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Agenda 03/27/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 27, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC 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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, 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. 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 8 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. February 27,2007 - BCC/Regular Meeting C. March 6, 2007 - BCC/Strategic Planning Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Mark Burtchin, Transportation/ROW 2. Robert Wiley, CDES 3. Maria Sillery, Alternate Transportation Modes 4. Judith Scribner, Emergency Management 5. John Poczynski, EMS B. 30 Year Attendees 1. Jan Bennett, University Extension 4. PROCLAMATIONS A. Proclamation to honor the North Naples Fire Control and Rescue District for stepping up to the plate to help meet the housing needs of its employees. To be accepted by Chief Michael Brown, North Naples Fire Control and Rescue District. B. Proclamation to honor and recognize the contributions Patricia McKay helped visualize and commemorate her as a person who truly cared about the people and the environment in which she lived. To be accepted by Mr. Dennis McKay. C. Proclamation to designate March 25 to April 1 , 2007 Philharmonic Center for the Arts Week and March 31, 2007 to be declared Myra Janco Daniels Day. The Naples Philharmonic Orchestra is celebrating its Silver Jubilee, with a star-studded anniversary gala honoring its CEO and the Founder of the Philharmonic Center for the Arts, Myra Janco Daniels. To be read by Commissioner Frank Halas and accepted by Ms. Myra Janco Daniels. 5. PRESENTATIONS A. Presentation by John Carlo on status of widening Rattlesnake Hammock Road. B. Recommendation to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier Countys Outstanding Team for Winter 2007. 6. PUBLIC PETITIONS A. Public Petition request by Dominic Chuirco and Marilyn Toohey to discuss sound barrier for Berkshire Village along Santa Barbara Boulevard. B. Public Petition request by Ronald Talerico to discuss permit to fill water drainage area. C. Public Petition request by David Crowther to discuss reduction of composting material going into the landfill. Page 2 of 8 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. VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay Services Division Board. B. For the Board of County Commissioners to request that County Manager Jim Mudd have EMS Director Jeff Page's letter to North Naples Fire Chief Michael Brown, dated October 16, 2006, officially retracted. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 3:00 p.m. Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Agreements. B. Recommendation to approve the approach to the Willow West Stormwater Improvement Project located in the Willoughby Acres Area, County Project No. 510076. (Norman Feder, Administrator, Transportation Services) C. This item to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. (Mike Sheffield, Assistant to the County Manager) D. To be heard immediately following Item 14B. Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. (David L. Jackson, Executive Director, Bayshore/Gateway CRA) (Companion Item to 14B) E. Recommendation to: (1) Approve a Change Order to continue Phase II of Work Order # UC- 250 under Contract # 043535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1,181,157.00 for this project. (Jim DeLony, Administrator, Public Utilities) F. Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. Page 3 of 8 G. Recommendation to approve an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of construction and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No. 511011) (Norman Feder, Administrator, Transportation Services) H. Recommendation to approve the purchase of Property Insurance for the period April 1, 2007 through March 30, 2008 in the amount of $4,596,397. (Len Price, Administrator, Administrative Services) I. Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program. (Len Price, Administrator, Administrative Services) J. Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for the replacement of the existing Community Development and Environmental Services computer system. [$1.99 million] (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC, acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filling, and to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. B. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to 10D) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 8 -----------------------------------------------------------------------------------..-----..-----....---..-------------------------.-.----------.-. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --.-..----..------...----..-----..-..----.--....-...-....-..---------...---------..-----..--------.---...--...-----.--.-..---....---....----------...----.-.--- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 2. Recommendation to approve a modification to Resolution 2004-04 and Commercial Excavation Permit No. 59.648 "Winchester Lake Commercial Excavation, located in Section 16, Township 48 South, Range 28 East to allow for increased excavation to a depth of 30 ft 3. Recommendation to approve the Release and Satisfaction of Lien for payments received for the following Code Enforcement actions 4. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Victor George 5. Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. 6. Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 529 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant, renew, or extend any cable television franchise. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of 5.15 acres of unimproved property (Parcel No. 206) 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: $569,784.50) 2. Recommendation to approve an Access License between Collier County and South Florida Water Management District to allow access across County-owned property at no annual cost. 3. Recommendation to approve an Access Easement Agreement (AEA) between Morande Enterprises, Inc. (Morande) and Collier County to provide for shared access and interconnection for properties located between Davis Boulevard and Radio Road. 4. Recommendation to approve the purchase of improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $567,450) 5. Recommendation to approve the Amended and Restated Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company. 6. Recommendation to approve Work Order #QE-FT-3773-07-01 for a construction project to Quality Enterprises USA, Inc. for Radio Road (C.R. 856) Intersection Improvements at Livingston Road (C.R. 881), using the Annual Contract for Roadway Contractors, Contract No. 05-3773, Project No. 60016, in the amount of $328,044.13 Page 5 of 8 C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $200.00 to record the Satisfactions of Lien. 4. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $127.00 to record the Satisfactions of Lien. 5. Recommendation to award Bid Number 07-4114 Henderson Creek Subdivision Water Distribution Improvements in the amount of $775,081.65 to Kyle Construction Incorporated, to complete the rehabilitation of the water distribution system to service the Henderson Creek Subdivision, Project 710101. 6. Recommendation to award annual contracts to selected firms for trench less sewer system rehabilitation contracting services per bid 07-4088, project 73050. 7. Recommendation to approve execution of a Proposal to Provide Utility Consulting Services, not to exceed $9,500, to assist the Collier County Water-Sewer District (the District) and the Florida Governmental Utility Authority (FGUA) in the establishment of wastewater service rates to provide bulk service to Golden Gate City (the City) as served by FGUA, and to develop wastewater impact fees for providing long term bulk service to the City. D. PUBLIC SERVICES 1. Recommendation to award bid #07-4076 to Cheney Brothers and Vistar Specialty Markets/Roma Foods for concession food resale and paper products at North Collier Regional Park at an estimated cost of $145,000 for FY 07. 2. Recommendation to approve master agreements relating to grants awarded to the Services for Seniors programs and authorize the chairman to sign the master agreements between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. 3. Recommendation to approve a Grant Application and Certification of Application by the Board of County Commissioners, and the signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant in the amount of $500,000 for the Marco Island Rose Hall. 4. Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the Collier County Group Health and Flexible Reimbursement Insurance Plan Documents effective January 1, 2007. Page 6 of 8 2. Recommendation that staff be directed to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding traffic education to driver education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a students time be behind- the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the Dori Slosberg Driver Education Safety Act. 3. Recommendation to approve an Agreement for Sale and Purchase with Bernard Oetting and Gabriela Oetting for 2.28 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $51,500. F. COUNTY MANAGER 1. Recommendation to approve two after-the-fact letters of endorsement to the East Naples Fire Control and Rescue District for Emergency Medical Services Matching Grant Applications being submitted to the Florida Department of Health 2. Recommendation to approve a memorandum of Understanding between the Ochopee Fire Control District and the National Park Service, Big Cypress National Preserve 3. Recommendation to reject Bid # 07-4108 for the purchase of Emergency Medical Services Uniforms. 4. Recommendation to approve the submittal of a grant application to the Community Foundation to fund the attendance of staff to a Conference in the amount of $1,700. 5. Recommend Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the VIP Key Private Bank Sponsor Reception at Alico Arena on March 23, 2007. $25.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the Veteran Services Department luncheon, honoring volunteer drivers on March 7, 2007 at the Elks Lodge on Radio Road. $16.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC Excellence in Industry 2007 VIP Kickoff Celebration on March 26, 2007 and is requesting reimbursement in the amount of $19.95, to be paid from his 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 March 03, 2007 to March 09, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of March 10, 2007 through March 16, 2007 and for submission into the official records of the board. Page 7 of 8 3. Request that the Board of County Commissioners authorize a public notice to be published of one public hearing regarding Sheriff Hunter's recommended Ordinance to establish policy regarding physical separation at emergency shelters between potential sex crime victims and sexual predators and sexual offenders, and to place this recommended ordinance on the Board's summary agenda. K. COUNTY ATTORNEY 1. Recommendation to Approve a Stipulated Final Judgment as to Parcel 116 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: $27,600) 2. Request to Replace or Amend Collier County Ordinance No. 81-42, as Amended, the Local Occupational License Tax Ordinance, to Change the Phrase Local Occupational License Tax to Local Business Tax and to Revise the Term License to Receipt as it Relates to Local Business Taxes. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants to be sworn in and ex parte disclosure provided by Commission members. Recommendation to approve Petition AVESMT-2006-AR-10745 to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the fifteen foot wide utility easements B & C as recorded in and created by Official Records Book 1648, pages 1502-1506 and lying over Parcel 1 & 2, according to a plat of Berkshire Commons Parcels 1, 2 & 3, filed in Plat Book 38, Page 30 and 31 of the Public Records of Collier County, Florida, said vacation area being more particularly described in Exhibit A. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-2007-AR-11284: An ordinance to correct a scrivener's error in Ordinance Number 02-55, for the Baldridge PUD, to correct the omission of Standard Industrial Code (SIC) 6021 for commercial banks located in Section 18, Township 49 South, Range 26 East. C. This item was continued from the February 27,2007 BCC Meeting. 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 multi-family 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 8 of 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 27. 2007 Withdraw Item 6C: Public Petition request by David Crowther to discuss reduction of composting material going into the landfill. (Petitioner's request.) Item 10A: Page 8 of 10, the sentence in the legend should read: "Table showing each Department's total Engine Reporting compliance for 2007 (rather than 2006) (expressed in days). N=54 days". (Staff's request.) Item 10E: Pages 10 through 19 of this item are attachments for Item 16C7 rather than 10E. (Staff's request.) Move 16A5 to 10M: Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1772 (companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. (Commissioner Henning's request.) Item 16D1: Add as part of the Fiscal Analysis: "At this point the County is spending $145,000 and anticipating $420,000 in revenues. The County is marking up the food and drinks approximately 60 percent." (Commissioner Coyle's request.) Move Item 16D4 to 10K: Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina, Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments. (Commissioner Halas' request.) Move Item 16F5 to 10L: Recommend approval of resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. (Commissioner Coyle's request.) Time Certain Items: Item 10C to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. Item 14A to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC, acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filing, and to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. Item 10A to be heard at 3:00 p.m. Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Agreements. Item 10F to be heard after 3:00 p.m. Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. Item 10D to be heard immediatelv followinQ Item 14B: Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank IT B) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. Agenda Item No. 4A MarC1127,2oo7 Page 1 of 2 WHEREAS, NOW THEREFOR, Collier CDUnty, hereby reCi .r housing programfd'. missioners of of Collier District is '.9 an affordable es of the Distrk:f. DONE AND ORDERED THIS 2Jfh Day of March, 2007. BOAR/) OF COUNTY COMMISSIONERS COU:IfBAI'PUNTY.~' '.' ':?ORI/)A /l ~ /' . . ./T . ..' /' i /I' . , ~.~/:. _~f\...~ / ~COLETTA, CHAZ7?MAN^. "_.__ l .- Agenda Item No 4A March 27,2007 Parle 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A Proclamation to tlonor the North Napies Fife Control and Rescue Dlstnct tor stepPing up to Ule plate to tlelp meet the housing needs of its employees. To be accepted by Chief Michael Brown ~wrth ~~aples FIre Control and Rescue District Item Summary: Meeting Date: 3/27/200790000 AM Prepared By Lisa Resnick Executive Aide to the Bee Date Board of County Commissioners BCC Office 3/14/200711:21:09AM App roved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 3/14/20071 :07 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/15/200712:04 PM - - Agenda Item No. 48 March 27, 2007 . Page 1 of 2 PROCLAMA TION ,- ,~~,:!' :-:0:1if" :-, ',,',,", :. <>'~;'Y;~:,,;:~i~ --'c ;" ~ ,,;\ ,:. ~ , . <~i~;;:::'i Patricia McKay, ares/dent of Port of the.Islandssincel998, WQ$ the treasurer for the Stella Marli' Homeowners AntIClatlon and served on tlte Board where she sDU!Jhf to JlI1provethe quall'fyoT life. a/those living In the Port o~. the .Islands community: anti , ,,- ",,':" ;. ,~> . . /x'",:: :~~~5i~i~:,< ,: ,"<::::;,:'" ,'. WHEReAS.,. tftroiigh her involvement" she urged tlte Port 0/ the .Islandl'}' .: Community Improvement District Board to widen Newport Coy fm. a bieyelepath~ a projectwhl~#WQscDmplefed lasfsinnmer/ and. ',i,' ",.,.-'" . I,;';:',J~ '('.' ;:"t" !:~ "'iJ;: I:, "",",. Patricia MeKay worked with County staff, and her eO/MJunityto establish (1 local votlng./ocati()IJso. that ~idents would not . haveftJ drive 15 miles to vote, initia,ting positiveaeti()IJthrtXl!Jh government ., partielpat/on: and. . ". . . , - ".:.';, -~' _ .i: J, - ' . : the Florida Department oT Transporfa'i"l1 (FOOT) had Prouram;;"ti . ;$300. 000 with Federal Enhancement Program funds in iti; Five- Year Work Program for enh tiS 4J' (State Road 92 to the Dade County l,j s~,!ation. asa National $cenlt:Bywa "ted .to'eha~the Jdesi!Jnat." ~t,theMPO\ reCO/fJ ItlndSfaplng . and . Port of the WHEREAS. ion Tor the 'ion project nfortunately, la#"~year;,; Patricia . CommunitY- Wishes to' recognize,: l!.... and commemorate her as at" 'iiandfheeny/rofllMl1 ' ;~-<'T~ ., ,", -, '~':~"~it 'l(..,J I",:...'.:,.' ,_ ~ ''''', , ,~ '. ,!.' , : NOW THEREFORE', ber~i;laim# Collier County;"Flo#d,q outstanding commu~it;J iiiicate the Port of the Islands landscaping to her memory and in her honor. WHeREAS, 'Uceumbed to 'ibutlons she '110 truly cared jved. DONe AND ORDEReD THIS 27th day of March, 2007. A TTE'ST: BOARD OF COtlNTY COMMISSIONERS CO!..LIBR a;JtlNTY, FLORIDA I. ./ ! ~ I ./ >' $"'/ / /,.~ ~ xl 1 / /1 "l."V I,......., ,7 ./ '?,.~ .,"7"-~.#.../ " f/':;.-".~'</ J ~"""7</ ,"7- , i. r. ~~ { 4'... ,..... ~ /~,....... ';TAM~ diJLmA, CflAIRMAN ....,. 'i-B, ~~ Dd . E'. 8R.. .CLE'RK. " Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Aaenda Ilem No. 48 ~ March 27, 2007 Pa[je 2 of 2 Proclamation to honor and recognize the contributions PatriCia McKay helped visualize and commemorate ~ler as a person who truly cared about the people and the environment In which she lived, To be accepted by Mr Dennis McKay 3127/20079 0000 ~.M Prepa red By Lisa Resnick Board of County Comm issioners Executive Aide to the BCe BCC Office Date 3114/200711 :22:14 AM App roved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office Date 3114/2007 1 :06 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 3/151200712:29 PM ,- WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA TrON Agenda Item No. 4C March 27, 2007 Page 1 of 2 the Philhannonic Center for the Arts enriches lllld inspires the lives of the citizens of Southwest Florida; lllld, the Philhannonic Center for the Arts is the premier performing arts hall in Southwest Florida, hosting more than 400 events a year including world class dllllce, opera, classical and popular music and Broadway musicals and enriching the cultura11ife of Collier County and all of Southwest Florida; and, the Naples Philhannonic Orchestra provides artistic excellence each season, increasing their repertoire and adding challenging programs designed to stimulate and enrich audiences of all ages; and, the Philhannonic Chorale, the Youth Chorale and the Youth Orchestra provide oommunity members opportunities to develop and grow their musical talents while enhancing and increasing the musical experiences of concert goers; and, the Naples Museum of Art strives to be a visual arts center for people of all ages and backgrounds while providing educational programs and lectures; and, the Naples Philharmonic has grown from its roots to the tiny volunteer NaplesIMarco Philhannonic Orchestra in 1982 to the award-winning world class institution it is today; and, this growth and development has been made possible through the generosity and community spirit of hundreds oflocal citizens who provide the rich endovvments, donations. and volunteer hours required for a successful community resource; and, the vision and guiding spirit for these great achievements has been Myra Janco Daniels who has capped a highly successful advertising career with her outstanding performance as CEO and under whose inspiring and decisive leadership and constant quest for perfection, the Philhannonic Center has grown and established: · A $19 million, 90, 275 square foot performance hall and administrative center (delivered on-time and on-budget) · A $10 million, 30,000 square foot art museum · A 40,000 square foot oorporate center with two acres of additional land for future enhancement of the Center · A core of remarkably talented musicians and administrators · A world class musical directors, conductors, and artists · Financial stability and a secure endowment - a truly remarkable achievement in this time of struggle for orchestras and museums across the nation · A carefully balanced program of programs and presentations in the arts that surpasses that available in any comparably sized community and is the envy of mllllY major metropolitan areas; lllld, WHEREAS, the Naples Philharmonic Orchestra is celebrating its Silver Jubilee - with a star-studded anniversary gala honoring its CEO and the founder of the Philharmonic Center for the Arts, Myra Janco Daniels. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 25th to April Ist be designated as - PHILHARMONIC CENTER FOR THE ARTS WEEK And Saturday, March 31 sf shall be declared M~ JANCO l>ANIELS /)AY bONE AND ORDERED THIS 27th /)ay of March, 2007. ATTEST: - BOARD OF COUNTY COMMISSIONERS Cot.LIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN l>WII;HT E. BROCK, aERK Item Number: Item Summary: Meeting Date: Agenda Item No 4C lVIarcn 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation tD designate March 25 to April 1. 2007 PhilharmonIc Center for the Arts Week and March 31, 2007 to be declared Myra Janco Daniels Day The Naples Philharmonic Orchestra is celebrating Its Sliver Jubilee. with a star"-studded anniversary gala rlOnonng Its CEO and the Founder of the Pr111harmonlc Center for the .Arts. Myra Janco Daniels To be read by Commls51oner Frank Halas and accepted by Ms Myra Janco Daniels 3/27/2007900.00 AM Date App roved By Leo E. Ochs. Jr. Board of County Commissioners Deputy County Manager County Manager's Office 3/2112007 4:46 PM Agenda Item No. 5A March 27, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: March 27,2007 Contract Number. Project Title. Project Number: 05-3876, Rattlesnake Hammock Road Six Lane Improvements (Polly to Collier) Project Number 60 169 Firm Name: John Carlo, Inc. Proiect Manal!er: Ronnie Hobbs for John Carlo. Jim Zuver for Collier County. Proiect Description: Widening of the existing two lane roadway to six lanes with walks on both sides. Relocating water mains and force mains. Oril!inal Start Date: 01/12/2006 Notice to Proceed Issuance Date: 01/12/2006 Oril!inal Completion Date: 01/1 112008 Oril!inal Budl!et: $ 23,298, I 02.25 Revised Budl!et: $ 23,298, I 02.25 ,- Revised Completion Date: 01114/2008 Reason(s) for Variance: 3 days added for Reason(s) for Variance: increased sidewalk width from 8 feet to 10 feet Actions Planned/Taken to Minimize Actions Planned/Taken to Minimize Variance: Variance: Current Proiect Status: Most of the storm sewers and water main relocation work has been completed. Working on east bound roadway with some curb and walks installed. Starting on force main relocation. As of March 20th: 60% of time and approximately 5601<<, of contract amount. Currently on schedule. .- Item Number: Item Summary: Meeting Date: Agenda Item No. 5.1\ March 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A. Presentation by John Carlo on status of widenmg Rattlesnake HammoCK Road 3/27/200790000 AM Prepared By Date James S. Zuver Transportation Services Field Engineering Inspector Transportation Engineering and Construction 2126/20071 :52:34 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2127/200712:28 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Ser'vices Admin. 212712007 1 :43 PM Date App roved By Steve Ritter Transportation Services Field Engineering Inspector Transportation Engineering and Construction 2/2712007 1 :46 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2/28/20077:49 AM Date Approved By Usa Taylor Transport,ltion Services ManagementfBudget Analyst Transportation Administration 2/28/2007 1140 AM Date Approved By RllOoda Rembert Administrative ServIcE'S Contract SpecialtSI PurchasIng 311/2007 2: 38 PM Date Approved By Steve Camel! Admimstrative Services Purchasing/Gener,~! Svcs- Director Purchasing 3/1/2007322 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 3113/2007 3:30 PM Date Approved By OM6 Coordinator Count}! Manager's Office Administrative Assistant Office of M ilnagemcnt & Budget 3114;2007 e:30 AM Date Approved By Susan Usher Count).' Manager's Office Senior Management/Budget Analyst Office of M8nagement & Budget 3116/20071:55 PM Date Approved By Michael Smykowski County Manager's Office Management &. Budget DJrector Office of Management B.. Budget 3/19/20078:24 AM Date Approved By James V. Mudd Board of County Commissioners County M.anager County Manager s OffIce 3119120077:26 PM Agenda Item No. 5B March 27,2007 Page 1 of 2 -- EXECUTIVE SUMMARY Recommendation to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. - OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. The Intake Team from Zoning & Land Development went above and beyond the call of duty in assisting with the implementation of the Application Processing Sufficiency Review (Intake) Process. The team collectively assisted in creating a workshop guide book, a DVD explaining the new intake process, and the presentation of the Intake Process. The team willingly gave up valuable weekend time to revamp, collate, and purge the Intake Team Files. The team updated all forms and applications for internal and internet users to ensure that all information was accurate and consistent. From July 3rd, 2006 through October 4th, 2006, the Intake Team received 460 requests for one-on-one submittal and resubmittal meetings. Before the launch of the new submittal process, a submittal took an average of 27 days before the planners saw the 'product.' Now, when a request for a meeting is received it only takes an average of 20 minutes to make contact with the applicant and set up a meeting. FISCAL IMPACT: The cost of this request is $250.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources _. .~'"'._.,,~-----,--_..., --_.,.....~,~-~_...__.._,-,...,'>''''''~. Item Number: Item Summary: Meeting Date: Agenda Item No. 5B March 27. 2007 Page 2 of 2 COLLJER COUNTY BOARD OF COUNTY COMMISSIONERS 58 Recommendation to recognize Roger Jervis Ivette Monrolg Judy PUlg, Mike Levy, & Connie \Nhlteway as Collier Countys Outstanding Team for Winter 2007. 3/27/20079.00.00 AM Date Approved By Jean Merritt Administrative Services Human Resources Director Human Resources 3/12120075:36 PM Date App roved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. 3/13/20073:04 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/14/20078:32 AM Date Approved By Laura DavIsson County Manager's Office Management 8. Budget Analyst Office of Management & Budget 3/14/20078:57 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Of1'ice of Management & Budget 3/15/20075:14 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office :1/15/20079:19 PM Agenda Item No. 6A March 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 March 8, 2007 Mr. Dominic Chuirco 1420 Churchhill Circle #201 Naples, FL 34116 Ms. Marilyn Toohey 1420 Churchill Circle #202 Naples, FL 34116 Re: Public Petition Request to Discuss Sound Barrier for Berkshire Village Along Santa Barbara Boulevard Dear Ms. Toohey and Mr. Chuirco: <- Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 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. JVMljb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator ,.-. Agenda Item No. 6A March 27,2007 Page 2 of 3 .: --. ,..-..~ ," \..t. "1' ~'. 1" March 7, 2007 Collier County Manager County Managers Office Naples, FL tl.f~1 -72007 Dear Sir: Enclosed are copies of petitions sent to Mrs. Connie Dean at the County offices on Horseshoe Drive Registered Mail. Return Receipt Requested. They were signed for on March 1, 2007. I am requesting permission to speak before the Commissioners at the March 27th meeting regarding a sound barrier for Berkshire Village along the Santa Barbara road from the canal bridge to 1-75 overpass. Please confirm that Mrs. Toohey and I can speak at this meeting. Thank you. ...~ ."~ . ..,.".--..-..--.--......, Yours truly: --..._~-~ '1:::"",:--- ~'" .... . ( --_......~~ Dominic Chuirco 1420 Churchill Circle, #201 Naples, FL 34116 Marilyn Toohey 1J. 1420 Churchill Circle, #202 II~ Naples, FL 34116 Agenda Item No. 6A March 27, 2007 Page 3 of 3 .I.~ml~!~' IN!~~ntM_~:IJ(!~.(:O~~MENT SIIEKJ:~- S_^N.J'A BAllIJAR1\JlL:yn. \Vl!~RNIIi<"~ .,....j Tlwst' ('OIl<Trrt:-.: :m' J"l'I!:lIdi lU.! r Ill' "'idc',,ill'~ <1 rS;wl a U:uhml Iwl \\l'f'll ( ;"lfh'lt!;:llc I 'ark" ;1 \' alld Ibdill I~(lad, Presuming the yvidell;ng is hci"g done {'II holh ~id<:s ofS:m1n Ilarhma 111(' road will he at least ;><; 10 kel c1os<'r 10 Trar:llgm ;1I1d ('a"1erh\lr.\' Villn1!c in nerkshire Vill:lw'. :!S wl'll liS Ikrkshi,,. lakes suhdivisiolls. Wilhoul a sound harrier fhc nniSl\ f.'xlmllst flln,.., aml di,' \\'il1 hI' lInhl'arahle. The load lll'd is 1('\'('\ ,,,illl III<' ~;c,t'oll<1 sInn' 0111H' l"llIlClolllinillJlIs in (':1I110hlll,\ Village.. A'noise sll1c1y" \\HS dOlle ill lOll), /\ cllnenl ""oise stndy" lIlust he made dmilll-! !II(' Willll'! monlhs when fm("fie is hC<1virl". l'lle study (lolle ill 2002 has 110( heellllwde :l\,;til:lhk ((\ hOlllc(lwncrs in the affected arC:l. Fiv<: years ago 1he tmflic was considcwhly lighfer. Since 20m lH"llCmll~ COl1l1ll1mit ic~ have heen developed (Iwl ill1rm~t this corridor. As wclllls Ill<' inl(,,.dwnge 011 J 7'" :II (ioldcl1 (i;lle which willlrclllC'ndonsly incrcase Ihis Ir:lf"fic. 1\ :;01111<1 11:11, j(., Illlls1 lw b1lill IlII Ill(' we':! ~:irl(' Iwl WC,(,1I IIIC' C';1II:" h, i"I'" nil ';;"'1;1 'I:ll h:1I:1 ,,, P:lIli(lI{O;lrl. !\lIothcr iSSIH' is the inlnseclioll orSanf<l Bmbnnl Hlwl. nnd l~ec"cHlio!lI;I1lf' ((lJsol'rincr: Andre\\' Prive), Accordil1g ((lthe cllrrent planlhcrc will he ril!ht 11:111<1 fllln<: (111". The lr,,!'fie light HI Ihis inlcrsecliol1 is;J MUST. This intcrseclio!l is one mile horn (iol{kll (ialc amI OI1C anrl one-quarter miles from R1ldio Road. There h:ls never been 1l prohlem with I r;1 (lic cOllgestion at this inlerseclioll. therefore. to chi'lIlgc the inlerse<:lion is nrbitrary, The ('ollnl,\' !',Irk is directly :IClPSS Snnta lbrhnrn from Ikrkshirc Villaf!c, Childrell going In Ihis I':nl nil! 11(' impacted. ~ traffic (iell! is a MUST. J)f~ublc turn tr'affic lanes on alll'oads al'c a MUST, ",,;;1 (jit' i~ '''1~~ ...;,~.~ ,;..,~".....~ Agenda Item No. 68 March 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 March 13, 2007 Mr. Ronald Talerico 262 Kirtland Drive Naples, FL 34110 Re: Public Petition Request to Discuss Permit to Fill Water Drainage Area Dear Mr. Talerico: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 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. L2:.,elY' , L/? / / ~ ~/~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator - DAr.-' mSJI .-.. u.....r Pubic A.B1r:ln Agenda Item No. 68 March 27,2007 Page 2 of 2 ~ pfint PE~:.:':':\:,!L::. 1\. "..\:'a:.'.i~ OFF~CE NMw:r. RatJAL.(J I ~ -/~(Lt Co\) Qhd kj'rrHAtXi C~.. NA~tl:5 (/. 641/0-:--------- ::::~~::~:~.:UJJ~~~ 1 -I b~~ tI.,-..1 62007 Addtesa: "' . ...-..-........--.--.--...--.." "........,...- PIe.e...... "".,."the. - vau..----1D..-It (1lIIa::h .....~ ... if r- -" I woukIlike to obtain permission to get a permit to fill in my water drainage 8R!l8 mv loth; one of onfy :3 tots that is not fitted in <PLEASE SEE PICTURES ATTACHED.> . have put ine Drain Field aIr8ady It's 8 hole 2 feet wide & 2 feet deep for the whole IeAtA d ~ yaRI fiIec( iA wilt.." p_ I ~icI '* iA .."dJ '08 it MR. '1I8ft it takes in the water before that my back ~ and others next to me would hold 2 to 3 feet of water for 3 months or more it turns into a breeding area for all types of INSeCTS. SNAKES & RATS. plus it starts to smell like rotten fGgS Pie.. .m~ iff deIai the -=tian"lOU are ..-.a ... C\.._I....~ to taka (,-~ additiarull .... if _....~\.: , would like the commission to give me a permit to fill in my back yard - .~ _c. -::""_ ,'~. ~~__~. __ ",~PIlian""'.~ -- Aaenda Item No. 6C ~ March 27, 2007 Page 1 of 8 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239)774-8383 · Fax (239) 774-4010 March 15, 2007 Mr. David Crowther 7481 Lourdes Naples, FL 34104 Re: Public Petition Request to Discuss Reduction of Composting Material Going Into the Landfill . Dear Mr. Crowther: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 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. ~ Jamesv.~~~ County Manager JVM/jb cc: David Weigel, County Attorney Jim DeLony, Public Utilities Administrator - Agenda Item No. 6C March 27,2007 Page 2 of 8 bodinejudi From: Sent: To: David Crowther (dcrowther@swfla.rr.com) Thursday, March 15.20072:28 PM bodinejudi PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS Public Petitions are limited to a single speaker, with a maximum time of ten minutes. Generally the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Manager may defer scheduling a public petition for a reasonable period of time to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Individuals wishing to petition the Board of County Commissioners should present such a request in writing to the County Manager a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request should be on the following form and include any exhibits and/or backup material that may be pertinent to the petition. It should be noted that your request and all materials submitted will become public record and will be retained for that purpose. Public Petition requests can be mailed to: County Manager Bldg. F, 2nd floor 3301 East Tamiami Trail Naples, FL 34112 Or faxed to: (239) 774-4010 Attn: County Manager The County Manager will review your request and determine if the Board of County Commissioners has the ability to legally act upon the action you are requesting. Final determination of this request is at the discretion of the County Manager's office. The County Manager's office will notify you via mail the status of your request. Request to Speak under Public Petition Please print Name: David Crowther Address: 7481 Lourdes Court Naples 34104 Phone: 239-455-0707 Date of the Board Meeting you wish to speak: 1 03-27-2007 Please explain in detail the reason you are requesting to speak (attach necessary) : Agenda Item No. 6C March 27. 2007 Page 3 of 8 additional page if I have been researching reducing the amount of composting material going into our land full. I have some info the Board may be interested in reviewing. 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'- Q \.C .e ... ....OlU t:: 5 u ~ t1 ~ .~ ~ ~ ~ :9 ~c3~~] C1.t ~ i.;1 Q.I ~ ""tI ~ ", o ~ ~ J3 ; ] 8 ] ~ : ~..s "-4 ., ! .... 0...... 0 S to') d e ~ ... ~ .~ 0 ~ ~ ] ~ ~ ~ II.i ~ ~o8 ..oj; 1;; l~.s ~~Ii') QD~--c::I '+. 10--. ~ $::l _ 4j o '11 ~ '~d.i U W ~... :3P~ ('Ij "Q-~ .0; ... ~ '"2 e~~ l'lS 0 a Ii') ~ 1Ii 0 La Ill"" l;-~ g g -5~ : a_ g ~ 1 \.C ..0 ~ u.... u .,B t'It ~ .M ~ Ii') :3 ~ d.i ~ ~ ~- ~ .Ii') .~ ~ \.C o....~ Oa~o ~-1' uOollUM ~I) Ii ~~% '0 ~j -f.3 u ~ ..r:: ~ 0 ~ () ~ 5:g ..~ ~, ~ ; III ~ QoJ 8;; 1I.i..... ~ ~ .g ~ 5 ~ ~ ,~ ..r:: 0 g~ Il'JI) ~ e ~ ,.? ""tI W .... A .... 0.. r;; -. 0 ~.~.f-4 .'" Ii ~ ~;.a ~ -E..s u,Taste they pay to send to the landfill During dus fJ.rst phase, begun in July 2005, District staff installed the Green Cones ru in dle backya.cds of 92 participants so ,"ve could learn first-hand about siting, drainage, and exposure issues that could impact dle success of dIe pl'oduct and dle satisfaction of dIe residents. Based on what we learned dw:illg the installations, we have developed a D\7D and instn.lc- tional manual fol' Gl'een Cone TM self-installation. Tlus yeal"s pal'tici- pants wi11receive these materials to install their o~Tn cones. At dIe close of this pilot project in stunmel' 2007, dIe pel'formance of the se1f-uIstalled cones will be compared to the performance of dlose that were installed by trained J District staff. The information from the rn,TO trials will be used to Agenda Item No. 6e March 27, 2007 Page 6 of 8 Ol'-CO (00- 00 o C'\J I'- Z 1'-- Q) ~ C'\J OJ 03 r- co ="20... mm ~2 iii OJ <( V) Q) = o u d ~ o .~ ..e ~ ~ ~< U) .S d ~ q) ~] B'--1 '~ ~ ~ ~ ,~ =] -a~ ~ a~~t1 o~oc5 ~ ~ p.~' ;3 ," ::: V) 8..o~..o vt; q) ~ '"'d 8 ~ 'i:1 5 J3 u ~ ~ ~ = .:. u~~~~~~ -" 0... ~ .= ", u.... d Q) d U ~ '3 :; ~ ... ~ Q) ,~ ..d'-1 ", ~ !",f 8; ~~ ~f-4 a~~ ~ o ~ 0 Q)~ O~"'C!",f N .~ ~ ~ f...,j ~ q) !",f ~ ~=E]~~~~~~a a ", ~ ~ u..s g.. ~ 'a ~ Q) 0... q; 'Q d "'i3 ~ Q) ...-f31""! "'~Q ~ P. In t::= o.~ 0 ~ p.~'''"i ,9 ~ 8 ~ 0 ~ ~ ~ 0 +J U V '0 ~ 0.. ...... !",f o J3 :-;::l !",f 0.. v U) 0... .~ u '1:1.fj t..,. o u U') o - u v ~ Gretll ConunI if/.r/olled in (1 pt1rti&ipont~ gortkn drlring slimmer 2005. Agenda Item No. 6C March 27, 2007 Page 8 of 8 ,,...-... ,-' - Agenda Item No. SA March 27, 2007 Page 1 of 87 EXECUTIVE SUMMARY MUP-2006-AR-I0052: VI( Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed-Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of ::1::1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for approval of a Mixed- Use Project (MUP), in accordance with Section 2.03.07.3.a. of the Land Development Code (LDC), and render a decision regarding the petition. CONSIDERATIONS: The petitioner requests approval of a Mixed-Use Project (MUP) within the Bayshore Mixed-Use District Overlay. The subject site is currently zoned Multi-Family Sub-district (RMF-6-BMUD- R2) and Waterfront Sub-district (C-4-BMUD-W). This petition request was first heard by the BCC on November 28, 2006. The BCC offered the petitioner the opportunity to continue the hearing date and revise the proposed project to a development that better meets the intent of the Bayshore Mixed-Use District Overlay. Some of the suggested revisions to achieve the intent of the overlay included adding uses that would serve the community in general, and not only the members of the proposed private marina, as it was previously designed. One Commissioner expressed concem in regards to the building height. The petitioner also held a second Neighborhood Information Meeting (NIM) on February 26, 2007 and informed the public of the following revisions to the proposed development: · The addition of two retail areas of a minimum of 500 square feet each, to be located at each comer of the project facing Bayshore Drive, for a minimum of 1,000 square feet of retail space intended to serve the private marina and the community in general · A reduction on the number of proposed boat slips, from the originally proposed amount of 158 to a maximum of 135 boat slips · That the proposed meeting space on the first floor in the northwest comer of the building, be available not only to the members of the private marina, but also to the community in general . Prohibition of fuel sale within the marina THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 1 of 9 - Agenda Item No. 8A March 27, 2007 Page 2 of 87 Section 2.03.07.I.3.a. of the Land Development Code (LDC) allows property owners within the Waterfront Sub-district (BMUD-W) to petition the Board of County Commissioners for approval of a Mixed-Use Project (MUP). As part of the MUP request, the BCC may also grant up to 12 dwelling units per acre, which are available for reallocation in the Bayshore/Gateway Triangle Overlay. However, the petitioner is not seeking additional dwelling units to the ones that are already allowed in the portion of the project with Multi-Family Sub-district zoning designation. The petitioner's request will allow development of a private marina that is intended to house dry and wet boat slips, and 2 residential dwelling units within the 1.59 acres of property. As depicted on the conceptual site plan (see attached), the proposed project maintains the existing interconnectivity of the pedestrian pathways and street systems. Access is proposed from both Riverview and Lakeview Drive. Parking is proposed on the west side of the subject property, which is within the Accessory Parking Zone (APZ) designation area of the overlay. The BMUD overlay allows the lots adjacent to the Waterfront Sub-districts to be used as off- street parking. As encouraged in the BMUD overlay, the proposed building is located near the streets, and is proposed to meet the architectural requirement of the "Old Florida" design style. Following BCC approval of the MUP and conceptual site plan, a Site Development Plan (SDP) is required to be submitted to the Zoning and Land Development Review Department for review of all applicable requirements of the LDC. w ~.._-- .:-- "--<----..::. '\ -~~, I \~j "'-. / ^ "':"i(j...' l'-q ......~~F "'~'U~I~ _ ilD ~r ,.J"~ ,~- 1..0; 1'- a: o ~I .:... lJ.J ~ .J -' ;{ r-~~.'g...... '" /.. Ill: "<1 b...... 3.~.RP[n A\'EhUr ii, I ."-r"1 i I I l!:! ~ 0 III c:: V 0 :r. III .~ <: m PUD CRIO;ET L~YE PEHT.:'l"PTS. CONDO I I'l'r"! Excerpt from the Zoning Map THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 2 of 9 Agenda Item No. SA March 27, 2007 Page 3 of 87 Aerial GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Sub- district), is within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), and is in the Coastal High Hazard Area, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the B/GTRO allows residential development, water- dependent uses - such as a marina, and mixed-use development. The Overlay contains various criteria (see below); this project is consistent with all applicable criteria. The Bayshore Mixed-Use District Zoning Overlay was expanded and substantially revised as part of the 2005 Cycle 2 Land Development Code amendments; the project is consistent with, and further implements, the B/GTRO. Compliance with this zoning overlay is determined by the Zoning and Land Development Review Department. The Zoning and Land Development Review staff have found this MUP application to be consistent with the Land Development Code THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 3 of 9 Agenda Item No. SA March 27, 2007 Page 4 of 87 overlay criteria. However, the marina use is only allowed on the RMF-6 zoned portion of the site when incorporated in a Mixed-Use Project (MUP). Otherwise, the marina use would not be allowed on the RMF-6 lots because the uses on the lots would be limited to those uses allowed by that zoning district, principally residential uses (reference LDC Section 2.03.07.1.5.b.). Based upon the above analysis, staff concludes the proposed density and uses for the subject site may be deemed consistent with the Future Land Use Element. Consistency with the Collier County Land Development Code (LDC): Section 2.03.07.1.3. of the Land Development Code requires that the proposed development be consistent with all the provisions of the Land Development Code and that the land uses be limited to those allowed in C-I through C-3 zoning districts. The proposed marina is an allowed use in the C-3 zoning district and in the Waterfront Sub-district of the BMUD overlay. The proposed project will allow development of a mixed-use project within the Coastal High Hazard Area (CHHA) and shall comply with the standards for mixed-use development set forth in the Bayshore Mixed Use District (BMUD) Zoning Overlay. The approval of the conceptual site plan shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the criteria outlined in Section 10.03.05.0.6. of the LDC, and may be approved subject to further review, changes, and modifications as deemed necessary to comply with the requirements of the LDC through an application of a Site Development Plan (SDP) to the Department of Zoning and Land Development Review. ZONING STAFF ANALYSIS: Staff completed a comprehensive evaluation of this petItlon and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in Section ] 0.03.05.0.6. of the LDC. A summary of the listed criteria is noted below: a. No less than sixty percent of all commercial uses within a MUP shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. Pro: The MUP proposes more than sixty percent of commercial uses that would serve the needs of the subject development. Additionally, the redevelopment ofthe existing marina site may favorably impact the surrounding residential neighborhoods through the proposed new building, which is proposed to screen the boat slips from view from adjacent properties, new landscape buffers, and uninterrupted sidewalk along Bayshore Drive. Two retail spaces of a minimum of ] ,000 square feet are also proposed to serve the community in general. THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 4 of 9 I\genda Item No. 8A March 27, 2007 Page 5 of 87 Con: The proposed MUP ]s a private manna; which ]s adjacent to a residential neighborhood. Findings: The proposed development substantially meets criteria "a". b. No more than 25 percent of the residential units within a MUP shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a MUP. Pro: The conceptual site plan does not propose gated roadways. The residential units are proposed to be constructed concurrently with the commercial uses. Con: None Findings: The proposed development meets criteria "b". c. The MUP shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. Pro: The conceptual site plan indicates that the proposed project maintains the existing interconnectivity of the pedestrian pathways and street vehicular system. Con: None. Findings: The proposed development meets the pedestrian and vehicular interconnection criteria. d. The commercial component of a MUP may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. Pro: As depicted in the conceptual site plan, the proposed building, shaped as a horseshoe, is located close to the streets and along the boundaries of the property and thus avoids strip commercial type of development. FUlihennore, retail spaces are proposed on the northeast corner and the southeast corner of the building, facing Bayshore Drive, thus making the retail uses readily accessible to surrounding properties. Con: None. Findings: The proposed building meets the site location design requirements of the BMUD overlay. THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 5 of 9 - Agenda Item No. SA March 27, 2007 Page 6 of 87 e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. Pro/con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. f. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. Pro/con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. LEGAL CONSIDERATIONS: The Board of County Commissioners (BCC) in determining whether or not to grant approval of a Mixed-Use Project (MUP) is governed by the following criteria found in Subsection 10.03.05.G.6. of the LDC: a. No less than sixty percent of all commercial uses within a MUP shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. b. No more than 25 percent of the residential units within a MUP shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a MUP. c. The MUP shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transpOliation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. d. The commercial component of a MUP may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 6 of 9 Agenda Item No. SA March 27,2007 Page 7 of 87 commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. r. At least 30 percent of the gross area of MUP shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the request for Mixed-Use Project (MUP) is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 1O.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff to analyze this petition. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting at 6:00 p.m. on Thursday, September 7,2006 at the East Naples Library. Approximately 60 people, including the applicant's team and County staff, attended. The architect for the applicant, Matt Joyner presented an overview of the MUP and provided several conceptual site renderings for reference. The following statements were made by the applicant and his team: . Boat storage will be contained within the proposed new building. . 38 car parking spaces are proposed on the project site. · The proposed maximum building height is 50-56 feet. · The marina is proposed to operate 7 days a week. · A 19,607 square foot total building footprint, horseshoe shaped construction is proposed. · The northwest corner of building will contain a ground level club facility. · Two residential units are proposed above the club facility. Several members of the public had questions and/or comments regarding the proposed off-site street parking, storm water management and setback dimensions. Generally, people were in agreement with the proposed project, although questions remain as to deed restrictions regarding use of the property and front yard setbacks. V.K. Development Corporation principal, Sanjay THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 7 of 9 Agenda Item No. 8A March 27. 2007 Page 8 of 87 Kuttemperoor, said he would continue dialogue with surrounding property owners regarding architectural dimensions to address view corridor issues. Mr. Joyner suggested closing off the north and south ends of the building. In regards to the storm water flooding issues, Mr. Chad Luttrell, engineer for the applicant, stated that the project will be redirecting water discharge to "water-quality basins" by means of a mechanical commercial system. South Florida Water Management District (SFWMD) has yet to permit the project. A second NIM was held at 5:30 p.m. on February 26, 2007 at the BCC Chambers. In addition to the reduction in the number of boat slips and the added retail space, the petitioner offered members of the public to consult the developer in regards to adding the following conditions to the proposed development: · To restrict the hours of operation of the activities related to the marina and the proposed meeting space · To restrict boats in the marina to maximum of 30 feet in length · To prohibit boat repairs within the marina AFFORDABLE HOUSING IMPACT: The petitioner has not committed any contribution to offset impacts on affordable housing. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this MUP request. PLANNING COMMISSION RECOMMENDATION (CCPC): The CCPC is not required to review the request for MUP. RECOMMENDA TION: Staff recommends that the Board of County Commissioners (BCC) approve Petition MUP-2006- AR-10052, subject to the following conditions: 1. The residential units must be constructed prior or concUlTently with the commercial use. 2. The hours of operation of the marina and the proposed meeting space are restricted to the following: from 7:00 a.m. to 7:00 p.m. The retail spaces proposed at the northeast comer and the southeast comer of the building are excluded from the restriction in the hours of operation. 3. The marina is restricted to a maximum of 135 boat slips. 4. Vessels in the marina are restricted to a maximum of 30 feet in length. 5. Vessel repair is prohibited within the project site. 6. Fuel sale is prohibited within the project site THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 8 of 9 PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Agenda Item No. SA March 27, 2007 Page 9 of 87 Page 9 of 9 Item Number: Item Summary: Meeting Date: Agenda Item No. SA March 27, 2007 Page 10 of 87 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item requires that all partiCipants be sworn In and ex parte disclosure be provided by Commission members VK Holdings Treviso Bay Manna, LLC represented by C. Matt Joyner, P_A Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 resIdential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Trevlso Bay Marina The subject property, consIsting of 1.59 acres is located at 3470 Bayshme Dnve on the west side of Baysrlore between Lakeview & Riverview Dnve, in Section 14, Township 50, Range 25, Collier County, Florida 3/2712007 9.00:00 AM Date Prepared By Carolina Valera Community Development & Environmental Services Urban Design Ptanner Zoning & Land Development Review 3/121200710:20:38 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 3/13/2007 1 :40 PM Approved By County Attorney County Attorney Office Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services- Adminstrator Date Community Development & Environmental Services Admin. 3113120074:01 PM Date Approved By Marlene Stewart Community Development & Environmental Services Ex.ecutive Secretary Community Development & Environmental Services Admin. 3114120077:35 AM Date Approved By Donald L Scott lransportatron Services Transportation Planning DIrector Transportation Planning 3114120078:09 AM DOlte App roved By R-<I~! 8cflows Community Deveiopment & Environmental Services Chief Pj~l!1ner Zomng & Land Development ReView 3/14/200710:07 AM Susan Murray, AICP Date Approved By Community Development & EnvironmentZ!t Set'vices Zoning & Land Development DIrector Zonmg & Land Deveiopment Review 3/141200711:47 AM Date Approved By OMS Coordinator County Mamiger's Office Administrative AS5ist.:tnt OFice of Management & Budget 3f15/20Q7 7:47 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of M <lnagernent & Buoget 3116120075:57 PM Date Approved By J<'lrnes V, Mudd Board of County Commissioners County Manager County Manager'~ Office 3/21/20079::47 AM Agenda Item No. 8A March 27, 2007 Page 11 of 87 RESOLUTION NO. 07-_ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMJ\HSSIONERS DESIGNATING THE ODYSSEY - TREVISO BAY MARINA AS A MIXED USE PROJECT (MUP) IN THE BAYSI-lORE DRIVE J\HXED USE ZONING OVERLAY DISTRICT, WATElU'RONT SUB- DISTRICT (BMUD-W) AND RESIDENTIAL 2 SUB- DISTRICT (Bi\IlJD-R2), COMPIUSING l.S9:t ACRES PURSUANT TO LAND DEVELOPl\.lENT CODE SECTION 2.03.07 1.3.; PROVIDING FOR DESIGNATION AS "MUP," AND COl\'lPRISlNG 2 RESIDENTIAL DWELLING UNITS AND 19,607 SQUARE FEET OF PERMITTED COMMERCIAL USES; AND PROVIDING FOR CONCEPTUAL SITE I)LAN APPROVAL, FOR PARCELS LOCATED ON THE WEST SIDE OF BAYSHORE DRlVE BETWEEN IUVERVIEW AND LAKEVIEW DIUVE. WHEREAS, VK Holdings Treviso Bay [vJarina, LLC (herein referred to as "Owner") owns eight lots comprising approximately 1.59 :t acres, described helow, that arc located within the b0undarics of the Bayshore l\'lixcd Use O\'eri<lY District ("81I'IUD") and within the Waterfront Sub-district (Bl\.rrJD- W) and Residential 2 SubdiSlrict (BMUD-R2), all comprising a portion of the Baysbore-Gatc\\'ay Community Redevelopment Area (CRA), located ill Collier County, Florida at the west of 13ayshol'e Drive between Riven'iew and Lakcview Drive; and WHEREAS, Owner, through its agent, i'vIatt Joyner, P.A. Architects, in accordance with Section 2.03.07. 1.3" of the Collier County Land Development Code ("LDC") has petitioned the Collier County Board of Count)' COllUl1issioncrs ("Bonl'd") pursuant to Pctition Number IvIUP- 200G-AR-I0052, for approval of a Mixed Use Projeel CMU!''') in the Bal'shore Drive Mixed Use Overlay District, proposing 2 residential units and 19,607 squarc feet of commercial floor arCH for the subject lands to be known as The Odyssey - Treviso Bay Marina; and WHEREAS, Owner has timely submitted a su11ieient MUP Application ("Application") for The Odyssey - Treviso Bay l'vlarina jI,.j UP plan for the lands described bdow; and WII EREAS, Collier COllnty Staff has reviewed the Application, inclucling a Conceptual Site Plan demonstrating cOlllplinncc with LDe Section IO.03.05.G., along with SllppOlt documentation Hnd Infurmation required by LDC Section 2,03.07. 1.3., and determined that the Application and Conceptual Site PIHn are sufficient; and WHEREAS, thc l30ard has dctcLl11incd that the LDe notice and neighborhood information Illeding (J\'I:\'I) requirements applicable to the Application set forth in Section 10.03.05.G., havc been complied with; and that The Odyssey ~ Treviso Bay Marilla IvlUP has been recommended for approval by the Bayshore-Gateway CRA Advisory Board. Page 1 of 2 Agenda Item No. 8A March 27, 2007 Page 12 of 87 NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COm":TY COl'vUSSIONERS OF COLLIER COUNTY, FLORIDA that: i. The foregoing WHEREAS clauses llre hereby adopted as ifset forth fully herein. 2. The lands described in attached Exhibit "A," consisting of approximately 1.59 :!: acres are hereby designated as a Mixed Use Project ("MUP"), and be officially designated as "MUP" on the Official Zoning Atlas Map, subject 10 the Conceptual Site Plan attached as Exhibit "B," and subject to complillllCc with the requirements of LDC Section 2.03.07. I. 3. d., i. through iv. 3. The Conceptual Site Plan for The Odyssey - Treviso Bay Marina l\'lU1' attached hereto as Exhibit "B" is hereby approvcd. 4. Once the propel1y owner, through the MUP approval process, conunences construction of the proposed development project under the provisions of the Mixed Use Sub-district, those lands shall only be developed in compliance with all provisions of the BMUD Overlay and shall not revelt back to the underl)~ng zoning district. BE IT RESOLVED that this Resolution relating to Petition Number MUP-2006 AR- J 0052 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED tllis aileI' a MOlion, second, and majority vote. day of , 2007, ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMIVUSSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk JAMES COLETTA, CHAUUI'lAN Approved as to form and legal sufficiency: ll\~~---'illl.f)hl.op4.,L- [JujJ~~ Ivl<n:joM:: M. Student-Stirling I~-O Assistant COUllty Attomey Page 2 of 2 Parcel A l\genda Item No. 8A March 27. 2007 Page 13 of 87 E1hlb1t fl.A'" Legal Description of the Marina Property Lots 27 and 28. Block 4 and Lots 1 and 2, Block S. GulfSh6res. aCtording to ~ plat thereof. recorded in Plat Book 4, page 50, Public Roeords of Coltier County, Florida. '. '.' Parcel B Lots 3 and 4, Block 5, Gulf Shores, acootding to the plat thereof;. recorded in Plat Book 4, page' SO, Public Records ofCoUier County, Florida. P arccl C Lot 2S, Block 4, Gulf Shores, llCCOrding to 1he plat thereof; recorded in Plat Book 4, page SO, Public Records of Collier County, Florida. . Parcel D Lot 26, Block 4, Gulf Shores, according to the plat thereof; recorded in Plat Book 4, page 50, Public. Records of Collier County. Florida.. . llAP~>l9 YOl ~. <(1'-1'- ~92g ~ J 0 '7 c: Gi ..- CD'-()) =="2g> CUCUo.. -g::z: CD en <( i:' ,OJ; rl I~' - . ;. A-:- _ ..._. --. - .~. _ 'f ~ --. I"'~ !~~L~:l~-;;d'~'Uo. -;;~':J ~ .,-,,> ;;-~: .";;: ';..;:::-;::::--:'--:- ~;:.<. ::'"~. c'-~ tup( 'l'OlliiO';! '9111ol'l'li i1AlliiC i1l>10H9J..'I'e OLl'11L 'l'HlliiVI-l J..'I'e 091A3liiJ. J..i199J..OO i1HJ. 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"'" I ____ - --- ~ ;< 01 Q ;:; ;: i ~ j ill ill -~.. ., ., r a.. <( ~ C) z - z o N ~ E N I/) 0 0 a: < , CD 0 0 N . C :. ::l: 'II: Z 0 l- I- W c.. a.. <( :2 z 0 - ..... <( u 0 ...J I COLLIER COUNTY GOVERNMENT (i)' DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET , fO"V Agenda Item No. 8A March 27. 2007 Page 16 of 87 2BOO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 MUP AR NUMBER PROJECT NAME PROJECT NUMBER DATE PROCESSED COORDINATING PLANNER For Staff Use Above to be completed by staff AGENT, fJ' t't-O L~ ~. ADDRESS, PHONE# E-MAIL ADDRESS FIRM, V Ll. City CELL# ~~I.u' ~ Slate Zip FAX# OWNER(S) NAME: ADDRESS: PHONE# E-MAIL ADDRESS, Citv State ZiD CELL # FAX PROJECT NAME, P~OPERT'(<,;.lOCATION" . . , Jii..~lS.Q ~ ~I'\JA- If this project is located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and/or CU or Variance Application Request # Resolution # PROPERTY I.D.# "I~ ,1.3 2 18000 I SECTION/TOWNSHIP/RANGE, SUBDIVISION NAME: I I UNIT BLOCK LOT LOCATION OF SUBJECT PROPERTY (proximity to closest molor intersection or rood), Current Zoning Designation Total Area of Project: c.~'f Type of Development Proposed: Mu? # Units '2. Density Non- Residential Sq Ft: ZONING ADJACENT ZONING/LAND USE LAND USE North East South West I hereby submit and certify the application to be complete and accurate. SIGNATURE OF AGENT DATE Agenda Item No, 8A March 27, 2007 :-'8~: I~ 7 of 87 ..Nie~il1g.N~ttt5 . 5_dl'l/, r AtI'~<I/k.. Fa- (', rv rf VYvS V'n'-tHes fj,;--- \'J.g",.~ 0~~~J~~ 4.oC:;:o8 NPL,~ IPj;.UT\l"""'J ~L IVlULTlPLE:, C~ILC ~GLGZ'TIL,,-...I '::> ~O(.:?,.uh~ ~{.2..M-I:o'- ~ ~ B..t:=: /~~~ 6\1~ At..?<:J ~l~ ~1It;" a?vtJJ. - F1;JoJ1iCl ()JILL 1St:;" fl.l:EIJl~l:::7) ANt) P!:::.7?/l7/1TQ) 8 'i ~ FWiVl D. " " ,. of CULf S/I>'tH ,41t1Jt'kA S'lhi fJiAftr' !/./ctl/lJt-- A1A1L.4/,/-I 5'1 ht4' CI to& ADDRESSlNq CHECKLIST Agenda Item No. 8A March 27, 2007 Page 18 of 87 ?lease comple~ the following and submit to the Addtcising Section for Review. Not all items will apply to ,~erY prOject. Items in bold hope are reouired. . . L Legal description of subEt proPf'Ity or properties (copy of lengthy de~criprion mqy be arrtiched) :~(')..g!"1-\1; ~lH 1""' ~6RPC:;. BlC'l('l~ .,,:, ll'\'T'<-.. \ --4 "t-.., . . .' \.' . . ,. f.",\. ("\C'IL Y \ !"l~ ?~ -P."R ' i. Folio (PropertY ID) number(s) of above (a11ach Ie. orasiociate with.legal,de;cription ifmorl! ilUlJ1 one) ...,'. . ,14~li?'j7.8('\(')("')7 .' · " '. ' ". · '._ . 3. Street address ot addtesses (as' applicable. if :f:eadyauigned)' .:?'ll.:"lO . ~p.,,\J~\?l="" ~R..l\JE" . 4. Location map. showing e;<::lct"loeation <)f projecitsite in relation to neare:;t public road iiZht-of-way (Q.tt<u:h) 5, '9opy~f.survey (,NEEDED omY.~QF.~1.ll:ll?l;A.TJEpi>ROPER1J:E;S) "', ,_._ :~;~_~, ._'_' 6, propClsed pro jeer naine(if applicable) . . 7. proposed Sneet names (if applicable)' 8. Site Development Plan NumbeT (FOR EXIST):NG PROJECTS/SITES ONLY) SDj:>~- A,Q \~'13 . 9. Petition Type - (Complete a separate A~essing Chocklist for each Pe.tition I)-pe) 0' SDP (Site pevelopment Plan) o SDPA (SUP Amendment) o SDPI (SDP Insubsianti~ Change) o SIP' (Site Xmproveinent Plan) o SIPr (SIPI Insubstantial Change) o SNR (Street Name Change) . o Vegiiati on/Exoti<;: (Veg. R~oval Penmts) .' o Land Use Petition (Vapance, Conditional Use, . Boar Dock Ext.. Re.zone, pun rezone, etc.). ' o Other.. pescribe: : .n. . ...' . o PPL (plans & Plat Review) . o PSP{Preliri:tinary Subdivision Plat) o F? (Final Plat) , . o LLAc(ot Line Adjustment) o BL (BIaslingP,ermit) o ROW (Right-of-Way Permit) O'EXP (Excavatlon.P=it) o VRSFP (Veg. Removal & ~ite Fill Perinit) o IDR (Trarisfer of Development Rights) , I I I , , i I I , , I i L I ! -.,...... ; "..... . . . " . W Project or de-yelopment names proposed for; of already appearing in, condoniinii.im dOC!lJlli,nts (if appIic<iJ:,le; indiCate w herner proposed Qr exjstfug) '--' : " .,' . . 11 , Please Check ~e: 0 Cllecklist is to b~ Faxed B;u:t Personally Picked Up '. ' ' 12. Applicant Name. Phone :?'.fA I-/~qq Fax ?~ / _.$ <;;>:?~ 13. Signature on Add=sing Checklist does not constitute Project and/or Street N ameapproval and is Subject to further review b)'"the Addressing Section.' . - '. FOR STAFF USE m,'LY , Pri~ary Number \:00 OOY- Address Number \30 2 '71 r Address Number \ ?J()~ I ' Address Number t-oC::=502..- \ ~oa5' \30ac<=. ~ . . . Ap~( -~"~~ . . /oz'b}6 45 t <, "- \/)...' ~ co co I 6 '0 ::Ji Z .-", ~! >= Q) " ~ Ol .~. ~ t1l t1l tL '0 = C Q) c(.. Ol < 'i' '" LU I 0 z i= ~ &II &II ~ ICII: \,., 0 :E CD LU ... .:; llQ . 0 :e " " '-, 'In... CD ~ l, l ICII: ::) R AI '- . ... - z <( - CD N "- iT'. C C ::::: Q CD .; LU -'l I I N E 0 Z I "" N\ ~~ bll a. g) 0 .... rf) '> ~ 0 .. :c N --- ~ ~ Gi ~ a. '-..9 ['J E-i > "0 ~. CD ~ ~ Q @ ~ -0 t ~. ; C IS ~ IS .. g ... .!! ~ oil IS r:I'1 > ..... ~ g) IS a. - ~ c C LU ~ ~ .2 "0 Q U 0 .. -- .... ~ N IS Z ':,. '<l - ~~ =- ... O.:e ,; - .. =- 0 .. IItICll: ~ .~ - .. -- 11 "'"' c CD >LL ... r:I'1 CD .. is ~ ~~ ~ E -0 .. ~~ ~ -0 0 0 ...l <.:, !::! - 1: <( >- ;,[) ~ ~ \II '" IS ..... ~~ " ~ a. .0 Z &: ~\ i'! CD ::) Q :e ~ ~~ N I 0 ~ i t'!. :s. 12 LU U '" IS .~~ 03 .. " .!! ~ -g IS '" > 0- U '5 IS N i'! c " " It) 0 0 I '0 .. 0- f-' IS It) UJ U .0 UJ I .. ~ Ul ICII: 0- '?; LU M Z N z Z ~ LU Cl ;.: :e en c( - &II CD c( OJ ... A :;; p:E a. E Z <ij .A<( 0 ~ ..z LU !:) c ~i z z r1 i'! C) CD !J; '5 Vi c 3. S! I 0 (9 lit .c <( a. March 27, 2007 Page 20 of 81065' ;.. ~ - .....;.....o-..-:::~,~-:;:::::..:':-: '~--';"'~A::;"'':'A ' ._ _<..~.. ::.._:::~::".GKA:YWORKS:I..l.t =":",,~"':::44'G"'''TDri~e . . . .. -_..,'._....,,.,.'..'l~FL "'108 -:::C;:::"-",:5\~~P'!i"i."",,, .... )~~c;"':t7aoarch;f County Gommission~$' 1'~' , ' " .- .-.- - --, -..- ..... '~"~'.';".".' ..,,~-"'_. . ~"","_"',~~^~._"._',.-- ,,--".-~-... -._"-_.~. ,_..._"-.-~ .,_.. .. "~,..~.~" ,.~--".. ." ~...,,,....-- - - ,"'- ,--" --'-',"'-."-.' DA1i3~i,.,.'f.!;;\ Zco~::" PAY":"" , , ~if;~t:::~F ~ V~ tl, U I"" \) P-ED "J. f $1' i-- ,..,',. ".- -L ~_o.C? "'"" J DOllARS , .. '6?J" , ... f --, '0".'" I"'"b.. - ",..,"-"'~'-'~"" ,..- f~['j:~~~- 7-:':;:-:'::;;-;:."" . .:':", wachaoIILoom .' .. . - ,,~O--? : .-/ ~~~'nJP;f1Z:e".61'P:H~i\I'<1 ." -'~~.. /'b JI":.:. ':':=,:=':':::,'~'," .. 11.'00 ~0~511'..:I:,d,~~dpo,Qi!JoI:~.ClP{)O~l;,Opg~"E:.~;I;': .:, ' ~- . . .. . March 27. 2007 Page 21 of 87 (i) - MIXED USE PROJECT PLAN (MUP) SUBMITTAL REQUIREMENTS LDC SECTION 2.03.07 N.3 and 2.03.07 1.3 Owners of property in the Boyshore Mixed Use District (BMUD) Neighborhood Commerciol (NC) ond Waterfront (W), along with the Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) may petition the Board of County Commissioners for mixed use project approval. The application for MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C- 1 through C-3 zoning districts. SUBMITTAL 'REQUIREMENTS GENERAL APPLICATION To be completed in full and to include the required pre-application meeting notes. COVER LETTER A Project Narrative shall be provided that describes the character and intended use of the proposed project. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659-5724 OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM shall be provided as part of the submillal package. FEES Application and review fee in the amount of $1 500. Advertising Fees - In accordance with Resolution No. 2005-384, the applicant shall pay any legal advertising fees required during any CDES activity ond will be charged at actual costs. Agenda Item No. SA March 27, 2007 Page 22 of 87 Seven (7) sets of conceptual site plans prepared on a maximum size sheet measuring 24 X 36 inches, drawn to scale, containing the following information. 1. The project title, property owner, address and telephone number. 2. Legal description, scale, and north arrow. 3. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. 4. Location, configuration and dimensions, including height, of all buildings; and the location, figuration and dimensions of landscape buffers. 5. General location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. 6. Location of proposed access point(s) to the site and internal site circulation. 7. All required and provided setbacks and separations between structures in matrix form. a. Any additional relevant information as may be required by the County Manager or his designee. 9. Proposed density and unit types including any requests for density bonuses; proposed square footage of commercial uses, in matrix form. 10. The following statement: "This project will comply with all LDC requirements at time of submittal". One (1) a 1/2 X 11 copy of conceptual site plans. PUBUC .HEARINGREQUJRIiMENh . There shall be a public hearing before the Board of County Commissioners legally noticed and advertised pursuant to LDC section 10.03.05 G. If approved by the BCC, such approval shall be by resolution. ~ The Board of County Commissioners shall hold one advertised public hearing. ~ The public hearing shall be held at least 1 5 days after the day that an advertisement is published in the newspaper. ~ At least one Neighborhood Informational Meeting (NIM) shall be conducted by the applicant before the public hearing by the Board of County Commissioners. ~ Written notice of the NIM meeting shall be sent by the applicant to all property owners who are required to receive legal notification from the County pursuant to section 10.03.05 B.8 and 9. ~ The applicant shall display on advertisement, one-fourth page, in type no smaller than 12 point; which shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood information meeting. ~ The applicant shall post an outdoor sign on the subject property at least ten (10) days prior to the date of the public hearing before the BCC pursuant to section 10.03.05 B.3.d.. Agenda Item No. SA March 27. 2007 Page 23 of 87 . CRfTERIAFQRiMlxel>.Q$E"OJECTAPPROVAL.. The following criteria must be met in order to gain approval for mixed use projects developed in accordance with provisions of mixed use overlay. 1. No less than 60 percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. 2. No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project. 3. Mixed use projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. 4. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so os not to promote strip commercial development along external collector and arterial roadways. 5. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. 6. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in LDC section 4.02.01 B. This requirement shall not apply to individual parcels less than 5 acres in size. MIXED USEPROJECT-.TIMEUM1TATJONS MUP approval shall expire and any residential density bonus units shall be null and void if any of the following occur: 1. MUP approval shall expire if SDP not submitted within six (6) months of MUP approval by the BCe. 2. The SDP is not deemed sufficient for review within 30 days of submittal. 3. The SOP under review is deemed withdrawn or cancelled pursuant to section 10.02.03 B.4.a. 4. The SOP is considered no longer valid, pursuant to section 10.02.03 B.4.b. and c. Loe sedion 2.03.07.N.3.d and 2.03.07 '.3.d. . '(),NU$;;:.j)e,s... Agenda Item No. SA March 27, 2007 ~ To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. (The density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted). ~ The project, if located in the Bayshore Mixed Use District, shall be within either the Neighborhood Commercial or Waterfront Subdistricts and shall be a mix of commercial and residential uses. ~ The project, if located in the Gateway Triangle Mixed Use District, shall be a mix of commercial and residential uses. ~ Base density shall be as per the underlying zoning district. ~ For proposed projects outside the Coastal High Hazard Area (CHHA) are in addition to the eligible density bonus. ~ For proposed projects within the CHHA, only the Affordable Housing Density Bonus is allowed in addition to the eligible bonus density units. ~ For projects located in the Gateway Triangle Mixed Use District the properties must be lying south of Davis Blvd. and west of Airport-Pulling Road. ~ The project shall comply with the standards for mixed use development set forth in the Gateway Triangle Mixed Use Overlay District or the Bayshore Mixed Use District. ~ For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and application FLUE Policies. LOC Section 2.03.07 N.3.e and 2.03.07 1.3.e Once a property owner, through an MUP approval, elects to develop or redevelop a mixed use proiect under the Bayshore Neighborhood Commercial (BMUO-NC)or Waterfront (BMUD-W) Subdistricts; or the Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. . . , ':":. - . MUP-2006-AR-10052 REV: 1 PROJECT 2006070016 DATE: 7/7106 DUE: 7/21/06 Treviso Bay Marina Club Bayshore Mixed Use District Mixed Use Project Application The Treviso Bay Marina Club ("Marina Club") is a mixed use project that will be built from the renovation of the existing Gulfshore Marina, located at 3470 Bayshore drive in Naples and will serve as an amenity to the Treviso Bay residential development. The Marina Club will continue to be used as a Dry Storage facility with up to 158 dry boat storage slips/bays (which is the same number of slips that may exist at the current facility). It is anticipated that it may accommodate boats up to 40 feet in length. The Marina Club will include a boater's club facility and (2) residential living units above grade. The residential units may be used for a dock master, as guest units or for other residential purposes. The Marina Club architecture and intended use is consistent with the intent of the Bayshore Overlay District The style of architecture reflects a Floridian Vernacular. This is evident from the Clock Tower you see on approach, to details such as gable roofs, louvered shutters, decorative brackets, roof railings, metal roofs, lapped siding, etc. As the building wraps the corners on the north and south sides, boat storage will covered and therefore, concealed from street and adjacent neighborhood view. All support services, equipment storage, boat cleaning, light maintenance and other necessary ancillary elements of the Marina Club will also be enclosed. Recognizing the scale of the project, the exterior articulation of the building responds to massing reduction while incorporating the architecture described above. ')\)\) 1.a'\1\\ami 1u.\\ ~., ~\l\\e 1.\)1 , ~a\>\ts, 'R.. ).\\~) P: 239.649.5300. r: 139.f:IA.~ .WWW.TrevisOBay.com ~ A VK CQMM\.)NIT't j~ It Oti1 , I I.~ ~I ,U- ~I 'l! ~ COWER COUNTY GOVERNMENT (i) DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COWERGOV.NET . ......... Agenda Item No. 8A March 27, 2007 Page 26 of 87 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 MIXED USE PROJECT A.PPLlCATlON (MUP) MUP AR NUMBER PROJECT NAME PROJECT NUMBER . DATE PROCESSED COORDINAnNG PLANNER [ MUP-2006-AR-10052 REV: 1 ] PROJECT 2006070016 DATE:7n~ DUE:7n1/06 Abov~ to be completed by staff J APPUCANT / OWNER INFORMA nON AGENT: t---1A.-.:r Joy^,,~ FIRM: C. t-1A-n-- L,v,...a1C'flL ~).. ~ftc:.~I~~ ADDUS5:qOlf lD"Oi'.4~ f\,..(. .'QLCIty~State Fl.- Zip ~l""2.. PHONE# 'ZLD1- I e.ct, CEU# FAX# 'Z~, -'5lD~~ E-MAIL ADDRESSty.\~f!!..."...&L~n~r.c!)f:.".. OWNER(S) NU\E: vk.. ~o 11'4 Cfi. ~f~ ~Y' ~""'ClJ MA... l...L C ADDRESSo~& ~P~. ~Ic..""~ w:I;. ~ ~~Q4S PHONE#(~) 7qo-(.p~ CELL#~'t~ M-1.-~q'7 FAX ~'2. 7qO-li.OlO E-MAIl ADDRESS: ~""" j ~~ ~ vk.~\.J~ (QPn-\~ 1"'\-4:. . C-DM ~ ct , PROPERTY LOCATION PROJECTNAME: 4 b~'-"I~ ~y M.4IZ..1H.... c-L\.J~ If this profec:t Iii located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and/or CU or Variance Application Request # N/ ..,A. R.esolution # - SECTION/TOWNSHIP/RANGE: \4-QF-~tJ ~oa I '2SE. PROPERTY I.D.#S!J ~I ~~oo::> 7_ SU8DIVlSlON NAME: ~ U LF ~P..e.~ UNIT 8LOCK \. LOT t5 ~ LOCATION OF SUBJECT PROPERTY (proximity to closest major inter$ection or road): ~~, 0 ~S~~ ~. a~ w. ~N~ (),:. ~Y"I-t-~F- ~~ ~wc:V,~ 1- R'\J~.IIQ..AJ Current ZORiat Delignatio Type of Develop.ment Proposed: M' "t:::r\ Us.e:. Total Area of Proiect: # Unit5 '2 DenSI~.t..;;:~on- Residential Sq Ft: t~J tDP7 ,$.F. " ADJACENT ZONING/LAND USE I ZONING / LAND USE NorthC-C-&ra"CJJ,)-NC. ~p....~. ~M~D.. R.~ , East.3: - .4..::..e.m u c> - N C- . SOuthC-..-am\lo...:....e/ f2tnF-t;.... 6~\.JD-J1C. West ~ J=..-&s -am VO - ta.'t. ~t\I\e-~14l/~&'D ~"M.L r ~lI"'\&ft)~..I4 ~ ~~..L ~Ol!'M -n.L. MUP-2006-AR-10052 REV: 1 PROJECT 2006070016 DATE: 7"/06 DUE:7~1/06 3574535 OR: 37~ierPn~tet51o? 8A MMch L.I ~007 RlCOtDlD il DllIeIAL RlCORDS of COLL~I~Qll1Y~f!j7 03/11/Z005 at 02:01P1 BIIGB! I. B10Cl, CLIBI COIS 5050000.00 RlC 01 27.00 DOC.. 70 35350.00 This instrument prepared without benefit oftitle examination ortitle opinion by: MICHAEL J, VOLPE, ESQUIRE Robins, Kaplan, Miller & Ciresi, LLP 711 Fifth A venue South, Suite 201 Naples, Florida 34102 tetn: PORflI mm If 1L 5801 PlLlCAI BIt BLVD '300 IAPLlS PL 3U08 270J wARRANTY DEED THIS INDENTURE, made this 10th day of Mmch, 2005, between GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company, whose adchess is 3470 Bayshore Dtive, Naples, Flolida 34112, GRANTOR, and VK HOLDINGS TREVISO BAY MARINA, LLC, a Florida Limited Liability Company whose Taxpayer ID Number is 20-1138294, and whose address is 19275 W. Capitol Dlive, Suite 100. Brookfield, Wisconsin 5.3045, GRANTEE- (Wherever used herein, the terms "GIantol" and "GIantee" include all parties to this insttument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of COIpOIations.) WITNESSETH, That said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GIantee, forever the following desczibed land, situate, lying and being in Collier County, FloIida, to-wit: . PARCEL A Lots 27 and 28, Block 4 and Lots 1 and 2, Block 5, Gulf Shores, according to the plat thereof, r'ecoI'ded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. PARCEL B Lots 3 and 4, Block 5, Gulf Shor'es, according to the plat theI'e~f, J'ecor'ded in Plat Book 4~ Page 50, of the Public Records of Collier County, Florida. PARCEL C Lot 25, Block 4, Gulf Shores, according to the plat ther'eof, record in Plat Book 4, Page 50, of the Public Records of Collier' County, Florida. PARCEL D Lot 26, Block 4, GnU'Shor'es, according to the plat ther'eo!, recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. Parcel Identification Number 48173280007 TOGETHER with all the tenements, hereditaments and appUItenances thereto belonging or in anywise appeltaining. Word 65028345 3 , OR: 3751 ~~da1~o. 8A March 27, 2007 Page 28 of 87 SUBJECT TO covenants, easements and other restrictions cori:unon to the subdivision, and real estate taxes for the year 2005 and all subsequent yem!. and said Grantor does hereby fully wmrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed in its name by its Co-Managers the day and year first above written. Signed, sealed and delivered in our presence: Signed, sealed and delivered in our presence: Wi ess ....7/.rtl1i.r?,,- J ?/Cft:t/S!:.' Typed or printed name GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company ~a~--. KENNETH A. MAIN, IT. As Co-Manager with full power and authority to bind the Company GULF SHORES MARINA, L.L.C., A Ft~rld. Umited ~ ~mp.ny ~ -(SEAL) "51'EP C. MAIN, as Co-Managel' with full power and authority to bind . the Company , tit OR: 375}\g~t~~~.o~~t Page 29 of 87 S I A TE OF FLORIDA COUNTY OF COLLIER ~ The foregoing mstu1ffient was acknowledged before me this 10 - day of March, 2005, by KENNETH A. MAIN, II, as Co-Manager, of GULF SHORES MARINA, LL.C., a Florida ~ ~ompany, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath, NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. M~ .,.";:...,.'. ~ " . &/~d~_ i1 ~~' t~~ CARLOITAS,MENARD Signature to: :*i MY COMMISSION 100 173310 li~ '1 EXPIRES: Oealmber 22, 2006 ~I ~...~ . BordocIllvubry............. (Type 01' print name of Notary) STATEOFFL~ COUNTY OF .f;L . The foregoing instrument was acknowledged before me this /0- day of March, 2005, by STEPHEN C. MAIN, as Co-Manager, of GULF SHORES MARINA, L.L.C., .8 Florida Linpted Liability Company, who is personally known to me or who has produced ~ ~ (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the pen;on(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instnnnent did take an oath.. ~,'/~- SignatuIe. My Commission Expires: '~~"I""""""'~" ~ '-'."" CAO'''''''- ,~,~. tV.f;;, fYLVl I"A S. MENARD !i.r./i..i ':~ MYCOWlSSIQNlOO173310 ~~~ EXPIRES; Decanber22. 2006 .. .';(t~.~'" 90ndId 1lIu Nc:Ury PlDIa I.JndMdtrs .' .. (Type or print name ofNotaIy) Word 650283453 ----~ --~ Agenda Item No. SA March 27, 2007 MUP-2006-AR-10052ge 30 of ac-V: 1 PROJECT 2006070016 DATE: 7/7/06 DUE: 7/21/06 LETTER OF AUTHORIZATION I hereby authorize C. Matt Joyner, P.A. Architects to serve as Agent in the permitting process for the Treviso Bay Marina submittal. t:bl"; dQ STATE OF Wi8COH8fN COUNTY OF <!.D lno( r VK. Holdings Treviso Bay Marina, LLC A Florida Limited Liability Company By: ~7)'~"b Name: Title: Sanjay Kuttemperoor Vice President Address: 19275 West Capitol Drive Brookfield, Wisconsin 53045 Tele: 1-262-790-6000 The foregoing instrument was acknowledged before me this !lcftk day of -:sun€. , 2006, by Sanjay Kuttemperoor who is nersonallv known to me or had produced as identification and who did (did not) take an oath. (SEAL) ~t..&~............................ "-. LEIGH FULTS . _ CiMInIIl ODO.2743at : . . ... UN1I2OO7 I L.~:.-......~'=-t~, II .. ...1 of r stamped name of Notary) . ,t..genda Item No. S.t.. r\i1arch 27, 2007 Page 31 of 87 CONSENT OF MANAGER OF VK MEMBER HOLDINGS, LLC The undersigned, as the manager of VK MEMBER HOLDINGS, LLC, a F 100ida limited liability company (the "Company"), whose principal place of business is located at 19275 W. Capitol Drive, Brookfield, WI 53045-2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of the Company to delegate the authority to individuals on behalf of the Company to sign documents and take actions they deem to be in the best interests of the Company. NOW, THEREFORE, BE IT RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver' such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and such other documents that each of them deems to be in the best interests of the Company. The signature of either the President or anyone of the Vice Presidents of the Company appearing on any of the foregoing shall be conclusive evidence of the Company's approval thereof FURTHER RESOLVED, that the current officers of the Company are: Vincent KuttemperooI' Sanjay Kuttemperoor Ajay Kutternperoor Sanjay Kuttemperoor President Vice President Vice President Secretary FURTHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exercise his authority as manager notwithstanding this dele,gatian of authority. The undersigned manager hereby ratifies and appl'Oves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice Pr'esident and/OI Ajay Kuttemperoor as Vice President prior to the date of this consent and affums that they are the valid and binding obligations of the Company., That the foregoing resolutions and the authority thereby conferred shall remain in full force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect, IN WITNESS WHEREOF, the undeI'signed manager has executed this consent as of the i!:r day of J"""""'1 ' 2005. ~,I Vincent KuttemperooJ. Manager REV. 2 MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA -- Agenda Item No. 8A March 27, 2007 Page 32 of 87 CONSENT OF MANAGER OF VI{ HOLDINGS TREVISO BAY MARJNA, LLC The undersigned, as the manager ofVK HOLDINGS lREVISO BAY MARINA, LLC, a FlOIidalimited liability company (the "Company"), whose principal place of business is located at 19275 W. Capitol Drive, Brookfield, WI 53045-2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of the Company to delegate the authority to individuals on behalf of the Company to sign documents and take actions they deem to be in tbe best interests of the Company.. NOW, THEREFORE, BE II RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver such agreements, instI uments, guaranties, notes, mOItgages, pledges, banking documents, loan documents, offers to puichase, deeds, plats, and such other documents that each of them deems to be in the best interests of the Company. The signature of either the President 01' anyone of the Vice Presidents of the Company appearing on any of the foregoing shall be conclusive evidence of the Company's approval thereof FURTHER RESOLVED, that the current officers of the Company are: Vincent Kuttemperoor San jay KuttemperooI Ajay KuttemperOOI Sanjay KuttemperOOI PIesident Vice President Vice PIesident Secretary FURTHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exeIcise his authority as manager notwithstanding this delegation of author ity, The undersigned manager hereby ratifies and approves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice President and/or Ajay Kuttemperoor as Vice President prior to the date of this consent and affirms that they are the valid and binding obligations of the Company.. That the foregoing resolutions and the authority thereby conferred shall remain in fulJ force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect.. IN WITNESS WHEREOF, the undersigned manager has executed this consent as of the L day of J.......t..., ' 200).' DEPARTMENT OF THE .ARMY JACKSONVILLE DISTRICT CORI'S OF ENGINEERS FORT MYERS REGUlATOR'a OFFICE 152D ROYAl PALM SQUARE BOULE'\.ARD,SUrIE 310 FORT MYERS FlORIDA 33919 Aoenda Item No, SA ~ March 27, 2007 Page 33 of 87 March 2, 2005 Regulatory ~ivision South Permits Branch/West Permits Section Fort Myers Regulatory Office SAJ-2003-7585 (LOP-COC) --REV. 2--- Gulf Shores Marina, LLC C/o Kenneth A Main II, Manager 3470 Bayshore Drive Naples, Florida 34112 MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA Dear Mr Main: This is in reference to your request for a permit to perform work in or affecting waters of the United States Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899, mY are al.fthorized to r~lace the existing marginal dockage.along the seawall at Gulf Sliores....(;farTria~wjtfj..ffoatirig't ~ marginal docks along the seawalL~The project is located on 1.48 acres of uplands, on an unnamed manmade canal and terminal basin that lead to Haldeman Creek, to Naples Bay, in Section 14, Township 50 South, and Range 25 East, at 3470 Bayshore Drive, Naples, Florida, Latitude: 260 01' 16" North, Longitude: 81' 46' 15" West The floating docks would be identical on each side of the canal and basin and would be 112' x 5', plus an 8' x 15' platform with a 4' x 15' ramp leading to it, for a total or approximately 240 linear feet (1,380 square feet) of over-water structures, The Standard Manatee Construction Guidelines of 2001 shall be used, In accordance with the enclosed project plans (Attachment A - 8 pages dated 12 April 2004), Department of Environmental Protection Permit Number 11-0177-46-002- ES04 (Attachment B - 4 pages), General Conditions (Attachment C - 4 pages), Special Conditions (Attachment D - 1 page), "Standard Manatee Construction Conditions" (Attachment E - 5 pages), Self-Certification Statement of Compliance (Attachment F- 1 Page), and As-Built Certification (Attachment G - 3 Pages); which are incorporated in, and made a part of, the permit. Enclosed is a Notice of Authorization (yellow placard), which should be displayed at the construction site When you begin work you must notify the District Engineer's representative, in writing, at the letterhead address of: Agenda Item No. 8A March 27, 2007 Page 34 of 87 SAJ-2003-7585 (LOP-CDC) Gulf Shores Marina 2 a. The date of commencement of work; b, The dates of work suspensions and resumptions if work is suspended over a week; and; c The date of final completion, If the work authorized is not completed on or before March 2. 2010 I this authorization, if not previously revoked or specifically extended, shall cease and be null and void You are hereby advised that you may accept or appeal this permit.. Enclosed is a combined appeal options and request for appeal form (2 pages) that identifies your rights and options regarding the administrative appeal of this decision Any objections to the enclosed permit must be received by the District Engineer within 60 days of the date of this letter, or you will forfeit your right to appeal the permit in the future, Attached is a two-page customer service survey form. If you have any comments on the service you have received during the evaluation of this application, please return the survey to the letterhead address BY AUTHORITY OF THE SECRETARY OF THE ARMY: /~ !J . ~ / ~ Ro ert M. Ca;p~"'" C lone!, US, Iply-. District Engineer THIS PERMIT CONTAINS 7 ATTACHMENTS, TOTALING 26 PAGES Attachment A - PERMIT DRAWINGS (8 Pages dated 12 April 2004) Attachment B - WATER QUALITY CERTIFICATION (Florida Department of Environmental Protection permit #11-0 177046-002) in accordance with the General Condition number 5 on page 2 of this DA permit - 4 Pages) Attachment C - GENERAL CONDITIONS (4 pages) Attachment 0 - SPECIAL CONDITIONS (1 page) Attachment E - STANDARD MANATEE CONSTRUCTION CONDITIONS (5 pages) Attachment F - SELF-CERTIFICATION STATEMENT OF COMPLIANCE (1 Page) Attachment G - AS-BUILT CERTIFICATION (3 Pages) Copy furnished (w/o enclosures) Agenda Item No. SA March 27, 2007 Page 35 of 87 SAJ-2003-7585 (LOP-COC) Gulf Shores Marina 3 Copy furnished (w/o enclosures) FDEP; Fort Myers, FL (11-0177-46-002-ES04) Christian Spilker Turrell & Associates, Inc 3584 Exchange Avenue, Suite B Naples, Florida 34104 CESAJ-RD. E Reading Copy \.ppLicant: Gulf Shores Mmina, LLC \. ttac hed is: <;. I INITIAL PROFFERED PERlvflT (Standard Permit or Letter of ermission") PROFFERED PERMIT (Standard Permit 01 Letter of emlission) 1 PERMIT DENIAL ,I\PPROVED JURISDICTIONAL DETERMINATION PRELIMINARY J\JRlSDICTION.A..L DETERMINATION Agenda Item No, SA ".., "7 ection below A B C D E t~~~~]f!~j~!~~!~~~Iftfli~t:~J1}r~i~~(~~;~~~~~rr?- \: .L'-TITIAl PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If YOll received a Standard Permit, you may sign the permit document and retum it to the district engineer fOt final authorization If you received a Letter oTPermission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit OB TECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein., you may request that the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer Your objections must be received by the district engineer within 60 days of the date of this notice. or you will forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate yOU! objections and may: (a) modifY the permit to address all of your concerns, (b) modify the permit to address some OfyOUI objections, or eel not modify the permiT having determined that the pel mit should be issued as previously wr itten After evaluating your objections, the districT engineer"" ill send YOll a proffered permit for yom reconsideration, as indicated in Section B below" :5: PROFFERED PER.J.vIIT: Yau may accept or appeal the permit ACCEP T: If you received a Standard Permit, you may sign the permit docum~nt and return it to the district engineer for final authorization If you I eceived a letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the SIandar d Permit 01 acceptance of the lOP means that you accept the permit in its entirety, and wai ve all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit, APPEt..l: If you choose to decline the proffered permit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This fann must be received by the division engineer within 60 days of the date of this notice c: PERJvlIT DENL6...L: Yau may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process JY completing Section II of this form and sending the form to the division engineer This form must be received by the division =ngineer within 60 days of the date of this notice D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new infoID1ation . ACCEPT: You do not need to notii)' the Corps to accept an approved TO Failure to notifY the Corps within 60 days of the date of this norice, means that you accept the approved TO in its entirety, and waive all lights to appeal the approved TO .:....PPE.'\L: If YOll disagree with the approved TO, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this foml and sending the form to the division engineer This form must be recei\,ed by the division engineer within 60 days of the date ofthis notice E.:.. PRELLMINARY JURISDICTIONAL DETERMINATION: You do l10tneed to respond to the Corps rding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved YD ly"hich may be appealed), by contacting the Corps district fOI further instruction. Also you may provide ne'\\ information fel! further consideration by the Corps to reevaluate the Tn Agenda Item No. S/\ f\!1;::m-:h ?7. ::;>007 ;ECTIONIl - REQUESTFORAPPEAl orOBJECTIONS;rOANill\TITIAL-PROFEEREDPER.N1!flge 37 of 8, U:ASONS FOR APPEAL OR OBJECTIONS: (DescIibe YOUlleasons for appealing the decision 01 your objections to an litia! plOffered permit in cleal concise statements YOLl may attach additional information to this fornno clarify where your reasons IT objections are addressed in the administ! ative record) ADDITIONAL fN FORJvlATJ ON: The appeal is limited to a review of the administrative record, the Corps memorandum for the I eeor d of the appeal confe: ence or meeting, and any supplemental information that the review officer has determined is needed to cJaT if) the administrative record Neither the appeliant nor the Corps may add new information or analyses to the record However, VOll may provide additional information to clarify the location of information that is already in the administrative record, POINT OF CONT CT. FOR. ".UESTIO.NS...O:n.n,TC'Q.R1""A""':crTO"".,..'.,.",.,...,.,.,""'c,;,.,oi..".... ,'-".' ,.;..,:"',, ... ;...c,. :,., ... " , _ . 1..: .' . ,.' .A.. "": V. .:_ _- ", ',,_ "!)..,~l~r.. "1..Vlritl'.l".'!l:N,::::s_::~~~~.!:~:'~.:',<...;::i,::. ,,:~,J~~;-1,:'-iI~.~. :'~"--' _'. ,..'<_~'; '_':'>"_ .~.. ......:~>~,_; '_......" If you have q'.lestiOfls regarding this decision andlor the appeal If you only have questions regarding the appeal process you may process you may com:act: also contact: MI Sklp Bergmann ltelephone 239-334-1975) MI Charles Sclmepel (telephone 813-769-7071) US A.nn) Corps of Engineers, Jacksonville District US Army Corps of Engineers, Jacksonville District F art Myers Regu lator)' Office I ampa Regulatory Office 1520 Royal Palm SqU'lJ e Bou leva! d; Suire 3 J 0 10117 Princess Palm Drive, Suite 120 Fort Myers, Florida 33919 Tampa, Florida 33610 R1GHT OF EN 1 RY: Your signan:re below grants the right of entry to Corps of Engineers personnel, and any government CJr:sll~rants 10 condllct lnvestigations of the project site during the course of the appeal process YOl': will be provided a 15 daJ l10rice or ::my siteim.estigation, and will have the opportunity to participate in all site investigations, Date: Telephone number: Signature of appellant or agent. NOTICE OF AUTHORIZATION Agenda Item No. SA March 27,2007 Page 38 of 87 Agenda Item No. S.D.. March 27,2007 Page 39 of 87 i\.TT.l~CHl\1ENT A PERMIT DRA \VINGS (8 pages dated 12 April 2004) gl600 -0,- "',JO "0 B::: Sj '<j' (l).J:: (l) ......l.)0l ,-CO COCOa.. -g2: (l) OJ ~ 1';<':;:-' ..,,-,-:=~~;g~. .",'. .:. ~',:~,~' _~t.':~~' -~W-..~~~~~,~~~:~~\~:~<;~f~~;~,~ ,:'''-i """~i~ ...:;:-- ,,:,,;"""\'\~~;'\"~ ~~ EcCS",J J' ~~~ rt;.~ :~...~~L~: i1T.~...Cl6th"'~ ci ~'.'.' ", .-,:Xl ::> ~! '<<:: .r.;,._.~~ o;$,; l!LJ i;;1 ~'. ';1" '. ~ ~ :::, t4.: ~ '. ',' ~. "Chi i . , '''Cr,'' ": . ...... ,-,,---".-' ~: f ",,, - "'''''0'' ,,'~' " ',-, - .." ~ ti;"~~l{;r ~:;~fi!~;]i;j,tt ~ d c..-.. J ,..- O( o j lJ~ [l o [lJ 1= d I .._~ (f) ---.---- c: ( ~J 6- ~ r;;;: r;.;; "!. ;'"" 1= ~ ? ~ o <( a.. ;2" )/V ~%:-V) y' ,t .I ./ / i / ./ / / ~ rr r.f ~\ >- w ::::: , \ \ \ \ " " , \., Of ti ~ ww ~ "-- mo ?c;: . 'IF ,f"= h ~, d' ():. () Ell, __.::l!. 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Agenda Item No. SA March 27, 2007 Page 49 of 87 A TT ACHl\1ENT B FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERl\1IT SPECIFIC CONDITIONS (4 pages from #11-0177-46-002-ES04) <(1'-1'- 22..0 CO ~ Q- J 0 -0 t: N L!1 (I)..c (!) .::::eg> COCOa.. 2::2: (I) O'l <( 1 u ~" IlOOl>lO!l I -L.).J I 133WOS NIS'ofB = ~c or "',,-9- .., ;:-@/-@- w '-' 0 - ",P'" _ ~ ~~~i:~ i== i!5 "'~ ~o~~~ ..~ :IE ::E " -' .. ~ g t=":' en 0 <l...l.t!L a:! +.-T/ !Ii -'-' 9 w ... il_ !i- "'~ _ a: _ _ [J/ ~ ---~- ~ / ~ III ~~ i ~ Nt~nw -9 ~ 111\ I I I '" ::E i =t.~~~~~. ONIEO,~-"1I11 a: ~~- -:5- ~ - g ~~ 1 - ~ 0 ~te= ~~e:=,;te~:e= =e ~ = N == rD 1Il! w ~ ~ ot ,t7;\ot -w U. 3-15- 1--~-~-:5~~"'I":'i ~ -~ ~ c-- _ -ili_ I--~_ _~~ ~g; ~ -~ f-- _ _ >-- ~ \-- _~~ _ ~ -\: I~ = ~= k~~5~ =pL~! · ~ :~ I ~- /~ il~~~/ I I\~ == I ~ I ~ A";Y l:! )AIlIO 1I.3V1)>lVl i-- I J: a: V j 't:)1 I T T T - - f--- i-- - !;:: I-;- w' -~~ 0 o ~~o -.. i-- 6 ~ t;;;t~ -I:'--::l ><...ts - ~ i-- :IE ~c -!)i_a:! (Jet: _CD_ c9 ~- -!i - ,.-- /a: ~ a: c ::l :IE a:! rD U. ::E a: - - - -T- -g-- =t= -r I - - II IIIJI I - -- === -- -== I ~-- w_ ::l~_~ ;z "'_- '" - I:':'~- ~~- "'-- -- ==== -- -- -- -- JW:lS Ql "'" / Z- - ~ Il ~ ~ e II c ;;; J DI I i II! !: I ...... -- .. ::l :II D- <C ~ C) Z - Z o N N 10 o o - 0: < , CD o o N I n. ;:) 2 .. z o !:: I- W n. a.. <C :E z o - I- <C U o ...J Department of Environmental Protection Agenda Item No. SA March'27, 2007 Page51 ()f 87 Jeb Bush Govemor South District P.O. Box 25-f9 Fort Myers. Florida 33902.2549 David B.. Strum , secretiry SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVIRONMENTAL RESOURCE PERMIT REV. 2 CERl'll'Uill MAIL NO.. 7003 10100004 1397 2109 RETURN RECEIPT REQUESTED MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA PERMITTEFJAUTHORIZED ENTITY: A & D Enterprises of Naples Inc. ____ c/o Mr" Michael Hawkins TUII'ell & Associates Inc, 3584 Exchange Ave Suite B Naples Florida 34104 Permit/Authorization Number: 11-0177046-002 Date of Issue: December 22, 2003, Expiration Date of Construction Phase: December 22, 2008 County: Collier Project: construct 1,381 sq. ft. of commercial dock for an existing marina facility , This permit is issued under the authority of Part IV of Chapter 373, Florida Statut~ (F.S.), . and Title 62. Florida Administrative Code (F.A,C.). The activity is not exempt from the requirement to obtain a Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- 113, FA c.., the Department is responsible foI' reviewing and taking final agency action on this activity. The State of Florida herein notifies the U ,S. Army Corps of EngineelS and any other interested parties that this permit is issued under the "net improvement" provision of Section 403.918(2)(b), Florida Statutes, and does not constitute a Federal Watel Quality Certification. Where applicable (such as activities in coastal counties), issuance of the environmental resource permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. The Title and Land Records Section, Department of Environmental PlOtection. has reviewed the location of the proposed project as described in the above referenced application and has determined that the plOject, as described, does not involve the use of sovereign submerged lands. Accordingly, no further authorization will be required from the Submerged Lands and ~'More Protection. Less Process" Printed On rccyded paper. Agenda Item,No.. 8A , March 27, 2007, ' Pag,e :5~ ~f ~7 Permittee: Mr.. Keith Main IT I A&D Enterprises of Naples Ine.. . Permit No. 11-0177046-002 Page 2 of 11 .. Environmental Resources Program. designated agent to the Board ofTIUStees of the Interrial Improvement Trost Fund, pursuant to Chapter 253..n. F.S. A copy of this authorization also has been sent to the U.s. Army Corps of Engineers (USACOE) for review. The USACOE may Iequire a separate permit FailUIeto obtain this authorization prior to construction could subject you to enforcement action by the USACOE. You , are hereby advised that authOIizations also may be required by other federal. state and local e~tities. ' This authorization does not relieve you from the requirements to obtain all other required permits ' and authOIizations. The above named Permittee is hereby authorized to construct the wOIk shown on the , application and approved drawing(s), plans and other documents attached hereto OI' on fil~. with the ' Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached 1 - 19 Generlll and 1 - 14 Specific Conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions pdor to commencing the authorized activities, and to ensure the work is conducted in confonnance with all the terms, conditions and dIawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions plior to commencing the authorized activities. Failwe to comply with all drawings and conditions shall constitute grounds for Ievocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except when deteIIDined to be in conformance with all applicable IUles and with the genetal and specific conditions of this pennitlceltificationlauthorization. as specifically described below. ACTIVITY DESCRlPTION: ,'fatQ'CQ.Nct:t.o'~,doCb~'t.utiq.ft:~;~,..""'.':t .-a.J.?tO~"": " ., " , ACTIVITY LOCATION: Located 2818 Lakeview Drive, Collier County, Section 14. Township 50 South. Range 25 East. Class ill Waters GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans. specifications and perfolmance CIiteria as approved by this petmit.. Any deviation from the permitted activity and the conditions for un~ng that activity shall constitute a violation of this permit and a violation of PaIt FOUl of Chapter 373, Flotida Statutes (F.S.). Agenda Item No, 8A March 27, 2007 , Page 53 of 87 , Permittee: MI'., Keith Main II I A&D Enterprises of Naples Inc. Permit No. 11-0177046-002 Page 3 of 11 2_ This pennit or a copy thereof, complete with all conditions, attachments, exhibits, ~d modifications shall be kept at the work site of the pemri~d activity. The complete permit. shalf be . available for review at the work site upon request by the Department staff.. The permittee shall require the contractor to review the complete pennit prior to commencement of the activity " authorized by this pennit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management . practices for erosion and pollution control to prevent violations of state water quality standaIds. Temporary erosion control shall be implemented prior to and during construction, and permanent contIol measUles shall be completed within seven (7) days of any construction activity. Turbidity barrieIs shall be installed and maintained at all locations where the possibility of transfem.ng : suspended solids into the receiving waterbody exists due to the pexmitted work. Turbiditybauiers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established All practices shall be in accordance with the guidelines and specifications described in Chapter Six of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall conect any erosion or shoaling that causes adverse impacts to the water resources, 4. The permittee shall notify the Depaztment of the anticipated construction start date within' thirty (.30) days of the date that this permit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3). Florida Administrative Code (F.A.C.)) indicating the actual staIt date and expected completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report FOlm" (Form No. 62,.343,.900(4), FAC.). Status Report Forms shall be submitted the following June of each ~eaI'. 6. Within thirty (30) days a'ter completion of construction of the permitted activity, the permittee shall submit a written statement of -completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.AC.)., The Statement of completion and certification shall be based on on-site observation of construction 01' review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notifY the Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered dwing the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations note_ Both the original and revised specifications must be clear.ly shown. The plans must be clearly labeled as "as-built" or Agenda Item No, SA March 27,2007 Page 54 of 87 Permittee: MI'. Keith Main IT I A&D EntexpIises of Naples Ine. PeImit No. 11-0177046-002 Page 4 of 11 . 'Irecord" drawing~ All surveyed dimensions and elevations shall be certified by a registered. , sUIveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition number six (6) above, has submitted a "RequeSt for Transfer of Environmental Resource Pennit Construction Phase to Oper'8tion Phase" (Form 62-343.900(7), F .A.C.); the Department determines the system to be in compli~ce with ,~~ ..' permitted plans and specifications; and the entity approved by the Department in accordance With Sections 9,0 and 10.0 of the Basis of Review for Environmental Resource Permit Applicati~ns Within the South Florida Water Management District-AugUst 1995, accepts responsibility for' opelation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the pennit beComes effective. ' Following inspection and approval of the ~tted system by the Department, the permittee shall initiate transfer of permit to the approved Icsponsible operation entity if different ftom the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d), F.A.Cn, the permittee shall be liable for compliance with the terms of the permit 8.. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions pdoI'to the initiation of the pe:nnitted use of site infrastructure located within the area selved by that portion or phase of the system. Each ' phase or independent portion of the system must by completed in accordance with the pet:initted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the . phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement 01' deed restriction in order to enable that entity to ,operate or maintain the system in conformance with this permit, such easement or deed reSlIiction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Bnviroiunental Resource Pemlit Applications Within the South FlOIida Water Management District-August 1995. priOr to lot or unit sales or prior to the completion of the syste~ whichever occurs fust Other documents conceming the establishment and authority of the operation entity must be f1led with the Secretary , of State where appropIiate. For those systems which are proposed to be maintained by the coUnty 01' municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government . entity.. Failure to submit the appropriate final documents wiU result in the permittee remaining liable fOI carrying out maintenance and operation of the permitted system and any other permit conditions.. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a peIInit modification is required. Aaenda Item 1\10, SA ~ fv'1arch27,2007 Page 55 of 87 . Permittee: Mr. Keith Main n I A&D Enterprises of Naples Inc. PermitNou 11-0177046-002 Page 5 of 11 11. This permit does not eliminate the necessity to obtain any required fedezal, state, local , and special district authorizations prior to the start of any activity approved by this permit."Tbis .. permit does not convey to the permittee or create in the permittee any property right, 'or any inteiest ' in real property. nor does it authorize any entrance upon or activities on property which is not' ': owned or controlled by the permittee, 01' convey any rights or privileges other than those specified in the pemrit and Chaptet 4OE-4 or Chapter 4OE-40, F,.A.C. 12. The permittee is hereby advised that Section 253.77 t F.S . states that a person may not commence any excavation, construction, or other activity invol ving the use of sovereign or other lands of the state~ the title to which is vested in the Board of Trustees of the Internal Improvement TIllst Fund without obtaining the required lease, license, easement, or other form of cO~sent u . authorizing the proposed use.. Therefore, the permittee is responsible for obtaining any necessaIy authorization from the Board of Trustees prior to commencing activity on sovereignty lands or othez state owned lands. ' 13. The permittee is advised that the roles of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 4OE-20,302(4), F.A.C., also known as the "No Notice" rule.. 14. The permittee shall hold and save the. Department harmless from any and all damages, claims, or liabilities which may arise by reason of the constIuction, alteration, operation. maintenance, removal, abandonment or use of any system authorized. by this permit. 15. Any delineation of the extent of a wetland or other surface water s~mitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal detezmination under Section 373.421(2).. F.,S., provides otherwise, 16. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other uansfer of ownership or control of a permitted system or the real property on which the permitted system is located, All tIansfers of ownership or tImsfers of a permit are ' subject to the'requirements of Section 62-343.130, F.A.C. The permittee uansferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale. conveyance or other transfer of the system.. 17. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. Agenda Item No, 8A March 27, 2007 , Page 56 qf 87 '. Pennittee: Mr. Keith Main II I A&D Enterprises of Naples Inc. Permit No. il-Ol77046-002 Page 6 of 11 19. The peImittee shall immediately notify the Depmtment in writing of any previousiy submitted information that is later discovered to be inaccur8.te. SPECIFIC CONDITIONS: MANATEE PROTECTION: 1. The perniittee shall comply with the following manatee protection constIuction conditions: a.. The permittee shall instIl,lct all personnel associated with the project of the potenti31.' " ' . presence of manatees and the need to avoid collisions with manatees,. All constIuction personnel are ';' ',' ..' responsible for observing water-related activities for the presence of manatees. ".,' b. The permittee shall advise all construction personnel that there 8re civil and ainiinal penalties for harming, harassing, or killing manatees, which are protected under the Marine' ,Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.. c,. Siltation barriers shall be made of material in which manatees -cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entrapment. ' Baniers milst not block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idIe speeds at all times while in the construction mea and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom., All vessels will follow routes of deep water whenever possible, e. If a manatee is sighted within 100 ymOs of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not opeIating any equipment closer than SO feet to a manatee, and immedhltely shutting down equipment if a manatee comes within SO feet of the equipment: Activities wili not resume until the manatees have depmted the project area of their own volition. . f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) for South Florida. goo Temporary signs concerning manatees shall be posted plioI' to and during all construction/dredging activities,. All signs are to be removed by the pennittee upon completion of the project A sign measuring at least three feet by four feet which reads "Caution: Manatee Areri' shall be posted in a location prominently visible to water related construction crews. A second sign Agenda ,Item No. 8A Mar.ch 27, 200.7 Page 57 of 87 Permittee: Mr, Keith Main II I A&D Enterpdses of Naples Inc. PeImit No. 11-0177046-002 Page 7 of 11 shall be posted if vessels are associated with the construction and shall be placed visible to the vessel operator.. The second sign shall be at least 8 1/2 inches by 11 inches and read: . . Caution.~ M~atee Habitat. Idle speed is required if operating a vessel in the' con~truction area, AU equipment mu.st,be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be repolted immediately to the FWC Hotline at 1-888-404-FWCC (1-888404-3922).. The U.s.., Fish and Wildlife Service should also be contacted in lacbonville (1-904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) foT' South Florida. ' Specific information on obtaining these signs may be obtained by contacting the Department 01' FWC at (850) 922-4330. " ' CONSTRUCTION: 2,. The Department of Environmental PI'Otection Fort Myers Disnict office, P. O. Box 2549, Fort Myers, FL 33902-2549 shall be notified in writing 48 hours prior to commencement of work. 3. Best management practices (primarily turbidity screens) for erosion and turbidity control shall be implemented and maintained at all times dming construction and opelation of the pennitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Rule 62-302, F.A.C.. The Permittee shall be responsibl~ for ensming that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of consnuction authorized by this permit until all areas that were disturbed during constIuction are sufficiently stabilized to prevent erosion, siltation, and tUIbid discharges" 4,. The permittee shall use concrete and or PVC wrapped pilings where indicated on the attached pennit chawings for the floating docks authorized by this permit. Any CCA-treated pilings aSSOCiated with the permitted structure shall be wrapped with impexm.eable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least I' above the seasonal high water line and shall be maintained over the life of the facility.. 5,. Within 30 days of constIuction completion, the Pemlittee shall submit to the Department a detailed report describing the completed consnuction and including as-built drawings showing all structures and bathymeay of the project area,. The submitted drawings shall be plan and cross- sectional view dtawings, fully scaled and dimensioned, signed and sealed by a registered professional engineer, showing the entire project area. These drawings shall clearly indicate the deviations from the permit dtawings attached to this permit. OPERA nON: Agenda Item No, SA March 27, 2007 Page 58 of 87. Pemlittee: Mr, Keith Main IT I A&D Enterprises of Naples Ine, Pennit No. 11-0177046-002 Page 8 of 11 6. The permittee shall install and maintain a display that provides information on the charactelistics of manatees and the potential threat to the endangered species fiom boat opera~ori. . , Permittee agxees to install and replace the signs in the event the signs fade or become damageA, im'd : maintain these signs for the life of the facility. Permittee shall install, and display Signs' within '30 ' days prior to completion of construction. The number, type, and procedure for installatiOn should be in accordance with the handout "Permanent Manatee Signs", which can be obtained from the, Bureau of Protected Species Management, OBS-BPS, 620 S. Meridian Street, Tallahassee Floiida 32399..1600 (phone: 850-922-4330)., ' 7. The permittee shall install and maintain a literature display to distIibute (at no chatge) the "Collier County Manatee P:t9tectionZone" booklets to boaters using the docking facility. The :.- booklets are available free of charge from the Florida Inland Navigation District (561-627-3386). " 8, All future authoIized replacement pilings for support of the floating docking structures shall be non-CCA-Ieaching (recycled plastic, concrete, greenheatt, orwmpped with impeI~eable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments). The PVC sleeves shall be instailed concunently with the installation of the pilings, shall extend fiom at least 6" below the level of the substIate to at ' least l' above the seasonal high water line and shall be maintained over the life of the facility. 9. Disposal of fish wastes in the water shall be prohibited for the life of the facility. l04~ Facilities other than those stated herein shall not be con~ttucted without an approved modification of this permit. 11.. All requited submittals such as certifications, monitoring repoIts, notifications, etc., shall be submitted to the Florida Depattment of Environmental Protection, South DistIict Office, P.O.. Box 2549, Fort Myers, FL 33902-2549. All submittals shall include the project name and indicated permit number when referring to this project. 12.. The peI'mittee shall provide written notification to the Depattment's Fort Myers District office, P.. 0.. Box 2549, Fort Myers, FL 33902-2549 within 72 hours of constIuction completion. 13. The following measures shall be taken by the permittee whenever' tutbidity levels within waters of the State surrounding the pmject site exceed state water quality standards established pUI'suant to Rule 62-302, F,A.C.: a, Immediately cease all wOlk contIibuting to the water quality violation. b. Modify the worK procedwes that were responsible for the violation, install more . turbidity containment devices, and repair any non-functioning turbidity containment devices. c, NoQ,fy the DEP South District office at (239) 332-6975 within 24 hours of the time the violation is first detected. 14.. Operation of the permitted facility shall comply with applicable State Water Quality Standards, namely: Agenda Item No, SA March 27, ::Z007 Page 59 of 87, Permittee: Mr. Keith Main II I A&D Enterprises of Naples Inc. Pemlit No. 11-0177046-002 Page 9 of 11 62-302.500 - Surface Waters: Minimum Criteria, General Criteria 62-302.530 - Table: Surface Watel' Quality Criteria. RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date fIled with the , Clerk of the Department unless 'a sufficient petition for an administrative hearing is timely filed under Sections 120..569 and 120..57 of the Florida Statutes as provided below.. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review PI'OCe$s:. " Therefore, on the filing of a timely and sufficient petition, this action will not be final and effeCti~e ' until further order of the Depmtmenl Because an administrative healing may result in the revCIsal or substantial modification of this action, the applicant is advised not to commence construction or ' other activities until the deadlines noted below for filing a petition for an administ:xative hearing or request for an extension of time have expired. " '-,:. ... ':',;.'..,c.:: " Mediation is not available.. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120..569 and 120..57 of the Florida Statutes.. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.. Under Rule 62-110.106(4) of the Florida Administ:xative Code, a person whose substaritial interests are affected by the Department's action may also request an extension oftime to tile a petition for an administrative he8Iing. The DepaItment may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be moo with the Office of General Counsel of the Dep8Itment at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toU the running of the time period for filing a petition until the request is acted upon. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding" InteIvention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code.. In accordance with Rules 28-106.111(2) and62.,llO.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3) of the Florida Statutes, must be filed within 21days of receipt of the written notice, whichever occurs first.. Under Section 120..60(3) of the Florida Statutes, however, any Agenda Item No. SA March 2,7,2007 . ,Page 6Q of8r, ' PelnUttee: Mr.. Keith Main n I A&D Entetprises of Naples Inc. Permit No. 11-0177046-002 Page 10 of 11 ',," .. person who has asked the Depmtment for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication.' , The petitioner' shall mail a copy of the petition to the applicant at. the address indicatOd above at the timer of filing. The failure of any person to file a petition fOI an administrative hearing within the appropriate time period shall constitute a waiver of that person' s right to request an administrative determination (heaxing) under Sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based muSt: contain the following infoImation: ' ' , . . . (a) The name and address of each agency and each agency's file or identification " ,', number, if known; . (b) The name, address and tel~hone number of the petitionex; the name, address and telephone number of the petitioner's representative, if any, which shall be the address for service purposes dwing the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; . (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact.. If there ~ none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends wanantreversal or modification of the agency's proposed action; (f) A statement of the specific Rules or Statutes that the petitioner contends require reveIsaI or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based ' shall state that no such facts are in dispute and otherwise shall contain the same infonnation as set forth above. as required by Rule 28~106.30L ' Under Sections 120.569(2)(c) and (d) of the FloIida Statutes, a petition for administrative hearing must be disrilissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed, This pennit constitutes an order of the Department Subject to the provisions of paragraph 120,,68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the Older under Section 120.68 of the Florida Statutes, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevmd, Mail Station 35. Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is fled with the Clelk of Agenda Item No. SA . rvlarch 27, 2007 Page 61 of 87 Permittee: MI'.. Keith Main II I A&D EnteIprises of Naples Inc. Permit No,. 11-0177046-002 Page 11 of 11 the Department.. The applicant, or any party within the meaning. of Section 373. 114(1)(a) or 373.4275 of the Rorida Statutes, may also seek appellate review of the order before th~ 4rid an.d W'ater Adjudicatory Commission under Section 373.114(1) or 373.4275 of the Florida statUtes. , Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date :when the order is filed with the Clerk of the Department Executed in Fort Myers, Rorida STATE OF FLORIDA DEPARTMENT OF ENVJRONMENTAL PROTECTION ~ .JMIII.ABlMRWpa EnclosW'eS: 4 pages attached 6 drawings attaChed Copies furnished to: US, Army Corps of Engineers, Fort Myers; log # 4052 Florida FISh and Wildlife Conservation Commission, Division oflaw Enforcement Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species CoIIier County Property Appraiser CERTIFICATE OF SERVICE The undersigned duly designated deputy clez:k hereby certifies that this pennit, including all copies were mailed before the close of business on December :la.. .200.3, to the above listed persons, FILING AND ACKNOWLEDGMENT Fll..ED, on this date, pUt'suant to Section 120.52(9), F.S., with the designated Department clerk, receipt of which is hereby acknowledged.. 9'cl~ I CleIk' Izlz~1 ~ , Date Agenda Item No, SA March 27,2007 Forin~2..343.900(3\. F.A.C. ... Page 62 ,of 87 Form nUe: ~9n,lruction. , , Qpmmef1c::ement Noti~ Date: October 3.1995 . . ENVm,ONMENTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I hereby notify the Depa,rtmen~ of Environmental Protection that the construction of . .' . the' surface water management system authorized by Environmental Resource Pennit - . : . ~.' . , No. h~ co~enced I is expected to commence on weeks 200--:-, and will J'Cquire a diuation of appro~ately __ months. . days to complete. It is und~rstood that should the constIUcti~c. term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. PLEASE NOTE: .Ifthe actual construction commencement qat.e is not known, Department staff should be so notified 'in writing j.n ordeI' to satisfy perout Conditions. . Permittee or Authotized Agent Title and Company Date "- Phone AddI'ess ,tl,genda Item No. SA , March 27. 2007 . Page 63 of 87 Form # 62-343,900(4\. F.A.C",., . Form TItle: Annual Status ReMit Date: October 3 1995 '., . ENVIRONMENTAL RESOURCE PERMIT ANNUAL STATUS REPORT FORM Florida Department of ED vir' on mental ProteCtion Permit No. County: Project Name: Phase: The folJowing activity has occurred at the above referenced project dl1rln~the past yeart between June l,19_and May 30. 19_. Permit Condition I Activity % of Completion Date of anticipated Comp~etioD Date of Completi9n (Use Additional Sheets As Necessary) Ben~hmar-k Description (one per major control structure): Print Name Phone Permittee's or Authorized Agent's Signatur'e This fOT'm shall be submitted to the above referenced Department Office durioi June of each year for activities whose duration or construction exceeds one year. Title and Company Date Agenda Item No, 8A , ,Maroh 27, 2007 Form f62.343.l}OOfs\: ',".r: Pqg~ 64 of 87 Formn~e: As-BulltC~rtIfieat!Oll' " bv . RePht~i'ed Pmruslonirl : . . ' ' Date: Odober 3. t 99~ ' ' , " '..' ENVIRONMENTAL RESOURCE PERMIT AS-BUlL! CERTIFICATION BY it. REGISTERED PROFESSIONAL Permit Number: Project Name: ' I hereby certify that all components of this surface water management.system have been built substantially in acc:or~ce with the approved plans and specifications and are ready for hispection Ally substantial deviations (notc$1 below) from the' approved plans and specifiCations will not pteVeD.t the System from functiomng u designed when properly maintained and operated. These detennination~ are based upon on.s~ observation oftbc system conducted by me or by my designee under my direct supervision and/or my review of u-built plms cel1\fied by a registered professional or other appropriate Dldividual as authorized by law. ' Name (please print) Signature of Professional Company Name Florida Registration Numb~ - Company Address Date City, State, Zip Code Telephone Number (Affix Seal) Substantial deviations from the approved plans and specifications: (Note: attach two copies of as-built plans when there are substantial deviations) Within 30 days of completion of the system., submit two copieS of the form to: Agenda Item No. 8A 'v,,,,, v '27, 2007 Form #S2-~3.900m, FAC ,; .;Pi1g 65 of 87H FormTitle: R~auesl for Tran!:fer " ..... to Ooeratlon Phase ",;. " o ate: Oclober 3, 1995 . , . . REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION PHASE TO OPERATION PHASE (I'o be completed and submitted by the operating entity) Florida Department of Enyironmental Protection It is requested that Department Permit No" _ authorizing the constniction and openti~n of' a surface water management system for the below mentioned project be transf'~d from the constrUction phase permittee to the operation phase operating entity. ' PROJECT: --- FROM: Name:, Address: City: Zipcode: State: 10: Name: Address: City: Zip~e: State: The surface water man.agement facilities are hearby accepted for operation and maintenance in accordance with the engineers ~ertification and as outlined in the restrictive covenants and articles of incorporation fOl' the operating entity. ' Enclosed is a copy of the document tIansferring title of the operating entity for the common 8rcas on which the surl'ace water management system is located" Note that.lfthe operating entity has not been previoUsly app~ed, the appUcaIit should contact the Department staff prior to filing for a permit tIansfer., 'The undersigned hearby agrees that all terins and conditions of the pemiit and subsequent modifications, if any. have been reviewed, are unde~tood and are hearby accepted. Any propos'ed modificatio~ shall be applied for and obtained prior to such modification, Operating Entity Name 1 itle Telephone__' Enclosure: () Copy of'recorded transfer of'title surface water management system () Copy' ofplat(s) , () Copy of recorded restrictive covenan~, articles ofincorporation, and certificate of incorporation i I ~.~~ .. 000 ~ . 0...... Inn 'lO -\.0 -\.0 eN .J (l)..c (!) _(.)0) ~ ,( ~ro roroa.. e~ - . 'ct iii (l) liiii 0) " ~ W u :r: <( a: " >- Z ~ t- >- - ... Z Z ~ ! . - ~ ~ ! ": 0 ::> ' z II i ~ - 0 > i ~ ~ (.) ,<( Z ,- (t ...~ .<( ~ !i ~ :!E z 0 W ~ ~ () <( 0 0 -J 0 l- I () c:= w It fj) a a:: 0 ~ U. a. oJ ...J u.. z J IJ. :l C) 0 0 0 ] f~' ! w ct vi !~~ J- w oS 8 i CD '(3 - '~3 "Qi <( -' ga~f!f .J gJii=:; ~ 0 < $ aGo:. ~ UJ ~ ;! ... 0 . --alii 8 - c ~".s~" 3.'$0,:" e-.5~~~ ,...- .- ::.:c, <_w ClIO t:ar;R!\ij3T i'~ ~ ~.~ e. .. ,.J' 1r 1-; o t I i 0 II ~:) DO? ' . 1Il a 1.1. li.8 to E~ orJrJ' , 6..\ \~V' Ii i Po ---. ~ ~ 'J >~.- 11b:)"~ ' ~ .~....;,~ ' ':/ ---- ~~J ~3r' :;, ~}~. .. J: . " "..~'\ " .', l-. ". .. . ;';1 '" ~~..€. ' -".;''''' ~".j . . , '~<...~ t..~.:';;:'::~ r:' t.: ~.. ..... ' .r:~ ' .;7'E~ , ",.' . ; ... \ .~. 18 04 3:01PMi Ag~I~~ No, SA SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850__~~a__~38~L.,__.....vAUG. - .'''01 r.u" 'Marcn27,2007 ge 67 of 87 DAVIn K.1lr.EIL\H St..r.~ JOHN D.ltOOD .JkQODvm. ltlaIAllDA... coum' 'ta&npa .' I FW'RlDh FISH AN. JWILDUFE CONSER ATION Co ~l)WJN 1". RDDRIt'B, DC PUIIlIIco~ )tODNRY IlAKREl'O MIami SANDRA. T. KA.t1Pa , hb..-=I1 :1!NNrnt n. ,"UI)An, 1Dcw1~ DIl....Jur ffCl'Olt IlI1'ULD, ~ ~.... D\rc:cMr September 18.2003 Ms.. Pam.,)a Ammon DepartmCltt ofEnvironmentaJ. Protection South Distrid P.O, Box 2S49 Ft Myers. Florida 33902-2549 Re: MaDatee Impact Review, PUe No. 11- 0117046-002-ES04. A&D Enterprises/Gulf Shores MariDa. Haldeman Creek, Collier County. Dear Ms. Ammon. The Office ofE.nvironmental Ser:vices oflbc FloridILFish and Wildlife Conservation Commission has reviewed this application. and provide. thofoUowing commmts. A copy ofth.is letter will bo sent to the U.S. Army COrpl ofEngineers., Jacbonvine District, in compliance with the Fish and WIldlife Coordination Act. 'Ik applic;ant proposes to modify a dockiDg facility at aD Cllcisting lite. Tile project lite is located in a. oanaJ approximately O.S udles south of Haldeman Creek and 0.75 miles we$t ofthc =~T;~~SHi.~.'..Y.~::...=.=.,~~ ......drrf .up' ~ temporary~J.:iDOOriaI'IR-i,&.pplrciUit Owu . . . .~1 U'impacts to native habitat resources Juch as IUbmerpd aquatic;vegctatiOll arc anticipated. we would like the opportunity to rcCMIuate the projec:t with additional information conceming the loss of habitat expected It is our ~endatiOD that the fotlowin, meuuteS. if they arc made conditionJ oftile pemtit, WIll satisfy the requirements of313.414(1)(a) 2. Florida Statutes: 1. The standard manatee construction conditions shall be fonowed for aU in-water coDStnlc:tion, 610 SClIlI\l twlldltll Slftlct -TlllabwM . PL.. :U:l!)l)-I GOO REV. 2 _",I'.o;i1i_,unilWfi.UfI MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA c ~q: ~ " I': dun ~ ~ I ~ . . t!. 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I "- "- ace -0 w.- NO ~,,- EN"- (j)..c <1l ~2~ roo.. 2: to( ~ ~ ~ 2 <;l t") "" ~~iji 1-;;" ': t;....t:: ~~_..;'::J ~~ 1 ~ ... .A. O i .; , ,)}. "; ;. '\.J t . liJ" t.:: 0, . ~.u..., . . I Clin::: Z"':J !=z::: cnOz ~~:i g~~ ~~~ Li:~(,) :'::0 '-' ~ l- w o ~tu :.:::.:: (,)t) gi .- .. . ~ n iI ~l v v L. )0 Ii: g ~ ~gt: rJ f/) J 0". il; W ~;;t ~ ~:tg .~ ~~~~~~~. ~8 ~g~g~l~i ":Q ~a:;~~I"lEiti~ !::t; ." ~oCtX" ~~!Q~~ ~~j~~ ~ ~~~::gt=~I:I~~ ~ O"'iIiX~lt)3",:I~~ u.Qa:~V)a:a:il\~... WWWll.15~I;;;>:u.<l~ ~iX~",ioCa:~Z~> ~~li~I~~~~~ i6(/)O~Oa::~~il~. :$Z:!I:;OQ~ O~U (5Wj:!~~>>lo~a:c!i)o W~c!iUt:~:;tX~:i~ i!fI!3 Q -I ~ ~ ~ S ~ b 0 :;) 1=j:~<!l;WQ....~...F=lI) ~O 000000000 .... . . J., "' ; .. :.. ~-". ~r'\~'i Vi~ 9: ~ ~~ ~~ ~ '-' o c C) z ~ 9 LL ~II" II;. : . a a. i lD ~ g tllll g ~i~~ t I ~ C!i ~ ~ ~ Z - ~ <( ~ (j) ~ W z cr: ,~ o ~ I en (j) U. ...J :J C) tiJ~~~ =...r- " _~C'>w:> . I I . . "'''.:!l VlgO:!411 00"'_- ~ ~....g -3 .~ 1'1 gdr;~f rtli."i/ ~ ~ aa ~ ~ II o>J ..... :z: . ::Ialliog ~'.-s.s ~ o>J ~s~'r~ E-<-; .~; ::w"o, ~....101 CD f'r :. ~ .~~!j {('ri~njU; . AUG-18-04 3:01PMj Ag~It@~ No, SA ~ENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850_ .B.:~__,:~8~~_. ~_~..... .h'lIl C.II~;J lar~~ 72 ~?~; .' r FLotRIDA FISH AN. IWILDLIFE CONSER ATION Co ~DWIN..... RDlIEItTS. PC Peallac:oJil kO.DNRY.BAJlRETO MIami SANDJLl T.ICA.t1PB , Pab. Beach 0A,v%u IL MR1!.DAN St. r.~ .JOHN D. ROOD JacuOJlvl11. :l'NNE1'H n. RAUI)"n,l:lK\al~ Dh.....ur IIC'l'OU lTntLD, ~_I ~ DIrccs<lr September 18, 2003 Ms.. Pamela Ammon Department ofEnvironmenta1 Protection South Distric:t p,o, Box 2549 Ft, Myers, Florida 33902-2549 D.E.R .. South R.e: Meat.. Impact Ileview, file No. 11- 01 i7040-001-ES04. A&D EnterprUcslGulf Shores MariDI, Haldelt1l1l Creek, Collier County. Dear Ms, Ammon, The Office of Environmental Senrices of the Florida. Fi$h and Wlldlif., Conservation CommbsiO!l hu reviowed this applicaticm. and provide. the foUawing comments. A copy of this letter wm bo sent to the U.s. Army Corps of Engineers, Jacksouvine District, in compliance with the Fish and WUdlifo Coordination Act. Th~ applicant proposes to n)odify a doc:Jcina fa.oility at an cQting lito. Tbe project lite is located in a. canal approximately 0,5 riles south of Haldeman Creek IDd 0.75 mllCI west oftbc T~ TnaiJ (U.& Bighwa y 41). ..,~..........,_F."'.~. . -,)"-4. "JA ~~.'.... .11'._ CODSiItiJtl ofl .. ""'~,"aecl,fGr~~, J . . ,1_ p .pllIId . teniporary. tiM1;nDooriii'IRi'1IIe applfcaGi Ow. .. ~Jl Itimpa~5 to natlvo habitat mources such as IUhmcrged aquaUGvegctatiOQ aro anticlpatcda we would like the opportunity tQ rcavalu&te the project with Idditioaal informatioa C(!DCCfRiDg the loss ofbabitat eqJected. It is our recomme.odatiOD. that thd tollowiD, meuures, if they arc made conditional ohhe pcnnit. witl satisE'y the requiremenu ot373.414(1Xa) 2,. Florida StlllUtes: I.. The standard manatee consttuction conditions shall be fonowed for all in-wlter collSU'Uction, no ll~"lldolrl'''1l 811Kr.TlII101w1M . 1'1., . 'lD9'J-1 GOO REV. 2 _...IlGridt_'""",W.QrI MUP~2006.AR-10052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA I , I I i -, I 1 I i i I I I ! I i f i I I I l I t I I I I I I I i i I I ".____~_ __________ _L1L __ _~_--._ ___ ,:'\genda item Ncr:-op\-- - -. March 27, 2007 Paqe 73 of 87 SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850 676 2363j AUG.16-04 3:02PMj PAGE 3/3 -__.__.un ......, """""HUI1~ ,JUMNSON !NGINEElUNG 17591 P.009 Ms.. Pamclt Ammon September lB, 2003 Page 2 2 The permittee shall install and mai.nl.ain a display that provides information on the characteristics of manatees and the pottntiaJ threat to this endangered species from boat operation, Permittee agrees to installlUlcl repw:~ the signs in the event the signs &de or 'became damaged, and maintain these signs for the lite of the fecility. Permincc shall install and display sigrt$ within 30 day. prior to completion of construction. The number. type. and procedure for installation should be in ac:x:ordaace with the handout ''Permanen Manatee Signs", which can be obtained from the Buteau ofPlOtcdcd Species Management. OBS-BPS. 620 S. Meridian Street. 1'aUa.bassce, FL 32399-1600 (phone 850/922-4330). 3. A literature diJplay is installed to distribute (at no charge) the "Collier CQunty Manatee Protection Zones" booklets to boaters using tho docking fa.cility. The booklet. aro avaiblble tree of charge from the Florida Inland Navigation Distria (561-627-3386) or from CoUier County" the above-mentioned recommendations are considered necessary in. order Cor this proj to not significantly affect the conservation ofwildlifo, Please J10tify this offico of tho resu1~ of this rnanlltee impact review by copy of the Intent to Issue or Deny, and the final agency actlon. Please do Dot hesitate to call me at (850) 922-4330 if you have any Clucstlon" . " ;:: ~LJ-J Anne Richards. 'SnvironlJ1Cl1ta1 Speeialist Bureau ofProtectecl Species Mauagement Division ofWUdlife JAR c;~ItlOC\CIl!tic\AAO blcrpriI...outr f!h<<CI Mvll'l..nn.J,4oc cc: u.s, Army CArps ofEngincen. Jacksonville Me Bria.n Pridgeon, USFWS- Tamp& Mr, Mi~ae\ al.wkiIu REcetVED $e~ 12 2003 o_e.~ - south omrlct \ Agenda Item No, SA SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 8S0 B78 2383j AUG-18-04 3:02PM: W~~~~, 2007 .__.__..,n~ ......, ......~~....vv~ JU.t1NSOlf I!NGINEEP.ING .7591 p.cn Page 74 of 87 Ms., Pamela Ammon September 1&, ~003 Page 2 2, The permittee sball install and maintain a display that provides infOrmation on the charact.eristies of manatees and the po1a1tial threat to WI enda.nSered speci CI from boat operation" Permittee agrees to install BIld rep~e the siSns in the event the lip fade or become damaged. and maiDtain theso signs fox the liCe of tho falOllity. l'crmittec shan install and display ugmI within 30 daya prior to am1plction at CODItmctioa.. Tho number, type. and proc:edure for installauonlhould be in Iccordanec with the handout "Ponnanen M.natec Signs'", which can be obtalned fi'om the Buh:aU ofProtcctcd Species Managemant, OES-BPS, 620 S. Meridian Str~ Tallahasseo, PL 32399-1600 (phooo 8501912-4330). 3 . A literature display is installed to distribute (at no charge) the "Collier CQUnty Manatee PrDtootion Zones'" booldets to boaters using tho doc1cins tacU.ity. Tho booklc:tl wo available free or charge from the Florid.. Inland NaviptiOll District (561-627.3386) or from Collier County. The above-mentioned rccommcndatiOlU are considered necessary in order for this proj to not significantly affect the coaservation ofwilcllifo. .Pleue DOury this offi" of tho rcsuJts of this manatee impact review by copy oCthe Intent 10 1s~c or Deny. and the final agency acrioR. Please do not heaitate to call me at (8S0) 922-4330 if you have any questions, ;::~LJJ .AJme RicMrds. EnvirolUllCBtal Speci&lillt Burc:ma ofProtectecl Species MaDagement Division ofW'std1ire IAR C;'\OaI&\1lOC\CIllIi1l'\AAD .!DI~r~ MwIIM1~.4oc cc: U.S, Amly Corps ofEngiqeen. Jacksonville Mr, Brian Pridgeon, USFWS- Tampa Mr, Micblet H..wkins REceiVED $E~ 2 2 2OD3 D.E-P. - South Distrlct Deborah L. Russell Elmer C. Wheeler 2667 Lakeview Drive Naples, FL 34112 Aoenda item No. BA - March 27, 2007 Page 75 of 87 October 30, 2006 Collier County Commissioners Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 Caroline Valera, Principal Planner Community Development 2800 N. Horseshoe Drive Naples, FL 34104 RE: Gulfshore Marina Redevelopment Proposed Rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores, Collier County Dear County Commissioners and Ms. Valera: We are writing to express our concerns about the proposed rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores Subdivision. Please note that we are not expressing any concern about the proposed rezoning of Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5. There is an important distinction between these lots that we think has been overlooked. We are enclosing the following exhibits with this letter for your review: Exhibit 1 - Zoning Map Dated November 17, 2005, from the County's Web site This zoning map shows the zoning of the referenced property as of November 17, 2005. As you can see, Lots 3 and 4, Block 5, and Lots 25 and 26, Block 4, are currently zoned RMF-6. Only Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5, are currently zoned C- 4. Exhibit 2 - Notice of Neighborhood Information Meeting This is a copy of the Notice sent to the homeowners of the Gulf Shores Subdivision. Please note the highlighted portion of this Notice. It states that the property owner is petitioning to rezone the property from Commercial (C-4) to Mixed Use (MUP). Nowhere on this Notice does it disclose that the owner is also seeking to rezone the four referenced lots that are currently zoned residential (RMF-6) to Mixed Use. ~-. -~~ '-"" , .., ,.-, ~ . - " ',--. .. .- L 1,-' :', _, ,',_1 .... -=,;". .:-::.:=:,T ..I Agenda Item No, SA March 27, 2007 Page 76 of 87 Exhibit 3 - Aerial View of the Neighborhood from the County's Website The highlighted lots on this aerial view are the four referenced lots that are currently zoned RMF -6. Please note the immediate proximity of the referenced lots to our single family homes. If you owned the single family home on Lot 24, Block 4, or Lot 5, Block 5, would you like your next door neighbor to be a boat storage building? Exhibit 4 - Recorded Deed Restrictions for Gulf Shores Subdivision When the Gulf Shores Subdivision was platted, the developer recorded deed restrictions to ensure that our residential neighborhood would be preserved as a residential neighborhood. Although the lots fronting on Kelly Road (now Bayshore) were platted and zoned to allow commercial uses, the lots fronting on the side streets of the subdivision were restricted to residential uses. As a buffer between the single family homes fronting on the side streets and the commercial buildings fronting on Kelly Road, the two lots on each side street closest to the commercial property were deed restricted to permit single family or multi family use. Although the deed restrictions of the referenced lots allow multi-family use, they impose the same setback requirements as those that are imposed on the single family lots. These are spelled out in Paragraph A of Section I. "No building shall be located nearer to the front line of a lot than 25 feet." (Please see the highlighted portion of the deed restrictions.) The purpose of these deed restrictions is to protect our residential neighborhood from the types of activities that would create noise, traffic, congestion or other conditions that would lessen the comfort and quiet enjoyment to which we, the single family homeowners, are entitled. When we attended the Neighborhood Meeting at the East Naples Library on September 7, the rezoning request was again characterized as a request to rezone commercial property to multi-use. We have no problem with the commercial property being rezoned to mixed-use, but we object to rezoning the residential property to mixed-use if the new use will disrupt the character of our residential neighborhood. We invite you to look back at the minutes from the Collier County Commissioners' Meeting when the Bayshore Zoning Overlay was first adopted. The original proposed zoning overlay allowed mixed-use on the referenced lots. This was vigorously opposed by the residents, including us. At the last hearing before the County Commissioners, we presented the Commissioners with an enlarged current aerial photograph of the property so that each of the Commissioners could see how a large marina building on the four residential lots would impact the adjacent single family homeowners. As a result of the Agenda Item No. SA March 27, 2007 Page 77 of 87 neighborhood opposition, the Bayshore Zoning Overlay adopted by the Commissioners did not allow mixed-use on the four referenced lots. The residential zoning and use was maintained. Weare disappointed that we, the homeowners of Gulf Shores Subdivision, again have to fight this battle. And we are disappointed with how the zoning request is being presented to the public by the developer, by the press and by County Staff. This is not a request to rezone commercial property. The current commercial zoning allows the proposed use. This is a request to rezone residential property to allow a commercial use. The proposed use of the residential lots would allow a commercial boat storage building on lots that are zoned for residential use and deed restricted for residential use. In closing, let us clarify that we would like to see a new marina building on the site of Gulf Shores Marina, but not at the expense of the single family homeowners on Lakeview and Riverview. Our residential streets are subject to a 25 foot front yard setback. At the meeting, we inquired as to whether the site plan could be re-worked to comply with the deed restrictions. The developer responded that the marina has to make economic sense for him, and the proposed plan makes it economically feasible for his company to build the new marina. In cases where courts have considered deed restrictions, the courts have consistently stated that no case is exclusively controlled by economic considerations. Even in the face of changed circumstances, the courts have held that a deed restriction should not be set aside unless the change in conditions is so radical that the essential purpose of the restriction has been destroyed. Gulf Shores Subdivision was developed as a residential neighborhood. Although our neighborhood is finally experiencing an economic boom, the character of our neighborhood has not changed. We would welcome the opportunity to further discuss our concerns with you, with County Staff or with the developer. Lakeview Drive is our home. ~:~4~~ ZZZ- C' c)-4J2 Deborah L. Russell Elmer C. Wheeler cc: Sanjay Kuttemperoor, Esq. David Woodworth AnnMarie and Brian Shimer <(1'-1'- coO 00 _0,- 'JO .CO -I'- eN (!)~i1J ~2 ~ roroCL -g~ (!) 0) <( ~ ii N['I!;O ~.~ i .- t: a:: fi .,. ~ .,. ?;- e;r-; ~ iT- ";,] ..~ · J' F'" C I' ~ r- F' I~ ~.- ..:.. i; ---r- :;:~ ~ , " 1 11111, ~~ . =+= -+. -~"'k . i lJ3>ilS ,.NY, . r---- 6 - --;:- ~ i<'~r~ ~ I .1 i~ . 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'\j:<J ~ / ~ ~,,&,,~~~~ . ~ y~ ",,,,~J~c.s~ . , / 'Q' ! ~. .. i : /~ i! ~i i~~~~ J1~ ~ ~l \t> =i~ ,(. ~ Ii; ~ ~ ~ ' \ P 3 / :! ~ SJldVN JO .lie '&~:>JnOQ"J :a!bo'O~04::)JO JO :lo!JOllO!4 5u!~ou5!,,~p a::).IOO$ ^luno~ jOP!HO o,)4~ .UD saDri ^m!qoQOJd lo:a16olOao4:,)JV/:>]Jo~S!H ClLU d3HIO g i i ~ ~ <( '" Z ...... 0 o - z iY Vi 0 .. 0 5' z ;r; ...J is :! 0 "- ~ Z ~ >-" w <n I- !: ~' z B u ~ N cr ~ ~ ~ ~ tf) bl "'1:1: ~.~ u it- a --------r ~ I ~ I I ~ I 't-rt. t"U-~ ,"'-/:1-01 0 i ~OIO~r.JIJlOO" ~""'~io 1"~"\olII\.jIIJ ~ . ii 11IO-.0 '0.0 .)(71 to-R-l H-('O :l("'. C'O~.I-II n-(JO XI' O(;-".-/:I MlI-U ''-If-.... U-'I-II Dto-te tl-M-GI M-~-<ll 9U-d r-u-1, ~.-u-. W~I .~-~ .-('1-' rc--rl (::'-11-01'"olI 0-11-' "l-U (-0-" U-II-' CI'-" ',-U-II u-..-t f1o-~' '-!6-, u-u-. ~w-u l.~'-A U-l:l-~ le-::n i~}I-lJj J'(-()I-~ II-t-l JII-ti-1I Et-tl-l :)"1-11-11 I'~;l~ ~:i.lQflllINlMll t ~~~ ~~ : .,:f;i;lll: >- :s w '" z ~ ::J o >- '" f- "" 3 ~ ~ 5 I "" :D '" "" ~ 5 ;;! N U :::> ~ ~ ;~~ .~i .1'. ~ !~i I ~ ! iUi! I' ~ .""......0 i Ul V> 1.'. ~:~~::~~~:I i ~ ~ . . -.. ".-- "" "" m I ~ ~ .: .........., ~ ;; ~I : I I I I I I I I I I I I I II I I' 8 ~ Id li;li~;I! ! h~if3!ib I I ~ -........el ~NINOZ :NOISI^3C:1 lSVl -- 1- - f{) - :t 'X \1j E. XH I'BIT ;{ Aoenda Item No. 8A - March 27, 2007 Page 79 of 87 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray of VK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. LOCATION MAP i"N6li'M- lZDl .r.F~1 I c-.... D-1Ie~ ;':-I \ c' I I J '\' '\ -- , ~ IhnElf po"" ~ ) \lD-lrl '~ p: ./ t:: 7(\; - .-.}- ~ r~ -<~~ ~ T.2; ... '" ~ W~ - ~ \ (~ ~ ~ aaun;::\ '-- Q" ~ I, '" ~7 ,.('J I -i.1.. ). aulNEJl "''4 II -...1 I -'Y A~ ( y ~~ 1-; I W II u :=1:::: !"- .....(d ~ ~ ~ - A\VfoIE ~ ~IZ= -{_1lIlo : lITE I i t- ~ - / Of ~ "7 LDlloV"llIN I(D t- -...... IsIEQl A_ut t- / lr.j ~fifJ II - - i-l~ HI- ~P- b~ t-- LJoENE'f CR --=- . 2 r l:d I I _1fIL~ . 1 ~ . t I ~_ET ~ II I I~ ~r~1 i!l r- h:i- _I - == I'Wl triCKEr uua: .-- Eo/Il\L. AI"Ia _!Ill 11111 I_m~ ~ 111111"1 _.-......a.He - - "~.1I1 I l- ~ i ::: II ZONING MAP PETlTIOIl 'IIU". 20... Io.R. tau:! Agenda Item No. SA March 27, 2007 Page 80 of 87 The property owner is petitioning Collier County to rezone the property from Commercial (C-4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213-2948 Fax: (239) 403-2395 Lindabedtelyon@colliergov.net EXHI81T ;< Aqenda Item No. SA - March 27, 2007 Page 81 of 87 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray ofVK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. LOCATION MAP I . I iiNi;~- I:ICK 11.............1 I l;,-. &11 "IIC~ f--- ;;~ \ c _1. ~.... J .._~- ~ J ~ ~ ./:.:: ~ -1 ~~ ~\1 ........ }-- t-- ~ ...; b: "" ~ 70~ e- IIIll11El'1E'Jr aRM: -~ ~ ~ ../ VJ \ '\ '- MIlE DaUlT J:.::\. ...... .~ lV" ":"-/. ~t" bl ~YA~( y Ell .. ,~i~ Iw(f H ~ -wr- ...... }---1 alGO "''oVI.IE i f- In- '" W "" ~ -!- -, I ~ .. --i~ lITE! i"- i _ ~ --( IIMI'NEII Ill!. -~~ / ., ~ -7' LDD~laH ~ - ~ ....... f\IGII. ..._., - V ~ to-- ~ III ~E\I"IR n --- f-A ..,. 3 1= I'UD r- lRl:K[I" LAllI r-- ~ --- . _Del .. hi - W t--- I 11111 --,- l!! _'11 "\ilII.E _I '-- .,urn "'"1UI./E I ~ ~, II II I v - f - ~"""".Ne - ....,. _[I" IE I 1== ...........w-R' n I it- ~ii ; I I .. I I"ETITIOIII '111.11"- 10.8. AR. 'OIU2 ZONING MAP Agenda Item No, 8A March 27,2007 Page 82 of 87 The property owner is petitioning Collier County to rezone the property from Commercial (C-4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213-2948 Fax: (239) 403-2395 Lindabedtelyon@colliergov.net Print Map Pa.e;e 1 of 1 Agenda Item T\Jo. 8A March 27, 2007 Page 83 of 87 SUe ... SlIb A8rI A8rI a.. COI \C) 2004. Collier County Property Appraiser, While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties for the data herein, Ks use, or its Interpretation. EXHIT3/T '3 http://maps.colIierappraiser.com/webmap/mapprint.aspx?title=&orient= LANDSCAPE&paper= LE... 917/2006 IMAGEOl : FL-06-9598 08/31/200603:57:57pm DOC: OR 22/74 Agenda Item No. 8A March 27,2007 Page 84 of 87 Page I of 4 t . .,..,.... . ..;' ~ 22 74 ~ JEED OF RESTRICTIONS This ~-_. WEBS~R HULL, dev&loper~, of the County ot Coll~er~ State Deed of Restrictions, mad~ ~hls , 1957, between S.8. Aj,LENDOBP' find E.E. SNELL, and ~ /1 day ot of Florlda, parties of the first partj and all future owners, parties of the second p~rt, of Blocks 1 through 7 inclusive of QULF SHORES aceor41ns to a map or plat recorded in Plat Book If ,Page ~~, on tile and recorded in the Public Records ot COllier County. Florida. SECTION I - RBSIDEWTIAL The following described blocks and lots shell be zoned residential to wit: All of Block 7; Allot Block 6; Lots 6 throuih l~ 1nc1us1.e of Block 5; Lots 6 throllgh 23 Induslve of Block It; Lots 6 through 19 1nclusive of Block 3. Lots 6 through 16 Inclusive of Block 2; Lots 6 through 14 Inelusl ve (If Block 1. The S~11er's will convey eaid land to the purchaaer subject to the followlnc l.lse restrictions which shall run with the lant1. (A) The land shall be used tor resldentl~l purposes o~y and no more than one r.sld.nce~ and customary oatbuildlnge .hall be erected on any one lO~i provlde~ that nothlna herein contaIned shall be con- strued to prevent the grouping or two or more lots, or one lot and part. or other lots, tor the erection or one residential unit, and in the event of lluch grouping the bu1lding set-b4Ck line' sball apfllT to the perillleter of the grouped property. 10 build.1nC .ball btI located nearer to the tront lin, of a lot than 25 te.t, cor nearer 'to the aide l1ne. than 6 t'l'-.t, and the setback trom the pro port)- u.n. in the baok fal'd shall be at least 20 feet. (B) A.l1 bu11.c!1qa..t b-. eJ'o~4 of MV aat4ll'lalll aDd no build- ines or al'1J'" cbaractu sbaU be 1DQ1'ect, onto tl1& land; proYUed tb!lt, p"veloper M, vat.. ttJ.~ nq\\1l'-.nt.b;r YI'1tt_1l:latiallm1t"~ nUsrle4 . ' . tM-t the 1'.nlt1D&:I~.'..1f1U'lN".ot,..t'._i~1r.P"&1'aace aDlI :=::::.~,;i~~~;....:~::..~, cOIl~tid_ 1e.. ~....,t.;,ti'.'." :~ :',' :..' '~~"~~;I} .'<' .~~ ::?l> , ',,~~/J:~ . p"..~ ~;1I1;~ "i'c -.."'IliiJ.i~~\/. t ~ EXHIBIT 4 lMAGEOl : FL-06-9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No. SA March 27, 2007 Paoe 85 of 87 Page 2 of 4 " ':J..~ . ~~~i:..":-,~, . ~:'.....,: ;...~J:f.:. ..; , ''',,;l$'~~;;~~~'~:-~\:''~';'':j,rs ~t:;'~~~q"'"""'<h1"'7l\~~ '..:/' .~,/:~ ~;,::):,~~.>,: <~<,: ::~, .' J" ,;t':-~~~ Open porches, cnrporta, and pr~..Ihl.l~ not b. aoneUered 11\ cODl?Ut1nc 3'l1cn .:!'ea. ~ corrl1lated ..tal root. .bal.l be used nor ahall th..xterlo1' lIalla of &JI7 bu11d~1 be covered ,,1tb sh..t matal or bul141n1 paper. felt. roll reoline or otber 81&11&1' IlAteI'tal.. The Diu radeleDtial unit IKWIt be erected 'P.~io1' to or s~ul taneousl.7 vi th, tbe erection ot aD7 other structures. The out!l1de or ~ hOWJe must be completed. v1th1J'1 six JaOnths or the ti.e the structure is b8CUD. The above restrictions pertaining to the quality of tha bu11dinr 1n Paragraph B shall elso apply to any covered boat-house or dock. (C) Use ot the land tor an automat!"e traller park is axpressly prohibited. Nor &ball any automobIle trailer oe parked on the land. (D) Wo outslde toilats are perm1ttad. All ~esidentlal units must conta1n adequate 1nter~gr plumbing ror waste vater a~d sewage whIch must be disposed of by septic tank. or othe~ ~ean~. meeting the requirements preseribed b7 the health authorIty hnvinr, jurisdiction thereof. (~) ~n trash or sewage shall be dumped or oralnecl into any canal. (F) No dock or other structure _ball exteD4 into any canal mora than 5 teet trom property line. (G) All boat slips dug In~o :ot! shall be bulkheaded ~ith1n 90 doys etter they are dug unless ~rltten perm1sr.ion to tne contrary 1s obtained from Developers. SECTION l~S'1'ft~I FAMILY The following l1sted lots shall be included in this MultI- < ~~ -/D cfltLU If L} I ~k13. Family District to w1tl Lots 3. 4, and 5 of Block 1; Lots 3,4,5. 19.20. and 21 of Block 2; Lots 3.~.5.20 and 21 and 2~ of S:ock 3: Lots 3,4>5,24~25,26 of BlOCK ~ Lots 3,~.5 ot Block 5. -- ----.. (1) This dlsLr1ct shall permit duplex's but each dwe~ling unit in every tvo ta=1ly dwelllnc shall not contaln less than 450 square teet. (2) The m1D1111W1 insIde flool' d1Junslon ot aXl7 three unit a-part.!!ent ~hell be 900 square teet. (3) ~o bu11d1DC shal1 be located Dearer to the front lot IMAGEOl : FL-06-9598 08/3112006 03:57:57pm DOC: OR 22/74 Agenda Item No, 8A March 27, 2007 ~~i~~~ ~f 87 ;., 22 76 11ne af 11 lot than 25 feet nor nearer to the slOe lines t.han 6 feet. (It) All restru;:;;1ona set forth 1n 13le,D.E.F. and G 1n Se~tion I RESIDENrt,~. shall applT and b. part Qf this section. SEctION III BUSlHESS-COMKERCIAL-~TEL This Sec=t1Qn shall co..er the tol 'l..01l1;.g de~c:r1bed lots to wit: ~ot~ 1 and, uf DIock 1; Lots 1.2,22 and t3 or Block ~; Lots ), ~, ~3 eno 24 or Blo:~ 3; Lots 1 and 2, 21 and 28 of Bloek 4j Lots 1, "no ~ of Block 5. (1) ~his district shall pormit the u,ual retail busInesses classlt1ecl as <listric!'. H. It 1-2, I-1!. ;It a.nd K unC1!r ~he retular !:.'i'la's Cl"ty Zoning Ord1n:meu bu~ px'chib.1ting lUlllber yarest ano other offensive type~ of bus~ness.:. (2) No motel unit 1n this district shall contain ~eas t~n ,50 ~quare feet inside 1'1001' dl~nslon nor sball any ortico or store ~p3ca contain less than 400 sqUQfe r~at inside llvor Q1mensl~ns. (3) All restr1ction~ set forth in B.~. u, E, " and G in section ! RESIDENTIAL shall apply and be part ot this seet1on. SECTION 'J:Ii TERM AND EN1I'OllCEMKftT (Il) These covenant. are to run with the laM 11M 3hall be binding on ell parties and all persona cla1mir~ under th.. tor a perlod or twenty (20) y.ar~ trom the date the.. coveuaats are reoord.d, ert.r which tl.. sald conD&nts .hall be lIuto..tica1l1 ut.ndeet f'or sllocna1u periods of twenty (20) Tears unl.s. an instrument .lgned by a ma~orlt7 of the then cvuar. ot the lots ba. b.eD recorded aJr..inl to chance said covenant! in vhole or in part. (I) Znf.nDullDt .ball be by proa.adina' at la" or ln eqult17 a:alnst anr ,erson ~r ~reona Y10latinl or atta=pt1nC to Yiolats ~ ccveD&nt eitber to r..t.ra1n .10lat10D 01' to reooye 411II&"', :~!i*\!~i'.:...',.~~;:;<:~~1..~,':i;1%51i~i~;': ,;,>,~",...."~\!t'iitt.ik~iJ', ~ ~,~":.., ~ '~~1iA:<<.~~;...iI'."'~I;;z."""<it.i;r.~ -';.> IMAGEOl : FL-06-9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No_ SA March 27, 2007 Page 87 of 87 Page 4 of 4 I ~,~~;f..T.._: ...:..'.......... ~(i~~:~...:. ~. . ;~.~.:r.~; . , ~ . ~' , ; Jc)~.l~~~\:"~ (C) Inval10at10n ot &ft7 one ot theae co.e~ts by Judgement or court ortl.r .ball in DO ,,1.. arrec1: aJ17 ot the other provls1ona whIch . ! shall rama1n in tall toroe aDd etrect. III Wlnm8S, Gl'ant.ors. haye hereunto set their handE an1 lleals. r7';J.4 dayot Ou,-.. . 1957. , this Signed, ~~alea and aelivered in preSen<:l8 ot: &J?~L'o , I'.u- .# d..,L.,U JJ..~i)l~ - dl ~ .~7~ ~ ~. n"i~ ~~~ /~ , $~er '1u~ STATE OF FLO~rDA eQUID'! OF COLLIER I HEREB! CERTIn thAt on thLs day before _, an ~ff1<:.r duly qualified to take :lckn0'41edrlll"nts. perl!{\nal1y .llpPNr~d S.B. AL.LZNDQP.z:', B.E. SNELL, and WEBSTER BUtt to mlt l{l'lO"'n to oe the peor;<:on!l (\a!'cr1:.~ in and who executed tha foregoing infl trum('nt 3nd ac'k:z11)wllldgl!d bd'orc ~,.:- I ha~ they e~ecuted the ~AQ'. ~8.1.Q~ Benjam Green Paries Notary Publ1c 'AITliJ;SS rtJ.Y ~ &nd o~r1Jf!l,l lu1 in tn. County and Stat.e l~,st. .. fore:la1d this I 7 day ot I'- - . . A .J). 1957. ,"':i\' l1 .'C, ' .......~#;....r........u~~<;" . h'/..!): ~ .~?'-";'~: }l1 C"mml.~~1on cJl.p1rcs: ~"'Y~'" 1~5q t-,!,:;': w V~>;~.: ..:~:.~_~.~.; , ' ~ 1.11 {, :':J .,....\.'.',..,.,J:,.', ,.-:.. -~.' -'.' ~ ~"iE Of fl.~A, COiIIIn C1F'lXJun .' .-- 18th"'"' c-' fII.["o.ltlc:oc1llltji._"'__~Of .",; ..l'Ob..,...lt .~___.9..u.,IOOlI,..o"'1S!,~ " ,. ", roc( '76 '..ANIIIll_~~" ":".''-;\'r~'',:~ : 'j (D sCOrf."if~r"'~'~~ ~~ <~~ ,.~., '-_""_'~~ "I~. _.J"~' / Ct""'f' ...h"~ - ... #00;; _. ~~ :J 1\('.r _. Agenda Item No. 9A March 27, 2007 Page 1 of 28 EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on March 31, 2011, to 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. Ordinance 2002-27 states that the Board of County Commissioners shall publish the list of nominees and the positions on the Committee for which they have been nominated and deliver a conformed copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. On February 27,2007, the Board set the balloting date as: Tuesday, March 6, 2007. Section Eight iv states: "The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners, The Board of County Commissioners shall then, at their regularly scheduled meeting, make the necessary appointments to fill said positions, " 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: APPLI CANT VOTES CATEGORY DISTRICT ELECTOR Theodore J. Raia 674 Resident 2 Yes John Iaizzo 671 Resident 2 Yes Michael Levy 540 Resident 2 Yes Robert A. Pendergrass 307 Resident 2 Yes Donald Spanier 254 Resident 2 Yes Anna M. Halikas 253 Resident 2 Yes George R. Metcalf. III - WITHDREW 231 Resident 2 Yes Martin S, Feins 159 Resident 2 Yes Agenda Item No. 9A March 27, 2007 Page 2 of 28 Ballots Mailed: 6836; Number of Residential Ballots Returned: 1250 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners appoint the 3 applicants with the highest votes to represent the Residential category and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 27,2007 - Agenda lIem No 9A March 27. 2007 Page 3 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A Appointment ot members to the Pelican Bay Services Division Board 3/27120079.0000 A.M Prepared By Sue Filson Board of County Commissioners Executive Manager to the Bee Date Bce Office 3116120078:24:34 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Offic:e 311412007 8:22 PM ,LJ..genda Item No, 9A ~v1arch 27, 2007 Page 4 of 2S BALLOT RESULTS - PELICAN BAY SERVICES DIVISION Tuesday March 6, 2007 At 2:00 PM this afternoon, the Clerk of Courts, with the assistance of the County Attorney examined and tallied the Pelican Bay Services Division Advisory Board Residential Preference Ballots that were returned. The following results were obtained: Theodore J, Raia 674 John Iaizzo 671 Michael Levy 540 Robert A. Pendergrass 307 Donald Spanier 254 Anna M, Halikas 253 Geroge R. Metcalf, III 231 Martin S, Feins 159 As per the instructions in the ordinance, "the nominee(s) receiving a plurality of ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners," The three nominees with a plurality of ballots are: Theodore J, Raia John Iaizzo Michael Levy Respectfully submitted, J, Walter Cross Executive Assistant to the Clerk Collier County Clerk of Courts REAL OAKS L TO % CONCORDE BANK L TO THE CORPORATE CENTER BUSH HILL & BAY ST ST MICHAEL 8ARBADOS Agenda Item No, 9A March 27, 2007 Page 5 of 28 Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds PELICAN BAY SERVICES DIVISION ADVISORY BOARD RESIDENTIAL BALLOT Listed below are the names of the candidates wbo have indicated to tbe Board of County Commissioners a desire to serve on the Pelican Bay Services Division Advisory Board as residential representatives. Application information about these persons may be reviewed on the Clerk's website- .WWW.clerk.collier.fl.us - or at the Board of County Commissioners office or at the Pelican Bay Services Division at 801 Laurel Oak Dr., Ste. 605, (in the SunTrost Building) Naples, FL 34108. Three new board members will be chosen as residential representatives. The three persons receiving the greatest number of votes will be presented to the Board of County Commissioners for consideration. VOTE FOR UP TO THREE PERSONS: INSTRUcnONS Ballots with more than three selections will be invalid. FOR RETURNING YOUR BALLOT 0 MARTIN S. FEINS Ballots may be returned by mail to: rttJrfW Dwight E. Brock 0 GEORGE R. METCALF, m vJ r7 Clerk of Courts /_)5' P.O. Box 413044 0 ROBERT A. PENDERGRASS Naples, Florida 34101-3044 0 OR JOlIN IAIZZO Ballots may be dropped off at: 0 ANNA M. HALlKAS Collier County Clerk of the Circuit Court Administration Office, 5th floor, Bldg. L 0 THEODORE J. RAIA 3301 Tamiami Trail East Naples, FL 34112 0 DONALD SPANIER BALLOTSMUSTBERECEWED 0 MICHAEL LEVY NO LATER THAN Friday, March 2,2007 AT 5:00PM TO BE VALID Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us 1111111111111111111 Property Parcel LD. 54525003208 Fax- (239) 775-2755 Email-collierclerk(a)clerk.collier.f1..us Signature of property owner Agenda Item No, 9A March 27, 2007 Page 6 of 28 c~ 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 02/14/06 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 / 8420 Abbington Circle #Bll 594-8420 Naples, FL 34108 E-Mail: District: 2 Category: Resident Ms. Annette M. Alvarez 398-1605 01/09/07 03/31/09 2 Years 2833 Inlet Cove Lane, W. 348-7065 C~: Naples, FL 34120 E-Mail: aalvarez@watersideshops.com District: 5 Category: CommerciallProperty 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 l/ ;:r.:::r~~.\i;~;:-,'iil:T.;x:',~~.::.!t-~;.~:~:tiZL-T~t:'i2;::,,;~~:-:,~""';:,..:;:;,-.'~'J~..~:.'.....2!S-"'~-:::"7~~_:~;.'~;~;:~."'_...,....:~...~._"''''.:''3'~7M!'.r~-:-.'':;::.x Wednesday, February 28, 2007 Page 1 of 3 Agenda Item No. 9A March 27, 2007 Page 7 of 28 ("' Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term MI. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, B15 594-0131 Naples, FL 34108 E-Mail: johnsusanboland@aol.com District: 2 Category: Resident MI. Donald Spanier 04/22/03 03/31/07 4 Years V 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@aol.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/31/07 4 Years V 6573 Marissa Loop, #1902 592-0678 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Ed Staros 598-6626 06/25/02 01/20/06 4 Years 753 Brentwood Point 596-4561 02/14/06 03/31/1 0 4 Years Naples, FL 34110 E-Mail: ed.staros@ritzcarlton.com District: 2 Category: Commercial ;'c:":~a~.:~~:::,::~..~~~~~~1tS::.~~~;;",;~_",~'!!t.~~~~~~:::~~::-.;.'T....~=~''!~::::.~r.:.:!~~~=,_,!:.''S:;::;,!"":::.~ Wednesday, February 28, 2007 Page 2 of 3 Agenda Item No. 9A March 27, 2007 Page 8 of 28 (-~ Pelican Bay Services Division Board Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term Ms. Mary Anne Womble 816 Kingbird Court Naples, FL 34108 E-Mail: Teedup1@aol.com District: 2 Category: Resident 02/27/07 03/31/09 2 Years 597-8224 This 15 member committee was created by Ord, No. 90-111 and amended 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 11/3/98 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 5/28/02 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 ( ~:':;:~-::;::-3;"':'_:-"::::~:i;::;';.;.'1:~~~;a'lo".";-"-"0._.:::r.:;:.,,:;~~~,,,~~~~~;-:-~.:~;:,,;:->,~.:;-,7_:'_~'..:!~"'::~~<;;;"":':"~1!I"~:i:':':~:"~;:-:--_~~.',"~'3-~-'";~U..;?$I!; Wednesday, February 28, 2007 Page 3 of 3 J MEMORANDUM DATE: January 8, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No, 9A March 27, 2007 Page 9 of 28 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. PELICAN BAY SERVICES DIVISION Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, III 8430 Abbington Circle, #C-34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican Bay Boulevard, #502 Naples, FL 34108 John Iaizzo 6573 Marissa Loop, # 1902 (j C '; Naples, FL 34108 d- III Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 COMMISSION DISTRICT c!{ c9 ~ ry: JfK :)- &( cP ~ .I Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 ~ Agenda Item No, 9/'\ March 27, 2007 Page 10 of 28 Thank you for your help. MEMORANDUM Agenda Item No, 9A March 27, 2007 Page 11 of 28 DATE: January 8, 2007 TO: Jay Cross, Executive Assistant to ~~k I Sue Filson, Executive Managery Board of County Commissioners FROM: RE: PELICAN BAY SERVICES DMSION BOARD As you know, we currently have 4 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: Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, ill 8430 Abbington Circle, #C-34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican Bay Boulevard, #502 Naples, FL 34108 John laizzo 6573 Marissa Loop, #1902 Naples, FL 34108 Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 j ,L\,genda Item No, 9A March 27, 2007 Page 12 of 28 Jay, for your information, Mr. Christopher, representing Resident, resigned on January 8, 2007, increasing the vacancies from 3 to 4. Please adjust your baUot to accommodate this vacancy. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments e -., Board of County Commissioners Page lof2 Agenda Item No. 9A March 27, 2007 Page 13 of 28 filson_s From: martin feins [sonly01@comcast.net] Sent: Monday, January 08, 2007 11 :08 AM To: filson_s Subject: APPLICATION (2) Attachments: oledata,mso Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name:_Martin S Feins 5049 Home Phone: _598- ~ Home Address:_806 Knollwood Ct. Naples Code:_34108 Zip Fax No. Business Pbone:_oJa address: _sonlyO l@comcast.net e-mail Place of Employment: Retired Board or Committee Applied for:_Pelican Bay Services Category (if applicable): lay person Example: Commissioa District, Developer, tDvironmentallst, I.y penna, etc. How long have you lived in Collier County: Years_S Months Are you a registered voter in Collier County: Yes_X No Do you currently hold public office? Yes No_X Ifso, what is that office? Have you ever been convicted of any offense against tbe Law? lfyes, explain: Yes No X Do you now serve, or have you ever served, on a Collier COUDty board or committee? Yes If yes, please list the committeeslboards: No_X Please list your community activities (civic clubs, neighborhood associations, ete. and positions beld:_none in Collier county 1/8/2007 . - . Board of County Commissioners Page 2 of2 Agenda Item No, 9A March 27, 2007 Paf:je 14 of 28 Education: _B.A. Wesleyan University Middletown, Conn. Experieoce:_ 40 years on WaD Street- Member NY Stock Exchange, American Stock Exchange, Chicago Board Option Exchange. Trustee of Trust Funds-New London, NO 9 years, New London NO representative to the NHNT Solid Waste District-6 years Pletue flttaclr tuf}' addition'" jlffQnntllUtn YOII fed potbtelfl. TIlls applicfltio" sll",,14 be f"rwarded tlJ SIIe F/bolf. Execlltive Ma"ager tlJ tile Board of c"""ty C"IftIIIlssI""er:s, 3301 EiIst TtunUuni Tnzil, Nllple:s, FL 34112. If YOll wlsJt, plellSe f/IX ytHIr 1Ipp1Jctltiq" t" (23'J774-3602 or e-mIIII tlJ ,~ut'jilmn(i!Jco/lit'rgov. nJ'~ Tlltud Y""fflr I'fJ/affUerlng tlJ:row tile citiuns ofCtIIIW c-IIty. 1/8/2007 1 Board of County Commissioners Agenda ~~~ ~o~ti March 27, 2007 Page 15 of 28 filson_s e From: Beverly & George [bevgeo.met@gmail.com) Sent: Saturday I January 06. 2007 8: 14 AM To: filson_s Subject: Pelican Bay Services Div APPLlCATION.doc Attachments: image001.wmz; image003,wrnz; oledata,mso Sue Filson, Executive Manager, BCC Below you will fmd my application for a position on the Pelican Bay Services Division. If you need further information please contact me. George Metcalf Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 . Application for Advisory Committees/Boards Name: George R. Metcalf III Home Phone: 239-594-2902 Home Address: 8430 Abbington Cir. #C-34 Zip Code: 34108 Fax No. 239-594-2903 Business Phone: 239-594-2903 e-mail address:bevgeo.met@gmai1.com Place of employment: Retired Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 14 Months 6 Are you a registered voter in Collier County? Yes Do you currently hold public office? No 1/8/2007 - - Board of County Commissioners ,iI,aenda ~~ ~oo\~ ~ fv1arch 27, 2007 Page 16 of 28 Have you ever been convicted of any offense against the Law? No -- Do you now serve, or have you ever served, on a Collier County board or committee? No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1) I have been an active volunteer Mediator in the State of Florida for 14 years. Most of this has been in the area of small claims. 2) My wife (Beverly T. Metcalf) and I have been a member of the Naples Sailing & Yacht Club for 14 years where I served as Secretary of the Board for 4 years, and we also belong to the Imperial Golf Club. 3) I have been a board member of the Crescent (where we have resided for the last 9 1/2 years) for 8 years and currently serve as Board President Education: Penn State and Gannon Dniv. in Erie PA Experience: My business career was in the foundry industry in Erie, P A. for 29 years. I was President and CEO of The EM! Corporation for the last 18 years, retiring in 1989. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (239)774-3602 or e-mail tosuefilson@colliergov.net. Thank you for volunteering to serve the citizens of Collier County. 1/8/2007 ~ 1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No, 9A March 27, 2007 Page 17 of 28 Application for Advisory CommitteeslBoards Name: Robert A Pendergrass Home Phone: 239 597 3542 Home Address: 7225 Pelicc:an Bay Blvd #502 Zip Code:_3410S-SS21 Fax No.775 7035402 Business Phone:_239 216 4333 (celIL e-mail address:]obpender@comcast.net_ Place of Employment: retired Board or Committee Applied for: PBSD Board Category (if applicable): Example: Commiuiou District, Developer, eDvil'OUteDtalilf, Illy pe..... ete. How long have you lived in Collier County: Years 5_ Months_l Are you a registered voter in Collier County: Yes_X No - Do you currently hold public office! Yes If so, what is that office? x No Have you ever been convicted of any offense against the Law? If yes, explain: Yes Do you now serve, or have you ever served. 00 a CoUier County board or committee? Yes ICyes, please list the committees/boards: No X No_X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Currently Captain of 3 Pelican Bay tennis Previonsly captain of many tennis teams Education: CorneD Chem Engineer (masters) CorneD MBA Experience: US Navy Officer Viet Nam vet (2 years) GeDenl Manager of various Raychem DivisioDs in Europe (20 years) Group Sales & Marketing Director or Domino Printing (A UK CompaDY) Consultant toDomino Printing (8 years) (I have aD extensive resume also seDt to Jim. BDrke) Pl<<zse 1IttlIdI.. tuIditimttd illfol7ftl1tlimt ~/- pmJ-. nir ~" MtM1t16et-MI", $w l'ibM, F.ut::ldm MII1fII[Ie1' *' the Board o/CfJIUIty CtmtmissioIterS, 3301 East TamUImi TIYIiJ, NIIIpIs, FL 34112. If~ wisll.pkGe/tIX)1t1II'tIfJPIJct1tio" w (239) 774-3602 or e-mtllJ w suefilsodiiJml/iert!ol',nl't. Tltllllk you/or volulllnri1rg tD _ tile clthnu o/CMJJer Cmutty. e e- . Robert A. Pendergrass Agenda Item No, 9A fvlarch 27, 2007 Page 18 of 28 7225Pelican Bay Boulevard, Coronado 502, Naples FL, 34108-5521, USA Telephone 239597 3542 Cellphone 239 216 4333 robpender@Comcast.net Marketing/General Business Consulting: An accomplished international business leader with a proven track record in many countries. A qualified Engineer and MBA with the ability to develop business strategies, manage or assist a variety of managers to implement action plans and deliver profitable results. Experienced practitioner of quality management committed to training and developing staff. An enthusiastic natural leader, motivator and builder of multinational teams with an open management style Successful record of marketing and increasing sales for a wide range of products in marry countries Pioneer and developer of opportunities into commercial success Continuous record of initiating, leading and motivating multinational organisations CAREER INDEPENDENT CONSULT ANT 1996 - present Trainin2 consultant (2004-2005) · Develop and present Marketing and CRM programs for North American boat dealers Interim Sales & Markenn!! Mana2er 0996 - 2004) · Four month assignment with Domino Chinese Joint Venture serving as Sales & Marketing manager for the N which I established · Multi year assignment with Domino Germany developing and implementing market strategy for Germany · Continued assignments for Domino (world wide) and Shepherd Chemical Co. (Cincinnati, OH)as a CRM (Customer Relationship Management) specialist DOMINO PRINTING SCIENCES 1993 - 1995 Domino is a multinational high tech company based in Cambridge employing 1000 people world-wide with sales of $150 million. Domino is a world leader in the design, manufacture and sale of industrial ink jet printers for high speed, variable text, non-contact industrial printing for a wide variety of industries such food, pharmaceutical, automotive and commercial printing. Group Sales & Marketin2 Director Cambridge, UK, 1993 - 1995 Responsible for Direct Sales Management of various regions and establishing a Group Marketing Function Achievements: · Recognized the need to increase efforts in Asia; consequently recruited and developed personnel, and implemented business plans to achieve sales growth in excess of 30% in the region · Established a Joint Venture in China to sell, distribute, service and manufacture Domino's products in China · Created a Group Product Marketing by assembling and recruiting a tearn of professionals · Helped improve the environment for Quality by pushing for continuous improvement based on a company-wide Customer Satisfaction Survey . -. ~ Robert A. Pendergrass Agenda Item No" 9A March 27, 2007 Page 19 of 28 RAYCHEM 1972 - 1992 In 1992 Raychem was a multinational company employing 12,000 people world-wide with a sales turnover of $1 billion. The company exploited materials science, especially plastics, by design marketing and manufacturing proprietary products. The main product lines were based on heat shrinkable tubing which were sold largely through a direct Raychem sales force to Electronics, Automotive, Aerospace, Telecommunications, Electrical Energy and Process industries. Raychem was recently acquired by Tyco General Manaeer - Electronic Harness Systems Raychem Ltd., Swindon, 1990-92 Responsible for turnover of $50 million and a staff of 45 professionals, including Product Managers and Engineering personnel. Business responsibilities included marketing, design and manufacture of electrical harnesses used for interconnecting black-boxes in defence and heavy transport markets for the European region l:I Developed and implemented business policies and procedures to clarify strategy for Sales Engineers as well as top management l:I Reduced personnel from 45 to 28 over two years to ensure commercial viability Marketine Man8f!er - Defence Systems Raychem Ltd., Swindon, 1986-90 Responsible for sales support and technical assistance for defence and aerospace customers in European region, South America and south-east Asia representing an annual sales turnover of {120 million. My team of 30 professionals integrated products from 3 product divisions into a single Raychem system for defence and aerospace customers l:I Initiated a strategic plan for European Defence Electrical Markets subsequently incorporated into a European Electronics Strategic Plan General Manaeer - Militarv Ground Systems Raychem GmbH, Municb, 1983-86 Responsible for business management of Raychem's products for Army markets in all countries except USA, representing $45 million annually with a staff of 30 professionals l:I Created a multinational, multi-discipline team of professionals based in Munich l:I Increased sales by 40% over 3 years by geographic expansion and sales of existing products to new applications and markets General Man8f!er - Pipe Protection Products Raychem NY, Belgium 1979-83 Responsible for business management of products for corrosion protection and sealing of piping systems for district heating, gas utilities, construction and major pipeline markets with ultimate annual sales turnover of $45 million. Responsibility was initially for the European region and expanded to include sales in the USA in 1982 [J Formed a new business unit comprising direct and distributor sales, development, marketing and business analysis l:J Increased sales volume by 150% over 3 years with higher profitability Marketinl! Manaeer - Telecom Division Raychem NY, Belgium 1975-79 Responsible for all aspects of marketing Telecom products to European Region for outside plant cable accessories with a staff of 20 people. D Established a strategic plan for Europe which eventually evolved into a world-wide plan - a key step to successful growth from $8 to $35 million in four years l:I Personally responsible for the sale of a $10 million project to Saudi Arabia Agenda Item No. 9A March 27, 2007 Page 20 of 28 e Robert A. Pendergrass Country Mao82er - Ravcbem Raycbem A/S Deomark.1972-7S Responsible for creating a Limited Company in Denmark to pursue all business aspects from sales to distribution of products in the Danish Market. Q Built a thriving company. Sales grew from zero to $500,000 in three years [J Achieved greater than 50010 market share in electrical distribution for Raychem products PROCTER & GAMBLE 1966 - 69 Eolrioeer/Group Leader Responsible initially for the design and start-up of Pulp Mill Evaporation Systems in two plants resulting in early promotion to Group Leader. [J Rated in top 10% of Engineering Personnel US NAVY 1964 - 66 Destrover Officer in Pacific Fleet . Division Officer in charge of 20 men with a variety of ages and experience Q Rated in top 5% of Reserve Officers - requested to take permanent commission EDUCATION Cornell University, Ithaca, New York Master of Business Administration (with honours) - 1971 Master of Chemical Engineering - 1970 Bachelor of Chemical Engineering - 1964 University of Louvain, Belgium Applied Economics Studies (French section) - 1972 OTHER Languages Excellent: Danish, French, Swedish, Norwegian Fair: German, Spanish e e .1 filson_s Page 1 of2 Agenda Item No. 9A March 27, 2007 Page 21 of 28 From: The laizzo's [iaizzo@comcast.net] Sent: Friday, January 05,20071:41 PM To: filson_s Subject: PBSO Apllication Board of County Commissioners 3301 East Tamiami Trail/774-8875 Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: John laizzo Home Phone: 592 - 0678 Home Address: 6573 Marissa Loop, #1902 Zip Code: 3M08 Fax No. 592-0671.._ Business Phone: xxx e-mail address: iaizzo@comcast.net - Place of Employment: ~ Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 11 Months ~ Are you a registered voter In Collier County: Yes ~ No_ Do you currently hold public office? Yes _ No ~ If so, what js that office ? Have you ever been convicted of any offense against the Law? Yes _ No ~ Do you now serve, or have you ever served, on a Comer County board or Committee? Yes ~ No_ If yes, please list the committees/boards: Pelican Bay Services Division Please Itst your community activities (civic clubs, neighborhood associations, etc.) and positions held: * St. Marissa Board Condo Assn., VP 1996 -1998 * ettUcan Bay Men's Coffee. Board member/Secretary, 1997 - present * Coast Guard Auxiliary. Staff OfficerlTreasurer 1997 - present 1/512007 e e e " KI~nis club, 1998 (6 months) Page 2 of2 Agenda Item No, 9/"- r'.I1arch 27, 2007 Page 22 of 28 "Italian Cultural Society: Treasurer/Member 1999 - present " Neighborhood Health Clinic: volunteered over 300 houl'8 " Pelican Bay-froperty Ownel'8 Association: Board 2000-2003 " ~licaI'LBay Service Division: Director 2003 - present Education: My education was primarily in electronics and computer systems. I completed my formal education evenings at Queens College and earned a Mastel'8 in Computer Science in 1982. Experience: My professional career covered a number of related Engineering jobs. I completed 30 years with the Grumman Corporation in 1995. as a senior software engineer. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson. Executive Manager to the Board of County Commissioners. 3301 East Tamiami Trail, Naples. FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefllson@Colllergov.net Thank you for volunteering to serve the citizens of Collier County. 1/5/2007 4t - -1 12/28/2a0G 14:08 Agenda Item No, 9A March 27,2007 R C {'..... r:: \ ' Page 23 of 28 .\;,l...\."....f iED PA3E f31 .i !:}~ n.; 7007 - ---- , ~ g i1 ., Board of COUDty Commisslooeti ut County Commission rs.. i .. .3301 Eaat T....... TraU ~. _ ~ Nap.... Jrt 34112 IlC (%3') 774-1097 ~ 1= Fax: (ut) 7''''360% j i . t ~ ~ JJ ... 1 23C37743Sil2 8:IC OF~rCE AppUcatlon for Advisory CommitteeelBoards ftfp.J. ~ W 1A/1 ~ ~-47 s-'Iz.'- Name: r tJ. '/I , .. I . 'fI L I ~ A5 Heme .bea': . HOIMAddresl: ;1 P- 3 Jt.rJlH/)jt.~ t.NAJ.IL ZlpCMe: ., V /tJr Fax No. {92.. ()j""'1:J Bu"",, 'bOllet J>~" / ~r ......u~~~.wI Plaeeotr.mplD'frJteat:f1pt~Ic,~c~' .P11,. . V BoardorCorma1trtoAPpGedtor:/tUl.lJtAJ ~lliJ 'Y115 T8L1 ~CcfYI~ C.tepry(ifappli*le): LA~~J""'!' ~~ /J~.t9~,'f"~ ElcaftIJIle: eo......... DIIittd, tlev"-;;. ........_efll1l..,I.,............ ~ How ~ llP010U Uved . CoWer Cou..t7~ V.an 9~ Meath. Are feu . rec..rett "Oler III CoII1tr Coaly: Yea v?' No No V i' .. ))0 you prreatly beld pubk otIkle" Ya If __ "bat b tUt IfUtd H....e you e-vtr beeII coDvicttcl &f uy offeDse ..ailllt the Law? Yes. Ii y.. .pl. .Do Y" M'lf ~ ..., Itavl YDII ....... Hn~ 011 . CeWer COIlJllty baird or tollllDlUJe! \'. 1t)'1I, )llalelilt liIe COllllllltieellboanll: No/' No V v- .. 1'CMa. -* MIJI fIIItJiIiMM 1If/~ ~./<<I,.;iM1Ii. n.lI..liu",........., ~.....'~.".,.. .w..,.,.. _~oft:tMllUYC_IM~ llfl €at~ :n.dI,.....,., n J4U1. /ltJGI' wid.1fl-/lu,., lln~rh" rl.. (11')11+.1..,2 IN.."..p ... '-~"'-.l'& 11I-',1M/ftil' -.I....""" _ .., -...I1/CIIl/tIr e..,. -- -- . Advisory Board Application filson_s From: tedraia@earthlink.net Sent: Thursday, January 04, 2007 11 :43 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 1/4/2007 11 :42:38 AM. Name: tTheodore J. Rai~ Home Phone: 1239-594-28511 Home Address: r 117 Pelican Bay Blvd., Apt. 4041 City: lNaple~ Zip Code: ~ Phone Numbers Fax: I Business: I e-Mail Address:ltedraia@earthlink.ne~ Work Place: ~etire~ How long have you lived in Collier County: [!g Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !pelican Bay Service Divisiocl Category: !Not indicated! Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Page I of I Agenda Item No. 9A r'v1arch 27,2007 Page 24 of 28 Please list our communi activities: irector, Pelican Bay Foundation, Volunteer for Habitat for Humanity, Director, Pelican Ba o Owners' Association, Education: S in Mathematics, Manhattan College, MD University of Rome, Radiology Residency, Walte eed .A..-:nr' Medical Center. 1/4/2007 e -- .. 01/~4/2007 12:29 2395'342851 THEODORE J RAIA JRMD PAGE 131 Agenda Item No. 94 March 27, 200~ Page 25 of 28 Board of County CommistiODen 3311 :t.I.t Ta..ilIml Trill Nap"'" FL 34112 (%39) 774-809'7 Fall.; (%3') 774-3602 R E C E rv JAN n 4 2007 Application for Advisory Comm1ffec.;vs1B~rdl N..cr ~eo b (!)J2...€ '--::T. R A , ,q IkMH .....: 2..:12- $""11- e 8 S-( I Horae A.".,...: 71/7 Ph-LICit,.., 13.4"f' 1SLV () JJ- ~g,'h,.:31./ If) g i ruNo. ~""M~ ......nOlM: - - .....U.ddrwI; 7J;'DI2RIII @.F"~-rN'iJ'#:. ....aorE~.t: Re""t!~ I Beard or COIIUIItttee Appled for:'pEJ-,\ '-AN is A~ ~"-R\1\CS b, V) 501 ON Catepry (if appliuble): Ea.....; c-.... Piftrk.. ......... ...,....11I........ .., ........ Co Bow loDe me yn lived ha Collier Co...,..: Yean 9 MOIl" VN. No ~ A.re YM. .....red ..fer" coWer Couty: v. Do ,.. ......t.,. ..ad ..bile 0...1 Y. If... .... II n.t eIIIc:e? Have yoa ever Mea coavieted .f aD, ofte.M .pillat tile L......! If "... _plaia: v' Yes No 0.,... ... ""'t, or NYC YO. '"" Mn'...... CoI'" eo.1I1y _rd., w.....,. Y.. It yw, ......Ibt taM ~........"...; v' No Plea.. Mlt )'CMIr co....lIy IIdIvitiel (cMe ehabI., .....borllood MIOCiatitu, ete. ... polIidoDJ ~eld~ I (tecTO A..<v ~~JJ :~~ F:u.!/;~~1 ~~ ~'H'(.r~~' l5 '" 1#1\. "C""f t) I l. J D if~..,.,-"n...'" ., r"T 1== tJ t\. \..\, V M.4UJl 'r" r Ed_, B:'L4~~r~"T~ ~~1I~~ ~~ "'f UV,\Jlt?a.s.fT'fI!!J- If\'' Q ~L ~, I .,.. iJi?...r;:. Eg:~~1~4~:;Wti['l?ji.V;:-ui;l;~~ ~ ..... ~ .., ~ ..rf 1 JIf1II/WI,."... ,.. ~ r"'ffrlf ....",..JIt4..... II Sow ,..,... ,..... ",...., II .., ....,,,,~ !'I'll . J' IT~ WI E.- ,....... fNI. ~ n. ",',1. UJIfIII ....",..,,.,,..,....rt If ... (V,}"l-Ja1.,........ "1M~!!tr .",.. ~"" 1 lIT 09"'" II _.., ""lI!f~ 0IrIM00. . -. . To: 514-3217 12/28/06 03:08 PM From: S~r1nI8P&Ula pa,. 2 01 2 Agenda Item No. 9A March 27, 2007 Page 26 of 28 ,P_- ....,.. ~-'-'"\ ~~..~ Board of eo.nty CommtuloDen 3301 &at Tarnland TnU Nap" n. 34112 (ZB) 7'74-109'7 JI'uJ (239, 774-3602 '..J -.\.,'n\,:~.-:; '. ,( Application for Advisory Committees/Boards l'iUM:PONft L-C Sf>>At-J ~~ ao..n..:l~cf..::>1t1-"''i11 Bo_AdII..-:~TqJ~ LANff 2lpCock:~~! Fu No)8'1!fr"l ~"-J 7 aUI__ plloo<<:-;:t3~~7 ~~ ..m8I! ~.--: ~ II r~ rl"'/'fC...A:; r, NET ~.I"""I.t:jlli'l" ~ 0 BoardorC'''-~AppUedfor.f'f!uc~ N !JAY M~U ,q,bVLSORV C'".lII'" r1"'rfS. c.~ (ifapphcable): R8c:;' lOe..J 1" EaanIplet c........ D*I1d. ~. ~'-"llll" la, ........ .... How loa&uve)'Gll lived lD eoW.Cnaty: Yean ~1.B.V't!1l ~ tr Mo,sJ An yea . ..pteI ed ...... in CeIIIar Couaty:~. V No 1)0 Y01I curr1IIltl)' ~ ofDcef v. ~ No 4J...--.... Jre., wbt ..1UI.....f~RRS 1 b!3lJT""" D(A R tf"!'i W t' AM ~ ,",SlPJO ~ ~ ~~ ,.r~.J:! No v Have you ever ben coavkUcl of u1 ofteD.e aptut tile Law? Yes Ir~ ......1 O')'O'aQ-""...or....,.._~_.Call~IC~~ll'A~.,.I_! y_ V. N. If,., ........~I~~Il.<R-~ ~~v .!.1Q't'l~'t' ,~\T~ __ _ __ "_ _ .". ()S2~~- -.-- -h~tioa:~T~~~ ,.;~ 1f;-c~f.h!:~y - L39...t~D, ~..LC.\.~~M. 1Bt6t=;,Jj) I~ " -~~~ "... -* -u...... ~ ~""",.,.,,-. ne.,. - I' .'-M Hfw-MI. S- n-. ~ 111......,. '*... #/c...,c_....._. nol ...~, n... .IV..... n ,.113. q,.. ....,,,...fec,..' ~r rr ....... (!nJ'u..JU:.,-.... - ~ "'10 -..- n.u~~'-"'-""'-".4'iIIw"'-rCMlor~ - -- ----------------- - ~ ~ PAGE IH Agenda Item No, 9A ..Mj;lf.C,b.,2,l... f007 h r?a~e. ?7 ;~l,~D ;L --. o . il/07/2005 23:29 9415143217 DONtlLD SPAI-HER "j; .'....,,~ I:)!if;r~ ~ Board or County Commissioners 3301 Eatt Tamlaml Trail Naphes, FL 3411Z (239) 71"-8091 Fa: (%3') "'''''3'02 Name: Application for Advisory CommitteeslBoards , Home PhoDe:~,< 514 1<i /7 Zip Code:~C1 ~ ewmail acldreu: Do yOll a_ nnl, or hlv, )'OU ever "/"I' 11!l:I!;;; ltc' the colDmittaftlbearc!a: ntyboard r~~~_ Piau _ci .", 1IIIINti... ifl/.---., ]It'- jut".miNlt.. 1'1111I ~,;." .....". H I_I'(/d.. SI4. "'-H, ~w. M""..., ,. tiw/l-n .IC~"'lftyC_...".,." JSfl E." r...... TreJI,fliflpIM, FL JJ1J1. IfY" ""'Il."...,j.."..,,~,. ,lJ,) 774.J&D:l ., _1IiI.. ...IIl~....... n... ~.ft,. wlMrnrlll6 Ie .~ 1M c/t;u""1 Cll/lltl, C.."",. Advisory Board Application filson_s Page 1 of 1 Aoenda Item No. 9A ~ March 27, 2007 Page 2S of 28 From: mike levy 1 @earthlink,net . Sent: Thursday, December 28, 2006 3:44 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/20063:43:48 PM. Name: !Michael LevY! Home Phone: ~ 59C/ - /7 tf / Home Address: ~710 Pelican Bay Blvd. #4351 City: lNaple~ Zip Code: ~ Phone Numbers Fax: ~ Business: ~ e-Mail Address:jmikelevyl@earthlink.ne~ Work Place: lRetire~ . 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: !pelican Bay MSTBU Advisory Committe~ Category: !Not indicated! Do you currently hold public offiice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: nterlachen One Condominium Association - Treasurer For the 1993 through 1995 tax seasons as a volunteer in the AARP/IRS Tax Pre aration Assistance Pro for the elderl . . Education: IBs from M.LT. MBA from N.Y.u.1 12/28/2006 ,- Agenda Item No, 98 March 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO REQUEST THAT COUNTY MANAGER JIM MUDD HAVE EMS DIRECTOR JEFF PAGE'S LETTER TO NORTH NAPLES FIRE CHIEF MICHAEL BROWN, DATED OCTOBER 16, 2006, OFFICIALL Y RETRACTED. (COMMISSIONER HENNING) OBJECTIVE: That the Board of County Commissioners request to have County Manager Jim Mudd direct EMS Director Jeff Page to retract a letter written to North Naples Fire Chief Michael Brown. Letter dated October 16, 2006. CONSIDERA TIONS: The Heritage Bay PUD, Ordinance 03-40, officially adopted by the Board of County Commissioners on July 29, 2003, includes Section 2.22 OTHER PUBLIC BENEFIT COMMITMENTS, Item A. General Government Site, states: "The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site.....". In EMS Director Jeff Pages' letter to North Naples Fire Chief Michael Brown dated October 16, 2006 states (in regards to a proposed joint EMS/Fire facility on said property on the Heritage Bay PUD) "I have no objection to providing a long term (40 year or 99 year) lease, such as we have at the Pelican Bay location". FISCAL IMPACT: There is no fiscal impact for retraction of Jeff Page's letter. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact for retraction of Jeff Page's letter. LEGAL CONSIDERATIONS: There are no legal considerations at this time. RECOMMENDATION: That the Board direct County Manager Jim Mudd to direct EMS Director Jeff Page to retract the letter of October 16, 2006 to NOlih Naples Fire Chief Michael Brown due to erroneous information regarding the Heritage Bay PUD proposed General Government Site and express the County's intent for ajoint facility. Prepared by: Commissioner Tom Henning Item Number: Item Summary: Meeting Date: Agenda Item No, 9B March 27, 2007 Pa[Je 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B For the Board of County Commissioners 10 request that County Manager Jim Mudd have EMS Director Jeff Page's letter to North Naples Fife Chief Michael Brown, dated October 16, 2006. offlcally retracted 3J27/2007 9,0000 AM Date Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCe BCC Office 3/20/200710:33:32 AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe BCC Office 3/201200710:37 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 312012007 12:24 PM I ,,,',.cO"",,. .""., ,".: : .J'"'" CS : . a::::> _ , ;~~~:"E,::::~~~J DaD E. Summers CEM Bure:JlI Di.rector , 5"~~', ,'".-"V: .-,;"Fitr,~ ':!~~'q; ""i;;j Dr. Marta Coburn :~r"'.Z;,: Distnct Medical Ex!mmci':d.'A~.l . :ff~J :;;;~~il' i~~i~";1 Hom","d S:cu"ty ':' '.~j :::~::~:.ns ':J~~ Ernt:'rgency Management'. '.:'~~'-l T,:)ln""" 'lr1~~ .. ~",-.\ :.: ,'~~~~~! ::;~~j Dr. Robert Tober E~IS :vkdlcaJ Director :~~ J (~! "~,/~.::!5 ~f. Agenda Item f-Jo. 98 March 27. 2007 Page 3 of 6 : :;L=',I.Ir~ CC)";j(i'T-,( 2~'~:-:,~ .':.1;=j'1 E"1>":E::~,,~:S~,iC-~- SJ:R~iICZ3 -~---- -~- ~l< ~~< ...;2..~' ~/=.:: =>i I~'.~'~=- :"j'?(/~ '=E3 ~"7u: -)1\11111 l'k'f)(~h,lC ~)!"i\.: ~,,1111.:s, I-k,!ItiLl ~.Jln-l ) :39.'1';...;;-1)1) ) r\\ ~JI.i-:"5..~45-1 ~,~ . :....'~:!.:; October 16. 2006 .~. ::.~.;! Chief Michael L Brown North Naples Fire Control and Rescue District 1885 Veterans Park Dri ve Naples, FL 34109 RE: Joint Fire/EMS Stations Dear Chief Brown: Thank you for your letter oC October 4th regarding the possibility of joint E\1S/fire stations. EMS purchased land at Vanderbilt and Logan for the construction of an EMS station. Since this station will be iocated within the jurisdiction of Golden Gate Fire. we are continuing talks with them. Therefore, we would not have an Interest in the Oakes Boulevard property. which is very near our VBRJLogan location. Also, as you are aware, Collier County currently has plans to build an EMS station at Heritage Bay. We met some time ago with Assistant Chief German, who offered input in the design to accommodate fire. along with EMS. That stalion design has been finalized and the SDP has been submitted. While you indicated an interest in this location, you mentioned a concern regarding assurances of long term use of the facility. r have no objection to providing a long tenn (40 year or 99 year) lease, such as we have at the Pelican Bay location. We will continue to look at future joint stations, however, at this point in time, it appears that it would be best for the County to proceed with the hui Iding of the station at Heritage Bay and would be happy to discuss the above mentioned long term lease with you should you wish to co-locate at this site. Agenda Item N I, 98 March 27, ~007 Page 4:of 6 I agree that viable locations are becoming more difficult and costly to obtain and let me reiterate that the County is not ruling out joint stations, We will look forward to discussing this funher with you and working with you in the future. Sincerely, ~~ Jeff Page, Chief Emergency Medical Services CC:Leo Ochs, Deputy County Manager Dan Summers, Director, Bureau of Emergency Services -~ Agenda Item No. 98 March 27. 2007 Page 5 of 6 ORDINANCE NO, 03- 40 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH 5:; INCLUDES THE COMPREHENSIVE ZONING REGULATIONS r ' FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, _ ., FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS r~'. _ i NUMBERED 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S r.,'j AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF :'1:" THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL F,-,: AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT ~ ~ KNOWN AS THE "HERITAGE BAY PUDlo LOCATED ON THE ~j:;:; NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C,R. 951), IN SECTIONS 13, ]4,23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. U1 ,.....,) ~.::~ 0;.,.\ ,,;, ':I -:! I (,", '......... ; ~. ~-.i .1:- :,.:1 WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S, Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein, The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 86]4N, 8623S, 8623N, 8624S and 8624N, as described in Ordinance Number 9]-102, the Collier County Land Development Code, are hereby amended accordingly, SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florid~ this 29th day of JULY ,2003. ;~\ ,~\\\I\UIl'''''tt'i, ;':';' A~~~<ts:$1,~w.an' s f~~ty~;;~~!..;.. \" ' ;.::;;..:: ~/'ll't:/;.:...>.. :.~'S " ; ;';(fT~'f::':, ~~".: ~ ~ '. ^. Agenda Item No. 98 2_fj1prch 27, 2007 . Page 6 of 6 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than Yz mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that Yz mile distance at the Y. mile distance, H, The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than Yz a mile north of its current tenninus at Immokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of the" no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A General Government Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject , to the receipt of impact fee credits, B. Parks and Recreation The developer agrees to prepay $2,8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities, This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: I I II 11 ,I I. 71'2312003- 111347 v.,: 141. OVYEHR ,..., NG444-0OS.00). PPHS. 2ua2 Agenda Item NO.1 OA March 27, 2007 Page 1 of 10 Executive Summary Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Interlocal Agreements. OBJECTIVE: The Board of County Commissioners is requested to reaffirm the staff actions associated with the staff generated correspondence for potential termination and concurrent revisions to the Advanced Life Support Interlocal Agreements (ALS Agreements), between the County and various participating Fire Districts. CONSIDERA TIONS: Over the past several months, the Emergency Medical Services Department has documented numerous incidents in which participating fire districts failed to comply with the terms and conditions of the ALS lnterlocal Agreements and the medical protocols and program guidelines established by the Collier County Medical Director. Substantial deviations from ALS Agreement language and infractions upon the rules contained with Chapter 64E-2 of the Florida Administrative Code have been noted. Several key areas of concern include: . Duplication of resources, inconsistent staffing levels, non-pennittedlunauthorized apparatus, inadequate opportunities for clinical practice and refusal by some fire districts to respond to specific emergency incident types. Florida Administrative Code allows for the County to manage/adjust/correct the operations of pennitted ALS apparatus. Varying levels of pre-hospital service delivery efforts by the participating Fire Departments are outside the provisions of ALS Agreements and/or goveming Florida Administrative Code. . Florida Administrative Code requires a medical director approved quality assurance program to assure proper patient care and medical director oversight of all ALS delivery components. Multiple attempts by County staff to enforce consistent submittal of patient care reports have met with resistance, refusal and/or inaccuracies beyond acceptable quality assurance levels. Staff concerns and actions: Collier County Emergency Medical Services staff went to great measures to professionally address the concems related to Advance Life Support Agreements to maintain Collier County's high quality standards under the direction of Dr. Tober, the County's Medical Director. However, having been unsuccessful in obtaining compliance, staff deemed it necessary to make formal request to the Fire Districts to develop new ALS agreements that would guarantee program compliance and protect the county and its medical director from potential liability and Agenda Item NO.1 OA March 27. 2007 Page 2 of 10 state enforcement actions. Noted below is a sequence of events and actions by staff that generated the action to make notice to terminate and re-tool new ALS agreements. January 08, 2007 " MedCom 45" as a radio identifier suddenly appears on medical calls. There is no notice from North Naples Fire District [NNFD] detailing who this person is, responsibilities, qualifications, scope of work, etc. -Definition of "MedCom" as identified within the Collier County Fire Chiefs' Association Communication Manual as recognized by the Dispatch Center: "EMS Administrative or Operational personnel with command responsibilities". It appears that MedCom 45's operations have not adversely affected operations. Informal reports from crews and staff are that he (Captain Chuck Bacon); NNFD simply shows up on calls and assists. He does not make any attempt to command personnel or affect patient care. Division Chief Bowman, CCEMS continues to monitor his actions and receives reports while he prepares to approach NNFD's newly appointed Assistant Chief, Robert Metzger for clarification of MedCom 45' s roles and responsibilities. January 30. 2007 "Division Chief Dan Bowman, CCEMS is informed by several EMS staff members that MedCom 45 responds to EMS calls and cancels permitted NNFD ALS Engines prior to anyone arriving at the patient's side. MedCom 45 's intention appears to respond in lieu of the full ALS Engine response. NNFD has still not noticed the County of the intentions, qualification, or equipment carried by MeclCom 45. Division Chief Bowman has a meeting scheduled with several fire department chief officers in less than a week. In preparation, staff researches if MedCom 45 is within the EMS2000 reporting system. It is discovered that it is not and Captain Bacon, while responding as a first-due apparatus, is not personally inputting patient care reports. As a result, an informal study of FD's history for accurate reporting of ALS apparatus staffing is ordered. The results of that study are noted as Appendix I to this Executive Summary. Februarv 05. 2007 "Data was produced to show that all Fire Departments consistently fail to submit accurate ALS Staffing levels to the County. DC Bowman sends a request to all participating Distticts to follow up with their staff to assure they are compliant with the mandatory reporting procedure, -Division Chief Bowman, CCEMS attends a Cross Training Academy meeting with several Fire Department Chief Officers. AC Metzger is not in attendance. Nobody in the group can explain MedCom 45's responsibilities. DC Bowman, CCEMS meets with Chief Page and it is agreed that a formal inquiry must be sent to NNFD asking them to explain the position. BOVv'lTIan sends the email. 2 - - Agenda Item No. 10A March 27, 2007 Page 3 of 10 -Battalion Chief Epright, CCEMS contacts Bowman to inform him that there is now a "MedCom 25" responding to calls in East Naples and crews are becoming more confused by the roles these new personnel have on medical scenes. It is decided by Page and Bowman to remind County personnel that despite the "MedCom'" definition, the Interlocal Agreement states that County paramedics are in charge of all levels of patient care. Dr. Tober is consulted and he informs Bowman that he has not authorized the use of the Medical Command designator. February 06,2007 -~ivision Chief Bowman writes to all ALS fire districts and explains that there are some legitimate concerns with the adoption of the Medical Command desib'1lator and requests that all districts restrict its use until the County can be provided information. -Division Chief Bowman, CCEMS receives a reply from NNFD Metzger. NNFD refuses to discontinue the use of the MedCom designator and offers no consolation that they are willing to discuss the matter. Metzger's email is filled with errors and written in a hostile tone. In addition, the email is copied to all fire districts. Division Chief Bowman responds back to the entire group strongly and corrects Metzger's errors, commends their efforts and requests that they meet in order to come to a solution. Within moments after Bowman sends the email, Metzger calls Bowman. Bowman explains that regardless of their differing options, he believes that it should be agreed upon that canceling ALS apparatus prior to arriving on scene is a very dangerous practice. Metzger replies that he does not believe that is happening and says the County must provide proof that this actually occurs. Bowman replies that he has witnessed several accounts on the radio and is it necessary for the County to expend all of the resource to support a very evident practice. Metzger says it is not necessary and he will consult his staff. February 07, 2007 -~ivision Chief Aguilera, NNFO, sends an email to DC Bowman, CCEMS explaining that MedCom 45 does cancel permitted ALS responses and it remains the intention of NNFD to continue the practice despite County's order to discontinue. -MedCom 45 and 25 continue to operate in the streets of Collier County. It is reported that M edCom 45 continues to cancel permitted ALS responses. Februarv 09, 2007 .Oivision Chief BO\\'man, CCEMS sends an email to FD executive level chiefs to attend a workshop to remedy the confusion that has spread throughout all of tbe departments. It is scheduled for the following Thursday. -Dr. Tober sends a Jetter to all FD departments illustrating several severe discrepancies in ALS service delivery and orders that any non-pennitted ALS apparatus discontinue operations. .Oivision Chief Bowman, CCEMS and Chief Jeff Page, CCEMS contact all FDs directly and instructs them to remove their ALS equipment off of the un-permitted vehicles. East 1\ aples Fire Department's MedCom 25 refuses to remove the equipment. 3 Agenda Item No. 10A March 27,2007 Page 4 of 10 The only Districts that RSVP are Isles of Capri, Marco Island and City of Naples. North Naples does not respond until the day before Thursday meeting, and East Naples never writes back. February 12.2007 -Chief Page, CCEMS directs DC Bowman, CCEMS to submit a RLS asking if it is necessary for the County to sunset the existing Interlocal Agreements in order to address the changes that have occurred in the ALS Engine Program. February 13, 2007 -Division Chief Bowman, CCEMS and Dr. Tober meet with NNFD's Metzger and Aguilera. NNFD attempts to distort the history of their "quick response vehicles" so to allude to County culpability. The meeting does not go well and Metzger makes several references to the media becoming involved. In addition, NNFD accuses the County of discriminating specifically against NNFD and they will seek legal council for options. -Division Chief Bowman, CCEMS contacts ENFD DC Teague and orders him once again to comply with Dr. Tober's direction from the previous week. Teague continues to refuse to remove Medcom 25's ALS equipment until Bo~'tl1an advises that his forth attempt will be through an email.Chief Page contacts ENFD Assistant Chief C Potteinger and they immediately comply. February 14, 2007 - County Attorney's Office replies to the RLS recommending a retooling of the Interlocals. February 15, 2007 -As directed by Director Summers and Chief Page, Bowman faxes Summers' notification of termination letter to all Chiefs. February 16.2007 -Zoll Medical our contract defibrillator and monitor vendor provides supporting documentation to BC Ortega, CCEMS and Chief Page that NNFD's procurement of heart monitors without the Medical Director's direction is unlawful. Collier County EMS staff conducts a quality assurance assessment and denotes the following as it relates to fire service responses. A random sampling of 165 responses illustrates that the fire department's responses is comprised of primarily BLS incidents, and incidents when they arrive prior to County resources is as defined: ~- 4 .- Agenda Item No, 10A March 27, 2007 Page 5 of 10 2 . BLS Incidents - No ALS care reQuired (146 Incidents) . ALS Incidents - Proper treatment prollided by FIRE DEPARTMENT prior to COUNTY arrillal (2 Incidents) . ALS Incidents - Impropet treatment prollided by FIRE DEPARTMENT pnor to COUNTY arrival (17 Incidents) 1 st QUARTER FY06"()1 QUALITY ASSURANCE REVIEW Annual Update to Inventorv Reporting:: During the 2007 Annual Update to Inventory Reporting study effort the Productivity Committee ask the Board of County Commissioners, to give consideration to the ALS engine program as a contribution to the number of EMS transport units computed in the level of service standard. Staff from the Emergency Medical Services department expressed concern regarding the inclusion of ALS engines as a contribution toward transport for the following reasons; A. The AUIR required a designation of the number of transport units as a formula of per-capita population. ALS engines do not have transport capability. B. The A UIR reports on county owned assets or resources. Collier County EMS does not own or operate the ALS engine program, as it is administered by an Interlocal fashioned document with resources owned by the independent fire districts. C. Collier County EMS was able to illustrate the inconsistency with ALS engine program resource availability. Please see Appendix 1. 5 - Agenda Item No.1 OA March 27,2007 Page 6 of 10 Direction from the Board of County Commissioners was received to have staffre-visit the ALS engine agreements to find avenues for improvement and efficiency. The Board further directed staff to find solutions in the ability to count the ALS engines toward some formula ofa transport unit. These efforts also supported the staff decision to re-tool the existing ALS agreements. D. Collier County EMS has procured grant funds from the State of Florida to have a consultant review the ALS Engine program and ALS Transport program to conduct an analysis on the level of service standard. This research and subsequent recommendations should assist staff in validation of the contribution of the ALS engine program toward the number of county transport units and subsequent level of service standard reviews. This study effort by the consulting firm is expected to begin in July of 2007 and be completed by December of 2007. Other Attachments: Attachment 1 - ALS Engine Daily Compliance Reporting - Page 8. Attachment 2 - Correspondence to the ALS Fire Districts regarding ALS Agreement(s). -Page 10. FISCAL IMPACT: None: GROWTH MANAGEMENT IMPACT: None RECOMM END A TION: Request the Board of County Commissioners reaffinn the staff actions of notice of termination of the ALS Engine abTfeements while negotiating a new ALS Engine a!:,Tfeement to address quality assurance, medical control, medical accountability, and level of service standards. SUBMITTED BY: DATE: REVIEWED BY: DATE: APPROVED BY: 6 Agenda Item No.1 OA March 27. 2007 Page 7 of 10 ALS Engine Report 2006 . Compliant Reporting 1200/0 1000/0 800/0 600/0 400/0 200/0 00/0 100.00/0 00/0 430/0 360/0 250/0 ENFD NNFD MIFD NFD ICFD *Compliant Reporting = ALS status was reported and personnel were identified ALS Engine Report ENFD NNFD MIFD NFD ICFD Compliant Reporting 111 1 73 132 365 Table showing each Departments total Engine Reporting compliance for 2006 (expressed in days) (N=309) 7 Agenda Item No.1 OA March 27, 2007 Page8of10 ALS Engine Report 2007 (as of February 23rd) . Compliant Reporting 1200/0 100.00/0 1000/0 81 DID 720/0 800/0 500/0 61 DID 600/0 400/0 200/0 0010 ENFD NNFD I\lIFD NFD ICFD *Cornpliant Reporting = ALS status was reported and personnel were identified ALS Engine Reporting ENFD NNFD M!FD NFD ICFD Compliant Reporting 29 18 22 26 54 Table showing each Department's total Engine Reporting compliance for 2006 (expressed in days) (N=36) 8 w-.O#.......-.._-.. ~. S5S _,,,-,~,I.JI1.mUIaI Jefl '.i.fJ:iC C'lud EM1;.;:tYtf ~ Agenda Item NO.1 OA March 27,2007 Page 9 of 10 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES EMERGENCY MEDICAL SERVICES I FIRE DEPARTMENT 27G, South Ha"""t."" Drive * N."l"" Florid. 34104 . 23...774~459 . FAX 239-nS-4454 To: Chief Robert Shank CUd Mike Murphy dUef Mike Brown Otief Jim 11cE voy From: Dan E. Summers, GEM B\.lR:<lu Director Date: Febru:.u-y 15, 2007 Re: Advanced Life Support Engine (ALS) Partnership Program Purswnt to recent l~-,&..u review and associated term<; within the lmcrlocal Agreements bcrn'ecn Co~r Coum:y and the Independent Fire Districts regaroing the ALS Engine progr;>..m, I am hereby providi.."1g you ninety (90) cL"il}'S !loti,:e of our L:llcnt to t(:!!.1",llltale the eri;ung ;t.gl'~t:m::::nt with your ~gerIC~/_ DtL.";ng tilts time period) r re$p~crj'JJly recpJe$t your suppon in d!.:~'lr~k.\ping ~ su~ce~:sor a~~m~nt so Vie tru;~f pr.-event 211): LntCT.7upticn"of .:~io.~ !~C"r\"lce te"v"ets V"'1,,J1_~n .,,~'OtR:- dtS'l1"lc:t ;:und 2ddress t.b,e best tnterest. ()f ~J~ p3.::"ues ;).wl the DU::.!ic w'e ~;er":'e. . I would appreciate an e- rnail ar memor.maurn regarding }~I.!I concar,en::.t~ and I sLDcerdy ;'.'l'Jprecia.e the e;:cdlem service 2J;-d. pmfc;;siorl<IJi..'iffi y;:m conr.ribute to :,::11 OUt~ p~..d:/r,ic safet'yefforts m (:Oll.i~t' CJOun!)'_ 9 ,A,oenja Item \ie, "1 , March 27. 2007 Page of 10 COLLIER COU~TY BOARD OF COUNTY :;OMMISSIONERS Item Number: 10A Item Summary: ThiS Item tG :;'8 heard at 300 p.rn Reauest the Board ot County Commissioners to reaffirm the stat" a::::flons taken In aSSOciation with the Advanced Life Support ,t:..greements 3/27/20079:00 OC; /Uvl Meeting Date: Approved By Leo E. Ochs, Jr, Deputy County Manager Date Board of County Commissioners County Manager's Office 3121.'20075:05 PM Aaenda Item NO.1 08 ~ March 27, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve the approach to the Willow West Storm water Improvement Project located in the Willoughby Acres Area, County Project No. 510076. OBJECTIVE: To provide the Board of County Commissioners with a summary of the stormwater issues in the Willow West neighborhood and to gain Board approval of a recommended project approach. CONSIDERATIONS: The Willow West neighborhood has experienced poor stormwater drainage conditions for many years. The task of defining all the issues and developing a plan to address these issues was initiated by the Stormwater Department in 2003. Sufficient surveying and engineering work has been completed to date and an adequate project is proposed to attend to the issues. Prior to preparing construction bidding documents for the project it is essential to update the Board on the current proposed project approach and gain approval. The neighborhood experiences numerous locations of standing water following normal rainfall events. The main cause of this is the lack of an adequate storm water conveyance and outfall system along portions of two streets, Mentor and Johnnycake Drives west of Euclid Avenue. Runoff collects in residential driveways, at the roadside edges, in roadside and backyard swales and remains stagnant with only evaporation and percolation as a means to slowly be recycled and return to the hydrologic cycle. This situation, by definition a full retention system, is not a detriment in and of itself. However, full stormwater retention at the roadside edges is harmful to the roadway and to all associated right of way infrastructure. Adequate County stormwater conveyance and treatment areas currently exist downstream of Willow West. The stormwater improvements proposed have been designed to collect and convey runoff away from the road's edge to the County's secondary system where proper treatment and recycling will occur. A complete design solution is identified with the proposed improvements split up into two segments. The first segment (Phase 1), if completed, is estimated to remediate approximately two thirds of the stormwater issues by mitigating the majority of the standing water issues along the County maintained roadsides. Phase 1 includes work within the road right-of-way and side lot drainage easements. The second segment (Phase 2) stands alone and if not implemented will have no detrimental affect on the first segment. Phase 2 includes restoration work within backyard swale drainage easement areas. ,-' The Willow West Subdivision consists of 48 single fanlily residential lots. Staff has held several public meetings with the residents of the neighborhood. Willow West does have an active homeowners association with a Stormwater drainage committee. County staff Agenda Item NO.1 08 March 27, 2007 Page 2 of 15 has met with the Stormwater drainage committee. The committee recently submitted a petition to county staff signed by 31 homeowners demonstrating an understanding and support of the project by a majority of the residents. Residents endorse moving forward with Phase 1 of the improvements which will be continued to be maintained by the County Road Maintenance Department. The Phase 1 design plans are complete and can be bid as a stand alone effort to remedy the majority of Willow West's stormwater issues. With the Board's approval of this recommendation, we will commence with the bidding process for Phase 1 and return for BCC approval of the bid award. The Engineer's opinion of probable cost for Phase 1 construction is $450,000. No grants have been secured to assist with the funding of this project. FISCAL IMPACT: Funds in the amount of $385,384 are available in the Stormwater Capital Fund (Fund 325), Project No. 510076. Source of funds are Ad Valorem taxes. If the project approach is approved, the bidding process can begin and absolute project costs will be determined. GROWTH MANAGEMENT IMPACT: There is no impact to growth management. RECOMMENDATION: That the Board of County Commissioners approves the approach to the Willow West Storm water Improvement Project located in the Willoughby Acres area. Prepared By: Jerry Kurtz, P.E. Principal Project Manager, Stormwater Department Attachments: (1) Willow West Homeov.rner Association Documents, (2) Petition from Willow West property owners Item Number: Item Summary: Meeting Dale: Agenda Item NO.1 DB March 27. 2007 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B Recommendation to approve the approach to the Willow West Stormwater Improvement PcoJectlocated In the Willoughby Acres Area. County Project No. 510076 (Norman Feder, AdminIstrator, Transportation Services) 3/271200790000 AM Date Prepared By Gerald Kurtz Transportation Services Senior Engineer Stormwater Management 3/1212007 1 :54 :28 PM Senior Engineer Date Approved By Gerald Kurtz Transportation Services Stormwater Management 3/12120072:00 PM Eugene Calvert Date Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management 3114120075;21 PM Norm E. FedeL AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3!1512007 8:45 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 3!1512007l221 PM Date Approved By Lisa Taylor TransportatIon Services ManagemenUBudget Analyst Transportation Administration 31l5!2007 2:47 PM DJte Approved By Pat Lehnhard TransportZlbon S~rv!::es ExecutIve Secretary 1ransportation 5(;>rV1CCS p,dm!n 3/15/20072:51 PM D.1te Approved By OMS Coordinator County Manager's Offic(~ f.\QtTllm5trativf:' Assistant Office of Management & Budget 3/16/2007 7:48 Il_M Susan Usher D.1te Approved By County Manager's Office Scmicr Management/Budget Analyst Office of Man,3~emen1 & Budpet 3i102007 4:03 PM Approved By Mlchael5mykowski County Manager's Office Management &. Budget Director D.1te QHlef! of Management &. Budget 3l21/20ni' 9:12 AM D,ltl' Approved By JJme!? V, Mudd Board of County CommISsioners County Manager Count}' Manage~'5 OffIce 3/21/20078:56 {"M f=; I) ("') '. '\ ) 'I! I 01 10...1 uJe.s.'1 I'iCt"v11" Ow~5: '&:~ I Rt~~~!~ V~ R~~'~~ Agenda Item NO.1 08 / - 4Mwo/' 27. 2007 Page 4 of 15 Id.$~oc:at~...o n E 8.... '\ 'En i ittV cr--- j,LU.. 'i :--lDDr-.-- fS!L~ ~ ;::> I U t1 M \VA'f::R!~-;3 Mr.- .-- f' .~-;e~-T~~-?:kJO'N ~~~ 5;~:Lo-e.~ ~___ ~.s: t..l . U {"' _ ~ ('.1J UN I .s ... ___ Obo-..r-€. ~ \'<\~.~ vtJ k-,-_. .~ I r _.__..________._____._... __~Vl::- ~~~~s.o,J ~eJ__u~_o:.,j~c.~_k _9:_cC-_OJ ____ '-1.-",,('.. _________ v)~ )! e~.) hh:~ ~ r. IJ;)*-Je.cr ~ So ~c,' J...~~ C~L w ,/I c~) It" t { ___cluec .1t' ecv-17 CLN~ ~~ c~ov"l '--VZor~.. ~[' \ r\ 'j ,\...J I rYJC" :"'. ~__ v-r ~..... ~; t....e S\~ s.~ _.__._______....L.!.. I _,I) r.. . \' .:1 '_~.,!~ ,/ ,. " I ,: I . ---.------.-..... , __.____ v _ '- WI \j-(~ 'J-t. _ ~ _ _~.'-iJ v.:::_.f)9 ""1"\ l ~ , .::J ...";,A':: ::... 'L. . .____. -----lO u _ ,~~J I (/~_~______-),c.. 4c.. ~.~ J..J- J ;-, ~ :>:. ..)~:.=~_._ .___ C D_~. ~~;---\-: ~-='l '~ .' / 1_0 LJ \~. r .._~_.._..__~_ t--.:.: ~__.!_ ;, ," "'.':' ~ . s ,.-~ .......::: '.....- ---' - --.:::.r:.L.:-'1 ~:: ,'_r _.,,:>,., "-::-:-G. !"l')~ ~i 1 I --------------/ I 't\ r, ~~_ t '-.."",:; ;1 __ * I -- , r:. 0. ---~.~---- -TJ~-f--~-~ -. , '~._.._._t'Y""!.~._. '. f -.v ;' '~ --l-'/-)~~?'-~=~~> "{.~~~~-~.-i--r -~------- Ii - '11,40J(5 _' M "f2J/ ~;:.' I r- ~ f" -~ ~, ~ ~~.~-r Tj~-~~~~-~-.>. -. Agenda Item No, 108 March 27, 2007 Page 5 of 15 Collier County Citizen })etition No. 06- _' County Manager's determination of sufficiency on To the extent that S I 04.185, Florida Statues, applies to this petition, 'It is unlawful for any person \0 knowingly sign a petition or petition for a particular issue more than one time. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor of the: first degree. punishable as provided in 9775,082, or S775.084.' (* ] 04. J 85, F.S.) Petition To the Board of County Commissioners of Collier County, Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Water Project. Such project consists of the Willow West subdivision of pan of the SW 114 of Section 24, Township 48 South, Range 25 East, Collier County, Florida recorded in Plat Book i 5, Page 79. Phase 1 - Defined - That portion of the drainage swales and pipes in Willow West Subdivision's road right of way on Mentor Drive and Johnny Cake Drive and those drainage pipes and storm water structures interconnecting Johnny Cake and Mentor Drive and the rear lot drainage easements. Collier County Storm Water Management Departmcnt to pcrform Phase] with approved funding hudgeted per specifications of project drawings, Phase 2 - Defii1ed - The portion of Willow West Subdivision's rear lot drainage easements on the nOl1h side of Mentor Drive, sCluth side of Johnny Cake Drive and between iv1emor Drive and Johnny Cake Drive. Homeov,TIcrs to maintain this portion themselves. If owners decide to install infiltrator systems at their 0\,\11 expense, Collier County would supply a typical design lli'1der a blankcl permit. Willow West Homeowners Association, lne.will provide for the means to mai'1ta1n the north.south trunk lines. The Homeowner Association will monitor the maintenance of phase 2. Sig.nature Name Address Precinct # Date Date of Birth Tax Or VOlcr RcgL'ilJutlon P f-.oIE.! # I?~ ~ ""'" Agenda Item 1\10. 108 March 27. 2007 Page 6 of 15 Collier County Citizen Petition No. 06- _ Counry Manager's determination of sufficienc)' on To the extent that Sl04,] 85, Florida Statues, applies to this petition, 'It is unlawful for any person to knowingly sign a petition or petition for a particular issue more than one time. Any person violating the provisions of this section shall, upon conviction. be guilty of a misdemeanor of the tirst degree. punishable as provided in ~775.082, or ~775,084,' (~J 04. j 85. F.S.) Petition To the Board of County Commissioners of Collier County. Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Water Project. Such project consists of the Willow West subdivision of part of the SW ]14 of Section 24, Tov,rnship 48 South, Range :25 East. Collier County. Florida recorded in Plat Book 15, Page 79. Phase I - Defined - That ponion of the drainage swales and pipes in Willow West Subdivision's road right of way on Mentor Drive and Johnny Cake Drive and those dr.1inage pipes and storm water structures interconnecting Johnny Cake and Mentor Drive and the rear lot drdinage easements, Collier County Storm Water Mlli"1agemen! Department to perform Phase ] with approved funding budgetd per spec:ificmions of project drav,1ngs. Ph~se 2 - Defined .- The portion of \Villow We~t Subdivision's rear jot drainage easemems on the nO:'1h side of" \;kn~or Drive. souL" side of johnny Cai-;e Drive' :md r,etween Mentor Drive arid Johnny (~.ak~~ L)rj~\."e. Homeowners w maintain this p0nion L1.ernsclves. If 0\.\11er5 decide 10 install infiltrator systems aI thejr (mTl c::pense, Collier COWL:) would supply u typical design under a blanket permit. V/iJjO\V ,\\'e51 Homellwners AssociatioIl. Inc. will provide for the me:ms to maintain the no:tb-sOUUl trunk lines. The Homeovtncr ..\ssociation will monitor the maimenam:e l'i' pbse 2. ;) '1 gnarure ;-\anl:..: ~~dd:-~ss ') . '~~ , ri',~ lIl": t; .. ..........- v. ,_ D:~te Daw of Birth , :-1"',: ~str:;.cc city, ~UiI:;:. >:q11 \-L Agenda Item No. 108 March 27,2007 Page 7 of 15 Cullil:r Cuullt~. Citizen l'elitiuD No, mt-_ CUUII~ Malla~cr'~ determination of suffit~iclll'~ nn 'r to me extcnllhal S; I [14.; g:,. Florida StalUes, applies 10 lhis petition. 'I: I~ unlawful for an~ perSOIl lP kn(IWI1l!.dy sign ,I fll~lltJ(m or p~liti(ln for a particular issue more than OIlC lime. .tun pt:rsoll violating to:: pn\\'isiom. or till:. st:nion shall. upon convi:::tion. he guilt~ or a nw;demeanor oj Ow firsl de !!!':::e. pUlllshabk m rw\' 1(/(;0 II, ~;77:: .OK2. or ~77~ .Of>4.' (~ I (I,U RS. F.S" I'eiiiinn I ( th:: Board of COllnl) Commi~;sioncrs of Collier County. F\oriuu: ':'hl: undersigned p:.:lillO!l:.;rs her:.;!"') request tht' Board of COUllt) Commissioners to approve the Willc)\.\ \lvesl Storm "'mer Project. Su:.;b proiecl cOllsiSb of Ihe "":illoV\ West suhdivisilln or part or lht' S\\' I'':' of SCCliUlI =.1. Tpwnsoir 4}; South. Range 2:' Fasl. Coliier CourW.' r:loridu re:..:orJ:.:<l n: Pia! BDot : s. Pa~c 7l.. Pnase J .- Dciined Thill portiun of the drainag.e swales and pipes III v.,:illow W:':$t SubdiVIsion's road ;"li:!111 of wa:- on !v1::ntor Drive and Johnny Cake Drive and those drainage pipe~ <md Slllml wale strU:':lur:.:~ l!l\c.collllectmg .lo]ll1ny Cake and Mentor Drive and tbe rear io: drainuf.!t' 'Ci;!SCmenL';. ('nlhel County Storm "'Ul~~r !\1anagcmem Dcpanrn'cm to perform Pnuse ] with llppmvtX1 funam[.: nud~cl~:d r:.:' SP::::I fieatiorr; or pT(~ieCl druwings. ,;)h~s:: ~ .)~ll!:~d '~~bt' portion ()f \A,'iIL1\\ \\';;:s~ Subdi\'isi(l:'1'~: r::ar 1:): dra:n~g~ ~25~nl~rn~, or, lh~' nu:-:~~ :'.).:.1:: (\~ h1:.:-nlur ~):-j\,(.~. S()~l~~~ siue o1.ldhrln~ L aJ..~' I);--]\,(' :jn~~ hl~:v."~:~n JV1~ntor ~):.'\'c and .)':111:1rJ\ Cub: Il.;\:; Horn:':(l\\'n~:;;, t(. rnai:~~,jir thl~:. rioruon th~n;s:.:l\.'e~~. if (i\vn~:-.s d~cid~.: t+,1 nL~l~ll j~-~l:~t:-ahlr ~~:,'St'..:::T}~ ~H t;I:,,'i~' ("'.'I'r, '':~~p~L~)C- <.,,)r:II~r \~'''C)Ul'H: \..vnuid ~~urrly ~ l:'rn::.a1 dcs~gr~ llnj':.'~ ~J ~li~l!lkC~ ;1::;r;'11~. V;'iJ;.:)\,v \\'::s: !'-1':);-;-t~tn.Yl}~rs :\.sst,ciation. ill::':. v..ill pn~Ylj~ fe): :he H)::ans Ll' D1alnU,Up. th~ndn~J<;ouLh t:-Uill. i:;):.::,. I'll::.' 1 iO:T~L:\\V;,'rH.;; }\:;sn.:;iatioll \.viJl nlonltur Iht' niainl:.;nall::'::..' or :)hU~<";l':: ;:a I~, J '-r_' t_\ ; ;r: ~ .~. /\ ddrcss , . .:z '\ t "r"~('I'I('1 -:: l ".'.1.... , ,v,,", . i.,.'. ../i........ . ",,', l )~F(' d; ~)l:-~L J :;\ ! :..lr:.:.:';:':':I!\,!;:.;Jlr.:..'^1l1' ,." \::'.~' , (~ I) .I~ , " 1 ,! lJo.I;'it~,;v:h~,;-. (ire ~ S I 'I f'{ -TuI1lf"Y C./..c Dr I L II 010(, I .I / _ - -; 'il ~ '-( ,"; <' .... C 1 \ 7' I 7 c ';;,- Pag~ l of 2 (I),//U W {Ur: J! IhnrC? C)/..;J fIe,. r I/. fJG L SJf fJ)v . Agenda Item t\Jo. 10S March 27, 2007 Page 8 of 15 Collier County Citizen Petition No.06-_. Signature Address (street. cil)', state, Zip) Precinct #::< Date Date of Birth Tax or YOlcr Registration /I Folio /I Name -\~cc~ ~- I \ ,--c,- -';; .~I ......'"I<"l.---, CL ()r. ~".2. rYl-e-J1J.;. I [)r-, Page 2 of 2 Agenda Item No, 108 March 27, 2007 Page 9 of 15 Collier County Citizen Petition No.06-_. Name Address Precinct # Date Date of Birth Tax or V (lter Rq;iSltali"" Ii I'u,i" . 2... I'; c 7 y;i,(, ,\;2';-0 I ':>'5'C; Page 2 uf 2 " .... ~ ~j!f!t ~--- ~ -/o;;7-ek~ n :::::. r , Agenda Item NO.1 08 ~27. 2007 ~100f15 __Rf:_ _---W. 'j lo~~r;I~+-' fJ;;:;_~~~ ~~;~~,I=t~~--. m S:1:,r~wo.J.--r r0~~c~~ __e~~. __ _____ 0_ _ ..~ __ow __....___ We.- _'i.___.l J C ~-s. - ...... r"",1~ ""'$ ~ 11;;J-o ~ --~--r' ~ ~ J- N~d ------------(..-------....... ) "- C!l ~ 4 ~ c. p .- D , e.~ ..::r:- -C.. .:?' 0 u l--~-'" -y;-' '..j 'p.; C4.ll---M7 ~e._L!__~_~___tl.,J_.__~\ N c::::...______ _.._ "-r-1 .. J> / ~.s: } ~~*.D, \,~t~~~ ---------..-.--..---- ~~- ..---- ----- -23~...c'~.c t_Ci:-~~;.b: ---.__._____ _ ~;'~(3=-?l~?-~---_._. . ----------.-----....-- ----- ....v- . ----.--..---__....__. ,.....-- ~ n I-~~ ~'-1~' ?7Ll-, ... _._._~__._______ i_:...L______._____.______.___ _____._. ,;;"ll}l'", A~No.108 1/ ~7, 2007 ~e11 of15 Comcr Count}' Citizen }'ctitlon No. ()(t-_. County Manager's dctermination of sufficicm')' Oil To the extent that S 104.1 gS. Florida Statues, applies to this petition, 'It is unlawful for any person to knowingly sign a petition or petition for a particular issue more than one time. ,.lIJ1y person violating the provisions of this section shall, upon conviction. be guilty of a misdemeanor of the first dC!:,'Tee. punishable as provided in s;775.082, or $:775,084.' Ui J(l4,] 85, F.S.) ]}etition To the Board or County Commi.ssioners of Coil ier County, Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Waler Prc~ject Such project consists of the Willow West suhdivision of part of the SW 1/4 of Section 24. Township 48 South, Range 25 East. Collier County. Florida recorded in J'lat Book 15. Page 79. Phase 1 - Defined - That portion of the drainage swales and pipes in Willow West S ubdi vision's road right of way on Mentor Drive and Johnny Cake Drive and those drainage pipes and storm water stru::tures interconnecting Johnny Cake and Mentor Drive and the rear lot drainage easements. Collier COllin)' Stom Wat~r Management Dcparoncnt to perform Phase 1 with approved funding budgeted per specifications of pr~ject drawings. I'h2SC ] - Defined - Tr,e p8rtlOn ofV'/iDow West Subdivision' s rear lot drainage easements on the north side of M::nlOf Drive, south side of Johnny Cake Drive and be~ween MC:1lOr Drive and .10hIltl)' Cake Drive. Homeov,'Dcrs to maintain this portion themselves, If owners decide to instal] infiltrator ~~ysterns 2l'. thel: (l\1l'n eX;Jenst'. CoEi'.:r County wOClld supply a :ypical design LL,dcr a bianket permit \Villc)\,\ \Vcs~ IJomeO\Nllcrs A.ssociatioD, lnc. will provide felT the means to maintain the north-soutb t:-unk lines, The 1 ]one,lwn::r /,ssocialion will monilOr the mainte:1::mcc of' phase 2, S i ~~TLl1.u;t' >~ arn e A.Jdr::ss Precinct if D,~lC ) ax Dale of Binh o C, v'" L, \ "'-rJ.-,: ~ I >' r y (:are.t:t, ~ll), SUite" Z.lp,~ )-..0 J So fY~-- L .,. 0' \"OlC~ l(.::g:;,:tHl.IllJli ~ F'~lbc "!.; Dr Page 1 of 2 .$, Electronic Articles of Incorporation For Agenda Item NO.1 08 March 27.2007 N060000124S:fage 12 of 15 FILED December 07, 2006 Sec. Of State Ipoole WlLL.OW WEST ! IOivlEO\V~iERS '\SSOCIATJ01'\ E<C The undersigned incorporator, for the purpose of fom1ing a Florielu not-jC)f- profit c.orporation; hcrch~' adopts the following Anicles orJncorpormion: AI-tide J The name ofthe corporation is: \~'l! .LOW WEST HOi\.fEO\Y>JERS ASSOCI:\TIOl\ E\JC Article II The principal place of' business address 10 !vfEJ,T'j'(JE DRJ\'F, l'':APLES. FL. 34! 10 The mailing address olthe cOip()ralio!1 lS: :1(' \lENTOI'\. DEl\T _ .'\l'LES. FL. 34]](1 Article III 1 ne :<pec:Lic PLGTKJSe 1~)J \Vhj~',Jl l1~li:-; ~,\lrp(~7'Ul1on is c'rgL:ni/t~J:::-,. ~ j(}\.It:C )\\'I<:?r~s ..:..SS()C~l/~l~}()}<. ;'\rticle IV -['he nl~,l:'ln:::'_7' IIJ \\'h!(',l1 (.hrc;"~l~!I-;) urc clt.:~',l:,..cl ~~T dPt)UlUL:d i~;' l\'~/\..i()l,.~j'J')' \;'(_)'I'E ()}" -l-}-~L ~-l()\r~:,~()\~,'~'<i'~l'-~S .\nicle V .1-~ ~-~ :T! C ITLJ[: :~LrC'~~,t c:.J~~:"..::~' lh~' i-~~~1.<h..TcJ U::.2;"'~:11 lS S:-l"\!~.:(I"" 1< c;()~ -y\- \ _~(I \-l_~~-:,!'':.l'()l.~ ~_)j,: \-T~ _ <V~LS. ~:L J":Cgistcfcd Agcnt Signature: SHARON K, GONW'A Agenda Item No, 108 March 27,2007 N060000124S:fage 13 of 15 FILED December 07, 2006 Sec. Of State Ipoole ] ccrtif\ that I am familiar with and accept the responsibilities of' regIstered agent. Article VI "Ole name and address of the incorporator is: S!-IA[..:ON K. GONWA 30 J\.fENTOR DRIVE NAPLI';S, FL 34] 1 (J Incorporator Signature: SflARO~~ Ie 00\'\\'/\ Article VII The effective date for this cOll)Oration shall be: 12/()6/2006 WILLOW WEST WILLOUGHBY ACRES DRAINAGE PROJECT LOCATION MAP . I !I ~ ~ _ nnn _ -~ccc~~-~~~r~-----~~-ji--------_O< '"-nn --- ____ I ' : ~ I .", ! , I ~ I ~ I I I I I I LU I --------------___1_ - ----- - - ------- - --- -l--- - ---I.U-- - - - -;s- --- : I ~ ~ I ~ Q I Q ~ I _ ~ : <3 ..J I ~ LU , LU' ~ , ~ I ..J \\ u IMMOKALEE ~OAD ~ !i Ii 8\ ~ !I 1\ 0: 0 I ~II ~: :0 " 1 ITI: =ti :\ 1'\ """'II II c:: II \111 ilt i \ l== '1\ --------------\II-~+_---------Il- _~ ______ ______ __. -- \ - - --__ - - ___ __ \""~ II :0 1\ IltJ I 0 . 1\ " ~ II Iii, I tJ i I \1 I i\1 ! \ Ii i I II I III . 11 \ I,ll" il, VANDERBILT I\BEACH RD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT No. 510072 PROJECT LOCATION r- - S <: c). C/) d <: :0 tJ <: MENTOR DR JOHNNEYCAKE DR PIPER BL VD 485 PROPOSED BY COLLIER COUNTY BOARD OF COU1\TY COMMISSIONERS TRANSPORTATION SERVICES DIVJSION STORMWATER MANAGEMENT DEPARTMENT : IORS[SHOE snl~ ARE, SUITE Nu :: i~. :26F;S SOUTH HORSFSHCJE DRiVE NAPLES, FLORIDA 3-11 04 (~3l/) 732.~50] ! PROJECT MANAGER: GERALD N. KURTZ DATE: AUGUST.2004 Agenda Item NO.1 08 March 27. 2007 -t' n__ t-... ....... CJ1 I I I I I I I I I I I \ ! I I 1 I I I I I. I ----r--- I . o I ~II ~ 05 Miles WILLOW WEST STORMW A TER IMPROVEMENT PRom@~ltem No. 108 PROJECT No. 510076 M~~~he ~75 ;~~~ PROJECT MAP LEGEND Willow West Subdivision ~ - Phase 1 Phase 2 (Private) Agenda Item No. 10C March 27, 2007 Page 1 of 20 .~'~ EXECUTIVE SUMMARY To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55 OBJECTIYE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. Each advisory board scheduled for review in 2007 previously provided the County Manager with a written report that answers specific questions prescribed in the ordinance. Additionally the ordinance calls for each advisory board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. .-- In 2007. eleven (11) advisory boards are scheduled for review, of which the first six (6) will be presented at the March 13, 2007 Board meeting, with the remaining five (5) to be presented at the March 27, 2007 Board meeting. The five (5) advisory committees scheduled for review on March 27th are listed below in the order of presentation: . Immokalee Enterprise Zone Development Agency . Immokalee Local Redevelopment Advisory Board . Library Advisory Board . Pelican Bay Services Division Board . Tourist Development Council FISCAL IMPACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. GROWTH MANAGEMENT IMP ACT: There is no direct Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral presentations of the boards and committees scheduled for review in 2007, and if applicable, direct any revisions necessary to have the committees function as efficiently and effectively as possible. ATTACHMENTS: Five (5) Advisory Board/Committee 4-year review written reports PREPARE>> BY: Mike Sheffield, Assistant to the County Manager - iI Agenda Item No. 10C March 27, 2007 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10C Meeting Date: This Item to be heard at 11 :00 a,m To review the written and orai reports of the AdvIsory Boards and Committees sCheduled tor review In 2007 In accordance wIth Ordinance No 2001.55. '.Mike Sheffield. Assistant to the County Manager) 3127/2007 9 0000 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3120/20076;18 PM Agenda Item No. 10C March 27. 2007 Page 3 of 20 ADVISORY COMMITTEEIBOARD FOUR. YEAR REVIEW BY mE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 A. ADVISORY COMMITTEE: Immokalee Enterprise Zone Development A en lB. I C. I D. IE. IF. I G: I H. CHAIRMAN: I Fred N. Thomas, Jr. STAFF LIAISON: ] Thomas Greenwood STAFF AGENCY: I Comprehensive Planning Department AUTHORITY: I BCC Ordinance No. 95-22 I. SUMMARY: I BCC Ordinance No. 95-22, adopted on March 27, 1995, provided for the establishment of the Immokalee Enterprise Zone Development Agency (EZDA), appointments and composition of members, terms of office, removal from office, providing for officers, quorum, rules of procedure, functions, powers and duties, and adoption of the Immokalee Enterprise Zone Strategic Plan. The members of the EZDA also serve as members of the Immokalee Redevelopment Advisory Board. The EZDA operates under the direct supervision of the Board of County Commissioners. 1. Purpose of Board. a. Assist in the development and implementation of the Strategic Plan. b. To oversee and monitor the implementation of the goals of the Strategic Plan. The EZDA shall make quarterly reports to the Board of County Commissioners (BCC) evaluating the progress in implementing the Strategic Plan. c. To identify and recommend to the BCC ways to remove regulatory barriers. d. To identify the financial needs of, and the local resources or assistance available to, eligible businesses in the zone. e. To promote through marketing and the advertising the development of the Enterprise Zone. The Agency may not transact business or exercise powers under Section 290.056(9), Florida Statutes." 1 Agenda Item No. 10C March 27, 2007 Page 4 of 20 2. AppoiDtments and Membenbip. Appointments to the EZDA are made by the BCC for staggered 4-year terms in accordance with Ordinance No. 95-22 which created the EZDA. Ordinance 95-22 governs the appointments of members to the EZDA which shall have not fewer than 8 members or more than 13 members with the following minimum representations on the EZDA: . the Immokalee Chamber of Commerce . a financial or insurance entity · a business operating in the nominated Enterprise Zone · a nonprofit community-based organization operating within the nominated Enterprise Zone . a local private industry council · a local code enforcement agency, and · a local law enforcement agency 3. Current Memben Current members are: Fred N. Thomas, Jr., Chair; Bob Soter, Vice-Chair; Bernardo Barnhart, Denise Blanton. Floyd Crews, Eva Deyo, Richard Heers, Ira Malamut, Captain Tom Davis, Christina Perez, Ana Salazar, Richard Rice, Julio Estremera, and Robert Halman, Ex-Officio member. The Comprehensive Planning Department staffassigned is the liaison between this Advisory Board and the CRA and is the keeper of records. 4. Regular MeetiDgs. Regular meetings are held the third Wednesday of each month at 8:30am in the Career and Service Center, 750 South 5th Street, in Immokalee. All meetings are in accordance with the Open Meetings laws of Florida and run in accordance with Roberts Rules of Order. 1. Whether the CommitteelBoard is senring the purpose for which it was created. The EZDAlImmokalee Redevelopment Advisory Board is currently coordinating an intensive community participation process designed to provide an up-to-date community vision with goals, policies, objectives, etc. to be incorporated into the Immokalee Area Master Plan update. This process will be followed by an update to the Local Development Code, as it relates to Immokalee, as well as an update to the Redevelopment Plan for the Immokalee Redevelopment Area. The Redevelopment Plan Update will logically result in the update to the EZDA Strategic Plan and the development of an Annual Work Program to implement the Strategic Plan. The completion of this process in 2007 and 2008 will greatly assist the EZDA and the BCC in better leveraging limited human and fiscal assets in carrying out the development and redevelopment objectives of Immokalee. See #3 list of ma' or accom lishments for the recedin 12-month . od) 2 Agenda Item NO.1 OC March 27, 2007 Page 5 of 20 2. Whether tbe Board is ad uate servin current communi needs. The EZDA feels that the goals, policies and objectives of the Immokalee Area Master Plan, Redevelopment Plan, EZDA Strategic Plan and the annual Work Plan will be very difficult to implement without adequate staff to carry out the day to day activities and directives of the EZDA to make lans become reali . 3. List tbe Board's major accomplishments for the preceding 12-month period. The EZDA's recent and current major activities to improve the Immokalee Economy include: 1. Updating the Immokalee Area Master Plan through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. This process began in October, 2005, and completion of this element is expected in 2007 and will lead to the update of the EZDA Strategic Plan. 2. Updating of the Local Development Code through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this element is expected in 2008. 3. Completed the Efforts to Redesignate Immokalee Rural Enterprise Zone #1101 to December 31. 2015 4. Reviewed. with the EDC of Collier County and other State Agencies. all Incentives. ProgramS and Grants available to Immokalee to Carry out the EZDA Strategic Plan 5. Completion of New Immokalee Fact Sheets Regarding Enterprise Zone Incentives and Other Incentives Available and Placement of Same on the Comprehensive Planning Department Web Site and placement with the EDC Collier County and the Immokalee Area Chamber of Commerce. 6. Completed Inventory of Available Commercial and Industrial Buildings in Immokalee 7. Action reouesting the establishment of a EZDAlCRA Advisory Board Office in Immokalee 4. Whether there is any other Board or agency, either public or private, which is sen'ing or would better sen'e the purpose for which the Board was created. No, there are no other existing Boards or agencies which would better serve the purpose for which this Agency was created. Additionally, the Immokalee Redevelopment Advisory Board and the EZDA, although each group has the same members, have different but complementary purposes. The monthly meetings of each group occur on the same dates, but have arate a endas related to their res ctive ses. 3 Agenda Item No. 10C March 27, 2007 Page 6 of 20 s. Whether the onliDance creatiDg the Board sbould be amended to allow tbe Board to more adequately sene tbe purpose for wbich it was created. I There is no need to amend the ordinance which created the EZDA. 7. Tbe cost, botb direct and indirect, of maintainiDe: tbe Board. The estimated cost to maintain the Agency on an annual basis is approximately $85,000 (FY 2005-2006). As stated in #2 above, it is believed that the many and demanding needs of the EZDA development and redevelopment programs cannot be adequately addressed with actions and implementation without having a full-time staff stationed in Immokalee. J: ADDmONAL BOARD/COMMITfEE COMMENTS: The EZDA wishes to thank the Board of County Commissioners for its continued understanding of the special development and redevelopment needs of the Immokalee Communi and su It in addressin those needs well into the 21 st cen K: STAFF COMMENTS: Staff concurs with the assessment provided within the report. Staff observations at the monthly meetings indicates that the EZDA has regained a focus on the mission and goals of the Board, as detailed on page three of this report and through direct efforts to disseminate information regarding incentives available to the community as a whole. 4 Aoenda Item NO.1 OC ~ rv'larch 27. 2007 Page 7 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 I A. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: I Immokalee Redevelopment Advisory Board CHAIRMAN: I Fred N. Thomas, Jr. STAFF LIAISON: I Thomas Greenwood STAFF AGENCY: I Comprehensive Planning Department AUTHORITY: I CRA Resolution No. 2001-98 I. SUMMARY: I Community Redevelopment Authority Resolution No. 2001-98, adopted on March 27, 2001, provided for the creation. membership, terms, purpose duties, organization and rules of procedure for this advisory board. Resolution No. 2001-98 also provides that the members of the Immokalee Enterprise Zone Development Agency, as created pursuant to Collier County Ordinance No. 95-22, shall also become the Immokalee Redevelopment Advisory Board. The Immokalee Redevelopment Advisory Board operates under the direct supervision of the CRA Board. 1. Purpose of Board. a. review the Immokalee Redevelopment Plan and, when necessary, recommend to the CRA any changes to the plan; b. make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the redevelopment act in Immokalee; c. receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and d. review and comment on any redevelopment projects proposed in the Immokalee Redevelopment Area 1 Agenda Item NO.1 OC March 27, 2007 Page 8 of 20 2. Appointments and Membenhip. Appointments to the Immokalee Redevelopment Advisory Board are made by the CRA for staggered 4-year terms in accordance with Ordinance No. 95-22 which created the Enterprise Zone Development Agency (EZDA). Ordinance 95-22 governs the appointments of members to the Immokalee Redevelopment Advisory Board and also provides that EZDA members and Immokalee Redevelopment Advisory Board members are one and the same There are 13 members on the Board with members representing the following as a minimum: . the Immokalee Chamber of Commerce . a financial or insurance entity . a business operating in the nominated Enterprise Zone . a nonprofit community-based organization operating within the nominated Enterprise Zone . a local private industry council . a local code enforcement agency, and . a local law enforcement agency 3. Current Memben Current members are: Fred N. Thomas, Jr. , Chair; Bob Soter, Vice-Chair; Bernardo Barnhart, Denise Blanton, Floyd Crews, Eva Deyo, Richard Heers, Ira Malamut, Captain Tom Davis, Christina Perez, Ana Salazar, Richard Rice, Julio Estremera, and Robert Halman, Ex-Officio member. The Comprehensive Planning Department staff assigned is the liaison between this Advisory Board and the CRA and is the keeper of records. 4. Regular MeetiDgs. Regular meetings are held the third Wednesday of each month at 8:30am in the Career and Service Center, 750 South 5th Street, in Immokalee. All meetings are in accordance with the Open Meetings laws of Florida and run in accordance with Roberts Rules of Order. 1. Whetber the CommitteeIBoard is senriDg the purpose for wbicb it was created. The Immokalee Redevelopment Advisory Board is currently coordinating an intensive community participation process designed to provide an up-to-date community vision with goals, policies, objectives, etc. to be incorporated into the Immokalee Area Master Plan update. This process will be followed by an update to the Local Development Code, as it relates to Immokalee, as well as an update to the Redevelopment Plan for the Immokalee Redevelopment Area. The completion of this process in 2007 and 2008 will greatly assist this Advisory Board and the CRA in better leveraging limited human and fiscal assets in carrying out the development and redevelopment objectives oflmmokalee. (See #3 list ofma'or accom lishments for the recedin 12-month riod) 2 Agenda Item NO.1 OC r'v1arch 27, 2007 Page 9 of 20 2. Whetber tbe Board is ad uate servin current communi needs. The Advisory Board feels that the goals, policies and objectives of the Immokalee Area Master Plan and Redevelopment Plan will be very difficult to implement without adequate staff to carry out the day to day activities and directives of the Advisory Board to make lans become rea1i . 3. List tbe Board's major accomplishments for tbe preceding 12-month period. The Immokalee Redevelopment Advisory Board's current major activities to improve the Immokalee Redevelopment Area include: 1. Updating the Immokalee Area Master Plan through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. This process began in October, 2005, and completion of this element is expected in 2007. 2. Updating of the Local Development Code through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this element is expected in 2008. 3. Reviewing and commenting upon redevelopment projects proposed in the Immokalee Redevelopment Area. 4. Initiated Efforts to Refurbish the State Farmers' Market by working with the State Department of Agriculture and Consumer Services with completion of work expected in 2007 or 2008. 5. Completion of the 3-Year Impact Fee Deferral Program on November 18, 2006, with funding through the Immokalee Redevelopment Fund which assisted more than 130 homeowners. 6. Recommendation to Fund the Construction of lOth Street using a variety of funding sources, including some Redevelopment Area funds. 7. Support the FSU Medical Center Project on which the Board was advised in September, 2006, could become reality in 2007. 4. Whether there is any other Board or agency, either public or private, which is sening or would better sene the purpose for which the Board was created. No, there are no other existing Boards or agencies which would better serve the purpose for which this board was created. Additionally, the Immokalee Redevelopment Advisory Board and the Enterprise Zone Development Agency, although each group has the same members, have different but complementary purposes. The monthly meetings of each group occur on the same dates, but have separate agendas related to their respective ses. 3 Agenda Item No. 10C March 27,2007 Page 10 of 20 5. Whether tbe ordinance creatiDg tbe Board sbould be amended to aBow tbe Board to more adequately sene tbe purpose for whicb it was created. There is no need to amend the ordinance which created the Immokalee Redevelopment Adviso Board. 6. Whetber tbe Board's membenbi r uirements sbould be modified. There is no need to modi the Board's membershi uirements. 7. The cost, both direct and indirect, of maintainine: tbe Board. The estimated cost to maintain the Board on an annual basis is approximately $85,000 (FY 2005-2006). As stated in #2 above, it is believed that the many and demanding needs of the Immokalee development and redevelopment programs cannot be adequately addressed with actions and implementation without having a full-time staff stationed in Immokalee. J: ADDmONAL BOARD/COMMI1TEE COMMENTS: The Board wishes to thank the Board of County Commissioners/Community Redevelopment Authority Commissioners for its continued understanding of the special development and redevelopment needs of the Immokalee Community and support in addressin those needs well into the 21 st cen K: STAFF COMMENTS: Staff concurs with the assessment provided for within the Immokalee Redevelopment Advisory Board report. The Immokalee Redevelopment Advisory Board has taken a deliberate approach to update the goals and policies of the redevelopment plan with the ongoing update of the lmmokalee Area Master Plan. The integration of these plans to work in concert should result in benefits to the Immokalee area as a whole. 4 Agenda Item NO.1 OC March 27, 2007 Page 11 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 I I I I I I I I I I A. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: Library Advisory Board CHAIRMAN: I Doris Lewis STAFF LIAISON: I Marilyn Matthes, Library Director STAFF AGENCY: I Library AUTHORITY: I Ordinance No. 93-86 I. SUMMARY: The Library Advisory Board was originally established in 1957. Ordinance 93-86 amends previous direction given to the Board by the Board Of County Commissioners. It directs the LAB to act on behalf of the BCC to establish Library policies including materials acquisition, circulation, collection development and eligibility of individuals for library services. All proposed policies are reviewed and approved by the County Attorney's Office for legal sufficiency. The LAB advises the BCC on proposed fees, budgets, capital planning, staffing levels and other library related programs. The LAB studies, evaluates and makes recommendations to the BCC of programs that will benefit the Library system. The Board meets at 2 p.m., on the 4111 Wednesday of each month. The Library Advisory Board is comprised of 5 members appointed by the Board of County Commissioners. These appointments reflect the 5 voting districts found in Collier County. The present members are: District 1 - Loretta Murray District 2 - Andrew H. Reiss, Secretary District 3 - Constance L. Bettinger-Hennink District 4 - Doris J. Lewis, Chair District 5 - Karen J. Louwsma Page I of 4 Agenda Item NO.1 OC March 27, 2007 Page 12 of 20 I. Whetber tbe CommitteeJBoard is senmg tbe purpose for whicb it was created. Yes. The Library Advisory Board. functions smoothly and completely fulfills its purpose as defined by the Board of County Commissioners. 2. Whetber tbe Board is ad uate servin current communi needs. The Library Advisory Board meets monthly in meetings that are advertised and open to the public. Additionally, mailing addresses of Board Members are published and thus made available to the public. Concerned citizens have both attended Board Meetings and have made written requests and suggestions to the Board. Correspondence is discussed in open meetings and a timely response is provided. LAB members also visit the branch libraries within their districts, thus insuring a constant contact with the needs of the public. These actions, the members of the LAB constantly monitor and provide for the current community needs. 3. List tbe Board's major accomptishments for the preceding 12-montb riod. Library Board Members have actively participated in planning for the construction of the Golden Gate and South Regional Libraries. Members of the two districts involved in construction projects have assisted in the design phase of both projects. LAB members revised the library's fines and fees structure and obtained BCC approval of Resolution 2006-101. The LAB also approved several policy changes necessitated by the Library's purchase ofan automated circulation system. The Board recommended to the Board of County Commissioners that the East Naples Library be kept open for at least one year after the South Regional Library opens. This will provide time to evaluate usage of the East Naples Branch after the nearby larger library opens and whether both libraries are needed to serve the population in that area of the County. The Board approved the Library's Long Range Plan, which is used to apply for State Aid to Libraries. Board Members select the Library Employee of the Month. Board Members continue to actively lobby at the State level for increased State funds available to CCPL through the 'State Aid to Public Libraries' and 'Public Library Construction' programs. As a result the Library received its second Construction Grant award in two years. Members also successfully lobbied against a bill that would put a difficult burden on ublic libraries and would eliminate local communi discretion in Page 2 of 4 Agenda Item No.1 OC March 27, 2007 Page 13 of 20 providing Internet Services to our own users. Board Members also receive reports on and advise the Library's Literacy Program as part of its monthly meeting. 4. Whether there is any other Board or agency, either public or private, which is sening or would better sene tbe purpose for which the Board was created. The Library Advisory board is a group of citizens appointed by the BCC. It fulfills a special and unique function in Collier County. No other group of similar responsibilities exists. 5. Whether the ordinance creatiDg the Board should be amended to allow the Board to more adequately sene the purpose for which it was created. No amendment of the current ordinance is needed at this time. 6. Whether the Board's membenhi uirements should be modified. No. The membership requirements reflect the composition of the Board of County Commissioners and are entirely appropriate for this advisory board. 7. The cost, both direct and indirect, of maintainin~ the Board. There is little direct cost in maintaining the Board. Staff time and clerical supplies are minimal indirect costs of supporting this Board and are easily absorbed in the normal course of duties of library staff. J: ADDmONAL BOARD/COMMITTEE COMMENTS: It is a pleasure for Board Members to participate in such a vital and welcome County service. We serve because we appreciate books and reading, and want to contribute to making a great service even better. Page 3 of 4 ,j Agenda Item NO.1 OC March 27, 2007 Page 14 of 20 K: STAFF COMMENTS: Library Staff appreciates the interest and enthusiasm all Library Advisory Board Members show in representing the community's library needs. They provide a healthy perspective from the user's point of view that is sometimes missing from an administrative perspective. The Board Members have also established good working relationships with the Staff Members of the Library Branches within their own districts. This interest is much appreciated by all library staff members and contributes to the continuous improvement of library services. Page 4 of 4 Agenda Item NO.1 OC March 27. 2007 Page 15 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 A. ADVISORY COMMIITEE: Pelican Bay Services Division Board B. CHAIRMAN: M. James Burke C. STAFF LIAISON: Barbara Smith D. STAFF AGENCY: Pelican Bay Services Division E. AUmORITY: Ordinance No.2006-05 F. SUBMITTAL DATE: January 16,2007 G: FY 07 REVIEW DATE: March 27,2007 (note, enter date ofBCC meeting for review) H. LAST Bee REVIEW DATE: March 16,2003 I. SUMMARY: Collier County Ordinance 90-111 created the Pelican Bay Advisory Committee for the purpose of overseeing, on a local level, the street lighting, water management extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalks, street and median areas, identification markers, the maintenance of conservation or preserve areas, including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. The ordinance was amended in 2000, 2001 and was repealed and replaced by Ordinance 2006-05 on January 24, 2006. The Committee is composed of 11 members. The members are appointed by resolution of the Board of County Commissioners for a four-year term and must be permanent residents and electors of Collier County. Committee members are required to be representatives of the residential and commercial interests and landowners in Pelican Bay. The Board reviews and approves programs and the budget for the Pelican Bay Services Division. The Board may analyze and review existing structure, management, functions, business practices, and procedures of the Pelican Bay Services Division and make recommendations for increased efficiency and cost-effectiveness. The Board may also assist in the implementation of those recommendations. Regular Pelican Bay Services Division Board meetings are usually held on the first Wednesday of the month at 3:00 P.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108. The current membership is composed of Chairman, M. James Burke, Coleman Connell, Vice Chair; John Domenie, Vice Chair; Donald Spanier, Vice Chair; Annette Alvarez; John Boland; David Bramson; John laizzo; David Nordhoff; Edward Staros and one vacancy, with the resignation of Mr. Christopher Sutphin. which is currently in the Page! of3 .. Agenda Item No. 10C March 27, 2007 Page 16 of 20 process of being filled. 1. Whether the CommitteelBoard is serving the purpose for which it was created. The Pelican Bay Services Division provides a variety of valuable services to the Pelican Bay Community. The Division's history goes back to 1974 when the Clam Bay Improvement District (independent) was first established to provide an administrative framework to allow for the orderly development of the area. In 1978 the District was reestablished as the Pelican Bay Improvement District (independent), which existed in that form and name until 1990 when it was assumed by Collier County and renamed the Pelican Bay Services Division. The Division encompasses the community of Pelican Bay for a total of 2,104 acres and serves approximately 14,000 permanent and seasonal residents. With community input, the Division provides a variety of local operating services including community appearance, beach cleaning, aquatic system maintenance, street sweeping, street lighting, street sign maintenance and Clam Bay restoration. In addition, the Division also provides capital programs including community wide landscape & irrigation system renovations, U.S. 41 berm improvements, Clam Bay restoration, and landscaping. Over the past sixteen (16) years, the community through the Division has invested significant resources in all of these projects, and we believe that the Pelican Bay residents have benefited significantly from all of these capital projects, along with the operating programs currently in effect. To finance its Operating and Capital Programs, the Division levies a combination of non-ad valorem special assessments and ad valorem taxes on the Pelican Bay residents to fund these services with the Total Budget for Fiscal Year 2007 equaling approximately $4,000,000.00. 2. Whether the Board is adequately serving current community needs. The Board currently meets on-site monthly to discuss the needs of the Community with residents and interested parties, and as the Commission is aware, there are over 6,600 pages of minutes of meetings, that identify all of the issues within the Community. 3. List the Board's major accomplishments for the preceding 12-montb period. Each year the Division mails to the Pelican Bay Community an annual Newsletter, the Pelican Bay Advisor, which focuses on the accomplishments for the past year and our goals for the upcoming year, and I have included a copy of the newsletters for the previous four years with this report. An update on the happenings of the monthly meetings are reported in the Pelican Bay Post, a community newsletter, each month, along with Minutes of the various meetings being posted to our website. In addition, the PBSD Board has made an extensive effort to build productive working relationships with the Board of County Commissioners and specifically its' District 2 Commissioner, Collier County Sheriff, as well as County staff, closely related Collier County Advisory Committees and neighboring communities. This is an ongoing effort Page2of3 Aaenda Item NO.1 OC ~ March 27.2007 Page 17 of 20 that we feel is well placed and has, to date, produced measurable results. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Board fully supports the services that are currently provided by the Pelican Bay Services Division, and that the Division provides the community with a uniform, focused. fair and efficient delivery of basic community services, and that the Board is the best mechanism to insure that the delivery of these services are consistent with the needs and desires of the Pelican Bay community. 5. Whether the ordinance creating the Board sbould be amended to allow the Board to more adequately serve the purpose for which it was created. The Ordinance creating the Board has recently been amended to better serve the needs of the Community by clarifying and delineating Board responsibility. 6. Whether the Board's membership requirements should be modified. The Board's membership requirements are adequate at this time. 7. The cost, both direct and indirect, of maintaining the Board. The efficiencies of local service delivery and accountability to residents keep the Division and indirect costs associated with the board relatively low, and absorbed in the normal course of duties by the staff. J: ADDmONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: We concur with the foregoing statements and opine that local service delivery, tailored to the local need and accountable to the Pelican Bay residents delivers an optimum response to the unique needs of the community. John Petty, Division Administrator Page 3 of3 Agenda Item No. 10C March 27, 2007 Page 18 of 20 ADVISORY COMMITTEEIBOARD FOUR- YEAR REVIEW BY TIlE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 IA. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: I Tourist Development Council CHAIRMAN: I Commissioner Jim Coletta STAFF LIAISON: I Jack Wert STAFF AGENCY: I Tourism Department AUTHORITY: I Ordinance No. 92-60 I. SUMMARY: I Collier County Ordinance 92-18 established the Collier County Tourist Development Council (mC) to oversee, adopt and recommend a plan for the uses of the tourist development tax. The Council is made up of a County Commissioner, two elected municipal officials of which one is from the most populous city, three owners or operators of establishments that collect the tourist development tax and three people involved in the tourism industry, but do not collect the tourist development tax. The me reviews tourism initiatives; beach and inlet management projects and recommends marketing plans and budgets. Tourist Development Council (TDC) meetings are usually held on the fourth Monday of the month at 9 A.M. in the County Commission Chambers on the third floor of the W. Harmon Turner Administration Building. The current membership is composed of Commissioner Jim Coletta, Chairman; Councilman Glenn Tucker, Vice Chairman; Councilman John Sorey; Susan Becker; Rick Medwedeff; Clark Hill; Murray Hendel; Ed Olesky; Robert Miller Page I of3 Agenda Item NO.1 OC March 27. 2007 Page 19 of 20 1. Whether the CommitteelBoardlCouncil is serving the purpose for which it was created. The Tourist Development Council is serving the purpose for which it was created. The recommendations from the TDC move to the County Commission for approval. This arrangement works well to keep fmancial matters flowing efficiently through the Clerk's Finance Department. Promotion of the spring, summer and fall maintains year-round employment opportunities to the over 28,000 people employed in the tourism industry within Collier County. 2. Whether tbe Council is ad uate senriD current communi needs. The Tourist Development Council serves the needs of the community by assisting in attracting visitors to the area to stay in paid accommodations and spend money in area businesses. These visitors contribute tax revenue to the County in the form of sales and gasoline taxes and save County households over $457 each year in taxes. 3. List the Council's major accomplishments for the preceding 12-month period. Tourist development tax collections up 1 % over previous year. Direct visitor expenditures up 5% over previous year. Tourism industry jobs and wages up 8% over previous year. Visitation from Orlando, Tampa and Chicago up an average of2001c. from the previous year due primarily to increased media expenditures in those markets. 4. Whetber there is any otber Board or agency, either public or private, which is sening or would better sene tbe purpose for whicb tbe Board was created. There is no other board or agency that could better serve the purpose and functions of the Tourist Development Council. 5. Whetber the ordinance creatiDg the Board sbould be amended to allow the Board to more adequately serve tbe purpose for wbicb it was created. The ordinance is adequate and does not need to be amended at this time. 6. Whether the Board's membenbi uirements should be modified. The TDC membership requirements are mandated by Florida Statute 125.0104 and do not need to be modified. Page: 2 00 Agenda Item NO.1 OC March 27, 2007 Page 20 of 20 7. Tbe cost, both direct and indi of maintainin tbe Board. Direct and indirect administrative costs to maintain the Tourist Development Council and Convention & Visitors Bureau functions and activities are $1,500,000 or 11 % of the total annual tourist tax revenue. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: The Tourist Development Council (TDC) is operating efficiently and no changes are anticipated. K: STAFF COMMENTS: Tourism Director, Jack Wert, is in concurrence with this report. The TDC is a very hard working, dedicated group of volunteers that put in countless hours in the support of our tourism efforts in Collier County. Page 3 oD .- - Agenda Item No. 100 March 27, 2007 Page 1 of 20 EXECUTIVE SUMMARY To be heard immediately following Item 14B. Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. (David L. Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to 14B) OBJECTIVE: Recommendation for the Collier County Board of County Commissioners (BCe) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - known as "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCe) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by the CRA agency. On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non- revolving Line of Credit with Wachovia Bank as a result of a CRA advertised Invitation To Bid (ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA' s Line of Credit with Wachovia Bank. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Gateway Triangle sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project - Exhibit A. CRA acquisition of targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. Agenda Item NO.1 OD March 27, 2007 Page 2 of 20 After months of discussions and negotiations with the property owners in the mini-triangle area, the Local CRA Advisory Board recommends that the CRA Board purchase 1.66 acres of commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real estate purchase contract for $3.5 million for this parcel is attached for the CRA Board to review and approve for the Chairman to sign. The contract has a due diligence expiration date of July 10,2007 and a closing date of July 30,2007. The Bayshore Gateway Triangle CRA Trust Fund does not have the cash reserves to purchase the land; however, the CRA does have the financial strength in its TIF growth projections to incur another line of credit up to $12 million - Exhibit B "PFM's Memorandum: Funding Options and Debt Capacity of the CRA". Based upon discussions with the County's Finance Committee, independent financial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via invitation to bid. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax-exempt debt issuance. Therefore, conventional tax-exempt municipal debt or commercial paper cannot be used. Securing a taxable loan provides the best approach for a timely and cost effective financing. Since CRA tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies will be necessary no less than fifteen (15) days before closing the transaction. Due to the high cost to acquire large sums of financing, an additional loan amount over the purchase price of this parcel is requested as a set-aside for the future acquisition of other parcels within the mini-triangle and surrounding the identified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurred administrative costs. The Collier County Finance Committee reviewed Exhibit B and the request to advertise for second bank line of credit. By motion, the Committee recommended that with approval of the CRA Board and BCC, the CRA should proceed with an Invitation To Bid for $9 million. The county's financial advisor and bond counsel indicate that the invitation to bid process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest money deposit for the 1.66 acre parcel. CRA tax increment revenues are sufficient to cover projected debt service payments on the $9M financing and all other CRA debt requirements. Budget amendments will be necessary to set up the required debt service reserve and acknowledge draws on the line of credit. This financing will require the pledge of CRA tax increment revenues as the debt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. Aaenda Item NO.1 00 ~ March 27, 2007 Page 3 of 20 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. LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Board of County Commissioners (BCe) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. Prepared by David L. Jackson on February 11, 2007 Executive Director, Bayshore Gateway Triangle CRA Item Number: Item Summary: Meeting Date: Agenda Item No. 100 March 27, 2007 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D To be heard immediately following Item 148 Recommendation for the Collier County Board of County CommiSSioners (Bee) to author'ize ttl€ Community Redevelopment Agency (eRA) to coordinate win! all appropnate entitles to secure and structure a loan In an amount not to exceed $9,000.000 from a comrnerclallender selected via Invitation To Bid (Bank ITB) to purchase certalr real property within the Bayshore Gateway Tnangle Community Redevelopment Agency authOrize the eRA to execule a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge eRA funds as the loan repayment source: and authorize all necessary budget amendments (David L Jackson Executive Director, Bayshore/Gateway eRA) (Companion Item to 148) 3/27/20079.00:00 AM Date Prepared By David Jackson Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/14120076:30:42 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/151200711 :24 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 311512007 2: 34 PM Approved By County Attorney County Attorney Offfce Steve Carnell Administrative Services Purchasing/General Svcs Director Date PurchaSing 3115/20074:12 PM DZlte Approved By oP,'S Coordinator County Manager's Office Administrative AssIstant Office of M anopelllcnt t. Budget 31'16/2007 7:54 AM Date Approved By Mark IsaCKson County Manager's Office Budget );nalyst Office of Management & BIJdget .2/19/20075:56 PM Date Appro\'ed By Michael Smykowski County Manager's Office Management &. Budget Dlrector Office of Management &. Budget 3/20/20075:29 PM Dzte Approved By James V, Mudd Board of County C(Jmrnl$:>iOlH~rs County Manager County tI/ianager's Office 3120:2007 6: 12 PM Agenda Item NO.1 00 March 27, 2007 Page 5 of 20 ASSIGNMENT OF CONTRACT This Assignment of Contract is made and entered into thIS 6th day of February. 2007, by and between LEO J. SALVATORI, TRUSTEE, hereinafter referred to as "Assignor"; in favor of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as "Assignee"). For and in com.jderation of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign unto Assignee all of its right, title and interest in and to that certain Commercial Contract dated January 31, 2007, by and between Leo J, Salvatori, Trustee, as Buyer; and Fifth Avenue Plaza, LLC, as Seller, a true and correct copy of which Commercial Contract is attached hereto as Exhibit "A" and incorporated herein by virtue of this reference. ASSIgnor also assigns to Assignee aU right, title and interest (if any) in the earnest money deposit made by Assignor to the Seller pursuant to the terms of the Commercial Contract (Exhibit "A") By execution hereof, Assignee does hereby agree to be bound by the terms and provisions of said Commercial Contract. IN WITNESS WHEREOF, the undersigned has set its hand and/sea!\he date and year fIrst / / written above. ,/ .../---.... . > , :' f, IU , -,.,' ..' / ASSIG'NOR: J / ,,/>1 I / 1/ , ~/., " ' '-t:e'6 J. Salvatori, Trustee Witness No. 1 Signature ASSIGNEE: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Wttness No.2 Signature By: , as Prolaw:677"S Commercial Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item NO.1 OD March 27, 2007 Page 6 of 20 1. PURCHASE AND SALE: Leo J. Salvatori, as Trustee, or assiqns 2' agrees to buy and Fifth Avenue Plaza, LLC, a Florida limited liability company 3* agrees to sell the Property described as: Street Address: 1807 Tamiami Trail East 4' Naples, FL 34112 ("Buyer') ("Seller") 5* Legal Description: See Exhibit "An attached hereto and made a part hereof 6* 7* and the following Personal Property: 8' 9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13* 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by 15* (b) Additional deposit to be made wWlifI Salvatori & Wood, P.L. $ $ $ 3,450,000.00 1,000.00 9,000.00 2 days from Effective Date 16' (c) Total mortgages (as referenced in Paragraph 3) $ N/A -17' (d) Other: Additional deposit after expiration of Due Diligence Period $ 18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashier's check or wire transfer. 90,000.00 3,350,000.00 20* 3. THIRD PARTY FINANCING: Within days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for 21* third party financing in the amount of $ % or the purchase price to be amortized over a period of _ or 22* years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not 23* to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 21' financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within _ days from 28 Effective Date ("Financing Period"). Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 retumed to Buyer in accordance with Paragraph 9. 30' Buyer (~ (~ and Seller (---1 (~ acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved LEO J SALVATORI 4001 TAMIAMI TR N NAPLES, FL 34103 .- Phone: (239) 263 - 1484 Fax: (239) 649. ] 706 Trudy Smith Produced with ZipForm"" by RE FormsNet. LLC 18025 Fifteen Mile Road. Clinton Township, Michigan 48035 www.zipform.com Meridian-Fifth I 31' 4. TITLE: Seller has the legal capacilY 32' 0 other 33 but subject to property taxes for the year of 34. other matters to which title will be subject) None 35' 36 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as 37' commercial development Agenda Item No. 100 March 27, 2007 Page 7 of 20 to and will convey marketable title to the Property by lXI statutory warranty deed , free of liens, easements and encumbrances of record or known to Seller, closing; covenants, restrictions and public utility easements of record; and (list an} 38' (a) Evidence of Title: Seller will, at (check one) !XI SeUer's 0 Buyer's expense and within ~ days !XI from Effective Date 39' 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40' ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42. 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title 48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49' written notice and Seller cures the defects within 30 days from receipt of the notice ("Curative Period"). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57* !Xl Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58' engineering documents, if any, and the following documents relevant to this transaction: environmental assessments, 59' leases, entitlement, correspondence w/governmental aqencies , prepared for Seller or in Seller's 60 possession, which show all currently existing structures. 61" !Xl Buyer will, at 0 Seller's !Xl Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63' Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing 64' encroachments IZl such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress or Egress; Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on 68" or before the or within ~ days from Effective Date ("Closing Date"), unless othefVllise extended 69' herein. IZl Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within 170 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll, 76 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. 82' Buyer (_) (~ and Seller (---.J (~ acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced With ZIPForm™ by RE FormsNeL LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 mMfzipformcom Meridian-Fifth Allii.nda Item No. 10D 83' (c) Taxes, Assessments, Prorations: The following items will be made current and proratedlXl MarQh ~9~7Date 84' 0 as of : real estate taxes, bond and assessment payments assume~EUfll!terest, 85' rents association dues insurance premiums acceptable to Buyer, operational expenses and N/A . - '16 If th~ amount of taxe~ and assessments for the current year cannot be ascertained, rates for the previous year will be used with due J7 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 88' affecting the Property: None . . . . . 89 Buyer will be responsible for all assessments of any kind which become due and oWing on or after Effective Date, unless the 90 improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign person' as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97' 6. ESCROW: Buyer and Seller authorize Sal va tori & Wood, P . L. 98' Telephone: (239) 263-1480 Facsimile: (239) 649-0158 Address: 4001 Tamiami Trail North Suite 330 99' Naples, FL 34103 to act as "Escrow Agent" 100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101" Agent will deposit all funds received in IX! a non-interest bearing escrow account 0 an interest bearing escrow account with 102. interest accruing to with interest disbursed (check one) 0 at closing 103* 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 preyiously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is", Buyer waives all claims against Seller for any defects in the 117 Property. (Check (a) or (b)) 118* 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119. !XI (b) Due Diligence Period: Buyer will, at Buyer's expense and within 160 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present lias is" condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated. 140'Buyer <-----.> <-----.> and Seller <-----.> <-----.> acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 W\NW.zipformcom Meridian-Fifth 141 (C) Walk-through Inspection: 142 conduct a final "walk-through" 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 1 50 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154" Buyer's intended use of the Property will be permitted IXI only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be retumed in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172" (a) Listing Broker: Jordan O' Mara 173* who is IXI an agent of John R. Wood !Xl a transaction broker 0 a nonrepresentative 174" and who will be compensated by IXI Seller 0 Buyer 0 both parties pursuant to !Xl a listing agreement 0 other (specify) 175" 2.5% of Purchase Price r Buyer may, on the day prior to closing or any other time inspection of the Property to determine compliance with this Agenda Item NO.1 00 March 27,2007 Page 9 of 20 mutually agreeable to the parties, paragraph and to ensure that all 176' 177. 178* 179' 160" 181' (b) Cooperating Broker: William J. Bayes who is IXI an agent of Ameri ves t and who will be compensated by 0 Buyer IXI Seller 0 both parties pursuant to cooperating broker 0 other (specify) 2.5% of Purchase Price IXI a transaction broker 0 a nonrepresentative fXI an MLS or other offer of compensation to a ~ 82" 183" 184" 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 18B from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, FS., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192" 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable 193" IXI is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer. Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195" Buyer(~ (~ and Seller (~ (~ acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNet. LLC 1 B025 Fifteen Mile Road, Clinton Township, Michigan 46035 www.zipform com Meridian-Fifth . : i Agenda Item NO.1 OD 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an aadenql,lu:n-dA ~ ~vact): 197* 0 Arbitration 0 Seller Warranty 0 Existing Mortgage Page 10 of 20 19S* 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other '99. 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other LOO* 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 20S THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218* DEPOSIT RECEIPT: Deposit of $ 1,000.00 by I:xJ check 0 other received on 219* January 2007 , _ by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222* signed copy delivered to Buyer or Buyer's agent no later than 5: 00 0 a.m. I:xJ p.m. on January 23 ,2007, - <23 Buyer may revoke this offer and receive a refund of all deposits. 224* Date: BUYER: Tax 10 No: 225. 226* Leo J Salvatori, as Trustee Title: Telephone: (239) 593-3100 Facsimile: Address: 4001 Tamiami Trail North, Suite 330, Naples, FL 34103 227* Date: BUYER: Tax 10 No: 228* 229* Title: Address: Telephone: Facsimile: 230* ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (D subject to the 231 attached counter offer). 232* Date: SELLER: 233* Title: 234* Address: 235* Date: SELLER: 236* Title: 237. Address: Tax ID No: Telephone: Facsimile: Tax ID No: Telephone: Facsimile: 238. Buyer (----> (---> and Seller C_) C----> acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. Th~ Florida Association of REAL TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ThiS standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as aREAL TOR@. REAL TOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@ and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced With ZipForm™ by RE FormsNet. LLC 1S025 Fifteen Mile Road. Clinton. Township. Michigan 48C35 wwwzipform.com Meridian-Fifth {\;j@nj" Item No. -+GQ~ **t OR: 3911 PG:M~WG~' ~~ Exhibit "A" Beginning at the Northwest comer of Section 1', Township 50 South, Range 25 East, in the County of Collier, State of Florida; Thence run North 89.39" ()" East 378.50 feet to a point; Thence run South '-24'36" West 60 89 feet to a point in the Southerty right-of-way line of State Road No. 858; Thence run along the right-of-way line of said State Road No. 858, North 69-2T4T' Easl50 feet to a pipe marker. being the POINT OF BEGINNING; Thence continue along said right-of-way line of said State Road No. 858.235.80 feet to a point marked with an Iron pin; Thence run South 00-33'21" East 39304 feet to a point on the North line of U.S. Route No, 41; Thence run Northwesterty along the Northerly line of U', S. Route No. 41 to a pipe marker on the said Northerly right-of- way line of U. S. No. 41; thence run North 16023'4'" East a distance of 19359 feet to the point or place of beginning, Said property being bounded on the West by property described In a Deed dated August 19, 1963, from Charles Antonopoulos to Cities Service Oil Company, recorded in O. R. Book 148, at Page 471, of the Public Records of Collier County, Florida. Less and Except the lands taken by the State of Florida. Department of Transportation as described in that certain Order ofTaking recorded In OffiCIal Records Book 2364, page 1444, of the Public Records of CoRier County, Florida 0;'/31/07 '1~~09 F~ J~-31"20B7 09;56 IQJ uu" 31472'fp[~a ItEp1;l~. 100 March 27, 2007 Page 12 of 20 p,~, P. 02 -----1 POLS lNE\.L 1 J~l'II R ~DD (He. J~N~22~2D01 MQH Os~,n pn vsoc r1.:139malA& lll'l .hI' 21 2GQl n:i'J FAX nw, 239 i13 e24~ Cant",,"1 Cr.a,,~ I'LQ~AUl)ctA'T1CIM Of Fi,...'T'oRS. t- 1...~....DUA\.;I.... :J~ ...~_~~ ... ~~,,_. De ...,i.._ I. 19f81II1tI1l1lt ",II ~r.t:k ~..... ,,~.&,.,. LrlC. .a nwJ._ li.&lbod h"U..~ -- ii' .... 11II911 v.. PI...... tl5tIIIII4 It; ,._ ~I; J '0 , . ~1Iood. ~.i..\. ...... 4" "'M1D".:n. !.~.iln ? \,aoal Pakd,lior( A"& .MUa1.~ ...... .,t.'bl....... ~n't:A ad. ~ oil .I!::a1r1: tt~ ('tuyJlf') ('Wlf) ." ,.. I!I'G l~. "6..-.. PIlV..... PIllPad'f. A' I <<:Ill taI"~ tll. lit .. "" "'1'IiIIPCI'lv' 111 ~ WIN IIrill' CQI/I_ ,It fiutol ..,. TIl,.... s..c" .., Ill,. &wit.... ,. I/.l Uta If.. ell IIIhlc:1iI 'hI 1IIt .. lit. fI~l. II. .. II....IN rID It ., !he DJII'-' 'II fill tMlIrad 'nma ...... of S J1 dlrfl .r 1a.I1I IIIlII " ~!If ~ ~ SJ"ldlIj. 'SUlli.,; rt IlllltNl 11II1 ftaJld.s -11 ~ ~, JIIII\&lIf ~l'li _~ . I' s.Junj~" ~lIII4lIY ~ IlItu I8pI hIlda, .. lie e........ IiIlW Ha p N . of II- IIlllI<< '_lit At '" ~ t 5 00 I uUU 11' J. 'U~IoSiE.,1IJtI!: . ' S ~ 'I(" <". DlIp4IiI~el(,I'tIl'~'" S.J._~",d, .. ~~. :p.t., I ~.l)Qa.OIJ U' It!) Ad61illl!lll ..,~ III ... II" IlIIWa ---!-... ,... IN.:l.. _ I. "Q 00, J:ll\I ,.' leI YvGl/ "*';.. 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'- -- --.---~---,----..- --- -- ---_. -~-- =- ~; iE <:i ~~ jf i J I .. ... d', ill III [J i !ILIIf JII to. oS :"i j . i . ~-------------,\ \ . '\ ", y. -~ ~..............~ I. \. ,,' I _._d_ _ _____. ___~_J .-iiil= 13350 Metro Parkway SUIte 302 Fort Myers FL 33966 Agenda Item NO.1 00 239~~?7, 2007 ~~r~~ l1J'B of 20 - - -- -- -- '===- The PFM Group """"'!!'!- February 22, 2007 Memorandum To: David Jackson, Bayshore Gateway Triangle CRA, Collier COlmty, Florida Mike Smykowski, Collier County Administration Ste\e Miller. Nabors Giblin &. Nickerson From: Hal Canary Kelly Ryman Lauren Shelton Public Financial Management Inc. Re: FlUlding Options and Debt Capacity of Bayshore Gateway Triangle CommlUlity Redevelopment Agency Public Financial Management. Inc. ("'PFM") was requested by the Collier County, Florida ("County") Community Redevelopment Agency C'CRA") staff to anal~'ze the remaining debt capacity of the CRA Tax Increment Revenue pledge. PFM has provided several potential structuring options in order to utilize the CRA's debt capacity. In 2006. the CRA borrowed $4.533 million on a $7 million (non-revoh'jng) Line of Credit ("LOC") through Wachovia. PFM reviewed the outstanding LOC loan documents and Wachovia's additional parity debt language when structuring these future debt issuance scenarios. General Assumptions General Assumptions Issue Date May I. 2007 Term Allo\\ for 15 \ ears of Debt Seryice First Principal Date October 1. 2007 First Interest Date October 1. 2007 Based on Estimated Collection from the CRA - I Revenue Constraint "Medium" Scenano MinJJllUI11 C overn!.!.e 1. 50:-; Scenario I: Taxable Bond Issue to refinance current LOC and prO\ide additional momes for future projects. Scenario 2: Taxable Bond Issue \\Tapped around outstanding LOC. Agenda Item NO.1 00 March 27, 2007 Page 19 of 20 ......- -- - - - .- -:.::..=:....:.: ,=- -- ~ Cr_)llier County, Florida Fthru3ry 22, ~007 p"ji,'\' 2 Speci fic Assumptions Assumptions Scenario 1 Scenario 2 iUndemriter's Discount $6/Bond $6/Bond IBond Insurance 35 bDs 35 bps l,suret\ Polic\ 3.(10" ;, 3.()(1'\;, I ! FL AAAllns. Re\enue FL AAA/Ins. Re\enue Ilnterest Rate Taxable Scale (2/.2\1!O(,) + 1:- Ta"\able Scale (2/.2U/06) + 15 bos bps Fill 10 Re\enue Constral/ll at Wrap Around outstanding Structure I.50x co\erage LOC and Fill to Revenue ! Constraint al 1.50x co\erage Scenario 3A Taxable, Non-Re\ ohing LOC \\Tapped arOlU1d olllstandl/lg LOC ScenariO .3 B: T a"\able, Re\ ohing LOC \Happed around outstanding LOC. SDecific Assumptions Assumptions Scenario 3A Scenario 38 IInterest Rate I !Structure ! 7~()O" per WachO\la ABT I I Fill 10 Re\t~nue Constraint at 1.50x co\erage 77)"" per \Vacho\ta ABT + 25 b s for revoiYin LOC Fi II to Re\enue Constraint at ! 1.50x coverage Results ! Par Amount $.2lU7 million $1.2 .., 5 mill i on I ! TIC "i, (, Ill) I",. 5 ~):'\:'\"" 7 :'ill I "'" 7 7:'\ I"" > I Project Fund Monies $.235X million ); 15 (\~ mil II 01 $ 12 2 1111 Iii on I $1 IX2 million I ". available I J Total Debt Senice i $~-+.:'i I millIOn $22.7 millIOn P()l)X 1111I11On $22. X2 million i A \ erage Annual Debt $331 mi 111011 $.217 nulllOn $1 (,l{ null ion $I~X nullion Service I Maximum Annual $-+ Xh million $3.2:' million $3XI mIllIOn $:' 11 million Debt Ser\'ice : FlIlal Maturity 10: U2U20 IOIi')(J17 IOiL2U1lJ 1 (); 1/.2 02.2 - ~ Detailed analyses of each scenario are attached. .-..- -- - - =~:',.~~~ -====- -- ~=- ColEer County, Fl.~rida February 22, 200- rag<' :> Agenda Item NO.1 OD March 27,2007 Page 20 of 20 Recommendati on Based upon the assumptions and estimated median revenues provided by the CRA. each scenario ,j>ro\ ides atJ~ast511 million for i!Jt~re lan~ p~chases while meeting the 1.50x AdditIOnal Bonds Test. The structure provided in each scenario is quite aggressive and assumes ma'\':imizing the use of all projected revenues. The current revenue projections used in each scenario have ma'\':imum revenue of approximately $8.7 million in 2022. The outstanding Wachovia LOC has $4.553 million outstanding and $2.467 remaining with a final maturity of October 2011. Given the projected revenues and outstanding principal amount of the Wachovia LOe, PFM suggests refinancing the current LOC through a bond issue Lo fully utilize the CRA's revenues. The Wachovia loan requires any future variable rate loans ("LOC") to be calculated at 7.50 percent for the Additional Bonds Test. The current ta'\':able bond market (fixed rate debt) provides rates of approximately 5.3 percent to 59 percent, given the suggested structure. If the CRA opts to issue a Request for Qualifications for an additional LOC, a payment schedule for the outstanding LOC will be needed to ensure creditworthiness of the CRA and its' outstanding loans. Prior to finalizing a structure for an actual debt issuance, PFM recommends a conference call Vlith the working group to discuss future debt issuances to be made in connection with the LOC and prepayment thereof. Agenda Item NO.1 OE March 27, 2007 Page 1 of 19 ,,,,,,~- Executive Summary Recommendation to: (1) approve a Change Order to continue Phase II of Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1,181,157.00 to sustain the overall funding for this project. OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system. This is being accomplished by converting the fire protection water supply within the Strand from the Irrigation Quality (IQ) water system to the County's potable water system. CONSIDERA TION: The Pelican Bay Fire & Irrigation Water System Improvements project has been implemented in phases commencing in the year 2001. The work being performed under this work order is part of the final phase of this project for conversion of the fire protection systems in Pelican Bay to potable water. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners (Board) Agenda Item 10 (B) on June 6, 2006. -- Construction plans and specifications were completed for construction of fire and irrigation water system improvements along (I) a portion of Bay Colony Drive with condominiums and (2) the single family area designated as The Strand. As a result, requests for quotations were solicited from contractors under the Annual Contract for Underground Utility Contracting Services, Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, Agenda Item 16(E)(6). During the October 24, 2006 Board meeting and based upon the recommendation of a review of the proposals by staff and the design professional, Wilson Miller, Inc., the Board approved Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00, for construction of Phase I, as described above, as agenda item 16(C)3. The approved proposal was divided into two phases as follows: Phase I: Base Bid . This covers the installation of the main in the condominium area along Bay Colony Drive ending at the entrance to the Strand, at a cost of $933,820.00. Construction of phase I is 75% complete at this time. Phase II: Alternate Bid - · Option 1- This option required no new main installation within the Strand. It required the connection of a portion of the existing IQ main located within the Strand to the newly installed potable main that ends at the entrance to the Strand. The portion of the IQ main within the Strand was to be converted into an extension of the new Agenda Item NO.1 OE March 27, 2007 Page 2 of 19 potable main. The converted extension main would then be used for both fire suppression and irrigation purposes, and the residents of the Strand would pay the potable rates to irrigate with potable water. The installation cost was estimated to be approximately $25,000.00 to install a Backflow Prevention Device. . Option 2 - Two thousand eight hundred (2,800) lineal feet of a new eight-inch (8") potable fire main will be constructed within the Strand, and existing fire sprinkler services will be connected to the new main at a cost $848,020.00. Existing irrigation services will remain connected to the existing reuse water main, and the Strand residents will continue to pay reuse rates to irrigate. Also, during the October 24, 2006 Board meeting, Public Utility Division staff advised the Board that if the homeowners association of the Strand did not unanimously approve Option 1, staff would return to the Board for approval of the $848,020.00 change order to proceed with Option 2 and complete the main installation. The homeowners association has chosen Phase II, Option 2, and after payment of Phase I, there will be $266,863.00 remaining in the project budget funds. Future costs are also expected as a result of various other activities such as additional construction due to: recent clarifications of Fire Code Regulations; additional Pelican Bay communities (Pebble Creek) which require conversion; and a comprehensive and final GPS and GIS mapping of the underground utilities in Pelican Bay area. The forecasted costs of these activities are estimated at approximately $600,000.00 and are tabulated below. Item Activity Description Cost $ Chan!!e Order 1. Phase II, Option 2, BCCA main installation, WO# UC-250 848,020.00 Upcoming Activities 2. 3. Pebble Creek conversion construction (estimate) By Fire Code Regulation, Install 17 Backflow Prevention Devices with a Class I Fire Sprinkler Contractor (estimate) Reconcile GPS and GIS coordinates of installed facilities within County Easements (Engineering estimate) Budget required 65,000.00 450,000.00 4. 85,000.00 $1,448,020.00 5. Less current remaining budget 266,863.00 Budget Amendment required $1,181,157.00 _. The estimated costs above have been reviewed by department staff, and by the Engineering consultant, Wilson Miller. They are considered to be fair and reasonable based on conditions cUlTently known and based on cun'ent market prices. (See attached) Agenda Item No.1 OE March 27, 2007 Page 3 of 19 Paragraph 2, The Statement of Work, contained in Contract # 04-35-35, limits the amount of work orders to $750,000.00. Therefore, staff is also requesting a waiver to this provision as part of this approval. FISCAL IMPACT: The total cost associated with approval of this request is $1,181,157.00. A budget amendment is needed in the amount of $1,181,157 to move funding from completed and deferred projects to Pelican Bay Fire/IQ Improvement project 740231. The source of these funds is from Wastewater U ser Fees GROWTH MANAGEMENT IMP ACT: These improvements meet current Growth Management Plan standards to ensure the viability of public facilities RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve a budget amendment of $1,181,157.00 to add additional funds to the project budget 2. Approve Change Order 1 of Work Order # UC-250 with Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements along a portion of Bay Colony Drive described as Phase II herein 3. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of Contract # 04-3535 to enable approval of Phase II of Work Order UC-250, which exceeds the limit amount of$750,000.00 4. Authorize the County Manager or his designee to execute the Work Order after approval as to fonn and legal sufficiency by the County Attorney's Office PREPARED BY: Claude Nesbitt, Project Manager, Public Utilities Engineeling Department Item Number: Item Summary: Meeting Date: Aoenda Item ~'O, 10E " March 27. 2007 Page 4 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E Recommendation to' (1) Approve a Change Order to continue Phase II of Work Order # UC~ 250 under Contract # 04-3535, Annual Contract tor Underground Utilities Contracting Services. to Ky!e Construction, Inc In the amount of $848 020.00 for construction of fife and Irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1181.157 GO for U"s project (.llm Delany, Admin!strator, Public Utilities) 3/27/20079:00.00 AM Date Prepared By Claude Nesbitt Public Utilities Project Manager Public Utilities Engineering 3/8/2007 2:36:36 PM Date Approved By Paul Mattausch Public Utilities Water Director Water 3/912007 2:22 PM Date Approved By Pamela Libby Public Utilities Water Operations Manager Water 3/12/2007 1 :51 PM Date Approved By Dianna Perryman Administrative Services. Contract Specialist Purchasing 3/12120073:03 PM Date Approved By Roy 8, Anderson, P,E. Public Utilities Public Utilities Engineering Director Public Utilities. Engmeering 3/13/20074:32 PM Date Approved By William D_ Mullin. PE Public Utilities Principat Project Manager Public: Utilitie~~ Enginepring 3!1:.1/2007 4:43 PM Date Approved By G. George Yilm~z Public Utilities WasteWater Director WasteWater 3f13/200~ 6:10 PM D,lte Approved By Thomas \Nides Public Utilities Operi1tions Director P~lblic Utilitl~s Dnerll!ions 3114!20a7 10:28 AM Date Approved By Steve Carnell Administratlve ServIces PUrCI'\3smgIGeneral SVCf; Dlrector Purchasing 3/14/2007 1 :47 PM Date Appro\'ed By j<Jmcs W, DeLon~1 PUblic Utilities P~Jbllc Utilities Administrator Public 111ilitic~ Aaminlstration 3J~5l20[)7 2:14 PM Date Approved By or\~6 C(Jord~nator Count)' Manager's Office Adrmnistrnt!VG AssIstant Office of Man<lqement 8. 5~ldget 3/16/2007 7:42 AM Date Approved By Susan Usrler County Manager's Office Senior ~t~anagement/Budget Analyst Office of Management 8. Budget 3120/2007 10:03 AM Date Approved By Mjcha~l Smykow5ki County Manager's Office Management & Budget Director Office of Management &. Budget 3/20f20Q7 4:52 PM Date Approved By ~I<lmes V, Mudd Board of County Commissioners County Manager County Manager's Office 3/20/2007 B:59 PM Agenda Item NO.1 OE March 27,2007 Page 5 of 19 Executive SUmmary Recommendation to approve \Vork Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements in Pelican Bay, Project Number 74023. OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system. This is being accomplished by converting the fire protection water supply from the irrigation quality water system to the County's potable water system. CONSIDERATION: The Pelican Bay Fire & Irrigation Water System Improvements project has been implemented in phases commencing in the year 2001. The work being performed under this work order is part of the final phase of this project for conversion of the fire protection systems in Pelican Bay to potable water. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (B) on June 6, 2006. The preparation of construction plans and specifications has been completed for construction of fire and irrigation water system improvements along (1) a portion of Bay Colony Drive with condominiums and (2) the single family area designated as The Strand. As a result, requests for quotations were solicited from contractors under the Annual Contract for Underground Utility Contracting Services [Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, Agenda Item l6(E)(6)]. The proposals are broken down into two phases as follows: . Phase 1: Base Bid (Directional Drill)- This covers the construction 111 the condominium area along Bay Colony Drive. · Phase 2: Alternate Bid (Directional Drill) - This covers the construction in the single family area of The Strand. A summary of the proposals received for Phase 1 is as follows: Contractor Amount . K vIe Construction, Inc. $ 933,820.00 . Haskins, Inc. S1,015,400.00 . Mitchell & Stark Const. Co., Inc. $1,243,146.00 Agenda Item NO.1 DE March 27,2007 Page 6 of 19 A summary of the proposals received for Phase 2 is as follows: Contractor Amount . Kyle Construction, Inc. $ 848,020.00 . Haskins, Inc. $ 919,900.00 . Mitchell & Stark Const. Co., Inc. $1,458,277.00 Based upon a review of the proposals by staff and the design professional, Wilson Miller, Inc. (letter attached), it is recommended that Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00 be approved for construction of Phase 1 as described above. Paragraph # 2, The Statement of Work, contained in Contract # 04-3535 limits the amount of work orders to $750,000.00. Therefore, we are also requesting a waiver to this provision as part of this approval. This competitive procurement strategy was chosen because performance of this work requires a fire contractor's license for which only certain contractors under contract # 04-3535 are in possession of, and therefore, a separate formal bidding process would have limited bids from essentially the same contractors. In addition, referring to the tabulation of proposals above, it is noted that if we were to include Phase 2 in the amount of $848,020.00, the total amount of the work order would be $1,781,840.00. Phase 2 involves construction of2,800 lineal feet ofa new eight-inch (8") fire line along with connections to existing services in the single family area designated as "The Strand". Staff is currently in discussion with those property owners to provide an alternate solution which could be more cost effective and less disruptive to the neighborhood. Such involves converting the source of supply to the existing fire/irrigation line from the irrigation quality water system to the County's potable water system. This would eliminate the installation of a new fire line but would require the owners to pay potable water rates for irrigation service. However, if the County cannot obtain approval from all of the twelve single family owners in the Strand, it will be necessary to add Phase 2 to the project at a later date. In that event, we will return to the Board at that time for authorization to issue a change order to the contract to include work in the single family area known as The Strand already included in the initial bid. FISCAL IMPACT: The total cost associated with approval of this work order is $933,820.00. Funding for this obligation is available in the FY07 Capital Budget adopted by the Board of County Commissioners on September 21, 2006. Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth Management Plan related to this action. Agenda Item NO.1 OE f/iarch 27. 2007 Page 7 of 19 RECOMMENDA nON: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # DC-250 with Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements along a portion of Bay Colony Drive described as Phase 1 herein. 2. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of Contract # 04-3535 to enable approval of this work order which exceeds an amount of $750,000.00. 3. Authorize the County Manager or his designee to execute the Work Order after approval as to form and legal sufficiency by the County Attorney's Office. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department Agenda Item NO.1 OE March 27, 2007 Page 8 of 19 Title XXXVII INSURANCE Chapter 633 FIRE PREVENTION AND CONTROL 633.539 Requirements for installation, inspection, and maintenance of fire protection systems.-- (1) The requirements for installation of fire protection systems are as follows: (a) Contractors of fire protection systems shall be certified under s. 633.521. (b) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination. (c) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications. (d) Each piece of equipment supplied shall be guaranteed for a period of 1 year against defects in material or operations. (e) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation. (2) Equipment shall be inspected, serviced, and maintained in accordance with the manufacturer's maintenance procedures and with applicable National Fire Protection Association standards. The inspection of fire protection systems shall be conducted by a certificateholder or holder of a permit issued by the State Fire Marshal. The permitholder may perform inspections on fire protection systems only while employed by the certificateholder. This section does not prohibit the authority having jurisdiction or insurance company representatives from reviewing the system in accordance with acceptable oversight standards. (3) For contracts written after June 30, 2005, the contractor who installs the underground piping from the point of service is responsible for completing the installation to the aboveground connection flange, which by definition in this chapter is no more than 1 foot above the finished floor, before completing the Contractor's Material and Test Certificate for Underground Piping document. Aboveground contractors may not complete the Contractor's Material and Test Certificate for Underground Piping document for underground piping or portions thereof which have been installed by others. (4) The Contractor V may install the cross-connection backflow prevention device as defined in this chapter on new installations. The retrofitting of a backflow device on an existing fire protection system will cause a reduction in available water pressure and probable system malfunction. The development of aboveground fire protection system hydraulic calculations is a task of the Contractor I and II, as defined in this chapter. Accordingly, a Contractor V is expressly prohibited from retrofitting cross-connection backflow prevention devices on an existing fire protection system, and only a Contractor I or Contr-actor II who is tasked to recalculate the system and take corrective actions to ensure that the system will function with the available water supply may retroactively install these backflow devices on existing fire protection systems. History.--ss. 32,40, ch. 89-233; s. 9, ch. 91-189; 5.4, ch. 91-429; s. 29, ch. 2005-147; s. 94, ch. 2006-1. WilsonMiller@ .. New Directions In Planning. Design & Engineermg Agenda Item NO.1 O.E5 " March 27. 218:;k] 0 Page 9 of 1 .. rYears March 15, 2007 Claude Nesbitt Project Manager Public Utilities Engineering Department 3rd Floor, Building H 3301 East Tamiami Trail Naples FI 34112 Reference: Pelican Bay Fire/Irrigation System Dear Mr. Nesbitt: We have reviewed the draft of the Executive Summary regarding the Change Order to continue Phase II of Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. with respect to the projected costs for the project. Based on the information that we currently have regarding the project, the cost estimates provided below are reasonable. Item Activity Description Cost $ Chanqe Order 1. Phase II, Option 2, BCCA main installation, WO# UC-250 848,020.00 Upcominq Activities 2. Pebble Creek conversion construction (estimate) 65,000.00 3. By Fire Code Regulation, Install 17 Backflow Prevention Devices with a Class I Fire Sprinkler Contractor (estimate) 450,000.00 4. Reconcile GPS and GIS coordinates of installed facilities within County Easements (Engineering estimate) 85,000.00 Budget required $1,448,020.00 Should you need additional information regarding this project, please call me. Very truly yours, (Letter sent electronically) Craig J. Pajer, P.E. Project Manager Naples/Corporate Office 3200 Bailey Lane. Suite 200' Naples, Florida 34105' 239.649.4040. Fax 239.643.5716 wilsonmiller.com .800.649.4336 March 20, 2007 Mr. James W. Delany, P.E. Administrator, Public Utilities Division Collier County 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Dear Mr. Delony: I would like to express the appreciation of the FGUA staff for the time taken by you and your staff on February 15 and March 14, 2007 to discuss the potential mutual interests of the County and the FGUA in serving the water and wastewater needs of the Collier County residents served by the FGUA in the Golden Gate community. We recognize the severe financial challenges under which both utilities must operate in delivering services to its respective customers. As you are aware, the FGUA is at the cusp of spending in excess of $9.0 million in order to meet permitting needs to expand wastewater treatment and disposal within the system. This includes a significant plant expansion to the wastewater treatment plant and the drilling of a twelve (12) inch diameter deep injection well. This well is designed to handle both the effluent disposal of the wastewater treatment plant, along with the brine disposal from the existing and proposed reverse osmosis water treatment facilities. These actions, which are permit compliance driven, must be initiated in the next 60-90 days, or the FGUA will be confronted with the potential of adverse compliance action by State regulatory authorities. We believe that the FGUA and Collier County have a vested interest in delivering potable water and wastewater services to the residents of Golden Gate in the most economical manner possible. We discussed the alternative of Collier County providing the expanded wastewater capacity for treatment and disposal at the Golden Gate community. The other principal alternative addressed, was the need for LEA AN N THOMAS, CHAI R Polk Co unty BRIAN WHEELER Osceola County JIM LAVENDER Lee County THOMAS H. DICK Citrus County FGUA OPERATIONS OFFICE Government Services Group. Inc. 280 Wekiva Springs Rd.. Ste 2000 Longwood FL 32779 877/552-3482 Toll Free 407/629-6900 Tel 407/629-6963 Fax Mr. James W. Delony March 20, 2007 Page 2 Aaenda Item NO.1 OE ~ March 27, 2007 Page 11 of 19 the FGUA to continue its capital improvement plan to meet regulatory and permit requfrements. The County also suggested exploring the potential concept of providing capacity fee credits for the useful portion of the FGUA plant. We have an open opinion on these items; however, a short time window in which to address them. Within the next 60-90 days we will have to make final decisions on certain large dollar capital projects that will alter the financial and capital plant structure of the FGUA Golden Gate systems. With that timetable in mind, we are suggesting that both the FGUA and Collier County explicitly waive any potential conflict of interest and mutually engage Public Resources Management Group, Inc. (PRMG) to analyze the feasibility of the two current alternatives. The strategies to be evaluated are as follows: 1. Status Quo. Under this alternative, the FGUA would continue to operate the wastewater system as it currently does, to include proceeding with those capital investments identified to remove current capacity, regulatory and permitting constraints. 2. Obtain additional wastewater treatment and disposal capacity from Collier County. This would involve building a wastewater interconnect pipeline, and paying necessary capacity fees and bulk rate fees to the County System for obtaining wastewater treatment and disposal. The FGUA would continue to operate its own wastewater treatment and disposal facilities at their current permitted levels. We believe these two alternatives merit further examination. The mutual engagement of PRMG, with the acknowledged waiving of any conflict of interest (as PRMG currently acts both as Collier County and the FGUA rate consultants), is suggested. We believe that it would be in the interest of our constituents if the County and the FGUA agreed to equally share in the cost of the study. The study must be completed within forty-five (45) days of being approved by both parties to allow time to discuss and act on the results. A copy of the work authorization for PRMG is attached for your review. As time is of the essence, we respectfully request your agreement so that we can move forward in addressing our mutual concerns. If, however, there are any issues pertaining to the work authorization, please contact us as soon as possible. Sincerely, ~/L;;L----- Robert E. Sheets System Manager cc: Mr. Tom Wi des, Operations Director, Collier County Public Utilities Division Mr. Thomas Palmer, Collier County Assistant County Attorney Mr. James C. French, Collier County CDES Regulation/Operations Manager HI Agenda Item NO.1 OE March 27,2007 Page 12 of 19 Public Resources Management Group, Inc. Utility, Rate. Financial and Management Consultants March 15,2007 Mr. Thomas G. Wides Operations Director Public Utilities Division Collier County Government 3301 E. Tamiami Trail, Bldg. H 3rd Floor, Suite H3 Naples, FL 34112 Mr. David R. Miles, CPA, CGFO Director of Financial Services Florida Governmental Utility Authority Protegrity Plaza, 280 Wekiva Springs Rd., Suite 203 Longwood, FL 32779-6026 Subject: Proposal to Provide Utility Consulting Services Gentlemen: Public Resources Management Group, Inc. f'PRMG") is pleased to provide this agreement to provide utility consulting services (the "Agreement") to ColIier County (the "County") and the Florida Governmental Utility Authority (the "FGUA" and collectively with the County, the "Parties") with respect to the Golden Gate wastewater utility system that is currently owned and operated by the FGUA (the "Golden Gate System"). Based on discussions with both the County and Government Services Group, Inc. ("GSG"), the Contract Managers for the FGUA and the Golden Gate System, the primary responsibilities of PRMG will be to assist the Parties in the evaluation of the financial impact associated with providing bulk wastewater service to the Golden Gate System upon the interconnection of the Golden Gate System and the County wastewater utility system (the "County System"), The focus of PRMG will be to evaluate the overall cost of service and the estimated rate impacts to the customers of the Golden Gate System. Because of the time frame required to evaluate the effects of the various service options, the evaluation is assumed to be more of a "desk top" comparison analysis of the various options and will not encompass a detailed five-year financial forecast of the operations of the Golden Gate System. Based on our understanding of the needs of both the County and the FGUA, we propose the following: Contract Terms and Conditions The Contract Terms and Conditions to be relied upon by PRMG for the perfonnance of the project will be based on the Agreement #07 A071 for Financial Consulting Services between Collier County and Public Resources Management Group, Inc. dated January 23, 2007 (the "County Agreement"), SpecificaHy, the Direct Hourly Labor Rates and standard cost rates for reimbursable expenses as referenced in the County Agreement and which is restated on Attachment A will be recognized for the billing of any services that may result upon the approval of Work Authorization developed based on the provisions of this Proposal which will be provided individual1y to both the County and the FGUA. G:\LeUtl'S\Pending\ReviJcd\GaldenGaleE valultionLe11er Pr<JpoJal Mite!o,uoc J.~I NORTH [vIAITLAND r\VLhJlF - SlifTF 30(1- rvL\ITL..:\ND.1 L .~'~7.5[ TFLLYllON[; (407) (,23-2(,()(J. lAX (-to7) (,2R.'?ct/lt r:vl;\]L pl'lJ1g.r;) [1l'mgillc.('OI:l Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 2 Agenda Item NO.1 OE March 27, 2007 Page 13 of 19 It should be noted that PRMG currently provides rate and consulting services to both the County and FGUA. At the request of the Parties, PRMG has been requested to assist the Parties in the development of certain financial analyses as it relates to the County's providing wastewater wholesale service in lieu of FGUA constructing additional capital facilities. In order to allow PRMG to perform the services as requested by the Parties, the Parties agree that there is no conflict of interest as it relates to PRMG providing the consulting services as outlined in this Proposal. Acceptance of this Proposal by the Parties will state the Parties acknowledgement of the waiver of any conflict of interest as it relates to the consulting services to be provided by PRMG. Project Team With respect to the performance of this project, Mr. Robert J. Ori will be the principal-in-charge and will be the primary contact between the Parties and PRMG. Other staff consultants, analysts and administrative personnel of PRMG may be utilized during the course of the Project as needed. As previously mentioned, Attachment A provides a summary of the Direct Hourly Labor Rates by employee title that will be used to bill for the consulting services rendered on behalf ofthe Parties, Scope of Services The scope of services proposed to be performed by PRMG (the "Project") is included in Attachment B that is made part of this Proposal. The scope of services relates to PRMG's assisting the Parties in the review of several wastewater service options that may be available in lieu of constructing certain capital improvements to meet the capacity needs and regulatory requirements of the customers of the Golden Gate System. Compensation and Billing Based on the Direct Labor Rates as summarized in Attachment A and the Scope of Services as shown in Attachment B, PRMG proposes to establish a not-to-exceed contract budget for the Project to assist the Parties in the amount of $19,000. A summary of the project cost estimate is shown in Attachment C which is made apart of this Proposal. This contract budget amount includes the direct cost of personnel anticipated to be assigned to conduct the various tasks of the project by PRMG as well as an allowance for other direct costs such as travel, telephone, and delivery charges and subconsulting expenses, if any. It is not anticipated that any subconsultants will be required to assist PRMG in the completion of the Project. To the extent that PRMG determines that a portion of the project will need to be performed by a subconsultant, PRMG will notify the Parties in writing for approval prior to the assignment of any project responsibilities to such subconsultant by PRMG. Because of the nature of this Project, the services to be provided by PRMG will be billed on an hourly basis to the Parties and not on a lump-sum basis, PRMG will not bill the Parties for any G:\UILe~\Pendin.c\Revised\GoJdiM'oG8Ie6vIJUllionLeLterPropo:',a.r Miln.doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 3 Agenda Item NO.1 OE March 27, 2007 Page 14 of 19 remaining contract budget amount to the extent the project is completed by the Parties or the services of PRMG are no longer required based on Parties' notification to PRMG. Because the services to be provided by PRMG to the Parties are a joint request for services, the Parties will be responsible for the payment of such services based on the cost aHocation shown on Attachment C. The cost of the Project will be billed to the Parties in an equal percentage amount (i.e., 50% to the County and 50% to the FGUA) since the analysis conducted for this phase of the project is assumed to benefit both Parties. Based on the above, the allocated Contract Budget, as summarized on Attachment C, would be as follows: Total Budget Allocation to Parties Collier County FGUA Total Allocated Project Cost ~ $9 50Q ~ Project Schedule Upon approval of this Proposal by both Parties, it will be recognized that this will be the required notification to PRMG to proceed being provided by the Parties. PRMG anticipates completion of the utility financial consulting analysis associated with the within sixty (60) days after notification for presentation to the respective staffs' of the Parties. This completion date will be based on the availability of information that PRMG considers necessary to perform the financial analyses for the Parties. Furthermore, specific tasks may be completed prior to the anticipated completion date as mutually agreed between PRMG and the Parties. We are sending this Proposal via email with electronic signature individually to both the County and the FGUA for your consideration. If this Proposal is acceptable to each of you, please have an authorized representative of each Party, that has the authority to bind the Party, execute two copies, return one fully executed copy to our office; the other copy is for your files. Once we receive written acceptance of the Proposal from both Parties, which we assume will be our notice to proceed for the Project since time is of the essence, we will prepare a Work Authorization in the standard format used by each Party for subsequent approval. The Work Authorization will have a copy of the approved Proposal by each Party as part of the Work Authorization approval process. It is anticipated that a Work Authorization will be prepared by PRMG in five (5) business days from receipt of Proposal executed by both Parties. The Parties will also agree that by executing the Proposal which also represents a notice to proceed, the Parties will be responsible to pay PRMG for all work completed up to the date that PRMG is requested to discontinue work on the Project. To the extent the executed Work Authorization is not provided to PRMG in fifteen (15) business days after mailing of the respective Work Authorizations, PRMG will recognize this as a notification to suspend work, and the Parties will be notified of such suspension. (j :\Leuen;\Pcnding\Re\'is~d\GoldenOaleEYalU8lionLtt'f'lF'fOopQ8al Mil~s.doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 4 Agenda liem NO.1 OE March 27, 2007 Page 15 of 19 We appreciate the opportunity to submit this Proposal to the Parties as it relates to providing utility fmancial consulting services with respect to the evaluation of the Golden Gate System. We look forward to working with both the County and FGUA in the near future on this Project. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. Florida Governmental Utility Authority ?~J:f. cO~~ ~~ Name Robert J. Ori President Attachments 5(/ r~p- ~"j-"'- Title 3/;7~7 . , Date G:\Let1en.\Pcndin&\Revised\GDldenG.atcEvaluftlionultcrProposal MI1a:.doc Agenda Item No. 10E March 27, 2007 Page 16 of 19 19 Public Resources Management Group, Inc. Utility, Rate. Financial and Management Consultants March 15,2007 Mr. Thomas G. Wides Operations Director Public Utilities Division Collier County Government 3301 E. Tamiami Trail, Bldg. H 3rd Floor, Suite H3 Naples, FL 34112 Mr. David R. Miles, CPA, CGFO Director of Financial Services Florida Governmental Utility Authority Protegrity Plaza, 280 Wekiva Springs Rd., Suite 203 Longwood,FL 32779-6026 Subject: Proposal to Provide Utility Consulting Services Gentlemen: Public Resources Management Group, Inc. ("PRMG") is pleased to provide this agreement to provide utility consulting services (the "Agreement") to Collier County (the "County") and the Florida Governmental Utility Authority (the "FGUA" and collectively with the County, the "Parties") with respect to the Golden Gate wastewater utility system that is currently owned and operated by the FGUA (the "Golden Gate System"). Based on discussions with both the County and Government Services Group, Inc. ("GSG"), the Contract Managers for the FGUA and the Golden Gate System, the primary responsibilities of PRMG will be to assist the Parties in the evaluation of the financial impact associated with providing bulk wastewater service to the Golden Gate System upon the interconnection of the Golden Gate System and the County wastewater utility system (the "County System"). The focus of PRMG will be to evaluate the overall cost of service and the estimated rate impacts to the customers of the Golden Gate System. Because of the time frame required to evaluate the effects of the various service options, the evaluation is assumed to be more of a "desk top" comparison analysis of the various options and will not encompass a detailed five-year financial forecast of the operations of the Golden Gate System. Based on our understanding of the needs of both the County and the FGUA, we propose the following: Contract Terms and Conditions The Contract Tenus and Conditions to be relied upon by PRMG for the performance of the project will be based on the Agreement #07-4071 for Financial Consulting Services between Collier County and Public Resources Management Group, Inc. dated January 23, 2007 (the "County Agreement"). Specifically, the Direct Hourly Labor Rates and standard cost rates for reimbursable expenses as referenced in the County Agreement and which is restated on Attachment A wiIl be recognized for the billing of any services that may result upon the approval of Work Authorization developed based on the provisions of this Proposal which will be provided individually to both the County and the FGUA. G:\Letters\Pc:nding\Revised\GoldenGaltEvaluationLetterProposal Miles.doc 3.~ I \~mnl \nJll\\D ,\ vr.t\lF - Sl ITE: :WO - :\'1.\ITI...\1';D, FL 3'75 I TELEI'fl O~";L (4U7) ()."2:~ .2d;(I - FAX (.10 7) ()2~-2(; 1 I) L.\1.\ II plm:.!,,; pr.n !gllle.com Agenda Item NO.1 OE March 27, 2007 Page 17 of 19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 2 It should be noted that PRMG currently provides rate and consulting services to both the County and FGUA. At the request of the Parties, PRMG has been requested to assist the Parties in the development of certain financial analyses as it relates to the County's providing wastewater wholesale service in lieu of FGUA constructing additional capital facilities. In order to allow PRMG to perform the services as requested by the Parties, the Parties agree that there is no conflict of interest as it relates to PRMG providing the consulting services as outlined in this Proposal. Acceptance of this Proposal by the Parties will state the Parties acknowledgement of the waiver of any conflict of interest as it relates to the consulting services to be provided by PRMG. Project Team With respect to the performance of this project, Mr. Robert J. Ori will be the principal-in-charge and will be the primary contact between the Parties and PRMG. Other staff consultants, analysts and administrative personnel of PRMG may be utilized during the course of the Project as needed. As previously mentioned, Attachment A provides a summary of the Direct Hourly Labor Rates by employee title that will be used to bill for the consulting services rendered on behalf of the Parties. Scope of Services The scope of services proposed to be performed by PRMG (the "Project") is included in Attachment B that is made part of this Proposal. The scope of services relates to PRMG's assisting the Parties in the review of several wastewater service options that may be available in lieu of constructing certain capital improvements to meet the capacity needs and regulatory requirements of the customers of the Golden Gate System. Compensation and Billing Based on the Direct Labor Rates as summarized in Attachment A and the Scope of Services as shown in Attachment B, PRMG proposes to establish a not-to-exceed contract budget for the Project to assist the Parties in the amount of $19,000. A summary of the project cost estimate is shown in Attachment C which is made apart of this Proposal. This contract budget amount includes the direct cost of personnel anticipated to be assigned to conduct the various tasks of the project by PRMG as well as an allowance for other direct costs such as travel, telephone, and delivery charges and subconsulting expenses, if any. It is not anticipated that any subconsultants will be required to assist PRMG in the completion of the Project. To the extent that PRMG determines that a portion of the project will need to be performed by a subconsultant, PRMG will notify the Parties in writing for approval prior to the assignment of any project responsibilities to such subconsultant by PRMG. Because of the nature of this Project, the services to be provided by PRMG will be billed on an hourly basis to the Parties and not on a lump-sum basis. PRMG will not bill the Parties for any G:\Letters\Pending:\Revised\Gol clenGate E valuationLc-tterProposal Mi les.doc Agenda Item NO.1 OE . March 27, 2007 Page 18 of 19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March IS, 2007 Page 3 remaining contract budget amount to the extent the project is completed by the Parties or the services of PRMG are no longer required based on Parties' notification to PRMG. Because the services to be provided by PRMG to the Parties are a joint request for services, the Parties will be responsible for the payment of such services based on the cost allocation shown on Attachment C. The cost of the Project will be billed to the Parties in an equal percentage amount (i.e., 50% to the County and 50% to the FGUA) since the analysis conducted for this phase of the project is assumed to benefit both Parties. Based on the above, the allocated Contract Budget, as summarized on Attachment C, would be as follows: Total Budget Allocation to Parties Collier County FGUA Total Allocated Project Cost ~ ~ ~ Project Schedule Upon approval of this Proposal by both Parties, it will be recognized that this will be the required notification to PRMG to proceed being provided by the Parties. PRMG anticipates completion of the utility financial consulting analysis associated with the within sixty (60) days after notification for presentation to the respective staffs' of the Parties. This completion date will be based on the availability of information that PRMG considers necessary to perform the financial analyses for the Parties. Furthermore, specific tasks may be completed prior to the anticipated completion date as mutually agreed between PRMG and the Parties. We are sending this Proposal via email with electronic signature individually to both the County and the FGUA for your consideration. If this Proposal is acceptable to each of you, please have an authorized representative of each Party, that has the authority to bind the Party, execute two copies, return one fully executed copy to our office; the other copy is for your files. Once we receive written acceptance of the Proposal from both Parties, which we assume will be our notice to proceed for the Project since time is of the essence, we will prepare a Work Authorization in the standard format used by each Party for subsequent approval. The Work Authorization will have a copy of the approved Proposal by each Party as part of the Work Authorization approval process. It is anticipated that a Work Authorization will be prepared by PRMG in five (5) business days from receipt of Proposal executed by both Parties. The Parties will also agree that by executing the Proposal which also represents a notice to proceed, the Parties will be responsible to pay PRMG for all work completed up to the date that PRMG is requested to discontinue work on the Project. To the extent the executed Work Authorization is not provided to PRMG in fifteen (15) business days after mailing of the respective Work Authorizations, PRMG will recognize this as a notification to suspend work, and the Parties will be notified of such suspension. G :\Leuers\Pendinl:\Relo'ised\GoldenGale EvalualionLetterProposal Mil~.dOC' Aaenda Item NO.1 OE ~ March 27. 2007 Page19of19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 4 We appreciate the opportunity to submit this Proposal to the Parties as it relates to providing utility financial consulting services with respect to the evaluation of the Golden Gate System. We look forward to working with both the County and FGUA in the near future on this Project. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. Florida Governmental Utility Authority :?~~ f. <D~. A-~ Name Robert J. Ori President Attachments 5(/ rr:t^- J/L~-L- Title 3f7~7 Date G :\Letters\Pending\Re....ised\GoldenGateEvaluationLetterProposal Miles_doc Agenda Item NO.1 OF March 27, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. OBJECTIVE: The County Manager wishes to file an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. The Court will detennine if the Clerk must seek authority for amendments to his budget from the County Commission before expending taxpayer funds in excess of what the County Commission approved. CONSIDERATIONS: The County has conducted a review of the financial records provided by the Clerk of the Courts for fiscal year 2005-06 and related budget information from the County. This review determined the Board approved an appropriation budget, [personal services, operating expenses, and capital outlay], for the Clerk of $7,567,000.00. The financial records of the Clerk, as of September 30, 2006, reflect appropriations of $11,835,000; an increase of $4,268,000.00, more than was authorized by the Board. As of September 30, 2006, the Clerk recorded expenditures of $10,697,308.95; which is $3,130,308.95, more than was authorized by the Board. No request for approval of an amendment was made to the Board as required by Florida Statutes, Chapter 129. The County's attorneys have opined the Clerk is a budget officer as to his non-court related functions, [a copy of this opinion is attached hereto as Exhibit "A"]. As a budget officer, the County Commission appropriates and guarantees the salary for the Clerk; therefore, the Clerk must remit all fees and income to the County Commission as reqUired by Florida Statutes, 9145.022 (1). Florida law requires the Clerk to remit to the County all fees and income within seven (7) days pursuant to section Florida Statutes 9116.01, which the Clerk has failed to do. The Clerk disagrees with this opinion. .- The Clerk has used excess fees and income of his office without authorization from the Board of County Commissioners. The Clerk has spent millions of dollars in a discretionary manner without approval of the Board. As a budget officer, not only must the Clerk seek approval from the Board for budget amendments; but he must also remit to the " Agenda Item NO.1 OF March 27, 2007 Page 2 of 9 County all fees collected within 7 days of collection. Presently, the Clerk keeps all such fees collected in his own accounts. FISCAL IMPACT: Since few, if any, of the facts are in dispute; costs of litigation should not be excessive. It is expected that most of the work will be conducted by the County Attorney's Office. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: The Collier County Board of County Commissioners approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial detennination as to whether the Clerk of Courts is a budget officer. Given the significance of the disagreement, it is necessary to clarify the issue. Prepared by: James V. Mudd, County Manager 2 ,i! ._~__ Item Number: Item Summary: Meeling Oate: Agenda Item NO.1 OF Marer1 27. 2007 Page :1 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommendation to approve the filing of an action for declaratory reltef against the Clerk of Courts for a JLldlcial determination as to whether the Clerk of Courts IS a fee officer or a budget officer 3/27/20079:0000 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3121/2007 9: 17 AM -: Aoenda Item NO.1 OF - rv'1arch 27. 2007 Page 4 of 9 TALLAHASSEE Suite 200 1500 Mahan Drive Tanahassee. Rorida 32308 (850) 2244070 Tel (850) 224-4073 Fax Nabors Giblin & Nickersonp.A. TAM PA The Pointe, Suite 1060 2502 Rocky Point Drive Tampa, Rorida 33607 (813) 281.-2222 Tel (81.3) 281-0129 Fax ATTORNEYS AT LAW Reply to Tallahassee r-v November 21, 2006 '=::> ~~'" .,--... ~\. '"/ ~.~ .,~E.~ :C:: __, -~\ ~==~ ,7~' 'SJrT Via Electronic and U.s. Mail --;!""'" -- .'::'! r-.j -.J ~ Jacqueline Hubbard Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, Florida 34112 ..... N --.J Re: Budget Amendment Process .... Dear Ms. Hubbard: You have requested an opinion from our firm concerning the County budget and the circumstances under which an amendment to the adopted budget of the Clerk of the Court is required. In particular, you have requested an opinion as to whether the Clerk of the Court may utilize surplus fees collected from the recording of documents for expenditures which are in excess of the authorized amounts contained within the approved budget wi thout obtaining an amendment of the Clerk I s budget. Based upon our review of the relevant law, it is our opinion that a budget amendment is required. The County's budgeting process is set forth in Chapter 129, Florida Statutes. In addition to the procedures for approving a budget for county departments and functions, Chapter 129 provides for the approval of budgets for certain constitutionally established officers under Article VIII, section l(d) of the Florida Constitution (the "County Exhibit "B" Agenda Item NO.1 OF March 27, 2007 Page 5 of 9 Jacqueline Hubbard November 21, 2006 Page 2 Officers") . These County Officers consist of the supervisor of elections, sheriff and clerk of the court.1 Under Florida law, the clerk of the court performs dual functions. The clerk serves both. as clerk to the board of county commissioners and as clerk to the court system. Those functions performed as clerk for the board are. funded by the county, while those functions related to the court system are funded by the State of Florida. The issues raised in this opinion address only the clerk's functions on behalf of the board of county commissioners. Additionally, clerks of the court are divided into fee officers and budget officers. A clerk that is classified as a budget officer must have his budget approved by the county commission which is incorporated as part of the county's budget. See Section 129.03, Florida Statutes. In addition, as a budget officer, the county commission appropriates and guarantees the . ~ salary for a clerk and, therefore, the clerk must turn over all fees collected to the County'Commission at the end of the fiscal year. See Section 145.022(1), Florida Statutes.. By contrast, a fee officer is required to create his own budget and, though it is submitted to the county commission, no approval is required. 92 Op. Att'y Gen. 92 (1992). Nor is his budget considered part of the county commission's budget. The differences between budget officers have been described as follows: We feel that the proper interpretation of the various statutes is that where the circuit court clerk. . agree to turn over all fees collected by their office to the county commissioners they become county 1 Under the provisions of section .195.,087, Florida Statutes, the budgets of the tax collector and property appraiser are submitted to the Department of Revenue for review. Tax collectors also submit a copy of their budget to the county but no county approval is required. However, a tax collector, whose fees are guaranteed by a county pursuant to section 145.022, Florida Statutes, does submit his' budget request to the county for approval. .Agenda Item NO.1 OF March 27. 2007 Page 6 of 9 Jacqueline Hubbard November 21, 2006 Page 3 budget officers by resolution of the board pursuant to Section 145.022 (1) , Florida Statutes (1975) . Absent this agreemElnt and resolution, the clerk of the circui t. court remains a county fee officer, responsible for establishing his own annual budget. Section 218.35(1), Florida Statutes (1975) . He is required by law merely to file his proposed budget with the clerk of the county governing authority by September 1 preceding the fiscal year of the budget and to make an annual report of his finances upon the close of each ~iscal year. . for inclu?ion in the annual financial report of the county. Section 218.35(3), (4), Florida Statutes (1975) . 92 Op. Att'y Gen. 92; Alachua County v. Powers, 351 So. 2d 32, 41-42 (Fla. 1977). In tollier County, the Clerk of the Court is a budget officer and, therefore, his budget must be approved by the County Commission and it is an integral 'part of the County's budget. Further, unexpended fees must be returned to the County at the end of the fiscal year. Under the provisions of section 129.03(2), Florida Statutes, by June 1st, the Clerk of the Court is. required to submi t a tentative budget for its office in the ensuing year. Ultimately, the Board of County Commissioners holds public hearings to adopt tentative and final budgets for all County departments and for these County Officers. Section 129.03(3) (c), Florida Statutes. The primary purpose of the public hearing process for the approval of the budget is to allow input from the public and provide accountability for the expendi ture of public funds. In Collier County, the budget. of the Clerk of. the Court, as approved by the' County Commission, provides detailed expenditures within broad categories such as personnel services, operating expenses and capital expenses. Further, the expenditures which are budgeted are funded by a combination of revenues, including earned fees, interest and transfers from the general fund of the County. Finally, the Clerk's budget contemplates that, as a budget officer, surplus ->1____ -..:: Agenda Item No.1 OF March 27, 2007 Page 7 of 9 Jacqueline Hubbard November 21, 2006 Page 4 fees are to be paid over .to the County at the end of the fiscal year. Once adopted, the budget regulates the expenditures of the County and the Clerk of the Courts and the itemized estimate of expenditures shall have the effect of fixed appropriations and shall not be amended, altered or exceeded except as provided in Chapter 129. See Section 129.06 (I) , Florida Statutes. Normally, to allow some flexibility, budgets allow the movement of revenues 'within the broad categories of expenditures. For example, revenues which are allocated for a specific expenditure under the category of "operating expense" may be utilized for other "operating expense" purposes . However, the. total amount budgeted and appropriated for the broad category of "operating expense" remains fixed. That is, the total amount appropriated for those purposes may not be exceeded. Efforts to alter the fixed appropriation requires a budget amendment. Amendments to the.... adopted budget are governed by Section 129.06 (2), Florida Statutes! which provides the circumstances under which amendments are required, as follows: I} expenditures in a fund may be decreased and other appropriations in the same fund correspondingly increased; 2) appropriations from the reserve for. contingencies may be made to increase the appropriation for any expense in the same fund or to create an appropriation in the fund; 3) the reserve for future construction and improvements may be appropriated for the purposes for which the reserve was created; 4)a receipt from an unanticipated source, received for a particular purpose (such as a gift) may be appropriated for that. purpose, provided the receipt and appropriations are to be added to the budget of the proper fund; 5) increased receipts for enterprise or proprietary funds received for a particular purpose may be appropriated for that purpose; and, 6) amendments required for purposes not specifically identified in 1-5. Section. 129.06(2) (a)-(e), Florida Statutes. The substance of these provisions contemplate that a budget amendment is required whenever it is necessary to increase or decrease appropriations, or to expend money that was not initially included in the budget. . Aoenda Item NO.1 OF ~ March 27. 2007 Page 8 of 9 Jacqueline Hubbard November 21, 2006 Page 5 Based upon the information provided, you have indicated that the Clerk of the Court is collecting fees in excess of the amount budgeted in the Clerk's budget. However, rather than paying these surplUs fees to the' County, the Clerk is utilizing them for expenses either not contained within the budget or in excess of the amount appropriated. As indicated previously, it is our opinion that the Clerk may not expend this money without seeking a budgetary amendment. Collier County's budget for the Clerk's office contains very specific appropriations for expenditures. These are the fixed appropriations referred to in Section 129.06 (1), Florida Statutes. The purpose of detailed, fixed appropriations, would be defeated if the Clerk could spend. unanticipated revenue without seeking approval or, more importantly, without oversight. See 76 Op. Att'y Gen. 100 (1976) ("a circuit court clerk may expend properly budgeted funds of his office for legal assistance. reasonably necessary for the operation thereof") (emphasis add~d) . Given that Section 129.06 (2) does -not permit the expenditure of an unanticipated gift without a budget amendment and appropriation, there is no reason to believe that the Clerk can expend unanticipated fees, which belong to the County under Section 145.022{1), without any County oversight and approval. Further, section 129.06(4), Florida Statutes, provides that "[a]ll unexpended balances of appropriations at the end of the fiscal year shall revert to the fund from which the appropriation was made. " Thus, if the Clerk does not expend an entire appropriation, he must turn over the remaining funds to the County. The Clerk is not free to utilize appropriated funds on whatever he wants, even if he ultimately does not need those funds to fulfill the purpose of the appropriation. Similarly, section 145.022(1), Florida Statutes, makes it clear that unanticipated revenues -from fees do not belong to the Clerk, but ultimately the public which are mandated to be paid over to the County. The fact that more funds were received than budgeted for does not authorize the expenditure of such funds without a budget amendment and a lawful appropriation. ..Y'l'." ,..... .)""f.~. . ~ Agenda Item NO.1 OF March 27, 2007 Page 9 of 9 Jacqueline Hubbard November 21, 2006 Page 6 .rt(' , . ~~; .~.. One final point is worth noting. The right of the public to know where public funds are spent is paramount in a democratic society. To accept the Clerk's argument, he is allowed to spend surplus fees without authorization or oversight. The unfettered ability to spend money with no oversight is contrary to concepts of responsible government. We can find no statutory provision or analogy that would allow spending of public funds without oversight and accountability. In summary, it is our opinion that under Florida law and principles of public accountability, the Clerk of the Court may not exceed its budgetary appropriation or to expend it on unauthorized purposes without obtaining a budget amendment from the Board of County sioners. Should you have any additional questions, ple se f el free to contact me. ~ GTS:pad cc: David C. Weigel, Esquire ,.,........ fl....--. Agenda Item NO.1 OG March 27,2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to approve an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of construction and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No. 511011) OBJECTIVE: Obtain Board of County Commissioner approval of an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement regarding the Lely Area Stormwater Improvement Project providing for reimbursement of construction and land costs. CONSIDERATIONS: On October 14, 2003 the Collier County Board of County Commissioners approved a companion agreement (Item lOB) to the October 22, 2002 Board approved Sabal Bay Developer Contribution Agreement for road impact fee credits. The companion agreement was necessary to supplement the original agreement by providing for proportionate fair share of costs associated with construction of a portion of the Lely Main Canal as part of the Le1y Area Stormwater Improvement Project (LASIP). Since execution of the companion agreement, County and Collier Development Corporation (CDe) staff has been diligently pursing the appropriate permits and aligning resources to begin construction on this portion of the Lely Main canal. This segment of canal covers approximately 75 acres of land south of Tamiami Trail (US 41) south and east of Thomasson Drive. Collier Development Corporation owns the land and is permitting a residential community called Sabal Bay on the 2,331 acres sun-ounding the Lely Canal. A total of approximately 992 acres will be developed. The section of canal located on this property is one of three key, downstream conveyance components of the County's regional stormwater improvement project known as LASIP. This section of canal is existing. As part of LASIP it is planned to be significantly widened and deepened. Since this location is downstream of other planned LASIP improvements it is prudent to move forward with the project today. The subject amendment to the agreement acknowledges: 1. CDC's current canal improvement schedule by waving the advanced year March 31 notification date. This requirement was originally agreed to as a way to anticipate project costs for budgeting purposes. Funds are currently available in the Storm water budget for reimbursement as project costs were anticipated in advance without fornlal written notification; 2. That the final Sabal Bay development plans have preserved a natural existing flow way eliminating the need to construct a "Fern Street Relief System;" 3. That the real estate appraisal prepared by Integra Reality Resources submitted to County staff by CDC on 1/19/07 was completed in conformance with the conditions spelled out Agenda Item NO.1 OG March 27, 2007 Page 2 of 42 in the companion agreement and is the basis for the project's real property reimbursement amount; 4. the proportionate share calculation rendered by RW A Consulting, Inc. submitted to County staff by CDC on 1/19/07 was completed in conformance with the conditions spelled out in the companion agreement and is the basis for the County's reimbursement share of the actual costs of the design and construction of the subject section of the Lely Main Canal; . 5. The County agrees with the current working project budget for design, permitting, and construction of the subject section of the Lely Main Canal submitted to County staff by CDC on 1/19/07. The County Attorney's Office has reviewed and approved the proposed amendment for legal sufficiency. Construction of the subject segment of the Lely Main Canal is anticipated to begin this month. Upon its completion CDC will dedicate and convey all subject parcels of land necessary to enlarge the Lely Main Canal per LASIP in fee simple to the County. The total value of the property as determined by the accepted real estate appraisal prepared by Integra Reality Resources Inc. is $1,197,450. Per the companion agreement, the County will reimburse CDC for the land within three (3) years. The current accepted working project budget for the County's proportionate share of the canal's design and construction is $4,981.538. Per the companion agreement, the County will reimburse CDC for design and construction within sixty (60) days of final completion and acceptance of the project. The actual amount will be based on actual costs not to exceed twenty percent (20%) of the working proj ect budget an10unt. FISCAL IMPACT: Per the agreement reimbursement for the land costs, $1,197,450 can occur within three (3) years of conveyance. Reimbursement for the construction and design costs will be within sixty (60) days of final completion and acceptance of the project which will occur in fiscal year 2008. The funding for this project will come from the Stom1water Capital budget Funds (301 & 325). GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is listed as CIE Project No. 291 and is in accordance with the intents of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Approve the Amendment to the October 14, 2003 Companion Agreement to the Sabal Bay Developer Agreement regarding the Lely Area Storrnwater Improvement Project providing for reimbursement of construction and land costs and authorize the Chairman to sign for the Board. Prepared By: Jerry Kurtz, P.E., Stormwater Management Department Attachments: (1) Amendment to the Companion Agreement with Exhibits; (2) Companion Agreement Item Number: Item Summary: Meeting Oate: Agenda liem No.1 OG March 27. 2007 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to approve an amendment to tl1e October 14 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of constructIon and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No 511011) (Norman Feder, Administrator, Transportation Services) 3/27120079.00.00 AM Senior Engineer Date Preps red By Gerald Kurtz Transportation Services Stormwater Management 3/12120074:36:52 PM Senior Engineer Date Approved By Gerald Kurtz Transportation Services Stormwater Management 3/12/20074:37 PM Date A pp roved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management 3/13/2007 11:46 AM Transportation Division Administrator Date Approved By Norm E, Feder, AICP Transportation Services Transportation Services Admin 3/13/20074;22 PM Scott R. Teach Assistant County Attorney Date Approved By County Attorney County Attorney Office 3/14/2007 11 :51 AM Approved By Snaron Newman Transportation Services Accounting Supervisor Date TrDnsport,~tion ServIces Admm 3/14/20076:00 PM Executive Secretary Date Approved By Pat Lehnhard 1r..nsportation Services 1 ranspor-::ation ServH::cs Admin 3/15/2007 '10:41 AM Adrrllnistrativc Asststant Date Approved By OMS Coordinator County Manager's Office Office of M<:inagement & Budget 3/16120077:49 AM Sentor ManapernentfSu{jget Analyst Date Approved Bj' Susan Usiler County Manager's Office Offlce of Management &. BLJe!9ct 3/16/20073:41 PM Mlchae! Smykowski Date Approved By County Ml1n:"ger's Off-ice Management & Budget DIrector Office of r\',anagement &. Bud9(,~t 3:20l2007 5:20 PM Approved By james V. Mudd Board of County Commissioners County r.'ianager DZlte County M~nager's Offtce 3/2:1/2007 1 :24 PM Agenda Item NO.1 OG March 27, 2007 Page 4 of 42 AMENDMENT TO THE OCTOBER 14,2003 COMPANION AGREEMENT REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS AMENDMENT TO COMPANION AGREEMENT (the "Amendment") is made and entered into this 27th day of March, 2007, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer"), and CDC Land Investments, Inc., a Florida corporation formerly known as Collier Development Corporation, a Florida corporation ("hereinafter referred to as "CDC"), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). R E C I TAL S: WHEREAS, the parties entered into a Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements on October 14, 2003 (the "Companion Agreement"), wherein CDC/Developer agreed to provide in part certain surface water management improvements in accordance with the tenns and conditions of PUD Ordinance 86-77, which was approved by Collier County on November 10, 1986: and WHEREAS, CDC/Developer is undertaking its obligations in a timely fashion under the Companion Agreement and is poised to proceed with its further obligations thereunder; and WHEREAS, both parties desire to fully clarify and resolve various issues concerning their respective rights, expectations and duties under the Companion Agreement; and Page 1 of5 Agenda Item NO.1 OG March 27, 2007 Page 5 of 42 WHEREAS, numbered paragraph 13 of the Companion Agreement allows for the amendment or modification of that agreement upon the mutual written consent of the parties or their successors interest; and WHEREAS, upon recommendation by the Transportation Administrator and after reasoned consideration by the Board of Commissioners, the Board finds that this Amendment enhances the County's stormwater management system and is in the public interest. 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 above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Amendment, the parties agree as follows (additions in bold, deletions in strikethrou;h): 1. Page two (2), paragraph four (4) of the Companion Agreement is amended as follows: WHEREAS, the County and CDC/Developer acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project stormwater drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation CDC/Developer shall provide to County prior to the commencement of construction as set forth in Paragraph 4 below. valuation fur the County's bud;etary purposes must be provided to the County no later than March 31;;j.-e.f the calendar year prior to the yern- that CDC!Developer breaks ground under Prn-agraph 1 belo\',' and CDC/Developer shall update the probable costs estimate and provide it to the County prior to commencement of construction; and 2. Page nine (9), paragraph (7)(B) of the Companion Agreement is amended as follows: Page 2 of5 Agenda Item NO.1 OG f\1arch 27, 2007 Page 6 of 42 B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as geographically, and approximately depicted in Exhibit D, attached hereto and incorporated herein, upon the commencement of construction of the Sabal Bay Development. As to the Fern Street Relief System, CDC Developer agrees to maintain the current positive outfall already in existence which adequately conveys storm water flow from Fern Street. 3. Page eight (8), paragraph five (5) of the Companion Agreement is amended to add paragraph 5(K), as follows: K. Upon performance of the Companion Agreement and as otherwise provided herein, County agrees to reimburse CDC/Developer for the conveyances of land in fee simple in accordance with the summary report of the real property appraisal from Integra Reality Resources dated February 5, 2004, attached hereto as Exhibit "E." As to the County's share of the actual costs of the design, permitting, and construction, the County agrees to the proportionate share calculations rendered by RW A Consulting, Inc. provided to the County on January 19, 2007, attached hereto as Exhibit "F". The County further agrees with the current proposed project budget submitted by CDC dated January 19, 2007, attached hereto as Exhibit "G." 4. Except as set forth in this Amendment, the Companion Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the pariies hereto or by their successors in interest. IN WITNESS WHEREOF, the pariies hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Page 3 of 5 Agenda Item NO.1 OG March 27, 2007 Page 7 of 42 Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, , Deputy Clerk By: James Coletta, Chairman By: WITNESSES: COLLIER LAND DEVELOPMENT, INe. By: Print Name: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this_day of March, 2007, by , as of Collier Land Development, Inc. He is [ personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 4 of5 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER CDC LAND INVESTMENTS, INe. By: ,ll,genda Item No. 10G March 27, 2007 Page 8 of 42 Name: Title: The foregoing instrument was acknowledged before me this_day of March, 2007, by , as of CDC Land Investments, Inc. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL ) Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 5 of 5 G<~~.'I?t.(.'iir'" '. ~'.,~ ,":1\ . ~ COLLIER COUNTY Agenda Item NO.1 OG March 27, 2007 Page 9 of 42 DA VID C. WEIGEL COLLIER COUNTY, A ITORNEY ;""" . . , 3301 East Tamiami Trail Naples, FL 34112-4902 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 NOV 1 8 2003 Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson MlIIjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary SHJRMWATER " .': ,: October 27, 2003 C. Laurence Keesey, Esquire Young, Van Assenderp, Varnadoe & Anderson, P. A. Post Office Box 7907 Naples, FL 34101-7907 Pat Utter Collier Enterprises, Ltd. 3003 Tamiami Trail North, Suite 400 Naples, FL 34103 RE: Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements Dear Sirs: Ene. Enclosed please find a recorded copy of the above-referenced agreement for your records. YOLds, _'__ /.1 ._____----- / l~ -,I" i ~ ' ~ 1- \ ~:s\1:.. X;:~~":~omey J l' 'II ~, cc: David C. Weigel, County Attorney /\genda Item NO.1 OG March 27, 2007 Page 10 of 42 bee: Sharon Newman, Transportation Accounting Supervisor /_. Retn: 3279855 OR: 3424 PG: o331endr~~~~~;~'21~~.5.50 CURl '1'0 THE BOARD RECORDED in the OHICIAL RiCORDS of COLLIBR COUl/TV. PL ~~S11 of 4232. 00 INTBROP1ICB 4TH fLOOR 10/17/2003 at 08:04AM DWIGHT B. BROCK, CLBRK . BIT 7240 COMPANION AGREEMENT TO THE OCTOBER 22, 2002 DEVELOPER CONTRffiUTION AGREEMENT REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS TillS COMPANION AGREEMENT is made and entered into this --lLt+h day of ---S8~~ 2003, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer"), and Collier Development Corporation, a Florida corporation ("hereinafter referred to as "CDC"), which, along with their respective successors and assigns, may be jointly referred to as "CDClDeveloper," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). RECITALS: WHEREAS, CDCfDeveloper owns approximately 2,416 acres of real property located in unincorporated Collier County, Florida which is the site of the CDC Planned Unit Development ("CDC PUD") , which was approved by Collier County on November 10, 1986, in PUD Ordinance 86~ 77; and WHEREAS, PUD Ordinance 86-77 granted to CDCfDeveloper certain development rights and required CDClDeveloper to undertake certain obligations in return for the developmental approvals; which obligations included the dedication of land to the County and the construction by CDCfDeveloper of certain roadway and surface water management improvements; and WHEREAS, CDCIDeveloper entered into a Standard Fonn Developer Contribution Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter referred to as "Contribution Agreement"); and crl(t.., ~ OR: j~~lf~1U~ iB')l3~ Page 12 of 42 WHEREAS, the Contribution Agreement required that within 270 days from October 22, 2002, CDClDeveloper and Collier County would enter into a "companion agreement" to insure equitable payment or credit to CDClDeveloper for drainage improvements constructed or donated by CDC/Developer and to insure that CDC/Developer pays for its fair share of the costs of the stonnwater facilities, and drainage improvements known as Lely Area Stormwater Improvement Project (hereinafter the "LASIP Project"), as set forth to in the Memorandum of Understanding attached as Exhibit "B-6" to the Contribution Agreement; and WHEREAS, County and CDClDeveloper, in furtherance of the public health, safety, and welfare, desire to commence the planning and construction of the LASIP Project prior to the County's final consideration of the CDC PUD amendment application and further desire to define CDC/Developer's obligations with regard to contributions of land for, and construction of, certain portions of the LASIP Project and to specify the amount and timing of reimbursements or credits CDClDeveloper shall be entitled to as a result of its land donations for, and construction of its portion of the LASIP Project; and WHEREAS, the LASIP Project does not anticipate or take into consideration or accommodate receiving additional discharge from developmental activity within the CDC POO beyond pre-development historical flows; and WHEREAS, the County and CDClDeveloper acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project stonn water drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation for the County's budgetary purposes must be provided to the County no later than March 3151 of the calendar year prior to the year that CDCfDeveloper breaks ground under Paragraph 4 below and CDClDeveloper shall update 2 CdCl. ~ I OR: A3lt4~~~r7~~~~ Page 13 or~t 1""'"- the probable cost estimate and provide it to the County prior to commencement of construction; and WHEREAS, the Collier County engineer has recommended to the Board of County Commissioners that the proposed plan for CDClDeveloper's dedication of land and contributions for the LASIP Project shall be in conformity with the County Stonnwater Management Element in its Growth Management Plan and are in furtherance of the public's health, safety and welfare; and WHEREAS, CDClDeveloper acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject portions of the LASIP Project, or shall post a bond therefore, and thereafter execute any and all documentation necessary to convey the contributions or land donations to the County in conformance with the County's standards, procedures, ordinances, and regulations; and WHEREAS, this Agreement shall not limit or affect the County's authority to make any determination the County may choose regarding the future CDC PUD amendment application, and this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act; and WHEREAS, CDC/Developer is currently authorized to develop only that 83 acre portion of the CDC PUD land which is the subject of a amended Preliminary Development Agreement ("PDA") dated May 16,2002, as amended by an Agreement dated May 28,2003, both of which were entered into by and between the Florida Department of Community Affairs and CDClDeveloper; and any additional development beyond the site specified in the PDA must be authorized by Collier County after its consideration of CDClDeveloper's application to amend the CDC PUD ordinance. 3 Ulf-i'\t Aoenda Item No. 10G OR: 3424t.aM.~7n~)tJg Pa~t;f I 'T crIi"Z;~ WHEREAS, the parties acknowledge that the County desires to expedite the LASIP Project's completion and that there are costs associated with both the delay of the LASIP Project and the County's pursuit of construction permits from the regulatory agencies involved. WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of Ten DoJlars ($10.00) and other good and valuable consideration previously exchanged between 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. A map generally depicting the components of the LASIP Project is marked Composite Exhibit "A" and attached hereto. Collier County has prepared a design plan for the LASIP Project improvements, including the Lely Canal. County has filed and is pursuing final approval (Permit Application No. 980828.1) of a permit from the South Florida Water Management District for the LASIP improvements (hereinafter referred to as the "LASIP Permit"). 3. CDClDeveloper desires to construct the Lely Canal following a meandered, non- linear canal design to improve water quality, and to improve the visual aesthetics of the Canal (hereinafter Modified Drainage Design) which differs from the County's proposed design for the LASIP Permit application. CDC/Developer shaH file an application for the Modified Drainage Design with the S.F.W.M.D. as soon as practical, but no later than July 1,2004. ~. CDC/Developer shall begin construction of either the LASIP Project or the Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The 4 ar~~ OR: ~~t,~~r7~1 Page 15 of 42 - two-year time period for CDClDeveloper's commencement of construction of the Modified Drainage Design shall be extended up to a maximum of nine (9) months, if CDClDeveloper has applied for, and is pursuing in good faith, a SFWMD permit for approval of the Modified Drainage Design. If CDClDeveloper fails to timely begin construction of the Modified Drainage Design or the LASIP Project, upon written notice to CDClDeveloper, Collier County shall have the exclusive right to construct the LASIP Project and CDClDeveloper shall provide all necessary access to the County on CDClDeveloper's property, without cost, to enable the County to construct the LASIP Project. 5. Regarding the Lely Canal: A. If constructed under the Modified Drainage Design, the Lely Canal shall be designed at a minimum to accommodate the same water flow criteria as approved in the LASIP Project, plus any additional flow beyond pre-development historical flows contributed by on-site development within the CDC PUD. For either the Modified Drainage Design or the LASIP Project, all costs now and forever arising from any additional flow beyond pre-development historical flows contributed by on-site development within the CDC PUD, including but not limited to expansion or modification of the Modified Drainage Design or the LASIP Project, shall be borne solely by CDC/Developer. /'-:8. For either the Modified Drainage Design or the LASIP Project, CDClDeveloper must complete the canal construction within one year from breaking ground. 5 cJr-~ A~,11~CA ItM No ~~ OR: J't ,i1far~~~7. ~ if2 Page 16 0 4L C. For either the Modified Drainage Design or the LASIP Project, following completion of construction by either party, CDClDeveloper shall, at its sole cost, be responsible for the ongoing maintenance of the Lely Canal. D. If constructed pursuant to the Modified Drainage Design, CDClDeveloper shall receive all mitigation credit for the enhancements to the Canal beyond the LASIP Project. If CDC/Developer obtains grant funding for the improved water quality design of the Lely Canal, the grant funds shall be shared, with the County entitled to receive only that percentage of the grant funds which equals the percentage of the grant funds attributable to, or awarded for the LASIP Project design, including the spreader lake, and CDClDeveloper receiving that percentage of the grant funds awarded for the Modified Drainage Design to be permitted by the S.F.W.M.D. E. CDClDeveloper shall dedicate and convey, at no cost to the County, aU rights and interests it has to the existing Lely Canal that historically has been maintained by Collier County. A graphic rendering of this area is shown as "Lely Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at 21.2 acres. All references to acreage herein, including this reference, are estimates only, with a final determination of actual acreage to be determined in a customary manner by the County. F. CDC/Developer shall dedicate and convey to County an additional 14.3 acres for the Lely Canal, representing the area of the widening of the existing canal. A graphic rendering of this area is shown as "LeIy Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. Collier County shall pay 6 4- I .... OR: Aj4~~m~N7~~~~ Page 17 of 42 CDClDeveloper the appraised fair market value for the 14.3 acres and the land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "POO" of the CDC DRIIPUD land. G. The current LASIP Project design for the Lely Canal substitutes a spreader lake in place of a spreader water way. A graphic rendering of the spreader lake is shown on "Lely Canal {Per LASIP Design)," attached hereto as part of Exhibit B. This spreader lake is approximately 13.87 acres. CDClDeveloper shall dedicate and convey to Collier County this additional 13.87 acres. Collier County shall pay CDClDeveloper the appraised fair market value of these 13.87 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDClDeveloper entered into the Contribution Agreement, with the valuation based on pre-PUD Agricultural zoning. As an offset to this purchase price, the County will be credited for 18.6 acres (3.1 acres upland, 15.5 acres wetland) of the 26-acre spreader waterway canal. A graphic rendering of this area is shown as "Lely Canal {Per 1985 Master Plan)," attached hereto as part of Exhibit B. This credit will be based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "POO" of the CDC DRIIPUD land, considering the spreader canal's land characteristics as either wetland or upland. H. Payment to CDCfDeveloper for all of the conveyances set forth shaIl be made by the County within three years of the date that the land is dedicated to Collier County by CDClDeveloper and accepted by the County. 7 Ufr-/#r OR: A3~rzl1~~~~~~ Page 18 of 42 1. The County shall reimburse CDCfDeveloper for the County's proportionate share of the costs of the design, permitting and construction of the LASIP Project based upon the method or mechanism selected by Collier County for the calculation of the proportionate fair share allocation for property owners in the LASIP Project area. The proportionate share of costs may be based upon gross acreage, taxable value, front footage or some other equitable method adopted by the County. County shall reimburse CDClDeveloper for the County's share of the costs of the Project within sixty (60) days of final completion and acceptance of the Project. J. All land dedications referenced above shaIl be conveyed to the County at the earlier of (1) the final completion and acceptance of the Modified Drainage Design or LASIP Project, or (2) upon the County exercising its right to construct the LASIP Project under Paragraph 4 herein, within thirty (30) days of written request by the County. /0.- -.......\ ; 6 ' ( .j , -~ So long as CDC/Developer is engaged in the construction of the Lely Canal by either design, County shall not refuse to process applications for site plan approvals, building permits, certificates of occupancy for commercial use or other County permits for development within the 83 acre CDC 2003 PDA area. \\lit~i_!Uh~ lar,Ker.amendectCD.CPULlJ2roject. ~~_'!L~2.__ certificates of occupancy shall. be authorized or iSi)ued by the County until all associated improvements to the Lely C~na!_ by eithe.r de.sign specified in Paragraph 4, above, have been constru~!~_~ ~xCQ~/'.I?evelEP~r a!1c:faPIm~ved by the Coun~y; except that when consistent with the amended CDC PUD, the Collier County Land Development Code and all other_~oIlier 8 ~~ I OR: A3tt'~!~ r7~15 Page 19 of 42 County Laws and Ordinances, and provided that there are adequate public facilities capacity available, Certificates 5!f Occupancy shaH be approved by the County for the following __..,__~ _.... -". -. _, ~~__ __, .._ _. .' .,', ..., ,.., . _,._ .. ...~.....- ......_....., ..0- ,'"''<''' . - .'.... '__'_...____..'~,_. __..~_..~_..._"._ .._......... development: commercial buildings, sales centers, model homes, and a golf course, including a '.,."..~,". _~_.~._._._..."" .",~,-,. "............~ .._.,..'" . .,_ ."", , - ,." '.'- "~...-.._"-"" ,.d. ,,_, .,._.,........... ....." ._...........'._'.'~,.......".....'......... golf club house and golf maintenance facilities. . 7. Regarding the Avalon School Outfall Canal and Fern Street Relief System: A. The Avalon School Outfall Canal and Fern Street Relief System are depicted on the attached plan marked as Exhibit D. B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as graphically, and approximately depicted in Exhibit D attached hereto and incorporated herein. C. The County shall reimburse CDClDeveloper for the value of the dedications for which the County is responsible for payment within three (3) years of the date the real property is accepted by the County and shall be valued based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. 8. Regarding the Lely Manor Canal: A. County is currently seeking permits from the South Florida Water Management Plan. B. The County will obtain permits and construct the Lely Manor Canal at its own costs and may proceed with construction of the Lely Manor Canal in advance of CDClDeveloper's filing an application for amendment of the CDC POO. 9 CJ?-~ OR: ~~2i4a p~ Na.3~)6> March 27, 2007 Page 20 of 42 CDClDeveloper shall provide the County with access to the l.ely Manor Canal for maintenance purposes. C. CDClDeveloper shall dedicate and convey to the County approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as "Lely Manor Canal {Per LASIP Design)," attached hereto as part of Exhibit C. The spreader lake is approximately 9.68 acres, and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Collier County shall pay CDClDeveloper the appraised fair market value of these 9.68 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDClDeveloper entered into the Contribution Agreement, with the valuation based on pre-PUD Agricultural zoning. With respect to the canal improvements, CDCfDeveloper shall dedicate and convey to the County a strip of land between 15 feet and 35 feet wide of CDClDeveloper's land along the Lely Manor Canal. Of the 35 foot wide strip of land, 15 feet is required for the canal and 20 feet is needed for the County's maintenance of the Lely Manor Canal. If CDClDeveloper dedicates and conveys less than a 35 foot strip along any portion of the Lely Manor Canal ("CDC/Developer Portion"), CDClDeveloper will maintain at CDClDeveloper's sole cost the CDCIDeveloper Portion, and will also provide access to the County (at no cost to the County) for maintenance of the portion of the Lely Manor Canal not maintained by CDC/Developer. At County's request, the parties will enter into a Maintenance Agreement setting forth these terms. Collier County shall pay CDC/Developer the appraised fair market value for this 2.52-acre strip and the 10 cJf" ~ OR: ~2t:mr~~~~ Page 21 of 42 land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRIlPUD land. D. The County shall reimburse CDClDeveloper for the land dedicated to the County for the Lely Manor Canal dedications within three (3) years of the date that the land is dedicated by CDClDeveloper. All land dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 9. The considerations and commitments in this Agreement relate to the LASIP improvements within the boundaries of the CDC PUD, and these considerations shall be understood and interpreted to relate to those LASIP improvements that are deemed appropriate and authorized by the permits to be issued by the South Florida Water Management District and the U.S. Anny Corps of Engineers. 10. Regarding contributions of construction or installation of improvements, the value of CDClDeveloper's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by CDClDeveloper, but in any event not to exceed twenty (20%) above the estimated probable costs of such improvement. 11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure shall be utilized. 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed. With respect to such conveyances, the County shall be responsible for paying the costs of any title work and searches, and CDClDeveloper shall be responsible at its costs for promptly removing or curing any hens, encumbrances or deficiencies revealed in any title work. 11 at OR: l~2-~a~G~ r~ 4~ March 27, 2007 Page 22 of 42 13. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by the successors in interest. 14. The burdens of this Agreement shall be binding upon, and benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. Either party to this Agreement shall have the ability file an action, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement after submission to the County's Alternative Dispute Resolution process, said remedy being cumulative with any and all other remedies available to the parties for legal enforcement of this Agreement. 16. This Agreement shall be recorded by the County in the official records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman of the Board of County Commissioners, executes this Agreement. A copy of this recorded document will be provided to CDClDeveloper. END OF PAGE 12 ~. OR: 1~T~~Pl ~7~)~ Page 23~~ DONE AND ORDERED this lttU"day of ~ 2003. ,;:" , ~.t~.S~'bCKdlERK ., ~'.~~\',. ,~ .'" ;;~ ,: . Deptlty; tefk., . < . DvJlbHT E. B&0t~7CLERK "<, Attts..~toCtt.h"Un" It....,.11. APPROVED AS TO FORM AND LE L S TF CIENCY: T COUNTY ATTORNEY WITfESSES: (Jli: I?tt;~,t 2- (Signature) ~R\( t\ L [)~~02 (Print full name) ~: _ "B:R. Crim (Print full name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . By: TOM HE Chairman Jf!ff~fY A. ~Lf}12~O\J COLLIER LAND DEVELOPMENT, INC. By: , Vice President JEFFREY M. "... :<.;:;~~ i~:~~:;;~~~7'{[~::' .,..:: . ~ \ . _-7' ,..- :-" :~ ~. 'g~~f~~lt~r ' .-to' , 13 ~r OR: /31f2tm:~;o3~ Page 24 of 42 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this~day of~}-. Birr. Vice President of Collier Land Development, Inc. l'\~ ~.~ Notary Publi ~ Name f\ a....,-.. e..~ L. c::t II Certificate No. \ My Commission expires~ 0.'5" . 2003, by Jeffrey ~~f'~ NANCY LYNN HALL ~~, MY COMMISSION # D0031397 't.., 1\11 EXPIRES: June 24.2005 1~3-NOTARY Fl. '*"-Y SeMoo I Bonding. lne. COLLIER DEVELOPMENT CORPORATION By: JEFFREY M. BIRR WITNE.S .SESn uilt. f:t:u~ ~ - , (~ature rR I L tr 1 - ()TT/3f (Print full name) , ~ (Signature) . 'B. R. C,rt V\t\ (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this~day of V. Birr, Vice President of Collier Development Corporation \f\~ L_~~ Notary Public \ ~ Name V\~ Q..u L. a.. \ 1 Certificate No. \ My Commission expires ~ \ :ti \ oS- \ , 2003, by Jeffrey ~..""~ NANCY LYNN HALL '" ~J MY COMMISSION" OD031397 -r1t11f1\~ EXPIRES: Jund4. 200~ I<<JO.3.HOTAFlY FL Noury Semce & BondIng. Inc. 14 d-iJ -I Agenda Item NO.1 OG March ~ 2p07 f-'age ::> 0 4L. OR: 3424 PG: 0351 '\. '. '\.''''-' " " ,;:/' 13#' 1~~24 ~'~3'\ //./ \, \\ '\ SAEW. BAY ) AI /~ ;;~y /~'\/ ~1~// , / 15 X 23 ~",/ /22'\, .~ /' "' "../ '\\.~ ,/ , "', /' "~ ~ /' \, /" ~ / "~ ~ ", /?' / '\ // ,/ ,/"'~ // / V / '\, ,,) -.-;....-~~H1 CLIENT: Wi,.,.;II.. I'IImrI . ~ . ~ . ~ . L.MI*:IplI ArdrIt<<b . 'II'WlIIpclrfdl Cllndr* PROJECT: WI8or.i.WIer; he. ,."".. . Fort."... . ..... . It'IdIn:Il . r..,. . T~ . ...... CIY 8Ndl aXI,., Law. 8* I/fID . ,...., ""* MIJH!lJ7 . "'- ~ . I'1u 1i.7Hf.Hi1rf. lNl-SIe ..........._ COLLIER DEVELC CORPORAllt SABAL SA COUNlY CAt\ ~ ~ ~" LELY LAKES /" -- ~ " '-t..e:L Y CANAL / / // ,/ / // / / / / /'/ ~.^' DRt BOUNDAAY UNE (1YP ,) l6 lENT OAT(; 06/26/03 HORIZONTAL SCAlE: 1- =: 2000' VERTICAl SCALE: N/A ... ) TITLE: OR: 3424 PG: 0352 EXHIBIT A: COUNTY CANALS LOCATION MAP seC: TWP: RCE:: CROSS REFERENCE nL( NO.: PROJECT NUMBER: N0229-02?-On~ Agenda Item NO.1 OG March 27. 2007 ~[!JI ~::' :," '::: cJfL- INDEX NUMBER: D-N0229- 74-A SHEET NUMBER: 1 ,,~ 1 I -., Agenda Item NO.1 OG March 27, 2007 D'iiQ" ?7 nf Lf ') OR: 3424 PG: 0353 , ~._~.-...... '\ \ \ / /if? ,_,.v 13 /j-; "j?/ '~'2" ",#'"23\ '%;F, -If'" '\ '\ '\, SABAL BAY ~1~/ // 15X 23 ,,/22 \ /' / V) /'~&/. / x //"\, ) \. // , ,- \,\ // .:/ / '\ / \ / '''\ " \ "- \ Wi.Mlller _T~-=-M ".."... . e.-. . ~ . ~ . ~ AtT:J'Iec#I . 7I'In1pcriIi;rl ~ Mscn1.IIel, he. ,.... . Ff1rl...... . .!IInlil* . Ihdri:ln . TIIIJII . T~ . ,..... CIy a.dl .1lllllISIIly lMlII, ...1110 . __ Rlri* MIDHfIJ1.19lcN ~. '" IfHJCH1II . ...... ...........QllII CLIENT: COlliER DEVElO CORPORATIC SA8AL 8A ~ COUNlY CANJ PROJECT: ~ELY CANAl. /' / / ,/ /' ,.' /' / ,,/" Agenda Item No.1 OG March 27, 2007 o",.,"'?~ f"\f L!? I OR: 3424 PG: 0354 , ~ ~" LELY lAKES / /' / /' / /' / LEGEND D11lI LEL Y CAHAl.. - E~ COHOHlONS (21.2 ACRES) ~~, DR! BOVNOARY UNE (TYP .) ~~ENT OI.TE: TITLE: 06/26/03 EXHIBIT B: LELY CANAL cJ{L ,~ J HORIZONTAL SCAlE: lw = 2000' (EXISTING CONDITIONS) VERTICAl SCl\LE: INDEX NUMBER: N/A D-N0229-74-8 _5 SEe: TW?: ReE: CROSS REFERENCE RLE NO.: I PROJECT NUMBER: SHEET NUMBER: "'n??Q_n??_nn~ 1 "',.. ~ -I Agenda Item NO.1 OG March 27, 2007 r O::f~ .o-".l VI ""t-~ OR: 3424 PG: 0355 , / # ::f , . 13;&,1 p:;Y 1~24 -t: 23 \ , ~;-, \. . /;:>/ '" ~. tY " SMtL BAY ~,~., 1 ;2}:3 / 22 " / "-, / "( /. ~/'f! / " /X // \ / '\, -...b~;~~.. CLIENT: Wi_Miller 1'IIMn. ~. &ciIclgWt. an."n . L.IrIdII:IpeArdlllclil . ~ CcnuIInlI PROJECT: WIsonMf<<; tlC. ,..,.. . Fcrf""" . ..... . Ihddln . r.... . r~ . ,..,.. a, fJeec:h ~ 8/IItIf t.., Me 2IXJ . ~ I'btiI $fOHlQ7 . ,.,... ~ . Fa I:!IHfH7Ilf . .,.,.. ............_ COLLIER DEVELC CORPORATI( SABAL SA' COUNTY CAN ~..~.....~- ~ ~ ~" laY LAKES / / / "'--t.El Y CANAl. ~ / ,/' /' / . CANAL S~R.../ "R WAY / ,/' / " .l6 \. " ~~, OR! BOUNDARY UNE (TYP.) MENT DATE: 08/26/03 HQRIZOfoITIIl SCALE: 1- .. 2000' VERTICI\l SCAlE: N/A TITLE: OR: 3424 PG: 0356 LE 0 ~ LElY CAHI\L - I.tPROVEMENTS RECOMUENDED IN 1985 DISTRICT II WSTER PlAN STUDY (35.5 ACRES) _ LELY CAHI\L - 135' WIDE SPR[Al)ER WATER WAY (26.8 ACRES) EXHIBIT B: LELY CANAL (PER 1985 MASTER PLAN) .S SEC: TWP: ReE: CROSS RE,ERENCE FILE NO,: PROJECT NUt.lBER: N0229-022 -003 Agenda Item No, 10G March 27, 2007 r d,:::/C vV VI "'T"':':' INDEX NUMBER: D-N0229-74-8 SHEET NUI.IBER: 2 OF 3 I Agenda Item No. 10G ,...)"'\.'"" -, 017 Page 31 of 42 OR: 3424 PG: 0357 / //JJ/ $ 13 ,.:/ ",:V 14 "'24 " 23 $ n SAIW. BAY ~ '\\ / .X: / '\, / \ /,/ "\, / \ --.....;&;.:::,'=-.. CLIENT: _."iller ",... . ~ . SciabgWt . ~ . L..nIIelIpe ArdIIIdt . 1'rInIpGrfdIn ~ PROJECT: WI80nMJer m ,.... . Fort u,- . ...... . ~ . r.;;; . r.w- . ,.... a,s..dI $ll108IIty u... lUll fI1J(J . ,... FIIlltiI MXlHS1l' .",." .........,.,. ~ . ...... .........._ COlliER DEVEL~ CORPORATI SABAL 8~ COUNlY CAt ~ ~ ~" "\ laY LN<ES / // ~ElY CANAl \ ~LY~ SPREADER LAKE '" " ~~, DRl BOUfl(lARY UNE (TYP .) )MENT 'oJ DATE: TITLE: 08/26/0J OR: 3424 PG: 0358 I!iiil!I LELY CNW. - PER LASP DESIGN (049.3 ACRES) HORIZONTAl SCALE:: 1- = 2000' VERTICAl. SCALE: N/A t:.XHIBiT B: LEL Y CANAL (PER LASIP DESIGN) LS SEC: TWP: ROE: CROSS REFERENCE FILE NO.: PROJECT HUMBER: N0229-022-003 Agenda item No, 10G M"lr!'h ')7 ?nn7 Page 32 of 42 fI H, ~ (;4.V INDEX NUMBER: D-N0229-74-8 SHEET NUMBER: :3 or 3 I Agenda Item NO.1 OG March 27. 2007 d .:l.:l 01 q, OR: 3424 PG: 0359 .~,. " " \\ SAlW.. BAY '\ /~ X, / ..... /'\ ,/ . Wi_Miller _T~.. ,."",... . ~ . EccIog/III . a.n.,.n . ~ ArcMIdI . >>wIlpor'fab CmIIIn WIIen".k; he ..... . Fort u,.. . ...... . 8'IIdInII:II . r..,. . ~ . ,.,.. a, s..dl 3lIlIBIIIy Unf, ldt 1110 . ~ FbfIfI MGHlilII' . I'JllN ....... FIr I3HlCH7If . ~ -*nnIlrJ:all CLIENT: PROJECT: COLLIER DEVEL CORPORAT SABAL BJ COUNTY CAI , ~ ~" ~y MANOR CANAl LE1.. Y LN<ES / / /~' /' / / / ~' ,/ " \ / =>MENT N DATE: TITLE: 08/26/03 OR: 3424 PG: 0360 LEGEND ~ LEL Y WANOR CAloW. - OUSTING (NOT ON SAIW. B.\y PROPERTY) Gl EXISTING WETLAND HORIZONTAl SCAlE: ,- = 2000' VERTICAl SCAlE: N/A EXHIBIT C: LELY MANOR CANAL (EXISTING CONDITION) ,LS SEe: TWP: ROE: CROSS REFERENCE FILE NO.: PROJECT NUMBER: N0229-022-003 /\genda Item No.1 OG March 27, 2007 r-age ,)'+ 01 4<:: ___,r (jjJf./ INDEX NUl,lBER: D-N0229-74-C SHEET NUWeER: 1 or 3 I -' Agenda Item NO.1 OG M;:m~h?7 ?on7 Page 35 of 42 OR: 3424 PG: 0361 \., \ "\, , \""', " " ./J ~(j/" 1347 14 ~. 24 /,f.1~ 23'\ 4<. \. tP,\ '\ "\ \ ~BAY , / \.14/ / )?R3~' \~'. \.. \ \, \,~ /;. /~ /j / . / , /'\. / '~// // ". " ~ // '\ / " /' '\. ./ . \ ~....;~~.. CLIENT: WI.""er ,...,.,.. ~. EccqIIII. a.n.,aa. ~An::#IIIIc*. TI'llIIpCI1d:lr,~ PROJECT: ~, I1c. ,.,... . FcrI."... . 8ndI . lhdriln . r.... . r...,... . ,.... CI)' 8IlIdt 3IDD"""t.... lYe ZDf) . ,.... RriilI MtJHI$Uf . "- ~. Fa ....",. . ___ ...........aIlII COlliER DEVEl( CORPORATI SABAl SA COUNTY CA~ ~ ~ ~" ~LY IoIANOR CANAL LELY LAI<ES ) .. .. \- - - - .. .. ... ~ \... _ _ r ( - !) -) ,\,- ~ OR: 3424 PG: 0362 I m lEl Y ~ CAfW. - PER 1985 OISTRICT 45 MASTER f'VH STUDY (NOT OH SAEW. BAY PROPERTY) G EXISTING WETLAHD ~lY MANOR CANAl / SPREADER WATER WAY ~~~~ \ \. )MENT \J DATE: 08/25/03 HORIZONT IlL SCALE: ,. .. 2000' VERTICAL SCl\LE: N/A SEC: TWP: RCE: CROSS REFERENCE FILE NO.: TITLE: EXHIBIT C: LELY MANOR CANAL (PER 1 985 MASTER PLAN) .LS PROJECT NUMBER: N0229-022-003 Agenda Item NO.1 OG f'vlarch 27, 2007 I o~c.. vV Vi -'L- /""...Ar I I.. w~ INDEX NUMBER: D-N0229-74-C SHEEt NUNSER: 2 or 3 I Agenda Item NO.1 OG rr'h ')7 ') n7 Page 37 of 42 OR: 3424 PG: 0363 , !3/.j. 14 d;. :J?~. ~f' 23', /.;;.~ \ .,~ "- \\ ~ELY MANOR CANAl. ,# ,/ ,t~ // /' ,/ \\., ..', '\, /~ ..\ / / "/~ ~'V /\ '\-. 51 BC / / Wi_Miller ~t.==-M cum PIIrnn. ~. EcaIr:igWI. an.,a-.. L.IndiIciIpArc:lllldt. Jtao'4u'.....I~ PROJECT: WIscriAw', t1c. .... . Farf.... . ..,... . fhcIriln . T,... . T*- . "- ar, s...dI 1!llO"" '--. ,.., fI1(J . --,AlrldIIfJJHIf11. "- _ .. .J)C . Fa ~. ..... ..........._ COLLIER DEVELO CORPORATIC SABAL SA ~ COUNTY CAN4 ~'\ BAY OR! mr LINE (TYP.) Agenda Item NO.1 OG March 27. 2007 ~ ? P "f A') OR: 3424 PG: 036 ~'\ LEGEND ~ LElY WANOR CNoIAI.. - PORTION ~ ON ADJACENT PROPERTY _ LEL. Y lolANOR CNoIAI.. - PORTION ON SAEW. BAY PROPERTY (2.5 ACRES) _ LEl Y lolANOR CANAl.. - SPREADER lAKE (11.8 ACRES) o EXISTING WETlAND / J'// //' ,,// JO 36 , .31 , \ \ \.. .. ,\, ," /' /,- '~- \. '''; ,. ,- , / DATE: TITLE: ,. r. I.. 08/26/03 EXHIBIT c: LELY MANOR CANAL a~ HORIZONT~ SCAlE: ,- = 2000' (PER LASIP DESIGN) vERTICAL SCALE: INDEX NUMBER: N/A D-N0229-74-C SEC: TWP: RGE: CROSS Rt:n:RENCE filE NO.: PROJECT NUWBER: SHEET NU"'SER: t.Jn??Q-n??-nn~ ~ n.. ~ MENT J .s J Agenda Item No. 108 I\II;::!r~h Tl ?007 Page 39 of 42 OR: 3424 PG: 0365 \ , \, , '.. , ,.?it ..,~,"".r 'J~' ~24 /"2J '''\." """ '\ \. SABAL BAY ,~.;.r >/> /If ./~~ / 14/ " // '~2J ~/ / 22'\" //~ ., ~, ." \ . ,,; ,,/ "';" y' ;;. " .././ ),~~// ../ 'y' /" \,. / / ..// \ /" \ / '>( // '" // ..... / \ ;/c' ~..... / '- / . ,/ " ....~"~.t=.... CLIENT: Wi_Miller t"IImn. ~. ~. an.,.n. LMldape~. ~b1~ PROJECT: M8cnW1er, tic. ,... . Fort II)oIn . ,.... . ....... . rlqll . T*- . ,.... ~ Snc:h 3D"" L-. MeItJ(J . ,..., Rarl* a<<l5-tIlD7 . "'- ~. Fa IiJfH4H1II . IIIIlt-IIIr .........,..- COLLIER DEVELC CORPORATI( SABAL BA\ COUNlY CAN :TYP.) ~ ~ ~" laY LAKES / / / / // /' ,,// 36 i5 'MENT J LS \''- OATE: 08/26/0.3 HORIZONTAl SCAlE: ,. = 2000' VERTICAl. SCAlE: N/A SEe: TWP: RG8 OR: 3424 PG: 0366 TITLE: EXHIBIT D: AVALON SCHOOL OUTFALL CANAL CROSS REfERENCE fIlE NO.: PROJECT NUMBER: N0229-022 -003 .A.genda Item NO.1 OG :\nUi ,-,11.-1 , "-~~j Page 40 of 42 ~~v ..........- INOCX NUhl8ER: D-N0229-74-0 SHEET NUMBER: 1 or 2 I . . ,,1 .. Agenda Item No, 108 ~~::>r,...h ')7 ,)()()7 Page 41 of 42 J OR: 3424 PG: 0367 \ , ';,\ o .,1(.. ,:...-,/ ,../:' ~ lJ/iY' , 1..~~2. A/2.3', , "'". '-. o.r" \.. .;", I '\, , " "\ SASAL BAY / /' ,./ ,/ //' ../ / " / '\ / //"/ "/ / " /, //./ '\. ,.,,/ '\ / " \ \ ~~;&t::".rr...... CLIENT: WI_Mi/181 PIImn. ~. &dDgiIII. an-.rn. ~Ard*cII. TIWIIlpllrfdlnCCndllllll PROJECT: M8c:n\4IeI, he. ,.,.. . Forl"'" . SIIIrlII* . lhMIbI . 7'Qla . ~ . ,..,.. a, IIId .t2IJCIMyL-. Ur ItlJ . ~ FiriilI4JHISf11. I'/lane ~. FlII -..cH7IS . WwHIlI _______ COlliER DEVELC CORPORATU SABAL SA' COUNTY CAN Aqenda Item NO.1 OG - March 27. 2007 " laY LAKES // /' ./ / ,,/ 'MENT J DATE: TITLE: 08/26/03 HORIZONTAL SCALE: ,. .. 2000' VERTiCAl SCAlE: N/A _S *** OR: 3424 PG: 0368 *** , ~ ~" / ./ / \. \. EXHIBIT D: FERN STREET RELIEF SYSTEM SEe: TWP: RGE: CROSS REfERENCE FILE NO.: PROJECT NUMBER: N0229-022-003 rd!::lt:: '"+L VI '"+L I ~L INDEX NUMBER: D-N0229-74-D SHEET HUlA9ER: 2 OF 2 Agenda Item NO.1 OH March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the purchase of Property insurance for the period April 1 , 2007 through March 30, 2008 in the amount of $4,596,397. OBJECTIVE: To gain approval from the Board of County Commissioners (Board) to purchase Property Insurance for the period April 1, 2007 through March 30, 2008 in the amount of $4,596,397. CONSIDERATIONS: Pursuant to Florida Statutes 768.28 and 440, the Risk Management Department operates two risk management funds (Fund 516 and Fund 518) to finance its Property, Casualty and Workers' Compensation insurance programs. The purchase of Property Insurance is part of this program. The expiring property Insurance program renewed on October 1, 2005. At that time, the County purchased a coverage period of eighteen months to lock in advantageous pricing and coverage terms for as long as possible and to move the renewal date out of the hurricane season to avoid potential coverage gaps. The program renews on April 1, 2007. Given the volatility of the property insurance market in 2006, it is estimated that this eighteen month purchase saved the County $1,171,386 through avoided pricing increases on October 1, 2006. .-." Overall premiums are based upon total reported property values. One method to avoid the overpayment of premium is to develop an accurate property schedule. Therefore, the firm of Hirons and Associates was hired to complete an appraisal of County property. The appraisal process resulted in a reduction of appraised values of approximately $150,000,000 and thus, had a positive effect on premiums paid at renewal. The expiring Property Insurance structure is a layered program and includes limited Flood coverage. Total limits purchased are $275,000,000. The expiring property insurance deductible is $50,000 for all perils other than named storms. The named storm deductible is 2% per building subject to a minimum of $100,000 per named storm and a maximum of $2,500,000 per named storm. Additional Flood coverage is purchased through the National Flood Insurance Program on properties in flood zones and vulnerable areas to comply with the provisions of the Stafford Act. The renewing Property Insurance structure is a layered program and includes limited Flood coverage. The underwriters prepared four probable maximum loss studies which indicated that the probable maximum loss for County property would range from $114,000,000 to $161,000,000 for a 500 year storm. Thus, it is recommended that $150,000,000 in total limits be purchased. The property insurance deductible is $50,000 for all perils other than named storms. The named storm deductible is 5% per building subject to a minimum of $250,000 per named storm with no cap available. Additional Flood coverage is purchased through the National Flood Insurance Program on properties in flood zones and vulnerable areas to comply with the provisions of the Stafford Act. Finally, staff reviewed the terrorism coverage being offered and found that it excludes acts of foreign and domestic terrorism. Separate stand alone terrorism insurance quotes were sought -- Agenda Item NO.1 OH March 27, 2007 Page 2 of 3 and it is recommended that terrorism coverage be purchased. The deductible per occurrence for terrorism coverage is $100,000. The significant highlights of the property insurance renewal for FY 2007 are as follows (annualized): Item 2006 2007 % Chg Total Insured Values $935,767,537 $783,042,918 -16.3% Limits Purchased (Loss Limit) $275,000,000 $150,000,000 -45% Rate per $100 $0.3868 $0.555 +48.6% Deductible- Perils Other Than Named Storm $50,000 $50,000 No Chg Deductible- Named Storm $100,000 Min, 5% per $2,500,000 building with Max $250,000 Min Deductible- Per Building Named Storm 2% 5% Total Property Insurance Premium (including $3,619,619 $4,391,397 +18% Florida Hurricane Catastrophe Fund Surcharge of $45,509) Terrorism Coveraqe (includes Domestic) NA $205,000 NA Total Premium $3,619,619 $4,596,397 +26% To summarize, the rate per $100 is increasing by approximately 48.6%. However, the aggregate cost of property insurance coverage is increasing by 18% as a result of lower insurable values (resulting from the appraisal completed) and lower limits purchased commensurate with the probable maximum loss studies demonstrated. The largest change comes in the named storm deductible which is increasing from 2% to 5% and which changes from a $2,500,000 maximum cap to no cap. By comparison, entities such as the City of Naples and Lee County are paying rates of approximately $0.90 and $0.86 per $100 respectively. Each of these entities also received similar named storm deductible terms. FISCAL IMPACT: Funds have been budgeted within Fund 516 for the purchase of coverage as outlined in the executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approves the purchase of property insurance as outlined in the executive summary and authorizes the Risk Management Director to complete those applications or other documents necessary to bind coverage and services effective April 1 ,2007. PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Department ,~- Item Number: Item Summary: Meeting Date: Agenda Item No. 10H March 27. 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Recommendation to approve the purchase of Property Insurance for the period April 1 2007 through March 30, 2008 in the amount of 54,596.397 (Len Pflce, Administrator AdministratIve Services) 3/27/200790000 AM Date Prepa red By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Risk Management 3113/20078:52:09 AM Date Approved By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Risk Management 3/13/200710:51 AM Administrative Services Administrator Date Approved By Len Golden Price Administrative Services Administrative Services Admin. 3113/20073:06 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3114/20078:44 AM Laura Davisson Management & Budget Analyst Date Approved By County Manager's Office Office of Management 8. Budget 3/15120078:54 AM Approved B)' Michael Smykowski County Mannger's Office Man<lgernent & Budget Director Date Offlce ot Management &. Budget 3/15/20072:21 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/15/2007 9: 1 0 PM Agenda Item NO.1 01 March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to upgrade the 800 MHz radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc., now MIA-COM, for construction of the 800 MHz trunked radio system. The radio system utilizes specialized technology for control and operation of the sites serving the western portion of the County (simulcast sites). This technology has been operational for ten (10) years and is close to the end of its life and support cycle. This upgrade requires replacement of the central control point equipment. However, we have developed an upgrade plan that will modify a majority of system equipment installed at the various tower sites instead of replacement. The total cost of this upgrade is now $4,800,000, which is $300,000 more than the original estimate and the FY 07 project budget. Within the original budget we have been able to include expansion of the radio system infrastructure to accommodate future growth. This includes expanding the channel capacity of the system and expanding the total site capacity of the system. Currently the system supports six simulcast sites using fifteen channels. After the __ expansion the system will be able to accommodate twelve sites using twenty channels if our needs require it. Required modifications to existing tower site equipment shelters and the replacement of one modular equipment shelter have resulted in the additional expenses above the FY 07 project budget. This upgrade does not require replacement or modification of any radio equipment utilized by agencies using the radio system. FISCAL IMPACT: A Budget Amendment is needed to increase Loan Proceeds and the 800 MHz Project No. 50020 in the County-wide Capital Projects fund (301) in the amount of $300,000. On January 26, 2007 the Finance Committee approved the use of the Commercial Paper Loan Program in the amount of $4,800,000 for the 800 MHz Upgrade. A net loan amount of $4,800,000 is required for this upgrade; with fees and pre-paid interest a gross loan not to exceed $5,040,000 is recommended. Based on a 10 year commercial paper loan of $5,040,000, the estimated debt service payments for 6 months in fiscal year 2007 will be $633,500 and for a full year for FY 2008 will be $734,300. Another budget amendment will be needed to reduce the County Wide Capital Projects Fund Reserves in the amount of $633,500 to transfer funds to the Commercial Paper Fund (299) for current year debt service payments. These funds were specifically set aside for the debt service associated with this capital project. -- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. - Agenda Item No.1 01 March 27, 2007 Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners authorizes: 1) the purchase of equipment and services to upgrade the 800 MHz system using state contract pricing and standard terms and conditions; 2) the issuance of a Commercial Paper loan in a not-to-exceed amount of $5,040,000; 3) the necessary budget amendments; and (4) the execution of the standard form Commercial Paper loan agreement. PREPARED BY: John Daly, Telecommunications Manager, Department of Information Technology Item Number: Item Summary: Meeting Date: Agenda Item No. 101 March 27. 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $48 million and to finance the upgrade with a loan from the Commercial Paper LOBn Program (Len Price, Administrator, Administrative Services) 3127/2007900.00 AM Telecommunications Mlmager Date Prepared By John J. Daly Administrative Services Information Technology 3116120079:15:47 AM Telecommunications Manager Date Approved By John J. Daly Administrative Services Information Technology 311612007 9: 19 AM Barry Axelrod Information Technology Director Date Approved By Administrative Services Information Technology 3116120079:27 AM Scott Johnson Purchasing Agent Date Approved By Administrative Services Purchasing 3116/2007 10:35 AM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 3116/200710:45 AM Approved By Steve Carnvll Administrative ServIces Purchasing/General Svcs Director Date Purchasing 3/16/200710:45 AM Adll1inis.trative Assist.ant Date Approved By OMB Coonitmltor County Manager's Office Office of Management 3. Budget 3/16120073:49 PM Senior Management/Budget Analyst Date Aprroved By Susan Usher County Manager's Office Office of Management 8- Budget 3/19/20073:02 PM Michael Srnykowski Management & Budget Dm;o>ctor O;;te Approved By County Manager's. OffIce Office of Management 8. Budget 3119:20074:48 PM Arproved By James V. Mudd Board Of County Commissioners County Manager [Jilte County Manager's OffIce 3/19/2007 (.:47 PM _. - ,-.. Agenda Item No. 10J March 27, 2007 Page 1 of 50 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for the replacement of the existing Community Development and Environmental Services computer system. OBJECTIVE: To receive the Board of County Commissioners' (BCC) approval to award a contract to Municipal Software Corporation to replace the existing computer system used by Community Development and Environmental Services (CDES). The contract amount of 1.996 million dollars would be funded from previously Board approved and budgeted capital funding within CDES. CONSIDERA TION: Following the termination of the contract with the previous software replacement project vendor, CDES released a new highly detailed 150 page Request for Proposals (RFP) seeking potential vendors. A selection committee was formed consisting of representatives from each of CDES's seven departments, along with IT, Purchasing, and the Development Services Advisory Committee (DSAC). Six potential vendors responded to the RFP, and a series of on-site proof of concept trials and off-site visits were conducted to evaluate each company's software system. Following this detailed selection process, Municipal Software Corporation's CityView software system was determined to offer the best combination of functionality and cost effectiveness for the replacement of the 10 year old CDES existing computer software system. Full funding for this project remains in place from the original CDES software replacement project, and CDES does not anticipate the need for requesting additional funding now or at any time during this project. This existing funding will cover the 1.996 million dollar contract amount, and will also cpver associated additional project expenses such as hardware expenditures (servers), third party database conversion work, enhanced performance metrics functionality, and possible consulting services. These additional expenses are anticipated to be approximately $400,000. The Development Services Advisory Committee (DSAC) was briefed on the full scope and cost of this project at their March 7, 2007 meeting, and has endorsed this project on multiple occasions. Municipal Software Corporation's CityView software application offers CDES a variety of much needed functionality which will allow for more efficient processing of land use applications and building permits, and greatly improved management oversight of work processes. New, or vastly improved, capabilities brought by this potential land use and pennitting software application include the following: . Easy-to-use forms and reports that will speed up business processes. . Greatly improved reporting capabilities and related data management . Tracking of concurrency issues related to PUD build-outs and construction activity . Detailed tracking and reporting of individual application status through the entire review and permit issuance process . Full GIS integration, meshing GIS functionality with review and approval user screens ,-, Agenda Item No, 10J March 27, 2007 Page 2 of 50 . . Ability to easily revise workflows, develop new applications, and quickly adapt to mission changes . Access to and inclusion of various "best of breed" software applications . Full integration with SAP, performance metric applications, and other County applications During the project's fIrst attempted implementation of a new CDES software system, and again during selection and negotiation process for this current effort, it has become clear that this entire segment of the software industry specializing in local jurisdiction land use and permitting applications has experienced a variety of business challenges which have been ongoing for the past decade. Municipal Software Corporation, like other fIrms in this industry, has experienced organizational challenges over the past two years. The company was originally founded in 1982. More recently a majority share was purchased by a venture capital fIrm, changes in management and staffing were implemented, and Municipal Software Corporation has undergone over the past two years a reorganization to return the company to a long tenn profitable status. Collier County, assessing and understanding the risks involved in such an environment, has worked with Municipal Software Corporation in structuring a proposed contract that in large part mitigates Collier County's financial risks associated with this implementation. Of the contracts payment milestones, 95% are based on the successful testing and acceptance of software modules. Collier County will not make these 95% of payments until the software has been tested, deemed in full compliance with the contract, and has gone live. The contract also places the entire system code in escrow, with Collier County retaining full ownership if the project tenninates for any reason prior to acceptance (and payment). Also, Collier County reserves the contractual right to terminate the contract for any reason it deems as suffIcient to do so. FISCAL IMPACT: All funding required for this software contract, along with all needed associated software project expenses, has already been approved by the BCC and is part of the FY 07 budget. There is no additional fiscal impact of this request. GROWTH MANAGEMENT IMP ACT: It is anticipated that the implementation of a new software system will have a substantial positive impact on CDES's ability to effectively and expeditiously process and manage land use and building pem1it applications and business functions. LEGAL CONSIDERATIONS: The proposed contract and the related attached documents have been reviewed and approved by the County Attorney's Office. RECOMMENDATION: That the Collier County Board of County Commissioners award RFP 06-3962 to Municipal Software Corporation to replace the existing computer system used by Conm1unity Development and Environmental Services and authorize the chairman to sign the agreement on behalf of the County. PREP ARED BY: GalTett Mullee, Manager, CDES Business Management and Budget Office Item Number: Item Summary: Meeting Date: Agenda Item NO.1 OJ lvIarch 27. 2007 Page j of 50 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for tt~e replacement D~ the eXisting Community Development and Environmental Services computer system. [$199 million] IJoseph K SchmItt Administrator, Community Development and Environmental Services) 3/27/200780000 AM Financial Operations Manager Date Prepared By Garrett Mullee Community Development & Environmental Services Financial Admin. & Housing 3/9/;20073:58:53 PM Marlene Stewart Date Approved By CommuOlty Development & Environmental Services. Executive Secretary Community Development & Environmental Services Admin, 3114/2007 11 :02 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, 3114/200711:04 AM Garrett Mullce Financial Operations Manager Date App roved By Community Development & Environmental Services Financial Admin, & Housing 3114/20072:49 PM Contract Administration Manager Date App roved By Kelsey Ward Admrmstrativc Services Purchasing 3114120075:08 PM Approved By Joscpn V,. Schmitt Community Dnvelopment & Environmental Servi:::es Adminstmtor Date Envu'onmentaJ Services Community Deveiopment 8. Community Development & Environmentai Serviees AdmIn, 3/15/200711:11 AM Approved By Steve CMnell Administrative Services PLJrctl3singlGenerbl Svcs Director Date Purchasing 3115120073:38 PM OMB Coordln~{tor Adrrdrlisrrative Assistant Do.te App roved By COLJO!Y Manager'~ Office Office of Management & Budget 3/16/2007 7:43 AM Mark tS<ickson Bl~dget An.oiiyst Date Approved By Coumy Mani1gcr's Office Office Of Managemcnt & Budget 3/20/2007 8:21 AM Approved By Michae~ Smykowski County Manager's Office M!Hwgement & Bu(iget Director Date Ol'flet:: of r....i.:magement & Budget 3/20120075:14 PM County ~/lanager Uble Approved By Jame~ V. f'/:udd Board of County Commissioners County IVia/M.ger's Office 3/2012007 8:49 PM Agenda Item-N(r:-10J-~ March 27, 2007 Page 4 of 50 Contract 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) CONTRACTuAL SERVICES AGREEMENT TInS AGREEMENT (hereinafter the "Agreement") is made this day of , 2007, (the "Effective Date") by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, (hereinafter the "County"), and Municipal Software Corporation, a British Columbia incorporated company, with its principal place of business at 4464 Markham Street, Suite 1108, Victoria, BC, V8Z 7X8 (hereinafter the "Vendor"). The County and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties. " RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing business process automation and implementation services to public clients, is licensed in the State of Florida and is familiar with the scope of work of the County. B. The County desires to engage Vendor to render such services, as hereinafter described, for the New Divisional Software System for Community Development and Environmental Services (eDES) (the "Project") on the terms and conditions set forth herein. NOW, TIffiREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the Vendor agree as follows: OPERA TIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE VENDOR 1. En12aQ,ement of Vendor. The County hereby engages the Vendor, and the Vendor promises and agrees to furnish to the County, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services"). The Services are more particularly described in Exhibit A, RFP 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES), attached hereto and incorporated herein by reference. The Vendor agrees to perform Ll-te Serv'ices in accordance Vvith the terms and conditions of this Agreement, the exhibits attached hereto and incorporated ~ .~. '.: "~r_~"" ~~. .,'" '.;.lc:/ i ,'..,.... .cJ ;.v.~...",",,_, .~....,...."j.;.~.' ,;.,.-- l,~. Agenda Item Nc. 1 C": March 27, 2007 Page 5 of 50 herein by reference) and all applicable local. state and federal laws) rules and regulations in effect at the time the Services are provided. 2. Performance of the Vendor: Standard of Care. The Vendor accepts the relationship of trust and confidence established between the County and the Vendor by the terms of this Agreement. The Vendor covenants with the County to perform all Services under this Agreement in a skillful and competent manner, consistent with or in excess of the standards of skill, quality and care adhered to by recognized professionals in the same discipline in the State of Florida while performing services of a like or similar nature under like or similar circwnstances. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall consider all recent proven and tested methods known and successfully employed by recognized professionals in the same discipline in the state of Florida. Vendor shall also cooperate with the County and any other consultants or contractors engaged by or on behalf of the County in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the County and the professional standard of care set forth in this Agreement. SECTION II RESPONSffiILITIES OF THE VENDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-Vendors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The County retains Vendor on an independent contractor basis and not as an employee of the County. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability illsura....'1Ce, a....'1d workers' compensation insurance. '~~~J~..'~:', :;.>,... ~..O':_!~~ t"'.. ;",\:,,'-, I . >>""".~ /-'lgelloo :ltJlll r~u, ,C..: iviarch 27, 2007 Page 6 of 50 3. Vendor's Proiect Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor's representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the County at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor's persOlUlel, as well as the satisfactory coordination of all portions of the Services under this Agreement. The Vendor designates David Gray to be its Project Manager, but reserves the right to appoint another person as Project Manager upon written notice to the County. 4. Key Personnel. Vendor has represented to County that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of County. As discussed below, any personnel who fail or refuse to perform the Services in a marmer acceptable to the County, or who are determined by the County to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by tbe Vendor at the request of the County. 4.1 Attached as Exhibit F is a listing of all key personnel Vendor intends to assign to the Project to perform the Services required hereunder. All personnel identified in Schedule F shall not be removed or replaced without County's prior written consent. 5. Personnel: Licenses. The Vendor represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified, authorized and permitted under state and local law to perform such Services. The Vendor shall be responsible to County for any errors or omissions in the execution of the Services under this Agreement. The Vendor represents and warrants that it and all personnel and sub-Vendors engaged in performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement. The Vendor further represents and warrants that it, its employees and sub-Vendors shall keep in effect all such licenses, permits, qualifications and other approvals during the term of this Agreement. Any personnel performing Services under this Agreement who are determined by the County to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, or any personnel who fail or refuse to perform the Services in a manner acceptable to the County, shall be promptly removed from the Project by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 6. Time of Performance. The Services to be performed by Vendor under and pursuant to this Agreement shall be completed as directed by the County's Project Administrator by November 1,2008 ("the Completion Date") and shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the County for all or any designated portion of the Project and shall be performed a.l1d completed in accordance with the Project Implementation Schedule attached hereto and made a part I l. ~:,;'...~,,-'" I I I Agenda Itel' I ~qo. 10J March 27,2007 Page 7 of 50 hereof as Exhibit II, unless earlier terminated as provided herein, or as may be modified by mutual 'Mitten agreement. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. 7. Software License and Support AlZTeement. The vendor will provide the software licenses identified in Exhibit B for the County's use as governed by its Software License and Support Agreement, a copy of which is attached as Exhibit C. 8. Escrow Agreement. The vendor has provided for a software escrow agreement, a copy of which is attached as Schedule B to Exhibit C, which provides for access to software source code under certain circumstances that are defined in the agreement. For purposes of this Agreement the term "Source Code" shall mean the source code or codes of the Application Software including all updates, revisions, releases or new versions of the source code to correspond with all updates, revisions, releases or new versions of the Application Software which are provided to Collier County by the Vendor from time to time, and shall include supporting documentation in sufficient detail to enable Collier County to use, support, maintain and enhance the Application Software. 9. Consistency with County Policies. The Vendor shall discuss and review with the County Project Manager in advance of all critical decision points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the goals and policies of the County. 10. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable County, county, state, and federal laws, rules and regulations in effect at the time the services are provided. 11. Insurance. Without limiting the Vendor's indemnification obligations, the Vendor shall obtain, provide and maintain during the term of this Agreement, at its own expense, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the County. Vendor shall also require all of its sub-Vendors to obtain, provide, and maintain insurance which meets the same requirements contained herein. A. Prior to the commencement of the Services, the Vendor shall provide evidence satisfactory to the County that it has secured the follo"Wing types and amounts of insurance: (1) Workers' compensation insurance covering all employees and principals of the Vendor, Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements in a minimum amount of $1 million per accident; (2) Commercial general liability insurance (Occurrence Form) patterned after the current 1.S.0. occurrence form with no limiting endorsements, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $2 million per occurrence . ":'~~.;~~,i ";,;",0..". "T...,>r..,., /\;;cnd;) !t:::m ~Jc. ~ OJ . March 27, 2007 Page 8 of 50 for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form. with a general aggregate limit is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering "any auto", Owned/Non-ownedIHired Automobile included, with a minimum limit of $1 million combined single limit per accident for bodily injury and property damage. (4) Errors and omissions professional liability insurance appropriate to Vendor's profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. B. The commercial general liability and automobile policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the County to add the foIloVl-1ng provisions to the insurance policies: (1) the County, its officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the County, its officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor's scheduled underlying coverage. Any insurance or self-insurance maintained by the County or its officials, officers, employees or agents shall be excess of the Vendor's insurance and shall not be called upon to contribute with it in any way. C. All policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the County to add the following provisions to the insurance policies: (1) coverage shall not be suspended, voided, canceled or reduced by either party except after thirty (30) days prior notice has been given in writing to the County; provided, however, in the case of non-payment of premium, ten (10) days notice will be provided; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the County, its officials, officers, employees and agents. D. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the County, its officials, officers, employees and agents. E. Any deductibles or self-insured retentions, or any revisions thereto made during the time such insurance is required to be maintained pursu~~t to this Agreement, must be declared to and approved by the County. If such deductibles or self- - l'~"O:> ,...,...~ . ,. /',9:"00 Item ~JG. 10J March 27, 2007 Page 9 of 50 insured retentions are not acceptable to County, Vendor shall meet with County to determine an acceptable solution, such as, but not limited to: (1) reducing or eliminating such deductibles or self-insured retentions as respects the County, its officials, officers, employees and agents; or (2) Vendor's procurement of a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. F. All Insurance is to be placed with insurers with a current A.M. Best's rating no less than B+: VIII, licensed to do business in Florida, and satisfactory to the County. G. Vendor shall furnish County with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the County. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the County if requested. All certificates and endorsements must be received and approved by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Vendor shall give to the County prompt and timely notice of any claim made or suit instituted arising out of the Vendor's operation hereunder. The Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of the Services. 1. The Vendor shall include subcontracting Vendors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each sub- Vendor. It is understood that additional insureds are not possible on the Vendor's errors and omissions professional liability policy. All coverage for each sub- Vendor shall be subject to the requirements stated herein. 12. Prohibition Ag:ainst Transfers. The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the County. Any attempt to do so without the prior written consent of the County shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 13. Progress. The Vendor is responsible to keep the County Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities perfom1ed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. 14. Confidentiality. No news releases, including photographs, public announcements or confirmations oft.he same, of any part oft.'I},e subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the County, such I I _ ~,~. ".;> i ,^,gcn:l:: ~tcm ~Jc. -; 0': March 27, 2007 Page 10 of 50 consent to not be unreasonably withheld, and provided in a timely manner. The information which results from the Services in this Agreement is to be kept confidential, unless the release of information is authorized by the County. All Report Materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of County, by used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has become known, to the related industry, shall be deemed confidential. Vendor shall not use County's name or insignia, photographs of the Project, or any information pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar mediwn without the prior written consent of County. This section is subject to the requirements of the Florida Public Records Act, Chapter 1 19, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat. 15. No Set HourslRicl1t to Contract. The Vendor's obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the County in achieving the results and meeting the goals established pursuant to this Agreement. 16. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of County during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date affinal payment under this Agreement. 17. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. SECTION ill RESPONSIBILITIES OF THE COUNTY 1. Cooperation. The County shall cooperate with the Vendor relative to the provisions of the Services. To the extent permitted by applicable law, the County shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor's use during the performance of Lhis Agreement. The County shall render decisions required by t...~is Agreement within the time indicated, or if not specifically stated, with reasonable .,";, ~ .{~~. Agenda Item No. lOJ March 27, 2007 Page 11 of 50 promptness so as not to unduly delay the progress of Vendor's Services. 2. County's Proiect Manager and Proiect Staff. The County shall designate and assign a County project manager ("County Project Manager") who shall have full authority to represent and act on behalf of the County for all purposes under this Agreement The County Project Manager, or his/her designee, shall be the principal officer of the County for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order Requests. In addition, the County Project Manager shall ensure proper and timely availability of all County personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT staff, Subject Matter Experts. The County designates Gary Mullee to be its County Project Manager, but reserves the right to appoint another person as County Project Manager upon written notice to the Vendor. 3. Proiect Plan. The County shall be responsible for meeting specific milestones and providing specific' deliverables that will be defmed and mutually agreed to in the Project Plan. Should the County fail to meet the agreed milestones or to provide the agreed deliverables, the Vendor will inform the County of the consequences thereof and reserves the right to modify the project plan accordingly. 4. Application Software Acceptance Testing. Shall be in accordance with acceptance testing criteria outlined in Exhibit E. 4.1 Review and Correction. Collier County will either (i) notify Vendor in writing that the Application Software meets the Acceptance Tests and is accepted by Collier County, or (ii) notify Vendor in writing that the Application Software fails to meet the Acceptance Tests. Collier County shall be deemed to have accepted the phase of the Application Software in the event no written notice of acceptance or deficiencies is provided to Vendor on or before expiration of the aforesaid acceptance test period. 4.2 Time period for correction. If Collier County notifies Vendor that the Application Software does not satisfy any or all of the Acceptance Tests, Collier County will set forth a list of the errors or omissions which have caused the Application Software not to meet the Acceptance Tests to the extent known by the Collier County. After notification of a failure of the Application Software to meet the Acceptance Tests, Vendor shall have twenty (20) business days from the date that Vendor receives the list of errors and omissions to modify or improve the Application Software to meet the Acceptance Tests. The Application Software will then be retested in the same manner. Collier County shall not be required to allow the acceptance testing to proceed for more than two (2) twenty (20) day periods. 5. Statement of Completion. Providing that project milestones have been met, the_County shall not unreasonably withhold signature of a statement of completion within thirty (30) days after go-live for each project phase that has been accepted by the COtL.'1ty. ~'d. ~~~::::..~\:._~_. . . , . . ~r:".;"".; ;"~~il'~d :~2;til ~~U. ~:'J March 27. 2007 Page 12 of 50 SECTION IV COMPENSATION 1. Compensation. In consideration of the performance by Vendor of the Services, the County shall pay to the Vendor compensation at the rates set forth in Exhibit B, Payment Milestones and Deliverables, attached hereto and incorporated herein by reference. Total compensation under this Agreement shall not exceed $1,996,272.00 (one million nine hundred ninety six thousand two hundred seventy two dollars) without written approval of the County's Project Manager (the "Compensation"). 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing in the form of a Change Order signed by both parties prior to the commencement of the extra service. The County shall pay the Vendor for extra service as mutually negotiated by the parties. As used herein, "Extra Service" means any work which is determined by County to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. IncentiveIDisincentive Pavrnents: At a future time, the County may desire to expedite performance on this Contract. In order to achieve this, an incentive - disincentive provision may be established in the form of a written change order to the contract as mutually agreed upon by the parties. 4. Pavment of Compensation. The Vendor shall submit invoices to the County on a montWy basis, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The County shall pay the Vendor for the performance of this Agreement upon completion of the work as accepted and approved by the County's Project Manager or his designee. Payments shall be made to the Vendor when requested as work progresses, but not more frequently than once per month, less 10% retainage which shall be held by the County until satisfactory completion of the Vendor's work. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats. otherwise known as the "Florida Prompt Payment Act". 5. Reimbursements. Vendor shall not be reimbursed for any expenses unless authorized in writing by County. Such reimbursable expenses, if approved, shall include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project. Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit. 6. Disputed Sums. The County may withhold payment of any disputed portion of Compensation until resolution of the dispute vlith the Vendor. Such withholding by the County shall not be deemed to constitute a failure to pay by the County. The Vendor shall not have the right to allege a breach of this Agreement for failure to pay by the County and to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation is withheld hereunder. The County's Project Manager and the Vendor's Project Manager shall attempt to promptly resolve Lhe dispute. The Vendor shall have an immediate right to appeal to the County Manager with respect Ageftfia-ttem-No. 4 OJ March 27. 2007 Page 13 of 50 to withheld amounts. The determination of the County Manager with respect to such matters shall be final, subject to the mediation provisions provided herein. The Vendor shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the Vendor at the rate of seven percent (7%) per annum, simple interest. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. 7. Mediation. Should any dispute arise out of the termination or abandonment of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, Judicial Arbitration and Mediation Service (JAMS) or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The mediation shall take place in Naples, Florida. i L The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action arising out of the termination or abandonment of this agreement without fIrst meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 30 days, unless the parties extend the maximum time by mutual agreement. SECTION V EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an "Event of Default": A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the County gives the Vendor written notice of the failure and the specifIc nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision ofthis Agreement. 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Vendar, the County shall. have the right to terminate this Agreement upon written notice to the Vendor. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date. L_ .-.....> "-",.: ~. .... ~...,...,;,. '- ..-' :'\;::n::: :t:::;~~. ;'L:. : C~ March 27, 2007 Page 14 of 50 4. Payment Upon Termination. Upon a termination of this Agreement, the Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date ofterminatioIl, together with any retainage withheld. The Contractor 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. 5. Termination by Vendor. Vendor may terminate this Agreement only upon the substantial breach by the County of a material provision ofthis Agreement. VI GENERAL PROVISIONS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affIliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the follo\\wg; employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 2. County's Rights to Employ Other Vendors. The County reserves the right to employ other Vendors in connection with this Project. 3. Conflicts ofInterest; Prohibited Interests. A. Vendor 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. Vendor further represents that no persons having any such interest shall be employed to perform those services. B. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, County shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of County, during the term of his or her service with County, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior \vntten consent of the County. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in t.1-}is Agreement. ...{i-:':....":..~ ,^,gcnj~ ltcIT', ~J::.. -: C.; March 27, 2007 Page 15 of 50 5. W aiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing and shall be deemed duly served if mailed or faxed to the following addresses or such other addresses as the parties may designate by written notice: To the County: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Attention: Stephen Y. Carnell Purchasing and General Services Director Fax: 239-530-6584 To the Vendor: Municipal Software Corporation Suite 1108, 4464 Markham Street Victoria, BC V8Z 7X8 Attention: lain McLean, CEO Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Governing: Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in Collier County, State of Florida L "',gel'''':d :b". r~v. IOJ March 27, 2007 Page 16 of 50 11. Days. Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days. 12. Entire Agreement. This Agreement contains the entire agreement of the County and the Vendor, and supersedes any prior or written statements or agreements between the County and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 13. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective parties. 14. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 15. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 16. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 17. CooperationIFurther Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 18. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 19. Component Parts of This Agreement. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Vendor's Proposal, Insurance Certificate(s), RFP #06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) Terms and Conditions, Specifications/Scope of Services and Addendum. Incorporation of Recitals and Exillbits. A. The "Recitals" constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. B. The "Exhibits" constitute a material part hereof, and are nereby incorporated into the Agreement by reference as though fully set forth herein. Exhibit A: Scope of Services Exhibit B: Payment Milestones and Deliverables I I I j,gcnds Iterr. nJ. 10J March 27,2007 Page 17 of 50 Exhibit C: Software License and Support Agreement Schedule B - Escrow Agreement Exhibit D: CityView Standard Support - Service Level Agreement Exhibit E: Application Software Acceptance Testing Criteria Exhibit F: Key Personnel Exhibit G: Appendix C - IT Department Standard and Operating Procedures Exhibit H: CityView Implementation Schedule 20. References. All references to the Vendor shall include all personnel, employees, agents and sub- Vendors of the Vendor. 21. Subiect 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. 22. Immigration Law Compliance: By executing and entering into this agreement, the Vendor 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 V.S.c. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor 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. 23. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to Vendor extending the terms and conditions of this contract to other governmental entities at the discretion of the Vendor. These terms and conditions only apply to the Operative Provisions agreed upon between Collier County and Vendor. Vendor reserves the right to negotiate contract price, payment milestones and project schedule at its sole discretion with any other Government Entity that wishes to exercise this offer. Vendor hereby further agrees that for each entity given written approval by the County to utilize this option, Vendor shall provide the County a check in the amount of 1.5 percent (1.5 %) of the total annual purchases made lU1der each entity's contract. Vendor shall be required to provide yearly documentation of such entities' total annual purchases in a form approved by the County. ,.:t . .......':...~-_....". ~ --- P\';]enda +tSj I j r ~CJ. 1-8~ f\/iarch 27. 2007 Page 18 of 50 IN WITNESS WHEREOF, the Vendor and the COlmty, 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: Dated: (SEAL) By: James Coletta, Chairman Municipal Software First Witness By: Signature tTypdprintwimessnamet Second Witness lain McLean, Chief Executive Officer tType/print \\r:imess name t Approved as to form and legal sufficiency: Assistant County Attorney Print Name :bit..:...,f. .'w 1~~~:'f......4.7o!'__~,: ! /\g::;nd::; ~t8n^; ~Jc. : 0'; March 27, 2007 Page 19 of 50 Exhibit A Scope of Services As identified in RFP 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) ...:, ..... , ." ;,....'.; :J... :'\;r=~;-,:c ~:~. d ~~.... ~ =~ March 27, 2007 Page 20 of 50 Exhibit B Pa ment Milestones and Deliverables . . SdftWare u6~i~sing :~,:~I~~::~:f~~:1~fl~r~~':_I_ :..' Software Ucenses Indude: 225 CityView Application Client - Desktop 1 CityView Application Client - Browser 1 CityView Server 150 CityView GIS Extensions 1 CityView Application Builder 1 CityView XML Web Services Extension PreBuilts: 1 CityView Property Information 1 CityView Permits & Inspections 1 CityView Code Enforcement 1 CityView Planning 1 CityView Licensing 1 CityView Cashiering Mapping Products: Unttd ArcReader 15 Named Seats ArcEngine MSC will: . Set up as a cnent on FTP site . Provide documentation to download the latest version of CityView off the FTP site . Send the licensing key for CityView Licenses . Provide documentation to download the PreBuilts from the FTP site , ,;.r':;);n.~1;~1~~~)~\1..~r::i;'E':;:':;' Payment'Mllestone "-' '-_' ~_;~.r~g!::,{?~i~~:~i~'~~:h:t:; $ 700,000.00 To be invoiced at each module acceptance, as per this schedule License cost not to exceed $900,000 for 3 years should Collier have additional license needs and wish to convert to a site license. User licenses are for concurrent usage. ASM (excluding User Conference) ASM User Conference Option Provides: . All major and minor software upgrades . Unlimited technical support; . Unlimited access to the Municipal Software FTP site . Unlimited access to the Municipal Software Knowledgeshare Prepaid attendance at the annual User Conference for 4 attendees, including all registration, travel, accommodation and meal costs; $ 134,000.00 $ 6,000.00 it~~~.tit.~}i~rl9ne ~.~; ',. -..,.. " Due in full following completion of last module .and warranty period Optional, not included in total pricing ""IU ,~ IV.,) Mal-ch 27, 2007 Page 21 of 50 1_. Contract Approval Initial Contract Payment $ 93,817.00 Invoiced at approval Review of existing analysis from prior Business Process Review & Review of project; Review of existing systems; Validation of outstanding analysis Intertace Requirements estimates. Review or provide Process Flow Diagrams (PFD's). Three days of onsite SME Training $ t,450.00 Due upon completion of $ME Training with up to 4 students per day for Training. each PreBuilt. Project Kickoff Data Collection (oosite-to be Onsite meeting to kick off the project scheduled concurrently with SME Training) and collection of required data. On-site requirements analysis Gap-to-Product-Analysis workshops and off-site documentation of Code Enforcement, Cashierina, and Licensina PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates: identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling Project Plan Fine Tuning mechanisms; review of plan; joint plan agreed Convert both data into the Client Initial Dala Conversion database. Validate data conversion with client and test environment Configuration, Customization and Report Configure PreBuilts based on Client Building Information provided in the Worksheets. Integration-Interface Design and Integration with 3rd party systems Implementation Services Setup environments (production & Installation (remote) test) on client site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. 1 day course for System Administrators. 1 day course on System Administrator Training, Designer designing forms and creating new $ 10,560.00 Due upon completion of Training and Report Writer Training applications with CityView Training. Application Builder. 1 day course on creating new forms. Includes Travel Validate Initial configuration with the Fine-tuning and Validation client onsite and implement any refinements arising out of the validation. Test against test scripts. In scope System Testing fixes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current data into client database for go-live. Must be the same scripts Deployment Preparation used in initial data conversion. Data must be verified by both MSC and Client before go-rIVe. Sign off required. User Training Module Acceptance f. 1.1- ....._ ~" ' i'v1arch 27, 2007 Page 22 of 50 Onsite training for users of the PreBuilts: . Code Enforcement (4 days, 40 students) . Licensing (1 days, 10 students) . Cashiering (2 days, 15 students) Due upon completion of Training. $ 24,318.00 Client testing and acceptance process $ 392,092.00 Due upon acceptance - Business Process Review & Review of Interface Requirements SME Training Project Kickoff Data Collection (onsite-to be scheduled concurrently with SME Training) Gap-te-Prod uct-Analysis Project Plan Fine Tuning Initial Data Conversion Configuration, Customization and Report Building Review of existing analysis from prior project; Review of existing systems; Validation of outstanding analysis estimates. Review or provide Process Flow Diagrams (PFD's). 2 days of onsite SME Training with up to 4 students per day for each PreBuilt. $ 6,804.00 Due upon completion of Training. Onsite meeting to kick off the project and collection of required data. On-site requirements analysis workshops and off-site documentation of Planning & Property and PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates; identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling mechanisms; review of plan; joint plan agreed Convert both data into the Client database. Validate data conversion with client and test environment Configure PreBullts based on Client Infonnation provided in the Worksheets. ---'=-'--~ InstaRatlon (remote) Fine-tuning and Validation System Testing Deployment Preparation User Training Module Acceptance i\gondJ Item r Je. 1 ~J March 27, 2007 Page 23 of 50 Setup environments (production & test) on dient site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. Validate initial configuration with the client onslte and implement any refinements arising out of the validation. Test against test scripts. In scope ftxes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current data into client database for go-live. Must be the same scripts used in inftial data conversion. Data must be verified by both MSC and Client before go-live. Sign off required. Dnsite training for users of the PreBuilts: . Property Information (2 days, 10 students ) . Plannin 8 da S, 75 students Cflent testing and acceptance process $ 28,854.00 Due upon completion of Training. $ 378,176.00 Due upon acceptance Business Process Review & Review of Intelface Requirements SME Training Project Kickoff Data Collection (onsite-to be scheduled concurrently with SME Trainin ) Gap-to-Product-Analysis Project Plan Fine Tuning 1:-.. ~~~ ,~~';",;...:; .:.: Review of existing analysis from prior project; Review of existing systems; Validation of outstanding analysis estimates. Review or provide Process Flow Diagrams (PFD's). Two days of onsite SME Training with up to 4 students per day for each PreBuilt. Onslte meeting to kick off the project and collection of required data. $ 6,804.00 Due upon completion of Training. On-site requirements analysis workshops and off-site documentation of Permitting, and Ucensing PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates; identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling mechanisms; review of plan; joint plan agreed Initial Data Conversion Configuration, Customization and Report Building Integration-Interface Design and Implementation Services Installation (remote) Fine-tuning and Validation System Testing Deployment Preparation User Training Module Acceptance j\ .....,-.!~ A r, I '-~ r\~arch 27. 2007 Page 24 of 50 Convert both data into the Client database. Validate data conversion with client and test environment Configure PreBuilts based on Client I nformation provided in the Worksheets. Integration with 3rd party systems Setup environments (production & test) on client site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. Validate initial configuration with the client onsile and implement any refinements a rising out of the validation. Test against lest scripts. In scope fixes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current dala into dient database for go-live. Must be the same scripts used in initial data conversion. Data must be verified by both MSC and Client before go-live. Sign off required. Onsite training for users of the PreBuilts: . Permits & Inspections (9 days, 90 students) . Licensing (1 day, 10 students) $ 33,012.00 Due upon completion of Training. Client testing and acceptance process $ 406,202.00 Due upon acceptance !' AY\;;IIlJct 1 I\;;[( I I~u. 10J March 27, 2007 Page 25 of 50 Exhibit C , Software License and Support Agreement Schedule B - Escrow Agreement .> - ~ -.. "-.j. " f;. . I' ~~ L~r--l S"'IIUCl "<:;11', 0. I . f\1arch 27. 2007 Page 26 of 50 DC M unl'Clnal SOFT,t;\ H SOFTWARE LICENSE AND SUPPORT AGREEMENT 1. LICENSE; . Municipal Software Corporation (hereinafter called 'MUNICIPAL') hereby grants to the person or corporation who purchased this Ucense (hereinafter called the 'Ucensee') a non-transferable, non-exctusive license to: (a) Use the CilvView application software (hereinafter called 1he 'PROGRAM'), containing the system modules described In Schedule "A" attached to this document The PROGRAM is in "use" on a computer when it is loaded into temporary memory (l.e., RAM) of that computer. (b) Copy the PROGRAM Into any machine readable or printed form for back-up, archival or modification purposes In support t::Ilhe licensee's use of the PROGRAM on the computer system PROVIDED TIiAT: 0) the Licensee shall maintain a record of the number and location of coples made; and (ii) the copies, together with the original, shall remain the property of MUNICIPAL; (e) Modify the PROGRAM or merge it with another program for the Licensee's use on any single machine PROVIDED THAT: (i) any portion of the PROGRAM modified or merged into another program shall continue to be subject to the terms and condltJons of the Agreemen~ and (ii) upon termination of this Agreemenl the PROGRAM or portion thereof shall be completely removed from the modified or merged program and destroyed or returned to MUNICIPAL at the request of MUNICIPAL. 2. SUPPORT In consideration of payment of the annual support and maintenance fee. MUNICI PAL will provide: (a) Priority response on support requests regarding licensed programs (and PROGRAM updates), (b) Application support will be provided at no additional charge whenever MUNICIPAL delivers a set of custom built CilyVleW applications to the Licensee. This support service is not to be confused with the stamlard Technical SuPPOrt Services that are provided by MUNICIPAL This support is not available once the Licensee makes any alterations, additions or deletions to the application and is to be limited to: (I) IMthln the !iniil two weeks of delivery, all support questions are directed to the developer(s) Involved with the application development. These may Include questions of functionality. operabinty. explanation of how business processes have been implemented, and any questions of warranty. These questions may be posed at any time between 8:30AM and 4:30PM Pacffic Time, Monday through Friday; (ii) After the first two weeks of delivery, but stili within a month of delivery, it is requested that wherever possible questions are queued and consolidated so that an appointment with the application developer(s) may be booked. This will allow for the best possible use of time for everyone involved; (Hi) After the first month of delivery, all questions should be asked through the normal technical support process. If the support issue requires assistance trom the application developer(s), the technical support analyst will draw upon those resources as is required; (e) Telephone support for licenses described in Schedule 'A" between the hours of 8:30AM and 8:30PM Eastem TIme. Monday through Friday; (d) Remote diagnosis of operational issues related to the PROGRAM and PROGRAM updates. provided that the Licensee has obtained, at its cost, the necessary software. hardware and instruction to allow MUNICIPAL to provide such assistance. (e) PROGRAM updates for licensed programs at no extra charge except for magnetic media and courier costs, these updates to include minor changes, enhancements, improvements. and problem resolutions (excludes all )(press Licensees); In consideration of the services set out above, the Ucensee agrees to pay for each Licensed User installation, the software maintenance charge which shall be submitted by MUNICIPAL no later than one month prior to the dale of expiration as specified in Schedule 'A' (excludes all Xpress Licensees). 3. ACCESS TO PROGRAM SOURCE CODE (excludes all Xpress Licensees) MUNICIPAL acknowledges that it has entered into an agreement (hereinafter called the . Escrow Agreement") wtth Jones Emery Hargreaves Swan, Barristers and Solidtors. having an office at Suite 1212 - 1175 Douglas Street in the City of Victoria, in the Province of Brilish Columbia. A copy of the Escrow Agreement is attached hereto as Schedule 'B'. Said Escrow Agreement proviaes that a Licensee may gain access to program source code for purposes of maintaining and supporting their PROGRAM iicenses all as provided in the Escrow Agreement MUNICIPAL agrees that for so long as this Software License and Support Agreement is in effect it will deposit and periodically update, at MUNICIPAL's sole cost, a copy of the current version of the PROGRAM source code for all programs for whi::r, the Licensee holds licenses as described Jl1 Schedule "A" attached hereto in Escrow. MUNICIPAL further agrees that for so long as this Software License and Support Agreement is in effect it will take no steps or actions which would have the effect of modifying or elimirlating the Escrow Agreement without first having receIved written permission from the Licensee to so do. 4. TERM This Agreement Is effectlve upon instanation and/or payment of the license fee and shall remain In effect for the term set out In Schedule "A' attached hereto, and upon expiry of the initial term shall automaticany renew for an identical term upon payment of the annual support and maintenance fee for the renewai term uniess terminated by either party in a=rdance with the terms contained herein. The Licensee may terminate this Agreement upon the giving , '.lwL~.. A~t:IIJd Itelll r~U. I GJ March 27,2007 Page 27 of 50 of not less then sixty (60) days wr1tten notice to MUNICIPAL prior to each anniversary date of this Agreement. The Licensee may alSo terminate this Agreement provided that MUNICIPAL is In braach at this Agreement and MUNICIPAL haI. not res~ to the Licensee wfthin thirty (30) day~ from the date at the written request of the Licensee, which response did not reasonably Include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem. MUNICIPAL can terminale thl. Agreement ~ the Licensee i. in breach of this Agreement and fails 10 cure such breach within thirty (30) days Ilk written notice from MUNICIPAL. including for no~payment within sixty (60) days of invoice date. In case of teoninatlon, the Licensee shall at the request of MUNiCIPAL either: (a) Destroy the PROGRAM together with all CXlpies, modifications and merged portions, or (b) Return the PROGRAM together with all CXlples, modlfic:atlons, and merged portians to MUNICIPAL Upon termination the Licensee shall certify In wtiting that the original and all copies, modlflcatlons and merged portions in any loon have either been returned to MUNICIPAL or have been destroyed. Sections 5, 6, 7 and e shall continue on and survive notwithstanding termination of this Agreement. 5. MUNICIPAL'S PROPRIETARY RIGHTS . The grant of the License herein contained permits the limited use of the PROGRAM by the Licensee. T1tIe to end all property In the PROGRAM, Its name, logo and computer stored data shall remain exclusively with MUNICIPAL The Licensee hereby acknowledees that the PROGRAM is the property of MUNICIPAL, constitutes a MUNICIPAL trade secret, and egrees to exercise due care and diligence in safeguallllng the PROGRAM and MUNICIPAL's proprietary Interest The Licensee also acknowledges that any negligence or deliberate violation at this Agreement on its part which results in failure to protect MUNICIPAL's proprietary intarestln the PROGRAM shall actually and materially damage MUNICIPAL In order to ensure compliance with the terms of this Agreement. MUNICIPAL shall be entltled, upon reasonable notice to Licensae and llubject to MUNICIPAL's compliance with Licensee's reasonable security measures, to enter upon the Licensee's premises during normal business hours and require the Licensee to produce such infonnation, records and documents as may be required to ascertain compliance. MUNICIPAL may revise or upda1e the PROGRAM or its product from time to time but shall have no obligation to provide 5uch revi5ion or update to the Licensee. unless the licensee has paid in full the Annual Software Maintenance fee. 6. LIMITED WARRANTY MUNICIPAL warrants only that (a) the PROGRAM fumlshed, and all subsequent PROGRAM updates, shall function as set forth in the user documentation accompanying the PROGRAM; and. (b) the CD or diskette or cassette or magnetic tape on which the PROGRAM (including PROGRAM updates) is provided, shaM be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the Licensee as evidenced by the Uoensee's delivery receipt. Except as specifically provided above, MUNICIPAL expressiy disclaims all warranties in the PROGRAM, including, but not (imited to the implied warranties of quality or fitness lor a particular purpose. The Licensee assumes sole responsibility for the selection of the PROGRAM to achieve the Licensee's intended results, and for the installation. use and resuns obtained from the PROG RAM. 7. LIMITATIONS OF REMEDIES MUNICIPAL's entire liability and the Licensee's exclusive remedy shall be: (a) The replacement of any CD or diskette or cassette not meeting MUNICIPAL's "limited warranty" and which is retumed to MUNICIPAL wflh a copy of the Lioensee's receipt, or t (b) If MUNICIPAL is unable to deliver a replacement CD or diskette or cassette which is free of defects in materials or workmanship. the licensee may terminate this Agreemenf by returning the PROGRAM to MUNICIPAL for a refund in full of licensing fees only as long as such refund IS requested within three (3) months of the anniversary date of this Aereement In no event shall MUNICIPAL be liable to the Licensee for any damages, including any iost profits, lost savings, or other Incidental or consequential damages arising out of the use or inability to use the PROGRAM even If MUNICIPAL has been advised of lhe possibility of such damages. or for any claim by any other party. 8. INJUNCTIVE RELIEF The Licensee agrees that the breach of any term, provision or condition of this Agreement by the Ucensee may cause irreparable damage to MUNICIPAL in which case an award of damages may not be adequate relief to MUNICIPAL. Therefore, the Licensee agrees that in addiUon to all the remedies available to MUNICIPAL in the event of any breach of this Agreement by the Licensee, MUNICIPAL shall have the right to obtain timely injunctive relief to protect Its proprietary right. 9. GOVERNING LAW The validity and interpretation of this Agreement and each clause and part thereof shall be eovemed by the law of the Province of British Columbia without reference to principles of conflict of laws. 10. ENTIRE AGREEMENT This Agreement contains all the terms and cond~lons agreed on by the parties hereto with regard to the matters dean with herein, and no understandings or agreements, verbal or otherwise, exist between the parties except as herein expressly set out. 11. RIGHT TO ASSIGN This Agreement and the rights and liabilities hereunder shen not be assigned by the licensee unless consent In writing is obtained from MUNICIPAL. 12. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit at end be binding upon the respective successors and permitted assigns of the parties. 13. DELIVERY AND PAYMENT Acceptance of delivery uf payment oi the licenses or software maintenance consUtutes acceptance of the tenns of this Agreement ",~.:z:~~f;...- ~ ~ ..;;..".:.-:....;.::~ - F ..JI% Nm-- --.,\gerlu8 !lelll O. Vu March 27, 2007 Page 28 of 50 ! SCHEDULE B This is Schedule '6' attached to and made part of an Software License And Support Agreement dated (date) between Municipal Software (client). ESCROW AGREEMENT To: Jones Emery Hargreaves Swan Barristers and Solicitors Suite 1212 - 1175 Douglas Street Victoria, B. C. V8W 2El To: Each Declarant (as defined hereunder) 1. Upon receipt by Jones Emery Hargreaves Swan of a Statutory Declaration from the Declarant or an authorized officer of the Declarant containing the following provisions: (a) The Declarant is a party to a Municipal Software Corporation Software License and Support Agreement and the Declarant is not in default under the terms of the agreement; (b) The Declarant has requested in writing performance of the Software license and Support Agreement by Municipal Software Corporation; (c) Municipal Software Corporation has not responded in writing to the Declarant within 30 days from the date of the written request of the Declarant, with a response which did not reasonably include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem; (d) Notice of the Intention of the Declarant to exercise the provisions of the this Escrow Agreement have been served upon Municipal Software Corporation not less than 14 days prior to the date of execution of the Statutory Declaration; (e) The Declarant undertakes to copy the program source code, the subject of the Escrow Agreement, and to return the original to Jones Emery Hargreaves Swan and to use the program source code only for the purposes of supporting and maintaining Its Municipal Software Corporation software program for its own internal corporate purposes; Jones Emery Hargreaves Swan shall release to the Declarant the program source code as deposited by Municipal Software Corporation in a sealed envelope with Jones Emery Hargreaves Swan pursuant to this Escrow Agreement; 2. Municipal Software Corporation shall, during the term of this agreement, submit revised copies of the source code in a sealed envelope together with a list of the current approved declarants entitled to receive same subject to the conditions in (1) above. Such revisions shall be accompanied by a certificate from Municipal Software Corporation stating that: (a) The contents of the escrowed materials are complete and would be understandable and useable by a reasonably knowledgeable computer programmer. (b) The contents accurately reflect the most current version of the licensed programs by the Licensee, (c) The contents incorporate all changes made to the licensed programs or the source material from the previous time the escrowed materials were delivered to Jones Emery Hargreaves Swan under this agreement, (d) The contents contain a separate CD or diskette that contains the CityVlew License Key Generator Program with instructions for use, and, (e) The contents contain no passwords, or other device that would prevent or prohibit the use of the escrowed materials at any time. 3. Municipal Software Corporation will ensure that revised copies of the source code will be placed with Jones Emery Hargreaves Swan within thirty (30) days after the public release of a licensed Client W: ##### Printed: date fit:' .' ';~t:lIIJCl Ili:::HII r~U. lGJ March 27, 2007 Page 29 of 50 program or a licensed progrem updete. 4. Jones Emery Hargreaves Swan shall, upon receiving such a certificate from Municipal SoftwClre Corporation, notify each of the declarants mentioned in (2) above, by mail of such receipt. 5. It is understood that the duties of Jones Emery HargreClves Swan, as escrow holder are limited to those expressly set forth herein and, in addition to the carrying out of the escrow Instructions, are limited to taking reasonable care of the subject matter of this agreement. Jones Emery HClrgreaves Swan make no representations or guarantee as to the escrow materials and shall not be obligated to inquire Into the accuracy or completeness of the escrow materials or any declaration made hereunder. In the event that proceedings in a court of law arise in relation to the subject matter of this Escrow Agreement, Jones Emery Hargreaves Swan shall not be obligated to defend or enter an appearance and shall only be obligated to participate after the Declarant and Municipal Software Corporation have placed sufficient securIty for Jones Emery Hargreaves Swan's costs of such proceedings. 6. This agreement shall terminate ten (10) years from the date hereof, unless renewed by mutual written agreement. Jones Emery Hargreaves Swan may resign as escrow agent hereunder upon another party accepting the duties and obligations of escrow agent or upon providing the Declarant and Municipal SOftwClre Corporation with sixty (60) days advance written notice. DATED of at the City of Victoria, in the Province of British Columbia. this_ day ,20_. MUNICIPAL SOFTWARE CORPORAnON The terms of this agreement are hereby accepted by the firm of Jones Emery Hargreaves Swan Per: '- Robert E. Bennett, President Patrick C. Trelawny Client 10:##-##-## Printed: date r '. ~ " r- _1'".', VI IUd !....ll i I "l\.J. i vv March 27, 2007 Page 30 of 50 Exhibit 0 CityView Standard Support - Service Level Agreement ~'." ,. ,-' ~ - - \.. KSjendcrttem r~u. 10.; March 27, 2007 Page 31 of 50 EXHIBIT D . Municipal Software 4464 Markham Street, Suite 1108, Victoria, Be., V8Z 7X8 Canada ToJl-Free: 1.800665.5647 I Tel: (250) 475.6600 I Fax: (250) 475.6080 W\'>/w.MunicipaISoftvvare.com I Trading Symbol: TSX-V;MSZ CityView Standard Support Service Level Agreement property information I permits & inspections I planning code enforcement I licensing I cashiering I application builder ,;'.;.,.,,\.. ~,~n:;J I~d ll'dll J :'~u. ~ ':.~ f'J1arch 27, 2007 Page 32 of 50 II Municipal Software CityView Standard Support - Service Level Agreement Contract Tenn: 1 Year (renewable annually) Support Channels: Web, Telephone or Email Support Requests Allowed: Unlimited Who Can Report: Up to three users named in your support agreement can submit support requests. These individuals must be trained in the use of CityView and constitute the first line of support for your organization. Hours of Coverage: Coverage hours are 5:30 a.m. to 5:30 p.m. Pacific Standard Time from Monday through Friday, excluding Municipal Software Technical Support observed holidays. (Only those statutory holidays that coincide between Canada and the United states are observed by Municipal Software Technical Support.) Accessing Support: The preferred method of opening a support incident is to enter the problem details through our online support system. Telephone support requests should be preceded by filing an electronic support request on our Web site, including a detailed problem description. Telephone support requests will be answered live during business days, though staff may be involved serving other customers. If your call is not answered live, we ask that you leave a message, including the support request tracking number you received from the electronic filing, your name and phone or pager number. Messages are typically responded to within two hours. Auto Acknowledgement: We will send a computer-generated message that acknowledges receipt of the report that you filed electronically. This message will contain the details of your problem report as well as the support request tracking number. Whenever the status of your incident changes, a notification will automatically be sent to the individual that opened the call. Request Response Time: A technical support engineer will respond to all requests within the time frames specified in Table 1. Business hours are 5:30 a.m. to 5:30 p.m. Pacific Standard Time from Monday through Friday, excluding Municipal Software Technical Support observed holidays. Only those statutory holidays that coincide between Canada and the United States are observed by Municipal Software Technical Support. We process requests In the order of their priority followed by order of submission. What we will do if we don't hear back from you: If we don't hear back from you in ten business days, we will close your support request and mark it as "Closed I No response from customer." Resolution 01 Bug-Related Requests: We will keep your request open and follow up when a fix is available in a production release. We will also contact you if we post an experimental build that will help with your problem. What We Need to Help You Municipal Software wants to be as responsive as possible to your support needs. To accomplish this goal, the Municipal Software customer support staft relies on your knowledge, self-sufficiency, and thoroughness during the troubleshooting process. You reap the benefits from this effort - it allows Municipal Software to focus on the more difficult problems and make the product more robust. It also helps control the amount Municipal Software charges for support. · Knowledge: You should be experienced in the installation, operation, and maintenance of the hardware, desktop, and network operating systems, and applications in your environment before you install CityView. · Self-sufficiency: We ask you to be as self-sufficient as possible when you encounter problems. You can do this by referring to technical documentation for your environment and by searching the Municipal Software Web site to determine if your issue is addressed before you submit it to our customer support staff . 9/5/2005 2/4 f:;: ,",' , ~..~:~." ~:~~:t1(~"~.: . ..~ L Agenda It . v March 27, 2007 Page 33 of 50 .. Municipal Software . Complete Infonnatlon: As with any troubleshooting process, accurate and timely resolution depends on information. When you request support. please fill in aU relevant fields in the request form, provide a detailed problem description, and attach any appropriate log files. Unfortunately, when the request information is incomplete, it will take longer to resolve your issue. · Preparation: If you call us for support, be prepared to provide the same level of information as is requested on the request submission form. You can help reduce the time to resolution by completing the online support request form and attaching files as directed. Then, simply provide us with the request number when you call. We ask that you have immediate access to the computer(s) on which Municipal Software products are running. How to Access Support Municipal Software offers several methods of accessing support described below. Please note that for Priority 1 (see Table 1) issues, customers are encouraged to submit their incident online and then follow up via Municipal Software's tofl-free phone number: · Web Support {preferred method} Our web portal, (www.municipalsoftware.com). provides resources for customer self-service, and is comprised of an online searchable knowledgebase, downloadable updates, and a web-enabled CRM that allows users to log new support incidents and check the status of previously submitted incidents on a 24 x 7 basis. · Telephone Support Telephone technical support is available between the hours of 5:30 a.m. and 5:30 p.m. PST on regular business days. Customers can contact us toll-free at 1.866.988.8324. Municipal Software technical support will respond to telephone inquiries using the Service Level Agreement provided in Table 1 below. · Email Support Customers may request assistance from Municipal Software technical support via email at support@municipalsoftware.com. All em ail incident reports are logged into the Municipal Software support CRM database and are addressed based upon the priority of the issues. The response time guidelines for support are provided in Table 1 below. Feature Requests If you come across an idea that you think might make a nice enhancement to CityView, your input is always welcome. Please submit your suggestions through regular support channels. Unless additional information is needed, you will not receive a personal response. Any suggestions for enhancements to CityView that you submit will become the property of Municipal Software. Municipal Software may use this information for any Municipal Software business purposes, without restriction, including for product support and development. Municipal Software will not use information in a form that personally identifies you. 9/612C{)6 3/4 " tit. ~'. ' ~;;~~t"., .'"-"N'- i..;.. '~l~ . .'.~",i~..."'.'t, ,';~'::'I,~IIII~u, I~J rv1arch 27, 2007 Page 34 of 50 . Municipal Software Limitations The following are not covered by Municipal Software's Standard Support Agreement, but may be available as separate services on a time and materials basis: a) Services required due to misuse of Municipal Software maintained software; b) Services required due to software corrections, customizations, or modifications not developed by Municipal Software; c) Services required by the Customer to be performed by Municipal Software outside of Municipal Software's regular business hours; d) Services required to resolve or work-around problems that cannot be reproduced in Municipal Software's support environment; e) Services which relate to tasks other than maintenance of the Customer's existing implementation and configuration of CityView, including but not limited to, enhancing or adapting CityView for specific operating environments; f) Services requested by the Customer to implement software updates provided by Municipal Software. Table 1. Service Level Agreement Time*". r;!J;r;'~~~E~~hf~~"lU"~i~fj~f$~~;'!':~"r' ,~ J Operation/Service down or 2fjQUrs criti9allYi mpaded, ,~~lq " rOp~%~wn :Wi :" ~l"f!,>~", n~1r~L~IJI~t~V?!e!~aL"?\I~?i,,,, ,,?' ~,Brocess IS ' 'C "'<<~llJ~t:gmf1llt resoutq~;_(Jn8.g~ ,orkaround .' 'norm2ii'business"Floursl16're\;olve iif~bl~: issue or oblainworklrhLrid, '- ',,', ~ ./' 1 ' . . Municipal Software arlQcustomer will commit necessarY.'J:.e's,ou,ces 10 fix problem or obt~fd;a , ~;Y.vq*around ,;~"""':L · Usersc,~n0g;,I9Qiq · Busiflf;!~~Jir{)q~~ halted '<..':-.'.'.,..,:-..... · ApRlic:~~. ," ".,'. 'S8 is exceptional y~fbw · Non criticalJeature not wq~k~8~';;:':::"~'!:; , F8~@:~; . 5,btJ~E~qt,lires u~~t\P,L\'" "J, ," \,', ,_,. ~._~:'~~~lii~~~'Si~: >: · Helpfile clarif'i6ation '>c",,::: ':', ;~~'~.''C~:~.'",--<~;:.;; · Fofmge,s.,igri'bqlJ? productiOn"'" ...~ Obtaining More Information Information about our support programs may be obtained by contacting the Municipal Software sales team at 1.800.665.5647, or via email atsales@municipalsoftware.com. .-t?'~'~'";'~;).,.~ ~ ? 3 Mod~r?teto negligible impac(Ni;!:irnpact to b~~i~~;~r;::'~' .' ;, - ;:;: . ~ ';';'~':~:";'>-''-:- :(;',:~;:f',~i,~';)Jd;{:',;,';,. Heq!!~stfoj,frlfcJn}1a tion, d()tJ.~~Q~ilohissues, and enhaOqe.menl requests. 24 H.ours ., Municipal Software andc;vstomer will commit nec.?~~~[YJ:~ 'c~s :"dWing normal busineiis;fi', ""to' ;'i'~&J~~l~' OP'<aII~;~,;i_l~m; ,. 4~j~!~gI::,";-R~que.st-dependent.";":' . 4 . Response time targets are during business hours only. 9/6/2005 ..~:$ ..:z{.f_:.~:.-. 4/4 ~ i~, -~-Agenda Iterll No. 16rl. March 27, 2007 Page 35 of 50 . Exhibit E Municipal Software Acceptance Criteria Acceptance criteria for each of four areas is contingent upon two requirements. First, that the functionality that is demonstrated meets the County needs as outlined in the contract Second, validation sessions to actually test some specific cases. Narratives have been provided. Breaking down the test areas: 1. Testing of completed workflows: The County will run through a handful of completed existing application types and their respective milestone processes as specified in the gap analysis. Testing Criteria on Page 2 2. Completing configurations from existing narrative 1 design specs: Vendor project staff will run through the configuration with the County on one or two nearly completed workflows as chosen by the County as specified in the gap analysis. Narratives have been provided. Testing Criteria on Page 2. 3. GIS: Demonstration of GIS Module ability to access relevant GIS data layers. context sensitive to address, for a few County applications within existing completed workflows. Contractual GIS functionality and CDES GIS layers are listed on pages 3 and 4. 4. Cashiering: Testing of cashiering functionality along the lines specified in the proof of concept section of the contract. In some cases it can be tied in with item #1 testing by completing a payment, and some of the contractual specified functionality will be examined separately. Cashiering functionality from the proof of concept is on page 5. Each member of the County core team will be asked to provide scoring feedback on the functionality demonstrations for those areas of their expertise. Pass / Fail, with a brief explanation. For the actual testing during the validation sessions, participating core team members will be asked to score individual test cases Pass I Fail, and provide screen shots of errors encountered. Screenshots can be saved to Word documents, and/or emailedtooarvmullee@collierQov.net Municipal on Site Team: Municipal Staff on Site Testing Criteria CATEGORY CAUSE ACTION Passed No major problems identified (see below for examples of major Fix (or prepare a plan to ftx) (Approved for problems). Minor problem examples: mislabeled toolbar button or minor problems, review with Distribution) plot axis; inconsistent screen capture in manual; or cannot print from Management, and then toolbar but can usino menu. distribute. Failed Anyone of the following: Fix problems, and then resubmit software for . Installation problems (some typical examples): acceptance testing. . Install of desktop (smart client) would be handled by customer . Insufficient or incorrect installation procedure. . Application files placed into wrong directories. . Software modifies the configuration or system files without warning or backing up originals. Installing Application Builder is not compatible with this requirement . No program icons or groups created (if appl.). . Cannot install on a non--C: drive (e.g., D:). This requirement may also not be met if automated I installs (Group Policy) are required. Would require the creation of an MSI transform file. --~ ,~., ,.;.:.... c" ,.:.... . ,... -~. -~ Age;n~c. It~I" tJ.:). 1G"; March 27, 2007 Page 36 of 50 · 1 or 2 occurrences of General Protection Faults (GPFs) or "infinite loops". . Virus detected on the distributed disks. · Frequent abnormal program exits through multiple event sequences (e.g., memory limits, bad input). · Non-standard, illogical Windows GUls (if Win app). · Non-functioning icons or menu items (e.g., PRINT doesn't work; inactive options aren't ghosted). Fine for CityView platform but not handled like this at application level. · Insufficientlinaccurate printed documentation (e.g., no input/output views or descriptions of menu options). · Insufficient/non-functioning on-line help, without backup printed documentation. On-line help available for non- customized parts only. · Solved Example Problems (test cases): The creation of test cases out of the functional specifications is the customer's responsibility. · Lack of examples or tutorial. · Examples abort or documented results are not obtained. · Combination of several problems with user interface, documentation, or on-line help. · Unable to complete workflows requirements. Contractual GIS Functionality 1. GIS System Interface 1.1 The system will integrate with the Collier County's GIS software application. 1.2 Capability of relating to the geographic elements of the database(s) maintained by a GIS system. This system will provide users with the capability of seeing either tabular or graphic data information utilizing Arc Map, version 8.2, by ESRI. CityView 9 embeds the ESRI's ArcEngine and ArcReader runtime components (ESRI versions 9.1 and 9.2). These components enable CityView 9 to access a variety of mapping resources. CityView 9 does not interface directly with other ESRI client products (such as ArcMap), but does allow access to the same mapping resources that an ArcMap user would access. The CltyView 9 GIS components meet the GIS requirements outlined in the RFP and in the acceptance document, and does so in a way that fits in with Collier County's existing ESRI infrastructure. 1.3 The system shall have the ability to do an functions of Geocoding as outlined by Collier County as it relates to GIS and this new system. It shall also have the capability to do address matching and editing. 1.4 The system will integrate with Collier County's ESRI-based GIS. At a minimum the system will need to support ESRI relates and joins to associate system attributes to corresponding spatial records. The system must support not only ESRI-centric applications based on system data, but the ability to integrate ESRI maps into the system interface. ;<:'-~~~..,~~:,'_.t>~_~ . - ,. '.""" .;.; . '. _._~~-~._-- ~- ~. .....- Deacrlptlon GIS Layers for MapOrawer Functionality Testing A~t:IIJCl 1[<:::111 r~lJ. I c,..; March 27, 2007 Page 37 of 50 File Nalllt Soun:e AddressF'olnta Census Block Groups with Population Census Blocks with Population Census Tracts with Population City Boundaries Coastal Control Unes . County FEMA Flood Insurance Rate Maps 1996 Future Land Use land Use 1995 land Use 2001 Planned UnK Developments Zoning Districts Fire Districts AddressPolnta censusblockgrp censusblock censustract city cnty enstre fema96 ttu Landuse95 landuse01 pud zoning Fire Disl coes coes coes coes coes COES COES coes coes COES coes COES IT from Supervisor of Elections Parcels Subdivisions ,. -, ,~_ ~:,~.'l -:;,"_" -, \=i. _~'L""", 't'. .; ~. parcels subdivision PAO ., ,!..;." '.'jfi~~'-~: ~'; . _ .; TAZ (Tral'Iic Analysis Zone) T:fTRANSITRANSPLANNINGfTRAFFICANAL YSISZONElTRANS MPO Transportation Address Points Address Matchable Roads Condo Units Table Airport Noise Zone AMU - Boundary ArtfficialReefs Boat Speed Zones Coastal Control Lines. County Coastal Control Lines - State Coastal High Hazard Area Code Enforcement. Day boundaries Code Enforcement. Env boundaries Code Enforcement. Evening boundaries Code Enforcement. Sign poundaries Code Enforcement. Weekend boundaries Eagle nest locations 2002 FEMA . 96 FEMA. Proposed 03 Fire Districts Future Land Use Traffic - Traffic COngestion Boundal)' Future Pop by Planning Comunitites Immokalee Area Land Use - 01 FLUCC Land use Tables Libraries Lidar - East County from Army Corps Monuments - fdep along shore Monuments - elevation In estates NRPA . National Resource Protection Area National Wetlands Inventory Panther Locations Planning Communities Pre-Apps PUO's Rural Fringe Rural Lands Sewer Service Areas Solis Street Centerline Turtle Nest Locations Units and Tracts in Estates Water Service Area Windzones - Construction Zip Codes Zoning \^Jellfields T:fCOESlOalaladdrssl T:/COeSlDala/addrss/ T:/COESfData/addrssf COES soe T:/COES/OalalAMU/ T:/COESfEnvir T:/CDES/Envir/ldleZonelll T:/COES/Oata/ County coaslal.shp T:/COES/Oatal State coastal.shp COES SOE COES SOE coes SOE COES SOE GOES SOE GOES SOE COES SOE COES SOE T:/COESIOatalFEMA 9 03/ TJCOES/Oatal Fire Oistricts.shp COES SOE & T:/COES/OatalFLUf T:/COESfOatalFLUI T:/COESfDatal Comun ful pop.shp T:/COES/Dala/lmmok.cov T:/COESlDala/LU 01 LU.Jolned.shp T:/COESlData/LU flxjoin1,2,3 T:/COES/Oata/ Library.shp T:/COES/Oala COES SOE T:/COES/Oatal COES SOE COES SDE T:/COES/Data T:/COESIOata/ Plan Comun.shp COES SOE COES SOE & T:fCDES/Oata/PUOI COES SOE T:/COES/RuraILandsl CDES SDE COES soe T:/COES/Oala/ roads.cov or in addresspt PGOB COES SOE COES SDE COES SDE COES SOE & T:/COESIOala/ windzone.cov T:/COES/Oatal Zip.cov COES SOE 8. T:/COES/Oata/zonlngl TJCDES/Dala/ wellfields.shp COES COES COES COES Planning Natural Resources Natural Resources COES COES COES COES COES COES COES COES COES coes CoES COES coes Planning COES COES COES COES coes coes COES coes Natural Resources coes Natural Resources CDeS coes CDES coes Natural Resources CDes FAH rev 9/05/05 Ca "';~!'. _,~~L,~, ---P;gffilOa ild'll i~U. IV.! March 27, 2007 Page 38 of 50 Cash Management Functionality per Contract · Capture payment and billing infonnation and display escrow account balances In real-time. Allow the various forms of payment methods, including cash, escrow deduction. check, waivers/deferrals, IGC transfers, and credit cards (for express pennits only). Users must be able to calculate impact and pennit fees in different areas of the review process, and create payment slips to present to tile caShiering staff. Payment methods include checks, cash. and transfers for IGCs, DCAs, and COAs. · Credit cards will be accepted for a select group of express permits only and all Rental Registrations. Cashiers must be able to generate a receipt, the permit and an inspection card. · Payment slips: All fee entries that generate a payment slip are required to provide user's name per line item. Changes to payment slip are required to give last user's name on payment slip. Official Receipts: Official Receipt will have lWO names: the users that entered fees to create payment slips or invoices, and the cashier that processed receipt. This requirement is necessary to record and track all users that enter, change, delete or modify payment slips. Usernames and password security will be required 10 allow only authorized slaffto perform these functions. · The system must include the ability to associate all monies collected with the County's general ledger accounting codes. Cashiers must be able to create a transaction report to balance their cash drawer. Next the supervisor must be able to complete the daily closing reports, create the GL Extract file, balance the days wor1<; and send the GL Extract file through an automated FTP and transactional Interface with Clerk of Courts finance system, SAP. This process is required daily for three cash locations. The system must be able to add additional cash locations. The application should be able to confirm that the daily interface with the SAP FTP site was successful. Ability to monitor refunds and partial refunds, utilizing status of receipts. . Comment area for description and detail. · Ability to run reports for status of receipts (transactions) for refunds. Reporting capabilities to include: · Daily Transaction Report, for each cashier, totals for cash, checks, grand transactions totals and Number of transactions per cashier per day report. (see example report CDPR1101) · Payment Summary by Fee Codes. (See example report CDPR11 04) General Ledger Account Report (AKA) General Ledger Fee Summary Report (see report CDPR1106) Maintenance tables must be access restricted by password. The system must provide the ability for users to add, edit, activate, deactivate, and delete (to achieve) all fee codes, access details such as associated dollar amounts for fee codes, GL accounts, fee types, and status in the system. Provide the following infonnation: last update date, last user name, previous update, and previous user update. Provide reporting capability similar to the current system reports that sort by fee code GL Account. · Reports from maintenance tables for Cash Management. Fee Code Reports (Ability to sort by fee code or General Ledger Accounts). · Fee calculation capabilities must be provided by the system for assessing and collecting the County's non-residential and residential land development. A sample oflhe fee types include; development request, impact, permit, certificates, licensing, report generation, surcharges, utilities related charges, late fees and fines. Integration with many peripherals including credit card processing, cash drawers, check verification using system generated unique numbers for control purposes, and others. I~ :"'.Jj,#. ... .... .~. . ",' .;:..,~...,'.--, ."'!.Pif' ' c.,..,-:"..", .-';;--~_f~""'i'11... ~' .z;..:.,-.~,: '" ..-..-<~..:~~~_ _. . _-. ...,: .~;Jl,~; i exhibit F Key Personnel Name Title David Gray Rick Booth Lead Project Manager Business/Systems Analyst PreBuilt Program Manager Senior Application Developer Infrastructure Specialist Quality Assurance Team Lead Susan McCormick, Vince Liderth Robin Gwynne David Hartman Eric Lott Training Manager Trainer Dorinda Youdell A~<:iIIJd Ilelfl f\lo. lu.; March 27, 2007 Page 39 of 50 ...... --....................... ..--.. ....................... ....................... ...................................................................... --.......................... -................-...................... --........ --.. - - --.. -.. -.. -----... --..-.. ---- 1 0... -. .,fr. ~~'... ~ F'Serl'~C1 liel'l t~o. ~ CJ rJlarch 27. 2007 Page 40 of 50 Exhibit G Appendix C - IT Department Standard and Operating Procedures Technical Architectural. Compatibility and Supportability Requirements Document (TACS) Required Contract Items: Any IT asset (hardware, software, service) vendor shall agree to the following criteria within a contract or by written acknowledgement before installation of any IT Asset will be accepted by Collier County and allowed to connect to the Agency Network. RCI.01. RCI.02. RCI.03. RCI.04. RCI.05. RCI.06. RCI.07. RCI.08. RCI.09. All software application vendors are required to notify Collier County when new releases become available and when current releases are no longer supported. The vendor must submit any applicable license agreements for any proposed elements including a description of the licensing model, and list prices for all license types and whether or not custom licensing arrangements are available. The vendor must submit any applicable maintenance agreements for any proposed elements including a description of the maintenance plan, software upgrade policies and exclusions, and list prices for all maintenance agreement types and whether or not custom maintenance agreements are available. The supplier of any HIPAA related software applications must provide guidance on HIPAA compliant implementation requirements. All software must comply with all Federal, State and Local regulations. A minimum of Fifteen (15) minutes of finished video training material to be presented .on demand" must be quoted 38 part of the 3cquicition co~t. Not applicable to this contract. Training must be scheduled at least forty-five (45) days in advance to ensure training room availability since multiple implementations are occurring. Training materials, curriculum to be covered and identification of which Collier employees should attend must be provided thirty (30) days in advance of scheduled training. Any training courses that require use of data, data should be installed and tested prior to the scheduled training date. Training for this contract shall be built into the implementation schedule. Suppliers shall notify the IT Department contact named in the maintenance agreement in writing (email is acceptable if acknowledged) 24 hours in advance of any required remote access. Included in this request must be a detailed work plan with actions that will be taken at the time of access. This applies to post- implementation for upgrades, defect fixes and/or configuration changes. The IT Department follows the ITIL framework for change management. Deliverables for Database: · Vendor must provide scripts in order to recreate database schemas, stored procedures and etc. · Database schema with a data dictionary detailing all entities and attributes. · Recommended practices document for support and maintenance of the database. RC1.10. Any vulnerabilities or exploits discovered by the vendor or others for the proposed application must be reported to Collier County Govemment immediately with a proposed mitigation strategy. RC1.11. All vendor access will be done via named account VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMA 5402 and CMA 5403, CMA 5405, " ." . ~~;~ :_i;- "~:;.": ~. _ . . -,.'. ?-:-:".~i-~' -..; ....;:..r. _ ~,. . .. ~. ". -'-~-~.....~--~-~-- . The candidate software application proposal must include a hardware topology and recommended hardware configurations. o Deliverables: · Full installation documentation (workstation and server) . Established maintenance routines and procedures must be included with the delivery of the proposed application All software upgrades, fixes and/or changes required by the selected vendor must be installed on a Collier County Standard test environment and certified by the project team prior to moving into a production environment; currently this is a Microsoft environment. The supplier shall attest in writing that they shall support all Microsoft security patches and updates within fifteen (15) days of release. Software vendors will acknowledge in writing prior to selection, that Collier County Government will own any and all data and the database that data resides on. All software applications submitted to Collier County Government are required to submit the following documentation if short listed for the final selection process. Documentation must be in electronic format (preferred in MS Word or PDF). Documentation is required to be updated with a new versions or upgrades. Collier County reserves the right to copy documentation for internal use only. The number of copies of all documentation must correspond with the number of bound responses requested during the Request for Proposal (RFP) Process. RCI.12. RC1.13. RC1.14. RCI.15. RC1.16. RCI.17. RCI.1B. "....:;...... Agenaa'ltem.Nb:-'10J March 27, 2007 Page 41 of 50 o Documentation: · End-User training documentation · Administration documentation · Installation documentation · Maintenance documentation · Disaster recovery documentation · Procedures specific to the application · Information Flow Diagram of Application upon completion of project The vendor shall provide training in the operation and maintenance of the system for the County's Information Technology support staff. Training shall cover the fundamental design of the software and the mechanics of the operating program. Training shall be structured such that designated trainees will understand the operation, maintenance, backups, security and the database of the system. Appendix"N Proof of Concept for Addressing. Appendix "S" Application Silent Installation Proof of Concept ""~',- f-',geliGCi (It':Hll I\lO, IUJ March 27, 2007 Page 42 of 50 Exhibit H CityView Implementation Schedule i I I .';.,.;.'-'~- . " ,~ -'-----'-----:..::::---- -n....o OOLD ,,-r;;-O........ ':"\10 1~C'0 01'<1" Er-(J) (J)- 0) _c..:>co ~roll. -02: c: Q.) OJ <( j t/) :I:: e: E-i ,g !! H ::I (Xl 0 H :I:: :< ril J ~ J l'! ~ i 0. I~ I~ II I I I ' i III : i I i 'I I! II' i :~ lB I ! ..I-II it) I I I I 1 I t) t) t) I I.. ~ - It) 't) It) (J I li=8~ !~ :~.~ l'~ I I I : :!f:2 ! i~ I~ '~" ,i 1.;1 :~ i~ I:~ i~ I "'~I luI8 :..:1 I I ~ ,0. I ..: ..:1..: ,q. c$. 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'~ VI I) ,Z ., ~ rCD ,., >- :>- j> :>- >- >- i>- '>- ! , u .Jii:",...~ ' Agenda Item No. 14A March 27, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommend the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) review and approve the 2006 Annual Report of the CRA, required by Florida Statute 163.356(3)(c), direct the County Manager or his designee to file the Annual Report with the Clerk of Courts and publish notice of the filing, and approve a Resolution to modify the CRA Bylaws, as provided for within Resolution 2001-98. OBJECTIVE: To have the BCC, acting in the capacity of the CRA, to review and approve the 2006 Annual Reports (Exhibit "A") of the CRArequired by 163.356(3)(c), Florida Statutes, by March 31; direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filing, and to approve a Resolution to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. CONSIDERATION: The Collier County Community Redevelopment Agency (CRA) was established pursuant to Resolution 2000-83 adopted on March 14, 2000 by the BCC pursuant to Part III, Chapter 163, Florida Statutes. The area of operation of the CRA consists of the Immokalee Community Redevelopment Area and the Bayshore/Gateway Community Redevelopment Area. The purpose of the CRA is to undertake and implement improvements as provided for in Florida Statutes and the adopted redevelopment plans. 163.356(3)(c), Florida Statutes require that on or before March 31 of each year, a report of the CRA activities for the preceding fiscal year be filed with the governing body. Attached are the 2006 individual budgets for the Immokalee CRA and the Bayshore/Gateway CRA (Exhibit "B" and Exhibit "C"), as well as the 2006 annual report which describes the activities of each CRA during the reporting period. Please note that a complete audit of the 2006 CRA financials was performed along with an overall audit of Collier County, pursuant to Florida Statute Sec. 163.387(8), and is not a part of this report. _. In addition to the review of the annual report, the executive summary is seeking to modify the bylaws which govern the purpose and requirements of the CRA. Direction to modify the bylaws as described was provided by the Board during the January 23, 2007, public hearing. Within Resolution 2001-89, the CRA is required to hold an annual meeting in January of each year. The resolution is absent of specifics on subject matter of the required meeting, but has been utilized in the past by the CRA to appoint or reaffirm the Chair and Vice-Chair for the CRA. The timing of the requirement for filing the annual report in March by 163.356(3)(c) Florida Statutes, and the local requirement of the annual meeting in January by Resolution 2001-98 provides for an inefficiency within the process. This executive summary is proposing to modify the bylaws to require the annual meeting in March. The bylaws within Article IX Amendments allow for the bylaws to be Agenda Item No. 14A March 27, 2007 Page 2 of 19 amended at any duly constituted meeting of the CRA by an affirmative vote by the majority of the CRA members present. The only change in the CRA Bylaws associated with Resolution 2001-98 is for the requirement of the annual meeting to be held in March and not January as currently required. All other bylaws relating to the eRA have been left in tact. FISCAL IMPACT: None. The express purpose of this action is to direct the filing of the 2006 Annual Report with the Collier County Clerk of Courts and publication of the filing. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed and approved by the Office of the County Attorney. - RECOMMENDATION: That the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) review and approve the 2006 Annual Report required by 163.356(3)(c), Florida Statute and direct the County Manager or his designee to file the 2006 annual report with the Clerk of Courts and publish notice of the filing and review and approve a Resolution to modify the CRA Bylaws, to change the annul meeting requirement from January to March. Prepared by: Mike Bos~ AICP, Community Planning and Redevelopment Manager, Comprehensive Planning Department ~ ,- Item Number: Item Summary: Meeting Dale: Agenda Item No, 14A March 27, 2007 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14A This Item to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC. acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice Of the filling, and to modify the CRA Bylaws. which require an annual meeting be held in January, to require the annual meeting to be heid in March to align With the Flonda Statute fiscal annual report March requirement. 3/27/2007900:00 AM Principal Planner Date Prel'ared By Mike Basi, AICP Community Development & Environmental Services. Zoning & Land Development Review 3/4/200710:10:39 AM Principal Planner Date Al'l'roved By Mike Basi, AICP Community Development & Environmental Services Zoning & Land Development Review 3/41200710:29 AM Thomas Greenwood Principal Planner Date Al'p roved By Community Development & Environmental Services Comprehensive Planning 3/5/2007 7:51 AM Marlene Stewart Executive Secretary Date Al'proved By Community Development & Environmental Services Community Development & Environmental Services Admin. 3/12120074:46 PM David Jackson Executive Director Date Al'proved By Community Redevelopment Agency Bayshore-Gateway Redevelopment 3/12120075:42 PM Al'proved By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager Date Comprehensive Planning 3113/20079:04 AM Date Al'proved By Marjorie M. Student-Stirling Assistant County Attorney 3/13/20071:39 PM Al'proved By County Attorney County Attorney Office Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/1312007 3: 39 PM OMB Coordinator Administrative Assistant Date Al'l'roved By County Manager's Office Office of Management & Budget 3/1412007 8:30 AM Mark Isackson Budget Analyst Date Al'l'roved By County Manager's Office Office of Management & Budget 3/2012007 8: 14 AM Apl'roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3120/2007 8:09 PM <(r--cn ~D...- ...-D_ .N 0 o -"<t" Z8;j(l) E..c OJ (l)(.)C1J _~o... -C1J {g2 c (l) OJ <( ~SG;80 ~~-go- ;:.. CQ t&. 00 0 00 0 0\ r-- V) ",. 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M 0 V) "'" ~o..::5"; N - M V'l - 00 \0 N ;!l 5 ".;::I <<l -t:; c. o ... 0.. ~ 1 i- ---- - - - '-' '0 :::3 8U, '-'Q "'0 CU u ~ 0 t: u.o "t:l~ ~ t;; :; c2 il.il 0 ::; ! cu :=...:~t;~a ~~~~i~ JlI!- E- .5 ~ c:( Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 6 of 19 COLLIER COUNTY CRA 2006 ANNUAL REPORT (Bayshore/Gateway Triangle and the lmmokalee Redevelopment Areas) 1. Business firms and individuals assisted by the community-based development organization: A. Immokalee Redevelopment Area Residential Impact Fee Deferral Program Ricardo Frias Marco Paredes Claudio Ortega AuTnandoEscobedo Felicia Jackson Joe Ramirez Agnes Mendoza Leticia De Leon Joel Delgado Linda Reyes Diego Perez Anne Esterlin Oton Estrada Pastor Mendoza Bulmaro Hernandez Simon Conde Elizabeth Munoz Alejandrino Guzman Tax Stimulus Program None Fee Payment Assistance Program Guadalupe Center Training and Manufacturing Institute Advanced Medical, LLC B. Bayshore/Gatewav Triangle Redevelopment Area Site Improvement Grant Proiects are matching proiects and have 12 months to complete work GRANT Project Project No. NAME GRANT Cost Cost ADDRESS TYPE Amount Estimate Actual SIG 01/2006 Kevin Seig $8,000.00 $ 22,405.00 $ 21,336.90 Lakeview Residential SIG 02/2006 Peter Canalia $8,000.00 $104,040.00 Bayshore Commercial SIG 03/2006 Sal Palumbo $8,000.00 $ 27,650.00 $16,500.00 Shadow lawn Commercial SIG Jim King $8,000.00 $ 20,700.00 $ 18,580.00 Captains Residential Agenda Item No. 14A March 27, 2007 Exhibit "A" Page 7 of 19 04/2006 Cove SIG OS/2006 Fil Mastrocola $8,000.00 $ 22,472.02 $ 25,215.84 Terrace Commercial SIG 06/2006 Ozlyn Gardens $8,000.00 $ 37,420.00 $ 31,999.96 Arbutus Residential SIG 07/2006 Don Sheehan $8,000.00 $ 24,571.00 $23,030.90 Manorca Residential SIG 08/2006 Don Craig $8,000.00 $ 24,250.00 $ 24,250.00 Sabal Court Residential SIG 09/2006 Alan Crum $8,000.00 $ 27,300.00 Weeks Residential SIG 10/2006 Lula Springer $1,375.00 $ 2,750.00 $ 3,333.49 Weeks Residential SIG Edward 11/2006 Richard $8,000.00 $ 19,028.00 Poplar Residential SIG Murphy Bed Airport- 12/2006 Center $8,000.00 $259,028.00 $185,500.00 Pulling Commercial SIG 13/2006 Cloe Waterfield $8,000.00 $ 25,255.00 Lake Residential SIG 14/2006 Inngard Powers $1,505.00 $ 3,010.00 $ 3,973.00 Lakeview Residential Obligated $98,880.00 $619,879.02 $353,720.09 Funding ($100,000) Remaining ($1,120.00) Impact Fee Assistance Project None 2. Type, source, purpose, and amount of each individual grant, loan, or donation received by the community-based development organization during the reporting period. A. Immokalee Redevelopment Area None. B. Bavshore/Gatewav Triangle Redevelopment Area Bayshore Gateway Triangle Redevelopment Area received $40,950.00 in private donations ($450 per lot - cash) by citizens that own property on three dirt roads as their contribution to a CRA funded road paving project. The project was three 1;.l mile dirt 2 Agenda Item No. 14A March 27,2007 Exhibit "A" Page 8 of 19 roads to be paved with a new paving product called flex-pave. The project's total cost was $71,203.00. Property owner making donations are: NAME STREET LOT# FOLIO # PAID The Kalines Andrews Ave 55 48782040007 $450 R. &T. McDonald Andrews Ave 56 48782080009 $450 Andre Jean Andrews Ave 57 48782120008 $450 Michael Tomany Andrews Ave 58 48782160000 $450 Michael Tomany Andrews Ave 59 48782200009 $450 Michael Tomany Andrews Ave 63 48782320002 $450 Michael Tomany Andrews Ave 64 48782360004 $450 Abel Ramierez Andrews Ave 65/66 48782400003 $450 Ed & Liza Hogan Andrews Ave 67/68 48781440006 $900 P. & D. Pierce Andrews Ave 69/70 48781360005 $900 Alan Wensierski Andrews Ave 71 48782640009 $450 Alan Wensierski Andrews Ave 72 48782680001 $450 R. & M.Cortada Andrews Ave 73 48782720000 $450 R. & M. Cortada Andrews Ave 74 48782760002 $450 Edward Hill Andrews Ave 75/76 48782800001 $900 Brian Jones Andrews Ave 77 48782840003 $450 Charlotte Kerin Andrews Ave 78 48782880005 $450 S. MacClugage Andrews Ave 79 48782920004 $450 Alisha Cage Andrews Ave 80 48782960006 $450 Go Ida Rainbo It Andrews Ave 81 48783000004 $450 PT Sunny Andrews Ave 82/83 48783040006 $900 Alberto Sarabasa Andrews Ave 84 48783080008 $450 D. Ysme Adeka Andrews Ave 85 48783120007 $450 R. & M. Cortada Andrews Ave 87 48783200008 $450 Roger Combs Andrews Ave 88 48783240000 $450 Rogelio Galindo Andrews Ave 89/90 48783280002 $900 Socorro Whiteway Andrews Ave 93 48783400002 $450 Socorro Whiteway Andrews Ave 94 48783440004 $450 David Beatty Andrews Ave 97 48783560007 $450 Alisha Cage Andrews Ave 99 48783640008 $450 AIisha Cage Andrews Ave 100 48783680000 $450 Maria J ost Andrews Ave 102 48783760001 $450 Alberto Estrada Andrews Ave 103 48783800000 $450 NAME STREET LOT# FOLIO # Woodside Michael Rice Ave 107 48783960005 $450 Woodside Michael Rice Ave 108 48784000003 $450 3 Agenda Item No. 14A March 27,2007 Exhibit "A" Page 9 of 19 Woodside N. & C. Neal Ave 109 48784040005 $450 Woodside N. & C. Neal Ave 110 48784080007 $450 Woodside George Conley Ave 114 48784200007 $450 Woodside Richard Licare Ave 120 48784320000 $450 L. Altaatz/E. Woodside Pierce Ave 123 48784480005 $450 Woodside Richard Staley Ave 124 48784520004 $450 Woodside John Fillmore Ave 127 48784640007 $450 Woodside Scott Reese Ave 128 48784680009 $450 Woodside Paul Martin Ave 131 48784800009 $450 Woodside Francisco Galindo Ave 133 48784880003 $450 Woodside Francisco Galindo Ave 134 48784920002 $450 Woodside Casey & Turville Ave 135 48784960004 $450 Woodside Don & E. Blum Ave 136 48785000002 $450 Woodside Don & E. Blum Ave 137 48785040004 $450 Woodside Don & E. Blum Ave 138 48785080006 $450 Woodside Don & E. Blum Ave 139 48785120005 $450 Woodside R. Poundsberry Ave 141 48785200006 $450 Woodside Alfred Fisikelli Ave 142 48785240008 $450 Woodside Alfred Fisikelli Ave 143 48785280000 $450 Woodside Mark Owens Ave 144 48785320009 $450 Woodside Michael Tomany Ave 145 48785360001 $450 Woodside P. & A. Pierce Ave 153/154 48785640006 $900 Woodside Ernest Be1izaire Ave 155 48785680008 $450 4 Exhibit "A" NAME STREET LOT# FOLIO # Pine Tree Vanessa U zupes Drive 5 48780160002 $450 Pine Tree Ed Thomas Drive 6 48780200001 $450 Pine Tree Keith Whipple Drive 7 48780240003 $450 Pine Tree LinzeI Jeffrey Drive 17 48780640001 $450 Marcille Pine Tree Reinbergs Drive 18 48780680003 $450 Pine Tree Alan Wensierski Drive 19 48780720002 $450 Pine Tree Alan Wensierski Drive 20 48780760004 $450 Pine Tree Alan Wensierski Drive 21 48780800003 $450 Pine Tree Alan Wensierski Drive 22 48780840005 $450 Pine Tree Alan Wensierski Drive 23 48780880007 $450 Pine Tree Alan Wensierski Drive 24 48780920006 $450 Pine Tree P. & D. Pierce Drive 25 48780960008 $450 Pine Tree P. & D. Pierce Drive 26 48781000006 $450 Pine Tree J & J Horn Drive 27/28 48781040008 $900 Pine Tree John Horn Drive 29 48781080000 $450 Pine Tree Alan Wensierski Drive 30 48781120009 $450 Pine Tree P. & D. Pierce Drive 35/36 48781360005 $900 Pine Tree Ed & Liza Hogan Drive 37/38 48781440006 $900 Pine Tree D. & B. Heuss Drive 42 48781600008 $450 Pine Tree PT Sunny Drive 43 48781640000 $450 Pine Tree lain Beaton Drive 44 48781680002 $450 Pine Tree lain Beaton Drive 45 48781720001 $450 5 Agenda Item No. 14A March 27,2007 Page10of19 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 11 of 19 Pine Tree Robert Rahal Drive 46 48781760003 $450 Pine Tree Bryan Rahal Drive 47 48781780009 $450 $40,950 3. Number of paid and voluntary positions within the community-based development organization. A. lmmokalee Redevelopment Area . (1) paid County staff liaison and (13) advisory board volunteers B. Bayshore/Gatewav Triangle Redevelopment Area . (1) paid Executive Director, and (9) advisory board volunteers 4. Salaries and administrative and operating expenses of the community-based development organization. Please see attached spreadsheets. 5. Identification and explanation of changes in the boundaries of the target area. A. lmmokalee Redevelopment Area The boundaries of the lmmokalee community redevelopment area have not changed since 2004, when the boundaries were expanded to include areas adjacent to it, finding that conditions there met the statutory criteria for blight. B. Bavshore/Gatewav Triangle Redevelopment Area None. 6. Amount of earned income from projects, programs, and development activities. A. lmmokalee Redevelopment Area None. B. Bayshore/Gateway Triangle Redevelopment Area None. 6 Exhibit "A" Agenda Item No. 14A March 27,2007 Page 12 of 19 7. Number and description of projects in redevelopment phase, projects under construction, ongoing service programs, construction projects completed, and projects at sellout or lease-up and property management phase, and a written explanation of the reasons that caused any projects not be completed for the projected development phase. A. Immokalee Redevelopment Area The Immokalee Redevelopment Advisory Board's current major activities to improve the Immokalee Redevelopment Area include: · Updating the Immokalee Area Master Plan (lAMP) through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group · Updating of the local development Immokalee Overlay Zoning District through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this code amendment is expected in 2008. The new regulations will act as a redevelopment "tool" to provide zoning flexibility where the underlying zoning regulations are more restrictive to facilitate quality development and redevelopment. · Initiated efforts to refurbish the State Farmers' Market by working with the State Department of Agriculture and Consumer Services with completion of work expected in 2007 or 2008 · Completion of the 3-Year Impact Fee Deferral Program on November 18, 2006, with funding through the Immokalee Redevelopment Fund which assisted more than 130 low and moderate income homeowners · Recommendation to fund the construction of 10th Street using a variety of funding sources, including some Redevelopment Area funds · Support the FSU Medical Center Project on which the Board was advised in September, 2006, could become reality in 2008 · Arrowhead mixed-use residential development (600 + units complete or under constructi on) · Supported efforts to consolidate one stop center next to the proposed new career center on a central campus site opposite the high school 7 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 13 of 19 . Completion of 30,000 Sq Ft 10-unit building for small business incubators B. Bayshore/Gateway Triangle Redevelopment Area . Ongoing service programs include the Site Improvement Grant Program for residential and commercial property. FY06 $100,000 budgeted for up to $8,000 matching grants. In FY06 fourteen (14) grants awarded ($98,880.00) with a total estimated private investment of$342,901.93. (See paragraph 1 above). . The Bayshore Gateway Triangle CRA successfully contracted for and paved six (6) residential dirt roads. At project completion, all roads and streets within the CRA are paved. o The owners of three privately owned roads (not accepted by the county) made private contributions towards the project. Project cost: $71,203.00. See paragraph 2 above for details. o Three (3) other county maintained dirt roads (Catherine Avenue, Lee Street, and Manorca Avenue) were also paved solely with CRA funds. Project cost: $30,190.00. . Bayshore/Gateway Triangle zoning overlays (Bayshore Mixed Use Development and Gateway Mixed Use Development) were approved by the Board of County Commissioners (BCe) in March 2006. The $325,000 planning project was completed by the consulting firm HDR, Inc. . The CRA partnered with the local Beautification MSTU Board to develop a residential streetscape workbook to assist neighborhood residents with the design of street improvements. Project cost: $29,000.00. The planning project was completed by the consulting firm A. Gail Boorman & Associates, Inc. . The CRA completed two updates to the CRA's 2004 Market Study. The project was completed by the consulting firm Real Estate Research Consultants: o Update to the projected Tax Increment Financing (TIF) revenues expected over the next 20 years. Project cost: $3,000.00. o Update to the Residential Market Study to determine the trends in residential development, redevelopment and to analyze the potential for CRA residential infill projects. Project cost: $17,500.00. . Engineering of Davis Boulevard transportation safety street lighting project continued with 90% of the design plans being completed. Project is expected to be bid in the spring 2007 after final approval from FDOT is received. The project estimated cost: $1.3M - 1.5M (county cost - with $635,000 FDOT grant awarded 8 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 14 of 19 in 2004) with the CRA contributing $150,000 towards the upgrade of the 88 light poles from standard FDOT spun aluminum to designer sheppard's hook style. · The CRA commissioned the Bayshore-Shadowlawn Transportation Corridor Study in conjunction with the Collier County Transportation Division. The study is to determine public infrastructure improvements to this corridor and make recommendations to the CRA and Transportation Division to correct deficiencies and increase public safety. This project is identified in the CRA Master Plan. Project cost: $114,000 ($54,000 CRA contribution). Project completion date is January 2007. The project was awarded to by the consulting firm Carter & Burgess, Inc. · The CRA recommended approval of its first Mixed Use Project, Arboretum Village, which complied with the Bayshore Mixed Use Overlay. This 415 residential and 140,000 square feet commercial project will be a redevelopment of a 200 unit, 20 year old apartment complex that doesn't meet current building codes. The project planner, Planning Development Inc., will deliver its Site Development Plan to the County in March 2007 for approval. · A private enterprise venture, Botanical Place - a planned unit development, a 218 unit (including 46 affordable housing units) received its final Certificate of Occupancy. · A private enterprise venture, Cirrus Pointe - a planned unit development (PUD), a 108 unit (including 34 affordable housing units) received its PUD approval and plans to complete its SDP in early 2007. · A 501(c)(3) venture, Naples Botanical Gardens, received a $10M donation from a local benefactor to assist funding the botanical garden's site development plan. The CRA is working with the Gardens to install perimeter sidewalks in the right- of-way. · The CRA acquired a $7M Line of Credit from Wachovia Bank to conduct property acquisitions that support the Redevelopment Master Plan as identified as area catalyst projects. · The CRA purchased 17 acres of undeveloped land identified in the CRA Master Plan for $4.6M to plan a mixed use entertainment center project that will include a mix of housing (including artist lofts), commercial space (that supports public activities and cultural activities), a public access pathway through the land to a county regional park, and a multi-use cultural center to support the underserved local community. The CRA will advertise a Request for Proposals (RFP) for design build teams in early 2007. · The CRA has worked closely with County Stormwater Department to survey an area prone to flooding and design a stormwater retention pond system to meet 9 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 15of19 quality and quantity requirements. The CRA's participation facilitated the planning and design of a community walking/jogging path around the pond's perimeter to add a community asset to the site. . The CRA contributed $529,000 from CRA reserves to purchase 1.48 acres of additional land for future pond expansion. The additional land will give the CRA stormwater credits to use as an incentive to encourage future redevelopment in the area. 8. Impact of the projects, as a result of receiving funding under the eRA Act, on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. A. Immokalee Redevelopment Area The Immokalee Weed and Seed program has substantially benefited residents in the target area - while concurrently aligning itself with the redevelopment plan. In accordance with Section 4.4 of the plan (Community Objectives), the enhancement of the community image and the perception of the community as a safe town are emphasized in the area in order to "increase community policing activities; maximize current recreational activities; create an incentive program for litter control and neighborhood cleaning." Also, under Section 4.7 (Redevelopment Area Goals), "neighborhood stability is encouraged through the implementation of additional streetlights, sidewalks, and the landscaping throughout the community." B. Bavshore/Gatewav Triangle Redevelopment Area. Each project's impact has an ongoing affect as residents discover new amenities or get to use improved infrastructure. Indirect monetary affects are realized by the CRA as CRA nF continues to increase each year, thus providing more revenues to reinvest in CRA Redevelopment Master Plan projects. · The Site Improvement Grants resulted in the approval of 14 projects and a 3: 1 private to public dollar match. · The Bayshore & Gateway Triangle Zoning Overlays have encouraged one mixed use project and energized property owners to consider redevelopment of their property. 10 Exhibit "A" Agenda Item No. 14A March 27,2007 Page 16 of 19 · The CRA's sponsorship and project management of the residential road paving has increased the quality of life for those with houses on these streets, and property values have also increased as a result of the paved street. . Property owners (residential and commercial) understand the lengthy time involved in designing and permitting an area-wide stormwater project. Even though construction has not begun, the land owners know it is coming in the near future. · The Davis Blvd commercial corridor businesses have requested transportation lighting on their section of a 6-laned divided arterial road for years. They appreciate that funding has been secured to construct the project. . Bayshore-Shadowlawn Corridor Study has identified pedestrian and cyclist improvements at key locations nears local churches and elementary schools. Heavy public participation in the planning process ensured the public's buy-in to the results and recommendations of the fmal report. . Two residential condo projects with affordable housing components will provide residential units across the entire residential market spectrum; thus building a truly mixed income neighborhood. Once the CRA's 17 acre project is planned and constructed, the local populace will have pedestrian access to a regional park and be provided access to cultural and artistic venues. 9. The number of housing units rehabilitated or constructed at various stages of development, predevelopment phase, construction phase, completion and sellout or lease-up phase, and condominium or property management phase by the community-based development organization during the reporting period. A. Immokalee Redevelopment Area The redevelopment area does not operate a housing rehabilitation program. However, the Immokalee area did successfully operate a 3-year LMI housing impact fee deferral program (which sunset in November 2006) and which helped over 100 low and moderate income families and involved more than $1,000,000 in deferrals. B. Bavshore/Gatewav Triangle Redevelopment Area The Bayshore Gateway Triangle CRA did not have a housing purchase-rehabilitation-sale program in FY06; however that program is being developed for inception in FY07. Private residential development (Botanical Place) with 281 units with 64 affordable II Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 17 of 19 housing units included has received its certificate of occupancy. Cirrus Pointe and Arboretum Village are in the site development plan stage in FY07. 10. Number of housing units, number of projects, and number of persons served by prior projects developed by the organization, the amounts of project financing leverage with state funds for each prior and current project, and the incremental amounts of local and state real estate tax and sales tax revenue generated directly by the projects and programs annually. A. Immokalee Redevelopment Area Tax increments will not be known until the next property tax year, as counties tax one year in arrears, per state law. However, FY 05-06 increments totaled $491,400 and are budgeted at $803,800 for the current fiscal year ending on September 30th, 2007 The recipients' properties listed above will be analyzed in the next fiscal year for property tax increases. B. Bavshore/Gatewav Triangle Redevelopment Area · There were no CRA generated, funded and controlled housing projects during this period. · The Davis Blvd FDOT lighting project received $635,000 in a FDOT grant in 2004. That grant will be matched by county transportation funds and CRA matching funds to upscale the light poles. · Local real estate tax (county property tax) collected above the base year 2000 has continued to increase as property values increase and as property changes hands thus tripping the County Tax Assessor's re-evaluation of the land/property. · This portion of the CRA has witnessed a doubling of real estate taxable values between 2000 and 2005 (taxes are paid in arrears). o Year Taxable Value nF o 1999 $288,081,106 ZERO o 2006 $752,488,224 $1,940,383 11. The number of jobs, both permanent and temporary, received by individuals who were directly assisted by the community-based development organization through assistance to the businesses such as loan or other credit assistance. A. Immokalee Redevelopment Area 12 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 18 of 19 N/A B. Bayshore/Gateway Triangle Redevelopment Area N/A 12. Identification and explanation of changes in the bouBdaries of the service area. A. Immokalee Redevelopment Area As previously stated, there have been no changes to the boundaries of the Immokalee Redevelopment Agency B. Bayshore/Gatewav Triangle Redevelopment Area None. 13. The impact of completed projects on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. A. Immokalee Redevelopment Area There have been no completed projects during FY 05-06. B. Bavshore/Gateway Triangle Redevelopment Area Each project's impact has an ongoing affect as residents discover new amenities or get to use improved infrastructure. Indirect monetary affects are realized by the CRA as CRA TIF continues to increase each year, thus providing more revenues to reinvest in CRA Redevelopment Master Plan projects. 13 Agenda Item No. 14A March 27, 2007 Page 19 of 19 CRA RESOLUTION NO. 07-_ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, AMENDING CRA RESOLUTION NO. 2001-98 AS IT RELATES TO THE BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY. WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency (CRA) approved CRA Resolution 2001-98 which adopted bylaws for the CRA and its advisory boards; and WHEREAS, the CRA wishes to amend Section I a) of Article V of its bylaws as it relates to its annual meeting, and has determined that all requirements necessary to amend this bylaw have been met. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, that 1. The Bylaws of the Community Redevelopment Agency of Collier County, Florida, are amended as follows: ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Section 2-36 - 2-41 of the Code of Laws and Ordinance of Collier County unless otherwise specified below. a) Annual: An annual meeting of this Agency shall be held in the month of :f.atHttlFy March of each year, and on the date and at the time and place to be determined by the Board, if other than at a regular meeting. 2. Except as modified above, the Bylaws adopted through CRA Resolution No. 2001-98 shall remain in full force and effect. This Resolution adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, CHAIRMAN , Deputy Clerk Jeffrey Mana ...- - Agenda Item No. 148 March 27, 2007 Page 1 of 20 EXECUTIVE SUMMARY Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to IOD) OBJECTIVE: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCC) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by the CRA agency. On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non- revolving Line of Credit with Wachovia Bank as a result of a CRA advertised Invitation To Bid. (ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA's Line of Credit with Wachovia Bank. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Gateway Triangle sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project - Exhibit A. CRA acquisition of targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. Agenda Item No. 148 March 27, 2007 Page 2 of 20 After months of discussions and negotiations with the property owners in the mini-triangle area, the Local CRA Advisory Board recommends that the CRA Board purchase 1.66 acres of commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real estate purchase contract for $3.5 million for this parcel is attached for the CRA Board to review and approve for the Chairman to sign. The contract has a due diligence expiration date of July 10,2007 and a closing date of July 30, 2007. The Bayshore Gateway Triangle CRA Trust Fund does not have the cash reserves to purchase the land; however, the CRA does have the financial strength in its nF growth projections to incur another line of credit up to $12 million - Exhibit B "PFM's Memorandum: Funding Options and Debt Capacity of the CRA". Based upon discussions with the County's Finance Committee, independent financial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via invitation to bid. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax-exempt debt issuance. Therefore, conventional tax-exempt municipal debt or commercial paper cannot be used. Securing a taxable loan provides the best approach for a timely and cost effective financing. Since CRA tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies will be necessary no less than fifteen (15) days before closing the transaction. Due to the high cost to acquire large sums of financing, an additional loan amount over the purchase price of this parcel is requested as a set-aside for the future acquisition of other parcels within the mini-triangle and surrounding the identified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurred administrative costs. The Collier County Finance Committee reviewed Exhibit B and the request to advertise for second bank line of credit. By motion, the Committee recommended that with approval of the CRA Board and BCC, the CRA should proceed with an Invitation To Bid for $9 million. The county's financial advisor and bond counsel indicate that the invitation to bid process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest money deposit for the 1.66 acre parcel. CRA tax increment revenues are sufficient to cover projected debt service payments on the $9M financing and all other CRA debt requirements. Budget amendments will be necessary to set up the required debt service reserve and acknowledge draws on the line of credit. This financing will require the pledge of CRA tax increment revenues as the debt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. Agenda Item No. 148 March 27, 2007 Page 3 of 20 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. LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. Prepared by David L. Jackson on February 11,2007 Executive Director, Bayshore Gateway Triangle CRA Item Number: Item Summary: Meeting Date: Agenda Item No. 148 March 27. 2007 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14B Recommendation for the Collier County Community Redevelopment Agency (CRA) to authonze the Bayshore Gateway Tnangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an emount not to exceed $9,000,000 from a commercial lender selected via InVitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency. and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA fundS as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments (David Jackson. Executive Director, Bayshore/Gateway CRA) (Companion Item to 10D) 3/27/2007900:00 AM Dale Prepared By David Jackson Community Redevelopment Agency Executive Director BayshoreMGateway Redevelopment 3114/20076:29:48 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/15/200711:21 AM Date Approved By Marjorie M. StudentMStirling Assistant County Attorney 3/15/20072:35 PM Approved By County Attorney County Attorney Office Steve Carnell Date Administrative Services Purchasing/General Svcs Director Purchasing 3/15/20074:11 PM App roved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/16120077:39 AM Mark Isackson Date App roved By County Manager's Office Budget Analyst Office of Management & Budget 3119/20075:53 PM App roved By Michael Smykowski County Manager's Office Management & Budget Director Dale Office of Management & Budget 3120/20074:45 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3120/2007 6:52 PM Agenda Item No. 148 March 27, 2007 Page 5 of 20 ASSIGNMENT OF CONTRACT This Assignment of Contract IS made and entered into this 6th day of February, 2007, by and between LEO J. SALVATORI, TRUSTEE, hereinafter referred to as "Assignor"; in favor of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as "Assignee"). For and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged. Assignor does hereby assign unto Assignee all of its right. title and interest in and to that certain Commercial Contract dated January 31, 2007, by and between Leo J. Salvatori, Trustee, as Buyer; and Fifth Avenue Plaza, LLC, as Seller, a true and correct copy of which Commercial Contract is attached hereto as Exhibit "Ab and incorporated herein by virtue of this reference. AssIgnor also assigns to Assignee aU right, title and interest (if any) in the earnest money deposit made by Assignor to the Seller pursuant to the terms of the Commercial Contract (Exhibit "AU). By execution hereof, Assignee does hereby agree to be bound by the terms and provisions of said Commercial Contract. IN WITNESS WHEREOF, the undersigned has set its hand and.;;ea~e date and year first 1 .1 written above. / ,...,--, ,," : l ASSIGNO~: I I { I ASSIGNEE: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Witness No. 1 Signature Witness No.2 Signature By: , as Prolaw:677046 Commercial Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item No. 148 March 27,2007 Page 6 of 20 1. PURCHASE AND SALE: Leo J. Salvatori, as Trustee, or assigns 2' agrees to buy and Fifth Avenue Plaza, LLC, a Florida limited liability company 3' agrees to sell the Property described as: Street Address: 1807 Tamiami Trail East 4' Naples, FL 34112 ("Buyer") ("Seller") 5' Legal Description: See Exhibit "A" attached hereto and made a part hereof 6' 7' and the following Personal Property: 8' 9 (all collectively referred to as the 'Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13' 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by 15' (b) Additional deposit to be made wi#lffi 2 Salvatori & Wood, P.L. $ $ $ 3,450,000.00 1,000.00 9,000.00 days from Effective Data 16' (c) Total mortgages (as referenced in Paragraph 3) $ N/A '-.7" (d) Other: Addi tional deposit after expiration of Due Diliqence Period $ 90,000.00 3,350,000.00 18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ certified or cashier's check or wire transfer. 19 20' 3. THIRD PARTY FINANCING: Within days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for 21' third party financing in the amount of $ % or the purchase price to be amortized over a period of _ or 22' years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not 23' to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 27* financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within _ days from 28 Effective Date ("Financing Period'), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 retumed to Buyer in accordance with Paragraph 9. 30' Buyer <---> <~ and Seller <---> (~ acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS~ All Rights Reserved LEO J SALVATORI 4001 T AMIAMI TR N NAPLES, FL 34103 -Phone: (239) 263 - 1484 Fax: (239) 649 - 1706 Trudy Smith Produced with ZipForm"" by RE FormsNet, LLC 18Q25 Fifteen M\le Road. Clinton Township. Michigan 48036 'MNW.zipform.com Meridian-Fifth i 31" 4. TITLE: Seller has the legal capacity 32' 0 other 33 but subject to property taxes for the year of 34* other matters to which title will be subject} None 35' 36 provided there exists at closing no violation of the 37* commercial development Agenda Item No. 14B March 27, 2007 Page 7 of 20 to and will convey marketable title to the Property by !Xl statutory warranty deed , free of liens, easements and encumbrances of record or known to Seller, closing; covenants, restrictions and public utility easements of record; and (list any foregoing and none of them prevents Buyer's intended use of the Property as 36* (a) Evidence of Title: Seller will, at (check one) !Xl Seller's 0 Buyer's expense and within ~ days !Xl from Effective Date 39* 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40* ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42' 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title 48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49* written notice and Seller cures the defects within 30 days from receipt of the notice ("Curative Period"). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57' 1XI Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58* engineering documents, if any, and the following documents relevant to this transaction: environmental assessments I 59' leases, en ti tlement , correspondence wi governmen tal aqencies , prepared for Seller or in Seller's 60 possession, which show all currently existing structures. 61* ~ Buyer will, at 0 Seller's 1&1 Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63' Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing 64' encroachments !Xl such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress or Egress: Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on 68' or before the ,or within ~ days from Effective Date ("Closing Date"), unless otherwise extended 69' herein. IXl Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within 170 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll, 76 tenant and lender estoppel letters. assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. 82' Buyer <---> ~ and Seller <---> <~ acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced wilt1 ZIPForm™ by RE FormsNet LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.zioform.com Meridian-Fifth .-... ( Ailllnda Item No. 146 83' (c) Taxes, Assessments, Prorations: The following items will be made current and prorated 1XI Ma~ ;CtQ!limo7Date 84' 0 as of .: real estate ~axes, bond and assessment payments assume~lUfia~rest, rents association dues insurance premiums acceptable to Buyer, operational expenses and N I A . If th~ amount of tax~ and assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 86' affecting the Property: None , . . . ' 69 Buyer will be responsible for all assessments of .any kind ~hlch. become due and, oWIng o~ or after Effective D~te, unless the 90 improvement is substantially completed as of ClOSing Date, In which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FJRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S,") if Seller is a "foreign person' as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide. at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97" 6. ESCROW: Buyer and Seller authorize Sal va tori & Wood, P. L. 96' Telephone: (239) 263-1480 Facsimile: (239) 649-0158 Address: 4001 Tamiami Trail North Suite 330 99* Naples, FL 34103 to act as "Escrow Agent" 100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101* Agent will deposit all funds received in !XI a non-interest bearing escrow account 0 an interest bearing escrow account with 102' interest accruing to with interest disbursed (check one) 0 at closing 103' 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 preyiously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes, In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 lnterpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 85' -.:! 14 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is' condition, ordinary 5 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties ,6 other than marketability of title. By accepting the Property "as is", Buyer waives all claims against Seller for any defects in the 117 Property. (Check (a) or (b)) 116* 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119' !XI (b) Due Diligence Period: Buyer will, at Buyer's expense and within 160 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions;. flood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is' condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 136 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated, 140"Buyer (----.J (----.J and Seller (--.-J (----.J acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNe~ llC 16025 Fifteen Mile Road, Clinton Township, Michigan 46035 www.zipform.com Meridian-Fifth Agenda Item No. 148 March 27, 2007 Page 9 of 20 141 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 142 conduct a final "walk-through. inspection of the Property to determine compliance with this paragraph and to ensure that all 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 146 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154' Buyer's intended use of the Property will be permitted 1XI only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be retumed in 157 accordance with applicable Florida laws and regulations. 156 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit{s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 166 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172* (a) Listing Broker: Jordan 0 'Mara 173* who is UD an agent of John R. Wood 1XI a transaction broker D a nonrepresentative 174' and who will be compensated by 1XI Seller 0 Buyer 0 both parties pursuant to 1XI a listing agreement D other (specify) 175' 2.5% of Purchase Price 176* 177' 178' (b) Cooperating Broker: Will.iam. J. Bayes who is IXI an agent of Amerivest and who will be compensated by D Buyer 1XI Seller 0 both parties pursuant to cooperating broker D other (specify) 2 .5% of Purchase Price 1XI a transaction broker 0 a nonrepresentative 1XI an MLS or other offer of compensation to a 179' 180' 181* 182* 183* 184* 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 186 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 169 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192" 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise D is not assignable 193*1XI is assignable. The terms "Buyer,. "Seller" and "Broke~' may be singular or plural. This Contract is binding upon Buyer, Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195* Buyer <----> (----> and Seller <---> <---> acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipFormThl by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zioformcom Meridian-Fifth . ( i Agenda Item No. 146 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an aodenMm-~ ~ ~tact): 197* 0 Arbitration 0 Seller Warranty 0 Existing Mortgage Page 10 of 20 198' 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other l' 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other J' 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 aU purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218* DEPOSIT RECEIPT: Deposit of $ 1,000.00 by ~ check 0 other received on 219' January 2007 , _ by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222' signed copy delivered to Buyer or Buyer's agent no later than 5: 00 D a.m. !XI p.m. on January 23 ,2007, 3 Buyer may revoke this offer and receive a refund of all deposits. 224* Date: BUYER: Tax ID No: Leo J Salvatori, as Trustee Title: Telephone: (239) 593-3100 Facsimile: Address: 4001 Tamiami Trail North, Suite 330, Naples, FL 34103 225* 226' 227' Date: BUYER: Tax ID No: 228* 229* Title: Address: Telephone: Facsimile: 230* ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (0 subject to the 231 attached counter offer). 232* Date: SELLER: 233' Title: 234* Address: 235' Date: SELLER: 236* Title: 237* Address: Tax 10 No: Telephone: Facsimile: Tax 10 No: Telephone: Facsimile: 238* Buyer <----> (----> and Seller (-> (----> acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. Th~ Florida Association of REAL TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ThiS standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as aREAL TOR@. REAL TOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@ and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 01997 Florida Association of REAL TORSiIll All Rights Reserved Produced with ZipForm™ by RE FormsNet. LLC 18025 Fifteen Mile Road. Clinton. Township, Michigan 48035 WWW.ziDform.com Meridian-Fifth lIgends Item No. MB----- **r* OR: 3911 PGt~~j1 ~~ Exhibit itA It Beginning at the Northwest comer of Section 11, Township 50 South. Range 25 East, in the County of Collier, State of Florida; Thence run North 89039'10" Easl378.50 feel to a point; Thence run South 1024'36" West 6089 feet to a point in the Southerty right-of-way line of State Road No. 858; Thence run along the right-of-way line of said Stale Road No. 858, North 6902747" East 50 feet to a pipe marker. being the POINT OF BEGINNING; Thence contmue along said right-of-way line of said State Road No 858. 235.80 feet to a point marked with an iron pin; Thence run South 00033'21" East 39304 feet to a point on the North line of U.S. Route No. 41; Thence run Northwesterty along the Northerly line of U: S. Route No. 41 to a pipe marker on the said Northerly right-of- w8'1line of U. S. No. 41; thence run North 16023'41. East a distance of 19359 feet to the point or place of beginning. Said property being bounded on the West by property described in a Deed dated August 19, 1963, from Charles Antonopoulos to Cities Service Oil Company. recorded in O. R. Book 148, at Page 471. of the Public Records of Collier County, Florida. Less and Except the lands taken by the State of Florida. Departmenl of Transportation as described in that certain Order ofTaking recorded in Official Records Book 2364, page 1444, of the Public Records of CoRiB( County. Florida. 141 uu~ 31472'ffl.%,da ItEp1l~o. 148 March 27,2007 P,b' Page 12 of 20 P. 02 01/~1/07 'iltOI F~ .. J~-31-20B'? es;S6 ( ---1. ( POLSINELLI JDI'II R WODQ I KC. JRN..!2~~Qnll1OO 09~ In Pn \l9t)C r1l:12!f8t414& lU! .hn 11 2M1 n:21 FAX 1W, 239 i13 e24~ eaao.nlal CI.I"'ItICI ~AUOctAT1CIM OF flf.AIo'T'O". 1- 1,'l~_IlA"&l'" 3. .~_~. .. ~.~. fJI! .,.1._ I' If'lIA' ~ I!IltM'll ~"'* ~ PJ.a_. LlrIC. .a nu:l.... lud.MII J.a..........~ -- ii' ...... 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I: j' '::J :::l ~uc, - " ", ~ <3 S, t3: [_,._____7'.7___-'--" ~ 1 ,,' ", :::l to ~" ./8~ i: .~ (' l .~:~;~f1 ".__I,.z~~.~~zL~~~~~....~..~, .~~,~~, _::~~-,---- : _..~r...r.LI""'A . .U..1r.~':;'~....;."~ar.;" ~.,,---: : ': i r,.:: 'd ,I. ,-#--':' - " : ~.;, " i _<f'.~~ , -.. ' ~.. : i"". L AJ." : ~ L. '1 ~ '~. .:0: : ~n, I ,.,~ ! DQ:,: ~ ~~;. I ~;' 1101 !:q: i ::S' :a: M ~ 1: :1 :! :1 " " ,. ; , i 'j il ) Ii, ': ~ ~ ,1 , 'j ;1 } crt h: clf'( II, , . L. " f._ _ .___,__,,____ _ _,_.__ . . "----,-.----.- ____.._ _,___ J .....,;;;r- - - -- -- -==- The PFM Group ~ 13350 Metro Parkway Suite 302- Fort Myers, FL 33966 Agenda Item No. 148 239D. ?7, 2007 239- - TiJ>a of 20 www February 22, 2007 Memorandum To: David Jackson, Bayshore Gateway Triangle CRA, Collier Cmmty, Florida Mike Smykowski, Collier County Administration Steve MilleL Nabors Giblin & Nickerson FI"OOl: Hal Canary Kelly Ryman Lauren Shelton Public Financial Management. Inc, Re: Funding Options and Debt Capacity of Bay shore Gateway Triangle Community Redevelopment Agency Public Financial Management, Inc. C'PFM") was requested by the Collier County, Florida ("County") Community Redevelopment Agency ("CRA") staff to analyze the remaining debt capacity of the CRA Tax Increment Revenue pledge. PFM has provided several potential structuring options in order to utilize the CRA's debt capacity. In 2006, the CRA borrowed $4.533 million on a $7 million (non-revolving) Line of Credit ("LOC") through Wachovia. PFM reviewed the outstanding LOC loan documents and Wachovia's additional parity debt language when structuring these future debt issuance scenarios. General Assumptions General Assumptions Issue Date May 1. 2007 Term AlIo\\ for 15 veal's of Debt SeD" ice First Principal Date October I. 2007 First Interest Date October 1. 2007 Revenue Constraint Based on Estimated Collection from the CRA - nMedium" Scenano Minimum Coverage 1. 50:\. Scenario 1: Taxable Bond Issue to refinance current LOC and pro\'ide additional monies for future projects. Scenario 2: Taxable Bond Issue \napped arollnd outstanding LOC. Agenda Item No. 148 March 27, 2007 .. . Page 19 of 20 .:==- - - =_....:.:..:= - ~==- ~ Collier County, Florida Febnwry 22, 200~ l'ago: 2 Specific Assumptions Assumptions Scenario 1 Scenario 2 Undel"\\Titer's Discount $()!Bond $(i/Bond Bond Insurance 35 bos 35 bps Surety Polic\ 3.(l()(!;, 3 .O()/\'o FL AAA/lns. Revenue FL AAAJlns. Revenue Interest Rate T<L\:able Scale (2il010(,) + 15 Taxable Scale (2120/06) + 15 bps bps Fill to Revenue C onstramt at Wrap Around outstanding Structure I.5Ox coverage LOC and Fill to Revenue Constraint at 1.50:,; cmerage Scenario 3A: Taxable. Non-RevolYing LOC \\rapped aIOlU1d outstanding LOC. Scenario 38: Taxable. Re\ohing LOC "rapped arollnd outstanding LOC. S I)eci fi c Assumpti ons Assumptions Scenario 3A Scenario3B Interest Rate 75()(~';) per WachO\ia ABT 7. 75(l". per Wachmia ABT + 25 b s for re,'olvin LOC Fill to Rewnue Constraint at I ,SOX cover e Structure Fill to Re\'enue Constraint at 1.5Ox coveraoe Results Scenario 1 ScenaJ;o 2 Scenario 3A Scenario 3B 1f Par Amount $18,77 million $1 () 05 milliol $11,15 million $11.87 million TIC '\'u (,001% 5 ~):'i5";, 7501'\" 7 751"'4, > Project Fund Monies $13.58 million $15 (,-/. 111111101 $12,1111l1lion $11. 81mi 11 IOn available Total Debt Service $-/.-L51 million $11.7 million $10,98 million $12,81 million A verage Annual Debt $3,31 million $2.17 111111l0n $168 million $1.-/.8 nullion Service Ma'\:imum Annual $4,8(, million $325 million $3, X I null ion $5 II million Debt Service Final Maturity 10/111020 lOll /2017 lOll/2(11) IO/l/20ll Detailed analyses of each scenario are attached. --- -- - - --..-..-.-- ---._+._~ -- "IlllIII!!=- Collier County, Florida February 22, 200':' Page 3 Agenda Item No. 148 March 27, 2007 Page 20 of 20 Recommendation Based upon the assumptions and estimated median revenues provided by the eRA, each scenario provides at least $11 million for future land p,~chases while meeting the 1.50x AdditIonal Bonds Test. The structure provided in each scenario is quite aggressive and assumes maximizing the use of all projected revenues. The current revenue projections used in each scenario have maximum revenue of approximately $8.7 million in 2022. The outstanding Wachovia LOC has $4.553 million outstanding and $2.467 remaining with a final maturity of October 2011. Given the projected revenues and outstanding principal amount of the Wachovia LOC, PFM suggests refinancing the current LOC through a bond issue to fully utilize the CRA's revenues. The Wachovia loan requires any future variable rate loans ("LOC") to be calculated at 7.50 percent for the Additional Bonds Test. The current taxable bond market (fixed rate debt) provides rates of approximately 5.3 percent to 5.9 percent, given the suggested structure. If the CRA opts to issue a Request for Qualifications for an additional LOC, a payment schedule for the outstanding LOC will be needed to ensure creditworthiness of the CRA and its' outstanding loans. Prior to finalizing a structure for an actual debt issuance, PFM recommends a conference call ,"vith the working group to discuss future debt issuances to be made in connection with thedLOC and prepayment thereof Agenda Item No. 16A 1 March 27, 2007 Page 1 of 24 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 2006080916 Maria Martinez 4572 Golden Gate Parkway $134.27 2005030956 Scott & Denise Weikel 4925 Barcelona Circle $174.82 2006010288 Scott & Denise Weikel 4925 Barcelona Circle $238.65 2005030956 & 2006010288 Scott & Denise Weikel 4925 Barcelona Circle $2,500.00 20006050413 Ronald Abel 2172 41 5t Terrace SW $161.57 2913 Neurology Physicians Building & Land, LLC 1660 Medical Blvd. Ste.# 200 $470.00 CO: 10259 Michael Zager & Paula Rhodes 557 Cypress Way E. $50.00 DAS: 11101 Casey Lynn Naymola 4960 Tamarind Ridge Dr. $314.00 CO: 2004070342 Luciano & Renee De Andrade 1075 Pine 1sle Lane $203.82 OSM: 2006010714 Heriberto Perez 165 4th St. $170.97 2005020181 & 2006031121 Saint Louise Moise 4415 Thomasson Lane $996.43 2005031112 Baldridge Real Estate, Inc. 3777 Tamiami Trail East $1,836.16 2005100897 Borah Partners LLC 1231 Skyline Drive $187.24 2006030970 David & PriscilIa Lollis 160 Jeepers Drive $157.12 2005050790 Arturo Gonzalez 4608 Normandy Drive $1,063.47 2005030853 Niko Glinos 1796 44th Terrace SW $142.14 2005090266 Sabas Sanchez 2980 8th Ave SE $2,129.15 2006011358 Stephen & Philmene Octavien 5473 Martin Street $176.68 2004090706 Guillermo Martinez 1796 43rd St. SW $32,198.66 2004090955 Daniel & Ladonna Greenling 1931 J & C Blvd. $161.91 OSM, at O.R. Book 3837, Page 0586 Taylor Square Village c/o Roberto BoUt 3000 Orange Gove Trail nJa TOTAL $43,467.06 -, Rev 12/06 Agenda Item No. 16A 1 March 27,2007 Page 2 of 24 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 $210,00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Nichole Jennings, Administrative Secretary, Code Enforcement -- Rev 12/06 Item Number: Item Summary: Meeting Date: Agenda Item No. 16Al March 27, 2007 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3127/20079:00:00 AM Date Prepared By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcemenl 2/28120072:47:16 PM Date App roved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement 3191200710:03 AM Approved By Date Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 319/20075:31 PM Approved By Date Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/12/20079:16 AM App roved By Date Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/1312007 3:39 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/14/2007 8:31 AM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 311512007 5: 12 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/15/20079:16 PM Agenda Item No. 16A 1 March 27, 2007 Page 4 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34] 04 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 6, 2006, a certified copy of which was recorded on November 3, 2006, in O.R. Book 4132, Page(s) 1737, 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 Maria Martinez, has been discharged in full: Folio No. Cost: Reference: 35980280009 $134.27 2006080916 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 Maria Martinez, and consents to this lien being discharged of record. Dated 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. 16A 1 March 27, 2007 Page 5 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 12, 2005, a certified copy of which was recorded on October 17, 2005, in O.R. Book 3912, Page(s) 3635 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 Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $174.82 2005030956 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 Scott and Denise Weikel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: \ t t County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 6 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated May 5, 2006, a certified copy of which was recorded on May 11, 2006, in O.R. Book 4035, Page(s) 0414 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 Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $238.65 2006010288 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 Scott and Denise Weikel, and consents to this lien being discharged of record. Dated 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: ~:3C ~ ASSl ant County Attorney Agenda Item No. 16A 1 March 27,2007 Page 7 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 16, 2006, a certified copy of which was recorded on November 6, 2006, in O.R. Book 4134, Page(s) 0210 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 Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $2,500.00 2005030956&2006010288 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 Scott and Denise Weikel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,C~ Approved as to form and legal sufficiency: ~ JeffE. WJ 'gh Assist County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 8 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 7, 2006, a certified copy of which was recorded on July 21, 2006, in O.R. Book 4076, Page(s) 0657 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 Ronald Abel, has been discharged in full: Ronald Abel 2172 41 5t Terrace SW Naples, F134116 Folio No. Cost: Reference: 35780080001 $161.57 2006050413 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 Ronald Abel, and consents to this lien being discharged of record. Dated 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. 16A 1 March 27,2007 Page 9 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Page(s) 0019, 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 Neurology Physicians Building & Land, LLC, has been discharged in full. Lots 7 and 8, Block B, EASTGA TE SUBDMSION, Collier County Florida Folio No. Cost: Reference: 30480280009 $470.00 #2913 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 Neurology Physicians Building & Land, LLC, and consents to this lien being discharged of record. Dated this day of ,2007. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ht t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 10 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated February 17, 2006, a certified copy of which was recorded on February 24, 2006 in O.R. Book 3988, Page(s) 0995, 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 Michael Zager and Paula Rhodes, has been discharged in full. Michael Zager and Paula Rhodes 557 Cypress Way E. Naples, FL 34110 Folio No. Cost: Reference: 65322840006 $50.00 CO: 10259 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 by Michael Zager and Paula Rhodes, and consents to this lien being discharged of record. Dated 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: ~ Je Wright As tant County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 11 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 19, 2006, a certified copy of which was recorded on June 5, 2006 in O.R. Book 4049, Page(s) 1816, 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 Casey Lynn Naymo1a, has been discharged in full. Casey Lynn Naymola 4960 Tamarind Ridge Dr. Naples, FL 34119 Folio No. Cost: Reference: nla $314.00 DAS: 11101 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 Casey Lynn Naymola, and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMESCOLETTA,C~AN By: Approved as to form and legal sufficiency: t t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 12 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated December 7, 2004, a certified copy of which was recorded on December 14, 2005, in O.R. Book 3695, Page(s) 4152 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 Luciano and Renee De Andrade, has been discharged in full. Luciano and Renee De Andrade 1075 Pine Isle Lane Naples, FL Folio No. Cost: Reference: 24323000006 $203.82 CO# 2004070342 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 Luciano and Renee De Andrade, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CHAllUdAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27, 2007 Page 13 of 24 This instrument prepared by: JeiTE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated March 17, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page{s) 0857, 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 Heriberto Perez, has been discharged in full. Heriberto Perez 165 4th S1. Naples, FL 34112 Folio No. Cost: Reference: 77213360007 $170.97 OSM 2006010714 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 Heriberto Perez, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27,2007 Page 14 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 21, 2006, a certified copy of which was recorded on August 2, 2006, in O.R. Book 4081, Page(s) 2673 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 Saint Louise Moise, has been discharged in full: Saint Louise Moise 4415 Thomasson Lane Naples, FL 34112 Folio No. Cost: Reference: 67491080009 $996.43 2005020181 and 2006031121 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 Saint Louis Moise and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAllUdAN Approved as to form and legal sufficiency: ~~ .. Jeff. . Assis t County Attorney Agenda Item No. 16A1 March 27,2007 Page 15 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 15, 2005, a certified copy of which was recorded on July 21, 2005, in O.R. Book 3850, Page(s) 0392 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 Baldridge Real Estate Inc., has been discharged in full: Baldridge Real Estate, Inc. 3777 Tamiami Trail East Naples, FL Folio No. Cost: Reference: 00393560008 $1,836.16 2005031112 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 Baldridge Real Estate, Inc. consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CH~AN Approved as to form and legal sufficiency: I ~~ Je E. ri t Ass t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 16 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 19, 2006, a certified copy of which was recorded on June 5, 2006, in O.R. Book 4049, Page(s) 1819 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 Borah Partners LLC, has been discharged in full: Borah Partners LLC 1231 Skyline Drive Naples, FL Folio No. Cost: Reference: 00734200008 $187.24 2005100897 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 Borah Partners LLC and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Assis ant co~ty ~~rneY Agenda Item No. 16A 1 March 27, 2007 Page 17 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 5, 2006, a certified copy of which was recorded on May 11, 2006, in O.R. Book 4035 Page(s) 0435 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 David and Priscilla Lollis, has been discharged in full: David and Priscilla Lollis 160 Jeepers Drive Naples, FL Folio No. Cost: Reference: 53401280007 $157.12 2006030970 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 David and Priscilla Lollis and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CHA~ Approved as to form and legal sufficiency: , Jeff~ Assist County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 18 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated August 5,2005, a certified copy of which was recorded on August 9, 2005, in O.R. Book 3863 Page(s) 2935 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 Arturo Gonzalez, has been discharged in full: Arturo Gonzalez 4608 Normandy Drive Naples, FL Folio No. Cost: Reference: 22620320009 $1,063.47 2005050790 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 Arturo Gonzalez and consents to this lien being discharged of record. Dated 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: ~~ - -:::t: - Jeff. ri Assi t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 19 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 15, 2005, a certified copy of which was recorded on July 21, 2005, in O.R. Book 3850 Page(s} 0400 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 Niko Glinos, has been discharged in full: Niko Glinos 1796 44 Terrace SW Naples, Fl Folio No. Cost: Reference: 35763920007 $142.14 2005030853 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 Niko Glinos and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~'=t Jeff. right Assistant County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 20 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated December 16, 2005, a certified copy of which was recorded on January 6, 2006, in O.R. Book 3961, Page(s) 0787 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 Sabas Sanchez, has been discharged in full: Sabas Sanchez 2980 8th Ave SE Naples, FL Folio No. Cost: Reference: 40987641005 $2,129.15 2005090266 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 Sabas Sanchez and consents to this lien being discharged of record. Dated 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. 16A 1 March 27, 2007 Page 21 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAenON OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated April 7, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page(s) 0902 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 Stephen and Philmene Octavien, has been discharged in full: Stephen and Philmene Octavien 5473 Martin Street Naples, FL 34113 Folio No. Cost: Reference: 62207640007 $176.68 2006011358 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 Stephen and Philmene Octavien and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CH~ Approved as to form and legal sufficiency: \ Agenda Item No. 16A 1 March 27, 2007 Page 22 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30] Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated March 7, 2005, a certified copy of which was recorded on April 19, 2005, in O.R. Book 3777, Page(s) 4129 ofthe 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 Guillermo Martinez, has been discharged in full: Guillermo Martinez 1796 43rd St. S.W. Naples, FI Folio No. Cost: Reference: 35765440006 $32,198.66 2004090706 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 Guillermo Martinez and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIR.MAN Approved as to form and legal sufficiency: ., Agenda Item No. 16A 1 March 27, 2007 Page 23 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated April 20, 2005, a certified copy of which was recorded on April 26, 2005, in O.R. Book 3783, Page(s) 0751 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 Daniel and Ladonna Greenling, has been discharged in full: Folio No. Cost: Reference: 00248000008 $161.91 2004090955 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 Daniel and Ladonna Greenling and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAllUdAN By: Approved as to form and legal sufficiency: lil This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 Agenda Item No. 16A 1 March 27, 2007 Page 24 of 24 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: Taylor Square Village c/o Roberto Bollt 3000 Orange Grove Trail Naples, FL The Order imposing the lien was recorded on July 6, 2005, at Official Record Book 3837 Page 0586, in the Official Records of Collier County, State of Florida. The lien secures an undetermined principal sum, and imposes certain obligations against real property situated in Collier County, Florida. Cost: undetermined Reference: OSM, at O.R. Book 3837, Page 0586 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 COLElT A, Chairman and legal sufficiency i""-' ~,,,,...,.. Agenda Item No. 16A2 March 27,2007 Page 1 of 33 EXEeUTIVE SUMMARY Recommendation to approve a modification to Resolution 2004-04 and Commercial Excavation Permit No, 59,648 "Winchester Lake Commercial Excavation", located in Section 16, Township 48 South, Range 28 East to allow for increased excavation to a depth of 30 ft, OBJECTIVE: To issue a modification to Commercial Excavation Permit 59.648, to Southern Sand and Stone for the project known as "Winchester Lake Commercial Excavation" in accordance with Article 4 of Chapter 22 of the Collier County Code of Laws and Ordinances. The project is bounded on the north by land zoned Estates, on the west by the Faka Union Canal then land zoned Estates, on the south by Oilwell Road and then land zoned Estates, and on the east by vacant land zoned Agricultural. CONSIDERATIONS Winchester Lake Commercial Excavation (a.k.a. "Shaggy Cypress") sits on 654.12 acres, which is a little more than one square mile (640 ac.), on the east side of Golden Gate Estates, in a "notch" in the eastern boundary of the Estates zoning just on the north side of Oil well Road (CR 858). The project was approved by the BCC on 6 October 1998 as Excavation # 59.648. The permit allowed removal of 19 million cubic yards of fill and creation of a 604 acre lake to a depth of 20 ft. below original grade. The petitioner would have been allowed to go deeper at the time, but borings showed that the quality of the material declined at greater depths. The Resolution allowed a depth of 25 ft. The plan called for retention of a 100 ft. unplanted buffer with berm on the north and west sides and a 50 ft. unplanted buffer with berm on the south and east sides, which left no room for the construction of a subdivision when the lake was completed. This was done because, at the time the excavation was being permitted, the fill was worth more than the land and the excavator had no intention of creating a subdivision on the land after the pit was done. Now the parcel is being considered for rezone to Mixed-Use PUD. Staff estimates from aerial photos and monitoring reports that about 2/3 of the excavation has been done, both area-wise and volume-wise. In 2004, Resolution 2004-04 was passed by the BCC, and Section I. of that Resolution allows an excavation depth of 25 ft. below existing grade. Geotechnical explorations of the site have determined that the excavation can go to 30 ft. deep in certain areas without touching the underlying semi- confining layer, which is composed of a silty clay that is worthless as fill. The petitioner will spread the fill from the additional excavated depth on-site and will sell some off-site. FISCAL IMPACT: All fees and bonds were paid or posted at permit issuance. This is actually a lessening of impact from the original permit if the excavation does not proceed to completion. 1 .,,".""- Agenda Item No. 16A2 March 27, 2007 Page 2 of 33 GROWTH MANAGEMENT IMP ACT: None. STAFF CONSIDERATIONS: The Board of County Commissioners may grant a modification to a Commercial Excavation Permit if the permit application requirements and excavation permit criteria of Section 22, Article IV, of the Collier County Code of Laws and Ordinances are met. The EAC recommended that prior to permit issuance, the petitioner's environmentalist will walk the site with representative(s) of the C.c. Environmental Review Department to determine the need for species surveys. The applicant is required, by code, to submit a listed species survey for staff review. A site visit by staff may not be necessary. LEGAL CONSIDERATIONS: These matters are typically not reviewed by the Office of the County Attorney. STAFF RECOMMENDATION: That the Board of County Commissioners approve the modification of Excavation Permit No. 59.648 to Southern Sand and Stone for the project known as "Winchester Lake Commercial Excavation" with the following stipulations: 1. If groundwater is to be pumped during the excavating activity, a South Florida Water Management District Dewatering Permit must be obtained. 2. The petitioner cannot breach any confining of semi-confining layers with this additional depth of excavation. 3. Environmental Review staff shall review the modified Excavation Permit Amendment prior to issuance. Listed Species Surveys and other relevant information will be required as part of that review. PREPARED BY: Stan Chrzanowski, P .E., Engineering Review Manager, Engineering Review Services - 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 March 27. 2007 Page 3 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve a modification to Resolution 2004.04 and Commercial Excavation Permit No. 59.648 "Winchester Lake Commerclel Excavation, located In Section 16, Township 48 South. Range 28 East to allow for increased excavation to a depth of 30 It 3127/20079:00:00 AM Engineering Review Manager Date Prepared By Stan Chrzanows.ki Community Development & Environmental Services Engineering Services 3/8/200712:06:12 PM Approved By COES Engineering Services Director Date Thomas E. Kuck. P.E, Community Development & Environmental Services COES Engineering Services 3/8/20071:51 PM Martene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 319/2007 5:50 PM Date Approved By Judy Puig Community ~velopment & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/12120079:16 AM Barbara S. Burgeson Principal Environmental Specialist Date Approved By Community Development & Environmental Services Environmental Services 3113/200710:52 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/13/20073:43 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/14/2007 8:35 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/15/20078:35 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 31171200710:21 AM N I'- C"') <{OC"') <00_ .,-NO 0"":"'" ZNQ) r-Ol E (J co Q)"-a.. ...-CO -;;;~ "0 c: Q.) Ol <{ =' II ! ! a. . <( . ::E R R ~ W ! . . l- I - . (j) . . . . . . . . J ! ! I ! ! e 2 I fI) w ;; ! I ~ I ::.:: I . . , I , <: :rI'IOS Oi.l.Ol< I ~ L... - f- en w :c () z ~ 6<:' .~'S a. <( ::E z "' 0 '" " - cJ J. l- e::( U 0 .....J n ilil U ~ ~ z ~ ~ ~ .~6 '~':l ~U-I <$,pP" ~ RESOLUTION NO. 2004- ~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS PROVIDING FOR THE CONFIRMATION OF THE PRIOR ESTABLISHMENT OF CONDITIONAL USE "I" IN "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIF1CA TION OF TIlE STIPULATIONS GOVERNING THE OPERATION OF THE EARlHMINING FACILITY LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA. 178 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and 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 Development Code (Ordinance No. 91-102, 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, on September 22, 1998, the Board of Zoning Appeals of CoIIier County, Florida, approved Resolution Number 98-395 which established an earthrnining facility conditional use (Conditional Use "I" of Section 2.2.2.3 in Rural Agricultural "A" Zone of the Land Development Code); and WHEREAS, Paragraph "b" of Exhibit "D" of said Resolution provides as follows: The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. WHEREAS, Resolution Number 98-395, as recorded, remains in full force and effect; and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. CUR.2003-AR-3776 1-2 Agenda Item No. 16A2 March 27, 2007 Page 5 of 33 ~f 178 ~~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CUR-2003-AR-3776, filed by Jeff L. Davidson, DAVIDSON ENGINEERING, INC., representing, Joseph D. Bonness of Southern Sand and Stone, Inc" with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use" I" of LDC Section 2.2,2.3 of the "A" Zoning District for earthmining and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "E" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOL VED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Do., "'" IJ day of J" .. '" . 2004. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLUER OUNTY. FLORIDA . ....,.4,.., - -. ,- , ~ Assistant County Attorney CUR-2003-AR-3776 2-2 Agenda Item No. 16A2 March 27,2007 Page 6 of 33 Agenda Item No. 16A2 178 March 27, 2007 Page 7 ~EF 2 2 1991 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-9B-12 The following facts are found: 1, Section 2.2.2.3,1 of the Land Development Code ~uthorized . the conditional use, . . 2. Granting tpe 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: . 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 o~ the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN : f/CU-J'-12 FINDING or PACT CHAIRMANI EXHIBIT "A" Legal Description 178 Agenda Item No. 16A2 March 27, 2007 Page 8 SEP 2 2 199 Section 16, Township 48 South, Range 28 East, less the south 50 feet Road. ROW" Collier County, Florida, ' EXHIBIT "B" ~ 178 I Agl!nda Item No. 16A2 M~ 27, 2007 59090133 I ' . = ~ Zm I .'1 I~ - 'I~ I' ,. z t: a !i . = III -!It a :!I S 1= ill =1 52 III' r I ' .~ I III ii" 1_; IJ" Iii - z " .. - Pi . ~.IH. FAHIAUNIOJC cuw.. I, I is 11'I i= ... ~ 111 Ii. :: . III I II i . iln i i I · ~ ;C'I _. ""cNI I,. IIIgra1li p- I; :c i~ I IS III " CIa ~ ..... I ....1 -. EXHIBIT "e" , ' i' I I I I " !..t!.. iF I I . I Is I I I " *1 ',.178 AGREEMENT - {- Agenda Item No. 16[\2. March~t,~~7l199a Page 10 of 3.3 <If . 1 I, Jeff L. Davidso.n. as authorized agent for Petition CU-98-12, agree to tbe following stipulations ~equested ,by the comer C~unty ~bmn~~g. Commission in their public hearing on September 3, 1998. . Plannin2 Services: a. The CurTcnt Planning Manager may apProve ~or changes in the locatiQD, siting, or height of buildings, structures, and improvements authorized by the conditional use, Expansion of the uses identified and approved within this conditional use application, or major changes to the site' plan submitted as part of this application, 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 Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102), b, The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and t~ assure public health, safety and welfare 'is adequately addressed. Development Services staffwill use the following standards in their review and, in the event of the 'inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeal.s using the Land Development Code procedural requirement for appeals, The standards for review are: 1. At least six months prior to the fifth anniversary of the Board of Zoning Appeals approvals, applicant shall submit ~ noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. 2. At least six months prior to the :fifth anniversary of this approval, applicant will submit to Development Services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 858, the project's impact on County Road 858, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the section of County Road 858 from the project entrance on CR 858 to the intersection of CR 858 and CR 846. Additional mitigative measures that may be required include: EXHIBIT "D"' I .. f. 1'( fj Agenda Item No. 16A2 M~7;(~0f998 Page 11 of 33 ~- (a) Project contribution (on a proportioDBl share basis) to add simalization or turn lanes for other public roads or for institutional I uses access~on County Road 858 west of the project. (b) Limitation of the number ofbaul tripS from the project to a maximum of 175 per 24-hour period. I ( c) Changes in days or hours of Operation but DO less than 60 hours of operation ~ week (Stipulation I) ~ les~ project traffic interface with school or other traffic on CR 858 or other impacted' County , roads, (d) Contribution of its proportionate share costs for any additional sidewalks needed in the vicinity of ~y institutional uses located on County Road 858. .. ee) Mitigation of abnormal wear or tear caused by ~ project's use of County Road 858 west of its entrance that are not addressed by the payment of impact fees. 3. Develop,ment Services Department may require additional studies or reports to demonstrate that there arc no adverse environmental impacts, resulting from operations of Winchester Lakes. ' c. The petitioner shall remove all exotic ve2etation on site as listed in the LDC 3,9.6.4.1 prior to any excavation activities on site, Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. d, Turn lanes shall be required, both eastbOund and w~und,' on CR 858 at the project entrance, e, The petitioner shall be responsible for the maintenance of the turn lanes for the life of the projcct Failure to properly maintain the pavement shoulders, signage. and .. pavement markings shall be cause for revocation of the CU permit. A condition survey ofCR 858 from its intersection with CR 846 shall be performed by the Road and Bridge Section prior to the start of any activity on this site. The results of that survey shall be used as B baseline for future maintenance of the roadway, g, " The petitioner shall post a maintenance bond in the amount of $] 00.000,00 for the life of the project. This bond shall be used for the maintenance of CR 858 damages EXHIBIT "Dw 2 1. m,. 178 above normal wear and tear caused by this proJect. Agenda Item No. 16A2 Marc~~oo~ i Pag~~ro~:t 1998 h. A ;trafiic routing plan shall be submitted to.the County for review and approval prior to the start of any earth ~i*g activitj on the site. A copy of this plan shall be fOrwBrQed to the Collier County 'Board' of Public Schools. i. Hours of operation shall be 7 a.m. to 7 p.m. Monday through Friday; no excavation or hauling operation shall be allowed on Saturday or Sunday. except in instances where contracts for "public" jobs dj~te otherwise. j. Any blasting shall require a permit from Planning Services and shall comply with Collier County Blasting Ordinance. k. The appliCants shall install a berm not less than six feet in height aloDg the property lines adjacent to the Estates zoned properties as each phase is initiated, The excavation shalJ be limited to a lowest DOssible bottom elevation of 25 feet below existing grade unless a permit modification is applied for through the EAB and the BeC and shall be no shallower than.} 0 feet below existing In'8fIe, Prior to any site ,improvement proposed in relation to this excavatioD or clearing, the owner shall contact the USACOE and SFWMD to determine if wetland permitting is needed, If so. aU agency permits shall be obtained. prior to the commencement of any site improvements. ~~ P R OR AGENT State of Florida County of Collier The ,foregoing Agreement Sheet was acknowledged befo1'C' ,me' this -D... day of SEPTEt\.\bE.R... 1998. by ::r~.J:f:.~\(1. V,lWI\)~ .J. who is personally known to me or who has produced FlL bilE!IvER. ~ LI ~(::as identification and who did (did not) take an oath, ~mcp~~ (Signature of Notary Public) NOTARY PUBLIC Commission # G:: fa 1 (0 '8"1 ~ My Commission Expires: q -d. - 0 I EXHIBIT "Dn 3 Gl Mr~~ EXPIIE8: ....... 2. 3ID1 ""'1I1nr __ PaM;.......... Agenda Item No. 16A2 March 27, 2007 1 7 B . Pag~pf 232 1998 ~Lud~ ' REPRESENTATIVE FOR cepe' State of Florida County of Collier The foregoing Agree~ent Sheet ~ acknowledged before. me this l1:tli day of' Sef?1;r:;nf"r . 1998, by J71, Ch4e r Davis. who is personally known tg me or who h8s produced as identification and Who did (did DOt) take' an oath. . ... ~:_..... ......1IIlI..., NIl" L , NOTARY PUBLIC. Commission # My Commission Expires: . EXHIBIT "0" 4 1.78 SUPPLEMENTAL COr,rnmONS' CUR-2003-AR-3776 . RESOLUTION 98-395 . Agenda Item No. 16A2 March 27, 2007 Page 14 of 33 '.~~ 1, Item (b) CU-98-12 shall be amended to require a re-reviewed on a 5-year cycle from the anniversary date of its approval until the earth mining operation is completed. . 2, Item (g) CU-98-12 shall be amended to require a $500.000.00 maintenance bond shall be maintained for the life of this project. . 3. Item (k) CU-98-12 shall be amended to require a berm to be installed and maintained of not less than ten feet in height along the property lines adjacent to the Estates zo~ed properties. 4. These modifications shall be incorporated within the original Conditions of Approval attached to CU-98-12, and shall be make,part ,of the official r~cord. . EXHIBIT "E" ~~..'': Water Resource Solutions A Division of ENTRIX, Inc, .428 Pine Island Road, S.W. . Cape Coral, Florida 33991 .2029 Bayside Parkway. Fort Myers, Florida 33901 Agenda Item No. 16A2 March 27, 2007 Page 15 of 33 "",,_.>.~'---,. ~ . Phone: (239) 574-1919 . Fax: (239) 574-8106 . phone: (239) 334-4435 . Fax: (239) 334-6932 December 6,2006 Mr. Stan Chrzanowski Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Summary of Results of Soil Borings Winchester Lakes Borrow Pit Collier County, Florida WRS File No. 1169002 Dear Mr. Chrzanowski: Water Hesource Solutions, Inc. (WRS) is pleased to provide a summary of the results of soil borings advanced at the referenced project. The Winchester Lakes facility is an existing borrow pit. The purpose of this summary is to provide the proposed excavation depths of lakes, based on the top of the potential confining unit that separates the water-table aquifer from the underlying Lower Tamiami Aquifer, and to recommend maximum excavation depths. WRS reviewed results of previously advanced soil borings and completed additional soil borings to aid in assessing the confining layer. WRS reviewed the report prepared by Law Engineering and Environmental Services, Inc. (Law) entitled" Report of Drilling Services and Soil Evaluation, Proposed Winchester Pif' (November 7,2000). The Law report includes the results of6 soil borings that were advanced to a depth of 60 feet below land surface (bls). Results of the Law soil borings (attached as ExhibitA) indicate that the top of a "soft, sandy clay" interval occurs at depths between 14 and 28 feet bls. The base of this unit occurs at depths between 23 and 33 feet bls. On November 21 and 22, 2006, WRS advanced an additional 3 soil borings to depths between 45 and 98 feet bls to further correlate the depth of the potential confining unit. Refer to Table 1 for lithologic logs of the soil borings. Soil borings were advanced using continuous split spoon techniques, while samples were described in the field by a WRS hydrogeologist. Results indicate that surface sand is underlain by marl, which is a mixture of sand, silt and clay, that commonly includes limestone and shell fragments. Marl does not represent confinement. This marl is underlain by an olive-green, silty clay that represents a semi-confining layer. The "soft, sandy clay" interval described in the Law report is likely a combination of both the marl and the olive-green silty clay units. 1169002 Winchester Lakes Soil Logs Summary2. wpd WRS Mr. Stan Chrzanowski December 6,2006 Page 2 of 2 Agenda Item No. 16A2 March 27, 2007 Page 16 of 33 Review of soil borings suggest that the olive-green, silty clay represents the first semi- confining unit on-site. The thickness of this unit ranges between 3 and 6 feet. The proposed depth of excavation is no deeper than 3 feet above the base of the olive-green I silty clay layer. This proposed depth varies on-site between 20 and 30 feet. The proposed excavation depths for each lake or lake portion are as follows: Lake 1 (North) - 25 feet bls Lake 1 (Central) - 28 feet bls Lake 1 (South) - 30 feet bls Lake 2 - 20 feet bls Lake 3 - 25 feet bls Lake 4 - 30 feet bls Lake 5 - 25 feet bls Lake 6 - 23 feet bls Should you have any comments or questions, or require additional information, please do not hesitate to contact me at (239) 334-4435, extension 24 or bbarnes@wrsolutions.com. Sincerely, WATER RESOURCE SOLUTIONS, INC, ~fe~ ~ -~-- Senior Scientist BKB/nlf 1169002 Winchester Lakes 501) Logs Summary2. wpd WRS -....:..--.-..-- --~tem-b10::=.'t6A:2:----"- ~., March 27,2007 ---Ii Page 17 of 33 II I' II Ii Ii Ii I' APPROXIMATE PROPERTY BOUNDARY '[ RECHARGE TRENCH (TYPICAL) - '~F~~~~~H)I '20 ~ ~LJ ,~~ ~~~~~)I . 125 ~ ~LJ I~F~~OBl['":)1 . . 125 ~~ ~LJ 123 ~J. ~LS~ .. OIL VlELL ROAD (CR 858) ~ LAWB1 o = g~~~~~~C:N~~~.:EL~~~~CATlON o DESIGNATION AND APPROXIMATE LOCATION WRS ~1 . OF SOIL BORING INSTALLED BY WRS LAKE 1 (SOUTH). RECOMMENDED EXCAVATION DEPTH 30 FEET BLS FOR LAKE. OR LAKE PORTION LL APPROXIMATE SCALE I I o 400' BOO' !' -.---..--_.___.1 ~ ~I, ~ter Resource Solutions PROJECT NAME: WINCHESTER LAKES PROJECT NUMBER: 1169002 ---------...-- .-..-.---.------.---- .---..-..-- FIGURE 1. MAP SHOWING THE PROPOSED EXCAVATION DEPTHS FOR LAKES. DWG. NUMBER: 1 DATE: 5 ~. ~~ T j Ii ! Table 1. Agenda Item No. 16A2 Lithologic Logs of Soil Borings WRS-B 1, WRS-B2 and WRS-B3~~~~~ ~~ ~~~~ Soil Depth Boring below Description grade (ft) 0-8 Sand, dark brown, fine to medium grain. 8 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 12 - 17 Sand, light brown, medium grain; trace of silt. WRS-B 1 17 - 27 Marl (a mixture of sand, silt and clay), light grey; limestone an shell fragments. 27 - 33 Silty clay, olive green, semi stiff, plastic, limestone fragments. 33 - 45 Limestone, light grey, poorly indurated; fossiliferous. 0-8 Sand, dark brown, fine to medium grain; trace of silt. 8 - 14 Limestone, light grey, poorly indurated; fossiliferous. WRS-B2 14;. 22 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 22 - 26 Silty clay, olive green, semi stiff, plastic; limestone fragments. 26 - 45 Limestone, light grey, poorly indurated; fossiliferous. 0-9 Sand, dark brown, fine to medium grain. 9 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 12 - 14 Limestone, light grey, poorly indurated; fossiliferous. WRS-B3 14 - 22 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 22 - 25 Silty clay, olive green, semi stiff, plastic; limestone fragments. 25 - 98 Limestone, light grey, poorly indurated; fossiliferous. 1169002 Winchester Lakes SoH Logs Summary2,wpa WRS Agenda Item No. 16A2 March 27, 2007 Page 19 of 33 EXHIBIT A SOIL BORING LOGS FROM THE REPORT PREPARED BY LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. (LAW) ENTITLED "REPORT OF DRILLING SERVICES AND SOIL EVALUA TION, PROPOSED WINCHESTER PIT" (NOVEMBER 7, 2000) 1169002 Winchester LIllres SoIl Logs Summary2. wpd WRS PROPOSED WiNCHESTER PI T NAPLES. CO"I.11ER.. COVNTY rI.O~fOA SB-2 , CORN FIBLDS' SANDlInOH SEED GRASS 5S-6 q.' n::/",,,ua ,,__, I ,"v. '. v, 2 March 27, 20 7 d50 of 3 NOT TO SCALS Sa..3 S B-S OPEN LAND $8-1 OIL WELL ROAD SB-4 Prepared/Date: AFC 11/07/00 Checkec)Oc'te: HLS 11/07/00 LAW LAWGIBB Group Uembsr ~ SORING LOCATION PLAN Project 4032v-O-Ice7-m-&>> F'isvre 2 .__.....,.".___n__.___- ---'---.' -_.-"---- . Agenaa Item NO. I bP\1 March 27, 200 Page 21 of 3 CORRJtL,.\UON 0'1 PE."'f.&1'RATIOl'f :aESJSTANCC WlTH1U:LATIVE l>ENSlTY &"fD CONSISTENCY PARTICALSIZE IDENTIFICATION P.E.LA TIVB DENSITY V Cl'J Loose Loose finP vcry F'um Ceue Vet')'OcMo CONSIS'I'E.NCY v~::ft Firm set!! V~ff Very Hard HARDNESS V~~ft ModiWA Hard Moderatoty Hard HUd DEI'lNlTlONS AND KEY TO DRILLING SYMBOLS NO. OF BI..OWS, N 0-4 ~.tO SANDS: 1 \-10 21.30 31.50 OVER. 50 BOUt.D~RS; . COBBLES: ORA VEt.: COES4. FlM- SANDS: Coarse - Mecllum.. Pine . SILTS" CLAYS: Oreater rhen 300 JrW 1$ mm to 300 =at 19.0 zcm to 75 mm ..7S ZND to 19.0 m.m 2,00 m.m to 4.1S IIU'I1 0,425 mm rD 2.00 tI1D1 0.075 mm to 0.425 mm IMa than O.D7~ mm 0-2 3-4 SlL TS '.8 Ie 9-15 CLAYS:. 1~30 '1-50 OV!.l. 50 MODIPISRS Slh!htly sUty or ,Ujhtly c:tayey !lll)' or cla):oy Very aUty or very clayey ^E'prox. FiMs CoUtCDl 5$ [0 12" 12" to ~O~ . 30~ to 50% 0-19 LIMESTONE 20-49 50-100 50 POll. 2".'" SO rea O. .2" Natural Moist:l.n COt1fOut ~c Contezit ~cl Lbait PlUde Limit PiDes PIaU"" No. 200 Sieve Wtiah' ofDrWb1g R~ Me: oc: LL: PL: P-200: WOR: I WAlc!:J; Table 14 <<a. i Walet T8b1e at Time of Dtillitl8 4lI Less of DrUllng fluid , KEY TO SOIL CLASStttCAl'lONS I l='adisMtcc! Sample S Split-Spoon Simple >--~ E} Time Rate of DrllUng ]I[ m; rr:: D i'i:l;t~ \lm!:i .1. .\.! SILT PINE SANO ill,' . . . .; . of. 1:T.' ~ ll[ ~ '. 'I. EI. " " " ~ &I ~ II SAi'{t) wrm LlMnTONE FR.AOMENTS SUOH'rL Y SILTY PINE SANO SILTY SAND wrrH ORA VEL SILTY FINE SAND :-r.;1; j~: o.;.:;.a FINE SAND wtTB saBLL VEllY SILTY PINE Sk'lO :-n: . 11 ~ ~ WEATHERED 1JMESTONE SUOHTLY CLAYEY FINE SAND SOft to VERY SOPT UMESTONE MsotuM TO MODERA'l'BL Y HARD LIMESTONE HARO UMESTONE etA YBY FIN'e SANtl VER. Y CLA YSY FINE SAND , - a - SANDY CLAY ''':~:''' ::~~ FIN! SAND WITH ROO1'S SIL'I'Y eLA Y II PEAT CLAY .~ " ~ ....~,.:;.. ~': .~ ..~ ""', ~{I'I -~~;.'. ~: .... IS foo r 11 fa) '0 - son. CLASSIFlCA nON' AND REMARKS S21 KeY SYMBOL 5Hl!fT rOl !Xi'1A"fA noN OF S"fMBOLS Il!iD ABB1\B\It.\'l1ON8 BELOw. VoIY .. iW'liJ (:5 t<:>,::: r.. '''.,' f ' I r , r :0 IS 20 2.S 30 "'I . i ! S/" - ~ ~)R :s 3~ ~ S ! ~ 40 ~ .' :z'., :. .'....... .' ;.... .:-" DllI.E2l: P. Pills EQUl}I~: o-so METROD; S!L~l'cnelr.1i1on1":Jt~D,1586 HOlJH'l1A., , Ir.m~ ~~: R01"AllYOM.tlNG; OROUND WA1EIl L.EVm.: 3 ~ nDS RECOR:D IS A UASONADLL INt6RPlUn'AnON or SUBstJUACS OONDlILONi ;..T TH"B SXPL.ORA TIDN LOCA-nON. SUBSWACECONDmONS AT onnm. LOCAnONS}JI/D A.T cmmR 11MBS MAY DIJil'ER. IN'l'BRFAaB BEWBEN sntA.'I'A. A1Ut A.PPROXlMA'rE. TlVlNsmOHS BETW!E.~ S'mA.TA MAY BE GUDl:A!., I.. It o Ii N o . .... E L E V ill) N A T tI R. A L a R. 0 U .N 0 s u R 'i A C B ~ Ii L B V ^ r 1 l) ~ }</ N 0 T I $-4-1 2.1.1 J>~ ~ u.~ IIJo :L NO.16A · I':msr"') March 27,200 . sn~ Page 22 of 3 10 .ao so 60 70 90 SO IW 3.)-'; l.H 10 20 5 10 J . ~ .. , 1'$ 2 ~ 4 13 4 30 i '.J.] ( 135 o 10 a 30 4(l S 60 7tl so 1IO 100 PROJECT NAME: WIN~ PIT PROJECT LOC.: NAPLES, COILIER COUN1Y, FLORlDA PRomcrNo,: 40nO-O-l087.ot.800 DRILLED: t0/11/)000 BORING No,: B.t PAGE [ !4~rou~ Mombor J.. ' lO-ln.1D 20 to 8 Pl..fU Mo1~) u"t1l ! i,. ~e[ldd ht::1 No. 16A G I A 11H!S(%} March 27, 200 e V .m~ Page 23 of 33 N D (1\) 30 .co so eo 10 80 110 100 N A T U It A I. 5-403 , 45 Q 1l 0 11 N 1) a 15-t1-20 10 .. J: A C a I!. 9-4<5 9 1 L I! ss V A T . .. t .. :.. 0 . " .' N , " .1'1 '4-5. It dO ~ ^ V A- I 1. '" 65 ' 11 I L ! ^ T T 1 70 M S 0 -1 p 1 0 R .I 1 7' L L 1 N G ~~ son.. CLASSIFlCATIO~ .ANDREMARKS ., i p T H m lEY SYMBOL SftE!T roa EX.PLANATION 0' i SYMBOLS A}>ID.Al8UVIATION$ ,aow, l~ ~. · 4S ~ . ; S) ss 60 61 1 70 ![I Q, ;. ~ 7S .... c:t !l.. D!Ul.LEI\:. P. Pi\tll !QtJD'MJ!l'lT; o.so ~O! Slal'Idald h:Ileb.lll/ll Tell ASTM ]),1586 HOloS DlA.: J inlrhec REMAlUCS, ROTAAY nRlU.tlCi: GROUND WJ..Tn LEVEL: ) 1M T!:US UCOI.O IS ^RBASONABt.8IMIEllPUt',\'IlON OJl SUBStJ1U'ACB COND111ONS AT'TH! !XPLORA 110N LOCATI<>''f. SLlBSt",VACBCON.DmOSS ATO'I'Sn LOCATtON$ AND AT onma. T1MI!S V.AY n~l'E1L IN'I'aFACEl~!WEBN STRATAAUAPPROXlMA 'fE. Tll.At'Sl'IlONS BS1"NeEN StI.A.'rA. M^T88 OllDWJ... . .. ~j~~;.~ 4t...:y; , ~li" '. ;..f ~,:. . ..w;.~...itoY....:: . o 10 20 ,)0 <0 $0 GO 10 10 so 100 fR.Omer NAi\1E: VlISCHESTER PIT PROJECT LOCI. NAPLES, COLLIER COUNTY. FLORIDA PROJECT No,: 403,~O.O-1087'()1..g00 DRILLED: 10/1111000 BORL"iG 'ND.: 5-1 M.mblll' ~ ~-_..... " ..-.---,-'-----' ;SOIL CL.A.SSIFICATION I.. I ~ ~M1PLES PL $") NM~) :..L~%) , Ii :: L S , I , M"D RBMA.RXS C I! T ~TN.VAU!S .6. ~~tem No. 16A2 r 1: V I~ ~ 1.. ~ arch 27, 2007 if I se. KEY SYMBOL SHEIn' jlO~ !l(P(..AN...TlON OF ~ I · m(bpt) Page 24 of 33 .ft) SY:\GOLS ANP AB'9PJj\'JAT10NS BELOW. I> (d) li!!~ 10 10 30 40 '0 cD 711 " 110 IQl 11 ~1J:tV J'1I" SAN ~ .' ," :'i ~-6-' I" , ',0 !;too A - . U 4-6-1 JA r,: '.: 0;0 ~ :, : II A . '. 1 t U-S II j .' J , . 0 I It i -i 0 7.706 13 l- I U I VER'/ l.OOS~ ftS'Ililzy S.\~D (B:..i) " .' 1'1 .. D 1 . . H-I 1 r \0 - S 10 c; r 11. .' " , ~ ^ c t- 0'. , I! ~ '. r Ii " '0' L J.z.z .. " ".. Jj 1!. I' V . ,0' A , '. r :.: .:' :.0 I .. 0 ~ SOl'! p:ly saM:, etA Y t'el:f ,. ~ , I N 2.~.1 4 ~1 0 20 l' A V ^ L 25~ L ) II. B 15 L B A T ~:tJ1tj .li,nt;y oetll~lc( (8M) 0,:' T 30 l " r 30 .. }lot i .... ,;:,:" J! ~ i . ' " .. .. , '.. ~ ""/%1 ~~ ~ ~[ '$ S.S -6 11 )$ lI:l ~l ; &0&.1 13 .. 4Q :PROJECT NAMEt WINCHESTER. PIT PROJECT LOC,: NAPLES. COLLIER COUNTY, fLORJDA 1ROJEC'l' No. ~ 40320..0-1087.01.800 DRILLED; 1 Olt 6/2000 BOlUNG No.: B.2 PAGE ! L~ ~ UWG"'~ ~. M."",,, _ DlUtLER: t. Pius 2Ql,,'D'MENr. O.$C Mlm!OD: S~P-=ntiOIl TllIr ASf).{ D.1S86 HOt.!! DlA.: ~ i!lR1t:6 REMlJU:5: I""r- 0........ aROUND WAtER LEVEL: 3 !hI THlS lU!CORD IS A UASONABLE IN1'EiU'R!rAnoN Of SIJBSt..'lFACE CO~'D1nONS AT THE 1!XPLOllA'TION LOCAnoN. SUltSUVACBCONDmONS AT OII-:ER LOe... nONS AND AT OTH81. T1M!lS MAY DmnR. ~Aces,BBWE!N STRATA A1t.! APPROXIMA'Tl!. nANSmONS ~ SDATA MAY UGRADUAl. ,~,.; L;:~\:.,. ,~ '..' . . ~, .", , " i1,'l><.~ . , -:#j'l OF 2 I -~.-----"' . , -----.---.----.-.. -- , j I ~ son. CLASSIFICATION AND RSMAlUtS su.UV SYMBQ1.$KIiT f'Olt I!XPLANA'ItON OF SYMBOLS A."m .umu:vaTlONS 1lIl.OW. CJl1 l~ 61 '~ so J 55 ~ amlN.'Cl1 60 ~ 10 1 t .. t. G Ii S' V N 0 C*l N A r 'tJ It A I. a R 8 N 0 S u t A C ! E 1. E V A T 1 C I'l N 0 T A V A 1 , .. A. .9 t- It ^ T T [ M ! 0 r D Il I L i N G f't.,.~ mI~~l ~QR Its o.16A2 · ('lfoMarch 27,2007 . SPT(bpf) Page 25 of 33 ~ an'o 100 1. I A-ls.9 4$ 1~1.f8 J~ so ~ 64 55 34-37-" 70 ~ 65 70 ~ 7$ I o lO 10 30 <40 so ~ 1fl 80 ~ 100 PROJECT NA.L\fE; WINCHBSTBR. PIT PltOJECl'LOC.: NAPLES, COLLIER. COUNTY. FLOPJDA PROJECT No.: 4032()"o.1087..o1-800 DRILLED: 1 O/l5/'lOOO BOIcING No.: B.2 PAGE 2 OF:Z fiI! o...p ""'be' J. J D2lSUJl.lt: P Pil1S lQUtPMENTI 1)..10 Ml!1tiOD: SlUdird Penelr.Itioa Tat J..S!M o.t$" HOLE DII\.: 1 i~ha REMMJ(S; JlOT...RY DWJNO: QltOL'ND WATEllI..SVEl.I ) roe<< nus.RECORD 18 AUASONADLB ~AnoN OPSUBSUU'A.CP.COND.IT!ONS AT 1.lmEXPLOUnow LOCAnON. $USSUU'ACB CONDmo.lllS AT OTHER. LOCA. TIONS AND A.'rot'HBlt TJMES M." Y t>1mm. .IN~ACE,S ~ S'IRAT.... AUAl'PltOXlMATE. ' '11Vl&'iSmONS !I!'n\'!EN S'nV.TA MA YBll OJW:)UAL. ",., ~ '~~ ~--,..-- :'-'i:J-~-~-' - SOtL CLk~If'ICAnON L E SAMPI..ES PLi") NM (~) U.~) S .. L !" AND'M~"'" ".. I T lI:.cDt1I'..,. N.V.Al.UE ~Ucl Ilclll o.16A2 0 l! T e v '/ .. €%March 27, 2007 II SEE nY~t.~!'OR 2lCPUJ'fATION Of N p~~GJ . SlT(bpf) Page 26 of 33 I (f SYMBOLS ANI) ABBJU:V1A.TXlt/S ~LOw. i) (1\) I!.!!! I II> 20 30 4/) so al 70 80 90 100 I ) " .. " Q:,,>:::, N 3~ 10 .\ .. Vl:ll.Y,1RM broWll , , "'i T u II ,:! 1. 1"1 A. i- L 8 , , ", :.. Q R. 0 &-5-6 11 ': .:,.....:. u . .'" '. , N Vl!K l' rClWlll'1lty '. , -'.1 D .' . .... 1.\-1 t Il'l 8 10 U R J .. p ,', " ',' A . . , c " ! V psy Ii ~ L 1.[.( ~ :, !! IJ I ,- r " I' -l A- t r T t 0 N - 1.I.Z 3 ZG UI 2$ ~ 1ll (SOFT' .LlM1!STONB) 30 ! '"' ~ . ! 3$ ~ il ~- <Ill j I I "\ p~OIl:'l1 110\ . " .. .2$ .. 30 15 DRDJ.!1t P. Pllts EQlIlrMENT: ~so MJm{Ot); SllncWdl'&t\CllIlJ.>nTOlII ASN D-I~ari HOLE DtA.: 1 u..:.... R.i~: ROTARY ORIU..lSO: \ I GtlO(J~o WA.-mt!.4VU; l,a Ccct T1i~ RECORD IS A R.Ef.SONABLE INTElV'l!T.6, nON OF StJDStmFACE cowmONS .\T nm BXPlORA1'IO:-l LOC", TLON. SUSSt]R;ACE COW1Tl0US AT O'I'R!?. LOCATIONS AND Aionma TIMES M\Y DIFFEl\. lNT.!!JUlACES BiWEBN SD.ATA ARE APPROXlMA Ta TRANSlnONS B!twm!N !mt\TAMAY BS CiMmJAL. Pll.OJECT NAME: WlNCHESTEll PIT PROJECT LOC.I NAPLES, COI..U:ER COUNTY, FLORIDA PROJECT No.: 40:32000-1087-01-800 DRILLED: 10/1312000 BORING No.: D.3 PAGE 2 1_ ~rou~ Member J. I ----------...-.- , ~1....") 6 JC&)la It~NO. 16A ~--'~' .... SOIL CLASSlP'ICATION L It l! ! 1- p .AND RE~ a E T r B v y March 27, 200 H 3A DT SYMBQLSH!!!TPOR IJCPI.RtAnON 0' )of ,.~~~ . S1'T' (bpI) Page 27 of 3 ~ sn.moLS AND ABBREV1o\TQtS BBLOW, D C~ i.!!;l 10 10 30 .co $0 60 10 fO !II) ICO 1117 .D 10 4.5 RoI:k~.: 44 ~f TIIM RIR .trmlltn&: 44'. "". CI1:33 4S' .46': ot;3I 46' . 47: 00:40 41'-~ClO:I8 -l .0 J . I i 55 ~ ......."",-- 6:S '10 5 ~ .. 6 i 1$ ~ 5. Sl- il to 10 N A T U Jl A L . SOlS' 50/5. o Po 8 r N D S '" U It II A C ! ~ I P-501S' 5n'5" :e v A " T I o N N 47-.5012" SOi2" o T A .., A. I L ^ B 1- B A. T 'I' I M B 50 1lO 6! ~ 70 o F D ~ l L I h' G 75 I D'Rl1.I.U: P. PllI.a &QV'lPMEN'!: !)..So ME11{0I): s..n.w.5l'=w.nlilll1 Tm.UTM.l).1$84 HOU!DIA.: ) lr.dles RJl.\WU3; ROT A:RY DRn.l..INO: cm.Ot.'libW.o\'reIl1J!Ya; La feu TM1S UCOlD.IS A UASONASLE IN't'ER.PUTAnON OP SUBSWAC'B COND1T1ONS AT m.& BXPtOlA'tlON LOCAnoN. SUBSURPACK CQNDmCNSAT Om&R. X"OCAnoNS.AM) AT OTHER "TIMBS MAY DlJIlElt lh"'IBRFi\ces BElt'EEN STPATA ARB A>>!.OXIM.~Tll. TMNSmONS Blitw.8!N .sT.RATA MAYBE GP.A!X1AL. " ...\,:~ , ;ri', ., '."!\ . ,~: . I .. PROJECT NAME: WINCHESTER. PIT PROJECT LOC.; NAPLES) COLLIER. COUN'TY, FLOR.lDA PR.OJECT No.1 40320-0-1087.01-800 DR.ILUD: 10'1~OOO BORING No.: B.3 p fIib,..p Momber .i.. .--~- l ,- fT-~- S~ILCLASSIFICATlON P I AND REMARKS SEE KEY SYMBOL SHEaT FOR BlO'LAH.\ itON" OF ; ............ .IBB_nltIS llSLOW. spy nl N . o "It) SAMPIa T :-..cOUNT N.V'\u; 't p~:,,~ E!~~ ~ 6 5-6.1 13 ~~'~0::: ~tJ~O, 16A2 ... P'lNES (%)March 27, 2007 . SPT ~ Page 28 of 33 311 AO JO &l 70 10 90 100 ~ "'l I ~\-~,:",~;:~:i N A ':' " ,', ."':,'. . '.,' . 1-:1.1 18 , : VER .. 9.ICl.9 3.I-t :t I I \, 10 to \5 r.I-1 1 u 2() \.1-1 % ~ ts 4 %S ~ ~ '0 ~2,.1 .. ~ g ts: j 3S lS ! i 40 3' OR.U.LE1l: P. ft'D EQtlD'MENl': D-5O METHOD: SbMlr:lPm~r. Tsst^STMD-1S86 iiOl.% Df,\.; ~ iDdMI Re.'dAJU;S! RDTAAY o;uz.IJN(j; GROUND WATSIt LEVP.I.o 1.1 &zt PROJli:CT NAME: WINCHESTER. PIT PROJECT LOC.: NAPLES, COLLIER COUNTY, FLORlDA FROJECf No.~ 40320-0-10&7-01-800 DRlLLED; 10/13/2000 BOlUNGNo.: B-4 PAGE 1 OF Z Member ~ 'IHJS RECOltD M A llEASONABL! INTERPWATlON OPSUBStJRPAC! CONDMONS ATmE EXPLORATION LClCATION. &UB8Ulf'hCS comJmONS ATOnma LOCADONS AND A10'n1ER T1MBS MA 'Y DIPPEl. IN'mJUlACBS BBWBEN STRA T." ARE A1PROXIMATB, TRANSmoNS BIiTWSl!N STRATA MAY BE GRADUAL. ~ ""', . ~(' ~f, .-.s:J.' ~--_._-_.,-^"--". ,. O)v~ ~tS.LI:'l~-t".!ON ANt> .R.'EMAR.KS ~__,nnl nS , ,. , r '- If W .-.. .,- ClO 4$ 1 I 1 $0- I I" I ~ I j 5S ] 6S ~ 70 i ~~ OIl" ~ " ~ S ,.; ! i 80 :~~:m: ~:~RI =-l MnHOI>. SliIlcIud PCIUfUlOIl TtoflASTM t)..1 316 HOU D1A.1 ! IJldJIs RE.'fAW; ROTARV DIUL1.a4G: I GROUND WATl!R t.!V'EL: 1.1 fat THIS RBCOlD rs A IUlASONAaLE IN'IQ.PrGTA'nON OF St1BStJlUlACB CONDmoNS AT'lHI iXPLOit.\'nCN LOCAnO'f. St18St1.I:PACB CC'NClTlONS A.T OnmA LOCATIONS AND ATonIBlt l1MI!S MA. Y.DIPP.EL lNTElU'ACES BBWBI!N S'I'RATA AI.! AP1'R.OXIMATB. 1'1tr\NSmoNS BETNEEN S1'J.ATA MAY BE OP.AI>CAL. , .... ~.. ~~. 2F r.. .. g.-uvu......J::O) l''-~'' NMet%) tJ..SA) I e to i ~ ~.cot."NT N'.V.wJl . ~~a Item No. 16A a a i v .!In(\lpl) March 27, 200 Jot 11' ~ ~ ~ Page 29 of 3 D (It) II!!:! .0\0506010 Ice N I ^ T U R. A ,.3-f 7 L 45 0 a 0 u 1'4 D J 1.:0.11 11 S~ . t1 , A. 1 ! V-Il. t6 ~ L $I i v A. r t 0 N }ol lO.I1.I~ tt /) T A V l- I L ^ S 8 L ! ^ T 't' t 70 M S 0 P D R. 1 15 L L ~ 1 N a PROJtCT ~A..~~ WINCHBSTBR. PIT PROJECT LOC.: NAPLES, coweR. COUNTY, MRlDA PROmCfNo.: 40320.0.1 081..() 1.800 MULLEDI 10/1312000 BOlUNG No.: ,B-4 PA.GE 0 2 I ~r.., Mombor. 1 --- ~---- ~--- SAMPLES ,- 'P"F ' , 'NM~) ~") ., SOIL CLAS8lFICATION t a E E t p AND R.EMA.RKS 0 e ..cOUNT N-VALUli .. ~~a lIe NO.16A ,. March 27,2007 il B v SEE KE'Y SYMsoLSHES':' FOR ~^"""ION OF )0; .SP1'lbIdl Page 30 of 33 (~) SYMBOLSA.\'D AlJBUVIA'nONS BBLOW. i) (it) to ~40~60 10 80 9Oioo 10 , }<: 5-10.10 1~ . A ...i&h JII (SI'.SMj l' U 1..7.14 21 R A ~ L 1)-,.$ 11 ! G .. 0 '-6-7 ,3 11 ~ ::" '::'~: 0 r" 1.1.1 a 10 I ] .:.... ~ ' ".' .' ! ..- '" SOIlTID M Vol)'sllty CLAY WI t-1S J-I-2 3 1$ ~ 1 2,":-1 3 2U 25 1.3-3 6 2S 30 a 30 ! ~ ~ ~ i 3$ iL D1\1t.l.D.; P. PIlD EQ'UD'~; I).so MBniOD' SlI/llbrdPezr.nlillll rtfr ASTM 0..1$16 H018 DtA.: 3 I!IdIeI JU!M/IltX:s: ROT,UY::lIUlllNG I I PROJECT NAME: WlNCHESTC-R, Pit PR.OJECT LOC.~ NAPLES, COLLIER COUNn', FLOR.lDA I PROJECT No.: 40320-0-1087-01-800 DRILLED: 10/1212000 BORING No.1 B.S , $-S.7 12 3$ 10.11).11 21 i $0 60 111 10 flO 100 I GROliN!> w" m LEVELl J ~ nIlS ltiCOaI> IS A ltEASONAaL.! 1N1'.ERPMT'A noN OF SUBS'URFAC9 COl\'DrrtONS AT nm E.X:PL01t.Anm1 LOC.A.Tl0N. SUDSURPACSCONOmONS AT OrdER LOCA'ItONS AND ATO'DiEll nMBS MIoYDn:JlER. 1NTiRPACES B:Ii'WEBN S'11IATA AUAPP!OXIMATE, TRANsmONS BEnt'EEN STP.ATA MAY aa OMDUA!... Member J.. --"----1 SOlI. CLASSIFlCA'TION AND REMA1UC.S ,:, ~ !J SZ2JCEYSn.tBO!.SHBEt''FOR.SXPUJo,:.A.T10N OF SYMIJ(U AND AJeQVIATJONS .8J!J..OllI,'. to ~I \\;lb. Rk iSOJlT1.lM2STONB> t ~1 ~~~ ~ 55 j ,,,' ~. 60 8<<'iIlS -.NOli"" 6' j 70 ~ S j 1$ S Q : ~ PI 10 t>lUU!l: P. PiltI 1!Qt."lrM!!NT: D-SO METHOD: SlIII4ar4 PtMntloll1'cst ASTM o.t5111 HOs..!. DlA..: 3 iDoIles R!!MARK$: ROTAJtY D1UJ..tIN<i: GRowm WA'rEa LEVEL: 3 n:cc 11iJS RBC01.D IS A RBAStlNABlB INTBRPllETAno."f OF suesuJUtACZOOl\'MnCNS AT1HE EXPLOUnoN Loc.-.nON. SUBSUJUI4\CB CONDrnoNS AT 0"I'HSn LOCATIONS AND A.T011D!I. mas MAY DIPPSa. INTERPAC!S BawB!N S'TltATAAllB /J't.KOXIV.ATa. 1'RANsmONS BBTWEEN ftKAT.\ MIa Y DB ClRADl,;AL. r ... ~I&:""" . , " . ..... ~ 'I. I- e. l! t. (l . I! V N D (ft) l'oI .1\ T U It It. L 0 l. 0 t! N J) S U , A C ! B L I V ^ T 1 0 N N 0 T A V Ir. I L ^ B 1. ! ^ T T J M B 0 , U It I L I- e }I G ..-.---' .._~ NM('lIo) 1.L ~ A ..Ji~da Ite~ No. 16 March 27, 20 · Sl'T(bpt) Page 31 of so 40 so 60 '70 14 ~ 100 'L~ 1-140%0! J.4 <\S r9.14-10 %4 SD n.~.22 <4, $5 I, j I 20-11-24 4' 60 65 70 r PROJECT NAMJ:: W1NClmSIB1l ptt PROJEcr LOC.l NAPLES. COLLIER COUNTY. MRIDA PROJECT No.: 40320.o.1087.c1.800 I DRIIJ..ED: 10/1212000 BORING No.: 8.5 PAGE 2 OF 2 r ~ 'I i LAWGIIIB Grogl! M_r J. . S II T Ii (~ SOIL CLASSl".t"'1CA![ON A.'IIID .R.EMARX.S L ! (} I! N D : '.'::, j sa!:EY S~L S!iEET ros: !XPtANAn~W of SYM!lOL8 At'll) Al'8RE'\1hnoNS l2LOW. VERY :qSi? WI' ~r .,..'..::.:: ", ..... ...... .... '.:.' ~ ...', r'~ i- ! r ~ :0 IS R ~1'CM) taj [ j LOOSll.....,.....',......_< M I 2' ~~_..........,"(>5h 30 ~ - ~ lli 011I; ~ 3S liil ij i ~l40 DlUWUl.: 1'. Jlitll EQUlPJo.l!:NT: cl-SO MEtRo!): s~ ~on TC$1 AS!M o..:S!1! HotB DV,.: 3 incla UM.W:S; ROTA.RY ORlU.[IIIO: aROiJh'D WArER, Lava: l.4 r. nns lECOltD IS A It!ASON.A.BU lNl'lUlPRnAT10N Or SUBSURFACB COND1T1ONS AT'tHB EXPJ..Oll~noN LOCAnos. SUBSUltFACS COND1T1ONS AT Onml\ LOCA-nONS AND ATOTHn nMES MAY Om:n. lh "TElU'AC'eS lmW!BN S1'ltA T A AlUi APPl\OXIMo\ iE. '1'RANSmONS BE1"WBI!N STRATA MAY Be: GRADUAL. Ii ... ! V n.g.) NM(Yt) u..~%) .. ~saa Ite No. 16A March 27, 200 . Sf7 (b;il) Page 32 of 3 10 7.<: 30 40 '0 dO 11) &ll 9CI It'll Ii ~a 14 ,,~ 14 S 9-14 16 ~. . I; \0 (It} ~ A T U R. ^ L (] It o tJ N D S t! R F A C I! E L ); V A r t o N 2 1$ ~ o T 24 ^ V A 1 L A B L E !l 1$ a JO JS ~1tO,fECT NAME~ WlNCImSTER PIT PROJECT LOC.: NAP~S, call.taR. COUNTY, FLORIDA PROJEq ~C),l 4032o-0.1087~1-~O DRILLED~ 10/1812000 BORlNGND.~ B.o PAGE 1 Member Ia. __~-c-",,,,,'.C~-'- ' 'SOIL CLASSlFICAl'ION ,,; AND R.EMARK.S . ' r H S!E IEYSY\GOt.SHBEtFOR lXPUlNA.nON OF c:i .!YM.DOU AND AD1tt'VJ,I.TDfS moW. l~ - l"1 t j r SO 55 60 1 6$ ~ '70 ~ - m iIi iliS I i a~ I DlULUR: p, Pi'" i l!QtlJP~: d.-SO ,ldETHOD: S:IlIId:Ircl PfIlr.mlo...Tcs: ASfM o.m6 HOUl !)IA.; ) fNllet 1Wf.A.lOOk iOTAllY Dl.IE..LtN'O: cnr.ot.'NtI WA1!B. tEVEL; J.6lttt TBJS UCORD IS A 1lBASONA8L! J!'tc'1'nlu.rAI10N OP SV1l$URPACB co.'lDmDNS AT nu:: IXPlOItA':":ON LOCATION. SUBSURPACB CONOI1'1t)tli"S ,\1 0'rHSl\ LOG\.nONS AND AT OtHEr. TD.G:S MAY DtEFU. IN't'!UACES B!WB!l'l S'l'l.\T.AARE APPI.OXIW.tB, TRANBmONS BBTWEIN S'mATA ~ Y IS CiRACtJ"t.. ;<' '.. .. l.a~}' ..':'~ ~""'"A-_ SAMPLES .. I. li PL e l- I T '.cot.'Nf )I.VALUE a Item No. 16 0 s .. March 27, 200 l! v , 'Y . )i Jt~.." . sn (bgl) Page 33 of 3 0 (4) !!]J 30 40 :so eo '10 10 90 lCO >l , A I T I f u 'l I~~la I A l' l. ~. 45 Q .. 0 U N D S 37>12019 51 50 U II 1 A C E E -+7-35-A.5 80 L 55 Ii V A, T I 0 N N 3'~2..c4 16 0 T : A to V ~ A- I I. ^ IS 1l L E A '1' T I 10 M B 0 P D It I 1S r.. L 1 N a fRomer NAMEt WINCHESTER prr I PROJECT LOC.: NAPLES, COWER COUNTY. FLORIDA I PROJEct No.: 40320.0-10&7-01-800 D.RJLLEDz lO/lWOO BOlUNC No.: B-6 iT 2 Member J.. - - - Agenda Item No. 16A3 March 27, 2007 Page 1 of 13 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 CONSIDERA TIONS: Reference Owner of Record Property Address Lien Amount OSM 2006050151 Corinna & Dionicio Martinez 810 Jackson Street, Immokalee $113.46 OSM 2006080625 lrineo & Alma Castillo 5350 Martin St, Naples Area North $125.10 OSM 2006081090 Corinna & Dionicio Martinez 810 Jackson Street, Immokalee $1,113.46 OSM 2005120265 Ernest N, Freeman Jr. 101 Eustis Ave., Immokalee Cost waived OSM 2006030f78 Francisco Rios 308 Tamiami LN, Naples Area North $159.94 OSM 2005120339 Ernest N. Freeman, Jr, 101 Eustis Ave., Immokalee $172.62 OSM 2005120264 Ernest N. Freeman, Jr. 101 Eustis Ave" Immokalee $184.10 OSM 2005080568 Maria Trupiano 695 Pine Crest LN, Naples Area North $255.00 OSM 2006040628 Rony & Jean Sagesse 5322 Coronado Pkwy, Golden Gate City $255.00 Resolution Nos. 2002-169 & 2002- 170 H. Javier & Sherry 1. Castano 646 111 tb Ave. N, Naples Area $703.34 TOTAL $3,082,02 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 $100.00, 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 considerations. Rev 12/06 Agenda Item No. 16A3 March 27, 2007 Page 2 of 13 RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Nichole Jennings, Administrative Secretary, Code Enforcement Rev 12/06 Item Number: Ilem Summary: Meellng Dale: Agenda Item No, 16A3 March 27, 2007 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M3 Recommendation to approve the Release and Satisfaction of Lien for payments received for the following Code Enforcement actions 3/27/20079,00,00 AM Code Enforcement Director Date Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement 3/13120072:03 PM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secreta ry Community Development & Environmental Services Admin. 3113/2007 3:12 PM Approved By Judy Puig Community Development & Environmental Services Date Operations Analyst Community Development & Environmental Services Admin. 3113120073:14 PM App roved By Date Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/13/20073:43 PM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 3114/2007 8:40 AM Management & Budget Director Date Approved By , Michael Smykowski County Manager's Office Office of Management & Budget 3115/20075:13 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/15120079,27 PM Agenda Item No. 16A3 March 27,2007 Page 4 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated July 7, 2006, a certified copy of which was recorded on July 21, 2006 in O.R. Book 4076, Page 0676 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 Dionicio and Corinna Martinez, has been discharged in full. Dionicio and Corinna Martinez 810 Jackson Street Immokalee, FL Folio No. Cost: Reference: 63854880002 $113.46 OSM #2006050151 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 Dionicio and Corinna Martinez, and consents to this lien being discharged of record. day of ,2007. Dated this A ITEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETI A, CHAlRMAN Approved as to form and legal sufficien~: Jef~ Assis t County Attorney Agenda Item No. 16A3 March 27,2007 Page 5 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SA TISF ACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated November 17, 2006, a certified copy of which was recorded on December 11, 2006, in O.R. Book 4151, Pages 1308-09 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 Irineo and Alma Castillo, has been discharged in full. Irineo and Alma Castillo 5350 Martin St. Naples, FL Folio No. Cost: Reference: 62096160002 $125.10 OSM #2006080625 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 Irineo and Alma Castillo, and consents to this lien being discharged of record. Dated this day of , 2007. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLEIT A, CHAIRMAN Approved as to form and legal sufficiency: Jef ri t Assis nt County Attorney Agenda Item No. 16A3 March 27, 2007 Page 6 of 13 This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 6, 2006, a certified copy of which was recorded on November 3, 2006, in O.R. Book 4132, Page 1717 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 Corinna and Dionicio Martinez, has been discharged in full. Corinna and Dionicio Martinez 810 Jackson Street Immokalee, FL Folio No. Cost: Reference: 63854880002 $1,113.46 OSM #2006081090 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 Corinna and Dionicio Martinez, 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 By: By: , Deputy Clerk JAMES COLETfA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27,2007 Page 7 of 13 This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0306 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 Ernest N. Freeman, Jr., has been discharged in full: ErnestN.Freernan,Jr 101 Eustis Avenue Immokalee, FI Folio No. Cost: Reference: 00132800000 Cost waived OSM #200512065 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 Ernest N. Freeman, Jr" and consents to this lien being discharged of record. Dated this day of , 2007. A TIEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETIA, CHAlRMAN By: Approved as to form and legal sufficiency: ~ Agenda Item No. 16A3 March 27, 2007 Page 8 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated July 7, 2006, a certified copy of which was recorded on July 21, 2006, in O.R. Book 4076, Page 0660 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 Francisco Rios, has been discharged in full. Francisco Rios 308 Tamiami Lane Naples, Fl Folio No. Cost: Reference: 74412000006 $159,94 OSM #2006030178 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 Francisco Rios, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: J AMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27,2007 Page 9 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0304 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 Ernest N. Freeman, Jr., has been discharged in full: Ernest N. Freeman, Jr 10 1 Eustis Avenue Immokalee, FI Folio No. Cost: Reference: 00132800000 $172.62 OSM #2005120339 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 Ernest N, Freeman, Jr., and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: .. Agenda Item No. 16A3 March 27, 2007 Page 10 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0304 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 Ernest N. Freeman, Jr., has been discharged in full: ErnestN. Freeman,Jr 10 1 Eustis Avenue Immokalee, Fl Folio No. Cost: Reference: 00132800000 $184.10 OSM #2005120264 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 Ernest N. Freeman, Jr., and consents to this lien being discharged of record. Dated this day of ,2007. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLEIT A, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27, 2007 Page 11 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Pages 0007-0008 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 Vito and Maria Trupiano, has been discharged in full. Vito and Maria Trupiano 695 Pine Crest Lane Naples, Fl Folio No. Cost: Reference: 65770760000 $255.00 OSM #2005080568 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 Vito and Maria Trupiano, and consents to this lien being discharged of record. Dated 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. 16A3 March 27, 2007 Page 12 of 13 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007 in O.R. Book 4174, Pages 0001-0002, 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 Rony and Jean Sagesse, has been discharged in full. Rony and Jean Sagesse 5322 Coronado Parkway Golden Gate Naples, PI Folio No. Cost: Reference: 36317120003 $255.00 OSM #2006040628 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 Rony and Jean Sagesse and consents to this lien being discharged of record. Dated 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. 16A3 March 27,2007 Page 13of13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIENS This is to certify that the claims of lien arising out of Board of County Commissioners Resolution Nos. 2002-169 and 2002-170, both of which were passed and adopted on April 9, 2002, and recorded in O,R. Book 3027, at Pages 2697 and 2699, respectively, on April 30, 2002 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 H. Javier and Sherry L. Castano, has been discharged in full. H. Javier and Sherry L. Castano 646 1Ilth Avenue N. Naples, PI Folio Nos, Cost total: Reference: 62570970006 and 62570980009 $703.34 Resolution Nos. 2002-169 and 2002-170 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 by H. Javier and Sherry L. Castano, and consents to this lien being discharged of record. Dated this day of ,2007. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN By: Approved as to form and legal sufficiency: Agenda Item No, 16A4 March 27,2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Victor George 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 CONSIDERA TIONS: Reference Owner of Record Property Address Lien Amount CEB 2006-06 Robert Chipman 39 Clary Ct., Naples FL 34139 $671.31 CEB 2006-21 Victor George 6134 Everett Street, Naples FL 34112 $300.02 TOTAL $971.33 ,- 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 $20.00, 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 considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien, PREPARED BY: Bendisa Marku, Operations Coordinator, Code Enforcement _. Rev 12/06 Item Number: Item Summary: Meeting Date: Agenda Item No, 16A4 March 27,2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Viclor George 3/27/20079:00,00 AM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 3/12/20075,50 PM Approved By Date Judy Puig Community Development & Environmental SeNices Operations Analyst Community Development & Environmental Services Admin. 3/12/20075:54 PM Approved By Code Enforcement Director Date Michelle Edwards Arnold Community Development & Environmental Services Approved By Code Enforcement 3/13/20072:03 PM Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Servicos Admin. 3/13/20073,44 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/14/20078:42 AM Management & Budget' Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 3/1512007 5:17 PM County Manager Date Approved By James V, Mudd Board of County Commissioners County Manager's Office 3/15/20079,31 PM Agenda Item No. 16A4 March 27, 2007 Page 3 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30l Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Collier County Code Enforcement Board Order dated January 31, 2007, a certified copy of which was recorded on February 5, 2007, in O.R. Book 4178, Pages 1523-24 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 Robert Chipman, has been discharged in full: Folio No. Cost: Reference: 01211720000 $671.31 CEB No. 2006-06 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 Robert Chipman, and consents to this lien being discharged of record. Dated 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, 16A4 March 27, 2007 Page 4 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30] Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Collier County Code Enforcement Board dated January 31, 2007, a certified copy of which was recorded on February 5,2007 in O.R. Book 4178, Pages 1515-16 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 Victor George, has been discharged in full. Folio No. Cost: Reference: 00421560006 $300.02 CEB No. 2006-21 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 Victor George, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMESCOLETTA,CHA~AN , Deputy Clerk Approved as to form and legal sufficiency: Agenda Item No. 16A5 March 27, 2007 Page 1 of 88 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. OBJECTIVE: That the Board of County Commissioners (Board) adopt a Resolution opposing enactment into law proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to cable television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has three (3) active, mutually binding cable franchises. .-- Current Florida law requires cable television operators to acquire a local cable franchise agreement from the applicable local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way, The current existing obligation to apply for and acquire a local cable franchise to provide the services exists in Florida Statutes (that are to be repealed by this proposed Bill), and from Federal laws or Federal Communications Commission rules. Collier County has negotiated and obtained benefits that satisfy the cable television related needs of our community, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests. Proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855) authorizes cable franchisees to unilaterally terminate existing cable franchises throughout Florida and does not adequately prevent operators from "cherry picking" its customers, The requirement to acquire a local cable TV franchise is not an unreasonable burden to entities that propose to provide these cable television and video services. Pursuant to this proposed Bill, future cable franchising will be accomplished only by the State of Florida, and will eliminate consideration of the needs of local governments, ,-~ It is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require, enforce, and grant term extensions to local cable television franchise agreements. Agenda Item No, 16A5 March 27, 2007 Page 2 of 88 FISCAL IMPACT: This proposed Bill will eliminate Florida municipalities and Florida counties to receive in-kind contributions and monetary payments agreed to in existing franchise agreements and/or as required by local ordinances, to the extent such agreements or ordinances exceed the "one size fits all" in-kind provisions in this proposed Bill. It has been estimated that, collectively, municipalities and counties will lose at least $20 million annually if this Bill becomes law, Currently, cable television franchise fees represent the largest non-property tax revenue source in the MSTD General Fund (111). Collier County received $4,584,900 in cable television franchise fees in budget year FY06. GROWTH MANAGEMENT IMPACT: No impact on Growth Management IS anticipated. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express its opposition to enactment of proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855), and to direct the County Manager or his designee to deliver a copy of this Resolution to each member of Collier County's Local Legislative Delegation, to Governor Charlie Crist, to the Florida Association of Counties, and to the Florida League of Cities. PREPARED BY: James C. French, Operations Manager, CDES "......... Ilem Number: Ilem Summary: Meeting Date: Agenda Item No, 16A5 March 27, 2007 Page 3 of 88 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation to adopt a Resolution opposing enactmenllnto law proposed Flonda Senate Bill 1772 (Companion to proposed Flonda House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates, 3/27/20079.00:00 AM Operations Supervisor Date Prepared By James French Community Development & Environmental Services CDes Operations 3/14/2007 4,49:58 PM Thomas Palmer Assistant County Attorney Dale Approved By County Attorney County Attorney Office 3/15/20079:46 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3115/200711:15 AM Operations Analyst Date Approved By Judy Puig Community Development & Environmental Services Community Development & Environmental Services Admin. 3/15/20074,31 PM Martene Stewart Executive Secretary Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 311512007 4:3t PM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/15/20077:53 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office- Office of Management & Budget 3/16/20071:45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3117120079:57 AM Agenda Item No. 16A5 March 27,2007 Page 4 of 88 RESOLUTION NO, 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA SENATE BILL 1772 (COMPANION TO PROPOSED FLORIDA HOUSE BILL 855) RELATED TO CABLE TELEVISION AND COMPETITIVE VIDEO PROGRAMMING SERVICES, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, TO THE FLORIDA ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CITIES WHEREAS, although this proposed 42-page Florida Senate Bill 1772, companion to proposed Florida House Bill 855, is titled the "Consumer Broadband Choice Act of 2007 (herein collectively the "act"), it does not facilitate choices by consumers of cable service or competitive video programming services; and WHEREAS, the stated purposes for this act, alone or collectively, do not necessitate termination of any existing local cable franchise, or effectively amend any municipal or county cable franchise ordinance, or necessitate prohibiting municipalities or counties from continuing to issue cable franchises, or necessitate prohibiting municipalities or counties from locally enforcing the customer service obligations listed in 47 Code of Federal Regulations, Section 76.309 (c), or necessitate prohibiting municipalities or counties from considering economic impacts of applied-for franchises upon private property in the applied-for franchise area, or necessitate preventing municipalities or counties from considering public need for the requested franchise, or from considering the financial ability of the applicant to perform the applied-for local franchise, from considering other societal interests generally considered in cable television franchising, or from considering other matters that may be deemed to be relevant by the respective municipality and by the respective county; and WHEREAS, this proposed Bill will cause municipalities and counties to lose at least $20 million annually of in-kind contributions from now existing providers; and WHEREAS, notwithstanding the 47 Code of Federal Regulations, Section 76.309 (c), states that cable operators "shall be subject to those customer service standards" without any exception, this act mandates a state-wide exception to those federal standards, which exemption reads "Each cable service provider shall comply with the customer service standards in 47 C.F.R. Section 76.309 (c) until there are two or more providers offering cable service or competitive video programming in the relevant service area"; and WHEREAS, although clarity of the act's phrase "relevant service area" is extremely important, that phrase is not defined in the act, whereby that phrase's ambiguity will probably afford very meager service standards protection to customers and prospective customers; and WHEREAS, on or before January 1, 2009, this act automatically terminates all local cable franchises throughout Florida, which apparently constitutes unconstitutional impairment of contracts in violation of Florida's Constitution and the Constitution of the United States because this act unreasonably intrudes into these franchise agreements to a degree greater than is necessary to achieve the act's stated purposes; and WHEREAS, although one stated purpose in this act is to "continue access to and maintenance of public, education, and government (PEG) channels" this act provides that in each instance where a local cable franchise or ordinance requires PEG obligations that are greater than the act's assumption that 2 or 3 PEG channels are always adequate - such locally agreed-upon greater PEG access is reduced; and WHEREAS, this act prohibits local governments from requiring adequate assurance that the cable operator will provide adequate public, educational, and governmental ("PEG") access channel capacity, facilities, or financial support (that often directly benefit School Boards), except by enacting an optional "standard cable ordinance" that, if enacted, authorizes every such municipality's and every such Page 1 of 3 Agenda Item No. 16A5 March 27,2007 Page 5 of 88 county's "incumbent cable service providers" to thereby unilaterally terminate every existing cable franchise issued by such municipality or by such county; and WHEREAS, this act provides that cable service providers can locate any PEG channel on any offered tier of service that is viewed by at least 40 percent of the provider's subscribers, which in those instances authorizes the provider to remove its PEG channels from its least expensive tiers; and WHEREAS, as of July 1, 2007, this act effectively amends now existing municipal and county cable franchises, and many now existing cable ordinances, because as of July 1, 2007, no municipality or county shall enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements imposed on any other certificate holder whether by franchise agreement or ordinance; and WHEREAS, this act authorizes Florida's Department of State to issue its certificates of franchise service without any hearing, without input from individuals or any affected entity other than the applicant, and if the Department of State fails to act on the application within 30 business days after receiving the application, the application is deemed to be granted; and WHEREAS, every Department of State certificate of franchise is fully transferable to any successor in interest of the applicant to which the certificate is initially granted, without any hearing and without input from any individual or any entity other than the applicant, and without analysis or proof regarding the transferee's ability to properly operate the system being transferred; and WHEREAS, the act provides that every certificate offranchise issued by Florida's Department of State can be automatically and summarily terminated simply by the certificate holder submitting notice of the termination to Florida's Department of State; and WHEREAS, this act provides that "The Department of Agriculture and Consumer services shall address customer service complaints expeditiously by assisting with the resolution of such complaints ....", which, delegating only authority to "assisting," may exclude mandating compliance or imposing penalties; and WHEREAS, this act may require Florida's Department of State and Florida's Department of Agriculture and Consumer Services to file cases in courts of law to mandate any compliance or impose any penalties, because this act is silent regarding either Department's authority to penalize or mandate compliance with the act's provisions, or with either Department's rules, or with regard to rules incorporated by reference into this act, because subsection 120.54(1)(e), Florida Statutes, provides that no Florida agency has any authority to establish penalties unless the Legislature, when establishing a penalty, provides that the penalty applies to the agency's rules, but this act is silent regarding such penalties; and WHEREAS, this act is silent regarding "standing" of individuals, or any entity other than the applicant (which delegates no standing to municipalities and counties) to participate regarding matters under the jurisdiction of Florida's Department of State or under the jurisdiction of the Department of Agriculture and Consumer Services, including enforcement actions; and WHEREAS, this act contains many other problematic ambiguities and omissions that can result in unnecessary disagreements and unnecessary litigation, including, for example, the following confusing text in the act's subsection 610.115(5): "...in an area with a density of less than 20 homes per mile from the provider's nearest distribution facility" - because "per mile" is a linear measure of distance, not area; and WHEREAS, In 1988, Collier County enacted its Cable Ordinance (No. 88-90) to require Collier County issued cable television franchise prerequisites for installation, construction and operation of cable television systems in unincorporated Collier County that use public rights of way; and Page 2 of 3 Agenda Item No. 16A5 March 27, 2007 Page 6 of 88 WHEREAS, pursuant to its Cable Ordinance, as amended, Collier County has issued three (3) cable television franchises, all of which were freely and voluntary entered into, and all of which remain mutually binding on Collier County and on each respective franchisee; and WHEREAS, Collier County, through its Cable Ordinance, has negotiated and obtained benefits that satisfy the cable service related needs of our community, including broadcasts of the County Commission's meetings, services to Collier County public schools and other governmental facilities, and other services that support important educational and public interests; and WHEREAS, it is in the best interests of customers of cable service providers and providers of competitive video programming in unincorporated Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require these subject local franchises, and to continue to be able to grant franchise agreement term extensions to the existing franchises that include a term extension provision; and WHEREAS, existing Florida general laws that require prospective cable TV providers to acquire a local cable franchise is not an unreasonable burden upon any such applicant, and continuing to issue the subject local franchises is in the best interests of the municipalities, the counties, School Boards, the franchisees and the franchisee's customers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. 2, For each of the above reasons, and many others too numerous to include in this Resolution, the Board of County Commissioners of Collier County, Florida, hereby expresses its strong opposition to proposed Florida House Bill 1772 (companion to proposed House Bill 855). 3. Collier County's Board of County Commissioners urges members of the Florida legislature to oppose and defeat proposed Florida Senate Bill 1772 (companion to House Bill 855), and if Florida's Legislature forwards this act to Governor Crist, Collier County's Board of County Commissioners urges that he veto the act; and 4. County Manager, Jim Mudd, is hereby directed to immediately distribute a copy of this Resolution to Governor Crist, to all members of Collier County's local Legislative Delegation, to the Florida Association of Counties, and to the Florida League of Cities. 5. This Resolution shall be effective upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida, this_ day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney Page 3 of 3 Florida Senate - 2007 By Senator Fasano 11-1416A-07 1 A bill to be entitled Agenda Item No, 16A5 March 27,2007 Page 7 of 88 BB 1772 See HB 855 CODING: Words strieltea are deletions; words underlined are additions. 2 3 An act relating to statewide cable television franchises; providing a short title; providing legislative findings; amending s. 202.24, F.S.; prohibiting counties and municipalities from negotiating terms and conditions relating to cable services; deleting authorization to negotiate; revising application to existing ordinances or franchise agreements; amending s. 337.401, F.S.; deleting authorization for counties and municipalities to award cable service franchises and a restriction that cable 4 5 6 7 8 9 10 11 12 13 14 service companies not operate without such a franchise; amending s. 337.4061, F.S.; revising definitions; creating ss. 610.102, 610.103, 15 16 610.104, 610.105, 610.107, 610.1075, 610.108, 17 610.109, 610.1105, 610.1115, 610.112, 610.113, 610,114, 610.115, 610.116, 610.117, 610.118, and 610.119, F.S.; designating the Department of State as the franchising authority; prohibiting counties and municipalities from granting new franchises for cable services after a certain date; providing definitions; authorizing counties and municipalities to enact a standard cable ordinance for providing cable service; providing notice requirements; providing ordinance requirements; providing construction relating to authority over communications services other than cable 18 19 20 21 22 23 24 25 26 27 28 29 30 31 service or competitive video programming servicesj providing for a statutory certificate 1 Florida Senate - 2007 11-1416A- 07 1 of franchise authority from the state in absence of a standard cable ordinance Agenda Item No. 16A5 March 27,2007 Page 8 of 88 SB 1772 See HB 855 CODING: Words stricken are deletions; words underlined are additions. 2 3 enactment; providing eligibility requirements; specifying required provisions of a standard cable ordinance; providing for optional 4 5 6 provisions of a standard cable ordinance; 7 providing application procedures and requirements for a statutory certificate of franchise authority; providing for issuing certificates of franchise authority; providing eligibility requirements and criteria for a certificate; authorizing the department to adopt rules; authorizing the department to 8 9 10 11 12 13 14 revoke certificates under certain 15 circumstances; providing for an application 16 form; providing for fees; specifying authority contained in a certificate of authority; providing conditions of eligibility of 17 18 19 incumbent cable service providers to seek an ordinance or statutory certificate of 20 21 authority; prohibiting the department from 22 imposing taxes, fees, or charges on a cable service provider to issue a certificate; 23 24 requiring certificateholders to make cable service available at certain public buildings 25 26 under certain circumstances; imposing certain 27 customer service requirements on cable service 28 providers; requiring the Department of 29 Agriculture and Consumer Services to receive 30 customer service complaints; requiring provision of public, educational, and 31 2 Agenda Item No. 16A5 March 27, 2007 Page 9 of 88 Florida Senate - 2007 11-1416A-07 SB 177 2 See HB 855 1 governmental access channels or capacity CODING: Words etric]tcR are deletions; words underlined are additions. 2 equivalent; providing criteria, requirements, 3 and procedures; providing exceptions; providing responsibilities of municipalities and counties relating to such channels; providing for enforcement; providing requirements for and 4 5 6 7 limitations on counties and municipalities 8 relating to access to public right-of-way; prohibiting counties and municipalities from imposing additional requirements on certificateholders; authorizing counties and municipalities to require permits of certificateholders relating to public right-of-way; providing permit criteria and requirements; prohibiting discrimination between cable service subscribers; providing 9 10 11 12 13 14 15 16 17 for enforcement; providing for determinations 18 of violations; providing for enforcement of compliance by certificateholders; providing 19 20 applicability to competitive video programming 21 services; providing report requirements; 22 providing enforcement limitations; providing severability; creating s. 364.1605, F.S.; specifying duties for certain incumbent local exchange carriers relating to voice-over-Internet protocols; specifying application of certain federal standards for 23 24 25 26 27 28 29 certain requests of incumbent local exchange carriers; providing definitions; repealing s. 166.046, F.S" relating to definitions and minimum standards for cable television 30 31 3 Agenda Item No. 16A5 March 27,2007 Page 10 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 franchises imposed upon counties and municipalities; amending ss. 350.81 and 2 3 364.0361, F,S.; conforming cross-references; 4 providing an effective date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. This act may be cited as the "Consumer 9 Broadband Choice Act of 2007." 10 Section 2. Leqislative findinqs.-- 11 {ll The Leqislature finds that: 12 {al Cable proqramminq services provide numerous 13 benefits to the health, safety, and welfare of the residents 14 of this state, includinq access to a variety of news. public 15 information. education. and entertainment proqramminq. 16 {bl The state should brinq uniformity and efficiency 17 to the cable service franchisinq authorization process that 18 allows market participants to use their networks and systems 19 to provide video, voice. and broadband services to the 20 residents of this state. 21 {2l The Leqislature finds as a matter of important 22 statewide concern that reformation of the franchisinq process 23 is necessary to: 24 (al Create a fair and level playinq field for all 25 market competitors that does not disadvantaqe or advantaqe one 26 service provider or technoloqy over another. 27 {bl Promote the widespread access to advanced cable 28 services to all communities in this state in a 29 nondiscriminatory manner reqardless of socioeconomic status. 30 (cl Maintain local qovernment communications services 31 tax revenues and control of public riqhts-of-way. 4 CODING: Words st.ric](cfi are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 11 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (d) Complement efforts to increase investment in 2 broadband infrastructure and close the diqital divide. 3 (e) Continue access to and maintenance of public. 4 education. and qovernment (PEG) channels. 5 (3) The Leqislature finds that providinq an incumbent 6 cable operator with the option to secure a standard ordinance 7 or statutorY certificate franchise throuqh the preemption of 8 an existinq cable franchise between a cable operator and any 9 political subdivision of the state. includinq. but not limited 10 to. any municipality or county. is an essential element of the 11 new requlatory framework established by this act as a matter 12 of statewide concern to best ensure eaual protection and 13 parity amonq providers and technoloqies. as well as to achieve 14 the qoals stated by the Leqislature in enactinq this act. 15 Section 3. Paragraphs (a) and (c) of subsection (2) of 16 section 202.24, Florida Statutes, are amended to read: 17 202.24 Limitations on local taxes and fees imposed on 18 dealers of communications services.-- 19 (2) (a) Except as provided in paragraph (c), each 20 public body is prohibited from: 21 1. Levying on or collecting from dealers or purchasers 22 of communications services any tax, charge, fee, or other 23 imposition on or with respect to the provision or purchase of 24 communications services. 25 2. Requiring any dealer of communications services to 26 enter into or extend the term of a franchise or other 27 agreement that requires the payment of a tax, charge, fee, or 28 other imposition. 29 3. Adopting or enforcing any provision of any 30 ordinance or agreement to the extent that such provision 31 obligates a dealer of communications services to charge, 5 CODING: Words atric](cH are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 12 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 collect, or pay to the public body a tax, charge, fee, or 2 other imposition, 3 4 Municipalities and counties may not neqotiate the Baeft 5 ffiuRicipality aRa COURt)' rctaiRs authority to Rc~otiatc all 6 tcrlfls aRa cORaitielRO of a caalc scrvicc fraRChi13c allO\;ca by 7 fcacral aRa statc la" CJ(ccpt thOClC terms and conditions 8 related to franchise fees ~ ~ the definition of gross 9 revenues or other definitions or methodologies related to the 10 payment or assessment of franchise fees on providers of cable 11 services. 12 (c) This subsection does not apply to: 13 1. Local communications services taxes levied under 14 this chapter. 15 2. Ad valorem taxes levied pursuant to chapter 200, 3. Occupational license taxes levied under chapter 16 17 205. 18 4. "911" service charges levied under chapter 365. 19 5. Amounts charged for the rental or other use of 20 property owned by a public body which is not in the public 21 rights-of-way to a dealer of communications services for any 22 purpose, including, but not limited to, the placement or 23 attachment of equipment used in the provision of 24 communications services. 25 6, Permit fees of general applicability which are not 26 related to placing or maintaining facilities in or on public 27 roads or rights-of-way. 28 7. Permit fees related to placing or maintaining 29 facilities in or on public roads or rights-of-way pursuant to 30 s. 337.401. 31 6 CODING: Words strickcR are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 13 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 8. Any in-kind requirements, institutional networks, 2 or contributions for, or in support of, the use or 3 construction of public, educational, or governmental access 4 facilities allowed under federal law and imposed on providers 5 of cable service pursuant to any existinq ordinance or sn 6 existinq franchise agreement qranted bv each municipality or 7 county, under which ordinance or franchise aqreement service 8 is provided prior to July 1, 2007. Nothing in this 9 subparagraph shall prohibit the ability of providers of cable 10 service to recover such expenses as allowed under federal law. 11 9. Special assessments and impact fees, 12 10. Pole attachment fees that are charged by a local 13 government for attachments to utility poles owned by the local 14 government. 15 11. Utility service fees or other similar user fees 16 for utility services. 17 12. Any other generally applicable tax, fee, charge, 18 or imposition authorized by general law on July 1, 2000, which 19 is not specifically prohibited by this subsection or included 20 as a replaced revenue source in s. 202.20. 21 Section 4, Paragraphs (a), (e), and (f) of subsection 22 (3) of section 337.401, Florida Statutes, are amended to read: 23 337.401 Use of right-of-way for utilities subject to 24 regulation; permit; fees.-- 25 (3) (a)~ Because of the unique circumstances 26 applicable to providers of communications services, including, 27 but not limited to, the circumstances described in paragraph 28 (e) and the fact that federal and state law require the 29 nondiscriminatory treatment of providers of telecommunications 30 services, and because of the desire to promote competition 31 among providers of communications services, it is the intent 7 CODING: Words atriolten are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 14 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 of the Legislature that municipalities and counties treat 2 providers of communications services in a nondiscriminatory 3 and competitively neutral manner when imposing rules or 4 regulations governing the placement or maintenance of 5 communications facilities in the public roads or 6 rights-of-way. Rules or regulations imposed by a municipality 7 or county relating to providers of communications services 8 placing or maintaining communications facilities in its roads 9 or rights-of-way must be generally applicable to all providers 10 of communications services and, notwithstanding any other law, 11 may not require a provider of conununications services, cxccpt 12 ao etacn.iBc providcd in BUBpara~rapa 2. , to apply for or 13 enter into an individual license, franchise, or other 14 agreement with the municipality or county as a condition of 15 placing or maintaining communications facilities in its roads 16 or rights-of-way, In addition to other reasonable rules or 17 regulations that a municipality or county may adopt relating 18 to the placement or maintenance of conununications facilities 19 in its roads or rights-of-way under this subsection, a 20 municipality or county may require a provider of 21 communications services that places or seeks to place 22 facilities in its roads or rights-of-way to register with the 23 municipality or county and to provide the name of the 24 registrant; the name, address, and telephone number of a 25 contact person for the registrant; the number of the 26 registrant's current certificate of authorization issued by 27 the Florida Public Service Commission~ ef the Federal 28 Communications Commission, or the Department of State; and 29 proof of insurance or self-insuring status adequate to defend 30 and cover claims. For the purposes of this section, the term 31 "communications service" includes "cable service" as defined 8 CODING: Words atric][cn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 15 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 in s. 610.103 and "comoetitive video oroqramminq services" as 2 defined in s. 610.117. 3 2. H6tnitfistaRaiR~ the llre."isieRs of Bubllaragra'(;lfi 1., 4 a ffiuRicillalit) or ce~Rt) may, as llreviaca by 17 D.G.C. 8. S11, 5 a'\Jara eRc or morc fraacfiiBeB \dtfiiR itB j~risaictioR fer tfie 6 llreviBieR of cablc scr.ice, aRa a llro.ider of cablc Ber.icc 7 Bflall Rot llro.idc cable scrvice ~itflout s~ch fraRcfiisc. Bacfi 8 mURicillality aRa COURt) retaiRB aatfiority to Rc~etiate all 9 termB aRa cORaitisRB of a Elablc scr.icc fraRElfiise allonea b) 10 feaeral Ian aRa B. lCLCHb, mwellt those termB ana conditiono 11 relatca to fraRcfiisc fccs ana tfic aefinitisR of groBs ICJCR~CS 12 or otfier dcfinitions or metfioaolo~ies relatea to tfie llaYfficRt 13 or assessmcRt of fraRcfiise fees aRa llCIffiit feeB as llro.iaea iR 14 paragrapfi (c) OR llrovidcrs of cable Bervices. A municipality 15 or COURt) ma) eJterCiBe its right to reeftlirc from pro"" iaers of 16 cable scr.riec iR ldna reeruireHlcnt6, incltiding, but Rot limi tea 17 to, iRstitutional nct~orltS, aRa cORtributioRS for, or in 18 BUllllort of, tfie tiSO or c6nstructioR of lltiblic, cfrucational, or 19 go"" ernHIcntal access facilities to tho C]ttent pcrmittea by 20 fcaeral la'\J. A ]?roviaer of cable sE)r"vice may cncn:ise ita 21 right to reco."er a'll) SUElfi C]tpCnseB associatca ".Jitfi suefi 22 iR kiRa rceruircmcnts, to tfic enteRt llermittca by fcaeral la'\:. 23 (e) The authority of municipalities and counties to 24 require franchise fees from providers of communications 25 services, with respect to the provision of communications 26 services, is specifically preempted by the state, eJtcellt aC3 27 othen.-isc proviaea iR Bubllaragrallh (a) 2., because of unique 28 circumstances applicable to providers of communications 29 services when compared to other utilities occupying municipal 30 or county roads or rights-of-way. Providers of communications 31 services may provide similar services in a manner that 9 CODING: Words strickcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 16 of 88 Florida Senate - 2007 11-1416A-07 SB 177 2 See HB 855 1 requires the placement of facilities in municipal or county 2 roads or rights-of-way or in a manner that does not require 3 the placement of facilities in such roads or rights-of-way. 4 Although similar communications services may be provided by 5 different means, the state desires to treat providers of 6 communications services in a nondiscriminatory manner and to 7 have the taxes, franchise fees, and other fees paid by 8 providers of communications services be competitively neutral, 9 Municipalities and counties retain all existing authority, if 10 any, to collect franchise fees from users or occupants of 11 municipal or county roads or rights-of-way other than 12 providers of communications services, and the provisions of 13 this subsection shall have no effect upon this authority. The 14 provisions of this subsection do not restrict the authority, 15 if any, of municipalities or counties or other governmental 16 entities to receive reasonable rental fees based on fair 17 market value for the use of public lands and buildings on 18 property outside the public roads or rights-of-way for the 19 placement of communications antennas and towers. 20 (f) Except as expressly allowed or authorized by 21 general law and except for the rights-of-way permit fees 22 subject to paragraph (c), a municipality or county may not 23 levy on a provider of communications services a tax, fee, or 24 other charge or imposition for operating as a provider of 25 communications services within the jurisdiction of the 26 municipality or county which is in any way related to using 27 its roads or rights-of-way. A municipality or county may not 28 require or solicit in-kind compensation, except as otherwise 29 provided in s. 610.1075(2) a~epara~raph (a)2. Nothing in this 30 paragraph shall impair any ordinance or agreement in effect on 31 May 22, 1998, or any voluntary agreement entered into 10 CODING: Words 6trick~R are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 17 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 subsequent to that date, which provides for or allows in-kind 2 compensation by a telecommunications company. 3 Section 5. Section 337.4061, Florida Statutes, is 4 amended to read: 5 337.4061 Definitions; unlawful use of state-maintained 6 road right-of-way by nonfranchised cable tclc?ision 7 services.-- 8 9 (1) As used in this section, the term: (a) "Cable service" means: 10 1. The one-way transmission to subscribers of video 11 programming or any other programming service; and 12 2. Subscriber interaction, if any, which is required 13 for the selection or use of such video programming or other 14 programming service. 15 (b) "Cable system" means a facility, consisting of a 16 set of closed transmission paths and associated signal 17 generation, reception, and control equipment that is designed 18 to provide cable service which includes video programming and 19 which is provided to multiple subscribers within a community, 20 but such term does not include: 21 1. A facility that serves only to retransmit the 22 television signals of one or more television broadcast 23 stations; 24 2. A facility that serves ~ subscribers without 25 usinq in enc or ffierc multiplc unit ffi;cllin~6 undcr COffiffion 26 m;ncr6hip, control, or ffia:aagcfficnt, unlc6Cl Bucll facilit) or 27 faciliticB use any public right-of-way; 28 3. A facility of a common carrier that is sublect, in 29 whole or in part, to the provisions of Title II of the Federal 30 Cable Act, except that such facility shall be considered a 31 cable system other than for purposes of s. 621(c) of the 11 CODING: Words strickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 18 of 88 Florida Senate - 2007 ll-1416A-07 SB 1772 See HB 855 1 Federal Cable Act to the extent such facility is used in the 2 transmission of video programming directly to subscribers~ 3 unless the extent of such use is solely to provide interactive 4 on-demand services; ef 5 4. An open video system that complies with s. 653 of 6 the Federal Cable Act; or 7 ~~ Any facilities of any electric utility used 8 solely for operating its electric utility systems. 9 (c) "Franchise" means an initial authorization or 10 renewal thereof issued by a franchising authority, whether 11 such authorization is designated as a franchise, permit, 12 license, resolution, contract, certificate, agreement, or 13 otherwise, which authorizes the construction or operation of a 14 cable system. 15 (d) "Franchising authority" means any governmental 16 entity empowered by federal, state, or local law to grant a 17 franchise, 18 (e) "Person" means an individual, partnership, 19 association, joint stock company, trust, corporation, or 20 governmental entity. 21 (f) "Video programming" means programming provided by 22 or generally considered comparable to programming provided by 23 a television broadcast station or cable system, 24 (2 ) It is unlawful to use the right-Of-way of any 25 state-maintained road, including appendages thereto, and also 26 including, but not limited to, rest areas, wayside parks, 27 boat-launching ramps, weigh stations, and scenic easements, to 28 provide for cable service over a cable system pUrpOBCG within 29 a geographic area subject to a valid existing franchise for 30 cable service, unless the cable system using such right-of-way 31 holds a franchise from a franchisinq authority ~ 12 CODING: Words etric][cfi are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 19 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 ffianiei~ality er ee~Hty for the area in which the right-of-way 2 is located. 3 (3) A violation of this section shall be deemed a 4 violation of s. 337.406. 5 Section 6. Sections 610.102, 610.103, 610.104, 6 610.105, 610.107, 610.1075, 610.108, 610.109, 610.1105, 7 610.1115, 610.112, 610.113, 610.114, 610.115, 610.116, 8 610,117, 610.118, and 610.119, Florida Statutes, are created 9 to read: 10 610.102 Authority to issue cable franchise.--The 11 department shall be desiqnated as the franchisinq authority. 12 pursuant to 47 U,S.C. s. 522(10). for an ordinance or 13 statutory franchise for the provision of cable service. A 14 municipality or county may not qrant a new franchise for the 15 provision of cable service within its iurisdiction after the 16 effective date of this act. 17 610.103 Definitions.--As used in this chapter, the 18 term: 19 20 (1) "Cable service" means: ta) The one-way transmission to subscribers of video 21 proqrarnminq or any other proqrarnminq service: and 22 (b) Subscriber interaction. if any. that is reauired ,23 for the selection or use of such video proqramminq or other 24 proqramminq service. 25 (2) "Cable service provider" means a person that 26 provides cable service over a cable system. 27 (3) "Cable system" means a facility consistinq of a 28 set of closed transmission paths and associated siqnal 29 qeneration, reception. and control eauipment that is desiqned 30 to provide cable service that includes video proqramminq and 31 13 CODING: Words etrie][CB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 20 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 that is orovided to multiole subscribers within a communi tv , 2 but such term does not include: 3 (a) A facility that serves only to retransmit the 4 television siqnals of one or more television broadcast 5 stations: 6 (b) A facility that serves subscribers without usinq 7 any oublic riqht-of-way: 8 (c) A facility of a common carrier that is subiect, in 9 whole or in oart, to the orovisions of Title II of the Federal 10 Cable Act, exceot that such facility shall be considered a 11 cable system other than for ourooses of s, 621(c} of the 12 Federal Cable Act only to the extent such facility is used in 13 the transmission of video oroqramminq directly to subscribers, 14 unless the extent of such use is solely to orovide interactive 15 on-demand services: 16 (d) An ooen video system that comolies with s. 653 of 17 the Federal Cable Act; or 18 (e) Any facilities of any electric utility used solely 19 for ooeratinq its electric utility systems, 20 (4 ) "Certificateholder" means a cable service orovider 21 or a comoetitive video oroqramminq services orovider that has 22 been issued and holds an ordinance or statutory certificate of 23 franchise authority from the deoartment. 24 (5 ) (6 ) "Deoartment" means the Deoartment of State. 25 "Franchise" or "franchise authority" means an 26 initial authorization or renewal of an authorization, 27 reqardless of whether the authorization is desiqnated as a 28 franchise, oermit, license, resolution, contract, certificate, 29 aqreement, or otherwise, to construct and ooerate a cable 30 system in the oublic riqht-of-way, 31 14 CODING: Words atrickcfi are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 21 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 ( 7) "Incumbent cable service provider" means the cable 2 service provider servinq cable subscribers in a particular 3 municipal or county franchise area on Julv 1. 2007. subiect to 4 an unexpired franchise aqreement. 5 (8 ) "Public riqht-of-wav" means the area on. below. or 6 above a public roadway, hiqhwav. street. sidewalk. or alley. 7 includinq, but not limited to, a municipal. county. state. 8 district, or other public roadway. hiqhwav. street. sidewalk. 9 or alley. 10 ( 9) "Video proqramminq" means proqramminq provided by. 11 or qenerallv considered comparable to proqramminq provided by. 12 a television broadcast station as set forth in 47 V.S.C. s, 13 522 (20) . 14 610.104 Standard cable ordinance; ordinance 15 certificate of franchise authoritv.-- 16 (1) A municipality or county may enact a standard 17 cable ordinance for the provision of cable service over a 18 cable system within its iurisdiction within 90 days after a 19 request bY an entity or person. other than the incumbent cable 20 service provider. seekinq to provide cable service over a 21 cable system in whole or in part within that municipality or 22 county but in no event later than Januarv 1. 2009. A 23 municipality must. at least 10 days prior to consideration on 24 first readinq. and a county must. at least 15 days prior to 25 consideration at a public hearinq. provide notice to the 26 Secretary of State of a proposed standard cable ordinance. The 27 notice required bv this subsection must be published bv the 28 Secretary of State on a desiqnated Internet website. 29 (2) A standard cable ordinance shall contain each of 30 the terms and conditions set forth in s. 610.107 usinq the 31 precise lanquaqe contained in that section, The standard cable 15 CODING: Words Btric](CB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 22 of 88 Florida Senate - 2007 ll-1416A-07 SB 1772 See HE 855 1 ordinance mav contain anv or all of the provisions in s. 2 610.1075 and shall not impose anv other terms or conditions 3 upon a cable service provider. If a municipalitv or countv 4 enacts a standard cable ordinance within the 90-dav period 5 that complies with the reQUirements of this section, an entitv 6 or person seekinq to provide cable service over a cable svstem 7 in whole or in part within that municipalitv or countv shall 8 file its application for an ordinance certificate pursuant to 9 the terms and conditions set forth in s, 610.107 with the 10 municipalitv or countv. Upon determininq that an applicant has 11 met the criteria as set forth in s. 610.107, the municipalitv 12 or countv shall immediatelv issue notice of compliance to the 13 department, whereupon the department shall issue an ordinance 14 certificate of franchise authoritv that contains all of the 15 terms set forth in s, 610.108(4) within 5 business davs. The 16 standard cable ordinance enacted bv a municipalitv or countv 17 pursuant to, and in conformance with, the reQUirements of this 18 chapter shall supersede anv existinq cable ordinance enacted 19 bv the countv or municipalitv with reqard to anv cable service 20 provider electinq to applv for or operatinq under a standard 21 ordinance certificate. A municipalitv or countv mav not chanqe 22 the terms of anv ordinance adopted pursuant to this section, 23 except that the municipalitv or countv mav chanqe terms 24 adopted pursuant to s. 610.1075 after a period of 10 vears 25 after the date of initial enactment of the standard ordinance 26 and everv 10 vears thereafter, subiect to the limits set forth 27 in s. 610.1075(1)-(7). 28 (3) Nothinq in this act shall be construed to qive anv 29 local qovernment or the department anv authoritv over anv 30 communications service other than cable service or competitive 31 16 CODING: Words l3trickcl'i are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 23 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 video proqramminq services whether offered on a common carrier 2 or private contract basis. 3 610.105 Statutorv certificate.--In the event a 4 municipality or county fails to enact the standard cable 5 ordinance permitted bv s, 610.104 within 90 days after a 6 request or before January 1, 2009, whichever is earlier, or 7 fails to provide notice of compliance with the department to 8 allow the department to issue an ordinance certificate 9 pursuant to the standard cable ordinance within the period set 10 forth in s. 610.107(3), an entity or person seekinq to provide 11 cable service over a cable system in whole or in part within 12 that municipality or county shall file for a statutory 13 certificate of franchise authority with the department as set 14 forth in s, 610.108. 15 610.106 Eliqibility,--An entity providinq cable 16 service under an unexpired franchise aqreement with a 17 municipality or county as of July 1. 2007 is not eliqible to 18 apply for an ordinance or statutory certificate of franchise 19 authority with respect to such municipality or county until 20 the franchise aqreement expires. except as proyided by s. 21 610.109(2). An entity providinq cable seryice may seek an 22 ordinance or statutory certificate to provide service in areas 23 where the entity currently does not haye an existinq franchise 24 aqreement as of JulY 1, 2007. 25 610.107 Required provisions of standard cable 26 ordinance.--A municipality or county electinq to enact a 27 standard cable ordinance pursuant to s. 610.104 must adopt the 28 provisions set forth in subsections (1)-(11): 29 (1) An entity or person seekinq to provide cable 30 service oyer a cable system located in whole or in part within 31 the applicable municipality or county must submit to the 17 CODING: Words atric][cn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 24 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855 1 applicable municipal or county aaency an affidayit sianed by 2 an officer or aeneral partner of the applicant affirmina: 3 (al That the applicant has filed or will timely file 4 with the Federal Communications Commission all forms required 5 by that aaency in advance of offerina cable service in this 6 state, 7 (bl That the applicant aarees to comply with all 8 applicable federal and state laws and reaulations. to the 9 extent that such state laws and rules are not in conflict with 10 or superseded by the provisions of chapter 610 and s. 337.401 11 or other applicable state law. 12 (cl That the applicant aqrees to comply with all 13 lawful state laws and rules and municipal and county 14 ordinances and reaulations reaardinq the placement and 15 maintenance of communications facilities in the public 16 riaht-of-way that are aenerally applicable to providers of 17 communications services in accordance with s. 337.401. 18 (dl A description of the service area for which the 19 applicant seeks certificate of franchise authority. which 20 shall be coextensive with municipal, county, or other 21 political boundaries. For applicants with existina 22 communications facilities. the service area shall be 23 coextensive with any provider'S existina network boundaries, 24 (el The location of the applicant's principal place of 25 business and the names of the applicant's principal executive 26 officers. 27 (f) That the applicant is authorized to do business in 28 the state. 29 (al That the applicant has sufficient technical. 30 financial. and manaaerial capability to provide cable service 31 within the service area for which the applicant seeks a 18 CODING: Words otrickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 25 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855 1 certificate of franchise authority. At the time of filinq the 2 affidavit, the applicant shall furnish its most recent 3 unaualified audited financial statement if a publicly 4 ayailable audited financial report for the applicant or its 5 parent entity is not ayailable. 6 (h) That neither the applicant nor any of its current 7 principal executiye officers are under indictment or have been 8 convicted of a felony in this state. 9 (2) Before the lOth business day after an applicant 10 for a certificate of franchise authority submits the affidavit 11 described in subsection (1), the applicable municipal or 12 county aqency shall notify the applicant whether the 13 applicant's affidavit is complete. If the applicable municipal 14 or county aqency finds that the application is incomplete. the 15 applicable municipal or county aqency must specify with 16 particularity the corrective action reauired and permit the 17 applicant to amend the application to cure any deficiency. 18 (3) The applicable municipal or county aqency shall 19 provide a notice of compliance to the Department of State 20 before the 15th business day after receipt of an affidavit 21 submitted bY an applicant pursuant to subsection (1). except 22 that, if the applicable municipal or county aqency provides 23 notice before the lOth business day after receipt of the 24 affidavit that the affidavit is not complete pursuant to 25 subsection (2), the applicable municipal or county aqency 26 shall submit a notice of compliance to the Department of State 27 within 5 business days after receipt of an amended affidavit, 28 (4) After the Department of State issues an ordinance 29 certificate of franchise authority pursuant to s, 610.104, the 30 applicant shall haye the riqht to provide cable service over a 31 cable system as requested in the affidavit and shall have the 19 CODING: Words BtrickcB. are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 26 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 riqht to construct. maintain. and operate facilities throuqh. 2 upon, over. and under any public riqht-of-way or waters within 3 the applicable municipality or county. 4 (5) A certificateholder may include additional service 5 areas within the applicable municipality or county in its 6 current ordinance certificate by filinq notice with the 7 applicable municipal or county aqency and the Department of 8 State that reflects the new service area or areas to be 9 served. 10 (6) The ordinance certificate is fully transferable to 11 any successor in interest to the applicant to which the 12 certificate is initially qranted. A notice of transfer shall 13 be filed with the applicable municipal or county aqency and 14 the Department of State within 14 business days followinq the 15 completion of such transfer. 16 (7) The certificate of franchise authority issued by 17 the department may be terminated by the cable service provider 18 by submittinq notice to the applicable municipal or county 19 aqency and the Department of State. 20 (8) An applicant may challenqe a denial of an 21 application or any failure to act by the applicable municipal 22 or county aqency in a court of competent iurisdiction throuqh 23 a petition for a writ of mandamus. 24 (9) The applicable municipal or county aqency may 25 adopt a standard application form, in which case the 26 application shall be on such form. 27 (10) For the purposes of this ordinance. the 28 definitions set forth in s. 610.103 shall apply, 29 (11) After the effective date of the ordinance. a 30 cable service provider operatinq under a franchise aqreement 31 qranted by the applicable municipality or county prior to the 20 CODING: Words 6tri~]Lcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 27 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 effective date of the ordinance may elect to terminate its 2 existinq franchise aqreement pursuant to s. 610.109 and obtain 3 an ordinance franchise hereunder. 4 610.1075 Optional provisions of standard cable 5 ordinance.--A municipality or county electinq to enact a 6 standard cable ordinance pursuant to s. 610.104 may include 7 provisions that: 8 (1) Establish the number of public, educational, and 9 qovernmental access channels that each cable service provider 10 must provide, upon reQuest, to the municipality or county. as 11 follows: 12 (a) A municipality or county may reouire an ordinance 13 certificateholder, within 180 davs followinq a reQuest from 14 such municipality or county. to desiqnate a sufficient amount 15 of capacity on its network to allow the provision of the same 16 number of public, educational, and qovernmental access 17 channels or functional eQuivalent that a municipalitv or 18 countv has activated under the incumbent cable service 19 provider's franchise aqreement as of January 1. 2007. Upon the 20 earlier of the expiration or termination of the incumbent 21 cable service providers' franchise aqreement. the maximum 22 number of channels or capacity shall be as set forth in 23 paraqraph (b). For the purposes of this section, a public, 24 educational, or qovernmental channel is deemed activated if 25 the channel is beinq used for public. educational, or 26 qovernmental proqramminq within the municipality or county for 27 at least 8 hours per day of locally produced oriqinal 28 proqramminq, excludinq without limitation repeat and 29 character-qenerated proQramminq, for any 6-consecutive-month 30 period. The municipality or county may reQuire, within 180 31 days followinq a reQuest from such municipality or county, 21 CODING: Words atriclrcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 28 of 88 Florida Senate - 2007 11-1416A-07 5B 1772 See HE 855 1 additional channels or functional capacity UP to the 2 equivalent permitted under the incumbent cable service 3 provider's franchise aqreement as of January 1. 2007, until 4 such aqreement expires or is terminated, 5 (bl If a municipality or county did not have public, 6 educational, or qovernmental access channels activated under 7 the incumbent cable service provider's franchise aqreement as 8 of January 1, 2007. the municipality or county may require the 9 ordinance certificateholder to furnish, not later than 180 10 days followinq a request by the municipality or county: 11 1. Up to three public, educational. or qovernmental 12 channels or capacity equivalent for a municipality or county 13 with a population of at least 50,000. 14 2. UP to two public. educational, or qovernmental 15 channels or capacity equivalent for a municipality or county 16 with a population of less than 50.000. 17 18 The limits in sub-subparaqraphs 1. and 2. constitute the total 19 number of public, educational. or qovernmental channels that 20 may be desiqnated on any cable service provider's network 21 usinq a sinqle headend. or on all commonly owned cable service 22 provider's networks that share a common headend, reqardless of 23 the number of municipalities or counties served from such 24 headend. provided that the populations of all cities and 25 counties served by such provider'S networks shall be 26 aqqreqated for purposes of applyinq such limits. 27 (cl A cable service provider may locate any public, 28 educational, or qovernmental access channel on any tier of 29 service offered that is viewed by at least 40 percent of the 30 provider's subscribers. 31 22 CODING: Words otriclccn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 29 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (d) All other orovisions of s. 610,113 shall aoolv to 2 the orovision of oublic, educational, or qovernmental access 3 channels bY an ordinance certificateholder. 4 (2) Provide that if the municioality or county was 5 entitled on July 1, 2007, to receive recurrinq or nonrecurrinq 6 cash or other oavrnents to suooort the caoital or ooeratinq 7 costs of oublic, educational, and qovernmental access 8 facilities oursuant to the terms of the incumbent cable 9 service orovider's franchise, the municioality or county may 10 reauire an ordinance certificateholder to make the same cash 11 or other oayments until the earlier of the termination or 12 exoiration date of the incumbent cable service orovider's 13 franchise aqreement existinq as of July 1, 2007. Uoon 14 exoiration or termination of the incumbent cable service 15 orovider's franchise, any cash or other oavrnents shall be 16 orohibited. 17 (3) Require each ordinance certificateholder, if 18 reauested oursuant to a bona fide order for cable service, to 19 make cable service available at any buildinq located within 20 125 feet of a certificateholder's existinq distribution olant, 21 orovided such buildinqs are used for municioal or county 22 ourooses, includinq, but not limited to, emerqency ooerations 23 centers, fire stations, and oublic schools within the area 24 described in its aoolication includinq any amendments to such 25 aoolication. The municioality or county shall be resoonsible 26 for any connectivity beyond the first 125 feet, The 27 municioality or county shall be resoonsible for obtaininq 28 authority for the certificateholder to qain access to any 29 leased facility to orovide the services described in this 30 section on terms that are reasonablY acceotable to the 31 certificateholder and at no cost to the certificateholder. 23 CODING: Words strieJwB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 30 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (4) Identifv and cross-reference other municipal and 2 countv ordinances and requlations reqardinq the placement and 3 maintenance of communications facilities in the public 4 riqht-of-wav with which each ordinance certificateholder must 5 comply. Anv other ordinance and requlation identified and 6 cross-referenced in the standard cable ordinance shall be 7 qenerallv applicable to all providers of communications 8 services in accordance with s. 337,401. 9 (5) Require an incumbent cable service provider to 10 complv with customer service requirements reasonablv 11 comparable to. and that do not exceed. the standards in 47 12 C.F.R. s. 76.309(c). Such requirements shall onlv applv until 13 there are two or more providers offerinq cable service or 14 competitive video proqramminq services in the relevant service 15 area. In addition. the municipalitv or county mav require that 16 cable service qualitv complaints from customers of an 17 ordinance certificateholder within the iurisdiction of the 18 municipalitv or county be filed with an appropriate municipal 19 or county office or aqencv. This subsection shall not be 20 construed to permit the municipalitv or countv to impose 21 customer service standards in conflict with this section. 22 610.108 Application process; statutorv certificate of 23 franchise authoritv.--When a person or entity applies for a 24 statutorv certificate of franchise authoritv under s. 610.105. 25 the followinq provisions applv: 26 (1) Before the 10th business dav after an applicant 27 for a certificate of franchise authoritv submits the affidavit 28 described in subsection (2). the department shall notifv the 29 applicant whether the applicant's affidavit is complete. If 30 the department denies the application. the department shall 31 specifv with particularitv the reasons for the denial and 24 CODING: Words atrickcn are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 31 of 88 Florida Senate - 2007 11-1416A-07 SE 177 2 See HB 855 1 permit the applicant to amend the application to cure any 2 deficiency. The department shall act upon such amended 3 application within 10 business days. 4 (2) The department may establish a standard 5 application form that shall be limited to the specific 6 information reauired under subsection (3), in which case the 7 application shall be on such form and must be accompanied by a 8 one-time application fee established bY the department, not to 9 exceed SsOO for the applicant's initial application and no 10 more than SsO for each of the applicant's additional 11 applications. The fee shall be based on the costs incurred by 12 the department in performinq its duties under this chapter. 13 For purposes of this subsection. a parent company may file a 14 sinqle application coyerinq itself and all of its subsidiaries 15 and affiliates intendinq to provide cable service in the 16 service areas throuqhout the state as described in paraqraph 17 (3) (d), but the entity actually providinq such service in a 18 qiven area shall otherwise be considered the certificateholder 19 under this act. 20 (3) The department shall issue a certificate of 21 franchise authority to offer cable service before the 30th 22 business day after receipt of a completed affidavit submitted 23 by an applicant and siqned by an officer or qeneral partner of 24 the applicant affirminq: 25 (a) That the applicant has filed or will timely file 26 with the Federal Communications Commission all forms reauired 27 by that aqency in advance of offerinq cable service in this 28 state. 29 (b) That the applicant aqrees to complY with all 30 applicable federal and state laws and requlations, to the 31 extent that such state laws and rules are not in conflict with 25 CODING: Words strickeR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 32 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 or superseded by the provisions of this chapter or other 2 applicable state law, 3 (c) That the applicant aarees to comply with all 4 lawful state laws and rules and municipal and county 5 ordinances and requlations reaardina the placement and 6 maintenance of communications facilities in the public 7 riaht-of-way that are aenerally applicable to providers of 8 communications services in accordance with s. 337.401. 9 (d) A description of the service area for which the 10 applicant seeks a certificate of franchise authority, which 11 shall be coextensive with municipal, county, or other 12 political boundaries. For applicants with existina 13 communications facilities, the service area shall be 14 coextensive with any provider's existina network boundaries, 15 (e) The location of the applicant's principal place of 16 business and the names of the applicant's principal executive 17 officers. 18 (f) That the applicant is authorized by the department 19 to transact business in this state. 20 (a) That the applicant has sufficient technical, 21 financial, and manaqerial capability to provide cable service 22 within the service area for which the applicant seeks a 23 certificate of franchise authority. At the time of the filina 24 of the affidavit, the applicant shall furnish its most recent 25 unqualified audited financial statement if a publicly 26 available audited financial report for the applicant or its 27 parent entity is not available. 28 (h) That neither the applicant nor any of its current 29 principal executive officers are under indictment nor have 30 been convicted of a felony in this state, 31 26 CODING: Words stric](cn are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 33 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855