARING FOR STANDARD REZONE - 4/14/03 6. Adiacent zoning; and land use: Agenda Item No. 170 February 27,2007 Page 22 of 102 Zoning Land use N CON-ACSC/ST EARTH MINE S VR~ACSC/ST ci VACANT CoN ....Ac-~ fsr E VR~ACSC/ST q SINGLE-FAMILY HOMES Ce:t"J - AC5Lj Si W CON-ACSC/ST VACANT Does the owner of the subject propelty own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property LD.#: Metes & Bounds Description: 7 . Rezone Reauest: This application is requesting a rezone from the CON-ACSC/ST zoning district (s) to the VR-ACSC/ST <4> zoning district(s). Present Use ofthe Property: Partially developed with sin21e-familv residences. Zooin!! line bisects approximately 16 properties. Proposed Use (or range of uses) ofthe property: Continued use as sin2:le-familv homes. 8 . Evaluation Criteria: Pursuant to Section 2.7.2.5. 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 nalTative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in SUPPOlt of the request. Standard Rezone Considerations (LDC Section 2.7.2.5,) F:\JOB\COPELAND\CARl\RezoneRADDlieatio n070704.doc APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE _ 4/14/03 Agenda Item No.:170 February 27.2007 Page 23 of 102 1. Yf1zether the proposed change will be consistent with the goals, objectives, and . policies andfuture land use map and the elements of the growth management plan. The proposed change is consistent with the Goals, Objectives, and Policies of the future land use map and elements of the Growth Management Plan. The subject rezoning is located in the urban designated area of the County. The proposed rezone will affect 16 developed. properties in the Copeland area, and will alleviate the non-conforming zoning status of the properties. 2. The existing land use pattern. The existing land use pattern SUPPOl'ts the proposed rezoning from CON- ACSC/ST to VR-ACSCIST <4>. The proposed VR designation is consistently applied to other residentially developed properties in the Copeland area. 3, The possible creation of an isolated district unrelated to adjacent and nearby districts. An isolated zoning district is not created as a result of the zoning charge. All contiguous pI'operties lying east of the subject property is also zoned VR- ACSC/ST. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing boundaries have been illogically drawn, and arc not consistent v\'ith the residential improvements that presently exist on the 16 affected parcels. 5. Whether changed or changing conditions malce the passage of the proposed amendment (rezone) necessary. Conditions have changed, which warrant the zoning change. All properties lying to the west of the subject rezoning are owned by 6. Whether the proposed change will adversely influence living conditions in the neighborhood. No, the zoning change will improved living conditions by eliminating the non- conforming z;onillg status, and permit residents to obtain building permits for necell'sary residential building improvements. F:\JOB\COPELAND\CARl \RezoneRApplitllllon070 704.doc APPLICA nON FOR PUBLIC HEARING FOR STANDARD REWNE - 4/14/113 Agenda Item No. 170 February 27, 2007 Page 24 of 102 7. Jflhether 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. No increased traffic will result from the rezoning. The subject properties are developed with residential dwellings and the resulting zoning will continue to permit the residential use. 8. Whether the proposed change will create a drainage problem. No drainage problems will result from the zoning action. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The subject properties will continue to be subject to LDC provisions for building setbacks~ yards, open space, etc.~ therefore no diminution of light and air will result. 10. Whether the proposed change will seriously affect property values in the adjacent area. . The zoning charge will have no negative impacts with resp'ect to property values by eliminating non-conforming conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The zoning change will permit development and redevelopment of the subject properties by eliminating the non-conforming zoning status. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The zoning change wlII affect a total of 16 properties. The zoning change is consistent with the surrounding zoning and provide a public benefit by eliminating the non-conforming statues of the properties. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The present zoning is Conservatiollt and several of the subjects properties have a portion of the property zoned VR and COW. . The dual zoning recently has created difficulties for property owners obtaining building permits home improvements. F:\JOD\COPELAND\CARl\RczoneRAOl>llclltlon070704.doc . APPLICATION FOR PUBLIC HEARING FOR ST~ARD REZONE - 4/14/03 Agenda Item No. 170 February 27, 2007 14. Whether the change suggested is out of scale with the needs of the neighborhoF3d9!h'25 of 102 the county. The zoning change is appropriate for the area, and the proposed zoning district is consistent with the adjacent zoning district. 15, Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. This criteria is not applicable to this rezoning application due to the existing site conditions that arc present. 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. Only typical site improvements in support of residential development will be required, consistent with existing improvements. 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. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions. however, many comrriunities have adopted such restrictions. Yau may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this properly within the last year? If so, what was the nature of that hearing? NO 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8Y2" x II" 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 CCPe]; F:\JOB\COPELAND\CAR1 \RezonllRADP]lcatlon070704.do c APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 170 February 27, 2007 Page 26 of 102 . 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 huffering as may be required by the County; c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (ElS), as requited by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months)) minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Tl'ansportation 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 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service. 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 j. Ariy 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. F:\JOB\COPELAND\CAR1\Re7A1l1cRA nplica llon070704 .ODC APPLICATION FOR PUBLIC HEARJNG FOR STANDARD REZONE - 4/14/03 Agenda Item No. 170 February 27,2007 Section 2.7.2.3.2 (3) of the Land Development Code requires an appliclintgtlJ27 of 102 remove their public hearing advertising sign (s) after final action is taken by tile . Board of County Commissioners. Based on the Board's fmal action on this item, please remove all public hearing advertising sign (s) Immediately F:\JOB\COPELAND\CAR1\RtlzoneRAnnllcation076'104.doe APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14f(J3 Agenda Item No. 170 February 27, 2007 Page 26 of 102 · 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 providedparking 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 Ole COl.mty; c. An architectural rendering of any proposed structures, d. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land Devclopment Code (LDC) , or a request for waiver if appropriate. e. Whethcr or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identifY plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Lund Use Cover and Forms Classification System. Additionally, a ealelllation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and locution(s) of the required porlion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at prc- application meeting); i. The petitioner must provide a letter of no objection fi'om the United States Postal Service prior to snbmittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodletle Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 j. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. F:\JOB\COPELAND\CARl\RezoneRADDllcatlon070704.oDc. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 170 February 27. 2007 Page 28 of 102 STATEMENT OF UTILITY I>ROVISIONS FOR STANDARD REZONE REQUEST 1 . NAME OF APPLICANT: Collier County Community Develop-ment and Environmental SClvices 2. MAILING ADDRESS: 2800 North Horseshoe Drive CITY Naples ST ATE Florida ZIP 34104 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Township: Range: Lot: Block: Subdivision: Page #: Property I.D.#: Plat Book Metes & Bounds Description: Please refer to attached Exhibit "A" Legal Description 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable s)'stem): a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM [g] PROVIDE NAME Copeland d. PACKAGETREATMENTPLANT D (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME Copeland d. PRIVATE SYSTEM (WELL) o o !ZJ o F:\JOB\COPELAND\CARl\RczoneRAoplicatlon070704.dllC APPLICA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 7. TOTAL POPULATION TO BE SERVED: 64:1: RESIDENTS Aaenda Item No. 170 ~ February 27, 2007 Page 29 of 102 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY 3,200 GPD B. SEWER-PEAK AVERAGE DAILY 3.200 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County 'dtilities 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. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or othenvise 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. Utlllty Provision Statement RJM 10/17/97 F:\JOD\COPELAND\CARI \RczoneRAnnHcalion070704.doc APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 170 February 27,2007 Page 30 of 102 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETI REQUIREMENTS #OF NOT COPIES REOUIRED REQUmED 1. Completed Application 20* 2. Copy of Dced(s) and list identifying Ownel'(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans 20* .(' 6. Environmental Impact Statement - (EIS) 4 .(' 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 ./ attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 .(' 10. Historical & Archaeological Surveyor Waiver 4 ./ Application (waiver reauest) 11. Copies of State and/or Federal Permits 4 ./ 12. Architectural Rendering of Proposed Structure(s) 4 ./ 13. Electronic copy of all documents and plans 1 14. Application Fee = $6000.00 plus $25.00 per acre - Comprehensive Plan Consistency Review = $750.00 Fire Code Review Fee = $100.00 Check shall be made payable to: Collier County Board of Commissioners 15. Letter of no objection from the United States Postal 1 .(' Service. 16. Other Requirements- * Additional Documents required for Long-Range Planning Review. As the al!thorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include aU necessary submittal infonnation may result in the delay of processing this petition. ~\~ Jl1\\or Date Agent! Applicant Signature F:\JOB\CO PELAND\CARl \RczoneRAunllcation070704.do c APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 41l4/03 AFFIDA VIT Aaenda Item N0. 170 ~ February 27. 2007 Page 31 of 102 We, Collier Countv being first duly sworn, depose and say that we are the applicants for 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 supplementalY 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 Applicant, well further authorize O. Gradv Minor and Associates, P.A. to act as our/my ~ ]ers regarding this Petition. Signature of Applicant ,/ . (jA)!$ !)I<Cc.J7Y?- yped or Printed Name of Ap, licant /-::::;:+- f/ -+l. l'heforegoing instrument was acknovvledged before me this S day of bd.-t:>'-o-1A- , 2004, by \-\. \). ~ cUt b ~ who is personal~y known.. to me or has produced as identification. State of Florida County of Collier "'~~~Y~II,, Lau~e~ J. Beard /~~.~~ CommlSSlOn #DD159084 ~;:. "{).::~ Expires: Oct 24, 2006 "'~~ Of f~J!..:: Bonded Thru """ ",. Atlantic Bonding Co., Inc. (print, Type, or Stamp Commissioned Name of Notary Public) Agenda Item No. 170 February 27,2007 Page 32 of 102 TRAFFIC IMPACT STATEMENT (TIS): 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 with regard to 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 often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (I'SDT) 2. Trip Assignment: Within Radius 'ofDevelopment Influence (RDl) 3. Existing Traffic: Within RDI AADTVolumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any lUlticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the extcmal right-of-way) such as providing or eliminating an ingress/egress point, or providlng 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, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3, A Major TIS shall address all of the items listed above (for a Minor TIS, lInd shall also Include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. PlannedJProposed Roadway Improvement F:\JOB\COPELAND\CARl\RezoIl6RADDllcatloIl070704.dQC APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/J4/03 6. Proposed Schedule (Phasing) of Development Agenda Item No. 170 February 27,2007 Page 33 of 102 TRAFFIC IMPACT STATEIVlENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in confOlmance with the acceptable traffic enginetlring 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 Assbmment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all1inks within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existln2 Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The MDT, PSDT, and LOS shall be depicted for all1inks 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 fOlth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assigmnents from the proposed project on the major thoroughfares exc~eds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRl Other (collUnercial, 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. F:\JO B\COPELAND\CARl\RezoneRADIlIlcJltionO?0704.do c APPLICATION :FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 170 February 27,2007 6 .. Intersection Analysis: An intersection analysis is required for all intersections withlfrllife34 of 102 RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Back2round 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 within the projects RDl. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Thro1l2h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within ilie RDI should be identified. A description ofthefunding commitments shall also be included. 11. Project Phasin2: 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 nJitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RlM I0f17/97 F :\JOB\COPELAND\CAR1\RezoneR Anl1li catiun070704.doc APPLICATION FOR PUBLIC nEARING FOR STANDARD REZONE- 4/14/03 . , , . Details .\ A[wDQ?Jte~f1:l.t'.lo. 170 ~ aflt ~7. 2007 .Page 35 of 102 Fotio No.11 01134800609 .MAA II ~ Current Ownership Property Addressll350 OLD TRAIN LN ~ Owner Namell ROBERTS, MITCHELL A Addresses PO BOX 14 City COPELAND State \ FL Zlpl 34137.0014 Legal ,135229 UNRECORDED PARCEL K OESC AS: COMM AT E114 CNR SEe 13, N B8DEG W 987.57FT, S 42 DEG W 37FT N 52DEG W "For more than four lines of Legal Description pleasil call1he Property Appraiser's Office. Section 13 Acres 10.39 Map No. 7E13 Strap No, f5229130BO.0007E13 I '1 .MI1llim 15.7153 Sub No. 4'J Use Code 100 99 I ACREAGE HEADER NON.AGRICULTURAL ACREAGE '1J Millaae Area 35 2004 Final Tax Roll Latest Sales History $ 13,507.00 $ 0.00 $ 13,507.00 0.00 $13,507.00 I 0511993 II $ 0.00 Date Book. Page Amount 04 J 2003 3251 . 843 $ a.oo 05 J 20aO 2680 . 3388 $ 0.00 03/1996 2402 . 2641 $ 6,000.00 1829.1189 $ 2,000.00 I RZ-2005-AR-7445 . PROJECT # 2004050010 DA TE: 4/11/05 MICHAEL DeRUNTZ ~ The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp ?F olioID=000000113 4 800609 1/13/2005 Details Agenda Item No. 170 ~l:Ffy~71 2007 .... ....~age '3'6 of 102 _. Current Ownership Property Addressll NO SITE ADDRESS Folio No.11 01134801200 'MaR II Owner Name MCDOWELL, DONALD R=& DIANNA Addresses PO BOX 478 227 OLD TRAIN LANE City COPELAND II Stetell FL I Zipll 34137- Legal 1135229 UNREC PAR L DESC AS: I COMM AT E 1/4 CNR SEe 13 N 68 DEG W 987.57 FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N " "For more than four lines of Legal Description please call the Property AppralsBr's Office. Section Township Acres Map No. Strap No. 13 52 6.61 71:13 522913086.0007E13 Sub No. 100 I ACREAGE HEADER "fj ~ "fJ Use Cod~ 99 NON-AGRICULTURAL ACREAGE 15.7153 2004 Final Tax Roll Latest Sales History Land Value . $ 13,220.00 (+llmpro'lled Value $ 0.00 {=} Market Value $ 13,220.00 (-) SOH Exempt Value $ 0.00 (=1 Assessed Value $13,220.00 (-) Homestead and other Exompt Value $0.00 (=l Taxable Value $ 13,220.00 Date 12 / 200 11/ 2000 05/1997 07/1993 01/1993 Book - Page 2154 - 208 7 2311.1071 1845. 1789 1792 - 933 Amount $ 8,500.00 $ 0.00 $10,000.00 $ 0.00 $ 0.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. -. The Informatlon'ls Updated Weekly. ntl.n://www.co1HP.l.l.lnm.f\;~p.r~nmmP~(m-rnpt<lil<lct.\.TH.nlinTn=r1nnnnnl 1 ":l.1Qn 1 ')nn 1 /1 ~ /")nn" Det!1-ils A9Wl9..9. ltem..r~o. 170 ~Jaryr2:Y'. 2007 Page 37 of 102 - Current Ownership Property Addressl1275 BROCKINGTON DR Folio No.11 01132720008 Mm211 I Owner N amel GRAHAM EST, MONROE I Addresses! % PANSY ANDERSON PO BOX 122 I Cityl COPELAND II Statell FL I ZiD1134137.0122 r Legal1l13 5229 COMM E1/4 CNR SEe \I 13, N6B DEG W987.57FT, 542 DEG W37FT, N54 DEG W134.40 FT. N356FT, NB8 DEG W "For more than four lines of Logal Description please call the Property Appralser's Office. Township 52 Strap No. 622913022.0007E13 Section 13 1\ II , ..ftl MlIl.ago. 15.7153 Sub No, 4!J Use Code 100 G9 II ACREAGE HEADER II NON-AGRICULTURAL ACREAGE II ~ MII~5ge Area 2004 Final Tax Roll Latest Sales History Land Value $ 3,260.00 (+) Improved Value $ 0.00 (oo) Market Value $ 3,260.00 (-} SOH Exempt Value $ 0.00 (=) Assessed Value $ 3,260.00 (-) Homestead and other Exempt Value $ 0.00 ("') Taxable Value $ 3,260.00 Data Book. Page II Amount SOH = 'Save Our Homes" exempt value due to cap on assessment increases. rmIBI7Ii The Information Is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F 0 lioID=OOOOOO 113 2720008 1/13/2005 Aqenda Item No. 170 . .", Details - ji~,l;uprg'+21, 2007 , ~~age3$of102 - Current Ownership Folio No.11 01132040005 M.ll.P.11 Property Addressl1290 BROCKINGTON DR Owner Name I GRAHAM ET UX, MONROE I Addresses PO BOX 122 I CIty COPELAND II Statell FL II Z\plr 34137.0122 I Legal1l13 5229 COPELAND VILL UNRECD II PAR 71 DIESC AS:COMM AT 51/4 CNR OF SEC 13, N 6BDEG W 9B7.57FT, SAID CNR BNG PL OF "For mora than four lines of Legal Description please call the Property Appraiser's Office. Section 13 Range 29 Acres -- Map No. 7E13 11 Mlllil.ge 15.7153 Sub No. "fJ Use Code ACREAGE HEADER NON.AGRICULTURAL ACREAGE ~ Mlllage Area 35 2004 Final Tax Roll Latest Sales History Book. Page II, Amount Land Value $ 2,000.00 (+) Imoroved Value $ 0.00 I=} Market Value $ 2,000.00 (-) SOH Exempt Value $0.00 {II) Assessed Value $ 2,000.00 H Homestead and other Exempt Valuo I $ 0.00 I 1=1 Taxable Value $ 2,000.00 Date . ~ SOH = 'Save Our Homes" exempt value due to cap on assessment increa ses. . . , -- The Information Is Updoted Weekly. ,. u._. ,,_______ _ _11! _ .____ __ .._ ~ _ _n _ ..___ In ., ...__..1r\ .....~1 .. __rlTI..1:.. n,_(\f\(",\l",\ 1 1 '1 ')1111 ("\1'1(\01;." 1/1~nn()" Details ~ Agenda Item No. 170 f~upwr4, 2007 ~l:}fage"'3g of 102 Folio No.11 01134802801 .M.mI II - - . Current Ownership Property Addressl1270 SINGLETARY 5T Owner Name" HOSSAIN, OELOWAR Addresses 408 NW 30TH CT APT 206 CIty POMPANO BEACH I State~ FL Zl 33064.3121 Legal 1135229 UNREC PAR N DESC AS: I I COMM AT E 114 CNR SEe 13, S I 42 DEG W 37FT, N 52 DEG W 134.40 FT, N 00 DEG E 358FT, .For more tl1an four lines of Legal Description please call the Property Appraiser's Office. Section 13 Township 52 Range 29 Map No. 7E13 Sub No. -1J Use Code ACREAGE HEADER NON-AGRICULTURAL ACREAGE "'el Mllfage Area 35 100 99 "'G MJlla.gll. 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 1,720.00 (+) Improved Value $ 0.00 (=) Market Value $1,720.00 (-) SOH Exempt Value $ 0.00 (e) Assessed Value $ 1,720.00 (-) Homestead and other Exempt Value I $ 0.00 I {=} Taxable Value $1,720.00 Amount I $ 800.00 Book. Page 3459 . 2955 SOH = "Save Our Homes" exempt value due to cap on assessment Increases. tmIIIIII The Information is Updated Weekly. httn./I,lTurm rn lli P.1"!>.....,...r~iQPr (''''......JR I'>"nrr1n",t",.l <l"'t'\?~",li", Tn =n (\()()()(\ 1 11. A Q()') Q(\ 1 1 /1') ,....(\(\1;. Details Agenda Item No. 170 P6.ReJ~r0:t:1, 2007 'Page 40 of 102 Folio No,11 01134801307 tillw-II - Current Ownership Property Addressll NO SITE ADDRESS I Owner Namel BEE JR, GReORY ALAN 1 Addressesl PO BOX 1 I Cltyl COPELAND II Statell FL II Zlpll 34137. 0001 Legal 1135229 UNREC PAR R DeSC AS: I COMM AT E 1J4 CNR SEC 13 N 68 DEG W 987.57FT, S 42 W 37FT, N 52 DEG W 134.40FT, N 358FT, . "For more than four lines of Legal Description please call the Property Appralser's Office. Sub No. '1J Usa Code 100 99 Map No. 7E13 Section 13 Township 52 ACREAGE HEADER NON.AGRICUL TURAL ACREAGE ~ MillM@ 15.7153 2004 Final Tax Roll Latest Sales History $ 7.660.00 $ 0.00 $ 7,660.00 $ 0.00 $ 7.660.00 $ 0.00 I Date I Book. Page Amount I 12/2000 I 2754 . 203 $ 4100.00 07/1998 2444 - 3427 $ o.on 04/1997 2303. 2928 $ 6,000.00 1 0 /1995 2109 -199 $ 0.00 -- The Information Is Updaled Weekly. htm://www.collierauuraiser.comIRecordDetaiLaso?FolioID=0000001134R01307 1/11I?On" Details AgmcJ..<i Ile8f;No. 1.7D ~YuafY 21',2007 . Page 41 of 1.02 Folio No.11 01134804003 M1U211 - Current Ownership Property Addressl1275 SINGLETARY ST I Owner Namel GARCIA, BARBARA J Addresses JOHN T TORRE PO BOX 504 City COPELAND II state\1 FL II Zlp\\ 34137 .0504 L9galll13 5229 UNREC PAR 0 DESC AS: I COMM AT E1/4 CNR SEe 13, N 68 DEG W 9B7.57FT. S 42 DEG W 37FT, N 52 DEG W 134.40FT, N .For more than four lines of Legal Description please call1he Property Appraiser's Office. SectIon 13 Township 52 Range 29 Map No. 7E13 Strap No. 522913114.0007E13 Sub No. 4'l.!.!.5.~J&UI.ft 100 99 ACREAGE HEADER I NON-AGRICULTURAL ACREAGE "G MJ.!!i!.g.!LArn 35 J(IJ MilI.lum 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 6,500.00 (+) Improved Value $ 0.00 (=) Market Value S 6,500.00 (-) SOH Exempt Value $ 0.00 (=r) Assessed Value $ 6,600.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 6,500.00 SOH'" 'Save Our Homes' exempt value due to cap on assessment Increases. http://mvw.collierappraiser.comlRecordDetail.asp?FolioID=OOOOOO 1134804003 1/13/2005 Agenda Item No. 170 Details PftlleJ~r~fZr. 2007 1=>age 42 of 102 - Current Ownership Folio No.ll 01134040003 MllR II Property Address" 233 SINGLETARY 5T Qwner Namell HARMON, DONALD L Addresses F LAWERENCE HARMON D/B/A HARMON BROS ROCK eo PO BOX 488 Cllv I COPELAND II Statall FL 11 zlPll34137.0488 I Legal I 13 5229 UNRECD PAR 72 DESC I AS: COMM E1/4 CNR SEe 13, N 68 DEG W 9a7.57FT, S 42 DEO W 37FT, N 52 CEO W 134.40FT, N *For more than four lines of Legel Dest::rlptlon )llease call the Property Appraiser's Offit::e. Section 13 Township 52 Map No. 7E13 Strap No. 522913 055.0007E13 Sub No. ~ Use Code 100 99 I ACREAGE HEADER I NON-AGRICUL rURAL ACREAGE '1l Millage Area 35 ~~ 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 25,920.00 (+ 1m roved Value $ 0.00 (.) Market Value $ 25,920.00 (-) SOH Exempt Value $ 0.00 =) Assessed Value $ 25,920.00 H Homestead and $ 0.00 '" Taxable Value $ 25,920.00 SOH,= "Save Our Homes" exempt value due to cap on assessment increases, Book - Page 3173 -1949 Amount $ 35,000.00 mIII!I1I The Information is Updated Weekly. h ttn: I /www,c-0111 e:nmn1"ai ~p.r r,om/R e.r,01"c1Detai1.IHm?F 0 1i () TD=OOOOOO 111404000:\ 1/1312005 Detrp,ls AgpJil~e ~E(W !No. 1.70 j-efiruary n. 2007 Page 43 of 102 Folio No.11 01133040004 MaP- II .- Current Ownership Property Addressll NO SITE ADDRESS Owner Namell BROOKS, RONALD E Addressesl PO BOX 154 City EVERGLADES CITY I statall FL Zlp134139.0154 Legal 135229 UNRECD COPELAND VILLAGE PAR F DESC AS: COMM 4 CNR SEe 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N "For more than four lines of legal Description please call the Property Appraiser's Office. Section ~ Township 1\ Range Acres 13 52 29 14.52 Sub No. 1 100 ACREAGE HEADER '1J Use Code 99 NON.AGRICULTURAl ACREAGE Map No. 7E13 "e MIlIa98 Araa 35 .Ifl ~ 15.7153 2004 Final Tax Roll Latest Sales History Land Value I $ 29.040.00 I (+) Improved Value $ 0.00 (=) Market Value $ 29,040.00 H SOH Exempt Value $0.00 (=J Assessed Value $ 29,040.00 (-) Homestead and other Exempt Value . $ 0.00 (=} Taxable Value $ 29,040.00 Book. Page 2670 . 3266 Am punt $ 25,000.00 SOH = "Save Our Homes' exempt value due to cap oh assessment increases. ~..." - . The [nformatlon Is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp?F olioID=OOOOOO 113 3 040004 1/13/2005 Det{.lils Ag~da ltl3m,No. 170 F~ar9~1, 2007 Page 44 of 102 Follo No.11 01133440002 M1ul. ~ - Current Ownership Property Addressll NO SlTE ADDRESS I I r I Owner Namel Addressesl Cltyl BEE JR, GREGORY JANES SCENIC DR PO BOX 87 . COPELAND 11 State II FL II zip1134137.0087 "'I Legal 135229 PAR H FURTHER DESC AS: COMM NE CNR SEe 13, S 89 DEG 49' 05" W 1277.62 FT, S 696.05 FT TO POB, S 7 DEG OS' "For more than four lines of Legal Description please call the Property Appraiser's Office, SectIon 13 Township 52 Range 29 Map No. 7E13 I Strap No. 522913 040.0007E13 Sub No. "e Use Code 100 99 I ACREAGE HEADER I NON.AGRICUl rURAL ACREAGE 1J~ 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 6,136.00 (+ Improved Value $ 0.00 = Market Value $ 6,136.00 H SOH Exempt Value $ 0.00 ::; Assessed Value $ 6,136.00 H Homestead and other E $ 0.00 =) Taxeble Value $ 6,136.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. Amount I $ 0.00 Book. Page 1769.1304 ... The Informatlon Is Updated Weekly. http://www.collierappraiser.com/Recol.dDetai1.asp?FolioID=OOOOOO 1133440002 1/13/2005 DetFtil~ Ag1:flda It,emp!.o. 1'70 r~gK.J~r9~t. 2007 Page 45 of 102 liliiii Current Ownership L Folio No.11 01134805316 .Map. II Property AddressllS15 weBB RD L Owner Namej NOBLES JR, MERVIN LEE=& RHONDA I Addresses PO BOX 293 I City EVERGLADES CITY II Statell FL II ZlolI 34139.0293 Legal 1135229 A PORTION OF UNREC'O \ I PARCEL V OESC AS FOLLOWS: COM -.J AT N1/4 CNR SEe 13, THENCE ALONG THE N.S 1/4 LINE, S ODEG "For more than four lines of Legal Description please call the Property Appraiser's Office. 100 99 Map No. 7E13 Strap No. 522913 122.0017E13 Section 13 Township 52 Sub No. -t Use Code 11 I ACREAGE HEADER NON.AGRICUL TURAl ACREAGE ~ Millage Area 35 .IfJ Mlllaga 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 3,255.00 (+) Improved Value $ 0.00 (=) Market Value $ 3,255.00 H SOH Exempt Value $ 0.00 (..) Assessee! Value $ 3.255.00 (-) Homestead and other Exempt Value I $ 0.00 I (=) Taxable Value $ 3.255.00 I Date Book. Page Amount I 01/ 2003 3329.2413 $ 0.00 I 09/1991 I 1645 . 1 $ 0.00 SOH = .Save Our Homes" exempt value due to cap on assessment Increases. ~ The Information Is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp ?F oliolD=OOOOOO 1134805 316 1/1312005 Detai1~ Agenda Item No. 170 ~arJOf71 2007 Page 46 of 102 - Current Ownership Fotlo No.11 01134805303 M1m II. Property Addrsssl1605 WEBB RD I. Owner Name MESCE, WILLIAM 0 I AddressBs PO BOX 191 I City EVERGLADES CITY II State II FL II ZIpl134139 - 0191 I Legal I 135229 UNREC'D PARCEt. V DESC I AS: COM AT N114 CNR SEe 13, S 533AOFT TO POB, S 391.42FT, S 88DEG E 895.67FT. N 19DEG E 40 "For more than four.llnes of Legel Description plesse call the Property AppraIser's Office. Sub No. '1l Use Coda 100 2 Acres 5.53 Map No, 7E13 Section 13 TownshIp 52 ~ MiII::LAru. ~ ..re Ml1llum 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 33.180.00 (+) Improved Value 1;$ 14.101tMI (..) Market Value $ 47,284.00 (-) SOH Exempt Value $ 29,016.00 (..) Assessed Value $ 18.268.00 H Homestead and other Exempt Value $18,268.00 {..) Taxable Value $ 0.00 Amount I $ 8,000.00 Book - Page 1M5...:..1 ~ SOH = "Save Our Homes" exempt value due to cap on assessment Incroases. . lmrZmId. The lnfonnation Is Updated Weekly. hHn.//www.r.nl1ip.rf1nnrA;~p.r .~(l",!R p.~nrnnf'.tA;l_::l~n?F nl10 1D=000000 l134805303 1/13/2005 Ag~nd_a Item..N.o. 170 Det~il~ . -R:irubr9t2t, 2007 Page 47 of 102 li:liiii Current Ownership Folio No.~ 01134802209 .M<w.11 Property Addressl1521 WEBB RD Owner Name JENSEN, JOVENE Addresses PO BOX 525 C1ty COPELAND II State!l FL II Zip II 34137 . 0525 Legal 113 5229 UNREC PAR A.22 DESC I AS: COMM AT NE CNR SEe 13 S 69 DEG W 2697.49FT, S 110FT TO POB, N 69 DEG E 516.52FT, S 'For more than four lines of Legal Description please call the Property Appraiser's Office. Sactlon 13 Acres 5 Strap No. 522913096.0007E13 Sub No. '1J~@ ACREAGE HEADER SINGLE FAMILY RESIDENTIAL 4!J MIII1Ige Area 35 ~ 1d11J.lI.ga 15.7153 2004 Final Tax Ron Latest Sales History Land Value $ 30,000.00 Date Book. Page Amount (+) Improved Value ,'$ ti,fiSB.1I0 y 0412002 .aD211 . 816 $ 0.00 (=) Market Value $ 52,659.00 0111997 2267.1923 $12,000.00 H SOH Exempt Value $ 0.00 07 1 845. 1789 $ 0.00 ("') Assessed Value $ 62,659.00 I 01/1993 II 1792.933 II $ 0.00 I (-) Homestead and other Exempt Value $ 0.00 (a) Taxable Value $ 52,659.00 SOH = 'Save Our Homes" exempt value due to cap on assessment Increases. ~ . . The Information Is Updated Weekly. http:/ (www.collierappraiser.comlRecordDetail. asp?F olioID=OOOOOO 1134802209 1/13/2005 Details. Agenda Item No. 170 ~ary>f21 2007 Page 48 of 102 Folio No.11 01131680107 MAAII _......... .. ~. , Current Ownership Property Addressl1517 WEBB RC Owner Namej PACE JR, GLENN D=& DONNA Addressesl PO BOX 5 Cltyll COPELAND Statel FL zipll 34137.0005 Legal 12 5229 UNRECORDED PARCEL CAS: COMM AT NE CNR ~ SEe 13, S S9CEG W 1923.43, N iDEG W 60FT,S 89DEG W "For more than four lines of Legal DescrlptJon please call the Property Appraiser's Office. Section 1\ Township II Range Acres 12 52 29 5 Sub No. I 100 ACREAGE HEADER '1l Use Code I SINGLE FAMILY RESIDENTIAL Map No. 7E12 Strap No. 522912105.0007E.i2 -'eI Mll.Ia9i 15.7153 I .Ifl Millage Area 36 . 2004 Final Tax Roll . Latest Sales History Land Value $ 16,000.00 1(+) Improved Value $.4.b76:.t)0~ (=) Market Value $ 20,076.00 (.) SOH Exempt Value $ 0.00 -(=1 Assessed Value $ 20,076.00 (-) Homestead and olher Exempt Value $ 0.00 (=) Taxable Value $ 20,076.00 Date Book - Page Amount ""10/2004 16M . 2331- $ 0.00 06/1996 ?1Qn. R'~ $10,000.00 06/1995 2070.1390 $12,000.00 SOH = "Save Our Homes. exempt value due to cap on assessment increases; --- The Informatlon is Updated Weekly. htm.lI~xnmJ;' ....nl1if>r~nnr~;Qf>l' 0.nmfR p,c-.nrrlnf'Jl'I11 l'l~n?P()H()Tn=00000011 ~ 1 nROl 07 1/13/2005 De~ai1s Agenda Item No. 170 ~~~br~r.f2r. 2007 Page 49 of 102 Folio No.11 01131480006 ~1l11 -. Current Ownership Property Address~ 515 WEBB RD Owner Namel Addressesj Cityl PACE JR, GLENN D=& DONNA 515 WEBB RD PO BOX 5 COPELAND II Statell FL II Zlp1134137- 0005 ] Legal 12 52 29 PAR A-3 OESC AS: COMM NE CNR SEe 13, S 89 DEG W 1923.43FT, N 1 DEG W 60FT TO POB, S B9 OEG W 240.27FT, .For more than four lines of Legal DescrIption please call the Property Appraiser's Office. Township It Range ~ 52 29 100 ACREAGE HEADER 2 MOBILE HOMES Acres Section 12 ~ Map No. 7E12 Slrap No. 522912099.0007E12 '1J MHlage Area 35 .IfJ Mllli!gQ, 15.1153 2004 Final Tax Roll Latest Sales History Land Value $ 36,000.00 Date I Book. Page II Amount I i I+llmoroved Value ~"$'<e8}24ii:oo. . ; 01/ 2001 2765 - 51 $ 90,000.00 (=) Market Value $ 104,244.00 04/1994 1934 .290 $ 0.00 H SOH Exempt Value $ 34,577 .00 03/1993 1804 . 2262 $ 0.00 (=) Assessed Value $ 69,667.00 02'1993 11~ $ 0.00 (-l Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 44,667,00 SOH = 'Save Our Homes' exempt value due \0 cap on assessment increases. ~ The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp?FolioID=OOOOOO 1131480006 1/13/2005 Details . ' . AgW]da It,em,.No. 170 F~fu8r9!2t. 2007 Page 50 of 102 Fono No.n 01131680204 Milp.11 Owner Namell MOSHER, LARRY Addressesl'l RANDETTE ELLISON I PO BOX 63 Cltyll COPELAND II -....." . -... Current Owners hip Property Addresslls11 WEBB RD L I \ I statell FL II zip1l34137.0063 Legal I 12 52 29UNREC PAR A.4 DESC I AS: COMM AT NE CNR SEe 13, S 89 DEG W 1923.43FT, N 01 DEG W 165FT FOR POB, N 01 DEG W "For more than four lines of Legal Descrlptlon please call the Property AppraIser's Office, \ Section \1 Township Range Acres 12 I 52 29 q-! \ Sub No. ~ 10G \ ACREAGE HEADER "0 Use Code 99 NON-AGRICUL rURAL ACREAGE Map No. 7E12 I Strap No. 522912106.0007E12 "G MlllaIJ9 Area I 35 II "b M.!llage 15.7153 Latest Sales History II Amount I $ G.OO $ 0.00 $ 0.00 2004 Final Tax Roll Land Value $17,004.00 (+) Improvad Valua $ 0.00 (=) Market Value $17,004.00 (-) SOH ElCempt Value $ 0.00 (=) Assessed Valua $17,004.00 (.) Homestead and other Exempt Value $ 0.00 I {=) Taxable Value II $17,004.00 I SOH = "Save Our Homes" exempt value due to cap on assessment. increases. ~ .. The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOOOO 1131680204 1/13/2005 Detai1~ A9liD.Q~ ~te^1!(J. ~o. 1.70 .r~5h.tafY' _7, 2007 Page 51 of 102 Folio No,11 01131680505 M1m II - Current Ownership Property Address" NO SirE ADDRESS Owner Namell MOSHER, LARRY AddrS9SSS RANDETTE ELLISON MILDRED LESSOR 511 WEBB RD PO BOX 63 City COPELAND II Statell FL II Zlpll 34137 . 0063 I Legal 125229 UNREC PAR A-23 OESC AS: COMM AT NE CNR SEC 13, S 89 DEG W 164B.43FT, N 01 DEG W 165FT FOR POB, N 01 DEG W .For more than four lines of Le!lal Doscrlptlon plesse call the Property Appro]sar's Office. Section 12 Range 29 Acres 00I~":1l~ j~- Strap No. 522912109.0007E12 -t Mlllaae Area 35 -1J~ 15.7153 Sub No. wt Use Coda 100 99 I ACREAGE HEADER NON.AGRICUL rURAL ACREAG E 2004 Final Tax Roll Latest Sales History Land Value $ 17,280.00 (+) Improved Value $ 0.00 (=) Market Value $ 17,280.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $17,280.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 17,280.00 Date Book. Page Amount 01 J 2002 2967 - 2866 $ 27,200.00 01 I 2002 2957 - 2863 $ 0.00 01 J 2002 ~2BM $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The tnformation is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOOOO 1131680505 . 1/1312005 .Det~ils. AgEWdal~m.No. 170 F'~ar9~1, 2007 Page 52 of 102 - Current Ownership Property Addressll 25B LAKE GLORIA RD Folio No.11 011316B1106 Miw.11 Owner Namell Me GOON, LUCILLE LAHAIE Addre......"" C\J ~\Jr ,,,7 . Cltyll COPELAND Statell FL Zlpll 34137. 0487 I I I Lcgal1112 5229 UNRECD PAR W DESC IN I OR 1650 PG 672 Section 12 Township 52 Range 29 Acres ~~ Map No. 7E12 Strap No. 522912115.0007E12 Sub No. -ftlJ U~f:d; o_dri 100 9S ACREAGE HEADER NON.AGR1CUL TURAL ACREAGE 1J MillJuJi 15.7153 2004 Final Tax Roll Latest Sales History $10,920.00 I Book. Page m~ Amount Land Value (+\ Impro\led Valuo $ 0.00 (0::) Market Value $10,92G.00 (-) SOH Exempt Value $ 0.00 (..) Assessed Value $ 10,920.00 C-\ Homestead and other Exempt Value $ 0.00 (=) Taxable Value I $10,920.00 I $ 0.00 SOH'" "Save Our Homes" exempt value due to cap on assessment Increases. - The information is Updated Weekly. httn://www.colHerauoralser.comIRecordDetail.asp?FolioID=OOOOOOl1316811 06 1/1312005 Detai1~ Agqcida It~mj\!o. 170 !t'~ar~rlzt. 2007 Page 53 of 1.02 Folio No.11 01131680709 .Man II - Current Ownership Property Addressll228 LAKE GLORIA RD Owner Namel Addressesl City TORRE, JOHN J PO BOX 504 COPELAND II Statel! FL II ZlplL 34137-0504 Legal 1125229 UNRECORDED PARCEL I I A-28 DESC AS: COMM AT NE CNR I SEC 13. S 89 DEG W 1026.03FT, N 115.77FTTO POB, N 55 DEG W 'For more than four lines of Legal DescrlpUon please call the Property Appraiser's Office. Section 12 Range 29 Map No. 7E12 "fJ ~ 15.7153 100 99 ACREAGE HEADER NON.AGRfCUL rURAL ACREAGE "fJ MllIagi..Ama 35 2004 Final Tax Roll Latest Sales History Land Value $ 3,120.00 (+) Improved Value $ 0.00 (=) Market Value $ 3,120.00 (.) SOH Exempt Value $ 0.00 (=) Assessed Value $ 3,120.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 3,120.00 Date Book - Page If Amount I . SOH = "Save Our Homes' exempt value due ~o cap on assessment Increases. ~ The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID;;:;OOOOOOl131680709 1/13/2005 Details Agenda Item No. 170 h~qlYl~1., 2007 'fYage 54 of 102 - Current Ownership Property Addressl1222 LAKE GLORIA RD Folio NqJl 01131680602 M.lul.1l I Owner Namel TORRE, JOHN J r Addresslls PO BOX 504 I City I COPELAND 11 statell FL II ZIpl1 34137. 0504 Legal I 125229 UNRECORDED PARCEL I A.17 DESC AS: eOMM AT NE CNR SEe 13, 5 89 DEG W 757.62FT, N 28 DEG E 32.92FT, N 64 DEO 'For more than four lines of Legal Deecrfptlon please call the Property Appraiser's Office. Section Range Acres 12 29 ~~ Sub No. I~ 100 I ACREAGE HEADER -"eJ Use Code 2 MOBilE HOMES 1) Mn~~e Area ~ "'0 M1lli.uul 15.7153 2004 Final Tax Roll Latest Sales History Amount Land Value $ 2,280.00 +) Improved Value ~?:$:~9;812.00i = Market Value $ 22,092.00 H SOH Exempt Value $ 6,541.00 =) Assessed Value $ 15,551.00 H Homestead and othar Exampt Val $15,551.00 = Taxable Value $ 0.00 SOH = 'Save Our Homes" exempt value due to.cap on assessment increases. Date Book - Pago -. The Information Is Updated Weekly. httn://www.co11ierannrfl1f.ler.c.nmlR p.~nri1np.tl'dll'lRn?Fnli()Tn=()OOn0011 ~ 1 nROf\()? 1/111?OO'; De.tails Ag~nda Item No. 170 ~b~f2v, 2007 Page 55 of 102 I:11III.... ~ .. ... -- Current Ownership Property Addressll 216 LAKE GLORIA RD Folio No.11 01131680806 Map II Owner Name HENDRICKSON, CANOl I Addresses PO BOX 505 l City COPELAND II Statell FL II Zlpl[i4137.0506 I Legal 1125229 UNRECORDED PARCEL I A.1S DESC AS: COMM AT NE CNR SEe 13, S 89 W 757.62FT. N 28 DEG E 32.92FT FOR POB, N 64 'For more than four lines of Legal Descrlpllon please call the Property Appraiser's Office. I Section II . Township ~ Range 11 12 52 29 100 ACREAGE HEADER 2 MOBILE HOMES Acres : Map No. Strap No. ~~ 7E12 522912112.0007E12 I ~ Millage Ares ~ '1l M.l!.Iillul 35 16.7153 2004 Final Tax Roll Latest Sales History Land Value $ 3,240.00 (+) Improved Value i~,:$,'12;620;0()' C';) Market Value $ 15,B60.00 I H SOH Exempt Value $ 0.00 {=l Assessed Value $ 15,860,00 (..) Homestead and other Exempt Value $ 0.00 (=ITaxBble Value $ 15,860.00 Book - Page 2071 - 513 II. Amount I $ 0.00 . SOH;; "Save Our Homes. exempt value due 10 cap on assessment Increases, ~ The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=OOOOOOl131680806 1/13/2005 petail~ Agenda Item No. 170 fBmreElrXlfil. 2007 ~age 56 of 102 F~l1o No.11 01127480007 li'I.1ulll -- Current Ownership Property Addressl1515 HARMON TER I Owner Name\ O'CONNELL, DERRICK W Addresses AMANDA SLA HON PO BOX 534 City COPELAND II Sta~1 FL U zlpl134137 - 0534 I Legal l:!.!E 29 UNRECORDED PARCEL -.J A-16 DESC AS: COMM AT NE CNR SEe 13, S 89 DEG 49' OS" WEST 982.15 FT FOR POB, S 45 DEG 'For more than four lines of Legal Description please call the Property AppraIser's Office. Map No. 7E12 Strap No. 522912001.0007E12 "'fj . M.lll.aM 15.7153 I ~ Millage Area II 35 2004 Final Tax Roll Latest Sales History Land Value $ 4.080.00 (+) Improved Value ($ ;22;340:008' (=1 Market Value $ 26,420.00 (-) SOH Exempt Value , $ 255.00 (=) Assessed Value $ 26,165.00 (-) Homestead and other EX9mpt Value $ 25,000.00 (=) Taxable Value S 1,165.00 I Dale I Book - Paoe Amount I 051 2001 I .2M.~ $ 35,000.00 I 06/1996 I 2194. 1462 $1e,D00.OO SOH" "Save Our Homes" exempt value due to cap on assessment increases. . ~ The Informatlon is Updated Weakly. l1ttn:llwww.C..oll.p.rnnnn:!i!.:~r.C..omfRf\r.n1.{lnp.t~i1 H~n?Pol1() m=OOOOOOll ?74R0007 1 /13/2005 petai1f3 Agenda Item No. 170 If>6lgwar~f:'t 2007 t=>age 57 of 102 . I L 1 - Current Ownership Folio No.11 01131320001 MJl.IJ.11 Property Addressll NO SITE ADDRESS Owner Namell HENDRICKSON, ROCKY J=& CANDIDA Addressesl PO BOX 505 City COPELAND Statell FL J I Zip 34137. 0505 Lagal 112 5229 PAR A-1 OESC AS: I I COMM NE CNR SEC 13, S 89 DEG W 818.14FT TO POB, S 47 DEG E 54.67FT, N 85 DEG W 181.97FT, 'For Inore than four lines of Legal DescriptIon please call the Property AppraIser's Office. I Section TownshIp ~ Range Acres II Map No. 12 52 29 -..!t~. I 7E12 I. Sub No. 100 ACREAGE HEADER ~ MIIIagaArea 11 M1lJw! -'e Use Code 2 MOBILE HOMES 35 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 11,880.00 I Date R Book. Page .11 Amount I I (+) Improved Value ..:i':$:2lii~88;OO I~' 01/1994 H 1S01 . 220Q II $ 0.00 I (m) Market Value $ 37,468.00 (-) SOH ExemDt Value $10,990,00 (..) Assessed Value $ 26,478.00 (-) Homestead and other Exempt Value $ 25,000.00 (..) Taxable Value $ 1,476.00 SOH = "Save Our Homes" exempt value due to cap on asseccment Increases. - The Information Is Updated Weekly. httn:/IwW"w.collierannraiser.comlRecordDetail.asn?FolioID=00000011 ~ 1 'J,?OOO1 1/1 ~I?no~ D etail~ Aaenda Item No. 170 ~ PtlgeJ:1lr~rtzI. 2007 "Page 58 of 102 - Current Ownership Property Addressll15859 JANES SCENIC DR r Folio No.11 01134803606 MM.II I Owner Namal BRAUGHMAN, HELEN .. I Addresses PO BOX 517 I City COPELAND II State II FL ij zlPl1 34137. 0517 Logal 113 5229 UNREC PAR A.20 DeSC I AS: COMM AT NE CNR SEe 13, S 89 DEG W 757.62FT, N 28 DEG E 32.92FT TO POB, N 89 DEG E 'For more than four lines of Legal Description please call the Property Appraiser's Office. Se ction ]1 TownshIp ~ Range 13 ! 52 29 100 ACREAGE HEADER 2 MOBILE HOMES Map No. 7E13 Strap No. 522913110.0007E13 ~ Millage Area II 35 ~ ./fi Milla9.e. 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 21,600.00 (+) Improved Value .i~'.s3a;122;DO (..) Market Value is 57,722.00 (-) SOH Exempt Value $ 17,007.00 (..\ Assessed Value $ 40,715.00 {-l Homestead and other Exempt Value $ 25,000.00 (-) Taxable Value $15,715.00 Book. Page 2040 . 778 Amount $ 0.00 SOH = "Save OUf Homes' exempt value due to cap on assessment Increases. - The. Information Is Updated Weekly. htto://www.colHeraunraiser.comlRecordDetai1.asn?FoHo TD=OOOOOO 1114RO:\606 1/13/2005 Details AgW}da l\em.I\I,o. 170 -'F~nra&r2lt, 2007 Page 59 of 102 Folio No.11 01134803800 .M.lm II. ~........__... a; ... . Current Ownership Property Addressl1524 HARMON TER Statell FL 2IPI[34137.0453 I 1 I I Owner Namell SEABURY, DONALD JAMES Addressee:, PO BOX 453 CIty I COPELAND Legal 135229 UNREC PAR A.24 DESC AS: COMM AT NE CNR SEe 13, S 89 DEG W 1022.30FT TO POB, S 69 DEG E 25.88FT, S 41 DEG E 'For more than four lines of Legal Description please call the Property Appraiser's OfficII, Township 52 Range 29 Map No, 7E13 '1l~ 15.7153. Sec:tion 13 ~ Ii Sub No. ''8 Use Code 100 2 I ACREAGE HEADER MOBILE HOMES -t MllliuILArn 35 2004 Final Tax Roll Latest Sales History Land Value $ 18,720.00 (+) Improved Value L$;jt.3;96i:);(ib:: . (=) Market Value $ 32,680.00 -(~) SOH Exempt Value $ 0.00 (=) Assessed Value $ 32,680.00 H Homestead and other Exempt Value $ 0.00 {=} Taxable Value $ 32,680.00 Book - Page 2611 - 2993 Amount $ 5,000.00 SOH = "Seve Our Homos" exempt value due 10 cap on assessment increases. - The Information Is Updated Weekly. http://www .co Hi erapprmser, comIRecordDetai1.asp?F olioID=OOOOOO 1134 803 800 1/13/2005 p~tail~ AgEffida l~m,N.o. 170 F~gKJar9~1. 2007 Page 60 of 102 _.-... . -,_.. . . Current Ownership Property AddressllS27 HARMON TER Folio No.1! 01134803703 !"lla9 II Owner Namell MULDOON, JOHN Addresses I PO BOX 554 ! 527 HARMOND TER City COPELAND II StateU FL n Zlp1134137. Legal 135229 UNREC PAR A-25 DESC AS: eOMM AT NE CNR SEe 13, S I 89 DEG W 1146.57FT TO POB, S 03 DEG E 363.76FT, S 61 CEG W "For more than four lines of Legal DescriptIon please call thll Property AppraIser's Otnce. Section II Townshlp Range 13 II 52 29 Sub No. II 100 I ACREAGE HEADER ~ Use Code II 2 I MOBILE HOMES Strap No. 522913111.0007E13 "'l'J MIllage Area 35 .ttl Mll\agll 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 15,720.00 (+) Improved Value ,(.:$.34;816.01) . = Market Value -$ 50,536~00 (_) SOH Exempt Value $ 14.328.00 = Assessed Value $ 36,208.00 [_) Homestead and other Exempt Val $ 25.500.00 (=) Taxable Value $10,708.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book. Page 2499 . 934 Amount $ 67,000.00 - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetaiL asp?F olioID=OOOOOO 1134803703 1/13/2005 petail~ Agenda It~m .No. 170 i!"~clr)~"Qj, 2007 Page 61 of102 ~. Current Ownership Property Addressll519 HARMON TER l Folio No.11 01133760009 I'i1..an II Owner Namel! BEE JR, GREGORY A Addressesl. PO BOX 87 Cltyll COPELAND II Statel! FL ZIP1134137. 0087 Legal 13 52. 29 UNRECD TRACT A.6-B CAS: COMM NE CNR OF SEC 89 DEG W 1312,67FT, S 153.18FT TO POB, S 6 OEG E 'For more than four lines of Legal Descriptlon please call the Property Appraiser's Office. Section 13 Township 52 Range 29 Map No. 7Ei3 II Strap No. I 11522913048.0007E13 I Sub No. -1J Use Code 100 99 ACREAGE HEADER NON.AGRICULTURAL ACREAGE -t MiJ.I.l!.g!l 15.7153 2004 Final Tax Roll Latest Sales History Land "alua $ 4,836.00 (+) Improved Value $ 0.00 (=\ Market Value $ 4,836.00 (.J SOH EXQmpt Value $ 0.00 (=) Assessed Value $ 4,836.00 (-) Homestead and other Exempt Value : $ 0.00 l (=) Taxable Value . $ 4,836.00 Book. Pa g9 1815.993 Amount I $ 500.00 SOH = .Save Our Homes. exempt value due to cap on assessment increases. ~ The information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOOOO 1133 760009 1/13/2005 .,Dytai1.s Agenda Item No. 170 " ~ar'P:fl 2007 'F=>age 62 of 102 - Current Ownership Property Addre8s11537 HARMON TER I Folio No.11 01134800104 Mim II Owner Name~ RAINS, MICHAEL"'& LINDA Addressesll PO BOX 455 Cttyll COPELAND Statell FL II zlpM 34137. 0455 Legal 135229 UNRECORDED PARCEL A-frA OESC AS: COMM AT NE CNR SEe 13, S 89DEG W 1312.67FT S 153,18FT 5 6DEG E 120.98FT, "For more than four lines of Legal Description please call the Property Appraiser's Office. Section 13 Township 52 Range 29 Map No, 7E13 Strap No. I 522913 075.0007E13 Sub No. .If! Use Code 100 2 ACREAGE HEADER MOBlLE HOMES ..fG MiIlsC}e Area 35 -t M.Ill.ami 15.7153 2004 Final Tax Roll Latest Sales History Land Value $ 7,560.00 1+\ ImDroved Value ,(;$:51i~263;QO" . (!O) Market Value $ 45,823.00 H SOH Exempt Value $13,243.00 (a) Assessed Value $ 32,580.00 f-) Homestead and other Exempt Value $ 25.000.00 ("') Taxable Value $ 7,5BO.00 Book. Page 2347.1863 Amount $15,000.00 SOH = "Save Our Homes' exempl value due 10 cap on 3::sessmenl In"creases. ... The lnfOl1Tlation is Updated Weekly. htto://www.co1Heranmai>\er.comlRecorrlDetai1.a~n?.FoH()ln=0000001134ROOl 04 1/1312005 Details ~. " AgeHg~lt~mrp, 170 f7etlj@ar)p ~?1; 2007 Page 63 of 102 ~ Current Ownership FolIo No.11 01134804304 .MB.R ~ Property Addressti 543 HARMON TER I Owner Name Addresse RAINS, LINDA TELLE BRANCON1ER 543 HARMON TERR COPELAND State I FL zipll~4137 - Legal 135229 UNRECORDED PARCEL A-7 OESC AS FOlL: COMM AT NE CNR SEC 13, 5 89DEG W 1312.67FT, S 153.18FT, S 6DEG E 241.96FT 'For more than four lines of Legal Description please call the Property Appraiser's Office. SectIon 13 Township 52 Range 29 land Value $ 13,440.00 (+) Improved Value ".:"''$'3t;938;li[l'l . (=) Market Value $ 51,378.00 H SOH Exempt Value $ 15,006.00 (=) Assessed Value $ 36,372.00 H Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 11,372.00 Acres Map No. I Strap No. t.WiJ.i~ 7E13 1522913117.0007E13 "1J M 1I18ge Area -11 Mlllium 35 15.7153 Latest Sales History Date Book - Page Amount 10/1989 1474. 2068 $11,500.00 Sub No. JO Use Code 100 2 ACREAGE HEADER MOBILE HOMES 2004 Final Tax Roll .I I SOH'" "Save OUf Homes' exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordD etai1.asp?FolioID=OOOOOO 113 4804304 1/1312005 r. Agenda Item No. 170 February 27, 2007 Page 64 of 102 RZ-2005-AR-7445 . PROJECT # 2004050010 DATE: 4/11/05 MICHAEL DeRUNTZ ,,, AIVER AIlPLICA TION FROM THE REQUIRED H1STORICAL AND ARCHAEOLOGICAL SURVEY AN]) ASSESSMENT . DATE SUBMITTED: PLANNER: Ray V. Bellows: Zoning Manager PETITION NUMBER ASSOCIATED WITH THE W AfVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: COPELAND AREA REZONING LOCATION: (Common Description) THE PROPERTY COMPRISES APPROXIMATELY 94:1: ACRES IN THE UNINCORPORATED . AREA FO COPELAND. THE PROPERTY LIES WEST OF S.R. 29 AND SOUTH OF . PROPERTY OWNED BY THE STATE OF FLORIDA. SUMMARY OF WAIVER REQUEST: THE PROPOSED REJOINING OF THE 94:1: ACRES FROM CON-ACSC/ST TO VR-ACSC/ST<4> HAS BEEN REQUESTED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS IN ORDER TO CORRECT A ZONING ATLAS MAP THAT PRESENTLY HAS EXISTING AND DEVELOPED HOMESITES LOCATED IN TWO ZONING DISTRICTS. THE ZONING DISTRICTS HAVE DIFFERING DEVELOPMENT REGULATIONS, WHICH AT THE PRESENT TIME ARE RESTRICTING THE RESIDENTS FROM MAKING IMPROVEMENTS TO THEIR EXISTING RESIDENCES. THE COLLIER COUNTY DEPARTMENT OF FINANCIAL ADMINISTRATION AND HOUSING HAS A HOUSING INITIATIVE IN THE COPELAND AREA TO, REHABIUT A TE HOUSING STRUCTURES AND UPGRADE OTHER ESSENTIAL SERVICES IN THIS AREA. HistOlic Pl'C'.Scrllation/Forms! I ! i30/0t\, 1 Agenda Item No. 170 February 27; 2007 Page 65 of 102 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat hook page (obtainable from Clerk's Office at the original scale) with subject propeliy clea.rly marked.) A. Legal description of subject property. Ariswer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name:. Plat Book Page Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be uttached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not suffidently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 94:1: acres Width along roadway: Varies Depth: Varies C. Present use of property: SINGLE FAMILY RESIDENTIAL D. Present zoning classification: CON-ACSC/ST HistOJ1C Pn'~f,.1"'dtiPt!fEolm..\! l [/30104 4 Agenda Item No. 170 .. February 27, 2007 Page 66 of 102 SECTION THREE: WAIVER CRITERIA Note: TIlis provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quan-y. The Community Development & Environmental Services Administrator may seek counsel of the chainuan of the Historic lUld Archaeological Preservation Board when it is not completely evident that the site is WiUloui arch,leological or historic value. A. Waiver Request Justification. 1. Interpretation of Acrial Photograph. Aerial photo demonstrates tat signifiaant portions of the area have been previously impacted bv road. construction and residential home construction. . 2. Historical Land Use Description: Historicallv the area has been utilized as a rural residential community in support of timber harvesting. 3. Land, cover, formation and vegetation description: Much of the property is . vacant and vegetated with a variety of native and exotic vegetation. 4. Other: The charige of zoning atlas designation will not result in activities that have any detrimental impact on historical or archeological resources. Any resulting home construction will be subject to LDC provisions . regarding accidental discovery. B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any patty aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of COlmty Commissioners. Hist(1I1C rre.~t')'VatioTlJForms!ll!3()i04 5 . . Agenda Item No. 170 February 27. 2007 Page 67 of 102 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B.. All information submitted with the application becomes a part of the public record and shall be a pelmarient part of the file. C. All attachments an.d exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 W' x 14") folder. Signature of Applicant or Agent ::J ~ ~\-- . Printed Name of Applicant or Agent U. \jjA-\~ Avvu\J -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SER'J1CES DIVISION- SECTION FIVE: NOTICE OF DECISION , The Community Development & Environmental Services Administrator or designee has made the :~llOWin:=:~n:4_ZD_05 BY:. ~ Z.,,'"~ ty),,"..,e., f7 2. Approved with Conditions on: (see attached) By: 3. Denied on: (sec attached) By: Hi~tolic Pre;;efVlltiunlform~/ll i30/04 6 ,.f -. ... ,. :t.~:. " " I:.... . "'", ...., ;:'t . .~ ~ .i ,I .r~.kf:j;'i.<'\~:;< , ;. ....'. ;~ , .,' .' :1 - - ~ ". .J "' .... ::',:. - ~~~1-~;: , "..~-~--;~ ... J"I." r ; ::, . , .,~ ..':.:': .~'''~~~.~.:..~~.,+;~.~ ::;r~! .!..~ .~r.;'I:^~',~~ ...> ~~ -:}f ...... '?tJ_ .~..... .' / . .1 ..,~ '~,'~"'!' ~j~[.Il"rrt~i_\ .~~. . l. :,,7- ,~ . . /' , . /;>.~' . , . . ;:/;;~i?:':t.:,; .. .., /. ,,~~..:~-~:.~,':~)~.:-. .<,.i,:~.::.-~_';'."'i;:' i~. ..' '.. . :;'>r,: .':" '..j. ~ -" .!'.H--'-' " (";'~". .__ '. .. _........ :l I I :1'1 t~ 'r _"-...... ":.::~'"'' '. '~'i4_-'~~19.1'!~",~, .... ',' .r. ,.' ^,,'e'J,,'j -""~';".:_-~ ,.; "~8~~;rft~;! /; \~. ....~::~.~.T . ,,~,:"~:,"~"'..'.~': I , " ',. ... i~'1~'~t;".. r~ '.., ..';"! . . "4' ...~~Ii: ....)'; ~ -... I':~.:>.." " : '. ".f.J .;.........~ j .;-' _, . /.;;:'-~ jl...:.~:.'.'...'. -, .," .:>'" . J.,' :-'~;'..'. .; . ',<';!;,~1~:;,;>::~ ~ .',:'. ..... ~-... :;:\" ". .,: ....:.. - "1, ,.--: . ~' .'.....,.:.~..~...:-.....~....~..:.:,,_~,;:~...:..:J~;.""C"'i":"'~.'-":'-"'::"';';":""':'~:""'-''~,'..<,.':',,: " . ". .: :~.:? :.... /" ..; . . . ... ". ':j".J ~,:.;.',;.j._',[.~_::.'.I.:~.:.:.,".~.:..~.:~.~.;...',~,". .' ','t " ...~',.:T~.;i'()..,:{i,::':,,' ,..;., " i~>' .~~. "'~1-~' '.'-:"'~'>""';"~","":;,,":i';" >,_..l, .."..;'~'..'. ':.~. ;'.:.' ~.i, "'. ,_ )1i ., . ;;1~;?,;';:;:/(::'-::':3':'\ " ,h<: :/'. . '.. '~i~;';"; )1>. . ,....~~., ....., _.r_.....t .-...~. .1..... "'~ ........:..\1.(:""-. . . 9.J~;i~~I.:~~..}:~'~,:;.~;j'..\'\~~:'.:~'~;'~"".::~;'~fl:::'::/~,':"":'''~:'.::< ;;:::::':'/<~'i .' . .:-:';<', :.'. ':':.?:I'I~.~'!" In \:~l:'~~"'\';"!"'::";';"":""'f:""":""~'":.;:......,...::.::.:...,'..';.:.. ......,.......-,.,.... ."..j.o..... . '~. ..:l~;l". '. ~ " " . ,"'. :.' . . .:!';r];;;';::;~~;;{;i;(r;,@~f7;. :>';;;~?;:WJ i:'.~.j -- ,; :}/.;; ('.~. ,";'. -' .t' j, Agenda Item No. 170 February 27,2007 Page 69 of 102 COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT 10.02.02(4) APPLICANT INFORMATION: A i. Responsible agent who wrote EIS and his education and job related environmental experience. Marco A. Espinar, B.S. Biology, University of South Florida Collier Environmental Consultants, Senior Biologist - Owner Turrell & Associates, Senior Environmental Planner SFWMD, Natural Resource Regulation Collier County Government, Development Services Department SWFMD, Resource Regulation ii. Owner(s)/agent name and address, phone number & e-mail address. Copeland- Collier County Government Agent: Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 Contact: Wayne Arnold B MAPPING AND SUPPORT GRAPHICS: i. General Location Map. See maps provided as Exhibit # 1 Location Maps ii. Native habitats and their boundaries identified on an aerial photo of site extending at least 200 feet outside the parcel boundary. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Such map has been created and included as Exhibit # 2 Agenda Item No. 170 February 27,2007 Page 70 of 102 Exhibit # 2 Vegetation / Habitat Inventory This site was historically cleared and farmed. The town seems to have been developed primarily on cleared agricultural fields. The 1940 aerial show the farm fields. The 1953 aerial shows the town starting to take shape on what was farm fields along SR 29. Several historical aerials have been included as an exhibit. Exhibit # 7 Historical Aerials iii. Topographic map, and existing drainage patterns if applicable. The existing drainage pattern is mostly natural sheet flow to the south. The town of Copeland is inhabited primarily with mobile homes. Other than primary and secondary structures and the roadway the area is pervious to any storm event. The natural areas outside of the urban area of Copeland have natural hydrological regimes. Lichen lines, algal matting and adventitious rooting are evident in the wetland areas. The only man made conveyances of storm water are swales and ditches along main roadways. The main drainage canal is along the eastern side of SR 29. A topographic map has been included as an exhibit. Exhibit # 3 Topographic map iv. Soils map The site has the following soils. # 31 H Hilolo limestone substratum, Jupiter and Margate soils # 38 Urban Land Matlacha Limestone substratum Boca complex # 50 H Ochopee FSL, Prairie (marl) # 51 H Ochopee FSL See hydric soils map and associated attachments Exhibit # 4 Soils v. Drainage plan Not Applicable vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. The transportation system and drainage infrastructure has already been constructed. The town of Copeland is a well-established, historic Agenda Item No. 170 February 27,2007 Page 71 of 102 community. No new construction and/or phasing are proposed with this petition. Public facilities were somewhat of an issue. However, the town of Copeland has resolved all outstanding issues in regards to public facilities. Copeland is in agreement with the city of Everglades City for their water and sewer. I have attached a copy of the resolution and the agreement for public services. Exhibit # 5 Exhibit # 6 Resolution of Public Services and Public Water vii. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Not Applicable viii. For properties in the RLSA or RFMU District, a site plan showing the location of the site and land uses designations and overlays as identified in the Growth Management Plan Not Applicable C PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINA TION: i. Description of proposed project with respect to environmental and water management issues. Not Applicable ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. This EIS is different in that there are no proposed impacts with this petition. All impacts are existing and no impacts are proposed with this submittal. This does not obviate individuals from obtaining any necessary County, State and/or Federal permits for any land alteration and/or development. The project as proposed is consistent with Policies in Objective 6.1 and 6.2 of the Conservation Coastal Management Element, for the following reasons: D Agenda Item No. 170 February 27.2007 Page 72 of 1.02 Policy 6.1.1: Where development occurs within the Area of Critical State Concern (ACSC), the ACSC requirements referenced in the Future Land Use Element shall apply. This petition does not exempt land owners from complying with ACSC requirements. Policies 6.1.8 & 7.1.2: This Environmental Impact Statement (EIS) satisfies the requirement pursuant to Policy 6.1.8 A Listed species survey in accordance with Policy 7.1.2 is included in EIS NATIVE VEGETATION PRESERVATION Identify the acreage and community type of all upland and wetland habitats found on the project site, according to Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). i. The zoning overlay consists of approximately 94 acres. In addition to this area the boundaries were greatly extended during this study. As such, acreage figures were not calculated. However the entire area was identified by habitat type. The following habitats were the most common habitats. FLUCFCS 111 172 186 422 427 437 510 520 617 618 621 641 740 742 743 832 1123 1758 8143 8144 HABITAT Single Family Home Church Community Playground Brazilian Pepper Oaks Australian pines Canal/Ditch Lake (man-made) Mixed Wetland Hardwoods Willow Cypress Freshwater Marsh Disturbed Area Borrow Pit Spoil Material Power Lines Mixed Width Mobile homes Park Service Two lane highway County Road UPLANDIWETLAND U U U U U U Other Surface Waters Other Surface Waters W W W W U Other Surface Waters U U U U U Agenda Item No. 170 February 27,2007 Page 73 of 102 8145 8146 8341 8343 Graded Road U Trail (Primitive) W Treatment Plant (abandoned) U Aeration Pond Other Surface Waters Exhibit # 2 Vegetation / Habitat Inventory H. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division Chapters 4 and 10. of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. Policy 6.1.1 under Goal 6 of the GMP-CCME required development within the ACSC to comply with the site alteration and other requirements of the ACSC. Hi. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25-year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapter 4 and 10 ofthe Land Development Code. For site cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10-year rezone limitation previously identified in the Growth Management Plan and Land Development Code. This site was historically cleared and farmed. The town seems to have been developed primarily on cleared agricultural fields. The 1940 aerial shows the farm fields. The 1953 aerial shows the town starting to take shape on what were farm fields along SR 29. Several historical aerials have been included as an exhibit. Exhibit # 7 Historical Aerials iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. Not Applicable v. For properties with Special Treatment (ST) overlays, show the St overlay on the development plan and provide an explanation as to why these areas are being impacted or preserved. E Agenda Item No. 170 February 27.2007 Page 74 of 102 The development of the Copeland community is a mix ofsingle-farnily and mobile home residential units. The community has identified additional desired land uses and other development requirements, which will better address unique characteristics of the Copeland community, which are not allowed under current codes. The Collier County Board of Commissioners has initiated this amendment in order to address unique community issues arising in the urban area of the Copeland community, and to rectify a situation where portions of developed properties are partially zoned VR-ACSC/ST and CON-ACSC/ST. The purpose of this submittal is to change the zoning overlay of Copeland from CON-ACSC/ST to VR-ACSC/ST. This does not obviate individuals from obtaining any necessary County, State and/or Federal permits for any land alteration and/or development. Nothing herein shall exempt any land use from complying with Area of Critical State Concern requirements. The proposed Zoning Overlay for Copeland will exempt single-family residences from the requirement of an EIS. However, any subdivision and/or development plan may be required to submit an EIS for review by Collier County. This EIS has been prepared too serve as a baseline EIS and in support of the proposed amendment change from CON-ACSC/ST to VR-ACSC/ST and amend the official zoning atlas. Exhibit # 8 Exhibit # 9 Labeled Existing Zoning and Proposed Zoning Overlay and Amendment WETLANDS i. Number of acres of Collier County jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each ofthe FLUCFCS categories identified on site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. No impacts are proposed with this submittal. All habitats were identified. In addition, SFWMD habitat maps are included as an exhibit. However, jurisdictional determination by SFWMD is not applicable. This is a change in the zoning overlay and not a development. This does not obviate individuals from obtaining any necessary County, State and/or Federal Agenda Item No. 170 February 27.2007 Page 75 of 102 permits for any land alteration and/or development. Item # 2 Item # 10 Vegetation / Habitat Maps SFWMD Land Cover Maps and National Wetland Inventory Maps. ii. Determine present seasonal high water levels and historical high water levels by utilizing lichens lines or their biological indicators. Indicate how the proposed project design improves/affects pre- development hydroperiods resulting from the project. Provide a narrative addressing the anticipated control elevation(s) for the site. The proposed zoning overlay changes will not affect the existing hydroperiod. Hi. Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts on the functions of the wetland areas. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. Not Applicable iv. Indicate how the project design shall compensate for the wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFNU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of environmental Protection. For site outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the UMAM. Not Applicable F SURFACE AND GREOUND WATER MANAGEMENT i. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. Agenda Item No. 170 February 27, 2007 Page 76 of 102 No impacts are proposed with this submittal. As such, the natural drainage pattern will not be affected with this change in the zoning overlay. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area, as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not Applicable iii. Identify any Well field Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Describe the measures that are proposed to mitigate for impact to state and ~ederallisted species. Not Applicable G LISTED SPECIES i. Provide a plant and animal species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service. State Actual survey times and dates, and provide a map showing the location(s) of listed species identified on-site. Such report was conducted and has been provided with this submittal. Item # 11 Listed Species Survey ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Black bears, Panthers, Fox squirrels and wading birds are known to inhabit surrounding habitats. Copeland is located within the Fakahatchee Strand State Preserve. This area is known to be inhabited by several threatened and endangered species of both plants and vertebrates. Agenda Item No. 170 February 27.2007 Page 77 of 102 Several Listed Plants were identified in FLUCCS code 617 and 621. These plants are identified in the FLUCCS Code/ Vegetation Inventory list. A Listed Species Survey was conducted on site and noted several listed species. All species identified all have been included in the Listed Species Survey. Item # 11 Listed Species Survey iii. Indicate how the project design minimizes impacts on species of special status. Describe the measures that are proposed as mitigation for impacts to listed species No listed species should be affected by changing the zoning overlay. This does not obviate individuals from obtaining any necessary County, State and/or Federal permits for any land alteration and/or development. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with Bald eagle nests and/or nest protection zones, Bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Not Applicable v. Where applicable, include correspondence received from Florida Fish and Wildlife Conservation Commission (FFWCC) and US fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been meet. Not Applicable H OTHER i. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Sitting and other criteria in the Manatee Protection Plan. Not Applicable ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. No environmental audits have been conducted on this parcel. In addition, Agenda Item No. 170 February 27.2007 Page 78 of 102 clean up is not required. The community consists of individual property owners. Hi. For site located in the Big Cypress Area of Critical Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. The purpose of this submittal is to change the zoning overlay of Copeland from CON-ACSC/ST to VR-ACSC/ST. This does not obviate individuals from obtaining any necessary County, State and/or Federal permits for any land alteration and/or development. Nothing herein shall exempt any land use from complying with Area of Critical State Concern requirements. The proposed Zoning Overlay for Copeland will exempt single- family residences from the requirement of an EIS. However, any subdivision and/or development plan may be required to submit an EIS for review by Collier County. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection Not Applicable v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and the relationship to the proposed project design. Demonstrate how the project design preserves the historic/ archaeological integrity of the site. No archaeological sites have been identified within this section. However, there are some historical structures. A list of those structures has been included. Exhibit # 12 Historical/Archeological Resources Agenda Item No. 170 February 27,2007 Page 79 of 102 Item VI.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY 11, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Planning/Engineering Consultant: Environmental Consultant: Rezone No. RZ-2005-AR-7445 Copeland Area Rezone Collier County Community Development and Environmental Services Division Q. Grady Minor and Associates, P.A. Collier Environmental Consultants, Inc. II. LOCATION: The town of Copeland is located adjacent to State Road 29, approximately three miles north of U.S. 41 in Section 12 & 13, Township 52 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Most of the land surrounding Copeland is owned by the State of Florida as part of the Fakahatchee Strand State Preserve. Properties surrounding the area encompassed by the Rezone include the following. ZONING DESCRIPTION N- CON-ACSC/ST Former Quarry S - CON-ACSC/ST Undeveloped E- VR-ACSC/ST R.O.W. Partly Developed Jane's Scenic Drive w- CON-ACSC/ST Undeveloped IV. PROJECT DESCRIPTION: The purpose for this rezoning petition is to bring the northwestern half of the designated Urban Area of Copeland, as identified by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) to the Village EAC Meeting Agenda Item No. 170 February 27.2007 Page 80 of 102 Page 2 of7 Residential - Area of Critical State Concern/Special Treatment <4> (VR- ACSC/ST<4>) zoning district. The Copeland area was originally developed as a logging camp by the Collier Company in the 1890's. After the logging activities had terminated a renmant ofthe residences remained, and through time additional residences were developed in the Copeland area with a number of them being mobile homes. The urban designated area of Copeland, as identified on the Growth Management Plan's Future Land Use Map, has two separate zoning district classifications: Village Residential (VR) and Conservation (CON). The development of the Copeland area is a mix of single-family and mobile home residential units. The existing zoning boundary lined between the two zoning districts subdivide several of the existing lots in the community, creating problems with obtaining building permits and confusion among the County and individual property owners. It should be noted that mobile homes are not a permitted use in the CON Zoning District but are permitted in the VR district. The area that would be rezoned to the VR zoning classification would be limited to a density of four units per acre. The Copeland Civic Association has requested that this discrepancy be abated. At the request of the Board of County Commissioners, the Operations Support and Housing Department submitted this petition which would amend the zoning map to correct this discrepancy, and limit the density to four residential units per acre. The community has also identified additional desired land uses and other unique characteristics, which are not allowed under the current codes. A Land Development Code (LDC) amendment for the Copeland area has been submitted for consideration in the 2006 Cycle I LDC Amendments, which would create a new Zoning Overlay that would provide uniformity in land use regulations within the Copeland urban designated area. One of the characteristics of the overlay is the prohibition of multi-family residential structures within the overlay area. The EAC reviewed this Copeland Overlay at their June 14,2006 regular meeting, and recommended its unanimous approval. The Board of County Commissioners approved the Copeland Overlay on December 7, 2006. The affective date will be at the end of the December. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan and is within the Big Cypress Area of Critical State Concern. Relevant to this petition, the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units/acre. EAC Meeting Agenda Item No. 170 February 27,2007 Page 81 of 102 Page 3 of7 Review of the Density Rating System deems this project is eligible for a base density of 4 dwelling units/acre and no density bonuses are applicable. Base Density Density Bonus Density Reduction Total Eligible Density 4 dwelling units/acre o o 4 dwelling units/acre The subject property is within the Area of Critical State Concern Overlay. The Overlay is the same or similar to the ACSC regulations contained in Florida Statutes and in the LDC's (Land Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a limitation on the amount of site alteration allowed, and all development orders approved within the ACSC are rendered to, and subject to appeal by the Florida Department of Community Affairs. Review for compliance with ACSC standards will occur at time of subsequent development order submittals (plat, SDP, building permit, etc.). FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review staff as part of their review of the petition on its totality. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Manal!ement Element: In accordance with Policy 6.1.1 of the Conservation & Coastal Management Element, Area of Critical State Concern (ACSC) standards referenced in the Future Land Use Element shall apply for all development in the ACSC. The proposed Rezone will have no effect on the site alteration criteria/limitations for the ACSC. Pursuant to Policy 6.1.4, prohibited exotic vegetation shall be removed from all new developments. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policy 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. EAC Meeting Agenda Item No. 170 February 27, 2007 Page 82 of 102 Page 4 of7 A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the EIS. Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal, for development other than single- family residences. VI. MAJOR ISSUES: Environmental: Site Description: The town of Copeland was cleared and farmed historically as evident from the 1940 aerial included in the EIS. Several historic aerials are included in the EIS documenting some of the development of Copeland. The town of Copeland is clearly visible by the time the 1953 aerial photograph was taken. The Copeland Zoning Overlay and adjacent surrounding area were mapped according to habitat type (FLUCFCS Codes). Native habitats within the area include: Mixed Wetland Hardwoods (FLUCFCS Code 617), Cypress (FLUCFCS Code 621), Freshwater Marsh (FLUCFCS Code 641), Willow (FLUCFCS Code 618) and Oaks (FLUCFCS Code 427). Altered habitats occur mostly in the area of the Copeland Zoning Overlay and along the major roadways in the area. Large man-made lakes are also present at the north end of town, from the quarry that existed in the area. Preservation Requirements: Site alteration within the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) is limited to ten percent of the total site size, and installation of non-permeable surfaces may not exceed fifty (50) percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site (4.02.14.C.l LDC, GMP-FLUE (V. Overlays and Special Features), Chapter 28-25 F.A.C.). No development is proposed with this Rezone. The Rezone does not exempt land owners from complying with ACSC/ST requirements, including those for site alteration. Wetlands: Jurisdictional wetlands were mapped by the environmental consultant for the project but were not verified by the South Florida Water Management District (SFWMD), since no application for development is associated with this petition. EAC Meeting Agenda Item No. 170 February 27,2007 Page 83 of 102 Page 5 of? During review of the EIS, it was found that several of the lots of record within the Rezone and Copeland Zoning Overlay consist entirely or almost entirely of wetlands (see jurisdictional wetland map with lot lines superimposed on it, in the EIS). Elevations for the area are also provided on the UDAR maps contained in the EIS. County regulations for the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) prohibit site alteration within jurisdictional wetlands (4.02.14.C.l LDC, GMP-FLUE (V. Overlays and Special Features)). State regulations within the ACSC/ST prohibit impacts to mangroves and six species of salt marsh grasses (Chapter 28-25 F.A.C.), but not to other jurisdictional wetland vegetation (wetlands). ACSC/ST regulations contained within the LDC and GMP-FLUE do not provide flexibility with regards to this requirement, thus rendering parcels largely or completely covered with jurisdictional wetlands, unbuildable. These lots are unbuildable whether the Rezone is approved or not. Listed Species: The project site is located in the south east portion of the Fakahatchee Strand State Preserve, a preserve known to be inhabited by a number of listed plant and animal species. Listed plants identified in the project area occur in Mixed Wetland Hardwoods (FLUCFCS Code 617) and Cypress (FLUCFCS Code 621) environments. These include several species of airplant (Tillandsia spp.), butterfly orchid (Encvclia tampensis, royal palm (Rovstonea regia) and royal fern (Osmunda regalis). A list of listed plants known to occur in the Fakahatchee Strand is also included in the EIS. A list of the wildlife seen on-site is included in the EIS for the project. No listed wildlife species was observed during the survey. Florida black bear and Florida panther telemetry data is included in the EIS and both species are known to inhabit the area. VII. RECOMMENDATIONS: Staff recommends approval of Rezone No. RZ-2005-AR-7445 "Copeland Area Rezone". EAC Meeting Agenda Item No. 170 February 27.2007 Page 84 of 102 Page60f7 PREPARED BY: STEPHEN LENBERGER DATE ENVIRONMENT AL SPECIALIST ENVIRONMENT AL SERVICES DEPARTMENT MICHAEL DeRUNTZ, CFM DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE EAC Meeting Agenda Item No. 17D February 27,2007 Page 85 of 102 Page 7 of7 MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AR-7445 - Wildlife - Bear Agenda Item No. 170 February 27,2007 P Po nf 02 Buildings 111 Other COMMERCIAL RESIDENTIAL Bear Nuisance 87 - 02 0.7 " ,.,.. .1 --.'" J~~'Z~ I \\~I Canler County 1.4 Miles ..... ~~ '-~.""'----- Data Source: L1DAR & Parcels- Collier County Property Appraiser Wildlife - FFWCC; NWI - USEPA Created By GIS CDES I EnVIronmental Services G\GIS_ Tmp\ AR-7445.mxd I G\lmageS\MapS&Aerials\AR-7445\IVldlf_BJpg 0 035 Date 1/12/07 AR-7445 - Wildlife - Panther Agenda Item No. 170 February 27, 2007 o 7 "f 02 Buildings Panther 81 - 6105 Other + Panther Deaths 72-04 COMMERCIAL D Existing Zoning RESI DENTIAL 07 , r~ "' 1 -,,-'''' \\ ~ I C Diller County --"-'--Y'_.""'-"'~""""'-~"----- " Data Source lIDAR & Parcels- Collier County Property Appraiser Wildlife - FFYVCC, NWi - USEPA C~ated By GIS CDES / EnVIronmental Services GIGIS_TmpIAR-7445,mxd I GllmagesIMaps&AenalsIAR-7445Wldlf_P.jpg 0 035 Date: 1/12/07 I 14 Miles Agenda Item No. 170 February 27. 2007 Page 88 of 102 COPELAND AREA REZONING / OVERLAY ISSUES MEETING WEDNESDAY, JULY 27, 2005 3:30 - 4:30 PM UPDATED AUGUST 17,2006 ISSUES . CONSERVATION (CON) ZONING DISTRICT MINIMUM LOT AREA - 5 ACRES (SINGLE F AMIL Y RESIDENTIAL) # OF EXISTING NON-CONFORMING LOTS = 23 # OF LOTS WITH DUAL ZONING = 13 # OF LOTS WITH NON-CONFORMING STRUCTURES = 11 # OF LOTS WITH SINGLE FAMILY RESIDENTIAL STRUCTURES = 7 # OF NON-CONFORMING LOTS WITH S.F. STRUCTURES = 2 . VILLAGE RESIDENTIAL (VR) ZONING DISTRICT MINIMUM LOT AREA - S.F. RES. = 6,000 SQUARE FEET (.138 AC.) - DUPLEX = 10,000 SQUARE FEET (.23 AC.) - MULTI-FAM. = 43,560 SQUARE FEET (1 AC.) # OF LOTS WITH ANAREA OF LESS THAN 6,000 SQUARE FEET IN THE SUBJECT AREA TO BE REZONED = 0 # OF EXISTING NON-CONFORMING LOTS IN EXISTING VR ZONING DISTRICT = 0 . AREA OF CRITICAL STATE ONCERN (ACSC) OVERLAY SITE ALTERATIONS o LIMIT TO 10% OF TOTAL SITE AREA & INSTALLATION OF NON- PERMEABLE SURFACES SHALL NOT EXEED 50% OF DISTURBED AREA / MIN. 2,500 SQUARE FEET ON ANY PERMITTED SITE o A PORTION OF THE DIVELOPMENT WAS DETERMINED "VESTED" / EXCEPTION FROM F.S. CH. 380 o (2.2.24.4) MOBIL HOME SITES ARE NOT REQUIRED TO FILE A PETITION FOR SITE ALTERATION PURSUANT TO SECTION 2.2.24.7 o (2.2.24.8) EXCEPTIONS FOR PUBLIC HEARING REQUIREMENTS - 5 ACRES OR LESS / NO TRANSFER OF DEVELOPMENT RIGHTS - (9.03.03.B.4.) NON-CONFORMING RESIDENTIAL STRUCTURES - RECOMMENDATION OF CCPC/ APPROVAL BY BZA . OVERLAY SURVEY QUESTIONS o SMALL TOWN FEEL o NEED POST OFFICE / RECREATIONAL FACILITIES o VR ZONING DISTRICT - NEED NEIGHBORHOOD COMMERCIAL USES Page 1 of2 Agenda Item No. 17D February 27, 2007 Page 89 of 102 (DAY CARE, HOUSE OF WORSHIP, COMMERCIAL CENTER, RECREATIONAL FACILITIES) OUTDOOR STORAGE OF MAJOR COMMERCIAL OR RECREATIONAL VEHICLES & EQUIPMENT - KEEPING LIVE STOCK RESTRICTING MULTI-FAMILY DWELLINGS - ZONING STANDARDS TO REFLECT AS-BUILT CONDITIONS - BUILDING HEIGHT CONPONENTS - ARCHITECTURAL DESIGN STANDARDS SIGN STANDARDS FOR COMMERCIAL AREA PRIORITY: PERMITTED USES & SETBACKS Page 2 of2 Agenda Item No. 170 February 27.2007 Page 90 of 102 Agenda Item No. 170 February 27, 2007 Page 92 of 102 Agenda Item No. 170 February 27,2007 Page 93 of 102 REZONE FINDINGS PETITION RZ-2005-AR-7445 Section 10.03.05 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 and policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located in the urban designated area of the county. The proposed rezoning will affect 30 properties, of which 13 properties have dual zoning classifications. Eleven of the lots have mobile home (non-conforming structures) on them. The rezoning would alleviate the non-conforming status of these properties. Con: Staff has concerns that the petition would facilitate the continued adverse impact on the Big Cypress Area of Critical State Concern. Findings: Based on the staffs review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County if the listed conditions were addressed. 2. The existing land use pattern; Pro: The Aerial Map that is attached to the staff report show existing developed within the Copeland area. The Future Land Use Map identifies the Copeland area as an Urban Designated Area in the Growth Management Plan, and the petition is consistent with Policy 5.1 of the Future Land Use Element by limiting the maximum number of residential units to that designated in the urban area of four units per acre. Con: The petitioner's proposes a greater residential density and broader range of land use activities than those presently authorized in this environmentally sensitive area... Findings: Staff believes that the petition furthers the intent of the "Urban" designation of the GMP for the Copeland area 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The zoning district classification proposed for the subject property is the same as the majority of the adjacent properties to the east. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. EXHIBIT "A" RZ-2005-AR-7445 COPELAND REZONING PAGE 1 OF 6 REZONING FINDINGS Agenda Item No. 170 February 27, 2007 Page 94 of 102 Con: The existing large lots, limited development, and the existing Conservation zoning districts on the north, west and southern boundaries of the subject property is contusive the its present zoning classification. Findings: The proposed petition is compatible with the adjoining residential land uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The existing boundaries for the original Village Residential (VR) zoning district were probably established using an older United State Geologic Survey, which estimated residential development an average distance off of State Route 29, and those remaining areas were identified as Recreational and Open Space (RO). The later rezoning in 1991 of this area intended to change those area identified as RO to a Conservation (Con) district classification. Con: The existing boundaries were illogically drawn by not considering the actual land use activities and the actual northern limits of the existing VR zoning District. Findings: The proposed rezoning district boundaries are logically drawn to conform to the limits of the urban designated area for Copeland. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The National Flood Insurance Program (NFIP) and the County are becoming more restrictive on any development that occurs in identified flood plains. The subject property is in an AE-7 100 Year Flood Zone. In the event that any of the mobile homes that are located in the subject property would be destroyed or substantially damage, these non-conforming structures could be replaced if they were built to code or a variance was approved by the Board of Appeals (LDC Section 9.03.03.B.4). Con: The removal of the existing mobile home (non-conforming structures) in the CON- ACSC/ST would bring the land uses into compliance with the existing zoning district regulations, but would create a limitation to the options which the property owner would have in replacing their residence. Findings: The proposed rezoning petition is compatible with adjacent land uses and the limitations imposed on all properties that are classified as ACSC/ST limits the extent of development on any lot. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The zoning change will improve living conditions by eliminating the non- conforming status, and permit residents to obtain building permits for necessary residential building improvements. RZ-2005-AR-7445 COPELAND REZONING PAGE 2 OF 6 REZONING FINDINGS Agenda Item No. 170 February 27.2007 Page 95 of 102 Con: The existing large lots, limited development, and the existing Conservation zoning districts on the north, west and southern boundaries of the subject property is contusive with the present zoning classification. Findings: The proposed rezoning petition is compatible with adjacent land uses and the limitations imposed on all properties that are classified as ACSC/ST limits the extent of development on any lot. 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 ofthe development, or otherwise affect public safety. Pro: The proposed amendment limits the residential development to four units per acre, which is consistent with the base density of urban designated areas. Con: The proposed amendment could possibly increase the residential development within the 94 acres of the subject property. Currently, an estimated 34 residential units could be developed within the subject area (30 lots + 3 lots with over 10 acres (4 additional lots)) potentially generating 340 trips per day. The amendment would generate an estimated 3,760 trips per day ((94 acres x 4 dwelling units per acre) x 10 trips per day). Findings: While there is a potential increase of 3,420 trips per day, a more realistic traffic generation would be much less due to the limitations that the ACSC/ST regulations impose on the subject property. 8. Whether the proposed change will create a drainage problem; Pro: The zoning action would not create a drainage problem. Ariy future development within the subject area would be required to meet the storm water drainage regulations for the ACSC/ST. Con: Urban intensification could potentially increase area-wide flooding m 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. The subject property would be required to meet the storm water drainage regulations for the ACSC/ST. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable RZ-2005-AR-7445 COPELAND REZONING PAGE 3 OF 6 REZONING FINDINGS Agenda Item No. 170 February 27.2007 Page 96 of 102 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 (open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 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: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. However, staff is of the opinion that this petition could have a positive affect on the property values based on the petitions compatibility to the Land Development Code and the adjoining property as identified previously. 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 ex.isting regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, 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: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. RZ-2DD5-AR-7445 COPELAND REZONING PAGE 4 OF 6 REZONING FINDINGS Agenda Item No. 170 February 27. 2007 Page 97 of 1.02 Con: The rezoning petition if granted will benefit those property owners within the subject area by expanding the allowable uses permitted on the property. Findings: The proposed rezone is consistent with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed rezoning would constitute a grant of special privilege for the property owners of the 30 lots. 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 he used in accordance with existing zoning; Pro: The property could continue to be used with the eXlstmg zoning. As non- conforming structures are substantially damaged, the structures would need to be removed or a variance to replace the non-conforming structure would be required through the Board of Appeals. The process of bringing non-conforming uses into compliance takes time, but the property owners have the right to continue their existing use of their property so long as the use is expanded or increased. As the non-conforming uses and structures are removed, the lots within the zoning district become more compatible. Con: The subject property is zoned CON-ACSC/ST with 13 lots having a dual zoning of VR-ACSC/ST. Within the subject property, 23 lots are non-conforming because they do not meet the five acre minimum lot for a single-family residence and 11 of the lots have non-conforming mobile homes residential structures on them. The zoning amendment would abate these existing zoning district conflicts within the area of the subject property. Findings: Staff believes that the proposed amendment would aid in creating greater compatibility within the urban designated area of Copeland. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed Copeland rezoning petition brings the properties within the subject area into closer compliance within the land use regulations of the LDC and the intent of the urban designation of the GMP. Con: The proposed zoning amendment could provide the opportunity for further development within the subject property, and the additional development may have an adverse impact on existing community and its limited infrastructure. Findings: Staff believes that the proposed amendment would meet the needs of the subject property by abating the non-conforming conditions and bring continuity and stability within the Copeland community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? RZ-2005-AR-7445 COPELAND REZONING PAGE 5 OF 6 REZONING FINDINGS Agenda Item No. 170 February 27. 2007 Page 98 of 102 Pro/Con: Evaluation not applicable Findings: There are many sites zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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: Ariy development of this site would require limited site alteration with the existing or the proposed zoning due to the limitations imposed through the ACSC/ST Overlay. Con: The subject property is within the Big Cypress ACSC/ST overlay area. This area has been identified for its significant environmental qualities. Site alterations within this Big Cypress ACSC/ST overlay area have the potential of impacting the balance of the eco-system of this region of the St~te. Findings: Staff believes that the existing ACSC/ST regulations would aid in limiting the adverse impacts from the proposed land uses while allowing the property owners the use of their property. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process RZ-2005-AR-7445 COPELAND REZONING PAGE 6 OF 6 REZONING FINDINGS Ot'-N ~OO '-0"'- "'-N..... o -0 Z~~ E C Q) Q)(Ilen ~;:J(Il (Il.nCl. '"00) a3LL en <t: ., ! to- (/) "- (.) (/) (.) < , Z o (.) J J I I I I I I I I I I I I to- fI) "- () fI) () < Z o (.) .,... QL .... / "E- - 0.. <( ~ CJ z z o N It) ~ ~ ,.. , a:: <C I It) .... 0- 6<:' .~'S .... <( ~ ~ Z '" 0 ell - I- ill on <( CD " 1. 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A.ACSCIST ~ ~~ ~ 1- LEGl!ND '1 =;1 ~ - czo -'- Agenda Item No. 170 February 27,2007 Page 101 of 102 ORDINANCE NO, 07- 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 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IMMEDIATELY NORTH AND WEST OF THE COPELAND COMMUNITY WEST OF S.K 29 AND JANES SCENIC DRIVE IN SECT10NS 12 AND 13, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM THE CONSERVATION ZONING DISTRICT WITH AN AREA OF CR1TICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY (CON-ACSC/ST) TO THE VILLAGE RESIDENTIAL ZONING DISTRICT WITH AN AREA OF CRITICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY (VR-ACSC/ST) WHICH WOULD ALLOW A MAXIMUM OF FOUR RESIDENTIAL UNITS PER ACRE FOR THE CONTINUED USE OF SINGLE- FAMILY HOMES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q Grady Minor and Associates, P.A., representing Denny Baker, Director of Financial Administration and Housing, of the Community Development and Environmental Services Division, Collier County, Florida, petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition RZ-2005-AR-7445. 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 as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Sectiom 12 and 13, Township 52 South, Range 29 East, Collier County, Florida, is changed from the Conservation Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (CON-ACSC/ST) to the Village Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC-ST) which would allow a maximum offour (4) residential dwelling units per acre and for the continued uses of single-family homes. The appropriate zoning atlas RZ-2005-AR-7445 Page 1 of2 Agenda Item No. 170 February 27.2007 Page 102 of 102 map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. 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 Commissioners of Collier County, Florida, this day of ,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency Marjorie M. Student- Stirling Assistant County Attorney Page 2 of2 RZ-2005-AR-7445 Page 2 of2 Agenda Item No. 17E February 27,2007 Page 1 of 128 EXECUTIVE SUMMARY PUDZ-200S-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural - Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family or duplex dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. OBJECTIVE: The petitioner is requesting a rezone from Rural Agriculture-Mobile Home Overlay (A-MHO) to PUD to be known as Kaicasa Residential Planned Unit Development (RPUD). CONSIDERATIONS: The proposed project consists of 100:!: acres of land to be developed as a Residential Planned Unit Development (RPUD). The proposed project is a residential development of 400 single- family attached or detached dwelling units, two-family dwelling units and duplex or multi-family dwelling units at a density of four (4) dwelling units per acre to be designed with attention to natural site features. The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East, Collier County, Florida. FISCAL IMPACT: The PUD amendment, 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 amendment 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 Immokalee'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. PUDZ-2005-AR-7820 Kaicasa RPUD Page 1 of8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27.2007 Page 2 of 128 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 PLAN IMPACT: Future Land Use Element (FLUE): The subject property is within the Immokalee Urban planning area, as depicted on the County's Future Land Use Map, and as High Residential on the Immokalee Area Master Plan (lAMP) Future Land Use Map. The purpose of the High Residential District is to provide for an area of high density residential development at densities less than or equal to eight dwelling units an acre. Ari approved Affordable Housing Density Bonus would allow an additional eight dwelling units an acre. A maximum of four hundred (400) residential dwelling units shall be constructed on the one hundred (100:1:) acres, therefore, the projected density shall be four (4) dwelling units per acre. Based upon the above analysis, staff concludes that the proposed uses and densities may be deemed consistent with the lAMP. Transportation Element: Staff has reviewed the project with respect to Policies 5.1 and 5.2 of the GMP's Transportation Element, and finds the project to be consistent. AFFORDABLE HOUSING IMPACT: ,,",,;,,... The proposed project increases the number of affordable housing units to meet the needs of the County. All of the dwelling units shall be committed to occupancy by income restricted households that are at or below sixty percent of the median annual household income in Collier County. 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 RPUD Document and for this reason the rezone is consistent with the LDC and GMP. ENVIRONMENT AL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed this petition on December 6, 2006. With a vote of 5-0 in favor of the proposed petition, the EAC recommends approval for PUDZ-2005-AR-7820 Kaicasa RPUD to the Collier County Planning Commission and the Board of County Commissioners subject to the following conditions: Engineering/Stormwater Management: - PUDZ-2005-AR-7820 Kaicasa RPUD Page 2 of8 BCC Hearing 2/27/2007 Agenda Item No. 17E February 27,2007 Page 3 of 128 1. Base flood elevation approval shall be obtained from Federal Emergency Management Agency (FEMA) and submitted with the initial application for final development order (e.g. SDP, Construction plans). En virOlllll ental: 1. Per the United States Fish and Wildlife Services (FWS) technical assistance, the applicant shall include "Standard Protection Measures for the Eastern Indigo Snake (Service 2002)" into their project plans for any construction or land clearing activities. This shall be required to be included in all development orders (SDP or Construction plans) where clearing is required. 2. Compensation for impacts to wood stork and Florida panther habitat must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Process (ERP) and United States Army Corps of Engineers (USACE) permit in consultation with FWS prior to SDP/Construction plan approval. 3. Over 5 acres of wetlands will be impacted in the final plans. Include an analysis, at the time of the first SDP or Construction plan review, of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. County review and approval of the analysis is required prior to SDP/ Construction plans. 4. A full 5 day wildlife survey will be required at time of SDP/Construction plans. Survey must be less than 1 year old at time of submittal. 5. Sidewalks on both sides of internal roads may result in increased impacts to preserves. If the sidewalk deviation is denied, impacts to preserve areas must be minimized by using stem walls or similar structures. Preserves will be evaluated at the time of SDP/construction plans to be sure preserves are consistent with the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed the Kaicasa RPUD rezone at the January 18, 2007 meeting. The CCPC voted 9 to 0 to forward this petition to the BCC with a recommendation of approval including the following stipulations. 1. Federal Emergency Management Agency (FEMA) base flood elevation determination shall be prior to the first Development Order approval. 2. Each dwelling unit shall contain a minimum of one single-car garage. 3. CCPC recommends only the environmental stipulations of the EAC conditions, as noted above. ZONING STAFF ANALYSIS: PUDZ-2005-AR-7820 Kaicasa RPUD Page 3 of 8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27, 2007 Page 4 of 128 Staff from the Department of Zoning and Land Development Review has 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 staffs 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. . The proposed change has been deemed consistent with the applicable elements of the GMP goals, objectives, and policies and the Future Land Use Map. Pro: Staff has reviewed the petition and provided an analysis of the RPUD rezone in the staff report. Con: None. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail on how the project is deemed consistent with the GMP. . The proposed land uses are compatible with the existing land use pattern. Pro: The existing land use designation is Rural Agriculture-Mobile Home Overlay (A- MHO) and the GMP encourages the project area to be rezoned to residential in the form of a PUD. As such, the Kaicasa RPUD as proposed is deemed to be consistent with existing land use per the GMP. Con: N one. Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the Immokalee Area Master Plan, staff has determined that there are no incompatible uses. Findings: Land use patterns involve zoning and transportation infrastructure planning to ensure that land is used efficiently for the benefit of the wider economy and population as well as to provide basic goods and services to the district. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 of the Traffic Element of the GMP. Pro: The proposed road and sidewalk system for the project provides well-situated movement of pedestrians and motorized vehicles which is consistent with Objective VI.1 of the lAMP of the GMP. Con: None. Findings: The Traffic Impact Statement indicates that the generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policies 5.1 and 5.2 of the Transportation Element of the GMP. PUDZ-2005-AR-7820 Kaicasa RPUD Page 4 of8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27,2007 Page 5 of 128 . 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. Pro: Public facilities including, but not limited to, roads, water, sewer, drainage, and transportation shall be coordinated with development and as appropriate, phased. Con: None. Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed unless the LOS deficiency is corrected. LEGAL CONSIDERATIONS: This is a site specific rezone from the Rural Agriculture with Mobile Home Overlay (A-MHO) Zoning District to the Kaicasa Residential Planned Unit Development (RPUD) Zoning District. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (Bee), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to alTangements 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 on~v after consultation with the counZV attorney. 3. Consider: Conforn1ity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: 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. - PUDZ-2005-AR-7820 Kaicasa RPUD Page 5 of8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27,2007 Page 6 of 128 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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 othentise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? - PUDZ-2005-AR-7820 Kaicasa RPUD Page 6 of8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27,2007 Page 7 of 128 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used III accordance with existing zoning? (a "core" question.. .) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pernlitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone 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.l06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This is an affordable housing project and Paragraph 5.4.B of the proposed RPUD Document contains stipulations requiring the applicant to maintain the project as such for a period of 15 years. (MMSS) RECOMMENDATION: _. Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ- 2005-AR-7820 Kaicasa Residential Planned Unit Development (RPUD) subject to the stipulations of staff and the Collier County Planning Commission, which have been incorporated into the RPUD document attached to the ordinance of adoption. PUDZ-2005-AR-7820 Kaicasa RPUD Page 70f8 Bee Hearing 2/27/2007 Agenda Item No. 17E February 27,2007 Page 8 of 128 PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review PUDZ-2005-AR-7820 Kaicasa RPUD Page 80f8 Bee Hearing 2/27/2007 Item Number: Item Summary: Meeting Date: Agenda Item No, 17E February 27, 2007 Page 9 of 128 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E This Item requires that all participants be sworn In and ex parte disclosure be provided by Commission members PUDZ-2005-AR-7820 Habitat for Humanity of Collier County represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural Mobile Home Overlay (A -MHO) zoning district to the Residential Planned Unit Development (RPUD'J zoning district to consist of an afiordable housing residential neighborhood of 400 slngle-famtly, zero lot line, two-family or duplex dwelling units III a project to be known as the Kaicasa RPUO. The subject property, conslstlng of 100 acres is located along the north Side of State Road 29. east of Village Oaks Elementary School, and IS approximately 2 mtles east of the intersection of State Road 29 and County Road 846 2127/2007900.00 AM Principal Planner Date Prepared By Melissa Zone Community Development & Environmental Services Zoning & Land Development Review Z/13/2007 5:33:11 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin, 211412007 8:45 AM Approved By Susan Murray, Alep Community Development & Environmental Services Zoning & land Development Director Date Zoning & land Development Review 2/14/20078:55 AM Approved By Date Marjorie M, Student-Stirling Assistant County Attorney 2/14/20071:11 PM Approved By County Attorney County Attorney Office Marlene Stewart Date Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 2/16/20075:05 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 2120/2007 1 :08 PM Donald L. Scott TransportatIon Planning Director Date Approved By Transportation Services Transportation Planning 2/20/2007 1 :47 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & land Development Review 2/20/2007 1 :47 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 2/20/2007 1 :50 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 2/20/2007 2:50 PM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/20/20078:23 PM Agenda Item No. 17E February 27. 2007 Page 10 of 128 Co1N:r County - ..- -~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 18,2006 SUBJECT: PETITION PUDZ-2005-AR-7820, KAICASA RPUD OWNER: Habitat for Humanity of Collier County, Incorporated 11145 Tamiami Trail East Naples, FL 34113 AGENT: Laura Spurgeon Johnson Engineering, Incorporated 2350 Stanford Court Naples, FL 34112 REQUESTED ACTION: The petitioner is requesting a rezone from Rural Agriculture-Mobile Home Overlay (A-MHO) to be known as Kaicasa Residential Planned unit Development (RPUD). GEOGRAPHIC LOCATION: The project site is located at the southwest comer of Section 12, Tovmship 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East, Collier County, Florida. (See attached location map on the following page) To be switched out for Location MaD PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 eepe Hearing Page 1 of 6 PURPOSEIDESCRIPTION OF PROJECT: PUDZ-2005-AR-7820 Kaicasa RPUD Agenda Item No. 17E February 27, 2007 Page 11 of 128 January 18, 2006 CCPC Hearing Page 2 of6 Agenda Item No. 17E February 27,2007 The proposed project consists of 100:1: acres of land to be developed as a Residential PI~1 V!lh128 Development (RPUD). The project is a residential neighborhood of 400 single-family attached or detached dwelling units, two-family dwelling units and duplex or multi-family dwelling units designed with attention to natural site features. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant, zoned Agriculture-Mobile Home Overlay (A-MHO) Surrounding- North: Agriculture-Mobile Home Overlay (A-MHO) South: Agriculture-Mobile Home Overlay (A-MHO) East: Agriculture-Mobile Home Overlay (A-MHO) West: Residential Multi-family (RMF-4/RMF-6), Collier County Housing Authority Farmworker's Village GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 cepe Hearing Page 3 of6 Agenda Item No. 17E February 27,2007 The subject property is within the Immokalee Urban planning area, as depicted on the ~afe128 Future Land Use Map, and as High Residential on the Immokalee Area Master Plan (lAMP) Future Land Use Map. The purpose of the High Residential District is to provide for an area of high density residential development at densities less than or equal to eight dwelling units an acre. An approved Affordable Housing Density Bonus would allow an additional eight dwelling units an acre. CONCLUSION: Based upon the above analysis, staff concludes that the proposed uses and densities may be deemed consistent with the Immokalee Area Master Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. Common Areas: The RPUD provides public open-space component with the principal uses as preserve, lakes and tot-lot recreation areas. No building or structures shall be erected in the preserves, or tot lot designated area as depicted 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 determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport 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 RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisorv Commission (EAC): The EAC reviewed this petition on December 6, 2006. With a vote of 5-0 in favor of the proposed petition the EAC recommends approval for PUDZ-2005- AR-7820 Kaicasa to Collier County Planning Commission and the Board of County Commissioners with the following conditions: Engineering/Stormwater Management: 1. Base flood elevation approval shall be obtained from Federal Emergency Management Agency (FEMA) and submitted with the initial application for final development order (e.g. SDP, Construction plans). Environmental: 1. Per United States Fish and Wildlife Services (FWS) technical assistance, the applicant shall include "Standard Protection Measures for the Eastern Indigo Snake (Service 2002)" into their project plans for any construction or land clearing activities. This shall be required to be included in all development orders (SDP or Construction plans) where clearing is required. 2. Compensation for impacts to wood stork and Florida panther habitat must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Process (ERP) and United States Army Corps of Engineering (USACE) permit in consultation with FWS prior to SDP/Construction plan approval. PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 cepc Hearing Page 4 of 6 Agenda Item No. 17E February 27, 2007 3. Over 5 acres of wetlands will be impacted in final plans. Include an analysis, at ~ti.rl1e~f128 the fIrst SDP or Construction plan review, of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. County review and approval of the analysis is required prior to SDP/ Construction plans. 4. Full 5 day wildlife survey will be required at time of SDP/Construction plans. Survey must be less than 1 year old at time of submittal. S. Sidewalks on both sides of internal roads may result in increased impacts to preserves. If the sidewalk deviation is denied, impacts to preserve areas must be minimized by using stem walls or similar structures. Preserves will be evaluated at the time of SDP/construction plans to be sure preserves are consistent with the GMP. Zoning and Land Development Review Analvsis: Based on staff's review of the proposed project and the adjacent existing and anticipated land uses, Kaicasa RPUD is compatible to the surrounding property as well as consistent with the GMP and LDC. Currently, the surrounding neighborhood is zoned Agriculture-Mobile Home Overlay and is developed with single-family and multi-family homes. All of the dwelling units shall be committed to occupancy by income restricted households that are at or below sixty percent (60%) of the median annual household income in Collier County at the time of construction which is schedule to begin in mid 2007 with a completion date of 2009. The project entrance will be along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant for the agent noticed and advertised for the Neighborhood Information Meeting (NIM) according to the LDC. The NIM date was July 26, 2005 at 6:00 p.m. at the Immokalee Offices of Habitat for Humanity, 640 North 9th Street. The Community Planning Coordinator did not attend the meeting. The original project planner assigned to the petition was Mike Bosi, Principal Planner who did attended the NIM and stated that no one from the public attended the meeting. RECOMMENDATION: The Collier County Planning Commission (CCPC) fOf\vards a recommendation of approval for petition PUDZ-2005-AR-7820 Kaicasa RPUD. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings PREPARED BY: PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 CCPC Hearing Page 5 of 6 MELISSA ZONE, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Agenda Item No. 17E February 27, 2007 Page 15 of 128 REVIEWED BY: ASSIST ANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, 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 February 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 CCPC Hearing Page 6 of6 REZONE FINDINGS PETITION PUDA-200S-AR-7820 Kaicasa Agenda Item No. 17E February 27,2007 Page 16 of 128 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 land use designation of the Growth Management Plan (GMP). Con: None Findings: Based on the staff's review the proposed change would be in compliance with the Immokalee Area Master Plan (lAMP) of the Growth Management Plan (GMP) and the Land Development Code (LDC). 2. The existing land use pattern; Pro: The existing land use designation is Rural Agriculture-Mobile Home Overlay (A- MHO) and the GMP encourages the project area to be rezoned to residential in the form of a PUD. Therefore, if the rezone to RPUD is approved, Kaicasa RPUD will be consistent with existing land use per the GMP. Con: Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the Golden Gate Area Master Plan, staff has not found incompatible uses. Findings: Land use patterns involve zoning and transportation infrastructure planning to ensure that land is used efficiently for the benefit of the wider economy and population as well as to provide basic goods and services to the district. Because the RPUD document contains language that guarantees the project will remain consistent with the GMP's goals and objectives. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the proposed RPUD 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 residential zoning districts. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT" A" Page 1 of 5 Agenda Item No. 17E February 27,2007 4. Whether existing district boundaries are illogically drawn in relation t<F~~ishngf 128 conditions on the property proposed for change. Pro: The requested action will not change the subject site in relation to the nearby residential boundaries. Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Immokalee Urban planning area, as identified on the lAMP of the GMP. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because it is encouraged in the lAMP which is designed to be in harmony with the surrounding area. Con: The proposed rezone is not obligatory at this location. findings: The proposed zoning change to RPUD is appropriate based on the growth and development trends in the Immokalee Urban planning district and future growth indicate a demand for residential uses within the high residential district. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed RPUD rezone 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 proposed road and sidewalk system for the project provides well-situated movement of pedestrians and motorized vehicles which is consistent with Objective VI.I of the lAMP of the GMP. Con: None Findings: The Traffic Impact Statement indicates that the generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policy 5.1 and 5.2 of the Transportation Element of the GMP. PUDA-2005-AR- 7820 Kaicasa RPUD EXHIBIT "A" Page 2 of 5 8. Whether the proposed change will create a drainage problem; Agenda Item No. 17E February 27,2007 Page 18 of 128 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: Public facilities including but not limited to water, sewer and drainage shall be coordinated with the first development order (plans or plat). 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 Findin~s: 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-2005-AR-7820 Kaicasa RPUD EXHIBIT" A" Page 3 of5 Agenda Item No. 17E February 27,2007 12. Whether the proposed change will constitute a grant of special privile~ilgf01 ~o.f 128 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 change does not constitute a grant of special privilege to the owner as compare with the adjacent or nearby neighborhood or with the general public. The rezone complies with the land use designation 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 meet the terms of the future land use element of the Immokalee Area Master Plan (lAMP) of the GMP and it will be used in accordance with the surrounding residential zoning. Con: None Findings: There are no substantial reasons why the property cannot be used in accordance with the Rural Agriculture-Mobile Home Overlay zoning, other then the ability to develop in accordance with the lAMP future land use designation which is the High Residential District. It should be noted that the economic value of the property, currently zoned, is less than its economic value if rezoned as requested will not alone constitute a significant detriment 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. The RPUD Master Plan is compatible with the character and needs of the neighborhood. Con: None Findings: The proposed rezone is designed in a manner that is compatible with surrounding property in size and scale and the aesthetic effect of existing and future use of the property as it relates to the surrounding area. 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 Immokalee Urban Area and does not exceed the acceptable density of eight (8) dwelling units per acre. The proposed project increases the number of affordable housing units to meet the housing needs of the Immokalee area. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT "A" Page 40f5 Con: None Agenda Item No. 17E February 27,2007 Page 20 of 128 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. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of community. Con: 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-2005-AR-7820 Kaicasa RPUD EXHIBIT" A" Page 5 of 5 Agenda Item No. 17E February 27, 2007 Page 21 of128 EXIllBIT "B" FINDINGS FOR PUD PUDZ-A-200S-AR-7820 Kaicasa RPUD 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: Staff reviewed this petition and how it relates to site layout, the orientation and location of homes, open spaces, landscaping and other development features such as traffic and access, drainage, sewer, water in relation to the physical characteristics, zoning and land use of the site and surrounding properties and has deemed it suitable for a PUD rezone. Con: Not applicable because this project is surrounded by residential and the proposed rezone is also residential. Findings: The proposed rezone is for the land use of residential and is suitable for the type of development that is currently being constructed in the area. Also, this petition will have to come back to county staff during first development order to ensure that is being developed 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 Kaicasa 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: Staffhas reviewed the petition and provided an analysis of the RPUD rezone in the staff report. PUDA-2005-AR-7820 Kaicasa RPUD January 18, 2007 eepe Hearing Page 1 of3 Agenda Item No. 17E February 27,2007 Page 22 of 128 Con: None 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 plan is internally and externally compatible and harmonious with existing and planned land uses in the surrounding area and adjacent areas and meets the adopted purposes of the district in which the development is proposed. Con: Staff can not evaluate the project until fIrst development order 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 and staff will ensure that it remains consistent during the development process. S. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The RPUD Master Plan utilizes design and development techniques which respect the character of the community and protect environmental resources with open space for conservation and recreation space for public use. Con: None Findings: The amount of open space set aside is consistent with the provisions of the Land Development Code (LDC) and the GMP. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: Public facilities including but not limited to roads, water, sewer, drainage, and transportation shall be coordinated with development and as appropriate, phased. Con: None Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. PUDA-2005-AR- 7820 Kaicasa RPUD January 18, 2007 CCPC Hearing Page 2 of3 Agenda Item No. 17E February 27, 2007 Page 23 of 128 Pro: The GMP establishes criteria for maintaining adequate housing and Level of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area's sanitary sewer, solid waste collection, sub-surface drainage, and potable water systems; roads; and recreational facilities. Con: None. Findings: The RPUD document has utilize GMP requirements to ensure the proposed development shall 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 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 Kaicasa RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDA-2005-AR-7820 Kaicasa RPUD January 18, 2007 CCPC Hearing Page 3 of3 UJr--ro r--ON .,-C>~ .N4- o - 0 Zr--"<t NN E>.O) 2rorn -:::>ro (\).....0.. -0..0 cO) (J)LL OJ <( o ::J: :::e ..I: o ::J: :=E I <( 31VOS QJ. .Ia< / ___ - ...-- I: I: U >-ffi is a L 60 '~'S ;S ~t "" bZ wQ -,!;;: 00 lEg ~ .: u ~ -L I: ~ z e g Ili ~ g gL-1 ~~ rj~ ~~ 0.. <( :2: W J- en o N co t- ~ <( I It) o o N L :J a.. =It: z o l- I- W a.. a.. <( ~ z o - J- <( () o -I COlliER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 17E February 27, 2007 Page 25 of 128 2800 NORTH HORSESHOE DRIVE NAPLES, FLORlDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO CAR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSJGNED PLANNER RE-SUBMITTAL PUDZ-200S-AR-7820 PROJECT #2005030037 DA TE: 2/15/06 MELISSA ZONE ....,_......,.,.,..,.,.,...., ,'" " '..... ,,!, <.. ;-, . '" 1 ~...; : .~ ". . _.., .0. _ '., _ ". ," ,_ , . ... "_' ...l~~~t~~*t:I1N,F~_~t~~ NAME OF APPlICANT(S) HABITAT FOR HUMANITY OF COLLIER COUNTY ADDRESS 11145 T AMI AMI TRAIL EAST CITY NAPLES STATE Fl ZIP 34113 TELEPHONE # (239) 775-0036 CELL # FAX # (239) 775-0477 E-MAIL ADDRESS:SDURSO@HFHCOLllER.COM NAME OF AGENT LAURA SPURGEON ADDRESS 2350 STANFORD COURT CITY NAPLES TELEPHONE # 239-434-0333 CELL # E-MAII.ADDRESS:LSPURGEON@JOHN~ONENG.COM ST A TE FAX# FL ZIP 3411 2 239-434-9320 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6/14/04 ,~~~'. "W-W'f;@NS;" ., ,-,~,...~'.,._'L',;J.,.~..,.., " ' ,"-. Agenda Item No. 17E . ~ ~., 007 PC:ige2f5:q 128 Complete the following for all Association(s} afFiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY ST A TE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIA nON: MAILING ADDRESS STATE ZIP CITY 'j;Pl~qIQs.!ir.~"6f]tn{e.r~~t:f)ifQ,~m~(iQJl'r" . a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, fist all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership See Attached 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 Application For Public Hearing For pun Rezone 6114/04 Agenda Item No. 17E e. If there is a CONTRACT FOR PURCHASE, with an individual or ind~~.,}~~t~g~ Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired D leQ.sed 0 Term of lease yrs.fmos. If, Petitioner has option to buy, indicate the foUowing: 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. [... .pl.{~~m1l1~~O~~hl'1(;tN' jl Detailed leg-aI description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property Involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Sedion/T ownship/Range Lot: Block: 13 I 47S I 29E Subdivision: Plat Book Page #: Property r.D.#: 00137241004 & 00137521009 Metes & Bounds Description: See Attachment A Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 17E February 27, 2007 Page 28 of 128 Size of property: 1235 ft. X 2850 ft. X l.lli ft. X ~ ft. = Total Sq. Ft. 4.350,337 sf Acres 100 Address/general location of subiect property: The site is along the north side of State Road 29. just east of Village Oaks Elementary School. and approximately 2 miles east of the Intersection of State Road 29 and County Road 846. PUD District (LDC 2.03.06): [2J Residential D Commercial D Community Facilities D Industrial I ADJACENT ZONING AND LAND USE Zoning land use N A-MHO S A-MHO E A-MHO W RSF-4jRMF-6 High Residential [lmmokaleel Low Residential (Immokalee\ Hiqh Residential IImmokalee) High Residential {Immokaiee) Does the owner of the subject property own property contiguous to the subject property? NO If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/T ownship/Range I / lot: Block: Subdivision: Property 1.0.#: Plaf Book_ Page #: Metes 8. Bounds Description: j REZONE REQUEST This application is requesting a rezone from the A-MHO zoning district(s) to the RPUD zoning dlstrict(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential neighborhood Original PUD Name: n/a Ordinance No.: n/a I' EV1\LUATIClNCRit,EltI4 :1 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 Commlssion's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing fhe rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Application For Public Hearing For PUD Rezo"ne 6/14104 PUD Rezone Considerations (toe Section 10.02.131B) Agenda Item No. 17E February 27,2007 Page 29 of 128 I. 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 designation of the land as High Residential on the Immokalee Future Land Use Map demonstrates the area Is suitable for the requested residential development. The proposed neighborhood relates with the ad[oining Farmworkers Village neighborhood and surrounding areas including the Vfllage Oaks Elementary School nearby. The attached Traffic Impact statement indicates State Road 29 provides adequate capaclty for traffic in this area, and adequate access is afforded for the site from State Road 29 and through Interconnection with the Farmerworkers Vmage site. Drainage is accommodated through the proposed stormwater management system. Sewer and water are provided through the Immokalee Water and Sewer District. 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 fhat 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. An Affidavit of Unified Control is included with this application, 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compfiance within the attached Kaicasa RPUD Document demonstrates conformity 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. The proposed reside'ntial neighborhood is internally compatible, and on site wetland areas are integrated and protected through the prolect design. The project is compatible with the adjacent Farmworkers Village neighborhood with an interconnection provided to integrate and provide access between the two prolects. Code required buffering is provided along project boundaries to screen impacts of the new development on adloining properties and along State Road 29. 5. The adequacy of usable open space areas In existence and as proposed to serve the deveJopment. The project satisftes Code requirements for usable open space in that at least 60 acres (60% of the site) is provided. A tot lot, preserve areas, lakes and passive open areas adequately serve as open space for 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. The site shall be designed, permitted and developed as a single phase, with acceptance by the County in phases through buiJdout In 2009. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Future expansfon of the Kaicasa RPUD is not scheduled, however expansion would be possible due to common zoning and land use designation of adjoining properties to the north and east. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 17E February 27, 2007 Page 30 of 128 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 propose project conforms with PUD regulations, as justified !n the considerations below. See the attached list of exceptions requested from the LDC, which are justifiable due to the project's size, natural systems on site to be preserved, the project layout and compattbility issues with surrounding uses and safety considerations. Rezone Considerations (Section 2.7.2.5) 2.7.2.5. Nature of requirements of planning commISSIOn report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in section 2.7.2.4 shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies andfuture land use map and the elements of the growth management plan. The proposed project's consistency with the growth management plan is exhibited by the fact it is located within an area designated for High Residential development, where it is compatible with surrounding uses and supported by the availability of adequate public facili ties. 2. The existing land use pattern. The existing land use pattern in the vicinity is characterized by development that is compatible with the proposed project. Designation of site and surrounding properties as High Residential on the lmmokalee Future Land Use map indicates the proposed residential development is consistent with the land use pattern established for the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed RPUD zoning district is not isolated and unrelated to the adjacent and nearby districts. The western boundary is shared with a similar residential project (Fannworkers Village), and just to the west and south of S.R. 29 is the approved Garden Walk Village POD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Existing district boundaries provide for A - Rural Agricultural zoning with the Mobile Home Overlay for the subject site and adjoining sites to the north, south and east. Farmworkers Village immediately to the west is split by RSF-4 and RMF-6 zoning districts. The requested RPUD designation allows for a clear delineation of the Kaicasa proj ect among the other sites. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Application For Public Hearing Far PUD Rezone 6/14/04 Agenda Item No. 17E The rezoning will ordain the most appropriate designation for the land to allow devgr~~Wl ~t~~~ that is in accord with the growth patterns established for this location. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change is beneficial to the living conditions in the neighborhood because the improvement of vacant land with a viable residential area with open space and recreation will contribute to the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land use~, because of peak volumes or projected types a/vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Traffic is addressed in the attached Traffic Impact Statement. Trips generated by the proposed residential units will not be incompatible with surrounding land uses, and interconnection with the Farmworkers Village development offers oppOltunities for greater intemal pedestrian and vehicular accessibility as an alternative to SR 29. 8. Whether the proposed change will create a drainage problem. No drainage problems will be created as a result of the proposed rezoning. The attached stormwater management plan addresses issues of drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Setbacks, buffers, open space, and maximum building heights of35 feet assure that light and air to adjacent areas is not affected by the proposed project. 10. Whether the proposed change will adversely affect property values in the adjacent area. Property values in the adjacent area will benefit from the proposed residential development. 11. Tf'hether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations, The proposed change will not deter improvement or development of adjacent properties. The proposed project furthers the goals of the growth management plan and will fUrther the potential for surrounding properties to follow the growth management plan as well. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed rezoning is consistent with the goals of the growth management plan and Future Land Use plan, which are adopted to guide development in the public's best interest and welfare, Application FOT Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 17E . . February 27, 2007 13. Whether there are substantlal reasons why the property cannot be used zn accora~ 32 of 128 with existing zoning. The existing zoning is A - Rural Agricultural zoning district with Mobile Horne Overlay. The site conditions are not best suited for agricultural activities, so this rezone is requested to bring the property into conformance with the GMP's Immokalee Area Master Plan, which designates the site as High Residential. 14. Whether the change suggested is out ofscale with the needs of the neighborhood or the county. The scale of the proposed development conforms to the surrounding neighborhood. The proposed 400 units on 100 acres provide residential character that is consistent with the neighboring Farmworkers Village designated for 4 and 6 units per acre. The proposed density of 4 units per acre is in scale with the designated High Residential maximum of 8 units per acre. The provision of affordable housing at this location and scale is well situated to fulfill needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Limited areas exist in the County for residential uses, however this site, located within the Immokalee's High Residential designation, is among the most adequate available sites. 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. The property is currently unaltered and vacant. Areas of wetland habitat and native vegetation will be preserved consistent with County standards, and basic site alteration is required to accommodate the proposed residential neighborhood. 17. The impact of development on the availability of adequate publicfacilities 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 development will comply with the Adequate Public Facilities Ordinance and will not compromise availability of adequate public facilities and services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Oeed 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 offected by existing deed restrictions. Application For Public Hearing For Plm Rezone 6J14/()4 Agenda Item No. 17E P,revious land use petitions on the subject property: To your knowledge, has a public hearih8~s~tiit~~~ on this property within the Jast year? 0 Yes [gI No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of IIsufficlency" has been mode 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 contir'JUe processing or otherwise actively pursl,l~ the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity sha[l 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 wlll be sublect to the then current code. (lDC Section 10.03.05.0.) Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 17E February 27, 2007 Page 34 of 128 ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Al\1ENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, vVHleH 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 CLASSIFICA nON OF TIIE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE-HOME OVERLAY (A-MHO) ZONING DISTRlCT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS RLRt....1ENTARY seHOOL, AND APPROXIMATELY 2 MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN SECTION 12, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100:1: AeRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Laura Spurgeon, AICl' of JOHNSON ENGINEERING, INC., representing HABITAT FOR HUMANITY OF COLLIER COUNTY INC., petitioned the Board of County Commissioners to change the zoning classification of the herein described real propelty. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SEeTION 01':lE; The zoning classification of the herein described real property located in Section 12, Township 47 South, Range 27 Bast, Collier County, Florida, is changed from the Agriculture Mobile-Home Overlay (A-I\i1HO) Zoning District to the Residential Plmmed Unit Development (RPUD) Zoning Distlict known as Kaicasa Residential Plalmed Unit Development in accordance with 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 eollier COllnty Land Development Code, is/are hereby amended accordingly. Agenda Item No. 17E February 27, 2007 Page 35 of 128 SECTION TWO; 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 ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; JAMES COLETTA, CHAIRMAN Deputy Clerk Approved as to fonn and legal sufficiency ~ 2 Agenda Item No. 17E February 27, 2007 Page 36 of 128 Community Development and Environmental Services Division KAICASA RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREP ARED FOR: HABIT A T FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DA IT APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" Agenda Item No. 17E February 27, 2007 Page 37 of 128 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE 11 SECTION I PROPERTY OWNERSHIP & DESCRIPTION I-I through 1-2 SECTION II PROJECT DEVELOPMENT II-I through II-2 SECTION III RESIDENTIAL AREAS III-I through III-3 SECTION IV PRESERVE AREAS IV-I through IV-I SECTION V DEVELOPMENT COMMITMENTS V-I through V-3 SECTION VI DEVIATIONS VI-I EXHIBIT I EXHIBIT 2 TABLE I TABLE 2 Agenda Item No. 17E February 27,2007 Page 38 of 128 LIST OF EXHIBITS AND TABLES Location Map RPUD Master Plan Project Land Use Tracts Page II-I Development Standards Page II1-2 i Agenda Item No. 17E February 27,2007 Page 39 of 128 STATEMENT OF COMPLIANCE The subject property consists of 100:t. acres of property in Collier County, Florida, and will be developed as a Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within the lmmokalee Planning Community. The proposed development will consist of up to 400 residential dwelling units in the form of single-family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) for the following reasons: 1. The subject property is within the lmmokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated High Residential District on the lmmokalee Area Master Plan (IAMP) Future Land Use Map. According to the lAMP, the purpose of the High Residential District is to provide for a district of high density residential development. Residential dwellings shall be limited to multi-family structures and less intensive units such as single family and duplexes provided they are compatible with the district. A density less than or equal to eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the parameters described in the lAMP for the High Residential District, and satisfies Objective ILl of the IAMP. 2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non-motorized vehicles consistent with Objective VI.l of the IAMP. In accordance with GMP Future Land Use Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown (FLUE) on the master plan. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining development which is the Farmworker's Village residential project to the west. The lmmokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The proposed development will be consistent with all these designations for future use of surrounding properties. 4. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub-Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the lAMP. 5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the lAMP based on the following relationships to required criteria: Density per High Residential designation on lmmokalee Future Land Use Map 8 DU/A Affordable housing density bonus (100% are for low income households) 8DU/A Permitted density 16 DU/A PROPOSED DENSITY 4 DU/A 400 units on I 00:t. acres (gross acreage for residential use) 6. The provision of affordable housing in this development is consistent with Goal I of the Housing Element of the GMP and Goal III of the IAMP by creating affordable housing for residents of Collier County, including low and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of affordable housing units to meet the housing needs of the County which is consistent with Objective 1 of the Housing Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance in accordance with Policy IT. 1.2 of the lAMP. ii Agenda Item No. 17E February 27,2007 Page 40 of 128 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 Kaicasa RPUD. 1.2 LEGAL DESCRIPTION The subject property, being 1002: acres, is described as: That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East, and that portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East, Collier County, Florida, described in O.R. Book 2153, Page 1901, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section 12; thence North 02013'13" West along the West line of Southwest 1/4 of said Section 12, a distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest comer of the Southwest 1/4 of said Section 12; thence North 02013'27" West along the West line of the Northwest 1/4 of said Section 12 , a distance of 179.09 feet' thence departing said West line, North 87046'47" East a distance of 1235.30 feet; thence South 02013'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right-of-way line of State Road No. 29; thence North 45003'20" West along said Northerly line a distance of 730.92 feet; thence North 44055'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02019'02" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. A site location map is provided as EXHIBIT 1. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East. The project entrance is along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A-MHO, Rural Agricultural with Mobile Home Overlay. 1.5. PHYSICAL DESCRIPTION I-I Agenda Item No. 17E February 27,2007 Page 41 of 128 The project site is located within the South Florida Water Management District. The natuml dminage of the site is in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn, discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan. Water management for the proposed project is planned to utilize existing wetland features with added capacity in lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however, has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Firm Map Panel Number 150 (12021COI50G) dated November 17, 2005. The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDAlNRCS Soil Survey for Collier County, Florida. 1.6. PROJECT DESCRIPTION The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features, preserve areas and a recreation area. The site shall be designed, permitted and developed in phases through estimated buildout in 2009. 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance." 1-2 Agenda Item No. 17E February 27, 2007 Page 42 of 128 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2. GENERAL Regulations for development of the Kaicasa RPUD shall be in accordance with the contents of this Document, RPUD- Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply. 2.3. DESCRIPTION OF PROJECT PLA.N AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by EXHIBIT 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by EXHIBIT 2. TABLE 1 Project Land Use Residential TYPE Single-family attached or detached.:. zero lot line, two-family, duplex, or multifamily dwelling units UNITS 400 DU ACREAGE 48.05 ACRES Lakes 9.02 ACRES Preserve Preserves (minimum 24.1 acres) including upland buffers 30.18 ACRES RoadslRight-of- Way 12.75 ACRES 100.00 TOTAL ACRES B. Areas illustrated as lakes on EXHIBIT 2 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 lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EXHIBIT 2. Minor modification to all tracts, lakes or other boundary may be permitted at the time of 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 tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi-public) shall be established within or along the various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE 11-1 Agenda Item No. 17E February 27,2007 Page 43 of 128 A maximum of 400 residential dwelling units shall be constructed in the total project area. The gross project area is 100:!:. acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a site development plan and/or subdivision plat shall be submitted for the project. II-2 Agenda Item No. 17E February 27,2007 Page 44 of 128 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated as residential tracts on EXHIBIT 2. 3.2. MAXIMUM DWELLING UNITS A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD. 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 detached dwelling units (A building which contains only one dwelling unit and is intended, designed, used and occupied by no more than one family); (2) Zero lot line dwelling units (A single-family attached or detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other); (3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership); (4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership); (5) Single-family attached dwelling units; (6) Multi-family dwelling units. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Common recreation amenities and play areas. 3.4. DEVELOPMENT STANDARDS (See Table II) A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as othelWise provided (See Table II, Schedule of Development Standards). B. BUILDING HEIGHT: Building height shall be measured from the finished first floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. C. GARAGE REQUIREMENT: A minimum of a single car garage is required for each dwelling unit. TABLE 2 111-1 Agenda Item No. 17E February 27, 2007 Page 45 of 128 Development Standards for Residential Areas Sing1e- Zero Two- Duplex - unit is Single-Family Multi-family Family Lot Family fee simple, lot Attached Detached Line fee IS common simple ownership lot PRINCIPAL STRUCTURES Minimum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s.f. 9,000 s.f. s.f. Minimum Lot Width l 35 feet 35 feet 35 feet 70 feet 17 feet 90 feet Minimum Floor Area 900 s.f. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f. Front Yard Setback" 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Side Yard SetbackJ 5 feet o feet or o feet or 5 feet 1 0 feet 10 feet 5 feet 5 feet Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Preserve Setback) 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 10 feet 1 0 feet 10 feet 10 feet 10 feet 10 feet Between Principal Structures ACCESSORY STRUCTURES Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Side Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet (Accessory) Preserve SetbackO 10 feet 1 0 feet 10 feet 1 0 feet 10 feet 10 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance o feet or 10 o feet or o feet or o feet or 10 feet o feet or 10 feet o feet or 10 Between Principal and feet 10 feet 10 feet feet Accessory Structures7 Deve]opment Standards Notes: I On cui de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%. : A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk. 3 For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of the principal structure. A minimum 10 foot separation between principal structures shall be maintained. 4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20 foot lake maintenance easement. 5 Preserve setback for principal structures also applies to under roof attached structures part of the primary structure. 6 Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. 7 Attached accessory lanais or roofed screened areas qualify for O-foot separation. Detached accessory structures require a minimum ofa 10-foot separation. III-2 Agenda Item No. 17E February 27.2007 Page 46 of 128 S.P.S.: Same as Principal Structure Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. 1II-3 Agenda Item No. 17E February 27, 2007 Page 47 of 128 SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a natural or enhanced state. The Master Plan shows up to 30.18 acres of preserved native vegetation, a minimum of which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum requirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD. 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) Water management structures; (3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shaH not reduce the retained native vegetation below the minimum required. IV-l Agenda Item No. 17E February 27, 2007 Page 48 of 128 SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLA.l\T A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. 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. 5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% of the median annual household income in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (J 5) years from the date of issuance of a certificate of occupancy (CO). C. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. V-l Agenda Item No. 17E February 27, 2007 Page 49 of 128 5.5. TRANSPORTATION A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse cUlVes on any project streets. B. 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. C. Arterial level street lighting shall be provided at the development main access point. Access lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on the 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 points 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. E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown on the Master Plan. F. Site-related improvements (as opposed 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 ofthe first CO. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reselVes the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right-inlright-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. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer, and Collier County shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of any existing County right-of-way or easement, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. 5.6. STORMW ATER MANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials. Water management V-2 Agenda Item No. 17E February 27, 2007 Page 50 of 128 infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitaIY sewer facilities constructed within the platted rights-of-way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitaIY sewer system shall be customers of lmmokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCe) regarding potential impacts to protected species on-site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts 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. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. SECTION VI V-3 Agenda Item No. 17E February 27, 2007 Page 51 of 128 DEVIATIONS Deviation #1 seeks relief from LDC Section 6.06.01.0 (also Construction Standards Manual as revised in Supp. 17, 03-55) which requires minimum local street right-of-way width of 60 feet. Section 5.5.A. of the RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right- of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas ofthe property for enhanced environmental quality. Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both sides ofIocal streets. One 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood to on-site destinations as well as off-site to Farmworker's Village. This deviation will not adversely impact pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water quality and storm attenuation. Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55, which requires tangents for all streets between reverse curves, unless otherwise approved by the community development and environmental services division administrator. Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project streets." This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25 miles per hour, the design promotes traffic calming. VI-l Agenda Item No. 17E February 27, 2007 Page 52 of 128 l i- . "> '-. \ ,>, '" "\.... )., ">. '- _. "'>-(' /.r.., K' I X ." l< 'x Yj. ~ --.~--'>:::',,/''..P-'? , ".'- .,~ ... ", .'{ ':>~/^. . ["'''<'.r .'" ":x u' LJ I v ,If_ , ... -'~ . ~ ....... ! I (. '-., ,x:;.:o>,. '" , I XS Y . , . ". ..... ..."\"..../ ',- --3 " .' n'. ___- r ... '\.,_ __,...K_,~ _./ .......,.,~ . . ". .1<., ~.x....... ,x, ''', , ,_ '-.?' ....... ,/ ", ",_. - I ". . .... I . '(.' /. ". '>.' ". ......... , " I : I ~, ~:-;.. "-......1..... ><_~,l : 1 I X )c,n '../.' , . , i ../ ''J, , ....." ,.., ,:". I , ' , I 1'...." ~< ~.' I I I ,....../.:......i :~<,.>.<~ 'j / II i-SR 29- ,I ../ .. , l'1 l 'to , , i I ,. / .' / E""- ~ -; r-- :;j , r I, /~/____~ :' ,1-': L -=1~~ / ~, II' /~// I, ;I I // Immokalee !,/ f, I // A.lrport 1',' I, i I " i . . ~-" I 'II" "~;/ L:.P""': /' .." I I! \1 "l' 1 ~! N , ::R 046 ..-' i-' /' I // 1.~llll I I'.LJJJ 'T'I"j riel , I cl ~l WI ~~ (j,1 '\'. /...-.".~> \. "1, ;' ,- ,.- ,I ~<-=; SE.l.CI:;: I -~~-~.~ ~~, ::~;Q!';~ CI~ I ...,~, ' ':1 ~ "" ....::~:~~ 4~; '~:... 1 ~""'>. -_"11..:- -; i ............... ", ~.:l ~i_ ".<t ,/ , .~/ ,.' .,;, -/.. (L u SITE LOCATION '" , ~ '. [('I "" C1 OJ -;-:-,=,t', :. ~IDJ ~l.O:t[1 .r:E'e: "A9T...T =C". ;- Jr.tANITY <:31cali3 FPUD C::':I':( c~u,ri, Fon03 J()l~-I N~- III ENGINEERING 13.-:-1: -31S"'f':\!":I ,:.cu~ ~ F1.4"2 ;::-t:NE l::~~:' 434<~~ F.....x 1.:39, .:I~4-;_!.:J Exn J.t ~ _O:~U'''I MaD ."''1: ...... ~~rn , '" EXHIBIT 1 COLLIER LAND HOLDINGS, L TD 8 10' lYPE "A" BUFFER R /" /" - - '" - \ 1 I I I 1/ 10' lYPE "A" BUFFER R 8 R 10' lYPE "0" BUFFER I I I I I I \ \ R '/ . RRESERVE COLLIER COUN1Y HOUSING AUTHORITY FARMWORKER'S VILLAGE 8 , ,..: "\ I I I I I \ \ \ \ , \"\ ", '\ '\ ""'/"' "- , "\"\ R ~, '" "', ""- "", R '\ '\ ..... -" '\ \ \ \1 I I R I I I I I I I u o " U Q. x 00 0. on ~ '" ,. 'D ~ V> I on '" on on o ./ ,.., o :::> 0. ./ on 0> on on o o N ./ "-; SILVER STRAND III PARTNERSHIP 8 I LDW RESIDENTIAL JOHNS III ENGINEERING 2350 STANFORD COURT NAPLES, flORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. #642 &: LB. 1642 EXHIBIT 2 I HIGH RESIDENTIAL 10 lYPE "A" BUFFER ~ Agenda Item No. 17E February 27, 2007 Page 53 of 128 LAND USE KEY RESIDENTIAL (R) -Single Family, Attached or Detached -Two Family . Zero Lot Line -Duplex .Multilamlly -Common Araa -Open Space -Waler Management Areas -Tot Lot Recreation Area o 125' 250' 500' , , SCALE: 1" = 500' ~ o PRESERVE AREA D WATER MANAGEMENT AREA - RPUD BOUNDARY COLLIER LAND HOLDINGS, L TO e PRESERVE CDC LAND INVESTMENTS, INC. e - - - RIGHT -DF.WAY @ ADJACENT ZONING CLASSIFICATION I LUC I AOJACENTLAND USE CLASSIFICATION PROJECT LAND USE RESIDENTIAL USE AREA LAKE PRESERVE' ROADSIROW TOTAL NET ACREAGE 48.05 ACt 9.02 ACt 30.18 ACt 12.75 ACt 100.00 ACo< IMPERVIOUS AREA 23.50 AC.. MINIMUM OPEN SPACE(60%) 60.00 ACo< 400 UNITSI100 AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: 1. Open space shall include active and possive recreation arcns such as playgrounds, golf courses, bench fronUlge, waterways lagoons, flood plains. natUn: trails and olher similiar open spaces, inclUding IJrellS set nside for pn:servation o[native vcgeLnlion & landscaped nreas. 2. The RPUD master plnn sholl be considered conceptual in nature. 3. The total number of dwelling units is limited 10 0 maximum of 400 units, 4. The design and permitting of all improvements within the righl-of*way of Stale Rood 29 shllll be in accordance with the Florida Dcpartmenl ofTmnspOr1nlion . requirements. 5. Within the KaicDsa RPUD, a 60% minimum open spnce shall be ochic\lcd over lhe whole development. A mjnimum 25% native vegetation shull be rewined on*silc 10 include wcllllOd preserves nnd upland preserves in nccordancc wilh Collier County Land Development Code. OA MINIMUM OF 30.0 ACRES WILL BE DEUNEA TED FOR THE PURPOSE OF PRESERVE TRACTS IN THE FINAL DESIGN AND PLATTING. A MINIMUM OF 24.11 ACRES IS REOUIRED PER THE LOC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE. KAICASA RPUD MASTER PLAN DATE OCT 2006 SHEET EXHIBIT 2 UJr---co r......ON ..,....Or- N 4- ci - 0 zr---'<j' NL() E ~.O) 2roOl -::lro ro~o... ~ ..D :=:(j) (jjll.. OJ <( fJ ..J S f- m o 1i5 ~ r ~ f ~ J. J ,,~ jj; -- ~.~ >.: ,,- ~ &. lJl it ~~ ~~giZ => 2"'!&3tiJ'" :g ~ i~~~~~~ H~ ~ I ~ n IldiJ~~ ndH DO I I @rn] ~tJtUJ tJlJ ~ 8~~~ ~~ 8 ~~~-!lll ~ i: UJ ~ '" 0 ~ ~ i~ ~ :'i ~ ~ g "'.. < t; ~l:J~1 ~~ ~ a \ls~ I~ ~ a: ~ -~ ~ 0.. O::~ w-' :J . .JIIJ O~ Ow z~ 01- cr:{f) re:w ~~ ~ ~~@ z ~ :J 10:1 (L o- re:> <t --- t9 ~l. 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II: -<~ ~ g ~ :: ~ ~ ~: G~ ~.. f [I> l;J ~ ~ ~Ea~!;! 8;fjo~:& ~~~~~ ~1\s~" :tG:'~~~ t;~:~ ~~~~.. <<2.~tJ-ui L? Z I-i c::: UJ UJ :z: 1-1 L? Z UJ .-.... Agenda Item No. 17E February 27, 2007 Vanasse _f128 Daylor . ZONING TRAFFIC IMPACT STATEMENT KAICASA RESIDENTIAL DEVELOPMENT December 22,2006 SR 29 r-- Collier County, Florida Prepared For: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, Florida 34113 Prepared By: Vanasse & Daylor, LLP Job # 80876.02 r-.. 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 239.437.4636 w vanday.com Agenda Item No. 17E February 27, 2007 Page 57 of 128 Table of Contents INTRODUCTION AND SUMMARy........ ............ ....... ............ ............ ................. ....... ................ 1 PROPOSED DEVELOPMENT......................, ...... ....... ................... ...... ............ ..... ........ ........... ..... 2 EXISTING AND PROPOSED LAND USE ............................................................................................................2 AREA CONDITIONS .......... ...... ...... ........... ........ ...... ..... ........ ..... ............ ................... .................... 2 SITE ACCESSIBILITy.............................,............................................................................ .......... ....................... 2 PROJECTED TRAFFIC.... ............. ............ ..... ..................... ..... ...... ....., ....... ....................... ........... 3 TRIP GENERATION ........................................................ .......... ............... .............. ................................................3 TRIP DISTRIBUTION AND ASSIGNMENT ....,......................................................,............................................4 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES .................................................................. 5 ANALYSES ...... ...... ...... ..... ........ ..... .......... ............. .......... ................. ..... ............ ...... ...... ................. 5 CAPACITY AND LEVEL OF SERVICE ...............................................................................................................6 TURN LANE ANALYSES ..... ............................................................................................. ....................................9 IMPROVEMENTS ANALySIS...... ..... ...... .............. ............... .,. ...... ...... ......... ............... ............. 10 MITIGATION OF IMPACT............ .......... ..................... ...... ........... ...... .................... ........... ....... 10 List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Appendix Site~generated Trip Estimates Site-generated Trip Distribution Existing Traffic Volumes Projected Traffic Volumes Significance Test (PM Peak) Link LOS Analysis Results Unsignalized Intersection Capacity Analysis Results Location Map Study Area and Studied intersections Site-generated Trip Distribution Site-generated Trip Assignments Total Traffic at Site Access Kaicasa Residential Development Pagei Table of Contents Agenda Item No. 17E February 27,2007 Page 58 of 128 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Traffic Analysis Study Update for the Kaicasa Residential Development. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic- related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. The proposed Kaicasa Residential Development will consist of up to 400 duplex dwelling units of affordable housing. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the project site location. 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. The following improvements are projected to be required at the SR 29 & Site Access intersection: Southbound Left turn lane Northbound Right turn lane one lane (455 feet long) one lane (405 feet long) The site access should be operated as an unsignalized intersection. Kaicasa Residential Development I :\Projects\808\80876\ T raffic\80876 _TIS _ 002.doc Agenda Item No. 17E February 27,2007 Page 59 of 128 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Kaicasa Residential Development site is located on the east side of SR 29 immediately south of the Farmer Workers' Village approximately two (2) miles south of Main Street East in Immokalee. The proposed project will consist of up to 400 duplex dwelling units of affordable housing on a 100-acres site. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the project site location. 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 major collector roads and streets (see Exhibit 2): SR 29 SR 29 in the study area is a north-south two-lane arterial roadway under FDOT maintenance and permitting authority. The roadway alignment is fairly level and tangent. The speed limit is posted at 60 miles per hour (mph), and is an FDOT Access Management Class 4 roadway in front of the site. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier Countv ConculTency Segment Tables (October 25, 2006) and the Collier County 2005 Daily Average Traffic Counts Kaicasa Residential Development 2 I: \Projects\808\80876\ Trafflc\80876_ TIS _ 002.doc Agenda Item No. 17E February 27, 2007 Page 60 of 128 (March, 2006). Copies of the applicable data used in this study are in the Appendix. Exhibit 2 shows these links in the study area, along with the studied existing intersections and proposed site access. 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 2004 to FY 2006 timeframe, were considered to be committed improvements. These were identified in the Collier County MPO Transportation Improvement Plan Fiscal Years 2004/2005-2008/2009. Although several projects were identified on SR 29, none of these projects will add capacity to the corridor: they were all either resurfacing, landscaping, or wildlife crossing construction projects. PROJECTED TRAFFIC TRIP GENERATION Consistent with the current policy of Collier County, project trip generation was based on the recently approved Transportation Impact Fee Update Study for income-restricted single-family homes and from discussions with Don Scott, Collier County Transportation Planning. Enteling and exiting hip distributions were consistent with ITE Trip Generation, 7th Edition. The following trip generation formulas were used: Single-Family (Income-Restricted): ADT: T = 4.39(X) AM Peak Hour: T = I 5% of ADT PM Peak Hour: T = I 5% of ADT The trips generation results are shown in Table 1. Kaicasa R.esidential Development 3 1:\Projects\B08\808 76\T raffic\BO!l76 _TIS _ 002.doc Agenda Item No. 17E February 27,2007 Page 61 of 128 TABLE 1 Site-generated Trip Estimates LAND USE Size Unit ADT AM Peak Total Enter f2ill PM Peak Total Enter .Exit Single Family (Income-Restricted): Totals 400 400 DU 1.756 1,756 263 66 197 263 66 197 263 166 97 263 166 97 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project. Table 2 presents the assumed distribution. Exhibit 3 graphically presents the same data. TABLE 2 Site-generated Trip Distribution Segment From To Dist. CR 846 (lmmokalee Rd) CR 858 (Oil Well Rd) SR 29 20% N. 1st St CR 29A Main St 10% CR 29A (New Market Rd) Broward Street SR 29 35% SR 29 1-75 CR 858 5% SR 29 CR 858 Site Access 30% SR 29 Site Access CR 29A 70% SR 29 CR 29A South N 15th St 30% SR. 29 CR 29A North SR82 25% SR 29 Hendry Co Line SR. 82 10% SR 82 Lee Co Line SR 29 15% Exhibit 4 presents the proposed AM and PM Peak Hour entering and exiting traffic on the roadway links in the study area. Also, the turning movement assignments are shown at the Project Access Point on SR 29 and on other intersections in the study area. Kaicasa Residential Development 4 1:\Projects\800\80876\T raffic\80876 _TIS _ 002.doc Agenda Item No. 17E February 27, 2007 Page 62 of 128 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data for lmmokalee Road and CR 951 were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see Appendix for the Concurrency Segment Tables dated October 25, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. No growth projections were computed as directed by Collier County staff. Table 3 presents the link-specific background traffic data used in the Link Level of Service analyses discussed elsewhere. TABLE 3 Existing Traffic Volumes LOS DPKHR TRIP TOT REM AUIR ID Segment FrOn:l To CAPY Lanes STD VOL BANK Y..Q1, CAP 46 Immokalee Rd Oil Well Rd SR 29 860 2 D 220 146 366 494 58 N. 1st St New Market Rd Main St 1,000 2 D 400 16 416 584 59 New Market Rd Broward Street SR 29 1,010 2 D 430 47 477 533 82 SR 29 1-75 0\ 858 875 2 C 130 35 165 710 83 SR 29 C R 858 CR 29A (New Market) 875 2 C 460 96 556 319 84 SR 29 CR 29A South N 15th St 1.860 4 C 700 116 8!6 1,044 86 SR 29 CR 29A North SR 82 875 2 C 540 89 629 246 87 SR 29 SR 82 Hendry County Line 875 2 C 290 10 300 575 88 SR 82 SR 29 Lee County Line 875 2 C 540 84 624 251 The projected background volumes and growth rates were derived from Collier County historical data. Table 4 shows the growth rate calculation and the projected 2012 directional Peak Hour Link Volumes. Kaicasa Residential Development 5 1:\Projects\808\80B76\T raffic\80876 _TIS _ 002.doc Agenda Item No. 17E February 27,2007 Page 63 of 128 TABLE 4 Projected Traffic Volumes Source: Collier County 2005 Average Daily Traffic Sill: Rmill: Description MDT Growth MDT! 1Q.!ll ~ !me 1.Q.l2. 15. D. Ult/ 13 2012 Peak Hr Dir Vol 665 SR 29 N of farm Workers Village 9,704 9.875 0.4% 11,340 0.092 52.32 0.922 Peak SOO Off-Peak 460 S50 New Market Rd (SR 29A) S of Broward St 8.269 6.993 -4.1% 8,030 0.092 52.32 0.922 Peak 360 Off-Peak 320 I Since Collier County hi.torlcal ADT counts on both roadway> result in > neg>tiv<l growth r.te. > 2.0% positive growth rato w.s >uumed for both ro>dwoy link>. l Tn. D rOIl factor wa.I obt.ined from the 20Cl$ FOOT Traffit Inforrn.tion nearOlt continuous count station on SR 29 wuth of SR 82. I Tho T f.ttOr was obtlline<l from the 2005 FOOT Traffic Information nearest tontinuou. count $~<ion on SR 29 south of SR 1l2. ANAL YSES CA,~ACITY AND LEVEL OF SERVICE Link Analyses The directional split of new trips was applied to the site-generated traffic volumes to determine the site-generated vehicle trips assigmnent. The site-generated vehicle-trip assignments were added to the background traffic-volume networks to determine the Build-out traffic volume conditions. Link Levels of Service were evaluated for both Background and Total Traffic conditions for this phase, The Performance Standard Maximum Service Flowrates (SFmax) for the studied links were provided by the Collier County Transportation Planning Department with the Concunency Segment data. Copies of these data are contained in the Appendix. Significance Test Analyses According to Collier County Land Development Code (LDC) Section 3.15.6.4.3: "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; Kaicasa Residential Development 6 1:\Projecu\808\80876\Traffic\80876_ TIS_ 002.doc Agenda Item No. 17E February 27,2007 Page 64 of 128 2. for those roadway segments immediately adjacent 10 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: (1) 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 projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule, and the significant links were evaluated to determine whether projected operations would be within County standards. Table 5 presents the significance test results. The analyses indicate that the only significant links are SR 29 between Oil Well Road and New Market Road, and New Market Road from Broward Street to SR 29. These links will be subjected to link LOS analyses. TABLE 5 Significance Test (PM Peak) Site Site As Pct Segment Emm. To SEw,,'(' Trips of SF MAX CR 846 (Immokalee Rd) CR 858 (Oil Well Rd) SR 29 860 33 3.8% N. I st St CR 29A Main St \,000 17 1.7% CR 29A (New Market Rd) Broward Street SR 29 1,010 58 5.7% SR 29 1-75 CR 858 875 8 0.9% SR 29 CR 858 Site Access 875 50 5.7% SR 29 Site Access CR 29A 875 116 13.3% SR 29 CR 29A South N !5th St 1,860 50 2.7% SR 29 CR 29A North SR 82 875 42 4,8% SR 29 Hendry Co Line SR 82 875 17 1.9% SR 82 Lee Co Line SR 29 875 25 2.9% Table 6 presents the Link LOS analysis results for the significant links. These links are not projected to be adversely impacted by the estimated site-generated trips. Kaicasa R.esidential Development 7 1:\Projects\808\80876\ T raffic:\80876 _TIS _ 002.doc: Agenda Item No. 17E February 27, 2007 Page 65 of 128 TABLE 6 Link LOS Analysis Results Based on Concurrency Segment (October 25,2006) W/ln SF MAX? Segment from To BKGD ~ Total SF MAX BKGD I2.til CR 29A (New Market Rd) Broward Street SR 29 477 58 535 1,010 Y Y SR 29 CR 858 Site Access 165 50 215 875 Y Y SR 29 Site Access CR 29A 556 116 672 875 Y Y Based on Historical Projections for Buildout {20 12) W/ln SF MAX ? Segment From To BKGD Site :llial SF MAX BKGD Total CR 29A (New Market Rd) Broward Street SR 29 360 58 418 1,010 y y SR 29 CR 858 Site Access 500 SO 550 875 y y SR 29 Site Access CR 29A 500 116 616 875 y Y Inter~ection Analyses The foregoing determinations were based on link service levels using the AUIR performance standard service volumes. The link approach volumes were proportioned to the turning movements using the PM Peak Hour turning movement count percentages. The AM Peak Hour turning movement volumes were the reciprocal of the PM Peak Hour assignments. 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. The site access intersection was analyzed to determine the proj ected service level. UNSIGNALlZED INTERSECTION CAPAClTY ANALYSES The unsignalized intersection analyses for 2012 Buildout conditions were completed usmg SYNCHRO@ 6.0 computer modeling software, which emulates HCM 2000. The Level of Service results are presented in Table 7 for AM and PM Peak Hour Background Total Traffic conditions. The intersection is projected to maintain acceptable service levels under Total Traffic conditions as an unsignalized intersection. See the Appendix for the SYNCHRO@ 6.0 computer printouts. Kaicasa Residential Development 8 1:\Proiects\808\80876\T raffic\80876 _ TIS_ 002.doc Agenda Item No. 17E February 27,2007 Page 66 of 128 TABLE 7 Intersection Capacity Analysis Results Unsignalized Intersection Total .lQS.. ~ o 28 C 22 SR 29 & Site Access AM PM ** Denotes Unsignalized Intersection Critical Approach LOS TURN LANE ANALYSES Turn lane analyses at the site access on SR 29 were completed for project Build-out conditions. The project is proposed with one full-movement access point on SR 29. This intersection was assumed to be an unsignalized intersection. 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 neighhoring accesses and improvements, would affect the recommended access configurations, and their locations 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 accesses to neighboring accesses/intersec ti ons. The FDOT Index 301 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 65 mph design speed (the maximum on the Index) is 405 feet. Turn lane lengths of need will include this deceleration lane distance. Left Turn An~ly'sis (Westbound Approach) It is projected that, with the proposed development, approximately 46 and 116 vph will turn left into the site during the AM and PM Peak Hours respectively. The SYNCHRO queue analysis indicates that a 10 foot computed queue will occur during the PM Peak Hour. This suggests that a sufficient number of acceptable gaps are available in the northbound traffic stream to accommodate nearly all of the projected turning movements. However, some storage should be Kaicasa Residential Development 9 1:\Projects\B08\80876\T raffic\8087 6_ TIS_ 002.doc Agenda Item No. 17E February 27,2007 Page 67 of 128 provided. According to FDOT Standard Index 301 (2004) a minimum left turn lane storage length of 50 feet is recommended. The total left turn lane length of need is 455 feet (50 feet storage + 405 foot deceleration lane with 50 foot taper). Right Turn Analysis (Northbound Approach) It is projected that, with the proposed development, approximately 20 and 50 vph will turn right into the site during the AM and PM Peak Hours respectively. The SYNCHRO queue analysis indicates that no queue will occur, indicating that sufficient gaps will be available in the entering traffic stream to allow the right turning vehicles to maneuver without stopping. According to FDOT Standard Index 301 (2004), the total turn lane length of need is 405 feet, including the 50 foot departure taper. IMPROVEMENTS 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 5, 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 following improvements are projected to be required at the SR 29 & Site Access intersection: Southbound Left turn lane Northbound right turn lane one lane (455 feet long) one lane (405 feet long) The site access should be operated as an unsignalized intersection. Kaicasa Residential Development 10 1:\ProjeccsIBOB\SOB76 IT raffic\B0876 _ TIS_ 002.ooc Agenda Item No. 17E rebruary 27, 20uI Page ~ of 128 W*E S ~ S5. ~I ~I i I E MAIN ST IMMOKALEE RD (CR 846) y \ 'I -\------, OIL WELL rCR 858) I'RORcr /1-0: Vanasse __ Urb.. PIar,nil11: )..rfi( [.ginttring PRUARIli 1'Ok pJ,CE'mr..J: 80876 lanOl(apt ,'nt"""'t [n.iranmtntal S(itlm Habitat for Humanity of Kaicasa (,.il fngim"n! fl H6 Roadway Unks ACJ.tl NrJ; Daylor Collier County, Inc. B0876-[XOl 1273D Hf"\'!' Sriuur Bovlmrd. SIJ~tt 600 ! 1 r 45 Tamiami Troil [osl ~ f",~""f1mel Naples, FL 3411 J EXHIBIT 2 DF.A1Fi Ar: ~I~ ~!~~~::' ,BUll".l! St:Al& "'". RMJ N.r.S. D~ -29-05 G:\projects\808\80876\TIS\80876-EXOl.dwg, 12/21/200610:17:33 AM, KPENG.pc3 1----- ~l \ I Agenda Item No. 17E Februaryz7;'ZUOT- Page 69 of 128 .IV W*E S O"...cy c9.;:> 0) t\J r::r: ~ h CI) ~ \Q <: <: ~ ~ 10% --- 3~_._6'S~ EMAINST ~ ,,~ :g. 1----- I ) L^!MOK~LEEJiP (CR ~46) ....20t-~ SITE 20% II( ..... \ I I I 5% ;, -------1 I ' ~\ i I I OIL WELL reR 858) I J n' ,_n -'.__..,_._---_._--------_._._._.__._~ __ Urb.. PI.n.i"l !"ffK Enti_i.g rlifT'ARlD fOR: I'Ar;t vn.f.: PffJJJt.a NO: Vanasse KaiC8.sa 80876 la,dKlpt Ar(b~t(\IJlt Envi,onmmallo!1I(l Habitat for Humanity of Site Generated Trip Distribution Ciy~ Engi_j'l FL l&6 CofJler County, Inc. AC,w !to: Daylor ~-~~.~.._- 80 I:l76-[XO1 U1l0 Nr. lriaany 8001...,/, j.ltr 601 11145 Tamiomi Trail East ~ ~ lor' Ity<n, II mOl Naples, Fl 31i 113 EXHIBIT 3 DRAJN' 8Y: ,mlll\, -1IiB. t l)I,411.4601 ,m,m.m6 SCAm DAm RMJ .. ' w 'IMl4'y,((lO\ N.T.S, 04 79-05 G:\projects\800\80876\TIS\BOB76-EX01.dwg. 12/21/200610:17;57 AM, HPENG.pc3 Agenda Item No. 17E F ebruary.2T,""2DDT------, Page 70 of 128 N W*E S 1--- , <.5'.-s> 6'<2 ~" h <..?a v~ t.?0 ~ " ~ c ,..... l I B f I ~ ~I t ~~ t: "I' 1 I ,:j l ~ LEGEND XX(XX) AM(PM) PEAK '- So/' /0, 1/6) ~6) '...... I I ,/ '- 6'Sr." ~?'.1 2813; <V" ~ ~ g ~ ~ I / / / I l /MMOJSALE~_ RD (9.B 846) i \ ! ~ \ I <") , L " ' C\j: 69(34) '---- I L_! -~ 59(29) --~\ -- 2OfsoT::;:: _.~.~" "'-$> """, #\ ~ . ~ \, \~~~~\~9 '- I V ';) fiB < ~)~ SITE ,,( ~ ~ , ':::-' ';:: '{p ','. \ '~ ",~ ~ '\.~ , v.s. " '.0- , \ \ OIL WELL (CR 858) Ol ~ @ c ~ ~ ~ _J i L_ ~ ! 14(34) _-1 L 3(8) J ~ I {;) I I L_._ . -----. fY01f.Cf "'0: Vanasse -- Urn.. Pbnni'l Tr.ln, Engi"'r~g riif;1Afflb fOR: ~mlL 80876 Landscape .lJ,/1il<,I"rt E nYiron....nul ki!,,! Habitat for Humanity of Kaicasa (i,il Engi,nring n J6! Colfier County, Inc. Site Generated Trip Assignments .lCAD "D: Daylor .--~._~ 80876--01 12710 "'" irin", l,~""d, \oil< 100 1 1145 To",iomi Trail [osl .1 f.rt fill'" II JJ9ll Ncples, FL 34113 EXHiBIT 4 llRA."H B't: -- . 119.U1.I!OI .m.m.W! sellE. "AT" ell,,! ..~.<tlm WiS. 0'-25-05 G:\proJects\OO8\8087&\TIS\80876-EX01.llwg, 12/21/2006 10:18:31 AM. HPENG.pc3 1-_.._-~--~----- 'BOlter ,... 80876 .taD ...0: 80876-[XO I Il '''''N fI1, F?MJ / 'l7- v: 6Q~ '3:::-2: % Cf:<'J " '~ V __ Urban Plannin! T,,(fie Eogine,ring anasse Landscap. A.rdl..i1.'am ["'i,on..".nlll !eitnce (ivil Engin.ering fll66 D ayl 0 r :;:,3~r~: ~,i~'f~:~~;:~I;m- ~ v-- rS' llt.OWOI .1l9.4lJA616 . nlda"om "'U~R!D YOR.' Habitat for Humanity of Collier County, Inc. 11 r 45 Tomiomi Trail tQsl II sc.w;. Naples. fL 34 11 J DAm II I\. N.l.S. 12-11-06 " G:\proJecls\80S\8OB76\T1S\SOS76-EXOl.dwg, 12J22~ 10:55:14 AM, HPENG.p<:3 Agenda Item No. 17E --t=el5fuary 2 f, LUU f Page 71 of 128 N *r:f 117 I E ~,~ S J..EGEfY.Q XX(XX) AM(PM) PEAK SITE PAGE nnE: Kaicasa 2012 Total Traffic at Site Access EXHIBIT 5 Agenda Item No. HE February 27,2007 Page 72 of 128 ApPENDIX . Collier County Concurrency Segment Table, October 25, 2006 - Excerpts . Collier County 2005 Annual Update Inventory Report (AUIR) - Excerpts . Collier County 2005 Daily Average Traffic Counts, March, 2006 - Excerpts . FDOT 2005 Traffic Information - Excerpts . SYNCHRO@ 6.0 Analysis Printouts . FDOT Standard Index 30 I Appendix Kaicasa Residential Development ConcSegments_10_25_06.xIS Agenda Item No. 17E February 27, 2007 Page 73 of 128 ......".....\.. ......... .........u.........."nr...I,.".,..... ~;~'~B~~8PIWij;i~~~~* itg~&~U~~'AA.E~ ..:..r"'....':..:..,fO ....:..,".-.'. .._....,,'-'.,....' . .2()O~:> !d~~A.elfY, :tAt4E~:LQ~~TP' ... ..-.- .P.,-........ " .. ........... CR'837 '1-75 ~ ,.. :. -" .~...." .. .,",', ,...... 130' "." ~."'" '--'~"., ,,,'-. 130" ,- 81:SR 29 875' 2C 0: 745 82SR 29 '1.75 CR 858 87~: 2.C 130. 35 165 71C 83.SR 29 CR 858 CR 29A (New , 875. 2C , 450: 96: 556 31~ 84SR 29 'CR 29A South .N 15th 5t . 1860: 4C 700' 116. 816 10~ 85'SR 29 'N 15th St .CR 29A North 875: 2C , 290' 39, 329: 546 86SR 29 .CR 29A North .SR 82 875 2C i 540' 89 629: 246 87.SR 29 Hendry County Line ~SR 82 , 875. 2.C 290; 10! 300: 575 88 SR 82 'Lee County l.lne SR 29 . 875; 2:C 540 84. 624 251 89 Tamiami Trail East Four Corners ! Goodlette-Frank 3410, 6.E , 2090. 89: 2179: 1231 u ,',,- ....,....,....'..-.. ..-,-.... . -." ~.. ,-.,. . ....-.... '~.." .._.n .,,-' .........'.........." . ..... . -..." ",~","" '."-'--P ,". .... .. . ~., ... 41:1mmokalee RoadU~ 41. . ... " . ...:Airport Road 42;immokaleeR.oad ':Airport Road d-75 . 43~I~mo.~~leeR()arf 1-75 LoganBoulevarci' 441mmokalee Road 'c()liiedlouie~arcl .' :wiisonBoUlevard 45': ImmokaleeRoad . . wilson Boulevard 'bil Vilell Road 46:tmmokalee Road Oil Well Road Everglades 47' Lake Trafford Road West of SR 29 'SR 29', 48' Logan Boulevard'Vanderbilt Beach' .Pine Ridge Road 491..oganBouievil:rd Pine Rid-ge Road ....k3roen..Bouievard 'S1iLivingsfcinRoad" ,lrTiperiaISt~e~I'.... ".I~rnokal~~,Road' . 52,i.'ivirlgsli;nRoad' Immokalee Road :Vanderbilt Beach .. "s3Iiv\ngstonRoad . -'vancierbllt'l3eachPine Ridge Road . 54iivingston 'Road "Pine RidgeRoad'" GoieienGalE. 5SUvingsti;;;'Roaii' "':Gciicieii Gate'Radio Roa'd' 5S:N.1st Street 'New Market Road Main Street 59; New Markel Road .Broward Street .SR 29 61'Camp Keais .CR 858 Immokalee Road r 62:oidLJS 4'1 'Lee County Lirie'US'41 [ . 63Sea9ate{)ri~e'.":CraYionRoad.. ":US41 1 . 64:fiine Ridge Road'US 41' ...... GOOdleiie':Frankm i ':~-~i;:~;;;~~i.~t~~, "~~:;~:~::~nk'u, ""~~~tX~~t:t r 67 Pine Ridge Road Aiiport Road.... ..... 'j:75H 1'6s'PirieRidg'e'Road 1-75 'l09anBOlJIElvard . 1 "69RadioRoad -P~AirportRoad' .,qvi~gston'~oad. I' . 70 Ra'Cii::;Rc)ad iJvi;'gston~()acl'Santa Barbara I . . 71 Radio Road Santa Barbara . bavis BOlJievard 1 72 RaltlesnakeH us 41 EastCtUrlcmagne . I 73Raltiesnakechariemagne. ' COlJnlyBarn Road' I 74 Ratilesnake . ... CouniyBarnRoacipQiiyAven'ue I ....7s'Ratilesnake ;Poliy Avenue P'C;oiiierBoulevard I"'" ... 7-6:santa Barbarai:;'reenuSoulevarii"'Golden'Gate I'''' 77 Santa Barbara Goiden 'Gale . Radio Road I P78 Santa-Barbara' Rad~Road ... PDavis BOlJlevarej I '80,SRP29 us 41 CR 837 I I' I jU I L I I I I I r I . I 1 1 I I r,' H [ , pa~is~?_ul~:,ard . Airport Road --,..-.-... ,'. . ..... . , Rattlesnake , '; Tria;;~i'e BouleVard"" coi,ierBOlJ'ievard .'" "san'Marco Drive SR 29 .-. ~ --"... ".. '-. . -- .-....--_... ",.,.. 'D3de,C?Unty Line. ..' :"':".ig9.ins~~ss~~ad ' ; lmmokalee Road :Vanderbiii Beach 90;Tamiaml Trail East 'Goodlette-Frank . 91'Tamiann'raii Easibav;'s Boulevard 92 Ta-mliiini'TraiIEasl . 'Airport Rood' ". ,93"! ~~i.~~ Trail,EaS,t,R'iiitiesnake 941Tamiami Trail East .tr'iangleBolJje~ard' 95 Tamiami'Tr;lil East . '. CoilierS'OlJlevard 96 famiamiTraW East iSan Marco Drive '97;Ta'miami Trail Easi 'SR 29 .. . 98, 1'.:i'miami 'Trail NOr1ti Lee County Lil1E! ." '" . 99iTamiami TraiiNorth ~WigginsPass Road 100'TaniiamiTrail North ;Immokalee Road 3030 6E '" 2000 561 2561\ 4691 . 329if 6E(''' 2290' .6~?L. 29B7;' 3631 43!0, 6E'" "d,~13~,:. 1501; 3631' 7391 3790\ 6E."L, 1100; 697: 1791' di99S1 3670' 6[:' 12W 593: 1873 '1797 860 20 220' 146' 366. 494 875 2D 33~;._ 7 337" 538 990 2 D , ""'_" 4.~O 12T 55i....~'.~~ 331 ., __~, ~~~~',-'~"::'~' ~~""~..,~;::'~~::::=:~..~~~, . "e" "~~~: 1~~~:.. ,. '2~~:1 3890: 6'E 1000; ':,-=~1C:'-166r'" 2829[ i.. . ,,3?9.0;"-'6E ',....'1000'.,. 381\ 1381; 25091 4000. 6E .......'..'.'1'370."'" ""'sOi] 1872)" "-21281 4006 . 6E' "1'2'66 223: 1483;" . . --2517 1000 2.0 .' 400. 16 416 584 1010, 20 ' 430: 47; 477' 533 860: 2'0 130: 203; 333: 527 1oio 2D U 786,. 70;.. 850"""1601 ;i~_~;,'~',::" ": ~ . . ...~~~::.':.~~::;~~~'-:'::.,..':~.i~;u:':~:'~~;.:~:',:-4~~\ 3300; 6E 2760i '. . 365~ 3125:'. 1751 ,.~~~~': ~,~"::'~,~~~L:::~':"}~~l:, ,:J~~':'-- "":,~r:\ 3790, .,,6E, d"'''''' ., 2190,,___w 230, . 2420 .. 13701 2180. 4'0 1300,' 290!"'- --1590; ".. 5901 2120i''''40156.o.1!7j' ''''''173731i'sl '.'. ~'~~6" .....:'~. , . ".. .....;~:~~::'.... ,,,.,~~~t':':3~j~1":J~~1 1940. 40 1010: 127;1137'. 8031 .. ~~~',:~ i' ~~~. ;~~:":~j' :~~~l '1ii3C{---", . ~,~':--:-,::r:'. "'::136o.:'i?1r '--,15~f--: ..:-,3991 3070; . ..,....:.5~():. ~5~.,_,:,88.3..1 ~871 ... ....2790. 6E".970: 536, 1506:12841 875 2C'130: 0:1'30' 7451 8' E 3500: 206: 3706 d 6 E 1970: 373;2343 6iE .. 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I I -' I I , ::: i , " , I , I E I , , Collier County Average Daily Traffic (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. 17E February 27, 2007 Page 77 of 128 [ Sta. A' T' Location I 20D1 2002 2003 2004 2005 Change ADT ADT ADT ADT ADT 04-05 6'13 H Q 111lh Ave North east of Vanderbilt Dr (CR 901) I 8,347 8,493 8,383 9,292 0 585 H Q 111th Ave North west of Vanderbilt Dr (CR 901) 5,437 4,593 4,774 5,500 0 665 A 29 (SR north of Farm Worker's Villaae I 9,704 9.919 9.940 10.131 9.875 -2.53% j 591 A 29(SR north of SR 82 7.090 7.601 7,540 8.117 8,335 2.69% 615 A 29 (SR north of US 41 (SR 901 (TamiamiTrail E.) 3.025 3.072 3,198 2,591 2.620 1.12% 582 A 29 (SR south of US 41 (SR 90) 4.116 3.940 3.679 3.419 3.177 -7.08% 661 A 82(SR west of SR 29 9,632 11,624 11,144 11,225 11,531 2.73% 619 Q 846 (Devil's Garden Rd) east of SR 29 3.502 4,242 3,317 3,269 2.853 -12.72% 553 H Q Airport Rd (CR 31, north of Davis Blvd (SR 84) 47.224 45.883 47,870 50,029 0 501 C Q Airport Rd (CR 31) north of Golden Gate Pkwy. (CR 886) 50.825 50,748 43,412 42,784 0 693 Q Airport Rd (CR 31) north of North Road 52,148 55,416 53,860 54,560 1,30% 599 Q Airport Rd (CR 31) north of Oranae Blossom Dr 48,731 45,664 48.896 46,144 39,444 -14,52% 503 H Q Airport Rd (CR 31) north of Pine Ridqe Rd (CR 896) 46.610 44,288 49,634 46,179 0 543 H Q Airoort Rd (CR 31) north of US 41 (SR 45) (Tamiami Trail) 27,978 27.572 27,919 29,607 0 659 Q Airport Rd (CR 31) north of Vanderbilt Beach Ext (CR 862) 36,183 34.986 35,742 36,331 31.088 -14.43% 552 Q Airoort Rd (CR 31) south of Davis Blvd (SR 84) 37,914 36.031 37,000 37,895 36,943 -2.51% 533 C Q Airport Rd (CR 31) south of Golden Gale Pkwv (CR 886) 58.426 55,412 50.809 53,637 0 554 H Q Airport Rd (CR 31) south of Immokalee Rd (CR 846) 32,588 31.899 32,518 33,601 0 502 H Q Airport Rd (CR 31) south of Pine Ridge Rd (CR 896) 51,231 49.877 46,331 46.970 0 521 Q Bayshore Dr north of Week Ave 16,626 16,352 15.377 14,636 14.271 -2.49% 626 A Camp Keais Rd south of lmmokalee Rd(c~..a.46) 2,240 3,089 3,267 3,027 3,854 27.32% 660 A Capri Blvd west of Collier Blvd (SR 951) 4,652 5,135 4,250 4,276 4,780 11.79% 610 Q Carson Rd north of Lake Trafford Rd fCR 890) 5,688 5,656 5,703 5,927 5.472 -7.68% 618 A ChokoJoskee Causewav south of Plantaiion Parkway 2,354 2.173 2,209 2.172 2,075 -4.47% 573 Q Collier Blvd (CR 951) north of Davis Blvd (SR 84) 45,100 45.475 46,582 53.866 56,180 4.30% 584 H Q Collier Blvd fCR 951) north of Golden Gate Blvd 16,827 18,042 18,538 18,518 0 525 Q Collier Blvd (CR 951) north of Golden Gate Pkwv (CR 886) 25,945 26,518 27,409 29.570 31,943 8,03% 536 Q Collier Blvd (CR 951) north of Pine Ridoe Rd fCR 896) 28,007 31,031 33,549 35,421 37,304 5.32% 602 Q Collier Blvd (CR 951) north of Rattlesnake Ham Rd (CR 864) 29,939 30.288 31,626 33,926 38,709 14.10% 532 Q Collier Blvd (CR 951) north of US 41 {SR 90) (Tamiami Trail~ 21,077 22.828 23,920 21.918 23,061 5.22% 607 Q Collier Blvd (CR 951) south of Golden Gate PkWY(CR B86} 28.115 22.415 23,232 25,815 29,160 12.96% 655 Q Collier Blvd (CR 951) south of Immokalee Rd (CR 846) 14,149 19.125 19.484 21.796 21,792 -0.02% 657 Q Collier Blvd (CR 951) south of Lelv Cultural Blvd 25,349 25,016 26,284 29.365 . '32,477 10.60% 603 Q Collier Blvd (CR 951) south of RaHlesnake Ham Rd (CR 864) 26.583 27.713 27,928 31,462 34,013 8.11% 557 H Q Comer Bivd (CR 951) south of US 41 (SR 90) (Tamiami Trail) 33,422 34.288 34,132 35,556 0 627 Q Collier Blvd (SR 951) south of Capri Blvd (CR 952) 25.399 26,386 26,178 27.814 28,598 2.82% 520 Q County Barn Rd north of Ratllesnake Ham Rd {CR B64) (Co"nty Facility 10,968 11.266 11,354 11,474 9,679 .15.64% Road Maintenance Facility moved 10 Davis Blvd.) 641 A County Barn Rd south of CC R&B Facilitv 17.1061 14,954 15,005 0 13,777 519 Q County Barn Rd south of Davis Blvd (SR 84) 13,775 13,863 14,124 13,837 13,256 -4.20% 559 Q Davis Blvd (SR 84) east of Airport f.3.~!31..!l. 30,590 31,084 30,183 30,798 32,083 4.17% 558 Q Davis Blvd (SR 84) west of Airoort Rd (CR 31) 33,665 33,104132,686 33,942 36,444 7.37% 601 C Q Davis Blvd (SR 84) west of Collier Blvd (eR (51) 22.830 22,726122,920 25,969 0 560 Q Davis Blvd (SR 84) west of Radio Rd (CR 856) 13,747 14,122 14,200 14,965 16,475 10.09% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31,917 31,000 30.789 32,561 34,781 6,82% 638 A Desoto Blvd north of Golden Gale Blvd (CR 876} 846 1,180 1.365 1.585 2.254 42.21% 639 A Desoto Blvd south of Golden Gate Blvd (CR 876' 1.854 1.139 1.522 2,039 2,324 13.98% 636 S Everolades Blvd north of Golden Gate Blvd (CR 876) 3.576 4,448 5.817 6,520 8,108 24.36%, 635 S EverQlades Blvd north of Oil Well Rd ~CR 858) 2,585 3,105 3,974 5,328 6.491 21.83% 637 S Everalades Blvd south of Golden Gate Blvd (CR 876) 3,649, 4,294 4,946 5,672 5,878 3.63% 549 Q First 5t south (CR 84{;) south of Main Sl (SR 29) 11,9431 12,855 12.945 12,866 13,782 7.12% 531 H Cl Golden Gate Blvd (CR 876) east of Collier Blvd (CR 951) 20,156 20,307 25,368 27,606 0 652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,175 12.474 15,801 17,190 19,665 14.40% 678 Q Golden Gale Blvd (GR 876) west of Wilson Blvd 14,566 16,805 20.667 23,255 27,340 17.57% 508 C Q Golden Gate Pkwv feR 886) easl of Airport Rd (CR 31) 30,027 30,335 28,877 29,836 0 691 C/H Q Golden Gate Pkwv (CR 886) east of Livinaston Road (CR 8M) 31,140 28,860 0 0 605 Q Golden Gate Pkwv (CR 886) east of Santa Barbara Blvd 29,870 30,785 31.042 29.124 29,669 1.87% 507 Q Golden Gate Pkwv (CR 886) wesl of Airport Rd (CR 31) 45,172 44,288 44,592 45,594 44,751 -1.85% 510 Q Golden Gate Pkwy (CR 886\ west of Collier Blvd (CR 951) 18,377 18.467 18,640 19,145 20,501 7.09% 530 Q Golden Gate Pkwv (CR 866) west of Goodlelle Rd (CR 851) 22,441 22.112 23,119 21,677 21,942 1.22% Pages 3-7 of 14 March, 2006] Collier Count)' Average Daily Traffic (ADT) Counts (J'ive Year History Listed Alphllbct.ically) Agenda Item No. 17E February 27, 2007 Page 78 of 128 Sta. A. r- Location 2001 2002 2003 2004 2005 Change ADT ADT ADT ADT ADT 04.05 509 C Q Golden Gate Pkwv (eR 886) west of Santa Barbara Blvd 39,391 31,604 29,194 0 0 505 H Q Goodlelte Rd (CR 851) north of 22nd Ave north 36,724 35,368 33,093 31,414 0 595 Q Goodlelte Rd (eR 8511 north of OranQe Blossom Dr 22,349 20,522 0 0 17 ,302 581 C Q Goodlette Rd (CR 851} north of Pine Ridqe Rd (CR 896) 25,207 22,055 0 0 0 569 Q Goodlelte Rd (CR 851) south of First Ave south 28,989 27,776 28,824 29,084 29,288 0.70% 504 Q Goodlette Rd (CR e5n south of Golden Gale Pkwy (CR 886) 38,707 37.364 37,720 38,243 36,207 -5.32% 594 Q Goodlette RdlCR 851} south of Immokalee Rd (CR 846) 17,368 15,348 12.311 11.806 12,987 10.00% 596 Q Goodlette Rd {CR B51) south of Orange Blossom Dr 24,426 20,193 0 0 21,284 506 Q Goodlette Rd {CR 851) south of Pine Ridqe Rd (CR 896) 35,934 33.746 31,450 29,681 31,521 6.20% 642 Q Green Blvd east of Santa Barbara Blvd 12,153 13,100 13,862 14.261 14.214 -0.33% 643 Q Green Blvd west of Collier Blvd (CR 951) 6.946 7,833 7.893 8,582 8.749 1.95% 583 A Gulfshore Dr south of Bavview Dr 6,543 5.961 5.545 5,723 7,245 26.59% 675 C Q Immokalee Rd (846) east of Wilson Blvd 17,913 21,482 23.577 25,970 0 625 Q Immokalee Rd (CR 846) east of Goodlette Rd [CR 8511 37,278 38.702 40,590 45,385 46,620 2.72% 567 C Q Immokalee Rd fCR 846) east of Airpor. Rd (CR 31) 30,591 39,031 44,916 46,051 0 593 C Q Immokalee Rd fCR 846) east of Collier Blvd (CR 951) 19,799 22. 138 24.231 23,363 0 568 Q Immokalee Rd (CR 846) east of 1-75 iSR 93} 33.077 34.565 38,579 42.933 45,488 5.95% 566 H Q Immokalee Rd (CR 846) eilst of US 41 (SR 45) (Tamiam' Tr<JiQ 40,344 37,742 38.985 42,086 0 620 Q Immokalee Rd (CR 846) north of Stockade Rd 8,529 8.848 8.685 8,217 8,422 249% 586 H Q Immokalee Rd (CR B46) south of Oil Well Rd (CR 858) 12.504 14,950 16,537 16,485 0 565 Q Immokalee Rd (CR 846) west of US 41 (CR 45i (Tamiami Trail) 0 17,305 17,481 18,991 19,168 0.93% 656 C Q Immokalee Rd ICR 846) west of Collier Blvd (CR 951) 16,083 21,489 25,787 27,431 0 672 10 Immokalee Road(846) 2 miles east of Everolades Blvd. 5,125 4,733 4,806 5,661 17.78% 684 H 0 Immokalee Road (CR 846 East) 3 miles easl of 29 South New Co 1,382 1,434 0 679 C Q Immokalee Road (CR 846) wesl of j.75 (SR 93) New Co 39.775 45.345 0 674 C Q Immokalee Road (CR 846) west of Wilson Bivd 17,900 20,460 21,380 21,277 0 677 C Q Immokalee Road East of Everolades Blvd 5,086 5,224 5,205 0 671 Q Irnmokalee Road soulh of Corkscrew Sanctuary Road 5.492 6,033 5,348 7.193 34.51% 631 --. Q J & C Blvd west of Airoort Rd (CR 31) 12,157 12,040111,946) 12,131 12.110 -0.17% 614 A Jane's Scenic Dr west of SR 29 902 1,0111 998i 705 655 -7.09% 609 Q Lake Trafford Rd fCR 590) west of Carson Rd 6,759 6.5471 6.6791 6.320 5.887 -6.85% 551 Q Lake Trafford Rd (CR e90) west of North 15th St (SR 29) 12.265 12,004 12,2801 12,337 12,435 0.79% 690 C Q Livinoston Rd fCR 881) 1.5 m north of Golden Gate Pkwy (CR 886; 5.192 20,947 29.759 01 I 574 Q Livinoston Rd (eR 881) north of Mediterra 11.281 15.086 33.72% 575 C Q LivinQston Rd (CR 861) north of Pine Ridf)e Rd (CR 896) 16,409 Oi 597 C Q LivinHston Rd fCR 881) south of Immokalee Rc (CR 846) O! 576 C Q Livin~ston Rd (CR 881) south of Vanderbilt Beach Rd (CR 862) 13,935 01 673 Q Livinoslon Road (eR 881) north of Immokalee Road feR 846) 3,230 2.840 16,344 19,0901 16.80% 686 0 Livin9ston Road (CR 881) north of Radio Road (CR 856\ 12.136 16,466 19.083 22,934 20.18% 687 Q Livinqston Road (CR 881) south of Golden Gate Pkvl'( fCR 855) 14.578 23,314 27,696 33,209 19.91% 587.H 0 Logan Blvd north of Pine RidQe Rd (CR 896) 11.358 13.147 11.683 10,094 01 --- 588 Q Loaan Blvd south of PlOe Ridoe Rd iCR 896) 31,182 34,207 29.278 29,5231 29.925! 1.36% 654 Q Loqan Blvd south of Vanderbilt Beach EXt,(CR 862i 9.370 10,984 9,682 8,147 8,0371 -1.35% -- 664 Q Main 5t (SR 29) wesl 01 South 1st SI iCR 84G) 13,351 12,944 13.451 13,627 14.327 5.14% 723 S Manatee Rd east of Collier Blvd (CR 951) 4,588 4,802 ':,310 4,786 4.661 ...2.61 C}~ 612 Q New Market Rd ISR 29A) east of North 15th S~ ISR 29) 7.8751 7,763 8.137 8,633 8.384 -2.88% I 550 Q New Market Rd iSR 29A) south of Broward 51 8.269 7,968 7.576 8.405 6.993 -16.80% ! 653 Q North 15th SI (SR 29) north of Lake Trafford Rd (eR 890) 10,368 10,087 11,085 11.565 12,265 6.06% 683 H Q North 15th Sl (SR 2>') south of Lake Trafford Rd (CR 890) 16,965 1?!_~69 ...:1.1.574 16,525 0 590 0 North 1st 5t north of Main 51 (SR 29) 8,133 7.408 7.304 7,977 8,551 7.20% 692 Q North Road west of Airport Road (CR 31) 2.857 2.474 2,916 3,056 4.80% 645 Q Oakes Blvd north of Vanderbilt Beach Rd (CR 862) 11,537 11.822 12,803 13,920 11 ,401 .18.10% 682 Q Oakes Blvd south of Immokalee Rd (CR 846) 10,954 11.241 11,598 11 ,953 9,765 -18.30% 725 S Oil Well Rd (CR 858) east of Big Cypress Elem Sch I 4.246 5,340 6.692 6,119 6.788 10.93% 649 C/H Q Oil Well RdceR 8585) east of Irnmokalee Rd (CR 846) 0 547 Q Old US 41 (CR 887) at Lee Countv Line 12.553 14,750 14,933 16,312 16,490 1.09% 647 Q Oranae Blossom Dr east of Timberline Dr $,287 9,348 9,074 9,646 10,876 12.75% 526 Q Pine RidQe Rd (eR 896) east of Airport Rd (CR 31) 53.113 51,966 51,986 53,913 55.097 2.19% 514 C Q Pine Ridqe Rd (CR 896) east of Goodlette Rd (CR 851) 53,993 50,035; 50,867 0 0 628 Q Pine RioQe Rd (CR 896) east of livinGston Rd (CR 881) 47,494 64,248 35.28% Pages 3-7 of 14 March, 2006J Agenda Item No. 17E February 27,2007 Page 79 of 128 Florida Department of Transportation Transportation Statistics Office 2005 vehicle Class History Data County, 03 .. ,- COLLIER Site: 0143 Description: SR 29,0.4 MI S OF SR-82,IMMOKALEE,COLLIER CO. Passenger Single Unit Combination Mt.:lti Trailer Vehicles Total Trucks Trucks Trailer Trucks Trucks Year AADT %l Volume %2 Volume '1:3 volume %4 Volume %5 Volume ..----_.--~ ________u_ .. -----.... ---- ------..---- --------...----- .----------- r 2005 14332 86.17 12,350 13.83 1,982 7.84 1,:"24 5.97 85G 0.02 3 2004 13336 85.99 11,468 14.01 1,868 7.45 993 6.51 868 0.05 7 2003 12435 88.81 11,044 11.19 1,391 6,29 783 4.90 609 0.00 0 2002 11926 91. 01 10,854 B.99 1,072 5.59 667 3.40 1l-05 0.00 0 2001 11247 94.99 10,684 5.01 563 2.80 315 2.20 248 0.00 0 2000 10524 96 .30 10,135 3.70 389 1. 10 116 2.60 273 0.00 0 1999 99B8 94.89 9,478 5.11 510 1. 30 130 3.30 330 0.50 50 1998 9179 94.40 8,665 5.60 514 1.50 138 3.60 330 0.50 46 1991 7279 0.00 0 0.00 0 0.00 0 0.00 0 o.oc 0 1990 7092 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1989 6966 0.00 0 0.00 0 0.00 0 0.00 0 O. CO 0 1988 6281 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1987 6013 0.00 0 0,00 0 0.00 0 0.00 0 0.00 0 1986 5269 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1.985 4924 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1984 4853 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1983 4888 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1982 4545 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1981 4535 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1980 47q 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1979 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1978 4880 0.00 0 0.00 0 0,00 0 0,00 0 0.00 0 1977 4375 0.00 0 0.00 0 0,00 0 0.00 0 0.00 0 1976 4285 0.00 0 0.00 0 0.00 0 o,oe 0 0.00 0 1975 3955 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 1974 3880 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 Note: 1 - Passenger Vehicles 2 - Total Trucks 3 Single Unit Trucks 4 - Combination Trailer Trucks 5 - Multi Trailer Trucks Vehicle Class 1-3. 14, 15 Vehicle Class 4-13 Vehicle Class 4-7 Vehicle Class 8-10 _ Vehicle Class 11-13 Agenda Item No. 17E Florida Department of T::-ansportation February 27, 2007 Transportation Statistics Office Page 80 of 128 200 Highest Hour Report Report Type: ALL Year 2005 COUKTY: 03 - COLLIER valid Data SITE: 0143 Hours 6120 DESCRIPTION: SR 29,0.4 MI S OF SR-82,IMMOKALEE,COLLIER CO. Days 255 LOCATION: 03080000 Mi.lepost 42.39 Weeks 38 AADT: 14332 Months 9 position .._~-----~_.. .-Counts- --~-----~~-- -----collection 11DIl I:K" Total Low Low High High Day Date Hour Factor Fa::tor Count Dir Count Dir Count =====~=~=~~================~~====================~a~~==============~=z~_======== 1 1717 S 813 l\ 904 FlU 02/11/05 18 52.65 } 1.98 2 1666 S 627 N 1039 F'RI OS/20/05 18 62.36 11.62 3 1617 S 673 N 944 FR.I 02/16/05 18 58.38 11.28 4 1594 S 734 N 860 ~)ED 02/23105 18 53.95 11.:2 5 1570 S 769 N 801 FRI 03/04/05 IS 51.02 10.95 6 1569 S 712 N 857 FRI 02/18/05 17 54.62 10.95 7 1569 S 692 N 877 THU 02/24/05 18 55.90 10.95 8 1564 S 735 N 829 FRI 02/11/05 17 53.01 10.91 9 1561 N 764 S 797 FRI 01/28/05 18 51.06 10.89 10 1530 S 705 N a.25 THU 02/:7/05 18 53.92 10.68 11 1526 S 760 N 766 THU 02/03/05 18 50.20 10.65 12 1523 S 672 N 851 TUE 02/22/05 18 55.88 10.63 ::'3 1509 S 732 N 777 FlU 03/04/05 17 51.49 10.53 14 1503 S 721 N n2 FRI 02/04/05 18 52.03 10.49 15 1503 S 733 N 770 FRI 03/11/05 18 51.23 10.49 16 1502 S 677 N 825 FRI 03/18/05 18 54.93 10.48 17 1500 N 746 S 754 FRI 01/07/05 18 50.27 10.47 18 1496 S 705 N 791 ';lE;) 02/16/05 18 52.87 10.44 19 1491 N 728 S 70 FRI 04/29/05 18 51.]7 10.40 20 1490 S 683 N 807 TUE 0:</15/035 IS 54.16 10.40 21 1482 S 707 N 775 ~10N 02/21/05 IS 5:J.29 10.34 22 1482 N 717 S 765 FPI OS/27/05 18 5:.62 10.34 23 14 80 S 710 N 770 FRI OS/20/05 17 52.03 10.33 24 1479 S 730 N 749 FlU 04/08/05 18 50.64 :0.32 25 1476 S 695 N 7Bl FRI 01/21/05 18 52.91 10.30 26 1476 S 695 N 781 !olED 02/02/05 18 52.91 10.30 27 1474 S 646 N 828 THU 03/03/05 18 56.17 10.28 28 1461 S 679 N 788 ~10N 02/14/05 18 53.72 10.24 29 1467 S 731 N 736 FRI 04/15/05 18 50.17 10.24 30 1460 N 702 S 758 FRI 04./22/05 18 51 .92 10.19 31 1459 S 704 N 755 \\1 ED 02/09/05 18 51.75 10.1B 32 1458 S 620 N BJ8 TUE 03/01/05 ] 8 57.48 lO.17 33 1458 S 716 N 742 FRI 05/13/05 18 50.89 10.17 34 1444 S 657 N' 787 ~HU C'1/20/05 18 54.S0 10.08 35 1443 S 690 lJ 753 THI.! 01/27/05 18 52.J8 10.07 36 1441 S 651 N 790 fRI 01/14/05 Je 54.82 10. ':)5 37 :439 N 715 S 724 .IED 03/23/05 18 SO.3} 10.01 38 1435 S 651 N 784 MON 01/31/05 :.5 54.63 10.0: 39 143~ S 647 N 787 WJN 02/07/05 18 54.88 10.01 40 1432 N 709 S 7~' THU 05/12/05 18 50. <:" 9.99 .,~ ---~~~~----------------------~-----------------------------------~-------------- ---------------------------~-~~-----------------------------_.~------------------ Decign Hour Data Design Design ~ KIf 53.01% 10.19% [Average of 28th 32nd hour) 30-Jan-2006 ::'3:43:06 Page 1 of 2 270U?D [1,0,0,1) 1_03014 3_HI200. TXT COUNTY: SITE: DESCRIPTION: LOCATION: MDT: Florida Department of Transportation Transportation Statistics Office 200 Highest Hour Report - Report Type: ALL Year 2005 03 - COLLIER 0143 SR 29,0.4 MI S OF 03080000 Milepost 14332 SR-82,IMMOKALEE,COLLIER CO. 42.39 position ------------Counts------------- Total LOW Low High High Count Dir Count Dir Count Valid Hours Days Weeks Months Data 6120 255 38 9 -Collection----- "D" 'K" Day Date Hour Factor Factor =======~~~~~~===============~~ow.=~==================~~~~~M==================~~~ 45 50 55 60 65 70 75 80 85 90 95 L. 100 105 110 115 120 125 130 135 140 145 150 155 160 165 170 175 180 185 190 195 200 1426 1415 1410 1408 13 97 1392 1385 1380 1374 1367 1359 1357 1351 1347 1346 1339 1328 1325 1317 1310 1302 1297 1294 1291 1289 1284 1278 1276 1272 1269 1266 1259 S N S S S S S S S N S S S S S N N S 641 646 661 680 656 674 643 674 638 636 644 647 657 666 646 644 557 654 621 533 576 637 641 586 627 641 567 636 632 618 614 619 N S N N N N N N N S N N N N N S S N N S S N N S S S N N N S S N 785 769 749 728 741 718 742 706 736 731 715 710 694 681 700 695 771 671 696 777 726 660 653 705 662 643 711 640 640 651 652 640 TUE FRI WED MON WED WED TUB MOl' THU FRT TUE PRI MON TUB THU FRI FRI THU WED FRI FRI WED FRI FRT WED TUE FRI MON TUE MON WED WED 03/15/05 OS/27/05 03/30/05 04/04/05 01/19/05 01/26/05 04/19/05 01/03/05 04/07/05 01/21/05 03/22/05 03/11/05 04/11/05 01/18/05 OS/26/05 01/07/05 02/18/05 05/19/05 05/04/05 05/13/05 04/15/05 05/18/05 01/07/05 04/22/05 OS/25/05 04/26/05 02/25/05 01/10/05 01/25/05 05/16/05 03/02/05 06108/05 18 17 18 18 18 18 18 18 18 17 18 17 18 17 17 17 20 17 18 19 19 17 19 19 18 17 16 1'1 17 17 19 IS 55,05 54.35 53.12 51.70 53.04 51.58 53.57 51.16 53.57 53.47 52.61 52.32 51.37 50.56 52.01 51.90 58.06 50.64 52.85 59.31 55.76 50.89 50.46 54.61 51.36 50.08 55.63 SC.16 50.31 51.30 51.50 50.83 9.95 9.87 9.84 9.82 9.75 9.71 9.66 9.63 9.59 9.54 9.48 9.47 J 9.43 9.40 9.39 9.34 9.27 9.25 9.19 9. 14 9.08 9.05 9.03 9.01 8.99 8.96 8.92 8.90 8.88 8.85 8.83 8.78 ==================~~~~~=~===:======:=============~~~=~~~====~==========:~==~"~~; Design Hour Data Design "D" Design "K' 5 N N S S N N N S S S N N S 53.01~ IAverage of 28th.32nd hour) 10.19% 30-Jan-2006 13:43;06 Page 2 of 2 Agenda Item No. 17E February 27, 2007 Page 81 of 128 270~PD [l,O,O,IJ 1_0~0143_HI200.TXT I: Site Access & SR 29 HeM Unsi2nalized Intersection Caoacity Analysis Agenda Item No. 17E February 27, 2007 Timing Plan: ~MEpR2"'Pbta18 Shared Exit Lane .f '- t ,. \.. + Md~.~ffi~Wt!M!W;Z;i#~~{~f Lane Confl~urations SignContl'ol Grade Volume (veh/h). Peak Hour Factor Hourly flow rate {vph) Pedestrians Lane Width (ft) Walkin,g Speed (ftls) P~rcentBloclci:ge .' Right turn flare (veh) Median type Median stora,ge veh) Upstream' signal (ft) pX, platoon unblocked vC; conflicting volume vC I, sta~e I conf vol vC2. stage 2 conf vol vCu, unblocked vol tC,single(s) tc:, 2stage (5) ~~) 35 33. pO queue free % 69 72 cM capaclt{(veh/h) 210539 Dlfg~ti8fiWt~K~Ciir;!iili!y?:V'S}~:s'!iriW:B'Hf~;;nfNg0'V>'::;'RiB~'!ld Volume Total 214 54322 Volume Left 64 0 0 Volume Right 150 () 22 cSH 367 1700 1700 VolunletoCapacity 0.58 0.32 0.0 I Queue Length (ft) 89.. 0 0 Control Delay (5) 27.7' 0.0 0.0 ~~r~~~Delay(S) r:::J\0.0 Approach LOS ~ I;;ig?;'&t~b~isJinrrii&7;Z'i:~';;(," ..~ n" Average Delay Intersectlon CapadlY Utilization Analys'ls Period (min) .ttf;;,~),!10::;twBEX;;j V StOp 0% 59 0.92 64 WBR;:':: {Ngm:):P"NBR';:t>;\;fi'SBL;:;Wi:;!8;SaTM:;:';;!j~(i;~mi!n~'ji!;'j;;'~fJ",~~?;T;?YtJ;i;YJt~;f:f\i!};M;Ti'fW{iii:r;;f[,~;::f:t:ittYfN;j t 7' '1'i t Free Free 0% 0% 500 20 46 460 0.92 0.92 0.92 0.92 543 21 . SO 500 138 0.92 ....150 1143 543 1143 6.4 543 6.2 565 4.1 ',,,,seT:? so 50 o 1007 0.05 4 B.8 A 0.8 2.2 95 1007 ':~:?sB;;i2~:)7~:~:~,~~{{~~t{:)~~!~.~;,;::~.~/, ., -~ - r~::'7/.~ :-'0~'"-~>~:-);' ~I~_~j;: -~..~ ;~ ~ :;;,- ;:~, -,::: ~:..~, z -' ~,~ . 500 o o 1700 0.29 o 0.0 .'; ..,~,. , .'~ -,- ','. '"-,"",,,"~'~-'7.". .".!t<:~.};:,., ," ': ;', ;: :,~:_~- '::":'~':':;.' ':.'..':...i,.,.........;-:>: "<.> '," ':.~:..::.!.'.:;....; ";,'" ::;~} :_tC :,,~~~_:};~ ".-:, "':'~~:':';":!r' ..<.\:;:.l~..h."..~~.:-,., :"}:~ ~x:.',:\; 'r:'::::/:;\~.;~:~: 4,8 51.4% 15 ICU Level of Service 80876 - Kaicasa TIS Vanasse & Daylor. LLP SYNCHRO 6.0 Report Page I J:\Projects\808\80876 \T raffic\SYNCHRO\80876 AM PK TotaL Updated.sy 7 71 ~ .,. I=ree 0% 50 116500 0.92 0.92 0.92 54 .126543 I : Site Access & SR 29 HCM Unsi2'nalized Intersection CaDacitv Analysis Lane Confj~urations SignContr61i Grade Volume {vehih)...... . Peak Hour Factor ..... Hourly fl6w rate (vph) . Pedestrians Lane Width (ft) Walking Speed (ftls) Percent BlOCkage Right turn flare (veh) Median type Median storage. veh) U p~treamsigilai{ft) pX. platoon unblocked vC,: conflicting volullle:. vC I, stage I conf vol vC2,stage2conf vol vCu, unblocked vol tC,single (s) . . tC, 2 stage (s) tF(s) pO Queue free % eM cap;kity(veh/l1) .f '- t 'tyt .,. Stop .' Free 0% 0% 29 '68 460 . 0.92 0.92 0.92 32 74 .500 ~ Agenda Item No. 17E February 27, 2007 Timing Plan: mepft3-pb~8 Shared Exit Lane '. + 1296 500 <6.4 6;2 3.5 3.3 2.2 80 87 88 157 571' rOl6 . Volume Total . ....105500 126 Volume Left 32 0 126 Volume Right '74 00 cSH 3 I 9 1700 I 0 16 Volume to Capacity 0.330.29 0.12 Queue Length (ft) 35 0 II ControLDelay (s): 21.80.09.0 . ~~~~~6~Y(') ~ 0.0 ... . . I ~ Average Delay 2.6 Intersection Capacity Utilization 46.4 %., Analysis Period (min) 15 5.43 o o 1700 0.32.. o .'0.0. . 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S J: S .. ! 1'; ~~~ l~! ... ,,- _ h~ ~~. i:> ~ lo.. ~~! ~ !~ !"'.~ H~ ~~.. $ rr ll;!~ ,,~ h ~"' ~t ...:i ~~ 't ~~ . o ;: ~ ~ ~ o . . w ~ S o < o i o ~ ... o w " ~ ~ j ~ ~ :;! ~i 0 ~ ~ ~ l~ : . B I~ ; . lll~ ; .1: t 1 i i o 1;."0 ~ j ~ ~~ v 1 ~~ ! '" t:~ ~ ':: ",l! ~" ~ j .!; ~ ~ '0 ...., ~ ::: 2.e <to. 6> ~ .. ,. t" ~~ c;;: <'l < ~ s" "" ~ !i .~ H ~ . ~ {" "E ~ ~~~i ~Eii1; '" i;<>F~3;~.~ ~~8l~~~ti? .h-]~'~~ ~:~~~~~~~ f3 ~ ~ ~ .. ,0 .:; ~ ~ ~ ~ .... ~ It Cl -.I ~ ~ ~<.!l ~ 3 .~ OJ , -'--- -~ i~ S . ~ li! ~ ~- O)~~ ~ .. , \3. :::~ ~ sr~ ~ tsr r! j ~ ~J ~ \. <I ., ~ f~ ~ Q-c "'2 h ~"' ;;~ lloli _J Excerpts from the Environmental Impact Statement Agenda Item No. 17E February 27,2007 . Page 85 of 128 Agenda Item No. 17E February 27, 2007 Pa e ~ f 1? [ I KAlCASA RPUD ENVIRONMENTAL IMPACT STATEMENT COLLillR COUNTY, FLORIDA ,. Mn,~ {;pasted Febl'uftl'J' 299G ~d ......ngust.w06 Updlltcd Octobea' 2006 Prepared for: Habitat for Humanity of Collier County, Ino. 11145 Tamiami Trail East Naples, FloIida 34110 Prepared by; }OlINS--N ENGINEERING 2158 Johnson Street Fort Myers, Florida 33901 Agenda Item No. 17E February 27,2007 Page 87 of 128 "'/ J _1 INTRODUCTiON This docwnent represe~t13 the Collier County El1viromne~tal hnpaqt Statemont (EIS) for th~ ICaicasa RPUD; This EIS has been pl'epal'ed in accordance with 10.02.02 of the Col!i'-'lr County Land D~velopment Code, 10.02.02 A~4 Subsection (n) Ap.pllcnnt Information t. Responsible pe7'80lt who wrote the F.J8 and his/her' educat{o1t Clnd job related Bnvtronmcmtal e.r.perience.. A. Gary Nychyk, BcoI~gist for Johnson Engineering, Inc. A oopy of Mr. NyohyIc's 1'esume is a.ttached as Exhibit A. ii. Owner~,,)lageltt(s) name, address, phone I'lwnber, and e~mail, Agent: Laura K.. Spurgeon, Senior Plannel' Johnson Eng.\neering 2350 Sta:tlf01'd Court Naplesl Florida 34112 Phone: (239) 434-0333 Fax: (239) 434--9320 EwMail: lks@jolmsoneng.com Subsection' (b) Mapping and Support Graphics i. General Location Map A General Location Map has been provided as Figure 1. ii. Native Habitat 1l'J.'ap A Florida Land Use Cover and Fonns Classifioation System (pLUCFCS) map has been prepared at a. scale of one inoh equals two hundred feet (11l = 200') for the p!:Operty, and is overlain on a 2003 digital aerial phot()gra.ph. The Aerial Photograph and FLUFCS Map are included as Exhibit B. A FLUCFCS and Wetland Delineation Map is inoluded as Exhibit CJ and Table 1 provides an acreage breakdown for all habitat types. 1 " r i . ) Figure 1, / ! / / i /' " /' ~/ t!AlliTAT .01\ t<'JMAl'JIT" -[ r;: ~. C! n: III w ~ 2' -l..~-' ~. -"':-:'T"" ..-J" ,t> "t CD n; o '.. !{al~~ ~puo CC<<iir~unty, fllllQJ )(j]-INS< III :nm~~~1lll Ha:t=.1'1 J4~'.a "HcmlQl.t)~).l"lm E N GIN E E R I N G fi\.,(a:l!:~I4.'m 2 DR 8~6 ,_... 'I;> ('(, /".;~t ''\'~ ~,,~(-''' r'-=::s .J fll'J.OIR') ;--'---'1 '--\ 'c5J.j, CItc.:ttn;<<CIFI . ,'!> ......-r-J 19.<~ ' ,,)<. ~ . ~lJ ~ SI'fE LOCATrION Agenda Item No. 17E February 27, 2007 Page 88 of 128 i N 0 ~,:!~ 15&11 a.ooo r _ t=BEI: lJch.~I' ~e!lD.~t.lU II\ft l:.!'!:tt ~'Q ",It Agenda Item No. 17E February 27, 2007 Page 89 of 128 , I _I iti, Topographic Map and Existing Dra,'nage Patterns A Topographic Map has been prepared and is included as Exhibit D. lv. Solis Map A Collier County Soils Map has been pl'epared and is included as Exhibit E. v, Drainage Plan A Dminage Plan indicating basic flow patterns, outfall locations, and off-site drainage has been prepared Il11d is inoluded as Exhibit F. vi. Development Plan. A Development Plan indicating the phasing, service area of existing and proposed publio facilities, and existing alld proposed transportation network bas bean p1'epared and is included as' Exhibit G. vii. Site Plall A Pl'eliminary Site Plan including onsite preserves, adjoining preserves, potential wildlife corridors, flowwaYB, and poten.tial public lands has been prepared and is inoluded as Exhibit H. viii. Fol' proper'ties in the RLSA or RFMU diBtl'icts, a site plan <<howing the location o/the site and lalld use de,signatiom and overlays as identified in the Growth Management Plalz. This project is not located in the RLSA or RFMU overlay districts. Subsection (c) Project Dcscl'lptioll and GMP Consistency Detel'ulination t. Provide an overall descl'iption of the project with respect to eltvlr'olzmenfal and "lIat.er management issues. The ICaioasa RPUD is located in Seotion 12] Township 47 South, Range 29 East, Collier County Florida (please see Figure 1 for l'rojeot Location Map). Th~ property is looated on the east side of S.R. 29 immediately 9.outh and enst.ofFal'm Worker Village. The site is composed of twelve (12) discomable vegetative communities. Major components of the habitat CO.n:,.po81tion inolude Pine Flatwoods (30.44 ac), Wet Prairie (17.20 ac), Hardwood-Conifer Mixed (15.92 ao), Improved PI;l6ture (10.48 ac), Freshwater Marsh (8.93 ae), and Unimproved Pasture (9.74 ac). Wetland plant communities COVel' approximately 28.26 acres of the site, while other surface waters covel' approximately 2.32 aores, A oomplete description of habitat types including 3 . ..~ l Agenda Item No. 17E February 27, 2007 Page 90 of 128 FLUCFCS Code d~Bignation, canopy~ mid-story, and gl'oundoovel' species present and acreage can be fotlnd ill Subsection (d) of this report. A complete proteoted species sUlvey covering approximately 80% of all plant community typeB revealed no signs of federal or state listed species. Howeyer) transient speoies such as wood storks and other wading birdB~ Florida black bear, and Florida panther could inhabit the site at 'Vatiou~ times of year. A vnrlety of prote.oted wading birds were observed ausite during a Septembel' 2005 site visit with Col1i~r County staff. The site is located within the panther Primary Zone~ and oue panther telemetry point bas been recorded onsite. A oomplete protected species survey is attaohed as Exhibit M. Several site plans were devoloped and reviewed to avoid and minimize w~t1and impacts to the highest extent practioable. Development WRS concentrated on upland areas. However) construction of the Kaicasa RPUD project wi11l'esult in unavoidable impacts to approximately 5.86 acres of wetlands and other sUlfacl'J waters. Specific impacts include 0.08 acres of Ditch~ 0.08 acres of Mixed Wetland Hardwoods, 2.39 aores of Froshwater Marsh, 2.63 acres of Wet Prairie, OJ 6 aores of Hydrlo pine Flatwoods~ and 0.32 acres of Hydric Disturbed Land. A complete desoription of wetland impaots can be found in Subsection (e) of this report. The surface water management system has been designed to help maintain regional wetland flow ways and provide water qUlllity and stOlID attenuation for the proposed site impl'OVeluents. There will be wetland preserves at the cen11'al~ north, and south ends of the property. On-site surface water management will be accomplished by pipes and swales that direct stOl'mwater runoff into the lakes for treatment and attenuation prior to discharge, The surfaoe water managomGnt system will include discharge facilities into the northem and Central wetlands in order to lwdrate Ute w<:ltlnnds and maintain regional flow charaoteristics. The water management system will be isolated from these wetlauds so that only contTOlled discharges from the structures will be allowed into the wetlands. These wetlands drain across t1le site and eventually into the S.R. 29 canal, whioh in turn dischBrges int'O the Fakahatchee Strand Preserve. ii. Explaill how the project is consistent ,pith each oj the Objeatl\Jes and Polioies in the Cansen/ation and Coastal Management Element of the Growth Management Plait, where applicable. Objective 1.3 PUI'Sfmnt to Administration Commission Filial Order AC-99-002 dated June 22, 1999, the COU11fy has completed the phased delineation, data gathering, A1a1!ag~melU guidelines and implementation of tTle Natural Resource Protection Area (NRP A) program as par'l of the required Collier County Rural and Agl'icultw'al Assessme.nt. Thmugh this Asses,Smellt, the COWtty ha~ determine.d that the NRP A program is not the o120! mechanism to protect significant envirOl1l1umtal systems. Accordingly, within tlu] RuraL Lands Stewardship Area Overla)' in t!ze Futw'e Land Use Element, the COU1tty has delineated Stewardship Sendiltg Areas that will/wwtion to protect large e.nvironmental 4 Agenda Item No. 17E February 27,2007 Page 91 of 128 ..'1 I _I systems. Pursuant to the following poltoies, the County shall protect identified envirol'l.m.ental system$ through the NRP A and Ruml Lands Stewardship prog1'ams, The subject parcel is not within the NRP A) RLSA, FSA, HAS, or WRA overlay dis1l1cts as identified by the FLUM. GOAL 2: Tile County ~Ihall protect its surface and estuQI'lne water resource!.', The subject property will be developed in aoCordf!DOe with water quality l'egulationa set forth by the South Florida Water Management Distriot. Storm water will bo treated in a surface water management system including dry detention areas, and lakes. Treated water will be directed into wetland areas, which will provide additional water quality and attenuation before discharging to the S,R. 29 canal. GOAL 3: The COUItt;J1 shall p,'oleet the County IS ground wate/' resources to ensure the highest water quality practical. This project will utiliz~ oetih'al water and sewer, reduoing potential contamination of groundwater res ouroes. Objective 3.1 Ground water quality ahall meet all appltcable Federal and State water quality b'tcmdards by January 2002 and shall be maintained th.ereafter. This project is not located within a Well Head Protection Area as identified by th.e PLUM, and therefore does not pose my impaots to the Co~mty's l:,'Toundwater resources, Goal 4 The Coullty shall conserve, protect, and appropriately manage the County's fh:.,shwatel' resources. The Habitat fOl' Humanity project will be designed to meet water quality regulations set forth by tbe South Florida Water Management District ensuring protection to the Countis D.'eshwater l'esourceB. The projeot will utilize central water and sewer reducing potential impaots to freshwater resources. G081 6 The County shall identifY, protect, conserve and apPI'opr'jatel.y use Us native lJegetat/.ve communities and wildlife habitat. The project proposes to retain and prellerve 30.18 acres of indigenous c01Ulnunities onsite. The oonfiguration of the pl'esel'\re areas has been ohanged :B:otn the second EIS Subulittal in Febmary 2006 to encompass larger, lnore contiguous 'areas of native vegetation. Sp.ecifically, Preserve 1 includes the previous P~2 and the majority of p~ 1. . 5 " i I Agenda Item No. 17E February 27, 2007 Page 92 of 128 Tins presel'Ve contains a variety ofuplnild and wetland habitats for a total of 11.82 acres. It is also open to undeveloped lands to the east. Pl'eserve 2 contains 0.70 acre ofhydtic pine flatwoods along the western property lin'c. The configuration of Preserve 3 (14.43 aores) remains similar to the previous P-31 how<(v.el' it ~s now open to the east and larger ih size. P-4 has been eliminated and is now proposed for development. Preserve 4 (3.22 acres) remains similar ill configuration to PRSj but bas increased in size. These changes have resulted in a total of 4 preserves encompllssing 30.18 acresl as opposed to 5 preserves encompasshlg 27.82 acres as proposed in the preVious EIS, These preselVEl areas will be placed under conservation easements granted to the South Florida Wator Management DilltrIct and Collier County without responsibility for maintenance. Invasivo Ox.otic veg~tatioll will be eradicated and wetland hydrology wilI be maintained through la.ke interconneotions and appropriate cOlllTOl elevations. Objeetivc 6.2 The County shall protect and CQI1Sel"Ve wetlands and the natural junctions of wetlands, This project is protecting EUld preserving approximately 22.49 acres (79.55%) ofwetlnnds oDsite and incorpompng those wetlands into the overall surface water management system (See ExMbits F and K) to ensure they retain healthy hydrology. The majority of wetlands W~A, W-B and W-C will be preserved as Pres~rve 1. Wetland W-D will be presClved as Preserve 2. The majority of wetland W -E will be contained within Preserve 3. Wetland W-F will be futly impacted. The majority of wetlands W-Gl W~R and W-I will be contained in PrOS01'Ve 4. These changes have resulted in a total of 4 preserves encompassing 30.18 acresl as opposed to 5 preserves encompassing 27.82 acres as proposed in the previous BIS, Specifically, Preserves I and 3 are signifioantly larger and more contiguous. The wetlsnds will be placed under Conservation Easements to the South Florida Water Management District and Collier County, and all i1.j.vasive exotic vegCltntion will be l'emoved from tlle preserve areas. Mitigation fQr wetland lmpactf) will be submitted for approval by the SFWMD at the time of environmental resource permitting to ensure the project noesllot result in !:I net loss of wetland function. Goal 7 The County shall protect and COlIserve its fisheries and wildlife. A complete Pl'Otected Species Survey was perfonued on the site (Exhibit M). The survey was perfonned by traversing meandering parallel transects spaced between fifty (50) and eighty (80) feet apart within all FLUCFCS communities (Exhibit N). No listed species were observed during the protected species SUl'Vey. However, snowy egret (Egretta. t!tula)~ little blue horon (Egl'etta caerulea), ,and white ibis (Eudocimus albf1s)~ a11listed as Species of Special Concern pel' the FWC, were observed dudng a sito visit with Cuunty ,staff on September 22, 2005. NOll-listed wading birds identified during the site visit included Rnlunga (Anhinga anhinga) and gl'eat blue beron (Ardea herodias). Per the FWS letter ,of technical assistalloe inoluded in Exhibit Q, protected specles which have the IJotential to occur onaite include the Florida blaok beal' (Ursu8 americcmu$ 6 Agenda Item No. 17E February 27, 2007 Page 93 of 128 .flol'idamls), bald eagle (HaliaeettlS leucoc:ephqlu3), eastern inc1i~o snake (jJl'ymarch07t corm's coupttl'i), wood stork (Myctel'la amer/caua), ~md Florida panther (puma coneolor cmyi). Draft management plans for wading birds, tbe black bear. and the panther are inoluded in the Proteoted Speoies Survey (Exhibit M). Management plans will also be provided for tbo eastern indigo snake and wood stork prior to SDPIPPL. All managoment plans will be approved by agenoy staff to ensure the proposed prctiect does not result ill adverse impacts to listed specios. Tbe KaicElsB. projoct includes 30.18 acres of preserved native upland and wetland vegl;ltn.tion. Preserves will be maintained free of invasive-exotic vegetation and placed under conservation easements to ensure they provide viable habita.t in perpetuity, Preserve areas 1 a.nd 3 include large, contiguous areas (11.82 and 14.43 acres, respectively) whioh wl1l remain open to the east and allow for the movement of wildlife. This will also provide the potential for a wildlife conid\)r to be included in the design of future development to tho east. The applicant met with FWS in July of200S f'Or guidance regarding the application of the Panther Habitat Assessment Methodology tv impact and preserve areas of the site. As dooumented by the elnail correspondOl1ce included in Exhibit Q, FWS has indicated that becauBe Preserves 1 aud 3 win remain connected to l.mdeveloped lands to the east, these lireSC1'VCS may be considered 'lMutralOl, l.e, neither a. loss DOl' a gain of panther habitat units (PHU's) after constl11ct1on for the ptU'Pose of determining potential mitigation needs. The apl~lioant will continue to coordinate with FWS in order to ensure adequate componsation is provided to offset .any adverse impacts to the Florida panther as a result afthe project. The surface water management system will be designed and OOllst11lcted to 'meet water quality and attenuation requirements set forth by the South. Florida Water Management Dist11ct. The utilization of wet and dry pl'etl'OaUll<:llit arens in combination WiUl preserved wetlands to treat the projecfs surface water will protect downsb;eam water bodies and potential fisheries by discharging cleaner water than is assooiated with the current cattle and agricultural operations. Hydrologic COIDll'3ctions bC)tween wet and dry storm water management areas and the In'cserved wetlands will be designed to maintain a henlthy hydl'opeliod. This will continue to provide well-established foraging locations over a wide range of seasonal water levols, Additionally~ aU surface water management lakes will include littoral plalltillgs, which provide fOl'age and cover to sOlall fisb, macroillv61'tebl'utes, and other forage species. The lakes and wetlands will be maintainod n'ee of invasive exotic vegetation providing perpetual habitat for various wading bird speoies, Gonl11 The County shall provide fol' the protecti012, preserwrti012, and sensitive ~'e-U8G oj historic re80~I1'Ce3. j \ . ) 7 Agenda Item No. 17E February 27,2007 Page 94 of 128 The BU1'eau of Historic PreSel'Vati01\ has indicated that 110 historic properties will be affected by the project. Please Bee Exhibit S, Conesponde1)ce from the Buteau of Historic Preservation. Subsection (d) Native Vegctntlon Preservation L. Idemify the acreage and community type 0/ all upland and wetland habitats found 0" the project site, according (0 the Florida Land Use Cover and Forms Classification System (FLUCFCS), Provide a description of each afthe FLUCFCS oategories identified onsUe by vegetation type (species), vegetation oompositio1l (canopy, midstOlY, and groUlldcovel~ and w~.getatJon dominQnce (dominant, commOll, occasional). A total of twelve. (12) discernable FLUCFCS categoties were identified on the project sito. Uplands comprise approximately 69.42 acres of the site while wetlands comprise approximately 28.26 acres. Additionally, a large canal along State Road 29, classilied flB Other SUlfao~ Water, contributes approximately 2.32 flcres. A complete description of eacl1 FLUCFCS category along with its representative acreage can be fuund below: FLUCFCS Code Zl1. Improved Pastul'e (10.48 acres) This upland community is located in the nortbe.1'l1 portion of the site. The canopy and midstory is nearly open, but ~ncludes widely scattered slash pine (Pinus el!.i()ttii)~ c~bbage palm (Sabal palmetto), and wax myrtle (Myrica cerifem), Her.baceous species inolude Bahia grass (Paspalmn 11otatWll), common ragweed (Ambrosia aI'temisiifolia), saw palmetto (Serenoa repens), slllutgl.'aSs (ftporobo!us indicus), black"root (Pterocaulon "i/'gatum), Caesar weed (Urena lobata), and rum1el' oak (Quercus elllottU). FLUCFCS Code 212, Unimproved Pasture (9.74 ac!'os) The oanopy of this upJ and community includes scattered slash pines. Sub-canopy includes cabbage palms and wax myrtle. Herbaceous cover is similar to that of the open rangeland with Bahia grass the dominant species. Other herbaceous speoies include saw palmetto, paw paw (Asimi/la reticulata), and smutgrass. FLUCFCS Code 411. Pine Flatwoods. (30.44 l1cres) Upper Canopy in this coverage area includes soutll Florida slash pine and scattered live oak., Mid.canopy is dominated by saw palmetto, cubbage palm, l11sty lyonia (Lyon/a ferruglllea), and American beautybel'l.'Y (Calicafpa americana). Herhaceous cover includes sa.w palmetto, broomsedge (AlIdl'opogon vi/'gfnicli8), gallberry (llex glabra), grapevine (Vitis rotundl/olia), and wild blueberry (Vaccinium myrsinites). FLUCFCS Code 427/428. Live Ol\k..Cnbbnge Palm (1.59 acres) This ul,land area inoludes live oak (Que,.c~(s vir'gin/ana), and cabbage palm u\ the canopy, Midstory vegetation includell cabbage palmt wax myrtle, and Bl'szllial.1 pepper . .j 8 Agenda Item No. 17E February 27,2007 Page 95 of 128 (Schi7ms tel'ebillth(follus), Herbaceous vegetation includes Caesars weod, Bahia gt'ftSBt and poison ivy (1'oxlcodendl'on radicans), FLU.CFCS Code 434~ Mixed Hlll'dw2Q~ ~ontfcr Forest (15.92 IlCl'BS) This upland area inoludes slash pine, live oak.. red. maple (AceI' rubl'um), al1d cabbage palm in the canopy. Mid story vegetation includes cR'Qbage palm, Amerioan bea.utyben'y, aud Brazilian pepper. Herbaceous vegetation includes saw pnlml!lttOt A.llledoan beautyberry, and Caesars weed. FLUCFCS Code 514. Clluul (2.32 nerOB) This community inoludes the large canal adjaoent to State Road 29. The canopy in this area. is absent. MidMstory vegetation includes BrnziliB!1 pepper and s'oattered cabbage palm. Herbaceous vegetation inoludes arl'owhead (Sagitt41'la landfolia), floating hearts (NympJroides aquatioa), and maidel1cane (Pa12icum hemitomon). FLUCFCS Code 617. Mixed Wetlnnd Hardwoods (0.05.1. acres) Canopy vegetation within this w.etland community inolude!! laurel oak (Quercus [autifolia) and red maple, MidMcanopy species inolude Brazilian peppCll.'t cabbago palm, and groundsel treo (Bacclzal'z's ltalim;folia). Herbaceous vegetation includes pennywol't (l-lydrocotyle umbellata), Asiatic pennywort (Centella asiatica)> and swamp ferll (Bleclmum serrulcltum.) along the edges of the canal. FLUCFCS Codo 625, n~drlc Plno Flatwoods (1.72 acres) This transitional wetland community includes slash pine and cabbage palm in the canopy. Midstory vegetation is predominantly wax myJ.tle. Herbaceous species include yellow- eyed grass (Xyris spp.), beakrush (Rhynchospora ~pp.)~ rosy camphorweed (Pluchea l'osea), and sand cordgrass (SpartinCl bakert), FLUCFCS Code 641. Fl'esb:rvatCl' Marsh (8.93 acres) The canopy fllld subMcauopy of this wetland community is open. Herbaceous species include pickerelweed (pontederia cordata), arrowhead, penuywort, and cOl'dgrass, FLUCFCS Code 643. Wot Prntl'ie (17.20 acres) The oanopy of this wetland oolUlllunityis neady Qpen, but includes widely scattered slash pine. MidMClI1l0PY vege~ation inoludes scatt~red wax l11yttle, Herbaceous species include blue maWeJlcane (Amphicarpum muhlenbargianum), beakruah, yellow-eyed grass, and saw grass (Cladlum.famalcel1se). 9 Agenda Item No. 17E February 27, 2007 Page 96 of 128 .' ) FLlJCFCS Code 740. Disturb(!d Land (1.25 nCl:eS) TWs disturbed upland community is nearly open in the canopy and mid,.canopy strata. Herbaceous species include Bahia grass, ragweed, dog fennel, and false buttonweed (Spel'macoce vetticillata). FLUCFCS Code 7401. Distw'bed Land, Hydric (0.32 nCl'lls) This wetland community does not include oanopy vegett1.tion. Mid-story vegetation incltldes wax myrtle and groulld.sGI tree. Herbaceous species inolude yollow"eyed grass, beakrush, and blue maidencane. ii. Explain how the project meets aI' exceeds the native vegetation preservation requirement in Goal 6 of the COl1se.r'Vation and Coastal Management Element of the G1'Owtll Management Plan, and ChapteT's 4 and J 0 of the Land Development Code. Policy 6.1.1 The proposed projeot contains approximately 96.43 acres ofve15etative communities tbat can be considered native. Residential .and Mixed Use Developments are required to preserve 25% 01' 24.11 acres of nal.ive vegetation onsite. Per Collier County, only Preserves 1 and 3 will be considered for the purpose of ftllfilling the native vegetation preselvation req1.1il'ement. These preserves total 26.25 acres or 27.2-2% of native vegetation onsite, exceeding the requirement. Chnptcl' 4.06.04 All vegetatiou clearing activities will be conducted in accordance with Site Development Plan (SDP) and Plat approval conditions. Chaptor 10.02.14 AJl prcBorv6 areas will be shown on tbe construction plans; landscape plan, and plat of the development order. iii. P/'ovide documentation that the parcel is in compliance with the 25-yeal' /'ezone limitation ilz Policy 6.1.5 of the COl1sel1/Cftiol1 and Coastal Management Element of the Growth Management Plan. A review of historic aodela i.ndicates that the property was cleal'Cld after 1975. As such, the 10.48 acres ofFLUCFCS Code 211 (Unimproved Pastur0) in the northeast portion of the site have been added to the native vegetation acreage. Native vegetation onsite now totals 96.43 aores. . 10 Agenda Item No. 17E February 27, 2007 Page 97 of 128 iv, Have p,.esel1Jes 01' acreage l'eqult-ements fOl' pl'e3(#'Vation previously been identified.for the site during previous development order approvals? No previous development order approvals have been received for tlus site. v. For propertte8 with Special Treatment overlays. shaw the ST overlay an the devrJlopment plan and provide all expla1tatiol1 aa to why these areas a,.e being impacted or pres(wved. This projeot is not within a Special Treabnent overlay distriot. Subsectbm (e) Wetll1nds i. Defll1.e the number of acres of COmel' County jurisdictional wet/mula according to FLUCPCS. lnr:lude a description qf eaoh of the FLUCFCS categories identified onsite by ve.getati.on type, compositi01t, and dominance, Wetland detel'miJ1cztio118 are /'equtred to be verified by the SFWMD prior to submission to the CQunOJ. Approximately 28,26 acres of wetlands have been delineated on site. A table showing the acreage, FLUCFCS code and description of eacll wetland habitat can be found below. See Exhibit C, FLUCFCS aud Wetland Delineation Map. The wetland jurisdictionv,l dotolmlllation has been verified by SFWMD. 11 Agenda Item No. 17E February 27,2007 Page 98 of 128 TABLE 1: W otlallds FLUCFCS Dellc'!l'lpnon Acrenl!c Pel'cent of Total 617 Mixed Wetland Hal'dwoQds 0.09 0.09% 625 Hydrio Pine Flan'loods 1.72 1.71% 641 Freshwater Marsh 8.93 8.93% 643 Wet Prakie 17.20 17.20% 7401 Disturbed Land, HydrIc 0.32 0.32% it. Dele/'mine seasonal and historic high water levels utilizing lichen lines 01' other biological indicators. Indicate /tow the Pl'oject design improves/affects prec1evelopm811t Izydroper(ods. Provide a n.arrative addressing the anticipated conti'oi elevatioT1s fol' the site. There were no clear lichen lines or other biological indications of high water marks on the site. There is Bn existing SFWMD permit (#901226-19) for the Farmer Workers Village neighboring Kaicasa to the west. From tapo!,lfapmo survey and on site visit itwas detennined that the base flood elovatio11 is at 24 NOVD for tbe north and.23 NGVD for the sou01. The surface watel' mElIlagement system has been designed to help maintain regional wetland flow ways and provide water quality and storm attenuation for the proposed site imprDvements. There will be wetland preserves at the C611tral~ nortll, and south ends of the property. On-site surface wator management ",rill be accomplishl3d by pipes and swales that direct stormwater runoff iuto the lakes for treatment and attenuation prior to disoharge. The surface water management system will inolude discharge facilities into the northern and Central wetlands in order to hydrate the wetlands and maintain regional flow characteristics. The water management system will be isolated from these wetlands so that only controlled discharges flom the structures will be allowed into the wetlands. These wetlands drain across the Bite and eventually into the S.R. 29 canal, which ill turn discharges into the Fakahatchee Strand Preserve. iii. Indicate tlie proposed percent of defin~d wetlands to be impacted and the effects of ]J1'oposed impacts on the flmctions of these wetlwzds. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved olls/te. Describe how impacts to wetlands have been minimized. Several alternative site designs were investigated to minimize wetland impacts. The current site plan concentrates the development into the upland areas of the site allowing for the retention of approximately 22.49 acres of high quality wetlands within the project. Approximately 5.78 acres of Iile total 28.26 acres of onsite wetlands are proposed to be impacted, O.OB acres of the total 2.32 acres of othel' surface waters are also proposed for impacts, for a combined total of 5.86 acres (19.16%) of impacts to wetlands and other surface waters on the site. Please see Exhibit K~ Pl'Oposed Peroent Wetland Inlpacts. The remaining wetlands and other surface waters will be retmu.ed and inoorporated into the 12 Agenda Item No. 17E February 27, 2007 Page 99 of 128 site design. The wetlands will be hydrologically connected to tbe surface water management system with control' elevations set to ensuro an appropriate hydroperiod. Additionally, aU exotio vogetation will be removed :a:om. wetland preserves, which will be maintained free of exotics in peIpetuity. iv. lndicate how the projeot dealgn compensate" for wetland tmpact.s pursuant to the Poliates and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. The Unifonn Mitigation Assessment Method (UMAM) Analysis (See Exhibit L) was perfonned on the B~lbjeot property to detennine the extent of wetland impacts and appropriate mitigation fQr t1Iose impacts. All wetland impacts and mitigation practices muat meet state/federal mitigation criteria and will be reviewed and aPPl'ovc:d by the SPWMD and. if necessary, the US Army Corps of Engineers (ACOE) as part of the Envirmunelltal Resource Pormit (ERP) process. Polley 6.1.1: Fm' ths County's Urban Deslgftctted Area, Estates Desigltated Area, Com~e,.vatioll Designated A,'ea. and A.gr'ioultural/Rural Mixed Use Dist:1'io~ Rtwal~Illdustria/ District and RU"al~Settlef1umt Area District as designated on the j.LUM, native vegetation shall be p,'es8rved on-site through the appllcation of the following pr(Mel'Vati01z mzd vegetation retention standards and criteria. Residential and Mixed Use Developments are required to preserve 25% of .native vegetation ensite. The proposed project contains approximately 96,43 acros ofvegetativ~ oommunities that can be considered native; therefore, a minimum of 24.11 acres mus.t be preserved. Presell'V~s 1 and 3 Pl'ovide a total of 26.25 acres of native vegetation, exceeding tbe requirement. Poliey 6.1.4 Prohibited i1l11QsiVG exotic vege.tation shall be remove.dfl'o711 all new developments. (1) ApplicOIus for development p.ermits shall submit and implement plans f01' invasive exotic plait! removal and long~t.erm control. (2) Maintenance plans shall descrtbe specific techniques to prevent /'e-invasiolt by p1'ohibtted exotic vegetation of the site in pelpetuity. (3) The County shall maintain a list of prohibited i,tvClslve exotic vegetation in the Land Developme/lt Code and update it as fU:JoeSSa11'. All invasive exotic vegetation will be removed from the project site during the development prooess, As required by the SDP/PPL process, Pl'6serve Management Plans will be prepared ill order to address the removal of exotics from preserve aroas, Preserve Management Plans will include the removal of all Category I exotics. 13 Agenda Item No. 17E February 27, 2007 Page 100 of 128 Poliey 6.1.7 The County shall require native vegetatio11 to be inCOTpOl'ated into landscape destgns bt order to p,'omote the preservation of !lative plant communities and to encow'age wat~l' C0I1SeT1'ation. The project will utilize native species for landsoapulg in accordance with Ch~pter 10 of the Land Development Code and proserve nativo vegetation in place where practicable. All lakes will be designed Ilnd planted to provide a minimum of 2.5% of the pond's surface area as littoral shelf. Policy 6.2.1 As required by Florldll Administ.rative Code 9JJ-5.006(1)(b), wetlands identified by the 1994"95 SFWMD land use and land cover iuwmtOlY are mapped on the Future Land U8e Map serte/)'. T/le.se areas shall be verified by a jUl'isdicti onal field delineation, subject to Policy 6.2.2 of this element, at the time of profect pennittlng to determine the exact location of.furisdictiollal wetland bOllndaries. The wetland jurisdiotlonal determination has been verified by SFWMD. Please see Exhibit C, FLUCFCS and Wetland Delineation Map. Policy 6.2.3 Collier County shall implemellt a comprehensive process to ell.~Ul'e wetlands and the natural JUr/ctions (kfwetlands are protected and conserved, The pl'ocess outlined within this polley is primarily based on dil'eatl.ng concentrated populatIon growth and intensive development away ji'om large connected wetland systems. The proposed project will preserve approximate1y 79.58% ofwotlands located an site by directing development to the uplands. Policy 6.2.4 The County shall rely on the wetland jurisdictional detel'minations and permit requirements issued by the applicablejuri8dic.:tional agency. The InunokalC1~ Urban Designated Area provides addltionnl proteotion to high q~ality wetlands assooiated with the Lake Trafford/ClUllp Knda System. Although the Habitat . for Humanity PUD is not located neal' this system, preservation aud management of approximately 79.58% of ausite wetlands will benefit tbe overall watershed. The preserved wetlands will also provide enhanced foraging habitat for listed wading birds, which likely utilize the Lake Trafford/Camp Kueis System. hnp\lcts to wetlands assooiated with this development wm be reviewed by SFWMD and, if necessary, ACOE during the ERP prooess. Policy 6.2.6 Within the Urban Designation and the Rural Fringe Afixed Use District, [requtred] wetlal2d prese11/ation, buffer areas, and mitigation areas shall be dedioated a,y consel'vatiOll and CO/lmton areas i/: the f01'11I of OOllservaaon ~asements alzd shall be 14 . \ i _.1 Agenda Item No. 17E February 27,2007 Page 101 of 128 identified 01' platted as separate tracts,' and, in the case ofa Planned Unit Development (PUD), these aI'eas shall also be deplcted on tlte PUD Master Plan.. Preserved wetland areas will be protected tlu'ough Conservation Basements dedicated to the SFWMD and Collier Couaty, Wld will be clearly delineated 011 the final plat. Subsection (f) Surface nnd Ground Wntel'Mnnngement i. Provide an overall description a/the proposed water manage.ment system explaining how U work$. the basis q{ design, hi8todaal d,.aina~e flows, off-site flows comilzg in to the system and how they will be incorporated tn the ~ystem qr pCl8.~(?d around the system, positive ouifall availability. Wet Secuson Water Table and DIY Season Watel' Table, and !IOW they were detemtined, and any other pel'tlw.mt informati07t pmotainiltg to the cOTttl'of of8torm and ground water. The wet Reason water table elevanolls for the site were! estimated using'site topography in and around the existing wetlands. The estimate wet season water table elevations fol' the site are 24.0 ft NGVD at t~e north find central portions of the site and 23.0 ft NOVO at the southern eod .of the site. The my season water table elevation was 68tinlate using dry season elevations taken in the S.R. 29 canal, along the southern end of tho site. The averag0 elevation of the water in the canal was 18.2 ft NGVD. The sUlface water management system has been designed to help maintain regional wetllUld flow ways and provIde water quality and storm attenuation for the proposed site impl'Ovements. There will be wetland preserves at the ceniral) north, and south ends of the property. On-site surface water management wlll be accomplished by pipes and swales that direct stormwater runoff into the lakes for treattnent and attenuatIon prior to discharge. The surface water management system will inolude discharge facilities into the northern and Ceoit'a1 wetlands in order to hydrate the wetlands and mai.ntain regional flow ohal'aoteristics. The water management system will be isolated from these wetlands so that only controlled discharges from the stlUclures will be allowed into the wetlands, These wetlands drain across the sit<;l and eventually into tho S.R, 29 canal, which in turn dilj'chaJ.'ges into the Fakahatchee Strand Preserve. ii. Provide an analysis ofpotential water quality tmpacts of the p,'oJect by evaluating walel' quality loadings expeoted from the project (post development conditlonJ aOllsidel'ing the p1'opoged 1a11d uses and stormwater managemeltt controls) compa/'ad with water quality loadings o/the project area as it exists in its pre- development conditions, Thi8 analysi.,; is required/or projects (mpactingflve (5) OJ' more acres q{weUands. The analysis shall be performed using met.hodologies appro11ed by Federal cmdState water quality age/toles. A Harvey Harper analysis will be perfonned aud submitted to SFWMD fm' approval dUling the ERP process. 15 Agenda Item No. 17E February 27, 2007 Page102of128 . iii. ldemifjl any Wel/field Risk Management Special Tr€:atment Ove7'la.)J Zones (WRMMST) within the project area and provide an analysis for !low the project design avoids the. most intensive lalld uses within the 11Iost sensitive WRM-STs. The subjeot parcel is not within allY Wellfield Risk Managenient Special Troatment Overlay Zone. Subsection (g) Listed Spect0s i. Provide a plant and animal apecies sUl11ey to illalude at a minimmn, Imtcd species known to inhabit biological communities similar to those existing ana/te, and conducted in accordanue with the guidelines of the Florida Fish and Wildlife C0l1se111atio1t Commission and the U.S. Fish and Wildlife Sel1Jfce. State actual swwy times and dates, and provide a map showing the location of species of special stat.us identified onsUe, A Proteoted Species Survey was performed on the 8it~ in aocordance with Flodda Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Servioe (FWS) 011 M81'ch 4111 and ;1'\ 2005. A complete Proteoted Species Survey is attaohed as Exltibit M. The Protected Speoies Surv~y Map (Exhibit N) depicts survey transects of the survey. it, IdeltttfY all listed species that are known to il2habU biological communities .~imi/QI' to those existing on the site or that have berm di1'ectly obse.,"ed ol1site. Table 4~ 1 of the attaohed Protected Spec,joll Survey (Exhibit M) lists potential protected species per eaol1 FLUCFCS code. . iii. Indicate how tlte project design minimizes impacts to species a/special statu8. A 'Variety of wading birds including snowy egret, little blue het'on, etc. were observed utilizing wetlands on site during the September 2005 site visit witb Collier County staff. As indicated by FWS (see Exhibit Q), the site may also contain suitable habitat for the blnck bear, bald cagle, eastcm indigo snake, wood stork and Florida panther. Habitat management plans will be prepared for each of these species utilizing any guidance reoeived from FWS and FWC, and submitted to Collier County environmental stuff for approval (tt time of SDPIPPL. Draft management platts for wading birde, Florida black bear, and Florida panther are iMluded in the Protected Species Survey (Exhibit M)! Although no signs of Florida panthers were observed dtU'1ng the protected .species surv~y, they could potentially llse the sit~. The site is located within the pati.thel' Primary ZOlle, and one panther telemetry point has been recorded ollsite. Potential impacts to tbe panther will be coordinated during the Environmental Resource PermitIFederal Dredgo and Fill Permit process or through a tecbnical assistance request with FWS. The consultant has met with FWS to discuss the amount of panther habitat units (PBU's) the site may be 1 . J 16 Agenda Item No. 17E February 27,2007 Page 103 of 128 considered to retain after development fol' the purpose of calculating potential mitigation needs. See Exhibit Q, Correspondence from the U.S. Fisll & Wildlifo Service. The amount of dovelopment on the site has been re.duced to allow lor larger, m.ore contiguous preserves whioh remain o01mected to undeveloped lands to the east, Tilis connection wlll allow for the continued movement ofwildHfe and provide the possibility for a wildlife oorridor to be inoluded iil design of futllre development to the east. A total of 30,1 S l:Icres are proposed to be preserved. Preserves htolude 22,49 aores of wetlands and 7,69 aores of uplands) providing a mosaic of valuable wildlife habitat. Pr.eserves will be maintained free of nuisance and exotio vegetlttion in perpetuity. Additionally, the conslJl.lcHon of watel' management lakes will enhance foraging oppottl11tities fot' wadfug birds through the installation of lake littoral plants, whioh provide a food sourco and cover for small fish, macroinvertebl'ates and other prey species. Reoeding water levels in the lakes will also provide additional feeding areas during the dry season. ill. Provide habitat managelmmt plalls for each of the listqd species known to occur on th~ properly, For slies with bald eagle nests and/ol' lUtst protection zones, bald eagla management plans are required. copies of which shall be included as exhibits attached to (he PUD docuimmts, where applicable. Draft wildlife management plans for wading birds, the Flodda panther, and the Florida black bear aro included in the Proteoted Species Survey (Exhibit M). Pel' technioal assistance from FWS,. the site m~y also provide habitat for the wood stork1 eElBtern indigo snake, aud bald eagle. Prior to SDP/PPL, management plans for each of theBe speoies (with the exc~ption of the bald eagle) will be prepared and submitted for approval by Collier CQUltty ellviromnental staff. AllY comments made by FWS and/or FWC as a result of coordination during the peLmitting process or a teohnical assistauoe request or habitat conservation plan will be incorporated i.nto the ma.nagement plans. v. Wluwe applicabl~1 llle/ude correspondence }'eCei1lod }i'om the Florida Fish andWtldltfe Conservation Commission (FFWCC) and th.e u.s. Fish (lnd Wlldlife Service (USFWS). with /'egQl'ds to the project, Explain hOt\' the COllcel'11S of these agf3ncies have bee.!t met. Conespondenoe frOln the US Fish & Wildlife Service indioates that the project may contaill habitat suitable for the following fedel'ally listed species: the endangered wood stork, the threatened Eastern indigo snake, the tbreaten~d bald eagle, and the endangered Flol'ida panther. The Service also reoommends oOOl'dina.tioll with F'WC regarding the Iltate"listed Flodda blaok bear. A oopy of said correspondence has been provided in Ex1rlbit Q. The following pn>vic1es an explanation of how the project follows tbe Servlce~8 recommendations for each of the speoies mentioned. Blnclt beal' A draft Black Bear Management Plan has been prepared and is il1clvded in the Protected Species Survey (Exhibi.t M). Advorse hnpacts to the black bear will be addressed dm'ing coordillation with FWC during the SPWMD pennitting process. . I 17 Agenda Item No. 17E February 27, 2007 Page 104 of 128 Bald .Engle The site will be re~surveyed for bald eagles should this be requireo during ooordination with FWS. Eastern Indll!-O Snake The Service's Standa,.d Protection Measures for the Eastem Indigo Snake will be included on construotion and clearing plan drawings submitted at SDPIPPL. All Eastorn Indigo. Snake Management Plan will be provided plior to SDPIPPL, Wood Stol'lc Impacts to 5.86 acres of wetlands and other surfa~ waters will be compeusated for tlu'ough the preservation of 22.49 acres of w~tlands which will be 1DBhitained free of exotics to provide foraging opportunities for wood storIes in perpetuity. A Wood Stork Management Plan will be provided prior to SDPfPPL. Florida nnnther A draft Florida Panther Management Plan is included in the Proteoted Species Survey (Exhibit M). Potential impaots to the panther will be coordinated during the Envil'olUnental Resource PermitJFederal Dredge and Fill Pennit process or through a teclmical assistance request 01' habitat conservation plan from FWS. The applicant met with FWS in .1uly of 2005 for guidance regarding the applicntioti of the Panther Habitat Assessment Methodology to impaot and preserve areas ofthe site. .!vJ documented by the email correspondence included in Exhibit Q, FWS has indicated that because Preserves 1 and 3 will remain cOlmeoted to undeveloped lands to the east) these preserves may be considered "neulral'\ l.e. neither a loss nor a gain of panther habitf!.t units (PHU's) after construotion for the purpose of determining potential mitigation needs. The e,pplicant will continue to coordinate with FWS to ensure adequate mitigation is provided for impacts to thel Florida panther as a result of the project. Subsection (11) Other i. For multi-slip doclcingfa.cllities with ten slips or more, andfor a.ll marin.afaGilities, show how the p/'oject is consistent with the mari/ia Siting and other c/'iteria in the Manatee P,'oteenon Plan. ii. Include the results of any environmental assessments and/o/' audits of the property. If applicable, provide a narrative of the cost and measures n.eeded to cleml up the sit~. No marina facilities ntCl proposed. ii. Illclude the results olewy envi-romllelltal assessments alld/or audits of the property. if applicable, pl'ovJde a nm'rative oftlta cost a/ld measures to clean up tf,e sUe. TDC Consulting Group performed a Phase I Envil~oJunellta:l Site A~s~Bsmellt (project No, 6330-0002, Dated September 29, 2003) for the property and found no on-site 01' potential 1B . \ _I ] Agenda Item No. 17E February 27, 2007 Page 105 of 128 off~site recognized cIlvirOIlmontal conditions. Tho assesS1).1oll.t included a search of Florida Depar!:mont of Bnvironmental Protection records for cattle dippiug vats. A copy bas been provided as Exhibit R. ill. Fop' sites located in the Big Cypress Area of C1'ltioal State Concern-Special Treatment (ACSC-ST) overlay district, show how the p/'Oje.at is consistent .with the development standa,.i/s and regulatiolls ~tablishedfor the AGEe-ST. The subject pro.perty is not within the Big Cypress Area of Critical State Concem~SpeciaI Treatment (ACSC-ST) overlay distriot. lv, Soil sampling 01' ground water monitoring reports and pJ'ograms .shall be reqttil'ed fo/' sites that occupy oldfarmfields. old golf courses or[or which thel'e is a reasonable basis for belicwt1lg that tlum~ has been previous contami71atio1l on site. The amount of samlJling and testing shall be determined by tire Environmental Services stqff along with the Pollution Control Department and the Florida Department of Env;'l'onmental Protection. . Soil sampling or ground water monitoring has not been required. v. Provide docwnentatio1l,/i'om tf,e Florida Ma,vler Site File, Florida Department of State and any p,'illted historic archaeological surveys that have been cO/2ducted on the project area, Locate an)' know" historic 01' al'chaeologiaal sites and their relationships to the proposed project dssign. Demonstrate how the project destgn pl'csel11es the histol'io/aralweologlaal integrUy althe site, The Bureau of Historic Preservation has indicated that no histodc properties will be affeoted by the project. Please seG Exhibit S, Correspohdence from the Bur-e!lu of Historic Preservntion. 19 Agenda Item No. 17E February 27, 2007 Page 106 of 128 Habitat for Humanity of Collier County Protected Species Survey MIfflffi-1,OOg -. Revised Septembel' 2005 . Pl'epal'l1t[ fm',. Habitat for Humanity of Collier County 11145 Tnminmi Tl'l\fl East NapieR, Floridn 34113 Pl'epm'ad bJl: JOHNSON ENGINEERING, INC. ENGINEERS, SURVEYORS, Pl.ANNi!RS AND EGOl.OGISrS 2158 J()hnson Street Fort MYC1'8, Floridn 33901 20055195 Agenda Item No. 17E February 27, 2007 Page107of128 TABLE OF CONTENT~ Pan-e 1.0 lliTRODUCTION ..t f ...... ....I...I...I~.I.....I.t......,"...'.,.I... ,................, ... .................._ 1 2.0 SURVEY l'v1.ETHODOLOGY .......,...................,.....".. .."',..."",.,... ...,...'.'......,.... 1 3.0 SITE CONDITIONS...........................,................,. ...............,............................. 2 4.0 SURVEY RESULTS AND DISCUSSION 4.1 PRBLWmARY RESEARCH .......................................................,.. G 4.2 ONSITE S1.J'R.."\1EY "....I...~..I.I...,......"'.......,.........U.....I......................1.. 8 5.0 REFERENCES ...........,... .t....." II .......,.... ......................... .Mo......,......'...........,....... 12 LIST OF TABLES: TABLE 2~1 PROTECTED SPECIES SURVEY CONDITIONS ......................... 1 TABLE 4.1 POTENTIAL LISTED SPECreS ...,.................................................. 9 2005519~ i I . ! Agenda Item No. 17E February 27, 2007 Page 108 of 128 1.0 JlNTRODl)CTION .T ohnson Engineering. Inc. Ecologists conducted Il. Protected .Species Survey p61' Florida Fish and Wildlife Conservation Commission (FWC) and US Fish and Wildlife Service (FWS) guidelines 011 Ule Habitat fot' Humanity 100 ne. Parcel The site is located ill Section 12, TOWllSbip 47 South. Ranse 29 Bast, llorth of State Road 29, and ellSt of Farm Worker Village. Please refer to tile Project Location Map (Figure 1) located in Subseotion B of the BIS. The subject properly is bound by single and multi~fall,i1y residential neighborhood known as Farm Worker Village to the west. State Road 29 and an active orange grove abut the southern side oftbe property, The parcel is bDrdered to the north Rnd east by undeveloped land and rangeland. This proteoted .species survey WllS perfolmed to determine the edent of llse by state and federal listed spccies on the HElbitnt for Humanity site. 2.0 SURVEY METHODOLOGY Cover and vegetation association types were delineated utilizing 2003 digil:D.l aerial pholograpl\y, USDA SCS soil sLlrvey maps for Collier Count)' (USDA 1998), and onslte fl(~ld investigations. The covel' and vegetation assemblages were classified based 011 the nomenclaturo of the Florida Land Use Cover and Forms Classifioation System. Levels Il1 and TV (FLUCFCS) (Florida Departmont of Transportation, 1999), 111is system, originally developed by the Florida Deparlment of Transportation (FDOT), allows for 11 unifonn but flex.ible means of classifying land LlS~S important for detennining the presence of wetlands llnd suitable habitat for protected species. Please see the FLUCPCS map inoluded ExhilJit B of the ms. The protectod species sun'oy was conducted on Marcl1 41h and 71\ 2005, A site visit wus also conducted on September 22, 20Q5 witb Collier County staff. Table 2-] indicates weather conditions during the survoys and site visit: Table 2~1; Protected Species Sur"u~' and Site Visit Conditions Date Tlm~ B()l!nn Time Ended Cloud Covel' TOllluerature Wind Staff 03{O4/05 9:15 AM 3:45 PM Partly Cloudy] Mid 60s to. Low 70s South O~5 mph 1 03/07/05 10:15 AM 3:30 PM Partly Cloudy Mid 60s to Low 70s South 10M 15 mph 2 9/22/05 10:00 AM 12:00 PM Clear Mid 80s East 10-15 moh 2 MIH Agenda Item No. 17E February 27, 2007 Page 109 of 128 The slI1'Vey was conducted utilizing the flMenllderlng StI'lp Census" methodology. A series of parallel transects were conducted in the field flpaoed botwooD fifty (50) and eighty (SO) feet apart in width. TrAusects were designed to achieve a minimul11 seventy"five (75) percent survey coverage. Each Ft,UCFCS habitat was surveyed fOl' signs ofproteoted species. 3.0 f3ITE CONDITIONS The subject. pi'operty includes 12 vegetative communitiesl enol! was sUl'veyed fOI' the presence of Ilsted species. The f(jllowlng lists nil FLUCFCS codes delineated on the site with dominant vegetatloll species noted: '. F"-UCFCS C()dD 211. Improved Pastu116 (~O.48.nercs) This upland oommunity Is located in the 110rthern portion of the site. The canopy ~U1d mldstOl'Y is nearly open, but includes widely scattered slash pine (plnus elliottii), cabbage palm (Sabat palmetto), nnd wax mYI'tle (Myrloa cel'ifera). Herbaceous species Inolude Bahia grass (paspalum notatum), common ragweecl (Ambrosia artemisltfolia), saw palmetto (Serenoa repens), smutgrass (Sporobotus indictls), black~l'oot (pterocauJoll virgamm), Caesar weed (Urena labata), and I'Ulmer oak (Quercus elliottii). FLUCFC;~ Code 212, Vl1i~llrl>vcd Pasture (9.74 acres} The canopy of tllis upland cQmmunity inoludes scattered slash pines. Sub-canopy includes cabbage palms a1ld wax myrtle. He,rbaceotls cover is similar to that of the open rangeland with Bahia grass the domInant species, Other tuwbaceoul'l species include saw palmetto, paw paw (Asimina I'etfculata), and smutg1'8sS. FLUCFCS Code 411. Pine Flatwoods. (30.44 nel'os) UPPD1' Canopy in this coverage area includes south Florida 51nsh pine Bnd soattered live oale, Mjd~cBnopy is dominated by saw palmettol cabbage palm. l'USty lyonia {Lyonfa fel'/'uglnea), and American beautyberry (Calicalpa Cl/lleJ'lcmw). Herbaceous cover includes saw palmetto; broomsedge (Al1dl'OpOgOlt virginicus), gallbel'l'Y (llex glcibl'u). g1'npevine (VJtis /'otul7difolia), Bnd wild blueberl'Y (Vaccinfum my/'slniles). -2- Agenda Item No. 17E February 27, 2007 Page 110 of 128 FLUCFCS Code 427/428. Live Onk-Cnbbnee Palm (1.59 ac.wcs) This upland area Includes live oak (Qwmms virglniana), and cabbage palm 1n the canopy. MidstOl'Y vegetatiol1 includes cabbage palm, wax myrtle, and Brllzilian pepper (Soh/nus tel'ebinth/folius). Herbaceous vegetation inoludes Caesars weed, Bahin grass, and poison ivy (Toxicodendron radicans), FLUCFCS Code 434. Mlx.ed Hardwood CQnifel' Forest (15.92 acres) This upland area includes slash pine, live oak, red maple (Acer ,'ubl'um), and oabbage palm in the canopy. Mid story vegetation includes ca.bbage palm; American beautybelTY, and Brazilian pepper. Herbaceous vegetation includes saw palmetto, American beaulyberry, and Caesars weed. FLUCFCS Code 514. Canal 0..32 acres) This community Includes the large cnnal adjacent to State Road 29. The canopy in this area i9 absent. Mid-stOl'Y vegetation inoludes Brazilian peppel' and scattered cabbage palm, Herbaceous vegotntion Includes arrowhead (Sagittaria lanci/olia). floating hearts (Nympho/des aquatic a), and maid6noanc (Pan/cum hemitomon). FLUCFCS Code 617. Mixed Wetland HUl'ilwoods (0;0' acres) Canopy vegetation within this wetland community incll1des laurel oak (Que/'cus laurifoll'a) and red maplo. Mid-cBnopy species illclude Bl'llzllian pepper, cabbage palm. and groundsel tre(l (Baccharis haltmijolfa). Herbaceous vegetation includes pennywort (Hydl'ocotyle umbellata), Aalatic pennywort (Omtelfa asiatica), and swamp fern (Bleohmlln sel'l'ulatum) along the edges ofth~ callfi 1. FLUCFCS Code 625, Hydric Pine Flatwoods (1.72 acres) This transitional wetland community includes slnsh pine and cabbage palm in the canopy. Midstory vegetation is predominantly wax myrtle. Hel'baueous species lnclude yellow-eyed grass (.XYI'!S spp.), beakrush CRrtync!1ospOl'a spp,), rosy camphol'\vced (Pluchcza /'osea), and sand oordgrass (SpOl"tiI1Q bakel'f). FLUCFCS Code 641. Fl'e!lhwnter Mlll'sl1 (8.93 acres) The oallOpy and sub-canopy of this wetland oommunity is open. Herbaoeous species include piekel'elweed (Pontecleria cordo.ta), arrowhead, pcnllywort, and cordgrass. FLUCFCS C()de643. Wet Prail'lB (17.20 nares) The canopy of this wetland community is neady open, but includes widely scattered slash pine. Mid-canopy vegetation inoludes scattered wax myrtle. Herbaceolls species include blue -3- Agenda Item No. 17E February 27,2007 Page 111 of 128 maidenoane (Amphicmpu1Il 171uhleI1bergianum). beakl'Ush. yellow-eyed grass. and saw grass (Cladillm jamalcrt/7se). FLUCFCj) Code 740. Disturbed Land (1,25 acres) This disturbed upland cOl11munity is nearly open in the oanopy and mid~cal1opy strata. He1'baceouB spel>ies include Bahia grass. ragweed, dog fennel, and falee buttonweed (Spe7'macoce vCl1'ticillata). FLUCFCS Code 74Ql, Disturbed Land. Hydl'ic: (0,32 acres) This wetland community does ltOt 11101ude caMpy vegetation. Mid-story vegetation il10ludes wax myrtlc: and groultdsel tree. Herbaceous species include yellow-eyed grass, beakrush, and blue maidencane. -4- Agenda Item No. 17E February 27, 2007 Page 112 of 128 4.0 SURVEY RESULTS AND DISCUSSION 4,1 PRELIM1:NARY RESEARCH Prior to ollsite investigations) research into the possible utilizatiol1 of the Habitat fot' Humanity site by certain listed species was perfonned. This pl'eliminal'Y ]'eseal'ch inoluded Wood Stork (Mycte7'la ame1'icana) Elud other listed wading birds1 American Bald Engle (HC/IJaeetus leucocephalus)) and Florida PanU~ol' (Felis concolol' C01,11) Wood Storls: Wood storks are listed as endangered by both the u.s. Fish and Wildlife Service (FW8) and the Florida Fish and Wildlife Conservation Commission (FWC). The subject parcel is located approxima.tely 13 miles east of the Corkscrew Swamp Sanctuary, a known wood stork rookery, This llle611S the Kaicasa parcel is within the 18.6 mile Core Foraging AJ.'ea as designated by FWS. Impacts to wading bird foraging habitat within the Core Foraging Area will likel)' require mitigation. Any required mitigation activities will be included ill the SDP application package. -5- Agenda Item No. 17E February 27, 2007 Page 113 of 128 .American Bald Earzle: The Ameticall bald eagle is listed as ~l1'eatelled by both FWC and FWS. Research into the location of Imown bald eagle nests in the vicinity of the Habitat fo.r HumanIty project was conducted through the. utiIlzatlon of FWC's hltel'Oet based bald eagle nest locatot'. A query for nests located within a flve~Ulile radius of the parcel revealed two nests, Bald eagle nest number CO 021 is located approximately one (1) mile noLth..northeast of the site, while l'~e.st number CO 025 is located approximately fOUl' (4) miles south-southeast of project. Due 10 relatively large distal.tces between th~ nests and th~ projectl along with O1.ln'ent agricultul'al, residential, and l'oadway uses in close proximity to the nests. no advel'se impacts te the eagles are expected. Florida Panther: The Florida panther is listed as 611dang~red by both FWC aud FWS. The Habitat for Humanity projeot is located within Prlmal'Y Zone babitat as denoted by the Florida Panther MERIT Group, FWS will likely require fOlmal consultatioll under Seotion 7 of the Endllngel'ed Species Act of 1973~ as amended. Consultation win require an extensive investigation into the Florida panther's potential utilizatiOlt of the site. This analysis will likely include a breakdown of habitat impacts, telemetry data, panther prey analysis) analysis of adjacent and nearby lands. traffic analysis, and other information neoessary foJ.' the preparation of a FWS Biological Opinion. Mitigation for impaots to panthers will be negotiated during the FWS fOl'l11al consultation. Mitigation effol'ts will most likely be through the purchase of credits tll1'ough an accepted offsite panther mitigation ballk. N6~ Agenda Item No. 17E February 27, 2007 Page 114 of 128 4.2 ONSITE SURVEY Prior to conducting onsite investigations, a comprehensive list of potential protected species was assembled. This list includes each habitat type observed onsite and all potential listed species known to occupy similar habitats. Table 4-1 lists potential protected species by FLUCFCS Code. The onsite species survey was oonducted by traversing parallel t1'al1sectB through each habitat type while observing the terrain for sigus of listed species. Transects were spaced to a minimum of 75% visual coverage of each community. Upland habitats were observed for signs of gopher tortoise, indigo snakes, fox squu'1'els, bear, panther and other species indicative of such communities, No signs of listed speoies Wel'e observed in the " upland areas. Wetlands Oil the Kaicasa site were observ~d primnrily for the prese.nce of listed wading bird species. During a September 22ltd field investigation, s~veral species of listed wading birds wel'e observed utilizing the onsite wetlands. Table 4-1 delineates listed species obsel'ved during the survey, ~7- Agenda Item No. HE February 27, 2007 Page 115 of 128 Table 4~1: Potential Listed Species FLUCFCS 211 Go her Fro Eastern lndi go Snake Go her Tortoise Florida Panther Florida Blaok Bem: Eastern Indi () Snake Bald Ea&le FlQrida Panther Florida Black Beat Observed (Y N N N N N N N N -8~ Table 4-1: PotButhtl Listed Sl)ccics; Continued Agenda Item No. 17E February 27, 2007 Page 116 of 128 FLUCFCS 512 617 Common Namo American Alligator Lirn kin Reddish E et Snowy Egret Little Blue Heron Tricolored Heron WIrite Ibis Florida Sandhill Cnme W1100 lng Crane Wood Stork Ros6!lte S oonbill Limpkin Reddish Egret Snowy Egret Little Blue Heron Trioolored Heroll White Ibis Florida Sandhill Crane Whoo ,in Crane Wood Stork Roseate S oonbiJ1 Observed (YIN) N N N N N N N N N N N iensis /'GtensJs Al'amU8 larauna Egrcita nifcscans E 'ctta thula E /"etta cael'ulea E 'etta tricolor Eudocimus albuB Grus canadensis ratensis Grus amer/calro Myctel'ia ame1'icana. A a'a maia N N N N N N N N N N Lirn kin Reddish E rl'ct Snowy Egret Little Blue Heron Tricolored Heron White Ibis Florida Sandhill Crane Whooping .Crane Wood Stork Roseat.e S oonbill l'atensis N N N N N N N N N N H9~ Agenda Item No. 17E February 27, 2007 Page 117 of 128 Table 4-1: Potcntlnl Listed Species; Continued FLUCFCS 641 . .i Common Nanna Limpkin Reddish E 'et Snowy Egret Little Blue Heron Tricolored Heron White Ibis Flodda Sandhill Crane WIloe,in Crane Wood Stork Roseate S ooubill . 749 Scientific Name A7'al1IUs al'C7UnC1 E . 'ot/a 7'11 eSC8T1S E retia thula E retta cae7'ul~a E 'elter tricolor Eudoaimus albus Ortis canadensis 'Jratensis. Grus amel'Jaana M cterfa am@l';cana Observed Y N N y Y N Y N N N N Rana Ca ito Dl Jmal'chon cO/'a;s couper! GopheJ'us Polyphemus GT'US canadensis ratemlis G"us alner/cema Atltene cunicularia ._ Felis 001100t01' coryl U/'$US amel'icQl1us/loridaT1Us N N N N N N N N -10- Table 4-1: Potential Listed Species; Continued. Agenda Item No. 17E February 27, 2007 Page 118 of 128 Lim kin Reddish E et Snowy EgJ'et Little Blue Heron TrIoolored Heron White !biB Florida Sandhill Crane Whoa ing Crane Wood Stork Roseate S Joonbi11 'N N N N N N N N N N T'atensis -11- Agenda Item No. 17E February 27, 2007 Page 119 of 128 5.0 WILQLIFE MANAGEMENT PLANS Although 110 signs of federal 01' state listed species were observed on the Ksieasa property during the Protected Species Survey, the site does contain suitable foraging habitat for use by several protected species. Development of the site is not expected to adversely affect listed species. bu.t potential impacts may require specific wildlife management plans. Wading Birds FLUCFCS Codes 512 (Canal), 617 (Mixed Wetland Hardwoods), 625 (Hydric Pine Flatwoods)) 641 (Freshwater Marsh) l:lnd 643 ~Wet Prairie) all provide suitable foraging habitat for wndillg birds on the Kaicasa project site. Little blue herons, Bnowy egrets, and white 1bis have been observed foraging in wetlands during onsite investlgations, 111 addition, Kaictlsfl. is located approximately 13 miles southeast of the Corkscrew Swamp Sanct.uary, a blOwn wood stol'k 1'Ookel'Y. The laok of forested wetland communities onsite limit potential utilization of Kaicasa. by wading birds for roosting, but its proximity to the Corkscrew Swamp SanctufU'Y means the site is within the core foraging area for wood storks. Continued maintenance of the hydrology and vegetation within retahled wetlands in combination wi1h proposed water management features will provide enhanced forage opporlunities for wood storks and other wading birds tlu'oughout the yoar. Of28.26 acres ofwetlallds ol1site~ 22.49 aores lU'e proposed to be pl'escl'Ved, Pn~serve areas will also include upland connections between wetlands. Hydraulic oOlU1ectiol1s between wet and dry stom, water management a.reas and the preserved wetlands will be designed to maintain a healthy hydtopel'iod, TillS will continue to provide well-established foraging locations ovet' a wide range of seasOJlal water levels. Additionally, all surface water management lakes will include littoral plantings. which provide forage and cover to small fish~ ll1aCl'oinvertebrates, and other forage species, The lakes and wetlands will be maintained free of invasive exotic vegetation providing perpetlJal habitat for va1'ious w~ding bird species. -12- Agenda Item No. 17E February 27, 2007 Page 120 of 128 Enstel'll Indiao Sn81~e The standard protection measures for the eastern indigo sna.ke will be implemented during all clearing and COllstruction phases of the project. Educational materials will be provided for all COllstl'Uction crews to follow. Educational ma.terials will include pamphlets and a 24-inoh by 36-il1ch postel' that shall be conspicuously hun.g at the constrllction entrance for the project. The pam.phlets and lmster will include the following information: a. A description of the eastern Indigo sua1ce, its habits, and protection under Federal Law; b. Instl'Uctlons not to haml, injure, harass or kill tliis species; c. Directions to notIfy the qualified biologist or designated leader if a snake is sighted~ d. Directions to cease construction activity, notify the qunlified biologist, and allow the snake sufficient time to move away from the site 011 its own before resuming construction; e. Telephone numbers ofpertineut agencies to be contacted if a dead ellstern indigo snake is encolmtered. J J -13M \ ) Agenda Item No. 17E February 27,2007 Page 121 of 128 FJol'1dn Black BellI' Although no signs of Florida black bear were observed duriug auy of the surveys or site visits on the property, potential black bem' encounters are possible. Kaicasa is bound to the north and east by large agl..'ictlli-ura.l and undeveloped areas. Theses areas, and lands adjacent to them, are within Ule range of reported bear sightings. The following meastu'es will be takel1 in Dl'der to protect the black bear: 1. Informational wildlife alert signs will be posted and maintained by the developer and/or Home Owners Association in perpetuity, Tlus signage will infonl1 residents Ilnd guests of the potemtlal for bear encounters. I. 2. The developer and/or I-lome Owners Association sball be responsible for insuring that all residellces shall be provided with wildlife pl'oof garbage can enolosures. Garbage cans are to be stored within a seoured StruOhtt6 until the morning before garbage colleotion. 3, The deve101,er and/or Home Ovmers Association will be responsible to insure that all residents shall keel' all pets indoors or within a fenced yard, unless it is on a leash lmder the COl1tl'Ol of the OWller. Dogs, cats and other domestic animals will not be permitted to range freely within the development or any of the preserves. 4, Should a beat be encountered witlun the development, it should be left undisturbed BO that it can oonthme to its destination. However, if n hem: continues to remain in the development for several hoUl's, the Florida Game and Fresh Water Fish Commisskm wiIl be contacted so that they can provide appropriate a.ction to assist the bear out of the development. Under no condition is the bear to be disturbed, hann~d, molested 01' fed, 5. Bear relocation w1l1 only be used as a last resolt if the bear conthmes to rctU1'1\ and become a nuisance or tllreat to the residents. All bear encmmters are not oonsidered a ~14~ Agenda Item No. 17E February 27,2007 Page 122 of 128 nuisance or a threat, unless they remain in the area for long periods or time, and continue to return over several days. The Florida Game and Fresh Water Fish CommissiOll is responsible rOl' detemlining the status of the bear and what action is necessary , Florida Panther Mitigation for impacts to Pal1ther Habitat will likely requ.ire the offsite purchase of credits from a certified Panther Mitigation Bank. or the purchase of suitable panther habitat. The quantity and type of panther mitigation will be negotiated with the US Fish and Wildlife Service through consultation under Section 7 of the Endangered Species Act of 1973, as amended. -15. Agenda Item No. 17E February 27, 2007 Page 123 of 128 6.0 REFERENCES Florida Department of Transportation, State Topographic Bmeaut Thermatic Mappl.11g Section. 1999. Florida Land Use, Covel' aud Forms Classification System. Procedure No. 550- 010-00t-a. Florida Fisl1 and Wildlife Conservation Commission Eagle Nest Locator U.S.D.A, SoH COl1servati0l1 Service, 1984. Soil Survey ofColIier County. 21B pp. Florida Fish Bnd Wildlife Conservation Comnlissioll~ 2004; Florida's Endangered Species, Threatened Species and Species of Speoial Concem U.S. Fish and Wildlife Service; Endangered and TIU'eatened Species of the Southeastel'11 United States . U.s. Fish and Wildlife Service, 1999; Florida Panther ConsultationAreaMl;lp ~16- ,. 1 ... ---""'-'.--- -..j 'I I I I 1 I I Agenda Item No. 17E February 27, 2007 Page 124 of 128 J anuElry 5, 20Q6 EmaHed to: < SusanMason@coUiergov,net> Susan Mason Senior Environmental Speoialist Collier County Enviromnental Services Departmont 2800 Horseshoe Drive Naples.. Florida 34104 Service Log. No.: 4-}l105"PL-12812 Dnte Received: July 18, 2005 Projeot: Kaicllsa PUD EIS County; Collier Dear Ms. Mason: Thank you for your letter dated July 14, 2005~ in which you requested the Fisb and Wildlife Service",s (Servioe) review and technical assistanoo on the KllicRan POD Enviranmerltal Impact Statement (E1S). This leller pl'ov-ldes the ServicG=s comments on the above referenced project, . PROJECT DESCRIPTION The Comer County Environmentlll Services Department is considering an application to rezone an ar611 from agricultural to residential planned uni.t dev.elopment. The proposed project will consist of 400 residential units with oorn.munity amenities and preserves on n 100.-acre site. Tile project site Is located on the eaEltside 01 S.R. 29 immediately soutb nnd e.ast of Farm Worker Village in Section 12, Township 47 South, Range 29 Ee.st, CollierCountyl Florida, THREATENED AND ltNIlANGERED SPECIES The Service has reviewed our Geq.graphic Infol11la.tion System (GtS) database for recorded locations offederally llsted thrC3B.tened and endungcred spe[;lies on. or adjacent tQ tbe proposed project site. The GIS database is a compilation ofdnta received from several sources. The S ervioe 11M not conducted a site tnspectioJl to verity species occurrence or validate tho GIS results. TIlere is no designa.ted oritical habitat on the proJect site. The Collier County Envitomnental Services D~pllliment hilS req\le~tcd that the S.ervice review the BIS and address the appropriateness of the listed species surveys p erfonned by the appllcantQ and providolechnioal assislance regarding the Florida panther (Pm!IQ cDl1calOl' cOI),l ). and black beet (Ur.ms ameriCa/IUS). Since the black bear Is not H federally-listed Sl?eci~lll the .Service recommends Agenda Item No. 17E February 27,2007 Page 125 of 128 '.'1 ....1 , l I Susan Mason Pna)e 2 1 1 I I \ 1 I I I . \ th~ Counl~ also contact tbe Florida Fish and Wildltftl Conservation Commission (FWC) for ~pet:ifiq questions regarding projeot affects to sttlle-listed species, sl,u:;h as the blaok bear. The Servioe assumes that listed species occur in suitable ecological communities and recommend site surveys to d~tel1I1ihe the presence or absenoe oflhited species. F01' highly mtlbi1c, diffioult to del~ct, or lltlcredve specieR. the ServIce may assume th~it .presence even if rmrveys do not cOllilnn their use of the site. The Servicl:J has determine~ tha.t the KaiQllsa PUP project .111aycontain habitat suitable for the endangered wood stork (M)lctel'la amel'icallfl), the threatened easlem indigo snake (DI'Ylllal'olro1l C07'Dis cOllperl), the! tlueatened bald eagle (!iatiaeatils l~lwooep'uilll$), and the endangered Florida pantlter. The E\Pplicaut's oonsultant perfQrmed listed sp.eaics surveys. on March 4 a.nd March 7~ MOS. No Biws oflisted fWl'.!cies were o\)s~rved dUrins.tbetwo sqtvey P~riOdSI A bald e~gle pest is ltnown ttl be located appro:ximately 1 mfle north of the project site. as noted by. the consultant, but the March 2005 survey did not reveal an)' signs of eagles nes(lng011 the projeot site, Bald eagles build large, conspicuous nests and most eagJes 6.$1 eot ne~t trees that."llre lar.g~r and talJar IhM .sUlTounding treef!, when suitahle habitat is present and no nest is reported in the FWC database. Il. singie pfldestrian survey at any time during tbe year ill adequnte lo detennine if a bald .el\"gle nests it'l the ptoject area. TIle Servioe~ therefore, would aooept the aonaultant~s survey as ev.idel)oe that er'igteaare not nClsttng within the p:i'GJeol area, However, eagles often build altematll nests near existing nests. Tnus, depending 011 the leQgth of the plannfng' process, the Service ins)' request another, more u.pdat~d survey if we enter into con~u1tation with- the Coxps.ofEngino~ra (Corps), The oth.er three species of concetna tbe wood stork, the eastern indigo snakes and the Florida panther, are rarely detected with surveys such as thosep-erfomt~d b~ th~ applicant's consultant. We currently do not have a relinble method to survey for indjgo sl1akes. Because indigo snakes U$B a varletyofhabttat typos and they have large home ranges, it is llkely that indigo snakes occur wiUl1n the project area. The potential exists for dIsturbance or harm to individual indigo snakes and the Servioe recommends that the I:.pplicant incorpot'ate {he Servtoe"s Sta1Jdal'd Protect/OIr Measrwcs /01' the EasicI'u lJldigo Snake (Service 2002) into their project phms for any ot:)nstruction or land clearing activities. '1 , \ . 1 1 I -, I Wood storks wo.highly mobile aninlals that utilize a wide range of wetland habitats. A wetland suitable for wood stork foraging needs to include a tno~ato ofem~rgant ~d shallow op~t1 Waler areas. The emergent component provide nursery habitat for slllall fish, frogs. and aquaUc insecta and the shallow, openNwnter areas provide sites fur concentration ofthe prey outing seasonnl dry. down oftbf3 w~Uand. The Service a~(;UmGIJ thal the wetlands ~'m the project site provide foraging opportUmt1es fur wood storks. As .suchs the SerVioe recommendll that an evaluation offhe foraging value and wood Iitork utilization potential of e>eisllng wetlands an4 other a.urfaoe watere, and a,n analysis of foraging prey base ~C1sses be perfonn~Cllls part ofthe proposed proj.~.ot. The Service also r~ommendB that compen8ndon fur any losl or impacted wood stork foragIng. hnblHlt be included in the projeot ptopolia1. The S~rvice notes tbtlt tbe oornpen.B~tion w.etlands should provide habitat for forag!, fishell, as ~ell as, shallow open water ar~as that concentrnt~ pray during periods of dty~down. Ltttorall1be1ves around lakes, though valuable a~ habitat for small fish. aquatic Agenda Item No. 17E February 27, 2007 Page 126 of 128 '-1 "..1 ! I SU&W1 Mason Page 3. inseots, and frogs, typiclllly do not provide the .featu1'es necessary tQ conoentrate prey. Howev"t', they oan providCl valuabl6 habitat to wading birds such as herons and egrets that forage by sigl1t. 'j 'I '1 I The Florida panther also is rarely detected with surveys. However, the proje.ot site is within the c.urrent range of the Florida panther and appears to oontllin habitat suitable for use by the panther, Potential affeots to 111e pnnl:her are addressed below. Florida panther I I ] I I I I I I . 1 :.1 Our reoords indicate at least three individual Flolida panthers have been documented on or immediately adjac.ent to the projeot site. Two of the panthers are deceased. but onl;l p~ntber. FP 65, is known to be alive. There IlIao are numerous rad.io~MePletry locations recorded for panthers with.i.n 5 miles oftbe site. These te.lemetry locations typloallyrepres-ent daytime resting sites and are not a comprehonsive set of locations for habitat use, A::r.eaB ar.o1i11d these telemetry l'olnts ate panther habitat providing. fimotional value to pantner& (Qomis1cey 5t. a1. 2002). Telemetry locations only apply ta panthers that historically had oollars on themj they arc not a comprehensive database ohuiiable habitat for panthers. Furthcnnore, tel emetry data: are primarily available auly where effoJ;t has beOf). spent capturing panthers. As an example) effort over the past :3 years has focused prixuai'ily in the Okaloacoochee Siough area,; therefore. there will be relatively little telemeity i.nformation fQr other areas durh;rgtheso years. The statu.s nnd aotiVlty ofuncollared panthers is -not known. I . I The Service notes thnt the BIB incorrectly statos that he project site is locat.e.d outside panther priority habitats. In faot, the project is located within the Floiidll pantherprlmary zone as defineo in the report titled How Much Is Enough? Lrmdscape~scale C0I1ge,,,atiOll f(Jf the Florida Panther (Kautz et aI. In Review). It is also located within Florida panther [jOnGultation area identified in the Service's Pinal Interim Standard Loc{ll Operating Pl'oc(Jdul'esfo~' Endangered Specf.e8!or the Florida Pallther (ServiDe 2000), as correctly Dated in the BIS. In its current design, the Service bolieves that the p.roject will result in a loss of primary zone panther habitat and we will1ikely. enter into formal oonsultation with the Corps if a publio notice il:l issued for the. proposed watland impacts. To evaluate proj eot effects to the Florida panthe;r:, 111e Servioe considel:$ the contributio.llS the project lands provide ~()the Florida panth~.recognizing nota11 habitats provide the sarne funotional value. Thelooation of n projeot in the landscape of the core area of the Florida panther is alsQ important, Lands in the panthei' primary and. dispersal Mnes are of the most importance in a landscape context to the Florida Pmlthel', with lands. in the seoondat.y zone.ofless importance, and lands in the other zone oflower importance. These zones affeot the level of compensatio11 the Service beHoves is necessary to rni:cltnize a project's effects to Florldll.panther habitat. The Service has develaped a spreadsheet-based habitat ~se!lsm.ent method (panther Habitat Ass6ssment Methodology)~ which CfUl be used to detennine the functional value of the project lands and oompensation lands to the panther. The Servioe reoominendsthe us~ afthis ..-] ~.l , .1 , I '\ . I 1 \ -I . ] I 1 I i I ! I . .I , I Agenda Item No, 17E February 27, 2007 Page 127 of 128 Susan Mason Pag~ 4 method.ology to evaluate habitats at tha proj eet site and to determine l'eQommended .compensa.tion to offset impaots to the panther, We encourage the appli'cant to (\o~sult with th~ Service threugb.out this process. Thank you fOl'the opportunity to c.omment. If you have question~, pleas~ contact me via email at Mary_Peterson@fVlrB.gov or phone at 772-562-3909l oxtension 327. Sine-erely yows, Mary Peterson . Fish and Wildljfe Biologist South Florida Eto1ogioal Servioes Office LITERATURE CITED .'. Comiskey, E.J., a.L. Ba.c;s, Jr., L.J.'GroBs, R,T. McBride, and R, Salinas, 2002. Panthers and forcats in south Florida: an ecologioal perspective, C~nBervqtion Ecology 6(1)118. [onUneJ URL: http~llwww..aonseoo1.arg/vo16/is& 1/art18. U.S. Fish and WUdnf~ Service (Servioe), 2000. Final Interim Standard Loo~l Operating Procedures for Endangered Speoies for the Florida Panther, Fish and Wild.1ife Servic~ South Flocida Ecologioal Services Officoj Vero Beach, Florida. u.s Fish and Wildlife ServiQe (Service). 2002. Standard Protection Meagur.es for the Bnstem. l'ndigo Snake, Fish and Wildlifl:\ Service, South Florida ECQlogjoal Services Office; Vera Beaohl Flotilla. Agenda Item No. 17E February 27, 2007 Page 128 of 128 FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secret':.lry of State DMSION OF HISTORICAL RESOURCES Mr. A. Gary Nychyk Johnson EngIneering, Inc, 2158 Johnson Street Fort Myers, Florida 33901 June 6, 200S Ill: DHR Project File Number: 2005-5324 Received by DHR June 1 2005 Habitat for Humllnlty - Knicnsa RPUD Along Stllte Rond 29 Folio No. OOl3752XQ09 and 00137241004 Collier County .., Dear Mr. Nyohyk; In IlCCOrdllllce wltl1 tlle procedures contained in the nppUcnble local ordinance or land devcIQpment ooda, We reviewed the referenced project for possible itnpnct to oultural resources (any prehistoric or historic district, site, building. stnlcture, 01' object) Hsted, or eligible for listing, in the NatloJ/al Register of Hill,torte Places, or otherwisB of historical, archaeological, or architectmal value. We have reviewed the Florida Master Site File and our records and nO cultural resources are known to exist in the aren of potential effeot, Therefore, based on the infonnntion provided, It is the opinion of the offioe that no cultural resources will be affected by this undertaking. However,ln the event thflt forlultous finds or unexpeoted discoveries, such as prehistorio or historic artifoots, including pottery or ceramics, stone tools ot metal implemonts. or other physioal remains that could be associated with Native American cultures, or early colonilll or Amencnn settlement are encountered at any time within the project site area, the project should cease all actlvlti~B ;nvo)ving subsurfaoe disturbance In the immediate vicinity of such dIsooveries. The pCJn1lttee. or other designee, should conI net the approprinte Colller County pennitling office. In the event that unmarked human remains are encountered duting pClmitted activities, all work shall stop immediately and tbe proper ll.uthonticB notified in accordance with Section 872.05, Flol'ida Statutes. If you have any questions concerning our comments, plense oontnct Scott Edwards. Histonc Preservationist, by electronIc mail sedwards@dos,stateJ[,!ls, or at 850-245-6333 or 800-847-7278, Sincerely, ~- tl. ;I~..~ tkp-a, Sf/-PO '-lA. Frederiok P. Gllskc, Director. and o - Stale Historic Preservation Offioer 500 S. Ilrllnough Street . 'l'allnhnsscp., FL 32399.02S0 . http://ww..l..f1betltDge.col1l n Dlraclnr'p OHlce a ArchllBolo81c41 n~gearcll Ii!I Hlsh"lc Prl!llcrvatl(}n 0. Hlslorkal MUGeumG (1l50} 245.6300 · !lAX: 24S'6~36 (aSG) 245-641.14 . FAXi 245.M96 (850) ~45.6S3!1 ' flAX; 245.6437 (650) 7il/i.640~ . FlAX; 245-6433 as(}uthcast Re[lional Dfflcll 0 Nortllf!;lOt RestGnnl Ofll~u I::I Cl!nh:J!1 Florida nClllllnnlOfflce (954) d67.4.990 ' PAXI4.67 -4991 (9(ij) 825-6045 . [lAX: 825'-504~ (813) 2.n-3843 · FAX~ 'l72-2340