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Backup Documents 04/08-09/2008 RBOARD OF COUNTY COMMISSIONER'S REGULAR MEETING BACK -UP DOCUMENTS APRIL 8 -9, 2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) El AGENDA April 8 -9, 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 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 April 8 -9, 2008 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. Reverend Dr. Bob N. Wallace, Everglades Community Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and /or Adopted with changes — 5/0 B. March 4, 2008 - BCC /Affordable Housing Workshop Approved as Presented — 5/0 C. March 6, 2008 - District 1 Town Hall Meeting Approved as Presented — 5/0 D. March 11, 2008 - BCC /Regular Meeting Approved as Presented — 5/0 E. March 27, 2008 - BCC /Congressman Connie Mack Meeting Approved as Presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 April 8 -9, 2008 A. Advisory Committee Service Awards: 5 -Year Recipients 1) Thomas Finn - Bayshore Beautification MSTU Advisory Committee Not present 2) John Iaizzo - Pelican Bay Services Division Board Not present 3) Patricia Spencer - Golden Gate Beautification Advisory Committee Presented 10 -Year Recipients 1) Bill Neal - Bayshore Beautification MSTU Advisory Committee Not present 2) Karen Acquard - Golden Gate Estates Land Trust Committee Not present 4. PROCLAMATIONS A. Proclamation to recognize Every Day is Tag Day and to encourage pet owners to participate in events related thereto in this community. To be accepted by Amanda Townsend, Interim Director, Domestic Animal Services and staff members. Adopted — 5/0 B. Proclamation designating April 13 -19, 2008 as National Crime Victims' Rights Week. To be accepted by Angela Larson from the Collier County Sheriffs Office, Betty Ardaya from the State Attorney's Office, Shaina Hicks from Project Help and a representative from the Shelter for Abused Women and Children. Adopted — 5/0 C. Proclamation designating April 16, 2008 as National Start Walking Day, on behalf of the American Heart Association. To be accepted by Al Reynolds. Adopted — 5/0 Page 3 April 8 -9, 2008 D. Proclamation initiating a campaign dedicated to preventing sexual exploitation of children. To be accepted by Amelia Vasquez, Program Manager from the local National Center for Missing and Exploited Children (NCMEC). Adopted — 5/0 E. Proclamation designating April 22, 2008 as Earth Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Director; Joe Bellone, Revenue Services Manager, Utility Billing and Customer Service; and Ray Smith, Pollution Control Department Director. Adopted — 5/0 Added F. Proclamation designating April 13 -19, 2008 as "National Telecommunicator's Week ". To be accepted by Commander Bill Rule. Adopted — 5/0 5. PRESENTATIONS A. Presentation to recognize Cathleen Feser, Urban Horticulture Agent, Collier County University Extension, for being chosen as one of the University of Florida's top Horticultural Educators. Proclamation presented B. Presentation on the status of the Santa Barbara Road Expansion Project. The project requirements include the expansion and improvement of Santa Barbara Blvd. from four (4) lanes to six (6) lanes for 4.25 miles and of Radio Road from two (2) lanes to four (4) lanes for 1.22 miles. The scope of the work includes bridge widening over Interstate I -75 and Golden Gate Canal, drainage improvements, utility relocations, noise abatement walls, signalization and lighting enhancements, and landscaping improvements. Presented C. Presentation by Murray Hendel and Jack Nortman from the Holocaust Museum of Southwest Florida. Presented 6. PUBLIC PETITIONS A. Public petition request by Similien Ancelot to discuss Haitian Flag Day. Page 4 April 8 -9, 2008 Proclamation to be presented at the next BCC Meeting to promote the Haitian Flag Day event Continued to the April 22, 2008 BCC Meeting B. Public petition request by James Walker to discuss impact fees for a commercial site in Immokalee, FL. C. Public petition request by Marcia Cravens to discuss renewal of 10 -year permit for Clam Bay Restoration & Management Plan. Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Ordinance amending Ordinance 91 -65, as amended, pertaining to the Affordable Housing Commission, codified in Chapter 2, Article Vii, Division 9, of the Code of Laws and Ordinances, by amending the required composition and membership criteria of the Affordable Housing Commission to be consistent with recent legislation enacted by the Florida Legislature HB 1375; amending Section Eight, Duties of Department Heads to correctly reference the Director of Housing and Human Services. Ordinance 2008 -17 Adopted w /staffs recommendations — 4/1 (Commissioner Coletta opposed) B. This item is to be continued to the May 13, 2008 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2007 -AR- 11723: Amy Turner and /or Tammy Turner Kipp, represented by D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Goodlette, Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) for the Vanderbilt Trust 1989 PUD, to allow a maximum of 80,000 square feet of commercial land uses and a maximum of 200 assisted and independent living facilities for persons over the age of 55 at a 0.6 floor area ratio. The property is approximately 7.8 acres and is located on the north side of Page 5 April 8 -9, 2008 Vanderbilt Beach Road, approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range 26, Collier County, Florida. C. Public Hearing for Petition CP- 2006 -1, a Growth Management Plan amendment to the Immokalee Area Master Plan and Future Land Use Map and Map Series (Transmittal Hearing) Resolution 2008 -99 transmitting amendment w /CCPC stipulations and to include a DCA or agreement regarding the transportation impact of the project — Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard on Wednesday, April 9, 2008 at 9:00 a.m., immediately following a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by Board of County Commissioners for the 5 finalists for the County Attorney position. 1) Gary Glassman — Senior Assistant Attorney, City of Tampa 2) Jeff Klatzkow — Chief Assistant Attorney, Collier County 3) Thomas Spencer — Managing Assistant County Attorney, Pinellas County 4) John Turner — Assistant County Attorney, Lee County DECISION OF THE BOARD OF COUNTY COMMISSIONERS 1) Motion for Ms. Sims and the staff of Waters - Oldani to work with the BCC Office to create a contract and to offer the County Attorney's position to Jeff Klatzkow — Approved 5/0 B. Appointment of members to the Historical /Archaeological Preservation Board. Resolution 2008 -90: Appointing Craig R. Woodward — Adopted 5/0 C. Appointment of members to the Immokalee Master Plan and Visioning Committee. Resolution 2008 -91: Appointing James Guerrero and Carrie Williams — Adopted 5/0 D. Recommendation to declare a vacancy on the County Government Productivity Committee. Resolution 2008 -92: Adopted — 5/0 Page 6 April 8 -9, 2008 E. Appointment of members to the County Government Productivity Committee. Resolution 2008 -93: Appointing James R. Gibson Jr. and Gina D. Downs — Adopted 5/0 F. Appointment of members to the Tourist Development Council. Resolution 2008 -94: Reappointing Rick Medwedeff and Murray H. Hendel and confirming the appointment of Councilman John F. Sorey for the City of Naples and confirming the appointment of Councilman Robert J. Popoff for the City of Marco Island — Adopted 5/0 G. Appointment of members to the Collier County Coastal Advisory Committee. Resolution 2008 -95: Reappointment of Murray H. Hendel (City of Naples) and Ted Forcht (Marco Island) — Adopted 5/0 H. Appointment of a member to the Forest Lakes Roadway & Drainage Advisory Committee. Resolution 2008 -96: Reappointing George E. Fogg — Adopted 5/0 I. Reconsideration of Item #1 OG from the March 25, 2008 BCC Meeting with reference to final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress Unit One (Olde Cypress PUD). (Commissioner Henning request) Motion to reconsider and bring back at the May 13, 2008 BCC Meeting — Approved 5/0 10. COUNTY MANAGER'S REPORT Continued to the 4/22/08 BCC Meeting A. This item to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners reconsider the Land Development Code Amendment addressing the calculation of the maximum number of wetslips when a shoreline is in a Conservation Easement (William D. Lorenz, Engineering & Environmental Services Director, CDES) Motion to continue to the April 22, 2008 BCC Meeting — Approved 5/0 B. Obtain direction from the Board of County Commissioners on restricting the use of remaining funds for deferral of Collier County impact fees for owner - occupied affordable housing units for FY08. (Marcy Krumbine, Housing and Page 7 April 8 -9, 2008 Human Services Director) Resolution 2008 -97 Adopted — 5/0 (Option #4) C. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $50,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of Oil Well Road, Collier Boulevard (Davis to N of GG Main Canal) & Davis Boulevard (Collier Boulevard to Radio Road); authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Norman Feder, Transportation Services Administrator) Resolution 2008 -98 Adopted — 5/0 Moved from Item #161112 D. Recommendation to approve a resolution designating a parcel of land within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. Resolution 2008 -98A Adopted — 5/0 Moved from Item #16F1 E. Recommendation to provide EMS staff direction to research and propose amendments to Section 50 -104 of the Code of Laws and Ordinances of Collier County, Florida known as the Community Automated External Defibrillator (AED) Ordinance. Motion to approve w /EMS suggestions, advertise, draft an ordinance and bring back at a future BCC Meeting — Approved 5/0 Moved from Item 16F4 F. Recommendation that the Board of County Commissioners approve an Interlocal Service Boundary Agreement with North Naples Fire Control and Rescue District for purpose of providing services to that area annexed into the City of Naples pursuant to Ordinance 07- 11886, adopted December 19, 2007, by the City, comprised of approximately 204.73 acres, located at 3880 Goodlette -Frank Road, requested by Hole in the Wall Golf Club, Inc., a Florida not- for -profit corporation (204.19 acres), and Royal Page 8 April 8 -9, 2008 Poinciana Golf Club, Inc., a Florida not - for -profit corporation (.54 acres). Approved — 5/0 Moved from Item #16A14 G. To ensure the pending issuance of a permit to erect a new ground sign meets with the intent of the Board of County Commissioners' actions on June 25, 2002 when they directed the County Manager to re- instate a sign permit for an existing ground sign currently located at 7770 Preserve Lane which had been previously revoked by staff. Motion to not approve item due to variance already existing for a sign to be anywhere on property as long as it is in compliance with code — Approved 4/1 (Commissioner Halas opposed) Motion to clarify motion — Approved 4/1 (Commissioner Halas opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Ken Thompson — problems on Becca Avenue 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: April 15th BCC /GMP Meeting schedule B. Jim Mudd: Letter from William Varian — Flood Plain Management Committee C. Jim Mudd: Input from Board regarding County Manager's attendance during the April 9`h County Attorney interviews D. David Weigel: Closed Session Meeting held on April 22 "a @ 12:00 p.m. concerning the lawsuit Bonita Media Enterprises vs. Collier County E. Commissioner Coletta: Concern surrounding the Executive Manager/ BCC Office's Disciplinary Policy regarding employee appeals — possible proposed fair treatment policy — to be brought back for consideration at a future BCC Meeting — Consensus F. Commissioner Fiala: Attendance at April 22, 2008 BCC Meeting — would not be available on the morning of the April 23, 2008 G. Commissioner Henning: Changes to the Golden Gate Community Page 9 April 8 -9, 2008 Center Advisory Committee — proposed amendment tot Ordinance H. Motion to recess meeting to April 9`h, 2008 @ 8:00 a.m. in the BCC Conference Room — Consensus April 9, 2008 I. Commissioner Fiala — Motion for Productivity Committee to review proposed legislature including sources of revenue — Approved 5/0 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 — 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Olde Cypress Tract 9 W /release of the Utilities Performance Security 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 102. W /release of the Utilities Performance Security 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra, Phase Three East - Unit One W /release of the Utilities Performance Security 4) Recommendation to approve final acceptance of the water utility facility for Mediterra, Parcel 125 W /release of the Utilities Performance Security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock with the roadway and drainage improvements being privately maintained. Resolution 2008 -81 W /release of the maintenance security 6) Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Page 10 April 8 -9, 2008 Enforcement Action entitled Collier County v. Stpetim Ramku, Case No. 2005120195 Folio #75020002204 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Stratford Place (Whippoorwill Woods PUD), the roadway and drainage improvements will be privately maintained. Resolution 2008 -82 W /release of the maintenance security 8) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 101 with the roadway and drainage improvements being privately maintained. Resolution 2008 -83 W /release of the maintenance security 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 101A with the roadway and drainage improvements being privately maintained. Resolution 2008 -84 W /release of the maintenance security 10) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Naples Motorcoach Resort, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 11) Recommendation that the Board of County Commissioners (BCC) authorize the Chairman to sign the Release and Satisfaction of Lien for a compromise and settlement of the code enforcement lien amounts, in the Code Enforcement Board action entitled Collier County v. Robert Lockhart, CEB Case No. 2004 -26 Checks in the amount of $29,575 for the outstanding code enforcement fines and $3,970.54 for Impact Fees were paid by the Title Company 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 102 with Page 11 April 8 -9, 2008 the roadway and drainage improvements being privately maintained. Resolution 2008 -85 W /release of the maintenance security 13) Recommendation to have the Board of County Commissioners approve project review and inspection fees based on actual time spent reviewing and inspecting drawings for the emergency exit /access road from I -75 into the Big Cypress Preserve proposed by the Federal Highway Administration. The exit /access is for emergency vehicles in case of emergencies and for fire - fighting at the north side of Interstate 75 at mile marker 88, approximately 8.2 miles west of interchange SR 29 Moved to Item #IOG 14) To ensure the pending issuance of a permit to erect a new ground sign meets with the intent of the Board of County Commissioners' actions on June 25, 2002 when they directed the County Manager to re- instate a sign permit for an existing ground sign currently located at 7770 Preserve Lane which had been previously revoked by staff. B. TRANSPORTATION SERVICES 1) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize carryforward in the amount of $173,986.40 and to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $333,356.82 for Project No(s). 600501, 601202 and 690822. 2) Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed limit reduction from forty -five miles per hour (45 mph) to forty miles per hour (40 mph) on Northbrooke Drive for the section 200 feet north of Millcreek Lane north to its terminus at Quail West development. Resolution 2008 -86 3) Recommendation to recognize and accept revenue for Collier Area Transit in the amount of $9,264.05 and to approve needed budget amendments. For a bus shelter that was damaged in a vehicular accident located at US 41 and 99th Street. Page 12 April 8 -9, 2008 4) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for traffic accidents in the amount of $33,871.23 and appropriate within each fund center. 5) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize the transfer of funds from several projects in the Collier County Transportation Pathways Program into Project No. 690811 for the Collier County Transportation Pathways Program in the amount of $1,015,643.81. This project is for sidewalks, pathways and bike lanes 6) Recommendation to direct Staff to bring back an amendment to Collier County Ordinance No. 97 -82, as Amended, the Bayshore Avalon Beautification Municipal Service Taxing Unit removing all references to the word Avalon from the title of the MSTU and throughout the Ordinance. 7) Recommendation to reject Bid No. 08 -5016 On -Call Landscape and Irrigation Services. 8) Recommendation to award Bid #08 -5053 Goodlette -Frank Road (Pine Ridge Road to Vanderbilt Beach Road) M.S.T.D Annual Maintenance Contract to Caribbean Lawn & Garden of SW Naples Fl, Inc. in the amount of $61,638.75 (Fund 11 I Cost Center 163860). 9) Recommendation to award Bid #08 -5054 Golden Gate Blvd. Phase 1 (951 to 29th Street SW), Phase 2 (29th Street SW to 13th Street SW) and 13th Street SW (Chicane medians) Annual Maintenance Contract to Renfroe & Jackson, Inc. in the amount of $102,470.25 (Fund 11 I Cost Center 163815). 10) Recommendation to approve a Purchase Agreement for the purchase of 0.583 acres of unimproved property, required for the six - laning of Davis Boulevard (Capital Improvement Element No. 33, Project No. 60073). Estimated fiscal impact: $125,000.00. 11) Recommendation to award Bid #08 -5055 for the Purchase and Delivery of Fertilizer to the Agriliance (dba ProSource One) and Florikan ESA Corp for the annual fertilizer providers at an estimated Page 13 April 8 -9, 2008 annual expenditure of $200,000.00. Moved to Item #lOD 12) Recommendation to approve a resolution designating a parcel of land within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. 13) Recommendation to approve an amendment to the Developers Contribution Agreement (DCA) recorded in Official Records Book 4187, Page 2310, between Waterways Joint Venture VII (Developer) and Collier County (County) to amend the closing date and define the mitigation and severance terms due to the ongoing permitting delays associated with the Davis Boulevard water management permit. 14) Approve the purchase of 2.5 acres of improved property (Parcel No. 15 10) which is required for road right -of -way for the Vanderbilt Beach Road Extension Project. Project No. 60168. ($400,800) Phase 1 is between Collier Boulevard and Wilson; Phase 2 is located between Wilson and Desoto Boulevard C. PUBLIC UTILITIES 1) Recommendation that staff be directed to advertise an amendment to Ordinance 97 -33 "Collier County Cross Connection Control Ordinance ". For the testing of backflow assemblies, and to provide for the installation, testing, repair and ownership of the assemblies 2) Recommendation to accept a Right of Entry required for access to Master Pump Station 317 at a recording cost not to exceed $10.00, Project #730841. Located at the Links of Naples (Owned by Naples Golf Development, LLC) 3) Recommendation to approve the acquisition of a 10 -foot by 213 -foot Utility Easement located at 4737 Tamiami Trail East at an estimated cost not to exceed $8,200, Project Number #730451. Along US 41 East in the vicinity of Catalina Drive; Needed for the relocation, construction and maintenance of wastewater and irrigation quality water pipelines Page 14 April 8 -9, 2008 4) Recommendation to approve a Utility Easement required for Master Pump Station #304 at East Naples Community Park at a recording cost not to exceed $27.00, Project #739701. To build a spill containment area D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Beatrice Louimare and Lutherken Louimare (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 111, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jonel Senat and Micheline Senat (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 25, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean - Jacques Seide and Marie Seide (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 48, Trail Ridge, East Naples. Impact Fee deferral in the amount of $12,442.46 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Jouissance (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 179, Trail Ridge, East Naples. Impact Fee deferral in the amount of $12,442.46 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roger Bolivar and Lomene Bolivar (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 177, Trail Ridge, East Naples. Page 15 April 8 -9, 2008 Impact Fee deferral in the amount of $12,442.46 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Melissa Scott (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 113, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ulrick Liberus (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 56, Trail Ridge, East Naples. Impact Fee deferral in the amount of $12,442.46 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sueko Nakasone Holland (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 106, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Marlene Rocher (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 37, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jesumene Jules (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 54, Trail Ridge, East Naples. Impact Fee deferral in the amount of $12,442.46 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raye Lloyd and Avril Carr (Owners) for deferral of 100% of Collier County Page 16 April 8 -9, 2008 impact fees for an owner- occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1406, North Naples. Impact Fee deferral in the amount of $19,411.94 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Babett Moser (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1401, North Naples. Impact Fee deferral in the amount of $17,104.22 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cidouane Bazile and Edrine Andre (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 105, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.46 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miss Denie Charles and Jean Fortilus (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 55, Trail Ridge, East Naples. Impact Fee deferral in the amount of $12,442.46 Motion to reconsider — Approved 5/0; Continue to April 22, 2008 BCC Meeting — Approved 5/0 15) Recommendation to approve and execute a Lease Agreement with Goodwill Industries of Southwest Florida, Inc. for space to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts Center, located at 905 Roberts Avenue in Immokalee for an annual cost of S 12,000. The cost of this rental will be paid from Older Americans Act grant funding. For seniors to receive a nutritional meal, socialize and participate in group activities and receive information on healthy lifestyles and nutritional education 16) Recommendation to approve a request by the Marco Island Historical Society to name in perpetuity the new County -owned museum to be constructed on Marco Island as the Marco Island Historical Museum. Page 17 April 8 -9, 2008 Located on Section 16, Township 52, Range 26, Marco Beach Unit 7, Tract D, Marco Island 17) Recommendation that the Board of County Commissioners accept and approve a Federally- Funded 2005 Supplemental Disaster Recovery Subgrant Agreement with the Florida Department of Community Affairs in the amount of $2,814,698.15, approve an associated budget amendment to implement the Supplemental Disaster Recovery Initiative programs, and adopt a Resolution authorizing the Chairman to sign the Agreement and authorizing the County Manager or his designee to submit required reports or other documents which are solely ministerial in nature. Resolution 2008 -87 18) Recommendation to waive the formal bid process and authorize an agreement with the Pepsi Cola Bottling Company of Naples for a period of 18 months for beverage service for North Collier Regional Park. ($45,000) For concession at the following locations: Sun -N -Fun Lagoon, the Soccer Complex and the Softball Complex 19) Provide the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 20) Recommendation to approve a Budget Amendment moving $106,500 from the General Fund Appropriation for Property Insurance Premiums to Library Operating Budgets in the Public Services Division. Elimination of 14 long -time, part -time Library Assistant positions is planned to meet a budget target E. ADMINISTRATIVE SERVICES 1) Recommendation to approve change order No. 2 to work order No. PBS -FT- 3971 -07 -16 with Professional Building Systems (PBS) for the Primary Data Center project. ($5,762.70) Due to changes in the suppression system design Page 18 April 8 -9, 2008 2) Recommendation to approve a Lease Agreement with Sub - Carrier Communications, Inc., for antenna space needed for the County SafePoint Location System, a component of the County's 800 MHz public safety radio network, at a first years rent cost of $3,600. 3) Request for the Board to waive the competitive quotation process and allow payments to Sunshine Pharmacy for prescription medication to medically needy clients in the Social Services Program for a total not to exceed $50,000. Most clients are frail elderly on fixed or little to no income and chronically ill 4) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. For the period of February 22, 2008 through March 21, 2008 5) Recommendation to approve and execute documents necessary for the conveyance to Florida Governmental Utility Authority of water and wastewater utility facilities located at the Golden Gate Library, at a cost not to exceed $200, Project #54261 -1. F. COUNTY MANAGER Moved to Item #10E 1) Recommendation to provide EMS staff direction to research and propose amendments to Section 50 -104 of the Code of Laws and Ordinances of Collier County, Florida known as the Community Automated External Defibrillator (AED) Ordinance. Would need to be advertised 2) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Farm Worker Village To provide a guideline and coordinate relief efforts at the time of a disaster 3) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50150) Grant from the Florida Division of Forestry for the purchase of wildland firefighting equipment and protective clothing, Page 19 April 8 -9, 2008 and approval of necessary budget amendments. ($4,784) For the Isles of Capri Fire Rescue Department Moved to Item #10F 4) Recommendation that the Board of County Commissioners approve an Interlocal Service Boundary Agreement with the North Naples Fire Control and Rescue District for purposes of providing services to that area annexed into the City of Naples (City) pursuant to Ordinance 07- 11886, adopted December 19, 2007, by the City, comprised of approximately 204.73 acres, located at 3880 Goodlette -Frank Road, as requested by Hole in the Wall Golf Club, Inc., a Florida not - for - profit corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a Florida not - for - profit corporation (54 acres). G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to revoke a Site Improvement Grant Agreement 04/2007 between the CPA and Luis Fonseca and Idalia Alvarado due to applicants failure to meet terms of the agreement. (Site address: 3095 Linwood Avenue) CRA Resolution 2008 -88 2) Recommendation for the Community Redevelopment Agency to approve an Agreement with Florida Power and Light (FP &L) for the installation and service of lights on existing power poles south of Thomasson Drive along the Bayshore Drive corridor; authorize the CRA chairman to execute the Agreement on behalf of the Board; approve and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for the costs of installation and associated monthly fees. (Fiscal Impact $10,250.00 over 10 years). H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose to attend the Glenn Tucker Appreciation Reception Tuesday, March 25, 2008 at the Marco Island Yacht Club. $25.00 to be paid from Commissioner Fiala's travel budget. Page 20 April 8 -9, 2008 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She will be attending the Naples Botanical Garden Grey Oaks Tour and Luncheon Wednesday, May 14, 2008 at the Naples Botanical Garden. $40.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She attended the East Naples Civic Association Luncheon Thursday, March 20, 2008 at Carrabba's. $21.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She attended the Riviera Ladies Luncheon Wednesday, March 19, 2008 at the Riviera Golf Estates Club House. $7.50 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 15, 2008 through March 21, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 22, 2008 through March 28, 2008 and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners recognize the final disposition of funds collected under Ordinance 04 -42 by the Clerk of Courts to fund the Collier County Juvenile Assessment Center Agreement with the David Lawrence Center. K. COUNTY ATTORNEY Page 21 April 8-9, 2008 1) Recommendation to reject the Offers of Judgment to the County in the lawsuit styled CC v. Edward Stanely Sanditen, et al., Case No. 02- 5165-CA (Immokalee Road Project No. 60018) 2) Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v. Charles R. Wilson, et al., Case No. 02- 5164 -CA (Immokalee Road Project No. 60018) 3) Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v. Juan Ramirez, et al., Case No. 02- 5166 -CA (Immokalee Road Project No. 600 18) 4) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the Collier County v. Jorge B. Echezarraga, et al., Case No. 07- 3278 -CA, Oil Well Road Project #60044. (Fiscal Impact: $5,350.00). 5) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 169RDUE in the Collier County v. Jose Munoz, et al., Case No. 07- 2823 -CA, Oil Well Road Project #60044. (Fiscal Impact: $4,050.00). 6) Recommendation to approve settlement from Defendant, D.N. Higgins, Inc. and Dillard Smith, Construction Company, in the lawsuit entitled BCC vs. Florida Power & Light Company, et al., filed in the Twentieth Judicial Circuit, Florida, Case No. 07- 2683 -CA, for $13,500. 7) 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 $165,000.00 for the acquisition of Parcels 108FEE and 108TCE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et al., Case No. 07- 4335 -CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $82,700.00) 8) 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 Page 22 April 8 -9, 2008 of $260,350.00 for the acquisition of Parcels 107FEE, 107TCE and 109FEE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et al., Case No. 07- 4335 -CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $74,000.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item was continued from the March 25, 2008 BCC Meeting?. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to Fiscal Year 2007 -08 Adopted Budget. Resolution 2008 -89 18. ADJOURN Approved on April 9, 2008 — 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 23 April 8 -9, 2008 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 8, 2008 Continue Item 6B to the April 22, 2008 BCC meeting: Public petition request by James Walker to discuss impact fees for a commercial site in Immokalee, FL. (Petitioner's request.) Item 8A: Under Staff Recommendation, it should read, " .... to include (rather than included) an additional two members and designate (rather than designated) membership ....." (Commissioner Fiala's request.) Add On Item 4F: Proclamation designating April 13 -19, 2008 as "National Telecommunicator's Week ". To be accepted by Commander Bill Rule. (Staff s request.) Move 16B12 to 10D: Recommendation to approve a resolution designating a parcel of land within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. (Commissioner Fiala's request.) Item 16B14: The title on the index of this item shows the dollar amount as $400,000. The correct amount as shown on the executive summary is $400,800. (Staffs request.) Item 16D17: Page 39 of 57, Project Work Plan #3, the Project Budget dollar amount should be $1,438,257.21, rather than $1,336,257.21. (Staffs request.) Move Item 16F1 to 10E: Recommendation to provide EMS staff direction to research and propose amendments to Section 50 -104 of the Code of Laws and Ordinances of Collier County, Florida known as the Community Automated External Defibrillator (AED) Ordinance. (Commissioner Henning's request.) Time Certain Items: Item 9A to be heard on Wednesday, April 9, 2008 at 9:00 a.m., immediately following a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by Board of County Commissioners for the 5 finalists for the County Attorney position. Item 10A to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners reconsider the Land Development Code Amendment addressing the calculation of the maximum number of wet slips when a shoreline is in a Conservation Easement. PROCLAMATION 144 WHEREAS, we have been endowed not only with the blessings and benefits of our animal companions who give us friendship and great pleasure in our daily lives, but also with a firm responsibility as their guardians, to provide for their needs and ensure their well - being; and, WHEREAS, we realize that watching over these animals, who are wholly dependent on us, means providing more than food and shelter, but also protection from dangers such as traffic, extreme weather, and violent crime and, therefore, must take action to ensure that they do not become lost or separated from us, their guardians; and, WHEREAS, we recognize that as human beings, we have the power to communicate with spoken and written language, while the animals we look after do not, and thus it is our responsibility to guarantee our animal companions a voice in our absence; and, WHEREAS, providing identification - in the form of an ID tag, license tag, microchip or tattoo - is the only way to give our companion animals a voice should they become lost, and, WHEREAS, the welfare of the animals in our community is the undertaking of all pet guardians and animal lovers, advocating for the widespread use of ID tags and other forms of identification will provide them with a voice should they be without the protection of their human guardians. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that April 8, 2008 begins Collier County's recognition that Every Day is Tag Day and we do heartily encourage full participation of all our citizens in the events related thereto in this community. DONE AND ORDERED THIS 8th Day of April, 2008 ATT ST: DWI E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING, PROCLAMATION 4B WHEREAS, 23 million Americans are victims of crime each year, and of those, 5.Z million are victims of violent crime; and, WHEREAS, a just society acknowledges crime's impact on individuals, families, and communities by ensuring that rights, resources, and services are available to help rebuild lives; and, WHEREAS, victims' rights are a critical component of the promise of 'Justice for all, " the foundation for our system of justice in America; and, WHEREAS, although our nation has steadily expanded rights, protections, and services for victims of crime, too many victims are still not able to realize the hope and promise of these gains; and, WHEREAS, we must do better to ensure services are available for underserved segments of our population, including crime victims with disabilities, victims with mental illness, victims who are elderly, victims in rural areas; and, WHEREAS, observing victims' rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities, and promoting confidence in public safety, and, WHEREAS, America recognizes that we make our homes, neighborhoods, and communities safer and stronger by serving victims of crime and ensuring justice for all; and, WHEREAS, our nation must strive to protect, expand, and observe crime victims' rights so that there truly is justice for victims of crime and ensuring justice for all; and, WHEREAS, National Crime Victims' Rights Week, April 13 -19, 2008, provides an opportunity for us to strive to reach the goal of justice for all by ensuring that all victims are afforded their legal rights and provided with assistance as they face the financial, physical and psychological impact of crime, and, WHEREAS, the Board of County Commissioners is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout Collier County and America to raise awareness about victims' rights and observe the 28th National Crime Victims' Rights Week. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 13 -19, 2008, be designated as National Crime Victims' Rights Week and reaffirm Collier County's commitment to respect and enforce victims' rights and address their needs during National Crime Victims' Rights Week and throughout the year; and express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivation force to improve our response to victims of crime and build a more just community. DONE AND ORDERED THIS 8th Day of April, 2008. ATTEST: / �• Al BOARD OF COUNTY COMMISSIONERS COLLIER COUNT, FLORIDA PROCLAMATION NC WHEREAS, each year 1.2 million Americans suffer a new and recurrent coronary attack, and cardiovascular disease is the nation's leading cause of death with direct and indirect costs estimated to be $448.5 billion in 2008; and, WHEREAS, more physical activity can help improve these statistics; and, WHEREAS, adults may gain up to two hours of life expectancy for every hour of regular, vigorous exercise; and, WHEREAS, in addition to increased life expectancy, regular walking has many proven benefits for an individual's overall health. Brisk walking for at least 30 minutes a day can lower both bad cholesterol (LDL) levels and high blood pressure. It can also help individuals who are overweight achieve and maintain weight loss, and reduce their risk of stroke; and, WHEREAS, the Centers for Disease Control and Prevention estimate that physically active people save $330 per year in direct medical expenditures; and WHEREAS, on National Startl Walking Day, April 16, 2008 the American Heart Association's Startl Movement calls on all citizens of Collier County to walk at least 30 minutes today; and, WHEREAS, the purpose behind National Startl Walking Day is to get Americans to become more physically active by walking and urge all citizens to show their support for walking and the fight against heart disease and commemorate this day by walking at work. By increasing awareness of the importance of physical activity to reduce the risk for cardiovascular disease, thousands of lives can be saved each year. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 16, 2008, be designated as National Startl Walking Day DONE AND ORDERED THIS 8th Day of April, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA r'- 4 - � . TOM HENNI46, CHAkNMA ATTEST: PROCLAMATION Leo WHEREAS, according to the U.S. Department of Justice, in a one -year period, an estimated 1.6 million children either ran away from or were thrown out of their homes, and, WHEREAS, an estimated 40,000 of these children will be involved in some form of sexual exploitation and victimization by predators; and, WHEREAS, many child victims of prostitution are abandoned or neglected children who have not been reported missing to law enforcement or have run away from their homes or foster care, and, WHEREAS, the average age at which a child enters into prostitution is 14 years old, however, children as young as 9 years old are being exploited, and, WHEREAS, though the prostitution of female children is more widely publicized, male children are also susceptible to the same dangers as females in this world of exploitation; and, WHEREAS, the dangers that children face as a result of prostitution are both immediate and long -term. Most immediate is the physical, mental, and emotional violence that these once innocent children experience; and, WHEREAS, housing stability, poverty, untreated psychological and emotional problems, substance abuse, educational and vocational failure and major problems at home have all been cited as common precipitating factors in the lives of exploited children; and, WHEREAS, the National Association of Counties (NACo) and the National Center for Missing and Exploited Children (NCMEC) have partnered for a national campaign to promote child safety and help prevent the sexual exploitation of children; and, WHEREAS, the national campaign is being launched here in Collier County to heighten the public awareness of child sexual exploitation and help give communities across the United States effective strategies and tools to better safeguard their children; and, WHEREAS, local communities are requested to join in demonstrating their commitment to protecting children and to send a clear message to child sexual offenders that the criminal and sexual victimization of children will not be tolerated. NOW THEREFORE, be it proclaimed that the Collier County Board of County Commissioners hereby joins with the National Association of Counties (NACo) and the National Center of Missing and Exploited Children (NCMEC) to initiate a campaign dedicated to preventing sexual exploitation of children. DONE AND ORDERED THIS 8th Day of April, 2008. ATTEST: OWI6HT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER�OUNTY FLORIDA PROCLAMATION 4E WHEREAS, a sound natural environment is the foundation of a healthy society and a robust economy; and, WHEREAS, local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing issues such as energy use, transportation, and waste prevention; and, WHEREAS, the environmental realities of our time require humans to make a dramatic shift in our relationship to the earth; and, WHEREAS, the citizens of Collier County have the opportunity to join millions of people around the world in making a positive difference in reducing water and air pollution, conserving resources and saving energy by recycling and buying recycled products; and, WHEREAS, the Public Utilities Division's Solid Waste Management and Utility Billing d Customer Service Departments, under the direction of the Collier County Board of County Commissioners, have worked diligently to develop a multifaceted recycling program as a way to preserve valuable landfill space and conserve natural resources; and, WHEREAS, the Public Utilities Division's Pollution Control d Prevention Department proactively plans, develops, and efficiently implements programs that protect the safety, health, and welfare of the community and its environment through the protection of Collier County's groundwater, freshwater, surface water and other water resources from all sources of pollution. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 22, 2008, be designated as Earth Day in Collier County DONE AND ORDERED THIS 8th Day of April, 2008. ATTEST. / . OW1611 E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PROCLAMATION 4F WHEREAS, the third week in April, 2008 has been declared "National Public Safety Communications Week" by the Senate and House of Representatives of the United States of America; and, WHEREAS, the President of the United States will issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities; and, WHEREAS, emergencies can occur at any time that require law enforcement, fire or emergency medical services, and, WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and, WHEREAS, Public Safety Dispatchers are the single vital link for Emergency Services personnel, and, WHEREAS, Public Safety Dispatchers of the Collier County Sheriff's Office have directly contributed to the apprehension of criminals, suppression of fires, and treatment of patients; and, WHEREAS, the Collier County Sheriff's Office Public Safety Dispatchers continually exhibit compassion, understanding, and professionalism during the performance of their assignments. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 13'" through April 19'", 2008, be designated as National Telecommunicator's Week DONE AND ORDERED THIS 8th Day of April, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM PROCLAMATION WHEREAS, the Collier County Extension Services Department, also known as the University of Florida Institute For Food and Agriculture Science, has a responsibility to relate university based research for local solutions for county residents in the fields of agriculture, youth development, natural resources, food safety and nutrition, and Marine Science; and, WHEREAS, Cathy Feser, the Urban Horticulture Extension Educator, has successfully run educational programs to address the care, maintenance, proper landscape practices, and the use of Best Management Practices in landscapes and gardens; and, WHEREAS, Cathy Feser's program involves the recruitment, educational instruction, management, and coordination of the Certified Volunteer Master Gardener Volunteer program; and, WHEREAS, Cathy Feser's educational program is responsible for the Florida Yards and Neighborhoods Program's increased emphasis on new and developing residences and housing complexes within Collier County, and, WHEREAS, Cathy Feser's innovative outreach program provides the Florida Yards and Neighborhoods Yard Advisor training for Master Gardeners that enables vahinteers to assist in evaluating landscapes and to provide consultation on the selection of native and drought tolerance plants; and, WHEREAS, Cathy Feser has been selected as one of the best horticultural educators in the Florida Extension Services System for 2008 and with this selection Feser will be one of the keynote speakers at the 2008 EPCOT International Flower and Garden Festival to be held in Orlando, Florida from April 7 through May 22, 2008. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Cathy Feser be recognized for her outstanding educational efforts that directly help the citizens of Collier County. DONE AND ORDERED THIS 8th Day of April, 2008. ATTEST: DWI T E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COU,/4TY, FLORIDA TOM HENNING, 5A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: �O'.,1.1Z% • n�u Originating Dept/ Div: Housing and Fluman Services Person: Frank Ramsey Petition No. (If none, give brief description): Amend Ordinance to abide by newly passed Florida legislation Petitioner: (Name & Address): Housing and Human Services — 3301 E. Tamiami Trail, Naples, FL 34112 Date: 3/12/08 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Frank Ramsey — 330I E Tamiami Trail, Naples, FL 34112 (Housing and Human Services, Building H, Suite 211) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing) — M ; , 0 8�j Q I CTti" ' " Newspaper(s) to be used: (Complete only if important): ❑ Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common Location & Size): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 91 -65, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION ", IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS ", TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 1 11- 138759- 649030 - 000000 Reviewed Z a inistrator r Desi nee Date List Attachments: A. For hearings before BCC 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 Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S O FIC SE ONLY: j� �j Date Received: f Date of Public hearing: 1 T':�IJC Date Advertised: _� �� ORDINANCE NO. 2008- 8A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION," IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS," TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Commission ( "Commission "); codified as Chapter 2, Article VIII, Division 9 of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04 -77 and 05- 69; and WHEREAS, in 2007, the Florida Legislature amended Section 420.9076, Florida Statutes, as it relates to the Affordable Housing Advisory Committee, by increasing the required membership and revising membership criteria; and WHEREAS, the Board of County Commissioners desires to amend Ordinance 91 -65, as previously amended, to provide consistency with these revised statutory provisions and amend Section 8 of the Ordinance, "Duties of Department Heads," to correctly reference the Director of Housing and Human Services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section Two of Collier County Ordinance No. 91 -65, as amended, is hereby amended to read as follows: SECTION TWO. Appointment and Composition. A. The Commission shall be composed of nine (9) eleven (11) voting members and one (1) Alternate member, of which the Board of County Commissioners shall appoint eight nine 9 members, including the Alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The Naples City Council shall appoint two members. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The Commission shall be eamprised composed of members from the County -at- large, the City of Naples -at- large, the devalepma s ^^mmunity , affordable housing —providers, fiiianeial isti....:,.... the legal fession a real „ and shall be comprised as follows: Words Underlined are added; Words Stpaek- it i are deleted. Page 1 of 3 (1) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (2) One citizen who is actively gaged in the banking or �J mortgage banking industry in connection with affordable housing, (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is actively engaged as an advocate for low - income persons in connection with affordable housing. (5) One citizen who is actively engaged as a for - profit provider of affordable housing. (6) One citizen who is actively engaged as a not- for -profit provider of affordable housing. (7) One citizen who is actively engaged as a real estate professional in connection with affordable housing (8) One citizen who actively serves on the local planning agency pursuant to Section 163.3174, Florida Statutes (9) One citizen who resides within the jurisdiction of the local governing body making the he appointments (10) One citizen who represents employers within the jurisdiction. (11) One citizen who represents essential services personnel as defined in the local housing assistance plan B. Members of the Commission appointed by the Board of County Commissioners shall serve at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Commission shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. SECTION TWO. Section Eight of Collier County Ordinance No. 91 -65, as amended, is hereby amended to read as follows: Sec. 2 -973. Duties of department heads. The duties of the Director of Housing and Human Services e^ °••r Ruppert and how diriLtef and the Naples Community Development Director, or their designees, shall be: (1) To administer the activities of the affordable housing commission in accordance with established policies of the board of county commissioners and the Naples City Council and guidelines adopted by the board and the council. Words Underlined are added; Words Sti-delc Through are deleted. Page 2 of 3 Iff (2) To provide periodic written reports to the commission, the county administrator, the city manager, the Naples City Council and the Board of county commissioners on the growth management plan of each jurisdiction. (3) To attend all commission meetings. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. 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 shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk 11: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Appr ved as to form and legal uffi 'en Jeffre Clat ow Chief ssistant' ounty Attorney TOM HENNING, Chairman Words Underlined are added; Words Struck Thfough are deleted. Page 3 of 3 Teresa L. Polaski From: RamseyFrank [FrankRamsey @colliergov.net] Sent: Friday, March 14, 2008 1:22 PM To: Teresa L. Polaski Subject: RE: Let me check. Thanks Frank "Buddy" Ramsey Housing Manager Phone: 403 -2336 Fax: 530 -6542 From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Sent: Friday, March 14, 2008 10:27 AM To: RamseyFrank Subject: Page 1 of 1 Thanks for dropping off the advertising for youe Ordinance but it would have needed to run today to make it for the march 25 meeting. We would have needed it before Tuesday to send to Naples Daily News. Our deadline to get it to them is 4pm on Tuesdays. Do you want it to run for the April 8th meeting? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski @collierclerk.com) 3/14/2008 Page 1 of 1 8A Teresa L. Polaski From: RamseyFrank [FrankRamsey @colIiergov.net] Sent: Friday, March 14, 2008 3:05 PM To: Teresa L. Polaski Cc: KrumbineMarcy Subject: RE: Good afternoon Teresa Can you please advertise this for the April 8th meeting? Thanks and have a nice weekend. Frank "Buddy" Ramsey Housing Manager Phone: 403 -2336 Fax: 530 -6542 From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Sent: Friday, March 14, 2008 10:27 AM To: RamseyFrank Subject: Thanks for dropping off the advertising for yout Ordinance but it would have needed to run today to make it for the march 25 meeting. We would have needed it before Tuesday to send to Naples Daily News. Our deadline to get it to them is 4pm on Tuesdays. Do you want it to run for the April 8th meeting? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Tereso.Polaski @col lierclerk.com) 3/14/2008 Teresa L. Polaski To: Ramsey, Marla Subject: Housing and Human Services Ad Hi, Frank Ramsey dropped off the advertising for this ad today and I tried contacting after he left, but still have not heard from him. The ad (Amended Ordinance to abide by newly passed Florida Legislation) he dropped off was for the March 25th meeting. That ad would have needed to run in TODAYS Naples Dailey News. We would have needed it before Tuesday to have it run today. Needless to say it will not be advertised in time for the 25th. Do you want it to be advertised for the next meeting -April 8th? I will wait to here from you before processing it. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Tereso.Polaski @co I lierclerk.com) Housing and Human Services Ad Teresa L. Polaski From: KrumbineMarcy [MarcyKrumbine @colliergov.net] Sent: Friday, March 14, 2008 3:09 PM To: Teresa L. Polaski Cc: Ramsey, Marla Subject: RE: Housing and Human Services Ad Page 1 of 1 Thank you, Teresa. Please move it to the April 8th BCC meeting. I know Buddy checked on when that had to be advertised and your office said 10 days but we didn't quite get the "few days before" message. Marcy Krumbine Marcy Krumbine,MPA Collier County Director Housing and Human Services 239.252.CARE (2273) 239.252.HOME (4663) 239.252.8442 - phone 239.252 -2638 - fax marcykrumbine @colliergov..net The Ilea? / 0/ Collier County.... From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Sent: Friday, March 14, 2008 1:05 PM To: ramsey_m Cc: KrumbineMarcy Subject: Housing and Human Services Ad Hi, Frank Ramsey dropped off the advertising for this ad today and I tried contacting after he left, but still have not heard from him. The ad (Amended Ordinance to abide by newly passed Florida Legislation) he dropped off was for the March 25th meeting. That ad would have needed to run in TODAYS Naples Dailey News. We would have needed it before Tuesday to have it run today. Needless to say it will not be advertised in time for the 25th. Do you want it to be advertised for the next meeting -April 8th? I will wait to here from you before processing it. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Tereso.Polaski@co II ierclerk.com) 3/14/2008 n ally 9 March 17, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending the Affordable Housing Ordinance Dear Legals: Please advertise the above referenced notice on Friday, March 28, 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./Account # 111-138759-649030 Im NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 8, 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 Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION," IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS," TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 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 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) • 1 Teresa L. Polaski To: legals @naplesnews.com Subject: Amending the Affordable Housing Ordinance Attachments: Amending Affordable Housing Ordinance.doc; Amending Affordable Housing Ordinance.doc Legals, Please advertise the following on Friday, March 28, 2008. Thanks i Amending fordable Housing Or Amending Fordable Housing Or Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski@collierclerk.com) �K Teresa L. Polaski From: postmaster @collierclerk.com Sent: Monday, March 17, 2008 9:33 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT116963.txt; Amending the Affordable Housing Ordinance ATT116963.bxt Amending the (231 B) Affordable Housin... 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 Amending the Affordable Housing Ordinance Teresa L. Polaski From: Regel, Dagmar [DRegel @Naplesnews.com] Sent: Monday, March 17, 2008 11:28 AM To: Teresa L. Polaski Subject: RE: Amending the Affordable Housing Ordinance got it, thank you From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Posted At: Monday, March 17, 2008 9:33 AM Posted To: Legals - NDN Conversation: Amending the Affordable Housing Ordinance Subject: Amending the Affordable Housing Ordinance Legals, Please advertise the following on Friday, March 28, 2008. Thanks Page I of 1 A <<Amending Affordable Housing Ordinance.doc>> <<Amending Affordable Housing Ordinance.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Tereso.Polaski@co I lierclerk.com) 3/17/2008 Th.Th, NAPLES DAILY NEWS Published Daily Naples, FL 34102 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 Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida. distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper t time in the issue On March 28" 2008 giant further says that the said Naples Daily News is a newspaper Published at Naples, in collier county, Florida and that the said newspaper has her -tofore been continuously published in said Collier County, Florida- distributed in Collier and Fee counties of Florida, each day- and has been entered as second class mail matter at the post office in Naples in said Collier County, Florida, for a period of I year next preceding the first publication oflhealtached copy or advertismnenC and attiant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 28 ". Day Of March 2008 _ nGA&-6 (Si ture tary blic) RE, 0120I NOTICE OP PUSLIO NEARING Notice Is hereby tilt the Board of County CortxhonrTwrs o�CSOmv will hold a public ar Na�PIMBMmryapd mp33�0(1�qp Wq yaTaarn A.M. ThetWf Wtite propgfetlOtllAl ante is K�f6 It A.M. NOTE All persons W�1�gp to speak on apentla Item must reptsror Wtt11:Fhe County Atlm nlstretor prior to probematlon of hem to be ao- mlmrtes on anY Item. MkCtian of an IntlNWUaI to speak on . behalf of an or�nlzsll=1 a Grou Is anwuraoed N recognized pm Chair a s K- geperson for a groupp or aofpqenlzatton may be a to 10 minutes to speaR onmaem. P! W M. WtGtell ormanUsr�l -. spyro��atI ptbno NkqpN,, be s d saretr�dars Mtar io tl»� Eo3ltl Ali IN b a useed IpamNna=m"I'Aardial. Nn ru- info %the MY:.wgllla. rr�MOd a rd tln fpm #tl# a verbs It m recot� e" 0000 which the appeal is hang. ' JJDf , i FE1 59- 2578327 ]'roU RE, 0120I NOTICE OP PUSLIO NEARING Notice Is hereby tilt the Board of County CortxhonrTwrs o�CSOmv will hold a public ar Na�PIMBMmryapd mp33�0(1�qp Wq yaTaarn A.M. ThetWf Wtite propgfetlOtllAl ante is K�f6 It A.M. NOTE All persons W�1�gp to speak on apentla Item must reptsror Wtt11:Fhe County Atlm nlstretor prior to probematlon of hem to be ao- mlmrtes on anY Item. MkCtian of an IntlNWUaI to speak on . behalf of an or�nlzsll=1 a Grou Is anwuraoed N recognized pm Chair a s K- geperson for a groupp or aofpqenlzatton may be a to 10 minutes to speaR onmaem. P! W M. WtGtell ormanUsr�l -. spyro��atI ptbno NkqpN,, be s d saretr�dars Mtar io tl»� Eo3ltl Ali IN b a useed IpamNna=m"I'Aardial. Nn ru- info %the MY:.wgllla. rr�MOd a rd tln fpm #tl# a verbs It m recot� e" 0000 which the appeal is hang. ' ORIGINAL DOCUMENTS CHECKLIST & ROUTINGr , q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 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 OITce. The completed routing slip and original documents are to be forwarded to the Board Oflice 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 Chairman's signature, draw a line through routine lines # 1 through #4, complete the checklist. and forward to Sue Filson !line #51 Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate. (Initial) Applicable) 2. 4 -08 -08 Agenda Item Number 8 -A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, Chief Asst. CA County Attorney JAK 5. Sue Filson, Executive Manager Board of County Commissioners Attached 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending in C approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the even( 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 signanue are to he delivered to the BC 'C offceonly after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 8492 Contact appropriate. (Initial) Applicable) Agenda Date Item was 4 -08 -08 Agenda Item Number 8 -A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance , Number of Original One Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I- Forms/ County Forms/ BCC Forms/ Original Documents Routing Shp W WS Oruimal 9 03 04, Rcv Tsai 1 21) 05, Revised 2.24.05 07- PUB - 00024/6 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK 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 initiated by the County Attorney's JAK 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 of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK 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! 6. The document was approved by the BCC on 4 -08 -08 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I- Forms/ County Forms/ BCC Forms/ Original Documents Routing Shp W WS Oruimal 9 03 04, Rcv Tsai 1 21) 05, Revised 2.24.05 07- PUB - 00024/6 1 8 A � ORDINANCE NO. 2008- 17 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -65, AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION ONE TO RENAME THE AFFORDABLE HOUSING COMMISSION TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE; BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION," IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS," TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91 -65, establishing the Collier County Affordable Housing Commission ( "Commission "); codified as Chapter 2, Article VIII, Division 9 of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04 -77 and 05- 69; and WHEREAS, in 2007, the Florida Legislature amended Section 420.9076, Florida Statutes, as it relates to the Affordable Housing Advisory Committee, by increasing the required membership and revising membership criteria; and WHEREAS, the Board of County Commissioners desires to amend Ordinance 91 -65, as previously amended, to provide consistency with these revised statutory provisions, to change the name of the Commission to the Affordable Housing Advisory Committee, as such committee is referred to in the Statute; and amend Section Eight of the Ordinance, "Duties of Department Heads," to correctly reference the Director of Housing and Human Services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 91 -65, as amended, is hereby amended to read as follows: SECTION ONE. Creation of the Affordable Housing Advisory Committee Commission. The Affordable Housing Advisory Committee (hereinafter referred to as the "Committee " :r is hereby created. SECTION TWO. Appointment and Composition. A. The Committee mar, shall be composed of nine (9) eleven voting members and one (1) Alternate member, of which the Board of County Commissioners shall appoint eight nine 9 members, as well as ifie1Hding the Alternate member, twe of which must live in the Rural A «e,, (East of Galli... Words Underlined are added; Words Strums 'Through are deleted. Page I of 5 WKE Beelevard), and one of these which must be a resident of Immokalee. The Naples City Council shall appoint two members. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The Committee Commission shall be eamprised composed of members from the County -at- large, the City of Naples -at- large, the Elevelopment eammun4y, hR- sing provider-s' gl ng6t - tion.. the legal ..,. e sion and realters and shall be comprised as follows: 1) One citizen who is actively engaged in the residential home building industry in connection with affordable housing (2) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. (5) One citizen who is actively engaged as a for - profit provider of affordable housing. (6) One citizen who is actively engaged as a not - for - profit provider of affordable housing. (7) One citizen who is actively engaged as a real estate professional in connection with affordable housing (8) One citizen who actively serves on the local planning agency pursuant to Section 163.3174, Florida Statutes. (9) One citizen who resides within the jurisdiction of the local og verntrn� body making thappointments. (10) One citizen who represents employers within the jurisdiction. (11) One citizen who represents essential services personnel, as defined in the local housing assistanceplan. B. Members of the Committee Commission, appointed by the Board of County Commissioners shall serve at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Committee Commission shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. SECTION THREE. Terms of office. Words Underlined are added; Words °t- ek Through are deleted. Page 2 of 5 84 The initial terms of office of the Affordable Housing Advisory Committee Commission members shall be as follows: A. The Board of County Commissioners shall appoint: 1) Two members to serve for one year. 2) One member to serve for two years. 3) Four members to serve for three years. B. The Naples City Council shall appoint: I ) Two members to serve for three years. Thereafter, each appointment or reappointment shall be for a term of three years. A member of the Committee semmission may be reappointed by the Board of County Commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee eommission shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal from office; failure to attend meetings. A. Any member of the Affordable Housing Advisory Committee eeaAFAission may be removed from office, with or without cause, by a majority vote of the governing body appointing said member. B. If any member of the Committee ea.; mission fails to attend two (2) consecutive Committee commission meetings without a satisfactory excuse or if a member is absent from more than one -half of the Committee's meetings in a given fiscal year, the Committee eemmissien shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners or the Naples City Council, as applicable. SECTION FIVE. Officers; quorum; rules of procedure. A. Annually the membership of the Affordable Housing Advisory Committee eammissiee shall elect a chairman and vice - chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. B. The presence of six fi-ve or more members shall constitute a quorum of the Committee eeffifnissien necessary to take action and transact business. In addition, an affirmative vote of six €ive or more members shall be necessary in order to take official action, regardless of whether six €we or more members of the Committee eemmission are present at the meeting. C. The Committee eessien shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Words Underlined are added; Words Straek Threegh are deleted. Page 3 of 5 8 q, Committee eommission minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners and the Naples City Council. D. All Committee commission meetings shall be open to the public. SECTION SIX. Reimbursement of expenses. Members of the Affordable Housing Advisory Committee eammission shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of both the Board of County Commissioners and the Naples City Council. SECTION SEVEN. Functions, powers and duties. The functions, powers and duties of the Affordable Housing Advisory Committee Commission shall be as follows: (1) The Committee eommission shall monitor and advise the Board of County Commissioners and the City Council regarding the goals, objectives, and policies of the County's housing element in the County's Growth Management Plan and the City's Comprehensive Plan, and any other program, means, or directives which would assist or encourage the provision of affordable housing in Collier County and its municipalities. (2) The Committee ea.; missien shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the housing element of the Growth Management Plan of Collier County. (3) The Committee ommission shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council, as appropriate. (4) The Committee eafnFa ission shall review and comment on the County's federal entitlement grant programs, policies, and proposals. (5) The Committee eemmission shall receive a presentation from all applicants seeking rezoning approval by the Board of County Commissioners. (6) The Committee ea..n,issien shall investigate any other relevant areas so directed by the Board of County Commissioners. SECTION EIGHT. Duties of department heads. The duties of the Director of Housing and Human Services oHPer-ational support and of and the Naples Community Development Director, or their designees, shall be: Words Underlined are added; Words Stru . -augh are deleted. Page 4 of 5 gr (1) To administer the activities of the Affordable Housing Advisory Committee eemmissian in accordance with established policies of the Board of County Commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the Committee commission, the county administrator, the city manager, the Naples City Council and the Board of County Commissioners on the Growth Management Plan of each jurisdiction. (3) To attend all Committee eammission meetings. SECTION NINE. Review process. This Affordable Housing Advisory Committee eemmission shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of April, 2008. ATTEST: DWIGHT E.BROCK, Clerk By: ' AttW ast ppU q eputy Clerk Sf� A3p1ove4s jo form and A. latzkow ,ssi • nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'TF.50114ENNNIG, Chairman Words Underlined are added; Words Stn ek Through are deleted. Page 5 of 5 8A 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 -17 Which was adopted by the Board of County Commissioners on the 8th day of April, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board 'ofr County Commissioners By: Ann Jennejohri, Deputy Clerk 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., location, etc.) ❑ Other: Originating Dept/ Div: Comm. Dev.Serv. /Planning Person: Marcia R. Kendall Date 3/20/2008 Petition No. (If none, give brief description): Growth Management Plan Amendment CP- 2006 -1. Petitioner: (Name & Address): George Vamadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, 821 5" Avenue South, Naples, FL 34102 and Dominic Amico of Agnoli, Barber and Brundage, Inc., 7400 Tamiami Trail North, Suite 200, Naples, FL 34108. Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: April 8, 2008 Based on advertisement appearing 10 -7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649100 -00000 Reviewed by: Approved by: Department Director Date List Attachments: Advertisement Request and Map County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC 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 rile: to ❑ Requesting Division Clerk's Office ❑ Original 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 ON Y: ��11 ,,p� Date Received: p Date of Public hearing: V U�% Date Advertised: April 8, 2008 Board of County Commissioners Public Hearing j1 Advertising Requirements (! Please publish the following Advertisement and Map on Friday, March 28, 2008 and Monday, March 31, 2008, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be approximately 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on your Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500087160 NOTICE OF INTENT TO CONSIDER RESOLUTION " C Notice is hereby given that on Tuesday, April 8, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution, 2006 Amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ➢ CP- 2006 -1, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map and Map Series (]AMP /FLUM), to change the FLUM designation from Urban -Mixed Use District/Low Residential Subdistrict to Urban - Commercial District /Commerce Park at Silver Strand Subdistrict to allow Business Park Zoning District uses; Industrial uses; select Agricultural uses; select uses from the General Commercial (C -4) and Heavy Commercial (C -5) Zoning Districts; and uses allowed within the General Office (C -1), Commercial Convenience (C -2) and Commercial Intermediate (C -3) Zoning Districts of the Collier County Land Development Code, not to exceed 1,000,000 square feet of gross leasable floor area, on property located on the east side of Immokalee Road (CR 846), approximately '% mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, consisting of 164.87± acres. [Coordinator: Michele Mosca, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment is available for inspection at the Collier County Clerk's Office, 4`h floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 8, 2008, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) i 8C I ,& !r, !as ,4, ,m, ,e. ,52, 153, L. ■ c _ § 2 u� w \ � u . 2 \ ,-.s \ } � \ .§ ! «. 2 \ \, 77 _,_ - § ° 91, , ! of c J , /\ !�; Petition CP- 2006 -1 Growth Management Plan Amendment Advertisement Request Page 1 of 1 Patricia L. Morgan 8C From: kendall_m [MarciaKendall @colliergov.net] Sent: Wednesday, March 19, 2008 2:13 PM To: Minutes and Records Cc: Patricia L. Morgan. Weeks, David, Moscalvichele Subject: Petition CP- 2006 -1 Growth Management Plan Amendment Advertisement Request Attachments: CP- 2006 -1 GMP Transmittal BCC Advertisement.doc, CP- 2006- 1rev..pdf. Ad Req. Slip For CP- 2006 -1 GMP Amendment.doc Please process the attached BCC Advertisement Request for Growth Management Plan Amendment Petition CP- 2006 -1 scheduled for BCC hearing April 8, 2008. The Resolution has been initialed by the County Attorney's office and is attached to the hard copy advertisement request. Hard copy will be forwarded via interoffice mail to both the County Manager's office and Clerk's office, accordingly. <<CP- 2006 -1 GMP Transmittal BCC Advertisement.doc>> <<CP- 2006 -1 rev..pdf>> <<Ad Req. Slip For CP -2006- 1 GMP Amendment.doc>> Thank you. Marcia R. Kendall, Senior Planner Comprehensive Planning Department Phone 239-252-2387 Fax: 239-252-2946 Email: marciakendall@collie_rgov.net "To Exceed Customer Expectations" 3/19/2008 March 20, 2008) Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: GMP Amendment CP- 2006 -1 (Display Ad w /Map) Dear Legals: Please publish the following Advertisement and Map on Friday, March 28, 2008, and again on Monday, March 31, 2008. This advertisement should be a 1/4 page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to the Minutes & Records Department. Thank you. Sincerely, Teresa Polaski Deputy Clerk Account # 111- 138317- 649100 Please reference the followinq on your invoices: Department: Comprehensive Planning Fund & Cost Center: 111 - 138317- 649100 -00000 Purchase Order Number: 4500087160 -ectunty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044_ NAPLES, FLORIDA'3�4101 -3044 March 20, 2008 George Varnadoe Cheffy, Passidomo, Wilson & Johnson, LLP 821 5th Avenue South Naples, FL 34102 Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider the following Petition: GMP Amendment CP- 2006 -1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, March 28, 2008, and again on Monday, March 31, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK )er � esa Polaskl, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk(dclerk.collier.fl us -Caunty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTL OUSE Clerk of Courts 3301 TAMIAMI TRAIL FAST P.O. BOX 413044, NAPLES, FLORIDA'J,�101 -3044 March 20, 2008 Dominic Amico Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail North Suite 200 Naples, FL 34108 Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider the following Petition: GMP Amendment CP- 2006 -1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, March 28, 2008, and again on Monday, March 31, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski. Deputy Clerk Enclosure Phone- (239) 732 -2646 Website- www.clerk.collier tl us Fax- (239)775 -2755 Email- collierclerk(aiclerk.collier fl us 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., location, etc.) ❑ Other: y1 _. 8CIif -, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, rxxxxxxxx. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx .xxxxxxx Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Marcia R. Kendall Date 3/20/2008 Petition No. (If none, give brief description): Growth Management Plan Amendment CP- 2006 -1. Petitioner: (Name & Address): George Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, 821 5th Avenue South, Naples, FL 34102 and Dominic Amico of Agnoli, Barber and Brundage, Inc., 7400 Tamiami Trail North, Suite 200, Naples, FL 34108. Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date:April 8, 2008 Based on advertisement appearing 10 -7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A ❑ Legally Required Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649100 -00000 Revi wed by: Approved by: X 3 -1°I -off Department Direct r Date County Manager Date List Attachments: Advertisement Request and Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC 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 Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: April 8, 2008 Board of County Commissioners Public Hearing 8C Advertisina Requirements Please publish the following Advertisement and Map on Friday, March 28, 2008 and Monday, March 31, 2008, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104. The advertisement must be approximately 1/4 page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on your Invoices: DEPARTMENT: COMPREHENSIVE PLANNING FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500087160 NOTICE OF INTENT TO CONSIDER RESOLUTION C Notice is hereby given that on Tuesday, April 8, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution, 2006 Amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ➢ CP- 2006 -1, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map and Mar) Series (TAMP /FLUM), to change the FLUM designation from Urban -Mixed Use District/Low Residential Subdistrict to Urban - Commercial District/Commerce Park at Silver Strand Subdistrict to allow Business Park Zoning District uses; Industrial uses; select Agricultural uses; select uses from the General Commercial (C -4) and Heavy Commercial (C -5) Zoning Districts; and uses allowed within the General Office (C -1), Commercial Convenience (C -2) and Commercial Intermediate (C -3) Zoning Districts of the Collier County Land Development Code, not to exceed 1,000,000 square feet of gross leasable floor area, on property located on the east side of Immokalee Road (CR 846), approximately' /4 mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, consisting of 164.87± acres. [Coordinator: Michele Mosca, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment is available for inspection at the Collier County Clerk's Office, 4'h floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 8, 2008, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, 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. • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) m T 46 S T 47 S T 48 5 T 49 S T 50 S T 51 S T 52 S T 53 S eiNno] aavmoae urvno] Sava w e m ¢ C w Om U W a LL ¢ iw u u NIW 1aaN3N to 61 —aS wci fiZ —N$ OI i N k ¢ -1 rt rti 4 , Al NI10] 33l dl b� w J o � 4 s s. o =w w as 1 aoeary 00 g ¢ O Mexti co Ngo of Gut f m °a aac RESOLUTION NO. 08- 8C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. sec., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendment to the following element of its Growth Management Plan: and Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land Use Map, WHEREAS, the Collier County Planning Commission has considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan amendment, must review and determine if the Plan amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act of Words underlined are additions; Words stwsk4hr960 are deletions 1 8C 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendment, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendment, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9.15, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of '2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney CP- 2006 -1 GMP Transmittal Resolution Words underlined are additions; Words 6truck- t4Feu0 are deletions 2 8c Exhibit A B. Urban — Commercial District CP- 2006 -1 specifically tailored to serve development within the Rural Lands Stewardship Area and the Immokalee area in a Park -like environment with low structural density, and where landscaped areas Provide for buffering and enjoyment by the employees and Patrons of the commerce park. The development of this Subdistrict shall be governed by the following criteria a. The gross leasable floor area shall not exceed 1,000,000 square feet b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent. c. The CPSSS shall be permitted to develop with a maximum of 30 Percent Secondary Uses as identified in Paragraph h below. d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) and access to this arterial road shall be consistent with Policy 7.1 of the Transportation Element e. The CPSSS is encoura❑arl In I rtir70 PI In -A nk-11 for outdoor storage parking and access management f. The following Primary Uses shall be permitted as of right in 100 percent of the CPSSS: 1. All permitted primary uses of the Business Park Zoning District a forth In the Land Development Code in effe t as of the date of adoption of this Subdistrict. 2. Automotive repair shops (Groups 7532-7539) 3. Business services (Groups 7311 7352 -7359 and 7371-7379) 4. Motor freight transportation and warehousing (Group 4225 mini storage and self — storage only) subject to the following: a. Metal roll -up garage doors visible from a public right-of-way, are Prohibited. b. Buildings are limited to 100 feet in length when adiacent to a residential zoning district C. Wholesale or retail sales and office uses are Prohibited in units designed for storage d. Outdoor storage is limited to boats recreational vehicles and other recreational equipment and shall be enclosed by a type "B" buffer. 5. Motor Vehicle Dealers (Groups 5511 -5521) Words underlined are added; words 8#usk4hFGuo are deleted. 6. Lumber and other building materials dealers (Group 5211 • outdoor storage not permitted in a front yard) 7. Ornamental floriculture and nursery products (Group 018 g. Retail Sales and /or display areas as accessory uses to the primary uses set forth in paragraph f. shO not to exceed and area greater than 30 percent of the gross floor area of the permitted principal use h. 1. Subdistrict. 2. All Permitted Uses of the Commercial Professional and General Office (C -1) Zoning District the Commercial Convenience (C 2) ZoningDistrict --A I"- ---- - - -._- . . .. . .- -� - Words underlined are added; words stfask4hroygh are deleted. i ?R C t r u i g b •i 1 ® N5 IL - -1 N a m J LL �O l Bl 1 W TI m N , . k 'v yap; I _ S 94 1 5 Lb 1 EXHIBIT W PETIT16N C COMMERCE PARK AT SILVER STRAND SUBDISTRICT COLLIER COUNTY, FLORIDA LEGEND TSCALE F-� SUBDISTRICT PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION 0 S00 FT. 1000 FT. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 2/2008 FILE. CP- 2006- OIA.DWG 9 10 16 15 STOCKADE ROAD SUBJECT SITE CP- 2006 -0 1 0 16 15 21 22 Teresa L. Polaski To: legals @naplesnews.com Subject: GMP Amendment CP- 2006 -1 Attachments: CP- 2006 -1 .doc; CP- 2006 -1 GMP.doc; CP- 2006 -1 GMP Map.pdf Legals, Please advertise the following on Friday, March 28, 2008 and again on Monday, March 31, 2008. Thank you M * CP- 2006 -1 .doc (26 -P- 2006 -1 GMP.doc CP- 2006 -1 GMP KB) (49 KB) Map.pdf (241 KB)... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski @collierclerk.com) 1 Teresa L. From: postmaster @collierclerk.com Sent: Thursday, March 20, 2008 11:49 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT223197.txt; GMP Amendment CP- 2006 -1 D ATT223197.txt (231 6) t '' I GMP Amendment CP- 2006 -1 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 GMP Amendment CP- 2006 -1 Teresa L. Polaski From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Thursday, March 20, 2008 1:37 PM To: Teresa L. Polaski Subject: RE: GMP Amendment CP- 2006 -1 OK (had to make it a 3 x 14" - too big for 3 x 11 ") From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Posted At: Thursday, March 20, 2008 11:33 AM Posted To: Legals - NDN Conversation: GMP Amendment CP- 2006 -1 Subject: GMP Amendment CP- 2006 -1 Page 1 of 1 8C Legals, Please advertise the following on Friday, March 28, 2008 and again on Monday, March 31, 2008. Thank you <<CP- 2006 -1 .doc>> <<CP- 2006 -1 GMP.doc>> <<CP- 2006 -1 GMP Map.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski@collierclerk.com) 3/20/2008 Teresa L. Polaski From: postmaster @collierclerk.com Sent: Thursday, March 20, 2008 2:34 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT229799.txt; RE: GMP Amendment CP- 2006 -1 ATT229799.b(t RE: GMP (224 B) nendment CP -2006 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. PPerrell@Naplesnews.com 1 03/22!2009 11:28 2392634723 CLASS PAGE 01 fVIAD I �rl -I FUTURE L .ANDUSE MAP AND MAP SERIES; AND F f THEOFLIORIDAIDEPARTMENTTRANSMITTAL OF COMMUNITY AFFAIR NT TO S. (, "r 6p- 2006_f petition requesting aname�npd�meFt to the n eai �'-s- .�.1�.c__•_�..n....�rrvml1rf78n- i� /FLIIM),tocnangeener��•,� a• -- Mixed Use District/Low Residential Subdistrict to Urban- Commercia District /Commerce Park at Silver Strand Subdistric select Agacultu alsuses; Park Zoning District uses; Indust ial uses; and Heavy Commercial select lases from the. General Commercial (C 4} (C -5) Zoning Districts; and uses allowdedd within he General Office (C 3) 1), Commercial Convenience (C -2) �xceetlD1,000,000 squarelfeet of gross Laird leasable filoor area, on property istricts of the located nn the east side of Immokalee Road ICR 846), approximately ',a mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, consisting of 164 -87: acres. [Coordinator: Michele Mosce, AICP, Principal Planner] All it terested parties are invited to appear and be heard. Copies of the Collier pro;, gsed Growth Management Plan Amendment is available for Inspection a': t'P a Collier County Clerk's Office, 41" floor, Administration Building, Ccu my Government C28U0'N.Horseshoe Drive Naples, Florida between the Flar ning Department questions hc.1-5 of 8:001,..M• and 5:00 P.M., Monday through Friday. Any G P airing to tr'e document should be directed to the Comprehensive Planning )e artment. Written comments filed with the Clerk tothe Board's office prior W d ,pri1 8, 2008, will be read and considered at the public If r;, person decides to appea; any declsion made by the Board of County Cc nmissiorl s with respect to any matter considered at such meeting Purpose he ilea (ring, he will need a record of that proceeding, and for ings s made, which ,�r, y need to ensure that a verbatim record of the proceeding_ re[ ord includes the testimony and evidence upon which the aopeai is to be ba 'ed. Bi :i RIERFCOUNTY F pR FLORIDA Ti >M HENNING, CHAIRMAN C NIGHT E. BROCK, CLERK /s/Teresa POlaskl Deputy Clerk coliff Go irk e` I l FloFldl C Th.Th, NAPLES DAILY NEWS Published Dail{ Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they scrNe as the autliorit%. personall% appeared B. Lamb_ who on oath says that thev semc as the Assistant Corporate Secretan of the Naples Daily, a daily newspaper published at Naples. in Collier Counts, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 times in the issue Off March 28°'.31 ". 2008 An wit further saN' that the said Saplcs I)at IN News is a tic" spatter Puhlished al Naples. in collier counts, I Iin ida and that Ilic said tie" spatter has hereiolotc been continuouslf published in said Collier County, Florida', h,t, nacd in Cot cr and Lee counties ofFl or, da, each das and has hcen entered as second class nail matter at the post office in Naples. in said Collier County. Florida, for a period of 1 year nem preceding the first publication oftheattached copy of ad,ertisement, and afftant further sass that he has neither paid nor promised am person, firm or corporation anydiscounLrebate, commission or refund for the purpose of securing this advertisement for pnblieation it, the said nuns :77 per (Signature of affianp Sworn to and subscribed before me This 31 "t. Dav Of March 2008 Signature of t cry publ ) JUDYJANCS Commission DD 675029 17FI -59- 2578327 ";" e�= Expires^9ay?fi,2611 1 8C NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, April 8, 2008 in the Boardroom, 3r11 Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution, 2006 Amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURELANDUSE MAPAN D MAPSERI ES: AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. CP- 2006 -1, Petition requesting an amendment to the Map Jeries (1AMr&LUM), to Change the FLUM designation from Urban - Mixed Use District/Low Residential Subdistrict to Urban - Commercial District/Commerce Park at Silver Strand Subdistrict to allow Business Park Zoning District uses; Industrial uses; select Agricultural uses; select uses from the General Commercial (C -4) and Heavy Commercial (C -5) Zoning Districts; and uses allowed within the General Office (C- 1), Commercial Convenience (C -2) and Commercial Intermediate (C -3) Zoning Districts of the Collier County Land Development Code, not to exceed 1,000,000 square feet of gross leasable floor area, on property located on the east side of Immokalee Road (CR 846), approximately 1/4 mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, consisting of 164.871 acres. [Coordinator: Michele Mcsca, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment is available for inspection at the Collier County Clerk's Office, 4t' floor, Administration Building, Collier rn County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning x Department. Written comments filed with the Clerk to the Board's Office prior to April 8, 2008, will be read and considered at the public hearing. J If a person decides to appeal any decision made'by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, 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. "'. °'"" BOARD OF COUNTY COMMISSIONERS m o c COLLIER COUNTY, FLORIDA N.q TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK o. - Vl By: /s/Teresa Polaski Deputy Clerk Iyp.9900fia14 __. z7z-i no r s Gov z m A COLLIER COUNTY GROWTH MANAGEMENT PLAN 2006 CYCLE AMENDMENTS TRANSMITTAL HEARINGS CP- 2006 -1 Commerce Park at Silver Strand Subdistrict BCC: April 8, 2008 Leon 8C EXECUTIVE SUMMARY Public Hearing for Petition CP- 2006 -1, a Growth Management Plan amendment to the Immokalee Area Master Plan and Future Land Use Map and Map Series (Transmittal Hearing) OBJECTIVE: For the Board of County Commissioners to review Petition CP- 2006 -1, Growth Management Plan (GMP) amendment to the Immokalee Area Master Plan (TAMP) and consider approving said amendment for transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Petition is not part of the 2006 cycle GMP amendments, as it is being submitted under the State of Florida's Rural Area of Critical Economic Concern Designation ( RACEC). The RACEC Designation allows for the submittal of Growth Management Plan amendments without regard to the statutory limits on the frequency of adoption of amendments to the comprehensive plan, provided the proposed amendment meets the State's economic development objectives. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency' under Chapter 163.3174, F.S., held their Transmittal Hearing for this petition on March 24, 2008. • This Transmittal Hearing considers an amendment to the Immokalee Area Master Plan and Future Land Use Map and Map Series. Note: The Novus system does not contain the Growth Management Plan amendment application and support document due to its volume and oversized exhibits. The Executive Summary package, including all support materials, is included in the binder provided to the BCC and is available for review in the Comprehensive Planning Department office. PROJECT SUMMARY: The subject property, containing 164.87+ acres, is zoned A -MHO, Rural Agricultural with Mobile Home Overlay; designated Urban (Mixed Use District, Low Residential Subdistrict) on the IAMP Future Land Use Map; located within the Rural Area of Critical Economic Concern ( RACEC) Designation and a Community Redevelopment Area (CRA); and, is physically located on the east side of Immokalee Road (CR 846), approximately one - quarter mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East. The petitioner is requesting approval for a new subdistrict, consisting of a maximum of 1,000,000 square feet of gross leasable floor area for Business Park zoning district uses; Industrial uses, select Agricultural uses; select uses from the General Commercial (C -4) and Heavy Commercial (C -5) zoning districts; and select uses allowed within the General Office (C -1), Commercial Convenience (C -2), and Commercial Intermediate (C -3) zoning districts of the Land Development Code. Note: The Staff Report for the Collier County Planning Commission, dated March 24, 2008, contains the entire project scope as well as staff's analysis and findings and conclusions. Staff's position with respect to certain findings and conclusions has not changed, as the petitioner did not provide adequate data and analysis to substantiate the need for certain uses and intensity of uses, as previously requested by staff. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment since final action is not being taken at this time (this amendment is not being considered for adoption at this hearing). If approved for transmittal, this amendment will subsequently be considered for adoption at hearings to be held later in 2008. The cost to process, review, advertise, etc. this private sector petition is borne by the petitioner via the application fee. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed by the County Attorney's office This Growth Management Plan amendment is authorized by, and is subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Local Government Comprehensive Planning and Land Development Regulation Act, and by local Resolution #97 -431, as amended. GROWTH MANAGEMENT IMPACT: Approval of this amendment by the Board of County Commissioners for Transmittal to the Florida Department of Community Affairs will commence the Department's sixty -day (60) review process and ultimately return this amendment to the Planning Commission and the Board of County Commissioners for final Adoption hearings to be held later in 2008. ENVIRONMENTAL ISSUES: Listed plant and /or animal species have been observed or are known to be on site. As part of the process of obtaining subsequent development orders, the site will be subject to all applicable local, state and federal environmental protection regulations. HISTORICAL /ARCHAEOLOGICAL IMPACT: The subject site does not contain lands identified on the County's Historical /Archeological Probability Maps as being in an area of historical or archaeological probability. As part of the process of obtaining subsequent development orders, the site may be subject to another review for historical /archeological probability. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The petition was not heard by the EAC. STAFF RECOMMENDATION: That the CCPC forward petition CP- 2006 -1 to the BCC with a recommendation to not transmit to the Florida Department of Community Affairs, unless found consistent with Policy 5.1 of the Transportation Element of the Collier County Growth Management Plan, subject to the following: (1) limit uses to those allowed in the Business Park Zoning District of the Land Development Code; (2) require applicant to provide community entry feature /sign with landscaping; and, (3) require the transition of uses from most intense to less intense adjacent to the rural agricultural lands. 8C i COLLIER COUNTY PLANNING COMMISSION (CCPC1 RECOMMENDATION: That the BCC approve petition CP- 2006 -1 for transmittal to the Florida Department of Community Affairs (vote: 7/0) subject to text revisions in Exhibit "A" and the following: (1) prohibit development of Automotive repair shops (Groups 7532 - 7539), Motor freight transportation and warehousing (Group 4225 — mini storage and self storage only), Lumber and other building materials dealers (Group 5211), and Motor vehicle dealers — used only (Group 5521) within 300 feet of Immokalee Road (C.R. 846); and, (2) require applicant to define transportation mitigation strategies by Adoption hearings. Speakers: One person spoke. The individual was in favor of the proposed project (stated the community would benefit from the proposed development and that the project furthers the community's objective of becoming an industrial hub for the county). Note: SUPPORTING DOCUMENTS WERE PREVIOUSLY PROVIDED TO THE BCC UNDER SEPARATE COVER. MEMBERS OF THE PUBLIC WISHING TO VIEW THOSE DOCUMENTS MAY CONTACT THE COMPREHENSIVE PLANNING DEPARTMENT AT 2800 NORTH HORSESHOE DRIVE. Prepared By: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Department EX SUM Transmittal Petition CP- 2006 -1 G: ComprehensivelGomp. Planning GMP DATA1Comp. Plan Amendments12006 pefi5ons mm13 -25 -08 3 • RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendment to the following element of its Growth Management Plan: Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land Use Map, and WHEREAS, the Collier County Planning Commission has considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended, approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan amendment, must review and determine if the Plan amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act of Words underlined are additions; Words stFusk through are deletions 1 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendment, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required Slate evaluation of the Growth Management Plan amendment, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9,15, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this _ day of 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney CP- 2006 -1 GMP Transmittal Resolution Words underlined are additions; Words slrask- through are deletions 2 Exhibit A Policy 1.1.1: 8C 1 CP- 2006 -1 The URBAN Future Land Use Designation shall include Future Land Use District and Subdistricts for: URBAN — COMMERCIAL DISTRICT 2. Commerce Park at Silver Strand Subdistrict B. Urban — Commercial District 2. Commerce Park at Silver Strand Subdistrict This Commerce Park at Silver Strand Subdistrict (CPSSS) consists of approximately 164.87 acres and is located on the east side of Immokalee Road (CR 846) and south of Stockade Road. The intent of the CPSSS is to allow for a mix of industrial and commercial uses specifically tailored to serve development within the Rural Lands Stewardship Area and the Immokalee Urban area. Development within this Subdistrict will resemble a park -like environment with low structural density, where landscaped areas provide buffering for enioyment by the emolovees and patrons of the Commerce Park. The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1.000 000 square feet b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent. c. The CPSSS shall be permitted to develop with a maximum of 30 percent d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) and access to this arterial road shall be consistent with Policy 7.1 of the Transportation Element. e. The CPSSS is encouraged to utilize PUD zoning and shall include within the PUD specific standards for buffers landscaping open space signage screening for outdoor storage, parking, and access management. f. The following Primary Uses shall be permitted as of right, in 100 percent of the CPSSS: 1. All permitted primary uses of the Business Park Zoning District as set forth in the Land Development Code in effect as of the date of adoption of this Subdistrict. 2. Automotive repair shops (Groups 7532 -7539) located no closer than 300 feet from Immokalee Road (CR 846). 3. Business services (Groups 7311 7352 -7359 and 7371 -7379) Words underlined are added; words stwsk-threugh are deleted. 4. Motor freight transportation and warehousing (Group 4225 — mini - storage and self — storage only), located no closer than 300 feet from Immokalee Road (CR 846) and subiect to the following: a. Metal roll -up garage doors, visible from a public right -of -way, are b. Buildings are limited to 100 feet in length when adjacent to a residential zoning district or residential use. c. Wholesale or retail sales and office uses are prohibited in units designed for storage. d. Outdoor storage is limited to boats, recreational vehicles and other recreational equipment and shall be enclosed by a tvoe "B" buffer as set forth in the Land Development Code in effect as of the date of adoption of this Subdistrict. 5. Motor Vehicle Dealers (Grout) 5511 6. Motor Vehicle Dealers (Group 5521) located no closer than 300 feet from Immokalee Road (CR 846). 7. Lumber and other building materials dealers (Group 5211: outdoor storage not permitted in a front yard) located no closer than 300 feet from Immokalee Road (CR 846). 8. Ornamental floriculture and nursery products (Group 0181). g. Retail sales and /or display areas as accessory uses to the primary uses set forth in paragraph f., shall not exceed an area greater than 30 percent of the gross floor area of the permitted principal use. h. The following secondary uses shall be permitted as of right, and shall be limited in aggregate, to a maximum of 30 percent of the area within the CPSSS 1. All permitted secondary uses of the Business Park Zoning District of the Land Development Code in effect as of the date of adoption of this Subdistrict. 2. Select Permitted Uses of the Commercial Professional and General Office (C -1) Zoning District. the Commercial Convenience (C -2) Zoning District, and the Commercial Intermediate (C -3) Zoning District of the Land Development Code in effect as of the date of adoption of this Subdistrict. The exact uses to be allowed will be determined at the time of rezoning. IPlaceholder text — Traffic mitigation strategies shall be determined prior to the Growth Management Plan amendment Adoption hearings and inserted into the Subdistrict text.1 Words underlined are added; words stwsk threugh are deleted. d U k )Y DATE: April 1, 2008 TO: Planning Commissioners FROM: Marcia R. Kendall /Senior Planner 8C C" ©► sz vey RE: BCC Advertisement Affidavit for Growth Management Plan Amendment CP- 2006 -1, Silver Strand Please be advised that due to the timeframe, copy of the advertisement affidavit is not available at this time. As soon as received, a copy of the affidavit will be placed in the notebooks prior to delivery for the Department of Community Affairs. Thank you. Comprehensive Planning Department �c If tl 1 ' NOTICE!� 1UBLIC Nt7 _ NOTICE. OF INTENT TO CONSIDER IESOLUTION Notice is hereby given that on Tuesday, April 8, 2008 In the Boardroom, 31d Floor, Administration Building, -CollferCounty Government Center, 3301 E. Tamiaml Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the transmittal of the following County Resolution, 2006 Amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LANDUSEMAPAND MAPSERIES;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. ➢ CP- 2006 -1, Petition requestinq an amendment IOVLow Residential Subdistrict to L ce'Park at Silver Strand Subdistrict drict uses; Industrial uses; select the General Commercial (C -4) and t tricts; and uses allowed within the i I on the east side south of Stocks 29 East, consists , AICP, Principal All interested parties are invited to proposed Growth Management Pl at the Ooll)er County Clerk's Olflce County Govern Center, East I Planning Department, 2800 N. Hoi hours of 8:00 A.M. and 5:00 P. M. pertaining to the document should Department. Written comments fil to April 8, 2008, will be read and c U -2) and Commercial Intermediate 7ounty Land Development Code, r of gross leasable floor area, on pro in Section 873 acres. ippear and be heard. Copies of the iAmendment is available for Inspection 4'^ floor, Administration. Building, Collier Was, Florida; and at Comprehensive eshoe Drive, Naples, Florida between the onday through Friday. Anyy questions �e directed to the Comprehensive Plannln< d with the Clerk to the Board's Office prior nsidered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING,.CHAIRMAN DWIGHT E. BROCK, CLERK By: /a/Teresa Polaski Deputy Clerk Tb.Tb, NAPLES DAILY NEWS Published Daily Naples, FL 34102 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 Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached cop} of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue On March 6',2008 giant further says that the said Naples Daily News is a newspaper Published at Naples, in collier courtly, Florida and that the said newspaper has heretofore 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 matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or cur poration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sold news per ( Sig ature of affrant) Sworn to and subscribed before me This 6'", Day Of March 2008 l IrAJ-1 a yisat� (Sign. ore of n ry pub c) �%i-- g _ JUDY JANES pc '., Commission DD 6750_9 FEI 59- 2578327 ? Exoires May 16, 2011 M14: F.ma.n n,,, l'mr Fdnlnwmce 300335'019 i q'a m y ti y�-. 0 rrrr. d n �-G, � Cd•�. FCi�O rD N iD'- NOTICE OF PUBLIC HEARING Notice von onlMonday, March 24, 4008 at &05 P.M. at the Immokalso Career & Services Center located at 750 South 5' Street, Immokalee, Florida 34142. - - The purpose of the hearing is to consider a recommendation on an amendmen. to the Immokalee Area Master Plan and Immokalee Area Master Plan Future I Land Use Map, of the Growth Management Plan. The RESOLUTION title is as follows: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD. OF COUNTY COMMISSIONERS . PROPOSING AN AMENDMENT TO THE COWER .COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY. AMENDING THE IMMOKALEE�-q-pEA:MASTER PLAN AND THE IMMOKALEE'AREA MASTER PLAN"FUTURE LAND USE' MAP AND MAP SERIES; AND, - FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. CP- 2008 -1, Petition requesting an amendment to the allow Business Park Zoning District uses; Indumdal uses; from the General Commercial (C-4) and Heavy Comrr Zoning Districts; and uses allowed within the General ( located on the East side, of Immolc�ee.Road 1/4. mile south of Stockade Road, in Section Range 29 East, consisting of 184.873 acres. - Moses, MCP,, Principal Planner) All interested pepaarttiieens are Invited to appear and be heard. Copies of the Planraiof pertaining AM: grid 2800 N. :00 P.M., onday U�irotu9h Friday. Any questions qup�sthe Planning Deeperlment.((2u39 -25 should been como-�`s fl mpwith the ve Coreprehensive Planning Section prior to March 24, 2008, will be read and considered at the public hearing. 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 headng, he will need a record of that proceeding, 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. Mark P. Strain, Chairman Collier County Planning Commission Agenda Item 4A� Co ti�0-rC�;V794�-Ptt_y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: March 24, 2008 RE: PETITION CP- 2006 -1, COMMERCE PARK AT SILVER STRAND SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] AGENT /APPLICANT /OWNERS Agents: George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, FL 34102 and Dominick J. Amico, Jr., P.E. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34102 Applicant: Paul J. Marinelli Silver Strand III Partnership 2600 Golden Gate Parkway, Suite 200 Naples, FL 34134 GEOGRAPHIC LOCATION: The subject property, containing 164.87+ acres, is located in the Immokalee Urban area on property located on the east side of Immokalee Road (CR 846), approximately one - quarter mile south of Stockade Road, in Section 15, Township 47 South, Range 29 East, and is located within a Rural Area of Critical Economic Concern (RACEC) and a Community Redevelopment Area (CRA). SITE LOCATION MAPS Agenda A'4A m.i7909N ` 10 12 g mow 17 16 S�i14 4,a ad P, CI no A� w 20 1 22 23 2q` =XW REQUESTED ACTION: This petition seeks to amend the Immokalee Area Master Plan (TAMP) text and Future Land Use Map and map series by: Amending Policy 1.1.1 of the Urban - Commercial District to add the Commerce Park at Silver Strand Subdistrict; 2. Amending the Urban - Commercial District to add the proposed Subdistrict; and 3. Creating a new IAMP Future Land Use Map series map depicting this new Subdistict, and amending the IAMP Future Land Use Map to add this new Subdistrict. The proposed change to Policy 1.1.1 and the proposed Subdistrict text is as follows: (Single underlined text is added, as proposed by the petitioner. Note: Staff has recommended text changes found at the end of this Report.) Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use District and Subdistricts for: URBAN — COMMERCIAL DISTRICT 2. Commerce Park at Silver Strand Subdistrict [new text, page 3] URBAN DESIGNATION B. Urban — Commercial District 2. Commerce Park at Silver Strand Subdistrict [new text, page 171 This Commerce Park at Silver Strand Subdistrict ( CPSSS) consists of approximately 164.87 acres and is located east of Immokalee Road (CR 846) and south of Stockade Road. The intent of the CPSSS is to allow for a mix of industrial and commercial uses specifically tailored to serve development within the Rural Lands Stewardship Area and • Agenda Item 4A the Immokalee area in a park -like environment with low structural density, and where landscaped areas provide for buffering and enioyment by the employees and patrons of the commerce park. The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1.000,000 square feet. b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent c. The CPSSS shall be permitted to develop with a maximum of 30 percent Secondary Uses as identified in paragraph h. below. d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) and access to this arterial road shall be consistent with Policy 7.1 of the Transportation Element. e. The CPSSS shall utilize PUD zoning and shall include within the PUD specific standards for buffers, landscaping, open space, signage, screening for outdoor storage, parking, and access management. f. The following Primary Uses shall be permitted as of right, in 100 percent of the CPSSS: 1. All Permitted Primary Uses of the Business Park zoning district of the Land Development Code as of the date of adoption of this Subdistrict. 2. Automotive Repair Shops (groups 7532 -7539) 3. Business Services (groups 7311, 7352 -7359 and 7371 -7379) 4. Motor freight transportation and warehousing (group 4225 — mini - storage and self — storage only) subiect to the following: a. metal roll-up garage doors, visible from a public ngnt -or -way, are prohibited. b. Buildings are limited to 100 feet in length when adjacent to a residential zoning district. c. Wholesale or retail sales and office uses are prohibited in units designed for storage. d. Outdoor storage is limited to boats, recreational vehicles and other recreational equipment and shall be enclosed by a type "B" buffer. 5. Motor Vehicle Dealers (groups 5511 -5521) 6. Lumber and other building materials dealers (group 5211: outdoor storage not permitted in a front yard) 7. Ornamental floriculture and nursery products (group 0181) g. Retail Sales and /or display areas as accessory uses to the primary uses set forth in paragraph (f.), not to exceed an area greater than 30 percent of the gross floor area of the permitted principal use. h. The following Secondary Uses shall be permitted as of right, and shall be limited, in aggregate, to a maximum of 30 percent of the area within the CPSSS: 1. All Permitted Secondary Uses of the Business Park zoning district of the Land Development Code as of the date of adoption of this Subdistrict. 2. Agenda Item 4A Commercial Intermediate (C -3) zoning district as of the date of adoption of this Subdistrict. PURPOSE /DESCRIPTION OF PROJECT: The petitioner is requesting approval for a new subdistrict, consisting of a maximum of 1,000,000 square feet of gross leasable floor area for Business Park zoning district uses; select uses from the General Commercial (C -4) and Heavy Commercial (C -5) zoning districts; and uses allowed within the General Office (C -1), Commercial Convenience (C -2), and Commercial Intermediate (C -3) zoning districts of the Land Development Code on 164.87+ acres. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The subject site is undeveloped; zoned A -MHO, Rural Agricultural with Mobile Home Overlay; and, designated Urban (Mixed Use District, Low Residential Subdistrict) on the IAMP Future Land Use Map. The site is adjacent to an arterial roadway, Immokalee Road (C.R. 846). Surrounding Lands: North: Undeveloped parcel (approved for a conditional use to allow a batch plant), zoned A -MHO, Agricultural - Mobile Home Overlay; and, a developed parcel — Collier County Landfill, zoned A -MHO; both designated Urban (Mixed Use District, Low Residential Subdistrict) on the IAMP Future Land Use Map. South: Undeveloped parcel; zoned A -MHO; and, designated Agricultural /Rural (Agricultural /Rural Mixed Use District, Rural Lands Stewardship Area Overlay — Open and Water Retention Area) on the countywide Future Land Use Map. West: Across Immokalee Road, undeveloped parcel; zoned A -MHO; and designated Urban (Mixed Use District, Low Residential Subdistrict) on the IAMP Future Land Use Map. East: Undeveloped parcel, zoned A -MHO; and designated Urban (Mixed Use District, Low Residential Subdistrict) on the IAMP Future Land Use Map. STAFF ANALYSIS: Comprehensive Plan Amendment data and analysis requirement: Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J -5.005 "General Requirements" delineates criteria for plan amendments in sub - section 9J -5.005 (2) "Data and Analysis Requirements." Agendftw 4A Sub- section 9J- 5.005(2) states in part that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue... the Department will review each comprehensive plan [amendment] for the purpose of determining whether the plan [amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner." It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to generate data and analysis for the applicant, although it is staff's responsibility to identify any shortcomings in the data and analyses during the consistency review process and to request additional information that is deemed essential in the review of the submitted request for a plan amendment. Any outstanding deficiencies with respect to data and analyses that may remain at the time of any requisite public hearing are the responsibility of the applicant. A detailed synopsis of the adequacy of the data and analysis for the subject plan amendment is set forth with specificity below. Background, Considerations and Appropriateness of Change: • Commercial, Industrial and Business Park opportunities within the Immokalee Urban Area: The Immokalee Area Master Plan (TAMP) was adopted and incorporated into the County's Growth Management Plan in 1991. The Plan included industrial and commercial designated areas, and contained locational criteria to establish new commercial acreage. The IAMP has not substantially changed since its adoption. The Plan allows commercial, industrial, and business park development as follows: Commercial Commercial Subdistrict — SR 29 and Jefferson Ave. (rust shaded area on FLUM, page 7): • The purpose of the Subdistrict is to provide for retail and office uses, highway commercial uses, and transient lodging facilities. • The Subdistrict allows commercial development consistent with the C -1 through C -4 zoning districts of the Land Development Code. • The Subdistrict includes the following three commercial areas: 1. S.R. 29 and New Market Rd. — the commercial node is approximately 26.75 acres in size with approximately 7.03 vacant acres. 2. New Market Rd. — the commercial node is approximately 39.58 acres with approximately 11. 55 vacant acres. 3. S.R. 29 (south of Lake Trafford Rd.) — the commercial node is approximately 78.64 aces with approximately 6.05 vacant acres. Agenda Item 4A Neighborhood Center Subdistrict (blue shaded area on FLUM, page 7): • The purpose of this Subdistrict is to serve the needs of the surrounding neighborhoods. • The Subdistrict allows commercial development consistent with the C -1 through C -3 zoning districts of the Land Development Code. • New Neighborhood Centers may be established throughout the Residential Subdistricts, subject to criteria. • Five Neighborhood Centers are designated on the IAMP Future Land Use Map presently: 1. 1s` Street South — the Center is approximately 105.44 acres in size with approximately 83.86 vacant acres. 2. S.R. 29 — the Center is approximately 109.94 acres in size with approximately 89.93 vacant acres. 3. Lake Trafford Rd. and S.R. 29 — the Center is approximately 125.38 acres in size with approximately 23.36 vacant acres. 4. Lake Trafford Rd. (west of Carson Rd.) — the Center is approximately 69.31 acres in size with approximately 23.31 vacant acres. 5. S.R. 29 and Westclox St. — the Center is approximately 30.52 acres in size with approximately 30.52 vacant acres. Commerce Center — Mixed Use Subdistrict (purple shaded area on FLUM, page 7): • The purpose of this Subdistrict is to create a major activity center that serves the entire Immokalee Urban area and surrounding agricultural areas. • The Subdistrict is intended to function as an employment center. • The Subdistrict allows commercial development consistent with the C -1 through C -4 zoning districts of the Land Development Code. • This Subdistrict is approximately 381.87 acres with approximately 55.92 vacant acres. Planned Unit Development (PUD) Commercial Subdistrict: • The purpose of this text -based Subdistrict is to provide residential mixed use development. • PUD commercial development is allowed in all Residential Subdistricts, subject to criteria, including spacing criteria from elementary schools, PUD commercial > 10 acres, and commerce centers. • The Subdistrict provides for three categories of mixed -use development ranging in size from 5 to 20 acres of commercial, and ranging in intensity from C -2 through C -4 commercial uses. Industrial and Business Park Industrial Subdistrict (gray shaded area on FLUM, page 7): • The purpose of this Subdistrict is to provide for industrial land uses including but not limited to, airports; light manufacturing; processing; storage; high technology; computer and data processing; business services; etc. • Limited commercial uses, except retail, are allowed in the Subdistrict • There are approximately 766.96 vacant acres, not including the undeveloped portions of the airport property. This figure also includes approximately 583 industrial acres allocated for the proposed Tradeport DRI (pending). 3 8C Agenda Item 4A - The Tradeport DRI will include approximately 2,871,000 square feet of light industrial, light manufacturing, storage, distribution, and warehousing on 287.5+ acres; and 342,000 square feet of office and storefronts of industrial trades on 42.57+ acres. Additionally the project will include approximately 124,000 square feet of retail uses within the village center on 15.50± acres. Commerce Center - Industrial Subdistrict (maroon shaded area on FLUM, below): • The purpose of this Subdistrict is to create a major activity center that serves the entire Immokalee Urban area and surrounding agricultural areas. • The Subdistrict is intended to function as a major employment center. • The Subdistrict allows land uses consistent with the C -1 through C -5 commercial zoning districts, and uses allowed in the industrial and business park zoning districts of the Land Development Code. • There are approximately 136.85 vacant acres, not including the undeveloped portion of the airport property. Business Park Subdistrict • This text -based provision provides for business park development within the Commerce Center Industrial Subdistrict and the Industrial Subdistrict, as identified on the IAMP Future Land Use Map. • Business Parks must be a minimum size of 35 acres. • Land uses must be consistent with the Business Park zoning district of the Land Development Code. i 9 a • R ••f R )O• IMMOKALEE FUTURE LAND USE MAP � 1 \ • 4' p'� l I �1 F� 1 IrIr` i Yom... i 14% Agenda Item 4A • IAMP Re- study: The Immokalee Master Plan and Visioning Committee (IMPVC) was formed, in part, to study the land use and general economic needs of the Immokalee Community. The Committee has been tasked with making recommendations to the Board of County Commissioners on revisions to the Immokalee Area Master Plan and Land Development Code that would further the economic and development goals of the community. The Committee has proposed expanding /contracting commercial and industrial areas within the community, as depicted on the Future Land Use Map below. The net increase /decrease in acreage for each land use category is unknown at this time. The Committee is expected to provide this information when they formally submit their request for a Growth Management Plan amendment to the Immokalee Area Master Plan later this year. lse Map IMMOKALEE FUTURE LAND USE MAP as proposed by the IMPVC R i0. L0. OGI LP vnmmc . - CAF wroYv 1 \ 1P aYMRI 1 j i � 11 y iF wmu� I.J LR LI- os P fj - -w Agenda Item 4A Economic Analysis: In 2006, The Regional Economic Research Institute prepared, and the Immokalee Master Plan and Visioning Committee approved, the Immokalee Master Plan Study Economic Analysis for the Immokalee community, as part of the Immokalee Master Plan update. The Analysis identified the low, medium and high range forecasts for employment, retail and office space demand for the Immokalee Community; and, industrial /business park demand for the County. The Immokalee medium range forecasts for retail and office demand, assuming a 1.9 percent growth rate from 2005 -2010 and a 1.5 percent growth rate through 2020; and, the projected medium range County employment growth figures and acreage demand for industrial land uses are identified in the table below. Year Immokalee Retail Retail Immokalee Office Office 'County 'County Retail Sq. Ft. Acres Office Sq. Ft. Acres Industrial Industrial Growth Needed Growth Needed Employment Acres Growth Needed 2005- 2010 164 98,480 12 188 112,763 14 4,751 470 2005- 2015 373 223,761 28 310 186,027 23 10,387 1,009 2005- 2020 650 389,792 49 436 261,545 33 17,078 1,629 (- ACCOraing to me analysis, Immokalee's Industnal employment and acreage forecast is dependent upon the County's overall growth.) Based on the data and analysis (medium range forecast) provided in the Study, approximately 49 retail acres and 33 office acres will be needed to support employment growth in Immokalee by 2020 and 1,629 industrial acres will be needed to support the countywide employment growth by 2020. • Community Redevelopment Agency (CRA): The Community Redevelopment Agency adopted the Immokalee Community Redevelopment Plan by adoption of Resolution No. 2000 -181. The Community Redevelopment Plan, in part, contains community goals and objectives to retain and enhance desirable areas in the community and revitalize, rehabilitate and redevelop less desirable areas. The Plan encourages and promotes innovations in development techniques in order to obtain livability; provides a sound basis for urbanization by establishing relationships between residential, commercial, industrial and open space land uses; provides a strategy for an efficient transportation system; and fosters economic growth and development. The Plan targets development and redevelopment efforts within five specific subareas of the community, and provides some general guidance for development in the remaining areas of the CRA. The proposed Subdistrict is located within the CRA boundaries, but it is not within a subarea targeted for specific development and /or redevelopment. However, the Plan identifies an overarching economic development goal and objectives aimed at increasing small business start-ups and expansions; recruiting new businesses to Immokalee and the airport; and, 9 Agenda Item 4A nurturing entrepreneurial business development and retention — objectives which the proposed project may further. [Note: The petitioners did not address the Goals and Objectives of the Redevelopment Plan in their submittal nor did they provide data and analysis to demonstrate the proposed project furthers the Plan, as requested by staff.] • Tax Increment Financing (TIF): Tax Increment Financing is one of the primary tools local governments have to increase investment in economic development or urban revitalization. When property is improved, its value rises and the taxes generated at the site increase. The difference between the taxes generated before and after the investment in the property is called the tax increment. The tax increment revenues are retained by the Community Redevelopment Agency and used for redevelopment projects and related administrative activities within the CRA boundaries. The original Fiscal Impact Analysis Model (FIAM) and the July 2007 re- submittal did not include the TIF analysis for the proposed project. However, in response to staff's request, a TIF analysis was submitted in September 2007. It is located in the support documentation after the tab marked CRA Contributions (refer to memorandum dated September 26, 2007). The analysis assumes a 3 percent annual taxable value increase. Based on the consultant's calculations, the proposed development's cumulative contributions to the CRA at build -out in 2016 will be over 3.2 million dollars. Rural Area of Critical Economic Concern ( RACEC): Florida Statutes define a RACEC as a region composed of rural communities adversely affected by extraordinary economic events. Immokalee along with the Counties of Desoto, Glades, Hardee, Hendry, Highlands, Okeechobee, and the Cities of Belle Glade, Pahokee, and South Bay (in Palm Beach) were re- designated as the South Central Florida Rural Area of Critical Economic Concern in 2006 by Governor Jeb Bush. Designated communities receive priority assistance, from state and regional agencies through the Rural Economic Development Initiative (REDI), to further their economic goals - retain and create jobs, enhance the community, facilitate long -term private capital investment, etc. In addition to RED] assistance, the RACEC designation allows for the submittal of Growth Management Plan amendments without regard to the statutory limits on the frequency of adoption of amendments to the comprehensive plan, provided the proposed amendment meets the State's economic development objectives. The proposed Silver Strand GMP amendment has been submitted under the RACEC designation. In order to assess the project's potential economic impacts on the community, staff reviewed the FIAM analysis submitted as part of the Growth Management Plan amendment application. The following conclusions were provided by the petitioners: 1. An average of 2,101 jobs annually is forecasted through permanent and construction related impacts during build -out period; 2. Direct and indirect total output or sales within the area is expected to average $183.1 million each year during build -out; 3. The project is expected to produce 3,212 permanent and construction jobs annually after project completion; 10 i Agenda Item 4A — 4. Approximately $275.5 million in output/total sales and approximately $95.2 million in earnings is expected after project build -out; 5. Estimates of approximately 40 percent or 1300+ jobs are expected to be within the high wage category, as defined by the Economic Development Council of Collier County ($43,339+ annually); and 6. A significant number of employees for the jobs generated by the project will come from the Immokalee area. Immokalee Area Master Plan (TAMP) — Goals, Objectives and Policies: Goal 1: To guide land use so as to enhance Immokalee's ... status as an urban hub for the surrounding agricultural region.... Goal 6: Enhance and diversify the local economy of the Immokalee community as detailed in the Economic Element of the Growth Management Plan. Objective 6.1: The County shall promote economic development opportunities throughout the Immokalee Urban area. The above goals and related objectives and policies demonstrate the community's desire to diversify its local economy and establish itself as an employment center for the surrounding rural agricultural lands. [Note: The petitioners did not address the Goals, Objectives and Policies (GOPs) of the IAMP in their submittal nor did they provide data and analysis to demonstrate the proposed project furthers the GOPs in the Plan, as requested by staff.] • Rural Lands Stewardship Area: Stewardship Receiving Area (SRA) - Town of Ave Maria (approved) Land Use Description Units Phase 1 Phase II Final 2006 -2011 2012 -2016 Total Residential Dwelling Units 6,010 4,990 11,000 ALF Beds 450 450 Retail, Entertainment, Service S . Ft. 367,900 322,100 690,000 Professional Office (General /Medical /Financial, Sq. Ft. 276,600 233,400 510,000 etc. Warehouse S . Ft. 0 0 0 Industrial S . Ft. 0 0 0 20,913 residents w /out student population (source: Town of Ave Maria Fiscal Impact Analysis Model) 24,251 total residents - Peak (source: Fiscal Impact Analysis Model approved with the Town of Ave Maria SRA) Retail Demand Assumption: retail demand based on state average 600 sq. ft. of retail space per employee: 20,913/18.2 = 1149 employees Agenda Item 4A of 18.2 residents per employee and 1149 X 600 sq. ft. = 689,400 sq. ft. demand OR Fiscal Impact Analysis Model (FIAM) for Town of Ave Maria (TAM): [1154 employees x 598 sq. ft. per employee = 690,092 sq. ft. demand] Office Demand Assumption: office demand based on 17 residents per office employee and 600 sq. ft. of office space per employee: 20,913/17 = 1230 employees 1230 X 600 sq. ft. = 738,000 sq. ft. demand OR Fiscal Impact Analysis Model (FIAM) for Town of Ave Maria (TAM): [1719 employees x 300 sq. ft. (ranges from 250 to 350 sq. ft.) per employee = 515,700 sq. ft. demand] SRA- Big Cypress (DRI Dendina) Land Use Description Units Phase I Phase II Final 2012 -2016 2017 -2023 Total Residential Dwelling Units 3,094 5,874 8,968 Retail/ Service S . Ft. 340,580 646,608 987,188 Professional Office (General /Medical /Financial, Sq. Ft. 276,600 233,400 510,000 etc. Warehouse S . Ft. 0 0 0 Light Industrial S . Ft. 170,458 323,622 494,080 21,882 residents (source: Big Cypress DRI application) Retail Demand Assumption: retail demand based on state average of 18.2 residents per employee and 600 sq. ft. per employee: 21,882/18.2 = 1202 employees 1202 X 600 sq. ft. = 721,200 sq. (t. demand OR Fiscal Impact Analysis Model for Big Cypress: [1,651 employees x 598 sq. ft. per employee = 987,298 sq. ft. demand] 12 ) 8C Agenda Item 4A Office Demand Assumption: office demand based on 17 residents per office employee and 600 sq. ft. per employee: 21,882/17 = 1287 employees 1287 X 600 sq. ft. = 772,200 sq. ft. demand OR Fiscal Impact Analysis Model for Big Cypress: [1,898 employees x 350 sq. ft. per employee = 664,300 sq. ft. demand] Based on the above analysis, it appears there is sufficient commercial development proposed within these SRAs to meet demand. Further, any new Town, Village, Hamlet or Compact Rural Development proposed in the RLSA is required to provide commercial development to serve its residents. Justification for the proposed amendment as provided by the petitioner (refer to Exhibit V.D.5), and appropriateness of change: Fishkind and Associates prepared the commercial and industrial needs analysis for the proposed project. Business Park/Light Industrial The consultant's analysis evaluated the projected countywide industrial land use needs based on a projected population figure of 598,500 by 2030 (consistent with County's figure). The analysis assumes a 2 percent incremental workforce growth rate for each 5 year period beyond the 33.19 percent established for the workforce population in year 2005. The consultant estimates by year 2020 approximately 6,506,391 square feet of light industrial space and 813 acres will be needed countywide and by 2030 approximately 6,161,395 square feet and 770 acres will be needed. The industrial acreage deficit projected in year 2010 is 402 acres and will increase to 2,075 acres by year 2030. Commercial The consultant evaluated the commercial supply and demand characteristics within a 20- minute and 30- minute drive time. The commercial component of the Commerce Park is described as community serving with some regional serving uses, by the consultant. The findings of the Study are as follows: 1. Demand for community space in the 20- minute drive time market was based on population estimates and projections of 19,894 persons in 2005 to 29,141 persons in 2030; household estimates and projections of 5,355 households in 2005 to 7,845 households in 2030: and the market retail demand estimate and projections of 11 acres in 2005 to 16 acres in 2030; and supply estimates and projections of 46 acres in 2005 and 2030. 2. Demand for regional space in the 30- minute drive time market was based on population estimates and projection of 72,956 persons in 2005 to 106,079 persons in 2030; household estimates and projections of 25,303 households in 2005 to 36,791 households in 2030; and the market retail demand estimate and projections of 55 acres in 2005 to 96 acres in 2030; and supply estimates and projections of 0 acres in 2005 and 2030. 13 Agenda Item 4A The study concludes that the market has a current demand of 11 acres of community space and 55 acres or regional space. No additional data and analysis was provided by the petitioners to support the amendment or address the appropriateness of the change from Low Residential Designation, 4 residential units per acre (and uses generally allowed in the Urban area such as essential services, institutional uses, open space uses, etc.) to Commerce Park at Silver Strand Subdistrict, commercial and light industrial development at a maximum of 1,000,000 square feet of gross leasable floor area on 164.87+ acres. The petitioners did not address how the project furthers the goals of the TAMP, Redevelopment Plan or the State's RACEC designation; nor did they address compatibility with surrounding land use designations. Staff reviewed the Goals of the Immokalee Area Master Plan, Redevelopment Plan and Rural Lands Stewardship Area Overlay; the Economic Analysis prepared by Florida Gulf Coast University; the objectives of the Rural Area of Critical Economic Concern Designation; the existing and future development patterns on properties surrounding the proposed Subdistrict site; and the Commercial and Industrial Needs Analysis prepared by Fishkind and Associates submitted with this petition to determine if the proposed change is appropriate. (Refer to Findings and Conclusions Section of this report further below.) Environmental Impacts: The environmental report prepared by ACI, Inc. and submitted with this petition, dated March 2006, indicates the following: • The site is primarily composed of active citrus grove, with some spoil areas; isolated and degraded wetland areas; and, farm ditches. The site has three wetlands totaling 8.5+ acres. These wetlands are low quality and contain exotic and nuisance vegetation. The largest wetland (4.2+ acres) on the site and the majority of the northern wetland (2.7± acres) will be preserved. Five (5) soil units were mapped on the site: Pomello fine sand (non - hydric); Oldsmar fine sand (non - hydric); Chobee, Winder, Gator soils; Depressional (non - hydric), Holopaw fine sand (hydric), Wabasso fine sand (non- hydric), and Wabasso fine sand (non - hydric). The listed species observed on site include the american alligator and a little blue heron within the north- western isolated wetland; and an Audubon's crested caracara adjacent to the westernmost preserved wetland. Environmental Specialists with the Collier County Environmental Services Department reviewed the environmental report and provided the following comments: • No special environmental concerns are associated with the establishment of the Subdistrict on the proposed subject site. Historical and Archeological Impacts: The Florida Master Site File lists no previously recorded cultural resources in Section 15, Township 47 South, Range 29 East, Collier County, Florida. However, the Florida Dept. of State, Division of Historical Resources, cautions property owners that sites may contain unrecorded archaeological sites, unrecorded historically important structures, or both. 14 1 8 iL Agenda Item 4A Traffic Capacity, Traffic Impacts and Consistency with the GMP: The project is not consistent with the Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP), unless specific mitigating stipulations are approved. The proposed amendment would create approximately 543 PM peak hour, peak direction trips on the immediately adjacent link (Immokalee Road). Immokalee Road is a two lane undivided facility and has a current service volume of 860 trips, with a remaining capacity of approximately 445 trips between Oil Well Road and State Road 29; and is currently at LOS "B" as shown in the 2007 AUIR. The Traffic Impact Statement (TIS) assumes improvements that are consistent with the Long Range Transportation Plan (LRTP) but not consistent with projects identified in the current five year Capital Improvement Element (CIE). These roadways include Immokalee Road and Camp Keais Road. Several roadways will not have adequate capacity in the five year planning period. These roadways include Immokalee Road from Oil Well Road to SR -29, Camp Keais Road, State Road 82 and portions of State Road 29. It should also be noted that several intersections will not operate at an acceptable level of service including, Immokalee Road & Camp Keais Road, Immokalee Road and State Road 29, State Road 82 and State Road 29 and various movements at intersections along State Road 29. The project will require extensive improvements to the adjacent roadway and at the project access points. These improvements should include general roadway widening and signalization. Staff also recommends that the applicant should consider and agree to the following mitigation strategies which can be further defined at the next level of the zoning stage: 1. Inclusion of a transit center and road maintenance facility within the development; 2. Subsidized transit service for employees; 3. Dedicated transit service to Immokalee center or other appropriate locations; 4. Proportionate share payments to intersections improvements identified at the time of zoning, not expected to operate at an acceptable level of service; 5. Developer initiated Roadway widening adjacent to the project and intersections improvements to Camp Keais Road and Immokalee Road and Immokalee Road and State Road 29; and 6. Developer should dedicate the necessary right -of -way for these improvements and roadway storm water management. [This Section has been revised per an e-mail dated Thursday, March 20, 2008 from Nick Casalanguida (attached).] Public Facilities Impacts: • Water and Wastewater: The subject site is located within the Immokalee Water and Sewer District (IWSD). According to the petitioner, the IWSD has adequate capacity to serve the project. However, if adequate capacity is not available the applicant intends to provide service on -site on a temporary basis. • Solid Waste: The service provider is Immokalee Disposal, Inc. The 2007 AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the required lined cell capacity. The project's anticipated build -out is projected in 2016. • Drainage: The agent states that the drainage system designed to serve the Commerce Park has been approved by South Florida Water Management District ( SFWMD). Future development is expected to comply with the SFWMD and /or Collier County rules and regulations that assure controlled accommodation of storm water events by both on -site and off -site improvements. 15 Agenda Item 4A r • Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density. Therefore, no additional demand for services is anticipated. EMS, Fire, and Police, and County Jail: The subject project is located within the Immokalee Fire Control District. The nearest fire station and EMS services are available at 502 New Market Road East, approximately 2.5 -road miles northeast of the site. The project will be served by the Collier County Sheriff's Department, located at 112 1s` Street South, approximately 1.75 miles north of the site. The proposed subdistrict is anticipated to have minimal impacts on safety services and jail facilities. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on February 4, 2008, at 6:00 p.m., after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. There were no attendees at the NIM, held at the Immokalee Community Park, located at 327 1st Street North. The meeting ended at approximately 6:15 p.m. [Synopsis prepared by M. Mosca, Principal Planner] FINDINGS AND CONCLUSIONS: • Approval of this request to add 1,000,000 square feet of light industrial and commercial uses at the subject location is inconsistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, unless traffic mitigation is agreed to by the applicant and approved by the Board of County Commissioners. The IAMP Land Use Designation Center — Mixed Use Subdistrict and for the local and regional population. Plan target these specific areas Residential Subdistrict does not allo, rather low density residential develo and rural lands. Description Section clearly identifies the Commerce Industrial District as the intended employment centers Goals contained in both the IAMP and Redevelopment for economic development. Conversely, the Low v intensive commercial and industrial development, but )ment intended to serve as a transition between urban The TAMP and the Redevelopment Plan contain goals and related objectives that can be construed to encourage or promote economic development throughout the Urban area — Goal 1 and Objective 6.1 of the IAMP and the Economic Goal and Objectives of the Redevelopment Plan. Based on the industrial analysis prepared by the petitioner and the analysis prepared by Florida Gulf Coast University, business park acreage is needed currently and in the future to support countywide employment growth. Business Park uses may be deemed appropriate on the subject site, if the project is found consistent with the Transportation Element, and the agent agrees to provide buffering and land use transitions as part of the project's overall design and development. 16 Agenda Item 4A" Based on staff's analysis of the existing and future commercial acreage allowed by the IAMP and the proposed commercial development approved and allowed within the RLSA, there is sufficient commercial acreage available to serve the community and regional markets. Based on the Fiscal Impact Analysis Model, high wage jobs will be created and TIF revenues generated (which furthers the goals of the CRA Plan and RACEC Designation). LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2006 -1 to the Board of County Commissioners with a recommendation to not transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict (single underline text is added, as proposed by petitioner; double underline text is added, as proposed by staff; double text is deleted, as proposed by staff for proper code language, format, clarity, etc.): B. Urban — Commercial District 2. Commerce Park at Silver Strand Subdistrict This Commerce Park at Silver Strand Subdistrict (CPSSS) consists of approximately commercial uses specifically tailored to serve development within the Rural Lands landscaped areas provide €er buffering wW foLeniovment by the employees and patrons of the commerce park. The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1.000,000 square feet. b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent c. The CPSSS shall be permitted to develop with a maximum of 30 percent Secondary Uses as identified in paragraph h. below. d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) and access to this arterial road shall be consistent with Policy 7.1 of the Transportation Element. e. The CPSSS shalt is encouraged to utilize PUD zonino and shall include within the CPSSS: this Subdistrict. 17 Agenda Item 4� 'J" 2. Automotive RLepair 9shops (oQroups 7532 -7539) 3. Business Sservices (4-Groups 7311. 7352 -7359 and 7371 -7379) 4. Motor freight transportation and warehousing (gGroup 4225 — mini - storage and self — storage only) subject to the following: a. Metal roll -up garage doors, visible from a public right -of -way, are prohibitec b. Buildings are limited to 100 feet in length when adjacent to a residential zoning district or residential use. Wholesale or retail sales and office uses are prohibited in units designed for storage. Outdoor storage is limited to boats, recreational vehicles and other 5. Motor Vvehicle Ddealers (e -Groups 5511 -5521) 6. Lumber and other building materials dealers (eGroup 5211: outdoor storage not permitted in a front yard) Ornamental floriculture and nursery products (eGroup 0181) g. Retail Sales and /or display areas as accessory uses to the primary uses set forth in paragraph (f.), sbaLnot to exceed an area greater than 30 percent of the gross floor area of the permitted principal use. h. 1 All t?2ermitted 9secondary Uuses of the Business Park azoning dDistrict of the Land Development Code in effect as of the date of adoption of this Subdistrict. 2. All Permitted Uses of the Commercial Professional and General Office (C -1) adoption of this Subdistrict. 18 Agenda IteAC A SECOND ALTERNATIVE, preferred by staff, if the proposed project is deemed consistent with the Transportation Element of the Growth Management Plan, is as follows (modified by staff, but not depicted in double underline and double ripike thmwgh format): B. Urban — Commercial District 2. Business Park at Silver Strand Subdistrict This Business Park at Silver Strand Subdistrict ( BPSSS) consists of approximately supporting commercial uses, to serve development within the Rural Lands Stewardship Area and the Immokalee Urban area Development within this Subdistrict will resemble a park -like environment with low structural density, where landscaped areas provide for buffering and eniovment by the employees and patrons of the business park The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1,000,000 square feet b The maximum gross building coverage for the BPSSS shall not exceed 45 percent c The BPSSS shall gain its principal access from Immokalee Road (CR 846) and specific standards for buffers landscaping open space signage lighting screening of outdoor storage parking and access management e. Allowed Uses within the Subdistrict shall be limited to: 1. Permitted Primary Uses of the Business Park znninn rtictrirt of the i nnri 2. Retail sales and /or display areas as accessory uses to the permitted primary uses, not to exceed an area greater than 20 percent of the gross floor area of the Permitted primary use. area greater than 30 Percent of the gross floor area of the permitted primary use f. Project boundary setbacks and buffering shall be incorporated into the project's design to provide a transition between the Business Park development and the adjacent Low Residential and Agricultural /Rural designated areas g. A community entry feature /sign with landscaping shall be included in the project's design. 9 Agenda Item 4A PREPARED BY: DATE: MICHELE MOSCA, AICP-,TMNdPAL PLANNER COMPREHENSIVE PL ING DEPARTMENT REVIEWED BY: DA AVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: r � RANDALL COH AICP, DIRECTOR DATE: COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: t nom u 1711 - ��' Luo. DATE: 3- 14--bb MARJ IE M. STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY APPROVED BY: Ar� DATE: l O EPH K. SCHMI T, ADMINISTRATOR COMMUNITY DEVELOPMENT & LENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: P. STRAIN, CHAIRMAN Petition No: CP- 2006 -1 Staff Report for the March 24, 2008 CCPC Meeting Note: This petition has been scheduled for the April 8, 2008, BCC Meeting. 8CPage , 1 of From: CasalanguidaNick Sent: Thursday, March 20, 2008 4:00 PM To: MurrayRobert; SchifferBrad; ReedCaronDonna; WolfleyDavid; VigliottiRobert; MidneyPaul; StrainMark; Thomas Eastman; 'norskitor @aol.com'; 'Lindyadel @cs.com'; 'pmidney @collier.org' Cc: MoscaMichele; weeks d; CohenRandall; George Varnadoe; MarcellaJeanne Subject: Silver Strand Business Park Importance: High CCPC Members, Transportation staff will be present at the Monday meeting to answer any questions. Staff has met with the applicant and has updated the review for the transportation section to include the following language belov Thank you, Nick "The traffic impacts associated with the Silver Strand GMPA application can not be considered consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) unless specific mitigating stipulations are also approved. The proposed amendment would permit the application of a future rezone application and subsequent development order that would create approximately 543 PM peak hour, peak direction trips on the immediately adjacent link ( Immokalee Road). Immokalee Road is a two lane undivided facility and has a current service volume of 860 trips, with a remaining capacity of approximately 445 trips between Oil Well Road and State Road 29; and is currently at LOS `B" as shown in the 2007 AUIR. The Traffic Impact Statement (TIS) assumes improvements that are consistent with the Long Range Transportation Plan (LRTP) but not consistent with projects identified in the current five year Capital Improvement Element (CIE). These roadways include Immokalee Road and Camp Keais Road. Several roadways will not have adequate capacity in the five year planning period. These roadways include Immokalee Road from Oil Well Road to SR -29, Camp Keais Road, State Road 82 and portions of State Road 29. It should also be noted that without improvements, several intersections will not operate at an acceptable level of service including, Immokalee Road and Camp Keais Road, Immokalee Road & State Road 29, State Road 82 & State Road 29 and various movements at intersections along State Road 29. The project will require extensive improvements to the adjacent roadway and at the project access points. The improvements should include general roadway widening and signalization. Staff recommends that the applicant agree to consider one or more of the following mitigation strategies to be further defined at the rezoning stage: 1) Inclusion of an on -site transit center to serve the development. 2) Dedication of land for a future road maintenance facility within the development or off -site. 3) Subsidized transit service for employees. 4) Dedicated transit service to Immokalee center or other appropriate locations. 5) Proportionate share payments intersections improvements identified at the time of zoning not expected to operate at an acceptable level of service. 6) Developer initiated Roadway widening adjacent to the project and intersections improvements to Camp Keais Road & Immokalee Road and Immokalee Road _ and State Road 29. 7) Dedicated right of way for these improvements and roadway storm water management. 3/20/2008 Page 2 of However, it should be noted that the facilities identified as failing in the review are not identified in the Long Range Transportation 2015 Financially Feasible Plan. Changes currently being considered by the Department of Community Affairs that alter the ability of the County to collect impact fees, regulate growth and maintain concurrency would significantly hinder the County's authority to require improvements at a later stage of approval consistent with maintaining a satisfactory level of service. Staff would cautiously recommend to the Board of County Commissioners that it would be consistent to transmit this project with the stipulation in the above paragraph but that prior to adoption, the County will evaluate the project for consistency with the current rules and assess financial feasibility to construct the necessary improvements that would be required to maintain the current level of service standards." 3/20/2008 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE - APPLICATION CONFERENCE DATE DATE SUFFICIENT This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 941- 403 -2300 (Fax 941- 643 - 6968). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97- 431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941 - 403 -2300. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Company Silver Strand If Partnership Address 2600 Golden Gate Parkway, Suite 200 City Naples State Phone Number 239- 262 -2600 Fax Number B. Name of Agent * _George L. Varnadoe ESQ Company Cheffv Passidomo Wilson & Johnson LLP Address 821 Fifth Avenue South, Suite 201 Zip Code 34105 City _Naples State FL Zip Code _34102 _ Phone Number 239-261-9300 Fax Number 239- 261 -9782 Name of Agent * Dominick J. Amico, Jr., P.E Company Agnoli Barber & Brundage Inc Address 7400 Tamiami Trail North, Suite 200 City _Naples State _FL Zip Code _34108 Phone Number 239-597-3111 Fax Number 239 - 254 -2829 * THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. C. Name of Owner (s) of Record Silver Strand III Partnership Address 2600 Golden Gate Parkway, Suite 200 City Naples State FL Zip Code _34105 Phone Number 239 - 262 -2600 Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. See attachment. • II. Disclosure of Interest Information: N A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership See attachment 0 E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address G. Date subject property acquired (X) leased ( ): 9/1990 Term of lease yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: _ or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3 III. DESCRIPTION OF PROPERTY: ift tj tit A. LEGAL DESCRIPTION See attachment. Section 15, Township 47 S Range 29 E B. GENERAL LOCATION The subject parcel is located in the southeast quadrant of the intersection of Immokalee Road ICR 846 and Stockade Road. C. PLANNING COMMUNITY Immokalee D. TAZ 383 & 385 E. SIZE IN ACRES 164.87± F. ZONING —A-MHO G. SURROUNDING LAND USE PATTERN To the east, south and west (across CR 846) are active agricultural fields; to the north and east are active agricultural fields which are currently being reviewed for a Conditional Use for a concrete manufacturing facility; and County facilities form another portion of the northern border. H. FUTURE LAND USE MAP DESIGNATIONS (S) Existing FLUM: Urban - Residential Designation, Low Residential District IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Traffic Circulation Sub - Element Aviation Sub - Element _ Sanitary Sewer Sub - Element Solid Waste Sub - Element Capital Improvement Element _ Future Land Use Element X Immokalee Master Plan Recreation /Open Space Mass Transit Sub - Element Potable Water Sub - Element NGWAR Sub - Element Drainage Sub - Element CCME Element Golden Gate Master Plan AMEND PAGE (S) _10 OF THE _ Immokalee Area Master Plan of the Growth Management Plan ELEMENT AS FOLLOWS: (Use Cis to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban - Residential Designation Low Residential District TO Urban - Commercial Designation, Commerce Park at Silver Strand Subdistrict D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) E. DESCRIBE ADDITIONAL CHANGES REQUESTED: V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I" =400'. At least one copy reduced to 8-1/2 x 1 1 shall be provided of all aerials and /or maps. A. LAND USE X Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. X _ Provide most recent aerial of site showing subject boundaries, source, and date. X Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION X Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL X Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT- FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. X Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and /or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and /or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J- 11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J- 11.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J -1 1.006(1) (a) 7.a, F.A.C.) N__ . Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S. ? (Reference 9J- 11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y Does the proposed land use cause an increase in density and /or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J -1 1.007. F.A.C.) MOO E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: X Potable Water X Sanitary Sewer X Arterial & Collector Roads; Name specific road and LOS _Immokolee Road (CR 846) _X Drainage _X Solid Waste _X Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and /or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1. 1.5) 2. X Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. X Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: _D Flood zone based on Flood Insurance Rate Map data (FIRM). _N/A Location of well fields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) _WA Traffic Congestion Boundary, if applicable N/A Coastal Management Boundary, if applicable _N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION _X $16,700.00 non - refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) $9,000.00 non - refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) _X Proof of ownership (copy of deed) _X Notarized Letter of Authorization if Agent is not the Owner (See attached form) X 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application vAll be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 " =400' or at a scale as determined during the pre - application meeting. LETTER OF AUTHORIZATION°] TO WHOM IT MAY CONCERN I hereby authorize George L. Varnadoe, Esquire, Dominick J. Amico, Jr., P.E. and Robert J. Mulhere AICP (Names of Agents) to serve as my Agents rd a request to amendllier County Growth Management Plan affecting property ide If d ation. Signed: Date: By: Paul arinelli (Name of Owner(s) of Record) I hereby certify that I have the authority to make the fore ng ap liif,", on, and that th application is true, correct and complete to the best of my knowledg Signat e of Applicant PAUL J. MARINELLI STATE OF COUNTY OF r- Sworn to and subscribed before me this � `"� tk by i rt,�- L.�.- ( i ..I c ' Notary Public CHOOSE ONE OF THE FOLLOWING: who is personally known to me, who has produced and did take an Oath did not take and Oath Name - Typed or Printed of j,d °u cc-� .}9 -;1 C' G MY COMMISSION EXPIRES: CAROLYN A. SHAW 4" MY COMMISSION # DD 678612 .,a EXPIRES' September 25,2011 t!'4't, std:` Bonded ihru NOrary Pbno undendtors NOTICE - BE AWARE THAT: identification Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor pf the second degree, punishobfe as provided by a fine to a maximum of 17.500.00 and /or maximum of a sixty day jall term." MEETING L3OTES COLLIER COUNTY 8c J ATTrE1NDANCE(prin name cl a ly) 1Y l�Gq�, f � �S� KEY POINTS /UNDERSTANDINGS /CONCLUSIONS _ CO K4 .af : Lin Aa lkdfe 213- ?Ws 1 I d e ✓ c5 Fre+. d /�wa. a ✓sh a �r `L!/Yl!►tuktwEee i-ree- Xttp -gk✓ Pies -.1 &b dis f-r r c4- gwc #9t Y 4�, C,& rr emi,k I1cec — 0 f-r l S 6 > 15 9u &A-e � -e h4-,f94 /-&-4 itf&A !®e.r.4ldted w/r 6 -rct- �r ®ohm t�J -t ids . #ro tee 4- ogcS u * * ** DEVELOPt BENT SERVICES DEPARTMENT * *** DATE TIME 7�� NOTES BY �g ® f� fC.(, LF' 4� ,$tCc., TOPIC OF MEETING �liiiBl ®fGCA,GG�' A� �V�P� 9� ATTrE1NDANCE(prin name cl a ly) 1Y l�Gq�, f � �S� KEY POINTS /UNDERSTANDINGS /CONCLUSIONS _ CO K4 .af : Lin Aa lkdfe 213- ?Ws 1 I d e ✓ c5 Fre+. d /�wa. a ✓sh a �r `L!/Yl!►tuktwEee i-ree- Xttp -gk✓ Pies -.1 &b dis f-r r c4- gwc #9t Y 4�, C,& rr emi,k I1cec — 0 f-r l S 6 > 15 9u &A-e � -e h4-,f94 /-&-4 itf&A !®e.r.4ldted w/r 6 -rct- �r ®ohm t�J -t ids . #ro tee 4- ogcS u SIGN IN SHEER T DATE: 1/191 06 Name Address/E -mail Address Phone # Ii I_��f.:JL�:��F�i4��_ ��- 771Y��a! 5/ �. L! �JP111J1I •_d•TL[�J�IIRd4�/A,T��I /��L� STVAfL'r Mtt^u4� STJnntM�!�Ja, �fii�YJ+J/ki�t•2✓�.'t�/. ��I�� -6 IV�G S�m�ridje noc�S }vrt�r }��enowlsaY�Nvl let .�o,� 6ER 4�`P6 STAFF MEMBERS Name �u --ug 2al2 E Al, i CO Fer�ffa�clei AGV, C /�s9 L�iaJGvtc� Department v v Dec 14 05 11a27e Collier Coo ADDRESSING 544 -659 -5724 Pot n 12/10/2005 20:42 2542829 ABB PLANNING PAGE e2/04 lS C VVV ADDRTSSWG CHEC .I.w o P� sa - Av,Please followtvg acid submit for review to the Addressing Section at 2500 North Horseshoe Drive or fax to (239) 659 -5724, Not all items will apply to every nrn;ece Items in bold tune are required. Completed addressing checklist is required at the Pre- Application meetirig, I.Legal description of subject property or properties (copy oflenr?thy description may be attached) Section 15 Townshi d7 Ran 29 A porlion of this 469+ acres will be used for a business parer 2. Folio (Property ID) pnmbar(s) of above (attach to, or associate with, legal description ifmore than one)_ 00137640003 3. Street address or addresses (as applicable, ifalready assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right -of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name(ifapplicable) 7. Proposed Street names (if applicable) 8. Site Development Plan. Number (FOR EXISTING PROJECTS /STfES ONLY) SDP 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (SDP Insubstantial Change) ❑ SIP (Site Improvement Plan) ❑ SIPI(SIPlfnsubstantial Change) ❑ SNR (Street Name Change) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezoue, PUD rezone, etc.) (T Other - Describe: %atfokX 4-A PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right- of- Waypermit) EXP (Excavation Permit) VRSFP (Veg. Removal & Site Fill Permit) TDR (TransferofDevelopmentRig],xty) 10. Projector development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed, or existing) _ _ 11. Please Check One: Checklist is to be Faxed Back ❑ PersonaIly Picked Op 12. Applicant Natne lane $,Eichhotn Phone 597 -3111 Fax 254 -2829 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review bythe Addressing Section. FOR STAFF USE ONLY Primary Number Z.Z�SZ Address Number Address Number Address Number Approved by Date ? '.— iu_ -p i CHECK NO. 001903 Silver Strand III Partnership _ $ o. 001903 INVOICE f041206 - NVOIDE DESCRIPTION INVOICE AMOUNT DISCOUNT Bl.LANCE - ADE 4/12/2006 $16,200.00 $0.00 $16,200.00 LICATION FEE R, E C IF E:;D PLEASE DETACH BEFORE DEPOSITING Fi2672ee cut SILVER STRAND III PARTNERSHIP 2600 GOLDEN GATE PARKWAY NAPLES. FLORIDA 34105 -3227 ""16,200 Dollars And 00 Cents PAY TO THE ORDER OF CHECK NO .0 019 0 3 F BOARD OF COUNTY COMMISSIONERS DEVELOPMENT SERVICES DEPT. RE: COMPANY #278 2800 NO. HORSESHOE DR. Na PT F.0 FT. '141 n4 No. 001903 63 -1016 670 Orion Bank Naples, Florida VENDORCC BD COM- DE14tCKDATE 4/13/2006 AMOUNT $ $16,200.00 11300190311' 1:0670101691® 830001484511® Community Development and Environmental Services Department of Comprehensive Planning July 14, 2006 Mr. George L. Varnadoe, Esquire and Mr. Fred Reischl, AICP Cheffy Passidomo Wilson & Johnson, LLP Agnoli, Barber & Brundage, Inc. 821 Fifth Avenue South, Suite 201 7400 Tamiami Trail N., Ste. 200 Naples, FL 34102 Naples, FL 34108 RE: Sufficiency Review of Application for Comprehensive Plan Amendment (Immokalee Area Master Plan) Petition #CP- 2006 -1, Business Park at Silver Strand Subdistrict. Dear Gentlemen: Pursuant to Paragraph B.3. of Resolution #97 -431, this letter is to inform you that the referenced Application is deemed insufficient. The following items need to be corrected, addressed, or added: 1. General Information I.D: Label — Exhibit I. D. 2. Disclosure of Interest Information II.D: • Label — Exhibit II. D. • Provide a copy of the Articles of Incorporation or other documentation which identifies the authorized representative for the Silver Strand III Partnership. • Provide a list of all beneficiaries to the Juliet C. Sproul Testamentary Trust. • Provide trustees and beneficiary information for Citrust. 3. Description of Property III.A: • Label Exhibit — III. A. • Revise Legal Description text to read, "containing 164.87 acres of land..." 4. Description of Property III.E: Revise to reflect correct acreage — 164.87 acres. 5. Description of Property III.G: Identify whether surrounding land use patterns are located north, south, east, or west of the subject project. 8C 6. Description of Property III.H: Revise to read, "Urban — Residential Designation, Low Residential District' 7. Type of Request IV.A: Remove the "X" indicating a Future Land Use Element amendment, as this is an Immokalee Area Master Plan amendment only. 8. Type of Request IV. B: • Revise to read, "Immokalee Area Master Plan of the Growth Management Plan" • Label — Exhibit IV. B. 9. Type of Request IV.C: Add text to read, Amend Future Land Use Map From: "Urban - Residential Designation, Low Residential District" To: "Urban - Commercial Designation, Business Park at Silver Strand Subdistrict" 10. Type of Request IV. D: Provide a site map of the proposed Subdistrict — label Exhibit IV. D. 11. Required Information V.A.1: • Label — Exhibit V.A.1. (If combining attachments /exhibits, label accordingly - i.e. Exhibits V.A.1 & V.A.2 & V.A.3) • Provide source on map. • Provide legend /summary table or label property with existing land use (e.g. A- MHO /PU — Collier County Landfill, or A -MHO —Farm Land /citrus crops, and etc.) • Exhibit V.A.3. must include required information for all properties located within 500 feet (not 300 feet as listed on the GMPA submitted) of the boundaries of the subject project. (GMPA application was revised in 02/2002, if necessary refer to Comprehensive Planning's website.) 12. Required Information V.B: • Label — Exhibit V.B. • Provide source on map • Add Urban Designation before Low Residential District (Urban /Low Residential District). • Add Rural Lands Stewardship Area Overlay after Agricultural /Rural Mixed Use District (Agricultural /Rural Mixed Use District, RLSA Overlay). 13. Required Information - Exhibits V.C.1. and V.C.2 (Comments provided by the Environmental Planning Services Staff — Barbara Burgeson): • Label attachments /map exhibits — Exhibit V.C.1 and /or Exhibit V.C.2. • The environmental data submitted is sufficient for Staff review. The application provides current and adequate information on listed species for this site. The presence of listed species on site will require technical assistance from the appropriate state or federal agency concerning the American Alligator and Crested Caracara. (z 14. Required Information V.C.3: Although not required on the GMPA application submitted, the revised GMPA application (dated 2/2002) requires the applicant to submit a Quadrangle map of the subject area and obtain a letter from the Florida Dept. of State, Division of Historical Resources, stating there are no previously recorded cultural resources, etc. within the subject project. (Staff will continue to process the application, but will need the required letter from the State prior to Adoption Hearings. A sample response letter from the State is attached for your review). 15. Growth Management V. D.5: • Label —Exhibit V.D.5. • Update Fiscal Impact Analysis Model with current assumptions, such as, population figures, impact fee data, and etc. • Provide a drive time map(s) that includes a scale, roadways, and other identifying features that will assist staff in determining the market boundary for the project. • Provide raw data, such as, but not limited to, population, household income, retail household expenditures, supportable square feet based on retail expenditures, income expenditure percentages, developed /non - developed commercial acreage, developed /non - developed Industrial acreage, and etc., for each market area (i.e. 20 minute drive time and 30 minute drive time). 16. Public Facilities V.E.1, a -f: • Label Map Exhibit— V.E.2. • Label TIS —Exhibit V.E.1.c. • Label document titled Existing Services - V.E.1. a — f. and V.E.3.; provide level of service, if applicable; and, document the impacts the proposed project will have on all listed public facilities (solid waste & drainage not listed) — if none, please list the provider /public facility and state "no impacts" and provide explanation. • Provide a letter of availability for both water and sewer from the Immokalee Water and Sewer District. • Verify project commencement and build -out dates (TIS lists 2013 as the build -out date and the Fiscal Impacts document lists an 8 -year development time -line with a build out date of 2013). 17. Public Facilities V.E.1.c. (Comments provided by the Transportation Planning Staff —Don Scott): The assumptions made in the TIS are not correct and therefore change the conclusions. There are significantly impacted roadway segments that will not be widened by the build -out of the applicant's project though they have assumed they will be. Staff needs an analysis that identifies when there is a deficiency and how that deficiency will be mitigated (specifically the significantly impacted links of Camp Keais Road and Immokalee Road from Camp Keais to SR 29). 18. Supplemental Information V.G.5. Provide original Notarized Letter of Authorization for the Silver Strand III Partnership - authorized representative. (If the authorized representative is Mr. Paul J. Marinelli, nlPasp dismnnard renuesfl 8Ct� Please address and /or provide the information as outlined above by July 28, 2006 (re- submittal must include the original and a minimum of 3 complete copies of the application package). Please note this letter is only to advise of a sufficiency finding, not to comment or advise on issues or concerns pertaining to the requested text and /or map amendment to the Comprehensive Plan (]AMP) to create the Business Park at Silver Strand Subdistrict. Additionally, pursuant to Section 10.03.05F1 of the Local Development Code, adopted on June 8, 2005 (Ordinance #05 -27), there is now a requirement that the applicant coordinate, through the Community Planning Coordinator, Linda Bedtelyon, the holding of a Neighborhood Information Meeting. This Neighborhood Information Meeting will be the responsibility of the applicant. You may contact Ms. Bedtelyon at 213 -2948 if you have any questions. The timing of the Neighborhood Information Meeting should be such that it occurs just prior to the transmittal hearings which are held before the Collier County Planning Commission and the Collier County Board of County Commissioners. The "original' submittal document may be picked up at the Planning Reception Area located at the Community Development and Environmental Services Division. Should you have any questions, please feel free to contact me at 403 -2466. Sincerely, Michele R. Mosca, AICP Principal Planner CC: CP- 2006 -1 File David Weeks, AICP, Planning Manager, Comprehensive Planning Department Linda Bedtelyon, Community Planning Coordinator AGNOLI U G ARBER & PN: 05 -0125 RUNDAGE, nNc Professional Engineers, Pianners & Land Surveyors 7403 tan ianii TrUl North, Naples, H. 34108 Phone: (239) 597 -311 Fax: 1239) 566 -2203 9990 Coconut Road. Bonito Springs, Fl. 34135 Phone: (239) 597 -31 1 1 Fax:(239) 498 -2726 LETTER OF TRANSMITTAL TO: George Varnadoe, Esquire Cheffy Passidomo Wilson Johnson LLP 821 Fifth Ave South, Suite 201 Naples, FL FROM: Fred Reischl DATE: October 24, 2006 PROJECT: Commerce Park at Silver Strand GMP re- submittal documents WE ARE SENDING YOU VIA U.S. MAIL X COURIER OVERNIGHT DELIVERY PICK UP HAND DELIVERY O Comments: Attached is your copy of the GMP resubmittal for Commerce Park at Silver Strand. Please call me if you have questions. Thank you. Signed: Fred INC i'ru— sional engineers, planners, surveyors C mappers October 23, 2006 Ms. Michele R. Mosca, AICP Principal Planner Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Commerce Park at Silver Strand Sufficiency Review Growth Management Plan Amendment (Petition # CP- 2006 -1) A13B PN 05 -0125 Dear Ms. Mosca: Thank you for providing us a copy of staff comments regarding (hnmokalee Area Master Plan) Petition #CP- 2006 -1, Commerce Park at Silver Strand. Our responses to each comment are provide below in bold italics and the original and three (3) complete copies are included as requested. 1. General Information I.D: Label —Exhibit I. D. Exhibit Labeled 2. Disclosure of Interest Information II.D: • Label — Exhibit II. D. Exhibit Labeled • Provide a copy of the Articles of Incorporation or other documentation which identifies the authorized representative for the Silver Strand III Partnership. "Action by unanimous consent and designation of authority of Silver Strand III `partnership" is provided authorizing Paul J, Marinelli as the Chief Executive Officer • Provide a list of all beneficiaries to the Juliet C. Sproul Testamentary Trust. Juliet C. Sproul is the sole beneficiary of the Juliet C. Sproul Testamentary Trust • Provide trustees and beneficiary information for Citrust. Citrust is a Louisiana Partnership. The ownership details have been provided Main Office: '400 Tamiami Trail N., Suite 200, Napl ,, Florida 34108 .239) 59' -;111 FAX: (239 066 - 203 Lee County: 9990 Coomut Road, Snitt 103, B..nim Sljringa, Florida 34 135 42301 945 -5663 FAX: 12391 495 -_':26 3. Description of Property III.A: • Label Exhibit — III. A. Exhibit Labeled + Revise Legal Description text to read, "containing 164.87 acres of land..." A revised "Sketch and Description" is provided. 4. Description of Property III.E: Revise to reflect correct acreage — 164.87 acres. -5. Description of Property III.G: Identify whether surrounding land use patterns are located north, south, east, or west of the subject project. Additional information regarding and use locations has been added. 6. Description of Property III.H: Revise to read, "Urban — Residential Designation, Low Residential District" Section IILH has been revised 7. Type of Request IV.A: Remove the "X" indicating a Future Land Use Element amendment, as this is an Immokalee Area Master Plan amendment only. The "X" has been removed 8. Type of Request IV.B: • Revise to read, "hnmokalee Area Master Plan of the Growth Management Plan" Revision has been made. Label — Exhibit IV. B. Label has been adder. 2 8C- 9. Type of Request N C• Add text to read, Amend Future Land Use Map From: "Urban - Residential Designation, Low Residential District" To: "Urban - Commercial Designation, Business Park at Silver Strand Subdistrict" The requested text has been added. 1,0. Type of Request IV D: Provide a site map of the proposed Subdistrict — label Exhibit N.D. A site map of the proposed subdustrict is now provided and labeled 11. Required Information V.A.1: 4 Label — Exhibit V.A.I. (If combining attachments /exhibits, label accordingly - i.e. Exhibits V.A.1 & V.A.2 & V.A.3) Provide source on map. r Provide legend/summary table or label property with existing land use (e.g. A- MHO /PU — Collier County Landfill, or A -MHO —Farm Land/citrus crops, and etc.) s Exhibit V.A.3. must include required information for all properties located within 500 feet (not 300 feet as listed on the GMPA submitted) of the boundaries of the subject project. (GMPA application was revised in 02/2002, if necessary refer to Comprehensive Planning's website.) 12. Required Information V.B: -4 Label — Exhibit V.B. Exhibit has been labeled. x Provide source on map Source cited + Add Urban Designation before Low Residential District (Urban/Low Residential District). Addition has been made. Add Rural Lands Stewardship Area Overlay after Agricultural/Rural Mixed Use District (Agricultural/Rural Mixed Use District, RLSA Overlay). Working added. 3 -13. Required Information - Exhibits V.C.I. and V C 2 (Comments Provided by the Environmental Planning Services Staff— Barbara Burgeson)• • Label attachments /map exhibits —Exhibit V.C.1 and/or Exhibit V.C.2. The labels were added. • The environmental data submitted is sufficient for staff review. The application provides current and adequate information on listed species for this site. The presence of listed species on site will require technical assistance from the appropriate state or federal agency concerning the American Alligator and Crested Caracara. Acknowledged, however we do not believe it is required at this time. X4. Required Information V.C.3: Although not required on the GMPA application submitted, the revised GMPA application (dated 2/2002) requires the applicant to submit a Quadrangle map of the subject area and obtain a letter from the Florida Dept. of State, Division of Historical Resources, stating there are no previously recorded cultural resources, etc. within the subject project. (Staff will continue to process the application, but will need the required letter from the State prior to Adoption Hearings. A sample response letter from the State is attached for your review). A letter from DHR is attached and labeled. 15. Growth Management V.D.5: • Label —Exhibit V.D.5. The label has been added. • Update Fiscal Impact Analysis Model with current assumptions, such as, population figures, impact fee data, and etc. • Provide a drive time map(s) that includes a scale, roadways, and other identifying features that will assist staff in determining the market boundary for the project. Drive -time maps have been provided by Fishkind & Associates. • Provide raw data, such as, but not limited to, population, household income, retail household expenditures, supportable square feet based on retail expenditures, income expenditure percentages, developed/non- developed commercial acreage, • developed /non - developed Industrial acreage, and etc., for each market area (i.e. 20 minute drive time and 30 minute drive time). These data have been provided by Fishkind & Associated. 16. Public Facilities V.E.1, a -f • Label Map Exhibit— V.E.2. • Label TIS —Exhibit V.E.l.c. • Label document titled Existing Services - V.E.I. a — f and V.E.3.; provide level of service, if applicable; and, document the impacts the proposed project will have on all listed public facilities (solid waste & drainage not listed) — if none, please list the provider /public facility and state "no impacts" and provide explanation. • Provide a letter of availability for both water and sewer from the Immokalee Water and Sewer District. • Verify project commencement and build -out dates (TIS lists 2013 as the build -out date and the Fiscal Impacts document lists an 8-vear development time -line with a build out date of 2013). -17. Public Facilities V E I.e. (Comments provided by the Transportation Planning Staff Don Scott): The assumptions made in the TIS are not correct and therefore change the conclusions. There are significantly impacted roadway segments that will not be widened by the build -out of the applicant's project though they have assumed they will be. Staff needs an analysis that identifies when there is a deficiency and how that deficiency will be mitigated (specifically the significantly impacted links of Camp Keais Road and Immokalee Road from Camp Keais to SR 29). A meeting attended by Gavin Jones of Wilson Miller and Don Scott and Nick Casalanguida of Collier County resolved this issue. 18. Supplemental Information V G 5. Provide original Notarized Letter of Authorization for the Silver Strand III Partnership - authorized representative. (If the authorized representative is Mr. Paul J. Marinelli, please disregard request) Mr. Marinelli is the Chief Executive Officer. We hope this document successfully addressed staff questions regarding this project. Please call on me if you have further questions. Thank you for your help. Sincerely, AGNOLI, ER & BRUNDAGE, INC. Fr eischl, AICP Planning Director 8C 006()57 FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HIS'T'ORICAL RESOURCES Ms. Marion Almy August 23, 2006 Archaeological Consultants, Inc. 8110 Blaikie Court, Suite A Sarasota, Florida 34240 Re: DHR Project File No. 2006 -06745 / Date Received by DHR: July 27, 2006 Cultural Resource Assessment Survey of the Silver Strand Business Park Property Collier County, Florida Dear Ms. Almy: Our office received and reviewed the above referenced survey report in accordance with procedures outlined in Chapters 267 and 373 of the Florida Statutes, for possible adverse impact to cultural resources (any prehistoric or historic district, site, building, structure, or object) listed, or eligible for listing, in the National Register of Historic Places (NRHP). In March 2006, Archaeological Consultants, Inc. (ACI) conducted an archaeological and historical survey of the Silver Strand Business Park Property on behalf of Barron Collier Companies. ACI was unable to locate any new archaeological or historical sites during the course of the investigation. It is the opinion of ACI that the proposed development will have no effect on cultural resources listed or eligible for listing in the NRHP, or otherwise of historical, architectural or archaeological value. ACI recommends no further investigation of the subject parcel. Based on the information provided, our office concurs with these determinations and finds the submitted report complete and sufficient in accordance with Chapter 1A46, Florida Administrative Code. If you have any questions concerning our comments, please contact Scott Sorset, Historic Sites Specialist, by phone at (850) 245 -6333, or by electronic mail at srsorset(E ,dos.state.fl us. Your continued interest in protecting Florida's historic properties is appreciated. Sincerely, 1�z". P 4;-hL _ Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Street . Tallahassee, FL 32399 -0250 a http: / /www.fferitage.com O Director's Office Cl Archaeological Research ■ Historic Preservation O Historical Museums (850) 245 -6300 • FAX: 245 -6436 (850) 745 -6444 • FAX: 245 -6452 (850) 245{333 • FAX: 2456437 (850) 245-6400 • FAX: 245 -6433 17 southeast Regional Office 0 Northeast Regional Office 13 Central Florida Regional Office (954) 4674990 • FAX: 467.4991 (904) 8255045 . FAX: M-5044 (813) 272 -3843 • FAX: 272 -2340 A It Project Location Oe i 1 4 in,. 0 0.5 1 mile Silver Strand Business Park. Collier County, Township 47 South, Range 29 East, Section 15 (USGS Immokalee, Fla. 1958, PR 1987 and Immokalee SW, Fla. 1958, PR 1984). Silver Strand III Partnership Consultants Attorney: 8C George L. Varnadoe, Esquire Cheffy Passidomo Wilson & Johnson LLP 821 Fifth Avenue South, Suite 201 Naples, FL 34012 (239) 261 -9300 (239) 261 -9782 Eneineer• Dominick J. Amico, PE Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples. FL 34108 (239) 597 -3111 (239) 566 -2203 Planner: Robert Mulhere, AICP RWA Consulting 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 (239) 597 -0575 (239) 597 -0578 Transportation: Gavin Jones, PE, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 (239) 649 -4040 (239) 643 -5716 Environmental: Stuart Miller, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 (239) 649 -4040 (239) 643 -5716 Economic Consultant: G. Russell Weyer Fishkind & Associates 1415 Panther Lane, Suite 346/347 Naples, FL 34109 (239) 254 -8585 (239) 591 -6601 EXHIBIT LD OWNERSHIP DETAIL SILVER STRAND III PARTNERSHIP Katherine G Sproul, Juliet A Sproul & Jennifer S Sullivan, as Trustees for Juliet C Sproul Testamentary Trust Barron Collier III Michael Wells Gable Robert Blake Gable Citrust Phyllis G Alden Donna G Keller Lamar Gable Frances G Villere EXHIBIT II.D GENERAL PARTNER 25.0000% 25.0000% 6.2500% 6.2500% 12.5000% 12.5000% 12.5000% 8C 11 05/05/05 LIMITED PARTNER 0.0000% 0:0000% KEY: Option t = Corporation V Option 2 = Limited Liability Company Option 3 = General Partnership, Limited Partnership or Limited Liability Partnership CAVEAT: This document contemplates unanimous consent and with respect to Limited Partnerships contemplates signature by all limited and general partners. ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY OF a The undersigned, presently being all of the Partners of the Organization who would be entitled to vote upon the actions hereinafter set forth at a formal meeting of the Partners, do hereby consent to the following actions to the same extent, and to have the same force and effect as if adopted at a formal meeting of the Partners of said Organization: 1. Paul J. Marinelli is hereby designated as chief executive officer of the Organization ( "Chief Executive Officer" or "CEO "). The CEO shall serve the Organization at will until his death, resignation or removal from office. The CEO may be removed from office by a vote of a majority in interest of the General Partners. 2, The CEO shall have responsibility and authority for the management of all of the operations of the Organization, including, but not limited to, the following: (a) procure and maintain with responsible companies such insurance as may be advisable in such amounts and covering such risks as appropriate; (b) take and hold any assets of the Organization in the Organization name, or in the name of a nominee of the Organization; (c) borrow or lend money on behalf of the Organization; (d) execute any mortgage, bond, lease, deed or contract on behalf of the Organization; (e) assign, transfer, or pledge any debts due the Organization or release any debts due, except on payment in full; (f) compromise any claim due the Organization, or submit to arbitration, mediation or litigation any dispute or controversy involving the Organization; (g) execute and deliver on behalf of and in the name of the Organization, or in the name of a nominee of the Organization, all f -, K [ instruments necessary or incidental to the conduct of the Organization's business; (h) sell, contract to sell, lease, trade, exchange, convey, convey via warranty deed, special warranty deed, quit claim deed, bill of sale with or without warranties or other through other forms of conveyance, quitclaim, surrender, release, abandon, or otherwise dispose of, mortgage, lien, or otherwise encumber, upon terms and conditions which the CEO may negotiate and deem appropriate, any and all personal property, and any and all real property of the Organization, whether now owned or after acquired; (1) execute and deliver documents and instruments on behalf of the Organization in connection with the acquisition, disposition or encumbrance of its assets, and to execute, terminate, modify, enforce, continue or otherwise deal with any Organizational indebtedness and security interests, to sell Organization assets, and to take any other action with respect to agreements made between the Organization and any other party including, but not limited to, any lender or any affiliate thereof; (j) open, close, transfer or otherwise deal with any Organization bank or depository accounts in which all Organization funds or assets may be deposited and from which payments on behalf of the Organization shall be made; or (k) invest, reinvest, or otherwise deal with Organization funds and working capital reserves. 3. The execution by the CEO of any documents or instruments authorized by the foregoing resolution or any document or instrument executed in the accomplishment of any action or actions authorized or the execution of any amendment or modification of any such document or instrument shall be deemed to be conclusive approval thereof by this Organization and the binding act and obligation of this Organization. Provided, however, with respect to items 2(h) and 2(i) above, the CEO shall be joined by one General Partner. This Designation of Authority shall be interpreted to allow the CEO to do or refrain from any act as if the action or inaction was specifically approved unanimously by the Partners and shall remain in full force and effect until revoked in writing as set forth above. Any party dealing with the CEO, unless they have received actual notice of revocation, may act with reliance upon the authority granted to the CEO in this Designation of Authority and the undersigned hereby confirm and ratify all such acts. A party dealing with the CEO may, but need not, require that the CEO execute an affidavit stating that there has been no revocation, partial or complete termination, amendment to or suspension of this Designation of Authority. Absent actual notice of revocation, a 2 LOOR party may rely on said affidavit as to the CEO's authority to bind the Organization in all matters. This Consent Action /Designation of Authority may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. The undersigned do hereby unanimously consent and affirm that the actions set forth in the foregoing resolutions shall have the same force and effect as if taken at a duly constituted meeting of the Partners of the Organization and that this document be filed with and shall be made a part of the minutes of the Organization. Signed, Sealed and Delivered in the Presence of: Witness Signature Print NameSOMAi /,. /1]F}VO" Witness SigrVature Print Name <�Sf}�'ocYAI (4' S>ua,,) STATE OF FLORIDA COUNTY OF Lv(C.i.t &L— (Katherine G. Sproul al T for the Juliet C. SproL#TE Trust, A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this 9 "'� day Of 1134i,d14 , 2004, by he t- AIT7tCe 0. SAeut_ who is personally known to me or who have produced as identification. My Commission Expires: ?%�3JrIUL% DIANE L. VIGNEW hOMAY PUBLIC -STATE OF FLORIDA "MMISSION M CC95471S EXPIRES 71taOM 4MOOO TNRU ASA 1A88•NOTARYI 3 r" Notary Public (Type /Print Name of Notary) Commission r No.0 , 7/ Signed, Sealed and Delivered in the Presence of: Witness Signature Print Name DU540L.JJ/�'11�}T M C( . k , Witness Si ature Print Name C4fZD+V'y fliIAA-� STATE OF FLORIDA COUNTY OF C01-L-1 455 I let A. Sproul as TrusWee k fir the Juliet C. Sproul Testmentary Trust, A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this 5' "'1 day of 11)1�V, H 2004, by -/-Liu 1 E-i 4 . S1't2j0V L who is personally known to me or who have produced as i'centification. My Commission Expires: �Jl313 D()y 131ANE L. VIGNERI NOTARY PUBLIC - STATE OF FLORIDA COMMISSION R CC95471U RONDEO TtR2U ASA 1�� OTARYt M Notary Public (Type /Print Name of Notary) Commission No. ec Signed, Sealed and Delivered in the Presence of: l c 44ai,i /t4tm-'V Witness Signature Print Name S11SRttl mJ974-140 Witness Si ature Print Name 40LY K) A • S1',4k) STATE OF FLORIDA COUNTY OF 6'&t -L l Eii_. nlfer Sullivan as Trustee or the Juliet C. Sproul Testamentary Trust, A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this P6 day of f)Wltreli 2004, by • kA),t>l r =Frt .S, 6j-z1.t t,,4 A) —,who is personnl! y known to me or who have produced as identification. My Commission Expires: Ll DIANE L. VIGNERI NOTARY PU XIC -STATE OF FLORIDA COMMISSION 0 CC954716 EXPIRES 7!9312004 RONDEO THRU ASA 1.119"OTARY1 5 �l lc.2� oC • C .�Gr��; Notary Public ✓Jf !vi ,eF L.. L & f (Type /Print Name of Notary) Commission No. CC 'lam/' ? /G Signed, Sealed and Delivered in the Presence of: 4Ll 04A. Witness Signature Print Name: S4)S6l�t% Witness Slgrkure Print Name e!��OLYAI 14' STATE OF FLORIDA COUNTY OF Cu[ LfktL Barron G. Collier III A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this cY'f� day of I37t1 /LCIf , 2004, by 640,lL`U (9. 061 -LI -A'- N/ who is personally known to me or who have produced as identification. My Commission Expires: >1l3/2- to� DIANE L. VIGNERI NOTARY PUBLIC • STATE OF FLORIDA COMMISSION * CC95016 EXPIRES 7A32000 SONOEO THRII ASA 1- 88"OTAAYI N Notary Public (Type /Print Name of Notary) Commission No. L' e 95�!' ?/ (o Signed, Sealed and Delivered in the Presence of: Witness Signature' / Print Name;_o Witness Sign ture Print Name � Qo,_ y.j A . S#AtJ STATE OF FLORIDA COUNTY OF e6 _11Clf_ A4 Robert Blakeslee Gab e A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this 8;'u) day of 1y)1Jr1L'H 2004, by �'l� tz'J /3Gti?k1e �L� Qa4e3c.C_ , who is personally known to me or who have produced as identification. My Commission Expires: �!/ 3leZom f DIANE L. VIGNERI NOTARY PUBLIC -STATE OF FLORIDA COMMISSION Y CC954716 EXPIRES VIU404 DONDED THRU ASA 1- 888.NOTARY7 Notary Public ' (Type /Print Name of Notary) Commission No. ce0.`f- q`J�� M• Signed, Sealed and Delivered in the Presence of: will, 1. � � Witness Signature Pdn Named /,1 AR7-t* J' �cu o x Lie, '41iaw' Witness Signature ,t Print Name 64'dOW) /rt ' STATE OF FLORIDA COUNTY OF Michael Wells Gable A General Partner OB• THE FOREGOING INSTRUMENT was acknowledged before me this ? - "7 day of I` y /11C`/f , 2004, by /??)CNy L[JEzcS 646tC- who is personally known to me or who have produced as identification. My Commission Expires: DIANE L. VIGNERI NOTARY PUBLIC- STATE OF FLORIDA COMMISSIONNCC9547tS EXPIRES 71132004 BONDED TIIRU ASA I- M- NOTARYS _ �i y� It t, —eAz- uT /' L c- �lLLdc� Notary Public (Type /P(nt Name of Notary) Commission No. C/L Cif / " ?/( Signed,Seaied and Delivered _ 1 in the Presence of: Witness Si n ture Phyllis G. Alden Print Name _ . �� A General Partner - -_ - - -' Witness Signature P rint Name G 4-0-W P S)4 STATE OF FLORIDA COUNTY OF C'fLO EW- THE FOREGOING INSTRUMENT was acknowledged before me this '6�r1 day of i77,U j tl , 2004, by 7 -W-w S ("T , —P5)T;Z, who is personally known t2m-e -or who have produced as identification. DIANE L. VIGNERI NOTARY PUBLIC -STATE OF FLORIOA '. WMISSION S CCOWIS EXPIRES 7113MN 104DED TNRU ASA 1.88"01-ARYI 0 Signed, Sealed and Delivered in the Presence of: rz Witness Signature Print Name 3U5AA1 MJ97'U0 U. /,64C&&- Witness Sig �ku_re Print Name f�Po, 4. 5J STATE OF FLORIDA COUNTY OF d&L l611-1 Donna G. Kell A General Partner THE FOREGOING INSTRUMENT was acknowledged before me this 8-* �J day of P)ylgizea , 2004, by Qb cJJ 9 CZ C-I -- who is personally known to me or who have produced as identification. My Commission Expires: `i /�3b&6-�/ DIANE L VIGNERI NOTARY PUBLIC - STATE OF FLORIDA cONU93610N9Cc954778 EXPIRES 7NO20O4 eONOEO TXRUASA 74BaNOTARyi 10 Notary Public (Type /Print Name of Notary) Commission • Signed, Seated and Delivered in the Presence of: 14444, �- A4tM Wifiess Signature Print Name 5t,G0 tJ ZV O Witness Sig ature Print Name (�4-1�61yN STATE OF FLORIDA COUNTY OF OQLLI tkL-- CI TRU ST A General Partner By: Chi`istopher D. Villere THE FOREGOING INSTRUMENT was acknowledged before me this Soh day Of P91iiI&H , 2004, by CNIVIS77j 17. OU Ax'E , who is personally known to me or who have produced as ide' t if ea-ffion. My Commission Expires: `) // 3/2 ocz j DIANE L. VIGNERE NOTARY PUSLIC • STATE OF FLORIDA COMMISSION Y CC954716 UPIRESTIMIM 4014DED THRU ASA i4"OTARYI 11 Notary Public (Type /Print Name of Notary) No Commission No. ClSzf/ JOE Signed, Sealed and Delivered in the Presence of: Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA COUNTY OF CITRUST A General Partner By: Lamar G. Villere THE FOREGOING INSTRUMENT was acknowledged before me this day Of , 2004, by , who is personally known to me or who have produced as identification. Notary Public (Type /Print Name of Notary) My Commission Expires: Commission 12 Signed, Sealed and Delivered in the Presence of: Witness Signature 1 Print N, ame sv5f�a/ Witness Sig ature Print Name CF12pze/ /4 STATE OF FLORIDA COUNTYOF C'GL�ic .w- CITRUST A General Partner J" By: Mathilde Villere THE FOREGOING INSTRUMENT was acknowledged before me this /� day of /71/.JIX 14 2004, by 11JyT /t/zU 4'ic� � C�:t�G rct , who is _personally known to me or who have produced as identification. My Commission Expires: - // 3 /2ooz� DIANE L VIGNERI NOTARY PUIIUC • STATE OF FLORIDA COMMISSION Y CC954716 EXPIRES711VON BONDED THRU ASA 1US-NOTARYt 13 Notary Public (Type /Print Name of Notary) Commission No. J .21 M• I ')WNERSHIP DETAIL CITRUST General Partner General Partner Lamar G Villere Christopher Villere ra , 04/26/05 33.3330% 33.3330% General Partner Mathilde B Villere 33.3340% All "I r- i:. I �4 :Y �• t f %o annexed t zn;cx f usar/zx�a� ec< � and cn f�ca am face /anz ffe recand c,�O, amal1 afcfc3lccfl12(cce andcarrocf• - l I 1 'v IY r /1 C-1 BARRLON COLLIER CO f 8V JSg Wecxefav7 a� �fafe �f�e �rfafe c �rcaarana �cfa eye � enf � f�af a copy of an Articles of Ordinary Partnership of CITRUST A Louisiana Partnership whose principal place of business is New Orleans, Was filed and registered in this Office on April 22, 1991 at 9:41 a.m. -fn & J"' many ecllerecl- AauelexeeenlcseG "zy land and causedC/ee Meal CIMY ox /o le al red al Me �l c% J alan ✓£cuge cn, ril 22, 19'91 GM �ec�<efar�� o��lafe SAPP A COLLIER CO RLE NW#BEA / • STATE OF LOUISIANA ) ) ss.: PARISH OF ORLEANS ) CHRISTOPHER D. VILLERE, being duly sworn deposes and says: I am a general partner of Citrust , a Louisiana general partnership (the "Partnership "). The partnership was formed under the laws of the State of Louisiana on April 8 , 1991. Its partners consist of the following persons, and only the following persons: Christopher D. Villere, Mathilde B. Villere and Lamar G. Villere, a Minor. The post office address of the Partnership is: 808 First Nacional Bank of Commerce Building, New Orleans, Louisiana 70112. n ' %-- _ N RE CHRISTOP ER D. VILLERE Sworn fro before me this. cfovfApr,4 1199/1 Notary 'Pubilic FLEE SEA N07AW PUSLtc ` ORLEANS STAT� SIANA WM1ON IS FOP LIFE 1 0 a/ 8C 9d "nRGN COLDER CO FILe frLMBER i CERTIFICATE The undersigned, the general partners of CITRUST, a Louisiana partnership, hereby certify that the annexed partnership agreement of CITRUST, a Louisiana partnership, is a true copy and that no amendments have been made to it to the date of this certification. Dated: April �3 , 1991. CHRISTOP EH R D. VILLERE MATHIL E B. VILLERE LAMAR G. VILLERE, herein represented by Christopher D. Villere, as Custodian By: •� CHRIST ECHRIST E D. VILLERE V l Q^ BARflGN COLLIER CO �+ (/ FILE NUMBER Transferor's Nonforeign Affidavit STATE OF LOUISIANA ) ss. PARISH OF ORLEANS ) CHRISTOPHER D. VILLERE states, under penalty of perjury, in connection with the transfer by Citrust , a Louisiana general partnership, to Silver Strand III Partnership, a Florida partnership, of an undivided interest in land in Collier County, Florida that: I. I am a general partner of Citrust 7 2. The United States taxpayer identification number of Citrust is: TIN application pending; and 3. Citrust is not a —^ "foreign person" within the meaning of Section 1445 of the United States Internal Revenue Code. Sworn dto before me this3 cff 4f rd, 1991 Notary Public OOpWWVE LEE AK## R MOTARY PUBuc PARISH OF ORLEANS STATE OF LOUISIANA WV COMMMION t8 FOR "4) • IM.z- Christopher D. Villere 1J C ORD ARTICLES OF ORDINARY C34 CITRUST p THIS AGREEMENT of Ordinary Partnership entered into as of the p day of (? r / 1991, by and among: 1. CHRISTOPHER D. VILLERE, of full age of majority, unmarried and a resident of and domiciled in the Parish of Orleans, State of Louisiana, whose address for all purposes herein shall be 4717 St. Charles Avenue, New Orleans, Louisiana 70115; 2. MATHILDE B. VILLERE, of full age of majority, unmarried and a resident of and domiciled in the Parish of Orleans, State of Louisiana, whose address for all purposes herein shall be 4717 St. Charles Avenue, New - Orleans, Louisiana 70115; and 3. LAMAR G. VILLERE, a minor, a resident of and domiciled in the Parish of Orleans, State of Louisiana, appearing herein through Christopher D. Villere, as Custodian for Lamar G. Villere under the Louisiana Transfer to Minor's Act, whose address for all purposes herein shall be 4717 St. Charles Avenue, New Orleans, Louisiana 70115. The above parties are sometimes collectively referred to herein as ^THE PARTNERS.^ C L-77 Y ARTICLE I. Section 1.01. Formation and Interests. (a) The PARTNERS hereby enter into and form an ordinary I partnership (sometimes hereinafter referred to as the A NPARTNERSHIP°) for the limited purposes and scope set forth hereinafter. (b) The ownership of the PARTNERS in the PARTNERSHIP and their respective participation in the profits and losses thereof (hereinafter collectively referred to as "OWNERSHIP _INTERESTS„) shall, until changed by amendment of this agreement, be as follows: 1. CHRISTOPHER D. VILLERE 33.333% 2. MATHILDE E. VILLERE 33.334% 3. LAMAR G. VILLERE 33.333% Section 1.02. Purposes and Scope of PARTNERSHIP. (a) Within thirty (30) days after the recordation of this agreement, Frances G. V111ere, the mother of the PARTNERS of the PARTNERSHIP, intends to retire her interest in a certain Florida Partnership known as SILVER STRAND, III and to exchange her 12.5% partnership interest therein for an undivided one - eighth interest in a certain tract of land in the State of Florida and owned by the partnership -2- The said Frances G. BARRON COLLIE CO ' FILE NUMBER '77121- Villere has designated this partnership nCITRUSTff to receive the • said conveyance, it being her intention, with joinder of her husband, George G. Villere, to gift to her children through this partnership the said real property in Florida. Upon receipt of the aforementioned tract of land, the PARTNERS and the CITRUST PARTNERSHIP actin through the , � 4 g Management Committee thereof, shall reconvey the same one - eighth interest in the same said tract of land in the State of Florida to SILVER STRAND III In return for which CITRUST shall be designated a partner in SILVER STRAND III to the extent of a 12.5% partnership interest therein. These properties and partnership interest and any future interest in properties, movable or immovable, acquired by the PARTNERSHIP, shall be_ hereinafter sometimes referred to as the "PROPERTY OF THE qW PARTNERSHIP.„ The PARTNERSHIP, after the aforementioned transfer, shall, subject to terms and conditions of this A agreement, purchase, acquire, hold, sell, exchange or otherwise convey or transfer or deal with land, crops, timber, minerals, improvements or rights related thereto or any interest therein wheresoever located and to thereafter fully develop and utilize said property to its highest and best use as shall be determined from time to time by the Management Committee and otherwise conduct all forms of business as is permitted under the law. Specifically, but without limitation, the PARTNERSHIP shall be -3- BAggON COLLIEp CO 9 LE m1MBEq empowered to purchase, receive, hold or convey real property in • the State of Florida. For the purposes of implementing the purpose and scope of the PARTNERSHIP, the Management Committee may cause the PARTNERSHIP to form a corporation, partnership, association, joint venture, partnership in commendam, or any other business form, with the individual PARTNERS or other third parties, as may from time to time be deemed appropriate or necessary by the Management Committee. (b) Nothing in this agreement shall be deemed to restrict in any way the freedom of any PARTNER to conduct any other business or activity without any accountability to the PARTNERSHIP, even if such business or activity competes with the business of the PARTNERSHIP. Section 1.03. Name of PARTNERSHIP. The business and affairs of the PARTNERSHIP shall be conducted solely under the name of CITRUST and such name shall be used at all -times in connection with the business and affairs of the PARTNERSHIP. Section 1.04. Assumed Name Certificates. The Management Committee shall execute and file all necessary certificate or certificates required by law in connection with the use of an assumed business name. a -4- Ma '8 BAAPON COLL:EA CO FILE NUMBER %/ Section 1.05. Recordation of this Agreement. • The Management Committee shall cause this agreement or a short form thereof, together with all future amendments thereto or short form thereof as they deem appropriate, to be recorded in the Parish /County and State in which the PARTNERSHIP shall from time to time conduct business, or otherwise deem necessary to { implement the scope and purpose of this agreement. Section 1.06. Principal Place of Business. The principal place of business of the PARTNERSHIP shall be at 808 First National Bank of Commerce Building, New Orleans, Louisiana 70112. ARTICLE II. Section 2.01. Management Committee Established The PARTNERS herein establish an Initial Management Committee consisting of Frances G. Villers, wife of /and George G. Villere. This Initial Management Committee shall continue until withdrawn as hereinafter provided, and in their term of office, the Initial Management Committee shall represent the separate ownership interests of each PARTNER. Upon the revocation, retirement, or resignation of the initial Management Committee, the PARTNERS herein establish a Management Committee (the Initial Management Committee and any subsequent Management Committee hereinafter referred to interchangeably as 'Management Committee°) consisting of three persons, each representing the r" BARROK COLLIER CO FILE NUMBER 7 /v Ownership Interests of the PARTNERS as follows: (1) one • representing the interest of Christopher D. Villere; (2) one representing the interest of Mathilde B. Villere; and (3) one representing the interest of Lamar G. Villere. Each member of the Management Committee shall vote the ownership Interests which that person represents as an aggregate in one vote of all but not less than all the percentages of Ownership Interests represented. All acts of the Management Committee shall be binding on all PARTNERS and the PARTNERSHIP if authorized by a vote of 66% or more of the Ownership Interests of the PARTNERSHIP. Section 2.02. Management of the PARTNERSHIP. The sole and exclusive management of the PARTNERSHIP, except as specifically limited below, shall be vested in the Management Committee. All acts of the Management Committee shall .� be binding on all PARTNERS and the PARTNERSHIP if authorized by a a vote of 66% or more of the ownership Interest voted by the Management Committee as hereinafter provided. Section 2.03. Authority of the Management Committee. The Management Committee is hereby vested, except as to those specific limitations set forth at Section 2.09 hereof, with the sole and exclusive management of the PARTNERSHIP. Upon a vote of 66% or more of the Ownership Interests voted by the Management Committee as hereinafter provided, the Management Committee may, in the implementation of the scope and purpose of cm 9AP,p0N 11L1111 C • FILE 14Ur48E8 the PARTNERSHIP and the management thereof, among other things, • acquire, sell, lease, exchange, hold, breach, pawn, hypothecate, encumber, mortgage or otherwise exclusively and unlimitedly deal with the Ownership Interest of the PARTNERSHIP, including all its assets and PROPERTY. This authority shall specifically, but without limitation, apply to all acts necessary to carry out the activity of the PARTNERSHIP in the State of Florida. Section 2.04. Management Committee as Agents for PARTNERS. As between the Management Committee and the other PARTNERS and the PARTNERSHIP upon the vote of 66% of the Ownership Interests at a duly constituted Management Committee meeting, the Management Committee shall be authorized to carry out in-all respects the scope and purpose of the PARTNERSHIP as hereinabove provided. Pursuant thereto, all acts of the Management Committee shall be binding upon the PARTNERS and the PARTNERSHIP. Should anyone ever question the authority of the Management - Committee to deal in any respect with the -PARTNERSHIP assets, then in that event the individual PARTNERS do by these presents hereby nominate, constitute and appoint said Management Committee as their exclusive agent and attorney -in -fact with full and complete authority to do any and all things specified hereunder insofar as the same affects the PARTNERS or the PARTNERSHIP or any right, title or interest that they may have in the Ownership Interest, including but not limited to the PROPERTY to the same extent as OR -7- ' 8C EA though the instrument were personally executed by said PARTNER • and said PARTNER hereby ratifies and approves the act of said agent as though personally done by any of the said PARTNERS. Section 2.05. Term of Membership on Management Committee. Those parties designated in 2.01 above shall continue as members of the Initial Management Committee so long as the PARTNERS owning their respective interest have not revoked their designation. Upon the death, disability, resignation or revocation of their designation, all future successors designated as hereinafter provided shall own an ownership interest in the PARTNERSHIP and shall hold a term of membership on the Management Committee of not less than five (5) years after which time those PARTNERS holding Ownership Interest in that category entitled to designate said member may, at their election and upon terms and 4W/ conditions prescribed by them, remove said member and designate a successor member. - Section 2.06. Designation of Members to Management Committee. For purposes of designating a member to the Management Committee, the Ownership Interests of the PARTNERSHIP shall hereinafter be considered to be divided into three (3) categories, namely, that of (a) Christopher D. Villere; (b) Mathilde B. Villere; and (c) Lamar G. Villere. Each category of Ownership Interest as aforesaid shall have the right to designate one PARTNER to the Management Committee who shall, for purposes -8- '47ON 2"12 CO ° FILE NUM'EF of this agreement, be deemed to represent all PARTNERS who in the • future acquire Ownership Interests from or through said category. Members of the Initial Management Committee are not, and are not required to be, partners of the PARTNERSHIP nor are they required to own an Ownership Interest in the PARTNERSHIP. Section 2.07. Death, Disability or Appointment of Successor Member of Management Committee. Upon the death or disability of any member of the Management Committee, or upon the expiration of the term of any successor member of the Management Committee, those PARTNERS holding Ownership Interests in the category of said deceased, - disabled or successor appointed PARTNER, shall forthwith designate to the Management Committee one PARTNER to represent all ownership Interests in such category as a member of the rr Management Committee, which PARTNER shall thereby replace said _ deceased, disabled or successor appointed member on the Management-Committee as hereinabove established. Said PARTNER designated to the Management Committee shall, at all times; be an owner of ownership Interest in the PARTNERSHIP. Should any member of the Management Committee at any time divest himself of Ownership Interest while a member thereof, he shall forthwith cease to be a member of the Management Committee and it shall be the obligation of the PARTNERS holding ownership Interest in that category to forthwith designate a successor to the Management -9- BaFF LE NBMBEF co Committee. The foregoing ownership requirement shall not apply to the Initial Management Committee member. Section 2.08. Meetings of Management Committee. The Management Committee herein specified is authorized to designate such procedure for regular meetings, notices, and agenda as they shall deem appropriate. A special I meeting may be called by any member of the Management Committee at the principal office of the PARTNERSHIP for any week day provided notice of the special meeting is given to each member of the Management Committee seven (7) working days prior to the meeting date. Section 2.09. Limitation on Authority of Management Committee. The Management Committee shall not be authorized to voluntarily dissolve the PARTNERSHIP. The action to voluntarily dissolve the PARTNERSHIP shall be carried out only after a vote of each PARTNER and shall require 70% of the Ownership Interest approval therefor. ARTICLE III. a DURATION OF THE PARTNERSHIP Section 3.01. Term of PARTNERSHIP. Unless sooner dissolved hereinbelow set forth, the PARTNERSHIP shall continue in existence for a period of Fifty (50) years from the 1st day of April, 1991. -10- .� 6AgRpN COLLIEq CO F!LE NUMBEfl Section 3.02. voluntary Dissolution. 2/ • The PARTNERSHIP may be dissolved by notice in writing given to the other PARTNERS by the Management Committee after a duly constituted vote representing 70% of the Ownership Interests in the PARTNERSHIP as conducted among each PARTNER owning an Ownership Interest. Provided, however, that so long as there may exist a recorded mortgage of any of the assets of the PARTNERSHIP or any part thereof, the PARTNERSHIP shall not be dissolved without the consent of the holder in pledge of the mortgage note secured by such mortgage. Section 3.03. Death or Interdiction of a PARTNER. - (a) The death, interdiction, liquidation or dissolution of a PARTNER shall not affect the continued existence of the PARTNERSHIP, and the PARTNERSHIP shall continue in existence V without interruption despite such death, interdiction, dissolution or liquidation. (b) In the event of death of a PARTNER, the succession representative and thereafter the heir or heirs and /or legatees. shall be automatically substituted as PARTNER or PARTNERS in place of such deceased PARTNER and shall thereby hold Ownership Interest in the category established hereinabove. (c) In the event of the interdiction of a PARTNER, such interdict shall continue as a PARTNER acting through his newly appointed legal representative. A judicial declaration of Jo -11- 9ARflGN CGLLIER co FILE NUMBER the incompetence of the PARTNER by a competent court, and un • the laws of the state wherein he may be domiciled at the time of such declaration, shall be deemed to be an interdiction of such PARTNER for the purposes of this Section 3.03. Section 3.04. Restraint on Alienation of ownership Interest. I No Ownership Interest in this PARTNERSHIP shall be sold 0 or transferred other than by inheritance except pursuant to the following conditions: (a) The ownership of any PARTNER in the PARTNERSHIP may be transferred in whole or in part by one PARTNER to another PARTNER, or to a person, partnership or corporation not previously a PARTNER, provided such transfer be approved by the Management Committee. (b) Any PARTNER desiring to sell all or a portion of r his Ownership Interest (said PARTNER thereafter designated as "DIVESTING PARTNER") shall notify the Management Committee of his desire at which time the Management Committee shall forthwith cause an appraisal of the DIVESTING PARTNERfS Ownership Interest by the appointment of one appraiser. If the DIVESTING PARTNER and Management Committee are unable to agree on a single appraiser, then the Management Committee shall appoint a duly qualified licensed appraiser from either the State of Louisiana or the State in which the property of the PARTNERSHIP is located and the DIVESTING PARTNER shall appoint a duly qualified licensed -12- • 8C FILE C LL CO • appraiser from either the State of Louisiana or the State in which the property of the PARTNERSHIP is located. The purpose of the appraisal shall be to determine the value of the ownership Interest of said DIVESTING PARTNER at the close of the month preceding such request to the Management Committee. In determining such value, the appraiser shall follow the books and accounts of the PARTNERSHIP except as to the value of the PROPERTY of the PARTNERSHIP which shall be appraised on the basis of its use employed at the time by the PARTNERSHIP. If the two appraisers are unable to agree on a value of the ownership Interest of the DIVESTING PARTNER, they shall appoint a third appraiser whose sole determination shall be binding from which there shall be no appeal, judicial or otherwise. ✓ The value as determined by the appraisal shall Oft thereupon be certified to the Management Committee against which the cost, if any, of all appraisers shall be taxed. The Management Committee shall forthwith notify all PARTNERS (hereinafter referred to as "REMAINING PARTNERS") of their right to acquire the DIVESTING PARTNERS interest in the PARTNERSHIP. The DIVESTING PARTNER shall thereby offer his interest to all REMAINING PARTNERS at the price so appraised in the proportion to which their interest bears to the total remaining interest. The REMAINING PARTNERS shall have the right, but not the obligation, to acquire such interest in such proportions and at such value -13- BARRgN COLLIER CD FILF NUMBER '7 v for a period of thirty (30) days following their notification by • the Management Committee. During such thirty (30) days, the 04 REMAINING PARTNERS shall also have the right to acquire and thereby exercise the right of any other REMAINING PARTNER in his own category who does not desire to acquire such interest from the DIVESTING PARTNER. At the conclusion of thirty (30) days as aforesaid, any Ownership Interest not acquired by all REMAINING PARTNERS may be acquired by the Management Committee for and in behalf of the PARTNERS as their interests might appear. Should all DIVESTING PARTNER'S Ownership Interests not thereby be acquired, said DIVESTING PARTNER may sell his .interest to any bonafide purchaser for value but not for an amount less than the appraised value unless prior to the sale for such lesser amount, an offer at such lesser amount is first made to the Management Committee as above. Should DIVESTING PARTNER thereafter transfer his interest to a bonafide purchaser for value, such interest shall be transferred to him and he shall acquire his ownership Interest within the category established in Section 2.06 above and shall thereby be bound by all terms of this agreement. Section 3.05, seizure of Interest of PARTNER. (a) In the event of the seizure of the interest in the PARTNERSHIP of any PARTNER by a creditor of such PARTNER, such seizure, even though the same shall be legal, shall not, prior to -14- ** 6ARRON COLUE9 CO RIF NUMB^ER / the actual sale of the PARTNERSHIP interest so seized, pursuant • to the terms and conditions hereinabove set forth at Section 3.04(b), operate as a dissolution of the PARTNERSHIP but the PARTNERSHIP shall have the right and option prior to such sale to either (i) bond out such seizure, or (ii) satisfy the debt on j account of which the seizure was made, or expel the PARTNER from the PARTNERSHIP in the manner provided in Article IV hereof and to deposit in the Registry of the Court out of which such seizure issued, the amount due to the expelled PARTNER under said Article IV hereof. (b) In the event that the PARTNERSHIP shall elect to bond out such seizure, the PARTNER whose interest was seized shall be indebted to the PARTNERSHIP for the premiums and other expenditures of the PARTNERSHIP incurred by reason of the bonding QiW 94 out of such seizure. (c) In the event that the-PARTNERSHIP shall satisfy the debt on account of which the seizure was made, the PARTNERSHIP - shall be subrogated to all of the rights of the seizing creditors against the PARTNER whose PARTNERSHIP interest was seized with respect to the debt so satisfied by the PARTNERSHIP. -15- oAdPOq COLUEd CO FIL'c ?IUMBER � v ARTICLE IV. • WITHDRAWAL OR EXPULSION OF PARTNER Section 4.01. Withdrawal of PARTNER. A PARTNER may withdraw from the PARTNERSHIP with the written consent of the other PARTNERS owning at least 66% of the 4 ownership Interests of all other PARTNERS; provided, however, that so long as there may exist a recorded mortgage on the property of the PARTNERSHIP, or any indebtedness by the PARTNERSHIP, the said PARTNER may not withdraw from the PARTNERSHIP without the written consent of the holder in pledge of the mortgage note secured by the mortgage or by the lender to the PARTNERSHIP. Section 4.02. Expulsion of PARTNER. In the event that any PARTNER shall (i) seek to dissolve the PARTNERSHIP for alleged Dust cause, (ii) file a voluntary petition in bankruptcy, (iii) apply for or consent to the administration of a receiver, trustee or liquidator of all or a substantial part of his assets, (iv) admit in writing his inability to pay his debts as may become due, (v) make a general assignment for the benefit of creditors, (vi) file a petition or an answer seeking reorganization or arrangement with creditors or to take advantage of any insolvency law or file an answer admitting the material allegations of any petition filed against him in any bankruptcy, reorganization or insolvency proceedings, -16- [me • (vii) have entered against him an order, judgment, or decree by any court of competent jurisdiction on the application of any one or more of creditors of any such PARTNER adjudicating him a bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee or liquidator of all or a substantial part of its assets and such order, judgment or decree shall become final, (viii) have his interest in the PARTNERSHIP seized by any creditor, (ix) fail or refuse to pay his share of any PARTNERSHIP obligation, or (x) commit an act of breach of the fiduciary duty due another PARTNER or the PARTNERSHIP; then such PARTNER may be expelled from the PARTNERSHIP by written notice given him by the Management Committee reserving to said other PARTNERS all rights and remedies as they may have. ftor Section 4.03. Placing of Record of Instrument of Withdrawal - or Expulsion. No withdrawal or- expulsion shall be effective unless and until an instrument setting forth such withdrawal or expulsion shall have been placed of record in the same manner as the record of this PARTNERSHIP, which instrument shall in the event of withdrawal be executed by the withdrawing PARTNER and by the Management Committee whose consent to such withdrawal is required by Section 4.01 and which instrument shall in the event of expulsion be executed by the Management Committee. -17- 0 3 anaac >i ^auiEa co E;LE P711!ABEa Section 4.04. Amount due by the PARTNERSHIP to the �v Withdrawing or Expelled PARTNER. In the event of withdrawal or expulsion of a PARTNER, as hereinabove provided, neither the withdrawing or the expelled PARTNER nor any person claiming through such withdrawing or expelled PARTNER shall have any interest whatever in any of the assets of the PARTNERSHIP or any right to provoke or vote for a dissolution of the PARTNERSHIP as hereinabove provided, but such PARTNER, or other persons claiming through such PARTNER, shall be entitled to receive from the the capital contribution paid by such (ii) loans to the PARTNERSHIP at such (iii) the share of such PARTNER in an, from the PARTNERSHIP as determined by to and including the calendar quarter to such withdrawal or expulsion, (iv) P only the total of (i) PARTNER to the PARTNERSHIP, times as they are due, t unpaid distribution due the Management Committee up completed immediately prior one -half the value of the PARTNER'S Ownership Interest in the PROPERTY of the PARTNERSHIP as shall be determined by an appraisal of the PROPERTY of the PARTNERSHIP by a single appraiser appointed by the Management Committee, which appraiser shall be duly qualified and licensed for either the State of Louisiana and /or the State in which the property of the PARTNERSHIP is located. In determining the value of the PARTNERSHIP PROPERTY, the appraiser shall appraise the property on the basis of its present use as employed by the PARTNERSHIP regardless of its highest and best use as would -IS- L E L ed CO -'yFl NUMBER / t otherwise be determined by other persons or appraisers. The • value ascribed by said appraiser as aforesaid and the aggregate of (i), (ii) and (iii) above shall be the value for which the expelled PARTNER shall have the right to receive in dissolution of his interest in the PARTNERSHIP. The determination by said 1 appraiser shall be binding and there shall be no appeal, judicial or otherwise, from that determination. If the amount to be received by the withdrawing or expelled PARTNER shall be in excess of $1,000,000, then the purchase price shall be paid to the withdrawing or expelled PARTNER as follows: (1) $1,000,000 in cash concurrent with the consummation of the purchase of the Withdrawing or expelled PARTNER'S interest; (2) the balance to be represented by a promissory note or notes executed by the Management Committee. The said promissory note shall bear .r/ interest at a rate of 4% per annum, which interest shall be paid quarterly with the first payment due at the end of the then current calendar quarter and the full principal amount of the note, together with all accrued and unpaid interest, shall be due within five (5) years from the date of the purchase of the withdrawing or expelled PARTNERS interest herein. The PARTNERS hereby acknowledge that any penalty caused by such expulsion to the expelled PARTNER is in payment of damage to the PARTNERS and PARTNERSHIP by such expelled PARTNER. -19- 8C , F--7,—qR7, COLLIER CO EILE ;LUMBER Section 4.05. Devolution of Interest of Withdrawing • or Expelled PARTNER. The withdrawal or expulsion of a PARTNER shall not dissolve the PARTNERSHIP and the interest in the PARTNERSHIP of said withdrawing or expelled PARTNER shall automatically devolve upon the other PARTNERS in the proportion which the prior I individual interest of each REMAINING PARTNER shall bear to the total of the prior interest of all such REMAINING PARTNERS. ARTICLE V. LOANS BY MANAGEMENT COMMITTEE Section 5.01. Management Committee Authority to Borrow. The Management Committee shall be authorized to maintain a loan balance in connection with the operation of the PARTNERSHIP in the amount of $1,000,000.00. This provision and limitation shall not apply in the case of the Management r A Committee's encumbrance of property acquired in the course of management of the PARTNERSHIP. Section 5.02. Loans by the PARTNERS from the PARTNERSHIP The Management Committee may from time to time authorize a loan by the PARTNERSHIP to an individual PARTNER under terms and conditions which it shall, in its opinion, deem appropriate. Under no circumstances shall the borrower be permitted to borrow from the PARTNERSHIP in excess of that amount to which his OWNERSHIP INTEREST bears to the $1,000,000.00 hereinabove set forth in Section 5.01. In the event a PARTNER -20- 5AflRDF GCLLIER fF E NUMB „Efl � desires to borrow from the PARTNERSHIP as aforesaid, said PARTNER • shall be required to secure such loans under such terms and conditions to be from time to time fixed by the Management Committee but in no event shall a loan be made to a PARTNER without his personal guarantee of such indebtedness and a pledge in assignment of a portion of OWNERSHIP INTEREST. ARTICLE VI. DEFINITIONS Section 6.01. Definition. For the purposes of this agreement, the terms "Net Profits^' and °Net Losses” shall mean the net profits or net losses, including gains or losses upon the sale of assets of the PARTNERSHIP as determined in accordance with generally accepted accounting principles consistently applied. It is understood J that "Met Profits" or "Net Losses" shall be determined without A4 the deduction for a PARTNER'S income tax liability. If any salaries are paid to any PARTNER, -such salary shall be treated as part of the operating expenses of the PARTNERSHIP and deducted as an ordinary and necessary business expense by the PARTNERSHIP in determining profits and losses. Section 6.02. Allocation of Profits and Losses. The Net Profits and Net Losses shall be allocated to the PARTNERS in the proportion to their respective OWNERSHIP -21- '8C BABRON LOLLIEfl CO ..-- FlLE NUMBE�fl v INTERESTS and so credited or debited, as the case may be, to their respective capital accounts. ARTICLE VII. Section 7.01. Amounts to be Distributed. Subject to the retention by the PARTNERSHIP of a i reserve in such amount as may be fixed from time to time by the Management Committee, funds arising or realized from the following sources shall be distributed to the PARTNERS semi- annually on the basis of a calendar year: (a) all °Net Receipts" which shall mean the excess of cash income receipts over cash expenditures and accruals derived from the ownership and operation of the PARTNERSHIP as determined in accordance with generally accepted accounting principles applied to the business conducted by the PARTNERSHIP; (b) the net proceeds from the sale, lease or assignments of a portion of the PROPERTY; and (c) any other funds deemed available for distribution to the PARTNERS to the extent permitted. Section 7.02. Proportions of Distributions. Funds available for distribution to the PARTNERS as defined in Section 7.01 shall be distributed to the PARTNERS in proportion to their OWNERSHIP INTERESTS. Section 7.03. Limitation on Distributions. No distribution shall be made pursuant to Section 7.01 and 7.02 unless and until the annual costs of interest, -22- 8 LM amortization, procurement and /or administration of all loans of • the PARTNERSHIP are liquidated. With respect to loans by the PARTNERSHIP to individual PARTNERS as hereinafter permitted at Section 5.02, no distribution shall be made to the individual PARTNER until a deduction is made from the amount to be i distributed to the PARTNER pursuant to Section 7.02 of all current costs of interest, amortization, procurement and /or administration of the individual PARTNER'S loan. ARTICLE VIII. LIQUIDATION UPON DISSOLUTION OR TERMINATION Section 8.01. Appointment of Liquidator. In the event of the dissolution or termination of the PARTNERSHIP following a vote of the PARTNERS as provided in Section 3.02 hereinabove, or for any reason, the affairs of the %we PARTNERSHIP shall be liquidated by the Management Committee; they shall not be required to furnish bond or other security and in addition to the other rights accorded by law, they shall have the right and power as liquidators to wind -up the affairs of the PARTNERSHIP. Said liquidators shall additionally have the right to sell all such assets of the PARTNERSHIP as may be required in their judgment to pay and satisfy all of the obligations of the PARTNERSHIP as well as enter into permanent financing agreement to pay all loans of the PARTNERSHIP. -23- ,; s BARRON CIWE, u FILE NUMBER v Section 8.02. Distribution by Liquidators. • The net assets of the PARTNERSHIP after satisfaction of all of the obligations of the PARTNERSHIP shall be distributed by the Management Committee as liquidators to the PARTNERS in proportion to their OWNERSHIP INTERESTS in the PARTNERSHIP as of I the time of dissolution or termination of the PARTNERSHIP. Section 8.03. Distribution in Rind. With respect to any distribution under Section 8.02, for purposes of a distribution in kind, the liquidators are specifically authorized to employ an appraiser and, if possible, distribute separate assets to each PARTNER. ARTICLE I8. Section 9.01. Arbitration. It is agreed that any question or controversy which *me shall arise under this agreement, or the application of any of the provisions thereof,- as between the PARTNERSHIP and any PARTNER or person claiming through a PARTNER, including questions of act as well as questions of the interpretation of this agreement, shall, at the request of any party in interest, be submitted to binding arbitration in accord with the Rules of the American Arbitration Association. Should any dispute arise between the parties hereto, the matter in dispute shall be referred to three persons at New Orleans, one to be appointed by each of the parties hereto, and the third by the two so chosen; -24- 1. "'1 8C ' BA RRCN CCLLIEfl CO FILE NUMBaE7fl � their decision or that of any two of them, shall be final, and • for the purpose of enforcing any award, this agreement may be made a rule of the Court. The Arbitrators shall be commercial men. ARTICLE X. a Section 10.01. Entirety of Agreement. This agreement contains and constitutes all understandings and agreements between the PARTNERS. Section 10.02. Readings. The heading of both ARTICLES and Sections are for convenience only and, if in conflict with the other written portions of this agreement, shall be ignored. section 10.03. Force Majeure. If the Management Committee or any PARTNERS shall be delayed or prevented from the performance of any act required by this agreement by the reasons of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws, or regulations or other cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. ARTICLE BI. Section 11.01. Notices. (a) All notices, requests and demands hereunder shall be in writing and delivered in hand, or by mail, in duplicate -25- 0 • BApgON COLLIEN CO. FILE NUMBEfl with an acknowledgment placed in the lower left hand corner so • that the receiving party can acknowledge receipt and return one copy to the sender. Such delivery by mail shall be first class, registered or certified mail, postage prepaid, as follows: (1) Christopher D. Villere 808 First National Bank of Commerce Bldg. New Orleans, Louisiana 70112 (2) Mathilde E. Villere 808 First National Bank of Commerce Bldg. New Orleans, Louisiana 70112 (3) Lamar G. Villere 808 First National Bank of Commerce Bldg. New Orleans, Louisiana 70112 (b) The above mentioned parties may change their addresses at any time by written notice to the PARTNERSHIP. _ ARTICLE SII. `-' Section 12.01. Amendments, Is This PARTNERSHIP Agreement may from time to time be amended by the Management Committee on a vote of no less than 660 of the OWNERSHIP INTERESTS. All such amendments shall thereupon be distributed to each PARTNER owning an OWNERSHIP INTEREST and such amendments or short forms thereof shall be recorded as provided in Section 1.05 hereinabove. ARTICLE BIII. section 13.01. Governing Laws. This agreement and the rights and obligations of the PARTNERS hereunder shall be interpreted, construed and enforced in accord with the laws of the State of Louisiana. — -26- BABBON co,, fl CO FfLE NUMBER IN WITNESS WHEREOF, the parties have executed this • agreement in multiple identical counterparts in the presence of the witnesses respectively set forth opposite each signature, said agreement to become effective as of the O t� day of r / , 1991. WITNESSES: �_ WA40 . i 11 to CHRISTOPHIOR D. VILL RE 1OLtAM& RE LAMAR G. VILLERE, herein represented by Christopher D. Villere, as Custodian ,�� By: CH�P�D. VIL� y • STATE OF LOUISIANA PARISH OF ORLEANS WITNESS ACKNOWLEDGMENT 8C BARRON COLLIER CO FILE NUMBER F v BEFORE ME, the undersigned Notary Public, duly qualified in ! and for the State and Parish aforesaid, this day personally • appeared MRHY M.M4T-455q ' who after being duly sworn, stated under oath that shit was one of the subscribing witnesses to the foregoing instrument, and that the same was signed by CHRISTOPHER D. VILLERE, MATHILDE B. VILLERE and LAMAR G. VILLERE, herein represented by Christopher D. Villere, as Custodian, in her presence and in the presence of the other subscribing witnesses. �/ SWORN TO AND SUBSCRIBED BEFORE ME, on this // day of WITNESS NOTARY PUBLIC Gopt=sF LEE V9&9BR MOT,oY pU80C pomm OF ORLEANS STATE OF LOOtSIAMA fmY COWWsSSIGN r8 FOR LNEI Exhibit IVB Commerce Park at Silver Strand Subdistrict This Commerce Park at Silver Strand Subdistrict (CPSSS) consists of approximately 164.91 acres and is located east of Immokalee Road (CR 846) and south of Stockade Road. The intent of the CPSSS is to allow for a mix of industrial and commercial uses specifically tailored to serve development within the Rural Lands Stewardship Area and the Immokalee area in a park -like environment with low structural density, and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the commerce park. The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1,000,000 square feet. b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent. c. The CPSSS shall be permitted to develop with a maximum of 30 percent Secondary Uses as identified in paragraph h. below. d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) and access to this arterial road shall be consistent with Policy 7.1 of the Transportation Element. e. The CPSSS shall utilize PUD zoning and shall include within the PUD specific standards for buffers, landscaping, open space, signage, screening of outdoor storage, parking, and access management. f. The following Primary Uses shall be permitted as of right, in 100 percent of the CPSSS: I. All Permitted Primary Uses of the Business Park zoning district of the Land Development Code as of the date of adoption of this Subdistrict. 2. Automotive Repair Shops (groups 7532 — 7539) 3. Business Services (groups 7311 7352 -7359 and 7371 — 7379) 4. Motor freight transportation and warehousing (group 4225 — mini - storage and self — storage only) subject to the following: a. Metal roll -up garage doors, visible from a public right —of -way, are prohibited. b. Buildings are limited to 100 feet in length when adjacent to a residential zoning district. c. Wholesale or retail sales and office uses are prohibited in units designed for storage. d. Outdoor storage is limited to boats, recreational vehicles and other recreational equipment and shall be enclosed by a type `B" buffer. 5. Motor Vehicle Dealers (groups 5511 — 5521) 6. Lumber and other building materials dealers (group 5211; outdoor storage not permitted in a front yard). 7. Ornamental floriculture and nursery products (group 0181). g. Retail Sales and /or display areas as accessory uses to the primary uses set forth in paragraph (f.), not to exceed an area greater than 30 percent of the gross floor area of the permitted principal use. h. The following Secondary Uses shall be permitted as of right, and shall be limited, in aggregate, to a maximum of 30 percent of the area within the CPSSS : 1. All Permitted Secondary Uses of the Business Park zoning district of the Land Development Code as of the date of adoption of this Subdistrict. 2. All Permitted Uses of the Commercial Professional and General Office (C- 1) zoning district, the Commercial Convenience (C -2) zoning district, and the Commercial Intermediate (C -3) zoning district as of the date of adoption of this Subdistrict. n C r C X � r r � � C D� OD D m C U) m 0 cn 1 1 X oMX _W °z gym, Z r O 0 D MM �m n m ;u c: oMx Cl) p D ;J Z Z r D 0 r �a r q 2 ,m k -h- . � =soy . I a M 0 e B B' a �m COMMERCE PARK AT � SR.VER STRAND SUBDISTRICT savertaTRANnmEARTNensx3v II � III I� B e I p o ]600 WHEN GATE P 111 �I i I ff p ° ® SITE MAP PL 34105 3 EXfDBTT N. D — I Eƒ+ C/) / \§w 2 e/\ 3 / � \ 3 E % � § o c � _ \ / ))g �/r c 1 § / 2� / f\ �Uxi \ $ » ■[ / » k $ / k g77 / ■ . / \() < a/o ■ ® | q \ 27m\ \2k . \ » / r! ) � } - &ii \ 7111 j c �\_ __. w \�_»._ ,�. 7 ' f�I� � |? . \ 2^ $ i » \\\ 2�� ...2 } \ < .. . . � / \ »� . C � Cl) . m 2 . . 2 a � � 3 °. k\��y..... 2�� ...2 . /.... . . . . . . .\%£ ©~ M\ .a \ \\ i \ \ . z= . .. UD r, , i �� ,�. t �. .�� '�. I � ' �' � �..- � 1 .r �� .ti �} � i � f "� r � V lF� ' LOON GMPA Environmental Summary Silver Strand Business Park The project site for the Silver Strand Business Park is located south of Immokalee fronting County Road 846. It is approximately 173± acres primarily composed of active citrus grove (FLUCCS 221), with some spoil areas (FLUCCS 743), isolated and degraded wetland areas (FLUCCS 619, 631, 641), and farm ditches (FLUCCS 513), See FLUCCS Exhibit A. The site has three wetlands totaling 8.5t acres. These low quality wetlands contain exotic and nuisance vegetation. The largest wetland on the site will be preserved totaling 4.2t acres. The majority of the northern wetland (2.7t acres) will be preserved. Listed species observed (Exhibit B, Table 1) include the american alligator (Alligator mississ/ppiensis) and a little blue heron (Egretta caerulea) within the north- western isolated wetland, and an Audubon's crested caracara ( Caracara cheriway audubonii) adjacent to the westernmost preserved wetland. Listed wading birds are commonly found in Southwest Florida. No nests for any wading birds were observed on the project site. A review of the "Florida Atlas of Breeding Sites for Herons and Their Allies" (Runde et al. 1991) revealed that no breeding colonies exist within 1 mile of the project site. The nearest reported breeding colony ( #619147) is located approximately 2 miles northwest of the project site. As such, no impacts to listed wading bird species are anticipated to occur as a result of the project. There are no recorded caracara nests on or adjacent to the project site. Listed species that have a reasonable probability to occur on the site are presented in Table 2. The Natural Resources Conservation Service (NRCS) has mapped five (5) soil units on the project site: Pomello fine sand ( #15, Non - hydric), Oldsmar fine sand ( #16 Non - hydric), Chobee, Winder, Gator soils; Depressional ( #22 Non - hydric), Holopaw fine sand ( #27 Hydric), Wabasso fine sand ( #29, Non - hydric), and Wabasso fine sand ( #29, Non - hydric). One area in the northern portion of the property has no identification data associated with it. Please see NRCS Soils Map, Exhibit C. This site is within an overlay area of historical/ archaeological probability. A Phase I archaeological assessment by Archaeological Consultants, Inc. was conducted on the property in March 2006. Findings indicate no evidence of archaeological or historic resources, and project development within the site would have no impact to significant cultural resources. No further work was recommended. A Phase I environmental assessment was conducted on March 23, 2006. Findings indicate no evidence of any detrimental or adverse environmental impacts to the soils in the assessed areas. Based on these findings, no environmental conditions were found to preclude any future land use at the site, and no further assessment was warranted. EXHIBITS V.C.1 & V.C.2 Table 1. - Listed Plant and Wildlife Species Observed Onsite (during listed species surveys) corhmonName SclentcName . Exhibit C NRCS Soils Map PLANTS Giant leather fern Acrostichum danaeifolium 1 641 NL NL C MAMMALS Florida black bear Ursus amen .canus floridanus 221 Audubon's crestedCascara cheriway Panther Felis concolor cotyi 221,619 E caracara audubonii 513 T T N/A Little blue heron E retta caerulea 513, 621 SSC NL N/A `REPTfLES American alligator Alligator 513 SSC T(S /A) N/A 641 miss,ss, iensis E Tricolored heron E retta tricolor 513 FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Florida Department of Agriculture E = Endangered T = Threatened SSC = Species of Special Concern NL = Not Listed Habitat= Major FLUCCS categories in which indicated species were observed or are most likely to occur. Table 2. - Listed Plant and Wildlife Species That Could Potentially Occur Onsite (during past and recent listed species surveys) ",.. ., ... . . Exhibit C NRCS Soils Map PLANTS Giant leather fern Acrostichum danaeifolium 1 641 NL NL C MAMMALS Florida black bear Ursus amen .canus floridanus 221 T NL Panther Felis concolor cotyi 221,619 E E BIRDS"- Lim kin Aramus guarauna 513,641 SSC NL Little blue heron E retta caerulea 513 SSC NL Roseate spoonbill A'aia a'a'a 513 SSC NL Snail Kite Rostrahamus sociabilis 641 E E Tricolored heron E retta tricolor 513 SSC NL White ibis Eudocimus albus 513 SSC NL Wood stork M cteria americana 513 E E FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Florida Department of Agriculture E = Endangered T = Threatened SSC = Species of Special Concern NL = Not Listed C = Commercially Exploited Habitat= Major FLUCCS categories in which indicated species were observed or are most likely to occur. W/ Enclosures Exhibit A FLUCCS Map Exhibit B Listed Species Transect Map Exhibit C NRCS Soils Map m L F a x at N L F x w I CULTURAL RESOURCE ASSESSMENT SURVEY OF THE SILVER STRAND BUSINESS PARK ':91W" COLLIER COUNTY, FLORIDA Performed for: Barron Collier Companies 2600 Golden Gate Parkway Naples, Florida 34105 Prepared by: [a] Florida's First Choice in Cultural Resource Management Archaeological Consultants, Inc. 8110 Blaikie Court, Suite A Sarasota. Florida 34240 March 2006 EXHIBIT V.C.3 8C ,A; CULTURAL RESOURCE ASSESSMENT SURVEY OF THE SILVER STRAND BUSINESS PARK PROPERTY COLLIER COUNTY, FLORIDA Performed for: Barron Collier Companies 2600 Golden Gate Parkway Naples, Florida 34105 By Archaeological Consultants, Inc. 8110 Blaikie Court, Suite A Sarasota, Florida 34240 Marion M. Almy — Project Manager Lee Hutchinson - Project Archaeologist Justin Winkler and Katherine Baar - Archaeologists March 2006 I--- EXECUTIVE SUMMARY A Cultural Resource Assessment Survey for the ±115 -acre Silver Strand Business Park property in Collier County, Florida was performed by Archaeological Consultants, Inc (ACI). The purpose of this survey was to locate and identify any cultural resources within the property and to assess their significance in terms of eligibility for listing in the National Register of Historic Places, (NRHP). This survey, conducted in March 2006, and complies with Collier County requirements, as well as with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management program and implementing regulations. Findin s Archaeological: Review of the Florida Master Site File (FMSF), and the NRHP, indicated that no archaeological sites have been previously recorded within the Silver Strand Business Park property. Background research indicated a variable potential for the presence of archaeological sites within the survey area. As a result of field survey, no archaeological sites were found within the Silver Strand Business Park property. Historic Structures: Review of the Florida Master Site File (FMSF), and the NRHP, indicated that no historic structures (50 years of age or older) have been previously recorded within the Silver Strand Business Park property, and the USGS Irnmokalee, Fla. Quadrangle map (1958, PR 1987) indicated no potential for the presence of historic structures within the survey area. As a result of field survey, no historic structures were identified or recorded within the project area. Based on these findings, project development within the Silver Strand Business Park will have no impact on any significant cultural resources, including those properties listed, determined eligible, or considered potentially eligible for listing in the NRHP. No further research is recommended. P06057 CRAS Repon/March 2006 10 TABLE OF CONTENTS 7.0 REFERENCES CITED ............................................................ ............................7 -1 Appendix: Survey Log IP06057 CRAS Repon /March 2006 it 1 Page 1.0 INTRODUCTION .................................................................. ........:...................1 -1 1.1 Project Description ....................................................... ................:...........1 -1 1.2 Purpose ......................................................................... ............................1 -1 2.0 ENVIRONMENTAL OVERVIEW..:; ................................................................. 2 -1 3.0 PREHISTORIC REVIEW .................................................... ............................... 3 -1 3.1 Paleo- Indian Period ................................................... ............................... 3 -1 3.2 Archaic Period ......................7.................................. ...................:.......... 3 -3 3.3 Glades Tradition ........................................................ ............................... 3 -5 4.0 HISTORICAL OVERVIEW ................................................... ............................4 -1 5.0 RESEARCH CONSIDERATIONS AND FIELD METHODS ............:.............. 5 -1 5.1 Background Research and Literature Review ........... ............................... 5 -1 5.1.1 Archaeological Considerations ........................ ............................5 -1 5.1.2 Historical Architectural Considerations ......... ............................... 5 -2 5.2 Field Methodology .................................................... ............................... 5 -3 5.3 Laboratory Methods and Curation ............................ ............................... 5 -3 5.4 Unexpected Discoveries ............................................ ............................... 5 -4 6.0 SURVEY RESULTS AND CONCLUSIONS ......................... ............................6 -1 6.1 Archaeological Results ..................................... . ............. ..................... . ... 6 -1 6.2 Historical ...................................................................... ............................6 -1 6.3 Recommendations .................................................... : ............................... 6 -1 7.0 REFERENCES CITED ............................................................ ............................7 -1 Appendix: Survey Log IP06057 CRAS Repon /March 2006 it 1 8C,# LIST OF FIGURES, TABLES AND PHOTOGRAPHS Fieures Page Figure 1.1. Location of the Silver Strand Business Park . ........................................... .... 1-2 Figure 2.1. Environmental Setting of the Silver Strand Business Park . ......................... 2-2 Figure 3.1. Florida Archaeological Regions .................................... ............................... 3 -2 Figure 6.1. Approximate Location of Shovel Tests Within the Silver Strand BusinessPark .................................................................... ............................6 -2 Tables Table 2.1. Soils, Relief and Drainage, and Environmental Associations of the Silver Strand Business Park (USDA 1998) .................................. ............................2 -1 Photos Photo 2.1. Citrus grove that currently characterizes the Silver Strand Business Park property........................................................................... ............................... 2 -3 Photo 2.2. Looking north at wetland within the central portion of the project area . ...... 2-4 ' P06057 CRAS Repon /March 2006 jji 1.0 INTRODUCTION 1.1 Proiect Description 8c, This Cultural Resource Assessment Survey involved an archaeological and historical survey of the +115 -acre Silver Strand Business Park property: The project area is located within Township 47 South, Range 29 East, Section 15 of northwestern Collier County (Figure 1.1). This survey complies with Collier County requirements and was conducted in accordance with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management Program, and implementing state regulations regarding possible impact to historic properties listed, or eligible for listing in the National Register of Historic Places (NRHP), or otherwise of historical, architectural or archaeological value. All work was carried out in conformity to the standards contained in Chapter 1A -46, Florida Administrative Code. 1.2 Purpose The purpose of this Cultural Resource Assessment Survey was to locate and identify any prehistoric and historic period archaeological sites and historic structures located within the Silver Strand Business Park property, and to assess their significance in terms of eligibility for listing in the NRHP. The historical and archaeological survey was conducted in March 2006. P06057 CRAS Report /March 2006 �.. °a 2 ! z y ia.. {71. -1 - -P -i -j ��r \1\_`l! �7` 11 (tl] y l�i • -'tt a,.r.. If _ n r ems_ .) L 77' L 7-1 >•syy,iS 2] I �__ , r AV. t - OELIUI ED AREA - I J _ j� Project Location _= :� .3- j't "- Lis is 1 `-Z _�cm C53na`S,�?aC. � � 1 ^ _ ri • � _ a L =A3 is =f I, \�'= �f t` tit 25 � Ir? ?J f �.\f�_ �� lf, 2��\• ✓ \ _ �__ _7y\Y — i3; l� L r4, \ t�� C. �_ 1 .rte 1� { `., .. _ iRfce�.��^_` II+,''. ' 3 � \. /��y •�- ,f � .. _tom_ � .__�� $CY'31{Q+� - -� , 0 1 2 mile Figure 1.1 Location of the Silver Strand Business Park. Collier County, Township 47 South, Range 29 East, Section 15 (State Mapping Office 1993). 2 -18 2.0 ENVIRONMENTAL OVERVIEW The Silver Strand Business Park property is located in Section 15 of Township 47 South, Range 29 East, south of Immokalee in northwest Collier County. The property is bounded by CR 846 to the west, and is situated approximately 1.5 miles south of the CR 46 /SR 29 intersection, and just over a mile north of the CR 29 /Camp Keais Road intersection (Figure 2.1). Wetlands are abundant in the region. Baucom Cypress Strand is located approximately one mile southwest of the project area, and Corkescrew Swamp is less than four miles to the west. The general soil associations of the project area are Immokalee- Oldsmar- Basinger and Holopaw - Wabasso- Winder associations. Immokalee- Oldsmar- Basinger soils are nearly level and poorly drained, characteristic of flatwoods and sloughs. Holopaw- Wabasso- Winder soils are nearly level, poorly drained and very poorly drained soils characteristic of flatwoods in sloughs and small closed depressions. The natural vegetation for both soil associations includes sawpalmetto, scattered areas of South Florida slash pine, waxmyrtle and galberry in flatwoods and scattered areas of slash pine, scrub cypress, cabbage palm, sawpalmetto, waxmyrtle, sand cordgrass, pineland threeawn, panicums, and chalky bluestem in sloughs. The specific soils, relief and drainage, and environmental associations of the project property are listed in Table 2.1 (USDA 1998). Table 2.1. Soils, Relief and Drainage, and Environmental Associations of the Silver Strand Business Park (USDA 1998). l a Elevation ana 11>a$e Environmental 3 Assoeiat6i,, Malabar fine sand Nearly level, poorly drained Sloughs and poorly defined drain ewa s Pomello fine sand Nearly level; moderately well Low ridges on flatwoods drained Oldsmar fine sand Nearly level; poorly drained Flatwoods Chobee, Winder, and Level; poorly drained Depressions and marshes Gator soils, de ressional Wabasso fine sand Nearly level; poorly drained Flatwoods I- IP06057 CRAS Report/March 2006 I i Ia •t I ;}a ► i r l i � i � r 1 -t � + 1 I v M Vils Project Location 1 i - - ._ iii /I r' N� 0 0.5 1 mile Figure 2.1 Environmental Setting of the Silver Strand Business Park. Collier County, Township 47 South, Range 29 East, Section 15 USGS Immokalee, Fla. 1958, PR 1987 and Immokalee SW, Fla. ■ 1958, PR 1984). 1 1 8C 2 -3 These soils are typical of flatwoods, sloughs, depressions and marshes. Pine flatwoods are typically open canopies with little to no understory vegetation but with a dense groundcover of herbs and shrubs. The acidic sands of pine flatwoods overlie an organic or clayey hardpan which ponds surficial water during the rainy season. Pine flatwoods are maintained by periodic fires, without which they would succeed into hardwood- dominated forests (FNAI 1990). This ecosystem is typically inundated for 50 to 100 days per year and bums every two to four years (FNAI 1990). The inundation period of marshes ranges from 200 to 365 days per year. The duration of inundation is critical to the maintenance of marshes, as a prolonged flooding will limit tree growth and shortened periods will enable the invasion of mesophytic trees (FNAI 1990).The project area lies approximately ±25 ft above mean sea level (AMSL). Today, almost all natural vegetation has been cleared, and the property serves as a citrus grove (Photo 2.1). The only portions of land not occupied by citrus trees are two wetland areas (Photo 2.2). Photo 2.1. Citrus grove that currently characterizes the Silver Strand Business Park property. P06057 CRAS Repon /March 2006 ( C 2 -4 „ Photo 2.2. Looking north at wetland within the central portion of the project area. Paleoenvironmental Considerations: The prehistoric environment of Collier County and the surrounding area was different from that which is seen today. Sea levels were much lower, the climate was drier, and potable water was scarce. Given the changes I in water resource availability, botanical communities, and faunal resources, an understanding of human ecology during the earliest periods of human occupation in Florida cannot be founded upon observations of the modem environment. Aboriginal inhabitants would have developed cultural adaptations in response to the environmental changes taking place. These alterations were reflected in prehistoric settlement patterns, site types, site locations, artifact forms, and variations in the resources used. I Dunbar (1981:95) notes that due to the and conditions during the period between 16,500 and 12,500 years ago, "the perched water aquifer and potable water supplies were absent." Palynological studies conducted in Florida and Georgia suggest that between 13,000 and 5,000 years ago, this area was covered with an upland vegetation community of scrub oak and prairie (Watts 1969, 1971, 1975). The rise of sea level severely reduced xeric habitats over the next several millennia. IBy 5,000 years ago, southern pine forests were replacing the oak savannahs. Extensive marshes and swamps developed along the coasts and subtropical hardwood ! forests became established along the southern tip of Florida ( Delcourt and Delcourt 1981). Northern Florida saw an increase in oak species, grasses and sedges (Carbone 1983). At Lake Annie in south central Florida, pollen cores are dominated by wax myrtle >L and pine. The assemblage suggests that by this time a forest dominated by longleaf pine, along with cypress swamps and bayheads existed in the area (Watts 1971, 1975). IP06057 CRAS Repon /March 2006 I 2 -5 Roughly five millennia ago, surface water was plentiful in karst terrains and the level of the Floridan aquifer rose to five feet above present levels. After this time, modem floral and climatic and environmental conditions began to be established (Watts 1975). With the onset of the modem environmental conditions, numerous micro - environments were available to the aboriginal inhabitants in the area. By 4000 BP, ground water had reached current levels, and the shift to warmer, moister conditions saw the appearance of hardwood forests, bayheads, cypress swamps, prairie, and marshlands. P06057 CRAS RepuNMarch 2006 M f' 3 -1 3.0 PREHISTORIC REVIEW In general, archaeologists summarize the prehistory of a given area, that is, an archaeological region, by delineating a sequence of cultural periods in order to provide a chronology or a time frame for an archaeological culture that is present in a given geographical area. As a result, archaeological cultures are defined largely in geographical terms but also reflect shared environmental and cultural factors. According to Milanich (1994), the vicinity of the project area is part of the Caloosahatchee archaeological region. Geographically, the Caloosahatchee area extends from Charlotte Harbor on the north, to the northern border of the Ten Thousand Islands on the south (Figure 3.1), and eastward from the islands about 54 miles into the interior (Carr and Beriault 1984:4,12; Milanich 1994). The sequence of cultural development for the South Florida Region is pan- regional during the earliest periods of human occupation: thg Paleo- Indian and the Archaic. By approximately 500 B.C., distinctive regional cultures had developed as evidenced by differences in ceramic sequences. Thus, for the South Florida Region, post - 500 B.C., the prehistoric populations residing in the Caloosahatchee area evolved into a cultural assemblage distinct from those people inhabiting the Belle Glade (Okeechobee) area and the Everglades area, the latter of which includes the Ten Thousand Islands District (Griffin 1988:120 -121). The following summary follows closely the outlines presented by both Griffin (1988) and Widmer (1988). 3.1 Paleo- Indian Period Current archaeological evidence indicates that the earliest human occupation of the Florida peninsula dates back some 13,500 years ago or ca. 11,500 B.C. (Widmer 1988). The earliest occupation is referred to as the Paleo- Indian (or Paleoindian) Period. It lasted until approximately 7000 B.C. During this time, the climate of South Florida was much drier than today. Sea level was 260 to 425 feet lower than present and the coast extended approximately 100 miles seaward on the Gulf coast. With lower sea levels, today's well- watered inland environments were and uplands (Milanich 1994). Lake Okeechobee, the Caloosahatchee, Myakka, and Peace Rivers, as well as the Everglades, were probably dry. Because of drier global conditions and little or no surface water available for evaporation, Florida's rainfall was much lower than at present (Milanich and Fairbanks 1980:38 -40). Potable water was obtainable at sinkholes where the lower water table could be reached. Plant and animal life were also more diverse around these oases which were frequented by both people and game animals (Widmer 1988; Milanich 1994:40). P06057 CRAS Report /March 2006 If I I I L i 1 1/ < -% 1 Northwest 2 North 3 North - central 4 East and Central 5 North Peninsular Gulf Coast 6 Central Peninsular Gulf Coast 7 Caloosahatchee 8 Okeechobee Basin 9 Glades 0 100 mt es .� Post- 500 B.C. regions of precolumbian Florida Figure 3.1 Florida Archaeological Regions (Milanich 1S The project area ( *) is located in the Caloossatchee Region. t 9 Airl 8C 3 -2 3 -3 8 ., Thus, the prevailing environmental,conditions were largely uninviting to human habitation during the Paleo- Indian Period (Griffin 1988:191). Given the inhospitable climate, it is not surprising that the population was sparse and Paleo- Indian sites are uncommon in south Florida. Just to the north of Charlotte Harbor, however, evidence of Florida's earliest inhabitants has been uncovered. Underwater excavations at both the Little Salt Springs (Clausen et al. 1979) and Warm Mineral Springs (Clausen et al. 1975; Cockrell and Murphy 1978) in Sarasota County provide much of the information about this period. More recently, work at the Cutler Fossil Site in Dade County (Carr 1986), southeast of the Caloosahatchee region, has yielded two projectile points associated with a hearth area, radiocarbon dated to the Paled =Indian Period (ca. 7760 B.C.) In general, the Paleo- Indian Period is characterized by small population group size and a hunting and gathering mode of subsistence. Permanent sources of water, scarce during this time, were very important in settlement selection (Daniel and ,Wisenbaker 1987). This settlement model, often referred to as the Oasis Hypothesis (Milanich 1994:41), has 'a high correlation with geologic features in southern Florida such as deep sink holes like those noted in Sarasota and Dade Counties. Sites oof this period are most readily identified on the basis of distinctive lanceolate shaped stone projectile points including those of the Simpson and Suwannee types (Bullen 1975). The tool assemblage also included items manufactured of bone, wood, and very likely leather, as well as plant fibers (Clausen et al. 1979) 3.2 Archaic Period The succeeding Archaic Period is divided into three temporal periods: the Early Archaic (ca. 7000 to 5000 B.C.), Middle Archaic (ca. 5000 to 2000 B.C.), and the Late Archaic (ca. 2000 to 500 B.C.). According'to Widmer (1988), the extreme aridity of the South Florida region during the Early Archaic period may have caused the abandonment of the area. Sites of this time are almost non - existent in southwestern Florida. Currently, the West Coral Creek Site in Charlotte County (Hazeltine 1983) is the only known site of the Early Archaic in the Caloosahatchee region. Here, numerous chert and silicified coral tools and debitage were found. These were recovered from dredge spoil from the excavation of canals near a large slough. This may indicate that the site clustered around a once dependable water source. By approximately 6500 years ago, or ca. 4500 B.C., marked environmental changes, which had profound influence upon human settlement and subsistence practices, occurred. Among the landscape alterations were rises in sea and water table levels which resulted in the creation of more available surface water. It was during this period of time that Lake Okeechobee, the Everglades, and the Caloosahatchee and Peace Rivers developed. In addition to changed hydrological conditions, this period is characterized by the spread of mesic forests and the beginnings of modem vegetation communities including pine forests and cypress swamps (Widmer 1988; Griffin 1988). The archaeological record for the Middle Archaic is better understood than the Early Archaic. Among the material culture inventory are several varieties of stemmed, P06057 CRAS Repon /Ma¢h 2006 3 -4 broad blade projectile points including those of the Newnan, Levy, Marion, Putnam, and Lake types (Bullen 1975). At sites where preservation is good, such as sinkholes and ponds, an elaborate bone tool assemblage is recognized along with shell tools and complicated weaving (e.g., Beriault et al. 1981; Wheeler 1994). In addition, artifacts have been found in the surrounding upland areas, as exhibited in the projectile points found in the upland palmetto and pine flatwoods surrounding the Bay West Site (Beriault et al. 1981). Along the coast, excavations on both Horf's Island in Collier County and Useppa Island in Lee County (Milanich et al. 1984; Russo 1991) have uncovered pre- ceramic shell middens which date to the Middle Archaic period. Another site dating to the Middle Archaic in Lee County is 8LL27, located on Galt Island (Austin 1992). Mortuary sites, characterized by interments in shallow ponds and sloughs as discovered at the Little Salt Springs Site in Sarasota County (Clausen et al. 1979) and the Bay West Site in Collier County (Beriault et al. 1981), are also distinctive of the Middle Archaic. At the later site, 35 to 40 human remains were found, some of which had been placed on leafy biers, perhaps branches, laid down in graves dug into the peat deposits. Artifacts recovered included small wooden sticks possibly used as bow drills for starting fires, antler tools with wooden hafts that appear to be sections of throwing sticks, two throwing stick triggers, and bone points or pins (Milanich 1994:81). Pre- ceramic cultural horizons beneath tree island sites have been reported in the eastern Everglades (Mowers and Williams 1972; Carr and Beriault 1984). Population growth, as evidenced by the increased number of Middle Archaic sites and accompanied by increased socio- cultural complexity, is also assumed for this time (Milanich and Fairbanks 1980; Widmer 1988). The beginning of the Late (or Ceramic) Archaic Period is similar in many respects to the Middle Archaic but includes the addition of ceramics. The earliest pottery in the South Florida region is fiber- tempered, as represented at sites on Key Marco (Cockrell 1970; Widmer 1974). Also during this period, pottery of the Orange series, decorated with incised line, is characteristic. Projectile points of the Late Archaic are primarily stemmed and comer- notched, and include those of the Culbreath, Clay, and Lafayette types (Bullen 1975). Other lithic tools include hafted scrapers and ovate and trianguloid knives (Milanich and Fairbanks 1980). Archaeological evidence indicates that South Florida was sparsely settled during this time with only a few sites recorded. Some of these sites include 8LL44, the Howard Mound and 8LL45, Calusa Island in Lee County and 8DA141 located in the Everglades in Dade County (Coleman 1973 and 1997). The termination of the Late or Ceramic Archaic corresponds to a time of environmental change. The maturing of productive estuarine systems was accompanied by cultural changes leading to the establishment of what John Goggin originally defined as the "Glades Tradition" (Griffin 1988:133). Dominated by the presence of sand - tempered ceramics in the archaeological record, the Glades Tradition was also characterized by "the exploitation of the food resources of the tropical coastal waters, with secondary dependence on game and some use of wild plant foods. Agriculture was apparently never practiced, but pottery was extensively used" (Goggin 1949:28). Dating P06057 CRAS Repon /March 2006 ; 8C 3 -5 to the Late Archaic in Collier County is the Heineken Hammock Site, 8C1t231. At this site, many ceramic rim and body sherds were found as well as shell tools, faunal and floral remains (Lee et al. 1998). 3.3 Glades Tradition The Glades Tradition was defined by Goggin on the basis of work he conducted in South Florida in the 1930s and 1940s ( Goggin 1947). Goggin noticed that the archaeological assemblage, beginning at about 500 B.C., began to take on a distinct appearance. This appearance reflected an adaptation to the tropical coastal environment of south Florida because the estuary Systems, along with their high biological productivity, were now well established. The archaeological record disclosed widespread population increases and an apparent florescence in tool assemblages related to the exploitation of the marine environment. Unlike much of the rest of peninsular Florida, the region does not contain deposits of chert and such stone artifacts are rare. Instead of stone, shell and bone were used as raw materials for tools ( Milanich 1994:302). Most information concerning the post -500 B.C. aboriginal populations is derived from coastal sites where the subsistence patterns are typified by the extensive exploitation of fish and shellfish, wild plants, and inland game, like deer. Inland sites, such as those in the Big Cypress Swamp, show a greater, if not exclusive, reliance on interior resources. Known inland sites often consist of sand burial mounds and shell and dirt middens along major water courses (Lee and Beriault 1993) and small dirt middens containing animal bone and ceramic sherds, in oak/palm hammocks or palm tree islands associated with freshwater marshes (Griffin 1988). These islands of dry ground provided space for settlements (Milanich 1994:298). However, Griffin (Griffin et al. 1984) suggests "that the Glades sequence represents a chronology of stylistic and technological changes in ceramics to which other cultural traits have been added as data have permitted." As a result, the applicability of the Glades sequence to the Caloosahatchee sub -area has been the subject of debate (Austin 1987a:15). Thus, the following is taken from Widmer (1988) and Cordell (1992) which describes a series of post -500 B.C. culture periods for the Caloosahatchee Area based on differences in the frequencies of certain ceramic types. Caloosahatchee 1, ca. 500 B.C. to A.D. 650, is characterized by thick, sand - tempered plain sherds with round chamfered lips; Belle Glade type ceramics are absent. The Wightman (Fradkin 1976), Solana (Widmer 1986), Useppa Island (Milanich et al. 1984), and Cash Mound (Anonymous 1987) sites have been dated to this period. From A.D. 650 to 1200, the Caloosahatchee II period is marked by a dramatic increase of Belle Glade ceramics in the area (Widmer 1988.84). However, Cordell (1992) has divided the Caloosahatchee II Period into IIA and IIB based on the appearance of Belle Glade Red ceramics at about A.D. 800. This marks the beginning of IIB. These changes in ceramics may also indicate the beginnings of ceremonial mound use which characterizes this whole time period. Also, the number of shell middens or village sites IP06057 CRAS Report /March 2006 W-M increased, and shell tool types became more diverse (Milanich 1994:319). The John Quiet Site, on the Cape Haze Peninsula (Bullen and Bullen 1956), has been dated to this period as well as the earliest occupation of the Buck Key Midden, dated A.D. 1040 to 1350 (Anonymous 1987). The Caloosahatchee III period, from A.D. 1200 to 1400, is identified by the appearance of both St. Johns trade wares, notably St. Johns Check - Stamped, and Englewood period ceramics. Sand burial mounds also continued to be used. From A.D. 1400 to 1513, the Caloosahatchee IV period is characterized by the appearance of numerous trade wares from all adjoining regions of Florida (Widmer 1988:86) and a decline in the popularity of Belle Glade Plain pottery (Milanich 1994:321). These types include Glades Tooled and pottery of the Safety Harbor series, including Pinellas Plain. Buck Key, and Josslyn Islands, as well as Pineland, contain shell middens which date to this period (Marquardt 1992:13). The Caloosahatchee V period, ca. A.D. 1513 to 1750, is coterminous with the period of European contact. Sites of this time are marked by the appearance of European artifacts such as metal, beads, and olive jar sherds, found in association with aboriginal artifacts. Also, cultural materials from the Leon- Jefferson Mission period of north Florida have been recovered (Bullen and Bullen 1956; Widmer 1988:86). Coastal sites of the Caloosahatchee V period are common in the Caloosahatchee Area. In historic times, the Caloosahatchee Area was the home territory of the Calusa, a sedentary, non - agricultural, highly stratified, and politically complex chiefdom. Calusa villages along the coast are marked by extensive shellworks and earthenworks. Detailed studies of the Calusa and their predecessors have recently been provided by Widmer (1988) and Marquardt (1992) and are not repeated here. The great Pine Island Canal, which runs across Pine Island in coastal Lee County, may have been dug after A.D. 1000 to bring trade goods and tribute to the Calusa from the interior (Luer 1989). By the mid - 1700s, the once dominant Calusa had all but disappeared, the victims of European diseases, slavery, and warfare. IP06057 CRAS Report /March 2006 4 -1 4.0 HISTORICAL OVERVIEW The cultural traditions of the native Floridians ended with the advent of European expeditions to the New World. The initial events, authorized by the Spanish crown in the 1500s, ushered in devastating European contact. After Ponce de Leon's 'landing near St. Augustine in 1513, Spanish explorations were confined to the west coast of Florida. (Narvaez in 1528; DeSoto in 1539) and European contact along the east coast was left to a few shipwrecked sailors from treasure ships which, by 1551, sailed through the Straits of Florida on their way to Spain. When the first Europeans arrived in coastal southwest Florida in the 16th century they encountered the Calusa, a powerful, complex society ruled by a paramount chief. The principal town of the Calusa is thought to be the site of Mound Key in Estero Bay near Fort Myers Beach. Historic documents suggest that the Calusa chief ruled over fifty towns, from which he exacted tribute (Widmer 1998). By the middle of the 18th century, the Calusa population had been almost totally decimated and dispersed as a result of conflicts with the Europeans and exposure to their diseases. As the Calusa disappeared, fishing communities, or "ranchos," were established by Cuban and Spanish fisherman on barrier islands and along the coast between Charlotte Harbor and Tampa Bay. The earliest recorded ranchos may have been at Useppa Island and San Carlos Bay in Charlotte Harbor ca. 1765 (Hammond 1973). However, there is some evidence that remnants of the once powerful Calusa joined the Cuban- Spanish fishermen at the ranchos in Charlotte Harbor during the early 18th century (Almy 2001). The ranchos supplied dried fish to Cuban and northern markets until the mid- 1830s, when onset of the Seminole Indian Wars and customs control ruined the fisheries. The area which now constitutes the State of Florida was ceded to England in 1763 after two centuries of Spanish possession. England governed Florida until 1783 when the Treaty of Paris returned Florida to Spain; however, Spanish influence was nominal during this second period of ownership. Prior to the American settlement of Florida, portions of the Muskogean Creek, Yamassee and Oconee Native American Indian populations moved into Florida and repopulated the demographic vacuum created by the genocide of the original aboriginal inhabitants. These migrating groups of Native Americans became known to English speakers as Seminioles or Seminoles. This term is thought to be either a corruption of the Creek ishti semoli (wild men) or the Spanish cimarron (wild or unruly). Many Indians who escaped death or capture fled to the swamps and uncharted lands in South Florida. The Seminoles forted, at various times, loose confederacies for mutual protection against the new American Nation to the north (Tebeau 1971:72). Escaped slaves from South Carolina and Georgia joined the Seminoles who provided protection to this fugitive population (Porter 1996). The loss of slave labor, particularly in light of the abolitionists movement in the northeast, coupled With the anxiety of having a free and hostile slave population immediately to the south, caused great concern among plantation owners. This historically underestimated nuance of the Seminole Wars prompted General Thomas S. Jesup to say "This you may be assured is a negro and not an Indian War" (Knetsch 2003: 104). IP06057 CRAS RepoM/Mmh 2006 I EN The bloody conflict between the Americans and the Seminoles over Florida came to a head in 1818, and was subsequently known as the First Seminole War. As a result of the war and the Adams -Onis Treaty of 1819, Florida became a United States territory in 1821, but settlement was slow and scattered during the early years. Andrew Jackson, named provisional governor, divided the territory into St. Johns and Escambia Counties. At that time, St. Johns County encompassed all of Florida lying east of the Suwannee River, and Escambia County included the land lying to the west. In the first territorial census in 1825, some 317 persons reportedly lived in South Florida; by 1830 that number had risen to 517 (Tebeau 1971:134). Although the First Seminole War was fought in north Florida, the Treaty of Moultrie Creek in 1823, at the end of the war, was to affect the settlement of south Florida. In exchange for occupancy of approximately four million acres of reservation land south of Ocala and north of Charlotte Harbor, the Seminoles relinquished their claim to the remainder of the peninsula (Mahon 1967:46 -50; Covington 1958). The treaty satisfied neither the Native Americans nor the settlers. The inadequacy of the reservation, the desperate situation of the Seminoles, and the mounting demand of the whites for their removal, soon produced another conflict. By 1835, the Second Seminole War was underway, initiated with the Seminole attack on Major Dade's company en route to Fort King. Although much of the Second Seminole War was fought in central Florida, as the Seminoles fled southward into the swamps and marshes of south Florida, they were pursued by U.S. forces. At approximately the time when engagements were entering in the vicinity of the project area, a shift in military installation paradigm occurred. > In October 1840, U.S. Secretary of War Joel Poinsett advised commander Armistead that the construction of fixed post installations should be discontinued and temporary depots should be adopted (Knetsch 2003). This new strategy was a direct response to the guerilla -like warfare utilized by the Seminoles and an abandonment of European- modeled set piece warfare. As a result of this directive, the landscape of south Florida was dotted with depots and only slightly more substantial "forts ". The forts of south Florida very rarely approximated the size and permanency of forts such as Brooke, King, and Mellon. One such typical south Florida Second Seminole War installation was Fort Doane, located approximately four to five miles southwest of the project area. The fort, strategically situated to supply scouting parties, was actually the consolidation of Depots 1, 2, and 3. Occupied for only one month at the terminus of the Second Seminole War, Fort Doane was established on December 21, 1841 and abandoned in January 1842. Fort Doane was garrisoned by the 81h infantry, Companies B, C, D, E, and 1 under the command of William Jenkins Worth (National Archives n.d.; William Worth Belknap Papers n.d.). When decommissioned in January of 1842, the garrison at Fort Doane was transferred to Fort Simmons (Fort Myers) (William Worth Belknap Papers n.d). P06057 CRAS Report /March 2006 I The federal government ended the Second Seminole War in 1842 by withdrawing, troops from Florida. At the war's end, some of the battle -weary Seminoles were persuaded to emigrate to the Oklahoma Indian Reservation where the federal government had set aside land for Native American inhabitation. After much political deliberation over the fate of black Seminoles (Knetsch 2003:126), approximately 500 black Seminoles were allowed to accompany the "red Seminoles" west (Porter 1996). Those Seminoles who wished to remain in Florida were allowed to do so, but were pushed further south into the Everglades and Big Cypress Swamp. This area became the final stronghold of the Seminoles (Mahon 1967:321). In 1845, the Union admitted the State of Florida with Tallahassee as the state capital and survey and exploration of the Big Cypress and Okeechobee areas was intensified. Tension mounted as the Seminoles watched with growing alarm the passage of military patrols and survey parties, and complaints were made to Indian Agent Captain Casey that such activities made hostilities inevitable (Covington 1982:33). When hostilities escalated, Captain Casey's duties were suspended (National Archives n.d.c). Patrols typically found little remaining of previous military installations, such as Fort Doane, however navigation and location was always in doubt given the limited cartography and featureless swamps. One officer lamented that "The maps represent the shape of the Big Cypress so differently in' this portion of it and also the course of the creek Okltoloakooche [Okaloacoochee Slough] from what I found that I felt doubts if I had yet reached the right place" (National Archive n.d.d). On January 22, 1855 Lt. George Hartsuff was appointed topographical engineer and main surveyor and began exploration of the Big Cypress and Everglades. During this time he helped establish Forts Simon Drum and Shackleford. The site of Fort Simon Drum (8CR78; Figure 3) was relocated in the 1940s to the east of the project area by D: Graham Copeland and subsequently commemorated with a concrete survey marker (Copeland 1947; Florida Preservation Services 1985). Archaeological investigation of the fort site revealed that it was situated atop a prehistorically occupied Glades black dirt midden (FMSF). This "geographic reuse" underscores the paucity of adequate settlement areas within the Big Cypress region. When the rainy season set in, in June of 1855, survey was suspended and Hartsuff returned to Ft. Myers and began work on his field notes and maps. "In a sketch furnished to the war department, Hartsuff showed the exact location of many Indian villages. He added that he had been into the chief haunt of the Indians which contained most of their villages, gardens and cattle pens" (Covington 1982: 35). Sampson Forrester, a Black Seminole, provided the following account of the Seminole existence in the swamps: "Within the swamp are many pine - islands, upon which the villages are located. They are susceptible of cultivation, and between them is a cypress swamp, the water from two to three feet deep. The Indians rely principally upon their crops, which, though small, add much to their comfort Corn, pumpkins, beans, wild potatoes, and cabbage palmetto, afford subsistence. The scarcity of powder deprives them partially of P06057 CRAS Repon /March 2006 a game; though bears and turkey are frequently killed with arrows. Discharging a rifle was forbidden, as in a country .so flat and wet the reverberation is in abundance; but there they apprehend discovery. A few ponies, cattle, hogs, and chickens are owned by the chief." (Tampa Tribune 1955). Life in the swamps of south Florida did not come easily or naturally to the Seminoles, who, in the space of a few generations moved from the uplands of Alabama and Georgia to the swamps of south Florida. Opals (1990) considers it likely that the Gullah, the principle group of the escaped slave population, assisted the Native American Indians with their adaptation to the tropical environment of south Florida. The Gullah originated in west Africa and were knowledgeable of tropical environments and agriculture. Surviving Native Floridians, including Calusa and Tequesta, were also assimilated into Seminole society and were likely an invaluable source of adaptation and agricultural knowledge (Almy 2001; Hann 1991). In a 1920 Botanical Excursion into the Big Cypress, John Small observed, "the plants now growing there may be the descendents of specimens introduced and cultivated in the gardens the Seminoles maintained there" (Small 1920). On December 7, 1855, Lieutenant Hartsuff again set out for the Big Cypress with orders to make reconnaissance and take note of any Indian fields and settlements (Covington 1982: 1). Within a few days, the company found the charred ashes of Forts Simon Drum and Shackelford (east of the project area) which had been abandoned during the rainy season. Every Indian village entered was found to be deserted, and when leaving Billy Bowlegs' village on December 18, 1855, artillerymen took bunches of planted bananas. Later, in the day, the company received orders to return to Fort Myers and they began the trip westward. They camped for the evening in a small grove south of present -day Immokalee and were ambushed at 5:00 AM by 30 Seminole warriors led by Billy Bowlegs (Covington 1982:1). In what was perhaps the result of a gravely misunderstood aggression (the taking of bananas), and tragically ill -timed orders (had they only left a day earlier), the Third, and final, Seminole War began. For the following two and a half years, hit and miss skirmishes extended from the Big Cypress and Everglades to Darby in Pasco County and New Smyrna Beach in Volusia County. Through this period, U.S. military strategy ranged from the use of poorly disciplined militia, to violent campaigns, to truce offerings. After several previous betrayals, the Seminoles did not respond to the latter tactic. By the summer of 1857, the focus was on Billy Bowlegs in the Big Cypress. This effort was greatly aided by the use of shallow draft boats (Covington 1982). When found, villages were burned, fields were destroyed, horses and cattle were slaughtered, and Seminoles captured. As Seminole warriors were occupied hunting or scouting, captured villagers were typically women and children, the wounded and the elderly. On November 19, 1857, Captain William Cone's company discovered an occupied village (iccation unknown). Two Seminole guards were killed and five women, thirteen children, and a wounded warrior were taken prisoner (Covington 1982: 72). P06057 CRAS ReponlMuch 2006 LIZE 4 -5 Military action was not decisive during the war. Therefore, in 1858 the U.S. government resorted to monetary persuasion to induce the remaining Seminoles to migrate west. Chief Billy Bowlegs, who had surrendered to federal forces at Fort Myers, accepted $5,000 for himself and $2,500 for his lost cattle; each warrior received $500, and $100 was given to each woman and child. On May 4, 1858 the ship Grey Cloud set sail from Fort Myers with 38 Seminole warriors and 85 Seminole women and children. Stopping at Egmont Key, 41 captives and a Seminole woman guide was added to the group. This made a total of 165 Seminoles migrating west. On May 8, 1858, the Third Seminole War was declared officially over (Covington 1982:78 -80). Cattle ranching served as one of the earliest important economic activities reported in the region. Mavericks left by'early Spanish explorers such as Desoto and Narvaez provided the stock for the herds raised by the mid - eighteenth century "cowkeeper" Seminoles. As the Seminoles were pushed further south, during the Seminole Wars and their cattle were either sold or left to roam, settlers captured or bought the cattle. By the late 1850s, the cattle industry of southwestern Florida was developing on a significant scale. By 1860, cattlemen from all over Florida drove their herds to Fort Brooke (Tampa) and Punta Rassa for shipment to Cuba, at a considerable profit. During this period; Jacob Summerlin became the first cattle baron of southwestern Florida. Known as the "King of the Crackers," Summerlin herds ranged from Ft. Meade to Ft. Myers (Covington 1957). In 1861, Florida followed South Carolina's lead and seceded from the Union as a prelude to the American Civil War. Florida had much at stake in this war as evidenced in I a report released from Tallahassee in June of 1861. It listed the value of land in Florida's 35 counties as $35,127,721 and the value of the slaves in the state at $29,024,513 (Dunn I 1989:59). Although the Union blockaded the coast of Florida during the war, the interior of the state saw very little military action: Florida became one of the major contributors of beef to the Confederate government (Shofner 1995:72). Summerlin originally had a I contract with the Confederate government to market thousands of head a year at eight dollars per head. However, by driving his cattle to Punta Rassa and shipping them to Cuba, he received 25 dollars per head (Grismer 1946:83). In an attempt to limit the I supply of beef transported to the Confederate government, Union troops stationed at Ft. Myers conducted several raids into the Peace River Valley to seize cattle and destroy ranches. In response, Confederate supporters formed the Cattle Guard Battalion, I consisting of nine companies under the command of Colonel Charles J. Mannerlyn (Akerman 1976:91 -93). The cattlemen and the farmers in the state lived simply. The typical home was a log cabin without windows or chinking, and settlers' diets consisted I largely of fried pork, corn bread, sweet potatoes, and hominy. The lack of railway transport to other states, the federal embargo, and the enclaves of Union supporters and Union troops holding key areas such as Jacksonville and Ft. Myers prevented an influx of finished materials. As a result, settlement remained limited until after the Civil War. Immediately following the war, the South underwent a period of "Reconstruction" L to prepare the Confederate States for readmission to the Union. The program was administered by the U.S. Congress, and on July 25, 1868, Florida officially returned to IP06057 CRAS RepoNMamh 2006 46 ? U the Union (Tebeau 1971:251). In most of the early settlements, development followed the earlier pattern with few settlers, one or two stores, and a lack of available overland transportation. This pattern changed between 1870 and 1890 when land speculators began promoting south Florida as a tropical paradise good for one's body, soul; and pocketbook. The resulting increase in settlement of the region precipitated the need for federal cartographic surveys. The north, south, east, and portion of the west exterior boundaries of Township 47 South, Range 29 East were surveyed by W.L. Apthorp in 1872 (State of Florida 1872). The remainder of the western boundary and the interior lines of the Township and Range were surveyed in 1874 by T.S. Steams. During this survey, Steams described land within the general project area as "third rate prairie and pine ", and noted scattered grass ponds (State of Florida 1874a:421, 430 -432). The resulting Plat depicts a mound on the northern boundary of Section 2, approximately 3.25 miles northwest of the project area; a homestead in the northwest comer of Section 4, about 2.5 miles northwest of the project area; and a trail about two miles south of the project area (State of Florida 1874b). Historic maps of the area illustrate an abundance of military occupation in the general project vicinity. A Sketch of the Southern Part of Florida, shows several military trails, forts and depots within the Big Cypress region in 1841 and 1842; a Military Map of the Peninsula of Florida was compiled in 1856, also depicting a series of military routes and various forts within the project vicinity (Humphreys 1856). Because current exterior and subdivision lines had not yet been determined at the time these maps were created, precise placement of these features in relation to the project area was not feasible. However, based upon the 1874 plat, no manmade features, including homesteads, villages, trails, forts or mounds, are depicted within or adjacent the project area. The last land survey in the project vicinity was performed over a century later, when Timothy W. Downey; Sr. surveyed land in Sections 10 and 15 in 1990 (State of Florida 1990). In the 1870s, while the area within Collier County was still part of Monroe County, settlement evolved slowly and in isolated pockets. In 1872, the first permanent settlers came to Immokalee, north of the Silver Strand Business Park property. Growth to this inland town remained slow until the early part of the twentieth century due to the lack of transportation corridors and the inhospitable terrain (Tebeau 1966: 193). By the early 1880s, the State of Florida faced a financial crisis involving title to public lands. By act of Congress in 1850, the federal government turned over to the states for drainage and reclamation all "swamp and overflow land." Florida received approximately 10,000,000 acres. To manage that land and the 5,000,000 acres the state had received on entering the Union, the state legislature in 1851 created the Board of Trustees of the Internal Improvement Fund. In 1855, the legislature established the actual fund (the Florida Internal Improvement Fund), in which state lands were to be held. The fund became mired in debt after the Civil War and under state law no land could be sold until the debt was cleared. In 1881, the Trustees started searching for a buyer capable of purchasing enough acreage to pay off the fund's debt and permit the sale of the remaining millions of acres that it controlled. Hamilton Disston, a member of a prominent Pennsylvania saw manufacturing family, in 1881, entered into agreement with the State P06057 CRAS Report /March 2006 of Florida to purchase four million acres of swamp and overflowed land for one million dollars. In exchange, he promised to drain and improve the land. This transaction, which became known as the Disston Purchase, enabled the distribution of large land subsidies to railroad companies, inducing them to begin extensive construction programs for new lines throughout the state. Disston and the railroad companies, in turn, sold smaller parcels of land to developers and private investors (Tebeau 1965:252): The Carrabelle, Tallahassee, Georgia Railroad Company purchased Section 15 of Township 47 South, Range 29 East, including the current property on April 14, 1894 (State of Florida n.d.: 269). In 1888, the Women's National Indian Association's Missionary Committee began to investigate the living conditions of the Florida Seminoles. In 1891, representatives of the committee visited the Seminole camps on the western edge of the Everglades. Upon this inspection, Mrs. Amelia Quinton, president of the. committee, purchased 400 acres of land west of Immokalee, and Dr. and Mrs. J.E. Brecht arrived to establish a mission in June of that year (Tebeau 1966: 71). The federal government took responsibility for the project almost immediately after the land purchase. On 80 acres, a program was planned to provide employment for the Seminoles and educate them in the ways of the whites. To that end, they built a sawmill, supplied mules, oxen, logging carts, and farming implements, to induce the Seminoles to move from their camps. However, the Indians refused to give up their way of life and the project and property was transferred to the Florida Episcopal Diocese in 1893. It was this nucleus of buildings that was the beginning of the town of Immokalee (Tebeau 1966: 72; Federal Writer's Project 1939: 481; Florida Preservation Services n.d.: 77). The automobile, telephone, and electricity introduced a state and national perspective into the small communities of southwest Florida. The construction of the Tamiami Trail played a significant role in this development. Prior to its inception in 1915, portions of the Tamiami Trail existed in the form of county roads. When the Florida State Road Department began joining these disparate roadways, traffic increased and southwest Florida's tourist industry was bom. At its completion in 1928, the Tamiami Trail connected Tampa to Miami (Scupholm 1997). On July 7, 1923 the state legislature created Collier County and named Everglades City as county seat. Collier became the second largest county in Florida with a land area of 2,032 square miles. At the time of its creation, the county consisted of pine and cypress land and extensive swamp land. The towns within the county: Immokalee, Naples, Marco, Caxambas, Chokoloskee, Deep Lake, and Everglades City were all small settlements and were separated by almost inaccessible terrain. The county was created largely due to a promise from Barron G. Collier, who owned ninety percent of the land, that he would see to the construction of the Tamiami Trail within the county (Naples Daily News 1976; Florida Preservation Services n.d.: 51), Barron Collier was also instrumental in bringing modem communications and railroads to his namesake county. His promotions eventually opened up the area's enormous agricultural and resort potential, but modest signs of growth were halted by the IP06057 CRAS Repon /March 2006 1 mm Great Depression. Collier County's economy and population remained at a virtual standstill until the end of WWII when a new wave of national prosperity sent thousands of people to Florida (Dean 1991). Other improvements in transportation during this decade included the 1921 Atlantic Coast Line Railway Company's extension south from LaBelle to Immokalee. The town took on new importance and became a center for inland activity in Collier County (Tebeau 1966:200). While Barron Collier was promoting the Tamiami Trail, he and his supporters were also making an effort to open a direct highway route from Immokalee to the county seat of Everglades City. By 1923, an unimproved road from LaBelle through Immokalee, terminating at Deep lake, was depicted on a Florida State Map (Kendrick 1964: inside front cover). This road was completed between Immokalee and Everglades City in the early 1920s and remained isolated and fairly deserted until the 1930s (Florida Preservation Services n.d.:56). Collier County also induced,the ACL to continue its line south to Everglades City around 1927. The two projects linked the town with outer areas of the county and the Tamiami Trail. With the arrival of the railroad and improved highways, Immokalee became a center for ranching, farming, and lumbering (Tebeau 1966:200 -205). The 1954 Soil Maps of Collier County (survey conducted from 1937 to 1942) depicts three towns located along SR 29, east and southeast of the project area. Arzell, located in Township 48 South, Range 30 East, Sections 5 and 8, was the largest of these settlements possessing approximately 29 buildings. Established in 1938 as a farming community, the land has never been divided into parcels and is still under the ownership of Collier descendents. This former farming community is today an orange grove. Harker, located in Township 47 South, Range 30 East, Section 32, had only four buildings and was also a farming community established in the 1920s. Like Arzell, the land within Harker has remained under the ownership of Collier descendents. Finally, Bunker Hill, in Township 47 South, Range 29 East, Section 13, had six structures according to the 1954 Soil Survey. It was once an active lumber community established in the 1920s. By 1961, the Collier County Property Appraiser's records show the town with numerous structures including a church, community showers, a community pump house, and many dwellings with land ownership remaining within the Collier family. All the buildings in Bunker Hill were removed from the Property Appraiser's records in 1961 with no explanation given. The communities of Bunker Hill, Harker, and Arzell are no longer extant (ACI 1995; USDA 1954: sheet 1; Naples Daily News 1976; Collier County Property Appraiser's records). In the late 1940s, the agricultural thrust in Collier County began with approximately 640 cultivated acres along SR 29 in the vicinity of Ochopee- Copeland. By the early 1970s, citrus, watermelons, tomatoes, bell pepper, and cucumber were the largest producing crops within the county. Other vegetable crops included squash, cantaloupes, potatoes, melons, cabbage, letruce, eggplant, corn, beans, and okra (Naples Dailey News 1973). L IP06057 CRAS RepoWMarch 2006 I L. 4 -9 In 1958, the Atlantic Coast Line Railway abandoned its line from Everglades to Copeland. Three years later, the section from Sunniland to Copeland along SR 29 was discarded. However, as late as 1976, the section from Sunniland to Immokalee remained in service as a freight line but has since been discontinued (Naples Daily News 1976). The agricultural growth of the county led to an influx of migrant workers into the county. In 1966, Collier County began its first effort to house these workers. The Farm Workers Village, located along SR 29 in Township 47 South, Range 29 East, Section 11, is a 491 -unit apartment complex operated by the Collier County Housing Authority. Providing affordable housing to the migrant farm workers, the development continues to expand, and provides three daycare centers, postal services, a convenience store, a laundromat, and an educational building to those who live there (Naples Daily News 1991). Interior Collier County continues to be primarily agricultural. Since Naples was made the county seat in 1962, it has increased in importance to become a government center for the county, and the coastal region in general has developed into a major tourist vacation destination. The growth of the county continues into the present. The estimated population of Collier County in 2004 was 296,678, representing an 18% increase from the year 2000 (US Census Bureau 2006). P06057 CRAS Report /March 2006 5_i 8 C 5.0 RESEARCH CONSIDERATIONS AND FIELD METHODS 5.1 Background Research and Literature Review A comprehensive review of archaeological and historical literature, records, and other documents and data pertaining to the Silver Strand Business Park property was conducted prior to field investigation. The focus of this research was to ascertain the types of cultural resources known in the area, their temporal/cultural affiliations, site location information, and other relevant data. This research included a review of sites listed in the FMSF, NRHP, and cultural resource survey reports. A brief overview of the research considerations and field methodologies specific to the Silver Strand Business Park property is provided below. No interviews were conducted as part of this study. It should be noted that the FMSF data used in this report were obtained from the FMSF in March 2006. However, input is typically one month behind receipt of reports and site files. Thus, the findings of the background research phase of investigation may not be current with actual work performed in the general project area. In addition, in keeping with standard archaeological conventions, the metric form of measurement is used in this and the next section. 5.1.1 Archaeological Considerations A review of the FMSF and NRHP revealed that no previously recorded or listed prehistoric cultural resources are located within or adjacent to the Silver Strand Business Park property. Sites nearest the project area are situated between three and four miles (4.8 and 6.4 km) to the northwest. These four sites consist of two mounds (8CR703 and 704), a ceramic scatter (8CR708), and a midden (8CR828). The two mounds and midden date to the Glades period (ca. 1000 B.C. to A.D. 1700). The Williamson Mound 1 I (8CR703) and Arrowhead Midden (8CR828) are considered eligible for listing in the NRHP, and the Williamson Site 2 (8CR704) is considered potentially eligible for listing in the NRHP. The mound sites were originally recorded during an archaeological and I historical survey of the Williamson property (Archaeological and Historical Conservancy [AHC] 1989). The FMSF form for 8CR703 was updated and the Arrowhead Midden (8CR828) was recorded during the survey of the Arrowhead Parcel (AHC 2002). David I Dickel recorded the ceramic scatter in 1991, which is considered ineligible for listing in the NRHP. Additional archaeological surveys have been performed in the area as well. The I surveys nearest the project area, between a quarter and half a mile (0.4 and 0.8 km), include those of the Proposed Thirty Acre Seminole Housing Project (Austin 1987b) and the proposed Immokalee Cellular Tower site (ACI 2001). In 2004, the Ava Maria property was surveyed approximately 1.25 miles (2 km) southwest of the project area (ACI 2004a, 2004b). Additional surveys were performed to the east of tho project area along Oil Well Road (ACI 1995a, 1995b, 1995c), and to the north within the Immokalee 1 Regional Airport Parcel (Beriault 2004). These surveys did not result in the recording of ( archaeological sites within the project vicinity. P06057 CRAS Repon /March 2006 52 g C A "Historic Map of Collier County ", published in the Naples Daily News (1976), depicts several Indian trails in the general vicinity of the Silver Strand Business Park property. Although none appears to cross within the project boundaries, these transportation routes illustrate the presence of prehistoric and /or historic Native American populations in the region. Although there are no historical resources recorded within or adjacent to the Silver Strand Business Park property, various military trails and forts were plotted on a Military Map of the Peninsula of Florida in 1856 (Humphreys 1856). Forts depicted in the general area included Forts Doane (8CR660, southeast of the project area), Keais (southwest of the project area), Simon Drum (8CR78, east of the project area), and Foster (southwest of the project area). However, as the map was created before land surveys of the area were complete, it was not possible to determine the precise location of these features in relation to the current project area. In addition, the Plat resulting from the original 1874 land surveys in the area depicted no such features within or adjacent to the project area, nor did the surveyor, T.S. Steams, mention any forts, trails, or villages in his notes concerning the immediate project vicinity. One of the forts in the area, Fort Doane (8CR660), was recorded by Florida Preservation Services (1985) between four and five miles southwest of the current project area. Ft. Doane, established on December 21, 1841 during the Big Cypress campaign, served as a temporary supply camp garrisoned by the 81h U.S. Infantry. The fort was abandoned in January 1842, and no evidence of the encampment could be found in 1855 when Lieutenant Hartsuff came through the area on the eve of the Third Seminole War (Florida Preservation Services 1985). In addition, its location was not noted on the 1874 plat. Fort Doane (8CR660) is recorded at the FMSF as being located somewhere in the southeast quarter of Section 6, Township 48 South, Range 29 East. The site was revisited during field investigation of the Ava Maria property (ACI 2004b), although no evidence of the site was recovered at that time. Fort Simon Drum was relocated by D. Graham Copland about five miles east of the project area (Copland 1947; Florida Preservation Services 1985). The Silver Strand Business Park project area was considered to have variable zones of archaeological probability (ZAP), with moderate ZAPs located upon the 25 foot contour within project boundaries, as well as land proximate freshwater sources along the western project boundary. Also, based on cultivation of the project area, it appeared that any historic road /trail segments which once passed through the area would have been most likely destroyed as a result of extensive land altering activities. However, there was a potential for the occurrence of durable artifacts, such military buttons, rifle shot, broken /discarded tools, or nails, in addition to prehistoric artifacts, during subsurface survey. No historic forts were anticipated within the project area. 5.1.2 Historical Architectural Considerations Background research including a review of the USGS Immokalee, Fla. (1958, PR 1958, PI 1987) indicated no potential for the presence of historic (50 years of age or older) standing structures within the Silver Strand Business Park property. P06057 CRAS ReporWarch 2006 I�. 53 8c 5.2 Field Methodoloev Archaeological field methodology consisted of a pedestrian survey and subsurface testing. Following ground surface inspection, subsurface shovel testing was carried out in order to locate sites not exposed on the ground, as well .as to test for the presence of buried cultural deposits in areas yielding surface artifacts. Subsurface testing was systematically carried out at 50 in (164 ft) and 100 in (328 ft) intervals. Shovel test pits were circular, and, measured approximately 50 cm (1.6 ft) in diameter by at least 1 in (3.3 ft) in depth. All soil removed from the test pits was screened through 6.4 mm (.25 in) mesh hardware cloth to maximize the recovery of artifacts. The locations of all shovel tests were plotted on the aerial map, and, following the recording of relevant data such as stratigraphic profile, all test pits were refilled. Historicallarchitectural field methodology consisted of a visual reconnaissance of the proposed development property. Sites, if found, would be photographed, and information needed for completion of FMSF forms gathered. In addition to architectural descriptions, it was planned to assess style, historic context, condition, and potential NRHP eligibility for each historic resource'identified. Based on background research, no historic resources were anticipated. 5.3 Laboratory Methods and Curation Artifacts, should they be found, will be cleaned and sorted by artifact class. Lithics will be divided into tools and debitage on the basis of gross morphology. Tools will be measured, and the edges examined with a l Ox hand lens for traces of edge damage. Lithic debitage will be subjected to a limited technological analysis focused on ascertaining the stages of stone tool production. Flakes and non -flake production debris (i.e., cores, blanks, and preforms) will be measured, and examined for raw material types and absence or presence of thermal alteration. Flakes will be classified into four types (primary decortication, secondary decortication, non - decortication, and shatter) on the basis of the amount of cortex on the dorsal surface and the shape. If found, aboriginal ceramics will be classified into commonly recognized ceramic types based upon observable characteristics such as paste and surface treatment. If found, historic materials will be identified using a variety of resources to determine site function and temporal placement. All project related records will be curated at Archaeological Consultants, Inc. (ACI) in Sarasota, unless the client requests otherwise. P06057 CRAS ReporWarch 2006 5.4 8 1 5.4 Unexpected Discoveries It was anticipated that if human burial sites such as Indian mounds, lost historic and prehistoric cemeteries, or other unmarked burials or associated artifacts were found, then the provisions and guidelines set forth in Chapter 872.05, F.S. (Florida's Unmarked Burial Law) would be followed. Although burial mounds have been recorded along the coast, it was not anticipated that such sites would be found during this survey based on background research. P06057 CRAS Report/March 2006 L 6 -1 6.0 SURVEY RESULTS AND CONCLUSIONS 6.1 Archaeological Results M Archaeological field survey included both ground surface reconnaissance and the excavation of 50 shovel tests within the Silver Strand Business Park property (Figure 6.1). Thirty-five of these shovel tests were placed at 50 in (164 ft) intervals along a 25 ft contour, as well as along the western project boundary proximate wetlands outside the project area. Fifteen shovel tests were placed at 100 m (328 ft) intervals within the remainder of the project area. As a result of this effort, no cultural materials were recovered. Typical stratigraphy of the Silver Strand Business Park Property consisted of an upper 30 cm (12 in) of gray fine sand underlain by 70 cm (28 in) of grayish -brown fine sand. In addition, no features, either historic or prehistoric, were observed on the ground surface. Had any such features ever existed, they most likely would have been destroyed by extensive cultivation of the citrus grove that characterizes the property. 6.2 Historical The historical resource survey of the Silver Strand Business Park revealed an absence of historic structures (50 years of age or older). Thus, no structures listed or considered eligible for listing in the NRHP are located within the property. 6.3 Recommendations Based on the results of the background research, field survey and analysis, development of the Silver Strand Business Park Property will not impact any significant cultural resources. No further work is recommended. P06057 CRAS RepoNMamh 2006 w._ _. ,w Al a11L ILLS r�. II / 27 If �r 111 r � x' is 41-- . _,- Project Location V- NI` FjJ �ill�s 0 0.25 0.5 mile Figure 6.1 Approximate Location of Shovel Tests Wtihin the Silver Strand Business Park. Collier County, Township 47 South, Range 29 East, Section 15 (USGS lmmokalee, Fla. 1958, PR 1987). Shovel tests are not to scale. I • • • - �1 y nl i. _ail1a. �JL _ ayv- �.. _ 4�J NI` FjJ �ill�s 0 0.25 0.5 mile Figure 6.1 Approximate Location of Shovel Tests Wtihin the Silver Strand Business Park. Collier County, Township 47 South, Range 29 East, Section 15 (USGS lmmokalee, Fla. 1958, PR 1987). Shovel tests are not to scale. I 7.0 REFERENCES CITED Akerman, Joe A., Jr 8C 7.1 1976 Florida Cowman, A History of Florida Cattle Raising. Florida Cattlemen's Association, Kissimmee. Almy, Maranda M. 2001 The Cuban Fishing Ranches of Southwest Florida 1600 — 1850s. Unpublished Honors Thesis, Department Anthropology, University of Florida Gainesville. Anonymous 1987 Calusa News. Number 1. University of Florida, Gainesville. Archaeological Consultants, Inc. (ACI) 1995a Cultural resource Assessment Survey SR 29, From 1.5 Miles North of Oil Well Road to South of CR 846 (Two Miles and One Bridge), Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 1995b Cultural resource Assessment Survey SR 29, From 1.5 Miles North of Oil Well Road to South of CR 846 (Six Miles Exclusive of Three Bridges), Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 1995c Cultural resource Assessment Survey SR 29, From 1.5 Miles North of Oil Well Road to South of CR 846 (Three Bridges), Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 1999 Update Historical /Archaeological Probability Maps and Data Sheets for Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 2001 Proposed Cellular Tower Site: Immokalee, Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 2004a Cultural Resource Assessment Survey Ava Maria Preliminary Development Agreement '(PDA) Property, Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. 2004b Cultural Resource Assessment Survey Ava Maria Development of Regional Impact (DRI) Property, Collier County, Florida, Addendum to Cultural Resource Assessment Survey Ava Maria Preliminary Development Agreement (PDA) Property, Collier County, Florida. Manuscript on file, Archaeological Consultants, Inc., Sarasota. Archaeological and Historical Conservancy (AHC) 1989 An Archaeological and Historical Assessment of the Williamson Parcel, Collier County, Florida. Manuscript on file, Archaeological and Historical Conservancy, Miami. P06057 CRAS RepoNMamh 2006 7 -2 Archaeological and Historical Conservancy, (AHC) 2002 An Archaeological and Historical Assessment of the Arrowhead Parcel, Collier County, Florida. Manuscript on file, Archaeological and Historical Conservancy, Miami. Austin, Robert 1987a An Archaeological Site Inventory and Zone Management Plan for Lee County, Florida. Manuscript on file, Janus Research, St. Petersburg. 1987b Cultural Resource Assessment of a Proposed Thirty Acre Seminole Housing Project in Collier County, Florida. Manuscript on file, Janus Research, St. Petersburg. 1992 Letter to William H. Marquardt Reporting Three Galt Island Radiocarbon Date Results from Beta Analytic, Inc. Associated with the 1991 Piper Archaeology /Janus Research Fieldwork. Florida Museum. of Natural History Southwest Florida Project Files, Gainesville. Beriault, John, Robert Carr; Jerry Stipp, Richard Johnson, and Jack Meeder 1981 The Archaeological Salvage.of the Bay West Site, Collier County, Florida. The Florida Anthropologist 34:39 -58. 2004 An Archaeological and Historic Reconnaissance Survey of the Immokalee Regional Airport, Collier County Florida. Manuscript on file, Archaeological and Historical Conservancy, Miami. Bullen, Ripley P. 1975 A Guide to the Identification, of Florida Projectile Points. Kendall Books, Gainesville. Bullen, Ripley P. and Adelaide K. Bullen 1956 Excavations at Cape Haze, Peninsula, Florida. Florida State Museum Contributions, Social Sciences 1. Gainesville. Carbone, Victor 1983 Late Quaternary Environment in Florida and the Southeast. The Florida Anthropologist 36 (1- 2):3 -17. Carr, Robert S. 1986 Preliminary Report of Archaeological Excavations at the Cutler Fossil Site in Southern Florida. Paper presented at the 51st Annual Meeting of the Society for American Archaeology. Carr, Robert and John Beriault 1984 Prehistoric Man in South Florida. In Environments of South Florida: Present and Past, edited by P.J. Gleason, pp. 1 -14, 2nd Ed. Miami Geological Society, Coral Gables. Clausen, Carl J., H.K. Brooks, and A.B. Wesolowsky 1975 Florida Spring Confirmed as 10,000 Year Old Early Man Site. Florida L Anthropological Society Publication 7:1 -38. P06057 CRAS RepoNMarch 2006 Clausen, Carl J., A.D. Cohen, Cesare Emiliani, J.A. Holman, and J.J. Stipp 1979 Little Salt Spring, Florida: A Unique Underwater Site. Science 203:609- 614. Cockrell, Wilburn A. 1970 Glades I and Pre - Glades Settlement Patterns on Marco Island, Collier County, Florida. M.A. Thesis, Florida State University, Tallahassee. Cockrell, Wilburn A. and Larry Murphy 1978 Pleistocene Man in Florida. Archaeology of Eastern North America 6:1- 13. Coleman, Wesley F. 1973 Site 8DA141, Dade County, Florida. The Florida Anthropologist 26:126- 128. 1997 Excavation of a Late Archaic Everglades Site, 8DA141, Dade County, Florida. The Florida Anthropologist 50:133 -137. Copeland, Graham D. 1947 "Notes on the History of Collier County ". Collier County Museum, Naples. Cordell, A.S. 1992 Technological Investigation of Pottery Variability in Southwest Florida. In Culture and Environment in the Domain of the Calusa, edited by W.H. Marquardt, pp. 105 -189. Institute of Archaeology and Paleoenvironmental Studies, Monograph 1. University of Florida, Gainesville. Covington, James W. 1957 The Story of Southwestern Florida. Lewis Historical Publishing Company, New York. 1958 "Exploring the Ten Thousand Islands: 1838." Tequesta 18:7 -13. 1982 The Billy Bowlegs War 1855 -1858 The Final Stand of The Seminoles Against the Whites. The Mickler House Publishers, Chuluota. Daniel, Randy and Michael Wisenbaker 1987 Harney Flats: A Florida Paleo- Indian Site. Baywood Publishing Company, Inc., New York. Dean, Virginia 1991 Naples on the Gulf. An Illustrated History. Windsor Publications, Inc. Chatsworth. Delcourt, P. A., and H. R. Delcourt 1981 Vegetation Maps for Eastern North America: 40,000 yr. B.P. to the 1 Present. In Geobotany II, edited by R. C. Romans, Plenum Publishing Corporation. P06057 CRAS Repon /March 2006 L. Dunbar, James S. 1981 The Effect of Geohydrology and Natural Resource Availability on Site Utilization at the Fowler Avenue Bridge Mastodon Site (8H1393c /uw) in Hillsborough County, Florida. In Report on Phase H Underwater Archaeological Testing at the Fowler Bridge Mastodon Site (8HI393c /uw) Hillsborough County, Florida by Jill Palmer, James Dunbar, and Danny H. Clayton. Interstate 75 Highway Phase II Archaeological Report, Number 5. On file, Florida Division of Historic Resources, Tallahassee. Dunn, Hampton 1989 Back Home: A History of Citrus County, Florida. 2nd edition, Citrus County Historical Society, Inc., Inverness. Federal Writer's project of the Works Progress Administration 1939 Florida: A Guide to the Southern Most State. Oxford University Press, New York. Florida Preservation Services 1985 Collier County Historic Survey. Manuscript on file, Florida Division of Historical Resources, Tallahassee. n.d. Collier County Historic Survey. Manuscript on file, Florida Division of Historical Resources, Tallahassee. Florida Natural Areas Inventory and Florida Department of Natural Resources 1990 Guide to the Natural Communities of Florida. Tallahassee. Fradkin, Arlene 1976 The Wightman Site: A Study of Prehistoric Culture and the Environment on Sanibel Island, Lee County, Florida. M.A. Thesis, Department of Anthropology, University of Florida, Gainesville. Goggin, John M. 1947 A Preliminary Definition of Archaeological Areas and Periods in Florida. American Antiquity 13:114 -127. 1949 Cultural Traditions in Florida Prehistory. In The Florida Indian and His Neighbors, edited by John W. Griffin, pp. 13 -44. Rollins College, Winter Park. Griffin, John W. 1988 The Archaeology of Everglades National Park: A Synthesis. National Park Service, Southeast Archaeological Center, Tallahassee. P06057 CRAS Repon/March 2006 7580 Griffin, John W., Sue B. Richardson, Mary Pohl; Carl D. McMurray, C. Margaret Scarry, Suzanne K. Fish, Elizabeth S. Wing, L. Jill'Loucks; and Marcia K. Welch 1984 Excavations at the Granada Site: Archaeology and History of the Granada Site, Volume 1. Manuscript on file, Florida Division of Historical Resources, Tallahassee. Grismer, Karl 1946 The Story of Sarasota. Florida Grower Press, Tampa. Hammond, E.A. 1973 "The Spanish Fisheries of Charlotte Harbor." Florida Historical Quarterly 51:355 -380. Hann, John 1991 Missions to the Calusa. University of Florida Press, Gainesville. Hazeltine, Dan 1983 A Late Paleo- Indian Site, Cape Haze Peninsula, Charlotte County, Florida. The Florida Anthropologist 36:98 -100. Ives, Lieutenant J.C. 1856 Military Map of the Peninsula of Florida South of Tampa Bay. U.S. War Department, Washington D.C. Kendrick, Baynard 1964 Florida Trails to Turnpikes 1914 -1964. University Presses of Florida, Gainesville. Knetsch, Joe 2003 Florida's Seminole Wars 1817 -1858. Arcadia Publishing, Charleston, 2004 Personal Communication from Joe Knetsch, Ph.D., Department of Environmental Protection, to Jodi B. Pracht, Archaeological Consultants, Inc. Lamme, Robert 1975 1856 Military Road Map of South Florida: as Ordered by the Hon. Jefferson Davis, Secretary of War U.S.A. Adapted "Military Map of the Peninsula of Florida South of Tampa Bay," compiled by Lieut. J.C. Ives Top. Engineers, under the general direction of Capt. A.A. Humphreys Top. Engineers, by the order of Hon. Jefferson Davis, Secretary of War, April 1856. War Department. Lee, Arthur R. And John Beriault 1993 A Small Site - Mulberry Midden, 8CR697 - Contributions to Knowledge of the Transitional Period. The Florida Anthropologist 46:43 -52. P06057 CRAS Report /March 2006 .r 7 -6 8C I r " Lee, Arthur R., John G. Beriault, Jean Belknap, Walter M. Buschelman, John W. Thompson, and Carl B. Johnson 1998 Heineken Hammock, 8CR231: A Late Archaic Corridor Site in Collier County. The Florida Anthropologist 51(4):223 -239. Luer, George M. 1989 Calusa Canals in Southwestern Florida: Routes of Tribute and Exchange. The Florida Anthropologist 42(2):89 -130. Mahon, John K. 1967 History of the Second Seminole War 1835 -1842. University Press of Florida, Gainesville. Marquardt, Wm. H., ed. 1992 Culture and Environment in the Domain of the Calusa. Monograph 1, Institute of Archaeology and Paleoenvironmental Studies, University of Florida, Gainesville. Milanich, Jerald T. 1994 Archaeology of Precolumbian Florida. University Press of Florida, Gainesville. Milanich, Jerald T. and Charles H. Fairbanks 1980 Florida Archaeology. Academic Press, New York. Milanich, Jerald T., J. Chapman, A.S. Cordell, S. Hale, and R. A. Marrinan 1984 Prehistoric Development of Calusa Society in Southwest Florida: Excavations on Useppa Island. In Perspectives on Gulf Coast Prehistory, edited by D. D. Davis, pp. 258 -314. University Press of Florida, Gainesville. Mowers, Bert and Wilma Williams 1972 The Peace Camp Site, Broward County, Florida. The Florida Anthropologist 25:1 -20. National Archives n.d. Historical Information Relating to Military Posts and Other Installations ca. 1700 -1900, Roll 2 Volumes C -E. National Archives Microfilm Publication, Microcopy No. 661. National Archives and records Service, Washington. Naples Daily News 1973 Big Farming Major Cog in County Economy." March 6. Collier County Museum Vertical File. 1976 "The Collier Story. ". July 4. Collier County Museum Vertical File. 1991 "Farm Workers Village Celebrates 25 Years. " September 24. Collier County Museum Vertical File. Opala, Joseph 1990 Double Homecoming: American Indians with African Roots Return to the "Rice Coast". West Africa Magazine: 22 -28. P06057 CRAS Report /March 2006 7 -7' y Porter, Kenneth W. 1996 The Black Seminoles. University Press of Florida, Gainesville. Russo, Michael 1991 Archaic Sedentism on the Florida Gulf Coast: A Case Study from Horr's Island. PhD dissertation, Department of Anthropology, University of Florida, Gainesville. Scupholm, Carrie 1997 The Tamiami Trail: Connecting the East and West Coasts of the Sunshine State. The Society for Commercial Archeology Journal 15 (20 -24). Shofner, Jerrell H. 1995 History of Brevard County, Volume 1. Brevard County Historical Commission, Stuart. Small, John 1920 "A Botanical Excursion to the Big Cypress ". Natural History, Volume 20 (4):488 -500. State of Florida, Department of Environmental Protection 1872 Field Notes. Volume 220. 1874a Field Notes. Volume 225 1874b Plat. Township 47 South, Range 29 East. 1847c Plat. Township 48 South, Range 29 East. n.d. Tract Book. Volume 25. State Mapping Office 1993 General Highway Map, Collier County, Florida. Tampa Tribune 1995 "Pincer Florida." January 2. Tebeau, Charlton W. 1965 Florida from Indian Trail to Space Age. Southern Publishing Company, Delray Beach. 1966 Florida's Last Frontier: The History of Collier County. University of Miami Press, Coral Gables. 1971 A History of Florida. University of Miami Press, Coral Gables. US Census Bureau 2006 State and County QuickFacts: Collier County, Florida. http : / /quickfacts.census.uo�dgfd /states /12 /12021.iitml. Last revised January 12. United States Department of Agriculfare (USDA) 1954 Soil Survey of Collier County. Washington D.C. United States Geological Survey (USGS) 1 1958 Immokalee, SW, Fla. Photorevised 1973, Photoinspected 1984). P06057 CRAS Repon/March 2006 I CA* Watts, William A. 1969 A Pollen Diagram from Mud Lake, Marion County, North - central Florida. Geological Society ofAmerica Bulletin 80:631 -642. 1971 Post Glacial and Interglacial Vegetational History of Southern Georgia and Central Florida. Ecology 51:676 -690. 1975 A Late Quaternary Record of Vegetation from Lake Annie, South - Central Florida. Geology 3:344 -346. Wheeler, Ryan J. 1994 Early Florida Decorated Bone Artifacts: Style and Aesthetics from Paleo- Indian Through Archaic. The Florida Anthropologist 47:47 -60. Widmer, Randolph J. 1974 A Survey and Assessment of the Archaeological Resources on Marco Island, Collier County, Florida. Miscellaneous Project Report Series Number 19. On file, Florida Division of Historical Resources, Tallahassee. 1986 Prehistoric Estuarine Adaptation at the Solana Site, Charlotte County, Florida. Manuscript on file, Florida Bureau of Archaeological Research, Tallahassee. 1988 The Evolution of the Calusa. The University of Alabama Press, Tuscaloosa. William Worth Belknap Papers n.d. Transfer of Troops Letter, Box 1. Princeton University Library, Princeton. P06057 CRAS Report /March 2006 APPENDIX: Survey Log Page 1 Form Date 3/22/06 Survey Log Sheet I�ni Florida Master Site File Version 2.0 9/97 Consult Guide to the Survey Log Sheet for detailed instructions. Recorder of Log Sheet Katherine Baar Identification and Bibliographictnforniation +; Survey Project (Name and project phase) CRAS Silver Strand Business Park Is this a continuation of a previous project? X1 No ❑Yes Previous survey#(s) Report Title (exactly as on title page) Cultural Resource Assessment Survey of the Silver Strand Business Park Property, Collier County, Florida Report Author(s) (as on title page - individual or corporate) Archaeological Consultants, Inc. Publication Date (month /year) 3/06 Total Number of Pages in Report (Count text, figures, tables, mill forms) 50 Publication Information (if relevant, series and no. in series, publisher, and city. For article or chapter, cite page numbers. Use the style of American Antiquity. See Guide to the Survey Log Sheet) Archaeological Consultants, Inc. P.O. Box 5103, Sarasota, FL 34277 -5103 Supervisor(s) of Fieldwork (whether or not the same as authorfs]) Affiliation of Fieldworkers (organization, city) Archaeological Consultants, Inc. -� Key Words /Phrases (Don't use the county, or common words like archaeology, structure, survey, architecture. Put the most important first. Limit each word or phrase to 25 characters). CR 846, Silver Strand L-- Survey Sponsors (corporation, government unit, or person who is directly paying for fieldwork) Name Barron Collier Companies Address /Phone 2600 Golden Gate Parkway, Suite 105, Naples, FL 34105, (239) 403 -6800 Mapping Counties (List each one in which field survey was done -do not abbreviate) Collier USGS 1:24,000 Map(s): Names /Dates: Immokallee_ Fla. 1958, PR 1987 Remarks (Use supplementary sheets] if needed) Description of Survey Area • Dales for Fieldwork: start 3/20/06 End 3/21 /06 Total Area Surveyed tau In.re) hectares 115 acres Number of Distinct Tracts or Areas Surveyed 1 If Corridor (fill in one for each) Width meters feet Length kilometers miles Types of Survey (check all that apply) �'K archaeological K! architectural R! historical /archival ❑ underwater other: HR6E06610 -97 Florida Master Site File, Division of Historical Resources, Gray Building, 500 South Bronough St., Tallahassee, FL 32399 -0250 Phone 850- 487 -2299, Suncom 277 -2299, Fax 850- 921 -0372, Email fmsfile @mail.dos.staa.fi.us, Web http : / /www.dos.state.fl.us /dhr /msfl \\C cf_ graydh6dhrshare \FSF \DOCS \FORMS \Logsheetdoc 10/03/97 11:07 AM w Page 2 Survey Log Sheet of the Florida Master Site File Rosearc- 'ha6df'l Preliminary Methods (Check as many as apply to the project as a whole. If needed write others at bottom). Florida Archives (Gray Building) U library research - (local public) local property or tax records ® windshield survey ❑ Florida Photo Archives (Gray Building) library- special collection- (non local) newspaper files ® aerial photography FMSF site property search ® Public Lands Survey (maps at DEP) literature search ® FMSF survey search n local informants) Sanborn Insurance maps other (describe) Archaeological Methods (Describe the proportion of properties at which method was used by writing in the corresponding letter. Blanks are interpreted as "None. ") F(-ew: 0-20%, S( -ome: 20-50%); M( -ost 50 -90 %); or A( -Il, Nearly all: 90-100%). If needed write others at bottom. Check here if NO archaeological methods were used. surface collection, controlled __other screen shovel test (size: —block excavation (at least 2x2 m) _ surface collection, uncontrolled _ water screen (finest size: ) __soil resistivity _ A shoveltest -1/4 "screen _posthole tests _magnetometer shovel test- 118" screen _ auger (size: ) _ side scan sonar _ test-ill 6 "screen _wring _unknown _shovel shovel test- unscreened _test excavation (at least 1x2 m) _ (describe): - - -- other _ — Historical /Architectural Methods (Describe the proportion of properties at which method was used by writing in the corresponding letter. Blanks are interpreted as "None ") F(-ew: 0 -20 %, S( -ome: 20 -50 %); M( -ost: 50 -90 %); or A( -II, Nearly all: 90- 100 %). If needed write others at bottom. Check here if NO historical /architectural methods were used. _building permits _ demolition permits _neighbor interview _subdivision maps commercial permits A exposed ground inspected occupant interview _ tax records _ interior documentation local property records _ occupation permits unknown —other (describe): Scope /Intensity /Procedures background research archaeological survey, 50 shovel tests at 50 m and 100 In intervals photos and notes taken report prepared Survey Results (cultural resources recorded) Site Significance Evaluated? ❑ Yes Q(] No If Site Counts: Previously Recorded Sites 0 Previously Recorded Site #'a (List site #'s without "8. Yes , circle NR- eligible /significant site numbers below. Newly Recorded Sites 0 Attach supplementary pages if necessary) Newly Recorded Site #'s (Are you sure all are originals and not updates? Identify methods used to check for updates, ie, researched the FMSF records). List site #s without "B." Attach supplementary pages if necessary. Site Form Used: I SmartForm 1 FMSF Paper Form '� Approved Custom Form: Attach copies of written approval from FMSF Supervisor and Supervisor- signed form. ❑ 872 ❑ IIA32 ❑ CARL ❑ uw ❑ State Historic Preservation Grant ❑ Compliance Review CRAT # ATTACH PLOT OF SURVEY AREA ON PHOTOCOPIES OF USGS 1:24,000 MAP(S) I HRBE06610 -97 Florida Master Site File. Division of Histoncal Resources, Gray Building, 500 South Bronough St., Tallahassee. FL 32399-0250 Phone 850387 -2299. Suncom 277 -2299, Fax 850- 921 -0372. Email fmsflle@mail dos.state.fl.us, Web hnp: //w .dos staleAusldhr /mall \1C cf_ graydhAdhrshareTSF \DOGS \FORMS \Logsheetdoc 1010319711:07 AM FISHKIND & ASSOCIATES .likkr kik L k6 &L kk kk 6 LdAu If] [7_rI IXLTil TO: Michele Mosca, Collier County Comprehensive Planning FROM: G. Russell Weyer SUBJECT: The Fiscal Impacts, Economic Impacts, Industrial Needs Analysis and Commercial Needs Analysis of the Business Park at Silver Strand on Collier County, Florida Revised and Updated DATE: 7 -30 -07 VIA: Hand Devliery Michele, Based on your meeting with Robert David and the subsequent comments that resulted from that meeting, we have revised 'The Fiscal Impacts, Economic Impacts, Industrial Needs Analysis and Commercial Needs Analysis of the Commerce Park at Silver Strand' dated April 28, 2006. You indicated that the Industrial Needs Analysis portion of the report does not reflect the most recent adopted County -wide population forecast. We incorporated the Collier County population forecast that was recently released by the Comprehensive Planning Department. Second, you required the data source for the supply of acreage that has the potential to accommodate the industrial /business park demand created by the projected workforce in Collier County as provided by the Economic Development Council (EDC). Because the EDC did not have a comprehensive database of business park parcels, we revised the supply of acreage that has the potential to accommodate future industrial /business park demand utilizing Collier County Property Appraiser data and the County GIS Zoning Map. EXHIBIT V.D.5 The revised supply was determined by first, examining which future land use categories permit industrial /business park development. Second, within the appropriate future land use categories, the Consultant identified the supply of vacant land that complies with the following applicable conditions outlined in the Collier County Future Land Use Element: - Business Parks must be a minimum of 35 acres in size -The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban Mixed -Use District is 500 acres. - Access to arterial roads shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. In light of these conditions, 1,343 acres of 1,878 total acres of land available to accommodate industrial /business parks are located in the Immokalee area proximate to the Immokalee Airport. In addition, the Consultant accounted for proposed projects that will affect the supply of acreage (details in Appendix E). Finally, Staff requested that the Consultant change the retail nomenclature from 'neighborhood' to `community' according to ULI standards. We have done so in all appropriate areas of the analysis. If you have any questions please give us a call. The Fiscal Impacts, Economic Impacts, Industrial Needs Analysis and Commercial Needs Analysis of the Commerce Park at Silver Strand on Collier County, Florida April 28, 2006 Revised July 30, 2007 Prepared By: Fishkind & Associates, Inc. 12051 Corporate Boulevard Orlando, Florida 32817 407 - 382 -3256 http: / /www. fishkind. com EXHIBIT V.D.5 a / 8C -. . Executive Summary This revision is to address comments raised in Staff's review of 'The Fiscal Impacts, Economic Impacts, Industrial Needs Analysis and Commercial Needs Analysis of the Commerce Park at Silver Strand' dated April 28, 2006. Upon review of the study, Staff indicated that the Industrial Needs Analysis portion of the report does not reflect the most recently released County -wide population forecast. This is relevant because the County -wide population forecast is the basis for determing future demand for industrial /business park space. Second, Staff required the data source for the supply of acreage that has the potential to accommodate the industrial /business park demand created by the projected workforce in Collier County as provided by the Economic Development Council. Finally, Staff requested that the Consultant change the retail nomenclature from 'neighborhood' to 'community' according to ULI standards. The Consultant incorporated the Collier County population forecast that was recently released by the Comprehensive Planning Department. This report has been revised to reflect the new forecast. The Consultant also revised the supply of acreage that has the potential to accommodate future industrial /business park demand. Because the EDC did not have a comprehensive database of business park parcels, the Consultant revised the supply of acreage that has the potential to accommodate future industrial /business park demand utilizing Collier County Property Appraiser data and the County GIS Zoning Map. The revised supply was determined by first, examining which future land use categories permit industrial /business park development. Second, within the appropriate future land use categories, the Consultant identified the supply of vacant land that complies with the following applicable conditions outlined in the Collier County Future Land Use Element: - Business Parks must be a minimum of 35 acres in size -The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban Mixed -Use District is 500 acres. - Access to arterial roads shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. In light of these conditions, 1,343 acres of 1,878 total acres of land available to accommodate industrial /business parks are located in the Immokalee area proximate to the Immokalee Airport. In addition, the Consultant accounted for proposed projects that will affect the supply of acreage (details in Appendix E). LOOR The Consultant has determined that all of the land available to accommodate Business Park demand has the potential to access arterial roads in accordance with the Collier County Access Control Policy. This is a conservative approach and is a result of the various traffic provisions negotiated in developer agreements and concurrency requirements as required for development approval. The Commerce Park at Silver Strand ( "the Project ") is slated to be an upscale business park located in Collier County, Florida, ( "County ") near the City of Immokalee. At build -out, the Project will consist of up to 700,000 square feet of industrial /flex/warehouse space and up to 300,000 square feet of retail space. It is important to note that the intent of the Commercial Park at Silver Strand is to provide a mix of industrial and secondary commercial uses. The secondary commercial uses will primarily serve the center's tenants and the surrounding market area. Fiscal Impact Analysis For purposes of running the Fiscal Impact Analysis Model ( "FIAM "), 175,000 square feet of office space was identified from both the industrial / flex/warehouse space and the retail space. The primary purpose of the development is to provide -- a business park environment in an appropriate location to accommodate the needs of the Rural Lands Stewardship Area (RLSA), the adjoining Estates and Immokalee. Table 1 on the next page shows the summary of the Project's Fiscal Impact on Collier County at build out and over a 20 -year period. The table indicates that the Project pays for itself in terms of fiscal impacts to the County. The total positive net fiscal impact to the County over that 20 -year period is $13.4 million. The net present value of the fiscal impact on the County is $4.4 million. The positive net present value demonstrates that this development pays for itself in terms of impacts to the County. The Project will create a cumulative increase in ad valorem tax revenue of $2.9 million to the County through build out. Once complete, the Project is estimated to generate an average of $1.0 million annually in ad valorem tax revenues. I Table 1. Summary of Commerce Park at Silver Strand Fiscal Impacts. At Build Out (2015) 20 Year Total Operating - Revenue $7,200,493 $31,539,774 Operating - Cost $4,239,623 $18,157,523 ------ - - - - -- ------ - - - - -- ------------ ------ - - - - -- Operating - Net Impact $2,960,870 $13,382,251 Operating Present Value $1,703,681 $4,416,400 Capital - Revenue $15,366,842 $15,366,842 Capital - Cost $15,397,512 $15,397,512 ------ - - - - -- ------ - - - - -- ------------ ------ - - - - -- Capital - Net Impact - $30,671 - $30,671 Combined Net Impact $2,930,199 $13,351,581 Combined Present Value $1,681,865 $4,394,584 In this model, road construction costs have been set equal to projected road impact fee revenue to reflect fair share developer contributions to be determined at a later date and thus resulting in fiscal neutrality from a transportation capital impact perspective. Also, fire impact fees are not included as these are fees of the Immokalee Fire District and not Collier County. There is a substantial economic benefit to be derived from the Project's development. Through permanent and construction related impacts, the Project is forecasted to average 2,101 jobs annually during the project's build out as shown in Table 2 below. Direct and indirect total output or sales within the area is expected to average $183.1 million each year during build out. Direct and indirect employee earnings are forecasted to average $63.3 million each year during build out. Table 2. Commerce Park at Silver Strand Economic Impacts during Build Out. Economic Impacts Jobs Output/Total Sales Permanent Jobs Construction Jobs Total Jobs 1.758 343 2,101 $150,647,422 $32,472,389 $183,119,811 Earnings $52,138,539 $11,181,830 $63,320,369 • After completion, the Project is estimated to annually produce 3,213 permanent and construction jobs that will generate $275.5 million in output/total sales and provide $95.2 million in earnings as shown in Table 3 below. The Consultant estimates that approximately 40% Oust over 1,300) of these jobs will be in the high wage category as defined by the Economic Development Council of Collier County. The EDC calculates high wage jobs by taking the average wage in Collier County and multiplying that figure by 115 %, which is the multiplier used for their local incentive program east of 951 and in the Immokalee Enterprise Zone. The current average wage in Collier County is $37,686 and the high wage job wage is $43,339. The Consultant also estimates that a significant number of employees for the jobs generated by this business park will come from the Immokalee area. Table 3. Commerce Park at Silver Strand Economic Impacts after Build Out. Economic Impacts Permanent Jobs Construction Jobs Total Jobs Jobs 3,148 65 3,213 Output/Total Sales $269,286,861 $6,160,867 $275,447,727 Earnings $93,103,700 $2,121,487 $95,225,187 These are very substantial fiscal and economic contributions to the local economy that will benefit the County in a positive way. The bottom line is that the Project will be a revenue generator to the County for many years to come by increasing the overall taxable property base and providing an economic stimulus for the area in terms of creating jobs and generating respectable incomes. Business Park /Light Industrial Land Use Perspective From a business park/light industrial land use perspective, the Commerce Park at Silver Strand will have approximately 120 acres of this classification of land use. The Consultant's point of departure in 2007 assumes that the supply and demand are in current equilibrium. The Consultant determined the supply of acreage that has the potential to accommodate future industrial /business park demand by first, examining which future land use categories permit industrial /business park development. Second, within the appropriate future land use categories, the Consultant identified the supply of vacant land that complies with the following applicable conditions outlined in the Collier County Future Land Use Element: - Business Parks must be a minimum of 35 acres in size -The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban Mixed -Use District is 500 acres. - Access to arterial roads shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. In light of these conditions, 1,343 acres of 1,878 total acres of land available to accommodate industrial /business parks are located in the Immokalee area proximate to the Immokalee Airport. In addition, the Consultant accounted for proposed projects that will affect the supply of acreage (details in Appendix E). Based on the Consultant's model that determines the acreage surplus /deficit of business park/light industrial land utilizing population growth studies combined with a workforce space needs analysis, Table 4 below shows that Collier County will have a shortfall of over 2,000 acres of this land use classification by the year 2030. Table 4. Collier County Business /industrial Park Future Acreage Analysis Table 4 shows that over the next 25 years, the demand for business /industrial park land will far exceed the identified supply creating a deficit of business /industrial park acreage from a shortfall of 402 acres in 2010 to 2,075 acres in 2030. These new deficits take into account the newly revised population projections just released by Collier County. When complete, The Commerce Park at Silver Strand will be providing approximately 4.4% of the County -wide deficit forecasted for 2030. a It I 2010 2015 2020 2025 2030 Industrial Soft. Total Demand 6,247,194 6,549,116 6,506,391 6,160,814 6,161,395 Industrial Acres Demanded 781 819 813 770 770 Indus /Business Park Acreage Available 379 586 315 299 299 Acreage Surplus / (Deficit) -402 -232 -498 -471 -472 Cumulative Acreage Surplus / (Deficit) -402 & am -1 604 -2.075 Source, Fishkind & Associates Table 4 shows that over the next 25 years, the demand for business /industrial park land will far exceed the identified supply creating a deficit of business /industrial park acreage from a shortfall of 402 acres in 2010 to 2,075 acres in 2030. These new deficits take into account the newly revised population projections just released by Collier County. When complete, The Commerce Park at Silver Strand will be providing approximately 4.4% of the County -wide deficit forecasted for 2030. a It I Commercial Needs Analysis The intent of the Commercial Park at Silver Strand is to provide a mix of industrial and secondary commercial uses. The secondary commercial uses will primarily serve the center's tenants and the surrounding market area. The Commerce Park at Silver Strand will be providing up to 40 acres of secondary use commercial retail space. Some of the secondary (commercial retail) uses square footage will be integral parts of the primary (industrial) uses. Examples are showrooms /sales areas for uses such as cabinet makers and granite /tile businesses. The Consultant's proprietary Retail Demand Model indicates that by the year 2030, will a demand for 113 acres of regional and community serving space and an aggregate supply of 123 acres, including acres zoned but not yet developed. This generates an allocation ratio of 1.09, which is below the market accepted 2.0 ratio utilized in long range planning and recommended as a benchmark by the Florida Department of Community Affairs. The allocation ratio is an indicator of how flexible a market is to making adjustments to meeting future demand required by its population. Table 5 below summarizes the current commercial retail demand and supply for the Commerce Park at Silver Strand market area. Table 5. Net Need for Additional Regional and Community Serving Development Combined Demand Aggregate Pro acted Year Households 2005 30,658 2010 33,125 2015 35,690 2020 38,452 2025 41,428 2030 44,635 Pro acted Household Income $38,913 $40,350 $41,796 $43,250 $44,710 $46,206 • Aggregate Sq. Aggregate Aggregate Ft. Demand Demand /Acres Supply/Acres Allocation Ratio 612,239 66 123 1.85 683,937 74 123 1.65 761,028 82 123 1.49 845,945 92 123 1.34 939,436 102 123 1.21 1,040,528 113 123 1.09 Source: Consultant's proprietary retail demand model. Based on the estimated household population within market, the market has a current demand for 55 acres of regional space (518,892 Sq. Ft.). By 2030 the demand for regional space is expected to reach 96 acres (902,597 Sq. Ft.). This market has no developed supply of regional serving land. Additionally, there are no vacant parcels within this market that can accommodate regional development. The market also has a current demand for 11 acres of community space (93,347 Sq. Ft.). By 2030, the demand for community space is expected to reach 16 acres (137,930 Sq. Ft.). This market currently has little existing community serving space available and has a reasonable supply of community serving land zoned for future development. If the proposed change for this project is approved it would add approximately 40 acres of regional serving and community serving land to this market. The impact of this addition to the market will be to increase the allocation ratio from 1.09 to 1.44. The higher the allocation ratio, the more flexibility a market has to make adjustments to meeting future demand required by its population. Low allocation ratios indicate that a market supply is very tight and could cause increased land prices and a concentration of commercial land in possibly the wrong place. While an allocation ratio of 1.44 is still significantly below the desired minimum level 2.00, the market will still have sufficient allocation to adjust to future demand in this case. The resulting allocation ratios are more than reasonable with the inclusion of the Project in the FLUM. Through this analysis, the Consultant has concluded that this market has an immediate need of regional serving land and a near -term need for community serving land so as to meet its needs. Silver Stand Business Park Economic and Fiscal Impacts 1.0 Introduction 1.1 Background The Commerce Park at Silver Strand ( "the Project") is slated to be an upscale business park located in Collier County, Florida, ( "County ") near the City of Immokalee. At build -out, the Project will consist of up to 700,000 square feet of industrial / flex/warehouse space and up to 300,000 square feet of retail space. For purposes of running the FIAM model, 175,000 square feet of office space was identified from both the industrial /flex /warehouse space and the retail space. The primary purpose of the development is to provide a business park environment in an appropriate location to accommodate the needs of the Rural Lands Stewardship Area (RLSA), the adjoining Estates and Immokalee. 2.0 Development Schedule Table 5 on the next page displays the commercial development plan for the Project. The development will consist primarily of industrial /flex/warehouse space and retail space. For purposes of running the FIAM model, 175,000 square feet of office space was identified from both the industrial /flex/warehouse space and the retail space. The retail space was identified as community in nature according to Urban Land Institute guidelines - as it is proposed to encompass between 100,000 to 300,000 square feet. �a Table 5. Commerce Park at Silver Strand Development Schedule Square Feet Light Industrial Industrial 577,500 Retail Community 177,500 Restaurants - sit down 70,000 Office Office Non - Professional 50,000 Office Class A 100,000 Office Medical /professional 25.000 Grand Total 1,000,000 3.0 Fiscal Methodology 3.1 Introduction The Consultant has developed a Fiscal Impact Analysis Model (FIAM) under contract with the Florida Department of Community Affairs ( "DCA "). FIAM is designed to serve as the prototype fiscal and economic assessment tool for local governments in Florida. DCA has continued contracting with the Consultant to further refine and develop FIAM. Currently, FIAM Version 7.5 is available for use in Florida. Recently an Urban Land Institute Panel ( "ULI ") provided a peer review of FIAM on behalf of DCA. The ULI panel was very complementary, made recommendations for further improvements, and endorsed FIAM for use in Florida. DCA is continuing its contracting with the Consultant for FIAM and DCA is planning for the implementation of FIAM statewide. FIAM provides estimates of the costs and revenues to local governments associated with their land use decisions. FIAM examines both the long range and near term impacts and it provides estimates for the effects of land use decisions on both the operating budget and the capital budget of the local government. FIAM is suitable for conducting analysis of individual projects, development corridors, and entire comprehensive plans. FIAM has been used for fiscal impact analysis in thirty -six Florida communities. n, 3.2 Fiscal Impact Analysis Model Calibration The FIAM model used in the development scenario has been calibrated based on the latest adopted budget and demographics for the County. County staff has been contacted in order to gather accurate and current information regarding the demographics of the County. In this way, FIAM is properly calibrated to reflect the specific environment of the County with its unique budget and characteristics. Furthermore, FIAM also includes ten years of budgetary history for the County. This provides the base for FIAM to project inflation rates over the long term. 3.3 Modified Per Capita Method Local governments receive revenues from the land, development and the activities of their populations of residents, workers and visitors. The major portion of these revenues is in the form of taxes (Property Tax, Sales Tax, Gas Taxes, Utility Taxes, Resort Tax, etc.) and fees, assessments and charges for service (permits, impact fees, waste collection and lighting assessments, etc.). Local governments also render services to all residents, to all who are working in the County, and to all visitors to the County. Therefore, on the cost side of the equation, cities incur costs to provide services to residents, those employed in the County, and to visitors. At some point during a 24- hour period, a resident may become a person employed in the County, and then later in the day may be a resident again. To such an individual, the County has rendered services for a full 24 hours. Other residents may leave the County to work in another County. In this case, the County only provides services to that person when they are physically in the town. For those workers that do not live in the County, services are only provided to those workers when they are in the County. Finally, visitors receive service during the whole time period of their visit, but obviously not when they leave. To properly measure the services provided to each of these groups, a weighting procedure is needed that reflects the duration of time each group is resident in the County. This calculation provides us with the full - time equivalent (FTE) population, employees and visitors. For both residents and workers, a working period assumption of 2,000 hours per year is applied. In this way, the fiscal impact of the FTE residents, employees and visitors can be properly identified. M• A variety of methods exist for quantifying the revenue and cost impacts flowing from a development opportunity such as the one presented here. The approach used in this FIAM is the modified per capita approach. When possible, the revenues and expenditures that can be identified from the subject population(s) are directly estimated or calculated. For this project, ad valorem and impact fee revenues were calculated using current millages and fees. The remaining cost and revenue categories were estimated based on modified per capita estimates. The modified per capita approach involves the calculation of revenues using the latest published budgets for the appropriate population basis (i.e. per person, per employee, per tourist, per student). From an economic perspective, this is equivalent to assuming that average revenue generation applies to the particular situation being evaluated. This is a reasonable assumption in most cases for two reasons. First, local governments must run balanced budgets, so that current costs and current revenues balance and are appropriate for current circumstances. Second, using long run averages also means that any excess capital is maintained in the various systems and not allocated to the project. Furthermore, there is nothing peculiar about the location or the type of this particular project that indicates that per capita parameters estimated from the latest budgets would not be reflective of actual costs and revenues. The numerator for each cost or revenue item is the cost or revenue shown in the County's budget. The denominator depends upon the type of cost or revenue. Each category of cost and revenue was examined to determine the impact of employment (businesses). Then each category was divided by FTE employment to yield the average per capita revenues and expenditures for all budget categories. The arithmetic is shown on the next page. Revenue ------------------------- -- -- --- - - - - -- = Per Capita FTE Employees 8C i 1 w. 3.4 Fiscal Impact Calculations The annual budget, with projected revenues by source and expenditures detail by function for the County, was used to generate the FIAM results. Property taxes were calculated using the increase in taxable property value applied to the appropriate millage rates. Most of the other budget revenues and expenditures were calculated using the per capita methodology. The per capita numbers used are the full -time equivalent employees calculated using The University of Florida data and Fishkind estimates of employment. The revenues and expenditures are calculated by multiplying the FTE employees by the per capita revenue and expenditure amounts from the budget. The County averages were used to maintain a conservative methodology. The per capita calculations for the County's budget were calculated using revenues and expenditures from the budget's General and Special Revenue Funds. The revenues and expenditures from these funds were divided by the County FTE Population plus the County time. Any voted taxes are assumed to be reaffirmed once their current FTE employment to provide the per capita amount. Human Services and Parks and Recreation typically have only the population as the denominator. These Budget per capita amounts are then multiplied by the number of new FTE employees in order to generate projected revenues and expenditures. Certain non - revenues and non - expenditure items are not included as they are not applicable to the incremental change in population. 3.5 Assumptions Appendix A contains the basic data, assumptions and sources used in the County fiscal impact model. These are provided for completeness and allow for the replication of our results. 4.0 FIAM Results 4.1 Fiscal Impacts of the Project on Collier County The FIAM forecasts the fiscal impact of the Project on the future revenues and expenditures for the County based upon the County's budget. The total values look at the aggregate value associated with the development of the project and are simply the sum of the annual revenues, expenditures, or net impacts generated from the project at build out. The net present value ( "NPV") calculation displays how much a future investment is worth in today's dollars. NPV is a common tool used by the public and private sectors to gauge a project's net effect on operations and capital in order to make sound business decisions. NPV assumes a person can take their money and invest it elsewhere for a given rate and then discounts each future year's cost or revenue by that rate in order to compensate for what could have been received on the money in the alternative investment. Once each annual amount has been adjusted, the values are summed in order to obtain the net present value of the future costs or revenues. Next, by deducting the expenses from the revenues, a net operating and capital present value impact can be determined. The project's overall NPV is calculated by summing the net capital impact and the net operating impact. A positive NPV indicates a good investment. The greater the number, the greater the positive impact the development will have on the County. Projects with overall negative NPV's should be avoided. Table 6 below presents the results of the fiscal impacts calculated by the FIAM. Table 6. Summary of Commerce Park at Silver Strand Fiscal Impacts. At Build Out (2015) 20 Year Total Operating - Revenue $7,200,493 $31,539,774 Operating - Cost $4,239,623 $18,157,523 ------ - - - - -- ------ - - - - -- ------------ ------ - - - - -- Operating - Net Impact $2,960,870 $13,382,251 Operating Present Value Capital - Revenue Capital - Cost Capital - Net Impact Combined Net Impact Combined Present Value $1,703,681 $15,366,842 $15,397,512 - $30,671 $2,930,199 $1,681,865 $4,416,400 $15,366,842 $15,397,512 - $30,671 $13,351,581 $4,394,584 M By removing the capital lines from the budget, the RAM determines both capital and operating revenues and expenditures. The operating revenues generated from the development of the project are the sum of each revenue source the County would receive based on the development schedule. The Project supplies the County with a total of $7.2 million in operating revenues during the Project's 8 -year development phase and $31.5 million over a 20 -year period. The NPV of the 20 -year operating revenue is $9.0 million. Operating revenues consist of such items as ad valorem tax revenue, occupational licenses, building permits, utility taxes, state revenue proceeds, charges for County services, etc. Operating expenses are the County's costs for such items and services as financial and administrative expenses, emergency and disaster relief, legislative and executive expenses, and comprehensive planning. The total operating expenses are $4.2 million during the 8 -year development phase and $18.2 million over a 20 -year period. The NPV of the 20 -year operating expense is $5.2- million. Approximately 50% of all operating expenses associated with the Project are related to police and other general government. By subtracting operating expenses from operating revenue, a net operating impact can be calculated. Theoretically, the County will receive 100% of the net operating impact. However, the State mandates that municipalities budget based on 95% of projected revenues. The net operating impact at 95% of revenues is $3.0 million during the 8 -year development phase and $13.4 million over a 20 -year period. The NPV of the 20 -year net operating impact at 95% of revenues is $4.1 million. Total capital revenues are $15.3 million for both the development phase and the 20 -year period. The NPV of the capital revenues over a 20 -year period is $10.2 million. These capital revenues are generated by the sum of all impact fees collected from the buildings that will be constructed onsite. Capital expenditures are generated by how the future land use impacts the County's existing capital structure. Total capital expenses are $15.4 million during the development phase and the 20 -year period. The NPV of the capital expenditures over a 20 -year period is $10.2 million. Capital expenses include the capital costs related to roads, fire rescue, law enforcement, etc. For example, a capital cost for the Sheriff's Department would be the purchase of a new vehicle or any new construction or improvements made to existing buildings in order to serve the Project. Ell A net capital impact can be created the same way a net operating impact was calculated. By subtracting capital expenses from capital revenues, the total net capital impact is -$31 thousand for both the development phase and 20 -year period, The NPV of the capital impact over the 20 -year period is -$21 thousand. Finally, by summing the values for the net capital impact and the net operating impact, an overall net total impact at 95% of revenues can be calculated. The total fiscal impact of the project to the County is $2.9 million during the development phase and $13.4 million over 20 years. The total NPV impact to the County over a 20 -year period is $4.4 million. The 20 -year period allows for the capture of the ad valorem taxes in excess of the services required plus the capital ad valorem taxes going forward. The most recent Collier County Annual Updated Inventory Report (AUIR) indicates that 40% of the revenues come from impact fees while 10% comes from the general fund and gas tax revenues. Roads account for 80% of the expenses. Since the general fund and gas tax revenues are used in the AUIR calculation, it is therefore appropriate to take into account the additional ad valorem taxes generated by the project over a 20 -year timeframe. This is indicative of a Project that pays for itself in terms of both operational and capital impacts. 4.2 Margin of Error The FIAM does not have a margin of error related to its calibrated inputs. The budget is inputted exactly as it is submitted to the Florida Department of Revenue for the past 10 years. The FIAM replicates the budget with precision. If there is any margin of error related to the FIAM, it will be in the forecasting of the anticipated pricing and anticipated absorption as it relates to what actually happens in the future. As you move through the future, the model should be utilized to measure the project's fiscal impact at agreed upon points in time. The FIAM is designed to be a measuring and planning tool and should be utilized as such. To address some concerns with regard to pricing, we did reduce the appreciation factor to 3% annually. Recent federal and professional reports have indicated there will be a steady 5% growth in housing prices going forward once we're through the down cycle, which is in contrast to the 20% to 30% annual housing price increases that were evident in the marketplace over the past four years. LOS 43 Economic Impacts of the Project The proposed Project will contribute greatly to the local economy. A new development creates not only fiscal impacts, but also economic impacts. Direct economic benefits are the result of people purchasing goods or services from a business. For example, a person buying a new car from a dealership creates a direct impact on the economy. Indirect economic benefits are created by a 'ripple effect' through the economy. For example, if enough people buy new cars from dealership, the owner must then hire more clerical workers, salespeople, mechanics, etc. These workers in turn purchase additional goods and services in the local municipality, thus further impacting the economy. There is a substantial economic benefit to be derived from the Project's development. Through permanent and construction related impacts, the Project is forecasted to average 2,101 jobs annually during the project's build out as shown in Table 7 on the next page. Direct and indirect total output or sales within the area is expected to average $183.1 million each year during build out. Direct and indirect employee earnings are forecasted to average $63.3 million each year during build out. Table 7. Commerce Park at Silver Strand Economic Impacts during Build Out. Economic Impacts Jobs Output/Total Sales Permanent Jobs Construction Jobs Total Jobs 1,758 $150,647,422 343 $32,472,389 2,101 $183,119,811 Earnings $52,138,539 $11,181,830 $63,320,369 After completion, the Project is estimated to annually produce 3,213 permanent and construction jobs that will generate $275.5 million in output/total sales and provide $95.2 million in earnings as shown in Table 8 on the next page. The Consultant estimates that approximately 40% (just over 1,300) of these jobs will be in the high wage category as defined by the Economic Development Council of Collier County. The EDC calculates high wage jobs by taking the average wage in Collier County and multiplying that figure by 115 %, which is the multiplier used for their local incentive program east of 951 and in the Immokalee Enterprise Zone. The current average wage in Collier County is $37,686 and the high wage job wage is $43,339. The Consultant also estimates that a significant number of employees for the jobs generated by this business park will come from the Immokalee area. • Table 8. Commerce Park at Silver Strand Economic Impacts after Build Out. Economic Impacts Jobs Output/Total Sales Permanent Jobs Construction Jobs $269,286,861 A9 $6,160,867 Total Jobs 3,213 $275,447,727 Earnings $93,103,700 $2,121,487 $95,225,187 These are very substantial fiscal and economic contributions to the local economy that will benefit the County in a positive way. The bottom line is that the Project will be a revenue generator to the County for many years to come by increasing the overall taxable property base and providing an economic stimulus for the area in terms of creating jobs and generating respectable incomes. 5.0 Fiscal and Economic Conclusion Based on the economic will benefit greatly from 9 on the next page. and fiscal impact summarized above, the County the development of the Project as shown in Table The Project will create an increase in ad valorem tax collection with an additional $2.9 million in revenue to the County during the Project's development phase. Once complete, the Project is estimated to generate an average of $1.0 million annually in ad valorem tax revenues. The total net fiscal impact provided to the County over a 20 -year period due to the development of the Project is $13.4 million. The NPV of the Project's impact to the County during this same period is $4.4 million. Thus, the additional development will not only pay its own way in terms of County services and impacts on facilities, it will generate a substantial fiscal surplus. The surplus revenues can be used by the County for any purpose, including roads, public buildings, or park construction. • Table 9. Net Fiscal and Economic Impacts of the Project Collier County, Net Total Fiscal Impact (20 years) $13.4 million Collier County, NPV of Total Fiscal Impact (20 years) $4.4 million Total development phase ad valorem revenue for Collier County $2.9 million Average annual ad valorem revenue after build out $1.0 million Average Annual Economic Output in Local Economy at Build Out $275.5 million Average Annual Employee Earnings at Build Out $95.2 million Average Annual Employment at Build Out 3,213 There is a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 3,213 jobs at build out. Direct and indirect total output or sales within the area is expected to average $275.5 million each year at build out. Direct and indirect employee earnings are forecasted to average $95.2 million each year at build out. The ultimate conclusion is clear. From a fiscal and economic viewpoint, the County will benefit greatly from the Project's development. 6.0. Industrial Land Needs Analysis The Consultant reviewed and determined the future need for business park /light industrial space needed in Collier County through the year 2030. The first assumption is that square footage for the existing employment is already in the market place. Next, the Consultant used the BEBR medium range population figures adopted by the County which show a total county population of 598,500 in 2030 and determined the population and resulting work force growth in 5 year time periods. The baseline percentage of workforce in the population was determined from I -Site data for Collier County by taking the 2005 currently working workforce population number and dividing it by the total population as shown in Table 10 below. These current workforce figures were estimated using (Site, Site Selection Software, version 2004.01.18, produced by GeoVue, Inc. These estimates and projections are compiled by Applied Geographic Solutions, Inc. AGS uses historic Census data from 1970, 1980, 1990, and 2000; USPS and commercial source ZIP +4 level delivery statistics; Census Bureau population estimates and projections at varying levels of geographic detail; Internal Revenue Service statistics on tax filers and year -to -year migration; as well as the Census Bureaus Current Population Survey. • The Consultant has escalated incremental workforce growth by 2% for every five year period beyond the 33.19% workforce population determined in the base year. The determination was based on the related factors that as future County population growth moves inland from the coastal areas, which has historically housed a predominantly retiree population, it will be comprised of new demographics that will consist of larger households that more actively participate in the labor force. Future growth in households (population) is used to determine future land use designation in the County's "Plan ". As the number of households increases, more commercially zoned land is needed to accommodate and serve the new growth. Table 10. Collier County Incremental Workforce Population Projections. The ]-Site data spreads the workers across different industries as shown in Table 11 below. The model then breaks the incremental workforce down by those percentages. An adjusted model workbook was also run that took into account the structural changes across the industries as land is absorbed for real estate development or conservation. For instance, the agriculture industry shrinks as more agricultural land is converted to real estate development. 2005 2010 2015 2020 2025 2030 Population: 317,788 379,200 440,100 497,500 549,200 598,500 Incremental Population: 66,411 61,412 60,900 57,400 51,700 49,300 Incremental Workforce Population: 105,464 21,494 22,533 22,386 21,197 21,199 Percent Workforce Population: 33.19% 35.00% 37.00% 39.00% 41.00% 43.00% Source: I -Site Data & BEBR Population Studies Vol. 40, Bulletin. 147, Collier County Planning Department The ]-Site data spreads the workers across different industries as shown in Table 11 below. The model then breaks the incremental workforce down by those percentages. An adjusted model workbook was also run that took into account the structural changes across the industries as land is absorbed for real estate development or conservation. For instance, the agriculture industry shrinks as more agricultural land is converted to real estate development. Its t v V i 8C Table 11. Collier County Workforce Allocation by Industry. Industry Workforce % 2005 2010 2015 2020 2025 2030 Agriculture (2000) 3.41% 3,593 732 768 763 722 722 Mining (2000) 0.12% 122 25 26 26 25 25 Construction (2000) 12.92% 13,628 2,777 2,912 2,893 2,739 2,739 Manufacturing (2000) 3.66% 3,857 786 824 819 775 775 Wholesale Trade (2000) 3.09% 3,258 664 696 692 655 655 Retail Trade (2000) 14.54% 15,338 3,126 3,277 3,256 3,083 3,083 Transport. and Warehousing (2000) 2.84% 2,990 609 639 635 601 601 Utilities (2000) 0.55% 577 118 123 122 116 116 Information Services (2000) 1.56% 1,650 336 353 350 332 332 Finance and Insurance (2000) 4.35% 4,591 936 981 974 923 923 Real Estate (2000) 5.21% 5,499 1,121 1,175 1,167 1,105 1,105 Professional Services (2000) 5.54% 5,844 1,191 1,249 1,240 1,175 1,175 Management (2000) 0.02% 24 5 5 5 5 5 Admin. Services And Waste Mgmnt (2000) 5.43% 5,722 1,166 1,223 1,215 1,150 1,150 Educational Services (2000) 5.15% 5,433 1,107 1,161 1,153 1,092 1,092 Health Care and Social Assist. (2000) 9.01% 9,501 1,936 2,030 2,017 1,910 1,910 Arts, Entertainment and Recreation (2000) 4.92% 5,191 1,058 1,109 1,102 1,043 1,043 Food and Hospitality Services (2000) 9.23% 9,731 1,983 2,079 2,066 1,956 1,956 Other Services, except public (2000) 5.11% 5,393 1,099 1,152 1,145 1,084 1,084 Public Administration (2000) 3.34% 3 522 718 752 748 708 708 100.00% 105,464 21,494 22,533 22,386 21,197 21,199 Source : I -Site Data & BEBR Population Studies Vol. 40, Bulletin. 147, Collier County Planning "� -- Department. The model then takes the workers by industry and runs them through an industrial park workforce square foot conversion table by multiplying the number of new employees by their industry square foot standard per employee and then by the percentage of each industry that is in industrial parks. The result shown in Table 12 on the next page is the total number of square feet needed in the County for industrial parks. 8C Table 12. Collier County Workforce Square Foot Conversion Table. Industry Percent FAR 2005 2010 2015 2020 2025 2030 Agriculture (2000) 0.00% 25 0 0 0 0 0 0 Mining (2000) 0.00% 100 0 0 0 0 0 0 Construction (2000) 70.00% 500 4,769,800 972,114 1,019,096 1,012,447 958,673 958,763 Manufacturing (2000) 100.00% 1,500 5,785,500 1,179,120 1,236,106 1,228,042 1,162,816 1,162,926 Wholesale Trade (2000) 100.00% 1,500 4,887,000 996,000 1,044,136 1,037,324 982,228 982,321 Retail Trade (2000) 10.00% 598 917,212 186,933 195,968 194,689 184,349 184,366 Transport. and Warehousing (2000) 100.00% 3,000 8,970,000 1,828,140 1,916,493 1,903,990 1,802,862 1,803,033 Utilities (2000) 100.00% 500 288,500 58,798 61,640 61,238 57,985 57,991 Information Services (2000) 50.00% 300 247,500 50,442 52,880 52,535 49,745 49,749 Finance and Insurance (2000) 30.00% 300 413,190 84,211 88,280 87,705 83,046 83,054 Real Estate (2000) 30.00% 300 494,910 100,866 105,740 105,051 99,471 99,480 Professional Services (2000) 30.00% 300 525,960 107,194 112,374 111,641 105,712 105,722 Management (2000) 50.00% 300 3,600 734 769 764 724 724 Admin.Svscs & Waste Mgt (2000) 50.00% 300 858,300 174,927 183,381 182,184 172,508 172,524 Educational Services (2000) 0.00% 300 0 0 0 0 0 0 Health Care and Social Asst. (2000) 20.00% 300 570,060 116,182 121,797 121,002 114,575 114,586 Arts, Entertainment and Rec.(2000) 0.00% 300 0 0 0 0 0 0 Food and Hospitality Services (2000) 20.00% 300 583,860 118,994 124,745 123,931 117,349 117,360 Other Services, except public (2000) 50.00% 300 808,950 164,869 172,837 171,709 162,589 162,605 Public Administration (2000) 50.00% 300 528,300 107,671 112,874 112,138 106,182 106,192 Total: 30,652,642 6,247,194 6,549,116 6,506,391 6,160,814 6,161,395 Source : Source: I -Site Data & BEBR Population Studies Vol. 40, Bulletin. 147, Collier County Planning Department. From there, the model divides the total square footage by 8,000 square feet per acre, which is the average industrial square footage approved throughout the County to achieve the number of acres needed. The acreage surplus /deficit was then determined by deducting the supply of acreage that has the potential to accommodate the industrial /business park space demand created by the projected workforce in Collier County (Appendix E). The projected absorption schedule for the future industrial /business park supply was determined based on: 1) the timing of the demand created by the incremental workforce population and 2) the forecasted absorption of known business park projects that are currently in the application stages. Table 13. Collier County Business Park Land Surplus /Deficit. 2005 2010 2015 2020 2025 2030 Industrial Sclft. Total Demand 30,652,642 6,247,194 6,549,116 6,506,391 6,160,814 6,161,395 Industrial Acres Demanded 3,832 781 819 813 770 770 Indus /Business Park Acreage Available 1,878 379 586 315 299 299 Acreage Surplus / (Deficit) - -402 -232 -498 -471 -472 Cumulative Acreage Surplus / (Deficit) 402 & M -1N A&M z2au Source: Fishkind & Associates i 8C 6.1 The Commerce Park at Silver Strand development plan projects 122 acres of business park /light industrial land and will provide 5.88% of the 2,075 acre current and future deficit for this classification of land. The Consultant also reviewed the same analysis keeping the percent of the incremental population that participates in the workforce constant at 33.19°/x. Under this scenario, there is still a cumulative deficit of 1,507 acres available to accommodate industrial /business park demand. Utilizing this percentage, the 122 acre supply being provided by the Commerce Park at Silver Strand will address 8.10% of the current and future deficit the County will face as determined by this analysis. 7.0 Commerce Park at Silver Strand Commercial Retail Needs Analysis 7.1 Introduction The purpose of this portion of the report is to present a commercial needs analysis for the proposed change to Collier County's Comprehensive Land Use Plan ( "Plan "). The intent of the Commercial Park at Silver Strand is to provide a mix of industrial and secondary commercial uses. The secondary commercial uses will primarily serve the center's tenants and the surrounding market area and will be integral parts of the primary (industrial) uses. Examples are showrooms /sales areas for uses such as cabinet makers and granite /tile businesses. This will not only assist in serving the park's commercial demand stemming from the industrial warehouse uses but will also serve to internally capture trips that would otherwise necessitate going off site to satisfy some of the project demand. The Silver Strand III Partnership ( "Developer') is proposing approximately 174 acres of light industrial /flex/ warehouse and commercial retail space in a commercial business park ( "Project ") setting on the east side of Immokalee Road just south of Immokalee, Florida near the Rural Lands Stewardship Area of Collier County, Florida ( "County "). 7.2 Methodology Some Commercial Retail needs analyses focus retail need on a county as a whole. This analysis studies the market for retail demand around the project, not necessarily the county as a whole. There are two, related, reasons for this type of analysis. • First, consumers are assumed to maximize benefit over all goods and services consumed subject to their income. This type of analysis requires that travel costs are either explicitly of implicitly accounted for during the consideration of the consumers' income constraint. This analysis requires the Consultant to narrow the scope of the analysis from the county level down to a local market level. The Consultant also, further reduces the analysis based on calibrated propensity to travel estimates. Second, the Consultant considers whether the choice of location is a Pareto improvement for consumers. ( Pareto improvement means that no consumers are made worse off, and at least one is made better off.) That is, we ask the question does additional retail space make at least one local market better off, without reducing the welfare of all others. An analysis of commercial retail space over the whole of a county may lead to the wrong conclusion of where to develop new space. That is, the county as a whole may appear to need more retail space to support the aggregate level of demand generated by its residents. But, after considering the choices of available, commercial retail, zoned lands the development of one site over another may lead to an over supply in one location and an under supply in another. This is precisely the outcome we want to avoid. Therefore: By narrowing the focus of this study to the local market, the Consultant determines if this market has a need for additional retail space. By narrowing the focus of this study to the local market, the Consultant can replicate a competitive outcome, and ensure that the welfare of all other local markets is improved or unchanged. 7.3 The Project The land area of the Project currently encompasses approximately 174 acres. As noted in previous sections of this report, the Project will contain up to 700,000 square feet of industrial /flex/warehouse space and up to 300,000 square feet of retail space. ,8 C 7.4 Demands for Commercial Development Commercial Demand is, typically, classified into three categories: Community, Neighborhood, and Regional. Community markets are generally, at most, 20- minute drive time markets. Neighborhood markets are generally 10- minute and Regional markets are, at most, 30- minutes.' This Project will consist of approximately 300,000 Sq. Ft. of commercial retail space, utilizing approximately 40 acres of land. As such the commercial component of the Project will qualify primarily as community serving since it will mainly serve the industrial flex warehouse portion of the project but some aspects of the uses will also have some regional serving uses. The 40 acre allocation (300,000 sf 1 7,404 far) was determined by averaging the the 9,360 square feet per acre floor area ratio for regional serving space and the 5,449 square feet per acre floor area ratio for community serving space. See Appendix C for 20 and 30 minute drive time market maps. 7.5 Market Demand For this analysis the Consultant studied household and income growth within each market segment: Community and Neighborhood. These demographic figures were estimated using (Site, Site Selection Software, version 2004.01.18, produced by GeoVue, Inc. These estimates and projections are compiled by Applied Geographic Solutions, Inc. (AGS). AGS uses historic Census data from 1970, 1980, 1990, and 2000; USPS and commercial source ZIP +4 level delivery statistics, Census Bureau population estimates and projections at varying levels of geographic detail; Internal Revenue Service statistics on tax filers and year -to -year migration; as well as the Census Bureaus Current Population Survey. Future growth in households (population) is used to determine future land use designation in the County's "Plan ". As the number of households increases, more commercially zoned land is needed to accommodate and serve the new growth. Table 14 on the next page outlines the projected household growth through the year 2030. It is estimated that the 2005 average household size within the 30- minute markets was 2.88. This market has approximately 0.49 persons per household more than the 2000 household size for Collier County of 2.39, as estimated by The Bureau of Economic and Business Research (BEBR). ' Beyard, Michael D., W. Paul O'Mara, et al. Shopping Center Development Handbook. Third Edition. Washington, D.C.: ULI -the Urban Land Institute, 1999. P.11 O Table 14. Household Projections within the Neighborhood Market Community Market (20- Minute Drive Time) Household Year Household Households Year Population Households Growth Growth / Year 2005 19,894 5,355 -- -- 2010 21,523 5,794 439 88 2015 23,217 6,250 456 91 2020 25,044 6,742 492 98 2025 27,015 7,272 531 106 2030 29,141 7,845 572 114 Regional Market (30- Minute Market) Source: (Site, Site Selection Software, version 2004.01.18 After determining the future household growth within these markets, The Consultant then analyzed the projected demand for commercial square footage and Acreage using its proprietary demand model (See Appendix B for an explanation of the model. Table 3.2 describes the commercial demand for the market of the Project based on households, and household income. Furthermore, Table 15 on the next page enumerates the number of acres necessary to develop each of the types proposed for this project. The Consultant has determined the acres needed to meet the expected demand based on an estimated FAR of 0.21 for regional serving space and 0.13 for community serving space. The Consultant calculated these Floor Area Ratios for expected demand by taking the average approved square footage per acre in the county of 9,360 Sq. Ft. per acre for regional serving space and 5,449 Sq. Ft. per acre for community serving space then multiplying it by the inverse of 43,560 Sq. Ft. per acre and rounding up to the nearest tenth. Household Year Population Households Growth Growth / Year 2005 72,956 25,303 -- -- 2010 78,806 27,331 2,029 406 2015 84,884 29,440 2,108 422 2020 91,431 31,710 2,271 454 2025 98,483 34,156 2,446 489 2030 106,079 36,791 2,634 527 Source: (Site, Site Selection Software, version 2004.01.18 After determining the future household growth within these markets, The Consultant then analyzed the projected demand for commercial square footage and Acreage using its proprietary demand model (See Appendix B for an explanation of the model. Table 3.2 describes the commercial demand for the market of the Project based on households, and household income. Furthermore, Table 15 on the next page enumerates the number of acres necessary to develop each of the types proposed for this project. The Consultant has determined the acres needed to meet the expected demand based on an estimated FAR of 0.21 for regional serving space and 0.13 for community serving space. The Consultant calculated these Floor Area Ratios for expected demand by taking the average approved square footage per acre in the county of 9,360 Sq. Ft. per acre for regional serving space and 5,449 Sq. Ft. per acre for community serving space then multiplying it by the inverse of 43,560 Sq. Ft. per acre and rounding up to the nearest tenth. LOOFA Table 15. Projected Commercial Demand within the Community & Regional Markets Community Market (20- Minutes) Proiected Projected Agqreqate Sq. Acres Proiected Proiected Aggregate Sq. Acres Year Households Household Income Ft. Demand Demanded 2005 5,355 $28,097 93,347 11 2010 5,794 $28,220 101,431 12 2015 6,250 $28,342 109,890 13 2020 6,742 $28,465 119,051 14 2025 7,272 $28,588 128,974 15 2030 7,845 $28,710 137,930 16 Regional Market (30- Minutes) Combined Demand Proiected Projected Agqreqate Sq. Acres Year Households Household Income Ft. Demand Demanded 2005 25,303 $40,858 518,892 55 2010 27,331 $42,462 582,505 62 2015 29,440 $44,067 651,139 70 2020 31,710 $45,671 726,895 78 2025 34,156 $47,275 810,463 87 2030 36,791 $48,879 902,597 96 Combined Demand 7.6 Supply of Commercial Land The Consultant then analyzed both existing commercial and vacant commercial land within each market for the project site. The total regional and community serving supply within the 30- minute and 20- minute drive times of the subject site are shown in Table 16 on the next page. Appendix C shows the two drive time market maps and Appendix D lists the competing supply. Proiected Protected Aggregate Sq. Acres Year Households Household Income Ft. Demand Demanded 2005 30,658 $38,913 612,239 66 2010 33,125 $40,350 683,937 74 2015 35,690 $41,796 761,028 82 2020 38,452 $43,250 845,945 92 2025 41,428 $44,710 939,436 102 2030 44,635 $46,206 1,040,528 113 Source: Consultant proprietary retail demand model. 7.6 Supply of Commercial Land The Consultant then analyzed both existing commercial and vacant commercial land within each market for the project site. The total regional and community serving supply within the 30- minute and 20- minute drive times of the subject site are shown in Table 16 on the next page. Appendix C shows the two drive time market maps and Appendix D lists the competing supply. • Table 16. Projected Commercial Supply within the Community & Regional Markets 7.7 Analysis of the Need for the Proposed Amendments to the FLUM Based on the estimated household population within market, the market has a current demand for 55 acres of regional space (518,892 Sq. Ft.). By 2030 the demand for regional space is expected to reach 96 acres (902,597 Sq. Ft.). This market has no developed supply of regional serving land. Additionally, there are no vacant parcels within this market that can accommodate regional development. The market also has a current demand for 11 acres of community space (93,347 Sq. Ft.). By 2030, the demand for community space is expected to reach 16 acres (137,930 Sq. Ft.). This market currently has little community serving space available and has a reasonable supply of community serving land zoned for development. Through this analysis, the Consultant has concluded that this market has an immediate need of regional serving land and a mid -term need for community serving land so as to meet its needs. (Table 17 on the next page summarizes the demand, supply, and allocation ratios surrounding the project site.) Community Combined Year Supplv Regional Supply Supplv 2005 46 0 123 2010 46 0 123 2015 46 0 123 2020 46 0 123 2025 46 0 123 2030 46 0 123 Note: Combined supply includes 77 Acres supply from the Town of Ave Maria Source: Collier County Property Appraiser's Office. 7.7 Analysis of the Need for the Proposed Amendments to the FLUM Based on the estimated household population within market, the market has a current demand for 55 acres of regional space (518,892 Sq. Ft.). By 2030 the demand for regional space is expected to reach 96 acres (902,597 Sq. Ft.). This market has no developed supply of regional serving land. Additionally, there are no vacant parcels within this market that can accommodate regional development. The market also has a current demand for 11 acres of community space (93,347 Sq. Ft.). By 2030, the demand for community space is expected to reach 16 acres (137,930 Sq. Ft.). This market currently has little community serving space available and has a reasonable supply of community serving land zoned for development. Through this analysis, the Consultant has concluded that this market has an immediate need of regional serving land and a mid -term need for community serving land so as to meet its needs. (Table 17 on the next page summarizes the demand, supply, and allocation ratios surrounding the project site.) 8C' roy, Table 17. Net Need for Additional Regional and Community Serving Development Community Market (20- Minutes) Projected Proiected Aggregate Sp. Acres Aggregate Year Households Household Income Ft. Demand Demanded Market Supply Allocation Ratio 2005 5,355 $28,097 93,347 11 46 4.20 2010 5,794 $28,220 101,431 12 46 3.87 2015 6,250 $28,342 109,890 13 46 3.57 2020 6,742 $28,465 119,051 14 46 3.30 2025 7,272 $28,588 128,974 15 46 3.04 Year 7,845 $28,710 137,930 16 46 2.85 Regional Market (30- Minutes) Projected Projected Aggregate Sq. Site - Specific Aggregate Year Households Household Income Ft. Demand Acres Market Supply Allocation Ratio 2005 25,303 $40,858 518,892 55 0 0.00 2010 27,331 $42,462 582,505 62 0 0.00 2015 29,440 $44,067 651,139 70 0 0.00 2020 31,710 $45,671 726,895 78 0 0.00 2025 34,156 $47,275 810,463 87 0 0.00 Year 36,791 $48,879 902,597 96 0 0.00 Combined Demand Projected Projected Aggregate Sq. Site - Specific Aggregate Year Households Household Income Ft. Demand Acres Market Supply Allocation Ratio 2005 30,658 $38,913 612,239 66 123 1.85 2010 33,125 $40,350 683,937 74 123 1.65 2015 35,690 $41,796 761,028 82 123 1.49 2020 38,452 $43,250 845,945 92 123 1.34 2025 41,428 $44,710 939,436 102 123 1.21 2030 44,635 $46,206 1,040,528 113 123 1.09 Note: Combined supply includes 77 Acres supply from the Town of Ave Maria Source: (1) Consultant proprietary retail demand model (2) Collier County Property Appraiser's Office (3) (Site, Site Selection Software, version 2004.01.18. i8C 7.8 Proposed Amendments and the Impact on the Supply of Land Designated for Commercial Use in the Plan If the proposed change for this project is approved it would add approximately 40 acres of regional serving and community serving land to this market. The impact of this addition to the market will be to increase the allocation ratio from 1.09 to 1.44. The higher the allocation ratio, the more flexibility a market has to make adjustments to meeting future demand required by its population. Low allocation ratios indicate that a market supply is very tight and could cause increased land prices and a concentration of commercial land in possibly the wrong place. While an allocation ratio of 1.44 is still significantly below the desired minimum level 2.00, the market will still have sufficient allocation to adjust to future demand in this case. The resulting allocation ratios are more than reasonable with the inclusion of the Project in the FLUM. �2A• APPENDIX A. Business Park at Silver Strand Fiscal Impact Analysis Model Inputs Business Park at Silver Strand Economic and Fiscal Impacts of 34 f 8c Prooertv Value Assumptions Taxable Assessment Ratio 80 %assessed value I Sales Pric (Property Appraiser) Homestead Exemption $25,000 • Single - Family with Homestead 68.6% (Property Appraiser) • Multifamily with Homestead 29.6% (Property Appraiser) Special Tax District - Base Assessed Value $0 (this is the taxable value of the property at the base year of the tax Property Tax Ad Valorem Millape Collier County 3.8772 Mills (less than 10 Mill Property Appraiser Unincorporated 0.8069 Mills Property Appraiser Fire & EMS 0.0000 Mills Property Appraiser Library 0.0000 Mills Property Appraiser Debt Millage 0.0000 Mills Property Appraiser Property Sales Value Assumptions for New Units: Initial Defaults Vacant Acreage $200,000 $75,000 (Property Appraiser) Single-Family - Type 1 $200,000 (Property Appraiser) Single-Family - Type 2 $500,000 $250,000 (Property Appraiser) Single-Family - Type 3 $350,000 (Property Appraiser) Single-Family - Type 4 $500,000 (Property Appraiser) Multifamily -For Sale Condo $300,000 $195,000 (Property Appraiser) Multifamily -For Sale Townhouse $325,000 $225,000 (Property Appraiser) Multifamily -For Sale Other $400,000 $300,000 (Property Appraiser) Multifamily - Rental Apartments $200,000 $95,000 (Property Appraiser) Multifamily -ACLF /Nursing Home beds $125,000 $75,000 (Property Appraiser) Multifamily - Rental Other $150,000 $100,000 (Property Appraiser) Mobile Homes $65,000 $30,000 (Property Appraiser) .---. Vacant Commercial Acres $400,000 $100,000 (Property Appraiser) Office - General (sq.ft.) $125 $125 (Property Appraiser) Office - ClassA (sq.ft.) $135 $135 (Property Appraiser) Office - Medical /Professional (sq.ft.) $155 $155 (Property Appraiser) Retail - Neighborhood ( sq.ft.) $115 $115 (Property Appraiser) Retail - Community (Sq.ft.) $130 $130 (Property Appraiser) Retail - Regional ( sq.ft.) $140 $140 (Property Appraiser) Restaurant - Sit Down (sq.ft.) $130 $130 (Property Appraiser) Restaurant - Fast Food /Drive thru (sq.ft.) $200 $200 (Property Appraiser) Institutional (sq ft) $0 $0 (Property Appraiser) Government (sq ft) $0 $0 (Property Appraiser) Hotel (rooms) $100,000 $100,000 (Property Appraiser) Vacant Industrial Acres $100,000 $100,000 (Property Appraiser) Industrial (sq ft) $90 $90 (Property Appraiser) Warehouse (sq ft) $80 $80 (Property Appraiser) Golf Course (acres) Model not set up for acres $50,000 $50,000 (Property Appraiser) Golf Course (holes) Model generates costs from holes $333,333 $333,333 (Property Appraiser) Golf/Swim/Tennis Club ( sq.ft.) $125 $125 (Property Appraiser) Specialty Recreation per unit (theater, manna, bowling; $100 $0 (Property Appraiser) Agriculture /Forestry (acres) $5,000 $5,000 (Property Appraiser) Parks & Recreation (acres) $0 $0 (Property Appraiser) Roads, Sewage & Solid Waste $200,000 $0 (Property appraiser) Mobile Home /RV Park, Parking Lot (acres) $200,000 $5,000 (Property Appraiser) Demographic Assumptions Populaton(total) Population Working Residents Population- Non - Working Residents Population- Seasonal Population (peak season) Avg Length 0 Stay-Seasonal (in weeks) Total City/County Employment Labor Force %works in and lives in CitylCOUnty County Population (unincorporated) Persons per Household - Single Family Persons per Household - Multifamily Persons per Household - Seasonal Total Households County Allocation of Population Permanent Residents Seasonal Residents Seasonal Units (not rentals) Entitlement: A tl - New Devebomen t Office 1 -Story Office Class A Office Medical Retail - Neighborhood Retail - Community Retail - Regional RestauraniSit Dawn Restaurant -Fast Food Hotel Industrial Warehouse car Course Clubhouse Specialty Recreation ACLF/Nubdrg Home beds Institutional Agriculturs/Farestry Parks & Recreation Exie ina Employment - NAICS 11 Agnculture, Forestry , Fishing 21 Mining 22 Utilities 23 Construction 31 -33 Durable Goods Manufacturing 42 Wholesale Trade 4445 Retail Trade 4849 Transportation & Warehousing 51 Information 1023 Rrilm l Activities 1024 Professional& Business Services 1025 Education & Health Care Services 71 Arts, Entertainment Recreation 72 Accomodatiom & Food Service 81 Other Services 92 Public Administration 99 Unclassified 179 1 79 1 79 Total Existing Employment Hotel Assumptions Average Occupancy Average Persons per Room Total Number of Rooms Average Daily Rate Full Time Equivalent Tourists 317,788 (FLA USA Visit Florida 2001 Tool Study) Fl Population Study 2005 109666 8,685 (Calculated) www.labormar 208,122 Pro act (Calculated) 85040 Defaults (r%kulated) 403828 ( Local Estimate) (Calculatetl) 16 per employee (Local Estimate) 124,621 250 sq it (State of Florida ES -202, 2004) 88.00% 293 Census: More workers llvel.rk 280671 ( Local Estimate) Fl Population Studes 2005 2008 2009 2010 2011 2012 2.39 239 239 2.39 2.39 1 79 1.79 179 1 79 1 79 per employee (Local Estimate) (FI Population Studies, 2004) 183 par employee (Local Estimate) 132,965 calculates swdentamous, (FI Population Studies, 2004) 76 2%% Offeenniannent occupied (US Census Bureau, 2000) 23.8 %os f.useprel house. (U.S. Census Bweau, 2000) 48,000 (FLA USA Visit Florida 2001 Tool Study) Local estimate in 2006 (FLA USA Visit Florida 2001 Txnam Study) 8,685 (occupational Licenses Data Base) FIAM Model Pro act 15,320 (Calculated) Defaults 300 sq It per employee ( Local Estimate) 300 350 sq g. per employee ( Local Estimate) 350 250 sq it per employee (Local Estimate) 293 600 sq ff per employee ( Local Estimate) 600 600 sq. R. peremplayea ( Local Estimate) 500 600 sq it peremplayea (Local Estimate) 6m 450 sq. R per employee (Local Estimate) 450 100 sq. R. par employee ( Local Estimate) 100 1 employees per mom (Local Estimate) D5 2,500 sq It per employee ( Local Estimate) 2 500 5.000 aq ft per employee (Local Estimate) 5000 40 per 18 -hole course ( Local Estimate) 40 800 sq It per employee ( Local Estimate) 800 0 per unit ( Local Estimate) t per bed (Local Estimate) 300 sit R. per employee ( Local Estimate) SW sq It per employee ( Local Estimate) 10 per 1,000 acres ( Local Estimate) 1 per acre ( Local Estimate) Suggested Ranges 275 -450 275 -050 225 -275 450 -650 450 -650 450b50 450 100 0510 10 000 1,000-7.500 35 -45 800 -1000 1 1 300 225 -1000 3 2 -4 10 25 (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment la Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment fa Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment Is Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Emplaym (see Employment to Labor Market Information - Curent Employm (see Employment to Labor Market Information - Curent Employm Labor Market In formation - Curent Employm 73.5% (FLA USA Visit Florida 2001 Tool Study) 2.4 (FLA USA Visit Florida 2001 Txnam Study) 8,685 (occupational Licenses Data Base) 8141100 (FIA USA Visit Florida 2001 Tourism Stutly) 15,320 (Calculated) s SlA 1, 11 l ,,, „ l2l II I Ill 117 .11 17E l- :2 11 IN 21l .1 751 111. .11 121 14 Ill 117 ll Ill "I 11 311 SlA 117 .11 17E l- :2 11 IN 21l .1 751 12 Ill ll 112 .1 Ill' 41 IS 21 CITTI, PIT,- E-1-1147 II IT u r T. -��, .�,., �a .. .ro�..ti.,..m : 111 171 1. 1n a : : IT I n: w 112 .1 Ill' 41 IS 21 CITTI, PIT,- E-1-1147 II IT 8C ,�, r 8C ,�, : h / j �z IIz\ ! LOO ; ~/ - ,! _ \ � (•( ! �) |kds \\ • Appendix B Commercial Demand Methodology The methodology employed in the analysis of the demand for retail space at this site is based on a consumer expenditures model. This model can estimate the aggregate market demand for retail space, the demand for retail space at a specific location, and the effective supply of competing retailers in the area. The net demand for retail space at the location being studied is determined as the difference between the site demand and the effective supply of competition. Aggregate Market - Retail Demand Consultant & Associates, Inc. ( "Consultant') has developed an in -house model to determine retail demand. This model estimates retail demand by square footage, shopping center type and store type. The model incorporates multiple data sources. These sources are census based (1- Site ") local area households and household income data, consumer expenditure profiles from the U.S. Department of Labor Consumer Expenditure Survey, Department of Revenue Gross Sales data, and Urban Land Institute shopping center tenant profiles, square footage requirements and average sales per square foot by store type from the publication Dollars and Cents of Shopping Centers. The model operates by first determining retail household expenditures for market area households. Expenditures are determined through application of the results of the 2003 Consumer Expenditure Survey, conducted by the U.S. Department of Labor. This survey of over 30,000 households nationwide provides detailed information on average dollar expenditure amounts and the expenditure percent of household income, for all household expenditures. The income expenditure percentages are applied to the average local area household income and multiplied by the number of households to determine market area spending potential for retail store goods. Business Park at Silver Strand Economic and Fiscal Impacts Page 28 of 34 M• Next, the historic Department of Revenue (DOR) Sales data (for the county in question) is indexed by tenant classification', from the Dollars and Cents of Shopping Centers. The expected expenditures on retail goods are then applied to this county specific (DOR) index to determine an estimate of spending by major store type (tenant classification). The determination of sales by retail center (neighborhood, community, regional, super - regional) is determined through the construction of an index of surveyed sales by center type (also located in the Dollars and Cents of Shopping Centers). Supportable square feet of a retail center is determined by applying the average sales per square foot of GLA, found in Dollars and Cents of Shopping Centers, to the expected sales by store type (tenant classification). In addition to determining the supportable square feet of retail space, Consultant & Associates has determined the expected sales by DOR retail classification, which is a subset of the individual store types (tenant classifications). Retail Demand at a Specific Location Demand for retail space at a specific location is determined in approximately the same way as the aggregate market demand for retail space. The difference in the methodologies is that the amount of household income spent at the location in question is reduced as the household is farther away. Consultant & Associates estimates a distributive function based upon data regarding spending patterns in the local community. r Competing Supply of Retail Space Supply of retail space that will be competing with the site in question is examined in a multi part process. First, the retail centers in the county or relevant region are separated according to size of center. This has the effect of determining which centers are neighborhood serving, community serving, or regional serving. Second, just as demand is reduced by distance of travel, so is competition. This means that the supported supply of competing square feet of retail space can also be reduced by the distance away from the site. Finally, the portion of supported supply which falls under the influence of the site in question is determined to be the effective competition. 2 Tenant Classification are: general merchandise, food, food service, clothing and accessories, shoes, home furnishings, home appliances /music, building materials and hardware, automotive, hobby /special interest, gifts /specialty, jewelry, liquor, drugs, other retail, personal services, entertainment /community. Business Park at Silver Strand Economic and Fiscal Impacts Page 29 of 34 � • Determination of Expected Location Sales & Impacts to Competition The determination of sales is a multi part process. Sales to be made at the location of a proposed retail project are based on the constant sales per square foot measure used in the determination of the demand for retail space, and an estimate of excess spending at the existing and proposed retailers. Potential location specific expenditures are determined in accordance with Sections 3.1 and 3.2. From the potential expenditures and demanded space, a determination of "base -line' spending per square foot can be made for each store type. Spending per square feet of store space is then applied to the estimate of existing store space to determine a total 'base -line' sales estimate. This "base- line' estimate will be less than the total potential expenditures. Therefore, an estimate of excess spending can be made from the difference between the estimated total expenditures and the "base -line' estimate. After the determination of "base -line' sales per square foot and excess sales per square foot, the proposed project needs to be added to the supply of retail space. At this point adjusted total sales can be determined from the "base- line" sales per square foot and the adjusted supply of retail space (existing plus proposed). The adjusted excess spending, as a result of the proposed retail project, is determined by the difference between the (adjusted) 'base- line" expected spending and the estimate of total expenditures. An estimation of the expected sales for the proposed project is determined by the size of the project and the total estimated spending per square foot, which is the 'base -line' sales per square foot plus the adjusted excess spending per square foot as a result of the project. The final impact to sales per square foot of competing retailers in the market surrounding the proposed project is calculated as the difference between the excess sales per square foot, with and without the proposed project. Business Park at Silver Strand Economic and Fiscal Impacts Page 30 of 34 Z APPENDIX C. Business Park at Silver Strand 20 Minute and 30 Minute Drive Time Maps Business Park at Silver Strand Economic and Fiscal Impacts Page 31 of 34 T42S T43S T44S T45S T46S T47S T48S T49S T50S Silver Strand Site 20 Minute Trade Area H24L H25E R26E ML /L meom nzan noun no I nocm noon nowt 0 4.5 9 18 ■ Miles 42S 43S 44S -45S r46S r47S T48S T49S T50S Legend - Silver Strand 20 Minute TradeArea Hendry_County Lee—county comer—county Silver Strand Site 11 30 Minute Trade Area T42S T43: T44S T45: T46: T47E T48: T49E T50: H24t H25E H26E H27E R28E H2i1t Hout no i m nom i 1J . I--- Legend SS_30min - Silver Strand Hendry_County Lee—County 0 4.5 9 18 Miles Collier—County • -42S T43S T44S T45S r46S r47S r48S 49S -50S V V a f. m ,Y V d E E O U d Q E 0 U 4— O �Fd J Z W a a a N N m VI m v a � c pp io o r Q r LL LL J F V O m v a m a � W U Q W tll N 2 Q YQ i J f O H g U z w ? w o � rc � � w z o a a � F W I m N N Z n Y± m LL a C U V1 C U Z � a � c O y c a m U u O t W ° N m J o � v a a ? r n T Z Y w w U u a E�0000 a E ry n r r Ua U 000S m V cc J Y IL N N d C .y W l0 W V C O Q. Q 3 N V W W X 0 Z W a. zo WIN N N N N N N N N N N N N N 9� d mI Q Q Q Q Q Q Q Q Q Q Q Q Q Q N M W �- N Q h N •- N N � W N O W I W N M - 0 0 0 0 0 0 0 W W W W W m W W W W W W W � • Q M 0 d m� C O 0 0 0 0 y E o 0 0 0 0 0 0 W C O N^ W N O W jp _O N a O O O N N M c U � � c g ° a V1 LL❑ a v 2 c 3 N 41 N .O- (p U O O O U C m o ❑a y .N 0 O m m m -> 7 cib N N N Q❑ m 3 j E i h o o (n m m m .a m= m N ❑ U 3 O N y n j m m R m >>>> >>> �' a n E Y C C a A@ N O O O K K>» 6 U 9 C C C C y N W N U n a ¢ ao ° a s y Q o IL ❑ ❑ t ❑ ❑ u J r r C m r C N - > — _ _ _ _ _ _ m a W _ _ O O N N � N M � N R � N W� Oct (Np � • Q M 0 0 0 0 0 0 0 y E o 0 0 0 0 0 0 W W W N N O N^ W N O W jp O O O N N M ° a V1 � • Q M 0 • MEMORANDUM TO: Michele Mosca Principal Planner Comprehensive Planning Department Collier County Community Development & Environmental Services FROM: G. Russell Weyer Senior Associate SUBJECT: Silver Strand Business Park CPA Contributions DATE: September 26, 2007 VIA: E -Mail Michele, At your direction, we have reviewed the relationship that the Silver Strand Business Park will have with the Immokalee Community Redevelopment Agency (CRA) in terms of their contribution to the CRA Fund as adopted by the Collier County Board of County Commissioners through Ordinance 2000 -42 in June of 2000. Since the ordinance established the base year value of 1999, we checked with the Collier County Property Appraiser to obtain that value for the Silver Strand land. The entire property's folio number is 00137640003. That property is 468.86 acres of which the Silver Strand portion is 164.91 acres. The assessed value in 1999 was $880,179, which equated to $1,877 per acre for an assessed value for the park of $309,581. We also did the same calculation for 2007 and that total park assessed value was $364,504. We then duplicated in greater detail the Immokalee Redevelopment Area Tax Increment Projections table from the CRA section of the County's website to calculate what the Silver Strand Business Park would be generating in terms of an annual and cumulative contribution to the Immokalee CRA. The same 3% annual taxable value increase assumption that was used in that table was also used in the Silver Strand Business Park fiscal impact model we submitted to you earlier. The annual taxable property values were also taken from that same FIAM model. Table 1 - Silver Strand Business Park Estimated Annual and Cumulative Contributions to the Immokalee Community Redevelopment Agency Fund In terms of an annual contribution, the Silver Strand Business Park could be contributing just over $700,000 at the estimated build out year of 2016. If all the assumptions hold true, the park will have contributed just over a cumulative $3.2- million to the CRA. The contributions are significant and will go a long way in allowing the Immokalee CRA do its good work. The complete table is located on the next page. Frozen 956/6 CRA Cumulative Year Taxable Value Tax Base Increment Contribution Contribution 1999 $309,581 $309,581 $0 $0 $0 2000 $316,447 $309,581 $6,865 $28.34 $28.34 2001 $323,312 $309,581 $13,731 $61.50 $89.84 2002 $330,178 $309,581 $20,596 $91.65 $181.49 2003 $337,043 $309,581 $27,462 $122.20 $303.69 2004 $343,908 $309,581 $34,327 $152.75 $456.44 2005 $350,774 $309,581 $41,192 $183.30 $639.74 2006 $357,639 $309,581 $48,058 $213.85 $853.60 2007 $364,504 $309,581 $54,923 $244.40 $1,098.00 2008 $371,502 $309,581 $61,920 $275.54 $1,373.54 2009 $26,484,146 $309,581 $26,174,565 $116,474.06 $117,847.60 ^ 2010 $40,486,680 $309,581 $40,177,099 $178,783.87 $296,631.47 2011 $53,886,329 $309,581 $53,576,748 $238,410.90 $535,042.37 2012 $80,589,599 $309,581 $80,280,018 $357,237.65 $892,280.02 2013 $108,643,948 $309,581 $108,334,367 $482,076.56 $1,374,356.58 2014 $124,763,758 $309,581 $124,454,177 $553,808.02 $1,928,164.60 2015 $141,559,108 $309,581 $141,249,527 $628,545.56 $2,556,710.16 2016 $159,029,998 $309,581 $158,720,417 $706,289.19 $3,262,999.35 2017 $162,877,498 $309,581 $162,567,917 $723,410.16 $3,986,409.51 2018 $166,724,997 $309,581 $166,415,416 $740,531.13 $4,726,940.63 Source: Collier County Property Appraiser and Collier County CRA webpage and silver Strand Business Park Fiscal Impact Model 1- 29 -07. In terms of an annual contribution, the Silver Strand Business Park could be contributing just over $700,000 at the estimated build out year of 2016. If all the assumptions hold true, the park will have contributed just over a cumulative $3.2- million to the CRA. The contributions are significant and will go a long way in allowing the Immokalee CRA do its good work. The complete table is located on the next page. m• N C OV N CO O (0 LO TM p 69Mt0V (OV I�(00(O CO <tM OIO CpTM(O (O CO OT M(O O M 00 Cl) I,- T N Opp V 0M00 Na0 (q 0 L M UO Oh V MV M(A COPOO� 7d fA (f}TM V (O COO MOO COONMTI�O V 0 E EA EA Efl to E9 '- r � (Q (C) N V 00 (O N CO M 7 69 61+ T u� M 0) I- N (C) CO M N V 0 P N (C) 00 Cl) 0 LO N 0 I,- 69 E19,64 69T T N M M V (A (H 69 6s 09 f!) d C O 0 L o(0 0 (O0 ri(pp r� O(f)(O Ni,`p^y G> m Q (A (O CO N 1- M CO V (0 0 00 0 (O f0 0 4? 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E9 Cp Cl) 0 (O N 0 O N N o 0 V T 0 n N T T P O CCC1' F-- V) VMT000�Of�OMT(OV0 V () CO CV) On V,O V TV �[O0 V V 00�N EAT NNCl) V VN CO I-- h 1`00 M L) V NCOT 69 E+9 (A 69 69 60 CA 6% T T LO N M '�T N I\ V C oOMO 00- 'gr •-00NO N V LO 00 O N V O O (O d (A 6A (a EA' T T T T P T N E9 6% 69 69 613 EA y C T T T T P T T T P T P P T P C y LO�� LO Ln LO CD CD LO LO LO U) LO n tn LO ib � LO LO N td (O (O a) CO a) a) O CO O LO a) O 0), M uO (f) � ([') (O N L X O O O O O O O O CD- O O O O O O O rn O rn rn rn y, K 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 m MCI) C7 M M M M CM M M M() M M M M M M M MM 6H V> EA 69 EA EH (969 tH 696s U:> 0% V) 09, 69(H(A 'O C L 4) r, NMM 00 V0 V NCO 000 CIO NO00 MN V TI- V 0 I-0 00 V MN O V 00000 N LO M T 001,- (D LO LO T CO (M 1001,- T 0 V 0 0 MMO PI: MOpl V 1: Ni (6 (6 C6 CM M00f-, V V O T N M M V (O (O CO N O 00 00 00 V CO (O N I� N d N MMMMMM M CM CMM V V 00 CO CO I, LO O 001 =_ CH (A (f3 to EA to to EA E9 to (O O M O 00 V r 0 N 0 �64�0� v�OCO x � f (0 (a (A 69 CH EA 0 0 N M VU') O� W 0 o T N M V (O (O N M 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q (; Application Section V. E. 1. (Attachment) Public Facilities Potable water and sanitary sewer are provided by the hmnokalee Water -Sewer District. Lines are available at the intersection of mimokalee Road and Stockade Road. The Level of Service for water and sewer for use as a concrete plant is 15 gallons per day per employee. With 30 employees, 450 gallons per day would be required. At the time of Site Development Plan application, a letter from IWSD will be obtained, stating that adequate capacity exists. The effect of the proposed land use change on the LOS of Immokalee Road is detailed in the attached Traffic Impact Statement. The drainage on site is currently part of the active agricultural grove system. Under State Law, the Florida Department of Environmental Protection regulates the water management system of concrete plants. The LOS will be regulated by the DEP. Solid waste disposal is provided by hnmokalee Disposal. At the time of Site Development Plan application, a letter from hmmokalee Disposal will be obtained, stating that adequate capacity exists. By reducing the maximum residential density of the site, the LOS for parks will not be adversely affected. EXISTING SERVICES RE• The map attached as Exhibit V.E.2 shows the location of existing services to the proposed Commerce Park at Silver Strand Subdistrict. Potable Water: Immokalee Water Sewer District IWSD will provide potable water to the site. Water lines are available at Immokalee Road (CR 846). LOS for Independent Districts is 20 gpd /worker for offices and factories; LOS for stores is 0.1 gpd/sf of floor space. LOS for restaurants is 50gpd /seat. IWSD states that adequate capacity exists if connections can be made. In the event IWSD can not provide adequate service, applicant may provide service on- site on a temporary basis. Sanitary Sewer: Immokalee Water Sewer District IWSD will provide sanitary sewer to the site. Sewer lines are available at Immokalee Road (CR 846). LOS for Independent Districts is 20 gpd/worker for offices, stores and factories. LOS for restaurants is 50gpd/seat. IWSD states that adequate capacity exists if connections can be made. In the event IWSD can not provide adequate service, applicant may provide service on- site on a temporary basis. Arterial and Collector Roads: Immokalee Road (CR 846) is an arterial road which directly abuts the site. Please refer to Exhibit V.E.l.c (Traffic Impact Statement) for detailed information regarding LOS. Drainage: A drainage system which has been approved by the South Florida Water Management District will be designed to serve the Commerce Park. The impact the Commerce Park has will be mitigated by the taxes collected by the District. LOS for private developments is maintained by meeting required Collier County ordinances. EXHIBITS V.E.I.a -f and V.E.3 • Solid Waste: hmmokalee Disposal, Inc. Solid waste collection will be provided by Immokalee Disposal, Inc., which is located at 120 West Jefferson Avenue. The impact the Commerce Park has will be mitigated by the payment of user fees. LOS is provided by the continued maintenance of the hmmokalee Service Area. Parks: Community and Regional: Collier County Parks and Recreation Department The Commerce Park will have no direct impact on the County park system. An indirect impact may result if employees of the Commerce Park move into Collier County, because the LOS is based on population. Any indirect impact will be mitigated by the collection of the Parks Impact Fee levied on new residences. LOS for community park land is 1.2882 acres /1000 people. LOS for regional park land is 2.9412 acres/ 1000 people. Police Protection: Collier County Sheriff The Collier County Sheriff will provide police protection to the site. The nearest substation is located at 112 Ist Street South, approximately 1.75 miles north of the site. LOS not applicable. The impact the Commerce Park has will be mitigated by the collection of the Law Enforcement Impact Fee. EMS: Collier County EMS Collier County Emergency Medical Services will provide ambulance service for the site. The nearest EMS station is located at 112 1st Street South, approximately 1.75 miles north of the site. LOS not applicable. The impact the Commerce Park has will be mitigated by the collection of the Emergency Medical Services Impact Fee. Loon Fire Protection: Irmnokalee Fire Control District Fire protection will be provided by the Immokalee Fire Control District. The fire station is located at 502 New Market Road East, approximately 2.5 travel miles northeast of the site. LOS not applicable. The impact the Commerce Park has will be mitigated by the collection of the Fire Impact Fee. Vie/0912036 12:1L 2`s965t363u u.moK,LEE W.TEP Pa-;E a Immokalee Water & Sc'Ner District 1020 $anitacion Road immokslee, Florida 34142 (239) 668&363 FAX (239) 658 -3634 jmmokalee Water & Sewer District DATE. August 9.2X6 COLLIER COUNTY OFFICE OF GROWTH MANAGEMENT 2800 N 14ORSES14OF DR'VE NAPLES FL 33942 Ladies and Gentletnen! This tatter is certification that lnvn*WW w has IM fbllowing remaining plant capacities owner(s) of record noted below- A. R=aining uncommined capacity B. AvaUabillry of capacity C. Servicc Availability Legal description of the property Number of units: TO BE COMPLETED BY JTILITY PROVIDER. 'the' than Collier County Utilities allocates the :oliowittg oapxitics to the propctty and Wastewater TrOA nt Plant *AVAILABLE Potable Water Tteatmem— Plant 1_0 MOD * AVAI.LA. —F 'AVAILABLE "AVAILABLE 0 100 11 Street South 1MMOKAL E FL —K M COLLiEB_CO1NI Dwellings) Comrnem al llUW nfc _ $g_—FL 1 New Facility Ownary's) of Raoord liver Strad SDP '"Develatxr —, L ild tines to carLne to esi roes wrt_ r nd lr �'astrucw�, Sinceee . 7 Eva e Executive Director I BUSINESS PARK AT SILVER STRAND 8C Growth Management Plan Amendment Traffic Impact Study Prepared For: Silver Strand III Partnership 2600 Golden Gate Parkway, Suite 200 Naples, FL 34015 Prepared By: wiftonmiller New Directions in Planning, Design & fngineenng Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, FL 34105 April 26, 2006 EXHIBIT V.E.I.0 LOON • Project Location 86 Description ........................... ..............................1 • Trip Generation ................................................... ..............................1 • Simulation Model ................................................. ..............................4 • Site Access and Project Trip Distribution .......... ..............................4 • Area of Influence .................................................. ..............................8 • Link Analyses ....................................................... .............................11 • Intersection Level of Service Analyses ............... .............................16 • Conclusions & Recommendations ..................... .............................22 • Appendix A - ITE Reports ..................................... .............................23 • Appendix B - FSUTMS Plots ................................ .............................26 • Appendix C - Camp Keels Rd. at Oil Weil Rd.... ..................... .... _.. 28 • Appendix D - Camp Keels Rd. at Immokalee Rd. ...- ........ .............. 48 • Appendix E - First St. S. (CR 846) at Main St. (SR 29) .....................68 • Appendix F - Fifteenth St. N. (SR 29) at Immokalee Or ...................88 • Appendix G - Fifteenth St. N. at Lake Trafford Rd ...........................108 • Appendix H - Project Entrances ........................... ............................128 • Appendix I - Collier County Count Station Data .. ............................146 • Appendix J - FDOT Peak Season Factor Category Report .............168 6R]/2003190984 V rr 011 -WONES Wa 069]1-002- OO61TpS 2B03t M• Business Park at Sfiver Strand Growth Management Dian Amendment Traffic Impact Study Project (Location & Description Site Location The subject property is located in the southeast quadrant of the intersection of Immokalee Rd. (C.R. 846) and Stockade Road, with frontage on Immokalee Rd.. A site location map is shown in Figure 1. The property is bounded on the south, east and west by agricultural activities, and will, at its north end be adjacent to the Rinker Concrete Plant at Silver Strand (separate Conditional Use application). Project Description The site is approximately 174 acres in size. The proposed use for the site is a collection of industrial and commercial uses totaling 1 million square feet. Project Assumptions The assumption in this analysis is the project build out will be in 2012. Analyses are based o the peak season of the first year following build out, 2013. Thirty percent of the proposed area (300,000 square feet of building area) is intended for a mixture of commercial uses whose nature cannot be accurately predicted at this time. County staff, at the methodology meeting, requested that this area be analyzed as 100 percent retail, because, of all the permissible uses, that generates the largest number of trips per square foot. Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation /h Edition was used to estimate project traffic (see table 1). The commercial portion of the project may contain a variety of uses, but for the purposes of trip generation it was assumed to be all retail. Modest (2.5 percent) internal capture is assumed in the PM peak hour. ITE's Trip Generation Handbook provides a formula for pass by capture in the PM peak hour, but it is capped in this instance at ten percent of the adjacent street traffic. No internal or pass by capture is assumed in the AM peak hour. The complete trip generation reports are contained in Appendix A. 521000b 133036 Var. all- CJONES CWl N6336T6936 nwa. n�ia r , f � � i r a -.� -- �4. N4 1 p r f' i a,nc O r � • M $m m N N o N r O O N CD 4 r N co r O O e{ r- [D N C, O { V V' OD r e- I� _ O Cl) c OD O N CA c1 Ch si Fes;.. th 04 N N M N O N O 0 r N O W W co U7 r L h m � f0 r M N O co t0 7 b,! v Qf u' m O (o N h N O CD O) COO r n ti %Ht —: w m � N C6 N � C C m m Z N m N C m m m }} N N N N N ® y w t O r w co a N z z F- _ m z O� r C) m v v { s U- C7 c w F- O !.a+ -a s - N o E 0 OD D v N E J 0 J •: N Y U a C N m U CL O Y C T m fi; r a a. � • M $m m LIE Simulation Modei The Collier County MPO provided the recently approved Florida Standard Urban Transportation Model Structure (FSUTMS) 2015 network. A new traffic analysis zone representing the project was created at the project location. The contents of the zone were adjusted until external traffic from the zone matched the ITE based estimate of new daily traffic (14,238 from Table 1). Project traffic distribution is based on a select zone analysis on this 2015 network. Appendix B contains FSUTMS plots showing, in order, the total peak season weekday traffic (in hundreds), the project daily traffic, and the percentage distribution of project traffic. Site Access and Project Trip Distribution Not all numbers are legible in the FSUTMS plots in Appendix B so project traffic distribution is shown in Figure 2. Figure 3 shows the distribution percentages applied to the AM peak hour project traffic in Table 1. Figure 4 shows the distribution percentages applied to the PM peak hour project traffic (excluding pass -by) in Table 1. Access to the project is assumed to consist of two entrances, with a northern access through the neighboring concrete plant. All entrances are assumed to be full movement, and all access points will have a minimum of 1320 feet of separation. s>�rmro -1 w vr. mi. coo s tmae- arsaannszr��a 4 0 z w 0 E E w e N 09 C um �� V u u u LJ Ll U Li �J 'N 7S MIA 4. 44MN� U o E CL N 69 -a'S Papa alaaX dmrj > •= ?q U 3 O 9 d i m 8C SEWS 'PM8 -PMB uos0 age No) 'PMB+eaROo 5p< Ss 9 t Ct d 6Z'N's C $ui E E E PeoN sl"N dweo Q m S P: U a O 6Z'N'$ i F-1 OMOU v m 'PMB SOPel61an3 496 No) 'PAIS JaIIWo Id 7s mu a 0 z N c E F (SE as) IS lausm.1 69 as Q fd s d F 0 C 0. 75 9NIN C ® K = R 4 rc U ce Awo ® e � K IL Q E M° E LD MI PeoN sl"N dweo Q m S P: U a O 6Z'N'$ i F-1 OMOU v m 'PMB SOPel61an3 496 No) 'PAIS JaIIWo 0 z N (SE as) IS lausm.1 69 as 6 fd s d F 0 C N 7 4 rc ? o e � � PeoN sl"N dweo Q m S P: U a O 6Z'N'$ i F-1 OMOU v m 'PMB SOPel61an3 496 No) 'PAIS JaIIWo N K N A C 0 � A �I p a WE WS) 78 41Ue Vid a as x p 0 a R 0 J K 0 m 1y/ � ZQ R LU 2 � N m F 'IS WW19 B d m �o b d 9 g 1� X a a d R m 3 O7 LL C Ny rc U W O Y 0 E E •I az,ws s e 0 E E PM11 slew dmrj 9 'O � C U m 0 8C w WS 2ti m nwoSea a d wm 'PAIR sapelsj"a 'PAIS UMIIM 6seaoI 'PAIR 1811103 C 0 F a WE WS) 78 41Ue Vid a as x p 0 a R 0 J N _ O 0 1y/ R PM11 slew dmrj 9 'O � C U m 0 8C w WS 2ti m nwoSea a d wm 'PAIR sapelsj"a 'PAIS UMIIM 6seaoI 'PAIR 1811103 Area of Muence The area of influence was defined to be those road segments on which project traffic exceeded a threshold percentage of the peak hour service volume for the road - the threshold determined by whether the road segment is designated as an A, B, or C link. Table 2 shows, for the PM Peak period, the road segments analyzed, their designation, threshold percentage, peak hour project traffic parallel to the background peak direction (from Figure 4), service volume, and whether the segment will be "significantly" impacted. The table indicates that there are fourteen road segments significantly impacted by project traffic. This table also indicates existing conditions: the last column contains excess capacities available from the Concurrency System Database on March 3, 2006. All of the significantly impacted road segments have excess capacity and are thus operating at acceptable level of service. Table 3 develops the same information for the AM peak hour period. It is not appropriate to use published PM peak hour peak directional service volumes for analyses in the AM peak hour. On many arterial streets, the peak direction of traffic flow reverses between the morning and the afternoon. Directional service volumes are based on the characteristics (geometric, signal timing, and traffic) of the major intersections along the road segment, ignoring the first (in the direction of peak flow) intersection. On a road segment where the peak direction does reverse from AM to PM, there would be a different set of intersections used to calculate the road's service volume (the last intersection would become the first, and hence ignored, and the first intersection would become the last and its characteristics would be used in the service volume calculation). Regardless whether peak flow direction reverses, some characteristics of the intersections used as input to the service volume calculation would be sufficiently different from AM to PM to make it extremely likely that an AM peak hour service volume would not be the same as the PM peak hour service volume. 52N2Jp }1]3038 Var.Ofl- GJDNES Gp3 NDf38UJ&080.TTAS nne a F a k R i 4. . W Y i Y ��• LL �}` �# o W r� o W ^? � m m m � m m�� o .O ? Oi m vj Ci t7 M r- r N W N m m v c M � i S �, ❑❑ p❑❑ U U U V U U U❑ U❑ p p 0❑ p❑ °� U U 1bj „�d 3 Vtn... LNym W W W �j W W W W W W W W ?y W 2� W W W W LL O 0 0 0 O O O o O O �? `O W yb ' N h Z Z Z y Z Z Z Z Z Z Z N 2 y Z y Z Z Z Z Z a YC m m W a Z m $ a a Ea W Na E Q ❑ � a W Y N 3 Ig = N D d l0 E d Ns N Y�J N N m❑ LO N J N O 0 O d C K R' y N z pl N d N d r ry C $ mm❑ a to z U� � ci F' -m d d` qq�r E m c m° K m w 0 U U U 9 p w n' Zq rn m y h z d t5 E 'a E 'u o i W U �- E m m d C i d o K❑ ❑ v ti •- - U MM N z W S w w z p E w z U p R R a Q v N a Z 5 D '6 Dqq t Dp N N N N y O i L F a k R m• O All IA O m m m m m N N N N N N N m N N m m N M m Q Q m U U U U U U U m U U Q m U W O O O O N N N N N o O g^ n N N N N W N o0 m � d anD arp unD � � m c0 N� W� ❑ ❑ ❑ ❑ U U U U U U ❑ ❑ ❑ ❑ U ❑ U ❑ O el t0 m b VN' � aND � m N ro b N Y tl[ omD Y�� 6 d m Q 6 d w w w 3 3 w w w w w 3 w w w LL Y 0 0 0000000000000;000; � a L ' Z Z W m Z N N 41 tq Z W Z Z Z Z N Z Z Z K V o l0 0 Waa QWQ tpp N m � mO m N N O �Np N N W � Np i !k � C.j U m C a of N C 4 L d C Y Z d1 c O E W co Q d d r c 0 W E N ❑~ IC N c 'o c �` N f/1 E L c a ai z w o" ` ci 0 � ¢ � p° O O o Y J 0 z O_ O o C E¢¢ N U O a N i c o N c w w m E p`y 'Q G mm G o m» IC t U 2' C d W v N r$al Z N a y O d v y y U U U f Q O W v e _I 3 pI m CO C O E d N W L N W y _6 O > m N m E m OQl w a > O - 9 N m L. U LL U U Q U d J N m W Z Z U W r W U Q a W N Q Z K a N ❑' N N N y y a E Cf u m m m_ o C y d 1- W o _ m �n k '�` E M P m t e E ,'_,• �j �j. z z z z co z O_ z° y E 2 v h 4 IRA Ssi M I Unk AnePyses Future Conditions and Level of Service Analysis Figure 5 shows, on the significantly impacted road segments, the total two way peak season weekday traffic (PSWT) assignment volumes (in hundreds) from the 2015 simulation that included a dedicated project zone generating 14,238 external daily trips, and is consistent (but more legible) than the FSUTMS plot in Appendix B. Total two way volumes appear on both sides of each segment; they are not directional volumes. Figure 6 shows the project daily traffic from the same simulation. Total two way volumes appear on both sides of each segment. Table 4 derives level of service for significantly impacted road segments in 2013 with and without project traffic. Total PSWT traffic volumes from the ends of each segment are averaged. Project daily traffic volumes from the ends of each segment are averaged and then subtracted from the total traffic to obtain background PSWT. This is converted to Annual Average Daily Traffic (AADT) using a Model Output Conversion Factor (MOCF) from the FDOT permanent count station in Collier County (Appendix J), and hence to PM peak hour two way using K= 0.092. The two way peak hour volume is split using observed directional splits at Collier County count stations in the first quarter of 2004. This 2015 peak hour peak direction background traffic is compared to the published 2005 peak hour peak direction traffic from the 2005 Annual Update and Inventory Report (AUIR). The average annual growth rate (compounded) necessary to inflate the published 2005 volume to the projected 2015 volume is calculated and this rate is used to deflate the 2015 peak hour volume to a 2013 peak hour volume. The one exception to this method is Lake Trafford Rd., for which the peak hour volume derived from the model assignment was less than the published 2005 volume. In this instance only, the growth rate shown in the table is the historic growth rate observed in AADTs at the count station on Lake Trafford Rd. That growth rate is used to inflate the 2005 volume to a projected 2013 peak hour volume. Project traffic PM peak hour directional volumes are from Figure 4. Roadway configurations are from the 2015 network. Service volumes for facilities to be improved are the average of service volumes in the 2005 AUIR for similar facilities. Table 4 indicates that in the PM peak hour in 2013, there are no significantly impacted road segments on which the proposed amendment causes the level of service to fall below the adopted standard. Table 5 converts 2013 PM peak hour two way volumes to AM peak hour using AM peak hour to PM peak hour ratios observed at Collier County count stations in the first quarter of 2004 (Appendix 1). This two way volume is split using directional split observed in the AM peak hour from the same stations. Project traffic AM peak hour directional volumes are from Figure 3. Table 5 indicates that in the AM peak hour in 2013, there are no significantly impacted road segments on which the proposed amendment causes the level of service to fall below the adopted standard. srzersoo-a. naroa vr. a,i- a.wwca wn wrasmsaoanns.n»s � 1 a 8 m C C 9 x C 0 v IE a R m m C 0 w d x 0 r N d e M 8r, v A 'w 'o CL CL 9 Z z Z v om W LOOR r V e� J Y e� O 6N b 0 �2 np 0 p p Y C V h N P P ry p W a F � O OO O oO OO O G OO C O OO - =£ A ` �� ❑ o ❑ ❑ ❑ U U U U U U U ❑ U ❑ 0 1p A P P P P P P N N N N N N o m m q g g t E 5 g 5 m Gd 2 N N N N n tsV S o Q CyeLiL Sm �Qp 0 J b NI m N N �w 0 fb b pN N N LL N 6 S J s N P R. 8 rt 7 m m m P m n Y ;a oa N c � m y I� O m � yy Q $ @yyy 6 w Q 4❑ b b IO W P n m R n O N m P F g a u o � m � OO m♦ O O O OO Opp G o O OO 'q eQ 0 'dU y o m n tbV G t0 P mOO n b N N vl pO rp n O yO�O O m Q' tbV n '¢g^ "8 N q P N bCi Yt0 (zl Ym] Q � N m Cl N � !� bm 10 n ItXYPiI O N p N _ 2 $ mi $ `mS qqm a $ °m gi 53 oB IyX m .8b 8 8 O - 3 ? �pmp mm mN 1O �- tV ry pP s p� P N '� i S 3n LL F S Y P CV m N m 11! @ 40 P N Cnl m N m b� ryry y� w n b o m f o- 0 o 5 E r t E as Y uYl U U m W v'� LL �p ❑° p a E m H f� .O 0°9 P N m• � k a8 s S�$ 90 e �. v� m co w to d o ° x 0 0 0 9 U ' M M M n° (°O fO0 o 0 o 0 0 o d d d 6® a0i o d Q o f N o N o N ° w n r n n '�- 5 y 0) .6 °� = N N N m m m m N q.. E C > y E� y 0 c .> 0 0 U U U U U U �.' . 3" o 0 C L m O 4 0 v 0 N N N N m Cj (!! r (°D cm0 h O LU m ^ m Ql O �N �' �O N W N M M N N 0) w m a w c O) m m o a o Z m r r N a O CO m N N ` �p N v ? n n N m h m m L m N O Y E �. O V! to m M M r A N T N C N � 0. m O 3c N M m M m � �N', cli CR N N 00 > d O d O O O O O O p e 5 m s L 6 m co m m m V rn 14: ' m m m M m M c Cj o 0 0 0 o d d o d N �j d Y G m m ro m m Ql M M M M 0 e i cmo cmO ccoo j m p ' o tp n O O m Lo co M m N W r N N O N v X a 0 p a O O N N m N N m m o A �'. pC aq o m d n d n d n o n d n o m 6 co o w d c �o s'o E n o ° ti n M m `m 2 vi o d E a ° U) A a m c m 1 5 z am Y J O QQ A w y Q o i3 o W 3 0 lL U >. .Q c� E Of Um 9 � m m$ J C lB m t0 C y W C w U O C7�� L t Y U M C N LLI g g t° E ° rn r1°- � a 0 iiN N O rn Ham '° E m rn Q_ 2 4 fL Q- a . p Y 0-0 t m N s N m N m m i=5 C14 U U � E E m E = OF co - —12 Z ZM � k a8 s S�$ • 16 gwiemecgon LevM of Service Ana ye•s By agreement with county staff, the following intersections were analyzed: • Camp Keats Rd. at Oil Well Rd. • Camp Keats Rd. at Immokalee Rd. (CR 846) • First St. S. (CR 846) at Main St. (SR 29) • Fifteenth St. N. (SR 29) at Immokalee Dr. • Fifteenth St. N. (SR 29) at Lake Trafford Rd.; and • Project Entrances. WilsonMiller collected turning movement counts at the first five intersections March 28 -30, 2006. These turning movements were adjusted using a peak season conversion factor for the week of the counts from the FDOT permanent count station (Appendix J) to estimate peak season existing conditions. 2013 peak hour two way background traffic estimates surrounding each intersection are developed in Table 6, in a manner similar to Table 4, but using the total traffic and project daily traffic volumes (Figures 5 and 6) nearest the intersection instead of the average for the segment. The ratio of AM total entering volume to PM total entering volume observed on the day the turning movements were counted was used to convert 2013 PM peak hour two way estimates to AM peak hour two way estimates. Access to the project is assumed to consist of a main entrance, with a northern access (1320 feet minimum from the main entrance) through the neighboring concrete plant, and a southern access 1320 feet (minimum) south of the main entrance. All entrances are assumed to be full movement. Figure 7 shows how the trip distribution percentages to and from the north and south shown in Figure 2 are split between the entrances. Concrete plant traffic developed in a separate application becomes background traffic at the northern entrance. YlORJ011Y 6 Ver. %I -WONE9 W N%%6)6096TTR6- 2]119 16 • OVA Table 8 Future Background Peak Hour Two Way VoIuirnes at Intersection Logs 4 W" .5 0 5 I South 0 0 0 0 0.99 Camp Keels Rd. at Oil North 305 1290 29210 25700 2364 29.4 1412 0.99 1395 Well Rd. West 314 1290 30110 26500 2438 3.0 2298 0.99 2270 East - 231 0 2300 2020 186 3.0 175 0.99 173] Camp Keels South 406 3990 36610 32220 2964 29.4 1770 0.78 138B 8 Rd. at North 4501 5780 39220 34510 3175 23.7 2075 0'78, 11527 immokalee Rd. West 56 970 4630 4070 374 3.0 353 078 277 East 80 830 7170 6310 581 3.0 548 0.78 430 Immokalee Rd. at South 453 50130 39210 34500 3174 23.7 2074 0.72 1502 Project Entrances North 473 8160� 391401 34440 3168 23.2 20871 0.72 1512 South 425 6310 36190 31850 2930 23.2 1931 0.84 1614 First St. S. (CR 846) at North 110 1350 9650 8490 781 3.1 735 0.84 614 Main Street West 274 3160 24240 213301 1962 5.6 1759 0.84 1470 - East 2061 1800 18800 16540 1522 3.0 1436 0.84 1200 15th St. N. South 204 2080 18320 16120 1483 3.2 1393 0.76 1058 (SR 29) at North 162 1330 14870 13090 1204 1.2 1177 0.76 894 Immokalee West 95 940 8560 7530 693 0.4 688 0.76 522 Dr. East 70 430 65701 5780 5321 0.41 528 0.761 4011 15th St. N. South 161 1330 14770 13000 IM 1.2 1169 0.71 831 (SR 29) at Lake North 194 1310 18090 15920 1465 2.8 1387 0.71 986 Traffrord West 81 4901 7610 670 0 6`16 0.4 612 0.71 435 Rd. East 70 4701 6530 5750 1 529 0.4 525 0.71 373 Notes: 1) Figure 5 2) Figure 8 3) Background PSWT * 1140CF (0.88) 4) AADT - K (0.092) 5) Table 4, or for segments with no published 2005 peak hour volumes, 3 percent 5) 2015 PM Peak Hour Two Way Deflated Two Years at Projected Annual Average Growth Rate 7) Ratios of Total Approach Volumes between AM and PM Turning Movement Counts I 1Y Ve. oil. GJG s GPIs M0138A76gW -1Tp5 -2]119 17 wk | , / | � | ■■ ! |■ ■ | a; R ! a§ � ) ! $ ! |■ J■ |■ ;! ■■ ;■ � t am §■ ■ | ! !■ ! |■ ■ |■ ! |§ ■ | | , / | � ! ■■ § |■ ■ w a; R a= a§ & t am §■ ■ ■§ ! !■ ! |■ ■ |■ ! |§ ■ | ui / . . IL £ Lu 2 i |■ _■ |■ ;§ |■ ;! �, |■ § |■ § |■ ! Im $ , . ui ) | | | 9 |§ ! |§ § |§ ■ • |_ § |§ ! ■■ ■ ZM § „2 r,. , ■; | , :,...® :�� ! f , |■ ;■ :. ; |4 ■§ ;- ■ |■ -■ / ! { ,$ ■■ « ■ !§ ■ |■ § § R |■ ! § ■ ; & 19 8C Table 7 contains project traffic AM peak hour turning movements at the extemal intersections, which are consistent with the directional AM peak hour project traffic volumes shown in Figure 3. Table 8 contains project traffic PM peak hour turning movements excluding pass -by, which are consistent with the directional PM peak hour project traffic volumes shown in Figure 4. Table 9 shows AM peak hour turning movements at the project entrances, using the percentages developed in Figure 7 applied to the AM peak hour total entering and exiting volumes from Table 1. Table 10 shows the PM peak hour turning movements including pass -by at the project entrances, derived similarly. Table 7 ® AM Project Turns at ®ffsite intersections Table 9 ® PM Project Turns Excluding Pass -by at ®ffsite intersections Immokalee Rd. at Main Entrance 0 Immokalee Rd. at South Project Entrance 0 Immokalee Rd. at Batch Plant Entrance 0 94 154 268 41 0 Camp Keels Rd. at Oil Well Rd. Camp Keels Rd. at Immokalee Rd. Immokalee Rd. at Main Street 15th St. N. (SR 29) at Immokalee Dr. 15th St. R. SR 29 at Lake Traffrord Rd. 0 0 0 0 0 18 51 0 0 0 0 0 0 158 0 12 56 14 38 0 0 0 0 33 45 19 25 0 53 52 0 0 125 71 0 0 11 16 0 9 15 Lo 0 6 31 0 2 3 5 14 0 14 23 0 5 94 0 2 5 Table 9 ® PM Project Turns Excluding Pass -by at ®ffsite intersections Table 9 ® AAA Project Turns at the Entrances Immokalee Rd. at Main Entrance 0 Immokalee Rd. at South Project Entrance 0 Immokalee Rd. at Batch Plant Entrance 0 94 154 268 41 0 Camp Keels Rd. at Oil Well Rd. Camp Keais Rd. at Immokalee Rd. Immokalee Rd. at Main Street 115th St. N. (SR 29) at Immokalee Dr. 15th St. N. SR 29 at Lake Traffrord Rd. 0 0 0 0 0 86 51 0 0 0 0 0 0 157 0 55 265 64 0 38 0 0 0 0 124 0 70 0 0 32 0 210 90 119 0 53 52 73 0 9 43 0 0 6 31 0 11 15 24 64 0 13 38 0 0 5 14 0 8 23 Table 9 ® AAA Project Turns at the Entrances 3`ablo 1Q c IAA Project Turns Prtc(uding Pass -by at the Entrances .�_..� Immokalee Rd. at Main Entrance 0 Immokalee Rd. at South Project Entrance 0 Immokalee Rd. at Batch Plant Entrance 0 94 154 268 41 0 Immokalee Rd. at Main Project Enhance Immokalee Rd. at South Project Entrance Immokalee Rd, at Batch Plant Entrance 0 35 120 209 32 0 0 0 0 78 0 58 0 144 96 32 78 0 0 0 0 8 0 11 0 69 24 81 242 0 0 0 0 0 0 46 3`ablo 1Q c IAA Project Turns Prtc(uding Pass -by at the Entrances .�_..� Immokalee Rd. at Main Entrance 0 Immokalee Rd. at South Project Entrance 0 Immokalee Rd. at Batch Plant Entrance 0 94 154 268 41 0 0 0 0 431 0 318 184 123 41 431 0 0 0 0 42 0 63 381 31 103 310 0 0 0 0 0 0 254 BI]Rl]993-1} ver. oil. OJOWs N0f36-0]60p0.TTA5 -2]119 19 20 Appendices C through H pertain to the intersections identified previously, and begin with a table showing the 2006 turning movement counts collected by WilsonMiller, 2006 peak season estimates, and 2013 background traffic turning movement projections based on the peak hour two way volumes developed in Table 6. If those 2013 model based projections are less than 2006 volumes, an annual growth rate is applied to the 2006 turning movements, either from a nearby count station, or, if that yields a decline too, a default growth rate. Approach volumes are usually the same split of the two -way volume as was observed when the turning movements were counted; exceptions are explained in the appendices. Approach volumes are split into turning movements usually using the splits observed when the turning movements were counted; exceptions are explained in the appendices, occur where traffic patterns are expected to change dramatically, and rely on turning movement splits produced by the simulation model. Following the table that develops future background traffic and adds project traffic are: • Diagram showing the existing intersection configuration and 2006 peak season turning movement estimates; • Synchro analysis report of 2006 intersection level of service; • Diagram showing the 2013 background traffic turning movement estimates and assumed geometry if the intersection is scheduled for improvement; • Synchro analysis report of the 2013 background traffic condition level of service; • Diagram showing the 2013 background plus project turning movement estimates on the same geometry; and • Synchro analysis report of the 2013 background plus project traffic condition level of service ' The collection of tables and reports described above is produced first for AM conditions, then PM conditions. Immokalee Rd. is analyzed as a four lane facility from a re- aligned intersection with Camp Keels Rd. north to the existing four lane section. Camp Keels Rd. is analyzed as a four lane facility south from the intersection with Immokalee Rd. to Oil Well Rd. Table 11 summarizes the intersection level of service results. The intersections of Camp Keels Rd. with Oil Well Rd. and Immokalee Rd. are currently un- signalized, but neither would provide acceptable level of service for 2013 background traffic conditions without being signalized. Un- signalized analyses are contained in Appendices C and D but not summarized in Table 11 to preserve legibility. At the project entrances, the problematic movement is left turns out in the PM peak hour, yielding unacceptable level of service for exiting traffic. The main entrance as a signalized intersection can provide acceptable level of service for enough of the southbound exiting traffic that the few others that wait for gaps to make exiting left turns at the north and south entrances will not experience unacceptable delays. An un- signalized analysis of the main entrance is provided in Appendix H but not summarized in Table 11. Y1V1W }1]3038 Vx.011 -W NE9 W13 20 NU1980I6p0y TtA& ZI118 " 80 �m " 80 • MR M � 22 =`M The proposed amendment does not cause the level of service to fall below the adopted standard on any significantly impacted road segments. The proposed amendment does not affect level of service at any of the impacted intersections enough to warrant mitigating improvements. In order to provide acceptable level of service for full build out project traffic, the main entrance to the site will need to be signalized. Additional access points to the north (shared by the concrete plant) and south of the main entrance will be separated sufficiently from the main entrance to allow (under access management spacing requirements) full movement openings in the median constructed as part of the eventual widening of Immokalee Rd. 5R9RW3. 129898 Var. 811 -G ES cw9 e aoo-n� : to 22 8C 4, Appendix A - ITE Trip Generation Reports 23 Summary of Trip Generation Calculation For 700 Th.Gr.Sq.Ft. of Industrial Park (LU# 130) Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 6.03 0.00 1.00 4220 7 -9 AM Peak Hour Enter 0.54 0.00 1.00 378 7 -9 AM Peak Hour Exit 0.12 0.00 1.00 83 7 -9 AM Peak Hour Total 0.66 0.00 1.00 461 4 -6 PM Peak Hour Enter 0.17 0.00 1.00 122 4 -6 PM Peak Hour Exit 0.66 0.00 1.00 459 4 -6 PM Peak Hour Total 0.83 0.00 1.00 581 Saturday 2 -Way Volume 2.39 0.00 1.00 1674 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 .--. Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: T = 4.96(X) + 747.75, R"2 = 0.51 7 -9 AM Peak Hr. Total: LN(T) _ .77LN(X) + 1.09 R�2 = 0.59 , 0.82 Enter, 0.18 Exit 4 -6 PM Peak Hr. Total: T = .77(X) + 42.11 R'2 = 0.61 , 0.21 Enter, 0.79 Exit AM Gen Pk Hr. Total: T = .66(X) + 76.27 RA2 = 0.57 , 0.86 Enter, 0.14 Exit PM Gen Pk Hr. Total: T = .73(X) + 59.62 R�2 = 0.54 , 0.21 Enter, 0.79 Exit Sat. 2 -Way Volume: T = 2.25(X) + 99.26, R'2 = 0.75 Sat. Pk Hr. Total: 0 RA2 = 0 0 Enter, 0 Exit Sun. 2 -Way Volume: T = .65(X) + 36.7, R"2 = 0.71 Sun. Pk Hr. Total: 0 RA2 = 0 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS Appendix R, ® iTE Trip Generation Reports Summary of Trip Generation Calculation For 300 T.G.L.A. of Shopping Center (LU #820) Note: A zero indicates no data available. Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 46.23 0.00 1.00 13870 7 -9 AM Peak Hour Enter 0.62 0.00 1.00 185 7 -9 AM Peak Hour Exit 0.39 0.00 1.00 118 7 -9 AM Peak Hour Total 1.01 0.00 1.00 303 4 -6 PM Peak Hour Enter 2.07 0.00 1.00 621 4 -6 PM Peak Hour Exit 2.24 0.00 1.00 672 4 -6 PM Peak Hour Total 4.31 0.00 1.00 1293 Saturday 2 -Way Volume 61.53 0.00 1.00 18460 Saturday Peak Hour Enter 3.06 0.00 1.00 919 Saturday Peak Hour Exit 2.83 0.00 1.00 849 Saturday Peak Hour Total 5.89 0.00 1.00 1768 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: LN(T) _ .65LN(X) + 5.83, R'2 = 0.78 7 -9 AM Peak Hr. Total: LN(T) _ .6LN(X) + 2.29 RA2 = 0.52 , 0.61 Enter, 0.39 Exit 4 -6 PM Peak Hr. Total: LN(T) _ .66LN(X) + 3.4 R'2 = 0.B1 0.48 Enter, 0.52 Exit AM Gen Pk Hr. Total: 0 R"2 = 0 0 Enter, 0 Exit PM Gen Pk Hr. Total: 0 RA2 = 0 0 Enter, 0 Exit Sat. 2 -Way Volume: LN(T) _ .63LN(X) + 6.23, R^2 = 0.82 Sat. Pk Hr. Total: LN(T) _ .65LN(X) + 3.77 R"2 = 0.64 , 0.52 Enter, 0.48 Exit Sun. 2 -Way Volume: T = 15.63(X) + 4214.46, R'2 = 0.52 Sun. Pk Hr. Total: 0 RA2 = 0 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS 24 • Appendix B - FSUTHS Plate 2015 Total Two Way Peak Season Weekday Traffic zas I 23 cct tai 26 0 47 47 88x10 49 �38 48 137 137 157 49 122 10 72 IT2 T2 5j 5E 4 81 Two Lanes — 1/�ID7 Four Lanes otal —1 wo Inlay PS "D- 314 314 ?3 Six Lanes Project Traffic Distribution Eight Lanes roject Traffic Distrilbutio Ton Lanes —2015 Metwo* with 2015 �ZDATA X:\angX04971 Silver Strand\002-000 Business Park\FSUTMWOJ SHRLDXY.dI 5 4/21/2006 IUCr-IlSed tO WilsonMiller, Inc. 8C A Appendix B - ESIJTMS Plots Total Daily Progect Traffic yl r c -. i i r -1 fI I f - Iwo Lanes Tot21 -wo VV&v PSWDT Four Lanes ,J - Six Lanes s Eight Lanes Project Traffic Distributioea:;i Tan Lanes 20151letxrock w(th 2015 ZDATA XAeng104971 Silver Strand1o02 -000 Business ParMFSUTIAS\2015 %HRLDXY.d15 4/21/2000 Ucensed to Wilsonhliller, Tnc. APPendix B - FSUTMS Mots Project Traffic Percentage Distr6bution o. za z.g �g in tr� 'o 3 3.9 O I I 'o 1.3D �... �?�.. n -. ,,.._ a� 1.3 1.3 3 m 133 y`..,.. 6.6 I z3 1iv t p.. _. (0.20.]i 1.3 3�5 5.6 5.8 5.8 1.3 533 � 1.2 3. m �l N A w O u 3.0 8.0 8.0 6.8 6.0 0 8.8 N 0 O O4 B4 Two Lanes Total `,,.,,o Way ?SlA!i[ T tam••- - , - _ Four Lanes 9.1 9.1 0 -:. Six Lanes Project Traffic Distribution Eight Lanes Ten Lanes 2015 Network with 2015 ZDATA X:\eng \04971 Silver Strandt002-000 Business Park1FSUTMS\2015 \HRLDXY.d15 4/21/2006 Licensed to WilsonMiller, Inc. U) 0 2 > > Appendbt C ® Camp Kq&W lbdi. at ®96 �fiveii Gad, 2006 SAM Peak Existing Conditions a s• • • e7 s • 'i • 1:1 1RA20061SBS08 W Mi. WMES 29 8C i-kPP911 9 C o Cams Keais Rd. at OR VVkWi Rdl. 30 2006 AAA Peak Existing Conditions 19: Oil Well R. (CR 858)& Camp Keais Rd. co,.. cot: =UK X:IEneD4971 Silver Strand1002 -000 Business PadASvnchro12000 AM Peaksv7 NBL --* -Vv - � A, 4r f ,vwvcmm,�.. co,.. cot: =UK VVHL ,Vgtrl,. -.WUK NBL NBS. NBR SBL SBT. SBF Lane Configurations 4 t ,� Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehfh) 85 89 0 14 22 6 0 0 0 8 46 139 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.82 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 93 97 0 15 24 7 ❑ 0 0 9 49 151 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right turn flare (veh) Median type (None Hone Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 30 97 517 346 97 341 341 27 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 30 97 517 346 97 341 341 27 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 94 99 100 100 100 99 91 86 cM capacity(vehfh) 1682 1497 354 539 960 581 541 1048 Directon;.Lane. #, EBA WB,1 NB 1: Saj Volume Total 190 46 0 209 Volume Left 93 15 0 9 Volume Right 0 7 0 151 cSH 1582 1497 1700 836 Volume to Capacity 0.05 0.01 0.00 0.25 Queue Length 95th (ft) 5 1 0 26 Control Delay(s) 3.9 2.5 0.0 10.7 Lane LOS A A A B Approach Delay (s) 3.9 2.5 0.0 10.7 Approach LOS A B I htersectloh S umm ary Average Delay 7.0 Intersection Capacity Utilization 32.8% ICU Level of Service A Analysis Period (min) 15 �rurmos,eac,s ver. o,FC,ores 30 owi,aozaoo-rrns -xsoz, Oil Well R. (CR 858 1005 177 2013 AM Peak Background r ry a� Y 7 �-27 17 Oil Well R 1 8c 31 ApparidG... C - Camp � [ �eaes [�o'� aL �[6 jtre6i pdo 2013 AR4 Peak Background - Un- signalized 19: Oil Well R. (CR 858)& Camp Keais Rd. X:IEngW4971 Silver Strand1002 -000 Business Padits mchrol2013 AM Peak Backoroundsaq Lane Configurations EBA EB:Q EB:3 WB 1 NO S @9 Volume Total 546 540 192 Sign Control 0 Free Volume Left Free 546 stop 18 0 Stop Volume Right Grade 0 0% 8 0% 933 0% 1574 1574 0% 1381 Volume (vehfh) 1005 177 0 17 27 7 0 0 0 19 66 858 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourlyflow rate (vph) 1092 192 0 18 29 8 0 0 0 21 72 933 Pedestrians 2.6 0.0 Err Approach LOS A F Lane Width (ft) Average Delay 4338.9 Walking Speed (fits) Intersection Capacity Utilization 63.1% ICU Level of Service B Analysis Period (min) 16 Percent Blockage Right turn flare (veh) Median type Hone Hone 10 Median storage veh) - - Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 37 192 2949 2461 192 2447 2447 33 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu,unblocked vol 37 192 2949 2461 192 2447 2447 33 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 5.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 pO queue free % 31 99 0 100 100 0 0 10 OM capacity(vehfh) 1574 1381 0 9 849 9 9 1040 Directibn; Lane.# EBA EB:Q EB:3 WB 1 NO S @9 Volume Total 546 540 192 55 0 1025 Volume Left 540 546 0 18 0 21 Volume Right 0 0 0 8 0 933 cSH 1574 1574 1700 1381 1700 96 Volume to Capacity 0.69 O.B9 0.11 0.01 0.00 10.69 Queue Length 95th (ft) 154 164 0 1 0 Err Control Delay(s) 12.3 12.3 0.0 2.6 0.0 Err Lane LOS B 8 A A F Approach Delay(s) 10.5 2.6 0.0 Err Approach LOS A F Intersection Summary -. Average Delay 4338.9 Intersection Capacity Utilization 63.1% ICU Level of Service B Analysis Period (min) 16 i A 32 rrzuzooe�imers vec 016c�or+ss vsn acnouzmo- nos zmn 32 • _f"pPend!fo: C ® ca:lzip KsafS Rd. 8;1c Cii [4i e6i fed. 33 2013 ANA Peak Background a Signalized 19: Oil Well R. (CR 858)& Camp Keats Rd. X:LEnot04971 Silver Stra SvnchroA2013 AM Peak Baackeround sv7 p Lane Configurations Ideal Fiow(vphpp 1900 1900 1900 1900 1900 1900 1900 1900 1900 1800 1900 1900 Storage Length (ft) 0 0 0 0 0 0 0 Storage Lanes 2 0 0 0 0 0 0 250 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 1 4A Leading Detector(ft) 50 50 50 50 50 50 50 50 50 Trailing Detector (fl) 0 O 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 0.97 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fri 0.980 0.850 Flt Protected 0.950 0.984 0.989 Satd. Flow(prot) 3433 1863 O 0 1796 0 0 1863 0 0 1842 1583 Flt Permitted 0.950 0.856 0.951 Satd. Flow (perm) 3433 1863 0 0 1563 0 0 1863 0 0 1771 1683 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 5 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 933 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 5103 11570 3972 27253 Travel Time (s) 116.0 283.0 90.3 619.4 Volume (vph) 1005 177 0 17 27 7 0 0 0 19 86 858 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flovu(vph) 1092 192 0 18 29 8 0 0 0 21 72 933 Lane Group Flow(vph) 1092 192 0 0 55 0 0 0 0 0 Turn Type Prot Perm Perm Perm 93 933 Penn Protected Phases 7 4 8 2 Permitted Phases 8 2 e 5 Detector Phases 7 4 8 8 2 2 6 e Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 10.0 6 10.0 8 10.0 Minimum Split (s) 18.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split (s) 81.0 83.0 0.0 22.0 22.0 0.0 67.0 07.0 0.0 67.0 87.0 67.0 Total Split( %) 40.7%66.3% 0.0%14.7% 14.7% 0.0% 44.7% 44.7% 0.0% 44.7 %44.7% 44.7% Maximum Green (s) 55.0 77.0 18.0 18.0 81.0 61.0 61.0 51.0 61.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3A 3.0 3.0 3.0 3.0 Recall Mode None None None None Max Max Max Max Max Walk Time (s) 5.0 6.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls(Whr) 0 0 0 0 0 Act Effet Green (s) 49.3 82.6 13.2 0 0 0 Actuated gfC Ratio 037 0.46 0.10 64.0 64.0 We Ratio 0.87 022 0.38 0.48 0.4e Control Delay 48.5 21.1 62.5 0.11 0.75 Queue Delay 0.0 0.0 0.0 23.9 5.1 Total Delay 48.5 21.1 62.5 0.0 0.0 LOS D C E 23.9 6.1 C A <rzueooa raroae ve ou- c.rowss anramuon nas -mmi 33 i A �-"PRandux C a Camp [cams i=,d. FL oak Vi4eit [ed. 2013 AM Peak Background e Signalized 19: Oil Well R. (CR 858)& Lamp Keais Rd. XIEn- M04971 Silver Strand%002 -000 Business PadASVnohro%2013 CM Peak Backaroundso7 34 Lane.Grouo- EBL --* EBT �t 1i4 EBR WBL WBT '*L- {! WBR NBL P NBT f'� V NBR SBL * SBT 4" SBR Approach Delay 44.4 82.5 78 Approach LOS D E A 90th %ile Green (s) 55A 75.5 14.5 14.5 81.0 81.0 51.0 61.0 81.0 90th %Ile Term Code Max Hold Gap Gap MaxR MaxR MaxR MaxR MaxR 70th %ile Green (s) 55.0 72.8 11.8 1.1.8 51.0 61.0 61.0 61.0 61.0 70th %ile Term Code Max Hold Gap Gap MaxR MaxR IufaxR MaxR MaxR 50th %lie Green (s) 51.1 67.1 10.0 10.0 81.0 61.0 81.0 61.0 61.0 50th %ile Term Code Gap Hold Min Min MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 46.2 812 10.0 10.0 61.0 61.0 61.0 61.0 61.0 30th %ile Term Code Gap Hold Min Min MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 32.1 32.1 0.0 0.0 81.0 61.0 61.0 61.0 61.0 10th %ile Term Code Gap. Hold Skip Skip MaxR MaxR MaxR MaxR MaxR Queue length 60th (ft) 464 97 44 46 0 Queue Length 95th (ft) 581 146 93 93 99 Internal Link Dist (ft) 5023 11490 3892 27173 Turn Bay Length (ft) 250 Base Capacity(vph) 1381 981 202 841 1242 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced vie Ratio 0.79 0.20 0.27 0.11 0.75 Intersection: Summary, Area Type: Other Cycle Length: 150 Actuated Cycle Length: 134 -7 Natural Cycle: 90 Control Type: Semi Act- Uncoord Maximum vie Ratio: 0.87 Intersection Signal Delay: 28.9 Intersection LOS: C Intersection Capacity Utilization 58.1% ICU Level of Service C Analysis Period (min) 15 90th %Ile Actuated Cycle: 148.5 70th %ile Actuated Cycle: 146.8 50th %Ile Actuated Cycle: 140.1 30th %ile Actuated Cycle: 134.2 10th %ile Actuated Cycle: 105.1 4M2o061aa&98 Ver. Oil- GMWS 34 MWt-0@-0]P l"fR &28021 • /APPS 6b, C — Catyip Kaa s kd. SI iii WGR End. 2613 AM Peak Background Plus Project Traffic Oil Well R. (CR 858 7 �-27 17 Oil Well R. 1056-17 o�o 177— > ar a� Y E m U 35 W. 1ee93e Ver. 011 -WOWS W„ -=Za W s:l!W, 35 F 6 s- lgEipgnd x C m cattip lkre&le Rd. at ��f 46�c -h[ �tdo 36 2013 AM Peak Background Pius Project Traffic 19: Oil Well R. (CR 858)$ Camp Keels Rd. * � � 4s 1 t �, 4 4, Lane Configurations sjq Ideal Flaw(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 0 0 0 Storage Lanes 2 0 0 0 0 0 0 250 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 410 1 4.0 Leading Defeotor(ft) 50 50 50 50 50 50 50 50 50 Trailing Detector(ft) 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 15 0 0 Lane Util. Factor 0.97 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9 1.00 Frt 0.980 0.850 Fit Protected 0.950 0.984 0.989 Satd. Flow(prot) 3433 1863 0 0 1796 0 0 1853 0 0 1842 1583 Fit Permitted 0.950 0.856 0.951 Satd. Flow(perm) 3433 1863 0 0 1563 0 0 1863 0 0 1771 1583 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 5 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 952 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 5103 11570 3972 27253 Travel Time 115.0 263.0 90.3 519.4 Volume (vph) 1056 177 0 17 27 7 0 0 0 19 66 875 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 1148 192 0 18 29 8 0 0 0 21 72 952 Lane Group Flow(vph) 1148 192 0 0 55 0 0 0 0 0 Turn Type Prot Perm Perm Perm 93 952 Perm Protected Phases 7 4 8 2 Permitted Phases 8 2 6 a Detector Phases 7 4 8 8 2 2 5 Minimum Initial (s) 10.0 15.0 10.0 10.0 10.0 10.0 6 10.0 6 1010 6 10.0 Minimum Splits) 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split(s) 63.0 85.0 0.0 22.0 22.0 0.0 65.0 65.0 0.0 65.0 6510 65.0 Total Split( %) 42.0%50.7% 0.0%14.7% 14.7% 0.0% 43.3% 43.3% 0.0% 43.3% 43.3% 43.3% Maximum Green (s) 57.0 79.0 16.0 16.0 59.0 59.0 59.0 59.0 59.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeacULag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 310 3.0 Recall Mode None None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( # /hr) 0 0 0 0 0 Act Effet Green (s) 51.5 54.8 13.2 0 0 52.0 0 62.0 Actuated g/C Ratio 0.38 0.48 0.10 0.46 0.46 v/c Ratio 0.88 0.21 0.36 0.11 0.77 Control Delay 47.6 19.9 62.6 25.2 6.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 47.6 19.9 62.6 25.2 6.6 LOS D 8 E C A arearzare,see3e ver. mr -GAlEs 36 4,15pat db; , 0 m camp KeaJG Rd. at CH lf4ald R& 2013 AM Peak Background Nua Project Traffic 19: Oil Well R. (CR 858)8 Camp Keais Rd. Lane: Group -. EBL EBT °s Ir EBR WBL *,,- WBT 4�1 -fi� WEIR NBL $ NBT ?. 'l. NBR SBL 1 SBT 41 SBR Approach Delay 43.8 82.0 8.2 Approach LOS D E A 90th %Ile Green (s) 57.0 77.5 14.5 14.5 59:0 59.0 59.0 59.0 59.0 90th %Ile Term Code Max Hold Gap Gap MaxR MaxR MaxR MaxR MaxR 70th %Ile Green (s) 57.0 74.8 11.8 11.8 55.0 59.0 590 59.0 59.0 70th %Ile Term Code Max Hold Gap Gap MaxR MaxR MaxR MaxR MaxR 50th %Ile Green (s) 53.8 85.8 10.0 10.0 59.0 59.0 59.0 59.0 59.0 50th %Ile Term Code Gap Hold Min Min MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 48.4 54.4 10.0 10.0 69.0 59.0 59.0 59.0 59.0 30th %Ile Term Code Gap Hold Min Min MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 33.5 33.5 0.0 0.0 59.0 59.0 59.0 59.0 59.0 10th %Ile Term Code Gap Hold Skip Skip MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 488 94 44 50 0 Queue Length 95th (ft) 810 141 93 98 109 Internal Link Dist (fl) 5023 11490 3892 27173 Turn Bay Length (ft) 250 Base Capacity(vph) 1430 1006 202 814 1242 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reduom 0 0 0 0 0 Reduced vie Ratio 0.80 0.19 0.27 0.11 0.77 lnten'eabon;.Svmma Area Type: Other Cycle Length: 150 Actuated Cycle Length: 135 Natural Cycle: 80 Control Type: Semi Act Uncoord Maximum vfc Ratio: 0.88 Intersection Signal Delay: 28.9 Intersection LOS: C Intersection Capacity Utilization 09.2% ICU Level of Service C Analysis Period (min) 15 90th %Ile Actuated Cycle: 148.5 70th %Ile Actuated Cycle: 145.8 50th %Ile Actuated Cycle: 140.8 30th %Ile Actuated Cycle: 135.4 10th %ile Actuated Cycle: 104.5 uzvmos Imwe v«: on- �s m3 U6 TI1 M-0 Tf 2Bp21 37 37 v V 8C �ry F O _ U h ` � > .i __ •_ _ it w i= - •_ to v; r' i c - r J c _ • U m ID CJ.. m m, m. m ..m. L Z Z.. ✓;. 'fin �n, W W WI !°.ppandia, C m Gernp Pie &fs Rd. at iii€ �kietl Rd. Well R. vnrzws imsu ver au- c.ia+ss w oawsnooaoz- Ms - aam7e 2606 Pik Peak Existing Conditions ME 42--4 �o o N Oil Well R. 39 • A PPGr di,. C ® CaraP KWs Rd. at Gii Wait Rd. 2606 PAS Peak Existing Conditions 19: Oil Well R. (CR 858)& Camp Keais Rd. X:IEnat04971 Silver 5trandt002.000 Business PaMSvnohrdk2005 PM Peak sv77 g -11 --0 -f- 4-- 4�, *! 1 i {t 4? rv,,,,.cucua r cow . coq -. COR -. VUnL 101110 .1 , -WON NBL NIJ r NBR SBL, SBT SBR Lane Configurations Sign Control Free Free Stop Stop Grade 0% 0% 0% O95 Volume (vehFh) 185 42 0 0 79 9 0 0 0 5 5 88 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourlyflow rate (vph) 201 46 0 0 86 10 0 0 0 5 5 96 Pedestrians Lane Width (ft) Walking Speed (f7s) Percent Blockage Right turn flare (veh) Median type None - None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 96 46 637 543 46 539 539 91 vC1.stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 96 46 637 543 46 539 539 91 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 pO queue free 95 87 100 100 100 100 99 99 90 cM capacity(veh/h) 1498 1562 312 387 1024 407 389 957 Diraodcne=Laoe * EB :1 WB 1 NB 1 $9,1 Volume Total 247 96 0 107 Volume Left 201 0 0 5 Volume Right 0 10 0 95 08H 1498 1700 1700 844 Volume to Capacity 0.13 0.06 0.00 0.13 Queue Length 95th (ft) 12 0 0 11 Control Delay (s) 6.5 0.0 0.0 9.9 Lane LOS A A A Approach Delay(s) 6.5 0.0 0.0 9.9 Approach LOS A A Average Delay Intersection Capacity Utilization Analysis Period (min) 1/11fA061655I6 vac Ml- GJONES cMv 01B]S000W2 -TfIS A3R 5.9 31.80k ICU Level of Service A 15 8C Appendib" C - 062nIP KLOMS Rd. at ON Weii Rd, 41 2013 PH Peak Background Traffic W17MMI6 24 Ver O11 -GJG S cV n avJSaaeoz -ms wme 18C Appandix C m Cat-rip (<aafs lid. at Oil Efftli Rd. 42 2013 PM Peak Background Traffic - Un- Signalized 19: Oil Well R. (CR 658) & Camp Keais Rd X:tEngV4971 Silver Strandl$WQQ 00 Business P11M§ nchro12013 PM Peak Background sr7 0 515 Volume Left 586 686 0 0 0 26 Volume Right 0 0 0 13 0 Movement. EBL EST EBIR WBC WBT WBIR NBL, N ST NSR SSL SBT SBR Lane Configurations in 1 240 240 0 0 0 Err Control Delays) 16.5 16.5 0.0 Sign Control 0.0 Free Lane LOS C Free Stop F Approach Delay(s) Stop it Grade 0.0 0% Err Approach LOS 0% 0% A F 096 Volume (vehfh) 1079 245 0 0 102 12 0 0 0 24 24 426 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 1173 266 0 0 111 13 0 0 0 26 Pedestrians 26 463 Lane Width (ft) Walking Speed (fNs) Percent Blockage Rightturn flare (veh) Median type 10 Median storage veh) None None Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 124 266 2974 2736 266 2729 2 72 9 117 vC1,stage 1 conf vol vC2, stage 2 confvol vCu, unblocked vol 124 266 2974 2735 266 2729 2729 117 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free 96 20 100 0 100 100 0 0 50 OM eapaoity(vehfh) 1463 1295 0 4 772 4 4 935 Volume Total 586 586 266 124 0 515 Volume Left 586 686 0 0 0 26 Volume Right 0 0 0 13 0 453 oSH 1463 1463 1700 1700 1700 40 Volume to Capacity 0.80 0.80 0.16 0.07 0.00 12.76 Queue Length 95th (ft) 240 240 0 0 0 Err Control Delays) 16.5 16.5 0.0 0.0 0.0 Err Lane LOS C C A F Approach Delay(s) 13.4 0.0 0.0 Err Approach LOS A F Interne otiopSvmiirary,: Average Delay 2488,1 Intersection Capacity Utilization 47.4% ICU Level of Service A Analysis Period (min) 15 bl]QW&iE552d Ver. p11- croriE:$ Lµfi wa3s000-poz- rr�sawre /Appand c, C ® Carina Kaaea fed. at Off Kefa[E Cad. 2013 PM Peak Background Traffic - Signalized 19: Oil Well R. (CR 858) & Camp Keais Rd. Lane'.:Gro .., -0- f8 - __* ,:fBT,�.fBR `V - WBIL WBT 4k, WBR_ 4� NBL� 1 -.NB:T 1,11` NBR. 1* SBL j SST` 41 SBF Lane Configurations Tj f 6 _ 0 Minimum Initial (s) 0 0 10.0 4 V Ideal Flow(vphpi) 1900 1900 1900 1900 19010 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 0 6 0 0 4 250 Storage Lanes 2 6 0 0 Minimum Initial (s) 0 0 10.0 0 0 10.0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector (ft) 50 50 0.0 48.0 48.0 50 Total Split( %) 50 50 0.0% 18.7% 50 50 50 Trailing Detector (ft) 0 0 42.0 42.0 0 42.0 0 0 4.0 0 0 0 Turning Speed (mph) 15 4.0 9 15 2.0 9 15 2.0 9 15 2.0 9 Lane Util. Factor 0.97 1.00 1.00 1.00 1.00 1.00 1100 1.00 1.00 1.00 1.00 1.00 Fri 0.986 3.0 3.0 3.0 3.0 3.0 3.0 0.850 Fit Protected 01950 None None None Max Max Max Max Max Walk Time (s) 0.976 5.0 8 atd. Flow(prot) 3433 1863 0 0 1837 0 0 1863 0 0 1818 1583 Flt Permitted 0.950 Pedestrian Calls(Whr) 0 0 0 0 0 0 0 0.888 50.6 Satd. Florro(perm) 3433 1883 0 0 1837 0 0 1853 0 0 1854 1583 Right Turn on Red 0.36 0.38 Yes. 0.83 0.25 Yes Yes 0.09 0.53 Yes Said. Flow(RTOR) 13.2 59.1 3 31.7 5.8 Queue Delay 0.0 0.0 0.0 463 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) D 30 E 30 C 30 30 Link Distance (ft) 5103 11570 3972 27253 ^ Travel Time (s) 116.0 253.0 90.3 619.4 Volume (vph) 1079 246 0 0 102 12 0 0 0 24 24 426 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(yph) 1173 256 0 0 111 13 0 0 0 26 26 463 Lane Group Flow(vph)1173 266 0 0 124 0 0 0 0 0 52 463 Turn Type Prot Perm Perm Perm Protected Phases 7 4 8 2 6 Permitted Phases 2 6 6 Detector Phases 7 4 8 2 2 6 6 8 Minimum Initial (s) 10.0 18.0 10.0 10.0 10.0 10.0 10.0 10.0 Minimum Splits) 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split(s) 74.0 102A 0.0 0.0 28.0 0.0 48.0 48.0 0.0 48.0 48.0 48.0 Total Split( %) 49.3%08.0% 0.0% 0.0% 18.7% 0.0% 32.0% 32.0% 0.0% 32.0 %32.0% 32.00A Maximum Green (s) 68.0 96.0 22.0 42.0 42.0 42.0 42.0 42.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadJLag Lead Lag Lead -Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls(Whr) 0 0 0 0 0 0 0 Act Effct Green (s) 50.6 70.5 15.9 44.6 44.8 Actuated g!C Ratio 0.41 0.57 0.13 0.36 0.38 Wo Ratio 0.83 0.25 0.52 0.09 0.53 Control Delay 38.3 13.2 59.1 31.7 5.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 38.3 13.2 59.1 31.7 5.6 LOS D 8 E C A vnrzaos rasa ver. mi- caor+es w> asssmome -msMrs W M • /4:Ppendi� C - carnga [:aaia Rd. at Off �NfslB Rd. 44 2013 PitrE Peak Background Traffic a SignaHzed 19: Oil Well R. (CR 858) & Camp Keats Rd. XlEngkID4971 Silver Stran=02 -000 Business PadASynchro%2013 PM Peak Backoround.sv7 -,* -* b or 4- 1 t %0 t 41 I,ane:Gloup E91- EBT _EBR WBL WBT. WBR NBL NBT NBR- S8L SBT SBR Approach Delay 33.7 59.1 8.2 Approach LOS C E A 90th %Ile Green (s) 66.9 93.5 20.6 42.0 42.0 42.0 42.0 42.0 90th %Ile Term Code Gap Hold Gap MaxR MaxR MaxR MaxR Pdi axR 70th %Ile Green (s) 55.5 77.6 16.1 42.0 42.0 42.0 42.0 42.0 70th %Ile Term Code Gap Hold Gap MaxR MaxR MaxR MaxR MaxR 50th %Ile Green (s) 47.9 67.2 13.3 42.0 42.0 42.0 42.0 42.0 50th %tie Term Code Gap Hold Gap MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 41.9 58.6 10.7 42.0 42.0 42.0 42.0 42.0 30th %Ile Term Lode Gap Hold Gap MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 33.8 49.8 10.0 42.0 42.0 42.0 42.0 42.0 10th %Ile Term Code Gap Hold Min MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 417 99 90 27 0 Queue Length 95th (ft) 547 142 175 72 88 Internal Link Dist (fl) 5023 11490 3892 27173 Turn Bay Length (ft) 250 Base Capacity(vph) 1692 1217 341 509 sag Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced Wo Ratio 0.69 0.22 0.35 0.09 0.53 InteS oni$ummary Area Type: Other Cycle Length: 150 Actuated Cycle Length: 123.3 Natural Cycle: 75 Control Type: Semi Act- Uncoord Maximum vtc Ratio: 0.83 Intersection Signal Delay: 28.9 Intersection LOS: C Intersection Capacity Utilization 52.4% ICU Level of Service A Analysis Period (min) 15 90th %Ile Actuated Cycle: 147.5 70th %Ile Actuated Cycle: 131.6 50th %Ile Actuated Cycle: 121.2 30th %Ile Actuated Cycle: 112.6 10th %ile Actuated Cycle: 103.8 vnrzoos v�szv ver mi- caoses w oeres000aoz -rrrs aoare m• A[apgndu: C m Game [�eafs Rd. at Q[[ WaR Gee". 45 2013 PM Peak Background Plus Project Traffic V17m 1a wr. all -ciw cwa wvss000am -ms ma7a 20A 2013 PM Peak Background Pets Project Traffic 19: Oil Well R. (CR 858) & Camp Keais Rd. X:%Enu%04971 Silver StrandYMQQ000 Business PadA.Svnchrot2013 PM Peak Sadreround clus Pro'rect Soen2sy7 -1 --- »r -,- 4- -1, t Ar �v I f _ -••� -• -- r= .. or tors uuur_ uuBf. WBR NSL NB:T. NSR SBL SBT. SBR Lane Corrfrgurations � � � � � jq Ideal Flow (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 0 0 0 Storage Lanes 2 0 0 0 0 0 0 250 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 1 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 Turning Speed (mph) 16 9 15 9 15 9 0 0 0 Lane Util. Factor 0.97 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 15 1.00 1.00 9 9.00 Frt Flt Protected 0.950 0.988 0.850 Satd. Flow(prot) 3433 1863 0 0 1837 0 0 1883 0 0 0.970 1818 1583 Flt Permitted 0.950 Satd. Flow(perm) 3433 1883 0 0 1837 0 0 1883 0 0 0.889 1658 1583 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 3 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 557 1.00 Link Speed (mph) 30 30 30 .� Link Distance (it) 5103 11570 3972 30 27253 Travel Time (s) 118.0 283.0 90.3 619.4 Volume(vph) 1130 246 0 0 102 12 0 0 0 24 24 512 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 1228 266 0 0 111 13 0 0 0 26 26 557 Lane Group Flow (vph) 1228 286 0 0 124 0 0 0 0 Turn Type Prot Perm 0 Perm 52 557 Perm Protected Phases 7 4 8 2 Permitted Phases 2 8 Detector Phases 7 4 8 2 2 6 B 8 Minimum Initial (s) 10.0 16.0 10.0 10.0 10.0 10.0 6 10.0 8 10.0 Minimum Split(s) 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 74.0 100.0 0.0 0.0 26.0 0.0 50.0 50.0 0.0 50.0 50.0 50.0 Total Split( %) 49.3%03.7% 0.0% 0.0% 17.3% 0.0% 333% 33.3% OA% 33.3%33.3% 33.3% Maximum Green (s) 68.0 94.0 20.0 44.0 44.0 44.0 44.0 44.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead/Lag Lead Lag Lead-Lag Optimize? Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 6.0 5.0 5.0 5.0 Flash Dont Walk(s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( # /hr) 0 0 0 0 0 Act Effct Green (s) 54.4 74.8 16.1 0 0 Actuated 91C Ratio 0.42 0.68 0.12 46.6 46.6 We Ratio 026 0.25 0.53 0.38 0.36 Control Delay 40.1 13.5 82.7 0.09 0.80 Queue Delay 0.0 0.0 0.0 32.9 5.9 Total Delay 40.1 13.6 52.7 0.0 0.0 LOS D B E 32.9 5.9 C q Wrrsm 4 4 v ..611 -o,cWs cVu 0!9359064@ -TTIS 1038 1 8C PSBSo1_ �zI1a 1 taN f , 2013 PH Peak Background Pions Project Traffic 47 19: Oil Well R. (CR 858) & Camp Keais Rd. X:%Eng%04971 Silver Strandi002 -000 Business PaOASvnohro12013 PM Peak Ba ckground olus Proieyct Scent sy7 -or 4,- 4N 1 # A'� # 4, Lane Group EBL EST EBR WBL WBT WBR NBL NOT NBR SBL SBT SBR Approach Delay 35.4 62.7 Approach LOS D E 8 2 90th %ile Green (s) 68.0 94.0 20.0 44.0 44.0 44.0 A 44.0 44.0 90th %ile Term Code Max Hold Max MaxR MaxR MaXR MaxR MaxR 70th %Ile Green (s) 61.2 84.0 16.8 44.0 44.0 44.0 44.0 44.0 70th %Ile Term Code Gap Hold Gap MaxR MaxR MaXR MaxR MaxR 50th %Ile Green (s) 53.2 73.0 13.8 44.0 44.0 44.0 44.0 44.0 50th %ile Term Code Gap Hold Gap MaxR MaxR MaXR MaxR MaxR 30th %Ile Green (s) 45.5 62.5 11.1 44.0 44.0 44.0 44.0 44.0 30th %Ile Term Code Gap Hold Gap MaxR MaxR MRxR MaxR MaxR 10th %ile Greens) 36.8 52.8 10.0 44.0 44.0 44.0 44.0 44.0 10th %ile Term Code Gap Hold Min MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 464 103 g6 Queue Length 95th (ft) 596 147 180 29 0 Internal Link Dist (ft 5023 11490 3892 72 96 Turn Bay Length (ft) 27173 Base Capacity(uph) 1666 1192 304 250 Starvation Cap Reductn 0 0 0 597 927 Spiilback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced vio Ratio 0.74 0.22 0.41 0 0 0 n n Rn Irrtefseotgn =.Summa Area Type: Other Cycle Length: 150 Actuated Cycle Length: 129.3 Natural Cycle: 75 Control Type: Semi Act Uncoord Maximum Wo Ratio: 0.85 Intersection Signal Delay: 29.5 Intersection LOS: C Intersection Capacity Utilization 53.9% ICU Level of Service A Analysis Period (min) 15 90th %Ile Actuated Cycle: 150 70th %ile Actuated Cycle: 140 50th %Ile Actuated Cycle: 129 30th %Ile Actuated Cycle: 118.8 10th %ile Actuated Cycle: 108.8 vnrmm 1l 4 V r.. 411 -cao S cwa aaswo-ooz- rtisaoa�e H Y 6 E E d CL E m v x C m CL Q Q 0 C 0 U Jle a m 0 U m E 0 S E f d O °o m n m O C V m 0 0 a LL pO N W a 6 8C H c SR j N m C C WN F N m � 6 N � F r O e m O 75 > d s k S 8C Appsndix D- Cann p K%sais lid, at Rd� 49 2006 AM Peak Existing Conditions arsuzoos,eswe wr. a,i- c.rorgs 49 D— Camp KmJs Rd,. at �nirhicksbGs Rd. 50 2006 AM Peak Existing Conditions 20: Camp Keais Rd. & Immokalee Rd. (CR 84e) X:1EnMD4971 Silver Strand'002.000 Business PadASvnchrot2006 AM Peakse7 1r 'I- $ /&, Iv, 1 Movement WB,L - WBR NBT NSIR SBL SBT Lane Configurations 0 0 { 0 Volume Right 100 Sign Control Stop 0 Free cSH 809 Free Grade 0% 1700 0% 0.13 0.11 0% Volume (vehlh) 2 92 174 1 255 101 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly Row rate (vph) 2 100 189 1 277 175 Pedestrians 0.0 5.1 Approach LOS B Lane Width (ft) Walking Speed (Ws) Percent Blockage Right turn flare (Veh) - Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 918 189 190 VC1, stage 1 oonf Vol vC2, stage 2 conf Vol vCu, unblocked Vol 918 189 190 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 99 Be 80 cM capacity(vehlh) 241 853 1384 Volume Total 102 189 1 271 175 Volume Left 2 0 0 277 0 Volume Right 100 0 1 0 0 cSH 809 1700 1700 1384 1700 Volume to Capacity 0.13 0.11 0.00 0.20 0.10 Queue Length 95th (ft) 11 0 0 19 0 Control Delay(s) 10.1 0.0 0.0 8.3 0.0 Lane LOS B A Approach Delay(s) 10.1 0.0 5.1 Approach LOS B Average Delay 4.6 Intersection Capacity Utilization 39.1% Analysis Period (min) 15 ICU Level of Service A uaoreoasraev1e ver. ori- cruxes wsi�amamnas -aeon 50 8C 2 013 AM Peak Background i2i200&1BB01! V -011 -G ES CVq 049/,-002 -0OD TTAb MI 51 2013 AM Peak Background - Un-alg nE,[Jzec: 26 :Immokalee_Road (CR 846)& Immokalee Rd. (CR 846) 52 am• uN1200& 188BO8 Wr 011 -=NES " am� rrns. zeozr 52 -& N a t ? llx A 1,4 co. ernerlt E81- --- E B T EBR 0'91- 0'91- O'BT NFL 148T 148 F: SBL SST SBF: Lane Configurations j:, Sign Control Stop Stop Free Free Grade 0% 096 0% 0� Volume (veh1h) 120 10 7 123 12 102 19 317 37 79 794 119 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 130 11 8 134 13 111 21 346 40 85 863 129 Pedestrians Lane Width (ft) Waking Speed (ft) Percent Blockage Right turn flare (veh) Median type Hone None Median storage well) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1430 1.526 496 1022 1570 192 992 385 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 1430 1526 496 1022 1570 192 992 385 tC, single (s) 7.5 6.5 6.9 7.5 6.5 6.9 4.1 4.1 X. 2 stage (s) tF (s) 3.5 4.0 :3.3 3Z 4.0 32 2.2 2.2 PO queue free % 0 90 99 16 87 86 97 03 OM capacity (vehlh) 68 105 519 159 99 817 693 1170 Direction. Lane # EB 1 1u18 1 NB 1 NB 2 NB 3 SB 1 S82 S8:< volume Total 149 268 21 230 156 86 575 417 Volume Left 130 134 21 0 0 Be 0 0 Volume Right 8 111 0 0 40 0 0 129 eSH 73 233 693 1700 1700 1170 1700 1700 Volume to Capacity 2.03 1.11 0.03 0.14 0.09 0.07 0 -34 0.25 Queue Length 95th (ft) 339 288 2 0 0 6 0 Control Delay(s) 600.7 135.6 10.4 0.0 0.0 8.3 0.0 0 0.0 Lane LOS F F 8 q, Approach Delay (s) 600.7 135.6 0.6 0.7 Approach LOS F F Intersection Summan, Average Delay - -- -66.3 ------ - - - - -- -- - Intersection Capacity Utilization 52.1% ICU Level of Service A Analysis Period (min) 15 uN1200& 188BO8 Wr 011 -=NES " am� rrns. zeozr 52 8 C 4 fj A, O)PGI'iV1111)._ D _ CPIr 1p �49Cs nci . &,4, Rd. 53 2013 AM Peak Background - Mgna9ized 25: Immokaiee Road (CR 846) & immokalee Rd. (CR 848) ?BL EST EBR in18L WBT IPf6R NEIL NS I _ IdBF S&L LEI c:EF. Ideal Fiow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1960 1900 1900 1900 1900 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Deteofor(ft) 50 50 50 50 50 50 50 50 Trailing Detector(it) 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 0 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 9 0.95 15 1.00 0.95 9 0.95 Frt 0.993 0.942 0.984 0.980 Flt Protected 0.958 0.975 0.050 0.950 Said. Flow (prat) 0 1772 0 0 1711 0 1770 3483 0 1770 3488 0 Flt Permitted 0.037 0.785 0.195 0.523 Said. Flow (perm) 0 1178 0 0 1377 0 353 3483 0 974 348S 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) f; 76 28 37 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 Link Distance (ft) 18615 5670 27253 30 7319 Travel Time (s) 377.8 128.9 519.4 185.3 Volume(vph) 120 10 7 123 12 102 19 317 37 79 794 119 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 130 11 8 134 13 111 21 345 40 88 853 129 Lane Group Flow(vph) 0 149 G 0 258 0 21 385 0 85 992 0 Turn Type Perm Perm Perm Perm Protected Phases 4 g Permitted Phases 4 8 2 2 5 Detector Phases 4 4 8 8 2 2 e Minimum Initial (s) 4.0 4.0 4.0 4.0 4.0 4.0 5 4.0 8 4.0 Minimum Sptit(s) 22.0 22.0 220 22.0 22.0 22.0 22.0 22.0 Total Split(s) 28.0 28.0 0.0 28.0 28.0 0.0 32.0 32.0 0.0 32.0 32.0 0.0 Total Split( %) 48.7% 48.7% 0.0 %48.7% 40.7% OA% 53.3%53.3% 0.0% 53.3 %53.3% 0.0% Maximum Green (s) 22.0 22.0 22.0 22.0 28.0 26.0 28.0 25.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadfLag Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3,0 3.0 3.0 3.0 :3.0 Recall Mode None None None None Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls(Whr) 0 0 0 0 0 0 Act Effct Green (s) 14.4 14.4 30.3 30.3 0 30.3 0 30.3 Actuated g7C Ratio 027 0.27 0.57 0.57 0.57 0.57 vto Ratio 0.48 0.80 0.10 0.19 0.15 0.49 Control Delay 18.6 15.8 8.9 52 7.9 8.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 18.8 15.6 8.9 5.2 7.9 3.5 LOS B B A A A A Approach Delay 18.8 10.5 8.4 8.4 .Approach LOS B ® A A U2rI1W61eBB,e Ver. p,l- GJG�£$ CrY18 G.a goo rae , 53 cal i s p !,�sais -d, 6 �L [ro'nokabga Rd� 54 8 tI 2013 AID Peak Background - Signalized 26: Immokalee Road (CR 846)& Immokalee Rd. (CR 846) X:lE0e104971 Silver 9$(4041002 -000 Businoes Padi1G h 49ri r a ana Peak B4droroe + % Lane Group EBL EB I EBF: UUBL 'UUBT OBR 146L tl6T N6R SBL 88i SBF. 90th %Ile Green (s) 20.0 20.0 20.0 20.0 26.0 26.0 26.0 26.0 90th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 70th %ile Green (s) '15.2 15.2 15.2 15.2 26.0 26.0 25.0 26.0 70th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 50th %Ile Green (s) 12.0 12.0 12.0 12.0 26.0 26.0 26.0 26.0 50th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 30th %ile Green (s) 9.2 9.2 9.2 9.2 26.0 26.0 26.0 26.0 30th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 10th %Ile Green (s) 6.0 6.0 6.0 6.0 :37.5 37.5 37.5 37.5 10th %Ile Term Code Hold Hold Hold Hold Dwell Dwell Dwell Dwell Queue Length 50th (ft) 34 44 2 23 10 Queue Length 95th (ft) 73 98 15 56 77 Internal Link Dist (ft) 16535 5590 27173 38 167 7239 Turn Bay Length (ft) Base Capac4 (vph) 460 579 208 2014 560 2009 Starvation Cap Reduotn 0 0 0 0 Spilibad< Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 Reduced vic Ratio 0.32 0.45 0.10 0 0.19 0 0.15 0 0.49 '. ntersection Summary Area Type: Other Cycle Length: 60 Actuated Cycle Length: 52.8 Natural Cycle: 45 Control Type: Semi Act- Uncoord Maximum Wo Ratio: 0.50 Intersection Signal Delay: 9A Intersection LOS: A Intersection Capacity Utilization 52.1% ICU Level of Service A Analysis Period (min) 15 90th %Ile Actuated Cycle: 58 70th %Ile Actuated Cycle: 53.2 50th %Ile Actuated Cycle: 50 30th %ile Actuated Cycle: 47.2 10th %Ile Actuated Cycle: 55.5 6I ffl0 i6 a Ve.. 01 F Gioms Mr OW]tA02-000.1TA9 -2BW1 LOS Appendix 0 — Caimp Kenos Ind. at llmmokaa qe Rd. 55 3013 Ali Peak Background Plus Project Traffic fIW1006108016 Ver Oil.R S 55 dWt-002 -0Ob TTA8 -3BU31 T 56 2013 A,M Peak Background Mus Project Traffic 28: Immokalee Road (CR 846)& Immokalee Rd. (CR 13-16) X1EOe104971 Silver StrandyJ02.OQO Business PadASvnohroi2013 JRM Peak Baokoround olr.s Proieci Scent syT 0ILIIID0616BB10 Vx.011- GJGNES c^ AV 56 01811-002 -006iTA6 -3B�21 Ce _ ❑rn. VUbL. nUNI 01,6E N9T IIPR ' >8L SB7 9EF: Lane Configurations o ,{,; _tiEL �rS '( ,m - IdealFlow(vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost Time (s) 4.0 4A 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane UHL Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 0.95 1.00 0.95 0.95 Frt 0.994 0.932 0.989 0.980 Fit Protected 0.957 0.978 0.950 0.950 Said. Flow(prot) 0 1772 0 0 1698 0 1770 3500 0 1770 3468 0 Flt Permitted 0.569 0.794 0.167 0.409 Said. Flow(perm) 0 1054 0 0 1378 0 311 3500 0 782 3468 0 Right Turn on Red Yes Yes Yes Yes Said. Flow(RTOR) 4 100 18 39 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 15615 5670 27253 7319 Travel Time (s) 377.E 128.9 619.4 10163 Volume (vph) 158 10 7 123 12 135 19 475 37 91 850 133 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 172 11 8 134 13 147 21 518 40 99 924 145 Lane Group Flovo(vph) 0 191 0 0 294 0 21 556 0 99 1069 0 Turn Type Perm Perm Perm Perm Protected Phases 4 8 2 8 Permitted Phases 4 8 2 6 Minimum Spfit(s) 22.0 22.0 22.0 22.0 22.0 22 -0 22.0 22.0 Total Split(s) 28.0 28.0 0.0 28.0 28.0 0.0 32.0 32.0 0.0 32.0 32.0 0.0 Total Split( %) 46.7% 46.70A 0.0%46.7% 48.7% 0.0% 53.3% 53.3% 0.0% 53.3%53.3% 0.0% Maximum Green (s) 22.0 22.0 22.0 22.0 26.0 28.0 26.0 26.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadFLag Lead -Lag Optimize? Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5A Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #!hr) 0 0 0 0 0 0 Act Effet Green (s) 24.0 24.0 28.0 28.0 0 28.0 0 28.0 Actuated 9X Ratio 0.40 0.40 0.47 0.47 0.47 0.47 Wo Ratio 0.46 0.48 0.14 0.34 0.28 0.65 Control Delay 17.2 11.7 12 10.5 12 14.1 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.2 11.7 12.3 10.5 12.5 14.1 LOS B B B B B B Approach Delay 17.2 117 10.6 14A Approach LOS B B B B Queue Length 50th (ft) 48 47 4 60 21 140 Queue Length 95th (ft) 99 107 17 91 50 199 Internal Link Dist (ft) 16535 5590 271733 7239 Turn Bay Length (ft) Base Capacity(vph) 424 611 146 1643 356 1639 _ Starvation Cap Reduatr. 0 O 0 0 0 0 0ILIIID0616BB10 Vx.011- GJGNES c^ AV 56 01811-002 -006iTA6 -3B�21 [atDarb,: ,k D m Cal -lTj uCC4,S ]a LjC`s� Rd. 57 2013 AM Peak Background Plus Prc�ect Traffic 20: Immokalee Road (CR 846) & lmmokalee Rd. (CR 898) , N f- k .�, B - Lane GiouG EBL EBT EBR 'W81- 'W9T WEIR N8L NBT NBR c,BL S8T SBR Spillbad( Cap Reductn 0 0 Storage Cap Reductn 0 0 0 0 0 0 Reduced-via Ratio 0.45 0.48 0 0.14 0 0.34 0 0.26 0 0.65 mm Area Type: Other Cycle Length: 60 Actuated Cycle Length: 60 Offset: 0 (0%), Referenced to phase 2:NBTL and B:SBTL. Start of Green Natural Cycle: 45 Control Type: Pretimed Maximum We Ratio: 0.65 Intersection Signal Delay: 13.8 Intersection LOS: B Intersection Capacity Utilization 68.595 ICU Level of Service C AnaWs Period (min) 15 dMIN68- 168818 Wr.611- GJONfB caaa oaerUOOxnou.rna . zeort 57 M c Y Y C I u v c _ N u c j c V �L Y eY n 4 o n n 2 r E Z -Z Z UAfn wl..w sae > E`o �?E o a a> - N � C � L CI n ' N LL u d 2 F C C- p I IiINM''.FSC—MMI! z/»rznos -iusn va:mo-woruEs cuw oasas.00u.aoz nis aaa�a 2006 PW, Peak Existing Conditions �2a42 ia3 11 =98C I:�)IUL'i(71� }:D ars 8C Fs:Vni ht, 2006 PY Peak E)dstaetg Conditions 20: Camp Keats Rd. & Immokalee Rd. (CR 848) X:4E09YM71 Pa yn2hfot2008 PM Peak Ma ioloeerr,eM 06L tn16k N5 IIBR 361 56T Lane Configurations -- Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 7 242 337 7 91 192 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourlyflow fate(vph) 8 263 360 8 99 209 Pedestrians Lane Width (ft) Walking Speed (f Vs) Percent Blockage Right turn flare (veh) Median type Hone Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 773 360 374 VC1, stage 1 conf Vol vC2, stage 2 conf vol vCu, unblocked Vol 773 388 374 tC, single (s) 6.4 62 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free 95 98 81 92 OM capacity(vehih) 337 679 1186 Direction, Lane # WB 1 NB 1 Na 2 sB 1 SB 2 Volume Total 271 366 8 99 209 Volume Left 8 0 0 g9 0 Volume Right 263 0 8 0 0 cSH 880 1700 1700 1186 1700 Volume to Capacity 0.41 0.22 0.00 0.08 0.12 Queue Length 96th (ft) 60 0 0 7 0 Control Delays) 14.2 0.0 0.0 3.3 0.0 Lane LOS B A Approach Delay(s) 14.2 0.0 2.7 Approach LOS B lute rse4w, 5urn.7.4ry Average Delay 4.9 - -- Intersection Capacity Utilization 48.1% ICU Level of Service A Analysis Period (min) 16 Z 72 1M26 V ..011 -G oWa uwa wsas.aooana ms 3IX17e Appandiat 0 e Camp Feels Rd. at Mmokaiee Rd. 61 " it 2 013 PRO Peak Background Traffic aau.uoo-ooa ms aos�e ',Wevb`-)JL 0- Kaaus Ad. at L-�®;, 2 013 PM Psak Background traffic - dun- naHxed 62 8 28: Immokalee Road (CR 846)& immokalee Rd. (CR 846) X:1Ena ��71 Silver %ranydt002 -000 ®usinese ParklSvnchroL013 PA1 Peals Ba�ckurnLl-+ ag i„i c;u err, er,t EEL EBT EBR rniBL q'BT rurER IJBL N81 NBR :E:6L Lane Configurations 16 p n Sign Control Stop top Free Free Grade 096 046 096 095 Valurne (veWh) 197 16 11 128 12 106 64 1080 127 54 545 82 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly fl ow rate (vph) 214 17 12 139 13 115 70 1174 138 59 592 89 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) p)C, platoon unblocked vC, conflicting volume 1602 2205 341 1816 2181 656 682 1312 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 1602 2205 341 1816 2181 656 682 1312 tC, single (s) 7.5 5.5 6.9 7.5 6.5 6.9 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free 46 0 62 98 D 65 72 92 eM ca p a city (ve h1h) 32 36 655 26 37 408 907 89 523 Direction, Lar,e m ED 1 UUB 1 NB 1 NB 2 NB 3 SB 1 SB 2 :3a 3 Volume Total 243 267 70 783 529 59 395 287 Volume Left 214 139 70 0 0 59 0 0 Volume Right 12 115 0 0 138 0 0 89 cSH 34 46 907 1700 1700 523 1700 1700 Volume to Capacity 7.17 6.00 0.08 0.45 0.31 0.11 0.23 0.17 Queue Length 96th (ft) Err Err 6 0 0 9 0 Control Delay (s} Err Err 9.3 0.0 0.0 12.7 0.0 0 0o Lane LOS F F A B Approaoh Delay(s) Err Err 0.5 1.0 Approach LOS F F Intersection Summar, Average Delay - - -- 1940.9 -- -- - Intersection Capacity Utilization 66.345 ICU Level of Service C Analysis Period (min) 15 vn�moe -lmsza vec ol,- c.roHEs cw3 01935-0060UL Tfl&30378 8C -'1[`'p'snnib% D m C &l"r p i`egs!rs IR61. siU lJP6`Vlr' uka�las Ad . 63 2013 PIR Peak Background Traffic o MgnaBized 26: Immokaiee Road (CR 846) & Immokalee Rd. (CR 840) X:tEne104971 Silver Strand+D02 -000 BCrsi ness Pa avnchra013 PItA Peak Baakaro and sv7 _ane Gr,ur EEL EET ESfi 'WEL 'WBT IfuER. IIBL NOT L'EF. DEL SEi LEFT Lane Configurations Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1000 1900 1900 1900 1900 1900 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 0.95 1.00 0.95 9 0.95 FU 0.993 0.942 0984 0.980 Fit Protected 0.958 0.975 0.950 0.950 Satd. Flow(prot) 0 1772 0 0 1711 0 1770 3483 0 1770 3468 0 Fit Permitted 0.592 0.708 0.352 0.129 Satd. Flow (perm) 0 1095 0 0 1348 0 656 3483 0 240 3468 0 Right Turn on Red Yes Yes Yes Yes Satd. Flovu (RTOR) 5 52 31 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 41 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 16615 5070 27253 7319 Travel Time (s) 377.5 128.9 619.4 1652 Volume(uph) 197 10 11 128 12 105 64 1080 127 54 545 82 Peak Hour Facicr 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 214 17 12 139 13 115 70 1174 138 59 592 99 Lane Group Flow(vph) 0 243 0 0 267 0 70 1312 0 59 081 0 Turn Type Perm Perm Perm Perm Protected Phases 4 g 2 Permitted Phases 4 8 2 5 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 22.0 6 22.0 22.0 Total Splits) 25.0 25,0 0.0 25.0 25.0 OA 35.0 35.0 0.0 35.0 35.0 0.0 Total Split( %) 417% 41.7% 0.0 %41.7% 41.7% 0.0% 58.3% 58.3% QA% 58.3 %58.3% 0.0% Maximum Greens) 19.0 19.0 19.0 19.0 29.0 29.0 29.0 29.0 Yellow Time (s) 4.0 4.0 4.0 4p 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead -Lag Optimize? Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dent Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #Fhi) 0 0 0 Q 0 0 Act Effet Green (s) 21.0 21.0 31.0 31.0 0 31.0 0 31.0 Actuated g1C Ratio 035 0.35 0.52 0.52 0.52 0.52 We Ratio 0.63 0.53 0.21 0.72 0.48 0.38 Control Delay 24.8 16.9 9.9 13.8 26.1 8.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 24.8 18.9 9.9 13.8 26.1 8.9 LOS C B A B C A Approach Delay 24.8 16.9 13.6 10.2 Approach LOS C Queue Length 50th (it) 70 59 13 172 13 Queue Length 95th (1t) 0!149 123 34 242 #82 55 98 Internal Link Dist (ft) 16535 5590 27173 7239 Turn Bay Length (ft) Base Capacity(vph) 387 505 339 1815 124 1812 Starvation Cap Reduotn 0 0 0 0 0 0 WilsariMiller. Ina. vnrzoos.�ass� ve.ai- caowes cmu ooexs000-ooz -ms aoa7s CL4,t TVlu; Kea-is Rd. al: �hbv T ok&rl3'rd : rQ`'. ' 2013 PH Fame Background s rEffic - S°Ignafeaed 20: Immokaiee Road (CR 848) & Immokalee Rd. (CR 845) i> -ane �nrovp EEL EDT EER WEL '0B W19F, - --- NBL I*T ItER 3BL �'BT :::EF: Spillbad<Cap Reductn p 0 0 - Storage Cap Reduotn 0 0 0 0 0 Reduced %do Ratio 0.83 0.53 0 021 0 0.72 0 0.48 0 0.38 ntersectior SuMM.2ru Area Type: Other Cycle Length: 60 Actuated Cycle Length: BO Offset: 0 (0%), Referenced to phase 2:NBTL and B:SBTL. Start of Green Natural Cycle: 50 Control Type: Pretimed Maximum vto Ratio: 0.72 Intersection Signal Delay: 14.0 intersection LOS: 8 Intersection Capacity Utilization 70.3°% ICU Level of Service D Analysis Period (min) 15 it 85th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum aftertmo cycles. M72 &1e ver.Uil- G,pNES oamsaoo -ooz- Iris 3m78 1 8C Appendix ® - Carbip Keats Rd. at Gmrnokabee Rd� 65 2013 PIN Peak Background Plus Project Traffic a sY m m m E E WFE r00 Immokalee Road (CR 846) 235 16--� 11 n��rmos teeszo ver.ai- caowos wo oinu.000-wz- nisawra 138 V12 128 Immokalee Road Ext �T mMN Nr I 2013 P@A Peak Background Plus PFOject Traffic 26: Immokalee Road (CR 846)& Immokalee Rd. (CR 846) 18C 66 _sne �11o1jp Lt !L LET EalF 'J,16L A(EtT 'ut'EP NEL NET NB -r' 'o'EL -'8T ; ^G Lane Configurations ,Zj5 4 1 ft V % Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1g00 1900 lg00 1900 1900 1900 1900 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 0.95 1.00 0.95 9 0.95 Frt 0.994 0.933 0.986 0.977 Flt Protected 0.957 0,978 0 ,950 0.950 Satd. Flow(prot) 0 1772 0 0 1700 0 1770 3490 0 1770 3458 0 Fit Permitted 0.548 0$10 0.216 0.118 Satd. Flow (perm) 0 1015 0 0 1408 0 402 3490 0 220 3468 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 4 45 30 57 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,a 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 16615 5670 27253 7319 Travel Time (s) 377.6 128.9 619.4 1663 Volume(vph) 235 16 11 128 12 138 64 1237 127 109 810 146 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 255 17 12 139 13 150 70 1346 138 11e 880 159 Lane Group Flow(eph) 0 284 0 0 302 0 70 1483 0 118 1039 0 Turn Type Perm Perm Perm Perm Protected Phases 4 8 2 Permitted Phases 4 8 2 R Minimum Splits) 22.0 22.0 22.0 22.0 22.0 22.0 6 22A 22.0 Total Split(s) 22.0 22.0 0.0 22.0 22.0 0.0 38.0 38.0 0.0 38.0 38.0 0.0 Total Split( %) 36.7% 36.7% 0.0%36.7% 36.7% 0.0% 03.3% 63.3% 0.0% 63.3 %63.3% 0.0% Maximum Green (s) 16.0 16.0 16.0 16.0 32.0 32.0 32.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2,0 2.0 Lead /Lag Lead -Lag Optimize? Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dent Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #!hr) 0 0 0 0 0 0 Act Effot Green (s) 18.0 18.0 34.0 34.0 0 34.0 0 34.0 Actuated g1C Ratio 0.30 0.30 0.57 0.57 0.57 0.57 vie Ratio 0.93 0.67 0.31 0.74 0.94 0.52 Control Delay 60.4 24.3 11.4 12.5 89.8 87 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 00.4 24.3 11.4 12.5 89.8 8.7 LOS E C a B F A Approach Delay 60.4 24.3 12.4 17.0 Approach LOS E C B Queue Length 50th (ft) 97 80 12 183 35 B 101 Queue Length 95th (ft) #233 #177 37 260 #88 144 Internal Link Dist (fl) 16535 5590 27173 7239 Turn Bay Length (ft) Base Capacity(vph) 307 454 228 1991 125 1984 Starvation Cap Reduotn 0 0 0 0 0 0 0!@2006155524 V x..011- GJONE3 c1Ma 04835-0O0A02- Tf1630218 ed. a� hMr,,1106- rbd &% V 2013 PH Peak Background Pats Project Traffic 26 :lmmokaiee Road (CR 846) & Immokalee Rd. (CR 846) nterseot,on Summanj Area Type: Other Cycle Length: 60 Actuated Cycle Length: 60 Offset 0 (D %J Referenced to phase 2:NBTL and B:SBTL, Start of Green Natural Cycle: 55 Control Type: Pretimed Maximum vtc Ratio: 0.94 Intersection Signal Delay: 19.2 Intersection LOS: B Intersection Capacity Utilization 87.40k ICU Level of Service E Analysis Period (min) 15 # 95th percentile volume exceeds capacity. queue may be longer. Queue shown is maximum after halo cycles. Y/f]20061�524 Ve�Of l- GJOPE9 uen 06895 -0pF0 Wi TrIS 3p3]B Lane Group EBL EBT EBR MGL 'uUe i UUBR NBL NBT 14BR BBL 5BT SBF: Sprllback Cap Reductn 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced vtc Ratio 0.93 0.87 0 0.31 0 0.74 0 0.94 0 0.52 nterseot,on Summanj Area Type: Other Cycle Length: 60 Actuated Cycle Length: 60 Offset 0 (D %J Referenced to phase 2:NBTL and B:SBTL, Start of Green Natural Cycle: 55 Control Type: Pretimed Maximum vtc Ratio: 0.94 Intersection Signal Delay: 19.2 Intersection LOS: B Intersection Capacity Utilization 87.40k ICU Level of Service E Analysis Period (min) 15 # 95th percentile volume exceeds capacity. queue may be longer. Queue shown is maximum after halo cycles. Y/f]20061�524 Ve�Of l- GJOPE9 uen 06895 -0pF0 Wi TrIS 3p3]B 0 A i N cc co PJLm e cc co �a 0. u, x w 9L U c E E E t'- 0 m °o a a U o - - R (psi a s 6 N w 4 m LOOF 8 � a e APiaand7 m E ®Flust St. S. (CR 846) at Blain St. (SR 20) 2006 AM Peak Existing Conditions i "`-69 v N v r <-166 Main St. (SR 29) �-A/ Main St. 50� )r C 319 � N r 204 m DA NLVd10&,BBB% V.I. 0,1- QIDNEs W %x-0%-006 TlR &]HU21 69 M• /kWsrtc;J6x iE ® Ruin)? St. S. (CR $46) sit V&In St. (SIB.29) 70 20066 AM Peak ExIsUng Coo1¢iotlons 15: Main St. (SR 29)& 1si, St. North X:tEna104971 Silver Stran @d'A02 -000 &&W PadASyggb ®12006 M Peak {7 _ane vrooF, teL tBi EEf: kfV6L 0B 'JUBR I:BL kBT IJ BF' =6L S6l SBF Lane Configurations Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (H) 140 120 122 300 154 80 180 0 Storage Lanes 1 1 1 1 1 Total Lost Time (e) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 1 4.0 1 4.0 4.0 0 4.0 Leading Deteetor(ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 15 1.00 1.00 9 1.00 Fri 0.850 0.850 0.850 0.974 Flt Protected 0.950 0.950 OA60 0.950 Satd. Flow(prot) 1770 3539 1583 1770 3539 1583 1770 1863 1583 1770 1814 0 Fit Permitted 0.638 0.521 0.437 0.509 Satd, Flow(perm) 1188 3539 1583 970 3539 1583 814 1853 1533 948 1814 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 222 75 120 18 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 Link Distance (ft) 4210 7499 3991 30 2720 Travel Time (s) 95.7 170.4 90.7 61.8 Volume(vph) 50 312 204 88 166 69 111 231 110 47 223 48 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0A2 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 54 347 222 96 180 75 121 251 120 51 247 52 Lane Group Flow(vph) 54 347 222 96 180 75 121 251 120 51 299 0 Turn Type pm+pt Perm pm +pt Perm Perm Perm Perm Protected Phases 7 4 3 8 2 Permitted Phases 4 4 8 8 2 2 6 Detector Phases 7 4 4 3 8 8 2 2 6 Minimum Initial (s) 10.0 16.0 16.0 10.0 16,0 15.0 10.0 10.0 2 10.0 6 10.0 6 10.0 Minimum Split(s) 16.0 22.0 22.0 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 16.0 22.0 22.0 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 0.0 Total Split(%) 26.7 %35.7 %36.7 %26.7 %36.7 %36.7 %36.7 %36.7 %36.7 %35.7 %36.7% Maximum Green (s) 'Yellow 10.0 16.0 16.0 10.0 16.0 16.0 16.0 16.0 16.0 16.0 16.0 0.0% Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadfLag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode ''Valk None None None None None None Max Max Max Max Max Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #!hr) 0 0 0 0 0 0 0 Act Effct Green (s) 27.7 18.3 18.3 28.4 21.3 21.3 18.3 18.3 18.3 0 18.3 0 18.3 Actuated g1C Ratio 0.44 0.32 0.32 0.47 038 0.38 0.32 0.32 0.32 0.32 0.32 vto Ratio 0.09 0.30 0.34 0.16 0.14 0.12 0.45 0.42 0.20 0.17 0.50 Control Delay 0.9 15.7 4.5 6.8 14.4 5.2 24.5 19.3 4.9 17.4 19.8 Queue Delay 0.0 0.0 0.0 0.0 OA 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay "'. 6.9 167 4.5 6.8 14.4 5.2 24.5 19? 4.9 17.4 19.6 LOS A 0 A A a A C e A 8 e lQaIDaO- 10886] Vet: 011- GJONES tWi awr- aoz000-nnszeo2� 70 8C IE - First SL & (CR, 3461) at Maill St, (�§R 2�) 71 2006 AM Peak Existing Conditions 16: Main St. (SR 29)& ist, St. North n, 9ngW4971 qiIvjr Lane Group EBL EST EBR R;BL VVBT tW8 R WBL NDT NBR S8L SBT S8F, Approach Delay 10.3 171 19.3 Approach LOS 8 8 90th %ile Green (s) q0-0 16.0 1 t3.0 loz 15.0 16.0 16.0 16.0 1pj,o 16 B 16,0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaXR -0 MaxR MaxR 70th %Ile Green (s) 10 0 15.0 16.0 10.0 18,0 16.0 16.0 16.0 13.0 16.0 16.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaXR MaXR M axR MaxR 50th %Ile Green (s) 10.0 16.0 113.0 10.0 10.0 16.0 16.0 18.0 18.0 16.0 16.0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaXR MaxR M&xR MaxR 30th %Ile Green (s) 0.0 160 16,0 10D 32.0 32.0 10.0 15.0 jo.o le.0 1&0 30th %Ile Term Code Skip Max Max Max Hold Hold MaxR MaxR MaxR M axR MaxR 1 Oth %ile Green (s) 0.0 q60 15.0 0�0 16.0 16,0 16.0 qP3.0 Ifin 16.0 16.0 10th %Ile Term Code Skip Max Max Skip Hold Hold MaxR MaxR MaxR M axR MaXR Q u e u e Le n gth 50th (fl) a 50 0 14 24 0 38 73 0 14 83 Queue Length 06th (tk) 20 81 41 31 45 24 83 130 31 37 160 Internal Link DIA(ft) 4130 7419 3911 2540 Turn Bay Length (ft) 140 120 192 300 164 so 180 Base Capacity (vph) 633 1139 WO FJ 10 1328 641 262 500 591 305 696 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Redu�tn 0 0 0 0 0 0 0 0 0 a 0 Storage Cap Reduam 0 0 0 0 0 0 0 0 0 a 0 0 Reduced vic Ratio 0.09 0.30 0.34 0.10 0,14 0.12 0.40 0.42 0.20 0 0.17 0 0-50 interseclion Summar�, Area Type: Other Cycle Length: 60 Actuated Cycle Length: 56,8 Natural Cycle: 80 Control Type: Semi Ack-Urroaard Maximum Wo Ratio: 0.60 Intersection Signal Delay: 14,3 Intersection LOS: 9 Intersection Capacity Utilization 68.2% ICU Level of Service 8 Analysis Period (min) 15 90th %Ile Actuated Cycle: 00 70th %ile Actuated Cycle: 80 50th %Ile Actuated Cycle: 00 30th %ile Actuated Cycle: 60 IM %Ile Actuated Cycle: 44 71 Appendix; E ® First St, S. (CR $46) at Muir St. (SR 29) 2013 AM Peak Background A_- it 0 Z Ct "-104 C4 N r X249 X132 Main St. (SR 29) U& / Main St. 522 82-� SIT CO 334 00 CO 0 0 4j y r • �252At6188i4! V<Otl- GJONES CMo wmf- ooznoanW -zemf 72 72 � 1 ®FUa��Fa: e lac a Su. S, PR 848) sit HeIa St. (SIR 29) � 8 (r 2013 AM Peek Background 15: Main St. (SR 29) & 1st. St. North X:LEnoV04971 Silver Strand+062.000 Be1�:n.« o..uc...ro1201� ®M Peak Back e - -- - Lane ConNgurations T, - +^', ton uu e! R !11 i p uUHH NeL HBT NbF, -P- LL ; BT SEIFI )' B Ideal Flow (vpfipl) 49oo 1900 1900 1900 1900 1900 1900 190D 1900 1900 1900 1900 Storage Length (ft) 140 120 192 300 154 8o 180 Storage Lanes 1 1 1 1 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 1 4.0 1 4.0 4.0 0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 0 D Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 4.00 9 1.00 15 1A0 1.00 9 1.00 Frt Flt Protected 0.950 0.850 0.950 0.850 0.850 0-974 Satd. Flow(prot) 1770 3539 1583 1770 3539 1583 0.950 1770 1863 1583 0.950 1770 1814 0 Fit Permitted 0.555 0.280 0.472 0.382 Satd. Flow(perm) 1034 3539 1583 484 3539 1583 879 1863 1583 712 1814 0 Right Turn on Red Yes Yes Yes Satd. Flow(RTOR) 363 113 172 Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 18 1.00 1.00 Link Speed (mph) 30 30 30 Link Distance (ft) 4210 7499 3988 30 2655 Travel Time 95.7 170.4 90.1 50.3 Volume(vph) 82 522 334 132 249 104 185 384 183 51 248 52 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 D 92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 89 567 363 143 271 113 201 417 199 55 270 57 Lane Group Flow(vph) 89 567 353 143 271 113 201 417 199 55 327 0 Turn Type pm +pt Perm pm +pt Penn Perm Perm Perm Protected Phases 7 4 3 8 2 Permitted Phases 4 4 8 8 2 2 6 Detector Phases 7 4 4 3 8 8 2 2 2 8 Minimum Initials) 10.0 16.0 16.0 10.0 15.0 16.0 10.0 10.0 10.0 6 10.0 B 10.0 Minimum Split(s) 16.0 22.0 22.0 15.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split(s) 18.0 22.0 22.0 16.0 22.0 22.0 37.0 37A 37.0 37.0 37.0 0.0 Total Split( %) 21.3 %29.3%29.3 %21.3 %29.3%29.3 %49.3 %49.3 %49.3 %49.3 %49.3% Maximum Green (s) 10.0 18.0 16.0 10.0 16.0 18.0 31.0 31.0 31.0 31.0 31.0 0.0% Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3A 3.0 3.0 3.0 Recall Mode None None None None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5A 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11A Pedestrian Calls( #(hr) 0 0 0 0 0 0 0 Act Effct Green (s) 27.6 18.2 18.2 27.6 182 18.2 33.3 33.3 33.3 0 33.3 0 33.3 Actuated g/C Ratio 0.37 0.25 0.25 0.37 025 0.25 0.46 0.45 0.45 0.46 0.40 We Ratio 0.18 0.63 0.54 0.37 0.30 0.23 0.49 0.48 0.24 0.17 0.38 Control Delay 13.1 28.6 8.4 16.0 24.0 5.6 20.2 16.9 4.1 14.5 14.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 13.1 23? 5.4 18.0 24.0 6.6 20.2 16.9 4.1 14.5 14.6 LOS 8 C A B C A C B A B B N2S/NN618BC61 Ve.011 -GJOWS GW8 awl.omaoo-Trns -zaoal 73 8C F�rsL yEtR, 34bQ e,� 110tatrt 8L (Sid 29) 74 2013 AM Peak Background 15: Main St. (SR 29) & 1st. St. North X:'sEpggt04971 Silver Strandi002 000 Business Pa&1Svnchnoi2013 AM Peak Badu4round sv7 N ti a 4�, ;�y f �U.. P #R,. It ` Lane Group EEL EBT EBR VYDL JVBT 'OfBR NBL NST 'SBT SBF. Approach Delay 19.3 18A 14.5 Approach LOS ® 14.8 90th %Ile Green (s) 10.0 16.0 16.0 10.0 16.0 15.0 31.0 31.0 31.0 31.0 31.0 90th %Ile Term Code Max Max Max Max Max Max MarcR MaxR MaxR MaxR MaxR 70th %Ile Green (s) 10.0 16.0 16.0 10,0 16,0 16.0 31.0 31.0 31.0 31.0 31.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaXR MaxR MaxR 50th %ile Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 31.0 31.0 31.0 31.0 31,0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 31.0 31.0 31.0 31.0 :31.0 30th %ile Teem Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 0.0 15.0 16.0 0.0 16.0 16.0 31.0 31.0 31.0 31.0 31.0 10th %Ile Term Code Skip Max Max Skip Max Max MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 23 125 0 38 54 0 65 135 7 15 93 Queue Length 95th (ft) 48 178 53 71 87 37 130 213 42 38 156 Internal Link Dist (ft) 4130 7419 3886 2575 Turn Bay Length (fl) M 120 192 300 154 80 180 Base Capacity(vph) 498 895 672 384 895 485 408 864 827 330 851 Starvation Cap Reductn 0 0 0 0 0 0 a Spillbad<Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Reduced vtc Ratio 0.18 0.63 0.54 0.37 0.30 0 0.23 0 0.49 0 0.48 0 0.24 0 0.17 0 0.38 Intersection Summary Area Type: Other Cycle Length: 75 Actuated Cycle Length: 71.8 Natural Cycle: 50 Control Type: Semi Ac4Un000rd Maximum mho Ratio: 0.63 Intersection Signal Delay: 17.0 Intersection LOS: B Intersection Capacity Utilization 84.5% ICU Level of Service C Analysis Period (min) 15 90th %Ile Actuated Cycle: 75 70th %Ile Actuated Cycle: 75 50th %Ile Actuated Cycle: 75 30th %HA Actuated Cycle: 75 10th %Ile Actuated Cycle: 59 azsrmoa- rasmi v� mi- c.rowes uaa MWi -002�o- TEAS -2BpRt 74' Main St. APPeri4ix E - First St. & (CGS 646) at Plain St. (SR 29) 2013 AM Peak Background Plus Project Traffic U-) cf°f� c u1 82�' 522 459 s 0 Z 0 v r X104 X249 ;203 Main St. olIC Mc o cvvN u:szsso-ieeeai v«: s�i -wowes �uu oen�asxaodn�s -�ssa 75 75 LOOE i a_ E e 6�i` 2° &- 5, 8066) at i0ualin St. (Sk, 29) 76 2013 AM Peak Background Plus Project Traffic 15: Main St. (SR 29)& 1st. St. North X:1Ene1D4971 Sliver Strand+002-000 Bus: oss EAJN%nohro12013 Aa9 Peak Badroround olus ProL Soer sy7 a2v 1WW Ve.. 011- GiONEe 76 OOB]tA02 -000. TTA& 2aD21 iii 1 4- k '% ? ? 4 �ar�e •i tn'JP E @L EET ESP. '141EL IrdST 'WBP, NEL Ii ST 1. E, P: 56L PET SEF; Lane Configurations i �o yr ,i� `.fi Er ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 120 192 300 154 80 180 0 Storage Lanes 1 1 1 1 1 1 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 42 0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Defector (it) 0 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 Lane litil. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 15 1.00 1.00 9 1.D0 Fri 0.850 0.850 0.850 0.978 Fit Protected 0.950 0950 0.950 0.950 Said. Flow (Prot) 1770 3539 1583 1770 3539 1583 1770 1853 1583 1770 1822 0 Flt Permitted 0.585 0.333 0.315 0.240 Satd. Flow(perm) 1090 3539 1583 820 3539 1583 587 1853 1583 447 18222 0 Right Turn on Red Yes Yes Yes yes Said. Flow(RTOR) 328 113 186 15 Headway Factor 1.00 1.00 1.00 120 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 4210 7499 3051 3103 Travel Time (s) 95.7 170.4 83.0 70.5 Volume(vph) 82 522 469 203 240 104 230 403 208 51 301 52 Peak Hour Factor 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 89 667 499 221 271 113 260 438 220 55 327 57 Lane Group Flow(vph) 89 567 499 221 271 113 250 438 226 55 384 0 Turn Type pm +pt Perm pm +pt Perm Perm Perm Perm Protected Phases 7 4 3 8 2 Permitted Phases 4 4 8 8 2 2 6 5 Detector Phases 7 4 4 3 8 3 2 2 2 6 Minimum Initial (s) 10.0 16.0 16.0 10.0 16.0 16.0 102 10.0 10.0 10.0 0 10.0 Minimum Splits) 16.0 22.0 22.0 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 18.0 22.0 22.0 18.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 0.0 Total Split (0k) 26.7%36.7 %36.7%26.7%36.7 %36.7 %36.7 %35.7 %36.7%35.7 %35.7% 0.0% Maximum Green (s) 10.0 18.0 18.0 10.0 16.0 18.0 16.0 16.0 16.0 18.0 16.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 22 2.0 2.0 2.0 22 2.0 2.0 2.0 2.0 Lead(Lag Lead Lag Lag Lead Lag Lag Lead-Lag Optimize? Yes yes Yes Yes Yes Yes Vehicle Extensions) 32 3.0 30 3.0 3.0 3.0 3.0 3.0 3.0 3.0 32 Recall Mode None None !done None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 6.0 5.0 5.0 5.0 5.0 5.D Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #Mr) 0 0 0 0 0 0 0 0 Act Effet Green (s) 30.3 18.0 18.0 30.8 21.2 21.2 18.0 18.0 182 18.0 0 18.0 Actuated g1C Ratio 0.48 030 0.30 0.51 0.35 035 0.30 0.30 0.30 0.30 0.30 Wo Ratio 0.14 0.53 0.71 0.40 0.22 0.18 1.42 0.78 0.37 0.41 0.69 Control Delay 6.7 19.7 13.1 9.1 15.8 4.7 2434 31.7 5.6 27.8 25.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 6.7 19.7 13.1 9.1 15.8 41 243.6 31.7 8.5 27.8 25.7 LOS A 8 8 A 8 A F C A C C a2v 1WW Ve.. 011- GiONEe 76 OOB]tA02 -000. TTA& 2aD21 2A• ppce Tir6„ E e Fors' Ste a. (CF �t &;F) aa;110"ah K (SP V,) 2013 A61fV Peak Background Mus Pruett TrafiPc 15: Main St. (SR 29) & 1st. St North mane Group EEL EBT E6F aUSL 619T WBR NCL N6T NBR 86L S67 ELF; Approach Delay 15.9 -11.3- 23.4 25.9 Approach LOS B B F C 90th %ale Green (s) 10.0 18.0 18.0 10.0 16.0 16-0 16.0 16.0 16.0 15.0 16.0 90th %ale Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 70th %Ile Green (s) 10.0 16.0 16.0 10.0 16.0 1617 16.0 10.0 16.0 16.0 16.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 50th %Ile Green () 10.0 16.0 16.0 10.0 16.0 16.0 16.0 16.0 16.0 16 -0 16.o 50th %ale Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 30th %Ike Green (s) 10.0 15.0 16.0 10.0 16.0 16.0 16.0 15.0 16.0 16.0 15.0 30th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 0.0 16.0 16.0 10.0 32.0 32.0 10.0 16.0 16.0 16.0 16.0 10th %Ile Term Code Skip Max Max Max Hold Hold MaxR MaxR MaxR Mio R MaxR Queue Length 50th (ft) 13 88 48 35 38 0 -126 143 10 16 116 Queue Length 95th (ft) 29 132 #147 85 64 30 #248 #277 54 48 #210 Internal Link Dist (ft) 4130 7419 3571 3023 Turn Bay Length (ft) 140 120 192 300 154 80 160 Base Capacity(vph) 652 1062 705 548 1251 632 1713 559 605 134 557 Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Reduced vie Ratio 0.14 0.53 0.71 0.40 0.22 0.18 1.42 0.72 0.37 0.41 0.69 ❑terseotlon SUmrnanl Area Type: Other - Cycle Length: 80 Actuated Cycle Length. 60 Natural Cycle: 70 Control Type: Semi Act- Uncoord Maximum vie Ratio: 1.42 Intersection Signal Delay: 362 Intersection LOS: D Intersection Capacity Utilization 702% ICU Level of Service C Analysis Period (min) 15 90th %ale Actuated Cycle: 80 70th %Ile Actuated Cycle: 60 50th %ale Actuated Cycle: 50 30th %Ile Actuated Cycle: 60 10th %ale Actuated Cycle: 80 a Volume exceeds capacity, queue is theoretically infinite. Queue shown is maximum after iwo cycles. # 95th percentile volume exceeds capacity, queue maybe longer. Queue shown is maximum after two cycles. t i251T006188%) Vp:011- GJIXJES run 068x1 -002-0W TrgS 28021 77 R= RE E tY E 52 au o os APPSrudji ;c E e Ficsu Si. S, PR 846) at Main St. (SR 29) Main St. vnrzms tnuza vw. ml- c.wrgs cvn MWB-0O60Bb Tf13 -908 2008 PM Peak Existing Conditions 0000 LO ii M 54-17 217 148-y f 0 z w 7 N X382 X121 Main St. W)l( � m� 8C 79 • < ppar,�Nb: E m rprrs� fit. a. (� . ��s�� U� v. pLFi v�) Sf3 2000 PK Peak Existing Conci bons 15: Main St. (SR 29) & 1st. St. North 11EDIENS71 Silver Strand PN MOW P4M0 chrga= PM Peak sv7 '_aria E6F: uUEL Jii6T WS N6L NET NEF: 6L DoT : =:EF Lane Configurations Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 -1900 1900 Storage Length (1t) 140 120 192 300 154 80 980 0 Storage Lanes 1 1 1 1 1 1 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Detector(111) 0 0 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Will. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fri 0.850 0.850 0350 0.967 Flt Protected 0.950 0.950 0.950 0.950 Said. Flow (prof) 1770 3539 1583 1770 3539 1583 1770 1883 1583 1770 1801 0 Fit Permitted 0.458 0.805 0.489 0.285 Said, Flow(perm) 853 3539 1583 1127 3539 1583 874 1863 1583 533 1801 0 Right Turn on Red Yes Yes Yes Yes Said. Flow(RTOR) 161 71 198 24 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 4210 7499 2984 2955 Travel Time (s) 95.7 170.4 67.6 67.2 Volume(vph) 54 217 148 121 382 65 198 373 154 30 200 56 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 59 235 161 132 415 71 213 405 167 33 217 61 Lane Group Firm(vph) 59 235 151 132 415 71 213 405 167 33 278 0 Turn Type pm +pt Perm pm +pt Perm Perm Perm Perm Protected Phases 7 4 3 8 2 8 Permitted Phases 4 4 8 8 2 2 6 Detector Phases 7 4 4 3 8 8 2 2 2 6 g Minimum Initial (s) 10.0 16.0 16.0 10.0 16.0 16.0 10.0 10.0 10.0 10.0 10.0 Minimum Splits) 16.0 22.0 22.0 16.0 220 22.0 22.0 22.0 22.0 22.0 220 Total Split(s) 113.0 22.0 22.0 18.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 0.0 Total Split( %) 20.7%35.7% 36.7% 26.7% 36.7%36.7% 36.7% 36.7% 36.7% 38.7% 36.7% 0.0% Maximum Green (s) 10.0 16.0 15.0 10.0 16.0 16.0 16.0 18.0 16.0 16.0 18.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead Lag Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 :3.0 3.0 3.0 3.0 Recall Mode None None None None None None Max Max Max Max Max Walk Time 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont'dUalk(s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( *ihr) 0 0 0 0 0 0 0 0 0 Act Effot Green (s) 27.7 18.3 18.3 28.4 21.3 21.3 18.3 18.3 18.3 18.3 18.3 Actuated g/C Ratio 0.44 0.32 0.32 0.47 0.38 0.38 0.32 0.32 0.32 0.32 0.32 v!o Ratio 0.11 0.21 0.26 0.20 0.31 0.11 0.78 028 027 0.19 0.47 Control Delay 71 16.0 4.6 7.3 15.3 53 40.9 25.8 52 19.3 18.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 7 1 150 4.6 7.3 15.3 53 40.9 25.6 5? 19.3 18,6 .e. LOS A 8 A A 8 A D C A 8 8 an]rmoe -lasso vac ov- worves cw OIei5- OOOL�b iT16303]B 11 ��a�t9 a. (CEEB 348) a,� u�� `:. (Sh UJI, 81 2006 PM Peak ExasUng Conditions 15: Main St. (SR 29) & 1st. St. North r Lane Group _ EBL E B T EBR UUBL 'MB INBR 148L 11BT b!BR SBL SBT SBF. Approach Delay 10.8 124 25 F 18.6 Approach LOS B ® C C 90th %Ile Green (s) 10.0 16.0 15.0 10.0 16.0 16.0 16.0 16.0 16.0 15.0 B 16.0 90th %Ile Term Cade Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 70th %ile Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 16.0 16.0 16.0 16.0 15.0 70th %Ile Term Cade Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 50th %Ile Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 16.0 16.0 16.0 16.0 16.0 50th %lie Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 0.0 16.0 16.0 10.0 32.0 320 16.0 18.0 15.0 16.0 16.0 30th %Ile Term Code Skip Max Max Max Hold Hold MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 0.0 16.0 16.0 0.0 16.0 16.0 16.0 16.0 15.0 16A 16.0 10th %Ile Term Code Skip Hold Hold Skip Max Max MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 8 33 0 20 61 0 70 130 5 Queue Length 95th (ft) 21 57 38 40 96 24 *177 *246 42 9 29 74 137 Internal Link Dist (ft) 4,130 7418 2204 2875 Turn Bay Length (ft) 140 120 192 300 154 BO ISO Base Ca pa eity(vp h) 550 1139 619 662 1328 639 281 500 010 172 590 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced Wo- Ratio 0.11 0.21 026 0.20 0.31 0 0.11 0 0.76 0 0.68 0 0.27 0 0.19 0 0.47 Intersection Summanr Area Type: Other Cycle Length: 60 Actuated Cycle Length: 56.8 Natural Cycle: 60 Control Type: Semi Act- Uncoord Maximum Wo Ratio: 0.76 Intersection Signal Delay: 17.7 Intersection Capacity Utilization 83.0% Analysis Period (min) 15 90th %lie Actuated Cycle: 80 70th %ile Actuated Cycle: 80 50th %ile Actuated Cycle: 80 30th %Ile Actuated Cycle: 60 10th %Ile Actuated Cycle: 44 I 95th percentile volume exceeds capacity, Queue shown is maximum after Iwo cycles. Intersection LOS: B ICU Level of Service B queue may be longer. ]/IMMINU4 Vvr. 011 -WOWS aaY1e 018350p0A03 Tf18303]S m• Append E ® First at. a. (CR 8166) at Main St. (SR 29) 82 2013 PM Peak Background Traffic ynrmos lNSSU Vae:011 -WANES cvn 010]5W600[- Tf15.30]]8 ( v C � a�i7� cc fi fs. S. (CK, S4:6) ogda�ra S'tL. (d,r7% 26) 83 2013 PM Peak Background Traffic 15: Main St. (SR 29)& 1st. St. North X:tEng)04971 Sliver Strand1002.000 Business Falllt$xnCi9r ®t20$3 PIA Peak Badr r ®und sv7 -To� ''r s� k �4, ! p- 1, f .V Lane Group EEL CBT EBR '"OK 'u'ET UVE'P I4BL u E'` Y'EP :, ESrL ET Ef Lane Configurations "01, F ?ti {c 3 4 d ;St . Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 120 192 300 154 80 180 0 Storage Lanes 1 1 1 1 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4 -0 4.0 4.0 4.0 1 4.0 1 4.0 4.0 0 4.0 Leading Deteotor(ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Detector(ft) 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 0 0 0 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1A0 1.00 1.00 9 1.00 15 1.00 1.00 9 1.00 Fri 0.850 0.850 0.850 0.967 Flt Protected 0.950 0.950 0.950 0.950 S atd. F l ow (p rot) 1770 3539 1583 1770 3539 1583 1770 1863 1583 1770 1801 0 Flt Permitted 0.222 0.422 0.497 0.162 Said. Flow (perm) 414 3639 1583 786 3539 1583 920 1863 1583 302 1801 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 268 104 148 24 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) ,_. 4210 7498 3698 2888 Travel Time (s) 95.7 170.4 84.0 65,9 Volume (vph) 90 352 247 179 566 96 318 604 249 33 218 61 Peak Hour Factor OS92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj.Flow(vph) 98 393 268 195 615 104 346 657 271 36 237 66 Lane Group Flow(vph) 98 393 268 195 615 104 346 857 271 36 303 0 Turn Type pm +pt Perm pm+pt Perm Perm Perm Perm Protected Phases 7 4 3 8 2 Permitted Phases 4 4 8 8 2 2 6 5 Detector Phases 7 4 4 3 8 8 2 2 2 5 6 Minimum Initial (s) 10.0 16.0 16.0 10.0 16.0 16.0 10.0 10.0 10.0 10.0 10.0 Minimum Splits) 16.0 22.0 22.0 16.0 22.0 22.0 22.0 22,0 22.0 22.0 22.0 Total Splits) 16.0 22.0 22.0 16.0 22.0 22.0 37.0 37.0 37.0 37 -0 37.0 DO Total Split (%) 21.3% 29.3% 29.395 21.3°% 29.335 29.335 49.3°% 49,346 49.356 49.3°% 49.3°% 0.096 Maximum Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 31.0 31.0 31.0 31.0 31.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 10 3.0 3.0 3.0 Recall Mode None None None None None None Max Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5,0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calis(#Ihr) 0 0 0 0 0 Aot Effct Green (s) 30.2 18.0 18.0 30.8 21.2 21 -2 33.0 0 33.0 0 33.0 0 33.0 0 33.0 Actuated gtC Ratio 0.39 0.24 0.24 0.41 0.28 0.28 0.44 0.44 0.44 0.44 0.44 vfc Ratio 0.27 0.46 0.48 0.41 0.61 0.20 0.85 0.80 0.35 0.27 0.38 Control Delay 14.3 26 5.2 15.6 27.9 6.5 41.2 27.6 7.7 20.1 14.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 14.3 26.5 5.2 1513 27.9 6.5 41.2 27.6 77 20.1 14.5 LOS B C A B C A D C A C B znrzooa- iessze vee vv- caoeFs wn 06935000.002 - TTIS 303]0 • 2013 PWr Peak Background Traffic 115: Main St. (SR 29j & 1st. St. Worth XAEpgV4971 Sinter $t[andW2 -000 Business PaIM9jT9hrM13 PM Peak Baftround sr7 Lane VfOUp EBL EBT EBR; nUBL 'AB 'WDR W@L NBT NBF' ^BL cST '.3BF Approach Delay 1 7.8 22.8 27.0 15.2 Approach LOS B C C B 90th %ile Green (s) 100 16.0 18.0 10.0 16.0 16.0 31.0 31.0 31.0 31.0 31.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 70th %lie Green (s) 10.0 16.0 160 10.0 16.0 18.0 31.0 31.0 31.0 :31.0 31.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 50th %lie Green (s) 10.0 16.0 16.0 10.0 16.0 16.0 31.0 31.0 31.0 310 31.0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 10.0 18.0 10.0 10.0 16.0 160 31.0 31.0 31.0 31.0 31.0 30th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 10th %lie Green (s) 0.0 16.0 16.0 10.0 32.0 32.0 31.0 31.0 31.0 31.0 31.0 10th %Ile Term Code Skip Max Max Max Hold Hold MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 25 82 0 53 138 0 1:38 254 33 10 83 Queue Length 95th (ft) 52 123 55 95 195 35 #294 #438 81 34 141 Internal Link Dist(11) 4130 7419 3618 2818 Turn Bay Length (ft) 140 120 192 300 154 80 180 Base Capac4(vph) 369 849 584 480 1000 522 407 820 779 133 806 Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Spillbadr Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Reduced We Ratio 0.27 0.46 0.46 0.41 0.61 0.20 0.85 0.80 0.35 0.27 0.38 Intersection Summary Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Natural Cycle: 75 Control Type: Semi Ac4Uncoord Maximum vfc Ratio: 0.85 Intersection Signal Delay: 22.5 Intersection LOS: C Intersection Capacity Utilization 77.4% ICU Level of Service D Analysis Period (min) 15 90th %Ile Actuated Cycle: 75 70th %ile Actuated Cycle; 75 50th %Ile Actuated Cycle: 75 30th %lie Actuated Cycle: 75 10th %ile Actuated Cycle: 75 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum aftertwo cycles. SDIit5 and Phases: 15: Main St. rSR 20 X 7dr at ra�4o-. ]It]I3U041Y$2t Ver:O,l- GJONE9 CW9 00995-0ODAU2 -lTl &303]8 AppenditK E ®Rr$t Sta & (CR 646) at Malin St. (Std 29) 2013 PRO Peek Background Pius Project Traffic Main St. Y,12006 i@ Vr. oil. woN aauammz- msaaare s 0 Z T H T I-- (d% T li� 90-/' 362 371 � CO 0 CO k� r`-96 566 k249 Main St. coi4 C LaW� 85 Z [- pandf,.: E 9bc�e ',1L 101, n St gal, 86 2023 Pftafi Peak Bac[rm,round Mus Project Traffic 15: Main St. (SR 29) & 1st. St. North FrL EE7 EBH Ju6L dLG I Xana104971 Silver Strand1D02 -000 Business FAM§n9hrot2013 NET PM Flak Background plus Peoiect Scent ffF EF. Lane Configurations x 7MOslasso v .011- c.rowes Q 06WMU -Wl1 Wan FrL EE7 EBH Ju6L dLG I ,fVBR rl6L NET h:NF ,EL F -SI EF. Lane Configurations tip 'v Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 120 192 300 154 8o 180 0 Storage Lanes 1 1 1 1 1 1 1 Total Lost Time (s) 4.0 4.0 4A 4.0 4.0 4.0 4.0 4.0 4A 4.0 4.0 0 4.0 Leading Deteotor(ft) 50 50 50 50 50 50 50 50 50 50 50 Trailing Deteetor(tf) 0 0 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fri 0.850 0.850 0.850 0.973 FR Protected 0.950 0.950 0.960 0.950 S atd. FIow(p rot) 1770 3539 1583 5770 3539 1583 1770 1853 1583 1770 1812 0 Flt Permitted .0.222 0.328 0.484 0.207 Satd. Flow (perm) 414 3539 1583 611 3539 1583 902 1863 1583 388 18122 0 Right Turn on Red Yes Yes Yes Yes Said. Flow(RTOR) 403 104 191 19 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 -^ Link Speed (mph) 30 30 30 30 Link Distance (ft) 4210 7499 3487 2960 Travel Time (s) 95.7 170.4 79.3 67,0 Volume (vph) 90 382 371 249 5BB 98 528 894 388 33 271 81 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 98 393 403 271 815 104 674 754 400 38 295 66 Lane Group Flow(vph) 98 393 403 271 815 104 574 754 400 36 361 0 Turn Type pm +pt Perm pm +pt Perm Perm Perm Perm Protected Phases 7 4 3 8 2 Permitted Phases 4 4 8 8 2 2 6 8 Detector Phases 7 4 4 3 8 8 2 2 2 6 6 Minimum Initial (s) 10.0 16.0 18.0 10.0 16.0 18.0 10.0 10.0 10.0 10.0 10.0 Minimum Split(s) 18.0 22.0 22.0 16.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 18.0 22.0 22.0 18.0 22.0 22.0 82.0 B2.0 62.0 82.0 B2.0 0.0 Total Split(%) 16.0% 22.0% 22.0cg 16.0% 22.00,6 22.0% 620% 62.0 %62.0% 62.0% 82.0% 0.0% Maximum Green (s) 10.0 18.0 18.0 10.0 1B.0 18.0 58.0 56.0 58.0 58.0 58.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Vehicle Extension (s) 3.0 3.0 310 3.0 :3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None Hone Hone Hone Hone Hone Max Max Max Max Max 'oValk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #Ihr) 0 0 0 0 0 0 0 0 Act Effet Green (s) 30.1 18.0 18.0 30.8 21.2 21.2 58.0 58.0 58.o 58.0 0 58.0 Actuated gfC Ratio 0.29 0.18 0.18 0.31 021 0.21 0.58 0.58 0.58 0.63 0.58 Wo Ratio 0.35 0.82 0.66 023 0.82 0.25 1.10 0.70 0.40 0.16 0.34 Control Delay 27.4 42.5 9.4 49.5 49.6 8.9 92.0 19.2 5.9 12.0 11.5 Queue Delay 0.0 0.0 0.0 oA 0.0 0.0 0.0 0.0 0.0 0.0 D.0 Total Delay 27.4 42.5 9.4 49.6 49.6 8.9 92.0 19.2 6.9 12.0 11 '.. LOS C D A D D A F 8 A E B x 7MOslasso v .011- c.rowes Q 06WMU -Wl1 Wan c,ppendkl E e mist ate S. (CP 9' c)i) at oftn st� (SR 29) 87 2013 PKI Peak Background Mus Project Traffic 15: Main St. (SR 29) & 1st. St, North A:lEngQS77 Silver Strandr002 -000 19in «PaMynohro22013 PM Peak 8adearounl clue Proieot Scent syu Lane Group EBL E87 EBR W8 iIUBT 1rk'9R 149L I46T IIBF: c81- SBT SEF; Approach Delay 26.0 45.3 40.5 11.5 Approach LOS C D D 90th %Ile Green (s) 100 16.0 16.0 10.0 16.0 16.0 560 56,0 58.0 56.0 58.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 70th %ile Green (s) 10.0 16.0 18.0 10.0 16.0 16.0 56.0 58.0 56.0 56.0 56.0 70th %Ile Term Code Max Max Max Max Max Max MaXR MaxR MaxR MaxR MaxR 50th %Ile Green (s) 10.0 16.0 16.0 10.0 10.0 16.0 56.0 50.0 56.0 66.0 56.0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 30th %Ile Green (s) 10.0 16.0 16.0 100 16,0 15.0 56.0 58.0 58.4 56.0 58.0 30th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR MaxR MaxR 10th %Ile Green (s) 0.0 18,4 16.0 10.0 32,0 32.0 56.0 560 58,0 58.0 58.0 10th %Ile Term Code Skip Max Max Max Hold Hold MaxR MaxR MaxR MaxR MaxR Queue Length 50th (ft) 43 123 0 133 206 0 -417 317 60 10 106 Queue Length 96th (ft) 81 173 85 #229 #320 45 #624 458 119 28 162 Internal Link Dist (ft) 4130 7419 3407 2870 Turn Bay Length (ft) 140 120 192 300 154 80 160 Base Capacity(vph) 279 837 515 327 750 417 523 1081 998 224 1059 Starvation Cap Reductn 0 0 0 0 0 0 0 0 a- Spillback Cap Reduotn 0 0 0 0 0 0 0 0 Storage Cap Reduotn 0 0 0 0 0 0 0 0 0 0 0 Reduced vfc Ratio 0.35 0.62 0.86 0.83 0,82 0 0.25 0 1.10 0 0.70 0 0.40 0 0.15 0 0.34 Area Type: Other -- Cycle Length: 100 Actuated Cycle Length: 100 Natural Cycle: 100 Control Type: Semi Act- Uncoord Maximum We Ratio: 1.10 Intersection Signal Delay: 3513 Intersection LOS: D Intersection Capacity Utilization 87.7% ICU Level of Service E Analysis Period (min) 15 90th %lie Actuated Cycle: 100 70th %ile Actuated Cycle: 100 50th %Ile Actuated Cycle: 100 30th %Ile Actuated Cycle: 100 10th %Ile Actuated Cycle: 100 Volume exceeds oapacity, queue is theoretically infinite. Queue shown is maximum after hero cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after Wo cycles. vnaoos.�SS�s ver.ai- caor�a eAeu saws,owoca mis aoare Y 49 E E 49 ch N �s LL x C 6 �s U pE S E t- a 0 a s i u° E I E m m ra S a b u° m � am a F ME 00 OD 3 k s g In App andbs F ® Frftent[a St. N. (SGT 29) at pvtrom®G.ele® Dr. 2006 AM Peak Existing Conditions C� CO cl" Immokalee Dr. X19 l: � ; � F • YlSI300} 1"M V.I. 011 -wJ es GV e Immokalee Dr. ; ffil J4 ( ) &r rcfl-rnewa,G ®s Di. go 2006 AM Peak 6sting Coe dkions 12: immokalee Dr. & N. 151h St. (SR 29) X• %EnaQ4971 Silver StrandV002.000 Business PJAI yBohro12006 AM Peak 7 Lane C; in oF EEL E E T EEF tlileL 'm7ET WBF hBL N8 !16F SBL cBT :_.E.F Lane Configurations 7� - 7- •R; r�r Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 0 150 0 160 0 105 0 Storage Lanes 1 0 1 0 1 0 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.D0 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.923 0.928 0.994 0.997 Flt Protected 0.950 0.950 0.950 0.950 Satd. Flow(prot) 1770 1719 0 1770 1729 0 1770 1852 0 1770 1857 0 Flt Permitted 0.603 0.553 0.302 0.515 Satd. Flow(perm) 1235 1719 0 1030 1729 0 563 1852 0 965 1857 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 96 71 5 3 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 Link Speed (mph) 30 30 30 30 �- Link Distance (ft) 4161 2759 1700 2731 Travel Time (s) 94.6 82.7 38.8 62.1 Volume (vph) 22 108 112 19 70 65 36 290 12 114 526 11 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 24 117 122 21 76 71 39 315 13 124 572 12 Lane Group Flow(vph) 24 239 0 21 147 0 39 328 0 124 584 0 Turn Type Perm Perm Perm Perm Protected Phases 4 8 2 6 Permitted Phases 4 8 2 6 Detector Phases 4 4 8 8 2 2 6 g Minimum initials) 10.0 10.0 10.0 10.0 16.0 16.0 16.0 16.0 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 25.0 25.0 0.0 25.0 25.0 0.0 35.0 35.0 0.0 35.0 35.0 0.0 Total Split( %) 41.7% 41.7% 0.0 %41.7% 411% 0.0% 58.3% 58.3% 0.0% 58.3 %58.3% 0.0% Maximum Green (s) 19.0 19.0 19.0 19.0 29.0 29.0 29.0 29.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadlLag Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None Hone None Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #fhr) 0 0 0 0 0 0 0 Act Effet Green (s) 13.5 13.5 13.5 13.5 33.0 33.0 33.0 0 33.0 Actuated g!C Ratio 0.25 0.25 0.25 0.25 0.81 0.01 0.81 0.61 vlo Ratio 0.08 0.48 0.08 0.30 0.11 0.29 021 0.52 Control Delay 15.1 13.2 15.4 10.6 6.5 0.4 6.7 8.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 15.1 13.2 15.4 10.6 6.5 6.4 8.7 8.8 -- LOS B 8 B B A A A A 4RSr m1MM V r.. on -c.oA N 811 -002�000.TTRS -1 90 Oi8021 8 F ire! WAUo SL �., (SK 2�y Dili fcncas ®k-&iOes Ct °, 91 2® ®6 AK Peak Existing Conditions 12: Immokalee Dr. & N. 15th St. (SR 29) X:IEnct04971 Silver Strand1O02 -000 Business ParincYnohrot2Q06 AMP aksvg7 Lane >roup EEL EBT EER 'JOEL iWET 1n,EF NEL NET NEP =EL SET ^E F' Approach Delay 13.4 112 6.4 8.4 Approach LOS 8 B A 90th %ile Green (s) 15.4 15.4 15.4 15.4 29.0 29.0 29.0 A 29.0 90th %ile Term Code Gap Gap Hold Hold M"R MaxR MaxR MaxR 70th %ile Green (s) 11.9 11.9 11.9 11.9 29.0 29.0 29.0 29.0 70th %Ile Term Code Gap Gap Hold Hold MaxR MaxR MaxR MaxR 50th %Ile Green (sl 10.0 10.0 10.0 10.0 29.0 29.0 29.0 29.0 50th %Ile Term Code Min Min Min Min MaxR MaxR MaxR MaxR 30th %Ile Green (s) 10.0 10.0 10.0 10.0 29.0 29.0 29.0 29.0 30th %ile Term Code Min Min Min Min MaxR MaxR MaxR MaxR 10th %ile Green (s) 10.0 10.0 10.0 10.0 39.0 39.0 39.0 39.0 10th %Ile Term Code Min Min Hold Hold Dwell Dwell Dwell Dwell Queue Length 50th (ft) 6 :36 5 18 4 38 14 83 Queue Length 95th (ft) 19 85 16 53 18 94 44 194 Internal Link Dist(ft) 4089 2579 16520 2651 Turn Bay Length (ft) 140 150 100 105 Base Capacity(vph) 420 848 351 634 340 1122 584 1124 Starvation Cap Reductn 0 0 D 0 0 0 ^opillback Cap Reduotn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced vic Ratio 0.06 037 0.06 0.23 0.11 0.29 0 021 0 0.52 Intersection Summary. Area Type. Other Cycle Length: 60 Actuated Cycle Length: 54.5 Natural Cycle: 50 Control Type: Semi Act- Uneoord Maximum v!c Ratio: 0.52 Intersection Signal Delay: 9.1 Intersection LOS: A Intersection Capacity Utilization 70.0% ICU Level of Service C Analysis Period (min) 15 90th %Ile Actuated Cycle: 55.4 70th %ils Actuated Cycle: 52.9 50th %ile Actuated Cycle: 51 30th %ile Actuated Cycle: 51 10th %Ile Actuated Cycle: 61 lits and Phases: 12: Immolkalee Dr. W. 15 .,ate:, "a �`i.;'�i♦i�� z�m .�%-x ""�ji� .y. ... }C Tt� ...�:a�i 1�. � .�.:r4..?'- .e.u.LZr�4`..:_.�n�® -m,f .T,�ii_ii♦ arzarzoos leans v,,: oe�-- c�owss crap oan�ooawo- nas -zeor O A.ppendbz F — Fifteenth SL. N. (SR 29) at EtTumoka der. 2013 AM Peak Background ® M M 67 r- Immokalee Dr. ,A.y X20 23__Ow 111- - j M 115 `tM� z Immokalee Dr. ��,� 92 • Ik4 M• �°: FanJi `fF c��CtL�e �ti , Q�F. �� CPf Gtu�Go,Gt3 �1, 93 2 013 M Peak Baaekgrcund 12: Immokalea Dr. & H. 15th St. (SR 2g) 7C�MM71 Silver Strand5O02.000 nosiness Pad_d_8XQ2r...=J3 asa peak 8ackaround ll Lore (-nup ELL EBT EEF HEL '1'HT 11'LF i:BL kEi laLF 'FL cEl REF Lane Configurations Ideal Flow(vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 0 150 0 160 0 105 0 Storage Lanes 1 0 1 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Deteotor(ft) 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 15 0 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.924 0.927 0.994 0,997 Flt Protected 0.950 0.950 0.950 0.950 Satd. Flow(prot) 1770 1721 0 1770 1727 0 1770 1852 0 1770 1857 0 Flt Permitted 0.661 0.527 0.260 0,486 Satd. Flow(perm) 1231 1721 0 982 1727 0 484 1852 0 905 1857 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 91 73 6 3 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 �. Link Speed (mph) 30 30 30 30 Link Distance (ft) 4161 2759 1700 2731 Travel Time (s) 94.6 62.7 38.6 62.1 Volume (vph) 23 111 115 20 72 57 41 333 14 131 804 13 Peak Hour Factor 0.02 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 25 121 125 22 78 73 46 362 15 142 657 14 Lane Group Flow (vph) 25 246 0 22 151 0 45 377 0 142 671 0 Turn Type Perm Perm Perm Peron Protected Phases 4 8 2 Permitted Phases 4 g 2 6 Detector Phases 4 4 8 8 2 2 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 18.0 16.0 5 16.0 6 16.0 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split(s) 23.0 23.0 0.0 23.0 23.0 0.0 37.0 37.0 0.0 37.0 37.0 0.0 Total Split( %) 38.3 %38.3% 0.0%38.3 %38.3% 0.0 %61.7 %61.795 0.0 %61.7 %81.7% 0.0% Maximum Green (s) 17.0 17.0 17.0 17.0 31.0 31.0 31.0 31.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4,0 All-Red Time 2.0 2.0 2A 2.0 2.0 2.0 2.0 2.0 LeadlLag Lead-Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3A 3.0 3.0 3,0 Recall Mode None Hone None {None Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #fhr) 0 0 0 0 n 0 Act Effct Green (s) 13.8 13.8 13$ 13.8 34.7 34.7 0 34.7 0 34.7 Actuated 91C Ratio 0.24 0.24 0.24 0.24 0.61 0.61 0.61 0.61 Wo Ratio 0.08 0.50 0.09 0.32 0.15 0.33 0.26 0.59 Control Delay 18.0 14.7 16.3 11.1 7.1 6.7 7.2 9,9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 16.0 14.7 15.3 11.1 7 1 67 7.2 9.9 LOS 8 8 @ 8 A A A F. d1262006166W5 V..011 -Giows oa6 , 66��6 .az66�, 93 8C °�, Cdr F m Fi>1tsentha ;. br (4R 29) air. hytitmokfal"as Bn 94 2013 AM Peas Background 12: ImmokAee Dr. & W. 15th St. (SR 29) X:!I909P4971 Silver 3traRM99.000 Business P-dASvnehrod2013 AM Peak Badrground R 7 �ar,e<iroup EEL EBT ESF._'4E -L VArBT 'n,tER_ N51- NBT ;REF: : =EL :3BT :_:F; -. Approach Delay 14.8 11.7 6.7 -_- 9.4 Approach LOS B B A A 90th %Ile Green ( ^ >) 16.2 16.2 16.2 162 31.0 31.0 31.0 31.0 90th %lie Term Code Gap Gap Hold Hold MaxR MaxR MaxR MaxR 70th %Ile Green (s) 12.6 12.6 12.5 12.6 31.0 31.0 3910 31.0 70th %Ile Term Code Gap Gap Hold Hold Ma>R MaxR MaxR MaxR 50th %ile Green (s) 10.2 10.2 10.2 10.2 :31.0 31.0 31.0 :31.0 50th %Ile Term Code Gap Gap Hold Hold MaxR MaxR MaxR MaxR 30th %ife Green (s) 10.0 10.0 10.0 10.0 31.0 31.0 31.0 31.0 30th %Ile Term Code Min Min Min Min MaxR MaxR MaxR MaxR 10th %Ile Green (s) 10.0 10.0 10.0 10.0 39.7 39.7 397 39.7 10th %Ile Term Code Min Min Hold Hold Dwell Dwell Dwell Dwell Queue Length 50th (ft) 6 42 5 20 5 46 17 103 Queue Length 95th (ft) 21 94 20 57 22 112 53 246 Internal Link Dist (ft) 4081 2579 1520 2651 Turn Bay Length (ft) 140 150 160 105 .... Base Capaeity(vph) 380 594 303 584 297 1139 555 1141 Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced vfc Ratio 0.07 0 -41 0.07 0.26 0.15 0.33 0.20 0.59 Intersection Summary Area Type. Other Cycle Length: 60 Actuated Cycle Length: 56.5 Natural Cycle: 55 Control Type: Semi Act- Uncoord Maximum vie Ratio: 0.59 Intersection Signal Delay: 9.8 Intersection LOS: A. Interseotion Capacity Utilization 75.0% ICU Level of Service D Analysis Period (min) 15 90th %Ile Actuated Cycle: 59.2 70th %Ile Actuated Cycle: 55.6 50th %Ile Actuated Cycle: 53.2 30th %ile Actuated Cycle: 53 10th %Ile Actuated Cycle: 61.7 42512003�13BBi3 Ver. ql- e.pNE3 94 !r ppandiA IF - Fiiteanth St. N. (SR 29) at imrnokaiee or. 2013 AM Peak Background Puss Project Traffic • • Immokalee Dr. 20 _ Dr. //1fi2W6INM V ..Otl -WONES Oi %1-0OtOO6 TiA43OOit 95 IR CKIIIII NE r a 2013 AGM Peak Background Nus Project Traffic 12: Immokalee Dr. & N. 15th St. (SR 29) coj co i ter, X104971 Silver Strand1002 -000 Business PadhSvnahro12013 As Peait Badr round ofus Protect S en2 sr7 r =NT rL 'oE - , 1 coj co i ter, n11eL 11b I vVE,F D EI r =NT aEL 'oE E & F. Lane Configurations "( L ',t - 1 3 r� Ideal Flow(vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 0 150 0 160 0 105 0 Storage Lanes 1 0 1 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector(ft) 50 50 50 50 50 x 50 50 Trailing Detector (It) 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fit 0.917 0.927 0.994 0.997 Fit Protected 0.950 0.950 0.950 0.950 S aid. F l ow (p rot) 1770 1708 0 1770 1727 0 1770 1852 0 1770 1857 0 Fit Permitted 0.858 0.457 0.240 0.478 Said. Flow(perm) 1226 1708 0 851 1727 0 447 1852 0 890 1857 0 Right Turn on Red Yes Yes Yes Yes Said. Fiow(RTOR) 107 76 5 3 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Lank Distance (it) 4181 2759 1700 2731 Travel Time (s) 94.6 82.7 38.6 62.1 Volume (vph) 23 117 148 20 74 70 52 349 14 140 647 13 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 25 127 159 22 80 78 57 379 15 152 703 14 Lane Group Flow(vph) 25 280 0 22 150 0 57 394 0 152 717 0 Turn Type Perm Perm Perm Perm Protected Phases 4 g Permitted Phases 4 8 2 2 8 Detector Phases 4 4 8 8 2 2 5 Minimum Initial (s) 10.0 10.0 10.0 10.0 18.0 18.0 6 18.0 8 18.0 Minimum Split (S) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 22.0 22.0 0.0 22.0 22.0 0.0 38.0 38.0 0.0 38.0 38.0 0.0 Total Split( %) 35.7% 38.7 -k 0.0 %35.7% 36.7% 0.0% 63.3% 83.3% 0A% 83.3% 03.3% 0.00% Maximum Green (s) 16.0 18.0 18.0 18.0 32.0 32.0 32.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Ail-Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead -Lag Optimize? Vehicle Extension (s) 30 3.0 3.0 3.0 :3.0 3.0 3.0 3.0 Recall Mode None None None None Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 -0 11.0 11.0 Pedestrian Calls( #fhr) 0 0 0 0 0 0 Act Effet Green (s) 14.2 14.2 142 14.2 35.0 35.0 0 35.0 0 35.0 Actuated gfC Ratio 0.25 0.25 0.25 0.25 0.61 0.51 0.61 0.61 vfc Ratio 0.08 0.57 0.10 0.32 0.21 0.35 0.28 0.63 Control Delay 16.3 15.9 17.1 11.2 8.2 7.0 7.6 10.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 15.3 15.9 171 11.2 82 7.0 7.5 10.8 --- LOS B 8 8 B A A A B G 000 188915 Vx 011- GJONES y O4W1-0II -006 RP5 -LBp]t 96 Apperld�x F ® Fifteenth fit. v- (Sr,,. 29) at GMnrtokaWe Dra 97 2013 AM Peak Background Plus Project Traffic 12: Immokalee Dr. & N. 15th St. (SR 29) EST EBR 'JVBL UUBT UUBR FIEL 16.0 6:%Enq- +A4971 Silver StrandbD02 -000 Business PaddtSvnchro12D13 AM Peak Background B plus Prorect See n2 sp7 0 16.0 16.0 16.0 16.0 32.0 Max Max Lane Approach Delay Approach LOS 90th %Ile Green (s) 90th 9611e Term Code 70th %Ile Green (s) 70th %Ile Term Code 50th %Ile Green (s) 50th %Ile Term Code 30th %Ile Green (s) 30th %Ile Term Code 10th %Ile Green (s) 10th %Ile Term Code Queue Length 50th (ft) Queue Length 95th (ft) Internal Link Dist (ft) Turn Bay Length (ft) Base Capacity(vph) Starvation Cap Reductn Spillbadt Cap Reductn Storage Cap Reductn Reduced We Ratio Intersection Summa EBL EST EBR 'JVBL UUBT UUBR FIEL 16.0 362 11.9 251 564 B 1135 B 0 16.0 16.0 16.0 16.0 32.0 Max Max Hold Hold MaxR 94.0 14.0 14.0 14.0 32.0 Gap Gap Hold Hold MaxR 19.3 11.3 11.3 11.3 32.0 Gap Gap Hold Hold MaxR 10.0 10.0 10.0 10.0 32.0 Min Min Min Man MaxR 90.4 10.0 10.0 10.0 36.9 Min Min Hold Hold Dwell 6 50 6 21 7 21 111 20 59 28 4001 2579 NBT 7.1 A 32.0 MaxR 32.0 MaxR 32.0 MaxR 32.0 MaxR 36.9 Dwell 52 117 1620 $BL SBT SDR 32.0 MaxR 32.0 MaxR 32.0 MaxR 32.0 M axR 36.9 Dwell 20 56 140 150 160 105 362 580 251 564 273 1135 544 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.07 0.49 0.09 0.28 0.21 0.35 0.28 Area Type: Other Cycle Length: 60 Actuated Cycle Length: 57.2 Natural Cycle: 60 Control Type: Semi Act- Unccord Maximum vie Ratio: 0.63 Intersection Signal Delay: 10.6 Intersection LOS: B Intersection Capacity Utilization 77.3% ICU Level of Service D Analysis Period (min) 15 90th %Ile Actuated Cycle: 50 70th %Ile Actuated Cycle: 58 50th %Ile Actuated Cycle: 55.3 30th °,bile Actuated Cycle: 54 10th %Ile Actuated Cycle: 58.9 B 32.0 MaxR 32.0 MaxR 32.0 M axR 32.0 MaxR 36.9 Dwell 124 271 2051 1137 0 0 0 0.63 azazoos teens vex oti -c.w�s uw me�tnozaso- rrgszeort 97 ON 9 R • Od o`s � k s $ �ps4 �d a$ g e � CL s x R • Od o`s � k s $ �ps4 �d a$ Appendix F ® Fifteenth St. N. (SR 29) at irnm oka iee ®r. 2006 PM Peak Existing Conditions F= CD N O N� X156 Dr. �3ImmokWee ®r. 9 Yi]INOE 16352! ver 011 -WONES wm a233u5o.332 -nis Sm]6 r C 99 M rem P Pel F e Fifteenth St. hv- (SK 29) aG Ocat,m®kaiee On 100 2000 Pill Peak Existing Conditions 12: Immokalee Dr. & N. 15th St. (SR 29) XMncW4971 Silver Strand+002.000 89al P fimsynobro12006 PM Pe 2a _ane'I LUL CCl I Bl IJUBL 51U8 T WBF' WBL NBT NBF' °8L ^BT '�BF Lane Configurations 41, R 1- ^.6 k_ pl Ideal Flow(yphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 4,000 1900 1900 Storage Lengthil 140 0 150 0 150 0 105 0 Storage Lanes 1 0 1 0 1 0 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 Trailing Detector(4t) 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.922 0.950 0.995 0.993 Fit Protected 0.950 0.950 0.950 0.950 Said. Flow(prot) 1770 1717 0 1770 1770 0 1770 1853 0 1770 1850 0 Flt Permitted 0.505 0.574 0.318 0.243 Satd. Flow (perm) 941 1717 0 1069 1770 0 592 1853 0 453 1850 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 92 42 5 7 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 4181 2759 1700 2731 Travel Time (s) 94.6 62.7 38.5 62.1 Volume ll 31 93 99 33 156 77 71 632 24 50 529 28 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flowll 34 101 108 36 170 84 77 687 26 54 575 30 Lane Group Flow(vph) 34 209 0 36 254 0 77 713 0 54 505 0 Turn Type Perm Perm Perm Perm Protected Phases 4 8 2 6 Permitted Phases 4 8 2 6 Detector Phases 4 4 8 8 2 2 5 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 16.0 16.0 16.0 16.0 Minimum Split (a) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 22.0 22.0 OA 22.0 22.0 0.0 38.0 38.0 0.0 38.0 38.0 0.0 Total Split( %) 36.7% 30.7% 0.0%36.7% 30.7% 0.0% 63.3% 63.3% 0.0% 53.3 %63.3% 0.0% Maximum Green (s) 16.0 16.0 16.0 16.0 32.0 32.0 32.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None None None Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls (Ill 0 0 0 0 0 0 0 0 Act Effct Green (s) 14.4 14.4 14.4 14.4 34.8 34.8 34.8 34.8 Actuated g/C Ratio 0.25 0.25 0.25 0.25 0.81 0.81 0.81 0.61 yto Ratio 0.14 0.42 0.13 0.53 0.21 0.63 0.20 0.54 Control Delay 17.5 12.8 17.2 19.3 7.8 10.9 8.1 9.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.5 12.6 17.2 19.3 7.8 10.9 8.1 9.2 ,.� LOS 8 8 8 e A e A A vnaoos 1066 vac oat- cr�s cww wers000aoz nis aone �Ppairld i F - Ffirtvr3GVAI% Wit, 6N� (SR 2s) at DL, 101 8C 2006 PWN Peak Existing Conditions 12: Immokaiee Dr. & H. 15th St. (SR 29) X:%Ena1O4971 Silver Stran41OO2.0Q0 Business PadtaSvnchro120O6 PM Peaksu7 Lane Group EBL EBT EBR VV8L WO V BR NBL NE4r NER S B L S 8 T SBk Approach Delay 13.3 19.1 106 91 Approach LOS 8 B B 90th %i1e Green (s) 16.0 16.0 16.0 16.0 32.0 32.0 32.0 A 32.0 90th %Ile Term Code Hold Hold Max Max MaxR MaxR MaxR MaxR 70th %lie Green (s) 14.4 14.4 14.4 14.4 32.0 32.0 32.0 32.0 70th %ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 50th %ile Green (s) 12.0 12.0 12.0 12.0 32.0 32.0 32.0 32.0 50th %ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR :30th %Ile Green (s) 10.0 10.0 10.0 10.0 32.0 32.0 32.0 32.0 30th %Ile Term Code Min Min Min Min MaxR MaxR MaxR MaxR 10th %ile Green (s) 10.0 10.0 10.0 10.0 36.0 35.0 36.0 36.0 10th %ile Term Code Min Man Min Min Dwell Dwell Dwell Dwell Queue Length 50th (ft) 9 31 9 50 10 128 7 98 Queue Length 95th (ft) 27 78 28 118 33 268 26 208 Internal Link Dist (ft) 4081 2679 1620 2651 Turn Bay Length (ft) 140 150 160 105 Base Capacity(Vph) 279 574 317 554 350 1129 276 1128 Starvation Cap Reductn 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced We Ratio 0.12 0.36 0.11 0.46 0.21 0.63 0 0.20 0 0.54 Iriterseotion Summary Area Type: Other Cycle Length: 50 Actuated Cycle Length: 57.3 Natural Cycle: 55 Control Type: Semi Aat- Uncoord Maximum vie Ratio: 0.63 Intersection Signal Delay: 113 Intersection LOS: B Intersection Capacity Utilization 82.8% ICU Level of Service E Analysis Period (min) 15 90th %ile Actuated Cycle: 50 70th °kite Actuated Cycle: 58.4 50th "bile Actuated Cycle: 56 30th %lie Actuated Cycle: 54 10th %ile Actuated Cycle: 58 Y1]/N0&1054 Vx: 011 -=NE9 M ow�aooma ms amie Appendix F ® Fifteenth St. Mr. (SR 29) at immokNee or 2013 PM Peak Background Traffic M� X160 34 Immokalee Dr. k Immokalee Dr. 32-117 101 z vnrzoosiuuza ver:aw c�orEs cw3 06933-0OP W 3- TfIS 90318 102 M• ,; ,ppsndaa, F - Fifteenth &. Lej, (SR. 28) at Gmotto( Nse On 103 2013 PH Peak Background Traffic 12: Immokalee Dr. & N. 15th St. (SR 29) EBL EBT EBP X:EngL04971 Silver StrandID02 -000 Business PaM§ynchro12013 PM Peak BadSerelnd Ma � 4, 1� k4% ^BL f A13� d W pane >roup EBL EBT EBP >niBL 'JUBT VifDR NBL NBT NBP ^BL SBT RG Lane Configurations 4 T� I S I v 1 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 140 0 160 0 160 0 105 0 Storage Lanes 1 0 1 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 Trailing Detector(ft) 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9 1.00 Frt 0.923 0.950 0.995 0.992 Flt Protected 0.950 0.950 0.950 0.960 Satd. Flow(prot) 1770 1719 0 1770 1770 0 1770 1853 0 1770 1845 0 Flt Permitted 0.498 0.588 0.254 0.171 Satd. Flow(perm) 924 1719 0 1058 1770 0 473 1853 0 319 1848 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 92 42 5 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 7 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 4181 2759 1700 2731 .-- Travel Time (s) 94.6 52.7 38.6 82.1 Volume(vph) 32 95 101 34 180 79 82 726 28 57 808 32 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 36 103 110 37 174 Be 89 789 30 62 661 35 Lane Group Flow(vph) 35 213 0 37 260 0 89 619 0 52 596 0 Turn Type Perm Perm Perm Perm Protected Phases 4 8 2 Permitted Phases 4 8 2 5 Detector Phases 4 4 8 8 2 2 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 16.0 16.0 5 16.0 8 16.0 Minimum Splits) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Splits) 22.0 22.0 0.0 22.0 22.0 0.0 38.0 38.0 0.0 3e.0 38.0 0.0 Total Split( %) 36.7 %38.7% 0.0 %36.7%36.7% 0.0 %63.3 %633% 0.0 %63.3 %63.3% 0.0% Maximum Green (s) 18.0 16.0 16.0 18.0 32.0 32.0 32.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadFLag Lead -Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None {None (done Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls ( #the) 0 0 0 0 0 0 Act Effct Green (s) 14.5 14.5 14.5 14.5 34.8 34.8 0 34.8 0 34.8 Actuated g!C Ratio 0.25 0.25 0.25 0.25 0.61 0.51 0.61 0.61 We Ratio 0.15 0.42 0.14 0.54 0.31 0.73 0.32 0.62 Control Delay 17.6 12.8 17.2 19.6 10.1 13.8 12.2 10.7 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.6 12.8 17.2 19.6 10.1 13.8 121 10.7 LOS B B B 8 8 B B B L17If00&16 40.011- GdONES caw aws.00a.aaz. iris am7e • F m F[ftec- NG> &¢e off. (SR 21) at 4mrnak -&Eaa ®r. 104 2013 PM Peak Background Traffic 12: Immokalee Dr. & N. 15th St. (SR 29) XAgnoXM71 Silver Strard1002 -000 Business PadABvnchrgQ13 PM Peak Background sar Lane Group EBL EDT EER '9UDL '1N9 T 1rVBR NBL NBT NBF' °BL ^BT °6F Approach Delay 13.4 19.3 13.4 10,8 Approach LOS 8 B B B 90th %Ile Green (s) 18.0 16.0 16.0 16.0 32.0 32.0 32.0 32.0 90th %Ile Term Code Hold Hold Max Max MaxR MaxR MaxR MaxR 70th %Ile Green (s) 94.6 14.6 14.6 14.6 32.0 32.0 32.0 32.0 70th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 50th %lie Green (s) 12.2 12.2 12.2 12.2 32.0 32.0 32.0 32.0 50th %die Term Code Hold Hold Gap Gap MaxR MaxR MaxR M"R 30th %Ile Green (s) 10.0 10.0 10.0 10.0 32.0 32.0 32.0 32.0 30th %Ile Term Code Min Min Min Min MaxR MaxR MaxR MaxR 10th %ile Green (s) 10.0 10.0 10.0 10.0 35.5 35.5 35.5 35.5 10th %Ile Term Code Min Min Min Min Dwell Dwell Dwell Dwell Queue Length 50th (ft) 9 33 10 62 12 164 9 124 Queue Length 95th (ft) 28 80 29 122 43 #381 38 257 Internal Link Dist (ft) 4081 2679 1620 2651 Turn Bay Length (ft) 140 150 160 105 Base Capacity(vph) 274 575 314 554 287 1125 194 1124 ' Starvation Cap Reductn 0 0 0 0 0 0 0 0 Spiliback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced vtc Ratio 0.13 0.37 0.12 0.47 0.31 0.73 0.32 0.52 intersection Summanr Area Type: Other Cycle Length: 80 Actuated Cycle Length: 57.3 Natural Cycle: 50 Control Type: Semi Act- Uncoord Maximum Wo Ratio: 0.73 Intersection Signal Delay: 13.3 Intersection LOS: B Intersection Capacity Utilization 88.1% ICU Level of Service E Analysis Period (min) 15 90th %Ile Actuated Cycle: 60 70th %lie Actuated Cycle: 58.6 50th %Ile Actuated Cycle: 58.2 30th %lie Actuated Cycle: 54 10th %Ile Actuated Cycle: 57.5 # 95th percentile volume exceeds capacity, queue maybe longer. Queue shown Is maximum after two cycles. ]H]20p61B5S2! Vex 611- GJONEB CVR W93.5 -WP6Ub TTIS363]B Appandat F — Fifteenth St. N. (SR 29) at iar mokaise Dr 2013 PM Peak Background Pius Project Traffic r N tt7 CC) C7w Immokalee Dr. 32_,w 101-. 132 z r17naoe10W Ver MI.G"es aaauoo. n1s 3M78 94 1°171 X34 Immokalee Dr. 105 • M .,,Aproanda x F - RftenLh SL Gds. (SR 26) st fimf%vcksbee Ca 106 2013 PM Peak Background Pule Project Traffic 12: Immukalee Dr. & H. 15th St. (SR 29) EEL EBT EEEF, 'AIE'L 'IUBT tWE'lZ 6:IEno949i1 Silver Strand1002 -000 Business PadhSvnohrai2013 PM Peak 8adroround of Proreet Lcen2sy7 I lk 'h 5 rG Large -'( oup EEL EBT EEEF, 'AIE'L 'IUBT tWE'lZ PlEL IIBT IIEF' '8L `ET 6F. Lane Configurations I lk 'h 5 rG * ;) T; Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (tt) 140 0 150 0 160 0 105 Storage Lanes 1 0 1 0 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 i 4.0 4.0 0 4.0 1 4.0 4.0 0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 Trailing Detector (it) 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 15 1.00 1.00 9 1.00 Frt 0.915 0.947 0.995 0.993 Flt Protected 0.950 0.950 0.950 0.950 Satd. Fiow(prot) 1770 1704 0 1770 1754 0 1770 1853 0 1770 1850 0 Flt Permitted 0.454 0.506 0.222 0.118 Satd. Flow (perm) 845 1704 0 943 1704 0 414 1853 0 220 1850 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 111 47 1 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 7 1.00 1.00 - Link Speed (mph) 30 30 30 Link Distance (ft) 4151 2759 1700 30 2731 Travel Time (s) 94.6 62.7 38.6 52.1 Volume(vph) 32 101 132 34 171 94 134 799 28 66 651 32 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 35 110 143 37 186 102 146 868 30 72 708 35 Lane Group Flaw(vph) 35 253 0 37 288 0 146 898 0 72 743 0 Turn Type Perm Perm Perm Perm Protected Phases 4 3 2 Permitted Phases 4 8 2 6 Detector Phases 4 4 8 8 2 2 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 16.0 16.0 6 16.0 5 16.0 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split(s) 22.0 22.0 0.0 22.0 22.0 0.0 38.0 38.0 0.0 38.0 38.0 0.0 Total Split( %) 36.7% 36.7% 0.0 %36.7% 36.7% 0.0% 63.3% 53.3% 0.0% 63..3% o3.3% 0.0% Maximum Green (s) 16.0 15.0 16.0 16.0 32.0 32.0 32.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadlLag Lead-Lag Optimize? Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3A 3.0 3,0 Recall Mode None None None Phone Max Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( # /hr) 0 0 0 0 0 0 Act Effct Green (s) 15.0 15.0 15.0 15.0 34.1 34.1 0 34.1 0 34.1 Actuated g/C Ratio 0.26 0 26 0.25 0.26 0.60 0.60 0.50 0.60 We Ratio 0.16 0.48 0.15 0.58 0.59 0.81 0.55 0.67 Control Delay 17.8 13.1 17.4 20.2 21.8 17.8 29.7 12.0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.8 13.1 17.4 202 21.8 17.8 29.7 12.0 ^^. LOS B S B C C B C B ]l72Dp8.188524 V .D11 -QMNES CW8 06035LOb002 -iTIS 30818 A P139rLdik F - R-Reenth St. o (SR 29) at CmtTlakadeq c r 2013 Phil Peak BackgFou td Plus Project Traffic 107 12: Immokalee Dr. & H. 15th St. (SR 29) XAEpgMM71 Silver StrandV002.000 Brir�.ys padASvn r 12013 PM Peak Badre d p e S en2 sy7 A Lane Group. E6L EBT EBR 4'l6L JV6T 'JVBR NBL N8f I46F '6L SEIT -6F Approach Delay 13.7 19.9 18.3 13.6 Approach LOS B B 90th %Ile Green (s) 16.0 16.0 16.0 16.0 32.0 32.0 32.0 B 32.0 904h %ile Teem Cade Max Max Max Max MaxR MaxR MaxR MaxR 70th %Ile Green (s) 15.7 15.7 157 15.7 32.0 32.0 32.0 32.0 70th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 50th %Ile Green (s) 13.0 13.0 13.0 13.0 :32.0 32.0 32.0 32.0 50th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 30th %lie Green (s) 10.5 106 10.5 10.5 32.0 32.0 32.0 32.0 30th %Ile Term Code Hold Hold Gap Gap MaxR MaxR MaxR MaxR 10th %lie Green (s) 10.0 10.0 10.0 10.0 32.5 32.5 32.5 32.5 10th %Ile Term Code Min Min Min Min Dwell Dwell Dwell Dwell Queue Length 50th (ft) 9 39 10 70 27 205 13 145 Queue Length 95th (ft) 28 93 29 134 #119 #489 #78 288 Internal Link Dist (ft) 4081 2679 1620 2551 Turn Bay Length (ft) 140 150 160 105 Base Capacity(vph) 254 588 283 561 248 1110 131 1109 Starvation Cap Reduotn 0 0 0 0 0 Spillbadr Cap Reduam 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 Reduced We Ratio 0.14 0.43 0.13 0.51 0 0.59 0 0.81 0 0.55 0 0.67 Interseotion Summa Area Type: Other Cycle Length: 50 Actuated Cycle Length: 57 1 Natural Cycle: 60 Control Type: Semi Act- Uneoord Maximum v/c Ratio: 0.81 Intersection Signal Delay: 16.4 Intersection LOS: B Intersection Capacity Utilization 93.5% ICU Level of Service F Analysis period (min) 15 90th %lie Actuated Cycle: 00 70th %Ile Actuated Cycle: 59.7 50th %lie Actuated Cycle: 57 30th %lie Actuated Cycle: 54.5 10th %lie Actuated Cycle: 54.5 # 95th percentile volume exceeds capacity. queue may be longer. Queue shown is maximum aftertmo cycles. vnrzooe� r�sae ver. on. carves waa OCB35 -000.0N. tTIB d03)e LM• co CD d AV AV cm cm d a e� x OL OL 19 0 C C Y CL CL L2 g ti L 0 9 Y U �u _ o - ° E ~ LL $e � $ 9 a C VI 4 a c *F • i S g $o Appendix G — Fifteenth St. W. (SR 29) at Lake Trafford Rd. 2006 AAA Peak Existing Conditions G7 t lf) m Co Z b4� Lake Trafford Rd. \ 74 217-4 276 27 V146 8 Lake Trafford Rd. 109 s v � r YkpPendlix G ® Fifteen di ft i�!;. (SR 29) at Lame ° raffl®Pd Rd. 110 2006 AM Peak Existing Conditions 8: Lake Trafford Rd. & N. 15th St. (SR 29) X•1Eng%04971 Silver Strandb702.000 Business P4d6Synahro B AM Peakscl Lane Gioup EBL EBT EBR 'OUBL W6 WBR NBL 149T 118F •=BL =BT °6F Lane Configurations It IT 4 u $ al Ta Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 0 Storage Lanes 0 1 0 0 1 0 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 50 Trailing Detector (it) 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Utll. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.01 Fri 0.850 0.980 0.980 0.969 Flt Protected 0.987 0.998 0.950 0.950 Satd. Flow(prot) 0 1839 1583 0 1822 0 1770 1825 0 1770 1805 0 Flt Permitted 0.878 0.978 0.182 0.824 Satd. Flow(perm) 0 1032 1583 0 1785 0 339 1825 0 1162 1805 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 300 15 21 22 Headway Factor 1.00 1.00 1.00 1.00 1A0 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 11026 2125 2731 2922 ---- Travel Time 250.6 48.3 62.1 56.4 Volume (vph) 74 217 276 8 14B 27 193 171 28 48 331 85 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 092 0.92 0.92 0.92 Adj. Flow(vph) 80 238 300 9 159 29 210 188 28 52 360 92 Lane Group Flow(vph) 0 310 300 0 197 0 210 214 0 52 452 0 Turn Type Perm Perm Perm pm +pt Perm Protected Phases 4 8 5 2 5 Permitted Phases 4 4 8 2 6 Detector Phases 4 4 4 8 8 5 2 6 5 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 18.0 18.0 16.0 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 16.0 22.0 22.0 22.0 Total Split(s) 22.0 22.0 22.0 22.0 22.0 0.0 10.0 38.0 0.0 22.0 22.0 0.0 Total Split(%) 381% 36.7% 36.7% 36.7% 36.7% O.0% 20.7% 63.3% 0.0% 36.7% 36.7% 0.0% Maximum Green (s) 18.0 16.0 16.0 18.0 16.0 10.0 32.0 18.0 18.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead-Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None clone None None None None Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 FlashDontWalk(s) 1110 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #!fit) 0 0 0 0 0 0 0 0 Act Effat Green (s) 15.2 16.2 16.2 34.0 34.0 18.0 19.0 Actuated g1C Ratio 0.28 0.28 0.28 0.58 0,918 0.31 0.31 vie Ratio 0.69 0.46 0.39 0.43 0.20 0.14 0.79 Control Delay 27.8 5.0 18.0 9.3 6.1 16.7 30.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 27.8 5.0 18.0 9.3 6.1 16.7 30.6 LOS C A B A A B C WilsonMiller, Inc. M3L2W6165M Ver. 011 -WOKE& 110 /1 06B]1L02- W0.1TR5 -YB@1 8C Appe dip G m Fif:aanth St, tr, (SCR: 29) at Lake ` rafiecd Rd 1 � 1 2006 fth Peak Existing Conditions 8: Lake Trafford Rd. & N. 15th St. (SR 29) Lane Group EBL EST EER 2(VBL 'ulrBT tN'BR NBL 1181 1488 ::=BL SBT SBR Approach Delay 16.7 18.0 7.7 29.2 Approach LOS B B A C 90th %ile Green (s) 16.0 16.0 18.0 16.0 16.0 10.0 32.0 18.0 16.0 90th %ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 70th %ile Green (s) 16.0 16.0 16.0 18.0 16.0 10.0 32.0 16.0 15.0 70th %ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 50th %ile Green (s) 1" 16.0 16.0 16.0 16.0 10.0 32.0 16.0 160 50th %ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 30th %ile Green (s) 13.8 13.6 13.8 13.5 13.6 10.0 32.0 16.0 16.0 30th %ile Term Code Gap Gap Gap Hold Hold Max MaxR MaxR MaxR 10th %ile Green (s) 10.0 10.0 10.0 10.0 10.0 10.0 32.0 16.0 16.0 10th %ile Term Code Min Min Min Hold Hold Max MaxR MaxR MaxR Queue Length 50th (ft) 98 0 51 33 30 14 142 Queue Length 96th (ft) 175 47 99 65 58 37 #286 Internal Li nk Dist(ft) 109,115 2045 2851 2842 Turn Bay Length (ft) 125 155 156 Base Capaoity(vph) 490 685 548 493 1074 359 573 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reducin 0 0 0 n 0 0 0 Storage Cap Reduotn 0 0 0 0 0 0 0 Reduced vfc Ratio 0.84 0.44 0.30 0.43 0.20 0 0.14 0 0.79 intersection aumrnAn, Area Type: Other Cycle Length: 00 Actuated Cycle Length: 58.3 Natural Cycle: 50 Control Type: Semi Act- Uncoord Maximum Wo Ratio: 0.79 Intersection Signal Delay: 18.3 Intersection LOS: B Intersection Capacity Utilization 71.9% ICU Level of Service C Analysis Period (min) 15 90th %ile Actuated Cycle: 50 70th %ile Actuated Cycle: 60 50th %ile Actuated Cycle: 60 30th Vie Actuated Cycle: 57.5 10th %ile Actuated Cycle: 54 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. arxrzood ream vec mi- moms cwa Oi9]1ePL000.rTAe -t8e21 `f E �, Appendix G ® Fifteenth St. H. (SR 29) at Lake Trafford Cad. 2013 AAA peak Background Lake Trafford Rd. Lake Trafford Rd. 8C 112 112 8C Appyendipx G ® RReeeoth 8u. ph. (iR 2S) as Lake Trallord Rd. 113 2013 AM Peak Background 8: Lake Trafford Rd. & N. 15th St. (SR 29) YSO4971 Silver Strind+002.000 Business PafAS3aLgUg X013 AM Peak Ba and sv3 -,6 s,#, 1. d Lane Group EEL EET EBR A6L JVBT 'I,Bk NBL 1'8T NER °6L SST s6P Lane Configurations 4 6 41 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 0 Storage Lanes 0 1 0 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 F rt 0.850 0.980 0.980 0.969 Flt Protected 0.987 0.998 0.950 0.950 Satd. Flow(prot) 0 1839 1583 0 1822 0 1770 1825 0 1770 1805 0 Flt Permitted 0.858 0.979 0.182 0.606 Satd. Flow(perm) 0 1617 1583 0 1787 0 339 1825 0 1129 1805 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 308 15 21 22 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) "- 30 30 30 30 Link Distance (ft) 11026 2912 2731 3282 Travel Time (s) 250.6 66.2 62.9 74,6 Volume (vph) 76 222 283 8 150 28 222 196 30 55 380 98 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 83 241 308 9 163 30 241 213 33 60 413 107 Lane Group Flow(vph) 0 324 308 0 202 0 241 246 0 60 520 0 Turn Type Perm Perm Perm pm +pt Perm Prote oted Phases 4 8 5 2 5 Permitted Phases 4 4 8 2 6 Detector Phases 4 4 4 8 8 5 2 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 16.0 16.0 6 16.0 Minimum Split(s) 22.0 22.0 22.0 22.0 22.0 16.0 22.0 22.0 22.0 Total Splits) 22.0 22.0 22.0 22.0 22.0 0.0 16.0 38.0 0.0 22.0 22.0 0.0 Total Split( %) 35.7% 30.7% 36.7 %36.7% 36.7% 0.0% 28.7% 63.3% 0.0% 35.7 %36.7% 0.0% Maximum Green (s) 16.0 16.0 16.0 16.0 15.0 10.0 32.0 16.0 16.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadlLag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None None None None None Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #fhr) 0 0 0 0 0 0 Act Effct Green (s) 15.4 16.4 16.4 34.0 34.0 0 18.0 0 18.0 Actuated g1C Ratio 0.28 0.28 0.28 0,58 0.58 0.31 0.31 vtc Ratio 0.72 0.46 0.39 0.49 0.23 0.17 0.91 Control Delay 29.1 5.0 18.1 10.7 5.4 17.1 43.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 29.1 5.0 18.1 10.7 6.4 171 43.3 LOS C A B B .A B D a2ezaao-+ man verai.cdories oseirno2 -oaa nns -2M21 113 • PPa,ndlI 0 - d itsvv irn 3u- W. (W U) a,i Uka Try €ford Rd, i14 2013 AN Peak Background 8: Lake Trafford Rd. & N. 15th St. (SR 29) XIE0gMM71 Sih% StrandY702 -000 Business P111AM0102913 AM peak Blgkaround sv7 -11" --a-- N' A, 4 9 1 1411 Lane Group EBL EBT EBR U"JBL WBT WIDR IIBL 118T IIBR SBL SBT SEF Approach Delay 17.3 15.1 8,6 40,6 Approach LOS B B A D 90th %Ile Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 32.0 16.0 16.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 70th %lie Green (s) 16.0 16.0 16.0 16.0 15.0 10.0 32.0 16.0 16.0 70th %lie Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 50th %ile Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 32.0 16.0 16.0 50th %Ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 30th %lie Green (s) 14.2 14.2 14.2 14.2 14.2 10.0 32.0 16A 16.0 30th %Ile Term Code Gap Gap Gap Hold Hold Max MaxR MaxR MaxR 10th %Ile sheen (s) 10.0 10.0 *10.0 10.0 10.0 10.0 32.0 16.0 16.0 10th %Ile Term Code Min Min Min Hold Hold Max MaxR MaxR MaxR Queue Length 50th (fl) 101 0 52 39 36 16 174 Queue Length 95th (ft) #167 46 102 82 67 41 #350 Internal Link Dist (ft) 10946 2832 2651 3202 Turn Bay Length (ft) 125 155 155 Base Capac:4(vph) 485 691 547 492 1072 348 572 Starvation Cap Reductn 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 Reduced vie Ratio 0.67 0.45 0.37 0.49 0.23 0.17 0,91 Intersection Summary Area Type: Other Cycle Length: 60 Actuated Cycle Length: 58.4 Natural Cycle: 50 Control Type: Semi pct- Uncoord Maximum via Ratio: 0.91 Intersection Signal Delay: 22.3 Intersection LOS: C Intersection Capacity Utilization 77.5% ICU Level of Service D Analysis Period (min) 16 90th %Ile Actuated Cycle: 60 70th %ile Actuated Cycle: 60 50th %Ile Actuated Cycle: 60 30th %ire Actuated Cycle. 58.2 10th %Ile Actuated Cycle: 54 # 95th percentile volume exceeds capacity, queue maybe longer. [queue shown is maximum after two cycles. �iurzws rswn wr mi- caoues o`ea°ir -0ozaoo- rrns -zeazr 114 AppendiK G e Fifteenth St. N� (SR 29) at fake Trafford Rd. 2013 Aft Peak Background Plus Project Traffic u' CO rrn CN V W Z �� 8 Lake Trafford Rd. J/ Lake Trafford Rd. 7 2277 -13 I 297-'%A N N M 115 assrz000- ieean v,� ni -GJm ES aeiimz000- nns:eoz+ 115 8C AppendjN 0 - Fifteenth &t. Ne CSR 29) at Lake Trafford ord Rd. 116 2013 ARC Peak Background Plus project Traffic 8: Lake Trafford Rd. & N. 15th St. (SR 29) ENL EBT EER &WXa+A4971 Sllver StrandV002-0Op BudnB�dne�s PadASxnchroA2O13 as Peak 8ackarour d plus proiect Scent sy7 HBT I9BR 56L g Lane oraup ENL EBT EER '(WBL 'Or6T fu BP. 146L HBT I9BR 56L SET S:EP Lane Configurations ..gj P Ideal Flow(vphpi) 1900 1900 1900 1900 9900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 0 Storage Lanes 0 1 0 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 50 Trailing Deteotor(ft) 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 0 Lane Utll. Factor 1.00 1.00 1.00 1.00 1.00 1.00 120 1.00 1.00 1.00 1.00 9 1.00 Frt 0.850 0.977 0.981 0.971 Flt Protected 0.988 0.998 0.950 0.950 Satd. Flow(prot) 0 1840 1583 0 1816 0 1770 1827 0 9770 1809 0 Flt Permitted 0265 0.979 0.182 0.598 Satd. Flow(perm) 0 1811 1583 0 1782 0 339 1827 0 1114 1809 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 323 18 20 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 20 1.00 1.00 ..-. Link Speed (mph) 30 30 30 30 Link Distance (ft) 11026 3780 2731 3522 Travel Time (s) 250.6 85.9 62.1 80.0 Volume (vph) 78 227 297 a 152 33 227 210 30 69 418 98 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 83 247 323 9 185 36 247 228 33 75 454 107 Lane Group Flow(vph) 0 330 323 0 210 0 247 251 0 75 561 0 Turn Type Perm Perin Perm pm¢pt Perm Protected Phases 4 8 5 2 Permitted Phases 4 4 8 2 5 Dete otor Ph ases 4 4 4 8 8 5 2 0 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 16.0 6 16.0 6 18.0 Minimum Splits) 22.0 22.0 22.0 220 22.0 16.0 22.0 22.0 22.0 Total Split(s) 22.0 22.0 22.0 22.0 22.0 0.0 15.0 38.0 0.0 22.0 22.0 0.0 Total Split( %) 36.7% 36.7% 36.7% 36.7% 36.7% 0.0% 26.7% 63.3% 0.0% 36.7%36.756 0.0% Maximum Green (S) 15.0 16.0 18.0 15.0 16.0 10.0 32.0 18.0 15.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3,0 Recall Mode None None None None None None Max Max Max Walk Time (s) 5.0 5.0 5.0 50 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #!hr) 0 0 0 0 0 Act Effct Green (s) 15.5 16.5 16.5 34.0 0 34.0 0 18.0 0 18.0 Actuated g/C Ratio 028 0.28 0.28 0.58 0.58 0.31 0.31 Wo Ratio 0.73 0.48 0.41 0.50 0.24 0.22 0.98 Control Delay 29.9 5.0 18.1 11 1 6.6 17.8 57.6 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 29.9 5.0 18.1 11.1 5.5 17.6 57.6 .-. LOS C A S 8 A B E 4I25120R+18BW] Var:011 -O ES c..a 11 V G M9]1- 002 -W0. iTAS -28021 PP(E0 uc,[X m F�eel°Lih St 1", PR 241 at Lake Tr&-Kord AcL 2013 AM Peak Background Mus Project Traffic 8: Lake Trafford Rd. & N. 15th SC (SR 29) Lane Group, EEL ES-1 EBR 'eUBL AfB-1 'IVER NEL NBT NER EL SST BP. Approach Delay 17.8 1g q - 8A -- - 52'9 Approach LOS B ® A 90th %ile Green (s) 46.0 18.0 76.0 18.0 18.0 10.0 32.0 18.0 0 18.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 70th %ile Green (s) 18.0 18.0 18.0 16.0 18.0 70.0 32.0 18.0 16.0 70th %ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 50th %Ile Green (s) 1510 15.0 16.0 18.0 16.0 10.0 32.0 16.0 16.0 50th %Ile Term Code Max Max Max Hold Hold Max MaxR MaxR MaxR 30th %Ile Green (s) 14.5 14.5 14.6 14.5 14.5 10.0 32.0 15.0 15.0 30th %Ile Term Code Gap Gap Gap Hold Hold Max MaxR MaxR M"R 10th %ile Green (s) 10.2 10.2 10.2 10.2 102 10.0 32.0 16.0 18.0 10th %Ile Term Code Gap Gap Gap Hold Hold Max MaxR MaxR MaxR Queue Length 50th (ft) 104 0 54 40 39 20 -198 Queue Length 95th (ft) #205 49 105 85 71 49 #386 Internal Link Dist (ft) 10948 3700 2651 3442 Turn Bay Length (ft) 125 155 155 Base Capacity(vph) 483 701 547 491 1071 343 571 Starvation Cap Reducin 0 0 0 0 Spilihack Cap Reductn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 Reduced vlc Ratio 0.68 0.46 0.38 0.50 0.24 0 0.22 0 0.98 Ir,terseciiori Summary Area Type: Other Cycle Length: 60 Actuated Cyele Length: 58.5 Natural Cycle: 86 Control Type: Semi Act- Unceord Maximum vfo Ratio: 0.98 Intersection Signal Delay: 20.8 Intersection LOS: C Intersection Capacity Utilization 80.5% ICU Level of Service D Analysis Period (min) 15 90th %Ile Actuated Cycle: 80 70th %ile Actuated Cycle: 60 50th %Ile Actuated Cycle: 60 30th %ile Actuated Cycle: 58.5 10th %Ile Actuated Cycle: 54.2 a Volume exceeds capacity, queue is theoretica lly infinite. Queue shown is maximum after bran cycles. # 95th percentile volume exceeds capacity, queue may tre longer. Queue shown is maximum after two oycles. �8 C arzaz0as lawn Wr 011- ceowes �e�nmzmo- nnazeazr 117 r • 00 R u s k eg aS S'1a a • 00 R u s k eg aS S'1a Appendbc G — Ir fteenth St. buf. (SR 26) at Lake TrafrGord Rd 2006 PM Peak Existing Conditions i` CD ®s OD 19t at} Lake Trafford Rd. 67 148 244°y ]/i]200&ib3521 Vx.MI -GJON S uM 01936UOOL3L TT19 30378 Z 33 V298 25 Lake Trafford Rd. v ,18 C call ME � I1•a�b ® Flftae i¢h St, o PA 29) all Lake Ti Patti ®FO`' Ad.. 120 2006 PM Peak Existing C®nS96ta®ns 8: Lake Traffoud Rd. & N. 15th St. (SR 29) XtEn ®V74971 Silver SivangdV002A00 8uslne NINY11010=1 PM Eldk- Z Lane Group EBL EBT EBR in18L iWE,T kl*F, IdBL NBT HBF' "BL SOT =BF, Lane Configurations A. Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 0 Storage Lanes 0 1 0 0 1 0 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Leading Deteotar(ft) 50 50 50 50 50 50 50 50 50 Trailing Detector(lt) 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fd 0.850 0.987 0.985 0.971 Flt Protected 0.985 0.997 0.950 0.950 Satd. FIow(prot) 0 1835 1583 0 1833 0 1770 1835 0 1770 1809 0 Flt Permitted 0.540 0.954 0.148 0.439 Satd. Flow(perm) 0 1192 1583 0 1772 0 276 1835 0 818 1809 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 265 8 15 21 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1A0 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 .--- Link Distance (ft) 11028 2944 2731 3022 Travel Time (s) 250.6 66.9 62.1 58.7 Volume (vph) 67 148 244 25 298 33 330 494 56 51 407 99 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj.Flow(vph) 73 161 255 27 324 36 359 537 81 55 442 108 Lane Group Flow(vph) 0 234 255 0 :387 0 359 598 0 55 550 0 Turn Type Perm Perm Perm pm +pt Perm Protected Phases 4 8 5 2 5 Permitted Phases 4 4 8 2 5 Detector Phases 4 4 4 8 8 5 2 6 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 15.0 16.0 16.0 Minimum Splits) 22.0 22.0 22.0 22.0 22.0 16.0 22.0 22.0 22.0 Total Splits) 22.0 22.0 22.0 22.0 22.0 0.0 16.0 43.0 0.0 27.0 27.0 0.0 Total Split( %) 33.8% 33.8% 33.8 %33.8% 33.8% 0.0% 24.6% 66.2% 0.0% 41.5 %41.5% 0.0% Maximum Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 37.0 21.0 21.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4,0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 30 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None None None None None Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 FlashDontWslk(s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #thr) 0 0 0 0 0 0 0 0 Act Effct Green (s) 17.2 171 17.2 39.0 39.0 23.0 23.0 Actuated gtC Ratio 0.27 0.27 0.27 0.61 0.61 0.36 0.35 Wo Ratio 0.73 0.43 0.80 0.80 0.53 0.19 0.83 Control Delay 37.3 5.3 36.6 28.4 9.5 15.7 31.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 37.3 5.3 36.6 28.4 9.5 16.7 31.9 ^. LOS D A D C A e C ]/11/2006180520 Ver. 011- GJONES ww 06335L0600[ -Tr1S 20:113 rem • Appendi), G ® Fifteenth & n-o (SK 29) at Lake Trs Nord Rd. 121 2006 PM Peak Existing Condkions 8: Lake Trafford Rd. & N. 15th St. (SR 29) X;kEno104971 Silver 9trand100200 Bu:inoK_ aa.uc,., ghIot2006 PM Pllgk07 Lane Group EEL EDT EBF' 06L 'wUBT WE(F. fJPLL fJET 1,BF: SBL $DT c:EF Approach Delay 20.3 36.6 16.8 30.5 Approach LOS C D a C 90th %ile Green (s) 1610 18.0 16.0 16.0 16.0 10.0 37.0 21.0 21.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 70th %ile Green (s) 16.0 18.0 16.0 16.0 16.0 10.0 37.0 21.0 21.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 50th %ile Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 :37.0 21.0 21 A 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 30th %ile Green( ,,) 16.0 18.0 18.0 16.0 16.0 10.0 37.0 21.0 21.0 30th %Ile Term Code Hold Hold Hold Max Max Max MaxR MaxR MaxR 10th %ile Greens) 12.3 12.3 12.3 12.3 12.3 10.0 37.0 21.0 21.0 10th %lie Term Code Hold Hold Hold Gap Gap Max MaxR MaxR MaxR Queue Length 50th (ft) 83 0 138 82 119 15 189 Queue Length 95th (ft) 4181 48 #288 #215 195 39 #358 Internal Link Dist(ft) 10940 2864 2651 2442 Turn Bay Length (ft) 125 155 155 ....- Base Capaoity(vph) 330 630 496 446 1120 293 562 Starvation Cap Reductn 0 0 0 0 0 0 0 Spillbaok Cap Reduotn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 Reducedv /o Patio 0.71 0.42 0.78 0.80 0.53 0.19 0.83 Intersection SummaDZ Area Type. Other Cycle Length: 65 Actuated Cycle Length: 64:3 Natural Cycle: 65 Contra] Type: Semi Aot- Uncoord Maximum Wo Ratio: 0.83 intersection Signal Delay: 24.0 Intersection LOS: C intersection Capacity Utilization 89.8% ICU Level of Service E Analysis Period (min) 15 90th %ile Actuated Cycle: 85 70th %ile Actuated Cycle: 65 50th %Ile Actuated Cycle: 65 30th %ile Actuated Cycle: 85 10th %Ile Actuated Cycle: 61.3 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum aftertwwo cycles. 2N]f11108- 1�,4R/ Vx MI- GJ05£8 Cola 01935- Op0 -0U2- iT1S 303)8 Appand c G a Fifteenth St. W. (SR 29) at Lake Trafford Rd. 122 2 013 PM Peak Background Traffic Lake Trafford Rd _ X172 100 Ver.011 -GJ NM UItl C{935i100L02 -1"fl8 309]0 Lake Trafford Rd. CAU .,,ptaeridL 0 m FlftasMh St. ox',- (SR 29) at Lake Traff ord lk& 123 � iJ 2013 Pahl Peak Background Traffic 8: Lake Trafford Rd. & N. 15th St. (SR 29) -6, 'v ' A, 4, f 3P %. 4 "F _ane Group EEL EB'r EBP 'do rBL '09T WBPo N 9 L t + D T NBR. SBL SET 'cEB Lane Configurations r 16-11 T: T .<, IdealFlaw(vphpl) 1900 1900 1900 1900 7900 1900 1900 1900 1900 9900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 0 Storage Lanes 0 1 0 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector(ft) 50 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 0 15 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 9.00 1.00 1.00 1.00 1.00 9 1.00 Frt 0.850 0.987 0.985 0.971 Flt Protected 0.985 0.996 0.950 0.950 Said. Flow(prot) 0 1835 1583 0 1831 0 1770 1835 0 1770 1809 0 Flt Permitted 0.679 0.964 0.182 0,404 Satd. Flow (perm) 0 1265 1583 0 1772 0 339 1835 0 753 1809 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow(RTOR) 272 9 16 21 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ^ Link Speed (mph) 30 30 30 36 Link Distance (ft) 91026 3011 2739 3225 Travel Time (s) 250.6 68,4 82.h 73,3 Volume (vph) 69 152 250 26 305 34 379 567 64 59 468 114 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 75 165 272 28 332 37 412 516 70 64 509 124 Lane Group Flow(vph) 0 240 272 0 397 0 412 686 0 54 633 0 Turn Type Perm Perm Perm pm +pt Perm Protected Phases 4 8 5 2 Permitted Phases 4 4 8 2 5 Detector Phases 4 4 4 8 8 5 2 6 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 16.0 16.0 6 16.0 Minimum Splits) 22.0 22.0 22.0 22.0 22.0 16.0 22.0 22.0 22.0 Total Split (s) 22.0 22.0 22.0 22.0 22.0 0.0 16.0 38.0 0.0 22.0 22.0 0.0 Total Split(%) 35.7% 36.7% 36.7%36.7% 36.7% 0.0% 267% 63.395 0.0% 35.7%36.7% 0.0% Maximum Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 32.0 16.0 16.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadfLag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3A Recall Mode 'Valk None None None None None None Max Max Max Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #thr) 0 0 0 0 0 0 Act Effet Green (s) 17.0 17.0 17.0 34.0 34.0 0 18.0 0 18.0 Actuated giC Ratio 029 0.29 0.29 0.58 0.58 0.31 0.31 Wo Ratio 0.66 0.42 0.77 0.85 0.64 0.28 1,92 Control Delay 28.6 4.8 30.7 305 12,0 20.9 98.2 -. Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 28.6 4.8 30.7 30.5 12.0 20.1 982 LOS C A C C B C F W7¢rp lmu V.: 011 -GioN cww 00838iN0002 -Trl &303]8 Appera��ee 0 e Fi tteer ,ur[q St is. (6R 29) C Lake Trafford Cad. 2013 PM Peak Background `traffic 8: Lake Trafford Rd. & N. 15th St. (SR 29) X:lEnab4971 Silver Strand+A02.000_ Busine�paiASvnchraL +'� PRe P Bapla ro a 7 Lane Group EBL EBT EBF' 0116L WBT nfER NHL NEi HER SEL SEi SBF. Approach Delay 16.0 30.7 19.0 91.0 Approach LOS 8 C B 90th %ile Green (s) 95.0 18.0 15.0 16.0 16.0 10.0 32.G 16.0 F 16.0 90th %ils Term Code Max Max Max Max Max Max MaxR MaxR MaxR 70th %ile Green (s) 16.0 16.0 16.0 16.0 16.0 10.0 32.0 15.0 16.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 50th %ile Green (s) 16.0 15.0 16.0 16.0 16.0 10.0 32.0 10.0 15.0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 30th %Ile Green (s) 95.8 15.8 15.8 15.8 15.8 10.0 32.0 15.0 16.0 30th %Ile Term Code Hold Hold Hold Gap Gap Max MaxR MaxR MaxR 10th %Ile Green (s) 11.3 11.3 113 11.3 11.3 10.0 32.0 16.0 16.0 10th %Ile Term Code Hold Hold Hold Gap Gap Max MaxR MaxR MaxR Queue Length 50th (ft) 74 0 125 89 148 18 -272 Queue Length 95th (ft) #15C 45 #246 #236 250 46 #454 Internal Link Dist (ft) 10946 2931 2651 3145 Turn Bay Length (ft) 125 155 155 Base Capacity(vph) 380 665 538 487 1065 230 557 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 G 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 Reduced vic Ratio 0.83 0.41 014 0.85 0,64 0 0.28 0 1.12 Intersection Summary Area Type: Other Cycle Length: 60 Actuated Cycle Length: 59 Natural Cycle: 85 Control Type: Semi Act-Uncoord Maximum vie Ratio: 1.12 Intersection Signal Delay: 38.7 Intersection LOS: D Intersection Capacity Utilization 97.3% ICU Level of Service F Analysis Period (min) 15 90th %Ile Actuated Cycle: 50 70th %ile Actuated Cycle: 80 50th %Ile Actuated Cycle: 60 30th %Ile Actuated Cycle: 59.8 10th %Ile Actuated Cycle: 55.3 Volume exceeds capacity, queue is theoretically infinite. Queue shown Is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after tvve cycles. L1i1200& 105521 Vu.O11� aJoues Mu 0{p3S-000.002- Mfr 903 >0 124 H07, Appendix G o Foffteenth St. H. (SR 26) at Lake Trafford Rd. 2013 PM Peak Background Plus Project Traffic r 26 �ocvz 57 —313 Lake Trafford Rd. ✓ Lake Trafford Rd. 69 157 -4 ..��ll M� v 264 d ®- � �O 30178 1258 Y1il]OOS 1B55?A Ver:011�GJONES c Nl 01L95000M2 -TTIS ,` Ws di-x G ® Rfteertuh Bt. K'. (SR 2S) at Lake Trafford Rd, 2013 PM Peak Background Pius Project Traffic 8: Lake Trafford Rd. & H. 15th St. (SR 29) _EL E61 EER dI;EL 'UUBT WELF, NBL NEi NEIP ^EL =4 �Er Lane Configurations -9 �1 4 ri Ideal Flaw (vphpi) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 125 0 0 155 0 155 Storage Lanes 0 1 0 0 1 0 1 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 4.0 Leading Detector (ft) 50 50 50 50 50 50 50 50 50 Trailing Detector (ft) 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 0 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9 1.00 15 1.00 1.00 9 1.00 Fd 0.850 0.981 0.986 0.972 Flt Protected 0.985 0.997 0.950 0.950 S atd. FIovo(p rot) 0 1835 1583 0 1822 0 1770 1837 0 1770 1811 0 Fit Permitted 0.653 0.986 0.182 0.379 S atd. F l ow (p a rm) 0 1216 1583 0 1765 0 339 1837 0 706 1811 0 Right Turn on Red Yes Yes Yes Yes Said. Flow(RTOR) 287 14 14 19 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 11026 3335 2731 2970 Travel Time (s) 250.6 75.9 62.1 67.6 Volume(vph) 69 157 284 26 313 57 403 631 84 72 508 114 Peak Hour Factor 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 75 171 287 28 340 62 438 888 70 78 5W 124 Lane Group Flo"(vph) 0 246 287 0 430 0 438 756 0 78 674 0 Turn Type Perm Perm Perm pm +pt Perm Protected Phases 4 8 5 2 Permitted Phases 4 4 8 2 6 Detector Phases 4 4 4 8 8 5 2 6 Minimum Initial (s) 10.0 10.0 10.0 10.0 10.0 10.0 16.0 6 16.0 5 16.0 Minimum Splits) 22.0 22.0 22.0 22.0 22.0 16.0 22.0 22.0 22.0 Total Split(s) 22.0 22.0 22.0 22.0 22.0 0.0 18.0 38.0 0.0 22.0 22.0 0.0 Total Split( %) 36.7% 35.7% 36.7% 36.7% 36.7% 0.0'!0 20.7% 63.3% 0.0% 36.7 %:36.7% 0.0% Maximum Green (s) 15.0 16.0 16.0 18.0 18.0 10.0 32.0 16.0 16.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadJLag Lead Lag Lag Lead-Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3A 3.0 3.0 3.0 3A 3.0 Recall Mode None None None None None None Max Max Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walks) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls(Whr) 0 0 0 0 0 Act Effct Green (s) 17.3 17.3 17.3 34.0 0 34.0 0 18,0 0 18,0 Actuated g!C Ratio 0.29 0.29 0.29 0.57 0.57 0.30 0.30 vie Ratio 0.69 0.43 0.82 0.90 0.71 0.36 1.20 Control Delay 31.2 4.8 34.4 38.5 13.9 22F 128.3 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 312 43 34.4 38.5 13.9 22.5 128.3 LOS C A C D B C F vrnz000- r�su ver. ml- clones caw %M5006005 - 'M& 30370 126 • ppandoa( G m FM:99€rti;h j!, u. �,4. (SR, 29) at Uatke VEaJ1fdard rid. 20t3 FWfi Peak Background P us Project Traffic 8: Lake Trafford Rd. & N. 15th St (SR tuna Area Type: Other Cycle Length: 60 Actuated Cycle Length: 59.3 Natural Cycle: 80 Control Type: Semi Act- Uncoord Maximum v1c Ratio: 120 Intersection Signal Delay: 47.9 Intersection LOS: D Intersection Capacity Utilization 102.7% ICU Level of Service G Analysis Period (min) 15 90th %Ile Actuated Cycle: 60 70th %Ile Actuated Cycle: 60 50th %Ile Actuated Cycle: 60 30th %Ile Actuated Cycle: 60 10th %ile Actuated Cycle: 56.5 w Volume exceeds capacity. queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity. queue may be longer. Queue shown is maximum aftertwo cycles. �mn000- rrau vec ors- o.aNes 0189S000W2.1TI$ 30118 127 Ms pane Group EBL E61 EER a4L W6 WEIR 149L 140T NBF; sEL EBT REF. Approach Delay 17.0 3 4.4 '23 -- 117 : Approach LOS B C C C 90th %Ile Green (s) 16.0 18.0 16.0 16.0 16.0 10.0 32.0 15.0 f 16.0 90th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 70th %Ile Green (s) 18.0 16.0 16.0 16.0 16.0 10.0 32.0 18.0 16.0 70th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 50th %Ile Green (s) 16.0 15.0 16.0 18.0 16.0 10.0 32.0 16.0 16.0 50th %Ile Term Code Max Max Max Max Max Max MaxR MaxR MaxR 30th %Ile Green (s) 16.0 18.0 16.0 160 16.0 10.0 32.0 16.0 16.0 30th %Ile Term Code Hold Hold Hold Max Max Max MaxR MaxR MaxR 10th %Ile Green (s) 12.5 12.5 12.5 12.5 12.5 10.0 32.0 1&0 16.0 10th %Ile Term Code Hold Hold Hold Gap Gap Max MaxR MaxR MaxR Queue Length 50th (ft) 77 0 137 101 175 22 -308 Queue Length 95th (ft) #170 46 #275 #261 296 57 #492 I me rn a l Li nk D ist(ft) 10945 3255 2551 2890 Turn Bay Length (11) 125 155 155 Base Capaoity(vph) 365 678 539 484 1060 215 564 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 Reduced Wo Ratio 0.87 0.42 0.80 0.90 0.71 0 0.36 0 1.20 tuna Area Type: Other Cycle Length: 60 Actuated Cycle Length: 59.3 Natural Cycle: 80 Control Type: Semi Act- Uncoord Maximum v1c Ratio: 120 Intersection Signal Delay: 47.9 Intersection LOS: D Intersection Capacity Utilization 102.7% ICU Level of Service G Analysis Period (min) 15 90th %Ile Actuated Cycle: 60 70th %Ile Actuated Cycle: 60 50th %Ile Actuated Cycle: 60 30th %Ile Actuated Cycle: 60 10th %ile Actuated Cycle: 56.5 w Volume exceeds capacity. queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity. queue may be longer. Queue shown is maximum aftertwo cycles. �mn000- rrau vec ors- o.aNes 0189S000W2.1TI$ 30118 127 Ms 00 T €U � m Ad 49 x 06 4 rn a d o d F A H � � r N M O rn #O tD C rn N 0 N N H y H c m c 0 a cR Ti n m N N C O c C O U c a Q d rn `u o o c U rn 0 `0 r a c Fes- to K F� O s N r `e � k 3pp� �3S 4° 2013 AM Peak Background �!1 Concrete Plant Entrance Alain Entrance South Entrance q 8C 29 %1 -002AOLL E 29 M& 2M1 8C A,pvpeo dhl, H — Prop ect Erd�FFILICGS 130 2013 AM Peak Background _ North (Concrete PWntt) Entrance Un- Signalized 18: Concrete Plant Entrance & Immokalee Rd. (CR 848) 8;iEnra104971 Silver StrsndV]02 000 8rrsioess Pal7RSvnchro +2073 AAA Peak Sad¢crcund '% I 44ovemeni &BL 0DR 1467 I4BR SBL SB T Lane Configurations Sign Control Stop Free Free Orade 0% 0% 0% Volume (vehlh) 19 1 735 29 1 771 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 21 1 800 32 1 838 Pedestrians Lane Width (ft) Walking Speed (ftts) Percent Blockage Rightturn flare (veh) Median type Raised Median storage veh) 2 Upstream signal (ft) 1313 PA. platoon unblocked vC, conflicting volume 1221 400 832 vC1, stage 1 conf vol e00 vC2, stage 2 conf vo1 421 vCu, unblocked vol 1221 400 832 tC, single (s) 6.8 6.9 4.1 tC, 2 stage (s) 5.8 tF (s) 3.5 3.3 22 PO queue free % 94 100 100 cM capa city (vehth) 361 600 797 'vitection, Lane m WB 1 14B 1 NB 2 N93 SB 1 SB 2 S83 Volume Total 22 400 400 32 1 419 419 Volume Left 21 0 0 0 1 0 0 Volume Right 1 0 0 32 0 0 0 cSH 358 1700 1700 1700 797 1700 1700 Volume to Capacity 0.06 0.24 024 0.02 0.00 0.25 0.25 Queue Length 95th (ft) 5 0 0 0 0 0 0 Control Delay(s) 15.4 0.0 0.0 0.0 9.5 0.0 0.0 Lane LOS C A Approach Delays) 15.4 00 0.0 !approach LOS C !ntersectlon Sur'rnery Average Delay 0.2 Intersection Capacity Utilization 31.3% ICU Level of Service .ca Analysis Period (min) 15 U� IGW7 VY. Mi- GJONES `497 130 oasn -wz.mo- npszeoz+ m• Appenft H — Project Entrances 3013 AM Peak Background pious Project M r _O C4 j Concrete Plant ® o W 00 X58 no 131 123 /30Cb INS " vd:ou -GJ S cuu wsT,��M, 131 T rf 00m � /South Entrance no 131 123 /30Cb INS " vd:ou -GJ S cuu wsT,��M, 131 M• APPOi Oix E, - Pra�sct Entrances 132 2013 AN Peak Background Mus Project - North (Concrete Mant) Entrance Un- Signa@9zed 15: Batch Plant Entrance 8. immokalee Rd. (CR 846) XLngMM71 Silver Strand1002.000 Business R dA@x ohroi2093 Air a R a, nd olus Proe of 5oen2 sy 4e 41 1 :Movement 1fu'AL twa F: NBT Ii BR 'SAL SBT Lane Configurations n Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehfh) 0 47 805 53 82 1013 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 51 875 58 89 1101 Pedestrians Lane Width (ft) Walldng Speed (fds) Percent Blockage Right turn flare (veh) Median type Raised Median storage veh) 2 Upstrearr. signal (ft) 1313 pX. platoon un69odred 0.92 0.92 0.92 vC, conflicting volume 1604 438 933 vCI. stage 1 conf vol 875 vC2. stage 2 conf vn1 729 vCu. unblocked vol 1571 309 845 tC. single (s) 8.8 6.9 4.1 X. 2 stage (s) 5.8 tF (s) 3.5 3.3 2.2 P0 queue free 45 100 92 Be OM capacity(veh /h) 276 635 728 Direction. Lane # 'dUA 1 148 1 NB 2 IJB': S8 1 SE) 2 SB 3 Volume Total 51 438 438 58 89 551 551 Volume Left 0 0 0 0 89 0 0 Volume Right 51 0 0 58 0 0 0 OSH 635 1700 1700 1700 728 1700 1700 volume to Capacity 0.08 0.26 0.26 0.03 0.12 0.32 0.32 Queue Length 95th (ft) 7 0 0 0 10 0 0 Control Delay(_) 11.2 OA 0.0 0.0 10.6 0.0 0.0 Lane LOS 8 B Approach Delay(s) 11.2 0.0 0.8 Approach LOS B !nterzecdion Summar.. Average Delay -- 0.7 - -- - Intersection Capacity Utilization 401% ICIJ Level of Service A Analysis Period (min) 15 dRNt006 IBM" Ve.O I -GJON I cuu W811O�2 -0OOiiAS 2BJ21 132 8� vnii1$ G� ® lrr®�mct Er18rancea 133 20 13 AM Peak Background phis Pr®gec6 - Mabn Entrance Un- S9gnafted 27: Main Entrance & Immokalee Rd. (CR 840) X,9paV %71 Sllver Mrand+D024000 B Business P PadASvnohr012013 A AM Peak B Bad¢ r round olus Proieot Scent sr7 fie 1 1 i,acnrement ' 'V1 +61- u uVBR 1 14BT t tdBR : : BL - -,BT Lane Configurations ' '; � �' p p,4. " " 7 71 R R - - -- Sign Control S Stop F Free F Free Grade 0 0% 0 0% 0 095 Volume (vehlh) 9 97 5 58 7 771 1 120 2 209 8 803 Peak Hour (Factor 0 0.92 0 0.92 0 0.92 0 0.92 0 0.92 0 0.92 H o u rly fl ow rate(vp h) 1 105 5 53 8 838 1 130 2 227 8 873 Pedestrians Lane Width (ft) Walking Speed (fds) Peroent Blockage Right turn flare (veh) Median type Raised Median storage veh) 2 2 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1 1729 4 419 9 958 �. vC1, stage 1 conf vol 8 838 vC2, stage 2 conf vol 8 891 vCu, unblocked vol 1 1729 4 419 9 968 tC, single (s) 6 6.8 6 6.9 4 4.1 tC, 2 stage (s) 5 5.8 tF (s) 3 3.5 3 33 2 2.2 p0 queue free % 4 49 8 89 B Be OM ca p a eity(ve h1h) 2 207 5 583 7 707 Direction, Lane # ' '49 1 W W6 2 ' '48 3 N N6 1 N N6 2 N NB 3 S S61 S Se 2 S SB 3 Volume Total 5 53 5 53 6 63 4 419 4 419 1 130 2 227 4 436 4 436 Volume Left 5 53 5 53 0 0 0 0 0 0 0 0 2 227 0 0 0 0 Volume Right 0 0 0 0 6 63 0 0 0 0 1 130 0 0 0 0 0 0 cSH 2 207 2 207 5 583 1 1700 1 1700 1 1700 7 707 1 1700 1 1700 Volume to Capacity 0 0.26 0 0.26 0 0.11 0 0.25 0 0.25 0 0.08 0 0.32 0 0.26 0 0.26 Queue Length 95th (ft) 2 24 2 24 9 9 0 0 0 0 0 0 3 35 0 0 0 0 Control Delays) 2 28.3 2 28.3 1 11.9 0 0.0 0 0.0 0 0.0 1 12 0 0.0 0 0.0 Lane LOS D D D D 9 9 8 8 Approach Delay (s) 2 22.2 O OA 2 2.0 Approach LOS C C Iraerseotior, Summary Average Delay 2 2.9 Intersection Capacity Utilization 462% I ICU Level of Service A A. Analysis Period (min) 1 15 133 Ap P9111L X h - Project Entrances 134 2 013 AM Peak Background p9us Project _,vain Entrance Signafted 27: Main Entrance & Immokalee Rd. (CR 848) X:IEnoV04971 Sllver StrandVD02.000 BM�neaf PadhBvnahro`3n�3 Apo Peak Badterolnd DIMS ProU c sy7 Lane Group _1WEBL 10.CeR NST 1468 'c Bl_ £:BT Lane Configurations '}'1 0 11. Gr cl u. - - -- Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 Total Lost Time 411 4.0 4.0 4.0 4.0 4.0 Leading Detector(ft) 50 50 50 50 50 50 Trailing Detector(ft) 0 0 0 0 O 0 Turning Speed (mph) 15 9 9 15 Lane Utll. Factor 0.97 1.00 0.96 1.00 1.00 0.96 Frt 0.850 0.850 Flt Protected 0.950 0.950 S atd. FIow(p rot) 3433 1583 3539 1583 1770 3539 Flt Permitted 0.950 0,182 Satd. Flow(perm) 3433 1583 3539 1583 339 3539 Right Turn on Red Yes Yes Satd. Flow(RTOR) 53 130 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 Link Distance (ft) 3803 1327 1313 Travel Time (s) 86.4 30.2 29.8 Volume (vph) 97 58 771 120 209 803 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Fiow(vph) 105 83 838 130 227 873 Lane Croup Flow(Nph) 106 53 838 130 227 873 Turn Type Perm Perm pm +pt Protected Phases 8 2 1 6 Permitted Phases 8 2 8 Detector Phases 8 8 2 2 1 5 Minimum Initial (s) 10.0 10.0 16.0 16.0 10.0 16.0 Minimum Split (s) 22.0 22.0 22.0 22.0 16.0 22.0 Total Split (s) 22.0 22.0 22.0 22.0 18.0 38.0 Total Split( %) 38.7 %36.7 %36.7 %36.7%26.7 %63.3% Maximum Green (s) 18.0 18.0 16.0 18.0 10.0 32.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 Lead /Lag Lag Lag Lead Lead-Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None None Max Max Hone Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 Flash Dont Vlralk(s) 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #fhr) 0 0 0 0 0 Act Effot Green (s) 12.2 12.2 22.1 22.1 38.1 38.8 Actuated g/C Ratio 0.21 0.21 0.40 0.40 0.69 0.70 Wo Ratio 0.15 0.17 0.59 0.18 0.42 0.35 Control Delay 175 6.9 16.8 3.9 7.1 4.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 17.5 6.9 16.6 3+9 7.1 4.8 LOS B A B A A A Approach Delay 13.5 14.9 5.3 Approach LOS B B A M25"m0618BBT/ Var. 011- GJONES WH Ol9]1-002 400. TrpE -38021 134 E 8C Apperadio>t 11 - 'roject Entrances 135 2013 API Peek Background Plus Project - maln Entrance Wgnalized 27: Main Entrance & Immokalee Rd. (CR 846) arnaooa lawn v . DWGJONEa eesa wav,.00Dnoo- rrgq -watt, 135 pane Group Vu6L WSR 14BT 11BR SBL 567 90th %ile Green (s) 10.0 10.0 16.0 16.0 10.0 32.0 -- $Oth %ile Term Code Min Min MaxR MaxR Max MaxR 0th %ile Green (s) 10.0 10.0 16.0 16.0 10.0 32.0 70th %ile Term Code Min Min MaxR MaxR Max MaxR 50th %ile Green (s) 10.0 10.0 16.0 16.0 10.0 32.0 50th %ile Term Code Min Min MaxR MaXR Max MaxR 30th %ile Green (s) 10.0 10.0 16.0 16.0 10.0 32.0 30th %ile Term Code Min Min MaxR MaxR Max MaxR 10th %ile Green (s) 0.0 0.0 37.9 37.9 10.0 53.9 10th %ile Term Code Skip Skip Dwell Dwell Max Dwell Queue Length 50th (ft) 13 0 120 0 25 59 Queue Length 95th (ft) 29 24 176 28 57 86 Internal Link Dist (ft) 3723 1247 1233 Turn Bay Length (ft) Base Capacity(vph) 975 495 1415 711 546 2490 Starvation Cap Reductn 0 0 0 0 0 0 Spillhack Cap Reduotn 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 Reduced Wo Ratio 0.11 0.13 0.59 0.18 0.42 0.35 intersection Summary Area Type: Other Cycle Length: 60 Actuated Cycle Length: 55.2 Natural Cycle: 60 Control Type: Semi Act- Uncoord Maximum v/c Ratio: 0.59 Intersection Signal Delay: 10.1 Intersection LOS: B Inten®ction Capacity Utilization 51.2% ICU Level of Service A Analysis Period (min) 15 90th %ile Actuated Cycle: 54 70th %ile Actuated Cycle: 54 50th %ile Actuated Cycle: 54 30th %ile Actuated Cycle: 54 10th %ile Actuated Cycle: 59.9 arnaooa lawn v . DWGJONEa eesa wav,.00Dnoo- rrgq -watt, 135 w /N PP18iTCrul,, H - Project Eri:rances 1105 2013 AEI Peak Background Pius Project m South Entrance Un- Slgteslized 20: South Entrance & Immokalee Rd. (CR 847) X:%Engg4971 Silver S r rand1002 - -000 B BuslneIN P PadASvnghrW013 A AM Peak Background gig F roieot Soea.s p ,dovement ' 'nUBL W WBF N NBT N NBR B BBL S SBT _ Lane Configurations ° °G � �K T T ' 'h + +4 - _ Sign Control S Stop F Free n n F Free Grade 0 0% 0 0% 0 0% Volume (vehlh) 8 8 1 11 8 880 9 96 3 32 8 849 Peak Hour Factor 0 0.92 0 0.92 0 0.92 0 0.92 0 0.92 0 0.92 Hourly flow rate (vph) 9 9 1 12 9 957 1 104 3 35 9 923 Pedestrians Lane Width (it) Walking Speed (ft) Percent Blockage Right turn flare (veh) Median type Raised Median storage veh) 2 2 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1 1488 4 478 1 1061 vC1, stage 1 conf vol 9 957 vC2, stage 2 conf vo1 5 531 vCu, unblocked vol 1 1428 4 478 1 1051 tC, single (s) 6 6.8 6 6.9 4 4.1 tC, 2 stage (s) 5 5.8 tF (s) 3 3.5 3 3.3 2 2.2 p0 queue free % 9 97 9 98 9 96 oM ca p a city(ve hfh) 2 291 5 533 6 652 Direction, Lane # ' 'JUB 1 N NB 1 1 1,18 2 t t4B 3 S S8 1 S S82 S S'B 3 Volume Total 2 21 4 478 4 478 1 104 3 35 4 461 4 461 Volume Left 9 9 0 0 0 0 0 0 3 35 0 0 0 0 Volume Right 1 12 0 0 0 0 1 104 0 0 0 0 0 0 cSH 3 395 1 1700 1 1700 1 1700 6 652 1 1700 1 1700 Volume to Capacity 0 0.05 0 0.28 0 0.28 0 0.06 0 0.05 0 0.27 0 0.27 Queue Length 95th (ft) 4 4 0 0 0 0 0 0 4 4 0 0 0 0 Control Delay(s) 1 14.6 0 0.0 0 0.0 0 0.0 1 10.8 0 0.0 0 0.0 Lane LOS B B B B Approach Delays) 1 14.6 0 0.0 0 04 Approach LOS B B intersection Summary Average Delay 0 0.3 - - Intersection Capacity Utilization 3 36.6% I ICU L Level o of Service A Analysis Period (min) 1 15 '136 M H b W 0 w m c o m o m a m r N m O 8 0 it O � G � m O m a Fm- P N c� Z O a o_ 6 m w 7 A c 0 a c 0 U C m a m d rn � o c c U o m o m m a C 4B 8C o rl- M I a P B k � s 93g 2013 PWL Peak Background mm- U ' &IM79 Vec Y11 -GJMES CW! U971A -000. of 25021 I 4 1 i 8C 138 w -' PPPSrndb, H - Ircyact Erttrafrmes 139 2013 PM Peals Background - North (Concrete Plant) Entrance kin - Signalized 16. Concrete Plant Entrance & Immokalee Rd. (CR 896) U3WP 188%9 Ve..W] -O ONES CuVa M %1- WY -000.1TP&2B02f +r I,-- t A6' !,4 oarmen't WIEL GB 14 6T r1BF' SBL SST Lane Configurations _ -- Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 47 2 1265 18 1 814 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly fl ow rate (vph) 51 2 1375 20 1 885 Pedestrians Lane Width (ft) Walking Speed (ftds) Percent Blockage Right turn flare (veh) Median type Raised Median storage veh) 2 Upstream signal (ft) PX. platoon unblocked vC, conflicting volume 1820 688 1 395 vC1,stage 1 conf vol 1375 vC2, stage 2 or of vo1 445 vCu, unblocked vol 1820 688 1396 tC, single (s) 6.8 6.9 41 tC, 2 stage (s) 5.8 tF (s) 3.5 3.3 2,2 PO queue free % 73 99 100 OM ca p a city (ve h/h) 189 389 485 Direction, Lane : 'JUB 1 NB 1 IJB 2 NB 3 SB 1 SB 2 se 3 Volume Total 53 688 688 20 1 442 442 - Volume Left 51 0 0 0 1 0 0 Volume Right 2 0 0 20 0 0 0 cSH 193 1700 1700 1700 486 1700 1700 Volume to Capacity 0.28 0.40 0.40 0.01 0.00 0.26 0.26 Queue Length 95th (k) 27 0 0 0 0 0 0 Control Delays) 30.5 0.0 0.0 0.0 12.4 0.0 0.0 Lane LOS D 8 Approach Delay(s) 30.5 0.0 0.0 Approach LOS D Intelse Gllori Summaq/ Average Delay 0.7 `-- -- --------------- - -- Intersection Capacity Utilization 45.0% ICU Level of Service A Analysis Period (min) 15 U3WP 188%9 Ve..W] -O ONES CuVa M %1- WY -000.1TP&2B02f Append!x H ® Project Entrances 2013 PM Peek Background &s Project r M v O O r r 256 llv�- Concrete Plant Entrance ti � r� X318 L'0-3 "t Z-478 r -'Main Entrance m T T� to to .- N X63 N r •�� r °* `- 2 South Entrance 0 140 iA 141 2093 PM Peaks Background Naas PrOJect - North (Concrete Nam) Entrance Lin- SignaHzed 15: Concrete Plant Entranoe & Immokaiee Rd. (CR 846) XIEnoW4971 Si yer Stran41002 -000 Businw« PliMs 1119b.o 013 PM Peak Backoro pd plus Project Scent ly7 c,remera dUBL -4oBF NBl NBf EiL 5BT Lane Configurations , I tea - - --- -- -- -- Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 0 258 1578 49 104 1031 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 0 278 1715 53 113 1121 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right tum flare (vah) Median type Raised Median storage veh) 2 Upstream signal (fl) 1313 PX. platoon unblocked 0.64 0.84 0.64 vC, conflicting volume 2502 858 1758 vC1, stage 1 conf vol 1715 vC2, stage 2 conf vol 786 vCu, unblocked vol 2782 220 1839 tC, single (s) 5.8 5.9 4.1 tC, 2 stage (s) 5.8 tF (s) 3.5 3.3 2,2 PO queue free % 100 46 55 CIA oapacity(veh /h) 89 503 251 Direction, Lane # dWB 1 NB 1 HB 2 NB S8 1 SB 2 SE 3 Volume Total 278 858 858 53 113 560 550 Volume Left 0 0 0 0 113 0 0 Volume Right 278 0 0 53 0 0 0 oSH 603 1700 1700 1700 261 1700 1700 Volume to Capacity 0.55 0.50 0.50 0.03 0.46 0.33 0.33 Queue Length 95th (ft) 83 0 0 0 55 0 0 Control Delay(s) 20.7 0.0 0.0 0.0 30.8 0.0 0.0 Lane LOS C D Approach Delay(s) 20.7 0.0 2.8 Approach LOS C . ^.le Le :110❑ aJ rO ma P,- Average Delay - - - -- 22 Intersection Capacity Utilization 7-32% ICU Level of Service Analysis Period (min) 15 413Y1D�61M76 v .011 -GMWS cn 00811-002 -000. TiA& PIb21 M 'kppand6x H ®jeck ESt¢eErr t 8C �e� 142 2013 PEA Peak Background Plus Project — Main Entrance Un- Signafted 27: Main Entrance & Immokalee Rd. (CR 846) IJrovement tirfBL aUBR NBT NBR =BL SST Lane Configurations ';"b - -- Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh1h) 478 318 1291 154 268 763 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 520 346 1403 167 291 829 Pedestrians Lane Width (ft) Walking Speed (f Ys) Percent Blockage Right turn flare (veh) Median type Raised Median storage veh) 2 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 2401 702 1571 VC1, stage 1 conf Vol 1403 vC2, stage 2 oonf vol 997 vCu, unblocked Vol 2401 702 1571 tC, single (s) 62 5.9 4.1 tC, 2 stage (s) 5.8 tF (s) 3.5 3.3 22 PO queue free % 0 9 $0 OM ca pa city (veh /h) 82 381 416 Direction, Lane # WB 1 WS 2 UVB 3 NB 1 NB 2 NB 3 SB 1 SS 2 S83 Volume Total 260 260 346 702 702 167 291 415 415 Volume Left 260 200 0 0 0 0 291 0 0 Volume Right 0 0 346 0 0 107 0 0 0 cSH 82 82 381 1700 1700 1700 416 1700 1700 Volume to Capacity 3.18 3.18 0.91 0.41 0.41 0.10 0.70 0.24 0.24 Queue Length 95th (ft) Err Err 235 0 0 0 131 0 0 Control Delays) Err Err 59.2 010 OA 0.0 31.5 0.0 0.0 Lane LOS F F F D Approach Delay(e) 6028.1 0.0 8.2 Approach LOS F merxection Summer, Average Delay 1409.1 Intersection Capacity Utilization 74.2% ICU Level of Service D Analysis Period (min) 15 aasrsuos lase» vex: ori- c�or�s uau aw�iaoamo-rras zeox� l,pPe ft H- Asa Ertwa,:ices 143 8 V 2013 PH Peak Background pies Project ®Main Entrance SignaHzed 27: Main Entrance & Immokalee Rd. (CR 846) X:SEnoY]4971 Siker Strand+002.000 Busine� Pado,%Fn0r242013 PM Peak Sadacround plus Prcieot Scent sy7 h.ne dwuE 1rr5L n,BF. 118T ldER 6BL :E, Lane Configurations Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Leading Detector(ff) 50 50 50 50 50 50 Trailing Deteater(M 0 0 0 0 0 0 Turning Speed (mph) 15 9 9 15 Lane Util. Factor 0.97 1.00 0.96 1A0 1.00 0.96 Fd 0.850 0.850 Flt Protected 0.950 0.950 Said. Flow(prot) 3433 1583 3539 1583 1770 3530 Flt Permitted 0.950 0.108 Sstd. Flow (perm) 3433 1583 3539 1583 201 3539 Right Turn on Red Yes yes Satd. Flow(RTOR) 277 167 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 Link Distance (ft) 3013 1327 1313 Travel Time (a) 68.5 30.2 292 Volume(vph) 478 318 1291 164 208 783 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow(vph) 620 346 1403 187 291 829 Lane Group Flow(vph) 520 348 1403 167 291 829 Turn Type Perm Perm pm +pt Protected Phases 8 2 1 g Permitted Phases 8 2 8 Detector Phases 8 8 2 2 1 8 Minimum Initial (F) 1010 1010 18.0 18.0 10.0 18.0 Minimum Split(s) 22.0 22.0 22.0 22.0 16.0 22.0 Total Split(s) 22.0 22.0 37.0 37.0 16.0 53.0 Total Split( %) 29.3 %29.3 %49.3 %49.3 %21.3 %70.7% Maximum Green (s) 18.0 18.0 31.0 31.0 10.0 47.0 Yellow Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Ail -Red Time (s) 2.0 2.0 2.0 2.0 2.0 2.0 LeadlLag Lag Lag Lead Lead -Lag Optimize? Yes Yes Yes Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 Recall Mode None Hone Max Max None Max Walk Time (s) 5.0 5.0 5.0 5.0 5.0 Flash Dont Wala(s) 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls( #Af) 0 0 0 0 0 Act Effat Green (s) 17.0 17.0 33.0 33.0 49.0 4g.0 Actuated gtC Ratio 0.23 0.23 0.46 0.46 0.88 0.88 Wo Ratio 0.86 0.80 029 0.21 0.76 0.35 Control Delay 30.4 11.0 27.9 33.1 283 8.2 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 30.4 11.0 27.9 3.1 28.3 0.2 LOS C B C A C A Approach Delay 22.7 2 5. 3 11.9 Approach LOS C C B I/2e m180W9 Ver. ell -eJcWS 018i1U@ -000. TEAS 28021 8C eaPpero ®9u�e i# m roGece �Lr&nCe� X44 2013 PkA Peek Background Plus Project- idmn Entrance SGgna@@zed 27: Main Entrance & Emmokalee Rd. (CR 846) X.gni;W4971 Silver StrendW02.000 ®usinem PjIM9 0ghj.txra3 PJ Peak Badcorcund olus PrgieCt Scant sy k (( P V, I '._ane !iroup _'ABL UUBR IVBT NBR ;BL SBT 90th %ile Green (s) 16.0 16.0 39.0 31.0 10.0 47.0 90th %lie Term Code Max Max MaxR MaxR Max MaxR 70th °,bile Green (s) 19.0 16.0 31.0 31.0 10.0 47.0 70th %lie Term Code Max Max MaxR MaxR Max MaxR 50th %lie Green (s) 16.0 16.0 31.0 31.0 10.0 47.0 50th %lie Term Code Max Max MaxR MaxR Max MaxR 30th %lie Green (s) 15.4 15.4 31.0 31lo 10.0 47.0 30th %lie Term Code Gap Gap MaxR MaxR Max MaxR 10th %lie Green (s) 11.6 11.6 31.0 31.0 10.0 47.0 10th %ile Term Code Gap Gap MaxR MaxR Max MaxR Queue Length 50th (ft) 111 26 305 0 76 79 Queue Length 95th (ft) 181 100 #451 31 #192 107 Internal Link Dist (ft) 2933 1247 1233 Turn Bay Length (ft) Base Capacity(vph) 824 590 1579 799 387 2345 ^^ Starvation Cap Reductn 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 Storage Cap Reduotn 0 0 0 0 0 0 Reduced v!c Ratio 0.93 0.59 0.89 0.21 0.76 0.35 Intersection Summar Area Type: Other _ Cycle Length: 75 Actuated Cycle Length: 74 Natural Cycle: 75 Control Type: Semi AM-Un000rd Maximum vfc Ratio: 0.89 Intersection Signal Delay: 20.4 Intersection LOS: C intersection Capaoi* Utilization 74.2% ICU Level of Service 0 Analysis Period (min) 15 90th %lie Actuated Cycle: 75 70th %ile Actuated Cycle: 75 50th %lie Actuated Cycle: 75 30th %ile Actuated Cycle: 74.4 10th %lie Actuated Cycle: 70.8 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum aftertwo cycles. arcvzaos raevrs var on -wores ruw 064I1-0OR-0'J0. TfFS- 2f021 C 2013 AM Peak Background Maas Project ® South Entrance un-Signalized 20: South Entrance & Immokalee Rd. (CR 846) X:%9pM4971 Silver_SfullIt 900 Pusinau PAMSY0012=13PMPI&Paqk gfoun d pWsProiegsoep2. sy7 Llc,,,emerd 'arEL dttE F: NE "i i BF: SEL £,E Lane Configurations "'i4 ,a" 8 -.6 i'.F. _ --- Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehFh) 42 63 1381 123 41 1153 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 45 68 1501 134 45 1253 Pedestrians Lane Width (ft) Walking Speed (ftis) Percent Blockage Right turn flare (weh) Median type Raised Median storage weh) 2 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 2217 751 1635 vC1.stage 1 cont vol 1501 vC2. stage 2 cont vol 716 vCu, unblocked vol 2217 751 1635 tC, single (s) 6.8 6.9 4,1 tC, 2 stage (s) 5.8 tF (s) 3.5 3.3 2.2 p0 queue free % 70 81 89 cM capa city (vehlh) 154 354 393 Direction, Lane m - B 1 NG 1 146 2 NB 3 B 1 SB 2 B 3 Volume Total 114 751 751 134 45 627 627 Volume Left 45 0 0 0 45 0 0 Volume Right 68 0 0 134 0 0 0 cSH 233 1700 1700 1700 393 1700 1700 Volume to Capacity 0.49 044 0.44 0.08 0.11 0.37 0.37 Queue Length 95th (ft) 62 0 0 0 10 0 0 Control Delay (s) 34.5 0.0 0.0 0.0 15.3 0.0 0.0 Lane LOS D C Approach Delay(s) 34.5 0.0 0.5 Approach LOS D :rater - -e ot�in Sumrnara Average Delay 1.5 Intersection Capacity Utilization 51.0% ICU Level of Service A .Analysis Period (min) 15 G2YZ0r616BY]9 Vx PI I- G,IONES awa OJWi-0DS -0ob TlM4 zB@1 r Re E Em co EL CL M W�� =W® to m 0 Z N b Ip n oci c 11 II II Q Q ¢i a 0 to B � K S�Sa 000 °000000000000000000000 N h O M h ® r r q m @ 0 a 43 z z v 0 m 0000000000000000000000000 J � m O N h O1 M tD j I I M e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J O TIC F �£ N a 0 9 m V MI 9 N F G C J.°-i O010n �i$�a°o °rn 'n ��w mmmii�owv� °mn °m api O � h YNN�t�Om��ln � O Y �N hr nYC y0@ Y <1NIIY H r n d pp rt�f m�N�NM �m�Y h V u'1n�bl�51 NN-- 3 m a III c a It�$ in °o $8�} °o �$�ppR p°o $ °o °o °o °o $o °OO o °o � Y, S Z O O O O O O O O O - -- r -- - - -- N N {${yy°o°o N N N O N W p �Nt�O.b t0 I�a0 W O�-NC7 Q --- W-- to m 0 Z N b Ip n oci c 11 II II Q Q ¢i a 0 to B � K S�Sa o+ P: b V SQ 6 V$ 0 , Po m o n a �g 0 • to z 0 u g k m e S3 °s F a mm z N d � m n � 0 0 c flCaLl co r a �s a k fig$ 9� e CLCL 0 IL IL g 4 9 o � k 8 g R �s e d B X 0 &* �''7� Z N m � m 0 0 0 u u u non ama a 2 a • FM 0 r I e� � k $yy� �ds U e A A 0 ¢B �� 67iE ti 0 ie PZ 2 a m LID I >a me e9 ff c c v a c�� E° (n z tiff N � O C � II II II O � �Ia aa� a M s � k Ja LO a� d� N m 0 b M W ?y N I[ C C � II II II oog aa� a s Cl) I!) �a �s R, g e CL CL 14 52� _&Em 1- 8 c z 0 00 n In In G c o CR a � u m m- �S a `s Iq R �s � k 3 $ s$g$ 558 Ll N 8 EL Q t g E LFFI all 17 1wlV,l P�Plr �aPi�PII PI�PIPIm hIN1N;JM N N N O 000 co rP a FU O a r O O eZ P m O W U S � a r N n fij U Oa N N P m m o V) 2 O co, �� mUNiN 0 0 ro 0 O O O Q i to I Qi d � a k y 8 419 O1N �MNlI1P W r 7a�DN OhOc�rp1 01000MiO vOMN N aD V PeN�pNo r 0) pN Wv W 1D f0 V l00v m ® T F NM`�NtO P M O]401[ ODNMV OmnCRNr WNOD NrNOD m � W W Me� r N .0 c+1 Q® V NN�v v q mr MMP V N PN W W My r h�tM] V O1- ODO r0 0� NQJN �7 ® vd' �4fii N fDr rtO 7NP iD L Z Op �10wM 7 W OMiNTN Cl) 10 (p OD rc0 ONE Nn rco NtO]� w 010 r P n Nfm POD p 017r M r V'N. 19M -W F- V' MtD NPNN pppp cON W �ch M NQ t�1 M Ocpp V �p V �� CP V V'f0 t0 aptppp (D�M PONNM V NP � d' W r PMT -ODr 7 N NNCMV c0 MM N M �N0(�ppM !0 M Q pMpN v v a M M C co t�1 N�PyO M c00 m v M N P �} 2 r (�T �rNNr W OD CO �cpp 10 MvN M RM p �cpp �{ W p �cpp dcaQpp IT N V OOOD ODO � Om cD C'1�N Ov N W tp c0 'N O cD N W M O f D V) N O p O D M cp N 7 (p 0 W O 1� V M c N c IT I r N P N (cpp v (t�O 7M N N((pp((pp ��00((pp 1�0(1 M O .® m 3 T lV M M v 7 v v M N P co V) ` �tD �cvv118(p pppp M U1 c�0 PinrPmrnm� NM Nc� ON �cyyP O M O 0f0 cv1 ^ N M N � p MN ONfO mr �Ncpp00 I ® M Nr 07 I @° coN N P0')N M�aDc� 0100 P M0y�g OEM M P M v co �7Sv�u��n e�i i7i car co <D cMrNOr IT m clj Di i pmp MrN �p V �1 MONO�Mr pp �vv7 PrcDN co yWy M V m 0 d PN V Nco C ccootc0N V o"'O , I 6 � ° °°°g�r �gNg ® 2oS c�$og ~ LFFI all 17 1wlV,l P�Plr �aPi�PII PI�PIPIm hIN1N;JM N N N O 000 co rP a FU O a r O O eZ P m O W U S � a r N n fij U Oa N N P m m o V) 2 O co, �� mUNiN 0 0 ro 0 O O O Q i to I Qi d � a k y 8 419 10 a� N g® !-1 &m 8 �dcv >•A eP 3w °o m U� m2 c o d `= If If It 'o C3 0 ^2 aa� a 0 0 0 'o U Y 1 N Yt h CID LO R a k Utz 9 w d m 0 LO I 0 U 2 a N V Cl) I W W a0 N co N O O r M a aag a • 7 a� 9a ��a Print Dam: Mar11311006 COLLIER. COUNTYWIDE Category, 0300 158 8 (, 158 Florida Department of Transportation Transportation Statistics Office 2004 Peak Saloom Factor Category Reg ort M OCP = 0 %8 Weak IDatoe ST PSCF 1 011010004 - 011032004 1.02 1.16 2 011042004 - 011108004 1.00 1.14 3 017118004 - 011170004 0.98 1.11 4 0If180004 - 01242004 0.95 1.08 * 5 01/2512004- 011312004 0.93 1.06 * 6 0210112004 - 02107f2h04 0.91 1.03 * 7 02/0812004 - 0211412004 0.89 1.01 * 8 0211512004 - 0211112004 0.86 0.98 * 9 02122f2004- 021288004 0.85 0.97 * 10 021298004 - 031068004 0.85 0.97 * 11 031078004 - 031138004 0.84 0.95 * 12 031148004- 03808004 0.83 094 * 13 031218004 - 03878004 0.85 0.97 * 14 031288004 - 04/032004 0.87 099 * 15 04/048004 - 041108004 028 1.00 * 16 041118004 - 04/178004 0.90 1.02 * 17 04!188004- 04848004 0.92 1.05 18 041258004 - 05101/2004 0.94 1.07 19 05/028004 - 051088004 0.96 1.09 20 05!098004 - 051158004 0.98 1.11 21 051168004 - 05828004 0.99 1.13 22 051238004 - 05898004 1.01 1.15 23 051308004 - 061052004 1.03 1.17 24 067068004 - 06/128004 105 1.19 25 061138004 - 061198004 1.07 122 26 06!208004- 06268004 1.07 122 27 0612712004 - 071032004 1.07 1.22 28 07/048004 - 071102004 1 A6 1.20 29 071112004 - 071172004 1.06 1.20 30 071188004 - 07242004 1.08 1.23 31 07/258004 - 071312004 1 A9 1.24 32 08/018004 - 08A172004 1.11 126 33 081088004- 087148004 1.13 1.28 34 081152004 - 081218004 1.15 1.31 35 081228004 - 08888004 1.18 134 36 08129!2004 - 0910412004 1.21 1.38 37 091058004 - 0971112004 1.24 1.41 38 091128004- 091182004 1.27 144 39 091198004- 09858004 122 139 40 091268004 - 101020004 1.17 133 41 101032004 - 101092004 1.13 1.28 42 10fl0f2004- 101168004 1.08 1.23 43 101172004- 10038004 1.07 122 44 1012412004- 107302004 1.05 119 45 10/312004 - l 11068004 1.04 1.18 46 111072004 - 111138004 1.03 1.17 47 111148004- 11202004 1.01 1.15 48 111212004- 11070004 1.01 1.15 49 111282004 - 121048004 1.01 1.15 50 12/052004 - 121118004 1.02 116 51 121128004 - 127182004 1.02 1.16 52 121192004 - 122512004 1.00 1.14 53 12!262004- 121310004 0.98 1.11 158 Y 1 7 .r.l Fl YI imp� I - 1 11 WTd (R 1 rryJ, 1 r NNN p aP pn J 1� IL '1��ar Cn C o rn Ed' w e Cn C/1 W � 1 x 0 U) m c 0 ° 2 m p. i II Dmv� 11{ r l +D 4 cn a %` _�T :C) T'' .� Y.iP'L '" 2R ._v�i.'�T��7 m Dm p lye i9 ,�y� I 1 1 i O 1 k �t C n n i 5 6 0 IJ 1) 0 7 OR BOOK PAGE 7�b6 Ft'..�oG.GY.V PR rA ooc Qz� INT IN b0� bCp 0�1 This instrument prepared by Property appraiser's Harold S. Lyntan parcel identification Suite 200 number: 2600 Golden Gate Parkway s Naples, Florida 33942 -3206; N and when recorded return to Grantee's tax Lee Treadwell identification number: Suite 200 TIN application pending 'E 2600 Golden Gate Parkway c.) U Naples, Florida 33942 -3206 2 0 rza DEED DEED made this August 00, 1990, m r By Lamar Gable, Harold S. Lyntan and Juliet C. F- �n z o � a Sproul as Trustees under the Trust created for the benefit of ti U _. w Juliet C. Sproul under the Will of Barron Collier, Jr., J J Jo deceased, probated in the circuit court for Collier county, O U Florida, Probate Division, File No. 76 -33, and also ..�. individually, and Barron Collier III, Lamar Gable, Frances G. Villere, Phyllis G. Doane and Donna G. Keller, and also joined by Dana D. Collier (the wife of Barron Collier III), George G. Villere (the husband of Frances G. Villere), Donald D. Doane (the husband of Phyllis G. Doane) and Lewis E. Keller (the husband of Donna G. Keller), none of the other named persons being married (all of whom are hereinafter, as such Trustees and individually, and spouses, called the Grantors), whose post office address is Suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942 -3206, To Silver Strand III Partnership, a Florida partnership, (hereinafter called the Grantee), whose post • Received $ � Documentary stamp Tax Received $ Cars "C" Intangible ( d Personal Property Tax COLLIER LINTY CLERK OF COURTS��( BYE '- I.---- �r- --D.C. EXHIBIT V.G.3 C LP FILE QQ! Itt f0. IL IIOtAGE' 6V p1 I office address is Suite 200, 2600 Golden Gate Parkway, i Naples, Florida 33942 -3206. t #� O W I T N E S S E T H q C� O rn 7C o The Grantors, for One Dollar and other valuable consideration, the receipt of all of which is hereby acknowledged, hereby grant, transfer and convey to the Grantee and its legal representatives, successors and assigns, the lands, lying and being in Collier County, State of Florida, described in Exhibit A hereof, o TOGETHER with all improvements, tenements, M o co hereditaments and appurtenances and all rights, powers, privileges, titles, interests, estates, reversions, remainders, easements, riparian and littoral rights thereto 1-- belonging or in any wise pertaining, TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT to any valid rights -of -way, easements, restrictions, and reservations that are of record or that an inspection would disclose, including, without limitation, those for roads, public utilities, water, water lines, sewers, sewer lines, electric facilities, borrow pits, -2- i ... t #� Hni;VJtl 401 UtN llt 8 F4 / -E NUtAJEf1 L outfall ditches, drainage and drainage canals. Said lands are not the homestead of anyone. IN WITNESS WHEREOF, the Grantors have executed and .� o delivered this deed the day and year first above mentioned. OD cn CD a� rc o O Signed, sealed and delivered in our presence: LaUar Table Harold S. Lynto `- ,,,Juliet C. SprMll fTl o n As Trustees under the Will of Barron Collier, Jr., deceased and also individually u V10 -12086 -001 deedW2 HSL0S160 -3- 0 C, nn!iFILI GOLL ^i� FIyL@ IVI1 h1 !Eli C STATE OF FLORIDA ) as.: COUNTY OF COLLIER } //// The foregoing instrument was acknowledged before me this 1 "7— t -1,0, 1990, by Lamar Gable, Harold S. Lynton, and Juliet C. Sproul as Trustees under the Will of Barron Collier, Jr., deceased, and also individually, and by Barron Collier III, Lamar Gable, Frances G. Villere, Phyllis G. Doan and Donna G. Keller, individually, and by Dana D. Collier, George G. Villere, Donald D. Doane and Lewis E. Ke11er. —4— r.f M u 0 CD m 7c o � o M O ee : Notary Public tfTb . r... ,..: +.. INR?1.IC RTATI. OF my col' EXP M.1992 MY .•4ssri'r En in5S101i 1. MS. LKID. gCMOFO TIA2U ¢i,1lfRA1. fJe. LR1�. r' 1, � rr �,Ryi N {ypUSO ^� —4— r.f M u 0 CD m 7c o � o M O • • EXHIBIT "A" PARCEL I: �-- ;en itmry wu lex ;u. " FILE NU673F.P /� C 7�O�I 7v( All of Section 13, Township 47 South, Range 29. East, lying South and West of ACL Right -of -Way, less lands described in Deed Book 17, Page 453, Public Records of Collier County, Florida. PARCEL II: CD All of Section 24, Township 47 South, Range 29 East, less Right-7-1 of -Way for State Road 29-and less ACL Right -of -Way. co cn O PARCEL III: CO All of Section 15, Township 47 South, Range 29 East, lying East of County Road 846, less the NW 1/4 of the NW 1/4, less lands described in Official Records Book 1033, Page 1742, and less lands decribed in Official Records Book 99, Page 199, Public Records of Collier County, Florida. PARCEL IV: All of Section 22, Township 47 South, Range 29 East, less County -= Road 846, Collier County, Florida, LESS CAMP KEAIS ROAD which is,, more particularly described as follows: A• ° COMMENCING at the southwest corner of said Section 22, Township m _ 47 South, Range 29 East, Collier County, Florida; THENCE North 88 °49107" East, 40.00 feet to the "POINT OF BEGINNING" of said parcel herein described; THENCE continuing along the southerly line of said parcel, North 88 °49107" East, 80.00 feet to a point, THENCE across said Section 22, the following Fifteen (15) courses: 1. North 01 608130" West, 60.88 feet to a point; 2. along a curve, concave to the southeast, whose elements are, central angle of 40 °1411211, radius of 7611.00 feet, arc length 533.72 and a chord that bears North 18 °58136" East, 522.82 feet to a point; 3. North 39 °05142" East, 543.44 feet to a point; 4. along a curse, concave to the west, whose elements are central angle of 39'5215411, radius of 840.00 feet, arc length of 584.70 feet and a chord that bears North 19 609115" East, 572.96 feet to a point; 5. North 00 °47112" West, 600.00 feet to a point; 6. along a curve, concave to the southwest, whose elements are, central angle of 90.00'00 ", radius of 540.00 feet, arc length of 848.23 feet and a chord that bears North 45'47112" West, 763.68 feet to a pointF Bpd .p. ;i «Jt- • u unnF L i nu a u iin. nu riumurn 7(a0b 7. South 89.12148" West, 266.63 feet to a point intersecting the easterly right -of -way line of Immokalee Road 8. along the easterly right -of -way line of Immokalee Road (S- 846), South 01'08126" East, 80.00 feet to a point; 9. Leaving said easterly right -of -way line of Immokalee Road (5 -846), North 89'12148" East, 266.14 feet to a point; 10. along a curve, concave to the southwest, whose elements are; central angle of 90100'00 ", radius of 460.00 feet, arc length of 722.57 feet and a chord that bears South 45 °4711211 East, 650.54 feet to a point; 11. South 00 °4711211 East, 600.00 feet to a point; 12. along a curve, concave to the northwest, whose elements are: central angle of 39 °5215411, radius of 760.00 feet, arc cc length of 529.01 feet and a chord that bears South 19`091151' o West, 518.40 feet to a point; -� 13. South 39 °0514211 West, 543.44 feet to a point; 14. along a curve, concave to the southeast, whose elements are: central angle of 40 °141120, radius of 840.00 feet, arc length of 589.90 feet and a chord that bears .South 18 °5813611 West, 577.85 feet to a point; 15. South 01 °08!3011 East, 60.93 feet to the "POINT OF BEGINNING ". � • •J cn rn 0 And less the lands lying West of Camp Keais Road. PARCEL V: o All of Section 23, Township 47 South, Range 29 East, collierrn — county, Florida. PARCEL VI: All of Section 14, Township 47 South, Range 29 East, less Right - of -Way for State Road 29 and less ACL Right -rf -Way, Collier County, Florida. PARCEL VII: All of Section 27, Township 47 South, Range 29 East, Collier County, Florida, LESS CAMP KEAIS ROAD which is more particularly described as follows: COMMENCING at the northwest corner of said Section 27, Township 47 South, Range 29 East, Collier County, Florida; THENCE along the northerly line of said Section 27, North 88 °49107^ East, 40.00 feet to the .11POINT OF BEGINNING" of said parcel herein described; THENCE continuing along the northerly line of said Section 27 and the northerly line of said parcel, North 88'4910711 East, 80.00 feet to a point; h, i. •roi, 1. 6 {A • • THENCE along the easterly lines of said parcel, the following Three (3) courses: 1. South 01 °08130" East, 4936.80 feet to a point, 2. along a curve, concave to the west, whose elements are: central angle of 06'06'3511, radius of 3787.51 feet, arc length 403.88 and a chord that bears South 01'54147" West, 403.69 feet to a point; �o 3. South 04 °5810511 West, 91,80 feet to a point intersecting the Z:L; cn southerly line of said Section 28; o rn 7: o THENCE along the southerly line of said Section 27 and the southerly line of said parcel, South 88 °16'07(' West, 80.55 feet to a point; THENCE along the westerly lines of said parcel the following Three (3) courses; 1. North 04 °5810511 East, 101.20 feet to a point, 2. along a curve, concave to the west, whose elements are: central angle of 06'06135 ", radius of 3707.51 feet, arc ._. length of 395.35 feet and a chord that bears North 01 °54147" East, 395.16 feet to a point; t' o 3. North 01'0813011 West, 4936.75 feet to `_he "POINT OF M BEGINNING". T71 ' F1Aflf10N CULLIFII C0. FILE NUMBER '. THENCE along the easterly lines of said parcel, the following Three (3) courses: 1. South 01 °08130" East, 4936.80 feet to a point, 2. along a curve, concave to the west, whose elements are: central angle of 06'06'3511, radius of 3787.51 feet, arc length 403.88 and a chord that bears South 01'54147" West, 403.69 feet to a point; �o 3. South 04 °5810511 West, 91,80 feet to a point intersecting the Z:L; cn southerly line of said Section 28; o rn 7: o THENCE along the southerly line of said Section 27 and the southerly line of said parcel, South 88 °16'07(' West, 80.55 feet to a point; THENCE along the westerly lines of said parcel the following Three (3) courses; 1. North 04 °5810511 East, 101.20 feet to a point, 2. along a curve, concave to the west, whose elements are: central angle of 06'06135 ", radius of 3707.51 feet, arc ._. length of 395.35 feet and a chord that bears North 01 °54147" East, 395.16 feet to a point; t' o 3. North 01'0813011 West, 4936.75 feet to `_he "POINT OF M BEGINNING". T71 Ali` 1r r' r a ' . pr '• S i l ,fit ' , II;k1i ��: f•; L R�:eordM " tle(area ,1 0lficial Re,, c0UNIFLORIDA COLLIER V. JAMES c. GII E5. CLERK i,+ t'.t� iA, i % r. 3 Jix: '. R�:eordM " tle(area ,1 0lficial Re,, c0UNIFLORIDA COLLIER V. JAMES c. GII E5. CLERK i,+ t'.t� iA, i % r. 3 Jix: LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize George L Varnadoe Esquire and Fred Reischl AICP (Names of Agents) to serve as m gen in a r quest Z he Collier County Growth Management Plan affec ' g ro titied iation. Signed: Date: L By: Pau . MarnellI (Name of Owner(s) of Record) I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Signature of Applicant Name - Typed or Printed STATE OF (FLORIDA) COUNTY OF ( COLLIER ) Sworn t nd subscribed before me this day of April , 2006 MY COMMISSION EXPIRES: Notary Public CHOOSE ONE OF THE FOLLOWING: X who is personally known to me, who has produced did take an Oath X did not take and Oath NOTICE - BE AWARE THAT: O ,#n lam D. DAVIDBpM 4 ; _ MY 00MMI9610N 6 DD 512488 EVIRES. February 19, 2010 �•A(.ik In NOty PiYCLindxgpB2 identification Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant In the performance of his official duty shall be guilty of a misdemeanor pf the second degree, punishable as provided by a fine to a maximum of %500.00 and /or maximum of a sixty day Jail term." EXHIBIT V.G.4 G T off= < $o > \e3 w nl�u yz bi L g oI? �CTB =F �j�p�F< Iii 2� ib Kpp 1� �b 4 y W u ZV OOF �1"i iE C � W �gZ 1ib �y)�i14 �4 j W IJi �f} 4W�< yy�� 2 b OU Z oO 1OU 3 2 i OV O b SOW 1=n O��m23�y� 1il t� 03 2s o _ gUC < 02yUy 0� ��pp �fO TW �W232> SYObi pO(gi'lb� pW� 2n N�¢N' ¢O \ <FNm OOF 11OOFu -� <gn j ObT MONO yJ& CC' �O W < 5S22 O3 �Wi 3� mO�FO ^W VVj NU U U U U V W 1-= W� F- 648yy� � sa��5yaayaa�� `- j,�� alt ?m �WV)�JeW 3 W� FgTVWOW W3333W3 W12' �Z !AW W OU'yy 3mWU ��wnP�x� q�pp O <W O.Ti W�VWZ P <V�1<il i�� ^�OOi N'"l�Y�'f�P;�2 022 WU �W �$�.i a�m 1� ZAC' lE I�E �T'6 m �SS so-O iS 8 , rIle -1 W ewo o z I u 'Z ME HUM I I A I z C� —z—� JZ UfN I / ----r-----isota ----- I W no,Nng =0 .'p Bbl �S o,IE I I I g mn NEn :' N Y ri KW v~ 7 m 0'S TW <1U�W J 3 W �/1 �/1 k� W� to 3.BO,f0.00S pZ 0 — _-- _ fB'OZf ZU) I Na 0 I m„ n I _ X13 Z rI - rn � �13 NI W'oSC a.,.l I 5l NOLL03S 30 W '- W { 1S3MH.LHON 3H1 AO { MMH.LnOS m iE i� I e n § §IPO I min p ,'nv $- I UmK VF CKW O �-U y�W F W a AN 9l,U W N i pF N a w 0 2 Iu < a e a o As HIV Gmu°�V WFFm C v.an< �IIIZ WmU� 2O�W 'o anm Lu z W W no,Nng =0 .'p Bbl �S o,IE g mn NEn ZNZZ �O HWN i� Z W O wrn t4 E- ° N P4 O P. G4 wa�w P4 °xs O zEw U ° P a� U a Qua L) E 'Z UU w M U w n N W d' Q N O^0 Q OD IQQI 0 eg N N b � N ON W 3 ,M']q hV mend 7 Ph O m�oQ � m9 4L F, z m S 9 Ny G o p o Ny� 02U< m 66 O 0 m m w Cu� a "3s 3 �e `8C RESOLUTION NO. 08- 99 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. sec., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendment to the following element of its Growth Management Plan: and Immokalee Area Master Plan, including the Immokalee Area Master Plan Future Land Use Map, WHEREAS, the Collier County Planning Commission has considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan amendment, must review and determine if the Plan amendment is in compliance with the Local Government Comprehensive Planning and Land Development Act of Words underlined are additions; Words struck through are deletions 1 �8C 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendment, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendment, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9,15, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 40�L, 2008. ATTEST: DW IGHT:E„ BftiQ(:K „Clerk bu• lJ'�'_llst. ALDL'.Q'ac t 1i *A%40 " s N #LUrf oni� •7 Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Marjorie M. Student-Stirling g �` O Assistant County Attorney Item Agenda cPD uty k CP- 2006 -1 GMP Transmittal Resolution Words underlined are additions; Words struG!( thFeugh are deletions 2 Exhibit A Policy 1.1.1: IFIR LAM CP- 2006 -1 The URBAN Future Land Use Designation shall include Future Land Use District and Subdistricts for: URBAN — COMMERCIAL DISTRICT 2. Commerce Park at Silver Strand Subdistrict B. Urban — Commercial District 2. Commerce Park at Silver Strand Subdistrict Park. The development of this Subdistrict shall be governed by the following criteria: a. The gross leasable floor area shall not exceed 1.000.000 square feet. b. The maximum gross building coverage for the CPSSS shall not exceed 45 percent. c. The CPSSS shall be permitted to develop with a maximum of 30 percent Secondary Uses as identified in Paragraph h. below. d. The CPSSS shall gain its principal access from Immokalee Road (CR 846) Transportation Element. e. The CPSSS is encouraged to utilize PUD zoning and shall include within the CPSSS: 1. this Subdistrict. 2. Automotive repair shops (Groups 7532 - 7539). located no closer than 300 Feet from Immokalee Road (CR 846). 3. Business services (Groups 7311. 7352 -7359 and 7371 -7379) Words underlined are added, words stFUGkthrough are deleted. 1 8C i, 4. Motor freight transportation and warehousing (Group 4225 — mini - storage and self — storage only), located no closer than 300 feet from Immokalee Road (CR 846) and subject to the following: a. Metal roll -up garage doors, visible from a public right -of -way, are prohibited. b. Buildings are limited to 100 feet in length when adjacent to a residential zoning district or residential use. c. Wholesale or retail sales and office uses are prohibited in units designed for storage. d. Outdoor storage is limited to boats, recreational vehicles and other adoption of this Subdistrict. 5. Motor Vehicle Dealers (Group 5511 6. Motor Vehicle Dealers (Group 5521), located no closer than 300 feet from Immokalee Road (CR 846). 7. Lumber and other building materials dealers (Group 5211; outdoor storage not permitted in a front yard), located no closer than 300 feet from Immokalee Road (CR 846). 8. Ornamental floriculture and nursery products (Group 0181). g. Retail sales and /or display areas as accessory uses to the primary uses set forth h. The following secondary uses shall be permitted as of right, and shall be limited in aggregate, to a maximum of 30 percent of the area within the CPSSS: 1. All permitt e Land Deve Subdistrict. 2. Select Pen District, and the Commercial Intermediate (C -3) Zoning District of the of rezoning. Placeholder text for Transportation Mitigation: Adoption hearings and reference to the agreement shall be incorporated into the Subdistrict text. Words underlined are added; words strusk through are deleted. EXHIW W IT] cw2omot COMMERCE PARK AT SILVER STRAND SUBDISTRICT COLLIER COUNTY, FLORIDA LEGEND SCALE SUBDISTRICT PREPARED Sr. GRAPHICS AND 1ECHNIOAL SUPPORT SECTION 0 500 FT. 1000 FT. COMMUNITY DEVELOPMENT AND ENNRONMENTAL SERNCES DINSON DAIS: 2/2008 MIS: CP- 2006- OIA.ONG 9 16 ID 1 STGIXAOE ROAD SUBJECT SITE CP- 2006 -07 a 3 C z Ifi 15 21 22 W U C ¢= m W � a a Q W N O Z W Q m J N W rc d' m_ F LL W W J Q Y O W1... m N \C � o� 'E■ MAN 5 L4 1 e3 q� B = 5$ � ke $i Era �� =y @'�i$P 5 aO�00N® E's �• ■■ ❑� €i ®DD®[$ i zo i? !r j p 'E■ MAN 5 L4 1 V 3/28/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET 9A COMMISSIONER: F CD C '�)Y L,u- WEIGHT - 30% 30% 30% 10% Growth Mgmt Procedures & Management Land Use FL Law Exper Litigation Exper Total Points 0 30 Points 0 -30 Points 0 -30 Points 0 -10 Points Gary Glassman 2 u Z G 2 5 0 Jeffrey Klatzkow 3..5 30 2 0 �I 0 John Turner 7-5 zc.) 2 7 _ 16 gZ 0 Thomas Spencer Z SL. S 3 O I O_ 76 0 -70 NIVi CC L&� 94 5K COLLIER COUNTY, FI. 6 rnPA c; ri c.JN-i dN SUGGESTED IN "CF.RVIF.W QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE. SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? I¢V n-i uT-6 Lc9` 11J m. ] m" - 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the ' management of legal cases? nit w N)N4 - s„yumr,; T- ))Fr SK#tLC= tr�tiYw��v�° usi �P Elb.Pte,4Ct3S <z�t'el�SewnBr r>3t - 'C3)ManaNe (q). 5. What is the most difficult management situation with which you have dealt? Tt,'nm i N OiQS bU -U Tt LE) C- s e. hi'i V ES S V D(;-, CV �� lass op S CA UA-� P6NU� r3 -t°r -o Iw ��vS 6. What is the most difficult fiscal management situation with which you have dealt? 5 /+-0 v r.� w�a- Kc-''�Sb' CJMi1G.e — grs-eKS To ery-e L hows. ? At . S &NVY�, N o vsv-t' -u� Pv(LPos� - 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made LWf"Lly Cs>c- glrsics. -Sir 1,01u;u qA /eMt wmm ti fie)r P11�3t, ,e>�itt�'NG�y aPPcAl o.T-iA . THE WATERS CONSULTING GROUP, INC. PAGE • 1 llil�Un <[`.;ItKf.[DPl'ii1GI(IfDANUI'R pP 2111 ? \RI Cll(JRM tfION. C)CUP'fRlCafl _i - 1IDt.1i1.1DU(.I N11:Ri URVVY1'OP.'ilnNb 01 I'Ii1>JOI1:MININN(Y1 10 R1 =. BI PRO DC(,I III R \Nf RIbIS('v AA]l I i(ll ;l 111 t RI '17T N(I)A( IN] (8 U(L_1 M(_ t. COLLIER COUNTY, FL SUGGESTED INTERVII?W QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). ZvMNv�[;G,'• �vlsLvlz Pt�IxscrvrJ�`t, s&T&rc ti �%ca "erNC, ^hfS, .c.w'�s re nifio0.N t�"RS 1A i\.kM)r u N rftZ-v s K u/ co N t s' obvm ce )t4 - %4*rt� a TtUrf r3i A/C. F�fL 6w PLe ttJ-0S_. 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insight Into Self and Others 9, Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation'? 'uLeIrTioiJ 01 P"- a—WNcs Z>Ar6 B4YLs" _ ON cr A-r MfLA)&1 ll' I Spt� ry P�j I Pt 11eiN�S eN D/tIA 3J3c1. RrcamWti.SX— To 6Gx1 , 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? iMPA- T'Irc3N6'F:" UY CIVIY 13UJLb'IN�%CI�hC�I rqbib i3, 1- F ).Zvi S V k v b THE WATERS CONSULTING GROUP, INC. PAGE • 2 nn(f VIN IT, tOI iitITT I J�AN'D PR(AR11 tkV11:1 R\1 \I ON S)f(WYRI GI 1'1 01 -_(uII 1lf- bD(1(.I NINTURANYPORIll)NJ Oi'' I'H15'JOtt 1`PN I';, NM I0 Bi RI PR OD ( I I'OR % N Y RI';bOA V I I I!}n( "1 III N Ill MI'N ( 0 �11 N I (1I .l ((:, INC_ COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITNIENT FOR COUNTY ATTORNEY CANDID—VIE 12. What is the most difficult aspect of your job and /or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15o What is your period of availability, if a job offer were extended? Crkawri•L mGJ°: u�N�GAto2- -Not I-&tJb us 8- A�fr /LNbrj t 5r*r-c�, movI u& lmbikfii� r1NCiN�, cvi Ls:ctri LSD USA. BAD 1- 14A]C- A- N UkN A-'Z.A 1 NsT— SI-A--r� . Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Civtt�- I�t'ynRPs s�ui"rs; t.,sou�D sic �a.v.P�B.cnt..s� UN W i3tcOmE _D_CV t oPl +tl nvvcr i+hVF- s JV&T rrvrl/rt _ comp rrfiw NS D ow CE' . Comments: (3ff —oNE CoNGtDIUt{r ^C� CHc*3 'Dfs1h'1�D'fs/�PP1�AV ET Dr?�/tTWPmI%uis TD crVILLr- bra 4Jec:: Lis ycPb�li�ruceo� THE WATERS CONSULTING GROUP, INC. PAGE • 3 '[ I f I � DO(J *,I1NI , f OPYBIG6ll ID 4ti1) PROI' Rlrl rAR iM ORMf I ION..) (,OI YRI(:IfI _l f "_10 I IJ , DOU MEN ION \N1 YORI ION J OA Ml .)O% ,I A'I N [ ;, NO'[ 10 9F.RI PROM QIDIOR\NYRIIAS(\V R If IOI 1 `I I[ RRIFJI,N( ONSI- l'Of lCC(,, INC. ,; C-r`F- 1C LA-T Z KO w : off' L L=-- e►i t > s1�� ce. nrt" V� Co LLI EYL COLLIER COUNTY, I A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATI'ORNEY CANDIDATE SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? "M L" LL. r mmo-ahwty 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Manaeement Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office_ contrasting with the camm s�tpro�tvc management of legal cases? NCVL,7 ire Hoc a� CluNYy tlt�rrot\ StytW�' t:S Tx as NoT' 70 p" fl - mc.T. stKI' LLS : UJ ft-n tirnnN&� 00 BIL "T (-t -SET GOMS 4) ca vNs2t TR40M 5. What is the most difficult management situation with which you have dealt? [= CmRt,i- �"MPrCtlt?� � Nam P�onn\;A1C_. A-UOiD G�uDerkl_ Dis��fhNlCTi�11N. 6. What is the most difficult fiscal management situation with which you have dealt? I. /t- -t kl. f=Q K g qz-�C— . vracLv.warnl3�N' C^ i7 NC M4 Rl _ rr-rftLJ" o --' C_L_ 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made mv� iroL scvERls Ht� carhrniSs�oNrt � r 6�ma CirtGill�It C#0j) coU r�r A�I�'n� N'�1`t�r7 THE WATERS CONSULTING GROUP, INC. PAGE • I l'HI UO(C b( I:N I,1(01TRIMH If )AND A(NM dKl M(,KM.all( )N`.£) (,uPYR[(;H1 111, -- 20fi ;_;n1,�uot[tNEInnR AVYPOR'I IONJ Oi I'HF J(u l'VO:NI',I NOT I'O MKIPR, )k f I [I I(i R:AN'i R(..ouv A I j I; ❑,;RIB- rJN(UA�I NI'( 11 .A, I COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). tSS r% h-rmwzAt -t', H-eyNZ -m SUMu&7 kbc _ M, McAkb m w1biwr WNr�T 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insight Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? r4LA -Nr,k `S S-Mk�- h- CWtR-%M 6-MLJLi t ice- cl�� , iNLi r-,�1pb orJ 1, -A-" G; np f nn,verrisrT De comma 3�e -n Sao a nr ^J) '� r- fLO way 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? w ft e�pxSS o� N pr N0T- NO rC��Bd£� i�(Wn7 S�e3VSLaQ PtiJ t 1c1A PfVO OF F`014&0 0,j F,e� -rte riN � ��t" ®ter �a "V W/ Co — I,v a A m's 1 S I V 2�i�i'YJ1'�� 'rHE WATERS CONSULTING GROUP, INC. PAGE • 2 II DfyI,il- .N15t3)P`: RIG6 IIJANDPRop'jjj;,\Rl1AI4)R Vi.l IIgN. R:(A)PTHRAI1_(I It lA, 'LIIn l)Ut.NtkNI OR 9 PORIIONS OI IH1i U(R 1,M1 N1 7S NUT TO S t RI PR(1DI(A It I OR >N)' R I[ - Ao(N R I I I lOt 1 I [P. NA RI7 "II N (,0 � I 1 01 N f (,, IN(;. 9A COLLIER COUNTY, Fl, SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and /or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? EMENROW u+T w lC_ euc?YiCO<.4 Csiw� w)LL 1ME PRy bCy4: mutLCS' ItkE a�➢ !�Ir1�Ot1i. WA�IS 1� C� (LCV tMV UriZ -- _ bps ILLS- P611S? TI M8--.s RI�T� Q Uy(Lq W TL} C1� SI C Nf 1 i�YUr Cr��tc.i�"NGa-3 lF�i'i<ll . &-C ®,D KNL�W lli'1�GL� Questions from the Candidate - It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. i3u(L7 N13f1�#S sui 7 6'H+ v r� wow Pty" /I r3r 17tilt�r ceen ff wog 'ro r, &V' Cur OP - rAXVkLC- , Comments: uNwr3LCCmd i)&VL P 2: CCrT PvglSe TESTS FY _ Nt-r %0L`!QA- r-b4_) 111 AiP(ev� P�?riau IZ Ni _ Cn "ro i%f,* -C "N C,U AiLOo" DI�c ISi C1 N LA-NtD USL t7XP2 (- 'RCCTl.L674 i4- Fa VCNSA _ GM7t S�li�iIcIC C- UiDRNCL H-6!nf Ta 'iMVk2Vvr _�(La" -,s I cotL) L1t,Nb USE A-rm,RNLrij MUST" Yids I NUGLU -A F4LE, y\ THE WATERS CONSULTING GROUP, INC. PAGE • 3 'Ilf[�DO(t MHNI TS( ()}'YRIGf'llJANDI'R(1P!MI:AR'I INIORit1IION :COI1YRIGtJI (('21 IL IIIllHxlRM1M61 OR NNI PORIIONI01 -'f tll�Jni'i YI:NI i5 N0'1'lt) 11I'. RI PROM (J II f OR -%NYRI ASON IFI "flint "I I 111 AgII -ll N(O,1Ftil'OI :ro b+ly Y L F 9A s1sr_ 4-�®, (,,v Cm u w—y ("),14s) COLLIER COUNTY, FL. Li rf G ft" o.J SUGGESTED INT'F.RVTF,.W QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? hvp-f L&P& LP r`/ d iVT L rO A-+S N E-atuY A)" �s r �mmi i Tu �s r �+fLty 3u N t�, 3. Are there any controvert attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? tYCPGniQr&C,; IN MM'k-t�''NC. uN14%1O`s its M--L. 36TI` f , ML7f Cl� P fNt•d.� i �1 o v'cs f D � c{tC,kN i g'15 =Fs�+S MCLr- sK«es (a va-t I r ft) :U)T�veitv(uF ez) (V eo�h+nUNlCAil9 Cccc�wn) C4-) tnCVr C-0 ftt3 5. What is the most difficult management situation with which you have dealt? r- MPLCy�a CkC7�1r� tthNfm%. Pe ,"A-L - . 6. What is the most difficult fiscal management situation with which you have dealt? eN tcu— t3i�e� 2 No, i; �cculifo---es De('a Tri 'r L4 rt A) i cflfLNd��S t tt N 0 'tN C� y 8,\)7 M6 �cc V Nt' F-c s77W--f--t1 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made ao Pw m t�v3 4 (L1r; , W 1t If7i �cC Cad A� S 9 vS �e rtLU sT W ( C� - W m lLK�1Lg R61lIl'v`n7 3vi�G.:c`'1— THE WATERS CONSULTING GROUP, INC. PAGE • 1 'fl ll�Dn(I �RiN'I <t'pP}'IZIGH J4ND PRPI'i It .9k1" VI a2 \.9'IION. 1. I.uPYRIGH'1 1._'_0114. 1111�1)(1(t N ll1 VlUk \ti' 1101MON505 THSD0 MEN1'ISN0110 B! IZI PROM (1,11 1 OR :111 SR1171 iM1 (Uu9 NI (1[ COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). ��t� -NGi?S � No wrEe.u�H -a��' cry- ��,oC�%r��mlNA- r-rb�as, ��scuss ?onb w�'�e� vufut�^�Ii— scirfF iS wbtt- "Spk)ei13�� miGIN ca NSr,UiDhlc s/tT�t�Li9y ofiFtt��.. cclrnrc cSN� m1= �y RCCN'ss tar /IAT"A-- DL- 'Y'G+{DS c sSNfI-t tlN c1vn -tYy�r TrH�U - c'.?f7aFUJI 1 coVL6 6 — 1.1-CS't..PP 1UL— �C`O 11,a� Ntil NCi 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insight Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation''Z C-c_rf N isi0.iNG ph ARCL�C,&% NfL 0*o. -j+ �ti- UNSU 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? SV f3G f.t�P`NM$" �f.�M�gt�<-1L C:�C4'UYCq -gq� Af ILD�Cj'"h) i+�S THE WATERS CONSULTING GROUP, INC. PAGE • 2 "IIII >DIKA Y'I -:NI rpl YitAd;II.)AND PR(k RIk.ARI I:, I ORMA I I ON C(OPYRR0II ZN: 1'0;. 1IIb DO(I NIIN"C OR ANV PORT I ON,�O! I!if9 DO 4 MI,N I IF NO I' 10 RP.RI -PRODI CT 11 IOR \NYR[ �'OA u' JIIUII1 III UIM-1 -1 .0. M 01 Rt G.IN(_ :,; 9A COLIIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY A 'ITORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? GWV3 -(1t- mGt ' nxr k L",b usI& 1fT'+ai1tJ InnPhe$ u miraSrVr _ uroFv�il�h� mfb'NDI -r� , oVel� Vi 01" Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Vkr WMLCUS Sy¢-rS C_R 1 3j 631G PftZPLt;1',, A-Nb VIZPcrNS(VC. urowu��cmC Dc�rZCPvs1L: m�sr Na'r' e3 C• chPl4clovIs/m.f3IKA -(L`I, cltvrvor P Comments: �t� oNU� VQaN PeVUTn "+`l R�� orvi3 �c3nlcviULtc� Y� . �C6 F DILL mvSi 12x��y otJ wAAtT .EN�P m LbL tAa-Na U.SG3 fno>L3f l , 1_& —VSt- 4z(-- e�XP&Q gN LW THE WATERS CONSULTING GROUP, INC. PAGE. • 3 ❑IK 1)"(l MF N7 ,(ollitIt;[iHI)AN) 11Rl1IIII II GARI I V t ORM%i I((N :(OPYRR;k II (r - ^(yi. !11n DO(l MkAi OR \\Y PORT In1U tIT 0 1 S Iu)(1.AJ- .NIISNOTI0 !Sr- .P.I: PROM CLf.U}pg lh °i RN:WON V,TI 14111 IN lA'Rl l "IlN(I),'I TQM SPENtGg m �rrnwfNC� hssiar A�Mkfill General Information ccYL 9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE SUGGESTED INTERVIEW QUESTIONS 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 44 ftc 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? NN cryx U t (Ar. r. KIJI N UI Pt-1� I'fst c�P6tCtl �W tivCSilif ORWN\£JH1 VA% m c r. sK7i+s C (�) rNr&�n�Ny Liz r�N��, -y t3�Rccovrnirn+ ilfTY C¢� mMuBGi� 1� G0Ms vs�iYU�;ro`mem�TZ� C�) Dc�r6Rr*rcrr Lam) r'ensuuN�t D�veFtsPfua►,tT. �jI Lf,'Yrn av 6XMa,PCE', 5. What is the most difficult management situation with which you have dealt? m"wr.i - i Q bi%J+ u1 t%r LAW t-ifLff�-1 (IN - M)ktnVAI ) bid �y� � CvLlvll4$ tt- I) ILA-N"kA -1 - -� 6. What is the most difficult fiscal management situation with which you have dealt? c6t�-(LG.I�- {31�cK..s z Dus�JL1Qf� wty -I¢�- tN"k Eo. �cdS �.- 7�fr�� K�iN`(�cDS�� rvLL 0" N &-C-fi S ft- Li .a rt A-cE L V N r"- ; L M C. g C� I N 1-0 kjy1 wli> , 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made Dig eeN � I3� $L- Mt, -7iJ (X-', lhiMM1 � % bRk -, C,) C U Lb LV*U War Ti F FS� GOh'LS M -C . CtLV PLFK JNC`{ IS Bid P� b6Jiiltl PIIpRld t� THE WATERS CONSULTING GROUP, INC. PAGE • 1 'fl11,II(X[NII,N1S(OP1RIGIIIi i)AND 1'RgPZll i% JR }IAlk)fi,_ %IjON. (,01"I CH'I 20W 21vi:. 71I�UOfI Nil3 1OR\%VPORTInNS01- 1111.)(1((' NO IlN' I' IS NO 1' 10 Bf IT I 'ROME IT, I OR NM' 8F. 4,( \P9 "Il¢A1 III AM M,'N, 0,If.A9'<» k(I,[V(,. 9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE. in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). W t�-h7' cltnnl(,z;S v.Fcvlt� YOU MA1C>&` ? �01� RIrSLsi�ClCti- �P► �R1�%�A1G_ CO: tsi'1'tfUyVL1 C91` -� r' Ctr. C'1\ -� T I CAi c F c Il_G (M� 1 � /S1'� QN R't_ 5T1>_I: cl"U llEv N (5�0'flS EJLb"fQ�ll� ��T. SPL�NCO'Il. WR*�1'S Cdr H-74U� CcNf^�ANNC.� FrJ SM�-F� Tfft?fty Vc;mmVNly-(ar�t CG 8. When was the last time you were called upon to terminate an employee? Please escrtbe the ed. circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insight Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? $1 rtKLNIl-H'# FVpi Afi7oMIb`f NtiT t5la4 NG RCCLvNHNZZd F4 A- I+i 56 --cQS"C-, cIL� ts+ Clrsi rr)FT Iii 1'GNt s8 i Cc Al , s tZ0-Nr,;' A-C NsT" G-6 /tt.S 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? W�frR' -ND�oa '_ cc, vL!� 8th 1ho11 -t> SroCCiuC7_ D�»t/3- tvl�fiV�, c� cT'ffogy Ijvit� 1-c, PeY�ouR -t_ s'i'ituA/ndLDs_ ;mac VTS Nor Sv( FtiL I�eoLs i6Ct1f3531VL�- - -W1Ll NOS' /)-L(CW /tjlt,(WtSW h iZ:ULLy sv13t1tniNA3TV �q,�aad�,c; far cd>T-n'v" r�i C1111c'NY TLe3 PUNS iT THE WATERS CONSULTING GROUP, INC. PAGE • 2 M,!)"(( fOYRR,1111 )AA1)PRnrifIf :MI�I (AM A11PN. -(OP RI(AI I _i i,_20,t3 !111�DOfInnSVIUR INN 1101) 11( INJ 0111 H, nt)( 4 MIN I I,a NOT 10 7f.MPRODI(III I OR \NVRI Ib0r III Hl nl "I I11N9Rl III N(<),IN'I( A A( IKL cc (u Z-%3 lLntv-'%" Ht Tl o\t>— e(-- ?--cnJ N6 , COLLIER COUNTY, FL 9 A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and /or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? �SIImmary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? r 4i_U t;l ca u ti" r�� Al �r pZHri� , INnPfi t?ric "Nr Yo CMP,, 6°v6 rrf- iNaar+ns L&Zisu -06-- 'rOULS. Tn PAAPWl4 PLI"i CtMMUNIT�( „ tUL�Y /N TA'%l. FaGaar.rroasr) lL��r�2d t3C,/4 ra nr3i�c �4 �n°^� Dues N �vl�s�+�u f�f i�'FFet`f - Nc'�u�U Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. 3urLr HlIrRlL'� = I'I�P0.56`D c, -4"C” TN f-cr- A" TAOUQIiN�, so °�'rubG_n —s 1ftJ�vI;'V%t sw- �u� RU Ec.( m °n1;tT't:7- Comments: aaA-0.D uNw wme l�&vetsPe2� V�-NNOr +off AR6irRRR2i�cgPrt�ic,ous �•vsr �mRT avl� � i �cn► sir` � t!� 1Lte�EN e+tT f °c�nnl � �J ®nt , t�.lu P "Uh.f t-g tR a r "la+ c"� �No PiL" PiL IN cepvAr- i� bnNvr- testy KN o w LV � o d LN*(A vs e THE WATERS CONSULTING GROUP, INC. PAGE • 3 l'I II 1)O(tMi -N1 i('OP'i tlt;t' t t )+1ADI'ROPRII I,AR)IN1 UR.M 411( IN I) I.UI'Yk1(;t I t_lr '_l 1. Kli %%'IOR WY PURIIUNLI U lru ,un vciv - >rvv� iv !I[ Rf PRI)D( ( ECG I (lR %N) RI V,( lj,i'I111 It 'J 111- VIlil"I "Il N (UA�f:;�'I 11F VAL( IA(, 3/28/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET COMMISSIONER: 094 / °m �P�ncrs2 (Pi COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE V' SUGGESTED INTERVIEW QUESTIONS General Information 0 I 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. ..('� P. [f N i7oa (� t5'.'7� c.iV. ✓��i�nip> ' i. "r,c "tt7 Z ° li�2G�l /r'a_.c.- fit_ ,{' /� d/le �' ,��llN rA (, 1/7d L.` }��= iY4. ..a."•✓'�r 2r.. -�� /'Bid' 2. What specific criteria have b esta�iShed, bond s!12j y ad'd ti&, Whicli will �e necessary, _ before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? /i ✓!'=6L '=,T J.v C`: ' �L_ O.c�i.►IB j'�-`l- �"'r�PV t',$Ti°''�T j�(�7I ✓L�" Li.CI -... �'L�J fY.L� �!i(J t3G�C /� /�`d1 �`Ii� f✓% .�[ -C / /G'��r �)7 �O1sL.fa ¢• . N� GorJ fi✓/SGB y�L�- Ci(;,.�j2L 5. What is the most difficult management situation v6ith which you have dealt ?� <Z G6 ,Td 6 -e /yi�� rCE /flc t i S'Ki��f G� o / ✓� /`eiimS i�vl.: <<!S Lei tLi��c�y �Ycy A�:•.D;fC.�J, �:i �l� .n� y fZir_cr.G 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made THE WATERS CONSULTING GROUP, INC. PAGE • 1 'I'H7�IttNt' 11ENt NCOPIRIGHIFD ANDPROPRIE 'IARl " INFORM9'I'ION. $JCOPYRIGH'r 20032001. ' IMSDOCUMP'N "I ORANYPORTIONSOP'IIIISDOQ,SIINI NNCYr "I'O BF REPRODUCED )=0R ANY RFASON a1'1] 101, T11 IF WRITTEN CONSPN'T OF 111 CG, INC. COLLIER COUNTY, FL 94 SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). G /L�r, z� /tflan.. ,t1 LL- L '�,/6sv1 �F- ✓.lort /Ci76.+/L �iiLii,.6 .PLC .P Y /� /oylrf. �7u ✓6,�� 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insiaht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? WG- f�7.Kn„�`J P 3>.I� ��' mb�� ,ocbr ��;<. f `� � Suf�z /��« vir✓�.��.�� G✓,r��, ��✓� THE WATERS CONSULTING GROUP, INC. PAGE • 2 '1'HlbDO(:( MEN 'IISCOPYRIGIi9 F11 ANDPROPRINI:AMINFORMAI TON. CICOPYRIGIIC211112.2003 -T ISDOUIMEN]'ORANYPOR'11OM OF I IINI)pt.CSiPNT I>NUT 10 RF. RFPRODUCED FOR ANY REASON V111IOCT TI IF l RI'ITFN CONSF N'r OF VC ,G, INC. 9A s. COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? �rc/n4g /�� ✓�� !/. �z6.d v �w tow . ,��tie� /�NJ' 'e`s,c d " ' 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Co�r- A9 cG o c n(T rw f3 Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? pWa,k t�7 dC pAEliiaC L° i n�� l4 !L/ /� ✓C( [ wwy Yr (d � �iF J✓ [/f 7Gr /L� / &C;� TAIl /J vi C'u iz.r7CtiCJ— �G2��•eiCY 15. What is your period of availability, if a job offer were extended? Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. `l� /ZC X60 1,114S 'dN Comments: - 1'�•L•�L�a -/✓C�, jif7lhG�l //IiL� �� ✓�° /IC4'-�� .rJ:... -� � �GGI`�Gli THE WATERS CONSULTING GROUP, INC. PAGE • 3 '1'I1h I)O<,C I.NI'IS( OPTRIGHII D ANDPROPRIF,I AR) INFORMA- 11ON. y; COPYRIGM 20022(XJI.THISDOCUNgFNt OR AN Y POR7lONS OF 'I HIS DOCUMENIN N(yr FO RE RP PRODUCED FOR ANY RFIASON'A I MOLT T! IF RRT "MEN CONSENT OF WLG, INC. rg isoe ��c,G �,cwdN23 �'� T.i�� c °v ✓.2l �G�/lj'j' �'/+'D �'G�..r%' � �aapLf. /a, far/, �/, /.0 --( Nyl✓a�< <�itr� ��vaJi %ios„ Tu � ✓�%`l _C�wo Ze�✓i�6 LNwiJ �/IcC O %T TTY P,,.L ✓Gi✓T ey (vC..0 SS illAAl (ai) COLLIER COUNTY, FL 9 n SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE. SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. , (, 2. What s P ecieic critei4a have you established beyond salary and title, which will be necessary, before you acceptanotherjob? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? 5. What is the most difficult management situation with which you have dealt? 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first / 90 days? Please describe what you have learned from other transitions you have made THE WATERS CONSULTING GROUP INC PAGE • 1 Hil l ([hO NILt,OIYRItdiLFU ANDIRUI RIF.1 �Rl I LNFORV HON Z(A)PYRl(,H"lame21101 I Hb DOUINIEN'I ORVNY PORTIONS of IHNNOIl Y11iNl16N(yTIO G,J ✓��I�F TOR 1Ni•R7v,�0S` uTnu ,lCr1ul �RJFli =.N(O,SINIOPar.l.[Nc �n.7 r' �.C✓ c71� ��'l�: l'v ✓w � �'a,ri.vtiS /�c.va,�� Z COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). c- !J /✓��T �?�/°r- ee.`S' C�.10 ✓�!� f.�e� [/lC �Q/f+�+,cd �.., /�i � °„v,nz� t✓17,,Ln.�'S o,�z`ec -c �45✓J .! �jPaA�4 p/ZCi,fari,._, /�FLd:n T /—[.� >G,-' ��c,�� /�(�,s's- C/��wiJ�o;t 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? X`� -` i�'dJ`_ ,'0 Insight Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? /90GMtllf��..(, 7,✓e- O ✓/Ti9l,tSZSJdw'�%�i' c ��Nc °d. CwuH -T� .�/ /7a,2p -t�� ©2.� ✓`V�'`�, .0%%�ll —L'1 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 'I'HL- 1111([ NN NI- SCOPYRIGHT11)AND PROPRII I AR) INFORMA I](IN- 3-, ()PYRIGH'12Up? -2003 THIS UOCI NIRN"1'ORANY'PORT'1ONS of, I IiIS DOCO!AY NI IS NQl' 10 BF,RI;PRUDL CFD F(1R :1NY RFASOV IF.T "IIInL`f THI WR]Tfl4N(OV�FNT UFRU3. INC. COLLIER COUNTY, FT. A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? Uee ec1 P/✓04C,:.6 I��4a c,011 0 . 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Ouestions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. --Vic-L 76C) . oL.-L y ! -i Ci�i�� i» LIVf ,/ rG l /�/✓07/ S f��'i'/��✓ /,C /' TIC% �G�`//c/ C/� Comments: /.A 7a<« l7oW f 7ti - ✓r• THE WATERS CONSULTING GROUP, INC. PAGE • 3 lil Dtyl- AIIt N1JSf,OP)'R1(;HI11)ANI)PROPRIEIAM INIORMAI TON- V(.OPYRI0HT 200'_- 9003.'111IJI)000NIEVIORANY PORT TONS OF'IHISDOt LMENTiSNOT 10 RE RI'PRODMI D FOR 9NY RE.ASOV M MOOT ITIR ARI'M N (ONSFN9' OI ,((,G, INC. i CZ^GLQYI �jGK. /4 /J f C ✓ [ J, /i / -- ! ti ✓mac � 7'0 0114 .— I'a Ti`<< yam✓ ea -�,. L ✓�' %J �o /v,/�,�sss ri;,,,, fGG�Ti'vv / COLLIER COUNTY, FL 94 SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. L> (" C -C'.:. ( <( ��( .I1 ;� T,� "al.� i'iliii4, �VCa/i Jul u..uC- �n�.fVAX " / /.' f'rt`1 �r�i.tr 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? ep� What is the most difficult management situation with which you have dealt? _ A�;p�.,o; ��- ` -'�� ^' o� F�ic (_' C..._ /� ,c r /,i.� �l ✓z.rc ci,�,o` ��/i�hiildu -� � �w , /7,0& � ✓1 wk� 1`1 %' ' %X %I 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made / °� G °�L}� �LC`w,Y_ vs✓ ��/ie7_ �/�` �o ✓a-9 %�cwG�y �a ✓•v %✓r THE WATERS CONSULTING GROUP, INC. PAGE • 1 ❑ 11, DO( (,Ml N IS COPYR161i IP) AND PROPRIF I:ARI I_^ I ORMAHON- U Ci N>YRIGFfI' 2002 -2Ixp. THIL DOCA MF.N'I OR 4NY POR'IION5 Of PHIS DOCCMI=IN ]IS NUT 10 RFRIPRODI'CFD FOR ,ANY REASON u T1IOli7'II, ARIM N CONSENT Of 6Cry INC. COLLIER COUNTY, FL / A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). ��; D jz� �c �y L�kC'i �� /1 /s'r�, �i✓ /Jr47` / C / �Xd,.� � 4 c �y -- m $r CckpX d�v r %/� ✓ C� J %�!e' IJ- 4 iZ�p <_ `13 "6,drf oyL G'cw Sa �/✓o�li ✓ A,) - flN,o2 �SSI�% 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insiaht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? emu✓ U%wLO, x/Jex -oc ,� (/�J�:)n�•� /lo�L�i'Li' (- 'u ✓`.y I'llnln %7 P9d/�i4`.e /nL- .� /Ta -�-y/ 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 '1 Flly, 7R 1(:C�IFN'I IS COI +I'RIGH I flU ANG PRUPRIgfAR}" 1-NFORMA`I R)N. 0 COPYRIGM 2002 2001 l Hh DOQ'NlkN'I OR ANY lPOR71UNS OF PHIS tI I't,11EM IS N01 I0 RF, RFPRODCLFI7 FOR \NYR11VS0NWITIV()l Y" IIiEWRI17ENt:0NSSFN101 R(.G.IN(;. COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? ��'� Z /�� G ��ds.r ,Fi �',o,Ln -�7 ✓i <tc s' ,a.G �� 6c,..L�, 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. LL forcV t. ��IC,�NLI j!✓TL- ` /2.o-ST ��\, j�- ✓d�./,+" ! /��° lGL`'X- /iGri''` Comments: THE WATERS CONSULTING GROUP, INC. PAGE • 3 l lil•LFtt(' MINI ISf01"OI6I 1 111) ANDPROPRIFI '\Rl I NFORNIA I ION. 1)C OPYRaarr_ioc2oo3.lHIJDO(11bIFNI OR ANY I' ORTIONJ 01-I FIISDOt I;24EN I IS NUT i'O BF RF PRUDL'(,EI) FOR ANY RE \SON VI- IOL'I THE \FRITFI.N CONSFNI* OF ICCG, ING r/c �'•LV�A�' - tf, Nra "j 7%Ev?iL }P�52 �J� ✓�`ti� lul �� i7G�LCL•� / ,7 J, ' 9A 7C L.4 %L /<ai -/ (G) COLLIER COUNTY, F SUGGESTED INTERVIEW QUESTION 9 A RECRUITMENT FOR COUNTY ATTORNE 7 H CANDIDATE SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. J pft. :. Z- , vJ'r.l 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Mana¢ement Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? — ,' d �.;4 ✓lS �'�% iC% S S l�T/�( -L ! C .m'lc.°$.,,I ,�r,9 f ,. _L- 5. What is the most difficult management situation with which you have dealt? 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made �IJ% J{ /�� y/�G�C/t%% 70 /./u �.d if G'o ✓O Gl Tc- `ZCa+7+ j �_G127 '7.�sa J' Zee-L C. ✓At%T THE WATERS CONSULTING GROUP, INC. PAGE • 1 1118 DOCUMI N 1 IS CpP)'RIGH I PD AND PROPRIEMR) INYORMA PION- G COPYRIGNL'0(1' Z(XID, I Hh I)MUMEN I OR AN PORTIONS Oi� PHIS DOCUVIl N'F [5N( Yr I O ..may BL, RFPRODCC6D FOR :ANY RF.,ASON q I I] Jf ICT'II -IF. wRJ FI}N CONSFNP OF ,C f (L INC ✓.p�rf 9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). �i lv� i v!d 6'12war /a // t/c4 , i T.. 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? ��✓ o a'). o./ '/�0y1 U✓ U[ �`�� /iAJCJ. t - J!5'4Ke- ...Q.1 ;. ,or on-d Insieht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? % � y �d� �" �/JJd � c, <;:� &3 ✓��.:. 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? �NL w r✓4Tn f;�j.+7-21 THE WATERS CONSULTING GROUP, INC. PAGE • 2 IHI�DII(t'MENI K COPYRA,I I I H) ANDPROPRIFIAR) 1NFORNIA H ON 3,COPYRIGI{I']Ot'22M I THIS DOI.CMF:`. "I OR.%NV PORI IONS of IHISDOCCMFN I' ISNO'F TO PF. RE7)RUDCCFD FOR ANV" RF \SON �CTITIt?C [ ['I IF. RRD-i} N (.ONSFNI OI� R'f.O, ING I 19A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and /or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. c 3/� % �,i G /c /�A� C -v e a1C- �o�� %x o �, e,,Vv L, "o� 'W-t7 Co. Comments: .b DD ; d 4xwvSS i' ✓iT Yai� �:�rC, /T/ r � ./'� cites' f �rzJ'OS✓ /(for �7Uly /C�FLiGc� //i7- I/✓'w4l (�i'�'. THE WATERS CONSULTING GROUP, INC. PAGE • 3 LI!l�Up(.CMhNI!S (OM 'RI t;I111iU 1N3 111101111 HI ARI I N F ORM.YI I ON SI COPYRI G1 fF 210'1 -201 1R is Von 1 KILN I OR 4N Y PORIION$ OF'FH!S DOiU MEN` I IS' N OT TO BF RF PROD CCED FOR ANY RI NAON a FT110I T ❑iP A RI I IT.N CON SF,NF OF RC(3, INC. Scei�OC: tea„ -7wc,1 ' .rih,�Ffio�..�25' /�,_.!�/'2 i✓I'f�Gao, -off ��Z"ZT /�dG��./i ✓t r /his. -Ej�' l�J�!/�'w � / C'Oth�aJ aFe'2 ' Ceti 3/28/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET COMMISSIONER: a TR�CJN�a WEIGHT 30% 30% 30% 10% Management Growth Mgmt Procedures & Land Use FL Law Exper Litigation Ex per Total Points 0 -30 Points 0 -30 Points 0 -30 Points 0 -10 Points Ga Glassman D p Jeffrey Klatzkow p _ 0 0 John Turner L -A 6 0 Thomas Spencer Q 30 __ _ 0 30 9A �r 9A Ln J � � Q d' a 6 ° cr 3/28/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET COMMISSIONER: WEIGHT 30% 30% 30% 10% Mana ement Growth Mgmt Procedures & Land Use FL Law Exper Litigation Exper Total Points -- - - — 0-30 Points --- - 0 -30 - Points - 0 -30 Points 0 -10 Points Gary Glassman 0 Jeffrey Klatzkow — — - -- - - - 0 John Turner 0 Thomas Spencer 0 iwd COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS y RECRULTMENT FO%. COUNTY ATTORNEY —10-ft 4A,,w.�ANDIDATE lny+�SUGGEST ED INTERVIEW QUESTIONS�_y / 2 ari+..T" - ate, Fa General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? _ ooh, - G tnwrl-4d' -/10 A4 AJM 4e , Management Skills /Abilitie / W� y At 4. Describe how u've been able to distinguish yourself a a leader/ anager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? e 4nA 7 �4-�- Ad&Ca! — Q s*O .(5. What is the most difficult management situation with which you have dealt? * V.7 & _ 6. What is the most difficult fiscal management situation with which you have dealt? �• V 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions y9u hawe� de THE WATERS CONSULTING GROUP, INC. PAGE 1 I HIS IYX( MEN I'NIOP)'RI(;HI FD AND PROPRIY IA R) ' INFORMAP ION .C,C OPYRI (:Fff'_UOL?Ixl_l.T HIS D000'MFNf OR ANY PORTIONS OFTHISDO((.AWN'I IS NOT "fO RF. RI PROM I,V D F'( IR -ANY RF:A S(N V I TI fOL 1 ME ARI ITHN CONSP.NT OI AF C(;, INC. COLLIER COUNTY/ FL 9 A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? 1 Insisht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? & Oj 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 '1'} {ISDn(['MRNf15 COPYRk;H'Itil�AND PROYRIF,FARI'INYOR ➢1A P10N- O(IUPYRI(ikfC c01� ?. ^_lxl t. •, }IIa DO<.lNt:A'CUR ANY'PORIIf DNS O! °'CHI:i D(ll l:ID1ENTIS N(71'TP HF. RURODUCI-D FOR ANY RRASON V11110UT 1118 WRl rlT'.N CONSENT OF AFCG, iNC. �".`� ? COLLIER COUNTY, FL 9 A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Ouestions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Comments: �/�d VV THE WATERS CONSULTING GROUP, INC. PAGE • 3 FNI� DO( ,MHNI IS( OPYRIt;H I! D dN) PROP RIP IAR] INI ORNIA I ION. @i COPYRIGkfF 20(12-21X)7. FHIJ DOGTNIF.NI OR \NY POKIAtN OFF[ IN D(VI :V1INT fS NO'r 10 RF Rf PRODI,'CFD [OR ANY RF;ASON V M10CT "i'IIF ARn7PN CONSFN'P OF R CG, INC. COLLIER COUNTY, FL 94 SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY TY4- CANDIDATE SUGGEST— Et'D,INTERVIEW QUESTIONS,,_ General Information IJL&O 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. ko 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any. controversies attached to your pending departure from your current employer /immediate past employer? Manaeement Skills /Abilities�� 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? —5. What is the most difficult management situa on with which you have dealt? 6 What is the most difficult fiscal management situation with which you have dealt? �ls, �.�.c,� wa7 — 7. If you were to be selected as the next Collier County Attorney, how would you spend your ; fir 0 days? Please describe what you have learned from other transitions you have made 1W" &vale t 1�1C� - ilk. a, -.Gp�' X5.,.(0 - ttCl� rr p ".�/./�J "(�J� � n�.�c re►u�..�. — THE WATERS CONSULTING GROUP, INC. " " W Q PAGE • 1 'I'H1�Dn(l,�fl =.Nl htOpl'RIGHfI ?D 4Nll PROYH1hI �A]'INI URV1AlR?N- S,WPYRIG[112011_- 2003. 1H11 DGCPMPN "f OR ANY PORT lF'I HISDOCtAWN'1 IS NGT'10 RF. Rf PRODCCF.D IGR ANI'RFA$GV WI "fl [OPT RiR IXRI'1"IT?. .... .. _ ..�,/� ,�j COLLIER COUNTY, FL 94 1N o � SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal can Idates). Cam, W . * - 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? If Insight Into Self and Ot 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 MISD)(IM1NTK(OPYRIGH "IF,D ANDPROPRIEIARY INFORMAHON- ti,C. OPYR1G1f1 '_Oq?- ?Ix1;.lHtaDUCt;MF:NT URANP POKIIpNSOf`'IHIS Df ICUVEN1 SN0110 RF.RFPROM F.DFORANCR,EAS(INWIIII(TT IMFWTJTM..N(IONSFNTOf VCC(; fNC COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and /or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Ouestions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Comments: ?VWd `"` p JAA4 - g.j < a te. - Ap`° &14 AW THE WA1�ER3ONSN GROUP, / PAGE • 3 CHIS DO(.CWN I IS COPTRIGH'I FD AND PROPRIF;I'ARl INFORMAHON, }j COPYRIGHT 21IIC121H1;�. '1HIS DOCITNIBN"I OR ANV PORIIONJ OF'FHN DOI CWENI IS NO'FI'O NF. RI PRODCCFD FOR ANY RF ASON U'ITHOCT'TI fU A RPPIEN CONSFN'P OF \X(,(;, INC i IS �� W itoe- COLLIER COUNTY, Fop SUGGESTED INTERVIEW QUESTION6 RECRUITMVNT FOR COUNTY ATTORNEY Giw(� CANDIDATE SUGGESTED INTERVIEW QUESTIONS J449 - - General Information 2s�"�y . — +^'�c —'� or Xlc Q {1 " ° � 4 os-o " ei„ off- 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Mana ement Skills /Abilities'` 6" r ..! . "rj° 4. Describe how you've been able to distinguish ourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? 5. What is the most difficult management situation with which you have dealt? V I/ 6. What is the most difficult fiscal management situation with which you have dealt? � o 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made E ,, rj j, _ 'C" weal B c c f XTHE WATERS CONSULTING GROUP, IN V PAGE % l'I] 1)O(,%IENI IS rOPYRIGH'1ED AND PROPRIEIAM INFORMAI ION - V,W PYRIGH' I' ax2- 21X111 HIS DO(IMF.VTORANYPOR "I ION,)(>F I HN Dt(:tMIN I I5 NOT 10 RFRI FROM fFI' F(IR; >(RV 1['j'Il7t(� H IF URIl "1 }'N ( COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? I. . r Insizht Into Self and Others �_� 9. Cite an example of when you have encountered extensive resistance to an idea hav presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS C NS�GROUP, INC. r = O / 0 PAGE •/2 I H IJ DOCUNIENI h Q)PYKA,I fif.DANDPROPRIEI AR) INPORAIA'1' ION. 1, CuPYRIci{I' z11n 2 -2tw. 171 b Dou NENI OR ANY POR11ONS(* II -0S IN )CU BF RFPRODCCFD FUR ANY RI -SON IX Ill fOL I Ii IF ARPl'1T(N CONSF IN Y OI R C6, IN(, L�� ' _1,6- , Ila COLLIER COUNTY, SUGGESTED INTERVIEW QUESTIONS / y RECRUITMENT FOR COUNTY ATTORNEY .� C1 9 - CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? a Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Comments. /ry Lore— — - Who (J"'_ _'3 ee 4,A , ,y �ft r e.� t c r ( THE WATERS CONSULTING GROUP, INC. PAGE • 3 CI[], DOCI MINI IS f OPSR161 OFF) AND PROPIi1 F.f'AR1'INFORAIA'ITON. QCOPYRIGMP 200 2- 2tM' IRISDOC UF1HN' IORANYPOR 71t)NSOF'CHISIXKI.�iFNI'ISNOT TO RF. RLPRODUCFD FOR ANY REASON U'PF TOUT FIF VRI'I-FN CONSENT OF %X CG, INC COLLIER COUNTY, FL 9 A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 4efV SUGGESTED INTERVIEW QUESTIONS V C General Information 7 -- _ '— '" ~7 1. Please explain what is motivating you tt look for other opportunity at this time.I•G_rvGe examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector law. How did you develop your management skills of a law office contrasting with the management of legal cases? 5. W_ hpt is the most t difficult management situation with which you have dealt? r _Qr t 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe w��hat you have 1 ed from other transitions you have made /hoar !,r h fG r�cN. kw Y 17 G C ""70 - wY � A 4,,t,6 p.� ata � - Q THE WATERS CONSULTING GROUP, INC. PAGE • 1 lHl� DO( 6AIFNI IS I OPYRIGHIFI) AD PROPR IF, AR) IN ORMA IION- C, COI1YRIGH'I2007.31X)3 THIJ DOCU MHNT OR ANY POR I IONSOFTHIS DOCLNLNJ ISN(YI -TO IW RI PRODUCFD } OR ,ANY REASON V VRIOCT TFM. RMTN (ONSFNT OF INC, ICCG. J 9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insiaht Into Self and Others r 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP. INC. PAGE • 2 'PHIS DO CI NIEN`I A UOPYRIGI I'1I{D AND 11ROPRIE'i ARY INFORMAL ION. 0 COPYRI611 -1 2002 2MI I111� DOC NIk M OR ANV PORT IOM OF CHIN DO( UMI-N f IS N'l 10 BE RUPRC DUCED FOR ANY REASON lX 1TIOL'f I71G WRITTEN CONSPNT 01 IC R;, INf COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY Cs.. CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? �2a Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Comments: THE WATERS CONSULTING GROUP, INC. J PAGE • 3 'PHIS DOCUAffNI 7: ('OPl'RIGP{'I ID !AND PROPRIFI AM 1.NFORSf A`I ION. I. COPYRIGM 21)112 2M3, THIS DOCUNIFNI OR ANY PORIIONS OF MIS DOCI;MPNI IS N(Yr f0 8F, R1 PROM CED FOR ,WY REASON WITIICICT IIiE WR1TTI N CONSFNI' f fF \CCG, INC. 3/28/2008 COUNTY ATTORNEY INTERVIEW SCORE SHEET 9A COMMISSIONER: J/-/)) co 14a 171_4� WEIGHT 30% 30% Growth Mgmt Procedures & Land Use 30% FL Law Exper 10% Litigation Exper Total Points -----,---Management 0-30 Points 0-30 Points ---1— Points 6 0 Points ----- Gary Glassman 0 Jeffrey Klatzkow 0 John Tumer 0 Thomas Spencer 0 F /70- � a 1 y� O �v INTERVIEW QUESTIONS ECRUI NT FOR COUNTY ATTORNEY n Gamey 7A SUGGESTED INTERVIEW QUESTIONS General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? 3. Are there any controversies attached to your pending departure from your current employer /immediate past employer? Management Skills /Abilities y� 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector f law. How did you develop your management skills of a law office contrasting with the management of legal cases xy`� �` 5. What is the most difficult man t situatio wi w ch y u e de ? 1 c 6. What is the most difficult fiscal management situation with which you have dealt? a �P �t ift 7. If you were to be selected as the next Collier County Attorney, how would you spend your 1 first 90 days? Please describe what you have learned from other transitions you have made i7 1yt� A v THE WATERS CONSULTING GROUP, INC. PAGE I�IlnCC11ENl'ICr'OPl'Rli;H1YD AI: I) IF.R PRODI( YIYtrORW 'mflUN.l�(.OPYRICH'L ^Wi'.:ANl1 THh DCtt,l'MYV'1UR \NY PORI'IUNS OF'PMS DO(t.'w(ENPISNO" 1'q HP. ACPROID' {,HD FUR \NS RPAbON'M 11101 I 'l fL WRJ M N C0W N1'01 Y .I 9A GAx' COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). 8. When was the last time you were called upon to terminate an employee? circumstances and how you handled related disciplinary issues and the Who assisted you in that action? Insieht Into Self and Others Please describe the actual termination. 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 'IRISI) UNIIINf IS COPYRIGI 1)ANDPROPRII.IAR%IN FORMA 'I]ON. 4DCOPYRIGIfI'ptxi`-MI I HISDOCTIN1EN'I OR ANY POP. " TONS Of I'H75DO[I. kIEN IISNQI 10 RP. RI PRODCtDD I OR \NY RF V ON VM IIOC'I I I IF \LRI'i"IFN (OVCpNT OI APCG. INC. COLLIER COUNTY. FL A SUGGESTED INTERVIEW QUESTIONS CRUITMENT FOR COUNTY ATTORNEY (� CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? V/*W,.,�4�-,ttr, &W--�� Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. C ol,10-1: 4 1-e ,te -- %-1 `� ,a�- THE WATERS CONSULTING GROUP, INC. PAGE • 3 11111DO(A MIdN1 IS' OPYRIGH1ED ANDPROPRIH ARI' INI OR- MSP ION . rCOPYRIGI TFZo022IAB .IHISDO(llMBN "IORANYPORIIONS OF'11'IIS DO( UMP.N I IS NOI' 1'0 HF; RI PRODUCED FOR ANY REASON 1X7T1101 T THB QRITF N CONSF,N'F OF \C'CG, INC- jfGLi�7`��'��/V��S e- CttOlzG� /Y� o r. Cc*G,e[,6fDri /iC 9°v/f /1�J°•�/t D v� L . �9 / /di P� T/ozii is �..�jly,� �) COLLIER COUNTY, FL �v SUGGESTED INTERVIEW QUESTIONS1 v RECRUITMENT FOR COUNTY ATTORNEY 4p CAN IDATE A SUGGESTED INTERVIEW QUESTIONS A40 neralInf*ation q\ 1. Please explain what is motivating you to look for other opportunity at this time. Give examples of where you have gone for other interviews and where you have been considered a � finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, y� before you accept another job? tb 3. Are there any controversies attached to your pending departure from your current 4 employer /immediate past employer? Manavement Skills /Abilities �Z 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector 1 How did you develo your management skills of a law office contrasting with the apiement o legal cases? , tlf What is the most difficult management situation with 1 T•/rLit,�`z/Yaw -- ,sr.Err /,/my�`�` la•��'�`� to o t ` r� 6. What is the most difficult fiscal management situation with which you have dealt? 7. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 days? Please describe what you have learned from other transitions you have made S ~ THE WATERS CONSULTING GROUP INC PAGE 'PHIS UOCCIDIHN'f iS t:pYl'RIGHrTD AND PR(A RTE 1 M IYLORMAITON. r (u[ YRIC HI un (wil. MhDOCVNIF,MORAN 1101111()NSO[ THIS DOCUVEN'I 15< RERfPROI)t CE.D FOR XNI RFASON WTDiOI.T D❑ WRIPPH2 CONS[ NF O}. ll L(,, TN(-, to o t ` r� COLLIER COUNTY, FL A SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal candidates'. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insieht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 'C HIS D CMFN'I1SCOPYRIGH1FD AND PROPRIEI ARA I NFORDIXI ION. OC OPYRIGFF20()2. 21 N1 3- THISD(N,lNIENT'OR ANY PORFIONS(k FITTS DOCUME'N I IS NOT 10 AF REPRODUCED FOR %NY RF.ASO IN V I FI ROUT IT LF WRITTEN CONSENT OF VC'CG, IN(- f9q COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? ,�- '4fZ&'44- Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? - -P14. Ouestions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. Comments: 411+. C � THE WATERS CONSULTING GROUP, INC. PAGE • 3 '1I -11� DOC UMFNI IS COPYRIGHIF.D AND PROPRIPA ARY INFORMAIION. Z COPYRI01fI'a102- 21X1%, THIS DOCUNIKM OR ANY POW11ONS OF'IFfI.S DC)CUMF.N 1 IS NC Vr I0 RF RFPRODCLED FOR ANY REASON WRTIK)UT THE WRTTTP.N CONSF,N "T OF \FCG, INC. af,./ - v�l'/ /(IS /S cl�ii7 �%U/I/f/�f -�/�'Jftd�- lvlmss` /orgy/ /4g4:0*agt C,r wr/�/�/3'f' / °GcrYJi.,, �fr.�{? ' Vag T� fo jet % ESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY AN IDATE SUGGESTED INTERVIEW QUESTIONS I j� General Information 1. Please explain what is motivating you to look for other opportunity at this time. Give N K examples of where you have gone for other interviews and where you have been considered a �O finalist. ,. 2. What specific criteria have you established, beyond salary and title, which will be necessary before you acceptanotherjob? 333 i c p 3. Are there any controversies attached to your pending departure from your Curren , v employer /immediate past employer? e Management Skills /Abilities � 1 4. Describe how you've been able to distinguish yourself as a leader /manager in public sect la ' How did you develop your management skills of a law office contrasting with the man_ a a al cas (:SD � What is the most difficult managementsituation with which you have dealt? Sv 69� 411c-- 104 i J �D C J `` 6. What is the most difficult fiscal management situation with which you have dealt? 7 I � If you were to be selected as the next Collier County Attorney, how would you spe first 90 days? Please describe what you have learned from other transitions you hav e PAGE THE WATERS CONSULTING GROUP, INC. WRTC FEN CS COPYRIG H 1111) AN 1) PROPR IF IN M IN FORMA I ION. SS WPYRIGH'I ?PI_' -^_M3. 1 H IS DMI1 MEMT OR A N Y FOR I I ONS OF'THI�DOfL MEN IS N( TO RF. RC PR ODI'CED FOR ANY REASON P 11 RR; T'1111: A RI 171 N (O.vSYN T 01: V (.G, INC. P-9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS D/1P Sic. "� RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE %%/QS T 9D DAy1 in your career (If appropriate, probe as to their prior experience being promoted over internal candidates). /J Rec- 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? Insight Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 'CIi1S Itt R l'T4F'iNI lS (IOP7'RL(;H'IHD AND PROPRIF,I ARY INFORMATION. ® COPYRIGHT 200 21H1}. TPIII DOCUMF'N'I OR ANY POR11ONS OF "FHlS DOCUMF.N'I' IS NOI"1'O NRRFPRODUCED1OR ANYRF,46ONWI'll RVT'!T1F RRI'M] N CONSFNTOI Vi(.(3, FNC. 9A COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask questions of the Board of County Commissioners. CQ,,�,� 01q �f��_ THE WATERS CONSULTING GROUP, INC. PAGE • 3 '['HIS D IC(AIFNI FSCOPYRIGI4'I1:1) AND I'ROPRIEFARI" INPORAIA`I'ION. Z COPYRIGHT2002 2kX13. TFIISDOCIIMEN'J oR \N} PORIIONS OF I "HIS OOCCMFN'1' N N07 "1'O BE REPRODUCED FOR ANY REASON WIT}IOUT 171E %RI "711.N CONSFNP O{ \CCG, INC. COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE SUGGESTED INTERVIEW QUESTIONS ©V y General Information 6 1. Please explain what is motivating you to look for other opportunity at this time. Give h examples of where you have gone for other interviews and where you have been considered a ro finalist. 2. What specific criteria have you established, beyond salary and title, which will be necessary, before you accept another job? CA 3. Are there any controversies attached to your pending departure from your current U employer /immediate past employer? Management Skills /Abilities 111pDO(l%11N'I'IS /:011iRI6H I FD AND PROPRIEI F(]- INIORMA I TON - G,,COPYRIGHT 2002 THIS DO(A'Mh%I OR AN PORT R )NS OF I HIS DOCUNIINI 6NC`F 10 RF. UPROM CM 1 OR ANY RE ASON V1' T1 [OF Tli IF A R17IbN(CONSENT OF - <;(,_.INC. 4. Describe how you've been able to distinguish yourself as a leader /manager in public sector How did you develop your management skills of a law office contrasting with the m _gemenroflegal cases? 5. What is e mos difficult management situation with which you h ve dealt? 6. What is the most difficult fiscal management situation with which you have dealt? ®► J 6 7. If you were to be selected as the next Collier County Attorney, how would you spend your 11 first 90 days? Please describe what you have learned from other transitions you have made THE WATERS CONSULTING GROUP, INC. PAGE • 1 111pDO(l%11N'I'IS /:011iRI6H I FD AND PROPRIEI F(]- INIORMA I TON - G,,COPYRIGHT 2002 THIS DO(A'Mh%I OR AN PORT R )NS OF I HIS DOCUNIINI 6NC`F 10 RF. UPROM CM 1 OR ANY RE ASON V1' T1 [OF Tli IF A R17IbN(CONSENT OF - <;(,_.INC. Z COLLIER COUNTY, FL SUGGESTED INTERVIEW QUESTIONS Yli;;OoC'vi� RECRUITMENT FOR COUNTY ATTORNEY CANDIDATE in your career (If appropriate, probe as to their prior experience being promoted over internal 8. When was the last time you were called upon to terminate an employee? Please describe the circumstances and how you handled related disciplinary issues and the actual termination. Who assisted you in that action? mss'- i��a�L Insieht Into Self and Others 9. Cite an example of when you have encountered extensive resistance to an idea you have presented. How have you gone about changing the opinion of others ranging from your superiors, to your peers or subordinates? Have you experienced a situation in which an employee has overtly or covertly tried to subordinate or undermine your decision? What did you do in that situation? 10. Based on your current knowledge of the Collier County, how will you have to change your management style or approach to fit in to this organization? 11. What special techniques or communications methods have you utilized to keep the governing agency, Department Directors, and citizens informed, so that they understand the issues surrounding the provision of legal services to the organization? THE WATERS CONSULTING GROUP, INC. PAGE • 2 'IHR DOCI AfENI IS( :OPYR1(;F41I-.D AND PROPRIHARY I NFORMA`I'TON. ZCOPYRIGITI 2002 -2 I,'IHIS1)O(:UMP.NTOR ANY POR71ONS Of 'EHIS IX)CUMEN I ISNOit 10 RE REPRODUCED FOR ANY R,E. ASON WITI{OL I 11 W ARITTE:N CONSFNT OI R'CO, INC, 6TL-.r I 1 94 COLLIER COUNTY. FL SUGGESTED INTERVIEW QUESTIONS CRUITMENT FOR COUNTY ATTORNEY CANDIDATE 12. What is the most difficult aspect of your job and/or the activities you least appreciate? The most positive aspect of your job? 13. How have you influenced legal policies within your organization? Regionally? Statewide? Or on a national basis? Summary Information 14. What additional information would you like to provide that we may not have covered, thus far, in this interview? Are there any major points about your background that you would like to emphasize? 15. What is your period of availability, if a job offer were extended? Questions from the Candidate — It is suggested that you allow the candidate a brief period of time to ask rquestions of the Board of Coun�ty� Comm�issio�ners.s.— Comments: soa.,.o AZLr� '0'S�'c� THE WATERS CONSULTING GROUP, INC. PAGE • 3 I Md DMI:MENI IS( OPYRIGH I F.D AND PROPRIP ARl' IN FORNIA`IION- C, COPYRIGII'P 3102.2M I ll-0D DOCU NIF.CI OR ANY PORTIONS OF'PHIS DOCUMF'N I IS NUI 10 RP. AF.PRODCCI D FOR ANY RRASON 1XTrI 10UT "rl IF %RII-II N (ONCFN'l1 t IF % C(I, INC. zrj KLR- T�Ko\.J 5 P rN CO-(L- 9A d 9A MA r a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO u 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_I 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 execution of the Chairman's signature, draw a line through routing lines #1 through 44, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applicable) 2. April 8, 2008 Agenda Item Number 9B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution 0,00 Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applicable) Agenda Date Item was April 8, 2008 Agenda Item Number 9B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 0,00 Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A 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 of BCC approval of the �. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 1� 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 BCC's actions are nullified. Be aware of your 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 County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I q RESOLUTION NO. 2008 -90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT CRAIG R. WOODWARD TO THE HISTORIC /ARCHAEOLOGICAL PRESERVATION BOARD. WHEREAS, Div. 8.07.01, et. seq., of the Collier County Land Development Code, establishes the Historic /Archaeological Preservation Board and provides that the County Commission shall appoint seven (7) members to the Historical /Archaeological Preservation Board; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, The Historical /Archaeological Preservation Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that. Craig R. Woodward, representing the category of Law, is hereby appointed to the Historic /Archaeological Preservation Board to fulfill the remainder of the vacant term, said term expires October 1, 2010. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2008 ATTEST:,,. „ DWIGHT E. BRO,C1+, Clerk By; l/4 Attest at, tb'CMIraq tD ty Clerk signature oni■ Approved as to form and CP:08- BCC - 00418;2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman ov Item # rs;e 2 ' ,�_ _—" Date r .' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Q rl 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 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 exception of the Chairman's signature, draw a line through routing lines 41 through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) List in routing order Office Initials Date I. Collier County Attorney's Office (Initial) Applic able 2. April 8, 2008 Agenda Item Number 9C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution qk b Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office l� PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able Agenda Date Item was April 8, 2008 Agenda Item Number 9C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution qk b Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 1. 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 1 contracts, agreements, etc. that have been fully executed by all parties except the BCC l� Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initiated by the County Attorney's N/A 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 of BCC approval of the document or the final negotiated contract date whichever 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 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! 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 County Attorney's Office has reviewed the chap es, if a licable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 RESOLUTION NO. 2008 -91 9C ` A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 04- 62 establishing the Immokalee Master Plan and Visioning Committee, and provides that this Committee shall be composed of ten (10) members; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Master Plan and Visioning 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. James Patrick Guerrero, representing the category of Business Owner within the Regulatory Area, is hereby appointed to the Immokalee Master Plan and Visioning Committee to fulfill the remainder of the vacant term, said term to expire on December 31, 2009. 2. Carrie E. William, representing the category of Business Owner within the Regulatory Area, is hereby appointed to the Immokalee Master Plan and Visioning Committee to fulfill the remainder of the vacant term, said term to expire on December 31, 2009. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2008 ATTEST: DWIGHT E. BROCKi Clerk By: x. Attest as to ta4mw , D puty Clerk signature on1M Approved as to form and Chief %ssl4ant County Attorney 19;3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . TOM HENNING, airman Item # !`C Agenda/j I o -, 1 Date fldfltl��,!_I�Y Date A 1 i •e ._n 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 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 exception 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) (List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applica ble) 2. April 8, 2008 Agenda Item Number 9D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution 0 Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applica ble) Agenda Date Item was April 8, 2008 Agenda Item Number 9D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 0 Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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 /3�✓ ) 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 N/A Office and all other parties except the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. I 5. In most cases (some contracts are an exception), the original document and this routing slip / I 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! 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 County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 90 RESOLUTION NO. 2008 -92 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE A VACANCY ON THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, Collier County Ordinance No. 91 -10, as amended, which established the County Government Productivity Committee, provides that the Committee shall consist of eleven (11) members; and WHEREAS, Collier County Ordinance No. 2001 -55, as amended, provides that any if board member is absent for 2 consecutive meetings without a satisfactory excuse acceptable to the Board Chairperson, the Board Chairperson shall state such fact at the next board meeting and if the Commission concurs with the Chairperson's notification, the Commission shall declare the board member's position to be vacant; and WHEREAS, Robert Bennett has missed the last six (6) meetings without a satisfactory excuse acceptable to the County Government Productivity Committee; and WHEREAS, the County Government Productivity Committee is requesting that the Board of County Commissioners declare the seat held by Robert Bennett to be vacant on their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the seat previously occupied by Robert Bennett is hereby declared to be vacant on the County Government Productivity Committee. This Resolution adopted after motion, second and unanimous vote. DATED: April 8, 2008 ATTEST: DWIGHT E.`BRO�K', clerk ALLeSt By: AA 0 619pdu" 04ty, ,pproved as to form and legal Chief lgssisf4nt County Attorney CP: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA s By: TO H NNING, Chairman r.' j) Date I ._ I m•/1P/ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP �,i 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 Road 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 exception of the Chairman's signature, draw aline through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. April 8, 2008 Agenda Item Number 9E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution ofy Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was April 8, 2008 Agenda Item Number 9E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution ofy Number of Original I Attached 1P Documents Attached INSTRUCTIONS & CHECKLIST I: Forms / County Forms/ BCC Forms/ Original Documents flouting Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. 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 IVC/J 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 N/A 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 of BCC approval of the document or the final negotiated contract date whichever 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 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! 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 County Attorney's Office has reviewed the changes, if applicable. I: Forms / County Forms/ BCC Forms/ Original Documents flouting Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2008 -93 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, Collier County Ordinance No. 91 -10, as amended, which established the County Government Productivity Committee, provides that the Committee shall consist of eleven (11) members; and WHEREAS, there are currently 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. James R. Gibson, Jr., meets the prerequisites for appointment and is hereby appointed under the category of Retired Government to the County Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2010. 2. Gina D. Downs meets the prerequisites for appointment and is hereby appointed under the category of Retired Business Owner to the County Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2009. This Resolution adopted after motion, second and unanimous vote. DATED: April 8, 2008 ATTEST:.. DWIG1 T E. BROCK; ;Clerk By: /✓ / fUcxt -z - o Attest as to Cie f►� e Signature oniw Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM H NNING, Chairman Item # 1? — Agenda Date Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUfW t N a 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 exception of the Chairman's signature, draw aline throng routing lines #1 throw #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. April 8, 2008 Agenda Item Number 9F 3. 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, 4. Resolution Al Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was April 8, 2008 Agenda Item Number 9F Approved by the BCC 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, Type of Document Resolution Al Number of Original 1 Attached 2e Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A 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 of BCC approval of the document or the final negotiated contract date whichever 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 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! 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 County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2008 -94 9 �J A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92 -18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, the terms of four (4) members will expire creating vacancies in the categories of Owner /Operator, Non - Owner /Non - Operator, including representatives from the City of Naples and the City of Marco Island; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Tourist Development Council has provided the Board of County Commissioners with its recommendations for appointment; and WHEREAS, the Cities of Naples and Marco Island have provided the Board of County Commissioners with their recommendations for appointment to this Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Rick Medwedeff, representing the category of Owner /Operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2012. 2. Murray H. Hendel, representing the category of Non - Owner /Non - Operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2012. 3. Councilman John F. Sorey, III, representing the City of Naples, is hereby confirmed and reappointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2012. 4. Councilman Robert J. Popoff, representing the City of Marco Island, is hereby confirmed and appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2012. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2008 ATTEST: DWIGHT E. BROCIf, Clerk Attest aft" sianature on1■ m Chief as to form t County Attorney 2 BOARD OF COUNTY COMMISSIONERS COLLIERNTY, FLORIDA By: TOM HENNING, Chairman Item # _ 1 F Date I�iL tk, Date IS Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO FQ r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 Bond 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 Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #51. Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applica ble) 2. April 8, 2008 Agenda Item Number 96 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution S' Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applica ble) Agenda Date Item was April 8, 2008 Agenda Item Number 96 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution S' Number of Original 1 Attached V10 Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attomey's N/A 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 of BCC approval of the document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. I/ !� 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 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 P RESOLUTION NO. 2008 -95 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT AND REAPPOINT MEMBERS TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001 -03, as amended, creating the Collier County Coastal Advisory Committee AND provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, there is currently a vacancy on this Committee for the City of Marco Island and the term of the City of Naples representative will expire; and WHEREAS, the Cities of Naples and Marco Island have provided the Board of County Commissioners with their recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Councilman Ted Forcht, representing the City of Marco Island, meets the prerequisites for appointment and is hereby confirmed and appointed to the Collier County Coastal Advisory Committee to fulfill the remainder of the vacant term, said term to expire on May 22, 2011. 2. Murray H. Hendel, representing the City of Naples is hereby confirmed and reappointed to the Collier County Coastal Advisory Committee for a four -year term, said term to begin on May 23, 2008, and to expire on May 22, 2012. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2008 ATTEST: , DWIGHT E, BP,O.CK, Clerk signaturt'6011 as to form Chief #si!tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . TOM NING, Chairman Item # _I- Agenda P,'W Date 'R'.� —� "r Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLITho STO 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 Office only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines # I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throng routing lines # I throw #4, complete the checklist, an d forward to Sue Filson line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. April 8, 2008 Agenda Item Number 9H 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution ,,S- qv Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 19. 7105 WV'WKKIJ►YfWalr lei 039a /:rY1130 (The primary contact is the holder of the original document pending BCC 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 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 Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was April 8, 2008 Agenda Item Number 9H Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution ,,S- qv Number of Original I Attached Z Documents Attached INSTRUCTIONS & CHECKLIST 1: Forns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. 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 Attomey'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 N/A 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's v signature and initials are required. K 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 BCC's actions are nullified. Be aware of your 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 County Attorney's Office has reviewed the changes, if applicable. 1: Forns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2008 -96 9 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REAPPOINT GEORGE E. FOGG TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92 -16 which created the Forest Lakes Roadway and Drainage Advisory Committee and provides that the Committee shall be composed of 5 members; and WHEREAS, the term of 1 member will expire creating a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Forest Lakes Roadway and Drainage Advisory Committee has provided the Board of County Commissioners with its recommendation for reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that George E. Fogg, representing the category of Resident within the MSTU, is hereby reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2012. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2008 ATTEST: DWIGHT E. BROCK, Clerk By: Attest as to Cha't�an ,s p s i gnature of 06 t", , .` Approved as to form and legal Jufficiepcy: Chief A %slAant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By : Y TOM HENNING, Chairman Item# 90 Agenda Date Date j5 Recd FIRMS ul 1 :. THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO P. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE O 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 execution of the Chairman's signature. draw a line throueh routine lines # I through 94. emmnlete the ehe,kiki and f rward in Snr Pik— `1; a acs Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applica ble) 2. 4/8/08 Agenda Item Number 10C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed�� 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 John Yonkosky Phone Number X8088 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 4/8/08 Agenda Item Number 10C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed�� Type of Document Resolution Number of Original 1 Attached �� / Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be Yes 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 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 N/A 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 of BCC approval of the Yes &--i . document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes �y signature and initials are required. I 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 BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/8/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10C MEMORANDUM Date: April 10, 2008 To: John Yonkosky, Budget Director Management & Budget Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -98 Attached, for your records you will find one (1) copy of the document, as referenced above, (Agenda Item #10C), adopted by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please call 252 -8411. Thank you. Attachment IQC RESOLUTION NO. 2008- 98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $50,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE COSTS AND EXPENSES RELATING TO VARIOUS TRANSPORTATION- RELATED PROJECTS, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. W "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -46" means the Loan designated as "Loan No. A -46" the proceeds of which shall be used to finance a portion of the costs of Project A -46. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 1QC "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -46" mean the various transportation- related projects in the Transportation Production Readiness 5 -Year Capital Work Program as described in Exhibit A attached hereto and as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: 3 1QC (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 46. (D) The County desires to borrow an amount not to exceed $50,000,000 in order to finance a portion of the acquisition of Project A -46. (E) On May 8, 2007, the Board authorized Project A -46 to be financed with proceeds of a loan under the Program. (F) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -46 pursuant to the terms of the Loan Agreement and the financing of Project A -46 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A -46 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non -Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (I) Due to the potential volatility of the market for tax - exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -46, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, 0 10C thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -46 in the aggregate amount of not exceeding $50,000,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A -46. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -46 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The County Manager shall determine the date or dates of funding of Loan No. A -46 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -46; provided, however, the final maturity of the Loan may not be later than the expiration date of the Letter of Credit (as defined in the Loan Agreement) at the time of the Draw. Loan No. A -46 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A -46 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -46 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -46. The County does hereby authorize the acquisition of Project A -46 and the reimbursement of any costs incurred by the County with respect to Project A -46 since March 10, 2007 (60 days prior to "official intent" referred to in Section 3(E) hereof). SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -46 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -46 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender "). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. W SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION It. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 8 day of April, 2008. (SEAL) ATTJ�4 : Dv�� gk E. Brock, Clerk 4 At!St 0S..tOry11$1MLIN S Stang urcbhf- BOARD OF COUNTY COMMISSIONERS OF CO FLORIDA By: Chairman Approved as to Form and Legal Sufficiency: 4d & °�� David C. Weigel, County Attorney M MA Item# /CIO Agenda 9* D ate Rac d Of De;u C7 10C EXHIBIT A Description of Project A -46 Project A -46 shall consist of the following transportation - related projects under the Transportation Production Readiness 5 -Year Capital Work Program: Oil Well Road Project ( #60044) Collier Boulevard -- Davis to north of Golden Gate Main Canal ( 960001) David Boulevard ( 960073) ORIGINAL DOCUMENTS CHECKLIST & ROUTING S1If D 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 Office: only aft" 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 [ion of the Chairman's signature, draw a line throng routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in muting order) Office Initials Date 1. appropriate. (Initial) Applic able) 2. 4-8-08 Agenda Item Number IOD 3. (moved from 16 -B -12) 4. Jeff Wright, Asst. County Ally. County Attorney JEW One 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Jeff E. Wright, Asst. County Attorney Phone Number 252 -5740 Contact appropriate. (Initial) Applic able) was Agenda Date Item was 4-8-08 Agenda Item Number IOD A roved b the (moved from 16 -B -12) Type of Document Resolution (A" . = Number of Original One Attached 1 D t l Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- TRP- 0004714 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JEW 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 JEW Office and all other parties except the BCC Chairman and the Clerk to the Board 1 The Chairman's signature line date has been entered as the date of BCC approval of the JEW document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JEW signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JEW 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! 6. The document was approved by the BCC on 4/8/08 and all changes made during the JEW meeting have been incorporated in the attached document. The County Attorney's 0 Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- TRP- 0004714 ion MEMORANDUM Date: April 16, 2008 To: Jeff Wright, Asst. County Attorney Office of the County Attorney From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Agenda Item #101): Resolution 98A Designating property on the Government Campus for use as the Collier County Intermodal Facility Enclosed please find a copy of the document, as referenced above (Agenda Item #10D) adopted by the Board of County Commissioners on Tuesday, April 8, 2008. I have also sent a copy to Sue Falukner, Principal Planner with transit/para- transit. If you have any questions, please call 252 -8406. Thank you Enclosure 100 111 MEMORANDUM Date: April 16, 2008 To: Sue Faulkner, Principal Planner Alternative Transportation From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Agenda Item #lOD: Resolution 98A Designating property on the Government Campus for use as the Collier County Intermodal Facility Attached is a copy of the above referenced document, adopted by the Board of County Commissioners on Tuesday, April 8, 2008. The Minutes & Records Deaprtment has kept the original for the Board's permanenet record. I have also sent a copy to Jeff Wright in the County Attorney's Office. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment 1Oli RESOLUTION 08- 98A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING A 1.2 +/- ACRE PARCEL OF LAND WITHIN THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, FOR USE AS THE COLLIER AREA TRANSIT INTERMODAL FACILITY. WHEREAS, Collier Area Transit (CAT) has provided a public transit service to the Collier County community since February 15, 2001; and WHEREAS, on August 1, 2007, CAT moved its passenger transfer facility from the Lorenzo Walker Institute of Technology to a temporary location within the Collier County Government Complex, 3301 East Tamiami Trail; and WHEREAS, the Collier County Transportation Division, in conjunction with the Facilities Department, has identified a 1.2 +/- acre parcel within the Collier County Government Center on the northeast comer of Tamiami Trail East and Espinal Boulevard (approximately 1,000 feet southeast of Airport- Pulling Road South), depicted in the attached Exhibit "A," as a suitable, permanent location for the CAT lntermodal Transit Facility; and WHEREAS, the proposed facility is consistent with the permitted uses provided in Collier County Ordinance 04 -56, the Collier County Government Center Community Facilities Planned Unit Development /Development of Regional Impact. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners hereby designates the 1.2 +/- acre parcel depicted in Exhibit "A," attached hereto and incorporated by reference herein, for use as a permanent Collier Area Transit Intermodal Transit Facility. This Resolution adopted after motion, second and majority vote, this'%4% day of 2008. ATTEST: DWIGHT'E. BROCK, CLERK By: (tea, &ku io G E e uty Clerk �', r Cho iPidn f and le al sufficiericy: 1 Jeff A. Wri t J Assist t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM ANNINC, CHAIRMA Item # 10 .— Agenda Lf Date , I O V Date y-6 ]Cg Recd — . a f EXHIBIT "A" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAI. DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE. FOR SIGNATURE Pitrt on pink paper. Attach to original document. Original documents should be hand delivered to the Board 0 It) cc The completed routing slip and original documents are to be foiwarded to the Board 011ice only after the Board has taken action on the Mein_) ROUTING SLIP Complete routing lines 91 through #4 as appropriate for additional signahn'as, dates, and /or inlbmration needed. If the document is already complete with the execution of the Chairman's signature, draw a line through muting lines #1 tlrnmgh #4, complete the checklist. and forward to Sue Filson (line 05). Route to Addressee(s) (ristin routing order) Office Initials Date I. Attorney (Initial) Applicable) 2. April 8, 2008 Agenda Item Number 10 -F (Moved from 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 16F4) 4, Jeffrey A. Klatzkow, Chief Asst. County Arty. County Attorney JAK 4 -21 -08 5. Site Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ( the primary contact a the holder of the original it ocw men t pending BCC approval- Normally the pnmary contact is the person who created /prepared the executive summary. Primary contact inton man oil is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature arc to he delivered to the BC( oIIIceonIN after the BC'(' has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, Chief Asst. County Phone Number 2614 Contact Attorney (Initial) Applicable) Agenda Date Item was April 8, 2008 Agenda Item Number 10 -F (Moved from Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 16F4) Type of Document Intel local Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms, County Fonm/ IW( Forms/ Original Documents Routing Shp wWS Origina 19.01(14 Revised 1 20.05, Revised 224.05 01 Win /a Initial the Yes colunm or mark `N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK 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 JAK 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 of BCC approval of the JAK document or the final negotiated coon act date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK 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! 6. The document was approved by the BCC on 4 -8 -2008 and all changes made during JAK ttctt the meeting ave been incorporated in the attached document. The Count Attorney's g P Y k `, �'R1t�fs �.a Office has reviewed the changes, if applicable. tr I: Forms, County Fonm/ IW( Forms/ Original Documents Routing Shp wWS Origina 19.01(14 Revised 1 20.05, Revised 224.05 01 Win /a INTERLOCAL SERVICE BOUNDARY AGREEMENT 1 op This Interlocal Service Boundary Agreement ( "Agreement ") is entered into by and among Collier County, Florida ( "County ") and the North Naples Fire Control and Rescue District ( "Fire District "). RECITALS WHEREAS, Hole in the Wall Golf Club, Inc., a Florida not - for -profit corporation, and Royal Poinciana Golf Club, Inc., a Florida not - for -profit corporation, submitted a joint petition h a for annexation to the City of Naples, Florida ( "City ") dated October 5, 2007; and � WHEREAS, Florida's Interlocal Service Boundary Agreement Act, Sections 171.20 — 171.212, Fla. Slat., ( "Act ") strongly encourages local governments to determine how to provide 2 services to residents and property in the most efficient and effective manner by establishing V procedures encouraging and allowing for intergovernmental coordination in planning, service delivery and boundary adjustments during annexations and also to avoid conflicts and litigation; sa. t and a: WHEREAS, on or about November 27, 2007, the County adopted an initiating =r Resolution as prescribed by Section 171.203(1) of the Act to negotiate any and all issues -r �3 concerning service delivery, fiscal responsibilities and or boundary adjustments in connection with the annexation. A copy of this initiating Resolution, together with the area to be annexed ( "Annexed Area "), is attached as Exhibit l; and a WHEREAS, the City, on or about December 19, 2007, adopted a responding Resolution to the County which declined Collier County's request to negotiate an Interlocal Service z E. Boundary Agreement concerning the property to be annexed, a copy of which Resolution is attached as Exhibit 2; and OR: 4353 PG: 1819 10F WHEREAS, pursuant to Ordinance 07- 11886, adopted December 19, 2007, the City of Naples annexed into the City approximately 204.73 acres, located at 3880 Goodlette -Frank Road, as requested by Annexation Petition 07 -AX2, submitted by Hole in the Wall Golf Club, Inc., a Florida not - for -profit corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a Florida not - for -profit corporation (.54 acres), a copy of which Ordinance is attached as Exhibit 3; and WHEREAS, the Fire District, pursuant to Resolution 07 -034, on or about December 13, 2007, also adopted a responding Resolution to the County's Resolution; and WHEREAS, the County and the Fire District have met in publicly noticed and publicly open negotiation sessions to negotiate this Agreement; and WHEREAS, the negotiations included discussion of fire prevention services, commercial recycling, and concurrency as well as other matters as authorized by the Act; and WHEREAS, despite several requests by the parties, the City of Naples elected not to participate in the publicly noticed and publicly open negotiation sessions to negotiate this Agreement, nor be a party to this Agreement; and WHEREAS, after consideration, the County and Fire District have determined this Agreement is in the public interest and for the public's benefit. NOW, THEREFORE, in consideration of the mutual covenants and promises and the consideration set forth in this Agreement, the sufficiency of which is acknowledged by the County and the Fire District, and with the intent to be legally bound, the County and Fire District mutually agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into and made part of this Agreement. 2 OR; 4353 PG; 1820 1 o F 2. Fire Services. a. Term. The Fire District shall remain the service provider to the annexed property. Upon the expiration of this agreement, the Fire District shall continue to remain the service provider, including providing permit and plan review and approval, until such time as the City and Fire District enter into an inter-local agreement to address the provision of service to the annexed property. b. District Boundary Contraction. The boundary of the Fire District shall not contract upon the effective date of the annexation. C. Premium Tax Revenues. As a result of the Fire District's boundaries not contracting, the Fire District shall collect the premium tax revenues arising from the annexed property. d. As Valorem Taxes. The Fire District shall continue to collect its ad valorem taxes from the annexed area. e. User Charges and Impact Fees. The Fire District shall continue to collect user charges, including false alarm fees, impact fees and any other fees charged by the Fire District from the annexed area. f Plans Examination, Permitting and Inspections. The Fire District shall continue to review applications for new permits and plan review. The Fire District's regulations shall apply to those applications for permits and plan review and to those inspections that occur after the effective date of the annexation. The Fire District's fees for plan review, permitting and inspections shall be charged pursuant to the Fire District's fee schedule. The City shall be prohibited from issuing the applicable Certificate of Occupancy, or any equivalent approval, if the associated building has not received the appropriate approval from the Fire District. g. Employees. Any employee of the Fire District that may be displaced as a result of the annexation of Ilole -in- the -Wall will be considered for employment by the City in the same capacity or in an equivalent capacity as may be available within the City. 3 OR: 4353 PG. 1821 10F h. Equipment. Any equipment that may be deemed to be surplus by the Fire District as a result of the annexation of Hole -in -the -Wall will be considered for purchase or assumption of the lease or other obligation by the City at its then fair value. i. Survival: It is expressly understood and agreed upon that this Section 2 shall survive the termination of this Agreement. 3. Recycling. The Collier County Nonresidential Recycling Ordinance, Ordinance No. 2004 -50, or as amended, will continue to be followed for the Annexed Area. The City is in the process of considering for adoption its own Nonresidential Recycling Ordinance, and upon adoption, the City's ordinance will be followed. 4. Concurrency. The County is concerned about the level of service on Goodlette- Frank Road and at intersections around the Annexed Area. Accordingly, should any increase in density or intensity of use beyond that authorized by the current Annexed Area. zoning be permitted or should any additional development or redevelopment occur within the Annexed Area, the County and the City will coordinate the review of the development to assess the impacts and collect any fair share contributions to make necessary intersection improvements as determined by the County. The City will make all needed contributions toward fair share (based upon trips generated) within six (6) months after any post annexation zoning or approvals increasing density or intensity or within a reasonably agreed upon time frame of any new approvals of development or redevelopment of uses within the Annexed Area. Any roadway or intersection improvements will be permitted and managed by the County. 5, Stormwater. The County is concerned about the level of stormwater management. Accordingly, should any increase in density or intensity of use beyond that authorized by the current Annexed Area zoning be permitted, or should any additional development or redevelopment occur within the Annexed Area, the City will provide that all 4 OR: 4353 PG: 1822 stormwater created by such development shall be retained within the Annexed Area, and that no additional stormwater shall flow out of the Annexed Area. 6. Emergency Medical Services and Hurricane Shelters. The County is concerned about maintaining the current level of service for Emergency Management Services to the Annexed Area, and for providing necessary Hurricane Shelters. Accordingly, should any increase in density or intensity of use beyond that authorized by the current Annexed Area zoning be permitted, or should any additional development or redevelopment occur within the Annexed Area, the City will coordinate the review of the development with the County to assess the impacts on Emergency Management Services, and the need for additional Hurricane Shelters, and collect any fair share contributions as determined by the County. 7. Solid Waste Collection. The present solid waste collection under contract by the Board of County Commissioners, servicing the Annexed Area, shall continue as set forth in Florida Statutes Section 171.062. 8. County and Fire District Agreement Not to Object to Annexation. The County and the Fire District agree that they will forego objection and challenge to this annexation. 9. Amendments. This Agreement may only be amended by written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 10. Severability. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid or unconstitutional, the validity of the remaining parts, terms and provisions shall not be affected thereby and such an illegal, invalid or unconstitutional part, term or provision shall be deemed not to be part of this Agreement. 5 OR: 4353 PG; 1823 11. Dispute Resolution. Should any disputes or alleged breaches arise under this 0 F Agreement, the County and the Fire District agree that such disputes shall be resolved in accordance with the Florida Interlocal Service Boundary Agreement Act, Sections 171.20- 171.212 Fla. Stats. However, nothing in this Agreement shall prohibit the parties from attempting to first resolve or to resolve any disputes under this Agreement by voluntary mediation, in the most expeditious and least expensive means possible. The parties agree to work cooperatively to select a mutually acceptable mediator within thirty (30) days after a dispute or alleged breach of this Agreement arises. If no consensus as to a mediator is reached, the parties will request the Chief Judge of the Twentieth Judicial Circuit to appoint a mediator with experience in local government law and contract law. The parties agree that all expenses of such voluntary mediation shall be divided equally among them. 12. Construction. This Agreement shall be governed by and construed under the laws of the State of Florida. 13. Recording. The County and the Fire District agree that this Agreement shall be recorded in the Official Records of Collier County, Florida as soon as practicable after approval and execution by all parties. The County shall pay the costs of recording this Agreement. 14. Term. The initial term of this Agreement shall be for five (5) years following the effective date, or the expiration of the term provided for in Section 2 of this Agreement, whichever is later. Renegotiation between or among the parties affected shall commence not later than 18 months before the date of expiration, and the renegotiation shall be governed by the initial negotiation procedures as set forth in the Act. L OR; 4353 PG; 1824 15. Effective Date. The parties acknowledge that this Agreement may be executed on different dates by the parties. Accordingly, this Agreement shall only become effective on the date it is signed by the last party to execute the Agreement. IN WITNESS WHEREOF, the County and the Fire District have caused this Agreement to be executed by their appropriate officials. DATED:.;�?��' ATTEST: Dwijht 1: Brock, CLERK and Chief (Assistant County Attorney W� n _ „Agh_j gnatgnat re rcK- Printed Name �. , Oil J,.�11-_ -- Signature Print Name Approved as to form and I I fficiency: Laura Jacobs onaldson, Esq. BOARD OF COUNTY COMMISSIONERS OF COLLIE COUNTY, FLORIDA By: L411�_ — TOM r1ENNINyj, CHAIRM Date: Fl pfLI L b , o7Dp8 BOARD OF COMMISSIONERS, NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT By: _ J Date: Margaret Hanson, Vice - Chairman Board of Fire Commissioners On behalf of North Naples Fire District OR: 4353 PG: 1825 RESOLUTION NO. 2007- 339 A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE BOUNDARY ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT REGARDING 204.19 ACRES OF LAND, MORE OR LESS, DESCRIBED HEREIN AS THE HOLE IN THE WALL GOLF CLUB, PROPOSED TO BE ANNEXED INTO THE CITY OF NAPLES WHEREAS, Florida's Interlocal Service Boundary Act (herein "the Act "), being Chapter 2006- 218, Laws of Florida, includes sections 171.20, 171.201, 171.202, 171.203, 171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21, 171.211 and 171.212, Florida Statutes, approved by Governor Bush on June 14, 2006; and WHEREAS, the Act's principal goals, as stated in the Act's section 171.201, are to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the Community, Also to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation and to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; Also to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability and to prevent inefficient service delivery and-an insufficient tax base to support the delivery of services; and WHEREAS, as defined in the Act's subsection 171.202(7), this resolution is Collier County's "initiating resolution" to commence the process for negotiating an interlocal service boundary agreement and which identifies the County's specified unincorporated area and the County's designated issues for discussion; and WHEREAS, as defined in the Act's subsection 171.201(8), an "Interlocal service boundary agreement" means an agreement adopted pursuant to the Act between a county and one or more municipalities, and which may include one or more defined independent special districts as parties to the agreement; and WHEREAS, as defined in the Act's subsection 171.202(3), the applicable "independent special districts" are limited to special districts as defined in Section 189.403, Florida Statutes, and that provide fire, emergency medical, water, wastewater, and /or stormwater services; and WHEREAS, the Act's subsection 171.203(2) specifies that within sixty (60) days after receipt of this initiating resolution, the City of Naples shall adopt its responding resolution, wherein the City can, identify an additional unincorporated area or incorporated area, or both, for discussion; Also the City may thereby designate additional issues for negotiation, and pursuant to the Act's subsection 171 .202(15), may designate one other special district; and WHEREAS, as stated in the Act's subsection 171.203(2)(d), each qualified independent district that receives the County's initiating resolution can participate in the interlocal service boundary agreement negotiation process by adopting its resolution indicating such intent; and WHEREAS, as stated in the Act's subsection 171.203(16), the Act does not authorize one local government to require another local government to enter into an interlocal service boundary agreement, but when the process for negotiating an interlocal service boundary agreement is initiated, the local governments shall negotiate in good faith to the conclusion of the process established in the Act's Section 171.203; and WHEREAS, as defined in the Act's subsections 171.202(4) and (5), Collier County is the "Initiating County" and is also the "Initiating local government," and WHEREAS, pursuant to the Act's subsection 171.203(1), the land area to be discussed pursuant to this process is described herein as the Hole in the Wall Golf Club, which EXHIBIT 1 10F OR: 4353 PG; 1825 according to the application for annexation, consists of 204.19 acres, more or less, which � F ;, land area is depicted on the map (the "descriptive exhibit ") attached to this Resolution as �9 Exhibit A; and WHEREAS, pursuant to the Act's subsection 171.203(1), Collier County's designated issues to be negotiated are listed below in the body of this Resolution; and WHEREAS, as defined in the Act's subsection 171.202(9), an "invited local government" means each invited county, municipality, or special district and any other local government designated as such in an initiating resolution, or is a responding resolution, that invites the respective local government(s) to participate in negotiating an interlocal service boundary agreement; and WHEREAS, Collier County's two (2) "Invited local governments" are the City of Naples (the County's designated "invited municipality "), and the North Naples Fire Control and Rescue District, an Independent Special District, as a "Notified local government" or and "invited local government." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The above WHEREAS clauses are incorporated herein. 2. Collier County, as "the initiating county," hereby designates the City of Naples as the County's "invited municipality." 3. Collier County, as "the initiating county," hereby notifies the North Naples Fire Control and Rescue District of this Resolution as a "Notified local government" or and "invited local government." 4. The County's designated land area, all of which is unincorporated, is described herein as the Hole in the Wall Golf Club, which land areas, which according to the application for annexation, consists of 204.19 acres, more or less, and which acreage is depicted on the map attached to this Resolution as Exhibit A ( "the descriptive exhibit "). Based upon the application for annexation, the legal description of this land area proposed to be annexed into the City of Naples is: Lots 23 -32: Lots 23 through 32, inclusive, of Naples Improvement Company's Little Farms, according to the Plat thereof, recorded in Plat Book 2 at page 2, Public Records of Collier County, Florida, consisting of 187.8 acres, more or less; AND Parcel A: All that part of the West 198 feet of the Southwest 114 of the Northwest 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 23; thence North 88 "47'48" East along the quarter section line a distance of 34.14 feet to an intersection with the Easterly top of bank of Gordon River Drainage Ditch, said intersection being the point of beginning of the parcel herein being described; thence continue along said quarter section line North 88 "47'48" East 163.86 feet to an intersection with the Easterly line of said West 198 feet; thence South 01 °03'02" East along said Easterly line a distance of 273.03 feet to an intersection with said Easterly top of bank of said Drainage Ditch; thence leaving said Easterly line along said Easterly top of bank of said Ditch on the following (15) described courses; thence North 53 "25'20" West 33.78 feet; thence North 31 "33'28" West 53.27 feet; thence North 04 "11'51" East 11.28 feet: thence North 47 "24'49" East 44.09 feet; thence North 58 "17'59" West 18.87 feet; thence South 89 "41'10" West 10.73 feet; thence North 32 °14'57" West 8.80 feet; thence North 04 °43'32" West 9.48 feet; thence North 20 °23'31" West 41.72 feet; thence North 51 °04'36" West 32.24 feet; thence North 71 "0318" West 37.17 feet; thence North 63 °49'18" West 18.83 feet; thence North 31 °13'48" West 21.70 feet; thence North 07 °59'10" OR; 4353 PG; 1827 West 9.96 feet; thence North 20 "35'44" West 29.93 feet to the point of beginning of the parcel herein described, containing .46 acres of land, more or less; AND Parcel B: All that part of the West 198 feet of the Southwest 1/4 of the Northwest 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 23, thence South 01 "03'02" East along the Westerly line of said Southwest 1/4 of said Northwest 1/4 a distance of 133.83 feet to an intersection with the Southerly line of said Southwest 1/4 of said Northwest 114, thence North 83 °54'01" East along said Southerly line a distance of 132.59 feet to an intersection with the Easterly top of Bank of the Gordon River Drainage ditch, said intersection being the point of beginning of the parcel herein being described; thence continue along said Southerly line of said Southwest 114 f said Northwest 1/4 North 88 °54'01" East 65.41 feet to an intersection with the Easterly line if said West 198 feet; thence North 01 "03'02" West along said Easterly line a distance of 111.67 feet to an intersection with said Easterly top of bank of said Drainage Ditch; thence leaving said Easterly line along top of bank of said Ditch on the following (4) described courses; thence South 27 °00'26" West 21.88 feet; thence South 24 "05'47" West 46.75 feet; thence South 32 °01'31" West 25.39 feet; thence South 35 "32'50" West 35.89 feet to the point of beginning of the parcel herein described; containing 3,319 square feet of land, more or less; AND Parcel C: All that part of the Southwest 1/4 of the Northwest 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the Northwest 114 of said Section 23, then North 88 °47'48" East along the quarter section line a distance of 198.00 feet; thence South 01 °03'02" East 364.32 Feet to an intersection with the Westerly top of bank of the Gordon River drainage ditch said intersection being the point of beginning of the parcel herein being described; thence continue South 01 °03'02" East 736.41 feet to an intersection with the Westerly top of Bank of said drainage ditch; thence Northerly along said top of bank of said ditch on the following (21) described courses; thence North 13 °42'35" East 32.39 feet; thence North 26 °03'47" East 43.29 feet; thence North 51'45'44" East 49.62 feet; thence North 24 °49'56" East 48.02 feet; thence North 07 "46'47" East 21.12 feet; thence North 18 °07'01" West 36.65 feet; thence North 59 "17'51" West 11.23 feet; thence North 13 "55'41" West 23.82 feet; thence North 12 °53'05" East 39.20 feet; thence North 23 °26'05" West 11.48 feet; thence North 46 "31'46" West 9.64 feet; thence North 21 °12'44" West 81.61 feet; thence North 11'17'34" West 41.72 feet; thence North 00 °16'46" West 52.13 feet; thence North 10 "22'33" East 35.20 feet; thence North 10 "15'09" West 31.07 feet; thence North 12 °45'32" East 27.21 feet; thence North 03 °05'53" East 25.26 feet; thence North 33 "51'45" West 21.85 feet, thence North 12 "19'53" West 136.08 feet; thence North 07 °10'32" West 15.60 feet to the point of beginning of the parcel herein described; containing .69 acres of land, more or less; AND Parcel D: All that part of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as commencing at the Northwest corner of the Southwest 114 of the North 1/4 of said Section 23; thence South 01'03'02" East 1333.83 feet to the point of beginning of the parcel herein being described; thence South 01 °04'22 ", East 126.09 feet to an intersection with the Westerly top of bank of the Gordon River Drainage Ditch; thence North along the top of the Bank of said Ditch on the following (2) described courses; thence North 36 °04'54" East 137.45 feet; thence North 38 "45'50" East to an intersection with the Southerly line of said Southwest 1/4 of the Northwest 1/4; thence South 88 "54'01" West along said Southerly line a distance of 96.85 Feet to the point of beginning of the parcel herein described; containing 6,036 square feet of land, more or less. OR; 4353 PG; 1828 5. The County's designated issues for negotiation are any and all issues nF concerning service delivery, fiscal responsibilities, and/or boundary adjustments. The interlocal service boundary agreement issues may include, but need not be limited to, the following: a. Identifying a municipal service area. b. Identifying an unincorporated service area. C. Identifying the local government responsible for delivery or funding of the following services within the municipal service area or the unincorporated service area including: 1. Public safety 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. 7. Garbage/trash collection and recycling. d. The interlocal service boundary agreement may establish a process and schedule for annexation of an area within the designated municipal service area, if any, consistent with the Act's Section 171.205. e. The interlocal service boundary agreement may establish a process for land -use decisions consistent with part II of Chapter 163, Florida Statutes, including those made jointly by the governing bodies of the County and the City of Naples, or allow the City of Naples to adopt land -use changes consistent with part It of Chapter 163, Florida Statutes, for other land areas, if any, scheduled to be annexed during the tens of years specified in the interlocal service boundary agreement. If the agreement addresses responsibility for land - use planning under Chapter 163, Florida Statutes, the agreement may also establish the procedures for preparing and adopting comprehensive plan amendments, administering land - development regulations, and issuing development orders. f. The interlocal service boundary agreement may address other issues concerning service delivery, including the transfer of services and infrastructure. g. The interlocal service boundary agreement may provide for the joint use of facilities and the colocation of services. h. The interlocal service boundary agreement may Include a requirement for a report to Collier County from the City of Naples of the City's planned service delivery, as provided in the Act's Section 171.042, or as otherwise may be determined by the Agreement. i. The interlocal service boundary agreement may establish a process by which the local government that is responsible for water and wastewater services shall, within thirty (30) days after any respective annexation of territory, apply for modifications to permits of the water management district and /or Florida's Department of Environmental Protection which are necessary to reflect changes in the entity that is responsible for managing surface water under such permits. j. As stated in the Act's subsection 171.203(8), in order to ensure that the health and welfare of the residents affected by annexation will be protected, all fire and emergency medical services shall be provided by the existing provider of fire and emergency medical services to the annexed area and remain part of the special district unless Collier County and the City of Naples reach an agreement, through the interlocal service boundary agreement or other legally sufficient means, as to which entities shall provide those emergency services. 6. As stated in the Act's subsections 171.203(1) (a), (b), and (c), the County Manager shall, by United States certified mail, send copy of this Initiating Resolution (a) to the City Manager of the City of Naples, (b) to the City Manager of the City of Marco Island, (c) to the Mayor of Everglades City, and (d) to the Chief Administrative Officer of the North Naples Fire Control and Rescue District, Chief Michael L. Brown. OR: 4353 PG: 1829 7. This Resolution shall take effect immediately upon adoption. ADOPTED this )-Jt� day of �� 4��" 2007 after motion, second and majority vote favoring adoption. ATTEST: DWIGFf:" E. BROCK; Clerk n- AttesLpR• , air 4 f 0 9nature onl- Approved as to form and let BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: XMES COLETTA, airman jai sufficiency: Thomas ss almer, Assistant County Attorney 10F OR: 4353 PG; 1830 EXHIBIT A i A, a.k rDl o n x & 22 ]] ExTReuC[ io Rom Raxnww car noel OIV DI xMtLS xlaxnwDs DR MN IERRnQ L. LM xx AK croRrss Wows o ET / fum x L IN THE WALL GCIf ttYB CLCPER BRIK 5F p / 8 yy � / LIMOIS DRIVE ROYAL ruxcux om LDYRSL x W.SLpISW BRI4S x� � WILDERNESS COUNTRY 1109 d GCL SIRIET \/ / / x n L EXHIBIT A WHEREAS, the Florida Interlocal Service Boundary Act (Part II, Chapter 171, Florida Statutes) subsection 171.203(2) specifies that within sixty (60) days after receipt of this initiating resolution, the City shall adopt its responding resolution; and WHEREAS, the land area to be discussed pursuant to this process consists of 204.73 acres, more or less, located at 3880 Goodlette -Frank Road which land area is depicted on the map attached to the initiating resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1_ The City of Naples hereby responds to the initiating resolution of .Collier County (Resolution 07 -339) and respectfully declines Collier p County's request to negotiate an Interlocal Service Boundary !:�o Agreement concerning the property described and depicted in said resolution. .p C J J1 Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF T ITY CO IL OF THE ITY OF NAPLES, FLORIDA, THIS 19TH DAY OF DECEMBER, 2 Cp w arnett, or Attest: Ap /ve�d as to orm a legality: �7 /�J t� C Tara A. Norm City Clerk Robert D. Pritt, Qity Attorney M: \REF \COUNCIL \RES \2007 \07 -11883 Date filed with City Clerk: �L /Z10 I hereby Eenity mar it above and foregoing is a T rue and i � �� (k s y of records appearing (a ( the Gt Office, files of f N les, Florida. Title EXHIBIT 2 uwn,�v -ra�c 1OF Agenda Item 11 0 sting of 12/19/07 RESOLUTION 07 -11883 44 A RESOLUTION (RESPONDING RESOLUTION) OF THE CITY COUNCIL, CITY OF ZS, PURSUANT TO PART II OF CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE BOUNDARY ACT) IN .RESPONSE TO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT REGARDING 204.73 ACRES OF LAND, MORE OR LESS, LOCATED AT 3880 GOODLETTE -FRANK ROAD NORTH, PROPOSED TO BE ANNEXED -INTO THE CITY OF NAPLES; AND PROVIDING AN EFFECTIVE DATE.' Q „ WHEREAS, this Resolution is. in resnz rxsQ - to_ Coll_e z,. Countv's _ "initiating' qj resolution No 07 -339; dated November, 27 2007,�(copy "attached as ��to Exhibit A) commence the process for negotiating an interlocal service boundary agreement and which identifies the County's specified unincorporated area in question as 204.73 + - acres commonly located at 3880 Goodlette -Frank Road and the County's designated issues for discussion; and WHEREAS, the Florida Interlocal Service Boundary Act (Part II, Chapter 171, Florida Statutes) subsection 171.203(2) specifies that within sixty (60) days after receipt of this initiating resolution, the City shall adopt its responding resolution; and WHEREAS, the land area to be discussed pursuant to this process consists of 204.73 acres, more or less, located at 3880 Goodlette -Frank Road which land area is depicted on the map attached to the initiating resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1_ The City of Naples hereby responds to the initiating resolution of .Collier County (Resolution 07 -339) and respectfully declines Collier p County's request to negotiate an Interlocal Service Boundary !:�o Agreement concerning the property described and depicted in said resolution. .p C J J1 Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF T ITY CO IL OF THE ITY OF NAPLES, FLORIDA, THIS 19TH DAY OF DECEMBER, 2 Cp w arnett, or Attest: Ap /ve�d as to orm a legality: �7 /�J t� C Tara A. Norm City Clerk Robert D. Pritt, Qity Attorney M: \REF \COUNCIL \RES \2007 \07 -11883 Date filed with City Clerk: �L /Z10 I hereby Eenity mar it above and foregoing is a T rue and i � �� (k s y of records appearing (a ( the Gt Office, files of f N les, Florida. Title EXHIBIT 2 Resolution 07 -11883 page 2 10 F Exhibit A, Page ) of 6 RESOLUTION NO. 2007- 339 r A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE BOUNDARY ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT REGARDING 204.19 ACRES OF LAND, MORE OR LESS, DESCRIBED HEREIN AS THE HOLE IN THE WALL GOLF CLUB, PROPOSED TO BE ANNEXED INTO THE CITY OF NAPLES WHEREAS, Florida's Interlocal Service Boundary Act (herein "the Act "), being Chapter 2006- - 218, Laws of Florida, includes sections 171.20, 171.201, 171.202, 171.203, 171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21, 171.211 and 171.212, Florida Statutes, approved by Governor Bush on June 14, 2006; and WHEREAS, the Act's principal goals, as stated in the Act's section 171.201, are to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of N the Community; Also to establish a more flexible process for adjusting municipal boundaries M � and to address a wider range of the effects of annexation and to encourage intergovernmental coordination In planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; Also to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability and to prevent inefficient service delivery and an insufficient tax base to support the delivery of services; and cl-3 WHEREAS, as defined in the Act's subsection 171.202(7), this resolution is Collier County's "initiating resolution" to commence the process for negotiating an interlocal service boundary agreement and which identifies the County's specified unincorporated area and the County's a designated issues for discussion; and O WHEREAS, as defined in the Act's subsection 171.201(8), an " Interlocal service boundary agreement" means an agreement adopted pursuant to the Act between a county and one or more municipalities, and which may include one or more defined independent special districts as parties to the agreement; and WHEREAS, as defined in the Act's subsection 171.202(3), the applicable "independent special districts" are limited to special districts as defined in Section 189.403, Florida Statutes, and that provide fire, emergency medical, water, wastewater, and/or stormwater services; and WHEREAS, the Act's subsection 171.203(2) specifies that within sixty (60) days after receipt of this initiating resolution, the City of Naples shall adopt its responding resolution, wherein the City can identify an additional unincorporated area or incorporated area, or both, for discussion; Also the City may thereby designate additional issues for negotiation, and pursuant to the Act's subsection 171.202(15), may designate one other special district; and WHEREAS, as stated in the Act's subsection 171.203(2)(d), each qualified independent district that receives the County's initiating resolution can participate in the interlocal service boundary agreement negotiation process by adopting its resolution indicating such intent; and WHEREAS, as stated in the Act's subsection 171.203(16), the Act does not authorize one local government to require another local government to enter into an interlocal service boundary agreement, but when the process for negotiating an interlocal service boundary agreement is initiated, the local governments shall negotiate in good faith to the conclusion of the process established in the Act's Section 171.203; and WHEREAS, as defined in the Act's subsections 171.202(4) and (5), Collier County is the 'Initiating County" and is also the "Initiating local government;" and WHEREAS, pursuant to the Act's subsection 171.203(1), the land area to be discussed pursuant to this process is described herein as the Hole in the Wall Golf Club, which IN �+v�n i w - r aJ"c —_ Resolution 07 -11883 Exhibit A, Page 2 of 6 <<. according to the application for annexation, consists of 204.19 acres, more or less, which land area is depicted on the map (the 'descriptive exhibit ") attached to this Resolution as Exhibit A; and WHEREAS, pursuant to the Act's subsection 171.203(1), Collier County's designated issues to be negotiated are listed below in the body of this Resolution; and WHEREAS, as defined in the Act's subsection 171.202(9), an "invited local government" means each invited county, municipality, or special district and any other local government designated as such in an initiating resolution, or is a responding resolution,.that.invites -the respective Ippal governme(ts�s�,�t pancpipa[e �ib negotiating an interlocal service bounds agreement; and21'3 ..P..d. :art ._,. 7 s �?;- 'E�i8rth1J WHEREAS;: Collier Countyls two (2) 'Invited ideal governments "'are the'.'iy.otNeples`'`r�the C1: -C° ' County's designated "invked mu0icipaliy'), and. the Worth Naples Fire'Coitf6T"gand'Rescue ,n-�� District, an Independent Special District, as a'Notified local government" or and "invited local government." Page 3 J v F NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above WHEREAS clauses are incorporated herein. 2. Collier County, as "the initiating county," hereby designates the City of Naples as the County's "invited municipality." 3. Collier County, as "the initiating county," hereby notifies the North Naples Fire Control and Rescue District of this Resolution "Notified as a local government" or and "invited local government." 4. The County's designated land area, all of which is unincorporated, is described herein as the Hole in the Wall Golf Club, which land areas, which according to the application for annexation, consists of 204.19 acres, more or less, and which acreage is depicted on the map attached to this Resolution as Exhibit A "the ( descriptive exhibit "). Based upon the application for annexation, the legal description of this land area proposed to be annexed into the City of Naples is: O Lots 23 -32: Lots 23 through 32, inclusive, of Naples Improvement Company's Little Farms, according to the Plat thereof, recorded in Plat Book 2 at 2, w page Public Records of Collier County, Florida, consisting of 187.8 acres, more or less; r—^ C.� AND Parcel A: Ail that part of the West 198 feet of the Southwest 114 of the Northwest U CO 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 23; thence North 88 °47'48" f--. oa East along the quarter section line a distance of 34.14 feet to an intersection with the Easterly top of bank of Gordon River Drainage Ditch, said intersection being r� the point of beginning of the parcel herein being described; thence continue along said quarter section line North 88 "47'46' East 163.66 feet to an intersection with the Easterly line of said West 198 feet; thence South 01 °03'02" East along said Easterly line a distance of 273.03 feet to an intersection with said Easterly top of bank of said Drainage Ditch; thence leaving said Easterly line along said Easterly top of bank of said Ditch on the following (15) described courses; thence North 53 °25'20" West 33.78 feet; thence North 31 "33'28" West 53.27 feet; thence North 04 °11'51" East 11.28 feet; °24'49" thence North 47 East 44.09 feet; thence North 58 °17'59" West 18.87 feet; thence South 89 °41'10" West 10.73 feet; thence North 32 °14'57" West 8.80 feet; thence North 04 "43'32" West 9.48 feet; thence North 20 °23'31" West 41.72 feet; thence North 51'04'36" West 3224 feet; thence North 71 °03'18" West 37.17 feet; thence North 63 °49'18" West 18.83 feet; thence North 31'13'48" West 21.70 feet; thence North 07 °59'10" POOR pUALITY ORIGINAL Resolution 07 -11883 Exhibit A, Page 3 of 6 West 9.96 feet; thence North 20 "35'44" West 29.93 feet to the point of beginning of the parcel herein described; containing .46 acres of land, more or less; AND Parcel B: All that part of the West 198 feet of the Southwest 114 of the Northwest 114 of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 23, thence South 01'03'02" East along the Westerly line of said Southwest 1/4 of said Northwest 1/4 a distance of 133.83 feet to an intersection with the Southerly line of said Southwest 114 f said N rtes hw t 1/4' th N rth 83 °54'0 " E t I d Page 4 o c. ,..ante o a i s aon sa Southerly line a dlstanc'e of =_132 59 feat,to an in tersection with tote Easterly tbpof, _ Bank of the Gordon River Drainage rfl'itchsaid "mtetsecfion being the'pofrit'of - beginning of the parcel hefem bei0g',described;,thence contiiiIue,alongsaid ' Southerly line of said Southwest 1/4 "f Said Northwest' 1/4 Noith88 °54'01 "East 65.41 feet to an intersection with the Easterly line if said West 198 feet; thence North 01 "03'02" West along said Easterly line a distance of 111.67 feet to an intersection with said Easterly top of bank of said Drainage Ditch; thence leaving said Easterly line along top of bank of said Ditch on the following (4) described courses; thence South 27 °00'26" West 21.88 feet; thence South 24 °05'47" West 46.76 feet; thence South 32 "01'31" West 25.39 feet; thence South 35 "32'50" West 35.89 feet to the point of beginning of the parcel herein described; containing 3,319 square feet of land, more or less; AND Parcel C: All that part of the Southwest 1/4 of the Northwest 1/4 of Section 23, Township 49 South, .Range 25 East,. Collier County, Florida, being more particularly described as commencing at the Northwest comer of the Southwest 1/4 of the Northwest 114 of said Section 23, then North 88 "47'48" East along the quarter section line a distance of 198.00 feet; thence South 01 °03'02" East 364.32 Feet to an intersection with the Westerly top of bank of the Gordon River drainage ditch said intersection being the paint of beginning of the parcel herein being described; thence continue South 01 "03'02" East 736.41 feet to an intersection with the Westerly top of Bank of said drainage ditch; thencq Northerly along said top of bank of said ditch on the following (21) described courses; thence North 13 °42'35" East 32.39 feet, thence North 26 "03'47" East 43.29 feet; thence North 51 "45'44" East 49.62 feet; thence North 24 "49'56" East 48.02 feet; thence North 07 °46'47" East 21.12 feet; thence North 18 °07'01" West 36.65 feet; thence. North 59 "17'51" West 11.23 feet; thence North 13 "55'41" West 23.82 feet; thence North 12 °53'05" East 39.20 feet; thence North 23 "26'05" West 11.48 feet; thence North 46 "31'46" West 9.64 feet; thence North 21 °12'44" West 81.61 feet; thence North 11 °17'34" West 41.72 feet; thence North 00 °16'46" West 52.13 feet; thence North 10 "22'33" East 35.20 feet; thence North 10 °15'09" West 31.07 feet; thence North 12 "45'32" East 27.21 feet; thence North 03 °05'53" East 25.26 feet; thence North 33 "51'45" West 21.85 feet; thence North 12 "19'53" West 136.08 feet; thence North 07 °10'32" West 15.60 feet to the point of beginning of the parcel herein described; containing .69 acres of land, more or less; AND Parcel D: All that part of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as commencing at the Northwest corner of the Southwest 1/4 of the North 1/4 of said Section 23; thence South 01'03'02" East 1333.83 feet to the point of beginning of the parcel herein being described; thence South 01 °04'22 ", East 126.09 feet to an intersection with the Westerly top of bank of the Gordon River Drainage Ditch; thence North along the top of the Bank of said Ditch on the following (2) described courses; thence North 36 "04'54" East 137.45 feet; thence North 38 °45'50" East to an intersection with the Southerly line of said Southwest 1/4 of the Northwest 114; thence South 88 "54'01" West along said Southerly line a distance of 96.85 Feet to the point of beginning of the parcel herein described; containing 6,036 square feet of land. more or less. E POOR QUALITY ORIGINAL ..w..,w..w.,.a.. 7 .F� 4J w b LJ Resolution 07 -11883 Exhibit A, Page 4 of 6 5. The County's designated issues for negotiation are any and all issues concerning service delivery, fiscal responsibilities, and /or boundary adjustments. The interlocal service boundary agreement issues may include, but need not be limited to, the following: a. Identifying a municipal service area. b. Identifying an unincorporated service area. C. Identifying the local government responsible for delivery or funding of the following services within the municipal service area or the unincorporated service area including: = 1 ' Public safe _ 2 Fire; emergency rescue'; and, medical: 4 - -R "darfownersh p constmctlon and maintenance. 3 Water and was ewater __•, to n - .....i 5. Conservation, parks, and recreation. LS-) 6. Stormwater management and drainage. c+-> 7. Garbage /trash collection and recycling. 00 `~ d. The interlocal service boundary agreement may establish a process and schedule for annexation of an area within the designated municipal service area, if any, Wconsistent with the Ad's Section 171,205. e•-'�, e. The interlocal service boundary agreement may establish a process for LA-1) land -use decisions consistent with part II of Chapter 163, Florida Statutes, including those cv_� made jointly by the governing bodies of the County and the City of Naples, or allow the City of Naples to adopt land -use changes consistent with part II of Chapter 163, Florida Statutes, for other land areas, ff any, scheduled to be annexed during the term of years specified in the a interlocal service boundary agreement. If the agreement addresses responsibility for land - use planning under Chapter 163, Florida Statutes, the agreement may also establish the procedures for preparing and adopting comprehensive plan amendments, administering land - development regulations, and issuing development orders. f. The interlocal service boundary agreement may address other issues concerning service delivery, including the transfer of services and infrastructure. g. The interlocal service boundary agreement may provide for the joint use of facilities and the colocation of services, h. The interlocal service boundary agreement may Include a requirement for a report to Collier County from the City of Naples of the City's planned service delivery, as provided in the Act's Section 171.042, or as otherwise may be determined by the Agreement. i. The interlocal service boundary agreement may establish a process by which the local government that is responsible for water and wastewater services shall, within thirty (30) days after any respective annexation of territory, apply for modifications to permits of the water management district and /or Florida's Department of Environmental Protection which are necessary to reflect changes in the entity that is responsible for managing surface water under such permits. j. As stated in the Act's subsection 171.203(8), in order to ensure that the health and welfare of the residents affected by annexation will be protected, all lire and emergency medical services shall be provided by the existing provider of fire and emergency medical services to the annexed area and remain part of the special district unless Collier County and the City of Naples reach an .agreement, through the interlocal service boundary agreement or other legally sufficient means, as to which entities shall provide those emergency services. 6. As stated in the Act's subsections 171.203(1) (a), (b), and (c), the County Manager shall, by United States certified mail, send copy of this Initiating Resolution (a) to the City Manager of the City of Naples, (b) to the City Manager of the City of Marco Island, (c) to the Mayor of Everglades City, and (d) to the Chief Administrative Officer of the North Naples Fire Control and Rescue District, Chief Michael L. Brown. POOR QUA A�LITY ORIGINAL .a..wrre.r.rw took i su • rage _ Page 5 1 O F nUu& IDU - rde'u — Resolution 07-11883 Exhibit A, Page 5 of 6 7. This Resolution shall take effect immediately upon adoption. ADOPTED this >� day of A6, e.�f � 2007 after motion, second and majority vote favoring adoption. AT-TEST: BOARD OF COUNTY COMMISSIONERS DWIGFK.ti� BROC OF COLLIER COUNTY, FLORIDA -.-rr TF1 I ...... I r ro - r;tt^ "a - , B Y' By: i. - 'F5 w" —)d 71 UAML3 UQLEZ.Tc_TA, ' _ airman r ;r 'A me Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney bIZ'e 01 f LURIUA ,cunxy of COLLIER I HEREV CERTIFY THAT this Is a true and c4py ?f I docurrierit on,flia to tia qq pnd Rticoio of Colliar County dcla) se-al thfs 2w-? &j M , k W of Y38iS,F CLERK Or COURTS D.C. POOR QUALITY 7117"` 7ORIGINAL P10F CJ G� CX> itlT Resolution 07 -11883 Exhibit A, Page 6 of 6 Book 130 • Page EXHIBIT A (to Exhibit A) Page 1 ® F mn:ZF3 O .r C.J C J "ZI G] r -> Oo W book 13U•Page 1 O f Agenda Item 12 Meeting of 12/19/07 ORDINANCE 07 -11886 AN ORDINANCE AMENDING SECTION 1.2 OF THE CHARTER OF THE CITY OF NAPLES, FLORIDA, IN ORDER TO ANNEX APPROXIMATELY 204.73 ACRES, LOCATED AT 3880 GOODLETTE -FRANK ROAD NORTH, MORE FULLY DESCRIBED HEREIN, AND TO REDEFINE THE BOUNDARIES OF THE CITY OF NAPLES TO INCLUDE SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 171.044 of the Florida Statutes allows owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact to petition to annex into the City; and WHEREAS, Hole in the Wall Golf Club, Inc., a Florida not - for - profit corporation, owner of approximately 204.19 acres, and Royal Poinciana Golf Club, Inc., a Florida not - for - profit corporation, owner of approximately .54 acres, have petitioned to annex into the City in accordance with Chapter 171.044 of the Florida Statutes; and WHEREAS, John M. Passidomo, agent, has been authorized by the owner to file this petition; and WHEREAS, following an advertised public hearing, the Planning Advisory Board considered the public input, staff recommendations and criteria in the Code and has recommended by a vote of 6 to 0, with one abstaining, that Annexation Petition 07 -AX2 be approved; and WHEREAS, after considering the recommendation of the Planning Advisory Board and City staff, following a public hearing on the subject, and providing the petitioner, staff and public an opportunity to present testimony and evidence, the City Council has determined that Annexation Petition 07 -AX2 should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That approximately 204.73 acres, located at 3880 Goodlette -Frank Road North, is hereby annexed into the City of Naples, more fully described on the attached Exhibit "A" and depicted on the City boundary map depicted in Exhibit "B." Section 2. That Section 1.2 of the Charter of the City of Naples is hereby amended to include within the described boundaries of the City that property legally described in Exhibit "C," attached hereto and incorporated herein. Section 3. The City Clerk is hereby directed to forward a certified copy of this ordinance to the Circuit Court Clerk, the chief administrative officer of Collier County and the Department of State within 7 days after adoption. Section 4. This ordinance shall take effect immediately upon the consideration and adoption by the City Council, and the subsequent effective date of this ordinance. APPROVED AT FIRST READING THIS 5TH DAY OF DECEMBER, EXHIBIT 3 2 0 o r><efeby 0 9fy that the above and foregoing is a true and correct copy of rawrds appealing In the files of [he ly Clerk's (rice, City of aples, Flodda. O LJ Lf1 �J "L1 c2 00 C J m uww IDV -ragc Ordinance 07 -11886 Page v PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR IJ SESSION OF THE CITY COUNCIL OF THE CITY OFii LES, LORI HIS 19TH DAY OF , DECEMBER, 2007. v� � Bill Barnett, ayor Atte2 Approved as to-�orm and legality: :Tara, A. Norman, City Clerk Robert D. Pritt, City Attorney M :. \R &F \COUNCIL \ORD\ 007 \07 -11886 Date filed with City Clerk: s w to w b 00 cx:� w Ordinance 07 -11886 Exhibit A Book 130 • Page Page 3 10F A PARCEL OF LAND DESCRIBED AS ALL OF LOTS 23 THROUGH 32 OF NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS ACCORDING TO THE PLAT THEREOF AND RECORDED IN PLAT BOOK 2 PAGE 2 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WESTERLY 198.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST AND ALL OF PARCELS "C" AND "D" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGE 4108 THROUGH 4113, LESS AND EXCEPT THE RIGHT OF WAY FOR GOODLETTE ROAD AND LESS AND EXCEPT PARCELS "A" AND "B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA; THENCE SOUTH 01 °04'01" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 A DISTANCE OF 666.42 FEET TO THE NORTHEAST CORNER OF LOT 32 OF SAID NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89 °24'38" WEST ALONG THE NORTH LINE OF SAID LOT 32 A DISTANCE OF 2591.92 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE AFOREMENTIONED GOODLETTE FRANK ROAD THENCE SOUTH 00057'59" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 3311.14 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE AFOREMENTIONED LOT 23; THENCE NORTH 89 °51'56" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 2597.74 FEET TO THE SOUTHEAST CORNER OF SAID LOT 23; THENCE NORTH 01004'22" WEST ALONG THE EASTERLY LINE OF THE AFOREMENTIONED LOTS 23 THROUGH 26 A DISTANCE OF 1205.47 FEET; THENCE LEAVING SAID LINE NORTH 36004'54" EAST ALONG THE BOUNDARY OF PARCEL "D" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4108 THROUGH 4113 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 137.45 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 38045'50" EAST A DISTANCE OF 21.60 FEET; THENCE LEAVING SAID LINE NORTH 88054'01" EAST A DISTANCE OF 35.74 FEET; THENCE NORTH 35032'50" EAST ALONG THE BOUNDARY OF PARCEL "B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 35.89 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 32001'31" EAST A DISTANCE OF 25.39 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 24005'47" EAST A DISTANCE OF 46.76 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 27000'26" EAST A DISTANCE OF 21.88 FEET; THENCE LEAVING SAID BOUNDARY NORTH 01003'02" WEST ALONG THE EASTERLY BOUNDARY OF THE WESTERLY 198.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA A DISTANCE OF 121.79 FEET; THENCE LEAVING SAID LINE NORTH 13042'35" EAST ALONG THE BOUNDARY OF PARCEL "C" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4108 THROUGH 4113 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 32.39 FEET; THENCE CONTINUING ALONG SAID BOUNDARY OF PARCEL "C" FOR THE FOLLOWING 20 COURSES; C? .A LJ Ln LJ .b 1 .tom n liuuK tuv'rarc Ordinance 07 -11886 lOfi Page 4 THENCE NORTH 26 °08'47" EAST A DISTANCE OF 43.29 FEET; THENCE NORTH 51 °45'44" EAST A DISTANCE OF 49.62 FEET; THENCE NORTH 24°49'56" EAST A DISTANCE OF 48.02 FEET; THENCE NORTH 07 °46'47" EAST A DISTANCE OF 21.12 FEET; THENCE NORTH 18 007'01" WEST A DISTANCE OF 35.65 FEET; THENCE NORTH 59 °17'51" WEST A DISTANCE OF 11.23 FEET; THENCE NORTH 13 055'41" WEST A DISTANCE OF 23.82 FEET; THENCE NORTH 12 053'05" EAST A DISTANCE OF 39.20 FEET; THENCE NORTH 23 °26'05" WEST A DISTANCE OF 11.48 FEET; THENCE NORTH 46 °31'46" WEST A DISTANCE OF 9.64 FEET; THENCE NORTH 21012'44" WEST A DISTANCE OF 81.61 FEET; .THENCE,. NORTH-11-17-34" WEST A DISTANCE OF 41.72 FEET; THENCE NORTH 00°16'46" WEST A DISTANCE OF 52.13 FEET; THENCE NORTH 10 022'33" EAST A DISTANCE OF 35.20 FEET; THENCE NORTH 10°15'09" WEST A DISTANCE OF 31.07 FEET; THENCE NORTH 12 045'32" EAST A DISTANCE OF 27.21 FEET; THENCE NORTH 03 005'53" EAST A DISTANCE OF 25.26 FEET; THENCE NORTH 33 °51'45" WEST A DISTANCE OF 21.85 FEET; THENCE NORTH 12 °19'53" WEST A DISTANCE OF 136.08 FEET; THENCE NORTH 07 010'32" WEST A DISTANCE OF 15.60 FEET; THENCE LEAVING SAID BOUNDARY OF PARCEL "C" NORTH 01 003'02" WEST ALONG THE EASTERLY BOUNDARY OF THE WESTERLY 198.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA A DISTANCE OF 91.29 FEET; THENCE NORTH 53 °25'20" WEST ALONG THE BOUNDARY OF PARCEL "A" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 33.78 FEET; THENCE CONTINUING ALONG SAID BOUNDARY OF PARCEL "A" FOR THE FOLLOWING 18 COURSES; THENCE NORTH 54 °24'44" WEST A DISTANCE OF 30.62 FEET; THENCE NORTH 31 033'28" WEST A DISTANCE OF 53.27 FEET; THENCE NORTH 04 °11'51" EAST A DISTANCE OF 11.28 FEET; THENCE NORTH 47 °04'38" EAST A DISTANCE OF 9.15 FEET; THENCE NORTH 47 °30'05" EAST A DISTANCE OF 34.95 FEET; THENCE NORTH 58 °17'59" WEST A DISTANCE OF 18.87 FEET; THENCE SOUTH 89 °41'10" WEST A DISTANCE OF 10.73 FEET; THENCE NORTH 32 °14'57" WEST A DISTANCE OF 8.80 FEET; THENCE NORTH 04 °43'32" WEST A DISTANCE OF 9.48 FEET; THENCE NORTH 20 °23'21" WEST A DISTANCE OF 41.72 FEET; THENCE NORTH 51 °04'36" WEST A DISTANCE OF 32.24 FEET; THENCE NORTH 68 °43'18" WEST A DISTANCE OF 15.23 FEET; THENCE NORTH 72 °40'24" WEST A DISTANCE OF 21.96 FEET; THENCE NORTH 63 049'18" WEST A DISTANCE OF 18.83 FEET; THENCE NORTH 31 °13'48" WEST A DISTANCE OF 21.70 FEET; THENCE NORTH 07 °59'10" WEST A DISTANCE OF 9.96 FEET; THENCE NORTH 20°35'44" WEST A DISTANCE OF 29.93 FEET; THENCE SOUTH 88 047'48" WEST A DISTANCE OF 34.14 FEET; THENCE LEAVING SAID BOUNDARY OF PARCEL "A" NORTH 01 004'01" WEST ALONG THE EASTERLY LINE OF THE AFORESAID PLAT AND ALONG THE EASTERLY LINE OF LOTS 31 AND 32 A DISTANCE OF 666.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 204.19 ACRES OF LAND MORE OR LESS; TOGETHER WITH PARCELS "A" AND "B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4108, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: O 77 C.J cs C J b .tom r-� I`. I Ordinance 07 -11886 (PARCEL "A" LEGAL DESCRIPTION) Book 13U • rage _ Page 5 ALL THAT PART OF THE WEST 198 FEET OF THE SOUTHWEST '/r OF THE NORTHWEST '/ OF SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 'b OF THE NORTHWEST '/� OF SAID SECTION 23; THENCE NORTH 88 °47148" EAST ALONG THE QUARTER SECTION LINE A DISTANCE OF 34.14 FEET TO AN INTERSECTION WITH THE EASTERLY TOP OF BANK OF GORDON RIVER DRAINAGE DITCH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID QUARTER SECTION LINE NORTH 88047'48" EAST 163.86 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID WEST 198 FEET; THENCE SOUTH 01003'02" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 273.03 FEET TO AN INTERSECTION WITH SAID EASTERLY TOP OF BANK OF SAID DRAINAGE DITCH; THENCE LEAVING SAID EASTERLY LINE ALONG SAID EASTERLY TOP OF BANK OF SAID DITCH ON THE FOLLOWING (15) DESCRIBED COURSES: THENCE NORTH 53025'20" WEST 33.78 FEET; THENCE NORTH 31033'28" WEST 53.27 FEET; THENCE NORTH 04011'51" EAST 11.28 FEET; THENCE NORTH 47024'49" EAST 44.09 FEET; THENCE NORTH 58017'59" WEST 18.87 FEET; THENCE SOUTH 89041'10" WEST 10.73 FEET; THENCE NORTH 32014'57" WEST 8.80 FEET; THENCE NORTH 04043132" WEST 9.48 FEET; THENCE NORTH 20023'31" WEST 41.72 FEET; THENCE NORTH 51004'36" WEST 32.24 FEET; THENCE NORTH 71003'18" WEST 37.17 FEET; THENCE NORTH 63049'18" WEST 18.83 FEET; THENCE NORTH 31013'48" WEST 21.70 FEET; THENCE NORTH 07059'10" WEST 9.96 FEET; THENCE NORTH 20035'44" WEST 29.93 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.46 ACRES OF LAND MORE OR LESS; (PARCEL "B" LEGAL DESCRIPTION) ALL THAT PART OF THE WEST 198 FEET OF THE SOUTHWEST V OF THE NORTHWEST '/ OF SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 'X OF THE NORTHWEST '/. OF SAID SECTION 23; THENCE SOUTH 01003102" EAST ALONG THE WESTERLY LINE OF SAID SOUTHWEST U OF SAID NORTHWEST '/r A DISTANCE OF 133.83 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID SOUTHWEST Y OF SAID NORTHWEST '' /.; THENCE NORTH 83054'01" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 132.59 FEET TO AN INTERSECTION WITH THE EASTERLY TOP OF BANK OF THE GORDON RIVER DRAINAGE DITCH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY LINE OF SAID SOUTHWEST iV OF SAID NORTHWEST ;( NORTH 88054'01" EAST 65.41 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID WEST 198 FEET; THENCE NORTH 01003'02" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 111.67 FEET TO AN INTERSECTION WITH SAID EASTERLY TOP OF BANK OF SAID DRAINAGE 10F Q G] r I .-P nJ Ordinance 07 -11886 1 0 l Page 6 DITCH; THENCE LEAVING SAID EASTERLY LINE ALONG SAID EASTERLY TOP OF BANK OF SAID DITCH ON THE FOLLOWING (4) DESCRIBED COURSES: THENCE SOUTH 27 °00'26" WEST 21.88 FEET; THENCE SOUTH 24 °05'47" WEST 46.76 FEET; THENCE SOUTH 32001'31" WEST 25.39 FEET; THENCE SOUTH 35032'50" WEST 35.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3,319 SQUARE FEET (.0762 ACRES) OF LAND MORE OR LESS; O Po C J u, r_J G� CC, C.J Ij• ,d,a ., Book 130 • Page Ordinance 07 -11886 Exhibit C Vi, Page 8 CITY OF NAPLES LEGAL DESCRIPTION (AS SHOWN IN THE CODE AS OF 11/6/07) WITH THE PROPOSED HOLE -IN- THE -WALL, PORTION OF ROYAL POINCIANA GOLF CLUB PROPERTY AND COLLIER PARR OF COMMERCE PROPERTY INCLUDED IN UNDERLINED TEXT. Sec. 1.2. Boundaries. Beginning at the northwest comer of Section 16, Township 49 South Range 25 East, thence east along the north line of said Section 16 to the north quarter comer of Section 16, also the northeast comer of Government Lot One; thence south 00 degrees 45 minutes 40 seconds east for 30.00 feet to the northwest comer of Park Shore Unit No. 4, said point is also the southwest comer of Seagate Drive and Crayton Road; thence east along the platted boundary of said Park Shore Unit No. 4 and the south right -of -way line of Seagate Drive 2,533.81 feet to a point on the west _ right -of -way line of U.S. 41 (Tamiami Trail); said point being the southwest right -of -way corner of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly along the west right -of -way line of U.S. 41 (Tamiami Trail) 2,623.60 feet to a point on the east and west quarter section line of Section 16, Township 49 South; Range 25 East; thence along the east and west quarter section line of said Section 16, North 89 degrees 39 minutes 50 seconds Eastl50,00 feet to the east quarter comer of said Section 16; thence along the east line of said Section 16, South 0 degrees 24 minutes 40 seconds East 2,649.62 feet to the northeast corner of Section 21, Township 49 South, Range 25 East; thence along the east line of said Section 21, South 0 degrees 43 minutes 30 seconds East 1,069.33 feet to a point which lies North 89 degrees 16 minutes 30 seconds East 150.00 feet from the northeast comer of Lot 1 of Block 22 of said plat of Park Shore Unit No.3; thence at right angles to the west right -of -way line of U.S. 41 (Tamiami Trail), easterly 25.00 feet to the east right -of -way line of U.S. 41; thence along the east right -of -way line of U.S. 41, southerly 810.97 feet to the northwest comer of Block A, North Naples Highlands as recorded in Plat Book 3, Page 12; thence south 89 degrees 43 minutes east, 375.0 feet; thence south 135.32 feet; thence North 89 degrees 40 minutes 45 seconds West, 22.53 feet to the beginning of a curve concave southeasterly, 113.23 feet (Chord = 112.72 feet, Radius 330 feet) to a curve concave northwesterly, 92.68 feet (Chord = 92.22 feet, Radius 270 feet); thence North 89 degrees 40 minutes 45 seconds West, 150.31 feet to the east right -of -way line of U.S. 41; thence south along said east right -of -way line to the northwest corner of Tract "A," High Point Subdivision; thence south 89 degrees 55 minutes 30 seconds east, 400.0 feet to the northeast comer of said Tract "A'; thence South 0 degrees 02 minutes 02 seconds West, 434.88 feet to the north line of Rosemary Heights Addition; thence west along said line to the northeast comer of Lot 50, Rosemary Heights Addition; thence south along the east line of said Lot 50 to the CJ southeast comer of said Lot 50; thence west along the south line of Lots 50, 48, 46, 44, 42, and 40 to the east right - of -way line of U.S. 41; thence southerly 858.62 feet along said east right -of -way line of U.S. 41 to a point on the north line of Section 27, Township 49 South, Range 25 East which lies 24.88 feet east of the north -west comer of «rte said Section 27; thence along the north line of said Section 27, east to the northeast comer of the northwest quarter of said Section 27; thence continuing along the north line of said Section 27, east 45 feet to the east right-of-way line of C -851 (also known as Goodlette -Frank Road); thence along said east right -of -way line of C -851 (also known as b Goodlette -Frank Road), (which right -of -way line lies 45 feet east of, measured at right angles to, and parallel with 4? the north and south quarter section line of said Section 27), to the north line of Lot 11, Naples Improvement Company's Little Farms, Plat Book 2, Page 2; thence east to the east section line of Section 27, Township 49 South, o0 Range 25 East; thence north along the east line of said Section 27 to the northeast comer of said Section 27; said point also being the southwest comer of Section 23, Township 49 South. Range 25 East, thence North along the west line of Section 23, Township 49 South, Range 25 East, N 01 degrees 03 minutes 10 seconds West 1,328.91 feet; thence North 01 degrees 04 minutes 22 seconds West 1,331.56 feet; thence North 88 degrees 54 minutes 01 seconds East 198.00 feet; thence North 01 degrees 03 minutes 02 seconds West 1,334.19 feet; thence South 88 degrees 47 minutes 48 seconds West 198.00 feet; thence North 01 degrees 04 minutes 01 seconds West 667.04 feet to the Southeast comer of Lot 33, Naples Improvement Co's Little Farms Subdivision; thence West along the south line of said Lot 33 to the east right -of -way line of Goodlette Frank Road; thence North along said right -of -way line of Goodlette Frank Road to a point on the north line of Lot 34, Naples Improvement Co's Little Farms Subdivision, thence East along the north line of said Lot 34, 533.43 feet to a point; thence North 00 degrees 17 minutes 00 seconds West, 30 feet to a point on the North right -of -way line of Burning Tree Drive (Solana Road); thence North 00 degrees, 17 minutes, 00 seconds West, 780 feet; thence North 89 degrees, 43 minutes, 00 seconds East, 450.86 feet, thence South 16 degrees, 25 minutes, 03 seconds East, 324.81 feet; thence South 24 degrees, 59 minutes, 57 seconds, 243.41 feet; thence South 58 degrees, 08 minutes, 06 seconds East, 55.26 feet to the West right -of -way line of Burning Tree Drive and to a point on a non- tangential curve; thence Southerly along the arc of said curve to the Ordinance 07 -11886 Pagel 0�,F left with a radius of 520.97 feet, chord bearing South 08 degrees, 49 minutes, 50 seconds West, Chord distance of 96.65 feet and a delta of 10 degrees,38 minutes, 41 seconds, for a distance of 96.78 feet; thence continue along the ') said right -of -way line of Burning Tree Drive South 03 degrees, 30 minutes, 00 seconds West, 92.24 feet to the North right -of -way line of Burning Tree Drive (Solana Road); thence West along the North right -of -way line of Burning Tree Drive (Solana Road) South 89 degrees, 43 minutes, 01 seconds West, 587.88 feet; thence South 00 degrees, 39 minutes, 20 seconds East, 30 feet; thence South 00 degrees, 17 minutes, 00 seconds East, 30feet to a point on the north line of Lot 34, Naples improvement Co's Little Farms Subdivision; thence East along the North line of said Lot 34 to a point on the west line of Section 23, Township 49 South, Range 25 East; thence North along the west line of said Section 23 to the Northwest comer of Section 23, Township 49 South, Range 25 East said point also being the southwest corner of Section 14, Township 49 South, Range 25 East; thence North 02 degrees 58 minutes 05 seconds West 1,460.44 feet along the west line of said Section 14 to the north boundary of Royal Poinciana Golf Club; thence along said north boundary North 88 degrees 55 minutes 45 seconds East 64.96 feet to a'point of curvature of a non - tangential curve concave to the south, having a radius of 900.00 feet and subtended by a chord bearing North 88 degrees 55 minutes 45 seconds East; thence along the arc of said curve 829.00 feet to a point of curvature of a non- tangential curve concave to the north, having a radius of 1,250 feet and subtended by a chord bearing South 87 degrees 23 minutes 16 seconds East; thence along the arc of said curve 990.66 feet; thence North 69 degrees 54 minutes 30 seconds East 78.45 feet to a point of curvature of a curve concave to the southeast having a radius of 667.29 feet and subtended by a chord bearing North 79 degrees 25 minutes 00 seconds East; thence along the arc of said curve 221.37 feet; thence North 88 degrees 55 minutes 45 seconds East 500.16 feet; thence South 00 degrees 45 minutes 26 seconds East 1,458.78 feet to the North 1/4 comer of Section 23, Township 49 South, Range 25 East; thence South 02 degrees 16 minutes 54 seconds East 1,337.86 feet; thence South 02 degrees 17 minutes 41 seconds East 1,337.47 feet; thence South 89 degrees 06 minutes 35 seconds West 1,310.02 feet; thence South 01 degrees 39 minutes 42 seconds East 1,338.73 feet; thence South 01 degrees 39 minutes 17 seconds East 1,338.92 feet to a point on the north line of Section 26, Township 49 South, Range 25 East, thence east along the north line of Section 26, Township 49 South, Range 25 East to a point 990.0 feet west of the west right -of -way line of Airport Pulling Road; thence South 01 degrees 30 minutes 00 seconds East, 913.34 feet; thence North 89 degrees 25 minutes 40 seconds East, 660.0 feet; thence North 01 degrees 30 minutes 00 seconds West, 913.34 feet to the north line of T said Section 26; thence east along said north line of Section 26 to the west right -of -way line of Airport- Pulling Road; thence southerly along the west right -of -way line of said Airport- Pulling Road to the south line of said Section 26 (said right -of -way line lying 50 feet west of the southeast comer of said Section 26); thence westerly along said south line to the southwest comer of said Section 26; thence northerly along the west line of said Section 26 to the southerly right -of -way line of Golden Gate Parkway (100 feet wide); thence easterly along said southerly right -of -way line to a point lying 1,120.00 feet west of the west line of said Airport- Pulling Road; thence northerly parallel with said west right -of -way line to the northerly right -of -way line of said Golden Gate Parkway; thence westerly along the north right -of -way of Golden Gate Parkway to a point 620 feet east and 235.46 feet south of the northwest corner of Lot 8, Naples Improvement Company's Little Farms; thence north 235.46 feet to the north line of Lot 8; thence west along said north line 620 feet to the northwest comer of said Lot 8; thence southerly to that angle point in said east right -of -way line which lies on a line 400.00 feet northerly of (measured at right angles to) and parallel with the north line of Section 34, Township 49 South, Range 25 East; thence continuing along said east right -of -way line to the north line of Gordon River Homes Subdivision; thence east along the north line of Lots 50, 49, and 48 to a point 22.5 feet east of the northwest corner of Lot 48; thence south parallel to the west line of Lot 48 to the south line of Lot 48; thence west along the south line of Lots 48, 49, and 50 to the east right -of -way line of Goodlette -Frank Road; thence continuing along said east right -of -way line, which line lies 100.0 feet east of, measured at right angles to, and parallel with the north and south quarter section line of said Section 34; thence continuing along said east right -of -way line to a point on the north line of the southwest quarter of the northeast quarter of Section 34, Township 49 South, Range 25 East; thence continue on said right -of -way line 460.0 feet; thence North89 degrees 41 minutes 30 seconds East 494.99 feet; thence South 0 degrees 34 minutes 06 seconds East 615.88 feet to a point of curvature; thence southwesterly 343.97 feet along the arc of a tangential circular curve, concave to the northwest having a radius of 243.97 feet and subtended by a chord which bears South 44 degrees 33 minutes 25 seconds West 345.84 feet; thence South 89 degrees 41 minutes 30 seconds West 250.0 feet to the easterly right -of -way line of Goodlette -Frank Road; thence south along said right -of -way line to a point 48.43 feet south of the north line of the south half of Section 34, Township 49 South. Range 25 East; thence North 89 degrees - 56 minutes 59 seconds East 249.79 feet; thence northeasterly 173.98 feet along the arc of a circular curve concave to the northwest having a radius of 293.97 feet and being subtended by a chord which bears North 72 degrees 59 minutes 41 seconds East 171.46 feet; thence South 89 degrees 47 minutes 31 seconds East 808.79 feet; thence North 89 degrees 55 minutes 05 seconds East 993.64 feet to a point on that bulkhead line as shown on Plat recorded in a ..P w w �-n C- 00 .P 6� Ordinance 07 -11886 Pa 10 F Bulkhead Line Plat Book 1, Page 25, Collier County Public Records, Collier County, Florida; thence run the following courses along the said Bulkhead line, 47.27 feet along the arc of a nontangential circular curve concave to the west, having a radius of 32.68 feet and subtended by a chord having a bearing of South 14 degrees 08 minutes 50 seconds East and a length of 43.26 feet to a point of tangency; South 27 degrees 17 minutes 25 seconds West for 202.44 feet to a point of curvature; 296.89 feet along the arc of a curve concave to the southeast, having a radius of 679.46 feet and subtended by a chord having a bearing of South 14 degrees 46 minutes 21 seconds West and a length of 294.54 feet to a point of reverse curvature; 157.10 feet along the arc of a curve concave to the northwest, having a radius of 541,70 feet, and subtended by a chord having a bearing of South 10 degrees 33 minutes 47 seconds West and a length of 156.55 feet to a point of reverse curvature; 307.67 feet along the arc of a curve concave to the northeast; having a radius of 278.30 feet, and subtended by a chord having a bearing of South 12 degrees 47 minutes 59 seconds East and a length of 292.24 feet to a point of reverse curvature, 135.31 feet along the arc of a curve concave to the southwest, having a radius of 100.00 feet, and subtended by a chord having a bearing of South 05 degrees 42 minutes 27 seconds East and a length of 125.21 feet to a point of tangency; thence South 33 degrees 03 minutes 21 seconds West for 295.10 feet; and South 33 degrees 27 minutes 51 seconds West 1.93 feet to the north line of River Park East Subdivision which is also the north line of the south half of the southeast quarter of Section 34, Township 49 South, Range 25 East; thence along the north line of the south half of the southeast quarter of said Section 34, easterly to the west line of Section 35, Township 49 South, Range 25 East; thence along the west line of said Section 35, northerly 1,320 feet more or less to the northwest corner of the south half of said Section 35; thence along the north line of the south half of said Section 35, easterly North 89 degrees 51 minutes 42 seconds East 1,566,88 feet to the southwest comer of East Natfles Industrial Park as recorded in Plat Book 10 Pages 114 - 115 of the Public Records of Collier County, Florida- thence North 00 degrees 00 minutes 00 seconds West alon minutes 00 seconds West 340.25 feet to the northwest comer of said East Naples Industrial Park; thence North 89 degrees 51 minutes 42 seconds East along the North line of said East Naples Industrial Park 2,529.97 feet thence continuing along said northerly line South 00 degrees 08 minutes 18 seconds East 80.00 feet thence continuin along said northerly line North 89 degrees 51 minutes 42 seconds East 910.00 feet to the West right -of -way line of State Road No. 31 (Aimort Road) also the northeast comer of said East Naples Industrial Park which right-of-way line lies 50.00 feet West of measured at right an les to and parallel with the east line of said Section 35; thence along said West right -of -way line of State Road No 31 and the East line of East Naples Industrial Park South 00 degrees 25 minutes 33 seconds West 1,319.41 feet to the southeast comer of said East Naples Industrial Park also being the northeast comer of the south half of said Section 35 thence continuing on said west right-of-way line to O Ob..� D,..,A Ai,. ] 1 � J South 00 degrees 13 minutes 57 seconds West 1,800 feet less more or to a point on said west right -of- -way line, which lies North 00 degrees 13 minutes 57 seconds Eas[ 848.02 feet and South 89 degrees 46 w minutes 03 seconds West 50.00 feet from the southeast comer of said Section 35; thence continuing along said west right -of- -way line southerly 325.02 feet along the arc of a tangential circular curve concave to the east, radius 2,914.93 feet, subtended by a chord which bears South 2 degrees S7 n nutes 43 seconds East 324.87 feet; thence Gas continuing along said west right -of- -way line, tangentially South 6 degrees 09 m nutes 22 seconds East 3.13 feet; thence southerly along a curve concave to the southwest, having a central angle of 6 degrees 23 minutes 19 seconds and a radius of 1,860.08 feet, a distance of 207.34 feet; thence South 0 degrees 13 minutes 57 seconds West 313.03 feet more or less to a point on the north line of and 20 feet west of the northeast comer of Section 2, Township 50 Irl South, Range 25 East; thence southeasterly, 300.7 feet more or less to a point on the east line of said Section 2 which point lies 300.0 feet south of the northeast comer of said Section 2; thence along the east line of the north half of said Section 2, southerly to the southeast corner of the north half of said Section 2; thence along the south line of the north half of said Section 2; westerly to the northeast comer of the southeast quarter of Section 3, Township 50 South, Range 25 East; thence southerly along the east line of the southeast quarter of said Section 3 for a distance of 2,013.98 feet; thence North 89 degrees 37 minutes 20 seconds East 662.04 feet; thence South 00 degrees 17 minutes 20 seconds East 119.26 feet; thence South 89 degrees 27 minutes 40 seconds West 322.00 feet; thence South 00 degrees 17 minutes 20 seconds East 10.00 feet; thence South 89 degrees 27 minutes 40 seconds West 68.00 feet; thence South 00 degrees 17 minutes 20 seconds East 361.00 feet; thence North 89 degrees 27 minutes 40 seconds East 68.00 feet; thence South 00 degrees 17 minutes 20 seconds East 140.00 feet; thence South 89 degrees 27 minutes 40 seconds West 221.81 feet; thence North 01 degrees 05 minutes 56 seconds West 6.99 feet; thence westerly along the arc of a non - tangential circular curve concave to the north having a radius of 370.00 feet through a central angle of 18 degrees 34 minutes 13 seconds and being subtended by a chord which bears North 81 degrees i - 10F i gook 130 • Page _ Ordinance 07 -11886 Page 11 50 minutes 17 seconds West 119.40 feet for a distance of 119.92 feet to a point on the east line of said Section 3; thence southerly along the east line of Section 3 and along the east lines of Sections 10, 15, 22, and 27, all in Township 50 South, Range 25 East, to the southeast comer of said Section 27, Township 50 South, Range 25 East; thence westerly along the south line of said Section 27, Township 50 South, Range 25 East, and along the westerly prolongation of said south line to a point 1,000 feet west of the mean low water line of the Gulf of Mexico; thence northerly along a line lying 1,000 feet westerly of the meanders of the said mean low water line to an intersection with the westerly prolongation of the north line of Section 16, Township 49 South, Range 25 East; thence easterly along said westerly prolongation to the place of beginning, said land lying and being in Collier County, Florida, plus the following property: The West one -half (W 1/2) of the Northwest one - quarter (NW 1/4) of the Northwest one - quarter (NW 1/4) of Section 11, Township 50 South, Range 25 East, lying South of State Road 90 (Tamiami Trail, U.S. 41), in Collier County, Florida; except the South 264 feet, and All that part of the South 264 feet of the Southwest one - quarter (SW 1/4) of the Northwest one - quarter (NW 1/4) of the Northwest one - quarter (NW 114) of Section 11, Township 50 South, Range 25 East, in Collier County, Florida, lying north of the north line of Walker's Subdivision as delineated on a Plat of record in plat book 1, at page 36, of the Public Records of Collier County, Florida. TOGETHER WITH: Lots I to 8, inclusive, COL - LEE -CO TERRACE, according to plat in Plat Book 1, Page 32, Public Records of Collier County, Florida. LESS AND EXCEPT: Those parcels described in Official Records Book 1969, Page 977, and Official Records Book 2119, Page 1344 both of the Public Records of Collier County, Florida. TOGETHER WITH: All that part of Section 15, Township 49 South, Range 25 East, Collier County, Florida, and being a part of Lots 37 through 49 of Naples Improvement Co's Little Farms, according to the Plat thereof as recorded in Plat Book 2, page 2, Collier County Public Records, Collier County, Florida and being more particularly described as follows: Commencing at the Northwest comer of the Northeast 1/4 of Section 15, Township 49 South Range 25 East, Collier f County, Florida; Thence along the North line of said Section 15, North 89 degrees 55 minutes 30 seconds East 45.00 feet; Thence 45 feet Easterly of and parallel with the North/South 114 Section line of said Section 15 South 0 degrees 00 minutes 29 seconds East 50.00 feet to the South line of a Road Right -of -Way as recorded in O.R. 156, page 66 and 67, Collier County Public Records, Collier County, Florida; thence along the East line of a Road Right -of -Way as recorded in or Book 41, page 592 and 593 and O.R. Book 41 page 531 and 532, Collier County Public Records, Collier County, Florida South 0 degrees 00 minutes 29 seconds East 810.00 feet to the POINT OF BEGINNING of the parcel herein described; Thence Easterly and Northeasterly 723.15 feet along the arc of a non - tangential circular curve concave to the Northwest, having a radius of 1 100.00 feet and being subtended by a chord which bears North 71 degrees 09 minutes 31 seconds East 710.20 to a point of Reverse Curvature; thence Northeasterly 287,16 feet along the arc of a circular curve concave to the Southeast, having a radius of 546.28 feet and being subtended by a chord which bears North 67 degrees 23 minutes 06 seconds East 283.86 feet to the land described in O.R. 228 pages 789 through 798 inclusive and O.R. 645, pages 241 through 246 inclusive Collier County Public Records, Collier County, Florida; thence along said lands the following courses; thence South 4 degrees 37 mninutes 26 seconds West 198.19 feet; thence South 4 degrees 22 minutes 19 seconds East 467.18 feet; thence South 8 degrees 26 minutes 00 seconds East 418.40 feet; thence South 33 degrees 31 minutes 22 seconds East 570.24 feet; thence South 44 degrees 56 minutes 05 seconds West 82.02 feet; thence South 60 degrees 26 minutes 33 seconds West 100.60 feet; thence South 71 degrees 15 minutes 21 seconds West 269.34 feet; thence South 54 degrees 31 minutes 14 seconds West 74.33 feet; thence South 0 degrees 00 minutes 40 seconds East 336.35 feet; thence South 0 degrees 39 minutes 20 seconds East 1211.22 feet; thence South 5 degrees 13 minutes 24 seconds East 461.74 feet; thence South 16 degrees 25 minutes 03 seconds East 198.14 feet; thence leaving said lands South 89 degrees 43 minutes 00seconds West 980.54 feet to the East line of a Road Right -of -Way as recorded in O.R. Book 167, page 522 and 523, Collier County Public Records, Collier County, Florida; thence along said East Right -of -Way and the East line of a Road Right -of -Way as recorded in O.R. Book 41, page 531 and 532, Collier County Public Records, Collier County, Florida, North 0 degrees 00 minutes 29 seconds West 3,653.72 feet to the Point of Beginning of the Parcel herein described; containing 82.946 acres of land more or less. TOGETHER WITH: O w w b a Book 130' Page _ Page 12 Ordinance 07 -11886 All that part of Lots 12, 13, and 14, Naples Improvement Company's Little Farms, as recorded in Plat Book 2, Page 2 of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southwest comer of Lot 12, thence along the South line of said Lot 12, North 89 degrees 26 minutes 51 seconds East 20.00 feet to the East right -of -way line of Goodlette -Frank Road; thence along the East right -of -way line North 00 degrees 39 minutes 49 seconds East 10.00 feet to the Point of Beginning of the herein described parcel; thence continue along said East right -of -way North 00 degrees 39 minutes 49 seconds West 580.00 feet; thence leaving said East right -of -way North 89 degrees 20minutes 11 minutes East 260.12 feet; thence North 59 degrees 31 minutes 13 seconds East, 153.66 feet; thence South 30 degrees 28 minutes 42 seconds East, 119.01 feet; thence South 00 degrees 33 minutes 09 seconds East, 554.02 feet to a line lying 10 feet North of and parallel with said South line of Lot 12; thence along the said parallel line South 89 degrees 26 minutes 51 seconds West, 451.54 feet to the point of beginning of the herein described parcel. Bearings are based on the said East line Goodlette -Frank Road being North 00 degrees 33 minutes 49 seconds East. TOGETHER WITH: A PARCEL OF LAND DESCRIBED AS ALL OF LOTS 23 THROUGH 32 OF NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS ACCORDING TO THE PLAT THEREOF AND RECORDED IN PLAT BOOK 2 PAGE 2 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE WESTERLY 198.00 FEET OF THE SOUTHWEST CARTER OF THE NORTHWEST CARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST AND ALL OF PARCELS "C" AND °D" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGE 4108 THROUGH 4113 LESS AND EXCEPT THE RIGHT OF WAY FOR GOODLETTE ROAD AND LESS AND EXCEPT PARCELS "A" AND °B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 22 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA; THENCE SOUTH 01004'01" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 A DISTANCE OF 666.42 FEET TO THE NORTHEAST CORNER OF LOT 32 OF SAID NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED THENCE SOUTH 89 024'38" WEST ALONG THE NORTH LINE OF SAID LOT 32 A DISTANCE OF 2591.92 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE AFOREMENTIONED GOODLE FE FRANK ROAD THENCE SOUTH 0005759" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 3311.14 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE AFOREMENTIONED LOT 23• THENCE NORTH 89 °51'56" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 2597.74 FEET TO THE SOUTHEAST CORNER OF SAID LOT 23 THENCE NORTH 01004'22" WEST ALONG THE EASTERLY LIN E OF THE AFOREMENTIONED LOTS 23 THROUGH 26 A DISTANCE OF 1205.47 FEET THENCE LEAVING SAID LINE NORTH 36 004'54" EAST ALONG THE BOUNDARY OF PARCEL "D" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4108 THROUGH 4113 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 137.45 FEET THENCE CONTINUING ALONG SAID BOUNDARY NORTH 38 °45'50" EAST A DISTANCE OF 21.60 FEET THENCE LEAVING SAID LINE NORTH 88 054'01" EAST A DISTANCE OF 35.14 FEET THENCE NORTH 35 °32'50" EAST ALONG THE BOUNDARY OF PARCEL "B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 35.89 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 32 °01'31" EAST A DISTANCE OF 25.39 FEET• THENCE CONTINUING ALONG SAID BOUNDARY NORTH 24 °05'47" EAST A DISTANCE OF 46.76 FEET THENCE CONTINUING ALONG SAID BOUNDARY NORTH 270026" EAST A DISTANCE OF 21.88 FEET THENCE LEAVING SAID BOUNDARY NORTH 01°03'02" WEST ALONG THE EASTERLY BOUNDARY OF THE WESTERLY 198.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA A DISTANCE OF 121.79 FEET; 10F O .rte w w b �s I 10 r Book 130 • Page Ordinance 07 -11886 Page 13 THENCE LEAVING SAID LINE NORTH 13 °42'35" EAST ALONG THE BOUNDARY OF PARCEL "C" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4108 THROUGH 4113 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 32.39 FEET THENCE CONTINUING ALONG SAID BOUNDARY OF PARCEL "C" FOR THE FOLLOWING 20 COURSES: THENCE NORTH 26 008'47" EAST A DISTANCE OF 43.29 FEET THENCE NORTH 51045'44" EAST A DISTANCE OF 49.62 FEET THENCE NORTH 24 049'56" EAST A DISTANCE OF 48.02 FEET THENCE NORTH 07 046'47" EAST A DISTANCE OF 21.12 FEET THENCE NORTH 18 007'01" WEST A DISTANCE OF 35.65 FEET - THENCE NORTH 59017'51 " WEST A DISTANCE OF 11.23 FEET' THENCE NORTH 13055'41 WEST A DISTANCE OF 23.82 FEET' THENCE NORTH 12 053'05" EAST A DISTANCE OF 39.20 FEET - THENCE NORTH 23026'05" WEST A DISTANCE OF 11.48 FEET- THENCE NORTH 46031'46" WEST A DISTANCE OF 9.64 FEET' THENCE NORTH 21012'44" WEST A DISTANCE OF 81.61 FEET - THENCE NORTH 11 917'34" WEST A DISTANCE OF 41.72 FEET- THENCE NORTH 00016'46" WEST A DISTANCE OF 52.13 FEET• THENCE NORTH 10 022'33" EAST A DISTANCE OF 35.20 FEET THENCE NORTH 10015'09" WEST A DISTANCE OF 31.07 FEET THENCE NORTH 12045'32" EAST A DISTANCE OF 27.21 FEET' THENCE NORTH 03 005'53" EAST A DISTANCE OF 25.26 FEET- THENCE NORTH 33051'45" WEST A DISTANCE OF 21.85 FEET' THENCE NORTH 12019'53" WEST A DISTANCE OF 136.08 FEET - THENCE NORTH 07010'32" WEST A DISTANCE OF 15.60 FEET THENCE LEAVING SAID BOUNDARY OF PARCEL "C" NORTH 01003'02" WEST ALONG THE EASTERLY BOUNDARY OF THE WESTERLY 198.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA A DISTANCE OF 91.29 FEET THENCE NORTH 53025'20" WEST ALONG THE BOUNDARY OF PARCEL "A" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES 4102 THROUGH 4107 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 33.78 FEET; THENCE CONTINUING ALONG SAID BOUNDARY OF PARCEL "A" FOR THE FOLLOWING 18 COURSES: THENCE NORTH 54 024'44" WEST A DISTANCE OF 30,62 FEET- THENCE NORTH 31033'28" WEST A DISTANCE OF 53.27 FEET: THENCE NORTH 04011'51" EAST A DISTANCE OF 11.28 FEET - THENCE NORTH 47004'38" EAST A DISTANCE OF 9.15 FEET - THENCE NORTH 47030'05" EAST A DISTANCE OF 34.95 FEET THENCE NORTH 58017'59" WEST A DISTANCE OF 18.87 FEET; THENCE SOUTH 89041'10" WEST A DISTANCE OF 10.73 FEET- THENCE NORTH 32014'57" WEST A DISTANCE OF 8.80 FEET THENCE NORTH 04043'32" WEST A DISTANCE OF 9.48 FEET THENCE NORTH 20023'21 " WEST A DISTANCE OF 41.72 FEET THENCE NORTH 51004'36" WEST A DISTANCE OF 32.24 FEET THENCE NORTH 68043'18" WEST A DISTANCE OF 15.23 FEET - THENCE NORTH 72040'24" WEST A DISTANCE OF 21.96 FEET THENCE NORTH 63049'18" WEST A DISTANCE OF 18.83 FEET THENCE NORTH 31013'48" WEST A DISTANCE OF 21.70 FEET THENCE NORTH 07059'10" WEST A DISTANCE OF 9.96 FEET THENCE NORTH 20035'44" WEST A DISTANCE OF 29.93 FEET THENCE SOUTH 88047'48" WEST A DISTANCE OF 34.14 FEET, THENCE LEAVING SAID BOUNDARY OF PARCEL "A" NORTH 01004'01" WEST ALONG THE EASTERLY LINE OF THE AFORESAID PLAT AND ALONG THE EASTERLY LINE OF LOTS 31 AND 32 A DISTANCE OF 666.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: ..tom w cs. C.J b G� cn Bonk 130 • Page Ordinance 07 -11886 page 14 CONTAINING 204.19 ACRES OF LAND MORE OR LESS; "A" AND `B" AS RECORDED IN OFFICIAL RECORDS BOOK 3537 PAGES TOGETHER WITH PARCELS OF COLLIER COUNTY, FLORIDA AND BEING MORE 4102 THROUGH 4108, PUBLIC RECORDS PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL "A" LEGAL DESCRIPTION) OF THE WEST 198 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST/ OF ALL THAT PART RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SECTION 23, TOWNSHIP 49 SOUTH, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST '/, OF SAID SECTION 23; THENCE NORTH 88 °47'48" EAST ALONG THE QUARTER SECTION LINE A DISTANCE OF 34.14 FEET TO AN INTERSECTION WITH THE EASTERLY TOP OF BANK OF GORDON RIVER DRAINAGE DITCH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; ALONG SAID QUARTER SECTION LINE NORTH 88 047'48" EAST 163.86 FEET TO THENCE CONTINUE AN INTERSECTION WITH THE EASTERLY LINE OF SAID WEST 198 FEET; EAST ALONG SAID EASTERLY LINE A DISTANCE OF 273.03 FEET TO AN THENCE SOUTH 01003'02" WITH SAID EASTERLY TOP OF BANK OF SAID DRAINAGE DITCH; INTERSECTION THENCE LEAVING SAID EASTERLY LINE ALONG SAID EASTERLY TOP OF BANK OF SAID DITCH ON THE FOLLOWING (15) DESCRIBED COURSES: THENCE NORTH 53 025'20" WEST 33.78 FEET; THENCE NORTH 31033'28" WEST 53.27 FEET; THENCE NORTH 04011'51" EAST 11.28 FEET; THENCE NORTH 47024'49" EAST 44.09 FEET; THENCE NORTH 58017'59" WEST 18.87 FEET; THENCE SOUTH 89041'10" WEST 10.73 FEET; THENCE NORTH 32014'57" WEST 8.80 FEET; C: THENCE NORTH 04043'32" WEST 9.48 FEET; THENCE NORTH 20 °23'31" WEST 41.72 FEET; THENCE NORTH 51004'36" WEST 32.24 FEET; J THENCE NORTH 71003'18" WEST 37.17 FEET; tJ THENCE NORTH 63049'18" WEST 18.83 FEET; THENCE NORTH 31013'48" WEST 21.70 FEET; 4'1 THENCE NORTH 07059'10" WEST 9.96 FEET; WEST 29.93 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN - THENCE NORTH 20035'44" DESCRIBED; CONTAINING 0.46 ACRES OF LAND MORE OR LESS; (PARCEL "B" LEGAL DESCRIPTION) ALL THAT PART OF THE WEST 198 FEET OF THE SOUTHWEST '/4 OF THE NORTHWEST/4 OF SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/, OF THE NORTHWEST'' /4 OF SAID SECTION 23; THENCE SOUTH 01003'02" EAST ALONG THE WESTERLY LINE OF SAID SOUTHWEST 1/4 OF SAID NORTHWEST''A A DISTANCE OF 133.83 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID SOUTHWEST'' /. OF SAID NORTHWEST'' /.; THENCE NORTH 83054'01" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 132.59 FEET TO AN INTERSECTION WITH THE EASTERLY TOP OF BANK OF THE GORDON RIVER DRAINAGE DITCH, SAID INTERSECTION BEING Ordinance 07 -11886 Page 15 THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY LINE OF SAID SOUTHWEST 1/ OF SAID NORTHWEST '/4 NORTH 88 °54'01" EAST 65.41 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID WEST 198 FEET; THENCE NORTH 01003'02" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 111.67 FEET TO AN INTERSECTION WITH SAID EASTERLY TOP OF BANK OF SAID DRAINAGE DITCH; THENCE LEAVING SAID EASTERLY LINE ALONG SAID EASTERLY TOP OF BANK OF SAID DITCH ON THE FOLLOWING (4) DESCRIBED COURSES: THENCE SOUTH 27 000'26" WEST 21.88 FEET; THENCE SOUTH 24 005'47" WEST 46.76 FEET; THENCE SOUTH 32 °01'31" WEST 25.39 FEET; THENCE SOUTH 35, 032'50" WEST 35.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3,319 SQUARE FEET (.0762 ACRES) OF LAND MORE OR LESS; to 0 �J Ln C.J 00 N X- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP / /� 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A5 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 Boatel 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 Chairman's signature. draw a line thronnh r"„tilo li— xr .h.,...,a, «n "_ - I I I _ _.. Route to Addressee(s) (List in routin order) Office torwam to sue ruson Initials '7(t, —t 5 ^� Agenda Date Item was Approved b the BCC I l pC( Agenda Item Number ;line#5). 2. ) 6LQ0 (Uv\ L % Number of Original Documents 3. )'l Attached 4. by the Office of the County Attorney. This includes signature pages from ordinances, 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. 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 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 1 t lhf4 (d+,nl1 vd Phone Number '7(t, —t 5 ^� Agenda Date Item was Approved b the BCC I l pC( Agenda Item Number A S Type of Document Attached ) 6LQ0 (Uv\ L % Number of Original Documents )'l Attached INSTRUCTIONC .0 CHVI -1, I ic'r I: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/irmialetl 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 possibly State Officials.) 1. 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 of BCC approval of the document or the final negotiated contract date whichever is ap2licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnal ure 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 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! 6. The document was approved by the BCC on (enter date) and all changes N/A is not made during the meeting have been incorporate d the attached document. The C ypt an option for Coun Attorney's Office has reviewed the changes, if applicable. VIJ line 6. I: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26.05, Revised 2.24 05 16A5 MEMORANDUM Date: April 10, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -81 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A5), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 08- 81 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CEDAR HAMMOCK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108; 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 CEDAR HAMMOCK GOLF & COUNTRY CLUB HOMEOWNERS' ASSOCIATION 16A5 WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 25, 1999 approved the plat of Cedar Hammock 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 Section of the Community Development 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 Cedar Hammock, pursuant to the plat thereof recorded in Plat Book 32, pages 91 through 108, 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 Cedar Hammock Golf & Country Club Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this $ day of Pte(A , 2008. m §T 4 .73 KF-E K, CLERK 1� etes.:gQ f�&A�1diGlErk tture 0# Approved as to form and legal sufficiency: 1 r.. Jeff -71 Wright Assi ant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: on TO ING, HAIRMAN OV Item # Agenda Date Date Re" l:C= ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A6 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 Ottice. 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 01 through k4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines H 1 through 44, complete the checklist, and forward to Sue Filson (line 95). Route to Addressee(s) List in routing order Office Initials Date 1. Michelle Arnold Code Enforcement (Initial) 3yz•tkF 2. Judy Puig CDES Agenda Item Number 16A b 3. Sue Filson, Executive Manager Board of County Commissioners 4. Executive Summary Number of Original I PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Bendisa Marko Phone Number 213 -5892 Contact appropriate. (Initial) Applicable) Agenda Date Item was T/0,7 Agenda Item Number 16A b Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Executive Summary Number of Original I Attached Release & Satisfaction of Lien fZcu+R+% Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) L Original document has been signed/initialed for legal sufficiency. (All documents to be BM 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 N/A 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 of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's BM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip BM 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! 6. The document was approved by the BCC on WXL67 (enter date) and all changes made during the meeting have been incorporated in the attached document. The (�{J Count Attorney's Office has reviewed the changes, if applicable. vT C Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 5, 2007, a certified copy of which was recorded on January 17, 2007, in O.R. Book 4170, Pages 0348 -0349, 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 Stpetim Ramku, has been discharged in full: Stpetim Ramku 1008 Hampton Circle Naples, Florida Folio No.: 75020002204 Cost: $1,500.00 Reference: OSM Case No. 2005 - 120195 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 Stpetim Ramku, and consents to this lien being discharged of record. Dated this Tool day of kfil 2008. ATT. DVVAAT,'E,..BROCK, Clerk B U� ttg! „ °as' -to a, [fly Clerk S11raturt on it Approved as to form and legal sufficiency: rt�'' JefkE.JwAght AssisAint County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAT AN * ** 4151123 OR: 4348 PG: 2653 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/1112008 at 08:55AN DWIGHT E. BROCK, CLERK RED FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR RKT 8411 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A;7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Ong in al 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 91 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw aline through routine lines #1 through #4 . complete, the rheckIkt nod in s— rra— Route to Addressee(s) (List in routing order Office Initials Date I. Es fld s Initial) y jT)q 2. Original document has been signed/initialed for legal sufficiency. (All documents to be I 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved by the BCC 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who crealed/pmpared 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: 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact Nwt [� e Initial) f f } Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be I Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Attached ,� t.cskt� � - ��-- Number of Original K Documents Attached INSTRUCTIONS & CHECKLIST I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. 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 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 of BCC approval of the document or the final negotiated contract date whichever is a2plicable. 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 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! 6. The document was approved by the BCC on (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 changes, if applicable. line 6. I: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 16A;7 MEMORANDUM Date: April 10, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -82 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A7), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 08-82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN STRATFORD PLACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 15 THROUGH 21; 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 STRATFORD PLACE MASTER ASSOCIATION, INC. I6 A7 WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 29, 2003 approved the plat of Stratford Place 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 Stratford Place , pursuant to the plat thereof recorded in Plat Book 40, pages 15 through 21, 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 Stratford Place Master Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this $1'h day of Atl�l .-,2008. DATE: DWIGHT E.-BWkk, CLERK 1f - -I c✓ - guest as sf90�ture;. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA a By: TOM ING , CHAIRMA Approved as to form and legal sufficiency: Je .Wight Ass tant Collier County Attorney Item #� Agenda Date 1 Daa, q b eputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL, ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURfi 6 Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original 8 documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through k4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si¢nahve draw. a linr thrnnoh .....;n., u,.,.� xl ru.,..,,.x xn ,.,.....ae....._ ,..__I.,:_. __I ,.. 111 Route to Addressee(s) List in mutin& order) ....... .. .... ...... ,�,. cacc..B a.. Office .,., wa o o rusu Initials Date 1. ui ES Initial) t4 8 OS 2. /' Agenda Item Number 3. Approved b the BCC 't 4. le Type of Document Attached u (yy�; fS� >'[..' 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. 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 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 �`al.� I� Phone Number N/A (Not Contact Wts�" Initial) V �' s Agenda Date Item was /' Agenda Item Number Approved b the BCC 't le Type of Document Attached u (yy�; fS� >'[..' Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRIiCT10NR A, CUM—WI rCT C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. 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 2ossibly 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 of BCC approval of the document or the final negotiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's (� signature and initials are required. J 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 BCC's actions are nullified. Be aware of your deadlines! T. The document was approved by the BCC on OH (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The As an option for County Attorney's Office has reviewed the changes, if applicable. 11 line 6. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: April 10, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -83 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A8), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 08-83 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MEDITERRA PARCEL 101, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 43 THROUGH 44; 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 MEDITERRA COMMUNITY ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2000 approved the plat of Mediterra Parcel 101 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 101, pursuant to the plat thereof recorded in Plat Book 34, pages 43 through 44, 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 Mediterra Community Association. This Resolution adopted after motion, second and majority vote favoring same, this Vh day of d °rte I 2008. DATE:'VZ ATTEST: DWI E. BROC, CLERK nt6*t Approved as to form and legal suffici cy: Krvqt Je E. ri t AssIqAt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMA iir -.if, 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 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 exception of the Chairman's signature. draw a line through conning itnp� fi l tf,- -h as --l— o,- ..L_ ..... :... ._ _ ,— Route to Addressee(s) (List in routing order _.......__......._ . ...............,...........,�,, a,w Office rviwawwouc ruson Initials ltne FJ). Date 1. V Initial) f sus 2. Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 3. Approved by the BCC 4 ?[-Q 4. (.a, a , Type of Document Attached �+ (� � S6 (.0s 1 xe� t. C �' 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office I, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 ILUZOA { Phone Number �i Contact V Initial) f sus Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC 4 ?[-Q (.a, a , Type of Document Attached �+ (� � S6 (.0s 1 xe� t. C �' Number of Original Documents resolutions, etc. signed by the County Attorney's Office and signature pages from Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & eHF.ctc .iCT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2 24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 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 I, Chairman and Clerk to the Board and possibly State Officials.) 1� 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si. nature 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 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! VI 6. The document was approved by the BCC on - (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 changes, if applicable. U' line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2 24.05 16 ,q 9 MEMORANDUM Date: April 10, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -84 Enclosed please find one copy of the document as referenced above (Agenda Items # 16A9), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 08- 84 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MEDITERRA PARCEL IOTA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGES 59 THROUGH 60; 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 MEDITERRA COMMUNITY ASSOCIATION 1649 WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 24, 2000 approved the plat of Mediterra Parcel 101 A 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 101A, pursuant to the plat thereof recorded in Plat Book 35, pages 59 through 60, 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 Mediterra Community Association. This Resolution adopted after motion, second and majority vote favoring same, this 'V) day of tom 2008. DATE: ATTEST:. '- DWIQATE.BROC `'CLERK G AttHtt'as the �i n s sigtiaLiq;e oril � . Approved as to form and legal suffi ' ncy:� Jet E. ght As ant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLO DA By: TOM HENNING, CHAIRMAN Item # Agenda Date Date 16A 1C CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 2nd day of September, 2008 between NAPLES MOTORCOACH RESORT, INC., hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: NAPLES MOTORCOACH RESORT B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Site improvements including Paying, drainage, roadway paving, storm drainage system, off -site utilities, potable water distribution system, wastewater collection system, landscape, irrigation, buffer wall, fiahting within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (LOC or Performance Bond) (attached hereto as Exhibit "A" and by reference made a part hereofi hereinafter the "Surety Bond ". in the amount of $1,626,437.34 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 11 i200S,2005144�WPTLAT RECORDATIOM.Construction & Maintenance for Subdivision Improvements - 080902 doc 16g10 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay H:`200 512 00 5 1 44'WPIPLAT RECORDATIOW\Construction & Maintenance for Subdivision Improvements - 080902 doc 16p10 and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 'rp day of 2008. SIGNED IN THE PRESENCE OF: NAPLES MOTORCOACH RESORT, INC. A Florida Corporation Signature: ,.x,.- E. Rand I H on, esiden B Printed or Typed Name uthorized S!g6ture Signature: rr Printed o y ed Name ATTEST: BOARD OF COUNTY OMMISSIONERS OF COLLIERv6 UNTY41LO RIDA By: owlity Clerk A rove a;3,to form and legal sufficiency: B Tom Henning, Chairman B: ti Steven T. Williams, Assistant County Attorney H. \200512005144 \WP \PLAT RECORDATIOMConstntction & Maintenance for Subdivision Improvements - 080902, doc www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Profit Coraoration NAPLES MOTORCOACH RESORT, INC. Filing Information Document Number P97000077469 FEI Number 651011441 Date Filed 09/08/1997 State FL Status ACTIVE Effective Date 09/05/1997 Last Event NAME CHANGE AMENDMENT Event Date Filed 01/23/2007 Event Effective Date NONE Principal Address 91320 COBURG INDUSTRIAL WAY COBURG OR 97408 US Changed 04/26/2004 Mailing Address 91320 COBURG INDUSTRIAL WAY COBURG OR 97408 US Changed 04/26/2004 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Name Changed: 03/10/2003 Address Changed: 03/10/2003 Officer /Director Detail Name & Address Title P HENDERSON, EVERETT R JR. 2400 CRESTMOOR ROAD NASHVILLE TN 37215 Title TD DALEY, PAUL M 91320 COBURG INDUSTRIAL WAY COBURG OR 97408 Title SD <IMBALL, CHARLES )l 320 COBURG INDUSTRIAL WAY 'OBURG OR 97408 Document Searches Forms Help Entity Name Search Page 1 of 2 6A10 http: / / www.sunbiz.org/ scripts /Cordet.exe ?action= DETFIL &inq doc__number= P970000774... 9/24/2008 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 DR61NAG AND P I - T U.S. 41 R/W Descri tion Quantitv Units Unit Cost Total 6" ABC -3 Asphalt 587 SY $40.00 $23,480.00 3" Asphalt Paving - 2 Lifts 1,503 SY $18.00 $27,054.00 8" Limerock Base 929 SY - $14.00 $13,006.00 12" Stabilized Sub grade 967 SY $2.50 $2,417.50 Fill 215 CY $12.00 $2,580.00 4' Sod Strip 776 LF $0.80 $620.80 Seed and Mulch 1 AC $1,600.00 $1,600.00 24" Concrete Flume 40 LF $13.00 $520.00 Concrete Sidewalk, 4" thick 816 SF $3.40 $2,774.40 Speed/Traffic Signs 1 EA $125.00 $125.00 6" White Thermoplastic 762 LF $5.00 $3,810.00 6" Yellow Thermoplastic 241 LF $5.00 $1,205.00 18" Yellow Thermoplastic Gore @ 10' o.c. 120 LF $10.00 $1,200.00 Stop Bar, 24" White Thermoplastic 43 LF $9.00 $387.00 White Thermoplastic Arrows 2 LS $50.00 $100.00 14 x 23 ERCP 92 LF $30.00 $2,760.00 14 x 23 Mitered End 2 EA $1,400.00 $2,800.00 Subtotal U. S. 41 Drainage and Paving Off Site $86,439.70 DRAIM99 ANQ eAJONO QFE:§IIE HENDERSON DRIVE Descri tion uan fitv Units Unit Cost Total 2" Asphalt Paving Type S -III 2 Lifts 247 SY $13.00 $3,211.00 8" Limerock Base 265 SY $14.00 $3,710.00 12" Stabilized Sub Base 309 SY $2.50 $772.50 Fill 52 CY $12.00 $624.00 2' Sod Strip 130 LF $0.40 $52.00 Stop Bar & Sin 15 LF $9.00 $135.00 14 x 23 ERCP 83 LF $30.00 $2,490.00 14 x 23 Mitered End 2 EA $1,400.00 $2,800.00 Subtotal Henderson Drive Drainage and Paving Off Site $13,794.50 Total Off -Site Drainage and Paving $100,234.20 H:12 00 512 0 05 1 4 41SS1PLAT RECORDATION1Revised Probable Engrs Cost 080828 Plat Bonding.XLS Page 1 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised Auaust 28. 2008 IROAD AND PAVINQ ON-SITE Descri tion 2uantity Units Unit Cost Total 2" As halt Pavin - Type S -III 2 1" Lifts 15,304 SY $13.00 $198,952.00 6" Limerock Base 15,304 SY $12.00 $183,648.00 12" Stabilized Sub grade 20,216 SY $2.50 $50,540.00 Roadway Testing 1 LS $5,000.00 $5,000.00 T e'A'Curb 1,045 LF $16.20 $16,929.00 T e'D' Curb 356 LF $15.75 $5,607.00 24" Valley Gutter 9,511 IF $13.00 $123,643.00 Concrete Sidewalk, 4" thick 4,967 SF $3.40 $16,887.80 Stabilized Sod Drive 451 SF $4.60 — $2,074.60 S eed/Traffic Signs 32 EA $125.00 $4,000.00 Blue Fire Hydrant Pavement Markers 12 EA $80.00 $960.00 Crosswalk, 12" White Thermoplastic 79 LF $5.00 $395.00 6" White Thermoplastic Lane & Skip Lines 159 LF $3.00 $477.00 Stop Bar, 24" White Thermoplastic 186 LF $9.00 $1,674.00 2' Sod Strip 12,715 LF $0.40 $5,086.00 Seed and Mulch 9 AC $1,600.00 $14,400.00 Silt Fence 1,175 LF $2.65 $3,113.75 Site Grading Finish 1 LS $10,000.00 $10,000.00 Subtotal Roadway and Paving On -Site $643,387.15 H: 12005120051441SMPLAT RECORDATIOMRevised Probable Engrs Cost 080828 Plat Bonding.XLS Page 2 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 SXjTKM Descri tion Quantity Qnits Unit Cost Total 36" RCP 638 LF $93.00 $59,334.00 30" RCP 1,042 LF $72.00 $75,024.00 24" RCP 1,262 LF $58.00 $73,196.00 18" RCP 728 LF $45.00 $32,760.00 15" RCP 262 LF $36.00 $9,432.00 36" Flared End 1 EA $1,300.00 $1,300.00 30" Flared End 1 EA $1,095.00 $1,095.00 24" Flared End 2 EA $825.00 $1,650.00 18" Flared End 1 EA $735.00 $735.00 Catch Basin Type VG Inlet Complete 30 EA $2,985.00 $89,550.00 Junction Box 3 EA $3,950.00 $11,850.00 Head Wall wl Rip Rap as needed 2 EA $5,140.00 $10,280.00 Water Control Structure 2 EA $6,620.00 $13,240.00 Subtotal Drainage $379,446.00 Total Storm & Roadway System $1,123,067.35 H 12 00 512 0 05 1 4 41SS%PLAT RECORDATIOWRevised Probable Engrs Cost 080828 Plat Bonding,XLS Page 3 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 FF I TI Description allntltX Units Unit Cost Total 3988 LF $26.50 $105,682.00 6" PVC DR -14, CL -200 16" x 4" Hot Tap & Valve FM 1 LS $7,000.00 $7,000.00 4" Check Valve at R/W 1 EA $1,460.00 $1,460.00 4" PVC DR -14, CL -200 Force Main 24 LF $15.20 $364.80 12" x 8" Hot Tap & Valve WM 1 LS $6,500.00 $6,500.00 8" PVC DR -14, CL -200 WM 44 LF $26.50 $1,166.00 Temporary Bacteria Sample Point 1 EA $495.00 $495.00 Temporary Backflow Preventer 1 EA $7,500.00 $7,500.00 4 EA $860.00 $3,440.00 2" Gate Valve 23 EA $640.00 $14,720.00 2" Water Service Tee & Valve (each lot) Total Off Site Utilities EA $1,785.00 $328,440.00 $24,485.80 POTABLE W_T. Description Quan fi Units Unit Cost Total 8" PVC DR -14, CL -200 3988 LF $26.50 $105,682.00 6" PVC DR -14, CL -200 603 LF $21.00 $12,663.00 2" Poly or Sch 40 PVC Water Service Line 3,919 LF $8.00 $31,352.00 4" Casing 87 LF $4.00 $348.00 Fire Hydrant Assembly 12 EA $3,360.00 $40,320.00 8" Potable Water /Fire Meter Assembly 1 EA $40,000.00 $40,000.00 8" Gate Valve 25 EA $1,390.00 $34,750.00 6" Gate Valve 7 EA $1,195.00 $8,365.00 4" Gate Valve 4 EA $860.00 $3,440.00 2" Gate Valve 23 EA $640.00 $14,720.00 2" Water Service Tee & Valve (each lot) 184 EA $1,785.00 $328,440.00 Temporary Bacteria Sample Point 4 EA $495.00 $1,980.00 Permanent Bacteria Sample Point 2 EA $1,450.00 $2,900.00 Bollard Posts 48 EA $300.00 $14,400.00 Pressure Test 1 LS $4,000.00 $4,000.00 Chlorinate 1 LS $2,000.00 $2,000.00 Subtotal Potable Water x645,360.00 H 0 00 512 0 05 1 4 41SSTLAT RECORDATION1Revised Probable Engrs Cost 080828 Plat Bonding.XLS Page 4 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 T M 1&iffAILY JCMR JXJ_ Description Quantit Units Unit Cost Total Lift Station 1 EA $110,000.00 $110,000.00 Manhole 0 -6' IET Lined 24 EA $4,340.00 $104,160.00 Manhole 6 -8' IET Lined 8 EA $5,230.00 $41,840.00 Manhole 8 -10' IET Lined 3 EA $6,160.00 $18,480.00 Drop Manhole Connection 1 EA $1,500.00 $1,500.00 8" PVC SDR -26 (0' -6') Conventional Method 5115 LF $28.00 $143,220.00 8" PVC SDR -26 (6' -8') Conventional Method 1301 LF $35.00 $45,535.00 8" PVC SDR -26 (8' -10') Conventional Method 315 LF $45.00 $14,175.00 3" Single Clean -Out 184 EA $125.00 $23,000.00 6" Single Clean -Out 5 EA $100.00 $500.00 6" PVC Sanitary Lateral 843 LF $18.00 $15,174.00 4" DR -14 PVC Force Main 559 LF $15.20 $8,496.80 4" Air Release Valve 1 EA $3,580.00 $3,580.00 Sanitary Sewer Television Inspection & Video 6,600 LF $1.25 $8,250.00 Subtotal Sanitary $537,910.80 Total Utilities & Water /Sewer Cost $1,207,756.60 H Q005120051441SS1PLAT RECORDATION1Revised Probable Engrs Cost 080628 Plat BondingALS Page 5 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 LA G ` RR Quantity Units Unit Cost Total Buffer Wall 3,216 LF $80.00 $257,280.00 Description Quantit Units Unit Cost Total Landscape Plants 1 LS $435,523.65 $435,523.65 Mulch 1 LS $8,894.21 $8,894.21 Irrigation 1 LS $195,000.00 $195,000.00 Subtotal Landscaping & Irrigation $639,417.86 OHM WA Ll. Quantity Units Unit Cost Total Buffer Wall 3,216 LF $80.00 $257,280.00 1 TI uantit Units Unit Cost Total Cobra Head Fixtures 4 EA $2,000.00 $8,000.00 Lantern Fixtures 50 EA $2,500.00 $125,000.00 Subtotal Lighting $133,000.00 TOTAL LANDSCAPE & IRRIGATION, WALL AND LIGHTING TOTAL OF CONSTRUCTION 10% OF CONSTRUCTION COST TOTAL OF IMPROVEMENTS TO BE COMPLETED @ 100% PLAT BOND AMOUNT $1,029,697.86 $3,360,521.81 $336,052.18 $1,290,385.16 $1,626,437.34 J -' Jerry C, Neal, P.E. #25646 Hole Monies, Inc, #1772 950 Encore Way Naples, Flor'da 34110 H.12005\2005144%MPLAT RECORDATION1Revised Probable Engrs Cost 080828 Plat Bonding.XLS Page 6 16g10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 DRAINAGE AND 1 T U.S. 41 R1W Descri tion Quantit Units Unit Cost Total 6" ABC -3 Asphalt 0 SY $40.00 $0.00 3" Asphalt Paving - 2 Lifts 0 SY $18.00 $0.00 8" Limerock Base 0 SY $14.00 $0.00 12" Stabilized Sub grade 0 SY $2.50 $0.00 Fill 0 CY $12.00 $0.00 4' Sod Strip 776 LF $0.80 $620.80 Seed and Mulch 1 AC $1,600.00 $1,600.00 24" Concrete Flume 40 LF $13.00 $520.00 Concrete Sidewalk, 4" thick 816 SF $3.40 $2,774.40 Speed/Traffic Signs 1 EA $125.00 $125.00 6" White Thermoplastic 762 LF $5.00 $3,810.00 6" Yellow Thermoplastic 241 LF $5.00 $1,205.00 18" Yellow Thermoplastic Gore 10' o. c. 120 LF $10.00 $1,200.00 Stop Bar, 24" White Thermoplastic 43 LF $9.00 $387.00 White Thermoplastic Arrows 2 LS $50.00 $100.00 14 x 23 ERCP 92 LF $30.00 $2,760.00 14 x 23 Mitered End 2 EA $1,400.00 1 $2,800.00 Subtotal U. S. 41 Drainage and Paving Off Site $17,902.20 Q8AIMArzE ANQ 136MN9 I HENDERSON DRIVE Descri tion 2ELnfUt Units Unit Cost Total 2" Asphalt Paving Type S-1 11 2 Lifts 0 SY $13.00 $0.00 8" Limerock Base 0 SY $14.00 $0.00 12" Stabilized Sub Base 0 SY $2.50 $0.00 Fill 0 CY $12.00 $0.00 2' Sod Strip 130 LF $0.40 $52.00 Stop Bar & Sin 15 LF $9.00 $135.00 14 x 23 ERCP 1 01 LF 1 $30.00 1 0.00 14 x 23 Mitered End 2 EA $1,400.00 $2,800.00 Subtotal Henderson Drive Drainage and Paving Off Site $2,987.00 H:Q005120051441SS1PLAT RECORDATIOMItems yet to complete Probable Engrs Cost 080828 Plat BonclingALS Page 1 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 ROAQwM AND PAVING N Descri tion guantit Units Unit Cot Total 2" Asphalt Paving - Type S -III 2 1" Lifts 15,304 SY $13.00 $198,952.00 6" Limerock Base 5,133 SY $12.00 $61,596.00 12" Stabilized Sub grade 0 SY $2.50 $0.00 Roadway Testing 0.5 LS $5,000.00 $2,500.00 T e'A' Curb 66 LF $16.20 $1,069.20 T e'D' Curb 50 LF $15.75 $787.50 24" Valley Gutter 4,620 LF $13.00 $60,060.00 Concrete Sidewalk, 4" thick 4,967 SF $3.40 $16,887.80 Stabilized Sod Drive 451 SF $4.60 $2,074.60 S eed/Traffic Signs 32 EA $125.00 $4,000.00 Blue Fire Hydrant Pavement Markers 12 EA $80.00 $960.00 Crosswalk, 12" White Thermoplastic 79 LF $5.00 $395.00 6" White Thermoplastic Lane & Skip Lines 159 LF $3.00 $477.00 Stop Bar, 24" White Thermoplastic 186 LF $9.00 $1,674.00 2' Sod Strip 10,000 LF $0.40 $4,000.00 Seed and Mulch 4.5 AC $1,600.00 $7,200.00 Silt Fence 0 LF $2.65 $0.00 Site Grading Finish .51 LS 1 $10,000.00 $5,000.00 Subtotal Roadway and Paving On -Site $367,633.10 H: 12005\2005144 \SS \PLAT RECORDATION1ltems yet to complete Probable Engrs Cost OB002B Plat Bonding.XLS Page 2 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 STORM Y FA Descri tion uantit Units Unit Cost Total 36" RCP 0 LF $93.00 $0.00 30" RCP 0 LF $72.00 $0.00 24" RCP 0 LF $58.00 $0.00 18" RCP 0 LF $45.00 $0.00 15" RCP 0 LF $36.00 $0.00 36" Flared End 0 EA $1,300.00 $0.00 30" Flared End 0 EA $1,095.00 $0.00 24" Flared End 0 EA $825.00 $0.00 18" Flared End 0 EA $735.00 $0.00 Catch Basin Type VG Inlet Complete 0 EA $2,985.00 $0.00 Junction Box 0 EA $3,950.00 $0.00 Head Wall w/ Rip Rap as needed 0 EA $5,140.00 $0.00 Water Control Structure 0 EA $6,620.00 $0.00 Subtotal Drainage $0.00 Total Storm & Roadway System $388,522.30 H: 12 0 0512 00 5 1 441SSIPLAT RECORDATION1ltems yet to complete Probable Engrs Cost 080828 Plat BondingALS Page 3 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 E- 1 I T Descri tion uantit Units Unit Cost Total 0 LF $26.50 $0.00 6" PVC DR -14, CL -200 16" x 4" Hot Tap & Valve FM 0 LS $7,000.00 $0.00 4" Check Valve at RIW 0 EA $1,460.00 $0.00 4" PVC DR -14, CL -200 Force Main 0 LF $15.20 $0.00 12" x 8" Hot Tap & Valve WM 0 LS $6,500.00 $0.00 8" PVC DR -14, CL -200 WM 0 LF $26.50 $0.00 Temporary Bacteria Sample Point 0 EA $495.00 $0.00 Temporary Backflow Preventer 0 EA $7,500.00 $0.00 0 EA $860.00 $0.00 2" Gate Valve 0 EA $640.00 $0.00 2" Water Service Tee & Valve (each lot) Total Off Site Utilities EA $1,785.00 $87,465.00 $0.00 P; A T Description Quantit Units Unit Cost Total 8" PVC DR -14, CL -200 0 LF $26.50 $0.00 6" PVC DR -14, CL -200 0 LF $21.00 $0.00 2" Poly or Sch 40 PVC Water Service Line 0 LF $8.00 $0.00 4" Casing 0 LF $4.00 $0.00 Fire Hydrant Assembly 0 EA $3,360.00 $0.00 8" Potable Water /Fire Meter Assembly 0 EA $40,000.00 $0.00 8" Gate Valve 0 EA $1,390.00 $0.00 6" Gate Valve 0 EA $1,195.00 $0.00 4" Gate Valve 0 EA $860.00 $0.00 2" Gate Valve 0 EA $640.00 $0.00 2" Water Service Tee & Valve (each lot) 49 EA $1,785.00 $87,465.00 Temporary Bacteria Sample Point 0 EA $495.00 $0.00 Permanent Bacteria Sample Point 0 EA $1,450.00 $0.00 Bollard Posts 48 EA $300.00 $14,400.00 Pressure Test 0 LS $4,000.00 $0.00 Chlorinate 1 LS $2,000.00 $2,000.00 Subtotal Potable Water $103,865.00 H Q005QO05144ISSIPLAT RECORDATIONIItems yet to complete Probable Engrs Cost 080828 Plat Bonding.XLS Page 4 16A10 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 SANITARY SEWER §Xgjg_M Description Quantit Units Unit Cost Total Lift Station 20% EA $110,000.00 $22,000.00 Manhole 0 -6' IET Lined 0 EA $4,340.00 $0.00 Manhole 6 -8' IET Lined 0 EA $5,230.00 $0.00 Manhole 8 -10' IET Lined 0 EA $6,160.00 $0.00 Drop Manhole Connection 0 EA $1,500.00 $0.00 8" PVC SDR -26 (0' -6') Conventional Method 0 LF $28.00 $0.00 8" PVC SDR -26 (6' -8') Conventional Method 0 LF $35.00 $0.00 8" PVC SDR -26 (8' -10') Conventional Method 0 LF $45.00 $0.00 3" Single Clean -Out 0 EA $125.00 $0.00 6" Single Clean -Out 0 EA $100.00 $0.00 6" PVC Sanitary Lateral 0 LF $18.00 $0.00 4" DR -14 PVC Force Main 0 LF $15.20 $0.00 4" Air Release Valve 1 EA $3,580.00 $3,580.00 Sanitary Sewer Television Inspection & Video 0 LF $1.25 $0.00 Subtotal Sanitary $25,580.00 Total Utilities & Water /Sewer Cost $129,445.00 H 12 00 512 00 5 1 4 41SSTLAT RECORDATIONUtems yet to complete Probable Engrs Cost 080828 Plat BondingALS Page 5 ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort Probable Cost Of Items Yet To Be Completed HM File No. 2005.144 Revised August 28, 2008 ND CA IR ATIO I Quenti I Units I Unit Cost Total Buffer Wall 1 01 LF 1 $80.00 $D.00 Description Quantit Units Unit Cost Total Landscape Plants 1 LS $435,523.65 $435,523.65 Mulch 1 LS $8,894.21 $8,894.21 Irrigation 1 LS $195,000.00 $195,000.00 Total Landscape & Irrigation, Wall and Lighting I 1 1 $772,417.86 Subtotal Landscaping & Irrigation 1 $639,417.86 1WEEWS-WALL I I I Quenti I Units I Unit Cost Total Buffer Wall 1 01 LF 1 $80.00 $D.00 LIQHJINQ, Quantit Units Unit Cost Total Cobra Head Fixtures 4 EA $2,000.00 $8,000.00 Lantern Fixtures 50 EA $2,500.00 $125,000.00 Subtotal Lighting $133,000.00 Total Landscape & Irrigation, Wall and Lighting I 1 1 $772,417.86 GRAND TOTAL OF CONSTRUCTION TO BE COMPLETED $1,290,385.16 / Jerry C, Neal, P.E. #26646 Hole Montes, Inc. #1772 950 Encore Way Naples, Florida 34110 16A10 H 12 00 512 00 51 441SSIPLAT RECORDATION1ltems yet to complete Probable Engrs Cost 080828 Plat Bonding.XLS Page 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP? 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO OL 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 91 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines # 1 throueh 44. complete the checklist and fnrward to s „P Ffl— ni„P x<t Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Arnold Code Enforcement (Initial) Nlg pr 2. Judy Puig CDES Agenda Item Number Nigjdg 3. Sue Filson, Executive Manager Board of County Commissioners 4. Executive Summary Number of Original I PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Bendisa Marko Phone Number 213 -5892 Contact appropriate. (Initial) Applica ble) Agenda Date Item was ��g�0g Agenda Item Number 16A1 Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Executive Summary Number of Original I Attached Release & Satisfaction of Lien (o�'t�` Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Fonns/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be BM 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 N/A 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 of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's BM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip BM 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! 6. The document was approved by the BCC on WXLOY (enter date) and all changes made during the meeting have been incorporated In the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Fonns/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A11 This instrument prepared by: Jeff E. Wright Assistant County Attomey 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated August 30, 2004, a certified copy of which was recorded on September 8, 2004, in O.R. Book 3637, Page(s) 3682, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Robert Lockhart, has been discharged in full: Location: 1361 Lake Shore Drive Folio No. 81520760001 Cost: $29,575 (by negotiated settlement) Reference: CEB Case No. 2004 -026 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Robert Lockhart, and consents to this lien being discharged of record. Dated this g44N day of 40,6\ _'2008. ATTEST: DWIQjjjT) RPr`0r,T,�, Clerk Approved as to form and legal sufficiency: Jeff rig t Assist t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: O NNIN , CHAIR * ** 4151124 OR; 4348 PG; 2654 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/11 ;2008 at 08:55AR DWIGHT E. FROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 8411 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A 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 muting 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 signature draw a line rhmnoh fl linos al fF.rnmF 9a ,........Ie .L.. ,.ti__Lr_. __I c__..__� ._ .._. Route to Addressee(s) List in routing order _.,........,...,.,...,......,., Office w uuc li.s.i Initials kroic xi). Date 1. lA� C les Ptam yl-1 Alp �Iglb 2. Original document has been signed/initialed for legal sufficiency. (All documents to be VU 1Q'/}•�7� 3. � • ; IL�I "W� Y " Number of Original Documents Attached 4. by the Office of the County Attorney. This includes signature pages from ordinances, 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. 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 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 y ,a K 1111k 1 Phone Number u S Yj } app date. (Initial) A licable Agenda Date Item was Approved b the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 1Q'/}•�7� Type of Document Attached � • ; IL�I "W� Y " Number of Original Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9,03.04, Revised 126.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not app date. (Initial) A licable 1. 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 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. q�Cj 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 Filson in the BCC office within 24 hours of BCC approval. ^ to Some documents are time sensitive and require forwarding to Tallahassee within a certain VWYc� time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on L4111p1l (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 changes, if applicable. line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9,03.04, Revised 126.05, Revised 2.24.05 16Al2 MEMORANDUM Date: April 10, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -85 Enclosed please find one copy of the document as referenced above (Agenda Items # 16Al2), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please feel free to contact me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 08- 85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MEDITERRA PARCEL 102, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 3 THROUGH 4; 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 MEDITERRA COMMUNITY ASSOCIATION 16Al2 WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2000 approved the plat of Mediterra Parcel 102 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 102, pursuant to the plat thereof recorded in Plat Book 34, pages 3 through 4, 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 Mediterra Community Association. This Resolution adopted after motion, second and majority vote favoring same, this 31" day of Apti 1 2008. DATE: A-1 ATTEST_ DW CrIff E. BROCI yl/ ? E v .4 \� ,.Dehry Clerk Approved as to form and legal sufficiency: Jeff 'Vri t Assis nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C9PNTY, FLORIDA By. TOM HENNING, CHAI Item# ' —L07-4a Agenda Date Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .7 n 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 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 exception 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) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 04/08/08 Agenda Item Number 1682 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution % C; �C) Number of Original 4 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Eugene Calvert Phone Number 252 -8677 Contact appropriate. (Initial) Applicable) was Agenda Date Item was 04/08/08 Agenda Item Number 1682 A roved b the signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution % C; �C) Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 .03 04 _ Rcvised 126.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 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 of BCC approval of the document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain N /il time frame or the BCC's actions are nullified. Be aware of your deadlines! TT 6. The document was approved by the BCC on 181M (enter date) and all changes made during the meeting have been incorporated In the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 .03 04 _ Rcvised 126.05, Revised 2.24 05 16B2 MEMORANDUM Date: April 10, 2008 To: Eugene Clavert, Priciple Project Manager Traffic Operations Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -86: Speed Limit Change Attached, for your records, please find three original copies of the document, as referenced above, (Agenda Item #16132) adopted by the Collier County Board of County Commissioners on Tuesday, April 8, 2008. One of the original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 252 -8411. Thank you. Enclosure 1682 MEMORANDUM Date: April 10, 2008 To: Don Hunter, Sheriff Sheriff's Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -86: Speed Limit Change Attached, for your records, please find one original copy of the document, as referenced above, (Agenda Item #16132) adopted by the Collier County Board of County Commissioners on Tuesday, April 8, 2008. The original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 252 -8411. Thank you. Enclosure RESOLUTION NO. 2008 - 86 rg A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT REDUCTION FROM FORTY - FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) ON NORTHBROOKE DRIVE FOR THE SECTION 200 FEET NORTH OF MILLCREEK LANE NORTH TO ITS TERMINUS AT QUAIL WEST DEVELOPMENT. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, NORTHBROOKE DRIVE falls under the jurisdiction of the BCC; and WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigations determined that the reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to criteria promulgated by the Florida Department of Transportation and Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The BCC does hereby establish a 40 miles per hour (40 mph) speed limit on Northbrooke Drive from the section 200 feet north of Millcreek Lane north to its terminus at Quail West development, a distance of 1.6 miles, and does hereby direct the County Traffic Operations Department to erect appropriate speed limit signs giving notice thereof. 2. A copy of this Resolution be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limits for Northbrooke Drive within the designated segments. 3. The effective date of the speed limit reduction shall be after written notification to the Sheriffs Office and upon posting of the appropriate signage. This resolution adopted after motion, second, and majority vote favoring same this 8th day of April, 2008. ATTEST: DWIGHT E. BROCK, Clerk B �C Deputy Clerk Attest as to chairman s BOARD OF COUNTY COMMISSIONERS, COLLIER C N F TY, RIDA. By: Tom Henning, Chairman Ap�W ' R tSofbrt 5agd legal sufficiency By C / /�/ Scott R. Teach, Managing Assistant County Attorney Item# 00b P, Agenda Date (� y Date C{ I U Re 'd Deputy Clerk i Speed Limit Study Report Northbrooke Drive Date: 3/07/08 By Eugene Calvert, PE, PTOE BACKGROUND The Collier County Traffic Operations Department has conducted an engineering and traffic investigation study to determine the appropriate speed limit along Northbrooke Drive from Immokalee Road, north to its terminus at Quail West Development. Northbrooke Drive is a 2.0 mile roadway functionally classified as a local road. The roadway is located east of 1 -75 and north of Immokalee Road; and provides access to numerous gated — golf course communities. The primary intent in the establishment of a speed zone is to provide improved vehicular and pedestrian safety by reducing the probability and severity of crashes. An established speed limit notifies the driver of the maximum and/or minimum speed that is considered acceptably safe for optimum weather and visibility. It is intended to establish the standard or speed limit which the normally prudent driver can react more safely to driving problems encountered on the roadway. DESIGN CHARACTERISTICS Northbrooke Drive is a two -lane, two -way roadway with 11 foot wide travel lanes and no paved shoulders. The roadway cross section is typically a rural section with no curb and gutter. The centerline is typically marked with a normal broken yellow line and the edge of the travel way has white edge line markings. Except at a few of the intersections, passing is permitted throughout the length of the roadway. The first 700+ feet of the road north of Livingston Road provides access to various commercial establishments in the Northbrooke Plaza. At approximate mile post (M.P.) 0.14 the road intersects with the terminus of Oakes Boulevard. Traffic control at this intersection is provided with a stop control for northbound Northbrooke Drive. Northbrooke Drive continues to the north providing access to fourteen (14) local streets and /or driveways. There are five (5) marked cross walks /golf cart crossings along the length of the roadway. The current posted speed limit for the roadway is: M.P. 0.0 @ Livingston Road intersection to M.P. 0.4 = 35 mph M.P. 0.4 to M.P. 2.0 = 45 mph There are four (4) horizontal curves along the alignment that have proper advanced warning signs with 35 mph advisory speed plates. Passing is currently permitted along the majority of the roadway, even through the 35 mph horizontal curves. Advance warning signs are provided for some, but not all of the golf cart crossings. The warning signs are not in compliance with the Manual on Uniform Traffic Control Devices (MUTCD) in regards to advance placement distance or retroreflectivity. The crossing are delineated by crosswalk pavement markings. In addition, the crosswalk pavement markings are becoming worn and need to be repainted. SPEED INVESTIGATION Florida Statutes require that the change of speed zone values as outlined in Sections 316.183 and 316.189 F.S. be based upon an engineering and traffic investigation. The investigation is to include, but is not limited to, the measurements of prevailing speeds and other traffic engineering evaluations contained in the "Speed 'Zoning for Highways, Roads and Streets in Florida" manual (FDOT Manual Number 750- 010 -002, 1997 Edition). This manual was developed by the Florida Department of Transportation to promote uniformity in the establishment of state, municipal and county speed zones throughout the State of Florida. Three types of data were utilized in determining the prevailing speed: 85`h percentile speed, upper limit of the 10 -mph pace and average test run speed. The reasoning behind the foregoing investigations is that the majority of drivers travel at reasonably safe speed for the various roadway conditions encountered, and that these investigations help determine what may be reasonable speed limits. Prevailing vehicle speeds were measured during free -flow traffic conditions on Tuesday February 26, 2008 from 9:30 am to 1 1:30 am on a straight and open segment of the road where the current speed limit is posted at 45 mph. The following data was collected: 85th percentile speed — northbound = 41 mph 85th percentile speed — southbound = 43 mph 10 -mph pace - northbound = 31 mph — 41 mph 10 -mph pace - southbound = 32 mph — 42 mph Field test run speed = 40 mph ANALYSIS Unless safety issues exist along the roadway that are not readily apparent to the driver, a speed limit should not typically differ from the 85`h percentile speed or upper limit of the 10 -mph pace by more than 3 mph and it should not be less than 8 mph. The measured 85th percentile speed of 41 mph to 43 mph and the 10 -mph pace would support a 40 mph speed limit. The four horizontal curves along the length of the roadway, the various streets and/or driveway intersections, and the crosswalks /golf cart crossings further support that the existing speed limit be lowered to 40 mph. The passing sight distances on Northbrooke Drive are generally not adequate to support the established passing zones except between approximate M.P. 1.0 and M.P. 1.5. The 16B2 MUTCD requires that a minimum of 600 feet of passing sight distance be available when the posted speed limit is 40 mph. Between M.P. 1.0 and M.P. 1.5 there are four intersecting roadways with Northbrooke Drive. While the sight distance may meet the required minimum, the intersections cause a conflict with vehicles that desire to pass with vehicles turning on to and off of Northbrooke Drive. For consistent driver expectations, consideration should be given to restrict passing over the entire length of Northbrooke Drive. RECOMMENDATION 1. Based upon the speed investigation of the Northbrooke Drive and the various approaches onto the roadway, it is recommended that the current 45 mph speed limit on Northbrooke Drive from M.P. 0.4 to M.P. 2.0 be reduced to 40 mph. 2. It is recommended that two - direction no- passing pavement markings be installed over the entire length of the roadway. 3. The advance warning golf cart crossing signs be replaced with proper signage and the crosswalk pavement markings be remarked. F:ATrat7ic OperationsATraffic Studics\Speed I.imit StudieMorthbrooke DriveA2008 Northbrooke Dr - Immokalee to endAReportWUrthbrooke Drive Speed Zone Study 03 4)7 -0S.doc Y •} � v a � S, MEMORANDUM Date: June 4, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08 -5053: "Annual Maintenance Contract Goodlette Frank Road from Pine Ridge Road to Vanderbilt Beach Road" Contractor: Caribbean Lawn & Garden of SW Naples, Florida, Inc. Attached please find one copy of the above referenced document, as referenced above, (Agenda Item #16118) approved by the Board of County Commissioners on Tuesday, April 8, 2008. The Minutes & Records Department has retained the 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 -8406. Thank you. Attachments (1) • a 0 _.__ r _ _ MEMORANDUM TO: Ray Cater Risk Management Department FROM: Brenda Brilhart Purchasing Department DATE: April 30, 2008 ETA RE: Review of Insurance for Contract No. 08 -5053 Goodlette Frank Road from Pine Ridge Road to Vanderbilt Beach Road annual Maintenance Contract Contractor: Caribbean Lawn & Garden of SW Naples Florida, Inc. This Contract was approved by the BCC on April 8, 2008; Agenda Item 16.13.8 Please review the Bonds and 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 vo "TJ A 15B8 ITEM NO.:('. L h 1 DATE RECI +VrED:. I I FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 30, 2008 To: Robert Zachary //, n f Assistant County Attorney / From: Brenda Brilhart Purchasing Agent 239 -252 -8446 Re: Contract # 08 -5053 Goodlette Frank Road from Pine Ridge road to Vanderbilt Beach Road Annual Maintenance Contract Contractor: Caribbean Lawn & Garden of SW Naples Florida, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on April 8, 2008; Agenda Item 16.6.8 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 document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. s,t2 MEMORANDUM TO: Ray Cater Risk Management Department FROM: Brenda Brilhart Purchasing Department DATE: June 4. 2008 RE: Review of Insurance for Contract No. 08 -5053 Goodlette Frank Road from Pine Ridge Road to Vanderbilt Beach Road annual Maintenance Contract Contractor: Caribbean Lawn & Garden of SW Naples Florida, Inc. This Contract was approved by the BCC on April 8, 2008; Agenda Item 16.6.8 Please review the Bonds and 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 • t • ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 4, 2008 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239 - 252 -8446 Re: Contract # 08 -5053 Goodlette Frank Road from Pine Ridge road to Vanderbilt Beach Road Annual Maintenance Contract Contractor: Caribbean Lawn & Garden of SW Naples Florida, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on April 8, 2008; Agenda Item 16.13.8 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 document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. AGREEMENT For Bid # 08 -5053 Goodlette Frank Road from Pine Ridge Road to Vanderbilt Beach Road Annual Maintenance Contract THIS AGREEMENT is made and entered into this 8th day of April 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Caribbean Lawn & Garden of SW Naples Florida, Inc., authorized to do business in the State of Florida, whose business address is 3307 Desoto Boulevard, Naples, Florida 34117 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on upon Notice to Proceed and terminating in one (1) year, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed one (1) firm to be pre - qualified and awarded a Contract. Each awardee will enter into an Agreement to provide complete services for Goodlette Frank Road from Pine Ridge Road to Vanderbilt Beach Road Annual Maintenance Contract on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #08 -5053 and the Contractor's bid, which is incorporated by reference and made an integral part of this Agreement. 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges /fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non -bid items. 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 ". 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Caribbean Lawn & Garden of SW Naples Florida, Inc. P. O. Box 990866 Naples, Florida 34116 (239) 455 -7278 (239) 455 -7645 Page -1- • i i All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 774 -8371 Fax: 239 - 732 -0844 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 Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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 suc�i 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 and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for Page -2- convenience with a seven (7) 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 $2,000.000 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Co ntractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page -3- 169$ 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. Page -4- • li 0 17.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19.WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page -5- .- -- - -r- _ __ B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Purchase Order amendment shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 24.OWNER RESERVES THE RIGHT TO INSPECT THE WORK and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 26.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04 -3536, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 27. 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 -6- ■ 0 28. 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. 29.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.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. 30. 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. 31.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. 32. 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. 33. 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. 34.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. Page -7- 0 1 i 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. Caribbean Lawn & Y: First Witness C�z ack Ga;Ko Type/p-rj�n�WitrSa�ame S g nd Witnes Type /Print Witness Name ATTEST: Dwight E. Brack; Clerk , ®f pourts M Da Approved as to form and legal s Ro ert ary Assistant County Attorney of SW Naples Florida, Inc. Typed Signature Title BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, LORIDA By: Thomas Henning, Chairman Of Item # `4 Agenda (� �'l Date � n u Date (,Zg Recd 0 1 10 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE oaizz%2D a PRODUCER (600) 524 -7024 FAX (800)5Z4-4013 Automtic Data Processing Insurance Agency, Inc 1 ADP Boulevard Roseland, N] 07066 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC A INSURED CARIBBEAN LAN & GARDEN OF SW 3307 DESOTO BLVD SOUTH NAPLES, FL 34117 INSURER&' Twin City Fire Insurance Co 29459 INSURER B: AUTHORIZEDREPREVENTATIVE I y INSURER G: INSURER D: INSURER F,; $ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, INSR DD' TYPE Of INSURANCE POLICY NUMBBR PducuFFEWIVF. POLICY E%PIRATION LIMR9 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPREVENTATIVE I y GENERAL LIABILITY Rudy Pena SIGLER EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL IIABII.ITV CLAIMS MACE 7 OCCUR MED EXP (Any one pmeon) S PERSONAL S ADV INJURY S GENERAL AOGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY JET LOC - AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (EP ecddanp $ ., RODILYINJURY (Der pelean) $ ALL OWNED AUTOS SCHEDULED AUTOS BOUILY INJURY (Par aWW*nl) $ HIRED AUTOS NON OWNED AU709 PROPERTY DAMAGE IPoI eeGtlenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC S ANY AUTO $ AUTO ONLY, AGO EXCESWUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F-1 CLAIMS MADE S $ DEDUCTIBLE Is RETENTION $ WORKERS COMPENSATION AND 76WECTR4992 04/09/2006 04/09/ZO09 VYG STATU- OTH• E L. EACH ACCIDENT S 11000,00 EMPLOYERS' LIABILITY A ANY PROPRIETORMARTNER/EXECUTNE OFPICERIMEMRER EXCLUDED? E.L. DISEASE - EA EVIPWYEE1 $ 1,0 0,00 E.L. DISEASE - POLICY LIMIT 5 1,000,000 IlMya, dencdbPPndn' S'CAL PROVISIONS bvlow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Bid #085053 oodlette - Frank Rd Pine Ridge Rd to Vanderbuilt Beach Rd. ACORD 25 (2001/08) © ACORD CORPORATION 1958 SHOVLD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUMO INSURER WILL ENDEAVOR TO MAIL 10 UAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Collier County Ed_ of Commision BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 East Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPREVENTATIVE I y Naples, FL 34112 Rudy Pena SIGLER ACORD 25 (2001/08) © ACORD CORPORATION 1958 - 6`g; �ICORDi. CERTIFICATE vF LIABILITY INSURANCEe 048 G R048 04 -12 -- 2007 R3Ga[L�R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AUTOMATIC DATA PROCESSING INS AGCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250717 Pt (877)287 -1316 F1; 877)287 -1315 AL7ERETHEHCOVERAGECA FORDED BYTHE POLDICESTENDOR 308 FARMINGTON AVE FARMINGTON CT 06032 INSURERS AFFORDING COVERAGE v,s[xEG INSURER A: TWin City Fire Ins Co CARIBBEAN LAWN & GARDEN OF SW INSURER B: INSURER C: 3307 DESOTO BLVD S INSURER D: NAPLES FL 34117 INSURER D COVERAGES ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. uv fY��[M'fMA� Po[ /CY NLMRER Po[bY£fP£C7NE PoLICY EXPWA ibN GENERAL LMBARY LT/nS ! COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE RE DAMAGE MnY ona Ora) I CLAIMS MADE F1 OCCUR MEG EXP (Arty ow Poaonl $ PERSONAL 6 ADV INJURY 1 Gw1EAGGREOATEUMITAEBLESPER: I I I PiiP PRODUCTS CGMProP AGG 1 iOUCV LOC AMpN091LE IMBA ?V ANV AU O COMBINED SINGLE LIMIT 3 IT. acclEenp ALL ONMED AUTOS SCHEDULED AUTOS BODILY INJURY ! (Par paaml HIRED AUTOS NON OWNED AUTOS BODILY INJURY 3 (Pa, accldam) PROPERTY DAMAGE (PeI aWd GO 3 GARAGE V"I RY AUTO ONLY � EA ACCIDENT ! ANY AUTO OTHER THAN EA ACC 3 AU TO ONLY: ADD 1 EYC£SS UABLUTY EACH OCCURRENCE $ OCCUR CWM9 MADE nOGREOATE 1 1 DEDUCTIBLE f RETENTION 1 E/LSCDA/ENS/T/ONAAO X WC s11.1 OTH fmrl EMP[OVERY[MAA ?Y 76 WEG TR4992 m 04/09/07 04/09/08 F.L. EACH ACCIDENT 311 E.L. DISEASE - EA EMPLOYEE f EL DISEABE POLICY UMIi C1( 35( OlNfA LF77LW lM P°FRADgN$ADCITX[NSH£MCfE.VfXCE LALONS ADDED BV £MORSEMfM /SPECIAL PSG NSpNS )se usual to the Insured's Operations. LIER COUNTY CONTRACTOR LICENSING RD 0 Horseshoe Dr. N. 1es, FL 34104 D 25 -S (7/97) OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE °IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NOWPAYMENTI TO THE CERTIFICATE LOER NAMED TO THE LEFT. BUT FAILURE TO Do SO SHALL IMPOSE NO JGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 'RESENTATIVES, V ACORD CORPORATION 1988 - ,p -pvvv .•✓., iii ,�, I-JdO ruuvuul r -110 1,— x.;1 CERTIFICATE OF INSURANtL 1688 SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: r+uunca2UI-NAMLVINSURED: PO BOX 990866, NAPLES, FL 34116-6016 POLICY NUMBER 640 3292- D22 -59A 482 0752- F25 -59 EFFECTIVE DATE OF POLICY 10/22/07 - 04/22/00 12/25/07- 0025/00 DESCRIPTION OF VEHICLE pndudingVIN) FLEET (7 VEHICLES) ENOL LIABILITY COVERAGE YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident 2 MM CSL 2 MM CSL b. Property Damage Each Accident c. Bodily Injury 8 - Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO e. Com rehensive $ 500 Deductible $ Deductible $ Deductible $ Deductibh ® YES ❑ NO ❑ YES ❑ NO ❑YES ❑ ND ❑ YES ❑ NO b. Collision $ SDO Deductlble $ Deductible $ Deductible $ Deductible EMPLOYERS NON -0WN @p CAR LIABILITY COVERAGE ❑YES ® NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO HIRED COVERAGELwOILIry ❑ YES ®NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO FLEET - COVERAGE FOR ALL MOTOR VEHICLES ENSED ®//Y,,EIS ❑ No ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO /"o"l, (/ ✓'-` AGENT 2598 03/13/06 Signature of AUthOrZed Representative Title Agent's Code Number Date _ Name and Address of Certificate Holder Name and Address of Agent COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BRIAN A. G1AE5ER 3301 TAHIAMI TRL E 1385 RADIO RD SUITE 104A NAPLES, FLORIDA 34112 NAPLES, FL 34104 INTERNAL STATE FARM USE ONLY: W Rcquost permanent Comficate of insurance for Ilablllty coverage. 122429.2 Rev 05-10-2004 ® Request Certificate Holder lobe added as an AddMonel Insured. THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `- % n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE L � 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 fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inforn rtion needed. A the document is already complete with the ....mien of the Chairman's signature. draw a line through routine lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applica ble) Agenda Date Item was 2. Agenda Item Number , A rovedb the BCC 3. Type of Document 4. Number of Original Attached 5. Sue Filson, Executive Manager Board of County Commissioners 4 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. 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 13CC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item _1 Name of Primary Staff Robert Bosch Phone Number 252 -5843 Contact appropriate. (Initial) Applica ble) Agenda Date Item was yr Agenda Item Number , A rovedb the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 1, 2- �' Number of Original Attached L �" � Documents Attached 4 INSTRUCTIONS & CHECKLIST 1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04. Revised 1.26.05, Revised 2 24 .05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n Office and all other parties exce t the BCC Chairman and the Clerk to the Board t 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. ltd'* 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 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 ware of yo ur 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 County Attorney's Office has reviewed the changes, if applicable. l 1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04. Revised 1.26.05, Revised 2 24 .05 r MEMORANDUM Date: August 11, 2008 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Partial Release of Conservation Easement Project #60073, Davis Blvd. Per your request you will find enclosed two originals of the document referenced above (Agenda Item #16B10), adopted by the Board of County Commissioners on April 8, 2008. Please forward a copy back to the Minutes and Records Departments once all signatures are recieved. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures Permit: Tract: C -2 Cedar Hammock PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release of Conservation Easement ( "Partial Release ") is made this day of , 2008 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( "District') having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach, Florida 33416 -4680. WITNESSETH: WHEREAS, U.S. HOMES CORPORATION granted in favor of COLLIER COUNTY, with third party enforcement rights to the District, that certain Deed of Conservation Easement dated February 10, 1999 and recorded in Official Record Book 2605 at Page 705 et seq. of the Public Records of Collier County, Florida (hereinafter referred to as the "Conservation Easement') encumbering the real property described on Exhibit "A" attached hereto and made .a part hereof (hereinafter referred to as the "Original Premises "); and WHEREAS, the District has been requested to release a portion of the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Release Parcel'); and WHEREAS, the District is amenable to amending the conservation easement to release a portion of the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the District hereby partially releases the Conservation Easement to discharge, terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises "). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Partial Release of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises. IN WITNESS WHEREOF, the South Florida Water Management District has caused this Partial Release of Conservation Easement to be executed in its name and its official seal affixed hereto by , Chairperson, and attested by its District Clerk, this day of _ 2008. 16810 SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Chairperson (Corporate Seal) ATTEST: District Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008 by , Chairperson of the South Florida Water Management District, a public corporation of the State of Florida, on behalf of the corporation, who is personally known to me. AS TO OWNER: DATED: O [ ATTEST: DWIGHT E. BROCK, CLERK 'Deputy Clerk A Cekt �S iu �}iA 1. �A.�• 5 -t Approved as to form and I g ,sujfidency: — Ilen T. Chadwell Assistant County Attorney Notary Public Print My Commission Expires: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . Tom ennin , Chairman Ii EXHIBIT "A" DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (CONSERVATION AREAS) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: TRACT "Cl" AND TRACT "C2" CEDAR HAMMOCK, PLAT BOOK 32, PAGES 91 THROUGH 108, COLLIER COUNTY PUBLIC RECORDS. PARCEL SUBJECT TO EASEMENTS, OF -WAY OF RECORD. 1 DESCRIPTION PREPARED O L 20, 1949 RESERVATIONS AND RIGHTS- 1681® EXHIBIT k FEE SIMPLE PARCEL 101FEE INTEREST That portion of Tract C -2, Cedar Hammock, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 32, Page 91, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northwest 1/4 of said Section 3; thence along the east line of said northwest 1/4, South 00 005156" West a distance of 146.18 feet to the southerly existing right of way line of State Road 84 [Davis Blvd. (per Section 03506- 2601)] for a POINT OF BEGINNING; thence continue along said east line South 00 005'56" West a distance of 24.14 feet to the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence leaving said east line the arc of said curve to the left a distance of 2,237.82 feet through a central angle of 45 057'34" with a chord bearing South 54 024'17" West to said southerly existing right of way line and to the end of said curve and the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence along said southerly existing right of way line the arc of said curve to the right a distance of 1,942.97 feet through a central angle of 39 054'15" with a chord bearing North 50 146'24" East to the end of said curve and to the beginning of a curve concave southeasterly and having a radius of 3,224.04 feet; thence continue along said southerly existing right of way line the arc of said curve to the right a distance of 309.35 feet through a central angle of 05029'51" with a chord bearing North 73 027'57" East to the end of said curve and to the POINT OF BEGINNING. Containing 25,390 square feet. 0 TRACT C -2 �Q CEDAR HAMMOCK PLAT BOOK 32 PAGE 91 FEE SIMPLE INTEREST 16810 EXHIBIT Page..-L of 2 Title: PARCEL 101FEE Date: 01 -11 -2008 Scale: 1 inch = 400 feet File: Davis 101FEE.des Tract 1: 0.583 Acres: 2539OSq Feet: Closure = s57.5250w 0.01 Feet: Precision = 11463199: Perimeter = 4514 Feet 001= s00.0556w 24.14 003; ¢— Rttt,,BR=2799.79, Dell = 39.5415 002: LI R= 2789.79, IR11a=45.5734 OOi: Rt. R= 3224.04, DeIW -052951 Bng= sj4.2417w Bns=n73.2757e 16810, Co -r County TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: September 9, 2009 FROM: Robert Bosch, ROW Coordinator — TECM (Tel. 252 -5843 � SUBJECT: Partial Release of Conservation Easements: Davis Blvd. Project No. 60073 Attached are original, fully executed Partial Release of Conservation Easement documents, the one for Parcel l01FEE, and the other for Parcel 105FEE on this project. (Refer to Exhibit B attached to each document for the relevant project parcel number.) Please arrange for the Clerk of Courts to record these documents in the Public Records of Collier County. Project No: 60073 Fund / Cost Center: 336 - 163656 Object Code: 649030 Thank you. - I M-O! Permit: Tract: C -2 Cedar Hammock PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release of Conservation Easement ( "Partial Release ") is made this 1 �> day of + 20(4 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( "Dis rict") having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach, Florida 33416 -4680. WITNESSETH: WHEREAS, U.S. HOMES CORPORATION granted in favor of COLLIER COUNTY, with third party enforcement rights to the District, that certain Deed of Conservation Easement dated February 10, 1999 and recorded in Official Record Book 2605 at Page 705 et seq. of the Public Records of Collier County, Florida (hereinafter referred to as the "Conservation Easement ") encumbering the real property described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Original Premises "); and WHEREAS, the District has been requested to release a portion of the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Release Parcel'); and WHEREAS, the District is amenable to amending the conservation easement to release a portion of the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the District hereby partially releases the Conservation Easement to discharge, terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises "). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Partial Release of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises. IN WITNESS WHEREOF, the South Florida Water Management District has caused this Partial Release of Conservation Easement to be executed in its name and its official seal affixed hereto by , Chairperson, and attested by its District Clerk, this day of 12008. (Corporate ATTEST: District Clerk �% -- •moo.... -- ti EAL , �yd� barlshed STATE OF FLO A COUNTY OF P?t- 1fin C C)J---- 16B 10 SOUTH FLO DA WATER MANAGEMENT DISTRICT By: Cha p son The. foregoing t ment was knowledged before me this 1 day of ,�y 40 , Chairperson of the South Florida Water Water District, a public corporation of the State of Florida, on behalf of the corporation, who is personally known to me. �a%,uulall /,, a- ��\ ..i: b0/ ��`5� ,•E5 .•.6O�r /iys Q,-Ntary Public N Print _ =� o : My Commissio Expires: U� ` 1 6 : O' �A J0 % AS TO OWNER: BOARD OF COUNTY COMMISSIONERS DATED: of of ATTEST: DWIGHT E. BROCK, CLERK ;. Deputy Clerk Approved' s to form and legal sufficiency: Ilen T. Chadwell Assistant County Attorney COLLIER COUNTY, FLORIDA By: Tom ennin , Chairman EXHIBIT "A" DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (CONSERVATION AREAS) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: TRACT ' "CI" AND TRACT "C2" CEDAR HAMMOCK, PLAT BOOK 32, PAGES 91 THROUGH -108, COLLIER COUNTY PUBLIC RECORDS. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS - OF -WAY OF RECORD. co DESCRIPTION PREPARED 20, 1999 S:U69S112xx%126W 283 - Exhibit A. w - - t - - 16B 10 EMBIT k Pqp-i� =Of, FEE SIMPLE PARCEL 101FEE INTEREST That portion of Tract C -2, Cedar Hammock, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 32, Page 91, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northwest 1/4 of said Section 3; thence along the east line of said northwest 1/4, South 00 005'56" West a distance of 146.18 feet to the southerly existing right of way line of State Road 84 [Davis Blvd. (per Section 03506 - 2601)] for a POINT OF BEGINNING; thence continue along said east line South 00 005'56" West a distance of 24.14 feet to the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence leaving said east line the arc of said curve to the left a distance of 2,237.82 feet through a central angle of 45 057'34" with a chord bearing South 54 024'17" West to said southerly existing right of way line and to the end of said curve and the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence along said southerly existing right of way line the arc of said curve to the right a distance of 1,942.97 feet through a central angle of 39 054115" with a chord bearing North 50 046124" East to the end of said curve and to the beginning of a curve concave southeasterly and having a radius of 3,224.04 feet; thence continue along said southerly existing right of way line the arc of said curve to the right a distance of 309.35 feet through a central angle of 05029'51" with a chord bearing North 73 027'57" East to the end of said curve and to the POINT OF BEGINNING. Containing 25,390 square feet. 0 �Zs� TRACT C -2 QQ' CEDAR HAMMOCK PLAT BOOK 32 PAGE 91 FEE SIMPLE INTEREST EXHf81T R 0 2 Title: PARCEL 101FEE Date: 01 -11 -2008 Scale: 1 inch = 400 feet File: Davis 101FEE.des Tract 1: 0.583 Acres: 253901 Sq Feet: Closure = s57.5250w 0.01 Feet: Precision = 1/463199: Perimeter = 4514 Feet 001— s00.0556w 24.14 003: Rt, R= 2789.79, Delta= 39.5415 Bn .=- 00.4624c Lt 002: , R= 2789.79, Delta--45.5734 004; M, R= 3224.04, Delta--05.2951 Bng= s54.2417w Bng--n73.2757e 1681p Permit: Tract: C -1 Market Center PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release of Conservation Easement ( "Partial Release ") is made this day of + 9 , 2000 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( "Dis ict ") having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach, Florida 33416 -4680. WITNESSETH: WHEREAS, RANDALL BENDERSON AND DAVID H. BALDAUF, as Trustees under Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust, as tenants in common with an undivided 85% interest, and WR -I Associates, Ltd., a Florida limited partnership, as tenants in common with an undivided 15% interest, granted in favor of the District, that certain Deed of Conservation Easement dated April 19, 2003 and recorded in Official Record Book 3270 at Page 1801 et seq., as amended by Affidavit dated July 16, 2003 recorded in Official Record Book 3348 at Page 796 et seq., all of the Public Records of Collier County, Florida (hereinafter referred to as the "Conservation Easement ") encumbering the real property described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Original Premises "); and WHEREAS, the District has been requested to release a portion of the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Release Parcel'); and WHEREAS, the District is amenable to amending the conservation easement to release a portion of the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the District hereby partially releases the Conservation Easement to discharge, terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises "). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Partial Release of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises. IN WITNESS WHEREOF, the South Florida Water Management District has caused this Partial Release of Conservation Easement to be executed in its name and its official seal affixed hereto by C,jC- IS sk e- irha(NA , Chairperson, and attested by its District Clerk, this FS day of — —� I- 200,91 1 oiietti�ohlgltli FLOAi A (Corporate Sear ATTEST: r,/O^N•ii,�i� *`�. MA District Clerk SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Chai son STATE OF FLC ff A, ' COUNTY OF t'C A ---� � 14 1� The foregoing instrume t was nowle ed before me this day of to \ - y �1f �L ,� , airperson of the South Florida Wa r Managem�rff`Dis rii ct, a public) corp o on of the State of Florida, on behalf of the corpora 0,11%ftimersonally known to me. ASS � / ary P`ublliicc�� a:w�. 1 Print Joo� �'''�,, *• woTf.5 v PA�,�� My Commission Expires: 9110 °t►+a, %0� AS TO OWNER: DATED: ' F 6 i ATTEST: DWIGHT E. BROCK, CLERK t Depwty,Clerk Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Tom Henning, Chairman r C T RAN2XRCPt+o4AT1oa+- :- ,- w.uo.a LEGAL. DESCR(PT(ON (87' SURVEYOR ALL THAT CERTAIN KCE. PAACCL OR TRACT OF LANG SITUATE. LYR+G AND BENG IN SECTION 3. TOWN¢41` 50 SOUTH, RANGE 29 EAST, COWER COUNTY FLORIDA SAID LAHO ALSO BEING A PORTICH OF 124MM CANE UNIT 1. AS RECOAOEO IN PUT BOOK 7, PACE .NC A PORWIN OF CATOR GATE UNIT 2, AS RECORDED W RAT BOOT 7. PAGE 54. COL COUNTY PUBLIC RECORDS. BEND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO 'ALT. COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SAIO SECTION 3. TOTMSKP 50 SOUTH. RANGE 29 EAST_ THENCE. 81AAING SOUTH 00'50'32' WEST, ALONG THE EAST LINE CF 'HE NORTHEAST 1:4 OF SAID SECTION 3, A DISTANCE CF 95102 MT TO A POINT, THENCE, BEARwC OrTN 69'09'28' WEST. A DISTANCE OF 10000 FEET TO T4E POINT ON THE WEST[RLY RIGHNT OF MAY UNE OF CCU" BOULEVARD ( COUNTY ROAD Hk 951) 4 iA' FOOT AIDE RIGHT OF WAY, AS SHORN ON FLORIDA OEPARTUCNT OF TA M"TATION R:CHT OF WAY MAP SECTIOH NI. 03175 -2409, DATED MAY 1978; THENCE. LEAV 4C SAID RIC3111' OF MAY I.K. BEARING NORTH 69'42'32' MST, A DISTANCE OF 126.91 FEET TO THE POINT UP BE0INNNC OF THE HEROIN OESCRIBEO PARCCL. THENCE, BCARINC SOUTH 34'31'24" WEST. A DISTANCE OF 98.26 FEET TO A POWT, THENCE, FEARING SOUTH 81'30 "16' NEST, A DISTANCE OF 19.42 FEET TO A POINT: THENCE, BCARNC SOUTH 88'01'29' WEST, A DISTANCE Or 131.41 FEET TO A PAINT; THENCE. GEARING SOUTH 54'02'14' NEST, A DISTANCE Or 6894 FEET TO A POINT. THENCE. BCARRiG NOIRM 89'18'09' WEST. A DISTANCE OF 149.30 FEET TO A PONT; THENCE. BEARING SOUTH 58"'14' NEST, A DISTANCE OF 131.08 FEET TO A POINT: SAID POINT KONG THE KG *fW OF A NON- TANCENT CURVE CONCAVE SOUTHERLY. AND NAVINC A RADIUS OF 330.00 FECT, A CNORO LENCTN OF 56.43 FEET BEARING SOUTH 671091- WEST, THRNOUGH WESTERLY CENTRAL ANGLE OF 093 7: F t0 A ALONG THE ARC POINT OF NON- TFANCCKC'. THENCE. KA K NORTH 09'29'54' REST, A DISTANCE OF 14.00 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A NON- TANCENT CURVE CONCAVE SOUTHEASTERLY, AND HAA% A R 'CW'FCE':F.IlCRCRO LENGTH OF 109.54 FEET KARNC SOUTH 7 W. THENCE S dLL1ST OF 1 0 ALONG THE ARC OF SAID CURYE THRO' CE , T OF' NON- TANCENCN SOUTH 20'00,8' CAST, A .00 FELT TO A POINT; A KING THE BECAIIRNC OF A NON -T CONCAVE 30UTICASTERLY, AN NO A RAOL1 OF 330.00 FELT, A CHORD TH OF 7.23 TEST BEARRNO cOU 3. TH TNWCSVM TANCE OF .73 FEET G PH ARC OF SAID CURVE M CH AL ANGLE T A POINT QN -T ENCY. ONCE. BEA111NC 1N 8" WEST, A TSTAKE or 3 0.10 Y TO A POINT; G 'J6' 3 FEE TO A POINT: E N C , BE 5 M eS A AN . 3 FEET TO A POINT; EN BE TN 611313 S CE 35 6 FEET TO A POINT; E BE I G IN 44 '1 T. A DISTA CE •4 6 E TO A POINT, 1 AI BEING VE LY. ARC HAVING RADIUS OF 260.00 FEET, A CNIORD TN OF I 66 FE C NORTH 22'16'49' WEST, ENCE, NORTHERLY A DISTANCE OF 2O FEET A SAID CURVE THROUGH CNTRAL ANGLE OF 45'09'30'. TO A.0 E E. BEARING NORTH 0017'58' [AS . A OF 12T'g2 ET TO A PONT. BEARING SOUTH 89'4x47' EAST, A 01 �0! FEET TO A POINT. NC /� RING SOUTH 00'1813' NEST, A COSTA FEET TO A POINT; IN 89141'47- CAST. A £ .00 FCET TO A PONT: SAID KIN CT�k'1OE NORTHK[STERLY, AND HAYB4G A R►dUS 6 Et10R6(t fk.AF I PC ET BEARING NORTH 451011- E4SY, THE AN 1 T ALONG ME ARC OF SAID CURVE THROUGH A CENTRAL It OO- of}:...T:b -A' T: THENCE. KARNG NINTH 001893' CAST. A DISTANCE OF $13.60 FEET TO A PCYNT: SAq POINT BUNG THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, AND HAW#G A RADIUS OF 64.00 FEET, A CHORD LENGTH OF 90.31 FEET BEARING NCRTM 44'41'47' *EST. NORTHERLY A DISTANCE OF IOO.S3 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF' 90'00'00', TO A POINT; THENCE. BEARNG NORTH 89'41'47' WEST, 4 DISTANCE OF 56 00 FEET TO A PC-N?. THENCE. BEARING NORTH 001413' LAST, A DISTANCE Or 64.63 FEET TO A PENT; THENCE. BEARING NORTH 091016' KS F. A DISTANCE OF 3 &27 FEET TO A POINT: THENCE. BEAROCO NINTH 30'39'37' NEST, A OTSTANCE Or 195.15 FEET TO A POINT ON THE SOUTH RIGHT OF RAY LINE OF DAMS BOULEVARD; THENCE. BEARO4C SOUTH 891217' EAST, ALONG SAIO SOUTH AIGM1 OF WAY LIME, A DISTANCE OF 039.59 FEET TO A POINT; THENCE, LEAVING SAq MCHT OF why LINE. BEARING SOUTH 00'20'59' WEST, A CISTANCE OF 899.86 FEET TO A POINT; THENCE. REA*INO SOUTH 49'42 32' CAST, A C'STANCE Or 786 15 FEET TO THE POINT CIF BEGINNING; THE ABOVE OC$MDC'0 -KE SES CONTAIN 697,556! SOVARE FCET OR 20605 ACRES, MORE OR LOSS. SUBJECT TO ALL EASEMENTS. RESTRICTIONS AND COHCHTONS AS CONTAINED MMN THE CHAIN OF TALE. N4 AW INMTlC a n� i Fime awctr• w wnwn l AN" aW I t BKE'TGE OF P'ROPL)B® N7 i .AG � i : $ i ; Wit it x ill T d A CCNNWATM ame4 N[ 1 K 8 a WAL-MWr WARC04M s '} 9rcm K"m 055-M Wm NMII.ESG CCLUER COILIM. F LORDA ., (� =NAh[7(tt1V A1hAT�C0111_t_7_7/_.7.AR Pam o- '10 .mIm m I} Mt If A Or[ 1111 d LM4 KSOWIb N OKr. NOT A W^WJr* OCNAMAMt U&W'.. » oyA��q�r l�+o'�.t1A"� u�ARr a. too .io7cc"NicahvM01� "O » " iw'aA"' .rt br"ta?51 ct"+Si ru'�'R�"ac7liN•oE ici ccc jowz l out"" 0+ ti°w�a°b1e't' .tst..t Ii IK K" a Ra PANIO VAr MAW UW My"' 0 OAK M7*M WN MO:EOLL GRAPHIC SCALE too 4 ( IN FEET ) I Inch R 200It- QATOR QATE FLAT ROOKY PAQE t I 11-0 or A O O tR p Cr l a AMEW1T101t1 ' K t o.w «N.t w ola.t ttco�.1 wt •'t o Of TN LAT I _ n• �l { ! Mt I•NIV.eM f fRl.. �� ,� u.NIN .111• � r IAIY u S po)1'17'll� W.R. Mh11T Nr• , t'al N011rut to .Y ti RR �O c1 . rtr N yaQ c a WNW pp 1000.00' 1.IL'pr llSq' fNt.00- Npp +t'172 r.AL.00' L I "L}!' ll 100!1. dwlp.Si' p,N,ylt.,7.� CN .N SI' 4 co C A1 �d iJ A .ori ,stAyl z it ! V it 'w �r 1 i 11-0 or A O O tR p Cr l a ii' ' K t •'t FIOT A PAR Of TN LAT I _ n• �l 3 a hM I R wtT r0 II {'r A yaQ c ~�s L I a 4 st r� l m �i. ,stAyl z � ! V it 'w �r 3t P.O. B. v Q t4.!� ataal Z y ar♦ COLLIER BOULEVARO (CR Na. 2311 IYAftty VtrrR lIRRt If YAT1 M w y a ' P.O.0 . 104, N tRX rKl tit « {tt•r. A �._f -• N Tw..wt � r.r. 3 a hM I R wtT r0 II ,rO>alCP THE r„OPOM Wit a fin » t OOfIERVATgq EA11ottW t ir^ ' Y i » WAL-A"WMPEPICZMB1 NAr' JW COLLM COtMy FLOMA i nova 16BIO R V � s R EXHIBIT Page_ I l falls _. R jigs r V r sip fill I HIT f M wxoww iwt�ltoou��X��lorr � 6810 a 1111 T11 a� • EX F j B rr Page of a a w0 �r 7 ��s O I yA 7 i.< .y wa r . p s • tea � a pq I DAVIS BOULEVARD (SR No. 1141 ! -- -- _ -- .vq3Lsj viers asset of w"41 G �a �;7 I,�� i ri a r • •a Or 00 v • A N Ir E BIT FEE SIMPLE PARCEL 105FEE INTEREST That portion of Tract C -1, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner lying on the survey base line o thence along said survey base 1 Section 3, North 89 043'23" West thence leaving said survey base 00 028'45" West a distance of 50. right of way line of said State for a POINT OF BEGINNING; thence Market Center, South 00 128'45" W thence leaving said east line No 609.45 feet to the easterly line said plat); thence along said ea a distance of 58.31 feet to said line; thence leaving said easter existing right of way line South 639.63 feet to the POINT OF BEGI of said Section 3, said point of Containing 31,227 square feet. State Road 84 (Davis Blvd.); ne and the north line of said a distance of 1,119.07 feet; line and said north line South 00 feet to the south existing Road 84 (per Section 03506 -2601) along the east line of said est a distance of 50.00 feet; rth 89 043123" West a distance of of Lot 3, Market Center (per sterly line North 30 041'22" West south existing right of way ly line run along said south 89 043'23" East a distance of NNING. FEE SIMPLE INTEREST DAVIS BOULEVARD TRACT C -1 MARKET CENTER I Title: PARCEL 105FEE EXHIBIT x'16 R 10 Page a or? Date: 01 -11 -2008 Scale: 1 inch= 100 feet I File: Davis 105FEE.des Tract 1: 0.717 Acres: 31227 Sq Feet: Closure = n56.0500w 0.00 Feet: Precision >1/999999: Perimeter = 1357 Feet 001= s00.2845w 50.00 003= n30.4122w 58.31 002= n89.4323w 609.45 004= s89.4323e 639.63 #16BIl THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 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 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 reviled. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 through #4. complete the cherklicf . and forward m q— Pik— n��F ast Route to Addressee(s) (List in routing order) Office Initials 252 -6064 Contact Laurie Beard (Initial) 252 -5782 2. — Agenda Item Number 16 B 13 3. Ellen Chadwell, Asst. CA Office of County Attorney ic 4. -I First Amendment to Developer Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. Normally the pri mary 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 Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida or Phone Number 252 -6064 Contact Laurie Beard (Initial) 252 -5782 Agenda Date Item was 4/08/08 / 1 \ Agenda Item Number 16 B 13 Approved b the BCC ( C /'" ,( ' ('t� 1 Type of Document First Amendment to Developer Agreement Number of Original I Attached Mystique Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms / County Forms/ BCC. Forms / Original Document,, Routing Slip W WS Original 9.03.04. Revisal I '0.05, Revised 2.24 .05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 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 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. :F 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 BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on- (enter date) and all changes made during the meeting have been incorporat d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms / County Forms/ BCC. Forms / Original Document,, Routing Slip W WS Original 9.03.04. Revisal I '0.05, Revised 2.24 .05 16B13 FIRST AMENDMENT TO DEVELOPER AGREEMENT MYSTIQUE THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT Mystique ( "First Amendment "), is made and entered into this day of March, 2008 (the "First Amendment Effective Date "), by and between Waterways Joint Venture VII (hereinafter referred to as "Developer "), whose address is 15013 Summit Place Circle, Naples, FL 34119, and Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "County "). 0 WHEREAS, under the DCA, the County is responsible to the Developer for the Excess Mitigation Obligation; m WHEREAS, the exact amount necessary to satisfy the Excess Mitigation Obligation is F o mot presently ascertainable; and C S^ M d F.l Y M 5 V 1-4 M Page I of 4 � RECITALS: m = WHEREAS, Developer and County entered into the Developer Agreement dated February 20, 2007, recorded in Official Records Book 4187, Pages 2310 -2324, in the Official Records of Collier County, Florida ( "DCA "); and e, m WHEREAS, capitalized terms not otherwise defined herein shall have the meaning " ascribed to them in the DCA; and o WHEREAS, the DCA anticipated the acquisition of the Pond Parcel by the County; and WHEREAS, the DCA provided the County with an option to acquire an additional three acre portion of the Development adjacent to the Pond Parcel (the "Additional Pond Parcel "), c7 w S i subject to certain requirements as set forth in the DCA; and 0 Mom WHEREAS, in order to satisfy the requirements of the FDOT, the County has deemed it appropriate to exercise the Option to acquire the Additional Pond Parcel; and o WHEREAS, the Developer is entitled to terminate the DCA if the acquisition of the Pond o Parcel were determined to significantly impact the Developer's ability to develop the remaining c1° land (the "Remaining Land ") consistent with the conceptual development plan shown on Exhibit ° Y A "B" of the DCA (the "Conceptual Plan") because of permitting restrictions resulting from the conveyance of the Pond Parcel; and o° .o o WHEREAS, it appears that the Developer's ability to develop the remaining land as a o aforesaid would be negatively impacted unless, among other things, it agrees to incur mitigation expense in excess of that which it would have incurred but for the conveyance of the Pond Parcel (the "Excess Mitigation Obligation "); 0 WHEREAS, under the DCA, the County is responsible to the Developer for the Excess Mitigation Obligation; m WHEREAS, the exact amount necessary to satisfy the Excess Mitigation Obligation is F o mot presently ascertainable; and C S^ M d F.l Y M 5 V 1-4 M Page I of 4 � 16B13 WHEREAS, the impact upon the Conceptual Plan as a result of the conveyance of the Pond Parcel is not presently ascertainable; and WHEREAS, the County and the Developer believe it is in their mutual best interests to modify the DCA so as to identify the exposure of the County as to the Excess Mitigation Obligation so that acquisition by the County of the Pond Parcel and the Additional Pond Parcel can proceed without delay and without impact upon the commencement of construction of the Davis Road widening; and WHEREAS, after reasoned consideration by the Board of County Commissioners (the "Board ") as the governing body of the County, the Board finds that the terms and conditions set forth below are consistent with both the public interest and with the County's Comprehensive Plan and other regulations pertaining to development. LA—) WITNESSETH: CL. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and 0o valuable consideration exchanged amongst the parties, and in consideration of the covenants er contained herein, the parties agree as follows: M cN 1. All of the above RECITALS are true and correct and are hereby expressly p incorporated herein by reference as if set forth fully below. 2. Paragraph 2 of the DCA is amended by changing the date for conveyance of the Pond Parcel by the Developer to the County from on or before December 15, 2007 to on or before June 15, 2008. In connection with the foregoing, the County acknowledges that it has waived its right to elect not to acquire the Pond Parcel, provided Developer can convey title free of liens, encumbrances and reservations. 3. Paragraph 7 of the DCA is amended by changing the date for conveyance of the easement described therein from on or before December 15, 2007 to on or before June 15, 2008. Paragraph 13 of the DCA is amended by adding the following paragraph thereto. "The Developer hereby waives its right to terminate this Agreement in consideration of the agreement of the County to pay to the Developer the Excess Mitigation Costs (as hereinafter defined). For the purposes hereof, the Excess Mitigation Costs shall be the actual amount expended by the Developer in connection with the satisfaction by the Developer of the Excess Mitigation Obligation, provided that in no event shall the amount payable by the County on account of the Excess Mitigation Obligation exceed Five Hundred Thousand Dollars ($500,000.00). At such time as the Excess Mitigation Costs are finally ascertained by the Developer, the Developer shall provide the County with notice of same (the "Excess Mitigation Cost Notice "), which Excess Mitigation Notice shall include a detailed breakdown of each and every component of the Excess Mitigation Cost. Upon receipt of the Excess Mitigation Cost Notice, the County shall have the right verify the accuracy of same, and unless the County notifies the Developer that it disputes the amount of the Excess Mitigation Costs within fifteen Page 2 of 4 16813 (15) days after receipt of the Excess Mitigation Cost Notice, it shall be conclusively presumed that the County agrees to the amount of the Excess Mitigation Costs as set forth in the Excess Mitigation Cost Notice. Any dispute between the County and the Developer as to the Excess Mitigation Cost shall be resolved in the manner provided as part of paragraph 20 of the DCA. The County shall have the obligation to pay the amount of the Excess Mitigation Costs to the Developer within thirty (30) days after the date that same is determined final pursuant to the terms hereof." 5. Except as modified by this First Amendment, the DCA remains in full force and effect. If there is a conflict between the terms of the First Amendment and the DCA, the terms of the First Amendment shall prevail. 6. The Developer shall execute this First Amendment prior to it being submitted for cu approval by the Board of County Commissioners. This First Amendment shall be recorded by the County in the Official Records of Collier County, Florida, expeditiously so that the County will have entered into this First Amendment and it shall be been recorded prior to the Closing Date. The Developer shall pay all costs of recording this First Amendment. A copy of the recorded First Amendment will be provided to the Developer upon request. M b 04 CD (Signatures Appear Next Page) Page 3 of 4 M LX-) LX-) w M C34 C> 16613 IN WITNESS WHEREOF, the Developer and the County hereto have caused this First Amendment to be executed by their appropriate officials, as of the First Amendment Effective Date. .;EP D d A „•C DWIiST gRjC; Clerk M1• Attest es” "tif c4girmAputy siynatqure; ank++' AS TO DEVELOPER: Print N;7: ,i WINE MR Print Name: STATE OF FLQ DA COUNTY OF �r0W J _ Waterways Joint Venture VII By: Waterways at Hibiscus, Ltd., as Partner and by Waterways Development, Inc., as sole General Partner I� Richard Davnport, as President Waterways Development, Inc. The foregoing instrument was acknowledged before me this a$ day of 2008 by Richard Davenport, as President of Waterways Development, Inc., as General Partner of Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) r as lega/l sufficiency: Chief Assistant Co t y Name: (Type or P My Commission pep IhsParsonsoFionda Of�ry° t p rey U3r2gi date of 916 Page 4 of 4 ORI OIACCOMPANY ALL ORIG NALKDOCUMENTT SENT TO 6B13 6 B 13 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 rxreotinn of the Chairman's sienaume. draw a line through routine lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date i. appropriate. (Initial) A plicable) 2. 4/8/08 Agenda Item Number 16 B 13 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ellen Chadwell, Asst. Co. Atty. Office of County Attorney Number of Original 6 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records S ;,ee Clerk of Cou s Qffice L� -(-e. ej &7,(" PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Rebecca Harding �.- -!L�) Phone Number 252 -5805 Contact appropriate. (Initial) A plicable) Agenda Date Item was 4/8/08 Agenda Item Number 16 B 13 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Easement Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I F( _00 /JP-r t2 Poo Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) A plicable) 1. 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 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 GW� G 1 The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever 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 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! 6. The document was approved by the BCC on_ C _(enter date) and all changes ' made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chap es, if applicable. I F( _00 /JP-r t2 Poo 16013 MEMORANDUM Date: April 11, 2008 To: Rebecca Harding TECM /ROW From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement Attached please find one (1) copy of the document, as referenced above, (Agenda Item #161313), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please contact me at 252 -8411. Thank you. Agenda Item #16133 Easement Agreement Page 1 of 3 Ann P. Jennejohn From: Patricia L. Morgan Sent: Monday, May 12, 2008 10:49 AM To: Armstrong, Debbie; HardingRebecca; Ann P. Jennejohn Subject: RE: Agenda Item #16813 Easement Agreement from the BCC Meeting of 4/8/08 Thank you Debbie. Let me know if you need any copies or other documents to review.... Thanks, Trish From: armstrong_d [ mailto: DebbieArmstrong @colliergov.net] Sent: Monday, May 12, 2008 10:44 AM To: Patricia L. Morgan; HardingRebecca; Ann P. Jennejohn Subject: RE: Agenda Item #16813 Easement Agreement from the BCC Meeting of 4/8/08 Thank you; we will work it out. From: Patricia L. Morgan [mailto:patricia.morgan @collierclerk.com] Sent: Monday, May 12, 2008 10:29 AM To: HardingRebecca; Ann P. Jennejohn Cc: armstrong_d Subject: Agenda Item #16613 Easement Agreement from the BCC Meeting of 4/8/08 Good Morning Rebecca and Debbie, The Easement Agreement that was submitted to be recorded as Item #161313 from the Board of County Commissioner meeting of April 8, 2008 has arrived back from the Recording Department. Debbie, as you know, since this was an official document for a BCC approved item, the original needs to remain in our records as it has been submitted to our office for attesting and filing. The Recording Department can assist you if you need to re- record a document. The original document can be re- recorded with any corrections as noted on the side, but it must be changed on the original (not a certified copy), here or at the Recording desk, and then taken directly to Recording (if not already there) as it cannot leave the Clerk's Office. We received the Easement Agreement and the Joinder and Consent for Item #16813. It has been made a part of the BCC official record and because it had been submitted for filing, we cannot release it. The only documents that we can release are the ones that need additional signatures from an outside agency or need to be sent directly to a state department and then hopefully those are returned back to us from the staff. Please let me know if you have any additional questions. We will have the originals ready for any changes that you need to make, but it must remain within our offices. I have also spoken to a Recording Supervisor regarding the re- recording of this document and she understands the issue. They will assist you with anything that you need to have this item re- recorded. I am sorry for any inconvenience that this has caused, but hopefully it can all be corrected in the next few days. Thank you, Trish Morgan, BMR Manager Clerk to the BCC and VAB 6/4/2008 Agenda Item #16B3 Easement Agreement Page 2 of 3 From: HardingRebecca [ mailto :RebeccaHarding @colliergov.net] Sent: Monday, May 12, 2008 9:49 AM To: Ann P. Jennejohn Cc: Patricia L. Morgan Subject: FW: Agenda Item #16133 Easement Agreement Ann: I would like to come over sometime today and pick up the original Easement Agreement (Item 161313). 1 also will need from Recording the original Joinder and Consent document (OR 4353 PG 0436). That item was supposed to be returned to me, but thus far, I have not received it. Would it be possible for someone over there to locate the Joinder and Consent for me as well? That way, I can pick them both up at the same time. Thank you, Rebecca From: HardingRebecca Sent: Friday, May 02, 2008 11:21 AM To: 'Ann P. Jennejohn' Subject: RE: Agenda Item #16133 Easement Agreement Ann: I need Item 161313 (not 16133) and will need the original document. The seller's attorney has requested that I send it to them because they want to do a corrective re- recording with the Joinder and Consent. Let me know if there is a problem with this request. Thanks, Rebecca From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, May 02, 2008 10:56 AM To: HardingRebecca Cc: Patricia L. Morgan Subject: Agenda Item #16133 Easement Agreement Hi Rebecca, Your Easement Agreement (Agenda Item #16B3 April 8, 2008 BCC Mtg) is back from the Recoding Department if you'd like to stop by our office we'll have a copy ready for you. Thank you, 6/4/2008 Agenda Item #16133 Easement Agreement Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.Jenne john@collierclerk.com) 6/4/2008 Page 3 of 3 JOINDER AND CONSENT (the "Consent ") bmo� BankUnited, F.S.B. (the "Mortgagee ") is the owner and holder of that certain Mortgage and Security - Agreement recorded on July 3, 2006, in Official Records Book4065 at Page 1091, of the Public Records of r o Collier County, Florida, securing the original principal sum of Five Million Three Hundred Ninety Thousand o �' Two Hundred Fifty Dollars ($5,390,250.00); (it) that certain Assignment of Leases, Rents and Profits o K recorded in Official Records Book 4065 at Page 1104, of the Public Records ofCollier County, Florida (the "Assignment "); and (iii) that certain UCC -1 Financing Statement recorded in Official Records Book 4065 at Page 1 110, of the Public Records of Collier County, Florida (the "Financing Statement'). Hereinafter, the Mortgage, the Assignment and the Financing Statement are collectively referred to as the "Securing Instruments "). The Securing Instruments encumber all or a portion of the Subject Property encumbered by that ° o certain Easement Agreement (the "Easement Agreement") recorded herewith; NOW, THEREFORE, in consideration of Ten Dollars ($10.00) m and other good and valuable consideration received, the Mortgagee hereby consents to the recording of the Easement Agreement in the Public Records of Collier County, Florida and hereby agrees that the lien and operation of the Securing .ate Instruments shall be subject to and inferior to the Easement Agreement. Other than consent to the recording s cs of the Easement Agreement and subordination of the Securing Instruments to the Easement Agreement, this ° Consent shall not be construed as a limitation on the operation or effect of the Securing Instruments nor the m consent of Mortgagee to any action which may be taken any party under the Easement Agreement if such , action otherwise would require the approval of the Mortgagee pursuant to the Securing Instruments. 0 o .iy H w K Qi M .'O l] (Signature Appears Next Page) S'.WYDOCS11664V002V005Uoind,, and Con,e.t_0 I w,,d 3 /14 /08 15 102! * ** OR: 4353 PG: 0437 * ** In Witness Whereof, the Mortgagee has executed this Consent on this / day of /gyp r,' , 2008, to be effective as of the date of recording of the Easement Agreement. P.11Ii►l'lI.YJT14 I Print Name: tit"riG �- e d -Sisvc` Print Name: ��i� �K�� ✓�� STATE OF FLORIDA ) SS.: COUNTY OF MIAMI -DADE ) BankUnited, F.S.B. By: Insert Name: Clay F. Wilson Executive Ice resl ent The foregoing instrument was acknowledged before me this iL° "Aay of /I "YOf � 2008, by flu N 1- Lt e /-,, e), 1 � as E . 1,1P ofBankUnited, F.S.B., on behalf of BankUni ed F.S.B., who ❑ did ❑ did not take an oath. GYPersonally known. ❑ Produced ID- My commission expires: Melissa Corral =_ commission #DD609918 9``e c Expires: OCT. 30, 2010 AAAONNOTANY.oOM tcprw as to fV, 1 sYfflclMCy Asslstaht CNaty AtlorM Ellem T. CMa*nll S NYDOCS6664A002V005U ... &,and Co.,c 01wpd 3/14/08 1510 24 -2- NOTARY PUBLIC, State of Florida Print name: IA t SSsti �'it > ✓�� L�, 5 .l 1st THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Edward H. Gilbert, Esq. Edward H. Gilbert, P.A. 5100 Town Center Circle, Suite 430 Boca Raton, Florida 33486 4156746 OR: 4353 PG: 0438 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/24/2008 at 12:08PH DWIGHT B. BROCK, CLERK ABC FEE 61.00 Retn:REBECCA HARDING COLLIER COUNTY TECH /ROW 2885 S HORSESHOE DR NAPLES FL 34104 PARTIAL RELEASE OF MORTGAGE (the "Partial Release ") Space above this line for recorder's use THIS PARTIAL RELEASE is made this/ 7 day of /p'r i L , 2008 (the "Effective Date ") by Waterways Joint Venture VII, a Florida general partnership (hereinafter referred to as "Mortgagee "), whose address is 14627 Collier Boulevard, Naples, Florida 34119 in favor of BankUnited, F.S.B. (hereinafter referred to as "Mortgagor "), whose address is 255 South Alhambra Circle, Coral Gables, Florida 33134. Mortgagor executed that certain Mortgage and Security Agreement recorded on July 3, 2006, in Official Records Book 4065 at Page 1091, of the Public Records of Collier County, Florida, securing the original principal sum of Five Million Three Hundred Ninety Thousand Two Hundred Fifty Dollars ($5,390,250.00); (ii) that certain Assignment of Leases, Rents and Profits recorded in Official Records Book 4065 at Page 1104, of the Public Records of Collier County, Florida (the "Assignment "); and (iii) that certain UCC -1 Financing Statement recorded in Official Records Book 4065 at Page 1110, of the Public Records of Collier County, Florida (the "Financing Statement "). Hereinafter, the Mortgage, the Assignment and the Financing Statement are collectively referred to as the "Collateral Documents "). The Collateral Documents encumber certain property (the "Subject Property ") located in Collier County, Florida, the legal description of which Subject Property is attached hereto as Exhibit "A ". Mortgagor has requested that Mortgagee release a portion of the Subject Property (the "Released Portion ") from the lien and operation of the Collateral Documents. The legal description of the Released Portion is attached hereto as Exhibit "B ". NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Mortgagee at the time of the execution of this Partial Release, Mortgagee does hereby remise, release, quitclaim, exonerate and discharge the Released Portion from the lien and operation of the Collateral Documents; provided that (i) nothing contained in this Partial Release shall in any way impair, alter or diminish the effect, lien or encumbrance of the Collateral Documents upon all portions of the Subject Property other than the Released Portion or (ii) any of the rights and remedies of the Mortgagee under the Collateral Documents. (Signatures and Notary Acknowledgment appear next page) S:%MYDOCS\3664 \003 \005\Panial Release of Mortgage wpd od:7131/ HoI02280815:22:15:22'.57 OR: 4353 PG: 0439 IN WITNESS WHEREOF, Mortgagee has executed this Partial Release on and as of the Effective Date. WITNESSES: Print Name: rt " k" , `. L e I e ` w/ rte_ �i Print Name: STATE OF FLORIDA COUNTY OF MIAMI -DADE BANKUNITED, FSB By: Print Name: Clay F. Wilson Executive Vice resldent Title: SS.: " d >R, / 2008, b The fore oing instrument was acknowledged before me this �'� day of %i/ y Ura f CtJ/ the F ✓ ofBankUnited, F.S.B. on behalf ofBankUnited, F.S.B. who c r Sid ❑ did not take an oath. 9'Personally known. ❑ Produced ID: My commission expires: := ...... Melissa Corral _Commission #00609918 5 ±`• ;= OR: 4353 PG: 0440 Exhibit "A" Legal Description of the Subject Property A tract of land situated in the State of Florida, County of Collier, lying In Section 3, Township 60 South, Range 26 East, and being further bound and described as follows: The West 1/2 of the West % of the Northeast 1/4 of said Section 3 lying South of the Southerly right -of -way line of Davis Boulevard -State Road 84; less the following described parcel: Beginning at the Southwest corner of the Northeast 1/4 of said Section 3; thence N 89019138" E along the South line of said Northeast 1/4 for 660.69 feet to the Southeast corner of the West % of the West 1/a of said Northeast Y.; thence N 00017'66" E along the East line of the said fraction for 704.31 feet; thence S 89 034'06" W for 662.88 feet to the West line of said fraction; thence S 00°07'06" W along the Vilest line of said fraction for 707.03 feet to the Point of Beginning. S:\MYDOCS\3664\002 \005\Panial Releue of Mongage.wpd cQ 7/31 /05/U022608 15:22:1532:57 -3- Exhibit `B" Legal Description of the Released Portion S:\MYDOCS\3664 \002\005Tanial Release ofMongage.wpd cd:7/31/0511,d022908 15:22:1522.57 -4- OR: 4353 PG: 0441 OR: 4353 PG: 0442 LEGAL OESCRB'TION 10 ACRE PONO SITE A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 60 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 60 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (174) OF SAID SECTION 9, NSW4832W. FOR 197&87 FEET. THENCE LEAVING SAID NORTH UNE 6-00'1891 W. FOR 1447.18 FEET TOA POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 81, OF THE PUSUCRECORDS OF COLLIER COUNTY, FLOMDA,ALSO BEING THE POINT OF BEOINN)NO OF THE PARCEL HEREIN DESCRETED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, 8AO'1681'W. FOR 686.21 FEET TO THE NORTH LINE OF CEDAR HAMMOCK UNIT 2. AS RECORDED IN PLAT BOOK 96, PAM 6THROUGH B, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDAI THENCE ALONG SAID NORTH UNE, SAWe046W. FOR 86266 FELT TO THE FAST LINE OFTRAO7 CB, CEDAR HAMMOCK PLAT. AS RECORDED IN PLAT BOOK V. PAGES OITHROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE LEAVING SAID NORTH LINE, "'WOVE. ALONG SAID EAST TRACT LINE FOR (168.10 THENCE LEAVING SAID EAST TRACTUNE, HM-391M FOR 668.01 FEETTO THE POINT OF' BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 496.871 SQUARE FEET OR 100 ACRffiS, MORE OR LESS. WWCVTIVE WENIUA R IMU11VNJVYIYCWM- 'I BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (174) OF SECTION S., TOWNSHIP 60 SOUTH, RANGE 28 FAST AS BEINGXW43=W. 1888 NORTH AMERICAN DATUM lose AOAAYTMENTSTATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA BAST -EM CM, I OR: 4353 PG; 0443 LEGAL DESCRIPTION 3 ACRE POND SITE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'. COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 60 SOUTH. RANGE 26 FAST, COWER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 3, N.89.43W`W. FOR 1978.67 FEET, THENCE LEAVING SAID NORTH LINE SbWiV31'W. FOR 124788 FEETTO A POINT ON THE WEST UNE OF MARKET CENTER, AS RECORDED W PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, 8.00-163M. FOR 199.51 FEET, THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER SAV3618'W. FOR 858.07 FEETTO THE EAST LINE OF TRACT C3, CEDARHAMMOCK PLAT, AS RECORDED IN FLAT BOOK32. PAGES 91THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST TRACT LINE, NAPOVOVE. FOR 18951 FEET; THENCE LEAVING SAID EAST TRACT LINE N.MP36"IrE. FOR 665.81 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DEBCRISED HEREIN. CONTAINING 130,738 SQUARE FEET OR 3.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICHON80F RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SECTION-3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEING NAP -43"M /983 NORTH AMERICAN DATUM 1989 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (SAID) FOR FLORIDA EAST ZONE 0001. NOT VALID WITHOUT THE ORIGINAL SIGNATURE 8 RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. * ** OR: 4353 PG: 0444 * ** DAVIS BLVD. R.O.W. TAKING SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY RADIO ROAD— A.K.A. —S.R. 858 Q� U� �— a 4NANM; swe 5•R — — -W— � VO•��.A- oosTwc DANI�g1.M sou11l xaw. uwe sL w w mama MYSTE000 Na 3EAST 71�WT�tomY Lx d 2 I T is zK om � E q� S x Q� U� a 4NANM; swe i . r.ru o wm t..IM ix wenaM L TvAWYMM v m�m nmMOe > EASr. CgL[R LOVNtt, RCL.Oh BFxY YxK �MMILMIY M Ix{LMk ■dI IKMeMpOD.�T WM MGNIWi Cppd d W WT P2 imM IMgYYLOpIX�NAT� WIUA CgWn. �IIOTxpL�� KW ni[ ISOIM rowMil obi wr IY! W Mw6 BaeEYAM (hKA N MI IIxICe W WIO Wp iV.lq lHl d WAY YY[ MO NDW M w61w6Y qAl 1ipUglNpOE� Off MyOypYAq(R fDIIOL LWY \i1�4 EN IO.W REg1D 1 MIT eWM pWwll d WY Ws iiwFAALY UL RCf MC A MwFTMmIN1. WCUUII fLM TO M LVY. X.Wx A YWI{ d ;IMM W, MW W A fA1➢4l Mae d 1Y r M MG IYLR W A pp � 1eMe II2O1'1T'K M OeLM /Qi. 10 WIF GB( YIIe d fIA �W � 1Nf : m�M�'W �� a1N IRT. ro M xA1i d CGIiNwNO iilu MM[ rRi utlI[ pR Ibw Wliti l0 L118101Ie -MPh xMYgi AK M![0 ON M C.ST UK d fw 1R/eT C-!. M ELIMY NWwe LTL Yl:.-JL aM , m, Tn xlowr. y� oY.Ln Mil. Mn q%.VN ExiT Mx PPDR COLLIER COUNTY d 1 16813 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Edward H. Gilbert, Es9_ I Edward H. Gilbert, P.A. 5100 Town Center Circle, Suite 430 Brea Raton, Florida 33486 L9,t'it151ir1�'LI h'La2� I n a �s p ° H O � m m x Space above this line for recorders use r 0 0 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this day of March, e 2008 (the "Effective Date "), by Waterways Joint Venture VII, a Florida general partnership ( "W WJVlr'), —_9 its successors and /or assigns, whose address is 14627 Collier Boulevard, Naples, Florida 34120 and Collier County, Florida, a political subdivision of the State of Florida (the "County"), its successors and/or assigns. rn All capitalized terms not defined herein shall have the meaning ascribed to them in that certain Developer ti Agreement Mystique (the "Developer Agreement ") dated February 20, 2007 by and between W WJV VII and m .e r, the County. a o WITNESSETH y ,A w WHEREAS, W WJVVR and the County are parties to the Developer Agreement. o M w A O 1v WHEREAS, WWJVVII is the owner of that certain property described on Exhibit "A" attached r 4? - hereto (the " WWJVVII Property"); r^° r� O o .P WHEREAS, the County is the owner of that certain property described on Exhibit "B" attached u`P, hereto (the "10 Acre Pond Site "); WHEREAS, the County is the owner of that certain property described on Exhibit "C" attached o s hereto (the "3 Acre Site"); WHEREAS, paragraph 7 of the Developer Agreement provides that (i) WWJVVII shall grant a drainage easement (the "County Drainage Easement") to the County for the County Drainage Easement Purpose (as hereinafter defined); and (ii) WWJVVII shall grant an access easement to the County (the "Access Easement") for the Access Easement Purpose (as hereinafter defined); WHEREAS, paragraph 8 ofthe DeveloperAgreement provides that the County shall grama drainage easement (the " WWJVVII Drainage Easement ") to WWJVVII for the WWJVVII Drainage Easement Purpose (as hereinafter defined); WHEREAS, WWJVVII wishes to grant the County Drainage Easement upon and under the County Drainage Easement Area (as hereinafter defined) to the County, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement; and S:WYDOCS\366410021005Eucmcnt Agr ent_02.wpd tl cd:1130108//rd:417/08:15:25:05 I,iatl OR: 4353 PG: 0446 16B13 WHEREAS, W WJV V II wishes to grant the Access Easement upon andthrough the Access Easement Area (as hereinafter defined) to the County, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement; and WHEREAS, the County wishes to grant the WWJVVIl Drainage Easement upon and under the WWJVVII Drainage Easement Area (as hereinafter defined) to WWJVVIl, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, WWJVVII and the County agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. The County Drainage Easement. (a) Grant and Pumose. WWJVVII hereby grants to the County for the Term (as hereinafter defined), the County Drainage Easement upon and under that certain property (the "County Drainage Easement Area ") legally described on Exhibit "D" for the purpose (the "County Drainage Easement Purpose ") of establishing a drainage connecting between Davis Boulevard and the 10 Acre Pond Site. In connection with the County Drainage Easement Purpose, the County shall be entitled to construct and maintain such facilities (the "County Drainage Facilities ") under the County Drainage Easement Area as deemed appropriate by the County so long as such County Drainage Facilities do not unreasonably interfere with the Development. In construction of the County Drainage Facilities, the County shall comply with any and all Applicable Laws (as hereinafter defined). For the purposes hereof, "Applicable Laws" shall mean and refer to all municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. (b) Construction and Maintenance of the County Drainage Facilities. (1) Construction ofthe Couaty Drainage Facilities. Any and all cost or expense associated with the design, permitting and construction ofany ofthe County Drainage Facilities shall be the sole and absolute responsibility of the County. (2) Maintenance. Any and all cost or expense associated with the repair or maintenance of the County Drainage Facilities shall have be the sole and absolute responsibility of the County. The Access Easement. (a) Grant and Purpose. WWJVVII hereby grants to the County for the Term (as hereinafter defined), the Access Easement upon and through that certain property (the "Access Easement Area ") legally described on Exhibit `B" for the purpose of maintaining the 10 Acre Pond Site (the "Access Easement Purpose"). In connection with the Access Easement Purpose, the County shall be entitled to construct and maintain such facilities (the "Access Facilities ") under and through the Access Easement Area as deemed appropriate by the County so long as such Access Facilities do not unreasonably interfere with the Development. In construction of the Access Facilities, the County shall comply with any and all Applicable Laws. SAMYDOC93664\002b051Easement Agre ent_02.wpd cd: 113010911rd: M08:15.25 :05 OR: 4353 PG: 0447 16813 (b) Construction and Maintenance of the Access Facilities. (1) Construction of the Access Facilities. Any and all cost or expense associated with the design, permitting and construction of any of the Access Facilities shall be the sole and absolute responsibility of the County. (2) Maintenance. Any and all cost or expense associated with the repair or maintenance ofthe Access Facilities shall have be the sole and absolute responsibility of the County. (c) Relocation. W WJVIV and the County agree that the exact manner of Development has not yet been determined. Accordingly, it may be necessary for WWJVVII to modify the Access Easement Access Area from time to time. Accordingly, WWJVVII shall have right to relocate the Access Easement Area from time to time, provided that (i) WWJVVII shall notify the County in advance of making any such change to the Easement Access Area, (ii) any and all cost associated with the relocation of the Easement Area shall be bome solely and absolutely by W WJV VII; and (iii) the modification of the Easement Access Area will not unreasonably impede or interfere with the Access Easement Purpose. 4. The WWJVVII Drainage Easement. (a) Grant and Puroose. The County hereby grants to WWJVVII for the Term (as hereinafter defined), the WWJVVII Drainage Easement upon and under that certain property (the " WWJVVII Drainage Easement Area ") legally described on Exhibit "F" for the purpose (the " WWJVVII Drainage Easement Purpose ") of establishing a drainage connection between the Development and the 10 Acre Pond Site for the outfall from the Development. In connection with the WWJVVII Drainage Easement Purpose, WWJVVII shall be entitled to construct and maintain such facilities (the " WWJVVII Drainage Facilities ") under the W WJV VII Drainage Easement Area as reasonably necessary to enable W WJV VII to utilize the WWJVVII Drainage Easement for the WWJVVII Property drainage outfall. In construction of the WWJVVII Drainage Facilities, WWJVVII shall comply with any and all Applicable Laws. (b) Construction and Maintenance of the County Drainage Facilities. (1) Construction of the WWJVVII Drainage Facilities. Any and all cost or expense associated with the design, permitting and construction of any of the WWJVVII Drainage Facilities shall be the sole and absolute responsibility of WWJVVII. (2) Maintenance. Any and all cost or expense associated with the repair or maintenance of the W WJV VII Drainage Facilities shall have be the sole and absolute responsibility of WWJVVII. 5. Term. The term ("Term") ofthis Agreement and the County Drainage Easement, the Access Easement and the W WJV VII Drainage Easement granted pursuant hereto shall commence upon execution of this Agreement by WWJVVII and the County and shall continue perpetually thereafter. 6. No Public Dedication. Nothing contained in this Agreement shall, or shall be deemed to, constitute a gift or dedication of any portion of the County Drainage Easement Area, the Access Easement Area or the WWJVVII Drainage Easement Area to the general public or for the benefit of the general public, it being the specific intention of (i) WWJVVII that the grant of the County Drainage Easement is strictly limited to the County Drainage Easement Purpose and that the grant of the Access Easement is strictly S:VAYDOCSU664\002\005\Ee ent Agr eM_02.wpd cd: 113010V1rd:4r710ga6:25:05 3 OR; 4353 PG; 0448 16 B 13 limited to the Access Easement Purpose; and (ii) the County that the grant of the WWJWII Drainage Easement is strictly limited to the W WJWII Drainage Easement Purpose Retention of Rights. (a) This Agreement represents a non exclusive grant of the County Drainage Easement and the Access Easement as provided for herein. Accordingly, W WJV VII and its successors and/or assigns retain any and all of the rights associated with the ownership of the WWJVVII Property, not otherwise granted to the County pursuant hereto, and in that connection W WJV VII and its successors and/or assigns may utilize the County Drainage Easement Area and /or the Access Easement Area for any all purposes not inconsistent with, as applicable, the County Drainage Easement Purpose, the Access Easement Purpose and the terms of this Easement Agreement. (b) This Agreement represents a non exclusive grant of the WWJWII Drainage Easement as provided for herein. Accordingly, the County and its successors and/or assigns retain any and all of the rights associated with the ownership of the 10 Acre Pond Site and the 3 Acre Site, not otherwise granted to W WJV VII pursuant hereto, and in that connection the County and its successors and/or assigns may utilize the WWVJVII Easement Area for any all purposes not inconsistent with, as applicable, the W WJW II Drainage Easement Purpose and the terms of this Easement Agreement. 8. Mechanics Liens. (a) The County shall keep the County Drainage Easement Area and the Access Easement Area at all times free and clear of mechanics' liens and any other liens for labor, services, supplies, equipment or materials purchased or procured, directly or indirectly, by or for the County. The County shall not have the authority to create any liens for labor or material on the County Drainage Easement Area or the Access Easement Area and all persons contracting with the County for the performance of any services, supply of any materials or provision of any labor for any work done in, on or around the County Drainage Easement Area or the Access Easement Area, and all materiahnen, contractors, suppliers, mechanics and laborers are hereby charged with notice that they must look solely to the County to secure payment of any bill for work done or material furnished at the request or instruction of the County. (b) W WJWII shall keep the W WJVVII Drainage Easement Area at all times free and clear of mechanics' liens and any other liens for labor, services, supplies, equipment or materials purchased or procured, directly or indirectly, by or for W WJV V II. W WJVVII shall not have the authority to create any liens for labor or material on the WWJWII Drainage Easement Area and all persons contracting with W WJWII for the performance of any services, supply of any materials or provision of any labor for any work done in, on or around the WWJWII Drainage Easement Area, and all materialmen, contractors, suppliers, mechanics and laborers are hereby charged with notice that they must look solely to WWJVVII to secure payment of any bill for work done or material furnished at the request or instruction of W WJW II. 9. Covenants Running with The Land. (a) The County Drainage Easement and the Access Easement are appurtenant to the W WJWII Property and shall be binding upon W WJV VII and the successors in title thereto. The County Drainage Easement and the Access Easement are each appurtenant to the 10 Acre Pond Site and the 3 Acre Site and shall benefit any successor in title thereto. All of the provisions of this Agreement, including all ofthe benefits and burdens of the County Drainage Easement and the Access Easement created hereby, shall run with the W WJWII Property and shall be binding upon W WJWII and the successors in title thereto. SAMYDOM366002\005Ha tAgreement 02.wpd e cd: 1/30/O8//rd:4F/ /08:1525:05 ,lry 4 OR. 4353 PG; 0416813 4 All of the provisions of this Agreement, including all of the benefits and burdens of the County Drainage Easement and the Access Easement created hereby, shall run with the 10 Acre Pond Site and the 3 Acre Site and shall be binding upon the County and the successors in title thereto. (b) The W WJV V II Drainage Easement is appurtenant to the 10 Pond Acre Site and the 3 Acre Site and shall be binding upon the County and the successors in title thereto. The WWJVVII Drainage Easement is appurtenant to the WWJVVII Property and shall benefit any successor in title thereto. All of the provisions of this Agreement, including all of the benefits and burdens of the WWJVVII Drainage Easement created hereby, shall run with the W WJV VII Property and shall be binding upon WWJVVII and the successors in title thereto. All of the provisions of this Agreement, including all of the benefits and burdens of the W WJV VII Drainage Easement created hereby, shall run with the 10 Acre Pond Site and the 3 Acre Site Property and shall be binding upon the County and the successors in title thereto. 10. Interpretation; Severability; Amendment. This Easement Agreement shall he interpreted, construed and enforced in accordance with the laws of the State of Florida. In the event a court of competent jurisdiction shall determine that any provision hereof is invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions hereof, all of which shall remain in full force and effect. This Easement Agreement may not be amended or modified except by an instrument in writing executed by WWJVVII and the County, and no such amendment or modification shall be effective unless recorded in the Public Records of Collier County, Florida. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by each of WWJVVII and the County, and their respective successors and assigns. (Signatures appear next page) S:U/YD0CS13664W021005\Ewement Agreement_02.wpd cd:1/30/08//rd:417108:15:25:05 5 16913 IN WITNESS WHEREOF, W WJV V II and the County have executed this Easement Agreement on and as of the Effective Date. WITNESSES: Print Name: Print Name: k L C n /L; t l' KCI Waterways Joint Venture VII, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership, a general partner By: Waterways Development, Inc., the General Partner By: — Richard Dave ort, President PK- D� ATTEST: DW}gkt�:'fl;;*, Clerk of Courts Board of County Commissioners, Collier County, Florida o r r.., :�O 7Crh.J\✓ r y ,, a i run s\ W By: cn Print Names � `""' •zy Print Name: � Print Title: Print Title: o •cam cs 0 hamadMA i U f tla aMflcleacy e>ttat�at Carrtty tM41� Ellaa T. chad"11 SAMYDOCS\36641002W5\�Eucmmt Agwa nt 02.wpd W:I/30MV /rdA/7/08:I5:25:05 (Notary appears next page) 6 OR: 4353 PG: 0451 16B13 STATE OF FLORIDA ) SS.: COUNTY OF COLLIER ) Ai i2aL- The foregoing instrument was acknowledged before me this _ 7 day ofFebmaay 2008, by Richard Davenport, the President of Waterways Development, Inc., a Florida corporation (the "Corporation "), the General Partner of Waterways of Hibiscus, Ltd., a Florida limited Partnership (the "Limited Partnership "), a general partner of Waterways Joint Venture VII, a Florida partnership (the "Partnership ") on behalf of the Corporation, the Limited Partnership and the Partnership who ❑ did ❑ did not take an oath. a- Personally known. ❑ Produced ID: a °Pn' 'egnvH H&n SAMYD0CSU664\002\005\Eesement AgmemenL02.wpd edIrMS 11rdAM08:15 :25:05 7 NOTAR4 IC, State of Florid OR; 4353 PG; 0452 168 13 EXMIT "A" THE WWJYYII PROPERTY SAMYDOM3664W021005 EMment Ageement_02.wpd cd:1/30/09/lyd:4/7/08:15:25:05 16 B 13 1 OF 2 LEGAL DESCRIPTION REMAINDER PARCEL A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, N.89"43'32"W. FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE S.00"18'311"W. FOR 102.49 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, 8A001631"W. FOR 1145.18. FEET; THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, S.89 °38'1 8"W. FOR 655.61 FEET TO THE EAST LINE OF TRACT C-2, CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST TRACT LINE, N.00- 06'08"E. FOR 1057.37 FEET TO AN INTERSECTION WITH A NON - TANGENTAL CURVE; THENCE EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, A DISTANCE OF 885.88 FEET, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF 12"02'1T' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82 "01'43"E. FOR 665.65 FEET,TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 731,572 SQUARE FEET OR 16.8 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEING N.89 "43'32"W,1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA 3. RfE ."t I A% t� A F t� (' O 7D .P w cn w O 0 c.n w SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY 5G 3 (BEARING BASIS) • a S.R. 84 =Z=PUT P.QC. CLIENT: WATERWAYS JOINT RNOa° N.E. CORNER P.O.B. SECTION 3. TWP 50 S. p ROE 26 E. Zc`�g N Fpp 2 CL ' W E CEDAR HAMMOCK 5 S P.B. 32 PQ 91 -103 n MYSTIQUE 14 TRACT C-2 (CONMRVATIM) FCLEO N0. 31000010000 ^ I i WEST LINE OF 0 100 200 ri 0 3:FFTMARKET CENTER Pte;- � 1 O .ate (s tom.: 'z7 C S89'38'IWW 655.61 BEM ' CLIENT: WATERWAYS JOINT VENTURE VII BLVD - BGUtPMRo 3 ACRE POND SITE p R.G.W. - RIGHT OF WAY i t ; �1� i � Mwiag P.O.& - POW OF BEMWWG TITLE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION B0t0�,PaA1�, ammo LINE TABLE `" a" J.J.H. REMAINDER PC. POW OF COMMENCEMENT F""KK�O�a LINE 0 LENGTH NUMBER:0.5O117.00.03 7O. - TOWNROP O.E. - DRAINAGE EASEMENT OF 2 "I'LE SE=" CORNER - RANGE CURVE TABLE CURVE I RADIUS I DELTA LEMOTH CB CD Cl 1 3174,04 I 665.88 865.65 1 O .ate (s tom.: 'z7 C MTO 02/11 pg CLIENT: WATERWAYS JOINT VENTURE VII p i t ; �1� i � Mwiag A M S TITLE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION B0t0�,PaA1�, ammo `" a" J.J.H. REMAINDER PARCEL F""KK�O�a 3 50S 220E NUMBER:0.5O117.00.03 NU ER: 2 OF 2 "I'LE 1 O .ate (s tom.: 'z7 C 16B13 EXHIBIT "B" THE 10 ACRE POND SM SWMOCSl3664\002\005Ta ment Agument_02.wpd ed: tn0ro g/im:anrog: t 5:25:05 9 .P w w b 0 .A 16813 1 OF 2 A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP60 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHP S0 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA: THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 3, N. W43"JZW. FOR 1978.87 FEET. THENCE LEAVING SAID NORTH LINE 8404931"W. FOR 1447.18 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 80 THROUGH 81, OF THE PUBLIC RECORDS OF OOLLIER COUNTY. FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, SAO.1831 W. FOR 88821 FEET TO THE NORTH LINE OF CEDAR HAMMOCK UNIT 2, AS RECORDED IN PLAT BOOK 36, PAGES 5THROUGH 6. OF THE PU13LIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG SAID NORTH LINE, 8A WII W. FOR W2JI9 FEET TO THE EAST LINE OF TRACE "CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 3% PAGES 91THR000H 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE LEAVING SAID NORTH LINE, N.0(r0n8M ALONG SAID EAST TRACT LINE FOR 868.16 FEET: THENCE LEAVING SAID EAST TRACT LINE, N.89 -WIST. FOR 888,01 FEETTO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 438,071 SQUARE FEET OR 10.0 ACRES, MORE OR LESS, SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SECTION 3,, TOWNSHIP W SOUTH, RANGE 28 EAST AS BEING N.89.43W2'W,1903 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EASTZONE09D1. i� a V�Ja VMHHOOUU�T THE ORIGINAL SIGNATURE& RAISED EMBOSSED SEAL OF A FLORIDA ..FRQESSIONAL SURVEYORAND MAPPER. I�p f r h. ROFESSIONAL SURVEYORAND MAPPER LS# 8301 O .sue w cr. w b O .A c.a-. rn SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY Y �g u mC Win U � 6 1RRAAW DE2 OF�^i A BLVD - BOIKOM RAW. - MW OF WAY PA& - POW OF BECOM N0 P.9A - PONT OF COMIDNCEMENT UP. - TOWNSHIP D.E. - WN@AOE EAMENT - SECTWi CDAMER . PAM 2l"A I" uon i W 1 er ey108og89 ado OOpp��l°`yy"�if� 6°0 F�OfRWWaiE MYSTIQUE FWO NO. 34660046006 N89WlBuE 855.01 10 ACRE POND SITE N IN E S 0 76 160 GRAPHIC SCALE V. 169• w TWP 49 S. TWP SO S. UH MNE OF CEDAR MOCK UMT 2 CEDAR HAMMOCK UNIT 2 P.B. 36 P& 5-8 �i oil{ 16 B 13 PLAT N.L . j SSEECCnO�lO NT ROE 26 E WATERWAYS JOINT VENTURE VII SKETCH TO ACCOMPANY LEGAL DESCRIPTION 10 ACRE POND SITE 050117.00.03 „,' na 2 F 2 r �m 0009 0 .p. w c rf w b 0 .E� v e\ EXHIBIT "C" THE 3 ACRE SITE SAMYDOCS'3664\0021005\Fasement Agreement 02.wpd ed:1/30/08//rd:417108:15:25:05 16813 0 w w b OR- 95 16B13 1 OF 2 LEGAL DESCRIPTION 3 ACRE POND SITE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 3, N.89'4T32"W. FOR 1976.57 FEET, THENCE LEAVING SAID NORTH LINE S.00'18'31'W. FOR 1247.86 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, S.00.1931'W. FOR 199.51 FEET; THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, S.89'38'18'W. FOR 655.01 FEET TO THE EAST LINE OF TRACT 62, CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 32, PAGES 91THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST TRACT UNE, N.00'08'08" E. FOR 199.51 FEET; THENCE LEAVING SAID EAST TRACT LINE N.89'36'16'E. FOR 655.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 130,736 SQUARE FEET OR 3.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST AS BEING N.89'43'32'W.1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFEWONAL SURVEYOR AND MAPPER. a4 t ry ' ti ki e 9 .r w w b 0 .A cs+ ko SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY 3 ACRE POND SITE EAST LINE OF TRACT C-2 N i W E AfBREVN7�11Bt BLVD - BOULFARD R.O.W. - MOM OF WAY S P.O.B. - POINT OF BEDMNINO P.O.C. - POINT OF COMMENCEMENT TWP. - TOWNSHIP 0 75 150 D.E. - SECTION CORNER GRAPHIC ROE. - RANGE 1'- 15W TWP. 49 S. 16B13 (BEARING BASIS) ' MYSTIQUE Y N:W. CORNER MARKET CENTER PLAT FOLIO NO. 34690040006 O - >Z I N00'O6'06 "E TWP 50 S RGE 26 E. Qq 6 p = U N QM N89'36'18 "E 655.61 m it 3 ACRE POND SITE EAST LINE OF TRACT C-2 N i W E AfBREVN7�11Bt BLVD - BOULFARD R.O.W. - MOM OF WAY S P.O.B. - POINT OF BEDMNINO P.O.C. - POINT OF COMMENCEMENT TWP. - TOWNSHIP 0 75 150 D.E. - SECTION CORNER GRAPHIC ROE. - RANGE 1'- 15W TWP. 49 S. 16B13 (BEARING BASIS) ' BEARING P.O.C. N:W. CORNER MARKET CENTER PLAT N E CORNER 199.51 SECTION 3. I N00'O6'06 "E TWP 50 S RGE 26 E. m m a N JWEST LINE OF MARKET M CENTER PLAT F- P.O. 41 M 60-M r W �1 P.O.B. J LINE TABLE UNE BEARING LENGTH L7 SOO'16'31 "W 199.51 L2 I N00'O6'06 "E 1 199.51 M CLIENT. A » 1, - 150 WATERWAYS JOINT VENTURE VII R,56TAL F b4P4 A.S. TILE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 661ovampako"Gi m � W. 3 ACRE POND SITE NWIM.FIR*34109 nK6K� w-om" nn A06 PL,.,- 050117.00.03 sHLZ , 2 OF 2 IN+uzMOIR; 0009 FA1i �66T'CB%6 a " m PROJECT /I' 1 16813 EXHIBIT "D" THE COUNTY DRAINAGE EASEMENT AREA S.WYDOCS13664\002\005 Ea ent Ageement_02.wpd ed:1130/08//td:4/7108:15:25:05 0 .r= w cr w b 0 .P rn 16B-13 1 OF 2 LEGAL DESCRIPTION DRAINAGE EASEMENT A PARCEL OF LAND LYING W SECTION 3, TOWNSHIP 60 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 60 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, N.W4311M. FOR 197857 FEET, THENCE LEAVING BALD NORTH LINE S.0Vl S1"W. FOR 102A9 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES (1061, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE FUTURE SOUTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (A.KA S.R. 84), AND ALSO BEING THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, S.00"1 8'31"W. FOR 1,148.18 FEET, THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, S.B9 Wl& W. FOR 1n00 FEET; THENCE PARALLEL WITH SAID WEST LINE OF MARKET CENTER N.00"1891 "E. FOR 1,144.73 FEET. TO A POINT OF CURVATURE; THENCE EASTERLY 18.01 FEET, ALONG THE ARC OF A NOWTANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF OVIVIW AND BEING SUBTENDED BYA CHORD WHK01 SEARS N.87 "W41WE. FOR 18.01 FEET. TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT DESCRIBED HEREIN. CONTAINING 17,174 SQUARE FEET OR 0.89 ACRE, MORE OR LESS. SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SECTION 3, TOWNSHIP 60 SOUTH. RANGE 28 EAST AS BEING N59.43W W,1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. l a .t5 w w b a .cam rn N SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY TWP, 49 S. TWP. 50 S. .. &0 1 FUTLEiE SDDm RAW. LINE OF DAMS BLVD: A.N.A. (SR. 84) MYSTIQUE MUD N0. 340OW40009 7-1 [-sil em - BOULEVARD R.O.W. - RRAIT OF WAY PAS, - PON OF BEORR m PA.C. - POINTS OF COMMDJ064W 1WP - 7OWNWIP D.E. - ORAOMBE FASaw St- SECANGE TION CORNER - R (T CENTER PUT — — — I.B. ST LINE OF MARKET �NTER PLAT LL B. 41 PQ W-51 4 w 15 a 3 d 16B13 BiT_:a7S!!� ��FTrT. JT1^IBfF!•:� ��T. uac 12/14/07 WATERWAYS JOINT VENTURE VII „ Viar se mioI1 1- a tso' coNS�l1 L,T iN CWUB11gi1&Ma , ^� TITLE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION i. L • 1L 1 SwvaY�6 g �pVPPV6 M.A.S. .,»NwA.Bm DRAINAGE EASEMENT FNCpagbw B 'y � � „, 050117.00.03 , 2 2 NUMBM. 0009 I 1 O ..P W W b O .La [3l W 16 B 1> EXMIT "E" THE ACCESS EASEMENT AREA 0 7c7 .A w v. w b 0 rn SAMYDOCW66002\005Te mt Agrmm t 02.wpd cQ 1 130109 11rdAn/OS: 15:25:05 16813 1 OF 3 LEGAL DESCRIPTION 20' ACCESS EASEMENT A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, N.89043'32"W. FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE 5.00 "16'31'W. FOR 775.01 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE ACCESS EASEMENT HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID WEST LINE S.00 °16'31'W. FOR 20.01 FEET; THENCE 8.88633'S1"W. FOR 9.31 FEET, TO A POINT OF CURVATURE; THENCE WESTERLY 32.33 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 53.00 FEET, THROUGH A CENTRAL ANGLE OF 34 057'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.73006'S3'W. FOR 31.83 FEET, TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 19.41 FEET, ALONG THE ARC OF ATANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 32.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °4520" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.73"01'DZW. FOR 19.11 FEET; THENCE 8.89"3518"W. FOR 11.32 FEET, TO A POINT OF CURVATURE; THENCE WESTERLY 18.09 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 32.00 FEET, THROUGH A CENTRAL ANGLE OF 32 °22'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.73'24'50'W. FOR 17.85 FEET, TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 20.68 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 31 °11'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.72 °48'59"W. FOR 20.43 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY 38.75 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 88 °48'39" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'00'1 5W. FOR 34.99 FEET; THENCE S.00 '24 04"E. FOR 119.18 FEET, TO A POINT OF CURVATURE; THENCE SOUTHERLY 49.07 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET, THROUGH A CENTRAL ANGLE OF 09'4140' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.05"14'54"E. FOR 49.01 FEET, TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY 56.11 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 310.00 FEET, THROUGH A CENTRAL ANGLE OF 10'22'15" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.04 "54.37"E. FOR 56.04 FEET; THENCE S.00'1 6'31M1. FOR 45.39 FEET, TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 70.16 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 89 "1947" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'5625"W. FOR 63.27 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE S.89'3&1 8"W. FOR 417.35 FEET, TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 39.27 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44"38'1 8"W. FOR 35.36 FEET; THENCE S.00 02342 "E. FOR 93.00 FEET; THENCE S.89'3518"W. FOR 20.00 FEET; THENCE N.0002342"W. FOR 93.00 FEET, TO A POINT OF CURVATURE; ' l r .A w c_r+ w b G] a .� rn 16813 2OF3 THENCE NORTHEASTERLY 70.69 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 90 000'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.44 038'18 "E. FOR 63.64 FEET; THENCE N.89036'18"E. FOR 417.35 FEET, TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 38.98 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'19'4T' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.44 05675 "E. FOR 35,15 FEET; THENCE N,0O"1031 "E. FOR 45.39 FEET, TO A POINT OF CURVATURE; THENCE NORTHERLY 52A9 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET, THROUGH A CENTRAL ANGLE OF 10 °22'15" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.04'54'3TW. FOR 52.42 FEET, TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY 52.45 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 310.00 FEET, THROUGH A CENTRAL ANGLE OF 09 °41'40' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.05014541N. FOR 62.39 FEET; THENCE N.00024'04'W. FOR 119.18 FEET;TO A POINT OF CURVATURE: THENCE NORTHEASTERLY 69.75 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 88 04839" AND BEING SUBTENDED BY A CHORD WHICH BEARS NA4'00'15"E. FOR 62.98 FEET, TO A POINT OF REVERSE CURVATURE: THENCE EASTERLY 9.80 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 18.00 FEET, THROUGH A CENTRAL ANGLE OF 31 °11'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.72048'59"E. FOR 9.68 FEET, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 29.39 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 52.00 FEET, THROUGH A CENTRAL ANGLE OF 32'22'56" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.73024'50"E. FOR 29.00 FEET; THENCE N.89'3918 "E. FOR 11.32 FEET, TO A POINT OF CURVATURE, THENCE EASTERLY 31.54 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 52.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °45'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.73001'02"E. FOR 31.06 FEET, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 20.00 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 33.00 FEET. THROUGH A CENTRAL ANGLE OF 34'43'28' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.73 °00'06 "E. FOR 19.70 FEET; THENCE N.88033'51"E. FOR 9.74 FEET, TO THE POINT OF BEGINNING OF ACCESS EASEMENT DESCRIBED HEREIN. CONTAINING 21,106 SQUARE FEET OR 0.48 ACRE, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST AS BEING N.89'4V32"W,1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A F,E REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. ° f ' J AND i L/ DATE: I O .aP w w b 0 rn rn N W E S 0 75 E;;;;;R= GRAPHIC SCALE 1'. 15W Y Qo q N 2 =6 U � yNj N C3 E] m' W n: � U EAST LINE OF TRACT C -2 ABBREVIA710NS1 16a l3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY BLVD . BOULEVARD R.OX - RIGM OF WAY P.O.B. • POINT OF BEGINNING P.O.C.. POINTS OF COMMENCEMENT TWP.. TOWNSHIP D.E.. DRAINAGE EASEMENT ^�. SECTION CORNER RGE. - RANGE UNE WARING LENGIH L1 20.01 L2 stw 1 C3 1 L3 L4 d 4' LS 31-11 ' W 1 L6 20.43 L7 L6 3409 JW25 LO LiD 49.01 07 1 U7 68.11 112 $8.04 CB L73 70.16 L14 1 63.27 j? «TA° avarmgi Mming vialmlihmon 1 L v T♦ 1 3mvvyivg & milklift 6610 V m Park DP^ 8i1a20D NpAwF Wa34109 p 6974878 FAX: p9N 5974M 1 YI C2 1 JJ.W 32.00 •.a..r 19.41 1 N7 1• �..� 19.11 C3 1 32.00 18.09 4 17.85 C4 1 3600 1 31-11 ' W 1 20.86 '1 20.43 CS' 25.00 76 ' 3409 06 290.00 40.07 90514!54'E 49.01 07 1 310.00 68.11 E 1 $8.04 CB 1 45.00 70.16 'W 1 63.27 C9 1 25.00 3927 35.36 C10 1 45.00 1 90WOOr 70.89 83.64 C71 25.00 89'19'47" 38.98 35.15 C12 290.00 NMI 37W 52.42 CIS 1 310.00 52.45 WO5,V5ew 52.39 C14 45.00 69.75 92.98 C75 18.00 9.80 9468 C16 52.09 29.39 7 "E 29.00 C17 52.00 31.54 57370102 " E 31.06 C18 53.00 20.00 'E 100 WATERWAYS JOINT VENTURE VII W. TITLE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION .A.S. 6 6° 20' ACCESS EASEMENT .A.W. 50 26E NUMBER 050117.00.03 NUMBER: 3 OF 3 1 NUMBER: ON9 O .tom w 4s w b O aC 61 Anti 16813 EXHIBIT "F" THE WWJWH DRAINAGE EASEMENT AREA a w cr w b NO- S %MYDOCS\3664\002\005\Em=cnt Agre cq 02.wpd ed 1 13 010 811rd4nl0g: 15:25:05 m a i D��A��, 1 OF 2 �SNSi LIA .AL %.r TA a .� •vw.9�oa LEGAL DESCRIPTION DRAINAGE EASEMENT A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 3, N.W43WW. FOR 2,638.09 FEET, ALSO BEING THE NORTH QUARTER (1 /4) CORNER OF SAID SECTION 3; THENCE S.00.03'42"W. FOR 146.43 FEET, TO THE NORTHEAST CORNER OF TRACT C-2, CEDAR HAMMOCK, RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE 5.00.06'06'W. ALONG THE EAST LINE OF SAID TRACT 02 FOR 1,108.90 FEET, TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED; THENCE LEAVING SAID EAST TRACT LINE, N.89.38'18'E. FOR 15.00 FEET; THENCE S.006WOVW. FOR 865.70 FEET; THENCE SA9836'180W. FOR 15.00 FEET TO SAID EAST TRACT LINE; THENCE N.00 °0&W E. ALONG SAID EAST TRACT LINE FOR 865.7D FEET, TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT DESCRIBED HEREIN, CONTAINING 12,985 SQUARE FEET OR 0.3 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SECTION 3, a TOWNSHIP 50 SOUTH, RANGE 28 EAST AS BEING NAV4312'W, 1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. P w w NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA 4REGISIMIED PROFESSIONAL SURVEYOR AND MAPPER. Gam] - - .4� 9 tL° o 1 , r t J• ;MI L 1 ',W 4� , PROFESSIONAL SURVEYOR AND MAPPER LSR 5301 .rr f•<c1'' y rl° 8810NAkow psA WA. Sub 200. Nepta4 FW& 34108 • (ZN) 697-0576, feat: IB) 597,M78 t WWw.Ml9 -Twaam SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N. 1 /4 N89'43'32 "W 63 .09 TOWNSHIP 49 CORNER 13 (BEARING BASIS) TOWNSHIP 50 SECTION 3 I iv n ___r— 541 t �PK.A•'SR j o pPN�58�'vp of NE CO N z i N i N EAST UNE OF TRACT C -2 W E S 0 75 150 SCALE CEDAR HAMMOCK 1' 160' P.B. 32 PG. 91 -108 TRACT C -2 (CONSERVATION) ABBRWATKM BLVD - BOULEVARD RA.W. - RIGHT OF WAY P.O.B. - POINT OF BEGINNING P.O.C. - POINTS OF COMMENCEMENT TWP - TOWNSHIP ' D.E. - DRAINAGE EASEMENT RGE - RANGE + - SEO110N CORNER DXXTA� �°� 3nT7 3L pg mlo NWUbwFwkD%& aoo n6Nm Rm J.. FW�A%:OI0 O N 1FG T J 5 N. LINE OF N.E. 1/4 SOUTH R.O.W. LINE S.R. 84 MYSTIQUE FOLIO NO. 34690040006 LINE TABLE D.E. LINE BEARING LENGTH L1 S00 6'0 "W 1108.90 12 N89'36'18 "E 15.00 L3 S89'36'18 "W 1 15.00 NORTH LINE OF CEDAR HAMMOCK UNIT 2 WATERWAYS JOINT VENTURE VII TITLE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 050117.00.01 NUMBER: 2 OF 2 I NUMBm OM �E O .P W "c7 c c .c I 1 #16c2 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROU'T'ING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V C .3 THE BOARD OF COUNTY COMIYIISSIONERS OFFICE FOR SIGNATURE Print on pink papan Attach to original do®ene Original documents should be hand delivered to the Board Of ice.7b.- completed muting slip and ongiaal documents are to be for ratedm the Board Of5ce only after the Bead has tatemactim an the item.) ROUTING SLIP C=pl= routing Boa Bl though 44 as appmpriare for add d®al span , dates, andtor ino n don needed_ If the dornm cat is already wmplem with the exception of Chi's signature, draw a lime tbroanth routang hats 01 thrvn 714, COEPLeft the checklist and forward to Sue Muca (Bne 7nj. Route to Addressee(s) Office Initials Date r (List in mating order). 1. 2- 3._�. 4. 5. Sue Filson, Executive Manager I Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION Crhe primary eeomnr is the holder of the original doamv9t pending BCC approvaL Normally the primary eamaa is the person who aored/prepaed the executive summary. Primary con= iofmmarion is needed in the evmt one of the sddr=c= above, including Sue Filson. need m ca tact staff for additional or Ong iofmmatloo. Ali Original dact®mts needing the BCC Cbairma's signature are to be delivered to the BCC office only afar the BCC has acted to approve the Name of Primary Staff Phone Number Contact 613 Agenda Date Item was / d �y Agenda Item Number Approved by the BCC 7 ^ ZJ —2Li&b I / to C ?J Attached INSTRUCTIONS & CEIECELIST L• Forms/ County Forms/ BCC Farms/ Original Doasmmct Raumtg Slip wwS Original 9.03.04, Revised 1.26.0.5, Revised 2.24 05 Initial the Yes column or marls "N /A" in the Not Applicable column whichever is Yes N/A (Not Appropriate. (Initial) Applicable) 1. Original document has been signedfmitialed 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 ordinance[, resolutions, etc signed by the County Attorney's Office and signature pages from contracts, agreements, etc that have been folly executed by all parties except the BCC Chairman and Cleric 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 t the BCC Chairman and the Clerk to the Board N 3. The Chafnpan's signari line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable- 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's and initials are required. 5. ases (some contracts are an exception), the original document and this routing slip provided to Sue Filson in the BCC office within 24 hours of BCC approval. 71W cuments are time sensitive and regnue'forwarding to Tallahassee within a certain e or the BCC's actions are nullified. Bea of our deadlines! fi. The document was approved by the BCC an (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L• Forms/ County Forms/ BCC Farms/ Original Doasmmct Raumtg Slip wwS Original 9.03.04, Revised 1.26.0.5, Revised 2.24 05 16C3 MEMORANDUM Date: April 9, 2008 To: Gary Bigelow, Property Acquisition Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement Enclosed please find the original of the document referenced above, (Agenda Item #16C3), which was adopted by the Board of County Commissioners on Tuesday, April 8, 2008. Please forward a recorded copy to the Minutes and Records Department. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure PROJECT: Catalina Drive Utility Relocation Project NO.: 730451 FOLIO NO.: 63103840201 EASEMENT AGREEMENT 1603 THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this <�_ day of / 7 6 , 2008, by and between MICHAEL S. FULLER, INDIVIDUALLY and as TRUSTEE of the MICHAEL S. FULLER REVOCABLE TRUST dated September 13th, 2000 (hereinafter referred to as "Owner "), whose mailing address is 50 Mahogany Drive, Naples, Florida, 34108, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non - exclusive Utility Easement for the purpose of utility facilities, and access to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum of Seven Thousand and no /100 Dollars ($7,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. EA -U E`� 1603 Easement Agreement Page 2 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the Purchaser; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the land underlying the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the land underlying the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA -U E Easement Agreement Page 3 6 C 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 87N day of ,A ;2P L 2008. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk (� lY Attest krk signature 0411 AS TO OWNER: DATED: Witness (Signature) Name: ,P, (>f%i (Prim or Type) re) Name: /Pi (Print or Type) Approved as to form and legal sufficiency: Jennifer A. Belp Assistant CountyNArney EA -UE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF:THE COLLIER COUNTY W/ITER- SEWER "DISTRICT BY: Q %M yENA1ttg6 , Chairman MICHAEL S. FUL NDIVIDUALLY and as TRUST oft a MICHAEL S. FULLER VOCA E TRUST dated September 1 16C3 COLLIER COUNTY GOVERNMENT COUNTY GOVERNMENT CENTER 3301 E. TAMIAMI TRAIL, BLDG. H NAPLES, FLORIDA 34112 EXHIBIT Page /of A SECTION 13 and 18, TOWNSHIP 50 SOUTH, RANGE 25 EAST Additions or deletions by other than the Professional Land surveyor in responsible charge is prohibited. Land Description is invalid without signature and /or embossed seal of the Professional Land Surveyor DESCRIPTION Catalina Drive Utility Relocation — 10' Utility Easement A portion of Outlot "B" of NAPLES SOUTH, Unit No. 1 according to Plat Book 4, Page 90 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 13, Township 50 South, Range 25 East; thence North 01'35'20" West along the East line of said Section 13 a distance of 149.72 feet to a point on the Northeasterly right of way line of U.S. 41 (Tomiami Trail) per said plat of NAPLES SOUTH, Unit No.1, also being the POINT OF BEGINNING; thence olong said right of way line North 39'05'20" West a distance of 150.29 feet; thence leaving said right of way line North 50'54'40" East a distance of 10.00 feet to a line parallel with said right of way line of U.S. 41; thence along said parallel line South 39'05'20" East a distance of 213.28 feet to a point on the Northwesterly right of way line of Catalina Drive per said plat of NAPLES SOUTH, Unit No. 1; thence along said right of way line of Catalina Drive South 50'54'40" West a distance of 10.00 feet to said Northeasterly right of way line of U.S. 41; thence along said right of way line North 39'05'20" West a distance of 62.99 feet to the POINT OF BEGINNING. Containing 2132.80 square feet, more or less. NOTE: Basis of Bearing is the East line of Section 13, Township 50 South, Range 25 East, bearing being North 01'35'20" West. SHEET 1 OF 2 Parcel Name: Catalina Utility Relocation 10' Utility Easement 16C3 COLLIER COUNTY GOVERNMENT COUNTY GOVERNMENT CENTER 3301 E. TAMIAMI TRAIL, BLDG. H NAPLES, FLORIDA 34112 SECTION 13 and 18, TOWNSHIP 50 SOUTH, RANGE 25 EAST Additions or deletions by other than the Professional Land Surveyor in responsible charge is prohibited. Land Description is invalid without signature and /or embossed seal of the Professional Land Surveyor EXHIBI \ Page 2 of _ Z \ o 30.0' FLORIDA POWER & 0 /LIGHT COMPANY EASEMENT z Z gC' Q NAPLES SOUTH y 1 y- UNIT NO. 1 SKETCH PLAT y BOOK 4, PAGE 90 NOT A SURVEY �y�� OUTLOT "B" F LINE TABLE '0. s \ Line Bearing Distance G 019. L1 N 50' 54' 40" E 10.00' s 0 � � L2 S 50' 54' 40" W 10.00' szj 2� u" v �s 9J T�9/ OPT POINT OF BEGINNING L�`Q EAST LINE OF SECTION 13, 6�S• \ (P\\�e�P� TOWNSHIP 50 SOUTH, RANGE 25 EAST 'o �• �y GP QF 0 Z POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 50 SOUTH, TBE GROUP, NC. RANGE 25 EAST E.9- 4rs.Mamre. svewvyece UNrrr Enphere _ 9rrwtwrs m0 Ngyre (nn esnw.wva u.w.wv, nwun ]Jrt9 xse. °wnsmts a w uwd w u (n en as , w. 0 not rtw,sa CALCULATED BY: The above Sketch and /or Land description was JDL correct to the best of my knowledg and belief panda meets under he standards oionsa and true and CHECKED BY: Chapter 6 1� Florida Administr ive Code. •` } DJH DATE DEBORAH J. HILL, P SSIONAL SURVEYOR AND MAPPER LICENSE NUMBER: 5196 STATE OF FLORIDA PHONE 727 531-3505 SEAL SHEET 2 OF 2 Parcel Name: Catalina Utility Relocation 10' Utility Easement ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 4 Prim co pirdt paper. Amish to arigmal doetu ens Original documeaa should be band delivered to the Board Office.' ,,,oamplemi routing 39p and origins( docents are to be fotwuded to the Baud office ardy aft tba Board has udmm,,tim on this it.®.) . . .. ROUTING SLIP - C®p1Cn analog am #1 through #4 as appropriate for additimal sipar � dares, and/or infooaadca needed_ K the doeummtis ahesdy complete wide the tins afthe C3a®m's draw a line thorn rvatin hm #1 thrn #4. lute the chr+•ttt.. roll focwud m SueFls® (Gnu #S1. Route to Addressees) Office Initials Date • is rostra orda7 - - .. ...._ . 2_ 3. 5. Sue Filson, Executive Manager Board of County Commissioners Minutes and Records I Cleric of Court's Office: - PRIMARY CONTACT' INFORMATION Me primary miner is the holder of the anginal docaanent pending BCC approvaL Normally the primary canmet is the person who C=Md(prepued the ==dw summary. Primary contact information a needed in the event one of the addressees above. including Sae F(sm need to == staff for addidooal w missing information. All original docunieac needing the BCC Chairman's signaoue are in be delivered to the BCC office only after the BCC has aced to approve the iem) Name of Primary Staff I Y!�Q rlYM Phone Number Contact [ �/I)'1��aualih.7 r+genaa Late item was I Agenda item Number Approved by the BCC Type of Document Number of Original Attached Doctvnents Attached 0nG-- L• Dams! County Forms/ BCC Farms/ Ongiml Dxrrmems Ro=g Slip W WS Original 9.03.04, Revised 1.26.05. Rcvfsrd =4.05 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes I N/A (Not appropriate. (Initial) linable) 1. Original document has been signed ruutialed 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 possibly State Officials.) 2. All handwritrev.sttilte- through and revisions have been initialed by the County Attorney's Office and all other parties ex=pt the BCC Chairman and the Clerk to the Board N A I The Chaimpan's signanve line date has been entered as the date of BCC approval of the , document or the final negotiated contact dare whichever a applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signatum and imittals are required. 5. In most cases (some contacts 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 regnire'forwarding to Tallahassee within a certain ' time flame or the BCC's actions are nullified. Be ware of ors deadlines! 6. The document was approved by the BCC ov (eater date) and all rlchanges made during the meeting have been bactirpomled in the attached document The County Attorney's Office has reviewed the changes, if applicable. L• Dams! County Forms/ BCC Farms/ Ongiml Dxrrmems Ro=g Slip W WS Original 9.03.04, Revised 1.26.05. Rcvfsrd =4.05 1: R MEMORANDUM Date: April 8, 2008 To: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Utility Easement Project: MPS Spill Containment Project MPS 304 (Folio: 00395680009) Attached please find the original Easement Agreement (Agenda Item #16C4), as referenced above and approved by the Board of County Commissioners on Tuesday, April 8, 2008. Please return document to the Minutes and Records Department to be retained for the public record. If you should have any questions, please call me at 252 -7240 Thank you. 411 0 l Ux; 4J41 P U '; 11 L / PROJECT: MPS Spill Containment Project, MPS 304 RECORDED in OFFICIAL RECORDS of COLLIER, COUNTY, FL 04/08/2008 at 01:49PH DWIGHT E. BROCK, CLERK FOLIO NO.: 00395680009 REC FEE 27.00 COPIES 3.00 UTILITY EASEMENT Retn: REAL ESTATE SVCS ATTN NARLENE BIT 8922 INTER OFFICE 1604 THIS EASEMENT, made and entered into this day of QP,7L 2008, by COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose post office 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 or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility purposes, and access, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water and sewer lines and pipes, lift and pumping stations and other equipment or improvements appurtenant thereto for the purpose of constructing, operating, and maintaining utility facilities thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: ATTEST: DWIGHT E. BROCK, Clerk 9Mtwy oa 1 � Approved as to form and Legai sufficiency Sen It y 0pech o Assistant Count ttorney BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA BY: Tom ning, Mairman This Conveyya�nce Approved By The Board Of Coun Commissioners Collier County Florida, Pumuapt Date: To f9ter Agenda Date: C� tem No: �� m a 0 0 n F N O '6 N i v a 0 C r t 0 v i a E i i o` N O °I N Z O F U w N w Z J H 3 POINT OF COMMENCEMENT l 1 2007 Boyle Engineering Corpora Hon � = OR: 4341 PG: J7gC 0 Z 0 40' 80' Scale: 1" = 40' N89'55'00 "E BEARING BASE (PLAT BOOK 3, PAGE 62) NORTH LINE SECTION 24/50/25 SURVEYOR AND MAPPER'S SIGNATURE I. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. (ORB 1027, PG 678) PROJECT NAME: COLLIER COUNTY MPS 304 SKETCH AND DESCRIPTION THIS IS NOT A SURVEY RICHARD H. SMITH, PROFESSIONAL SURVEYOR ! MAPPER STATE OF FLORIDA NO. 5239 LICENSED BUSINESS NUMBER LB 7622 F304�LE Scale 1 " =40' REVISIONS: REVISED BOUNDARY 12/10/07 t Sheet 2 OF 2 Field Book: Page: Field: 6D 3550 S.W. Corporals Parkway, Palm City, Florida 34990 Computed: jLj Date FILE NO. Project No. (772) 288 -3883 Fax: (772) 286 -3925 12/4/07 19010to O 19010 BPR & FHPE I;cense Na: 2005 ... .6avlee "m "��ri " ".� ",., Checked: RH$ P THOMASSON DRIVE o 3 0 Ln POINT OF BEGINNING ) �00 i'DO "E N89'55'00 "E 97.27' Ci 72 _ ° 32.63' 37909'50 "E w to e0 3 Tom] ?' U7 2 it O f CI O Z � Do O O !n N89'1 3'02 "W S88'53'56 "W 71.46' 57.90' SURVEYOR AND MAPPER'S SIGNATURE I. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. (ORB 1027, PG 678) PROJECT NAME: COLLIER COUNTY MPS 304 SKETCH AND DESCRIPTION THIS IS NOT A SURVEY RICHARD H. SMITH, PROFESSIONAL SURVEYOR ! MAPPER STATE OF FLORIDA NO. 5239 LICENSED BUSINESS NUMBER LB 7622 F304�LE Scale 1 " =40' REVISIONS: REVISED BOUNDARY 12/10/07 t Sheet 2 OF 2 Field Book: Page: Field: 6D 3550 S.W. Corporals Parkway, Palm City, Florida 34990 Computed: jLj Date FILE NO. Project No. (772) 288 -3883 Fax: (772) 286 -3925 12/4/07 19010to O 19010 BPR & FHPE I;cense Na: 2005 ... .6avlee "m "��ri " ".� ",., Checked: RH$ P 0 m a 0 0 n E to a r V E z° 0 i 8 0 s s 6 a 0 r z 0 E 0 a * ** OR: 4347 PG: 1729 * ** DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTHWEST QUARTER WITH THE EAST LINE OF THE WEST 990 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 89'55'00" EAST ALONG THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTHWEST QUARTER, A DISTANCE OF 32.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'55'00" EAST ALONG THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTHWEST QUARTER, A DISTANCE OF 97.27 FEET; THENCE SOUTH 01'11'31" WEST, A DISTANCE OF 9.87 FEET; THENCE SOUTH 79'09'50" EAST, A DISTANCE OF 32.63 FEET; THENCE SOUTH 00'47'16" WEST, A DISTANCE OF 48.94 FEET; THENCE SOUTH 88'53'56" WEST, A DISTANCE OF 71.46 FEET; THENCE NORTH 89'13'02" WEST, A DISTANCE OF 57.90 FEET; THENCE NORTH 00'47'16" EAST, A DISTANCE OF 65.38 FEET TO THE POINT OF BEGINNING. LYING IN COLLIER COUNTY, FLORIDA. CONTAINING 8082 SQUARE FEET. 2007 Boyle Engineering Corporation PROJECT NAME: COLLIER COUNTY MPS 304 LICENSED BUSINESS NUMBER LB 7622 gp4�L�c Scale: NSA REVISIONS: REVISED BOUNDARY 12/10/07 t Sheet I OF 2 Field Book: Page: Field: 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: SLS Dote FILE I Project No. BPR k FBPE1LcenseBNo: 2005 (w7w0.286-3i125 o een3neern .com Checked: RHS 1214/07 1901010po 19010 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI 6D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO y 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 dl through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the Is d h ti lines 41 throw h 94 corn Iete the checklist and forward to Sue Filson (Iine#5). exception of the Chauman move s signature, dm a n e hrou Route to Addressee(s) (List in routing order) row m Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) /0 b G �/ /D 2. Chairman Tom Henning BCC Agenda Item Number 16D— t 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. Normally the primary contact is die 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D— t Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original I Attached r " & -I a %I-*?- L /Iv Documents Attached IN.cTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 2ossibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attomey's y/f n/a 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 of BCC approval of the document or the final negotiated contract date whichever is ap2licable. 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during �, n the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D1 Return to Frank Ramsey Collier County HI IS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 170 -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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Beatrice Louimare and Lutherken 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: 00 a. m U c. W O a v C`% Y r7 .j � o try U !C a Y � V V wa V V O W K o r V Y m C7 a �o � o x x` G� F m z, F- >:am r; 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: 4348 PG: 1136 1601 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: DWIG14rE. Bi(IJ IC, Clerk B Atf0�4 "a5 WC4jr,WWo4y Clerk sign ! ;gj.4.0. 1Wr�iltn_esses:�I I Print Name "OL(-4,a ✓a� WitnessesL� Print Name ar`Y- ti /p V etd0.- STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: TOM'-fIENNIIIG, CHAIRMIN OWNER a �- � Beatrice Louimare OWNER: Lutherken Louimare The foregoing Agreement was ack�owjedged before me this � day of,—*Kl Gyl CAN.- > 2008, by�pe ��►ia�rKw - lQLv;k*,hv-*rsonally known to me or has produced as proof of identity. MY COMMISSION 9 DD594425 MMES: SgAmba 12.1010 V R.Ndvy Di¢wntA Cu Ile"111 and Jeffrey Cl ef AI$w As JstarJACounty Attorney of Person Taking Acknowledgment R—W•a Collier County Housing and Human Services * ** OR: 4348 PG: 1137 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 111, 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 3667 Justice Circle, Immokalee, 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 _ /_/ 16D 1 qo4 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 1 6 D 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 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 41 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the __ie.e .r,,. ,t F rward rn Sne Filson (line#5). exception of the Chairman's signature, draw a line mrou n Route to Addressee(s) (List in routing order 1.Frank Ramsey routing mms n r ....uu Office Housing and Human Service Initials Date 2. Chairman Tom Henning BCC Agenda Item Number 16D _Z 3. appropriate. 4. Impact Fee De;errag t n Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. Normally the primary contact is the person who createtrprepared 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 die BCC 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact Agenda Date Item was 04/08/2008 Agenda Item Number 16D _Z Approved b the BCC appropriate. Type of Document Impact Fee De;errag t n Number of Original I Attached {eem E Documents Attached rlvcrrutrf TfnNC R C'HF,C'KLIST 1: Forms/ County Forrns/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) appropriate. 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 possibly State Officials.) 2: All handwritten strike- through and revisions have been initialed by the County Attorney's �O Jf� n a 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 of BCC approval of the -7/ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's �y / h- 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during _n f� the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forrns/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey Collier County HITS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 137 -IF This space for recording 1602 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 "Jonel Senat and Micheline Senat" (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: m a4 m U c. a0 � Y M c" a �~ o oa P-s o x U U O CQ w C O Q M o a o e— U 'S pJ [J c s O N C H � V C try a- - LO o 0 v r. cr G] ry 0 rr, E. a C C M al 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: 4348 PG: 1139 70 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. 9. 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:, >_ r)wW*''k. '- VPft6C' -K_ Clerk , Deputy Clerk rman s Witnesses: Print Name Illor korc �i� ctt�tJ� Witnessses: int ame Nu,.-iIc- Ujc, L-. U STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RIDA, By: TOM HENNING, CHAIRM OWNER: Jonel Senat OWNER: � 3Yll V+111VluiV uV• MY COMMISSION A DD594425 EXPIRES: seem, 12.2010 M. Naar Ol t Co. Th foregoing Agreement w acknowledged before me this L�.(�_ day o 2008, y _v1 ,A -Ag— who is personally known to me or has prod ed Ignat proof of identity. VI RGINIA Siur of Person mg Acknowledgment MY COMMISSION A DD594425 '�� 001111&SWe *WIZ2010 1401N.NOTNtt K"*q N ---- CY M T11 Chief form Recommend Approval. Macy: -moo ol�c w Marcy Krumbine, 1v County Attorney Director Collier County Housing and Human Services ; -;1 * ** OR; 4348 PG; 1140 *** 16D2 EXHIBIT "A" LEGAL DESCRIPTION Lot 25, 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 3620 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 JAK Approved _ /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b 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 . . I I ...__.. -- ...:__ 1:--, 41 .h.,.....r, AA W, the d,e,klio and forward to Sue Filson (line #5). exception of are cnauman s st mutau, maw a uno . „ Route to Addressee(s) (List in routing order) 1.Frank Ramsey _ -- Office Housing and Human Service Initials Date I r /dlo �(o/ 2. Chairman Tom Henning BCC (Initial) Applicable) 3. 04/08/2008 Agenda Item Number 16D_� 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original l 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the nem. Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D_� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral ASreement Number of Original l Attached r t t 5t� t f Documents Attached INSTRITCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 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 possib!y State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Y 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 Filson in the BCC office within 24 hours of BCC approval. y/J 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 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 167 -IF This space for recording 16D3 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this Ij day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean- Jacques Seide and Marie Seide" (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." 00 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 �+ o not later then the closing of the sale, or not later then the effective date of the transfer. As set c 5 ° forth in Exhibit `B," the amount of the deferred impact fees is Twelve Thousand Four � o � 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 V S CD a s event shall it exceed twenty -five percent (25 %) of the total fee amount. x U 4 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien o.c.b 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 E F ; the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this d. p �m 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: 4348 PG: 1142 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 Angst: D WI E.-BRO - ,Clerk c y ty Clerk t�eti�CS to CAet i} s signature oal• i R' . /� Witne es: 0 Print Name d STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA, By: $Ion ENN G, CHAI N R: ean-J OWNEacqu Seide • ' t' Marie Seide The foregoing Agreement w s acknowledged before me this 1� day of 2008, by Jwt,-�c,_ PC' &-,4ewho is personally known to me as proof of identity. [NOTARIAL SEAL] s V V V'J41(4a'f�('fbV:! JAY:'. vv v v. j�. ♦�� III 2i;J (i� and Jeffrey i is IQlow Chief A t County Attorney )JO ,"/k , or has produced Signature of Person Taking AcknoWleddfnent Z Approvbine, A Director Collier County Housing and Human Services * ** OR: 4348 PG: 1143 EXHIBIT "A" LEGAL DESCRIPTION 1 b D 3 Lot 48, 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 13469 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 JAK Approved _ /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 0 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 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 41 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already completewith the �, .v_.,,...r. 4n ,.,,,.,.aara rhP rherL,1kt and forward to Sue Filson (line#5). exception of the Chairman's signature, draw a line wruu m Route to Addressee(s) (List in routing order 1.Frank Ramsey muuu nu.> .,,— . Office Housing and Human Service . . Initials Date I plO (l 1 00 2. Chairman Tom Henning BCC (Initial) Applicable) 3. 04/08/2008 Agenda Item Number 16D _ I1 �l 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D _ I1 �l Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached _ ^ C) I I •SCLere rr Documents Attached TNCTUrl(`TrnNC Ar CHECKLIST I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 Attomey'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 Rossibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 7r 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Return to 1604 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 164 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100016 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this �j day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Jouissance" (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: 00 a4 V G. a, o � er r--I �D V O tr � E- u z m c� a 1_4 3 u a " ° 0 a= a r> aE, � a E+ C ) �w o w s rr w m F H a ! YJ 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 tern 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: 4348 PG: 1145 may, at its sole option, collect the impact fee amount in default as set forth in the Ordit,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:. DWIGFIT E. BROCK ,-Clerk ALt"t i}s tyia- S i ji aikir `on l » fh")%Clerk i ness Print Name � e- i\ 1 Witnes§es: Print Name T-�v STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER By: COUNTY, FLORIDA, p/ TO ENN G, CHAIRMfN OWNER: Marie Jouissance OWNER: The foregoing Agreement was acknowledged before me this l � day of d arclk , 2008, by IMcyrtc Lwi-,salcc� , who is personally known to me or has produced -;7-L_. A�!, L _ as proof of identity. and Jeffrey Kl ow Chief A ist County Attorney Signature of Person Taking Acknowledgment Recommend Appr val: �O Ma cy Krumbine, A Director Collier County Housing and Human Services * ** OR: 4348 PG: 1146 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 179, 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 13504 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 TOTAL IMPACT FEES JAK Approved _ /_ /_ 16D4 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 SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 5 ( oq 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 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already completewith the .._u un .»...lore h. and forward to Sue Filson (line #5). exception of the Chairman's st nature, araw a nnc into a Route to Addressee(s) (List in routinE order 11rank Ramsey wuuu ,�, �, ..•..,,.. • �„ ....•.•.•_._ _._ _._____., _ - -_ Office Housing and Human Service Initials Date 2. Chairman Tom Henning BCC (Initial) Applicable) 3. 04/08/2008 Agenda Item Number 16D _ 5 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D _ 5 Approvedby the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee rral Agreement t r Number of Original 1 Attached % 1t \/&V Documents Attached 1NQT)21rCT1nNR Rr CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 2ossibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the /j document or the final negotiated contract date whichever is applicable. 7� 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 m y w m v o. au o 6' V r- �� F r-� O r� U eG a� H N lJ N Qe O X U V (✓V w � V S N Ch C> °3 O s cr w' a` a . F� m E V E 0.. Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 163 -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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Roger Bolivar and Lomene Bolivar" (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: 4348 PG: 1148 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' DWIGHT, E, BROCK„Clerk �,. C Clerk �tt�eA., -#s„0 haI W signature onlw W esses ` a — Print Name Witnoses: Print Name BOARD OF COUNTY COMMISSIONERS COLLIER CyKJNTY, JPORIDA,. By: TOM HENNING, CHAIRMAN OWNER: Roger Bolivar OWNER: Lomene Bolivar STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing A reement wag/ acknowledged before me this I % day of 2008, by ' � + f r 4 onk — �y l r � ar , who is personally known to me or has produced 'F L n as proof of identity. A BvI�IL.SEALj •' -! Signature of Person Taking Acknowledgment s4'W V41NV V '� �lttr'JV �'V V'.�N1/1A` Tas Recom end Approv cy Krumbin Py Attorney Director Collier County Housing and Human Services * ** OR: 4348 PG: 1149 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 177, 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 13496 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 TOTAL IMPACT FEES JAK Approved _ /_ /_ 1605 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 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6D6 THE BOARD OF COUNTY COMMISSIOINERStIOFFICE eFOR SIGNATURE Print original Print on pink paper. Attach to original document. Original documents documents are to be forwarded to the Board OBice only after the Bond 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 completewith the _ . _. . .. __. _ n.. act 0,h xa -1,t, thr rherkli,t and forward to Sue Filson (line#5). exec non of me t,natrman s s nature, maw a � �,,,. , Route to Addressee(s) (List in routing order 1.17rank Ramsey ,.,� ... ........... ......_ .,.., __....__ __ Office Housing and Human Service Initials Date 2. Chairman Tom Henning BCC (Initial) Applicable) 3. 04/08/2008 Agenda Item Number 16D —� 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created�prepared the executive summary. Primary contact information is needed in the event one of he 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D —� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original I Attached tk 5 6 c4 r' Documents Attached TNCTR1JC.T10NS & CHECKLIST I : Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's 754-'* n/a Office and all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 1 document or the final negotiated contract date whichever is applicable. I 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. J` 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. W 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 04/08/2008 and all changes made during v , the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I : Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.05, Revised 2.24.05 Return to Frank Ramsey Collier County HNS 3301 E. Tamiami Trail Naples, Florida 34112 m m w w m V G. m O m u O a- �~ o C a m Qa o ee U V pp w a M o m o F U P m C'J a.. Ly M a: ao File# 08- 169 -IF This space for recording .1. 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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Melissa Scott" (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: F. a m s m F. 1.. x a F. E. 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; 4348 PG; 1151 1606 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 as tO chairwa -awtity Clerk si'gne cal■ Witnesses: '— A l/ y- a L P/ Print Name Madha Alvarado MWIA STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, �( By: Igl 0 U ENN G, CHAI OWNE ' elis a Scott OWNER: The re of g Agree rt wledged before me this -Y-- day of 2008, by who is nersonally known to me or has produced as proof of identity. MY f F1MMI §tiION N UD594447 �75'x7/P,�.4 tVGi'IN4i5. Xc9talrlYO+ 12, 2070 �1 NOIARV f'I. Nnlby Ulswtii�i M1WtC CO. form and Jeffrey �� I tzrow Chief A 2st t County Attorney Sig e of Person aking Acl wledgment Recommend Appr val: p cy Krumbin , PA Director Collier County Housing and Human Services * ** OR: 4348 PG: 1152 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 113, 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 3691 Justice Circle, Immokalee, 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 I. Law Enforcement Impact Fee TOTAL IMPACT FEES JAK Approved /_/ 1606 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 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1607 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 ___, __ I:___ ur U.. i, un h ra m,. ohP klicr and forward to Sue Filson (line45). exception of the Cnanman s signature, uraw a nuc u,-- Route to Addressee(s) (List in routing order I. Frank Ramsey Io"n. ,. .... ... .......... .... __...._._ ..._ __ _. _ , Office Housing and Human Service Initials Date i 0 2. Chairman Tom Henning BCC Agenda Item Number 16D — 3. Original document has been signed /initialed for legal sufficiency. (All documents to be 4. Impact Fee Deferral Agreement Number of Original l 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of die original document pending BCC approval. Normally the primary contact is the person who created1prepared 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact Agenda Date Item was 04/08/2008 Agenda Item Number 16D — Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be Type of Document Impact Fee Deferral Agreement Number of Original l Attached I t L yx t U'a f' Documents Attached TNCTRT fCTtnNC Rr CHECKLIST I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 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 Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey'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.) 1 All handwritten strike- through and revisions have been initialed by the County Attorney's B n a 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 of BCC approval of the -1B document or the final negotiated contract date whichever is applicable. /y-- 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24 05 ao or ao V 0. M O S' V M r re U K i1y O K V O V S Ix-" o s a s, 0 O V s Cl E E V O Pu K LY m Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 157 -IF This space for recording 1607 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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Ulrick Liberus" (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 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; 4348 PG; 1154 16D7 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: DWWGHT E. BROCK, Clerk =t- A. 03 i Craj t Clerk foi, ' Witness Print Name STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, F ORIDA, �/ By: 1q 0 b TO HENNING, CHAI N OWNER: j Ulr ck Lb e s OWNER: The foregoing A reement was acknowledged before me this day of '(,'� `4- 2008, by 111ficG who is personally known to me or has produced �... r- L L as proof of identity. [NOTARIAL SEAL] �tinn�vs ..-„vvtnnnn,r,�,,runn.vv. and Jeffrey Kl %zkow Chief A ist t County Attorney Signature of Person Taking Ackn' ledgment Recom end Approval: M rcy Krumbi e MPA Director Collier County Housing and Human Services * ** OR; 4348 PG; 1155 EXHIBIT "A" LEGAL DESCRIPTION I " D 7 Lot 56, 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 13501 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 !AK Approved _ /_ /_ ORI TO GINAL OMPPANY ALL ORIGINAL CHECKLIST OCUMENTTS SENT TOLiPj 6 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. ff the document is already completewith the . __ _ : --- I -— e..,.., � 1; 9,.,.,,.,h. -fl lines a1 rhrmivh #4 cmmnlete the checklist. and forward to Sue Filson (line #5). Route to Addressees) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service /- Applicable) 2. Chairman Tom Henning BCC Agenda Item Number 16D— 0 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee D ferral Agreement Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners u 1 + e� t ' 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. 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 Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the _h Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D— 0 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee D ferral Agreement Number of Original I Attached u 1 + e� t ' Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's �p n/a Office and all other parties except the BCC Chairman and the Clerk to the Board T r_ 3. The Chairman's signature line date has been entered as the date of BCC approval of the -may L document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. �O 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 J m m w a. m V d m O Return to a. � x r'i U PG K C m V N Q+ om V V M o m � a z- m �7 a 4 � V K - O o o .r u' ,zr. m o� O -- m a Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 161 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS r This Agreement is entered into this 19f day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Sueko Nakasone Holland" (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: Y E+ C d^ O m E U E W+ O < iG 5 m Y m E E a cn H � 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: 4348 PG: 1151 16 D g 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: DWIGHT°E. BROC.K, Clerk B P Deputy Clerk �tQSi E}f to 4`iadlrmatl 3 sf�atr� onl, Witnesses: �Wa'jj.al Print Name t-, ar-VvLa- A,10-e-" A� STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER C TY, F ORIDA, Q� By: g�oU TOM HENNING, CH N OWNER: r / / /� r''�- Jl� Sueko Nakasone Holland COMMON.iI Th foregoing Agreement was acknowledged before me this f JA day Ad &—e , 2008, b who is personally known to me or has produced ' 'S. VIItG �I MY COMMISSION q DD594425 '� � PXPIRFS:Sgxaobc 12.2010 AfIIJNMMV R. Tkb1Y DiYmnI NOe Ca and Jeffrey Kl kow Chief A ist County Attorney S proof of identity. 1.4)'r A6MA'�af OA� Si naq& of Person Taking Acknowledgment Recomme4Appro l: M cy Kr A Director Collier County Housing and Human Services * ** OR: 4348 PG: 1158 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 106, 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 3647 Justice Circle, Immokalee, 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 I. Law Enforcement Impact Fee TOTAL IMPACT 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 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI 6 n 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U `j 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. 'rho 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 rrntinn of the Chairman's sipnature . draw aline through routine lines #1 through 44. complete the checklist, and forward to Sue Filson (line #5). ----------- _- __ ___ - -_— Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applicable)— 2. Chairman Tom Henning BCC Agenda Item Number 16D —C) 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the mA Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable)— Agenda Date Item was 04/08/2008 Agenda Item Number 16D —C) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached �� r'' � Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A of appropriate. (Initial) Applicable)— 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's _�O n/a Office and all other parties except the BCC Chairman and the Clerk to the Board / h 3. The Chairman's signature line date has been entered as the date of BCC approval of the �Q document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. _74 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 04/08/2008 and all changes made during n the meeting have been incorporated in the attached document. The County Attorney's � WL_ Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey Collier County IMS 3301 E. Tamismi Trail Naples, Florida 34112 File# 08- 168 -IF ao V LY OO O pG V CT. r Ili E^ _ a ti V V� o0 w a M ao �" 3 H S V rtt CQ w <M L� o 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 5 day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Marlene Rocher" (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: 0 E^ 6 < O a_ E. F- 0 0: o� 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: 4348 PG: 1160 16 D 9 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:'� DWIGHT t. BROCK;-Clerk Deputy Clerk Attitt ai; run s Signature onIw Witnesses: it Print Name 0r*Vta 1✓0,' a STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FL By: TOM HENNING, CHAIRMA 611,TJ I Marlene Rocher OWNER: The regoing A r nent wq acknowledged before me this A day of 2008, by who is personally known rr, me or has produced as proof of identity. "('"MIN910N d [0504441 rxrl"A 9ept"& 13, 2010 Fi. Nh'vtl"s —m —en and Chief Assistant Wunty Attorney re of Person Taking Acknowledgment Imend Appr vaumbine, PA Director Collier County Housing and Human Services * ** OR: 4348 PG: 1161 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 37, 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 3668 Justice Circle, Immokalce, 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 /_ /_ 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 1 h TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U „l 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 41 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already completewith the exception of the Chairman's signature. draw a line through routine lines N I through N4, complete the checklist. and forward to Sue Filson (line N5t. Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) u p 2. Chairman Tom Henning BCC Agenda Item Number 16D — t O 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 04/08/2008 Agenda Item Number 16D — t O Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached tx J�J_p 13 " Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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 possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's / n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 9- 3. The Chairman's signature line date has been entered as the date of BCC approval of the `4V document or the final negotiated contract date whichever 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during A the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey Collier County EMS 3301 E. ruminant Trail Naples, Florida 34112 File# 08- 165 -IF This space for recording 16010 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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jesumene 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. ao 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 S 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 N s not later then the closing of the sale, or not later then the effective date of the transfer. As set a m c7 "; forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four tz. o o 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 o Q event shall it exceed twenty -five percent (25 %) of the total fee amount. rn o 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 o� Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall o_ d. 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 Q 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 E• V F. a. 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. 4348 PG; 1163 16D 1O 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: DWIGHT E. $$OCK, Clerk °Attest as to Cha I uty Clerk signature on Wit ess�s: Print Name G c STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, F ORIDA, By: lgIa T09 HENNING, CHAIR 4A N OWNER: esumene Jules OWNER: The foregoing Agreem nt was acknowledged before me this / -7 day of Idct'i_� —, 2008, by _,� , ,c �� who is personally known to as proof of identity. and Jeffrey Chief t ,nnnnnr,vw�ivw� ; 11'l!N �N'hMn gw/1M1AVJ 1: form me or has produced Signature of Person Taking Ackno edgment r° R mend proval: ?»4:` COW cy Krumbme, MPA County Attorney Director Collier County Housing and Human Services r * ** OR: 4348 PG: 1164 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 54, 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. 1 l7 70mi 13493 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 TOTAL IMPACT FEES JAK Approved _ /_ /_ 16D1® 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 TO ACCOMPANY ALI, ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 1 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 exception of the Chairman's sienature, draw a line through routine lines # 1 through 94, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order Office Initials Date I.Frank Ramsey Housing and Human Service (Initial) Applicable) 2. Chairman Tom Henning BCC Agenda Item Number 16D _ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D _ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached tt �..-� .+ CC,, -C Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903,04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a 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 of BCC approval of the document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. �v 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 04/08/2008 and all changes made during _ n the meeting have been incorporated in the attached document. The County Attorney's /��/ -- Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903,04, Revised 1.26.05, Revised 2.24.05 oa m �d mo a v w r� V hL a c m V V O cJ0 v. a 11 `10 M - �r a w o E+ rz 0 Y. F_ a. Return to Frank Ramsey Collier County nnS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 173 -IF This space for recording 16011 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 5- This Agreement is entered into this Zl day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Raye Lloyd and Avril Carr" (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 Four Hundred Eleven and 94/100 Dollars ($19,411.94). 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; 4348 PG; 1166 16 11 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: DWIGHT E. BROCK, Clerk -Attest as to C rVAW J1erk lignatn['t, Witnes s. Print Name US/.1- �/ -C t ✓� STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, c By: IOf o0 TNVKlENNMG, Chairm OWNER: -,� Raye Clolrd OWNER: Avril Carr The foregoing reement, vxas acknowledged before me this � day of 2008, by Qq�l� UuY F ✓r rr- , who is personally known to me or has produced Fz- 17rrJe r o(en Se, as proof of identity. LISA N. CARR � Puhlb d Sto FW* iy (�bpWAiI3] 2010 ` ' .i�.t..✓� ag ConWsWm 0 DD 191575 {±� Bonded a Nedonal Aeen. Signet re of Person Taking Acknowledgment form and Chief 4ssi�tant County Attorney Recommend Approval: Z4 ✓L ---(? arcy Kru ne, MPA Director Collier County Housing and Human Services OR; 4348 PG; 1161 EXHIBIT "A" LEGAL DESCRIPTION Unit 1406, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida 9055 Gervais Circle #1406, Naples, Florida 34120 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 System Impact Fee K. Sewer System Impact Fee TOTAL IMPACT FEES JAK Approved " Amount Owed $112.04 $90.11 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,411.94 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP] 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO •L 2 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 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine, lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date ].Frank Ramsey Housing and Human Service (Initial) Applicable) 2. Chairman'rom Henning BCC Agenda Item Number 16D _ I Z 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Afg�r.eement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. Normally the primary contact is the person who createNprepared 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D _ I Z Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Afg�r.eement Number of Original 1 Attached 1 t Ci�F! Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 �J 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 p n/a 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 of BCC approval of the document or the final negotiated contract date whichever 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 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! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's W1 Office has reviewed the changes, if applicable. . I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsev Collier County nnS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 172 -IF This space for recording 16D12 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ��y of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and `Babett Moser" (OWNER), collectively 00 or U n. W O a U 00 >: �o � o rI V EC 0' K m V ti U U U O O E U Z � U fY a a,o o � m t-1 = �r 0 0 ii. s F. a e� F 0 >a� w F F K V ,n pl 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 Seventeen Thousand One Hundred Four and 22/100 Dollars ($17,104.22). 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; 4348 PG; 1169 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: DWIGHT E._BROCK., Clerk r At t,st es t® ,Cha f r% putAy Clerk sI anU't xe't"iI Y Print �Kme Print N e (-4'i. *a- ,nl - �1 u ✓- STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. F ORIDA, By: TOM IENNI G, Chairman OWNER: Pckk) w y- Babett Moser OWNER: The foregoing Agreement was acknowledged before me this V day of 2008, by&k&k.M& set who is personally known to me Y(- as proof of identity. /Yl /,vYC Gi or has produced czjz") - (" Signature of Person Taking Acknowledgment Recomme d Approval: arc Krumbin , PA Director Collier County Housing and Human Services * ** OR; 4348 PG; 1110 * ** EXHIBIT "A" 1 16012 Unit 1401, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida 9055 Gervais Circle #1401, Naples, Florida 34120 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 System Impact Fee K. Sewer System Impact Fee TOTAL IMPACT FEES JAK Approved " Amount Owed $100.59 $78.84 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $2,290.00 $2,355.00 $17,104.22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL � 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 fonvarded 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 completewith the excention of (he Chairman's signature, draw a line through routine lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applic able) 2. Chairman Tom Henning BCC Agenda Item Number 16D --13 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 Chaimhan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 04/08/2008 Agenda Item Number 16D --13 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached n Z��4 n a'lu 6 Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. 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, —21"P 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 n/a 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 of BCC approval of the document or the final negotiated contract date whichever 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 Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain j time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126.05, Revised 2.24.05 a. m ma K V r F' �m a oY 00 �� M o P� o e. U S m C'J E5 p v lD "' v <� v �r Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 159 -IF This space for recording 16013 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 10-day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Cidouane Bazile and Edrine Andre" (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: F� F zm F� V V W m 2 74 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: 4348 PG: 1112 16013 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,,,, k DWIGHT E:$'ftOCK, Clerk '- Deputy Clerk Attest;ks to Chdireten s i�Illl�Ctart on) Witnesses: �-W IM� Q-k)a'� Print Name a r4za. A k ✓arado Witnesses: p Pri t Name NarA, �ac& STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER C (WNTY, F ORIDA, By: ilg1011 TOM HENNING, CHAIRMAN OWNER: ciato n 2 t` CL I.e- Cidouane Bazile OWNER: Edrine Andre The foregoing Agreement was acknowledged before me thi54A day of CM# 44k 2008, b6' who is personally known to me or has produced as proof of identity. "��MY COMMISSION #00594425 97,9natife of Person Taking Acknowledgment � IXPIRES: Seprmibc 12.7A10 � Fl. D'nmoJNaa Cw 1{UFJNOTMY �% 4gaien7cy: to Recommend Approval: Jow arcy Krumbi e, PA ounty Attorney Director Collier County Housing and Human Services OR; 4348 PG; 1173 * ** EXHIBIT "A" 16913 LEGAL DESCRIPTION + Lot 105, 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 3643 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 JAK Approved /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j ] /. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 G� 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 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already completewith the exception of the Chairman's signature, draw a line through routine lines # I through #4. complete the checklist and F rward in sip raenn n;.,axc� Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service ___-X 7f- �/ /� /O� 2. Chairman Tom Henning BCC Agenda Item Number 16D _ (� 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee Deferral Agreement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. Normally the primary contact is the person who created1prepared the executive summary. Primary contact information is needed in the event one of tie 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 04/08/2008 Agenda Item Number 16D _ (� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached \`ctayl�es .t- - k- %4,VS" Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. Dl 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 Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain (,L. time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 04/08/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to ' Frank Ramsey Collier County RHS 3301 E. Tsmiami Trail Naples, Florida 34112 File# 08- 166 -IF This space for recording 16014 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 March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Miss Denie Charles and Jean Fortilus" (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: m C7 W IG V G. a. C� Y wv .a a J x V CJ 00 ° w� °F V S M t7 o 0 O � A: o -- 0 o� S P- E- V E. R. o M E E 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 PL. M V' 16014 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: DWIGHT, E. MOCK, Clerk Dp¢ pft�n utYy Clerk Attest =as. to Cha s < -09natei 00 Wjt�essl -J ..�4 �� Print Name �Jr Qtt a Witne es: O Print Name &)(j-, mw Qo ra 'Lel U STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLn- 14 O TY, FL RIDA, By: 0a T OM HENNING, CHAIRMA OWNER: M,sJ T ENi C CHJ Lb Miss Deme Charles OWNER: rOr -61uf, faklf Jean Fortilus The fo egoin Agreement was acknowledged before me this day of 2008, by �� i<<� >` , who is personally known to me or has produced !7 L L, as proof of identity. [N A SEAL) Wo k F• form Jeffrey hief Kl tlkow C A t County Attorney Signature of Person Taking Ackn wledgment 10 Collier County Housing and Human Services *** OR: 4348 PG: 1116 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 55, 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 13497 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 TOTAL IMPACT FEES JAK Approved _/_ /_ 16D14 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 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 1 T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documcros should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ofl-we mh 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 - . , 1___. _ c.,..-#1throu-b 44 cmm�lete the checklist and forward to Sue Filson (line #5). exception ortne Chairman sst narmc, .unw o.„....,....0 ......, Route to Addressees) (List in routin order) .....,...�..._.._ ... ., ___. .__.__ JL Office Initials Date /l V 2. � ft� iiZ t;7 N 7,wNirt� Grants Support Specialist (Initial) Applicable) 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 16 D — 1-3- 4. Aril 8, 2008 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original Attached 6 6. Minutes and Records Clerk of Court's Office Documents PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC 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 BCC 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 Lisa Oien Phone Number 252 -6141 Contact Grants Support Specialist (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 16 D — 1-3- Approved by the BCC Aril 8, 2008 Type of Document Agreement (3) b�.� Number of Original Attached 6 Attached Resolution (3) Documents INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 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 X 3. The Chairman's signature line date has been entered as the date of BCC approval of the -7 / document or the final negotiated contract date whichever 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 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! 6. The document was approved by the BCC on April 8, 2008 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Date: To: From Re: MEMORANDUM April 10, 2008 Frank Ramsey, SHIP Program Coordinator Human Services Department Teresa Polaski, Deputy Clerk Minutes & Records Department Resolution 2008 -87 and Subgrant Agreement 16017 Enclosed please find two original and one certified copy of the Resolution and three originals of the Agreement, (Agenda Item #16D17), approved by the Board of County Commissioners on Tuesday, April 8, 2008. Please return a fully executed original upon it's return to the Minutes and Records Department to be retained for the public record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures(3) RESOLUTION 08 -87 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR $2,814,698.15 IN COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FUNDS RELATING TO HURRICANE WILMA, AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT; DELEGATING TO THE COUNTY MANAGER OR HIS DESIGNEE THE AUTHORITY TO SUBMIT REQUIRED REPORTS OR OTHER CONTRACTUALLY REQUIRED DOCUMENTS THAT ARE SOLELY MINISTERIAL IN NATURE; AND PROVIDING AN EFFECTIVE DATE. 16D17 WHEREAS, the United States Department of Housing and Urban Development (HUD) has provided Community Development Block Grant (CDBG) funding to the Florida Department of Community Affairs for Hurricane Wilma Disaster Recovery Initiative (DRI); and WHEREAS, pursuant thereto, Collier County has applied for a 2005 Round Two Disaster Recovery Initiative Grant from the Florida Department of Community Affairs (DCA) to fund housing rehabilitation, hurricane preparedness and community improvements in response to Hurricane Wilma's impact on low- income communities in Collier County; and WHEREAS, the DCA has awarded $2,814,698.15 in CDBG DRI funds subject to the Board of County Commissioners approval of the attached Federally- Funded 2005 Supplemental Disaster Recovery Subgrant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that The Board of County Commissioners hereby approves, and authorizes its Chairman to execute, the Federally- Funded 2005 Supplemental Disaster Recovery Subgrant Agreement, attached hereto and incorporated herein by reference, and authorizes the Collier County Department of Housing and Human Services to transmit the contract to Florida Department of Community Affairs and take all necessary actions to implement the CDBG DRI programs. 2. The County Manager or his designee is hereby authorized to submit reports and other contractually required documents, providing that such reports and documents are ministerial in nature. Page I of 2 16D17 3. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted after motion, second and majority vote, this eday of (I 1 2008. ATTEST: DWIGHT E. qlP n: r and Chief K, CLERK eouty Clerk to. &wm Attorney BOARD OF COUNTY COMMISSIONERS COLLltl-� C UNTY, ORIDA By: TOM HENNING, CHAIRMAi Page 2 of 2 Item# 1.LD —E - Agenda (� Date Date Rsc' eputy Clerk i 16 D 1I7 Agreement Number: 08DB- D3- 09 -21 -01 ZZ3 CFDA Number: 14.228 Applicable Rule: 9BER07 -1. Florida Administrative Code FEDERALLY - FUNDED 2005 SUPPLEMENTAL DISASTER RECOVERY SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and Collier County, (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the U. S. Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ( "the Subgrant Application "). (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT 16D�1 This Agreement shall begin upon execution by both parties, and shall end twenty -four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ,Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this Agreement, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the Department, with the following exceptions'. 16D17! 1. If any litigation, claim or audit is started before the expiration of the five -year period and extends beyond the five -year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five (5) years after final disposition. 3. Records relating to real property acquisition shall be retained for five (5) years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at , but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) if the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised: If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from Reciient resources obtained from other than Federal entities) p . Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the (e) 16D 17 following: 16D Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [An electronic copy shall also be submitted to aurilla parrish(d)dca state fl.us] and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [An electronic copy shall also be submitted to aurilla parrishgdca state.fl.us] and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular =18 A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. a) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stet. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide to the Department reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the department or are not completed in a manner "acceptable to the Department ", the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties. a 1601 (c) The Recipient shall provide such additional program updates or information as may be required by the Department. (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor 7 ii General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (g) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ( "Events of Default'), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in 16D17 this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in Paragraph (13) herein; this Agreement; (b) Commence an appropriate legal or equitable action to enforce performance of (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance; 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 16D17 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question, or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. under law. (f) Exercise any other rights or remedies which may be otherwise available (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. 10 16D17 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Jennifer A. Marshall 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 410 -0587 Fax: (850) 413-9356 Email: jennifer .marshall @dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Marcy Krumbine, Director 3050 North Horseshoe Drive, Suite 110 Naples, Florida 34104 Telephone: (239) 252 -8442 Fax: (239) 252 -2638 Email: MarcyKrumbine @colliergov.net 11 1601 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Activity Work Plan(s) Attachment C — Program Statutes, Regulations and Program Conditions 12 � cy Attachment D — Reporting Requirements Attachment F —Warranties and Representations Attachment H — Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J — Special Conditions Attachment K — FloridaPAPERS ID and Password Request Login Form (17) FUNDING /CONSIDERATION (a) The funding for this Agreement shall not exceed $2,814,698.15 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. (c) All funds shall be requested electronically through FloridaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For-Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre- agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 16D1 funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (1 g) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. (1g) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 -848 -3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are The lack of accuracy thereof or any material changes shall, at the option of incorporated by reference. 14 1601 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. This Agreement shall be construed under the laws of the State of Florida, and (b) venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of whom may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et se g.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, is lll'i l „I l supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 16 16017 (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat. (1) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INK)]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (o) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. 17 (21) LOBBYING PROHIBITION 6D 17 (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file M 16017 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre - existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement. IM (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier County BY: • Name and title: Tom Henning. Chairman Collier Countv Board of County Commissioners Date: 4 FID #: 596000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: .' Name and Title: Janice Browning Director Division of Housing and Community Development P41] 1601 AifES�� OMI r`i ERk Wputy 16rk Attest qs tp "FAaIIhW s signature` only Approved as to form and legal sufficiency: �I J ffre A. Klatzkow, C ie Assistant County Attorney 16017 EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14.228 $2,814,698.15 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note7 If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement and the Application incorporated herein by reference. The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. Note: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(x), Florida Statutes, require that the information about Federal programs and State projects included in Exhibit 1 be provided to the Recipient. 21 16D1 Attachment A Budget and Scope of Work 22 16D,17 D a d j j ^ o a U ME d ;� OU O r d U 0 n N d d N C W O O O E9 C7 �N vio o m Ed ° w° a n C� Z pYj q O O N N O r � D O O O W U d O < Y N N w W > a g a Y V N p p m b N m N O (pp Y Q- W d U d N K Y N OF m N W p NN J ° U Q o> O d J y Y Q O J m m U nE W w — ac W z z o W m m y) W m .MD N N m O b N Y J 6� J G a z W O D W m N N O r m o O mw g D J vd dm a g FQ DEa c m:?Eani J J J R.2 Zp m 6 3 Ld d Z d a .n v o a LL. do� f' U e E E C7 Zm adr LL N Z O � Z cU... � w W w cL¢ N C7 O K N O c O Z W Z W tp � LL D E c N ° t0 auZ g cv O O U `o N Z F,— J W m daL J J N OF d n— Y J F F Q d c E E K U ? 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Community Development Block Grant, Final Rule, 24 35. Protection of Historic and Cultural Properties under C.F.R., Part 570; HUD Programs, 24 C.F.R. Part 59; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Coastal Zone Management Act of 1972, P.L. 92 -583; 3. Florida Coastal Zone Protection Act, s. 151.52 - 161.58, 37. Architectural and Construction Standards; F. S,; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151; 4. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of flood Development Regulation Act, Ch. 163, F.S.; hazards; 5. Title I of the Housing and Community Development Act 40, Executive Order 11288, relating to prevention, control of 1974, as amended and abatement of water pollution; 6. Treasury Circular 1075 regarding drawdown of CDBG 41. Cost - Effective Energy Conservation Standards, 24 funds C.F.R. 7. Sections 290.0401- 290.049, F.S.; Part 39; 8. Rule Chapter 9B -43, Fla. Admin. Code.; 42. Section 8 Existing Housing Quality Standards, 24 9. Department of Community Affairs Technical C.F.R. 10. Memorandums; HUD Circular Memorandums applicable to the Small 43. Part 882; Coastal Barrier Resource Act of 1982; Cities CDBG Program; 44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 el. 11 12. Single Audit Act of 1984; National Environmental Policy Act of 1969 and other 45. seq.; Title VI of the Civil Rights Act of 1964 - Non - provisions of law which further the purpose of this Act; discrimination; 13. National Historic Preservation Act of 1966 (Public 46. Title VII of the Civil Rights Act of 1968 - Non - Law89 -665) discrimination In housing; as amended and Protection of Historic Properties (24 47. Age Discrimination Act of 1975; C.F.R. Part 800); 48. Executive Order 12892- Fair Housing 14. Preservation of Archaeological and Historical Data Act 49. Section 109 of the Housing and Community of 1966; Development Act of 1974, Non - discrimination; 15, Executive Order 11593 - Protection and Enhancement 50. Section 504 of the Rehabilitation Act of 1973 and 24 of Cultural Envlronment, C.F.R. 16. 17, Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; 51. Part 8; Executive Order 11063 - Equal Opportunity in 18. Endangered Species Act of 1958, as amended; Housing; 19. Executive Order 12898 - Environmental Justice 52. Executive Order 11246 - Non - discrimination; 20. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Section 3 of the Housing and Urban Development Act Floodplain Management; of 1968, as amended - Employment/Training of Lower 21. The Federal Water Pollution Control Act of 1972, as Income Residents and Local Business Contracting; amended (33 U.S.C., s. 1251 el.seq.); 54. Uniform Relocation Assistance and Real Property 22. Executive Order 11990 - Protecton of Wetlands; Acquisition Policies Act of 1970, P.L., 100 -17, and 49 23, Coastal Zone Management Act of 1968, as amended; C, F.R. Part 24; 24. Wild and Scenic Rivers Act of 1968, as amended; 55. Copeland Anti- Kickback Act of 1934; 25. 26, Clean Air Act of 1977; HUD Environmental Standards (24 C.F.R. Part 58); 56, 57. Hatch Act; Title IV Lead -Based Paint Poisoning Prevention Act 27. Farmland Protection Policy Act of 1981; (42 U.S.C., s. 1251 et. sec.); 28. Clean Water Act of 1977; 58. OMBCirculars A -87, A -122, and A -133, as revised; 29. Davis - Bacon Act; 59, Administrative Requirements for Grants, 24 C.F.R. 30. Contract Work Hours and Safety Standards Act of Part 85; 1962, 40 U.S.C. s. 327 et. seq.; 60. Section 102 of the Department of Housing and Urban 31. The Wildlife Coordination Act of 1958, as amended; Development Reform Act of 1989 and 24 C.F.R. Part 32. The Solid Waste Disposal Act, as amended by the 12; Resource Conservation and Recovery Act of 1975 (42 61. Emergency Rule 9BER06 -1, CDBG Disaster Recovery U.S.C., s. 6901 et. seq.), Funds; 33. Noise Abatement and Control: Departmental Policy 62. HUD program requirements for disaster recovery Implementation, Responsibilities, and Standards, 24 projects as published in Federal Register, Vol. 69, C.F.R. Part 51, Subpart B; No. 237 (December 10, 2004) [Docket No. FR -4959 - 34. Flood Disaster Protection Act of 1973, P.L. 92 -234; N -01 j. 24 Section It: Program Conditions - Disaster Recovery Initiative Program 16017 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the effective date of this Agreement, the Recipient shall complete the following: a, Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500 -1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions, b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; C. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter -local and /or subrecipient Agreement if more than one local government is covered by this contract. The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a copy of the following procurement documents: a. Public notice of the terms of the.request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; List of firms that submitted a proposal (only if short- listing procedure was used); d. Completed short- listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short- listed firms to the commission (only if short- listing procedure used), e. Completed final evaluation / ranking forms; Portion of commission minutes dealing with contract award; 25 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing �y information was not submitted with proposals); D h. Contract (signed or proposed); i. Truth -in- Negotiation certification (if not in the contract) for engineering contracts over $60,000, If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; I. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and M. If professional services procurement will not be undertaken, so advise the Department. 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and /or materials to provide those services and /or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and C. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty -five percent (25 %) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 26 i :� The documentation shall be submitted within forty -five (45) days of acquiring the property and 1 b prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre- acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty -five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within three - hundred and sixty -five (365) days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05 -2 CDBG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one -third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.4890). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 27 I 16D 1' to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. j 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days I of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and I assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 913-43, Fla Admin. Code. 15, The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right -of -way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub -grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare' portion of the requirements may be established in the context of the 2004 hurricane season damage. eZ 16D 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub - grant period. 23. If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight." regarding 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.63 (e) (2 ) final use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards, 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR- 4959 -N -01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub - recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 29 16D 1 Attachment D Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity ". 2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter: April 15, July 15, October 15 and January 15. If no activity has taken place during the reporting period, a zero ( -0 -) Request for Funds must be submitted electronically indicating "no funds required ". 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year: April 15, July 15, October 15 and January 15, In Section I indicate the amount of funds projected to be drawn down for the applicable reporting period. If no funds will be required, a zero should be reflected in the applicable reporting period. In Section 11, indicate current approved budget and available balance for each project activity. 4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department: April 15, July 15, October 15 and January 15. 5. A Section 3 Summary Report (HUD form 60002), as required by 24 CFR Part 135, must be submitted to the Department annually by July 31. The Department will provide a copy of the report form to the Recipient. 6. The Administrative Closeout Package must be submitted to the Department forty -five (45) days after the Agreement termination date. 7. In accordance with OMB Circular A -133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A -133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 91 ce 16D1 Attachment F Warranties and Representations Financial Management In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source documentation. Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 31 16017 Business Hours The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 32 Attachment H Certification Regarding Debarm6nt; Suapensiorf'iheliglbility And Volun[ary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Recipient's Name Signature DCA Contract Number Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 16D 17 Attachment J Special Conditions Prior to the expenditure of funds, the Recipient shall: 1. Submit and receive approval of a Housing Assistance Plan not constrained by SHIP requirements. 2. Submit a copy of executed sub - recipient agreements for all applicable service areas. 34 Recipient Colli w er - County Board Mailing Address (Str( 3301 Tamiami Trail I City, State� and zip C Naples, Florida Project Contact Persi Lisa Olen Collier ounty i ... ......... .. . ... .. Hlou-s. i Financial Contact Pet Terri Daniels Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant (CDBG) Program or Post Office Box) Services SIGNATURE AUTHORITY FORM Contract E-mail Address E-mail Address 16D 17 Collier County Housing and Human Services 1. terridaniels@collieEgov.net - - - ----------- ........ Requestsi for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): one signature [ X ] two signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during Name [ ] Check here if the above person Typed Name 1 Date Signature / - 1 I Lisa Olen -- - ----------- X Check , here 11.1 if ... the -1 I - above person will be the E-mail Address designated FloriclaPAPERS user. lisaoien@colliergov.net ------ -- ----- Typed Name Date Signature ((�� p Ana Diaz W .... . .... -- s& - ------------- P.M0 ix-faeck here if the above person will be the f E-mail Address designated FloriclaPAPERS user. o anadiaz@collier v.net ------------- - - . ... ... ......... . -..- - 9 ..... .. ----- - ... ......... ........ ....... . . . ------- -- I certify, as the recipient's Chief Elected Official, that the above signatures are of the indyiduals authpnzed to sign Requests for Funds and to submit RFFs electronically to the Small Cities Community Development B 'k Grafiintram using FloriclaPAPERS. P --- ----------- fi a Name -Date- S Inatu Tom Henning i ------ - ----- X Check here if your local government utilizes Electroni Fu Transfer (EFT) from the State of Florida. X Check here if your local government will be working on a reimbursement basis. -666G payments to local governments using EFTare automatically deposited in the local government's general account. If the account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http://fiair.dbf.state.fl.us/. Local governments re-c-el-Wrig EFT a-r--eim--bur-s-e-me-n-t-basis, must establish- anon - interest- bearing- account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name of Financial Institution A coo, u nt Nu- m ber Fifth Third Bank 113-8577 ............... ..... . Street Address or Post Offl ce Telephone Number 999 Vanderbilt Beach Road EST (239) 591-6 397 ... ..... . -------- - - - - ------- 6 --State-and Zip Code ty, T� Naples, Florida 34108 A'pprov & legal sufficiency uff" pp'ov s 6 Atth Jeffrey A lat w e y s ow tro lAstantt FOnt&y A rney Jeffrey sign t Chief Chief As stant ttorney Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant (CowG) Program SIGNATURE AUTHORITY FORM Recipient � Contract # Collier Count _Rwhng Address (Street or 3301 Tamiami 6 y,5tateanc Project Contact Person ! Telephone# Lisa Olen � 16U it Terri Daniels E-mail Address Collier Coug"ousing and Human Services tereidaniels@coll!tr Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): one signature [ X ] two signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during Name [ ] Check here if the above person will be the E-rhail Address I designated FloridaPAPERS user. Typed-Na-m- e___ Date 1 signature Lisa Olen -person [X ]Ch 1he-re if-the-above will be the E-mail Address TypedWme Ana Diaz Date- Sign t !T X ] Check here if the above person wt e e l certify, as the recipient's Chief Elected Official, that the above signatures are oJ the individuals authorized tn sign Requests for Funds and to submit RFFs electronically to the Small Cities Community Development Wck Grantpillogram using FloridaPAPERS. Typed Tom Henning___ fX-1-6eck here if your local government utilizes �ie-ctron�c-�'i-ulndZsTrayns�felr (3E75 �te_Sta feof [ X ] Check here if your local government will be working on a reimbursement basis. CD8Gpayments to local governments using EFTare automatically deposited in the local government's general account. If t account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's Localgovernments notreceiving EFT, andnot working on a reimbursement basis, must establish a non-interest bearing account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name of Financial Institution ber Fifth Third Bank ""�Iv C'L 113-8577 Streef Address-or Post-Office- Telephone Number 999 Vanderbilt Beach Road -rrl' (239) 591-6397 iency '1� pm* Att4lt 4%` Attachment K Department *f Community Affairs Florida Small Cities Community Development Block Grant (CDBG) Program Submit an Recipient SIGNATURE AUTHORITY FORM CollierC unt Board of County Commissioners MWiling Address (Street or Post Office Box) 3301 Tamiami Trail East Chy/3�� d Z 1p[o d e Naples, Flmid F�e��n Lisa Olen Coll # E-mail Address 16"D 117 Terri Daniels E-mail Address Collier County Housing_ and Human Services te el ests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [ X ] two signatures of individuals authorized below. No more than two individuals can be authorized to use FloriclaPAPERS. CDBG contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during m Mudd 45 15� Check here if the above person will be the E-mail Address 'Ile Signature ypedimame- Date Signature ---- I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFFs electronically to the Small Cities Community Development Block Grant Prqgram using FloriclaPAPEPS. [X ] Check here if your local government utilizes Electnonit Funds Transfer (EFT)-ffc [ X ] Check here if your local government will be working on a reimbursement basis. CDBG payments to local governments using EFTare automatically deposited in the local governments general account. If the account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's Local governments not receiving EF7; and not working on a reimbursement basis, must establish a non-interest bearing account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name ^�Yv � Street Address Office 999 Vanderbilt Beach Road A i FIE City, state-an d-- -Zip-- -Code --D'M" uArr F Naples, Florida 34108 M4,it as to 04 Account Number `. ^fpv' xax« Jeffrey A[ Klatz W 16D18 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 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 exception 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 ist Initials Date in routing order) 1. 2 3 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 Phone Number Contact \ Agenda Date Item was Agenda Item Number Approved by the BCC 2L0 Type of Document Number of Original Attached fDocuments Attached TNC„PT3TT!-9PTl%1krc1 n I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. _±ppropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (lnitial) Applicable) 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 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 of BCC approval of the document or the final ne otiated contract date whichever is applicable. "Sign 4. 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 (,.d 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 H z K 1 L' time frame or the BCC's actions are nullified. Be aware ofyour deadlines! �_ X eJ' 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated to the attached document. The on County Attorney's Office has reviewed the changes, if applicable. �T 19- I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: April 29, 2008 To: Linda Jackson, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Fountain and Bottle /Can Sales Agreement Contractor: Pepsi Bottling Enclosed please find two (2) original documents, as referenced above, (Agenda Item #16D18) approved by the Board of County Commissioners on Tuesday, April 8, 2008. Please forward the documents to the appropriate parties for their records. The Minutes & Records Department have also retained an original.. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosures (2) 160181 FOUNTAIN AND BOTTLE /CAN SALES AGREEMENT This sets forth the agreement ( "Agreement ") between Bottling Group, LLC, d /b /a The Pepsi Bottling Group, a Delaware limited liability company with an office located at 1225 Industrial Boulevard, Naples, Florida 34104 ( "PBG ") and Collier Board of County Commissioners with its principal place of business at 15000 Livingston Road, Naples, Florida 34109 (the "Customer ") relating to the purchase by the Customer from PBG of Postmix Products (as defined below) and B & C Products (as defined below). The support described below is in lieu of any other discounts, allowances or rebates to which the Customer might otherwise be entitled from time to time. ninfinifinnc As used in this Agreement, the following capitalized terms shall have the respective meanings assigned thereto below. "Beverage Products" shall mean Postmix Products and B & C Products. "B & C Products" shall mean all carbonated and noncarbonated, nonalcoholic beverages, including, but not limited to, carbonated soft drinks, ready -to -drink teas, ready -to -drink coffees, isotonics (sports drinks), juices and juice drinks, energy drinks and water as listed in Attachment C which may be amended by PBG from time to time. "Cases" shall mean the number of cases of B & C Products purchased by the Customer from PBG. "Gallons" shall mean the number of gallons of the Postmix Products purchased by the Customer from PBG. " Postmix Products" shall mean carbonated soft drinks, teas, energy drinks and juice products as listed in Attachment B which may be amended by PBG from time to time. "Premises" shall mean that location known as Sun -N -Fun Lagoon and the entire grounds, including but not limited to, the buildings, athletic fields and facilities, concession stands, parking lots, food service outlets and vending areas. "Year" shall mean each 12 -month period during the Term commencing on the first day of the Term or an anniversary thereof. 1. Term The term of this Agreement shall be for a period of eighteen (18) months, commencing on March 7, 2008 and expire upon September 6, 2009 when fully executed this Agreement will constitute a binding obligation of both parties until expiration or termination. F:1PepsACo1ier County parks revised 3 -13 -08 (3).doc 16018-1 2. Scope During the Term, Customer shall purchase Postmix Products for use in preparing fountain beverage products (the "Fountain Products ") and B & C Products from PBG sold under the trademarks of PepsiCo, Inc. or other third party licensor to be sold on the Premises. Customer shall be responsible for stocking machines with the Beverage Products purchased directly from PBG only. Customers shall further be responsible for collecting, for its own account, all cash monies from the vending equipment and for all related accounting for all cash monies collected therefrom. 3. Performance This Agreement, including all of PBG's support to the Customer as described below, is contingent upon the Customer complying with all of the following performance criteria: (1) The Beverage Products shall be the exclusive beverage products of their respective types sold, dispensed or otherwise made available, or in any way advertised, displayed, represented or promoted at or in connection with Premises by any method or through any medium whatsoever (including without limitation print, broadcast, direct mail, coupons, handbills, displays and signage), whether public or private. In no event shall there be served, dispensed or otherwise made available, or in any way advertised, displayed, represented or promoted, beverage products licensed by, or produced by bottlers licensed by, The Coca -Cola Company or any affiliate thereof. (2) The Customer shall have brand identification for each Fountain Product served on all menuboards and postmix dispensing valves at the Premises throughout the Term. (3) The Customer shall only use the Postmix Products for use in preparing the Fountain Products (i) in accordance with the standards established by Pepsi -Cola Company; and (ii) only for immediate or imminent consumption and shall not resell the Postmix Products to either to nonaffiliated outlets or to consumers in any form other than the Fountain Products. (4) Customer agrees to permit PBG to display banners and signage containing trademarks of the Products being sold at the Premises. 4. Consideration In consideration of the exclusive rights granted to PBG by Customer over the Term of this Agreement, PBG shall provide Customer with the following: (1) Initial support funds in the amount of Three Thousand Three Hundred Dollars ($3,300.00), payable to the Customer within forty -five (45) days of the signing of this Agreement by both parties (the "Initial Support Funds "). The Initial Support Funds are earned by the Customer over the Term based on PBG's ability to make its Beverage i FVepsi \Colier County parks revised 3 -13 -08 (3).doc 16D18 Products, listed in Attachment B and C, available for sale at the Premises during the entire Term. In the event PBG terminates this Agreement due to the Customer's failure to cure a breach hereof, the unearned Initial Support Funds will be repaid to PBG pursuant to the terms of Section 7(b)(1) herein. (2) Each Year throughout the Term, PBG will accrue rebates on behalf of the Customer at the rate of $1.00 per Gallon purchased by the Customer and at the rate per Case purchased by the Customer as listed on Attachment A (the "Rebates "). The Rebates will be paid to the Customer within forty -five (45) days after the end of the Term. 5. Equipment PBG will loan the Customer, at no charge, appropriate equipment for dispensing the Beverage Products during the Term ( "Equipment "). Customer agrees that the Equipment shall be exclusively used to display and merchandise the Beverage Products, and the Customer shall not use the Equipment to display, stock, advertise, sell or maintain any other products or beverages (including on the exterior of the Equipment). PBG will also provide, at no charge to the Customer, maintenance service to the Equipment. Title to such Equipment will remain vested in PBG or its affiliate and all such Equipment will be returned to PBG upon expiration or earlier termination of this Agreement. Each Year during the Term or at PBG's request, Customer shall provide PBG with a written Equipment verification list indicating the asset number, Equipment type and location of the Equipment loaned to the Customer pursuant to this Agreement. Failure to provide such verification list to PBG shall be deemed a material breach of this Agreement. 6. Pricinq The Postmix Products, which are produced or sold by PBG, shall be purchased by the Customer from PBG at the prices established by PBG from time to time. The current prices are as set forth on Attachment B hereto. The B & C Products, which are produced or sold by PBG, shall be purchased by the Customer from PBG at the prices established by PBG from time to time. The current prices are as set forth on Attachment C hereto. Payments will be made in accordance with Chapter 218, Florida Statutes, otherwise known as the Florida Prompt Payment Act. 7. General Terms (a) Termination. Either party may terminate this Agreement if the other commits a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach and the other party has failed to remedy or cure the breach within thirty (30) days of such notice. Additionally, if PBG's exclusive rights to sell any one or more of the Beverage Products, are terminated, violated, prohibited or limited 3 F:IPepsi\Colier County parks revised 3 -13 -08 (3).doc 9=rooe during the Term of this Agreement for any reason, including by way of final judicial opinion, imposition or modification of any local, state or federal laws and /or regulations, whether or not due to a cause beyond the reasonable control of Customer, PBG may either terminate the Agreement, as provided herein, or reduce the funding provided in Section 4 herein, to an amount equal to the then - current ongoing fees PBG would pay for the right to market, sell or distribute the remaining Beverage Products. (b) Remedies. If PBG terminates this Agreement as a result of Customer's breach including Customer's failure to purchase and serve the Fountain Products or B & C Products at the Premises throughout the Term, then in addition to any other remedies, including but not limited to the recovery of lost profits, to which PBG may be entitled by reason of such breach, the Customer shall immediately make the following payments to PBG: (1) A payment reflecting reimbursement for all funding previously advanced by PBG but not earned by the Customer pursuant to the terms of this Agreement. With regard to the Initial Support Funds, the amount of such reimbursement shall be determined by multiplying the Initial Support Funds by a fraction, the numerator of which is the number of months remaining in the Term at the time such termination occurs and the denominator of which is 36; (2) At PBG's election, Customer shall either reimburse PBG for the current fair market value of the Equipment (as reasonably determined by PBG, applying generally accepted accounting standards) or surrender to PBG all Equipment installed in the at the Premises, whether leased, loaned or otherwise made available by PBG; and (3) A payment to PBG reflecting reimbursement for the cost of installation, service and refurbishing of Equipment provided during the Term and the cost of removal of all Equipment that has been installed at the Premises, if applicable. (c) Expiration. Upon expiration of this Agreement, if Customer has not entered into a further agreement with PBG for the purchase of Beverage Products, Customer shall, at PBG's election, either reimburse PBG for the current fair market value of the Equipment (as reasonably determined by PBG, applying generally accepted accounting standards) or surrender to PBG all Equipment installed at the Premises, whether leased, loaned or otherwise made available by PBG. (d) Right of Offset. PBG reserves the right to withhold payments due hereunder as an offset against amounts not paid by Customer for Postmix Products and B & C Products ordered by and delivered to Customer. (e) Customer Representation. Customer represents and warrants to PBG that they (i) have the authority to enter into this Agreement on behalf of Sun - and -Fun Lagoon; and (ii) the execution, delivery and performance of this Agreement by Customer will not violate any agreements with, or rights of, third parties. (f) Entire Agreement. This Agreement contains the entire agreement between the parties hereto regarding the subject matter hereof and supersedes all other agreements between the parties, including prior funding commitments relating to the purchase of the Postmix Products 4 F:1Pepsi\Colier County parks revised 3 -13 -08 (3).doc 16Plg' and B & C Products by Customer. This Agreement may be amended or modified only by a writing signed by each of the parties. (g) Non - Disclosure. Except as may otherwise be required by law (e.g. F.S. 119, Florida Sunshine Law) or legal process, neither party shall disclose to unrelated third parties the terms and conditions of this Agreement without the consent of the other. (h) Indemnification. Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal), and damages arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768.28, Florida Statutes. (i) Governing Law. This Agreement shall be governed by the laws of the State of Florida. (j) Right of First Refusal. Upon expiration or termination of this Agreement, Customer hereby grants PBG the right of first refusal to match any offer made to Customer by any third party with respect to the supply of beverage products to Customer. (k) Price Discrepancy. Any price discrepancy claim must be submitted to PBG within 365 days of the date of the invoice in question. If the Customer makes a price discrepancy claim within 90 days of the invoice date, the Customer must submit a written request specifying the particular product and amount in dispute and reason for the dispute. This request should be addressed to: Accounts Receivable Pepsi -Cola Customer Service Center P.O Box 10 Winston - Salem, North Carolina 27102. If the Customer makes a price discrepancy claim from 91 to 365 days after the date of invoice, in addition to the written request as specified above, the Customer must submit to PBG a copy of the invoice in question, copies of any check remittances pursuant to the invoice in question and any additional supporting documentation. (1) PBG reserves the right to limit quantities, withhold or deduct funding as an offset to amount not paid by Customer or terminate this Agreement if the Customer (i) sells Beverage Products directly or indirectly for resale outside of the PBG's exclusive territory where the Customer operates, (ii) purchases Beverage Products outside PBG's exclusive territory where the Customer operates and resells such Beverage Products within PBG's exclusive territory or (iii) does not comply with PBG's payment terms or makes an unauthorized deduction from amounts due. 5 F:1Pepsi\Colier County parks revised 3 -13 -08 (3).doc Bottling Group, LLC d /b /a The Pepsi Bottling Group By: 'Vj Print 'AL ifs �oi��•s�`� Title: EJSM Date: / S d c)4 Approved as to Form and Legal Sufficiency By: 6W O,,e -e Assistant County Attorney (!cal I een M - &eerie Print Name: Date: 3.19-09 FAPeps1Co1ier County parks revised 3 -13 -08 (3).doc 11� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning Ir Title: Chairman Date:�� ATTEST: Dwight E. Brock, Clerk of;Courts A S# a Ctis� s ; $111"0e IIF Attachment A Product Rebates CSD 20oz. Bottles (24)pk: Tropicana 20oz Bottles (24)pk: Aquafina 20oz. Bottles (24)pk: Gatorade 20oz. Bottles (24pk: FNT. Products *All pricing subject to change with a 30 day notice. Rebates Per Cases $3.73 $3.73 $2.68 $1.25 $1.00 per gallon 7 F:1Pepsi\Colier County parks revised 3 -13 -08 (3).doc VNELM • Attachment B Postmix Products and Prices $10.10 per gallon on Pepsi brands $11.10 per gallon on Dr Pepper, Lipton, Fruitworks $25.00 per gallon on Citrus Springs Juices $46.00 per box on Lipton Brewed Tea Extract $38.00 per box on Lipton Tea Sweetener CO2 $35.00 Deposit $18.00 per tank *All pricing subject to change with a 30 day notice. 8 F:IPepsi\Colier County parks revised 3 -13 -08 (3).doc 16D18 Attachment C Bottle & Can Products and Prices CSD 20oz. Bottles (24)pk: $18.00 Tropicana 20oz Bottles (24)pk: $18.00 Aquafina 20oz. Bottles (24)pk: $10.50 Gatorade 20oz. Bottles (24pk: $18.00 Dole Juices 16oz. Bottles (12)pk: $11.00 Lipton Tea 16oz. Bottles (12)pk: $11.00 Frappuccino 9.5oz. Bottles (12)pk: $14.00 SoBe 20oz. Bottles (12)pk: $14.00 Adrenaline Rush & AMP Cans (12)pk: $16.50 22 oz wax cups $49.00 /case 32 oz was cups $49.00 /case 22 oz lids $29.00 /case 32 oz lids $29.00 /case 0 F:1Pepsi\Colier County parks revised 3 -13 -08 (3).doc 16E2 MEMORANDUM Date: April 17, 2008 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Agenda Item #16E2; Lease Agreement between Collier County and Sub - Carrier Communication Attached for your records, please find a copy of the document referenced above (Agenda Item #16E2) approved by the Board of County Commissioners on Tuesday, April 8, 2008. The Minutes and Records Department has the original agreement, where it will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachments (1) ORIGINAL DOCUMENTS CHECELLST & ROUTING S - TO ACCOMPANY ALL ORIGINAL DO THE BOARD OF COUNTY COMNIISSIONFRC OFFICE S TO Pdat ter p� paper Auaeh m original daosmmt original daeumenta shrndd be hand delivered m the Boer" �m OR SIGNATURE mmkftrmaded to. theBoudo&eaimlYAft Boedhutalesaactimoa die imm.) �Plemdrou ®gsUpaaderigiaal camper tnmiag rmr, 8L thswgh ra>s ROUTING SLIP . ;: or boa needeiB! me demmmcia alrcdY�ne m ma elseatlisC and fawer" m SueP.sm ttiat;a � . �a?��(s) Office Initials Date N 3. 4. Sue Filson, Executive Manager Board of County Commissioners 6. Mnutes PRIMARY CONTACT-INFORMATION Cne primary miner is the bolder of die origival does amt ilmdtug BCC apptvvaL Nardtany the primary contact is the person who summary. Primary roamer islWoUle n a ¢ceded is du evmr use of me addressee above. including Sue Filson. aced m cmtact staflfar the dve W0130sti0m Aa original doeumme ¢ceding da: BCC CLairmm's sigeseue are m be deiivet ed m the BCC office oar g item.) y afte the BCC has acted m approve the tkPhone Ntmmber Agenda Item Number Number of original Documents Attached I L• Forces! County Farms/ BCC Fasnsi original nacammn Rasmrg Slip wwS original 9.03.04, Revised 1.25.05. Revised 221.03 INSTRUCTIONS & CHECHLIST Initial the Yes column or mark'NIA" in the Not Applicable column whichever is Yes MA (Not i• Original document has been initialed for le a�`� gal stifficieacy. (All documents to be (Initial) licable) signed by the Chairman, with the exception of most letters., must be reviewed and signed by the Office of the County Atmmey. This includes signature pages from ordinances, reaclutionsw eta signed by the County Attorney's office and signature pages from contracts, agreemems, e= that have been fully executed by all parties except the BCC i Chairman and Clerk to the Board and sstitl State Officials.) 2 All handwrittea.stt*c- through and revisions have been imtiaied by the County Anorney,,s 3. Office and all other Parties excent the BCC Chairman and the Clerk to the Board The Chairran13 signature line dare has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages Indicating where the Chairman's and initials are 5. Ia most cases (some contracts are an exception), the original document and this muting slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and requiretOrwWling to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ),y ' 6. aware of our deadlines! The document was approved by the BCC on-9- I c (enter date ) and all changes made during the meeting have been incorporated in the attached document The Corm 's i� > Attorn Office has reviewed the chances. !f anniknhl� L• Forces! County Farms/ BCC Fasnsi original nacammn Rasmrg Slip wwS original 9.03.04, Revised 1.25.05. Revised 221.03 Lease # LEASE AGREEMENT 1 6 E 2 THIS LEASE AGREEMENT entered into this day of )At L? _ 2008, between Sub Carrier Communication whose mailing address is 139 White Oak Lane, Old Bridge, NJ. 08857, 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 THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR space on a communications tower located at 21999 Carter Rd., Estero, Fl. and equipment space within the LESSOR'S ground -level equipment shelter. LESSOR herby grants permission to LESSEE to install and operate the following communication equipment at the Demised Premises: A. Installation of a DB589 or equivalent antenna with tower top amplifier at the three hundred (300) foot level with 2 7/8" antenna lines B. Interior space for a standard equipment cabinet not to exceed nine (9) square feet which will house radio transmitting and receiving equipment necessary for the LESSEE's public safety radio system. All improvements shall be approved by LESSOR applying the terms contained in Article 5 of this Lease. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which LESSEE takes possession of the Demised Premises thereby LESSEE installing equipment on same. LESSEE is granted two (2) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for two (2) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with sixty (60) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional sixty (60) days from the aforementioned sixty (60) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three Thousand Six Hundred Dollars ($3,600.00) per annum to be paid in equal monthly installments of Three Hundred Dollars ($300.00) beginning within thirty (30) days from the execution of this Lease by the LESSOR and LEASE. If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease, the annual rent for the renewal term shall be increased by five (5) percent from the annual rate of the previous term and shall be due each year thereto in advance upon the anniversary date hereof. LESSOR shall calculate the renewal term increases on the sixth (6'h) and eleventh (I 1'h) years and provide LESSEE with written notice of same. ARTICLE 4. Other Expenses and Charges LESSOR shall pay the electrical service charges at the Demised Premises. LESSEE shall be responsible for any other costs required for LESSEE'S operation at the Demised Premises. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises specifying 6 E2 for LESSOR'S written approval, p fying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR agrees that during the term of this Lease or its extensions as hereinafter provided LESSEE shall have reasonable ingress and egress on a twenty -four (24) basis to the Demised Premises for the purpose of maintenance, repair, removal or inspection of said Communications Equipment. This access is granted to the LESSEE, its duly authorized agents, representatives and employees. ARTICLE 7. Assignment and Sublettina LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain, at its expense, during the term of this Lease, a combined single limit policy of bodily injury and property damage insurance, with a limit not less than $1,000,000.00 insuring LESOR and LESSEE against all liability arising out of use, occupancy, or maintenance of DEMISE PREMISES and appurtenant areas. ARTICLE 10. Maintenance 16 E 2 LESSEE shall, at its sole cost and ex ense k th D Premises are not kept clean in the opinion of LESSOR, LESSEE will be soradv seed in writing.) If corrective said snot taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR approved additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (t) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this Article 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than thirty (30) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (1' /z) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: Sub Carrier Communications 139 White Oak Lane Old Bridge, NJ. 08857 LESSEE: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Fl. 34112 Copy to: Telecommunication Manager ARTICLE 14. Surrender of Premises 1 6 E 2 Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above - referenced Demised Premises is limited to that provided to any other business or agency, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. LESSOR agrees to maintain the tower and equipment shelter that include the Demised Premises in good working order so as not to disrupt the operation of the LESSEE'S Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto B. Not interfere with the operation of LESSOR or LESSOR'S tenants' or future tenants' radio equipment on this tower and /or surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove all items causing the interference from LESSOR'S property and this Agreement shall terminate as to all removed items. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and /or State concerned. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. Extent of Liens 16E2 All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governine Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: `/ ' ATTEST DWIGHT E. BROCK, Clerk pu Clerk Attest as to at s signatwv 0011 AS TO LESSEE: DATED: —1 1aV Llo L WITT) ES signature) Ne'l SuI iofl (print name) � J f WITNESS (signatur ) (print name) Approved as to form and legal sufficiency: �G� D Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOPII)A ma TOM HENNING, CHAIRMAN Sub Carrier Communications IBM Vice ku1je l Item # rr da Date � ^I1 _— (-)� R &dd VVV ORIGINAL DOCUMENTS CHECKLIST & ROUTING U E 5 TO ACCOMPANY ALL ORIGINAL DOCUNENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print an pick paper. Aouch to original doeoauaG Original docnmean should be band delivered to the Board Office. The completed muting ship and original doeamenn us to be fotwmied cute BoudOffice only after the Board has talc ancri m.am the item.) ROUTING SLIP - Ctmiplex routing Saes 91 duoogh o4 as g7cptime tar addid®sl sigsa > dates, and/or infenandan oecded_ 1f the doca.meat is aitody mmplae with the esxeodon of �..: —.,.� ,e.,m. t,". ,r .......a, ..,...<_.. "—.1 .� .. � � — _ _.. . _ Route to - (list is ttmem 1. 2_ 3. a 5. Sue Filson, Executive Manager 6. Minutes and la Board of County Court's Office PRJMARY CONTACT INFORMATION Date Crhe primary coamcs is the bolder of the original doe ancut pending BCC approval. Normally the primary courage is the person who =u rVptepmed the ==de summmy. Primary eooraet information is neeiei in the event aoe of the addressees above, including Sue Al son, need m contact sagfor addidonal or maiwOng inibrandon. All original docrtmmts needing due BCC Chair's uganum are to be deliveml m dan BCC office only after the BCC has axed m approve the rvaanc ar IMMary ,JtaII One Number Contact lX, M OICIM a rjo% - a(pG` 4 Agenda Date Item was p ' Agenda Item Number C Approved by the BCC (�Y 1 I 0 a� IS 1 � E. J t I I211J9-Y7 arm Y67.f. YJ. Yns L• Fora/ Couaty Fans/ BCC Faunal Origiml Documcue Running Slip wwS original 9.03.04, Revised 1.26.05, Revised 224.05 Initial the Yes column or mark "N/A" in the Not Applicable column whichever is Yes N/A (Not (Initial) Applicable) 1.. 9 Original document has berm signed/midaled for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed I" 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 possilly State Officials.) 2. All handwritten. strike - through and revisions have been initialed by the County Attorncy.'s Office and all other Parties except the BCC Chairman and the Clark to the Board The Chainpan's signanae line dare has been eru red as the date of BCC approval of the , + -N/A 3. document or the final negodated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are 5. In most cases (some contracts are an exception), the origiaal 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! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated !n the attached docnmemL The Corm Attorney's Office has reviewed the chimes, if applicable. L• Fora/ Couaty Fans/ BCC Faunal Origiml Documcue Running Slip wwS original 9.03.04, Revised 1.26.05, Revised 224.05 16E5 ,.l MEMORANDUM Date: May 20, 2008 To: Sue Zimmerman Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Utility Easement /Bill of Sale/ Owner's Affadavit Waiver & Release Project #54261 -1: Golden Gate Library Expansion Attached please find an original document, as referenced above (Agenda Item #16E5), approved by the Board of County Commissioners on Tuesday, April 8, 2008. Please forward to the appropriate parties for signatures and return the fully executed original to the Minutes and Records Department so that it may be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachments (1) 16E5 Project: GOLDEN GATE LIBRARY EXPANSION UTILITY EASEMENT THIS UTILITY EASEMENT, granted this day of ►G� 2008, by COLLIER COUNTY, a political subdivision of the State of Floritla, as Grantor, to the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section 163.01(7), Florida Statutes, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement and privilege to enter upon and to install, operate and maintain utility facilities, on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTE ,5L DW*HT.E. BROOK e Clerk L, Att at as. to fartIm" s App r vec J.- VArm and legal sufficiency: Jennifer A. Belpledio, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER _?INTY, ORIDA BY: !rt� TOM HENNING' Chairman i <i 9 <; y � � A Z �: IR �Z yOU N � g � CZ W� VI 62 n5 n U W N 4W3�a R, 022 NO 01A 2 jpY!�J ZwZ �2�uu<N��uu<�8 �WuW�,yi g3gg2FUM1 Y= Y6�•.� FCS�RtU��UN �NU 23 1=UG �N�IINE BOU W n O P n N 1 �8 \ N °Q�sFNx \ 7 J U =W3333 y N F N m YppppbnO O m w N N w h 2 = Z 2 O� b N N h az o i a U � Norm obp� F O M M N N � Nb�FhO 0 N N `t00 n j U U U U U U F•� �a m m (3g Cl 16E Y6 \ la Cl Q Ckc 2 z a � aQ< ¢¢i i FA ri 8 w All K fog 0 �W �AO 9 §9e� a ~0- g QZW Yp jE6V 2 V1 wZ3�a °g �Wm g W F m ? U �ZZP.�m Ha <oa �cWN oam< \ �., of �— o N '" z �► u off'. pp w m W m 4 o�m'gaq F z 00i 0 � 2 �l V' F gE�iaa'o w r��i �",,��i 3r1 �L�L Y6 \ la Cl Q Ckc 2 z a � aQ< ¢¢i i FA ri 8 w All K fog 0 �W �AO 9 §9e� a ~0- g QZW Yp jE6V 2 V1 wZ3�a °g �Wm g W F m ? U �ZZP.�m Ha <oa �cWN oam< \ �., of �— Project: GOLDEN GATE LIBRARY EXPANSION Return to: Florida Governmental Utility Authority 280 Wekiva Springs Road, Suite 2000 Longwood, Florida 32779 BILL OF SALE 16E5 THIS BILL OF SALE evidencing the sale and conveyance of the water and wastewater utility facilities described herein is made this 12C�—h day of MO-j4 — 2008, by COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafteY referred to as "Seller "), and the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section 163.01(7), Florida Statutes, its successors and assigns, with headquarters in Seminole County, Florida (hereinafter referred to as "Buyer "). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and wastewater utility facilities lying within the following described land, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. Seller also certifies that the cost of the goods and chattels most recently installed into the land described in Exhibit "A" is as indicated in Exhibit "B" attached hereto and incorporated by reference herein. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. ATTEST:, DWIGHT E-BR,O.CK. , n' Lot ark AEA'# to Ckl� ! stgnatun ai�ii,' Approved as to form and legal sufficiency: Jednifer A. Be edio, Assistant County Attorney BOARD OF CO NTY COM ISSIONERS COLLIER C0 TY, FL A BY: f' TOM HENNING, Chairman 16E5 h � yI : O C � m •• .. a 05 0 Eiii� 22TIISS uy�a�5 S� _i 196 a a u yE�r� fill W81 aFia 4 HIS LLI O e Z h = o Z &3 ISS W _ Vi l; III u n m <dR w t� G aF E' a �yy ' < / tali 4f 1 IL e a of / e A I If } XHi3iT —A- �?oe,_..haf 1 —_ 16E5 EXHIBIT B Florida Governmental Utility Authority Bill of Sale Attachment B Project Name Golden Gate Library Expansion System Name ►:4 WATER ■ WASTEWATER ■ RECLAIMED WATER Item Description Quantity Unit Unit Price Extended Price 8"x4" Flot Tap 1 EA $4,304.85 2" Potable Meter Service 1 EA $1,004,47 $1,004,47 N ,� 2" Irrigation Meter Service 1 A $1,004,47 $1,004,47 4" DR -14 20 LF $21.05 $421.00 N 2" Polly 200 ILF $14.35 $2,678.58 CAMyFila\FGUA1Developa Fo ma\FGUA - utility facility bill of sale blank form 5.22.05.doc Pag I a 16E5 EXHIBIT B Florida Governmental Utility Authority Bill of Sale Attachment B Project Name Golden Gate Library Expansion System Name ■ WATER WASTEWATER ■ RECLAIMED WATER Item Description Quantity Unit Unit Price Extended Price 4' Dia Grinder Pumo Station 1 EA S31.090.62 S31.090.62 N 6" SDR -26 Lateral 332 LF S22.00 S7,304.00 N 6" Clean Out 6 FA S286.99 $1,721.94 6 11x4" Hot Tap (Reverie Side) 1 LF 14,515.00 S4,515.00 3" Polly Force Main 150 ILF %16.08 S2AI2.00 "Deflection (Rock) (Under water main) 1 EA S3,187.50 $3,187.50 8" Directional Bore 120 LF S137.50 $16,500.00 CAMyFilcs\FGUA \Developer For tuTGUA . utility facility bill of sale blank form 5.22.05.doc a a 16E5 Project: GOLDEN GATE LIBRARY EXPANSION Project No.: 542611 OWNER'S AFFIDAVIT, NON- FOREIGN CERTIFICATE, TAXPAYER IDENTIFICATION AND REPRESENTATIVE CAPACITY DISCLOSURE STATE OF FLORIDA COUNTY OF COLLIER On this 9Dhay of M 2008, before me personally appeared Tom Henning, as Chairman of the Collier dounty Board of County Commissioners, on behalf of COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "Affiant "), to me personally known, whose current business address and telephone number is 3301 Tamiami Trail East, Naples, Florida 34112; (239) 252 -8380; who, being duly sworn on his oath, did say: The real property that is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Property ") has been dedicated to the Public for use as a right -of -way. Because the described property is right -of -way, there is no outstanding contract for the sale of the Property to any person or persons whomsoever, nor any unrecorded deed, mortgage or other conveyance affecting the title to the Property. Because the described property is right -of -way, there are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or security interests All of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor, or materials according to plans and specifications, or extra items, used in the construction or repair of water and wastewater utility facilities on the Property, have been paid in full and that such work has been fully completed and accepted by the owner. No claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer, or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Florida Governmental Utility Authority, a legal entity and public body created by interlocal agreement pursuant to Section 163.01(7), Florida Statutes, its officers and officials harmless to the extent authorized by Section 768.28, F.S. against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. 16E5 The utility facilities referred to herein are located within the real property described in the attached Exhibit "A ". ATTEST: DWIGHT E. BROCK a to tlV,00* t on1 M Approved as to form and legal sufficiency: Jennifer A. B pdio, Assistant County Attorney BOARD OF OUNTY C MISSIONERS COLLIER C NTY, F IDA BY: TOM HENNING, hairman 16E5 Y C 1 C p yly 'jaN n 8 •� O L U Y p �� m �aq JI i Is' # WSJ fill ad WO m � cuss: vWw� 12 1,k Li iF 2 Ida T ygQ� i H log W 3 gW i.° a (f R�Qa{ O jag l/J S8 �l VIV Vmp P`iSY Its <9 o E W ,- g 9# g Ali I 1 " > � I pp INV " xr;; Qe W EXHIBIT -. Pane I of- 16E5 Project: GOLDEN GATE LIBRARY EXPANSION OWNER'S WAIVER AND RELEASE Know all men by these presents, that COLLIER COUNTY, a political subdivision of the State of Florida, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt and sufficiency whereof is hereby acknowledged, does hereby waive, release, remise and relinquish any and all right to claim any lien or liens for work done, material furnished, or any kind of class of lien whatsoever on the following described property: SEE ATTACHED EXHIBIT "A" Dated this AOON day of M� —, 2008. ATTESTv'V , DWIGW E. BRO' b •C Att"t q to EMI p t Clerk f /glutw* 011114 Approved `as to form and legal sufficiency: Jen fifer A. Bel io, Assistant County Attorney BOARD OF COUNTY C MISSIONERS C LIER NTY, FLORIDA TOM HENNING, Chairman 16E5 mix WIN Lt g %•� ■ o z {j� pp RRC{jj a o e ZJ q 4 W 4f t di � C C2 Z, n� a m =3s: cr- 44 c 03 co Q a NY i - W S 2 T VI 1 Lit a ;363Y`gW.� ID 0 =yZ�i Irmo 4 RY ` 0� oCW a G� ins A 1, } e�8 o p �� IL r < by Q�rt EXHIBIT--L- Page 1 01 1 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 mid 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 shmatme_ draw n line thmnA rontinn line< $t thrnnvh Ya nn mnlolP rho ..-A f _....._a .,, o..., ca___ n:__ Lam. Route to Addressee(s) (List in routing order) Office Initials Date 1. L, I j- (Initial) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be 3. __ --- - signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC 4. —. -- - 4 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 ,I Phone Number N/A (Not Contact L, I j- (Initial) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be A en Agenda Item Number g signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC Type of Document resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original Attached L-0- Documents Attached INSTRUCTIONS & CHF,CKT,IST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not ainwopriate. (Initial) Applicable) 1. 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 i,' = �' y 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 C" 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature 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 Filson in the BCC office within 24 hours of BCC approval. t� Some documents are time sensitive and require forwarding to Tallahassee within a certain I me frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 'l!` TX (enter date) and all changes " made during the meeting have been incorporated in the attached document. The MINI County Attorney's Office has reviewed the changes, if applicable. I l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16f� MEMORANDUM Date: April 10, 2008 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding Between Collier County Commissioners and Farm Workers Village Enclosed please find a original, as referenced above, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please call 252 -8411. Thank you. Enclosure (1) 16F2 Memorandum of Understanding Between Collier County Board of Commissioners And Farm Worker Village I: Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define and establish mutual agreements, understandings, and obligations by and between the Collier County Board of County Commissioners, through its Emergency Management Department, and Farm Worker Village. II: Statement of Basic Resnonsibilities: A. Collier County Board of County Commissioners, through its Emergency Management Department, provides coordination of emergency services with Collier County, including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering assistance. Under Chapter 252, Florida Statutes, the Board of County Commissioners, through its Emergency Management Department, also coordinates the administration of relief activities of both public and private relief or disaster assistance organizations which agree to volunteer their services under the direction or guidance of Collier County authorities. In addition, Collier County may utilize personnel and facilities of relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines or other items and temporary sheltering as part of the restoration, rehabilitation or reconstruction of community services and essential facilities whenever Collier County authorities deem it necessary. B. Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Farm Worker Village wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. III: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Farm Worker Village at a time of major disaster and during the post- disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Farm Worker Village works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Resoonsibilities: A. Collier County Emergency Management Department agrees to the following: 1 16th 1. Notify Farm Worker Village of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Farm Worker Village and 3. Assist in the development plans for Farm Worker Village; and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Farm Worker Village for disaster relief and recovery projects; and 6. Whenever members of Farm Worker Village are rendering aid to Collier County Government under this Agreement, they shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties for Collier County, and Collier County shall be liable for their acts and actions as if they were performing their duties for Collier County, and 7. Collier County shall be liable for any loss or damages to any facility or equipment utilized pursuant to this Agreement and shall pay any expenses in the repair thereof; and 8. Collier County agrees to be responsible, to the extent provided under Florida Statues 768.28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. B. Farm Worker Village agrees to: 1. Provide facilities and/or staff to Collier County at no charge during the disaster recovery period; and 2. Provide a 24 hour contact person and alternates; and 3. Provide a representative to attend periodic meetings of the Collier Emergency Response Volunteer (CERV) Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update of facility and manpower capabilities at least annually prior to June of each year. C. Both of the above named parties agreed to the following: 1. No modifications or changes will be made to the facility /property by the Collier County Representative without the express written approval of the owner /operator. 2. Prior to occupancy, representatives of both parties will inspect the facility /property and will note any discrepancies on the inspection form, and/or this agreement. 3. Prior to occupancy, representatives of both parties will again inspect the facility /property to note any discrepancies on the release form. Normal wear and tear is considered to the responsibility of the organization/owner /operator. 4. The facility /property will be returned to the organization/owner /operator in the same condition as it was when occupied/acquired. 16F2 5. Other provisions as follow:_none V. Effective Date, Automatic Renewal, and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and Farm Worker Village will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. The provisions of the Agreement will be effective from the date approved by the Board of County Commissioners for a period of three (3) years. At the end of the three year (3) period, this Agreement will automatically renew for an additional term of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year renewal period, this Agreement will renew for an additional term of one (1) year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be automatically renewed two times. Both parties have the authority to amend provisions of this Memorandum of Understanding upon mutual consent and by written instrument executed by the Parties. VI. Termination: Either party may terminate this Agreement by providing the other party with notice of its intent to terminate with 30 days written notice. The Agreement may be immediately and automatically terminated by the County without providing such notice, should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. AS TO COUNTY; ' *r Attest:- DWI. BROCIC; Clerk eputy ilt Z as to Chairman s signature onl. WITNESSES: P ntr� Name/ 1r% 4?Np- w 1�. ✓C. P ame; i f 1Q, 1.lt.4.. STATE OF FLORIDA COUNTY OF COLLIER BOARD OF UNTY MMISSIONERS COLLIER UNTY ORIDA, By: f Chairman Ll�� /�� Farm Worker Village y 1"" The foregoing instrument was acknowledged before me this ,� day, of 200' by � mo[ar��o crr �il as �x g cccCe2� .lD&Yc &f �` a He /She is [personally known tome, or [ ] has produce driver's license no. as identification. *NOWY PUBLIC E � MY COMMISSION R DD 594380 EXPIRES: SW&itw 18, mo MARCBA RICE CE B-WTh UNNYyPuWLWxmbn (SEAL) Approved as to form and legal sufficiency: i\a Jennifer A. Bel � Assistant County y omey Name: (Type or Print) My Commission Expires: 11 2 rd 16G1 MEMORANDUM Date: April 11, 2008 To: Sue Trone, Operations Analyst Bayshore /Gateway CRA From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G1: Resolution 2008 -88 Attached, is a copy for the above referenced project; (Agenda Item #16G1) approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please contact me at 252 -8411. Thank you, J Memorandum To: Patricia Amodei From: Sue Trone Date: 4/10/2008 BAYS • TRIANGLE COMMVNITY REDEVELOPMENT AGENCY Re: Commissioner Fiala's signature for a Resolution RECEIVED APR 10 2008 Board of County Commissioners The attached resolution was approved at the BCC meeting on April 8, 2008, item number 16G1. The resolution calls for Commissioner Fiala's signature (stamp or original). When the resolution is signed, please give me a call at 775 -4456 or 643- 1115 and I will come to pick it up. Thank you for your help, 1 1661 CRA RESOLUTION NO. 08- 88 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TERMINATING THE GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA DATED FEBRUARY 13, 2007 ( #04/2007) AS IT RELATES TO PROPERTY AT 3095 LINWOOD AVENUE. WHEREAS, on February 13, 2007, the Community Redevelopment Agency (CRA) entered into a Grant Agreement between CRA and Owner for Site Improvement for Bayshore /Gateway Triangle Redevelopment Area (Agreement) with Luis Fonseca and Idalia Alvarado (Owners); and WHEREAS, the February 13, 2007 Agreement provided for the payment of $4,070.63 to the Owners upon completion of certain site improvements to property at 3095 Linwood Avenue; and WHEREAS, the Owners failed to complete the site improvements within the time limits set forth in the approved Site Improvement Grant Application and the February 13, 2007 Agreement; and WHEREAS, the CRA desires to terminate February 13, 2007 Agreement in order to reallocate these grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: 1. The Site Improvement Grant Agreement for Bayshore /Gateway Triangle Redevelopment Area with Luis Fonseca and Idalia Alvarado, dated February 13, 2007 (attached hereto at Exhibit "A ") is hereby terminated and of no further force and effect. 2. All funds pledged to the Owners through the February 13, 2007 Agreement are available for reallocation pursuant to the Bayshore /Gateway Triangle Site Improvement Grant Program. 3. This Resolution shall become effective immediately upon passage and adoption. rt, This Resolution adopted after motion, second and majority vote this 8 - day of A4 i 2008. ATTEST: "r ,, COMMUNITY REDEVELOPMENT AGENCY DWIGFIT;)�bC OF COLLIER COUNTY, FLORIDA ��..• B q 4� _. + � �e{�: � B � Y: to i. Ay Clerk DONNA FIALA, CHAIR A Appro<(a6 as to_ form ' and legal'sOfficiency Item# !i✓Ad. U ✓ / '� l,t�� -� 'L& Agenda � Marjorie . tudent- Stirling Date Assistant County Attorney DateA �U/� EXHIBIT A ru. %'C � I GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE D"ROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this day of between the Collier County Community Red -. e3 `� 2 - y "CRA „) and Luis Fonseca Bc Idalia Alvarado 1� Agency (h�n referred t as (hereinafter referred to as "Owner ")_ WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -3g, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants, and WHEREAS, Owner has applied for a site improvement grant in the amount ofp)g6 3 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and approved for a grant award in the amount of x4,070.63 dollars on � �0t� 12 -b07 ("CRA Approval', which is 50•/ of the costs to construct the site h6provemerit& NOW THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant program wafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner firither acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program, Owner agrees t the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as 3095 Linwood Avenue. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated January 22, 2007 attached hereto as Exhibit A and incorporated herein by reference. l 4. Owner agrees to complete the construction of the Site Improvements within one () year of CRA Approval. Owner also agrees to fiord at least 50% of the costs of the Site Improvements_ FV2007 SIG A,1-cement 1661 5. CRA has approved a grant to Owner in the amount of $4,070.63 to be administered pursuant to the terms of this Agreement based on an estimated cost of $8,141.26. If the actual costs are less than the estimated costs to construct the Site Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother -in -law, father -in -law, brother -in -law and sister -in -law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty -five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to e terms of the approved application, or if the project is not completed within one (1) year of C h approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the parties and their representatives and e agents, and incorporates all prior understandings, whether oral or written No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. IL This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the Prior written consent of the CRA. FY2007 SIG A�•eement 1661 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1) Witness Signature Printed/Typed Name (2) Witness Signature Printedfryped Name ATTEST `. '' c DWIGHT E. BROCK, Clerk eputy Clerk Approved as to form and legal sufficiency: Maljoo Student- Sorting � Assistant County Attorney PY2007 SIG Agrccmcnt OWNER: By: Prmted/I'yped Name By: Z". s F- CO�lSc C1! ��q Li 'R L', /9Lvrr iP.v jv COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: JZ44 OVINNA FIALA, Chairman stdle 01 t LUKIUA Attnty of COLLIER I HEREBY CERTIFY TliAT this is a true and correct copy ct a ar`;Crr %�.rilo in Board Rlirtatns ,` c`r" � C?t.�1i2r':OUAty WITMES3 .i day eY T E. BRA► K, wL sK6;'C(3�EtY>3 Item# 1�6? 16 &,2 MEMORANDUM Date: April 9, 2008 To: Jean Jourdan CRA Project Manager 2740 Bayshore Dr, Unit 17 Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G2: Street Lighting Agreement with FPL Attached, is the original Agreement for Sale and Purchase for the above referenced project; (Agenda Item #16G2) approved by the Board of County Commissioners on Tuesday, April 8, 2008. Please return the original document to the Minutes & Records Department once all signatures have been received, where it 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, FPL ORIGINAL FPL Account Number:,574954 7 FPL work Order Number: 3071055 STREET LIGHTING AGREEMENT 1662 In accordance with the following terms and conditions, COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (hereinafter called the Customer), requests on this 04 day of MARCH, 22208 , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL , a cc the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) 9AYSHORE DR, rporetion organized and existing under located in NAPLES, Florida. (cty/county) (a) Installation and /or removal of FPL -owned facilities described as follows: Lights Installed Fixture Rating Fixture Tv. .. __._.. PPgles Installed Poles Removed Pole T e #Installed Pole T e #Removed I 11 (b) Modification to existing facilities other than described above (explain fully):__ Fixture Conductors Installed Feet not Under Paving Feet Under Paving Li hts Removu� Fixture Type # Removed That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: Conductors Removed Feet not Under Paving Feet Under Paving 1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $1068.3 Prior to FPL's initiating the requested installation or modification. 3. To Purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying, agreement. when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC any successive street lighting rate schedule approved by the FPSC, for facilities and service Provided in accordance with this 5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non -FPL underground facilities within or near pole or trench locations, and approriate Plats necessary for Planning the design and completing the construction of FPL facilities associated with the Street Lighting System. p 6. To Perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights -of -way or easements required by FPL to accommodate the street lighting facilities. pw1orz IT IS MUTUALLY AGREED THAT: 1 6 M 2 `1 7. Modifications to the facilities provided by FPL under this agreement, other than or maintenance, may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities; and c. the removal of street lighting facilities and the replacement of such facilities with new facilities and /or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective street lighting successive schedule approved by the FPSC. rate schedule on file at the FPSC, or any 6 easements to do so. The Customer hall be responsible rfor the payment f alllccosttss assoc associated with any such Customer- requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may, at any time, substitute for any luminaire /lamp installed hereunder another luminaire /lamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be or a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter or further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof. extens This Agreement shall The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. less ion given written notice to be the other of its desire o tterminate this lAgreement. The written notice shall be by certif, unma I and shall be given not less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof. party shall have 11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities Provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to su energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying pplyig of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer Agreement. t obligation to rform any of the terms and conditions of this Agreement. 13. The obligation to furnish or purchase service shall be excused at any time that either a is reby strikes, lockouts, fires, riots, acts f God, the public enemy, or by cause or causes not under he control of hey party with this Agreement m compliance and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undert k' third a ngs by FPL to 15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Cu tomer andPL parties. 16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations or Electric Service and the Rules of the FPSC, as they are written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented. IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: COLLIER COUNTY COMMI Irony REDoXELOPMENT AGENCY Customer (Pnnt or type name Of Organization) Sy: Signature (Authorized Representative) or type name) FLORIDA POWER & LIGHT COMPANY By: 4 4(Signa.ur DAVID GILL (Print or type name) Title: Construction Sr,vices Representative sentati_ ve FW:a y S +c� L,5 P -(`5 ATTESS�,,k n ,, DV�rl •T •E, -WkCo P� l Deputy Clerk �ttaStS "C� 41�1r'Y1A f Approved as to form and legal sufficiency Marjor . Student - Stirling Assistant County Attorney FPL Ocr,ouot IT �7y44 - '/lsS_3 FPL wocK Oc er 3��) 16 2 COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA By. — 3 2'%A� Jf_ .471- DONN FIALA, CHAIRMAN j, 3,F3 I 161 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 8, 2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Bayshore Beautification MSTU Advisory Committee: Agenda of December 12, 2007; January 9, 2008. Minutes of November 14, 2007; December 12, 2007. 2) Bayshore /Gateway Triangle Local Redevelop Advisory Board: Agenda of February 5, 2008; February 19, 2008. Minutes of February 5, 2008; February 19, 2008. 3) Collier County Coastal Advisory Committee: Minutes of December 13, 2007; February 14, 2008. 4) Fire Review Task Force: Minutes of February 29, 2008; March 4, 2008; March 7, 2008. 5) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of February 13, 2008; March 12, 2008. Minutes of January 9, 2008; February 13, 2008. 6) Golden Gate Beautification Advisory Committee: Agenda of January 8, 2008. Minutes of December 11, 2007. 7) Habitat Conservation Plan Ad Hoc Committee: Minutes of November 19, 2008; December 17, 2007; February 27, 2008. 8) Historical /Archaeological Preservation Board: Minutes of December 19, 2007. (Not signed) 9) Land Acquisition Advisory Committee: Minutes of February 11, 2008. 10) Lely Golf Estates Beautification Advisory Committee: Agenda of February 21, 2008. Minutes of January 17, 2008. 161 11) Pelican Bay Services Division Board: Agenda March 11, 2008. Minutes of February 6, 2008. (Not signed) A) Clam Bay Committee Minutes of January 29, 2008; February 21, 2008. 12) Radio Road Beautification Advisory Committee: Agenda of February 19, 2008. Minutes of January 15, 2008. 13) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of March 6, 2008. Minutes of February 7, 2008. Other: B. Minutes: 1) South Florida Water Management District Public Notice of Final Agency Action of January 29, 2008. 2) Public Safety Coordinating Council Minutes of October 1, 2007; December 3, 2007; January 17, 2008; February 21, 2008. riala Haas !-lenninc ,oy e . Coletta 84yoAme Becwtifieatiom M S.YJL Advisory Committee 2885 Horseshoe Drive South Naples Fl- 34104 December 12, 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — November 14, 2007 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project manager's Report - Tessie Sillery 1. FDOT LAP Grant Project: fountain/lights 2. Decorative Road Signs 3. Crosswalks 4. Effluent Water Project 5. FPL Utility Pole work Causing Breakage VII. Old Business A. Future Projects 2008 B. Roadway Signage Changes C. CRA Update Report D. Discuss Post Hit near Trailer Park E. Accident on Bayshore by Moorhead Manor F. Sammy Aleman Donation of Foxtails VIII. New Business IX. Public Comments X. Adjournment The next ineeting A Junuurr 9, 20117 ut 4:00 R11 Nap/es Botanical Gardens 4820 Ral -shore Drii,e ;Naples. FT 34112 1671 Misc. Corres. Dale: COpift to M Fialati.F Halas Coyle Coletta #W94 re $eaatiikatioN M.3.7A Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 January 9, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — December 12, 2007 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project manager's Report - Tessie Sillery 1. FDOT LAP Grant Project: fountain/lights 2. Decorative Road Signs 3. Crosswalks 4. Effluent Water Project 5. FPL Utility Pole work Causing Breakage C. Update South Bayshore Project VII. Old Business A. Future Projects 2008 B. Roadway Signage Changes C. CRA Update Report D. Discuss Post Hit near Trailer Park E. Accident on Bayshore by Moorhead Manor F. Sammy Aleman Donation of Foxtails VIII. New Business IX. Public Comments X. Adjournment The next meeting is March 12, 2008 at 4:00 PM Naples Botanical Gardens 4820 Batshore Drive Naples, FL 34112 16114 Misc. Corres Date. 'em -. rrr Fiala t Halas - Henning Coyle - Coletta __ 8aysliore &WdipeatioN Advisory Committee i 2885 Horseshoe Drive South Naples Fl- 34104 November 14, 2007 Minutes I. The meeting was called to order by Bill Neal at 4:05 PM. IL Attendance Members: Bill Neal, Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor Brittain County: Tessie Sillery - MSTU Project Coordinator, Caroline Soto - Budget Analyst Others: Aaron Gross - Ground Zero Landscape, Darlene Lafferty - Mancan I11. Approval of Agenda Add: VIII. A. Newsletter B. Bayshore MSTU Triangle & side streets Thomas Finn moved to approve the Agenda as amended Second by Vetor Brittain. Motion carried unanimously 5 -0. IV. Approval of Minutes - September 12, 2007 Maurice Gutierrez moved to approve the minutes of September 12, 2007. Second by Thomas Finn. Motion carried unanimously 5 -0. V. Landscape Maintenance Report - Ground Zero Aaron Gross reported: 1. Effluent water hook up will start in 1 week Tessie Sillery reported Notice to Proceed for the Irrigation Effluent Conversion Project was received. 2. Mulching is complete 3. Currently Fertilizing 4. Sulfur will be applied to Ixora 5. Replaced heads damaged by Embark 6. Recommended replanting of grass at the bridge comer MW- Cornea: Date: item tt ,c,Pies to' Tessie Sillery requested approval for $300 to replant along road side South of Bridge side. X617 ,� k Maurice Gutierrez moved to change out the line of sight issues with the planting so that they have something & don't get complaints by the resident's. Second by Thomas Finn. Motion carried unanimously 5 -0. Reviewed a previous proposal for removal of one Royal Palm located in front of Bayshore Laundry. Recommended not replacing the Palm due to the size of the island. Victor Briltain moved to get rid of it (Royal Palm) and not replace it ($415). Second by Maurice Gutierrez. Motion carried unanimously 5 -0. 8. Questioned the preferred date for Christmas Banners to be installed. Immediate installation was preferred by the Committee. The committee commended Ground Zero on the wonderful job maintaining the streets. VI. Transportation Services Report A. Budget Report Caroline Soto distributed and reviewed. (See attached) Operating Expense Budget $360,463.62 Improvements General Available $1,992,100.00 Bill Neal noted the FY07 -08 Budget was not approved. Tessie Sillery confirmed the Committee did not meet in October 2007 therefore the Budget was not approved. Discussion ensued on the proposed Budget. William Wilkkomm moved to approve FY07 -08 as submitted in October. Second by Maurice Gutierrez. Motion carried unanimously 5 -0. B. Project Manager's Report - Tessie Sillery was distributed and reviewed. (See attached) ➢ Foxtail installation (1335) — Mr. Aleman was not present as requested. Discussions ensued concerning removal of the Buttonwood trees and replacing with brick pavers. It was determined that additional quotes were needed and would be emailed to the Committee for approval: a. Brick pavers b. Tree removal from Ground Zero ➢ Cross -Walk Installation (B31) (See attached) 16114 ➢ Tessie Sillery distributed and reviewed design patterns and color chart for the Thermoplastic pavement material. Discussions ensued and it was requested that the Contractor match the existing sidewalk color and pattern. Victor Brittain moved to request the contractor match the existing pattern & color as close (to the existing sidewalk) without going to a special order. Second by Maurice Gutierrez. Motion carried unanimously 5 -0. Tessie Sillery submitted Bonness quote in the amount of $146,591.49 for Crosswalks. Discussion ensued and it was determined the color for the sign poles (for the Crosswalks) should be consistent with the existing poles. Tessie Sillery suggested use of decorative poles for the signs. Noted a required total of 8 signs & installed by Lykens. Victor Brittain moved to authorize Lykens to procure signs not to exceed 10,000. Discussions ensued and determined the cost for the signs would be higher. Without a second the motion was withdrawn. Victor Brittain amended the motion to read "not to exceed $20,000': Second by Maurice Gutierrez. Motion carried unanimously 5 -0. Tessie Sillery requested approval of $1000 for ROW permit application for the Crosswalks. Maurice Gutierrez moved to approve $1000 to get the ROW Permit Second by William Wilkkomm. Motion carried unanimously 5 -0. 1. FDOT LAP Grant Project - In progress. 2. Decorative road signs — Previously discussed 3. Crosswalks — Previously discussed 4. Effluent Water Conversion Project — Previously discussed V. 5. FPL Utility Pole Work Causing Breakage — FP &L would be invoiced for reimbursement. VII. Old Business A. Future Projects 2008 — None B. Roadway Signage Changes - None C. CRA Committee Member - None D. Discuss Post Hit near Trailer Park - None 1611 '1 E. Accident on Bayshore by Moorhead Manor - None F. Sammy Aleman Donation of Foxtails — Previously discussed VI. B. VIII. New Business Bill Neal noted the Bayshore MSTU Triangle report was a joint venture between the CRA & MSTU. Maurice Gutierrez reported CRA construction projects were on hold William Wilkkomm stated based on his conversation with David Jackson the CRA & MSTU could work together to move forward with side streets. If the MSTU made a commitment to install sidewalks & landscaping the CRA would install lighting & drainage. Discussions ensued concerning moving forward starting side streets. Bill Neal stated the original concept was to beautify Bayshore. Encouraged the Committee to follow through with the commitment that was made to the tax payers & finish Bayshore before starting side streets. Tessie Sillery reminded the Committee once side streets are initiated upon completion of the CRA portion the MSTU would be responsible to maintain and need to allocate funds. Bill Neal suggested speaking with the CRA about their contribution to the MSTU for the extension of S. Bayshore. Maria Jost requested the MSTU mow the ROW on the road side. Stated the County was not maintaining & it was covering the fire hydrants. Bill Neal responded it could be assigned to Aaron Gross & suggested approaching the County for additional funds for MSTU to maintain. William Wilkkomm suggested meeting in December. William Wilkkomm moved to meet in December to cover what the CRA's position is & to discuss moving forward with S. Bayshore & side streets. Discussions ensued and it was agreed to meet December 12, 2007. Second by Maurice Gutierrez Motion carried unanimously 5 -0. Maurice Gutierrez stated at the next CRA meeting he would inquire what their intentions were. A. Newsletter — Thomas Finn suggested creating a newsletter to educate the taxpayers about the MSTU. It was suggested to kick off the Newsletter titled "Annual Report" to include a fiscal year end summary. Thomas Finn moved for the development of a MSTU Newsletter. Second by William Wilkkomm. Motion carried unanimously 5 -0. B. Bayshore MSTU Triangle — Previously discussed. 4 6 IX. Public Comments — Maria Jost thanked the Committee. X. There being no further business for the good of the County, the meeting adjourned at 6:00 PM. Bayshore MSTU Advisory Committee Z", t -e Bill Neal, Chairman These minutes approved by the Committee on as presented Y�or amended The next meeting is December 12, 2007 at 4:00 p.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 5 n to O � N W r 0 Z Q N LL O } V Q 0 m v rno 0 o en Oo vo e W � ro ao o a m M en A c m eq en W N M 7 U Q w w W w w w w w w w w w w H 0 y C C C C E 0 N t Q 0 g a y U c a a E rn w e b Ol C L N 0 OI W S C a 0 .0 >N :i ) � O W N W N W W N c N ICL >JlA (9(!)°NLL W J v y % E ,w_ o 5 m 0 v W:_a m o o f17 O T N y 1 C N (n O U E U) X N N .y E m E to o O e00O (00010000 N 00000 w w w w w w w »wen w w w w w cn m r+l ul v m N w w w w w w w w w w w w w w w t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m N N N wwlw'ww'w'wl »Nw wwwwwwwwwwwwwwa Owlw'wlw lw wlw'w x a. m J g W u QNK Zwm mrQ JC 6ZZF -0 mQW 2 Otn K- 2 w �- �° O K Q U W w W W w d' w Z� Z Z w O} Z° ¢ H e- 0 �Z�o¢m�z U)Z y�> §Zoo- =�°uaxi- U) En w OZN fir U) O W ZF_° W N W aZQ� -%O W JC9 W �o'�N Q��U O 0 CL > W W KOW W W NI- QOOQOW QC7(7en�K0- Z 200Ow Hk-W W W� LL LL C W O O O K Za Y O Z Z_ W 2 W O� Q F > J H F- LL F- F- LL>> m z U) Q V1W QLLZ'R'2 �a LLLL'° W U-wK 0U)FHZ W H W OK IX~ ZQKZQ CO QIZ' U' (7Z W W a _j w U?K r 0 oc zO w? �~O w >?w 5zJ a 730LL0wo -0 FF- mm1- K wO 1611 AI NOV -13 -2007 05:02PM FROM- ONNIESS INC. PAVby; aria Sir( OCD conrraaoYS 1990 Seward Avenue Naples, Florida 34109 (239) 597 -6221 (239) 597 -7416 Fax wwwbonnessinc.com Proposal 11/1312007 Submitted To: Collier County Alternative Transportation Modes Address: 2085 Horseshoe Dr. South Naples, FL 34104 Contact: Tessie Sillery Phone: (239) 659 -5775 Fax: (239) 530 -6219 T-527 P 001 /002 F -396 Estimate Number: 14882007 " 0 ■ Bid Title: Mid Block Crosswalks On Bayshore Dr. Project Location: Bayshore Drive 4 Weeks Ave. & Bayshere 9 Lakeview Dr. Project City, State: Naples, FL Engineer /Architect: Wilson Miller, Inc 11tern # item Description Estimated ouantity Unit Unit Price Total Price 101 -1 Mobilization 1.00 LS 52,001.93 $2,001.93 102 -1 Maintenance Of Traffic 1.00 LS 513,464.31 x13,464.31 110 -4 Concrete Pavement, Rernoval Of Existing 67.00 SY 551.71 $3,46457 520 -1 -10 Concrete Curb & Gutter (Type F) 80.00 LF $30.68 $2,454.90 520 -70 Concrete Traffic Separator 7.00 SY $220.42 s1,542.94 522 -1 Concrete Sidewaik 4" Thick 25.00 SY 5889.75 $2,243.75 526 -1 -2 PaverS, Architectural (Sidewalk) 25.00 S'� $107.87 $2,646.75 555 -1 -1 Directional Bore 180.00 LF $28.21 ;5,0;7.80 630 -1 -12 Conduit ( Underground) 160.00 LF $14.67 s2, 347.20 635 -1 -11 Pull & junction Box 8.00 EACH $366.78 $2,934,24 670 -4 -1 Flashing Beacon Controller Assembly 200 AMBY $24,376.69 $48,753,38 70040 -11 Single Post Sign 4.00 AMBY $6,946.23 521,784.92 711 - 11'123 Thermoplastic 1,310.00 SF $22.23 $29,121.30 715 -1 -11 Lighting Conductors 1,600.00 LF x1.69 $2,704.00 Total Price for above Items: $146,591.49 Total Bid Price: $146,591.49 Notes: - Subject to prompt acceptance within 15 days and to all renditions stipulated on the reverse side, we agree to furnish materials and labor at the prices) set forth above. - Proposal based on bid form provided by Wilson Miller on sheet 7 -2. • Permits, fees, layout, survey, asbuilts and testing by others. Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner !V13 /2007 3:29:08 PM Page 1 or 12 NOV -13 -2007 05:02PM FROM- Puvi'� and C=Wort3 CbWn,010c5 i990 Seward Avenue Naples. Florida 3a109 (239) 597 -6221 (259)597 -7416 Fax www.bonnessinc.com 11/132007 3:29:06 PM T -527 P.002/002 F -396 1611 CONFIRMED ACCEPTED: and conditions are satisfactory Bonness Inc. The above prices, specifications A Y and hereby accepted. Buyer Authorized Signature: Signature- Date of Acceptance: Estimator: 11/132007 3:29:06 PM T -527 P.002/002 F -396 1611 A Y Vic Elasucci Fagg "- of 2 $aysAors $eawtifieation AU TA Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 November 14, 2007 Summary of Minutes and Motions III. Approval of Agenda Add: 1/111. A. Newsletter B. Bayshore M.STUTriangle & side streets Thomas Finn moved to approve the Agenda as amended Second by Victor Brittain. Motion carried unanimously 5 -0. IV. Approval of Minutes — September 12, 2007 Maurice Gutierrez moved to approve the minutes of September 12, 2007. Second by Thomas Finn. Motion carried unanimously 5 -0. V. Landscape Maintenance Report — Ground Zero Tessie Sillery requested approval for $300 to replant along road side South of Bridge side. Maurice Gutierrez moved to change out the line of sight issues with the planting so that they have something & don't get complaints by the resident's. Second by Thomas Finn. Motion carried unanimously 5 -0. Aaron Gross reviewed a previous proposal for removal of one Royal Palm located in front of Bayshore Laundry. Recommended not replacing the Palm due to the size of the island. Victor Brittain moved to get rid of it (Royal Palm) and not replace it ($415). Second by Maurice Gutierrez. Motion carried unanimously 5 -0. ➢ Cross -Walk Installation (1331) (See attached) — Tessie Sillery distributed and reviewed design patterns and color chart for the Thermoplastic pavement material. Victor Brittain moved request the contractor match the existing pattern & color as close (to the existing sidewalk) without going to a special order. Second by Maurice Gutierrez. Motion carried unanimously 5 -0. p � William Wilkkomm suggested meeting in December. 16114 1 William Wilkkomm moved to meet in December to cover what the CRA's position is & to discuss moving forward with S. Bayshore & side streets. Second by Maurice Gutierrez Motion carried unanimously 5 -0. VIII. New Business A. Newsletter — Thomas Finn suggested creating a newsletter to educate the taxpayers about the MSTU. Thomas Finn moved for the development of a MSTU Newsletter. Second by William Wilkkomm. Motion carried unanimously 5 -0. DecoMark _ BY FLINT P R E F O R M E D T H E R M O P L A S T I C D E C O R A T I V E P A V E M E N T M A R K I N G S i 7 • iMk.uaiF„ s" 1 v value, speed and beauty o US14 )ecorative Pavement Markings Ai virtually endless variety of colors and shapes makes DecoMark® the ideal solution for decorative crosswalks, specialty markings, horizontal signage and custom logos. DecoMark® is simple to use because the different colors and shapes of preformed thermoplastic are physically interconnected making it easy and convenient to use. Available in 90-mil and 125 -mil thicknesses, the sheets of DecoMark® material are easily lifted and positioned onto an asphalt or concrete surface for application. DecoMark® Decorative Crosswalks and Walkways While there are numerous design and color possibilities for DecoMark® walkways, Flint offers five stock designs in 2' x 3' interconnected sheets DecoMark® crosswalks provide a cost -effective alternative to the use of brick pavers or asphalt imprinting. ee. %M'`MA. DecoMark ®crosswalks are high :�,l,�� skid resistant and non- retroreflective.:_ _ r,�,�/ �fs According to the FHWA and the cebbl�taM Manual on Uniform Traffic Control Hidgi' �� Herringbone Rurrwrq Bad Devices (MUTCD) Section 3B. 17, the white 8 =: == boundary lines are necessary to establish a , marked crosswalk. Non - retroreflective colored IONGI pavement within the marked crosswalk lines for NON the purpose of decoration only is not considered �•�•� �� to be a traffic control device. Cowtyerd Fl piw DecoMark® Specialty Markings and Custom Logos Increase brand awareness, reduce sign clutter and increase transpor- tation guidance with durable horizontal signage. DecoMark® Specialty Markings include ViziGrip ®, a unique feature that ensures visibility and skid resistance are maximized. Design and color possibilities are endless. The number of uses is extensive: • Custom Logos • Entryways • Driveways • Sidewalk accents • Walking trails • Surveillance Markings • Toll Lane Markings • Horizontal Signage and more h DecoMark® BY FLINT FAST AND EASY INSTALLATION >> >> >> >> Installing DecoMarke is fast, safe and cost -effective with an industrial propane heat torch such as the Magnum Heat Torch. Infrared heaters can be used for large application areas. Because DecoMarke does not require preheating of the pavement to a specific temperature prior to application, there is no need for a temperature gun. DecoMarke does not require expensive capital equipment, customized tools, templates, or grids. The work area can be open for traffic within minutes after the application is complete. The top surface of the material has regularly- spaced indents which provide a visual cue during application that the material has reached a molten state indicating satisfactory adhesion and proper bead embedment has been achieved. The indents also provide a post application visual cue that the installation procedures have been followed. .�1.tAe:.iwr.1 DecoMarke Sealer is required for all crosswalk applications on asphalt and concrete. HIGH SKID RESISTANT FOR SAFETY ViziGripe is a unique feature of DecoMarke Specialty Markings that ensures visibility and skid resistance are maximized, especially where loss of traction in wet conditions is of major concern. DecoMarke Crosswalks are high skid resistant and non - retroreflective. ENHANCED DURABILITY Engineered as a true heavy duty intersection grade pavement marking, DecoMarke provides optimum wear in adverse conditions. When properly installed, DecoMarke does not slip, peel up, or in any way, lose its adhesion. DecoMarke' can last 6 to 8 times longer than painted surfaces. IMPERVIOUS TO OIL AND GAS DecoMarke is oil and gas impervious, yet compatible with all asphalt surfaces. DecoMarke can be applied on fresh asphalt as soon as the road surface sets. WORKER AND ENVIRONMENTAL SAFETY With no lead chromate, heavy metal compounds or VOCs, DecoMarke is completely non - hazardous either during application or removal. MANUFACTURING CONTROL All DecoMarke preformed thermoplastic materials are made at Flint's manufacturing facility which is ISO 9001:2000 certified for design, development and manufacturing. Firs a'C plicators should contact Flint Trading at (336) 475.6600 for product support and bee on -site training. Remove Decoh4arke material and read complete insiallotton instnschons. Clean the surface. Ensure no moisNro is present. Apply DecoMarke Sealer according la instructors. Posom 6* DecoMarke material. Heat DecoMarke with a propane heal larch. Infrared heaters can be used for larger applications. Visit www.flinttroding.com to view the photo gallery of DecoMade product designs and installations. Flint TRADING INCA 115 Todd Court Thomasville, NC 27360 Phone: (336) 475 -6600 Fax: (336) 475 -7900 sales@flinttrading.com www.flinttrading.com V ... Gri,- combines..rfo . bd. .M aba.iws which enhance skid ...lance and nghnime vm,bda , U.5. P.Wn16,217,254 D «.Mark° Pmem Psnding 5000 0607 16114 November 14, 2007 COLLIER courrrY GOVERNMENT 16 TRANSPORTATION SERVICES DIVISION Hannula Landscaping, Inc. 28131 Qauils Nest Lane Bonita Springs, Fl 34135 Alternative Transportation Modes Department 2885 Horseshoe Drive South • Naples, Florida 34104 • Tel. 239 - 774 -8192 • FAX 239.213.5899 RE: Notice To Proceed (P. O. #4500088956; dated 11- 14 -07) Bayshore Drive MSTU Irrigation Effluent Conversion Project Fund and Project Number: 163 - 162525- 763100 Bid # 07 -4155 — BCC - August 14, 2007 Dear Mr. Hannula: This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your firm to commence with the construction for the above referenced project. This NTP is total net project is $217,354.04 The effective start date of the project is Wednesday, November 14, 2007 based on 90 days Final Completion date is: Tuesday - February 12, 200 Sincerely Y s, Darryl Richard, RLA, ASLA Project Manager cc: Rhonda Cummings, Contract Specialist, Purchasing Department Diane Flagg, Director, Alternative Transportation Modes Department Caroline, Soto, Budget Analyst, Transportation Division Tessie Sillery, Operations Coordinator, Alternative Transportation Modes Department 5 Ll 101383 HANNULA LANDSCAPING INC 28131 QUAILS NEST LN BONITA SPRINGS FL 34135 -6932 Please deliver to: LANDSCAPE MAINTENANCE 2885 SO. HORSESHOE DR. NAPLES FL 34104 161 .L4 I 1 / 2 PO numbs Ahft 4500088956 / 11/14/2007 Contod pwsonffelephom Gloria Herrera Our Tax Exemption no. 85- 80126218300 -2 Send invoice to: Board of County Commissioners Attn: Finance Department po Box 413016 Naples, Florida 34101 -3016 Delivery date: Day 09/30/2008 Terms of delivery: FOB DESTINATION Terms of payment: Net 30 Days (20 business days) Item Material Description Order qty. Unit Price per unit Net value 00010 BAYSHORE DR MSTU IRRIG EFFLU CONVERSION 217,354.04000 each 1.00 217,354.04 Rel. ord. against contract 4600001740 Item 00010 Bayshore Drive MSTU Irrigation Effluent Conversion Contract #07 -4155 - BCC Approved August 14, 2007 163 - 162525- 763100 -0 THIS ORDER SUBJECT TO THE FOLLOWING CONOMONS: t.7tf p.prr aralbaWrrab W.aYipl. aor4.p. PWi wPaftlWbWon aanebaon awwaraar. NPPeat P.I.a.r Y. mmawarapop.wewwwa. 2. PYdrsaafrpalew aap.MW W A bmbY\ PmklM a mn.yrwrbt 9 The c.rggn hnabw beP" deftadw amomwepslMt 1. P"y VA be ab/ b smaws wlh WP wavy,aon.alom wpb .;rYliwfnailWw*wladbFar Pralr.Ye DY.pp Prlarft meta goof. &Dab I gaafwa P. pspay nY.n.a pv&wcfteerr.w.l oMllllrn ep Ofpo.q pgamltM g.aWlranwnfbanarp groom wbm apPanoyt akwclwkwarrnrbbbr. 7.YY sw^arbvlbs narN. arh wt bb,a aatnnpP M nren aaa1W a.Opae Yep.af a WW Pert 8.1 ga.1. M Vwdw Yawl. Wwrmi ,Yaaaaan awrk rW arlbf swpeo 4 M Pudrs par Yrb6e89480dw . a. TrVbWY.O.M bnYbP.amb auww wprrrbmarar walFWft8rbfprPW 112M.PWDlr.ana Barsantra prop..wwby. rdresisaPray MAN allbnsf b M FDO DWOMMUR r. 1611 171 1 2 �LOMr PO numDaHdate 4500088956 / 11/14/2007 Item Material Description Order qty. Unit Price per unit Net value Total net value excl. tax 217,354.04 November 14, 2007 1611 A Y Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BAYSHORE MSTU Proied Status (B -35) ACTIVE APOC: Tessie Sillery)- Foxtails installation — Daycare — Aleman Donation 7 -20 -07 - Received Quote from Ground Zero with changes - $ 7,349.00 — Per Pam don't use £oxtail get too big for under power lines 8- 17 -07: Site visit with Pam Lulich — She suggested Mr. Aleman put the trees on his property — since 9- 10 -07: Received several estimates and will discuss at wed. meeting for overall committee decision. 9- 17 -07: Committee decided to have Mr. Aleman come to our next meeting — regarding `tight tree and right place ". 9- 30 -07: Emailed Mr. Aleman and notified of Committee decision — to come and attend next rosin meeting. — Committee will either assist with paying for removal of buttonwoods and Mr. Aleman to pay for palms along with maint and committee will put pavers in the place of buttonwoods. Leave the buttonwoods alone. 10- 24 -07: Mr. Aleman will attend the next meeting on November 14 "i. (B -31) — ACI IV t: (POC Tessie Si Very) Cross -Walk Installations 2 -8 -07: Request for information sent to Bob Tipton for clarification of what steps need to be taken 2 -8 -07: Per Traffic Ops Dir. They would need to hire an engineer to prepare and S &S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a R/W Permit to install it. They would also need to present an agreement to maintain the installation along with the Permit application. 3- 21 -08: City of Marco replied — crosswalk (4 lanes of traffic & 15ft median) $75,000 including design & installation 3- 21 -07: Committee requested for Vick and Tessie to do a study. 4- 18 -07: Vick & Tessie will be out in the field. 4 -30 -07 : Tessie Gathering information for meeting from City of Naples & City of Marco 5 -9 -07: Committee requested for more information and two scopes for two different crosswalks for design & construction for next meeting. 5- 16 -07: Met with Tipton and discussed statutes and approved FDOT crosswalks. 5 -30- 07: Met with Chief Pottinger /Maurice/ Pam Lulich/Bob Tipton — all agreed good site for crosswalk and Maurice is fine with the plans. 5- 30 -07: Requested Wilson Miller to do scope on fire signal plans to add crosswalk and to do another scope of two other locations with cost analysis. .6- 15 -07: Received Scope for 1 crosswalk design only - $2,500 at the firestation and $7,500 for two other locations — design only. 6- 18 -07: Field trip with Tipton and he approved all three locations for crosswalks 6- I8 -07: Tipton requesting to see Botanical Walkway 6- 29 -07: Requested quotes from three other firms 7- 11 -07: No one replied due to email problems — and holiday. 7- 23 -07: Bayshore Committee approved up to $7,000 for crosswalk design & Work Order in process waiting on Engineer Consultant. 8- 22 -07: Wayne Hart — Wilson Miller will be attending Sept. meeting with the design. 8- 23 -07: Reviewed locations with Victor. and get Diane's advise. 161414 9- 06 -07: Wilson Miller provided design for crosswalks - to make presentation at meeting on wed. 9- 17 -07: Committee discussed crosswalks and requested for a study on vehicle turning near a crosswalk at a stop sign. 9- 20 -07: Per Mark Rothemberger, Operations Analyst Project Mgr. - R& B.(239) 7748925 • "Bayshore Dr. has a PCI value of 98.03, which places it well beyond the 5+ year schedule. Unless something drastic occurs, I wouldn't count on this road being resurfaced for the next 10 years." 10- 05 -07: Received plans with one crosswalk straight and other at an angle. 10- 06 -07: Darryl and I met with Bob T. (Traffic Operations Director) : He made the following requests: 1) To make a separate detail sheet to show the Logos for the crosswalk and what they look like. 2) There are supposed to be two bayshore logos (one on each side)(center of the road) (horizontal) 3) The crosswalk needs to be straightened out - It should not be at an angle. 4) The tip of the median would be rounded off at (lakeview and cricket lake drive) - inorder for the -- crosswalk to be straight. 10- 17 -07: Andy V.- R &B emailed comments with changes to drawings: • 'The only comment I have on the drawings is Note 7, sheet T -3. The minimum curb cut is 4'0" in accordance to FDOT Standards Specifications." • "I would like to point out that Road Maintenance WILL NOT maintain this type of crosswalk" 10- 23 -07: Wayne Hart — Wilson Miller Design Engineer emailed the following: • The plans did not need updating from what whe sent you previously. See response to below to Andy's comments: • We understand the minimum curb cut is 4 ft in accordance with the design standards and that is what is shown in the plans. Note 7 refers to the 2 ft minimum full curb height that must be provided between 2 ramps, also a requirement of the design standards and we included in the plans for emphasis because we are adding a new ramp next to an existing ramp. • 2. Bayshore MSTU will need to contract with someone to maintain the crosswalk as needed. This is not an issue with respect to the contract to construct the crosswalk, so no action is needed. 10- 24 -07: Tessie forwarded email back to Andy — R &B with Wayne's comments. Pending response, in order to get signed and sealed plans from design engineer. 11 -2 -07: Received by courier — the sign and sealed plans from Wilson Miller 11 -6 -07: Requested Quote from annual Contractor — Bonness — timeline to be received by 11- 13 -07. (B -24) — ACTIVE -(POC: Darryl Richard) Effluent Conversion Project SCHEDULE: Bayshore MSTU: Effluent (Re -Use) Project - Windham Design Consultant Bayshore MSTU: Effluent (Re -Use) Project - Windham Design Consultant PHASE Start - End Date DESIGN 2/14/07 - 4/14/07 (plans delivered 5/1/07) 21 DAY BIDDING 5/21/2007- 7/212007 BID DUE 7/2/2007 Bashore Committee Approval 7/11/2007 BCC APPR 8/14/2007 - awarded Hanula - purchasing has contract NTP CONST 11/14/2007 90 Day Substantial Completion 2/12/2008 Final Completion Date 2112/2008 10 -4 -06: Committee approves $15,000 for Consulting Services 10 -5 -06: McGee & Associates contacted regarding project Scope of Services. 10- 20 -06: Question regarding technical specifications for project and `As Built' plan request by McGee & Associates. 10- 30 -06: Plans of record are forwarded to McGee. 11 -3 -06: Application for Meter Tap received from Utilities —Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1 -2 -07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1- 16 -07: Committee approved proposal on 1 -3 -07 - WO # requested for $4,542.00 1- 23 -07: WO ready for pick up 1- 31 -07: WO picked up — Windham on family leave emergency 2- 01 -07: WO received by County staff 2- 01 -07: WO routed to Budget Analyst for processing for signatures 2- 12 -07: Re -Use Department completed tap to re -use line on Thommasson at Bayshore Drive. 2- 14 -07: NTP — Windham — Work Order ends April 14, 2007 3 -21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4- 17 -07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5- 14 -07: Plans under review. 5- 23 -07: Plans delivered to purchasing ready for bid process. 6- 14 -07: Pre Bid meeting — bids are due July 2, 2007 7-11-07: Addendums — bids are due by July 11, 2007 7- 23 -07: Executive Summary — In Novus for Absentia — BCC — Aug. 24, 2007 8- 14 -07: County Manager Approval (Abstentia BCC Action) 8- 22 -07: Risk Mgmt. is reviewing contract 9- 10 -07: Waiting on approval of contract from Risk Mgmt. 9- 24 -07: Still waiting on approval of contract! 10- 22 -07: B. Brilhart — purchasing in process of issuing contract. 11 -6 -07: Final Contract Received -Issue of Purchase Order in process. 11-7-07: Pre - Construction Meeting held for project. I 1- 14 -07: PO issued for Project; Notice to Proceed sent to Dale Hannula (B -18) - ACTIVE-(110C Darryl Richard) FDOTLightingGrant - BayshoreBridgeProject; SCHEDULE: Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE NTP Design 30 Days to 100% Drawings Staff review of 60% submittal 90% Submittal to FDOT FDOT Plan review (30 day min.) FDOT comments to JRL JRL response to 90 pc comments -due 21 Day Bidding BCC APPR NTP CONST 90 Day Substantial Completion Final Completion Date Start - End Date 9/5/2007 10/15/2007 (60% submital by consultant vs. 100% requested) 10/15/07 - 11/7/07 11/14/2007 11/14/2007- 12/14/2007 12/14/2007 12/30/2007 1/7108- 1/28/08 2/19/2008 3/20/2008 6/8/2008 6/8/2008 Y 1611 A I Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement, 4- 12 -06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5 -1 -06: Purchasing Assisting with RIP Process. Contact with Committee for RFP and confirmation of participation pending. 5- 30 -06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for RFP. (Consult w/ Kevin Dugan for environmental) 6- 12 -06: Michelle Peronto reviewing submittal per environmental impact statement. — Purchasing coordinating RFP. 6 -27 -06 — Environmental Review pending 7 -18 -06 - Environmental Review pending 8 -2 -06 - Environmental Review pending 8 -7 -06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 22 -06: Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 30 -06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is `on track' as per her schedule. 9 -6 -06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. 9- 28 -06: Draft Agreement from FDOT received 9- 29 -06: Scott Teach approves draft Agreement with one minor change. 10 -5 -06: Staff receives Agreement form FDOT. 10 -5 -06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11- 28 -06: BCC approved LAP — Agreement 12 -4 -06: Signed LAP and Resolution by BCC approval picked up 12- 18 -06: FDOT Notice to Proceed for RFP Design Consultant received. FDOT Design Phase for project is NTP date 12- 15 -06; services are to be completed on or before December 31, 2008. 12- 21 -06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1- 16 -07: Coordinating with Purchasing on RFP 1- 30 -07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2- 13 -07: Michelle Peronto confirms that RFP for Design is necessary and the RFP for Lighting Specification of Lumec may not be required if project drawings to not indicate " Lumec" as sole source but rather have `performance specification' called out. 2- 21 -07: Michelle Peronto confirms that $50,000 cannot be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re- submittal to Collier County BCC. 3- 20 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 17 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 25 -07: First RFP Selection Committee meeting — preliminary review of proposals. Coordination and definition of Committee Member roles. Next meeting scheduled for May 15, 2007 for actual selection for Design Firm 5- 23 -07: Purchasing negotiating with JRL — selection committee chose JRL. 6- 20 -07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7- 11 -07: JRL and Darryl presented and discussed upcoming project 7- 23 -07: Contract Pending —Purchasing 9 -5 -07: Notice to Proceed — 90 days completion date: December 0, 2007 10- 15 -07: 60% drawings submitted. Staff determines that they are 60% (changes required prior to FDOT submittal 11- 07 -07: comments for 60% submittal forwarded to JRL. 11 -9 -07: JRL provides 90% submittal draft copy 11- 14 -07: 90% plans are due from JRL (signed and sealed) for FDOT Submittal) 1611 ,q (B -33)- COMPLETED (POC: Tessie Sillery) Decorative poles for Road Signs ( Bayshore vs Thomasson) 3- 19 -07: Victor requested committee to discuss changing signs. 3- 21 -08: Lumens responded: Quote: Painted decorative 4" post with ball finial top, for use with signage, around $600 each, plus frt, in a standard color. If we have to use the custom RAL color, there is a $500 lot setup charge whether there are one or one hundred units. 3- 21 -07: Committee decided to have Tessie & Vick review idea and information. 4- 18 -07: Vick & Tessie Field study. 5 -9 -07: Lykins sent in a quote and Committee will discuss. 5 -9 -07 : Committee approved and request for po pending traffic ops approval. 5- 14 -07: PO – Lykins — setting up meeting for next week – field meeting to give NTP 5- 30-07: NTP – given and August 30'h, 2007 Final Completion due date 7- 11 -07: Sign Poles to be installed in two weeks. 7- 23 -07: Sign Poles to be installed next week. – Per email from Tony Lykins on 7- 23 -07. 8- 02 -07: Lykins began installing poles today. 8- 15 -07: Project Completed, punch -list inspection pending. 8- 22 -07: Some signs were missed by Lykins and will be bringing new estimate to committee on 9- 12 -07. – Punch list –completed. (B-28)-COMPLETE (POC: Tessie Sillery) Accident # 475 at Bridge 10- 30 -06: Landscaping Repaired 12- 16 -06: Lighting Repaired 1- 17 -07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre -cast work is requiring additional review. 1- 29 -07: PBS is finalizing quote for bridge. Suppliers have been contacted regarding pre -cast formwork. 2 -8 -07 - PBS getting special order for special bridge materials (coping) and tile - quote pending 2 -8 -07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2- 23 -07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote. 3- 21 -07: PBS Quoted - $9,715.00 - attached proposal - 30 day construction time frame - after NTP. 4- 17 -07: Work Order in the system waiting for signatures. 4- 30 -07: W.O. waiting for system release on internal approvals. 5 -1 -07: NTP was given to PBS - To be completed by 5- 31 -07. 5 -9 -07: Pavers need to be ordered and will take up to 65 days for receiving . 5- 24 -07: Pavers are on order and will not be for 4 more weeks. 6- 19 -07: Waiting on the concrete caps. And should be done by Friday June 22, 2007 6- 30 -07: Project finished. 7- 18 -07: Field Meeting- looked and approved payment for project. (B -34) COMPLETE -(POC: Tessie Sillery)- FP &L - working on poles- have dug up irrigation. 3- 21 -07: Committee requested for tessie to check who did damage and can get reimbursed? 4- 10 -07: Requested information from Kate D. - FP &L Rep. 4- 30 -07: Kate out of town and requested information again. 5 -3 -07: Kate left a message saying - FP &L was not doing any work on bayshore. 5 -9 -07: Checking with Traffic Ops & checking with EB Simmonds. Unidentified contractor damaged irrigation system. Irrigation system has been repair by Ground Zero under contract. (B -26) - COMPLETE -(POC: Tessie Sillery) Bayshore Drive Sign in Median 1 -3 -07 - Committee motioned for Darryl & David to come up with a design 1 -15 -07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. 1- 23 -07: David Jackson confirms image Concept E is approved for sign with words `Drive' I- 29 -07: Request for PO for Diane to sign 2- 05 -07: NTP - timeline - 2 or 3 weeks 3- 21 -07: Timeline moved up to end of next week. 1611 4- 10 -07: Sign refurbished and up on the pagoda ... looks good. (B -27) COMPLETE —(POC: Tessie Sillery) Bridge Banners Only 1 -3 -07 — Committee motioned for Darryl & David to come up with a design 1 -15 -07 — Darryl entailed committee with staff proposal with a deadline to receive confirmation on ideas. By 1 -19 -07 1- 23 -07: David Jackson confirms approval for Concept E which is similar as existing image on sign with `Drive' lettering. Tessie Sillery is coordinating on purchase. 2 -5 -07: NTP— timeline approx. 15days 3- 20 -07: Banners received and look awesome. And are up on the bridge poles (B -29) COMPLETE -ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1- 18 -07: PO for additional banner arms for replacement of damaged sent to FourSeason Banner. 1- 22 -07: replacement banner arms received from FourSeason Banner. 1- 26 -07: NTP - PO for purchase of 60 banners for continued replacement and installation sent to Lykins 2- 08 -07: Spoke with Lykins and estimated - timeframe 15 days 3- 07 -07: Banners received and Aaron put them up. 3- 21 -07: Aaron & Tessie will discuss with committee (old banners) 3- 21 -07: For now no new banner order per committee 4- 17 -07: Banners are looking good. (B -30) - CANCELLED —(POC: Darryl Richard) Sidewalk Conversion to Brick Paver (from existing pavers to Windstar); Note: Project ends at Windstar due to projected developer project South of Windstar) 2 -8 -07: Request for quote sent to Bonness, Inc under annual contract. 3 -1 -07: Quote received on 3 -5 -07 - $ 229,844.08. 3- 21 -08: Committee to review quote today. 3- 21 -07: Committee put it on hold. —too much money for now. (B -32) COMPLETE - POC: Tessie Sillery)— PAGODA— PAINTING 2 -7 -07: Committee approved — Lykins Quote $1,000.00 2-12-07: NTP — and completed by 3 -12 -07 3- 12 -07: Pagoda painted and completed. B -34) - COMPLETE--(POC: Darryl Richard) — Lumens in existing pedestrian lights be increased? 2 -2 -08 : Traffic Ops. Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. (B -31) — COMPLETE. - (POC: Darryl Richard): Landscape on County Right -of -Way at 3137 Bayshore Drive; EBB Tide Apartments Inc.; Attn: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2 -2 -07: Meeting with Randy Richards confirms that crotons were removed as per January 3rd Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MSTU Committee for review. Letter was sent confirming meeting and discussion. (B -30) — COMPLETE - (POC: Darryl Richard): Landscape on County Right -of -Way at 4069 Bayshore; Palmyra Club Investors LLC; c/o John Steffan, welovenaples realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109 -7874; :} 1 A 2 -2 -07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. (13-25)—COMPLETE - (POC: Darryl Richard) Hedge on Bayshore — At the request of Code Enforcement and County Sheriffs Committee directed staff to trim hedge at 1 -3 -07 regular meeting. 1 -4 -07 — Completed — Contractor Trimmed Hedge (B -15) - COMPLETE- CAT BUS BENCHES -DUMOR INSTALLATIONS — 2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6- 14 -06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6- 21 -06; Need Status for order and permit 6- 27 -06; 10 to 12 weeks out (pbs did not order parts as requested) 7- 18 -06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9.1 -06 8 -7 -06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8- 22 -06; Victor Stanley order not received by PBS. 9 -5 -06: Victor Stanley order is confirmed exact shipment date has not been set. Anticipated Delivery of Benches is by October 15, 2006. 10 -4 -06: Committee approves $1,500 per installation at new proposed locations near CAT Bus Stops. Project will be coordinated with CAT. 2 sites (old Victor Stanley Bench locations) will be funded through CAT Funds; 2 additional sites will be funded through Bayshore MSTU Funding. Funding for 2 prior CAT installations is already allocated for that project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10- 15 -06: 2 Victor Stanley benches are received by PBS Contractor. 10- 31 -06: Review of sites for PBS Quote; PBS will provide quote for installation. 12- 15 -06: ROW Permit issued: Permit Time -lime: Work Commencement 12 -15 -06 with completion by 6 -30 -07 per permit. 1- 16 -07: Contractor will complete by 1 -26 -07 (B -22) — COMPLF.TF - Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9 -5 -06: Bayshore MSTU Committee votes to hold a `Workshop' with the CRA; Specific Purpose needs to be determined; CRA Meeting Minutes need to be checked to determine commitment/vote by CRA to hold meeting as requested by David Jackson. 9- 19 -06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. 10 -3 -06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10- 20 -06: Meeting is set for Dec. 6, 2006 at Human Resources Training Room. 10- 30 -06: Review and approval of Agenda is pending by Bill Neil, Committee Chairman. 12- 06 -06; Both the CRA and the Bayshore will have a workshop (B -23) — COMPLFTF. - Carryforward Report : 8 -2 -06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget, the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a summary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a summary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9 -6 -06: Mark Isackson and Sharon Newman not in attendance and no report 10- 23 -06: Report that Sharon and Mark will attend next MSTU meeting on Nov. I, 2006 11-1-06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B -21) - COMPLETE - Application For Re -Use; Utilities Department 1611 AA 1 Project Start 5- 16 -05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 2001 (per Bob Petersen). Bob Casey cannot find original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12- 25 -06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1 -3 -06: Marisa Garcia confirms that `calculations' by a consultant are necessary prior to approval of the Application for Re -Use. 8- 22 -06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8 -22 -6) 8- 24 -06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re -Use. Anticipated confirmation of approval of Application for Re -Use is by September 30, 2006. (Complete 9/11/06) 9- 11 -06: Utilities confirms approval of Application for Re -Use. 9- 11 -06: Staff request confirmation of connection point for re -use system and hard copy of approved application. 9- 19 -06: Staff resends request for hardcopy of approved application. 10 -3 -06: Staff request location for connection. 10 -4 -06: Written approval received from Utilities for application approval as per Ron Molly, Collier County Utilities. Committee approves funding for next phase of project: Design and Construction. (B -19) - COMPLETE - Project Coordinated with CAT under Item B - IS -Trash Can Installation; Project Start Date: 8 -2 -06: Bayshore MSTU Committee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8- 22 -06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Project Completion is November 30, 2006. 10 -4 -06: Bayshore Committee approves $1,500 per bench/trash can installation. 10 -6 -06: Request for revision in quote sent to PBS. 10- 30 -06: Field Meeting to review the requested sites prior to PBS quote for job. 4 sites approved. PBS will provide quote. 10- 30 -06: Project reported under item B -15 (B -16) COM PLE f E - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re- occurred per MSTU committee meeting 6/7/06. 6- 13 -06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re- submitted to Code Enforcement. Michelle Arnold has confirmed that this item will be brought before the Code Enforcement Board for review. 6- 21 -06; Need Michelle Arnold follow -up 6- 27 -06; Michelle Arnold contacted staff and requested to put on special master 7- 18 -06: Waiting on response from Michelle Arnold 8 -2 -06: Code Enforcement working on preparation of case 8- 22 -06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8- 30 -06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (1) Survey of Ingram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8- 30 -06: Michelle Arnold confirms that a `Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copy Notice of Violation September 15, 2006. 9 -7 -06: Copy of 9 -7 -06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 10 -4 -06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. 1611 4.9 X (B -17) -COMPLETE -Project Due — 9 -25 -06 - -- DESIGN GUIDELINES: Master Plan MSTU /CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CPA part of the Scope separate from the MSTU. 4- 17- 06- Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA 5 -1 -06; As per Committee Approval— Work Order is pending; Comments from Purchasing review of Work Order and responsibility of 'Project Manager' is pending. 5 -8 -06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5 -9 -06; Gail Boorman attendance at Bayshore Area Public Meeting. 5- 15 -06: Work Order to A.Gail Boorman sent to Gail's Office. 5- 15 -06; Work Order signed by all and given to Budget Analyst for P.O to be issued — waiting on routing #'s from David Jackson. 5- 30 -06; NTP — issued to Boorman & Assoc. on 5 -24 -06 6 -3 -06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6- 12 -06; Work on Design Guidelines Currently in progress — project due on 9 -25 -06 6- 27 -06; Gail coordination with staff and CPA — no report — will be attending next meeting with an update 7- 18 -06: Gail to attend next mstu meeting with an update and status. 8 -2 -06: Gail Boorman could not attend MSTU meeting and sent written update /status report for project. Due date of 9/25/06 has not changed. 8 -7 -06: Gail Boorman status report received. Need 'preliminary' report submitted prior to 9 -25 -06 deadline for staff review. 8- 15 -06: Gail Boorman presentation to David Jackson, Tom Finn, and Daryl Richard for 60% Submittal. Gail's book portion of project is pending. 8- 21 -06: Gail invoice for 30 -60 percent complete. 8- 22 -06: Final 90% Submittal is due prior to 9 -25 -06 for staff review. Anticipated delivery of 100% Project Document from Gail Boorman is September 25, 2006. 9- 23 -06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9- 28 -06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project. (B -20) - COMPLE'T'F. -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8 -2 -06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8- 28 -06: FlagandBanner, PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set -Up Fee. 8- 28 -06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8- 30 -06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9 -1 -06: Grady McCoy of Flagandbanner confirms that they are under production for the banners. 9 -5 -06: Grady confirms that sample banners (1) Flower /Butterfly and (1) Beatle /Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Project End upon approval of samples is September 27, 2006. 9- 19 -06: Request for status for 2 sample banners sent to Grady McCoy. 9- 28 -06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner will be closed. 10 -4 -06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff. Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of $72.0 a piece. Staff was successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10 -6 -06: Purchase Order request submitted by Liason Staff to Budget. 10- 16 -06: PO number received from Budget for Project. 10- 16 -06: PO emailed to Lykins for order of 40 Banners 10- 30 -06: 48 Banners received from Lykins. 8 additional 'spare' banners provided at no additional cost. 0 16 11 'k! I t (B -14) - COMPLETE- Comparison of cost for effluent versus non - effluent water for Bayshore. 8- 28 -06; Staff completes cost benefit analysis: Based on potential cost savings of $17,537 per year the Bayshore MSTU could recoup the cost of the Re -Use conversion within 4 years after project is complete. (B -13) COMPLETE- Maintenance Contract 05 -3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload. - 7-18-06: Parts are on order - Irrigation Manager - Roger Dick 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Plantings of Juniper are complete by Ground Zero (B -12) - COM PLETE,- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at ATM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5 -1 -06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5- 30 -06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6 -1 -06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6- 12 -06; Roger Dick to upload software for controller on June 14, 2006 6- 27 -06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not'talking' to the central. The South Clock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick- still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B -1 l) - COMPLETE; Project due 7 -25 -06 -Effluent Connection- Consultant Calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham - Calculations pending 7 -18 -06 - Project due on 7 -25 -06 7- 24 -06: Windham Studios provides report for calculations. (B -10) -COMPLETE; Project due 7 -25 -06 -Effluent Connection- Application for Re-Use and related request from Utilities Department for Consultant calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 10 16)1 Aj 1 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham — Calculations pending 7 -18 -06 — Project due on 7 -25 -06 8 -2 -06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch -list item which is pending. (B -9) - COMPLETE; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6- 12 -06; MSTU staff to contact ENFD to advise of MSTU committee's request to stop work. 6- 27 -06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7- 18 -06: On 7 -12 -06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8 -2 -06: ENFD representative Chief Porringer reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 10- 20 -06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Porringer and Commissioner Bob Hughes. (B -8) -COMPLETE; Bidding of Maintenance Contract #05 -3689; Recommendation to award bid to lowest, qualified, responsive bidder to be Ground Zero, owner: Aaron Gross. (B -7) - COMPLETE -Qty. 6 Palm removal/relocation Project August 11, 2005: 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B -6) - COMPLETE - Irrigation Mainline Break Repairs September 12, 2005: CLM repaired 5 Breaks total. (B -5) - COMPLE.'I E 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B -4) - COMPLETE. - 6 -7 -06 - Cricket Lake Apartments — MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staff by Contractor prior to commencement of work. (B -2) - COMPLETE — 7 -18 -06 - Pavers Repair 6 -13 -06 Boness issued a purchase order in the amount of $9,880.00 for repair of 29 areas of pavers. Projected completion date 8- 30 -06. 6- 27 -06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B -1) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3- 06 -06: Gail Boorman to make recommendation as part of master plan. 3- 08 -06: MSTU Committee creates Working Group to advise on Banners for selection. 3- 16 -06: Meeting with Victor Britten for Working Group — 2 banners selected. Victor to look at other designs and meet again w/ Staff. 11 16i1A I 5 -1 -06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5- 30 -06: Pending estimate from annual Lykins. 6- 13 -06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6- 21 -06; Need Graphic Sample for review 6- 27 -06; Graphic approved 8 week production to delivery of banners. 7- 18 -06: Banners delivered and are up..... (B -3) - CANCELLED -Banner Arm Replacement Project - $16,676.00 50 Standard @ $304.00 ea. for a total of $15,200.00; 4 double @ $369.00 ea.for a total of$1,476.00; Proposal by Committee does not meet current FDOT Regulations; August 8, 2005: The Proposal has been rejected by ROW based on Current FDOT Standards. 12 16 1 1 q = L W a ' gg z y 4 ; �3 t a 3 a �s W8 a j PT "R -A ,A rc XT Eit laF_ASG i�� }�iii� e Q � 2 C�no E 1. 4 (n �i1"li w� S�yj U��l QC 71 .r CQ lb v W 1 U � x 0 ti U W a zq� � � d o l 1, | 1 lm ! . .,:.§ §■ � - � \ / ;. /s� ) §� \® .,jjr! ■. �< �y, WQ M Q W a 0 x �a o Q N [p 'ao n3In3)Ov3 a.Vrr 13.VJia3 e 8 Ory ^ n� ar s Aga p�Y Y 6�@ e Yti sY a �Yd tit a H a 1 6 | \!t k / It 0 | .q` m m `'+ m» ` j � \: § &h/ )§§ � ! || �� Fiala ; Halas Henning�� ---- 1611 Coyle A 1 Coletta Bay0we BaardificatioN M,S.7A Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 December 12, 2007 Minutes I. The meeting was called to order by Bill Neal at 3:03 PM. II. Attendance Members: Bill Neal, Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor Brittain County: Tessie Sillery - MSTU Project Coordinator, Caroline Soto - Budget Analyst, Diane Flagg- Director Others: Aaron Gross — Ground Zero Landscape, Darlene Lafferty — Mancan, David Jackson - CPA III. Approval of Agenda Thomas Finn moved to approve the Agenda. Second by Victor Brittain. Motion carried unanimously 3 -0. IV. Approval of Minutes — November 14, 2007 Thomas Finn moved to approve the minutes of November 14, 2007. Second by Victor Brittain. Motion carried unanimously 3 -0. Tessie Sillery requested approval of Bonness quote in the amount of $146,591.49 for the crosswalks. Victor Brittain moved to approve the Bonness quote in the amount of $146,591.49 for the crosswalks. Second by Thomas Finn. Motion carried unanimously 3 -0. Tessie Sillery reported the following from Road Maintenance: 1. MSTU will be responsible for the maintaining the Crosswalks after installation. 2. ROW Fees for Lane Closures. Stated higher fees would be incurred from November through April. Noted the following: ➢ Submitted Permit application - total cost $2000 Misc :orre� ➢ Contractor requires a Lane closure of 5 days per crosswa% ate i'em 1611 A a. Additional cost per crosswalk $3,000 — $4,000 William Wilkkomm arrived 3:10 P. M. Discussions ensued concerning the ROW fee schedule. Maurice Gutierrez arrived 3:14 P. M. Victor Brittain moved to proceed as promptly as possible on the crosswalks authorizing Tessie Sillery to spend necessary funds to secure lane closure (ROW Permit) for safety purposes. Second by Thomas Finn. Motion carried unanimously 5-0. V. Landscape Maintenance Report — Ground Zero Aaron Gross reported: 1. Removal of Royal Palm 2. On schedule with pruning Bill Neal inquired on the Effluent Conversion status. Diane Flagg responded the completion date is February 12, 2008. She announced the "possibility" of Phase 4 Restrictions being implemented February — March. Noted no irrigation restrictions would apply with the Effluent Conversion. Tessie Sillery requested approval for a Change Order to oversee Construction of the Project in the amount of $6,974 for Windham Studios Inc. The Committee questioned why the Change Order amount was not included in the original bid. Diane Flagg noted the Change Order was at Contractor pricing. She stated that CEI Services are normally part of the Scope & would question why it was not included. Discussions continued. Maurice Gutierrez moved to approve additional monies in amount of $6,974 pending verification that the invoice is inline with County Purchasing procedures. Second by William Wilkkomm. Motion carried unanimously 5-0. Tessie Sillery reported on South Bayshore mowing. Stating the standard mowing schedule for Road & Bridge is every 8 -10 weeks at a rate of $15.00 per acre. Discussions ensued & it was determined the above County rate was for the standard method of mowing (bush hog.) The mowing schedule allows for growth of high weeds. It was suggested that Ground Zero Landscaping maintain the mowing on South Bayshore. Aaron Gross quoted $88 per cut & required 26 cuts per year. It was suggested to bill the County the standard $15 per acre. 161 1 A` 1, Thomas Finn moved to contact the County to take the responsibility (of mowing South Bayshore) and they (the County) can reimburse (Bayshore MSTU) at their convenience. Second by Victor Brittain. Motion carried unanimously 5-0. David Jackson requested the hedges at Abaco Bay be maintained at 5 -6 ft level. Discussions ensued regarding the appropriate hedge height for Abaco Bay & Botanical noting it was a safety issue. Aaron Gross responded he would lower the hedges to 5 -6 ft height. Tessie Sillery reported Mr. Aleman was not able to attend. It was agreed to put the project on hold until Tessie can meet with Mr. Aleman. VI. Transportation Services Report A. Budget Report Caroline Soto distributed and reviewed. (See attached) • Improvements General Available $1,774,745.96 • Capital Outlay $217,354.04 (Effluent Conversion) Bill Neal reported the CRA has agreed to pay for'' /2 of the South Bayshore Study William Wilkkomm stated Sabal Bay is in the planning stage. The Project Manager has expressed interest in forming a partnership for South Bayshore. Noted it could be an additional source of Funding. Discussions ensued & it was agreed to proceed with the South Bayshore Study in order to unite with the CRA. Installation of Cobra lights on South Bayshore was questioned. It was suggested to contact FPL to install temporary lighting on all poles. David Jackson stated the CRA cost is $1,000 per year for 7 Cobra lights at intersections and noted a proposed 3 -year contract with FPL is with the CRA legal department. He suggested additional MSTU lighting could be added to the contract for installation simultaneously. William Wilkkomm moved to approve MSTU to pay for additional lights that are not covered by CRA on South Bayshore and not to exceed $3,000 per year. Second by Maurice Guiterrez Motion carried unanimously 5 -0. Discussions resurfaced referencing the South Bayshore Study. It was suggested to request quotes from design teams already under Contract to expedite. It was suggested the CRA select the Consulting firm. Maurice Guiterrez moved to allow David Jackson t o develop a scope of service & to obtain quotes on developing that quote and bring the cost of 1611 the design services back to the MSTU. Second by Thomas Finn. Motion carried unanimously 5 -0. B. Project Manager's Report - Tessie Sillery distributed and reviewed. (See attached) 1. FDOT LAP Grant Project - None 2. Decorative road signs — None 3. Crosswalks — Previously discussed V. 4. Effluent Water Conversion Project — Previously discussed V. 5. FPL Utility Pole Work Causing Breakage — None VII. Old Business A. Future Projects 2008 — None B. Roadway Signage Changes - None C. CRA Committee Member - None D. Discuss Post Hit near Trailer Park - None E. Accident on Bayshore by Moorhead Manor - None F. Sammy Aleman Donation of Foxtails — Previously discussed V. VIII. New Business - None IX. Public Comments —None X. There being no further business for the good of the County, the meeting adjourned at 4:37 PM. Bayshore MSTU Advisory Committee Bill Neal, Chairman ^, -`i.o9 These minutes approved by the Committee on as presented e/ or amended The next meeting is .January 9, 2007 at 4:00 p.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 December 12, 2007 1611 A 1 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BAYSHORE MSTU Project Status (B -35) ACTIVE -(POC: Tessie Sillery)- Foxtails installation - Daycare -Aleman Donation 7 -20 -07 - Received Quote from Ground Zero with changes - $ 7,349.00 - Per Pam don't use foxtail get too big for under power lines 8- 17 -07: Site visit with Pam Lulich - She suggested Mr. Aleman put the trees on his property - since 9- 10 -07: Received several estimates and will discuss at wed. meeting for overall committee decision. 9- 17 -07: Committee decided to have Mr. Aleman come to our next meeting - regarding "right tree and right place ". 9- 30 -07: Emailed Mr. Aleman and notified of Committee decision - to come and attend next mstu meeting. - Committee will either assist with paying for removal of buttonwoods and Mr. Aleman to pay for palms along with maint and committee will put pavers in the place of buttonwoods. Leave the buttonwoods alone. 10- 24 -07: Mr. Aleman will attend the next meeting on November 10. 12- 10 -07: Mr. Aleman will attend the next meeting on December 12. (B -31)- ACTIVE -(POC: Tessie Sillery) Cross -Walk Installations 2 -8 -07: Request for information sent to Bob Tipton for clarification of what steps need to be taken 2 -8 -07: Per Traffic Ops Dr. They would need to hire an engineer to prepare and S &S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a R/W Permit to install it. They would also need to present an agreement to maintain the installation along with the Permit application. 3- 21 -08: City of Marco replied - crosswalk (4 lanes of traffic & 15ft median) $75,000 including design & installation 3- 21 -07: Committee requested for Vick and Tessie to do a study. 4- 18 -07: Vick & Tessie will be out in the field. 4 -30 -07 : Tessie Gathering information for meeting from City of Naples & City of Marco 5 -9 -07: Committee requested for more information and two scopes for two different crosswalks for design & construction for next meeting. 5- 16 -07: Met with Tipton and discussed statutes and approved FDOT crosswalks. 5 -30- 07: Met with Chief Pottinger/Maurice/ Pam Lulich/Bob Tipton - all agreed good site for crosswalk and Maurice is fine with the plans. 5- 30 -07: Requested Wilson Miller to do scope on fire signal plans to add crosswalk and to do another scope of two other locations with cost analysis. .6- 15 -07: Received Scope for 1 crosswalk design only - $2,500 at the firestation and $7,500 for two other locations - design only. 6- 18 -07: Field trip with Tipton and he approved all three locations for crosswalks 6- 18 -07: Tipton requesting to see Botanical Walkway 6- 29 -07: Requested quotes from three other firms 7- 11 -07: No one replied due to email problems - and holiday. 7- 23 -07: Bayshore Committee approved up to $7,000 for crosswalk design & Work Order in process waiting on Engineer Consultant. 8- 22 -07: Wayne Hart - Wilson Miller will be attending Sept. meeting with the design. 1611 A I 8- 23 -07: Reviewed locations with Victor. and get Diane's advise. 9- 06 -07: Wilson Miller provided design for crosswalks — to make presentation at meeting on wed. 9- 17 -07: Committee discussed crosswalks and requested for a study on vehicle turning near a crosswalk at a stop sign. 9- 20 -07: Per Mark Rothernberger, Operations Analyst Project Mgr. — R& B.(239) 7748925 • "Bayshore Dr. has a PCI value of 98.03, which places it well beyond the 5+ year schedule. Unless something drastic occurs, I wouldn't count on this road being resurfaced for the next 10 years." 10- 05 -07: Received plans with one crosswalk straight and other at an angle. 10- 06 -07: Darryl and I met with Bob T. (Traffic Operations Director) : He made the following requests: 1) To make a separate detail sheet to show the Logos for the crosswalk and what they look like. 2) There are supposed to be two bayshore logos (one on each side)(center of the road) (horizontal) 3) The crosswalk needs to be straightened out — It should not be at an angle. 4) The tip of the median would be rounded off at (lakeview and cricket lake drive) — inorder for the crosswalk to be straight. 10- 17 -07: Andy V.- R &B entailed comments with changes to drawings: • -'The only comment I have on the drawings is Note 7, sheet l' -3, "I he minimum curb cut is 4'0" in accordance to FDOT Standards Specifications." • "I would like to point out that Road Maintenance WILL NOT maintain this type of crosswalk" 10- 23 -07: Wayne Hart — Wilson Miller Design Engineer emailed the following: • The plans did not need updating from what whe sent you previously. See response to below to Andy's comments • We understand the minimum curb cut is 4 ft in accordance with the design standards and that is what is shown in the plans. Note 7 refers to the 2 It minimum full curb height that must be provided between 2 ramps, also a requirement of the design standards and we included in the plans for emphasis because we are adding a new ramp next to an existing ramp. • 2. Bayshore MSTU will need to contract with someone to maintain the crosswalk as needed. This is not an issue with respect to the contract to construct the crosswalk, so no action is needed. 10- 24 -07: Tessie forwarded email back to Andy — R &B with Wayne's comments. Pending response, in order to get signed and sealed plans from design engineer. 11 -2 -07: Received by courier — the sign and sealed plans from Wilson Miller 11 -6 -07: Requested Quote from annual Contractor — Bonness— timeline to be received by 11- 13 -07. 11- 13 -07: Received quote- $146,591.49 for construction of crosswalks. 12- 10 -07: Requested for Quote on pavers alongside sidewalk in front of Mr. Aleman `s property — on the right of way. 12- 10 -07: WO in progress — pending revised minutes. (B -24) — ACTIVE -(POC: Darryl Richard) Effluent Conversion Project SCHEDULE: Bayshore MSTU: Effluent (Re -Use) Project - Windham Design Consultant Bayshore MSTU: Effluent (Re -Use) Project - Windham Design Consultant PHASE Start - End Date DESIGN 2/14/07 - 4/14/07 (plans delivered 5/1/07) 21 DAY BIDDING 5/21/2007 - 7/2/2007 BID DUE Bashore Committee Approval BCC APPR NTP CONST 90 Day Substantial Completion Final Completion Date 7/2/2007 7/11/2007 8/14/2007 - awarded Hanula - purchasing has contract 11/14/2007 2/12/2008 2/12/2008 2 1611 P 10 -4 -06: Committee approves $15,000 for Consulting Services 10 -5 -06: McGee & Associates contacted regarding project Scope of Services. 10- 20 -06: Question regarding technical specifications for project and `As Built' plan request by McGee & Associates. 10- 30 -06: Plans of record are forwarded to McGee. 11 -3 -06: Application for Meter Tap received from Utilities — Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1 -2 -07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1- 16 -07: Committee approved proposal on 1 -3 -07 - WO # requested for $4,542.00 1- 23 -07: WO ready for pick up 1- 31 -07: WO picked up — Windham on family leave emergency 2- 01 -07: WO received by County staff 2- 01 -07: WO routed to Budget Analyst for processing for signatures 2- 12 -07: Re -Use Department completed tap to re -use line on Thommasson at Bayshore Drive. 2- 14 -07: NTP — Windham — Work Order ends April 14, 2007 3 -21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4- 17 -07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5- 14 -07: Plans under review. 5- 23 -07: Plans delivered to purchasing ready for bid process. 6- 14 -07: Pre Bid meeting — bids are due July 2, 2007 7- 11 -07: Addendums — bids are due by July 11, 2007 7- 23 -07: Executive Summary — In Novus for Absentia — BCC — Aug. 24, 2007 8- 14 -07: County Manager Approval (Abstentia BCC Action) 8- 22 -07: Risk Mgmt. is reviewing contract 9- 10 -07: Waiting on approval of contract from Risk Mgmt. 9- 24 -07: Still waiting on approval of contract! 10- 22 -07: B. Brilhart — purchasing in process of issuing contract. 11 -6 -07: Final Contract Received -Issue of Purchase Order in process. 11 -7 -07: Pre - Construction Meeting held for project. 11- 14 -07: PO issued for Project; Notice to Proceed sent to Dale Hannula 12- 12 -07: Design Consultant Windham Studio request additional $6,974.00 for services during construction. Staff recommends approval of additional $6,974.00 for Windham. (B -18) - ACTIVE - (POC: Darryl Richard) FDOT Lighting Grant - Bayshore Bridge Project; SCHEDULE: Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE NTP Design 30 Days to 100% Drawings Staff review of 60 pc submittal Submittal to FDOT FDOT Plan review (30 day min.) FDOT comments to JRL JRL response to 60 pc comments -due 21 Day Bidding BCC APPR NTP CONST 90 Day Substantial Completion Final Completion Date Start - End Date 9/5/2007 10/15/2007 (60% submital by consultant vs. 100% requested) 10/15/07- 11/7/07 11/7/2007 11/7/2007-12/7/2007 12/7/2007 12/30/2007 1/7/07-1/28/07 2/26/2007 3/20/2008 6/8/2008 6/8/2008 Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4- 12 -06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5 -1 -06: Purchasing Assisting with REP Process. Contact with Committee for RFP and confirmation of participation pending. 5- 30 -06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for REP. (Consult w/ Kevin Dugan for environmental) 6- 12 -06: Michelle Peronto reviewing submittal per environmental impact statement. — Purchasing coordinating RFP. 6 -27 -06 — Environmental Review pending 7 -18 -06 - Environmental Review pending 8 -2 -06 - Environmental Review pending 8 -7 -06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 22 -06: Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8- 30 -06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is `on track' as per her schedule. 9 -6 -06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. 9- 28 -06: Draft Agreement from FDOT received 9- 29 -06: Scott Teach approves draft Agreement with one minor change. 10 -5 -06: Staff receives Agreement form FDOT. 10 -5 -06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11- 28 -06: BCC approved LAP— Agreement 124-06: Signed LAP and Resolution by BCC approval picked up 4 1611 A 1 12- 18 -06: FDOT Notice to Proceed for RFP Design Consultant received. FDOT Design Phase for project is NTP date 12- 15 -06; services are to be completed on or before December 31, 2008. 12- 21 -06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1- 16 -07: Coordinating with Purchasing on RFP 1- 30 -07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2- 13 -07: Michelle Peronto confirms that RFP for Design is necessary and the RFP for Lighting Specification of Lumec may not be required if project drawings to not indicate "Lumec" as sole source but rather have `performance specification' called out. 2- 21 -07: Michelle Peronto confirms that $50,000 cannot be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re- submittal to Collier County BCC. 3- 20 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 17 -07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4- 25 -07: First RFP Selection Committee meeting - preliminary review of proposals. Coordination and definition of Committee Member roles. Next meeting scheduled for May 15, 2007 for actual selection for Design Firm 5- 23 -07: Purchasing negotiating with JRL - selection committee chose JRL. 6- 20 -07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7- 11 -07: JRL and Darryl presented and discussed upcoming project 7- 23 -07: Contract Pending -Purchasing 9 -5 -07: Notice to Proceed - 90 days completion date: December 4'h, 2007 10- 15 -07: 60% drawings submitted. Staff determines that they are 60% (changes required prior to FDOT submittal 11- 07 -07: comments for 60% submittal forwarded to JRL. 11 -9 -07: JRL provides 90% submittal draft copy 11- 14 -07: 90% plans are due from JRL (signed and sealed) for FDOT Submittal) 11- 14 -07: 90% plans delivered by JRL, plans forwarded to FDOT for review. 12- 12 -07: 90% plans are under review by FDOT. No comments received to date. (B -33) - COMPLETED - (POC: Tessie Sillery)- Decorative poles for Road Signs (Bayshore vs Thomasson) 3- 19 -07: Victor - requested committee to discuss changing signs. 3- 21 -08: Lumens responded: Quote: Painted decorative 4" post with ball finial top, for use with signage, around $600 each, plus frt, in a standard color. If we have to use the custom RAL color, there is a $500 lot setup charge whether there are one or one hundred units. 3- 21 -07: Committee decided to have Tessie & Vick review idea and information. 4- 18 -07: Vick & Tessie Field study. 5 -9 -07: Lykins sent in a quote and Committee will discuss. 5 -9 -07 : Committee approved and request for po pending traffic ops approval. 5- 14 -07: PO - Lykins — setting up meeting for next week - field meeting to give NTP 5- 30 -07: NTP - given and August 30th, 2007 Final Completion due date 7- 11 -07: Sign Poles to be installed in two weeks. 7- 23 -07: Sign Poles to be installed next week. - Per email from Tony Lykins on 7- 23 -07. 8- 02 -07: Lykins began installing poles today. 8- 15 -07: Project Completed, punch -list inspection pending. 8- 22 -07: Some signs were missed by Lykins and will be bringing new estimate to committee on 9- 12 -07. - Punch list -completed. (B-28)-COMPLETE (POC: Tessie Sillery) Accident # 475 at Bridge 10- 30 -06: Landscaping Repaired 12- 16 -06: Lighting Repaired 1- 17 -07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre -cast work is requiring additional review. 1- 29 -07: PBS is finalizing quote for bridge. Suppliers have been contacted regarding pre -cast formwork. 2 -8 -07 - PBS getting special order for special bridge materials (coping) and tile - quote pending 2 -8 -07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2- 23 -07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote. 3- 21 -07: PBS Quoted - $9,715.00 - attached proposal - 30 day construction time frame - after NTP. 4- 17 -07: Work Order in the system waiting for signatures. 4- 30 -07: W.O. waiting for system release on internal approvals. 5 -1 -07: NTP was given to PBS - To be completed by 5- 31 -07. 5 -9 -07: Pavers need to be ordered and will take up to 65 days for receiving . 5- 24 -07: Pavers are on order and will not be for 4 more weeks. 6- 19 -07: Waiting on the concrete caps. And should be done by Friday June 22, 2007 6- 30 -07: Project finished. 7- 18 -07: Field Meeting - looked and approved payment for project. (B -34) COM PLF.TE -(POC: Tessie Sillery)- FP &L - working on poles - have dug up irrigation. 3- 21 -07: Committee requested for tessie to check who did damage and can get reimbursed? 4- 10 -07: Requested information from Kate D. - FP &L Rep. 4- 30 -07: Kate out of town and requested information again. 5 -3 -07: Kate left a message saying - FP &L was not doing any work on bayshore. 5 -9 -07: Checking with Traffic Ops & checking with EB Simmonds. Unidentified contractor damaged irrigation system. Irrigation system has been repair by Ground Zero under contract. (B -26) - COMPLETE -(POC: Tessie Sillery) Bayshore Drive Sign in Median 1 -3 -07 - Committee motioned for Darryl & David to come up with a design 1 -15 -07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. 1- 23 -07: David Jackson confirms image Concept E is approved for sign with words `Drive' 1- 29 -07: Request for PO for Diane to sign 2- 05 -07: NTP - timeline - 2 or 3 weeks 3- 21 -07: Timeline moved up to end of next week. 4- 10 -07: Sign refurbished and up on the pagoda ... looks good. (B -27) - COMPLETE -(POC: Tessie Sillery) Bridge Banners Only 1 -3 -07 - Committee motioned for Darryl & David to come up with a design 1 -15 -07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. By 1 -19 -07 1- 23 -07: David Jackson confirms approval for Concept E which is similar as existing image on sign with `Drive' lettering. Tessie Sillery is coordinating on purchase. 2-5-07: NTP - timeline approx. 15 days 3- 20 -07: Banners received and look awesome. And are up on the bridge poles (B -29) - COMPLETE -ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1- 18 -07: PO for additional banner arms for replacement of damaged sent to FourSeason Banner. 1- 22 -07: replacement banner arms received from Four-Season Banner. 1- 26 -07: NTP - PO for purchase of 60 banners for continued replacement and installation sent to Lykins 2- 08 -07: Spoke with Lykins and estimated - timeframe 15 days 3- 07 -07: Banners received and Aaron put them up. 3- 21 -07: Aaron & Tessie will discuss with committee (old banners) 3- 21 -07: For now no new banner order per committee 4- 17 -07: Banners are looking good. (B -30) CANCELLED -(POC: Darryl Richard) Sidewalk Conversion to Brick Paver (from existing pavers to Windstar); Note: Project ends at Windstar due to projected developer project South of Windstar) 16/1 A 1 2 -8 -07: Request for quote sent to Bonness, Inc under annual contract. 3 -1 -07: Quote received on 3 -5 -07 - $ 229,844.08. 3- 21 -08: Committee to review quote today. 3- 21 -07: Committee put it on hold. — too much money for now. (B -32) COMPLETE - POC: Tessie Sillery)— PAGODA — PAINTING 2 -7 -07: Committee approved — Lykins Quote $1,000.00 2- 12 -07: NTP —and completed by 3 -12 -07 3- 12 -07: Pagoda painted and completed. B -34) - COMPLETE —4POC: Darryl Richard) — Lumens in existing pedestrian lights be increased? 2 -2 -08 : Traffic Ops. Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. (B -31)— COMPLETE - (POC: Darryl Richard): Landscape on County Right -of -Way at 3137 Bayshore Drive; EBB Tide Apartments Inc.; Attn: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2 -2 -07: Meeting with Randy Richards confirms that crotons were removed as per January 3rd Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MSTU Committee for review. Letter was sent confirming meeting and discussion. (B -30) — COMPLETE - (POC: Darryl Richard): Landscape on County Right -of -Way at 4069 Bayshore; Palmyra Club Investors LLC; c/o John Steffan, welovenaples realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109 -7874; 2 -2 -07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. (B -25) — COMPLETE - (POC: Darryl Richard) Hedge on Bayshore — At the request of Code Enforcement and County Sheriffs Committee directed staff to trim hedge at 1 -3 -07 regular meeting. 1 -4 -07 — Completed— Contractor Trimmed Hedge (B -15) - COMPLETE- CAT BUS BENCHES -DUMOR INSTALLATIONS —2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6- 14 -06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6- 21 -06; Need Status for order and permit 6- 27 -06; 10 to 12 weeks out (pbs did not order parts as requested) 7- 18 -06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9 -1 -06 8 -7 -06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8- 22 -06; Victor Stanley order not received by PBS. 9 -5 -06: Victor Stanley order is confirmed exact shipment date has not been set. Anticipated Delivery of Benches is by October 15, 2006. 10 -4 -06: Committee approves $1,500 per installation at new proposed locations near CAT Bus Stops. Project will be coordinated with CAT. 2 sites (old Victor Stanley Bench locations) will be funded through CAT Funds; 2 additional sites will be funded through Bayshore MSTU Funding. Funding for 2 prior CAT installations is already allocated for that project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10- 15 -06: 2 Victor Stanley benches are received by PBS Contractor. 10- 31 -06: Review of 4 sites for PBS Quote; PBS will provide quote for installation. 12- 15 -06: ROW Permit issued: Permit Time -lime: Work Commencement 12 -15 -06 with completion by 6 -30 -07 per permit. 1- 16 -07: Contractor will complete by 1 -26 -07 1611 A 1 (B -22) — COMPLETE - Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9 -5 -06: Bayshore MSTU Committee votes to hold a `Workshop' with the CRA; Specific Purpose needs to be determined; CRA Meeting Minutes need to be checked to determine commitment/vote by CRA to hold meeting as requested by David Jackson. 9- 19 -06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. 10 -3 -06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10- 20 -06: Meeting is set for Dec. 6, 2006 at Human Resources Training Room. 10- 30 -06: Review and approval of Agenda is pending by Bill Neil, Committee Chairman. 12- 06 -06; Both the CRA and the Bayshore will have a workshop (B -23) — COMPLETE - Carryforward Report: 8 -2 -06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget, the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a summary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a summary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9 -6 -06: Mark Isackson and Sharon Newman not in attendance and no report 10- 23 -06: Report that Sharon and Mark will attend next MSTU meeting on Nov. I, 2006 11 -1 -06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B -21) - COMPLETE - Application For Re -Use; Utilities Department Project Start 5- 16 -05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 2001 (per Bob Petersen). Bob Casey cannot find original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12- 25 -06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1 -3 -06: Marisa Garcia confirms that `calculations' by a consultant are necessary prior to approval of the Application for Re -Use. 8- 22 -06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8 -22 -6) 8- 24 -06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re -Use. Anticipated confirmation of approval of Application for Re -Use is by September 30, 2006. (Complete 9/11/06) 9- 11 -06: Utilities confines approval of Application for Re -Use. 9- 11 -06: Staff request confirmation of connection point for re -use system and hard copy of approved application. 9- 19 -06: Staff resends request for hardcopy of approved application. 10 -3 -06: Staff request location for connection. 10 -4 -06: Written approval received from Utilities for application approval as per Ron Molly, Collier County Utilities. Committee approves funding for next phase of project: Design and Construction. (B -19) - COMPLETE - Project Coordinated with CAT under Item B -15 -Trash Can Installation; Project Start Date: 8 -2 -06: Bayshore MSTU Committee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8- 22 -06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Project Completion is November 30, 2006. 10 -4 -06: Bayshore Committee approves $1,500 per bench/trash can installation. 10 -6 -06: Request for revision in quote sent to PBS. 1611 A 1 1. 10- 30 -06: Field Meeting to review the requested sites prior to PBS quote for job. 4 sites approved. PBS will provide quote. 10- 30 -06: Project reported under item B -15 (B -16) COMPLETE - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re- occurred per MSTU committee meeting 6/7/06. 6- 13 -06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re- submitted to Code Enforcement. Michelle Arnold has confirmed that this item will be brought before the Code Enforcement Board for review. 6- 21 -06; Need Michelle Arnold follow -up 6- 27 -06; Michelle Arnold contacted staff and requested to put on special master 7- 18 -06: Waiting on response from Michelle Arnold 8 -2 -06: Code Enforcement working on preparation of case 8- 22 -06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8- 30 -06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (l) Survey of Ingram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8- 30 -06: Michelle Arnold confirms that a `Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copy Notice of Violation September 15, 2006. 9 -7 -06: Copy of 9 -7 -06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 104-06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. (B -17) - COMPLE'LB - Project Due— 9 -25 -06 - -- DESIGN GUIDELINES: Master Plan MSTU /CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CRA part of the Scope separate from the MSTU. 4- 17- 06- Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA 5 -1 -06; As per Committee Approval — Work Order is pending; Comments from Purchasing review of Work Order and responsibility of `Project Manager' is pending. 5 -8 -06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5 -9 -06; Gail Boorman attendance at Bayshore Area Public Meeting. 5- 15 -06: Work Order to A.Gail Boorman sent to Gail's Office. 5- 15 -06; Work Order signed by all and given to Budget Analyst for P.O to be issued — waiting on routing #'s from David Jackson. 5- 30 -06; NTP — issued to Boorman & Assoc. on 5 -24 -06 6 -3 -06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6- 12 -06; Work on Design Guidelines Currently in progress — project due on 9 -25 -06 6- 27 -06; Gail coordination with staff and CRA — no report — will be attending next meeting with an update 7- 18 -06: Gail to attend next mstu meeting with an update and status. 8 -2 -06: Gail Boorman could not attend MSTU meeting and sent written update /status report for project. Due date of 9/25/06 has not changed. 8 -7 -06: Gail Boorman status report received. Need `preliminary' report submitted prior to 9 -25 -06 deadline for staff review. 8- 15 -06: Gail Boorman presentation to David Jackson, Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8- 21 -06: Gail invoice for 30 -60 percent complete. 8- 22 -06: Final 90% Submittal is due prior to 9 -25 -06 for staff review. Anticipated delivery of 100% Project Document from Gail Boorman is September 25, 2006. 9- 23 -06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9- 28 -06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project.- (B -20) - COMPLETE -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8 -2 -06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8- 28 -06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set -Up Fee. 8- 28 -06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8- 30 -06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9 -1 -06: Grady McCoy of Flagandbanner confirms that they are under production for the banners. 9 -5 -06: Grady confirms that sample banners (1) Flower /Butterfly and (1) Beatle /Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Project End upon approval of samples is September 27, 2006. 9- 19 -06: Request for status for 2 sample banners sent to Grady McCoy. 9- 28 -06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner will be closed. 10 -4 -06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff. Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of $72.0 a piece. Staff was successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10 -6 -06: Purchase Order request submitted by Liason Staff to Budget. 10- 16 -06: PO number received from Budget for Project. 10- 16 -06: PO emailed to Lykins for order of 40 Banners 10- 30 -06: 48 Banners received from Lykins. 8 additional `spare' banners provided at no additional cost. (B -14) - COMPLETE- Comparison of cost for effluent versus non - effluent water for Bayshore. 8- 28 -06; Staff completes cost benefit analysis: Based on potential cost savings of $17,537 per year the Bayshore MSTU could recoup the cost of the Re -Use conversion within 4 years after project is complete. (B -13) COMPLETE- Maintenance Contract 05 -3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload. - 7-18-06: Parts are on order - Irrigation Manager - Roger Dick 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Plantings of Juniper are complete by Ground Zero (B -12) - COMPLETE: Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at ATM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5 -1 -06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5- 30 -06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6 -1 -06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6- 12 -06; Roger Dick to upload software for controller on June 14, 2006 6- 27 -06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not'talking' to the central. The South Clock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 10 1611 A 1 8 -2 -06: Irrigation Clocks are functional at 100% per Roger Dick— still waiting on replacement parts to bring clocks into communication with Central. 8- 22 -06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B -11) - COMPLETE; Project due 7 -25 -06 -Effluent Connection — Consultant Calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst — waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham — Calculations pending 7 -18 -06 — Project due on 7 -25 -06 7- 24 -06: Windham Studios provides report for calculations. (B -10) - COMPLETE; Project due 7 -25 -06 -Effluent Connection- Application for Re -Use and related request from Utilities Department for Consultant calculations 3- 06 -06: Scope received from McGee, Boorman, Windham 3- 20 -06: Gail Boorman's revised scope not yet received. 5 -1 -06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5- 15 -06: Submitted Work Order and P.O. request to Budget Analyst — waiting on P.O. 5 -24 -06 PO received; Notice To Proceed issued to Windham Studios 6- 12 -06: Design of effluent connection due 7 -25 -06 6- 14 -06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6 -27 -06 Preliminary report submitted by Windham — Calculations pending 7 -18 -06 — Project due on 7 -25 -06 8 -2 -06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch -list item which is pending. (B -9) - COMPLETE; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6- 12 -06; MSTU staff to contact ENFD to advise of MSTU committee's request to stop work. 6- 27 -06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7- 18 -06: On 7 -12 -06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8 -2 -06: ENFD representative Chief Porringer reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 10- 20 -06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Pottinger and Commissioner Bob Hughes. (B -8) - COMPLETE; Bidding of Maintenance Contract 405 -3689; Recommendation to award bid to lowest, qualified, responsive bidder to be Ground Zero, owner: Aaron Gross. (B -7) - COMPLETE -Qty. 6 Palm removal/relocation Project August 11, 2005: 11 1611A 1 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B -6) - COMPLETE- Irrigation Mainline Break Repairs September 12, 2005: CLM repaired 5 Breaks total. (B -5) - COMPLETE 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B -4) - COMPLETE - 6 -7 -06 - Cricket Lake Apartments — MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staff by Contractor prior to commencement of work. (B -2) - COMPLETF, — 7 -18 -06 - Pavers Repair 6 -13 -06 Boness issued a purchase order in the amount of $9,880.00 for repair of 29 areas of pavers. Projected completion date 8- 30 -06. 6- 27 -06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B -1) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3- 06 -06: Gail Boorman to make recommendation as part of master plan. 3- 08 -06: MSTU Committee creates Working Group to advise on Banners for selection. 3- 16 -06: Meeting with Victor Britten for Working Group — 2 banners selected. Victor to look at other designs and meet again w/ Staff. 5 -1 -06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5- 30 -06: Pending estimate from annual Lykins. 6- 13 -06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6- 21 -06; Need Graphic Sample for review 6- 27 -06; Graphic approved 8 week production to delivery of banners. 7- 18 -06: Banners delivered and are up..... (B -3) - CANCELLED - Banner Arm Replacement Project - $16,676.00 50 Standard @ $304.00 ea. for a total of $15,200.00; 4 double @ $369.00 ea.for a total of$1,476.00; Proposal by Committee does not meet current FDOT Regulations; August 8, 2005: The Proposal has been rejected by ROW based on Current FDOT Standards. 12 1611A I &wsAore &wdificwtioh M.S.7A Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 December 12, 2007 Summary of Minutes and Motions III. & IV. Approval of Agenda and Minutes of November 14, 2007 were approved unanimously 3 -0. Tessie Sillery requested approval of Bonness quote in the amount of $146,591.49 for the crosswalks. Victor Brittain moved to approve the Bonness quote in the amount of $146,591.49 for the crosswalks. Second by Thomas Finn. Motion carried unanimously 3 -0. Tessie Sillery reported ROW Fees for Lane Closures are higher from November through April. Noted the following: Victor Brittain moved to proceed as promptly as possible on the crosswalks authorizing Tessie Sillery to spend necessary funds to secure lane closure (ROW Permit) for safety purposes. Second by Thomas Finn. Motion carried unanimously 5 -0. Tessie Sillery requested approval for a change order to oversee Construction of the Project in the amount of $6,974 for Windham Studios Inc. Maurice Guiterrez moved to approve additional monies in amount of $6,974 pending verification that the invoice is inline with County Purchasing procedures. Second by William Wilkkomm. Motion carried unanimously 5 -0. Tessie Sillery reported on South Bayshore mowing. Stating the standard mowing schedule for Road & Bridge is every 8 -10 weeks at a rate of $15.00 per acre. It was suggested that Ground Zero Landscaping maintain the mowing on South Bayshore. Thomas Finn moved to contact the County to take the responsibility (of mowing South Bayshore) and they (the County) can reimburse (Bayshore MSTU) at their convenience. Second by Victor Brittain. Motion carried unanimously 5 -0. 1611 A 1 The installation of Cobra lights was discussed. David Jackson stated the CRA cost of $1,000 per year for 7 Cobra lights at intersections. Noted a proposed 3 year contract with FPL is with the CRA legal department. Suggested additional MSTU lighting could be added to the contract for installation simultaneously. William Wilkkomm moved to approve MSTU to pay for additional lights that are not covered by CRA on South Bayshore not to exceed $3,000 per year. Second by Maurice Guiterrez. Motion carried unanimously 5 -0. Discussions resurfaced referencing the South Bayshore Study. It was suggested to request quotes from design teams already under contract to expedite. It was suggested for the CRA to select the Consulting firm. Maurice Guiterrez moved to allow David Jackson t o develop a scope of service & to obtain quotes on developing that quote and bring the cost of the design services back to the MSTU. Second by Thomas Finn. Motion carried unanimously 5 -0. 16 `` A ` THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA Fiala " - �. COMMUNITY REDEVELOPMENT AGENCY - Halas 11i 2140 BAYSHO RE DRIVE, (!NI'r V NAPLES, FL 34112 PHONE 239.613.1(15 FAX 239.]]5.4456 Henning : -oyle __ ..L Coletta _ __ /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday February 5, 2008, 6:00 p.m. 2740 Bayshore Drive, Unit 10, Naples, FL 34112 Agenda 1. Roll Call 2. Adoption of Agenda 3. Adoption of Minutes: Regular Meeting January 8, 2008, CRA -AB Workshop January 22, 2008. 4. Executive Director: a. Project Updates 5. Old Business: a. Cultural Needs Assessment Report b. Bayshore Corridor Concept Plan c. South Bayshore Drive Improvements 6. New Business: a. Site Improvement Grants I. SEG 02 /2008 Vander Ste12500 Lee Street ii. SIG 03/2008 Phelps 3043 Cottage Grove Ave b. Purchase of Residential Property — 3015 Karen Drive 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Hermon Turner Building (Administration Building) Please call the Bayshore/Triangle office at (239) 643 -1 115 if you have any questions about the meeting 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 Tamiarm Frail, Naples, Florida, 34112, (239) 774 -53W assisted listening devices fa the hearing impaired are available in the County Commissioners' Office. Misc. Cares: Oats. !tarn A:((0-1,_ 161 THE BAYSHORE/GATEWAS TRIANGLE REDE ELOPMENT AGENCY COMMUNITY REDEVELOPMENT :AGENCY 2740 BAYSHORF DRIVE I'NIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 6, 2008 MEETING The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 2740 Bayshore Drive, Unit 10. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Steve Main, Bill Mears, Ron Fowle, Karen Beatty, Maurice Gutierrez, Jill Barry, and Bruce Preble. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan Project Manager and Sue Trone Operations Analyst. County Staff Present: Marjorie Student - Stiding, Assistant County Attorney. 2. Adoption of Agenda: Chairman Thomas asked if there were any additions or corrections to the published agenda. Hearing none he asked for a motion to approve the agenda: Motion: Mr. Preble. Second: Ms Barry. Approved 9 -0. 3. Adoption of Minutes: Chairman Thomas asked for a motion to approve the January 8, 2008 regular meeting minutes: Motion: Ms Barry. Second: Mr. Gutierrez. Approved 9 -0. 4. Executive Director's Report: a. Project Updates. Ms Jourdan stated she would be the agenda's presenter tonight and that there have not been any significant project accomplishments or changes since that last meeting. 5. Old Business: a. Cultural Needs Assessment Report. Ms Jourdan explained that the CRA -AB had just completed a public workshop with the CRA's consultant and general public. She introduced Mr. Arthur Greenberg, Director, AMS Planning & Research Corp, and asked the Advisory Board to summarize their thoughts on the information received in the workshop. She recommended the Board discuss and approve the staff proceeding with designation of a cultural district. Mr. Fowle wondered how the area would be defined — the boundaries, would there be a study of the assets and land available. He is concerned that about future parking availability as the area develops. Ms Barry stated that the kind of CRA incentives to be offered had to be determined to attract these type of businesses. Mr. Gunther stated that the CRA would create the boundary and district through a CRA Resolution. He said that the Advisory Board would have to "sell the idea" to the CRA Board that this district would help redefine the area. It would be a major catalyst for the area. The CRA would be looking for a positive recommendation form the Advisory Board. Mr. Thomas said he was looking for a motion to take the district concept to the CRA Board for approval. He felt that the district designation would just be the first step in a long process and that the creation of an administrative management group and a master plan would follow after some more research and surveys that were outlined in the consultant's report. Mr. Mears said that this process will require more consultant work and require the CRA to spend more money. Mr. Fowle asked Mr. Jackson to define what it is that CRA must do and in what order? Mr. Jackson said that Mr. Greenberg was in the best position to answer that question. Mr. Greenberg answered that the first and simplest step is to take the concept, boundary and mission statement to the CRA Board for them to forward to the County Commission to designate. The following steps would be a feasibility study that determined types of cultural venues to locate in the area, what type of facilities would be supported (attended) by the community, and identify which art and cultural organizations would locate and invest in the district. Then the ultimate document would be the February 5 2008 CRA -AB Minutes 1611 A ;e development of a comprehensive 'master plan' that detailed the infrastructure that would tie the entire area together. Mr. Mears stated that he felt for the Advisory Board to carry this forward to the CRA Board, they did not know the magnitude of the scope of work or the implications. He said that the CRA -AB needed to better define everything. Ms Beatty stated that Mr. Mears had not attended the CRA joint workshop with the CRA Board and that the cultural district concept was discussed and that there were positive 'head nods' from the CRA Board members and she felt that they were expecting to see something from the Advisory Board. Ms Barry motioned to send this topic to a workshop to discus further. Second: Mr. Mears. Approved 9 -0. Ms Jourdan asked the Board to determine a date and time. Motion made by Mr. Main to advertise a workshop on February 19, 2008 at 6PM. Second: Ms Barry. Approved 9 -0. b. Bayshore Corridor Concept Plan. Ms Jourdan reminded the Board of the discussion the Advisory Board had during a public workshop on January 22, 2008. As a follow -up to that meeting, the staff has developed a timeline to complete the work for the concept plan in six months. She presented the timeline in a powerpoint presentation and asked the Board for consensus to move forward. Mr. Fowle stated that he was comfortable with the timeline, and after a short discussion Mr. Mears suggested this topic be added to the February 19, 2008 workshop. The Board concurred. Mr. Fowle asked about Advisory Board membership terms. He was concerned about the pending terms that were up for renewal. Mr. Jackson explained that there were three seats up for appointment: Ms Beatty, Mr. Gunther and Mr. Mears. The seats would be advertised in April and appointed before May 22, 2008. If there were new members, they would be at the table the first meeting in June. c. South Bayshore Drive Improvements. Ms Jourdan directed the Board's attention to the updated scope of services from Jacobs Carter Burgess, transportation consultants. Also there is an updated timeline and price quote to complete the work. She noted that Mr. Jackson had negotiated the timeline and services rendered which resulted in a reduction from the first quote of $70,576.20 to $55,943.64 for a difference of over $14,600.Motion by Ms Beatty to approve the scope, timeline and quote — with the CRA paying 50% of the costs - and forward to the Bayshore Beautification MSTU for review and approval. Second: Mr. Mears. In discussion, Mr. Gutierrez informed the Board that the MSTU is onboard with this project. Approved 9 -0. 6. New Business: a. Site improvement Grants. Ms Trone presented two grant applications for the Board to review and forward to the CRA. i. Sweat Equity Grant 02/2008 for Michael and Kelly Vandre Stel at 2500 Lee Street. The grant will cover materials only and the applicant will do all the work associated with this grant. He will improve the landscape borders, replace a rotted garage service door, and grind a tree stump and replace it with another palm tree. Motion to approve SEG 2012008 for not to exceed $793.25: Mr. Main. Second: Mr. Fowle. Approved 9 -0. ii. Site Improvement Grant 03/2008 for Patrick Phelps at 3043 Cottage Grove Avenue. The grant is 33% match from the CRA or $2,586.54 to remove and replace a roof and rain gutters. The total improvements cost is $7,838.00. Motion to approve SIG 03/2008 for not to exceed $2,586.54: Mr. Main. Second: Ms Barry. Approved 9 -0. b. Purchase Residential Property. Ms Jourdan briefed the Board on an offer to sell a large residential lot on 3015 Karen Drive. The lot, if purchased by the CRA, could accommodate one of the Collier County Parks and Recreation houses on Bay Street. If the CRA purchased this lot the CRA would be ready for the house when Parks & Rec releases the house. The property is offered by Mary Wilkomm. She purchased the lot with trailer in 2005 for $95,000. She offered it to the CRA for $65,000. The staff negotiated that the property would be transferred at closing without the trailer on it, and the water meter removed. Ms Wilkomm agreed and has the contract under review. The CRA has $500,000 in Land Capital to fund the purchase. The purchase would be February 5 2 00 8 CRA -AB Minutes pending legal review and CRA approval. Motion to approve the purchase of 3015 Karen Drive for $65,000 with the trailer removed at seller's cost and removal of the water meter: Ms Beatty. Second: Mr. Main. Approved 9 -0. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. a. Ms Sondra Quinn stated that it was very clear to her in the presentation by Mr. Greenberg of AMS Planning and Research that there is a viability to create and support a cultural district in the Bayshore area of the CRA. In her conversation with Commissioner Fiala, they discussed that this type of designation gives you avenues to find funding to help in the economic development of the area. She stated that there are other private citizens actively pursuing other ways to raise funds from the private sector. She said that her organization, Bayshore Cultural Arts, cannot make the district designation but the CRA/BCC can. b. Mr. Rick Edson representing the Naples Bay Corridor Alliance (NBCA) stated that his group has made some perfunctory boundary line research and will make some recommendations at the CRA -AB workshop on February 19, 2008. He also stated that there a lot of organizations coming to the forefront to support the designation. He would hate to see the process bog down and lose the momentum already started. 8. Joumment: The regular meeting was adjourned at 6:50 pm. proved a arded by Lindsey Thomas, CRA -AB Chairman. February 6 2008 CRA -AB Minutes 16 "'1 A Fiala WYSHOREIG�ATEWAY -BAN' SHORE/GATEWAY TRIANGLE REDEVELOPMF.N'r AREA Halas Henning OMUNITY REDEVELOPMENT AGENCY COyle BAVSHORF. DRIVE, UNIS 17 NAPLES, FL 34112 PHONE 239,643.1115 PAX 239.775.4436 Coletta TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday February 5, 2008, 4:30 p.m. 2740 Bayshore Drive, Unit 10, Naples, FL 34112 Cultural Needs Assessment Workshop Agenda 1. Call to Order — Mr. Thomas — Chairman 2. Presentation of findings of cultural needs assessment - Arthur Greenburg, AMS Planning & Research 3. Receive public input 4. CPA Advisory Board review of findings 5. CPA Advisory Board cultural district concept discussion 6. Adjournment !Vote: All meetings are publicly noticed in the Hammon Turner Building (Administration Building)_ Please call the Bayshore /Triangle office at (239) 643 -1115 if you have any questions about the meeting 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 time Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774 -83W assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Misc. Corres ism t vfr7i?c Po' 6 rl A THE BAYS H ORE/ GATEWAY TRIANGLE REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE IIrvIS 17 NAPLL9 , FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 5, 2008 CULTURAL NEEDS ASSESSMENT WORKSHOP The Cultural Needs Assessment Workshop of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 4:30 p.m. at the CRA Office Meeting Room 2740 Bayshore Drive, Unit 10. 1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Steve Main, Ron Fowle, Karen Beatty, Maurice Gutierrez, and Jill Barry. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan Project Manager and Sue Trone Operations Analyst. 2. Presentation of Findinas7 Cultural Needs Assessment. Mr. Arthur Greenberg of AMS Planning & Research Corp gave a one hour presentation of his research, analysis and findings. The presentation slides are attached. 3. Receive Public Input: Chairman Thomas asked for members of the public in attendance to provide their comments on the material just presented in the workshop. Speakers consisted of Chellie Doepke, Sondra Quinn, Rick Edson, Dwight Oakley and Ferd Isserman. They all spoke in favor of the material in the report and supported the Advisory Board continuing to pursue designation of a cultural district. 4. CRA Advisory Board Review of Findings. Mr. Thomas asked for comments from the Advisory Board. Ms Beatty spoke in favor of the cultural designation. Mr. Gunther felt the Board should pursue the designation. 5. CRA Advisory Board Cultural District Concept Discussion. Ms Barry discussed the content of Richard Florida's book Rise of the Creative Class with Mr. Greenberg. & Adjournment: Mr. Thomas thanked the Board and the audience for their attendance and adjourned the workshop :50PM. by Lindsey Thomas, CRA -AB Chairman. February 6 2008 CRA -AB Workshop Minutes Collier County Community Redevelopment Agency Bayshore Cultural District Preliminary Study Presentation of Findings February 5, 2008 • Review Scope of Work • Situation Analysis • Environmental Survey • Needs Assessment • Overall Goals of Study ♦ Document needs and opportunity for District • If deemed "feasible," pursue designation by County Commission 1 1611 A • Arts, Cultural, Entertainment Districts ♦ "A well- recognized, labeled, mixed -use area of a city in which a high concentration of cultural facilities serves as the anchor of attraction." ♦ Arts /cultural districts range from the specific /defined to the informal /publicity driven • Specific geographically defined, formally designated, with specific zoning and /or development incentives • Informally claimed, descriptive areas that describe a neighborhood with an arts or cultural institution concentration (often with a brochure and map that lists the art galleries, public art in the area) • Approximately 1,868 total acres ♦ CRA owns 17 -acre site, 15 residential lots ♦ 2,709 property owners ♦ Number of Units • 352 vacant residential • 847 single family residential • 210 mobile homes • 1,324 condominiums • 84 vacant commercial • 59 one -story stores • 39 mixed -use • 21 warehouse 2 • Existing Assets in Bayshore • Will be 5,000 new residences within 1 mile • Cultural Organizations • Botanical Garden site, 160 acres, raised -$30m of $50m goal • Restaurants • Bayshore Coffee Company Jazz concerts, Lofts above • Real McCaw restaurant • East Naples Community Park and Center • Plans for new Middle School • Organizations • MSTU providing Banners, Streetscape • Bayshore Cultural Arts • Naples Bay Corridor Alliance • Artists - Brian Brace Furniture • Rents 800 sf metal building as studio • Unclear whether economics of location will be successful 3 16 !1 ` 2 • Bayshore drawbacks • Lack of existing buildings for renovation or adaptive re -use • Quality of existing housing stock • Rising price of land • Other developing cultural "nodes" in the county: • In the nearby Triangle area: • Cultural uses in office condominiums • Three 10,000 sf warehouses for sale • Area north of Pine Ridge • 15 -20 Artist studios and galleries - Inexpensive rents • Children's Museum capital campaign in North Naples • Codes and Zoning • County codes don't allow customers into homes • Affordable Housing ♦ 15 units in Arboretum are to be "affordable" • Defined as someone earning 60% of median income ♦ Workforce Housing • Affordable by earning up to 80% of median income $30,000 family of one $63,900 median HH income (2.7 people) • Could designate portion of affordable housing for artists • Current loft developments (Old Naples, 10th Street) are pricey for artists • Starting at $549,000 for living space 4 1611' 2 • Sample Project ♦ 40 -acre parcel —Arboretum Village ♦ 200 apartments will become 447 residential units and 150,000 sf of commercial • Leadership Interviews • Many want an alternative to Fifth Avenue galleries, Naples "blue chip" gallery scene • Many comments about specific facilities needs and opportunities • Also entertainment, retail, special events, bike paths, sidewalks, regular events (Farmer's Market) • 75+ Designated Arts /Cultural Districts ♦ Many are home to First Night celebrations, walking tours, performing arts venues, specialty signage, other events • Tucson, Arizona • Buffalo Place, New York • Cathedral Square Arts District, Mobile, Alabama • Downtown Cultural District, Sacramento, California • Houston Street Retail District, San Antonio, Texas • Phoenix Arts District, Arizona • Santa Barbara Arts District, California • Houston, Texas - Theater and Museum Districts 5 16 V1 I 2 • Select Districts in Florida identified and surveyed: ♦ Tallahassee ♦ St. Petersburg • Tampa • Miami Beach ♦ Sarasota ♦ Orlando ♦ Bradenton • Tallahassee Capitol Downtown Cultural District • Purpose: To increase attendance and stimulate downtown development • CVB mapped 28 existing cultural venues, sites, public art installations • Revised downtown zoning in 1992 to promote goals of: - Mixed Use, Residential, Walkability ♦ Arts uses not specifically identified, but compatible with re -zoned uses 6 • Tallahassee Railroad Square Art Park ♦ 10 -acre "funky" former industrial area • Studios, galleries, small shops, developed organically • Monthly First Friday Gallery Hop • Walking distance to FL A &M and Florida State • Professor and student art studios • Now part of larger Gaines Street redevelopment • Changing zoning of Gaines Street to reflect reality of RR Square • Zoned to protect from other types of development - "So arts can continue to flourish" t t. 1611 ,a • St. Petersburg ♦ City promotes Downtown Cultural District • Not an officially- designated district ♦ Downtown Arts Association • Non - profit group of galleries and museums • Publishes brochure • Sponsors monthly gallery walks ♦ City has re- written zoning codes to encourage arts activity in areas other than downtown • Easy to create "Arts Overlay Distric " anywhere in city - Allows certain arts activities in residential areas - Small businesses, limited arts fabrication - Requires approval of majority of area property owners - Brand new, not yet used 16 I 1 4 2 • Tampa ♦ Cultural Arts District 0 t& F r3 Mai Z! F 7r � • Not officially designated by legislation ♦ Descriptive term for development and planning of arts venues in area of town • Tampa Bay PAC • Art Museum • Riverwalk • History Center • Sarasota ♦ Cultural Park Master Plan published in 2007 • Vision for transformation of area into cultural district City owns land, predominant use is currently parking 15 -year Plan • Master Plan addresses - Market analysis - Visioning charette �n - Cost estimates b tx5 i M 2 ♦ Cultural Arts Neighborhood District Overlay • Designated in 2006 by Blue Ribbon Committee - Involved artists, property owners, developers • Launched to prevent "pricing out' of artists • Tax benefits and zoning incentives for property owners who can rent to artists, writers, musicians, dancers, designers • Zoning Incentives for new development (passed 9/07) Rehab or new construction with smaller residential units than normally allowed if set asides for commercial work space or affordable housing pis` � • Miami Beach "CANDO" ♦ Mission Statement • To guide the designation of the District, brand, market and promote the District, work with the appropriate City departments, property owners and developers to create affordable opportunities to attract arts- related residential, retail and living /work spaces. The CANDO committee can be the catalyst to help spur a wonderful and successful neighborhood for arts - related mixed use and community gathering. a��.�ti�ay.�c,.:�;� 4 9 1611 A 12 • Orlando ♦ Downtown Arts District • City designated in 2000, same boundaries as CRA D,;,A, v ro;vri • Created Downtown Arts District Inc. d_1111 I - Funding from city, CRA, Downtown Development wasow- N m Board - Help arts groups move into district through provision of grants for rent subsidies and facility improvements - Sponsor events • City uses informal incentives for new development Encourages arts - related components by i • ";r developers • Anecdotally, arts district designation is seen as encouraging new development "Want to be associated with the arts district" 1 • Bradenton Village of the Arts ♦ Run -down residential area4��••� Drugs, prostitution ♦ Designated arts district in 2000 of the �r� ♦ Mission: • "To build a community where artists live and work while enhancing quality of life and creating a harmonious environment." ♦ Changed zoning to allow residential and business so artists can buy and renovate, live, work and sell from homes /studios • 275 Homes, 40 Galleries • Property values skyrocketed, tax revenues way up • Started with artists, expanded to include restaurants, bookstore, new retail 10 16114`12 • Bradenton (cont'd.) ♦ City has programs to encourage development • Grants for facade improvement, landscaping • Enterprise Zone designation allows state tax incentives • $400k invested in streetscape (lights, signage) - "Zoninc chance is key to developinc the area. It would still be a slum without the zoning change." -- `Investors moved in early and values went way up." • Bradenton (cont'd.) ♦ Specifics of the Overlay Ordinance • To encourage a desired mix of appropriate home occupation and home business uses oriented toward, or supporting a visual or cultural arts theme while maintaining the residential character of the underlying residential neighborhoods • Any proposed home occupation or home business use related and contributing directly to an arts theme may be approved • Uses permitted Artistic: Fine arts and crafts creation and sales (painting, sculpture, photography, design, handicrafts, gallery) -- Eating /Drinking Establishment: Cafe, coffee shop, bakery • Specific issues addressed: - Parking, Storage, Signage, Live -Work Parameters, Accessory Dwelling Units, Lot and Occupancy Standards, etc. 1611 2 • Interview with Hillary Frost -Kumpf ♦ Author of Cultural District Monograph for AFTA ♦ Advice and counsel • Zoning is very important - Raises awareness, gets elected officials on board - Without zoning artists get priced out • Districts without zoning (and /or official designation) can also be effective in terms of PR and Marketing - Markers, signage, directions to, signs and banners within - PR and Marketing often the domain of local Chamber and /or Downtown Association • Frost -Kumpf Interview (cont'd.) ♦ Small spaces in between developed anchor sites • "People don't want to walk by empty lots or vacant buildings' - Tucson "Phantom Galleries" - Art displays in empty storefronts • Need small business (not just arts) incentives for - Cafes, bookstores - Rehabilitation tax breaks • Incentives beyond zoning - Providence RI, no sales tax on art works - Might require state approval • Strong organization is key - Arts councils, neighborhood or downtown associations - Doing marketing, coordinating, gallery hops, festivals • Public or non - profit and /or artist ownership - Prevents evictions, rising rents, etc. 12 161 • LINC Report 2007 ♦ Artist Space Development "Making the Case" ♦ Little formal documentation of economic impact ♦ Anecdotal evidence suggests: • Physical impacts - Decreased blight, beautification, animation of vacant property, increase in pedestrian and automotive traffic, historic preservation of buildings • Social impacts -- Increased arts -based programming, opportunities for cultural participation, diversification of low income communities, youth development, promotion of ethnic pride, increased inter - generational interaction • Economic impacts Promotion or formation of creative clusters, increase in real estate values (revitalization, then gentrification), increase in job opportunities • Benefits of Live -Work Development ♦ Projects increase pedestrian traffic • Streetscapes take on a new, lively character • Other neighborhood development typically follows within three years • Development helps generate other cultural activity and creates a general increase in visitors to the area • Projects are catalysts for neighborhood revitalization • Community that evolves within a project spreads into the surrounding area, breathing new energy and stability into the entire community 13 • First ArtSpace Development in Florida 16112 I "It ♦ Sailboat Bend Artist Lofts • Near downtown Fort Lauderdale • 13 -acre tract owned by Fort Lauderdale School District • $13 million partnership involving. -- Artspace, Broward County Cultural Division, Lennar Homes • 37 new units of affordable live /work space for artists and their families • Available to families earning 50 % -60% of area median income • Also restoration of historic West Side School as home for Broward County Historical Commission • Waiting list of 269 artists (3 weeks after opening) • Essential • Role for the arts in urban design, planning and economic development • Activities and special events - Consistency ♦ Coalitions and Coordination ♦ Leadership ♦ Reliable source of funding ♦ Image - building • Desirable • Facilities • Public Infrastructures • Coordination of Public Agencies • Residents 8 24 -hour users • Secured use of space and land • Supportive • Developer Incentives • Codes and Regulations • Public Art 14 1611 A 2 • 12 Organizations Completed Survey ♦ Several specific needs cited • Paradise Coastmen - Performance (350 -1,000 seats) and Rehearsal space, storage, offices • Opera Naples Performance space (1,400 -1,500 seats) • Gulfshore Playhouse - Resident theater venue (400 -550 seats) • The Bach Ensemble - Performance (500 -1,000 seats) and Rehearsal space • Naples Orchestra & Chorus - Performance space • Naples Concert Band - Rehearsal space, music library • Survey (cont'd • Naples Opera Society Performance (300 -700 seats) and rehearsal space, offices • Theatre Zone - Performance (200 -500 seats) and rehearsal space, production space • Classic Chamber Concerts - Performance (250 -500 seats) space, offices • Jazz Ensembles Performance (150 -250 seats) space • United Arts Council - Office space, meeting space • Boy Scouts - Meeting space ♦ No needs reported • Naples Players • Naples Botanical Garden 15 1611 A ;) • Several general development concepts being put forward • Some focus on CRA -owned 17 -acre parcel • Others would involve assembling package of housing lots • Gulfshore Playhouse - Opportunity to locate 550 -seat repertory theater venue • "International Performing Arts" facility - William Noll • Collier County Cultural /Creative Center (CCCC) - Erich Kunzel • Artist Live -Work- Exhibit Space "Loft" Development potential - CRA -owned lots are 40 x 100 (1,500 sq. ft.), and go for $200 -250k • Potential for Arts Entrepreneurship Incubator • Focus on issue has created excitement ♦ Numerous proposals being put forth • Stock of buildings in Bayshore suggests artist spaces (live -work, studio, sales) are best potential • Evaluate alternate proposals for performing arts venues ♦ RFP process? 16 1611 A 2 • CRA forward recommendation to County Commission ♦ To officially designate the Bayshore Redevelopment area as an Arts & Cultural District ♦ Identify community leadership support • City of Oakland precedent for use of redevelopment funds • Richard Florida Rise of the Creative Class -- These were resonant with Commissioner Fiala • Ancillary spending potential - National average is $27.79 per person per event • Subsequent planning steps ♦ Individual feasibility analyses for proposed performing arts facilities *Artist market demand analysis • Establish Boundaries ♦ Define conceptual and physical boundaries • Redevelopment area too large for concentrated focus and pedestrian convenience • Further discussion and analysis with input from urban planning team, county staff, etc. • Identify Management Organization ♦ Bayshore Cultural Arts? • Incorporate community leadership • Clearly defined roles and responsibilities • Urban Design and Facility Development ♦ Detailed Master Plan • Streetscape design, graphics, banners, signage, street furniture, preservation, automobile and pedestrian traffic circulation, transit services, other physical aspects 17 • Program Development • Establish series of activities to establish image of District as a vital, lively place to be • Plan for festival, on -going small -scale events • Potential for temporary art exhibits in vacant storefronts • Marketing and Promotion Plan • Brochures, advertising, logo design, public relations • Explore partnerships and cooperative opportunities • Funding • For further planning, programs, marketing • Management entity should research other funding opportunities • Develop financial plan and strategies for securing a stable, dedicated source of money W. Fiala HalaS Coyle Coletta 1611 2 ,t — BAYSHORE/ GATEWAY TRIANGLE REDEVELOPMENT AREA _C_OMMUNITY REDEVELOPMENT AGENCY 401AYSnoRE DRIVE, UNIT 17 NAPLEs, FL 34112 PHONY; 239.643.1115 FAx 239.775.4456 LTEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday February 19, 2008, 6:00 p.m. 2740 Bayshore Drive, Unit 10, Naples, FL 34112 Cultural Needs Assessment Special Meeting & Bayshore Drive Corridor Concept Plan Workshop Agenda I. Call to Order— Mr. Thomas —Chairman 2. CRA New Hire 3. Cultural Needs Assessment 4. Bayshore Corridor Concept Plan Discussion 5. Adjournment 9 Note. All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore /Triangle office at (239) 643-1115 if you have any questions about the meeting. 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 Fast I amiami Frail, Naples, Florida, 34112, (239) 774 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Misc. Cones Date: item #: 161 t THE BAYSHORE/ GATEWAY TRIANGLE REDEVELOP NT AGE2Y COMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE FEBRUARY 19, 2008 CULTURAL NEEDS ASSESSMENT SPECIAL MEETING & BAYSHORE DRIVE CORRIDOR CONCEPT PLAN WORKSHOP The Cultural Needs Assessment Special meeting and Bayshore Drive Corridor Concept Plan Workshop of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 2740 Bayshore Drive, Unit 10, 1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Bill Mears, Ron Fowle, Karen Beatty, Maurice Gutierrez, and Jill Barry. Absent: Steve Main and Bruce Preble. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan Project Manager and Sue Trone Operations Analyst. 2. CRA New Hire. Mr. Jackson asked the Board to consider the hire of a new CRA staff member to support the anticipated work load for the coming year. The County has released 17 employees and there are internal transfers occurring to place people in positions that may be eliminated because of revenue reductions. Ms Barry moved to request the CRA to hire a new person, seconded by Ms Beatty. In discussion Mr. Mears asked what the rush was, and if there was time for the Advisory Board to review the job description before the nest CRA -AB meeting on March 41h and still be able to get it to the CRA before their March 111" meeting. Mr. Jackson stated that the item could be placed on the CRA agenda and be pulled if the CRA -AB did not approve it. Ms Barry pulled the motion and Ms Beatty removed her second. Mr. Jackson stated that he would e- mail everyone the job description, put it on the CRA agenda and CRA -AB agenda. 3. Cultural Needs Assessment. Mr. Rick Edson spoke on the recent Needs Assessment presentation by Arthur Greenberg of AMS Planning & Research Corp. He asked for the CRA -AB to favorably endorse the recommendations and forward a request to the CRA to designate a cultural district in Bayshore. Mr. Thomas asked what the magnitude of the amount of money that would be available through grants or sponsorships if the district was designated. Ms Quinn replied that the Florida Department of State grants can be as high as $500,000. Mr. Fowle asked who would manage the district? Mr. Jackson stated that the final management organization would be determined at a later date after some of the plans, studies and programs were completed, and that organization would have to be a 501c3. Mr. Mears stated that he felt it would be good to annotate to the CRA the magnitude of the grants that might be available before they discuss the item. Ms Jourdan explained the proposed boundary limits and why certain properties were included. Mr. Mears asked if the boundary only encompasses the commercial land. Ms Jourdan said it did and selected residential areas that might become a part of the art venues. Ms Barry asked if the zoning would be changed to allow art to be sold out of homes. Ms Jourdan said yes but that comes much later. Mr. Gunter said that the Bayshore Overlay should be the way to get the zoning changed. Mr. Fowle stated that he was concerned about the depth of the commercial lots on Bayshore and that the corridor concept would have to consider that. Motion by Mr. Mears to endorse the proposed cultural district boundaries, mission statement and vision statement. Second: Ms Barry, Approved 7 -0. 4. Bayshore Corridor Concept Plan Discussion. Ms Jourdan reviewed the Corridor Concept Plan schedule and the area that the study would encompass. She would be taking an inventory of the vacant and underutilized parcels, and reviewing the current uses allowed. When the concept plan is completed the land owners who do not have funds to redevelop or build would be identified, and the CRA would offer incentives to help them do so. Ms Jourdan gave the Board worksheets to complete by April 1st that would determine their preferred zoning, uses and incentives. Ms Beatty asked about a bed and breakfast business and Mr. Mears asked about the codes that determine if a restaurant can serve alcohol. Ms Jourdan stated that a bed and breakfast could be established on a commercial lot but not a residential lot, and that a restaurant can sell alcohol, but it must be a specified percentage between the two. Mr. Fowle expressed February 19 2008 CRA -AB Workshop Minutes 1611 p 2 concern about parking on Bayshore because of lot depth and small commercial parcels. Mr. Mears answered that is where the CRA can come in and provide some capital assistance. Development Concept Presentation. Mr. Dwight Oakley displayed a set of renderings he created that showed what the Bayshore corridor could look like if the development codes were written to bring buildings close to the street and still have a height limitation. He also showed a set of building renderings for the 17 acre parcel. Mr. Mike Sherman explained that these rendering show that we, and the CRA, can design an urban feel instead of a suburban design which is designed around the car. He clarified that there are a lot of issues to resolve in order to make it happenthough. 6. Adjournment: Mr. Thomas thanked the Board and the audience for their attendance and adjourned the workshop att66:55PM. AppKv d and f Kwar6e—crlby Lindsey Thomas, CRA -AB Chairman. February >2008 CRA -AB Minutes Z 1611 A 2 Proposed Cultural District Designation • Arts, Cultural, Entertainment Districts • Well- recognized, labeled, mixed -use area of a city with a high concentration of cultural activities • Geographically defined • Formally designated o Targeted use with development incentives • Cultural District Benefits • Catalyst to spur & guide development ■ Vision for transformation • Requirement to apply for State & Federal funding o Raises awareness • Credibility for private fund raising • Supports marketing and branding efforts • Impact on current residents & Landowners • No zoning changes • No regulation changes • Wider availability of funding • Current Organizations & Artists interested in area o Gulfshore Playhouse • Cincinnati Symphony Orchestra & Pops • Performing & Recording Artists • Erich Kunzel • William Noll ■ Bob Zottola • Naples Orchestra & Chorus o Paradise Coastmen • Naples Concert Band • Opera Naples • United Arts Council • Cultural Districts already successfully existing in Florida • Miami Beach "CANDO" (designation in 2006) ■ "To guide the designation of the district; brand, market and promote the district" • Sarasota (master plan 2007) ■ "Vision for transformation of area into cultural district" (city owns land- 15 year plan) • Orlando (designated in 2000) • Same boundaries as CRA • Grants for rent subsidies and facility improvements • Seen as encouraging new development 1611 A 2 • Bradenton Village of the Arts (designated in 2000) ■ "To build a community where artists live and work while enhancing quality of life and creating a harmonious environment." • Tallahassee (designated in 1992) ■ 10 acre "Funky " site • St. Petersburg ■ "Allows certain arts activities in residential areas" o Tampa ■ Part of 2001 master plan D 0 n -• co 0 r U) � =� rD (D 0 U Q Q �. 0- � n o < in � co CD c) 0) rmr =3 0 (u, 3� 00 �' �'• °" 01 m 1611', 2 (_n O z o �'• CU cu � n m � 1611 En a 0 3 n' no .o rn cr 3 O z 2 DAVIS BLVD . +� T 0 ■ J ■ a - y IGULF � GATE ■ PLAZA ■ ■ i0�_ Go ■ ' 17 -ACRE THOMASSON DR CRA SITE ■ R INA.- 40RETUM� ! ■ ■ ■ ■ NAPLES , „ BOTANICAL GARDEN ■ ■ 1611 N 2 Proposed Cultural District Boundary 0 0.25 0.5 1 Miles ® Proposed Cultural District Boundary 16 CRA Boundary Major Roads Roads Water - 17 -Acre CRA Site Arboretum - Gulf Gate Plaza BAYSHORE GATEW'Y TRIANGLE i 1 This map was created by the Bayshore Gateway Triangle Community Redevelopment Agency. February 15, 2008. as AMA AMA O a 1611 2 m m v ... � J -- a O E ... co c a = /f1 = Q O L � a. N � N E 0 ._ Q > CL a m G. Q m m U cn 2 1611 A 2 POTENTIAL CRA INCENTIVES Payment In Lieu of Taxes (PILOT Millions $$) • Pre - development agreement (CRA & Developer) • Commercial or Mixed Use only • Increased property taxes after development • CRA returns predetermined percentage of taxes over time • Development costs • Infrastructure costs • Percentage of impact fees • Developer meets CRA development concept Bonus Density Units (BDUs) 388 Units • Mixed Use Project (MUP) • Pre - development agreement (CRA & Developer) • CRA agrees to type of development • Density & intensity • Design • Infrastructure improvements POTENTIAL CRA INCENTIVES Duplex Unit Conversion System (DUGS $90K/YR) • Owner or developer converts duplex to single family house • Must be sold as owner occupied (deed restriction) • Grant $10,000 - $30,000 to convert • Construction costs only Bayshore Residential Infill Catalyst (BRIC $120K/YR) • Mobile home zoned lots only • Owner or developer converts into single family house • Must be sold as owner occupied (deed restriction) • Grant $30,000 - $35,000 to convert • Used to buy-down cost of land 1611 A 2 POTENTIAL CRA INCENTIVES Business Relocation Incentive Marketing (BRIM) • Tenant relocation or replacement Cost of relocation ($50K/YR) - Moving expenses - Printing and advertising - Signage CRA Residential Infill Program (GRIP $250KNR) • CRA-owned land (mobile homes) • Private builder • Buy -down land cost • 2nd or Yd mortgage ($30,000 - $50,000) • No interest accrued • No payments until sob -100% payback to CRA • Owner-occupied deed restriction POTENTIAL CRA INCENTIVES Site Improvement Grants (SIG) • External Improvements • Existing residential 33% match - $8,000 • Existing commercial 33% match • Grant $15,000 — $50,000 • Loan interest payment terms (50% - 100 %) • Internal (with external SIG) • Commercial only - loan interest payment terms (50 %) • Bank loan not CRA loan Private Owner Working Assistance • Pre - development assistance CRA loan • For planning 8 engineering, etc. • $100,000 - $500,000 • Interest only payments • Property lien principal amount • Due upon C.O. of development • Foreclosure for non - performance 2 CAC March i 2008 6 r 1of5valofMiReECEIVED December 13, 2007 MAR 13 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTPV ,, ,f - ,)t,nH CommisS oners Fiala COASTAL ADVISORY COMMITTEE Halas ` Henning t — Naples, Florida, December 13, 2007 Coyle `;oletta - -_- LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3`d Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN VICE CHAIRMAN John Sorey, III Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke David Buser E. Glenn Tucker (excused) ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Heidi Ashton - Cicko, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Misc. Cares: Date: //—�" /� Page 1 help 0: 10-1— 1 A 73 December 13, 2007 CAC March 13, 2008 Approval of Minutes VI -1 of 5 IL A 3 I. Call to Order The meeting was called to order at 1:00 PM by Chairman Sorey. IL Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Hendel moved to approve the agenda. Second by Mr. Burke. Carried unanimously 7 -0. V. Public Comments Victor Rios stated the Marco Island City Council recommended him for membership to the Coastal Advisory Committee. VI. Approval of CAC Minutes 1. October 11, 2007 M.s. %ulpa moved to continue approval of the October 11, 2007 minutes. Second by Mr. Hendel. Carried unanimously 7 -0. VII. Staff Reports 1. Revenue Report — Gary McAlpin Gary McAlpin - To date, the collections are $130,000 over projections. 2. Project Status Report —Gary McAlpin Gary McAlpin submitted for committee review. 3. Beach Parking Summary — Gary McAlpin Gary McAlpin submitted for committee review. Mr. Pires noted that the parking across Gulfshore Blvd. may want to be considered in the calculations in the North Gulfshore segment on pages #2 - #3. Gary McAlpin will review and report back. 4. Review of 2007 Physical and Biological Beach /Nearshore Monitoring — Gary McAlpin The Executive Summary was provided for committee review. Chairman Sorey questioned if the information provided in the report and related data could be utilized to request a reduction in the frequency of future monitoring from DEP. Page 2 CAC March 13, 3 of Approval of M n tes VI -1 December 13, 2007 Mr. McAlpin stated that the DEP requires 3 years of post- construction data monitored the same time each year. VIII. New Business 1. Third -Party Beach Certification Program Gary McAlpin noted two programs for Beach Certifications, The Blue Wave Clean Beach Council Certification and Dr. Beach — National Healthy Beach Campaign. He requested direction from the committee on continuation of pursuing the item. The committee requested Mr. McAlpin to arrange a presentation by Dr. Beach of FAU or a similar expert on the benefits of the certification. IX. Old Business 1. Wiggins Pass Modeling Program Gary McAlpin presented the Executive Summary dated December 13, 2007 for review by the committee. Phase I of the study has been completed. The request is for Phase 11, which is further data collection. He noted three objectives in the study: • Erosion control on north side of the south end of Barefoot Beach • Safety of the Pass • Minimizing maintenance costs The numerical modeling would allow identifying the potential solutions for maintaining the pass which will take 4 -6 months to complete SPEAKERS Geoff Burgerhoff, Port Charlotte, Florida, stated this is important as coastal erosion poses a significant threat to the ecological and recreational value of the estuary. He offered his services in collecting any necessary data for the modeling. He recommended approval of the request. Joe Moreland, President of the Estuary Conservation Association, stated the organization supports the request of staff for the funding of the study. It is important as Phase I was funded and completed and the continuation of Phase Il is essential in completing the study and return the pass to its natural state. Frank Grace, resident of Barefoot Beach, expressed support for the request and supports the comments of Joe Moreland. John Findley, 100 ton Master Captain, expressed support for the request as hundreds of thousands of persons utilize the pass annually and a final solution is not only an ecological issue but a public safety issue. He submitted boat counts and related documents for the committees review. Page 3 1 I 6 ' CAC March Minutes Approval of Mi nutes VI -1 1 4of5 December 13, 2007 John Bache, resident of Pelican Marsh, expressed support for the request, as a final solution is necessary to ensure boater safety and the quality of the environment. William Rowe, resident of Mediterra, expressed support for the request as the water depths at various times is 5 feet at high tide making the pass dangerous. Dick Lydon, resident of Vanderbilt Beach, expressed support for the request, as the continued utilization of the pass is required to aid in maintaining property values and the tax base in the area. Donna Reed Caron, resident of Wiggins Bay Drive, recommended the request be expanded to "non- structural" alternatives. She noted modeling studies are extremely limited in value andjudgment should be tempered in making decisions. Nicole Ryan, Conservancy of Southwest Florida, recommended that a proposal to expand the study to "non- structural" alternatives be formulated in a motion for approval of the request. She submitted a letter from the Conservancy of Southwest Florida to Chairman John Sorey, Ill dated December 13, 2007 to the committee outlining their recommendations. Mr. McAlpin noted the study addresses 3 -foot draft vessels as opposed to larger vessels. He had no problem adding Nicole Ryan's email to the scope of work. Also, a different entity will be used for this phase of the study to prevent the notion that there is a pre- conceived solution. He recommended setting up an evaluation committee consisting of members of the community with varying interests and backgrounds, headed by Ms. Kulpa to review the proposed solutions. Mr. Pires noted a concern that some of his questions posed in the October CAC meeting were not fully addressed in the memo entitled "Questions /Comments/ for County Staff as follow up to discussion regarding Wiggins Pass Modeling Study" dated October 17, 2007 (attachment 41 ). Heidi Ashton- Cicko, Assistant County Attorney, stated that she is in the process of preparing an opinion on permits or any other approvals that may or may not be required for any potential solutions. Chairman Sorey recommended broadening the scope of analysis of the request to include Nicole Ryan's memo as well as attachment 41 cited above. Ms. Kulpa moved to approve the Executive Summary requesting $150,000 for the next phase of the Numerical Modeling of Alternatives with the second phase to include 6 items in the Conservancy document dated 12113107 and all documents generated to date (attachments I -VI) subject to the following: Page 4 CAC 1611 F. } 3 5 f SMall of M n tes VI -1 December 13, 2007 • That all references to the term "structural alternatives" be changed to alternatives" in the document. • That an independent 3'd party is to perform the scope of work in the Executive Summary. • Ms. Kulpa to Chair a Sub - committee to bring various parties input into the discussion. Second by Mr. Hendel. Carried unanimously 7 -0. X. Public Comments None XI. Announcements None XII. Committee Member Discussion Mr. Hendel requested the status of the Pier and Clam Pass Project and was under the impression the study would be reviewed by committee before public input. Gary McAlpin stated both studies are currently being finalized and will be submitted to the committee after public input. He will seek an opinion from the County Attorney's office if that is the correct legal procedure. Chairman Sorey requested Mr. McAlpin provides updates to the committee as they become available. Mr. Buser requested an update on the Clam Pass Permit. Mr. McAlpin stated that they are in the process of determining an estuary wide solution. The task is ongoing through the various parties involved. XIII. Next Meeting Date The next meeting is scheduled for January 10, 2008. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:41 P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chairm. These minutes approved by the Board /Committee on as presented or as amended Page 5 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, February 14, 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3`d Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN John Sorey, III Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke David Buser E. Glenn'rucker Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Michael R. Bauer, Natural Resources Mgr., City of Naples CAC March 13, 2008 Approval of Minutes VI -2 1611 �� 3 ' of February 14 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, February 14, 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3`d Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN John Sorey, III Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke David Buser E. Glenn'rucker Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Michael R. Bauer, Natural Resources Mgr., City of Naples I CAC March 13, 2008 Collier County: February 14, 2008 "� Z Approval of Mint��$ of 2 3 2of7 February 14, 2008 MEETING AGENDA & NOTICE MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, FEBRUARY 14, 2008 - 1:00 P.M. W. MARMON TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. October 31. 2007 a. RafsrsnsedBackultlot 10111 /4Z.MInutss 2. December 12,2447 VII. Staff Reports 1. RevengQR4pQft- GWYJ1SA_ID1n. 2. Prgtect Status Report - Gary McAloin VIII. New Business 1. GrenLiolicitatiou 2. Expectn4.Major Projects FY-08 /04 IX. Old Business I. wiggiDs_Pass Modeling_ Evaluation Committee 2. Update Gprdim Pass Dredging X. Public Comments XI. Announcements 1. 2008_ _CAC Meeting Schedule XII. Committee Member Discussion XIII. Next Meeting Date /Location March 13, 2008 - Government Center, Administration Bldg. F, 3rd Floor XIV. Adjournment All Interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writlng, to the board prior to the meeting If applicable. For more information, please contact Gail D. Hambright at (239) 213 -2966. 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 http: / /www.colliergov.net/index.aspx ?page =2328 2/21/2008 CAC March 13, 2008 Collier County: February 14, 2008 161 1 Approval of Mini of Z + 3of7 Collier County Facilities Management Department located at 3301 East Tamlami Trail, Naples, FL 34112, - (239) 774 -8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99 -22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http: / /www.colliergov. net /index.aspx ?page =2328 2/21/2008 1611 `..i CAC March Minutes tes Approval of Minutes VI -2 4 of February 14 2008 I. Call to Order The meeting was called to order at 1:00 PM by Chairman Sorey. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Sullivan moved to approve the agenda subject to the following changes: New Business — addition of item #3 — Discussion of Clam Bay Pass Permit. Second by Mr. Pires. Carried unanimously 9 -0. V. Public Comments None. VI. Approval of CAC Minutes 1. October 11, 2007 a. Referenced Backup of 10/11/07 Minutes Mr. Hendel moved to approve the minutes. Second by Mr. Sullivan. Carried unanimously 9 -0. 2. December 13, 2007 Continued until the next meeting. VII. Staff Reports 1. Revenue Report— Gary McAlpin Gary McAlpin provided the Fiscal Tax Revenue Report — FY 2007 -2008 to the Committee. The Committee requested Gary McAlpin provide a future analysis on the overflow of unspent funds to the beach fund. 2. Project Status Report —Gary McAlpin The FY 2007 -2008 TDC Category "A" Beach Maintenance Projects Report was provided to the Committee. VIII. New Business 1. Grant Solicitation Gary McAlpin, Coastal Zone Management Director provided the Executive Summary "FY 2008 -20009 Acceptance of Category "A" Grant Application" for review by the Committee. 2. Expected Major Projects FY -08/09 Gary McAlpin, Coastal Zone Management Director, provided Executive Summary "Expected Major Projects for FY- 08/09" for review by the 1611 1 3,m,al of Min tes VI -2 5 of February 14 2008 Committee outlining expected major project expenditures in FY 08/09. It was noted a placeholder be added for the Gordon Pass Dredging Project. The final total of $3,225,000 is an estimate based on a past history of similar expenditures. It was suggested that the items be prioritized for budget purposes. It was noted that any Capital Project's relating to Coastal issues are under purview of the Committee under Ordinance. 3. Clam Bay Pass Permit Gary McAlpin noted a discussion group representing countywide interests is being assembled to address any items under consideration with the permit. The first meeting is scheduled for February 21, 2008. The new permit is on hold and the County is seeking a 1 year permit extension under the existing permit and will subsequently work to resolve any issues and obtain a consolidated permit. The marking of the channel has not been completed and the County is in violation of the permit. It was noted the permit application should be posted on the Coastal Advisory website for public view. Mr. Buser noted that lack of channel marking is not only a violation of the permit but a safety and possible liability issue for the County or the Coastal Advisory Committee. Colleen Greene, Assistant County Attorney noted she would need to review the permit to determine violations and where any liability lies. Mr. Buser moved that the Committee make a recommendation that if the permit is in violation that the permit be brought into compliance immediately. Second by Mr. Rios. Motion failed 6 -3. Chairman Sorey, Mr. Sullivan, Mr. Mendel, Mr. Tucker Mr. Burke and Ms. Kulpa voted no. Chairman Sorey voted no as there is a meeting on February 21, and more information may be brought forward for an action item on a future agenda. It was noted that staff review any permitting that may be required by any Collier County Department. IX. Old Business 1. Wiggins Pass Modeling Evaluation Committee Gary McAlpin, Coastal Zone Management Director presented the Executive Summary "Recommend Approval of Wiggins Pass Modeling Evaluation Committee to be chaired by Heidi Kulpa from CAC." X. 1611 A 3 CAC March 13, 2008 Approval of Minutes VI -2 6 of February 14 2008 He noted in addition to the members chosen "Friends of Barefoot Beach" have requested representation on the Board. Sneaker Thomas Crowe, representing "Friends of Barefoot Beach" addressed the Committee and provided an overview of the organization and concerns regarding Wiggins Pass noting they have a vested interest in Wiggins Pass and requested a member of the organization be added to the Wiggins Pass Modeling Evaluation Committee. Mr. Hendel moved to approve the Executive Summary with the addition of a representative of "Friends of Barefoot Beach "be added to the Evaluation Committee. Also the word conversancy to "conservancy ". Second by Ms. Kulpa. Mr. Pires noted a possible imbalance of the Committee as there are two members from the ECA (Jon Staiger and John Findley) which would comprise 1/5 of the Committee. Also this could create Sunshine Law concerns for the ECA. Motion carried 8 -1. Mr. Pires voted no. It was noted that the Evaluation Committee is to be a sub - committee of the Coastal Advisory Committee. Speaker Ken Humiston of Humiston and Moore addressed the Committee regarding the Wiggins Pass issue stating the disappointment in being replaced as the consultant on Wiggins Pass. He noted that they were not biased against the use of non - structural alternatives for the pass. Among other items the feasibility study in 2004 recommend 2 specific non - structural alternatives such as reducing depths of dredging in portions of the channel, etc. The 2007 report reviewed other non - structural alternatives and this report will provide a lot of valuable information to the Evaluation Committee. The Committee expressed there appreciation to the firm and there was no question of the integrity or capability of the firm, rather the concept of a new look at the issue. 2. Update on Gordon Pass Dredging Gary McAlpin, Coastal Zone Management Director provided the Executive Summary "Update- Gordon Pass Dredging" for review by the Committee. Public Comments None 4 XI. Announcements 1. 2008 CAC Meeting Schedule The Coastal Advisory Committee 2008 meeting schedule was provided to the Committee. X11. Committee Member Discussion Mr. Hendel requested an update on the legal opinion for the Vanderbilt Pier and Clam Pass studies. Gary McAlpin stated that he spoke to the County Manager who noted that the Board of County Commissioners approved the study and directed staff solicit public comments before placing the issue back in front of the Coastal Advisory Committee and the Tourist Development Council. Mr. Pires noted that the parking across Gulfshore Blvd may want to be considered in the calculations in the North Gulf Shore segment on page #2 -3 of the Beach Parking Summary previously presented at the December 13, 2007 meeting. Gary McAlpin will review and report back. XIII. Next Meeting Date The next meeting will be March 13, 2008 — Government Center, Administration Bldg. F, 3rd Floor. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:30 P.M. Collier County Coastal Advisory Committee IUhn Sorey, III, Chairman These minutes approved by the Board/Comm' ee on — as presented or as amended CAC March 13, 2008 16 1 roval of Minutes VI -2 FebrArY 14 2008 XI. Announcements 1. 2008 CAC Meeting Schedule The Coastal Advisory Committee 2008 meeting schedule was provided to the Committee. X11. Committee Member Discussion Mr. Hendel requested an update on the legal opinion for the Vanderbilt Pier and Clam Pass studies. Gary McAlpin stated that he spoke to the County Manager who noted that the Board of County Commissioners approved the study and directed staff solicit public comments before placing the issue back in front of the Coastal Advisory Committee and the Tourist Development Council. Mr. Pires noted that the parking across Gulfshore Blvd may want to be considered in the calculations in the North Gulf Shore segment on page #2 -3 of the Beach Parking Summary previously presented at the December 13, 2007 meeting. Gary McAlpin will review and report back. XIII. Next Meeting Date The next meeting will be March 13, 2008 — Government Center, Administration Bldg. F, 3rd Floor. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:30 P.M. Collier County Coastal Advisory Committee IUhn Sorey, III, Chairman These minutes approved by the Board/Comm' ee on — as presented or as amended - uw Fiala Halas Henning Coyle Coletta 16 1`1 A 4ruary29,2 ECEIVED MAR 18 2008 Board of County commissioners OF THE MEETING OF THE COLLIER COUNTY FIRE REVIEW TASK FORCE Naples, Florida, February 29, 2008 LET IT BE REMEMBERED, that the Collier County Fire Review Task Force, in and for the County of Collier, having conducted business herein, Met on this date at 1:00 P.M. in REGULAR SESSION at the Collier County Community Development Environmental Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, With the following members present: CHAIRMAN: Bradley Schiffer VICE CHAIRMAN: William Varian Gary Beaumont James Boughton Dalas Disney (Excused) J. Christopher Lombardo (Excused) William Schreck Chuck McMahon (Absent) Angela Davis ALSO PRESENT: Bob Dunn, Interim Building Official Jeff Wright, Assistant County Attorney Paula Brethauer, Operations Analyst Misc. Comes: Porfirio E. Gramatges, P.E., Public Utilities Date: Item #: L o,1 t A y 1 '6�1i5 t0' 161-1 4 4 February 29, 2008 I. Call Meeting to Order The meeting was called to order at 1:00 PM by Chairman Schiffer II. Roll Call Roll Call was taken and a quorum was established. The following Fire District Personnel Representatives were present: Ed Riley, Fire Code Official; Bob Salvaggio, Fire Code Official; Nick Biondo, East Naples Fire Marshal; Leo Rodgers, Immokalee Fire Marshal, Ricco Longo, Deputy Fire Code Official III. Approval of Agenda Mr. Schreck moved to approve the agenda. Second by Mr. Varian. Carried unanimously 6 -0. IV. Approval of Minutes A. February 8, 2008 Mr. Varian moved to approve the minutes of the February 8, 2008 meeting. Second by Mr. Schreck. Carried unanimously 6 -0. B. February 15, 2008 Mr. Varian moved to approve the minutes of the February 15, 2008 meeting. Second by Mr. Schreck. Carried unanimously 6 -0. V. Old Business: (topics from past meetings) A. Water Supply None B. Alarm Systems and Monitoring Mr. Beaumont requested clarification on the issue of permit requirements for device changes in existing systems for maintenance purposes. Ed Riley, Fire Code Official noted if it is non -power consuming device, and the devices are interchangeable no permit is required. Power consuming devices including items such as smoke detectors, etc. are required to be specifically listed for compatibility with the control panel and require permits. Ricco Longo, Deputy Fire Code Official stated that there is a "building block" that addresses this issue. C. Permit Inspection/Process None D. Florida Administrative Code 61G15.32 Process None E. Fire Sprinkler None F. Building Official and Fire Official areas of Governing Code review None G. Design Professionals interface with the Fire Official Office None H. General & Sub Contractors interface with the Fire Official Office 2 1611 4bruary 29, 2008 None I. Fire Districts None J. Collier Local Amendments to the Florida Fire Prevention Code None VL New Business A. Friday February 29, 2008 IPM — 5PM • Roundtable Discussion • Establish Report Method A document entitled "Fire Review Task Force Interim Report" prepared by Paula Brethauer; Operations Analyst was circulated for review by the Task Force. It was noted that the title has been changed to "Fire Review Task Force Progress Report." The report was displayed on the large screen viewable to all attendees and some real time changes were made to the document throughout the meeting. Porfirio Gramatges, P.E. for the Collier County Public Utilities Department was present address any issues related to "Water Flow." The Task Force determined to take up this topic first. 9) TOPIC. WATER FLOW 1) Porfirio Gramatges noted that the aspect of de- rating water pressure has nothing to do with the water distribution pressure provided by the Utilities Department, rather it is a design parameter utilized by the Fire District for sprinkler system designs 2) Porfirio Gramatges stated that the Utilities Department is not aware of any pressures within the system falling below 40 psi (for a critical period of time). Ed Riley stated there was a previous study that provided indications that the system drops below 40 psi in some location for a period of time. The test results are a reason for de- rating design parameters to ensure adequate pressures exist for the operation of a sprinkler system. He further noted this is a prudent practice, with other areas in the State utilizing similar design parameters in a variety of means. Porfirio Gramatges stated that he would need to locate and review this study. Porfirio Gramatges noted that the Utilities Department has the ability to increase pressures in real time. Ed Riley stated that this is an acceptable practice with the firefighters on scene fighting a fire. Relying on this practice for monitored or non- monitored automatic sprinkler systems is not an acceptable practice. It was noted that the area in unincorporated Collier County served by the City of Naples water system provides many problems for sprinkler system designs, as their requirement is only 20 psi residual pressure. 16/1 Ai 4bruary 29, 2008 3) Porfirio Gramatges noted that it would be a costly undertaking if there were a requirement of increasing the level of service of for minimum pressures under fire flow conditions. He stated that the impact fees paid to Collier County Utilities require the Department to provide 40 psi, 185 gallons per day per person, not guarantee fire flows. Ed Riley asked for the specific number for the assumed fire flow gallons per minute at specific points utilized for the Utilities hydraulic modeling program to ensure 40 psi are provided under fire flow conditions. Porfirio Gramatges stated he would have to research the modeling program and report this number back to the Task Force. Ed Riley noted that this number could possibly be revised and the design parameters subsequently adjusted if acceptable. 1) TOPIC. FLORIDA BUILDING AND FIRE CODES The Task Force reviewed this Section with Real Time changes made by Paula Brethauer. 2) 10) It was noted that Phase Permits and Early Work Authorizations should be separated into issue 1: Phase Permits and issue 2: Early Work Authorizations. Ed Riley, Fire Code Official will revise this Section. This topic was moved to become #3. This topic was reviewed with Real Time changes made by Paula Brethauer. A discussion ensued regarding the merits of the statement in paragraph 4, line 3 -5 of this Section "The Fire Alarm checklist is in the appendix of the National Fire Protection Associations alarm design handbook." Mr. Beaumont moved to delete the statement "The Fire Alarm checklist is in the appendix of the National Fire Protection Associations alarm design handbook." Second by Mr. Varian. Motion failed 3 -3. Mr. Varian, Mr. Beaumont and Mr. Schreck voted yes. Ms. Davis, Mr. Schiffer and Mr. Boughton voted no. A discussion ensued over the wording in paragraph 5 regarding reviews for engineering and shop layout documents. Chairman Schiffer will revise this paragraph. Break: 2:30 Re- Convene: 2:40 3) TOPIC. FIRE ALARM & MONITORING 164'1 AFeb r4y 29, 2008 A discussion ensued regarding the failure rate on failure of Fire Alarm Fire Review applications. Mr. Beaumont provided information regarding an application for the Collier County Emergency Operations Center (permit #2007-111736). The application was submitted on 11/27/2007 and failed on 12/12/2007 for approximately 18 -30 items that needed to be addressed. It was re- submitted on 2/15/2008 and was rejected on 2/19/2008 and resubmitted on 2/22/2008 and rejected on 2/27/2008. Each additional submittal found more items that needed addressing that should have possibly been flagged in the original review (battery calculations, etc.) He noted it is a concern on re- occurring application failures as the fee structure increases after a certain numbers of failures. He did acknowledge that a large amount of the fault lies with the sub - contractor or design professional who submitted an incomplete application. Ed Riley stated that he would review the record of the permit and provide a report to the Task Force. He noted that the Fire District reviews are treated alike whether they are a County project or a Private Entity. Mr. Beaumont will revise this section. A discussion ensued regarding the Fire Alarm Review checklist. Ed Riley noted that the Fire Alarm Committee recently contacted and met with Contractors in the industry to achieve more input on the issue. A majority of the Contractors noted that the checklist are necessary for the review process and recommended adding checklists with sub - categories for different applications that are filled out, signed and submitted as a part of the application. This issue continues to be addressed by the Fire Alarm Committee. 4) TOPIC: PERMIT PROCESS & PLAN REVIEW This item will be combined with Topic #5. 5) TOPIC. INSPECTIONS & PERMITS This item will be combined with Topic #4. Mr. Varian will revise Topics #4 and #5 including addressing the Private Providers issue. A discussion ensued regarding the recommendation for placing inspection holds until Fire Alarm, Sprinkler and Hood permits are issued. 6) TOPIC: REVISIONS A discussion ensued regarding the "clarification" requirement vs. revision requirement within the Building Review and Permitting Department. It was noted that a clarification is not a revision and the Fire District does not utilize a "clarification' process. 16/1 A F/4ary 29, 2008 It was noted that the Fire District continues to address the issue of "simplifying" the revision process without jeopardizing life safety or enforcement of the necessary codes. This section will be revised. 7) TOPIC. INTERFACE WITH FIRE OFFICIALS OFFICE No revision requested. 8) TOPIC. SIMULTAENOUS REVIEW & SDP PROCESS Ed Riley, Fire Code Official will revise this section. 11) TOPIC. PARKING GARAGE Chairman Schiffer will write this section. 12) TOPIC. BUILDING AREAS Chairman Schiffer will write this section. 13) TOPIC. LOCAL AMENDMENTS TO THE FLORIDA FIRE PREVENTION CODE A discussion ensued regarding the merits of the local amendments to the Florida Fire Code. It was noted Ed Riley has provided a summary of the local amendments and the necessity thereof. It was noted the existing amendments sunset in October of this year and new amendments may or may not be brought forth with a possibility of different requirements within each Fire District. Chairman Schiffer will write this section. 14) TOPIC. THE DESIGN PROFESSIONALS MUST HAVE AN UNDERSTANDING OF THE GOVERNING CODES Mr. Beaumont will write this section. 15) TOPIC. This topic will be entitled "Board of County Commissioners." Real Time changes were made in Issue 91 and Issue #2. A discussion occurred regarding the overall administration of Fire Code Official's Office and the role of the Board of County Commissioners. Jeff Wright, Assistant County Attorney will provide proposed wording for the recommendation Section of this Topic. OVERALL RECOMMENDATIONS - page 7 1) Code enforcement — no changes 2) Collier County Projects — Bob Salvaggio, Fire Code Official will revise this item. 3) Deleted 1611 4 Fe4ary 29, 2008 4) Deleted 5) Deleted 6) Re- locate to Topic #5/6 7) Re- locate to Topic #15 VII. Public Comments None VIII. Review of future meetings /topics B. Friday, March 7, 2008 1PM — 5PM • Roundtable Discussion C. Friday, March 14, 2008 • Roundtable Discussion D. Tuesday, March 18, 2008 9AM —Noon • BCC /Fire Review Task Force Workshop There being no further business for the good of the County, the meeting was adjourned by order of the chair at 5:10 P.M. Collier Qounty Fire Review Task Force Chairman These minutes appw<ed by the Board /Committee on as presented 7 16 11 A Ach 4, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY BUILDING BOARD OF ADJUSTMENTS AND APPEALS Naples, Florida, March 4, 2008 LET IT BE REMEMBERED, that the Collier County Building Board of Adjustments and Appeals in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at the Collier County Community Development Environmental Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, With the following members present: CHAIRMAN Bradley Schiffer Leo Rodgers Edward Wood Robert Vigliotti Kenneth Rech ALSO PRESENT: Bob Dunn, Interim Building Director Jeff Wright, Assistant County Attorney Paula Brethauer, Operations Analyst Gary Harrison, Interim Deputy Building Official Patrick Neale, Board of Adjustment Attorney 1611 AMarc4, 2008 I. Call Meeting to Order Chairman Schiffer called the meeting to order at 1:05 PM. II. Roll Call Roll call was taken and a quorum was established. Ed Riley, Fire Code Official was also present. III. New Business • Mr. Rogers appealed to the Board for a permit extension The Board was notified that Mr. Rogers would be late. The Board made the decision to hear item V. "Review of Future Meeting Dates" before New Business. V. Review of Future Meeting Dates Mr. Schiffer moved to have monthly meetings for the Board. Second by Mr. Rech. Carried 4 -0 with 1 abstention. Mr. Wood abstained. Mr. Schiffer moved to approve the monthly meeting day for the P Friday of every month beginning in April 2008. Second by Mr. Vigliotti. Carried unanimously 5 -0. Break: 1:20 PM Re- Convened: 2:01 PM John Rogers arrived at 2:01 PM and apologized for being late. He represents 365R, Inc, who are requesting an extension of building application #2005094265. Bob Dunn Interim Building Administrator provided a brief overview of the permit noting that the permit has been approved and waiting for issuance for approximately 17 months. It was originally approved on 9/1/2006 and received extensions; the most recent scheduled to expire on 12/31/2007. In a letter dated December 18, 2007, Mr. Rogers requested another extension for a period of 1 year. Subsequent to this in an email from John Rogers to Bill Dunn dated 12/20/07 this extension request was revised to an end date of 9/30/08 as a new Commercial Building Code was scheduled to come into effect 10/1/2008. Bob Dunn subsequently denied this request in an email dated 12/27/07 to John Rogers. This decision was ultimately appealed to the Board by John Rogers for a hearing today. John Rogers of 365R, Inc. addressed the Board providing a brief history of the parcel noting it was purchased in 2003 with a building permit approved in September of 2005. The application is for a 3 -story building with tenant space on the first two floors and an owner apartment on the third floor. He stated that the application was originally submitted on 9/30/2005 and approved on 9/1/2006. In October of 2005, through the Early Start Authorization procedure, a test piling, temporary power and a construction i6 1 1 March, 2008 trailer were installed and the project was underway. Hurricane Wilma, which struck in late October of 2005, caused substantial damage to adjacent properties owned by the appellant. The result of the hurricane created a domino effect as the lender requested a new appraisal, the tenant originally committed for the site withdrew interest, and the damage to the existing adjacent properties under control of the applicant which contained active businesses needed immediate repair. These circumstances created a project delay and two extensions were granted; one on 2/26/2007 for 90 days; and the second one until December 31, 2007 in a letter dated May 31, 2007 by Bill Hammond, Director of Building Review and Permitting. He now is requesting an additional extension and cited Section 105.3.2 of the Florida Building Code which allows extensions of permits if "it is provided there is reasonable cause." This would cover delays beyond the applicant's control, such as pre- requisite permits or approvals from other authorities within the jurisdiction or state." He stated that in January he was notified by the Department of Environmental Protection that the Department will require a stormwater permit. In his opinion this requirement meets the above referenced section of the Florida Building Code allowing him an extension. He further noted that the former Engineering Consultant for the project was not aware of this requirement. This will create a delay of approximately 9 months and cannot proceed without their approval. All issues (new tenant tentatively committed, lender in place, etc.) have been resolved with the property and they are ready to proceed other than this Department of Environmental Protection approval. He has applied for this permit with the Department's review underway. Bob Dunn noted that the permit is still "active" and could be issued today if the remaining impact fees previously due were paid. John Rogers stated that the existing fees currently paid to Collier County are near twenty thousand dollars including Site Development Plan fees. If the permit expires and he has to re- apply, these fees would be forfeited. A discussion ensued regarding a variety of issues including if the design meets the current Building and Fire Codes; if the permit is issued what type of work could be done to initiate an inspection without violating the Department of Environmental Protection guidelines, etc. It was noted if the permit was issued, followed by an approved inspection for locating a construction trailer, a temporary power installation on site, etc. this would provide a 6 month "extension" while the appellant waits for other permit approvals. Gary Harrison, Interim Deputy Building Official stated that he conducted a cursory review of the plans for compliance with the Building Code enacted after the permit was originally approved and indicated that the existing plans "should" meet the current Code. He noted Plumbing, Electrical and FEMA reviewers agreed. He further noted he conducted the original review of these plans. IV 16 i 1 karch 4, 2008 Ed Riley, Fire Code Official stated that there have been no changes to the Fire Code that "should" affect the existing plans if they were reviewed today. Chairman Schiffer swore in Mr. Riley and Mr. Rogers verifying their testimony. The Board recognized that the Department of Environmental Protection stormwater permit request "flagged" by DEP during the appeal period met the requirements for an extension set forth in Section 105.3.2 of the Florida Building Code. Mr. Irgliotti moved the following: 1) To deny the appeal of Mr. Dunn's decision (not granting the application extension until December 31, 2008.) 2) To approve an application extension until March 31, 2008 subject to the applicant obtaining the permit and paying the fees previously due for issuance of the permit. 3) If the permit is not obtained by March 31, 2008 the Building Official is authorized to grant one additional extension until June 30, 2008 for obtaining the permit with the applicant being required to pay the applicable fees due at the date of issuance. 4) If after June 30, 2008, the applicant has not obtained the permit, the permit application is deemed expired and the applicant will be required to submit a new application for a Building Permit. Second by Mr. Rodgers. Carried unanimously 5 -0. It was noted that Patrick Neale, Attorney for the Board will prepare Findings of Fact and Conclusions of Law supporting the Boards decision. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the chair, at 3:31 P.M. Collier County Building Board of Adjustment and Appeals Bradley S These minutes ap ved by the as presented ld Chairman on3 C) b . 1611A 4 BUILDING BOARD OF ADJUSTMENT AND APPEALS COLLIER COUNTY, FLORIDA ORDER THIS MATTER came on for public hearing before the Collier County Building Board of Adjustment and Appeals (hereafter Board) on March 4, 2008 for consideration of an appeal of the denial by Mr. Bob Dunn of Collier County Development Services of a request for a one (1) year extension of a building permit application by Mr. John Rogers of 365R, Inc. for permit number 2005094265, the issues as considered were: A. Whether such an extension is permissible under the relevant codes, statutes and ordinances; and B. Whether the circumstances set forth by Mr. Rogers were sufficient to meet the test of justifiable cause for extension set out in the relevant ordinances, statutes and codes; and, C. Whether any extension is permissible under the relevant codes, ordinances and statutes. The Board having at said hearing heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its findings as follows: FINDINGS 1. That the one (1) year extension is not permissible in the instant circumstances under the relevant codes, ordinances and statutes. 2. That the circumstances set out in Mr. Rogers letter requesting the extension were not adequate to support an extension of the permit application period. 16 1.r a 1 A 4 3. That the circumstances presented by Mr. Rogers at the hearing, to wit that the Florida Department of Environmental Protection (FDEP) has advised Mr. Rogers during the period from the time of the filing of the request for extension and the date of the hearing that additional permitting is required from FDEP prior to beginning of construction, are adequate to support a finding that would permit an extension of the time for permit application. 4. That there is no support in law for the granting of an extension for a period of one (1) year. ORDER OF THE BOARD Pursuant to the testimony and evidence presented at the and the relevant evidence presented to the Board, the Board hereby ORDERS: 1. The request for a one (1) year extension of the permit application time is DENIED. 2. The expiration of the permit on December 31, 2007 is tolled by the application for extension submitted to Collier County Development Services in a timely fashion. 16`1 A '4 3. A three (3) calendar month extension until March 31, 2008 of the application time for the permit is hereby GRANTED. 4. If the permit is picked up during the first three (3) month extension period, as set out in Paragraph 3 supra the impact fees due at the time of pickup shall be as calculated upon the original submission of the permit application. 5. The Building Official is hereby given the authority to grant one, and only one additional three (3) month extension until June 30, 2008. 6. Should the permit be picked up during the period from April 1, 2008 until June 30, 2008, the impact fee calculations shall be redone based upon current impact fee levels and the fees calculated on such basis shall be due and payable at time of permit pickup. 7. If the subject permit is not picked up during either the first or extension period, then the permit application will be canceled and shall be deemed to have expired, requiring a new permit application and payment of all new fees. DONE AND ORDERED this 14 day of March, 2007 at Collier County, Florida. BRAD ICHIFFER, CHAIRMAN Buildin Board of Adjustment and Appeals C1Documents and Settings \jenniferblanco \Local Settings \Temporary Internet Files \OLK181 \BOAR Order Rogers March 4 2008 Final.doc 3 16-11 A Ah 7, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY FIRE REVIEW TASK FORCE Naples, Florida, March 7, 2008 LET IT BE REMEMBERED, that the Collier County Fire Review Task Force, in and for the County of Collier, having conducted business herein, Met on this date at 1:00 P.M. in REGULAR SESSION at the Collier County Community Development Environmental Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, With the following members present: CHAIRMAN: Bradley Schiffer VICE CHAIRMAN: William Varian Gary Beaumont James Boughton Dalas Disney J. Christopher Lombardo(Excused) William Schreck Chuck McMahon Angela Davis ALSO PRESENT: Bob Dunn, Interim Building Official Jeff Wright, Assistant County Attorney Paula Brethauer, Operations Analyst Joe Schmitt, Adminstrator, CDES Porfirio E. Gramatges, P.E., Public Utilities 161 1 A March, 2008 1. Call Meeting to Order The meeting was called to order at 1:00 PM by Chairman Schiffer. 1I. Roll Call Roll Call was taken and a quorum was established. The following Fire District Personnel Representatives were present: Ed Riley, Fire Code Official; Bob Salvaggio, Fire Code Official; Nick Biondo, East Naples Fire Marshal; Ricca Longo, Deputv Fire Code Official. III. Approval of Agenda Mr. Beaumont moved to approve the agenda. Second by Ms. Davis. Carried unanimously 6 -0. IV. Approval of Minutes A. February 29, 2008 Mr. Varian moved to approve the minutes of the February 29, 2008 meeting. Second by Mr. Schreck. Carried unanimously 6 -0. Mr. Boughton arrived at 1:10 PM V. Old Business: (topics from past meetings) A. Water Supply None B. Alarm Systems and Monitoring Ricco Longo, Deputy Fire Code Official presented a document entitled "Fire Alarm System Shop Drawings for: Collier County Emergency Services Center - Permit #2007111736 ". He also provided related correspondence of review letters that were provided to Commercial Electrical Systems, the Fire Alarm System Consultant. This presentation addressed issues raised during the February 29, 2008 Fire Review Task Force meeting that Fire Code Office is not efficiently conducting reviews. The document provided a synopsis of the application to date with a summation of the submittal dates and turnaround times. ]it summary, he noted that the Fire Code Office completed all reviews in a timely manner. He noted that some items were not reviewed until subsequent information was submitted due to the fact that circuits, addresses, number of devices on circuits, etc. change as the plans are corrected. These changes may affect other factors within the design which are not reviewed until the appropriate time. He noted that the District provides a generic comment that "this review shall be considered incomplete pending receipt of additional information. Subsequent review(s) may reveal additional deficiencies. " This serves to forewarn the applicant the potential for additional comments. C. Permit Inspection /Process None 2 16 lA March 7008 D. Florida Administrative Code 61G15.32 Process None E. Fire Sprinkler None F. Building Official and Fire Official areas of Governing Code review None G. Design Professionals interface with the Fire Official Office None H. General & Sub Contractors interface with the Fire Official Office None 1. Fire Districts None J. Collier Local Amendments to the Florida Fire Prevention Code None V1. New Business A. Friday March 7, 2008 IPM — 5PM • Roundtable Discussion • Establish Report Method Porfirio E. Gramatges, P.E., Public Utilities appeared before the Task Force noting hand delivery of a letter from Roy Anderson to Bob Dunn, March 7, 2008 as well as associated documents regarding the issues at the Collier County Waste Water Reclamation Facility application which has been discussed at previous meetings. He provided this to ensure that the record is complete with respect to `Issue 2.3: Temporary CO for the Collier County Waste Water Reclamation Facility" section of the report. A discussion ensued regarding the construction requirements for the project and which Codes apply depending on how the workspace in contention (2nd Floor) is defined or utilized. Chairman Schiffer noted that resolving this issue is not the Scope of the Task Force. Paula Brethauer, Operations Analyst noted that she is in the process of finalizing the draft of the Fire Review Task Force Interim Report. She has received several revisions from various parties and has incorporated them into the report today. The Task Force viewed the report on overhead visual and authored real time changes to the following sections of the report. Mr. McMahon arrived at I.40PM With Porfirio Gramatges present, it was determined to review Appendix Issue 2.3: Temporary CO for the Collier County Waste Water Reclamation Facility section of the report first. 3 1611 arch 74008 Appendix: Issue 2.3 Temporary CO for the Collier County Waste Water Reclamation Facility: No changes were made in this section. Porfirio Gramatges noted that the fire flow number for the hydraulic modeling is not yet available and he will forward the number requested by the Task Force in the previous meeting as soon as it becomes available. The Task Force continued the Review of the Report beginning with Topic #1. 1) TOPIC: FLORIDA BUILDING AND FIRE CODES No changes were made to this Topic. 2) TOPIC: PHASE PERMITS & EARLY WORK AUTHORIZATION Real time changes were made to this Topic. 3) TOPIC: 61C -15 -BOARD OF PROFESSIONAL ENGINEERS RULES Mr. Beaumont moved to eliminate the following statement located in paragraph 5, line 4 -5 "The Fire Alarm checklist is in the appendix of the National Fire Protection Associations alarm design handbook. " Second by Mr. Varian. Motion failed 3 yes -5 no Chairman Schiffer, Mr. Disney, Mr. McMahon, Ms. Davis and Mr. Boughton voted no. 4) TOPIC: PERMIT PROCESS & PLAN REVIEW Real time changes were made to this Topic. 5) TOPIC: PHASE PERMITS This Topic was deleted. 6) TOPIC: PRIVATE PROVIDERS Real time changes were made to this Topic. Break — 2: 25PM Reconvene — 2:35PM 7) TOPIC: REVISIONS Real time changes were made to this Topic. 8) TOPIC: SPECIALITY PERMITS This topic was incorporated into Topic #4 with real time revisions. 9) TOPIC: INSPECTIONS A discussion ensued regarding the ramifications of the recommendation "Final Framing Inspection shall not occur (Building Department will put an inspection hold) until the fire alarm, fire sprinkler, and commercial hood permits are issue." 1611 Aarch4008 Mr. Varian moved to remove this recommendation. Without a second, the motion was not considered. Real time changes were made to this Topic. 10) TOPIC: TECHNOLOGY Real time changes were made to this Topic. 11) TOPIC: FIRE ALARMS & MONITORING Real time changes were made to the Topic. 12) TOPIC: INTERFACE WITH FIRE CODE OFFICE No changes were made to this Topic. In the presence of Jeff Wright, Assistant County Attornev the Task Force determined to take up Topics 20, 19 and 18. 20) TOPIC: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Real time changes were made to this Topic. 18) TOPIC: LOCAL AMENDMENTS TO THE FLORIDA FIRE PREVENTION CODE A discussion ensued regarding the merits of the Board of County Commissioners adopting amendments to the Florida Fire Code. It was noted that this Topic was in the original resolution from the Board of County Commissioners. Real time changes were made to this Topic. Mr. McMahon left the meeting at 4:10PM 19) TOPIC: COLLIER COUNTY BUILDING BOARD OF ADJUSTMENTS AND APPEALS This Topic was deleted. Mr. Beaumont left the meeting at 4:50PM It was determined that Paula Brethauer, Operations Analyst, will e -mail all interested parties a copy of the remaining topics (simultaneous review & SDP process; water flow; parking garage; fire code areas of concern; and building areas) existing content. It is requested that the parties review the content and provide any comments necessary to her for possible incorporation into the Report. For reference, a copy of the entire report will be sent under separate cover. The Report should be made available for review late Monday afternoon, March 10, 2008. t Mar 7, 2008 VII. Public Comments None VIII. Review of future meetings /topics A. Friday, March 14, 2008 (1 PM — 5PM) • Roundtable Discussion B. Tuesday, March 18, 2008 9AM —Noon • BCC /Fire Review Task Force Workshop There being no further business for the good of the County, the meeting was adjourned by order of the chair at 5:20 P.M. County Fire Review Task Force Schiffer, Chairman These minutes app ed by the Board /Commi'ttee on 5 14 g� _ as presented or as amended 6 Fiala`V(� Halas Henning Coyle Coletta 1. II. III. IV. f KES Call to Order Attendance RECEIVED 16 1 5 MAR 18 20% QO 11)1i ,Ai ,�NJ) I)p \IN 0.(,l yl 4, i - t 130ard or County Commissioners Approval of Agenda ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 13, 2008 Agenda Approval of Minutes - January 9, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard, Chris Tillman/ Malcome Pirine VI. Old Business A. Bond Issue Project - Sharon Newman /Transportation Operations Manager, Mark Isackson /Budget Analyst VII. New Business VIII. Public Comments IX. Adjournment The next meeting will be on March 12, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 Misc. Corres: Date: 1'em # (L1JAJ q Halas -- 16 1 %� A 5 two C 7 -; 774 HenningZ?Wai MA�t) 8 2C0€ Coyle COletta!� I { }y I)\\ ti l� I) Il . l �; ,1 L' \''� �, I ,I -4c r o i:oeaniv Cammissioners L A K F S ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 12, 2008 Agenda I. Call to Order II. Attendance Ill. Approval of Agenda IV. Approval of Minutes — February 13, 2008 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard, Chris Tillman/ Malcome Pirine VI. Old Business VI. New Business VII. Public Comments VIII. Adjournment The next meeting will be on April 9, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 Misc. Corres: 1 Stem #:_ T� FOREST LAKF S Fiala Halas ....... Henning _rte (;oyle -`= Coletta 16 ,..w l 5 W) �'D \\ i1 kN1) DRA Iy \(,I 1'I's, I,I'. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS January 9, 2007 Ill. Approval of Agenda ° Alt ' 8 2008 tioa: d ,f ;o�. m c•r Commissioners William Seabury moved to approve the agenda. Second by Harold Bergdoll. Motion carried unanimously 40. IV. Approval of Minutes — December 12, 2007 Harold Bergdoll moved to approve the Minutes of December 12, 2007 as submitted. Second by William Seabury. Motion carried unanimously 40. V. B. Project Manager Report — Darryl Richard The recommendation was made to mail a notification letter to the property owners referencing plantings in the ROW. William Seabury moved to draft a letter to each owner on the Cul- de-sac stating intentions on drainage work which would be to their advantage, not to exceed $500.00. Second by Harold Bergdoll. Motion carried unanimously 40. A quote from Q. Grady Minor & Associates was submitted in the amount of $30,200 to design the construction of the partitions. Robert Jones moved to pass as written the quote for Q. Grady Minor & Associates not to exceed $40,000. Second by Virginia Donovan. Discussions ensued concerning the quote from Bonness for the overlay of Forest Lakes and the side streets. Robert Jones moved to approve the balance of Project 1B & 1C not to exceed $300,000. Second by Virginia Donovan. Motion carried unanimously. 4-0. Mme' Date: 'em #: r , °1.c Chris Tilman submitted a quote to expand Malcome Pirnie contract for combined additional services. Robert Jones moved to issue an ok to go ahead with the Malcome Pirnie for the additional amount for the balance of Engineering for the Master Project list in the amount of $155,000. Second by Harold Bergdoll. Motion carried unanimously 40. F0 R, F' r ` Ri) �O\% 1l %\11 I111 �I\ t9:! %I ti I! ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 January 9, 2008 Minutes Meeting was called to order at 10:00 a.m. by Robert Jones. Quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg (Excused), Robert Jones, Virginia Donovan County: Tessie Sillery - Operations Coordinator, Caroline Soto-Budget Analyst, Pam Lulich - Landscape Operations Manager, Diane Flagg - Director Alternative Transportation Other: Chris Tilman - Malcolm Pirnie, Darlene Lafferty - Mancan, Emily McDonell - ETM III. Approval of Agenda William Seabury moved to approve the agenda. Second by Harold Bergdoll. Motion carried unanimously 4-0. IV. Approval of Minutes - December 12, 2007 Harold Bergdoll moved to approve the Minutes of December 12, 2007 as submitted. Second by William Seabury. Motion carried unanimously 4-0. V. Transportation Services A. Budget - Caroline Soto distributed and reviewed the Budget Report. (See attached) • Budgeted Operating Expense $312,600.00 • Open PO's $179,924.29 B. Project Manager Report - Darryl Richard / Chris Tilman /Malcome Pirnie. Chris Tilman distributed & reviewed Master Project List. (See attached) • Project 1 Overlay Woodshire Lane & Forest Lakes Blvd. ➢ Project la Overlay starting at Pine Ridge Rd. extending to the service entrance - Complete ➢ Project lb & 1c Correcting Cul -de -sac drainage -Preparing scope A -15 Discussions ensued concerning notification to Cul -de -sac property owners referencing the plantings in the ROW. The recommendation was made to mail a notification letter to the property owners. William Seabury moved to draft a letter to each owner on the Cul- de-sac stating intentions on drainage work which would be to their advantage, not to exceed $500.00. Second by Harold Bergdoll. Motion carried unanimously 40. Robert Jones questioned the use of larger trucks by Waste Management which was damaging the pavement. Tessie Sillery responded that the issue is being addressed with Waste Management by Darryl Richard. A progress report was requested. Project 2 Quail Forest Blvd. - Overlay of the Main entrance to the termination at the South end to include: ➢ Re- grading both sides of the road to correct Swale & Drainage issues. ➢ Install concrete flumes from the edge of the pavement on the left side to attach to the existing drains. a. Utilizing the grass as a natural curb to continue the flow of water along the grass line to the concrete flumes. ➢ Easements are required a. It will be included in the Roadway Edge Easement Document to prevent a Project delay Chris Tilman noted a series of Oak Trees that will be removed to prevent rippling of the pavement edge located in front of Mira Vista. Pam Lulich responded that the Oaks could be relocated. A request was made that a recommendation be given to Darryl Richard on the removal & relocation of the Oak Trees. Discussions continued. The recommendation was made to notify the Condo Association on the use of easements. It was noted the drainage swales are heavily planted and will be removed. Project 3 Quail Run Swale Restoration & Lake Improvements ➢ Swale work delayed until April at Golf Course request ➢ Drawing Easement documents to include all Easements to be installed throughout the Golf Course ➢ "May' amend the Draft Document language to include "The Water surface within the Lakes that is surrounded by the Golf Course property" ➢ Project 3d Construct engineered partitions in Lakes 8 & 10 the following recommendations were made: 1611'A5 a. Seawall on both sides constructed of reinforced concrete in lieu of a wood bulkhead i. Secured with Stainless steel tie backs b. Install a wood facade for consistency & aesthetics c. It was noted that maintenance would be minimal. A quote from Q. Grady Minor & Associates was submitted in the amount of $30,200 to design the construction of the partitions. (See attached) Robert Jones moved to pass as written the quote for Q. Grady Minor & Associates not to exceed $40,000. Second by Virginia Donovan. Discussions continued. Motion carried unanimously 4-0. Discussions ensued concerning the quote from Bonness for the overlay of Forest Lakes and the side streets. Robert Jones moved to approve the overlay quote from Bonness not to exceed $300,000. Without a second the motion was withdrawn. Discussions continued. Robert Jones moved to approve the balance of Project !B & 1C not to exceed $300,000. Second by Virginia Donovan. Motion carried unanimously. 4-0. Project 4 Overlay Forest Lakes Dr. & side streets from Forest Lakes Blvd. to south end: ➢ For the roadway utilize the small — medium drainage structures a. Install concrete flumes to redirect water to the drainage structures Harold Bergdoll left 11:18 am Discussions continued referencing the redirection of the water to a constructed low area. It was determined that an easement would be required. It was agreed that Virginia Donovan would consult with the property owners. Harold Bergdoll returned 11:21 am 161 14, Chris Tilman submitted a quote to expand Malcom irnie tract for combined additional services. Robert Jones moved to issue an ok to go ahead with the Ma /come Pirnie for the additional amount for the balance of Engineering for the Master Project list in the amount of $155,000. Second by Harold Bergdoll. Motion carried unanimously 4-0. Project 5 Forest Lakes Blvd. relief sewer to Lake 10 - None Project 6 Woodshire Lane improvements — remove rip rap & re- contoured to correct drainage issues VII. New Business - None VIII. Public Comments — None IX. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:43 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee Robert Jones, Ch it an These minutes approved by the Committee on as presented or amended 11 The next meeting will be on Februar y Collier County Transportation Building, 2885 Horseshoe Drive Naples, FL 34104 El 13, 2008 10:00 a.m. East Conference Room South 1/9/2008 January 9, 2008 1611 A' 5 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes FOREST LAKES MSTU Project Status (F -36) - ACTIVE ( POC Darryl Richard) - Stripping & reflectors within all roads in boundary map 10- 10 -07: Committee requested for all the roads within the MSTU be stripped and reflector be placed. 10- 26 -07: Requested quote from Bonness. 11 -9 -07: Received Quote from Bonness —under review with Chris Tillman — Malcom's office 11- 14 -07: committee approved Quote - $ 42,663.93 —Bonness 11- 20 -07: WO in progress —for signatures 12- 10 -07: WO & PO — NTP pending to be sent out. 12- 12 -07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the week of Dec. 12" 1 -7 -08: 90 % complete — Punchlist to be reviewed (F- 37)— ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm P'trine) —BOND ISSUE PROJECTS — INDIVIDUAL PROJECT TRACKING: 12- 12 -07: Individual projects added to project manager list for tracking of each project. 1 -7 -08: Mr. Tillman to provide list for 1 -9 -08 meeting. Project Description Start/End No. 01 Install gravity storm sewer from PS to Gordon River* 02 Forest Lakes Blvd. relief sewer to Lake 10* 03 Quail Forest Blvd. North Entrance regrading and paving* 04 Regrade Swale No. 6. Total regrade length approximately 1,500 L.F.* 05 Regrade Swale No. 1. Total regrade length approximately 1,250 L.F.* 06 Regrade Swale No. 3. Total regrade length approximately 300 L.F.* 07 Regrade Swale No. 4. Total regrade length approximately 570 L.F.* 08 Regrade Swale No. 12. Total regrade length approximately 2,700 L.F.* 09 Regrade Swale No. 13. Total regrade length approximately 700 L.F.* 10 Regrade Swale Nos. 14a and 14b adjacent to Emerald Greens. Total regrade length approximately 2,800 L.F.* 1 I Regrade Swale No. 11. Total regrade length approximately 1,500 L.F.* 12 Regrade Swale No. 9. Total regrade length approximately 600 L.F.* 13 Regrade Swale No. 8. Total regrade length approximately 1,100 L.F. 14 Single Family Area - Side Yard Swale Regrade/Road Cross Drains* 15 New Storm Sewer Outfall at Fairways at Emerald Greens* 16 Overlay Forest Lakes Blvd. and cul -de -sacs throughout Single Family Area* 17 Rebuild Woodshire Lane from Pine Ridge Road to Single Family Area* 18 Overlay Quail Forest Blvd. from GC Clubhouse to southern end* 19 Overlay Forest Lakes Drive and side streets from Forest Lakes Blvd. to south end* Note: * indicates cost based on previous estimate from WilsonMiller (F -34) — ACTIVE (POC: Darryl Richard, Chris Tilman ( Malcolm Pirine) Swale Project Scope Definitions; 1,9,2008 161,1 5 6- 13 -07: Meeting with Malcolm Pirine to review base map of swales and lakes as per Bond Issue Project List. Map requires some minor modification. Scope of Swale projects will be derived from Base Map. SCHEDULE: Forest Lakes MSTU: Swale Scope Definitions & Projects PHASE Start - End Daft CONST. Overlay Projects 16 & 17 6/15/07- 7115/07- PROJECT COMPLETE Document Prep. Swale Projects 7/1/07- 1/30/08 -IN PROGRESS (50% complete) NTP Survey - RWA 11/14/2007 60 Day Survey 11/14/07- 1/13/08 Survey Complete 419/2008 Golf Club Board;Meetin"pproval 1/15/2008 BCC Approval Easements 3/25/2008 BCC Approval Contractor Bids 3/25/2008 Begin Swale Projects 4/1/2008 90 Day construction 4/1/2008- 6J30/08 Swale Construction Complete 6/30/2008 1 -7 -08: Revised scope for each bond issue project in progress - Malcome Pemie (F -31) — ACTIVE (POC: Darryl Richard) - Easement for Swales & Lakes 3- 29 -07: RLS sent to Scott Teach for recommendation regarding request as per Macolm Pirine advisement that easement may be the option the MSTU would want to pursue for swales and lakes. Also included in request is evaluation of roadways in terms of easements. 4- 30 -07: RLS received from Scott Teach regarding obtaining easement within Golf Course Property. Recommendation is to proceed with obtaining easement within Golf Course for both swales and lakes. Easement is not required for roadways as per RLS. 5 -9 -07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required easement/Right of Entry. Recommendation from Kevin was to pursue negotiation with Golf Course based on a `preliminary' map (to be produced by Malcolm Pirine) of the easement areas. 7 -6 -07: Meeting with Golf Course — review of easements — Chris — Malcom Pemie will be sending out a report of the results of meeting. 7- 23 -07: July W, draft document received from Malcom Pemie & County staff reviewing with Consultant - Presentation per Quail Run Golf Course 8- 15 -07: (week of) Malcolm Pirine coordinating project details with Quail Run Club Mgmt. 8- 22 -07: RWA will be performing Survey — quote from RWA pending regarding the Golf Course approval. 9- 10 -07: Obtaining scope of service from RWA — (RWA to create scope) 9- 12 -07: RWA has provided draft scope — under review by Malcolm Pirine 10- 17 -07: Purchasing requested changes in Scope lump sum vs time & material and other verbage. 10- 22 -07: RWA has provided proposal - county staff to review and requested revisions. 11-6-07: RWA has revised proposal several times per request of county staff. Still pending on revision 11-8-07: RWA responded and Work Order is with Budget Analyst going through signature process. 11- 20 -07: NTP sent on 11 -20 -07 — 60 days - $58,305.50 to be completed by January 19th, 2008. 1 -7 -08: Easement Language complete by Malcom Pernie. 1 -7 -08: RWA — Survey is 90% complete 1 -9 -08: RWA —Survey is 100% complete 1/9/2008 (1726) - ON GOING- ACTIVE (POC. Tessie Sillery) — Signage Maintainance 11- 08 -06: Fogg moved to utilize annual contractor— maximum $10,000.00 1- 29 -07: Requested estimate. 2- 14 -07: PO for annual maintenance in amount of $10,000.00 requested. 3- 13 -07: PO emailed to Lykins for ongoing maintenance 9- 30 -07: PO closed for end of fiscal year. 10 -10 -07: Requested estimate. 10- 20 -07: Estimate came in at $5,000.00 11- 06 -07: Request for PO in process 10- 10 -07: Received PO for $5,000 and NTP went out. (F- 25) —ON GOING- ACTIVE (POC Darryl Richard) - Pot Hole Repairs 11 -08 -06 : Fogg moved to increase funds for pot hole repair up to $40,000.00 12- 13 -06: Work Order in Progress 1 -10 -07 : Bonness NTP - $40,000 1 -23 -07 : Bonness — will be marking pot holes. 2- 05 -07: Bonness marked and in process of repairing pot holes 2- 12 -07: Bonness repaired pot- holes. Marked areas filled with asphalt. Villas turn area remains for future project. 4- 13 -07: Villas area has been completed, some minor pot -holes are forming in other areas. Bonness called to perform inspection/repair under current PO. 10- 24 -07: New Fiscal Year 07 -08 — Bonness - $ 1 1,491.61 11 -6 -07: Work Order in process. — pending signatures 11-20-07: Work Order rejected by Newman for minutes backup. 12- 10 -07: Need to have committee approve the amount for the Work Order - $11,491.61 (F -23) ON GOING- ACTIVE (POC: Darryl Richard) — Desiltationof Culverts; includes telescope inspection within Forest Lakes; MSTU Committee vote to obtain annual services from Shenandoah Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm scope of work with contractor prior to each service. 10- 11 -06: Committee approves $30,000 for annual contract with Shenandoah. 11 -7 -06: Increase to PO ($3, 155.70) 1- 25 -07: Requested for Estimate for annual maintenance not to exceed $26,800.00 3- 13 -07: NTP — sent to Shanendoah 3- 15 -07: Shenandoah contacted to de -silt Woodshire Ditch. 4- 12 -07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest Lakes for desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall and 24 inch; Pipes near Lake 13 and Lake 10. Completion by 5/12/07. 4- 27 -07: Shenandoah completed items near Lake #6 and Villas from 4 -12 -07 meeting. 5 -8 -07: All Items noted on 4 -12 -07 are completed. Ongoing maintenance as per future request. 5 -8 -07: Committee requested Darryl to work with company — not following what they requested 5- 23 -07: Darryl met with company regarding dumping in area. — issue resolved 10- 24 -07: Purchasing going to BCC for approval of new contractors for annuals. 11 -6 -07: Pending new bid tab and bcc approval. 11-14-07: Spoke with purchasing and this item will not be bid out as of yet— still working on bid process. Purchasing advised to get three quotes for now. 1,9,2008 l 6 1p 1 A 5 (F -16) —ON GOING - ACTIVE (POC: Tessie Sillery)- Exotic Removal— Woodshire Ditch -Lake Doctors Annual Maintenance Contract — Woodshire Ditch & pump station — Notice to proceed ITEM 5, 2005 - $4,770.00 — Annually 5 -15 -05 — Purchasing required Re -Bid (quote) for project - Quotes due 5 -26 -06 5 -30 -06 — Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract — pending 6 -12 -06 — PO requested waiting on Gloria 6 -27 -06 - PO issued and ongoing 4 -4 -07: New Quote received from Lake Doctors for $4,740.00 4- 13 -07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received from Aquatic Systems. Lake Doctors is the apparent low at $4,740.00 5 -7 -07: NTP — Lake Doctors - $4,740.00 9- 30 -07: PO Closed end of Fiscal Year 10- 12 -07: New Fiscal Year 07 -08 —NTP $ 5, 640.00 (F -15) ONGOING - ACTIVE (POC: 'I essie Sllery) — Mowing - Woodshire Drive -Landscape Maintenance Contract — 400 ft. x 20 ft. Sod Mowing. Quotes requested from annual contractors. 4- 17 -06; Southern Services under contract for maintenance on annual basis based on contract rates. 3- 16 -07: Southern Services Contacted to mow up to Forest Lakes Blvd. 5- 10 -07: Southern Services PO increased by $ 3, 340.00 till end of FY. 9- 30 -07: End of Fiscal year — po `s closed 10- 12 -07: New Fiscal Year 07 -08 —NTP issued (F -29) — COMPLETED (POC: Darryl Richard) -Bond Issue Finance Package 12- 11 -06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director. 12- 13 -06: Requested project information sent to Mike Smykowski for submittal to PFM (Financial Consultant). 12- 13 -06: Package sent to PFM for review. 1 -10 -7: Mike Smykowski reports that there will be a Budget Meeting on 1- 11 -07. During Budget meeting there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be recommended to finance bond issue. Alternative funding through a Bank will be reviewed. 1- 17 -07: Meeting with Chairman & staff to discuss priority project list and finance items 2- 14 -07: Bond Issue funds are anticipated to be available after April 1, 2007. Committee request to see break -down of Cost for bond issue for next meeting. 3- 14 -07: PFM will be attending the meeting 3- 23 -07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds are due to be released in June 2007. 5 -9 -07: Revised release of funds date is July 2007 as per PFM correspondence. 7 -9 -07: Kelly — PFM emailed a schedule regarding bond. 7- 18 -07: Kelly— PFM emailed anew schedule -draft debt service schedules showing coverage on the allocated millage and a revised Plan of Finance detailing the tax reform issue. 9- 10 -07: Budget Dept. — Novus Exec. Summary — regarding bonding for forest lakes : Below see exec. Summary title: 9 -11 -07 bcc meeting This item to be heard on or about 11:00 a.m. A Resolution of the Board of County Commissioners of Collier County, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,260,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway - related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; Providing for the payment of said Bonds from ad valorem taxation levied In an amount which shall not exceed four mills on all taxable property within the boundaries of the MSTU; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; Delegating certain authority to the Chair forthe award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; Authorizing the publication of a notice of sale for the Series 2007 Bonds or a summary thereof; Appointing the paying agent and registrar for said Series 2007 Bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official 1/9/2008 1611 A 5 statement with respect to the Series 2007 Bonds; Authorizing the execution and delivery of a continuing disclosure certificate with respect to the Series 2007 Bonds; Authorizing municipal bond insurance for the Series 2007 Bonds; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) 10 -1 -07: Funds were transferred into the MSTU Fund. 10 -07: FYI: Ree'de an email from Russell Edghill Consultant, Public Financial Management, Inc. 300 South Orange Ave. Suite 1170, Orlando, FL 32801 (P) 407.648.2208 and (F) 407.646.1323 edghillr@pfm. comCollier County (FL) Limited GO Bonds (Forest LakesRoadway and Drainage MSTU), Series 2007 — Closed transaction on this date: (F -30) — COMPLETED - (11OC: Tessie Sillery) — O & E Report for Woodshire Lane Project is to determine responsibility for Tree Trimming — Woodshire Lane (Includes: ROW Survey and O & E Report on ownership at corners intersection of Woodshire Lane @ Pine Ridge Road) 03- 09 -07: Met in field with George Fogg — reviewed project - questions were raised in regards to which trees need trimming. 03- 09 -07: After meeting in field — landscaping was notified of committess concerns — to trim hedge & remove palm tree for obstruction of oncoming cars. 03- 13 -07: Project to be discussed at meeting — Who owns the comer of Woodshire & Pine Ridge? 03- 22 -07: Staff requires survey indicating location of trees prior to issue of Work Order /Purchase Order to trim trees. Determination of ROW needs to be made through survey. 04- 11 -07: MSTU Committee approves not to exceed $6,000.00 for ownership and encumberance report and survey for the Woodshire Lane from Forest Lakes Blvd. to Pine Ridge Road. 5 -11 -7 : Confirmation for ownership and encumberance report cost from Executive Title in the amount of $90.00; Request for Purchase Order submitted. PO issue is pending. Quotes for survey from annual consultant is for $2,500.00 from ABB Engineering. — Thes two companies are not annuals — denied quotes 5- 23 -07: PO Request in process — waiting on a PO - $750.00 5- 30 -07: NTP - 30 days 6- 30 -07: Received All three O & E's on all three locations requested (F -35) — COMPLETED - (POC: Darryl Richard) — Survey for Woodshire lane up to Forest lakes blvd. 5- 15 -07: Requested for quote from RWA 5- 23 -07: Processing WO with Contractor 6- 20 -07: NTP — with completion date of August 17, 2007 7- 23 -07: Benchmark delays — Darryl provided RWA with platt map to better define benchmarks. 8- 17 -07: survey completed. (F -32)- COMPLE FE: (POC: Darryl Richard) — Overlay Project #1 — Bond Issue Project List SCHEDULE: Forest Lakes MSTU: Overlay Project No. One 3- 13 -07: Scope of overlay project rec'd from malcome pernie 4- 10 -07: Quotes for Overlay Project #I have been reviewed. Contractors have been requested to confirm unit cost for quote. 4- 16 -07: Final Quotes for Overlay Project # I have been received. Bonness is the apparent low quote at $189,495.79; other quotes: Quality at $197,552.50, Better Roads at $196,829.00; Committee has already approved not to exceed $310,000 for project at March 14, 2007 meeting. 4- 27 -07: Approval of Work Order pending. Work Order Issue will be for 30 day time -line. 5- 23 -07: NTP — 5 -14 -07 — Bonness 6- 13 -07: Contractor to start project on 6 -18 -07 with 2 week construction 6- 27 -07: Completed 1,9,2008 16 (1 A 5 (F -20) CoMPLt rr (POC: Darryl Richard) —Gravity Flow System: Proposal for Design Phase 9- 12 -06: Need Scope of Services from Consultant. 9- 13 -06: MSTU Committee approves `Not to exceed' for $90,000.00 for the project 9- 25 -06: Scope of Services received from WilsonMiller exceeds the $90,000.00 limit. WilsonMiller to revise scope. 10-11-06: Committee approves not to exceed $120,000 for WilsonMiller Scope of Services. 12 -6 -06: Committee notified that Notice to Proceed will not be sent to WilsonMiller until review of proposal by Staff and Malcom Pirine has been completed. 1 -17 -07 : pending Malcom Pirine to review 2 -6 -07: Upon Consultant review and staff review NTP sent to WilsonMiller for project. 3- 13 -07: Wilson Miller locating existing utilities for project 4 -5 -07: Stop Work Issued for Gravity Flow System Project. Project is under review by Malcolm Pirine, Collier County Stormwater Department (Oversight— In House), and Department of Alternative Trans. Modes. 7 -1 -07: Project cancelled as per committee request. (F- 27)— COMPLETE (POC. "fessie Sillery) - Engineer study — turn on Woodshire 12- 05 -06: Documentation sent to Traffic Operations for review of proposed installation. Meeting with Bob Tipton, Director, Traffic Operations. 1- 10 -07: Bob Tipton confirms that installation is not approved. 1- 17 -07: As per discussion with Bob Tipton, Traffic Operations will review in terms of 'SDP' for Pubis shopping center and report back to ATM Staff. I- 13 -07: Discussion with Bob Tipton regarding determination of approval for "No Left Tom" sign. 2- 22 -07: No Left Turn Sign Installed by Traffic Operations through Bob Tipton 3 -8 -07: Traffic Ops Director— reviewing PUD— The sign installed by traffic ops is only temporary till further review is done (F- 28)— COMPLETE(POC DanNI Richardi — Malcom Pirine Project Management Oversight Services— Committee approve $40,000.00 for annual services. 12- 06 -06: Committee approved the funding for Malcolm Pirine Contract 12- 19 -06: Malcolm Pirine delivers Fee Matrix for proposal 12- 20 -06: Staff request revised Scope of Services for proposal to math Fee Matrix. 12- 22 -06: Malcolm Pirine revised Fee Matrix received. 1- 08 -07: Work Order picked up by Malcolm Pirine for signature. 1- 17 -07'. Work Order in system for signatures; Norm Feder has signed; Release from Purchasing Pending 1- 19 -07: Work Order rejected by punohasing— due to Consultant not using fixed fees. I- 23 -07: New Proposal received from Consultant 1- 25 -07: Work Order Ready for Pickup by Consultant 1- 26 -07: Consultant Picked up WO. 2- 08 -07: WO went through signature approval and pending purchasing approval & PO release 2 -9 -07: Notice to Proceed for Malcolm Pirne sent (F- 17) - COMPLETE - Wilson Miller - Annual Consulting Services - WilsonMiller- Scope of Services received for $30,000.00 from WilsonMiller; Requires Committee Approval. Committee approved $30,000.00 — Work Order issued January 23, 2006. 8 -21 -06 — Ongoing 1- 17 -06: Reciept of final invoice from WilsonMiller pendiig, following final invoice PO will be closed. (F -13) — C'OMPLL I F — BOND Resolut ion & Execntlive Summary — Coordination with Scott Teach based on WilsonMiller cost estimate. 6- 12 -06: Scott teach met with Smykowsky & will be working with Finance Board. 6- 27 -06: Meeting scheduled for 6 -28 -06 7- I8 -06: BCC to approve on 7 -25 -06 —Resolution to put on election ballot for bond issue 8 -7 -06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006 -As per Jennifer Edwards Spvr of Elections 8- 21 -06: Tessie Uploaded new resolution superseding 2006 -201 — consent agenda —bcc 9 -12 -06 9- 12 -06: BCC Approved Bond Resolution. Approval by voters on Nowmber 7, 2006 required. I1 -08 -06: Confirmation from Scott Teach that Bond Issue has been approved by Voters (F -24) — COMPLETED - Two Staff Gauges 11- 08 -06: Fogg moved to install the staff gauges. 12- 04 -06: Issue of Purchase Order pending for Work Order 12- 13 -06: NTP— Work Order 41,200.00 (90 days) 2- 14 -07: Committee consensus is to cancel this contract. Staff concurs with recommendation, PO will be cancelled. (F -17) - COMPLETE: - Water Flow Data Loggers (and related request for verification of water levels throughout the Forest Lakes Community) 1/9/2008 161P1 A 5 7- 22 -03: Purchase Order for $6,000.00 Project Cost ($2,000.00 installation and $4,000.00 material) issued to WilsonMiller for installation of water -level recorders. 3 -3 -06: Gordon River Outflow Meeting with: Claretce Tears, SFWMD; Eugene Calvert, Director Stormwater Dept.;Jerry Kurtz, Stormwater Dept.; Darryl Richard, MSTU Project Manager; and Craig Pajer, Consultant, WilsonMiller. Clarence Tears states in meeting (hat if the Forest Lakes MSTU can provide data that the lowering of the Gordon River Outflow Weir Structure (to allow for better flow of water from MSTU) is justifiable that the SFWMD would consider such a proposal to lower the outflow level at the weir structure. 3 -6 -06: Request sent to WilsonMiller (Criag Pajer) to verify the operational status of the water level recorders. 3- 30 -06: Request sent to WilsonMiller for verificationrelated to the warranty of the recorders and location and operation of the recorders. 5- 11 -06: Staff Project Manager Darryl Richard request all data related to the installed recorders andstatus of the recorders and data obtained. 6 -2 -06: WilsonMiller Project Manager Craig Paler delivers electronic files containing data recorded. A report indicating the significance of the data was not provided by WilsonMiller. There has notbeen any document produced by consultant analyzing and/or summarizing the data collected. 8 -9 -06: Committee Voted to authorize $15,000.00 for the purchase of new (water level) flow meters for Forest Lakes MSTU. 8- 21 -06: Staff research online indicates that there are a variety of products available and consultation with Stormwater Department indicates that there are products which SFWMD prefers for use in this application. 8- 29 -06: Stormwater Project Manager Jerry Kurtz meets with MSTU ProjectManager to review the proposal, Jerry recommends contact with Tim Howard of SFWMD to determine which product best suits the needs of Forest Lakes MSTU. 9 -1 -06: Phone consult with Tim Howard indicates that the method for obtaining `verifiable' data which is `defensible' is utilizing a product that both records the data and automatically sends it for processing. Estimated cost of product and installation of such a system is $40,000.00. Vendors were reviewed for type of productoffered: Campbell Scientific; Hydro lab Products; and YSI Products. Engineering Consultation was recommended from County Stormwater Dept. and from SFWMD for installation and continuous monitor of system and data collected. The possibility of tie into the existing SFWMD data base collection systemwas mentioned (F -19) - COMPLETE- Asphalt Repair (3 mobilizations) Pot hole repair and other ($25,000) 8- I8 -06- Bonnes to pick up WO 8 -21 -06 - waiting on homes signature 8- 22 -06: Bonness signed WO; issue of PO pending. 8- 31 -06: PO sent to Bonness; 9- 19 -06: Bonnes confirms that repair areas are marked and new are approved by Project Manager. 10- I8 -06: Bonness crews are onsite making repairs to pot -holes (10 mobilization). On Monday 10/23/06 Bonness will re- mobilize for additional repairs. 10- 31 -06: Bonness Paver repairs completed. (F -22) COMPLETE- Obtaining Additional Scope of Services for Annual Consultant; at the request of Committee Chairman and ATM Department Director Liwon Staff is obtaining alternate Scope of Services from Collier County Annual Vendor List and other private sector Engineering Firms. 10 -5 -06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract. 11 -7 -06: List of Finns submitting quote recorded. Staff recommends Special Meeting for review of proposals. (F -24) COMPLI': IE - MSTU Committee directs staff to meet with SFWMD concerting the installation of water level recorders. Meeting is to have Dept. Director Pane Flagg, Project Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir. Stortnwater Dept, and one representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones). 10- 12 -06: Committee directs staff to set up meeting and obtain services from Mancan for minutes. 10 -25 -06: SFWMD recommends installation of staff gauges, WilsonMiller to providequote for installations; In reversal of previous recommendation - installation of electronic recording devices is not recommended and determined to be un- necessary. (F -21b)- COMPI F.TE Shenandoah Construction - Quail Forest Blvd. Desilting (includes surrounding areas within Forest Lakes MSTU) 9- 13 -06: Forest Lakes MSTU Committee approved projectfor Shenandoah Construction based on Annual Contract rates. 10- 10 -06: Shenandoah Construction submits quote based on $15,000.00 amount with invoicing to be as per completion of each section based on contract rates. Project is complete invoicing is pending. Shendoah invoiced for $13,718.25 (F -21 a) - COMI'L I E - Shenandoah Construction - Woodshire Ditch. Desilting Project 8 -9 -06 - Committee voted on an up to $15,000 to get clearing and restoring the drainage swale at woodshire ditch (east to west portion. 8 -21 -06 - Pending Quote from Shenandoah - annual 8- 31 -06: PO sent to Shenandoah for project. 9- 12 -06: Project 90% complete 9- 15 -06: Project 100% complete. (F -14) CANCELLED- Woodshire Lane - Re- grading/Cutting of ROW Edge & Sod Installation 8 -9 -06 - Committee approved up to limit- pending Quotes coming in. 8 -21 -06 - WO 9 assigned and to be picked up by Bonness (4, 962.64) 9 -1 -06: WO returned from Bonness and forwarded to Gloria Herrera for review /Sharon then to Norm Feder 9- 12 -06: Need approval for $4,962.64 for project. /9/2008 161: A 5 9- 13 -06: Committee selected not to approve necessary funding for project. (F -12) COMPLE I7? — Committee member Roger Sommerville rel. to Swale # 15 and nearby Lake; Liason Staff Project Manager and Consultant to review project to determine any outstanding items and also the level of the Lake in relation to the swale level. 8- 31 -06: WilsonMiller Craig Pact reports site inspected and no problems or punch list items. Victor (Engineering Tech) performed inspection. 9 -7 -06: Staff Project Manager meeting with Craig Pajer confirms WilsonMiller inspection finding no outstanding punch -list items. (F-11) - COMPLPSE -Mail out for Bond Issue Referendum 8 -9 -06: George Fogg moved to fund a mailing to registered voers in order to explain the ballot, this will be done by staff. 8 -21 -06 : Staff will coordinate with Committee Chairman Bob Jones for content of mail -out. Man Can will provide the assistance for mailing. 9- 13 -06: MSTU Committee 9- 12 -06: County Attorney Scott Teach and Committee Chairman sign off on mailing. 9- 19 -06: Mancan services sent out mailing. (F -10) -COMPLETEE -Pump System Repair — Emergency repair of Forest Lakes Pump System on 7/28/06. 7- 28.06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for $600.00. 8- 02 -06: Purchase Order issued to FIS for repair cost Invoicing is to Forest Lakes MSTU. 8- 10 -06: FIS invoice for $800.00 exceeds quote. Staff request FIS to re- invoice for correct amount. (F -9) - COMPI.ETI -Lake # 6— Villas Drainage Improvement- Craig Pager —County Attorneys —To determine if the project scope is within the authorization of the MSTU Ordinance. 8- 23 -06: RLS sent to Scott Teach for determination of weather the scope of proposed project is authorized by Forest Lakes MSTU Ordinance. 9 -1 -06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is authorized by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU Ordinance as it is not `roadway related drainage'. (F -8) COMPLE TI) - Roadway Signage and Pavement Marking Study — Installation of Signs - COMPLETED — Committee approved for signagecommittee chairman has requested that consultant review and revise the quantity of signs. 4- 17 -06; PO issued to Lykins for $12,045.00; Lykins begins work on 4- 17 -06. 5 -15 -06 — NTP given — project under construction — estimated to be done 5 -20 -06 5- 24- 06- Project Complete -need to have final walk - through. 7 -18 -06 — FINAL INSPECTION — PROJECT COMPLETE (F -7) COMPI.L I F - . Painting of Markings - Quotes requested from new Collier County Annual Contractor Tmtwin (Fort Myers Location). 5- 30 -06; Quote from Tmtwin based on annual contract for traffic markings pending 6- 12 -06: Tmtwini requested new drawings with textthat is legable from Wilson Miller - no drawings reced. 6 -27 -06 : Submitted PO request on 6 -27 -06 7 -12 -06 Project completed (F -6) -COM PI F I I:- New Committee member selected Mr. Fogg —BCC Approved on 9 /13/05 Complete; BCC Approved Fogg, (F -5) COMPI.FIE — S W ALE # 15 — Kyle Construction 100% complete— need consultant report on final inspection. 4- 17 -06; Need WilsonMiller notificaion of Final Inspeciton. 6/12/06 - Project complete— waiting on WM to submit letter of final completion. 627 -06 - Project complete— waiting on WM to submit letter of final completion. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete (F- 4)— COMPLETE -Swale # 7 & 10 Regrade; WM has completed design. WM completing Bidding with Annuals. 4- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP — 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation 6- 12 -06, Construction Reports from Wilson, Miller — Pending (50% completed) 6-27-06: Waiting on report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete IF 3) —COMPi FTE - Swale # 2 Regrade;m WM has completed design WM completing Bidding with Annuals. 4 -17 -06; Work Order for Higgins pending 5- 15 -06, NTP— 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation. 6 -12 -06 Completed — need report from Wilson Miller 6 -27 -06 Completed — need report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 1/9/2008 8 -7 -06: Final Completion Document Executed 1611 A � (F -2) — COMPI,Pai! — Woodshire Lane Overlay Project -1" Overlay of Woodshire Lane. Committee Approved $48,000.00 for this project. 5- 15 -06— Work Order— picked up by Contractor— waiting for signature. — Contractor schedule —Mid June to begin. ` 5 -30 -06 ; Construction to begin on 5 -31 -06 field meeting to held. 6 -27 -06: Completed — and final inspection requested. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Final Completion Document Executed. (F -1) COMPL[A k —Pump Generator- 8-9-06 - Committee voted to renta generator if its needed in an emergency Z Q 3 -q pj O rt (D !D rt 1 p r o x- m m C �3 r to N � r? C m 0 O) to A Z O` m W W W W O 3 ET Q 0 n zl r �r �O O 0m 000 n O O O M N 2 '� ' O d < o < < (1 n o n a a m m= n m °1 0+ ` n. 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C 1611 5 PROJECT: Forest Lakes MSTU Golf Course Easements PARCEL: Quail Run Easements FOLIO NO.: 00261400009 DRAINAGE, ACCESS AND MAINTENANCE EASEMENT THIS EASEMENT, made and entered into this day of , 20_, by QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation, whose mailing address is 1 Forest Lakes Boulevard, Naples, Florida 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a perpetual, non - exclusive drainage, access and maintenance easement over, 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 constructing, operating, and maintaining drainage structures and facilities, including but not limited to ponds, canals, ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures within the easement area. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor shall be responsible for landscape maintenance of all easement areas granted herein, but shall not make any modifications within the easement that could affect the drainage system. Grantee shall provide Grantor at least thirty (30) days written notice prior to conducting work within the easement granted herein. Grantee shall make every effort to conduct work within the easement between April and October, with the exception of emergency repairs. Any non - emergency work conducted within the easement between November and March shall be authorized by Grantor or Grantor's designee. Any work within easement areas shall be scheduled and implemented such that Grantor's golf course shall remain in continuous operation during the entire work period, unless such work is authorized by Grantor or Grantor's designee. 1611 A 5 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) STATE OF _ COUNTY OF QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation BY: (Signature) President (Print Name/Title) The foregoing Drainage, Access and Maintenance Easement was acknowledged before me this day of 1 20_, by on behalf of Quail Run Golf Club, Inc., who: identity. is personally known to me OR produced (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and Legal sufficiency: Assistant County Attorney Last Revised: 12/17/07 proof of 16i A 5 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners ■ Landscape Architects MARK W. MINOR P.E. D. WAYNE ARNOLD, A.I.C.P. JOSHUA R. EVANS, P.E. STEPHEN V. BURGESS, P.S.M. MICHAEL T. HERRERA, P.E. JUAN A. ARAQUE, P.S.M. DAVID W. SCHMITT, P.E. KEITH A. STEP EiNSON, PAM. MICHAEL J. DELATE, P.E. HEIDI K WILUM S, A.I.C.P. ELIZABETH A. FOUNTAIN, P.E. KENNETH W. PAHUTSKI PAMELA M. HYYTI December 10, 2007 January 8, 2008 Revised Mr. Darryl T. Richard Division of Transportation 2885 South Horseshoe Drive Naples, Florida 34104 RE: Forest Lakes Golf Course, Lake Bulkheads Dear Mr. Richard: Q. Grady Minor & Associates, P.A. is pleased to provide this Proposal to provide surveying and engineering services for the proposed Forest Lakes Golf Course Lake Bulkhead project. It is proposed to construct bulkheads in two existing golf course lakes to allow a portion of each to be used for Reuse Water Storage. Malcolm Pirnie (Forest Lakes Engineer) is to determine the required storage volume and preliminary location of the proposed storage areas. Based upon this preliminary design, we will provide a limited engineering survey of the affected lake area to confirm the required areas and potential storage volumes. Upon your approval of the bulkhead locations, we will prepare engineering designs of the proposed bulkheads. We anticipate the bulkheads being constructed of wood similar to the existing bulkheads. A sheetpile barrier driven into the lake bottom is anticipated to act as a cut -off between the storage area and the remainder of the lake. We propose the following Scope of Services: Task No. 1 — Proiect Kickoff — Meet with Collier County, Malcolm Pimie and representatives of the Homeowners Association/Golf Course at the sites and discuss proposed bulkhead design. Task No. 2 — Survevine — Provide topographic survey of the affected portion of the lakes. We will locate lake banks, bulkheads, encroachment and available property comers. We will obtain surface elevations and lake bottom elevations. We have not included the completion of a legal survey with location of property comers, etc. We will provide horizontal and vertical control at each site to allow future stakeout by others. We will utilize Owner- provided benchmark at control structures or others to establish vertical control. We have not included a benchmn to the site. (239) 947 -1144 ■ FAX (239) 947 -0375 ■ Web Site: w .gradyminorxom 3800 Via Del Rey ■ Bonita Springs, Florida 34134 -7569 G:UMO- PIPROPOSAUDWSU-8- 07RidE#6 BW151 ■ LB 0005151 ■ LC 26000266 1611A 5 Task No. 3 — Subsurface Investigation — Through the use of a subconsultant, we will have a subsurface investigation completed at each site to determine the presence of any rock layers. We anticipate two borings at each of the two lake locations. These borings will be from the land and will not include any borings in the water areas. Task No. 4 — Bulkhead Design — Based upon the selected bulkhead locations and selected bulkhead design (Task No. 1), we will prepare an engineering design of the proposed bulkhead. We will provide specifications in the Plan sheets. Task No. 5 — Kidding and Construction Administration Service — We will assist Malcolm Pimie in bidding of the project in regards to the bulkhead design. We will review shop drawings and contractor submittals and provide periodic inspection of the work. Task No. 6 — Contingencies — We will assist Collier County and Malcolm Pimie in additional services as may be required and identified. We will prepare a Scope of Services and budget for these items and upon written authorization, we will complete the services. We propose the following budget for completion of these Tasks. TASK DESCRIPTION FEE TYPE 1. Project Kickoff $1,000.00 Fixed 2. Surve in $7,000.00 Time and Material 3. Subsurface Investigation $3,700.00 Time and Material 4. Bulkhead Design $8,000.00 Fixed 5. Bidding and Construction Administration $5,000.00 Time and Material 6. Contingencies $5,000.00 Time and Material Reimbursables $ 500.00 TOTAL $30,200.00 This Proposal only includes those items specifically identified above and does not include any Reuse or other FDEP permitting, SFWMD permitting, utility relocation or extension, environmental permitting, landscape architectural, architectural design, electrical or mechanical design. This Proposal is subject to the Standard Provisions of the Collier County Fixed Term Engineering Services Contract (Contract #06 -3969) hourly rate schedule. Invoices will be issued monthly, payable per the applicable Collier County Purchasing Policy. Any government imposed sales taxes or fees shall be added to our fees for services under this Proposal. G:VOB \O -P \PROPOSAL \D WS \I- 8- Michwd.dw Services related to asbestos, hazardous or toxic materials are excluded. Client shall provide a site that complies with applicable laws and regulations. This Proposal is void if no Task Authorization or Purchase Order is issued within 90 days of this date. VIP ours' David W. Schmitt P.E. DWS:smc Enclosures cc: Chris Tilman, Malcolm Pirnie G: V OB \O- P\PROPOSAL\D W S\ I - 8 -07Richud Am 1611 $' S Principal $175.00 Project Manager $135.00 Senior Engineer $120.00 Project Engineer $115.0.0 Engineer Intern -$ 80.00 Inspector $ 80.00 Designer $ 85.00 Surveyor (PLS & PSM) $115.00 CADD Technician $ 70.00 Administrative Assistant $ 50.00 This list is not intended to be all inclusive; Hourly rate fees for other categories Qf' professiorial, support and other services shall be,mutuallynegotiated by the County and firm on a project by project. basis as needed. . • � B -1 ,. Q. GRADY MINOR" & ASSOCI U. �` 5 Civil Engineers r Land Surveyors ■ Planners ■ Landscape Architects MARK W. MINOR P.B. NORMAN? 1iiBBBO00X A.LCP, P.E. C DBAN SMITH. P.E. DAVID W. SC1*d=. F.E. MR3iAMJ. DBLATI; F.E. baCKABLT. HBRRW-k P.E. GARYI. GASPHE NL P.H. WHSGN A. GARQA, P.E. FIXED TERM ENGINEERING (06 -3969) SUPPLEMENTAL RATE SCHEDULE SURVEYING Professional Senior Registered Surveyor Survey Crew — 2 Person (Includes Crew Chief) Survey Crew — 3 Person (Includes Crew Chief) Survey Crew — 4 Person (Includes Crew Chief) GPS Survey Crew —1 Person GPS Survey Crew — 2 Person (Includes Crew Chief) Survey Project Manager Senior Survey Tech Survey CADD Tech Credentials Rats PSm/PLS $115/hr $105/hr (239) 947 -1144 a FAX (239) 947-0375 ■ Web Site: www4p 3800 Via Del Rey ■ Bonita Springs, Florida 3413 EB 0005151 r 1.B 0005151 ■ LC 2WW266 $125/hr $135/hr $125/hr $160/hr $115/hr $110/hr $70/hr D. WAVNE ARNOLD, AI.( SrM= V. BURGH PS JUAN A ARAQUE, PS KMM A S11WHBNM PS Ia90IBTH W. PAMM ALAN V. RQM" 181qRBY S. CUR. A9Lk R rvvwrue, t January 2,2 He: rpresc cake= Dear Mr. Richard Malcolm Pirnle i! Modes (Departir Forest lakes M! MNCOIm PMds Ine, for Field Inspections and Construction Services for the The services' will vary depending on the nature and include the following: ■ Providing the Department and the MSTU Committee with experienced engineering consultants that will provide technical assistance and engineering resources. 0 Conducting field work and other investigations necessary to develop proper work scopes for contractors and /or engineering firms for the bond issue projects (currently 17 listed projects).: Malcolm Pirnie will also assist the County in contractor selection and bid or proposal evaluations, as well as contractor and consultant submittals, periodic pay requests, and other documents as necessary and making recommendations to the Department. 4 Coordinating with SFWMD and other agencies and preparing necessary permit applications for i the. bond issue projects. IN Conducting field oversight and providing field direction for contractors during each of the bond issue projects. SCHEDULE Malcolm Pirnie anticipates providing the professional services outlined above for a period of up to eight (8) months after Notice to Proceed', budget permitting. 1611 tl 5 COMPENSATION Malcolm Pirnie will provide this scope of services under the terms and conditions of Contract 05- 3657 Agreement for Project Management and Oversight Services for a lump sum fee of $155,000. Malcolm Pirnie appreciates this opportunity to provide this requested scope of services, and will enjoy working with the Department on these important projects. If you have any questions regarding this scope or need any additional information, please feel free to contact Christopher Tilman, P.E. or me at (239) 332-1300. Sincerely, MALCOLM PIRNIE, INC. Robert H. French, P.E. Senior Associate 161 5 o e T 'c � 6 q F a F d R � F qq d y m t� O W 7 UU 9 fi n Jug „ � 3 0 u. 161 5 ,Jyrie ,oletta FST Itt) ti)4t i1 6Nl) 1)Ir il'N \(A NLIS K F S ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS February 13, 2008 III. Approval of Agenda MAR 18 2000 Boas m county Commissioners I, George Fogg moved to approve the agenda. Second by Harold Bergdoll. Motion carried unanimously 5-0. IV. Approval of Minutes — January 9, 2008 Change: Pg. 2 - paragraph 2 William Seabury moved to amend the Motion to include "cost of mailings" not to exceed $500.00. Second by George Fogg. Motion carried unanimously 5-0. William Seabury moved to approve the Minutes as amended. Second by Virginia Donovan. Motion carried unanimously 5-0. V. B. Project Manager Report — Darryl Richard Legal Description and sketch for Board resolution — It was reported that the Legal Description for all Non - Golf Course "Areas" has been received. It was recommended to implement a Prescriptive Easement for the "Areas" that would go to Board Resolution for approval as County ROW and to be maintained by Forest Lakes MSTU The request was made for approval of $20,000.00 to RWA for Research and the development of the Board Resolution. Bob Jones moved to approve a not to exceed amount of $20,000.00 (to RWA) for Research to address Easements. Second by William Seabury. Motion carried unanimously 5 -0. Bond Issue Projects (F -37) - distributed & reviewed Master Project List. (See attached) ➢ Phase I - Project 2, 3, 4 are underway unsc. Cure& i. Project 2 - The request was made to approve a Bid Award to Better Roads in the amount of $114,353.00 for the Overpo of Quail Forest Blvd. from the Main entrance to Souther%m # ,r 1611 All 5 end to include drainage restoration, re -sod, and correcting the control structures. George Fogg moved to allocate $115,000.00 for Quail Forest Blvd. overlay. Second by William Seabury. Motion carried unanimously 5 -0. ii. Project 3 — Status, Finalizing Scope to move forward to Contractor bid. The request was made to allocate Funds for Projects 3a, 3b, 3c (Regrade Swales) George Fogg moved to allocate $200,000.00 for (3)a, $200,000.00 for 3b, and $300,000.00 for 3c. Second by Harold Bergdoll. Motion carried unanimously 5-0. 1611 °. FOREST ROa@ ►i`;41 , \ '\II DRkl\\(A \1.14. IA. e ,`k K E S ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 13, 2008 Minutes Meeting was called to order at 10:00 a.m. by Robert Jones. Quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones, Virginia Donovan County: Tessie Sillery — Operations Coordinator, Darryl Richard — Project Manager, Caroline Soto — Budget Analyst, Diane Flagg — Director Alternative Transportation Other: Chris Tilman — Malcolm Pirnie, Darlene Lafferty — Mancan III. Approval of Agenda George Fogg moved to approve the agenda. Second by Harold Bergdoll. Motion carried unanimously 5-0. IV. Approval of Minutes — January 9, 2008 Change: Pg. 2 - paragraph 2 William Seabury moved to amend the Motion to include "cost of mailings" not to exceed $500.00. Second by George Fogg. Motion carried unanimously 5-0. William Seabury moved to approve the Minutes as amended. Second by Virginia Donovan. Motion carried unanimously 5-0. V. Transportation Services A. Budget — Caroline Soto distributed and reviewed the Budget Report. (See attached) • Available Operating Expense $42,179.07 • Improvements General $3,542,100.00 • Pending items not included in the Budget i. Q. Grady Minor $30,000 ii. Bonness $300,000.00 for overlay iii. Mailing not to exceed $500.00 B. Project Manager Report — Darryl Richard I Chris Tilman - Malcome Pirnie — reviewed Forest Lakes Project Status 1611 A 5 Legal Description and sketch for Board resolution — it was reported that the Legal Description for all Non - Golf Course "Areas" has been received. The following was reviewed i. "Areas" were defined as Roadways and Drainage Structures located on private property ii. It was recommended to implement a Prescriptive Easement for the "Areas" that would go to Board Resolution for approval as County ROW and to be maintained by Forest Lakes MSTU iii. The language in the Resolution should be contingent upon if the MSTU would be dissolved the "Areas" would revert back to private ownership iv. Forest Lakes Road Maintenance is funded by the MSTU which fulfills Code Requirements and allow the MSTU to claim the "Areas" as County ROW v. Easements are required to access the "Areas" Legally The request was made for approval of $20,000.00 to RWA for Research and the development of the Board Resolution. Discussions ensued and it was clarified that the MSTU is not seeking transfer of ownership for the "Areas ", only requesting approval from the Board of County Commissioners for the dedication of the ROW. Bob Jones moved to approve a not to exceed amount of $20,000.00 (to RWA) for Research to address Easements. Second by William Seabury. Motion carried unanimously 5 -0. Forest Lakes Golf Course, Lake Bulkheads; Bond Issue Project "3d" Construct Engineered Partitions in Lakes 8 and 10 (F -38) — It was stated that Malcome Pirnie is moving forward with Permitting Striping & Reflectors (F -36) —The Contractor reported the Project is complete. A deficiency in the painting of Stop bars and Line Striping thickness was acknowledged by the Contractor. Status — under review. George Fogg reported gaps in the Reflectors. Robert Jones questioned where it was stated that striping is required. Chris Tilman responded in the Manual for Uniform Traffic Devices and the striping must be in compliance with FDOT Standards for residential streets. Robert Jones requested a copy (Manual for Uniform Traffic) for Community review. Bond Issue Projects (F -37) - distributed & reviewed Master Project List. (See attached) ➢ Phase I - Project 2, 3, 4 are underway i. Project 2 - The request was made to approve a Bid Award to Better Roads in the amount of $114,353.00 for the Overlay of Quail Forest Blvd. from the Main entrance to Southern 2 1611 end to include drainage restoration, re -sod, and correcting the control structures. It was noted that the bid was an 84% reduction in cost than originally projected. George Fogg moved to allocate $115,000.00 for Quail Forest Blvd. overlay. Second by William Seabury. Motion carried unanimously 5 -0. Discussion ensued regarding the removal and possible relocation of Oak Trees located on Quail Forest Blvd. It was determined that the condition of the Trees required evaluation. George Fogg was appointed as Working Group Leader for assessment of the Trees. ii. Project 3 — Status, Finalizing Scope to move forward to Contractor bid. The request was made to allocate Funds for Projects 3a, 3b, 3c (Regrade Swales) George Fogg moved to allocate $200,000.00 for (3)a, $200,000.00 for 3b, and $300,000.00 for 3c. Second by Harold Bergdoll. Discussions ensued and it was clarified that the structure used for the Lake Partitioning will be a double sided seawall that is inset into the soil to prevent the passage of water. Motion carried unanimously 5 -0. iii. Project 4 — Reported that level shots of the Roadways have been taken. The method of drainage for the system has been established by implementing the following in the "Park area" • Contour a low point • Deepen and enlarge an existing semi circular Swale • Utilize an existing control structure under the Road which discharges into the Golf Course Swale • Determine the model for pedestrian crossings Virginia Donovan noted the DI's in her area were installed incorrectly and overflows. She questioned if the problem would be corrected. Chris Tilman reported an inconsistency in the size of the lines that were installed. He noted the 8 inch (smaller) line used for outflow to the Golf Course is covered which floods the system and stops the flow. To correct the drainage problem along the Roadway he must first identify any cross connections to ensure the flow paths are clear, elevate the Road during the re- pavement, and redirect the water to the Golf Course. 1611 A'5 ➢ Phase II - Project 1b, 1c, 6 Malcome Pirnie Scope of services was distributed and reviewed. (See attached) i. Project 1 b — Restore Drainage and repaving in Cul -de -sacs and Single Family Areas — will require discussions with Homeowners ii. Project 1 c — Overlay Cul -de -sacs and Forest Lakes Blvd. from Gardenia Lane to Main entrance 11:32 Harold Bergdoll left iii. Project 6 — Woodshire Lane improvements — Preliminary list • Extension of Miami drains at Forest Lakes Blvd. entrance - Purpose is to direct water to the drop structures • Removal of rip rap at the Southern end ➢ Phase III - Project 7 Proposed Golf Course Lakes Shoreline Restoration and Stabilization the following steps were reviewed • Lakes will be prioritized based on severity of erosion • Determine the best stabilization method • Draw detail for Contractor Discussions ensued and it was questioned if critical elements of Project 7 could be incorporated into the Bond Issue. It was determined that Project 7 could be Funded by the Bond Issue. The Forest Lakes MSTU Golf Course Easement Agreement was distributed and reviewed. It was announced that the Agreement has been signed. It was stated that the Golf Course has given approximately 20 acres of Easement at no cost to the MSTU. The following language changes in the Easement Agreement were made based on Attorney comments: • Provide 30 day notice for commencement of work • Include the Contractors Scope • Aerial view of areas where work will occur • A Schedule - based on the Project list • Regular Maintenance must be approved by the Golf Course during peak season with the exception of Emergency repairs • Equipment stored must not impede play VI. Old Business A. Bond Issue Project — Sharon NewmanlTransportation Operations Manager, Mark Isackson /Budget Analyst - None VII. New Business — It was reported that Palms on Woodshire require Maintenance. VIII. Public Comments — None rd 1611 5 IX. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 12:15 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee �' L'A�t • i_tL 4_ Robert Jones, Char an These minutes approved by the Committee on C r� as presented--)—(Or amended The next meeting will be on March 12, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 BETTKU RGIMS INC. To: Malcolm Pimie, Inc. Contact: Chris Tillman Address: 4315 Metro Parkway, Suite 520 Phone: (239) 332 -1300 $770.00 Fort Myers, FL 33916 Fax: (239) 332 -1789 Project Name: Forest Lakes MSTU: Quail Forest Blvd. Bid Number: 07482 Project Location: Forest Lakes Subdivision: Quail Forest Blvd., Naples, FL Bid Date: 1/31/2008 Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Mobilization 1.00 LS $770.00 $770.00 2 Maintenance Of Traffic 1.00 LS $1,140.00 $1,140.00 3 Grading And Sodding 10,000.00 SF $0.75 $7,500.00 4 Disposal Of Material 100.00 CY $9.40 $940.00 5 Utility Adjustments 9.00 EACH $170.00 $1,530.00 6 Prep Potholes And Tie-ins 7.00 TON $100.00 $700.00 7 Asphalt Leveling Course 400.00 TON $79.45 $31,780.00 8 Tack Coat 7,000.00 SY $0.30 $2,100.00 9 Asphalt Surface Course 590.00 TON $79.45 $46,875.50 10 Density Testing 15.00 EACH $73.50 $1,102.50 11 Pavement Markings 1.00 LS $16,505.00 $16,505.00 12 Concrete Rumes 9.00 LS $315.00 $2,835.00 13 Stump Grinding 1.00 LS $575.00 $575.00 Total Price for above Items: $114,353.00 Total Bid Price: $114,353.00 ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: 2/1/2008 11:37:59 AM CONFIRMED: Better Roads Inc. Authorized Signature: Estimator- Mike Weaver (239) 597 -2181 mikew@betterroads.net rage , vi . A FEml -2008 11 :13AM FROM- 161 1 T- 8815P.001/002 F -748 BeLNNESS INC. V.w1,M a,d Siasat Ca,xr xta4 19go Sevrard Avenue Naples, ?torida 34109 (es9) 5976441 • (939) 597 -7416 ftx vMW.bonneneinC.00m Proposal 2/1/2008 Submitted To: Malcolm Plmie Inc Estimat4 Number 18162007 Bid Titles M T - Quail Forest BNd. Address: C/0 Christopher Tillman Mod. (Revised 4315 Metro Parkway, Suite 520 Project Location: Quail Forest Blvd. (Forest Lakes) Fort Myers, FL 33916 Project City, State: Naples, FL Contact Christopher Tillman (239) 332 -1300 Fax: (239) 332.1789 Engineer /Architect: pbones Unit Prke aid Mmatsd Quantlitif Unit Unit Price Total Prior Ran # Item Deseri 1.00 LS ;1,187.65 ;1,187.65 01 MobllRadlon• 1,00 L5 $1,477.50 $1,477.50 02 Maintenance Of Traffic. 10 SF ;3.44 ; ,100.00 Grading & Sodding. ,000.00 ,000.00 100.00 CY ;28.44 ;2 $2,844.00 04 Disposal Of Materials. 9.00 EACH $252.91 $2,276.19 05 Witty Adjustments (Manhole Risers). 7.00 TON $147.12 ;1,029.84 06 Prep Potholes And Tle -Ins. 400.00 TON $90.44 $36,176.00 07 Asphalt Lording Course. Asp halt Le 7,000 -00 SY $0.19 $1,330.00 0B Tack 590.00 TON $90.38 $53,324.20 09 Asphalt Surface Course. 15.00 EACH $6089 $907.35 10 Density Testing. Density sting. 1.00 Ls $17,533.87 $17,533.87 11 markings. 9.00 LS $625.19 $5,626.71 12 Concrete Flumes. 1.00 LS ;296.28 $296.28 13 Stump Grinding, Total Bid Price- $158,109.59 to Noses: • furnish to Prompt and la r acceptance within 15 s � forth above, if 15 ays have expired proposal side may still furnish matMals and labor at the Aria( ) honored call to verity. • Permits and/or fees (if necessary) by othars • Bonness Inc. is not responsible for unknown utility conflicts. • NOTE: ALL SPECS BASED ON MEETING WITH CHRISTOPHER TILLMAN ON 1/11(08 - Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment Is made by Owner nse 1 er z 2/1/2008 10:04:34 AN FEB-01 -2006 11:13AY FROY- 34ONN US INC. CONFIRMED: ACCKFMD: BonntasFne. The above prices, spccfficatlons and conditlons are sabsFactory and hereby accepted. Buyer 1990 Seward Avenue Naples. lloride 64109 1234"59,-62211* (S39) 59T -7416 ibx mmaxbonnessnc,com Signature: Date of Acceptance: Authorized Signature: estimator. Mice som T -061 P.002/002 F -746 1611+ PW'A 2/3/2009 10:04:34 M JAN /j1/LUUd /1hu Uj:7l rm duality enterprises rAA No,Lid 433 ILUL QUALITY ENTEORISES USA, INC. 3894 MANNIX DRIVE, SUITE 216 NAPLES, FL 34114 -5406 (239) 435.7200 FAX (239) 435 -7202 MALCOME PIRNIE, INC. r. UUL ~ 1611 FOREST LAKES MSTU PAVEMENT RESTORATION AND SWALE ADJUSTMENTS FOR QUAIL FOREST BLVD. PROPOSAL 01.31.08 Description QuentMloe U011A Unit Price Ift Mobilization 1 LS LS $1,200.00 $600.00 $1,200,00 $600.00 Maintenance of Traffic 1 10000 8F $2.40 $24,000.00 Gradding & Sodding Disposal of Materials 100 CY $6.00 $800.00 Utility Adjustments 9 EA TON $300.00 $360.00 $2,700.00 $2,520.00 Potholes & Tie -Ins Asphalt Leveling Course 7 400 TON $96.00 $38.400.00 Tack Coat 7000 SY TON $0.42 $96.00 $2,940.00 $56,640.00 Asphalt Surface Cause 590 13 EA $120.00 $1,800.00 Density Testing Thermo Pavement Markings 1 LS $18,083.75 $18,08175 Concrete Flumes 9 LS LS $600.00 $600.00 $5,400.00 $800.00 Stump Grinding 1 $165,483.75 TOTAL BID Submitted By. / 4 I 1">Ab) &'1E-D — Richard R. SHOW, toe Pres 01.31.08 5 . ' .... i - y R e a � n I$ 4w , M i F' ' Ob- n., , • -ty. , e .�- -.R 4�.. pR1 t' • rt � Y �� ,k�Y. ...�. • �� (I ° ^ a 4.. � , .ias ,. ■ a. .... i r or ♦� .y ■ aVI� ', �. a !..w Ir k u v v M' Y w e e e l• y� ' 4� iv � 1 7 . f �, Al' 161.1 5 PROJECT: Forest Lakes MSTU Golf Course Easements PARCEL: Quail Run Easements FOLIO NO.: 00261400009 DRAINAGE, ACCESS AND MAINTENANCE EASEMENT THIS EASEMENT, made and entered into this day of , 20_, by QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation, whose mailing address is 1 Forest Lakes Boulevard, Naples, Florida 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a perpetual, non - exclusive drainage, access and maintenance easement over, under, upon and across the following described lands, including the lake areas generally bounded by said easement as shown in Lake Exhibits 1 -12 included in Exhibit "A ", 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 constructing, operating, and maintaining drainage structures and facilities, including but not limited to ponds, canals, ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures within the easement area. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantee shall provide Grantor at least thirty (30) days written notice prior to conducting work within the easement granted herein. Such notification shall include a work plan outlining the work scope, areas, and dates the work is scheduled to be performed. No notification shall be required for emergency repairs that are necessary to maintain proper operation of the drainage system. Grantee shall make every effort to conduct work within the easement between April and October, with the exception of emergency repairs. Any routine maintenance or other scheduled work conducted within the easement between November and March shall be authorized by Grantor or Grantor's designee. Any work within easement areas, including temporary storage of heavy equipment, shall be scheduled and implemented so not to impede the continuous operation of Grantor's golf course during the entire work period, unless such work is authorized by Grantor or Grantor's designee. Grantee shall indemnify and hold Grantor harmless for any damages, including attorneys' fees and costs, incurred by Grantor which result from damages or personal 1611 5 injury to Grantee and its employees, contractors, subcontractors, independent contractors, and agents arising from stricken golf balls. The property upon which work is to be performed is within a golf course; therefore, the physical appearance of the drainage structures and facilities affects the aesthetics of the golf course. Prior to the construction of any new drainage structures or facilities in the easement granted herein, Grantee shall obtain written approval from Grantor, through its General Manager or other appointed representative, of the aesthetic design of the proposed drainage structures or facilities. Grantor shall not require an aesthetic design that will add unreasonable costs to a particular structure or facility, and shall not unreasonably withhold approval of the aesthetic design. Grantor shall perform any follow -up work required to ensure that the work, as constructed, conforms to the approved aesthetic design. This paragraph shall not apply to routine maintenance activities. Grantor shall be responsible for landscape maintenance of all easement areas granted herein so as to properly maintain drainage flows. Grantor shall not make any modifications within the easement that could affect the drainage system without written approval from Grantee. Last Revised: 12/17/07 16 F1 A 5 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation u, I BY: Witness (Signature) (Signature) President T)AluL MC Name (Print or Type) // / / A r i WitFress (Signature) /� / e ! 4'e' �c I l') c=_ Name (Print or Type) STATE OF FInr i o, COUNTY OF Ceu; e.r (Print Name/Title) The foregoing Drainage, Access and Maintenance Easement was acknowledged before me this 0:s day of trel0r4aru 1 200$ , by R'icio,rA A. Fisher on behalf of Quail Run Golf Club, Inc., who: is personally known to me OR produced as proof of identity. (affix notarial seal) C �►i�,wwU h �-- (Signature e0tary Public) ,e° ry�•, TAMMY SOWERS My COMMISSION A DD 639808 "-ti +, EXPIRES: May 11, 2011 "'•?„p r aontledT W. PuGlk Untle,wnt,rs Approved as to form and Legal sufficiency: Assistant County Attorney Last Revised: 12/17/07 10.m MU LA.�e f (Print Namb of Notary Public) Serial / Commission # (if any):DD c,3986 8 My Commission Expires: f>-)3_s4 11 10011 16 "'1 p EXHIBIT "A" Legal Description, Sketch, and Lake Exhibits Last Revised: 12/17/07 16 N PROJECT: Forest Lakes MSTU Golf Course Easements PARCEL: Quail Run Easements FOLIO NO.: 00261400009 DRAINAGE, ACCESS AND MAINTENANCE EASEMENT THIS EASEMENT, made and entered into this day of , 20_, by QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation, whose mailing address is 1 Forest Lakes Boulevard, Naples, Florida 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a perpetual, non - exclusive drainage, access and maintenance easement over, under, upon and across the following described lands, including the lake areas generally bounded by said easement as shown in Lake Exhibits 1 -12 included in Exhibit "A ", 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 constructing, operating, and maintaining drainage structures and facilities, including but not limited to ponds, canals, ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures within the easement area. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantee shall provide Grantor at least thirty (30) days written notice prior to conducting work within the easement granted herein. Such notification shall include a work plan outlining the work scope, areas, and dates the work is scheduled to be performed. No notification shall be required for emergency repairs that are necessary to maintain proper operation of the drainage system. Grantee shall make every effort to conduct work within the easement between April and October, with the exception of emergency repairs. Any routine maintenance or other scheduled work conducted within the easement between November and March shall be authorized by Grantor or Grantor's designee. Any work within easement areas, including temporary storage of heavy equipment, shall be scheduled and implemented so not to impede the continuous operation of Grantor's golf course during the entire work period, unless such work is authorized by Grantor or Grantor's designee. Grantee shall indemnify and hold Grantor harmless for any damages, including attorneys' fees and costs, incurred by Grantor which result from damages or personal injury to Grantee and its employees, contractors, subcontractors, independent contractors, and agents arising from stricken golf balls. The property upon which work is to be performed is within a golf course; therefore, the physical appearance of the drainage structures and facilities affects the aesthetics of the golf course. Prior to the construction of any new drainage structures or facilities in the easement granted herein, Grantee shall obtain written approval from Grantor, through its General Manager or other appointed representative, of the aesthetic design of the proposed drainage structures or facilities. Grantor shall not require an aesthetic design that will add unreasonable costs to a particular structure or facility, and shall not unreasonably withhold approval of the aesthetic design. Grantor shall perform any follow -up work required to ensure that the work, as constructed, conforms to the approved aesthetic design. This paragraph shall not apply to routine maintenance activities. Grantor shall be responsible for landscape maintenance of all easement areas granted herein so as to properly maintain drainage flows. Grantor shall not make any modifications within the easement that could affect the drainage system without written approval from Grantee. Last Revised: 12/17/07 1611 A 5 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. QUAIL RUN GOLF CLUB, INC., a Florida Non Profit Corporation I BY: Witness (Signature) (Signature) President Name (Print or Type) 7 /1 WitFress (S/ignatuure) Name (Print or Type) STATE OF Flory COUNTY OF C'elj; e c I'�(C � Py#'c/ 14 . r( (Print Name/Title) The foregoing Drainage, Access and Maintenance Easement was acknowledged before me this 0:S day of Vebrkacq 1 200$ , by Rtclioy-A A • F;sher on behalf of Quail Run Golf Club, Inc., who: identity. is personally known to me OR produced proof of (affix notarial seal) 4L L � ---- -- (Signature tary Public) i TAMMY SOWERS ;r MY COMMISSION # DO 639806 •• EXPIRES: May 11, 2011 'lf pfg `z Banded ThN Notary POW Unu nt.. Approved as to form and Legal sufficiency: Assistant County Attorney Last Revised: 12/17/07 1 c0.m m u �]olJ2f S (Print Namb of Notary Public) Serial / Commission # (if any):ID G,3986 $ My Commission Expires: Cr)Q..H 11 10011 1611' 5 EXHIBIT "A" Legal Description, Sketch, and Lake Exhibits Last Revised: 12/17/07 z O 1611 C d V 0 rNt GI M 1 -n m ,a 1 Q N � - n 0. N rt o r 0 O7 y rt 0 Z a n o a n Q a V m B f m O n r A O O O m 000 ;a n O O G 00 ,O '� C d < 0 G N N m< < m O O N m O n a n 'a a0 m 2 a m �n in ins O c o f 0 0 0 o ca c a m m Z r m Z z z m o a m m a S o 0 o p OO < a N S O m ¢ C O m d rG G N O m J j N y < a n N m a .. n o N s y F m? S N F m a O - 5 0 �a 0 a m � m _ 0 N- O O_ v 0 H O m = a s O J m i o vi m < m n d v m ¢ p 0 T< d O J m 0 O x �p > O m O O N O � O � > O a ¢ - N m `° r v 0 o o m a 0 pri < ,op o o F m m x d m co 'O J N tU O j a r O d J• x m v 0 3 3 voi O m p m O d d J m O n m d m S co U a O a � J J 0 p � m N N 0 O N O 0 O O O O N N m O Co W W co W O co 00 m n 0 m A z 0 ZA c v m 0 0 'D ut '9 c v x1 z1 A 'L n N 00 w w m m 0 m m m m 0 o Z v a m a < < -a m O O n m n n n z W N n O O O n N n 0 m < m m O 0 m n - O D o D n to W iv d �+ W 0 NOJ co �O In O O O V O O m w w O O O O O O O O ¢ 0 O 0 O O O p O p n 0 0 0 o 0 n A V 0 � O O n O O 0 O N_ N O m m m z 0 � � o *no O m n z v ¢ ma r v q 3 0 3 3 _ 3 O o ° a0nn a Q O 3 —o 3 3 o ^ m o 0 0 0 a. Q n n l O l ¢ o 0 0 C o O C 0 C 0 E W a J O o a ry < 0 ,� SL -0 o d O O j m O A O A O 0 m ? n n m m O N 7 O 0 p O N O A W ^ !¢ 0 ° p . m 0- n m m m � w o n ¢ 0 m n C 0 c 0 G 0 O F o' m n T ler c n M N N o - In J J J N 0 �o m m O ¢ d n 0O O 7 C d V 0 rNt GI M 1 -n m ,a 1 Q N � - n 0. N rt o r 0 O7 y rt February 12, 2008 Mr. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Projects - Phase 2 (Project Nos. 1b, 1c, and 6) Dear Mr. Richard: Malcolm Pirnie is pleased to provide the Collier County Department of Alternative Transportation Modes (Department) this scope of work for Field Inspections and Construction Services for the Forest Lakes MSTU Bond Issue Projects - Phase 2. The services include the following: SCOPE OF SERVICES Project lb - Restore Drainage in Cul- de-sacs and Single Family Areas Conduct field level surveys to verify drainage grades and patterns throughout each of the 22 cul- de-sacs and within the single family areas as shown as "Project 1" on the attached drawing G2. A Prepare proper work scopes for swale maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Attend up to twenty five (25) meetings with County staff, the MSTU committee, cul-de -sac residents, and other interested parties to discuss project issues, (i.e. use of drainage easements, maintenance of traffic, etc.). Provide full-time contractor oversight and field direction during the course of the construction work. Malcolm Pirnia, Inc. 1 6 ii ,� 5 4315 Metro Parkway Suite 520 Fort Myers, 33916 Fort T. 239.332.1313 00 F: 239.332.1789 www.pirnie.com Mr. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Projects - Phase 2 (Project Nos. 1b, 1c, and 6) Dear Mr. Richard: Malcolm Pirnie is pleased to provide the Collier County Department of Alternative Transportation Modes (Department) this scope of work for Field Inspections and Construction Services for the Forest Lakes MSTU Bond Issue Projects - Phase 2. The services include the following: SCOPE OF SERVICES Project lb - Restore Drainage in Cul- de-sacs and Single Family Areas Conduct field level surveys to verify drainage grades and patterns throughout each of the 22 cul- de-sacs and within the single family areas as shown as "Project 1" on the attached drawing G2. A Prepare proper work scopes for swale maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Attend up to twenty five (25) meetings with County staff, the MSTU committee, cul-de -sac residents, and other interested parties to discuss project issues, (i.e. use of drainage easements, maintenance of traffic, etc.). Provide full-time contractor oversight and field direction during the course of the construction work. Collief County Delmrtment of Alternative Tro,,sportation f` For Lakes Bond Issue Projects - Phase 2 Field Services Project lc- .Over /ay Cul-de-sacs and forest Lakes Blvd from Gardenia Lane to Main Entrance • Conduct field level surveys to verify drainage grades and patterns for asphalt pavement overlays for the cul-de-sacs and for Forest Lakes Blvd. from Gardenia Lane to the western edge of the overlay at the main entrance. • Prepare proper work scopes for roadway maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. asphalt overlay, pavement markings, structure adjustments, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Provide full-time contractor oversight and field direction during the course of the construction work. Project 6_- _Woodshire Lane Improvements Conduct field level surveys to verify invert elevations and cross section grades of the existing drainage system swales, culverts, and structures serving Woodshire Lane, in the area shown as "Project 6" on the attached drawing G2. Field level surveys shall also include verifying drainage grades for Miami drain extensions along both sides of entrance from the existing drains at the Forest Lakes Blvd. intersection north to Pine Ridge Road. Prepare proper work scopes for drainage system maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, structure adjustments, etc.). Maintenance work shall, at a minimum, include swale invert and cross section adjustments, Miami drain installation, and correcting the southern end of the Woodshire Ditch (including removal of the existing riprap, regrading, and sodding). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Provide full-time contractor oversight and field direction during the course of the construction work. SCHEDULE Malcolm Pirnie anticipates providing the professional services outlined above for a period of up to six (6) months after Notice to Proceed, budget permitting. COMPENSATION Malcolm Pirnie will provide this scope of services under the terms and conditions of Contract 05- 3657 Agreement for Project Management and Oversight Services for a lump sum fee of $70,000. Caunty Malcolm Pirnie appreciates this opportunity to provide this requested scope of services, and will enjoy working with the Department on these important projects. If you have any questions regarding this scope or need any additional information, please feel free to contact Christopher Tilman, P.E. or me at (239) 332-1300. Sincerely, MALCOLM PIRNIE, INC. '-- t -f, f - i-c'- Robert H. French, P.E. Senior Associate Forest Lakes MSTU Master Project List Proiect No. Description 1 Overlay Woodshire Lane and Forest Lakes Blvd 1a Overlay Forest Lakes Blvd. from Tennis Courts on Woodshire to Gardenia Lane and from service entrance on Woodshire Lane to Pine Ridge Road (approx. 6500 I.f. 1b Restore drainage in cul-de-sacs regrade side yards throughout single family area 1c Overla cul-de-sacs and Forest Lakes Blvd. from Gardenia Lane to Main Entrance 2 Overlay Quail Forest Blvd. from Main Entrance to southern end and restore drainage 3 Quail Run Swale Restoration and Lake Improvements 3a Regrade Swale Nos. 7 -11 and install culverts. Total regrade length approximately 5,974 L.F. 3b Regrade Swale Nos. 1-6 and install culverts. Total regrade length approximately 8,415 L.F. 3c Regrade Swale Nos. 12-17. Total regrade length approximately 11,289 L.F. 3d Construct engineered partitions in Lakes 8 and 10 4 Overlay Forest Lakes Drive and side streets from Forest Lakes Blvd. to south end 5 Forest Lakes Blvd. relief sewer to Lake 10 6 Woodshire Lane Improvements 6a Im rove drainacie at Woodshire Lane entrance area 6bI Reconstruct Swale at southern end 1611 5 N� 0 N N rT1 m � x G4 � w Q o A F m Ory [V ryO (J v H i F m m N �9 N q [oV C n q H N My In W O C O k a a 0. 7 ❑ E N N N C9 � y c A a v o „ P. n u C O 9 `m G q � 9 O b � q Y U ❑ a w J A 0 w 1611 5 February 12, 2008 Mr. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Projects - Phase 2 (Project Nos. 1b, ic, and 6) Dear Mr. Richard: Malcolm Pirnie is pleased to provide the Collier County Department of Alternative Transportation Modes (Department) this scope of work for Field Inspections and Construction Services for the Forest Lakes MSTU Bond Issue Projects - Phase 2. The services include the following: SCOPE OF SERVICES Proiect 1b - Restore Drainage in Cul-de-sacs and Single Family Areas Conduct field level surveys to verify drainage grades and patterns throughout each of the 22 cul- de-sacs and within the single family areas as shown as "Project 1" on the attached drawing G2. Prepare proper work scopes for Swale maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Attend up to twenty five (25) meetings with County staff, the MSTU committee, cul -de -sac residents, and other interested parties to discuss project issues, (i.e. use of drainage easements, maintenance of traffic, etc.). Provide full -time contractor oversight and field direction during the course of the construction work. �44 M�/L�7ym Pirnie, Inc. 43/CP.letro Parkway Suite 520 Fort Myers, FL 33918 T: 239.332.1300 F: 239.332.1789 www.pirnie.com Mr. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Projects - Phase 2 (Project Nos. 1b, ic, and 6) Dear Mr. Richard: Malcolm Pirnie is pleased to provide the Collier County Department of Alternative Transportation Modes (Department) this scope of work for Field Inspections and Construction Services for the Forest Lakes MSTU Bond Issue Projects - Phase 2. The services include the following: SCOPE OF SERVICES Proiect 1b - Restore Drainage in Cul-de-sacs and Single Family Areas Conduct field level surveys to verify drainage grades and patterns throughout each of the 22 cul- de-sacs and within the single family areas as shown as "Project 1" on the attached drawing G2. Prepare proper work scopes for Swale maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Attend up to twenty five (25) meetings with County staff, the MSTU committee, cul -de -sac residents, and other interested parties to discuss project issues, (i.e. use of drainage easements, maintenance of traffic, etc.). Provide full -time contractor oversight and field direction during the course of the construction work. 1. A Co er County Protect lc -_Overlay_Cu/ de-sacs and Forest Lake_.s. Blvd. from Gardenia Lane to Main Entrance • Conduct field level surveys to verify drainage grades and patterns for asphalt pavement overlays for the cul- de-sacs and for Forest Lakes Blvd. from Gardenia Lane to the western edge of the overlay at the main entrance. • Prepare proper work scopes for roadway maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. asphalt overlay, pavement markings, structure adjustments, etc.). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Provide full-time contractor oversight and field direction during the course of the construction work. Protect 6 - _Woodshire L ane . lmoro vements Conduct field level surveys to verify invert elevations and cross section grades of the existing drainage system swales, culverts, and structures serving Woodshire Lane, in the area shown as "Project 6" on the attached drawing G2. Field level surveys shall also include verifying drainage grades for Miami drain extensions along both sides of entrance from the existing drains at the Forest Lakes Blvd. intersection north to Pine Ridge Road. Prepare proper work scopes for drainage system maintenance work sufficient for contractors to provide quotes, including estimated quantities for unit price items (i.e. grading, sodding, structure adjustments, etc.). Maintenance work shall, at a minimum, include swale invert and cross section adjustments, Miami drain installation, and correcting the southern end of the Woodshire Ditch (including removal of the existing riprap, regrading, and sodding). Conduct a minimum of three (3) field visits with contractors to review the work scope before quotes are submitted. Provide full -time contractor oversight and field direction during the course of the construction work. SCHEDULE Malcolm Pirnie anticipates providing the professional services outlined above for a period of up to six (6) months after Notice to Proceed, budget permitting. COMPENSATION Malcolm Pirnie will provide this scope of services under the terms and conditions of Contract 05- 3657 Agreement for Project Management and Oversight Services for a lump sum fee of $70,000. 5 Co a CCmnty Malcolm Pirnie appreciates this opportunity to provide this requested scope of services, and will enjoy working with the Department on these important projects. If you have any questions regarding this scope or need any additional information, please feet free to contact Christopher Tilman, P.E. or me at (239) 332 -1300. Sincerely, MALCOLM PIRNIE, INC. Robert H. French, P.E. Senior Associate Forest Lakes MSTU Master Project List -1611 A 5 Pro ect No. Description 1 Overlay Woodshire Lane and Forest Lakes Blvd 1a Overlay Forest Lakes Blvd. from Tennis Courts on Woodshire to Gardenia Lane and from service entrance on Woodshire Lane to Pine Ridge Road (approx. 6500 I.P. lb Restore drainage in cul -de -sacs regrade side yards throughout single family area tc Overlay cul-de-sacs and Forest Lakes Blvd. from Gardenia Lane to Main Entrance 2 Overlay Quail Forest Blvd. from Main Entrance to southern end and restore drainage 3 Quail Run Swale Restoration and Lake Improvements 3a Regrade Swale Nos. 7 -11 and install culverts. Total regrade length approximately 5,974 L.F. 3b Regrade Swale Nos. 1-6 and install culverts. Total regrade length approximately 8,415 L.F. 3c Regrade Swale Nos. 12-17. Total regrade length approximately 11,289 L.F. 3d Construct engineered partitions in Lakes 8 and 10 4 Overlay Forest Lakes Drive and side streets from Forest Lakes Blvd. to south end 5 Forest Lakes Blvd. relief sewer to Lake 10 6 Woodshire Lane Improvements 6a Im rove drainage at Woodshire Lane entrance area 6bl Reconstruct swale at southern end 16 i' " 0 0 N N N � n O A y Si L W � � b � Q H � Q N N FC" m � F io � 0 0 v F i �D M uI � O C 0 w � G V m a c, 0 v E m � � N m � y ''4 A N b C O � F 2 U CmC v k u° o`aw u 9 O y � A J Q O W 16 i' " MUS-r LASS MOM im, a-1- �Mj-ooW 16'`x' iA 5 COLLIER CO UNTY A TTORNE Y'S OFFICE INTEROFFICE MEMORANDUM TO: Darryl Richard, Project Manager, ATM Dept. FROM: Scott R. Teach, Assistant County Attorney DATE: April 30, 2007 RE: Forest Lakes MSTU / Prescriitive Easements and Right of Entry RLS 07 -TRN -00068 Background: Your RLS raises several questions regarding the need to obtain easements and/or a Right of Entry to proceed with various Swale projects within the Forest Lakes MSTU. I will answer each of your questions seriatim, as follows. Question l: Must specific drainage easements be obtained to work on private property located on the Quail Run Golf Course prior to beginning the swale projects and/or projects affecting the lakes? Answer: Yes. Although I understand that in the past Quail Run Golf Course has been cooperative in allowing maintenance work on its property, an easement should be obtained from Quail Run prior to beginning the swail project. It is not my recommendation that the County pursue a prescriptive easement but rather I recommend that you work with Kevin Hendrick's Department to obtain any necessary easements from the property owner. Because it is probably in the best interest of the property owner to permit such work within the easement area(s) sought, it should be easy to obtain such easements without expense. Because you have raised the issue of prescriptive easements, I have provided the following discussion addressing that subject. In order to establish a prescriptive easement, a party must show by clear and positive proof. (1) actual, continuous, and uninterrupted use by the claimant or any predecessor in title for the prescribe period of twenty years; (2) that during the whole prescribed period the use has been either with the actual knowledge of the owner or so open, notorious and visible that 1611 5 knowledge of the use is imputed to the owner; (3) that the use related to a certain limited and defined area of land or, if for a right -of -way, the use was of a definite route with a reasonably certain line, width, and termini; and (4) that during the whole prescribed period the use has been adverse to the lawful owner; that is (a) the use has been made without the permission of the owner and under some claim of right other than permission from the owner, (b) the use has been either exclusive of the owner or inconsistent with the rights of the owner of the land to its use and enjoyment, and (c) the use has been such that, during the whole prescribed period, the owner had a cause of action against the user for the use being made. " Dan v. BSJRealty, 2007 Fla. App. LEXIS 4536,32 Fla. L. Weekly D 809 (3`d DCA March 28, 2007)(Emphasis added.)(Citations omitted). In the above case, the court found all the required elements to establish a prescriptive easement except for number four (4). As to four the Court noted that because the neighbors allowed the claimant to freely use the property in the past, the adverse use of the property was not present. It is my opinion that this requirement would also be problematic in this instance. Additionally, even if there were sufficient facts present to establish a prescriptive easement, an action would still need to be filed in court— this simply does not seem practical. Question 2: Does the MSTU need to obtain a right of entry and construction agreement prior to the execution of projects within the private property of the Quail Run Golf Club? Answer: Yes. As discussed above. Question 3: Does the 2005 -20 Ordinance authorize utilization of common areas and/or other property under private ownership within the MSTU for projects? Answer: The Ordinance broadly empowers the MSTU with "all the powers to do all things reasonably necessary in connection" with "providing and maintaining improved roadway - related drainage and roadway restoration within the area of the unit." Ordinance No. 91- 107(2), as amended. If working within those areas is necessary to improve roadway - related drainage, it is probably an appropriate project for the MSTU. 2 1611A 5 Question 4: If an easement process is necessary (prescriptive easements), what are the steps needed to obtain? Answer: I recommend that you work with Kevin Hendrick's Department to obtain the necessary easements. Question 5: Does the MSTU need specific easements to perform improvement projects on existing roads in the MSTU where various private entities own the roads? Answer: Such private roads may already be presumed dedicated to the County. Florida Statutes Ch. 95.361 provides that where a road constructed by a county has been maintained or repaired continuously and uninterruptedly for four 4 years, the road is deemed to be dedicated to the public to the extent of the width that has actually been maintained for that period, whether or not the road has been formally established as a public highway. Such dedication vests all right, title, easement and appurtenances in and to the road in the county. If the road was constructed by a nongovernmental entity, it is deemed dedicated in the same fashion after seven 7 years of maintenance. To officially recognize such dedication, if necessary here, a resolution could be prepared for the BCC, along with a map showing the roads and land that is believed vested to the County. By statute, the map and resolution would be filed with the Clerk of the Court. See Florida Statutes, §95.361(3) (b). No further easements for those private roads would be required. The process would take as long as ATM takes to have a map made, place a resolution on the BCC agenda, and then file the map and resolution with the Clerk after Board approval. Please note this process is only available as to roads existing within the MSTU that have been previously and continuously maintained by the County. Question 6: Does the action of November 16, 2004 where the BCC accepted a deed of a portion of road, but did not record same, set a precedent for the MSTU to work projects on the roads without an easement? Answer: Based on the limited facts you have provided, no. I cannot find any authority that states that accepting a portion of one road allows the County to work on all roads within the MSTU without an easement. However, the answer provided to Question 5, above, may be applicable. Should you have any further questions regarding this matter, please let me know. c RichardDarryl From: TeachScott Sent: Monday, July 23, 2007 3:44 PM To: RichardDarryl Cc: flagg_d; sillery_t Subject: RE: RLS 07 -TRN -00070 pertaining to Forest Lakes MSTU Darryl, Page 1 of 3 1611 4 5 I am writing in response to your above - referenced RLS. To the extent that you requirement easements on private property to accomplish the purpose of the MSTU and promote a public benefit for the residents within the MSTU, it is appropriate to acquire easements on the Quail Run Golf Club property. I have previously been involved in an analogous situation involving the golf course within the Royal Wood Master Association pertaining to the LASIP project. That project involved obtaining several easements on the Association's property to provide future LASIP maintenance. Notably, because the stormwater improvements were also going to benefit Royal Wood (and we agreed to repair the landscaping we dig up), the easements were provided without a separate cost. Such a situation may be present here, as well. Kevin Hendrick's group was quite helpful in that regard and I would recommend touching base with him prior to having any discussions with Quail Run about purchasing any easements. Should you have any further questions regarding this matter, please contact me. Scott R. Teach Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 From: RichardDarryl Sent: Monday, July 16, 2007 4:18 PM To: TeachScott Cc: flagg_d; sillery_t; Chris Tilman (ctilman @pirnie.com) Subject: RE: RLS related to Forest Lakes MSTU Scott, Briefly, The Forest Lakes MSTU will be performing construction in Swales and Lakes on Quail Run Golf Club property. Obtaining easement was determined to be necessary prior to construction. On Tuesday, October 16, 2007 Staff & Consultant (Malcolm Pirnie) will present the 'Easement Map' to the Quail Run Golf Club Board in order to review proposal for Easements on Quail Run Golf Course Property. Staff and Consultant are anticipating that the Quail Run Golf Club Board may request payment for the proposed easements. Determination needs to be made as to weather the MSTU can make payment to privately owned Golf Club within Forest Lakes Boundary to obtain proposed easements. Attached for reference is the Property Appraiser's description of the property in question and ownership. Thank you, 2/13/2008 Darryl Richard, RLA, MSTU Project Manager, CAT Bus Shelter Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Telephone: (239)659-5775 Fax: 239-530-6219 Cell: 239 - 253 -9083 darryirjchard@colliergov.net From: TeachScott Sent: Thursday, July 12, 2007 4:52 PM To: RichardDarryl Cc: Flagg—d; sillery_t Subject: RE: RLS related to Forest Lakes MSTU Darryl, t Page 2 of 3 I have received and set up your RLS. As discussed yesterday, however, there are more facts critical to my review. Can you please take a moment and incorporate those facts? Specifically, please reference the nature of the project, including the location of where we wish to construct the swales (i.e... upon Quail Run's property) and why it is necessary to take this action as opposes to some alternative action. The additional information I am seeking doesn't need to be elaborate nor does it need to be incorporated into the RLS you sent me. Simply, provide it back to me by reply e-mail so that I can refer to it while I review this issue. Thank you for your assistance. Scott R. Teach Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774-0225 From: RichardDarryl Sent: Wednesday, July 11, 2007 12:35 PM To: TeachScott Cc: Flagg_d; Chris Tilman (ctilman @pirnie.com); sillery_t Subject: RLS related to Forest Lakes MSTU Importance: High Scott, Here's the RLS for the item under discussion. Thank you, Darryl Richard, RLA, MSTU Project Manager, CAT Bus Shelter Project Manager Collier County Department of Alternative Transportation Modes 2/13/2008 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239-530-6219 Cell: 239 - 253 -9083 darrylrichard@colliergov.net 2/13/2008 16 F1 A Page 3 of 3 01 2/13/2008 February 13, 2008 I6I1A 5 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes FOREST LAKES MSTU Project Status (F -39) - ACTIVE (POC: Darryl Richard) Legal Description and sketch for board resolution. (related to non -Quail Run Golf Club areas). ; Work Scope is based on RLS 07 -TRN -00068 2- 13 -08: Review of RLS 07 -TRN -00068 at regular Forest Lakes MSTU meeting. Malcolm Pirnie has requested pricing for survey /legal descriptions necessary for this project from RWA Surveyor. (F -38) - ACTIVE ( POC: Darryl Richard) - Forest Lakes Golf Course, Lake Bulkheads; Bond Issue Project "3d" Construct engineered partitions in Lakes 8 and 10; Scheduled for Feb - Oct 2008. Permitting underway through Malcolm Pirnie. 12- 10 -07: Q.Grady Minor submitted proposal 1 -8 -08: Committee approved proposal 2 -4 -08: Staff requested consultant to resubmit proposal - lump sum 2 -6 -08: Work Order in process of signatures - pending consultant to sign 2 -8 -08: Signed by Consultant and Budget Analyst has for signature process. (F -36) - ACTIVE ( POC: Darryl Richard) - Stripping & reflectors within all roads in boundary map 10- 10 -07: Committee requested for all the roads within the MSTU be stripped and reflector be placed. 10- 26 -07: Requested quote from Bonness. 11-9-07: Received Quote from Bonness - under review with Chris Tillman - Malcom's office 11- 14 -07: committee approved Quote - S 42,663.93 -Bonness 11- 20 -07: WO in progress - for signatures 12- 10 -07: WO & PO - NTP pending to be sent out. 12- 12 -07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the week of Dec. 12tb 1 -7 -08: 90 % complete - Punchlist to be reviewed 2 -6 -08: Contractor reports 100% completion. To be reviewed by Malcolm Pirne & staff (F -37) - ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pirine) -BOND ISSUE PROJECTS - INDIVIDUAL PROJECT TRACKING: 12- 12 -07: Individual projects added to project manager list for tracking of each project. 1 -7 -08: Mr. Tillman to provide list for 1 -9 -08 meeting. Forest Lakes MSTU Master Project List Project Description Estimated Status Estimated Cost Completed Notes No. Schedule Cost Combined 1 Overlay Woodshire old project Lane and Forest Lakes nos. 14 and Blvd 16 2,13,2008 16 11 A 5 2 Overlay Forest Lakes Blvd. from Tennis Courts Paid for out on Woodshire to Gardenia of MSTU la Lane and from service Completed $610,000 $145,000 funds, not entrance on Woodshire bond issue Lane to Pine Ridge Road (approx. 6500 I.f ) Restore drainage in cul- Ib de -sacs, regrade side Mar - July 2008 Preparing $1,050,000 Old project yards throughout single scope no. 14 family area Overlay cul -de -sacs and 1 c Forest Lakes Blvd. from Mar - Sept 2008 Preparing $200,000 Gardenia Lane to Main scope Entrance Overlay Quail Forest Blvd. from Main Waiting Combined 2 Entrance to southern Feb - May 2008 for S731,000 old project end and restore estimate nos 3 and 18 drainage Quail Run Swale Combined 3 Restoration and Lake old project Improvements nos 4 -13 Regrade Swale Nos. 7 -11 Waiting 3a and install culverts. Total Feb -May 2008 for $147,000 regrade length approximately 5,974 L.F. easements Regrade Swale Nos. 1 -6 Waiting 3b and install culverts. Total Feb -May 2008 for $180,000 regrade length a roximatel 8,415 L.F. easements Regrade Swale Nos. 12- Waiting 3c 17. Total regrade length Feb - May 2008 for $310,000 approximately 11,289 L.F. easements Construct engineered 3d partitions in Lakes 8 and Feb - Oct 2008 Permitting $500,000 10; TRACKED UNDER underway ITEM F -38 Overlay Forest Lakes 4 Drive and side streets Feb - July 2008 Preparing $295,000 from Forest Lakes Blvd. scope to south end Under 5 Forest Lakes Blvd. relief See notes $140,000 investigation, sewer to Lake 10 may not be needed 6 Woodshire Lane March - Sept $1,220,000 Old project Improvements 2008 no. 17 Improve drainage at 6a Woodshire Lane entrance area 6b Reconstruct swale at southern end 2 2/13/2008 PROJECTS SUBTOTAL CONTINGENCY (10 %) BOND ISSUE PROJECTS TOTAL Note: Cost values in italics indicates previous project estimate from WilsonMiller Note: * indicates cost based on previous estimate from WilsonMiller $5,383,000 $538,300 $5,921,300 (F -34) — ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pirine) — Swale Project Scope Definitions; 6- 13 -07: Meeting with Malcolm Pirine to review base map of swales and lakes as per Bond Issue Project List. Map requires some minor modification. Scope of Swale projects will be derived from Base Map. SCHEDULE: Forest Lake MOTU. Swats PHPAE Ate 0' ate:. WA 0. 11 r14�p1,�1a • _ 1 -7 -08: Revised scope for each bond issue project in progress - Malcome Pernie (F -31) — ACTIVE (POC: Darryl Richard) Easement for Swales & Lakes 3- 29 -07: RLS sent to Scott Teach for recommendation regarding request as per Macolm Pirine advisement that easement may be the option the MSTU would want to pursue for swales and lakes. Also included in request is evaluation of roadways in terms of easements. 4- 30 -07: RLS received from Scott Teach regarding obtaining easement within Golf Course Property. Recommendation is to proceed with obtaining easement within Golf Course for both swales and lakes. Easement is not required for roadways as per RLS. 5 -9 -07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required easement/Right of Entry. Recommendation from Kevin was to pursue negotiation with Golf Course based on a `preliminary' map (to be produced by Malcolm Pirine) of the easement areas. 7 -6 -07: Meeting with Golf Course — review of easements — Chris — Malcom Pernie will be sending out a report of the results of meeting. 3 1611 5 7- 23 -07: July 16`a, draft document received from Malcom Permie & County staff reviewing with Consultant - Presentation per Quail Run Golf Course 8- 15 -07: (week of) Malcolm Pirine coordinating project details with Quail Run Club Mgmt. 8- 22 -07: RWA will be performing Survey — quote from RWA pending regarding the Golf Course approval. 9- 10 -07: Obtaining scope of service from RWA — (RWA to create scope) 9- 12 -07: RWA has provided draft scope — under review by Malcolm Pirine 10- 17 -07: Purchasing requested changes in Scope lump sum vs time & material and other verbage. 10- 22 -07: RWA has provided proposal - county staff to review and requested revisions. 11 -6 -07: RWA has revised proposal several times per request of county staff. Still pending on revision 11 -8 -07: RWA responded and Work Order is with Budget Analyst going through signature process. 11- 20 -07: NTP sent on 11 -20 -07 — 60 days - $58,305.50 to be completed by January 19`", 2008. 1 -7 -08: Easement Language complete by Malcom Pemie. 1 -7 -08: RWA — Survey is 90% complete 1 -9 -08: RWA — Survey is 100% complete 2 -6 -08: Scope for Swale project 90% complete. 2 -6 -08: Chris Tillman negotiating with SWMD for permit requirements, prior to construction. 2 -6 -08: Q.Grady Minor & Assoc. to provide additional data for swale scopes. — Work Order in process for Q.Grady Minor & Assoc. (F26)- ON GOING- ACTIVE (POC: Tessie Sillery) — Signage Maintainance 11- 08 -06: Fogg moved to utilize annual contractor — maximum $10,000.00 1- 29 -07: Requested estimate. 2- 14 -07: PO for annual maintenance in amount of $10,000.00 requested. 3- 13 -07: PO entailed to Lykins for ongoing maintenance 9- 30 -07: PO closed for end of fiscal year. 10 -10 -07: Requested estimate. 10- 20 -07: Estimate came in at $5,000.00 11- 06 -07: Request for PO in process 10- 10 -07: Received PO for $5,000 and NTP went out. (F- 25) —ON GOING- ACTIVE (POC: Darryl Richard) - Pot Hole Repairs 11-08-06 : Fogg moved to increase funds for pot hole repair up to $40,000.00 12- 13 -06: Work Order in Progress 1-10-07: Bonness NTP - $40,000 1 -23 -07 : Bonness — will be marking pot holes. 2- 05 -07: Bonness marked and in process of repairing pot holes 2- 12 -07: Bonness repaired pot - holes. Marked areas filled with asphalt. Villas turn area remains for future project. 4- 13 -07: Villas area has been completed, some minor pot -holes are forming in other areas. Bonness called to perform inspection/repair under current PO. 10- 24 -07: New Fiscal Year 07 -08 — Bonness - $ 11,491.61 11 -6 -07: Work Order in process. —pending signatures 11- 20 -07: Work Order rejected by Newman for minutes backup. 12- 10 -07: Need to have committee approve the amount for the Work Order - $11,491.61 1- 18 -07: NTP 1 -18 -08 ending date January 17, 2009 - (P. O. #4500090493; dated 1- 9 -08)i Project Name: Forest Lakes Asphalt Patching & Risers - Contract # 05 -3773 `Annual Contract for 2/13/2008 1611 A (F -23) ON GOING - ACTIVE (POC: Darryl Richard) — Desiltation of Culverts; includes telescope inspection within Forest Lakes; MSTU Committee vote to obtain annual services from Shenandoah Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm scope of work with contractor prior to each sery ice. 10- 11 -06: Committee approves $30,000 for annual contract with Shenandoah. 11 -7 -06: Increase to PO ($3, 155.70) 1- 25 -07: Requested for Estimate for annual maintenance not to exceed $26,800.00 3- 13 -07: NTP — sent to Shanendoah 3- 15 -07: Shenandoah contacted to de -silt Woodshire Ditch. 4- 12 -07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest Lakes for desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall and 24 inch; Pipes near Lake 13 and Lake 10. Completion by 5/12/07. 4- 27 -07: Shenandoah completed items near Lake #6 and Villas from 4 -12 -07 meeting. 5 -8 -07: All Items noted on 4 -12 -07 are completed. Ongoing maintenance as per future request. 5 -8 -07: Committee requested Darryl to work with company — not following what they requested 5- 23 -07: Darryl met with company regarding dumping in area. — issue resolved 10- 24 -07: Purchasing going to BCC for approval of new contractors for annuals. 11 -6 -07: Pending new bid tab and bcc approval. 11- 14 -07: Spoke with purchasing and this item will not be bid out as of yet —still working on bid process. Purchasing advised to get three quotes for now. (F -6) —ON GOING - ACTIVE (POC: Tessie Sillery)- Exotic Removal— Woodshire Ditch -Lake Doctors Annual Maintenance Contract— Woodshire Ditch & pump station — Notice to proceed ITEM 5, 2005 - $4,770.00 — Annually 5 -15 -05 — Purchasing required Re-Bid (quote) for project - Quotes due 5 -26 -06 5 -30 -06 — Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract — pending 6 -12 -06 — PO requested waiting on Gloria 6 -27 -06 - PO issued and ongoing 44-07: New Quote received from Lake Doctors for $4,740.00 4- 13 -07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received from Aquatic Systems. Lake Doctors is the apparent low at $4,740.00 5 -7 -07: NTP — Lake Doctors - $4,740.00 9- 30 -07: PO Closed end of Fiscal Year 10- 12 -07: New Fiscal Year 07 -08 — NTP $ 5, 640.00 (F -15) ONGOING- ACTIVE (POC: Tessie Sillery)— Mowing - Woodshire Drive- Landscape Maintenance Contract— 400 ft. x 20 ft. Sod Mowing. Quotes requested from annual contractors. 4- 17 -06; Southern Services under contract for maintenance on annual basis based on contract rates. 3- 16 -07: Southern Services Contacted to mow up to Forest Lakes Blvd. 5- 10 -07: Southern Services PO increased by $ 3, 340.00 till end of FY. 9- 30 -07: End of Fiscal year — po `s closed 10- 12 -07: New Fiscal Year 07 -08 —NTP issued (F -29)— COMPLETED (POC DarrylRichard ) - BondIssueFinancePackage 12- 11 -06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director. 12- 13 -06: Requested project information sent to Mike Smykowski for submittal to PFM (Financial Consultant). 12- 13 -06: Package sent to PFM for review. 2,13,2008 1611 4 5 1 -10 -7: Mike Smykowski reports that there will be a Budget Meeting on 1- 11 -07. During Budget meeting there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be recommended to finance bond issue. Alternative funding through a Bank will be reviewed. 1- 17 -07: Meeting with Chairman & staff to discuss priority project list and finance items 2- 14 -07: Bond Issue funds are anticipated to be available after April 1, 2007. Committee request to see break -down of Cost for bond issue for next meeting. 3- 14 -07: PFM will be attending the meeting 3- 23 -07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds are due to be released in June 2007. 5 -9 -07: Revised release of funds date is July 2007 as per PFM correspondence. 7 -9 -07: Kelly — PFM entailed a schedule regarding bond. 7- 18 -07: Kelly—PFM emailed anew schedule- draft debt service schedules showing coverage on the allocated millage and a revised Plan of Finance detailing the tax reform issue. 9- 10 -07: Budget Dept. — Novus Exec. Summary — regarding bonding for forest lakes : Below see exec. Summary title: 9 -11 -07 bee meeting This item to be heard on or about 11:00 a.m. A Resolution of the Board of County Commissioners of Collier County, Florida, acting as the Governing Body of Collier County, Florida and the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate principal amount of Collier County, Florida Limited General Obligation Bonds (Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007, to finance the costs of certain roadway lighting, roadway - related drainage and roadway restoration within the Forest Lakes MSTU and to pay certain costs and expenses incurred with the issuance of the Series 2007 Bonds; Providing for the payment of said Bonds from ad valorem taxation levied in an amount which shall not exceed four mills on all taxable property within the boundaries of the MSTU; Making certain covenants and agreements in connection therewith; Providing for the rights of the holders of such bonds; authorizing the awarding of said Series 2007 Bonds pursuant to a public bid; Delegating certain authority to the Chair for the award of the Series 2007 Bonds and the approval of the terms and details of said Series 2007 Bonds; Authorizing the publication of a notice of sale for the Series 2007 Bonds or a summary thereof; Appointing the paying agent and registrar for said Series 2007 Bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect to the Series 2007 Bonds; Authorizing the execution and delivery of a continuing disclosure certificate with respect to the Series 2007 Bonds; Authorizing municipal bond insurance for the Series 2007 Bonds; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) 10 -1.07: Funds were transferred into the MSTU Fund. 10 -07: FYI: Rec'de an email from Russell Edghill Consultant, Public Financial Management, Inc. 300 South Orange Ave. Suite 1170, Orlando, FL 32801 (P) 407.648.2208 and (F) 407.648.1323 edghillr @pfm. comCollier County (FL) Limited GO Bonds (Forest LakesRoadway and Drainage MSTU), Series 2007 — Closed transaction on this date: (F -30) — COMPLETED - (POC: Tessie Sillery) — O & E Report for Woodshire Lane Project is to determine responsibility for Tree Trimming — Woodshire Lane (Includes: ROW Survey and O & E Report on ownership at corners intersection of Woodshire Lane @ Pine Ridge Road) 03- 09 -07: Met in field with George Fogg — reviewed project - questions were raised in regards to which trees need trimming. 03- 09 -07: After meeting in field — landscaping was notified of committess concerns — to trim hedge & remove palm tree for obstruction of oncoming cars. 03- 13 -07: Project to be discussed at meeting — Who owns the corner of Woodshire & Pine Ridge? 03- 22 -07: Staff requires survey indicating location of trees prior to issue of Work Order/Purchase Order to trim trees. Determination of ROW needs to be made through survey. 04- 11 -07: MSTU Committee approves not to exceed $6,000.00 for ownership and encumberance report and survey for the Woodshire Lane from Forest Lakes Blvd. to Pine Ridge Road. 5 -11 -7 : Confirmation for ownership and encumberance report cost from Executive Title in the amount of $90.00; Request for Purchase Order submitted. PO issue is pending. Quotes for survey from annual consultant is for $2,500.00 from ABB Engineering. — Thes two companies are not annuals — denied quotes 0 2,13,2008 1 6 1 1 5- 23 -07: PO Request in process — waiting on a PO - $750.00 5- 30 -07: NTP - 30 days 6- 30 -07: Received All three O & E's on all three locations requested (F -35)— COMPLETED - (POC: Darryl Richard) — Survey for Woodshire lane up to Forest lakes blvd. 5- 15 -07: Requested for quote from RW A 5- 23 -07: Processing WO with Contractor 6- 20 -07: NTP — with completion date of August 17, 2007 7- 23 -07: Benchmark delays — Darryl provided RWA with platt map to better define benchmarks. 8- 17 -07: survey completed. (F- 32) — COMPLETE: ( POC: Darryl Richard) — Overlay Project #1— Bond Issue Project List SCHEDULE: Forest Lakes MSTU: Overlay Project No. One 3- 13 -07: Scope of overlay project rec'd from malcome pernie 4- 10 -07: Quotes for Overlay Project #11 have been reviewed. Contractors have been requested to confirm unit cost for quote. 4- 16 -07: Final Quotes for Overlay Project #1 have been received. Bootless is the apparent low quote at $189,495.79; other quotes: Quality at $197,552.50, Better Roads at $196,829.00; Committee has already approved not to exceed $310,000 for project at March 14, 2007 meeting. 4- 27 -07: Approval of Work Order pending. Work Order Issue will be for 30 day time -line. 5- 23 -07: NTP — 5 -14 -07 — Bonness 6- 13 -07: Contractor to start project on 6 -18 -07 with 2 week construction 6- 27 -07: Completed (F -20) coMPLt t: (POC: Darryl Richard)— Gravity Flow System: Proposal for Design Phase 9- 12 -06: Need Scope of Services from Consultant. 9- 13 -06: MSTU Committee approves `Not to exceed' for $90,000.00 for the project 9- 25 -06: Scope of Services received from WilsonMiller exceeds the $90,000.00 limit. WilsonMiller to revise scope. 10- 11 -06: Committee approves not to exceed $120,000 for WilsonMiller Scope of Services. 12 -6 -06: Committee notified that Notice to Proceed will not be sent to WilsonMiller until review of proposal by Staff and Malcom Pirine has been completed. 1 -17 -07 : pending Malcom Pirine to review 2 -6 -07: Upon Consultant review and staff review NTP sent to WilsonMiller for project. 3- 13 -07: Wilson Miller locating existing utilities for project 4 -5 -07: Stop Work Issued for Gravity Flow System Project. Project is under review by Malcolm Pirine, Collier County Stormwater Department (Oversight— In House), and Department of Alternative Trans. Modes. 7 -1 -07: Project cancelled as per committee request. (F -27) — COMPLE "rE (POC l essie Sillery) -Engineer study — turn on Woodshire 12 -05 -06: Documentation sent to Traffic Operations for review of proposed installation. Meeting with Bob Tipton, Director, Traffic Operations. 1- 10 -07: Bob Tipton confirms that installation is not approved. 1- 17 -07: As per discussion with Bob Tipton, Traffic Operations will review in terms of 'SDP' for Publix shopping center and report back to ATM Staff. 1- 13 -07: Discussion with Bob Tipton regarding determination of approval for "No Left Turn" sign. 2- 22 -07: No Left Tom Sign Installed by Traffic Operationsthrough Bob Tipton 3 -8 -07: Traffic Ops Director— reviewing PUD— The sign installed by traffic cps is only temporary till further review is done (F- 28)— COMPI.I I (POC Daml Richard)— Malcom Pirine Project Management Oversight Services — Committee approve $40,000.00 for annual services. 12 -06 -06: Committee approved the funding for Malcolm Pirine Contract 12 -19 -06: Malcolm Pirine delivers Fee Matrix for proposal 12- 20 -06: Staff request revised Scope of Services for proposal to math Fee Matrix. 2/13/2008 1611 P 5 12- 22 -06: Malcolm Pirine revised Fee Matrix received. 1- 08 -07: Work Order picked up by Malcolm Pirine for signature. 1- 17 -07: Work Order in system for signatures; Norm Feder has signed; Release from Purchasing Pending 1- 19 -07: Work Order rejected by purchasing— due to Consultant not using fixed fees. 1- 23 -07: New Proposal received from Consultant 1- 25 -07: Work Order Ready for Pickup by Consultant 1- 26 -07: Consultant Picked up WO. 2- 08 -07: WO went through signature approval and pending purchasing approval & PO release 2 -9 -07: Notice to Proceed for Malcolm Pime sent (F -17) - COMPLL f If -Wilson Miller -Annual Consulting Services- WilsonMiller- Scope of Services received for $30,000.00 from WilsonMiller; Requires Committee Approval. Committee approved $30,000.00 —Work Order issued January 23, 2006. 8 -21 -06 — Ongoing 1- 17 -06: Reciept of final invoice from WilsonMiller pending, following final invoice PO will be closed. (F -13) — COMPLETF. —BOND Resolution & Executive Summary — Coordination with Scott Teach based on WilsonMiller cost estimate. 6- 12 -06: Scott teach met with Smykowsky & will be working with Finance Board. 6- 27 -06: Meeting scheduled for 6 -28 -06 7- 18 -06: BCC to approve on 7 -25 -06 — Resolution to put on election ballot for bond issue 8 -7 -06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006 -As per Jennifer Edwards Spvr of Elections 8- 21 -06: Tessie Uploaded new resolution superseding 2006 -201— consent agenda —bee 9 -12 -06 9- 12 -06: BCC Approved Bond Resolution. Approval by voters on Nowmber 7, 2006 required. 11-08-06: Confirmation from Scott Teach that Bond Issue has been approved by Voters (F -24) —COM PI.FTE D - Two Staff Gauges 11- 08 -06: Fogg moved to install the staff gauges. 12- 04 -06: Issue of Purchase Order pending for Work Order 12- 13 -06: NTP —Work Order - $1,200.00(90 days) 2- I4 -07: Committee consensus is to cancel this contract Staff concurs with recommendation, PO will be cancelled. (F -17) - COMPLETE - Water Flow Data Loggers (and related request for verification of water levels throughout the Forest Lakes Community) 7- 22 -03: Purchase Order for $6,000.00 Project Cost ($2,000.00 installation and $4,000.00 material) issued to WilsonMiller for installation of water -level recorders. 3 -3 -06: Gordon River Outflow Meeting with: Clarence Tears, SFWMD; Eugene Calvert, Director Stonnwater Dept.;Jerry Kurtz, Stoonwater Dept.; Darryl Richard, MSTU Project Manager; and Craig Pager, Consultant, WilsonMiller. Clarence Tears states in meeting that if the Forest Lakes MSTU can provide data that the lowering of the Gordon River Ouflow Weir Structure (to allow for better flow of water from MSTU) is justifiable that the SFWMD would consider such a proposal to lower the outflow level at the weir structure. 3 -6 -06: Request sent to WilsonMiller ( Craag Paper) to verify the operational status of the water level recorders. 3- 30 -06: Request sent to WilsonMiller for verificationrelated to the warranty of the recorders and location and operation of the recorders. 5- 11 -06: Staff Project Manager Darryl Richard request all data related to the installed recorders and status of the recorders and data obtained. 6 -2 -06: WilsonMiller Project Manager Craig Pager delivers electronic files containing data recorded. A report indicating the significance of the data was not provided by WilsonMiller. There has notbeen any document produced by consultant analyzing and/or summarizing the data collected. 8 -9 -06: Committee Voted to authorize $15,000.00 for the purchase of new (water level) flow meters for Forest Lakes MSTU. 8- 21 -06: Staff research online indicates that there are a variety of products available and consultation with Stormwater Department indicates that there are products which SFWMD prefers for use in this application. 8- 29 -06: Stonnwater Project Manager Jerry Kurtz meets with MSTU ProjectManager to review the proposal, Jerry recommends contact with Tim Howard of SFWMD to determine which product best suits the needs of Forest Lakes MSTU. 9 -1 -06: Phone consult with Tim Howard indicates that the method for obtaining 'verifiable' data which is `defensible' is utilizing a product that both records the data and automatically sends it for processing. Estimated cost of product and installation of such a system is W,000.00. Vendors were reviewed for type of productoffered: Campbell Scientific; Hydro lab Products; and YSI Products. Engineering Consultation was recommended from County Storrnwater Dept. and from SFWMD for installation and continuous monitor of system and data collected. The possibility of tie into the existing SFWMD data base collection systemwas mentioned (F -19) - ('OMPLETE— Asphalt Repair (3 mobilizations) Pothole repair and other ($25,000) 8 -18 -06 — Bonnes to pick up WO 8 -21 -06 — waiting on homes signature 8- 22 -06: Bonness signed WO; issue of PO pending. 8- 31 -06: PO sent to Bonness; 9- 19 -06: Bonnes confirms that repair areas are marked and areas are approved by Project Manager. 10- 18 -06: Bonness crews are onsite making repairs to pot -holes (V mobilization). On Monday 10/23/06 Bonness will re- mobilize for additional repairs. 10- 31 -06: Bonness Paver repairs completed. 2/13/2008 16 11 S (F -22) C'OIMPLFTF -Obtaining Additional Scope of Services for Annual Consultant; at the request of Committee Chairman and ATM Department Director Limon Staff is obtaining alternate Scope of Services from Collier Courty Annual Vendor List and other private sector Engineering Firms. 10 -5 -06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract. I1 -7 -06: List of Firms submitting quote recorded. Staff recommends Special Meeting for review of proposals. (F -24) COMPLE'I L- MSTU Committee directs staff to meet with SFWMD concerning the installation of water level recorders. Meeting is to have Dept Director Diane Flagg, Project Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir. Stormwater Dept, and one representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones). 10 -12-06: Committee directs staff to set up meeting and obtain services from Mancan for minutes. 10 -25 -06: SFWMD recommends installation of staff gauges, WilsonMiller to providequote for installations; In reversal of previous recommendation - installation of electronic recording devices is not recommended and determined to be un- necessary. (F -21 b)- ('OM PL ET P. Shenandoah Cons[mction - Quail Forest Blvd. Desiltirg (includes surrounding areas wilhin Forest Lakes MSTU) 9- 13 -06: Forest Lakes MSTU Committee approved project for Shenandoah Construction based on Annual Contract rates. 10- 10 -06: Shenandoah Construction submits quote based on $15,000.00 amount with invoicing to be as per completion of each section based on contract rates. Project is complete invoicing is pending. Shendoah invoiced for $13,718.25 (F -21ao- COMPLETE - Shenandoah Construction Woodshire Ditch. Desilting Project 8 -9 -06 - Committee voted on an up to $15,000 to get clearing and restoring the drainage swale at woodshire ditch (east to west Portion. 8 -21 -06 - Pending Quote from Shenandoah - annual 8- 31 -06: PO sent to Shenandoah for project. 9- 12 -06: Project 80% complete 9- 15 -06: Project 10000/ complete. (F -14) CANCELLED - Woodshire Lane - Re- grading /Cutting of ROW Edge& Sod Installation 8 -9 -06 - Committee approved up to limit - pending Quotes coming in. 8- 21 -06- WO # assigned and to be picked up by Buttress (4, 962.64) 9 -1 -06: WO returned from Bonness and forwarded to Gloria Herrera for review /Sharon then to Norm Feder 9- 12 -06: Need approval for $4,962.64 for project. 9- 13 -06: Committee selected not to approve necessary funding for project. (F -12) COMPLETE- Committee member Roger Sommerville rel. to Swale 415 and nearby Lake; Limon Staff Project Manager and Consultant to review project to determine any outstanding items and also the level of the Lake in relation to the swale level. 8- 31 -06: WilsonMiller Craig Pjer reports site inspected and no problems or punch list items. Victor (Engineering Tech) performed inspection. 9 -7 -06: Staff Project Manager meeting with Craig Pager confirms WilsonMiller inspection finding no outstanding punch -list items. (F -I1) - COMPLFJF -Mad out for Bond Issue Referendum 8 -9 -06: George Fogg moved to fund a mailing to registered voters inorder to explain the ballot, this will be done by staff. 8-21-06: Staff will coordinate with Committee Chairman Bob Jones for content of mail -out. Man Can will provide the assistance for mailing. 9- 13 -06: MSTU Committee 9- 12 -06: County Attorney Scott Teach and Committee Chairman sign off on mailing. 9- 19 -06: Mancan services sent not mailing. (F -10) - COMPLETE - Pump System Repair- Emergency repair of Forest Lakes Pump System on 7/28/06. 7- 28 -06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for $600.00. 8- 02 -06: Purchase Order issued to ITS for repair cost Invoicing is to Forest Lakes MSTU. 8- 10 -06: ITS invoice for $800.00 exceeds quote. Staff request FIS to re- invoice for correct amount. (F -9) -COMPLETE - Lake # 6- Villas Drainage Improvement -Craig Pager - County Attorneys -To determine if the project scope is within the authorization of the MSTU Ordinance. 8- 23 -06: RLS sent to Scott Teach for determination of weather the scope of proposed project is authorized by Forest Lakes MSTU Ordinance. 9 -1 -06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is authorized by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU Ordinance as it is not 'roadway related drainage'. (F -8) COMPLETE - Roadway Signage and Pavement Marking Study - Installation of Signs - COMPLETED- Committee approved for signage committee chairman has requested that consultant review and revise the quantity of signs. 4- 17 -06; PO issued to Lykins for $12,045.00; Lykins begins work on 4- I7 -06. 5 -15 -06 - NTP given - project under construction - estimated to be done 5 -20 -06 5- 24 -06- Project Complete -need to have final walk- through. 7 -18 -06 - FINAL INSPECTION - PROJECT COMPLETE 0 1611 A 2/13/2008 5 (F -7) COMPLF.TF - . Painting of Markings - Quotes requested from new Collier County AnnualContractor Trutwin (Fort Myers Location). 5- 30 -06; Quote from Trutwin based on annual contract for traffic markings pending 6- 12 -06: Tnnwini requested new drawings with text that is legable from Wilson Miller -no drawings reced. 6- 27 -06: Submitted PO request on 6 -27 -06 7 -12 -06 : Project completed (F -6) - COMPLETE- New Committee member selected Mr. Fogg —BCC Approved on 9 /13/05 Complete; BCC Approved Fogg, (F -5) COM PLETF. — S WALE # 15 —Kyle Construction 100% complete— need consultant report on final inspection. 4- 17 -06; Need WilsonMiller notification of Final Inspectton. 6/12/06 - Project complete— waiting on WM to submit letter of final completion. 627 -06 - Project complete — waiting on WM to submit letter of final completion. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete (174) — COMPLETE -Swale # 7 & 10 Regmde; WM has completed design. WM completing Bidding with Annuals. 4- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP— 5 -"6 - DN Higgins — Wilson Miller performing constitution observation 6- 12 -06, Construction Reports from Wilson ,Miller— Pending (50% completed) 6-27-06: Waiting on report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Substantial Completion with Punch -list complete (F 3) — COMPLLIE - Swale # 2 Regrade;m WM has completed design WM completing Bidding with Annuals. 4- 17 -06; Work Order for Higgins pending 5- 15 -06, NTP — 5 -8 -06 - DN Higgins — Wilson Miller performing construction observation. 6 -12 -06 Completed — need report fran Wilson Miller 6 -27 -06 Completed— need report from Wilson Miller 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7 -06: Final Completion Document Executed (F -2) — COMPI.ETIl — Woodshire Lane Overlay Project — P' Overlay of Woodshire Lane. Committee Approved $48,000.00 for this project. 5 -15 -06 —Work Order — picked up by Contractor — waiting for signature. — Contractor schedule —Mid June to begin. ` 5 -30 -06 ; Construction to begin on 5 -31 -06 field meeting to held. 6 -27 -06: Completed — and final inspection requested. 7 -12 -06 - Craig Pager to meet with Darryl — final completion documentation 8 -7-06: Final Completion Document Executed. (F -1) COMPUII: — Pump Generator — 8-9-06 -Committee voted to rent a generator if its needed in an emergency 10 61l 0. CN �o 'a � � m 0 W"Mnm 3 N os 16 C4 or; O (f) m M.E 7FO C > U) 5, m- m o E ID m ro Lo t o 0 U) 11 va 0 U) > O a-) 0 mm 0 a_ 0 0 w w 0 FU (0) EO 0 E (j (j 0 m U) 0 G6 Q- (0) 0, 0 O.c -ICE > 0 0 (D 0 a w 0 0 (0 0 a 0 fl- 0 0 m C) m 00 C u) CD CM a nm 0001 w C') a 0 It C) C) 6 m M co Or OOOOn 000 CiD CO 04 ci ci N m 0 mm m 0w w 0w W — A > w co My Z Gi C� LL W LL M. . co N. M. 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Approval of Agenda IV. Approval of Minutes- December 11, 2007 V. Landscape Maintenance Report – Advanced Lawn VI. Landscape Architects Report – Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget – Caroline Soto B. Project Manager Report – Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge – Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The February 2008 meeting date to be determined. At Golden Gate Communitv Center Naples, FL I Misc C "�rres Datt '_ �I 1 `em #: _�52. ` e Fiala Hal as Henning Coyle «;oletta AZ-2___ III. IV • 1. 2885 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS Approval of Agenda Richard Sims moved to approve the Agenda. Second by Peggy Harris. Motion carried unanimously 5-0. Approval of Minutes — October 9, 2007 Richard Sims moved to approve the Minutes. Second by Peggy Harris. Motion carried unanimously 5 -0. VI1. Transportation Operations Report A. Current Budget — Caroline Soto distributed Budget report (Attached). Items covered: • Operating Expense Available $150,943.41 • Remaining open P.O.s $91,727.32 Misc Corres: Date: R'.em #: tG. 2885 Horseshoe Drive Naples, FL 34104 MINUTES 161 1A,6 I. Call to order The meeting was called to order at 4:09 p.m. by Chairman Richard Sims. fl. Attendance Members: Peggy Harris, Michael McElroy, Barbara Segura, Richard Sims, Pat Spencer County: Daryl Richard — Project Manager, Tessie Sillery — M.S.T.U. Project Coordinator, Caroline Soto — Management Budget Analyst Others: Mike McGee — McGee & Associates, Dan Mote — Advanced Lawn, Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda. Second by Peggy Harris. Motion carried unanimously 5-0. IV. Approval of Minutes — October 9, 2007 Richard Sims moved to approve the Minutes. Second by Peggy Harris. Motion carried unanimously 5 -0. V. Landscape Maintenance Report — Advanced Lawn Dan Mote reported: • Golden Gate Parkway Palmetto's were cleared • Damage repaired from accident that occurred in front of Pizza Hut • Internal Roadway mowing reduced to twice a month • Golden Gate pest control treatment applied on December 3, 2007 • Collier Blvd. pest control treatment applied on December 4, 2007 • Problem with chili thrips on the Plumbago. Will apply treatments aggressively 1 6 • Possible reduced irrigation 1 day per week 161.1 A Discussions ensued concerning Phase 3 watering restrictions. Darryl Richard reported County has applied for an Exemption on Phase 3 watering restrictions for all Collier County Roadway Landscape Projects. Barb Segura questioned incorporating use of watering trucks into the Budget to prevent loss of Landscaping. Mike McGee responded reuse treated water is permitted. Marco Island is utilizing that process with potable water. Dan Mote reported the watering schedule has been widened to Sunday & Thursday with irrigation checks arranged to take place in- between watering. VI. Landscape Architects Report — Michael McGee A. Landscape Update — Reported the Crown of Thorns missing were due to theft. VII. Transportation Operations Report A. Current Budget — Caroline Soto distributed Budget report (Attached). Items covered: • Operating Expense Available $150,943.41 • Remaining open P.O.s $91,727.32 B. Project Manager Report — Darryl Richard distributed and reviewed the Golden Gate M.S.T.U. Project Status report. (Attached) ➢ (G- 22) Design Process Coronado & Hunter - A quote was requested from Bonness for the asphalt overlay It was suggested to request a proposal for Survey Services to determine what the proper roadway grade would be and using the minimal amount of asphalt required to pitch water to side of the road. Darryl Richard reported Diane Flagg was in disagreement with the request from Road and Bridge to asphalt overlay the entire Roadway length. Mike McGee questioned if there was a policy for Roadway Landscaping beyond what was established in the Master Plan. Noting the Master Plan approved by the Board of County Commissioners indicated installation of curbing only. The survey taken was previously requested for decision - making as it may be not be necessary to complete all sections simultaneously. The Committee asked who was responsible for fixing Roads that were not properly engineered. (Noting it was not the responsibility of the MSTU Beautification Committee) Darryl Richard reported Hunter, Coronado, & Sunshine were not included on the County 5 year Asphalt Plan. Barb Segura questioned issues with Water puddles on the mad during rainy season without the curbing installed was noted as being a safety issue. The requested Bonness quotes would cover: 1. To wedge & pitch away from curb to the sides of the Road 2 VIII. IX. 2. Full resurface & re- striping 1611 Mike McGee recommended incorporating into the Budget sufficient monies to include resurfacing the entire Roadway length. The monies would be used on an as- needed basis. Darryl Richard reported cost factors were not available due to the required asphalt cost & estimate. It was noted Diane Flagg would be working with Road & Bridge and the ATM department to resolve the issue. The direction received from Diane Flagg is to pitch the Road only as necessary to remove water from the roadway. Old Business A. Update on Golden Gate Parkway — Pat Spencer reported the Project would be going to bid and should be installed by summer. Mike McGee recommended the Committee color preference for the pipe be included in the Bridge installation. B. Grants — None C. Master Plan Discussion — Michael McGee Richard Sims announced Commissioner Tom Henning has requested to meet with the Committee to discuss unused MSTU monies from the Golden Gate area. It was agreed to meet in February and would replace the February 12, 2008 meeting. Tessie Sillery will coordinate a meeting date between the Committee and Commissioner Henning's office. D. Design Process for Hunter & Coronado Richard Sims reported the Golden Gate Civic Association Board Members prefer Coronado be completed first. There were concerns regarding speeding and serious accidents that occur on Hunter Blvd. noting Hunter Blvd. is more residential vs. Coronado. It was suggested perhaps the Traffic Department could improve the turn lane from Coronado to flow onto Lucerne Rd. Darryl Richard will contact Road and Bridge Mike McGee suggested creation of "Community Infrastructure Improvements" utilizing unused monies. Noting curbing, fill & asphalt are improvements that are safety issues for the Fire Department, Sheriff Department & the Community. Mike McGee distributed & reviewed Master Plan "revised draft." New Business - None X. Public Comments — None 6 XI. 16/1 A b There being no further business for the good of the County, the meeting was adjourned at 5:37 PM. Golden Gate MSTU A isory Committee Richard Sims, Chairman These minutes approved by the Committee on as presented „/ or amended a- II -13'� The next meeting is scheduled for January 8, 2008 4:00 PM At Golden Gate Community Center Naples, FL C� L z Q O N LL M H L { M LU LL d H v ,Q 0 V z W J O cD O O LL 1611 A .O O rn 0 rn O rn 0 O N OD M O N O O M OV d' O tM1 N � N V a fA 4i fA fA fA fA W EA fA f9 (A 0 0 0 X 0 0 0 0 EV N V V n L0 EO c�m�on o�rnooc+� o rn N o v o r o N M o � co. -rc�io �i co o<or o M O N (O OJ N O r M O L t0 N NO N N OoN N !a io v N r N- W A N O N N N > ~ V V r v a aom�oci wrn n h O N 4J O N O I� N � M N —M N W v c cro v r co ` ui � �IF»va f»»If»If»F»wu C 0 o m o rn o m 0 o N o N m N lV ' E Ln O) V O M V M ui Lri E E 0 F»wei ei Fn of t»e)e 0 0 0 0 o c 0 0 0 0 0 0 O O N O C y N �N MO L G 9Ori (n M Efl N M Efl M fA EA U3 (n I� L N 01 ry N U N « U z�t.Z U d U rn s U C R� U U N - D D� 10 7 d V J U. h w (n Q J J lL F U N C 3 0- o d J m d U U O J N N U V U 2 D Q U N_ O d L LL LL LL�� d O O O O O V 0 0 0 0 0 0 0 0 0 ooDoom'OOO0000 o O O O N o rn 0 0 0 0 0 0 0 0 O rn N rn O N N O O O N O N O 0 N N3 fA M H3 fA fA f9 M E/3 to fA fA H3 fA M co M M m o co 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn O O O O O O O O O O O N O O N O N N N N a aooi fA fA iA fA f9If9 IA fA fA IfA If9 .., f9 EA fA fA fA fA fA V3 fA W fA fA fA Vi f9 (A E9IfA IfA tAIfA IfA �fA fAIYl IfA IfA a w O z �JN Nw N a J C7 Nw o- wWww 2z< �� azz O Nw z �0 z w 0. �2 wc~i��Doo> w�° —vim w wwp ~�gwzw0 >z ¢�No a. �if< of of Q.6 FNzo=>�i 1611 A b December 11, 2007 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G -22) ACTIVE - Darryl - Design Process Coronado & Hunter (Master Plan Draft) 10- 09 -07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched vurb, repave & re- stripe from annual contractor. 12 -1 -07: Pending finalization of master plan. (G -21) ACTIVE ONGOING - Tessie: - McGee & Assoc. Annual Contract: 04 -3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11 -6 -07: County staff has requested McGee to make changes in proposal. 11- 13 -07: Staff received hardcopy of signed Work Order proposal from McGee & Associates. 12- 10 -07: NTP to be sent out - in progress. 12 -11 -07 : NTP sent out with an expiration date of: 12- 10 -07. (G -17) ACTIVE ONGOING - Tessie- Annual Maintenance Contract: #05 -3686; PART I - "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6 -14 -09 7- 28 -05: Notice to Proceed sent to Advanced Lawn Maintenance. 9- 30 -07: End of Fiscal Year. 10- 12 -07: New Fiscal Year PO's issued -NTP (G -18) : AC H V E - Darryl - Hunter & Coronado Project 6- 13 -07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6- 20 -07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (1) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8- 12 -07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do first. 9- 11 -07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10 -9 -07: McGee distributed a "DRAFT" of Updating and Changes to the Master Plan for committee to review and return. 12- 10 -07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. (G -19) ACTIVEONGOING - Tessie - MSTU Member Terms: Richard Sims, Chairman -10 -06 -2010 Barbara Segura, 10 -06 -2010 Pat Spencer, 10 -06 -2009 Peggy Harris, 10 -05 -09 Mike McElroy, 10 -05 -07 - New appt. 10 -9 -2011 9- 10 -07: at the 9 -11 -07 meeting Mr. McElroy resubmitted his application for renewal - to be reviewed by G.G. MSTU at meeting 1611 6 9- 11 -07: Committee recommended Mr. McElroy for vacancy. 9- 20 -07: Memo sent to Filson for Recommendation to BCC. 10 -09 -07 10- 09 -07: BCC — approved recommendation — Mr. McElroy. 10 -9 -07 to 10 -9 -11 (4 year term) (G -20) COMPLETE - Dam l - 951 Part A Refurbishment: Project quoted as per Contract #05 -3686; PART I -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" 9- 12 -07: Notice to Proceed of September 12, 2007 sent to Adanced Lawn PO 4500069221 which has been increased for Part A refurbishment Substantial Completion by Friday, October 12, 2007 10- 12 -07: Project Completed. Project Schedule: Golden Gate MSTU - 951 Part A Refurbishment (under maint contract) PHASE Start - End Date NTP CONST 9/12/2007 30 Day ,Const 10/12/2007 CONST- COMPLETE 10/12/2007 (G -16) COMPLETE — Darryl - The projected date for the Ribbon Cutting Ceremony is June 15TH, preferably and not doing a joint venture with the Association meeting. 5- 08 -07: Golden Gate MSTU Committee request Ribbon Cutting Ceremony. 5- 21 -07: Meeting with Connie Dean, Date is set for Friday, June 15, 2007. Site is Golden Gate Community Center from 10:00 AM to 10:30 AM. We will have support from Committee member Barbara Segura, Working Group Leader. Road & Bridge to set up message boards 6- 15 -07: Ribbon Cutting Ceremony — Sunshine Blvd. (G -15) ('OMPLP "fE - Tessie - The Committee asked Darryl Richard to request a list of priority roads that are set before Sunshine Blvd. to monitor how far down it is on the list toward being done. It was suggested that Sunshine Blvd. be restriped for a single lane to allow for a bike path. 4- 30 -07: Requested information from Road and Bridge. 5 -8 -07: Request to Road & Bridge resent 5- 16 -07: List received from Road and bridge & will bring to committee. (G -10) COMPLE I I - Darryl - Sunshine Boulevard (Irrigation & Landscape ) Hannula Landscape - Preliminary Phase; Need Cost Estimate from McGee & Associates; Project to go out to bid after installation of curbing and lighting is completed. 5 -1 -06; McGee & Asso. has not provided plans (or updated cost estimate) as per Work Order 5- 15 -06: McGee & Assoc., 90% plans received and McGee to provide 100% sign and sealed 5 -25 -06 Committee has been informed at 5 -9 -06 Meeting that curbing will delay bidding on LandscapeQtrigation Phase of Project. 5- 30 -06: Project plans received to be delivered today to purchasing. 7/11/06 : McGee & assoc. needs to revise bid tab. 7/18/06: Purchasing working on getting bid out. 8 -7 -06: Posting 7/28/06 for bidding out. 8- 22 -06: Bids due on September 18, 2006 (2:30 PM), pre -bid meeting on September 6, 2006 (10:00 AM) 8- 31 -06: Project is on schedule with Bid due date of Sept. 18; ES Deadline is Sept 25 for BCC Date Oct. 10 9 -5 -06: McGee confirms attendance at (9 -6 -06) tomorrow's Pre -Bid Meeting at 10:00 AM 9- 12 -06: Bids are due September 18, 2006. 10 -9 -06: Item loaded into Novus for BCC approval on 10/24/06, MSTU Committee to review on 10 -9 -06. 12- 12 -06: Copy of approved contract from Purchasing Department pending. Purchasing, County Attorney, and Risk Management review of contract not complete. 2 161A 6 1 -8 -06: Meeting with Dale Hannula to review project plans. MOT plan required for ROW Permit issue. Notice to Proceed anticipated to be issued January 15, 2007. 1- 17 -07: NTP — pending issue of right of way permit 1- 26 -07: Notice to Proceed sent to Hannula, coordination meeting scheduled for 1 -30 -7. 2- 13 -07: Irrigation is 20% complete 3- 12 -07: Project is 27% Completed. Pump and Well system is installed all mainline and laterals installed. 4- 10 -07: Irrigation is 100% Complete minus adjustments. Planting is progressing. 4- 17 -07: Contractor has indicated that April 20, 2007 Substantial completion inspection ready for irrigation and landscaping. Scheduling of Substantial Completion inspection day pending. 4- 18 -07: Current Schedule to Completion: PHASE Start - End Date NTP CONST: 1/26/2007; CONST 1/26/07 to 5/25/07 (120 days); CONST- COMPLETE: 5/25/2007; Final Completion: 6/14/2007 (advanced to 4 -20 -07 Early finish) (G -14) Completed (Ongoing: Tessic Sillery) — Explanation of Funds from Road & Bridge as per the previous agreement with the MSTU. Funding for 8 mowings for the unimproved section of green and internal roadways is to be transferred to MSTU for payment of 8 mowings and when this funding is used each fiscal year the MSTU pays for the remaining 52 total mowings each fiscal year. 10- 10 -06: MSTU Committee Chairman request further explanation. 11- 14 -06: Committee provided information regarding mowing that Road & Bridge fund pays for mowing up to 8 mowings and then MSTU Fund takes over for the remaining mowings for a total of 52 mowings peryear (one mowing per week). 1- 17 -07: Item Re- Opened to confirm information for report to Committee. 2- 13 -07: Asked R &B to give us the cost per mowing for a total of square feet needing robe mowed. They mow at every 6 week intervals. 4- 10 -07: 112 Report provided to committee for total amount of non -MSTU funding for internal roadways mowing. ( G -11) COMPLETE— Darryl - Sunshine Boulevard (Curbing, Asphalt, and Lighting) - GOES TO BCC ON SEPT 27, 2005; Construction Cost: BONNESS, INC.: $301,691.31; Materials Cost - Lighting: Lumen: $25,380.00 3 -06 -06 — Curbing 20% installed, Asphalt 100% installed, overall project 60% complete. Change Order # I — Pending.- waiting on contractor signature. — Need electrical drawings from McGee /Contractor. 4- 17 -06; Bonness is 100% complete for curbing; Lighting Engineering Plans are under review. 4- 17 -06; McGee is responding to review. 5 -1 -06; Brininess has applied for payment for work completed; McGee & Asso. has not provided revised plans as per Traffic Operations Request. 5- 15 -06; McGee electrical plan submittal rejected by Bob Tipton 5- 15.06: Plans do not meet FDOT roadway lighting and/or pedestrian lighting. McGee & Associate insist that lighting is only for accent not roadway lighting. Diane Flagg request —Pam L., B.Tipton, McGee to have a meeting and Chairman will be invited. 5 -15 -06 Curbing — Cracks found in curbing - Road and Bridge has rejected 75 % on curbing — installation does not meet FOOT standards. 5 -30 -06 — Scheduling meeting with McGee — June 5", Rhonda Cummings invited also. 6- 12 -06- Contractor has been notified of deficiencies and quantities needed to replace defective curbing. 6- 27 -06; Contractor notified staff that they will repair defective curbing. 7- I8 -06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed to 6' offset for the lights. 8 -07 -06 8- 07 -06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed to 6' offset for the lights. 8- 22 -06; David Crosby of Bonness confirms that crews will be back on project after completion of Immokalee curbing project anticipated date is September 22, 2006 for demolition/construction of new curbing for Sunshine Project. 9- 12 -06: As per agreement with Project Manager, Bonness, Inc. David Crosby, Bonness will commence work on project to replace all defective curbing on September 18, 2006 and be finished by 30 days after that date (October 18, 2006). Installation of the Lights is concurrent with this schedule and is to be completed by October 18, 2006. 9- 22 -06: Meeting with Contractor Bonness to confirm 30 day completion from September 18 and work to be performed by Electrical Subcontractor 10- 18 -06: Staff informed that Bonness, Inc. is delayed. 12- 12 -06: Buttress is 100% complete for demolition of defective curbing. Bonness is 95% complete with re- installation of new curbing to replace defective curbing. December 22, 2006 is Bonness completion date. Lighting installation scheduled for completion after curbing is 100% complete. 1 -3 -06: Curbing re- installation completed 1 -8 -06: Coordination Meeting with Kent Technologies regarding boring operations and locates for utilities. Landscape Contractor Dale Hanula present to review locations for sleeves and review project plans. 1- 23 -07: John Miller meeting with Kent Tech.; J. Miller confirms break -away coupling is not required. 16/1 1- 24 -07: Meeting with Mitch Riley to confirm that Contractor can cut away asphalt to install sleeve. 1- 24 -07: Road & Bridge sends punch -list to Bonness for project. Curbing 100% completed minus punch -list items. 3- 12 -07: Bonness will be re- mobilizing on 3 -14 -07 to address identified punch -list items. 3- 20 -07: Road & Bridge (Mark Lindsay) signs off on curbing project punch -list items. Via email sent 3- 20 -07. 3- 26 -07: Final Inspection Called for by Staff. Inspection time /date TBD. 4- 10 -07: Traffic Operations request that concrete pole at 2& Place be re- installed by Bonness as they knocked it down. 4- 13 -07: Bonness, Inc. contacted FPL for re- installation of light pole. FPL will re- install light pole. 4- 17 -07: Final Payment to Bonness processed. ( G -13) COMPLF'I L Explanation of Budget Line (on old Fund 136 Report) Item: 'Transfer To Unicor MSTD (111) - MSTU Admin Services' in the amount of $21,400.00 for each fiscal year. 10- 10 -06: MSTU Committee Chairman request further explanation. 12- 12 -06: Request by Committee that Budget Analyst provide details, Budget to attend 1 -9 -06 meeting. 1 -17 -07 : Diane Flagg - explained with a spreadsheet on how the msm is charged. ( G -12) COMPLETE - Surplus Soil investigated as per Committee Chairman request. 9- 12 -06: Pam Lulich, Project Manager reports that all surplus soil material is being used on current projects and that there is no extra for Golden Gate MSTU Committee. (G -9) - CANCELLED - Old Sign Replacement - Disposal of old sign'By County' and proposal for new sign is under review; Committee Approval Required; Quotes Received: Signs and Things: $8,425.00;SignCraft $6,440.00; Lykins Signteck: $3,550.00 (G- 8) - COMPLEFE Surplus Landscape Material Project- Planting of Live Oaks in Ligustrum as per recommendations by Mike McGee and Committee approval - 7 -11 -06 7 -14 -06 - received list of plants from McGee 7 -18 -06 : Updating Villa and Son Quote for Request for Purchase 7- 27 -06: NTP given to CLM - to work with Bob Petersen 8- 22 -06: Plantings are completed. Current Maintenance Contractor coordinating with Irrigation Project Manager and CLM for watering plants. (G -7) COMPLL'I F- Ped Shelter Bench -Wood Slat Replacement- Preliminary Phase; Mike McGee is obtaining quotes from vendors. Just received quote from RCP For purchase on 1/6/06. Request to purchase to be submitted on 1/9/06. (G -6) COMPLETE - ;Medians 1, 2, and 3 Paver Installation -Work Order BOC-FT- 05 -02; NTP Issued to Bonness on 8- 8-05 (85 day completion); Construction Cost: $11,117.63. (G -5) COMPLE "It'. - 11 -1 -05 - Landscape Renovation (Golden Gate Parkway Medians); Funding Approved for $14,091.30; Asper Contract 05 -3686, Estimate received from Advanced Lawn for Total Construction Cost of $14,091.30. Committee Approved Estimate on September 12, 2005. (G -4) - COMPLE "IE; Non MSTU Project - Traffic Operations Project; Project Manager, Frank Mattic (G -3) -90% NON -MSTU PROJECT - COMPLETE - 951 Median Modification - Turning Lane Project -60% Complete; Phoenix Construction is waiting on paver order. Mark Burchin - Right of Way - is reviewing for compliance as per R/ W permitting procedure. 3- 20 -06- Request for additional information - no report update 5 -1-06; Inspection and photo documentation required prior to approval of contractors work. 5- 15-06; completed and pavers have been installed 5- 30 -06: completed. (G -2) - COMPLETE- Maintenance Contract Bidding- On Going; Bid 05 -3686 NTP July 28, 2005 to Advanced Lawn. (G -1) - COMPLEIE- Interim Maintenance - Advanced Lawn; PO number 4500044020 open for $15,765.00 (GO Pkwy Medians); PO 4500044021 for $18,271.00 (951 Part A and B). " CEIVED Z 14 2008 o! County Commissioners 1611 A ? November 19. 2007 ala 4kly ht' ±aias ✓-Y-�� — lenning -iott t7 MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, November 19, 2007 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Division Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Jennifer Hecker VICE CHAIRMAN: Christian Spilker(excused) Dr. Maureen Bonness Dr. Judith Hushon Roslyn (Roz) Katz Dr. Christian Mogelvang(excused) Jeffery A. Carter(excused) Bonnie Michaels Kevin McGowan Elizabeth Keller(excused) OTHERS PRESENT: Laura Roys, Sr. Environmental Specialist Jeff Wright, Assistant County Atty. J(.r 16 11 p 7 November 19, 2007 L Call the Meeting to Order The meeting was called to order at 9:15 A.M. by Chairman Hecker. Roll call was taken, and it was determined no quorum was present. Jeff Wright, Assistant County Attorney provided a briefing of County Policy and Roberts Rules of Order regarding meeting procedures and attendance requirements. The following points were noted: • The Habitat Conservation Plan Advisory Committee consists of 13 members by Resolution. 7 members must be present to constitute a quorum; a member present by teleconference may not be counted for the purposes of a quorum but may participate if agreed upon by the members present at the meeting • Without the presence of a quorum the meeting should be called to order and adjourned • Without the presence of a quorum discussion is allowed with no formal action; he cautions on this as these types of activities could lead to "conducting business" • Staff may not be directed to complete tasks without the presence of a quorum • Reviews of memos or documents may occur with comments noted by Staff • The agenda may not be recognized or followed • The Chairman must determine if absences are satisfactory (excused) or unsatisfactory (absent) • The Habitat Conservation Plan Advisory Committee rules state that if any member misses two consecutive meetings or one -half of the meetings in a year, without a satisfactory excuse , the members position may be declared vacant by the Board of County Commissioners • County Advisory Board Rules state that if a member is absent for two consecutive meetings without a satisfactory excuse acceptable to the Chairman, the Chairman shall state this fact at the next meeting and thereafter notify in writing the Executive Manager of the Board of County Commissioners • The Committee cannot set Sub - Committee meeting dates without a quorum present; the Sub - Committee can set their own meeting dates at a legal meeting It was noted that no Sub - Committee meetings are scheduled at this time. Mr. Wright recommended Staff provide available dates for Sub - Committee meetings and forward those dates by email so the Sub - Committee's can conduct business. He will review the Sunshine Law and if this procedure is not allowed, he will contact Staff. He further recommended with a Sub - Committee quorum present, they set there own meeting dates. Documents reviewed 1. Response to Kate English memo dated October 1, 2007 2. Immokalee Master Plan and Visioning Committee Letter dated September, 25, 2007 3. Habitat Conservation Plan Question and Answer Sheet 16 lil 2 p ? November 19, 07 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:20 A.M. Habitat Conservation Plan Advisory Committee `d4�f h AsneN�-'J �[1R12 VM1ani These minutes apprr ed by the Board /Committee on d7 8 as presented ✓ or as amended RECEIVED MAR 14 2008 RcNro of County COMMI551011ers 1611 A December 17, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, December 17, 2007 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having Conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Division Conference Room 9609/610, 2800 N. Horseshoe Drive, Naples, Florida, With the following members present: CHAIRMAN: Jennifer Hecker (excused) VICE CHAIRMAN: Christian Spilker Dr. Maureen Bonness Dr. Judith Hushon Roslyn (Roz) Katz Dr. Christian Mogelvang Jeffery A. Carter Bonnie Michaels Kevin McGowan (excused) Elizabeth Keller (excused) Msc Durres Date 'QM ALSO PRESENT: Jeff Wright, Assistant County Attorney Kirsten Wilke, Environmental Services IT --- Henning -;oyle - [ ;oletta RECEIVED MAR 14 2008 RcNro of County COMMI551011ers 1611 A December 17, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, December 17, 2007 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having Conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Division Conference Room 9609/610, 2800 N. Horseshoe Drive, Naples, Florida, With the following members present: CHAIRMAN: Jennifer Hecker (excused) VICE CHAIRMAN: Christian Spilker Dr. Maureen Bonness Dr. Judith Hushon Roslyn (Roz) Katz Dr. Christian Mogelvang Jeffery A. Carter Bonnie Michaels Kevin McGowan (excused) Elizabeth Keller (excused) Msc Durres Date 'QM ALSO PRESENT: Jeff Wright, Assistant County Attorney Kirsten Wilke, Environmental Services December 17,107 I. Call Meeting to Order The meeting was called to order at 9:13 AM by Vice Chairman Spilker. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Ms. Katz moved to approve the agenda subject to the following changes: Taking up item VI.b, Review and Recommendation of Member Applications (Crooks and Cravens) and item XI Setting of Next Meeting Date first. Second by Ms. Michaels. Carried unanimously 7 -0. IV. Approval of Minutes: September 12, 2007 Dr. Hushon moved to approve the September 12, 2007 minutes. Second by Ms. Katz. Carried unanimously 7 -0. Dr. Hushon moved to approve the October 8, 2007 minutes. Second by Ms. Bonness. Carried unanimously 7 -0. V. Old Business a. Approval Q &A sheet Dr. Hushon moved to approve the Habitat Conservation Plan Question and Answer sheet. Second by Ms. Katz. Carried unanimously 7 -0. b. Response to Kate English Memo regarding an HCP for the Immokalee Urban Area Ms. Katz moved to approve the response dated 121712007, last revised 12112107 subject to the following change: Page 2, item #5 response to read "The ESA requires developers to be compliant with its provisions. The IAMP cannot allow uses that would be illegal under this federal law. With an HCP, with the County as permittee the County would assume Federal authority to implement and enforce the ESA provisions. This authority would likely be formalized via a Memorandum of Understanding (MOU) with the Fish and Wildlife Service. This MOU would have the affect of protecting the County from Bert Harris claims. Second by Mr. Carter. Carried unanimously 7 -0. Ms. Katz moved to change the memo date to 12117/07 and remove the revision dates. Second by Dr. Hushon. Carried unanimously 7 -0. e. Approval of Memo to the Immokalee Master Plan and Visioning Committee Dr. Hushon moved to approve the memo dated 11119107 with the stipulation that the document be dated 12/17/2007. Second by Mr. Carter. Carried unanimously 7 -0. December 17, 2007 VI. New Business a. Selection of New Chair and Vice Chair Dr. Judith Hushon was nominated as Chairman of the Committee. Dr. Maureen Bonness was nominated as Vice Chairman. b. Review of Recommendations of Member Applications (Crooks and Cravens) Dr. Hushon moved to accept the applications and recommend Amber Crooks and Tom Cravens for appointment to the Habitat Conservation Plan Advisory Committee. Second by Ms. Katz. Carried unanimously 7 -0. VII. Subcommittee Reports a. RCW Subcommittee None b. HCP Options Subcommittee A subcommittee meeting was held December 12, 2007 and the minutes were submitted for review. Discussion occurred on HCP Committee strategy and its goals and relationship to the Immokalee Master Plan and Visioning Committee. Jeff Wright, Assistant County Attorney noted the end dated for the Committee is January 24, 2009. The HCP Options Committee will formulate a "HCP 101" Power Point Presentation at the 1/08/08 meeting to be presented to the Immokalee Master Plan and Visioning Committee at their January meeting. A tentative date for a report back to the Board of County Commissioners was set for May of 2008. c. HCP Alternatives Subcommittee None VIII. Public Comments Jacqueline Toemmes of Wilson Miller appeared before the Committee requesting clarification on what the feasibility aspect of the report will cover. Dr. Hushon noted the report will address the land area covered, species to be identified and covered and recommend the feasibility of a Habitat Conservation Plan to the Board of County Commissioners. Jeff Wright, Assistant County Attorney cited the elements in the Board of County Commissioners resolution which are Geographical scope, species associated with the Geographical Scope, types of activities impacting activities including County infrastructure needs, financial impacts of multi species HCP's, community support of HCP's and HCP alternatives if HCP's are not deemed feasible. IX. Committee General Comments None X. Staff Comments None 1611 A i December 17, 2007 XI. Setting Next Meeting Date a. January 28, 2008 Dr. Hushon moved to set the next regular meeting date of the Committee for February 27, 2008. Second by Ms. Katz. Carried unanimously 7 -0. Dr. Hushon moved to set a meeting date for the Options Subcommittee for January 23, 2008. Second by Ms. Katz. Carried unanimously 7 -0. Dr. Hushon moved to set a meeting date for the Options Subcommittee for January 8, 2008 from 1:30 — 4:30. Second by Ms. Katz. Carried unanimously 7 -0. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:46 A.M. Habitat Conservation Plan Advisory Committee � ,k . ,,�cchairman These minutes approv d by the Board /Committee on �% o y as presentedor as amended 16 RECEIVED February 27, n08 MAR 14 2008 3ubrf of Coumy Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY HABITAT CONSERVATION PLAN ADVISORY COMMITTEE Naples, Florida, February 27, 2008 LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room 4609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr.Judith Hushon VICE CHAIRMAN: Dr. Maureen Bonness Jennifer Hecker Christian Spilker (absent) Roslyn (Roz) Katz Dr. Christian Mogelvang Jeffery A. Carter (absent) Bonnie Michaels (absent) Kevin McGowan (excused) Elizabeth Keller Amber Crooks Tom Cravens Misc Corres Date. 'sm 4 ALSO PRESENT: Laura Roys, Sr. Environmental Specialist Kirsten Wilkie, Environmental Specialist 7 1611 A 7 February 27, 2008 I. Call Meeting to Order Without a quorum present, Chairman Hushon called the meeting to order for "discussion" at 9:10 AM The Committee was advised by Principal Environmental Specialist Barbara Burgeson to wait until a quorum was established before calling the meeting to order. Mr. Cravens introduced himself as a new member to the Committee. Ms. Crooks introduced herself as a new member to the Committee. Chairman Hushon circulated the minutes of the Joint Meeting of the Habitat Conservation Plan Advisory Committee and Immokalee Master Plan Visioning Committee Representatives held on February 13, 2008 for discussion. Jennifer Hecker arrived at 9:25 AM establishing a quorum. The meeting was again called to order at 9:25 AM by Chairman Hushon. II. Roll Call Roll call was then taken and a quorum was established. III. Approval of Agenda Dr. Bonness move to approve the agenda. Second by Ms. Hecker. Carried unanimously 7 -0. IV. Approval of Minutes: November 19, 2007 and December 17, 2007 Dr. Bonness moved to approve the minutes of the November 19, 2007 meeting. Second by Ms. Crooks. Carried unanimously 7 -0. Dr. Bonness moved to approve the minutes of the December 17, 2007 meeting. Carried unanimously 7 -0. V. Old Business None VI. New Business a. Review and Recommendation of Member Application (Antonios Kokkinos) Dr. Mogelvang arrived at 9:30 AM Ms. Katz moved to recommend the approval of Member Application submitted by Antonios Kokkinos to the Board of County Commissioners. Second by Mr. Cravens. Carried unanimously 8 -0. 1611 A i February 27, 2008 VII. Subcommittee Reports a. RCW Subcommittee None b. HCP Options Subcommittee The Committee reviewed the minutes from a Joint Meeting of the Habitat Conservation Plan Advisory Committee ( HCPAC) and the Immokalee Master Plan and Visionary Committee (IMPVC) representatives that was held on February 13, 2008. It was noted that under item 3, Trish Adams of the United States Fish and Wildlife Service (USFWS) will be placed on the agenda to discuss Habitat Conservation Plans. Kirsten Wilkie, Environmental Specialist reported that Trish Adams was concerned with the timing of the meeting within the process and would not be attending and recommended a joint meeting with the Army Corp of Engineers, USFWS and HCPAC to discuss the process before appearing before the IMPVC. A discussion ensued noting that the purpose of the meeting with the Immokalee Master Plan and Visionary Committee (IMPVC) is a general information meeting and would provide answers on technical details of funding, etc. of HCP's and that Trish Adams has already committed to the date. Some of the questions will require answers from the USFWS. Further, the item is to be placed on the agenda for the meeting and it is important that a representative from the USFWS be present. Kirsten Wilkie placed a telephone call to the Spencer Simon of the United States Fish and Wildlife Service (USFWS) in the presence of the Committee at 9:40AM. Ms. Hecker spoke with Spencer Simon outlining the Committee's concern at the "cancellation" of Trish Adams appearance at the IMPVC meeting. After a brief discussion of the issues, Mr. Simon stated that a representative from the USFWS would be present for the March 19, 2008 IMPVC meeting and the USFWS will be preparing a customized presentation based on Immokalee's unique features. Based on timing, the presentation may not be available to the HCPAC members before the meeting. Dr. Hushon stated she would contact Trish Adams of USFWS prior to the meeting. Dr. Hushon noted that the CityGate Development has prepared an HCP and suggested that various individuals or parties involved in the formulation of the Plan appear before the HCPAC for informational purposes. The Committee requested that Staff arrange for someone to address the Committee on the status and process involved with Community Re- Development Agency funds. 161 1 A j February 27, 2008 The Committee noted that some member terms may be expiring in 2008 and requested Kirsten Wilkie e -mail members their terms of expiration and request a determination if they will be re- applying for membership when applicable. c. HCP Alternatives Subcommittee None VIII. Public Comments None IX. Committee General Comments None X. Staff Comments None XI. Setting Next Meeting Date Ms. Hecker moved to set the next Committee Meeting date fir March 12, 2008. Second by Mr. Cravens. Carried unanimously 8 -0. Ms. Hecker moved to set the meeting date for Committee Meetings to the fourth Wednesday of the month (beginning with the April meeting). Second by Ms. Katy Carried unanimously 8 -0. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:41 A.M. Habitat Conservation Plan Advisory Committee Dr. Judith Hushon, Chairman These minutes appfr �ved by the Board/Committee on / 0 as presented ✓ or as amended - !enniny. h-;pletta 1611 AGENDA A Sue Filson Executive Manager Admin Bldg 3 COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT •9.15 AM • WEDNESDAY, MARCH 19, 2008 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA. NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL /ATTENDANCE 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: December 19, 2007 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT 5. OLD BUSINESS: ➢ JT's Island Grill & Gallery update ➢ Frances Hodge Community Center update 6. NEW BUSINESS: ➢ Distribution of 2008 Sunshine Amendments & Code of Ethics information ➢ Invitation to comment on Sprint Spectrum LP Tower Site ➢ Review & Recommendation of Member Application (Woodward, Craig) 7. DISCUSSION OF ADDENDA 8. ANNOUNCEMENTS 9. ADJOURN Misc. Corres. Date.—_ 'em #:_�ULI U I1fL F/ Historical /Archaeological /Agenda F�1 y i I AGENDA A Sue Filson Executive Manager Admin Bldg 3 COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT •9.15 AM • WEDNESDAY, MARCH 19, 2008 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA. NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL /ATTENDANCE 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: December 19, 2007 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT 5. OLD BUSINESS: ➢ JT's Island Grill & Gallery update ➢ Frances Hodge Community Center update 6. NEW BUSINESS: ➢ Distribution of 2008 Sunshine Amendments & Code of Ethics information ➢ Invitation to comment on Sprint Spectrum LP Tower Site ➢ Review & Recommendation of Member Application (Woodward, Craig) 7. DISCUSSION OF ADDENDA 8. ANNOUNCEMENTS 9. ADJOURN Misc. Corres. Date.—_ 'em #:_�ULI U I1fL F/ Historical /Archaeological /Agenda F�1 16 1 1 A Becember 19, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, December 19, 2007 LET IT BE REMEMBERED, that the Collier County Historical /Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room 9609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi William Dempsey (excused) Thomas Franchino Patricia Huff Sharon Kenny John Thompson ALSO PRESENT: Melissa Zone, Principal Planner Jeff Wright, Assistant County Attorney Cheri Rollins, Zoning Dept. 161lA 8 December 19, 2007 1. Roll Call/Attendance: The meeting was called to order at 9:17 AM by Chairman Elizabeth Perdichizzi. Roll call was taken and a quorum established. Addenda to the Agenda: 1. John Thompson added - #7 - discussion to Honor Arthur R. Lee, whose contributions have greatly enhanced archaeological and historic preservation in Collier County and established the Historical / Archeological Preservation Board. 2. Melissa Zone proposed a discussion on re- wording and clarification in LDC Amendments and updates. 3. Approval of Minutes: November 21, 2007 Tom Franchino moved to approve the Minutes of November 21, 2007 as presented Second by Sharon Kenny. Carried unanimously 5 -0. 4. Department of Zoning and land Development Review Report: Melissa Zone reported attending the Planning Commission concerning regulations of HAPB that were not in place when re- codification of LDC took place in 2004. Clarification was needed and will be brought back to the Board with copies to each member within the next 2 months with modifications if needed. One area which was not in the original was a mechanism to deal with violators at digs and to provide stop work orders. Discussion followed on incidences where procedures for training County inspectors were needed to recognize materials discovered in excavation sites. Melissa Zone will look into why that training has not moved forward along with who would do the training and who would be notified if artifacts were found. 5. Old Business: A. Recap of Nehrling's Tropical Garden – Naples Zoo Historical Designation — With Report from Naples Zoo Board. Sharon Kenny, a member of the Zoo Board reported that she was not able to attend the Zoo Board's end -of -the -year meeting and this item was not taken up due to their extensive agenda. Her report will be on the next agenda. Melissa Zone reported the Zoo Board had received the final draft. Since a tree survey had been requested, Melissa announced that Wilson Miller will be mapping through the GPS system, each of the trees and its coordinates. These will be documented for all departments use. The report will attach to the resolution along with HAPB's recommendation. Any objections from the Zoo Board would have to be presented to the BCC. Final copies will be distributed to HAPB. 6. New Business: None 1611 A (� Dep�ber 19, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, December 19, 2007 LET IT BE REMEMBERED, that the Collier County Historical/Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi William Dempsey (excused) Thomas Franchino Patricia Huff Sharon Kenny John Thompson ALSO PRESENT: Melissa Zone, Principal Planner Jeff Wright, Assistant County Attorney Cheri Rollins, Zoning Dept. E*C eiexL, 2007 1. Roll Call/Attendance: The meeting was called to order at 9:17 AM by Chairman Elizabeth Perdichizzi. Roll call was taken and a quorum established. 2. Addenda to the Agenda: 1. John Thompson added - #7 - discussion to Honor Arthur R. Lee, whose contributions have greatly enhanced archaeological and historic preservation in Collier County and established the Historical / Archeological Preservation Board. 2. Melissa Zone proposed a discussion on re- wording and clarification in LDC Amendments and updates. 3. Approval of Minutes: November 21, 2007 Tom Franchino moved to approve the Minutes of November 21, 2007 as presented Second by Sharon Kenny. Carried unanimously 5 -0. 4. Department of Zoning and land Development Review Report: Melissa Zone reported attending the Planning Commission concerning regulations of HAPB that were not in place when re- codification of LDC took place in 2004. Clarification was needed and will be brought back to the Board with copies to each member within the next 2 months with modifications if needed. One area which was not in the original was a mechanism to deal with violators at digs and to provide stop work orders. Discussion followed on incidences where procedures for training County inspectors were needed to recognize materials discovered in excavation sites. Melissa Zone will look into why that training has not moved forward along with who would do the training and who would be notified if artifacts were found. 5. Old Business: A. Recap of Nehrling's Tropical Garden – Naples Zoo Historical Designation — With Report from Naples Zoo Board. Sharon Kenny, a member of the Zoo Board reported that she was not able to attend the Zoo Board's end -of -the -year meeting and this item was not taken up due to their extensive agenda. Her report will be on the next agenda. Melissa Zone reported the Zoo Board had received the final draft. Since a tree survey had been requested, Melissa announced that Wilson Miller will be mapping through the GPS system, each of the trees and its coordinates. These will be documented for all departments use. The report will attach to the resolution along with HAPB's recommendation. Any objections from the Zoo Board would have to be presented to the BCC. Final copies will be distributed to HAPB. 6. New Business: None A Decembe8,2007 7. Discussion of Addenda: 1. John Thompson requested the HAPB petition the County Commissioners to pass a resolution recognizing the significant contributions to the County made by Arthur R. Lee, one of which was as the founder and first President of the Archaeological/Historical Preservation Board. Mr. Thompson has requested the support from the S.W. Florida Archaeological Society, the Museum and several other similar Boards to support this effort. He offered to help draft the document and provide background information for it. Discussion followed and Assistant County Attorney, Jeff Wright, was consulted on how to proceed. John Thompson moved that IIAPB request the Collier County Commissioners to pass a resolution honoring Arthur R. Lee for all his contributions to the County; to the Museum; to the Archeology Lab and to the rules the 11APB operates by and that John Thompson will offer his assistance. Sharon Kenny suggested that a letter to the editor with Mr. Lee's picture be sent at the time the resolution is passed. Betsy Perdichizzi spoke of Mr. Lee's contribution as narrator of a video produced by the Marco Island Historical Society on the exposition of the Marco Cat. This video is used in the Public Schools. Melissa Zone requested copies of all such pertinent material information which she will attach to the Executive Summary. 2. This Addenda item was previously covered under Item 4. Melissa Zone announced two Historic Designations brought in by Patty Huff for 2008. She also announced the advertisement for the vacated position on the HAPB left by Ardevan Moeveni. Betsy Perdichizzi announced two upcoming events on Marco Island, sponsored by the Florida Humanities Council and the Florida Division of Cultural Affairs: 1. January 8, 2008, at Mackle Par at 7:30 PM- Art Interpretation Series — to benefit the proposed museum to be built on Marco Island. 2. January 10, 2008 — Marco Island Historical Society Field Trip at Otter Mound Preserve. Patty Huff told of events that had happened in Everglades City: • The Celebration of the 60`h anniversary of the Everglades National Park in which she was asked to give the invocation. • A talk by Larry Perez on December 12 • Upcoming event: April 26 -27 - 80`h Anniversary of the opening of Tamiami Trail She also brought prints of commissioned paintings by Jerry Velez, depicting 1 December 19, 2007 various historical places in Everglades City, which are being sold at the museum. The Historical Society provided the originals to be hung in the Museum. Sharon Kenny inquired about the status of the scenic de- designation of Tamiami Trail. The response was that the MPO voted to de- designate, supported by the Mayor of Everglades City. It has not been sent up to the State yet. The next meeting is January 16, 2008 at 9:15 AM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:00A.M. Historical/Archaeological Preservation Board Chairman, Elizabeth Perdichizzi These minutes were approved by the Board/Committee on as presented , or as amended MEMORANDUM DATE: January 4, 2008 TO: Melissa Zone, Principal Planner FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Historical/Archaeological Preservation Board 1611 1z As you know, we currently have a vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Craig R. Woodward 1061 S. Collier Boulevard, Ph -I Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time- 8arne, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application 16 1 A:, Flson_s From: cwoodward @wpl- legal.com t: Thursday, December 27, 2007 9:35 AM filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 12/27/2007 9:34:57 AM. Name: raig R. Woo dwar Home Phone: 39- 394 -5845 Home Address: 11061 S. Collier Blvd Ph -1 City: arco Islan Zip Code: U41451 Phone Numbers Fax: 39 -642 -640 Business: 39- 394 -5161 • e-Mail Address: woodward 1 -le also Work Place: Woodward, Pires & Lombardo, P.A Law Firm How long have you lived in Collier County: 6orc than 15 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: istoric /Archaeolo ical Preservation Boar Category: aw / Urban Plannin Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? • Please list Page 1 of 2 Naples Daily News Citizen of Year for Marco Island 2007, Past President Marco Island Chamber of Commerce, Past President Marco Island YMCA, Past President Marco Island Sunrise Rotary,, Winner of 2007 "Dancing with the Stars Program" by raising the most money ($396,000 toward the construction of the new Marco Island Historical Museum), Director and member of various other 12/27/2007 Advisory Board Application 6 � 6 1 f $ '� Pa ge 2 of 2 jq E \J organizations (Film Festival, American Cancer Society, Tommie Barfield SAC, , and ly on the facilities committee for the Marco Island Historical Society dealing with the design ,struction of the new museum. Education: rucati of Naples High School 1974, University of Florida - degree in Finance 1977, University of lorida - Doctor of Law 1980, Certified b the Florida Bar in Real Estate Law since 1993 resident of Marco Island since 1968, practicing attorney in Collier County since 1980, President of orth Marco Utility (sewer transmission company) and Owner of First Title and Abstract, Inc (title ompany). In addition to residing on Marco Island I also own a home in Everglades City and reside ere on weekends. I am very interested in the history of Collier County and for a number of years have ead a 1/2 day historical tour of the Island for the Leadership Marco classes (sponsored by the Marco hamber of Commerce). In addition I have spoken on "The Development of Marco Island before the ackles Brothers" to several local groups. 12/27/2007 h lla Halas Henning.. `;oyle 1611 A 9 February 11, 2008 RECEIVED MAR 12 2008 t3oaw of County commissronem MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, February 11, 2008 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN VICE CHAIRMAN Bill Poteet Will Kriz Marco Espinar Wayne Jenkins Kevin Kacer Michael Delate Tony Pires Stan Weiner Mimi Wolok ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney Cindy Erb, Real Property Management Alexandra Sulecki, Conservation Collier Coordinator Melissa Hennig, Principal Environmental Speci t� ,,,es, Claudine Auclair, Principal Planner, Trans Department Date. 1 � \� PS^ 1611 A 9 February 11, 2008 I. Roll Call The meeting was called to order at 9:02AM by Chairman Poteet. Roll call was taken and a quorum was established. II. Approval of Agenda Mr. Espinar moved to approve the agenda subject to the following changes: New Business - item V.E be heard before item V.D New Business — addition of item I, Minority Opinion discussion Second by Mr. Kriz. Carried unanimously 9 -0. III. Approval of January 14, 2008 Minutes Mr. Delate moved to approve the Minutes of the January 14, 2008 meeting. Second by Mr. Jenkins. Carried unanimously 9 -0. IV. Old Business: A. Real Estate Services Update — A - list properties Cindy Erb of Real Property Management provided the following updates: Fleischmann North — The acquisition will not interfere with any Grants or permits in place. The appraised value is $56, 300. Winchester Head — To date 12 of parcels have been acquired totaling 15.3 acres and 20 parcels are under contract totaling 28.45 acres Cycle 4 — Awaiting the appraisal on the Hamilton Parcel. Also awaiting responses on the RJS, LLC parcel to proceed with appraisals. Cycle 5 — "Still interest' letters have been out for all parcels except Camp Keais which will be sent out this week. Alex Sulecki, Conservation Collier Coordinator provided the following information: 1. Pepper Ranch — The Committee reviewed an advertisement from the newspaper regarding an Public Informational Meeting and an e -mail from Tom Taylor of Pepper Ranch to the Committee regarding the re- designation of a portion of the property from Open Space to the Habitat Stewardship Area. A discussion ensued regarding the status of the application as well as any issues associated with it and the Committee determined that the issue should be placed on the next agenda for review. 2. Submittal of an updated Cycle 5 Approved Acquisition List dated January 29, 2008. 3. An introduction of Claudine Auclair of the Transportation Department who noted that the Department is in the process of completing a study on a new 1611 A g February 11, 2008 Trail Corridor system which would run from the Collier County to Lee County. The trail will be 12 feet in width pedestrians and non motorized vehicles (other than maintenance and emergency services). The Pepper Ranch parcel is within the area of interest of this proposed corridor with the final study being completed by September of 2008. Alex Solecki has been added to the Stakeholder list for the Corridor list and will keep the Committee informed on the progress of the study. B. Contracts 1. Winchester Head None V. New Business A. Staff Report — BCC — approval of AAL Alex Solecki provided the Cycle 5 acquisition list approved by the Board of County Commissioner's on 1/29/08. She noted the following: • The Devisse and Dyches parcels were moved from the A list to the C list • The Devisse parcel has been re- nominated for Cycle 6 • I -75 properties were moved from the A list to the B list • Camp Keais Strand was moved from the C list to the A list B. Staff Report — Appointments for Conservation Collier Committee Alex Sulecki noted that Bill Poteet, Tony Pires and Jeff Curl were appointed to Conservation Collier Land Acquisition Committee by the Board of County Commissioners on 1/29/08. Mr. Curl will begin his term in March. She thanked Stan Weiner for his service on the Committee and looks forward to working with him on future issues with the Collier County Soil and Water Conservation District. She further noted that Sue Filson, Executive Manager to the Board of County Commissioners sent out a letter in error referencing the appointments. Alex Sulecki provided a flow chart for the procedure for the Collier County Land Acquisition Committee, a copy of the Purchase Policy and noted that at the next meeting there will be an election of officers and a review of the Sub - Committee memberships. C. Letter of Thanks to the CREW Trust for Starnes Partnership Alex Sulecki provided a draft letter from William Poteet, Jr. to Crew Land & Water Trust for the Partnership in the purchase of the Starnes parcel. Mr. Pires moved to approve the letter. Second by Mr. Delate. Carried unanimously 9 -0. The Committee noted that the Board of County Commissioner's and Brenda Brooks, Executive Director of the Crew Land Trust should be sent a copy of the letter as well as the others listed. February 11, 2008 E. Outreach Subcommittee Recommendations for Cycle 6 Target Areas Mr. Kacer moved to approve the recommendation of the Subcommittee to target properties for acquisition adjacent to properties already owned within the program. Second by Mr. Jenkins. Carried unanimously 9 -0. D. Cycle 6 applications Alex Solecki presented a document entitled "Conservation Collier Cycle 6 Willing Sellers" and reviewed the requirements of the Conservation Collier Ordinance. The properties on the list are as follows: Can -Do Corp. (Noe) — 2 parcels - Purple Martin Lane, Big Corkscrew Island that contains a structure as well as Public Bathrooms and parking area which serve a Public Aviary. 2. Berman as Trustee, R. F. Berman Trust— 5 parcels ( #a -e) located in Unit 47 in the Horsepen Strand area and 4 parcels ( #g -j) located in Unit 91 and 92 in the I -75 area 3. Banos — 1 parcel in Unit 84 4. Gore - Naithloriendun Gore -I and Gore -2 were previously approved 5. Greusel Trustee, Scureggio Land Trust — North Belle Meade After the overview of the proposed properties she requested a vote by the Committee on whether or not to include these parcels in the ranking process at the end of the year. Ms. Wolok moved to say "no" to the Can -Do Corp, the Berman Trust #'s a -h, j, Banos and Greusel parcels and "yes" to the Berman Trust # i. Second by Mr. Kriz. Motion carried 6 -3. Mr. Kacer, Mr. Espinar and Mr. Weiner voted "no." Mr. Espinar voted "no" as parcel "i" is a "stand alone" parcel separated from the Gore parcel by a roadway. F. Outstanding Advisory Committee Member Program Alex Solecki noted that Will Kriz was approved as the outstanding Advisory Committee member for the month of February, 2008. This award will be officially recognized at the March 11, 2008 Board of County Commissioners meeting. The Committee noted that Parking Spaces reserved for Advisory Committee members were utilized by other vehicles and recommended that the County 1611 A 9 February 11, 2008 provide rear view mirror hangers (similar to handicap hangers) for Advisory Committee Members to utilize so Security could enforce the utilization of these parking spaces. G. Advisory Committee Service Awards Alex Solecki noted that Michael Delate, Wayne Jenkins, Bill Poteet and Marco Espinar have received 5 year membership recognition from the Board of County Commissioners. H. Coordinator Communications Alex Solecki requested the Committee determine whether they want to cancel the August CCLAAC meeting again this year for holiday planning purposes. The Committee determined that there will be no meeting in the month of August, 2008. Melissa Hennig, Principal Environmental Specialist provided a brief overview via a Power Point slide show of the funding available to the program noting that there is a gross amount of 423M dollars of legal bonding capacity for land acquisition. I. Minority Opinion Mr. Jenkins requested the Committee's opinion on initiating a policy of including "Minority Opinions" with reports to the Board of County Commissioners reflecting why various individuals voted against a particular item if the individual so chooses. It was the determination of the Committee not to institute such a policy. It was further noted if an individual wants to provide a comment to the Board of County Commissioners as a "concerned citizen" noting that they are a member of the Conservation Collier Land Acquisition Advisory Committee, this would be an acceptable practice. VI. Sub - Committee Meeting Reports Alex Sulecki submitted a document entitled "Conservation Collier ,_ubcommittee, February 2008" for review by the Committee which noted the following: A. Outreach — Tony Pires, Chair The subcommittee has been meeting as necessary working on the proposed logo and an informational brochure on Conservation Collier goals and efforts to be distributed to the Community. B. Lands Evaluation and Management — Kevin Kacer, Chair The subcommittee has been meeting as necessary to discuss land management activities. C. Ordinance Policy and Procedures — Will Kriz The February 14, 2008 meeting was postponed. The subcommittee is in the early stages of the program to develop a purchase policy and discussing various other policy issues and ordinance reviews. VII. VIII. IX. qIN February 11, 2008 Chair Committee Member Comments Chairman Poteet thanked Mr. Weiner for his service on the Committee. Mr. Espinar noted his disappointment in the Board of County Commissioner's vote in the Camp Keais Strand parcels from the lack of a Public access standpoint. Public General Comments None Staff Comments None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:13 A.M. Conservation Collier Land Acquisition Advisory Committee ILII 'Y Bill Poteet, Chairma These minutes approv y the Board /Committee on /I /c- %�� ,� as presented or as amended Coker County 16/14 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Alexandra Sulecki, Conservation Collier Program Coordinator Date: March 10, 2008 Subject: Transmittal of approved signed Minutes from the February 11, 2008 Conservation Collier Land Acquisition Advisory Committee Meeting Please find attached the following: • Approved, signed Minutes from the February 11, 2008 Conservation Collier Land Acquisition Advisory Committee Meeting Please call me at 252 -2961 if you have questions. Environmental Services Department Community Development & Environmental Services Division Fiaia Halas Henn Coyle :nleti 161 February 11�U08 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY CONIMITTEE Naples, Florida, February 11, 2008 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the CoLmty of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida wish the following members present CHAIRMAN: VICE CHAIRMAN: Bill Poteet Will Kriz Marco Espinar Wayne Jenkins Kevin Kacer Michael Del ate Tony Pires Stan Weiner Mimi Wolok ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney Cindy Erb, Real Property Management Alexandra Sulecki, Conservation Collier Coordinaror Melissa Hennig, Principal Environmental Specialist Claudine Auclair, Principal Planner, Trans Dep ent (-Ones s Date: 'em. I �rtt� 1617 February- I T, 2008 I. Roil Call The meeting was called 14.. order at 9 02AM by Chairman POW. Roll call was taken and a quorum was established, H. Approval of Agenda Mr, Espinar moved to approve the agenda subject to thefollowing changes,. New Business - item V.E be heard before item V.D Now Business — addition of item I, Minority Opinion discussion Second by Ur. Kriy Carried unanimously 9 -0. III. Approval of January 14, 2008 Minutes :Mr. Delate moved to approve the Alinates of the January 14, 2008 meeting. Second by Mt. Jenkins. Carried unanimously 9 -0. IV. Old Business: A. Real Estate Services Update — A - list properlies Cindy Erb of Real Property Management provided the following updates: Fleischmann North — The acquisition will not interfere with any Grants or permits in place. The appraised value is $56.300. Winchester Bead — To date 12 of parcels have been acquired totaling 15.3 acres and 20 parcels are under contract totaling 29.45 acres Cvcle 4 — Awaiting the appraisal on the Hamilton ParceL Also awaiting responses on die RJS, LLC parcel to proceed with appraisals. rcle 5 — "Still interest" letters have been out for all parcels except Carup Keais which will be sent out this week. Alex Sulecki, Conservation Collier Coordinator provided the following information: 1. Pepper Ranch — The Committee reviewed an advortisem. ent from dhe newspaper regarding an Public Informational Meeting and an e -mail from Tom Taylor cl'Pepper Ranch to the Committee regarding the re- desiadiou of a portion of the property from Open Space to die Habitat Stewardship Area. ?, discussion ensued regarding the status of the applicadion as well as any issues associated with it and the Commiacc determined that the issue should be placed on the next agenda for review. 2. Submittal of an updated CycJe 5 Approved Acquisition List dated January 29, 2008. 3. An introduction of Claudine Auelair of the Transportation Department who noted that the Depanment is in the process of completing 9 study on a new 1611 February 11, 2008 Trail Corridor system which would run from the Collier County to Lee County. The Trail will he L2 feet in width pedestrians and non motorized vehicles (other than maintenance and emergency services). The Pepper Ranch parcel is Within the area of interest of this proposed corridor with the final study being completed by September ol'2008, Alex Solecki has been added to the Stakeholder ]is( for the Corridor list and will keep [he Committee informed on the progress of the shady. B. Contracts L Winchester Head Tone t'. '.slew Business A. Staff Report - BCC - approval of AAL Alex Suleeki provided the Cycle 5 acquisi[ion list approved by the Board of County Commissioner's on 1/20/08, She noted the following: • The Devisse and DYches parcels were moved from the A list to [he C. list • The Devisse parcel has been re- nominated for Cycle 6 • 1 -75 properties were moved from [he A list to the B list + Camp Keais Strand was moved from the C list to the A list B. Staff Report -Appointments for ConserNa lion Collier Committee Alex Sulecki noted that Bill Po[eet- Tony Pires and Jeff Curl were appointed to Conservation Collier Land Acquisition Committee by the Board of County Commissioners on 1124108. Mr. Curl will begin his term in March. She thanked Stan Vdeiner for his service on [he Conunit[ee and looks forward to working with him on future issues with the Collier County Soil and Water Conservation District. She further noted that Sue Filson, Executive Manager to [he Board of County Commissioners sent out a letter it, error referencing the appoinmicnts, Alex Solecki provided a now chart for the procedure for the Collier County Land Acquisition Committee, a copy of The Purchase Policy and Holed that at the next meeting there will be an election of officers and a review oi'the Sub- Cemminee memberships. C. Letter of Thanks to the CREW Trust for Starnes Partnership Alex Solecki provided a draft letter from Williata Poteet, Jr, to Crew land & Water Trust for the Partnership in the purchase of [he S[ames parcel. :hit- Pires moved to approve the feller. Second by Mr. Delate. Carried unanimowr I, 9 -0. The Committee noted that the Doard of'Counry Commissioner's amui 8render Bruoks, Executive Director of the Crew Lana{ Trust should be sent a copy o(rhe letter as well as the others listed _i 16/1 February I].?6(l$ E. Outreach Subcommittee Recommendations for Cycle b Targel Areas :VIr. Kocer moved to approve the recommendation of the Subcommittee to target properties fur acquisition adjacent to properties already owned within the Program. Second hy.ffr. Jenkins. Carried unanimouvly 9 -tt. D. O'cle 6 applications Alex Sulecki presented a document entitled "ConServation Collier Cycle b Willing Sellers" and reviewed the reguirentenls of the Conservation C;oIlicr Ordinance- The properties on the list ,ire as follows: 1. Can-Do Corp, fNoe) - 2 parcels - Purple Martin lane, Big Corkscrew Island that contains aIructure as well as Public Bathrooms and parking area which serve;) Public Avi.arv. 2. Berman as Trustee R. F. Berman Trust — 5 parcels (;ra -e) located in Unit 47 in the i-lorsepen Strand area and 4 parcels (#g _j) located in Unit o I and Q in the I -75 area 3- Banos — l parcel in Uric 84 4. Gore - Naithloriendun Gore- I and Gore -2 were previously approved S. Greusel Trustee ScureLgio Land Trust — worth Belle Iv'Ieade .After the overview of the proposed properties she requested a vote by the Committee on whether ar not to include these parcels in the ranking ' anking process at the end ol'the year, Afs, Wolok moped to say "no" to the Can -Do Corp, the Berman Trust Ws a -h, j, Banos and Crewel parcels and "Yes "to the Berman Trust # it Second by ;Vr. KH7y Mention carried 6-:3, Mr. Kucer, Mr. Espinar and Mr. Weiner voted "no.„ Mr, Espinar voted "no" as parcel "i" is a "stand atone" parcel separated from The Gore parcel by a roadway, F. Outstanding Advisory Committee Member Program Alex Sulecki noted that Will l riv. was approved as the outstanding Advisory Committee member for the month of February, 2008. This award will be officially recognized at the March 1 I, 2008 Board of County. Commissioners meeting. The COMMILtee noted that Parking Spaces reserved for Advisnry Committee members were utilized by other vehicles and recommended that the County 161TIA F ,I9 provide rear view mirror hangers (similar to handicap hangers) for Advisory Committee Members to utilize so Security could enforce the utilivation of these parking spaces. G. Advisory Committee Service Awards Alex Sulecki noted That Michael Dclate, Ll acne Jenkins. Bill Poteet and' larco Espinar have received 5 year membership recogtiriou from the Board of County Commissioners. H. Coordinator Communications Alex Solecki requested the Committee determine whether they want to cancel the August CCLAAC meeting again this year for holiday planning purposes. I'hc C ommittee determined that there wilt b`! no meeting in the month of August, 2008. Melissa Hennig, Principal Environmental Specialist provided a brief overview via a Power Point slide show of the funding available to the program noting that there is a gross amount of 42.3 -M dollars of legal bonding capacity for land acquisition. 1. Minority Opinion Mr. Jenkins requested the Conunittee's opinion on initiating a. policy of including "Minority Opinions" with reports to the Board of County Commissioners reflecting why various individuals voted against a particular item if the individual so chooses, 11 %vas the delennination of the Cortumittoe not to institute such a policy. It Nvos further noted if an individual wants to provide a comment to the Board of County Commissioners as a "concerned citizen" noting That they area member of the Conservation Collier Land Acquisition Advisory Cormmittee, this would be an acceptable practice. VI. Sub- Committee Meeting Reports Alex Solecki submitted at document entitled "Conservation Collier : ubcommitree, Febrwry 2008" lirr review by the Comrnittce which noted the follorving: A. Outreach —Tony Pires, Chair The subcommittee has been meeting as necessary working on the proposed logo and an informational brochure on Conservation Collier goals and efforts to be distributed to the Community, B. Lands Fvaluation and Management —Kevin Kacer, Chair The subcommittee has been meeting as necessary to discuss land management activities. C. Ordinance Policy and Procedures — Will I4riz The February 14, 2008 meeting was postponed. The subcommittee is in Ilse early sTages of the program to develop a purchase policy and discussing various other policy issues and ordinance reviews. 1611,A 9 February 11. 2008 VII. Chair Committee Member Comments Chairman Poteel thanked Mr. Weiner for his service on the Committee, Mr. Espinar noted his disappointment in the Board of County Commissioner's vote in the Camp Keais Strand parcels fxorn the lack of a Public access standpoint. VI1I_ Public General Comments None IX. StafCommeots None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10,13 A.M. COWCrvation Collier Land Acquisition Advisory Committee Bill Poleet, Chairman,,' These minutes approv 'by the Board'Cornmittee on as prescnted_ lr'" or as amended < , ,r , j 6 I j Alec ;vED Fiala MAR 18 2638 Halas Henning — Coyle `30a'd of ��•unly Commissioners Coyle coletta - OLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 February 21, 2008 AGENDA Call Meeting to Order II. Attendance 111. Approval of Agenda IV. Approval of Minutes: January 17, 2008 V. Landscape Maintenance Report – CLM VI. Landscape Architect's Report – Michael McGee A. Doral Survey re- guarding Fence / new fence design with cost estimates VII. Budget Report A. Budget Committee - Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report – Darryl Richard B. Report re meeting with owner of Doral corner lot / re fence options C. Report from ROW re fence & Impact on line of sight IX. Housekeeping Items A. Rip rap repair on St. Andrew Blvd. near Cypress Gate Condominiums B. Status of repairs to Front entry C. Front entry Flag replacement D. Lely Golf Estates Annual meeting on Feb 21, 2008 at 7:00 pm at the Royal Palm Country club X. Committee Reports XI. Old Business A. Future Beautification Project List B. Vehicle Accident Report at front entry on 9 -20 -07 at 3:30 P.M. C. Damage to rip -rap placed on drainage canal bank by Cypress Lake condominium D. Grant Application X11. New Business Misc. Corres: Date: _ Item #:. o XIII. Public Comments 1611 A 10 XIV. Adjournment The next meeting is scheduled for March 20, 2008 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 COIFtte ___ ----- 161 1A1'z� R18 It P, o�rd cd vounty- V. FS GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 January 17, 2008 Summary of Minutes and Motions III. Approval of Agenda Add: IX B. Status of repairs to the Front Entry C. Front Entry Flag replacements David Larson moved to approve the Agenda as amended. Second by Robert Cole. Motion carried unanimously 5-0. IV. Approval of Minutes: December 20, 2007 Robert Cole moved to approve the December 20, 2007 Minutes as submitted. Second by David Larson. Motion carried unanimously 5 -0. V. Transportation Operations Report A. Project Manager's Report — Darryl Richard reviewed ► (L -39) Irrigation Refurbishment Project - Requested approval for CLM quote according to the Annual Contract in the amount of $3,484.69 Robert Cole moved to approve $3,484.68 for Irrigation work by Commercial Land Maintenance. Second by Tony Branco. Motion carried unanimously 5-0. Discussions ensued referencing the purchase of the Hit Converter. Robert Slebodnik moved "if necessary" to appropriate $600 for a (Hit) Universal Adapter for the Lely Irrigation System. Second by Tony Branco. Motion carried unanimously 5 -0. XI. Old Business E. Future Beautification Projects — It was agreed to proceed with replacement of Foxtails on Forest Hills Blvd. & Pebble Beach Blvd. at Misc. Corres: graduated heights for aesthetics. Date: Robert Slebodnik moved to continue with replacement of Foxtails item: on Forest Hills Blvd & Pebble Beach Blvd. as cost specified in the Maintenance agreement. Second by Robert Cole. Motion carried Wies to: 1611fk10 IEtr GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 January 17, 2008 Minutes The meeting was called to order by Bob Slebodnik at 4:00 PM. 11. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard — Project Manager, Tessie Sillery — Operations Coordinator, Caroline Soto — Budget Analyst Others: Mike McGee — McGee & Associates, Jim Fritchey — Commercial Land Maintenance, Darlene Lafferty — Mancan, Therese Stanley — Grants Coordinator III. Approval of Agenda Add. IX. B. Status of repairs to the Front Entry C. Front Entry Flag replacements David Larson moved to approve the Agenda as amended. Second by Robert Cole. Motion carried unanimously 5-0. IV. Approval of Minutes: December 20, 2007 Robert Cole moved to approve the December 20, 2007 Minutes as submitted. Second by David Larson. Motion carried unanimously 5 -0. Robert Slebodnik stated the MSTU appropriated monies in excess of $25,000.00 to merge with the County Irrigation System. He noted Roger Dick previously noted Grant money may be available to recoup a portion of the Electronics Expense for the Irrigation System. Therese Stanley responded Funding may be available & would require research. Discussions ensued & it was noted annually Funds are placed into Reserves for Water Conservation Efforts. It was determined a Graphic Presentation that would describe the Lely MSTU, the Projects, & accomplishments would be beneficial. The presentation would be r$, submitted during the Formal Application process with the assistance of Pam Lulich, Marlene Ford, & Therese Stanley. V. Landscape Maintenance Report — CLM Jim Fritchey reported: • Loss of plant material due to frost bite — The recommendation was made to delay replanting until the danger of frost end (after February 15, 2008) Broken branches on Black Olive require clean up Pebble Beach - Hollies require trimming VI. Landscape Architect's Report — Michael McGee A. Doral Survey re- guarding Fence / new fence design with cost estimates Doral Survey — Discussed VIII. B. VII. Budget Report A. Budget Committee — Caroline Soto — Bob Cole Budget Report was distributed and reviewed. (See attached) • Line 17 Landscape Incidentals includes $40,000 Transfer • Available Landscape Incidentals includes the Invoiced amount $192.90 (for the Accident) - Monies have not been received • Line 31 Improvements General includes ($40,000) Transfer out The Open P.O.s for Water - Sewer, & Electricity reading $0 was questioned. Caroline Soto responded Utilities will be direct bill. Robert Cole questioned the invoice for Palm replacement on St. Andrews in the amount of $37,000. It was determined an invoice was not received. Jim Fritchey was requested to investigate. Vlll. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed (See attached): ► (L -39) Irrigation Refurbishment Project i. Requested approval for CLM quote according to the Annual Contract in the amount of $3,484.69 ii. "Y Required items were not included in AG- TRONIX quote a. 1 Unit 2 Hit Converter - Supplied by Roger Dick b. 2 Bermad valves 1 - Supplied by Roger Dick 1 - Purchase utilizing Florida Irrigation open P.O. Discussions ensued concerning watering restrictions. It was recommended to schedule watering on Wednesday & Saturday Robert Cole moved to approve $3,484.68 for Irrigation work by Commercial Land Maintenance. Second by Tony Branco. Motion carried unanimously 5-0. Discussions ensued referencing the purchase of the Hit Converter. 1b1IA tA I Robert Slebodnik moved "if necessary" to appropriate $600 for a (Hit) Universal Adapter for the Lely Irrigation System. Second by Tony Branco. Motion carried unanimously 5-0. It was recommended to confirm if the Grant Application process requires submittal before Installation. ► (L -34) CLM Contract expires 9 -08 —Will be out for Bid June -July Robert Slebodnik requested the following stipulations be included in the Contract: 1. In -house Irrigation Services 2. In -house Pest Control Services ► (L37) Bench facing Lake Project — Bench has been shipped B. Report Re meeting with owner of Doral Comer lot / re fence options — The following items were discussed: • A Road ROW Ordinance "may" be required • Use of the Maintenance agreement for installation on private property is unauthorized • The expenditure of MSTU monies to install a permanent structure or landscaping on private property is unauthorized • Removal of Property Owner's Ficus Hedge in the County ROW is a concern for the following: i. Property owners reaction to removal of the Ficus Hedge ii. The root system "may" degrade the foundation over a period of time Discussions continued & it was determined that the Fence must be installed in the County ROW & would affect visibility. The following recommendations were made: ➢ Plan A: A variance to the site window at the Doral exit will be requested from ROW ➢ Plan B: 1) MSTU would install Landscaping in ROW i. County would maintain Landscaping 2) Segment of Fence built on private property at Home owner expense — Cost estimate $1,971.00 i. The approval was made for the Working Group - David Larson, Darryl Richard, & Mike McGee to meet with the property owner pending ROW response to Plan A IX. Housekeeping Items A. Rip rap repair on St. Andrews Blvd. near Cypress Lake Condominiums — Robert Slebodnik reported replacement tubes on St Andrews are required & are the design stage. B. Status of repairs to the Front entry — Robert Slebodnik reviewed the Front entrance Drainage issues that were included in the 4 year report that was submitted to the Board of County Commissioners. He requested a meeting with Jerry Kurtz — Storm Water. Darryl Richard responded that a meeting would be scheduled to review & include the items in the Project Scope. It was noted the requested timeline from the Contractor to repair IeA 0 Front entrance has not been received. Darryl Richard will schedule a meeting with Mark to review. C. Front entry Flag replacement — It was requested to replace the Flags before Election Day. X. Committee Reports — None XI. Old Business A. Future Beautification Projects — It was agreed to proceed with replacement of Foxtails on Forest Hills Blvd. & Pebble Beach Blvd. at graduated heights for aesthetics. Robert Slebodnik moved to continue with replacement of Foxtails on Forest Hills Blvd & Pebble Beach Blvd. as cost specked in the Maintenance agreement. Second by Robert Cole. Motion carried unanimously 5 -0. Discussions continue referencing the cost of the Foxtail replacements. It was stated the rate cost would be according to contract. B. Vehicle Accident Report at front entry on 9 -20 -07 at 3:30 P.M. — Previously discussed VII. A. C. Damage to rip -rap placed on drainage canal bank by Cypress Lake condominium — Previously discussed IX. A. XII. New Business A. Grants — Therese Stanley — Previously discussed VI. XIV. Public Comments - None XV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:35 P.M. Lely Golf Estates Beautification MSTU Advisory Committee ld .t Robert Slebodnik, Chairman These minutes approved by the Committee on 16 ' IA I as presented or amended K The next meeting is scheduled for February 21, 2008 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 161 0 m\( - ! §\& E = C � o (CD §D m M E < 7 @ CL §0< )\M ,r o °Romo7 o § \�� { n EE ) m C , (1) ) = \[ ;E =r % CD � j / 0 -n CD c -4 0 �o CD ,!z ;R \ /_ / \k /§ In �Ro ,» \ 0 \ \ \k >j CL g _- §§ : ID _ 0 \ \ / § CD m 0 CD 7 j \ U 2 � M ) a © k-4 \ j \\ } >� m . an » zW - oG /7 (A 469 c ■ / //a cr to V 0 E E } ; ;ate _®_■ ■ mmm�® _ ■ w03w 2 - eee o \S8 - - - - - -- E E S4 : - - ( ( \\ \ \\ \ \\\ 1611 Al a§ Raw ¥a 9e = a -tee 0222 ■e«==;OX$w%( CD@m }gym cEE2;,f& \s 3.6 ,mom (g / \[&( \ -_■ «`mmk (me M V \ /oQ0 -) §$B # 77 0#( }g E(- _ @4 §4; ;r 77z� co �§§k c 0 E® &gym CD(a0 [ & - %r\ [ ±(mom )2 \ °a \ f - ;o °` \ /§, cD= - \ z ( ( 0 0 §# /� z »/{ \ \{� 0 / 7 §§ _5 cr CP §6 . �f \\ \ ((§ /k0 _ «2J _ \ 20 CL CL ; . 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SIGNATURE TERMS REP SHIP VIA PROJECT Net 30 S Lely MSTU ITEM DESCRIPTION QTY PRICE TOTAL Lely MSTU 1- Scorpio DC 8 Station w /Radio in Green Steel Powder Coated Enclosure F2948A UHF(450- 470MHz) Scorpio DC 21N/801 TT 1 1325.00 1,325.00 MLB -8 -DC Surge Protector DC 2 IN/8 OLTF 1 235.00 235.00 34962 Sunsaver 6 Voltage Regulator 1 50.00 50.00 IS -SCO2 Enclosure w /Hood, backpanel, w20W Solar Panel/ UHF 1 1,980.00 1,980.00 710 -1300 Antenna, w/Mounting Template 12v Battery (25AH) Sealed 1 89.00 89.00 Note: This enclosure has solar panel built inside. It's been a pleasure working with you! TOTAL $3,679.00 QUOTE GOOD FOR 60 DAYS. SIGNATURE fJ ((yy ((yy ((�� yy NN yy NN 16 1 O m ni V O) N A W N+ O M CNN V W g i W N+ O W W V W W P W N+ O m W V W W A W N+ (milvmi�00 -V mx1MWX2MZnMCADnMZ -;UG Gm)�mA��mmmmm� ��(zn m m(Z (Zn D O D xl 2 x1- �-0 z M �;u O m m mk#':•a M «W0 ZM -q m0D " M M M 1 -1 ITfl r M � O m K Z G) D r Z D ;u - 0 0 0< m T T T T T C 0) 3 V) 0 �'�A��no_OmG)mMODKm MMO�ZmnG)O. 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E13 Vl Ef: U) Ll) U� W p O O N N A O O O V OD tT O O O W V O; J O N V Vt O 0) O W W W W f0 O O O O U O N O-+lP 1p t . . i I 0) !!!+J ONO W O OOi A O 1 O O W AA W W w W N 0) 0) N 0) (O O v OD 0)0) vD O)O N fA fn E» to <n w W [n vi fn fn N N .0) W (0T W J A S +Ow W O O)0� W N O P74 O PD O OPG AA O O A 0 0 W N N V " � 4 0 O 000"m AQ)(OO) O CL CL W z m A O Bill xl T fp � O y V O O m D 3 9 n d c CL m 0 3 3 A a L C r Z � 3 V ca CA O N C Co 1617 A10 January 17, 2008 Prepared by: Daryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L -43) : ACTIVE (POC: Dar, yI Richard) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 11 -7 -07: WO # TLO -MA- 3614 -08 -02 - $ 2, 490.00 for this project - WO in process of requesting signatures. 12 -4 -07: PO Issued and WO approved. 12- 20 -07: Initial plan review received by Pam Lulich, RLA, plans require revision. 1 -7 -08: Project is under staff review - pending committee review at their next meeting. (L -41): ACTIVE -(POC: "Cessic Sillery y: - McGee & Assoc. Annual Contract: 04 -3614 10 -9 -07: Committee approved McGees proposal for $8,525.00 10- 24 -07: Work Order in progress 11 -6 -07: County staff requested changes in the proposal. 11-9-07: Work Order in progress for signatures 12 -4 -07: PO Issued and WO approved. (L -39) - - ACfIVL (110C I>arryI Richard): Irrigation Refurbishment Project 9- 20 -07: Committee requested for Roger Dick - County Irrigation Project Mgr. to attend next meeting. 10- 18 -07: Requested for estimates per Roger & McGee (teamwork) 11-7-07: Roger will review and attend the next Lely Meeting with quotes 12- 10 -07: Still reviewing pricing from AGTRONIX. 12- 20 -07: quote for project by CLM is pending; additional information plans /specifications requested by CLM. Confirmation of Ag- Tronix quotes by McGee pending. 1 -7 -08: Quote by CLM pending - McGee coordinating details. (L -34) - ACTIVE - iPOC: 1'essie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. - Bid # 04 -3676 - plus 3 renewals. - expires on 9 -28 -08 10- 12 -07: New Fiscal Year 07 -08 - PO issued and NTP given. (L -37) - ACTIVE - POC- (fessie Sillerv) : Bench Facing Lake Project 8- 17 -07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers. 8- 22 -07: Concept drawings due Sept. 20" for the committee. 9- 20 -07: McGee did not have drawings completed and will submit drawings to next meeting with costs for wall in order for committee to make decision on other projects. 10- 18 -08: Committee requested clarification of quote. 10- 24 -07: Pending CLM revising and Clarifying Quote 11 -7 -07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 11- 14 -07: Quote for Bench received- Swartz $ 793.80 11-15-07: Committee approved and bench is on order. 12- 14 -07: NTP - Swartz Company for Bench 12- 20 -07: Bench order is pending delivery to CLM. I- 16 -08: Bench is on its way, traveling from Pennsylvania. - will be here sometimes next wed. 1611 A10 (L -40) - COMPLETE -(POC Darryl Richard); - Lift Station Beautification (Baltusrol Course Crossing) 9- 20 -07: Committee approved up to $3,000 for work to be completed by CLM. 10- 16 -07: CLM submitted estimate - $ 3,789.30 - over limit committee motioned. 10- 18 -07: Committee approved quote. 10- 18 -07: Committee requeste McGee to do design. 11-7-07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 12- 10 -07: Utilities to address beautification. (L -42): COMPLETE - -IPOC: Darryl Richard)- RipRap - by Cypress Lake Condominium 10- 16 -07: Committee requested Road and Bridge to put rip rap on bank. 12- 10 -07: Repaired and completed. (L-36) - COMPLETE -(POC: Darryl Richard); Doral Entrance Enhancements & Wall/Fence Project; Lely MSTU - Survey by RWA at Doral Circle PHASE Start - End Date NTP CONST 9/24/2007 60 Day Const 11/23/2007 11/7/07 Recd Project COMPLETE 11123/2007 survey 7- 19 -07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project. 8- 16 -07: Update: RWA gave estimate for $ 7,900.00 and from staff recommendation for mstu members to make an amendment to previous motion from $5,000. to $7,900. 8- 17 -07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than $5,000 to spend on survey. - Also, looking at County paying (rattlesnake hammock funds) for the maintenance (Pam Lulich attended meeting and gave other landscape options) wall vs landscaping 8- 22 -07: Received estimate at $4,900 from RWA and will work order in process. 9 -7 -07: Rec'd WO from Vendor and in Work Order Process for additional signatures. 9- 20 -07: Rec'd PO 9- 24 -07: NTP - start date 9 -24-07 and Completion date: 11-23-07 - PO # 4500084146 - Dated 9 -20-07) WO # RWA -FT- 3944 -07 -0 8 - "Contract 06 -3944 Annual Contract For Roadways" PROJECT SCHEDULE: (L- 38) COMPLETE - -( POC Darr, i Richard); Palm Tree Replacement Project - medians 4 to 10 median tips 9- 20 -07: Committee requested CLM to quote project and discuss at next meeting. 10- 16 -08: CLM submitted estimates for upcoming meeting. 10- 18 -07: Committee, staff and Mcgee discussed quotes and requested clarification. 11-7-07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 11- 15 -07: Project approved by committee and staff- contractor to proceed with annual contract. 1 -4 -08: Project Completed. (L -33) - COMPLETE 1 POC Darryl Richard); Dora[ Circle Entry Feature Development; Includes installation of fence along Rattlesnake Hammock Road and adjoining entry features. 5- 17 -07: Committee votes to commit $2,500 in consulting fees to McGee for project. McGee will bring recommendations to 6 -21 -07 regular meeting. 6- 15 -07: Project Complete (L -22) - COMPLETE (POC Darry l Richard); (PROJECT PRIORITY #4 AS PER 11 -17 -06 MEETING) Augusta Boulevard at Forest Hill Planting Project - SCHEDULE: Lely MSTU: Augusta at Forest Hill - Landscape & Irrigation 161 1 A10 PHASE Start - End Date Committee Approval for Hannula quote 4/19/2007 BCC APPR Not Required (105 K estimate by McGee) NTP CONST 5/11/2007 60 DAY Substantial Completion 7/11/2007 90 DAY CONST 5/11/2007- 8/10/2007 CONST- COMPLETE 8/10/2007 Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5- 30 -06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase II is completed. 7- 18 -06: Committee has placed project on hold until phase II completes. 8- 22 -06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 1 1- 16 -06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12- 14 -06: MSTU Committee selects to include golf cart crossing area into project. 1 -17 -07 : Meeting with Golf Course Superintendent Allan Cooper to review project. I- 18 -07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is available for use by the MSTU for project. 2 -14 -07 : Request for Quote sent out - deadline March 9'", 2007 3- 15 -07: Committee to review quotes and select lowest quote. 4- 10 -07: Hannula is apparent low quote - Committee approval pending for $25,908.81 4- 17 -07: Committee approved for Hanula to do the job. 4- 30 -07: PO Request in process 5-11-07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22, 2007. Meetings to re -occur each week on Tuesday's (L -32)- COMPLETE -(POC: Tessie Sillery ); Refurbish entrance sign - damaged by fallen palm at St. Andrews Sign. 4 -17 -07 : Committee approved for Lykins PO to be opened to repair sign. Committee asked for more information on deflector plates. 5- 17 -07: Commitment from Lykins was to be complete by May 11, 2007 inspection pending today's drive- through. 5- 17 -07: Project Complete (L -29) - COMPLETE -(POC: Tessie Sillery) - Median Re- Painting By Road & Bridge; As per Committee Request on 11 -16 -06 Road & Bridge needs to paint "4" numbers at each median opening. 12- 20 -06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. 2- 14 -07: Painting not done by Road & Bridge 3- 15 -07: R &B supervisor (Don) will meet with staff to make sure the location of 4's 4- 17 -07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin. 4- 30 -07: Completed (L -30) - COMPLETE - (POC: Tessie Sillery) - Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1 -17 -07 : Facilities Maint. will replace flag today 1- 18 -07: Flagsreplaced 1- 18 -07: Committee requested for a different size flag 1 -23 -07 : Requested quote from Lykins 1611 A 10 2- 10 -07: Single quotes and quotes for two for the committee to approve 2- 15 -07: Committee requested Tessie purchase flags through intemet 3- 10 -07: State Flag and American Flags purchased (2 of each) $187.00 3- 15 -07: Flags arrived today...!!! 3- 17 -07: Flags installed — re -order will be on an as needed basis. County replacement flag is on order. (L -25) - COMPLETE -(POC: Darry l Richard) ; (PROJECT PRIORITY #3 AS PER I 1 -17 -06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10- 19 -06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if project is agreeable to Golf Course Management for Construction. I I- 17 -06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not sued and sealed. 12- 18 -06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12- 18 -06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1- 17 -06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. 2- 15 -07: Requirments for project are: (I) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existing irrigation heads; Bob Slebodnick will contact At Cooper and schedule a meeting time for follow -up. 3- 14 -07: Golf Course installing irrigation— 50% complete 4- 10 -07: Project Complete (L -24) - COMPLETE —(POC: Darryl Richard); -(PROJECT PRIORITY #2 AS PER 11-17 -06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT — Need Committee Action for award of quote 6- 15 -06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re -quote project with clarification concerning the discrepancies. 6- 27 -06: Waiting on quotes. 7- 18 -06: Need a bid -tab Schedule from McGee & Associates and electrical engineering 8- 17 -06: Quotes from Annual Contractors for Electrical Installation/Design is pending. 8- 21 -06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8- 21 -06: Owner of Kent Technologies Thom Esch office visit. Thom receives updated copy of plans. 8- 22 -06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8- 31 -06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9 -1 -06. 9 -3 -06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County. 9 -5 -06; Bid Schedule revised and sent out. 10- 19 -06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break -down of each line item from E.B. Simmonds. 10- 30 -06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11 -7-06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re- quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required. 11- 17 -06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12- 20 -06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by Commercial Land Maintance installation of irrigation and landscaping. 1 -17 -07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install. 3 -9 -07: Received Lumec Poles for project 3- 14 -07: Poles picked up by EB Simmons 3 -20 -07: Electrical Installation Completed by E.B. Simmonds 4- 10 -07: Project Completed 1611 q 10 (L -32) – COMPLETE- (POC Darryl Richard); Phase III Project: Refurbishment of Median #1 and 42 on St. Andrews at entrance to Lely off of US 4l. 2 -9 -07: 100% plans received from McGee 2- 15 -07: CLM confirms quote for $8,734.47 for project. 3- 15 -07: Project Completed (L -31)– COMPLETE – Coordination with Ted Weiner – LMA Agreement 1- 13 -07: Letter from Ted Weiner –received and forwarded to Scott Teach 2- 15 -07: No official confirmation received from Weiner that they are baking out of LMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L -23) – COMPLETE - (Darryl) - (FDOT) (PROJECT PRIORITY 91 AS PER 11 -17 -06 MEETING) Lely Phase II- Landscape and Irrigation; Final 100% Design Approved by FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires checklist approval); Checklist has been submitted to FDOT for approval. 5 -1 -06; FDOT Notice to Proceed is pending. Checklist has been approved. 5- 15 -06; Notice to proceed still pending, checklist has been approved. 5- 30 -06; FDOT NTP and drawings delivered to purchasing – pending advertisement from purchasing. 6 -5 -06: Contract Letting by Purchasing, Bids due by 6- 30 -06; BCC Approval for 7 -25 -06 meeting (Novus Deadline of 7- 10 -06) 6- 12 -06: Bids are due June 30, 2006 – bee 7 -25 -06 6- 15 -06; Pre -Bid Meeting on June 20, 2006 6- 27 -06; Addendum #1 – in progress. 7- 18 -06; BCC to award bid to Vila & Sons – 7 -25 -06 7- 25 -06: BCC Approved Vila & Son Contract 8- 17 -06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of Contract /Purchase Order. 8- 22 -06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing /County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9 -1 -06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9 -5 -06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow -up call in 48 hours for confirmation of approval. 9- 19 -06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18, 2006. 11 -6 -06: Vila & Son Pay Application #t reviewed and rejected due to non - completion of'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. l I -7 -06: Revised pay application approved for payment. Project is 57 % completed. 1- 17 -07: Substantial Completion Inspection; Punch -List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, ATM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. 2- 21 -07: Confirmation Final Close -out change order is processed (CO #2). (L -26) – COMPLETE - Order for new Sign – Pebble Beach Median #19 8- 17 -06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median #19 Pebble Beach Drive. 8- 31 -06: Staff request that Lykins provide quote for issue of PO. 9 -8 -06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10 -9 -06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10- 19 -06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L -28) – COMPLE'T'E - PEBBLE BEACH OVERPASS PROJECT —Road & Bridge to reconstruct asphalt on overpass. No confirmation of schedule from R& B as of today – 3 -6 -06 and as of 5 -15 -06 5- 30 -06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks. 1611 A 10 7- 18 -06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8- 17 -06: Lely MSTU Committee request review of project and reconsideration for project schedule. 8- 18 -06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Stormwater. 8- 22 -06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8- 24 -06: Staff meets with Committee Chairman Bob Slebodnik to review project. 9 -1 -06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fund other 50 %. 9- 11 -06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10- 19 -06: As per County Attorney's review and response project is determined to be a `non -MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L -25) — COMPLETE- Pending Committee Action - PALM TREE REPLACEMENT— MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms. — 7/ 18/06: McGee provided quote and committee waiting for phase 11 before proceeding with project. 8- 17 -06: McGee formal written proposal is pending. 8- 17 -06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting. 8- 22 -06: Written Proposal from McGee is pending. 9- 11 -06: Anticipated delivery date 9 -30 -06 10- 19 -06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L -27) — COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for $760.00 approved by Committee on July 20, 2006. 7- 24 -06: Staff request to purchase for Lykins in the amount of $760.00 8- 17 -06: Lykins installation of sign pending. 8- 22 -06: PO issued to Lykins for installation of sign. Installation to be complete by 2 "d week Sept. 8- 31 -06: Proof will be forwarded to Staff on 9 -1 -06 for review. 9 -7 -06; Darryl approved the proof. 9- 22 -06: Lykins begins installation of sign. 10 -1 -06: Lykins installation complete (L -21) COMPLETE - Flag lighting— not working. — Anticipated completion date— September 30`h, 2006 8- 17 -06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract — no fee charged 10- 10 -06: Lights reported 100% operational by Committee Chairman (L -1) — COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal — Travis Gossard contacted regarding request for re- spraying of exotics. 8- 22 -06: Danny Dominguez confirms that the re- spraying of the Canal has taken place. (L -2) — COMPLETE -- Painting of Curbs and Yellow Paint at Median Tips 6- 15 -06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6- 23 -06: Requested Gerald Morris to let us know — R &B painting schedule and paint in stock? 7 -6 -06: Gerald entailed giving us an update on their painting schedule and asked J. Vliet to respond to us. 7- 18 -06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7- 18 -06; Will purchase paint at Sherwin Williams and provide to CLM. 7- 20 -06: Paint and materials dropped off to CLM 8- 15 -06: CLM performing painting, curbs completed, painting of numbers not complete 8- 22 -06: Project is completed. M$ 1611 A10 (L -3) - COMPLETE -Sign Plantings of Crown of Thom (Augusta at Forest Hill) — CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8- 14 -06: Inspection indicated that plantings had not occurred CLM contacted. 8- 22 -06: Plantings of Crown of Thorn is completed. (L-4) COMPLE'T'E— Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- HOA to fund installation, MSTU to pay for'' /, of construction cost. 5- 15 -06: Pending Purchasing approval 5- 30 -06: Kent Tech is revising their estimate as per contract. 6- 12 -06: Kent tech has provided requested quote, item being processed by Finance /Purchasing (L-5) - COMPLETE -Lely Phase LI- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole w/ I I poles) —Total Project $40,060.00. E.B. Simmonds is complete, FPL to power up Meter - pending. 5 -1 -06; FPL and EB Simmonds work complete. (L -6) COMPLETE - Potable Water Meter Removal (L 7) - COMPLETE- Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L -8) Flag Replacement - COMPLE "FED -Flag Order for poles at St. Andrews and US 41 6- 15 -06; as per committee request the flags will be ordered twice a year or "as needed" (L•9) - COMPLETE -Lely Phase I- Complete (3/1/05) - COMPLETED (L -10) - COMPLETE- Drainage Project - Pebble Beach Road- Non -MSTU Project (L -11) - COMPLETE- Drainage Project -St. Andrews Boulevard - Embankment Cleaning- 100% (L.12) COMPLETE - Baltusrol Culvert Inlet Clean -Out 5- 12 -06; Project Competed by Commercial Land Maintenance (L -13) - COMPLETE - Baltusrol Overpass Asphalt Repair — at the request of the Committee Chairman Road & Bridge performed the repair. 3- 10 -06; Project Completed by Road & Bridge (L -14) - COMPLETE - Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2 -2 -06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L -15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non - planted areas around the existing signs for the entrance into Pinehurst Estates -Lely MSTU Area. 5 -5 -06; Project Completed by Commercial Land Maintenance. (L -16) COMPLETE -Doral Circle: Pepper Tree Removal 6 -1 -06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6- 15 -06; Pepper Tree reported removed (L -l7) - COMPLETE -Doral Circle Sign Lighting Project 3- 15- 06Project Completed by Kent Technologies under contract with Lely MSTU. 1611 A 10 (L -18) - COMPLETE -Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2- 10 -06; Project reported complete by Commercial Land Maintenance. (L -19) — On Hold- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre -Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L -20) — COMPLETE -FLAG POLE REPLACEMENT — a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5 -1 -06; PO issue is pending as per Committee Approval. 5- 15 -06; Sign Craft received NTP on 5 -12 -06 and waiting on material order— drawing prepared.- 3 weeks estimated for poles to be received. 6- 12 -06: flag poles to arrive within l week. — On site meeting with contract to confirm locations. 6- 15 -06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6 -27 -06 : to be installed by June V" pending CDS review of construction pad 7 -3 -06: Flag Poles are up with flags. For 4`s of July..!!!! 1611 Commercial Land Maintenance ESTIMAMO. Full Service Landscape Management 3980 Exchange Ave. • Naples, FL 34104 CUSTOMER NO. Office: (239) 643 -6205 • Fax., (239) 643 -5012 E-mail. commland @aol.com BILL TO: Collier County Dept of Transportation 3301 East Tamiami Trail Naples, FI 34112 Lely - 04 -3676 162541 1/16/2008 1 1 4500087097 I Net 30 A10 E1001725 LELY IRRIGATION BID 18 Irrigation Technician Supervisor Labor to install (1) Scorpio a 57.64 1,037.52 Valley Stream, (1) DC Scorpio at Doral Circle, (1) Scorpio wit Bermad and strainer filter at Warren Street. Use existing ele ric source if possible and includes concrete pads for each. 36 Irrigation Technician Labor to assist 38.81 1,397.16 1 Reimbursement for concrete, condu0,miscellaneous fittings d 1,050.0 1,050.00 one 3° Y strainer materials purchased (cost + 50 %) BERMAD VALVES TO BE PROVIDED BY THE COUNTY. Please Note: The estimated work hours may be higher or I er depending on actual hours expended. TOTAL $3,494.69 THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID 0 /§\ 9.. . ..W mmi 6 (((( ( (((} f]§ ee =a«aM = «««G(, 7 §$k)��m� \ \ \) &� § _ -§e a mm0Eg52�u��oE� » �a @¥gr >$§5§r_° ) }i 0Q%23- choRAM \° 2 at 00 CD &MX S, \\ \ §e ) _ \2C /)xx =mom 7.... -k $§ /§cnm --1 § °k m \ 6969(o (A 6s P 459 IEO �69 IW ImR=@59@9z;a0 «owXW < =2] o m _, = j / \> >< >>,- 0r = <3 <3m o0ƒ2 2� _( ( §@#. -0,M ))&n «� �, =7777 /{ 2222 mG \xKc9z ��j� \\ �^ \f 3j§) \ \:z D ) 02 \\ § G §R\ iz 0 0 7 o \\ 00 �( § ID © © °> 00 > �c FATS °`®O k ) \ \� § \ @0 q 2 �\§ \ / < \ e e @ 7 \ \ 6i / § . § m . 7 M (((( ( (((} - -- -- ® ---- � ( 7.... 6969(o (A 6s 69 459 IEO �69 IW 7 M o,o a0 . «£ = . E$ ��7 \§( --1Cn �a- ee, >a�ozn�oz> °s®;f- ==�e- o.«_mo$7� /� _ !e (m :& #(\&){q!m g! ° CD /( \ g\\ {([ i(\$�)a k$& § z- _§� §mi }#j /2A$ }) }7\2e =/ z CD ¥fz °)SEJ§ }-0-dm > no z '\ } -A ��I © \z } -2 }f \k k� ) �\) omm3a0 3N wM* � z § °=w «wM(ao #%o9 <-m o_ \ \() CD> 3m /§\(\\7 2 §r- -2 \p\ ■ \ &.0 C:) C) § £« 3`Qo CL.mo m ® m m mG =fK m =2f� ¥f9anGR z �r !oA fmo'oK \oKmCs )U) 0. \ /!m \ >z A \(7> § °§ ® Z )�\ \\ )o /($ \ \§S)«§ k § k� amo2 o z § §> @ \( \\ \-0 -0 z z CA / CD 0 � K2 §)> 2q \974 \> �§) /j /j\§ x d 2 » \» \I a£ \� $ S g - \f k� *_� \» q � z \ »E ) \o K ( ) (\ k S) m M ° N m a 3 \ , ) x 0 ( } } ( ( } rc= 0C #[ m0 �S, o= � E f . AGRONIX SPECUIISRIG IN M01MLA IRRIGATION CORIROL SYMMS 1304 N. 15th STREET IMMOKALEE, FL. 34142 239 - 657 -5519 I CUSTOMER NAME Collier County DOATM/rranspottation 2885 Horseshoe Drive South Naples, Fl. 34104 1611 A 1 QUOTATION /PROPOSAL DATE QUOTE NO. 1022/2007 816 QUOTE GOOD FOR 60 DAYS. SIGNATURE TERMS REP SHIP VIA PROJECT Net 30 SLT L.ely MSTU ITEM DESCRIPTION QTY PRICE TOTAL Lely MSTU I- Scorpio DC 8 Station w /Radio in Green Steel Powder Coated Enclosure F2948A UHF(450- 470MHz) Scorpio DC 21N /8OUT 1 1,325.00 1,325.00 MLB -8-DC Surge Protector DC 2 IN/8 OUT 1 235.00 235.00 34962 Sunsaver 6 Voltage Regulator 1 50.00 50.00 IS -SCO2 Enclosure w/Hood, backpanel, w /20W Solar Panel/ UHF 1 1,980.00 1,980.00 Antenna, w/Mouming Template 710 -1300 12v Battery (25AH) Sealed 1 89.00 89.00 Note: This enclosure has solar panel built inside. It's been a pleasure working with you! TOTAL $3,679.00 QUOTE GOOD FOR 60 DAYS. SIGNATURE AGRONIX SKCWMN61N MOTORWA IRRIGATION CONTROL STR W 1304 N. 15th STREET IMMOKALEE, FL. 34142 239- 657 -5519 I CUSTOMER NAME I Collier County DOATM /Transportation 2885 Horseshoe Drive South Naples, Fl. 34104 1611 q1C QUOTATION /PROPOSAL DATE QUOTE NO. 12/21/2007 862 QUOTE GOOD FOR 60 DAYS. SIGNATURE TERMS REP SHIP VIA PROJECT Net 30 SLT Lely MSTU ITEM DESCRIPTION QTY PRICE TOTAL Lely, MSTU 1- Scorpio AC w/Radio 24 Station in 24" Single Door Enclosure F2848A UHF(450- 470MHz) Scorpio AC tin /bout w/ HT750 1 1,325.00 1,325.00 Radio FLN2154A Scorpio AC 1/0 Expansion Kit 1 225.00 225.00 F2805A Scorpio V2 AC 2 in/8 out 1 800.00 800.00 800.0365 12v Power Supply LDA50F 4.3anap 1 100.00 100.00 800 -7106 H -IN -S AC Power Cable 1 0.00 0.00 800 -7111 H -OU -9 DC Power Cable 1 0.00 0.00 SB -24SS SS Enclosure 24W X 36H X 12D 1 1,495.00 L495.00 PED -24SS SS Pedestals 24W X 12H X IOD 1 440.00 440.00 MLB -8 -AC Surge Protector AC 2in/8out 3 235.00 705.00 85836 Low Profile Ant UHF 450 -470 MHZ 1 90.00 90.00 51020 -WM Leviton Surge Protection 1 176.00 176.00 8299 -AW GFI W /Switch Leviton (15Amp) 1 31.00 31.00 T -11 Single Gang Box 1 0.00 0.00 Thank you for your business. TOTAL $5,387.00 QUOTE GOOD FOR 60 DAYS. SIGNATURE AGRONIX SPEC6W11N6IN MOTOROLA IRR16ATI NI CONIW STSTEMS 1304 N. 15th STREET IMMOKALEE, FL. 34142 239 - 657 -5519 I CUSTOMER NAME I Collier County DOATM/Fransportation 2885 Horseshoe Drive South Naples, Fl. 34104 1611 Al QUOTATION /PROPOSAL DATE QUOTE NO. 12/21/2007 863 QUOTE GOOD FOR 60 DAYS. SIGNATURE TERMS REP SHIP VIA PROJECT Net 30 SLT Lely MSTU ITEM DESCRIPTION QTY PRICE TOTAL Lely MSTU I- Scorpio AC w/Radio 8 Station in 18" Single Door Enclosure F2848A UHF(450.470NUU) Scorpio AC tin /bout w/ H1750 1 1,325.00 1,325.00 Radio 800 -0365 12v Power Supply LDA50F 4.3amp 1 100.00 100.00 800 -7106 H -IN -S AC Power 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 PED -18SS SS Pedestals 18W X 12H X IOD 1 375.00 375.00 MLB -8 -AC Surge Protector AC 2in/8out 1 235.00 235.00 85836 Low Profile Ant UHF 450 -470 MHZ 1 90.00 90.00 51020 -WM Leviton Surge Protection 1 176.00 176.00 8299 -AW GFI W /Switch Leviton(I 5Amp) 1 31.00 31.00 T -I l Single Gang Box 1 0.00 0.00 Thank you for your business. TOTAL I'1 $3,622.00 QUOTE GOOD FOR 60 DAYS. SIGNATURE e 1 L r Biala I-lalas rn y 1 Henning. _ 161 11 Coyle Coletta —. PELICAN BAY SERVICES DIVISION BOARD MEETING February 6, 2008 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, February 6, 2008 at 1:00 P.M. at Hammock Oak Center 8960 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Coleman Connell, Chairman Mr. James Burke Mr. John Domenie, Vice Chairman Mr. John laizzo Ms. Annette Alvarez Mr. Michael Levy Ms. John Boland Dr. Ted Raia Mr. Edward Staros Mrs. Mary Anne Womble ALSO PRESENT: Fourteen (14) members of the public; Mr. Tim Hall, Turrell, Hall & Associates; Mr. Jim Hoppensteadt, Pelican Bay Foundation; Mr. John Petty and Ms. Janice Lamed, District Offices, LLC; Ms. Heidi Ashton- Cicko, Assistant Collier County Attorney; Mr. Kyle Lukasz, Field Operations Manager and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the January 9, 2008 Meeting 3. Audience Participation 4 Chairman's Report Vacant Position on the Board Foundation Incorporation Steering Committee Foundation Strategic Planning Committee Budget Committee Resurfacing Pathways on Myra Janco Daniels Boulevard Status, Fishing Pier, Vanderbilt Beach 5. Committee Reports Clam Bay Committee Report Educational Video Review of Clam Bay Annual Report Clam Bay Permit Extension Mangroves along the Berm Budget Committee No Report Government Relations No Report 6. Administrators Report Pathway Capital Options Pelican Bay Services Division Office Space Lease District Offices LLC Proposal 7. Capital Projects Median Improvements – Myra Janco Daniels Boulevard Sidewalk Lighting – Myra Janco Daniels Blvd & Vanderbilt Beach Road Community Issues Sidewalk Repairs Mist Comes: Hurricane Charley Storm Damage 8. Committee Requests Date: item #A o T l l l 7161 to Pelican Bay Services Division Board February 6, 2008 9. Audience Comments 10. Adjourn 1611 A .,M9 CHAIRMAN CONNELL: I'll call the meeting to order. Before commencing our meeting, it is appropriate that we pause and commemorate our recently deceased friend and fellow board member David Bramson. David brought to this body years of experience in the public accounting field and demonstrated his knowledge and experience as Chairman of the Budget Committee, as well as many other matters which came before our group, never reticent to join in the discussion of any subject before our group. His opinion and advice were always welcomed. To his wife, Libby, and their family, we extend our sincere sympathy on their loss, as well we will miss him. And I also wish to acknowledge a thank -you note which was addressed to me. I'm not sure whether all the Board members got it, but it is thanking the Board for the floral arrangement that was sent at the time of his death. ROLL CALL Mrs. Smith, do we — would you like to call the roll? MS. SMITH: Let the record reflect all members present. APPROVAL OF MINUTES OF THE JANUARY 9.2008 MEETING CHAIRMAN CONNELL: Do we each have a copy of the minutes of January the 9th? Does anyone have any corrections? MR. BURKE: Mr. Chairman, page 7141, second paragraph, it read that I said "Naples commercial properties," and it should have read "Pelican Bay commercial properties." CHAIRMAN CONNELL: Any others? Hearing none I'll entertain a — DR. RATA: Oh. CHAIRMAN CONNELL: Yes. Go ahead, Dr. Raia. DR. RATA: Its on page 7151, Mr. Petty's comments and the use of the pronoun "we." I would recommend that he be find of careful in using that pronoun unless its something that the Board has voted on. Then it's we; otherwise, its a comment by Mr. Petty alone. And its in that paragraph as the use of the word "we" on a subject that I don't think we had discussed or at least agreed upon, but I would just recommend that Mr. Petty be cognizant of using 'We' because of the unique position he has here. 7162 Pelican Bay Services Division Board February 6, 2008 1611 A Any comment, Mr. Petty? MR. DOMENIE: Do you want to reword that in any way; is that what you're saying? MR. PETTY: I think I understand the concern, and I agree that we all should be careful in that regard. DR. RATA: Yes, sir. MRS. WOMBLE: Maybe we could just use the word "staff' has on the agenda. MR. IAZZO: Well, its either your comment or the staffs comment. MR. PETTY: In this particular matter, the board did hear about this issue in previous meetings. There had been discussion that I had brought to their attention so that this entity sitting today was reviewing that, so I think in that particular case the "we" is appropriate, but — MR. IAZZO: In that context. MR. PETTY: In that context. But I think I understand the concern in that the Administrator does not speak on policy issues that the Board has not voted on. DR. RATA: Mr. Petty, I agree. That's the point I want to make. I don't want to go into the detail of what that particular "we" was about, but I am satisfied as long as we understand that point. Thank you. CHAIRMAN CONNELL: Thank you. Mr. Burke moved seconded by Mr. Domeme and approved on a vote of 10/0 to approve the Minutes of the January 9, 2008 meeting with the above noted correction. AUDIENCE PARTICIPATION Mr. Connell: We move to audience participation. As is our general practice, anyone wishing to make anything known to us, if you'd please step to the microphone, kindly identify yourself and where you live in Pelican Bay and understand that we have a three - minute rule for any of these presentations. MR. MUELLER: Hi. My name is John Mueller. I'm at 834 Bentwood Drive in Naples, Pelican Bay. I'm actually looking for a little advice. After the hurricane, the big hurricane a couple of years ago, my lanai went down, and we put up a temporary fencing around it. We tried to get the lanai first and then we had the lanai taken out pretty quickly, but it took us a long while 7163 Pelican Bay Services Division Board February 6. 2008 1611 A 1 before we finally got somebody to come and give us an estimate. Between going back home and then coming back here, when we got to the point where we were ready to put the lanai in, my wife and I, because we had been looking out the back for so long and we said how beautiful it is without the lanai, so we decided to go to a fence. We put a fence in, and about a year after the fence went in we got something on our door saying that the fence was not in compliance with county rules. Basically, we used fencing on the left -hand side and on the far side, and on the right -hand side there was a hedge alongside the lanai that was about six -foot tall, and we used that as the fencing on that side. They came back and basically said that that was not fence — the hedging was not allowable, although they had approved it. The result is I went back to the fencer who said that he would apply for an extension to the permit. In the meantime, he never did that. Now he's walked away from me. He doesn't want anything to do with it. He's not from Collier County. He's from Lee County, and I guess that's part of the reason. I filed the permit with Pelican Bay. I believe that they came out and looked at it, and they had no problem with it. So the hedging that's used there now and where the door opened up from the lanai I put a gate there. You can't see through the hedge, its better than the fence. Its higher than the fence, and there's no way anything can get through there. You can get through the openings in the fence better than you can do that. Now what they're doing is they're threatening to take me to court. I am asking how, you're the only people that I know that I can ask how do I proceed here? CHAIRMAN CONNELL: Now, this is on private property; correct? MR. MUELLER: This is on my property, correct. CHAIRMAN CONNELL: Does the county have jurisdiction on this, John Petty? MR. PETTY: Mr. Chairman, the county would have jurisdiction. I believe the Foundation has some architectural review, but I don't know if it would go to fences. Certainly your association would. MR. MUELLER: Yes, but we don't have an association — MR. PETTY: Okay. CHAIRMAN CONNELL: It's Bentwood. MR. MUELLER: Maria, she was here — I filed the property — 7164 Pelican Bay Services Division Board February 6. 2008 1611 A11 MR. PETTY: Bentwood -- I'm sorry. You're in Oakmont on Bentwood? MR. MUELLER: Yeah. MR. PETTY: You're looking at deed restrictions, so it's private property. MR. MUELLER: I'm not in Oakmont. I'm in — MR. PETTY: Its the other single family. MR. MUELLER: Pinecrest. MRS. WOMBLE: Pinecrest. MS. ASHTON- CICKO: Pinecrest. MR. PETTY: Again, isn't the foundation who is doing the review in Pelican Bay? Thats the only other entity I know. Pelican Bay Services Division, which is what this Board represents, doesn't review such matters on private property. project. We are a division of the County, and it may be that the County is the one that has been red tagging your MR. MUELLER: It is the County. MR. PETTY: Yes. They may have been, and if they are you would have to speak directly with them. We couldn't handle the matter in here. It has to go through their Code Enforcement Division. MR. MUELLER: Right. I initially tried to go to somebody there who could give me a variance. He asked me to provide him with pictures. I did the pictures, went back, and he's gone. There is a new person in his place. I've called the new person. They haven't returned my phone call. In the meantime, the enforcement part of the division is the one that's now threatening. By the way, I had to put a temporary orange fencing up against the hedge, which is ridiculous, but I guess that held them off for a while. - MR. BURKE: Mr. Mueller, what do they want you to do? MR. MUELLER: They sent me a brochure and they are saying that the county rules do not permit hedging as a legal fencing. MR. LEVY: Is this for a swimming pool? MR. MUELLER: It's a swimming pool, right. MR. PETTY: Ah. 7165 Pelican Bay Services Division Board February 6, 2008 1611 A MR. MUELLER: But the first person I spoke to said that maybe I can make a variance if everything looks all right. The enforcer says, "I don't think you can get a variance, but call this person." In the meantime, he said, "I'm not going to do anything" because he agrees the hedging is better than the fencing. But I guess they're afraid of a storm or something like that. MRS. WOMBLE: Was the hedge there when you moved in? MR. MUELLER: I'm sorry? MS. WOMBLE: Did you put the hedge in, or was it there when you moved in? MR. MUELLER: No, the hedge was there to protect you from seeing the house next to you. DR. RATA: Did you put the swimming pool in, John? MR. MUELLER: No, I did not. DR. RATA: Okay. The problem that I see is that the swimming pool is an attractive nuisance, and the County would probably not want to approve anything that by code is a violation. And if some youngster should be attracted to your pool and drown it would shift the responsibility to the County and, you know, as ridiculous as it may seem, because the particular hedge you have may be better than the fence you have, it doesn't meet the code that you need a fence. The easy thing to do is keep the hedge and just put a fence in there that meets code. Now, the code may be that they may require a five -foot fence. Many communities require a minimum of five feet. MR. IAZZO: Four. I think its only four. DR. RATA: If it's four feet here, then its four. You know, you're not going to beat them, and it's just going to cost you money and aggravation because the problem is its a swimming pool. It's not the fence. Its the swimming pool thats an attractive nuisance. MR. MUELLER: Right. The problem is its difficult. To put a fence in, you have to take down the hedge, and it's kind of silly to do that, but -- DR. RATA: Do you own the property on both sides of that hedge? MR. MUELLER: Yes. DR. RAIA: Well, why don't you put the — the fence on the side away from the pool and then meet the fence around it? 7166 Pelican Bay Services Division Board February 6, 2008 MR. IAZZO: Put the fence on the outside. CHAIRMAN CONNELL: Put it in the back. 1611 A DR. RAIA: It doesn't matter where the fence is as long as the pool is fenced in. That's what the County is concerned about. MR. BURKE: What is your address? MR. MUELLER: But let me tell you, they approved the original one. MR. IAZZO: The original fence — DR. RAIA: Nobody can really approve anything that's wrong, so it falls back to you eventually. MR. MUELLER: Its clearly marked on the permit. MR. IAZZO: You're saying they approved the portions? MR. MUELLER: They approved the hedge. MR. IAZZO: But they didn't know it was going to cover or protect a pool. MR. MUELLER: Well, yeah. MR. PETTY: Mr. Chairman, I'm sorry to interrupt -- MR. MUELLER: Sure. MR. PETTY: — Mr. Chairman, but we can't solve this issue, and we are poorly suited to even discuss the issue. I would suggest, even though as troubling as it may be — MR. MUELLER: Yeah. CHAIRMAN CONNELL: — that you stick with the Code Enforcement Division of the County even though they are changing faces. MR. MUELLER: All right. MR. PETTY: There is nothing that this body has the jurisdiction to get involved with. MR. MUELLER: All right. Could I ask, what do they mean when they're going to bring me to court? MR. PETTY: Sir, I can't give you legal advice either. DR. RATA: You'll get a subpoena. MR. MUELLER: Thank you very much. MR. BURKE: 111 Bentwood? 7167 Pelican Bay Services Division Board February 6, 2008 MR. MUELLER: No, 834 Bentwood. MR. BURKE: Thank you. MR. IAZZO: You're right up against US 41; right? MR. MUELLER: Yes. 161 MR. MUELLER: There's a lake in the back. CHAIRMAN CONNELL: Does anyone else have anything? MR. MUELLER: A lake was more exposure, I guess. CHAIRMAN CONNELL: Yes, sir. Come right ahead. MR. GRACY: I'm Cal Gracy, 549 Serendipity. I was here last month and I felt compelled to come back to tell you the next day after appearing here and walking the Boulevard, Daniels Boulevard, there were cones out, and they were digging out the spaces on the pedestrian pathway. I've never witnessed such quick response, so I want to first of all, compliment you if you did that. I also thought it would be important to give you a report. There are now 19 patches between gateway and the entrance to the church, 15 patches between the church and Bridge Way Villas. Well, that's a total of, I think, 33 patches in a very short distance. They're landscaping the park, the boulevard and they're lighting the boulevard. And we've got a pathway with 33 patches, which seems to me ought to coincide with the other visual environmental things that are happening and replace that pathway sometime in the future. I've been in transportation for over 54 years. I retired a long time ago. There is a thing called maintenance management. There is a time when you're spending more money by patching than you would if you did it over again. Do you remember the old adage, "See me now or pay double later"? I just thought maybe it would be nice to compliment you on such quick response. It was there the next day. I'm not complaining. I've got a complaint -free bracelet But I am concerned that it would be nice to have that boulevard sidewalk on that side to match the landscaping and the lighting. Thank you very much for your time. CHAIRMAN CONNELL: We really have to be honest with you. You had the good fortune to voice your concern and complaint with two members of the County Transportation Department sitting right over there for another reason at the time, and it got immediate attention. 7168 Pelican Bay Services Division Board February 6, 2008 161 MR. GRACY: Would you thank them for me? CHAIRMAN CONNELL: I will do that. MR. GRACY: And I think I'm out of order. I see its on the agenda. I have to leave, but I'll read the minutes. CHAIRMAN CONNELL: All right, sir. MR. GRACY: Thank you very much for your time. CHAIRMAN CONNELL: Uh -huh. Yes, ma'am. MS. ARMSTRONG: Lynn Armstrong, St. Lucia. My husband wanted me to ask you what is growing in the mangroves now instead of the cattails? It is tall and spindly and seems to be taking over. MR. DOMENIE: Those are bulrushes. Mr. Hall, I don't know if you want to address it that they are not like cattails. They don't form to mats. MS. ARMSTRONG: But they're filling in. MR. DOMENIE: Tim, do you want to respond to that? MR. HALL: I'm assuming she's talking about the bulrushes. It could also be white mangroves. Their first few years of growth they're pretty tall and spindly as well, but neither one of those plants cause the environmental concerns that we would have with the cattails. They both allow much more light penetration. They don't have as much dead vegetation associated with them to form the mats and don't have the long -term water - quality issues with those types of vegetation that we would have with the cattails. MS. ARMSTRONG: Are they going to fill in completely? They keep growing. In front of St. Pierre theyre really filling in. MR. HALL: We have some areas where the white mangroves are definitely filling in some of that open area where the cattails had been before. The bulrushes will come and go. I don't know if you've paid attention, but over the last few years on both sides of the berm where the bulrushes become established. They will grow for a while. Usually the winter weather when we have the cold snaps is good for knocking those back, and then they start over. We've been unseasonably wane this year. We probably won't see that happen, but as we go through that in the future some of that will get killed back, and thats just part of the natural processes that can go on out here. 7169 Pelican Bay Services Division Board February 6, 2008 MS. ARMSTRONG: Okay. CHAIRMAN CONNELL: Anyone else? 161 MR. CRAVENS: Good afternoon. My name is Tom Cravens, and I'm the president of the Mangrove Action Group, and the first thing I would like to do is invite you to attend the third annual Mangrove Festival that's going to be held this Saturday at the Conservancy of Southwest Florida. And if you're interested in mangroves and wildlife it's a great event. Its free. You don't even have to be a member. The Conservancy is located just one block south, the first traffic light south of the zoo on Goodlette -Frank Road. You take a left at the light. So you're all welcome. It starts at 9 and goes until 3. They have boat rides on the Gordon River, walks through the butterfly garden, and five different speakers on various mangrove environmental matters. The second thing I want to do is express the Mangrove Action Group's deep concern about hundreds of mangrove seedlings, mostly white mangroves, which were killed as a direct result of an application of herbicides. This action took place near Berm Location Marker 10 on the west side of the berm. It took place a few weeks ago. I don't know the exact date. I walk the berm daily, and I became aware of it just after it happened. The use of herbicides that kill mangroves should not have happened. It is against the 1996 amendment to the Mangrove Trimming and Protection Act to do anything that causes the death of mangroves. This amendment expressly prohibits the use of herbicides on any mangroves. The Mangrove Action Group would like to urge the Pelican Bay Services Division to fully investigate why this use of herbicides took place and to try and take steps to see that this never occurs in the future. Mr. Domenie and Dr. Raia have both seen the area that I'm talking about. I do have a photograph of the image. I did speak with the local representative from the Florida Department of Environmental Protection, and it was her opinion that you don't put herbicide on mangroves. MR. DOMENIE: Thank you, Mr. Cravens. I have a question on that later on the agenda. MR. CRAVENS: All right. MR. DOMENIE: So we will be addressing that, but thank you very much for bringing it to our attention. CHAIRMAN CONNELL: Anyone else? Yes, David. MR. ROELLIG: Yes, I am David Roellig. I'm at 6000 Pelican Bay Boulevard. Since leaving this Board, I'm 7170 Pelican Bay Services Division Board February 6. 2008 on the board of the Estuary Conservation Association, which is a neighbor organization that's concerned with Wiggin's Pass and Vanderbilt Lagoon and so forth. We have an annual meeting coming up next Monday at St. John's Church starting at 7 p.m. We will have a presentation. We have a garden program in that estuary where we have a student and a professor from Florida Gulf Coast University analyzing environmental issues in the Estuary. They will give a short report. We also have Clyde Butcher who is going to provide a report and, also, a slide show of some of his artwork. I certainly encourage everyone that has time and would like to see what the neighborhood environmental groups are doing right adjacent to us. We've never been able to really get a lot of synergy between Pelican Bay and Wiggin's Pass, but I think there are certainly a lot of opportunities. So I'll give this to Mr. Petty, the announcement, if anyone's interested. I'm also interested in the status of the extension or the renewal of the Clam Bay restoration permit. I see that's on the agenda, and, if I may, I'd like to comment on that when that comes up on the agenda. CHAIRMAN CONNELL: Thank you. MR. BURKE: That's the — Dave, the meeting's the 11th? MR. ROELLIG: At St. John, right, at 7 p.m. MR. BOLAND: Excuse me. Isn't that a Meet - the - Candidate Night? MR. CONNELL: Pardon me? MR. BOLAND: Is there a meeting next Monday at seven o'clock? MR. STAROS: That's it. MR. BOLAND: That's with the candidates you're talking about? MR. BURKE: No, no candidates. MR. BOLAND: Is that right, Jim? We have a meeting next Monday to meet the candidates, I believe, at seven o'clock. MR. BURKE: Yes. MR. BOLAND: Yes, it's the same. CHAIRMAN CONNELL: Anyone else? If not, thank you. CHAIRMAN'S REPORT VACANT POSITION ON THE BOARD 7171 I� Pelican Bay Services Division Board 1611 A 1 1 February 6, 2008 MR. CONNELL: As you -all know, because of the demise of David Bramson, we have a vacancy on the board. According to the Ordinance by which this body is governed, the first aftemate would be the person who received the next -most votes at the last election. That would be Robert Pendergrass. Mr. Pendergrass is also a candidate for a seat on the Foundation board. That is not a conflict in the event he is elected; the reason being, that the Foundation is not a governmental body and, therefore, I — correct me if I'm wrong, Heidi. It does not create a conflict; am I correct? MS. ASHTON- CICKO: He can serve on both boards. CHAIRMAN CONNELL: Thank you. MS. ASHTON- CICKO: The Foundation is a private group. CHAIRMAN CONNELL: Mr. Pendergrass has accepted the invitation to join the Board. Consequently, does anyone have any question or comment to make about what I've said thus far? If not, I'll entertain a motion to recommend to the Board of County Commissioners that they affirm the appointment of Robert Pendergrass for the remainder of the term expiring March 31, 2010. CHAIRMAN CONNELL: Any comment? DR. RAIA: Who would be next in line in case Mr. Pendergrass decides to not fulfill this position? CHAIRMAN CONNELL: Mr. Spanier. MR. RAIA: Okay. So there is somebody else. CHAIRMAN CONNELL: Yes. DR. RATA: Okay. MR. BURKE: The one after him. CHAIRMAN CONNELL: Well, the one right after him withdrew from the voting, but there's one person left after that. MR. BURKE: Ann Halikas. Mr. Burke moved seconded by Mr. Domenie and approved on a vote of 10/0 to recommend Mr. Robert Pendergrass to the Board of County Commissioners for appointment to the Pelican Bay Services Division Board. 7172 Pelican Bay Services Division Board February 6, 2008 1611-, CHAIRMAN CONNELL: The motion is carried. Now, I expect that we can get that motion sent to the Board of County Commissioners promptly. I believe that they Meet on February 26th and they would be able to act on it so that we can promptly fill the seat. FOUNDATION INCORPORATION STEERING COMMITTEE Mr. Connell: The Foundation has conducted two meetings thus far, informational meetings, remarkable in their contrast. And the format was changed for the last one, which in my opinion, was far more productive and certainly worked well. I haven't had any meeting with that group since then, and I wasn't with the group at the time. But that's where it stands. There three three more meetings? MR. STAROS: There's one the 13th. CHAIRMAN CONNELL: Well, it doesn't matter. There will be more. MR. HOPPENSTEADT: Yes, there's five more meetings. One of them is to the Men's Coffee, one of them is to the Women's League, and one of them is to the President's Council. But I would probably clarify that its not the Foundation that's presenting it. Its the Incorporation Steering Committee presenting it. DR. RATA: I'd like to make a comment on that if I may. CHAIRMAN CONNELL: Certainly. DR. RATA: Its often quoted that the Steering Committee is made up of the three boards, the Foundation Board, the Pelican Bay Services Division Board, and the Pelican Bay Property Owners' Association. Now, what is your position? Since it gives the appearance that we are doing something with this committee, how does it function? CHAIRMAN CONNELL: It functions strictly as an information - gathering group. DR. RAJA: Okay. CHAIRMAN CONNELL: I would like to say that I've been on it from the beginning. I can say honestly I have not detected any element in that steering committee that speaks for or against incorporation. It has been strictly how do we do it and what are the benefits. Well, you heard them all if you went to the meeting. DR. RATA: In that regard, I would like to suggest a motion, if I may, and I want to make a motion that the Chairman representing the Pelican Bay Services Division at the Pelican Bay Steering Committee informs the 7173 Pelican Bay Services Division Board February 6, 2008 1611 A committee of the following Pelican Bay Services Division position: The Pelican Bay Services Division takes no position for or against incorporation, but that it supports the steering committee proceeding to complete the feasibility study; second, the steering committee proceeds in the most amicable way in resolving differences of opinion that may be generated with residents and the county, and, third, that an opposition member, such as Ted Gravenhorst or someone else, be appointed to the steering committee as soon as possible. CHAIRMAN CONNELL: There's one thing and I missed it when you showed that to me earlier. The feasibility report would not be touched or even commenced until after a majority of the owners in Pelican Bay had voted to proceed, so it will never materialize until we get to that point. DR. RATA: You know, there's a conflict from attending the meeting the other night because most people don't want to vote until they know more about it, and the only thing that deprives them of knowing more about it is the feasibility study. So it was my impression that we were going to proceed to the feasibility study and then have an opportunity to present that information to all the residents, and they can then do with it what they want. But I think asking anybody today what their feeling is was a little bit premature, and not sufficient information was given out. So this is only my suggestion. It's on the board to be voted up or down, but it was my impression that they would like to proceed to the feasibility study, and that would be the information that gets voted up or down. CHAIRMAN CONNELL: Well, that's something I'm not aware of And the feasibility report is very expensive, as you might imagine, and one would not go forward with spending that money, unless the populous as a majority said, yes, from what you've told us, we should keep going. MR. BOLAND: Right. CHAIRMAN CONNELL: Mr. Hoppensteadt, do you have anything more to say about that? Am I not correct? MR. HOPPENSTEADT: No, I think to talk to Dr. Raia's point, Henry Price did suggest that it would be the right thing to do to move forward. As I understood it, that was his personal opinion. I don't think the Incorporation Steering Committee has considered doing that as of this point. CHAIRMAN CONNELL: No, they have not. MR. HOPPENSTEADT: So I don't know if Dr. Raia's point is to put that on your agenda. The Foundation hasn't taken a position on it yet either so -- yes. 7174 Pelican Bay Services Division Board February 6, 2008 161 MR. PETTY: Mr. Chairman, if I could add something to that, the point of bringing information back to this body was to get comments, and comments coming from the board suggesting alternatives to some of the actions that have been discussed is certainly something that you can consider. As you know, we have also on a staff level set up communication with the County on this issue so that the County has the availability to talk about the services that are being delivered to Pelican Bay so that we're comparing apples to apples so we don't get a false comparison in this analysis. Mr. Hoppensteadt and I have been working on that, and we've met with the county staff, and we think that we'll be meeting with the department once the feasibility study is done but not before because we won't have itemized issues until then. But for Board members to bring up suggestions for consideration of the Incorporation Steering Committee voiced through the Chair is certainly something that you can discuss. It is not part of our charter. We are not in charge of incorporation, but it is a community issue, and they've asked us for our input. We have vetted this through the County Administrator's Office and, also, through Mr. Halas' office. CHAIRMAN CONNELL: Thank you. UNIDENTIFIED SPEAKER: Commissioner, out of order can I make a comment? MR. BURKE: I promised you I wouldn't ask any questions for the sake of time, but my curiosity has overridden. Does the Incorporation Steering Committee have a budget, and do they authorize actions? And I have a specific action in mind that I'm curious about. Does it have a budget? MR. PETTY: Mr. Chairman, again, let me say — MR. BURKE: Well, Mr. Petty, are you on the Incorporation Steering Committee? MR. PETTY: I'm part of the staff, sir. MR. BURKE: No, but are — this is — MR. PETTY: I'm part of the staff, sir. MR. BURKE: This is an Incorporation Steering Committee — MR. PETTY: And I was there when we made the arrangements for this group to be involved. MR. BURKE: Yeah. So my question, does it have a budget? MR. PETTY: And it included the money, sir. During that meeting — and you were there — it included the 7175 1 Pelican Bay Services Division Board 1611 A February 6, 2008 money. MR. BURKE: What money? MR. PETTY: The Foundation said that they would fund it. The reason the property owners brought it to the Foundation in the first place was because they thought they were a better funding source MR. BURKE: What does that have to do with -- MR. PETTY: At that time we told them we could not fund them. MR. BURKE: What does that have to do with my question, though? MR. PETTY: You asked if they had a budget, sir. MR. BURKE: Yeah. MR. PETTY: That's what they were discussing. That's why the Foundation took it on. If the foundation has a budget I don't know how we would get a copy of it. MR. BURKE: Boy, now my curiosity is rolling. Good Lord. Does the Incorporation Steering Committee, not the Foundation — 1 know the foundation has an unlimited budget. Does the Incorporation Steering Committee have a budget? That's all — my only question. CHAIRMAN CONNELL: Well, I hesitate to try to — No. 1, 1 have never seen any -- MR. IAZZO: This was initiated by both the Pelican Bay Property Owners and the Foundation. I think that budget is spent already. Now its just a study. The money's already been spent as I see it. MR. BURKE: Okay. So — MR. HOPPENSTEADT: Well, I think to Mr. Burke's question as posed, I don't think the Incorporation Steering Committee has a budget. What they do have is a commitment from the Foundation Board and the Property Owners' Board to fund activities that the Incorporation Steering Committee approves and recommends. So to the point of it being a budget, no; to the point of an action that the Incorporation Steering Committee would propose in its charter of collecting and communicating, that would be duly funded by the Property Owners' Association and Foundation. MR. BURKE: Okay, so there's no budget. The second part of my question is, can the Steering Committee authorize actions such as legal proceedings? CHAIRMAN CONNELL: Legal proceedings? 7176 Pelican Bay Services Division Board February 6, 2008 MR. BURKE: Yeah. MR. IAZZO: Recommendations. 1611 CHAIRMAN CONNELL: I believe that that would not be the case. It would have to go back to the Foundation for approval because it would be a request for additional funds. MR. HOPPENSTEADT: It would be outside the charter of collecting and communicating. CHAIRMAN CONNELL: Sure. MR. IAZZO: It's strictly fact finding. I mean, they don't go beyond that point. MR. SEIDEL: Can I make a comment, or is that out of order? CHAIRMAN CONNELL: No, sir, go right ahead. MR. SEIDEL: My name is Seidel, Steve Seidel. And listening to Dr. Raia's comments about the feasibility study, I think he's right on; however, there was another subject that seemed to get an awful lot of attention, and that was the water problem in that most people had the feeling that if that water situation with the County wasn't taken care of or explained or handled properly the process wouldn't go any further. Am I pretty close on that? CHAIRMAN CONNELL: You're correct, yes. DR. RATA: I spoke to the Foundation people at that meeting, and I have a strong commitment from them -- and they're going to come out with it — that under no circumstances will there be incorporation without a solution to the water problem. So if we don't get the water there'll be no incorporation, and they're going to come out in front with that. That's a given. There's no incorporation without water. CHAIRMAN CONNELL: I was at the Monday meeting. I came away thinking that that assurance had been given. Now, there was a lot of rhetoric, and for some listening it may have gotten buried in the rhetoric. But it is also my understanding that nothing will go forward until that matter is settled for certain. MRS. WOMBLE, That was my understanding, also, after I spoke with a number of people who attended the meeting. MR. BOLAND: I agree with you, Mr. Connell. And the other thing was they emphasized there's been a lot of disparaging about how much money is being spent on the original right now, and if the pamphlet they handed out came up to — the gentleman next to you said its $500,000. 1 added it up. I got $71,000 just — $71,000. 7177 Pelican Bay Services Division Board February 6, 2008 1611 A I 1 And what transpires is that without the water you're right, but all they're going to spend is $71,000, and then predicated on whatever information they gather, then they would put a vote. If the water issue is not resolved, I think the vote's up in the air. I think that's the way we left it. But Henry was pretty sure they were trying to negotiate out of court, because if you go into court you can be it up for a year, and then I don't know what would happen next. MR. IAZZO: We shouldn't be talking about something that has nothing to do with our agenda. We're off course on this. it. MR. BOLAND: Yeah. MR. IAZZO: I think we ought to cut it off. MR. BURKE: But the curiosity gets the better part of you. MR. IAZZO: It kills the cat too, Jim. MR. BURKE: Well, not this cat. MR. IAZZO: Oh, yes. MR. DOMENIE: I think we have a motion that was proposed by Ted Raia. I don't know if anybody seconded DR. RAIA: I want to make a motion that the Chairman representing the Pelican Bay Services Division at the Pelican Bay Steering Committee informs the Committee of the following Pelican Bay Services Division position, what you're voting on if this is your position or not. I'm suggesting it. The Pelican Bay Services Division takes no position for or against incorporation but that it supports the Steering Committee proceeding to complete the feasibility study. The Steering Committee proceeds in the most amicable way to in resolving differences of opinion that may be generated with residents and the County and that an opposition member; for example, Ted Gravenhorst appointed to the Steering Committee as soon as possible. CHAIRMAN CONNELL: Dr. Raia, if I were to assure you that at the next meeting of the Steering Committee I will carry that message to them, would that be sufficient? DR. RAJA: I would be delighted because, you know, if they turn it down, that's their prerogative, but I think it ought to be on the table. CHAIRMAN CONNELL: Do you have an issue -- 7178 Pelican Bay Services Division Board 11 February 6, 2008 DR. RAIA: I mean, that's my feeling. If this board thinks it should be on the table, then it should be on the. CHAIRMAN CONNELL: Was the person you selected, as I recall from the motion, Ted Gravenhorst? I will want to carry a name with me. DR. RATA: If there's another name that wants to be generated from this board, please do. I've seen him at other meetings speaking. He seems to be respected by the other side. I would like to see opposition people represented on that committee so that when a report is given that people feel it included everybody, and right now I think there's a lack of credibility because the report, even though, as you say, you're not hearing anybody's for or against it, its not being read that way. I would like us to do something about that, if you want to. CHAIRMAN CONNELL: With all due respect to the board, I would like to think that I could carry the message to the Steering Committee, and report back at the next meeting. MR. IAZZO: You could make a recommendation; that's about it. CHAIRMAN CONNELL: That's it, yes. MR. DOMENIE: Well, don't we need a second? All this discussing -- DR. RATA: Yes. I mean, maybe there are people on the Board that don't agree with me. Do you want to represent just my view, or do you want to represent the board's view? CHAIRMAN CONNELL: I'm trying to keep a motion off the off the books, quite frankly, yes. MRS. WOMBLE: Well, as I recall, it was brought to our attention a little while ago that we are here and discussing this as our Board only to give suggestions to your Steering Committee. I believe that's why it was put before us. So maybe that could be a suggestion by Dr. Raia for you to follow through with at your next meeting, and that would be how we handle it. CHAIRMAN CONNELL: Well, I can assure you I will. DR. RATA: You must appreciate that I would gladly go do this myself, but that would put two of us at the meeting, and that's against the law, and as a law- abiding citizen I am suggesting that either you carry this message from me or you carry the message from the Board. It doesn't make any difference to me. CHAIRMAN CONNELL: As the result of a discussion at our meeting, I will carry to the next meeting this request and bring you back the answer. I hope it will carry every bit as much weight as a motion had by the entire 7179 Pelican Bay Services Division Board 1611 ¢ l February 6, 2008 .L board. DR. RATA: Well, hopefully — since they're quoting that they are comprised of the three boards, I do hope it carries some weight. CHAIRMAN CONNELL: Certainly. If you'd like to come and make the recommendation yourself, I'll step out of the room while you do it. MRS. WOMBLE- Mr. Connell, just stand on the table when you do it. CHAIRMAN CONNELL: But, for the record, would you be willing to withdraw the motion, or do you want to vote on it? MR. BURKE: It didn't get a second. CHAIRMAN CONNELL: Yeah. MR. DOMENIE: We need a second. We discussed it. DR. RATA: Look, as far as I'm concerned, it doesn't have to be a motion. I mean, if you're going to do it, that's all I'm trying to accomplish. That's fine. CHAIRMAN CONNELL: I assure you. So is the motion withdrawn ?. DR. RATA: The motion's withdrawn, yes. Thank you. CHAIRMAN CONNELL: Okay. Thank you very much. FOUNDATION STRATEGIC PLANNING COMMITTEE MRS, WOMBLE: This won't take any time at all. We have not had another meeting. We had one the day before our last Pelican Bay Services Division Board Meeting, and we have not met since then. COMMITTEE REPORTS BUDGET COMMITTEE CHAIRMAN CONNELL: Thank you. The Budget Committee is next on the agenda, and the next meeting of that Committee is Tuesday, February the 26th at one o'clock. Because we are only eight weeks, just one meeting, away from the board's reorganization meeting, I have chosen to act as Chairman of the Budget Committee until that point, and, therefore, I will fill that position until the Board has been reorganized unless someone has an objection to that. DR. RAIA: No. Thank you. CHAIRMAN CONNELL: Thank you. 7180 Pelican Bay Services Division Board 1 6 1 1 A 11 February 6, 2008 CHAIRMAN CONNELL: You each received a copy of the Financial Summaries in your agenda package. Mr. Petty, do you have any comments to make about it? MR. PETTY: Yes, Mr. Chairman. I had spoken to the Board in the past about the carry- forward and how we had addressed that in budgets in prior years, and as you may recall we had projects that were carry- forwards by County policy, and there were also funds that were carry- forward for capital replacements. Things like the trucks and the lawn mowers and the maintenance equipment, would be given a life span, and "X" number of dollars would be allocated each year for replenishing those on a regular basis. Once that fund was established, those numbers weren't routinely shown in the budget as part of a carry- forward. What ends up is you have a large chunk of your funds that you don't see. Now, that doesn't stop you from making decisions. The fact that you made a choice three years ago, it doesn't prohibit you from changing your mind today. So what we would like to do is at the next Budget Committee Meeting is bring all those carry- forwards out, talk to the Budget Committee about them, show them what they are funding, and have them discuss and decide if they wish to continue such programs and possibly consider putting that in each year's budget from now on so that we don't have this allocation of funds sitting from prior years' decisions. To give you some idea of the scope, this number is approximately $800,000 - $900,000 worth of projects and capital replacement funds as we speak. CHAIRMAN CONNELL: And, certainly, if we choose to, it can be reallocated to some other need that is perhaps more pressing than the one originally intended with the action of the board. MR. PETTY: There is all types of considerations. Do you want to go to a four -year life span versus a three -year life span on the trucks? It's certainly doable. Do you want to do it and have the trucks look a little bit less than they do today? And it's the same with the equipment. You can do extensions or changes. CHAIRMAN CONNELL: Well, this is a fine report. I don't know whether it was available to those in the audience or not, and lest you think we are just glossing right over it or approving it, understand that once budgeted, those monies may not be spent for any other purpose unless it comes to this Board for approval, so it becomes public knowledge. Am I not correct, Mr. Petty? MR. PETTY: Yes, sir, all changes between fund categories come before the Board. Things that may be 7181 Pelican Bay Services Division Board February 6, 2008 1611 1 spent for office supplies can be reallocated for office equipment, of course, but as long as you don't change categories typically it doesn't come back. We have discussed in the past where we are monitoring these items on a line item basis and to bring to the Board's attention any changes as we go along. If they are meaningful changes, we do bring them to the Board's attention, and we are in discussion with members of the Budget Committee for other line item notices as well. CHAIRMAN CONNELL: Thank you. MR. LEVY: There are some red flags on here. Would you want to comment at all about that? MR. PETTY: Yes, sir. I'm sorry for being a little bit slow today. I've got a head cold, and if that didn't slow me down enough certainty the medication did. The red flags that you have in your report are the same ones that were there at the last meeting. Mr. Lukasz has gone in and taken a look at the backup graphs that go with each financial, and as you'll recall we have developed six different curves reflecting how money is spent in the field. For an example, lawn maintenance. We expected to spend more money in the summer when the grass is growing much quicker than it is in the winter. We need to make a few adjustments, and we talked about doing that. Mr. Lukasz has a couple of suggestions that he has taken from actual spending events this year that we'd like to implement so that the red flags that you currently see go away, not that they weren't material. Its that every year we do spend money in the winter of a higher percentile than what our graphs had shown. So we would like to adjust our graph accordingly for that percentage. That pertains to the red flag under beautification operations. MR. LEVY: We've got red flags against some interfund transfers of all things. MR. PETTY: Again, these numbers are going to change once we have our meeting with Budget because they have to do somewhat with the carry- forward and somewhat with us getting an understanding with the county systems and having them put the monies in a little bit quicker. We had our first meeting with them a few weeks back. It was a very good meeting. They were very helpful and promised to be ready for more questions at any time, but when the County basically allocates certain funds to the Division the expectation is that they would come over on a monthly pro rata rate. In reality, it comes over to us when the person that's assigned with allocating the funds gets around to it. We're going to try and formalize that up with this new working relationship we're trying to develop with staff of 7182 Pelican Bay Services Division Board February 6, 2008 161 1 A 11 the County, so hopefully those interfund transfers will be taken care of over time. I don't take them as being material, but I don't want to erase them either until we do have this agreement with the County so that we do know how to track those funds coming in. MR. LEVY: Mr. Petty, the 3 1/2 -month cash flow down below under the expenses — MR. PETTY: That's a very similar item, sir, in that we need the County to set that up because we want to show it as a cost. MR. LEVY: Okay. MR. PETTY: Instead, the County currently considers that a carry- forward item. We'd like to see it as a line item cost so that its pro rata share gets put in every month. MR. LEVY: Thank you. CHAIRMAN CONNELL: Anyone else? Thank you. Mr. Gary McAlpin of Coastal Zone Management -- that's a Collier County -based department — is convening a group for the purpose of discussing certain items in the Dr. Tomasko report, which goes beyond our province. Mr. McAlpin has asked Mr. Petty, myself, Jim Burke, and representatives of the City of Naples and Dr. Tomasko to come together at a meeting on February 21 for that purpose. Now, I'm sure it jumps out immediately that there are two of us from the Pelican Bay Services Division there, Mr. Burke and myself. I am assuming, Mr. Burke, and correct me if I'm wrong, that you will be representing the Coastal Advisory Committee and not the Pelican Bay Services Division. MR. BURKE: I don't think it makes much difference. MR. PETTY: It makes no difference. CHAIRMAN CONNELL: Why does it not make any difference? MR. BURKE: Well, the meetings are going to be noticed and will be open to the public MS. ASHTON- CICKO: Would you like me to address — CHAIRMAN CONNELL: Please CHAIRMAN CONNELL: Yeah. MS. ASHTON- CICKO: Okay. I understand that Mr. McAlpin has created or is asking some people to attend a discussion group. 7183 Pelican Bay Services Division Board February 6, 2008 16 11 fj It's not a formal committee. It's a group to discuss issues with Mr. McAlpin and give him some feedback. I understand that they're advertising this discussion group as a public meeting and then they are going to provide notification in the notice that there may be two or more members from the Pelican Bay Services Division, there may be two or more members from the Coastal Advisory Committee, but unless this Board gives specific direction to the two people that Gary's asked to attend you're not really attending in your capacity as a Pelican Bay Services Division member unless this Board gives you direction to do so. You're attending and speaking as an individual if you elect to attend. CHAIRMAN CONNELL: So it's not necessary to keep minutes as well; is that correct? MS. ASHTON- CICKO: It will be necessary for both someone from the Pelican Bay Services Division and somebody from the Coastal Advisory Committee to keep minutes of the meeting. There'll have to be two minute takers. MR. PETTY: Mr. Chairman, there's a couple of procedural items that I should make you aware of. If it is publicly noticed as a Pelican Bay Services Division meeting for discussion purposes or not, this body would be expected to be there. All of this body would be expected to be there. We have some issues with our operating protocols in that noticed meetings must be attended or else you're shown as being absent, so I have concerns there under that protocol if it is a Pelican Bay Services Division noticed meeting. If it is a Pelican Bay Services Division meeting, the two members that have been invited cannot overrule the remaining board members on their right to vote on a matter, so for gathering information there is no problem here at all. For coming to a consensus, I would give you strong warning in that regard. If the meeting can possibly lead to a consensus on a matter that may come for a vote before this body, having two board members present, I think, puts you at risk. CHAIRMAN CONNELL: Well, I have a copy of — of the notice, and it hasn't gone out yet because I asked them not to send it out when I read two or more members of the Pelican Bay Services Division board may be present and may participate at the meeting. And I said you can't do that, but then I got the impression that Mr. Burke would be there representing the Coastal Advisory Committee and, therefore, would take the conflict out of it. MR. PETTY: No, sir, it doesn't. 7184 Pelican Bay Services Division Board 1611 q 11 February 6, 2008 CHAIRMAN CONNELL: I've been given bad advice, I guess. MR. PETTY: I don't want to speak for counsel, but it has been my experience on the examples portrayed to me that it doesn't matter what hat you're wearing. That's why at the Men's Coffee if two of you are there and you start discussing matters that may come before a vote of this body you may be putting yourselves in jeopardy. There are a lot of gray areas in Sunshine, and my counsel is one that is very, very cautious. And, of course, Heidi's counsel is one that has much more experience and knows where that fine line is better than I. 1 will always counsel for caution. MR. BURKE: Well, Mr. Chairman, a comment. One of the people attending representing the city will be a Naples city councilman, John Sorey. He's also on the Coastal Advisory Committee. Dr. Bauer, their environmental department head, will be representing the city, so its not as if there aren't other elected officials and advisory committee people, so my take would be to leave it up to counsel to advise us on this. MR. PETTY: Mr. Chairman, there's one other point that I probably should bring up. And I agree with Mr. Burke in letting counsel provide that response. But you should know this. Mr. Burke talked about how Mr. Sorey would be representing the City of Naples and Dr. Bauer, and the words "representing" are what concern me. If any entities are representing the Pelican Bay Services Division, they only do so either by the Chair's direction, since the Chair can create committees, or it would be under a matter approved by this body where somebody would go represent their opinion or their their position to some other entity. So for invitations to go out that's fine, but they can't speak for Pelican Bay Services Division without one of those two things occurring. MR. BURKE: Heidi, should I retract the word "represent'— MS. ASHTON- CICKO: Well — MR. BURKE: — or should we be part — MS. ASHTON- CICKO: This issue is kind of a brain teaser, I'll say — MR. BURKE: Yes. MS. ASHTON- CICKO: As I stated in the beginning when we first started talking about the item, unless this board directs if the two of you go and decide to participate you're not acting on behalf of the Pelican Bay Services Division; you're just going as two people who are providing their input. 7185 Pelican Bay Services Division Board 1611 A February 6, 2008 I'm not in favor of any votes being taken and decisions being made. If you want to provide your personal opinion, then I'm okay with that. The issue that Mr. Petty raises is an interesting one because the notice that I saw that Mr. McAlpin was proposing that I believe the Chair speaks that there may be two or more members that may discuss an item that comes before the Pelican Bay Services Division Board. That's different from advertising it specifically as a meeting of this Board where the agenda will be the discussion of the Tomasko Report. And I don't know if Mr. Petty's made a decision or not as to whether or not a second notice needs to go out, because if a second notice needs to go out then, you know, all the members are asked to attend in their official capacity unless they're unavailable. CHAIRMAN CONNELL: Well, the notice as it stands now and if minutes are taken would we not be complying? MS. ASHTON- CICKO: My opinion is that if the notice as its currently written and if you are participating in a discussion and giving your personal opinion only that that would be sufficient, but let me preface it with 1 will talk to Mr. Weigel, who is the expert in our office on the Sunshine Law, and make sure that he's comfortable. But, as I just stated, the notice with the two bolded provisions regarding the people that may be attending from the two committees, I believe, is appropriate, but, again, I would caution personal opinion. And I'm not in favor of a vote or a consensus being taken at the meeting. CHAIRMAN CONNELL: Thank you. MS. ASHTON-CICKO: I would suggest that if they seek that and they've put you on the Board because they know you're on the Pelican Bay Services Division 1 would ask that you ask to take it back to your Board for a recommendation. CHAIRMAN CONNELL: That's easily done. Anybody else have any questions on this? It's amazing we get anything done, isn't it? MS. ASHTON- CICKO: And I would note this is a public meeting of a discussion group. It's being advertised as such, and so any of the members that would like to attend, you know, feel free to attend. CHAIRMAN CONNELL: Well, I'll need directions. Its someplace out on Santa Barbara Boulevard. And I can find that road, but I don't know about this place. MR. DOMENIE: It's where the park is. 7186 Pelican Bay Services Division Board February 6, 2008 1611 A 11 CHAIRMAN CONNELL: I have one more item, and that is the Men's Coffee is hosting Pelican Bay Services Division for a program concerning the water management, which is probably the most important task and responsibility it has, on the 19th of February. And Mr. Petty is putting together a presentation. I've seen just the beginning of it, but he will presenting it. I'll introduce him. Many people at those coffees now are more recent comers and don't know the background on the mangroves and particularly the water management system. I won't go into a lot of detail, but he's doing a fine job of putting it together visually and sharing with everybody his many years of experience with it. And that, friends, at long last is the end of the chair's report. MR. HOPPENSTEADT: What about the pier? DR. RAIA: You didn't say anything about the fishing pier. CHAIRMAN CONNELL: Well, I have Myra Janco Daniels Boulevard on there, but a gentleman acknowledged that the work was done, and that's why I left it off. And I have met with Commissioner Halas, oh, maybe three or four weeks ago, asked him specifically about the fishing pier. He told me it was on the back burner for budgetary reasons, but they are going ahead to build as he called it, a restaurant and restrooms for the beach goers, and that's all I have to report on that. MR. LEVY: Is that a study they're going ahead with or are they actually going ahead and building it? CHAIRMAN CONNELL: My understanding was that they're going right ahead with it. DR. RATA: They need money. CHAIRMAN CONNELL: I'm talking now about just the building that will house a restaurant and restrooms. DR. RAIA: Is there going to be a public hearing on this at any time? CHAIRMAN CONNELL: I can't answer that. I don't know. MR. PETTY: If I may, I think the issue here is, when they brought that up in the public meetings at Collier County, staff, Mr. McAlpin, told the commissioners that the work there would require a zoning change, and I think that's why — you've asked if there's going to be a public hearing, and possibly when we finally get our person from planning and zoning that understands the administrative process we can ask that question, but I would suspect that there would be a public hearing for a change in zoning. CHAIRMAN CONNELL: That — that did not come up in our discussion at all. 7187 Pelican Bay Services Division Board February 6, 2008 DR. RAJA: Or a change in location. 1611 A I MR. STAROS: There's a meeting that's going to be held in this room, I believe, on Friday of this week. I believe it's been put together by the Foundation. And the meeting time is two o'clock in the afternoon, so that is a meeting to bring to the surface all of the issues with reference to the potential fishing pier. Two o'clock Friday of this week in this room. MR. IAZZO: Are you going to make it, Mr. Staros? MR. STAROS: Yes, I'll be here. CHAIRMAN CONNELL: Who's going to be here from the County? MR. STAROS: I don't know. I was an invitee. I didn't call the meeting. CHAIRMAN CONNELL: Mr. Staros have they said anything to you about the restaurant and the restroom facilities? MR. STAROS: Well, I attended the County Commission meeting last month, and I spoke against the potential pier. I was concerned. I believe I used the analogy the reason why we're all here in Naples, Florida, is because of the beauty and the pristine beaches. And I was concerned that a fishing pier would be one step closer to a Panama City Beach, and I said I grew up in Pensacola and I had my first job in Panama City. I know where Pensacola and Panama City is, and as much as I love my hometown of Pensacola I don't think we want to turn Naples, Florida, into either a Pensacola beach or a Panama City Beach. MR. IAZZO: Ora honky -tonk. MR. STAROS: And you can use your term, I used mine. And so Mr. Halas was not very happy. At least his expression on his face was not very happy. And then there was a discussion after that about potentially just building restrooms and a restaurant on the end of Vanderbilt Beach Road, which I did not participate in, and I did not know nor did I get even an inkling of an approval process for that, and I attended the entire meeting. DR. RAIA: — I meet people from the north of Vanderbilt Beach Drive who are a hundred percent against this, and it'd be nice if we have a meeting outside of Pelican Bay -- MR. HOPPENSTEADT: There's one. DR. RAIA: You're invifing them to this meeting? Okay. MR. STAROS: I'd suggest as many people as possible to attend on Friday at two o'clock. HMO Pelican Bay Services Division Board 1611 q 11 February 6, 2008 MR. BURKE: I think Mr. Gary McAlpin is going to hold a series of town hall meetings throughout Collier County on this subject. CHAIRMAN CONNELL: Anything else on that subject? If not, we will move on to the Clam Bay committee report. CLAM BAY COMMITTEE REPORT EDUCATIONAL VIDEO MR. DOMENIE: Mr. Petty, do you want to discuss the educational video that you're presenting to the Men's Coffee? Is that the one that we saw a preview of? Are you going to show it now or what? MR. PETTY: Sir, we have put together the storyboard that we discussed -- MR. PETTY: And I have that up in presentation form if you'd like to see it. MR. DOMENIE: Yes, please. I think — and perhaps you'll want to comment on it. MR. PETTY: For the public's information, Pelican Bay started out on a project some almost nine years ago now, something that hadn't been done before. It was restoration of the mangroves. And it has been such a huge success that it is getting a great deal of attention by the outside forces, and we're very proud of it. As we go forward with our next 10 -year application for maintenance of the mangroves, part of our responsibility is to put together an educational piece whether it be printed or video. We chose video. We have more outlets nowadays with the Internet and the cable TV of the foundation. Anyway, this is a suggested storyboard, and I'm going to — and please bear with us because making movies is not what we routinely do, as you can tell with the crooked screen. We're not used to doing this. But the concept is — is fairly simple. You've got to start with a background. And so the storyboard basically has to ask the question what is Pelican Bay, what was intended for Pelican Bay, and what are the issues that we're discussing for Pelican Bay. And, of course, the issues are going to be Clam Bay and the conflict at Clam Bay, which is that the greatest asset, the mangroves, were dying. The characters that we wish to have in this -- this video represent — we're calling them mangrove activists and would be, of course, people that you know and live with in the community. This group has been causing trouble for some 15 -plus years or more. The interview ideas are nothing more than what questions do we want to ask these folks so that we can develop this video as an informational source, because a lot happened over this period of time. It wasn't a simple 7189 Pelican Bay Services Division Board February 6, 2008 matter of just going out, digging a couple of ditches, and fixing the mangroves. A Residents were concerned. Other residents wanted no part of it. Some residents thought the county should maintain it, and others thought it doesn't matter who maintains it, it can't be allowed to die. So we asked these questions to try and develop the storyline in the video so that we tell the story as close to the truth as possible, but, of course, we want to make it look as pretty as possible too. But these are some of the questions we'd asked. Why did it matter that the trees were dying? What got you involved? What was the correction action — or was the correction action easily understood? Were there different — difficulties? How tough was this project? Did you realize then the task you were taking on? And I've got to answer for most of them. They probably did not. It was one ordeal to try and get that permit. What was the turning point? And, of course, this tells us and the — the Video Assets group that we will be bringing in how to build this story with video. And like any story there's two sides. The topic, of course, is the dying mangroves at the north end of Pelican Bay. Those that were deeply concerned in the beginning talked about a loss of natural resources. Those that were unconcerned in the beginning talked about there would be more land to develop. Similar questions go back and forth as we go over the topics. Again, in the video we would give that history. We go through more questions, again, through that pro and con, concerned, unconcerned, yes -no-type scenario to try and get somewhere near the truth, which is somewhere in between. The first question asked is who's maintaining this area where the mangroves are dying, and that became a problem because the County had title to it but they had no funds allocated towards its maintenance. The concept had always been that the Pelican Bay Services Division, formerly known as Pelican Bay Improvement District, was going to be the maintenance source of this entity. That was the understanding. So when these trees started to die everybody kind of looked at each other and said, 'What do we do now?" The funding was not there for such corrective actions, and it isn't like you're going to pull a book off the shelf that says how to fix a dying mangrove forest. The book didn't exist. So we go through the process, and we — we talked about the two sides, and we go through a beginning, middle, and end, so to speak, and we start walking through the steps. Of course, it was whose problem is it first, and then the — as you can imagine, the next thing that you're going to ask is who's going to pay for it. And the various 7190 Pelican Bay Services Division Board 1 6 1 1 A� 1 February 6, 2008 1 issues come up about that. We have questions to ask these cast of characters that we talked about earlier. The scenes that we want to get — and these are the video scenes and the still shots so that we can build the video. And, again, folks, this is a storyboard, and we were told how to do this because we don't know how to do this. But this is what the videographer is going to need to put it all together. We're going to need Pelican Bay aerials before and after, a tour of Pelican Bay, hopefully a visual shot possibly from an elevation of a lift-truck -type deal, a bird's-eye view. MR. HALL: Get a helicopter. MR. PETTY: Mr. Hall is suggesting a helicopter, and, of course, we're going to use his. We're looking for tunnel shots. The tunnel shots are — are — if you've ever gone through that Clam Bay system, the mangroves have a tunneling system, if you will, that you pass through these very tight water bodies as you get between the bays, and it's a very impressive tunnel style atmosphere. You're going to see a little bit of that later. Of course, the ocean and the beach, the damage archive, which are the dead and dying mangroves and how quickly they started to spread. Water and sky half shots, these are basically video shots with the lens placed with half the lens showing you what's under the water and the other half showing you what's above the water. And several other suggestions. Now, that's all for the first phase. Then there should be a plot, and we should talk about who said yes and no. We should talk about facts versus the rhetoric. We should talk about the permit, which was very deep in science, the initial effort, which failed, the second effort and the team that was put together that got the second effort through, the construction that took place in the initial years, and, of course, the work that has continued over the last nine, and what has the effect been to date. We go through the same listing of what people should we talk about and get comments from. And, again, we ask similar questions. We then come up with more topical issues. And, again, this is going to be at the heart of the T.M. We don't want to be basically just standing up and collecting an award for what we've done over nine years. We want to talk about the difficulties, the positives and the negatives, so that the next community that may try this may have learned something from what we've done. 7191 i Pelican Bay Services Division Boats N 11 February 6. 2008 And this storyboard basically goes through the process of how Pelican Bay Services Division adopted the project and took it on as a service and how once the Pelican Bay Services Division did that we were able to pick up some speed. Until then the activists had been carrying the entire weight of the project on their shoulders. We want to talk about the end result, and we want to talk about the eight years', nine years' worth of reporting that has shown the successful restoration of the system and why it still needs our attention today, because you've got to ask the question, "is our work done ?" Again, you go through scenes trying to find that middle of the video. And the storyboard is what we would use working with the videographer. We are doing this through our contract with Turrell, Hall & Associates, who has selected a videographer, and this person has been very good at taking the shots but has not been a director, per se, in that he was going to build this storyboard for us. We had to do this through staff. And we met with Mr. Domenie, and we also met with the Chair to get their ideas. So, basically, we have put this together for a beginning and a middle context. We do not have an end, but we can give you some of the raw material that has been compiled to date as a bit of a teaser. (Playing video.) MR. PETTY: By the way, we think this is part of what's magnificent on film, and it is. (Playing video.) MR. PETTY: Mr. Chairman, this goes on for several minutes, but I'll go ahead and put it off. I don't want to take up too much of your time. I think it is the intent of what we had in mind when we started this project last fall. It has taken more time than what we thought because we did not have our storyboard set up in the beginning, and we've been meandering, so to speak. We think because of the storyboard, because of what we have seen so far we would come to you and ask for additional funds. We think it would be well served in doing so. We think the end result will be every bit the product that we're looking for, but because of the additional shots from the scenes as we're now laying out the storyboard we're seeing much more photography than what we thought originally. We had thought that we were going to have quite a bit in the archives that we could use, and while we will be using the archives we don't have near the depth that we need to tell the story about Clam Bay. So staff would like to recommend to the Board to consider approval of the storyboard and, also, in that approval consideration of increasing funding by a number not to exceed $10,000. 7192 Pelican Bay Services Division Board 1611 A l l February 6, 2008 CHAIRMAN CONNELL: May I have a motion? MR. DOMENIE: Mr. Petty, I have a question. MR. IAZZO: We're spending right now about $60,000? MR. PETTY: No, sir, $20,000. Sixty thousand dollars is in the communication budget. MR. IAZZO: Was that one year? MR. PETTY: Every year, yes, sir. Well, for the last two, 1 think. MR. IAZZO: Every year what we had was $60,000 for PR work? MR. PETTY: Well, Mr. Carroll was Chair at the time, and I think he raised it up, and I think it's been at that level for a year or two now, but it was for additional communication. And the first idea was quarterly newsletters instead of the annual, or in addition to the annual there would be quarterly. If you remember at the time we were talking about annexation issues, and there was a lot of information on Pelican Bay that people were trying to get out. MR. DOMENIE: Mr. Petty, I have a question. You're going to present this in less than two weeks? MR. PETTY: Oh, no, sir. MR. DOMENIE: On February 19th? MR. PETTY: Oh, no, sir. MR. DOMENIE: That's the way it sounded to me, that's why I'm confused. MR. PETTY: Let me clear that up. CHAIRMAN CONNELL: That's the Men's Coffee. MR. DOMENIE: Right. But what is being shown at the Men's Coffee? MR. IAZZO: This MR. PETTY: Water management, not Clam Bay. MR. DOMENIE: Oh. MR. PETTY: We're talking about the lake system. MR. DOMENIE: Okay. MR. PETTY: The drainage, the recharge, the storm water system. MR. DOMENIE: Oh, okay. 7193 Pelican Bay Services Division Board L ' J� February v 6. 2008 A MR. PETTY: And, of course, its outfall goes to Clam Bay, and there is an interface, but we are not talking about this. MR. DOMENIE: Okay. I was confused about that then. We have a budget for this amount, so what are you looking for from this Board? A motion to increase from $20,000 to $30,000 for this project? MR. PETTY: Yes, sir. Mr. Domeme moved seconded by Mr. Burke and approved on a vote of 10/0 to approve the expenditure of an amount not to exceed an additional $10,000 for the creation of the Clam Bay video. CHAIRMAN CONNELL: You have your $10,000, yes. Thank you. REVIEW OF THE CLAM BAY ANNUAL REPORT MR. DOMENIE: The next item is the review of Clam Bay annual report, but that's going to take half an hour, Mr. Chairman. I don't know if you want to go into that. Tim Hall has prepared a PowerPoint presentation. Do you want to go into that at this time, or do you want to postpone it? I don't know what other major items we have, actually, on the agenda. The reason he's presenting it because it saves everybody reading 250 pages of text, and he has made a presentation, which I think may summarize everything for us. MR. HALL: Yeah, the summary was put together for the Board. If you would prefer not to and people just have questions out of the report, I'd be happy to proceed in that manner as well. would. CHAIRMAN CONNELL: How would you like to proceed? We — we're running a little longer than we normally MR. DOMENIE: It takes about -- well, the actual presentation's 20 minutes, but with questions it will probably be a little longer. CHAIRMAN CONNELL: I'd suggest we postpone it until the next meeting then. Are you -all in agreement? MR. HALL: If may, we are a little bit behind schedule in terms of the presentation of the reports or sending them to the state and federal agencies. I would like to do that today, if possible. If the Board has had a chance to read them and is okay with the content and the way that they're presented, then I would like permission to at least go ahead and send them so that we stay in compliance with our permits. 7194 Pelican Bay Services Division Board February 6. 2008 1611 A MR. IAZZO: I'd like to take the 20 minutes and have Mr. Hall go through it briefly so that I don't have to sit down and read it for three hours, which is going to be very tough. CHAIRMAN CONNELL: Is that all right with everyone? Let's go ahead. MR. DOMENIE: And I think Mr. Petty wanted to say something. MR. PETTY: Mr. Chairman, if I could, there are two issues. One is approving the report for submitting it for compliance with the permit, and the other one, of course, is information dissemination. And in the report there are some new items that are topical for you to consider, because we have put in there — or Mr. Hall has put in there the Post, Buckley Schuh & Jernigan report that we have referred to in the past and is going to be part of future discussions and is somewhat controversial in its terminology. That's something that you may want to consider. In the report it can be referenced and shown asa report on the system without us taking it and addressing it on an item -by -item basis or on a topical basis. Mr. Hall has taken it by highlight and addressed a few of his concerns. MR. HALL: What I addressed in our report were differences that we found in our studies versus what he had presented in his report basically dealing with water quality and sea grasses. MR. PETTY: And that's one of the things that this board has the right to decide whether or not they would like that in there or not. It isn't that we have to look at every report done on the Clam Bay system and have Turrell, Hall & Associates do a point by point of what they agree with and what they don't agree with, because there's a lot of reports out there that don't have the background and the experience of Turrell, Hall & Associates who are coming up with observations that they have from their one -time visit shot. MR. DOMENIE: Mr. Petty, as far as I remember, the Clam Bay Committee approved the reports and to submit them to this Board — MR. PETTY: Sir. MR. DOMENIE: — for review and approval; right? MR. PETTY: No, sir. They didn't take a vote. You had consensus, but we did not vote. MR. DOMENIE: Okay. MR. PETTY: So I believe you're right in that there was consensus on the Board that the report did show another very good, positive year in the restoration and that the mangroves were, indeed, coming back strong. 7195 Pelican Bay Services Division Board 1611 11° P February 6, 2008 The issues of the Post, Buckley, Schuh & Jernigan report, I don't remember discussing that, but I may have forgotten. MR. BURKE: Was that the report that you're talking about? MR. DOMENIE: — Tomaskoreport. MR. BURKE: What are you calling it? MR. PETTY: Post, Buckley, Schuh & Jernigan. MR. DOMENIE: PBS &J, peanut butter and jelly I called it. MR. BURKE: That sure seems to ring a bell. MR. DOMENIE: But to Mr. Petry, we need to approve this so that he can distribute to the various agencies that are looking for it; is that correct? We need a motion from this board to release the reports, basically. MR. PETTY: That's a two-part process. If you have any contention with the report, you would bring it up now during the review. And I think you are right, sir. The Clam Bay committee did not have any objections to the report noted at the last meeting. CHAIRMAN CONNELL: Let's hear your summary, Mr. Hall. Mr. Hall presented a detailed power point presentation of the Clam Bay Annual Report. MR. DOMENIE: Do we approve it now? MR. PETTY: Yes. Mr. Chairman, I — I think Mr. Roellig said he wanted to speak, but did you want to speak to the issue of the extension of the permit, sir? MR. ROELLIG: Yeah. Is that — is that the next topic? MR. PETTY: Sir, that's what we just covered at the very end of this topic. I don't know if the — if the board wanted to — is this an appropriate time — CHAIRMAN CONNELL. Certainly. MR. PETTY: —for this? MR. DOMENIE: Sure. MR. ROELLIG: If I may, I'd like to get some idea of what the time frame is and how soon extensions are typically approved in projects like this. In other words, when are we going to submit the extension, the application for extension? 7196 Pelican Bay Services Division Board 16 "1 A I I February 6, 2008 MR. HALL: Well, as I said, I'd like to do it the sooner the better. We need to do it — we have to do it before the permit expires or else were in default. And the permit is good through June, so we need to think about actually doing that in the next couple of months. MR. ROELLIG: Well, my concern is that we're running right up to the deadline, and I don't see that the way it's going that we're likely to get an extension before it expires, and that's a major concern. I had appeared before the Coastal Advisory Committee on another matter back in October, and I brought this up to them, and they said that, well, they have to incorporate the sea grass report and all this. But now we're in February, and I haven't seen your agenda, but I don't know if its going to be on the agenda for February. My big problem is we've run out of time as far as I'm concerned. If you have to put in an application and you say, 'Well, I need it in two weeks;' good luck. I think we need to do a really tough press on our political people and our County officials to get off the dime. I think they're just stalling, basically, because nothing has really gone forward, and we're running out of time. I hate to see this come up to June or July or whenever the permit expires and we're still playing around and the County's trying to get committees together or whatever. I think they're stalling more than they're trying to make any progress, and my concern is that we really need to get into high gear on this permit, hopefully, a reapplication, but even an extension is getting critically short on time. CHAIRMAN CONNELL: Mr. Petty, where do we stand with the request for an extension on the permit? MR. PETTY: Sir, it is on our agenda as we speak. It is our item to consider now. We have been asked by the County Manager's Office to submit the extension. Part of what the gentleman says is that there was a stall. There was. MR. ROELLIG: Yeah, right. MR. PETTY: There were other considerations in the County that concerned Coastal Zone Management Mr. McAlpin had brought some of those ideas forward. That's part of why you've been invited to sit in the discussion group. One of the reasons why the permit was held up while these issues were bubbling, the County Administrator's office has seen the same thing that you just mentioned, time's up — MR. ROELLIG: Right. MR. PETTY: They have asked us to submit for an extension of one year or better than. And that's what we 7197 Pelican Bay Services Division Board 1 6 9 1 A 11 February 6, 2008 put before the subcommittee, and I believe that's what your Chair is going to be telling you under this line item is that they're going to recommend that approval process. And I believe the Chair has been in discussions on the ownership of that permit. CHAIRMAN CONNELL: Yes, I have. MR. ROELLIG: Well, as I said, my concern is that time's probably just about run out. We just don't have enough time for how long this is going to take. Thank you. MR. DOMENIE: Thank you, Mt. Roellig. We're talking about two things. One is an extension of the existing permit for one year, and the other one is, for lack of a better word, renewal of a 10 -year program. One is just extending the existing permit for one year, and the other one is a complete application to renew — MR. PETTY: Yes, sir. MR. PETTY: Which we put quite a bit of time and effort into compiling. MR. DOMENIE: And that was the one that the County held up. MR. PETTY: And the County has a very strong desire to participate in the program, some of which we may find as flattery and some of which we may find a little burdensome. It is to be discussed item by item, and I think that's what the new -found committee and these discussions will be looking at. I have gotten a preview of some of the programs, and I think we're going to have some lively discussions in the future. MR. DOMENIE: Do you want a motion from this board, then, for the extension for one year — MR. PETTY: One year or better, yes, sir. MR. DOMENIE: — from July 2008 to July 2009? MR. PETTY: And that would be instructing the preparation of Turrell, Hall & Associates who would then submit it to us, and we would take it through the County process. I believe in the past our permit was signed by the Administrator of the Pelican Bay Services Division as a division of the County, and I think that has come under some question because of this body's structure on what it can and cannot sign for the County. I believe counsel has designated or has told us that the County Manager is the only one that can sign permits for the County based on what the Board has approved or the commissioners have approved. And Mr. Mudd can delegate to whomever that responsibility. As such, Pelican Bay had a concern. If we are directing Pelican Bay dollars, then Pelican Bay definitely rime I Pelican Bay Services Division Board February 6, 2008 1611 1 wanted to keep its voice in this, as such the signing became an issue, and I believe the Chair has some more information to bring. CHAIRMAN CONNELL: Yes. I spoke with Mr. Halas about it, and he had told me he would take care of it. That's the best I can tell you. Obviously, you've heard nothing to the contrary about co- signing. MR. PETTY: I did hear from staff that that's what their discussions were as well. I haven't received anything declaring it because we haven't done the extension yet either, but I was talking with Mr. Ochs, the Assistant County Manager, and put forth to him the suggestion that we just go ahead with the permit extension. The signature would be the Pelican Bay Services Division administrator as it was in the past, and as long as Mr. Mudd was okay with that he could authorize that through the delegation process defined by our the county's counsel, and at which point he said, "Well, I thought we were going to co- sign," that we would both sign, Pelican Bay Services Division and the County under Mr. Mudd, which is as far as I'm concerned, exactly what we were looking for so that Pelican Bay Services Division basically kept control of the special taxes that we draw from the residents of Pelican Bay. CHAIRMAN CONNELL: That's exactly what I asked Commissioner Halas to do, and he said he would take care of it, so I'm assuming that this request for an extension will be signed by both parties. MR. PETTY: That's the direction I'm getting, too, but I can definitely make sure that that is something that we make sure happens before we submit. as it is. CHAIRMAN CONNELL: Yeah, we don't want to get into a jurisdiction dance on this sort of thing as important MS. ASHTON- CICKO: The application renewal should be approved by the Board of County Commissioners, and at that time they can delegate the signature authority if they wish to or have both the Executive Director sign for the Pelican Bay Services Division and the County Manager, if they elect to do so. MR. DOMENIE: Thank you. So do you want a motion from this board to go ahead with it then? Is that what you're looking for? MR. PETTY: Oh, absolutely, since it's been a request of the county and we would like the same — Mr. Domenie moved seconded by Dr. Reis and approved on a vote of 10/0 to move forward with a one year extension to dw existing Clam Bay permit DR. RAIA: Where is the application right now physically? 7199 Pelican Bay Services Division Board 1 6 1 1 A February 6, 2008 •i �j, MR. HALL: Physically it's on a computer disk in my office. MR. IAZZO: Mr. Hall, quick question. That extension was necessary because the renewal — DR. RATA: I just wanted to make sure we know where it is. MR. IAZZO: was not coming in on time? CHAIRMAN CONNELL: No, it wasn't. It was because the County asked for it. MR. HALL: The issue is that we don't believe that if we submit for the permit renewal right now that we will have the renewal satisfied by the time the existing permit expires. MR. IAZZO: So the extension is a safeguard — MR. HALL: Safeguard. MR. IAZZO: — so that we don't fall through the cracks — MR. HALL: Correct. MR. IAZZO: — with the new — CHAIRMAN CONNELL: Well, obviously, the county wants to become more involved in the whole process. That's what its all about. MR. IAZZO: Spend more money. CHAIRMAN CONNELL: Its going to take a year to get to that point. MR. PETTY: We have heard from Mr. McAlpin that the discussions that he hopes to have with this new group that he anticipates it would take up to a year to go through all the items that he has on his list currently. CHAIRMAN CONNELL: Mr. Roellig, did you want to say something? MR. ROELLIG: You're saying it's going to take a year before we can actually apply for a new permit or a renewal? MR. PETTY: Oh. MR. ROELLIG: That's so if you're only getting an extension for a year you're going to run out of an extension and we're going to be up against the same wall. MR. PETTY: Some people are quicker than others. I didn't get that at first. The Clam Bay Committee did, and that's why they've asked for that minimum of one year or better. They were going to try and go for more because of that issue. 7200 Pelican Bay Services Division Board 1611 A 1 j February 6, 2008 MR. ROELLIG: Well, maybe we should go for two or three years or something. MR. PETTY: I put the one -year minimum on there because that's what the County is looking for, so I want to make sure that that was taken care of MR. ROELLIG: A permit, we were told, takes a year or two after you submit it. MR. PETTY: Yes, sir. MR. ROELLIG: So, I mean, there won't be a renewal of that permit for maybe three or four years the way it's going. So we'll have an extension every year. MR. PETTY: And Mr. Hall has brought up the suggestion that you go for — what did you call it, Tim? An unlimited extension? MR. ROELLIG: Well, I like that. MR. PETTY: Yeah. MR. HALL: The way that this would generally work is that, if we file for the one -year extension until we get the application in, I'm hoping that we will actually get the application in within that next year, and then what we can do is file and request an administrative extension which extends the permit until a decision has been made on the application that we have in, but what this does is that the extension will cover the time period between when our permit is supposed to expire and when we think we can get the application submitted. happen. MR. IAZZO: Right. Its strictly to cover the renewal period, you know, before we get the renewal. MR. HALL: Correct. MR. IAZZO: We can always push that out. MR. HALL: And the agencies are going to really want to look at that in one -year increments. MR. IAZZO: Yeah. MR. HALL: You know, I would love to be able to get an unlimited extension, but that's just not going to MR. IAZZO: Can't we just say that this extension was only to cover that period until we get the renewal? Can't it just be stated that way? MR. HALL: Absolutely. The way that we will submit it is that we're requesting an extension so that we can — MR. IAZZO: Yeah. 7201 Pelican Bay Services Division Board February 6, 2008 1691 A MR. HALL: -- continue our maintenance activities until such time as the new permit application can be submitted. MR. IAZZO: It comes with an intention. MR. HALL: Correct. MR. DOMENIE: So the one -year limit does not apply then. Then I misstated it. MR. HALL: No. No. No, the one -year limit — I mean, it would still be for a one year period. MR. IAZZO: Worded as such. MR. HALL: We need to have a cut-off for it for the agencies to be happy with it so there's not this open -ended thing. So the extension would be for a year period or until our application is approved. MR. IAZZO: Yeah, whichever comes first. MR. DOMENIE: Can we ask for a two -year extension? MR. HALL: It never hurts to ask, I mean, as long as you're prepared to be told no. CHAIRMAN CONNELL: But, you know, the longer you allow, the longer its going to take. I'm assuming the County wants to broaden the scope of this existing permit to include things they want to get done. Am I not right? MR. IAZZO: Shouldn't we say that the intent is strictly to cover us until a renewal is in place? MR. PETTY: Well, Mr. Chairman. MR. HALL: Absolutely. MR. PETTY: Mr. Chairman, the County also wants us in a position to negotiate in good faith or under the same concerns that they have, and if we have a conditional extension that allows us to do a relaxed review while they are trying to push through programs of the County, they might find that a little irritating. It has been suggested tome by their staff that it be a one -year extension, which is why I brought it up that way, but the points well taken. The County wants it to be one -year so that we have to make a decision. DR. RATA: I thought we already had a motion to move this. MR. DOMENIE: Well, we had already passed and approved it. CHAIRMAN CONNELL: Yeah, that's been approved. DR. RATA: So lets move along. MR. DOMENIE: I have one other subject, mangrove zone berm, but that's going to take 10 minutes. I 7202 a Pelican Bay Services Division Board Fehruary 6. 2008 suggest we postpone that and get on with other business. 161 MR. PETTY: Excuse me, Mr. Chairman. If I could ask for consideration since we had so many things going. Could you also approve the Annual Report, or did you want to discuss any aspect of that? That will allow Mr. Hall to move forward and send the Annual Report in. MR. HALL: That'll let me send it on. MR. DOMENIE: Yeah. CHAIRMAN CONNELL: May I have a motion to that effect, please? Mrs. Womble moved seconded by Mr. Staros and approved on a vote of 1 " to approve the Annual Report as presented by Tumell, Hall 8 Associates . MR. DOMENIE: I suggest we skip this and go on to other business. CHAIRMAN CONNELL: All right. Well, the budget committee we've heard from and government relations Mr. — Mr. Burke has left, so we're onto the Administrator's Report. MANGROVES ALONG THE BERM here -- DR. RATA: There is an item there that I think should be addressed because I think that's why Mr. Cravens is CHAIRMAN CONNELL: Which one are you referring to? DR. RATA: The mangroves along the berm. MR. DOMENIE: Well, that's the one I said that's going to take 15 minutes of discussion, so I'd rather leave that for the next time. DR. RATA: You know, these people have been sitting here for 2 1/2 hours. MR. DOMENIE: It was already discussed at the Clam Bay Committee meeting. I'm willing to discuss it, but I think its going to take time, and we're running out time today. DR. RATA: You know, we spent a lot of time rehashing some violation of the Sunset (sic) law. You know, those things ought to be placed at the end of the meeting so that real business can be handled during the allotted time. MR. DOMENIE: I defer to the chairman. CHAIRMAN CONNELL: Would you like to hear what Mr. Tom Cravens has to say? May we hear from you, Mr. Cravens? 7203 Pelican Bay Services Division Board February 6, 2008 MR. DOMENIE: Mangrove seedlings along the berm. MR. CRAVENS: I'm not sure what -- what you're referring to. MR. DOMENIE: The mangroves along the berm, the seedlings. CHAIRMAN CONNELL: No, I'm more interested — Dr. Raia, what are you referring to? MR. RATA: Well, I understood at our last meeting that there was a problem that the mangroves are growing and going to overtake the berm for which we have responsibility. MR. DOMENIE: Exactly. DR. RAIA: And I think if that is a problem it should be addressed to come up with a solution that is proper and legal. MR. DOMENIE: Well, that ties in with his question. DR. RAIA: So, No. 1, is there a problem? No. 2, do we have the authority to handle the problem? MR. DOMENIE: Yes, we do. To a certain extent, we do, and I say let's postpone it because it's going to take 15 minutes of discussions. Mr. Cravens is aware that I'm very much aware of what's happening. MR. CRAVENS: Well, I was not at the Clam Bay Subcommittee meeting, and I wish I was. I was not aware that it was taking place. Dr. Raia did inform me that there was discussion concerning the view from the berm being obstructed by the growth of mangroves, and I think this is an extremely important issue. MR. DOMENIE: Mr. Cravens, I agree with everything, but, as I said, I think its going to take 15 or 20 minutes, and I think this Board would like to get on with one or two other things. We are very much aware of what's going on, but I defer to the Chairman. If he wants to get into it, I have no objection. CHAIRMAN CONNELL: Lets hear it, Mr. Cravens. Let's hear it, please. MR. CRAVENS: Since I was really not privy to the entire conversation, I'm not sure exactly what is being proposed, but if the proposal is to remove mangroves on the west side of the berm that might obstruct some of the view, I do not think that this is a good idea nor do I think it can be legally done. MR. PETTY: Mr. Chairman. MR. DOMENIE: Mr. Cravens, the question that came up was -- some people walking along the berm approached me. There were no proposals in the first place. They came up to me, and they said, "Oh, these mangroves, when they grow they're going to obstruct man's view of the water birds." 7204 Pelican Bay Services Division Board 1611 Pj I 1 February 6, 2008 •( Then somebody else came up to me and said, "If you permit the mangroves to grow into the mudflats now west of the berm, then all the water birds are going to disappear, and I don't want that to happen" So Mr. Petty has told me that under our permit we are required to keep the waterway open. Am I correct, Mr. Petry? At least 10 feet from the berm we're meant to keep the waterway open? MR. PETTY: Yes, sir. There's supposed to be a dispersion swale on the west side, but there's more land past that that's also part of the water - management facility. MR. DOMENIE: Right. And my question then was do we see a lot of little mangroves four, six inches high right attached to the berm. Do we do anything about those if they start to interfere with the waterway? I don't know that. I have no answer, but that was the question that was brought up. MR. PETTY: Mr. Chairman, if I could, I think I might be able to put a little bit of light on it although the issue and the discussion may continue. I can give you some background if you like. CHAIRMAN CONNELL: Please. MR. STAROS: Please do. MR. PETTY: Depending on where you're at and in this case I'm going to go to Berm 4, the northernmost berm, because that's the area where we cleaned out the cattails, and it covers a couple of different issues. On the west side of the berm, there are water - management facilities and easements. MR. CRAVENS: Excuse me, Mr. Petty. When you say left side of the berm. MR. PETTY: West. MR. CRAVENS: West. Okay. MR. PETTY: West of the berm there are water- management easements. And this area had been all freshwater species, and the delineation line of where the saltwaterffreshwater interfaced was right at that easement line, and it had been done in surveys in the'70s. Since then we had bulrushes and cattails in there, and they were basically used as a polishing pond of the water- management system, and staff harvested these to remove nutrients from the water- management system every three or four years. We used to bring in drag lines, and we'd drag that area. The system has been working so good these polishing areas were not deemed to be necessary, and I think it was four or five years ago the conscious decision was made to remove the cattails completely and then to additionally 7205 Pelican Bay Services Division Board February 6, 2008 1611 q II to cut flushing channels. So this area that was freshwater is now seeing saltwater. Mangroves will grow in this area now, as we are starting to see. What we have to be concerned about is the water - management facilities whose integrity is critical to the success of the Clam Bay system. If we don't have that piece of dispersion Swale on the west side, we're going to have problems with keeping the mangroves alive. The system works very well, and I don't want to suggest that we should tinker with it. And what we talked about at our last meeting was that big open area where the birds are currently feeding will eventually see mangroves march in over time since we have hydrated that area, and as such this view was probably a temporary one, albeit maybe of a five -year or so period. Eventually, it will reach equilibrium and balance, and we are going to get what is the natural fauna back there. So I think we're going to end up with both issues. 1 think we're going to have mangroves coming into our water - management facilities that we're going to have to address so that we don't hurt anything in Clam Bay, and that means clearing that dispersionary swale at the bottom. And how we do that in the permit is something that Mr. Lukasz has a great deal of experience with, and we will look to him and to Mr. Hall for working on such issues in the future because it is our responsibility to maintain that system and to make sure the dispersion area is clear. The view is going to change, unfortunately. As you've heard from residents, they have a concern there. And, as we discussed at the Clam Bay Committee, it is probable that we should get into some type of communication device so that the residents aren't caught by this and think that we're out there killing the plants because we don't like them or because we don't know what we're doing or because we're not supposed to be there and they are but — because of those issues and that that vision is going to change of that cleared area, since we did change it. (Mr. Staros left the room.) MR. CRAVENS: My suggestion would be to look into dredging the area on the west side of the berm. I don't know. Mr. Hall, maybe you could comment on that But would that be an effective way to deal with that? MR. DOMENIE: We did do that about four years ago we did a little bit of that dredging and used the dredge to reinforce the berm, but we didn't carry it all the way down to Station 5. MR. PETTY: I don't know that we could get a dredge in those particular areas, although they can get 7206 a 11 Pelican Bay Services Division Board 1611 February 6, 2008 dredges in amazing places these days. MR. DOMENIE: Well, it was done with a backhoe off the berm. MR. PETTY: Well and I can tell you after Hurricane Wilma a lot of contractors have adopted the small -barge technique where you build a small barge and there's a backhoe on the barge, and that way you can maneuver down a 20- foot -or -less -wide canal and do that clearing. So 1 think there's a lot of maintenance techniques to be done. First and foremost, though, is probably within that dispersionary swale directly on the west side of the toe of the berm is probably to keep that clear through manual pulling the growth up and transplanting them to other areas. MR. IAZZO: That's what I was going to suggest, that we look into the cost. There's a cost factor here no matter what you do. Is it easier and quicker to just replant these? Mr. Hall, that's your question. Can we replant these seedlings? Can they be recovered such that we can put them where they belong? MR. CRAVENS: Where they belong? I mean, let's examine that for a moment. MR. IAZZO: Well, they are an issue. MR. CRAVENS: They don't belong there. Okay. CHAIRMAN CONNELL: Is there a pecking order? MR. HALL: I think that we've seen that if we make the conditions right they'll grow on their own. I don't know that I would spend a whole lot of money trying to relocate them. MR. HALL: Trying to force them to grow in places where they're not wanting to grow right now. You can, given enough money and enough effort, you can pretty much make anything grow anywhere, but there's definitely a diminishing return, and you end up if you try to force them to grow in places where they're not happy, they're not going to grow. MR. IAZZO: Well, my point was that we have a cost factor here. Either we go in there and clean that area up and in the meantime kill the seedlings, or do we hand carry these seedlings where they belong? MR. PETTY: Mr. Chairman, if I could, why don't I ask Mr. Lukasz to work with Mr. Cravens and the rest of the staff and see what kind of a maintenance program we can come up with. Currently, the only thing we basically have is to crudely remove them. MR. DOMENIE: Yeah. What brought this on Mr. Petty was that near Mile Marker 1, between 1 and 1.1, 7207 Pelican Bay Services Division Board 1 6 1 1 A 1 February 6. 2008 there was some spraying done along the berm, the edge, of weeds, and it oversprayed and killed about half of the little mangroves, but there are about a hundred little mangroves there. So that's what brought this on. MR. PETTY: And they would be in that dispersionary area where the swale is. MR. DOMENIE: Exactly. MR. PETTY: And the mangroves are a threat to a dispersionary swale by design. So we have to come up with a working means. If Mr. Cravens will offer his services to us, we'd like to talk to him, and we'll see what we can figure out. CHAIRMAN CONNELL: Is the next meeting too soon to be reporting back, or shall we put it on the agenda? MR. PETTY: No, sir, the next meeting would be fine. CHAIRMAN CONNELL: Very good. Thank you. MR. CRAVENS: Thank you. ADMINSTRATOR'S REPORT PATHWAY CAPITAL OPTIONS CHAIRMAN CONNELL: Still on the Administrator's Report, the pathway capital options. Now, you were each given the cost of broadening or widening the pathways. I would suggest that Mr. Petty simply vouch for the veracity of these numbers and that we give it to the Budget Committee to consider and be back with a recommendation. MR. PETTY: Sir, they were prepared by Mr. Lukasz and these are all direct quotes from contractors, which he verified personally by phone. He even had some of the contractors come on site. You'll notice we have things in there for surveying, for irrigation head relocation, and other odds and ends. So this is a very nice, complete estimate of the scope of that work. CHAIRMAN CONNELL: Very good. Thank you. PELICAN BAY SERVICES DIVISION OFFICE SPACE LEASE MR. PETTY: The lease space. CHAIRMAN CONNELL: The lease space. MR. PETTY: If I may, sir. CHAIRMAN CONNELL: Yeah. Is that something that can be put off? MR. PETTY: Its time. 7208 Pelican Bay Services Division Board 1611 4 11 February 6, 2008 CHAIRMAN CONNELL: You need that. Okay. MR. PETTY: Its fairly straightforward. This is a housekeeping issue. In the past we have had annual leases, and we've come to the Board to get approval for the leases. These are not new offices. These are the ones we've been in forever. The price has gone up a little, which surprised me a tad, but these things are negotiated by a professional out of the County who is just there for negotiating these types of contracts, and he tells us that this is a fair deal. So what you have before you for consideration is that lease as negotiated by the Real Property Division. CHAIRMAN CONNELL: Do you recall the percentage of increase? MR. PETTY: No, sir, I don't. CHAIRMAN CONNELL: All right. We'll move on. MR. PETTY: It wasn't much. MR. DOMENIE: And its a one -year? CHAIRMAN CONNELL: Do you need a motion to proceed with this? MR. PETTY: This is for an annual lease with extensions for up to three years. MR. LEVY: And what's the cost of the lease? Well, you've got a new lease going here. MR. PETTY: All in before it was $30,357, and change and the new lease all in is $33,588. MR. LEVY: And our budget can handle that? MR. PETTY: Yes, sir. CHAIRMAN CONNELL: Any other questions? DR. RATA: Yeah. We went right by the sidewalk issue. I just want to make a comment and alert John about something. A lady friend of Mrs. Potter had made a suggestion to me while I was on the berm that it appears that many benches on the berm have been donated by people, and this lady made a suggestion of why cannot trees be dedicated since there are a lot of people out there who missed the opportunity to dedicate a bench. And if here is an expense in widening these pathways and some trees may be destroyed we may look into having these trees dedicated. And if that's legal or not, I just wonder if you could follow up on that if its possible to do that. MR. PETTY: We can. 7209 Pelican Bay Services Division Board 1611 February 6, 2008 CHAIRMAN CONNELL: Oh, certainly I had no intention of going right by it. I simply thought that it really should be looked at by the Budget Committee. DR. RAIA: Right. Right. I just thought I'd bring it up right now. CHAIRMAN CONNELL: Very good. DR. RATA: Yeah. CHAIRMAN CONNELL: You have seen the District Offices' Proposal, which we asked for at our last meeting. You each already have that as well as the existing job description. Now, I would suggest that we, unless someone has some question concerning it now that we at least take the coming month to look it over when we have enough time to do it and come back and hopefully make an intelligent decision on it. MR. PETTY: Mr. Chairman, as much as I — I hate to interrupt you right now, can we go back to the lease? And I'm afraid we're going to look for you to get a vote on that issue on the lease of the office space. Mr. laizzo moved seconded by Mr. Domenie and approved on a vote of 9/0 to approve the lease renewal for the Pelican Bay Services Division Offices. CHAIRMAN CONNELL: Thank you. MR. PETTY: Thank you, Mr. Chairman. CHAIRMAN CONNELL: That, I believe, takes us to capital projects and -- MR. PETTY: Oh, sir, I'm — I'm going to nudge you back to — to district offices — CHAIRMAN CONNELL: All right. DISTRICT OFFICES LLC PROPOSAL MR. PETTY: Where I'd interrupted you for a point of order and a housekeeping issue. The district offices' proposal, which, of course, is the contract that we have with your firm, I think is up for discussion now. CHAIRMAN CONNELL: You want to discuss now; is that what you're saying? MR. IAZZO: It was approved, John. CHAIRMAN CONNELL: No. No. No. MR. PETTY: You just approved the office lease for the space at Sun Bank building. MR. IAZZO: I thought we were approving... 7210 Pelican Bay Services Division Board February 6, 2008 CHAIRMAN CONNELL: Let's stay on the subject. MR. PETTY: I'm with you. CHAIRMAN CONNELL: Mr. Petty, what is your request? 1611 A 11 MR. PETTY: Our request is, as stated in the proposal is to go to the new County level of $48,000, which is the same that it had been in prior years, to bring it in compliance with prior years and to bring it into a balance with the amount of work that's currently being required. CHAIRMAN CONNELL: I think everyone understands what's been requested. I'm simply saying I would like to give everybody an opportunity to look at the existing job description, compare it to the proposal, and come back next month prepared to vote on it. MR. PETTY: Oh, I'm sorry, sir. Let me help you out there a little bit. And certainly coming back next month is your prerogative. The revised scope of services as done by Mr. Carroll was incorporated in the proposal. CHAIRMAN CONNELL: I understand. MR. DOMENIE: If we come back next week, I would like to know how many excess hours you billed and at what rate. That's the only question I have. DR. RATA: $150.00 per hour. CHAIRMAN CONNELL: What do you mean by excess hours billed? We haven't been asked to approve anything. MR. DOMENIE: No, that's what I want to know because that's part of the condition. It says that they can bill us for excess hours, and I don't know if we've ever billed anything, and if so, at what rate. That was my question. MR. PETTY: We have not billed at this time. We have been asked to do work where hours are being kept track of at this time. I haven't submitted. We had charged additional services for the web site, if you recall, last fall, and we are due to go through that process again as we go through the annual redesign again this summer. We have been trying to work with the Board as much as possible, but it doesn't appear that there's going to be a lessening of the requirements of time, which is why we bring it to your attention. Either way its a billing process. Which one do you prefer? MS. WOMBLE: May I offer something else for everyone to notice, that if you go to page 2 of the 11 in this packet you will find that the amendment impact that Mr. Petty has mentioned indicates that we can now give our 7211 Pelican Bay Services Division Board February 6. 2008 1611 A 11 Administrator up to $50,000 without offering them or that particular decision up to the Board of Collier County Commissioners. We still have the right to choose our own Administrator. CHAIRMAN CONNELL: We do. MS. WOMBLE: In the past it was $25,000, which is why we had that particular amount of money, and I think that's why Mr. Petty's bringing this up. CHAIRMAN CONNELL: It also means that we don't have to go out forbids up to $50,000. MS. WOMBLE: Exactly. Its up to us, period, at this point. MR. LEVY: On this new proposal, is there a difference in when excess hours are going to be billed from the current to the new? MR. PETTY: I'm sorry. I was talking with counsel. MR. LEVY: Mr. Petty, on the new proposal that you have. I believe its going from $24,000 to $48,000. MR. PETTY: Yes, sir. MR. LEVY: Well, how do we determine when excess hours are being incurred under our existing purchase order as opposed to this new purchase order? MR. PETTY: It becomes difficult as it was when it was first put before us to lower the contract from $48,000 to $24,000. At the time, and you can check the minutes to get a better more accurate reflection, but I remember communication to the Board that, No. 1, it put the decision in their hands versus putting it through procurement's hands. Second, that the existing staff was very capable and that the tasks were staying the same. Basically, they were institutional. Mr. Lukasz was doing the same beautification he'd been doing for 10 years. Water management was the same, and Clam Bay wasn't doing anything other than what it had been doing the year before. As such, Jean, Barbara, and Kyle were very capable of running the day - to-day operations. The prior contract that asked for the administrator to be here at least once a week and had very specific responsibilities. The board members agreed and thought that with their new -found involvement and commitment that they could lower the administrator's time, and we agreed as well. What we have found is that that was a short-lived period and that the current issues are causing us to spend a great deal of time doing research on a lot of the issues that are coming up. And the utilities site was one that took quite a bit of time. There are other issues that we're asked to look at in particular to the transfer of assets should 7212 Pelican Bay Services Division Board February 6, 2008 incorporation come up. We've gone back in history quite a ways. MR. LEVY: But if there's no talk at all about how much time is going to be and you said once a week under the old one. I don't see any — (Ms. Alvarez left the room.) MR. PETTY: In the past they -- they wanted to make sure that in their past contract that the administrator was here, and they had a time requirement of once a week on it. In other words, if he missed one week, he could make it up the next, but he couldn't do that for more than, I think, a month or two. But, anyway, it came out to once a week on average. MR. LEVY: But there's no discussion in here about — other than meetings like this and for the various subcommittees that you attend, those meetings. There's no other discussion about being here. MR. PETTY: Other meetings -- MR. LEVY: Not being here once a week or anything else. MR. PETTY: About the times I have to go to the County and have discussions or this new Clam Bay group that we're supposed to be meeting with and — yes, sir. Tracking my time can be difficult. I know that from me trying to track it to bill. I don't know if we want to put it on a time requirement. If so, I think we've already got that mechanism with the $150, and then we don't have to worry. And then its just document your time and submit it and we'll consider it. If you believe that the job is of a nature that requires an administrator's presence equal to or better than what it used to be for whatever reason, whether it's new items or — or what have you, then it may be more practical to go to the $48,000 and not worry about coming up with the hourly figure. Its strictly a Board preference. Either way its going to get a bill. It all pertains to what is the board's pleasure. CHAIRMAN CONNELL: And that, I guess, is the reason I say if its agreeable with you simply since this doesn't run out until June, as I recall, so we do have just a bit of thinking room in here. MR. PETTY: Absolutely, sir. CHAIRMAN CONNELL: We can come hack at the next meeting hopefully for further discussion and a decision. MR. PETTY: Yes, sir. 7213 1�Pelican Bay Services Division Board 1611 A February 6, 2008 CHAIRMAN CONNELL: Fine. Capital projects. The Myra Janco Daniels Boulevard. MR. LUKASZ: The improvements have been submitted to the county. We expect to hear something back probably within the next week and should we should have a contractor in place in the next couple of weeks to be ready for construction towards the end of March, although at that point we may want to wait until the middle of April when some of the traffic may let up rather than getting in there and starting construction in the median at the end of March when the traffic would be rather heavy. We're probably looking at construction the middle of April. On the ballard lightings, both for that street and over on Vanderbilt Beach Road, we are going to have to deal with some easement issues, and there may be a bit of a delay on when that construction will begin. We've got the easement issues. I've also got an availability of power on Myra Janco Daniels even though there's a lot of development close by. Bridgeway is across the lake. There's no transformers directly along the roadway for power, so we're talking to FP &L and figuring out how to get the power to those facilities. COMMUNIYT ISSUES SIDEWALK REPAIRS MR. LUKASZ: As we discussed earlier, the Transportation Department has been in here. They continue to work on the sidewalks. They did the repairs on Myra Janco Boulevard, and, also, we're in the process of doing additional repairs on Pelican Bay Boulevard. HURRICANE CHARLEY STORM DAMAGE MR. LUKASZ: There's nothing new — new to report on Hurricane Charley. MR. PETTY: Here, here. MR. LUKASZ: Well, there was posting of the $10,000, but — CHAIRMAN CONNELL: How much is still unpaid to us? MR. LUKASZ: We showed FEMA funding for $66,156. In going back and looking through the records, we see that at the end of September, I identify funds coming in from Charley for about $10,000, and I think Ms. Jean Smith had mentioned that at the time, but there hasn't been anything in addition to that. CHAIRMAN CONNELL: Thank you. Anyone have any questions? COMMITTEE REQUESTS 7214 1611 A 11 Pelican Bay Services Division Board February 6, 2008 CHAIRMAN CONNELL: Anyone in the audience? We do have a few folks left in the audience. Did you have any questions or comments you want to make? MS. WOMBLE: I have a real quick one for Mr. Lukasz. Mr. Lukasz, I have several friends who have asked me to address with you the idea that maybe there could be some shade trees put along the berm where the trams stop. I'm not sure exactly which buildings there are, but they say that there are some in some locations and there are none where their grandchildren are waiting for the tram. MR. LUKASZ: Someone had contacted the office, and I spoke with a Ms. Kuhn. MS. WOMBLE: Suzanne Kuhn. MR. LUKASZ: Yes, and I informed her that the trees that are mainly on the south berm, were installed by each of the condos. They submit to us for approval, as well as the Foundation, where they're going to be placed and what kind of tree would go out there. I recommended that she contact her property manager at the Montenaro and speak to him about what they may look to put out there and then contact us. MS. WOMBLE: Perfect. I'll give her the name of the other people who are in the other buildings. MR. LUKASZ: Yeah, along the south berm there's three or four condos that had planted trees out there. MS. WOMBLE: Great. Okay. Thank you. CHAIRMAN CONNELL: Anything else? May I have a motion to adjourn, please? ADJOURN There being no further business the meeting was adjourned by order of the Chairman at 3:48 p.m. Coleman 11, Chairman Transcript prepared on behalf of Gregory Court Reporting Services, Inc. by Karen Blockburger — formatted by Barbara Smith, Pelican Bay Services Division. 7215 lY kav \ Fiala 1611 H H en - oletta ? Coyle Cofetta PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit RECEIVED MAR 17 2008 1 Board of County Commissioners NOTICE OF PUBLIC MEETING WEDNESDAY, MARCH 19, 2008 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY. MARCH 19. 2008 at 10:OOAM 1. Roll Call 2. Approval of Minutes of the January 29, 2008 Meeting 3. Audience Participation 4. Discussion of Clam Bay Signage 5. Discussion of Permit Status 6. Discussion of Costs of Continued Maintenance of Clam Bay 7. Status of Clam Bay Informational Video 8. Discussion of Maintenance West of the Berm 9. Audience Comments 10. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay - located in the County's District 2 Misc. Cones: Date: Item 70185 to 1611 A 11 CLAM BAY COMMITTEE MINUTES — January 29, 2008 Naples, Florida - LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division Board met in Regular Session on this date, January 29, 2008 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 Mr. James Burke Ms. Annette Alvarez Dr. Ted Raia Mrs. Mary Anne Womble ALSO PRESENT: Two (2) members of the public, One (1) member of the Pelican Bay Services Division Board; Mr. Gary McAlpin, Collier County Coastal Zone Management; Mr. Tim Hall, Turrell, Hall Associates, Inc.; 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; Mrs.. Barbara Smith, Recording Secretary and Carolyn Ford, Gregory Court Reporting AGENDA ROLL CALL agenda. 1. Roll Call 2. Approval of Minutes of the December 19, 2007 Meeting 3. Audience Participation 4. Review of Clam Bay Annual Report 5. Discussion on Clam Bay Permit Extension 6. Audience Comments 7. Adjourn CHAIRMAN DOMENIE: Okay. Ladies and gentlemen, we have a full board so let's get started with the The first item, Mrs. Smith, may we have a roll call. MS. SMITH: Let the record are present with the exception of Ms. Alvarez. CHAIRMAN DOMENIE: Thank you. APPROVAL OF MINUTES OF THE DECEMBER 29.2007 MEETING CHAIRMAN DOMENIE: Then let's go to the next subject, approval of the minutes of the December 19th meeting. Any comments or corrections? MS. WOMBLE: I have one. It's minor, if I can find it again, on page 587. CHAIRMAN DOMENIE: 587? MRS. WOMBLE: Yeah. It says update. Instead of up there on renewal of application, its update. CHAIRMAN DOMENIE: Yeah. Up there instead of update? 592 Clam Bay Committee Meeting ' " 1 1 � 11 January 29, 2008 MRS. WOMBLE: No. Reverse it. Update instead of up there. CHAIRMAN DOMENIE: That's what I said. Up there instead of update. Okay. Anything else? MRS. WOMBLE: Oh, on the present, should we include our reporter who's doing a diligent and wonderful job? We have Barbara Smith as the recording secretary, but we don't include our reporter. later on. MR. PETTY: Very good suggestion. At least that way we'll know who to go back to if we don't like the report MRS. WOMBLE: Exactly. Know who to talk to. CHAIRMAN DOMENIE: Any others? Tim? Ted? DR. RATA: No, I'm fine. CHAIRMAN DOMENIE: Anybody want to make a motion? Dr. Rata moved seconded by Mr. Burke and approved on a vote of 410 to approve the Minutes as corrected. AUDIENCE PARTICIPATION CHAIRMAN DOMENIE: All right. Next subject is audience participation. Do we have anybody from the , audience who wants to say something? MR. FINLAY: Do you want me to -- CHAIRMAN DOMENIE: Yes, please. Why don't you come and identify yourself. MR. FINLAY: I'm Doug Finlay, a resident of the City of Naples. And just to let the other three members know that last week's city council did approve the city purchasing this strip of property which was known as the Pulling property and then the Buser property that's at the southern end of the Clam Pass parking lot. So the City of Naples purchased -- or I don't know if they technically already purchased it -- but they approved the purchase of this piece of property which runs, I guess, about 600 feet of mangrove shoreline and then it runs a couple hundred feet out into the water. It has an access ramp there for launching of kayaks. And it has a conservation easement on it as well as Seagate still retains the right to pull their boats out on a very limited basis for 593 Clam Bay Committee Meeting January 29, 2008 1611 mechanical repairs or things like that. So to let you know the purchase price was $40,000. DR. RATA: A purchase from a private -- CHAIRMAN DOMENIE: Dr. Buser- - MR. FINLAY: Dr. Buser. CHAIRMAN DOMENIE: — had purchased it from the Pullings. DR. RATA: That's part of — that was part of Collier County? CHAIRMAN DOMENIE: No. No. DR. RATA: That was always city property? CHAIRMAN DOMENIE: Well, until whenever Seagate — 6 MR. PETTY: When the annexation of that area occurred in the'80s. It was never part of Pelican Bay. It was — it is — it fronts a canal which was an old dredge- and -fill project which Seagate I guess was and is referred to. Dr. Buser had come before this body and had told us of his holding of the land and had offered any comments that we may have. And he said it was for sale and he was looking to do what was best for the community and, of course, best for him as a property owner at the same time. But his main interest was for the community's best interest if I remember correctly. And that piece sparked some interest at the City of Naples. I'm not clear on how there can be covenants from the Seagate residents on the ability to pull boats in and out. There must be a deed restriction evidently , somewhere on there. MR. FINLAY: I think so. MR. PETTY: But it isn't within Pelican Bay. CHAIRMAN DOMENIE: Right. My -- my only concern would be if they start pulling boats out and change oil and things like that, that you would have some spills. 1 don't know why anybody would want to use that for repairs. I don't know what repairs mean, you clean the bottom and things like that. MR. FINLAY: No, not that. To haul out to take to be repaired. CHAIRMAN DOMENIE: Oh, okay. MR. FINLAY: In other words, it will not be used for anything different than it has been used in the past. No expanded use. 594 Clam Bay Committee Meeting January 29. 2008 CHAIRMAN DOMENIE: Except now anybody can have access whereas earlier Dr. Buser had prevented access to that -- the ramp. I know that we had a problem I think one time that we wanted to launch something across his property. MR. FINLAY: He — the access and I, you know, all I can say this has been reviewed by an attorney that was hired independent of the city attorney, but the access was for -- always has been for Seagate residents only -- CHAIRMAN DOMENIE: Okay. MR. FINLAY: -- on his property that he owned. And that's the way it was I guess set up with Pulling is for Seagate residents only. CHAIRMAN DOMENIE: Okay. MR. FINLAY: That access will remain for Seagate residents only. Not — not me. CHAIRMAN DOMENIE: No. MR. FINLAY: Even though I'm in the city, I'm not going to be pulling my boat out there nor are you. But if you're a Seagate resident, you will be allowed to pull your boat out to take it to the repair shop. MR. PETTY: That's interesting. CHAIRMAN DOMENIE: I think what we should emphasize is even after they pulled the boat out, they have to go over Pelican Bay Foundation property to get access to the parking lot I think just for the record. And there is an easement for that. MR. FINLAY: Right. MR. BURKE: The — this strip of land right along the canal and then just alongside of it is Foundation property CHAIRMAN DOMENIE: Right. MR. BURKE: -- which the public is using to launch canoes and kayaks, right? MR. PETTY: I don't know if the general public is. I know that it is a part of the amenities of Pelican Bay. If they opened it up to the general public -- CHAIRMAN DOMENIE: Yes. MR. HALL: They have in the past. CHAIRMAN DOMENIE: The storage — the storage — the storage there theoretically is only for Pelican Bay 595 Clam Bay Committee Meeting 16/1 1 1 January 29, 2008 -L residents. But in the past, remember, two years ago we had a lot of problems with kayaks and canoes that had been there for years and were rusting and they were taken away. And I don't know. I have not been down there recently to see if anybody's storing anything there. MR. PETTY: The last time I was there, it was clear. There was — there are on websites of the county reports that the Conservancy is handling paddle and electric powered canoes touring the Clam Bay system, but I have hot seen such a structure or facility. So it could just be something that is to be built. CHAIRMAN DOMENIE: Okay. Thank you. Yes, Doug. MR. FINLAY: There is current canoe and kayak storage there now. Its all cleared out and it's come back, I assume, on a managed controlled basis. Probably every canoe there now has a permit they get from the foundation. So there is canoe storage there. And my understanding — and I've got this information at home — there is an easement that has been granted for people to launch. CHAIRMAN DOMENIE: There is an easement. Definitely there is an easement there. MR. FINLAY: Right. CHAIRMAN DOMENIE: Anybody else from the audience? (No response.) CHAIRMAN DOMENIE: Kathy, would you just want to tell us about the meeting on the 9th of February? Identify yourself. MS. WORLEY: Kathy Worley, Conservancy. THE COURT REPORTER: Worley? MS. WORLEY: Worley. On February 9th Saturday there will a mangrove festival at the Conservancy that is co- sponsored by the Mangrove Action Group and the Conservancy. There will be a number of speakers there and also free boat rides, free admissions to the Conservancy. And also booths from other organizations. So its kind of a get together and come learn about different things. CHAIRMAN DOMENIE: Thank you. Anybody else from the audience? L•. g., Clam Bay Committee Meeting vl r+1 t January 29, 2008 J. (No response.) REVIEW OF CLAM BAY ANNUAL REPORT CHAIRMAN DOMENIE: All right. Next subject, review of Clam Bay annual report. I would — normally I start talking and I talk too much. So what I would like to do is have — start with Dr. Raia or Mrs. Womble or Mr. Burke and see what you have to say about it and then I will add my comments perhaps later on. Anybody have any comments? MR. BURKE: Right now I'm okay with it. MS. WOMBLE: Me too. . L XF-R, MET lq1 MR. BURKE: You gave it to us on a disk. We don't have hard copies yet. CHAIRMAN DOMENIE: You have them. You didn't get your hard copy? MRS. SMITH: I did not send hard copies to those who always get their agendas on disks. MR. BURKE: I'm not saying I need one. I'm just curious. CHAIRMAN DOMENIE: I have some comments relating to that, but I also have some other comments if I may deviate a moment. MR. PETTY: You're leading, sir. CHAIRMAN DOMENIE: In the first place I sent the e-mail to Mr. Lukasz and to you, Mr. Petty, regarding little mangroves as well as bigger mangroves that are starting to grow attached to the berm. And there are two comments that I have. Well, a couple comments. In the first place, I don't know if the roots in any way would harm the berm. Secondly, as they grow they will overhang the berm and we will have to trim them. The comments I have heard is that these mangroves along the berm will block the view of people using the berm and they will not be able to see the water birds. And the other comment is as these mangroves grow and spread into the water that it will take away the habitat of the shore birds. So I don't know what our position can be along the berm. I mean, you see everything from six -inch to six -foot tall mangroves. Can these be cut? Should these be cut? Should we take a position on that? I don't know what the position should be. And I don't know, Mr. Hall, if you would like to comment on it. MR. HALL: Well, I mean, what I can say is that the berm in the area immediately on both sides of the berm are part of your water management system. They're an integral part of the distribution of the water coming off the 597 development and going out into the mangroves. CHAIRMAN DOMENIE: Excuse me. Did you identify yourself? MR. HALL: I'm sorry. Tim Hall with Terrell & Associates — Terrell, Hall & Associates. I still forget that. So there is actually — Pelican Bay actually has an obligation to keep that portion of the waterway clear so that water can move the way it was designed to when the system was built. We actually have an obligation to keep mangroves out of the swale portions of the area on both sides of the berm so that that stays open. CHAIRMAN DOMENIE: So what should we do when we see all these little mangroves starting? I can imagine the Mangrove Action Group if they see us removing any mangroves or somebody else they may get very upset. And I don't know if we're incurring any penalties if we do anything like that. MR. PETTY: You are — you uncovered a public relations issue that we have in Pelican Bay. When that area, particularly on Berms 3 and 4 -- CHAIRMAN DOMENIE: Yes. MR. PETTY: — were converted from cattail to more natural systems and we cut those flushing channels, basically we put ourselves in this changed position. Eventually the mangroves will creep all the way up to the berm. The area that we have for viewing the wildlife as we refer to it now is going to disappear rather rapidly over the next few years. It is doubtful that it will stay a savannah at all particularly with the salt water flushing. As long as we've got that we'll have mangroves as the predominant species in the area. So this viewing area that the residents are talking about and are enjoying, we may be getting ourselves in a pickle because it will be disappearing by design. Mr. Hall is right. That is part of the water management system. I have a dispersion area on the west side of the berm. It is for the flow of fresh water to hit those rip-rap walls and then spread out and then go evenly into Clam Bay, not as a slug but as a nice brown sheet flow. And, yes, we are obligated to keep it Gear. I'm sure that Mr. Lukasz remembers the issue that we've had where we've gone in and maintained the mangroves and got — and we rang a little bell I do believe of the Corps of Engineers on the maintenance. I think we have a very good outline of exactly what we need to do to go maintain such areas. But typically anything trying to grow on the berm will be handled just routinely under lawn maintenance. As we mow the grass, any seedling trying to grow will be taken care of. Anything growing at the toe of the berm or out in RM 1611 A 11 Clam Bay Committee Meeting January 29. 2008 development and going out into the mangroves. CHAIRMAN DOMENIE: Excuse me. Did you identify yourself? MR. HALL: I'm sorry. Tim Hall with Terrell & Associates — Terrell, Hall & Associates. I still forget that. So there is actually — Pelican Bay actually has an obligation to keep that portion of the waterway clear so that water can move the way it was designed to when the system was built. We actually have an obligation to keep mangroves out of the swale portions of the area on both sides of the berm so that that stays open. CHAIRMAN DOMENIE: So what should we do when we see all these little mangroves starting? I can imagine the Mangrove Action Group if they see us removing any mangroves or somebody else they may get very upset. And I don't know if we're incurring any penalties if we do anything like that. MR. PETTY: You are — you uncovered a public relations issue that we have in Pelican Bay. When that area, particularly on Berms 3 and 4 -- CHAIRMAN DOMENIE: Yes. MR. PETTY: — were converted from cattail to more natural systems and we cut those flushing channels, basically we put ourselves in this changed position. Eventually the mangroves will creep all the way up to the berm. The area that we have for viewing the wildlife as we refer to it now is going to disappear rather rapidly over the next few years. It is doubtful that it will stay a savannah at all particularly with the salt water flushing. As long as we've got that we'll have mangroves as the predominant species in the area. So this viewing area that the residents are talking about and are enjoying, we may be getting ourselves in a pickle because it will be disappearing by design. Mr. Hall is right. That is part of the water management system. I have a dispersion area on the west side of the berm. It is for the flow of fresh water to hit those rip-rap walls and then spread out and then go evenly into Clam Bay, not as a slug but as a nice brown sheet flow. And, yes, we are obligated to keep it Gear. I'm sure that Mr. Lukasz remembers the issue that we've had where we've gone in and maintained the mangroves and got — and we rang a little bell I do believe of the Corps of Engineers on the maintenance. I think we have a very good outline of exactly what we need to do to go maintain such areas. But typically anything trying to grow on the berm will be handled just routinely under lawn maintenance. As we mow the grass, any seedling trying to grow will be taken care of. Anything growing at the toe of the berm or out in RM Clam Bay Committee Meeting January 29, 2008 that 22, 1 guess, 40 feet out area, something like that. MR. BURKE: Forty feet out from -- MR. PETTY: Total berm basically it — you can basically tell from the rip -rap dispersion wall that catches the water, spreads it, that's basically the edge of that easement although we'd have to stake it to get an exact. Basically that's -- that's the back of it. And anything in there we should take care of before it gets to the point where it may harm the consciousness of the people of Pelican Bay. If we let it grow up to a five or six -foot tall mangrove and then we rip it out by the roots, people are going to be upset. CHAIRMAN DOMENIE: Well, there are some that are already over six feet there. MR. PETTY: And it could be that what we need to do is a replanting program so that we understand the issues and we do something a little bit more positive rather than maintaining the system. We relocate those trees. CHAIRMAN DOMENIE: Do we have to go to an agency to get, shall we say, their okay and explain why we're doing this? MR. PETTY: There is a procedure that we follow whenever we do any mangrove maintenance in that area. CHAIRMAN DOMENIE: Okay. MR. PETTY: And Mr. Lukasz is fully versed on that and basically can do that as the situation arises as it should be with your field personnel. 11 CHAIRMAN DOMENIE: Because most of those are white mangroves, but there's some red mangroves . growing there too more than 10 or 20 feet away from the berm. MR. BURKE: So we're talking mangroves within that easement line? MR. PETTY: Yes, sir. MR. BURKE: Okay. MR. PETTY: Yes, sir. So that this is something I'm glad you did bring it up. This is an item that we're going to have to discuss sooner or later. As soon as we took the cattails out and cut the channels we -- we converted from a fresh water body which is what it was before with the cattails into a salt water body. Now mangroves can grow and they're very aggressive. If you give them the right conditions, they will take everything else out. MRS. WOMBLE: That can be part of the education program. That can be something that can be added to or infused into the information we're giving to the public so that they're aware that this will be taking place and not to I 1611 Clam Bay Committee Meeting January 29, 2008 be overly upset about it. MR. PETTY: I think proper communication is the key. MRS. WOMBLE: It surely is. Al 1 CHAIRMAN DOMENIE: I can perhaps draft an article for the Pelican Bay Post posing the two sort of views. DR. RAJA: What's the other view? CHAIRMAN DOMENIE: Pardon me? DR. RAJA: What's the other view? CHAIRMAN DOMENIE: Well, one is it's blocking the view of people. And, secondly, it will invade too much then the water birds will not have a place anymore. DR. RATA: I mean, my own perspective, I think its something that has to be done. We have an obligation to do it. I think I would -- I would speak to Mr. Cravens as soon as possible and let him know. Let him decide — THE COURT REPORTER: I'm sorry. Speak to who? DR. RATA: Tom Cravens. THE COURT REPORTER: Thank you. DR. RAIA: He's chairman of the Mangrove Committee Action Group. And I agree it's a question of communication and education and not necessarily justification. And I — in the past I have found the problem being taking steps to do something that — that was most likely necessary, but people being surprised by the action taken. I think we should be up front first before you write any article so that in the article it could be stated that you spoke to the Mangrove Action Committee and there was understanding of the necessity of doing this. As far as the mangroves growing in from the west and then someday all those — those lakes, so to speak, are going to be inundated with mangroves, you know, if -- if that happens in our life, I don't think it's going to happen overnight. It would be such a gradual process. I don't think you have to say — now — now, all those canals that I canoe on seem to be as wide as they've always been in ten years and all. And so I — there is some other mechanism there that -- that seems to thwart the advance of the mangroves. It may be the movement of the water? So — so I would not even address that that we're going to try to do anything about it. Let nature take its course there. MR. BURKE: There — I don't know if this is the time to mention it, but there always does seem to be this clash between what we have to do environmentally and what we have to do because the people want it to look a .es Clam Bay Committee Meeting January 29, 2008 certain way. Right? But, Ms. Worley, you were there at the meeting Saturday. And there's a lady, I think it's her second presentation within Pelican Bay. I'm not too sure what her group is. MS. WORLEY: She's with IFUS which is the county's -- she's one of the County Extension Agents. MR. BURKE: In one of her slides she brings up our mowing of the berm, especially the west side of the berm, which I guess we just mow what -- when as needed. I mean, we don't go in there every week. MR. LUKASZ: Probably every two weeks during the summer. Every three or four weeks during the wintertime. MR. BURKE: And we don't fertilize that either, do we? MR. LUKASZ: No. MR. BURKE: But she — she showed the clippings moving into the water and making their way to the gulf. And as they made their way over there they whiten. Isn't that about right? MS. WORLY: They whiten in the photograph. MR. BURKE: On the photograph. Okay. CHAIRMAN DOMENIE: Yeah. Yeah. I have questions. MR. PETTY: Are you serious? Someone actually did this? MR. BURKE: Yeah. MR. PETTY: Seriously? MR. BURKE: I didn't. MR. PETTY: And presented it to the Conservancy as a piece of scientific information? MS. WORLY: No. No. CHAIRMAN DOMENIE: No. MR. BURKE: The question came up on it is and in the presentation somebody raised the point because she was saying you really need to mow this. How often do you need to mow it. She was just asking theoretical questions. But somebody brought up the point if you don't mow that occasionally, we are going to hear screaming and yelling like you can't believe. And then somewhere in all of this came to my mind not that long ago, the Foundation settled out of court with an owner who stepped off a tram into berm grass that had a fire ant hill. And the man or woman, whoever it was, got bitten up by it. So, I mean -- go ahead. 601 A Clam Bay Committee Meeting 1611 All l January 29, 2008 (Ms. Alvarez enters meeting.) MS. WORLEY: Just to clarify this was a speaker for the Mangrove Action Group. She was speaking on Florida Yards and Neighborhoods Program. MR. BURKE: Yeah. That's what it was. MS. WORLY: Okay. MR. PETTY: But to come into Pelican Bay onto a berm that is only for Pelican Bay residents, you understand my point, and then take pictures and photographs of them mowing this little piece of grass as if we are contaminating CHAIRMAN DOMENIE: Mr. Petty, no. MS. WORLEY: No. CHAIRMAN DOMENIE: In the first place let the record reflect that Ms. Annette Alvarez came in. Thank you very much. What happens she showed pictures and she implied that we cut it every week and that we were fertilizing it and that the grass leaves from the fertilized would -- coming into falling west of the berm. And that when they mow and some of the grass leaves fall on the berm itself, that those would — should be swept up. MR. PETTY: Oh, that's -- CHAIRMAN DOMENIE: After the meeting I went to her and I told her we do not fertilize and we do not mow x once a week. And she also showed pictures of that — what is the little, I'll call it, weed plant, very low with pretty little flowers? What is that that's growing? MR. HALL: That grows on the mud itself? CHAIRMAN DOMENIE: On the berm itself. MR. HALL: On the berm? CHAIRMAN DOMENIE: I don't know the name of it. She showed a picture of it. And I said, Well, that's exactly — we would be very happy to see that take over because its a beautiful little plant. So that was basically the gist. And what she showed was a picture of, you know, when the water retreats west of the berm, you'll see some little white streaks. And she said those were dead leaves. I don't think they are. 602 Clam Bay Committee Meeting �a January 29, 2008 16 1 Ai MR. PETTY: I can -- CHAIRMAN DOMENIE: I think -- MR. PETTY: I can do better than that, sir. To look at the nutrient loading from grass clippings that may come from the berm every two weeks compared to the leaves coming off the mangroves themselves which are so voluminous to darken the water to almost black on outgoing tide, the amount of organic material coming from fhe grass which stabilizes the berm, very key, stabilizes the berm, there's no such that — I take it as a personal -- I take it as almost as an attack on the district. MS. WORLEY: I think you're getting a little bit — MR. PETTY: I've got hundreds of acres of people who have their lawns right next to seawalls all over Collier County. Why they would come into Pelican Bay to this natural beautiful system to exhibit this — MR. BURKE: Mr. Petty, there's a point. She was not picking on any aspect of this. It was all part of the better lawns and — MS. WORLEY: It was all part of the Florida Yards and Neighborhoods. MR, PETTY: Again — again, the organization — I am not talking about going against the organization. I'm saying it was a very poor example. CHAIRMAN DOMENIE: I agree. MS. WORLEY: Well, actually she showed good examples of Pelican Bay. MR. PETTY: That particular example was a poor example of the concerns expressed by that organization, concerns of nutrient loading to our surface water systems. MR. BURKE: But an overall -- an overall point that I think she was trying to make is the population in general, the whole area, do you really need to mow? I mean, one of the things she tossed out, do you need to mow every week? Maybe you don't. It was things like that. So there weren't any accusations. She was just trying to make some overall points about -- DR. RATA: Mr. Domenie, had a chance to talk that there's no fertilizing things taking place. MR. PETTY: Let me — let me see if I can get this point across. The concerns that these folks have are valid concerns for everybody in Collier County except for those that have design systems to take care of it who should be sympathetic, who should participate to the best of their ability. But Pelican Bay has spent millions of dollars in putting 603 Clam Bay Committee Meeting January 29, 2008 together a storm water management system that takes care of this organic loading in our community, all of it. The amount that's coming off of ten feet of berm from grass clippings is nowhere near an issue for us to ever talk about as being anywhere clear or close to the truth. The issue here are the nutrient loading problems in the surface water of Collier County? You bet. Are there any in Pelican Bay? Absolutely not. We have 25 years of data that shows that. Absolutely not. ' MS. WORLEY: Yeah. I wish you could have heard the presentation because she was not talking really about grass clippings anyway. CHAIRMAN DOMENIE: She was, but she showed the pictures — MS. WORLEY: I know, but it was -- CHAIRMAN DOMENIE: — and she said they were on the berm and they shouldn't be there. MS. WORLEY: The point — the point was if neighborhoods promote — IFUS and the county extension promotes that when you mow grass you don't allow it to go into a waterway. That was it. CHAIRMAN DOMENIE: Mr. Petty's position and my position is she could have taken a picture of a house with grass clippings on the road rather than using the berm as an example which was a poor example, I think. But let's get on. MR. BURKE: The only point I was trying to make, though, was there is always a clash between aesthetics. And I remember over the years here if that berm grass got a little bit too long, people were complaining about not only , how it looked but about, well, I walk at dusk. I don't know what kind of critters are going to be crawling out of there. Really, you know, those are the things we've heard over the years. m MR. PETTY: We have had rats. MR. BURKE: Yeah. So... DR. RATA: There is a way to mow grass with a grass catcher. I mean, let's buy the grass catcher and move MR. PETTY: Sir, it's not that easy on the berm. (Multiple speakers.) THE COURT REPORTER: Whoa. Whoa. One at a time, please. MR. PETTY: The suggestion was if there's an option we can do for maintenance to stop the grasses from HE Clam Bay Committee Meeting January 29, 2008 entering the water. No, sir. None that I know of The berm's slope is such that it is -- it has to be walked with weed - whacker. And there is no way to test that, No. 1. Number 2, even if you could get a recycled mower that would drop the grass right on the berm, all those nutrients end up exactly where they would be should the blades of grass hit the water. All of the nutrients landing in Pelican Bay end up in the water management system. The issue that is brought up during these types of discussions about not putting grass into the waterway id to try and make people aware of the situation, not that if they keep grasses out of the waterway that there is an actual reduction in the nutrient loading. It is one of those points of reference that says you can actually see it here. But those nutrients if you mulch your grass and those grass clippings go into your lawn, those nutrients are in this area. And when it rains, those nutrients come to you and have to be treated by the bacteria in your soil, have to be up taken by your plants, have to be treated by your water management systems. So whether or not grass clippings on the water is more a politically correct signal than it is a fact of nutrient loads. So that's the issue. CHAIRMAN DOMENIE: I hope nobody -- DR. RATA: Move on. CHAIRMAN DOMENIE: I suggest I agree with you. The other question — I have a question. Mr. Petty, where do we stand with the film? Are we going to try to get a producer for that and is that something that should be brought up at the next regular board meeting to get the ,k budget approval or do we have any figure — do we have any financial figures on the estimate for something like that? MR. PETTY: That's a good question, Mr. Chairman. But the chair and the chair of this committee, the chair of the regular group and this committee, and I have viewed a rough draft if you will from the existing production unit. And we've come to the conclusion that Tim Hall is an excellent scientist, but maybe he is not Filini and should not go to Hollywood pursuing an alternative career. MR. BURKE: The camera is not kind to Tim? MR. PETTY: Well, no. He — he looks good on camera. The camera man in this case is great, but the content is little bit dry. And, well, we'd like to have a little bit better representation of the work. And as I think I've just seen better clearer information on what it is that we do in Clam Bay is probably very helpful. With that in mind, I know that we are going to hold Turrell, Hall & Associates accountable as we said we 605 Clam Bay Committee Meeting 1 11 January 29, 2008 would in that if they had picked the wrong producer, whoops. One of the reasons we wanted Turrell, Hall & Associates to lead this program is that we hoped that Turrell, Hall would put some of their own money in it since their name would be mentioned and they may like participating in some of the cost. Since we are not very happy with the directing, I would suggest that we do look to Turrell, Hall & Associates to participate in some of the costs. I think we should look at the alternative. I think the alternative Tim had talked td in the past was Blue Sky which is also the Foundation's production company. DR. RATA: I was going to suggest that. They've been a tremendous improvement not necessarily in the content but in the quality of the imaging. Because I had chaired that committee prior to coming on this board. And we -- and they would be looking for it also. And how long a film would this be, half hour? MR. PETTY: We're thinking, yes, 20 minutes. DR. RATA: Twenty minutes to thirty minutes? MR. PETTY: Fill in with some commercials. DR. RATA: You know, between Tim Hall and something from the Foundation, we might be able to put something like — like this together. Because its -- its something that we want to present to Pelican Bay. MR. PETTY: Mr. Chairman, you asked about funding. And in the ten years that we've had the permit, we've been required to provide educational materials on what we've been doing in there for ten years and we've come up with our annual reports so we met the requirements. I'm not sure that we educated a whole lot of people with this , very scientific document. This — this film is supposed to basically do that for the next ten years as well. I would suspect that we -- since we are changing directors so to speak, that there will be some artsy feelings that may get ruffled that may take a dollar or two to salvage. And I don't think that we're talking about much money here. I don't think we're talking about more than maybe $10,000. CHAIRMAN DOMENIE: To get a new director to — to do this? MR. PETTY: We had asked for $20,000 in the project approval process. And I think we can hold Turrell, Hall & Associates accountable for their responsibilities. I think that a lot of what the first production company has shot is usable. CHAIRMAN DOMENIE: Oh, yes. MR. PETTY: Although I would make all the personal comments a lot stronger than what they were. ,K^ v, fir; CC� Clam Bay Committee Meeting January 29, 2008 CHAIRMAN DOMENIE: And I think more -- rather than pictures of the people, have pictures of Pelican Bay as the people are talking. MR. PETTY: Some of the best shots that we envisioned were those back in the mangroves as you go canoeing through and you come on these large vistas. DR. RATA: Is this a video that's already been done? MR. PETTY: Stock photography background scenes. DR. RATA: DVD or something? MR. PETTY: Its a quick time movie that staff has been looking at to try and do the — the outline or the story board if you will. DR. RAJA: Do we have access to it on the Internet? MR. PETTY: No, sir. DR. RATA: Just to look at? MR. PETTY: Its too much just raw footage. DR. RATA: Okay. MR. PETTY: I mean, there's 20- minute conversations with Ms. Potter and I think with the chair. CHAIRMAN DOMENIE: With Mr. Lukasz and with our chairman. MR. PETTY: There's -- yeah. The story line isn't there. And that's one of the issues on why we would like to x change directors. Our instructions from the get -go were very clear. We wanted a story board. We wanted to go over the context and the text that would be presented in this presentation. So far we have gone through the exercises. Some film has been shot on -site. We've had the exercises where some of the principals that we're going to interview have gone through a draft interview process, but we haven't -- we haven't punched that up to final form. You have to basically say, okay, now, that's the same question I'm going to ask you in the interview. That was a good answer. Why don't you present that. Tell them what to wear. Critique their posture. Put them in the right spot. And then do a final. CHAIRMAN DOMENIE: Mr. Petty, my question is should this go to the board? Is it ready to go to the board for approval for additional funding? That was my basic question. So we'll put it on the — MR. PETTY: If the subcommittee thinks the message is important enough, I think that staff can strongly 607 Clam Bay Committee Meeting January 29. 2008 161 suggest and recommend that it go before the full board. And that we would ask for a minimum of $10,000. If you want to be gracious, no higher than 20. CHAIRMAN DOMENIE: Anybody? MR. CONNELL: John, how much of the 20,000 — original 20,000 has not been spent? MR. PETTY: Most of it, sir, has not been. Mr. Hall is very parsimonious with his funds. THE COURT REPORTER: Could you identify yourself, sir? MR. CONNELL: Coleman Connell. MR. PETTY: We do — we do hope to keep most of those funds. This is the amount — the asking for more funds is not that we truly anticipate it due to that conflict, but more because of the film choices that -- that we are starting to make where we want shots of this and want shots of that. Some of these shots are going to take quite a bit of setup time. And we're thinking that's where the extra dollars will come from. MR. BURKE: When was the last time we produced one of these? I mean, we're going back a ways. MR. PETTY: Sir, this is our first time ever of trying to substantiate this degree of work. This really is — its not a first for Pelican Bay, but it is a first for the residents. You've actually met the legacy of some of the great people put on the team before us. CHAIRMAN DOMENIE: So I'll include it then. That would come out of the education. Do we still have enough funds to carry forward? MR. PETTY: Sir, we were checking on the carry forward for Clam Bay and there are funds available for this process. CHAIRMAN DOMENIE: And this is something we have to do in any case for education? MR. PETTY: Absolutely, sir. CHAIRMAN DOMENIE: Okay. Thank you. MR. HALL: Mr. Domenie, if I might just make a comment. If it helps out before the next meeting, I'd be happy to talk with Mr. Petty and maybe get with Blue Sky and see if we can have some budget numbers as well associated with what we want them to do and what they think it would cost for them to get to that level of involvement. MR. PETTY: Mr. Chairman, I would not give any producer the opportunity to tell me a number. They will .1: N Clam Bay Committee Meeting January 29, 2008 always pick a number that I can't live with. We decide what the budget is and they've got to fit it in there. CHAIRMAN DOMENIE: Okay. MR. HALL: Okay. CHAIRMAN DOMENIE: Sorry, Tim. MR. HALL: No, that's fine. ` CHAIRMAN DOMENIE: Anyone else from the board? Any comments on that? (No response.) CHAIRMAN DOMENIE: I just want to mention a couple of meetings that are coming up that are of interest. February 8th, 5:30, here a climate changes meeting. February 11th, there's an ECA meeting at St. Johns Evangelist. MR. BURKE: Estuary conservation? CHAIRMAN DOMENIE: Yes, estuary conservation. And, unfortunately, that coincides with a meeting of the Foundation here. So I don't know which one I will be attending. Then there will be on February 26th at seven o'clock, Judy Haner, H- a -n -e-r, of the South Florida Water Management District is coming here to talk. And February 19th I — oh, well, that has nothing to do with us. Then on February 21st somebody's speaking at 5:30 about the Everglades. MRS. WOMBLE: Where is that at? CHAIRMAN DOMENIE: Pardon me? Community center. All right. MR. BURKE: Mr. Domenie, I just have one more on the annual report. Is this the last report of the existing permit or is there one more? MR. PETTY: There should be one more. MR. BURKE: One more. MR. PETTY: It should be nine years of reports after ten years of work. CHAIRMAN DOMENIE: Okay. I would — anybody else something? (No response.) CHAIRMAN DOMENIE: All right. On — in the minutes on page 585 our friend Doug Finlay refers to clams and oysters in, I guess, Moorings .1' T Clam Bay Committee Meeting January 29, 2008 1611 A 11 Bay out in that area and that Florida Gulf Coast University has been helping them putting these out. Do we want to get involved in anything like that? MR. PETTY: Mr. Chairman, I — if I understand what you're bringing up, it is the discussion of filtering organisms -- R CHAIRMAN DOMENIE: Right. MR. PETTY: — to be put into the bay. CHAIRMAN DOMENIE: Yes. MR. PETTY: Mr. McAlpin, yes, he is here. Mr. McAlpin has talked to staff about the possibility of filtering out organisms as well as Dr. Bauer and plant material as well that they are considering for the issues afflicting Naples Bay and, of course, Venetian Harbor all the way up. CHAIRMAN DOMENIE: Right. MR. PETTY: So I think it is appropriate for the Clam Bay Committee to hear about these projects, but I believe that will be the subject that Mr. McAlpin will be bringing up under his groups authority as — as coastal zone director. And I know that we're meeting later on today to discuss just how the format of those meetings will start up. So I believe we'll be bringing that information back to you. CHAIRMAN DOMENIE: Okay. Thank you. Now, we have discussed about measuring the water flow through the culverts at Seagate. MR. PETTY: Yes. CHAIRMAN DOMENIE: But we have never done anything about that. Seagate lies in the city. There was some thought that the city might want to take those measurements, but from our point of view I think it would be interesting for us to know. And 1 thought that at one point we were going to ask Humiston & Moore to take some updated measurements of the water flow going north and south through those culverts and we were thinking about using east -of- the -berm monies for that. Where do we stand on that? MR. PETTY: Basically, sir, we stand as a chair talking with staff about that issue. Mr. Hall has some information that he can bring. MR. HALL: We have actually done that in the past couple of years. Usually its two or three times a year. It kind of depends on tides when we do it, but we do actually collect flow measurements in and out of the culverts. Its 610 Clam Bay Committee Meeting January 29. 2008 not part of the annual report. It's kind of part of the information that we keep on file in the office. CHAIRMAN DOMENIE: But you take it, let's say, over 24 -hour cycles? MR. HALL: We don't do it over 24 -hour cycle. We do it over a tidal chnage which is like a six to eight hour. CHAIRMAN DOMENIE: Twelve hour. MR. PETTY: Mr. Chairman, I think they may be able to — I think what he's trying to say is that he can extrapolate the information to a volume amount for ballpark purposes. MR. HALL: Which is all that we've been trying to do is to -- to see or to make sure that — that what the differential is between water coming into the bay versus water going out to see if the culverts are acting as a drain against water going out in the past. CHAIRMAN DOMENIE: Which way -- which way is more water flowing, north or south? MR. HALL: When the pass starts to become constricted, we get a little bit water -- more water flowing south. But when the passes open after the dredging events and all of that, its actually very, very similar going north and south which is -- which is what we like to see. It means the systems are pretty equitable in terms of the direction the water's going and the friction that it has to overcome to get out of the pass. So the pass is working and it hasn't been an adverse impact by the -- CHAIRMAN DOMENIE: I was more concerned -- rather than the flushing action, I was more concerned about the quality of the water which flows north into Outer Clam Bay. That is my concern. I'm not so concerned about the flushing action. I think we're getting enough flushing action, but I'm concerned about the quality of the water flowing north into Outer Clam Bay and what effect that has on the waters in Outer Clam Bay. MR, HALL: We take a water quality measurements at the Seagate culverts. CHAIRMAN DOMENIE: Yes. MR. HALL: That's collected. And based on the volumes going both directions, I personally don't believe that that's an issue that the water coming in is degraded to the point where it is adversely affecting Clam Bay. CHAIRMAN DOMENIE: Okay. DR. RATA: The only point — what Tim is saying the only variable is the -- THE COURT REPORTER: I'm sorry. I can't hear. DR. RATA: The only variable is the dredging of the canal. He stated that if the canal is not dredged, we then 611 Clam Bay Committee Meeting January 29, 2008 1611 ll have less flow coming north. But when we dredge, it equals — the flow is equal north and south. MR. HALL: When — when we see differentials is associated when the pass closes. And then that makes sense. If the pass is closed, there's nowhere else for the water to go. DR. RAJA: So, I mean, right. If there's a problem and I'm not saying there is a problem, if there's a problem, it appears the canal has to be dredged. ` CHAIRMAN DOMENIE: Right. DR. RATA: But if there's no problem, then let nature take its course. MR. HALL: And going back from history when the flat gates — and I probably shouldn't bring this item up based on the -- on the history. But when the flat gates were first put on, it was prior to the pass being opened, and that being when they were first suggested — CHAIRMAN DOMENIE: Excuse me, Mr. Hall, just to correct you. Not being open but dredged deeper — MR. HALL: Correct. CHAIRMAN DOMENIE: -- and all the way to the bridge. MR. HALL: Correct. That that dredging had not been done. And there was a measurable head differential between the water into the south versus the water in Clam Bay because the tidal prism and all associated with the bay was not equal to that in Venetian Lagoon. After the pass was dredged, that differential went away. And that's one of the reasons why the flap gates then started acting more as a plug than as a — than as a valve because there wasn't enough water or head differential on one side to open the flap gates. The pressure was equal on both sides. They stayed closed and it was a plug. CHAIRMAN DOMENIE: Right. MR. HALL: So when that was noticed that that was happening coupled with some of the — the algae problems and lack of water movement down in the southern part of Outer Clam Bay, that's when we first recommended removing the culverts. We talked with Dr. Steiger who was in Mike's position at the city about coordinating that, you know, agreed to do — to do the flow measurements and so forth. We took the culverts off. The flushing in the bay improved. Humiston & Moore did their modeling that showed the amount of water going out wasn't detrimental to the pass. And so we have been doing periodic monitoring of those flows just to -- to make sure that that stays — 612 Clam Bay Committee Meeting January 29, 2008 DR. RATA: You didn't remove the culverts. MR. HALL: I'm sorry. We removed the flap gates. DR. RATA: The flap gates. MR. HALL: Yes, sir. So that's where we are now. I mean, in my mind it's not — it's not a big issue anymore. But as I said two or three times a year we are still collecting flow measurements through there. CHAIRMAN DOMENIE: Okay. Thank you. Have — Mr. Petty, do you know or, Mr. Lukasz, have we done anything to have all the employees of the Services Division take that Best Management Practices Course? Have we taken any steps about that? MR. LUKASZ: Yeah. They're all scheduled within the next month and a half. CHAIRMAN DOMENIE: Okay. Thank you. Can somebody explain the difference between nitrites, nitrates and ammonia and why is it important? Are they all kinds of fertilizers? MR. PETTY: No. MR. HALL: Normally nitrates are more predominant in fertilizer although there is — they do put down ammonia. They do put down -- MR. PETTY: Yeah. Let me start. They're all nitrogen. MR. HALL: Right. MR. PETTY: Nitrogen exists in three different forms: Ammonia, nitrites, nitrates. And its — it is a -- it is a stabilizing or growth action ammonia being the most volatile form of nitrogen. It causes the most trouble in our lake systems. Nitrates can also cause excessive blooms. Nitrates are considered like a slow release, if you will, of their nitrogen source. They are a more stable form of nitrogen. Remember, a lot of our atmosphere is nitrogen as well. So nitrogen's kind of all around. So that what you're referring to, sir, is actually called a cycle of nitrogen. In treatment processes, as we have in our water management system, we have naturally occurring bacteria in our lakes which we mimic in wastewater treatment plants in this country to treat wastewater in our rural areas and our urban areas. But in our lake systems naturally occurring bacteria, it is both what they call the aerobic and anaerobic zone. Aerobic where there is dissolved oxygen. Anaerobic where there is no dissolved oxygen in the water. These bacteria 613 Clam Bay Committee Meeting January 29, 2008 will absorb and adsorb these nutrients. In this case we're looking at nitrogen in any of its forms. And the end product should be a stabilized nitrate of low quantity in a naturally balanced system- And that's what were looking for in ours. CHAIRMAN DOMENIE: Okay. MRS. WOMBLE: May I make a comment here. That naturally balanced system can get out of whack if people aren't careful about how often they're watering. I'm thinking about every time I go through Pelican Bay, we've brought this up every time we've had a Clam Bay meeting I think and possibly some of our general public Pelican Bay Services Division Board meetings, there are medians being watered inappropriately. And the more you water, the more you have to fertilize. And that turns into a problem all the way down the line. Its a Catch 22. And I don't know how to stop it, but is there some number that we can put out to the public specifically? MR. PETTY: For median strips I think you — you just did stop it because there's the guy. When it comes to what is normal in Pelican Bay can -- can sometimes not occur. One of the things that we are doing as staff in working with the committee is to come up with a presentation that explains the water management facilities. In Pelican Bay some things are not what they appear. They are the opposite. I'll give you for an instance -- an instance of this is irrigating in Pelican Bay is not a detriment the way it is in outside areas. MRS. WOMBLE: No. MR. PETTY: The reason for that is we use 100 percent effluent for all our irrigation. So every drop of water that is hitting the ground is providing a fresh water bubble underneath Pelican Bay. And that fresh water bubble is there to stop salt water intrusion. This helps the neighbors that we have to the south and neighbors we have to the north on a lot of their coastal wells. So what we do here is actually prevent some wells from going bad within our area of influence which does extend well beyond the borders of Pelican Bay by the way. That doesn't mean we should abuse the resource at all. And -- and as such I think we should pay attention. The other issue is when we irrigate with effluent, there are slow - release nutrients in the water. The nitrates are there. This is wastewater treatment plant effluent. It has been balanced. It has gotten to the final level. The nitrates are there which do help us to some degree. I forget. What, its about 4 percent, 3 percent nitrogen, not very much, but enough to give you a little bit of a kick. 614 Clam Bay Committee Meeting t January 29, 2008 So our yearly fertilizing measures are balanced with that as they should be. But the residents should understand this as well -- we've heard from people who are very upset to see the sprinklers on twice a week. We just got an exemption that the county went ahead and got where all users of effluent in the county -- MR. BURKE: Three. MR. PETTY: — actually, and that's a voluntary participation. There are no restrictions. They'd like us to hold to what is Phase 1 which is three days a week — MRS. WOMBLE: Right. MR. PETTY: —just to make a proper use. Don't be spoilers of the system, but we use 100 percent effluent. They understand how beneficial it is when it hits the aquifer for retarding salt water intrusion. They understand that it's also a benefit to the ground. And as a member of the South Florida Water District Board said, Its time we rewarded those who have been water conscious and have built those systems and put them in place. And Pelican Bay is definitely one of those systems. But we can — thats a long way to answer your simple question. MRS. WOMBLE: I wanted you to do that though. MR. PETTY: We'll be glad to work on our timing. MRS. WOMBLE: I knew you would. DR. RATA: Did you already know the answer? MRS. WOMBLE: Yes, I did. But I also know that not only should we be really conscious about how often we're watering, so should all of the residents. And I know we were appalled to find that our sprinkler system was going off on very strange times. In fact, the only times we've had rains recently, so were our sprinklers working. And it may have something to do with the power outages sometimes. MR. PETTY: Resetting the clock. MRS. WOMBLE: And resetting the clocks. I want that to be an educational issue too. Because here I am sitting on the board and it's happening at my house. I'm sure it's happening at other places. So when people drive by and see the median being watered during the only rain that we had for a while, they get concerned. And I've had a couple of phone calls. Evidently people know my name. But I'm so glad you explained all that because I know that, but I wanted everybody else to hear it. MR. PETTY: The public information process, you brought up a good point. Bringing that information to the 615 Clam Bay Committee Meeting 1 6 1 1 A 1 January 29, 2008 i residents is something that we could work harder on. MRS. WOMBLE: The watering cycle is really important and it helps that too. CHAIRMAN DOMENIE: Ted. DR. RAIA: We take care of our own grounds with Collier County employees; is that correct? MR. LUKASZ: Yes. DR. RATA: Because one of the things that Ms. Thesta (phonetic) had brought up is that its one thing about the cost and the other thing to make sure they're practicing what they re taught. But I don't think that should be the case here. We can — we supply whatever fertilization is going to be used and — and we should — but its something to be aware that she just gave example after example of her going through the county seeing people who took courses and are not following it. The only other thing, Mr. Petty, I don't know if this has changed, I don't know if we use pure effluent water. CHAIRMAN DOMENIE: No. MR. PETTY: Yes, sir. DR. RATA: And that can change because — because there was a connection with our old aquifer. Have they changed that or what? MR. PETTY: Sir, they actually went up and talked to South Florida on two different platforms. One was to let them know that they were changing to 100 percent effluent in their reuse lines, irrigation lines. And, therefore, would not be underneath Phase 3 restrictions. And then they asked for an exemption to a certain percentage to supplement that water with well field and the mule pit? MR. LUKASZ: Mule pen quarry. MR. PETTY: The mule pen quarry. Such a colorful name. The mule pen quarry off Immokalee Road. Those are two irrigation water sources that they've used in the past to supplement this — this irrigation source. And they did get an exemption for a certain percentage from South Florida. So kudos to Collier County for working this. They did so without a lot of fan fair. They weren't looking for a lot of pats on the back. But it certainly is going to help all those people participating in the irrigation water supply who have been around for the last 10 or 15 years. MR. BURKE: This — the effluent water of Pelican Bay is 100 percent effluent. MR. PETTY: Currently, sir, until they get to that level where — and they've got, like, 10 percent that they can Clam Bay Committee Meeting January 29, 2008 put into the wells. Right now it's 100 percent. right? IT MR. BURKE: And we're using as a community about three and a half, four million gallons a day; right? Am I MR. PETTY: According to the chart Tim showed me we're just about 20 percent of the total production. MR. BURKE: This is the whole community? MR. PETTY: This is the whole county, 20 percent. MR. BURKE: I mean, our four million is -- MR. PETTY: Yes, sir. For all of Pelican Bay. MR. BURKE: Okay. And we pay about -- we built — you wouldn't -- communities billed on 1,000- gallon basis. MR. PETTY: Per 1,000 basis. CHAIRMAN DOMENIE: I had another question. What specific additional testing are we doing? Have we implemented that additional testing upstream? Where are those locations? When will we see any results of that? And what is the cost — where is that cost being charged to? Sorry. MR. PETTY: Mr. Lukasz tells me that the system -- MR. LUKASZ: I can map that out for you. I also pulled the three additional samples in the Bay Colony area that had been discussed in one of the meetings. CHAIRMAN DOMENIE: How long ago did you do that? MR. LUKASZ: The three additional in Bay Colony was a one -time thing. The others we would do on a monthly basis. I can work up the numbers and also map out the locations. CHAIRMAN DOMENIE: It might be interesting at one of the next meetings. No hurry. Perhaps when we have three or four sets of numbers because at the moment with the dry season and then when the wet season comes in, let's see what that shows. Okay? Thank you. MR. PETTY: Mr. Chairman, if I could just -- what you're asking for on the outline should be the original blueprints which I'm sure Mr. Lukasz can bring to the next meeting. So he's already — he's got that one done for you, I believe. CHAIRMAN DOMENIE: Okay. Thank you. Then on the reports, this report Bathymetric (sic) report on page 19, 1 think it included something very 617 Clam Bay Committee Meeting 1611 A ( 1 January 29, 2008 i .L important. And that is talking about monitoring Clam Pass and dredging Clam Pass. Humiston & Moore comes out on page 19 and he says, Due to the potential for adverse impacts, more extensive dredging at Clam Pass is not recommended without a more thorough evaluation of the severity of potential impacts. That's in that just before Item 7 there. I think its something that we should bear in mind. Because above that he says, A common impact from dredging significant portions of inlet ebb shoal is increased erosion of adjacent beaches. ' So whereas our desire is to provide more sand to the south of us, we do have to be careful. And I think make further studies about any impact that it might have actually to the beach to the north and to the south. So 1 think this is something that we all should bear in mind. Secondly, Figure 6, which is about three or four pages before that, it talks about tidal ranges in Upper Clam Bay at the northern end. And there seems to be, and I don't want people to take this as something dramatic, but it seems to go from about, let's say, five inches to three inches. Does that indicate that those interior channels leading from the — from Clam Pass north, the ones that we, you know, in 1998 or 1999 were dug deeper, that some of those are silting over and perhaps there's not quite the same amount of flushing going on that was going on earlier. And is this something that we — that — that's one thing that Humiston & Moore does not measure those interior channels anymore if I'm correct. And is this something perhaps that we should ask him to look at next year to see if there's been any silting of those main channels. The ones that you use for canoeing and you use for kayaking if there has been any silting of that? MR. HALL: And actually what had happened the monitoring when it was done was every year because we were seeing the pass maintaining itself and there wasn't a lot of change in those interior channels. We switched it to every three years where we would measure those interior channels. And the year coming back — coming up is actually the year we would be measuring. So those — that would be done. CHAIRMAN DOMENIE: Okay. All right. MR. PETTY: So is there any indication here of any special action, Mr. Hall, or is this pretty much telling us everything is okay with the — do you see any signs of the silting as the chair first asked? MR. HALL: No. I haven't seen any signs of silting there. And actually I did swim the entire system this year. MR. PETTY: Thanks for asking us, but — MR. HALL: So just — just — well, just to look. We haven't done it in a long time. So we — I haven't seen any C9 Clam Bay Committee Meeting January 29. 2008 evidence of blockages or silting. 16 I'l, I I MR. FINLAY: Just, Mr. Hall, only because I go up there a lot and this little area right here, that little lake, that seems to be one of the most shallow areas that I ever experienced in the northern end and would be a bottleneck. MR. HALL: That's correct. The actual — the actual — there's a kind of a flat there if you will. And the deepest part of that area goes right under the mangroves where the mangrove roots are on the western side. So that is A -- that is a potential if we were to have a big plug or something fill in and block that small area but, I mean, that — that's an act of God. That's not something that -- CHAIRMAN DOMENIE: I would like to mention that area he's pointing at lies north of the north boardwalk so that we know what we're talking about. MR. PETTY: I think Mr. Hall's given you and so has the gentleman given you a very accurate description. I can tell you that back in the day when I was taking a boat back there this had been a flat and the area was underneath the mangroves. And trying to get the boat through you end up getting wet. You just go across. So I agree that it is an area for traveling that it's best probably done with canoe or with shorts. Definitely not long pants. MR. HALL: Just hang to the west. CHAIRMAN DOMENIE: This is an area that we should look at that this may actually be blocking some of the water going all the way -- MR. PETTY: No, sir. I think hydraulically we're doing fine. The water is moving through the roots just fine. It is — its the boat traffic that ends up being stalled a little bit. CHAIRMAN DOMENIE: Well, we'll have to just watch that. MRS.WOMBLE: Mr. Chair — CHAIRMAN DOMENIE: Yes. MRS. WOMBLE: -- I'm going to have to leave. I had a prior appointment before we had to change our meeting. CHAIRMAN DOMENIE: Okay. Thank you. (Mrs. Womble leaves the meeting.) CHAIRMAN DOMENIE: The only other thing is -- and, again, I don't -- this is not something to be alarmed, 619 � Al Clam Bay Committee Meeting 16 January 29, 2008 but we are looking at that St. Lucia and PB 11 location upstream to see if there is a source of -- I think also peed (sic) coming in there. But, I mean, we're way below the standards set by Florida, but if there is a slight increase, it's something we definitely want to keep looking at. Gary, you came in a little late. I don't know if you had anything — any wisdom that you would like to share with us at this time. Mr. McAlpin. MR. MCALPIN: Yes, Gary McAlpin. I just want to know where you stand right now with your annual report. Is this still at the review stage or is this ready for publication? CHAIRMAN DOMENIE: Which annual report? MR. BURKE: The current one. CHAIRMAN DOMENIE: ON the current one? MR. MCALPIN: Yes. CHAIRMAN DOMENIE: We are basically going to recommend to the full board to approve these annual reports. Is that what we have to do? MR. PETTY: Yes, sir. And Mr. McAlpin, we don't -- we don't have as deep a system as the county has. So when something like this comes in, it gets published right off. So its already on the website and its out there. What we're asking the subcommittee to do is to have read it, reviewed it. We're discussing it today. If they , have any issues, we're going to yell at Mr. Hall. Beat him up. Tell him to go and redo it. Or if its okay we'll change it. If there is a draft, a redraft of it, it would come back to the subcommittee and then go to the regular board. So far I haven't heard anything that's a cause for a rewrite yet. CHAIRMAN DOMENIE: I don't have anything. Dr. Raia? So we're going to take it to the full board. MR. PETTY: We would ask that the committee take that up as a consideration. Yes, sir. CHAIRMAN DOMENIE: Do we need a motion for that? MR. PETTY: Yes, sir. We would like that. CHAIRMAN DOMENIE: Okay. We would like a motion that these four reports representing the 9th? 8th? MR. PETTY: The 8th. CHAIRMAN DOMENIE: The 8th survey, whatever it is. 620 Clam Bay Committee Meeting January 29, 2008 MR. PETTY: Annual reports. CHAIRMAN DOMENIE: Annual reports be submitted to the full board with our approval. Mr. Burke moved seconded by Dr. Raia and approved on a vote of 410 to submit the Annul Report to the full Board with the Sub - committee approval CHAIRMAN DOMENIE: Any comments? MR. BURKE: Gary, you — you have some concerns with it or -- MR. MCALPIN: I just want to know what the process is. MR. PETTY: That's fine. DISCUSSION OF CLAM BAY PERMIT EXTENSION A CHAIRMAN DOMENIE: Now, we just have one more subject. And that is, I'm sure, Gary also wants to know, discussion of Clam Bay permit extension. MR. PETTY: Sir, we've been in discussions with the County and Mr. McAlpin's office as well on the permit extension. The County has county -wide facilities under consideration at this time which may have an overlap to our permit. And they've asked us to hold our permit until they have time to evaluate these overlap issues which we have , done. It is now timely for us, though, with our permit to seek an extension. And we have talked with the County and the County Administrator's office has asked us to ask this Subcommittee to recommend to the Board that we go ahead with a one -year extension on our permit. And I believe Mr. McAlpin's office, through the Coastal Advisory Committee, will be evaluating these overlaps over the next year and these topics of overlap would come back to this body for discussion. CHAIRMAN DOMENIE: Because we're talking really two things. I don't know if extension means extension of the current permit. MR. PETTY: It does. CHAIRMAN DOMENIE: Or extension means the renewal of another ten -year permit. MR. PETTY: The extension -- 621 Clam Bay Committee Meeting 1 b 1 1 January 29, 2008 CHAIRMAN DOMENIE: To me extension means extending the present one -- MR. PETTY: For one more year after -- CHAIRMAN DOMENIE: -- one year. Is one year a sufficient time to get it done? Because the way I understand it takes about 18 months for all of the regulatory agencies to look at it. Should we go for one year or should we go for two years? And if we can do it before two years the better. " MR. HALL: As — as — I'm sorry. I didn't mean to interrupt. CHAIRMAN DOMENIE: No. Go ahead, Mr. Hall. MR. HALL: To — to be -- as an extension of the existing permit, we're not proposing to change anything that's in the permit. We're just to maintain status quo, continue what we've been doing. That is much easier for the agencies to review than if we're trying to change things within the permit or change, you know, what we're trying to do. So I think that that time frame comes down for an extension. That is possible that that could actually be done administratively in a very short time frame. CHAIRMAN DOMENIE: 1 — I agree fully that we should ask for an extension. My only question was should we go for two years rather than one year or will the regulatory agencies not give you two years? MR. PETTY: Mr. Chairman, if I could, and Mr. Hall's the one that knows this best. I know that you could ask — I don't know that there's a set one year, five year, ten year or indefinite. I think that they're fairly open. I know that Mr. Hall has talked among staff about getting an indefinite extension. I think the one -year time frame is more time for > us to act — CHAIRMAN DOMENIE: Okay. MR. PETTY: -- than for the county to act on these overlap issues. Its a self - imposed timer, I believe, more than anything else, sir. CHAIRMAN DOMENIE: Okay. All right. So do you need a motion from us to go to the full board on this request? MR. PETTY: Yes, sir. Since our name would have to be part of that permit along with everybody else at the County. As we've discussed in the past, I believe we're looking at dual signatures. Of course the County would have to sign because we're a division of the County. But Pelican Bay Services Division funds are being allocated. So the Services Division also wishes to be a signature. And I believe staff has come to that determination after talks with 622 Clam Bay Committee Meeting January 29, 2008 Commissioner Halas and the chair. 1611 re CHAIRMAN DOMENIE: I then make a motion that we request a one -year extension or an open extension of the existing permit we have giving us sufficient time to prepare for a permanent extension at a future date after we've had an opportunity to review everything with the county. Is that acceptable? DR. RATA: Yes. MR. MCALPIN: Mr. Chair, if I may. It's not a permit extension that you -- it's a new permit. After this -- after this one -year extension. You're not extending this permit anymore. You're applying for a new permit. So you need to be -- just -- just — I don't think — I just want to make this clear. Okay. intent. MR. PETTY: Mr. Chairman, I think the suggestion was to clear up your motion and I believe that is your CHAIRMAN DOMENIE: I didn't -- I didn't realize that. And it is — it is — MR. PETTY: A new permit eventually after the extension. Yes, sir. CHAIRMAN DOMENIE: It's a new permit but using the same controls, let's say. MR. PETTY: Let me see if I can restate the motion. CHAIRMAN DOMENIE: Please do. DR. RATA: I just -- there's a difference between the permit extension and a permit renewal. So that the permit renewal to me means we're going to present or the premise, okay, and if that's the case, I agree with Mr. Hall , then, that when they have a permit renewal it will be expedited rather than presenting a totally new program and a totally new -- CHAIRMAN DOMENIE: I'm still a little bit confused that you have to get a completely new permit which basically just extends temporarily the existing permit. Is that what we're saying? IIMr. Domenie moved seconded by Mr. Burke and approved on a vote of MO is to recommend to the full board that the existing permit be extended for period of one year or better.. MR. PETTY: Discussions will take place with the County to discuss changing conditions of a future permit over Clam Bay. CHAIRMAN DOMENIE: But I understood what Mr. McAlpin said that you cannot extend the present permit. 623 Clam Bay Committee Meeting January 29. 2008 MR. PETTY: No, you can extend. CHAIRMAN DOMENIE: That you still have to go in for a separate 1611 A MR. PETTY: No, sir. You can extend the existing permit, but during your motion you had said that the next permit was also going to be an extension. CHAIRMAN DOMENIE: Oh. MR. PETTY: That's all. Just clearing up the language, sir. CHAIRMAN DOMENIE: Anybody from the board have any other subjects to be discussed? (No response.) CHAIRMAN DOMENIE: From the audience, anybody have to say anything? MR. FINLAY: Yeah. I — CHAIRMAN DOMENIE: Please identify yourself. MR. FINLAY: Doug Finlay. Maybe Mr. Hall can identify. We have to go back to the mangroves. I've gone over all the annual reports, but I can't remember what I read months ago. But in this annual report it mentioned the total area of mangroves not in optimal condition is 70 acres. And — and I was just wondering is that 70 acres a figure that has increased over time, decreased over time, held steady over time and is -- is there any baseline that you can compare that to to, say, Estero Bay or any other — any other system as to whether this is good, bad, indifferent? MR. PETTY: Mr. Hall, let me answer first then you give the scientific backup. One is to say that there has been a complete inventory of all the mangroves in Clam Bay may be giving a little bit more credit than what we should to the people out there that we have. We haven't counted every tree. What you have read in the report and as was explained last year and should be explained this year, but we didn't give Mr. Hall too much of a chance to talk, is we are currently tracking areas under stress outside of the original area of die off. And that area of stress reflects such things as hurricanes or these little whiny -wind things that come ashore on the beach and a few other odds and ends. In particular Mr. Hall has re- identified areas that he has recommended we should get involved in future management of that are not reflective of the hydraulic conditions which we have solved but are more reflective of day -to -day management for these very specific little occurrences that are storm -event related or isolated to very specific hydraulic conditions. CHAIRMAN DOMENIE: Or lightning. 624 0 Clam Bay Committee Meeting January 29, 2008 MR. PETTY: Or lightning. So we're finding that the Clam Bay Preserve needs attention and isn't one where we can simply go in and do a hydraulic fix and then walk out of. Mr. Hall and these other areas that he's talking about, over 50 more acres that he sees are not optimal, he's looking at as -- as areas that we may be able to help the mangrove forest in the future which is part of our discussion. CHAIRMAN DOMENIE: Can we -- MR. PETTY: If you want to talk about those. MS. WORLEY: Just make a comment that in any mangrove system you're going to have areas that are not optimal because of the fact that you have natural stressors on the system that occur. Now, as far as 70 acres, I don't know if that's a normal or what. Mr. Hall probably can answer that. But it's just that don't get scared if you hear there's some suboptimal areas because there's always going to be some naturally. MR. PETTY: Not all the apples are perfectly ripe. MS. WORLEY: Exactly. MR. FINLAY: Yeah. And I understand that. I was kind of wondering whether that was increasing, decreasing or kind of -- MR. HALL: I think the best way to talk about that is the original die off was approximately 54 acres. So this number is higher than that, however, the actual die off or dead area has been decreasing. MR. FINLAY: Like ten acres? MR. HALL: It's been decreasing pretty substantially, you know, since we started the project. And the -- and the stressed area, the suboptimal areas, had also been decreasing until we got the hurricanes. So the two consecutive seasons with storms coming on shore and all, and all the literature suggests that you may not see the final results of the stress or the damage associated with those storms for three, four, sometimes five years. So it's — its kind of a waiting game to see, you know, how the trees are going to come back and react, but that's -- that's the biggest issue. It has increased a little bit. I think the increase is definitely due to storm-related issues. And I fully expect that number to go down, but when it will go down I don't know right now. CHAIRMAN DOMENIE: Thank you. I think Dr. Raia has a question that's not directly related to this committee, but he would like to — 625 Clam Bay Committee Meeting 1611 A January 29, 2008 11 DR. RATA: Yes. Mr. McAlpin, if I may direct a question to you about the pier. I'm just curious if other sites have been looked at such as Wiggins Pass where there's recent development there or at the state park at the end of 111"' avenue or even the southern part of the county beach that people say it will utilize because you get access from the north part of that beach. CHAIRMAN DOMENIE: Gary, may I interrupt one second? Are you coming here February 19th together with Leo Ochs? MR. MCALPIN: I'm giving a presentation. So there will be a presentation on February 19th talking about viewing — educating the — this community on what the pier is and what we'll try to do and soliciting comments and questions. And I will wear some asbestos that day. But -- but, yes, we have considered sites all up and down the County. And we -- this was the, believe it not, the optimum site based on availability, based on parking. And so — and we can certainly go into that as we lay out the who's and what's. DR. RATA: Thank you. CHAIRMAN DOMENIE: Thank you very much. Anybody else from the audience? (No response.) CHAIRMAN DOMENIE: From the board? (No response.) CHAIRMAN DOMENIE: Manager? MR. HALL: I actually had just one question. We will be giving the PowerPoint presentation for the annual report to the full board. That was my intent anyway at the upcoming meeting. And — CHAIRMAN DOMENIE: Excuse me asking. Which PowerPoint presentation? MR. HALL: Every year we give a presentation of the annual report. MR. PETTY: Mr. Chairman, I — I would — I would hold off on that one and look for the presentation to be more of a film of Clam Bay versus the annual report. Not to say that we don't like your writing and its not riveting, Mr. Hall, but we may want to see -- MR. HALL: Okay. CHAIRMAN DOMENIE: My question is: What is this PowerPoint presentation? Does it cover this basically? 626 Clam Bay Committee Meeting January 29. 2008 MR. HALL: Yes, sir. ., 11 CHAIRMAN DOMENIE: Shouldn't that then come to this Committee first so that we look at it and — MR. HALL: It's normally — our annual report has always been a verbal presentation with some slides of the information. CHAIRMAN DOMENIE: I have — I have no objections. MR. HALL: If that's — MR. PETTY: Also I think it would be correct to come here as we discuss policy for the next year and budget and what we want to do and operations. It should come to this Subcommittee. The regular board, I don't believe, would be interested in seeing the PowerPoint. I could be mistaken. But I don't believe they would be. I think they'd be more interested in seeing the video, that cumulative nine, ten year -- CHAIRMAN DOMENIE: Well, but the video covers ten years. The PowerPoint basically covers this report as far as I understand. MR. PETTY: It's more operational than it is -- CHAIRMAN DOMENIE: Yeah. I — I certainly think the whole Board should see it, but if -- I have no objections to seeing it at the board meeting. MR. PETTY: Mr. Chairman, just -- you know, trying to save you. Just to note I tried to save you. MR. CONNELL: Yeah. I wonder at the need of showing at a full board meeting. If the majority of the board wants to do it, indeed, we'll do it. CHAIRMAN DOMENIE: Does the board have any feelings not having seen it? MR. PETTY: There's not a lot of drama here. Its a very good job, well done. Excellent data and information, but there's not a lot of drama. And we're not going to be asking the board for any decision. DR. RATA: I don't mind looking at it once, but I don't want to look at it twice. CHAIRMAN DOMENIE: To me it would seem that it's something that the whole board would be interested in. How long is this? MR. HALL: Well, that is my question was how long you wanted it to be or how much time I had to put it together. We had -- what we've done before is just basically go through the report, show some of the photos and screen size. Talk about the water quality, what we did this year and what we want to do next year. 627 Clam Bay Committee Meeting January 29. 2008 1611 A CHAIRMAN DOMENIE: It would seem of interest to the whole Board because they're not going to read all of this, so he's summarizing. As far as I understand its a summary of this. MR. HALL: Right. MR. PETTY: An executive summary is fine but it should come before this Subcommittee first. MR. CONNELL: And will a copy be available to the entire board? CHAIRMAN DOMENIE: Pardon me? MR. CONNELL: Will a copy be available to the entire board if they choose to have it? MR. PETTY: Absolutely. CHAIRMAN DOMENIE: Yeah. MR. PETTY: But if he's going to -- if Mr. Hall's going to stand up and say now here's what we're going to do for the next year operationally, certainly that should come before the board for discussion otherwise — DR. RATA: But don't we know that already though? Is he going to present that to us anyway? MR. PETTY: We don't know — we don't have anything of conflict yet, however, you can never tell with Mr. Hall what deep, dark secrets he's holding back. MR. HALL: All it is — everything I would be saying is in that report. If the board is satisfied that they've read it and they're done, then that's fine. You know, quite honestly that's one less thing I have to do. CHAIRMAN DOMENIE: Have you prepared this PowerPoint presentation? MR. HALL: We have. It's not the final yet, but it is — it is drafted and put together. MR. BURKE: You know, just a thought on this. You do probably have full board members that don't even know where Clam Bay is. That's a slight exaggeration. They may be more worried about things like the cost of fertilizer and stuff like that. Clam Bay and the restoration and maintenance is a full board responsibility. And I don't think I'm alone in saying that what separates Pelican Bay from the rest of Florida is the Clam Bay system. MR. PETTY: Its definitely the jewel. MR. BURKE: Okay. That's the jewel and it is our responsibility. Now, if we want to cede it to the Coastal Advisory Committee that's one thing. But I think this full board -- even though I know there are members not that concerned about it — needs to see this. And what I think Mr. Hall needs to do is come in there with a state of the Clam Bay system report. mm 0 Clam Bay Committee Meeting January 29, 2008 CHAIRMAN DOMENIE: I would agree. 1 �i MR. BURKE: And, you know, if you don't want to listen to it, sleep through it. But I think it — I don't think we can pooh -pooh this and put it aside and say no one's interested. Let's not do it. I really don't. CHAIRMAN DOMENIE: My feeling is my -- I would like to recommend to this Board that we ask him to show the chairman, who's here, could ask you to not show it. I have no — you know, but I think as Mr. Burke says, it is Clam Bay. That's what makes Pelican Bay. MR. PETTY: So -- CHAIRMAN DOMENIE: But I don't want to see it two times. MR. PETTY: Mr. Chairman -- (Multiple speakers.) MR. CONNELL: Wait a minute. Just a moment. CHAIRMAN DOMENIE: Excuse me. DR. RAJA: I make a motion that the presentation be presented to the full board. CHAIRMAN DOMENIE: I second. MR. PETTY: Mr. Chairman, respectfully, let me suggest that the board consider that the presentation happen to the Subcommittee for review before it is brought before the entire board if there is any issue that is to be discussed or any issue that may be considered controversial. It would have the reverse effect at the full board r meeting. DR. RATA: Then I would amend to my motion. I would say I would defer to the chairman. CHAIRMAN DOMENIE: This chairman or — DR. RATA: Our chairman at his discretion if he thinks it should be presented to us or not. And -- and if you feel that your viewing of it is fine, then go ahead. of this. MR. CONNELL: And after it's shown, I would urge that there be a quiz or we'd like to know the effectiveness MS. ALVAREZ: And is it something that could be presented to us, prepared then to the full committee would be in a report format, give us time to review it as a full board to give those other members the benefit to review it and then upon the next meeting if there's any questions or discussion then we would discuss It at that point? That way we 629 A1IClam Bay Committee Meeting 16/1 January 29, 2008 don't have to sit -- we wouldn't have to sit through two presentations. Those that are interested, look at it. CHAIRMAN DOMENIE: But to make a report -- what you're saying is basically make a report of this report to present to the full board. That doesn't make — I mean, to me if we can in 15 minutes the visual which summarizes this, I think that is — MR. PETTY: Mr. Chairman, if I understand Dr. Raia's motion it was to put such responsibility of review on the chair. And I believe that would be an appropriate motion if it gets seconded. That way if the chair — DR. RATA: That's it. It's his decision. If he wants to look at it. If he wants to look at it and, okay, if he wants to look at it and ask all of us to look at it also, he can do that also. MR. PETTY: I'm looking for a backup that it be reviewed by one of the members before it goes out. I always feel better when any type of public information is reviewed. DR. RATA: I think, Mr. Domenie, you ought to look at it. MR. BURKE: Is there a hard copy? MR. PETTY: Hard copy I think would be more than sufficient, sir. I think the PowerPoint -- CHAIRMAN DOMENIE: But there is no hard copy. MR. HALL: Its just a series of slides, a series of slides with me talking about — CHAIRMAN DOMENIE: I'll come to your office and look. When you're ready, I'll come to your office and look at the PowerPoint and then I will recommend or not recommend to the full board to see it. _ MR. HALL: That's fine. CHAIRMAN DOMENIE: Okay. We don't need a motion on this. MS. ALVAREZ: Okay. MR. BURKE: Sorry we brought it up. CHAIRMAN DOMENIE: Take back your motion. DR. RAJA: I'll take it back. Easy. CHAIRMAN DOMENIE: Okay. Then that's what we're doing. Let me know when it's ready so that I can come over and look at it. MR. HALL: Okay. CHAIRMAN DOMENIE: Thank you. 630 Clam Bay Committee Meeting January 29, 2008 Mr. Chairman — MR. CONNELL: Uh -huh. CHAIRMAN DOMENIE: Mr. Chairman, does that meet with your approval? MR. CONNELL: Yes, indeed it does. CHAIRMAN DOMENIE: Anything else, anybody? (No response.) There being no further business, the meeting was adjourned by order of the Chairman at 11:35 a.m. John Domenie, Chairman Transcript prepared on behalf of Gregory Court Reporting Services, Inc. by Carolyn Ford — formatted by Barbara Smith, Pelican Bay Services Division 631 11 Clam Bay Estuary Discussion Meeting 1611 February 21, 2008 rl 11 MINUTES OF THE MEETING OF THE Clam Bay Estuary Discussion Meeting Thursday, February 21, 2008 LET IT BE REMEMBERED that a meeting was held for all interested parties in the Clam Bay Estuary, having conducted business herein, met on this date at 9:00 AM at Coastal Zone Management, 3300 Santa Barbara Boulevard, Naples, Florida, with the following speakers: DISCUSSION COMMITTEE: Gary McAlpin, Coastal Zone Management Director Dave Tomasko, PBS &J — Consultant Councilman John F. Sorey III, CAC Member Jim Burke, CAC and PBSD Member Coleman Connell, Chairman of PBSD Mike Bauer, City of Naples PUBLIC PRESENT: Gail Hambright, CC Tourist Tax Coordinator Pamela Keyes, CC Environmental Specialist John Petty Janice Lamen David Roellig Doug Finley Bryn Womble Eric Staats Kathy Worley Mary Ann Womble Tom Cravens Marcia Cravens Martha Dykeman Tim Hall Kyle Luckas Clam Bay Estuary Discussion Meeting February 21, 2008 Oyenine Remarks Gary McAlpin — Meeting was called to order at 9:00am with each individual introducing themselves. This meeting was noticed by both the CAC and the PBSD Board. Councilman Sorey noted for the media that this meeting had been properly noticed as a number of members were present from various boards. There are a number of issues that needed to be addressed relative to this estuary and the Tomasko report created a need to take a broader look at these issues. We have been talking back and forth as a county for a period of time and it was suggested that we get together as a working group, to invite members of the community, to talk about some of these issues and how we would move forward to address them. We invited Jim Burke who is on the Pelican Bay Services Division Board of Directors along with Coleman Connell who is Chairman of that Board to be part of this discussion group and represent the Pelican Bay Services Division. The City of Naples has expressed an interest to be part of this discussion group because part of Clam Bay resides in the City of Naples. We have asked Councilman Sorey and Mike Bauer to be part of this group and I am here to represent Collier County. We also said we would involve consultants as needed and for this meeting David Tomosko has been invited. Dave has some issues relative to water quality that he wants to talk about and discuss. The objective of this work group is to discuss what we consider the loose ends from the Tomasko report. This would form the basis for moving forward with a new permit application. The new permit application would replace the existing permit which is currently expiring and will be renewed for a year. We believe that these things need to be discussed and then make a decision on how to move forward with the new permit application. An e-mail is being passed out from Leo Ochs to John Petty that clearly expresses the County's desire to pull together a group to develop a "go- forward" plan to insure that the Clam Bay eco system is maintained and perhaps further enhanced in the years ahead. This is what we want to try to accomplish. In this e-mail, attached hereto as Exhibit 1, on pages 1 and 2, we have summarized in bullet points what we believe are the issues that need to be addressed from the Tomasko report. In no order of importance is the following: continued yearly monitoring of sea grass in the method recommended by Dr. Tomasko; water sampling; different, more effective monitoring locations and need to talk about where the locations are best for the entire community; a QA/AC focus for the water sampling; uniform testing for each sampling; publish test results for the entire community; a yearly water quality report for the entire Estuary; education program on nutrient runoff control; action plans to address the water quality issues of Seagate and Venetian Bay; permit to address sand bypassing, p Clam Bay Estuary Discussion Meeting 1611 February 21, 2008 4 11 flood and ebb tide shoals and affect down drift beaches; what biological habitat uses Clam Bay and how do we make it the best it can be; how this permit will be administered, managed and by who; resolve the channel markings for boat access which is an open issue from the last permit.; and lastly, cut out the duplication of effort and funds some of which are the duplicate H &M Reports, the water quality activities, and the monitoring of the hard bottom. The intent today is to discuss these items and work toward a plan moving forward. We have tentatively identified a one year work period during which we can identify these items, work them as a group and come up with some solutions so that we can put this into the permit application. I know there a number of people that may not necessarily agree with all the items outlined and think they are superfluous. Our intent is not to criticize the work done by Pelican Bay. Pelican Bay has done an excellent job of managing these resources. We are not here to debate that, to criticize or take away anything from the effort that has been done from this point and time. I am now going to turn the meeting over to Dr. Tomasko to discuss why he believes we need to pay attention to the items I mentioned earlier and why this is a bigger issue than we all may or may not recognize. After David's presentation, I will open the floor to discussion about approach, intent and the next steps. Concerns about the Water Quality and Approach to Date David Tomasko — This report was assisted by Collier County, Pamela Keyes; Collier County Laboratories did all the water analysis for the work that was done for what is called the optical model, which consist of what is it that affects water clarity; what nutrient is most important; and control of algae growth. Pollution loading models were done by one of PBS &J engineers. These are the contribution of other people. It was noted that Dr. Tomasko does not care how Clam Bay comes out; if it comes out to be severely degraded or pristine. I can't care as a scientist how things come out, that's political and what I am committed to is the science and what the science says. As a point of clarification, Gary McAlpin pointed out that when we talk about the Estuary we are talking from Seagate Drive to the north end. We considered the entire watershed because you can't look only at a portion of it and be successful. The culverts under Seagate Drive and how important the water connection is represents an overall management issue. If this is a tidal connection then waters to the south of Seagate Drive and the waters to the north of Seagate Drive have an ability to influence water quality in Clam Bay. Also, the landscape in parts of the watershed is very important to the integrated storm water best management practices. Pelican Bay has a very impressive storm water treatment system. There are other neighborhoods where Clam Bay Estuary Discussion Meeting February 21, 2008 there is basically no storm water treatment. The entirety of the watershed can influence Clam Bay. If that watershed extends south of Seagate Drive, then this is part of the pollution loading model. In general this report came out somewhat in the middle of the view of some that Clam Bay was in total collapse. No one has necessary said that, but it seems that some people thought it was in really bad shape. There was no evidence of that but on the other hand it is not pristine. We are limited on how we can classify the health of the system. One thing we felt was important was the sea grass issue. We felt the sea grass issue kind of got blown up. You can't use an aerial photograph that has not been ground truthed. We are not quite sure you had an 80% decline in sea grass coverage. We went to other locations outside of Clam Bay and did not find sea grass to be a major feature. Sea grass is not always the best indicator of a healthy system. The methods used for monitoring sea grass acreage in the past, was inappropriate. Transects are very useful depending on how they are used. However, you can't create an acreage estimate from a transect station because it's not random. Likewise, you can't adequately estimate sea grasses from a photograph but instead, you need to get into the water. There is more sea grass in the system than previously indicated. What we concluded was that Clam Bay sea grass acreage was probably not the best indicator of the health of the system. What we found is that Pelican Bay has a storm water treatment system that is very impressive. We did not find any evidence of any short cutting or short cycling of the waterflow. But this does not necessary mean that there is no impact. It is just probably a very minimal impact. The area south of Seagate Drive did not have anything. The water quality in Clam Bay is a little bit tricky. If you go into the water quality data set, there are some things you need to be aware of There are water quality standards in Florida that don't necessarily make sense, but they are there. One is dissolved oxygen. The dissolved oxygen standard in Florida is that the average can't be less than 5 and no values are to go below 4. There are plenty of places in Florida that do not meet these standards and it has nothing to do with pollution. Looking at the data we have from Pelican Bay, 20 years of data is a great data set to have. However, seven of those 20 years the average DO does not meet standards. Does this mean that it is grossly polluted? I don't know. But it does mean you have to explain it and you have to make the case of how much is natural and how much isn't. If that data gets into Sterrett (the states data management system) and it is uploaded by DEP, they are going to say you are impaired for DO and that is going to trigger the Total Maximum Daily Load (TMDL) program. If you don't have local control of the TMDL program, you could be left with stuff that is expensive and makes no sense at all. There are some quality assurance/quality control (QA/QC) issues with some of the water quality data. The nitrate levels if higher than 0.8 which means nitrogen as a whole is going to he higher that 0.8. The data set from station W 1, which is in Clam Bay, had a nitrate reading of 70. This does not make sense as this is more than you would find in septic tanks or the runoff from a dairy. However, this data is out there for 6 months. This data set needs to be cleared up or you have something weird going on. J. Clam Bay Estuary Discussion Meeting February 21, 2008 1611 A11 In our analysis and report, we felt very uncomfortable using this data set as it did not make any sense. You need to be careful with this data set. I don't feel this is a real number but it is there. My suggestion is to take local control of this. You don't have to have a TMDL program. Talk with DEP and get involved with the TMDL program and tell them your issues and concerns. Find out a way to do this or you can sit back and be a passive viewer and watch the state roll the TMDL program out and it could be scary. You can come up with your own water quality goals, own course of action, document the value of what you're doing and get approved by DEP and EPA. If you don't do this yourself you're at the mercy hoping that the state does good science. This does not always happen, they have to do the whole State of Florida and if they don't, someone will go to jail. It is a Federal requirement. TMDL are not something that you can opt out of. My view is local control is better than having it done by someone in Tallahassee or even worse in Washington DC. Mike Bauer injected at this point that the City of Naples instituted some very strict water sampling program 2 %2 years ago. The City does the sampling and the QA/QC. They put this into Storrett. As a result of this program, Naples Bay has been taken off the TMDL list for nutrients. It is very important to the local Government for us to do our own work and get this stuff into the state Data Management system. Gary McAlpin injected at this point that not everyone sitting in this room is going to agree that there is an issue or a problem. However, with the data we have collected over the years, if we are not proactive in managing our system, DEP could come in forcing solutions on us that will be very expensive. You may disagree with the "work group" approach or not, but the real issue is that there is a potential liability out there that's facing the county. Obviously it is facing Pelican Bay as well. This is the point that I wanted to make with Dave coming in here. This is an issue that was not addressed in the Tomasko's report. We do have issues with the water quality data, potentially the way the water quality data was taken and the QA /QC aspect of that information. There may be other issues but at a minimum we have some issues here that need to be cleared up. David Tomasko continued that just DO can trip you up all by itself. Most biologists would agree that productive systems in Southwest Florida do not always stay above 5.0. You have annual averages that are less than 4. This is going to trigger people wanting you to document why you think this is not a problem. We are going to have to have a better data center. You can say it doesn't happen very often but they don't care if it doesn't happen very often - it happens. John Petty addressed the group by stating that when we speak to the issue of water quality, that data is taken as a requirement of South Water Management with the permit and its intent is to check the effectiveness of the water management systems. Treating this storm water runoff in Pelican Bay so that it emulates pre - construction conditions, the data supports that it is very effective in doing that. To highlight an area in 1990 that may have had a 6 month string of poor readings without checking with PBSD eludes to some problem that is not understood. We understand, that is when the County took over and it Clam Bay Estuary Discussion Meeting February 21, 2008 went through different labs and it took them a while to figure it out. No attempt was made to correlate that study with the people that may have that information. So if you have questions, let's not put it out on the table that we don't have answers. John Petty continued that Pelican Bay is very interested in its storm water system. It has committed a great deal of money to that system. We would like to think that we are a shining example of coastal development taking that responsibility. We understand Collier County's concerns that they don't have such a system. To say that Pelican Bay may be leading our concern with the state on triggering these maximum contaminant levels, 1 think we may have started off with the best, not the worst. Pelican Bay may have the best coastal situation. I think the county has a real issue and that is why they created the Coastal Advisory Committee and Coastal Zone Management. To say that it is a Pelican Bay issue at that point, I don't believe. To say that it's a County issue, I very much believe and I think everyone at this table that lives in Collier County understands the impact. To talk about this as just a Clam Bay issue is the first miss -step. Gary McAlpin interjected that the focus 1 want the meeting to take is that nobody is saying that Clam Bay has an issue. First off, no one is pointing a finger at Pelican Bay Services Division in saying there is an issue here. What we are saying is that we have a permit application that is going to go in for renewal. There appears to be some inconsistencies with the data. It's a larger issue, an estuary issue and those issues need to be discussed as a group and worked as a group. City of Naples contributes to those issues, Collier County contributes to those issues, and Pelican Bay may or may not contribute to those issues, but if we don't address this estuary in it's entirety and it's whole we are not going to be where we want to at the end of the day. We are dealing with this one right now because the time for the permitting is here. It is not to say that Collier County doesn't have any other issues with any of the other estuaries that we have. We do, and we will address them. The way to solve a problem is to address them one at a time and that is what we are trying to do. Mike Bauer commented at this point; Let me also say to John, there is a water quality issue. We don't have all the data but it is likely coming from the south. You have a great system and if there is a water quality issue in outer Clam Bay I think it is highly likely it is coming from the south. John Petty asked, Dr. Tomasko, is there a problem with water quality? David Tomasko replied; I would say that it depends on what you compare it to. If you want me to answer yes or no, I will tell you that I cannot answer. I don't know what it was and what you want it to be. Does it not meet state standards? Yes, it does not meet state standards. Do the state standards make sense for Clam Bay? We don't have the data set to support that. 1 would say; it is easy to say that the DO standards are not met in Clam Bay 7 years out of 20 years. So, is that a water quality problem, it is in the regulatory arena. John Petty asked; Are we out of compliance with any state mandate? ri Clam Bay Estuary Discussion Meeting 16/1 February 21, 2008 David Tomasko responded; with the state mandate, I don't believe you are. Councilman Sorey commented; The issue is and what we all need to be looking at is not the whole county. Look at this estuary and say OK and try to not get the state involved. As we have done in Naples Bay, let's put together a plan that conforms with not getting the state involved. Let's decide what our objectives are and not argue about weather the Pelican Bay system is doing a great job or not doing a great job. Let's look at this estuary and say OK if there were TMDL standards or no state standards, as stewards of this environment what do we want this estuary to be and look at including the parts that's in the city, the parts that are in the county. As far as I'm concerned we are all in the county. The City is in the county just like Pelican Bay and not let's not get hung up with defending the good job you guys are doing. I think we need to set up a TMDL locally controlled, locally developed and monitored program for this estuary. We need to do something in the south part of the bay to get up to your standards or whatever. Let's not get bogged down with who's doing what. Let's decide what do we want to do in this estuary and move forward. I think that is our objective. Gary McAlpin commented; I think that is the key. I think that we have data there that is suspect. Let's collect our own datasets, let's uniform the way we are doing it. Let's standardize it and do it as a total estuary so if the state ever comes to us, we can say, we don't or we do have a problem and this is what we are doing to address the issue. Councilman Sorey commented; let's not wait but go to the state and say here is our plan. We answer all the questions and make a proactive presentation instead of waiting. This is a Federal not a State issue. Let's look at the best way to solve our issues. Being good stewards of this estuary as you guys have been, lets build on what you have accomplished verses saying, well we've done great you guys have not. Let's be proactive. Gary McAlpin; I agree. Janice Larnen commented; does the renewing of this permit require that this data be uploaded? If so why was it not uploaded with the current permit? We need to be looking forward. Gary McAlpin commented; the plan that we are looking for is moving forward. It is a clean dataset of information moving forward that could support a position one way or another. There are a number of issues that need to be put on the table and addressed before the permit goes forward. We could tie this to the permit or to just being good stewards. The timing is now. It is not a requirement, currently of what we know. It could very well make this a regulatory issue for the permit if in fact the data that is there would trigger an investigation. I want to be proactive and get in front of it. Janice Larnen commented; I guess I'm trying to understand the data and it hadn't been required nor even requested prior to. Then we need to look forward going on. What is it today moving forward not on the dataset that might have had some issues. All Clam Bay Estuary Discussion Meeting February 21, 2008 f f Gary McAlpin commented; we are not trying to correct data we are trying to come up with a plan on how to collect the data, how to be uniform with it and start a data set that would give us the confidence moving forward. Water quality being one point of this, but there is a number of issues that need be addressed. John Petty commented; keep in perspective that we are talking from Pelican Bay perspective when we go to the board meetings. How do we tell them what we are doing here? I think we have determined that it is a policy decision of the County. This is not a regulation or because of anything Pelican Bay did incorrectly. It is a policy of the county and we are moving forward to increased awareness of our coastal areas. Gary McAlpin commented; absolutely, and the county's position is that if we do nothing we potentially could have a problem. We want to head off a problem before it comes there. To solve this problem it needs the entire community to get involved. John Petty commented; now you're saying two different things. Gary McAlpin commented; no I'm not. John Petty commented; let me clarify, the data we have today which shows the low DOs is public information and a lot of that information was taken by a division of Collier County. Gary McAlpin commented; I don't care how the data was taken, the data is out there. John Petty commented; you're saying there is a potential problem and this is public information. Now either the problem exists and we as good stewards should jump on it. If there is a contamination in Clam Bay the people of Pelican Bay want to be there. If there is a problem with anything in Clam Bay that we are causing or that we can mitigate they want to get involved. If there is a problem with DO, I have no problem with the state understanding that there is a problem in Clam Bay, because I look to them for guidance. I don't have a concern about it going to a state agency. What I do have a problem with is do we have a problem that we are addressing or is it a policy of the county that we are addressing. If we are going for a problem then we are going backward here. Gary McAlpin commented; John, I don't know if there is a problem. There may or may not; because there is the data that is there and is suspect. The data that is there according to Tomasko from a QA/QC point of view is suspect. David Tomasko commented; to clarify one thing. The nitrate data is obviously an error. It couldn't be anything else. So there is already an issue right there. It should have been flagged, been removed, should have not shown up- but yet it does. So that is a QA /QC error. The other data probably suggest that you're going to be viewed as impaired should Clam Bay Estuary Discussion Meeting February 21, 2008 16'1 A anyone look at that. That doesn't mean that you are impaired. However, the data is there. Councilman Sorey commented; t think we need to stop dancing around and see if we can get this 1990 data set corrected. The state has more problems than they need to deal with. This issue here is how can we put together a model that will be proactive to move forward? Jim Burke commented; 1 am in agreement with this but I have heard some things today. This whole thing started because of the sea grass report, correct? Gary McAlpin commented; this whole issue came up because there was a comment that says that the county is being negligent in its monitoring of this permit in a number of ways; from a channel marking point of view; from a sea grass point of view; and from water quality point of view. We said; hey wait a minute you can't go to the state, DEP and the Corps without us getting involved. There was a big debate and the sea grass was the leading indicator at that point and time. We had Dr. Tomasko go in there and we found out that the sea grass was not necessarily the issue. As a spinoff of that there may be some other concerns and these were the other concerns being addressed, water quality being one of them. Councilman Sorey commented; the Feds in the clean water act of 1973 said every state will implement a program and then they never did anything about it. Dave Tomasko commented; what you had is the federal government decides they are going to enforce water quality standards. It has been very successful in a number of places. There is a 303D list that shows that you are impaired for water quality standard. That 303D list is dependent on water quality data getting to DEP. My understanding that is if state resources are used, that data is to go into Storrett. It gets downloaded and DEP reviews. It doesn't always happen. Not having data doesn't mean that you are out of the loop. What it means is someone will collect that data. Jim Burke commented; Why now? Have we poked a sleeping bear? Gary McAlpin commented; absolutely. From the County's perspective once someone says there is a potential issue where the state could come in and mandate some things that could cost us significant amount of money. It could cost the total community. Councilman Sorey commented; we need to look at this estuary because eventually at some point in time there is going to be the state looking at this water body. All these water bodies are listed by the A cycle. John Petty commented; unfunded mandates have been challenged successfully in the past. Is there a reason we are reacting to an unfunded mandate? Clam Bay Estuary Discussion Meeting February 21, 2008 Gary McAlpin commented; because it is the right thing to do from a water quality point of view. Our direction from a county perspective is to move forward just as it says in Leo's memo. John Petty commented; since according to South Florida this goes all the way up to Immokalee Road I'm part of the circle. Funded and unfunded is a big question for the residents of Pelican Bay. Gary McAlpin commented; what I would like to do is address these other issues that also need to be addressed in addition to a better water quality sampling that is published and we can have a confidence level in the data that meets the Storrett format. With that water quality sampling we would identify with everyone in this room where the locations would be. Identify the technique that is used and also identify the QA /QC program for it. Other Concerns Councilman Sorey commented; I think the other thing we need to identify is the funding. Are Gary McAlpin commented; this is what I would suggest. There are a number of major activity areas water quality being one. After we agree what the groups are, we set up sub - committees. Funding is going to be addressed at an entirely different level. I suggest we assign a group of people to come back and say, this is what I think we can do. I think if we try to work all of these issues in this group it will not happen. Councilman Sorey commented; from the comments at council meetings, I think the City of Naples Council is committed to doing their part. Gary McAlpin commented; Councilman I see that there are a couple of ticket items here. Water quality sampling is one. Councilman Sorey commented; 1 think we need to decide the locations, the QA/QC system, the format, etc. The most important thing this group has to determine is; do we really want to put together a plan that will improve the water quality system and as a part of it, a management plan to preclude a TMDL trigger by the state. The sampling and everything else comes underneath that. Gary McAlpin commented; I don't think there is any question from a county perspective that we want to put a program in place that will preclude the state from coming in and telling us what we have to do. We need to get in front of these issues. I think there is a water quality issue with TMDLs and where we want to be. Other major issues are: • What quality issues are there with Seagate and Venetian Bay. Are they significant? What are they? What can we do to correct them? Are the two systems connected? The water quality coming from the south and its impact to the north? 10 Clam Bay Estuary Discussion Meeting February 21, 2008 1 6 ` 1 A 1. • Bypassing of sand, the ebb and flood tide shoals that does not necessarily affect the City of Naples as much but should be part of this management plan moving forward. Councilman Sorey commented; One of the things the City of Naples is doing city wide is a fertilize ordinance and a storm water plan. This will help the bays. We are doing something to help Jim Burke commented; that is a heavy affect on Pelican Bay. Gary McAlpin commented; I know it is a very difficult issue but I don't think your permit application that you have right now even addresses this and it has to address it. This is a permit application for the whole thing and has to address it. John Petty commented; It appears that we are negating any other position other than the agenda. I believe that the sandbar out in front of the pass is of concern of Pelican Bay. It is not a part of Pelican Bay Services Divisions area of responsibility other than the permit. But, the residents have told us that they are concerned about it because they have been told that it means benefit to their beach. So, if we ask questions about it, it comes from that regard. I don't know that we should negate conversation just because it isn't supportive of the agenda. We are asking questions. Councilman Sorey commented; we are only trying to list the major agenda items and we will comeback and address that. This is just an agenda item not any negative pluses or minuses about it. Gary McAlpin commented; we are just trying to list the items that are of concern, issues that we need to address and discuss. John Petty commented; what I don't understand is Gary, when you state things like you haven't addressed it you've just glossed over it in your application and we must do it now. Those types of statements, I have a hard time communicating back. Gary McAlpin commented; I think there is a discussion point for the sand bypassing that needs to be had. That needs to be on the table and the county needs it to be on the table. I'm not trying to discuss it right now. Tim Hall commented; we also need to add testing of the Gulf outside the pass. A solution needs to look at all the water passing through the system. Gary McAlpin commented; Sure, I don't have any problem with that. Tim Hall commented; the other issue is changing the stations, I think you need to be clear that 7 of the water monitoring stations done right now are not part of the Clam Bay restoration management permit. So we don't have to go back and modify that. 11 Clam Bay Estuary Discussion Meeting February 21, 2008 Councilman Sorey commented; If we error on any side we error on having too many stations. Tim Hall commented; absolutely, the more data the better. Gary McAlpin commented; the next item we should put on the list is the sea grass monitoring. Since that has been a big issue with one community and I think there is still some sentiment that has still not been addressed. Just formalizing how, when, what we're doing and what the procedure is moving forward is an activity that I would like to see. John Petty commented; if we are going to add this item as discussion, let me add this. I was never a big fan of sea grass being our report card on whether there was a success or failure in Clam Bay. There are better ways to take care of estuaries. I understand the City of Naples is going to be participating in that program and I suggest that we look for their guidance in making this determination. Gary McAlpin commented; that's fine, if there is a better indicator that is out there lets just get that and deal with it. 1 don't think sea grass is as big of an issue and make sure we document it. Mike Bauer commented; I do. I want to go on record as saying "I do ". Gary McAlpin commented; I think the next item is funding. Funding is an issue and how the interaction of this works with the City of Naples, Collier County, Pelican Bay and how all that is going to be put together. Councilman Sorey commented; one item that is very important is navigation which is very important to the City of Naples. This includes the marking and the whole bit. Gary McAlpin commented; I don't have any problems with that. Something 1 think Pelican Bay has done very will and I would like to see the County piggyback on is education for nutrient runoff control. Let me read the work issues again in no particular order: • Water quality, under that, what is the right sampling; what is the standard going to be; how are we going to display the information. • What is the connection between Seagate, Venetian Bay and the Gulf., what is the impact of mixing, • sand bypassing, • sea grasses/marine life, • funding, • navigation and • education. I have 7 bullet items. Comments and Sueeestions Clam Bay Estuary Discussion Meeting February 21, 2008 Dave Tomasko commented; I think it may be appropriate for someone to come in and figure out what Clam Bay does. I bring that up because people sometimes think their Estuary is crystal blue water. Gary McAlpin commented; Just a minute Dave. Kyle is there any points that you would like to get on the table before you leave? Kyle Luckas commented; just about some of the report you refer to. The sea grass report was not done to see how much sea grass was there, it was to see how much impact the dredging had on it. (Not auditable). Dave Tomasko commented; when you manage Clam Bay, what are you managing it for? Sea grass is an important feature but not the only one. What does Clam Bay do right now as a habitat? So what you may have in Clam Bay is a habitat that is extremely valuable but in different ways than people would expect it to be. When the State of Florida looks at water bodies they look at water qualities. Clam Bay water quality needs to be appropriate to what Clam Bay needs to be. You have to collect that data to know that. If it doesn't have the nursery qualities that it used to have it could be due to physical alterations. If you focus only on water quality you lose perhaps a lot of ability to improve this place. You need to talk about all the things that make a place productive. Mike Bauer commented; I would second that. John Petty commented; when you talk about improving Clam Bay, l have a lot of residents that say don't try to improve it — maintain it. Gary McAlpin commented; I understand and I put that under marine life heading. Jim, do you have any comments or suggestions on the approach? Jim Burke commented; this all started as we know, and this is just my opinion as an anti Pelican Bay stewardship of Pelican Bay that brought Dr. Tomasko in. From a positive standpoint it has resulted in some pretty good things happening. If you read the paper you will know that Pelican Bay on a day to day basis is a volatile place. I would caution the group that we steer away from any wraps on Pelican Bay stewardship as we do have an opportunity to build on what we have accomplished. Gary McAlpin commented; I think that is the way the county wants to do it. I think it has been said and I want to reiterate it. The stewardship has been excellent and we have an opportunity to improve the stewardship by getting other people involved and that is what we want to do. Coleman Connell commented; you mentioned funding in a very broad way. What is this going to cost Pelican Bay? Are we going to have to pay for something that is miles away? Who is responsible for which portion? 13 Clam Bay Estuary Discussion Meeting February 21, 2008 e� 11 Councilman Sorey commented; I think that is part of the work group that will have to determine what is fair for all the parties. I think all three of those entities will be in this funding. Gary McAlpin commented; I understand and there is going to have to be a funding equation that is fair and works for everyone. But, for the first time what we have heard is the City of Naples wants to be part of this and participate financially. We are at the very preliminary stages but this is the first time I've heard that there are other people that want to participate financially. We will work through that. Mike Bauer commented; I did want to add that there are several of us that have looked at the bottom of outer Clam Bay. It has not looked healthy to me. I found the water to be very murky. Looking at the bottom of that Bay I was not impressed. Tom Cravens commented; In 1972 Westinghouse acquired the land where Pelican Bay is located. In 1973 congress enacted a number of acts. Pelican Bay realized they were not going to be able to develop a gulf front condominium complex like what is south. They contacted the Conservancy of SW Florida and had them help develop a plan for Pelican Bay. I think it might be a good idea if the Conservancy came in and gave us some guidance and advice. I also think Florida Gulf Coast University has individuals that are involved in the marine environment. These are valuable resources. John Petty commented; Let me talk about the groups that are here and the stakeholders that are here at the table City of Naples, Collier County, Pelican Bay and the general public at large. These entities have different responsibilities and concerns. Pelican Bay Service Division has a concern toward the Clam Bay system which resides in Pelican Bay became county property, through Pelican Bay, which is in our boarder and which is currently under a permit that Pelican Bay has stewardship of. Our concern is water management related and mangrove related. That is what our public has asked us to take care of As an MSTU, even though we are a division of the county, we must be respectful of what they ask us to do. They may ask us to do more if there is an educational process out there that convinces them that it's important. The City of Naples has an interest in regards to Venetian and Moorings and the water quality there does not have any treatment facilities such as Pelican Bay. The questions come up on what can we do in the Clam Bay system to help in that regard? There is the county. who has some concerns over the states TDML that might be implemented and what enforcement there may be and what they may be asked to do in an unfunded mandated at this current time. This is three different issues and I look forward to working with you on these issues. Janice Larnen commented; it might be helpful as the conversations evolve to understand the basis of whether or not it is a requirement, regulation verses a policy issue. How is this going to touch my pocketbook? I'm getting confused in my mind relative to what we are talking about as relative to the current permit or are we expanding the permit that is there in place? Is it going to be touching another permit that is going to trigger something else? 14 Clam Bay Estuary Discussion Meeting February 21, 2008 David Roellig commented; I have different concern. We have had permits for years and chasing them down for years. I am disturbed somewhat by the length of time this is taken. A better strategy in my opinion would have been to submit the application a year ago and see what the state has to say. Trying to anticipate what the regulators are going to want is impossible. Marcia Cravens commented; my perspective is that I would hope that in addition to the discussion about the monitoring of our water system that we might also include some of the tools and ways in which to improve the water quality at the same time. I have to applaud Mike Bauer and the City of Naples which have been so committed to actually taking the steps to improving the water quality. I would hope that the entire Collier County area would bring these areas into discussion and hopefully adopt BMP. Doug Finley commented; I am in Clam Bay a lot. I do share some of the same concerns Mike has in outer Clam Bay. Is any of our testing going to be sediment testing? Name not auditable commented; there are all different agendas here and I think if you can try to put it all aside for a minute and think about what can be done to ensure a productive estuary. Martha Dykman commented; our community (Seagate) has seen all the oysters disappear over the years. We are the ones that went to the meeting regarding Clam Bay and we asked why they were not testing on the south end that is how we started out the dialog. We were told; no they were not going to do testing on the south end. So, we came to Pelican Bay Services meeting and said we were really concerned and we were told to shut up get out of there we were not in Pelican Bay and we had no reason to come to their meeting and tell them something like that. We should be involved in this and we should have a voice in this. Action Plans for the Next Meetin¢ Gary McAlpin commented; what I would suggest we do at this time is to identify a couple of issues that I think are more important than others. We need to have discussion about funding so we can sustain this and I think Councilman this is one we need to tackle right away. The 2nd piece that came up at the CAC is that we are in violation of the existing permit as the channel markings. This has been an existing issue with the City of Naples and the Seagate people and the county is in violation. I think that is something relatively easy to get resolved. The existing canoe markers are also in violation because they have not been permitted. They have to come down and so we have to move forward with marking the channel. The first step on that is to identify the locations and go with the permitting required. As I understand it has to be permitted from the Corps, Coast Guard, DEP and Fish and Wildlife. What I think we can do is come up very quickly and easily with the locations for the channel markers. We can review them at the next meeting if that is acceptable to everyone from a permitting point of view. 15 �I Clam Bay Estuary Discussion Meeting February 21, 2008 John Petty commented; is this the Clam Bay permit that Pelican Bay Services is currently invoking or is the permit the county had for the bridge? Gary McAlpin commented; it is not the bridge permit. John Petty commented; then l have to ask is this not a Pelican Bay Service Division issue? Because we certainly have not sat down as a board that we are giving up a responsibility or that the county was going to be taking on the responsibility. I assume CAC or Coastal Zone Manager is saying that you will implement corrective action on a permit that is the stewardship of Pelican Bay Services Division. The issue that I need to talk to my board about is that the permit has already transferred and that it is no longer a Pelican Bay Services Divisions concern and that we would just be on the Clam Bay Committee. Gary McAlpin commented; John, 1 think that it is a part of the existing permit that is there right now. What I suggest is that we talk together on how we make that happen. When we say permit, let's also recognize that this is a permit issued to Collier County- Pelican Bay Services Division. Collier County has a stake in this and would want to be involve and will work through the details with you. Jim Burke commented; who actually goes out and moves these? Gary McAlpin commented; at this time what we would do is from a permitting point of view there are a number of ways we can get this done. It might be a number of contractors that we have do it. John Petty commented; we have a contractor that handles our permit and we have staff as well. Again we need to tell Pelican Bay that this has changed. I think that after its good stewardship of 10 years we certainly deserve to put before them that there is going to be a transfer of the stewardship of the permit to Collier County and it becomes a county issue and may involve Pelican Bay and the City of Naples and other stakeholders in the future. Gary McAlpin commented; I'm not advocating that there is a responsibility shift here. What I am advocating is that there is a need to get this done and there needs to be some discussion on how it gets done. John Petty commented; you and I can discuss that and then bring it to the committee. But you can't make statements to the City of Naples that we are going to do that because it has not gone before the committee. That's my position and I have to protect them. Gary McAlpin commented; John, Let me just say this that if the county is in violation of a permit requirement, we are not going to be in violation of a permit requirement. I think if Pelican Bay Services Division does not believe that it is their responsibility then the county will deal with it. I don't want to say it in a negative way but the county will not be in violation of its permits. III: Clam Bay Estuary Discussion Meeting February 21, 2008 l6l lI John Petty commented; l don't know what gave you the impression that says we do not feel responsibility. We feel a very heavy responsibility for the bay system and I don't want to leave that out on the table that we had ever said we don't feel responsible. The issue here is there is a change in responsibility. Has the county made a change? If the answer is yes, then Gary I am fine. I just think we need to go before the board and let them know. Gary McAlpin commented; Lets decide how this gets accomplished. Let's set down and talk about it. Councilman Sorey commented; Gary I think this memo and the indication that the county wants to be the next permit holder on the next permit clearly indicates there is a shift in responsibility and authority. I think that is pretty well on the table. Gary McAlpin commented; this is what I don't want to do Councilman Sorey. I don't want to get hung up on who is responsible at this point and time. I don't want to create barriers. What I want to do is to identify that there are some needs out there. There are a lot of ways to get these needs accomplished. I don't want to send a message to Pelican Bay Services that's not right. I think we as a County see some issues and there are a lot of ways to do it together to make this thing happen. We are trying to explore ways to make this happen. The County knows there are some obligations and responsibilities that it has and we are trying to move forward with them. What I am saying at this point in time, there is no line drawn in the sand saying that we are going to pick up responsibility for this issue. We're going to work together as a group to resolve some of these things. Councilman Sorey commented; I think that is fine. I think the last thing we need to do is not to coordinate with all the stakeholders. Talk about the bullet points that we have mentioned, maybe get some indication from the various groups as to how they would like to participate and I think we need to set another meeting of this entire group. Hopefully at that time we will be able to work out some of the issues John brought out. Maybe at that time we can assign sub - committee responsibilities and those sub - committees reporting back to this committee. Gary McAlpin commented; is that ok with you work group members? Response was yes. Gary McAlpin commented; we will talk together and get other people involved with this. Next Meeting Next tentative meeting will be the 28s' of March at 9:00am at CZM. Note: the meeting date was changed to March 20`" at 9 am at CZM Comments out the Door 17 Clam Bay Estuary Discussion Meeting February 21, 2008 Jim Burke commented; who determines that the markers are in violation? Gary McAlpin commented; they were never permitted through the state. Fish and Wildlife is telling us that they are in violation and they need to be pulled out. Tim Hall Commented; they have a permit number on them. Gary McAlpin commented; they were never filed. We have to deal with that right away. We will have to find out about that. Adjourned 10:50 am 18 1611 q 11 From: ochs I Sent: Tuesday, January 08, 2008 1:26 PM To: pettyj@districtoffices.com Cc: ramsey_m; McAlpinGary Subject: FW: Clam Bay Permit Follow -up Follow Up Flag: Follow up Due By: Monday, January 14, 200812:00 AM Flag Status: Flagged Good Afternoon John, I wanted to close the loop with you relative to our recent meeting on Outer Clam Bay and the Clam Pass permit. Jim Mudd and I have discussed this and would like to take the following approach: All permits and permit applications will be in Collier County's name. This is county policy and we need to follow the county policy. Please start work on extending the existing permit for a period of one year as soon as possible. I understand that it should be fairly easy to obtain and will only require a written request from us. I would ask that you prepare a draft letter from the County Manager to the appropriate permitting authority to secure this extension. Additionally, I understand from Gary McAlpin that new permit requests for the estuary maintenance and management will be issued from Ft. Myers and that pass and beach work will be issued out of Tallahassee. We will also set up a work group to address the items presented in the Tomasko report. I am instructing Gary McAlpin to work with you and other stakeholders to make this happen. The purpose of this work group will be to develop a *go forward" plan to insure that the Clam Bay ecosystem be maintained or perhaps even further enhanced in the years ahead. My intention would be for this group to provide information and suggestions to elected and appointed officials that will guide their decisions regarding potential governance, funding, resource allocations and other policy considerations. In this regard, I have considered your recommendation to address these issues under the auspices of a newly created water authority, a quasi - governmental taxing authority established in Florida statutes. In my assessment, this approach may be premature and I would respectfully suggest that this decision would be considered along with others by the policy makers after reviewing the information and recommendations offered by the work group. My time frame Is to resolve this over the next year. Therefore, I have instructed Gary to proceed in earnest to move this effort forward. Please give me your thoughts on this approach at your earliest convenience. John, I want to again commend you and the entire PBSD for the outstanding stewardship and advocacy provided on behalf of the Pelican Bay community. I look forward to a continued productive and collaborative partnership to our mutual benefit. Regards, Leo The sea grass study was in large measure very exonerating for Pelican Bay! There are several items that need to be addressed in their permit application that I will be working over the next two weeks with Jim Burke of Pelican Bay for presentation to the CAC. The CAC has elected to present their recommendations to the TDC and BCC on this permit application. It will be discussed with you and Leo first as I have been working with him. The items that I believe need to be addressed/resolved in this permit application are: • Continued yearly monitoring of sea grass in the method recommended by Dr. Tomasko. • Water quality sampling with: • Different, more effective locations A QAIQC review and central focus 6 +4 • Uniform testing for each sample • Publish test results on a website for entire community viewing • A yearly water quality report for Clam Bay Estuary • Education program on nutrient runoff control • Action plans to address the water quality issues of Seagate and Venetian Bay (No BMP exist here) • Permit to address sand bypassing, flood and ebb tide shoals and affect on down drift beaches. • Hard measurement criteria vs. vague statements • What biological habitat uses Clam Bay and how do we make it the best it can be (Graduate research program from FGCU ?) • How this permit will be administered, managed and by who • Resolve the channel marking for boat access which is an open issue from the last permit Gary L Fiala Halas 1-iennino_ _ 1611 kadio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples Fl, 34104 February 19, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: January 15, 2008 V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Maintenance Report A. Monthly Report- Advanced Lawn VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II -A VIII. Old Business A. Continuation of landscaping east of Santa Barbara IX. New Business X. Committee Member Comments XI. Public Comments XII. Adjournment Al MAR 1 2001 The next meeting is scheduled for March 18, 2008 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 L3Owd of county Cominfssioners Misc. Comes. Date: _ __.__ Item #161-LA i 2 Fiala +-la' , He(. iing_ C..Dyie C,UI'tta - 1f 1611 Radio Road Beautification M.S.T.U. Advisory Committee 1. 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS January 15, 2008 III. APPROVAL OF AGENDA Add: V. C. Appointment of new Committee Member Remove: VIII. A. Greenway Path Public Meeting & Plans Betty Schudel moved to approve the Agenda as amended. Second by Dale Lewis. Motion carried unanimously 4 -0. IV. APPROVAL OF MINUTES: December 18, 2007 Bill Jaeger moved to approve the December 18, 2007 Minutes as submitted Second by Helen Carella. Motion carried unanimously 4 -0. V. Transportation Services Report C. Appointment of new Committee Member Tessie Sillery distributed & reviewed applications. It was announced Dale Lewis & Betty Schudel reapplied. It was noted 1 vacancy is remaining & a Press release will be issued. Bill Jaeger moved to recommend (Dale Lewis & Betty Schudel) to continue their excellent job. Second by Helen Carella Motion carried unanimously 4 -0. VII. NEW BUSINESS Darryl Richard distributed & reviewed Bonness Change Order. (See attached) Noted a net decrease in the amount of ($12,038.59). Dale Lewis moved to accept the ( Bonness) Change Order ($12,038.59). Second by Betty Schudel. Motion carried unanimously 4 -0. Misc. Corr, s Date: _ Item �: to A 1 2IAR 18 2000- ROattl of Cniinty Commissioneis Betty Schudel moved to approve the Agenda as amended. Second by Dale Lewis. Motion carried unanimously 4 -0. IV. APPROVAL OF MINUTES: December 18, 2007 Bill Jaeger moved to approve the December 18, 2007 Minutes as submitted Second by Helen Carella. Motion carried unanimously 4 -0. V. Transportation Services Report C. Appointment of new Committee Member Tessie Sillery distributed & reviewed applications. It was announced Dale Lewis & Betty Schudel reapplied. It was noted 1 vacancy is remaining & a Press release will be issued. Bill Jaeger moved to recommend (Dale Lewis & Betty Schudel) to continue their excellent job. Second by Helen Carella Motion carried unanimously 4 -0. VII. NEW BUSINESS Darryl Richard distributed & reviewed Bonness Change Order. (See attached) Noted a net decrease in the amount of ($12,038.59). Dale Lewis moved to accept the ( Bonness) Change Order ($12,038.59). Second by Betty Schudel. Motion carried unanimously 4 -0. Misc. Corr, s Date: _ Item �: to I +� I. Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 January 15, 2008 Minutes 1611 A 1C. The meeting was called to order by Dale Lewis at 4:30 PM. IL ATTENDANCE Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella County: Darryl Richard - Project Manager, Tessie Sillery — Operations Coordinator, Caroline Soto — Budget Analyst Others: Mike McGee — McGee & Assoc., Dan Mote — Advanced Lawn, Darlene Lafferty- Mancan IIl. APPROVAL OF AGENDA Add. V. C. Appointment of new Committee Member Remove: VIII. A. Greenway Path Public Meeting & Plans Betty Schudel moved to approve the Agenda as amended Second by Dale Lewis. Motion carried unanimously 4 -0. IV. APPROVAL OF MINUTES: December 18, 2007 Bill Jaeger moved to approve the December 18, 2007 Minutes as submitted Second by Helen Carella. Motion carried unanimously 4 -0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Caroline Soto distributed. (See attached) The following correction to the December 18, 2007 Budget was noted: ❖ Available Improvements General $1,001,100.01 Review of the January 15, 2008 Budget: • Open P.O.s $93,292.25 • Collected Ad Valorem Tax $254,569.24 The question was raised if an itemized statement would be provided for the public upon completion of the Project. Discussions ensued. It was agreed that an itemized summary would be provided at the completion of each Project Phase. It was noted the Budget report is of Public Record 1611 1 B. Project Manager Report - Darryl Richard distributed and reviewed " (See attached). • (R -16) Numbering of Medians (Bluesky to Airport Rd.) i. Refresh existing numbers ii. Re- numbering -112 Fund Expense iii. Numbering sequence - Review by Mike McGee required iv. Background repainting (of the numbers) in yellow • MSTU Expense • Estimated cost $1,500.00 v. Status - In progress completion within 30 days (R -15) County Electric Installations quote for "By County" Items Bid 08 -5004 — Bids are due January 25, 2008 (R -12B) & (R -16) (Combined Bidding) Radio Road MSTU (Phase I & Phase II -A) Landscape & Irrigation i. Bid Contract awarded to Hannula by the Board of County Commissioners on December 11, 2007 ii. Contract with the Purchasing Department Notice to Proceed will be issued to Hannula when the Contract is received Discussions ensued referencing the Irrigation installation & the relocation of Foxtail Palms from the Two Lakes Development. It was stated upon issuance of the Notice to Proceed a schedule will be requested from Hannula to coordinate (Phase II —A) Irrigation installation & the relocation of the Foxtail Palms. C. Appointment of new Committee Member Tessie Sillery distributed & reviewed applications. It was announced Dale Lewis & Betty Schudel reapplied. It was noted 1 vacancy is remaining & a Press release will be issued. Bill Jaeger moved to recommend (Dale Lewis & Betty Schudel) to continue their excellent job. Second by Helen Carella. Motion carried unanimously 4 -0. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Advanced Lawn Dan Mote reported: • 90 Crown of Thom (across from Taylor Rental) - Complete • Fertilizer on order for February application • Devonshire Pest Control treatment - Completed 1/2/08 • Radio Rd. Pest Control treatment - Completed 1/4/08 • 1 broken irrigation line across from Bluesky & Radio Rd. — Repaired • Irrigation issues - "possibly" with popup spray heads i. Will confirm zones are operational with Roger Dick ii. Conduct weekly checks Dale Lewis questioned the wilting yellow flowers. 161! A 12 Dry bed problems at 6 -7 locations was noted. The determination was made that a combination of cold dry weather & popup zones not operating correctly was the problem. It was noted due to watering restrictions Zone checks "must' be conducted weekly. Discussions continued. It was stated with additional hand watering the plants may recover. VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report — Noted the following items located in the Island in front of Circle K: ➢ 15 missing Crown of Thorn ➢ 14 missing Ixora Darryl Richard stated a quote to repair the Island will be requested. B. Radio Road Project Phase I and Phase 11— None VIII. OLD BUSINESS A. Continuation of landscaping east of Santa Barbara — Darryl Richard stated he was advised by Pam Lulich no information was available. IX. NEW BUSINESS Darryl Richard distributed & reviewed Bonness Change Order. (See attached) Noted a net decrease in the amount of ($12,038.59). Dale Lewis moved to accept the ( Bonness) Change Order ($12,038.59). Second by Betty SchudeL Motion carried unanimously 4 -0. X. COMMITTEE MEMBER COMMENTS - None XI. PUBLIC COMMENTS: None There being no further business to come before the Committee, the meeting was adjourned at 5:36 PM. Radio Road Beautification MSTU Advisory Committee -a✓ Dale Lewis, Chairman 1611 A 12 These minutes approved by the Committee on as presented %( or amended The next meeting will be held at 4:30 PM, March 18, 2008 Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 0 MEMORANDUM 1611 A 1 2 DATE: January 4, 2008 TO: Tessie Sillery, Transportation Operations FROM: Sue Filson, Executive Manage Board of County Commissio i RE: Radio Road Beautification Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Dale L. Lewis 168 Oceans Boulevard Naples, FL 34104 Betty R. Schudel 6644 Vancouver Lane Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments 12/27/2007 11:13 2394342217 LEW1S DALE 1 6 1 PIE o7 2 •i Board of County Commissioners 3301 East Tamland Trail ri•, ._.._ ,-..... • Naples, FL 34112 (239) 252-OW Fax: (239) 252-3602 (� Application for Advisory Committees/Boards Name: DA .c - zf a RQnwPbane: 3i 4� / Y'3 -1)369 Home Addressm! �ont4� Zip Code: 5�/0 Fax No. Business Phone 3 �S4Sb e-mail address: Place Board or Comlmittee Applied Category (if applicable): Eaamplr. Commission District, Dwdosor, twi,oamemallsl, W person, em How long have you lived is Collier County: Years Mond" _ Are you a registered voter in Collier County: Yes No_ Do you currently hoht public oMee? Yes No If fa, ghat is that ofaee? • Have you ever beep convieted of any offense against the Law? Yes No If ya, explain, Do yon aon nerve, or have you ever served, oa a Cellior County board or committee? Yes '� No If yss, plow lyl the cqPmitVMarbQF*! t4Beard of Coratr CaraWAMen 730! &es1 feaeioal rNa, NVttar PL 3e3t 2 ,tJyor ++ek ytesufar year ypliaMrr ee /2391337.3607 ere.weBro 77WnkyeaAv aolwtontrtrorave tae cekas ejGakr GwrM • 161 A 12 Roard :N f utrlit f .Immi. :ions,. kpptication too -�itt i.ot s (onunittce.; Kuard� nePhone:.�341 -352- G?-i-2- Code: 3' 10'1 - ? S!J-4 Fax No. Business Phone: e-mail address:, i b 1zcoRi mstY .COK Place of Employment: I L�4 !� Board or Committee Applied 1or - -R1 tp1O ;ZCXz ViS-� U Category (if applicable): Eumple: Commu ion District. Developer, eovlroeamauliw Iry person. etc. How long have you lived In Collier County: Years_ Months Are you a registered voter in Collier County: Yes ✓ No Do you currently hold public office? Yes No ✓ If so, what is that office? Have you ever been convicted of any offense against the Law? If yes. explain: Yes No Do you now serve, or have you ever servedon a Collier County board or committee? Yes ✓ No If yes, Please list the committudboards: R Oztry _ /f A7� MSTLI Please list your community activities (civic clubs, etc. w tw. rml Niii iDEL;- Education: T -N -#twya 1 v \tG i:LAs: smxr= VtJ\'VEMtTY Mean aaaeh any o"Idwwal lnjornratian yon feerprrmunr. tell Vpttarusn snoars u /orwnnea ro aue ruraw, errcnnvr .Ri tho 6oareofCoanty Commi iawm 3301 East Temiml Troll N yoks, FL 34112 lf3vn whh. Plean fa<your aFFllentlon ro 0 11JO/1Jb3603 n ewra!l ro .yLo�.__'._ y,,.na. Thank yoafor volaatmins At serve the cwww ofCo£kr Counts. 161 1 A 1 January 15, 2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Radio Road MSTU Project Status (R -16) ACTIVE - (Larry l Richard); Numbering of Medians (bluesky to Airport Road) 12- 18 -08: See: Meeting minutes: Discussions continued & it was determined the numbering process was not complete. An assessment was needed to determine the number of medians that required renumbering. . 1 -15 -08 : Pending on quote from contractor (R -15) AC WE - (Darryl Richard): By County Electric Installations - Quote for By County' Items Bid 08 -5004; Quote request per Contract 07 -4083 "On call Electrical Repairs and New Installation - County Wide" (material Group 93972; Contractors: 1 15198 Hart's Electrical Inc; 1 12810 American Electric of Miami Inc; 100913 EB Simmonds Electric; 115640 Mizpah Electric; 103553 Paragon Electric Systems; 102779 Southwest Electric) 12- 17 -07: Final Quote from Ag Tronix received for materials cost. 12- 18 -07: Bid/Quote Package sent to Purchasing & McGee & Associates; McGee to confirm content of quote package and make recommendation and/or release for bidding. 1- 15 -08: Material Purchase pending - approval of low quote for installation - pending purchasing. Materials are to be delivered to electrical contractor. 1- 15 -08: confirmed bids due in 10 days ( R- 14) - ACI]VI-I & ONGOING - Landscape Maintenance Contract (110(7: Darry Richard) Contract #05 -3686 Part II Radio Road MSTU/MSTD Roadway Grounds Maintenance. MSTU FUND: 158 (old 150)- 162545- 634999 - 600811 THIS PO IS FOR MSTU FUND (150) ONLY/Notice To Proceed (P. O. #4500048335) MSTD FUND: It 2-163652-634999-620141 THIS PO IS FOR MSTD FUND ONLY Contract Expiration Date: Tuesday, July 28, 2009 Notice To Proceed (P. O. #4500048336) 7- 28 -05: Original NTP for Contract issued (1 year initial contract; 3 renewal periods of l year) 2- 20 -07: Confirmation of repair of Irrigation Mainline on Devonshire Fund 158 (MSTU) 10- 12 -07: New Fiscal Year 07/08 -NTP given with PO. 10- 16 -07: Committee motioned for Advance must attend meetings. I1- 20 -07: Contract Section: Contractor's Attendance states: CONTRACTOR'S MEETING ATTENDANCE "During the Contract Period, the Contract Manager or an Advisory Committee if applicable, may have questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and other special meetings that the Contract Manager should require. There shall be no additional charge for attendance to these meetings. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total." 11- 20 -07: Advanced Lawn has confirmed attendance at monthly meetings as per staff request. (R -13)- ACTIVF &ONGOING(POC. lessieSillerN) - Annual Services Contract: McGee& Associates 9- 19 -06: Radio Road MSTU Committee Approved proposal from McGee in the amount of. $11,445.00 for annual consulting services. 16i 1 A 12 11-3-06: NTP was given to McGee & Associates with a Project Completion Date— September 30, 2007. 9- 30 -07: PO Rolled into FY07 -08. 10- 19 -07: Committee Approved Annual Contract with McGee $ $11,950.00 11 -7 -07: County staff requested McGee to revise proposal. 11-20-07: Work Order has been submitted for staff review. Approval of Work Order and PO issue pending. 12- 11 -07: PO and WO issued Notice To Proceed (P. O. #4500089487)- WO # TLO -MA- 3614 -08 -04 Project Name: " Annual LA. Consulting Services'; Fund # 153- 162521 — Golden Gate MSTU December 11, 2007, based on Work Order Completion date is: December 10, 2008. ( R — 12B) &(R- 16) (Combined Bidding) - ACTIVE- LAN DS( A PE&IRk1GAIIONPROJGCI'(POC: Darryl Richard) - Radio Road MSTU: (Phase One & Phase II -A) Landscape & Irrigation - Add Corporate (CO Pending) PROJECT SCHEDULE: Radio Road MSTU: (Phase One & Phase II -A) Landscape & Irrigation PHASE Start - End Date PROJECT SCHEDULE: PHASE 100% Submittal 21 DAY BIDDING BID DUE BCC APPR NTP Material Purchase 90 DAY (Material Purchase & Irrigation Install) CONST - COMPLETE NTP CONST 90 DAY CONST CONST - COMPLETE Start - End Date 9/21/2007 10/5/2007 - 11/6/2007 11/6/2007 12/11/2007 1/16/2008 1/16/08 - 4/14/08 4/14/2008 4/15/2008 4/15/08- 7/15/08 7/15/2008 (Irrigation, and Plantings) - Work Order for Design to be initiated in FY -06 (October 1, 2005); Construction Cost: $810,000.00 ; Design Cost: $64,300.00 McGee & Associates 4- 10 -07: Re -use availability is questionable at this time. Roger Dick reports it may be wise to wait until re- use line is run up to Radio Road as part of current Santa Barbara Project. 4- 13 -07: Discussion with Roger Dick and Pam Lulich indicate that Re -Use department supplements Re- Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may occur during these 3 months of the year to existing curbing and/or other structures over - sprayed with irrigation water. 4- 17 -07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project. 5- 23 -07: McGee recommends not adding Corporate Section to project at this time as it is not entirely curbed with Type F Curbing. 7- 19 -07: Overall Committee consensus — not to include Corporate Section into Phase I — Landscape and Irrigation. 7- 23 -07: 90% plans — still pending — no plans 8 -22 -07 90% plans —still pending— no plans 9 -12 -07 : 100% plans received for bidding— pending Purchasing 2 1611 A 12 11- 07 -07: Bid 08 -5004 - received on 11-6-07—Hannula low bidder —Bid tabs are pending. 11- 20 -07: Bid Tabulation received from Purchasing Dept. Hannula is low bid for both base bid ($363,957.06) and alternates ($100,477.56) 12- 11 -07: Contract approved by BCC on 12- 11 -07- Awarding Hannula. 12- 17 -07: Awaiting Contract issue through purchasing. 1 -7 -08: Awaiting Contract issue through purchasing. 1- 15 -08: Awaiting Contract from purchasing. ( R- 21) - COMPLETE- (POC Darryl Richard) - 9 -19 -07 - Dale Lewis moved to direct Staff to ensure numbers are re- stenciled on each island. Second by Betty Schedule. Motion carried unanimously 4 -0. 10- 16 -07: Staff verified — stenciling is in the contract with Bonness Median stenciling delayed until completion of curbing project — additional 20 days was added to the schedule on curbing project. Median Numbers will be reviewed upon completion of Bonness Curbing Project. 12- 15 -07: Bonness completed painting of numbers on curbing as per Radio Road Curbing Project ( R -12A) - COMPLETE- (POC Darryl Richard) - Radio Road MSTU: Phase One - Curbing (Devonshire to Broadview Dr) (Curbing, Irrigation, and Plantings) - Work Order for Design to be initiated in FY -06 (October 1, 2005); Construction Cost: $810,000.00 ; Design Cost: $64,300.00 McGee & Associates PROJECT SCHEDULE: Radio Road MSTU: Phase One - Curbing (Devonshire to Broadview Dr) PHASE Start - End Date DESIGN 9/11/06- 1/29/07 14 DAY Quotes from Annual Contract 5/11/2007- 5/2512007 BID DUE 5/25/2007 BCC APPR 6126/2007 NTP CONST 7/17/2007 90 DAY CONST CONST- COMPLETE 10/15/2007 10/15/2007 12 -15 -05 -McGee sent notice to go `on hold' for Project. 3 -06 -06 — McGee to revise scope of project as per Don Scott. 3 -20 -06 — McGee sent `Go Ahead' on Work Order. 4 -4 -06 -McGee submits request to modify work order in amount of $6,696.00 (submit for Committee Approval) 5 -1 -06; Radio Road Curbing Plan 30% Submittal Review is pending. May 2, 2006 meeting to address Access Management issues. 5- 15 -06; Access mgmt. Meeting on 5 -3 -06 ; as per Diane Flagg project will be phased into Phases I and Phase 11. Dale Bathon confirming with funding from transportation and Don Scott confirming with Transportation Administration. 5- 30 -06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase I. — Pending Phase I — From ( Devonshire - West to western most boundry of Berkshire Lakes Subdivision) Phase I1— From ( Western most boundary of Bershire to Livingston ) Phase III — From (Livingston to Airport) 6-12-06: McGee & Associates preparing proposal for phase I, and waiting on final billing on old work order. 6- 27 -06: Need McGee proposal for phase 1. 7- 12 -06: Need McGee proposal for phase 1. 8 -4 -06: MSTU approved McGee Proposal for Phase I 16,11 A 12 8- 22 -06: Work Order for McGee Phase I is in process of SAP upload. PO number is pending. NTP is anticipated by August 24, 2006. 8- 25 -06: Diane Flagg request verification that the Total Amount spent will not exceed the original Work Order Amount of $64,300.00 (versus new proposal for: $17,330.00) 9- 11 -06: McGee & Associates sends correspondence in response to Staff request for confirmation of anticipated cost for consulting for Phase I, 11, and BI combined. Copy provided for September 19, 2006 Radio Road MSTU regular meeting. 9- 11 -06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO -MA- 3614- 06 -16; P. O. #4500066290; Total net project is $17,330.02; Work Order time -line of 140 days with Project Start Date is September 11, 2006 and Project End Date is January 29, 2007. 9- 19 -06: TECM Engineer Dale Bathon submits proposal for advancement of a portion of Phase 11 Project into the Phase I project scope from Livingston Rd. to Kings Way. The Radio Road MSTU Committee votes to not include this section in Phase I Project. Phase One project schedule: Design Complete January 29, 2007; Bidding Phase February 2007; BCC Approval of Award March 13, 2007; NTP April 30, 2007; Construction 120 time -line with Completion by August 30, 2007 11- 21 -06: McGee 100% submittal for Curbing Phase I has been rejected by TECM Engineers - TECM recommends Sub - Consultant Engineer for Curbing Plans. TECM requires Signed & Sealed Plans by State Licensed Engineer prior to approval. 1 -16 -07 Proposal from McGee for Sub Consultant - to be reviewed by Committee 1 -17 -07 Committee approved McGee for Sub Consultant - $ 2,510.00 1- 29 -07: Called and left message for Consultant to revise spreadsheet on costs. 2- 13 -07: McGee revised spreadsheet included in proposed Change Order 91. 2- 20 -07: Change Order 41 is being reviewed by Staff for approval. Inclusion of Engineer Sub - consultant is only item in Change Order. 3 -8 -07: NTP for Change Order # 1. 3- 20 -07: Formal Request sent to McGee for confirmation of delivery of 100% Drawings prior to 3 -30 -07 4- 16 -07: Coordination meeting for Public Meeting to be held May l" from 5 to 7 PM. 100% plans (revised) pending from McGee. 5 -2 -07: TECM revisions as per PIM Meeting forwarded to McGee. Revision due by 5/10/07. 6- 19 -07: Novus item - 16B - BCC meeting of 6 -26 -07 - Bonness, Inc. S 433,885.43 7- 10 -07: Bcc approved. - PO request submitted on - 6 -27 -07 with Signed Work Order. 7- 10 -07: Pending release from purchasing for PO. 7-17-07: NTP given to Bonness 7- 18 -07: Discussed overall project with Bonnes & set up weekly meetings - beginning August 3rd. 8- 22 -07: Root pruning to magnolia trees - ETI - trees to be moved upon receipt of PO - pending BA. 9- 10 -07: Budget Amendment processed by Gloria and we received PO for ETI on 9 -4 -07. 9- 18 -07: Change Order # 1 pending 10- 22 -07: Change Order Processed and notification went out to McGee & Assoc. 11- 07 -07: Change Order #I pending. (R -20) - COMPLFTE - (P.O.C. Darryl) - Root Pruning & Removal and relocation of Trees on Radio Road 8- 22 -07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate) 9- 10 -07: Week of 9 -20 to 28" - anticipation of moving trees. - pending locates 9- 24 -07: Darryl met in field with ETI and to be completed by 9- 26 -07. 9- 26 -07: Project Completed (R -20) - COMPLETE - (P.O -C. Darryl) - Root Pruning & Removal and relocation of Trees on Radio Road 8- 22 -07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate) El 1611 A 12 9- 10 -07: Week of 9 -20 to 28" — anticipation of moving trees. — pending locates 9- 24 -07: Darryl met in field with ETI and to be completed by 9- 26 -07. 9- 26 -07: Project Completed (R - 17) - COMPLETF. -TECM -Radio Road - (Phase H -A) Curbing - Brairwood to Commercial & Corporate (INFORMATION ONLY) R -19) - COMPLETE ( P.O.C. Darry 1) Corporate Square Pavers (P. O. #4500082550; dated 8/6/2007); Work Order: BC -FT- 3773 -0710— (60 day Work Order) completion date October 6, 2007 7- 23 -07- Requested for Quote from Bonness for project 8 -7 -07: Notice to Proceed 9- 10 -07: To be completed by 9 -11 -07 9 -11 -07 : Project Complete (R- 15) - COMPLETE, RE -USE WATER PROJECT — PERMITTING PHASE (POC: Darryl Richard) 3 -08 -07 : Updated application for Re -Use Gallons per minute and approval pending 4- 10 -07: Re -use availability is questionable at this time. Roger Dick reports it may be wise to wait until re- use line is run up to Radio Road as part of current Santa Barbara Project. 4- 13 -07: Discussion with Roger Dick and Pam Lulich indicate that Re -Use department supplements Re- Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may occur during these 3 months of the year to existing curbing and/or other structures over- sprayed with irrigation water. 4- 17 -07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project. 4- 27 -07: Utilities confirms that RE -USE Application has been approved and will forward hardcopy. 5 -7 -07: Re -Use Application is approved. Hardcopy scanned and forwarded to Mike McGee. ( R — 19) - COM PLETE- Painting of Radio Road Median Tips with Numbers — The median tips (bull - nose) are to be painted yellow in accordance with FDOT standards with median numbers. 10- 17 -06: Committee approves not to exceed $2,500.00 for project. Directs staff to utilize annual contractor. Trutwin annual is active for painting within ROW. 10- 23 -06: Direction to utilize `in house' Road & Bridge Department funds and resources for project. Given that the medians are `County Property'. 11- 20 -06: John Vliet , Road & Bridge rejected plans to paint curb #'s on Radio Road. 11- 20 -06: Staff requested quote for Trutwin to paint curb #'s on Devonshire. 1 -3 -07: PO & NTP to Trutwin I- 29 -07: Project Complete (R -11) COMPLETE - SDP PLAN REQUEST; SDP 3425 Radio Road — Plan review by Committee for Landscape Plans submitted for development. 11- 21 -06: This SDP Plan does not affect MSTU /MSTD plantings or irrigations. (R -15) - COMPLETE- Pavers for Foxfire Medians 9- 19 -06: Radio Road MSTU votes to install pavers at the median tips (bull -nose) for the West Median and East Median at Foxfire. 9- 19 -06: Staff request Quote from Bonness for the paver installation. 10- 10 -06: Staff receives quote from Bonness in the amount of $9,257.70, Request to Purchase submitted. 11 -6 -06: Begin Construction of project by Bonness, Inc. pavers to match existing specification. 11- 10 -06: Project Completed (R-18)- C OM PLE "FE -Radio Road Median Irrigation Conversion — Allamanda and Plumago Planting Beds to be converted from dripline system to irrigation spray heads on risers. 10- 17 -06: Committee approves of conversion based on 112 funding no motion necessary. Mike McGee advises Committee and Staff that conversion is necessary to ensure plant health. 10- 30 -06: Median irrigation conversion is progressing, irrigation mainline break is repaired during project. 1611 A 12 11 -6 -06: Project Complete; Inspection for Punch -List to follow Nov. 6 to 9 for proper operation (R -10) COMPLETE - SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans submitted for development. 9- 25 -06: Plans reviewed with ROW. Contractor has removed shrubs on County ROW and will be required to replace shrubs and damaged irrigation system. 10- 17 -06: Copy of Plans provided for Committee review. Landscaping found to be satisfactory. ( R— 17) - COMPLETE - Committee Chairman request for information regarding `loan' to MSTU 9- 19 -06: Radio Road MSTU Committee Chairman request staff provide a report on options available to the MSTU in so far as a `loan' or advancement of funds. (1) What is the maximum amount? (2) Is there any interest? (3) What is the amount of time allowed for repayment? 10- 17 -06: Staff provides answer as per discussion with Budget: (1) Maximum amount is determined by `Project Need' which would be after all cost considerations are identified. Review and approval by County Manager's Office/ County Attorney's Office Required; (2) Interest on loan would be negotiated through County Manager's Office and County Attorney; (3) Amount of time for repayment would be negotiated through County Manager's Office and County Attorney; Note: The advancement of funds requires Board of County Commissioner's approval. (R — 14) — COMPLETE — Request from TECM Engineer Dale Bathon — Phase Il Project item 9- 19 -06: Dale Bathon submits plans for a section of Phase It project (Livingston Rd. to Kings Way) for inclusion into Phase I project. 9- 19 -06: Radio Road MSTU Committee votes not to include Phase II item into Phase I project. (R -9) CANCELLED -Well Water Mitigation (Chemical Treatment of Well Water)- Cancelled- September 12, 2005: 8/16/05 committee cancelled project. Cost was determined to be excessive for annual maintenance of filtration system. (R — 8) — COMPLETE - Milage Rate ( .25 vs .50) - Dale Lewis requested for the history at the Budget (Carry Forward vs Audit— follow up meeting) with all the MSTU Chairman — 7 -17 -06 8- 22 -06: Sharon Newman's report is pending. 8- 25 -06: Norman Feder, Transportation Administrator accepts responsibility for the adjustment of the Millage Rate from .50 to .25 (during FY -04 to FY -05). The Radio Road MSTU Committee may vote to increase Millage back to .50 for the FY -08 Budget Request. Currently the Radio Road Project Funds are sufficient for current project demands. (R -7) - COMPLETE -Devonshire Maintenance (Fund 150)- Advanced Lawn Estimate 06 -191; On August 4, 2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced Lawn estimate for Devonshire Maintenance (Fund 150). Scope of project is stump grinding, Viburnum replacement and incidental irrigation repairs (included in quote, as per Frank Kip, owner) 8- 24 -06; Advanced Lawn Crews begin stump Grinding 8- 25 -06; Mike Luneke, Advanced Lawn confirms that stump grinding is at 100% completion. Staff to inspect. Advanced Lawn will finish planting of Viburnum by 8- 26 -06. 8- 31 -06: Project is complete (R — 6) - COMPLETE — Radio Road Maintenance (Fund 112) - Advanced Lawn Estimate 06-184,06-185, and 06 -186; On August 4, 2006, Committee reviewed items included in Advanced Lawn estimate for Radio Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation of mulch material, and installation of irrigation components. 8- 25 -06; Mike Luneke, Advanced Lawn confirms that project is at 100% completion. Staff to inspect. (R -5) COMPLETE - PROJECT TRANSFERRED TO CAT FUNDING -CAT Bus Shelter (R -4) - COMPLETE- Sod Refurbishment at median I Radio Road at Santa Barbara - COMPLETE - Advanced Lawn. 0 16 11 A 12 (R -3) - COMPLETE -Pump Repair -Radio Road- COMPLETE; Repair By County (R -2) - COMPLETE - Annual Maintenance Contract Bidding - July 28, 2005: NTP Contract 05 -3686 Part II, issued to Advanced Lawn Maintenance - Completed (R -1) COMPLETE - ARBORIST SERVICES CONTRACT; Committee requested McGee to provide quote for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04 -3614, Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per Committee Direction. 4- 17 -06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit for Committee Action) 5 -1 -06; Documentation for Request to Purchase submitted. PO is pending. 5- 15 -06: Project complete with Field Inspection pending 5 -30 -06 Inspection complete — contractor to perform additional final pruning late fall. 6- 27 -06: Final pruning in fall to be done 7 c N LO co �Za OW E J� (h co N O C I W M O n O r O GO to N O 0 N N w f N V N co r 00) -W N O O w w w .,WZ W:-z: m N M m f+I L)l w w w wjwqw w w b 0 In 0 o b 0 0c c 'p N N O u M W e ao M I ' 11'.1 r- MI IM], ln: a f0 7 a G W u. O N M 0 0 0 N O f0 0 O O O O M LL] M N 0) co co o 1 r of ' W M V) N [ O N V 1 L CO M r N N w w w fA w w to w w w w w w D .D O 1 — O J t1 /n ir) '13 !n `J) <A UN U fA (/) 1) U fn W v N U N lD {pa(p 'O U@ 0 0U c (O U U U¢ d N C N C V U J U C 0 C N N J W(L = W C fi J J .J J LL a U W 3 3 W 9 O 0 m o Z cc T N N W 0 V O 0! 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Phase I Median Improvements C/O (DEDUCTS) Project Location: Radio Rd. Project City, State: Naples, FL Phone: (239) 659 -5775 Fax: (239) 530 -6219 Engineer /Architect: McGee & Associates CHANGE ORDER CREDIT Item # Item Description Estimated Quantity Unit Unit Price Total Price CREDIT SOD 575 -1 -2 SOD (BAHIA) (BID FORM QUANITY) 8,671.00 SY ($1.92) ($16,648.32) 575 -1 -2 Sod (Bahia) (PLACED) 2,755.00 SY $1.92 $5,289.60 Total Price for above CREDIT SOD Items: Total Bid Price: Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner i Z�02A sa ACCEPTED: The above pric and hereby as Buyer Signature: Date of Acce( cewnawr: ieu janco ($11,358.72) ($11,358.72) 12/14/2007 8:34:37 AM Page 1 of 1 1611 A 12 1990 Seward Avenue Naples, Florida 34109 (239) 597 -6221 • (239) 597 -7416 Fax www.bonnessinc.com Proposal 11/29/2007 Submitted To: Collier County Alternative Transportation Modes Address: 2885 Horseshoe Dr. South Naples, FL 34104 Estimate Number: 15492007 Bid Title: Radio Rd. Phase I Median Improvements C/O (ADDS) Project Location: Radio Rd. Contact: Darryl Richard Project City, State: Naples, FL $51.65 Phone: (239) 659 -5775 Fax: (239) 530 -6219 Engineer /Architect: McGee & Associates CHANGE ORDER ADDS ASPH. CONCRETE BASE TYPE S -III (1" THICK) 1,124.00 SY Item # Item Description Estimated Quantity Unit Unit Price Total Price 331 -72 -20 ASPH. CONCRETE BASE TYPE S -III (1" THICK) EMBANKMENT ADDITIONAL CHARGES EMBANKMENT (PLACED) 1,062.00 CY $19.83 $21,059.46 120 -6 120 -6 EMBANKMENT(BID FORM QUANITY) 1,049.00 CY ($19.83) ($20,801.67) Total Price for above EMBANKMENT ADDITIONAL CHARGES Items: 285 -7 ASPH. CONCRETE BASE TYPE 3 (ABC -3, 9" THICK) 1,124.00 SY $51.65 (PLACED) 331 -72 -10 ASPH. CONCRETE BASE TYPE S -III (1" THICK) 1,124.00 SY $8.51 (PLACED) 331 -72 -20 ASPH. CONCRETE BASE TYPE S -III (1" THICK) 1,124.00 SY $12.90 (PLACED) 285 -7 ASPH. CONCRETE BASE TYPE 3 (ABC -3, 9" THICK) 877.00 SY ($51.65) (BID FORM QUANITY) 331 -72 -10 ASPH. CONCRETE BASE TYPE S -III (1" THICK) 877.00 SY ($8.51) (BID FORM QUANITY) 331 -72 -20 ASPH. CONCRETE BASE TYPE S -I (2" THICK) (BID 877.00 SY ($12.90) FORM QUANITY) Total Price for above ASPHALT ITEMS ADDITIONAL CHARGES Items: Total Bid Price: Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner $257.79 $58,054.60 $9,565.24 $14,499.60 ($45,297.05) ($7,463.27) ($11,313.30) $18,045.82 $18,303.61 12/14/2007 8:35:03 AM Page I of 2 BONNESS INC:. 1990 Seward Avenue Naples. Florida 34109 (239) 597 -6221 (239) 597 -7416 Fax www.bonnessinc.com ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Bonness Inc. and hereby accepted. Buyer Authorized Signature: Signature: Date of Acceptance: Estimator: Jeff Janco 12114/2007 8:35:03 AM Page 2 of 2 BON NESS INC. 1990 Seward Avenue Naples. Florida 34109 (239)597.6221 (239) 597.7416 Fax www.bonnessinc.com Proposal 12/14/2007 Submitted To: Collier County Alternative Transportation Modes Address: 2885 Horseshoe Dr. South Naples, FL 34104 Contact: Darryl Richard Phone: (239) 659 -5775 Fax: (239) 530 -6219 1611 A 12 Estimate Number: 16122007 Bid Title: Radio Road C/O Deducts Project Location: Radio Rd. Project City, State: Naples, FL Engineer /Architect: McGee & Associates Item # Item Description Estimated Quantity Unit Unit Price Total Price 01 Deduct- Variable Message Sign 120.00 DY ($60.55) ($7,266.00) 02 Deduct Valve Box Adjustment 9.00 EACH ($184.43) ($1,659.87) 03 Deduct- Utility Fixtures (Relocate) 17.00 LF ($994.77) ($16,911.09) 04 ADDITIONAL- Utility Pipe, 8" Irrigation Conduit 47.00 LF $37.84 $1,778.48 Total Price for above Items: ($24,058.48) Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer Signature: Date of Acceptance: CONFIRMED: Bonness Inc. Authorized U( Signature: Estimator: Jeff Janco 12/14/2007 8:28:35 AM Page 1 of 1 xa� 1990 Seward Avenue Naples, Florida 34109 (239) 597 -6221 • (239) 597 -7416 Fax www.bonnessinc.com Proposal 11/29/2007 Submitted To: Collier County Alternative Transportation Modes Address: 2885 Horseshoe Dr. South Naples, FL 34104 Contact: Darryl Richard Estimate Number: 15532007 1611 Al2 Bid Title: Radio Rd. Phase I Median Improvements C/O (HYDROSEED) Project Location: Radio Rd. Project City, State: Naples, FL Phone: (239) 659 -5775 Fax: (239) 530 -6219 Engineer /Architect: McGee & Associates CHANGE ORDER ADDS Item # Item Description Estimated Quantity Unit Unit Price Total Price 01 HYDROSEED 101,500.00 SF $0.050 $5,075.00 Total Price for above HYDROSEEDING Items: Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer Signature: Date of Acceptance: 12/11/2007 10:59:56 AM CONFIRMED: Bonness Inc. Authorized Signature: Estimator: Janco n� laJ liI �'7 $5,075.00 v Page 1 of 1 I Fiala Halas Henning Coyle Coletts _( OY t )T, 16 3 MAR; 18 2000 V"dadi ` 8&vA MAYA hoard n; CourPf Commissienels Advisory Gommlttee 2705 Horseshoe Drive South Naples, FL 34104 March 6, 2008 AGENDA 1. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: February 7, 2008 V. Transportation Services Report A. Budget Report — Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Maintenance Report - CLM VII. Old Business A. Review and discuss Public Meeting Final Agenda for March 10, 2008 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 7:00 PM, March 10, 2008 At ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL. Misc. Corres: Date: (',em #: I (f)] tc Fiala Halas - -- Henning — - - -- Coyle- Coletta 16 MAR 18 2GKU Vamdadiet &wA M.S.7.6L Advisory Committee 2705 Horseshoe Drive South Naples, FI, 34104 February 7, 2008 Summary of Minutes and Motions III. Approval of Agenda Add: IV.A.1. Utilities — Public Meeting 2. Review of Proposals for Survey & Consulting Services IX Election of Chair �cdr;i r;R:o�r�r Conirnissi ^,ners Charles Arthur moved to approve the agenda as amended. Second by Bruce Forman. Motion carried unanimously 4-0. IV. Approval of Minutes — January 3, 2008 It was announced that the Public meeting date has changed to March 10, 2008 from 7:00 — 9:00 p.m. Charles Arthur moved to approve the Minutes of January 3, 2008. Second by Bruce Forman. Motion carried unanimously 4-0. A. 2. Review of Proposal for Survey and Consulting Services — Darryl Richard it was noted the RWA itemized proposal in the amount of $124,000 was approved by FPL. Discussions ensued concerning inconsistencies in Contractor quotes. It was determined that the Biding Contractors required additional information to give competitive quotes. Bud Martin moved to give the Working Committee the approval to spend against the Survey Cost not to exceed $120,000. Second by Bruce Forman. Motion carried unanimously 4-0. VI. Transportation Services Report A. Caroline Soto requested approval to open a P.O. for St. JOHNS in the amount of $300.00 for the March 10, 2008 Meeting It was noted that St. JOHNS has waived the monthly rental fee. Charles Arthur moved to approve $300.00 (to St. Johns.) Second by Misc. Corres, Bruce Forman. Motion carried unanimously 4-0. Date: M ;off �s to "11 A 13 V. New Business Election of Chair Charles Arthur nominated Dick Lydon for Chairman. No other Nominations from the floor. Nominations were closed & Dick Lydon is the Chairman. I'll A 13 V"derSiet $wS M.S.TAO Advisory GroomrNittee 2705 Horseshoe DnVe South Naples, FL 34104 February 7, 2008 MINUTES The meeting was called to order by Dick Lydon at 1:55 P.M. Attendance Members: Bud Martin, Dick Lydon, Charles Arthur, Bruce Forman County: Darryl Richard — MSTU Project Manager, Caroline Soto — Budget Analyst, Diane Flagg — Director Alternative Transportation, Connie Deane Others: Jim Fritchey — CLM, Darlene Lafferty — Mancan, Bill Gunnering, Lew Schmidt, Dyrel Delaney, Jackie Bammel Ill. Approval of Agenda Add. W.A. 1. Utilities — Public Meeting 2. Review of Proposals for Survey & Consulting Services IX. Election of Chair Charles Arthur moved to approve the agenda as amended. Second by Bruce Forman. Motion carried unanimously 40. IV. Approval of Minutes — January 3, 2008 It was announced that the Public meeting date has changed to March 10, 2008 from 7:00 — 9:00 p.m. Charles Arthur moved to approve the Minutes of January 3, 2008. Second by Bruce Forman. Motion carried unanimously 40. A. Utilities 1. Public Meeting — Charles Arthur distributed and reviewed the Agenda for the March 10, 2008 Public meeting. (See attached) It was stated the purpose of the Public meeting is to inform the Community. He summarized the following: ► Homeowner must have power within 6 months of final installation of the lines to procure the 25% discount P. The suggestion was made to request an Ordinance which would ensure participation from all homeowners ► To ease the conversion & reduce cost the MSTU would have dedicated Contractors 16/1 A 1 P. Inquiry "if' homeowners could be billed in installments by FPL or the County for the conversion cost ► FPL estimate for Homeowner cost $2000 - $2500 (only applicable to homes with an overhead connection) ► Use of an Independent County Contractor for dredging "could' reduce cost Connie Deane distributed and assisted with a checklist for the Public meeting - 1. It was agreed the Public Announcement heading would read "Vanderbilt MSTU Underground Utility Lines informational meeting" 2. Date: March 10, 2008 at 7:00 — 9:00 p.m. 3. Location: ST. JOHNS PARISH LIFE CENTER, 625 111T" Ave. Naples, FL 4. Minutes will be required as this is a Public Meeting Discussions ensued and agreed that an Engineering Consultant with Utility Line burial expertise would be hired. It was noted there are two qualified candidates for review. Discussions continued and determined the deadline for the Announcement mailing is February 28, 2008. Discussions continued and the following requests were made: ➢ Flashing signs and barricades be positioned in the area - It was stated that a diagram would be provided for the location of signs and barricades ➢ FPL Handouts — If available (at no additional cost to MSTU) ➢ Power Point Presentation — Charles Arthur and Grover Whidden ➢ Press release - It was agreed that a News Release, posting on the County Website, and an email blast to the Vanderbilt residents would take place It was stated Charles Arthur, Darryl Richard, and Connie Deane would meet next week to draft the Announcement letter and create the Power Point presentation. Charles Arthur reported that during a meeting with FPL the question was raised if a line would be buried under the waterway at the Vanderbilt Canal. The estimated cost was $100,000 — $150,000. The burial was the recommended method versus in the air. It was also suggested to have the overhead home lines installed prior to the Project startup. Discussions ensued referencing the Survey and who is responsible for payment. Dick Lydon stated it was the Counties responsibility according to the contract. 2 1611 Al Diane Flagg responded that it was the Counties responsibility for the ROW Agreement only. (See attached) She stated the Survey can be submitted for Board of County Commissioner approval of payment. Noted the Survey was not included in the Budget. Darryl Richard stated that quotes were received ranging from $25,000 - $63,000 for Phase I. Discussions continued and it was agreed that the Vanderbilt MSTU would pay for the Survey and request reimbursement from the Board of County Commissioners in order to keep the Project moving forward. It was noted that a portion of the Survey cost should be contributed by the County as they are receiving benefit. 2. Review of Proposal for Survey and Consulting Services — Darryl Richard distributed Contractor quotes. (See attached) Discussions ensued and it was noted the RWA itemized proposal in the amount of $124,000 was approved by FPL. Discussions continued and the inconsistency in the quotes was questioned. It was determined that distribution of the approved FPL itemized list is essential to receiving competitive Contractor bids. Bud Martin moved to give the Working Committee the approval to spend against the Survey Cost not to exceed $120,000. Second by Bruce Forman. Motion carried unanimously 40. Lew Schmidt questioned the above motion and the approval of 1 Board Member to spend MSTU funds. It was noted that this is an advertised meeting and the Committee made the decision to spend up to 120,000 for the survey. V. Transportation Services Report A. Budget Report— Caroline Soto distributed and reviewed. (See attached) • Remaining Improvements General $3,770,900.00 • Requested approval to open a P.O. for St. JOHNS in the amount of $300.00 for the March 10, 2008 Meeting It was noted that St. JOHNS has waived the monthly rental fee. Charles Arthur moved to approve $300.00 (to St. Johns.) Second by Bruce Forman. Motion carried unanimously 40. B. Project Manager Report— Darryl Richard distributed and reviewed (See attached) Previously discussed IV A. VI. Landscape Maintenance Report - CLM Jim Fritchey reported: • Issues with Bermuda grass in the Turf • Fertilization compete • Completed Irrigation repairs 16/1 A 13 Dick Lydon questioned if the dying Ixora have been with different plant material. Jim Fritchey responded that they would be changed. VII. Old Business — None VIII. Working Group Update's A. Utilities — Charles Arthur — Previously discussed IV. A. B. Maintenance — Bruce Forman — reported at Seagull & Vanderbilt damaged plants caused by turning vehicles Jim Fritchey responded that they would remove and replant closer inland. C. Tax Analysis — Bud Martin — None D. Liaison — Dick Lydon — None IX. New Business Election of Chair Charles Arthur nominated Dick Lydon for Chairman. No other Nominations from the floor. Nominations were closed and Dick Lydon is the Chairman. Dick Lydon inquired about entry at Vanderbilt and Bluebill that has been without lighting for 5 months. He noted that the agreement was that the County would be responsible for the maintenance. Discussions ensued and it was agreed that CLM would maintain the light bulbs at the entry and Parks and Recreation would be billed for the service. Bud Martin stated he truly appreciates the efforts from the Underground Utility Working Group. Dick Lydon commended the Working Group on their fine efforts. X. Public Comment— It was announced that Bill Gunnering and Dyrel Delaney would be applying for the MSTU Board vacancy. Lew Schmidt reaffirmed his interest in serving on a Working Group. XI. There being no further business for the good of the County, the meeting was adjourned at 3:40 P.M. Vanderbilt Beach MSTU Advisory C m 'ttee i Dick Lydon, dWairman B 1611 A 1 These minutes approved by the Committee on 0 as presented 7i or amended The next is scheduled for 2:00 P.M., March 6, 2008 at ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL 1611 A 13 uattrone & Engineers, Planners & Development Consultants 1 1000 Metro Parkway, Suite 30 • Fort Myers, Florida 33966 Tel: (239) 936 -5222 • Fax: (239) 936 -7228 February 6, 2008 Mr. Richard Darryl, RLA, MSTU Project Manager, CAT Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 darrylrichard(o)colliergov net RE: Project Management Oversight Services — Collier County Contract 05 -3657 Vanderbilt Beach MSTU Underground Power Conversion Project Dear Mr. Darryl: Quattrone & Associates, Inc., (herein referred to as Consultant) is pleased to present this Scope of Services Proposal to Collier County for the above - mentioned project. The work will be performed in accordance with Contract #05 -3657 entitled 'Project Management Oversight Services'. Due to the nature of the work, we feel it would be in the best interest of the County and our firm to base the contract on a Time and Materials basis with an estimation of hours necessary to complete each task on a weekly basis during the life of the project. Quattrone & Associates' staff which includes three licensed engineers has over 80 years of combined experience in both public and private sector projects, managing projects of all sizes and coordination with a multitude of utility companies. On an annual basis our firm design, permits and manages nearly 100 projects ranging in size from I acre to 100+ acres and is recognized for our ability to complete projects on time and within budget. Our success is driven by how all of our projects are managed within the company. Each project is assigned a very experienced project manager based on the type of work, which in this case we anticipate to be Ehab Guirguis. In addition, as principal -in -charge I maintain an active role in each project and attend with the project manager all key design and progress meetings. Our senior project engineer, Jim Ottensman typically serves the role of providing our own internal project management oversight for all projects. His wealth of knowledge from working many years in both the public and private sector gives him the ability to took at each project from many different perspectives and to ensure projects are moving in the right direction. Below is an expanded scope of services based on the Information provided to us about the project In addition we have prepared a table of anticipated hours necessary for each week through completion of the project. We would also like to point out that although not figured into the table below; our team also Page 1 of 3 1611 A 13 includes other consultants to assist with surveying, geotechnical, structural, and real estate appraisal services. SCOPE OF SERVICES: Task I. Initial Project Management Services: A. FPL Engineering Report Review: Review the engineering report prepared by FPL to obtain a thorough understanding of the scope of the project as determined by FPL. B. Technical Evaluation: Review the proposed plans and specifications that will be prepared by FPL for the utility relocation. C. Preparation of Contract Documents: Coordinate with Staff and FPL to prepared additional contract documents that may be necessary to complete the project. D. FPL ROW Agreement: Review the agreement between FPL and the Vanderbilt Beach Beautification Municipal Service Taxing Unit (Collier County BOCC) as well as any other agreements that may be prepared before or during the course of the project. E. Field Investigation of Project Site: Conduct a site inspection of the project area to identify problem areas that may be discussed in the FPL engineering report and to try to identify any Other potential issues that may result during the project. The field review will include a summary report with photos and /or video of the project area with emphasis on potential problem areas. Task 2. Project Planning Services: A. Project Planning: Assist County Staff with developing a project schedule and identifying responsibilities of the various people and /or agencies involved in the project. B. Budgeting: Assist County Staff in preparing a budget of the work the County is responsible for completing as identified in the list of 'Non -FPL Responsibilities'. Task 3. Daily Project Management Services: A. Staff Coordination: Assist County Staff with day to day management aspects of the project while keeping the Alternative Transportation Modes (ATM) Department integrated in the decision making process. Quattrone & Associates will keep open dialogue with staff as issues may occur followed up with a written (typically through the form of emails) description of the issue(s) along with the proposed resolution. B. Project Status Reporting: Prepare weekly email updates of the status of the project along with monthly hardcopy reports which will summarize the status of the project, identify issues which have arisen during the reporting period, and will include copies of all emails between County Staff, FPL Staff, Quattrone Staff, private residents, and other parties involved. C. Reviewing Documents: Review of documents, submittals, pay requests, etc. that are presented during the course of the project. Assist staff and make recommendations during the course of the project as issues arise. Page 2 of 3 I'll A 13 Task 4. On -Call Services: A. Monthly MSTU Meetings: Attend all regularly scheduled Vanderbilt MSTU Monthly Meetings. B. Staff Meetings: Attend meetings with staff both onsite and in the office as the need occurs during the course of the project. Task S. Additional Services: Perform additional services as requested by various departments as the need arises. We look forward to continuing our working relationship with Collier County. If you have any questions regarding this scope of services please call. Sincerely, QUAT,U TES, INC. Page 3 of 3 r y O U O LL LL W Y O LL O ui F Q LU W w VN_ O Iw/ 0 Q O � N N w C r O q 9 p l d LL a i � E a � w 3 U u aM C t O U e 3 � o o. e g i o � w `u a c Vl s L A m s v c o j U u v o` 0 E o Z 0 1611 A 13 r r e$e� a N N p w w w a a 0 w w w z O O w w < a s F w w a O O LL w Q a w J F O s a a_ Su° y An employee -owned company February 6, 2008 1611 A 13 iog Mr. Darryl Richard, RLA MSTU Project Manager rrar'spot#adon Department of Alternative Transportation Modes Services Division 2885 Horseshoe Drive South Naples, Florida 34104 RE: Vanderbilt MSTU Underground Power Conversion Project Dear Mr. Richard: PBS &J's extensive experience in project management and overhead /underground primary power distribution will allow us to provide the best possible service to the Vanderbilt Beach MSTU. PBS &J has assembled a strong project team for this assignment with extensive experience in the required disciplines. While our size allows us to offer our clients the resources of a large firm, our network of local offices, specifically the Fort Myers office, allows us to provide the personal services and local knowledge that small firms typically provide. We believe the following factors make our team well - qualified to carry out this project: • Experienced and qualified management and technical staff who have a strong understanding of, and a proven background in project management and power distribution. • The management tools to monitor and coordinate the project team's activities in the implementation of multiple project tasks or assignments. • A strong commitment from PBS &J's corporate management to provide, on a continuing basis, the resources necessary to ensure a successful project. We have enclosed our man -hours and fees necessary to support the county in managing the underground power conversion. Our objective is the assist the county in moving the project forward and further defining the full scope of the project requirements. Defining these requirements will enable effective and efficient allocation of project funding. Our man -hours and fees currently exclude plan development and easement preparation. Following the identification of all project requirements, we will provide a detailed description of hours and fees necessary to successfully complete the design phase of the project. We appreciate your consideration of PBS &J for this assignment and look forward to a mutually successful working relationship. If you need any further information, please contact me at your convenience. Respec5l submitted, Nathan West, PE Southwest Florida Roadway Design Manager 1514 Broadway, Suite 203 Fort Myers, Florida 33901 Phone: 239- 334 -7275 1514 Broadway • Suite 203 • Fort Myers, Florida 33901 • Telephone 239.334.7275 • Fax 239.334.7277 • www.pbsj.com 1611 A 13 Project Management & Oversight Services for Vanderbilt Beach MSTU Underground Power Conversion Project PBS &J is pleased to provide a scope of services for project management and oversight services for the Vanderbilt Beach MSTU electric conversion. The intention of this work assignment is to provide project management and oversight services to the county. In accordance with Collier County Contract Number 05 -3657 "Project Management & Oversight Services" the following pre - construction services is presented for: 1) Project Management 2) Utility Coordination, and 3) Legal Descriptions. KEY PERSONNEL The PBS &J team organization is designed to facilitate rapid decision making and clear communications, authority, responsibility, and accountability. Nathan West, PE, is the project manager for the Project Management and Oversight services contract #05 -3657. He will serve as the single point -of- contact for all contractual issues and has complete authority and accountability for the performance of all assigned work. Michael Ryan will serve as the task manager for the Vanderbilt Beach MSTU Underground Power Conversion project and will be responsible for personnel, task assignments, budget and schedule, progress review and quality control. Pedro Trevin, PE, Edwin Goodwin, PE, and James Srubar, PE, are experienced professionals with regards to high- voltage power distribution and they will provide their expertise as required throughout the process. James Godfrey, PLS, will be available to support additional survey requests in order to expedite ROW and easement identification. Resumes representing the qualifications of all team members have been included. SCOPE OF SERVICES Pre - Construction Design Services PBS &J will monitor /coordinate on the progress of FPL during the design phase to help assure that the project is completed to meet the requirements of the County. The project shall include converting existing overhead electric facilities to underground facilities — including transformers, switch cabinets and other appurtenant facilities as well as relocating existing underground facilities currently within the road right -of way. The Vanderbilt MSTU area includes the property lying westerly of the centerline of Vanderbilt Drive from Vanderbilt Beach Road north to the centerline of the Little Horse Pass Bridge, then westerly along the meander line of the Cocohatchee River until it meets the Gulf of Mexico. 1611 A 13 Project Management • Meet with the County's project manager to identify key County personnel associated with the project and establish communication procedures. • Assist the county staff with day to day management aspects for the project while keeping ATM Department integrated in the decision making process. • Provide 12 months of on -call services for the project to include attendance at all regular Vanderbilt MSTU meetings held the I" Thursday of each month. • Maintain an active role with both FP &L and Collier County in order to enhance communication and expedite design completion. • Assist with project planning, budgeting, reviewing documents and making recommendations. • Perform technical evaluations, field investigations, identify needs for preparation of contract documents and/or reports, and attend meetings as required. • PBS &J has estimated our fee for the above effort of this Scope of Services to only include coordination with the county during the early months of this phase in order to more accurately identify the plans preparation requirements for the relocation of utilities and preparation of easements with the project limits. This coordination effort will further define the project requirements and provide the county with more accurate man hours and fee for this effort, resulting in cost savings to the county. Utility Coordination PBS &J will coordinate with third -party utility companies (i.e. Embarq and Comcast) and coordinate the relocation of utilities currently sharing overhead power poles. Coordination will include promoting a joint design for converting all utilities within the same time frame and location as the electrical facilities. Legal Descriptions As stated in Project Management Task of the Scope of Services, PBS &J will review the ROW survey provided by the county and determine any additional property is required. PBS &J will coordinate and accomplish the work to secure the necessary easements across the 12 miles of roadway included within the limits of construction. PBS &J will provide man hours and fee for easement preparation upon completion of refinement of work effort. DESCRIPTION OF OPTIONAL SERVICES — To Be Negotiated Upon Request Construction Engineering and Inspection Services Construction • Meet with the contractor to identify key personnel associated with the project. • Set up a pre - construction meeting to coordinate and communicate project expectations and concerns between the county, contractor, and utility companies. 1611 A13 • Implement a proactive project management program that facilitates the contractor's delivery of a quality project and provide responsive construction contract administration services that will ensure the contractor's adherence to the construction contract. • Effectively communicate construction progress, issues, and corrective actions to the county's project manager. • Minimize contract and construction delays through anticipation and early detection. • Evaluate conflicts accurately and thoroughly to provide fair and equitable solutions. • Maintain a responsive, effective, positive public information program, and project a positive public image. • Provide an accurate history and timeline of the project through daily documentation of the contractor's construction activities, changed conditions, conflicts, and site - conditions. • Provide and/or coordinate construction testing services. • Monitor construction progress and ensure that the contractor's materials, labor, equipment, means, and methods are adequate and in compliance with the project - specifications. • Monitor the contractor's compliance with the contract documents and jurisdictional permitting agency requirements. • Minimize the impact of construction on traffic flow for all users by aggressively enforcing the maintenance of traffic (MOT) plan. • Perform incidental surveys to verify that the project is being constructed in conformance with the plans. Post - Construction • Conduct a final site inspection to verify that work has been constructed in accordance with the construction documents. • Review construction closeout documents, record drawings, spare parts, and warranties delivered by the contractor for contract compliance. • Initiate jurisdictional permitting agencies' closeout procedures. • Prepare a recommendation for the County regarding the disposition of final acceptance based on project completion and the final site inspection. In addition to construction engineering and inspection services, PBS &J has experienced personnel to accomplish additional services at the request of the County. ASSUMPTIONS • The county will provide a current survey detailing property lines and rights -of -way. • Project Manager will attend the MSTU meeting once a month for the duration of the design plus meeting once a month with the county Project Manager. • Permitting will be accomplished by a third party. O O N V O m O =) 0 r N � C L C U J tU O U `OI .. N d C N � 3 O CL N m [0 C N U N O n D Cn 'O i0 U Z f0 `o m n a N 0 0 0 0 C j O o 0 0 0 0C 76 N r R O C O N m t0 V M aD N i O O C? m m 0 d N tO0 N 'T 0I Vi fR fA LL lH 1 0 0 0 0 0 C O N m of 7 ao 0 O CD N C � p N N a0 W c '�cnoNa O >O O N N Z to O N L C O O O N C 0 N � O CO N � O O co L C O j R 0 O co fn C O N N J a W C O W O Y U N E p c m o c'o ro a- < U) r 0 C O N N v J 0 O N N W O (O (0 N 't a W O N N a N' Ny G C!illf . O O N u •�� o N .9tp� N X16.`. C N l0 t0 (n ) U c c d s � c m m U a0 r N C V C E O C a :again C N L C C L 0 O C n E E a N N N C J 0 E= JO 2 W (ov Q II N N II r CI N O E 3 O L O N L l0 L lJ N 0 O C c N `O E O m n m o O N a O m N — m c m N `N- O d uvi U + N c C + N � N N j N N O O m a�xu, aa�L � IN II a N_ 0 L > � N w tf ¢�30 * ar Y * C U N C N N �N -o N J x °LL x° C C C C O O O O a 0 0 a N N N N m V N N mm mm N � o a O O O c�mtq Ul C U L W m d m m ? U r n U C 80 c o E c a`.a¢cn 1611 A Eve 0 0 0 0 0 O o 0 0 0 0C C N O V t0 V M aD N O O C? m Vi fR fA fA lH 1 0 0 0 0 of J p N N a0 W c '�cnoNa N L C O O N C N � � N � O j R d co fn C t0 C W O Y U N E p c m o c'o a a- < U) r 1611 A Eve 16 i 1 PXe1of1 13 sillery_t From: Richard Darryl Sent: Wednesday, February 06, 2008 10:39 AM To: (fbayview @aol.com); bud_martin @comcast.net; ccarthur @earthlink.net; dlydon124 @aol.com Cc: sillery_t; flagg_d Subject: 2 -5 -08 RWA proposal for'base' level of services Importance: High Attachments: 2 -5 -08 RWA PROPOSAL.pdf All, RWA has provided an additional proposal for review /approval which is for a 'base' level of services. This proposal dated 2 -5 -08 is streamlined to include only those items specifically requested by FPL and contained in the'ROW Agreement' (Exhibit B). Note: Additional services may be required per contract rate for additional 'pot - holing' and /or'ground penetrating radar' for utility locates should FPL require additional utility information. (Keep in mind that the MSTU will also require utility information in order to bury the existing Comcast, Embark, etc. (non -FPL utilities)) Please review in advance of Thursday's meeting. Thank you, Darryl Richard, RLA, MSTU Project Manager, CAT Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239- 530 -6219 Cell: 239 - 253 -9083 darryllrichard colliercov,net 2/7/2008 16 {1 A 13 February 5, 2008 Darryl Richard Collier County Government Transportation Department 2885 South Horseshoe Drive Naples, FL 34104 Subject: Professional Service Proposal for Vanderbilt Beach MSTU — Phase I (RWA, Inc. File No. 080010.00.00) Dear Darryl, RWA, Inc. is pleased to submit the following proposal for land surveying services associated with the redesign of the existing FPL aerial lines. Outlined below is our understanding of the project profile and the assumptions we have used to develop our scope and associated fees in response to your request for proposal. PROJECT PROFILE • Collier County (Client) intends to assist the MSTU with the redesign of the existing FPL aerial lines located within the MSTU boundary in Section 29, Township 48 South, Range 25 East in Collier County, Florida. • The Client has issued a request for proposal including a preliminary scope of services, and has asked the consultant to provide a proposal by February 6, 2008. • RWA will provide a detailed topographic and control survey of Phase 1, as depicted on the Vanderbilt Beach MSTU powerline- underground installation exhibit, received on January 4, 2008. The surveying limits are 10' outside of the existing right -of -way of Gulfshore Drive South, from the South right -of -way line of Vanderbilt Beach Road to the North right -of -way line of Bluebill Avenue, Gulfshore Court from Vanderbilt Beach Road to South Bay Drive and South Bay Drive to Vanderbilt Beach Road. • The Client desires to retain the services of RWA, Inc. (Consultant) and proceed with the Project as described within this proposal. • The project will be permitted, designed and developed in four phases. 1611 A13 PROJECT ASSUMPTIONS • The client will make available all pertinent information associated with the project including, but not limited to, legal descriptions, existing surveys, permits, title policies and other available documents. • The vertical datum will be collected in NAVD 1988 and converted to NGVD 1929. • The surveying services will be completed and delivered within 90 business days after receiving an executed contract along with a Notice to Proceed and the marking of the existing utilities by Sunshine One Call. • All the additional surveying services will be billed on a time, material and expense basis as per the approved rate codes stated within Annual Contract # 07 -4112. • The surveying services outlined in the proposal is based upon the FPL scope of services received on January 10, 2008. • This proposal includes performing all services described within on a one -time basis. SCOPE OF SERVICES 1.0 Control Survey 1.1. Reproduce the recorded right -of -way and baseline information. Right -ot -way snail include the intersecting road within the project limits. The right -of -way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: a. Horizontal datum — tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for the survey baseline control points instead of setting reference points. b. Vertical datum (benchmarks) — 1988 (NAVD 88), set eight per project area. C. Existing layout shall be tied to the existing right -of -way. d. Locate existing visible property markers (e.g. — iron pipe, stone bound) e. Tie buildings located within 20' of the proposed limits of the project to the existing right -of -way. 1.2. Property ownership shall be determined from Collier County records and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible property markers, wherever possible. The MSTU will provide or make available to the surveyor the identifying property owner information and easement report upon request. Page 2 of 5 5:\2008\080010.00.PO Vanderbilt Beach MS' M00\PSA •D.Richmd- 02 -05 -08- Revl.doc 1611 A 1. 2.0 Tnno¢ra ey 2.1. Locate and collect spot elevations of the above - ground visible improvements located within the project limits. 2.2. Locate individual trees 4" in diameter and up. 2.3. Locate the outline of hedgerows and planted areas. 2.4. Collect sanitary and storm structure data; rim elevations, inverts, pipe sizes directions and condition. 3.0 r indereround Utility Location 3.1. The surveyor will show all above ground utility structures and will coordinate with Sunshine one Call and local utility providers to flag the existing under ground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the flagging of the existing under ground utilities are the responsibility of the client. 3.2. RWA, Inc. will field locate underground utilities, as marked l l the field by Sunshine One Call. The utility locations will include the horizontal locations of all marked lines. 4.0 Sketch and Description 4.1. Prepare sketch and legal description of the existing ri ght -of- -way to be occupied by the FPL underground facility as required in the County right -of -way agreement for underground conversion dated December 11, 2007. 5.0 Reimbursable Expenses 5.1. Expenses for blueprints, reproduction services, overnight or express delivery services, and vehicle mileage, shall be reimbursable to RWA, Inc. Page 3 of 5 5:\2008\080010.00.PO VmdcMt Beach MSTU \00\PSA.D.RichW- 02 -05 -08- Revl.dOC 1611 A.13 PROFESSIONAL SERVICE FEES The professional service fee estimates for the associated scope of services are listed below. Scope of Services Fee TvDe 1.0 Control Survey $20,000 Fixed 2.0 Topographic Survey $23,000 Fixed 3.0 Underground Utility Location $18,000 Fixed 4.0 Sketch and Descriptions 2,500 Fixed Total $63,500 5.0 Reimbursable Expenses $ 1,000 T/M/E Note. T/M/E denotes Tine, Material and Expense billing category. Stated Fee is an estimate only, client will only be billed for actual hourly costs related to individual surveying services. Deliverables • RWA will submit an Autocad Version 9 or higher electronic file in DWG format as required by FPL. • The final control survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System -based network, to assure an error -free or closed control network. Relative error or loop closure will conform to requirements of subsection 61G17- 6.003(1) (e), FAC. All control points will be referenced to the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. • Up to four copies of the final control survey will be provided in hard copy print, signed and sealed by a Florida registered Surveyor and Mapper. Excluded Services The professional services to be provided by the Consultant are limited to those described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services that may be required or desired by the Client: • Construction Layout Services • Special Purpose Surveys • Preparation of Sketch and Descriptions • Subsurface Utility Locates • Easement Vacations • Vacuum Excavation Page 4 of 5 S:UO0 810 80 0 1 0.00.PO Vanderbilt Beach MSTUAOO\PSA- D.Richad -02 -05.09- Revl.doc 1611 A 1.3 ACCEPTANCE AND AUTHORIZATION TO PROCEED Period for Acceptance This Proposal/Agreement is open for acceptance by Client through February 30, 2008. After the acceptance date, the proposal may be withdrawn or subject to modification by RWA, Inc. Acceptance If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please sign one copy of this agreement in the space provided and return it to RWA, Inc. as authorization to proceed with the work. Owner /Client Authorization I hereby certify that the undersigned is the Agent to the Owner of the property that is the subject of this proposal. I hereby certify that the undersigned has the authorizing authority to execute this contract for professional services. I hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the attached Standard Business Terms and Conditions and Rate Code and Fee Schedule of RWA, Inc. Accepted this _day of 12008. 0 Please Print Name Title For: Collier County Transportation Thank you for the opportunity to submit this professional service proposal. Please call if you have any questions. We will look forward to hearing back from you soon. Sincerely, Roger G. Carter, PSM RWA, Inc. Senior Vice President Business Unit Leader End: Collier County Rate Code Billing Address Information 5:U008\080010.00.1`0 Vanderbilt Beach MS 'MO"SA- D.Ridwd- 02 -05-08-Ra l.doc sillery_t Page 1 of 1 1611 A13 From: RichardDarryl Sent: Wednesday, February 06, 2008 10:39 AM To: (fbayview@aol.com); bud_martin @comcast.net; ccarthur@earthlink.net; dlydon124 @aol.com Cc: sillery_t; flagg_d Subject: 2 -5 -08 RWA proposal for'base' level of services Importance: High Attachments: 2 -5 -08 RWA PROPOSAL.pdf All, RWA has provided an additional proposal for review /approval which is for a 'base' level of services. This proposal dated 2 -5 -08 is streamlined to include only those items specifically requested by FPL and contained in the 'ROW Agreement' (Exhibit B). Note: Additional services may be required per contract rate for additional 'pot - holing' and /or'ground penetrating radar' for utility locates should FPL require additional utility information. (Keep in mind that the MSTU will also require utility information in order to bury the existing Comcast, Embark, etc. (non -FPL utilities)) Please review in advance of Thursday's meeting. Thank you, Darryl Richard, RLA, MSTU Project Manager, CAT Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239 - 530 -6219 Cell: 239 - 253 -9083 d_ arryl richard @collie go_v. net 2/7/2008 1611 A 1 February 5, 2008 Darryl Richard Collier County Government Transportation Department 2885 South Horseshoe Drive Naples, FL 34104 Subject: Professional Service Proposal for Vanderbilt Beach MSTU — Phase I (RWA, Inc. File No. 080010.00.00) Dear Darryl, RWA, Inc. is pleased to submit the following proposal for land surveying services associated with the redesign of the existing FPL aerial lines. Outlined below is our understanding of the project profile and the assumptions we have used to develop our scope and associated fees in response to your request for proposal. PROJECT PROFILE • Collier County (Client) intends to assist the MSTU with the redesign of the existing FPL aerial lines located within the MSTU boundary in Section 29, Township 48 South, Range 25 East in Collier County, Florida. • The Client has issued a request for proposal including a preliminary scope of services, and has asked the consultant to provide a proposal by February 6, 2008. • RWA will provide a detailed topographic and control survey of Phase 1, as depicted on the Vanderbilt Beach MSTU powerline - underground installation exhibit, received on January 4, 2008. The surveying limits are 10' outside of the existing right -of -way of Gulfshore Drive South, from the South right -of -way line of Vanderbilt Beach Road to the North right -of -way line of Bluebill Avenue, Gulfshore Court from Vanderbilt Beach Road to South Bay Drive and South Bay Drive to Vanderbilt Beach Road. • The Client desires to retain the services of RWA, Inc. (Consultant) and proceed with the Project as described within this proposal. • The project will be permitted, designed and developed in four phases. 161 A 13 PROJECT ASSUMPTIONS • The client will make available all pertinent information associated with the project including, but not limited to, legal descriptions, existing surveys, permits, title policies and other available documents. • The vertical datum will be collected in NAVD 1988 and converted to NGVD 1929. • The surveying services will be completed and delivered within 90 business days after receiving an executed contract along with a Notice to Proceed and the marking of the existing utilities by Sunshine One Call. • All the additional surveying services will be billed on a time, material and expense basis as per the approved rate codes stated within Annual Contract # 07 -4112. • The surveying services outlined in the proposal is based upon the FPL scope of services received on January 10, 2008. • This proposal includes performing all services described within on a one -time basis. SCOPE OF SERVICES 1.0 Control Survey 1.1. Reproduce the recorded right -of -way and baseline information. Right -of -way shall include the intersecting road within the project limits. The right -of -way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: a. Horizontal datum — tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for the survey baseline control points instead of setting reference points. b. Vertical datum (benchmarks) — 1988 (NAVD 88), set eight per project area. c. Existing layout shall be tied to the existing right -of -way. d. Locate existing visible property markers (e.g. — iron pipe, stone bound) e. Tie buildings located within 20' of the proposed limits of the project to the existing right -of -way. 1.2. Property ownership shall be determined from Collier County records and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall he verified utilizing any visible property markers, wherever possible. The MSTU will provide or make available to the surveyor the identifying property owner information and easement report upon request. Page 2 of 5 SA2008\080010.00.PO Vanderbilt Beach MSTLT\00 \PSA- D.Riche'd- 02 -05 -08-Re l.doc 2.0 3.0 4.0 5.0 Topographic Survey Locate and collect spot elevations of the above - ground visible improvements located within the project limits. 2.1 1611 A 13 2.2. Locate individual trees 4" in diameter and up. 23. Locate the outline of hedgerows and planted areas. 2.4. Collect sanitary and storm structure data; rim elevations, inverts, pipe sizes directions and condition. r Tndrrmnpnd Utility Location 3.1. The surveyor will show all above ground utility structures and will coordinate with Sunshine One Call and local utility providers to flag the existing under ground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the flagging of the existing under ground utilities are the responsibility of the client. 3.2. RWA, Inc. will field locate underground utilities, as marked in the field by Sunshine One Call. The utility locations will include the horizontal locations of all marked lines. Sketch and Description 4.1. Prepare sketch and legal description of the existing right -of -way to be occupied by the FPL underground facility as required in the County right -of -way agreement for underground conversion dated December 11, 2007. Reimbursable Expenses Expenses for blueprints, reproduction services, overnight or express delivery services, and vehicle mileage, shall be reimbursable to RWA, Inc. 5.1. Page 3 of 5 S:\2008\080010.00.PO Vanderbilt Beech MSTU\00\PSA- D.Richud- 02 -05 -08- Revl.doc 1611 A 13 The professional service fee estimates for the associated scope of services are listed below. Scope of Services Fee 7 e 1.0 Control Survey $20,000 Fixed 2.0 Topographic Survey $23,000 Fixed 3.0 Underground Utility Location $18,000 Fixed 4.0 Sketch and Descriptions 2,500 Fixed Total $63,500 5.0 Reimbursable Expenses $ 1,000 T/M/E Note. T/M/E denotes Time, Material and Expense billing category. Stated Fee is an estimate only, client will only be billed for actual hourly costs related to individual surveying services. Deliverables • RWA will submit an Autocad Version 9 or higher electronic file in DWG format as required by FPL. • The final control survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System -based network, to assure an error -free or closed control network. Relative error or loop closure will conform to requirements of subsection 61G17- 6.003(1) (e), FAC. All control points will be referenced to the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. • Up to four copies of the final control survey will be provided in hard copy print, signed and sealed by a Florida registered Surveyor and Mapper. Excluded Services The professional services to be provided by the Consultant are limited to those described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services that may be required or desired by the Client: • Construction Layout Services • Special Purpose Surveys • Preparation of Sketch and Descriptions • Subsurface Utility Locates • Easement Vacations • Vacuum Excavation Page 4 of 5 S:12008\080010.00.PO Vanderbilt Beach MSTU\ 00\PSA- D.Richad -02- 05 -08- Revl.doc 1611 A13 ACCEPTANCE AND AUTHORIZATION TO PROCEED Period for Acceptance This Proposal/Agreement is open for acceptance by Client through February 30, 2008. After the acceptance date, the proposal may be withdrawn or subject to modification by RWA, Inc. Acceptance If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please sign one copy of this agreement in the space provided and return it to RWA, Inc. as authorization to proceed with the work. Ownerirliem Authorization I hereby certify that the undersigned is the Agent to the Owner of the property that is the subject of this proposal. I hereby certify that the undersigned has the authorizing authority to execute this contract for professional services. I hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the attached Standard Business Terms and Conditions and Rate Code and Fee Schedule of RWA, Inc. Accepted this _day of , 2008. Please Print Name Title For: Collier County Transportation Thank you for the opportunity to submit this professional service proposal. Please call if you have any questions. We will look forward to hearing back from you soon. Sincerely, Roger G. Carter, PSM RWA, Inc. Senior Vice President Business Unit Leader Encl.: Collier County Rate Code Billing Address Information 5:\2008\080010.00.PO Vanderbilt Beach MSTU\00\PSA- D.Rkbard -02- 05-08 -Re l.doc 1611 A 1 AIM Engineering Corporate Office 5300 Lee Boulevofd (333971 -10261 239 - 332 -4569 Posl Office Box 1235 800 -226 -4569 & Surveying, Inc. Lehigh Acres. Florida 33970- 1 235 Fax 239 -332 -8734 Successfully providing ourchenls and the community with gaaOy plgnning. engineering and su�eying services since 1980 February 6, 2008 Darryl Richard Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive S outh Naples, FL. 34104 239.252.6219 Fax: 239.253.9083 Email: darrylrichard @colliergov.net Mr. Richard, It our pleasure to present you with a proposal for professional surveying services on the project known as Vanderbilt Beach Road MSTU Phase I. We have worked directly with FPL in the past, and have field and office procedures in place that satisfy their surveying requirements. To better serve you, we have provided you with two separate proposals for this project. Each proposal utilizes open book pricing to help you analyze costs v. services. Our first proposal satisfies Collier County's obligation created by Article 2(d) as found in the'County Right of Way Agreement for Underground Conversions' with Florida Power and Light (attached as Exhi bit A). This should allow you ease concern about a potentially large initial survey expense on this project. Completing this task first will enable a more concise analysis of the project limits and the extent of the subsequent survey effort. The horizontal control created from work completed as listed in the first proposal, will be a vital part of successfully completing the tasks associated with the second proposal. With this in mind, the scope of services and fees associated with the second proposal are anticipatory and subject to adjustment upon your request. Again, it is our pleasure to provide you with these proposals. If you have any questions and /or concerns, please contact m e. We are very flexible and are willing to make any adjustments as you see fit. Thank you for your time. Regards, Dustin D Martin, PSM Survey Operations and Business Development AIM Engineering & Surveying, Inc. 1611 q 13 =_ =_ Corporate Office -a569 5300 Lee Boulevard 13397110261 239- 332 AIM Engineering ar Post Office Box 1235 600- 226 -4569 & Surveying, Inc. Lehigh Acres. Florida 33970 -1235 Fax: 239- 332 -8734 Successtolly Pro,-ding our clients ord fne rom,o Wy w6h quciity glonning, englnae,ing and Wl,eying sendces since 1980. February 6, 2008 Darryl Richard Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL. 34104 239.252.6219 Fax: 239.253.9083 Email: darrylrichardL&collier *og v.net Dear Mr. Richard: RE: RIGHT OF WAY SURVEY AND DESCRIPTION FOR VANDERBILT BEACH ROAD MSTU, PHASE 1 OBJECTIVE Provide the client with professional surveying services. SCOPE OF SERVICES Right of Way Survey and Description Horizontal Control $5,810.00 a. Horizontal control points will be set using GPS, and referenced to a client specified datum. i.e. Florida State Plane East Zone. Horizontal control will be used for subsequent design, topographic, right of way and construction surveys. The horizontal control points will consist of 5/8" Iron Roads with Caps, spaced approximately 800' apart. Property Line Ties $6,000.00 a. A diligent search will be made to locate the property and right of way comers along the project corridor as contained in Phase One. These property line ties will be used in establishing the existing right of way. 1611 A Mr. Darryl Richard 'y February 6, 2008 / Page 2 Process Title Search and O & E $6,800.00 a. Process County provided title search and O & E. This will include, at a minimum, last deed of record and recorded easements affecting each parcel along the project corridor. The phase one project corridor consists of approximately 166 parcels. Right of Way Description $6,550.00 a. Produce signed and sealed sketch and description of the right of way as required by Collier County Right of Way Agreement for Underground Conversions found in Exhibit A (Attached). CLIENT RESPONSIBILITIES This survey will only require a minimal amount of involvement by the client. I . The client should be prepared to grant the field surveyor uninhibited access to the subject parcel. If security codes are needed to access the property the field surveyor or project manager will need these codes prior to the survey being started. If gates are locked they must be unlocked on predetermined dates as arranged by the client and the project manager. 2. Client to provide title search and O & E on all parcels in the Phase I project corridor. DELIVERABLES Client determined number of signed and sealed Sketch and Description of Right of Way. CD containing the following digital files: Right of Way Base Map containing the Right of Way, Easements and Found Property Corners, Horizontal Control Points, Survey Baseline set in the approximate center of found right of way. This file can be provided in either Microstation or AutoCAD file formats. PROFESSIONAL FEES The cost of this survey will be $25,160.00. If upon the request of the Client, the Surveyor agrees to perform Additional Services hereunder, the Client will pay the Surveyor for the performance of such Additional Services on an hourly rate basis (in addition to all other amounts payable under the Agreement) as set forth in our Standard Fee Schedule as governed by our contract with Collier County. Mr. Darryl Richard February 6, 2008 Page 3 1611 A 13 Proposed work to begin on agreement with client from receipt of signed proposal, weather permitting. Payment for services will be billed and the accrued balance payable upon completion. In the event of default, it is understood that you are liable for all cost incurred for collection, which will include but not limited to court costs and/or attorney's fees. CLOSING Thank you for the opportunity to provide these Professional Survey Services. If there are any questions, please do not hesitate to contact the undersigned. Please sign this copy and return by fax (239)- 332 -8734, mail or email (cganchou @aimengr.com). We look forward to working with you now and in the future. Sincerely, Dustin Martin PSM, Survey Operations and Business Development AIM Engineering & Surveying, Inc. The above agreement is hereby acknowledged and AIM Engineering & Surveying, Inc. is authorized to proceed with the above requested work. Title: Date: Printed Name: Enclosure 1611 NO I AIM Engineering Corpo ale Office 5300 Lee Boulevard (33971 -10261 239- 332 -4569 Post Office Box 1235 800- 226 -4569 & Surveying, Inc. Lehigh Acres, Florida 33970 -1235 Fax: 239-332-8734 Successfully prov(ding our clients and ine commw,ily vrifh qualify olanning, engineering and surveying services since 1980. February 6, 2008 Darry l Richard Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL. 34104 239,252.6219 Fax: 239 253.9083 Email: darrylrichardLa)colliergov.net Dear Mr. Richard: RE: TOPOGRAPHIC AND GENERAL SURVEYONG SERVICES LOCATED AT VANDERBILT BEACH ROAD MSTU, PHASE 1 OBJECTIVE Deliver to the client, in a timely manner, a TOPOGRAPHIC SURVEY that complies with all applicable sections of the Minimum Technical Standards as put forth as Florida Statute in Chapter 61G 17 -6 of the Florida Administrative Code. SCOPE OF SERVICES Topographic Survey Survey Baseline $4,500.00 a. Establish a survey baseline. Cross Sections $10,500.00 a. Collect cross sections every 200' along the survey baseline. Improvements $6,000.00 a. Locate all visible above ground, readily visible improvements. Buildings $3,000.00 a. Locate all buildings within 20' of the estimated right of way. 1611 Mr. Daryl Richard February 6, 2008 Page 2 Topographic Survey Preparation $10,800.00 a. Produce a signed and sealed topographic survey. The signed and sealed survey will adhere to the FAC 617G as it applies to Minimum Technical Standards. Underground Utilities Flagged Utilities $7,500.00 a. Locate flagged utilities as marked by others. Underground Utilities Exhibit $3,700.00 a. Prepare an underground utilities exhibit. Sketch and Description Easement Preparation $10,800.00 a. Prepare 40 easements. Easement Staking $7,500.00 a. Stake easements for viewing. CLIENT RESPONSIBILITIES This survey will only require a minimal amount of involvement by the client. A 1.3 1. The client should be prepared to grant the field surveyor uninhibited access to the subject parcel. If security codes are needed to access the property the field surveyor or project manager will need these codes prior to the survey being started. If gates are locked they must be unlocked on predetermined dates as arranged by the client and the project manager. 2. Coordinate with AIM the flagging of utilities to ensure a timely and complete location of flags. DELIVERABLES Client determined number of Utility Exhibits. Client determined number of signed and sealed easements. CD containing all survey data and drawings compiled during the project. Mr. Darryl Richard February 6, 2008 Page 3 PROFESSIONAL FEES The cost of this survey will be $64,300.00. 1611 A13 If upon the request of the Client, the Surveyor agrees to perform Additional Services hereunder, the Client will pay the Surveyor for the performance of such Additional Services on an hourly rate basis (in addition to all other amounts payable under the Agreement) as governed by our contract with Collier County. Proposed work to begin on agreement with client from receipt of signed proposal, weather permitting. Payment for services will be billed and the accrued balance payable upon completion. Past due payment(s) will incur a late fee(s) not to exceed 1.5% compounded monthly. In the event of default, it is understood that you are liable for all cost incurred for collection, which will include but not limited to court costs and/or attorney's fees. CLOSING Thank you for the opportunity to provide these Professional Survey Services. If there are any questions, please do not hesitate to contact the undersigned. Please sign this copy and return by fax (239)- 332 -8734, mail or email (cganchou @aimengr.com). We look forward to working with you now and in the future. Sincerely, Dustin Martin PSM, Survey Operations and Business Development AIM Engineering & Surveying, Inc. The above agreement is hereby acknowledged and AIM Engineering & Surveying, Inc. is authorized to proceed with the above requested work. Date: Printed Name: Enclosure H co N � M N J � � Z W L L � LL a 2 w Q LL 7 tO O N N Oro_ m t0 N r O N T ' O] N ` o c UI M m OR � N m N h m v� V N m r rn ° r r m tO 0) dT d� d3 di dT d3 O O (0p O N tr0 W � TF d) d Pi'] 161 j Ll r r O O N 0 0 ND N O Cp 6� N N W O O N Of A S O1 r DJ O t0 (h 0 CO O O r 0 r 0 6 IL Cl) o — C6 C4 co � tc� f9 d) d) fA fA di d) 0 69 fH Vi N G Gt � o O u aJ r t0 t 7 M CD m T OD � u .. .r C m C C m 0 U) is E rno6 v `m m v c �° N G C N O N N U C O a3: c7U')cn w E cou- m w 'o C m . w m E U CL U om oZ O O U C U U m U — —1 2 m E a@ m° u o Q C V o — E >10 U U U w u° LL c c a O r N N O O O O O O N N O 00 00 00 O m u0'i O m V m O N do 0 00 O IN 00 M N N " O N O r N N (p r" O o Di V, M, n r m O M doo) d: dT d) dT dooS W d) d> dT H N d> df 0 0 0 0 0 0 0 0 'o. 0 0 0 O O O p 0p O O O pp0 0 0 0 0 0 0 O M O O M O m 0 0 0 00 t0D 6 N t N 16,6 O6 N M O 1 mm N mmm O O N N r d) d) b) d)I di lfR dl 6ojd 1d 14*11 d) df d3 d3 d) d) d) d) d> d)IfAlfAld)Id)Id > m J O w V O W LL, ui r0Ui2x mwWov 3ZF- W0Fn :5 �((N >z ¢WdZ0 a. ui Z U 0 0¢ U W S N Z w w W W < � W= W Z J- Z Z O d' W jrWFwww00XCO .wo QODU¢ZwZ ¢c7¢� w¢�w00 LL, P w W> Of w w w j i z zQ n Z W W w j Z J Z Z <_ F- W a z z o o Z y F �r >rwga�a¢4a WG z°z_gow�?a.<2 (L 0 LLo�c01- m� ��h UZ Z Z K F-I-U H Zt. w 13 i N N N N O N M O N doo) d: dT d) dT dooS W d) d> dT H N d> df 0 0 0 0 0 0 0 0 'o. 0 0 0 O O O p 0p O O O pp0 0 0 0 0 0 0 O M O O M O m 0 0 0 00 t0D 6 N t N 16,6 O6 N M O 1 mm N mmm O O N N r d) d) b) d)I di lfR dl 6ojd 1d 14*11 d) df d3 d3 d) d) d) d) d> d)IfAlfAld)Id)Id > m J O w V O W LL, ui r0Ui2x mwWov 3ZF- W0Fn :5 �((N >z ¢WdZ0 a. ui Z U 0 0¢ U W S N Z w w W W < � W= W Z J- Z Z O d' W jrWFwww00XCO .wo QODU¢ZwZ ¢c7¢� w¢�w00 LL, P w W> Of w w w j i z zQ n Z W W w j Z J Z Z <_ F- W a z z o o Z y F �r >rwga�a¢4a WG z°z_gow�?a.<2 (L 0 LLo�c01- m� ��h UZ Z Z K F-I-U H Zt. w 13 16 11 A 1 Thursday, February 07, 2008 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 Project Status Note; Committee not meeting for June /July /August. (VA -23)- ACTIVE -.IPOC 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 11/27/07. 1 -3 -08: Payment of Engineering Deposit is pending actual confirmation of FPL `signature' to ROW Agreement. No payment will be made until FPL has signed agreement. (VA- 18)— ACTIVE- ONGOING (POC Tessie 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 15, 2004; First Contract Period 12/14/04 to 12/13/05; Second Contract Period 12/13/05 to 12/13/06; Note: 2 additional renewal periods remain. (Maximum extension this contract is to 12/13/08) (VA -15) - ACTIVE (PO( : Darryi Richard) -Power Line Underground Installation FISCAL IMPACT OF PROJECT: $6,151,000.00 PROJECT SCHEDULE: Vanderbilt MSTU: ROW Agreement Phase- FPL Powerline - Underground Installation PHASE Start - End Date 4/23/2007- 5/7/2007 (2 week FPL Legal Review Commitment) Finalized ROW Agreement 1117/2007 Final Document 11/712007 (actual) BCC APPR 12/11/2007 After BCC Approval & FPL signature, and Payment to FPL 56 k survey (per FPL request) FPL binding cost estimate 6 mo. FPL signature obtained, waiting on survey FPL Binding Cost Estimate Due TBD 180 day (project must start by date) TBD NTP FPL Project Construction TBD 180 day construction TBD Project Complete TBD 1611 A 13 Project Preliminary Research Phase; Construction Cost: $6,151,000.00; 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 concerning his request for a meeting with Committee representative, FPL representative (Grover Whitten), and representative from Homeowner's Association (member TBD). 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 of a `Revenue Bond' was mentioned by Mike Isackson he said that this would have to be confirmed. 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 rel. 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 of BCC 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 confirms 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 final copy of the `agreement' for ROW utilization for the project from the FPL attorney office. 8- 24 -06: Jamie French, CDES, Diane Flagg, ATM 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 and Public Service Commission has to approve the 25% proposal from FPL. After these approvals the MSTU Committee needs to consider plan to finance 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 Attorney — FP &L agreement under review 1- 17 -07: Meeting to be set up with Charles / Grover Whidden /Darryl / 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 2 16/1 A 1 3- 29 -07: Meeting has been scheduled in the BCC Conference room – Date: April 12, 2007 – at 2:OOpm – attendees – County Mgr/ Commissioner Halas/ Charles Arthur, Kathryn Donofrio and FPL members. The meeting agenda includes :Review of the final draft of the ROW agreement Engineering Design and Construction timeline . 4- 12 -07: Meeting at BCC office. FPL will work on Agreement with County Legal. Final Version of agreement requires BCC approval. Submittal of revised 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 94-07: Request sent to Scott Teach to obtain finalized agreement. 10 -8 -07: FPL and County Legal reviewing a final version of agreement. 10- 11 -07: County Attorney – Teach sent final 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. 11 -1 -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. 12- 10 -07: Going before BCC on 12 -11 -07 for approval. 12- 11 -07: BCC Approval of ROW Agreement I -3 -08: Meeting has been scheduled with FPL on January I I'". Staff is coordinating with annual contactors for survey to produce Exhibit B (90 day time - frame). 1- 11 -08: Met with FP &L and received fully executed document. Sent Agreement to recording. (VA -22)- COMPLETE –(POC 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- L -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). (VA -17) - COMPLE FF. - Conversion to Motorola Irrigation Controller. 9- 14 -06: Committee votes for staff to proceed with conversion to Motorola Controller. 1611 q 13 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. VA -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. (VA -16) - COMPLETE -CLM 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 42 and #3 completed. 10- 26-06: Item 43 Completed; all valve covers are in place. (VA -21) - COMPLETE - Request for Staff assistance with vehicles parking on irrigation heads and valves along Vanderbilt Drive. 10- 20 -06: Margie Hapke, Public Information 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. (VA -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' of FPL 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 VARIAN 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 out july 11th - in transit to commercial land maint. 16/1 A 1 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 working on revising ordinance. 6 -12 -06 - Darryl entailed 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 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 -15 06 — 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 0. (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; $11,006.00 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 @ Gulfshore Drive - Cancelled 8/16/05; Construction Cost $1,590 Project Scope to possibly include irrigation. (V -8) - PROJECT CANCELLE D - 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 111th at Vanderbilt Drive Plantings. (V -10) - 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 -11) - NON -NISTU PROJECT- Sidewalk Project -East Side of Vanderbilt Drive (Vanderbilt Beach Road to 1 11th Avenue- Non -MSTU Project; Pathways Project; Trinity Scott to report on the status of this project. 1611 A 13 Trinity Scott to report Status (V -12) - 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 -13) - COMPLETE- BACKFLOW PREVENTION - REPLACEMENT; Backflow preventor failed to operate. Reported on 3/22/06 and repaired on 3/28/06. 0 naVa a ?ti Halal 161...1 Henning*RE(GAL (;Oyle LLIER COUNTY FLORIDA Colette ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) RECEIVEP MAR ? 8 2008 .... .F Coanty Commissidners »»»»» rtrtrtrtrt» rtrtrtrtrtrtrtrt» rtrtrtrtrtrtrt» rtrtrtrtrtrtrtrtrtrtrtrt»»» rtrtrt» rtrt» rtrtrtrtrtrtrtrtrt» rtrtrt»» rtrtrt» rtrtrtrtrtrt » »rtrtrt »rtrt » » »rt » » » » » »» » »rtrtrt » » » » » »+ Originating Dept/ Div: Public Utilities Petition No. (If none, give brief description): Petitioner: (Name & Address): Person: Thomas G. Wides Date: 1/29/08 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: PUBLIC NOTICE OF FINAL AGENCY ACTION SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD Application No. 050225 -37 Water Use Permit No. 2008 -022 DAO WU Pelican Bay/Mule Pen Supplemental Reclaimed Water Use Permit Renewal Collier County, S19,24/T48S/R26E Companion petition(s), if any & proposed hearing date: ® Legally Required Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 408- 233314- 649100 Reviewed by: r Divis' n dministrator or Pesignee Date PUBLIC NOTICE OF FINAL AGENCY ACTION DISTRIBUTION INSTRUCTIONS A. For hearings before BCC 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: Misc wanes [Date ❑ County Manager agenda rile: to ❑ Requesting Division ❑ Original Clerk's Office len ` 412 J� B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. 161' +++ w+++++ xw+ xx++ xwwwww+ t+++ xxwxw+++ xt++ xx++++++ ww+ xx+++++ www++ xx++ t++++ wwwxt + ++ +wwxx + + + +wxwtwt +x + +www + ++ + +x FOR CLERK'S OFFICE USE Q Dale Received: O Date of Public heazing: ___ Date Advertised: o (, 161 f R 1 PUBLIC NOTICE OF FINAL AGENCY ACTION SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD Application No. 050225 -37 Water Use Permit No. 2008 -022 DAO WU Pelican Bay /Mule Pen Supplemental Reclaimed Water Use Permit Renewal Collier County, S I 9,24/T48S/R26E Collier County hereby gives notice that on January 8, 2008, South Florida Water Management District granted Collier County's Application for Renewal of Water Use Permit Number 11- 00052 -W, Application Number 050225 -37. The project is located in Collier County, Sections 19 and 24, Township 48 South, Range 26 East. The Final Agency Action authorizes the continuation of an existing use of ground water from the Lower Tamiami Aquifer and Water Table Aquifer for public water supply use with an annual allocation of 1,881 million gallons until January 8, 2013. Groundwater withdrawals are used to supplement existing reclaimed water deliveries to provide sufficient supply to meet contract demands in peak demand/low wastewater flow periods. The file(s) containing the Agency Action referred to above is available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406. As required by Sections 120.569(l) and 120.60(3), Fla. Stat., the following is notice of the opportunities which maybe available for administrative hearing or judicial review when the substantial interests of a party are determined b an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. A person whose substantial interests are affected by the proposed permitting decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of notice of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.1191(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. 1611 R Y The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk must be made by mail, hand - delivery, or facsimile to the Office of the SFWMD Clerk. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filing by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682- 6010. Pursuant to Subsections 28- 106.104(7), (8), and (9), Fla. Admin. Code., a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. The petition must contain the information set forth below and must be filed (received by) the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. Pursuant to Rules 28- 106.201 and 28- 106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by I I inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. An explanation of how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 1611 �R 1 7. A statement of the specific rules or statutes the petitioner contends requires reversal or modification. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code, The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. 16 pr 1 ofi Patricia L. Morgan From: olko_b [BarbaraOlko @colliergov.net] Sent: Wednesday, January 30, 2008 1:03 PM To: Brock, Mary Cc: Patricia L. Morgan, wides_tom Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Importance: High Attachments: Public Notice of Final Agency Action 45h102 SIGNED.DOC.tif Please see Scott Teach's (County Attorney) request: "One day is sufficient publication of the Notice. Please make sure that you follow -up with the Naples Daily News for an "affidavit of publication" confirming advertisement of the notice." This item was approved by SFWMD, 1/8/08. 1 am unfamiliar with an "affidavit of publication ". Pat - would you please get back to me regarding what practice I must follow to acquire the affidavit of publication. Barbara A. 01ko Administrative Assistant Public Utilities Operations ph (239) 252 -2589 fax (239) 252 -2660 From: wides_tom Sent: Wednesday, January 30, 2008 8:23 AM To: olko_b; BenkerAmysue Subject: RE: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Barbara, make sure that you explain in a note that this application was already approved by SWFMD; I believe it was on January 8, 2008 (it is in the body of the doicument). This is in response to Mary Jo Brock's question of you. TW From: olko b Sent: Wed 1/30/2008 8:20 AM To: BenkerAmysue Cc: wides tom Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 I've forwarded this email to AmySue who will obtain Jim's signature, scan, and forward to Mary Jo Brock with a note that Scott Teach wants an "affidavit of publication" from NDN. Barbara A. 01ko Administrative Assistant Public Utilities Operations ph (239) 252 -2589 1/30/2008 fax (239) 252 -2660 Page 2 of 4 1611. From: wides_tom Sent: Tuesday, January 29, 2008 4:57 PM To: olko b Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Please note the changed information. Substitute and get this moving tomorrow. We want this to be in the paper one day, preferably a Saturday or Monday. Also, see Scott's comments on affidavit from NDN. Thanks, TW From: TeachScott Sent: Tuesday, January 29, 2008 4:49 PM To: wides tom Cc: weigel_d; DeLony_Jim; mattausch_p; YilmazGeorge; JohnssenBeth; TeachScott; Klatzkow]eff Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Tom, I think your proposed Notice is legally sufficient and comports with the Notice Publication information provided by the SFWMD and the requirements of the Florida law, including the legal advertisement provisions set forth in Chapter 50 of the Florida Statutes. One day is sufficient publication of the Notice. Please make sure that you follow -up with the Naples Daily News for an "affidavit of publication" confirming advertisement of the notice. I did make one small change to the notice, which consists of adding a header titled "Notice of Rights." Please contact me if you have any further questions regarding this matter. Scott R. Teach Managing Assistant County Attorney Collier County, Florida Tel: (239) 774 -8400 Fax: (239) 774 -0225 From: wides tom Sent: Tuesday, January 29, 2008 9:24 AM To: TeachScott Cc: weigel_d; DeLony_Jim; mattausch_p; YilmazGeorge; JohnssenBeth Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Scott, please review the attached files related to the legal advertising notice of the SFWMD approval of the extension of our mule pen quarry water use permit. I believe I copied you last week that the permit has been challenged by Pelican Bay Foundation. The intent of this advertisement is to stop further challenges. This format has been approved by SWFMD. Do you see any critical changes? I'm trying to get a read from delaParte's office as to whether one day of advertising is sufficient, do you have a thought? Finally, is the legal advertisement form sufficient? Thanks, TW From: Kristin Yerkes [mailto:KYerkes @dgfirm.com] Sent: Monday, January 28, 2008 6:48 PM 1/30/2008 Page 3 of 4 To: wdes_ torn 16 y Cc: Edward de la Parte Jr.; Vivian Arenas; Rosemarie Hernandez Subject: RE: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Tom, I heard back from Jan today. Attached is the revised notice. She only changed the first sentence. Also, Ed confirmed that one day of legal advertising in a newspaper of general circulation in Collier County is all that is required. Please let me know if you have any other questions. Thanks. Kristin From: wides_tom [ mailto:TomWides @colliergov.net] Sent: Monday, January 28, 2008 3:52 PM To: Kristin Yerkes Subject: RE: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Kristin, any new status here? BTW, once we get this approved, I believe Ed had suggested one day of legal advertising; can you confirm if that is sufficient? Tom Wides From: Kristin Yerkes [mailto:KYerkes @dgfirm.com] Sent: Thursday, January 24, 2008 5:17 PM To: wides_tom Cc: Edward de la Parte Jr.; Vivian Arenas; Rosemarie Hernandez Subject: FW: Collier County - Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37 Tom, I apologize for the delay in sending the Notice of Final Agency Action that I promised you earlier. I have still not heard anything back from the SFWMD. However, for your review, attached is the draft which I had sent to the District earlier today. Please keep in mind that this draft does not reflect any changes which the District may have. As soon as I hear anything from the District, I will let you know. Thanks. Best, Kristin Kristin Yerkes, Esq. de la Parte & Gilbert, P.A. 101 E. Kennedy Blvd. Suite 3400 Tampa, FL 33602 Tel: (813) 229 -2775 Fax: (813) 229 -2712 Email:kyerkes@dgfirm.com From: Kristin Yerkes Sent: Thursday, January 24, 2008 To: 'bross @sfwmd.gov' Cc: Vivian Arenas; Edward de la Parte Jr.; Rosemarie Hernandez Subject: Collier County - Pelican Bay WUP No. 11- 00052-W, Application No. 050225 -37 Dear Ms. Ross, Attached for your review and approval is a copy of the Notice of Final Agency Action which our law firm has prepared on behalf of Collier County for the Pelican Bay WUP No. 11- 00052 -W, Application No. 050225 -37. This 1/30/2008 161 age 4 of 4 Notice confirms the District's re- issuance of WUP 11- 00052 -W on January 8, 2008 for the continuation of an existing use of ground water from the Lower Tamiami Aquifer and Water Table Aquifer for public water supply use with an annual allocation of 1,881 million gallons. Please review the attached document and respond with any additional comments you may have or your approval of the notice for Collier County's submission in newspapers of general circulation. Thank you. Best, Kristin Kristin Yerkes, Esq. de la Parte $ Gilbert, P.A. 101 E. Kennedy Blvd. Suite 3400 Tampa, FL 33602 Tel: (813) 229 -2775 Fax: (813) 229-2712 Email:kyerkes@dgfirm.com 1/30/2008 1611 ! 1 January 30, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Public Notice of Final Agency Action Dear Legals: Please advertise the above referenced notice on Monday, February 4, 2008, and kindly send the Affidavit of Publication, in triplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. /Account# 408 - 233314- 649100 Teresa L. Polaski To: legals @naplesnews.com Subject: Public Notice of Final Agency Action 1611 Attachments: Public Notice of Final Agency Action.doc; Public Notice of Final Agency Action 45h102!. DOG Legals, Please advertise the following on Monday, February 4, 2008. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 (Teresa.Polaski @col I ierclerk.com) 1 Public Notice of Public Notice of Final Agency ... Final Agency ... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 (Teresa.Polaski @col I ierclerk.com) 1 Teresa L. Polaski From: postmaster @collierclerk.com Sent: Wednesday, January 30, 2008 3:28 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT487491.txt; Public Notice of Final Agency Action 161 D i l ATT487491.txt Public Notice of (231 B) Final Agency ... 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 Public Notice of Final Agency Action Teresa L. Polaski From: Ferrell, Pam [PPerrell @Naplesnews.com] Sent: Wednesday, January 30, 2008 3:45 PM To: Teresa L. Polaski Subject: RE: Public Notice of Final Agency Action Perfect! Thank you so much. Pam From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Wednesday, January 30, 2008 3:28 PM Posted To: Legals - NDN Conversation: Public Notice of Final Agency Action Subject: Public Notice of Final Agency Action Legals, Please advertise the following on Monday, February 4, 2008. Thank you Page 1 of 1 1611 <<Public Notice of Final Agency Action.doc>> <<Public Notice of Final Agency Action 45h102!.DOC>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Polaski @ co I lierclerk.com) 1/30/2008 <<Public Notice of Final Agency Action.doc>> <<Public Notice of Final Agency Action 45h102!.DOC>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Polaski @ co I lierclerk.com) 1/30/2008 NAPLES DAILY NEWS Published Dail} Naplcs- FI, 31102 1611 Q Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority. personalh appeared B. Lamb. Who on oath says that the- N serve as the Assistant Corporate Secretary of the Naples Daily a daily ne\tspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE ryas published in said ncttspaper I lime in the issue on February 4 "'. 2008 \Itiant fun her sars 111,1 the said Naples t)atK News is a newspaper published at Naple, in said C other ('aunty, Florida, and that the said newspaper has harrloforebeen continuously published in said Collier County, Florida: distributed in Collier and 1.ee counties of Florida, each day and has been entered as second lass mail matter at the post office in Naples in said Collier County, Florida, for a period of 1 year nest preceding the first publication If 'he attached copy of adN er[rsement- and aliant further says that he has neither paid nor promised au} Person, firm nr corporation am discount, rebate. commission nr refund forme purpose of securing this adsrrusement for puhl"Al',o in the said new/spaper_ r 1 Signature of afGanl) S\vorn to and subscribed before file Thfs21 ",of February,2008 (Sign Jlurc o�ofa �ublic) PUBLIC NOTICE OF FINAL AGENCY ACTION SOUTH FLORIDA WATER MANAGEMENT DISTRICT 5FWMD4Ap IGtI fNO. 0602266..37 Water Use ►inniIf No. x008-022 DItO WU Pelican Bag.M ter Pen PSurppr mw aifietl Us. elppRn Collier County, S30,24/T485/Ri6E Collier County hereby gives notice that on Janu- ary S. 20M South Florlrla Water Maan�pemie Dbl_ trlct granted Collier County's Afralicatlon for Re: pe• Filings byy mall must be addressed to the Office of the SFWMD Clerk, P.O. Box 29680, West Palm Beach, Florida 33416. Filings by hand delivery must be delivered to the _ JUDYJANES ote"I`aewiimec. An aiie°iee poff theensFWMD'c ell - kA- Commission DD 675029 FlliMnpD b facsimile must be transmined to Expires May 16, 2011 to Subsections 228406.1047), (8)and lg('s), PFia FE,,[ 59- 2578327 ;F•,••oe= -.,p,,, s;,.•� 3�,rea rr sFS�t.a,- �o-wsros min. Code.. a party who files a document by fac on address and telephone number of and petRloner's representative, If on of how the petitioner's substan- 11 be affected by the agency deter - on of how the petitioner received IMD's decision. of all disputed Issues of material ,e none, the petition must so Indl- tatement of the ultimate facts at- the specific facts the petitioner nt reversal or modification of the ed action. of the specific: rules or statutes the �nda requires reversal or mocifica- Issues of material fact still the also Include an expplanation o how s Milne to the specdlc rules or star- of the relief souGht by the petition. s)fely -the action y a petitioner vMp to take with: respect to the �-tti. I� R Fiala 16 1 eLd ctober 1,2007 " iHalas _ .Henning � Coyle Ccletta MINUTES OF THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL MEETING Naples, Florida, October 1, 2007 LET IT BE REMEMBERED, that the Collier County Public Safety Coordinating Council, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the Human Resources Conference Room, Building B, 3301 East Tamiami Trail, in Naples, Florida, with the following members present: Members Present: Commissioner Fred Coyle Chief Judge Keith Cary (Excused) Judge Cynthia Ellis (Excused) Stephen Russell Rich Montecalvo (non- voting at this meeting) Robert R. Jacobs, II (Excused) Mike Orlando Judge Ramiro Manalich Sheriff Don Hunter (Excused) Chief Greg Smith James Wynn Charles Rice David Schimmel (Excused) Bonnie Fredeen (Excused) Christine Holmes Others Present: Jim Mudd, County Manager Mike Sheffield, Assistant to County Manager Scott Teach, Chief Assistant County Attorney Chief Scott Salley, Sheriffs Office Skip Camp, Facilities Management Director Mary Krumbine, Director, Human Services Dept. Mire. Cones: Dahl: v ..cpi2� to 16 1' B kber 1, 2007 I. Introduction A. Welcome - Commissioner Fred Coyle Kathy Ray and George Welch, Citizens, were also in attendance. B. Introduction of new statutory member: JAMES WYNN, State Probation Circuit Administrator C. MARK LENNON was recognized as designee for State Probation Circuit Administrator, James Wynn D. JUDGE CYNTHIA ELLIS was recognized as designee for Chief Circuit Judge Keith Cary E. Approval of June 18, 2007 Public Safety Coordinating Council meeting Minutes: Judge Ramiro Manalich moved to approve the June 18, 2007 Meeting Minutes. Second by Mr. Russell. Carried unanimously, 8 -0. F. Acceptance of June 18, 2007 Work - Restitution Release Subcommittee Meeting Minutes: Christine Holmes moved to accept the June 18, 2007 Work- Restitution Release Subcommittee Meeting Minutes. Second by Judge Ramiro Manalich. Carried unanimously, 8 -0. H. Old Business A. Update on the Mental Health Court Concept — Christine Holmes Mike Sheffield stated a letter from Circuit Court Judge Daniel H. Monaco dated August 18, 2007 was attached (Item 2 -A). Christine Holmes stated the Mental Health Court Program began accepting referrals on September 4, 2007. • Eligibility: Anyone who has been arrested for a non - violent misdemeanor and is suspected of having mental health problems • Referrals to: Katie Burrows at the David Lawrence Center (263 -4250) The Court hearings will commence on October 3, 2007. The purpose is: • To reduce jail time, recidivism, and convictions for the severely and persistently mentally ill population arrested for non - violent misdemeanors, and • To provide appropriate alternatives within the legal system to meet the needs of that specific population 16 11 Oder 1, 2007 This is a cooperative effort through the Court, the State Attorney's Office, the Public Defender's Office, the Probation Department, and the David Lawrence Center. Commissioner Coyle noted Judge Monaco's letter stated, in part, `7n order to accomplish our goals for this program there is a necessity to have dedicated staff from our Public Defender's Office and State Attorney's Office. " He asked Mr. Russell for comments regarding actions by his office to assist in accomplishing this goal. Stephen Russell stated his staff is evaluating the availability of current staff members. He further stated Lee County has a dedicated Mental Health staff member and that this position is funded by Lee County. Mike Orlando stated the Public Defender's Office has met with the Mental Health Court team. He stated Judge Monaco would like, ideally, to have an individual from the State Attorney's Office and from the Public Defender's Office to serve as coordinators for each office. He stated Mr. Jacobs has requested to address the BCC to discuss this matter. Commissioner Coyle asked about current funding sources. Stephen Russell stated the State is not responsible for fending and money would need to be found at the local level. Jim Mudd stated there is a Chief Judges' Initiative Fund which he would investigate to determine whether funds are available to use for this mental health position. B. Inmate "Snap- Shot" Report — Chief Scott Salley Chief Salley provided a report of the jail data: • Habitat is increasing which necessitates adding new beds in the near future • Transported three mentally ill inmates to mental health facilities • Arrests of gang members has declined • Immigration & Customs Enforcement ( "ICE ") had 27 holds in June, 35 in July, and 32 in August, and 69 in September (NOTE: Copies of these figures will be submitted for the record by Chief Sally.) • The next quarterly update will detail the number of inmates who have been detained for a year or longer • Figures for the percentage of self admitted illegal category were not available since April through June was the transition period with ICE • There are 4 inmates awaiting trial on murder charges 16 11 6 02 1, 2007 C. Update: Circuit -wide Public Safety Coordinating Council Symposium Mike Sheffield stated the Symposium would be held on December 3, 2007 at the Edison College Campus in For Myers from 11:00 AM to 2:00 PM. • Participation is anticipated from Lee, Charlotte, and Henry Counties • He provided a copy of a memorandum from County Attorney David Weigel to Commissioner Fred Coyle regarding out -of- County meetings (Item 2 -C) - Mr. Weigel mentioned a "balancing of interests test" Commissioner Coyle suggested the possibility of providing transportation for Collier County residents to the Symposium site in order to comply with the "Sunshine Law" requirements. Scott Teach stated he would review Commissioner Coyle's suggestion with the County Attorney's office as a mitigating factor to deflect concerns regarding the Sunshine Law. III. New Business A. Discussion: Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant — Marcy Krumbine and Christine Holmes A copy of the grant application package was provided (Item 3 -A). Marcy Krumbine stated she was notified approximately two months earlier that the State made some money available for use in the area of mental health. A formal grant application process is required. There are two different grants available: (1) an Planning Grant for $100,000 which has to be matched by each County, and (2) an Implementation Grant of $1 Million which would be distributed at $333,333 a year for three years. Before applying for a grant, the Committee should: • Approve serving as planning council /committee for the grant; • Agree to add several new members (8) to the Committee; • Agree on the agency to be responsible for staff members or to hire a consulting firm. The Substance Abuse Mental Health Corporation has recommended all counties apply for a Planning Grant, which is not a recurring grant. The purpose of the Planning Grant is to allow a county to develop a strategic plan which would, in turn, allow a county to qualify for an Implementation Grant. Ms. Krumbine stated this is the first year that these grants are being offered, and it is hoped that the Implementation Grant will be a recurring grant. Commissioner Coyle stated there was no guarantee the Implementation Grant would be continued beyond the initial three -year period. He stated his concern about the lack of budget analysis. He stated the BCC would need to review and 161 1 6 Oaer 1, 2007 approve the application. He was also concerned about the short turnaround time to apply for this grant. Stephen Russell stated he thought this was a County budget issue. Scott Teach asked for an opportunity to review the By -Laws concerning the addition of members to the Committee. Commissioner Coyle asked if the Committee could make a determination with such little information. Scott Teach replied that he would not suggest it. Christine Holmes stated the deadline to apply is November 1, 2007. Commissioner Coyle recommended not applying for this grant until the next grant period in order to obtain all required information and to be able to prepare a presentation for the BCC. He requested the County Manager and the County Attorney review the application process, together with the requirement for matching funding, and suggest alternatives for pursuing additional funding. IV. Comments /Suggestions Mike Sheffield stated he was in the process of setting the meetings for next year and would inform all members via email of the dates at a later time. V. Public Comment None The next meeting of the Collier County Public Safety Coordinating Council will be the Public Safety Coordinating Council Symposium on December 3, 2007. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:55 PM. COLLIER COUNTY PUBLIC COORDINATING COUNCIL Commissioner Fred These Minutes approved by the Board/Committee on as presented for as amended Fiala , Halas -- Henmbg Coyle — Coletta -- 16/1 R 2 Public Safety Coordinating Council Twentieth Judicial Circuit Symposium December 3, 2007 Edison College (Lee County Campus) President's Dining Room Symposium Summary Judge Hugh Starnes called the symposium to order at 12:15pm, with opening remarks and introductions. Ninety Four people from through -out the Twentieth Judicial Circuit attended the Symposium, with the following individuals representing the Collier County PSCC, Collier County agencies, and the Collier County community: 1. Commissioner Fred Coyle 2. Chief Judge Keith Cary 3. Don Hunter, Collier County Sheriff 4. Kevin Rambosk, Collier County Undersheriff 5. Chief Greg Smith, Collier County Sheriff's Dept 6. Chief Scott Salley Collier County Sheriff's Dept 7. Steve Russell -State Attorney 8. Len Price, Administrator of Adm. Services 9. Mark Middlebrook, Deputy Court Administrator 10. Chuck Rice, Director County Probation 11. Robert Jacobs, Public Defender 12. Scott Teach, Assistant County Attorney 13. Regina Gower, David Lawrence Center, Collier 14. Kathy Burrows, David Lawrence Center, Collier 15. Mike Sheffield, Assistant to the County Manager 16. Katherine Hunter, Executive Director of Collier NAMI 17. Mindy Collier, Collier NAMI 18. Kathy Ray Facilitated Panel Discussions Jail Manaeement Issues /Illeeal Immieration Sheriff Don Hunter Undersheriff Kevin Rambosk Col Michael Waite -Lee County Sheriffs Office David Bennett- Criminal Justice Consultant Maj. Thomas Rogers, Charlotte Co Sheriff's Dept Sheriff Ronnie Lee - Charlotte County Adam Levin, ICE Dave Wang, ICE Drue Addiction Trends/I'reatment Alternatives Dr. Charles Starks, Charlotte County Mental Health Regina Gower, David Lawrence Center Edwina Laymon, Hendry County Mental Health Ann Amell, Lee County Human Services Diane Clayton, SWF Addiction Services Misc. Cams: D81E: Item t 1 wGy71C5 to, 16Q B 2 Mental Health Court Amy Kinsey, Lee County Pretrial Services Sharon Salters, Charlotte Behavior Health Kathy Burrows, Davis Lawrence Center Brian Siebert, Coastal Behavioral Healthcare Lisa Shiers, Coastal Behavioral Healthcare Darlene Murphy, Coastal Behavioral Healthcare Kaylynn Berrios, Lee Mental Health /Ruth Cooper Budget Constraints While Maintaining a High Level Community Service Level Dick Loftus, Charlotte County Commissioner Bruce Loucks, Charlotte County Manager Judi - Kennington -Korf, Hendry County Assistant Manager Pete Winton, Lee County Assistant Manager Len Price, Collier County Administrative Services Administrator Closing Remarks - Commissioner Fred Coyle Action Plan from the Symposium Creation of a Regional Task Force (Lee, Collier, Charlotte, Glades, Hendry) A Regional Task -Force was created to consist of representatives from county administration, county commissioners, the state attorney, the public defender, court administration, law enforcement, and treatment providers. The primary idea behind the task -force is for the counties to unite as a stronger force in order to lobby state and federal governments with more political clout. It was noted that illegal immigration issues across the county are being dealt with on the local level. The secondary idea of the regional task force is to identify areas where all counties might collaborate (programs, services, grants, facilities, etc.) Public Comment- None The meeting concluded at 3:50pm I,—_ Chairman 3.L —o -8 2 Pula He •L 16 f „I Hennnina ng Coyle Coletta Collier County Public Safety Coordinating Council's Work Restitution Release Subcommittee Meeting Minutes January 17, 2008 - County Manager's Conference Room Members Present: Judge Ramiro Maflalich, Chuck Rice, David Schimmel Others Present: Judge Ted Brousseau, Chief Scott Salley, Janice Martin, Mike Sheffield, Skip Camp, Damon Gonzales Subcommittee Chairman Ramiro Mafialich called the meeting to order at 1:36pm. Chief Salley distributed his draft entitled, "Jail to Work Program. ” After taking a few minutes to review the draft, the subcommittee thanked Scott for his hard -work. Scott stated that each inmate should have an individualized work - release treatment plan based on his /her needs. Judge Brousseau stated that it is important that some defendants completely by -pass a stay in the county jail by being sentenced directly to the program. Scott indicated that each defendant should be looked at individually. Scott also stated that the program would help inmates learn basic skills and a work ethic. Judge Mahalich asked Skip Camp about the status of the Jail Master Plan. Skip stated the Jail Master Plan will be presented to the BCC sometime this spring. Skip further stated that the concept of a work - restitution center is in the Jail Master Plan, but the plan includes no facility. David Schimmel stated that a comprehensive functional assessment is essential for each participant before he or she enters the work - release program, for the success of both the inmate and the program. David further stated that we have to look at the program from the perspective of reintegration into the community by looking into what specific skills each participant needs in order to function in society. Chuck Rice stated that the three major risk indicators for recidivism are lack of employment, lack of a place to live, and no support group. Judge Brousseau informed the subcommittee that he is impressed with the Orange County program. He stated that there are two kinds of work- restitution centers, the Orange County model and all the rest. The Orange County Center is called Phoenix House, and it's been successful for fifteen years. On the first day someone is arrested, a needs - assessment is done. If an inmate meets the criteria, he /she is given the opporwiKt" to be in the program. The Orange County Program has a vo -tech where participan s can nom t via to 16 VI B 2 learn skills to obtain employment. They become employable. Participants can walk -out, but they don't because they know that being in this program is a great opportunity. Janice Martin stated the concept of the Orange County program is great, however, we need to be cautious that we don't try to accomplish too much too soon. Concerns were raised about where the money and resources would come from for an actual `bricks and mortar" facility; we are all facing budget cuts. David suggested that we should pursue a smaller "pilot project" at first, yet have a long - range plan based on the Orange County model. Judge Manalich stated that a smaller pilot program may help to accelerate a larger program because it would prove the viability of the concept. Scott stated that currently about 2% of inmates qualify (about 60) under current drafted criteria. Judge Brousseau suggested that Scott communicate the criteria/guidelines to the Judiciary. Scott stressed the importance of a free - standing facility; to prevent contraband from entering the jail, and to keep officers and inmates safe. Judge Brousseau asked if the Sheriffs Dept would be receptive to another organization such as the Salvation Army operating the program. Scott responded in the affirmative. Judge Mahalich suggested that we gather revenue information, as well as other thoughts, and meet again in February to prepare for a presentation to the full PSCC in March. The meeting adjourned at 2:50pm Subcommittee Chairman 2 Fiala t (ir lr Halas Coyle Henning C__- 1611 Gayle (7oletta 4/ Collier County Public Safety Coordinating Council's Work Restitution Release Subcommittee Meeting Minutes February 21, 2008 -County Manager's Conference Room Members Present: Judge Ramiro Mahalich, Chuck Rice, David Schimmel, Greg Smith Others Present: Chief Scott Salley, Debbie Offut, Janeice Martin, Mike Sheffield Subcommittee Chairman Manalich called the meeting to order at 1:31pm. The subcommittee reviewed and unanimously approved the meeting minutes from the January 17'h meeting. Judge Manalich informed the group that he had presented the concept of work - release during a recent judges meeting. Scott informed the group that an agreement will soon be in place with the County to allow certain inmates to perform county jobs. Scott also informed the subcommittee that he was in contact with the manager of the Orange County work - release program, which is funded by the Board of County Commissioners. Costs and budget information associated with the Orange County program were not made available to Scott. It was noted that there is a high unemployment rate in Orange County, and many participants have had difficulty finding employment, and therefore are not able to pay for their own incarceration. Chuck asked about the primary goal of a Work Release Program. The group agreed the primary goal is diversion from the county jail. David and Chuck stated that there are diversion programs currently being utilized in Collier County and that we should assess what programs we currently have, and the effectiveness of those programs. David stated that the concept of a work - release program is great, but we must first look at outcome and cost data available through national clearing houses. The subcommittee again discussed the rationale behind starting with a small pilot program, with the use of monitoring technology, as well as a good needs assessment tool; Possibly expanding the pre -trial release program currently in existence. Such an alternative program would be more financially feasible. In preparation for the next subcommittee meeting, Scott will look into finding data from national criminal justice clearing houses. Scott will also provide a listing of current diversion programs being used in Collier County. Chuck will report on costs associated with technology. Judge Manalich will provide an update to the full PSCC at the next meeting on March 6a'. The next Subcommittee meeting will be held sometime in May. The meeting Subcommittee adjourned at 2:22pm —7 Chair an Date S RIM;. D*: to ,•.tam �_ #16K4 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 #16K5 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L (/ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ��iii 6 j, Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed muting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item -1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and /or information needed. If the document is already complete with the exception of the Chairman's sienamre. draw n Fne thrn..-h r .... h— I-- Lit m.,...,.h xn ,.....- ..i_....v_ —, :_. ,. __ ... ._. Route to Addressee(s) List in routing order) Office io. waiu w oue ruson Initials une n�). Date 1. (Initial) Applicable) 2. April 8, 2008 Agenda Item Number 16 -K -6 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. William E. Mountford, ACA County Attorney Number of Original 3 04/08/08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA County Attorney's Office 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 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 William E. Mountford, ACA Phone Number 252 -8400 Contact (Initial) Applicable) Agenda Date Item was April 8, 2008 Agenda Item Number 16 -K -6 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Settlement Agreement and Mutual Release Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter numberWodocument numbeor Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the WEM 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 Office and N/A 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 of BCC approval of the document or WEM the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and WEM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A 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! 6. The document was approved by the BCC on 04/08/08 and all changes made during the meeting WEM have been incorporated in the attached document. The County Attorney's Office has reviewed the than es, if applicable. IPW 7. Please return two executed originals to William E. Mountford, ACA I WEM C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter numberWodocument numbeor 16K6 MEMORANDUM Date: April 10, 2008 To: William E. Mountford Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release: DN Higgins, Inc. vs. Collier County Case No. 07- 2683 -CA Attached, please find two (2) originals, as referenced above (Agenda Item #16K6), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you have any questions, please call me at 252 -8411. Thank you. Attachments SETTLEMENT AGREEMENT AND MUTUAL RELEASE 1 6 (( 6 THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this '�� day of ' OVA , 200 g by and between DN Higgins, Inc., (hereinafter referred to as "Defendant') and Plaintiff, Board of County Commissioners of Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, the County filed a lawsuit against the Defendant in the County Court for the Twentieth Judicial Court in and for Collier County, Florida, styled Board of County Commissioners of Collier County v. FPL, et al., Case No. 07- 2683 -CA (hereinafter referred to as the "Lawsuit'); and, WHEREAS, County and the Defendant, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, County and the Defendant desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, County and the Defendant agree as follows: 1 16K6 1. County and the Defendant adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Three Thousand Five Hundred Dollars ($3,500.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Defendant, County agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates, hereby expressly releases and forever discharges the Defendant, as well as its attorneys, agents, representatives, insurers, heirs, successors and assigns, from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that the County has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, County and the Defendant agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 2 166 5. County and the Defendant acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. County and the Defendant recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either County and the Defendant. 7. County and the Defendant acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, County and the Defendant agree that all underlying causes of action or claims of the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, County and the Defendant further agree that the sole venue for any such action shall be in the Twentieth Judicial County in and for Collier County, Florida in Naples, Florida. 3 10. This Agreement and Release shall be governed by the laws of the State of I9me reF1 IN WITNESS WHEREOF, County and the Defendant have signed and sealed this Agreement and Release as set forth below. DATED: -" `,' ;;' BOARD OF COUNTY COMMISSIONERS ATTEST . OF COLLIER COUNTY, FLORIDA DWIGHT E. PRQCtfi ;Jerk Att' ' 3w. ;Ypgy,Cler i S t6iid Cu ^u� c;.�1a Approved as to form and legal sufficiency: XLVV X- William E. Mountford Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER -1 By: TOM HENNING, Chairman For Defendant DN Higgins, Inc.: 7J N Lt - oANtt• N. 141ILGtMJ Signature %ACC- PnES10C - --r Title THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF COLLIER COUNTY AND DEFENDANT WAS SWORN TO and subscribed by /?�/,rL} & l►%Q�f�J as representative of DN Higgins, Inc., before me, this ;?-g fH day of ,200,9 . �.e.� JAMES H. SWEET Notary Public, WasNenaw County, My Commission Expires April 1, 2017 ignature of Notary Public Commissioned Name of Notary Public My Commission expires: Personally Known x or Type of Identification Produced R 16K 6 MEMORANDUM Date: June 17, 2008 To: William E. Mountford Assistant County Attorney From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Release Attached, please find two (2) certified copies of the original agreement, as referenced above (Agenda Item #16K6), approved by the Board of County Commissioners on Tuesday, April 8, 2008. If you have any questions, please call me at 252 -7240. Thank you. Attachments (2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Piinton pink paper. Attach to original document, Original documcnis should he hand delivered to the Board Office. The completed routing slip aim original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing tines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throuiz h routing lines #1 throu #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. (Initial) Applicable) 2. April 8, 2008 Agenda Item Number 16-K -6 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. William E. Mountford, ACA County Attorney Number of Original 6/16/08 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary conhmt 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 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 William E. Mountford, ACA Phone Number 252 -8400 Contact (Initial) Applicable) Agenda Date Item was April 8, 2008 Agenda Item Number 16-K -6 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Settlement Agreement and Mutual Release Number of Original 1 Attached County Attorney's Office and signature pages from contracts, agreements, etc:. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 matter _numben > /,,document_number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the W EM 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 Office and N/A 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 of BCC approval of the document or W EM the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and W EM initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A 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! 6. The document was approved by the BCC on 04/08/08 and all changes made during the meeting W EM have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return two executed certified copies to William E. Mountford, ACA W EM 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 matter _numben > /,,document_number» SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on May 7, 2008 by and between Dillard Smith Construction Company, and Florida Power & Light Company, (hereinafter referred to as "Defendants ") and Plaintiff, Board of County Commissioners of Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, the County filed a lawsuit against the Defendants in the County Court for the Twentieth Judicial Court in and for Collier County, Florida, styled Board of County Commissioners of Collier County v. FPL, et al., Case No. 07- 2683 -CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, County and the Defendants, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, County and the Defendants desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, County and the Defendants agree as follows: 16 °x 6 1. County and the Defendants adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Ten Thousand Dollars ($10,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Defendants, County agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates, hereby expressly releases and forever discharges the Defendants, as well as its attorneys, agents, representatives, insurers, heirs, successors and assigns, from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that the County has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, County and the Defendants agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 2 5. County and the Defendants acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. County and the Defendants recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either County and the Defendants. 7. County and the Defendants acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, County and the Defendants agree that all underlying causes of action or claims of the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, County and the Defendants further agree that the sole venue for any such action shall be in the Twentieth Judicial County in and for Collier County, Florida in Naples, Florida. 3 16K 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff Collier County and the Defendant Dillard Smith Construction Company have signed and sealed this Agreement and Release as set forth below. ATTEST: 4r DWI GHT °E y 8ROC<; clerk /I AtEp� 0 ltQ®p Clf slOna Oaf Approved as to forand legal sufficiency: i William E. Mountford Assistant County Attorney STATE OF COUNTY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 4� — TOM H NNING, Chairman For Defendants Dillard Smith Construction Company: Signature yil 4 aCmtvG Title THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF COLLIER COUNTY AND DEFENDANT DILLARDQD SMITH CONSTRUCTION COMPANY WAS SWORN TO and subscribed by b. , as representative of Dillard Smith Construction Company, before me, this /-25 day of jl�Nr 2009 Z c - /d — Signature of Notary Public Personally Known Produced Identification or s4 a s C. �S Commissioned Name of Notary Public My CommisWpq, expires: STATE 2 ,' OF TENNESSEE - NOTARY pUEIUC q 914 7- N GO 0 #16K7 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 #16K8 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF May 6, 2009 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: : �xxx�xx» x��x�z�xx�: �xx�xxx�xx�: rxx�xx�: ex��xx�: ex�: exx�xx�nx�: ea��x�rx�r��r�� »��:ex��aa +xa:exa +ate +�� +ter +,ra:e Originating Dept/ Div: OMB Person: John Yonkosky Date: 3/12/08 Petition No. (If none, give brief description): Notice of Proposed Amendment to FY08 Adopted Budget Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing at least 2 days before hearing.) Tuesday, March 25, 2008, BCC Regular Meeting Newspaper(s) to be used: (Complete only if important): (To appear in NDN Friday, March 21, 2008) X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): Notice of Public Hearing, Collier County, Florida proposes to amend its Fiscal Year 2007 -08 Adopted Budget. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001 - 101520. Reviewed by: 1 Di i on Adnumi' for or Designee Date 31IX08 List"A�achments: Notice of Public Hearing 4 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Administrator. 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 Administrator. The Administrator's office will distribute copies: ❑ County Manager agenda tile: to ❑ Requesting Division Clerk's Office ❑ Original 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 ON Date Received: ate of Public hearing: Date Advertised: COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) All interested parties are invited to attend a public hearing on this matter to be held on March 25, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Thomas Henning, Chairman Budget Amend. No. Fund Change No. Fund Title Fund 08 -002 Amount 355 Library (Passed 9 /11 /07 -1OF) $2,254,500 Total $19,904,479 PURPOSE: To appropriate funds for the South Regional Library. 08 -044 180 Domestic Animal Services Donations $8,600 $13,400 (Passed 11/13/07 - 16D37) PURPOSE: To carry forward funds from the FY07 donations account. 08 -082 313 County Road Construction Gas Tax $621,721 $191,126,031 (Passed H /27/07 — 16B5) PURPOSE: To recognize funds transferred from Fund 112 to be used for the Bridge Rehabilitation Program. 08 -088 313 Gas Tax Construction Fund $200,000 $191,326,031 (Passed 12/11/07— 16G1) PURPOSE: To recognize funds transferred from Fund 187 to be used towards roadway lighting on State Road 84. 08 -089 306 Parks Ad Valorem Capital $230,214 $20,342,331 (Passed 12/11/07 — l OG) PURPOSE: To recognize funds transferred from Fund 174 to be used for design of Gordon River Greenway. March 17, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PROPOSED AMENDMENTS TO FY08 ADOPTED BUDGET Dear Legals: Please advertise the above referenced notice on Friday, March 21, 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. /Account # 001 - 101520 COUNTY OF COLLIER NOTICE OF PUBLIC HEARING 1 T A COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) All interested parties are invited to attend a public hearing on this matter to be held on March 25, 2008 at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Hannon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Thomas Henning, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 08 -002 355 Library (Passed9 /11/07 -10E) $2,254,500 $19,904,479 PURPOSE: To appropriate funds for the South Regional Library. 08 -044 180 Domestic Animal Services Donations $8,600 $13,400 (Passed 11/13/07 - 16D37) PURPOSE: To carry forward funds from the FY07 donations account. 08 -082 313 County Road Construction Gas Tax $621,721 $191,126,031 (Passed 11/27/07 — 16B5) PURPOSE: To recognize funds transferred from Fund 112 to be used for the Bridge Rehabilitation Program. 08 -088 313 Gas Tax Construction Fund $200,000 $191,326,031 (Passed 12/11/07 — 16G1) PURPOSE: To recognize funds transferred from Fund 187 to be used towards roadway lighting on State Road 84. 08 -089 306 Parks Ad Valorem Capital $230,214 $20,342,331 (Passed 12/11/07 — IOG) PURPOSE: To recognize funds transferred from Fund 174 to be used for design of Gordon River Greenway. Teresa L. Polaski From: Teresa L. Polaski Sent: Monday, March 17, 2008 8:31 AM To: 'legals @naplesnews.com' Subject: Proposed Amendment to FY08 Adopted Budget Attachments: Amendment to FY08 Adopted Budget.doc. Amending the FY08 Adopted Budget.doc Legals, Please advertise the following on Friday, March 21, 2008. Thank you Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski@collierclerk.com) I Amendment to Amending the FY08 Y08 Adopted Budg.. Adopted Budg... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 ( Teresa .Polaski@collierclerk.com) I Teresa L. Polaski 17A From: postmaster @collierclerk. com Sent: Monday, March 17, 2008 8:31 AM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT110370.txt Proposed Amendment to FY08 Adopted Budget 13 1 F7171 ATrll0370.tKt Proposed (231 B) andment to FYOS Ac 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 Proposed Amendment to FY08 Adopted Budget Teresa L. Polaski From: Regal, Dagmar [DRegel @Naplesnews.com] Sent: Monday, March 17, 2008 1129 AM To: Teresa L. Polaski Subject: RE: Proposed Amendment to FY08 Adopted Budget got it, thank you From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Posted At: Monday, March 17, 2008 8:31 AM Posted To: Legals Done - NDN Conversation: Proposed Amendment to FY08 Adopted Budget Subject: Proposed Amendment to FY08 Adopted Budget Legals, Please advertise the following on Friday, March 21, 2008. Thank you <<Amendment to FY08 Adopted Budget.doc>> «Amending the FY08 Adopted Budget.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 (Teresa.Po laski @col lierclerk.com) 3/17/2008 Page 1 of 1 17A 03/24/2009 10:19 2392634703 CLASS PAGE 01 COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLL IER COUNTY, FLORIDA PROPOSES TO AMEND ITS TISCAJ, YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) A11 interested parties are imp a od. o attend a. public hcanne on this matter to be held on March 25, 2008 at 9:00 am. or soon thereafter, in the County Commissi.oner'; EL iardroom, 3rd Floor, Collier County Gmwernment Center, W. Harmon Turner Building, 3301 Tamiami Tra'I East, Naples, Florida. A copy of the proposed Budget , .mendmcnt Resolution and background matctial will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p m at the Office of Management and Budget, 2nd Floor. W. Harmon ihrner Building. A anal decision on the amenctnc its will be made at this meeting, Listcd below are the a nendnimv to be consid. red and their purpose. T)wight E. Brock, Clerk of Ccuv Board of County Commissioners Collier County, Flonda Thomas Henning, Chairman Budget '-•' — Amend. Fund No, No. ^EqW, T i le _T- Chanpc Au nd Amount TbML- 08-002 355 Library i Passed 9/1 L'li7 - 10E) $2,254,500 $19,904,479 PURPO .M To appropriate funds for the Soutt R1 gional l.ibraty. 08 -044 180 Dciresti : Animal Sencices Donations $8,600 $13,400 (Passed 1/13/07 - 161)37) PURJIP i ;E; To carry rorward funds from the FY07 do Cations account. C8 -082 313 Counr:v P oadConslruction Gas Tax SG21,721 $191.126.031 (Passed, 1 1/27/07- 16B5) PUR110;;E; To recognize funds transferred from .Fur d 112 to be used for the Bridge Rehahilh rtion Program. 08 -088 313 Gas 7u1'or!slructionFund (Passed 12'11 ;07 -1601) $200,000 $191,326031 PURPO! •F: To recognize funds transferred from Fu's 1 187 to be used towards roadway lighting t n State Road 84, 08 -089 306 Parks Ad Valorem Capital $230.214 $20,342,331. (Passed i V11 /07 -106) MUM E: To recognize funds transferred from Puri 1 174 to be Lued for design of Gordon River 7ro enway. Page I of 1 Patricia L. Morgan From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Tuesday, March 25, 2008 4:56 PM To: Minutes and Records Subject: AMEND ADOPTED BUDGET To Whom it May Concern Your ad for "amending its fiscal year 2007 -08 adopted budget' did not run on March 21, 2008 as it was supposed to. There was some kind of a "glitch ", and we sincerely apologize for any inconvenience this has caused. Naturally, you will not be billed for this. I have written a credit for $1,216,00. Again, please accept our apologies. Sincerely, Pam Perrell `kd Napies daily News Pam Pcrrcll Inside Stiles Repre, cntativc Classilied & l.e -al Advertising 107 , � Central Avenue Nples, Ff 3 -1102 (2391203- d832,'(?: )} 263- 47( }3lah paperrellt&.naplesnews.com lcuak tr'naplc,iietiv5, orn 3/26/2008 Z Page 1 of 1 17A Patricia L. Morgan From: Patricia L. Morgan on behalf of Minutes and Records Sent: Tuesday, March 25, 2008 5:02 PM To: Brock, Mary; Bodine, Judi; Yonkosky, John;'HutchinsonBarbetta' Subject: FW: AMEND ADOPTED BUDGET Mary Jo, The email below is referencing the ad that was to run last Friday. It is for Item #176 for today's BCC meeting. Please advise on how we should proceed. We would recommend running it on the Friday just prior to the April 8th BCC meeting, but that will need to be determined by John. Please let us know as soon as possible so that we can resubmit to NDN. Thank you, Trish Morgan, BMR Manager 3 -25 -08 Also, this will need to be mentioned first thing at tomorrow's continuation of today's meeting. From, Pennell, Pam [ mailto:PPerrell @Naplesnews.com] Sent: Tuesday, March 25, 2008 4:56 PM To: Minutes and Records Subject: AMEND ADOPTED BUDGET To Whom it May Concern: Your ad for "amending its fiscal year 2007 -08 adopted budget" did not run on March 21, 2008 as it was supposed to. There was some kind of a "glitch ", and we sincerely apologize for any inconvenience this has caused. Naturally, you will not be billed for this. I have written a credit for $1,216.00. Again, please accept our apologies. Sincerely, Pam Perrell j Naples Daily Netus Yarn Perroll Inside salc< RcprrsentanN e (11t siiicd K I cg :al AdNcrtisin-- ?j Central lvcnuc v:,hle�. FI. "4102 (231)) 261 -4HQ , (2.,9) 263 -.4701 Fax paperrell @,naplesnews.com Ic .rl, a nahle,necvs.com 3/26/2008 17A March 31, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PROPOSED AMENDMENTS TO FY08 ADOPTED BUDGET Dear Legals: Please advertise the above referenced notice on Friday, April 4, 2008 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. /Account # 001 - 101520 COUNTY OF COLLIER 1 7 A NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) All interested parties are invited to attend a public hearing on this matter to be held on April 8, 2008 at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Thomas Henning, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 08 -002 355 Library (Passed 9/11/07 — l0E) $2,254,500 $19,904,479 PURPOSE: To appropriate funds for the South Regional Library. 08 -044 180 Domestic Animal Services Donations $8,600 $13,400 (Passed 11/13/07 - 16D37) PURPOSE: To carry forward funds from the FY07 donations account. 08 -082 313 County Road Construction Gas Tax $621,721 $191,126,031 (Passed 11/27/07 — 16135) PURPOSE: To recognize funds transferred from Fund 112 to be used for the Bridge Rehabilitation Program. 08 -088 313 Gas Tax Construction Fund $200,000 $191,326,031 (Passed 12/11/07 —16G1) PURPOSE: To recognize funds transferred from Fund 187 to be used towards roadway lighting on State Road 84. 08 -089 306 Parks Ad Valorem Capital $230,214 $20,342,331 (Passed 12/11/07 — l OG) PURPOSE: To recognize funds transferred from Fund 174 to be used for design of Gordon River Greenway. COUNTY OF COLLIER NOTICE OF PUBLIC HEARING A COLLIER COUNTY, FLORIDA PROPOSES TO AMEND A ITS FISCAL YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) All interested parties are invited to attend a public hearing on this matter to be held on April 8, 2008 at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. 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. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Thomas Henning, Chairman Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 08 -002 355 Library (Passed 9/11/07 — IOF) $2,254,500 $19,904,479 PURPOSE: To appropriate funds for the South Regional Library. 08 -044 180 Domestic Animal Services Donations $8,600 $13,400 (Passed 11/13/07 - 16D37) PURPOSE: To carry forward funds from the FY07 donations account. 08 -082 313 County Road Construction Gas Tax $621,721 $191,126,031 (Passed 11/27/07 — 16B5) PURPOSE: To recognize funds transferred from Fund 112 to be used for the Bridge Rehabilitation Program, 08 -088 313 Gas Tax Construction Fund $200,000 $191,326,031 (Passed 12/11/07— 16G1) PURPOSE: To recognize funds transferred from Fund 187 to be used towards roadway lighting on State Road 84. 08 -089 306 Parks Ad Valorem Capital $230,214 $20,342,331 (Passed 12/11/07— IOG) PURPOSE: To recognize funds transferred from Fund 174 to be used for design of Gordon River Greenway. Martha S. Vergara 17 911A From: postmaster @collierclerk.com Sent: Monday, March 31, 2008 10:54 AM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT570537.txt; Proposed Amendment to FY08 Adopted Budget AiT570537.txt Proposed (231 3) =_ndment to FY08 Ac 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 Martha S. Vergara From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Monday, March 31, 2008 12:23 PM To: Martha S. Vergara Subject: RE: Proposed Amendment to FY08 Adopted Budget OK From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Posted At: Monday, March 31, 2008 10:54 AM Posted To: Legals - NDN Conversation: Proposed Amendment to FY08 Adopted Budget Subject: Proposed Amendment to FY08 Adopted Budget Pam, Here is an ad for you Thanks, Martha Vergara Deputy Clerk II - BMR 252 -7240 3/31/2008 Page 1 of 1 Hui •ENV MO[�lWfO PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE COUNTY OF COLLIER NOTICE OF PUBLIC HEARING 17A COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2007 -08 ADOPTED BUDGET (FIRST QUARTER) All interested parties are invited to attend a public hearing on this matter to be held on April 8, 2008 at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budgef, 2nd Floor, W. Harmon Turner Building. 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 assistaiWe. 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. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Thomas Henning, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 08-002 355 Library.(Passed 9/11/07 -10E) $2,254,500 $19,904,479 PURPOSE: To appropriate funds for the South Regional Library. 08 -044 180 Domestic Animal Services Donations $8,600 Passed 11/13/07- 161337) PURPOSE: To carry forward funds from the FY07 donations account. 08 -082 313 County Construction Gas Tax $621,721 (Passed 11/27/07 — 16135) PURPOSE: To recognize funds transferred from Fund 112 to be used for the Bridge Rehabilitation Program. 08 -088 313 Gas Tax Construction Fund $200,000 (Passed 12/11/07 -16G1) PURPOSE: To recognize funds transferred from Fund 187 to be used towards roadway lighting on State Road 84. 08 -089 306 Parks Ad Valorem Capital $230,214 (Passed 12/11/07 — 10G) PURPOSE: To recognize funds transferred from Fund 174 to be used for design of Gordon River Greenway. $13,400 $191,126,031 $191,326,031 $20,342,331 171 Th.Th, NAPLES DAILY NEWS •�. Published Daftc ' a r Naples. FL 34102 a. Affidavit of Publication � n State of Florida County of Collier m ° 0 3 3 Before the undersigned they scrcc as the authonty. personally. 3 appeared B L rub_ who on oath says that they to o a scree as the Assistant Corporate Scerclan of the Naples Daih, a Z 0 if daily nesup aper published at Naples In Collier County. 3 ' Florida: distributed in Collier and Lee counties of Florida: that $ on q the allached cope of the ads ertising. being a m •� r o w = vii U PUBLIC NOTICE n o in the matter of PUBLIC NOTICE '^I da U o seas published in said newspaper 2 limes in the issue o Ell U b: 4 d On April 40'. 2008 w p «I �� Vlhanl further saes that the said Naples Daily News is a newspaper Published d at Naples, in collier county, Florida and that the said 3, etl b n o,sp rper has heretofore been continuously published in said Collier• a H •y C owa,% Florida, distributed in Collier and Lee counties of Florida_ • 3 ,� -�N O h day and has been entered ,s second class mad matter at the post "� U ni in N'apI s in said C nmh Collier Florida. for a period of 1 g en is rli m cnt and afiant further ,,th t s ,r n st pr ding the In t publication f tlr attached copy of ds he has ,either paid nor w ,F O�i i, no I am p ron, turn or aporation am discount iehalc. mnnssion or refund for the purpose of , cckrnng this a(h. rnscmcnl for put I .aliott in Ih iid n «cspaper t - •� U 0 ( Signature of affiant) " S,a• Sr — � y � � g� U p Sworn to and subscribed before me WL This 4 "'. Day Of April 2008 Y O W (Signatur od f notary pu rc) aMO �1 �.� 7S= FEI i9_2578327 NANCY EVANS s.: Commission DD 657030 �• Expires July 18, 2011 • >,RP�� '• Bordeumu m, Fen ins„ance eoaa nnl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 /� 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 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 exception of the Chairman's signature. draw aline through routine lines #1 through 04 eotnnleta the nherklict a "d a r, rd tn g— any,,., n;. "c Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 4/8/08 Agenda Item Number FA 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution �� Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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. 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 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 John Yonkosky Phone Number X8088 Contact appropriate. (Initial) Applicable) Agenda Date Item was 4/8/08 Agenda Item Number FA Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution �� Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be Yes 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 I 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 N/A 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 of BCC approval of the Yes n document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Ye 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 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! 6. The document was approved by the BCC on 4/8/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. IRL 1: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 174 MEMORANDUM Date: April 10, 2008 To: John Yonkosky, Budget Director Management & Budget Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -89: Amending Budget for FY 07 -08 Attached, for your records you will find one (1) copy of the document, as referenced above, (Agenda Item #17A), adopted by the Board of County Commissioners on Tuesday, April 8, 2008. If you should have any questions, please call 252 -8411. Thank you. Attachment RESOLUTION NO. 08 -89 17A A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2007 -08 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board ") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and /or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in particular funds that should be decreased and other appropriations in the same fund that should be correspondingly increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2007 -08 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2007 -08 Budget described below are approved and hereby adopted and the FY 2007 -08 Budget is so amended. BUDGET AMENDMENT FUND NUMBERS 355 08 -022 180 08 -044 313 08 -082 313 08 -088 306 08 -089 INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS 2,254,500 8,600 621,721 200,000 230,214 2,254,500 8,600 621,721 200,000 230,214 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted this 8t' day of April 2008, after motion, second and majority vote. ATTEST:i +,�; y•''., ,; DWIGj}V BROCK,Cdetk, IEPUTYtj4j"j.kto'Chairmaa 1 `•.,. rinna2�lCP�tsn1 C.-Weigel, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: NG HAIRMA r Item # 0--L Agenda ! t j �� L � rat r;re IY ?r ' Date � C Rec INCREASE INCREASE INCREASE INCREASE (DECREASE) (DECREASE) (DECREASE) (DECREASE) INTERFUND RECEIPT EXPENDITURE RESERVES TRANSFERS 2,254,500 8,600 621,721 200,000 230,214 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted this 8t' day of April 2008, after motion, second and majority vote. ATTEST:i +,�; y•''., ,; DWIGj}V BROCK,Cdetk, IEPUTYtj4j"j.kto'Chairmaa 1 `•.,. rinna2�lCP�tsn1 C.-Weigel, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA By: NG HAIRMA r Item # 0--L Agenda ! t j �� L � rat r;re IY ?r ' Date � C Rec