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Backup Documents 02/26-27/2008 R Board of County Commissioners Regular Meeting BACK-UP DOCUMENTS February 26-27,2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA February 26-27, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 (arrived at 10:15 a.m.) (absent on 2/27/08) 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." Page t February 26-27, 2008 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) 252-8380; 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. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Chuck Cary, Moorings Presbyterian Church Pledge of allegiance lead by Chief Don Peterson 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes - 4/0 (Commissioner Coyle absent) B. January 22, 2008 - BCC/LDC Meeting Approved as Presented - 4/0 (Commissioner Coyle absent) C. January 25, 2008 - BCC/CRA Advisory Board Workshop Approved as Presented - 4/0 (Commissioner Coyle absent) D. January 29, 2008 - BCC/Regular Meeting Approved as Presented - 4/0 (Commissioner Coyle absent) Page 2 February 26-27, 2008 3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation recognizing the continued support for Drug Free Collier and supporting "The Adolescent Mind and High Risk Behaviors" presentation scheduled for Wednesday, February 27,2008 by Michael Nerney. To be accepted by Maria Victoria Delgado of Drug Free Collier. Adopted - 4/0 (Commissioner Coyle absent) B. Proclamation to recognize Golden Gate Fire Chief Donald R. Peterson for 27 years of dedicated service to Collier County. To be accepted by Chief Don Peterson. Adopted - 4/0 (Commissioner Coyle absent) C. Proclamation to offer our appreciation and thanks to the volunteer drivers, office staff, and their families for their efforts in making the quality oflife better for the veterans in our community. To be accepted by Jim Elson, President, Collier County Veterans Council and Don Peacock, Treasurer, Collier County Veterans Council. Adopted - 4/0 (Commissioner Coyle absent) 5. PRESENTATIONS A. Construction briefing on six lanes of new roadway including new signals and street lighting on Collier Boulevard from Golden Gate Boulevard to 7th Ave North and from Mission Hills to Immokalee Road. Also includes bridge improvements at Tree Farm Road and new roadway on Tree Farm Road. In addition building a new multiuse pathway on the east side of the canal parallel to Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. Presented B. This item to be heard at 1 :00 p.m. Presentation by the Collier County Fire Chiefs' Association regarding the Consolidation Report. Motion to have County Manager include all participants including EMS and other independent parties in the discussions - Approved 5/0; Motion that the Board ratify that if consolidation occurs EMS will be included and will not be under control of County Government _ Approved 5/0 Page 3 February 26-27, 2008 C. Recommendation to recognize Mary-Jo Brock, Executive Secretary, County Manager's Office, as Employee of the Month for January 2008. Presented 6. PUBLIC PETITIONS A. Public petition request by Michael and Tammy McEndree to discuss the Santa Barbara Extension Project and a sound barrier wall on the east side of Polly Avenue. Presented B. Public petition request by Donald Kennedy to discuss clearing of Hurricane Wilma debris from Rock Creek. Chairman Henning to write letter to various agencies asking for assistance - Consensus C. Public petition request by Gregory Pellechia to discuss Johnnycake Drive portion of the Willow West Stormwater Improvement Project #510776. Presented Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2007-AR-11977 Big Corkscrew Island Fire Control Rescue District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting a Conditional Use allowed in the Estates (E) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 6.5 acre (E) zoned site is proposed for a Fire Station not to exceed 17,642 square feet. The subject site is located on 6.5 acres in the north east corner of Desoto Boulevard North and the proposed 22nd Avenue N.E., Golden Gate Estates Unit 72, Section 28, Township 48 South, Range 28 East, Collier County, Florida. Resolution 2008-50 Adopted 5/0 B. This item has been continued from the February 12,2008 BCC Meetine. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: V A-2006-AR- Page 4 February 26-27, 2008 10092 Mohammed M. Rahman, represented by Stephen 1. Fleming, P.E., requesting a before-the-fact variance from Section 5.05.05.B. of the LDC to reduce the lot width along the north and south property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the west property line from the required 40 feet to 25 feet to permit an automobile service station. The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Collier County, Florida. Resolution 2008-51 withe addition of "no loitering signs" Adopted 4/1 (Commissioner Coyle opposed) 8. ADVERTISED PUBLIC HEARINGS A. Request for the Board to consider a proposed amendment to section 1.04.04, Reduction of Required Site Design Requirements, of the Collier County Land Development Code as part of the Special Land Development Code (LDC) amendment cycle for 2008 as previously approved by the Board. Ordinance 2008-12 B. This item has been continued to the March 11.2008 Meetine. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-lOI7l Eastbourne Bonita, LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc., and Patrick G. White, Atty. of Porter, Wright, Morris & Arthur, LLP., requesting a rezone from the Agricultural (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for project known as Brandon RPUD, for the development of204 single-family and multi-family residential units. The subject property, consisting of 51.1 acres, is located on the southeast corner of the intersection of Livingston Road and Veterans Memorial Boulevard, Section 13, Township 48 South, Range 25 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 10:30 a.m. Presentation to the Board of County Commissioners by Andrea Sims, Waters-Oldani Executive Recruitment, a Division of the Waters Consulting Group, Inc. and consideration of the recommended five finalists for the Collier County Attorney position. Page 5 February 26-27, 2008 Motion to approve the selection of the 5 final candidates - Approved 5/0; Discussion regarding interviewing procedures and questions; Interviews will be held on April 9, 2008 B. Appointment of member to the Pelican Bay Services Division Board. Resolution 2008-47: Appointing Robert A. Pendergrass from the "Resident" category w/term limits expiring on 3/31/10 Adopted 4/0 (Commissioner Coyle absent) C. This item to be heard at 3:00 p.m. To provide information on the status of the Southwest Florida Expressway Authority (SWFEA) activities and the ongoing Toll Feasibility Studies for 1-75 and to take action to support or deny the attached resolution. (Commissioner Coletta) Motion to direct the County Attorney's Office to prepare a Resolution to emphasize non-participation in the tolling of Lanes 5 and 6; look at other options for moving traffic north and south and draft a budget amendment for a maximum expenditure of $300,000 towards funding the study - Approved 3/2 (Commissioner Halas and Commissioner Coyle opposed) D. Appointment of members to the Radio Road Beautification Advisory Committee. Resolution 2008-48: Re-appointing Dale L. Lewis (w/waiver of term limit) and Betty R. Schudel - Adopted 4/0 (Commissioner Coyle absent) E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2008-49: Re-appointing Bill L. Neal w/waiver of term limit and Maurice Gutierrez( w/waiver of term limit) - Adopted 4/0 (Commissioner Coyle absent) 10. COUNTY MANAGER'S REPORT A. Discussion on the history and application of the Land Development Code regulations concerning the rear yard setback requirements for accessory structures in the Golden Gate Estates Zoning District. (Susan M. Istenes, AICP, Director, Zoning & Land Development, CDES) Motion to approve Option No.3 on lawfully permitted structures; County Attorney's Office to memorialize actions in a Resolution to be Page 6 February 26-27, 2008 brought back at the next BCC Meeting - Approved 3/2 (Commissioner Henning and Commissioner Halas opposed) Continued to March 11, 2008 BCC Meeting B. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat ofOlde Cypress Unit One (Olde Cypress PUD). The roadway and drainage improvements will be privately maintained. (Stan Chrzanowski, Sr. Engineer, Engineering & Environmental Services Department, CDES) C. Recommendation that the Board of County Commissioners evaluate the feasibility ofa Rural Fringe Mixed-Use District Transfer of Development Rights program applicant proposal relative to severance eligibility in relation to the attainment of the Environmental Restoration & Maintenance and Conveyance bonus credit to a CDD. (Joe Thompson, Senior Planner, Comprehensive Planning Department, CDES) To invite other governmental agencies to the March 25, 2008 BCC Meeting to discuss options regarding TDR's D. Recommendation that the Board of County Commissioners provide direction to the County Attorney and the County Manager, or his designee, related to desired changes to the Charitable Organization Impact Fee Deferral Program (Amy Patterson, Impact Fee, EDC Manager, CDES) Motion to accept Alternative Proposal No.2 - Approved 4/1 (Commissioner Coletta opposed) February 27, 2008 E. Recommendation to adopt FY09 Budget Policy. (John Yonkosky, Director, Office of Management and Budget) General Fund Budeet Allocation: - Motion for a mileage rollback minus 2 % reduction in spending (only rollback for MSTU's) - Approved 4/0 (Commissioner Coyle absent); Milleaee Tareets - Approved 3/1 (Commissioner Henning opposed and Commissioner Coyle absent); Staffine: Motion on no new positions and maintain the hiring freeze on vacancies - Approved 4/0 (Commissioner Coyle absent); Health Care Proeram: Motion to continue employee health care cost sharing (80/20) - Approved 4/0 (Commissioner Coyle absent) and to strongly encourage the same with the Constitutional Officers; Page 7 February 26-27, 2008 Compensation: Motion to approve compensation proposal of only a COLA (4.2 %) allowance; no merit increases - Approved 4/0 (Commissioner Coyle absent); Stormwater Capital Fundine - Approved 4/0 (Commissioner Coyle absent); Resolution 2008-52: Adopting Budget Submittal Date of May 1, 2008 for the Sheriff's Dept. & the Supervisor of Elections Office - Adopted 4/0 (Commissioner Coyle absent); Budeet Hearine Schedule - Approved 4/0 (Commissioner Coyle absent); Comparative Budeet Data - Approved 4/0 (Commissioner Coyle absent) Contineencies -2.5 % - Approved 4/0 (Commissioner Coyle absent); Accrued Salary Savines - Cost Center Level - Approved 4/0 (Commissioner Coyle absent); Revenue Policies - Approved 4/0 (Commissioner Coyle absent); Three-year Budeet Proiections - Ad Valorem Tax Funds - Approved 4/0 (Commissioner Coyle absent) Time Certain at 5:00 p.m. - Approved 4/0 (Commissioner Coyle absent) F. This item to be heard at 5:00 p.m. Recommendation to amend the FYOS Emergency Medical Services Department budget by reducing personnel, operating and capital expenditures to offset anticipated ambulance fee revenue shortfalls. (Jeff Page, EMS Chief) Motion for a Budget Amendment to continue funding (from reserves) EMS at current staff levels - Approved 4/0 (Commissioner Coyle absent) Moved from Item #16C3 February 27, 2008 G. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development related review and processing fees as provided for in Code of Laws Section 2-11 to include a $1,000.00 fee to cover the cost of performing hydraulic modeling and analysis necessary to ensure concurrency for water and wastewater services. Resolution 2008-53 - Adopted w/changes 4/0 (Commissioner Coyle absent) Moved from Item #16E3 February 27, 2008 Page 8 February 26-27, 2008 H. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 200S calendar year. Resolution 2008-54 - Adopted w/stipulations 4/0 (Commissioner Coyle absent) February 27, 2008 1]. PUBLIC COMMENTS ON GENERAL TOPICS A. Ken Thompson - Code violation issues 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 4:00 p.m. Discussion regarding the Richland PUD (Pebblebrooke) Motion to seek legal action to close the bar areas at Stevie Tomato's - Approved 4/1 (Commissioner Halas opposed) Moved from Item #16K2 February 27, 2008 B. Recommendation that the Board approve and authorize the Chairman to execute a continuing retention agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet County Purchasing Policy contract requirements. Approved w/changes - 4/0 (Commissioner Coyle absent) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY February 27, 2008 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Mudd: Re: power outage February 26, 2008 B. County Manager Mudd: Budget concerns/challenges discussed C. County Manager Mudd: Feedback on trip to Washington D.C. with Commissioner Halas - Stressed Collier County's priorities to legislators D. Jeff Klatzkow: Re: David Weigel's Contract - Motion for Chairman to offer a written invitation to David Weigel to remain on as County Page 9 February 26-27, 2008 Attorney until the new candidate is selected - Approved 3/1 (Commissioner Halas opposed and Commissioner Coyle absent) E. Commissioner Coletta: Illegal immigration services concerns F. Commissioner Fiala: Note to County Manager to follow-up with Greyhound Bus owners on the status of cleaning up property G. Commissioner Halas: Washington trip - positive feedback H. Chairman Henning: Relay for Life Balloon Sale I. Chairman Henning: Olde Cypress variance issues; waiting for interpretation from County Attorney's Office J. Chairman Henning: Rental registration investigation report inquiry K. Chairman Henning: Cell phone taxing policy - information to be brought back to BCC L. Sue Filson: Re: Animal Services Advisory Committee vacancy M. Motion to Adjourn - 4/0 (Commissioner Coyle absent) ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with Changes - 4/0 (Commissioner Coyle absent) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request approval by the Board of County Commissioners for the proposed schedule for the Land Development Code (LDC) Amendment Cycle for 200S. Wednesday, September 24, 2008 at 5:05 p.m. in BCC Chambers 2) Recommendation to approve final acceptance of the sewer utility facility for Botanical Place. W/release of Utilities Performance Security 3) To accept final and unconditional conveyance of the water utility facility for Treviso Bay Temporary Sales Facility. W/release of Utilities Performance Security Page 10 February 26-27, 2008 4) Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk, Phase 3A. W/release of Utilities Performance Security 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra, Parcel 106. W/release of Utilities Performance Security 6) Recommendation to award Bid No. OS-4l97 Nuisance Abatement Services to Ecosystem Technologies, Inc. and Environmental Mowing, Inc. For lawn services and invasive plant removal and maintenance for code violators 7) Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received. As Detailed in the Executive Summary - Recording Cost $650.00; $10.00 per release of Lien 8) This item requires that ex parte disclosure be provided by Commission Members. Should a hearine be held on this item. all participants are required to be sworn in. Recommendation to approve for recording the final plat of Mediterra Parcel 125, Replat of Lots 44 - 47. 9) This item requires that ex parte disclosure be provided by Commission Members. Should a hearine be held on this item. all participants are required to be sworn in. Recommendation to approve for recording the final plat of Alligator Alley Commerce Center Phase One. 10) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 103 with the roadway and drainage improvements being privately maintained. Resolution 2008-42 W /release of Maintenance Security 11) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Classics Plantation Estates Phase One, (Lely Resort PUD), the roadway and drainage Page 11 February 26-27, 2008 improvements will be privately maintained. Resolution 2008-43 W/release of Maintenance Security Continued indefinitely 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Augusta at Pelican Marsh (Pelican Marsh PUD) with the roadway and drainage improvements being privately maintained. B. TRANSPORTATION SERVICES Continued to the March 11, 2008 BCC Meeting 1) Recommendation to award Bid #OS-50l6 On Call Landscape and Irrigation Service by category to various vendors for an estimated yearly cost of $500,000 (Fund Ill) Commercial Land Maintenance, Hannula Landscaping, and Vila & Son Landscape were awarded for on call landscape and irrigation services 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, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $6S.50 to record the Satisfactions of Lien. Resolution 2008-44 2) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. For Folio #3] 155007024 Moved to Item #10G 3) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development related review and processing fees as provided for in Code of Laws Section 2-11 to include a $1,000.00 fee to cover the cost of performing hydraulic modeling and analysis necessary to ensure concurrency for water and Page 12 February 26-27, 2008 wastewater services. 4) Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of$450,000 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project #74030 Which is the first phase of this project, four additional wells are planned to begin in 2011 D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Margarita Del Socorro Escobar (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 165, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Esaie Foreste and Lyla Foreste (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 161, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Antoinette Laguerre (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 163, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Antoine Joseph and Saintherese Joseph (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 3, Block 14, Naples Manor Addition, East Naples. Deferring $26,240.68 in Impact Fees Page 13 February 26-27, 2008 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Danielle Alexandre (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 162, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose J. Rosas Arroyo and Maria E. Rosas (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 160, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gabince Fanfan and Monique Willien (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 49, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Zilana Marc (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 51, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lunel Napoleon (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 52, Trail Ridge, East Naples. Deferring $] 9,372.46 in Impact Fees 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Vida Trainie Baltazard (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Page 14 February 26-27, 2008 Lot 164, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jacqueline Jules (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 142, Independence II-A, Immokalee. Deferring $19,274.83 in Impact Fees 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Angel Olvera and Nora Beatriz Olvera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 19, Liberty Landing, Immokalee. Deferring $] 2,442.52 in Impact Fees 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Islaine Georges (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 50, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Minouche Carilus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 26, Liberty Landing, Immokalee. Deferring $12,442.46 in Impact Fees 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Samuel Trejo and Rebecca Castro (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 27, Liberty Landing, Immokalee. Deferring $]2,442.46 in Impact Fees 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Emmanuel Page 15 February 26-27, 2008 Louimare (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 30, Liberty Landing, Immokalee. Deferring $12,442.46 in Impact Fees 17) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Passiana Belizaire (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 35, Liberty Landing, Immokalee. Deferring $12,442.46 in Impact Fees 18) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Penaloza Jasso and Aracely Penaloza (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 31, Liberty Landing, Immokalee. Deferring $12,442.46 in Impact Fees 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miguel Angel Gaspar Francisco (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 22, Liberty Landing, lmmokalee. Deferring $12,442.46 in Impact Fees 20) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Vital Astreide and Marie Astreide (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 10, Liberty Landing, Immokalee. Deferring $12,442.52 in Impact Fees 21) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Freeman and Freeman, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 20, Block 29, New Market, Immokalee. Deferring $19,305.88 in Impact Fees Page 16 February 26-27, 2008 22) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Freeman and Freeman, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot IS, Pine Grove, Immokalee. Deferring $19,300.01 in Impact Fees 23) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Robert Martinez and Juani Martinez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 34, Liberty Landing, Immokalee. Deferring $12,442.46 in Impact Fees 24) Report to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FYOS, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FYOS. 25) Recommendation to cease implementation of the Collier County Lethal Yellowing Disease Ordinance 2004-11 suppression program due to funding constraints and lack of consistent evidence of program need. Advertise ordinance to be brought back to repeal Ordinance 2004-11 26) Request to approve the renewal of Contract #03-3445, Vanderbilt Beach Concession with Day-Star Unlimited, Inc. d/b/a Cabana Dans. For an additional five years E. ADMINISTRATIVE SERVICES 1) Recommendation to award bid # OS-5013, Safety Equipment and Supplies to a primary, secondary and tertiary vendor, based on the lowest and most qualified bids. The primairy vendor is Safety Products, Inc., the secondary is Ritz Safety, LLC and the tertiary is Grainger Page 17 February 26-27, 2008 2) Recommendation to approve two Second Amendments to Lease Agreement with A&P Boole, LLC, for the continued use of the maintenance garage and parking space on Arnold Avenue for the Sheriff's Office, at a combined annual rental of$92,248.80. The lease is extended to March 1,2009 Moved to Item #10H 3) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2008 calendar year. 4) That the Board of County Commissioners award RFP No. 08-5012 for Cellular Communications Services and Equipment to Sprint Solutions, Inc. and further authorize the chairman to sign the standard County Attorney approved contract. ($320,000) F. COUNTY MANAGER 1) Recommendation to approve a Fifth Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, for the continued use of office space by the Pelican Bay Services Division at a first year's annual rent and Common Area Maintenance fees of$33,588. Located at 80] Laurel Oak Drive, Suite 605; Pelican Bay Services is requesting an additional three years with a three year extension option on the lease that is due to expire on February 28, 2008 2) Recommendation to approve the submittal ofa Volunteer Fire Assistance grant application from the Isles of Capri Fire District to the Florida Division of Forestry for the purchase of wild land firefighting equipment and protective clothing. 3) Recommendation to approve the submittal of a Volunteer Fire Assistance grant application from the Ochopee Fire Rescue District to the Florida Division of Forestry for the purchase of wild land firefighting equipment and protective clothing. As detailed in the Executive Summary (50/50 matching grant) Page 18 February 26-27, 2008 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement OS/2007 between the CRA and Phillip and Debra Pierce due to certain construction and permitting delays. (3144 Pine Tree Drive.) Extended to April 30, 2008 2) Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $44,500 to fund mitigation at Rookery Bay to meet South Florida Water Management District and the Army Corps of Engineers mitigation requirements for the South Taxiway construction permit at Everglades Airpark. The contractor is Environmental Quality, Inc. which is under contract with Collier County Airport Authority 3) Recommendation that the Collier County Board of County Commissioners accept additional funds from the Florida Department of Transportation in the amount of $14,650 and provide a fifty percent (50%) match in the amount of$14,650 for a total Budget Amendment of $29,300 for security enhancements for the aviation fuel storage tank system (fuel farm) at the Marco Island Executive Airport. 4) To approve and execute Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2500 Lee Street) 5) 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. (3043 Cottage Grove Avenue) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Economic Development Council's VIP Breakfast Meeting at The Page 19 February 26-27, 2008 Withdrawn 2) Hilton Naples on Thursday, February 7, 200S; $20.00 to be paid from Commissioner Henning's travel budget. Located at 5111 Tamiami Trail North Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Is attending The Marine Industries Association of Collier County Members Meeting at the Elks Lodge on Tuesday, February 12th, 200S; $25.00 to be paid from Commissioner Henning's travel budget. Located at 3950 Radio Road 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Economic Development Council of Collier County First Member Investor Meeting and Mixer for 200S on Thursday, February 2S, 200S, at the Naples Beach Hotel and Golf Club; $40.00 to be paid from Commissioner Halas' travel budget. Located at 851 Gulf Shore Boulevard North 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will be attending the Celebrate the Naples Launch of DayJet on Wednesday, February 13, 200S, at the Naples Municipal Airport; $7.50 to be paid from Commissioner Fiala's travel budget. Located at 580 Terminal Drive 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will be attending the 200S Women of Style Honorees on Friday, February 15, 200S, at the Naples Grande Resort & Club; $125.00 to be paid from Commissioner Fiala's travel budget. Located at 475 Seagate Drive I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 20 February 26-27, 2008 1) To obtain Board approval for disbursements for the period of February 2, 200S to February S, 200S and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 9, 200S to February 15, 200S and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment for Parcel Nos. S60 & 960 in the lawsuit styled CC v. J.s. Roath Corp., et aI, Case No. 05-l093-CA (South County Regional Water Treatment Wellfield Project #70S92). (Fiscal Impact-- $114,900.00) Moved to Item #12B 2) Recommendation that the Board approve and authorize the Chairman to execute a continuing retention agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet County Purchasing Policy contract requirements. 3) Recommendation to approve a Stipulated Final Judgment in the amount of $42,000.00 for Parcels l26FEE and I 26TDRE in the lawsuit styled Collier County, Florida v. Michael J. Crouch, et al., Case No. 07-369l-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,762.05) 4) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $215,000.00 for the acquisition of Parcels l13A, Sl3 and 913 in the Lawsuit styled Collier County, Florida v. Delbert Ackerman, et al., Case No. 06-1 I 24-CA (County Barn Road Project #6010 I). (Fiscal Impact: $99,919.00) 5) Recommendation that the Board review and approve an Affidavit and Attorney Certification, as well as a Consent to certain mortgages made by the Assignee, Light Tower Wireless, LLC, of a certain lease heretofore entered into by the Board on April 13, 1999 by and Page 21 February 26-27, 2008 between the County and Acme Towers, Inc. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2007-AR- 12384, Enterprise Leasing Company d/b/a Enterprise Rent-a-Car, applicant and owner, is requesting a Conditional Use pursuant to LDC Section 2.04.03 for a rental car agency within the General Commercial (C-4) Zoning District. The subject property is located at 13560 Tamiami Trail North, Suite 8, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2008-45 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: A VESMT- 2006-AR-l0754, to disclaim, renounce and vacate the County's and the Public's interest in a 25 foot wide drainage easement over the south and east 25 feet of the north of the northeast of the northwest of the southwest of Section 24, Township 48 South, Range 25 East, Collier County, Florida, and being more specifically described in Exhibit A and accept the replacement drainage easement also shown on Exhibit A in place of the vacated easement. Resolution 2008-46 18. ADJOURN Approved 4/0 (Commissioner Coyle absent) Page 22 February 26-27, 2008 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 23 February 26-27, 2008 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 26. 2008 Item 10B continued to the March 11. 2008 BCC meetina: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress Unit One (Olde Cypress PUD). The roadway and drainage improvements will be privately maintained. (Staff's request.) Item 16A1: The date listed in the Executive Summary for the BCC LDC Meeting 1 has been changed from Thursday, September 18 to Wednesday, September 24, 2008 at 5:05 p.m. (Staff's request.) Item 16A12 continued indefinitelv: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Augusta at Pelican Marsh (Pelican Marsh PUD) with the roadway and drainage improvements being privately maintained. (Petitioner's request.) Item 16B1 continued to the March 11.2008 BCC meetina: Recommendation to award Bid #08-5016 On Call Landscape and Irrigation Service by category to various vendors for an estimated yearly cost of $500,000 (Fund 111). (Staff's request.) Move Item 16C3 to 10G: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development related review and processing fees as provided for in Code of Laws Section 2-11 to include a $1,000.00 fee to cover the cost of performing hydraulic modeling and analysis necessary to ensure concurrency for water and wastewater services. (Commissioner Fiala's request.) Item 16F1: The first sentence in the second paragraph under Considerations should read: "The current lease term expires on February 28, 2008 . . . " (rather than 2007). (Staff's request.) Item 16G1: At the time the agenda went to print, the Amendment to extend Grant Agreement for this item had not been signed. The Agreement has been signed, and replacement pages have been distributed and provided for the record. (Staff's request.) Item 16H4 and 16H5: The Recommendation should read: "That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Fiala (rather than Commissioner Coletta) to attend function serving a valid public purpose." (Staff's request.) Item 17B should include the followina: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. (Staff's request.) Time Certain Items: Item 5B to be heard at 1 :00 D.m. {rather than 9:30 a.m. as shown on the index.l Presentation by the Collier County Fire Chiefs Association regarding the Consolidation Report. (Commissioner Henning's request.) Item 9A to be heard at 10:30 a.m. (rather than 10:00 a.m. as shown on the index). Presentation to the Board of County Commissioners by Andrea Sims, Waters-Oldani Executive Recruitment, a Division of the Waters Consulting Group, Inc. and consideration of the recommended five finalists for the Collier County Attorney position. (Commissioner Henning's request.) Item 9C to be heard at 3:00 D.m. To provide information on the status of the Southwest Florida Expressway Authority (SWFEA) activities and the ongoing Toll Feasibility Studies for 1-75 and to take action to support or deny the attached resolution. (Commissioner Coletta) Item 12A to be heard at 4:00 D.m. Discussion regarding Richland PUD (Pebblebrooke). PROCLAMA TION J 4A WHEREAS, alcohol and other drug abuse in this nation have reached epidemic proportions/ and. WHEREAS, approximately 55 people died in Collier County of accidental drug overdoses in 2007; an increase of approximately 35% from 2006," and. WHEREAS, we should keep our youth, our greatest resource, drug and alcohol free and guide them toward a future of hope and opportunity," and. WHEREAS, the most effective way to reduce juvenile drug addiction is to reduce demand." and. WHEREAS, this effort depends upon the active participation of families, schools, and community organizations through education and prevention/ and. WHEREAS, Drug Free Collier, a ctNIlition of ct1lTlmunity leaders and partners, parents and the community at large, dedicated to heightening substance abuse awareness and education, urges all the citizens of our community to participate in alcohol and drug education and all related prevention activities, thus mtlking a firm statement that we are strongly ct1lTlmitted to a drug-free lifestyle/ and. WHEREAS, in recognitkm of and to continue the celebration of February 10-16, 2008 as htlving been designated "National Drug Prevention and Education Week': Drug Free Collier has invited Michael Nerney, National Consultant in Substance Abuse Prevention and Education, to make a presentation entitled "The Adolescent Mind and High Risk 8ehaviorsH on Wednesday, February 27; 2008. This presentation will be held at the Dr. Martin Luther King, Jr. Administration Center located at 5775 Osceola Trail in Naples fram 6:30 to 8:00 p.m. NOW, THEREFORE- be it proclaimed by the Board of County Commissioners of Collier County, Florida, that it urges our community members to make a visible statement that we are strongly committed to a drug- free community by both supporting the efforts of Drug Free Collier and. particularly, by attending this special event. DONE AND ORDERED THIS 26th Day of February, 2008 80ARD OF COUNTY COMMISSIONERS COLLIER 'GUN , "LORIDA ATTEST: f 48 PROCLAMA TION WHEREAS, Fire Chief Dona/d R. Peterson has diligently served the residents of the Golden Gote Fire Contral and Rescue District for 27 years and is the longest serving fire chief in Collier County history: and, WHEREAS, under Chief Petersons leadership, the fire district created four new stations and added numerous firefighters and equipment to better protect a population that has grown exponential/y since 1 9SO: and, WHEREAS, the Golden Gate Fire District was the first in the county to support a joint emergency services facility consisting of fire, emergency medical services and law enforcement: and, WHEREAS, the Golden Gate Fire Districts light technical rescue team became the first in Florida to complete all state-mandated training: tmd, WHEREAS, Chief Peterson was instrumental in protecting tM Golden Gate Estates from numerous wildfires, structure fires, hurricanes and other disasters throughout his tenure as fire chief, serving tU a knowledgeable incident ClHfImandttr, strike team leader and liaison to state and national agencies: and, WHEREAS, the fire district htU never had a line-of-duty death: and, WHEREAS, Chief Peterson has made numerous personal and professional sacrifices to ensure the safety of the residents of the Golden Gate Fire Contral and Rescue District. NOW THEREFORE, the Board of County Commissioners of Collier County, Florida, recognize Chief Donald R. Peterson for his lifetime career of #rving Col/ier County. We thank you endlessly and wish you well in your retirement. DONE AND ORDERED THIS 26th Day of February, 2008. SOARD OF COUNTY COMMISSIONERS COLLIER Ci UNTY, ORIDA ATTEST: TOM HENMNG, CHAr. PROCLAMA TION 4C WHEREAS, the Veterans Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council; and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facilities in Ft Myers, Bay Pines, Tampa, and other facilities in South Florida; and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner; and, WHEREAS, the families of these volunteers also contribute to the success of this Program by supporting the volunteers and the goals of the Tronsportatian Program; and, WHEREAS, in 2007, our volunteer drivers donated 2,044 hours, transported 610 veterans, and logged 57,195 accident-free miles. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we offer our appreciation and our thanks to the volunteer drivers, office staff. and their families for their efforts in making the quality of life better for the veterans in our community. DONE AND ORDERED THIS 26th Day of February, 2008 IRMAN DWI~ E. BROCK, CLERK 7A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement (Display Adv.,locatioll, etc.) .-.****************************************************************f~*~~~**** Originating DepU Div: Comm.Dev.Serv./Planning Person: Nancy Gundlach, AICP f \l.(IY~ Other: ~********* ate: 1'22.05 ontral And Rescue District Petition No. (If none, give brief description): CU-2007-AR-I J977, Big Corkscrew Island Fir Petitioner: (Name & Address): Boh Duane, Hole Montes, Inc., 950 Encore Way, Naples. FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Big Corkscrew Island Fire Control Rescue District, 13240 lmmokalee Rd., Naples, FL 34120 Hearing before BeC BZA Other Requested Hearing date: F ebruarv 26. 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used; (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2007-AR-1l977, Big Corkscrew Island Fire Control Rescue District, represented by Robert L. Duane. Alep, of Hole Montes, Inc., requesting a Conditional Use allowed of the Estates (E) zoning disllict pursuant to Section 2.01.03.0.l.e. of the Land Development Code (LDC). The 6.5<0 acre (E) zoned site is proposed for a Safety Service Facility that will be a Fire Station and Administration Building not to exceed 17,642 square feet. The subject site is located on 6.5 acres in the north east corner of Desoto Boulevard North and the proposed 22nd Avenue N.E.. Golden Gate Estates Unit 72, Section 28, Township 48 South, Range 28 East, Collier County, Florida. Companion petition(s), if any & proposed baring date: Does Petition Fee include advertising cost? Yes 131-138326-649100 No If Yes, what account should be charged for advertising costs: Revi~ yn ~~ ;htJ ),8 Department Head Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **~*~*****~****************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: Z)2.!, leiS Date Advertised: ~ RESOLUTION NO. 08-_ 7A A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A FIRE STATION AND ADMINISTRATION BUILDING IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.l.e., FOR PROPERTY LOCATED ON THE EAST SIDE OF DESOTO BOULEVARD NORTH, OPPOSITE AND NORTH OF 22 AVENUE NE, IN SECTION 28, TOWNSHIP 48 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORlDA. 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 establis~ 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for a rue station and administration building in the Estates (E) Zoning District, pursuant to Land Development Code Section 2.01.03.G.l.e. on the property hereinafter described, and has found as a matter of fact (Exhibit lIA") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section IO.08.00.D of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Petition CU-2007-AR-II977, mad by Robert L. Duane, AICp of Hole Montes, Inc., representing Big Corkscrew Island Fire Control Rescue District, an Independent Special District and Political Subdivision of the State of Florida, with respect to the property hereinafter described as: Page I of2 The South 180 feet of Tract 115, Golden Gate Estates, Unit No. 72, according to the plat thereof recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida, and 7A 1be North 150 feet of Tract 115, Golden Gate Estates, Unit No. 72, according to the plat thereof recorded in Plat Book 5, Page 8, of the Public Records afeollier County, Florida is hereby approved for a Conditional Use pursuant to Section 2.01.03.G.l.e of the Collier County Land Development Code in the Estates (E) Zoning District, for a fIre station and administration building in accordance with the Conceptual Site Plan found in Exhibit "B" and subject to the conditions found in Exhibit "en attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this _ day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORlDA By: By: TOM HENNING, Chainnan , Deputy Clerk ow County Attorney Exhibits (attached): A. Findings of Fact B. Conceptual Site Plan, entitled, "Big Corkscrew Island & Rescue District #14,'. dated 1/07, which is prepared by Hole Montes, Inc. C. Conditions Page 2 of2 ?A' FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /' No C. Affects neighboring properties in: relation to noise, glare, economic or odor effects: _ No affect or v'Affect mitigated by M{~/-S J\.kJ\.v,J,lv-c-, J,- <;Qkit'Ct; _ Affect cannot be mitigated } D. Compatibility with adj acent properties and other property in the district: Compatible use within district y es _1<~=No _8,A ~ J O'l^- v", I he 7 ~"'- Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. CHAIRMAN_M~ DATE: !( r \ '\ -0/ EXHIBIT A ?A FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 ofthe Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency ~and 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 ingr~eSS Yes_ No_ C. boring properties in relation to noise, glare, economic or odor No affect or ~ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit~trict YeSLNO_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MFMBE~4!? DATE: /1- If ;-07 EXHIBIT A 7 A '~~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMIsSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: I. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yesl1tt 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 Yes121 No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 1!l No affect or ~ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings, this conditional use should, wi tipulations, (copy attached) (should not) be recommended for approval <text>. DATE:-A~h MEMBER: EXHIBITA ?A .... FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes fj--No_ B. Ingress and egress to property and proposed structur~s 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 ~ffe7: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings, this conditional use should, with stipula . (should not) be recommended for approval <text>. DATE: ,I 11~!o 7 .0. /:1 . //?-< /0 r'lj /-oV b-;e.-rT (/ '/ -=---. ~ EXHIBIT A I 7 A"",. FINDING OF FACT . BY . COLLIER COUNTY PLANNING COMMlSSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. z. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. C_ren" 1 <h, Lrnd D~,lopm'm Codo "'" Growili Maru<,,,,,,,,, P1m, Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow "'" ~ntrnL '1=.s in case of fire or catastrophe: Adequate ingre Ii & egress . . Yes No_ . C. Ai ects neighboring properties in relation to noise, glare, economic or odor e cts: No affect or .. Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use hithin district Yes j No Based on the above findings, this conditional use should, . th stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: II Ii 0 EXHIBIT A ?A FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-1l977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes J 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-0o_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE ~,I f 14 J 6l MEM13"" ~ ~ EXHIBIT A ?A FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-I1977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. Z. Granting the conditional use will not adversely affectthe 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 v' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: . . / No affect or ~ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes (' No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: /1/15/07 I I MEMBER: I'IhnA-. '---Re..eA {!d/~ EXHIBIT A tA FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code anthorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: . V No affect or ~ Affect mitigated by _ Affect carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMBER: ./~ ~ DATE: 1(~/5=cJ 7 EXHIBIT A OHw~v..5N1NOZ 3.or,I~.ooM __, :;Nn~_____'j.~,lt.OON 1'1. --- _ ~.:!:!l_ _ _ _._._. .. ~ i , I! :1 , , il'!! 1 ~5i. ',. " ,.;., I "'. ';.." ::.'("r.<.: l.. .':"'3~":~' ',. ~. ",' '::., , '., l.;;_~'''',', : '.~ ".-' .... ..{ .... e....,..... :'.1' ';'.1.' ": '.' .: :';' '" ',"'.!,., :;. .:. .... .:... -: ";.' ....' ',," ..... 1,iJ..... ";<;}.; '. '~': .. '.:::~i';::' ;~, :. :. -. o.~'!' '.. ':,"'N' :'. : ,': ,', :]~,~:::::.,;- .... ...... ",'. . . :s o !!! ,i Wi " % Z o N .....j,... ;'. . ... .,' ::l ":'..," ,Il .... " . ~ il~ '. I, I ". " , , , , , , , , , , , , , , , , , , , , , , , , , , , , :~ II! :, _ __.J.l!_______. ! .' ,I. 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The Conditional Use is limited to what is shown on the Master Site Plan, identified as "Conditional Use Master Site Plan," prepared by Hole Montes, Inc., dated January, 2007. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low~pressure sodium lamps are encouraged while halogen type lights are discouraged. a. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. b. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. 4. Along Desoto Boulevard and nod Avenue N.E., 30 feet of rights-of-way shall be dedicated to Collier County at no cost, in exchange for relieving the Big Corkscrew Fire District of turn lane requirements along Desoto Boulevard and nod A venue N .E. EXHIBIT C G; Current{ Gundlach/ Conditional Uses/ Big Corkscrew Fire Admin. Bldg. /Exhibit C Conditions 10-19-07 I ?A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ...................-..................................*.*.....*...*.*...*...*..**.***.*.****.***~. Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Nancy Gundlach, AICP ~~: (2,.Il' () I Petition No. (If none, give brief description): CU~2007~AR-11977. Big Corkscrew Island ),de Control And Rescue District Petitioner: (Name & Address): Bob Duane, Hole Montes, Inc., 950 Encore Way, Naples. FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Big Corkscrew Island Fire Control Rescue District, 13240 Immokalee Rd., Naples, FL 34120 Hearing before Bee BZA Other Requested Hearing date: January 15. 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2007~AR-11977. Big Corkscrew Island Fire Control Rescue District, represented by Robert L. Duane, AlCP, of Hole Montes. Inc., requesting a Conditional Use allowed of the Estates (E) zoning district pursuant to Section 2.01.03.0.l.e. of the Land Development Code (LDe). The 6.5:!: acre (E) zoned site is proposed for a Safety Service Facility that will be a Fire Station and Administration Building not to exceed 17,642 square feet. The subject site is located on 6.5 acres in the north east corner of Desoto Boulevard North and the proposed 22nd Avenue N.E., Golden Gate Estates Unit 72, Section 28, Township 48 South, Range 28 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 131-138326-649100 No If Yes, what account should be charged tor advertising costs: Reviewed by: ~ '-tn. ~ 181/1/07 ~parunent Head Date . Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County ~anager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manlier. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy tor tile. ~........**..........*................~~......**....*................................................ FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: ~ Date Advertised: ~l RESOLUTION NO. 08._ 7A -.. A RESOLUTION 01' THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA, PROVIDING FOR TIlE ESTABLISHMENT OF A CONDmONAL USE TO ALLOW A FIRE STATION AND ADMINISTRATION BUILDING IN THE ESTATES (E) ZONING D1STRlCT PURSUANT TO THE COLLIER COUNTY LAND DEVEWPMENT CODE, SECTION 2.01.03.G.l.e., FOR PROPERTY LOCATED ON THE EAST SIDE OF DESOTO BOULEVARD NORTIl, OPPOSITE AND NORTH OF 22 AVENUE NE, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florid.. and Chapter 125, Florida Statutes, has e<>nferred 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. 200441, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided. and has considered the advisability of a Conditional Use for a fire station and administration bnilding in the Estates (E) Zoning District, pursuant to Land Development Code Section 2.01.03.G.l.e. on the property hereinafter described, and has fOWld as a matter of fact (Exhibit "An) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10.08.00.0 of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Petition CU-2007-AR-1l977, filed by Robert L. Duane, AICP of Hole Montes, Inc., representing Big Corkscrew Island Fire Control Rescue District, an Independent Special District and Political Subdivision of the State of Florida, with respect to the property hereinafter described as: Page lof2 The South 180 feet of Tract liS, Golden Gate Estates, Unit No. 72, according to the pl.t thereof recorded in Pl.t Book 5, P.ge 8, of the Public Records of Collier County, Florida. and ?A The North ISO feet of Tract liS, Golden G.te Estates, Unit No. 72, according to the plat thereof recorded in PI.t Book 5, P.ge 8, of the Public Records of Collier County, Florid. is hereby approved for. Conditional Use pursuant to Section 2.01.03.G.1.e of the Collier County Land Development Code in the Estates (E) Zoning District, for a fire station and administration building in accordance with the Conceptual Site Plan found in Exhibit "B" and subject to the cOnditions found in Exhibit tiC' attached hereto and incorporated by reference herein. BE IT FURTHER RESOL YED that this Resolution be recorded in the minutes of this Board. TItis Resolution adopted after motion, second and super~majority vote, this _ day of ,2007. ArrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, Chairman App ovedfS;o form and cien~: ~fI Je~ I. Wl_!zkow Chi A stant County Attorney Exhibits (attached): A. Findings of Fact B. Conceptual Site Plan, entitled, "Big Corkscrew Island & Rescue District #14," dated 1/07, which is prepared by Hole Montes, Inc. C. Conditions Page 2 of2 ? A -. " FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-I1977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: CHAIRMAN: EXHIBIT A 7A ... 'l ~.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects : No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: EXHIBIT A I I. III JJ 15 m CIl;j!O e1M~ mo" g~cn ~-Ig JJJJm CiO::f: -Ire;; otoll'r t .~ i ! I . D . ' i = . .I , ., m >< :J: l:JI ::; l:JI lei !~ I. ,,~!i~ h!l.r ill(! ~1l'.1 !II! 11:\ ii! lip Ii i' ,I ~ lA' . · ': ZONING E - IE.t.t..) . pi . I , _-"'_'..0) hI_..... ~ ~ i -i: ~ .----------t-l----------------------------~;~:-~,~~-;;;)---------~-'1T-;--- 1- \------ ;1 i! I / \, DESOTO BLVD.I fir:! il!\ -", I 0 / '. u..~ "5_""_ Iii! III ... " ~~,.. .... I iB ft =~......~___._._=:=~=~=~=~=~_=_~=_~==~_=~~=:=~=:~:=:~~=~_=~=: l(\t~~ ~ , liillIHUI!i ;1~~)iiIWI H -------1-1- I ': , r : .. , z ' c : c: '$: Ol '" Ol , . . , . I . . . . . I . > c: immmm~~ .. ::0 i' ;ii~iiiiiiiii ~ < A 3:" "0 Olz -<0 "'- ::0-< .,0 -z ...." m,... "c ,...", ~m iiP i~ lill! I ~,>Il'il" i'~! I !ll ~ Pi: 'i i i · l! i Ii i' ~I ,i loa r ~ I: II , . ; i, i i , . ; . po . e ~ D 8 z .' Ol B~ " . '" . . a ; p~i:; ~ US~~!~ ~ 11' R m n i; . . . ~ II' ;-! ..oc.,.......... _M;_.".... WI lU~ If i'l:1 ~ I h II!, i,. ~ ,!'i -eo iS2 - ~!~a 1111 i!;" ~tJo.. 1Il;! i.ltX li1i; _.~ · liHL i a; ii ~ : I . ~ P ! ~~ . EZ .. a ~~ u . .. . J .. ! ~ B . III hi I I [uDD r II> " .' . . '" I' i ,",.;, : ' ~. " ;;.':;. .':>; '" z ~! s I" ~~ . ~J 1 0 . " ' ~ I ~ ~ .~ ~ ~ " ~ ~~ : ! : ,I . ~ I ~ . > ~ " ~ ~ I ~ I if l ~ ! I ;< 0 ~ __Jlr______ _ --------------~-----~--- SOO"II"IO.... .".. ,.... __'1~ i'" III "i 'I' " N o z z 1~ liil! l' , m 1 .. ' .. ~ -N I !.~ : ~ i a.: , ~~ ! ~~ I C! m: Z m w~ , , '. ;11>.....: I , i 1 ! : ! 1 ! : ! ~i ~i r! 1\ ;00\ : I ii 'I l f : ! ~ 1 1 ! , .. . .. ,~, e :. . I. II . il i ,'," :. ~~:-. . ' ':. .: . ,,:. ~II I N o Z Z " I'" l' m .. s- o !. c. .;.,. ",; ...... .;" '. , .. ":,",:,. ..... '.' .; ki,,;..:.:iil\::~.:: 15.... ..: u. :~(.> '<;r(>." "'0' '. - 'j' ~ ," . ,.' .'>-" -..- .....', :." .-:: ~ ':/."',:,"'."':. ~.~.! ..~, ::>:..; ......', >."<. :.;" 'r,~'. ':,;l . ';.; '" ..' :,;'..;. . :', ~il',':: '~', .' ..11'..." . "j. . Iii . '..~!i.;'.:" :" ",' .. . j! '.,. 11'1: .$!il : - , , , It I' , , , , ~ ~ ~l'Sl"i- UII.lIl' ~~ ii!.gg.lI'l J.llI.Ot'iii) ZONING A-MHO --- CONDITIONS FOR APPROVAL FOR CU-2007-AR-11977 ?A 1. The Conditional Use is limited to what is shown on the Master Site Plan, identified as "Conditional Use Master Site Plan," prepared by Hole Montes, Inc., dated January, 2007. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall he shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. a. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. b. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. EXHIBIT C G: Current! Gundlach/ Conditional Uses/ Big Corkscrew Fire Admin. Bldg. /Exhibit C Conditions 10-30-07 ?A December IS, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2007-AR-1l977, Big Corkscrew Island Fire Control and Rescue District Dear Legals: Please advertise the above referenced notice on Sunday, December 30, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.lAccount # 131-138326-649100 NOTICE OF PUBLIC HEARING ?A Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 15, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A FIRE STATION AND ADMINISTRATION BUILDING IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.l.e., FOR PROPERTY LOCATED ON THE EAST SIDE OF DESOTO BOULEVARD NORTH, OPPOSITE AND NORTH OF 22 AVENUE NE, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA Petition CU-2007-AR-11977, Big Corkscrew Island Fire Control Rescue District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Conditional Use allowed of the Estates (E) zoning district pursuant to Section 2.01.03.8.1.e. of the Land Development Code (LDC). The 6.5 +/- acre (E) zoned site is proposed for a Safety Service Facility that will be a Fire Station and Administration Building not to exceed 17,642 square feet. The subject site is located on 6.5 acres in the north east corner of Desoto Boulevard North and the proposed 22nd Avenue N.E., Golden Gate Estates, Unit 72, Section 28, Township 48 South, Range 28 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 A "~ JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~mmty of Collier '" CLERK OF THE CIRCU~T COURT COLLIER COUNTY C:OURTfJOUSE 330 I T AMIAMI 1(RAIL EA.ST P,O. BOX 413044 NAPLES. FLoRlDA~1101-3044 . 7A ~ Clerk of Courts Accountant Auditor Custodian of County Funds December IS, 2007 Big Corkscrew Island Fire Control Rescue District 13240 Immokalee Rd. Naples, FL 34120 Re: Petition CU-2007-AR-11977, Big Corkscrew Island Fire Control and Rescue District Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 15,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 30, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~v~ Martha Vergara, Deputy Clerk Enclosure Phone- (239) 732-2646 W chsite- www.c1erk.collier.f1.us --'-----.....,----..-.~--,-..~-~.-,,---"-.-.--.---,-.- "" _""H"_'___'_,_"~,_~,,,__,_ ",,_ ...__u__.________.______.___ Fax-(239) 775-2755 Email-colIierclerk\a)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts 'eounty of Collier 1.- CLERK OF THE CIRCUJT COURT COLLIER COUNTY <tOURT~OUSE 3301 TAMIAMI ~MIL EA.ST P.O. BOX 413044, NAPLES, FLORIDA 't~101-30~4 -* ? A' Clerk of Courts Accountant Auditor Custodian of County Funds December IS, 2007 Bob Duane Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Petition CU-2007-AR-11977, Big Corkscrew Island Fire Control and Rescue District Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 15,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 30, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK /~ Martha Vergara, Enclosure ---,_._.,.,--_.,-_._-,,-,~----.,,---~_._-,---.._,-_._--".-.-- Phone- (239) 732-2646 Website- www.c1erk.coIlier.f1.us Fax- (239) 775-2755 Email-coIlierclerk~c1erk.coIlier.f1.us Martha S. Vergara ?A From: Sent: To: Subject: postmaster@collierclerk.com Wednesday, December 19, 2007 10:35 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT341031.txt; CU-2007-AR-11977 Big Corkscrew Island Fire Control and Rescue Dist. [J B ATT341031.txt (231 B) CU-2007-AR-11977 Big Corkscrew... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 7A.." Martha S. Vergara ----_._---^-_._----~~._---_...._-----_..._-_._----_. From: Perrell, Pam [PPerrell@Naplesnews.com] Sent: Thursday, December 20, 2007 8:40 PM To: Martha S. Vergara Subject: RE: CU-2007-AR-119n Bi9 Corkscrew Island Fire Control and Rescue Dis!. OK -_._._---_.~_._-.,_._----~~~._---_._-_._._-_.- .'...... --.-.-.,*,--"-..,..---.-.-....." - '..---..-..--+.,. - ....-.--.--....+...-...-..-.-.....-...----..+-..----.-~----_.__..+_... From: Martha 5. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Wednesday, December 19, 2007 10:35 AM Posted To: Legals - NON Conversation: CU-2007-AR-11977 Big Corkscrew Island Fire Control and Rescue Dlst. Subject: CU-2007-AR-11977 Big Corkscrew Island Fire Control and Rescue Dlst. Pam, An ad for you.. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 12/21/2007 Page 1 of 1 7A Martha S. Vergara _.....~-_._--~-_...._---~---_.,--_.,---------,.._~---,'--'-~'-~"--"'----'---'----------~--_._. From: GundlachNancy [NancyGundlach@colliergov.netl Sent: Thursday. January 10, 2008 4:53 PM To: Martha S. Vergara Subject: RE: CU-2007-AR-11977, Big Corkscrew Island Fire & Rescue District Hi Martha, This item wili not be heard at the January 15, 2008 BCC meeting. It has been scheduled for the February 26, 2008 BCC hearing. Regards, Nancy From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk,com] Sent: Thursday, January 10, 20084:44 PM To: GundlachNancy Subject: CU-2007-AR-11977, Big Corkscrew Island Fire & Rescue District Hi Nancy, Quick question, will you be adding this Item to the BCC Jan. 15th Meeting on the change sheet or has this item been cancelled? Was reviewing the items advertised and this one isn't on the Agenda. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 1/11/2008 Th, -.APLES OAIL Y '\[WS Published Dail~ ""pies" FL1~ 1112 Affidavit of Publication State of rlorida County of Collier Before the ltndersigned thc~ sene ;IS lhe ;]uthority. personal1} appeared B. Lllllh. \\110 on oath S<l\S th;lt lhc~ SCIYC ;lS the i\s,;j"'l:111t Corporate SccrClar,\ of the :-\aplcs Dail). <l daily IlC\\Sp;lpCr published at Naples. in Collier COUllty. I:Jof!cl<!: distrihuted ill C'olljer ,lIld lxl' COUlllics or Florida: that the attached COpy of the adYcrtlsmg. being a PIJElLlC NOTICE Illlhe mailer or 1'1 KUC NOTICE \\JS published in said newspaper I time iIllhc isslle all December ~OI;I. 2007 \ili<lTl[ hll1hc.:r says 111:11111.: said '\3.pk~ ])ail~ \~'\\" i~;1 JW\lSrap.:r pubiishcd at '\ark~. in said (nl1i<.:rCDlUlty. l'lorida. and 111<1! the said nc.:\\~J);qkT jus hc.:rdnj'or<: hc..::n clllltillllllUS]V publislh:d in said (\ll]i~] ("'I!il:\ 11,)ri(b~ di~trihukd in (\,]li~r :md J ,~L ,"l\ln[i>2~ or I']ol',da L'ilL'h d;I\' :lnd ha:< lw..:n ..:nkr..:d as s>2c,md dass lllail11latkr at the rost "niL'.' H1 'apks_ 111 said Colli..:r Countv. nonda. (or ;1 pc'riod 01 1 \"::lr nL'_\l pr~~'>2ding 111<.' lirs! rllhli~'ali,'ll ofthc attad1<.'d ;':()P~' of ;ll!\'L,rtis":Il1,'nl: al1d :lnial11 fl111hLT -',1\, 111al lh' Ius lll:illll:r paid llor pl'>llli~",j ,!Il\ p..:J~"<I_ til'lll ell L\Jlvulallull all;' dh<:"UI1i. l..:h<ll~ ;__{)l\1ll1i~,~i('n \'r rcllllld j"l" thl: rurrHl~C Dr ~i.'curing ,hi~ ;ic!\;.'rli,..-mcnl f,lr II'iLii~;;i"'1 ill Ilk' '~Ild Ill:',\"'pajk'l /-...-- Signatllfc of affiant) S"Or!l 1(; and suh<.;nibcd be Core [1\(' This lO'hDa\ of December 20117 hUrL.... (1\[;..."..0<') ( Sig~~-;~F~)l;}r~r;\blic) FE! )()-257X,127 f~?~~~.~:!t~:l ~~. :;f "l~.. 0':,,- ",.9f","" JUDY JANES Commission DD 675029 Expires May 16, 2011 BonOOdThrurroyFew,i~su'al'~8I)O_:'lJl5'7'OIg .:18: Notice Is herebygfven that the Board of County Commlsslone.rs of Col- lier Cownty will hold a public. heai. Jna on Tues- .a.. January 15. '008 In the Boardroom. 3rd Floor, Adminllt"tlo,n aLllldlng, COm.r, COlInty , Go:v\,'p"ment Center. - ....1 T&mlaml Tratl "-.:p'8S, Florld.~ The' meet;IIID, will beolt, at 9:00 ...... The lllle '" the pr~.osed resolution Is !liM_ A RE$OI,.UT'ON OF THE 8OARO OF ZONING Ap. PEALS OF COLLIER CO'OlIJ!!lJY JI.ORIOA"_PRO. V 1'WI'1"vR THE ~TAB- ".SI!ME ,.ii Of A"._C.ONDI' TtOljj\l. -TO:l.\;LOllf _ A Jl1lU1t8: IJIQ III TIiIi ESTATES (E) ik'NGDISTRICT_, ANT TO TIiIi lERf . TC~&IJJ; j ''OI....'U.... ~APAOP. , Ell'lY LOCATED ON THI lAST SIDI Of DElOIO BOUI,fVAR;'NOOTHi up. POS'TE A NOllTH OF 22 AVINU ~.~~..!IC. liON 28,TUWIQlftP. SOUTH. RANGI! 21 lAST, COLL'ERCQUNTY. FLORIDA \~\< petlth~JJ,' cu.tOoi~'4.' IIW1. IIIll eo_ .. 'and flr.C~':.lJA Olstrl<l.ra ,.~ R_L._ ,. Hole Montefi:.ml:.: -ft- qua"lno a, bMdI.' Ii,: ooa' use a11owecCif"tKe ES- tates'(E) zonN~ct Dur.lI.nt to ....c~ 2.0L03.G.l.e. of ll~' atsm!, .t,::~..ct.. (LI). !fM.~ (t2~' .', ..,.,,<,,"' r~;d t .~~II~~ Fire r.a~n ~ Admin. Istratlon Bulldlno not to exceed 17.642SQua',e feet. The SU~ !llte . located on 6.5 acres In the north east comer of Desoto Boulevard North and the ..._~ Avenue N.l., Golden Gate Estett:., untt n. :!i;l!:' NOTE:AU.~ wlsh- I Ing to'Prik on any ::'"':Itt.~,,~.~ ~ mlnIW4I<)r ,~,"lO .... sentatJOn- .,w_ ~ _lOlIe_sod. 1~dt:J~.~.~1 i'A be limited t-osm~ on___ lllase_, "lion Of... '_Iduel to, ~beh8lf of an n or' QI'OUP 1. ~~.""'" recoo" nlZed ~y Iha Chelr. a 5'POk_B" ",';p.r'ton'or a Qrou,.'''''~or I.at'.. may,.'.aj. . 10 ml~ utes to ,spe on an _. per.~;:lshlng to =, ;rartl'n~"~ the 8cMIrd~~~ ets 'mutt s..t!nll~ Mid -"" . mtn_ 0/3 _k.l>rtQr ...."'* re. -~~ l'l.!!lt"'l! .. ,~"..,.'.'" shalt bllU . I to tho _rooriate COunty staff . minimum of sev. ' en d.~rlor18 Ih. f.~.....IJ:l':~= 11.",lIefora thoBoerd will bacomo a psnn.. nent part oflhO_. An..,.,..n who d~d. os to ......, a _.... "'the_WIII.....a recprd of th~, _,'", ., =.r=~hOr~\ to.nsUl'8.'~ Ilm:r,_' rts,d~.....th.~...", ..-1riUtJ.! .... t1ln'ori ':/ -r:.(i'~e lnn. cthe_1 OA P OFeii9UNT~ ~COUHT~.'\ \~COLETTA, CHAIR' M HT E e'RO~K, oVJ\G-' i~~RKMartha vergara. \'i'S~('~l.'&lI56 b~ 7A .',", , January 29, 200S Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2007-AR-11977, Big Corkscrew Island Fire Control and Rescue District Dear Legals: Please advertise the above referenced notice on Sunday, February 10,2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O.lAccount # 131-138326-649100 NOTICE OF PUBLIC HEARING 7A I' Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 26, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A FIRE STATION AND ADMINISTRATION BUILDING IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.l.e., FOR PROPERTY LOCATED ON THE EAST SIDE OF DESOTO BOULEVARD NORTH, OPPOSITE AND NORTH OF 22 AVENUE NE, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. Petition CU-2007-AR-ll977, Big Corkscrew Island Fire Control Rescue District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Conditional Use allowed of the Estates (E) zoning district pursuant to Section 2.0l.03.G.l.e. of the Land Development Code (LDC). The 6.5 +/- acre (E) zoned site is proposed for a Safety Service Facility that will be a Fire Station and Administration Building not to exceed 17,642 square feet. The subject site is located on 6.5 acres in the north east corner of Desoto Boulevard North and the proposed 22nd Avenue N.E., Golden Gate Estates, Unit 72, Section 28, Township 48 South, Range 28 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. 7A 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts :-eOl1pty l;>f Collier CLERK OF THE C[RCU!T COURT COLLIER COUNTY ~OURT~OUSE 3301 TAMIAMI 1(MIL EAST P.O. BOX 413044, NAPLES. FLORIDA~4JOI-30~4 * 7A Clerk of Courts Accountant Auditor Custodian of County Funds January 29, 200S Bob Duane Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Petition CU-2007-AR-11977, Big Corkscrew Island Fire Control and Rescue District Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0- f). ~U({ PoCtZ~'1 k \ '~a Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk@J.clerk.collier.f1.us Dwight E. Brock Clerk of Courts -e-ouety of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY <tOURT~lOUSE 3301 TAMIAMI 'J\R.AIL EAST P.O. BOX 413044, NAPLES. FLORIDA 'l;IlO 1-3044 * 7A Clerk of Courts Accountant Auditor Custodian of County Funds January 29, 200S Big Corkscrew Island Fire Control Rescue District 13240 Immokalee Rd. Naples, FL 34120 Re: Petition CU-2007-AR-11977, Big Corkscrew Island Fire Control and Rescue District Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK \bL@~ k eresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Wcbsite- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk\alclerk.collier.fl.us 7A Teresa L. Polaski To: Subject: legals@naplesnews.com CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District Attachments: CU-2007-AR-11977.doc; CU-2007-AR-11977.doc Legals, Please advertise the following on Sunday, February 10, 2008. Thank you ~ ~ CU-2007-AR-11977 CU-2007-AR-11977 .doc (29 KB) .doc (29 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po las ki@collierclerk.com) 1 Teresa L. Polaski 7A From: Sent: To: Subject: postmaster@collierclerk.com Wednesday, January 30,20089:42 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT476181.txt; CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District I~...........'l L:J I"~..'-:~..,"I U ATT476181.txt CU-2007-AR-11977 (231 B) , Big Corkscre... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District Page 1 of 1 Teresa L. Polaski 7A From: Perrell, Pam [PPerrell@Naplesnews.com] Sent: Wednesday. January 30, 2008 12:01 PM To: Teresa L. Polaski Subject: RE: CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.coml Posted At: Wednesday, January 30,20089:41 AM Posted To: Legals - NDN Conversation: CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District Subject: CU-2007-AR-11977, Big Corkscrew Island Fire Control & Rescue District Legals, Please advertise the following on Sunday, February 10, 2008. Thank you <<CU-2007-AR-11977.doc>> <<CU-2007-AR-11977.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Polaski@collierclerk.com) 1/30/2008 7A Teresa L. Polaski From: Sent: To: Subject: Teresa L. Polaski Wednesday, February 13, 2008 4:01 PM 'Iegals@naplesnews.com. Ads to run on Friday Attachments: PUDZ--2006-AR-10171.doc; GU-2007-AR-11977.doc ~ iWlIl tJ PUDZ--2006-AR-l0 CU-2007-AR-11977 171.doc (36 KB... .doc (36 KB) Per your request, here are the notices to rerun on Friday, February 15, 2008. Please provide our office notification letter that these ads ran with the incorrect headings on Sunday February 10, 2008. And per our conversation you will be crediting us for the incorrect ads that ran. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po laski@collierelerk.eom) 1 Ads to run on Friday Page 1 r f 1 7A Teresa L. Polaski ~~-----~-_._--~-~'---'-"-~"'-- "-~-,.,'----- From: Sent: To: Perrell, Pam [PPerrell@Naplesnews.com] Wednesday, February 13, 2008 4:14 PM Teresa L. Polaski Subject: RE: PUDZ-2006-AR010171 & CU-2007 -AR-11977 The above referenced notices ran wrong on Sun. Feb. 10, 2008. The headings were interchanged as well as the ad numbers at the bottom, and the PO #'s would have been switched as well. We regret the error and any inconvenience we caused you. They will run correctly on Fri., Feb. 13,2008. I have credited the two (2) notices that ran incorrectly. Thank you for your understanding in this matter. Respectfully, Pam Perrell Legal Advertising Naples Daily News (239) 263-4832 ---~---~,--,.._~,-_._._~.~~- From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Wednesday, February 13, 2008 4:01 PM Posted To: Legals - NDN Conversation: Ads to run on Friday Subject: Ads to run on Friday <<PUDZ--2006-AR-10171.doc>> <<CU-2007 -AR-11977.doc>> Per your request, here are the notices to rerun on Friday, February 15, 2008. Please provide our office notification letter that these ads ran with the incorrect headings on Sunday February 10, 2008. And per our conversation you will be crediting us for the incorrect ads that ran. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po laski@collierclerk.com) 2/13/2008 Th.Th, NAPLES DAILY NEWS Published Daill Naples. FL 141112 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. L~lInb. who on oath says that they . serve as the ASSistant Corporate Secretary of the Naples Daill. a dailv nev\spaper published at Naples. in Collier Counl\. Florid:" distributed in Collier and Lee counties of Florida: that the attached copy of the ad\'crtising. being a PUBLIC NOTI<::.E in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue On Februarv I :;'C,.21111!! \flianl hl11hcr sa\'.'; that th" said i\aples Dail... !\.::ws i~ a n.::wspapcr Puhlislh:d al ~ari"s. in .:ollier county. Floridll and that the said l1<..'v,spaper has herdnfore been continuously published m .';,l1d Collier County. F1()rida~ distrihuted in Colli.:r and Lee counties of Florida. .::aeh (lay and has hecn entered as sc..:ond class mail matter al the post orli..:.:: in :\arks, in said Collier Cnunt~,. Florida. for a p.:riod of 1 \'Car n<:xl precnling lh.: first puhlication of the attached copy of ~d\'ertiserncnL and aOiant further says that he has neither paid nor promised ilny person. linn or l.:orporatioll any disl.:oum. rebate, commission or rdillld for the purpose of securing tillS advertIsement for ~Ubl'''I'<'''~t~:j~'W~ ( Signature of affiant) Sworn to and subscribed before me This I:;'" 200g [)ay()fFcbruarv 200H ~a < . 0.;~ (Signa Ire of al] pu he) FEI :;~.2:;7g127 ."";';'.". JUDY JANES , .,"".,.v.". . . 0067'-029 f'f:':!:' _ '.:r~ CommIssion v ~.~ ;:, E,pires May 16, 2011 -;.-0-: .... o~$-~ Bonood Thru 11'\1'1 f~lp In&Ufa,,~e 8OC.38,.70'~ Notice. Is hereby given that the Board of COunty Commlsslont,rs of Cor. lIer County will hold a ~ubllc hearing on Tues- day, FebruarY 26, .,In the BoardrOOim, - 3rlf floor, Ad,mlnJ.t,.U.Q:n Ilulldtng, CoIIfef Courlty Government Center, . 3301 East T"""""".11'olI, fIIaplu,'1qrlifa-. 1'he meeting will beam at 9:00 A.M. The ttdeot' the prqposed resolution Is as fOllows: A RESOLUTION OF THE BOARD- OF lONING.Ap. P.'EALS OF' COLLIER COUNTY FLORIDA. PRO. VIDiNG '0. THE ESTAB- ...........T. TlONAL US ;1.0 A Fila: STA" ,"~I MINISTRATI- . LD~G IN THE ESUnS!E) ZONING DISTRICT PUR- SUANT TO THE COLUER COUNTYLAHO DEVEL. OPMENT CODl. SEC'nON 2.01.03.0.1...." PRO.Po P- ERTY lOCA 1iI,THE EAST SiOE TO BOULEVA~ ; Olio POSltE Ii... OF '22 AVENU EC- TION 28, 1. 41 SOUT'H, RA COllieR FLORIDA. Petition CO~2007-AR- ,U977, Big CQrktctew'IS. land Fife ==. OlsI'Iol b~ .ob.rtL~.,\lCI>,.! Hole Montes-' i.~"J1J're- qu."lng a. M. o..i Use allowed'. 'lfii'ib. tates (E) zontng .dtatrict pursuant t,o"Se-Cfto-ri ~.Ol;03.CU.e.o', the .t..and Developm.nt-Cotfti (LOC). The .,.... {E) zoned ,'" .ts~ro. . posed for a '. . ice Fadlfb' , - a: FI'. Sla"on and Admin. Istratlon Building not to exceed 17,642 square feet. The -SUbJ&ct site 15 located on 6.5 acres In the' north eat. comer of Desoto Boulevar4 NOrth and the proposed' 22nd Avenue H.E.. Golden .. ...ie 1....'4t.rIP. .u c..._, < . ' OlllirGOUfJtY:, I 7A N01'E:lllI___ .lng to .....k..onanr ~. :,e*,,1:~"" ~ =:"orti: =a : Item to bAt .re.stlct; .'ndlvldult.. ".~ers wltl ,beUmlttct,to5:'mtmqs. L~n~~!\~~ .sPMk . on 'behalf 0; .~ =::~~orln::o: nlz~"DY th. CIWr:. a "UlO"'''I~~~'for 'I ,S":=r~ Item, ~~.~~!#\l"g,g ~:t~ii.ili4;.~ \. .te_pack~ fl'm .,r t said '1nI.terI ''8: of:3 =:~t:~~ MSb1~!If~ shall b.~tted to the appropriate County staff a ml,r1Jmum of $ev. ~.~~t,,-1o-.-.tha f:J\< uH'4'lh"'p~~: tlons before the Board will become a ptrma. nent Part of the record. Any perso.IL ~() deeJd. I :f ~:~!f::.r=o~, recofd7tlt.~. ~'~-=~lhereIO 10 ens-M'hal . t= tlmreet>r'dof_1 pro- ceadlng. . . WhICh' NCord,lnc . ,t t....;j lImonyond "" ~'n"'! ~on . WItIch the'ilp*t Is based. tfyou are a person with a (Usability whO needs any actO"""". In !~fd!~lri. f~ .000~.tn you,. ~:~tt' ~~.;.,~..~: ~:~li~~{~3~{li ~~a'.~'~~'I~ ..k..U: devl_,'fGl'\., : ng Impil'lNd. . a. ble ~~,~~- ~8~:Slg~~Rio,.,nY COlliER COUNTY, ~~~~~G::~~'t: Cl.lRK .. r cT:r" Pm_ DeP. -= NO.l670116 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ? A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line thrau h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #S . Route to Addressee(s) Office Initials Date List in routin order (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached I.J 2. c 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A'. in the Not Applicable column, whichever is a TO riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si alure and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be w eo our deadlines! 6. The document was approved by the BCC on enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a Ucable. ~~o~ I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revis d 1.2605, R vised 2.24.05 ~: at - 7aJ7-frR-lI0l7 ~.&14 "-J z:t m\ Y\. 'RYe ~Cl-- I ?A MEMORANDUM Date: March 4, 200S To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-50 CU-2007-AR-11977 Big Corkscrew Fire Station & Administration Enclosed please find one copy of the document referenced above, Agenda Item #7A, adopted by the Board of County Commissioners on Tuesday, February 26, 2008. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-S4ll. Thank you. Enclosure ? A ;..~~ RESOLUTION NO. 08- 50 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A FIRE STATION AND ADMINISTRATION BUILDING IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.1.e., FOR PROPERTY LOCATED ON THE EAST SIDE OF DESOTO BOULEVARD NORTH, OPPOSITE AND NORTH OF 22 A VENUE NE, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. 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 ofthe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for a fire station and administration building in the Estates (E) Zoning District, pursuant to Land Development Code Section 2.01.03.G.1.e. on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10.08.00.D of the Land Development Code, as amended; and . WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Petition CU-2007-AR-11977, filed by Robert L. Duane, AICP of Hole Montes, Inc., representing Big Corkscrew Island Fire Control Rescue District, an Independent Special District and Political Subdivision of the State of Florida, with respect to the property hereinafter described as: Page 1 of2 ?A The South 180 feet of Tract liS, Golden Gate Estates, Unit No. 72, according to the plat thereof recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida, and The North ISO feet of Tract liS, Golden Gate Estates, Unit No. 72, according to the plat thereof recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida is hereby approved for a Conditional Use pursuant to Section 2.01.03.G.l.e of the Collier County Land Development Code in the Estates (E) Zoning District, for a fire station and administration building in accordance with the Conceptual Site Plan found in Exhibit "B" and subject to the conditions found in Exhibit "C" attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this '2foday of ,2008. ATTEST: DWIGHT~,#~J<;CLERK .. \.. . ,> ......~ -'" './.!:<.~~~.\ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Chairman Exhibits (attached): A. Findings of Fact B. Conceptual Site Plan, entitled, "Big Corkscrew Island & Rescue District #14," dated 1/07, which is prepared by Hole Montes, Inc. C. Conditions Item # fA Page 2 of2 Agenda ~ 7-lc,( c€, Date Date -zhs ic6 ~ eputy Clerk ~ 7A "'1 '.,1 , FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or V Affect mitigated by '1n . 11' ,,-s ,v'-Q\v'c..*,~,~. ~~kt( _ Affect cannot be mitigated ~ } D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No _~A ~<:" J o~ Vkl h^ 7l\..*'''\.. Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. ClWRMANA\ AI\, DATE: 1('\."\-0; EXHIBIT A 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. B. Consistency ~nd Development Code and Growth Management Plan: Yes No Ingress and egress to propeliy 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 ~ress Yes /' No C. boring properties in relation to noise, glare, economic or odor No affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMB~-f DATE: /I~ If r-(J 7 EXHIBIT A .. -7' A ' ...G " & FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes r; 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 tli No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, wit tipulations, (copy attached) (should not) be recommended for approval <text>. DATE:--dIS-h MEMBER: EXHIBIT A ?A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: '" Yes' ----No -+r- 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: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings, this conditional use should, with stipulatiohs, (c (should not) be recommended for approval <text>. DATE: / /1..;/0 7 r I / / " /' :--? MEMBE~/ ~ / Z . /' / c//~-< /0 T/ / EXHIBIT A /--uLJ p;e.-,T ---- ~ 7A '..- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08,00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency 11 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 a cess in case of fire or catastrophe: Yes No c. / Arects neighboring properties in relation to noise, glare, economic or odor ef cts: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: . Compatible use hithin district Yes j No Based on the above findings, this conditional use should, 'th stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: II Ii 0 EXHIBIT A I 7 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes J 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 J 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-0o_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE II I J 4 I () -) MEMBER'~ ~ EXHIBIT A fA FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-1l977 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Vi No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ( No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: /1/15/07 I / MEMBER: ;/3vnfVL... 1......2LA f!aJLd---1"L..J EXHIBIT A Yt1 \ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007- AR-11977 The following facts are found: I. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 1/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: v" No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes '\-/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: /(n/5--:'(") 7 MEMBER: / L;--L' / c--z.. -~ I'?LI / EXHIBIT A . I .. . m , Jl Gi ~ m." 0 . (Jl_ . OJlO , cmJl mO" CO(Jl (jj~g -iJlm ~O~ " -i r (jj . ..SlOr - > -I>- Z C , I" , H~! I ~"'~~. , I ~ ~ ~ '" " ,,'~~ - - '" " ! m >< :I: Cll =4 Cll ~ei I~ b ~~i ifid~<o : e:"i3.! , ~n . '" ',i~ ?! II' ",i ~;~H --_.....-.~- ilQ!i~ ill!iF '1'1'1 i~ . ~I:lai~ ajlil~ '!I' Q"l: 11,; \l;i ! j~ ..I. ~lr 'j "I i' , , ~ ~~ I ~H ,. " i' N ~; : ~ ~ ill Q ~ ~ !,,, ! ~ "lilj il ,l~ n ~o .... ~~~'- . 9 .!HI!IHiH!~ ;t .. a ''jII' "";;I ~ 1 i ..n--I""I i ,-DH filo'- ! .. HI If: ........?,<. ' l' !! I I . I . I . . , . . . ~ ~ ~ i, i~~~ii~~ii~ia i j I . . . . . . . I . ~ . . i:l!"I";:t~l:l;:~~;;~~ 5 i i >l ii !O l; ~ .. .. 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'~ ."'S'.,' .CD'" '_-lI) ,-, '.; '- " ' El; : , , . , , , , , , " . 'i~!. ,h- "j. If '<::;1Q . 'n. j"'li I!~I \ , , , , " " i: I' , , , , tr- [l " " IHJDQi lD"lJ " "lJ" ~ ~2 ~ ~2l 16 g~ 0 ~~ ~ 8 ~ ~~ 0 c g ~ ~ ~> ' ? ~ ~ )> ~ ~ ;:; ~ ~ Noo'J,'JO'E l~.oo' mOa~OlI' (;) ZONING A-MHO 1_.-......' -E;C;sn;G-~/w----" i!~ ;2~~ Ii: _.j '!: ,. " , , !~:-z . . ~ J N o Z Z " !m 3' .... . , , m ~ ;; r; !!. ~. :'. . III i' ~ ~ I :II h!! H ~ ~i:l ~lii8 !,,'~ II.. lSl ~ ::p. j" I CONDITIONS FOR APPROVAL FOR 7A CU-2007-AR-11977 1. The Conditional Use is limited to what is shown on the Master Site Plan, identified as "Conditional Use Master Site Plan," prepared by Hole Montes, Inc., dated January, 2007. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. a. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. b. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. 4. Along Desoto Boulevard and 22nd Avenue N.E., 30 feet of right-of-way shall be dedicated to Collier County, at no cost, in exchange for relieving the Big Corkscrew Fire District of turn lane requirements along Desoto Boulevard and nnd Avenue N.E. EXHIBIT C G: Current! Gundlach/ Conditional Uses/ Big Corkscrew Fire Admin. Bldg. /Exhibit C Conditions 2-26-08 78 I..' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ******.**.*...*..***.......*...****..****.......*~*...**** * Originating Dept! Div: Conun.Dev.Serv./Plannin Petition No. (If none, give brief descriptio ......~:;:..\.:.i~.:.~ Petitioner: <Name & Address): Stephen J. Fleming, P.E., 20623 East Goidenelm Drive, Estero, FI. 33928 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mohammed M. Rahman, 13056 Valewood Dr., Naples, Fl. 34119 Hearing before Bee BZA Other Requested Hearing date: Based onadvertisementapp_' Newspaper(s) to he used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: ' ohammed M. Rahman, represented by Stephen J. Fieming, P.E., requesting a variance from ectlon . . S. . 0 teL C to reduce the lot width along the north and south property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the west property line from the required 40 feet to 25 feet to pennit an automobile service station. The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Coliier County, Florida. Companion petition(s), if any & proposed hearing date: ~eadvertisingCost? Yes No If Yes, what account should be charged for advertising costs: Approved by: i,s(a< ate County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ...........................................................*........**...................... FOR CLERK'S OFFICE USE ONLY: Date Receiv___ Date of pUbliChearin____ Date Advertised~f, RESOLUTION 08- 78 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2006-AR-lOO92, FOR A 15-FOOT VARIANCE FROM THE REQUIRED 150-FOOT LOT WIDTH TO 135 FEET AND A 15-FooT VARIANCE FROM THE REQUIRED 40- FOOT SIDE YARD SE113ACK TO 25 FEET FOR A PROPOSED AUTOMOBILE SERVICE STATION LOCATED AT 2393 LAKE TRAFFORD ROAD, AS FURTHER HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals has held a puhlic hearing after notice as in said regulations made and provided, and has considered the advisability of a ] 5-foot variance from the required ISO-foot lot width requirement to 135 feet, and a 15-foot variance from the required 40-foot side yard setback to 25 feet, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Sections 5.05.05. and 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, aU interested parties have been given opportunity to he heard hy this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Petition VA-2006-AR-IOOn filed by Stephen J. Fleming, P.E. of SJF and Associates, Inc., representing Mohammed M. Rahman, with respect to a proposed automobile service station on property located at 2393 Lake Trafford Road, lmmokaJee, Florida, as further described in the attached Exhibit B, be and the same hereby is approved for a 15-foot variance from the required 150-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side yard setback to 25 feet as shown on the attached site plan. Exhibit A, subject to the following conditions: Page I of2 78 1. The 15-foot variances granted are limited to the side yard encroachment for the proposed convenience store along the west property boundary and to a 15- foot lot width reduction, as depicted in the applicant's submitted site plan dated February 14, 2007, included as Exhibit A. 2. In addition to the required landscaping on the outside of the S-foot high wall, the inside of the wall shall be landscaped with a sinsle ruw 3-foot minimum high hedge planted a minimum of 3 feet on center and maintained at a minimum height of 5 feet. 3. There shall be no outdoor speakers except for those required by a governing authority. 4. Tbe hours of business operation are limited from 5 a.m. to 11 p.m. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2006-AR-10092 he recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote, this _ day of ,200S. ATTEST: DWlGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: ~jeffrey A. K1atzkow - \) Chief Assistant County Attorney Attachments: Exhibit A - Site Plan dated February 14, 2007 Exhibit B - Legal Description Pase 2 of2 B I ":i '1IIi1iii'1l1!:11 ::"111111' ! I!, ! _j .!!'il~ p, :. 'Il, ~ i !:i~ ~. ;;;!ili~~:~l~i ~!; &1 =11 . ad' !t~~..~l;".II,':l1{ .~...< "lI:!1 1I l"'-,~ lL(.."'fl\&~Il~I-" ,~a l, ' ~; ~l!I'!.:'1 1'"".. $ 1; i'< .! ! I~~~ i~ ~~ $i~!{;i~~l ~! ~'! ~: I..:;! '.''"''''I"..llo1r I.' \' ~ "i I~" -..Il ~ P, .. j :: J.. l::~i .; lIC.lI<l\;::~ ';" 'u. -.!i . I '1,,;II,I";i;~ II 11 .: ~ i "1..1 "If ,~ j!:l ~,~ t.o: '" ., ->~} ~ ;liiil,i;;il!i!iiil!!1 ;~I j h. -~ s.!S '! - !" .. ~. .... I 'I ,- ~ .... -. I ..........)..-- l: .... ~--""f.... .... !, i11ii111! ' J I!~_+l ~ '!I ~ if,l. i I "l' " !ill~ : ,; 1~ . · 1'1 ii ; IlJ: i[ I ~L~_~ -=. ~ f \~ Ir..!;........"..'.". '''Wj'!f~fi~i!1 jlll'l:IU!!!jl i, I,Jli~J!1 Ill" f: .... .; ,;. , -.,' 11 ~ ~".;'''''''''' -~-_.........-.-.. .... ,~,e ~~ .... I-~~l "'t m II ~ . - I 1....\ [ . ~ ......J . ~j It t\ " , " 1111, ;11l' . , g' liG ili " ....... i~ ; . '" ~ >,.J I , " ----{-~-~(ii"iJWI--~- " 1+ "'" - t!~, "to- .... ~i z ~m ~ e 0 '" 0 il m r'1 "" 0 r'1 ~~u ~ c i~ iln R r'1 ~. ~" ~~~ U) ;!l;;jn u> ~~ "" r .~.~ss r'1 !~ . il i~ 0 ,I e~n ~~ :; ~ !~ I '" .c. 'i> ~; s~s~ z . . () " ~ ~ f"l ~ i ~~..~ ~}~' ,c ~~ ~:I~ n I (fJ ~ 1- lJ~.i . ,-:;,...,..., I !~(I:~r'~ i '~~I ~.".. S1R~ fCl. n~u-n-UXll~J(Ull MINI-SUPERMARKET Loke Trafford Rood, Immokolee, FL CONCEPTU.....L SIT[ PLAN STEI'H(~ J. FLEMING 6: ASSOOAlES. INC. ._s._......_-.._.....,.. _1"'1_' ,..(...j....._ Q~"""'T CHl:0<aI1' _~n S.f 5J' S.f' 0"11 ~"o.ott:r ..UwKII EXHIBIT "A" 18 '. LEGAL DESCRIPTION: Description of parcel lying in the East Yz of the Northeast Y. of the Southwest Y. of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Commencing at the Northeast comer of the East Yz ofthe Northeast Y. of the Southwest Y. of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South 88049'30" West 663.40 feet; thence South 01"03'30" East 39.37 feet to the Point of Beginning, said point being at the Intersection of the West line of said East Yz of the Northeast Y. of Southwest Y. and the South line of Lake Trafford Road; thence continue South 01003'30" East 290.63 feet; thence North 89001'00. East 135.00 feet to the West boundary of Warden Lane; thence North 01003'30" West 290.59 feet along said West boundary to the South boundary of Lake .Trafford Road; thence South 89003'30. West 135.00 feet along said boundary to the Point of Beginning. EXHIBIT "B" ?B .".:,.. January 17,2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition V A-2006-AR-10092: Mini-Supermarket Dear Legals: Please advertise the above referenced petition on Sunday, January 27, 2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING 18 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 12, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2006-AR-10092, Mohammed M. Rahman, represented by Stephen J. Fleming, P.E., requesting a variance from Section 5.05.05.B of the LDC to reduce the lot width along the north and south property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the west property line from the required 40 feet to 25 feet to permit an automobile service station. The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Dwight E. Brock Clerk of Courts 'eOlli1tyof Collier \,~ CLERK OF THE CIRCU!T COURT COLLIER COUNTY d:OURT~OUSE 3301 TAMIAMI l(~AIL EAST P.O. B01( 413044. NAPLES, FLORIDAtlI01-30~4 ... ?B Clerk of Courts Accountant Auditor Custodian of County Funds January 17,2008 Mohammed M. Rahman 13056 Valewood Drive Naples, FL 34119 RE: V A-2006-AR-10092: Mini-Supermarket Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 12, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 27, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK. Ann~~O~~~ Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.coIlier.tl.us Fax- (239) 775-2755 Email-collierclerkia1clerk.collier.tl.us Dwight E. Brock Clerk of Courts .,eOl:lI1ty pf C6l1ier L-' CLERK OF THE CIRCU!T COURT COLLIER COUNTY d::OURT~OUSE 330 I T AMIAMI 1(\l,AIL EAST P.O. BOX 413044, NAPLES, FLORIDA ':t1]() 1-30~4 -, 78 ~'i Clerk of Courts Accountant Auditor Custodian of County Funds January 17,2008 Stephen J. Fleming, P.E. 20623 East Goldenelm Drive Estero, FL 33928 RE: V A-2006-AR-I0092: Mini-Supermarket Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 12, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 27, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK llu...u- ~,Q.e. Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.t1.us Fax- (239) 775-2755 Email-collierclerk\alclerk.collier.t1.us Ann P. Jennejohn '?8 To: Subject: legals@naplesnews.com VA-2006-AR-10092 Mini-Supermarket Attachments: VA-2006-AR-1 0092.doc; VA-2006-AR-1 0092.doc Good Morning, Please advertise the attached on Sunday, January 27, 2008. ~ ~ VA-2006-AR-10092 .doc (24 KB) VA-2006-AR-10092 .doc (23 KB) Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252-8406 (ann.jennejohn@coll ierclerk.com) 78 "'-I Ann P. Jennejohn From: Sent: To: Subject: postmaster@collierclerk.com Thursday, January 17, 2008 10:55 AM Ann P. Jennejohn Delivery Slatus Notification (Relay) Attachments: ATT190644.txt; VA-2006-AR-10092 Mini-Supermarket [J" :~';;- ,""" 1:::-::1 L.:::J ATT190644.txt (229 B) VA-2006-AR-10092 Mini-Supermar.... . This IS an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients. but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 V A-2006-AR-l 0092 Mini-Supermarket Page 1 of 1 78 Ann P. Jennejohn From: Riley, Becky [BRiley@Naplesnews.com] Sent: Tuesday, January 22, 2008 1: 15 PM To: Ann P. Jennejohn Subject: RE: VA-2006-AR-10092 Mini-Supermarket ok From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Posted At: Thursday, January 17, 2008 10:55 AM Posted To: Legals Done - NDN Conversation: VA-2006-AR-10092 Mini-Supermarket Subject: VA-2006-AR-10092 Mini-Supermarket Good Morning, Please advertise the attached on Sunday, January 27, 2008. <<V A-2006-AR-1 0092.doc>> <<VA-2006-AR-10092.doc>> Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252-8406 (ann.j ennej ohn@collierclerk.com) 1/22/2008 Th.Th, NAPLES DAILY NEWS Pubhshed Dailv Naples. FL .j.j 1112 Affidavit of Publication State of Florida County of Collier Beforc thc undcrsigned Ihcy scrvc as thc authority, pcrsonally appeared B.,Lamb, who on oath says that thcy sef\e as thc Assistant Corporatc Seerctary of the Naples Daily, a daiiy newspaper pubhshed at Naples, in Colher County, Florida: distributed in Collicr and Lee countics of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE 111 the matter of PUBLIC NOTICE was published in said nc\vspapcr I time in the issue On Januarv 27'''. 200g \nlant (llther savs lh,lt Ih.:: said N~plcs Daily \"c\Vs i~ a n.::wspapcr Puhlished at Naples. in collier county, Florida and that the said ncwspapcr has herdofofc been continuously published in said Collier County, Florida~ distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matkr at the post omc.:: in i\aples, in said Collier County, Florida, for a period of I y<,ar I1c:\1 preceding the firs! puhlication oflhe attached copy of adver1iscmcnL and affiant further says that he has neither paid nor promised allY 1l<.;r~OIl, finn 01 ..:orporati\>ll any di.~~:()unL rebate, commission or refund for the purpose of securing this advertisement for pnbli"t"'" ;).";~:7~ ( Signatufc of aman!) Sworn to and subsenbed before Ille This 27"'. ]),jy or January 2008 I". - (S;g;li~~;/~~taT)' pu~L'<'&>0 FEI5lJ-2578:l27 ,""~"f"" i~~'!I''' ~~, ~*: :*: ~~' .{.:i '.:~ '.0'1:-,. "'.9~.f"", JUDY JANES Commission DD 675029 Expires May 16, 2011 !londed llmJ r ray F~ln IflSuranoe I~Olhlll.5-701 S ,." 7 B 01. ...... .. ........ DWIGHT E. BROCK. CLE~~, lerk 8Y:Ann~nne)otm.De~~1 C IAlYlJllnI . Nn la::nfl'11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing stip and original documents are to be forwarded to the Board Ofiice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex tion of the Chairman's si -nature, draw a line thrall h roulin lines # I thrall #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk ofCourl's Office / 78 , f"f \. J. u,. of' PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Phone Number Agenda Item Number Number of Original Documents Attached 252- INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. 1hat have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware 0 our deadlines! 6. The document was approved by the BCC on enter date) and all changes made during the meeting have been incorporated in th attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. ~:cYt:s~c~r:Me~Jr!22~~so~~'~, Revised 2605. Revised 2.24.05 f13 ., , MEMORANDUM Date: March 4, 2008 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-51 V A-2006-AR-I0092 Mini-Supermarket Enclosed please find one copy of the document referenced above, Agenda Item #7B, adopted by the Board of County Commissioners on Tuesday, February 26, 2008. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure "18 RESOLUTION 08- ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2006-AR-I0092, FOR A IS-FOOT VARIANCE FROM THE REQUIRED ISO-FOOT LOT WIDTH TO 135 FEET AND A IS-FOOT VARIANCE FROM THE REQUIRED 40- FOOT SIDE YARD SETBACK TO 25 FEET FOR A PROPOSED AUTOMOBILE SERVICE STATION LOCATED AT 2393 LAKE TRAFFORD ROAD, AS FURTHER HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a IS-foot variance from the required ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side yard setback to 25 feet, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Sections 5.05.05. and 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Petition VA-2006-AR-I0092 filed by Stephen J. Fleming, P.E. of SJF and Associates, Inc., representing Mohammed M. Rahman, with respect to a proposed automobile service station on property located at 2393 Lake Trafford Road, Immokalee, Florida, as further described in the attached Exhibit B, be and the same hereby is approved for a IS-foot variance from the required ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side yard setback to 25 feet as shown on the attached site plan, Exhibit A, subject to the following conditions: Page I of2 ?B ,~ 1. The 15- foot variances granted are limited to the side yard encroachment for the proposed convenience store along the west property boundary and to a 15- foot lot width reduction, as depicted in the applicant's submitted site plan dated February 14,2007, included as Exhibit A. 2. In addition to the required landscaping on the outside of the 8-foot high wall, the inside of the wall shall be landscaped with a single row 3-foot minimum high hedge planted a minimum of 3 feet on center and maintained at a minimum height of 5 feet. 3. There shall be no outdoor speakers except for those required by a governing authority. 4. The hours of business operation are limited to 5 a.m. to II p.m. 5. "NO LOITERING" signs shall be posted in appropriate locations on the building and in the parking area. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2006-AR-10092 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 2w day of FeIovuavy ,2008. . .-~ L,,~;, .,,~~ ~.It.gr~i;:'-~. ATTEST,.\ \ " ""'. 'C", J,)' '. <iO,. DWI9.HT~. BRDCk.WRK Qj~~~~~8f2t ~L Atttst..to..Ch<<(~puty Clerk 11...tn.l~.' App ved as to form and gal ffi i BOARD OF ZONING APPEALS COL.LIEYOUNTY FLORID~ By: .:JfJ1-- TOM HENNING, CHAIRM Jeffre Chief nty Attorney Attachments: Exhibit A - Site Plan dated February 14,2007 Exhibit B - Legal Description Item # --'J.b. Page 2 of2 ,,:.. il\ .."_.~--~.J. .\'- " ..;.-_~~"^....<"~ 't., 'q, (A'C':-, \ .~_........ . t' ',.kl:.<\\ ,'.........._ ~:..,~"".. il~; .... .,,,,,---..-,--....- ~ €Hi l;~ ~ !~i= ~~ i g~,Ii~ ~~~ i ~~ 1;' ~ l!. ~:;''i '!: ,,;:l~-.. ~ ..~j\.! i1 t. ~ ~ U".; z i' ~ !~i~~lii:!n;~~ t,8;i'i"l~.l~~;"fjOE" f .~~;f\(~~_~.. i~~ Ii i i!:._~~ Il".;'; _~. ~ l( ...~ :;~~;~~~H;~~~~ iJ "~.~~"'~ "'h!!i~"'" l!lmmm!~ ~~ ":U...l( ~ ~ Eit; "~li "'!', ~,," I'i." f~l-l ,: ." ~~ ~~~ i~ i1 R"' ~s. ::;$ ~'" '!" ..' .. -~ f,"1 :ti-" ~<;. -~fi ~~ t: , ~~.~lj;lI~~~~'-StH.' ~!i iitii.~~it~~i;i ~~~$~~ 1J~t.t' ~i....~~-!i hiil !i~)'i~ ~H'I-!~ shr ~i ,. ~ t:~ ~,"l>\ ." ...~r- ;,%l -~~~- "'~.,. r;;>-" '., :l; ~; ~~ !i 1.~ '.' I.; !r.:!~-<,*,~..".". ijimi.\~i~B~:~~ ;~ t~;~JI~~~'l~~~fi i-<~i.ni;~~~~ ~ ~n~,tid~ lf~~ ,;;~ 1f'l ~ t' i i ! ! '+.,. \- ~:~. " ,. " ~.=e " ~l .~, ~ ':;'.~ . --)~.i " IV!.. ~ l"j! . ~ \!u r __.-----1i j" i . " II 1\' , ii!!! ~~~ij~ ~ ' " ~, . ,., " .... '.... '" ! ------{-~-~~-~-~--- " " .. z (j) ~~ ~~~:Il e ~< 0 fTl .~ ...; ~-<~~ ...; 0 rn~ W=;<:ll;l ~o ~l= ~i'i''f n .m m~ ^ ~l .0 ;;::.,,~g .. mm."." (j) .m ....,~$m o. i~ ~~ h'~ ffie ~~~i ~~~ ~. ~~ ~~ z, ~bl~O ~8 ~~ <>.,,"':: .0 ;;::mill~ <0 ~~ .s ~. ~.~~ ~z f II 0 ~ . ~ ~ ~ " o ~,I (j) ~ ~.. \J ~ J z {(f!r~) i .,.,..Y~; I ,.~,!...~,. lake STll/lPNO. xx-xx-xx-xxxx-xxu MINI-SUPERMARKET Trafford Road, Immokolee, FL CONCEPTUAL SITE PLAN ''" ...... EXHIBIT "A" rr~l~-~~rl' ~~ I~i ! ~: K~"' i j i i J li!!-j..q-j I . :~: , ,-;'- i i i I ~,' i ~ ~ lii~, ,"'" Iii' !Hi ~ -l"._.~__.l.:i ..l'. 'I!. ! 1 ~! .I!. 1~ ,1:1 i I i'~ ~ i ;... ~i ~ i ~ i ~I,: \ ' ~ ,.; :: ' ~ I ~', :'~~L._,___L-.:u_.u II { \" fB / " liG iI! " ~~ \Ii "- iil\ ,~ '''ILl' ~ I" i o ::0 fTl o C fTl (j) ...; fTl o < )> ::0 )> Z n fTl ~~~~ ~~ ~5~ ~~~ ;:;~~ ~;;!m ~~~ .m ~m ~~ < . . c < 'I ! ~: =-=- REVISIONS LEGAL DESCRIPTION: Description of parcel lying in the East Yz of the Northeast Yo of the Southwest Yo of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Commencing at the Northeast corner of the East Yz of the Northeast Yo of the Southwest X of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South 88049'30" West 663.40 feet; thence South 01003'30" East 39.37 feet to the Point of Beginning, said point being at the intersection of the West line of said East Yz of the Northeast Y. of Southwest Yo and the South line of Lake Trafford Road; thence continue South 01003'30" East 290.63 feet; thence North 89001'00" East 135.00 feet to the West boundary of Warden Lane; thence North 01003'30" West 290.59 feet along said West boundary to the South boundary of Lake .Trafford Road; thence South 89003'30" West 135.00 feet along said boundary to the Point of Beginning. EXHIBIT "B" 78' 8A January 31, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: BCC-LDC AD Dear Legals: Please publish the following public notice, for a Display, V. page, with map attached, in your edition of Saturday, February 16, 2008 and furnish proof of publication of advertisement to the Collier County Community Development and Environmental Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and PLEASE SEND DUPICATE ORIGINAL to Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Jeffrey A. Klatzkow, and also to the Board Minutes and Records Department. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O./Account # 113-138312-649110 8A Department of Zoning and Land Development Review January 30, 2008 Naples Daily News 1075 Central A venue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, V. page, with map attached, Legal Notice in your edition of Saturday, February 16 and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and PLEASE SEND DUPICATE ORIGINAL to Jeffrey A. Klatzkow, Esquire, CACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. February 26, 2008 NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2008-1a Notice is hereby given that on Tuesday, February 26 at 9:00 a.m., during its regular meeting in the Board of County Commissioners Meeting Room, 3'd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of County Commissioners proposes to take under advisement an amendment to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS BY PROVIDING THAT AN EXISTING CONFORMING OR NON-CONFORMING LOT, PARCEL OR YARD MAY BE REDUCED IN ITS DEGREE OF COMPLIANCE WITH THE CODE WHERE A PORTION OF SAID LOT, PARCEL OR YARD IS BEING ACQUIRED FOR PRESENT OR PLANNED PUBLIC USE AND/OR PURPOSE BY COLLIER COUNTY OR ANOTHER GOVERNMENTAL 8A ENTITY OR BY A PRIVATE PARTY UNDER AN AGREEMENT WITH COLLIER COUNTY OR ANOTHER GOVERNMENTAL ENTITY, AND PROVIDING THAT A LEGAL NON-CONFORMING LOT OR PARCEL OF LESS THAN FIVE (5) ACRES OR A CONFORMING LOT OF FIVE (5) ACRES OR MORE SHALL RETAIN ITS STATUS AS NON-CONFORMING OR CONFORMING AND ITS ELIGIBILITY TO SEVER TRANSFER OF DEVELOPMENT RIGHTS CREDITS WHERE A PORTION OF THE LOT OR PARCEL IS ACQUIRED FOR A PRESENT OR PLANNED PUBLIC USE AND/OR PURPOSE BY COLLIER COUNTY OR ANOTHER GOVERNMENTAL ENTITY OR BY A PRIVATE PARTY UNDER AN AGREEMENT WITH COLLIER COUNTY OR ANOTHER GOVERNMENTAL ENTITY; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN 8A Teresa L. Polaski To: Subject: legals@naplesnews.com LDC AMendment Cycle 2008-1a Ad Attachments: BCC LDC Cycle 2008-1a.doc; LDC Amendment Cycle 2008-1 a.doc Legals, Please advertise the following on Saturday, February 16, 2008. Thank you BCC LDC Cycle LDC Amendment 200B-la.doc (29. Cycle 200B-la.do... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po las ki@collierclerk.com) 8A Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Monday, February 04, 2008 8: 19 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT649057.txt; LDC Amendment Cycle 2008-1a Ad D" , [J ATT649057.txt (231 B) LDC Amendment Cycle 200B-la Ad... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com I LDC Amendment Cycle 2008-1 a Ad Page I of I 8A Teresa L. Polaski From: Sent: To: Perrell, Pam [PPerrell@Naplesnews.com] Monday, February 04, 2008 9:14 AM Teresa L. Polaski Subject: RE: LDC Amendment Cycle 2008-1a Ad OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Monday, February 04,20088:19 AM Posted To: Legals - NDN Conversation: LDC Amendment Cycle 2008-1a Ad Subject: LDC Amendment Cycle 2008-1a Ad Legals, Please advertise the following on Saturday, February 16, 2008. Thank you <<BCC LDC Cycle 2008-1 a.doc>> <<LDC Amendment Cycle 2008-1 a.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po laski@collierclerk.com) 2/4/2008 t B A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Plint on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sicrnature, draw a line throup-h routinlf lines #1 throuph #4, comnlete the checklist, and fOlWard to Sue Filson line #5). Route to Addressee(s) Office Iuitials Date (List in routinO' order) 1. 2. 3. 4. Catherine Fabacher, LDC Manager Zoning & Land Development Review CAF 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. NormalJy the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Catherine Fabacher, LDC Manager Phone Number 252-2322 Contact Agenda Date Item was February 26, 2008 Agenda Item Number 8-A Aooroved bv the BCC Type of Document Ordinance dDD~ -t 0 Number of Original One Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed hy the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executcd by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oftjce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullifIed. Be aware of your deadlines! Tbe document was approved by tbe BCC oU 2/19/08 and all cbanges made duriug tbe meetiug bave heeu incorporated in tbe attached document. The County Attoruey's Office has reviewed the chao es, if a Iicable. CAF Yes (Initial) CAF N/A(Not A licable) 2. CAF 3. CAF 4. CAF 5. CAF 6. I: Formsl County Fonns/ BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04-COA-OI t9011116 ORDINANCE NO. 08-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC for the calendar year 2007; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on February 26, 2008 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and Page 1 of 6 Words struok through are deleted, words underlined are added ~ B A ~,'~ WHEREAS, this Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. ~ 163.3161 et seq.), and F.S. ~ 125.01 (1 )(t) and (1 )(w); and WHEREAS; this Ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, ~ 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 19a9, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. Page 2 of 6 Words Gtruck through are deleted, words underlined are added t B A 7. Section 163.3194(1 )(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the cornprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and ellicient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance Page 3 of 6 Words 8lruck through are deleted, words underlined are added , SA SA with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS Section 1.04.04 Reduction of Required Site Design Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. B. Minimum standards; nonconformities created by public acquisition. 1. All lots or yards created after the effective date of this Code [Feb. 14, 2006] must comply with the requirements then established by this Code. 2. No lot, even though it may consist of one or more abutting lots of record, or yard, existing at the effective date of this Code [Feb. 14,2006] or lawfully existing on the effective date [Feb. 14, 2006J of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension, or area, below the minimum requirements then set forth in this Code, except by reason of a portion thereof being acquired for present or planned public use bv the followina partv or parties: (i) Collier Countv; (Ii) another aovernmental entitv or entities includina the State of Florida, Bia Cvpress Basin, South Florida Water Manaaement District. Florida Department of Transportation and public utilitv companies providina public service; (iii) private utilitv companies providina public service; and/or (Iv) a private party or parties under an aareement with Collier County or another aovernmental entity or entities containina provisions for said private party or parties to make such acauisition and for the future transfer of ownership (fee or easement interest) to Collier County or another aovernmental entitv or entities. in any manner, including dedication, condemnation, purchase, and the like. a. Required yards on improved lots, lot area, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of being acquired for present or planned public use by the party or parties described in B.2. above may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition for publio usa, but shall not result in a front yard of less than ten feet (10') in depth. Acoordingly, the resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated, typically by re- development, re-plat or lot re-combination, at which time such lots and yards must comply with the requirements Page 4 of 6 Words ctrucl\ through are deleted, words underlined are added 8A then established by this Code. Further, no conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to Section 10.02.02. 8.8; 10.02.02, 8.12, 1.04.04 or 9.03.03.A 5 may be denied such approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006. b. Other existing site related legal nonconformities, including those rendered more nonconforming as a result of acquisition for present or planned public use Qy the partv or parties described in 8.2. above and which pertain to this Code's or other county code requirements, such as, but not limited to, stormwater management, landscaping or buffers, preserves, on- or off-site parking, architectural design standards, etc., will be deemed legally nonconforming , and all such resulting nonconformities may be allowed to remain so nonconforming , unless or until the remaining lot or yard is subsequently re- created or re-developed, at which time such site related nonconformities and development must comply with the then existing requirements of this Code. c. In those circumstances where acquisition for present or planned public use, bv the partv or parties described in 8.2. above, of a portion of a lot or yard would result in one or more nonconformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an SOP or building permit required to relocate a prior existing building), the County manager, or designee, is authorized to approve such development order or permit so long as any prior existing legal nonconformity of the type set forth in b. above would not be increased. d. A leqal non-conforminq lot or parcel of less than five (5) acres desiqnated as RFMU sendinq lands or otherwise eliqible for TOR severance that was in existence as of June 22. 1999. which is later reduced in size or rendered more non-conforminq as a result of a portion thereof beinq acquired for present or planned public use bv Collier Countv or another partv or parties as described in 8.2. above, mav be reduced bv the same dimension, area, or amount involved in the dedication. condemnation, purchase or similar method of acquisition and the resultinq lol(s) or parcel(s) not so acquired shall be deemed a leqal non-conforminq lot or parcel of less than five (5) acres entitled to severance of base and bonus TOR credits at a rate of 1 TOR credit per leqal non-conforminq lot or parcel pursuant to Section 2.03.07 O. 4. of the LOC. 3. A lot or parcel five (5) acres or larqer desiqnated as RFMU sendinq lands or otherwise eliqible for TOR severance. which is later reduced in size as a result of a portion thereof beinq acquired for present or planned public use bv the partv or parties described in 8.2. above. mav be reduced bv the same dimension. area. or amount involved in the dedication. condemnation. purchase or similar method of acquisition and the number of base and bonus TOR credits qenerated from such resultinq lol(s) or parcel(s) not so acquired shall be calculated pursuant to Section 2.03.07 O. 4. of the LOC based on the lot or parcel acreaqe which existed prior to the dedication, condemnation. purchase or similar method of acquisition. Page 5 of 6 Words ()truGI( through are deleted, words underlined are added SA 3~. This section may be applied to those acquisitions occurring prior to the adoption of this ordinance so long as the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has not reached final disposition. C. Other than provided for immediately above, required off-street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this LDC. . . . . . . . . . . . . SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 26th Day of February, 2008. ATTEST: DWIGHi E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA - -. " . . . . -. . BY:..~ ~~O.G. ~\tt &. II ... (it t ~erk , ......../.1.. Appr ad t arm and legal uf c By: TO ,Or"~ Page 6 of 6 Words Gtruok through are deleted, words underlined are added SA STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-12 Which was adopted by the Board of County Commissioners on the 26th day of February, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of March, 2008. DWIGHT E. BROCK Clerk of Courts and .~lefk Ex-officio to Board of County Commission~rs ~ ~D.C. By: Ann Jennejohn, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING S\.IlC 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO' -7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the lioard Office. The completed routing slip and original documents are to he lorwarded to the Board Oflicc only after the l30ard has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate fllf additional signatures, dales. and/or information needed. If the document is already complete with the exception of the Chairman's sie:naturc, draw a line throue:h routine: lines ill throue:h #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder orthe original d(lCUmcnt pending Bee approvaL Normall:y the primary contact is the person who created/prepared the cxecutive summary. Primary contact information is needed in the cvent one nl"the addressecs above, including Sue Filson, need to contact stall j(lr additional or missing information. All original documents nceding the Bee Chairman's signature are to he delivered to the BCC oniee only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension B400 Contact Collier County Attorney's Office Agenda Date Item was February 26. 2008 Agenda Item Number 9B Approved by the BCC Type of Document Resolution 2008-47 N umber of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Otficials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Otfice and all other arties exec t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne Jotiated contract date whichever is a licable. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si lI1ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided (0 Sue Filson in the BCC office within 24 hours of BCC approyaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullined. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4, 5, 6, r(jy N/A ~ (Q{; (~ I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised] .26.05. Revised 2.24.05 ~9B RESOLUTION NO. 2008-47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT ROBERT A. PENDERGRASS TO THE PELICAN BAY SERVICES DIVISION BOARD. WHEREAS, Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services Division Board and provides that the Board shall consist of nine (9) members with a residential interest within the Municipal Service Taxing and Benefit Unit ("Unit"), and two (2) members with commercial/business or other interests within the Unit who are residents of Collier County; and WHEREAS, members of the Pelican Bay Service Division Board are selected by ballot from the residents of the Unit; and WHEREAS, there is currently a vacancy on this Board for a member with residential interest; and WHEREAS, Robert A. Pendergrass, resident, was elected as the next qualified candidate to serve on the Pelican Bay Service Division Board pursuant to the ballot results of March 6, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert A. Pendergrass, resident, is hereby appointed to the Pelican Bay Services Division Board to fulfill the remainder of the vacant term, said term to expire on March 31, 2010. This Resolution adopted after motion, second and unanimous vote. DATED: February 26, 2008 J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~,:Lb- TOM HENNING, Chairman AlTEST: DWIGHT E. BROCK, Clerk ~.) BY:~ ~(Y"" 'Attel~ IS to' ty Clerk ........' .l~ Approved as to form and legal sufficiency: w ounty Attorney Ilem# ~ p,genda 1/2tfl....~ Date 11a1~ 1/2-1-0 ~ Reed ['Q .A-'U ) t)..-". Deputy Clerk (; CP:08-BCC-00410 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlfl D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures. dates. and/or infonnation needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attomev's Office Agenda Date Item was February 26,2008 Agenda Item Number 9D Approved by the BCC Type of Document Resolution 2008-48 Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ra riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from m contracts, agreements, etc. that have been fully executed by all parties except the BCC V Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and thc Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si rnature and initials are re uired. ln most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadtines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 1. 2, 3. 4. 5, 6. N/A(Not A licable) N/A I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 9D RESOLUTION NO. 2008-48 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, the terms of two (2) members will expire on March 3, 2008, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dale L. Lewis is hereby reappointed to the Radio Road Beautification Advisory Committee for a 4 year term, said term to commence March 3, 2008, and to expire on March 3, 2012. 2. Betty R. Schudel is hereby appointed to the Radio Road Beautification Advisory for a 4 year term, said term to commence March 3, 2008, and to expire on March 3, 2012. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Dale L. Lewis to this Committee. This Resolution adopted after motion, second and majority vote. DATED: February 26, 2008 ATTEST: DWIGHT E. BROCK, Clerk By: l\.111 " .. =,' ~fl.C Attis\ u to ,Clerk 119Ntw't ..l~' . BOARD OF COUNTY COMMISSIONERS :,7k_ TOM HENNING, Chairman Item# qD Agenda -::b--~ ",-Or Date U- V I.V Jeffre Chief ~:~~d d---=~::~ ! ~ Del):Jty C:e;k lJ -U ~ -..0"'_---..--.....,."'"'..,'.,_. CP:08-BCC-00409 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chaimlan's signature, draw a line throue:h routine: lines #1 throue:h #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthc original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attomey's Office Agenda Date Item was February 26, 2008 Agenda Item Number 9E Approved by the BCC Type of Document Resolution 2008-49 Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State OffiCials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainman and the Clerk to the Board The Chairman's signature line date has been entered as thc date ofBCC approval of the document or the final ne otiateu contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the Bee on (enter date) and all cbanges made during tbe meeting bave been incorporated in tbe attacbed document. Tbe Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licabte) 2. 3. 4. 5. 6. @ N/A (([; I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 9E RESOLUTION NO. 2008-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE BAYSHORE AVALON BEAUTIFICATION ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 97-82, as amended, establishing the Bayshore Avalon Beautification Municipal Service Taxing Unit and creating the Bayshore Avalon Beautification Advisory Committee, provides that the Committee shall consist of five (5) members; and WHEREAS, the terms of two (2) members will expire on March 3, 2008, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Bayshore Avalon Beautification Advisory Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CDUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that: 1. Bill L. Neal, resident, is hereby reappointed to the Bayshore Avalon Beautification Advisory Committee for a four-year term, said term to commence March 3, 2008, and expire on March 3, 2012. 2. Maurice Gutierrez, resident, is hereby reappointed to the Bayshore Avalon Beautification Advisory Committee for a four-year term, said term to commence March 3, 2008, and expire on March 3, 2012. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Bill L. Neal and Maurice Gutierrez to this Committee. This Resolution adopted after motion, second and majority vote. DATED: February 26, 2008 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS ::Ik TOM HENNING, Chairman ~~~~~o.~. I1CJMUrt ..1" Appr ved as to form and legalu I 'e c . Item # q f" Agenda't,zu, -0 ~ . Date ~~~d 2,:Zq -0 f I ~lu A /~Ofr- Deputy Clerk _, \0 A JALKiN9 Points &"C-iZ, z/21t,lo'i?- CJ<- History I, Since 1982 there has been a separate table in the LDC in a separate section titled "Supplementary District Regulations" that has specified setbacks for all types of accessory structures for residential land uses, 2, There are also the district standards in the Estates Zoning District that in 1982 set forth "minimum yard requirements" but did not qualify as to whether or not the setback requirements were to apply to principal structures, accessory structures or both, 3, My theory is that this discrepancy prompted an administrative interpretation to apply a 10 foot rear yard setback per the setback table in the supplementary district regulations, per discussions with staff present at that time, 4, This interpretation became more problematic in 1991 when the LDC was adopted after the adopting of the GMP and text was added to the Zoning District Regulations in the Estates Zoning District which clarified that the setback standards stated in the Zoning district (vs the table) applied to accessory structures, This theoretically "reversed" the historical 10 foot standard, 5, The interpretation of 10 feet carried on throughout all the LDC changes and was an accepted practice to be applied by staff for over 20 years and accepted by the public until one inquiry was made approximately 2 months ago by a citizen, 6, No evidence of written policy; not too unusual give the length oftime of the 10 foot setback application, Staff available in the audience to give verbal testimony to the 10 foot rule application, Points to Consider: I, 10 foot rear yard setback has been routinely applied for over 20 years with know known concerns until now (one concern), 2, A change now to require additional setback beyond 10 feet will create legal non- conforming structures which is undesirable but can be remedied over time, 3, This discrepancy has been in place throughout the tenure of over two decades of County Manager's, CDES Administrators, Planning Directors and Building Officials, I regret to have to be the one to bring this forward to you after all this time however it is a problem that needs to be resolved so staff can apply Board desired setback for accessory structures, Options: 1, Keep the 10 foot rear yard setback requirement for accessory structures associated with residential dwellings - problem goes away; question about consistency with GGAMP (75 feet is not expressly stated in the GMP), 2, Require the 75 foot for accessory structures per the LDC/Estates zoning district standards - creates non-conforming structures, 3, Adopt a different standard for different periods oftime with a build back policy subject to landscape buffering, Creates different regulations in the zoning district which are subject to errors in application and confusion, Numerical data in the report was not clearly stated that it was for a one square mile sample in the Estates zoning district Staff is prepared at this time to present additional data regarding the number of impacted properties, but please keep in mind that lOnon-conforming structures are not any less problematic then 210 non- conforming structures, Please direct staff as to how you would like us to remedy the setback situation for accessory structures, An LDC amendment will more than likely be required so until that time it will be necessary to get the Board's guidance on what standard to apply, ~cc ---yZ a1~oK~ JaN S" ICl8L /J( ( "'1<- ? /2~1C'/?-<:J\ 7.10 E - Estates District: a. District Purpose: The provisions of this district are intended to apply to an area of low density residences in a semi-rural to rural environment, permitting all necessary residential activities and limited agricultural activities. The district is designed to accommodate certain structures and uses subject to restrictions and requirements necessary to preserve and protect the low density residential, semi-rural and rural environment character of the district. It is the intent of this district to implement the comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as Low Density on the Land Use Plan. b. Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1) Permitted principal Uses and Structures: single-family dwellings. 2) Permitted Accessory Uses and Structures: (a) Accessory uses and structures which are incidental to and customarily associated with the uses permitted in the district. (b) Field crops raised for consumption of the people residing on the land. (c) Keeping of fowl or poultry not to exceed twenty- fi ve (25) in total number pro- vided such fowl or poul try are kept in an enclosure located thrity (30) feet or more from any lot line and at least one hundred (100) feet from any existing residence located in adjacent porperty. (d) Keeping of horses and/or Ii vestock (excluding pigs and hogs) not to exceed two (2) per acre. Any roofed structure fOE the shelter and feeding of such animals shall be no less than twenty (20) feet from any lot line or no closer than one hundred (100) feet to any existing residence located on adj acent property. No open feed lot for animals shall be permitted. . 30. elf-*. iflavlDK' ~R (e) One guest house 8.38) . (Subject to section 3) Permitted Provisional Uses and Structures: ( a) Churches and other places of worship. (b) Public, private and and colleges having academic curriculum. parochial schools a conventional (c) Recreational facilities not accessory to principal use. (d) Social and fraternal organizations. (Subject to Section 8.11) (e) Owner occupied child care centers (Sub- ject to Section 8.48), convalescent homes, hospices, rest homes, homes for the aged, adult foster homes, children's homes and rehabilitation centers. 4) Prohibi ted Uses and Structures: Any use or structure not specifically, provisionally, or by reasonable implication permitted herein, or permissible by special exception. c. Development Standards: 1 ) Minimum Lot Area: acreS4 Two and one-quarter (2~) 2 ) Minimum Lot width: feet. One hundred fifty (150) 3) Minimum Yard Requirements: (a) Front Yard: Seventy-five (75) feet. (b) Side Yard: Ten (10%) percent of the width of the lot not to exceed a maximum require- ment of thirty (30) feet. (c) Rear Yard: seventy-five (75) feet. 4) Maximum Height of Structures: feet. Thirty (30) 5) Maximum Density: One (1) dwelling unit per two and one-quarter (2~) acres. . 31. SECTION 8. 6a-F2- ./ 2 jZIf/(f) - c.t. 6~~el~stYicl ~~\I=;+1~ JaY" 5; I Q82.. 8.;;l. - ~ SUPPLEMENTARY DISTRICT REGULATIONS: 8.1 Visibility at Intersections in All Zoning Districts: On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of three (3) feet and eight (8) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines forty (40) feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the three (3) and eight (8) foot clearance requirement. Posts for illuminating fix- tures, traffic control, and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space. 8.2 Location of Accessory Structures: Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separ- ations: ACCESSORY STRUCTURES Non-Waterfront Lots - NonGolf Course Lots FRONT STRUCTURE TO STRUCTURE (If detached) REAR SIDE L Parking Garage or Carport - Single Family 10' SPS 10' SPS 2. I-Story Parking Structures 10' SPS 35' SPS 3. Multi-Story Parking Structures *1/1 SPS 35' SPS 4. Swimming Pool and/or Screen Enclosure (One and two family) N SPS 10' SPS 5. Swimming Pool (Multiple family and Commercial) N SPS 20' 15' 6. Tennis Courts (Private) (One and two family) 10' SPS 15' SPS . ll3. 7. REV. 9 7. Tennis Courts (Multiple family and Commercial) 8. Utility Buildings 9. Chickee, Barbecue Areas 10. Attached Screen Porch 11. Unlisted Accessory 12. Satellite Dish Antenna N = None N/A = Not Applicable NP=Structure allowed in rear of building only. * SPS SPS SPS SPS SPS NP 20' 10' 10' 10' SPS 15' 15' SPS SPS SPS SPS SPS ~~-~ lJW)Oe {{{ 20' 10' N . ACCESSORY STRUCTURES On Waterfront Lots and Golf Course Lota 1. Parking Garage or Carport - Single Family 2. I-Story Parking Structures 3. Multi-Story Parking Structures' 4. Swimming Pool and/or Screen Enclosure (One and two family) 5. Swimming Pool (Multiple family and Commercial) 6. Tennis Courts (Private) (One and two family) Tennis Courts (Multiple family and Commercial) . N/A 10' 10'* SPS = Calculated same as principal structure. *1/1 = l/foot of accessory height = l/foot of building separation. FRONT SPS SPS SPS SPS SPS SPS SPS 114. STRUCTURE REAR** SIDE TO STRUCTURE (If detached) SPS SPS SPS 10' 20' 15' 35' SPS SPS SPS SPS 15 ' SPS SPS 10' 10' *1/1 N N 10' 20' REV. 9 ** In those cases where the Coastal Control Line is involved, the Coastal Control Line will apply. 114.1 . e;t-l.. 1-f2t4~~ 8.3 Exclusions from Height Limits: The height limitations con- tained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers when operated by a branch of government, ventila- tors, chimneys, feed storage structures, silos, windmills, or to other appurtenances usually required to be placed above the roof level and not intended for human occupancy, or to airport control towers; provided, however, the heights of these struc- tures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See Section 9.9). 8.4 Exclusions from Height Limits - Off-Street Parking Within a Building. In instances where off-street parking is provided within the primary building, the Zoning Director may waive the maximum height requirements to the extent necessary to permit off-street parking within the primary building, provided the number of off-street parking spaces required by this ordinance for the use involved may not be reduced, nor may the waiver in height be greater than that necessary to provide for the off-street parking within the primary building, with a maximum of two (2) parking levels. This exclusion shall not apply to those districts where provisions are made in the Height Limits for under-building parking. 8.5 Exceptiona to Required Yarda. In all zone districts, yards as defined in Section 20 shall be as established by the Schedule of District Regulations except as follows: 115. 10 GiC.. MEMORANDUM Date: March 3, 2008 To: Phil Gramatges, Sr. Project Manager PUED From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-53 Amending Resolution 2007-257 Please find one copy of the Resolution (Agenda Item #10G), as referenced above, adopted by the Board of County Commissioners on Wednesday, February 27, 2008. If you should have any questions, please call me at 252-8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 0 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to oJiginal document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's sienature, draw a line throuo-h routine: lines #1 throue:h #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routinl!' orderl I. Tom Henning Board of County Commissioners 2. - 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally lhe primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item.) Name of Primary Staff Porfirio E. Gramatges Phone Number 252-8836 Contact - Agenda Date Item was February p6, 2008 ~o..f> I v--- Agenda Item Number lOG Aooroved bv the BCC ,).7 Type of Document Resolution Number of Originat t Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes cotumn or mark "N/ A" in the Not Applicable column, whichever is a fO nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception),_,~riginal document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 2/26/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lieable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. r N/A N/A -- I: Forms/ County Forms/ BCe forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 lOG RESOLUTION NO. 08- 53 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE TO ADD A FEE FOR HYDRAULIC MODELING AND ANALYSIS NECESSARY TO ENSURE CONCURRENCY FOR WATER AND WASTEWATER SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2007, the Board of County Commissioners ("Board") approved Resolution No. 2007-357, establishing a fee schedule for services performed or collected by Collier County's Community Development and Environmental Services Division identified as Attachment B to Resolution No. 2007-357; and WHEREAS, the Board recognizes that an addition to the fee schedule is necessary to reflect the actual cost incurred by the County for hydraulic modeling and analysis necessary to ensure concurrency for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) The Board declares that the additional fee is fair and reasonable to those who will receive the benefit of services, reviews, and inspections, required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. 2) The fee schedule indentified as Attachment B to Resolution No. 2007-357 is amended to add Paragraph F. 7. d. as follows: F) SITE DEVELOPMENT PLAN * * * * * * * * * * * * * 7) Utility Plan Review & Inspection Fees- * * * * * * * * * * * * d. Utility Modeling and Analvsis fee (for all DRI's and PUD's) $ 1000 at time ofSDP, SIP. and PPL application for all developments within the geographic boundaries of the Collier County Water-Sewer District. * * * * * * * * * * * * * BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board with an immediate effective date upon the Board of County Commissioner's approval, and that Resolution No. 2007-357 is amended as stated above. This Resolution adopted after motion, second and majority vote, this 27th day of February, 2008. ATTEST: DWIGHT E. BROCK, CLERK .' U'.,". BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA I 9lllturt Approyal as to form and legal Sufficiency: Item# lOG ~;~;da a.- o.l-o~ Jenmfer A. Belpe io Assistant County Attorney Det~ 01- oa-o Q Recd a 1 taYTtf-1 OA- Sl,{tf(\;fk'd Cttr+~-b loft ~ t.R i.ifiill"~~.iifili'ii"; I i - ! . -I ..".... - t ~ ilftIJriIIIIJfJ;!II,iil ~ 1 i 1 ~mn! r ~ II IIi1 iilj hi111hJ llj Iii . I I I umUI .1 r I I, II I I ~ I i 111 Ii] II iilJflunmi I i I HlHlfl i:1 If.1 I ,. ~. ;illl . I n fHfHll 1:111 litl ~i II l..}t ! I I I ltililri!i Ii i fil!~ . I mm . 11 Ill;!; >'{ ~. HI . I II', · I I i Iii Wlj! II i i In q 0 ,................. .. ... Q.... ..,Qot I J1J1J1J1I1I1':' ..........." 1iI..........,~ HHOr ! I Uh I · I' I' H~~H. II to II i'. IIIIUI 'If[l t .. II ')1 i If.. i .. ~ I 'I Ii Ij " I I ; I >, I ..................z I ill fIll! fJ ~ ~ it II · In ! I !. .' I ' I' mrml !I' i · i ,. " . , j · II. ~ r, : , mlm , " hi 1 c ~ 1 I ! , mml .. ~ <i II I :li;l ~ i. ! , , HUH, hill I P f t 11I11I, ~H II j i mm 'r . , J "11 ' :;fi lQ]J :~, ~ j@ . 9 W @ ~ =" . @ 21 ~ I' ~ n.. iiHhll!~1I H~ih ' ! .~'-~---'.-'--l \<yA..C,Q. , u CD U U I ' ~CD ~U ~~ ::0 ~O ~' n CD ~ c I CD ~ fi W =" ,~ . 1\QJ i ~ 9 @ @8 ~;!J11 all ~ IjJ"'I~ m;;i <fi \ 011./. ffi u CD U U I ... ~CD ~'U ~~ ::0 ~O ~' n CD ~ c I CD ~ 'i f i ; , j ~ I' ~ ijI I,'ihh III II WUi ", ! u CD U U I ' ()CD g,u ai' c; ~~ ::0 ~O ~' n CD ~ c I CD ~ fi (0) ~ 16 @ ~ ,~~ r=:==IO ,. @ @8 1 @ F::> "@WJ ~ @8 . I.,: all i If I @2)'.H=hln. P!Ui ,h ! \oA/L~ u CD U U I ' ~CD ;U ~~ ::0 ~O ~' t? ~ C I CD ~ l2B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. OrigitHlI documents should be hand de1ivcTI:d 10 the RO<lrd Office. The completed routing slip and original documents are to be forwarded to the Board Office only aftl'f the l30ard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriutc for additional signatures, dates, and/or information needed, frthe document is already complete with the exec lion of the Chairman's si nature, draw a line l:hrou h routin lines # I thrau h #4, com Jete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. 3. 4. PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) 5. Sue Filson, Executive Manager Board of County Commissioners Name of Primary Staff Scott R. Teach Phone Number X8400 Contact Agenda Date ttem was 2/26/08 Agenda Item Number ,~ /;;2.6 Annroved bv the BCC Type of Document Retention Agreement Number of Original I Attached Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on d .Cllo-()S (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. \)DA NIR 'DDf\ DDA D00 uDf1 2. 3. 4. 5. 6. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 7, 2008 To: Scott Teach Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Retention Agreement with Allen, Norton & Blue, P.A. Attached please find one (1) copy, referenced above (Agenda Item 12B), adopted by the Board of County Commissioners on Tuesday, February 27, 2008. The original agreement will be held in the Minutes & Records Department as part of the Board's permanent record. If you should have any questions, please contact me 252-8411. Thank you. 128 ":.'1 , i--.:' ';"" J-.. ! f _~.. ; I \~L. U( i ;:-'(~:- : ,\ il)NTY ATTORNEr RETENTION AGREEMENT WITII{aD3 MAR - 5 ALLEN. NORTON & BLUE. P.A. 1''' I, 4 (1 II ,. lw This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Allen, Norton & Blue, P.A., of Tampa, Florida ("Allen, Norton"). Whereas, Allen, Norton has special expertise and resources in a wide range oflegal matters, with particular expertise in labor and employment related matters; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Allen, Norton; Now, Therefore, in consideration of the premises contained herein, the County hereby hires and retains Allen, Norton and Allen, Norton hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Allen, Norton in accordance with the terms set forth in Exhibit A attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit C must be included with every invoice submitted for payment. 1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of two (2 years) from the effective date of this Agreement. In the third, fourth and fifth years of the Agreement, upon the request of Allen, Norton, the County Attorney is Page 1 of 17 128 128 authorized to negotiate to increase the hourly rate up to a maximum often (10) percent without approval by the Board of County Commissioners. In the negotiation process, Allen, Norton must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Allen, Norton to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Allen, Norton agrees to the following procedures and billing limitations for multiple attorney assignments. 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the sole contact attorney for the County, except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Allen, Norton agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the provision of the legal services in question. To the extent Page 2 of 17 128 internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill at his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Allen, Norton agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45) percent. 1.4 Allen, Norton may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration oftms Agreement. 1.5 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Allen, Norton to comply with a term, condition, or requirement of this Agreement. 1.6 Payment shall be made to Allen, Norton at: Allen, Norton, & Blue, P.A. 324 South Hyde Park Avenue Suite 350 Tampa, Florida 33606 ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Allen, Norton shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Page 3 of 17 128 Agreement, professional liability insurance in an amount not less than Three Million Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Allen, Norton to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Allen, Norton shall furnish to the Risk Management Director Certificates ofInsurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of three years to begin February 26, 2008 and to end on February 26, 2011, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year Page 4 of 17 128 of County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes. ) 3.2 Time shall be deemed to be ofthe essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions ofthis Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Allen, Norton shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Allen, Norton shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Allen, Norton acknowledges and agrees that Ten Dollars ($10) of the compensation to be Page 5 of 17 128 paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton for County's right to terminate this Agreement for convenience. Allen, Norton's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Allen, Norton pertinent to the funding under this Agreement. Allen, Norton shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution ofthe audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Allen, Norton's records, Allen, Norton shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Allen, Norton. ARTICLE 6 CONFLICT OF INTEREST 6.1 Allen, Norton states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). Page 6 of 17 128 6.2 It is important that Allen, Norton be independent and impartial in order to properly conduct its services to the County. Allen, Norton shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Allen, Norton takes an adverse position to the County. 6.3 Neither Allen, Norton nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Allen, Norton's loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Allen, Norton is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Allen, Norton agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 6.5 If at any time Allen, Norton's firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Allen, Norton will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 7 INDEMNIFICATION 7.1 Allen, Norton acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton so that Allen, Norton shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney Page 7 of 17 128 selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Allen, Norton, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Allen, Norton under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event oftermination ofthis Agreement, any reports, photographs, surveys, and other data and documents prepared by Allen, Norton, whether finished or unfinished, shall become the property of County and shall be delivered by Allen, Norton to the County within seven (7) days oftermination ofthis Agreement by either party. Any compensation due to Allen, Norton shall be withheld until all documents are received as provided herein. Page 8 of 17 128 ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Allen, Norton is an independent contractor under this Agreement. Services provided by Allen, Norton shall be subject to the supervision of Allen, Norton, and such services shall not be provided by Allen, Norton as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Allen, Norton shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure ofthe funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Allen, Norton's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. Page 9 of 17 128 10.3 Allen, Norton shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Allen, Norton shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.4 Allen, Norton shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.5 Allen, Norton shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt Page 10 of 17 128 requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR ALLEN, NORTON: Allen, Norton & Blue, P.A. 324 South Hyde Park Avenue Suite 350 Tampa, Florida 33606 ARTICLE 12 MISCELLANEOUS 8.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms ofthis Agreement. 8.1 COMPLIANCE WITH LAWS Allen, Norton shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. Page 11 of 17 128 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Allen, Norton elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 12.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter ofthis Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a part of this Agreement. Page 120f17 ""-., D~E!!":~~~o'8 ~~__,:'(\ --,' J>, _ :..':'..~~"-,. "T""l>S"'; -, '. "'. ; ;-:M.' ~~".',l'. ',~ '. l;"': ::owiG' E.IlROCk, CLERK 1- "',.-', ""-, '"I . ""'C . "',' '; I.' -$')'" ;' \M': L.. '\.., 3''''1 oc, , ~,~ to o.~.... . 'IWI'lllt.... _h. Approved as to form and Ie suffi enc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~iu . By' ~ . TO lNG, HAIRM~ S tt R. each Managing Assistant County Attorney ALLEN, NORTON, & BLUE, PA DATE: Bi~/~/~~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Retention Agreement was acknowledged before me this;l.'/3"<<day of r::E-Bf!-u-f\l2.y ,2008, by MALI< LFV,rr- as <v.JAkl-fOI-{)=/l. of Allen, Norton & Blue, P.A., a Florida Professional Association, on behalf of the professional association.@he is Grso?ally kn~o me or produced as identification. ~~~".^~ Signature of ot Pubhc ~1Yl0FP~ (YJAY.:'Or-J Name of Notary Pu ic typed, printed or My Commission Expires: Q) KIMBERLY MAXSON "'i CommIssion DO 698670 , ExpIres September 2, 2011 n BondlldThluT~F.......1OOo8I5-70111 Page 13 ofl7 J2p 128 EXHIBIT A For professional services rendered, Allen, Norton's fee shall be based on the hourly rate as follows: $220.00 per hour for services provided by principals and associates $ 95.00 per hour for services provided by law clerks & paralegals. Allen, Norton's fee shall not exceed $100,000.00 per Purchase Order without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Allen, Norton.) In the event that Allen, Norton is required or requested to perform any additional or extraordinary services not herein contemplated, Allen, Norton shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance in writing by County in its sole discretion. Allen, Norton shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Allen, Norton shall provide said response within 30 days of receipt of the request. NOTES: . Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 14 of 17 128 EXHIBIT B 1. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Allen, Norton for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses (with lodging expenses no greater than $150.00 per night) incurred in accordance with the requirements of Chapter 112, F.S. Allen, Norton shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Allen, Norton shall submit invoices on a monthly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REOUIREMENTS The following represents Collier County's payment requirements for legal costs }- Your federal employee identification number must be on all invoices submitted. }- The applicable Purchase Order number must be on all invoices submitted. }- No service, interest, or other charge oflike nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. }- Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. }- Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Allen, Norton for retention and utilization of sub-consultants. Page 15 of 17 12n >- Reimbursable expense must be verified by attached receipts or copies thereof. >- Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. >- Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than $150.00 per night. >- Car rentals required for travel should include compact or standard-size vehicles only. >- Common carrier travel shall be reimbursable at tourist or coach class fares only. >- Accounting Division requires original receipts, or copies ofreceipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. >- Faxes shall not be reimbursed >- Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. Page 16 of 17 128 EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: 1. has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copIes $ Mileage: miles $ OTHER (Copies of invoices required): Long Distance Calls $ Other: $ TOTAL: $ FOR THE FIRM Signed: Print Name: Title: Date: 04-COA-OI1581792 rev I Page 17 of 17 'J/ " J ~, i1 (~ k'-' ~/ MEMORANDUM Date: February 21, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08-4197: "Nuisance Abatement Services" Contractor: Ecosystems Technology Attached please find the original contract document, as referenced above, (Agenda Item #16A6) approved by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you. Attachments ITEM NO.: 0t'. VUrDO~l8' .::'.{~,L ;~:t." \ >:":.t~, I '...:::'1- t'i'-Ti""\C~,l~.\, ,," '11.1 \" ," \ I' " 11", \ ~' "~, I : \ '...-" DATE RECEiVED: 16A 6~ "."'J'.~ >" " ',: \. ( \ ':' ;',r!; -~ FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 14,2008 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: Contract #08-4197 Nuisance Abatement Services Contractor: Ecosystems Technology BACKGROUND OF REQUEST: This contract was approved by the BCC on February 26, 2008; Agenda Item 16.A.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. Ifthere are any questions concerning the docwnent, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 3/!1If)r-tR~p- cJujeJJrr;@ C/~~ o z,"f -;... MEMORANDUM TO: Jeff Walker Risk Management Department FROM: Brenda Brilhart Purchasing Department DATE: March 14,2008 RE: Review of Insurance for Contract No. 08-4197 Nuisance Abatement Services Contractor: Ecosystems Technology, Inc. 16A 6~ This Contract was approved by the BCC on February 26, 2008; Agenda Item16.A.6. Please review Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8446. ~eL 7f;;11/"- 16A 6~ A G R E E MEN T 08-4197 for Nuisance Abatement Services THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Ecosystem Technologies, Inc., authorized to do business in the State of Florida, whose business address is 2223 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 26, 2008 and terminating on February 25, 2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn services, as Primary awardee, and invasive plant removal and additional services, as Secondary awardee, in accordance with the terms and conditions of Bid #08-4197 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Page 1 of6 16A 6~ 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ecosystem Technologies, Inc. 2223 McGregor Boulevard Fort Myers, Florida 33901 Attention: Jim Walsh, Vice President Telephone: 239-337-5310 Facsimile: 239-337-4494 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of6 16A 6~ effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 of6 16A 6' Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #08-4197 Specifi- cations/Scope of Services and Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. Page 4 of6 16A 61 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. Page 5 of6 16A 6 ~~ IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTESI' ",q > ' Dwi ,: \ E.' Br'6~'f<;, ~lerk '~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B)"1 Datea: . Attest ,'f'&\~i~ Slgft.~~}~ c'/" s - .1')' " h- 'I:f"C.-." ~t . By: _ T mg, ai;ma~ Ecosvstem Technologies, Inc. 11 rL 117" we~1 L-. By: Fir\;t W'tness &>\ l\~ ~~ob-=o() tTypejprin itness namet ~ Qo.. Ku..A. f'J--.- Second Witness ~\c:\ (y\. :::TC'N/..S, -:rC) 't'~ld-u..t Typed signature and title Cha.rl~ 1I\.P. ~ u'mplo-. tTypej print witness namet Approved as to form and legal sufficiency: Print Name Page 6 of6 From: (941)747~9946 To: 1239~337~4494 Page 2/2 Date 3/10/2008 11 :0337 AM 16A 6 ~,'~ ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDlYVVY) 3/1012008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10002752 I PRODUCER Risk Concepts Corporation 410 43rd Street West Suite N Bradenton, FL 34209 Phone 1~877~746-2209 INSURED Administrative Concepts Corp 406 43rd Street West Bradenton, Fl 34209 INSURERS AFFORDING COVERAGE Insurer A: S~uthem Eagle Insurance Co Reinsurer B: _L1oyds of london Reinsurer c: Aspen Reinsuran~"~_ Reinsurer D: Max Re Bermuda Re:inSl.lrer E Odyssey Re NAIC# AA-1122000 ., m AA..:~gO~37 ~ " ,u~~:l.~90829~__ 23680 COVERAGES THE POLICIES OF' INSURANCE LISTED BElOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTiFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI-lE TERMS. EXCLUSIONS AND CONDlTIONS OF SUCH POLICIES. AGGREGATE lIMlTS SHOWN M.A.Y HAVE BEEN REDUCED BVPAID CLAIMS. iNSfi~~'l:::::~~~::-'"^,"-,cmM~'~"E~~,B,~L'-'-'WO-E-'-Ee- ^,- "'-8',,'j-,U u ummu~;~;,;;~~;;;;;; mmm mp;?}~EFFEct"iVEP1iDCY~ifj,~jij;N=~H~~u~~R~~~~ u~;~;;~~uuuuuuumuuuum " ".'. ,_ ' .:ii'~:;'j.:GE.-nrRE:i\::.fOi:5 .m.. .:~8:_:;'_~J~I;;..~_[f;_:;,_l!s:?).r_"L'L~~)___ ~ :-----r---j G.!\llvF, :...lKJF 0 CCCIJR I tj-~"- i_0f~':- ,tJ" GGR,'F. i(';A:rf.I.I~ IT :'''F;'=:I.:f.~ PF.R : ! f','q.ICY 1 PfP-i I i I.'JC \_r::1ii'2,.;,r'i~!,lipnr'>Olll PSf<S~~.tl!,,':".~.J\Q\~~:J..J_IE(~ .!.._------ --- GEN~~AL AC"~-:,p~:,':':'_!_~.____ PR,~;,)IJC'S. ,-;c-"t.p/,' p ~.Gc, ~ : II,UTOM08lLE LIABILITY :~1 H"r-,YAI)FJ i ~-j N I. O'M,lfD /\UTQS I ~..mj SCHF.['~ILF.r-",UTOS I ,_++_ j ~IPFn,\IIIOS I J ~:~~~~~~'mTOS _..no I W__.uuu U____U_) I : GARAGE U....BILl1Y :---1 W ANY Al'F' i i I I i , I uul i i :C'i.-l8INE2>3IN(;.LE 1..IMf;" "_''1 "'cCljl"~f , i I , , I i I u____J I I I 30f)IL'{Il':_::)R'1 "ft;:;-"r:;,."'" 800ILll/':,'UR', ("S' "',.cld<j~l) PR0?Ei'n " Df,~lI,GE (PS'f!C"iri.,"J) ~l.~.g.0~~--=----!:,:~,::"~-:ClDt:::1T ~~ EAI>.CC S _ ~u _u.____u_ J1Y-lEF\~J\,N Aln,~ l'Nt '( : EXC=sStUMME:lLA LIABIliTY ~ ("',"..-.UR 0 ClAIMSMA[of. (-J ,'fJ.1I)(~1't81. F~ : ! :<fTf.l\:TIO~1 (CAer CC(:URRF.t~(f AGG S , , c------.-.-- .1____ A WORKERS COMPENSAnON AND E:MPlOYBt$' L1A.81L1TY AW ;)RO~IETOR,'PARn.;;::R/E;0CUTIVE Oi=f::::F.R,~8v1fifR F:<CI.ti"fO" H yl;~_ de~Ci;h", ""'.~<ii SP.:;CIAL PROVl3iONS 1),,:'1'" OTHER Workers Compensation Excess Coverage I ',~,f:~-1tJ,1'1 1._1 ..)TH, _~.__J~Q.E?Hr:,ll'r.s_L__..l_E?. uu ....................um..._ .fc.~u~::~::.~~.s:.I.~!'!T.....un... L.LQQQ.O.Q.Q_...umun "L.OI~V~"E E.J\EMPLCtYE $ 1,000,000 ::: L. DISl::A.3E . "":<l.ICY UMIT l 1,000,000 Please note that Southerri Eagl8 Insurance Company has relnsur~o ItS ~1~lIities In excess 0 , unaer me po ICles 01 insurance ~sted above with underwriters listed A- or better at the time of placement of such rensurance. Such reinsurance are subject to their own terms, conditions and limin. This is for informational purposes and netting herein shall create any right under such reinsurances. 1/112008 i I I WC0272682-00 11112009 BC DE oeSCRlPnON Of OPERATIONS I LOCATIONSlveHlCLES !EXClU$IONS Aooeo ~ ENDORSEMENT 'SPECIAL PROVISIONS Coverage is extended to the leased employees of alternate employer (Florida Operations Only): Ecosystem Technologies Inc Effective 7/22/2002 021900 DISCLAIMER: This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polcies listed thereon, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF'TH:: ABOVE OE;SCRlBm POLlOES BE CANCELLED BEfORE l"HE EXPIRA. TION Collier County Government Steve Carnell, PurchasinglGS Director 3301 E Tamiami Trail Naples, Fl 34112 DATe: ThleREOF, THE ISSUNG INSURER WILL ENDE....VOR TO MAIL 30 OAYS WRITTFN NOTice TO THE CERTIfiCATE HOLDER NA.MEO TO THE LEfT, BUT FAILURE TO 00 SO SHALL lMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSLRER, ITS AGENTS OR REPRESENTATIVES. AUTHORlZeO REPRESENTATIVe ....--.. Fax# (941) 252-6584 ~..>-.-'-. ... @lACORDCORPORATlON 1988 ACORD 25 (2001/08) This fax was sent with GFI FAXmaker fax server. For more information, visit: http://VY'\'WV,gfi.com From:ALAN WILLIAMS @ ASSOCIATES 239 418 1164 03/10/2008 15:20 #647 P.QJh~IJ\ 6 ACORQ,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/VYYYI 03/10/2008 PRODUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alan Williams & Associates Inc. #1 OHL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13700-1 Ben C. Pratt/ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Six Mile Cypress Pkwy ~yers, Fl 33912 INSURERS AFFORDING COVERAGE HAIC# INSURED Ecosystem TeChnologies Inc. INSURER A;. Ohio ~sualty Group 24074 2223 McGregor Blvd INSURER B: --- .._~ Fort Myers I Fl 33901 INSURER c' --- INSURER O. -- INSURER E ,..nucRA"ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF N4Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POUCY EXPlRATtON'---------- - ~- I!'I!! ~!!.!!: - POLICY EFFECTIVE - TYPE OF INSURANCE POUCY NUMBER UMITS ~ERAL LIABILITY BK052666540 10/16/2007 10/16/2008 EACH OCCURRENCE ~- 1,000 001 X COMMERCIAL CENERAlUABILlTY ~~9E TO RENTED" - . 100 00 I ClAIMS MADE [K] OCCUR MED EXP (An~ one persoo) . 10 , OO( A .x Contractual liab. PERSONAL & ADV INJURY . 1 OOO,OO( - GENERAl AGGREGATE S 2,ODO,OO( ---.-- ~:_ AGGREGATE LDIIIT APPLIES PER PRooueTS - COMP/OP AGG S 2.000,001 ,nPRO- nl POlICY JEeT LOG ~TOIIOBlLE UABIUT't' BAW52666540 10/16/2007 10/16/2008 COMBINED SINGLE LIMIT . X ~Y AUlD (Eaaccident) _ 1,000 OO( f'-'- I-- --~--- f-~ ALL OWNED AUTOS BODilY INJURY . SCHEDULEO AUTOS (Per pertiOll) A "- f--- ------ --~ "- HIRED AUTOS BODilY INJURY . NON-OWNED AUTOS (Peraccidenl) f--- "- PROPERTY DAMAGE . (Per accident) RRAGE LlAlllUTV AUTO ONLY - EA ACCIOFNT . ANY AUTO OTHER THAN EA ACe . AUTO ONLY AGG S EXCESSlUMBRIW.A UABUTY ~~H OCCURRENCE. S r:r OCCUR 0 ClAIMS MADE - - AGGREGATE S S -----. R DEDUCTIBLE ~~ S RETENTION . S WORKERS COMPENSATION AND we STATU- IOTH- EMPLOYERS' UABlUTY -- ANY PROPRIETORlPARTNERlEXECUTWE El_ EACH ACCIDENT S -- OFFICERlMEMBER EXCLUDED? E,l DISEASE - EA EMPl.OYE S ~~~~I~~~NS billow E,L DISEASE - POLICY LIMIT S I.P.!H" BK052666540 10/16/2007 10/16/2008 See poliCY schedule A ~?mmercial Property & $250,000 Value Rented/leased IJ,nland Marine $500 Deductible ~RIPTlON OF OPERATIONS I {OCAT1ON81 VEHICLE81 ~CLU.ION. ADDED BY ENDORSEMENT 18PlQAL PROVaSIQN8 o lier County is ncluded as ad itional insured with respect to General liability. C Collier County Government 3301 E Tamiami Trail Naples, FL 34112 SHOULD ANY Of' THE ABOVE DESCRtBED POLICIES BE CANCELLED BEFORE THE EXptRATlON DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAlL -12- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO MAIL SUCH NOTICe SHALL I"POSE NO OBLIGATION OR LIABlUTY OF ANY KIND UPON THe INSURER., ITS AGENTS-OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .... Jeff Wi 11i ams ACORD 25 (2001108) FAX: (239)252-6584 ~ :; steve- Co-v rLe. (I -_~~"'-UlU~'. -. -.'- 16A 6"~ MEMORANDUM Date: February 21, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08-4197: "Nuisance Abatement Services" Contractor: Environmental Mowing, Inc. Attached please find the original contract document, as referenced above, (Agenda Item #16A6) approved by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you. Attachments ...--_.._--_._,-~.,~"-~_..._.. ......-----..-"--,,--.--. ITEM NO.:o& -I?tc- Dr.8?:,O 16A 6~ . J,'" ,._ . " i~'..-P 1\ ~::~~ f '. '; I ) h J II \'1, '1)1r."IC:"\, J, \;_ I DATE RECEIVED: ?-,1'"IP 't ' ~',,: ':-':,20 ,. '-"1 ',f" I.):, FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 19,2008 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: Contract #08-4197 Nuisance Abatement Services Contractor: Environmental Mowing, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 26,2008; Agenda Item 16.A.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the docwnent, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 3/Jo/15 y -~ T d.uJdJ tf-'Y~.fi:) c.v~ "3- ~'1_i}Fr 16ft, 6-' MEMORANDUM TO: Jeff Walker Risk Management Department FROM: Brenda Brilhart Purchasing Department DATE: March 19,2008 RE: Review of Insurance for Contract No. 08-4197 Nuisance Abatement Services Contractor: Environmental Mowing, Inc This Contract was approved by the BCC on February 26, 2008; Agenda Itern16.A.6. Please review Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8446. ~ 1/ :>/z... () I' 't 16A 6 A G R E E MEN T 08-4197 for Nuisance Abatement Services THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Environmental Mowing, Inc., authorized to do business in the State of Florida, whose business address is 445 - 18th Avenue SE, Naples, Florida 34117, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 26, 2008, and terminating on February 25, 2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide invasive plant removal and additional services, as Primary awardee, in accordance with the terms and conditions of Bid #08-4197 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Page 1 of6 16 l~ 6"~ 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Environmental Mowing, Inc. 4145 -18th Avenue SE Naples, Florida 34117 Attention: KennethJ. Parker, President Telephone: 239-825-4321 Facsimile: 239-455-2777 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, FS., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal Page 2 of6 16A 6'~ ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Page 3 of6 16,A 6 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shaH not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #08-4197 Specifi- cationsjScope of Services and Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, andj or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andj or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andj or Page 4 of6 16A 6' quotes; and, c. immediate termination of any contract held by the individual and; or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and; or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. Page 5 of6 16A 61 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Bt: Dafoed: Atteltl~~- ~ 1 OIlaturt Ofll. ;;;,~", BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . Environmental Mowing, Inc. Contractor aM~L<- lu t-I-<-. . First Witness By: ~J,a~ C RIST/j\,A M Y;1i2kr?K. tType/printwitn7t J'Jtc--z..-~2A . Second Witness f<ENf'/ETH J Pi..JRkt(2 .PRc3//Jt.IJT Typed signature and title flMfj]YV H kj}!/rA/ tType/print witness namet Approved as to form and legal sufficiency: ~ Print Name Page 6 of6 03/17/2008 16:22 FAX 2393483994 CARR AND ASSOC 16A 6 1ili002 THE POUdES"O ANY REQUIREM MAY PERTAIN_ T POLICIES.. AGGR INSR Alll)'L -. GENE Oco DC! A 0 0 0 G~N'L o PO AUTO =:J A LJ A 0 '0 s 18 H N LJ - -- --.- D_ OARA 0 18 , , .XCE 0 0 0 0 0 10 R WORKERS C - EMPLOYERS' A ANY PROPRI OFFICER 'ME If yes, describe SPEQ.!AL P~Q OTHER ?~".~~~,ERTIFICA TE OF LIAl,l~ ~,-,-, ~~T~I'!, ~ 15,,'~s~Ets A"MATT, ,E, R"O, [,F, I:~~,~,~r""i-~~~ '_-1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I 4735 Santa Barba,. Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , Nap'.'. FL 34104 __ AL TER TH!"J:;OVEBI\.G"__;~FORDJiQJ)' TI:lE POlICIE~ BEL_OV\[.__ ,____ Phon. (~39)348:35~__ Fax (239)345-3994 IINl!l,I~S_R_S AFFORDIN~~OVERAGE__ _ I NAI~_#__ t. . . lNSURERA: First Commerciallnsul'ance Co. INSURED Environmental Mowing mc ~S~;~R5: - -, ' -- - ---------- ---"- 414518thAveSe ]INsuRe~c:-:=~ ------ NAPLES, FL 34117- 'INSURER_D ___=---________ _ _I _ ______ ____ INS~,RER ~'--____ _________, COVERAGES INSURER F: F INSURANCE L.,ISTeO HAVE BEENI'SSUED fa THE INSUREO NAMED ABOVE FOR THr! POLicy PERioD"iNDICATE;O. NOTWITHSTAND1NG- ENT, TE~M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WliH RESPECT TO WHICH THIS ceRTIFICATE MAY BE ISSUED OR HE INSURANCE. AFFO~DED BY THE POllC1ES DESCRI8ED HeR~IN !S SUBJ~CT TO ALL THE TE;RMS. EXCLUSIONS AND CONDITIONS OF SUCH EGAn. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, .TYPE OF INSU....;.CE~~~LI~~~~~~"~ IP~~V~~~~E ~~ff.;~:;::r~lN ---------- RAL LIABILITY MMERCIAL Ge.N~AAL UABILITY CLAIMS MADE D OCCUR LIMITS ...,--.-- ~ EACH OCCUFt~ENCE =t DAMAGE TO RENTED -- !_~!;MISES_tEa. oCCUJ~~L _ __ ~~_ EXP (Any ?~~person) _ __ ___".. PERSONAL & AOV INJURY --- -- - -- GENERALAGG~EGATE __. 1 I_:ODUCTS. C:~IO:~ ___ , COMBINEO SINGLE LIMIT I ,~~~!~~dl:n~~RY- ----".. W!r per!Q!!L_ BODILY INJURY , ::~.:~~t~AMAGE ".,-~-..-. (PerlaCCident) AU1-0 ON_~Y~-~A- ACCIOEN!, '" "_ .~. OTHE;R THAN EA Ace __~~T~?~~_.. _..-~GG-~' ~. EACH OCCURRENCE -.-. ---- AGGRI:GATE AGGREGATE LIMIT APPlll:;S PER: L1c:Y 0 PROJE~P LOC __. MOBILE L.IABll.ITY NY AUTO Ll OWNED AUTOS CHEDULED AUTOS IRED AUTOS ON OWNED AUTOS GE LIABILITY ANY AUTO SSIUMBRI!!LLA LIABIUTY CCUR 0 CLAIMS MAOE eOUCTlBLE ETENTION $ O~:I~~TlONAND--- TBD 03/17108 03/17/09 -n1:'S:~~SI~~w.s :0 ~BH~ _ IITOR I PARTNER J EXECUTIVE _ E_~ EAC!:, AC~~~~~ _ 500,000 MSER EXCLUDED? Yes I ' n. OISEAS". EA EMPLOYEE 500,000 . _ __ ___ ~1~~NSbeIOW L__ _ _____J ------- ~~_ ____ _ I n'~I~~ASE~POl'CYL",,~T ---- 500,000 I DESCRIPTION OF OpeRATIONS I LOCATIONS I VEHICLes I E"ClUSIONS ADDEO ay ENDORSEMENT I SPECIAL PROVISIONS C'" "","'" ""." 0" C,.U", M ".., CERTIFICATE HOLDER CANCELlATION Collier County Government Center Purchasing Department.Purchasing Building 3301 Tamiami Trail East Naples, FL 34112 I ACORD 2S (200ii05) -ell'" SHOULD ANY OF THE ABOVIf DESCRIBED POUCIES aE CANceLLED BEFORE THE EXPIfU.TION DATE TltEfU!OF, THE I$SUING INSURER Will ENDeAVOR TO MAil 20 CAYS WRITTEN NOTICe TO TME CERTIFICATE HOL.OER NAMeD TO THE LEFT, BUT FAilURE TO 00 $0 SHALL IMPose NO OBL.rGATloN OR LIABILITY OF ANY KIND UPON THe INSURI!R, ITS AGENTS OR REPRESENTATIveS. - . "-.-.------.---. ........--..-- AUTHORIZEO REPRESENTATIVE; _.L . :oV'- . ." - 'i;j)ACORO--CORPORATION1955 CARR AND ASSOC Sander'S ~ax 10: Olson & DINunzio InS" 16A 6 141003 03/17/2008 16:22 FAX 2393483994 Date; 3/17/2008 03:54 PM Pagl!l Z af2 CERTIFICATE OF INSURANCE rho canpany lndioated below cortifies that tho 1nsurance afforded by the pOlicy or policles numbered and described belew'is in force as o~ th~ effective dat~ of th1s cert1f1c~te. This Certificate of Insurance do~~ not amend. @xtend, or otherwise alter the Terms and Cond1tions of Insuranc@ coverage conta1~@d in any pol1cy numoered end described balow. CERTIFICATE HOLDER, COLUER COUNTY PURCHASI~G DEPT 3301 TAMIAMI TR E NAPLES, FL 34112 INSURED, ENVIRONMENTAL MOWING INC 4145 18TH AVE SE NAPLES, FL 34117-9175 I I I I I I I I I I I I I [ J other Liability I I I I I I , I I I I I [ ) Umbrella Form I I I I I I I I Should any of the abOve described policIes be cancelled before the exp1rat1~ date. the insuranca company will mail 30 days written not1c~ to the above na~ed cert1f1cate holder. I TYPE OF INSURANCE I LIABILITY I [Xl Liab11ity and I Medical Expense I [X] Personal and , Adv~rtis1n9 Injuryl [XJ Medical E<pen.es I [Xl Fire Legal I Liability I I I I I I I I I I I I I I POLICY NUMBER & ISSUING CO. 77-AC-826130-3001 NATIONWIDE MUTUAL INSURANCE CO. I POLICY I POLICY I IEFF. DATE IEXP. DATE I I 0[-27-08 I 01-27-09 I I I I Any One Occurrence__...___ I I I I I I I I I I I I I I I I I I I I I I I I I I I LIMITS OF LIABILITY (~LIMITS AT INCEPTION) I I I $ 1.000.000 I I I I 5.000 r 100.000 I I 2,000.000 I 1,000.000 I I I I I I I I I J I I I I I I I I I I I I DESCRIPTIO~ OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL !TEMS sn:VE CARNELL CERT HOLDER AlSO LISTEO AS AOOlrIONAL INSURED Any On. Person/Org _.... _ _ I 1.000.000 ANY ONE PERSON _.......... $ Any One Fire or Explosion $ ~en8ral Aggreg~te~ ....... $ Prod/Comp Ops Aggreg~te* . S AUTOMOBILE LIABILITY [ J RUSINESS AUTO Bodily Injury (Ead, Person) ........., 1- (Each Accldont) .__..... I Property Damage (Each Accident) ........ I CQmblned Single Limit .... I [ 1 awned [ 1 Hired [ ] NOn-owned EXCESS LIABILITY ~ach Occurrence .......... $ Prod/Comp Ops/01sease Aggregate* ..._....~__.. S I STATliTORY L1MlTS I BODILY INJURY/ACCIDENT _.. $ J Bodily Injury by Diso.se I EACH EMPLOYEE _....____. $ I Bodily Injury by Disease I POLlCY LIMIT ........ _ __ $ [ J Workers' Compensat1on and ( ] Eilip10yer.' L 1abll1ty Effective Date Of Certificate, 01-27-2008 Oate Certificate ISSUed, 03-17-2006 Authorized Representative: PHIL DINUNZIO Countersigned at, 2536 NORTHB~KE PLAZA OR NAPLES. FL 341)9 Mar,I8, 2008 9: 12PM No. 405~ 9 ~I 6 ACORD :;;,.~..,..,.,..~,;O;--"l'-:-,,,,,......,...,--rrr~r">~~"'l-'''''''~'''''~':::'f.''J1'':'!;;;.''''r"7':1fJ11">;!f'' ',~''''~ '~'".'ltP 1.., . J. ;;I'~ -<. ~., _' J',;' "'.. ."_"_'>::l.~ :o!P, '.' ~'If'\ ~,~.~'~""1;",1 ;o;,~J .'" ,~~w)'~.... .~_ _ ."J',l""~'\ .~.#..~,~~"". l~~.:.- i'I.:"~ "~'-U" J 1- \~,:, f_ '0 JE':'-.(:.'.d..k.b..p,' ""S'- ':1..'-:,' iU,.1"'lf'Vt~1~"-""","1 2E~j.:~:;~~{['" - ~:;~.':, "';;~L~__:~.,~'-J~ __';;~~\d:;;:....~~t:iL,!iJ DATE (MflNDDfYY) pAoovei:R Steve Roe Allstate Insurance Agency 5628 Strand Boulevard, Suite 2 Naples, Florida 34110 Phone 239~593.7333 Fax 239-593-7334 Toll Free 677-744-11;176 3/1812008 THIS CER,TlFICAU IS IssueoASA MATT1!!ROF INFORMATION ONLY AND CONFERS N RIGHTS UPON THE CERTIfICATE 110LDER.. THIS OEftTlf1CA.TE DOES NOT AMEND EXTIiiNP OR ALTeR THE COViiilVoG5 AFFOR:tlW BY THliO pOl.IClea BE;:I,.QW. COMPANIES AFFORDING COVERAGE COMPANY ALLSTATE; A COMPANY . COMPANY C COMPANY D p. ~ , TI-lIS IS TO CiORTIFYTHAT THE POLtCIES OF INSURANCE LISTED BELOW HAVE BEEN 155UEOrO!HE INSUR6D NAMED ABOVE FOR n-lE POLICY PE.RIOD INOtCATEO, NOTWITHSTAI>{DING ANY REQUIREl\llENT. TEFl;M bR CONOITION QF: ANY CONTRACT OR OTHER DOCUMENT \NrTH RESPECT TO WHICH THis CERTIFICATE MAY ElE 16SUED OR MAY PERrAlfII:THE INSuRANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE rl!.RMS, EXCI..IJ$IONS AND CONDlTloNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE. BEEN REDUCED B PAID CLAIMS ,"'!lURED KENNETH PARKER 4145 18TH AVE SE NAPLES FL 34117 00 on 'NpeOF,N~URANCE l'OI.lCyNU....~R PQ\'CYijF\"IOCl'M: lIOl'~Y~"''''M.nON LIU.r!I DATE(~WOOIYY) o.o.~(M~ GENI::R.AI,....GCR.E~TE PROouCTS - eOMPIOP ~EFI,80NAL&ADV INJUR EACH OCCURREr>lCE! FIRE DA"IAGE: (Iv"y~. MED EJo;P (AnYONlp<l<S'al) 3880785127S 3/18/08 3/18/09 COMBINEO SINGLE LIMIT 2005 DRJ500 VIN-22166 eODlLYINJUR'T' $500.000 I $500,000 (P....~r"'D"'Pllrllodlk\rl!) GeN'i:RAlllQ'''11Y X CO?,\MeRCIAl GEfIIEAAl "un' CLAIMS MADE Do<:cul'l OVI'NCR'S" COlllrntlCTORS PROT AUTOMOBILE LIABILITY ALLSTATE A)('("UlO AlLOWNEO^UTOS X SCHEOULEDAVTOS HIRED AUTOS PROPER.TYDi'!.1AGI:: $500,000 . NON-QWNEO ....UTOI;I UEOICAL PAY!oENT $5,000 GARAGE UA8l11lY AUro ONLY. EA ANVA,UTO OTHER THAT AUTO EACHAG'GIDENT AGGR.EGA.TE EACH OGCURRENCE UMOOELl.}.. FOR~ AGGR.EG^TE OTHER THAN lJMBRELL1\ WOftKERS COMPeNSAflON AND EMPLO'wl!RSllAllILI1Y TIlEPROPRIETORI PAR.TNERS/E}(ECUTIV EOFFICERGARE:: OiliER \Net. El D1&:ASE - POLICY '^cc 6~1)IIOEA6E-EA DI!.SCRIMIOt>l OF oPeR.ATIDN!tILOCAT10NBlVEH1GLEWliPEGiAL lTEMli COlliER COUNTY GOVERNMENT IS liSTED AS 80TH A CERTIFICATE HOLDER AND AN ADDITIONAl INSURED FOR THIS POLICY. . COLLIER COUNTY GOVERNMENT 3301 E TAMIAMI TRAIL NAPLES, FL 34112 ATTN BRENDA BRILHART 5HOULO AtN Of TI-lIi ABOVE OIi.SCRIBED POLICIES BE CANCELLED BEFOfUi IHti: EXPI~TlON DATE THER.EDF, THE ISSUINO COMPANY WlL.l.. ENOEAvOR TO MAl 3~ DAYS WRITTEN NOTICE TO THE CERTlFJCI\TI; HOLO!;R. NAPJIED TO THE LEfT. BUT OOLURE TO MA1L3IJCH A NoncE $1-lA,LL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UNN tHe OOMPAI\IY, ITS; AGENTS OR REPRE3ENTATNE3. AurtlOltIZEDREI"FlEe.EHTATIlIE 1616 I~~ MEMORANDUM Date: February 21, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08-4197: "Nuisance Abatement Services" Contractor: Environmental Mowing, Inc. Attached please find the original contract document, as referenced above, (Agenda Item #16A6) approved by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you. Attachments 16A6 A G R E E MEN T 08-4197 for Nuisance Abatement Services THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Environmental Mowing, Inc., authorized to do business in the State of Florida, whose business address is 445 -18th Avenue SE, Naples, Florida 34117, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 26, 2008, and terminating on February 25, 2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide invasive plant removal and additional services, as Primary awardee, in accordance with the terms and conditions of Bid #08-4197 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Page 1 of6 16A6 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Environmental Mowing, Inc. 4145 -18th Avenue SE Naples, Florida 34117 Attention: Kenneth J. Parker, President Telephone: 239-825-4321 Facsimile: 239-455-2777 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal Page 201'6 16A6 ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Com{'ensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Page 3 of6 16A6 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #08-4197 Specifi- cations/Scope of Services and Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or Page 401'6 16A6 quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor 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 US.c. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. Page 5 01'6 16A6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ct.I'.lLJP ". " AT~tiST: ' " '/ ~ight ID ~~!",ii;.C~C=,t" ... .,- ~', ~ J?y::' ) ~"~ ' "/ .~ t AtttIt. ( ..'..... . s 1 Qilat..... ' <Mt 1 . <<"/2/1 C~~ l.(.::/ ,~l-t-........ t_l j(/I.-.......(...r.... First Witness (J r< I snit":) M, /j; K k: c''R. tType j pri~lt wif!;tne~spame t /1 J--:-c ~ 4-;7 . / 0-L~ . , '/ / _ _ I - Second Witness /J1J9m.1/ f} kIJL/~-yJ , tTypejprint witness namet Approved as to form and legal sufficiency: Print Name Page 6 01'6 By: Environmental Mowing, Inc. Contractor By: ~/h/n~ftl' 124- SIgna re kt--tJNU!-I"T, r~;:}koc '^J.f:"SIMd7. Typed signature and title .....-"""L ACC7>RLI ,.... ~ oa/17/2008 16:23 FAX 2393483994 CARR AND ASSOC ~002 CERT.lfIC~TE OF LIABILITY I~.~URANCE .__._~~F, THIS CeRTIFICATE IS ISSUI!D AS A MAnER OF INFORMATION ONLY AND CONFBIU NO RIGHTS UPON 'Ill. CERTIFICATE ~ HO~DiR. TtlIS ceRTIFICATE DOES NOT AMl!ND, eXTEND OR ,..F'~ (~~~)~48:39Q4, ",. . ~N~~~:~~j:~~~~~~~v, ~:::=~',II:Y TH.E ~~L~\~;~~OW' """ ~!!Mll.A: First Comm.~!~j!l.I,I.!l!,!rance Co. ,'. "__ INSURED Environmental Mowing inc 41461Slh Ave Se INSO..!ml&_...__ IN U~ER <;:..__.... ..". ' NAPLES, FL 34117- IUS I "',," , IN.!1!i.~_E: COVERAGES INSURSR F: . THE POLICIES OF INSURANCE LISTED HAVEBEEN ISSUED TO THe INSUReD NAMED A80vi FOR THE POLICY peRIOD INDICATeD. NO'IWITHSTANClNO--'-"- AKY IIIQUIRE!.IENT, TERM OR CONDITION OF fUlY CONTIlACT OR OTHER OOCUMENT WITH REspeCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFPDRDBD BY THE POLICies DBSCRIBED HEREIN IS SUIlJECT TO ALL THE TEIIMS, eXCLUSIONS AND CONDITIONS 0' SUCH POlJCIES,:.. AIJGREGATB LIMITS !lHOWN MAY HAVE.S!,EN. R!'DUCED IlY PAID C,-!\!M.~, . .._..., '. 1N8R ADD'L POI.IeV 1lFF&CTlV~ POUCY IXftIMTlON T't!~~ OF INsuRANCE POLleY NUM~ER ~YI M~, . ..!lATE (MMlDDN'Y~ UMfT'8 OENERA~ UAIlILITY EACH OCCURReNCE o CD...-rERCIAL GeNeRAL LIABILITY i5Ali!AGE TO ReNTED -" '~.. P.,REMISES l~ "CCIl_) _.. , A 0 00 CLAIMS MADE 0 occu~ M~!XP~"".p..""'.) ,'. .. . 8 _ 1:,:..,~,,~,,~,~~~",j::l,J,TE,~.:,.~,Go..".'.t-, "--._,., GEN'L AGCR!!2^TE LIMIT APPLies PER:' f 1-....: D.poLlCY U PROJECT..g LOC _ AUTOMOBU LIAJlIUTY o ANY AUTO o ALL OWNec AUTOS o 0 SCHEOULED AUiOS B HIReD AUTOS NON OWNED AUTOS o n PROOUC)!ll Carr (I A88oolale$ 4735 Santa Barbara Boulevard Naples, FL 3<1104 Phon" (239)348-3555 COMBINED SINOL.e: L.IMIT JEa "''''.,9"" BODILY INJURY (per ~.rson 80DIL V INJURY (Po, accIaenQ PROPe~TY DAMAGE 1P.!tocckl8nQ_._ AUTO ONLY :~ "C,CIDENT OTHER THAN ~ AUTO DNLY~.... ... A ,~~H OCClJ~!!~NC,~ '" AGGREGATE .'n..._.._....___....._ GARAGE LiAII'UTY o 0 MlYAUTO Q.. I/XCESSlUMBRIlLLA LiAIIlLITY o OCCU~ 0 CLAIMS MAOE o o DECUC118LE o RETENTION . ...-..,..- , woRKiRi'COMPENSATIONANO ,1.,----.. .--_. O.....-.......cr-- '.,. eMPLOYBR8'UAIIIUTY TBD 03/17/08 03/17/09 ,,:r.~Ii..ll?~s_ glr' A ON( PROPRIETOR 1 PARiNBRI EXECUTIVE ~,~~,~<<9.EENT_.....__ DFFICER/MIMleR EXCLUDED? Yes E.L9'!!..EASE,~EA .eMPL.O,'y~E tr)'8l. deearib& under - "',~ ~.RO\l)"SIONS boJow._.. ...__"_" ......." ...."".._-+~J,c~~.EI\SE, PDLI9YLlMIT .,. OTHIIR.._......, , .."..__....,.._....... ,..___... ,......_,_".,~........ DESCRIPTlON OF OPERATIONS I LOCAllONS I VEHICLI81 EXCLUSIONe ADDID BY eNDORe.MENT I specIAL PROVISIONS excluded Partners: Kenneth J Parker and Cristina M Parker 500.1.000 /lOO,OOO 5.0"0.oojl CERTIFlCATIi HOLDER -' ,'-"-'-' CA/oICI!~LATlON ...___ u. .... SHOULD /IoN'( OF THE ABOVE DI!SCRlII'" POI.ICIU Be CANCeu.ID a&'o~e THE IIXPIRAllON DATE THEREOF. THE ISSUING 1N8URIlIOI WlU. eNDeAVOR TO MAIL 20 DAYS \IIIRITTeN NOTIce TO THE CERTlFICATII HOLDER NAMED TO THEe LEFT, aUT 'A1~URE TO 00 SO SHAl.LIMPOSI' NO OBUGATlON O~ UAllIUTY OF ~V KINO UPON THllNSUReR,lTS AGINTS OR REPRESENTATIVes. . AUTHORIZED ..eltResENTATMi"-" . .. --_..... -" ..L . ~"- . ......... , -----."ilj'ACORDCOItPORA1'ioN 1988 Collier COunty Govemm.ant Cftnler Purchasing Oepsrtment.PurcI1aslng Building 3301 Tamiaml Trail east Niaple.. F~ 34112 . I ACORD 25 (2Uu1/ue) QF 03/17/2008 16:23 FAX 2393483994 ,,"IB: 3/17/2008 03:54 F'M CARR AND ASSOC Send..... Fox 10: OIoon a DitIkJn:tlo Ins ~003 16 fA (fDt'a8a., CERTIFICATE OF INSURAMCE The company indicated below C4!rt1ftes that the insurance afforded by the policy or policies nllllbttrQd and dllSc'ribecl b.low is in fore. lIS of the effective date of this certificate. This Certificata of Insurance does not amend. eKtend, or otherwise altor the TaMIlS and Conditions of Insurance coverage contained in any poliCY ntJllbered and deseribed bel arl. CERTIFICATE HOLDER, COLLIER COUNTY PURCHAsiNG OEPT 3301 TAMIAMI TR E "^PLES, FL 34112 I~URED: ENVIIlDNfolEHTALI<<lWING INC 414S 18TH AVE SE NAPLES. FL 34117-9175 I I POll CY NUMBEIl I POLICY f POLICY I LIMnS OF L1ASI Lln I I TYPE OF INSURANCE I & ISSUING CO. IEFF. DATE IEXP. DATE I (*lIMITS AT INCEPTION) I I LIAlIILITY I 77'AC-826130.3001 I 01-27-08 , 01-27-09 I I I [X) Liabil ity and I "^TlONWIOE I I I ~ One Occurrence,....... $ 1,000.000 I I Medl cal Upense I MUTUAL I I I I I [Xl Personal and 1 INSURANCE co. I I I Any One Person/Org '...... S 1,000.000 I I Advertising Injury! I I I I I [X) Mlldi ca 1 Expenses , I I I A~ ONE PERSON ........... $ 5.000 1 I (X) Fire legal I I I I Any One Fire or E>cplasion $ 100.000 I I It obi 1; t,y I I I I I I I I I I Senera 1 Aggregete* ....... , 2.000,000 I I I I I I Prod/Camp Ops Aggregate* . $ 1.000.000 I. I [ J Other LiabIlity I I I I I I I I AUT<Ml8I LE llA8lLITY I I I I I I r ) BUSINESS AUTO I I I I BodIly Injury I I I I I I (Each Person) .......... s I I [ l (),mod I I I I (Each Acol dent) ........ I I I [ ) H1red I I I I Property IlaItJaQo I I ( ) Non-(),med I I I I (Each AccIdent) ... ..... $ I I I I I I Combined Single Limit "'. S I I I I EXCESS llAllI LITY I I I , Each OCcurrence .......... $ I I I I I I Prod/comp Cps/Oiseas. I I ( J Umbrella Form I I I , Aggregate* ............. I I I I I , I I STATUTORY LIMITS I I r ) Workers' I I I BODILY INJURY/ACCIOENT ." S I I Compensation I I I BodIly Injury by 0lseas. I I end I I I tACH EMPLOYEE. ......... s I I [ ] Employers' I I I Sodily Injury by Ofsee.. I I Liability I I I POLICY LIMI'T ........... S I I I Should any of the aOove described poliCIes be cancelled before the DESCRIPTION OF OPERATIDNS/LOCAflONS e.pirat1cn date. the insurance canpeny wl1l ",,;1 30 dllY' VEHICLES/RESTRICTIONS/SPECIAL ITEMS wrItten notice to the above nen.d certificate hold.r. STEVE CARNELL CERT HOLDER ALSO LISTED AS ADDITIONAL I HSUREO Effective Oate of Certificate: 01,27'2008 Date Cartificate Is.uo<l: 03'17'2008 Authorized Representat1ve: PHIL DINUNZIO Countersigned at: 2536 HOIITHSIlOOKE PLAZA OR NAPLES. FL 34119 Mar. 18. 2008 9: 12 PM No.4059 l~f~~ ACORD ?:~~i~~ ~;::- ?"'~~:~~-"~1:7::7)~ ~~:i;:r':~:(.~~:.<J~~; .~~~. ,,'.r _ ,\", ". L ~l:..',l..j,_.4 -.,.-.....~.....\.;"';j".<_ r.1..U.'o ,"",j <>0 J. _:!>~ ".,. -'- :'.", _, ' ~ ~~~~"1..:."~.!.C.1:'-~~~~_~ DATE (MPNDDIYY} "AODveER Steve Roe Allstate Insulllnce Agenf;Y 5628 Strand Boulevard, Suite 2 Naples, Florida $4110 Pholle 2~g...593-7333 Fax 239-593-7334 Toll Free 677-744~167a 3/1612006 THIS CERTlF1CAU. IS ISSU&D AS A MATT5R OF INFORMATION ONLY AND CONFiRS ~ttTS UPON THE CERTIfICATE HOWER. THllS OEftllFlCATE DOES NOT AMI:ND lDCTEND OR IU.'TER THli c;:gVliii~= 1lFF0FtDEP DY THi POI.IOIE8 BEl..OW. COMPANIES AFFORDING COVERAGE COMPANY ALLSTATE A COMPANY . IH!I;URED KENNETH PARKER 4145 18TH AVE SE NAPLES FL 34117 COMPANY C COMPANV o THIS IS TO C~TIFYn1AT THE POLICIES OF INBURANCE LISTED 6EI.OVV HAVE BEEN ISSUED'J'O TH SUR NAME:OABOVE POLlCY PERIOD IN . TANDING AtfY "~QUIREMENT. TeIUol bR CONDITlON OF ANY CONTRAcT OR OTHER DOCUMENT VIIITH RE5f'ECT TO WHICH THis CERTIFICATE MAY BE leaUED OR MAY 1'ooAII\I- THE IN&uRANCE A~~OR:DED BY THE POUCIES DESCRIBED HE"fIN IS SUBJECT TO ALL THE Te.r:c~S, E.XCl.U$IONS ANO CO~OlTIONS OF SUCH POliCIES, UMITS SHOWN MAY HAVE BEeN REDUCED B PAlO CLAIMS ~ en 'I'T'!Of'INMJIWlCt: """-,,,y_A POlw:YliF~ pQLll:vv:-.o.TmN ,-~ DATElMMlDllIT'r') l>IO.~l~ ""HE AOOII.EOATE p~ouCTS. COMP/OP 1lER.6QNAl & ADV INJUR EACH OOCufl.RENCEl FIR€ DAA1"GE I/<foy~. ~o IAITyCllll~llI'l) 388076572711 3116/1Ja 3118/09 COMBINED SINGLE L.,rr 2005 DR3500 VIN-22166 eoCllL'r'IN,lUR'T' $500.000 I $500,000 jP"'pIIrsOOfPOIlICddlantl GEl'aw.llQll,lfY ;0; CQI,WI!RClALGEf\lE~L ,un- ClAIMS MACE DOOOuI'l ~~$.CO~~TO~S '"'' ALLSTATE AUTOMOBILE LlA8Il1TY AHf,wTO ALL OWNED ...1IT0$ X SCHEDULED ...UT05 HlREOAlITOS NOO.QWNEO AUTO!;l PROPERlY r:wu.G1: $500,000 UEOrCAL JlAYWiNT $5,000 GARACiEUABlLITY "NYAUTO AUTQONLY.EA OTHER THAT AUTO ',~'""E;: --1~~~~ EAt;HACCClENT AIJGREGl.TE EACH OCCURRENCE A f1<;ATI: IN" l,..fl!'rORY EL EACH ACCIDENT WORKER:!; C;OIlPI!N&.ArlOl'l AND EMPLOYI!Il.SLIA8LITY TMEPRCIl"RIETORI PARTNERSlEX'CCUTIV EOFFICE~ARI;: OTllER ElDlSEAS!;.POLICY ,,"- ~~ QIiEA5E - EA DI!KRrP"flOH OF oPe~T10N9ILOCAnoN8IVEHlCLUI5PE(;1A1.ITEMI COLLIER COUNTY GOVERNMENT IS LISTED AS 80T~ A CERTIFICATE ~OLDER AND AN ADDITIONAL INSURED FOR THIS POLICY. r~~"-t'-,q"'J~~'-:\~1T~"'~~' ", ~,-':-. '-.- ~.'-~~~""""'I;p~"(:~~1.:'\:'flq~ ~""~_... ~""~ . ~J---'L....... ,,'-....,_~~~ ~ ,..J_-, ""'" _-' :~:;::;,:::~"""'~~...... ~_'"-..",j-~- ~""""i",""'X"",,,,,,_~'c.I~:;j COLLIER COUNTY GOVERNMi:NT 3301 E TAMIAMI TRAIL NAPLES, FL 34112 ATTN: BRENDA BRIL~ART SHOULD ANY OF TI.1I5 ABove DEliCRIBIiilD POUCIES BE CANlJELLED BEFORi Itll::: EXPlAJ,T10N DAn;: THeftEOl", THE ISSU~O COMf'o\NT Wll.L GNDEAVOR TO MAl 3Q DAYS WRITTEN NOTICE TO THIi ~I"IOA."I! tfOLDEIt. NHl'ED TO THI! LEFT Bur FAiLURE TO MAll5UCH A Ncmc:1i SHALL IMPOSE NO OBLIGATION OR LIABILITY Of "NY KIND UPON tHE COMPANY, rrs AGENTS OR REPftESENTATJYES, AUI~D"'EI'fI&EllTA1I\IE 16A6 r1 MEMORANDUM Date: February 21, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08-4197: "Nuisance Abatement Services" Contractor: Ecosystems Technology Attached please find the original contract document, as referenced above, (Agenda Item #16A6) approved by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you. Attachments 16A6 A G RE E MEN T 08.4197 for Nuisance Abatement Services THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Ecosystem Technologies, Inc., authorized to do business in the State of Florida, whose business address is 2223 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on February 26, 2008 and terminating on February 25, 2009. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide lawn services, as Primary awardee, and invasive plant removal and additional services, as Secondary awardee, in accordance with the terms and conditions of Bid #08-4197 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Page 1 01'6 16A6 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ecosystem Technologies, Inc. 2223 McGregor Boulevard Fort Myers, Florida 33901 Attention: Jim Walsh, Vice President Telephone: 239.337-5310 Facsimile: 239-337.4494 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department. Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239.252.6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U, S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in Page 2 of6 16A6 effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page 3 01'6 16A6~~ Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #08-4197 Specifi- cationsjScope of Services and Addenda. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311, Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, andj or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andj or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andj or quotes; and, c. immediate termination of any contract held by the individual andj or firm for cause. Page 4 of6 16A6 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items andj or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. Page 5 01'6 16,16 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. .' ,;:,"oI-j1'") '. -. '1r'l) ATTEST:' ~> Dwi t K Brock~\=let . of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COU,Y, FLORIDA . By: J'i'1t By: Dated(:;J Attnt~~ ,lqMtur-e 00 1. Tom Henning, Chairman /1 I'll ',' '11\ W3{" By: \;, ~\o b'2c' n t( tTypejprint tness namet ~OQ'-Jl R~ Second Witness (\ . .~...Jo...l.l\~ M..::r of'\(.~ I So' ) Typed signature and title P~.l: l~,J- C h..lI.J{'l~ M _ R u...mpL--. tTypejprint witness namet Approved as to form and legal sufficiency: A"ibS~.:' Print Name Page 6 of6 From: (941)747.9946 To: 1239.337-4494 Page: 2/2 Date 3/10/200811 :03:37 AM 16A6 ACORD". CERTIFICATE OF LIABILITY INSURANCE 10002752 I DATE lU.MIDOIYYVy/ 3/1012008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 410 43rd Street West Suite N HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bradenton, Fl 34209 ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW. Phone: 1-877-746-2209 INSURERS AFFORDING COVERAGE NAIC# INSURED Insurer A: Southern Eagle Insurance Co. Administrative Concepts Corp Reinsurer B: L10yds of London AA.1122000 406 43rd street West Reinsurer C: Aspen Reinsurance AA.1120337 Bradenton, FL 34209 Reinsurer 0: Max Re Bennuda AA.3190829 , R~insur~r E: Odyssey Re 23680 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT!FICATE !\(A.Y BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO BYTHE POLlC!ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COODIT10NS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR '-[jO"l~. '~'EN.: ~RAO--M"~'''E~R''~C''':~GENERA'' . """8'" ","T',,"IU ___'..u" '~;~l~.~~~~.mu n...... '?OlitYJf~~1E' 'Pg~~~~~~~N' ~~~"~.~.~~~.~~~~~.---~;~;;~~--- ..muuuuu mum_o" ~"'....... LL L. 'o;..)}.il;GE'f1:Yt.1t::;\i-:E!:Y' ...... 'n'" , ~ J GAIM3 .1ADE 0 CCCUR _~~;~~~~:~~,~~:o~:~~~~;__: m. mum".n , , I ~ : : I .----' ~n.AGGRF.~f..I.IMIT "'\p~~ pm ! ! Pt-Jl.ICY I I ~.E~~ I ! I. IV; : AUTOMoellE lIAellllY c~ !..___j ANy A'.;f':; : i I\ll. ,l',\itlF:-r:l,l\UT0S ~ L...J SCHEOlXILEDi,UTQS ~_.uJ ~IRED,~UTOS fum] :.JOf'J.(:".V'lNED ,\UTO$ ~ I PERSON!'':' & AU,/INJURY , :~~!,f,1. t..G,::'R"GI'.TE ~W;DIl':--;2~,- '.;l!'.;P/l"}p ~.G(; ~ "--- C:'I,lalNEa S IHGLE L IMff (Eo 8ccider~f ,-' : 30GIL'( II': _;~R ,{ $ L~:~~~:~.~~~~um.... n........... I ['OC':L'r IN,~dRY ("e.-gccic1i>:1lJ s ::; ! GARAGE LlABILlTY c-o H ,'.Ny AL'TO i ! t:XCESSlUMBRELLA L1ABlUTY c-, D ~ CK.l-.l;::< ClAIMSMACE PR0;JERT" D/\MAGE (P9,a.::cirl&rt11 --~- --.-" ",,-----" i\U"O ON~'(. E~ACCID8-.jT , A n:;)f:'f)IKl"I8I.E ~ ~ETf.NTION $ WORKERS COMPENSA nO'N AND EMPLOYERS'l.,1A8ILlTY Ar-..'f :'>ROf"-RIETOR:PARTN~RIEXECUTIVE O",i':CF.R.'MDV:8fh: f.)(.CI.l;OI?D? lIy"s,dasr-.l:h(lull'ii'-f SPECIAL PRO\JIG!ONS be:c.... OTHER Workers Compensation Excess Coverage -T-- I ::J1'"lER TI--:A.N AI,:,) l~NL 'f; FA".CC S ~.<:;::JRRF.I'';C,E': "'.GC;,Rf.C,"'.Tr: AGG S , , f---.- e----- , :} :} Be DE x I \!\,f:; S'i A.rLJ'_I"""I~JRH" 1/112008 1/112009 .._._LLQR:.-'.J.MlT.S.L ___u....___u___m..m.___n ! r.~c~:.E!.:~~.J.~"~_lg.E!'.:!...m_m_. L.LQQQ.9.QQ...mu_..- I E.LDISEr...3E"E'AEMPL,-:)YE ~ 1,000000 I 1 [': L. OISEA.ClE. POLICY UMIT ~ 1,000,000 ease note that Southern Eagle Insurance Company has relnsurea its labllties In excess a , under t e po ICles aT insurance listed above with underwritern listed A. or better at the time of placement of such rensurance. Such reinsurance are subject to their own terms, conditions and limits. This is for informational purposes and nothing herein shall create any right undersuchreinsurances. WC0272682.00 oeSCRlPTION Of" OP~TIONS! lOCA110NS IVEHlCLES' EXCll)SIONS ADDEO BY ENOORSEMENT/SPECIAL PROVISIONS Coverage is extended to the leased employees of alternate employer (Florida Operations Only): Ecosystem Technologies Inc Effective: 7/22/2002 021900 DISCLAIMER: This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorlzed representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the po~cies listed thereon. CERTIFICATE HOLDER CANCEllATION Collier County Government steve Carnell, Purchasing/GS Director 3301 E Tamiarni Trail Naples, FL 34112 SHOlA..O ANY OF THEABOVE DESCRIBED POL.ICIES BE CIl.NCELLED BEFORE THE EXPfRA TlON DATE 1l-lEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MIl.Il. ~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE l.EFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON mE INSURER, ITS AGENTS OR REPRBSENTA TlVES. AUTHORIZED REPRESENTA 11ve ,.- Fax# (941) 252,6584 \ ",,,,,,_.')'.J.. ... l!IJ-.... @ACORDCORPORATlON 1988 ACORD 25 (2001/08) This fax was sent with GFl FAXmaker fax server. For more information. visit: http://v{vwv.gfi,com From:ALAN WILLIAMS @ ASSOCIATES 239418 1164 03/10/2008 15:20 #647 P.OOI/001 A CORa. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (239)418-1100 FAX (239)418-1164 Alan Williams & Associates Inc. #1 13700-1 Ben C. Pratt/ Six Mile Cypress Pkwy Ft.Myers, FL 33912 INSURED Ecosystem Technologies Inc. 2223 McGregor Blvd Fort Myers, FL 33901 THIS CERTIFICATE IS ISSUED AS A MATTER OF 0 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE !NSURERA Ohio ~sualty Group INSURER B: INSURER C' INSURER D: INSURER E: NAIC# 24074 cnuERA"c~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE~ DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '!'I!!l ~!!.'!:! PQUCY EFFECTIVE POLICY EXPIRATION ---- TYPE OF !NSURANCE POUCY NUMBER LIMITS ~ENERAL LIABILITY BK052666540 10/16/2007 10/16/2008 EACH OCCURRENCE , l,OOO.OOU X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ---,- , 100,00r I CLAIMS MADE [K] OCCUR MEa EXP (Anyone person) , 10 , oor A ~ Contractual Liab. PERSONAL 8. ADV INJURY , l,OOO,OOr -. t- GENERAL AGGREGATE , 2,000,00( h.t AGG~nE LIMIT APnS PER PROOUCTS - COMPfOP AGG , 2 ooo,oor POlICY ~~8r LOC I--A~TO"OBILE lIA81LITY BAW52666540 10/16/2007 10/16/2008 COMBINED SINGLE LIMIT ~ ANYAUTO (Eaaccident) , 1,000 oor I~ AlL OWNED AUTOS BODILY INJURY {per person) , A '- SCHEDULED AUTOS - '- HIRED AUTOS BQDll Y INJURY (Peracadanl) , ~ NON-OWNED AUTOS '- PROPERTY DAMAGE , (Per accident) RRAGE UAB'UTY AUTO ONLY - EA ACCIDENT , /lj4Y AUTO OTHER THAN EAACC , AUTO ONLY AGG , =.=JESS/UMBREllA llAfUUTY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE , , - ~ DEDUCTIBLE f----- , RE"'[ENTION , , WORKERS COMPENSATION AND Ur~C5;rf.I\l.~1 IOJ~- QR', EMPLOYERS' UA81LITY E-L EACH ACCIDENT , AIN PROPRIETORlf'ARTNERfEXECUTIVE OFFtCERlMCMBER EXCLUDED? E.l DISEASE - EA EMPlOYE $ ~~~I~S~W~J:~orNS below EL DfSEASE. POLICY LIMIT , jjTHER . Property 8. BK052666540 10/16/2007 10/16/2008 See policy schedule onmerclal A nland Marine $250,000 Value Rented/Leased $500 Deductible ~RIPT1ON OF OPERATIONS I lOCATIONS 1 VEHICLES I ~CLUSIONS ADDEO 8Y ENDORSEMENl' I SPECIAL. PROVISIONS o lier County is included as ad itional insured with respect to General liability. C H R C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT10N DATE THEREOF, THE ISSUING III/SURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOT1CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAll SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Collier County Government 3301 E Tam;ami Trail Naples, Fl 34112 Jeff Williams ACORD 25 (2001108) FAX: (239)252-6584 ~ :; SfctJ e- Co..'y r\..t (I w=~~"',1l:-. -.\, ._(, ,-' ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~~Lor d TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '3 -3 --o~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original do\:umcnts should be hand delivered to the Board Office, The completed routing slip and 'gi~ A documents are to be forwarded to the Board Otlice only after the B(i~~~i~a~os~;~ item.) .J. 0 ? Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotion ufthe Chainnan's sie:oature, draw a line throue:h routillo lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinf! order) I. Sue Filson BCC 2. Judy Puig CDES Admin CAf ;;-;)(".08' 3. Michelle Arnold Code Enforcement rhlj 02.-,,- ot 4. 5. 6. PRIMARY CONTACT INFORMA nON (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item) Name of Primary Staff Marlene Stewart Phone Number 252-2496 Contact Agenda Date Item was d.J~v/O'B' Agenda Item Number 16A'7 Approved bv the BCC Type of Document Release & Satisfaction of Lien Number of Original 65 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (AIl documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fuIly executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bec office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on -.:I ,0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The . Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. @f IJ J If- 0f cat I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EXECUTIVE SUMMARY 16A? Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received OBJECTIVE: To approve execution and recording of the Release and Satisfaction of the listed Liens, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters CONSIDERATIONS: Reference Owner of Record Folio Lien Amount CEB 2006-45 Jesus & Laura Perez 00082961963 $1,200.00 OSM 2006010158 Jesus & Laura Perez 00075200000 $141.09 OSM 2006030904 Armando Yzaguirre 63865240000 $124.34 OSM 2006010540 Francis, Paul & Christopher Lombard 62710200002 $520.00 OSM 2005100286 David Esquivel 66881480003 $5,787.50 OSM 2004110262 Jason Mardis 36514360006 $6,601.25 OSM 2003030309 Amerada Hess Corp. 35640720003 $179.41 OSM 2005070501 Jeffrey & Keith Basik 61510000021 $231.83 OSM 2006110321 Courthouse Shadows Consolidated 00126880007 $659.37 Holdings, Inc. OSM-SO 145163 Randall Latona N/A $550.00 & 145164 OSM 2006100007 Patricia Dolan 00769680004 $197.99 OSM 2006070400 Ted Barrett, Est. 52393600000 $132.45 OSM 2005070279 Roberto Conti & Gerarda Daidone 55052640007 $156.90 OSM 2006100318 John Emery 81271201301 $384.57 OSM 2006020911 Jeremiah Doran & Hasan Karagoz 63864160000 $151.54 OSM 2006020362 Marco Orbegoso 26630080005 $681.18 OSM 2005110778 Jesus Ayala 00127563307 $194.47 OSM 2005120347 Jean R., Rosalee Darce & Roger 71271920003 $256.06 Anl!ervil OSM 2005120346 Jean R., Rosalee Darce & Roger 71271920003 $175.52 Angervil Reference Owner of Record Folio Lien Amount OSM 2005060680 Robin Okolski 52399800008 $245.57 OSM 2006050116 Diane Muenze Gonzalez 68095560005 $187.72 OSM 2006070623 Josefina Mnnoz 00081120006 $2,000.00 OSM 2005120724 John C. & Sherri L. Morrison 24831??oo06 $170.97 OSM 2005040566 Edward & Rnth Dibene 65221360001 $132.79 OSM 2006050930 Charles & Donna Aylsworth 68047280003 $1,127.97 OSM 2005050079 Betty Shaffer, Tr. 67494560005 $163.47 OSM 2005051029 Ricbard Korman 53350040000 $163.47 OSM 2005051026 Richard Korman 53350040000 $163.47 OSM 2004040835 Miguel & Daima Fernandez 35775720004 $160.03 OSM 2005110434 Melquiades R. Buckow 38456440008 $210.10 OSM 2005060116 Carlos Perez & Saily Fuentes 62266200006 $157.14 OSM 2005080097 Ginger Gandy 35881360002 $1,868.97 OSM 2005040777 Dorene Clark 38332920008 $195.30 OSM 2006040775 Ricardo Ramirez & Sonia Garcia 60481080003 $1,948.73 OSM 2007030825 Wayne C. Womack 52700960003 $247.42 OSM 2006050747 Adan Hernandez 30683440002 $130.12 OSM 2006020827 Cresencio Martinez 60784200001 $170.66 OSM 2006020828 Cresencio Martinez 60784200001 $177.23 OSM 2005100215 Johnnie McSwain Thomas Est. 66930360003 $179.19 OSM 2005040921 Ashby & Denise Gilkenson 38336640009 $27,500.00 OSM 2005040747 Dave Mobley, Est. 77213480000 $115.19 OSM 2006120370 Melquiades Segura & Maria Segura 63856040002 $400.00 OSM- CO Anthony Cesa, Beverly & Joseph Frato 62570840000 $118.42 2005010252 OSM 2005080950 John & Joan Coffman 68045200001 $158.00 OSM 2006060894 Shirley Hnfford 63401960003 $129.58 16A? Reference Owner of Record Folio Lien Amount OSM - SO 145152 Juan Acevedo N/A $300.00 OSM 2006020265 Delius Adeka 62047120101 $6,339.28 OSM - CO Charles Aylsworth 62570840000 $606.95 2005020630 OSM 2005010536 Martin & Louisiana Mena 69654640006 $110.10 OSM 2004128483 Manuel Lamoglia 36312240001 $2,148.37 OSM 2006040689 Ricardo & Irma Montes 25577800721 $141.09 OSM 2006050687 Noe & Ivon Munoz 62150760005 $126.22 OSM 2005020112 Frank Lagonigro 62768200009 $140.05 OSM 2006070379 Jnlia Gomez 56405040004 $137.30 OSM 2006050760 Esteban & Rita Martinez 30680080009 $130.12 OSM 2006040832 Francis P. Lord 61780280008 $127.80 OSM - SO 152122 Patricia K. Sullivan N/A $50.00 OSM 2005040764 BFS Retail & Commercial Operation, 7441072003 $19,435.12 LLC OSM 2005110329 Tereso Bautista & Emiliana Lopes 38045920007 $500.00 Vasquez OSM-S0151737 Janet M. Clark N/A $250.00 OSM-S0152401 Edward J. Bauman N/A $50.00 OSM-SO 151709 Phyllis A. Emens N/A $250.00 OSM - SO 152418 Wilbert M. Beacham N/A $50.00 OSM 2006060894 Shirley Hufford 63401960003 $129.58 OSM 2005080446 Brenda Soto 52399800008 $350.00 TOTAL 87,918.96 16A 16A? FISCAL IMPACT: The only expense incurred by the County is the cost of recording the Releases and Satisfactions, which is to be approximately $10.00 per release, totaling $650.00. Funds are budgeted and available in the current fiscal year in the 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 Satisfaction of Code Enforcement Liens. PREPARED BY: Marlene Stewart, Administrative Secretary - Code Enforcement This instrument prepared by: Jeff E. Wright Assistant County Attorney 2BOO N, Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135125 OR: 4335 PG: 0419 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 1 03/04/2008 at 09:13AM DWIGHT E, BROCK, CLERK REC m 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH !LOOR BIT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated February 28, 2007, a certified copy of which was recorded on March 7, 2007, in O.R. Book 4193, Pages 2086-87, 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 Jesus and Laura Perez, has been discharged in full: Jesus and Laura Perez 2942 Immokalee Drive Immokalee, Florida Folio No.: Cost: Reference: 00082961963 $1 ,200 CEB Case No. 2006-45 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 Jesus and Laura Perez, and consents to this lien being discharged of record. Dated this d~~h daYOf~~U4rj ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::I12; ,CHA MAN By: ~ ~ Q(.. AtttIt II a QM~tY.Clerk 1111ft1turt 0111. Approved as to form and legal sufficiency: This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135126 OR: 4335 PG: 0420 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:13AM OWIGHT B, BROCK, CLBRK RBC FBi 10.00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 10, 2006 a certified copy of which was recorded on, August 11, 2006 in O.R. Book 4087, Page 2469, 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 Jesus and Laura Perez, has been discharged in full. Jesus and Laura Perez 2942 lmmokalee Drive Immokalee, FI Folio No. Cost: OSM No: 00075200000 $141.09 2006010158 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 Jesus and Laura Perez, and consents to this lien being di scharged of record. Dated this df,1h day of J..t.brua,..~ ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~'I't~C:kL. By: ,~onl' . ,CHAI Approved as to form and legal sufficiency: Jeff right Assi t County Attorney This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135127 OR: 4335 PG: 0421 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:13AM DWIGHT B, BROCK, CLBRK REC FBE 10,00 cams 1.00 Retn: CLBRK TO THB BOARD INTBROmCB 4TH FLOOR BIT 8406 16A? 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 0656, 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 Armando Yzaguirre, has been discharged in full. Armando Yzaguirre 211 New Market Road E. Naples, FL Folio No. Cost: OSM No: 63865240000 $124.34 2006030904 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 Armando Yzaguirre, and consents to this lien being discharged of record. Dated this J~tJ, day of ~h(LACl(~ ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, ORillA By: j) 11 L{ ~t" vOl:... ",' ,D uty Clerk Attest IS to 11 , slQft1t.... 0lI1. Approved as to form and legal sufficiency: By: ~ Jeff . right Assist t County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135128 OR: 4335 PG: 0422 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/01/2008 at 09:13AM DWIGHT E, BROCK, CLERK REC m 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICB ITH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 22, 2006 a certified copy of which was recorded on September 6, 2006, in OR Book 4101, Page 0178, 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 Francis, Paul, and Christopher Lombard, has been discharged in full. Francis, Paul, and Christopher Lombard 72591" Ave N. Folio No. Cost: OSM No: 62710200002 $520.00 2006010540 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 Francis, Paul, and Christopher Lombard, and consents to this lien being discharged of record. Dated this rll.i-h day of J~(Uo.lt ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIR N By; ~ll ^t!~O.L. By: - M...rt IS to ,~t~ Clerk Itguwrt _1 ~ Approved as to form and legal sufficiency: ~. -vt:: - Jef . right Assis nt County Attorney This instrument prepared by: Jeff E. Wright Assistant County Auorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135129 OR: 4335 PG: 0423 *** RECORDED in O!!ICIAL RECORDS of COLLIER COUNTY, !L 03/01/2008 at 09:13AM DWIGHT E, BROCK, CLERK REC !BE 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROmCE ITH FLOOR EXT 8406 16A7 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 21,2006, a certified copy of which was recorded on August 2, 2006, in O.R. Book 4081, Page 2674, 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 Esquivel, has been discharged in full. David Esquivel 301 S. 6th Street Immokalee, Fl 34143 Folio No. Cost: OSM No: 66881480003 $5,787.50 2005100286 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 Esquivel, and consents to this lien being discharged of record. Dated this ~ ~ +h day of F.t.bruQ,('1 ,2008. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::LL~:ct: . , CHAIR~ By:llu.u. ~.L ~:Attest.S , ytlerk S1Q11.t..... 001. Approved as. to form and legal sufficiency: i&E: Jeff right Assist t County Attorney This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135130 OR: 4335 PG: 0424 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:13AM DWIGHT B, BROCK, CLBRK RBC m 10.00 cams 1.00 Retn: CLBRK TO THB BOARD INTKRomCB 4TH FLOOR BIT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated February 28, 2005, a certified copy of which was recorded on April 19, 2005, in O.R. Book 3777, Page 4127, 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 Jason Mardis, has been discharged in full. Jason Mardi s 4225 31st Place S.W. Naples, FL Folio No. Cost: OSM No; 36514360006 $6,601.25 2004110262 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 Jason Mardis, and consents to this lien being discharged of record. Dated this ;216-/Jl day of (.UJfUa.'t.( ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA By: Atust IS to . f atgqttn eM! h (. uiY Clerk By: , CHAIRM Approved as to form and legal sufficiency: Jeff right Assi nt County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135131 OR: 4335 PG: 0425 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, lL 03/04/2008 at 09:13AM DWIGHT E. BROCK, CLERK REC m 10.00 coms 1.00 Retn: CLERK TO THE BOARD INTERomCE 4TH !LOOR EIT 8406 16P? 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 6, 2007, a certified copy of which was recorded on August 10,2007, in O.R. Book 4268, Pagers) 3962 and 3963, 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 Amerada Hess Corp., has been discharged in full. Amerada Hess Corp. 11655 Collier Blvd Naples, Fl Folio No: Cost: OSM No: 35640720003 $179.41 2003-030309 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 Amerada Hess Corp, and consents to this lien being di scharged of record. Dated this J ~#. day of P.u,ruary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RillA By: ~ ~(. D-l.JiO.Lr By: ltun " to ~ tl\Clerk 110Rltllrt on!- Approved as to form and legal sufficiency: , CHAIRM Jeff . Assis . right t County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135132 OR: 4335 PG: 0426 *** RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/04/2008 at 09:13AM DWIGHT E, BROCK, CLERK REC m 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated February 17, 2006, a certified copy of which was recorded on February 24, 2006, in O.R. Book 3988, Page 1002, 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 Jeffrey and Keith Basik, has been discharged in full. Jeffrey and Keith Basik 195 Basi k Dri ve Naples, FL Folio No. Cost: OSMNo: 61510000021 $231.83 2005070501 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 Jeffrey and Keith Basik, and consents to this lien being discharged of record. Dated this ;)lJo/il day of P'.Jlm.u.l.ry ,2008. By: 1) Jj.J 1 ~D.(. Attest as CII4 ~Clerk 119l'lture 0111- BOARD OF COUNTY COMMISSIONERS COLLIERYJNTY, F ORillA By: ,:}fJt- A TIEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: right t County Attorney This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135133 OR: 4335 PG: 0427 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:13AM D~IGHT B, BROCK, CLBRK RBC FBB 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 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 6, 2007, a certified copy of which was recorded on August 10,2007, in O.R. Book 4268, Pagers) 3970, 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 Courthouse Shadows Consolidated Holdings, Inc, has been discharged in full. Courthouse Shadows Consolidated Holdings, Inc. 414 Booker Blvd Immokalee, FL Folio No. Cost: OSM No: 00126880007 $659.37 2006-110321 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 Courthouse Shadows Consolidated Holdings, Inc, and consents to this lien being discharged of record. Dated this c)l(p#1 day of F..uJru,fAry ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIERYUNTY, ORIDA. By: .:JrJt BY:~~S~~=~t. Itllllltln ~l ~ ,CHAIR V\N Approved as to form and legal sufficiency: This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135134 OR: 4335 PG: 0428 *** RECOROED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:13AM DWIGHT E, BROCK, CLBRK REC m 10,00 cams 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 8406 16 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 5, 2005, a certified copy of which was recorded on August 9, 2005, in O.R. Book 3863, Page 2943, 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 Randall Latona, has been discharged in full. Randall Latona Grills of Naples Naples, FL Folio No. Cost: SO No: N/A $550.00 145163 and 145164 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 Randall Latona, and consents to this lien being discharged of record. Dated this a(;-Ill day of f':......hru",'Y , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER 7NTY, ORillA By: ,J<fJt- By:J)UH ~~().t. Attest IS Cl\t )N:lerk 'S19'11tlltt Oftl' , CHAIRM Approved as to form and legal sufficiency: This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34] 04 (239) 213-2939 *** 4135137 OR: 4335 PG: 0431 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:18AM DWIGHT B, BROCK, CL8RK RBC PEE 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBRO/FICB 4TH FLOOR BXT 8406 16A? 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 6,2007, a certified copy of which was recorded on August 10,2007, in OR Book 4268, Page(s) 3972 and 3973, 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 Patricia Dolan, has been discharged in full. Patricia Dolan 980 Auto Ranch Road #5 Naples, Fl Folio No. Cost: OSM No: 00769680004 $197.99 2006-100007 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 Patricia Dolan, and consents to this lien being discharged of record. Dated this Jfo-/ll day of tU('UfM1 ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Cieri< COLLT' RIDA By: (\ 1'1J. Lo../ J 6AL~ uO.L. By: V--- Att:.t IS ~y'-:lerk S lonaturt 011 J . Approved as to form and legal sufficiency: This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135138 OR: 4335 PG: 0432 *** RBCOROBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/200B at 09:18AM DWIGHT B, BROCK, CLBRK RBC FBB COPIBS 10.00 \.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 8406 16 h ( RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated September 15, 2006, a certified copy of which was recorded on September 27, 2006, in O.R. Book 4112, Page 2547, 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 Ted Barrett, Est., has been discharged in full. Ted Barrett, Est. 112 W. Pago Pago Drive Naples, Fl Folio No. Cost: OSM No: 52393600000 $132.45 2006070400 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 Ted Barrett, Est., and consents to this lien being discharged of record. Dated this /)(p-lh day of Fibru.b.,Y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: j)..kU.A_ 1t~..t.O~.' Attest IS to t) Clerk S lllfl.tur. onl . By: Approved as to form and legal sufficiency: This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135139 OR: 4335 PG: 0433 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 03/04/2008 at 09:18AM DWIGHT B, BROCK, CLBRK RBC m 10,00 cams 1.00 Retn: CLBRK TO THB BOARD INTBROmCB 4TH PLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated September 2, 2005, a certified copy of which was recorded on September 19, 2005, in O.R. Book 3892, Page 1596, 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 Roberto Conti and Gerarda Daidone, has been discharged in full. Roberto Conti and Gerarda Daidone 437 Forest Hills Blvd Naples, FL Folio No. Cost: OSM No: 55052640007 $156.90 2005070279 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 Roberto Conti and Gerarda Daidone, and consents to this lien being discharged of record. Dated this J(,o/h day of kiJJ fU.MY ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 11.J111 ~lI~I"'o.( Attest " Ch. t~Clerk .igMtw't <MIl- By: Approved as to form and legal sufficiency: . This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135140 OR: 4335 PG: 0434 *** RECORDED in O!!ICIAL RECORDS of COLLIER COUNTY, !L 03/04/1008 at 09:18AK DKIGHT E, 8ROCK, CLERK REC!BE 10,00 cams 1.00 Retn: CLERK TO THB BOARD INTERO!!ICE 4TH !LOOR BIT 8406 16A? 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 6,2007, a certified copy of which was recorded on August 10,2007, in O.R. Book 4268, Pagers) 3966 and 3967, 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 John Emery, has been discharged in full. John Emery 2815 Becca Avenue Naples, FL Folio No. Cost: OSM No: 81271201301 $384.57 2006-100318 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 John Emery, and consents to this lien being discharged of record. Dated this J~#I day of Fwru.fu'I ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, ORillA By: llu..u 2f 17~'~{)_( . AtttJt IS eM ' y perk 11gltltlll"t 011]' By: Approved as to form and legal sufficiency: ~. -~t Jeff right ~ - Assistant County Attorney This instrument prepared by: JetT E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30 I Naples, Florida 34104 (239) 213-2939 *** 4135141 OR: 4335 PG: 0435 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:18AM DWIGHT B, BROCK, CLBRK RBC m 10,00 COPIBS 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 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, August 10, 2006, a certified copy of which was recorded on August II, 2006 in O.R. Book 4087, Page 2482, 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 Jeremiah Doran and Hasan Karagoz, has been discharged in full. Jeremiah Doran and Hasan Karagoz 806 Charlotte Street Immokalee, FL Folio No. Cost: OSM No: 63864160000 $151.54 2006020911 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 Jeremiah Doran and Hasan Karagoz, and consents to this lien being discharged of record. Dated this ~lIlh day of r.J.bf"u."'Y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CD J J J ^L,~(J.(. By: MttIt .,- to ~l_t~ Clerk S1gMtln 0111' ,CHA Approved as to form and legal sufficiency: ~~ 3r Jeff . right Assis nt County Attorney This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135142 OR: 4335 PG: 0436 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:18AM DWIGHT E, EROCK, CLERK RBC m 10,00 COPIRS 1.00 Retn: CLERK TO THB BOARD INTEROmCB 4TH PLOOR BXT 8406 16A? 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 20,2007, a certified copy of which was recorded on August 10,2007, in O.R. Book 4268, Page(s) 3977 and 3978 , 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 Marco Orbegoso, has been discharged in full. Marco Orbegoso 3891 Estey Avenue Naples, FL Folio No, Cost: OSM No: 26630080005 $681.18 2006-020362 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 Marco Orbegoso, and consents to this lien being discharged of record. Dated this ;)14.#l day of ~(U.Q(V ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ':(i~ By: 11111.,( ~~~~\.P .l~O.t -By: Mttst n to Clerk S1!1ft.turf 0111. Approved as to form and legal sufficiency: right t County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135143 OR: 4335 PG: 0437 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:18AM DWIGHT E, BROCK, CLERK REC !BE coms 10.00 1.00 Retn: CLERK TO THE BOARD INTEROmCE 4TH !LOOR EIT 8406 16A7 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 17,2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page 0882, 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 Jesus Ayala, has been discharged in full. Jesus Ayala 3144th Street S. Immokalee, FL Folio No. Cost: OSM No: 00127563307 $194.47 2005110778 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 Jesus Ayala, and consents to this lien being discharged of record. Dated this dfl#t day of PLbrl4.a.ry ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COUlER C TY, ORillA By:J!w..l. ~,~n{~ ,D uty Clerk Attttt IS to CM 11"Mfl \ "9ft.hrt 00 1 . Approved as to form and legal sufficiency: By: This instrument prepared hy: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135144 OR: 4335 PG: 0438 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:18AM DWIGHT B, BROCK, CLBRK RBC FiB 10,00 cams 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR EXT 8406 16A? 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 17, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page 0864, 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 Jean R. and Rosalee Darce & Roger Angervil, has been di scharged in full. Jean R. and Rosalee Darce & Roger Angervil 47 Royal Cove Drive Naples, Fl Folio No. Cost: OSM No: 71271920003 $256.06 2005120347 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 Jean R. and Rosalee Darce & Roger Angervil and consents to this lien being discharged of record. Dated this af4#l day of ~rull"Y , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIERC7Ty,FL RillA By: -:J'fJL By: ~(J 1 J1 et J~.L.L () ( . Attest 1$ C~ lclerk ,tgNtln .1" , CHAIRM Approved as to form and legal sufficiency: right County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135145 OR: 4335 PG: 0439 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:18AM DWIGHT E. BROCK, CLERK REC m 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 8406 16A7 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 17, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page 0865, 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 Jean R. and Rosalee Darce & Roger Angervil, has been discharged in full. Jean R. and Rosalee Darce & Roger Angervil 47 Royal Cove Drive Naples, FI Folio No. Cost: OSMNo: 71271920003 $175.52 2005120346 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 Jean R. and Rosalee Darce & Roger Angervil and consents to this lien being discharged of record. Dated this .;lc,-fh day of FLbIUM,/ ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: ~ 1', ~t~~:r~.t. By: Attttt as to eN I..... . 119ft1tur't Oft). Approved as to form and legal sufficiency: , CHAIR . Jeff . right Assis nt County Attorney This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 *** 4135146 OR: 4335 PG: 0440 *** RiCORDiD in OFFICIAL RiCORDS of COLLIiR COUNTY, FL 03/04/2008 at 09:18AK DWIGHT i, BROCK, CLiRK RiC FBi 10,00 coms 1.00 Retn: CLiRK TO THi BOARD INTBROFFICi 4TH FLOOR iXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated September 2, 2005, a certified copy of which was recorded on October 10, 2005, in OR Book 3907, Page 4042, 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 Robin Okolski, has been discharged in full. Robin Okolski 145 Capri Blvd Naples, FL Folio No. Cost: OSM No: 52399800008 $245_57 total 2005060680 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 Robin Okolski, and consents to this lien being discharged of record. Dated this ~(,-iJl day of f,d,(U4rt ,2008. By: attest .S S1Ql\ltwrt 00 1 . BOARD OF COUNTY COMMISSIONERS COLL~!UN~TY' F ORillA By: ..:JrJ1- ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: , right nt County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135147 OR: 4335 PG: 0441 *** RHCORDHD in OFFICIAL RHCORDS of COLLIHR COUNTY, FL 03/04/2008 at 09:26AM DWIGHT B, BROCK, CLBRK RBC m 10,00 COPIBS 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certiJY that the claim of lien arising out of the Order of the Special Master dated September I, 2006, a certified copy of which was recorded on September 12, 2006, in O.R. Book 4104, Page 1071, 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 Diane Muenze Gonzalez, has been discharged in full: Diane Muenze Gonzalez 3348 Bolero Way Naples, Florida Folio No.: Cost: Reference: 68095560005 $187.72 OSM Case No. 2006050116 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 Diane Muenze Gonzalez, and consents to this lien being discharged of record. Dated this ;]f4-1J'1 day of ~(u(),ri ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~AJ - ~MW BY:~ fI~O.t. I IS , yt::lerk 11l1ftlture 011 h Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Dri ve Naples, Florida 34 J 04 (239) 403-2496 *** 4135148 OR: 4335 PG: 0442 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:16AM DWIGHT B, BROCK, CL8RK RBC m 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 8406 16t. ! RELEASE AND SATISFACTION OF LIEN This is to certiJy that the claim of lien arising out of the Order of the Special Master dated June 15,2007, a certified copy of which was recorded on October 15,2007, in O.R. Book 4292, Pages 0947-0948, 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 Josefina Munoz, has been discharged in full: Josefina Munoz 3026 Immokalee Drive Immokalee, Florida Folio No.: Cost: Reference: 00081120006 $2,000.00 OSM Case No. 2006-070623 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 Josefina Munoz, and consents to this lien being discharged of record. Dated this ~li4h day of r"u'(II.a.ry , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER /NTY, FLORIDA. By: J~ , CHAIRM By:jllJH AA.lL~.(/~O_l. M4._ 0 , D uty Clerk ....w.t IS to ell<< I,.... , "tIItart 0111. Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135149 OR: 4335 PG: 0443 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:26AM DWIGHT B. 8ROCK, CLBRK RBC m 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated April 7, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page 0895, 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 John C. and Sherri L. Morrison, has been discharged in full: John C. and Sherri L. Morrison 1280 Embassy Ln Naples, Florida Folio No.: Cost: Reference: 2483]000006 $]70.97 OSM Case No. 2005]20724 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 John C. and Sherri L. Morrison, and consents to this lien being discharged of record. Dated this a {g +1. day of fl.bil.A,ary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::LLVORIDA. ~ By:]J.J1JL ~.O(r Attest as to t)iClerk 110111t.".. 001- Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135150 OR: 4335 PG: 0444 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:26AM DWIGHT B, BROCK, CLBRK RBC FBB 10,00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Magistrate dated September 21, 2007, a certified copy of which was recorded on October 15,2007, in O.R. Book 4292, Pages 0766-0767, 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 Edward Dibene and Ruth Dibene, has been discharged in full: Edward Dibene and Ruth Dibene 124 Coral Vine Drive Naples, Florida Folio No.: Cost: Reference: 65221360001 $132.79 OSM Case No. 2005-040566 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 Edward Dibene and Ruth Dibene, and consents to this lien being discharged of record. Dated this d fJ -/JI day of p...t.bru. ary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: lLuLI tt/:i;;lt1,1J.<- . Attest as to e I, , ,y Clerk "gHturt 011 h By: Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples. Florida 34104 (239) 403-2496 *** 4135151 OR: 4335 PG: 0445 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:26AM DWIGHT B, BROCK, CLBRK RBC m coms 10,00 1.00 Retn: CLBRK TO THB BOARD INTBRO!FICB 4TH !LOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 10, 2006, a certified copy of which was recorded on August 11, 2006, in O.R. Book 4087, Page 2483, 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 Charles and Donna Aylsworth, has been discharged in full: Charles and Donna Aylsworth 2853 Poinciana Dr Naples, Florida Folio No.: Cost: Reference: 68047280003 $1,127.97 OSM Case No. 2006050930 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 Charles and Donna Aylsworth, and consents to this lien being discharged of record. Dated this :;~~ day of (-J./hruQt y ,2008. By:.o..uv.. 1L1~ J& QI:". Att.st ' puty Clerk I 'glial:: ~ I ;1It '!"11M S Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J Ai . J~ -'-~~~ ATTEST: DWIGHT E. BROCK, Clerk This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135152 OR: 4335 PG: 0446 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 03/01/2008 at 09:26AM DWIGHT 8. 8ROCK, CLERK REC FBi 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE ITH FLOOR EIT 8106 16A? RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 5, 2005, a certified copy of which was recorded on August 9, 2005, in O.R. Book 3863, Page 2934, 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 Betty Shaffer TR, has been discharged in full: Betty Shaffer TR 4620 Outer Dr Naples, Florida Folio No.: Cost: Reference: 67494560005 $163.47 OSM Case No. 2005050079 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 Betty Shaffer TR, and consents to this lien being discharged of record. Dated this <<(,tJ1 day of FV;(().u('1 ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J1IJJ A ~ I~ I() C. . Attest ,; to c' sty Clerk "911'turt 0Il1 ~ By: Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135153 OR: 4335 PG: 0447 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/01/2008 at 09:26AM DWIGHT 8, 8ROCK, CLBRK RBC FEE 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROllICB ITH ILOOR BXT 8106 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 5, 2005, a certified copy of which was recorded on August 9, 2005, in OR Book 3863, Page 2938, 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 Richard Korman, has been discharged in full: Richard Korman 2960 Lunar St Naples, Florida Folio No.: Cost: Reference: 53350040000 $163.47 OSM Case No. 2005051029 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 Richard Korman, and consents to this lien being discharged of record. Dated this .;1",,11 day of Wf/..l(A'Y ,2008. ATTEST: DWIGHTE. BROCK, Clerk , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ll.uu 1f. ':Jf-.... ().{ . Attest as to. uty Clerk 119ft1bn 0Il1. By: Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135154 OR: 4335 PG: 0448 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/1008 at 09:16AK DWIGHT B, BROCK, CLBRK RBC m COPIBS 10,00 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 5, 2005, a certified copy of which was recorded on August 9, 2005, in O.R. Book 3863, Page 2940, 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 Richard Korman, has been discharged in full: Richard Korman 2960 Lunar St Naples, Florida Folio No,: Cost: Reference: 53350040000 $163.47 OSM Case No. 2005051026 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 Richard Korman, and consents to this lien being discharged of record. Dated this Jf.#l day of Yl--bru..ary ,2008. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER rTY, F ORIDA By: :J'fJJ-- By: (lJJU t~ J..- Ok.- Attest IS to I \lfY Clerk 111Jll1ture 0.11' Approved as to form and legal sufficiency: ~ Assistant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135155 OR: 4335 PG: 0449 *** RiCORDiD in OFFICIAL RiCORDS of COLLIiR COUNTY, FL 03/04/2008 at 09:26AM DWIGHT i, BROCK, CLiRK RBC FBi 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICi 4TH FLOOR BIT 8406 RELEASE AND SATISFACTION OF LIEN 16A7 ~. This is to certify that the claim of lien arising out of the Order of the Special Master dated May 19, 2006, a certified copy of which was recorded on June 5, 2006, in O.R. Book 4049, Page 1848, 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 Miquel and Daima Fernandez, has been discharged in full: Miquel and Daima Fernandez 1900 42nd St SW Naples, Florida Folio No.: Cost: Reference: 35775720004 $160.03 OSM Case No. 2004040835 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 Miquel and Daima Fernandez, and consents to this lien being discharged ofrecord. Dated this ~f.J-M day of wrL-lary ,2008. By: 1.1.u.tt ALtklUJ..(k_ Atte . -6 , rj~ty Clerk It as to Chatnlel , .'gn.twe OIth Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i~~ By: ATTEST: DWIGHT E. BROCK, Clerk ~ Assistant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135156 OR: 4335 PG: 0450 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:16AM DWIGHT E, BROCK, CLERK REC m 10,00 COPIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Magistrate dated August 17, 2007, a certified copy of which was recorded on September 13,2007, in OR Book 4281, Pages 0539-0540, 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 Melquiades R. Buckow, has been discharged in full: Melquiades R. Buckow 6461 Bottlebrush Lane Naples, Florida Folio No.: Cost: Reference: 38456440008 $210.10 OSM Case No. 2005-110434 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 Melquiades R. Buckow, and consents to this lien being discharged of record. Dated this J(P-lll day of r..l..-bru.o.ry ,2008. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By;J)..lJJ1 ~~ .n.t. Attest 1$ to '" I ul' Clerk ItpatlIre 0111' By: Approved as to form and legal sufficiency: J'ff~ Assistant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135158 OR: 4335 PG: 0452 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:30AK DWIGHT B, BROCK, CLBRK RBC FBi 10,00 COPlES 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 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 15, 2005, a certified copy of which was recorded on July 21, 2005, in O.R. Book 3850, Page 0401, 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 Carlos Perez & Saily Fuentes, has been discharged in full: Carlos Perez & Saily Fuentes 5434 Texas Avenue Naples, Florida Folio No,; Cost: Reference: 62266200006 $157.14 OSM Case No. 2005060116 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 Carlos Perez & Saily Fuentes, and consents to this lien being discharged of record. Dated this ;)C.th day of iQ,brt.Aaf1 ,2008. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::~L~ By:lUu..L ~ L}.t attett &$ to <b.11il tl' Clerk .t9ftlturt (MIl" Approved as to form and legal sufficiency: ~~ - ::fC:, Jeff righ Assistant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135159 OR: 4335 PG: 0453 *** RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 03/01/1008 at 09:30AM DWIGHT E, BROCK, CLERK REC m 10,00 cams 1,00 Retn: CLERK TO THE BOARD INTEROFPICE 4TH PLOOR EXT 8106 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated December 16,2005, a certified copy of which was recorded on January 6, 2006, in O.R. Book 3961, Page 0779, 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 Ginger Gandy, has been discharged in full: Ginger Gandy 1993 41 st Ter SW Naples, Florida Folio No.: Cost: Reference: 35881360002 $1,868.97 OSM Case No. 2005080097 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 Ginger Gandy, and consents to this lien being discharged of record. Dated this ;2 " ~ day of _PLb fuar y ,2008. By: _l\.t.u L ~ Q c. Attest ... to t ~ Clerk st9l'Iturt 0111- BOARD OF COUNTY COMMISSIONERS COLLIER -:~TY' F ORIDA. By: :J'fJ1-- ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135160 OR: 4335 PG: 0454 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 03/04/2008 at 09:30AM DWIGHT B. BROCK, CLBRK RBC m 10.00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 16A7 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 I, 2005, a certified copy of which was recorded on July 6, 2005, in O.R. Book 3837, Page 0581, 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 Dorene Clark, has been discharged in full: Dorene Clark 6171 Green Blvd Naples, Florida Folio No.: Cost: Reference: 38332920008 $195.30 OSM Case No. 2005040777 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 Dorene Clark, and consents to this lien being discharged of record. Dated this ~ it {h day of P..t..h rWJ(Y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA --Lk~ By: Jlll' 1 !:t 11 ~ J I rt\J .c.. . Attest .1 to 1"'" uty Clerk I igllltw't 0111. By: Approved as to form and legal sufficiency: ~. , ~ Jeff ght ' Assist t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135161 OR: 4335 PG: 0455 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:30AN DWIGHT E, EROCK, CLERK REC FEE 10,00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROPFICB 4TH PLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 10, 2006, a certified copy of which was recorded on August II, 2006, in O.R. Book 4087, Page 2481, 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 Ricardo Ramirez & Sonia Garcia, has been discharged in full: Ricardo Ramirez & Sonia Garcia 4106 Mowhawk PI Naples, Florida Folio No.: Cost: Reference: 60481080003 $1,948.73 OSM Case No, 2006040775 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 Ricardo Ramirez & Sonia Garcia, and consents to this lien being discharged of record. Dated this d&.fh day of P.JJruary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:[LuJi ~n( Attest as t:s Clerk Sigut.-. 0111. By; Approved as to form and legal sufficiency: . Jeff ight Assis ant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403.2496 *** 4135162 OR: 4335 PG: 0456 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:30AM DWIGHT B, BROCK, CLBRK RBC m 10,00 COPIES 1,00 Retn: CLBRK TO THE BOARD INTBROFFICE 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Magistrate dated September 21, 2007, a certified copy of which was recorded on October 15,2007, in O.R. Book 4292, Pages 0741-0742, 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 Wayne C. Womack, has been discharged in full: Wayne C. Womack 2960 Van Buren A venue Naples, Florida Folio No.: Cost: Reference: 52700960003 $247.42 OSM Case No. 2007-030825 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 Wayne C. Womack, and consents to this lien being discharged of record. Dated this d~-l~ day of f1.JJrua.,.y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ;i, Ai . ~~ By:Cl.UH "V.JQL Atun as to , ,puty Clerk ,'!llIlt..n OAl- Approved as to form and legal sufficiency: , right t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135163 OR: 4335 PG: 0457 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:30AM DWIGHT E, BROCK, CLBRK REC FEE 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTEROFFICE 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 22, 2006, a certified copy of which was recorded on September 6, 2006, in O.R. Book 4101, Page 0171, 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 Adan Hernandez, has been discharged in full: Adan Hernandez 1412 Peach St Immokalee, Florida Folio No.: Cost: Reference: 30683440002 $130.12 OSM Case No. 2006050747 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 Adan Hernandez, and consents to this lien being discharged of record. Dated this JiJ-Ih day of F.tJJrUQ.fY ,2008. By: --'i.b u ~~ (l <.. ....,_.... " D uty Clerk , ft....~ .S to tnli \ It Q11lt.".t 0111. Approved as to form and legal sufficiency: By; ATTEST: DWIGHT E. BROCK, Clerk This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135164 OR: 4335 PG: 0458 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/01/2008 at 09:30AM DWIGHT B, BROCK, CLBRK RBC m 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROmCB ITH FLOOR BXT 8106 16A7 RELEASE AND SATISFACTION 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 II, 2006, in O.R. Book 4035, Pages 0416-0417, 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 Cresencio Martinez, has been discharged in full: Cresencio Martinez 5257 Cypress Ln Naples, Florida Folio No.: Cost: Reference: 60784200001 $170.66 OSM Case No. 2006020827 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 Cresencio Martinez, and consents to this lien being discharged of record. Dated this a(,th day of J~ru.a(y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOA!ill OF COUNTY COMMISSIONERS ::LIIY' nOlliOA h~ By:fulJl . ~.(. Attest as to 1 ~y Clerk '111Jftltlrt 0CI1. Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34\ 04 (239) 403-2496 *** 4135165 OR: 4335 PG: 0459 *** RECORDED in OFFICIAL RECORDS 01 COLLIER COUNTY, FL 03/0412008 at 09:30AM DWIGHT E, BROCK, CLERK REC PEE 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROmCE 4TH nOOR EXT 8406 16A7 RELEASE AND SATISFACTION 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 OR Book 4035, Pages 0418-0419, 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 Cresencio Martinez, has been discharged in full: Cresencio Martinez 5257 Cypress Ln Naples, Florida Folio No.: Cost: Reference: 60784200001 $177.23 OSM Case No. 2006020828 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 Cresencio Martinez, and consents to this lien being discharged of record. Dated this ()(,.J.il day of ~b(l.I.o.ry ,2008. By: Atttlt .s Ch4 .tgqturt GIll ~ BOARD OF COUNTY COMMISSIONERS COLLIER JUNTY, F ORIDA. By: :J1Jt. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: ( Jeff Assis This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples. Florida 34] 04 (239) 403-2496 *** 4135166 OR: 4335 PG: 0460 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COURTY, FL 03/04/1008 at 09:30AM DWIGHT B, BROCK, CLBRK RBC m 10,00 coms 1.00 Retn: CLBRK TO THB BOARD IRTBROmCB 4TH FLOOR BXT 8406 16 i!-, fi/ RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated February 17, 2006, a certified copy of which was recorded on February 24, 2006, in O.R. Book 3988, Page 0987, 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 Johnnie McSwain Thomas Est., c/o Lucy R. Riley, has been discharged in full: Johnnie McSwain Thomas Est., c/o Lucy R. Riley 405 Carver St Naples, Florida Folio No.: Cost: Reference: 66930360003 $179.19 OSM Case No. 2005100215 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 Johnnie McSwain Thomas Est., c/o Lucy R. Riley, and consents to this lien being discharged of record. Dated this Jltt/) day of r.tJJru.at"i ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA , CHAIRMA By: ^. 'Ll "~ J ~ tl, 0-(. By: AU;;t IS to , . . ui Clerk "llM~ OIl!. Approved as to form and legal sufficiency: t ri t tant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135167 OR: 4335 PG: 0461 *** RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:30AM DWIGHT E, BROCK, CLBRK REC!BE 10,00 COPIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certil)- 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 February 5, 2007, in O.R. Book 4178, Pages 2584-2585, 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 Ashby and Denise Gilkeson, has been discharged in full: Ashby and Denise Gilkeson 5960 Green Blvd Naples, Florida Folio No.: Cost: Reference; 38336640009 $27,500.00 OSM Case No. 2005-040921 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 Ashby and Denise Gilkeson, and consents to this lien being discharged ofrecord. Dated this dr,oVl day of ~(lJ.a.(y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: ll..u..u.' ~n(. ataI\ as to ,puty Clerk .t~ 011'" By: Approved as to form and legal sufficiency: t This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135168 OR: 4335 PG: 0462 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/1008 at 09:36AM DWIGHT B, BROCK, CLBRK RBC FEE 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 ,:! RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated June 3, 2005, a certified copy of which was recorded on July 6, 2005, in OR Book 3837, Page 0553, 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 Dave Mobley Est., has been discharged in full: Dave Mobley Est. 157 4th Street Naples, Florida Folio No.: Cost: Reference: 77213480000 $115.19 OSM Case No. 2005040747 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 Dave Mobley Est., and consents to this lien being discharged of record. Dated this d~ ill day of F' -v:>rua.fY ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIRM By:_~.. ~~C(r ...., ,-- 't" ,D uty Clerk ....wt1 at to ~ I..... , . flNtllrt.on I . By: Approved as to form and legal sufficiency: ~ Jeff ght Assis t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 341 04 (239) 403-2496 *** 4135169 OR: 4335 PG: 0463 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:36AM DWIGHT E, BROCK, CLERK REC PEE 10,00 COFIES 1.00 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR BIT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certiJY that the claim of lien arising out of the Order of the Special Magistrate dated July 6, 2007, a certified copy of which was recorded on August 10, 2007, in O.R. Book 4268, Pages 3964-3965, 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 Melquiades Segura and Maria Segura, has been discharged in full: Melquiades Segura and Maria Segura 612 Jefferson Avenue W Immokalee, Florida Folio No.: Cost: Reference: 63856040002 $400.00 OSM Case No. 2006-120370 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 Melquiades Segura and Maria Segura, and consents to this lien being discharged of record. Dated this at,4h day of uhruary ,2008. ATTEST: . DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J Al .J()1 ~~~ By: J)..uu ~ ~ ro .'-~ Atust IS to I ~ty Clerk 11gqt.... ORl- Approved as to form and legal sufficiency: ~ Jef W .ght Assis ant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135170 OR: 4335 PG: 0464 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:36AM DWIGHT B. BROCK, CLBRK RBC m 10,00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BiT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated April 20, 2005, a certified copy of which was recorded on April 26, 2005, in O.R. Book 3783, Page 0764, 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 Anthony Cesa, Beverly Frato and Joseph Frato, has been discharged in full: Anthony Cesa, Beverly Frato, and Joseph Frato Naples, Florida Folio No.: Cost: Reference: nla $118.42 OSM Case No. CO# 2005010252 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 Anthony Cesa, Beverly Frato and Joseph Frato, and consents to this lien being discharged of record. Dated this O?(,f~ day of y-dJ fuo.y y ,2008. ATTEST:. '. . DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER /TY, FLORIDA BY~~ , CHAIRMif By: D.lH..I '~o.(. Atttlt IS to 1 . up Clerk .ignature (0)- Approved as to form and legal sufficiency: Jeff ht Assist t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135171 OR: 4335 PG: 0465 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:36AM DWIGHT B, BROCK, CLBRK RBC m 10,00 COPIRS 1.00 Retn: CLBRK TO THB BOARD INTBROmCB 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Magistrate dated September 7, 2007, a certified copy of which was recorded on September 26, 2007, in O.R. Book 4285, Pages 1768-1769, 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 John Coffman and Joan Coffman, has been discharged in full: John Coffman and Joan Coffman 3508 Dorado Way Naples, Florida Folio No.: Cost: Reference: 68045200001 $158.00 OSM Case No. 2005-080950 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 John Coffman and Joan Coffman, and consents to this lien being discharged of record. Dated this JiI-Ift day of P'.dJru.ary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . B:~~ to ct~~C~kL. By: "gn.turt 0111- Approved as to form and legal sufficiency: , CHAIRM ~ Jef ight Assis ant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135172 OR: 4335 PG: 0466 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR CODNTY, FL 03/04/2008 at 09:36AM DWIGHT B, BROCK, CLBRK RBC m 10.00 COPIBS 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated August 22, 2006, a certified copy of which was recorded on September 6, 2006, in O.R. Book 4101, Pages 0169-0170, 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 Shirley Hufford, has been discharged in full: Shirley Hufford 1058 Elrado St Naples, Florida Folio No.: Cost: Reference: 63401960003 $129.58 OSM Case No. 2006060894 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 Shirley Hufford, and consents to this lien being discharged of record. Dated this dlJ.JJ.. day of ...flJ, (U AI V ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 11"'un OIll By: Approved as to form and legal sufficiency: ~ Jeff ght Assist t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135173 OR: 4335 PG: 0467 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/01/2008 at 09:36AK DWIGHT E, BROCK, CLERK REC FBi 10,00 COPIES 1,00 Retn: CLBRK TO THE BOARD INTEROFFICE lTH FLOOR EXT 8106 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated May 6, 2005, a certified copy of which was recorded on May 13, 2005, in O.R. Book 3797, Page 3842, 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 Juan Acevedo, has been discharged in full: Folio No.: Cost: Reference: n/a $300.00 OSM Case No. SO 145152 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 Juan Acevedo, and consents to this lien being discharged of record. Dated this ;JuJr. day of FtJ,ru."'1 ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C,NTY, FLORIDA . By: J7R.- ,CHAI By:fulLl ~ Q.{. Mttst as' to, ,'uty Clerk "plIt"" Oft 1 · Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34] 04 (239) 403-2496 *** 4135174 OR: 4335 PG: 0468 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL OJ/04/2008 at 09:J6AK DWIGHT B, BROCK, CLBRK RBC m 10.00 coms 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated April 6, 2007, a certified copy of which was recorded on April 19, 2007, in O.R. Book 4215, Pages 4130-4131, 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 Delius Adeka, has been discharged in full: Delius Adeka 5314 McCarty Street Naples, FL Folio No,: Cost: Reference: 62047120101 $6,339.28 OSM Case No. 2006-020265 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 Delius Adeka, and consents to this lien being discharged ofrecord, Dated this ~t,~~ day of ~{(.(4(Y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER /TY, F ORIDA By: J~ By: Jl.UH lcf '~~ J{A.()L . , puty Clerk Attest IS to Ch.11 rNll , ., g11ltUl"t 00 1 . Approved as to form and legal sufficiency; ~ Je 'gH Assis ant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135175 OR: 4335 PG: 0469 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/01/2008 at 09:36AM DWIGHT B, BROCK, CLBRK RBC m 10,00 coms 1,00 Retn: CL8RK TO THB BOARD INTBROFFICB lTH FLOOR BIT 8106 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated April I, 2005, a certified copy of which was recorded on April 26, 2005, in OR Book 3783, Page 0757, 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 Charles Aylsworth, has been discharged in full: Charles Aylsworth 2853 Poinciana Drive Naples, Florida Folio No.: Cost: Reference: 62570840000 $606.95 OSM Case No. CO# 2005020630 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 Charles Aylsworth, and consents to this lien being discharged of record. Dated this Jill~ day of f'.drua.ry ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA ,CHAI By: 1)1111 ~ IJ;i,U L OL . MUst a, tol ,\ty Clerk 11gNtur. 0f11. By: Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135176 OR: 4335 PG: 0470 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/01/1008 at 09:36AM DWIGHT 8, 8ROCK, CL8RK RBC m 10.00 COPI8S 1.00 Retn: CLBRK TO THB BOARD INTBROmCB ITH FLOOR BIT 8106 16A7 RELEASE AND SATISFACTION OF LIEN This is to certifY that the claim of lien arising out of the Order of the Special Master dated May 6, 2005, a certified copy of which was recorded on May 13, 2005, in O.R. Book 3797, Page 3869, 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 Martin and Louisiana Mena, has been discharged in full: Martin and Louisiana Mena 2572 River Reach Drive Naples, FL Folio No.; Cost: Reference: 69654640006 $110.10 OSM Case No, 2005010536 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 Martin and Louisiana Mena, and consents to this lien being discharged of record. Dated this a4t~ day of Kt,bru,afY ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:f)JlU ~~O.{- Atttst as , Clerk 119l11t"" OIl . . By: ,CHAI Approved as to form and legal sufficiency: 'ght t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135177 OR: 4335 PG: 0471 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:36AM DWIGHT B, BROCK, CLBRK RBC FBi 10,00 COPIES 1.00 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated June 2, 2005, a certified copy of which was recorded on July 6, 2005, in O.R. Book 3837, Page 0557, 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 Manuel Lamoglia, has been discharged in full: Manuel Lamoglia 2268 Hunter Blvd Naples, FL Folio No.: Cost: Reference: 36312240001 $2,148.37 OSM Case No. 2004120483 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 Manuel Lamoglia, and consents to this lien being discharged of record. Dated this JlJ#1 day of F.t.hrutJ.1 ,2008. ATTEST: DWIGHT E.BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLl7Y' FL RlDA .By: By: _()...L.u..l ~ () L Ilttett IS to ! ~ Clerk li...t..... 0(11- , CHAIRMA Approved as to form and legal sufficiency: r' ht t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135179 OR: 4335 PG: 0473 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL OJ/04/1008 at 09:44AM DWIGHT B, BROCK, CLBRK RBC FBB 10,00 coms 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 10, 2006, a certified copy of which was recorded on August II, 2006, in O.R. Book 4087, Pages 2477-2478, 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 Ricardo and Irma Montes, has been discharged in full: Ricardo and Irma Montes 3504 Carson Lakes Circle Naples, FL Folio No.: Cost: Reference: 25577800721 $141.09 OSM Case No. 2006040689 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 Ricardo and Irma Montes, and consents to this lien being discharged of record. Dated this ;;;~ #I day of r-i.-bruary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER /TY, F ORIDA. By: Jr'Jt- , CHAIRMAN BY:~, ~~'~I4"Or... ,.1 - , .t~ ~ ,4T t} flerk Approved as to form and legal sufficiency: t ht County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135180 OR: 4335 PG: 0474 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 0310412008 at 09:44AM DWIGHT B, BROCK, CLBRK RBC FEE 10,00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICB 4TH FLOOR BIT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 22, 2006, a certified copy of which was recorded on September 6, 2006, in OR Book 4101, Page 0173, 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 Noe and Ivon Munoz, has been discharged in full: Noe and Ivon Munoz 5317 Warren St Naples, FL Folio No.: Cost: Reference: 62150760005 $126.22 OSM Case No. 2006050687 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 Noe and Ivon Munoz, and consents to this lien being discharged of record. Dated this a(,ih day of F~f'lAQ.f'Ij ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER ymTY, F ORIDA. By: ,:Jf)1.-- By: Cl.u II ~ I,Q.(. ! Malt " to t,,~,r1i1#1\uty Clerk \ at...turt 001. Approved as to form and legal sufficiency: . ht t County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135181 OR: 4335 PG: 0475 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/200S at 09:44AK DWIGHT E, EROCK, CLERK REC m 10.00 COPIES I.OO Retn: CLERK TO THE BOARD INTEROFPlCE 4TH FLOOR EXTS406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated September 22, 2005, a certified copy of which was recorded on September 23, 2005, in O.R. Book 3896, Page 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 Frank Lagonigro, has been discharged in full: Frank Lagonigro 724 96th Ave N Naples, FL Folio No.: Cost: Reference: 62768200009 $140.05 OSM Case No. 2005020112 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 Frank Lagonigro, and consents to this lien being discharged of record. Dated this J~ II> day of ~br(,.u.lt"y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::LLlliIl: . , CHAIRMAIf' By:lY.LtA ~((I~ to!..... Attest as to C f'1IIit uty Clerk .'...tan CMI I · Approved as to form and legal sufficiency: ~~ J ef right Assistant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135182 OR: 4335 PG: 0476 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:44AK DWIGHT B, BROCK, CLBRK RBC FBB 10.00 COFIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A? 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, Pages 1726-1727, 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 Julia Gomez, has been discharged in full: Julia Gomez 419 Jones St Immokalee, FL Folio No.: Cost: Reference: 56405040004 $137.30 OSM Case No. 2006070379 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 Julia Gomez, and consents to this lien being discharged of record. Dated this ;)lI-lil day of F..<.,bruary ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER rTY, FLORIDA . By: .J~ -1/ . ~ By:_().u.,u ~O( IIttUt It to ChQ1~uty Clerk 11gMtlll"f 01\1. Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135183 OR: 4335 PG: 0477 *** RECOROED in OFFICIAL RECORDS of COLLIER COUNTY, FL OJ/04/1008 at 09:44AM DWIGHT E, BROCK, CLERK REC FBB 10,00 coms 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 840& iA7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 10, 2006, a certified copy of which was recorded on August 11, 2006, in O.R. Book 4087, Page 2484, 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 Esteban and Rita Martinez, has been discharged in full: Esteban and Rita Martinez 1401 Papaya St Immokalee, FL Folio No.: Cost: Reference: 30680080009 $130.12 OSM Case No. 2006050760 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 Esteban and Rita Martinez, and consents to this lien being discharged of record, Datedthis J(,+h day of Flbru,ary ,2008, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::LLTt:A. , CHAIRM~ By: _llu..u t;f,.:;e,J-c.,O.(- Attest as to Ch )mty Clerk 11g1'1ltlll't 0111, Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135184 OR: 4335 PG: 0478 *** RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:44AK DWIGHT B, BROCK, CLBRK RBC FBB 10,00 coms 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 ~6A? 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, Pages 0686-0687, 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 Francis P. Lord, has been discharged in full: Francis P. Lord 313 9 Caledonia Avenue Naples, FL Folio No.: Cost: Reference: 61780280008 $127.80 OSM Case No. 2006040832 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 Francis P. Lord, and consents to this lien being discharged of record. Dated this ~(, PI day of fih (1.1 ary ,2008. By: fLu{J~().t Mttlt IS -to & I 1f:y Clerk \St...turt 001. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIERYUNTY, F ORIDA. . By; Jf'Jt ATTEST: DWIGHT E. BROCK; Clerk . Je~~ Assis nt County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34] 04 (239) 403-2496 *** 4135185 OR: 4335 PG: 0479 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/2008 at 09:44AM D~IGHT E, BROCK, CLERK REC !BE 10.00 COPIES 1,00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EIT 8406 16A? 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 0298, 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 Patricia K. Sullivan, has been discharged in full: Folio No.: Cost: Reference: n/a $50.00 OSM Case No. SO 152122 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 Patricia K. Sullivan, and consents to this lien being discharged of record. Dated this J(,I-}-' day of r.t.bru.(.uy ,2008. By: llll (.A t'~ L. O.{ Attest as to 1 ~y Clerk .iglltn Clll h BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By i AI - ~~ ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: t t County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, florida 34104 (239) 213-2939 *** 4135186 OR: 4335 PG: 0480 *** RBCORDED in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 03/01/1008 at 09:11AM DWIGHT 8, BROCK, CLBRK RBC PBB coms 10.00 1.00 Retn: CLBRK TO THB BOARD INTBROmCB ITH PLOOR BIT 8106 , 6A7 j !I!l! 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 February 5, 2007, in O,R. Book 4178, Page 2576 and 2577, 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 BFS Retail and Commercial Operation, LLC, has been discharged in full. Folio No. Cost: OSM No: 74410720003 $19,435,12 2005-040764 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 BFS Retail and Commercial Operation, and consents to this lien being discharged of record. Dated this a~fh day of nbruCiI'Y ,2008. BY:~ Attest as "glIItln 01 BOARD OF COUNTY COMMISSIONERS COLL7UNTY, ORillA By: --." lJL-- A TrEST: DWIGHT E. BROCK, Clerk , CHAIR AN Approved as to form and legal sufficiency: " This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135187 OR: 4335 PG: 0481 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/04/2008 at 09:44AK DWIGHT B, BROCK, CLBRK RBC m 10,00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 8406 16A7 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 2, 2007, a certified copy of which was recorded on March 20, 2007, in O.R. Book 4199, Pages 1612-1613, 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 Tereso Bautista and Emiliana Lopes Vasquez, has been discharged in full: T ereso Bautista and Emiliana Lopes Vasquez 3545 23rd Avenue SW Naples, Florida Folio No.: Cost: Reference: 38045920007 $500.00 OSM Case No. 2005-110329 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 Tereso Bautista and Emiliana Lopes Vasquez, and consents to this lien being discharged of record. Dated this ~(,+h day of (i.brua.,y ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ::L7~A. , CHAIRM~ By: ~ ~O..c... MUIt. t' to C I, ty Clerk .~ Qlll. Approved as to form and legal sufficiency: J ff right As . tant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples. Florida 34104 (239) 403-2496 *** 4135188 OR: 4335 PG: 0482 *** RBCORDBD in OIIICIAL RBCORDS of COLLIBR COUNTY, IL 03/04/1008 at 09:44AM DWIGHT B, BROCK, CLBRK RBC !BE 10,00 coms 1,00 Retn: CLBRK TO THB BOARD INTBRomCB 4TH FLOOR BIT 8406 16A7 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 0294, 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 Janet M. Clark, has been discharged in full: Folio No.: Cost: Reference: n/a $250.00 OSM Case No. SO 151737 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 Janet M. Clark, and consents to this lien being discharged of record. Dated this d(,th day of P-UJrwuy ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA . By:1Yw ~O(- '~ttest as to I , dty Clerk S19ft.~ 0111- By: ,CHAI Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135189 OR: 4335 PG: 0483 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:44AM DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 8406 16A7 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 0296, 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 Edward J. Bauman, has been discharged in full: Folio No.: Cost: Reference: n/a $50.00 OSM Case No. SO 152401 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 Edward J. Bauman, and consents to this lien being discharged of record. Dated this 0l~#J day of P,u,rUtI('/ ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIE7TY, FLORIDA . By: ''i':JL-----.4 .. . - . ~ By: _lttu 1 ~ ~ O. C-. . ,utv Clerk Attnt as to h<<l "S ,........ oAl ~ Approved as to form and legal sufficiency: ight ant County Attorney This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135190 OR: 4335 PG: 0484 *** RECORDED in OFFICIAL RECORDS of COLLIER CODNTY, FL 03/04/1008 at 09:44AM DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLBRK TO THB BOARD INTBROmCE 4TH FLOOR EIT 8406 16A7 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 0295, 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 Phyllis A. Emens, has been discharged in full: Folio No.: Cost: Reference: n/a $250.00 OSM Case No. SO 151709 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 Phyllis A. Emens, and consents to this lien being discharged of record. Dated this d(,#l day of ~(u.f.uy ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COlL~O~ By::JfjL.--- , CHAI AN By: (Lu.-u. ~r:u.-'-tO.t. AttJlt as to I ptlty Clerk Ii on.turt 001. Approved as to form and legal sufficiency: This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135191 OR: 4335 PG: 0485 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/04/1008 at 09:44AM DWIGHT E. BROCK, CLBRK REC PEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 8406 16A7 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 0293, 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 Wilbert M. Beacham, has been discharged in full: Folio No.: Cost: Reference: n/a $50.00 OSM Case No. SO 152418 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 Wilbert M. Beacham, and consents to this lien being discharged of record. Dated this J~~ day of WrutAfY ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER crTY, F ORIDA . By: 1<rn- BY~~U~~'\O ~~~l~~- stlJMtlII't 001. Approved as to form and legal sufficiency: , This instrument prepared by: Arlene Harper Administrative Secretary 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2496 *** 4135192 OR: 4335 PG: 0486 *** RBCORDED in OFPICIAL RECORDS of COLLIBR COUNTY, PL 03/04/1008 at 09:44AM DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTERomCE 4TH FLOOR BXT 8406 16A7 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated August 22, 2006, a certified copy of which was recorded on September 6, 2006, in O.R. Book 4101, Pages 0169-0170, 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 Shirley Hufford, has been discharged in full: Shirley Hufford 1058 Elrado St Naples, Florida Folio No.: Cost: Reference: 63401960003 $129.58 OSM Case No. 2006060894 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 Shirley Hufford, and consents to this lien being discharged of record. Dated this J~ 41\ day of F..J.lJ rua.(t ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . By: CluM' ~O.(. By: MttI\- as .\f) ~ Clerk ItgHturt 00 i · , CHAIRM Approved as to form and legal sufficiency: ~.~ Jeff r ght Assis t County Attorney *** 4135193 OR: 4335 PG: 0487 *** RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 03/04/1008 at 09:44AM DWIGHT E. BROCK, CLBRK REC m 10.00 COPIES 1.00 This instrument prepared by: Jerr E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, F]orida 34104 (239) 2]3-2939 Retn: CLERK TO THE BOARD INTEROmCE 4TH FLOOR EIT 8406 16A? RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated April 6, 2007, a certified copy of which was recorded on April 19,2007, in OR Book 4215, Page 4144 and 4145, 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 Brenda Soto, has been discharged in full. Brenda Soto 5410 Catts Street Naples, FL Folio No. Cost: OSM No: 52399800008 $350.00 2005-080446 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 Brenda Soto, and consents to this lien being discharged of record. Dated this J~~ day of r.u,ru.o,fY ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ByJLu.,1l ~~Ii!dl' Q.C. By: Attllt as to ru uty Clerk S1Q11.tUl't 001' . . ,CH AN Approved as to form and legal sufficiency: ~ Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si nature, draw a line thrau h routin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. 2. n ~'.;;J -0 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chaimlan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff J Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION I\~ I-+O\>\~l.OoQ:[ t1 l..lu.le ~ ~O LvlloN. Phonc Number x S t5"1- le./J, - III I Agenda Item Number OB,t1 Number of Original Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicab]e column, whichevcr is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signedlinitialed for lega] sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, /' resolutions, etc. signed by the County Attorney's Officc and signature pages from contracts, agreements. etc. that have bcen fully executed by all patties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's - Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ,- document or the final negotiated contract date whichcver is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ,./ signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of BCC approval. ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on :J.~"'- D'il (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The ~ an option for County Attorney's Office has reviewed the chan~es, if applicable. line 6. INSTRUCTIONS & CHECKLIST I: forms! County forms/ Bee forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 4, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-42 Enclosed please find one copy of the document as referenced above (Agenda Items # 16AI0), approved by the Board of County Commissioners on Tuesday, February 26, 2008. If you should have any questions, please feel free to contact me at 252-8411. Thank you. Enclosure 16Al0 16A10 RESOLUTION NO. 08-E- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MEDITERRA PARCEL 103, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 26 THROUGH 29; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE VILLORESI NEIGHBORHOOD ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 14,2000 approved the plat of Mediterra Parcel 103 for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Mediterra Parcel 103, pursuant to the plat thereofrecorded in Plat Book 34, pages 26 through 29, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Villoresi Neighborhood Association. This Resolution adopted after motion, second and majority vote favoring same, this ;}ftJ#1 day of F.ilJrt-l/lt1 ,2008. " ,?J, ", ~. BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, LORIDA 6( Approved as to form and legal sufficiency: Item # {(OAIO Agenda 2..-Iz. k Ire: Dale ~~j ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. Attach to original document. Original documents should be hand delivered La the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. lfthe document is already complete with the exee tion of the Chairman's si ature, draw a line throu h roulin lines # I thrau h #4, com Jete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order 1. Ji 2. ;). )of.,. 0 'g 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summa!)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCC office only after the BCe has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number k sg 1- \-1 2h 101 Agenda Item Number Ic,...A' I ~c.t ,,\- ~ "'" 3 Number of Original Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not aonrooriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for ]egal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, /' resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's r' Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~ document or the final ne2:otiated contract date whichever is aODlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ,,/ signature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC ond.;;ll. ,(1 V (enter date) and all changes N/A is not made during the meeting have heen incorporated iu the attached document. The 9f an option for Countv Attornev's Office has reviewed the chanves, if annlicahle. line 6. INSTRUCTIONS & CHECKLIST J: Forms/ County Forms/BCC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 16All MEMORANDUM Date: March 4, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-43 Enclosed please find one copy of the document as referenced above (Agenda Items # 16All), approved by the Board of County Commissioners on Tuesday, February 26, 2008. If you should have any questions, please feel free to contact me at 252-8411. Thank you. Enclosure 16All RESOLUTION NO. 08- 43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CLASSICS PLANTATION ESTATES, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 87 THROUGH 90; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CLASSICS PLANTATION ESTATES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 6, 2001 approved the plat of Classics Plantation Estates, Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Classics Plantation Estates, Phase One, pursuant to the plat thereof recorded in Plat Book 37, pages 87 through 90, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Classics Plantation Estates Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this ~d~~o\ F'L'orw.ry ,2008. ;1..,' C",~>,., DA 1;~\i:~:;!:f(:l\.~€ AmST" . '. . D:~I ::;mt~~ ,. '..'.. :~::~url:~~l~,~~~U~~;i:~~1 sufj7fi~rcY: , I I BOARD OF COUNTY COMMISSIONERS COLLIER ~~Y' FRIDA By: :JfJ1-- TOM HENNING, CHAIRMA Item # I~A-Il Agenda Zhk ftif: Date ~. Date z..J., ill~1:. ~~~~c Deputy Clerk ....-:""" \D (tlCY"d .3"'3~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 Pr;nt on pink pap}~~h ~~~~)C~,~,S~~'~';":n~~~~!c~~~l~~~'~~ l~r,~,~~~,~~~o~,~~~~~~~nd original C 1 do(.;umcnts are 1.0 be forwarded 1.0 the BOard Office only afh'f the Board l1<)s taken uction on lhe item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec tion of the Chainnan's si nature, draw a line throll h routin lines # 1 thrau h #4, com Jete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents nccding the Bee Chairman's signature are to he delivered to the Bee ol1lce only altcr the Bee has acted to approve the item. 3. 4. Board of County Commissioners Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was February 26, 2008 Agenda Item Number 16CI A roved b the BCC Type of Document Executive Summary, Number of Original Attached Satisfactions of Lien Documents Attached 5. Sue Filson, Executive Manager 6. Minutes and Records Clerk of Court's Office Yes (Initial) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 2/26/2008 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 1J~ :ye 'j) t!- ..ilC!.. ....J/ ~pl? -])t. 2. 3. 4. 5. 6. I: Fomlsl County Fomlsl Bee Forms! Original Documcnts Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EXECUTIVE SUMMARY 16Cl 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, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $68.50 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1991, 1995, and 1996 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Resolution No. 2000-237 adopted by the Board on August 1,2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the five accounts that have paid in full for the 1991, 1995, and 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMP ACT: The fiscal impact for recording the Satisfactions of Lien and the Resolutions is approximately $68.50, which is to be charged to County Water/Sewer Operating Fund (408). 16Cl GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolutions and authorizing the Chairman to sign the five Satisfactions of Lien for the 1991, 1995, and 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. RESOLUTION NO. 2008 _ 44 16Cl A RESOLUTION APPROVING SATISFACTIONS OF LIEN FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991, 1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS t'l ~ I--I"-:>~ -...J=l::"""<'D l\J>-i'fI:><:J...... C>::l:oo :::I J::=:.~:-:-<: .. o_~ WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of ~ :: ='" = County Commissioners on January 26, I 993 adopted Resolution No. 93-29 authorizing the recording ~, = ,- - = '-'l t:cJ '" of notices of liens for the delinquent solid waste collection and disposal services special assessments ~ = = ~, for 1991; and WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County = :::; co = -.= = = Commissioners on August I, 2000 adopted Resolution No. 2000-236 authorizing the recording of.;s. ~ ~...... ~ notices of liens for the delinquent solid waste collection and disposal services special assessments for :: :: ~ ....,.~~ = co 1995 and ;:' ~ ...t:::=. ~ ~.+::::o .~ = ::lII: ;;::: c:> WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of ~ :; ?:' t;-") t:o<:1 "'= .~ ~ ...t:::.. County Commissioners on August 1,2000 adopted Resolution No. 2000-237 authorizing the recording ~ ~ c.....> = 0 <.....> ::O~. ...a:::::. = = = of notices ofliens for the delinquent solid waste collection and disposal services special assessments '" g 'U ~ ~ G'") I:;:-' tx:l ...- = ~, = for 1996 and ~ g c.....> = --l ~--.J ~ ..J;:::::. WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991, 1995, and 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 2000-236, 2000-237, whereupon liens have been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 22282 24536 29696 87308 94252 - ,- = = = = ~= =- ~= = '0 = = ~ = = This Resolution adopted this d.i.L day of Febr'Ul1..r~, 2008, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ ~~O.C-. Atttft . to Qi , . ~~s""tm and lega f . cy: ~ BY; TOM 16Cl ><- ><- ><- C) ::0 ...". c...., LV ...". --a c;-) LV --:J -..] <...n ><- ><- ><- *** 4134845 OR: 4334 PG: 3776 *** RBCORDBD in OPPICIAL RECORDS of COLLIBR COUNTY. PL 03i03i2008 at 02:31PM DWIGHT B. BROCK. CLERK RBC PEB 10.00 coms 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Retn: CLERK TO THE BOARD INTBROPFICE 4TH FLOOR EX! 7240 Property Folio No. 64920280001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: AYALA, MARY GARCIA 1706 PALM AVE IMMOKALEE FL 33934-0000 The Lien was recorded on the 1st day of February 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST S 93FT N 186FT LOT 4 + S 94FT LOT 4 OR 818 PG 660 Folio No. Project No. Account No. 64920280001 60000 87308 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 01 ~ t;h day of Fehruo.. ")i . 2008. ATTEST: DWIGHT E. BROCK, CLERK . .to By: TOM ~avid C. eigel County Attorney 16Cl This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 4134846 OR: 4334 PG: 3777 *** RECORDED In OFPICIAL RECORDS of COLLIBR COONTY, PL OJ/OJ/2U08 at 02:J1PM DWIGHT B. BROCK, CLERK RBC PEE 10.00 coms 1.00 Retn: CLERK TO THB BOARD INTEROmCB 4TH FLOOR EKT 7240 16C1 Property Folio No. 68342480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MORRIS, EARL W & KATHY A 66 ISLE PF ST THOMAS NAPLES 33961-0000 The Lien was recorded on the 1 st day of February 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Ninety Nine Dollars and Forty Four Cents ($199.44) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PORT AU PRINCE L T 66 OR 1145 PG 1568 Folio No. Project No. Account No. 68342480003 60000 94252 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 61 tP t:h day of Februa"(4 , 2008. ATTEST: DWIGHT E. BROCK, CLERK a, Ailf:iI!JMIns lift It'Orm a~ ,n~ David C. eigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4134847 OR: 4334 PG: 3778 *** RECORDED In OFFICIAL RBCORDS of COLLIER COUNTY. FL OJi03i1008 at 02:31PM DWIGHT E. BROCK, CLBRK REC PEE ]0.00 COPIES 1.00 Retn: CLBRK TO THB BOARD INTEROmCB 4TH FLOOR m 7240 16Cl Property Folio No. 62203480009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLlAM=& RUTH 5537 SHOL TZ ST NAPLES FL 341138766 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. Project No. Account No. 62203480009 65000 22282 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisO?& day of Febf'ua?4 2008. ' ATTEST: . DWIGHT 'E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, ORIDA . 0.(.. By: This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4134848 OR: 4334 PG: 3779 *** RECORDED In OFFICIAL RBCORDS of COLLIER COUNTY, FL 03103/2008 at 02:31PM DWIGHT E, BROCK, CLERK RBC m 10.00 COPIBS ].00 Retn: CLBRK TO THE BOARD INTERomCE 4TH FLOOR BXT 7240 Property Folio No: 62203480009 16Cl SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BOWER, WILLlAM=& RUTH 5537 SHOL TZ ST NAPLES FL 341138766 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. Project No. Account No. 62203480009 66000 24536 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of Fehrua?l 2008. ATTEST: BOARD OF UNTY OMMlSSIONERS DWIGHT E. BROCK, CLERK COLLIER C NTY, ORIDA . ~~ (ll.LIA ~l.By: ~.n to C1(jtl'lllli}, - TOM HENNING, CHAIRMAN Ap~... todbtm Q7cienc~-; rD!v~ c.;;C County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4134849 OR: 4334 PG: 3780 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 0'/03/1008 at 02:31PM DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 1240 Property Folio No: 68342480003 16Cl SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CATETE, JOSE LUIS LUCILA CATETE 66 ISLE OF SAINT THOMAS ST NAPLES FL 341149402 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PORT AU PRINCE LOT 66 OR 1860 PG 1561 Folio No. Project No. Account No. 68342480003 66000 29696 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board thisdC.:z.. day of Fehru..~ 2008. . ATTEST: DWIGHT EO, BROCK, CLERK BOAR..~OF OUNTY COMMISSIONERS COLLIER OUNT LORlDA . By: . TOM HENNIN , CHAIRM ApM~\\t"a\m'lorm and legal sufficiency ~ ~/ 1; David C. igel County Attorney 10 {((oid 3-3~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Origmul documenls should be hand dchvcrcd to the Board Ot1icc. n1C completed routing slip and original documents are to he forwarded to the Board Office only afh.'r the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec lion of the Chainnan's si ature, draw a line thrall h routin lines # 1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order) 1. 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's sIgnature are to he dcliver..:d to the Bce office only after the Bee has acted to approve the item.) 3. 4. Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was February 26, 2008 Agenda Item Number 16C2 Approved bv the BCC Type of Document Executive Summary, Exhibit A and Number of Original I Attached Satisfaction of Notice of Claim of Lien Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 1}6 ;])(!.,. J)~ 1)C 1)~ 1J~ 6. Minutes and Records Clerk of Court's Office I: Forms/ County Fomls/ Bee Forms/ Original Documcnts Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in lhe Nol Applicable column, whichever is a fO nate, Original document has been signed/inilialed for ]egal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossib] State Officials. All handwritten strike-through and revisions have been initialed by lhe County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bec office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines~ The document was approved hy the BCC on 2/26/2008 (enter date) and all changes made dnring the meeting have been incorporated in the attached document. The Count Attorne lS Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. EXECUTIVE SUMMARY 16C2 Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's Sewer Impact Fee (Fund 413) by $1,055.00. The fiscal impact for recording this Satisfaction of Claim of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. EXHIBIT "A" 1. J. Bryan Emory & June P. Riggin, securing the principal balance of one thousand fifty five dollars ($1,055.00). Folio# 31155007024. 11:0, f!6.02 .~-, v This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 4134814 OR: 4334 PG: 3736 *** RBCORDED In OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/03/1008 at 02:16PM DWIGHT B. BROCK, CLBRK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTERomCE 4TH FLOOR BXT me 16C2 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: J. BRYAN EMORY AND JUNE P RIGGIN 19237 SAVANNAH ROAD GEORGETOWN, DELAWARE, 19947 The Lien was recorded on the 10TH day of February 2005, in Official Record Book 3731, Page(s) 3982, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Fifty Five Dollars and No Cents ($1,055.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT #3 ZIRCON, ENCHANTING SHORES CO-OP, A CO-OPERATIVE MOBILE HOME PARK LOCATED IN COLLIER COUNTY FLORIDA. FOLIO NUMBER: 31155007024 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of FebruQ;:J ,2008. .... ,,,,,,'. ATTEST: DWIGHT E. BROCK, CLERK ~~lt. /4e:rQG~ ......... 011 h ' Approved as to form and Legal sufficiency: ~ /KJwCEl COUNTY ATTORNEY BOARD OF COUNTY COMMtSSIONERS COLLIER COUNTY, FLORiDA, AS THE _ GOVERNING BODY OF CQLUERCOUNTY AND AS EX-OFFICIO THE GOVERNING BOARDOp: THE COLLIER COUNTY WATE;R-SEWER" DISTRICT, . Td~N,"~A~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original dOCllt11~1l1s should he hand delivered to the 8o<:lrd Ornce. The completed routing slip and original documents are to be Ic)rwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inlormation needed. If the document is already complete with the r h Ch' d I' h r # h h #4 I h h k' d . exceptIOn 0 t e airman s sIgnature, raw a me througl routmg tnes It roug , complete tee ec "lIst, an forward to Sue Filson (lme #5). Route to Addressee(s) Office Initials Date (List in routin!!: order) I.Frank Ramsey Housing and Human Service .::ti-- Z/zv 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of tile original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chainnan's signature are to be delivered to the BCe office only after the Bee has acted to approve the item. Name of Primary Slaff Frank Ramsey. Housing Manager Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 ]6D Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board lbe Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on 02/t2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. 1( '4/-... 7f-. 7(c n/a 2. 3. 4. 5. 6. 1i 17C I: Forms/ County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4134088 OR: 4334 PG: 1225 RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY. Fl 01/19/1008 at 01:10PM DWIGHT B, BROCK, CLER~ REC FEE COPIES 27.00 3.00 \) Frank Ramsey Collier County HHS 3301 F:. Tamiami Trail Naples, Florida 341 12 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT7W 16D1 File# 08-133-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .d...& day of January. 2008, between Collier County. a political subdivision of the State of Florida (COUNTY) and "Margarita Del Socorro Escobar" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impacl fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective dale of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A." which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against Ihe dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and Ihis Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tcnant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1226 may, at its sole option, collect the impact fee amount in default as set forth in the ordinal,6 D 1 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO INTY, F ORIDA, . .J/ By:JllUJ, ~1~. C\L' , r: lerk Attht II. CWI " 11",.turt CMll- By: OWNER: I-k~~ eLf fmMO &~ ~el Socorro Escobar ~es.ses' /. ; r )J)~~~ Print Name I . tfS. STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: 2008, greement was acknowledged before me this ~ day of J{,U\\JO-'~ ' \). . xo\.,c,.c, who is personally known to me or has pr uced as proof of identity. Ap an /} ~~/U- '~2QFJ~.4 Signature of Person Taking Ackno~ledgment ssista Recommend Approval: ~id^~~ Director Collier County Housing and Human Services *** OR: 4334 PG: 1227 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 165, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13417 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved_I_I_ Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $4 I 0.00 $171.61 $3,415.00 $3,515.00 $19,372.46 16Dl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board Office lhe completed routing slip and original documents are to be lorwarded to the Board Office only after the Board has taken aclioll on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention aCthe Chairman's sionature, draw a line throul1h routinp lines # 1 through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!? order) I.Frank Ramsey Housing and Human Service '7? ?-/7 '6 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey. Housing Manager Phone Number 252-2336 16D - 2-- Yes (Initial) NIA (Not A licable) Agenda Item Number t Fee Deferra] Agreement Number of Original Documents Attached '1{ nla .fL '% 11 ff- I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracls. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossib] State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arlies exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. [n most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the ehan es, if a licable. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 2. 3. 4. 5. 6. \(7 \ Return to 4134089 OR: 4334 PG: 1228 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 01/29/2008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEE COPIES 17.00 UO Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Floridll34112 Retn: CLERK TO THB BOARD INTEROmCE 4TH FLOOR EXT 7140 16D2 File# 08-134- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into Ihis 2li.. day of January, 2008. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Esaie Foreste and Lyla Foreste" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of Ihe Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impacl fees deferred shall be paid 10 the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the Iransfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the tolal fee amount 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with Ihis Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interesl, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner. lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory complelion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default undcr the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY - OR: 4334 PG: 1229 may, at its sole option, collect the impact fee amount in default as set forth in the ord:n~,D 2 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of Ihe County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK; Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, B;: (\.LuA ~n-.twtJ'p.c- IlttUt IS Chi? flerk ItllftWt 0111- By: '..'6' YltUk OWNER: /-7' ~ . ./ /. if; ,~ . t1'J, 0 (~'7G:J . Esaie Foreste / W~~ /? :J ;>u- / piintName A);" ."",- ~. 1M, . 7 OWNER: Y;j ttlm. ~ L;''-t~reste ! u u/ S - STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agreement was acknowledged before me this ;28 day of j(,nIJOI "ls ' by Eso~e .. [..:,10 ~"'J\e , who is personally known to me or has prod ced , as proof of identity. _.. -- [NOTARIAL SEAL] Recommend Ap /-1 L~ cy Krumbin PA Director Collier County Housing and Human Services *** OR: 4334 PG: 1230 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 161, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13437 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved -.-1_1_ 16D2 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board OHlee. The completed routing slip and original documents are to be forwarded to the Board Office only after thi; Board has taken action on the item.) ROUTING SLIP 16D3 Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception afthe Chairman's signature, draw a line throUl:!h routing lines # I Ihrou 111 #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl!: order) I.Frank Ramsey Housing and Human Service 7t ? /l I{ 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ot'the addressees above, including Sue Filson, need to contact stafT for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D- :::, Yes (Initia]) N/A(Not A licable) Agenda Item Number Impact Fee Deferral Agreement ~ Number of Original Documents Attached -It ,. #- n/a I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception ofrnost letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to Ihe Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Oftice and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uircd. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the ehan es, if a lieable. 7L lIL 71--- 2. 3. 4. 5. 6. I: Forms/ County Forms/ BCC Fanus/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rcvist:d 2.24.05 Return to 4134090 OR: 4334 PG: 1231 RBCORDED In OFFICIAL RBCORDS of COLLIBR COUNTY. FL 01/19/1008 at 01:50PM DWIGHT E, BROCK. CLERK REC PEE COPIES 17.00 3.00 \;0-; Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTERomCE 4TH FLOOR BX1'7240 16D3 File# 08-BI-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this :J8 day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Antoinette Laguerre" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County. Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impacl fees shall be paid in full to the COUNTY not later then the closing of the sale, or not laler then Ihe effective date of the transfer. As set forth in Exhibit "8," the amount of the dcferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operale as a lien againsl the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred. assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest. this I ien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any I ien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement. and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1232 may, at its sole option, collect the impact fee amount in default as set forth in the ordinan!,6 D 3 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the ofticial records of the County at no cosl to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY. 'LORIDA. '0 BY:_tl.uu ).~oe Attest IS to6cw.~ ty flerk I f9!tlt.".. on I . ~, " . By: l:sit" Print Name i~%~\1' S)(PXY'\Ot!\ OWNER: (J/k~ )'.cL~~e Antoinette Laguerre OWNER: Witn ses: Print Name r STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The f9.,regoing Agreement was acknowledged before mc this ~ day of J'lrlllClI'-l , by / -\ ' Lo.3 ,-x, rt: , who is pes.sonally known to me or has pr6duced '. as proof of identity. 1 ~m :~tl~ ~ Signature of Person Taking Ackno edgment [NO' _ .' " ,..; (11(,\ TREJO : ~ \: 1,;\f'I:';' ;'~:)~I'iJ(jl;!:t ';",;l.!t,~ ""ii, ,'" :'[)':1 ~ '''' ,,,,,,,. ;."" S v""'..r'_",.J","'~'\I'VV'v,,-vV'.~ Ap and ow ounty Attorney R~mmend Appr. ~~ ~ ~rumbi e, MPA Director Collier County Housing and Human Services Jeffr Chie *** OR: 4334 PG: 1233 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 163, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13427 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES J AK Approved _/_1_ Amount Owed $100.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 16D3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the [~oard OHicc The completed routing slip and original documents aTe to be Il)rwardcd to the Board Office only after the Hoard has wkcll actioll 0111hc item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the rth d r h h r #1 h h #4 I I h kl d" d S F.l (r #5) exception 0 e Chairman's sIgnature, raw a me t mugr routmg mes t rougt , comp elc tIC c ec 1St, an orwar to ue I son me Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service rf- 2/2-,1)' 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman '5 signature are to be delivered to the BeC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date [tern was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D "y Yes (Initial) N/A (Not A licable) Agenda Item Number Number of Original ocuments Attached -:U -Il -1t- ,*c Y.. n/a I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, musl be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk 10 the Board and ossibly State Officia]s.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all olher arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on Ihe appropriate pages indicaling where the Chairman' s si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 71- '7JL 2, 3. 4. 5. 6. 1: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revi~ed 1.26.05, Revised 2.24.05 Return to 4134091 OR: 4334 PG: 1234 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY. FL 0111911008 at 01:50PM DWIGHT E. BROCK. CLBRK RBC PEE COPIES 27.00 3.00 \; fir; Frank Ramsey Collier County HHS 3301 E. Tamillmi Trail Naples, Florida 34112 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR BXT 7140 16D4 File# 08-132-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this./8 day of January. 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Antoine Joseph and Saintherese Joseph" (OWNER). collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, Ihe receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impacl Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement. the terms of the Ordinance shall apply. 2, The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B." the amount of the deferred impact fees is Twentv Six Thousand Two Hundred Fortv and 68/1 00 Dollars ($26.240.68). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfac1ion of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with Ihe land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interesl in the dwelling unit of any owner, lessee, tenant, mortgagee. or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written nolice is provided to the OWNER, the COUNTY OR: 4334 PG: 1235 may, at its sole option, collect the impact fee amount in default as set forth in the ordinaJe,6 D 4- or bring a civil action to enforce this Agreement, or declare thai the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement. plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis unlil paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIE.7NTY, F ORIDA, . By: ::J'fJL'. ~~ TOM HENNING, CHAIRM By:-f'u.u..... ~,,~.Q-(_ Attest ISCllt> )Ierk Ifgqtwe .1.'1 OWNER: Wit1J~f!w J~ Print Name:Jloe. woe V\ \ ~ J /' .,7 4A"l CJ..U4.e; J ~'5t-l/ht Antoine Joseph OWNER: C (d~~ STATE OF FLORIDA) COUNTY OF COLLIER) Witnesses: //~ Print Name f:)(),;"fljerr-Jp Jo.5e.fl1 Saintherese Joseph 2008, The foregoing Agreement was acknowledged before me this 22f:L. day o(.,>-J)\\uo,'b ' by I?r; 10'''' " /())(j.J1, -t s ~, who is_personally known to me or has pr duced , as proof of identily'. [N~]'i(A7iin() :.~/"" """ , ~..... .-" .,. " ,"li ,.' '. ","\.1'''''\/'\/'1.' V'/,~'" v VVV\/\IV'V'V'\I"V'V , L-L /}~n-/U<.. JL~ Signature of Person Taking AcknoWledgment App and Recommend Approval: Jeffre Chief SSIS tzkow t County Attorney ~~'-P cy Krumbi . PA Director Collier County Housing and Human Services *** OR: 4334 PG: 1236 *** EXHIBIT "A" ,16D4 , t., LEGAL DESCRIPTION Lot 3, Block 14, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. Street Address 5410 Hardee Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed TOTAL IMPACT FEES $100.59 $149.38 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,240.68 A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee l. Law Enforcement Impact Fee J. Sewer System Impact Fee K. Water System Impact Fee JAK Approved _/ _/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original documcnt. Original doclIments should be hand delivered to the Board Office. rhe completed routing slip and original documents are to be f()TWarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the rth Ch .. d r h h r # I h h #4 I h h kr d" d S n (r #5) exception 0 e alTman S Signature, raw a me t rougr roullng mes t rougn , complete tee ec 1St, an orwar to ue 1 son me Route to Addressee(s) Office Initials Date (List in routinl! order) l.Frank Ramsey Housing and Human Service 7t- -'/7~ c>-- ,:_~ 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the nee has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document 1m act Fee Deferra Agreement Attached Phone Number Agenda Hem Number Number of Original Documents Attached 252-2336 ]60-<;"' Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Nol App]icable column, whichever is a ro riate. Original documenl has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other aTties exce t Ihe BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriale pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require fOT\varding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by tbe BCe on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed tbe chan es, if a Iicable. '7r- Tt '-"j' 77"-- ~- '-1-(L.. n/a 2. 3. 4. 5. 6. t? I: Fonns/ County Forms! BeC F'onns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 Rtturn to 4134092 OR: 4334 PG: 1237 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY. FL 01119/2008 at 01:50FM DWIGHT E, BROCK. CLERK REC FEE COPIES 11.00 3.00 \;; V Frank Ramsey Collier County HilS 3301 E. Tamiami Trail Naples, Florida 341 12 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 7140 File# 08-129-IF 16D5 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J 1 day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Oanielle Alexandre" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1238 may, at its sole option, collect the impact fee amount in default as set forth in the ordina~e,6 D 5 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: 11. fill ~I~:lj,~.c Attest. as.to I ~ Clerk 11",aturt OIl . .. BOARD OF COUNTY COMMISSIONERS COLLIE~l)UNTY, LORIDA~ By: ;]'fJt. TOM HENNING, CHAIR Attest: DWIGHT E. BROCK, Clerk ~/ _1.~.' Dani' e Alexan~re OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The fOnOingAgreement was alknowledged before me this .2:..i... day of by q n""i/" /J IN",,/, r,,-, who is personally known to me or as proof of identity. ~"''''..." ),,;, ", \lJi\\L\ !,(Y{,{\:'~I)I~lrl '~. ..,'c... .) ~ - -\,\<:\'.1-," :i ";'11'.1;',: ~ '\~.-,.,., " - .. . \..'~'i )1"-1..,'.;,.. " , .,"V.r\l\...../'\I\.--\.I'..I'Y,Y\I"VV'J~ 'J Z J. ,-4. //ftU/ : ?>~r ~ Signature of Person Taking Ac wledgment mend Approval: Jeffr Chie zkow nt County Attorney J-J!'O a cy Krumbine, A Director Collier County Housing and Human Services *** OR: 4334 PG: 1239 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 162, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13431 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _1_1_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 1605 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dncumt;nts should he hand delivered to the Board OHke. The completed routing slip and original documents are to be forwarded to the Hoard Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information nceded. If the document is already complete with the excention afthe Chainnan's signature, draw a line throu!:!h routiOl~ lines # 1 throuf!h #4, comnlete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routincr order) I.Frank Ramsey Housing and Human Service "7t- -;'/,:-' ~ (.-_./ L_." 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oCthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D- (C, Yes (Initial) N/A(Not A licable) Agenda Item Number Number of Original Documents Attached -:ff::. ~ 7J,( '::f-rC n/a I. INSTRUCTIONS & CHECKLIST Initia] the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCe approval of the document or the final ne otiated contract date whichever is a Ikable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bec office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The Couuty Attorney's Office has reviewed the chan es, if a licable. -::4{ ~ 2. 3. 4. 5. 6. I: Forms/ COW1ty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4134093 OR: 4334 PG: 1240 RECOPDBD in OFFICIAL RECORDS of COLLIER COUNTY. FL 01/29/2008 at 01:50FM DWIGHT E. BROCK. CLERK REC PEE COFIES 17.00 3.00 /\) \) Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7140 16D6 File# 08-136-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 31- day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jose 1. Rosas Arroyo and Maria E. Rosas" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19.372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1241 may, at its sole option, collect the impact fee amount in default as set forth in the ordinal,6 D 6 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROC;:K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:C,,-, 1 U. =oJ L-O.C _ :'.Attest as to ~Ierk I11J111t... <MIl. By: . ,zi,h,wlz- 1?C't:/L OWNER: r;idf ~ ~A8 Ii\, e J. Ro s Arroyo '1tesstzrh\M(\ prin~ame \C,/'r\ S:)r(lf\sef\ OWNER: 4J;4'~ t $~ Maria E. Rosas STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agreement was acknowledged before me this 3L day of _JO/Il/U.r'tJ ' by 10')" \ F~ 1+ ~ ;,l {,L {..It:., who is personally known to me or has pr duced - as proof of identity. -;~w~' ',\ ( >i~1i~.,';ii_I\: ~r~{~:;? : . <"'W' \h' '.,' : "',""_, ,. ., ',..' "'C "\f'.~".~"'V\"J"/v'",~~~ /J k7PC ~ ~I;:r ~ r Signature of Person Taking Acknowledgment atzkow t County Attorney ]=:J'~~ ~ Marcy Krumbine. MPA Director Collier County Housing and Human Services *** OR: 4334 PG: 1242 *** EXHIBIT" A" LEGAL DESCRIPTION Lot 160, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records of Collier County, Florida. STREET ADDRESS 13441 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved_I_/_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 16D6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D ? THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ofncc only after the l30ard has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the . # # h h k exceotion of the Chainnan's sie:nature, draw a line through routing hnes 1 through 4, comolete tee ec list, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service Tf- 7jz ?S 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Frank Ramsey. Housing Manager Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 ]6D-l- Yes (Initial) N/A (Not A licab]e) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not App]icable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Altorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oftice within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aWare of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meetiug have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. '1~ It it " ---+,,- ii' 1-t n/a 2. 3. 4. 5. 6. ~- I: Forms/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4134094 OR: 4334 PG: 1243 RECORDED in OFPICIAL RECORDS of COLLIER COUNTY. FL 01/19/1008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEB 17.00 COPIES 3,00 'i) \J Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROPPICE 4TH PLOOR EXT 1140 ,16fJ? .If File# 08-149-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ---'-- day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Gabince Fanfan and Monique Willien" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: ]. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall app]y. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall tenninate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner. lessee. tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. ]n the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER. the COUNTY OR: 4334 PG: 1244 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees areJ. 6 D ? then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement. plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. . . BY:~ ~Of . . t as to, t:lerk .,...it,n Oft BOARD OF COUNTY COMMISSIONERS COLlIF~JNT~ORIDA' . By: . ~ z~M ~ imNN G, CHAI~ ' Attest: DWIGHT E, BROCK, Clerk ~r,~ print:Wame ~\",,':v(~ <ii Gabt a:fan ~ ' .:' 1 - . , oni Ii len . STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agreement was acknqwledg~d before me this ...L..... day of r;hu. "try' ' by (Iu ;'i"I/L, '1 f j..lJ/11 que W. who IS personally known to me or has produced , as proof of identity. ~~V~ ) ..f~.....~:.", !-.;O;,:~L\ :.U:U.-1'RE.IO S ~/. ,1i','1 ,'\L\li:,,;i\,~, ~,I,i;lll'~: ~ "\~')f ,\ <,.:' '.i';:") :-, ',:,,';,'-.! ".' ,1i!!.'\ ~ ) I "" ~ ~ ' ., c """"'\I'\.i"I""",,...IVV'^""'''f\f\i'~ ~ Ignature of Person Taking Ackn' wledgment ---i-l-- .. k" Recommend App oval: -.t. --../ latzkow tant County Attorney Marcy Krumbi e, MPA Director Collier County Housing and Human Services *** OR: 4334 PG: 1245 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 49, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records of Collier County, Florida. STREET ADDRESS 13473 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved _/ ~_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 16D7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 8 THE BOARD 01<' COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should bl~ h,llJd delivered to the Board Office. rhe completed routing slip and original documents are to he forwarded to the Board Office only after the noard has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chainnan's signature, draw a line throup"h routinp lines # I thrOUlTh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service -:JI- Z{Zr 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nomlally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafr lor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 16D-~ Yes (Initial) N/A(Not A Ii cable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitia]ed for legal sufficiency. (All documents to be signed by the Chairmau. wilh the exceplion of most letters, musl be reviewed and signed by the Office of the County Attorney. This includes signature pages fTom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arlies exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. ?C. :::tf-. ~ 7-L n/a 2. 3. 4. 5. 6. -...L ~. I....' . -:fi-- 1: Forms/ County Fonus/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Revised 2.24.05 Return to 4134095 OR: 4334 PG: 1246 RECORDBD in OPPICIAL RECORDS of COLLIER COUNTY. PL 01/19/1008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEE COPlBS 27.00 3.00 1; \I Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR EXT 7240 16D8 File# 08-147-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ----1- day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Zilana Marc" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflicl with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($ I 9,372.461. Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest. this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person. except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1247 may, at its sole option, collect the impact fee amount in default as set forth in the ordinan~, 6 D 8 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. B~OCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, LORIDA, . By: il..u..u iLl ~cy.l. .[). C. . , uty Clerk c ~It IS to .Ch<< IMIItl \ .t..... 0lI'1. TOM HENNING, CHAIR By: ~ ~ , In ame~-L)IV ~;O//;J-- OWNER: 3d-O?lfi j{at(~ Zilana Marc OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The fo!:egoing Agreemel}t was acknowledged before me thi..s ~ day of Fh"IG''1 ' by Z I furta.. /(,(0,,- , who is personally .knuWll 10 me or has produced as proof of identity. ~~fr6 :*,,,.,,,,.e. ,,,.,,,, :; ""-''''Cw\\'~ \, 'j ! ", .~' IL, ; ',",", I 'vv..r.r~""'~".rV'ho' ~...,,',,'~ ..,,"J'.N.'V~~ //. S gnature of Person Taking Ack wledgment /' :1:- Ap and atzkow t County Attorney a cy Krumbine, Director Collier County Housing and Human Services ........0 *** OR: 4334 PG: 1248 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 51, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13481 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee 1. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _1_1_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 16D8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D9 Print on pink paper. Attach to original document. Original docullwnts should be hand delivered ((Jlhe Board Office. The completed routing slip and original documents are to be forwarded to the Hoard Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sirmature, draw a line through routin!! lines # 1 through #4, comnJetc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routincr order) l.Frank Ramsey Housing and Human Service 7r- 2/2 '( 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMA nON (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the t:vent one of tile addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to tile Bee office only alter the BCC has acted to approve the item.) Name of Primary Staff Contacl Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D - Yes (Initial) N/A(Not A Iicable) Agenda Item Number 1m act Fee Deferra] Agreement Number of Original Documents Attached ~- =ti- :1i ':ff n/a 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been enlered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicaling where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. '-1f- ~ 2. 3. 4. 5. 6. I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 Returo to 4134096 OR: 4334 PG: 1249 RECORDED in OFPICIAL RECORDS of COLLIER COUNTY. FL 01/29/2008 at 01:50PM DWIGHT E. BROCK. CLERK REC PBE 27.00 COPIES 3.00 IV) \; Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn- CLBRK TO THB BOARD INTEROPPICE 4TH PLOOR EXT 1140 File# 08-146-IF This spact for recording 16D9 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Lunel Napoleon" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/1 00 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1250 may, at its sole option, collect the impact fee amount in default as set forth in the OrdinanceJ. 6 D 9 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, F ORIDA, . By: -1)111 ~ j" '~ ~ n.r Attnt a ~ Glerk 110M'" _1. By: . . [log' OWNER: f~ (,79//(~-&--c~/ Lunel Napoleon OWNER: ~:~M P' NameDee.. ::Py-n'? h \ STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agree')1ent was acknowledg~d before me this ~ day of r:( 0, Jil~ ' by .Lot] t? / /\!(j '()"!t'~,, '- , who IS personally known to me or has pr uced FL ,0 j. ' as proof of identity. ~JovS'R'tl"Vf~"V ~ ;,.~;tT,;,_ --~nK~.17\T1J'!\1l.1- rRL\O 'F'~-" ,..;.,.",,'" , , ", , .' "-'11 \ ': \'" I' .'~ ,,' .'_, ~ .~~'. ,;,.' ' I. "","" I' ",: I I, ~ ~~'-rl.'V-V'.,i"r..IV~ 4 ;2" ;) . ').;n,z L'!. /. L( .-i::J Signature of Person Taking Acknowfedgment Recom end Approval: latzkow nt County Attorney / <:....-/~ arcy Krumbine, Director Collier County Housing and Human Services -./L -V A *** OR: 4334 PG: 1251 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 52, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13485 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAKApproved~~/_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $17I.61 $3,415.00 $3,5 I 5.00 $19,372.46 16D9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered lolhe 130md OtTice. The completed rOLlting slip and original documents are to be forwarded to the Bonrd Office only after Ihe Board has taken action on the item.) ROUTING SLIP Comptete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routinQ: order) I.Frank Ramsey Housing and Human Service If-- '7 );"" 5( t:...-' .- "-.- ( 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff fOf additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contacl Agenda Date Item was 02/26/2008 Agenda Item Number ]60-\ C Aooroved bv the BCC Type of Document ~tf~e Defe'3:1~ement Number of Original I Attached _IlL. " J Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances. resolutions, elc. signed by the County Attorney's Office and signature pages fTom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 02/1212008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. Yes (fnilial) N/A(Not A Ii cable) 2. 3. 4. 5. 6. -:1(_ ~/:> -ilL ~ '=fL. nla j-iL. '7fI- I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4134097 OR: 4334 PG: 1252 RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY. PL 01/19/1008 at 01:50PM DWIGHT B, BROCK. CLERK REC PEE COPIES 17.00 3.00 'Y) \, Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR EXT 1240 16DIQ File# 08-130-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .2.1.. day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Vida Trainie Baltazard" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged. the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impacl fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the etfective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of tive percent (5%) per annum. but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibil "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land. and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law. regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner. lessee, tenant. mortgagee, or other person. except that this lien shall be on parity with any lien for County laxes. 6. Upon the satisfactory completion of Ihis AgreemenI's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement. and the default is not cured within 30 days after written notice is provided to Ihe OWNER. the COUNTY OR: 4334 PG: 1253 . I . II h' t' . d f' I t' h' h 0 d1 6 D 10 may, at tts so e optIOn, co ect t e tmpact ee amount In e au t as set ort In t e r Inance, or bring a civil aclion to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs. incurred by the COUNTY in enforcing this Agreement, plus inlerest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E.13ROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLL~OI~~^: B ~ ' ~I y: ~' L)') ---,..: HEN NO, CHAI~~ By:Jj U.U ~/*. tJ-u..,OL- , Attest .s~, t C~erk IttNtwt .1" OWNER: .~ // -If. ' /:x:;~7 04/ Vida Trainie Baltaza;t? OWNER: Witn~ss.\rX 14 ~ ~/1M Print Name I j iI. 'l (')Q M <R )> STATE OF FLORIDA) COUNTY OF COLLIER) Thelotegoing 2008, by V, ir- ent was \ll(knowledged before me this ;;? ~ay of ,\1\- V ( , who is personally known to me or as proof of identity. \b,'''," r---. ,)'Iy f'U, '";":.J"\i'\rV'Jv'v'V,,. .o\....~q:j!plRljlHJ SBJXfJj.\' <J\t;yl." .11 ((l',I'd'\\!IJ\ 1)11' ',,~,; ~:. -~'(,).."c/r ,\:'1,,' \,;',;. n ture of Person Taking Acknowledgment 1-ll'~P.."(f,; latzkow tant County Attorney :r'"' A:rA ~ ../Marcy Krumbin, PA Director Collier County Housing and Human Services *** OR: 4334 PG: 1254 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 164, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13423 Gemmer Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee A. EMS Impact Fee B. Correctional Facilities Impacl Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee l. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved ~/ ~/ ~ 16D10 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3.515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original doculllent Original documents should he hand delivered 10 the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only aftl'r the [~oard has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccotion of the Chairman's signature, draw a line throu!!h routim~ lines # I through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routine order) I.Frank Ramsey Housing and Human Service -Ii- ZllY e- 2. Chairman Tom Henning BCC 3_ 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summaI)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item. Name of Primary Staff Contacl Agenda Date Item was A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 ]6D-q Yes (Initial) NIA (Not A licable) 02/26/2008 Agenda Item Number 1i- 1ft '--;'fi lt' nla i~~rral Agreement Number of Original Documents Attached 7i. ~ I. INSTRUCTIONS & CHECKLIST Initia] the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages lTom ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except Ihe BCC Chairman and Clerk to the Board and ossib]y State Officia]s.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time lTame or the BCC's actions are nullified. Be aware of your deadlines' The document was approved hy the Bee on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. I: Fonns! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05 2. 3. 4. 5. 6. '7 \; Return to 4134098 OR: 4334 PG: 1255 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY. FL 01/1911008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEE 17.00 COPIBS 3.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples. Florida 34112 Retn: CLERK TO THE BOARD INTEROmCB 4TH FLOOR EXT 7240 16D 11 File# 08-142-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this _2, I day of January, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jacqueline Jules" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Two Hundred Seventv Four and 83/] 00 Dollars ($19,274.83). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1256 may, at its sole option, collect the impact fee amount in default as set forth in the ordinlcP D 11 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROck, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:,:..llu..u ~.Q.(,. Atttlt as to C I Y Clerk i fgMtlII't 0111- By: w~esses: /\ 1\. _ /I '::f ~~ Print Name M.o....-I-Wt. .j\;lll4raetb OWNER: tJar dill e. /, N ~ JU I~g Jacqueline Jules ~~. cl:t=~ i ameJt'JIo\l"- (~Vl..f-,^- STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: 2008, regoing Agreeme t was acknowledged before me this ..2J.L day OfJ ~ , who is personally known to me has as proof of Identity. pn~!u;;ed [NOTARIAL SEAL O'~'"O'" AGNES ME~~ <Wi. MY COMMlSSlON. 2 2010 ES septemhel'\ , oJ>, 'if EXPIR: SCOU"I,0\s5OC.CO. ""loOf'f'-o:!'" Fl.NotaryDi 1_11(~1.:\.N01ARY Jeffr Chief orm Reco mend Approval: i / ~ arcy Krumbi Director Collier County Housing and Human Services ~:.o ,MPA *** OR: 4334 PG: 1257 *** EXHIBIT "A" LEGAL DESCRIPTION 16D 11 Lot 142, Independence, Phase II-A, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 1512 Peace Way, Immokalee, Florida 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOT AL IMPACT FEES $100.59 $113.53 $460.23 $935.00 $2.068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,274.83 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee JAK Approved ~ _1_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE l6Dl2 Print on pink paper. Attach to original document. Original documellts should be hand deli....ered to the Board Offlcc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sip-nature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) I.Frank Ramsey Housing and Human Service ?YL ;/;iy 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 ]6D-1 z... Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initia] the Yes column or mark UN/A" in the Not Applicab]e column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 11- <;4/ IIL- ~ 11 Y'-- n/a 2. 3. 4. 5. 6. 11-- I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 0;, \I Return to 4134099 OR: 4334 PG: 1258 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY. PL 01119/1008 at 01:10PM DWIGHT E. BROCK, CLERK REC PEB 11.00 COPIES 3.00 Frank Ramsey Collier County "US 3301 Eo Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROmCB 4TH FLOOR EXT 7140 16D12 File# 08-138-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 3L day of January, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jose Angel Olvera and Nora Beatriz Olvera" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Fortv Two and 52/100 Dollars ($12,442.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1259 16D12 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: , DWIGHTE. BROCK, Clerk BY:~~ rl~~ MtWL IS to ~1(.e ty perk If9lllt..... onl- By: ~~ 0Aa.rb Print Name ~ ~ A.l.oIt:lr~ OWNER: :r osG Af\<jel Olvef"q Jose Angel Olvera OWNER: ~C\ fudN~CUvq Nora Beatriz Olvera ST ATE OF FLORIDA) COUNTY OF COLLIER) 2008, Th~of~greemeqt)Vas acknowledged before me this :3.L day of by ~ 8t"'J;~ who IS personal as roof of identity. , d [NOT ....~ AGNES MENDOZA ....:uJ~ M.Y COMMISSION # OD594447 ~p EXPIRe.',S",_'Z.ZOIO "'O!'f',<+"". f1LNllWYDilCOUJltAs:;oc.Co. 1(1:-.' oMt App and 1 Recommend Approv J effre Chief C--/ Y Krumbine, MPA Director Collier County Housing and Human Services ~\ '-P *** OR: 4334 PG: 1260 *** EXHIBIT "A" LEGAL DESCRIPTION 16D12 Lot 19, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3592 Liberty Way, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed B. Correctional Facilities Impact Fee $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee TOT AL IMPACT FEES $12,442.52 JAK Approved .._/._1_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP.16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 13 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print all pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be Jilr\varded to the Board Office only arter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotioll of the Chairman's si!'!nature, draw a line throue:h routimzlines # 1 throullh #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl7 order) I.Frank: Ramsey Housing and Human Service # ?/?fS 2. Chairman Tom Henning BCC 3. . 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehaimlan 's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 02/26/2008 Agenda Item Number 160-1.7., Aooroved bv the BCC Type of Document Impf'it ~e Deferral Agreement N umber of Original I Attached Documents Attached J I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by tbe Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uircd. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 1i ':Itt- :r-re 7IC n/a ';fL I: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4134100 OR: 4334 PG: 1261 RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY. FL 01/19/2008 at 01:50PM DWIGHT E. BROCK, CLBRK REC PEE 17.00 COPIES 3.00 '1] V Frank Ramsty Collitr County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLBRK TO THE BOARD INTEROFFICB 4TH FLOOR EXT 7140 16D13 File# 08-148- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .1.- day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Islaine Georges" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "8." the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($ I 9.372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1262 may, at its sole option, collect the impact fee amount in default as set forth in the orla6eD 13 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. BY:~. t~~lAOL- ,",It as to I ulY Clerk 11",aturt 00 r. , . . Attest: DWIGHT E. BROCK.Slerk TOM HENNI G, CHAIRM By: ~stM Print Name~forhl OWNER: WJ~v~ Q~ Islaine Georges OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The forel!oi~g Agreement was acknowledg~d before me this ---L- day of r: bnJ<"-'i ' by j.-, IQf/I~ (/(L"(4~-> , who IS personally known to me or has produced . as proof of identity. ~~16 :* \i','{J\:\1i<,1\,,\;iil1:'jU:';' ~ '>~'?". . ~"'"' <. i ;!I.: -', ,:"::",:,":., . ....,r.~....V\,I'V'.... "..v.,/vv-.r./V'V"V"J"I.^I'\' 2, , -; " , ~ .?I')n?/'/ .. /b/. ;/;;,AJ Signature of Person Taking Acknowledgment form Rec .....P latzkow nt County Attorney Marcy Krumbine, Director Collier County Housing and Human Services *** OR: 4334 PG: 1263 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 50, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13477 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAKApproved~/_/_ 16D13 Amount Owed $100.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,4 I 5.00 $3,5 I 5.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . D 14 Print on pink paper. Attach to original document. Original docurncnts should he hand Jclivcrcd to the Buard Oflkc The completed routmg slip and llnglllal documents are to be forwarded to the Board Office only after the r~oard has l<:lkcn action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. lethe document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 11-. Zf-7 f: 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only atter the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D -It.j Yes (Initial) N/A(Not Ap licable) Agenda Item Number Number of Original Documents Attached 11- 1L 7/-, n/a lmp 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exceplion of most letters, musl be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed hy all parties except the BCC Chairman and Clerk to the Board and ossib] State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lieable. "1-1-- ~ 2. 3. 4. 5. 6. I: Formsl County Formsl BeC Fanusl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 l) V 4134101 OR: 4334 PG: 1264 RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY. FL 02/19/1008 at 01:50FM DWIGHT E, BROCK, CLERK REC PEE COPIES 17.00 3,00 Return to Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7140 J14 "'rank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08-082- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this j~ day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Minouche Carilus" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date ofthe transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1265 may, at its sole option, collect the impact tee amount in default as set forth in the 0~n&1J 14 l!\f or bring a civil action to enforce this Agreement, or declare that the deterred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK;Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA, z/,7 (.f~ 't BY:_~ ~~o.c. at.tnt IS lfrk ,tOft.tlIrt 001- By: G, CHAIRM Witnesses: \.(Y\~ G~ Print Name f\Ac. r*ha \ \J cu'a...d 0 OWNER: A';W7,Uk W~&I) Minouche Carilus - t'""" ~ ' . -qAA . in~me Y; J '. AA'/k STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: 2008, s acknowledged before me this -4-- day of 9~~ who is personally known to me or has prod ed as proof of identity. App and I [NOTARIAL SEAL] AGNES MENDOZA MY COMMISSION # 00594447 EXPIRES: Sq>tembcr 12, 2010 l.NOtaryDiscount~Co. ledgment Recommend Appr val: l i J effre Chief .Kl tz W sista t County Attorney arcy Krumbine Director Collier County Housing and Human Services Jl-o PA -P '. *** OR: 4334 PG: 1266 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 26, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, ofthe Public Records of Collier County, Florida. STREET ADDRESS 3624 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee 8. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES JAKApproved~~_ Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 16D14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 6 D 15 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered 10 the Board Office The completed routing slip and original documents are to be forwarded to the Board Office only !!Jter the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's signature, draw a line throuRh routine: lines # 1 throue:h #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinlJ order) l.Frank Ramsey Housing and Human Service T/- Z/z 'K 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 160-1'5" Yes (Initial) NIA (Not A lieable) Agenda Item Number Number of Original Documents Attached -p /1'- Ti.. ,#-.. nla I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossih] State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to Ihe Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed tbe chan es, if a licable. R 11--. ~ , 2. 3. 4. 5. 6. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24,05 V "J - Return to Frank Ramsey Collier County HDS 3301 E. Tamiami Trail Naples. Florida 34112 4134102 OR: 4334 PG: 1267 RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY. FL 01119/1008 at 01:50FM DWIGHT E. BROCK. CLERK REC m 17.00 coms 3.00 File# 08-139-IF Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR EXT 7140 16015 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this lLday of January, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Samuel Trejo and Rebecca Castro" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Fortv Two and 46/100 Dollars ($12,442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a releasc or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1268 may, at its sole option, collect the impact fee amount in default as set forth in t~ o~iflml, 5 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By:- ~ fjt~O 4_C.( , eput lerk MtHt as to CM /I, .tgllturt 001- By: OWNER: Witnesses: Y"\'\.o.JL. (ll,:,~ Print Name Mo('~.... 14\1/4{'4Jo .f#H7bt/ Samuel Trejo , r~l') ~~ U e cca Castro STATE OF FLORIDA) COUNTY OF COLLIER) [NOT AIU .~ - .LJ~' MY COMMISSION # 00594447 ,,'fi/fIi'A WIRES' S",_12.2010 '..,C>>'~ FIl'lm..,D1IClJ,1l1IAstiOC.Co. OlJ.J.NOTARY . owledged before me this .x.. day of dlf,c,..y , ho is personally know III me or has produced as proof of identity The 2008, by Reco end Appro 1: ~ 4" latzkow tant County Attorney Marcy Krumbine, MPA Director Collier County Housing and Human Services *** OR: 4334 PG: 1269 *** EXHIBIT" A" LEGAL DESCRIPTION Lot 27, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3628 Justice Circle, Immoka1ee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee TOTAL IMPACT FEES JAK Approved ---.J.-! ~ 16D15 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 16 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original docllment. Original docul1lents should be hand delivered to the Board Otllce. The completed routing slip and original documents arc to be t()fwarded to the Board Office only after the f-3oard has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's sie:nature, draw a line through routino lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7ff-. ?/Z~ 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Contacl Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 ]6D-ILo Yes (Initial) NIA (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office oflhe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The doeument was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. it ~ 7i ~ nla 2. 3. 4. 5. 6. 7i "7i---- I: Forms! County Forms! Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised ].26.05, Revised 2.24.05 /'\..." f \ \;' Return to 4134103 OR: 4334 PG: 1270 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 01/19/1008 at 02:50PM DWIGHT E. BROCK. CLBRK REC PEE COPIES 27.00 3.00 Frank Ramsey Collier County HIlS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08-140-IF Retn: CLERK TO THE BOARD INTEP.OmCE 4TH FLOOR EXT 1140 16D16 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Emmanuel Louimare" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A" 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Af,'reement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1271 may, at its sole option, collect the impact fee amount in default as set forth in the ordiff?e, D 16 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIE~~~Y'F RIDA,. By: .:J'fJI- TOM HENNING, CHAIR By;1).J..UJ.... ~tU LaC Attest as to . ~lerk .tlNtutt GIll ~ Witnesses: '-'\i \Qd if', C~L.'("c< olc, Print Name ~\C'I~Ir,'" -A Ivo, ,,,,,L OWNER: ~rn--=<<?Z /,y"L ~~ mmanuel Louimare wi~se~: . / ) + ~eA t.] ~';-I~~4-"-M.. STATE OF FLORIDA) COUNTY OF COLLIER) 2008, ~:~i,~~;:tZ~~:s a~~:~~g~~ b~:~~~n~~vth~i1t~a:~f bed -asproof of i denti ty. OWNER: Q ~y COMMISSION 'DDS92~1~ ~ EXPIRES: September \2. Co ~OFf\.~ Fl,NOIal)'DIS(;OUlIIAzsOC.' 1.jl(~I.,_NOTAllS Appr and 1 tzkow sist t County Attorney cy Krumbine, Director Collier County Housing and Human Services -- *** OR: 4334 PG: 1272 *** EXHIBIT" A" 16D16 LEGAL DESCRIPTION Lot 30, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, ofthe Public Records of Collier County, Florida. STREET ADDRESS 3640 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee JAK Approved -.! --.!_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 17 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oflicc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed. lethe document is already complete with the exceotion of the Chairman's sillIlature, draw a line throue.h TOuting lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinv order) l.Frank Ramsey Housing and Human Service 7f-- z/2 r- 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the BCe office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 l6D_I:t Yes (Initial) N/A (Not A licable) Agenda l1em Number Number of Original Documents Attached 11L '"TI- 1~ ,( 7L n/a I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by lhe Chairman, with the exception of most letters, must be reviewed and signed by lhe Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except lhe BCC Chairman and Clerk to lhe Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all olher arties exce t lhe BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or lhe final ne otiated contract date whichcver is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or lhe BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Ijcable. 7/lL- 1: Forms! County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. Return to 4134104 OR: 4334 PG: 1273 RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY. F1 01/19/1008 at 01:50PM DWIGHT E, BROCK. CLERK REC PEE COPIES 17.00 3.00 ~ V Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08-153-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7140 26D17 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Passiana Belizaire" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1274 may, at its sole option, collect the impact fee amount in default as set forth in the ordin~c~ D 1 7 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: , " DWIGHT E. BROCK:, Clerk BOARD OF COUNTY COMMISSIONERS COLLIERYUNTY, F ORIDA,. By: :J'fft JIft TOM HENNING, CHAI By: ~Clt.u 1 ~r- {'Ie . , D ty Clerk Att.Jt, as to . I nun ~ Itgutur'e 001- " OWNER: '~711 S"J ";J d'1t Passiana Belizaire i =;,;:'th/JI ([3' OWNER: Witnesses; 0 d. =-1y~~,~~^~> Print ame ',. (l)YalJ- STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agreement was acknowledged before me this M day of 4.AAA..-:iGfe: ' ~~ "A~IJ"" ']\ e, If'"A I ,who is personally known to me or has pro ed as proof of identity. OTARIAL SEAL] #!'''''' VIRGINIA CANW );J. MY COMMISSION' D0594425 ~ EXPIRES, SqlladNr 12. 2010 I NOTARY FJ,Notay[)bQgtAa1:.Co. Appro d s form and Si Jeffrey Chief A Reco mend Approval: cy Krumbi ,MPA Director Collier County Housing and Human Services ""p *** OR: 4334 PG: 1275 *** EXHIBIT "A" 16 D 17 LEGAL DESCRIPTION Lot 35, Liberty Landing, according to tbe plat tbereof, as recorded in Plat Book 47, Pages 7] through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3660 Justice Circle, Immokalee, FL 34]42 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee Amount Owed TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee JAK Approved-1_/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 18 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sit:mature, draw a line throuoh routimllines # ] through #4, comnlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routinp' order) I.Frank Ramsey Housing and Human Service 4- Z[z '?" 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing the BCC Chainnan'5 signature arc to be delivered to the BCe office only after the BCe has acted to approve the item. Frank Ramsey, Housing Manager Phone Number 252-2336 16D -I. Yes (Initial) N/A (Not A licable) 02/26/2008 Agenda Item Number 11--. '7i 7-L '7-/-. 7tt- n/a act Fee Deferral Agreement Number of Original Documents Attached -w-- 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicab]e column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Ii cable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oflice within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a [icable. I: Fonns! County Fonus/ BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24,05 2. 3. 4. 5. 6. Return to 4134105 OR: 4334 PG: 1276 RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 01/19/1008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEE 17.00 COPIES 3.00 {'l Frank Ramsey Collier County HHS 3301 E. Tamjaml Trail Naples, Florida 34112 Retn CLBRK TO THE BOARD INTEROmCB 4TH FLOOR EXT 7140 16D18 File# 08-144-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this -L day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jose Penaloza Jasso and Aracely Penaloza" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 19 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention afthe Chairman's sionature, draw a line throuoh routing lines # 1 throuoh #4, comn!ete the checklist, and forward to Sue Filson (line #5). ~oute to Addressee(s) Office Initials Date List in routine: order) l.Frank Ramsey Housing and Human Service -%- 7/2 'is 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 160 -19 Yes (Initial) N/A(Not A licable) Agenda Item Number ct Fee Deferral Agreement . lD Number of Original Documents Attached 1i- 'TI-- 7-;L. =tt.. 71- nla I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossib]y State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval of the document or the tinal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriale pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contra~ts are an exception), the original document and this routing slip should be provided to Sue Fi]son in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. ~. 2. 3. 4. 5. 6. I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 /y) \; Return to 4134106 OR: 4334 PG: 1279 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/19/2008 at 01:50PM DWIGHT E. BROCK. CLERK REC PEE COPIES 27.00 3.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08-081-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16D19 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this -I-- day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Miguel Angel Gaspar Francisco" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or o1her security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 PG: 1280 may, at its sole option, collect the impact fee amount in default as set forth in the ordin~~ D 19 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E: BROCK, Clerk ~- . BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, F ORillA, . By~: It.u...ti ~O.(. Attut as "t- perk .1...... 0111- By: Witnesses: '-\,\o.u~(, 0. Q.vr:.^ts"d.c.. Print Name ~\C\ c \-\'0- \ v (.lInn" OWNER: iJ1~ ~~1 ~t:r Migue Angel Gaspar Franci 0 OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) Th~o~~ent was ~wledged before me this -1- day of ~, 2008, by ~ ~ ~" who is personally known ~o me or has pr uced -as proof of IdentIty. . owledgment Q MYCOMMISSION'DDS9441~ ~ EXPIRE:'> ~-o1<<nber12.20 'OI-r:/ P\.t<lQliI'Yi)lljG(I'.lnl~CO. L'-':Io)4'lOTAAY .L~ Appro and Ie Jeffre Chief A arcy Krumbine, Director Collier County Housing and Human Services *** OR: 4334 PG: 1281 *** EXHIBIT "A" LEGAL DESCRIPTION l6D19 Lot 22, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3608 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee l. Law Enforcement Impact Fee TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 JAK Approved ___I_j_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D2 "". TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Offke. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's silYnature, draw a line throuQh routing lines # 1 throup"h #4, comnlete the checklist, and forward to Sue Filson (line #5). ~oute to Addressee(s) Office Initials Date List in routin'" order) I.Frank Ramsey Housing and Human Service fi- Z/Zr 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be deljvered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D -"2.-0 Yes (Initial) N/A (Not A licable) Agenda Item Number Number of Original Documents Attached '1L n1a 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages fTom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sigh here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/1212008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Tt- 71--. I: Fonns! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. Return to 4134107 OR: 4334 PG: 1282 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 02/29/2008 at 02:50PM DWIGHT E. BROCK. CLERK REC FEE 27.00 COPIES 3.00 \;7 Frank Ramsey ColUer County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08-141-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR ElT 7240 16 D 20 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this -I- day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean Vital Astreide and Marie Astreide" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 52/1 00 Dollars ($12.442.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4334 Pl: 1283 may, at its sole option, collect the impact fee amount in default as set forth in the ordinan~, D 20 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: .. DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FL RillA, By:_Cl.t.t.u. Jf/~J'(),(' -u.._-t' ., uty Clerk ft~~.' Ch4 t .ttHtwt 0lI1- By: Witnesses: '-....\.'{\(M :I; ii, OJ.! , '. n , o..J- Print Name \-.\0\ \'N>. A \Jurc-,l, OWNER: '~ ~ \l. fI-/J t~o1C^- Jean Vital Astreide OWNER: +- Marie Astreide STATE OF FLORIDA) COUNTY OF COLLIER) ged before me this 1 day of ~ is personally known to me or has pro ced as pr f of identity. [NOTARIAL SEAL , 'ENDOZA AGNES lV' 0594441 MY COMM\SSlON~~\2, 20\0 EXP\RES'.sevte:\1 \~Co. f\-:I f\.l'lClIa>1J:hsC01'" , Jeffre . K zkow Chief A ist t County Attorney ...R ar Krumbine, Director Collier County Housing and Human Services *** OR: 4334 PG: 1284 *** EXHIBIT "A" 16 D 20 LEGAL DESCRIPTION Lot 10, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3556 Liberty Way, Immokalee, FL 34142 EXHIBIT "8" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed B. Correctional Facilities Impact Fee $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES $12,442.52 JAK Approved __i_l_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 21 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be lorwarcted to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sip-nature, draw a line throul!h routing: lines # I throuQ"h #4, comnlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routina order) l.Frank Ramsey Housing and Human Service %- Z-/ Z-K' 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval, Normal1y the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature arc to be delivered to the BCC office only after the BCe has acted to approve the item.' Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 02/26/2008 Agenda Item Number 16D_2[ Annroved bv the BCC Type of Document ~~~ Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages /Tom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages /Tom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time /Tame or the BCC's actions are nullified. Be aware of our deadlines! Tbe document was approved by the BCC on 02/12/2008 and all cbanges made during tbe meeting bave been incorporated in the attached document. Tbe County Attorney's Office has reviewed tbe cban es, if a licable. Yes (Initial) NIA (Not A licable) 2. 3. 4. 5. 6. 71-- '{i. q-L ~ '#- nla --:1L I: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 OR: 4334 PG: 1285 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/29/2008 at 02:50PM D~IGHT E, BROCK. CLERK REC PEE coms \;1; 4134108 Return to Frank Ramsey HHS 3301 ~ Tamiami Trail Naplf:'!, FL 34HZ Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR This spa~JVrJJ!.Qg File# 08-119-IF LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWLING UNITS This Agreement is entered into this ~ day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Freeman and Freeman, Ioe:' (DEVELOPER). collectively stated as the "Parties:' NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Five and 88/100 Dollars ($19.305.88). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A;' which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any O\~mer, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to. a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page I 01"2 27.00 3,00 16 D 21 OR: 4334 PG: 1286 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified. documented and kept on file at the otT1ce of Housing and Human Services. If the developer fails to comply with the tenns of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents. the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK. Clerk SIONERS By: _lLu-u ~~_oLIlY ~It IS to 1 tyflerk S19Hturt 0111 ~ Dev~D~', ,-~ ""'-7 Witnesses: 2 :tZ~ Pri~f!::,54 a :k:~/ :l n " e J By: ~reeman ~ 'rn ~ Title: President Print N~~fU'.J. J1i,'J~ STATE OF FLORIDA COUNTY OF COLLIER The toregoing instrumcntAgreement was acknowledged before me this ~ day of January, 2008, by Ernest Freeman~sident for Freeman and Freeman, Inc. who is personally known to me or has produced ~ ~ identification. . /J [NOTARIAL SEAL] ~_iU. &JC<d {l{. 'tL-o-- (Signature OfJfJotj Public) !l{/~f J Il V' (. /l1. ' (Print Name of Notary Public) MARGARET M. lEE NOTARYPUBuc. STAT! OF FlORIDA COMMISSION # OD305112 EXPIRES 6129/2008 8ONOED THRlJ 1-JV\!l-M'lTA:I1Y, /.. (..-e- ~\ - Marcy Krumbine, irector of Housing & Human Services Page2of2 7.~ D21 Wi *** OR: 4334 PG: 1287 *** EXHIBIT "A" LEGAL DESCRIPTION Section 33, Township 46S, Range 29E Comm NE Cr of Lot 20 Blk 29 New Market Subd, Thence NELY alg N Ii of Escambia St., Extended 80 ft to E Bdy Li of Madison Ave to POB, Thence alg N Bdy Li of Escambia 300ft, NWL Y & Parell with Madison Ave 500ft to S Li of F1ager St. Ext, SWL Y alg E Bdy Li of Flager St. 300 ft to intersect of Flager St. & Madison Ave. SELY alg E Bdy Li of Madison Ave 500ft to NLY Bdy Li of Escambia to POB, less OR 375 pg 141, OR 374 pg 292, OR 374 pg 310, OR 374 pg 298, OR 376 pg 674, OR 374 pg 141, OR 374 pg 304, OR 316 pg 161, OR 402 pg 510-511, OR 402 pg 505, OR 402 pg 493-494, OR 402 pg 487-488, OR 567 pg 799, Collier County, Florida. STREET ADDRESS 303 Calle Amistad Street, Immokalee, Florida 34142 EXHIBIT "'B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed $100.59 $144.58 $460.23 $935.00 $2.068.00 $8.228.00 $6,359.00 $725.00 $285.48 $19,305.88 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES JAKApproved_/_I_ J 5 D 21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 2 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ollice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccntion of the Chairman's sip-nature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in roulin!! order) l.Frank Ramsey Housing and Human Service 7?-- Z/zrt 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BeC Chairman's signanue are to be delivered to the BeC office only after the BCe has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. -:::L/ Some documents are time sensitive and require forwarding to Tallahassee within a certain ./ f--- time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 02/12/2008 and all changes made during .the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. PRIMARY CONT ACT INFORMATION Frank Ramsey, Housing Manager Phone Number Agenda Item Number Fee Deferral Agreement Number of Original Documents Attached 252-2336 16D - Z,z.. Yes (Initial) 11--- TR- nla 1: Fonns/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4134109 1"7 V Return to OR: 4334 PG: 1288 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/29/2008 at 02:10PM D~IGHT E. BROCK, CLERK RE C FEE COPIES 27,00 3.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR ,,",p.J!Ul,!&. 1 6 D 2 2 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this Z.1~y of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Freeman and Freeman, Inc," (DEVELOPER). collectively stated as the "Parties:' NOW. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of File# 08-135-IF Collier County. Florida. known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event afany conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B:' the amount of the deferred impact fees is Nineteen Thousand Three Hundred and 01/100 Dollars ($19.300.0 I). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned. or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest. this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements. COUNTY shall record any necessary documentation evidencing same, including. but not limited to. a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may. at its sole option. collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page I 01'2 OR: 4334 PG: 1289 declare that the deferred impact fees are then in default and immediately due and payable. The 1 6 D 2 2 COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs. incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on tile at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK. Clerk fjrt By: ~ () 1.11 J :t~Lr)~ ~y: . D ty Clerk Attest as to 11'Mt1 S .t...~ CNI1. Witnesses: By: Em reeman Title: President j)LI\ '\bflA STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this ~ day of January, 2008, by Ernest Freeman as President for Freeman and Freeman, Inc. who is personally known to me or has produced M..4 identification. L [NOTARIAL SEAL] (Signature Not"'7 Public) /JIa.rg A. rL f /t1. 1. e. .e..- (Print Name of Notary Public) NOt MARGARET M LEe C~'M~L'C. STATE 0, FlORroA "n~~I~~~~~gg~112 .', '., ','. . <>...,. 'Y"~'!,!?" d A~ ......P . arc Krumbine, Dire t of Housing & Human Services Page 2 of2 *** OR: 4334 PG: 1290 *** EXHIBIT "A" 16D22 LEGAL DESCRIPTION Lot 18, Pine Grove Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 103, Public R<<ords for Collier County, Florida STREET ADDRESS 420 Carver Street, Immokalee, Florida 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $100.59 $138.71 $460.23 $935.00 $2,068.00 $8.228.00 $6.359.00 $725.00 $285.48 $19,300.01 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee JAK Approved _/_1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 2 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's si!!:nature, draw a line throue.h routim!: lines # I throu2h #4, comolcte the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date ! (Ust in rautinp' order) I.Frank Ramsey Housing and Human Service -::;t. '"'j-'t e" L 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was 02/26/2008 A roved b the BCC Type of Document Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions bave been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 0/ Some documents are time sensitive and require forwarding to Tallahassee within a certain ; IlG time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's R Oflice has reviewed the chan es, if a Iicable. Frank Ramsey, Housing Manager Phone Number 252-2336 l6D - 2-=<: Yes N/A(Not (Initial) A licable) :fL. ';fL n1a I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Agenda Item Number Number of Original Documents Attached 1. 2. 3. 4. 5. 6. --.. -~._,~, ,_"-~>,""".,-;-~."-~.~..----".........,..~.~..~......."",,,---,,"'~"~--',..._,_....,--._'" 4134110 OR: 4334 PG: 1291 RECORDED in OFFICIAL RECORDS of COLLIER CODNTY. FL 02/29/2008 at 02:50PM DWIGHT E. BROCK. CLERK REC FBi coms 27.00 3.00 Return to Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR EXT 7240 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples. Florida 34112 File# 08-1S0-IF This space for recording 16D23 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of February, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Robert Martinez and Juani Martinez" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing ofthe dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Fortv Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) ofthe total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY ~ OR: 4334 PG: 1292 16D23 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deterred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROck, Clerk BOARD OF COUNTY COMMISSIONERS COLLI.JUNTY, ORIDA, By: ,:JfJL TOM HENNING, CHAIR By:~ ~~.I. ,(LC 'Attest IS to t)'lClerk '1glllt..... on 1 · Witnesses: '-f\ '\ w...lli C&J (,.. u.J-o Print Name ~\ct( \>\<"" !-\ 100,e..1", OWNER: ~()J\.{~~ Juani Martinez STATE OF FL IDA) COUNTY OF COLLIER) Sig of Person Taklllg Acknowledgment 2008, AL e~ AGNES MENDOZA ~ MY COMMISSION # 00594447 ~",:,.r EXPIRES. S""'"'^" 12. 2010 1"IXj..).NOTARY Fl. NOIary DiSOOmt Assoc. Co. ounty Attorney J;;;;(" L - ....-M cy Krumbin ,~A Director Collier County Housing and Human Services Jeffrey . Chief As *** OR: 4334 PG: 1293 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 34, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 throngh 73, inclusive, of the Pu blic Records of Collier Connty, Florida. STREET ADDRESS 3656 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES JAKApproved~_I_ 16D23 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E' ' , TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO 2 TEE BOARD OF COUNTY COMl\1ISSIONERS OmCE FOR SIGNATURE ,,' Prlnl: on pink pap.... Altld1la original "~_r Original "~-.. slIould be baad dmivered la 1lIe Boaro. Office.. Thecomplet<d lOU..g ,lip and original --"""labe1Crwmled.la1lleBoudOffia:cmly~1boBoudhasllli:ell.acl!oII.0I11l1ei-.) , , , ,', " , . . ROUTING SLIP Comp.... rtl1ttiI1g IiDe:I 'llbrcugh 1#4 as ~ fer addiliaW ';Il"'~ dales, mdlor iafoxmadon Deedcd..Jf 1lIe rl"""':'_;is >ircIdy compleo: with 1lIe . ~tica.ot-tbe~'! . dr1w .Iin. rllroalll MIllie. ..... #lllIroulth 1#4, =....1lIe cbccl:Iist and forward la S... fllson (line ffl. Route to Addressee(s) . Office Initials Date (Lisr in ,ow:ilu. crdcrl ].5;'---' l. ,--= /.-/./ , 2. " , . 3. ., 4. C'. 5. Sue FIlson, Executive Manager Board of County Commissioners . 6. Minutes and Records ClerIc of Court's Office - \,.'.' PRIMARY CONTACT- INFORMA nON (The primmy _ is the bolder of the origillal documclt pOllding Bee approval. NClDll1l!y the primmy COI1OlCt is tho pcooo _ ClC:lIl:dIpn:pa the executive SlUIlISIlIIy, Primary = infomwion is aoodod ;., the .VOlll _ 0( 1lIe <1ddm:s= abave, il1cJudiog Suo Mlsoo, lIOCd '" cpotlCt sat! for odditioaa.l or otis3ing infomwico. All original dccumoolS ooodil1g.... Bee 0Wrma0', siplllIO'" '" b. dolivorod '" 1lIe Bee ollie: only afIor tho Bce has _ '" approve <be imm.) Name of Primary Staff J-y > . / Phon. Number 7 .3 Contacl , Ie 0..-_.z iC" r: / ,. \- __._-> (..\L......,'., Agenda Dale Irem was '.,,) Agcnda lrem Number /C" ,::1 Armmved bv the BCC c,,) ",.-) (,.. , t.: Type ofDocumenl , , /)/, ,., ,,2> Number of Original ,,;.;. - / _'--"_C;:' Atlached .) e Cd.l L:J Do=ents Aaached .// . It ^_ {- y INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N1 A. in the Not Applicable column. whichever is Ie. 1., Original documem has been signcd/"mirialed fer legal sUfficiency. (All documents to be signed by the Chairman. with the exception of most Ie=. must be reviewed aIJd signed tiy the Oflice of the County Ar1rJrney. This includes signature pages from ordinances. resolutions. ele. signed by the County Attorney's Office and signature pages from conlraclS. agrecmcnrs. Clc. that have been fa1ly =uted by all parties except the BCC Oairman aIJd Clerk: to the Board aIJd ssibl SlalC Officials.) 2. All iwldwritten,Slri.Ice-through and revisions have been initialed by the County ~y.' s Office aIJd all other artias I the BCC Chairman aIJd the Clerk to the Board 3. The n.'n-,:..n's signature line dale has beca entered as the dare ofBCC approval of the documem or the final DC tiated contt:lCl dale wbichever is licable. 4. "Sign here" labs are p~ on the appropriate pages indicating where the Chairman's si aIJd initials are 5. In most cases (some conttaclS are an exception), the original documenl aIJd this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive aIJd reqaiIe 'forwarding to T.I1.h"~ee within a certain time frame or the BCC's actions are nullified. Be a of our n~.,n;nes! 6. The document was approved by the BCe 00 ~ 0.' ""(enter dale) and all c:hanges made during the meeting bave been incorporated in the attached docnmenl. The Conn Attorn's OfliC8 has ...viewed the as, if a Iicable. tv 1 Yes (Initial) " -f'\..... ~/'/~ ..~ . ~ _ County _ Bee _ Origillal DccumcIls Rccliag Slip WWS Origim.l9,03,04, R.vi.scd 1.26,05. Revised 2.24.05 MEMORANDUM Date: August 8, 2008 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Second Amendment To LeaseAgreement Attached for your records is one copy of each amendment, referenced above (Agenda Item #16E2) approved by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes and Records Department has kept the third original lease agreement for the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Attachments 16E2 16[2 Lease #880 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this ~ day of ~lJi._L'-.>. , 2008 at Naples, Collier County, Florida by and between Alan and Patricia Boole, as signed to A & P Boole, LLC, by way of an Assignment of Lease dated April 4, 2007, whose mailing address is 470 Lagoon Avenue, Naples, Florida 34108, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," WITNESSETH WHEREAS, Collier County and A & P Boole, LLC, Boole have previously entered into a Lease Agreement dated July 31, 2001, and a First Amendment to Lease Agreement dated December 14, 2004; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated July 31, 2001, and Ten Dollars ($10,00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until March 1, 2009, hereinafter referred to as "Extended Lease Term," LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew this Lease for one (1) additional one (1) year terms under the same terms and conditions as provided for in the Lease dated July 31, 2001, hereinafter referred to as "Extended Renewal Term," LESSEE shall be granted the right to terminate the Lease at any time, with or without cause, by providing a thirty-day written notice of such termination to LESSOR at the address set forth in Article 1 0 of the Lease dated July 31, 2001. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid, or by personal delivery or overnight delivery service, 2. The annual rent for the Extended Lease Term shall be increased by four percent from the previous year's rent and shall be increased by four percent for the Extended Renewal Term, should the LESSEE elect to renew this Lease, 3, Except as expressly provided herein, the Lease Agreement between Alan and Patricia Boole and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated July 31, 2001, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein, IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First !1.. (Print Name) , G(f~u:'\ ~\ZUcuJ (Print Name) Approved as to form and legal sufficiency: ~rt~.~.~~ Jennifer A. Belpe '0 Assistant County Attorney 16E2 BY: ;f4~~~ A-.. (J <3 avl.-t: I /.-t..- c.: ALAN BOOLE ( 1V\ei"\q,E:<<. ~ .~-. ) \ / BY: ~.~.~ s~.'-, A ~ Q (Soo.....Q L..L-(..... .~ I PATRICIA BOOLE rt(:;:Mg.fR.. I 16[2 Lease #848 SECOND AMENDMENT TO LEASE AGREEMENT J THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this"J 0 day of ,<...6.cA_'U.J'f~ ' 2008 at Naples, Collier County, Florida by and between Alan and Patricia Boole, as signed to A & P Boole, LLC, by way of an ASSignment of Lease dated April 4, 2007, whose mailing address is 470 Lagoon Avenue, Naples, Florida 34108, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," WITNESSETH WHEREAS, Collier County and A & P Boole, LLC, Boole have previously entered into a Lease Agreement dated December 15, 1998, and a First Amendment to Lease Agreement dated December 14,2004; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated December 15, 1998, and Ten Dollars ($10,00) and other valuable consideration. said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until March 1, 2009, hereinafter referred to as "Extended Lease Term," LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew this Lease for one (1) additional one (1) year terms under the same terms and conditions as provided for in the Lease dated December 15, 1998, hereinafter referred to as "Extended Renewal Tenn." LESSEE shall be granted the right to terminate the Lease at any time, with or without cause, by providing a thirty-day v,Titten notice of such termination to LESSOR at the address set forth in Article 10 of the Lease dated December 15, 1998, Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Otlice, Registered or Certified Mail, postage prepaid, or by personal delivery or overnight delivery service, 2, The annual rent for the Extended Lease Term shall be increased by four percent from the previous year's rent and shall be increased by four percent for the Extended Renewal Term, should the LESSEE elect to renew this Lease, 3, Except as expressly provided herein, the Lease Agreement between Alan and Patricia Boole and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated December 15, 1998, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First (Print Name) Gr~ (Print Name) ~W?UoV Approved as to form and legal sufficiency: iJ(J. ~-~ ~ Assistant County Attorney 16E2 flY ~ /IV A 4: P oDLf- f G.-c.- ALAN BOOLE (VI€-fi\.be1 I BY \&C5LQ, ~<=- A ~ r bcou; U-c- . I PATRICIA BOOLE (YIe.(V\.b.e-f 16 E 4 ""Y MEMORANDUM DATE: March 7, 2008 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract: 08-5012 "Cellular Communications Services & Equipment" Contractor: Sprint Solutions, Inc. Enclosed are two (2) original contract documents, as referenced above (Agenda Item #16E4) approved by the Board of County Commissioners on Tuesday, February 26, 2008. Minutes & Records Department has retained an original copy. If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures (2) ITEM NO.:~;P\2...('.cO & SC) FILE NO.: .. .. . ," \'V'>L DATE r'\J\-. ':II . ',' ''t,' :.\ '~~T'{ f:\ll'O~\U . ,\))1 Ii f'. \ 3 10n~ ~~R -0 p. V' "",-, RECEIVED: ,-......,. ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 5, 2008 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, C.P.M., Contract Specialist ::t! Purchasing Department, Extension 2667 U~ Re: Contract: 08-5012 "Cellular Communications Services & Equipment" Contractor: Sprint Solutions, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 26, 2008, Agenda Item 16.EA This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, upon approval, please forward to BCC for signature. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Scott Johnson, Purchasing 6C.(Vl/2- 3 - '1--6 'if 16E4 ,'\"~":~) """,r"n. ,.,.,,'C1 16E4 FROM: 0-47'(' R('e Jeff Walker R At4,f _ "('lv('O Risk Management Department IS,f ,.?fJtJQ> Lyn M. Wood, C.P.M., Contract specialist) A _ ~,y~ Purchasing Department UXr March 5, 2008 MEMORANDUM TO: DATE: RE: Review Insurance for Contract 08-5012 "Cellular Communications Services & Equipment" Contractor: Sprint Solutions, Inc. This Contract was approved by the BCC on February 26, 2008, Agenda Item 16.EA Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. ~- (){f/Ml- ?:T 3/b/O f dod/LMW C: Scott Johnson, Purchasing 16E4 CERTIFICATE OF ASSISTANT SECRETARY I, TRACI TONG, a duly elected and acting Assistant Secretary of Sprint Solutions, Inc., a Delaware corporation (the "Corporation"), do hereby certify that I am a duly elected and acting Assistant Secretary of the Corporation and have access to the corporate records and minutes of the Corporation. I further certify that Leon Frazier, a Vice President of the Corporation, is authorized to enter into contracts on behalf of the Corporation pursuant to the fiscal authorization policy applicable to the Corporation. In witness to the foregoing, I have signed my name as Assistant Secretary of Sprint Solutions, Inc. this 5th day of March, 2008, at 2001 Edmund Hailey Drive, Reston, Virginia. ~ ---... -- ~ /"---- r"'> Traci Tong Assistant Secretary www.sunbiz.org - Department of State Page I of2 16E4 Home Contact Us E.Filing Services Document Searches Forms H Previous on List Next on List Return To List No Events No Name History Entity Name: Detail by Entity Name Foreign Profit Corporation SPRINT SOLUTIONS, INC. Filing Information Document Number F02000004082 FEI Number 470882463 Date Filed 08/12/2002 State DE Status ACTIVE Principal Address 6500 SPRINT PARKWAY OVERLAND PARK KS 66251 Changed 04/14/2004 Mailing Address 6500 SPRINT PARKWAY HL-5ASTX OVERLAND PARK KS 66251 Changed 04/14/2004 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301-2525 US Officer/Director Detail Name & Address TitleS/D HILL, CHRISTIE A 2001 EDMUND HALLEY DRIVE RESTON VA 20191 Title P ANGELINO, MARK 2001 EDMUND HALLEY DR. http://www.sunbiz.org/scripts/cordet.exe?action~D ETFJI ,&illlL doc _ number= F0200000408... 2/5/2008 www.sunbiz.org - Department of State RESTON VA 20191 TitleT LINDAHL. RICHARD 2001 EDMUND HALLEY DR RESTON VA 20191 Title D KENNEDY, LEONARD 2001 EDMUND HALLEY DR RESTON VA 20191 TitleVP BESHEARS, MARK V 6500 SPRINT PARKWAY OVERLAND PARK KS 66251 Annual Reports Report Year Filed Date 2005 01/26/2005 2006 04/25/2006 2007 04/30/2007 Document Images 04/30/2007 ,~ANNUAL REPORT 04/25/2006 -- ANNUAL REPORT 01/26/2005 -- ANNUAL REPORT 04/14/2004:co ANNUAL REPORT 02/13/2003 :- ANNUAL REPORT 08/12/2002 'co Foreign Profit Page 2 of2 16[4 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. I E'LevioU!LaR!-i~1 Next an List R~t!lmTQ!-i!;t No Events No Name History Entity Name: Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action~[) ETF1L&inq~ doc ~ numbcr~ F0200000408... 2/5/2008 A G R E E MEN T 08-5012 16[4 for Cellular Communications Services & Equipment THIS AGREEMENT, made and entered into on this 26th day of February, 2008, by and between Sprint Solutions, Inc., authorized to do business in the State of Florida, whose business address is 2001 Edmund Halley Drive, Reston, Virginia 20191, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on March 1, 2008, and terminating on February 28, 2010. The County retains the right to renew this Agreement, with the consent of the Contractor, under the same terms and conditions for two (2) additional one-year periods. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions in this Agreement for up to one hundred eighty (180) days. Any subsequent extensions must be approved by the Board of County Commissioners. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide cellular phones, equipment and services in accordance with the terms and conditions the Contractor's proposal in response to RFP #08-5012, Collier County's RFP #08-5012, and Exhibit A, Collier County Operating Parameters, Exhibit B, Wireless Services Term and Volume Discount, Exhibit C, Sprint Nextel Rate Plans, and Exhibit D, Wireless Services Product Terms and Conditions, referred to herein and made an integral part of this agreement. Due to technical and/or service and product changes, as new plan options and/or services are offered by the Contractor, the County shall have the option of switching, adding, and/or deleting products and/or services as required. Additional rate plans and/or services will be identified in subsequent, sequential attachments to this Agreement. Changes to any plans may be done at any time during this Agreement without penalty. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Page 1 of 21 16E4 Contractor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Any County agency may purchase products and services under this Agreement, provided sufficient funds are included in their budgets. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal and Exhibit C - Sprint Nextel Rate Plans. Any and all Nextel iDEN accessories will be at a twenty percent (20%) discount off the then current price sheet. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Contractor's acceptance of late or partial payments is not a waiver of its right to collect the full amount due. Disputed Charges. If the County disputes a charge in good faith, the County may withhold payment of that charge if the County makes timely payment of all undisputed charges and, within thirty (30) days of the due date, provides Contractor with a written explanation of the County's reasons for disputing the charge. The County must cooperate with Contractor to promptly resolve any disputed charge. If Contractor determines, in good faith, that the disputed charge is valid, Contractor will notify Customer and Customer must pay the charge promptly or invoke the dispute resolution process in this Agreement. If Contractor determines in good faith that the disputed charge is invalid, Contractor will credit Customer for the invalid charge 4. NOTICES, All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Sprint Solutions, Inc. 2001 Edmund Halley Drive Reston, VA 20191 MS: VARESP0101-1076 Attention: Michaela Clairmonte Manager, Contract Negotiations & Management Telephone: (703) 433-8581 Facsimile: (703) 433-8798 Page 2 of 21 16E4 With A Copy To: Sprint Solutions, Inc. 4914 South Tamiami Trail Sarasota, FL 34231 Attention: Tim Yokum, Public Sector Account Manager Telephone: 941-929-2108 Facsimile: 941-929-2101 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Scott Johnson, Purchasing Agent Telephone: 239-252-8995 Facsimile: 239-252-6588 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Contractor will recognize and honor all validly and properly issued and executed tax exemption certificates delivered by the County and statutory exemptions and will not bill the County for any such exempted taxes. Contractor's rates and charges for Products and Services, set forth in Contractor's response, do not include taxes. The County will pay all applicable taxes for which it does not hold a valid tax exemption, including, but not limited to, sales, use, gross receipts, excise, value-added, property, transaction, or other local, state, or national taxes or charges imposed or based on the provision, sale or use of Products and Services. Notwithstanding any other provision of this Agreement, if a jurisdiction where the County conducts business requires the Page 3 of 21 16E4 County to deduct or withhold separate taxes from any amount due to Contractor, the County must notify the Contractor in writing. The Contractor will then increase the gross amount of the County's invoice so that, after the County's deduction or withholding for taxes, the net amount paid to the Contractor will not be less than the amount the Contractor would have received without the required deduction or withholding. The County is not responsible for payment of Contractor's direct income and employment taxes. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should either party be found to have failed to perform its services in a manner satisfactory to the non-breaching party, as per this Agreement, following a thirty-day period to cure, the non-breaching party may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE, The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 4 of 21 16E4 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County within fifteen (15) days of any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by law and subject to the limitations set forth under Florida Statutes Section 768.28, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all third party claims for liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees arising directly from performance of this Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted in whole or in part, by the gross negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed by the Contractor in the performance of this Agreement. This indenmification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arIsmg from the sole negligence of Collier County. Nothing in this paragraph shall be construed as a waiver of the limits of liability County has by virtue of sovereign immunity in excess of what is afforded under law. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #08-5012 Specifi- cations/Scope of Services and Exhibits A, B, C and D. Page5of21 16E4 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Page 6 of 21 16D4 the County's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the Contractor with full decision-making authority and by the County's staff person who would make the presentation of any settlement reached at mediation to the County's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. ASSIGNMENT, SUBLEASE, SALE, etc.: Should the contractor sell or sublet this contract or any part thereof to any person or entity other than the awardee, the Board of County Commissioners shall be notified in writing immediately upon the transfer of ownership. The assignment of this contract or any part thereof, shall require that its assignee be bound to it and to assume toward the contractor, all of the obligations and responsibilities that contractor has assumed toward the County. In the County's best interest, and at its option, the service/commodity may be re-bid, delivering a sixty (60) day written notice to the new owner(s). Page 7 of 21 16E4 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST;::. ''',;., J.,.~; ),,, , Dw~g E:'Br.q~~..Clerk of Courts , '., 0f1 ~ ,",D~.1\_ ~ ""~'r~Lr~ Gated: 3<1i:"6~ Att.fSEAL)' " ;S, u.to.,.....~ slqna6i~~j~'''''''''' . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . SPRINT SOLUTIONS. INC. Contractor By: iI;I~;5k",,-~ , Signatute" H. Leon Frazier - Senior Vice President Typed signature and title Klc~w\ CU\I(2.f-.{oV'l'tlC- tType/print witness namet Sprint - Approved as to Legal Form HAF - 25 Feb 2008 Approved as to form and legal sufficiency: ~ Item # lloe+ Agenda ." _"7 L. 0 Dale ~ <<---- -;----1 g; 1 i W 1 -------~--I-: ~i--1 ~ co co! eni co! cui ail ,001 cui m! 51 ia.. 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'" - U ,;: u " '" '" ., l- :::l '" '" '~ u 0 ~ UJ ~o.. ..., >- 0 - ~ " ::l a. 0 ..J U <( ,;: '" l- OJ OJ - 0 :::l W W 0 l- - .c -, (/) " (5 f.J ;:: ., .c ~ >- OJ U5 E N '0 ('0 ~ .s ;;; (J) E v " OJ .2 C'> '" ~ =- <ll ::l ;: ;; 'f 0.. (/) " cC :;: - '" .. r-- UJ s: l- u '" '" ~ l- '" - U ::l " ., 0 UJ ~ u ..., ., ~ >. 0 .c 0 - ~ - :0 0 0.. .c " .. - '" c '3 '" UJ UJ '0 ::; '0 .c ., 0.. - '" 0.. '" " '<:3 .c 0 :::l - (/) 0 E -.;: '" '" ,9- >- 0 '" 0 ,,; ~ l- "2- '" ~ ~ - E u 2: " '" '" '" :::l 0 '0 E ., ., 0 " OJ :> ,;: C UJ if) ~ ., 0 '0 - (/) u Ol ,;: E <( OJ a. ., E a::: '2 '" ~ !!! '" :I: :;: ., a. UJ 0 " .c 0 .. ::; a " i!: c .?= '" - '0 ..J :;; ., - '" m <( 0 ;;; - u N '" ., 0 u '" u ~- - a::: (,) ,- .c '" " ::; ro '0 ::l '-' 0 E " (/) -= '" ii 0 ...: ';:: UJ -.;: C " t5 " '-' (/) U) l- '" <( ,.,"" 0 .. en a::: ::;; if) W 2: <i' a::: ~ ~; >a:::~ ~ AG.TRONIX SPECL\IJU(IIN MOTOllOU IRRIGATION CONTllOl. SYsroIs 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 16/ A 18 QUOTA TION/PROPOSAL -" DATE QUOTE NO, 1ln/2007 832 CUSTOMER NAME Collier County DOA 1M!fransportation 2885 HorsesOOe Drive South Naples, FI. 34104 RECEIVED DEe 1 C 2007 Transportation ATM Dept. TERMS REP SHIP VIA PROJECT Net 30 SLT ITEM DESCRIPTION QTY PRICE TOTAL REVISED 12/17107 per conversation wJMike McGee Radio Road Phase I Landscape lrrigation Project Bid#08-5004 Controller PI & C4 PI .8 Scorpio AC 8 Station w/Radio in Large Double Door Cabinet F2848A UHF(450-470MHz) Scorpio AC 2in/80utwl HT750 I 1,325,00 1,325,00 Radio 800.()365 12v Power Supply LDA50F 4.3amp 1 100,00 100,00 800-7106 H-IN-5 AC Power Cable I 0,00 0,(1) 800-711l H-OU-9 DC Power Cable I 0,00 0,(1) SB-24DSS SS Enclosure DD 24W X 36H 24D I 2,280.00 2,280,00 PED-24DSS SS Pedestals 24W X 12H X 20D I 585,00 585,00 MLB-8-AC Surge Protector AC 2in/8out I 266.50 266.50 85836 Low Profile Aot UHF 450-470 MHZ I 90,00 90,00 51020-WM Leviton S urge Protection I 176,00 176,00 8299-AW GFI W!Switch Leviton (l5Amp) I 39,00 39,00 T-II Single Gang Box I 0,00 0,00 Controller C4- Scorpio 16 Station wlRaclio (18" Cahinet) F2848A UHF(450-470MHz) Scorpio AC 2in/8outwl HI750 1 1,325,00 1,325,00 Radio FLN2154A Scorpio AC VO Expansion Kit I 225,00 225.00 800-0365 12v Power Supply LDA50F 4.3amp I 100,00 100.00 Thank you for )Qur business. TOTAL QUOTE GOOD FOR 60 DAYS, SIGNATURE Page 1 AG.TRONIX SPEClAUZING IN MOlOROl.\ IRRIGAnON CONnloL mIlS 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 18 QUOTA TION/PROPOSAL 16/ A DATE QUOTE NO, 11n/200? 832 CUSTOMER NAME Collier County DOA lMffransportation 2885 Horsesooe Drive South Naples, Fl. 34104 RECEIVED i"iEe i e 2007 Transportation ATM Dept. TERMS REP SHIP VIA PROJECT Net 30 SLT ITEM DESCRIPTION QTY PRICE TOTAL 800-7106 H-lN-5 AC Po""r Cable 1 0,00 0,00 800.7111 H-OU-9 DC Power Cable 1 0,00 0,00 SB-18SS SS Enclosure 18W X 36H X 12D 1 1,290,00 1,290,00 SB-18SS SS Enclosure 18W X 36H X lID I 1,290,00 1.290,00 MLB-8-AC Surge Protector AC 2ini80ut 2 235,00 470,00 85836 Low Profile Ant UHF 450-470 MHZ 1 90,00 90,00 51020-WM Leviton Surge Protection 1 189,00 189,00 8299-AW GFl W!Switch Leviton (l5Amp) 1 39,00 39,00 T-ll Single Gang Box 1 0,00 0,00 Thank you for )Our business. TOTAL $9,879,50 QUOTE GOOD FOR 60 DAYS, SIGNATURE Page 2 AG.TRONIX SPEClAUlINllH MOTOROlA 1RRI1iA11OH COImIol S'mEHS 1304 N. 15th STREET lMMOKALEE, FL. 34142 239-657-5519 161 AIR QUOTA TION/PROPOSAL DATE QUOTE NO, Un/200? 833 CUSTOMER NAME Collier County DOA 1MITransportation 2885 Horsesooe Drive South Naples, Fl. 34104 RECEIVED [ C"- 1 (\ ~007 ~J... !) 1... I TransportatIon ATM Dept. TERMS REP SHIP VIA PROJECT Net 30 SLT ITEM DESCRIPTION QTY PRICE TOTAL REVISED 12117/07 Radio Road Phase II Landscape Irrigation Project Bid#08-5004 Controller C2 & Existing Controller C4 @GlennEagle Controller C2- Scorpio 32 Station wlRadio in Double Door Cabinet The bid calls fQr upgrade of 16 station Scorpio Controller to a 32 station. The cabinet is not big enough and is not to Collier County current standards. Please see attached pictures. Recommendation: Ccntractor to remove existing controller and make arrangements for delivery to Ag- Tronix. Ag- Tronix will rein~iall controller in large double door cabinet with new surge boards and power equipment. The Scorpio controller will be upgrared to a 32 station Scorpio and ready for delivery to the county, for installation. by a contractor. F2805A Scorpio V2 AC 2 in/8 out I 800,00 800,00 FLN2154A Scorpio AC VO Expansion Kit I 225,00 225,00 800-0365 12v Power Supply LDA50F 4.3amp I 100,00 100,00 800-7106 H-lN-5 AC Power Cable 1 0,00 0,00 800-7111 H-OU-9 DC Power Cable I 0,00 0,00 SB-24DSS SS Enclosure DD 24W X 36H 24D I 2,280,00 2,280,00 Thank you for )Our business. TOTAL QUOTE GOOD FOR 60 DAYS, SIGNATURE Page 1 AG.TRONIX SPICWJ1ING IN MoToROU IRRIGATION CONTROL S1sTI:MS 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 161 A 10 QUOTATION/PROPOSAL DATE QUOTE NO, lln/2007 833 CUSTOMER NAME Collier County DOA TMffransportation 2885 Horsesooe Drive South Naples, FI. 34104 RECEIVED DEe 1 C 2007 TransportatIOn ATM Dapt. TERMS REP SHIP VIA PROJECT Net30 SLT ITEM DESCRIPTION QTY PRICE TOTAL PED-24DSS SS Pedestals 24W X 1211 X 20D I 585.00 585,00 MLB-8-AC Surge Protector AC 2in/8out 4 266.50 1,066,00 85836 Low Profile Aot UHF 450-470 MHZ 1 90,00 90,00 51020-WM Leviton Surge Protection 1 176,00 176,00 8299-A W GFI W/Switch Leviton (15Amp) 1 39,00 39,00 T-ll Single Gang Box 1 0,00 0,00 Existing Irrinet to upgrade from 32 station to 48 station. Please see attached picture referring to Irrinet Glenn Eagle. The old cabinet does not meet Collier COlUlty current standards. Recommendation: Contractor to remove existing controller and make arrangements for delivery to Ag~Tronix. Ag-Tronix will reinstall controller in large double door cabinet with new surge boards and power equipment. The Irrinet controller will be upgraded to a 48 station and ready fer delivery to the county, for installation by a contractor. SB-24DSS SS Enclosure DD 24W X 3611 24D 1 2,280.00 2,280,00 PED-24DSS SS Pedestals 24W X 1211 X 20D 1 585,00 585,00 85836 Low Profile Ao! UHF 45D-470 MHZ (Low power radio, 1 90,00 90,00 High power radio has Omni directional antenna on site.) FLN2016A 16/4 Mixed VO AC M<Xinle Kit 1 800,00 800,00 MLB-8-AC Surge Protector AC 2in/8out 6 235.00 1,410,00 51020-WM Leviton Surge Protection 1 189,00 189,00 8299-AW GFl W/Switch Leviton (15Amp) 1 39,00 39,00 Thank you for )Our business. TOTAL QUOTE GOOD FOR 60 DAYS, SIGNATURE Page 2 16/ A 1 R AG.TRONIX SPECLW!ING III MOTOIlOl.\ IRRIGAnON CONTROL SYsTEMs 1304 N. 15th STREET 1MMOKALEE, FL. 34142 239-657-5519 QUOTA TION/PROPOSAL DATE QUOTE NO, 1ln/200? 833 CUSTOMER NAME Collier County DOA lMffransportation 2885 Horsesme Drive South Naples, FI. 34104 RECEIVED DEe 1 B 2007 Transportation ATM Dept. TERMS REP SHIP VIA PROJECT Net 30 SLT ITEM DESCRIPTION QlY PRICE TOTAL T-II Single Gang Box 1 0,00 0,00 TSI Technical Services 8 75,00 600,00 Thank: you for )Our business. TOTAL $11,354,00 QUOTE GOOD FOR 60 DAYS, SIGNATURE Page 3 16/ A "liEf 298 Sobol Polm Fiood cjaples, H 34 i 4 Telephone : 239,732.4624 - fox: 2397320077 Em oil info@ allofoaples,co m December 14. 2007 t~~'rr1Je !'1.'I+,ol Collier County, Transportation Department 2885 Horseshoe Dr. S Naples. Fl 34104 Attn: Darryl Richard We are pleased to submit for your consideration our proposal to provide the following landscape Service at: Radio Rd; Naples, Fl SCOPE OF WORK LandscaDe service: Install 90 Crown of Thorns (red) 1 gallon across from Taylor Rental on Radio Rd 90 Crown of Thorns at $ 12.00 each $ 1, 080.00 Install 90 Bags of Eucalyptus Blend Mulch to plant bed. 90 bags of Mulch at .70 per bag labor only $ 43,00 Total: $ 1143.00 '~ "\ ~' , j : '.\ .,'V' \. ~ (07-051 Radio Rd. Landscape prop. 12-12-07) 161 A 1 2e 25, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY __ 1)f (7\1 ) WATER AND W ASTE/W A TER AUTHORITY rlala --------- Halas ..L~-----< ,- I~ennlng _ ,---~ Joyle .- - ,V-- ,-:oletta - ---- Naples, Florida, June 25, 2007 LET IT BE REMEMBERED, that the Collier County Water and Waste/Water Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION in Room 610 at the Community Development and Environmental Services Building, 2800 N. Horseshoe Dr., Naples, Florida, with the following members present: CHAIRMAN: Lowell Lam (Excused) Robert Bennett Dr. Fay Biles (Excused) Jack Markel Jerry Morgan ALSO PRESENT: Jamie French - Executive Director, Operations Mgr, CDES Kenneth Kovensky - Sr. Accountant/Operations, CDES Tom Palmer - Assistant County Attorney Mise, Con<es 10 (A {q Date: Item 11:_ Copies to. / 161 A June 25, 2007 19 I. Call to Order and Roll Call (Determination of Quorum) The rneeting was called to order by Vice Chairman Robert Bennett at 2:08 P,M, A quorurn was established. II. Approval of Minutes - Meeting of March 26, 2007 Mr. Markel moved to approve the minutes of March 26, 2007. Second by Mr. Morgan. Carried unanimously 5-0. III. Items Requiring Action by Authority A. Ave Maria Utility Company, Tariff Sheet Modification for Miscellaneous Services (Page 5 of Packet) An updated Revised Sheet No. 14.0 with the Old Base Facility Charge and new gallonage charge was included in the packet and reviewed. Mr. French asked the Authority to approve the inclusion of the form of thc Tariff sheet for the Company's Wastewater Tariff. Mr. Markel moved to approve the inclusion of the Wastewater Tariff sheet in the Company's Wastewater Tariff. Second by Mr. Morgan. Carried unanimously 3-0. IV. Staff Discussion A. Staff Update - CDES Office of Operations and Regulatory Management Web Site Mr. French updated the Authority on the current changes in personnel. . He answers to Joe Schmitt, . The Website was explained and can now be viewed publicly, The link will be given to the Authority, . Ken Kovensky is the Senior Accountant for Mr. French's department and his back up, B. Upcoming Authority Meetings Staff doesn't favor short agenda's but the rneeting was necessary for the Ave Maria's item, Mr. French did not foresee any case's in the next few months, An updated Organizational Chart was requested and is available to the Authority, V. Open to the Public Kim Retallick - Orange Tree Utilities - answered questions and gave a brief update for the Authority. The following are some of the staternents made: · Has made irnprovements within the Organization . Introduced the Supervisor for Customer Services 2 161 ite 25,109 -,.;.. . Can now make payments with Credit Cards May have a Website in 6 months Discussed AMR's Will have onsite training done in August for higher tech rneters Utility expansion - rnaking progress -waiting for building (SDP has been submitted) Have a total of ],8]0 customers with 22 cornrnercial accounts No longer have the odor problem . . . . . . Mr. French suggested a tour oJOrange Tree Utility along with Ave Maria at the same time, Commissioner Coletta will be invited. VI. Authority Members Discussion - None There being no further business for the good of the County, the meeting was adjourned by the order of the Vice Chair at 2:20 PM. COLLIER COUNTY W A TERIW ASTEW A TER AUTHORITY to <7;1~ These minutes approved by the Board/Comrnittee on -.fA 8/0 <:) C 8' , as presented /' or as amended . r 3 .." ,- , i)s~, \1 ria a ".--- , Halas Henning Coyle Coletta ;r,' I, """," LJ II A a~CF!\fEr.J' r '0 U b iGU8 8U<ild ,.,r COUI1!'1 (;,j!mn;S~~;(Jn0rs lltuUi.""t 8Mc. M.s.7.1e. A""'sc>,,, Oo".".ltt.. 270!i Horseshoe Drive South Naples, 1'1. :-\4104 January 3, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: December 6,2007 V. Transportation Services Report A. Budget Report - Caroline Soto B. Project Manager Report - Darryl Richard VI. Landscape Maintenance Report - CLM VII. Old Business VIII. Working Group Update's A. Utilities - Charles Arthur B. Maintenance - Bruce Forman C. Tax Analysis - Bud Martin D. Liaison - Dick Lydon IX. New Business X. Public Comment XI. Adjournment The next meeting is scheduled for 2:00 PM, February 7, 2~~Corres At ST. JOHNS PARISH LIFE CENTER ~ \ 625111TH Ave. Date \.) Naples, FL. f\~ "em#: -J 's to / R~.("'~ (\ .tr=~ i 161 '."f'.' I It"' ~ i~:--'; '({IU8 LI ""'-",..; n ~"~'L'iin:c- ..... ".."."", BMC. M.s.7.1t. November 1, 2007 Advisory eolltlltltt.. ~70S Horseshoe Drive South Naples, Fl, :-14104 ~ IcHi?, ,_H - "-"-." - llalas .' -:./rt-.. Hennlng,:'l I", ,.' ... ',OyI8ZV.> "~ '~o'et1<lMrt'iO'tE"$' I. The meeting was called to order by Dick Lydon at 2:00 P.M. II. Attendance Members: Bud Martin, Carol Wright, lew Schmidt (Excused), Dick lydon, Charles Arthur County: Darryl Richard - MSTU Project Manager, Tessie Sillery - MSTU Operations Coordinator, Caroline Soto - Budget Analyst Others: Jim Fritchey - ClM, Darlene Lafferty - Mancan III. Approval of Agenda Add: VII. A. Approval of Applicant Bud Martin moved to approve the agenda as amended. Second by Charles Arthur. Motion carried unanimously 4--0. IV. Approval of Minutes - October 18, 2007 Charles Arthur moved to approve the Minutes of October 18, 2007. Second by Carol Wright. Motion carried unanimously 4-0. V. Transportation Services Report A. Budget Report - Caroline Sote distributed and reviewed. (See attached) . Open P.O.s $68,983.30 . Available Operating Expense115,436.54 B. Project Manager Report - Darryl Richard distributed and reviewed (See attached) reported the Staff has not received a response from FPl on the ROW. Dick Lydon readdressed the installation of the bridge. Stated due to closure of the road widening of the bridge should occur simultane~lt\"" Involvement by the Vanderbilt Beach Residents Association was recommended. 1'," :~enl u:___ __ 1 16 , A20 VI. Landscape Maintenance Report - CLM Dick Lydon commended CLM on the frond removal from the corner of Vanderbilt & Trade Winds. Noted the material was left by Comcast 10 days prior. Dick Lydon requested a letter be sent to Waste Management insisting on a route reversal for trucks to operate from South to North. Noted the current route tramples the landscaping. Darryl Richard confirmed with Mr. Lydon that the problem was the turn radius for the trucks. Dick Lydon responded the existing North to South route damages the landscaping on both sides, Darryl Richard stated he would contact Waste Management. Dick Lydon inquired which plants would replace the dying Ixora, Jim Fritchey responded the Dwarf Fire Bush would be used. Jim Fritchey reported spraying for Thrips & Broadleaf, VII. Old Business A. Approval of Applicant - Dick Lydon noted that Jackie Bammel withdrew her application. Bud Martin moved to correct Pg. 3 V. B. Paragraph 6 should read "Bruce Foreman" of the October 18, 2007 Minutes. Second by Charles Arthur. Motion carried 4-0. Charles Arthur moved to recommend to the BCC that Bruce Foreman be appointed to the Committee. Second by Bud Martin. Motion carried unanimously 4-0. VIII. Working Group Update's A. Utilities - Charles Arthur - None B. Maintenance - Lew Schmidt - None C. Tax Analysis - Bud Martin - None D. Liaison - Dick Lydon - None IX. New Business - None X. Public Comment - None Dick Lydon thanked Carol Wright and Lew Schmidt for the hours spent working with the Committee. Noting they would be greatly missed. XI. There being no further business for the good of the County, the meeting was adjourned at 2:40 P.M. 2 16/ Vanderbilt Beach MSTU Advisory Co "ttee Dick Lydon, Chai n /~ /CJ7 , These minutes approved by the Committee on as presented or amended The next is scheduled for 2:00 P.M., December 6,2007 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL 3 A20 16 I A 20 .... "aM""" B... At.s.7.1e. Advisory 00".".111.. 2705 Horseshoe Drive South Naples, FL :-14104 November 1, 2007 Summary of Minutes and Motions III. Approval of Agenda Add: VII. A. Approval of Applicant Bud Martin moved to approve the agenda as amended. Second by Charles Arthur. Motion carried unanimously 4-0. IV. Approval of Minutes - October 18,2007 Charles Arthur moved to approve the Minutes of October 18, 2007. Second by Carol Wright. Motion carried unanimously 4-0. VI. Old Business A. Approval of Applicant - Dick Lydon noted that Jackie Bammel withdrew her application, Bud Martin moved to correct Pg. 3 V. B. Paragraph 6 should read "Bruce Foreman" of the October 18,2007 Minutes. Second by Charles Arthur. Motion carried 4-0. Charles Arthur moved to recommend to the BCC that Bruce Foreman be appointed to the Committee. Second by Bud Martin. Motion carried unanimously 4-0. Fiala Halas _0\-___ H ' ,\11' enl1lng_____._ Coyle ~-- c!.-/' oletta _ ----- "11II11.,"" BMe. M.s.7 .IC"'" u'~"uPrv (;"""","suoo,,, 161 A ~C!,::,!VED " 'I \1 ,,?,S C' ). 'J dIU AdviSOry eollllllllt.. ~70!i Horseshoe Dlive SOUdl Naples, FL :-l4104 December 6, 2007 MINUTES I. The meeting was called to order by Dick Lydon at 2:05 P.M. II. Attendance Members: Bud Martin, Dick Lydon, Charles Arthur, Bruce Forman County: Darryl Richard - MSTU Project Manager, Tessie Sillery - MSTU Operations Coordinator (Excused), Caroline Soto - Budget Analyst Others: Darlene Lafferty - Mancan III. Approval of Agenda Add: IX. A. Street Lights Bud Martin moved to approve the agenda as amended. Second by Charles Arthur. Motion carried unanimously 4-0. IV. Approval of Minutes - November 1, 2007 Change: Page 2. Correct spelling should read "Bruce Forman." Charles Arthur moved to approve the Minutes of November 1, 2007 as amended. Second by Bud Martin. Motion carried unanimously 4-0. V. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Open P,O.s remaining $65,289.03 . Available Improvements General $3,770,900.00 Charles Arthur reported there was an article stating the Florida Fund was in distress. Noting the Florida Fund was a shared pool & questioned if it would affect the Vanderbilt MSTU's ability to access Funds, Caroline Soto responded that the Vanderbilt MSTU Funds would not be affected. B. Project Manager Report - Darryl Richard distributed and reviewed (See attached) reported 1 active project - Power Line Underground Installation, Stated the project was set to go before the Board otlate, 1 :~e('r it-. .---.....-...---- 16/ A 20 County Commissioners on November 27, 2007 noting a revision to the ROW Agreement was required. (See Attached) Charles Arthur reported the following: ~ FPl announced a attachment from the original ROW Contract "Exhibit C" - Defined as the drawing for the location of all underground lines within the Vanderbilt MSTU, was not available ~ Payment was requested by FPl to initiate the Engineering Report required to produce "Exhibit C" ~ FPl was advised that payment would not be made until the ROW Agreement was signed ~ After review of the revised ROW Agreement it was discovered a provision was inserted "FPL could terminate the ROW unilaterally if the MSTU did not enter into an underlying construction agreement within 6 months of signing the ROW Agreement" ~ FPl was questioned if the above terms were required & if so the Vanderbilt MSTU required a minimum of 2 years ~ A revision was made to page 3 paragraph 5 Term. to include "However, this agreement may be terminated by FPL upon written notice in the event a separate Underground Facilities Conversion Agreement is not entered into within two Years of the date of this agreement" ~ It was noted Construction must commence within 6 months or forgo deposit monies Charles Arthur moved to approve the agreement as redrafted. Authorize the Chairman Lydon to sign the agreement & authorize payment of the Engineering process. Second by Bud Martin. Motion carried unanimously 4-0. Charles Arthur reported the ROW Agreement was on the December 11, 2007 Agenda for the Board of County Commissioners. Dick Lydon requested notification from County Staff if the ROW Agreement was on the Regular Agenda for the Board of County Commissioners. Discussions ensued. Confirmation for the Work Started Deadline was requested in order to seize the 25% discount. Discussions continued it was determined a timeline from FPl was needed, Dick Lydon reported the entry light sign at Blue Bill is inoperable, VI. Landscape Maintenance Report - CLM The expiration date for the ClM contract was questioned. Dick Lydon noted their absence. He requested the monitoring of side Street bushes that are overgrown. Noting it was a safety issue due to poor visibility. VII. Old Business - None 2 161 A 20 VIII. Working Group Update's A. Utilities - Charles Arthur - Previously discussed V. B, B. Maintenance - Bruce Forman was appointed. C. Tax Analysis - Bud Martin - None D. Liaison - Dick Lydon - Requested Jackie Bammel obtain Board Resolution from the VBRA. Diane Flagg arrived 2:41 pm IX. New Business A. Street Lights Dick Lydon stated the 2 County installed street lights at Moraya Bay Condominium on Gulf Shore Dr. were no longer needed. Relocation of the lights was recommended. Discussion ensued & was determined the lights would be donated to Parks & Recreation. X. Public Comment - None XI. There being no further business for the good of the County, the meeting was adjourned at 2:58 P.M. Vanderbilt Beach MSTU Advisory Commi ( /)/ _,?/L/t <- Dick Lydon, Chair These minutes approved by the Committee on I J... I It, I 01 as presented ,/ or amended ~ - The next is scheduled for 2:00 P.M., January 3, 2008 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL 3 .... 161 III1111f.""t BII*. At.s.7 A. A 20 Ad"lsory eo....ltt.. 270!i Horseshoe Drive South Naples, FL a4104 December 6, 2007 Summary of Minutes and Motions III. Approval of Agenda Add: IX. A. Street Lights Bud Martin moved to approve the agenda as amended. Second by Charles Arthur. Motion carried unanimously 4-0. IV. Approval of Minutes - November 1, 2007 Change: Page 2. COlTect spelling should read "Bruce Forman." Charles Arthur moved to approve the Minutes of November 1, 2007 as amended. Second by Bud Martin. Motion carried unanimously 4-0. VI. Transportation Services Report B. Project Managers Report Charles Arthur report the following: ~ A revision was made to page 3 paragraph 5 Term. to include "However, this agreement may be terminated by FPL upon written notice in the event a separate Underground Facilities Conversion Agreement is not entered into within two Years of the date of this agreement" Charles Arthur moved to approve the agreement as redrafted. Authorize the Chairman Lydon to sign the agreement & authorize payment of the Engineering process. Second by Bud Martin. Motion carried unanimously 4-0. 16/ A 20 Thursday, December 06,2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Vanderbilt MSTU Proiect Status Note; Committee not meeting for June/July/August. (V A-23)- ACTIVE -(POCo Darryl Richard) Ballpark Estimate & Committee Approval 5-3-07: Committee request that Staff call a Special Meeting only if ROW Agreement is received. Committee states that Approval of the Ballpark Estimate will not be considered until County has received ROW Agreement from FPL. Next Meeting is September 6, 2007, 5-16-07: Estimate received from FP&L - $6,680,650,00 - Survey is not included, 5-20-07: FPL confIrms that additional detail will be provided with Engineer's Binding Cost Estimate. 7-19-07 : FP&L Right of Way Agreement from Grover Whidden - County Attorney's reviewing 9-10-07: Committee still waiting on agreement with the pending estimate, 10-18-07: Committee has provided necessary Approval for Engineering deposit in the amount of $56,712,00, Engineering Deposit fee will be included in Executive Summary to BCC on 11127/07, (V A-18) - ACTIVE-ONGOING (Pac: Tcssie Sillery)- Maintenance Contract - Contract #05-3687 "Vanderbilt Beach BeautifIcation MSTU Roadway Grounds Maintenance"; Current Renewal Period expires December 13,2006, PO#4500052464; dated 10/06/2005; Commercial Land Maintenance (Vendor 100671); Notice of Award sent December IS, 2004; First Contract Period 12/14/04 to 12/13105; Second Contract Period 12/13105 to 12/13/06; Note: 2 additional renewal periods remain. (Maximum extension tbis contract is to 12/13/08) (V A-IS) - ACTIVE -- (Pac: Darryl Richard) -Power Line Underground Installation FISCAL IMPACT OF PROJECT: $6,151,000,00 PROJECT SCHEDULE: Vandl/rbilt MSTU: ROW Ag"",,,,,,nt Phu.. FPL Po_r111l4l. UnCll/rground Installation PHASE Start . End Date 4/2.312007-5/112007 (2 week FPL ComlTlitlTlent) 111712007 111712007 (actual) 12/11/2007 A~ Bee Approval & committee approval 12/1112007-6127/2008 612712008 12/281200& 7/27/2007 7/27/20(j7.1124/09 1124/2.009 I Legal Review Finalized ROW Agreement Final Document Bce APPR Pay~ to FPL 66 k FPl binding Cl)St "simate El mo. FPL Binding CO$t estimate Due 180 day (project must atart by date) NTP FPL PrQjact construellon 1 SO day constructlon Projact Complete Project Preliminary Research Phase; Construction Cost: $6,151,000,00; 1 161 A20 Preliminary Phase; FPL Request Further Breakdown of Project into 1/2 of Gulf Shore Drive for project cost to come in at approximately 3,5 million, MSTU Committee Sub-Committee Chair for FPL (Charles Arthur) to set up meeting with Commissioner conceming his request for a meeting with Committee representative, FPL representative (Grover Whitten), and representative from Homeowner's Association (member TBO), Subcommittee Chair Charles Author was to meet with Commissioner Frank Halas regarding this request and report to Staff. Tom Kuck, of Collier County, Engineering Services Department, Engineering Services Director is new contact as per Charles Arthor, Currently the Project is not moving forward due to budget constraints, unresolved procedural issues (lack of documentation from FPL i,e. Right of Way Agreement for the purposes of relocation of existing utilities and future relocation of existing and installed utilities as a result of the project. During the 1-6-06 MSTU Budget meeting the option ofa 'Revenue Bond' was mentioned by Mike Isackson he said that this would have to be confmned, FPL is to provide the requested document for agreement between FPL and Collier County, 4-17-06 -ACTIVE - FP&L to provide agreement for right of way - pending 5-1-06 - Need Documents from FPL in order to proceed with project. 5-15-06- Charles reported that FP&L would have it in a few weeks and will report to proj, mgr, 5-24-06-Call Jamie French to follow-up on status of FPL reI. to County Activities 5-30-06 - Jamie French reports Grover Widden is waiting for public service commission to approve agreement with collier county and 25% matching funding, 6-12-06 - Contacted Jamie French to obtain exact meeting times/dates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 6-27-06 Contacted Jamie French to obtain exact meeting times/dates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 7- 18-06 ; Review by public service commission - pending on approval ofBCC Vanderbilt Ordinance- Amendment. 8-7-06: BCC approval on 7/25/06 for ordinance revision to include burial of power lines, 8-22-06: Jamie French confmns meeting with Grover Whiten (Andy Whitely-alternate) and CDES staff on August 24, 2006 to review 'Hardening' program, Currently the Public Service Commission has not approved the 25% matching program by FPL (pending), Additionally, Kate Donifrio, FPL reports that they have yet to receive the fmal copy of the' agreement' for ROW utilization for the project from the FPL attorney office, 8-24-06: Jamie French, CDES, Diane Flagg, A TM Director, and Tadd Pluck, TECM Engineer attend CDES/FPL Meeting of August 24, 2006. Still under review Oct-Nov Public Service Commission will review to approve FPL proposal of 25% Cost Sharing and Right of Way Agreement and Depreciation value is under review. Funding for private individuals cannot be publicly funded (question), Switch Boxes above base flood elevation (question), 8-31-06: Jamie French communicates that Tadd Pluck has the Right of Way Agreement that Grover has been referencing to in previous conversation. 9-14-06: Jamie French reports that the County Attorney is reviewing the proposed ROW agreement. And that the Fleriela 8tate Legislature and Public Service Commission has to approve the 25% proposal from FPL. After these approvals the MSTU Committee needs to consider plan to fmance the proposal which is about 6 million (2006 FPL quote), 12-19-06: Copy of ROW Agreement forwarded to County Attorney Scott Teach for review. 1-3-07: Copy sent to Thomas Palmer County Attorney 1-10-7: County Attomey - FP&L agreement under review 1-17-07: Meeting to be set up with Charles / Grover Whidden lDanyl/ Diane - regarding agreement 1-24-07: Meeting was cancelled due to Charles being out of town and other information needs to be distributed, 2-28-07: Requested state statute # - Florida Statutes, ~ 337.403(1), 3-23-07: Request for Drawings from Vanderbilt Sidewalk Project to Trinity Scott 3-26-07: Review of Survey Data with Paul Masters and Ray Magsumbol 3-29-07: Meeting has been scheduled in the BCC Conference room - Date: April 12, 2007 - at 2:00pm - attendees - County Mgr/ Commissioner Halas/ Charles Arthur, Kathryn Donofrio and FPL members, The meeting agenda includes :Review of the fmal draft of the ROW agreement Engineering Design and Construction timeline , 2 161 ~o 4-12-07: Meeting at BCC office, FPL will work on Agreement with County Legal. Final Version of agreement requires BCC approval. Submittal ofrevised project quote request pending Committee review/approval. Coordination with FPL Working Group Leader Charles Arthur on revised quote request in preparation of Committee approval. 4-23-07: Scott Teach sends documentation for agreement to Grover Whidden, FPL response pending due by April 26, 2007 as per commitment in meeting 4/12/07, 4-24-07: Request for re-quote of ballpark estimate sent. Revised estimate due by May 15, 2007 from FPL. 5-16-07: Estimate received from FP&L - $ 6,680,650,00 - Survey is not included, 5-25-07: Grover Whidden indicates that agreement would be produced by June 15,2007, 6-15-07: Agreement has not been received from FPL. 6-19-07: Phone conversation with John Lehr, FPL confIrms that the MSTU would have to provide a survey of the project roadways, John Lehr will forward a sample drawing for use in obtaining scope of services from surveyors, John confIrms that the 25% GAF will be assessed in the CIAC Estimate, John confIrms in order to qualify for GAF 25% project is required to have 3 pole miles, and homeowner hook-up is to be completed within 6 months of last major power supply connection. Project may be phased for a total of 3 pole miles, however, time in between projects (phases) cannot exceed one year from end construction to begin construction, 7-19-07: (Grover Widden) FP&L Agreement emailed to County and County Attorney's reviewing agreement 9-4-07: Request sent to Scott Teach to obtain fmalized agreement. 10-8-07: FPL and County Legal reviewing a fmal version of agreement. 10-11-07: County Attorney - Teach sent fmal version of agreement to County Staff, 10-16-07: Right of Way agreement was emailed to Committee members. 10-18-07: ROW Agreement presented to Committee; Vanderbilt MSTU Committee approved ROW Agreement as submitted. ROW Agreement will be forwarded to FPL for approval prior to going to BCC on Nov, 27,2007. I H-07: Response from FPL is still pending. Deadline for BCC 11/27/07 is 11/08/07, 11-7-07: FP&L Agreement email to us by Scott Teach, 12-6-07: Revised agreement submitted for approval by Committee prior to 12-11-07 BCC Date, (V A-22)- COMPLETE -{POCo Darryl Richard) Parks & Recreation Signs 1-3-07: Murdo - parks & rec. - addressed committee on design 1-29-07: Murdo will report to Committee at 2-1-07 regular meeting, 2-1-07: Murdo reported with approx, estimate - committee agreed to spend up to $12,000,00 2-21-07: PO sent to Murdo for $15,500 of which Parks & Rec will be IGC'ed at time of invoice $4,000,00 4-5-07: Got the following update from Murdo Smith - Permit has been issued and the sign is being constructed, Murdo will meet up at the site with Lykins to get the proper placement of the sign, 4-26-07: Murdo Smith indicates that sign location will be further from intersection. 5-2-07: Scan of 'sign location map' sent to Lykins Signteck and Collier Parks & Recreation to confIrm sign location for Landscape Maintenance Working Group, 7-20-07: ConfIrmed with Murdo Smith - Sign footings have been installed - concrete base 8-12-07: Sign installation is completed with sign logo(s). (V A-17) - COMPLETE -Conversion to Motorola Irrigation Controller, 9-14-06: Committee votes for staff to proceed with conversion to Motorola Controller. 9-22-06: Site inspection and coordination with existing project drawings. 10-3-06: VerifIcation of specifIcation for Motorola irrinet controller with Irrigation Project Manager Roger Dick. Request for Quote from E.B, Simmonds is due by Oct, 20, 2006, E.B. Simmonds to provide all electrical components, 10-18-06: E.B, Simmonds quotes complete project at $22,790,00; requires Committee Approval in order to proceed, 11-2-06: Committee votes not to proceed with Motorolla Irrigation Controller Conversion, 11-2-06: Project cancelled, 3 16/ A 20 V A-19) ~ COMPLETE-SDP PLAN REQUEST-Request for SDP Plan for Developments within MSTU Boundary - As per MSTU Committee discussion on 10/5/2006. 11-17-06: No Plans on record as being submitted for review in Transportation per John Podczerwinsky. Plans once received will be forwarded to MSTU Liason Staff for review. (V A-16) - COMPLETE -eLM Outstanding Maintenance Items Added on September 14, 2006: l. Replace 2 valve boxes (and/or covers) at Pine and Vanderbilt Drive. 2. Cut the tops of the ficus hedges as per Working Group direction during previous walkthroughs.Replace 3. any dead and or dying bougainvillea and trim all bougainvilleas to eliminate all leaders. (Comments regarding "north of Tradewinds' bougainvillea - inspect for replacements and/or pruning) 10-5-06: Item #2 and #3 completed. 10-26-06: Item #3 Completed; all valve covers are in place. (V A-21) ~ COMPLETE -Request for Staff assistance with vehicles parking on irrigation heads and valves along Vanderbilt Drive. 10-20-06: Margie Hapke, Public Infonnation Coordinator, Public Utilities/ Admin; contacted regarding Committee request. 10-23-06: Margie Hapke sends notification to all field crews to avoid parking on grass and in particular sprinkler heads and landscaping within Vanderbilt MSTU Boundary. (V A-20) ~ COMPLETE -Request for FPL to trim trees from around power lines. 10-05-06: Committee request to have staff contact FPL to have them trim powerlines within the MSTU Boundary . 10-20-06: Becki Daniels, FPL, Vegitation Management, Senior Utility Arborist West Region contacted regarding Committee request. 10-26-06: Becki Daniels has deligated inspection and corrective action with 'Mike' ofFPL field arborist maintenance crew. Trees are to be inspected and pruned as per standard FPL practices. (V-14) COMPLETE -Bench Replacement QUOTE RECEIVED FROM ANNUAL CONTRACTOR V ARrAN CONSTRUCTION FOR $16,104.00 ($10,229.00 Installation; $5,875.00 Materials) February 10, 2006. 3-06-06 - CLM to provide quote as per committee request. 4-6-06 - CLM quote for $3,057.20 Approved by Committee April 6, 2006. 4-12-06 - Bench Order PO Sent to Contract Connections - Order will be shipped to CLM. 5-1-06 - Product order is pending, CLM is ready to install. 5-15-06 - No change in status waiting on material. 5-30-06 - Mark Adams reports bench order will arrive within two weeks and are being shipped to CLM. 6-12-06 - Still waiting for delivery. 6-21-06; Check w / Mark Adams on status 6-27-06; Order will be delivered in two weeks - Per Mark Adams 7-12-06; Order was to be shipped outjuly 11th - in transitto commercialland maint. 8-14-06: Order received by CLM and will be installed beginning August 23, 2006. Installation is to be complete by September 1, 2006. 9-14-06: Installation Complete By Commercial Land. (V- 1) - COMPLETE- PROJECT-REVISION TO VANDERBILT MSTU ORDINANCE 5-25-06-Scott Teach contacted regarding revision. 5-30-06 - Scott Teach is workiog on revising ordinance. 6-12-06 - Darryl emailed the revised ordinance to scott for approval & Dick Lydon. 6-27-06: Revising original draft coordinates and adding fiscal. 7-18-06 - BCC to approve Amended Ordinance 2006-7-25-06 4 161 ~ 20 7-25-06: BCC Approves Ordinance Revision. 8-22-06: Revision to ordinance is complete (V-2) COMPLETE-Report on Interest Rate for MSTU. Derrick Johnson reported the interest earnings for the Vanderbilt MSTU Committee. The Committee requested that Derrick provide an annual tabulation of the interest earnings since the creation of the MSTU in 2001. 3-20-06 - Tessie has request meeting with Derrick Johnson. 4-17-06 - Derrick Johnson to attend next MSTU 5-1-06 - Derrick Johnson to provide 5 year report on interest earned. 5-1506 - Derrick Johnson provided and committee satisfied with report. 5-15-06 - Committee requested an additional report with mstu report. 5-30-06 - Complete: Derek reported at mstu meeting. May 4th. (V-3) PROJECT CANCELLED-Effluent Connection - Project Preliminary Research Phase; Construction Cost: $900,000.00; Design Cost: $170,000.00; (V-4) COMPLETE-Bluebill and Baker Carroll Point Planting Project - Project Complete July 1,2005; $ll ,006.00 Project Complete (V-5) -COMPLETE - Bluebill and Gulf-Shore Drive -Project Complete August 30,2005: Construction: $2,571.00; (V-6) -PROJECT CANCELLED-Plantings Bayview @ Gulfshore Drive - Cancelled 8/16/05; Construction Cost: $1,590 (V-7) PROJECT CANCELLED -Channel Drive@GulfshoreDrive-Cancelled8/16/05;Construction Cost $1,590 Project Scope to possibly include irrigation. (V-8) - PROJECT CANCELLED - Street Sign Project-Pending Vanderbilt HOA Approval: Construction: $15,390.00 Requires HOA Approval. Project is not approved by HOA (10-18-05 report from Lew Schmidt). (V-9) - PROJECT CANCELLED-Plantings III th at Vanderbilt Drive Plantings. (V-IO) - COMPLETE- Sod Refurbishment Project - Project 50% Complete; Construction & Materials Cost: West Area ($3,999.20); East Area ($3,999.85). Project 100% Complete on 10/1/05 (V-10) -NON-MSTU PROJECT-Gulf Shore Drive Sidewalk Project-Pathways-Non-MSTU Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status. Change Order to project is being processed. (V -II) -NON-MSTU PROJECT-Sidewalk Project-East Side of Vanderbilt Drive (Vanderbilt Beach Road to Illth Avenue- Non-MSTU Project; Pathways Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status (V-l2) - COMPLETE, Vanderbilt Drive - Plant Material Replacement Project. Need to review plant locations with Commercial Land Maintenance prior to installation. Schedule at next sub-committee meeting. Meeting to be scheduled after Lew Schmidt's meeting with HOA on 1/9/06. (V-l3) - COMPLETE-BACKFLOW PREVENTION-REPLACEMENT; Backflow preventor failed to operate. Reported on 3/22/06 and repaired on 3/28/06. 5 16, A 20 COUNTY RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND CONVERSIONS THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2007 by and between the VanderbiJt Beach Beautification Municipal Service Taxing Unit, by and through its governing body, the Board of eommissioners for eollier eounty, Florida (hereafter, "VanderbiJt MSTU"), the Board of eommissioners for eollier eounty, Florida (hereafter, "Local Government") whose mailing address is 3301 Tamiarni Trail, East, Naples, Florida 34112 and Florida Power & Light eompany ("FPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429. WHEREAS, Local Government may request that FPL convert certain overhead electric distribution facilities located within and specifically limited to the following boundaries within the VanderbiJt MSTU (the "eonversion"): Ail of that property lying westerly of the centerline of VanderbiJt Drive from VanderbiJt Beach Road north to the centerline of the Little Horse Pass Bridge (eollier eounty Bridge No. 030177); thence, westerly along the meander line of the eocohatchee River until it meets the Gulf of Mexico. Said lands being more fully depicted on the drawing attached hereto as Exhibit "A" (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities some of which may be installed above ground (collectively, the "Underground Facilities") and has further requested that certain of the Underground Facilities be placed in certain of its road rights-of-way ("Local Government ROW'') and/or certain road rights-of-way owned by or under the jurisdiction of other agencies ("Other ROW''). Local Government ROW and Other ROW may be referred to collectively as "ROW"; and WHEREAS, the Vanderbilt MSTU is considering paying FPL the cost of such eonversion as required by FPL' s electric tariff and Section 25-6.115 of the Florida Administrative eode and is also considering entering into a separate Underground Facilities eonversion Agreement with FPL; and WHEREAS, FPL is willing, subject to the terms and conditions set forth in this Agreement, FPL's electric tariff and Section 25-6.115 of the Florida Administrative eode, to place certain of the Underground Facilities in the ROW, conditioned upon the Vanderbilt MSTU entering into a separate Underground Facilities eonversion Agreement and agreeing to pay the cost of such eonversion as required by FPL' s electric tariff and Section 25-6.1 15 of the Florida Administrative eode. NOW THEREFORE, in recognition of the foregoing premises and the covenants and agreements set forth herein, and other consideration the sufficiency of which is hereby acknowledged, intending to be legally bound hereby, the parties covenant and agree as follows: I. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Agreement. Page 1 of8 161 A 20 2. Conditions Precedent to Placement of Underground Facilities in ROW (a) Local Government covenants, represents and warrants that: (i) Local Government has full legal right and authority to enter into this Agreement; (ii) Local Government has full legal right and authority to take all actions and measures necessary to fulfill Local Government's obligations under this Agreement; (iii) Local Government hereby authorizes the use of the ROW by FPL for the purposes stated herein. (b) All applicable permits for FPL to install, construct, or maintain Underground Facilities in ROW must be issued on a timely basis by the appropriate agency. (c) The design and location of the Underground Facilities to which Local Government has agreed are in compliance with all operational and safety guidelines, codes and standards, (d) Local Government agrees to provide within ninety (90) days from the date of this Agreement, at its expense, a legal description that is acceptable to FPL of the ROW to be occupied by the Underground Facilities at a time before FPL initiates the design of the Underground Facilities. Said legal description shall be made part of this Agreement and attached as Exhibit "B." (e) Within a reasonable period of time after receipt of Exhibit B from Local Government not to exceed one hundred and twenty (120) days"FPL agrees to identify and document all existing FPL underground facilities within the ROW that will not be included under this Agreement. Local Government shall reimburse FPL' s reasonable costs and expenses to deliver said documentation. Said documentation shall be made part of this Agreement and attached as Exhibit "e." (f) The parties agree that the construction drawings when prepared shall be attached as Exhibit "D" to this Agreement and that the construction drawings may be amended to reflect changes to location of the facilities as required. 3. Relocation and Rearrangement of FPL Facilities. If the Local Government or other agency with control over the Local Government ROW or Other ROW, for any reason whatsoever, requires that FPL relocate or rearrange, in whole or in part, any Underground Facilities (as they are to exist as a result of this eonversion, or as they may later be modified, upgraded, or otherwise altered) from or within the Local Government ROW or Other ROW, the Local Government, notwithstanding any language to the contrary in any applicable permit or franchise agreement, and prior to any such relocation by FPL, shall provide FPL with a substitute location, satisfactory to FPL, obtain any easements that may be necessary, and shall pay FPL for the costs of any such relocation, adjustment or rearrangement, now or in the future. Local Government shall reimburse FPL for all costs to locate, expose, protect or support the Underground Facilities, whether underground or above ground, in the event of future construction or excavation in close proximity to the Underground Facilities, when such services are required by Local Government or other agency with control over the Local Government ROW or Other ROW Local Government shall use its best efforts in any design and Page 2 of8 16/ A 20 construction of its future road improvement projects to avoid or mitigate the necessity of relocating or adjusting the Underground Facilities in Local Government ROWand, to the extent reasonably practicable, in Other ROW. 4. Abandonment or Sale of Local Government ROW. If the Local Government desires to subsequently abandon or discontinue use of the Local Government ROW, and ownership of the land is transferred to a private party, the Local Government, as a condition of and prior to any such sale, abandonment, or vacation, shall grant FPL an easement satisfactory to FPL for the Underground Facilities then existing within the ROW or require the transferee to so grant FPL an easement satisfactory to FPL at the time of transfer. If ownership of the Local Government ROW is transferred to another public entity, that public entity shall take the ROW subject to the terms and conditions of this Agreement. 5. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the Underground Facilities placed in the ROW. However, this Agreement may be terminated by FPL upon written notice in the event a separate Underground Facilities eonversion Agreement is not entered into within two years of the date of this Agreement. 6. Title and Ownership of Underground Facilities. Title and ownership of Underground Facilities installed by FPL as a result of this Agreement shall, at all times, remain the property ofFPL. 7. Conversion Outside ROW. In the event that the FPL Underground Facilities are not, for any reason other than the sole error of FPL or its contractors, constructed within the ROW, Local Government shall grant or secure, at Local Government's sole cost and expense, new easements or ROW grants for the benefit of FPL for the placement of the Underground Facilities in these areas, and shall secure subordinations of any mortgages affecting these tracts to the interest of FPL. 8. Agreement Subject to FPL's Electric Tariff. This Agreement is subject to FPL' s electric tariff, including but not limited to the general rules and regulations for electric service and the rules of the Florida Public Service eommission, as may be revised, amended or supplemented from time to time. 9. Venue; Waiver of Jury Trial. This Agreement shall be enforceable in eollier eounty, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in eollier eounty, Florida. By entering into this Agreement, FPL and the Local Government expressly waive any 'rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. This Agreement shall be construed in accordance with the laws of the State of Florida. 10. Attorney Fees. In the event it becomes necessary for either party to institute or defend legal proceedings as a result of the failure of the other party to comply Page3of8 161 A 2r with the terms, covenants, or provisions of this Agreement, each party in such litigation shall bear its own cost and expenses incurred and extended in connection therewith, including, but not limited to attorneys' fees and court costs through all trial and appellate levels. I I. Assignment. The Local Government shall not assign this Agreement without the written consent of FPL 12. Recording. This Agreement shall be adopted by the Local Government and maintained in the official records of Local Government for the duration of the term of this Agreement. This Agreement also shall be recorded in the Official Records of the eounty in which the Underground Facilities are located, in the place and in the manner in which deeds are typically recorded. 13. Conflict Between Terms of Permit or Franchise Agreement. In the event of a conflict between the terms of this Agreement and any permit or franchise agreement entered into by Local Government and FPL, the terms of this Agreement shall control. 14. Notice. Any notice, instruction or other communication to be given to either party hereunder shall be in writing and shall be hand delivered, te1ecopied, sent by Federal Express or a comparable overnight service or by U. S. registered or certified mail, with return receipt requested. and postage prepaid to each party at their respective addresses set forth below: As to Local Government and Vanderbilt MSTU: With copies to: As to FPL: Page 4 of8 Page 50f8 16 f A 20 16 5 ~ 20 IN WITNESS WHEREOF, Florida Power & Light eompany, Vanderbilt MSTU and the Local Government have executed this Agreement on the date ftrst set forth above. For and on behalf of the VANDERBILT MSTU Advisory Committee, through its Chairperson, By: (signature) Name: and By and through COLLIER COUNTY, FLORIDA as the LOCAL GOVERNMENT and in its capacity as the governing body of the VANDERBILT MSTU: By: (signature) Name: JAMES N. eOLETTA Title: eHAIRMAN, BOARD OF eOMMISSIONERS OF eOLLIER FLORIDA eOUNTY eOUNTY, ATTEST: DWIGHT E. BROeK, elerk By: Deputy elerk Approved as to Form and Legal Sufficiency: Scott R. Teach, Managing Assistant eounty Attorney Page 6 of8 16/ A For FLORIDA POWER & LIGHT COMPANY By: (signature) Name: (print or type) Title: (print or type) Page 7 of8 20 16' ~ 20 "'U4f :J l- e/) :EM 1-"'" ...J.... -0 a1z a::J ~u.. Z < > 0 to ~ 0 0 0 0 0 0 0 :5 0 0 0 8 ;3j co N 0 8f:: 0 ... '" 0 N 0 0 0 0 0 0 0 '" .... 0 0 ..; N ci 0 <Xi 0 0 0 0 ..; 0 ~ g ~ .... <Xi .,; 0 ~I 0 N co .... 0 '" 0 0 0 0 ... 0 18~ 0 0 '" .... N .... to "'- a 0 '" '" N m m <0 to .,; ci ~ .,; ci .,; ci ci .,.: ~ .,; .... M ci ga ~ N ~ .... .... 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Hennlng._~ Coyle _. -_.__ Coletta. _..~._ MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 4, 2008 RECEIVED JAN 1 8 2008 ROd!d of (;ounty Con>mlssioners LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Gary Dantini, Code Enforcement Supervisor Carol Sykora, Code Enforcement Supervisor Bendisa Marku, Code Enforcement Operations Coordinator Misc. Corres I G (B I Date: Item#: ;::o,ie.s to: ~ 1 6 I ... e. tI!If luary 4, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:12 AM RECONVENED: 9:30 AM II. APPROVAL OF AGENDA Bendisa Marku, Code Enforcement Operations Coordinator, proposed the following changes: (a) Under Item VI(A.), "Motion for Imposition of Fines," Case # 2007030266 - BCC vs. Ricardo Montpelier Acosta, and Case # 2007030265 - BCC vs. Ricardo Montpelier Acosta were withdrawn by the County due to foreclosure. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Hearing held on December 7, 2007 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS A. Motions for Continuance: (under "Motion for Imposition of Fines") 5. Case # 2006100283 - Georl!e G. Smith Jr. Tr.. Anita U. Smith Tr.. Smith Trust UTD 05/09/07 The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator Heinz Box was present. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Accumulation of litter Violation address: 1120 St. Clair Shores Rd. The Special Magistrate noted the Respondent had submitted a written Request for a Continuance which stated he would be out of town at the time of the Hearing. The Investigator stated the eounty would not oppose the granting of a eontinuance. The Special Magistrate APPROVED the Respondent's Request for a Continuance. 2 161 B Janlary 4, 2008 (under "Hearings") 16. Case # 2007070244 - BCC vs. Mary Edwards The Hearing was requested by the Respondent who was not present. Collier County eo de Enforcement Investigator Azure Sorrels was present Violation(s): Ord. 04-41 as amended, Sees. 1O.02.06(B)(1)(A), 1O.02.06(B)(I)(E) and 10.02.06(B)(1)(E)(I) Building permits Violation Address: 47 Moon Bay St. The Special Magistrate noted the Respondent had submitted a written Request for a Continuance on December 17, 2007 due to hospitalization and medical treatment. The Investigator stated the County would not oppose the granting of a Continuance. The Special Magistrate APPROVED the Respondent's Requestfor a Continuance. V. PUBLIC HEARINGS A. Stipulations: 7. Case # 2007040354 - BCC vs. Desi!!ners' Collectables LLC, Kevin G. Coleman, RIA The Hearing was requested eollier County Code Enforcement Investigator Stephen Athey who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 10.02.06(B)(I)(A), 10.02.06(B)(1)(E) & 1O.02.06(B)(I)(E)(I); Collier County Land Development Code, Section 22, Article II, Subsections 104.1.3.5; Florida Building Code 2004 Edition, Sees. 105.1 & 105.7 Building permits Violation address: 792 I loth Ave. N. A Stipulation had been agreed to by Evelyn Waldron as owner and manager of Designers' Collectables, LLC, on November 14, 2007. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain all required permits and a Certificate of Completion on or before March 4, 2008, or afine of $1 00. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent paid the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $235. 83. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 3 -.---,-.......". ,,~-. ,-~-,.,._--,_.,..,,''''''....._.._-----'''-~.,._-_.~'_.,~'_......-..,',. 16~ B Janu14, 2008 5. Case # 2006120105 - BCC vs. Albert Rex and VIla M. Rex The Hearing was requested Collier eounty Code Enforcement Investigator Christopher Ambach who was present. The Respondents were not present. Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(I)(A), 1O.02.06(B)(I)(D) & 1O.02.06(B)(1 )(D)(I); Collier County Land Development eode, Section 22, Article II, Subsections 104.1.3.5 & 106.1.2; Florida Building Code 2004 Edition, Sees. 105.1 & 105.7 Building permits Violation address: 40 Island Lake Lane A Stipulation had been agreed to by the Respondent. Albert Rex, on January 2, 2008, on behalf of his wife, Ulla M Rex, and himself The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $288. 61 on or before January 18, 2008. 15. Case # 2007090235 - BCC vs. Mark W. Markisen & Estella Markisen The Hearing was requested by eollier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent, Mark W. Markisen, was present and also represented his wife, Estella Markisen. Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(I)(A), 1O.02.06(B)(I)(E) & 1O.02.06(B)(I)(E)(I); Florida Building Code 2004 Edition, Sec. 105.1 Building permits Violation address: III San Salvador St. A Stipulation had been agreed to by the Respondent, Mark w: Markisen, on behalf of his wife, Estella Markisen, and himself The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $224. 81 on or before February 4, 2008. 4 1(r1 8 Jlary 4, 2008 1. Case # 2007080054 - BCC vs. Jose Luis Jaimes & Martina Jaimes The Hearing was requested by Collier County Code Enforcement Supervisor Carol Sykora who was present. The Respondents were also present. Violation(s): Ord. 04-58, Sec. 7 Rental registration Violation address: 588 Hope Cir. A Stipulation had been agreed to by the Respondent. The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain a Collier County Rental Registration on or before January 11, 2008, or afine of $25. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $231. 50 on or before February 4, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 4. Case # 2007080854 - BCC vs. Julia E. Perkins & Gabriel Juan Mejia Medina The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez who was present. The Respondents were also present. Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(I)(A), 1O.02.06(B)(l)(E) & 1O.02.06(B)( I )(E)(I); eollier County Land Development Code, Section 22, Article II, Subsections 104.1.3.5 & 106.\.2; Florida Building Code 2004 Edition, Sec. 105.1 Unpermitted shed-type structure on estates-zones parcel Violation address: 3945 2th Ave. NE, Naples, FL 34120 A Stipulation had been agreed to by the Respondents on January 3. 2008 and January 4, 2008. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $244. 23 on or before February 4, 2008. 5 _._-,"-"""',-~...- 161 8 J~ 4, 2008 18. Case # 2007090903 - BCC vs. Robin Okolski The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(l )(A); Florida Building Code 2004 Edition, Secs. 105.l Building permits Violation address: 145 Capri Blvd., Naples, FL 34113 A Stipulation had been agreed to by the Respondent. The Investigator stated there is a possibility that a permit does exist. She will conduct further research. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain a Collier County Building Permit or a Collier County Demolition Permit, all necessary inspections, and a Certificate of Completion on or before February 15, 2008, or afine of$100.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $212.44 on or before March 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. The Special Magistrate ruled that, due to the unusual circumstances in this case, the Order would not take effect until Wednesday, January 9, 2008, to allow the Investigator some time to research the possibility of an existing permit. The Investigator is to contact the Special Magistrate's office with the results of her research. lfthe permit does exist, the case will be dismissed and Operational Costs will not be assessed. 19. Case # 2007100314 - BCC vs. Anthonv Siracusa The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Inoperable/untagged vehicles Violation address: 1755 Bay St., Naples, FL 34112 A Stipulation had been agreed to by the Respondent on January 2, 2008. The Investigator stated the violation had been abated. 6 .---.,.--,,--- 16 :1 Q i,.",i 1 January 4, 2008 Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(~) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $222.14 on or before February 4, 2008. 24. Case # 2007100131 - BCC vs. Ann P. Moore Tr., Ann P. Moore Rev Livin!! Trust UTD 12/30/03 The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ord. 04-4 \ as amended, Sec. 4.05.03(A) Multiple vehicles parked/stored on unstablilized surface Violation address: 2837 Van Buren Ave. A Stipulation had been agreed to by the Katherine Ferrari, the Respondent's daughter, on behalf of the Respondent. Ms. Ferrari provided a copy of Letters of Plenary Guardianship of the Person and Property, attesting to her authority to act on behalfofthe Respondent. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$209.32 on or before February 4, 2008. 22. Case # 2007080520 - BCC vs. Gale V. McCain Tr.. Gale V. McCain Rev. Trust The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was not present. Violation(s): Ord. 04-4\ as amended, Sec. 4.05.03(A) Vehicles parked/stored on grass on residential.zoned property Violation address: 22 Constitution Dr. A Stipulation had been agreed to by the Respondent who signed as Gail McCain-Brooks. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $215. 01 on or before February 4, 2008. 7 16r B l>ow I January 4, 2008 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. Case # 2006110409 - BCC vs. Carmen Vasallo The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Collier County Code Enforcement Investigator Thomas Keegan; The Respondent was also present. Collier County Code Enforcement Investigator Carmelo Gomez served as translator. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Accumulation oflitter Violation address: 1013 Newmarket Rd. W., Immokalee, FL The Respondent stated she would accept Investigator Gomez as a translator because she had no choice since she had been unable to find anyone to translate for her. Supervisor Dantini stated the County would not oppose the granting of a Continuance. The Special Magistrate GRANTED a Continuance in this case. The Respondent will be re-noticed of the new Hearing date in order to obtain a babysitter for her children and a Translator to bring with her to the new Hearing. 7. Case # 2004090245 - BCC vs. Cvnthia Jean Guv The County was represented by eollier County Code Enforcement Supervisor Gary Dantini and Collier County Code Enforcement Investigator John Santafemia. The Respondent was also present. Violation(s): Ord. 04-41, Secs. lO.02.06(B)(1)(A) & lO.02.06(B)(1)(D)(I) Garage conversion without permit Violation address: 3037 55th Terr. SW Supervisor Dantini stated the violations had been abated. The County requested imposition of the Operational Costs in the amount of$124.18 together with fines in the amount of$9,350.00 for the period from June 2, 2005 through December 6,2005 (187 days @ $40.00), for a total fine of $9,474.18. The Respondent stated the garage conversion was pre-existing when she bought the property. She presented documentation to the Court attesting to the problems with contractors and delays caused by professional contractors that she hired who did not complete the work. The documentation was marked as Respondent's Composite Exhibit "A" and admitted into evidence. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but, due to mitigating circumstances, abatement and due diligence by the Respondent, the Special Magistrate imposed payment only of Operational Costs of $124. 18. 8 ...".......""-"~._-........_,--~...,"_."._-~-_."'.'"... -. -- 16 ~ B JJuary 4, 2008 V. PUBLIC HEARINGS A. Stipulations: 20. Case # 2007110041- BCC vs. Jose A. Ortel!a The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. VioIation(s): Ord. 04-41 as amended, Sec. 2.0I.00(A) Repeat Violation: Inoperable/untagged vehicle Violation Address: 3085 Karen Dr., Naples, FL 34112 The Special Magistrate asked if the Respondent understood both English and the violations against his property. He stated that he did understand. The Investigator introduced a photograph of the truck whieh was marked as County Exhibit "A" and admitted into evidence. The Respondent stated the truck belonged to his tenant. Since the tenant refused to comply, he asked the tenant to move from the premises. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violationM and was ordered to pay afine in the amount of $500.00 on or before February 4, 2008. The Respondent was ordered to affix a valid license plate and repair the vehicle, or to store the vehicle in a completely enclosed structure, or to remove it from the premises on or before January 9, 2007 unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply within this time frame, Code Enforcement may obtain contractor bid-out and assess the cost for the abatement to the Respondent. If necessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $206. 11 on or before February 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. The Special Magistrate advised the Respondent if he could not remove the vehicle by January 9, 2007, the fine of $1 00 per day would be retroactive from November 2, 2007 until the date of actual abatement. 21. Case # 2007110023 - BCC vs. Jose A. Ortel!a The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. The Respondent was also present. 9 161 B Jlary 4, 2008 Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Repeat Violation: Inoperable/untagged vehicle Violation Address: 3069 Karen Dr., Naples, FL 34112 The Investigator introduced photographs of the vehicle which were marked as County's Composite Exhibit "A" and admitted into evidence. The Respondent stated the tenant operated an auto repair business from the property but that he has stopped. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of $1,000.00 on or before February 4, 2008. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $206. 11 on or before January 7,2008. The Respondent requested additional time to pay and the Special Magistrate extended the deadline to March 4, 2008for Case # 2007110041 and Case # 2007110023. RECESS: l1:12AM RECONVENED: 11:35AM V. PUBLIC HEARINGS B. Hearings: 8. Case # 20071 00 1 02 - BCC vs. Y ulav Exposito & Aide Exposito The Hearing was requested by Collier County Code Enforcement Investigator Carmello Gomez who was present The Respondent was also present. Violation(s): Ord. 05-44, Secs. 6 & 7 Unlawful to litter, accumulation of litter Violation address: 5031 32nd Ave. SW The Respondent stated he was unable to bring a translator with him to the Hearing. The Special Magistrate GRANTED a Continuance in this case. 14. Case # 2007060699 - BCC vs. Hubert Jean Baptiste The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 7(2)1O.02.06(B)(1)(A), 1O.02.06(B)(1)(E) 10 16 r B 1 January 4, 2008 and 1O.02.06(B)(1 )(E)(I) Fence permits Violation address: 626 N. 10th St., Immokalee, FL 34142 The Special Magistrate verified that the Respondent did not need the services of a translator. The Investigator introduced a copy of Permit #2005012746 (expired) which was marked as County Exhibit "A" and admitted into evidence. He also introduced a copy of Permit #2007081841, dated August 24,2007, which was marked as County Exhibit "B" and admitted into evidence. The Respondent stated he had hired a contractor to complete the work but the contractor did not obtain the Certificate of Completion and did not tell him. The Respondent introduced a copy of a eollier County Correct Work Order which was marked as Respondent's Exhibit "A" and admitted into evidence. The Investigator stated the work has been done, but he has not obtained a Certificate of Completion. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(~) and was ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all necessary inspections, and a Certificate of Completion on or before February 4,2008, or afine of$100.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $234. OJ on or before February 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(~) had been abated. 13. Case # 2007070119 - Bee vs. Julius Bembrv The Hearing was requested by eollier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Multiple inoperable/untagged vehicles Violation address: 1009 Ringo Lane, Immokalee, FL 34142 The Investigator stated he spoke with the Respondent's son-in-law in July 2007. The son- in-law refused to allow him access to take photographs of the property. In November, the Investigator was still not allowed access although the Respondent's grandson told him the vehicles had been removed from the property. The Investigator introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidcnce. II ;l')'t",> B 1 January 4,2008 161 The Respondent stated his son-in-law is basically uncooperative with everyone. He works in ajunk yard and repairs cars at home as a hobby. He stated there are 3 personal cars on the premises which are operable but he is not sure if the license plates on the vehicles are current. The Respondent stated he does not reside on the property and has repeatedly warned his son-in-law about not accumulating vehicles. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation('~ and was ordered to affIX a valid license plate and repair the vehicle(s), or to store the vehicle(s) in a completely enclosed structure, or to remove the vehicles from the premises on or before January 9,2007 or afine of $50. 00 per vehicle per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. Ifthe Respondent is unable to comply within this time frame, Code Enforcement may obtain contractor bid-out and assess the cost for the abatement to the Respondent. If necessary, assistance may be requestedfrom the Collier County Sheriff's Office to perform a site inspection. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$227.33 on or before March 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(~) had been abated. 2. Case # 2006081160 - BCC vs. Noe Garcia and Enedina Lopez The Hearing was requested by Collier County Code Enforcement Investigator Michelle Scavone who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(1 )(A), I 0.02.06(B)(1 )(D) & 1O.02.06(B)(1)(D)(l) of the Collier County Land Development Code; Florida Building eode 2004 Edition, Sec. 106.1.2 Building permits Violation address: 661 3'd St. NW The Investigator introduced two photographs of the property which were marked as County's Composite Exhibit "A" and admitted into evidence. The Investigator stated both the property and the Courthouse were posted and there was a return receipt in the tile which had been signed by Enedina Lopez on September 26, 2006. The Investigator introduced a copy of a fax, dated April 4, 2007, from J.C. Kosinski Engineering, Inc. containing drawings of the pump house enclosure which was marked as County's Exhibit "B" and admitted into evidence. The Investigator stated no permits had been issued for the property. 12 .._,-_._,~-.,._",--, __~_<~~..~"..__.u".-"~~",,'-".---.,.-----""'--- 16 I-B. Jan14,2008 The Investigator introduced photographs of the painted shed and pump house, dated January 3, 2008, which were marked as County's Composite Exhibit "c" and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all necessary inspections and a Certificate of Completion on or before February 4,2008, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $263.36 on or before February 4, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 3. Case # 2007100032 - Bee vs. Jason Bottie:lia The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono who was present. The Respondent was not present. Violation(s): Florida Building Code 2004 Edition, Secs. 424.2.17.1 to 424.2.17.14, and Article IV, Property Maintenance Code, Sec. 22.228, Paragraph 15 of the Collier County Code of Laws and Ordinances Unsecured pool screen and pool maintenance Violation address: 102 eedar erest Ct. The Investigator stated the owner does not reside in Florida. The owner stated he purchased the property without inspection as an investment but that it was vacant. The pool has dirty, stagnant water and is a health issue. The damaged enclosure screens allowed access into the pool area and is a safety issue. The Investigator introduced photographs of the property, dated October 1,2007, which were marked as eounty's Composite Exhibit "A" and admitted into evidence. He also introduced photographs of the property dated January 3, 2008 which were marked as County's Composite Exhibit "B" and admitted into evidence. The Investigator stated the Notice of Violation had been sent to the Respondent via Certified mail, and the property had been posted. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to immediately secure the upper- haifofthe pool screen door on or before January 9, 2008 or afine of $250. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to clean the pool and provide clean water on or before January 11, 2008 or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special 13 ...__.~-,.~".,-,.....",._-,,_.~,-,..'" 161 B 1 January 4, 2008 Magistrate. If the Respondent is unable to comply within this time frame, Code Enforcement may hire a licensed contractor to abate the violations and the cost will be assessed to the Respondent. The Re~pondent was ordered to pay the Operational Cost.. incurred by Code Enforcement during the prosecution of this case in the amount of $203. 41 on or before February 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 6. Case # 2007090519 - BCC vs. Pedro A. Ibarbia & Isabel R. Ibarbia The Hearing was requested by Collier County Code Enforcement Investigator Stephen Athey who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(B)(3) Commercial vehicles(s)/equipment in residential districts Violation address: 696 1041h Ave. N., Naples, FL 34108 The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$219.44 on or before February 4, 2008. (NOTE: Investigator stated during the Hearing that the Violation was a "Covered utility trailer parked and stored in the driveway in front of dwelling. '1 9. Case # 2007090337 - BCC vs. Georl!:e Cirabisi & Vickie Lea Cirabisi The Hearing was requested by Collier County Code Enforcement Investigator Glenn Karr who was present. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsec. 15 Pool maintenance Violation address: 1935 Empress Ct., Naples, FL 34110 The Investigator stated he had received a complaint about the condition of the pool. The property was vacant and there was no electricity. The owner stated that he was filing bankruptcy and was unable to repair the property. The Investigator introduced a photograph of the property which was marked as County Exhibit "A" and admitted into evidence. 14 ...---,,----~~._~-_._--_._-._..~-"_. 161 R 1 January ,2008 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to clean the pool and provide clean pool water on or before January 9, 2008 or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Cost~. incurred by Code Enforcement during the prosecution of this case in the amount of $244.47 on or before February 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 10. Case # 2007090300 - BCC vs. Kerry Hvppolite The Hearing was requested by Collier County Code Enforcement Investigator John Santafemia who was present. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 121 & 12L Ord.04-58, Sec. 7, Subsec. 2 Minimum housing Violation address: 2640 Santa Barbara Blvd., Naples, FL 34116 The Investigator introduced three photographs of the property, dated September 10,2007, which were marked as eounty's Composite Exhibit "A" and admitted into evidence. The property and the Courthouse were posted. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay for a Collier County Rental Registration on or before January 11, 2008, or afine of $25. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to repair the broken windows, screens, and air conditioning unit on or before January 11, 2008 or afine of $250. 00 per day will be imposedfor each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $259.74 on or before February 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 11. Case # 2007070801- BCC vs. Mateo F. Avala The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sees. 1.04.01,2.02.03 & 2.01.00(B) Recreational vehicle being utilized for living/sleeping purposes on 15 -"""-"~~~_._.,._,--~,,....,, <'" B 1 161 January 4,2008 residential-zoned property Violation address: 319 N. 6th St., Immokalee, FL 34142 The Investigator introduced 5 pages of photographs which were marked as County Composite Exhibit "A" and admitted into evidence. He also introduced a one page document verifying abatement which was marked as County Exhibit "B" and admitted into evidence. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $225. 12 on or before February 4, 2008. 12. Case # 2007070644 - BCC vs. Rodrie:uez Rentals Inc. The Hearing was requested by Collier County Code Enforcement Investigator Jonathan Musse who was present. The Respondent was not present. Violation(s): Ord. 04.41 as amended, Sees. 1O.02.06(B)(1)(A), 1O.02.06(B)(1)(E) & 1 0.02.06(B)(1 )(E)(I) Building permits Violation address: 1613 Gross Ave., Immokalee, FL 34142 The Investigator stated the violations had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $233. 93 on or before February 4, 2008. 17. Case # 2007070649 - BCC vs. James M. Poteet The Hearing was requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sees. 10.02.06(B)(1)(A), 1O.02.06(B)(l)(E) & 1O.02.06(B)(l)(E)(I), Florida Building eode 2204 Edition, Sec. 105.1 Building permits Violation address: 71 Isle of St. Thomas The Investigator stated the County had withdrawn this case. 23. Case # 2007100819 - BCC vs. Jill J. Weaver The Hearing was requested by Collier County Code Enforcement Investigator Thomas Keegan who was present. 16 ------,_._---_.,-_."_."'---~ 16\ R 1 January 4, 2008 The Respondent was not present. Violation(s): Ord. 04-41 as amended, Secs. 2.01.00(A) Repeat Violation: Inoperable/untagged vehicles Violation address: 4620 Acadia Ln. The Investigator introduced four photographs of the property which were marked as County's Composite Exhibit "A" and admitted into evidence. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(~) and was ordered to affIX a valid license plate and repair the vehicle(s), or to store the vehicle(s) in a completely enclosed structure, or to remove the vehicles from the premises on or before January 9, 2007 or afine of $1 00. 00 per day will be imposed retroactive from October 24, 2007 until the date of abatement, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply within this time frame, Code Enforcement may obtain contractor bid-out and assess the cost for the abatement to the Respondent. If necessary, assistance may be requestedfrom the Collier County Sheriff's Office to perform a site inspection. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $206. 99 on or before March 4, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. VI. NEW BUSINESS A. Motion for Impositiott of Fines: I. Case # 2007060653 - BCC vs. Richard Carter The eounty was represented by Code Enforcement Supervisor Carol Sykora and Investigator Reggie Smith. The Respondent was not present. Violation(s): Collier County Code of Laws & Ordinances, Article VI, Sec. 22-231(5) Private pool maintenance Violation address: 196 Briarcliff Ln., Naples, FL 34113 The Investigator introduced the following documents which were marked as eounty Exhibits and admitted into evidence: Exhibit "A" - a copy of the proof of delivery on December 21, 2007 from the US Postal Service website Exhibit "8" - copy of Affidavit of Posting by Investigator Mario Bono dated December 18, 2007 Exhibit "c" - photographs of the posting at the property and the Courthouse Supervisor Sykora stated the violations had not been abated and fines continued to accrue. 17 ...~___",~.__"~.,,~.,~_,,,',M~'~'___.~'_'_' .'~...~ 161' B 1 January 4,2008 Supervisor Sykora stated the County was requesting imposition of the Operational Costs in the amount of$233.62 together with fines in the amount of $17,250.00 for the period from October 27,2007 through January 3,2008 (69 days @ $250/day), for a total fine of $17,483.62. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 2. Case # 2005051118 - BCC vs. Jill J. Weaver & Henrv Tesno The County was represented by Code Enforcement Supervisor Carol Sykora and Investigator Thomas Keegan. The Respondents were not present. Violation(s): Ord. 99-5], Sec. 7 Litter on property Violation address: 3203 Woodside Ave., Naples, FL 34112 Supervisor Sykora stated the violation had been abated. The County requested imposition only of Operational eosts of$219.29 The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 3. Case # 2006100087 - BCC vs. Jill J. Weaver The eounty was represented by Code Enforcement Supervisor Carol Sykora and Investigator Thomas Keegan. The Respondent was not present. Violation(s): Ord. 05-44, Sec. II, Para. 1 Weed overgrowth Violation address: 4620 Acadia Ln. Supervisor Sykora stated the violation had been abated. The County requested imposition only of Operational Costs of $144.17 The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 6. Case # 2006040453 - BCC vs. Russell J. Leehaul! Tr., Leehaul! Familv Tr. The County was represented by eode Enforcement Supervisor Carol Sykora and Investigator Heinz Box. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 7(2) Failure to register rental property Violation address: 422] Gulfstream Dr., Naples, FL 34112 Supervisor Sykora stated the violation had been abated. IS _...,_",..~_..,_,_.,__."~.,.~._~~,_"__,_,."._..,.n~ ,_,__ _,_,. 16 B Janl4, 2008 The County requested imposition only of Operational Costs of $154.54. The Investigator stated he contacted the Respondent who confirmed that he had paid the Operational Costs. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA - None IX. REPORTS The Special Magistrate stated a Public Forum would be held on January 31,2008 at 9:00AM in the BCC Chambers. The purpose of the Forum is to give the public an opportunity to learn more about how a case comes before the Special Magistrate and the Hearing process. There will be mock hearings with public participation invited. X. NEXT MEETING DATE -January 18, 2008 There being ttO further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1:30 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING These Minutes wep: approved by the Special Magistrate on as presented v' , or as amended . tiN 101 I I 19 _,,_..,,_..,w,__--..,__.._,..~......,._._~.,_______~.~_____.._~_'~__...--., i1tot; 161 ~, 1 1j .,~ January 18,2008 .:'t MINUTES OF THE HEARING OF THE COLLIER COUNTY ;; f)P .~ " ,'; SPECIAL MAGISTRATE Fiala ~~ Y, Halas ' Henning Coyle _ Coletta ,::.,ll,':I'C; Naples, Florida, January 18, 2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3'd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Gary Dantini, Code Enforcement Supervisor Bendisa Marku, Code Enforcement Operations Coordinator Mile. CClIIfI: 1 G I 6 I Date: Item': Copies to: J 161 B ;1 January 18, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:14 AM REeONVENED: 9:32 AM II. APPROVAL OF AGENDA Bendisa Marku. Code Enforcement Operations Coordinator, proposed the following changes: (a) Under Item VCR): . ease # 2007080938 - Charles Haines was removed as a Respondent . Case # 2007080683 - BCC vs. Janet St. Onge - the Ordinance Sections were changed to Secs. 1.04.01 and 2.02.03 (b) Under Item VI(A): . Case # 2007020739 - BCC vs. Jose A. Ortega - The violation address was changed to 3107 Karen Drive, Naples, FL 34112 (c) The following cases with WITHDRAWN by the County due to payment of fines: . ease # 2007030778 - BCe vs. Romana Lipkova & Marian Yanko . Case # 2004050653 - BCC vs. Dana Watson · Case # 2004090039 - BCC vs. Rosario M. Sosa & Mercedes Sosa The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Hearing held on January 4, 2008 were reviewed by the Special Magistrate and approved as submilled. IV. MOTIONS A. Motions for eontinuance: NONE Sue Chapin, Secretary to the Special Magistrate, stated Stipulations had been reached in the following cases: . Agenda # 8 - BCC ys. Tereatha Hawkins Estate · Agenda # 5 - BCC ys. Janet St.; Onge . Agenda # 6 - BCe vs. Janet St. Onge . Agenda # 7 ~ BeC vs. Janet St. Onge 2 16~ I '-1!lfII ~,,' L: Ji'.nuary 18, 2008 V. PUBLIC HEARINGS A. Stipulations: 8. Case # 2007080437 - BCC vs. Tereatha Hawkins Estate The Hearing was requested Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was represented by Diane Woolfork. Violation(s): Ord. 04-58 as amended, Sec.6, Subsec.] 21 Minimum housing Violation address: ]209 N. 19th Terr., Immokalee, FL A Stipulation had been agreed to by Diane Woo!fork who is the daughter of the Decedent. Upon questioning by the Special Magistrate, Ms. Woolfork stated Probate proceedings had not been opened. She also stated the Decedent had other children. The Special Magistrate stated she would accept the Stipulation contingent upon receiving letters of authorization Irom Ms. Woolfork's siblings allowing her to represent them as heirs of the Estate. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay Operational Costs incurred by Code EnjfJrcement during the prosecution of this case in the amount of $250.39 on or before March 18,2008. The Special Magistrate ruled that the Order would not be recorded until proof of authorization had been sabmitted to Code EnjfJrcement. The Investigator was requested to forward the information to the Office of the Special Magistrate. 5. Case # 2007080683 - BCe vs. Janet St. On!!e The Hearing was requested Collier County eode Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 04-41 as amended, Secs. 1.04.01 & 2.02.03 Unlicensed/inoperable vehicles Violation address: 11399 Tamiami Trail East, Naples, FL 34113 A Stipulation had been agreed to by the Respondent. The Investigator stated the violations had not been abated. 3 r.",j" B lanuary 18,2008 161 Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY (~rthe alleged violationM and was ordered to obtain and affix a valid license plate for each vehicle, or to store the vehicles in a completely enclosed structure, or to remove them from the premises on 01' before January 23, 2008, 01' a fine of $50. 00 per day will be imposed for each day the violations remain thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $229.2301101' before Februmy 18, 20(}8. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 6. Case # 2007080682 - BCe vs. Janet St. One:e The Hearing was requested Collier County eode Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 04-58 as amended, Sec. 7(2) Rental registration Violation address: 11399 Tamiami Trail East, Naples, FL 34] 13 A Stipulation had been agreed to by the Re;pondent. The Investigator stated the violation was abated on January 6, 2008. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $227. 68 on or before February 18, 2008. 7. Case # 2007080700 - BCC vs. Janet St. One:e The Hearing was requested Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent had been present earlier and entered into a Stipulation, but left before the Hearing could be heard. Violation(s): Ord. 04-58 as amended, Sec. 6, Subsecs. 9, 11, ]28, ]2], 12P, ]9A, 1ge and 20 Minimum housing Violation address: 11399 Tamiami Trail East, Naples, FL 341 13 A Stipulation had been agreed to by the Respondent. The Investigator stated the violation had not been abated. 4 J ocr, /~ / I -...iFlw 1~ "~"(' . ,. 16 ij J n :ry 18, 2008 Finding the Notice of !fiaring had been properly served, the Respondent was found GUILTY of the alle1;f!d violation(s) and was ordered to repair all the Minimum Housing violationyUsted on the Property Maintenance Inspection Report dated November 17, j.!#J'TOn or before January 25, 2008, or a fine of $250.00 per day will be imposed for each day the violations remain thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of$227.15 on or before February 18, 2008. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation(~') had been abated. V. PUBLIC HEARINGS B. Hearings: 4. ease # 2007080938 - BCC vs. Linda Haines & Williams Haines The Hearing was requested Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were also present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 12B, 12e & 12/ Property Maintenance Violation address: 3087 Lunar St." Naples, FL 34112 The Investigator introduced photographs of the property taken August 20, 2007 which were marked as County's Exhibits 1-9 and admitted into evidence. The Respondent, Linda Haines, stated she was aware of the condition of the vacant mobile home but both she and her son, William Haines, had been hospitalized on several occasions due to severe medical problems. She stated she lives next door to the property and that it is fenced. She verified that she was divorced from Charles Haines whose name was removed as a Respondent. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain a Collier County Demolition Permit, inspections and a Certificate of Completion on or before May 18, 2008, or afine of $250. 00 per day will be imposedfor each day the violations remain thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents are unable to comply within this timeframe, Code Enforcement may obtain contractor bid-out and assess the cost for the abatement to the Respondent. If necessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $244.99 on or before May 18, 2008. The Respondents were ordered to maintain contact with the Investigator and to contact him on or before March 18, 2008 with a status report. 5 161 B 1 January 18,2008 RECESS: 10:17 AM RECONVENED: 10:35AM VI. NEW BUSINESS A. Motion for Imposition of Fines: 8. Case # 2006110511 - BCC vs. Oscar Garateio & Nircia Alvarez Garateio The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Collier County eode Enforcement Investigator Michelle Scavone. The Respondent, Nircia Alvarez Garatejo, was present and also represented her husband, Oscar Garatejo. Violation(s): Ord. 04-41 as amended, Sec. 1.04.0 I (B). 2.02.03 & 2.03.0 I (B) Tile stored on Estates-zoned areas Violation address: 3271 22"d Ave. NE Supervisor Dantini stated the violations had been abated. The County requested imposition of the Operational eosts in the amount of$276.53, together with fines in the amount of $1, I 00.00 for the period from October 13, 2007 through October 24,2005 (II days @ $100.00), for a total fine of $1,276.53. The Respondent stated she had attempted to remove the tile within the time frame as previously ordered but, due to the weight of the tiles, required a truck which broke down and delayed completion. She stated the property is now in foreclosure due to their financial situation and requested a reduction of the fine. The Investigator stated the Respondent was very cooperative and maintained contact during the process. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines hut due to mitigating circumstances, the Special Magistrate reduced the fines to a total of $476.53, including Operational Co.\.ts. 21. Case # 2004100730 - BeC vs. Alfredo & Miradis MiraIles The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Collier County Code Enforcement Investigator Heinz Box. The Respondents were present. Alex Miralles served as translator for his parents. Violation(s): Ord. 04-41 as amended, Sees. 5.06 & 10.02.06(8) Wall signs without permits Violation address: 105 I" Street S., lmmokalee, FL 34] 42 The Investigator stated the violations had been abated. 6 J[ 6 , ~anuary~, 20~8 The County requested imposition of the Operational Costs in the amount of $261.53, together with fines in the amount of $4,850.00 for the period from August 6, 2005 through October 31,2005 (97 days @ $50.00), for a total fine of $5, 111.53. The Respondent stated the tenant erected the sign without permission. He stated he felt it was unfair for him to be responsible for his tenant's violation. He was unaware of his right to have the tenant evicted. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines hut due to mitigating circumstances, the Special Magistrate reduced the fines to a total of $I, 761.53, including Operational Costs. 22. Case # 2007020295 - BCC vs. Miradis Miralles The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and eollier eounty eode Enforcement Investigator Heinz Box. The Respondent was present. Alex Miralles served as translator for his mother. Violation(s): Ord. 04-58, Sec. 7(2) Failing to register rental property Violation address: 431 Wells Street, lmmokalee, FL 34142 Supervisor Dantini stated the violations had been abated. The County requested payment only of Operational Costs of$265.70. The Respondent stated she did not know she had to register the property but did so as soon as she was advised of the violation. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 25. Case # 2007050391 - BCC vs. Octavio Carillo and Y oana Carrillo The County was represented by Collier County eode Enforcement Supervisor Gary Dantini and eollier eounty Code Enforcement Investigator Jonathan Musse. The Respondents were present. Violation(s): Ord. 04-41 Sec. 2.0 I.OO(C) Commercial vehicles Violation address: 1209 N. 18th St., Immokalee, FL 34142 Supervisor Dantini stated the violation had been abated. The County requested imposition of the Operational Costs in the amount of$169.38, together with fines in the amount of $1,500.00 for the period from September 25,2007 through October 10,2007 (15 days@$100.00), for a total fine of$I,659.38. 7 161 n J. . ~I/ ' ,. Janu.18, 2008 The Respondent stated the Operational Costs had been paid and produced a copy of a money order which was marked as Respondent's Exhibit "A" and entered into evidence. He stated that he is a seasonal worker who is away from his property for long periods of time. He was unaware of the violations until the mail caught up with him. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but due to mitigating circumstances, the Special Magistrate reduced the fine to a total of $750.00. 26. Case # 2005030605 - BCC vs. Jose A. Orte!!a The County was represented by eollier eounty Code Enforcement Supervisor Gary Dantini. The Respondent was also present. Violation(s): Ord. 99-51, Secs. 6 & 7 Litter Violation address: 3107 Karen Drive, Naples, FL 34112 The Special Magistrate asked the Respondent if he required a translator to understand the proceedings, he declined. Supervisor Dantini stated the violation had been abated by the eounty On December 1.2005. The County requested imposition of the Operational Costs in the amount of $1 04.42, and abatement fees in the amount of $300.00, together with fines in the amount of $22,800.00 for the period from June 8, 2005 through November 7,2005 (152 days @ $150.00), for a total fine of $23,204.42. The Respondent stated he lives in Fort Myers and his tenant assured him that he would remove the litter, appear in eourt and pay the fine. The Respondent also stated he was unable to check on the tenant because of the hours that he works and that he trusted him. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 27. Case # 2005040514 - BCC vs. Jose A. Orte!!a The County was represented by Collier County Code Enforcement Supervisor Gary Dantini. The Respondent was also present. Violatiott(s): Ord. 99-51, Secs. 7 Litter Violation address: 3069 Karen Drive, Naples, FL 34112 Supervisor Dantini stated the violation had been abated by the County. 8 161 B Janul 18. 2008 The eounty requested imposition of the Operational Costs in the amount of$ I 52.13, and abatement fees in the amount of $200.00, together with fines in the amount of $14,500.00 for the period from July 16,2005 through December 1,2005 (145 days @ $100.00), for a total fine of$14,852.13. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 28. Case # 2007020741 - BCC vs. Jose A. Ortel!a The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Thomas Keegan. The Respondent was also present. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Accumulation of Litter Violation address: 3085 Karen Drive, Naples, FL 34112 Supervisor Dantini stated the violation had been abated by the County. The County requested imposition of the Operational Costs in the amount of$ I 20.94, and abatement fees in the amount of$800.00, together with a civil penalty of$500 for the repeat violation, and fines in the amount of$15,000.00 for the period from April 28, 2007 through June 27, 200 (60 days @ $250.00), for a total fine of$16,420.94. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. The Special Magistrate asked the Respondent if he had evicted the tenants who caused the problems. He stated he had not because they were family and had no where else to go. The Special Magistrate asked the Respondent why he had not paid more attention to this properties after he received the Notices of Violation. He had no answer. She asked him ifhe realized that his inattentiveness made him seem as ifhe were an irresponsible owner. He agreed. 29. Case # 2007020739 - BCC vs. Jose A. Ortel!a The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Thomas Keegan. The Respondent was also present. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Accumulation of Litter Violation address: 3\ 07 Karen Drive, Naples, FL 34112 Supervisor Dantini stated the violation had been abated by the County. The County requested imposition of the Operational Costs in the amount of$120.94, and 9 r", JJahu118,i008 abatement fees in the amount of$1 ,360.00, together with a civil penalty of $250.00 for the repeat violation, and fines in the amount of$ll ,250.00 for the period from April 28, 2007 through June 11,2007 (45 days @ $250.00), for a total fine of $12,980.94. ,;;.. 6" ~] "- ;" f, I J . , ,_i!~ The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 30. ease # 2005120130 - BCC vs. Jose A. Ortel!a The County was represented by eollier County Code Enforcement Supervisor Gary Dantini and eode Enforcement Investigator Heinz Box. The Respondent was also present. Violation(s): Ord. 05-44, Secs. 6, 7 & 8 Accumulation of Litter Violation address: 3107 Karen Drive, Naples, FL 34112 Supervisor Dantini stated the violation had been abated by the Respondent. The County requested imposition of the Operational Costs in the amount of$166.33, together with fines in the amount of $ I 0,800.00 for the period from February 24, 2007 through June 11,2007 (108 days @ $100.00), for a total fine of $10,966.33. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. The Special Magistrate stated the total fines due for all of the Respondent's cases is $78,424.76. She stated there were no mitigating circumstances that would allow her to reduce the fines. REeESS: 11:55 AM REeONVENED: 12:17 PM V. PUBLIC HEARINGS B. Hearings: 1. ease # 2007080213 - BCC vs. Gilda Navarro The Hearing was requested by Collier County Code Enforcement Investigator Glenn Karl' who was present. The Respondent was not present. Violation(s): Florida Building Code 2007 as amended, Secs. 424.2.17.1 & 424.2.17.1.8 Swimming pool without fencing or enclosure Violation Address: 9741 Campbell Cir, Naples, FL 34109 The Investigator introduced a photograph of the property which was marked as County Exhibit "I" and admitted into evidence. 10 16' B 111 -!iuary 18, 2008 The Investigator stated the property was vacant and subject into foreclosure. He stated the Notice of Violation was personally served on the owner. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to obtain the appropriate Collier County Permit to construct a permanent fence, impections and a Certification of Completion on or before February 18, 2008, or afine of $1 00. 00 per day will be imposed for each day the violations remain unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during tlte prosecution of tit is case in the amount of $252. 25 on or before February 18, 2008. The Respondent is to notifY tlte Investigator within 24 hours of a workday to concur the violation(s) Itad been abated. 2. Case # 2007090460 - BCC vs. Wells Far!!O Bank c/o David J. Stern The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono who was present. The Respondent was not present. Violation(s): Florida Building eode 2004 as amended, Secs. 424.2.17.1 & 424.2.17.1.14 and Florida Statute Chapter 515 as adopted by Collier County Pool screen door panel torn and unsecured from pool enclosure frame Violation Address: 313 Bay Meadows Dr., Naples, FL 34113 The Special Magistrate stated that David J. Stern was an attorney representing the Respondent and was, therefore, not a party to this action. The Investigator introduced photographs of the property which were marked as County's Exhibits "J" and "2,"and were admitted into evidence. The Investigator stated the violation had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but was CORRECTED prior to the Hearing, tlte Respondent was found GUILTY of tlte alleged violationM and was ordered to pay Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $222.2 7 on or before February 18, 2008. 3. ease # 2007060712 - Bee vs. Paul Huttter & Kellv J_ Hunter The Hearing was requested by eollier County Code Enforcement Investigator John Marsh who was present The Respondents were not present. Violation(s): Ord. 05-44, Secs. 6 & 7 Litter Violation address: 3428 Toledo Way II ", Eb 'I. j"" \ If'", ' 1 t"1 Januar I Jz008 The Investigator introduced photographs of the property which were marked as County's Exhibits "]" and "6,"and were admitted into evidence. He stated the property was vacant, and subject to foreclosure. The property and the Courthouse had been posted. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to remove all litter on or before January 25, 2008, or afine of $1 00. 00 per day will be imposed for each day the violations remain unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Re~pondents are unable to comply within this time frame, Code Enforcement llIay obtain contractor bid-out and assess the cost for the abatement to the Respondents. If necessary, assistance may be requestedfrolll the Collier County Sheriff's Office. The Re~pondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $337.61 on or bej;n'e February 18, 2008. The Respondents are to notifY the Investigator within 24 hours 0/ a workday to concur the violation had been abated. VI. NEW BUSINESS A. Motion for Imposition of Fines: I. Case # 2007070252 - BCC vs. Humberto L. Jaen The County was represented by eollier County Code Enforcement Supervisor Gary Oantini and Code Enforcement Investigator John Santafemia. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. 1,2,5,6,9, ] 1,121, 12J, 120, 12P, 12R, 15, 19C & 20 Numerous minimum housing violations Violation address: 824 981h Ave. N., Naples, FL 34 108 The Special Magistrate noted that "Section 6" had been omitted from the Agenda, and amended it to include the reference to the Ordinance Section. Supervisor Oantini stated the violations had not been abated and fines continued to accrue. The eounty requested imposition of the Operational eosts in the amount of$337.08, together with fines in the amount of $17,500.00 for the period from November 10, 2007 through January 18,2008 (70 days @ $250/day), for a total fine of$ 1 7,837.08. The Special Magistrate GRANTED the County's Motion/or the Imposition of Fines. 2. Case # 2007050023 - BCC vs. Janet Perlata The County was represented by eollier eounty Code Enforcement Supervisor Gary Oantini and Code Enforcement Investigator John Santafemia. The Respondent was not present. 12 1618 (\~'l, Jan~y 18, 2008 Violation(s): Ord. 04-58, Sec. 6, Subsecs. I, 8, 9, II, 12C, 121, 12N, 120, 12P, 19A, 190, and 20 Numerous minimum housing violations Violation address: 2365 55'" Terr. SW, Naples, FL 34 108 The Special Magistrate again noted that "Section 6" had been omitted from the Agenda, and amended it to include the reference to the Ordinance Section. Supervisor Oantini stated the violations had not been abated and fines continued to accrue. The County requested imposition of the Operational eosts in the amount of$323.20, together with fines in the amount of $17,500.00 for the period from November 10, 2007 through January 18,2008 (70 days @ $250/day), for a total fine of$17,823.20. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 3. Case # 2006100196 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Supervisor Gary Oantini and Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6, Subsecs. I & 2 Minimum housing Violation address: 3064 Van Buren Ave., Naples, FL 34112 Supervisor Oantini stated the violation had been abated although the Respondent had not provided proof of reimbursement to the tenant. The County requested imposition of Operational Costs of$236.81, together with a civil fine in the amount of $500.00, for a total fine of $736.81. The Investigator stated he could not verify that the tenant had been reimbursed since the tenant had moved. He requested that this requirement be removed from the previous Order of the Special Magistrate. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and approved the request to remove the reimbursement requirement. 4. Case # 2007090022 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Supervisor Gary Oantini and Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Violation address: 3080 Van Buren Ave., Naples, FL 34112 13 16 Bnuary}, 2008 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational Costs of $234.] I, together with a civil fine in the amount of $500.00, for a total fine of $734.11. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 5. Case # 2007080937 - BCC vs. Jill J. Weaver & Henry Testto The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violation(s): Ord. 04-4] as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Violation address: 3072 Van Buren Ave., Naples, FL 34112 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational Costs of$249.56, together with a civil fine in the amount of $500.00, for a total fine of $749.56. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 6. Case # 2007090202 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondent was not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A) Unlicensed/inoperable vehicles Violation address: 3064 Van Buren Ave., Naples, FL 34112 Supervisor Dantini stated the violation had been abated. The eounty requested imposition of Operational eosts of$229.04, together with a civil fine in the amount of$500.00, for a total fine of$729.04. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 7. Case # 2007080921 - BCC vs. Jill J. Weaver The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsec. 7, 121, 12L Repeat Minimum housing violations 14 ~-"-~----,~__.,_... n""_'..._.o, ...__.___ 16 I JaJBy Ii,}08 Violation address: 3080 Van Buren Ave., Naples, FL 34112 Supervisor Dantini stated the violation had not been abated and fines continue to accrue. The eounty requested imposition of Operational Costs of$247.07, a civil fine in the amount of $ ] ,000.00, together with fines in the amount of $24, 150.00 for the period from November] 0,2007 through January 18,2008 (69 days @ $350/day), for a total fine of $25,397.07. The Special Magistrate GRANTED the County's Motion for tlte Imposition of Fines. 9. Case # 2007060683 - Bce vs. Peter E. Thomas The eounty was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Stephen Athey. The Respondent was not present. Violation(s): Ord. 04-41 as amended, LDC Sec. 2.01.00(A) Unlicensed vehicles Violation address: 74896']' Ave. N., Naples, FL 34108 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational eosts of $232.12 Tlte Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 10. Case # 2007060682 - BCC vs. Peter E. Thomas The eounty was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Stephen Athey. The Respondent was not present. Violation(s): Ord. 05-44, Sec. 7 Accumulation of Litter Violation address: 748 96]h Ave. N.. Naples, FL 34108 Supervisor Dantini stated the violation had not been abated and fines continue to accrue. The eounty requested imposition of Operational eosts of $232. I 2, together with fines in the amount of $9,800.00 for the period fi'om October 13, 2007 through January 18, 2008 (98 days @ $1 OO/day), for a total fine of $] 0,032.12 Tlte Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 11. Case # 2007070771 - BCC vs. Fernando Rodrif!uez The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Carmelo Gomez. 15 16' B" Inuary 18,2008 The Respondent was not present. Violation(s): Ord. 03-37, Sec(s). 5A, 58 & 5C Right of Way permits Violation address: 1737 42"d St. SW, Naples, FL 34116 Supervisor Dantini stated the violation had not been abated and fines continue to accrue. The County requested imposition of Operational eosts of$227.55, together with fines in the amount of $19,600.00 for the period from October 13,2007 through January 18,2008 (98 days @ $200/day), for a total fine of $19,827.55. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 13. Case # 2007070221 - BCC vs. Saint Juste Florestant & Joan S. Florestattt The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and eode Enforcement Investigator earmelo Gomez. The Respondents were not present. Violation(s): Ord. 05-44, Sec. 6 & 7 Unlawful litter & accumulation of litter Violation address: 283 I 47th Terr. SW, Naples, FL 34116 Supervisor Dantini stated the violation had been abated in November, 2007. The County requested imposition of Operational Costs of$259.80. The Investigator stated the property was sold in December, 2007. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 16. Case # 2006010411- BCC vs. Juan Barnhart The County was represented by Collier County Code Enforcement Supervisor Gary Dantini and eode Enforcement Investigator John Santafemia. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 6 Tenants in dwelling exceeds allowable number Violation address: 614 Newmarket Road, Immokalee, FL 34142 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational Costs of $177 .45. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 16 'fI .9' ; r""", G' ',;, ,,~_..; t-" c~ January 18, ,zOO8 17. Case # 2005020409 - BCC vs. Saint Juste Florestant & Joan S. Florestant The County was represented by eollier eounty Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Carmelo Gomez. The Respondents were not present. Violation(s): Ord. 03- I 4, Sec. 5& 7 Residential property without required posted address Violation address: 2831 47th Terr. SW, Naples, FL 34116 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational Costs of $85.19, together with a fine of $25.00, for a total fine of $11 0.19. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, 18. Case # 2007030755 - BCC vs. Crvstal M. Holler The County was represented by Collier eounty eode Enforcement Supervisor Gary Dantini and Code Enforcement Investigator John Santafemia. The Respondent was not present. Violation(s): Ord. 04-58, Sec. 7(2) Rental registration Violation address: 795 94th Ave. N., Naples, FL 34108 Supervisor Dantini stated the violation had not been abated and tines continue to accrue. The County requested imposition of Operational Costs of $255.26, together with fines in the amount of$3, 150.00 for the period from September 15,2007 through January 18,2008 (126 days @$25/day), for a total fine of$3,405.26. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 19. Case # 2007040275 - BCC vs. Henrv Testto & Jill Weaver The County was represented by Collier County eode Enforcement Supervisor Gary Dantini and eode Enforcement Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 6, Subsec(s). 1-5,8-11,120, 12H, 121, 12K, 12L, 120, 12P,19B Minimum housing Violation address: 3137 Lunar Street., Naples, FL 34112 Supervisor Dantini stated the violation had not been abated. The Investigator stated there were two separate Hearings on this property: June 15,2007 and July 6, 2007. 17 "-, ~ -r ~l ')1 i J,..~ ~ "I Anuary lli) 2008 ....-. Hearinl! #1 - June 15,2007: The County requested imposition of Operational Costs of $224.44, a civil fine in the amount of$250.00, together with fines in the amount of$47,500 for the period from July 13,2007 through January ]8,2008 (190 days@$250/day), for a total fine of $47,994.44 Hearinl! #2 - Julv 6, 2007 The County requested imposition of Operational eosts of$245.21, a civil fine in the amount of $5,000.00, together with fines in the amount of $96,500 for the period from July 10,2007 through January 18,2008 (193 days @ $500/day), for a total fine of $101,745.21. Total Amount Due: $149,719.65 The Investigator stated the County will abate the violations by demolition of the mobile Home and the abatement fees will be assessed 10 the Respondents. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines ami ruled thutfines will continue to accrue until abatement of the violations by the County. 20. Case # 2007070463 - Bee vs. Jill J. Weaver The County was represented by eollier County Code Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violation(s): Ord. 05-44, Sec. ] I Weed overgrowth Violation address: 4620 Acadia Ln., Naples, FL 34112 The Special Magistrate again noted that "Para I" was incorrect, and amended the Agenda to remove this reference. Supervisor Dantini stated the violation had been abated by the County. The County requested imposition of Operational Costs of$223.00, abatement costs of $250.00, a civil fine in the amount of$500.00, together with fines in the amount of $2,050.00 for the period from September 15,2007 through October 24,2007 (4] days @ $50/day), for a total fine of$3,023.00. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 23. Case # 2007060378 - BCC vs. Exante Fils-Aime & Noltine Alexandre The County was represented by Collier County eode Enforcement Supervisor Gary Dantini and Code Enforcement Investigator Carmelo Gomez. The Respondents were not present. Violation(s): Ord. 04-58, Sec. 7(2) 18 161 8.: 1 January 18,2008 Rental registration Violation address: 2821 47'h Terr SW., Naples, FL 34116 Supervisor Dantini stated the violation had not been abated. '3 The eounty requested imposition of Operational eosts of$m.62, together with fines in the amount of$3, 150.00 for the period from September 15, 2007 through January 18,2008 (126 days @$25/day), for a total fine of$3,383.62. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. 24. ease # 2007060377 - BCC vs. Exante Fils-Aime & NoItine Alexandre The eounty was represented by Collier eounty eode Enforcement Supervisor Gary Dantini and Code Enforcement Investigator earmelo Gomez. The Respondents were not present. Violation(s): Ord. 04-41 as amended, Sec(s). 2.0 I.OO(A) & 4.05.03(A) Abandoned/lnoperable/Untagged vehicle Violation address: 2821 47'h Terr SW., Naples, FL 34116 Supervisor Dantini stated the violation had been abated. The County requested imposition of Operational Costs of $241.00, together with fines in the amount of $1,900.00 for the period from August II, 2007 through September 17, 2007 (38 days@$50/day), for a total fine of$2,141.00. The Special Magistrate GRANTED the County's Motion for the Imposition of Fines. VII. OLD BUSINESS - None VIII. CONSENT AGENDA - None IX. REPORTS: The Special Magistrate stated a Public Forum would be held on January 31, 2008 at 9:00AM in the BCC Chambers. The purpose of the Forum is to give the public an opportunity to learn more about how cases come before the Special Magistrate and the Hearing process. There will be mock hearings and the public is invited to participate. X. NEXT MEETING DATE - February 1, 2008 19 -----..-~----_._-"_..., " ]!~ 8anuaryt. 20~8 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1 :55 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING -~JL ((1)~~ ......-; -- .special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 7. ~. J-9v~ 20 16$}' -Bt;;.~ p . ' -", ~\\ J.["~ ..LI '\_1\ ~y tt. Fiala ..' Halas L/ ,'!::;.tl, Hennlng~- Coyle ~ - Coletta ---- LET IT BE NOWN, that the Clam Bay Committee of the Pelican Bay Services Division Board met in ~-:':O;.~i-; " CLAM BAY COMMITTEE MINUTES - December 19, 2007 Naples, Florida "CO', Regular Session on this date, December 19, 2007 at 10:00 A.M. at The Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. John Domenie, Chairman Ms. Annette Alvarez (Absent) Mr. James Burke Dr. Ted Raia (Absent) Mrs. Mary Anne Womble ALSO PRESENT: One (1) member of the Pelican Bay Services Division Board; Mr. Gary McAlpin, Collier County Coastal Zone Management; Ms. Heidi Ashton-Cicko, Collier C09unty Attorney's Office; Mr. Tim Hall, Turrell, Hall Associates, Inc.; Mr. Jim Hoppensteadt, President, Pelican Bay Foundation; Ms. Janice Lamed, District Offices, LLC.; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the November 21,2007 Meeting 3. Audience Participation 4. Review of Clam Bay Annual Report 5. PBS&J Report a. Analyze "Conclusions" - Pages 37/38 b. Consider "Recommendations" - Pages 38/39 5. Update on "Renewal Application or "Extension" of Management Plan 6. Status of additional Osprey Nest 7. Audience Comments 8. Adjourn ROLL CALL CHAIRMAN DOMENIE: We shall get started with the roll call. Mary Anne. MS. WOMBLE: Here CHAIRMAN DOMENIE: Jim. Misc. Corres I (p I B 2- MR. BURKE: Here. Date: CHAIRMAN DOMENIE: John Domenie. Here. Item#: 565 Copies to' v C;::lam Bay Committee Meeting December 19, 2007 16/ 8 ("'"1,. " !:..,., Ted Raia I understand is out of town. And we haven't heard anything from Annette, have we? MS. SMITH: She did call and her employer is in town today and she will not be available. CHAIRMAN DOMENIE: Pardon me? MS. SMITH: Her employer, Mr. Forbes, is in town. APPROVAL OF MINUTES OF THE NOVEMBER 21. 2007 MEETING CHAIRMAN DOMENIE: The first item is the approval of the minutes of November 21st, and I have some comments to make. Barbara Smith always does such a great job on our minutes so that ifs difficult for someone else to step in and take over temporarily. I would, however, like to commend Elizabeth Brooks of the Gregory Court Reporting Service for her minutes. It must be difficult to hear new names, abbreviations and listen to the off-the-cuff comments. I do have some corrections. In first place, Mr. Petty, is it required to mention what staff members were also present? The minutes merely reflect the four members of the committee that were here. MR. PETIY: Mr Chairman, it's not required, but it is good housekeeping though. CHAIRMAN DOMENIE: Okay. So let it reflect that Mr. John Petty and Mrs. Barbara Smith and _. MR. PETIY: Also, Mr. Kyle Lukasz was also present. Then on page 544, the middle of the page there is talk about fertilizer. And that I think should be 8-0-15 instead of what is written. And a little bit further down is that 8T12 correct, 8T, capital T? MR. PETIY: No. It should be 8-2-12. CHAIRMAN DOMENIE: 8-2-12. Thank you. Then on page 547, that should read Turrell, T-u-r-r-e-I-l, not Terrell. Then I believe on pages 549, 550 and 551 where we have Mr. Bradinson, I think all those references are to Tom Cravens, C-r-a-v-e-n-s. Somebody may want to check up on that. MR. BURKE: I had a question also to Alberto Chavez. CHAIRMAN DOMENIE: Yes, what page? MR. BURKE: I'm sorry. The same page 550. He's Rookery Bay; is that right? CHAIRMAN DOMENIE: That's correct. Alberto Chavez is Rookery Bay. 566 Clam Bay Committee Meeting December 19, 2007 161 8 ,~ c. On page 551 Bob Naegele, N-a-e-g-e-I-e. And on page 555 I think that's a natural misunderstanding when we're talking about the sandbar. In this case we were talking about the Sandbar Restaurant with a capital S, Sandbar. On page 560 there are two references to Mr. Coleman. Mr. Coleman is present, but I believe that those should be Mr. Bauer, B-a-u-e-r. MR. CONNELL: If I could correct that. It's Mr. Connell, not Mr. Coleman. CHAIRMAN DOMENIE: Oh, is it? MR. CONNELL: Coleman is my first name. CHAIRMAN DOMEN1E: I'm sorry. It says Coleman in the minutes. That's why I -- okay. But you didn't say anything I don't think. MR. CONNELL: I don't recall. I don't believe I used my name. MS. WOMBLE: This is about -- Coleman, irs about apple snails. I don't think this was you. MR. BURKE: He's an old apple snail guy. MS. WOMBLE: But you're -- infamously it can go either way, Coleman or Connell. CHAIRMAN DOMENIE: You're correct. It shouldn't be incorrect, Mr. Connell, but correct is Mr. Bauer. Thank you. And at the bottom of page 561 when I'm talking, I'm talking about the Inn at Pelican Bay not just Pelican Bay. And the other area is the Breakwater not the Greatwater. And 562 although "pest" with a "P" management is desirable, I believe we were talking about "best" with a "B", best management practices. And page 562 no doubt my poor enunciation caused a problem. It's capital PBS&J. But I think under the circumstances I feel these are very, very good minutes and I thank you very much for your work. And does anybody else have any other corrections? MR. BURKE: John, in the depth of your input on the minutes, does it have anything to do with the big print? CHAIRMAN DOMENIE: I can read it. MR. BURKE: I found the same thing. Very good, yeah. CHAIRMAN DOMENIE: You have anything? Anybody else? 567 1:1am Bay Committee Meeting December 19, 2007 161 ~ .8, ~~\ .d' t-. MS. WOMBLE: No. CHAIRMAN DOMENIE: Do we have a motion? Mr. Burke moved, seconded by Mrs. Womble and unanimously approved the Minutes of the November 21, 2007 Meeting subject to the above referenced changes. -~~--~-~-- AUDIENCE PARTICIPATION CHAIRMAN DOMENIE: Now we go to audience participation. Do we have anybody from the audience? Please step up to the mic and identify yourself. MR. FINLAY: Yeah. Doug Finlay. And I live in the City of Naples. And I believe at the last Clam Bay meeting a question was asked as to what fertilizer the city was using, specifically mainly directed towards phosphates. And I do have that answer for you. I thought you might be interested in knowing. CHAIRMAN DOMENIE: Yes, please. MR. FINLAY: I know Joe Pistaglia (phonetic) who's in charge of these things in the city, so I sent him an e-mail and he wrote back and I'll just kind of quote from -- from his e-mail. (As read): Doug, last year and the previous years we used the following blends of fertilizers: Sod, 15-1-15 _ so that's 1 percent phosphorus -- ornamentals, 8-4-10; trees and palms, 8-4-10. This year we will be using the fOllowing fertilizer blends: Sod, 15-0-15 - so going to no phosphates on the sod - omamentals, 8-2-12, dropping from four; and trees and palms stay at 8-4-10. And then because we do have athletic fields, they use 0-0-50 and 0-0-20. For the dry season they utilize 18-0-18. So anyway that helped them figure and answer. Also the city is currently working on a fertilizer ordinance as we speak. We discussed it with council yesterday and it passed our committee, the CSAB last week. The Conservancy had some input, but they wanted a little bit more defined ordinance. So I believe we may be talking to Mike Bauer on that anyway. The City's looking at essentially a mandatory no phosphorus, slow release nitro ordinance that will be extended from not this -- what I just told you about is what the City puts on its own property but on the private property. CHAIRMAN DOMENIE: Very good. That sounds great. Mike, you have anything that you would like to add to that? 568 ~Iam Bay Committee Meeting December 19, 2007 16/ B ~ C MR. BAUER: Mike Bauer, Natural Resources Manager, City of Naples. I think Doug covered it all. We're looking at no phosphorus where phosphorus was not needed because our systems don't require phosphorus. Slow release nitrogen to get the mechanism releases. And organic fertilizer, we're recommending that process. And, of course, we're doing that, putting it into an ordinance and we're putting our landscape certification program into an ordinance that was established by resolution. Now we're putting it into an ordinance with penalties that are involved with fines if people do not comply. So we're putting some teeth into it. CHAIRMAN DOMENIE: Has that passed? MR. BAUER: No. CHAIRMAN DOMENIE: - being -- that's January? MR. BAUER: January 9th will be the first reading before city council, with the second reading at the next city council meeting to give the public time to come and talk about it. CHAIRMAN DOMENIE: To what extent under the present conditions has there been use, shall we say, people complied with the people, the landscapers? MR. BAUER: We've had a fantastic response. We had over 400 people go through the education program. And we now have over 70 companies that are certified by the city. And they have a little sticker on their trucks so we'll know they're certified. And so it's been a great success even without any teeth. CHAIRMAN DOMENIE: Well, congratulations. I think that's great, something for us to discuss. MR. BAUER: Great. CHAIRMAN DOMENIE: Incidentally on a separate note, I would like to say that the Mangrove Action Group is having its annual meeting on Saturday, January 26th, here at the community center at two o'clock. The Mangrove Action Group is of great assistance to us, encouraging best management practices and has invited Cathleen Fester, Urban Horticultural Agent and Master Gardener Advisor as their guest speaker. Please show your support by coming to this meeting and encouraging your friends and neighbors to come also. And this afternoon at two o'clock there is a meeting of the President's Council. I understand that Mr. Mike Bauer is going to be one of the speakers? MR. BAUER: I hadn't heard that. I've got to be at city council at 1 :30 so that's going to be tough. CHAIRMAN DOMENIE: I was told that you were going to be one of the speakers today as was Cathleen 569 1:1am Bay Committee Meeting December 19, 2007 161 B '" '/ , ~_4 Fester and a third person MR. BAUER: Okay. CHAIRMAN DOMENIE: That was according to Tom Cravens when I saw him yesterday. MR. BURKE: Who is Cathleen Fester? CHAIRMAN DOMENIE: She is an urban horticulture agent MR. BAUER: She does the Florida Yards & Neighborhoods Program. MR. BURKE: They had a President's Council meeting last Thursday. THE COURT REPORTER: I'm sony. I can't hear you. MR. BURKE: I'm sorry. There was a President's Meeting last Thursday at two o'clock. So maybe Tom Cravens has got his times confused. CHAIRMAN DOMEN1E: Okay. MR. BAUER: He was talking to me about January 9th and something going on. MR. BURKE: Yeah MR. BAUER: I mean, according to that, but I don't know about this aftemoon. CHAIRMAN DOMENIE: Well, perhaps he misspoke yesterday. Thanks. Thank you very much, Mike. Anybody else have anything? (No response.) REVIEW OF CLAM BAY ANNUAL REPORT CHAIRMAN DOMENIE: Let's go on then to the next item, review of Clam Bay annual report. MR. HALL: Hi. Tim Hall with Turrell, Hall & Associates. I just wanted to provide you an update on the status of the Annual Report. I'll have it ready for the January meeting. I brought some of the water quality graphs. I know that's been kind of the main issue with Dr Tomasko's report and the discussions of the last few meetings. I thought I could provide you a preview of the nitrogen phosphorus levels and what we saw this year CHAIRMAN DOMENIE: Okay. In the first place, Tim, thank you very much for this. Will the report itself be this size or is it going to be the small one again where you can't tell one color from the other? 570 Clam Bay Committee Meeting December 19, 2007 161 B j~ MR. HALL: No, I'm going to put a full page graph in the report. Okay. If you use the CD and bring it up on the computer screen it will be actually even clearer. CHAIRMAN DOMENIE: Okay. M R. HALL: What I included here was the nitrate and ortha-phosphorus levels that we had been monitoring. And the average monthly as it has every year, bounces all over the place especially with the phosphorus. The nitrate levels are pretty low in all of the Class II waters, all of the bay waters. You'll see where the big swings are in our Class III, the St. Lucia and the Pelican Bay 13 which is up towards the north end of the system where the highest levels of nitrates were recorded. But if you go to the last two sheets the average annual and especially for the phosphorus level, you'll see this year was kind of a downswing. Almost all of the stations had lower average phosphorus levels than they had last year. I know of particular interest to Mr. Domenie was that Upper Clam Bay Creek is in pretty significant decline this year. I don't know if thars a result of less going into the system or more a result of the fact that we are in a drought year and have had less rainfall to actually move material into it. Again, it's just something that we're going to have to keep an eye on. So we'll have to look to see what happens in the next couple of years whether those numbers jump back up again or not. CHAIRMAN DOMENIE: Now, where exactly is St. Lucia? It is not behind St. Lucia, is it, Kyle? MR. LUKASZ: It's close to that area, yes. St. Lucia is the one just north of the Commons. CHAIRMAN DOMENIE: Right. Irs north of the Commons. MR. LUKASZ: Yes. CHAIRMAN DOMENIE: Because there's very little water there. You're taking it east or west of the berm? MR. LUKASZ: West by that cut and by the weir structure. CHAIRMAN DOMENIE: Where the culvert is? MR. LUKASZ: Right, where the culvert is. CHAIRMAN DOMENIE: Well, doesn't that get influenced a lot by the culvert, because there's a canal there. MR. LUKASZ: Right, because you've got the weir structure coming across. CHAIRMAN DOMENIE: Right. Shouldn't you actually be taking that east? MR. LUKASZ: That's where I've been. 571 """ 16 "' B.=" .;.('.;)1 J: . ,.~~ ,>' I;.... Clam Bay Committee Meeting December 19, 2007 MR. HALL: They normally pull it in the water that's coming out. CHAIRMAN DOMENIE: Oh, okay, as long as they take it there Can you imagine why that area has such a high phosphate reading? MR. HALL: Well, I believe that's one of the main outfalls of System 3. And that's the biggest aerial water management system we have. So that's the one with of the outfalls going in. MR. PETTY: Let me ask you to define for the Board the nitrogen cycles so they understand the difference and the evolution of nitrogen and water between ammonia and nitrates. MR. HALL: Correct. MR. PETTY: So when you see these spikes in one particular nitrate level, you're looking at really a stage of the nitrogen. If you could walk them through that, Tim, I'd appreciate it. MR. HALL: Okay. Basically the nitrogen, as John said, is split into or contained in the system in three different compounds: nitrates, nitrites, ammonia. And, I mean, I'm not a water quality scientist so most of what I get I'm trying to remember is from my biology class. MR. PETTY: Sorry. MR. HALL: No, that's okay. MR. PETTY: I didn't mean to stick you with that. MR. HALL: That's fine. I can definitely with a little more research probably answer that question better. MR. PETTY: I only know it from the utility business MR. HALL: Okay. CHAIRMAN DOMENIE: So what are we saying? MR. PETTY: You're trying to measure nitrogen. And nitrogen changes according to the biological activity. And we're trying to wait for it to get to its most stable form. When you see these spikes, you're not really seeing so much as new pollution, as you're looking at a possible change of retention. This water may be at the very end of the system. And the reason we measure it on one side of the berm and not the other is that's the very last bit of treatment that can happen. Impact is on the other side of the berm. CHAIRMAN DOMEN1E: Right. MR. PETTY: So by then we want any nitrogen to be as stable as possible by the biology available in the lake 572 Clam Bay Committee Meeting December 19, 2007 16' I 8 ,.." ~ and our uptake by any plant material and the like. So if you see the nitrogen in a young phase of treatment, well, now you're looking for a hydraulic problem because you haven't retained it in your system. And that gives us an indication that possibly the nitrogen that is causing this spike came from nearby if there isn't a hydraulic problem. So they're all just indicators when you're looking at the nitrogen cycle. I think as he said at the end, is the phosphorus levels are on decline this year overall in our system. MR. HALL: Yes. MR. PETTY: Although we see a spike in the May-June time frame at that St. Lucia location. I think overall for the year, though, we are down; right? MR. HALL: Yes. Overall for the year we're down in both of those. And the reason we measure - we actually measure in our water quality we have all of the nitrogen components. We have readings for nitrates, nitrites and ammonia as well as fertile nitrogen. We also have the ortha-phosphates and total phosphorus. The reason we're recording those is they've been most closely linked with the algal blooms and algal spikes. That's why we include these in the report, as well as the chlorophyll levels that we started to see. If we see spikes in one or two of these, then we look to see if we see corresponding spikes in the chlorophyll or the algae levels within the system and then kind of link those together. CHAIRMAN DOMENIE: So we will have the full report by the next meeting? MR. HALL: Actually the full report will be to you right after the first of the year. I'm trying to give everybody between one and a half and two weeks to review it before the full board meeting. CHAIRMAN DOMENIE: Very good. Thank you very much. MR. BURKE: So the spike on the graph doesn't necessarily mean there's a pollution problem at that location? MR. HALL: Correct, yes. If it wasn't just a spike but if it was a rise and then a sustained high level across time that would be much more of an indicator that there's a problem. The fact that it's going up and down means that those natural processes are working or that the actual delivery to that point is intermittent. It's not a constant supply. The other thing that I wanted to mention was the sea grass, which was one of the other issues. We found this year that we actually have more aerial coverage of sea grass than we had last year though the density from 573 Clam Bay Committee Meeting December 19, 2007 ,.,. B 1 ~? 1'H~ where we had sea grass was a little bit lower. So last year we had smaller areas that were denser, whereas, this year we have larger areas that are a little more spread out. CHAIRMAN DOMENIE: Now, how did you do it, linear or random? MR. HALL: If I could comment on that. One of the questions that we had been asked was how many acres of sea grasses are in Clam Bay. That was never what the monitoring program that was set up for them was designed to answer. The permit which allowed the dredging when the original resource surveys were done prior to that located sea grass beds that were either in the pathway of or very close to the dredging footprint. So when the permit was issued, they asked us to set up transects, or the permit required transects to be set up to monitor those specific grass beds to see how they reacted to the dredging. It wasn't a system-wide survey. It was just to monitor specific areas that were identified at the time of the permit. So that's what our transect system was designed to do. When Dr. Tomasko did his sea grass thing, his methodology was to use a random point generator and look at different points within the system which also doesn't give you an acreage cover. It establishes a baseline and a means to look at changes or patterns that may develop over time. If you keep doing that same type of system, then it will give you general coverage of sea grass but not any specific increase survey. In order to actually determine your acreage, you have to do a very systematic transect survey. I think the best way is where you essentially swim every square inch of the bay and say here's where the grasses are. We actually did that this year to try to answer that question. We did find additional sea grass beds that we had not mapped before. We found a lot of Caleurpa which is an algae, macrophitic algae that looks similar to a couple of different sea grasses but it's an algae, not a true grass. The other thing that we found this year that we had not found in the past was a very substantial clam population. It looks like clams are starting to come back into the bay. There were several beds of them that we found throughout there. MR. BURKE: Mr. Chairman, I'm looking for the first permit for harvesting if thafs possible. MR. HALL: The other thing that you'll probably see when our report comes out is that Dr. Tomasko did his sea grass survey and the work that they did in May early in the year. They found Halophila, which is a little kind of two-leaved sea grass. When we did our survey it was in late July. We did not find any Halophila. We found all 574 Clam Bay Committee Meeting December 19, 2007 161 B 2. Halodule which actually looks like grass. We also found three different locations of Thallassia which is the manatee grass, the big thick-leaved grass. In one spot it was only five or six sprigs. In another one it was about a dozen. And in the third location it was four sprigs of it, but that is more than we have found in past years. So we're pretty happy that it looks like the extent of the sea grass areas have expanded this year. Again, that could be a result of the rainfall and less water coming into the bay which allows more to spread out and get established. CHAIRMAN DOMENIE: You mean less fresh water and more sea water? MR HALL: Less fresh water, less fresh water inputs. I believe that was actually something that happened county wide. With my conversations with the Conservancy and with Rookery Bay, I think a lot of the sea grass surveys that were conducted this year have found more grasses than they had in the past. CHAIRMAN DOMENIE: Thank you very much. MR HALL: Okay. CHAIRMAN DOMENIE: Any questions? MR HALL: I guess I should mention the mangroves. They're still doing really well. MR BURKE: Are there any die-off areas right now, new ones? MR HALL: Nothing new. There's a couple of lightning-strike areas. And the last die-off area which was the one around the county boardwalk and a little more in the southern end of the system which was part of the old channel or canals that were closed off with Hurricane Charley. This is the third year now. Most of that stuff I think has died or what is going to die has died. We're starting to see some regrowth and some sprouts coming back. There will probably be a couple more years before we see any major difference in that area. MR PETTY: If I could, Mr. Chairman, ask a question. I'm going to try and summarize actually. What we've seen over the last eight years in bringing the mangroves back leads us to believe that attention by the residents or by this group in keeping the mangroves healthy is something that would be necessary each and every year into the future MR HALL: Yes. My opinion for sure is that the maintenance of the system and the work we've done is going to be a critical component of making sure that the system is able to recover and sustain itself. That is definitely one thing that we saw when we had the hurricanes and the storm surges associated with them. While they weren't extreme, there was a surge there. And the mangrove areas all drained and recovered very, very quickly which 575 Clam Bay Committee Meeting December 19, 2007 161 -r'B' I~ "} C prevented any more additional die-offs to occur. MR. PETTY: We've had to go back in and we do maintain these handcut channels should they get blocked. And if the pass gets blocked, that's part of our permit is to keep clear of that. I guess to summarize and make sure we all understand, it's a very delicate balance in our bay system. And that the difference of a couple of inches of water elevation means the difference between a healthy system and a stressed system. MR. HALL: Absolutely, yes. The water level is critical to maintaining IT. That is part of the monitoring every year. We're not just looking at whether the mangroves are healthy, but we also look at all of those flushing cuts and to make sure that they're not blocked and are still flowing and working like they are designed. CHAIRMAN DOMENIE: Well, to me the most amazing thing is when you walk along the berm and those seven canals that you dug leading into the berm to bring more salinity they brought so many seeds. And that whole area is just teeming with new 3-foot high mangroves and behind them are mangroves of 5 feet, 7 feet and 9 feet from the different years that I guess seeds came in. It's really fantastic. I can't believe how much those have grown. MR. HALL: I think that and the fact that the cattail growth has been curtailed quite a bit. Both of those are direct byproducts of that additional salt water. MR. BURKE: That's fine. Thanks. MS. WOMBLE: I saw that firsthand yesterday thanks to Mr. lukasz. So, absolutely ifs so much better than it was even five years ago. Doing great. CHAIRMAN DOMEN1E: Mr. lukasz, will you be deepening some of those canals that lead to the berm? don't know. It looks like one or two of them may have filled up a little bit. MR. lUKASZ: Well, we go through and check them. CHAIRMAN DOMENIE: When do you do most of that work, in the dry season or the wet season? MR. LUKASZ: Usually March, April. CHAIRMAN DOMENIE: The dry season. Okay. Thank you. Thank you very much, Tim. We look forward to the full report. PBS&J REPORT ANAL VZE "CONCLUSIONS' PAGES 37/38 MR. DOMEN1E: The next item on the agenda is the PBS&J report and analyzing the conclusions on pages 37 and 38. I will give my comments on that and then ask everybody else to join in also. 576 Glam Bay Committee Meeting December 19, 2007 ~ ~ T""8/1l11 ~ J!. r_~" 0 t!.. In reading the conclusions of the PBS&J report, please bear in mind that the first three referred to what the author refers to as the total Clam Bay watershed. All other references should read Outer Clam Bay only. The fact that it is a high salinity environment indicates there is great flushing. Then the author goes on to state (as read): Analysis of long-term data sets, 1981 through 1998, suggest that salinities decreased over that time period. Well, that of course is obvious since that was also the time that Clam Pass closed at various times and before the major dredging that took place in 1998. And I find it very strange that in all the author's work the time period 1998 to 2006 was omitted. If you recall the major dredging took place at that time and greatly increased salinity in the estuary. And then finally on page 38 (as read): A significant quantity of nitrogen, phosphorus and suspended solids appear to be coming from areas south of Seagate Drive. As these sub-basins have highly urbanized landscapes with little evidence of stormwater best management practices, actions that would increase the influence of these areas on water quality in Outer Clam Bay should be appropriately considered. Within the more immediate watershed of Outer Clam Bay, the stormwater treatment best management practices in place of the Pelican Bay sub-basin appear to result in significant reductions in loads of nitrogen, phosphorus and suspended solids. And then on page 37 the overall conclusion (as read): Combined these results lead to the conclusion that Outer Clam Bay does not appear to be a seriously distressed system. I just feel that should be part of our record. I know ifs in the report, but I feel that that should be part of our records. I don't know if anybody else wants to add anything to the conclusions. MR. BURKE: The conclusions of the report? CHAIRMAN DOMENIE: Conclusions of the report, not the recommendations yet. MR. BURKE: Did you read conclusion and action plan? CHAIRMAN DOMEN1E: Yes MR. BURKE: Okay. CHAIRMAN DOMENIE: The first part first part is the conclusion and then it goes into the action. MR. BURKE: Okay. CHAIRMAN DOMENIE: I have not touched on the action yet. MR. BURKE: Okay. Then perhaps I just make some comments. I mean, there is no doubt that, Mr. Domenie, you and I have done seven years on this committee and there's no doubt we could have been defined as 577 16/ ;) .",', /:} {. c:... Clam Bay Committee Meeting December 19, 2007 mangrove fanatics. I mean, that was the thrust of everything. I will say in past years, Mr. Domenie, you used to bring up water testing quite a bit, but there's no doubt that a great job has been done with the mangroves. They're healthy. The system is sound. To me what the Tomasko report has done is point out the need to keep a closer eye on the water quality. I mean, if I read through all of it, it's a lot about water. I think I'm about right there, aren't I? CHAIRMAN DOMENIE: I would agree that it is all about water. I mean, he doesn't touch on the mangroves at all. Because I guess it was about sea grasses and how they're affected by the water quality. I guess that's what the aim of the study was. MR. BURKE: So I guess what my thoughts are, this Tomasko report and our management plan perhaps, is the impetus we need to maybe not turn this into water fanatics, but to start working at water about as thoroughly as we did the mangroves. That is my thinking on it. And I'm hoping that we use the conclusions and the recommendations in a constructive manner when we incorporate them into the plan which I'm sure we will. So that's about what I have. CHAIRMAN DaM EN IE: Mary Anne. MS. WOMBLE: Well, from attending the meeting where Mr. Tomasko gave his presentation and from listening to he and Mr. Gary McAlpin, who happens to be here, it becomes rather clear to me that absolutely water is the big issue. And at this point the water south of us is far more important. (Phone ringing.) MS. WOMBLE: I'm sorry. I have a new phone and I don't know how to turn it off. And I'd also think it's Mr. Bob Bittner. But from those comments that I'm re-reading here that I took from that, it occurs to me that we're all really concerned about the water issue in all of Clam Bay. And south of us seems to really be needing help. And I think that the, pardon the expression, grass-roots effort at this point is really important from everything I'm learning which is enormous from what I used to know from just a couple of years ago. I think that Mr. Tomasko's report was right on. I think Mr. McAlpin's got the idea and he's going forward for the southem end of Clam Bay. It's really important to get that up on target. I think that maybe it was a good thing that you were mangrove fanatics. MR. BURKE: Yes. Yes. MS. WOMBLE: Because it may have turned out for everyone's best interest, city, county and all the 578 ~Iam Bay Committee Meeting December 19, 2007 16'~r ~ 8~'" './ e:,. residents and all of the tourists that come in and enjoy our area and our environment. I have to say' really am thrilled that Pelican Bay, Westinghouse, and WC' have considered and been very environmentally concerned enough to keep the mangroves which did not happen all the way south. I'm sorry, it didn't -- there goes that phone again. But I appreciate all the efforts that are going on and I'm really thrilled to see it all happening. So thank all of you who are in this room from whatever area you're involved in. I know you're involved and you're really trying your best in whatever area you can. And I do thank all of you because this is an important issue and it's becoming more and more important as fertilizer is fi~ering into our systems from everywhere north of us, west of us, east of us. I'm figuring we'll get Europe sooner or later from the way things are going. So thank you. MR. BURKE: Mr. Chairman, one other comment comes to mind and Mrs. Womble caused me to think about it. When all of our emphasis was on the mangroves, we could be self-contained. I mean, it was us. It was our mangroves. We could get our arms around it. But in reading all this material and talking to people about the water, I think that's a broader issue in getting at it. And I don't think we can just be Pelican Bay because we obviously share the system with the City of Naples. We share it with other communities. So I think as we move into the future with our stewardship of the water, we're going to have to look at it in a bigger picture manner. For me this report has helped with that and also some of the other people that were brought into it with us. I'm looking forward to it. CONSIDER "RECOMMENDATIONS" - PAGES 38/39 CHAIRMAN DOMENIE: Do you or, Mrs. Womble want to comment on the recommendations that are made in there? I have various, but I would like to hear from you two before I say something. MR. BURKE: Can' mention something about water? Have we already increased or added to our water testing points? Did I hear the number 16, that there are 16 additional sites? MR. PETTY: Mr. Chairman, if I could. What has come before the committee before and what they have opined on, we haven't yet passed it on the budget yet, is that we would reinstate the upstream water quality tests that we used to take in the old days. We used to take them at the head of the water at the first lake next to Tamiami Trail and then you take them midway in the system and then right at the berm. And of course you would take it in the bay system as well to find out what background is to see what your impacts were. It was felt that way if a problem existed 579 Clam Bay Committee Meeting December 19, 2007 1 i'!l:J" B .. . ~ by having at the head works and in the middle you would be able to isolate the cause quicker. After about ten years of doing that, we found that there was no concem of levels here and it was deleted for cost savings. Since the issue of water quality has come up, we find ourselves in the position where we are looking to adopt a little bit of a defensive posture and in an abundance of caution, lers go back to doing it. Even though we don't have an indication of a problem, let's go back to doing it because there is such a high level of concern of contaminants being dropped in a specific one-time event that this could give us good evidence. So the cost isn't that great. And we should be able to bear it. So staff recommended doing it and I believe this body voted to do it as well. CHAIRMAN DOMENIE: And all of those locations are east of the berm ? MR. PETTY: Yes. CHAIRMAN DOMENIE: - I think Tim was talking about it being west of the berm. MR. BURKE: Yes. Have we increased testing points in Outer Clam Bay? MR. PETTY: No, sir. We have indications from the county from Mr. McAlpin's office that that recommendation from the PBS&J report is something that they want to look at. They don't have a specific plan to date, but we've told them we'd be glad to work with them to the best of our ability once he does have that plan. The county and Mr. McAlpin have expressed an interest in possibly expanding the criteria. We look at it from, is there any contamination from our water management system. And I think Mr. McAlpin is looking at it as a health indication of the bay system itself. MR. BURKE: Entire system. MR. PETTY: Yes, sir. More than your stormwater system may be working perfectly fine. We're now going to use the Pelican Bay experiment, add to it, and start developing our own criteria for what a healthy bay system should and shouldn't be. Which as you may recall we talked about possibly doing the same thing with NOAA, who has a ten-year program to do the exact same parameter which is what is the determination of a healthy coastal zone. Well, Mr. McAlpin is the Coastal Zone Manager and I think he's looking to develop that. And I'm kind of proud that he picked Pelican Bay to start. MR. BURKE: Uh-huh. CHAIRMAN DOMENIE: Anything else? MS. WOMBLE: I understood that also and I'm thrilled. Thank you, Mr. McAlpin. 580 Clam Bay Committee Meeting December 19, 2007 16~' "'B'~''''.'''''' .. '":, '). . ; t" CHAIRMAN DOMENIE: I have some questions. It says development of a county sponsored random station location. Do you know what he means with that? MR. PETTY: These are all works in progress. We had a meeting yesterday where we talked a little bit about how it would start and the primary concerns and talked with Mr. Leo Ochs about how it would be implemented. Ifs still very much a work in progress. We don't want to push Mr. McAlpin into having to do this overnight. This is something that you want to do with due diligence and care. He has some broad objectives and an aggressive program. I think his time frame is that over the next year or so is where we would go over these one at a time. MR. McALPIN: Potentially we're looking at developing a plan, implementation. CHAIRMAN DOMENIE: Gary, would you come up to the mic, please. Thank you. MR. McALPIN: For the record, Gary McAlpin, Coastal Zone Management. Yes. We're looking over approximately a one-year period of time coming up, looking at the recommendations maybe adding some, taking some off, and working with the Pelican Bay Services Division to define what we want to do and then an implementation plan. We're really in the really early stages of that right now and we want to make sure that we want to get it right. Thafs why we're spending some time and making sure that the proper support and nourishment for this plan is there. CHAIRMAN DOMENIE: Thank you. MR. McALPIN: Once we have a framework that we as a community can agree on and then I think we would talk to the appropriate organizations. CHAIRMAN DOMENIE: Okay. Thank you. I have a question. Mr. Hall, are the reports that you prepare, as well as the other two reports, available on the Intemet or not? MR. PETTY: Mr. Hall's reports are on the Internet year by year. CHAIRMAN DOMENIE: Oh, all three reports? MR. PETTY: Every annual report that has ever done is up there. MR. HALL: Yes, the entire thing goes on the Pelican Bay Services Division's website. CHAIRMAN DOMENIE: Okay. Thank you. Excuse my ignorance, what's QC? MR. PETTY: Quality - quality control. CHAIRMAN DOMENIE: Oh, quality. What's QA? 581 Clam Bay Committee Meeting December 19, 2007 , .... If " .1,:; r B ,'''' r' MR. PETTY: Questions and answers. CHAIRMAN DOMENIE: Oh, it is MR. PETTY: Or quality analysis I would assume if it was anything other than that. CHAIRMAN DOMENIE: Oh, okay. Quality analysis and quality control. MR. PETTY: I think that has to do with when you're taking your samples, that's always been done by staff. And as the test gets more complicated as you look at different items, there is a chain of custody style quality control criteria that you would adopt to make sure that the results were reliable. Some of the spikes that you may see in this result are based on just a bad sample graph or bad analysis. So you have to take that into consideration. As you go into more technical analysis, the lab will get more and more refined on how that must go and they're recommending that a quality control program be enhanced to cover that. CHAIRMAN DOMENIE: The next question it says, As well as required data uploads into STORET, S-T-O-R-E-T. What is that? MR. PETTY: Mr. Hall can define it. You defined it to me because I asked him the same question. MR. HALL: Yes. STORET is a state water quality database where a lot of different agencies will upload their information so it becomes public. Mike, I'm not sure. I think some of it is only available to governmental agencies or private access, but a majority of it is also available publicly. MR. BAUER: It's pretty much available publicly, but it's extremely user unfriendly. You really have to actually get trained in how to get into and out of it. It's bad. MR. PETTY: I think the understanding was that this is a commonly checked referenced work for the scientific community. And as we have seen over the years, various people have come into Pelican Bay and have done their evaluations, written their reports with various angles of accuracy compared to our long-term view and sometimes we end up repeating ourselves. So maybe if we adopt a central database, maybe we can start referencing everybody to it and start getting this body of work into a central standard if you will. I don't know if that's possible because in Mr. Hall's industry they tend to argue a lot. STORET is what everybody's adopting so far for that Internet library, I guess, for storing data. CHAIRMAN DOMENIE: On Item 3 of the recommendations I presume that's all aimed at Outer Clam Bay. Should we look at the other bays also? Mr. Hall, do you have any suggestions on that? 582 j"'''1r, ....,,~'-l!':::.. rr y Clam Bay Committee Meeting December 19, 2007 MR. HALL: Well, again, it depends on the type of survey, the type of work you would do, would be what you want your final product to be. If you want to know the sea grass coverage or the oyster coverage for the entire bay, you'd have to go out there and survey the entire system. If you want to know what the trends are over time, then you would do that random point generated survey that Dr. Tomasko had started in his report. And if you wanted to monitor just specific areas, then you do the transect survey that we do for the sea grass beds. It just depends on whether you're trying to monitor one specific habitat or general trends or actual numbers for the entire system. CHAIRMAN DOMENIE: Mr. Hall, as long as you're up there, how deep is Outer Clam Bay? What is the deepest that you have come across? MR. HALL: At high tide the deepest is probably six feet. At low tide it's about four feet. CHAIRMAN DOMENIE: Okay. That's the deepest, but average is, what, about two feet, three feet? MR. HALL: Average depends on the tide. CHAIRMAN DOMENIE: Right. MR. HALL: It's probably two and a half to three and a half feet. CHAIRMAN DOMENIE: Okay. Thank you. MR. PETTY: Barbara says she knows a fishing hole where it's 15 foot deep in between the two bays, but she's not telling us. MR. HALL: That's not in the bay though. CHAIRMAN DOMENIE: Then they say, Continued maintenance of monitoring of the stormwater best management practice system for Pelican Bay. We're doing that already. Then Item 6, Development of a public education program to increase awareness of those activities that can be done to minimize individual impacts on stormwater loading. We're doing that through both the Foundation and the Mangrove Action Group who are very much involved in that. Of course, we're also preparing the video and other information. I believe that Mr. Connell is thinking of some sort of an informational program for the Men's Coffee and perhaps for the Women's League. Am I right? MR. CONNELL: That's correct, yes. CHAIRMAN DOMENIE: So I think that is all part of this information. I do have a question. Potential use of ditch blocks within swale systems. I mean, that is for very heavy rainfalls, isn't it? We have the lakes already. 583 Clam Bay Committee Meeting December 19, 2007 - 1(' , c:' B . , c. MR PETTY: A lot of these suggestions cover the very broad area of the study. We are not considering those as a specific recommendation to Pelican Bay at all. We think he's addressing the bigger area where they have direct discharge to the ocean without a water management system. Those types of things would probably hamper our system. So we're not taking it as anything that we should consider at this time. CHAIRMAN DOMENIE: On Item 7, Careful consideration of all aspects of increasing flows into Clam Bay from urbanized area south of Seagate. Does he mean increasing or decreasing the flows or to analyze increased flows? MR PETTY: Again, this is basically outside of the Pelican Bayarea. It's in Venetian Bay and Moorings Bay. CHAIRMAN DOMENIE: Right, but how it affects Outer Clam Bay. I think what he's saying is we somehow monitor the waters entering Outer Clam Bay from the south. MR PETTY: Since the water quality is different from the Pelican Bay area to the Seagate area and south, he's bringing it up in the report that there is a drastic difference in analysis and you should keep that in mind. It is something that we do and that we have regularly monitored. Don't forget that, of course, we have a flushing action in there too. Historically, we haven't seen that either increase or decrease to any respective level. We don't go into Seagate to do analysis, per se, to show what's going on specifically inside. It's outside of our area. I think thafs what he's recommending that this is an area that the county or the city may have interest in monitoring in the future because there is such a difference in water quality between the two zones. CHAIRMAN DOMENIE: Finally, and this is a subject that I know has come up. I think this is a subject that has been discussed of the possibility of putting a draw bridge at Seagate so that people from Seagate could have direct access to the gulf without endangering any sea grasses or shallow bays. MR McALPIN: In my mind there's two things still that need to be done in terms of studies. And thafs some kind of a hydrologic study that talks about the interplay between Clam Pass and those pipes underneath Seagate. I don't think anybody has a really good handle on how that system is working now and maybe how it should work and that may be something thafs the city's responsibility if we had the money. And the other issue is what is the water quality in Moorings Bay, Venetian Bay and how is that affecting Outer Clam Bay because the Dr. Tomasko report was based on land uses and relating land use to water quality. We need some hard data what that water quality really is. 584 Clam Bay Committee Meeting December 19, 2007 1 tt'1 B ~ CHAIRMAN DOMENIE: Well, I think Mr. Finlay stated earlier, at least in private, that data is available on water qualities in Moorings and Venetian Bay. MR. McALPIN: I don't think that it is acceptable data to the state STORET system. I think we have to do this under strict quality analysis and quality control procedures that are really acceptable to the scientific community. CHAIRMAN DOMENIE: Thank you. CHAIRMAN DOMENIE: I think earlier I also - go ahead, Doug. Identify yourself again, please. MR. FINLAY: Doug Finlay. I wanted to add to that because I am on the board of Save the Bays, which is a group of people that live on Moorings Bay. It's essentially founded to keep the pass open. Thafs all been taken care of by TDC funding and other things. Now Save the Bay is a little more focused on water quality in Moorings Bay. They have recently put out some clams and oysters and they're actually, at least the initial reports, are doing quite well. This is just a test in conjunction with FGCU. That's right, Mike? FGCU and Save the Bays on the clams? MR. BAUER: It's primarily FGCU. MR. FINLAY: Intems or whatever. But Save the Bays and the Conservancy do quarterly water testing. But like Mr. Bauer says, it's not really what he wants to have. Mr. Bauer wants something that can comply with state standards. It could be much more extensive. He wants monthly reports, probably more parameters. Basically a much more extensive water quality testing program. I happen to agree with that. I want more water testing done. We're trying to look at our taxing district, which I happen to be on the board of, to see if that taxing district might be able to supplement the cost. Since all municipalities are going through budgetary restraint issues with Tallahassee, perhaps a contribution from Save the Bays. They're already paying for some water testing. We could get a bigger contribution from them. So the only thing I can tell you is there are a group of people in the city who do want to see more water testing done in Moorings Bay to meet the parameters that we're doing to Naples Bay currently. It's a question of where do we find the money to get that done. And then like Mr. Bauer also said, we do have an exchange of water undemeath the culverts, but it's probably not a very heavy volume of an exchange. We just don't know. And it certainly would be nice to know what type of influence happens there. There are no stormwater outfalls in the City of Naples that enter into the Seagate area or into Clam Bay. We do have about 74 stormwater outfalls, some of which do dump into ponds into Moorings Bay. So anyway, that kind of helps explains things. 585 Clam Bay Committee Meeting December 19, 2007 161 n LJ "'\. .; C CHAIRMAN DOMENIE: Thank you very much. Earlier, John, I think we discussed about trying to have Humiston & Moore make a study of the water flow through those culverts. MR. BURKE: Those were the flap gate culverts? MR. PETTY: Yes. We have past studies where we have gone out there to try and measure the flow, so we've got that history. But recent reports by people on-site and others that have gone out there have indicated that there may be additional choking in that canal where they talk about increased siltation. We know that there is some movement in there. Whether or not it's going up or down, I think is what we're talking about monitoring. Because we don't know how it changes over time. That's something, of course, that we would be in discussions with Mr. McAlpin about on those one-by-one characteristics as we go through this issue. I think that one of our future tasks is that over the next year we determine how that study occurs and what does it get tied to and who does it. CHAIRMAN DOMENIE: Okay. Anything else on the report? MR. BURKE: One of the versions that I remember from early on with this was a recommendation concerning the development of a random station location water quality monitoring program for Clam Bay with three to five stations visited monthly. Is that something completely new to us or are we doing something similar now. MR. PETTY: We are not doing a random test, per se. And the reason for the random tests would probably best be explained by someone out of the scientific community. Our tests are all based on the stormwater system and any deterious effects it may have on Clam Bay. So the random stationing may have more to do with moving life forms than it does with what we're looking at here with our water management facility. MR. BURKE: So it would be in addition to what we do? MR. PETTY: Yes. MR. BURKE: Okay. MR. PETTY: And that's part of that discussion we're going to be having. CHAIRMAN DOMENIE: We actually have two locations in Outer Clam Bay right now that we're monitoring. One right at Seagate and one near the Foundation Park. MR. PETTY: That we take samples from for that nutrient loading - CHAIRMAN DOMENIE: Yes. MR. PETTY: Yes, sir. 586 ,.:Y , '" 0 B'-e Clam Bay Committee Meeting December 19, 2007 MS. WOMBLE: Actually, I believe that Dr. Tomasko had made the comment that if you don't do random sampling, you can't really use the data. I don't know how accurate that is, but that was one of his comments. MR. PETTY: I think it's very similar to when an attorney gives you legal advice. If you agree with the advice, you take it. If you don't, you get another attorney. MS. WOMBLE: Or doctor. CHAIRMAN DOMENIE: Anything else on the PBS&J report? (No response.) UPDARE ON "RENEWAL APPLICATION" OR "EXTENSION" OF MANAGEMENT PLAN CHAIRMAN DOMENIE: Now, the next item is an update on the renewal application or extension of the management plan. John, I don't know if you would like to get into that, please. MR. PETTY: That was part of our discussions yesterday with Mr. McAlpin and the rest of the county staff. We do have the permit being reviewed by the County Manager's Office and whoever he designates it to. Coastal Zone Management has been asked to take a look at it. Gary has already spoken about what is in genesis right now. We have talked about, well, do we just submit it to the agency and then any add-ons can happen six months, a year down the road because it should be a two-year process we understand. I think Mr. McAlpin prefers and I pretty much agree that you don't want to be sending a permit up there and then direct it differently with a change later on. There should be a common thought or objective in the permit itself. And the concern is if we add things to it at a later date, we're sending mixed signals. With that in mind, we're going to be discussing probably asking for an extension since the permit has been held up for a couple of months. We're supposed to have a two-year process and I think we're into that two-year time frame. So it is probable that during the first part of the year, January/February, staffs going to be coming back and asking for an extension. We've already had some preliminary talks with Turrell, Hall & Associates on that issue. Give the county a little a little bit more time if you would and then at the next meeting or two we'll come back with that recommendation on whether it should be an extension or whether we just go for the permit submittal, but we're asking for it in a month or two. CHAIRMAN DOMENIE: But our present permit expires July 2008. Thafs six months from now. MR. PETTY: Yes 587 Clam Bay Committee Meeting December 19, 2007 16 , 1"" ,J ~J ,;;" C. CHAIRMAN DOMENIE: How long can we operate without an extension in place I guess if it takes time to get an extension? MR. PETTY: I think the extension, while it's being reviewed would be granted anyway. We're not looking to default on the issue. And if there's any pressure in that regard, we will immediately bring it to your attention for consideration. But for right now it is probable that we'll come back to you in either January or February and we will ask for your permission to go for an extension. Whatever that time frame is will depend on Tim's discussions with the agencies and the need that we feel we're going to have to give the County the chance to come up with the right program. CHAIRMAN DOMENIE: Thank you. Mrs. Womble, do you have any questions? MR. WOMBLE: No. MR. BURKE: I'm all right. STATUS OF ADDITIONAL OSPREY NEST CHAIRMAN DOMENIE: The next subject then the status of an additional osprey nest. I was told that we couldn't do anything during the turtle season. So that's over. By the way, I walked past the existing nest. I think that there are new birds there, small birds because I heard loud peeping. MR. HALL: Yes, I believe so. MR. BURKE: Is this our fourth nesting? CHAIRMAN DOMENIE: Oh, yes. Fourth year. They seem to build the nests up a little more each year. MR. HALL: Mr. Lukasz and I actually met with a contractor on Monday. MR. HALL: Showed the site and we're going to provide him with him the specifications. He's going to get a price back to Mr. Lukasz. The contractor would then be in charge of the Vehicle on The Beach Permit and the building permit and the other issues required from the county. We have all of the other authorization that are required. It is now just now a matter of local approvals and getting it put in place before turtle season starts again. CHAIRMAN DOMEN1E: Okay. Thank you. MR. BURKE: Mr. Domenie, I know you walk the beach a lot. But that osprey nest is a little bit of a tourist attraction especially those that are here for the first time. They're stopping and looking. And, of course, they're thinking it's an eagle. 588 .clam Bay .committee Meeting December 19, 2007 , L ,~ i B ~.. 10 C CHAIRMAN DOMENIE: Do you want to put up a sign that says this is an osprey? MR. BURKE: If you put another nest up, the ospreys are territorial; correct? CHAIRMAN DOMENIE: That was my question. MR. PETTY: Let me jump in. They're not that bad. If you go down the old access to Marco Island, which is through Goodland, the southern access, you'll see up on the poles several of them so many feet apart. And they have five or so up there. I always thought why would you put these things next to a road where everybody tries to pull off and look up at the nest and their car gets taken out by the semis in the roadway. This is much nicer. You're on the beach. There's no trailer to come and wipe you out and you can spend all the time you want. MR. HALL: You can also see them along the 1-4 corridor going through the center of the state. You see them on almost every power pole along the road. CHAIRMAN DOMENIE: Also in Key West. MR. PETTY: They don't flock together, but if you keep the nests so many feet apart, you're okay. MR. BURKE: They built their own nest on the power poles? MR. HALL: Yes. CHAIRMAN DOMENIE: Thank you. CHAIRMAN DOMENIE: I just have two comments. You know these people that go to the beach, South Beach sandbar, how Clam Pass Park Beach has increased dramatically in size and the tip of it is nearly even with our Sandbar Beach. It really has grown dramatically. I don't know how or where that sand has come from, but it has grown. MR. PETTY: If we could find out who's responsible and tell them to keep it up, that would be nice. MR. BURKE: But we're not losing sand, are we? CHAIRMAN DOMENIE: I think we have lost a little but, you know, it comes and goes. Some days you go down there and with high tide it's all the way high. At the moment some new sand seems to be forming in the shallow water. So I don't know where that is coming from either. I'm going to make a radical suggestion or question if I may. If you walk on the south boardwalk and you come to that open space and you're looking at acres of non-beach quality sand. Then I'm thinking we have two areas in Pelican Bay where our dunes could be broached or broken through in case of a major hurricane hilling us, one just south of Clam Pass Park and one more or less parallel with Inner Clam 589 Clam Bay Committee Meeting December 19, 2007 161 B ~~ c. Bay. And I just looked at that and I said I know in the past in 1998 we pumped that type of sand along the beach. wondered if this is something that should be considered to strengthen the dunes with non-beach quality sand. And, secondly, if you dig a lot of that sand out of there, then would you get more flushing through the pass also? And, I mean, irs radical and requires approvals from 20 different people and I don't know who would pay for it, but it's just a question that I have. MR. PETlY: Mr. Chairman, it's a very valid question. It is one that I think all of us have said when we've looked at that point: Does that need to be cleaned out or is that the way iI's supposed to be? And all kinds of issues come up such as navigation which we've never said we're pro or con about. We're all about the health of the bay system. I have had prepared preliminary talks with Mr. McAlpin who brought this subject up in regard to the sand needs of the Clam Pass Park and dredging. And I talked about how far back can we go. Can you - how far back can you go to get beach quality sand? I said because some of that appears to be a choke point further back. And Gary was very good about saying, listen, if it needs to come out of there for the health of the bay system, don't worry about it. We'll find the right spot for it. And I think he is looking at things like the basin doing restoration in other such suitable areas where you would put that deposited material. We haven't looked at that area because it didn't really impact the large mangrove areas that we had the big concern over. As we talk with the County and look at this expanded consciousness and as Pelican Bay kind of warms up to the idea of going beyond mangroves to other flora and fauna of the bay system, I think we do start looking at things of that nature. So I know that the County has already considered such items and I'm excited that you've seen it too. And I'm sure we'll be talking about such things over the next year. MR. BURKE: Mr. Domenie, what was the second dune area that you mentioned? I knew the first one. CHAIRMAN DOMENIE: I'm showing it right near Inner Clam Bay. And the other one is south of the Clam Pass Park. That Inner Clam Bay area, during one of the no-name storms water or sand drifted in about 150 feet with water and that's when we rEHlnforced it. We got permission to bring in sand to rEHlnforce the dunes, but this would be using that non-beach quality sand or soil. MR. PETlY: Which is appropriate for this location. CHAIRMAN DOMENIE: Okay. Anybody else have any questions? 590 Clam Bay Committee Meeting December 19,2007 l~ r B ~. .'<i' c!- MR. BURKE: I'll second it. CHAIRMAN DOMENIE: All in favor? (Unanimous response.) CHAIRMAN DOMENIE: No discussion. Thank you very much everybody, .J.J..J.J.J. J.J There being no further business, the meeting was adjoumed by order of the Chainnan at 11:15 a.m. JOHN DOMENIE, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CAROLYN J, FORD, RPR, FPR, NOTARY PUBLIC. - FORMATTED BY BARBARA SMITH, PELICAN BAY SERVICES DIVISION 591 'If ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 Print on pink pap}A~ ~~i~oc~~t~?~r~m~~~~~~?e~e~~ t~!!:~~~c;~~o~~?'~~~n~and original K 5 documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception of the Chairman's sianature; draw a line throng!: routin~ lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Listinroutingorde.r) 1. tZo~ ~...( c../~o ;l.-;z..,,-o~ fZ-c..- 2. 3. 4. 5. Sue Filson, Executive Manager Board of County eommissioners 6. Minutes and Records Clerk of eourt' s Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional OJ' missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the BeC has acted to approve the item.) Name ofPrirnary Staff t<c6-vt"7 { , Phone Number >' <1 eo ""2- Contact , Agenda Date Item was 2 - -Z ~ -0 'if Agenda Item Number (, 1<5" Approved by the BCC Type of Document A-ffi'o;cw,'}- -t C.......,,~.p- Number of Original ~ fJ'<; tef,i" Attached Documents Attached " 01('0 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a fO date. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Pilson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on ' (enter date) and all changes made during the meeting have been incorporated in the attached document. The Conn Attorne 's Office has reviewed the cban es, if a Ucable. ,,'^ .f-o cAo Yes (Initial) N/ A (Not A licable) 2. 3. 4. 5. 6. r2"'Z-- r2-~ 12'l..- ,Q-z..... (2"Z. oz;.... 1: Forms! County Forms! Bee Forms! Original Documents Routing Slip wws Original 9.03.04, Revised 1.26.05, Revised 2.24.05 .. . _.....,,~......- '----_..~..._--_..,._.,~._--.,;--_._--~._,..-~ 16K5 MEMORANDUM Date: February 27,2008 To: Robert Zachary, Assistant County Attorney Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Affidavit and Consent Enclosed please find one original of the document referenced above, Agenda Item #16K5, adopted by the Board of County Commissioners on Tuesday, February 26, 2008. The Minutes andd Records Department has kept an original as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure J6 COMMONWEALTH OF MASSACHUSETTS ) ) ) SS: COUNTY OF MIDDLESEX AFFIDAVIT AND ATTORNEY CERTIFICATION I, Paul C. Bauer, on this 5th day of February, 2008, after first being duly sworn, on oath state as follows: 1. I am over the age of 21 years, and if called to testify to the contents of this Affidavit, I am able and competent to do so. 2. I am currently licensed to practice law in the Commonwealth of Massachusetts, in good standing, and I represent Light Tower Wireless LLC. 3. My client, Light Tower Wireless LLC is the assignee of a lease originally executed by Acme Towers, Inc. and Collier County, Florida. 4. I hereby certify that to the best of my knowledge the following chain of assigrunents from Acme Towers, Inc. down to Light Tower Wireless LLC is true and correct: Land Lease Agreement dated as of April 13, 1999 between Collier County and Acme Towers, Inc., as evidenced by that certain Memorandum of Lease recorded in the Public Records of Collier County, Florida on October 26, 1999, in Official Records Book 2605, Page 0106, with Acme Towers, Inc. assigning all of its assets, including the above-described lease, to Acme Tower Group, LLC pursuant to that certain Bill of Sale, Assigrunent and Assumption Agreement dated as of December 27, 2000, and with Acme Tower Group, LLC assigning all of its assets, including the above-described lease, to ClearS hot Communications, LLC pursuant to that certain Bill of Sale, Assigrunent and Assumption Agreement dated as of June 28, 2001. The membership interests in ClearShot Communications, LLC were assigned to National Grid Wireless Holdings, Inc. pursuant to that certain Assigrunent of Limited Liability Company Interests, Other Agreements and Acceptance of Assigrunent and Agreement to be Bound dated October 2, 2006. elearShot Communications, LLC was merged with and into National Grid Communications, Inc. pursuant to Articles of Merger filed with the Secretary of State of the Commonwealth of Massachusetts on November 2, 2006. National Grid Communications, Inc. was converted into Light Tower Wireless, LLC, a Delaware limited liability company, evidenced by the filing of a Certificate of Conversion from a Page I of3 {Client File5\REA\306080\OOO 1 \F0451809.DOC; 1} corporation to a limited liability company filed with the Secretary of State of the State of Delaware on August 14,2007. 16K5 5. I am submitting this Affidavit and Attorney Certification to induce Collier County, Florida, through its Board of County eommissioners, to execute certain consent agreements to facilitate loan transactions that Light Tower Wireless, LLC has heretofore made. FURmER YOUR AFfIANT SAYlW'NAUGHT:@c [], PAUL C. BAUER I, the undersigned Notary Public in and for the Commonwealth of Massachus tts, hereby certify that one PAUL C. BAUER, who is 'f.. personally known to me, or has produced the following identification , appeared before me this ~ day of j::e:On Y\ ~ ' 2008 and, after first been duly sworn on oath, acknowledged that he freely and vol arily affixed his signature to the above and foregoing Affidavit and Certification of Attorney. tf//fl /: tf6 ARY PUBLIC MMONWEALTH OF MASSACHUSETTS Printed Name Commission Expires: * MEGHAN E O'NEIL NOTARY PUBLIC ~IIWEN.TH OF MASSACHUSETTS Y Commission Expires May 16, 2014 Page 2 of3 {Client Files\REA\306080\OOO 1 \F0451809.DOC;I} t, " ACCEPTANCE OF AFFIDAVIT AND eERTIFICA TION OF A HORNEY this 2.C:. day of ~ b ,2008. BOARD OF COUNTY COMMISSIONERS COLITY, F ORIDA . By TOM HENNING, eHAIRMAN ATTEST: DWIs:w;t;;~;~ROCK q~~R:0F.(f~TS " fl', '. furGll'" ~'~1k 4) 1.jJl1aturtQ<<1 ~ Appro~~d ~s to form and Legal sufficiency; ~ RobertN. Za y, Esq. Assistant County Attorney Page 3 of3 {Client FiJes\REA \306080\0001 \F045 1809 .DOC; I) M____ Bowditch &Dewey 16K5 !\1c~hiHI E. Q'Nl'i1 Din;c1Idl.'phonc: (50S) 416.2466 Direct fal.:simik: (SOl(l929-300] l:mall: ll\oncil((~'!b(nvditch.(;oll1 December 10.1007 VIA FACSIMILE NO. (239) 774-0225 David C. Weigel, Esquire County Altomey Collier County 3301 E. Tamiami Trail, S", Fl()(jr Naples, FL 34112 Re: PCS Site Agreement (the "Lease") by and between Collier County ("Landlord") and Acme Towers, 111(;. predecessor in interest of Light TO\vcr ,^!ireless LLC ("Tenant") for Certain Property ill Collier County. florida ("'Premises") Dear Altomey Weigel: ! am writing to you in your capacity as the owner of the Premises. We represent the Tenant with respect to the Lease. Paragraph 6 of the Lease provides that Tenant will not mortgage the Lease without the written consent of the Owner, which consent shall not be unreasonably withheld 01' unreasonably delayed. The Tenant has entered into the following 1l1011gages: Leasehold MOl1gage from Light Towel' Wireless LLC to General Electric Capital Corporation dated August 15. 2007 and recorded in the Public Records in Collier County, FL on October I J, 1007 in Book 4191. Page 2677 and Leasehold Mortgage from Light Towel' Wireless LLC to General Electric Capital Corporation dated August 15,2007 and recorded in the Public Records of Collier County, FL on October II, 2007 in Book 4191, Page 1700 ("'Mortgages"). Pursuant to Section 6, at your earliest convenience, please acknowledge your consent by (I) executing thi.":J' letter below, and (2) returning tlte origina/tu me at the above address. If you have any questions, please contact me as soon as possible at (50S) 416-2466, or via email ut moneiI1{)bowditch.com. Thank you for yoor prompt attention to this matter. Sincercly, r ~. -l,'.oI"'{'; I,; ::'iJ~~f~;:n E. O'Neil f)ar~legal ;;/~ 0.. .-.-/<................... ~~?". ;,:;;,::,,' ,",;;.." ',.,,", ",'! ;i{.}.'j t': '.' j' J "I1~"r" , CR u Name: Tom Henning, CHAIRMAN Dalc:_.?.....2.<f,- CLK_ :Ctil'l1l Fik:j,ln,\Jfl()o~(r,(I(jOI',.'i1'\:f),\',] l'rn.I{'';'..j'O..J..t 117K[J()( ; 1) l? A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) *********.***********************************************************************************.******* Originating Deptl Div: Comm.Dev .Serv ./Planning Person: Willie Brown, Alep ~ Date: 1 \).1..\ \ c"&: Petition No. (If none, give brief description): CU~2007~AR-12384. Enterprise Rental Car Petitioner: (Name & Address):Enterprise Leasing Company, D/B/A Enterprise Rent A Car, Jon Ellsworth, 4350 Fowler St., # 24, Ft Myers, FL 33901 Name & Address of any person(s) to be notified by Clerk!s Office: (If more space is needed, attach separate sheet) LH & D Properties LLC, 13560 Tamiami Trail N., Naples, FL 34110 Hearing before BCC BZA Other Requested Hearing date: Februarv 26. 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CUw2007-AR-12384. Enterprise Leasing Company d/b/a Enterprise Rentwa-Car, applicant and owner, is requesting a Conditional Use pursuant to LDC Section 2.04.03 for a rental car agency within the C-4 zoning district. The subject property is located 13560 Tamiami Trail North, Suite 8, Section 15, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 131-138326-649100 No It Yes. what account should be charged for advertising costs: Reviewed by: Approved by: ~ \.-f'h .~ /<p-/of Department Head Date ' County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute tupies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *************************************************************************.****.**.******..*******.*** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing:~ Date Advertised: z../ Ie !ntO 17A RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONJNG APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABUSHMENT OF A CONDITIONAL USE TO AlLOW AN AUTOMOBILE RENTAL AGENCY IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT AT 13560 TAMlAMI TRAIL NORTH (SR 45), IN SECTION 15, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 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, coor~inate and enforce zoning and such blLSiness regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004AI, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered the advisability of a Conditional Use for a automobile rental agency in the General COlmnercial (C-4) Zoning District, pursuant to Land Development Code Section 2.04,03, Table 2, on the property described in Exhibit "B", and has found as a matter of fact (Exhibit nAn) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 1O,OS.OQ,D of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Petition CU-2007-AR-12384, filed by Enterprise Leasing Company d/b/a Enterprise Rent-A-Car, with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code in the General Commercial (C-4) Zoning District, for an automobile rental agency in accordance with the Conceptual Site Page 1 of2 17A Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resoiution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this _ day of ,2008. ATTEST: D~GHTE.BROCK,CLERK BOARD OF ZONING APPEALS COllIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, Chairman Ap and ow ounty Attorney Exhibits (attached): A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Page 2 of2 17A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorizes the conditional use. 2. Granting the oonditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same distlict or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ygress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or /~ffect mitigated by <text> l-.io.-J!, l (v\A.Q) <:cV'-yU , _Affect cannot be mitigated L OC- LCV\.Sv.~~-....... D. Compatibility with adjacent propelties and other property in the district: Compatible use within district Yes v---No lr' /,"'. ~)CJ-I ~ (i'J-.- fJ v..t<7L Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATEd ,. n -Dr CHAIRMAN: EXHffilT A , ,. :,,111.J! I h 17 A ,. i!\' FINDING OF FACT BY' COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development eode authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ^' Consistency with the Land Development eode and Growth Management Plan: Yes I 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 V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - No affect or / Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: eompatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / //7 /!JJY ! / MEMBER:drl/lL, ';t-t'~ ~u EXHIBIT A 17 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: I. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. eonsistency with the Land Development Code and Growth Management Plan: Yesl No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesi No e. Affects neighboring properties in relation to noise, glare, economic or odor effects: A No affect or . _ Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other ptoperty in the district: eompatible use within district Yes.L No_ If Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval <text>. DATE: iSBIv \'1 Zoo'i? MEMBER: .; \!,(7t,n .$(\j\~~ EXHIBIT A 17 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-123S4 The following facts are found: I. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development eode and Growth Management Plan: Yes t/ 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 ill 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 <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: 1- 11- (J f MEMBER: 7;?~ EXHIBIT A 17 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: I. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood . because of; A. eonsistency with the Lan1evelopment eode 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 -Y- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: j - No affect or _ Affect mitigated by <text> jti~{tiJ'l'. _ Affect cannot be mitigated D. eompatibility with adjacent properties and other property in the district: Compatible use within disJt Yes No Based on the above findings, this conditional use should, wit stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: EXHIBIT A 17A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development eode authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land7e <610pment eode 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: c. Adequate ingress & egres/: . Yes_ No Affects nej.ghboring properties in relation to noise, glare, economic or odor effectV L No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. eompatibility with adjacent properties and other property in the district: Compatible use within diS%' Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMBER: ~ DATE: / ~ /1 ..-- 0 Y EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17A CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /NO_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: C. Adequate ingress & egress /" YesL No_ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No_ Based on the above frodings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I~/?- oj' ~A&/;?r t/IC-.{ (cn-r" EXHIBIT A 17 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood . because of: A. eonsistency with the Land Development eode 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 flIe or catastrophe: Adequate ingress & egress Yes v/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~fect mitigated by <text> _ Affect cannot be mitigated D. eompatibility with adjacent properties and other property in the district: eompatible use within di7 Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: J } J'1 / 0 ~ f MEMBER:~~ EXHIBIT A LEGAL DESCRIPTION 17 A ENTERPRISE RENTAL CAR CU-2007-AR-12384 All T.hat par-t of Sec.tion 15, 'row:lship 48 South, Range 2:' East. Collie~ county, Florida, bainq more particul~rly de$cribed as follows: commencinq at the West 1/4 corner of ~aid Section 15: thence along the South line ot the Nor~hwest 1/4 ot said Section IS. Sout.h 89. 33' 40" East 14.59 feet to t.he E:asterly riq,ht- of~way lin@ of U.S. 41 (Tamiami Trail); thence along aaid right-ot-way line and the West~rly line of that land as d~~crLbed in Official Records Book 1110, Page 1794. of the Public Rec.ords of Collier county, florida, tlart.h O. 37' 46' W~st :H~. '13 feet to ,the Point of Beqinning Q! t.he parcel herein described': thence continue along said 'line, North 0" 31' 466 West 1'33,24 teet; thence continue alonQ ~aid linel Northerly l04.a6 feet the arc of a circula.r curve concave to the \-l'est havinq radi:u5 of 3,919.12 feet 'artd being subtended by a chor:d bears North 1- 23' 4S~ West 104.86 teet; thence leaving said 1 in~1 South 89. 33' 40'" 'East 346.32 teet; thence SOlJth thence North Beg inning of along . which 0" 26' 2'0'" "lest 238.02 feetj e9# )3' 4.0. West 340.48 feet to th~ parcel herein describeQ. the Point of ExnffiIT "B" a;:;g w ~ I &-... ;Z'" W ~ I (J ~ . ... ,. [, .... I- [I UJ ~ ill - 011 a: ~ I.; z ...., ::lI 30 : (J) Q ". I , I , -' 17 A J~;;;'~'f~~ :"t; 11_ -'-" ....t~ ' ., . I I """"""""""''''m' 1$UJ!I~ 21illtitUUil ....=c..-co ~ ,\ JI\ '- > , d\ (-6\ a- I. l:r~ it.' ,r~ r~ L_._. ./ " ..._~-_._- ~-4' t9 ,l,....MH9lH 'Sn , , , " ! ~ IU " I - . ~ i llt1 M" r: ti . " Ii n Hi! ,,;t I 'I, .i ~ Iii I'" I,: h !~ i.H ~ r I t'il 'II' ! I, , i~1 . i( ~ uH J ! :: i,q !~ i, i 'I /, , U l.ll' iii; -fl, 'ml Ill( h Iy I Iii i (III l!1I! I It I l i ~ . ! II.! !! ! I h s r-'~ l,~ @--_. k: l~m~l H..r.i .~~ i ~l!d ~rl i 1-'- I [ . L ~ 1.(\ ,1~ 'l; ~ . a : i . l 3 I Oi . l, , II ~ ~ t~ ') .....; lL. ! ~ I ~" ...._--.J , I, Ii i ~R ~ , , ~ I I. , , , l. , , , . ! ! ~ , , 5 ~~' i~l . ~ r- ~ C:' ;> - gj..: Iii <C ::> u Q ....1 <( ..;-""t>- 00 Zgj N '" 0 N 0 - 00 ~g}gt- -<"'O~ I~OV1 r-ffiN~ o ..0 o o- N r 0" ~ z .& tJ UWO:::O i EXHlBIT "c" CONDITIONS OF APPROVAL Enterprise Rental Car CU CU-2007-AR-12384 Conditions: 1. Within 180 days of the date of approval of this conditional use, landscaping as depicted on the originally approved February. 1999 Landscaping Plan. prepared by Phoenix Planning & Engineering Inc., for the Phoenix Center, shall be installed to meet the minimum approved standards of this plan. and shall be inspected for compliance by Collier County. Should a permit be required to install said landscaping or to install or repair any irrigation, said permit shall be obtained prior to installation or repair. EXIDBIT "D" 17 A 17A , . January 29,2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2007-AR-12384, Enterprise Rental Car Dear Legals: Please advertise the above referenced notice on Sunday, February 10, 2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O.lAccount # 131-138326-649100 NOTICE OF PUBLIC HEARING 1., A - Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 26, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN AUTOMOBILE RENTAL AGENCY IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT AT 13560 TAMIAMI TRAIL NORTH (SR 45), IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition CU-2007-AR-12384, Enterprise Leasing Company d/b/a Enterprise Rent-a-Car, applicant and owner, is requesting a Conditional Use pursuant to LDC Section 2.04.03 for a rental car agency within the C-4 zoning district. The subject site is located 13560 Tamiami Trail North, Suite 8, Section 15, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. 17 A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts -eountyof Collier I._- CLERK OF THE CIR., CUJT COURT COLLIER COUNTY q;OURT,OUSE 3301 TAMIAMI 'f,R.^IL EAST P.O. BOt 413044, NAPLES, FLORIDA 'r~ to 1-30f4 ... . 17 A Clerk of Courts Accountant Auditor Custodian of County Funds January 29, 2008 Enterprise Leasing Company, DIBI A Enterprise Rent A Car J on Ellsworth 4350 Fowler St., # 24 Ft. Myers, FL 33901 Re: Petition CU-2007-AR-12384, Enterprise Rental Car Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK G2:U.JJCl PO[tL~ ~C Teresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Web site- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierc1erk(Q)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts '.eounty of Collier t. CLERK OF THE CIRCUJT COURT COLLIER COUNTY <tOURT~OUSE 3301 TAMIAM11(R,AIL EAST P.O. BOt 413044, NAPLES, FLORIDA 'r~ 1 0 1-30~4 *. 17 A Clerk of Courts Accountant Auditor Custodian of County Funds January 29,2008 LH & D Properties LLC 13560 Tamiami Trail N. Naples, FL 34110 Re: Petition CU-2007-AR-12384, Enterprise Rental Car Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~\L Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email- collierclerklalc1erk.collier.fl.us 17A Teresa L. Polaski To: Subject: legals@naplesnews.com GU-2007-AR-12384, Enterprise Rental Car Attachments: CU-2007 -AR-12384.doc; CU-2007-AR-12384.doc Legals, Please advertise the following on Sunday, February 10, 2008. Thank you ~ ~ CU-2007-AR-12384 CU-2007-AR-12384 .doc (28 KB) .doc (28 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po las ki@collierclerk.com) 1 Teresa L. Polaski 17A From: Sent: To: Subject: postmaster@collierclerk.com Wednesday, January 30,20089:25 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT475856.txt; CU-2007-AR-12384, Enterprise Rental Car 1':..:1 ~ r;-.;:l L:..J ATT475856.txt (231 B) CU-2007-AR-12384 , Enterprise R.. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 'IIAPLES DAILY NEWS Publislied Daih Naples, FL 141112 Affidavit of Publication State of Florida County of Collier Before the undersigned they sen'e as the authority. personally appeared Phil Lewis, who on oath says that they serve as the Editor of the Naples Daily, a daity newspaper published at Naples, in Collier County, Florida; distributed III Collier and Lee counties of Florida; that the attached copy of the :ldvcl1ising. being a PUBLIC NOTICE in the mattcr of PUBLIC NOTICE was published III said newspapcr 1 time in the issue on, February] 0'" 2008 Affianlll1l1her say's that the said Naples Daily :'\ews is a nev.'spaper published at ~aples, in said Collier County, Florida, and that the said n..~\I'srarer has h~rctor()re h.::cn continuously published in said Collier Ctlll11l\ l'lor-ida. dislrihuh:d in Collier and Lee counties of Florida, cad, day and has hc..::n cnlen::d as s~'cond dass mail mal1cr at the post olli,:c in ~apks. III said Collier County. Florida, for a period of I \car Il,cxl prc.:cding 111," firsl publicatil)Jl o[thc attached copy or a,h"cl1iscl11cnl: and afliant 1llrth"r says that he has Tl~ither paid nOf prollli~..:J all;' p':J~Oll. firm or l:orporatioll allY disl:\JUlll. r.:hat..:. cUl11mission 01" r.:llmd f~lf Ih.: pllrpOS~ oj" securing this ad\"l,::ttis~l1I~nt l~)f p" "on~n the ~'"P''I''' _ , ,', <-l/k- ( Slgnat ure of a flan!) Sworn to and subscribed before me This lOth.200S Day of Fcbruarv 20118 ,_L/j ~~ (Signatuiotnotary p#lic) // ~~ /!/A:r.~:f~~:l ?.~. .:.,g ~:r.. ,.,so:: "'~,iil.:r,,~" NANCY EVANS Commission DD 657030 Expires July 18, 2011 ~Th!1,jTmvF~lnlnllUraocealXl.385-7019 CU.;IOOZ,All-l1lll4 NOTICE Of PUBLIC ,1iEAJItNG', I Notice Is herebY' given I that the Board of COunty Commissioners of' Col- lIercountx wlll-liold II ~tHlC he~on Tues- th~ 1:~o,",~~~ Floor, Admlnlstra,tlon Building. Com,r County GovernmentC:enter. 3301 East Tamlaml TI'IJI. Naples. Flortda. The meetlngwllJ.;,bagln at 9:00 A.M~ 1'ht- title of the proposed, resolution I, . as follows: A- RESOLUTION OF THE BOARD OF ZONING AP. PEALS OF COLllEA ~p~nrFcf~"':: llSHMENT OF A CONDI- T10NALoUSE -m AUQ.W AN AUTOMOBILE RENT- Al AGENCV ll(lfo4l-~- ERAl COMMERCfAl (C- 4) ~ONINQ DlmlCT AT 13560 TAMIAMl 'TJtAIL NORTH (SR 45l,IN,SEC- TION 15. TOWNSIllP48 SOUTH, MANGE 2S EAST, COlliER COUNTY, FLORIDA. ' . PetltlonCU.2007-AR- : I~~mm/~:! lerp'rlse ,Ren t.a.earl' ap-, plltant l!Ild _..... B.UtI"" . 'COJIdIt onol s:~tfo~f~or,:f'rD: rentalcat' ~,wlthin -4 "lUll ,.1,. 1"I<!<Il!-1 ~~~ SUI.1t mJ~~~J= 151 'TOw~ 4tI South. C.~i mlnlstrator prior, to pre- sentation of tat agenda Item to be Ii ressed. Individual spq r$ will be 'limited 005" minutes on any -Ite:m. The selec- tion of an Individual ,to ~~~~~':or lr:'e~Og~ nlzed b~ the Chair, a spokes'Peu~n for a ~y~o~jn!~~ ut6s to speak OM'an Item. 17A persons_ wIshing to have written :or graphiC ,m:t=E' 'hl1i\~ aU )n4$l' 'frt,lt said material a , knUm of 3 flor :0' the re- [,"I.t lithe . 'I In " case, written ma. t.r~, , Intended to be ,;.co " d b the :'lfhal,', be su~mltt~ the, approprflte County " ,,:",1'0 Staff a rnttrIImum of sev- '" d~tlor ,to the f:..'lNined'l'rf''':l'.i:: tlons before the Board wlH become a perm.. nentpart of the record. Any persori Wh'o.'l:tecld! es to appeal a decision of the Board will need a record of the proceed- Ings ptrtalnlng,thereto and.ttUHe'or-e.,. m.y need to ensure 'that a verbatim record of the proceedings Is made. which record Includes the fe$tlmony and evl- deMe 'UfOft ',Which the appei.11S: baled; If y'ou are a person with a dlsabHlty who needs any accommodation In order to participate li't this oroceedlng; you are .elttltledj; at no cost to you, to the ptQvlilon of certain Bulst.nce.. Ple.se contliltt-the Col- lier County Facllltle$ Manageme.nt Depart" ment, ,lo~ated at 3301 Tartrl.,.,l .'frall East, BuUttlflO W, Naples, ~, Ida "',112, (239)1 ' . is sted Hst , d's. rthehear Imoa:! ' ~-V. avail ,e I~, .the, ','My Coml1'llS. $t9ners~, ~ ceo !SOARD OF COUNTY CGMMISSlONERS C::OU.IER COUNTY,; FlORlDA . TOM HENNING, CHAIR- ~GHT E:'ll]feC'~, CLERK , " ' " ~:cTee::- Pol~;"DeP. (SIAL) , .' Feb~ 10 No. 1685104 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throll h routin lines # I thrall h #4, com Jete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order l?A 1. t06 J.~.O,( 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normal1y the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing lhe Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Slaff Willie Brown Phone Number 213-2993 Contact Agenda Date Item was 2/26/08 Agenda Item Number 17A Approved bv the BCC Type of Do cum en 1 Resolution VB At \" Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documen1s to be signed by the Chairman, wilh 1he exception of most letters, must be reviewed and signed by the Office of the County Altorney. This includes signa1ure pages from ordinances, resolutions, etc. signed by the County Altorney's Office and signature pages from contracts, agreem~/lts, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritte'n strike-through and revisions have been initialed by the Coun1y Attorney's X Office and all other arties exce t the BCC Chairman and 1he Clerk 10 the Board 3. The Chairman's signa1ure line dale has been enlered as the dale ofBCC approval of the X document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip X should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee wi1hin a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 2/26/08 (enter date) and all X changes made during the meeting have been incorporated in the attached document. The Coun Attorue's Office has reviewed the chan es, if a Ucable. I: Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 4, 2008 To: Willie Brown, Principal Planner Zoning and Land Development From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-45 Enclosed please find one copy of the document as referenced above (Agenda Item #17 A), adopted by the Board of County Commissioners on Tuesday, February 26, 2008. If you should have any questions, please call 252-8411. Thank you. Enclosure 17 A l? A RESOLUTION NO. 08-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EST ABLISHMENT OF A CONDITIONAL USE TO ALLOW AN AUTOMOBILE RENTAL AGENCY IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT AT 13560 TAMIAMI TRAIL NORTH (SR 45), IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 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 there10 has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered the advisability of a Conditional Use for a automobile rental agency in the General Commercial (C-4) Zoning District, pursuant to Land Development Code Section 2.04.03, Table 2, on the property described in Exhibit "B", and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section I 0.08.00.D of the Land Development Code, as amended; and WHEREAS, all interested parties have been gIven opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Petition CU-2007-AR-12384, filed by Enterprise Leasing Company d/b/a Enterprise Rent-A-Car, with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code in the General Commercial (C-4) Zoning District, for an automobile rental agency in accordance with the Conceptual Site Page I of2 l?A Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this ~~-I4day of Jihr-u.a(y ,2008. ATTEST: DWIGl-Il\,E~~CK, CLERK ~~~~1~ AU.t;;,., "~.-,',"- 1 Deputy Clerk S 19f14ii;/:J~';dcl'I~'" ,.... { BOARD OF ZONING APPEALS COLLIER !u:y, ORillA. By: :.If;- TOM HENNING, Chairman A roved as to form an leg] fficiency: Jef y . Klatzkow Chi s istant County Attorney Exhibits (attached): A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Ilem# /1fl Agenda -z.lzlvlr'b Date ~, Page 2 of 2 17 A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: I, Section <text> of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress 8s- egress YesL No_ C, Affects neighboring properties in rela1ion to noise, glare, economic or odor effects: _ No affect or j// Affect mitigated by <text> lJo..J, l cYu,,)<:CI".yL-r , _Affect ca1illot be mitigated L oC-- (c;.'I.~L.c~ca"- D. Compatibility with adjacent propelties and other property in the district: Compatible use within district Yes v/No lr-'I 1'-'" ~),J-I'^') 1~'fJ'c"r- Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. , _ ill DATEd - I) -Or CHAIRMAN {/~L} ~2;, EXHIBIT A 17A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Sec1ion <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes I 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 II' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ; Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / /17 J(}f' I I MEMBER:))~r1/1.d--, '2-tl'i &hthU 17A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will no1 adversely affect the public interest and will not adversely affect other property or uses in the same distric1 or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes.x.. No_ B. Ingress and egress to property and proposed struc1ures 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 K No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -A- No affect or _ Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No j Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval <text>. DATE: (SBIv \l~OO'i? MEMBER: '6l?bn 5(~\\1-~"R- I \\ \ 1 ?A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: I. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adeqnate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: 1- 17- Cl f MEMBER: 72~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR l?A CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Lanievelopment 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..i.- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: J No affect or _ Affect mitigated by <text> J~~J&.,(llN'- _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di7t Yes No Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17A CU-2007-AR-I2384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land7e elopmen1 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: C. Adequate ingress & egres~ Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects;,-/ / No affect or Affect mitigated by <text> - - _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diS/: Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / ~ /1---- 0 r >1/--1, /J MEMBER' / iL----J /' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR l?A CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /NO B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesL~o_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mi1igated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district; Compatible use within district YesL No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: /-/7- c>.r- ~AC-Rr V I C--.{ I eFT-I-,' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17A CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: yes.JL. 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 yJ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~fect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di7 Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: 1 J J1 J ~ ~ . MEMBER: '-:::1 ~ ....... LEGAL DESCRIPTION ENTERPRISE RENTAL CAR CU-2007-AR-12384 All that part ot Section l~, Town~htp 48 South, ~ange 2~ East. Collier County. florida. being more particularly de5Cribed as follows: COlMl.encinlJ at thl!! West 1/4 corner of ~aicl Section l~: thence along th~ South line of the Northwest 1/4 of said Section 15. South 89' )3' 40~ East 14. $9 teet to tlul Easterly right- of-way line of U.S. 41 (Tamiami Trail); thence alonq ~aid .rlgh.t-of-way line and the Westerly line or that land a!l dea~ribed In Official Records Book 1110. Page 1194. ot the Public Record~ of Collier County, florida, Nott.n O. 31' 46" West 33~.13 teet to the Point of BeqinninQ ot ~~e parcel herein deserib~d: thence contin:;e along said 1 tne, North O' 31' 46~ West 113.24 hat; thence COr1tjnu& alonQ .said Hlte. Northerly 104.86 teet t~~ arc of a circular curve con~ve to the West havinq radi::u:I of 3.91'.12 feet "and being 3ubtended by ~ chord be.ars North 1- 23' 45. West 104.86 teet; thence leavinQ 5aid 1 ine, South 81J. JJ' 40" East J1l6.32 teet; thence Sout.h thence North Beq i.nn1n9 of a1009 . which O. 26. 20. West 238.02 teet; 89- 3)' 40. We"t 340.48 teet. to the parcel herein de5cribed. the Point of EXHIBIT "B" 17 A 17 A ,I,~ D~-------,:;I _......, -......-.--...::;- r-Tl_' , ! \ ' , 1 i,(-1~- ' '~II' il'- 'ill' ' .. . , -,-- .U1! " 1 J .;:=t:."'~l~.q [ ; .....--... [J]" .. ~ _._ ~~'_I 01_ , ..... ---~I.W.~WNn~- Q:.: , . i.l I~ ~ III o - IX III I- Z III (J .... ~ l::! i Im~ .J~ .il I~ I t" 1 I "\ .11 ~-{\ ':. \ '~\ ,,~ ;; ;;10.: tii -< ;::> u 0 ,..J -< ..,.f--.... ooZ", ~~g - .. a:~gr-- <."O~ ,~Oll") r--o...N__ O~ ..0 ~til~~ I f-.~ u ;>Zf::'" Ub.:Ic..C ; '. " -- --" , 1 ~ ~ l.rli,l~ 1 l' ! 'I' ! ,.", 1_1l1_ _ ~ PI' li ilii ~ ~r ~~~~ Ii ,hi ,'" II' "" , nil '. ! . if ilill li!' I Iii 11Hl I !i.lI!! J hi , ' f~. .. t ",' ,II \'" ~ H ~ (II. U f I II 11 n ~q 1& if ~ i;!i Iii! I alii I I. . I ' l ~'~11 ! i I . r~~ '~ ~_. I ;~~~.. . IT 'I i H ~. ~lR I Ii g i, h i " ;eJ ~~ I ~ ~ II . d ~ " , , ' ~ ~ 's i a \:.- . ! I Ii . , i, L ' , , I J2 t I , I:.. :' I ! t --LL..-- , I 11 . EXHIBIT "c" 'i) =, 'I CONDITIONS OF APPROVAL Enterprise Rental Car CU CU-2007-AR-12384 Conditions: 1. The existing landscape buffering to the rear (east) of the subject site, shall be brought up to current LDC standards for a Type B Buffer where deficient. 2. The days of operation shall be limited to Monday through Saturday. The daily hours of operation shall be limi1ed from 7:30a.m. to 6:00 p.m. The term "operation" includes the on-premises washing and in1erior vacuuming of the rental vehicles associated with this vehicle rental conditional use. 3. Any changes to 1he building's outside appearance, including but not limited to paint colors, trim colors, and signage, shall be architecturally unified for the entire building and site. All changes shall be consistent with the County's architectural guidelines and site design requirements. 4. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 5. The Conditional Use is limited to what is shown on the conceptual she plan, identified as "Sunrise Center Conditional Use Conceptual Site Plan," prepared by Phoenix Planning & Engineering, Inc., dated June 28, 1999. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance wi1h all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable developmen1 standards. 6. There shall be no amplified sound of any kind or nature emitted from the premises. This res1riction includes but is not limited to vehicle radios and portable radios. EXHIBIT D COLLIER COUNTY FLORIDA , REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 170 To: Clerk to the Board: Please place the following as a: ~ Normallegat Advertisemen1 (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Deptl Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: 1/31/2008 Petition No, (If none, give brief description): A VESMT-2006-AR-I0754 Peti1ioner: (Name & Address): La Playa Golf Club, LLC 116 Viking Way, Naples, Florida 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separa1e sheet) Jim Carr, Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Naples, Florida 34108 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 20 days before hearing) February 26, 2008 Newspaper(s) 10 be used: (Complete only if important): ~ Naples Daily News o 01her o Legally Required Proposed Text: (Include legal description & common location & Size: See Resolution Companion peti1ion(s), ifany & proposed hearing date: nla Does Peti1ion Fee include advertising cost? 0 Yes ~ No If Yes, wha1 accoun1 shoutd be charged for advertising costs: 131-138327-649100 .' County Engineer -=3 i JAV oP-- Date List Attachments: Executive Summary -Copy Resolution with exhibits - Copy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original 8. 01her hearings: Ini1iating Division head 10 approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE 9,Nk v,:',..,W Date Received: ~ Date of Public hearing: 2-/ 2lt.?~ Dale Advertised: dMOb + 7-/t+/Cb RESOLUTION NO. 08-_ 178 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-10754, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 25 FOOT WIDE DRAINAGE EASEMENT OVER THE SOUTH AND EAST 25 FEET OF THE NORTH % OF THE NORTHWEST Y. OF THE NORTHWEST Y. OF THE SOUTHWEST Y. OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, ORIGINALLY CREATED AND RECORDED IN OFFICIAL RECORD BOOK 2693 PAGES 3215 AND 3216, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND NOW FURTHER DESCRIBED IN THE ATTACHED EXHIBIT 'A', AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT, ALSO SHOWN ON THE ATTACHED EXHIBIT 'A', IN PLACE OF THE VACATED EASEMENT. WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes, Petitioner, La Playa Golf Club, LLC, has requested the vacation of a 25 foot wide drainage easement over the south and east 25 feet of the north % of the northwest y., of the northwest y., of the southwest y., of Section 24, Township 48 South, Range 25 East having been originally created and recorded in the Official Record Book 2693 pages 3215 and 3216 of the Public Records Collier County, Florida, and depicted in Exhibit 'A'; and WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication an alternate 20 foot wide drainage easement as a replacement easement, attached hereto and also depicted in Exhibit 'A', in place of the vacated easement; and WHEREAS, the Board has this day held a public hearing to consider the Petitioner's request, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the 25 foot drainage easement as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the County hereby accepts the dedication of the replacement drainage easement attached hereto and shown on Exhibit 'A'. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2008. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficie ''(3)>< lD~' (') "C m ....rren ....~->3: ~"-l-<-1 ",N-<)>l ....0 '" _0 G')O 001 00 .......0 ,...Q) ~ -n:i> o 3:;:0 00 .......~ o :::0 Z.... -101 m.... Z >;:0 Zm C1< moo '" o c m .... - to - o ClO Yj ~ ~ " .~ ~ i.i. \1!iI m " 0 ~ R ," :rtl c' m D ~ 0 Q "1 " ~ N . " ~ Ui' " '" ~ '" '" l'i!J d 0 It;; .: i~ ... . :~ ~ '" ~ io '" ...; ~ ~ i:!l i:!l o 0 Z Z '" ... I ... '" I '" ... 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'" '~~~....~ 0 (f).......rrl " o ~ g... .., I",rrl :::! - '" 0 ~o~. ~ l;'l '" "0 ~g':1:; ~ Z '" ~"~ Z "',,~" c::: tI:l 0 n 0 ~.g'sz 1>:1 t:: ::J'1:l ~ CXl:tO ~" 0'" (f)rrl," 00 c: Egg t::' :;d zo", "tl o I 0.... ;J > PI' n",~[::l ~ CZrrl "';0 t:l g'~' C') '"0 ",)> ftg~~ O~rn~ Z ~I:::o (/) "'- E- "'n <DZ ....":= 0 ,"0 .' . ;oIC "')> o;~[ g ~ gj ~ ~~ >-3 .01 )>:E'" rrl ~'6. . q ZrrlI " !; ~ n", " > G)~tv 0rrl o~" 0 )> ~":;' '" ~ ~1il t"" rrl (j) "'(f) r:tJ N,O "'rrl ..~~ - ~...~[tl ""l c::: ~;:: =~~ g (j)...0 "'rrl . co '" ~ '0 Co "'- n fTlo'l ~z l:~~ . ;:l"'''''1:l t"" < )>,,'" '" ~ .." 00~::J c::: trl (f) '" ........ lo i!l~ 0 :-l--l-f '" " z t:l:l ><: IO 0 . -'" > "'0 0"'''' ~:: 0 co . ~ ",I<:.., t"" '" ~;'i " "' "- '" t"" O(f)," ~ 0 " 0 ~~ rOI < ""~~"'Il '" Q. - n CCI"Tl 0 ~ '" ",," )> :J: H g ~ 0" 0 ""- ... '" ;oIZ )> m n.. 11 '" :Eo '" 'iH:iiE 0 " 0 0"';0 '" ~::j ClClIII:ICl '" '" '" '" O(f)," 0 "'........- 0 ~ '" C'"I r-> 1~!3; 0 '" '" z~ I I 1 I > '".......I ~==~ '" ~-< .Jlo. ~ .... dl......c.II "'0'" - "'''' -0 "- "- r."o '" ore.> ~ C '" ~ ." "'N 0 "' ":'l:::o "'- '<ii' :E .D' 0 -, " :J ~ - - :>> ""'" .. t:l ~ ..., 178 This Instrument prepared by: G. Helen Athan, Esq. Grant, Frtdkln. Pearson, Athan & Crown, P.A. 5551 R1dgewood Drive, Sulle 501 Naples, FL 34108 239-514-1000 A VESMT -2006-AR.1A107N~EN~~~~2 LAPLAYA GOLF M FACILITY Project: 2005040080 DUE: 1/9/08 Date: 12/21/07 Project: PARCEL: Folio No.: DRAINAGE EASEMENT , ~ ~ASEMENT, made and entered into this ~ day of , 2007, by LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company, whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" Include all' the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, exclusive drainage easement to enter upon and to Install and maintain drainage structures and facilities, including but not limited to underground pipes, and various types of water control structures under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of 178 constructing, operating, and maintaining drainage facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Notwithstanding anything herein to the contrary, Grantor, for itself and its successors and/or assigns, does hereby reserve the right to use said easement area for the following purposes: (a) drainage of storm water from land owned by Grantor, which land is adjacent to said easement area, and (b) a water management berm, back yard swales and landscaping. Grantor acknowledges that it shall install root barriers for any plants within 10 feet of any pipes in said easement area and that Grantor shall be liable for and replace any improvements which Grantor has placed in said easement area and which may be damaged by the Grantee in exercising its rights hereunder. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company THE HALSTATT PARTNERSHIP, a Florida General Partnership, as Managing Member By: Katherine G. Sproul and Jennifer S. Sullivan, as Trustees of the JULIET C. SPROUL TRUST under the Will of BARRON COLLIER, JR., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, In Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, PARTNER C1~ U~wv CAROLYNA. SHAW Print Name of Witness ~d -:t3,uL<T?'-.' 3' 1'\) KCl.:\"L 7'''0,(:''\'\0,-7 Zd-v Print Name of Witness O~()4ft~ CAROLYN A. SHAW Print Nal"e o~ess " ~C/ v...--'(b.-~1-, s,'-/'1) ~Gl-k ~,)(lo.i1I() Z'..d-u Print Name of Witness 17B~ STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I::z. 'If, day of M ~ 2007, by Katherine G. Sproul, as Trustee of the Juliet C. Sproul Trust under the Will of Barron Collier, Jr., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, in O.R. Book 2992, Page 2016 of the P.R. of Collier County, Florida, as a general partner of Halslatl Partnership, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification. ~i<.~ Notary Public SUSAN L. MATURO Print Name: My Commission Expires: I () - '7 ~ 0 8 ~~ SuNnLMoturo . ~ . My Comrr'llSllOl"l 00343818 ""I ....,<.. EIl;Qires0d0ber15.2008 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this / ;.. ye.. day of IJ.R ~ 2007, by Jennifer S. Sullivan, as Trustee of the Juliet C. Sproul Trust under the Will of Barron Collier, Jr., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, in O.R. Book 2992, Page 2016 of the P.R. of Collier County, Florida, as a general partner of Halslatl Partnership, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification.' - ~ 'lllufivtJJ Notary Public SUSAN L. MATURO Print Name: My Commission Expires: {{J ~ 15 -0 8 ~~ SwalL-.. \, ~/' My CommoaIIOn 0ll343e1G or ro; Expirea October 1 15. 2001 (]~a,AtUr' CAROLYNA. SHAW Print Name of Witness Zr;\~~:'~ln~, :!rV Print Name of Witness STATE OF FLORIDA ) COUNTY OF COLLIER) -fl.- The foregoing instrument was acknowledged before me this /~ day of ~ 2007, by Paul J. Marinelli, Chief Executive Officer of The Halslall Partnership, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification. - - 4't.~ N~tary Public SUSAN L MATURO Print Name: . My Commission Expires; l 0 -I '5"-0 B ~~ SuaorlLMoIuro . ~ . My COI1lfI'16ssaon 00343818 '\" Of"./ Expires Qctobef 15.2008 --,-~-~,--,----,-----,-_._._._-----'-'-~..~----_.._----....- 17a 1Z8 Q~r-Atg<W/ LAPLAYA GOLF CLUB, LLC, a Delaware limited liability mpany CARO~YNA, SHAW Print Name of Witness / -;) " ff",Q , /~~ , ,'J? 1-< '7.-A',) " ~ K.a.:~,(~-t>; s r" +v; 1.- n ) Print Name of Witness By: " STATE OF FL COUNTY OF Qiw"ld.) The foregoing instrument was acknowledged before me this !7-..,.c.day of ~ 2007, by Stephen J. Lockwood, as a Managing Member of LaPlaya Golf Club, LLC, ~ho is personally known to me or who has produced as i~ rf? ~ Notary Public ~ Print Name: ~USAN L. MATURO My Commission Expires: /0-/5 -o<a '-"~ SuHo L MolufO . ~ . My CommmlOl'l 00343816 \.~...J ExpicesQclober15.2008 LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company {]~ (to ~w- By: Stephen J. Lockwood & Company LLC As A Managing Me r CARO~YNA. SHAW _ '"tfB~~~~A J :V"lli\:,(l' -N Print Name of Witness STATE OF fL ) COUNTY OF '"....wE1/... ) .,t. The foregoing instrument was acknowledged before me this ~ day of ~ 2007, by Stephen J. Lockwood, as Managing Member of Stephen J. Lockwood & Company LLC, as a Managing Member of LaPlaya Golf Club, LLC, who Is personally known to me or who has produced as identification. ~t.~ ,....~ SU....lMoluro ,'1.1' My Com"*,,,," OO".3lI1O lSI f\i Expna 0cI0ber 15. 2008 Notary Public Print Name: SUSAN L. MATURO My Commission Expires: 10-15-08 ~,_._._.._--_.~..._----~. Acceptance by Grantee: ATTEST: DWIGHT E. BROCK. ClerK By: Deputy ClerK BOARD OF COUNTY COMMISSIONERS COLLIER aOUNTY. FLORIDA TOM HENNING. CHAIRMAN Approved as to form and legal sufficiency: By: J ight As i tant County Attorney 178 ~ !~ -<~ ~I plil lii~ ~i r o (') ~ - o z luST' lll~l _...:..':... 17 B 3O\!ACRE:GOollU:T1tIlllPUIl ~" , il'! " , " , I' " !' , ' !" "' i.,!, 1._, , ~I " o c z ., -< _ L ~I'" i"!I!,L,~\ lii?,i "." ~ ~ ~It~ ~"I"" ~ :;; -'- '^" ~ ~~ I ill r! l' !il ~ .....____1< i" · ,I' -I [lj! , "' i , ! , ~ ~ AIR.PORT_PULLINGROAlJ (C_R ~1) ~ii "-, i' ll~ < IPI.!i.! i! , ,I ' !I! II -! i . -I! !'ft " I U , 3: l> -C O~O>lN01S!l,,^,l I' i' II ,~ "' a~ II .Iii ~ "II "I if " "' I, 5~ 00 :!:iL -m 00 z., il 'II! "I"! , " - , ,N1EF<5TA1E.l& i" -u CWIlESS\\OQlS (:QI.F~~Il'lYCl..UB lNTERSTATE.l~ II ", ""Wl1I<GmH , " " i' " 0' '::1~ ," -I I ! , ! , " " '"0 ;;00 a b", ,. ~[;; a . II I --I. / NOTTOS<:1.l.E .r ~. ;-<;:'; ~~ CD w~ . ~ n p no~~ ~~ ZO~ O~~ OZ~ ~~ ". .... ~ . ~ 8~ z~ o. 0' ~ . ~ en - -l ~ . rr1 ~ ~ z . z 3: 00 ~~ l> " . QP -C Cc ~w , ~ . ~ ~ " ~ . r . ~ 0 z ~ ~ c z ~ n c- D < ~ 0 . n c 0 w . 0 ~ ~ 0'" < ^ ~ ~ . ~::j 0 0 0 ~ 0 ~ ~ om ~ ~ ~ 0 ~ z Z 0 ~ ~ --~.,---"-----"--- ~I =1 ~.... Pd liim ~~ .., ,. e ,. .... .. ~ r- o n l> -f - o z 178~ (~, S'fl 1ffl1W~! .21 I'RA'lKBOOl.EVN\D " ! , ! r "' "' " o c z --; -< ~ l> -0 !II 2~-< b ~ 0" 0" ~2 Om z'1 II -!l! " -< IJ .- . !l '~I INTERSTATE .1~ i !I , I , ! .p i ~ '"' ~ p < . , o~ 0, z~ O' O~ ~ . ~ <' .z ZO O~ ~~ w OC Oz z, O~ O~ ~ en - -f <, ITI ~. z, "' ~. z-< .. ~ z 00 l> ~~ . -0 QP Co "W , ~ > ~ ~ L ~ F 0 > 0 I ~ C Z < ~ 0 z ~ 0 -< Z I 0 ~ 0 w . C -< , " < 0 ~ 0 " . ~ 0 ~ 0 i;; ~ i;; ~ i;; 0 z 0 ~ ~ i;; 0 000 ~=i Om z l?B AVESMT-2006-AR-10754 REV: 2 LAPLAYA GOLF MAINTENANCE FACILITY Project: 2005040080 Date: 12/21/07 DUE: 1/9/08 /l.;oo "'0"'1\<"" REYI[';gO LIST OF ABUTTING PROPERTY OWNERS Falcon Ridge Neighborhood Association Inc. PO Box 11 0207 Naples, FL 34108 Mr. Angelo Lucarelli Ms. Gail Lucarelli 400 Euclid Drive Naples, FL 34110 Sawgrass of Naples Residents Association Inc. 2338lmmokalee Road #137 Naples, FL 34110 Kes Ramsay 277 Sawgrass Court Naples, FL 34110 Ms. Kathleen J. Thurston 273 Sawgrass ~O"C-I Naples, FL 3411 0 Mr. Edwin G1asberg 269 Sawgrass Court Naples, FL 34110 Koco Shkurti Aksinja Shkurti 265 Sawgrass Court Naples, FL 34110 Joseph R. Luteran Karen L. Luteran 261 Sawgrass Court Naples, FL341 10 LA PLAYA GOLF MAINTENANCE FACILITY l?B LIST OF ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET OF THE PROPOSED VACATION 1. Epifanio, Joseph R 16 Heritage Way Naples, FL 34110 Folio No. 32383001008 2. Riddle, Dennis A & Sheryl A 18 Heritage Way Naples, FL 34110 Folio No. 32383000986 3. Escobar, Braulio & Adiela 20 Heritage Way Naples, FL 34110 Folio No. 32383000960 4. Short, Everett C & Donna J 22 Heritage Way Naples, FL 34110 Folio No. 32383000944 5. Tennent Sf., Andrew & Mary 24 Heritage Way Naples, FL 34lto Folio No. 32383000928 6, Kerekes, Vandoran & Robin L. 26 Heritage Way Naples, FL 34lto Folio No. 32383000902 7. Joyce, Thomas R & Audrey F 28 Heritage Way Naples, FL 34110 Folio No. 32383000889 8. Rice, Robert D & Joann 30 Heritage Way Naples, FL 34110 Folio No. 32383000863 9. Marrelli, Eraldo & Rosaria 32 Heritage Way Naples, FL 34110 Folio No. 32383000847 139 Marwood Place Maple, Ontario L6A I - C4, Canada 17. 18. 19. 10. Raymond, Chester M & JWle 34 Heritage Way Naples, FL 34110 Folio No, 32383000821 17r 11. lvY-A<" 12-0.N\1',I::. t \C.rz.IST'j,JA ~P.N'I\\(ovA '2.1 M~I>\ so~ OIZ-. ~f)(ple~ h. 3411O-1'3Z.z... fe-lIt <\..lv. 5"-' '318Soc.-z.o'4- 12. Pirrone, Elizabeth R & Angelo 25 Madison Drive Naples, FL 341to Folio No. 56318500]81 13. Peterson, David W & Donna M 29 Madison Drive Naples, FL 34110 Folio No. 56318500165 14. Biancaniello, Mino & Silvana 33 Madison Drive Naples, FL 34110 Folio No. 56318500149 15. Mahoney, Sean 34 Madison Drive Naples, FL 341 ] 0 Folio No. 56318500288 16. Gentry, Norman & Kamila 30 Madison Drive Naples, FL 34110 Folio No. 56318500262 St. John, Sandra Jean 26 Madison Drive Naples, FL 34110 Folio No. 56318500246 Di Longo, George 22 Madison Drive Naples, FL 34110 Folio No. 56318500220 Zanetti et ux, Foster 221 Cypress Way Unittol Naples, FL 34110 Folio No, 72130040007 69 Beechwood Road Oradell, NJ 07649 20. Kasischke Tr, Carolyn M, Placke Jr., William H & Beth 221 Cypress Way Unit 102 Naples, FL 34110 Folio No. 72130080009 27536 Big Bend Road Bonita Springs, FL 34134 178 21. Arblaster, Earl Edgar 221 Cypress Way Unit 103 Naples, FL 34110 Folio No. 72130120008 39 Green Briar Road Alliston, Ontario L9R 1 ~ R6, Canada 22. Brubaker, Elizabeth 221 Cypress Way Unit to4 Naples, FL 34110 Folio No, 72130160000 9764 Connecticut Street Bonita Springs, FL 34135 23. Gray, Theodore M 221 Cypress Way Unit to5 Naples, FL 34110 Folio No. 72130200009 1981 North Star Road Columbus, OH 43212 24. Bayer, William A 221 Cypress Way Unit 106 Naples, FL 3411 0 Folio No. 72130240001 48 Purnell Place Manchester, CT 06040 25. Dublino Tr, George & Dub1ino, Marilyn 221 Cypress Way Unit to7 Naples, FL 34110 Folio No. 72130280003 9400 Gulf Shore Drive Naples, FL 34108 26. Wiles, G Christopher 221 Cypress Way Unit 108 Naples, FL 34110 Folio No. 72130320002 27, Reed, Carol A l?B 221 Cypress Way Unit 201 Naples, FL 341to Folio No. 72130360004 28. Baggs, A R 22] Cypress Way Unit 202 Naples, FL 34110 Folio No. 72130400003 29. Moulds, Clifford & Mabel 221 Cypress Way Unit 203 Naples, FL 34110 Folio No. 72130440005 30. Putnam, Karlene K 221 Cypress Way Unit 204 Naples, FL 34110 Folio No. 72130480007 1] 21 Gulf Shore Boulevard North Naples, FL 34102 31. Reed, Phyllis A 221 Cypress Way Unit 205 Naples, FL 34 I to Folio No. 72130520006 32. Dunckley, Thomas W & Salley J 221 Cypress Way Unit 206 Naples, FL 341 to Folio No. 72130560008 33, Johnson, Nancy J 221 Cypress Way Unit 207 Naples, FL 34110 Folio No. 72130600007 34. Pontiac National Bk Tr 221 Cypress Way Unit 208 Naples, FL 34] 10 Folio No. 72130640009 408 Carol Court Pontiac, IL 61764 35. Hicks, Troy Lee & Corene 178 'J> 333 Cypress Way Unit 101 Naples, FL 341 10 Folio No. 25030040002 39 Hawthorne Road Rolla, MO 6540 I 36. Roettele, Thomas P & Carol 333 Cypress Way Unit 102 Naples, FL 34110 Folio No. 25030080004 37. Bryant Est, Una Rose Keybank National Association Pr 333 Cypress Way Unit 103 Naples, FL 34110 Folio No. 25030120003 4194 East Normandy Park Drive Medina, OH 44256 38. Strother Tr, James & Margaret 333 Cypress Way Unit to5 Naples, FL 341 10 Folio No. 25030 J 60005 1267 Mockingbird Lane Sun Prairie, WI 53590 39, Coulson, James 333 Cypress Way Unit to6 Naples, FL 34110 Folio No. 25030200004 40. Young, William E & Barbara L 333 Cypress Way Unit 201 Naples, FL 341 10 Folio No. 25030240006 41. French, Kathryn 0 333 Cypress Way Unit 202 Naples, FL 34110 Folio No. 25030280008 42. Poole Tr, Barbara E l?S 333 Cypress Way Unit 203 Naples, FL 34110 Folio No. 25030320007 22286 Valley Oaks Drive Beverly Hills, MI 48025 43. Lohman, Jack L 333 Cypress Way Unit 204 Naples, FL 3411 0 Folio No. 25030360009 44. Hicks Tr, Doin E 333 Cypress Way Unit 205 Naples, FL 34110 Folio No. 25030400008 5907 Alexander Lane Deale, MD 20751 45. Johnson, Margaret J 215 Cypress Way East UnitA-l Naples, FL 34110 Folio No. 60570000020 46, Caraway, Joann 215 Cypress Way East UnitA-2 Naples, FL 34110 Folio No. 60570000046 47, Vibral, Donald & Schmidt, Diane 21 5 Cypress Way East UnitA-3 Naples, FL 34110 Folio No. 60570000062 48. Giorango, Susan W 215 Cypress Way East Unit B-1 Naples, FL 34110 Folio No. 60570000088 542 Gunderson A venue Oak Park, IL 60304 49. Hall. David E & Lana C 2 15 Cypress Way East Unit B-2 Naples, FL 34110 Folio No. 60570000101 50. Downing Tr, Fran S 215 Cypress Way East l?B Unit B-3 Naples, FL 341to Folio No. 60570000127 4702 Briar Patch Court Indianapolis, IN 46250 51. Gerner, Franz-Josef & Bettina 215 Cypress Way East UnitB-4 Naples, FL 34110 Folio No. 60570000143 52, Orlea, Mildred L & Richard L 215 Cypress Way East UnitB-5 Naples, FL 34110 Folio No. 60570000169 53. Bonamarte, Anne M & Michael 215 Cypress Way East UnitC-1 Naples, FL 34110 Folio No. 60570000185 54. Thompson, Nancy & Geoffrey 215 Cypress Way East UnitC-2 Naples, FL 34110 Folio No. 60570000208 5652 Morgan Avenue South Minneapolis, MN 55419 55. Kurland Tr, Joan E 215 Cypress Way East Unit C-3 Naples, FL 34110 Folio No. 60570000224 14325 Country Club Lane Orland Park, IL 60462 56. Richman, Spencer & Richman Tr, Ellen J 215 Cypress Way East UnitC-4 Naples, FL 34110 Folio No. 60570000240 730 Tarpon Cove Drive Apt. 201 Naples, FL 34110 57. Cabral, Yvonne & Gantzer, Jacqueline & Bleijendaal 178 215 Cypress Way East Unit C-5 Naples, FL 34110 Folio No. 60570000266 58. Gauthier, Joyce Kenwood 215 Cypress Way East UnitC-6 Naples, FL 34110 Folio No. 60570000282 59. Benn, John M 215 Cypress Way East UnitC-7 Naples, FL 341 to Folio No. 60570000305 60. Smith, James F & Emma Jean 215 Cypress Way East Unit C-8 Naples, FL 34110 Folio No. 60570000321 61. Thies, Vera 215 Cypress Way East UnitC-9 Naples, FL 341to Folio No. 60570000347 62. Beers Est, Marion S C/O Diane M Dennis Pr 215 Cypress Way East UnitC-IO Naples, FL 34110 Folio No. 60570000363 63. Tlivigno, Frances 215 Cypress Way East UnitC-11 Naples, FL 34110 Folio No. 60570000389 64. Matish, Phillip A & Brenda J 2 I 5 Cypress Way East UnitC-12 Naples, FL 34110 Folio No. 60570000402 2865 Loreto Drive Willoughby, OH 44094 65. Ward, Charles J & Joan M 178 215 Cypress Way East UnitD-1 Naples, FL 34110 Folio No. 60570000428 to405 San Luis Lane Orland Park, IL 60467 66, O'Donnell, David J & Roberta M 215 Cypress Way East Unit 0-2 Naples, FL 341to Folio No. 60570000444 14344 Country Club Lane Apt. L Orland Park, I L 60462 67. Brah1er, Robert B & Marilyn J 2 I 5 Cypress Way East Unit 0-3 Naples, FL 34110 Folio No. 60570000460 2006 Tanglewood Circle Louisville, OH 44641 68, McDonald, James E & Carolyn J 2 15 Cypress Way East Unit 0-4 Naples, FL 34110 Folio No. 60570000486 700 Diamond Circle Apt. 708 Naples, FL 34110 69. Abbott, James W 2 I 5 Cypress Way East Unit 0-5 Naples, FL 34lto Folio No. 60570000509 4023 136"' Lane NE Ham Lake, MN 55304 70. Trombetti, Pamfilo A & Delores 21 5 Cypress Way East Unit A-2 Naples, FL 34110 Folio No. 60570000046 134 Eden Crest Drive Cranston, RI 02920 71. Capone, Natalina 17B~ 215 Cypress Way East Unit D-7 Naples, FL 34110 Folio No. 60570000541 1043 Albany Court Naples, FL 34105 72. Nelson, Wanda 2 15 Cypress Way East Unit 0-8 Naples, FL 34110 Folio No 60570000567 73, Kurland, Thomas E & Elaine J 215 Cypress Way East UnitD-9 Naples, FL 341to Folio No. 60570000583 12520 Lucille Lane Palos Park, 1L 60464 74, Roberts, Joanne & Di1a11a, Joseph 215 Cypress Way East UnitD-10 Naples, FL 341 to Folio No. 60570000606 7462 Emilia Lane Naples, FL 34114 75. Bryant, Angela L 2 15 Cypress Way East UnitD-11 Naples, FL 341 to Folio No. 60570000622 76. Plescia, Joseph & Karen E 2]5 Cypress Way East UnitD-12 Naples, FL 34110 Folio No. 60570000648 7 North McConnell A venue Bayport, NY 11705 77. Raynor, Lorene C 2 15 Cypress Way East UnitE-1 Naples, FL 34110 Folio No. 60570000664 PO Box 188 Boothbay, ME 04537 78. Kravec, Stephen J & Deborah E 215 Cypress Way East UnitE-2 Naples, FL 34110 Folio No. 60570000680 l?B 79. Sitarz, Shirley 215 Cypress Way East Unit E-3 Naples, FL 34110 Folio No. 60570000703 14900 Summit Place Circle Naples, FL 34119 February 4, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VESMT 2006-AR-I0754 Dear Legals: Please advertise the above referenced notice on Sunday, February 10, 2008 and again on Sunday, February 17, 2008. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk Account No. 131-138327-649100 l7B NOTICE OF PUBLIC HEARING 110 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 26, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-10754, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 25 FOOT WIDE DRAINAGE EASEMENT OVER THE SOUTH AND EAST 25 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, ORIGINALLY CREATED AND RECORDED IN OFFICIAL RECORD BOOK 2693, PAGES 3215 AND 3216, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND NOW FURTHER DESCRIBED IN THE ATTACHED EXHIBIT 'A', AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT, ALSO SHOWN ON THE ATTACHED EXHIBIT 'A', IN PLACE OF THE VACATED EASEMENT. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 118 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) "'--~.._~.._-,..>>- Dwight E. Brock Clerk of Courts -t:Otlp-ty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY ctOURT~OUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044 , NAPLES, FLORI DA'11l 0 1-3044 ... l?B Clerk of Courts Accountant Auditor Custodian of County Funds February 4,2008 La Playa Golf Club, LLC 116 Viking Way Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~lL~t>sf2\ ~K Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.fl.us ~-~'_.,--_._~_._-------_._---_._---._.__,,_'"'__."'__~.,M___,__,.,~,~__,.,,________ Fax- (239) 775-2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts -eoupty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAM lAM I 1\RAIL E~ST P.O, BOX 413044 NAPLES, FLORlDA~4101-30~4 .. li'S Clerk of Courts Accountant Auditor Custodian of County Funds February 4,2008 Jim Carr Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, ~IGHT E. BROCK, CLERK , 'U0i Cc PCLcL~(Ll \ c eresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Emai1-collierclerk(ti)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts -eOWlty of Collier t_--. CLERK OF THE CIRCUlT COURT COLLIER COUNTY Q:OURT~OUSE 330 J T AMIAMI TRAIL EAST , P.O. BOt 413044 NAPLES, FLORIDA '~~IOJ-30~4 .. .L?B~ Clerk of Court Accountan Audita Custodian of County Fund: February 5,2008 Falcon Ridge Neighborhood Association, Inc. P.O. Box 110207 Naples, FL 34108 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~( ft'GS(LI ~C Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.coIlier.fl.us Fax- (239) 775-2755 Email-coIliercIerk(il)clerk.coIlier.fl.us Dwight E. Brock Clerk of Courts 'eD~nty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTfIOUSE 3301 TAMIAMI T(R,AIL EAST P.O. BOX413044, NAPLES, FLORIDA:f4IOl-3044 ... 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Mr. Angelo Lucarelli & Ms. Gail Lucarelli 400 Euclid Drive Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ fltr ~ ' . '. . .~ 5(27 . 0> eresa Polas i, Deputy Ie?R- Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(tVclerk.collier.t1.us Dwight E. Brock Clerk of Courts ___mm___. __ ('.] . '-eounty of CollIer L.- ", CLERK OF THE CIRCUJT COURT COLLIER COUNTY d:OURT~OUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044. NAPLES, FLORIDA '1'1101-3044 ... 1 ? 8 14 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Sawgrass of Naples Residents Association, Inc. 2338 Immokalee Road #137 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DW GHT E. BROCK, CLERK \ " . ,/1/1,'1 U.' '\r ' J1-'CC"-.'j't d_______ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.fl.us Fax-(239) 775-2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts ~ounty. of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTBOUSE 3301 TAMlAMI ~RA1L EAST P.O. BOX 413044 NAPLES, FLORIDA~4tol-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Kes Ramsay 277 Sawgrass Court Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ml4f1!tYfJ-;4llk._ Teresa Polaski, cleguty Cfe"rk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerkrtiJclerk.collier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier 1;_. CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT,?OUSE 3301 TAMIAMI TRAIL EAST P.O. Bot 413044 NAPLES, FLORIDA 441 0 1-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Ms. Kathleen J. Thurston 273 Sawgrass Court Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~('/(t fJ(~{YJ1\ :) ~ Teresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.c1erk.colIier.fl.us Fax- (239) 775-2755 Email- colIierclerklalclerk.colIier.fl.us Dwight E. Brock Clerk of Courts ~Dun, ty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY (COURTFlOUSE 3301 TAMIAMI ~RAIL E!\ST P.O. BOX 413044 NAPLES, FLORIDA _Htol-3044 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Mr. Edwin Glasberg 269 Sawgrass Court Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~' fJ..' .,'If \ (.L1-&t. /ff-{jl,~(L1 Ac. eresa Polaski, Deputy Clerk '. Enclosure Phone- (239) 732-2646 W cbsitc- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerklalclerk.coIlier.fl.us Dwight E. Brock Clerk of Courts .eounty ofC'o'l1ier ,-- CLERK OF THE CI~CU~T COURT COLLIER COUNTY CCOURT,?OUSE 3301 TAMIAMI TRAIL EAST " P.O. BO:X 413044, NAPLES, FLORIDA:t1tol-30f4 ... 17B~~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Koco & Aksinja Shkurti 265 Sawgrass Court Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ 0lU~{ fl,~~L. '~<-.. \T~a Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Website- www.c1erk.collier.t1.us Email-collierclerklalclerk.collier.t1.us Dwight E, Brock Clerk of Courts -County of Collier CLERK OF THE CIRCU,T COURT COLLIER COUNTY C:OURTllOUSE 3301 TAMIAMI TRAIL EAsT , P.O. BOX 413044. NAPLES, FLORIDA~4101-3044 *" 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Joseph R. & Karen L. Luteran 261 Sawgrass Court Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~7 f(ltl~f:; !jc' Teresa Polaski, Deputy Clerk ~. Enclosure . '^~.n._._~_ H__..._~.". "_"~"'_"'_~_'~ ".."......--... .._.~,..._-~--~------,--_..,,'-~~.,. Phone- (239) 732-2646 Website- www.c1erk.colIier.t1.us Fax-(239) 775.2755 Email-colIiercIerk(a)Clerk.colIier.t1.us Dwight E. Brock Clerk of Courts -eounty of Collier L_, , CLERK OF THE CIRCU~T COURT COLLIER COUNTY C'OURTaOUSE 3301 TAMIAMI 1(RAIL Ei\ST P.O. BOX 413044 NAPLES, FLORlDAl1101.3044 ... 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Joseph R Epifanio 16 Heritage Way Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK a;?~~ t/~t(z'( ~2..-- Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Wcbsite- www.c1erk.collier.t1.us Email-collierclerklalclerk.collier.t1.us -----.__.,_,~_.___._._....__.'"0..._. "_."_,...'m,..~__,__.,,_.,.u_.,,.~.......,",,,_~,____~__.~,~",,__,_._.__._,~_ Dwight E. Brock Clcrk of Courts ~ounty of Collier c_ CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMI 1(RAlL EAST PO. BOX 413044. NAPLES, FLORIDA ''',4101-3044 .. 178' Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Dennis A. & Sheryl A. Riddle 18 Heritage Way Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (~LL~f'( &'8;k'1 ~------ Teresa Polaski, Deputy Clerk Enclosure ..._^_. d,_.,.__.,~.__~... ., ',_.. .~__',_____._____... Phonc- (239) 732-2646 Website- www.c1erk.collier.t1.us Fax-(239) 775-2755 Email-collierclerk(ti)c1erk.collier.t1.us Dwight E. Brock Clerk of Courts eoupty of COllier CLERK OF THE CIRCU!T COURT COLLIER COUNTY C;:OURT~OUSE 3301 TAMIAMI1(RAIL EAST P.O. BOX 413044. NAPLES, FLORIDA:f1l01-3044 .. l?8 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Braulio & Adiela Escobar 20 Heritage Way Naples, FL 34110 Re: Petition A VESMT -2006-AR-l 0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ ~, , . IQ~ Ijt{a~t[{ >~ ~ki, Deputy Clerk . Enclosure ".,.-.--. ---~.._-.~.-_..,.",-"_.,~.,'~------- ---"-""'-~"._--'~"----"'-'-'--" Phone- (239) 732-2646 Website- www.c1erk.collier.t1.us Fax- (239) 775-2755 Email-colliercIerklalcIerk.collier.t1.us Dwight E. Brock Clerk of Courts {~ounty of Collier I.. ~" CLERK OF THE CIRCU~T COURT COLLIER COlJ'NTY C;:OURT~OUSE 3301 TAMIAMI ~RAIL EAST P.O. BOX 413044, NAPLES, FLORIDAJ4l01-3044 -,' l?B Clerk of COUl1S Accountant Auditor Custodian of County Funds February 5, 2008 Everett C. & Donna J. Short 22 Heritage Way Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ \) LLU~ P6({tS@, j~ ~ \~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.t1.us Fax- (239) 775-2755 Email-colliercIerklalclerk.collier.t1.us Dwight E. Brock Clerk of Courts .eounty of Collier L. CLERK OF THE CIRCU~T COURT COLLIER COUNTY <.tOURT,?OUSE 3301 TAMIAMI 1\RAIL EAST P.O. BO~ 413044, NAPLES, FLORIDA '.Htol-3044 * 17t Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Andrew & Mary Tennent, Sf. 24 Heritage Way Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK I~~ ftl(iS(t~ ~C>~_. Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.t1.us -~-'~--'~-'--_."~'----'-'--'- _'__'~'-"_~''''_--_''''.'~-_.__''_-~,.q-_..,-,-- ......_--~.,-_. '.--....__...__...__...'w__..___........_""_. Fax- (239) 775-2755 Email-collierclerklalcIerk.collier.t1.us Dwight E. Brock Clerk of Courts -eounty of Collier t___ CLERK OF THE CIRCU~T COURT COLLIER COUNTY <I:OURTt.IOUSE 3301 TAMIAMI TRAIL EAST " P.O. BO}( 413044 NAPLES, FLORIDA'_HI01-3044 -$- l?B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Vandoran & Robin L. Kerekes 26 Heritage Way Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing, Sincerely, :JDWIGHT E'jfBROCK, CL::RK ( . ~_ ' -,(j).81;... k esa Pol as i, Deputy Clerk Enclosure Phone- (239) 732-2646 Websitc- www.c1erk.collier.t1.us Fax-(239) 775-2755 Email-collierclerk(aJclerk.collier.t1.us Dwight E. Brock Clerk of Courts -County of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY C:OURTfloUSE \ 3301 TAMIAMI T,RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA .~,~ 1 0 1-3044 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Thomas R. & Audrey F. Joyce 28 Heritage Way Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ji"tC,'J \- \,_ · t.C~ K'C4--61~ TC~ esa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.t1.us Fax-(239) 775-2755 Email-collierc1erk(ti)c1erk.collier.t1.us Dwight E. Brock Clerk of Courts .eounty of Collier ,- CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE \ 330 I T AMIAMJ TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 3'41 0 1-3044 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Robert D. & loann Rice 30 Heritage Way Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ V LUC!\.eCCJ-St~)~ \~a Polaski, Deputy Clerk Enclosure ---~----~_._--_.,.- ........ -_...._~...- _..,.._._'-_.,--_.,----_."..,_...._~-,_._..'^_.,--"_.,--..- Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-collierc1erklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier \--.. - CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST " P.O. BOt 413044. NAPLES, FLORIDA~410l.3044 ..Ji} 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Chester M. & June Raymond 34 Heritage Way Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK e::lLU_..AJJ"--- 'f6{{C~(1l ~C_ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732.2646 Website- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk(ti)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts eOll;Ilty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY <!'OURT~OUSE 330 I T AMI AMI T,RAIL EAST P.O. BOX 413044 NAPLES, FLORIDA3:~IOI-30fl4 * 17 B '" Clcrk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Elizabeth & Angelo Pirrone 25 Madison Drive Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (' 'J. UG,,- Pc;(Q_;:;f~\ he l ~~Iaski, Deputy Clerk Enclosure Phone- (239) 732-2646 W cbsitc- www.c1erk.collier.fl.us Fax- (239) 775-2755 EmaiJ- collierclerkia!c1erk.collier.fl.us Dwight E. Brock Clerk of Courts .eounty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT!lOUSE 3301 TAMIAM11(RAIL EAsT P.O. BOX 413044. NAPLES, FLORlDAr410l-3044 ..:i~ '1 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 David & Donna Peterson 29 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ 1 ULtc:c_ ~J~e.( ~ \~a Polaski, Deputy Clerk Enclosure --~---'._--,-,._._..._.__..._.._-,~...__...-,",,--_.._-'-'-~""~.'-""-'---~"~"~'-- Phone-(239) 732-2646 Website- www.cIerk.collier.fl.us Fax-(239) 775-2755 Emai1-collierclerk(wcIerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier \,,~ - CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTaOUSE 3301 TAMIAMI TRAJL Ej~ST " P.O, BOX 413044. NAPLES. FLORIDA ~\l101-3044 *' "~B - /'.'" .' ;.' " Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Mino & Silvana Biancaniello 33 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C' rJ ilLW2" Pc-tO--S1L( ~~,. "~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Website- www.clerk.collier.fl.us Email-collierclerk(ti).c1erk.collier.ll.us Dwight E. Brock Clerk of Courts eOll!1ty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTfJOUSE 3301 TAMIAMI T\RAIL EAST P.O. 80~ 413044, NAPLES, FLORIDA.r41 0 1-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Lukas Ramik & Kristyna Ramikova 21 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C' I) LL-lL-0- {i:Ul${fL{ ~ \<\:Th~:~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier ~,~ CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMl ~R,AlL EAST P.O BOX 413044 NAPLES, FLORIDA~410l-3044 *' 17B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Sean Mahoney 34 Madison Drive Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r\ /}, lULZ ~(tLHL( ))(j ~olaski, Deputy Clerk Enclosure Phone- (239) 732.2646 Fax- (239) 775-2755 Website- www.clerk.collier.fl.us Email- collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts ~ounty of Collier l_ -^ CLERK OF THE CIRCU!T COURT COLLIER COUNTY <COURT BOUSE 330 I T AMIAMI T,RAIL EAST P.O. BOX 413044. NAPLES, FLORIDA .~~ 1 0 1-30fl4 *' 17 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Barbara Poole, Tr 333 Cypress Way Unit 203 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ to Llll,.('" ~ttCL~Z tbL. \~esa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.coIlier.fl.us Fax-(239) 775-2755 Email-coIlierclerk(ti)clerk.coIlier.fl.us Dwight E. Brock Clerk of Courts -et}unty of Collier L__." _., CLERK OF THE CIRCD~T COURT COLLIER COUNTY COURT!JOUSE 3301 TAM1AMI l1R,A1L EAsT P.O. BOX 413044. NAPLES, FLORIDA-t1l()I-30~4 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Barbara Poole, Tr 333 Cypress Way Unit 203 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ (J t I I \.Q ~cio-YJZ\ ~ \~Iaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.fl.us -------'~---'_..~."._'-"._'-----"-_._~--~-_.._-----_._._.--~ -, -'---"---.-"- Fax- (239) 775-2755 Email-collierclerk(a)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts .eounty of Collier L_- CLERK OF THE CI~CU!T COURT COLLIER COUNTY <WURTlIOUSE 330 I T AMIAM11(RAIL EAsT P.O, BOt 413044, NAPLES, FLORIDA~~tol-30f4 *' 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Stephen & Deborah Kravec 215 Cypress Way East Unit E-2 Naples, FL 34110 Re: Petition A VESMT -2006-AR-l 0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ /J I I , I P", ~~1L\bc ~'~ski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(ti)clerk.collier.fl.us Dwight E. Brock Clerk of Courts --eounty of Collier 1,>- CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044. NAPLES, FLORIDA '.H 101-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Angela Bryant 215 Cypress Way East UnitD-11 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ '1~ ~r:t()-~-t,~t')~l~-- ~a Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts eountyof Collier \.._- , CLERK OF THE CIRCU~T COURT COLLIER COUNTY C:OURT!IOUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044. NAPLES, FLORIDA~4tol-3044 *' 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Wanda Nelson 215 Cypress Way East Unit 0-8 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK f\ /) V--CV7{ HS{(LVIC l h-c ~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(ti)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts .eounty of Collier CLERK OF THE CI~CUfT COURT COLLIER COUNTY COURTfjlOUSE 330 I T AMIAMI T,RAIL EAST P.O. BOX 413044 NAPLES, FLOR!DA.f~101-30~4 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Frances Trivigno 215 Cypress Way East UnitC-11 Naples, FL 341 J 0 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ rJ l)uJ.((Rfa.Q:tl)~ ~a Polaski, Deputy Clerk Enclosure __.^_ _. ...._._..'__.0_~"..__,.___..___,__._~ Phone-(239) 732-2646 Website- www.cIerk.coIlier.l1.us Fax- (239) 775-2755 Email-coIlierclerklalclerk.coIlier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier c~ CLERK OF THE CIRCUJT COURT COLLIER COUNTY <tOURT~OUSE 3301 T AMIAMI T,~AIL EAST P.O, BOt 413044. NAPLES, FLORIDA~~101-30~4 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Marion S. Beers, Est c/o Diane M. Dennis, Pr 215 Cypress Way East Unit C-10 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ D lUi€t f)o(g.Q(z( ;.~ ~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.fl.us Fax- (239) 775-2755 Email-collierc1erklalcIerk.collier.fl.us Dwight E. Brock Clerk of Courts '-eounty of Collier I,n.' . CLERK OF THE CIRCUIT COURT COLLIER COUNTY <tOURTnOUSE 3301 TAMIAMI1([{AIL EAsT P.O. BOX 413044. NAPLES, FLORIDA 34101-3044 ... 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Vera Thies 215 Cypress Way East Unit C-9 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK \' 1 ~LR -p6(gg~,- ~L l..~~a Polaski, Deputy Clerk Enclosure ._.._--"---_.-.~."-."------,"--_._--~.,.-..._.._-"-_.- ---~,-~-,-,,-_.__..._--~,_._._.,.._- - ---"-'~~-' Phone-(239) 732-2646 W cbsite- www.clerk.colIier.fl.us Fax- (239) 775-2755 Email-colIierclerk(tiIc1erk.colIier.f1.us Dwight E. Brock Clerk of Courts ~-ountyof Collier \.;--'" ' CLERK OF THE CIRCUfT COURT COLLIER COUNTY CCOURTflOUSE 3301 TAM1AMI rR,A1L E,{ST P.O. BO~ 413044, NAPLES, FLORIDA!41Ol-30~4 . 171 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 James & Emma Jean Smith 215 Cypress Way East Unit C-8 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ V Ill1e'A. ~((/?tc~ ~( ~e\fa' Polaski, Deputy Clerk Enclosure --_.,.~-~,_._~---.- Phone- (239) 732-2646 Website- www.c1erk.coIlier.fl.us Fax- (239) 775-2755 Email-coIlierclerklalclerk.coIlier.fl.us Dwight E. Brock Clerk of Courts eounty of CbUier 'c_ CLE~o?JE;~~f;~~~gu~?URT 3301 TAM1AMI T,R,AIL EAST P.O. BOX 413044 NAPLES, FLORIDA~4101-3044 .~~ 178 'I Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 John M. Benn 215 Cypress Way East Unit C-7 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, " D Dll IGGHHIT E. BROCK',,~~E,RK ~LC~?cL~'1ll'\ bC__ '. Teresa Polaski, Deputy Clerk Enclosure Fax- (239) 775-2755 Email-collierclerklalc1erk.collier.fl.us Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier 1.- CLERK OF THE CIRCU~T COURT COLLIER COUNTY (WURT~OUSE 3301 TAM1AMI ~R,AIL EAST P.O. BOX 413044. NAPLES, FLORIDA~4tol-30~4 .. 17 B&;J Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Joyce Kenwood Gauthier 215 Cypress Way East UnitC-6 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ("\ 'J, . tc,,- D.. (~~}l ~ . ~aski, b~uty Clerk - ~. Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier \~.- CLERK OF THE CIRCU!T COURT COLLIER COUNTY <WURT!;IOUSE 3301 TAM1AM11;RAlL E.'\ST P.O BOX 413044. NAPLES, FLORlDA3~tol-3044 .. 17E Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Yvonne Cabral & Jacqueline & Bleijendaal Gantzer 215 Cypress Way East UnitC-5 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK /\S-l~ ~GG~~tzA ~,. Teresa Polaski, Deputy Clerk Enclosure ----.---.__~~__,__~."'___~_~___,_.'~_~_____,.h_...... .. _.'_._.._.,__._.._._"___w__.""_,._.__.___. Phone- (239) 732-2646 Web site- www.clerk.collier.ll.us Fax- (239) 775-2755 Email-collierclerklalclerk.colIier.fl.us Dwight E. Brock Clerk of Courts 'eountyof Collier \,_. CLERK OF THE CIRCU!T COURT COLLIER COUNTY (WURTl!OUSE 3301 TAMIAMI T,RAIL EAST P.O. BOt 413044, NAPLES, FLORIDAWOl.30~4 ... 17B~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Ann & Michael Bonamarte 215 Cypress Way East UnitC-I Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r~Rb\~k~<-- Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerklalcIerk.collier.fl.us Dwight E. Brock Clerk of Courts {:o~ty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY tOURT~OUSE 3301 TAMIAMI rRA1L EAST P.O. BOX 413044. NAPLES, FLORIDA '~4101-3044 ... !. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Mildred & Richard Orlea 215 Cypress Way East UnitB-5 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~{c&k~~<--- sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 W cbsite- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerklalcIerk.collier.fl.us Dwight E. Brock Clerk of Courts .--eount,y of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY <tOURTl.IOUSE 3301 TAMIAMI TRAIL EAsT , P.O, BOX413044, NAPLES, FLORIDA'r~tol-3044 *' 178f Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Franz-Josef & Bettina Gerner 215 Cypress Way East Unit B-4 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~-tl ~YLLl ~G Teresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.cIerk.collier.fl.us Fax- (239) 775-2755 Email- collierclerklalcIerk.collier.fl.us Dwight E. Brock Clerk of Courts e-ounty of Collier L'. , CLERK OF THE CIRCU!T COURT COLLIER COUNTY <!:OURTl'iOUSE 330 I T AMI AMI TRAIL EAsT , P,O. BOX 413044. NAPLES, FLORIDA~41 0] -3044 .. 178 .~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 David & Lana Hall 215 Cypress Way East Unit B-2 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ I() I LU..~_ Pt0-~t.A lx \~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email- collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts , - eounty of Collier l:___. CLERK OF THE CIRCUIT COURT COLLIER COUNTY <!:OURTBOUSE 3301 TAMIAMI '[(RAIL EAsT P.O BOX 413044" NAPLES, FLORIDA '~~ 1 0 1-3044 *" 178'1Si Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Donald Vibral and Diane Schmidt 215 Cypress Way East UnitA-3 Naples, FL 34110 Re: Petition A VESMT-2006-AR-10754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (' 0, . . '12" ~c.Co-Xl~ p~ \--~Iaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email- collierc1erklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier \,." CLERK OF THE CIRCU!T COURT COLLIER COUNTY C::OURT~OUSE 3301 TAMlAMI TRAIL EAST , P.O, Bot 413044, NAPLES, FLORIDA '~~101-3044 *' 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Joann Caraway 215 Cypress Way East UnitA-2 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK _ IJ 'D. c~'^- ~t:0-~S~, :r~ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-colliercIerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts .-eountyofCollier L..., CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT110USE 3301 TAMIAMI ~RAIL E.~ST P.O, BOX 413044 NAPLES, FLORIDA~4tol-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 ~argaretJ.Johnson 215 Cypress Way East Unit A-I Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ,. : "-"-^-Nc,-._\t.t~~~(c--\'D'<---" . eresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-colliercIerkia!cIerk.collier.fl.us Dwight E. Brock Clerk of Courts .eounty of Collier \,- CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAM11(R,AIL EAST P.O. BO:X 413044, NAPLES, FLORIDA~4l01-3044 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Jack Lohman 333 Cypress Way Unit 204 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~}..Q,-~~~ iJ~ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk(ti)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier \;-- , CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTI:'IOUSE 330 I T AMIAMI 1(j\AIL E,,{,ST P.O. BO:1( 413044. NAPLES. FLORIDA:r~tol-30f14 *' 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Kathryn French 333 Cypress Way Unit 202 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK "' () L,,-~ \t>c \~k\~L \,~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Websitc- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierc1erk(tiiclerk.collier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier \~~ . CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAM! f,RAIL EAST P.O. BOX 413044 NAPLES, FLORIDA:f~101-30'l4 *' 1 78 tli. Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 William & Barbara Young 333 Cypress Way Unit 201 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK o 1 LeUa.. ~J't(2/( J c \'-~~a Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.c1erk.collier.fl.us Fax-(239) 775.2755 Email-collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts ~oupty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL Ej~ST " P.O, BOX 413044. NAPLES, FLORIDA'14101-30;i4 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 James Coulson 333 Cypress Way Unit 106 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ JlA.J~~,)..~~12r'~~_ \~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web sitc- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(mclerk.collier.fl.us Dwight E. Brock Clerk of Courts --eounty of Collier 1::_. _ CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMI T,RAIL EAST P.O. BOX 413044 , NAPLES, FLORIDA $101-3044 *' l78 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Thomas & Carol Roettele 333 Cypress Way Unit 102 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK .~~tll.h" \)C(o.(.{pt'~ C.___ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.fl.us Fax- (239) 775-2755 Email-colliercIerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier L-_ CLERK OF THE CIRCU1T COURT COLLIER COUNTY COURT!IOUSE 3301 TAMlAMI T,RAIL E~ST P.O BOX413044 NAPLES, FLORIDA~4101-30f4 * 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Nancy J. Johnson 221 Cypress Way Unit 207 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ( il U-llC,- ~&R%h~)~ ~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.cIerk.collier.fl.us Fax- (239) 775-2755 Email-colliercIerklalcIerk.collier.fl.us Dwight E. Brock Clerk of Courts -e-ounty of Collier t~_ CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 3301 T AM1AMI "(,RAIL EAST P.O BOX 413044. NAPLES, FLORlDAl110l-3044 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Thomas & Salley Dunck1ey 221 Cypress Way Unit 206 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C fJ ~C?^'- ?c.~C{:4..-~tL\~ '. ~a Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(il:clerk.collier.t1.us Dwight E. Brock Clerk of Courts -eounty of Collier \~- - CLERK OF THE CIRCUJT COURT COLLIER COUNTY ~:OURT,?OUSE 330 I T AMIAMI T,RAIL EAST P.O. BOX 413044 NAPLES, FLORIDA~4101-3()44 4- , 178 Clcrk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Phyllis A. Reed 221 Cypress Way Unit 205 Naples, FL 34110 . Re: Petition A VESMT-2006-AR-t0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r-. <J LU-~L ~D(crih~k \~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.coIlier.fl.us Fax- (239) 775-2755 Email-coIlierclerkialclerk.coIlier.n.us Dwight E. Brock Clerk of Courts -e'tHmty of Collier ,,- CLERK OF THE CIRCUIT COURT COLLIER COUNTY (WURT~lOUSE 3301 TAMIAMI TRAIL EAST " P.O. BOX 413044, NAPLES, FLORIDA~4101-30~4 -$- 278 " Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Clifford & Mabel Moulds 221 Cypress Way Unit 203 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ <J LLUe< PCUSIZ,--:X~ \ ~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY <tOURT~OUSE 3301 TAMIAMI "(~[L EAST P.O. BOX 413044. NAPLES, FLORIDA '~41O 1-3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 AR Baggs 221 Cypress Way Unit 202 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~S42L'D-~ eresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.coIlier.f1.us Dwight E. Brock Clerk of Courts .eounty o..f Collier l_ , CLERK OF THE CIRCU!T COURT COLLIER COUNTY Q:OURT(IOUSE 3301 TAMIAMI T,~IL EAST P.O. BOX 413044 NAPLES, FLORIDA '34101-3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Carol A. Reed 221 Cypress Way Unit 201 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (" 'f)l{ We. ~t~ll21'L{ ~ \~~saj:>olaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.l1.us Fax- (239) 775-2755 Email-coIlierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'CH.l;Ilty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMI WIL EAST P.O. BOX 413044. NAPLES, FLORIDA 34101-3044 ... _c, '~ !. /8 rf.:, t/ " Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Christopher G. Wiles 221 Cypress Way Unit 108 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK ~ '~ t ~ \ \" L\'-c~~ t ,G-?rL.. ," "" eresa Polaski, Deputy ~ler~ Enclosure Phone- (239) 732-2646 Website- www.c1erk.coIlier.l1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.coIlier.f1.us Dwight E. Brock Clerk of Courts -e'Oll;11ty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY ~OURT~OUSE 3301 TAMIAMI TRAIL EAST " P.O. BOX 413044, NAPLES, FLORIDA '~41 0 1-3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 George Di Longo 22 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK " ()lLtJ[L P[.lo..~1;.1. ~ ~a Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.coIlier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.coIlier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier 1.- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTtlOUSE 3301 TAMIAMI l(RAIL EAST P.O BOX 413044 NAPLES, FLORIDA~1101,3044 -$- 178 . Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Sandra Jean St. John 26 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK \' 0,. ~\... 8~~tQ\4''k- "~laski, Deputy Clerk Enclosure Phone- (239) 732,2646 Website- www.cIerk.collier.l1.us Fax- (239) 775-2755 Email-coIliercIerk(a)Clerk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier t_, ., CLERK OF THE CIRCU!T COURT COLLIER COUNTY ltOURT(IOUSE 3301 TAM1AMI l(~IL EAST P.O. BOX 413044, NAPLES, FLORIDA r4101,30~4 -$- _t.. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Norman & Kamila Gentry 30 Madison Drive Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK ~ ;1l~ ~o-trJ.- ){2-{ ':D~, '-~sa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-colIierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier \'---" , CLERK OF THE CIRCUJT COURT COLLIER COUNTY crOURT(IOUSE 3301 TAM1AMI TcRA.IL Ej\ST P.O. BOX 413044 NAPLES, FLORIDA~1101,3044 -$- J.78 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Shirley Sitarz 215 Cypress Way East Unit E-3 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK (\ 1/ ~~6~ ~Y;t4 (;K-._ \~a Polaski, Deputy Clerk Enclosure ----~._..,-. .. _.....,~._,_~.__.m'__ _~.__.______._,_._"'_.__"_ "w._._ ........ .~.",. ,_'""_._.",, . . Phone- (239) 732-2646 Website- www.c1erk.coIlier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.coIlier.f1.us Dwight E. Brock Clerk of Courts eour-ty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTtlOUSE , \ 3301 TAMIAMI '(RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA',H 10 1-3044 4- 17B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Lorene Raynor 215 Cypress Way East Unit E-I Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, ~DWIGHT E, BRO~CK' CLE~K , ( . ':'\ "-;> WG\', . (lQv~{1.\. r,,"------, , sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)cIerk.collier.f1.us Dwight E. Brock Clerk of Courts eOll;11ty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY ltOURTBOUSE 3301 TAMIAMI l(~IL EAST P.O. BOX 413044, NAPLES, FLORIDA~4101,3044 ~~ ire Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Natalina Capone 215 Cypress Way East UnitD,7 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK ~ \. \\\ ( (,I..,;{Z}<- , ' '--L",.c\.. \'()~!- D . \. k.... -. eresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.f1.us Fax- (239) 775,2755 Email-colliercIerk(Q)cIerk.collier.f1.us Dwight E. Brock Clerk of Courts ~Oll;11ty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY C:OURTaOUSE 3301 TAMIAMI "(~IL EAST P.O. BOX 413044, NAPLES, FLORIDA '~~10I,3044 -$- J 171 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Joseph & Karen Plescia 215 Cypress Way East UnitD,l2 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK i\ 1\ ~.. ~t-{o--~t0S.,~,- \,~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.cIerk.collier.f1.us Fax-(239) 775-2755 Email-collierclerk(Q)cIerk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier l__ CLERK OF THE CIRCU!T COURT COLLIER COUNTY ltOURTtlOUSE 3301 T AMIAMI TRAIL EAST , P.O. BOX 413044, NAPLES, FLORIDA'f41 0 1-3044 -$- l7a Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Joanne Roberts & Joseph Dilalla 215 Cypress Way East Unit D-IO Naples, FL 34110 Re: Petition A VESMT -2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK (\ IJC'-.,lJve\ ~L~L~V1'D(-::'-,- l~~ Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.coIlier.f1.us Fax- (239) 775-2755 Email.coIlierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier '-~ CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI l(RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA .:t4I01,3044 -$- 17B Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Thomas & Elaine Kurland 215 Cypress Way East Unit D-9 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK c{QLUb.~ \\W%ft-.'0~m Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.f1.us Fax-(239) 775-2755 Email-collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier \,-- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTijOUSE 3301 T AMIAMI ~RAIL EAST P.O. BO~ 413044, NAPLES, FLORIDA~4101-3044 -$- 17ai~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Pamfilo & Delores Trombetti 215 Cypress Way East UnitA-2 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing, Sincerely, DWIGHT E, BROCK, CLERK ~U-LW. PCJ__~2c \C, , Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-colIierclerk(ti:c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eountYof Collier 1.__-... , CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTBOUSE 3301 TAMIAMI TRAIL EAST , P.O. 80'<413044, NAPLES, FLORlDA~41 0 1-30~4 -$- 17a Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 James Abbott 215 Cypress Way East Unit D-5 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ A l~UC(_ YCCfc~tL(~/ '~~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.f1.us Fax, (239) 775-2755 Email-collierclerk(wclerk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of COllier 1.--' _ CLERK OF THE CIRCU1T COURT COLLIER COUNTY Q:OURT,?OUSE 3301 TAMIAMI l(~IL EAST P.O. BOX 413044, NAPLES, FLORIDA '~4101,30~4 -$- 17a Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 James & Carolyn McDonald 215 Cypress Way East Unit D-4 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK (\ ~ Lu.LLC PLla9Z{'K- \ ~a Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.f1.us Fax-(239) 775-2755 Email-collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier L,~ CLERK OF THE CIRCU!T COURT COLLIER COUNTY t1:0URTHOUSE 330 I T AMIAM1 TRAIL EAST , P.O. BOX 413044 NAPLES, FLORIDA '3'1101,3044 -$- 17a Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Robert & Marilyn Brahaler 215 Cypress Way East UnitD,3 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, r!;:;;l;~~l< Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.l1.us Fax- (239) 775-2755 Email- colliercIerk(il;c1erk.collier.l1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier \.:-- - , CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTtlOUSE 3301 TAMIAMI l(RAIL EAST P.O. BOX 413044. NAPLES, FLORIDAW01,3044 -$- 178 ~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 David & Roberta O'Donnell 215 Cypress Way East UnitD-2 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, D~l::~ BRP6~~~~~ ~a Pol""k;,' Depoty CI"k Enclosure Phone- (239) 732,2646 Website- www.c1erk.collier.f1.us Fax- (239) 775-2755 Email-collierc1erk(Q).cIerk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier 1.___.. , CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMI T,~IL EAST P,O. BOX 413044. NAPLES, FLORIDA 34101-3044 -$- 17a Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Charles & Joan Ward 215 Cypress Way East UnitD-l Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r:-Il. L~, '\\)Cc~~LL b~- \~~sa Polaski, 6eputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775-2755 Web site- www.clerk.collier.f1.us Email-collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier ,-- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044, NAPLES, FLORIDAr41 0 1-3044 . 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Phillip & Brenda Matish 215 Cypress Way East UnitC,12 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. Yau are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK G20LUC"'., fo(9-,~V\1 C___ Teresa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.collier.f1.us Fax- (239) 775-2755 Email.collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier ,- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI l(~IL EAST P.O. BOX 413044, NAPLES, FLORIDA:WOI,3044 ... . 178~ Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Spencer Richman Ellen J. Richman, Tr 215 Cypress Way East Unit C-4 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (' tJ. . . 'h ~JD-~~~~ "~i, DeputyClerk Enclosure Phone-(239) 732-2646 Website- www.cIerk.coIlier.f1.us Fax- (239) 775-2755 Email-coIlierclerk(Q)cIerk.coIlier.f1.us Dwight E. Brock Clerk of Courts eOU[1ty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY tOURT~OUSE 3301 TAMIAMI T,RAIL EAST P.O. BOX 413044, NAPLES, FLORIDAJ4101-3044 -$- 178 C Icrk of Courts Accountant Auditor Custodian of Coullty Funds February 5, 2008 Joall E, Kurland, Tr 215 Cypress Way East Unit C-3 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK ~ ~)"l - 0/; -\. be : ~\0~ ~G\..C.lL-NL "-.........._. ". esa Polaski, Deputy Clerk Enclosure Phone- (239) 732,2646 Web site- www.c1erk.collier.f1.us Fax-(239) 775-2755 Email-collierclerk(tl:c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier " CLERK OF THE CIRCU!T COURT COLLIER COUNTY <COURT!IOUSE 3301 TAM1AMI '(RAIL E;\ST P.O. BOX 413044 NAPLES, FLORIDAJ410l,3044 fr l?B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Nancy & Geoffrey Thompson 215 Cypress Way East UnitC,2 Naples. FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. Yau are invited to attend this public hearing, Sincerely, DWIGHT E, BROCK, CLERK ~LLLLO-. ~o{a81Ll L Teresa PolaskI, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.c1erk.colIier.f1.us Fax- (239) 775-2755 Email-colIierclerk(ti:c1erk.collier.f1.us Dwight E. Brock Clerk of Courts eounty of Collier 1,- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAlvIIAMI '(RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA~4101,3044 ~Jt" l?p Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Fran Downing, Tr 215 Cypress Way East Unit B-3 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK c-\J. ~.~k-~L\,)L }~ Polaski, 1~puty Clerk Enclosure Phone- (239) 732-2646 Web site- www.cIerk.collier.f1.us Fax- (239) 775,2755 Email-collierclerk(wclerk.collier.t1.us Dwight E. Brock Clerk of Courts eounty of Collier \--.- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTtlOUSE 3301 TAMIAMI TRAIL Ef~ST , P.o. BOX 413044, NAPLES, FLORIDAr4101,30~4 1~ I?" ; Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Susan W. Giorango 215 Cypress Way East Unit B-1 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing, Sincerely, DWIGHT E, BROCK, CLERK ~ (J t~~ i1:~1.~L[ )C_ I ~a Polaski, ~uty Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.colIier.f1.us Fax- (239) 775-2755 Email-colIierclerk(li)c1erk.colIier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier ,_ CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTaOUSE 3301 T AMIAMI TRAIL El~ST , P.O. BOX 413044 < NAPLES, FLORIDA '~4101-3044 -$- 118 Clerk of Courts Aecountant Auditor Custodian of County Funds February 5, 2008 Doin E. Hicks, Tr 333 Cypress Way Unit 205 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 l.lnd Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK !~t1t'(SLku ( ~...~ Teresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier t_'. . CLERK OF THE CIRCU!T COURT COLLIER COUNTY Q:OURT~OUSE 3301 TAM1AMI TRAIL EAST PO BOX 413044, NAPLES, FLORIDA~4101,307l4 -$- 118 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 James & Margaret Strother, Tr 333 Cypress Way Unit 105 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008, Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK - (). U. \Q,-- ~~~L-t'l) c...._ r'~a POlaski, Iiguty Clerk Enclosure Phone- (239) 732-2646 Web site- www.clerk.collier.f1.us Fax- (239) 775-2755 Email- collierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of Collier t__ CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT!JOUSE 3301 TAMIAMI TRAIL EAST , P,O. BOX 413044. NAPLES, FLORIDA'~4101-3044 -$- 17/" ,- Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Una Rosa Bryant, Est Keybank National Association Pr 333 Cypress Way, Unit 103 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK "'~-1fL0L1 ~~.. '~sr=i;laski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website, www.c1erk.collier.f1.us Fax- (239) 775,2755 Email-colIierclerk(Q)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'o~ty of Collier CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURT~OUSE 330 I TAMIAMI TRAIL EA,ST " P.O. BOX 413044 , NAPLES, FLORIDA 44101,3044 -$- l?n Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Troy Lee & Corene Hicks 333 Cypress Way Unit 101 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK o :)~. Vcs~~~\.b <--.. '\~a Polaski, Deputy Clerk Enclosure Phone, (239) 732-2646 Web site- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(ii)c1erk.collier.f1.us Dwight E. Brock Clerk of Courts -e'ounty of C:()llier l_ CLERK OF THE CIRCU!T COURT COLLIER COUNTY C:OURTtlOUSE 330 I T AMIAMI TRAIL EAST , P.O. BOX 413044 NAPLES, FLORlDA '~41OI,3044 ... 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Pontiac National Bk Tr 221 Cypress Way Unit 208 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK Qto-~0-1~/ Deputy Clerk Enclosure _'___"_c_..___~_"__.___._,_,."," '-~'~'-___'_ -. '-'_'___'_* _._._ .____~____"..__,._.._"___...*.....__._,__~,__"._._"_.._._ .., '." _....,..~._.~~_w__.________....__.,.~_ Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-coIlierclerk(iVclerk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier L_ CLERK OF THE CIRCU!T COURT COLLIER COUNTY Q:OURT~OUSE 3301 T AMIAMI TRAIL EAST P.O. BOX 413044.. NAPLES, FLORIDA~4IOI,30~4 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Karlene K. Putnam 221 Cypress Way Unit 204 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008, You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK f\ <J LLL\(A ~~~ \. ~esa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.cIerk.coIIier.l1.us Fax- (239) 775-2755 Email-coIIiercIerk((iJcIerk.coIIier.fl.us Dwight E. Brock Clerk of Courts -e'ountyof Collier 1:-- . CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAM[ TRAIL E.~ST P.O. BOX 413044. !\APLES, FLORIDA ~4101,3044 .. 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 George Dublino, Tr & Marilyn Dublino 221 Cypress Way, Unit 107 Naples, FL 34110 Re: Petition A VESMT -2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17,2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK \:~L~, jtb{O~;~/1 /Y- "'-~esa Polaski, Deputy Clerk Enclosure "__~__'____.__._...____._._..M_.______.___.~_. Phone-(239) 732,2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk(a;cIerk.collier.fl.us Dwight E. Brock Clerk of Courts -e'Oll;11ty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY ltOURTtlOUSE 330 I T AMIAMI r,RAIL E;\ST P.O, BOX 413044 NAPLES, FLORIDA~4101,30~4 -$- l?S Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 William A. Bayer 221 Cypress Way Unit 106 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '" iJ LLClliL Pc Lt1S;Jz i \ / ("'~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-colIierclerk(tl)c1erk.colIier.fl.us Dwight E. Brock Clerk of Courts -e'Oll;11ty of Collier CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAM1 TRAIL E3.ST , P.O. BOX 413044, NAPLES, FLORIDA 34101,3044 . l?S Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Theodore M. Gray 221 Cypress Way Unit 105 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ()U-'Ll(~ &~~':p<--- \'--~sa Polaski, Deputy Clerk Enclosure Phone- (239) 732-2646 Web site- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-colliercIerk(tl;cIerk.collier.fl.us Dwight E. Brock Clerk of Courts -e'nunty of Collier 1._.. I CLERK OF THE CIRCU!T COURT COLLIER COUNTY (WURTaOUSE \ 3301 T AMIAMI l(RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA~41 0 1,3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Elizabeth Brubaker 221 Cypress Way Unit 104 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C' ;)'J~ fi&.~2k/t ~ ~ \-~aski, Deputy Clerk Enclosure Phone, (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email.colliercIerk(iVclerk.collier.fl.us Dwight E. Brock Clerk of Courts -e'mmty of Collier ,- CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURT~OUSE 3301 TAMIAM1 T,RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA ~4101-3044 . 17B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Earl Edgar Arblaster 221 Cypress Way Unit 103 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008, You are invited to attend this public hearing. Sincerely, ~DtIGHT E, BR~~ CLE~ I"~ 'L~~e"^- ruc6S6~ ~Z/ eresa Polaski, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.c1erk.colIier.fl.us Fax-(239) 775-2755 Email-collierc1erk(Q)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts -e'ounty of Collier I.-- CLERK OF THE CIRCUIT COURT COLLIER COUNTY ltOURT80USE 3301 TAMIAMI l(RAIL EAST P.O. BOX 413044, NAPLES, FLORIDA'~4101-3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Carolyn Kasischkle, Tr William & Beth Placke, Jr. 221 Cypress Way, Unit 102 Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK \' (U LLt~ )j)Z(a~{L ,'D<--- \'~a Polaski, tJeputy Clerk Enclosure ~---'--"'-'~~"._----'._--'-"~-"-- Phone- (239) 732-2646 Web site- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk(Q)c1erk.collier.fl.us Dwight E. Brock Clerk of Courts eounty of Collier '.. CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTaOUSE 3301 TAMIAMI TRAIL EAST P.O. BO~413044 NAPLES, FLORIDA '~41O 1-3044 -$- 17B Clerk of Courts Accountant Auditor Custodian of County Funds February 5, 2008 Foster Zanetti, et ux 221 Cypress Way Unit 101 Naples, FL 34110 Re: Petition A VESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10, 2008 and Sunday, February 17, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK \ 0. llV'- Pu{cLgl~t .~~ \~ Polaski, Deputy Clerk Enclosure ",.-..--." _.____'.0_.._".' ._"'"~"._" ',._._,,,,__ ,,_ , . ._....~m__.".._...... ,,_~_ ,_,,_,_ __"N^_"',,__~_____"~_._,,__ Phone- (239) 732-2646 Web site- www.c1erk.coIlier.fl.us Fax- (239) 775-2755 Email-coIlierclerkla)c1erk.coIlier.fl.us Dwight E. Brock Clerk of Courts eOUflty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY ltouRTaoUSE 3301 TAMIAMI l(RAIL EAST P.O. BO;:< 413044, NAPLES, FLORIDA 34101,3044 -$- 178 Clerk of Courts Accountant Auditor Custodian of County Funds February 5,2008 Eraldo & Rosaria MaITeUi 32 Heritage Way Naples, FL 34110 Re: Petition AVESMT-2006-AR-I0754 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 26, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 10,2008 and Sunday, February 17, 2008. You are invited to attend this public hearing, Sincerely, cZIWGHTE.BROCK,CLERK f) /' 'f~ \ , , '--C!o..... I-Ci_{~~~ IS~ Teresa Polaski, Deputy Clerk Enclosure -~-._~._'-----" -~--"~<...__..._.-" -..--.---- _.~ Phone- (239) 732-2646 Fax- (239) 775-2755 Web site- www.cIerk.collier.fl.us Email-collierclerk(Q)c1erk.collier.n.us ---~~._-- 02/11/2008 00:18 23g2534703 foreign AOOOWlt trumber 001230 Ad# 1667825 Ad Net COllt ~;603 .24 COLLl:l!:~ GOV COMl'LIill( IlLOG J Name (primary) Company (primaryl Street I (Primary) ,'.(). TAMIAMJ: TRAIL Iii city (Primary) NAPLJ:S State (Pr~nary) FL ZIP (Primaryl 39112 phone (primary) i23:') 774-44H Claus code 0,l20 - N"t: oe of Me"tinq StArt Date 0://10/201)8 0:2/17f~OOII Stop Date prepayment Am.OU~:: Sf) . I 0 Ad Sales Rep. 716 - SlOoky J. RUey width 1 Pepth 147 Nella: e. ~Blle. HIARING Notl/;. Isl'I.reby IIj~el'l that'" ..... of COIrtY <:ommilllo"ers of' eor. ne; County \Al1Il held a p'ublk:: hearin. on Tue.t- Av.,""",,,,,'~21lO1" the loardr(loM. 3rt:! ,lqO~. Admlnllt.ra.tiMl Ulldi"G. coln.rCol,ll'ltY Government C.rrttt. 3301 ElIIt Tam!"",l Tr.~. Napl... fl(;\l'lda. Thl 1J1,..ting will bllGln .t '1GliI J..M;: TI'Ie tltl. Dttlw DfO.Pi- Rellolutlon hi: as tol OWl: A RESOLUTION OF lHE IOARD O' COUNTY ~ M1S$IONl!.S OF e '~IR COUNT'Y 'l I A. A"ATlNe Td TI AVQMH_ .6."-1 ,OISCLAIPJI..e. REN U CING AND VA- CATINO THI COUNTY'S "ND TH! IJ08!'IC'S. IN. T1iRIST I N A S FeOT WID' DOA'NA I !AS'. MINT OVIR THE. SOUTH A.MD lAST 2J 'UT 01' TH! N"!liRlI' OF TH! NORTHW V" Of' TttE NOR1HW V4 OF TH! .eUTH V' Of .oe- TlON 24, TOW~HIP 4 ~ror.~oo..,'(,.~..I~n, AND II~DlD It.! MI- CIAl.. CORD 1001( 21S11, P is 321S AND 321.. I. ...."e AE. COFlOS r;OLL.I~R cOUNTY. ..CRIDA. AND NOW FURTHER DE- SeR"ED IN THE AT. T~~H'D ..HI.,T 'A', ANAl ACCIPT'~'iIA lit!. ~~fJ~\!,J,!'.....~~OJ ~1oI8~N ON 'tHE iT. TACH!. EXHI"'T "'t IN PlAt! m'TH VACA ED fA5UdINT. NO"": All Persons wl:llhlno to ,"",konan;i AOIIndAItIIm",u.tIWf;JIi:. CLASS PAGE 08 178 02/11/2008 00:18 lOr w~h the COUnty 0;- mlnlstratOI' frior to pry- !entatlon 0 the l1CM'nCta. tlm to be ..ddriueel. Indl,'du" ._or. win bl lmlrid to5 mlnlolteS I)n ~ Item. 'The $tlfe' tlo" Of In Inl:UviduAI to speak on b,half of an grllanlutlor) Of i1roup 15 enl;ouraged. If r.,oo,,- niUI!f by tnl! ch.lr, a Sl)oktsper$on for a grOl.l~ or oralnlutlon may b. allOffed 10 mln~ utes to 5~ta.k on tin _. '.rsol'l.:: wiShing t,' haw wrfft.~ o~ graphH: materhal.. inClltICled ,n the Board _Mila PllCk:. et. mUlt submit said mawrlal .. minimum of 3 we,klll prIor to thl r.- sP.etl~ PUb~r.iIftng. In 8/l'Y eNe. n ma- "';j4t. rmendl:! to be ""'" ....~....... sha' bl! $u miUed to the appropr Cou!'lty $td'. minimum of it\" Ill" da~1 prior tQ th. gUtlllenearlng. All mOl- tr6~~ =rbnt~~=:'~ will "COI'l'lO: . perma. nMt: part; of IM~. An,; ~rson who CI.~id- "'.~"I.d4K:i.i~n .f1'. d will __ . l"COO I) the prc!lMd' inCl$ "rtalnlng thereto __'" _n... to tn.u,. tnat . \'/,rba, til'l'l rtcord oftn. pro. ~~'i'''''-.cJ"yjhlct "dUd.$ tne tes- timony ~~d tvlde"ce tf~:l' c tl'ie .,~.I KYOI.l..,.lptlrsonwttJ't . .".."Ily wh, no,", 8I"S accommodation In arller tf.\f.1) iClpt,b! In this 'IlrO 1,* you .... ontl'l4I h. no .~.". ~~tl'~ :::f;r.~~r PIOU. camaot the COl. lieI' Co~nt~ I'actlltlll!'5 Manalemont c.~.rt- lfltnt. located at nOl ~.roie.ml Tr.1I laJt. ""?i'n!:! w. Nap''', arl ]4U2, (aJI) 25Z- SJiO. .lI.ttttclli3teni"! l:!fil~s for t". tltll'in Impal,.d are i1.v.irGb in t". (:our,ty cammls. iiMll'S' Qil'fteto. BOUD O. ~OUNTV COM..'......!1lS COlLlEIII ~OUNTY. OLOAIDA TOld l1!NNINQ. CIofAIAMAN il'''''' .. 1AOCl<, '~..... ""_,, ~- ~. ,11 No1167&:2S 2392534783 CLASS PAGE 09 178 Teresa L. Polaski ~17B . To: Subject: legals@naplesnews,com A VESMT ,2006-AR-1 0754 Attachments: AVESMT 2006,AR-10754,doc; AVESMT 2006-AR-10754.doc Legals, Please advertise the following on Sunday, February 10, 2008 and again on Sunday, February 17, 2008. Thanks ~ AVESMT AVESMT j-AR'107S4.doc (28 j-AR'10754,doc (28 Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-B411 (T eresa.Po las ki@collierclerk.com) 1 178 Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, February 05, 2008 10:34 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT691949,txt; AVESMT-2006,AR,10754 1':1 l;..J B A TT691949. txt A VE5MT ,2006'AR'1 (231 B) 0754 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com FW: A VESMT ,2006-AR-l 0754 Page I of 1 17p Teresa L. Polaski From: Perrell, Pam [PPerrell@Naplesnews,com] Sent: Wednesday, February 06, 2008 10:51 AM To: Teresa L, Polaski Subject: RE: AVESMT-2006,AR,10754 Yes, they got it. I was out. They tend not to confirm. Sorryl Pam From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com] Posted At: Wednesday, February 06, 2008 9:34 AM Posted To: Legals - NDN Conversation: AVESMT-2006-AR'l07S4 Subject: FW: AVESMT-2006'AR-I07S4 Just checking to see if you received this email yesterday.ldid not get an ok on it. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 (T eresa.Po laski@colllerclerk.com) From: Teresa L. Polaski Sent: Tuesday, February 05, 2008 10:34 AM To: 'Iegals@naplesnews.com' Subject: AVESMT-2006'AR'10754 Legals, Please advertise the following on Sunday, February 10, 2008 and again on Sunday, February 17, 2008, Thanks <<AVESMT 2006,AR-10754,doc>> <<AVESMT 2006-AR-10754,doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252,8411 (T eresa.Polaskl@collierclerk.com) 2/6/2008 Th.Th, NAPLES DAILY :'IiEWS Published Dati: Naples. FLq 102 Affidavit of Publication State of Florida County of Collier Before the undersigned they' serve as the authority. personally appeared B, Lamb. who on oath says that they serve as the ASSIstant Corporate Secreta", of the Naples Daily. a daily newspaper published at Naples. in Collier County. Florida: dlstrlbuled in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBUC NOTICE' in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue On Februa", 1)"',2008 .\lllant lilrthcr says that th~ said :\'lpks ])ail~- !\cws is a nc\\spap..:r Puhlished at :\apks. in collier county, Florida and Ih<ll the said n..:wspapcr has hcrdofor.:: b':"::11 continuously Pllolishcd in said Colli..::r County. Florida~ distributed in Collier and Lee counti..::s of Florida, .each day and has been entered as s..::cond class mail matter at the post ollie..:: in !\aples, in said Collier Countv, Florida. for a period of 1 :-i.:ar nexl preceding the tirst publication ofthe attached copy or advertisement~ and affiant further says that he has neither paid nor promised any' person, tlrm or corporation any discount, rehate, commission or refund for the purpose of securing this advertisement for publieation in the said newspaper Ij.~ ( Signature of a ffia ut) Sworn 10 and subscribed before me This 17t". 200X Da\ Of Fehruary 200R NOTI,C,E OF PUBUC~ N.t1'iI'l.lie,~~, it.." thaI tho __countY commtSislon.... . of. eor. ner countywUl hold a I<llI>t1F~'\l.R r:~' ao,atd'r~"O'". ,3rd Floot;'~dmltlIJt"'ttQT\ sulldlng,COlUer Cou~ . ,331) amI: Na S., flor da.. lite m.', ,,~t~Bt..!!, I> ~d~rtr, ~S:r,+:;' . ~. > OF TtlE tl1:tlto6A\"ol IL,LI' ~OUNTY. , R/OAr TING TO . ITlON A MToltW. AR-10754., DISCLAIMING. RENOUNCtNQAHO VA. CAT'IN(; T-ME'CQUNTY'S A,Y-D'lHE" pYBUC'S . tN- TERUT iN A 2:5 FOOT WIDE'DRAINAGE EASE- ': tI OV ~^T~E S~TH IN It~ 'NO WEST 114,01' TIlE SOUTHWlSTiBlI4 F SEC. TlON 2" T .,' tp 48 ~' ,EAST. o " , ATED " . OFf'I- CI L RECORD BOOK 26t!. PAGES321S AND gg~tNTHE !i,IC RE- C OS OF 0 lIER U "FLORID. AND NOW ,URTHER DE. SamlBD IN THE AT- T'.' '~EHI"IT 'A', I. 'C, lNO A lIE' P 'Ad DRAlNAOE EAS . ENT ALSO SHOWN ON tHE AT. TAQ4t!D EXHIBIT . A', IN ~.TIIE VACATED No.T!: All persons INlshilHllQ .poal< on any aeon<!( 11Im must reg", , ter with the County. Ad. _Istrator friar to pre- sentation 0 theage(\da He!J"'I1l , "", 'fit.. ,d. 1i'1a1.V'''' $p. .'.' win 1 bi- Ifrnttld . to' minutes "OII""X_ -, 'tJon Of. an IAdtvldua' to speak on, behalf of an ~"5..IS '. . ". . ' . . J, r:ecoa- ~~~~. ~'.' l.SPOk...er:$,On for a aroup,' . or organl14tlon may 'oe allotted 10 mIn- utes to s'Peak on an tl'I'l.,"~-,,,,,,,,,,.~_ C.\ \~ \\.1 I; CUI \ ~~~ 0..( C ,,,-, "ifr';:/iJ'-..- CHANEL A. MCDONALD (Slgnalure of notary publIc) f.,W' ,~.\ Commission,DD650475 ~. ' ..! Expires June 29 2011 Rr:1't\{' &ndedThruTroYFal~lrHI~rilfIQRllQP-3Bi-701g FEt 59-257RJ27 17B p.r.ono wr....~!i.' have written C)I" . t materlaJi1!'~1 fe. ,n .the IIOlInJ a - eumu.t S bmtt ..:ld mattriaI a minimum Of 3 Wjeks PriM to the .'~~ ItYl\lUbll<heaet!, m,lal,', n'3.1'r. . ~.Id' y."" Bo ;' 11'" ulftnttted . ~,. . ~'I..ec.un~ i1lJtfa ml~ of leV- _~~pays -prior to the IWtlc'heaWnQ.' All ma- , erlalused in presenta- tions 4:lefofe. the 'Board will become a perma- nent p~ 01 ~ ,..cord, A'n!t:,.,' etson WhOr!1', . d- estQ~ a . Ion of the . .wll need a record of t e proceed- Ings t~ ~ai,n. thereto and- ...,..... to en.ure , t Ii verta~ tlm r.~rit of the pro- ceedings 'I made whlch record Inc udes the te,- tlmony and. evl,dence uJl'on which- the appeal Is based. ' II you .... . po",," with a disability who needs any accommodation In order to participate In this pro:ce8dlngi yOu ,are entitled; at Rocost to yO~,' to ttw prQvlslon of certain. autstance. Please contaCttbeCol~ lIer County FaclHtles Management Depart- ment. lc:aca.te.d ,t 3301 Tamlaml Trait .East, BUlldln., W. ~'91... FlortdaMll2; (~'252- 8380. Asslsted Ustenlng devlce!iJor .the hearlog Impalre . .1Ift: Bv'lIable In the eouftW.CG,"",ls. sloners'i)fttCt. BOAR,D OF. COUNTY COMMISSIONERS. . COLLI ~RC:O,tJ,HTY ,I FI..aRIDA TOM HEttNING, '. I CHAIRMAN DIYtGHTE. BROCll; CLlRk By'T......PoI...' ..f;.'ji.., ($ AL '" t:eb. 10, 17 No 1661825 ,t - ,': ,:,,;;<:~ - :~,', "',:: ", ,~:]f. ,,_ '~;-'-~__~j)'Flf;\~f;::.t'~ .''''\:," ",,_ ,'(- .,:.,',' l' ',,' ~ ,,,,,. "~ _ """" 'i'>~"r"c "<",', d. "-,,:,,\,'i. '5'1,'" c.~~',' ;'f~~ - ;'", ~ ,"'I q,,- 2/' , '. 3. i' 4! '"t' i c_" i:., ;('f/l/ :~~-'.-;, """':-'-"', " " . :4\<1:" ",t-'~'",' "gt" , , ;; ,N/A is not , "": _" "C-. "~.,, , ". lin~ 6. " ..~ 1 .' ~ "A 'y' -':".,-, "" , ~'~i<"'\~~~-':-~-;l?,:~ '., '~\~ _.r?!il~~i"~.,\,,&,_~~,~k-';lH.-~~ " ., " IllU "j"lIII"llni1l/~Oli_1)J IIi, I I! , il~.~.u9 6* 'Sed 26lrs ~ re(t2~~u """'-;-+,>fi!."'''''''l;",;~.,.,',~'-'/j,:,,~ .1lII._. ....____....... m, ,~VI 'I. "Rev. ."" ' .,.'~',1"'-X-.i--\';--i!l',:'1..-1;~~'-',~ ',''''lIl-,.(;'':''j, ,"c- "''-'~~~~)l#_~'''}*~N'I'Ii'~~_:~~lb!''~It_~.f~,,*%..~-\.:,~,;;t' :~M~jt~,\"'1t_ Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 4135616 OR: 4335 PG: 2143 RBCORDBD in the OPPICIAL RBCORDS of COLLIBR COUNTY, PL 03/04/2008 at 03:12PM DWIGHT B, BROCK, CLBRK RBC PBB coms 27.00 3.00 RESOLUTION NO. 08-~ l?B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-10754, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 25 FOOT WIDE DRAINAGE EASEMENT OVER THE SOUTH AND EAST 25 FEET OF THE NORTH 'j, OF THE NORTHWEST Y. OF THE NORTHWEST Y. OF THE SOUTHWEST Y. OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, ORIGINALLY CREATED AND RECORDED IN OFFICIAL RECORD BOOK 2693 PAGES 3215 AND 3216, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND NOW FURTHER DESCRIBED IN THE ATTACHED EXHIBIT 'A', AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT, ALSO SHOWN ON THE ATTACHED EXHIBIT 'A', IN PLACE OF THE VACATED EASEMENT, WHEREAS. pursuant to Section 125.01 and 125.37. Florida Statutes, Petitioner, La Playa Golf Club, LLC. has requested the vacation of a 25 foot wide drainage easement over the south and east 25 feet of the north Y, of the northwest Y. of the northwest Y. of the southwest Y. of Section 24. Township 48 South, Range 25 East having been originally created and recorded in the Official Record Book 2693 pages 3215 and 3216 of the Public Records Collier County, Florida. and depicted in Exhibit 'A'; and WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication an alternate 20 foot wide drainage easement as a replacement easement, attached hereto and also depicted in Exhibit 'A', in place of the vacated easement; and WHEREAS, the Board has this day held a public hearing to consider the Petitioner's request, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the 25 foot drainage easement as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the County hereby accepts the dedication of the replacement drainage easement attached hereto and shown on Exhibit 'A'. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this O1(,iJI day of rdJrlkAry ,2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ERK, ~ . t,.... I By: TOM HENNING, Approved as to form and legal sufficie 0""1'11"'")> "0)>)>< <D~' (1" m ..C1lj=I"'"CJl ......!:l.-)>;s: """-1-<-1 t:3N-<)> I ......0 "" _0 G)O 0", 00 .....0 en ~ 1"'"' o "1'1)> o ;s:;o CO )>.:.. o _0 Z..... -I'" m~ Z )>;0 Zm (1< m" "" o c: m ...... - to - o CO !/) > '~ ~ ..~ 3:t\ ,~ Ij~ ,Ii III III o "i 0:1 ~ '" ~ Cll I '" '" I o ., I I '" ~ "'1; <;> ~;: '" <;>"" "" "'... ~ ~~ ~ "'a ~ ~O:I ~"" ~ ~~ I&: 021 1&:", ~ - '" ",0 - 021 .... -m o ~P:- ~ """,2.: - ,"0 -0:1 ;j ~ 0:1 :il ~ '" ~8. 0:1 ~ '" - o 21 ~ ~ I ~ o I o '" VI '" '" d o ..: '" . ~ 0; ~ '" .5 1 I 1 I -HDJ'TlN 00>(11 mO~..." 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MEMORANDUM Date: March 4, 2008 To: Stephen Higgins Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Drainage Easement: La Playa Golf Club, LLC Enclosed please find an original of the documents, as referenced above, (Agenda Item #17B), adopted by the Board of County Commissioners on Tuesday, February 26, 2008. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 178 178 I~ This instrument prepared by: G. Helen Athan, Esq. Grant, Fridkin, Pearson, Athan & Crown, P .A. 5551 Rldgewood Drive, Suite 501 Naples, FL 34108 239-514,1000 AVESMT-2006-AR-10754 REV: 2 LAPLAYA GOLF MAINTENANCE FACILITY Project: 2005040080 DUE: 1/9/08 Date: 12/21/07 Project: PARCEL: Folio No.: DRAINAGE EASEMENT tt- 1\ THI~ I;:ASEMENT, made and entered into this / J- day of I~ , 2007, by LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company, whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires,) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to underground pipes, and various types of water control structures under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reseNations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of 178 constructing, operating, and maintaining drainage facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Notwithstanding anything herein to the contrary, Grantor, for itself and its successors and/or assigns, does hereby reserve the right to use said easement area for the following purposes: (a) drainage of storm water from land owned by Grantor, which land is adjacent to said easement area, and (b) a water management berm, back yard swales and landscaping. Grantor acknowledges that it shall install root barriers for any plants within 10 feet of any pipes in said easement area and that Grantor shall be liable for and replace any improvements which Grantor has placed in said easement area and which may be damaged by the Grantee in exercising its rights hereunder. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company THE HALSTATT PARTNERSHIP, a Florida General Partnership, as Managing Member By: Katherine G. Sproul and Jennifer S. Sullivan, as Trustees of the JULIET C. SPROUL TRUST under the Will of BARRON COLLIER, JR., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, PARTNER C1 ~~ UJ1fttv CAROLYN A SHAW Print Name of Witness >/)~d --:Zlt'/?" )' It. /1/ "-;) . , " -" , l..Rt,,- \ ".le-lo:7 ;:',..re Print Name of Witness ustee CJ{).J\.i' ~~ U 11 L~v CAROLYN A. SHAW Print Name of W'mjess ??a C/ \1./) ( ,,- f?:L, ':y .,,-u ~l(d{ -:Y'~('Cl1'Jrl Z.ch' Print Name of Witness 178 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I ::z.~ day of M ~ 2007, by Katherine G, Sproul, as Trustee of the Juliet C. Sproul Trust under the Will of Barron Collier, Jr., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, in O.R. Book 2992, Page 2016 of the P.R. of Collier County, Florida, as a general partner of Halstatt Partnership, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification. ~{(~ Notary Public SUSAN L. MATURO Print Name: My Commission Expires: I 0 - It; ~ 0 8 i,J#I ~ Suun l MallKO . " . My COmmlSSI()Il 003043616 "\'--:,1 !'"~pires October 15. 2008 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this / i{, tt- day of /J.R ~ 2007, by Jennifer S. Sullivan, as Trustee of the Juliet C. Sproul Trust under the Will of Barron Collier, Jr., Deceased, and as confirmed by change of Trustees dated January 1, 2002 and filed March 5, 2002, in OR Book 2992, Page 2016 of the P.R. of Collier County, Florida, as a general partner of Halstatt Partnership, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification.' _ ~ 'l/h,~ Notary Public SUSAN L. MATURO Print Name: My Commission Expires: ({) - (S -0 S ..,.,., ~ 50un L Maturo 1 ~ .; My CommiSSIOn 003043616 "?o,"'~ ExpIres October 15, 2008 178 o f)fl otJ.v t(. vU <U/ CAROLVNA. SHAW Print Name of Witness i)~~~ .~, ',' .'Vv , ')')(':j~:' i ~:, 1 ~) Print Name of Witness STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged t>efore me this I;;. jlZ.-day of ~ 2007, t>y Paul J. Marinelli, Chief Executive Officer of The Halstatt Partnership, as a Managing Memt>er of LaPlaya Golf Clut>, LLC, who is personally known to me or who has produced as identification, - _ 4~.~ Notary Put>lic SUSAN L. MATURO Print Name: My Commission Expires: 10 -I S--O S ~"~ Susan l Maturo ~ ~ ~ My CommissIOn 00343616 ~'t 0"..01 Ex.plres October 15, 2008 178 Q~a,A{~ LAPLAYA GOLF CLUB, LLC, a Delaware limited liability mpany / / CAROLYN A. SHAW Print Name of Witness .," -~ ' :f::'< -:-1 J... ,....h 1.., /" "'j ".? , . r:., ,,),., I .,' 1. +, ,-._l"<:;._ t ,)', i"; __~ , Print Name of Witness By: STATE OF Ft. COUNTY OF Cbw...,I:ffl..) The foregoing instrument was acknowledged before me this !.2."f'lday of ~, 2007, by Stephen J. Lockwood, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as;;J::: t. ~ Notary Public .' n Print Name: ',,/SAN L. MATURO My Commission Expires: It> -IS -Cl~ J'q1-'f ~ Susan l M8tlKO . ~ . My CommiSsIOn 003<43616 ~~,,..,/ Expires October 15. 2008 LAPLAYA GOLF CLUB, LLC, a Delaware limited liability company ()~ U.:AiiLY- By: Stephen J. Lockwood & Company LLC As A Managing Me r CAROLYN A. SHAW Print Name of Witness ?;i'~ . . ' ~ '*" ~ .Jr"'j>~ J,(,' 0' 7 \ '1' (J"fu(l --;&tu Print Name of Witness STATE OF ft.. ) COUNTY OF r",-uE1t.. ) 'Ii The foregoing instrument was acknowledged before me this ~ day of ~ 2007, by Stephen J. Lockwood, as Managing Member of Stephen J. Lockwood & Company LLC, as a Managing Member of LaPlaya Golf Club, LLC, who is personally known to me or who has produced as identification. ~t.~ :P~ ~ Suun l Malul'O ~ ~ . My Comm.SSlOI1 00343816 .,.,. "".../ Expires October 15. 2008 Notary Public . Print Name: SUSAN L. MATURO My Commission Expires: 10- I s~o8 Acceptance by Grantee: ATTEST: DWIGHT E, BROCK, Clerk . ,j" ~~'IM@',k Qeputy Gle.rk " ~t"S\ nto(CN 1,... . S19lt.tjirJ. ,MI. Approved as to form and legal sufficiency: By: J ight As i tant County Attorney 178 4" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA